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Home My WebLink AboutAgenda Packet 1999/11/16 AGENDA . I "1 declare under penalty of perJury that am employed by the City of Chula Vista in the . November 16, 1999 Off' f .~. C'lty CI.~-" '1nd that I Posted 6.00 p.m. ICeO\,¡e"" .,""","" this AgenJ¡;:/NoHce en the Bulletin B~ard at CA LL TO 0 R D E R the Public rv'ces Building aji at City H~ ..' DATED~ /d--.91 SIGNED; 7¡~# J¡¡¿')-1 1. ROLL CALL: Council members Davis, Moot, Padilla, Salas, and Mayor Horton. 2. PLEDGE OF ALLEGIANCE TO THE FLAG, MOMENT OF SILENCE 3. SPECIAL ORDERS OF THE DA Y A. Oath of Ot1ice: HerbeI1 L. Young - Baytì'ont Conservancy Trust; and Thomas E. Teagle - Mobilehome Rent Review Commission. B. Proclaiming Friday, November 19, 1999, as "National Geographic Information System Day." There will be a brief demonstration on how GIS is being used in the City. Mayor Horton will present the proclamation to Tom McDowell, GIS Manager. C. Proclaiming Agustive Hermes "1999 Veteran of the Year." Mayor Horton will present the proclamation to 1\'lr. Hermes. D. Recognition of Doug Reid, Environmental Review Coordinator, upon his retirement aner 30 years of service to the City. Mayor Horton will present the proclamation. E. Chief Richard Emerson will introduce newly promoted otÌÌcers: Sergeant John MacA venia, Sergeant Fritz Reber, Sergeant Dan Hardman, Agent Dennis Dodge, Agent Barbara Rudesill, Agent Mike Helvie, Agent Brett Rhoades, and Agent Ruben Gama. CONSENT CALENDAR (Items 4 through 15) The slt(ll recommelldatiolls regarding Ihej()1 lo\l'illg i lellls lisled l/llder the Consent Calendar Il'ill he enacted hy the ('mll/cll hy olle molioll, lI'ithO/ft discussioll, unless a Counci/memha, 0 memher (!lthe jillh/ic, or ('i~)' stqll requests thotthe ite/11 he remOl'edfor di.\cu.\sion. (f'you wish 10 "/Jt'uk 011 one (lthese items, p/ease./ï11 out a "Request to '~/)eak" form (ami/ah/e ill the /oM)) al/(/ suhmit it to the City ('/erk prior to the meeting, Item.\/Jlllle,Ui'Om the ('ollselll ('alelldar wi/I he discussed ((fier Action Items, ItemslJIIlled hy the jJllhlic will he thelinl items (llmsiness. 4. WRITTEN COMIVIUNICA TIONS A. Letter nom the City Attorney stating that to the best of his knowledge from observance of actions taken in Closed Session on November 9, 1999, there were no actions taken which are required uncleI' the Brown Act to be reported.. Staff recommendation The letter be received and tìlecl. Agenda 2 November 16, 1999 5. RESOLUTION ACCEPTING BIDS FOR PURCHASE OF A MOBILE COMMAND POST AND AWARDING Ti--IE CONTRACT IN THE AMOUNT OF $219,352.06 TO LYNCH DIVERSIFIED VEHICLES AND APPROPRIATING $106,386 FROM THE PUBLIC FACILITIES DEVELOPMENT IMPACT FEE FUND (4/STH'S VOTE REQUIRED) On December 15, 1998, Council appropriated $75,000 in 1998 Local Law Enforcement grant funds and staff reprogrammed savings in the amount of $37,966.06 from the 1997 Supplemental Law Enforcement Services Fund for purchase ofa Mobile Command Post. The proposals were submitted in response to a Request for Proposal, which was issued in July 1999. Staff is recommending award of the contract to Lynch Diversified Vehicles and appropriation of D I F funds in the amount of $1 06,3 86. Staff recommendation: Council adopt the resolution. (Chief of Police) 6. RESOLUTION ACCEPTING $4,000 FROM THE DEPARTMENT OF ALCOHOLIC BEVERAGE CONTROL AND APPROPRIATING SUCH FUNDS FOR AN "EVERY FIFTEEN MINUTE PROGRAM" AT SCHOOLS (4/STH'S VOTE REQUIRED) Recently, the Police Department was notified ofa grant award in the amount of$4,000 from the Department of Alcoholic Beverage Control for the purpose of conducting an "Every Fifteen Minute Program" at a local high school. The "Every Fifteen Minute Program" is a two day program involving high school juniors and seniors that challenges them to think about the consequences of drinking, personal safety, and the responsibility of making mature decisions concerning drinking and driving. This a cooperative program involving schools, law enforcement and the community designed to prevent teen drinking and driving injuries and fatalities. Staff recommendation Council adopt the resolution. (Chief of Police) 7. RESOLUTION APPROVING AN ACCESS EASEMENT AGREEMENT WITH ONE PARK APARTMENTS, LP LOCATED WITHIN THE TOWN CENTRE I REDEVELOPMENT PROJECT AREA The One Park Apartment complex, located within the Focus Area of Town Centre 1 at the intersection of Third Avenue and "F" Street, is in the process of being sold. There is no recorded easement for the driveway which provides access between Third Avenue and the apartment complex The public driveway is part of the downtown parking stmctllre owned by the City. The prospective buyer and seller 'are requesting that an access easement be granted in order for the buyer to have oflìcial and perpetual access through the driveway. Staflrecommendation: Council adopt the resolution (Director of Community Development) 8. RESOLUTION APPROVING A MASTER LICENSE AGREEMENT WITH COX PCS, INc. AND AT&T WIRELESS PCS, INc. FOR THE INSTALLATION AND OPERATION OF UP TO 50 PCS OR SUBSTANTIALLY SIMILAR FACILITIES ON CITY OWNED PROPERTY, SUBJECT TO ALL NECESSARY APPROVALS, FOR A PERIOD OF 5 YEARS WITH AN OPTION TO RENEW FOR UP TO THREE ADDITIONAL <; YEAR TERìvlS Agenda .., November 16, 1999 ,) On March 18, 1997, Council conceptually approved the marketing of City propeliies for use by telecommunications companies Cox PCS Inc. and AT&T Wireless PCS, Inc. are mobile phone service providers that are expanding their coverage in the Southbay region and are interested in locating facilities on several City-owned propeIiies. Staffrecommendation: Council adopt the resolution. (Director of Community Development) 9. RESOLUTION AMENDING TIlE FISCAL YEAR 1999/2000 BUDGET APPROPRIATING $13,700 TO TilE PLANNING AND BUILDING DEPARTMENT FROM THE AVAILABLE FUND BALANCE OF THE GENERAL FUND FOR PROFESSIONAL SERVICES RELATING TO PREPARATION OF STUDIES FOR THE CITY'S DRAFT MULTIPLE SPECIES CONSERVATION PROGRAM (MSCP) SUBAREA PLAN In April 1999, MNA Consulting was retained by the City to draft a revised MSCP Subarea Plan, assist in the drafting of an Implementation Agreement, and assist in processing the draft Subarea Plan and Implementing Agreement through the public hearing and approval process. The MSCP Subarea Plan has identified the Otay River Valley and Salt Creek as a core biological resource area of very high habitat value and as a regional linkage between coastal wetlands and interior habitats. An Otay River Valley Study is to be conducted and included in the Subarea Plan to ensure that recreational uses within the proposed regional park will be compatible with conservation and management of critical biological resources and to outline future management efforts. Staff has selected the Conservation Biology Institute to conduct this study based on their biological expertise, knowledge of MSCP policies, wildlife agency concerns, and environmental community issues. Consultant services to complete the study and recommendations will require that $13,700 be appropriated tÌ'om the 1999/2000 General Fund to the Planning and Building Department. Staff recommendation' Council adopt the resolution. (Director of Planning and Building) 10. RESOLUTION DECLARING CITY'S INTENTION TO UNDERGROUND OVERHEAD UTILITIES ALONG ORANGE A VENUE FROM FOURTH AVENUE TO PALOMAR STREET AND SETTING A PUBLIC HEARING FOR THE FORMATION OF UTILITY UNDERGROUND DISTRICT NUf\1BER 130 FOR JANUARY 11,2000 AT 6:00 P.M. A public hearing was conducted on September I and 15, 1998, at which time Council approved the ordinance adopting the new Franchise Agreement with SDG&E during its second hearing. Part of the agreement involves the allocation of the Calif()f(lia Public Utilities Commission Rule 20A Funds for constructing the Utility Underground Conversion Projects. The next utility underground conversion projects are scheduled for the year 2000. Staff recommendation. ('oLlncil adopt the resolution. (Director of Public Works) ILA. RESOLUTION APPROVING FINAL ]'vIAP OF TRACT NUMBER 96-04, OTAY RANCH, VILLAGE ONE, NEIGIIBORHOOD R-12~ ACCEPTING ON BEHALF OF THE CITY GENERAL UTILITY AND ACCESS EASE1\1ENTS GRANTED ON SAID MAPS WITHIN SAID SUBDIVISIONS, APPROVING THE SUBDIVISION IMPROVEMENT AGREEMENTS FOR TI-IE COMPLETION OF IMPROVEMENTS REQUIRED BY SAID SUBDIVISIONS, AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENTS Agenda 4 November 16, 1999 B. RESOLUTION APPROVING THE SUPPLEMENTAL SUBDIVISION IMPROVEMENT AGREEMENT FOR TRACT NLJ1\1BER 96-04, OT A Y RANCH, VILLAGE ONE, NEIGHBORHOOD R-12, REQUIRING DEVELOPER TO COMPLY WITH CERTAIN UNFULFILLED CONDITIONS OF RESOLUTION NUMBER 18398 AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT The tentative map tor Otay Ranch, Village One, and a portion of Village Five (CVT 96-04) was approved by Council on November 19, 1996. Centex Homes requests that Council consider the approval of a Final "13" Map for Neighborhood R-12 within ViJlage One, together with the associated agreements for the "B" Map. Neighborhood R-12 totals 83 single tàmily units. StatTrecommendation: Council adupt the resolutiul1s. (Director of Public Works) 12. RESOLUTION INITIATING PROCEEDINGS FOR THE FORMA nON OF A REIMBURSEMENT DISTRICT FOR THE SHIRLEY STREET SEWER MAIN AND CALLING A PUBLIC HEARING FOR DECEMBER 7, 1999 AT 4:00 P.M. TO EST ABLISH THE DISTRICT Based on residents' requests, the City recently constructed a sewer line in Shirley Street between North Second and North Del Mar Avenue. Statfproposes that the City be repaid for the cost of designing and constructing this sewer through a reimbursement district. Staff recommendation. Council adopt the resolutiun. (Director of Public Works) I3.A RESOLUTION APPROVING A r'lNAL I\'IAP OF TRACT NUMBER 90-07, SUNBOW 11, PHASE Ie, UNITS 5, 6,13,14, AND 15, ACCEPTING ON BEHALF OF THE CITY PUBLIC STREETS AND EASEMENTS GRANTED ON SAID MAP WITHIN SAID SUBDIVISION, ACCEPTING ON BEHALF OF THE CITY ALL OPEN SPACE LOTS GRANTED ON SAID MAP WITHIN SAID SUBDIVISION, AND ACKNOWLEDGING THE IRREVOCABLE OFFER OF DEDICATION OF FEE INTEREST FOR PUBLIC ROADWAY PURPOSES AND ACKNOWLEDGING THE IRREVOCABLE OFFER OF DEDICATION OF FEE INTEREST FOR PUBLIC PARK AND OTHER PUBLIC PURPOSES AND APPROVING THE SUBDIVISION 1!\1PROVEMENT AGREEMENT FOR THE COMPLETION OF IMPROVEÎvlENTS REQUIRED BY SAID SUBDIVISION, AND AUTHORIZING THE MA YOR TO EXECUTE SAID AGREEMENTS B. RESOLUTION APPROVING SUPPLEMENTAL SUBDIVISION IMPROVEMENT AGREEMENT FOR TRACT 90-07, SUN BOW II, UNITS 5, 6, 13, 14, AND 15 REQUIRING THE DEVELOPER TO COMPLY WITH CERTAIN UNFULFILLED CONDITIONS OF RESOLUTIONS NUMBERED 15640 AND 17177 AND AUTHORIZING THE MAYOR TO EXECUTE SAME C. RESOLUTION APPROVING /\ TRANSPORTATION DEVELOPMENT IMPACT FEE AGREEMENT WITH ACI SUN BOW, LLC On May 22, 1990, Council conditionally appruved the Tentative Subdivision Map for Tract 90-07, Sunbow liOn that tentative map, unit boundaries were delineated. On July 20, 1993, Council at1ìrmed a Planning Commission resolution to approve a one-year Tentative Subdivision Map extension. On ¡'day 1.1, 1997, Council approved the First Final Map for Sunbow II, Phase I A. StatTrecommendation: Council adupt the resolutions. (Director of Public Works) Agenda 5 November 16, 1999 14.A RESOLUTION APPROVING A FINAL rv'IAP FOR TRACT NUMBER 97-02, MCMILLIN OTAY RANCH SPAONE, PHASE 2, UNIT 7, ACCEPTINGON BEHALFOFTHECITY THE EASEMENTS GRANTED ON SAID MAP WITHIN SAID SUBDIVISION, ACCEPTING ON BEHALF OF THE PUBLIC PLEASANTON ROAD, BULL CANYON ROAD, SANTA FLORA ROAD, CARMEL AVENUE, CARMEL COURT, ROSSIN COURT, HAYFORD ROAD, AND GOLD RUN DRIVE, ACKNOWLEDGING ON BEHALF OF THE CITY THE IRREVOCABLE OFFERS OF DEDICATION OF FEE INTERESTS IN LOTS BAND C FOR OPEN SPACE AND OTHER PUBLIC PURPOSES AND LOTS A AND D FOR PUBLIC PARK PURPOSES ON SAID MAP WITHIN SAID SUBDIVISION, AND APPROVING THE SUBDIVISION IMPROVEMENT AGREEMENT FOR THE COMPLETION OF [f'v1PROVEMENTS REQUIRED BY SAID SUBDIVISION, AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT B. RESOLUTION APPROVING SUPPLEMENTAL SUBDIVISION IMPROVEMENT AGREEMENT FOR TRACT 97-02, MCMILLIN OTA Y RANCH SPA ONE, PHASE 2, UNIT 7, AND AUTHORIZING TI-IE MAYOR TO EXECUTE SAME This is to consider the approval of a Final Map, Subdivision Improvement Agreement, and Supplemental Subdivisionll1lprovel1lent Agreement for Phase 2, Unit 7, of Tract 97-02. Said map contains 104 single family lots, public streets, 2 public park lots and 2 private open space lots to be maintained by a Homeowners Association. Staff recommendation: Council adopt the resolutions. (Director of Public Works) IS,A. RESOLUTION APPROVING A FINAL MAP FOR TRACT NUMBER 98-04, MCMILLIN OT A Y RANCH SPA ONE, PHASE 3, ACCEPTING ON BEHALF OF THE CITY THE EASEMENTS GRANTED ON SAID MAP WITHIN SAID SUBDIVISION, REJECTING ON BEHALF OF THE PUBLIC TIlE OFFERS OF DEDICATION FOR A PORTION OF OLYMPIC PARKWAY AND A PORTION OF LA ¡VIEDIA ROAD, ACKNOWLEDGING THE IRREVOCABLE OFFER OF DI::DICATION OF FEE INTERESTS IN LOTS A, B, C, D, E, F, G AND H FOR OPEN SPACE AND OTHER PUBLIC PURPOSES ON SAID MAP WITHIN SAID SUBDIVISION, AND APPROVING SUBDIVISION IMPROVEMENT AGREEivlENT FOR THE COrvlPLETION OF IMPROVEMENTS REQUIRED BY SAID SUBDIVISION, AND AlJTHORIZING THE MAYOR TO EXECUTE SAID AGREEI\1ENT B. RESOLUTION APPROVING SUPPLEMENTAL SUBDIVISION IMPROVEMENT AGREEMENT FOR TRACT 98-04. MCMILLIN err A Y RANCH SPA ONE, PHASE 3, AND AUTHORIZING 'rilE ¡vIA YOR TO EXECUTE SAME This item is to consider approval of a Final Map, Subdivision Improvement Agreement, and Supplemental Subdivision Improvement Agreement fÒr Phase 3 of Tract 98-04. Said map contains two "super block" lots which will require the subsequent tiling offinal "B" maps, one condominium lot (maximum of 20 ¡units) which will require subsequent Design Review approval of the proposed project, and eight open space lots. Staff recommendation Council adopt the resolutions (Director of Public Works) ORAL COMM lJNICA TIONS Agenda 6 November 16, 1999 PUBLIC HEARINGS AND RELATED RESOLUTIONS AND ORI>INANCES The .f(J//owing items h(f\'e heell mfl'L'/'tised ulld or I){)sted as !Jllhlic hearings as required by law, ff'yOl/ lI'ish to .\jh'uk to WlY itelll, please pll out a "Request to Speak" form ((ll'Uilah/e ill the lohhy) (ll/(lsIIhll/il il 10 the Ci(1' Clerk prior to the meetillg, 16. PUBLIC HEARING TO NOTICE ACCEPTANCE AND APPROPRIATION OF LOCAL LAW ENFORCEMENT BLOCK GRANT FUNDS The Police Depm1ment has recently received notice ofa 1999 Local Law Enforcement Grant Award in the amount of$262,508 ÍÌ'om the Bureau of Justice Assistance. These funds were allocated to the Police Depar1ment based on a three-year average Part I Violent Crimes. Part I Violent Crimes are murder and Iwn-negligent manslaughter, forcible rape, robbery, and aggravated assault as reported by the FB I. Acceptance and appropriation of these funds requires a public hearing per stipulations of the Local Law Enforcement Block Grant. Staff recommendation The public hearing be continued to the meeting of November 23, 1999. (Chief of Police) 17. PUBLIC HEARING TO NOTICE USE OF FISCAL YEAR 1999/2000 STATE COPS FUNDING PER CITIZENS' OPTION FOR PUBLIC SAFETY FOR LOCAL LAW ENFORCEMENT SERVICES The Fiscal Year I C)99/2000 State budget was adopted appropriating $370,617.7] from State COPS to the City's Police Department as a result of Assembly Bill 3229, Brulte. This bill allocates State money to police departments for purposes stipulated by the Citizens Option for Public Safety (COPS) program. The Police Department proposes to use the funds to implement recommendations of the Strategic Plan. Staff recommendation: The public hearing be continued to the meeting of November 23, 1999. (Chief of Police) 18. PUBLIC HEARING TO CONSIDER THE !\10DIFICATION OF THE EXISTING TRANSPORTATION DEVELOprvlENT l~dPACT FEE A. RESOLUTION ACCEPTING i\ REPORT PREPARED BY PROJECT DESIGN CONSULTANTS RECOMMENDING AN UPDATED TRANSPORTATION DEVELOPMENT IMPACT FEE TO MITIGATE TRANSPORTATION IMPACTS WITI'l1N THE CITY'S EASTERN TERRITORIES B. ORDINANCE AMENDING THE TRANSPORTATION DEVELOPMENT IMPACT FEE PROGRAM, ADDING CHAPTER .1';4, DEVELOPI\1ENT IMPACT FEE TO PAY FOR TRANSPORTATION FACILITIES I N THE CITY'S EASTERN TERRITORIES, TO THE MUNICIPAL CODE AND REPEALING ORDINANCE 2251 AND AMENDMENTS THERETO (FIRST READING) C. ORDINANCE AMENDING ORDINANCE NUMBER 2251, RELATING TO DEVELOPMENT IMPACT FEE TO PAY FOR TRANSPORTATION FACILITIES IN THE CITY'S EASTERN TERRITORIES (URGENCY) (4/5TH'S VOTE REQUIRED) Agenda 7 November 16, 1999 The City's Transportation Developmcnt Impact Fee (TDIF) Program was established on January 12, 1988 by Ordinance 225 I. Since its inception, the program has been updated several times to reflect new land use approvals, changes to the Circulation Element of the General Plan, and updated project cost estimates. The last TDIF update was approved in 1993. Council is being asked to consider the approval of the 1999 TDIF update recommending an increase th)mthe current fee of$3, 998 to $5, 920 per Equivalent Dwelling Unit. The proposed Urgency Ordinance will enable the City to collect the fee during the 60- day waiting period before the regular ordinance becomes effective. Staff recommendation: Council adopt the resolution and urgency ordinance and place the ordinance adding Chapter 3.54 on tìrst reading. (Director of Public Works) 19. PUBLIC HEARING TO CONSIDER THE FOLLOWING APPLICATION FILED BY THE EASTLAKE COMPANY FOR 108 ACRES ON THE NORTH SIDE OF OTAY LAKES ROAD BETWEEN LANE A VENUE AND I-.JUNTE PARKWAY WITHIN THE EASTLAKE PLANNED COMMUNITY: (A) PCM-OO-02: AMENDMENTS TO THE TEXT, MAPS, AND STATISTICS OFTHE EASTLAKE II GENERAL DEVELOPMENT PLAN (GDP), EASTLAKE I SECTIONAL PLANNING AREA (SPA) PLAN AND ASSOCIATED REGULATORY DOCUMENTS TO INCORPORATE 108 ACRES OF RESEARCH AND LIMITED MANUFACTURING INTO THE EASTLAKE II GDP AND EASTLAKE I SPA; (B) PCS-00-O2: TENTATIVE SUBDIVISION MAP KNOWN AS EASTLAKE BUSINESS CENTER 11, TRACT 00-02 TO SUBDIVIDE 108 GROSS ACRES INTO 161NDUSTRIAL LOTS, TEN OPEN SPACE LOTS, AND ASSOCIATED INDUSTRIAL STREETS A. ORDINANCE APPROVING M\'1ENDrvIENTS TO THE EASTLAKE II PLANNED COMMUNITY DISTRICT RECìUl.ATIONS TO INCORPORATE 108 ACRES OF RESEARCH AND LIì\/IITED IVIANUFACTURING AS BC-I, BUSINESS CENTER MANUFACTURING PARK DISTRICT, INTO TIlE LAND USE DISTRICTS MAP; AMEND SECTION IV2A, PROPERTY DEVELOPI\ŒNT STANDARDS, TO ALLOW INCREASE IN BUILDING HEIGHT FOR CERTAIN LOTS WITH APPROVAL BY THE DESIGN REVIEW COMMITTEE, AND ESTABLISH SPECIAL BUILDING SETBACKS AND BUFFER REQUIREMENTS FOR CERTAIN LOTS ABUTTING RESIDENTIAL LAND USE DISTRICTS (FIRST READING) B. RESOLUTION ADOPTING MITIGATED NEGATIVE DECLARATION (lS-00-03), CERTAIN FINDINGS OF FACT AND MITIGATION ~\/IONITORING AND REPORTING PROGRAM; APPROVING AIVIENDMENTS TO THE EASTLAKE II GENERAL DEVELOPMENT PLAN, EASTLAKE I SECTIONAL PLANNING AREA (SPA) PLAN, EASTLAKE I PUBLIC FACILITIES FINANCING PLAN, EASTLAKE I AIR QUALITY IMPROVEMENT PLAN, AND EASTLAKE I WATER CONSERVATION PLAN; ALSO APPROVING NEW EASTLAKE I BUSINESS CENTER II DESIGN GUIDELINES AND TENTATIVE SUBDIVISION MAP FOR 108 ACRES NORTH OF OT A Y LAKES ROAD BETWEEN HUNTE PARK\VA Y AND LANE AVENUE The applicant, The EastLake Company, is requesting approval of amendments to the EastLake II General Development Plan (GDP), EastLake I Sectional Planning Area (SPA) and associated regulatory documents to incorporate 108 acres of Research and Limited Manut~lcturing into the EastLake Business Center II and approval ofa tentative subdivision map, known as EastLake Business Center I L Tract 00-02, to subdivide 108 acres into 16 industrial lots, ten open space lots, and industrial streets Statrrecommendation Council place the ordinance on tirst reading and adopt the resolution. (Director of Planning and Building) Agenda R November 16, 1999 20. PUBLIC HEARING PCM-OO-06, CONSIDERATION OF AN AMENDMENT TO THE RANCHO DEL REY SECTIONAL PLANNING AREA I GUIDELINES IN ORDER TO ALLOW THE PLACEMENT OF FOUR MONUMENT SIGNS WITHIN A PUBLIC OPEN SPACE AREA SITUATED ALONG EAST "H" STREET, AND PLACE DIRECTIONAL SIGNS WITHIN THE RANCHO DEL REY BUSINESS/COMMERCIAL CENTER The City has been working with the management of the Rancho del Rey Business/Commercial Center toward the creation of a sign program for approximately one year. Tenants of the Center feel that their businesses are not visible tì'om East "H" Street and that signage situated along this street is necessary in order to attract customers. The applicants are proposing to place four monument signs along East "H" Street. They are also requesting that new directional signs be allowed within the center in order to tàcilitate vehicular circulation and parking. The proposed signage requires the modification of the Rancho del Rey SPA I Design Guidelines. StatTrecommendation That the public hearing be continued to the meeting of November 23, 1999. (Director of Planning and Building) BOARD AND COMMISSION RECOMMENDATION 21. REPORT FORWARDING RECO¡VtrVIENDATIONS FOR CHARTER AMENDMENTS The Charter Review Commission has been meeting to discuss various amendments to the Charter to be placed on the March :2000, ballot. At its meeting of May 17, 1999, the Commission unanimously approved the endorsement of a proposition tl)r an increase to the Mayor's salary At its meetings nf August 16 and October 18, 1999, the Commission discussed a measure to be forwarded to Council for approval in regard to a "design-build" measure. Commission recommendation: Accept the recommendation to place Charter amendment measures on the March 2000, ballot to: modify Section 1009 relating to design-build and make a change to Sections 30:2 and 304(c) to adjust the salary received by Councilmembers and adjust the Mayor's salary based on a percentage of the salary of a Judge of the Superior Court. (Charter Review Commission) ACTION ITEMS The items listed ill this sectioll oj/he ugelldu ure eXI}('cled to elicit suhstantial discussions ulld deliheruliolls I~\' /he ('oullcil, sIal/, ormemher.\ of'lhe fmhlic, 711e items will he collsidered il/(Ii\'id/lu/~)' hy Ihe ('milici/, ul/(I smll n'colllllh'lIda!iolls 11/(~¡:, ill cerluill cases, he !In'.\ellled III the ullerIlUlil\'. !jnm wish to .\fleak Oil allY item, please};/I 0111 a "I<eqlleslto .\jh'uk "j(mll (umiluhle ill the lohhJ) and sllhmit it to the City ('Ierk IJrior 10 the meelillg. 22.A RESOLUTION APPROVING AN ECONOMIC INCENTIVE AGREEMENTWlTHTHE EASTLAKE DEVELOPIVIENT COr-.iJPANY AND AUTHORIZING THE MAYOR TO EXECUTE SAME B. RESOLUTION APPROVING A BUSINESS INCENTIVE AGREEMENT WITH LEVITON MANUFACTURING COMPANY AND AUTHORIZING THE MAYOR TO EXECUTE SAME Agenda 9 November 16, 1999 C. RESOLUTION APPROPRIATING $110,630 FROM THE GENERAL FUND FOR PAYMENT OF LEVITON PROCESSING FEES AND PUBLIC FACILITIES DEVELOPMENT IMPACT FEE (PFDIF) (4/5TI-I'S VOTE REQUIRED) D. RESOLUTION REPROGRAMI\1ING $80,000 IN CDBG FUNDS FOR PAYMENT OF LEVITON ASSESSMENT DISTRICT AND MELLO ROOS FEES Leviton Manutàcturing is an electronics manutàcturer of more than 22,000 products and components \vith facilities throughout North America. The proposed Leviton agreement otTers business attraction incentives, the majority of which are provided by EastLake Development Company via a separate agreement with the City, and will result in the opening up of the EastLake Business Center Phase II for marketing to additional high tech employers. Staff recommendation: Council adopt the resolutions. (Director of Community Development) ITEMS PULLED FROM THE CONSENT CALENDAR OTHER BUSINESS 23. CITY MANAGER'S REPORTS A. Scheduling of meetings. 24. MAYOR'S REPORTS 25. COUNCIL COMMENTS ADJOURNMENT to a Closed Session and thence to the Regular Meeting of November 23, 1999, at 600 p.m. in the Council Chambers. *** A Joint Meeting of the City Council/Redevelopment Agency will be held immediately following the City Council Meeting. *** III declare under penalty of perjury that I am employed by the City of Gh'.1;1 Vista in the Office of the City Clerk end that pos¡ed this Agenda/Notice on the Bulletin Board at . Tuesday, November 16, 1999,ho PublIc S rvl o~ BUlldln~ r Council Cha~bers 6:00 p.m. DATED~ I J '/. 7' SIGNE . ;Z k ServIces BUlldmg (immediately following the City COUIlC' eting) CHULA VISTA CITY COUNCIL CLOSED SESSION AGENDA Effective April 1, 1994, there have been new amendments to the Brown Act. Unless the City Attorney, the City Manager or the City Council states otherwise at this time, the Council will discuss and deliberate on the following items of business which are permitted by law to be the subject of a closed session discussion, and which the Council is advised should be discussed in closed session to best protect the interests of the City. The Council is required by law to return to open session, issue any reports oftinal action taken in closed session, and the votes taken. However, due to the typical length of time taken up by closed sessions, the videotaping will be terminated at this point in order to save costs so that the Council's return tì'om closed session, reports of final action taken, and adjournment will not be videotaped. Nevertheless, the rep0I1 oftinal action taken will be recorded in the minutes which will be available in the City Clerk's Ot1ìce. CONFERENCE WITH LEGAL COUNSEL REGARDING: . Significant exposure to litigation pursuant to Government Code Section 54956.9(b) One case. . Initiation oflitigation pursuant to Government Code Section 54956.9(b) One case. ~~I?- 2..~~ ~~~~ CllY OF CHULA VISTA MEM 0 RAND UM November 11, 1999 To: The Honorable MaYld City Council From: David D. Rowlands, r., City Manager Subject: Council meeting of November 16, 1999 This will transmit the agenda and related materials for the regular City Council meeting of Tuesday, November 16,1999. Comments regarding the Written Communications are as follows: 5a, This is a letter from, the City Attorney stating that to the best of his knowledge from observance of actions taken in Closed Session on November 9, 1999; there were no actions taken which are required under the Brown Act to be reported. IT IS RECOMMENDED THAT THIS LETTER BE RECEIVED AND FILED. DDR:mab ~~l?- ~~ ~ -...;;: ~ .-...; "-- """" """" ~ ---- CllY OF CHUlA VI sf A OFFICE OFTHE CITY ATTORNEY Date: November 10, 1999 To: The Honorable Mayor and City Council From: John M. Kaheny, City Attorney 'JY? Re: Report Regarding Actions Taken in Closed Session for the Meeting of 11/9/99 The City Council of the City of Chula vista met in Closed Session on 11/9/99 to discuss: 8 CONFERENCE WITH LEGAL COUNSEL REGARDING: Significant exposure to litigation pursuant to Government Code Section 54956.9(b) Claim No. 99-15-006 8 Initiation of litigation pursuant to Government Code Section 54956.9(b) One case. The City Attorney hereby reports to the best of his knowledge from observance of actions taken in the Closed Session in which the city Attorney participated, that there were no reportable actions pursuant to Conference with Real Property Negotiator which are required under the Brown Act to be reported. JMK:lgk ".\ho"e\ion"h"\lc\"i.meee.h" t//li 276 FOURTH AVENUE. CHULA VISTA. CALIFORNIA 91910. (619) 691-5037. FAX (619) 409-5823 Post-CO"'U"'"' Re",oIed Pape' COUNCIL AGENDA STATEMENT ITEM Š MEETING DATE 11-16-99 ITEM TITLE: RESOLUTION Accepting bids for purchase of a Mobile Command Post and awarding the contract in the amount of $219,352.06 to Lynch Diversified Vehicles and appropriating $106,386 from the Public Facilities Development Impact Fee Fund, SUBMITTED BY: Chief of police~ REVIEWED BY: City Managerß (4/5THS Vote: YES X No _> On December 15, 1998, the City Council appropriated $75,000 in 1998 Local Law Enforcement Block (LLEBG) grant funds and staff reprogrammed savings in the amount of $37,966.06 from the 1997 Supplemental Law Enforcement Services Fund (SLESF) for purchase of a Mobile Command Post. The City has received and evaluated five proposals for a Mobile Command Post. The proposals were submitted in response to a Request for Proposal, which was issued in July 1999. Staff is recommending award of the contract to Lynch Diversified Vehicles, and appropriation of DIF funds in the amount of $106,386, RECOMMENDATION: That the City Council accept bids for purchase of a Mobile Command Post and award the contract in the amount of $219,352.06 to Lynch Diversified Vehicles and appropriate $106,386 from the Public Facilities Development Impact Fee Fund. BOARDS/COMMISIONS RECOMMENDATION: N/ A DISCUSSION: The City Council's approval of a Mobile Command Post resulted in the issuance of a Request For Proposal (RFP) #100-99/00, which was issued on 07-06-99 by the City's Purchasing Agent. Seventeen prospective bidders were contacted and the proposal was advertised in the Chula Vista Star News on June 12, 1999. Five bids were received in response to the solicitation, S-j PAGE 2, Item MEETING DATE 11/16/99 VENDOR UNIT COST TAX TOTAL COST Serchie Group, Medford, NJ $110,407 $ 8,556.54 $118,963.54 Specialty Vehicles Inc" Huntington Beach, $147,290 $11,414,98 $158,704.98 CA Specialty Vehicles & Equipment, Mesa, AZ $153,000 $11,857.50 $164,857.50 Lynch Diversified Vehicles, Burlington, WI $203,575 $15,775.06 $219.352.06 Mattman Company, Escondido, CA $203,980 $15,808.45 $219,788.45 All five proposals met the minimum requirements of the RFP; however, the proposals from the Serchie Group, Specialty Vehicles Inc. and Specialty Vehicles and Equipment, did not meet the specific needs of the police department. Because there is no standard for a vehicle of this type, the RFP for the Mobile Command Post was drafted to encourage a variety of proposals, which allowed staff to better evaluate available Command Post models. The proposals were subsequently evaluated based on their ability to meet specific police service delivery needs. Some of the key factors included the ability to use the Command Post regularly in the eastern portion of Chula Vista as a mobile sub-station and at numerous community events. These activities will result in a high volume of people and equipment entering and exiting the Command Post. Consequently, factors such as life expectancy, suspension and durability were used to select a Mobile Command Post. The vehicle proposed by the Serchie Group was too small. The vehicle proposed by Specialty Vehicles Inc. and Specialty Vehicles and Equipment, appeared to be motor home/bus type conversions. Staff felt this would limit the usefulness and life expectancy of these vehicles. The bids from Lynch Diversified Vehicles and the Mattman Company were found to be the most suitable for the police department's needs because they are diesel powered vehicles built on heavy commercial frames with the corresponding heavy suspension. For these reasons the vehicles are better suited to provide a 30-year service life. Lynch Diversified Vehicles was selected for the following reasons: (5"~ PAGE 3, Item MEETING DATE 11/16/99 . Lynch Diversified Vehicles has been building Mobile Command Posts since 1977 and employs 177 full time employees. They have committed to a delivery date of 150 days or less from the awarding of the bid, . Regular maintenance and warranty work on this vehicle can be performed within San Diego County. Lynch Diversified Vehicles will also send a technician to Chula Vista for any warranty work or defects not covered by other vendors. . City staff and experts from outside the City recommended the Cummins diesel engine, proposed by Lynch Diversified Vehicles for dependability and durability. . Vendor references contacted by staff responded very positively regarding the quality of product and service provided by Lynch Diversified Vehicles. . The Fleet Manager is in agreement with staffs recommendation. DESCRIPTION OF MOBILE COMMAND POST: The Police Mobile Command Post has a projected service life of 30 years. The Command Post is a diesel powered, self- contained vehicle with a 26' load area to be used as a mobile substation in the eastern portion of Chula Vista and at Amphitheater events. Contained within the Command Post is a conference area capable of seating eight to ten people. This conference area will include a television and VCR and numerous erasable white boards for use during field operations and emergency situations. The Mobile Command Post will also have a communications center, capable of carrying on police radio operations, as well as phone operations via cellular phone and standard landline phone connections. The Command Post will have computer capabilities with printers, a fax machine and a copy machine, The Command Post is equipped with restroom facilities and a galley, which will allow emergency command post staff to remain on-scene for long periods of time. The Mobile Command Post will be used as a staging area for critical incidents, major crime scenes such as SWAT incidents, homicide scenes, traffic fatality scenes and a mobile substation as police presence is necessary in eastern Chula Vista. It will also be a valuable tool at special events such as Amphitheater events, "Harbor Days", the fourth of July fireworks show and others. In addition to these uses, the Command Post may be used for recruiting and smaller community events as needed, In the event of a natural disaster, such as an earthquake, the Mobile Command Post could operate as an emergency command center. The police department currently Ç/3 PAGE 4, Item MEETING DATE 11/16/99 houses the emergency command center. If the police facility was damaged and unsafe, the Mobile Command Post has the necessary phone and radio communications capabilities to run the emergency operations. FUNDING: On December 15, 1998, the City Council appropriated $75,000 in LLEBG grant funds and staff reprogrammed savings of $37,966.06 from 1997 SLESF funds for purchase of a command post. Based on the intent to use the Command Post as a mobile substation in eastern Chula Vista and surrounding growth areas, the remainder of funds are proposed to be allocated from the Development Impact Fees. The DIF share was determined by using the distribution formula agreed upon by the City, developers and the BIA for joint City/Developer projects. The formula, which is based on proportionate EDUS at buildout, allocates the following shares; City (51,5%) and (48,5%) DIF. The City's share is proposed to be paid by previously appropriated grant funds. FISCAL IMPACT: The cost of this Command Post is $219,352.06, including tax and delivery. The Command Post is proposed to be paid for from previously appropriated grant funds and an appropriation from the Public Facilities DIF of $106,386. There is no net impact to the general fund for purchase of the Command Post. The Fleet Manager has estimated the annual maintenance cost for this vehicle at $1,000 per year beginning FY 00-01, ATTACHMENTS: None, A:/MCPA113,DOC ~ç/y - RESOLUTION RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING BIDS FOR PURCHASE OF A MOBILE COMMAND POST AND AWARDING THE CONTRACT IN THE AMOUNT OF $219,352.06 TO LYNCH DIVERSIFIED VEHICLES AND APPROPRIATING $106,386 FROM THE PUBLIC FACILITIES DEVELOPMENT IMPACT FEE FUND WHEREAS, on December 15,1998, the City Council approved and appropriated grant funds for purchase of a police Command Post; and WHEREAS, a Request for Proposal (RFP), #100-99/00 was issued on July 6, 1999; and WHEREAS, five bids were received; and WHEREAS, the RFP was drafted to encourage a variety of proposals due to there being no standard for a Mobile Command Post vehicle; and WHEREAS, the proposals were evaluated based on their ability to meet the police service delivery needs; and WHEREAS, one of the key factors included the ability to use the Mobile Command Post regularly in eastern Chula Vista; and WHEREAS, the Mobile Command Post will also be used for major crime scene investigation; critical incident command and control, recruiting, special events, emergency command center back-up; and WHEREAS, two bidders meet the specifications as well as the specific needs of the department; and WHEREAS, out of the two responsive bidders, staff recommends award of the contract to Lynch Diversified Vehicles; and WHEREAS, Lynch Diversified Vehicles has been in the business since 1977; is committed to a delivery date of 150 days from award of the bid, and will perform maintenance and warranty work in San Diego; and s:~ WHEREAS, 48.5% of the cost will be paid by Developer Impact Fees and the City's share (51.5%) will be paid by grants; and NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Chula Vista does hereby award the contract for the purchase of a Mobile Command Post vehicle to Lynch Diversified Vehicles in the amount of $219,352,06, BE IT FURTHER RESOLVED that the amount of $106,386 is hereby appropriated from the Public Facilities Development Impact Fee Fund for the purchase of the vehicle. Presented by: Approved as to form by: Q~&42 / Richard P. Emerson John M, Kahe ~ Chief of Police City Attorney ~r? COUNCIL AGENDA STATEMENT ITEMA MEETING DATE 11/16/99 ITEM TITLE: RESOLUTION ACCEPTING $4,000 FROM THE DEPARTMENT OF ALCOHOLIC BEVERAGE CONTROL AND APPROPRIATING SUCH FUNDS FOR AN "Every Fifteen Minute Program" AT SCHOOLS SUBMITTED BY: Chief of Police ç,v- REVIEWED BY: City Manager P (4/5THS VOTE: YES XX NO_) Recently, the Police Department was notified of a grant award in the amount of $4,000 from the Department of Alcoholic Beverage Control for the purpose of conducting an "Every Fifteen Minute Program" at a local high school. The "Every Fifteen Minute Program" is a two day program involving high school juniors and seniors that challenges them to think about the consequences of drinking, personal safety, and the responsibility of making mature decisions concerning drinking and driving. This is a cooperative program involving schools, law enforcement and the community designed to prevent teen drinking and driving injuries and fatalities. RECOMMENDATION: That the City Council accept and appropriate $4,000 from the Department of Alcoholic Beverage Control for the purpose of conducting an "Every Fifteen Minute Program" at a local high school in Chula Vista. BOARDS/COMMISSION RECOMMENDATION: N/A DISCUSSION: Recently, the Police Department was notified of a grant award of $4,000 from the Department of Alcoholic Beverage and Control for the purpose of conducting an "Every Fifteen Minute Program" at a local Chula Vista high school. The "Every Fifteen Minute Program" is a program designed by the Department of Alcoholic Beverage and Control, which includes a procedural manual and training video as well as other program materials necessary to conduct a two-day program involving high school juniors and seniors. This is a cooperative program involving schools, law enforcement and the community &/j PAGE 2, ITEM - MEETING DATE 11/16/99 designed to prevent teen drinking and driving injuries and fatalities. The department will work with local high schools to select a site for the program. The $4,000 is to be used for eligible costs to be reimbursed by the Department of Alcoholic Beverage Control. Eligible costs include the following: . Promotional items bearing the standard "Every Fifteen Minutes" 'Heartbeat' logo, and or the Department of Beverage Control logo, along with the Office of Traffic Safety logo and in combination with the Police department logo. . Items including the above logos such as but not limited to key chains, dog tags, rulers, pencils, balloons, banners, coffee cups, posters, bumper stickers, tee shirts, sweat shirts, hats, and stationary exhibits. . Materials and supplies necessary to implement the "Every Fifteen Minute Program," including but not limited to, film, video tapes, stamps, paper, printing, reproduction, rental of sound/audio/video equipment and materials required to produce items such as videos, obituaries, headstones and other related items. The cost incurred must also meet the following criteria: . Be necessary and reasonable for proper implementation of the program. . Not result in a profit or other increment to the contracting agency. . Be incurred after the effective date of the project and on or before the project termination date. The term of this agreement is October 1S\ 1999 through June 30th, 2000. Additional costs may be allowable upon prior written approval for the Department of Alcoholic Beverage Control and the Office of Traffic Safety. This program will be conducted as part of our existing Alcoholic Beverage Control (ABC) Program. Currently, the department has one officer dedicated to ABC activities. Thus, acceptance of this grant will result in no additional costs related to personnel or equipment. FISCAL IMPACT: Acceptance of the $4,000 from the Department of Alcoholic Beverage Control will be used for one-time expenditures associated with the implementation of an "Every Fifteen ti' -- ;Z PAGE 3, ITEM - MEETING DATE 11/16/99 Minute Program" at a local Chula Vista high school. Selection of the high school and eligible reimbursement expenses will be the responsibility of the existing Alcoholic Beverage Control Officer. Payment of approved reimbursable costs will be done on a one-time basis on the conclusion of a two-day "Every Fifteen Minute Program." The term of the program is October 1st, 1999 through June 30th, 2000. Payment from ABC will be made within 60 days of the Department of Alcoholic Beverage Control approval of invoices submitted by this City. A\Every15MinProgA 113 6? RESOLUTION RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING $4,000 FROM THE DEPARTMENT OF ALCOHOLIC BEVERAGE CONTROL AND APPROPRIATING SUCH FUNDS FOR AN "EVERY FIFTEEN MINUTE PROGRAM" AT SCHOOLS WHEREAS, in September, 1999 the Police Department was notified of a grant award from the Department of Alcoholic Beverage Control (ABC) in the amount of$4,000; and WHEREAS, the grant award is for the purpose of conducting an "Every Fifteen Minute Program" at a local high school; and WHEREAS, the "Every Fifteen Minute Program" is a two-day program involving high school juniors and seniors which challenges them to think about the consequences of drinking, personal safety and the responsibility of making mature decisions concerning drinking and driving; and WHEREAS, this cooperative program involving schools, law enforcement" and the community designed to prevent teen drinking and driving injuries and fatalities; and WHEREAS, the term of the program is from October 1, 1999, through June 30, 2000; and WHEREAS, the $4,000 may be used for eligible reimbursable expenses such as promotional items and materials and supplies; and WHEREAS, the program will be conducted as part ofthe existing ABC Program which currently has one police officer dedicated to ABC activities; and WHEREAS, acceptance of the grant will result in no additional costs related to personnel or equipment. NOW, THEREFORE BE IT RESOLVED that the City Council of the City ofChula Vista does hereby accept and appropriate $4,000 for the purpose of conducting an "Every Fifteen Minute Program" at a local Chula Vista high school. Presented by: Approved as to form by: f{k~~? Richard p, Emerson Chief of Police City Attorney &~y COUNCIL AGENDA STATEMENT ITEM No. 7 MEETING DATE 11/16/99 ITEM TITLE: RESOLUTION APPROVING AN ACCESS EASEMENT AGREEMENT WITH ONE PARK APARTMENTS, L. P. LOCATED WITHIN THE TOWN CENTRE I REDEVELOPMENT PROJECT AREA SUBMITTED BY: COMMUNITY DEVELOPMENT DIRECTOR ~ ~c; , REVIEWED By: CITY MANAGER f ¡J 1" (4/STH. VOTE: VES- NoL) Œ" The One Park Apartments complex, built in the early 1980's, is part of the Town Centre I Focus Area located at the intersection of Third Avenue and F Street. The apartment complex is currently being sold and the prospective buyer discovered that there is no recorded easement for the driveway which provides access between Third Avenue and the apartment complex (see attached Locator Map), This public driveway is part of the downtown parking structure under the ownership of the City of Chula Vista, The seller and the buyer are requesting that an access easement be granted in order for the buyer to have official and perpetual access through this driveway, An easement agreement and the associated map and legal descriptions have been prepared and are being presented to Council for consideration, The Environmental Projects Manager reviewed the proposed project and determined that it is exempt from environmental review pursuant to Section 15305 Class 5 (b) (Minor alteration in Land Use Limitations) of CEQA. RECOMMENDATION It is recommended that Council adopt the resolution approving the Access Easement Agreement in the forms presented with this report, .OARDe/COMMI.SION. REOOMMENDATlON,.. Not Applicable Development of the Focus Area The One Park Apartments were built in the early 1980's as part of the redevelopment of the Focus Area which includes the properties in the block bounded by F Street, Third Avenue, Memorial Park and Garrett Avenue (see Locator Map), The developer, Mr, Richard Zogob, and the Redevelopment Agency prepared a plan to consolidate and redevelop the site with a commercial/residential project.. The One Park Apartments building, as well as the Parkwoods Condominiums located to the west on Center Street, were built to attract residents to the area to support the commercial project. The parking structure was built in order to provide parking for the commercial component and access to all the properties, The redevelopment of the Focus Area was implemented through a Disposition and Development Agreement between the Redevelopment Agency and Mr, Zogob, This Agreement contemplates the preparation of appropriate agreements that 7--/ PAGE 2, ITEM MEETING DATE 11 /16/99 would provide adequate access, ingress, and egress to all the properties that are part of the Focus Area, Subsequently, a Grant of Easement and Agreement was approved by the Developer and the City. This Agreement, which grants rights and responsibilities over the parking and common areas, included all the properties that were part of the Focus Area, except the One Park Apartments property. A search by City staff found no documents that would assign One Park Apartments the right to access, ingress, and egress over the parking structure driveway on Third Avenue, The buyer's search was also unsuccessful in finding recorded easements during the due diligence investigation. The buyer does not feel comfortable acquiring the property without the legal rights to use the City's property for access and is requesting that the City, as the owner of the parking structure, grant an access easement. Easement Description The attached Locator Map shows the Focus Area and each of the individual properties that comprise it. The parking structure has entrances on F Street and Third Avenue, The Third Avenue entrance is the site for the subject easement. The requested access easement is a 32 feet wide strip extending from Third Avenue through the parking structure driveway to the One Park Apartments property line (see Exhibit D of the Agreement), It should be noted that the driveway provides public access to the parking structure and One Park Apartments, However, the owners of One Park Apartments feel that their rights will be fully protected by having a recorded easement, It should also be noted that there are other easements over the subject driveway for the utility companies which serve the apartment complex and the parking structure, The proposed access easement will not interfere with these easements nor will it interfere with the continued public access to the parking structure, Easement Aareement The Agreement being presented to Council for approval includes the provisions for granting the access easement. It also contains provisions dealing with insurance and indemnities (as approved by the City Attorney's office) that protect the City from eventualities arising in the use of the easement by One Park Apartments, The Agreement includes several exhibits which provide the legal descriptions of the properties involved, as well as a map showing the easement area, Conclusion Staff concludes that an access easement can be granted without impacting City property. The apartment complex was built to attract residents and support the adjacent commercial development and should have adequate access from Third Avenue, Although the public status of the parking structure driveway currently provides adequate access to One Park Apartments, the easement will guarantee that access and will give the owner confidence that the access through that driveway will not be cut off. Staff also believes that granting the easement will not affect the City's property nor the public access to the parking structure, Attachment A - Locator Map (MZT) H:IHOMEICOMMDEVISTAFF.REPI11,16,9911PARKACCESS.RPT [11/10/1999 3:15 PM] '7 / ,;¿ RESOLUTION RESOLUTION OF THE CITY OF CHULA VISTA APPROVING AN ACCESS EASEMENT AGREEMENT WITH ONE PARK APARTMENTS, L P. LOCATED WITHIN THE TOWN CENTRE I REDEVELOPMENT PROJECT AREA WHEREAS, the City of Chula Vista is the owner of that certain real property located in Chula Vista, California described on Exhibit A, attached hereto and by this reference incorporated herein ("City" Property"); and, WHEREAS, One Park Apartments is the owner of that certain real property located in Chula vista, California described on Exhibit B, attached hereto and by this reference incorporated herein ("One Park Apartments Property"); and WHEREAS, One Park Apartments Property is served by a driveway ("Driveway") that runs over and across City Property described on Exhibit C and shown on Exhibit D of the Access Easement Agreement; and Whereas, the parties desire to enter into an agreement in order to provide ingress and egress rights over the Driveway for the One Park Apartments Property; and WHEREAS, the Environmental Projects Manager reviewed the proposed project and determined that it is exempt from environmental review pursuant to Section 15305 Class 5 (b) (Minor alteration in Land Use Limitations) of CEQA ; and, WHEREAS, the City of Chula Vista has been presented an Access Easement Agreement, said agreement being on file in the Office of the City Clerk and known as document CO 99- , granting an easement to One Park Apartments, LP. for access between Third Avenue and the One Park Apartments over the City of Chula Vista's Parking Structure Driveway as shown in Exhibit D of said agreement. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CHULA VISTA does hereby find, order, determine and resolve as follows: 1. The proposed easement is exempt from environmental review pursuant to Section 15305 Class 5 (b) (Minor alteration in Land Use Limitations) of CEQA 2. The proposed project is consistent with the Town Centre I Redevelopment Plan and shall implement the purpose thereof. 3. The City of Chula Vista hereby approves the Access Easement Agreement with One Park Apartments, LP. 4. The Mayor of the City of Chula Vista is hereby authorized to execute the subject Access Easement Agreement between the City of Chula Vista and One Park Apartments, LP. 5. The City Clerk is authorized and directed to record said Access Easement Agreement in the Office of the County Recorder of San Diego, California. PRESENTED BY APPROVED AS TO FORM BY (VhC ~Q~ Chris Salomone J hn M. Kaheny Director of Community Development O¡ty Attorney ~/ 7/3 ~ \LANDIS AVE. I II I I I F ST. ~ ,/I/. 7'.Z5'E. () 150 Nt f(I ::1' ~ I ~ ~Q @ .......... .30 ~ ~ 27 L"I - "..., ~. ~ ~ . . \I) .<::J 0 ~ I "I 7 ~ ....... ~ @ 760-106-92 I ...... ~ ~ w a::: 3.31 AC. a::: « (,:> ~?~ ¡¿.¿S It! /41,/9 ~ .... 5 '" Parkin; N.71',Z.3'27':£. @ .20.01 ~ I 8 @ Structur. 0.73 AC. C. 2.38 Ac. ~!;) AGE '" ' I CI <;) "t 'It I\) , LLI () I ::> :z ~ LLI I :::- 'I) ex: I 0 I " CI - " e:::: "t Þ- ~Uæ :J:: I- ~ ~ ~ ~ ~ ) ~lfo It) 0 ONE PARK / 1$2,25 I C') - ØI ApARTMENTS 350 ~~..so "' ~, PROPOSED EASEMENT AREA .~ ~ () .~ '" ~ 2C#(¡;.22 .!lIS ~ .N. 71.,ZZ '28-, ~ MEMORIAL PARK CHULA VISTA COMMUNITY DEVELOPMENT DEPARTMENT LOCATOR ~~RI~T:One Park Apartments, L.P. Request for an Access Easement for C) ~~~~: 350 Third Avenue One Park Apartments from Third Avenue through the Parking Structure Driveway. 7-1( SCALIN FILE NUMBER: NORTH one Î\, Recording requested by: The City of Chula Vista After recordation. return to: City Clerk City of Chula Vista P. 0, Box 1087 Chula Vista. Ca, 91910 This space for Recorder's use only A.P.N.: 568-270-29 and 568-270-25 Transfer Tax iQ..... [No Consideration] GRANT OF ACCESS EASEMENT AND AGREEMENT THIS GRANT OF ACCESS EASEMENT AND AGREEMENT ("Agreement") is made and entered into at Chula Vista, California, as of this 16th day of November 1999, by and between THE CITY OF CHULA VISTA, a body corporate and politic ("City") and One Park Apartments, loP., a California Limited Partnership ("One Park Apartments"), 3444 Camino del Rio North, Suite 202, San Diego, CA 92108. RECITALS A. The City is the owner of that certain real property located in Chula Vista, California described on Exhibit A, attached hereto and by this reference incorporated herein ("City Property"). B. One Park Apartments is the owner of that certain real property located in Chula Vista, California described on Exhibit B, attached hereto and by this reference incorporated herein (IIOne Park Apartments Property"). C. One Park Apartments Property is served by a driveway ("Driveway") that runs over and across the Agency Property described on Exhibit C and shown on Exhibit D. The parties desire to enter into this Agreement in order to provide ingress and egress rights over the Driveway for the One Park Apartments Property. D. This Agreement is made pursuant to California Civil Code Section 1468, it being the intention of the parties to this Agreement that the provisions hereof shall bind and benefit each party, the real property described in Exhibits A and .6, and the successors in interest of each of the parties and the properties. NOW, THEREFORE, for good and valuable consideration, the receipt and 7~~ 1 sufficiency of which the parties hereby acknowledge, the parties hereby agree as follows: 1 . Grant of Easement. The City hereby grants, conveys and dedicates to One Park Apartments a non exclusive easement and right of way for vehicular and pedestrian access to the One Park Apartments property upon, over and across that certain strip of real property in the City of Chula Vista, County of San Diego, State of California described on Exhibits C and D attached hereto and incorporated herein by this reference. This easement shall be referred to herein as the "Easement". 2. Character of Easement. The Easement granted herein is appurtenant to, and for the benefit of the One Park Apartment property and to each contiguous division thereof by parcel map, subdivision map, or otherwise. 3. Description of Easement. The Easement granted herein is for ingress and egress, all incidents related thereto and for purposes of satisfying each party's obligations under this Agreement. 4. Additional Obligations: Bindina on Successors and AssiQns. 4.1 Insurance. One Park Apartments agrees to procure and maintain in effect throughout the terms of this Agreement, at its sole cost and expense, a policy of comprehensive general liability insurance with respect to the portion of the Easement granted thereby written on a per occurrence basis in a coverage amount of not less than $1,000,000 combined single limit. The insurer issuing such insurance shall have a Best's rating of "A, Class V" or better and shall be an admitted carrier in California. Said insurance shall be primary insurance and shall name the City and its officers, employees, and agents as additional insureds. The City shall have the right to require One Park Apartments to demonstrate its compliance with its obligations under this Section by a certificate of insurance or other appropriate documentation. 4.2 Indemnity. One Park Apartments agrees to defend, indemnify, and hold harmless the City of Chula Vista and its officers, employees, and representatives, from all costs, demands, actions, liability or losses (collectively "Losses") incurred as the result of (a) injury or damage to persons or property in connection with its own performance under this Agreement, (b) the use of the portion of the Easement by its beneficiaries, officers, employees, tenants, subtenants or invitees. 4.3 Agreement Runs with the Land. The benefits and burdens of the Easement and the covenants contained in this Agreement touch and concern both the One Park Apartments Property and the City Property and shall be for the benefit of, be binding upon, and run with, the ownership of each such property unless otherwise mutually agreed in writing by the then current owners of each such property in a recorded instrument. Each owner of each such property shall be bound by the covenants contained in this Agreement during the period that such owner fee title to 2 7-1' all or part of any such property as to obligations arising during such owner's period of ownership, but not as to obligations arising after such owner's entire fee title to such property is conveyed to a bonafide transferee for value. 5. Breach. Should a party bound by this agreement fail to keep, observe, and perform any covenant or condition on its party herein contained, the other party may give the breaching party fifteen (15) days prior written notice to cure such breach. If the breaching party does not cure such breach within said period, the non- breaching party may cause said breach to be cured and all costs and expenses incurred by such party to cure such breach shall be paid by the breaching party upon written demand. Such fifteen-day notice will be extended to the extent that a breach cannot reasonably be cured within such fifteen-day period so long as the breaching party diligently proceeds to correct such breach as soon as possible thereafter. 6. Entire Aqreement. This instrument, the exhibits attached hereto, and the instruments referred to herein, contain the entire agreement between the parties relating to the rights granted herein. 7. Binding Effect. This instrument shall bind and inure to the benefit of the parties hereto, the respective heirs, personal representatives, and successors and assigns of the parties hereto, and all subsequent owners in fee simple of all or part of the City Property and the One Park Apartments Property. 8. Termination. This Easement(s) shall be effective in perpetuity; provided, however, in the event a party shall discontinue the use of an Easement(s) granted for its benefit hereby and or a party abandons the same, all rights hereby given shall forthwith cease and terminate. 9. Subiect to restrictions of Record. The grant of the Easement and all other rights under this agreement are subject to all encumbrances, liens, covenants, conditions, restrictions, reservations and easements of record at the time this Agreement takes effect, 10. Severability. If any term, covenant, condition or provision of this Agreement, or the application thereof to any person or circumstance, shall to any extent be held by a court of competent jurisdiction or rendered by the adoption of a statute of the State of California or the United States invalid, void or unenforceable, the remainder of the terms, covenants, conditions or provisions of this Agreement, or the application thereof to any person or circumstance, shall remain in full force and effect and shall in no way be affected, impaired or invalidated thereby. 11 . Waiver of Covenants. Conditions or Remedies. The waiver by a fee owner of all or part of a property benefited by this Agreement of the performance of any covenant, condition or promise under this Agreement shall not invalidate this Agreement, nor shall it be considered a waiver by such benefited owner of any other 3 7-7 covenant, condition or promise under this Agreement. The waiver by any benefited owner of the time for performing any act under this Agreement shall not constitute a waiver of the time for performing any other act or an identical act required to be performed at a later time. The exercise of any remedy provided in this Agreement shall not be a waiver of any consistent remedy provided by law, and the provision in this Agreement for any remedy shall not exclude other consistent remedies unless they are expressly excluded. 12. Relationship of Parties. The parties agree that nothing contained herein shall constitute either party or any owner of all or part of a property subject to this Agreement as the agent or legal representative of the other party or any other owner for any purpose whatsoever, nor shall this Agreement be deemed to create any form of business organization between the parties or owners hereto, nor is nay party or owner granted any right or authority to assume or create any obligation or responsibility on behalf of any other party or owner, nor shall any party or owner be in any way liable for any debt of any other party or owner. 13. No Third Party Benefit. This Agreement is intended to benefit only the parties and owners of fee title to all or part of a property subject to this Agreement as provided herein, and is not intended to benefit any other person or entity, including, but not limited to any person or entity who may be permitted to use any easement hereunder. 14. Further Acts. Each party agrees, and each other owner shall be bound, to perform any further acts and to execute, acknowledge and deliver any documents which may be reasonably necessary to carry out any provision of this Agreement. 15. Protection of Mortqagees. A breach of any of the restrictions, conditions, covenants, obligations or reservations herein contained shall not defeat or render invalid the lien of any deed of trust, mortgage or similar security instrument made in good faith and for value encumbering all or part of either property, but such restrictions, conditions, covenants, obligations and reservations shall be binding upon and effective against any owner of all or part of the City Property or the One Park Apartments Property, whose title IS acquired by foreclosure, trustee's sale or otherwise from and after the time such owner acquires such title. All claims for reimbursement of costs or expenses made under this Agreement shall be at all times subject and subordinate to the lien of any security instrument described in the preceding sentence. 16. Notice. All notices and demands which either party is required or desires to give to the other shall be given in writing by certified mail or by personal delivery to the address set forth below for the respective Party, provided that if any owner gives notice of a change of name or address, notices to that owner shall thereafter be given as demanded in that notice. All notices and demands so given shall be effective upon a signature by a person on a certified mail receipt at any 4 7/~ address specified herein, or personal receipt by an authorized agent of the party to whom notice or a demand is being given. To the City: City of Chula Vista 276 Fourth Avenue Chula Vista, CA 91910 Attn: City Manager Copy to: City Attorney One Park Apartments, loP. c/o R& V Management Corp. Attn: Gerry A. Ranglas or A. Vassiliadas 3444 Camino Del Rio, N #202 San Diego, CA 92108 17. Counterparts. This Agreement may be signed in counterparts, and when signed by all signatories shall constitute one instrument as if all signatories had signed the same instrument. [Next page is Signature Page] 5 7-; 11/10/1999 17:25 519-285-5509 R AND V MGMT PAGE 02 ...u. "_""""".~--,..:..............._.,...__.__._..._--,,_.,.......""""'-'-""'-"',..." "...-.... """,~,-",-",-,----"","',,""'" ,¡,,¡, I J. III "" "£~ ~'.II~ c~ v~ø ./v u~~v ~_........ .. ....:.... ~~-, -- -- SIGNA TUftE PAGE TO ACCESS EASEMENT AGREEMENT IN WITNESS WHEREOF, the parties hereto have caused this Acesss Easement Agreement to be executed 88 of the day and yea' firSt herein written. One Park Apartments. loP. . By: D.P. Genpar, liC, General Partner By: G.A. Ranglas, Manager Me er By, á:~~L-.~ A, as&~adis. Managìng Me",ber The City of Chula Vista By: Shirley Horton, Mayor ATTEST ". Susan Bigelow, City Clerk APPROVED AS TO FORM BY I John M. K"'eny City Attomey . H;\HOME\COII/IMDEV\T.f'lA\OPASlACCESS 1 PAR( AGAU 11/11)1994:52 PM . ~ ?-/?? Exhibits to Access Easement Agreement Redevelopment Agency and One Park Apartments, loP. Exhibit A: Legal Description - City Property Exhibit B: Legal Description - One Park Apartments Exhibit C: Legal Description - Private Road Easement Exhibit D: Private Road Easement Plat 7 / --II Nov-10-99 03:37P JPE 1-619-569-0830 P.02 EXHffiIT 'A' LEGAL DESCRIPTION - CITY OF CHULA VISTA PROPERTY LOT 7 OF CHULA VISTA TRACT NO. 81-1 TOWN CENTRE-TOWNSHIP TRACT NO.1 IN THE CITY OF SAN DIEGO IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 10505, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, OCTOBER 22,1982. EXCEPTING THEREFROM THAT PORTION OF SAID LOT 7 DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF LOT 1 OF SAID TRACT; THENCE SOUTH 18°30'03" EAST, ALONG THE WESTERLY LINE OF SAID LOT, 150.00 FEET TO THE SOUTHWEST CORNER THEREOF; THENCE SOUTH 71 °25'00" WEST 0.50 FEET; THENCE NORTH 18°30'03" WEST 150.00 FEET TO THE NORTHERLY LINE OF SAID LOT 7; THENCE NORTH 71 °25'00" EAST, ALONG SAID NORTHERLY LINE, 0.50 FEET TO THE POINT OF BEGINNING, WlllolA:s'-174-99\PVf RD ¡;SMTWpd '7~/;l Nov-04-99 12:49P JPE 1-619-569-0830 Po07 EXHIBIT 'B' LEGAL DESCRIPTION -ONE PARK APARTMENTS LOT 8 OF CHULA VISTA TRACT NO, 81-1 TOWNE CENTRE TOWNSITE TRACT NO. 2, IN THE CITY OF CHULA VISTA, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO.1 0505, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, OCTOBER 22, 1982. Wlnol..\574,99IPVT RD ESMT ..-pd 7-/J Nov-04-99 12:49P JPE 1-619-569-0B30 P.OB EXHIBIT 'C' LEGAL DESCRIPTION - PRIVATE ROAD EASEMENT AN EASEMENT FOR INGRESS AND EGRESS PURPOSES OVER, UNDER, ALONG AND ACROSS THE NORTHWESTERL Y 32,00 FEET OF THE SOUTHEASTERL Y 54.00 FEET OF THA T PORTION OF LOT 7, LYING EASTERLY OF LOT 8 OF CHULA VISTA TRACT NO, 81-2, ACCORDING TO MAP THEREOF NO.1 0505, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, OCTOBER 22, 1982. THE ABOVE MENTIONED PERPETUAL PRIVATE ROAD EASEMENT OVER SAID LOT 7 IS FOR THE BENEFIT OF ALL SUBSEQUENT OWNERS OF SAID LOT 8 AND SHALL BE GRANTED TO SUBSEQUENT OWNERS UPON TRANSFER OF TITLE. ~ /éJ ~ 2 S- -<f1 JORGE H, PALACIOS, RC.E. 32031 W:\oole!IS74,99IPVT RD ESMTwpd 7-- /Ý Nov-04-99 12:50P JPE 1-619-569-0830 P-09 EXHIBIT 'D' lIT n ~U 0 22.00' ~ 32.00' ~ LOT 7 CHUI,j\ V J S -r A -r r) /\ r' -r NO" B-J~-J r¡ ¡- '-' TOWN r'" NT I)" ~ -r 0 W N S j T E T 1=1),\ C T NOJ 2 ~ u~ ,ne MAP NOJ -J 0505 ~ ~ LOT r> LOT 5 0 ~ ~~ ~ -- SCALf: 1" = 50' (;XI TH/RD A VENUE 0 0 0- n__ ~,.. "- - "-- Cl PRIVA TE ROAD EASEMEN T PLA T DRAWN: DO JP ENGINEERING, lNG, A.P.N.: 568- 270- 29 APPR'O: JP 4849 RONSON COURT, SUI TE 105 SCALE: 1" = 50' SAN DIEGO, CA 92111 DATE: 10/25/99 (858) 569- 7377 FAX (858) 569-0830 JOB NO.: 574-99 '7~/ COUNCIL AGENDA STATEMENT ~ ITEM No. MEETING DATE 011/16/99 ITEM TITLE: RESOLUTION APPROVING MASTER LICENSE AGREEMENT WITH COX PCS, INC. AND AT&T WIRELESS PCS, INC. FOR THE INSTALLATION AND OPERATION OF UP TO 50 PCS OR SUBSTANTIALLY SIMILAR FACILITIES ON CITY.OWNED PROPERTY, SUBJECT TO ALL NECESSARY APPROVALS, FOR A PERIOD OF 5 YEARS WITH AN OPTION TO RENEW FOR UP TO THREE ADDITIONAL 5 YEAR TERMS SUBMITTED BY: COMMUNITY DEVELOPMENT DIRECTOR L.~ ~ <;s REVIEWED By: CITY MANAGER ß~L)t1 (4/STHS VOTE: VES- No...1l..) BACKGROUND The City Council approved Resolution 18601 on March 18, 1997 conceptually approving the marketing of City properties for use by telecommunications companies. Since this time, staff has been working with a number of companies to explore the possibilities of locating on City owned property. Cox PCS, Inc, and AT&T are a mobile phone service providers that are expanding their coverage in the Southbay region and are interested in locating facilities on several City-owned properties. Staff is recommending that the City enter into a Master License Agreement with Cox PCS, Inc. and with AT&T, These Agreements will allow Cox PCS and AT&T to install and operate up to 50 PCS facilities each in the City of Chula Vista for a period of 5 years with an option to renew up to three additional 5 year terms (see Attachment 1). RECOMMENDATION Approve the Master License Agreements with Cox PCS, Inc, and AT&T for the installation and operation of up to 50 PCS or substantially similar facilities on City owned property for a period of five years with an option to renew for up to three additional 5 year terms. BOARDS/COMMISSIONS' RECOMMENDATION ".' Not applicable, DISOUSSION 1. MASTER LICENSE AGREEMENT: The Master License Agreement allows Cox PCS and AT&T to install up to 50 PCS facilities each on City owned property and to operate within the scope of this Agreement for a period of 5 years. The Agreement allows for up to three additional five year terms each, with the written request of Cox PCS and AT&T and the subsequent written approval of the City Manager. Prior to the renewal of each five year term, the annual license fee is subject to renegotiation to ensure that the City is receiving market value for its facilities, The City is able to terminate this License upon 12 months notice, at any time after the initial five year term. Cox PCS and AT&T will be paying an annual license fee of $16,800 ($1400 per month) for the use of City property for the operation of each facility that includes up to 7 equipment cabinets and 12 antennas, In some instances, Cox PCS or 0-/ PAGE 2, ITEM MEETING DATE 11 /16/99 AT&T will only have a requirement for antennas or cabinets alone, The annual license fee for facilities that only include up to 7 cabinets is $7,200 ($600 per month); and the license fee for facilities that only include up to 12 antennas is $9,600 ($800 per month). Cox PCS and AT&T are required to comply with all applicable laws and obtain all applicable permits from the City, All of Cox PCS and AT&T construction, installation, maintenance and removal of the PCS facilities will be at their sole responsibility and cost. If any damage is caused by either vendor to the public right of way or City property, they are required to promptly repair it at their sole cost. The Agreement provides for a number of risk mitigation measures for the City including: indemnity; insurance requirements; limitation on remedies available to Cox PCS and AT&T in the event of a City breach; and reservation of the City's emergency and police powers. Presently, the City does not collect a Utility Users Tax from mobile phone service providers. In the event that the City determines that these services are subject to the Utility Tax, the Agreement provides for Cox PCS and AT&T to collect the tax from the service users and remit the tax to the City. 2. IMPACTS ON CITY PROPERTY: The installation will vary depending on the site and Cox PCS and AT&T needs. As mentioned all installations will be required to receive all applicable permits. The two primary types of installations are building mounted and ground mounted. Building mounted installations generally involve mounting antennas on the façade or on the roof of the building, in addition to accommodating equipment cabinets on the ground or on the roof, Ground mounted applications involve construction of a "monopole" or more stealth applications where the monopole is disguised within palm trees or flag poles, In this case the cabinets are generally mounted on a concrete slab adjacent to the antenna structure, Both applications will require limited trenching and cabling. The installations will require maintenance and administration on a limited basis. All proposed facilities will be required to secure all necessary land use, building and engineering permits. 3. FINANCIAL BENEFITS: Cox PCS and AT&T will each be paying an annual license fee, Cox PCS' annual license fee for a typical application including both antennas and cabinets is $16,800, In addition, the City will receive from Cox PCS, ten phones free of charge, and an unlimited number of discount phone service subscriptions, AT&T is unable to provide phones and reduced service, in lieu of this AT&T has an increased annual license fee of $19,800. The Master License Agreement authorizes up to 50 PCS facilities, for each vendor. The annual fee increases by 3% a year, and will be renegotiated prior to the renewal of each five-year term to ensure the City is receiving market rate rent. Each Master License Agreement authorizes up to 50 PCS facilities at a yearly rate of $16,800 for Cox PCS and $19,800 for AT&T. In addition, Cox PCS will be providing phones and a reduced service plan, There will be some staff time associated with monitoring and ensuring compliance with the Agreement. DA\H:HOME\COMMDEV\STAFFREP\11,16,99\COX PCS [)~2 RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VIST A APPROVING A MASTER LICENSE AGREEMENT WITH COX PCS, INC, AND AT&T WIRELESS PCS, INC, FOR THE INST ALLA TION AND OPERATION OF UP TO 50 PCS OR SUBST ANTI ALL Y SIMILAR FACILITIES ON CITY OWNED PROPERTY, SUBJECT TO ALL NECESSARY APPROVALS, FOR A PERIOD OF 5 YEARS WITH AN OPTION TO RENEW FOR UP TO THREE ADDITIONAL 5 YEAR TERMS, WHEREAS, the City Council approved Resolution 18601 on March 18,1997 conceptually approving the marketing of City property for use by telecommunications companies; and WHEREAS, Cox PCS, Inc, and AT&T Wireless PCS, Inc, are wireless communications providers and have requested to install and operate PCS facilities or comparable facilities on City owned property; and WHEREAS, Cox PCS, Inc, and AT&T Wireless PCS, Inc. will be paying an annual license fee for the use of the City's property; and WHEREAS, these License Agreements will provide financial benefits to the City with minimal impact on City facilities. NOW, THEREFORE, BE IT RESOLVED the City Council of the City of Chula Vista does hereby approve and authorize the Mayor to execute Master License Agreements with Cox PCS, Inc. and AT&T Wireless PCS, Inc. for the installation and operation of up to 50 PCS or substantially similar facilities on City owned property, on the terms and in the forms presented, with such minor modifications as may be approved or required by the City Attorney, copies of which shall be kept on file with the City Clerk as Document Nos, Presented by Approved as to form by r~ ~j Chris Salomone Director of Community Development [(dda) H:\HOME\COMMDEV\RESOS\cox pcs(November 1°, 1999 (5: 17PM)] g~3 Page 1 MASTER COMMUNICATIONS SITE LICENSE AGREEMENT THIS MASTER COMMUNICATIONS SITE LICENSE AGREEMENT ("License") dated as of , 1999 ("Effective Date"), is entered into between AT&T WIRELESS PCS INc., a Delaware corporation, by AT&T WIRELESS SERVICES, INc., a Delaware corporation, its Agent ("A TTWS") and the CITY OF CHULA VISTA, A MUNICIPAL CORPORATION ("City") with reference to the following facts, A. A TTWS wishes to attach, install, operate, and maintair 1ft:¿ unications service system facilities ("PCS") or substantially simi QRIGINAL under the ownership and/or control of the City for purposes of pi B. City is willing to allow A TTWS to attach, install, opera ~nt subject to the terms and conditions set forth herein. Now, therefore, for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties agree to the following covenants, terms, and conditions: I. Definitions: A. Licensed Premises or Premises: The City owns and/or controls through easement rights certain real property, and certain light standards and poles. Once such property is described in a Schedule (as defined below), approved by the City and attached hereto, such property shall constitute and be described and collectively referred to as the "Licensed Premises" or "Premises." This term includes any property the City owns on which ATTWS installs utility and transmission lines with City's approval pursuant to Section II. D, 1. or II. F, below. B, Schedule: Attached hereto and incorporated herein by reference shall be various Schedules of Licensed Premises. Each Schedule shall be substantially in the form attached hereto as Attachment I and shall include the description of one or more Licensed Premises and the specific A TTWS Improvements and configuration of same which shall be allowed on each Licensed Premises, Both parties agree that Schedules may be added or deleted by administrative action by City from time to time subject to and in accordance with the provisions of this License, including but not limited to Section V,B. regarding Governmental Approvals. C. Pre-existing Communications: "Pre-existing Communications" shall be defined as those communications configurations, equipment and frequencies which exist on City's property or are in use by the City within or around City limits on the Commencement Date of this License or of an applicable Schedule, D, A TTWS Improvements or A TTWS's Improvements: A TTWS Improvements shall be defined to be those PCS or substantially similar wireless telephone communication facilities, including but not limited to radio frequency transmitting and receiving equipment, antennas, cables, conduits, wires, batteries, utility lines, transmission lines, radio frequency transmitting and receiving antennas and supporting structures and improvements, which are approved by the City and which are located or proposed to be located per this License, on Licensed Premises. A TTWS Improvements shall exclude light standards or poles located in City rights-of-way, whether or not said light standards or poles are installed by City or A TTWS, which shall be owned by City, A-1 Chula Vista Final Form Nov.1, 1999 Page 2 E, Commencement Date: Upon execution hereof by all parties hereto the Commencement Date of this License shall be the effective date. The Commencement Date of individual Schedules hereunder shall be as specified in each Schedule, II. PREMISES AND LICENSED USES A. Grant of License, Subject to the following terms and conditions, City hereby licenses to A TTWS the Premises as depicted in the Schedules attached hereto and incorporated herein. Each Schedule executed hereunder shall be substantially in the form of Attachment 1, B, Use. The Premises may be used by A TTWS for the provisions of mobile/wireless communications services, including without limitation, the transmission and reception of radio communication signals on various frequencies and the construction, maintenance and operation of related non-franchised wireless telephone communications facilities and related antennas, cables, conduits, wires and electronic and other equipment, City agrees, at no expense to City, to cooperate with A TTWS in making application for and obtaining all licenses, permits and any and all other necessary approvals that may be required for A TTWS's intended use of Premises under each Schedule. C. Pre-Construction; Testing, 1. A TTWS shall have the right (but not the obligation) at any time following the full execution of this License and prior to the Commencement Date under each Schedule to enter the Premises for the purpose of making necessary inspections, engineering surveys (and soil tests where applicable) and other reasonably necessary tests (collectively "Tests") to determine the suitability of the Premises for A TTWS's Improvements (as defined herein) and for the purpose of preparing for the construction of A TTWS's Improvements at no expense to City. During any Tests or pre- construction work, A TTWS shall have the insurance coverage set forth in Section IV,D., Insurance. A TTWS will notify City of any proposed Tests or pre-construction work and will coordinate the scheduling of same with City. A TTWS, at A TTWS's sole cost and expense, will restore the Premises to the same condition as existed prior to any such Tests or pre-construction work by A TTWS, 2, A TTWS agrees to notify immediately the Director of Public Works of the City of any changes in A TTWS' s frequencies to be used at the Prem ises, D, A TTWS Improvements, 1. A TTWS has the right to construct, maintain and operate A TTWS Improvements on the Licensed Premises. In connection therewith, A TTWS has the right upon obtaining City's written approval following a review of A TTWS's plans which approval shall not be unreasonably withheld and shall be deemed given by the City initialing a copy of A TTWS' s construction plans and upon issuance of any required permits, to do all work necessary to prepare, add, maintain and alter the Licensed Premises for A TTWS's communications operations and to install utility lines and transmission lines connecting antennas to transmitters and receivers, conditioned upon plan review and approval of City, which approval shall not be unreasonably withheld or delayed, All of A TTWS's construction and installation work shall be performed at A TTWS's sole cost and expense and in a good and workmanlike manner. Subject to Section II, J. 1&2, Below, title to ATTWS's Improvements shall be held solely by A TTWS or Cox LP., and all of A TTWS's Improvements shall remain the personal property of A TTWS or Cox LP. and shall not be treated as real property or Chula Vista Final Form Nov.1, 1999 A-2 Page 3 become a part of any Premises even though affixed thereto. All street light standards or poles on property owned or controlled by the City, whether installed pursuant to this License by City or A TTWS, shall be owned by the City, 2, Maintenance of the A TTWS Improvements shall be the sole responsibility of A TTWS during the entire tenn of this License and A TTWS agrees to keep all A TTWS Improvements in good condition and repair. 3, In the case of installations on street light standards or mast anns, A TTWS shall comply with all applicable City regulations on the installation of street lights, If the installation is to be done via replacement of an existing standard and/or mast arm, said replacement shall meet the same regulations as were applied to the existing standard and/or mast ann, Said regulations shall include, but not be limited to, the fonn, size, strength and construction materials specified for City street lights. Consistent with the City's lawful exercise of police powers, such regulations may be amended at the City's sole and absolute discretion including, but not limited to, allowing for additional space for internal wiring of City and/or A TTWS or, altered foundation requirements to accommodate joint City and A TTWS uses, or other technical reasons; provided that (i) City shall pay costs to modify street light standards or mast arms which it owns in accordance with such amended regulations and (ii) A TTWS shall pay all costs to modify A TTWS' Improvements as required by such amended regulations, In making any such amendments, City shall use reasonable efforts to accommodate and not materially adversely impact the functioning of existing facilities, In the event the amended regulations make an existing facility unusable by A TTWS, then City shall use reasonable efforts to provide a suitable alternate location, 4. Installation of improvements in or near the public right of way shall meet the requirements of the Americans with Disabilities Act with regard to minimum clearance and public use of sidewalk areas. 5. If any Portland Concrete Cement (PCe) sidewalk is disturbed in the course of installation, A TTWS shall replace said sidewalk from cold joint to cold joint from each direction from the disturbed area, 6. If any existing landscaping, irrigation systems, utilities or other City facilities are disturbed in the course of installation, A TTWS shall replace and restore said property to its pre-installation condition, E, Access, 1. A TTWS, A TTWS's employees, agents, contractors and subcontractors shall have access to the Premises twenty-four (24) hours per day, seven (7) days per week, at no charge to A TTWS, subject to the conditions set forth in each Schedule, City hereby licenses to A TTWS all rights of ingress and egress held by City to the extent required to construct, maintain, install and operate A TTWS's Improvements on the Premises, A TTWS's exercise of such rights shall not cause undue inconvenience to City, 2, In connection with installations on light standards, mast anns or poles, A TTWS shall provide at least seven (7) days notice to City of installation date and time, A TTWS shall pay any and all costs associated with City shut off and reconnect of power to Premises, installation oversight and/or inspections if City reasonably deems necessary, Chula Vista Final Form Nov.1, 1999 A-3 Page 4 3. In connection with A TTWS's maintenance of A TTWS Improvements on street light standards, mast arms or poles, A TTWS shall provide at least twenty four (24) hours notice to City and pay City any and all costs associated with City shut off and reconnect of power to Premises, maintenance oversight and/or inspections if City deems reasonably necessary, In case of need for emergency maintenance of A TTWS Improvements, A TTWS need not give prior notice to City but shall notify City of such work as promptly as reasonably possible after the work is commenced, 4, In connection with City maintenance to street lights which share a standard or mast arm with such installations, City shall use its best efforts to provide A TTWS at least twenty four (24) hours notice of said maintenance, If City desires to have a technician of A TTWS's on site during said maintenance, A TTWS shall provide said technician upon at least twenty four (24) hours notice, In case of need for emergency maintenance of City's street lights which share a standard or mast arm with such installations, City need not give prior notice to A TTWS but shall notify A TTWS of such work as promptly as reasonably possible after the work is commenced. F, Utilities, A TTWS shall have the right to install utilities which are necessary for the operation of A TTWS Improvements, at A TTWS's expense, and to improve the present utilities on or near the Premises (including, but not limited to the installation of emergency back-up power), subject to the prior approval of City, which approval shall not be unreasonably withheld or delayed and shall be deemed given by the City initialing a copy of A TTWS's construction plans and upon issuance of any required permits and the prior approval of all utility companies or agencies with jurisdiction, Subject to City's approval of the location, which approval shall not be unreasonably withheld or delayed, A TTWS shall have the right to place utilities on (or to bring utilities across) City's property necessary to service the Premises and A TTWS's Improvements. Such right to install utilities shall be subject to the conditions set forth in the relevant Schedule, A TTWS shall fully and promptly pay for all utilities furnished to the Premises for the use, operation and maintenance of A TTWS's Improvements, Upon the termination of this License or applicable Schedules, unless otherwise agreed to in writing between the two parties, said utilities shall be deactivated or removed, Payment of all costs for said utilities' deactivation or removal, including any costs which would survive the term of said License or Schedule, shall be the exclusive obligation of A TTWS, G, Location of A TTWS Improvements, The location of A TTWS Improvements on Licensed Premises shall be subject to City's prior approval, which shall not be unreasonably withheld or delayed and shall be deemed given by the City initialing a copy of A TTWS's construction plans and upon issuance of any required permits, Absent such approval, A TTWS shall have recourse to an appeal to the City Manager, It is understood and agreed that antennas shall be located at the optimum location on the Licensed Premises to provide sufficient radio frequency coverage, but shall in no way interfere with existing antennas on or structural loading of any buildings, poles or other facilities existing on said Premises on the date the Schedule for said Premises is executed, H. Interference with Communications. 1. A TTWS's Improvements at any given Premises shall not interfere with Pre-existing Communications (determined with respect to such Premises at the date the Schedule for such Premises is executed), A TTWS's Improvements shall also comply with all noninterference rules of the Federal Communications Commission ("FCC"), 2, Any radio equipment installed by A TTWS on the Premises shall be frequency compatible with all radio transmitting and receiving equipment existing and in use on the Premises at the time initial installation of such equipment is made, In the event A TTWS's installation electronically or physically interferes with City's installation already existing on the Premises, A TTWS shall take all Chula Vista Final Form Nov.1, 1999 A-4 Page 5 necessary steps, at its own cost and expense, to eliminate such interference, whether so required by the FCC or not. City shall endeavor to include this language in any subsequent agreement with another provider. 3, Except to the extent necessary to install, operate or maintain public improvements, or in the event of an emergency, the City shall not knowingly interfere with the location, configuration, frequency of operation of A TTWS' s Improvements, nor shall the City knowingly permit any use by a third party of facilities owned or controlled by the City which use interferes with the location, configuration, frequency or operation of A TTWS's Improvements, except in the case of Pre-Existing Communications that do not measurably change from their power level, frequency or location. 4, In the event of an emergency, City shall have the right to take such action as it determines is necessary under the circumstances to address the emergency, even though such actions may cause interference with A TTWS Improvements or the operation thereof. If City must take action which causes or may cause interference, City shall endeavor to (a) give A TTWS oral notice of such action as quickly as practicable and (b) to the extent practicable under the circumstances, upon notice by A TTWS of the existence of interference, minimize the duration and extent of such interference, 5. City shall have the responsibility to cooperate with A TTWS to identify and remedy to the extent reasonably necessary, any interference with the communications operations of A TTWS described in Section 3&4, above, 6, In the event any equipment installation by City made subsequent to A TTWS's installation causes interference with the location, configuration, frequency or operation of A TTWS's Improvements, City shall exercise reasonable best efforts to eliminate such interference after learning of such interference, whether so required by the FCC or not. 7, For purposes of this Section H, the existence of electronic and physical interference shall be reasonably determined by ATTWS, Notwithstanding the foregoing, Pre-existing Communications operating on the Commencement Date that do not measurably change from the power level, frequency or location on the Commencement Date shall not be deemed interference at any time, I. Liens, A TTWS shall keep the Premises free and clear of any and all liens or claims of liens and charges on account of labor and materials used in or contributing to any work performed by or related to A TTWS, failing which City shall have the right, but shall not be obligated, to discharge any or all such liens or claims and A TTWS shall, upon demand therefor, reimburse City for all costs and expenses incurred by City, j, Removal of A TTWS Improvements I. Upon expiration, cancellation or termination of this License or any Schedule hereunder, A TTWS shall be responsible for: (a) removing from the Premises subject to such expiration, cancellation, or termination, at its sole cost, all A TTWS Improvements except those which the parties agree shall not be removed or shall be transferred to City, (b) repairing at its sole cost, all damage caused by such removal, and (c) surrendering the Premises to City in the Premises' original condition, ordinary wear and tear and damages caused by factors beyond A TTWS' control excepted, Said return of Premises in their original condition shall include remediation of any hazardous or toxic material discharge at the Licensed Premises caused by A TTWS and shall be to the reasonable satisfaction of the City. Chula Vista Final Form Nov.1, 1999 A-5 Page 6 2, Within 45 days after the date this License or an applicable Schedule expires or otherwise terminates, A TTWS at its expense shall remove from the affected Premises all A TTWS Improvements required to be removed; provided that if ten or more Schedules expire or terminate contemporaneously, then A TTWS shall have a reasonable amount of additional time to remove the affected A TTWS Improvements so long as A TTWS is diligently proceeding with removal. Any A TTWS Improvements remaining on affected Premises beyond the time period available for removal as set forth above shall, at the sale discretion of the City, either (a) in whole or in part become City property or (b) in whole or in part be removed and disposed of by City, with the reasonable costs of said removal and disposal, including reasonable administrative overhead, except the costs of removing and disposing of improvements not required to be removed, to be reimbursed to City by A TTWS within ten days after A TTWS receives a request for reimbursement together with reasonable evidence of the cost. 3, If the Premises consist of a light standard, mast arm or pole and the same is damaged, knocked down or destroyed from any cause, the following provisions shall apply: a, If the damage or destruction, renders A TTWS's or Cox LP, unable to conduct normal operations and a temporary site is not available per subsection b. below, the fee for such Premises shall abate in full from the date such damage or destruction occurs until A TTWS or Cox LP, is able to commence normal operations; provided that A TTWS shall have no right to abatement if the damage or destruction is caused by A TTWS's negligence or willful misconduct. b. Non-replacement in case of damage. If A TTWS is rendered unable to conduct normal operations due to damage or destruction, City shall use reasonable efforts to identify and make available to A TTWS, within ten days following the damage or destruction, a temporary site owned or controlled by City which in A TTWS' s judgment is equally suitable for A TTWS' s intended uses, A TTWS may construct and operate substitute A TTWS' s Improvements thereon until the Premises are fully repaired and available to A TTWS, A TTWS shall be responsible for any removal or replacement of wiring, foundation or other associated facilities that may be required to accommodate the replacement facilities. Ifthis option is chosen by A TTWS, A TTWS shall not be obligated to replace or pay to replace the damaged light standard, mast arm or pole, c, Immediately following the damage or destruction, City shall commence and thereafter continue diligent efforts to repair or replace the light standard, mast arm or pole; provided that City shall have no obligation to repair or replace the light standard, mast arm or pole if (i) the City, within 10 days following the damage or destruction, affirmatively determines, in good faith, and delivers to A TTWS written notice of its determination, that the light standard, mast arm or pole is no longer required or desirable to serve the public health, safety and welfare and that accordingly the City has no existing or foreseeable intention of replacing or repairing the light standard, mast arm or pole, or (ii) the damage or destruction occurs during the last 12 months of the Term or any Renewal Term, and City del ivers to A TTWS written notice of its decision not to repair or replace within 10 days following the damage or destruction and A TTWS does not, within 10 days after receiving such notice, exercise any option to extend or renew which may then be available regarding the subject Premises. d, If the City does not immediately commence to repair and replace, then A TTWS shall have the right, but not the obligation, to repair or replace the pole or light standard to the Chula Vista Final Form Nov.1, 1999 A-6 Page 7 conditions existing immediately prior to the damage or destruction (or to any better condition consistent with the City's then-existing standards and regulations for design and construction of similar facilities); provided that A TTWS shall have no obligation to restore any City operations served by the light standard, mast arm or pole unless the damage or destruction is caused by A TTWS' s negligence or willful misconduct. A TTWS shall perform such work using only the contractors listed on Attachment III attached to this License or other contractors approved by the City. A TTWS shall complete such work as expeditiously as reasonably possible, subject to complying with the provision of Sections II. D, 3, through 6 above, e, If A TTWS repairs and replaces pursuant to subsection d, above, then the City shall reimburse A TTWS for all its reasonable costs of repair and replacement, provided that (i) City shall have no obligation to reimburse if the City timely decides in good faith not to repair or replace pursuant to subsection c, above or if the damage or destruction is caused by ATTWS's negligence or willful misconduct, and (ii) City shall not be required to pay more than the cost of repair and replacement the City would have incurred had the City contracted for the work using its customary method of procurement and customary time frame for the type of work in question, Reimbursement shall be due and payable within 30 days after receiving A TTWS' s request for reim bursement together with reasonable evidence of the costs, A TTWS shall have the right to offset license fees under all Schedules by the amount of any reimbursement owing but not timely paid, If the City timely decides in good faith not to repair or replace pursuant to subsection c, above, then all such work by A TTWS shall be at its sole expense, but A TTWS shall have the option to remove or leave in place any new or replacement light standard, mast arm or pole upon expiration or termination of the applicable Schedule, K. Termination, I. Neither this License nor any Schedule shall be revoked or terminated during the Term or any Renewal Term except as expressly stated in this License, 2, This License may be terminated by either party for any or no reason by delivering to the other party, at any time after the initial five (5) year term of this License, written notice of exercise of this right to terminate (the "Exercise Notice"), Ifthis right to terminate is exercised, termination of this License shall be effective 12 months after the Exercise Notice is delivered to the other party, From and after the date the Exercise Notice is delivered to the other party until the effective date of termination, A TTWS shall have no right to receive any further Schedule not executed prior to delivery of the Exercise Notice, Notwithstanding the foregoing, City retains the right to disapprove extensions of this License beyond the first five year term as provided in Section IlIA hereof. 3, A TTWS shall have the right to terminate a Schedule on 30 days prior written notice to City (or any shorter notice expressly set forth below), if: a, A TTWS delivers to City such 30-day written notice at any time prior to the Commencement Date under such Schedule for any reason or no reason; b, A TTWS determines at any time after the Commencement Date under such Schedule that any governmental or non-governmental license, permit, consent, approval, easement or restriction waiver that is necessary to enable A TTWS or Cox LP, to install and operate Chula Vista Final Form Nov.1, 1999 A-7 Page 8 ATTWS's Improvements cannot be obtained at acceptable expense or in an acceptable time period; c, A TTWS determines at any time after the Commencement Date under such Schedule that the Premises are not appropriate or suitable for its or Cox L.P.'s operations for economic, environmental or technological reasons, including without limitation, any ruling or directive of the FCC or other governmental or regulatory agency, or problems with signal strength or interference not encompassed by subsection 3.d. below; provided that if ATTWS exercises the right to terminate under this subsection 3.c" A TTWS shall pay City (or City may deduct from any rebate due A TTWS under Section IV.A5 below) as a termination fee 25% ofthe then Annual Fee for the subject Premises; d, Any Pre-existing Communications, or any communications facilities or other structures of any kind now or hereafter located on or in the vicinity of the subject Premises, interfere with the location, configuration, frequency or operation of A TTWS' s Improvements and A TTWS is unable to correct such interference through reasonably feasible means; e, City commits a default under this License with respect to such Schedule (other than under Section II, E. 1. or Section II, H. 3. 6 above) and fails to cure such default within the 30-day notice period, provided that if the period to diligently cure takes longer than 30 days and City commences to cure the default within the 30-day notice period, then City shall have such additional time as shall be reasonably necessary to diligently effect a complete cure; or City commits a default under Section II. E. I or Section II, H, 3, or 6 above and fails to cure such default within in five (rather than 30) days after receiving written notice of such default; or f. The Premises under such Schedule are totally or partially damaged, knocked down or destroyed from any cause (other than due to A TTWS' s negligence or willful misconduct) so as, in A TTWS' s judgment, to hinder A TTWS' s or Cox L.P.' s normal operations and City does not provide to A TTWS within ten days after the casualty occurs a suitable temporary location site for A TTWS' s Improvements pending repair and restoration of the subject Premises, 4, City shall have the right to terminate a Schedule if: a. A TTWS commits a default under this License Agreement with respect to such Schedule and fails to cure such default within (i) ten business days after A TTWS receives written notice of the default where the default is a failure to pay the Annual Fee for the subject Premises when due, or (ii) 30 days after A TTWS receives written notice of any other default and fails to cure such default, provided that if the period to cure takes longer than 30 days and A TTWS commences to cure the default within the 30-day notice period, then A TTWS shall have such additional time as shall be reasonably necessary to diligently effect a complete cure; b, The Premises are wholly or partially damaged or destroyed so as to interfere with ATTWS's normal operations, City has no obligation to repair under II, J. 3.C above and neither party elects to repair pursuant to Section II, J, 3, above; or c, The City Manager detennines in good faith that there exists an immediate and substantial threat to public health and safety due to particular circumstances affecting the Premises Chula Vista Final Form Nov.1, 1999 A-8 Page 9 which cannot be rectified through means less onerous than termination ( such as temporary emergency cessation of use by A TTWS pending corrective work), in which case termination shall take effect 48 hours after the A TTWS receives written notice of termination setting forth the City Manager's determination and the reasons therefor. 5. A Schedule shall automatically terminate as of the date when possession is delivered to any governmental authority pursuant to the exercise of its power of eminent domain over the subject Premises of such portion thereof as is sufficient, in ATTWS'good faith opinion, to render the Premises unsuitable for A TTWS' s normal operations, or pursuant to a transfer of the subject Premises or such portion thereof under threat or in lieu of exercise of such power. 6, Upon termination of this License, neither party shall have any further rights, obligations or liabilities to the other except: (a) with respect to provisions of the License which by their sense and context survive termination (as provided in Section V.I. below); and (b) with respect to the rights and remedies of the parties relating to the period prior to termination, UpOn termination of any Schedule, neither party shall have any further rights, obligations or liabilities to the other respecting such Schedule or the Premises thereunder except: (i) with respect to provisions of this License applicable to such Schedule which by their sense and context survive termination; (ii) where termination is by reason of breach or default of the other party; and (iii) with respect to the rights and remedies of the parties relating to the period prior to termination. L. Proscribed Premises. City and A TTWS hereby agree that the City properties and rights-of-way identified in Attachment Ill, or as said Attachment may from time to time be amended by City in its sole discretion, shall not be included in any Schedules or be available for placement of any A TTWS Improvements; provided that properties and rights-of-way shall not be proscribed due to the amount ofthe Annual Fee or the facilities of a third non-government party. This provision shall not apply to any Licensed Premises for which Schedules have been executed at or prior to the effective date of amendment. Ill, TERM; CONDEMNATION A, Term, 1. The initial term of this License shall begin on the Commencement Date ofthis Licenseand shall expire on the date which completes five (5) years after the Commencement Date, unless it is earlier terminated by either party in accordance with the provisions herein, The term ofthis License may be renewed up to three (3) additional successive terms of five (5) years each (each a "License Renewal Term") upon the written notice by A TTWS to the City Manager of its intention to renew not less than sixty (60) calendar days prior to the commencement of the relevant License Renewal Term and, the City Manager's written approval thereof, Prior to the renewal of subsequent terms, A TTWS and City will meet and confer regarding the Annual Fee, and each such License Renewal Term shall be at such Annual Fee as A TTWS and City may mututally approve in good faith. Each License Renewal Term shall be on all the terms and conditions of this License, except as the Annual Fee may be adjusted herewith. 2, Subject to the overall License term set forth above, the term of any Schedule shall be as follows: A Schedule shall continue in effect for five years from said Schedule's Commencement Date, provided that A TTWS shall have the right to extend the Term of such Schedule for additional successive periods of five years each (the "Renewal Term") but not beyond Chula Vista Final Form Nov.1, 1999 A-9 Page 10 the end of the term of the License, including all License Renewal Terms, The Renewal Term shall be on the same terms and conditions as the Term, Such Schedule shall be automatically extended for the Renewal Term unless A TTWS notifies the City in writing of A TTWS' s intention not to extend such Schedule at least 90 days prior to expiration of such Schedule's Term, B. Condemnation. In any condemnation proceeding each party shall be entitled to make a claim against the condemning authority for just compensation, Sale of all or part of the Premises to a purchaser with the power of eminent domain, shall be treated as a taking by a condemning authority, IV. COMPENSA TION AND LIABILITY A. Payment, 1. In consideration for the use of each Licensed Premises, A TTWS agrees to pay City an annual fee ("Annual Fee") per Licensed Premises during the initial term of this License as follows: a, for PCS facilities that include up to seven (7) equipment cabinets and up to twelve (12) antennas approximately 52 inches in height, in addition to neceessary transmission cables, electrical power, telephone service, and other necessary fxtures for the period from the Commencement Date of this License through December 31, 2000, in the amount of$16,800 ($1400 per month); and/or b. PCS facilities that include only up to seven (7) equipment cabinets, in addition to neceessary transmission cables, electrical power, telephone service, and other necessary fixtures for the period from the Commencement Date of this License through December 31, 2000, in the amount of$7,200 ($600 per month); and/or c. for PCS facilities that include only up to twelve (12) antennas approximately 52 inches in height, in addition to neceessary transmission cables, electrical power, telephone service, and other necessary fixtures for the period from the Commencement Date of this License through December 31 2000, in the amount of $9600 ($800 per month); and d. for each calendar year thereafter throughout the initial term, an amount equal to 103% ofthe Annual Fee for the immediately preceeding calendar year, 2. The Annual Fee for the first License Renewal Term shall equal the then fair market rental rate that a willing licensee would pay and a willing licensor would accept for the use of similar installation locations for similar telecommunications equipment for the same five year period (the "FMRR"). The FMRR shall be in the same amount for each of the Licensed Premises. Ifthe City and A TTWS are unable to agree on the FMRR within 180 days prior to expiration or then Renewal Term of the initial term of this License, then at the request of either party, both parties shall atempt in good faith to appoint a single real estate appraiser with at least five years' experience in the area in which the Licensed Premises are located to appraise and set the FMRR, If the parties are unable to agree upon such an appraiser within 15 days after either party requests appointment, then either party can apply to the Superior Court for San Diego County for the appointment of a neutral appraiser, who shall certify that he or she has not acted in any capacity for either party within the last three years, Within 30 days after the appraiser is selected, he or she shall investigate and report to the parties in writing his or her determination of the FMRR. During the investigation the Chula Vista Final Form Nov.1, 1999 A-10 Page 11 appraiser may in his or her sole discretion choose to meet with the parties and take testimony, and may extend the time for determining the FMRR by not more than 15 days. The appraiser's determination shall be final and non-appealable, absent fraud. If A TTWS is dissatisfied with the determination of FMRR, then A TTWS shall have, as its sole and exclusive remedy, the right to rescind its exercise of the option to renew and allow this License and the then-existing Schedules to expire at the later of the end of the initial term of this License or 90 days after the appraiser issues his or her report on determination ofthe FMRR (the "Delayed Expiration Date"). The Annual Fee during the period, if any, from and after expiration of the initial term of this License to the Delayed Expiration Date shall be the FMRR, prorated for such time period. If the FMRR is not yet determined by expiration of the intial term of this License, then A TTWS shall pay the Annual Fee at the immediately preceding year's rate pending such determination; and promptly after such determination the parties shall adjust such payment as necessary to the Annual Fee rate as determined by the appraiser, or, if A TTWS elects to rescind its exercise of its right to renew, City shall make a rebate as provided in Section IV.A5 below. The parties shall share equally the costs and fees of the appraiser. 3. The Annual Fee for each Licensed Premises shall commence on the Commencement Date of the Schedule respecting such Licensed Premises, initially shall be set at the rate in effect for the calendar year in which the Commencement Date for such Schedule occurs, and shall be adjusted on January 1 of each year thereafter during the term of the Schedule, Beginnning January 1, 2001, according to the adjustment provisions of Sections IV. Al and 2 above, If the Commencement Date occurs other than January 1, and/or if the term of the schedule or final schedule Renewal Term ends on a date other than December 31, the Annual Fee shall be prorated for the first and last partial calendar years during the term of the schedule or final schedule Renewal Term, based on a 360 day year and 12 months of30 days each, The Annual Fee shall be payable in advance on each January 1, except that any partial Annual Fee for the first partial calendar year during the term of the Schedule shall be payable in advance on the Commencement Date of the subject Schedule. 4. If payment is not received by 45 days after January 1, or the respective Commencement Date, a late fee of 5% of the balance due will be assessed in addition, interest will accrue at a rate of 6% per anum until paid, 5, If a Schedule is terminated prior to December 31 of any year for any reason other than Cox PCS's default, City shall rebate to ATTWS the unearned portion of the Annual Fee for the calendar year in which termination occurs, provided that City may reduce any such rebate by (a) any termination fee owing to City under Section II. K. 3,c, above and (b) those sums, if any, due from A TTWS under Section II.J, above, City shall pay such rebate within 60 days after the effective date of termination. Whenever A TTWS is entitled to abatement of an Annual Fee under this License or any Schedule, City shall credit the amount of such abatement against the next Annual Fees due from ATTWS; provided that if the amount ofthe abatement exceeds the total next Annual Fee (if any) due for the Premises respecting which the abatement has arisen, City instead shall rebate to Cox PCS the full abatement amount within 30 days after A TTWS delivers to City written request for such rebate, 4, Payments shall be made to The City of Chula Vista, Finance Department, 276 Fourth Avenue, Chula Vista, CA 91910, or to such other place as City may from time to time designate by written notice to A TTWS, B, Service Provision. Chula Vista Final Form Nov.1, 1999 A-11 Page 12 1. Upon the commencement of this License, the City shall receive ten (10) Qualcomm 1920 (or the equivalent) phone packages free of charge (the "Phone Equipment") and any number of service subscriptions at Cox L.P.'s government price plan, 2, The Phone Equipment is provided with the manufacturer's warranty, but without representation or warranty, express or implied, by A TTWS or Cox LP, Without limiting the foregoing, A TTWS and Cox LP, make no representation or warranty as to the condition, perfonnance or fitness for purpose of the Phone Equipment. City shall look solely to the manufacturer(s) of the Phone Equipment in the event of any defects, substandard performance or equipment failure, No such defects, substandard perfonnance or equipment failure shall in any way constitute a failure of consideration, nonpayment of rent or default under this License. Neither Cox PCS nor Cox LP. has any obligation whatsoever to replace the Phone Equipment. 3. The service subscriptions under Cox LP.'s government price plan shall be only those services and rates which Cox LP, generally offers to governmental entities from time to time. The PCS telecommunications services offered by Cox LP. under the government price plan shall be subject to all tenns and conditions of service generally applicable to Cox LP.'s government subscribers, including but not limited to Cox LP.'s right to pennanently terminate its government price plan, to change the rate structure in such government price plan, and to pennanently tenninate service due to the City's failure to pay amounts owing, breach of other obligations, fraud, court order or other cause, No such change in the tenns of service and no such tennination shall in any way constitute a failure of consideration, nonpayment of rent or default under this License, In the event the government price plan is discontinued, the City and Cox LP. will meet and confer in good faith to arrange another discount plan, C. Surety Bond, City shall have the right to require A TTWS to furnish a perfonnance bond to City, to cover the faithful perfonnance by A TTWS of its obligations under this License, If such a bond is required by City, it shall be deposited with the City; and shall not be subject to tennination or cancellation except upon ninety (90) days' prior written notice by certified mail to City; shall be in such fonn and in such amount, not to exceed $10,000, as City shall specify from time to time; and subject to tennination or cancellation as foresaid, shall be maintained in full force and effect throughout the life of this License and until City, in its sole discretion, detennines that A TTWS has fulfilled all of its obligations under this License. If A TTWS should default in any of its obligations under this License and such default shall continue for thirty (30) days after written notice thereof, City may, by a written notice to A TTWS, forthwith terminate this License, according to the procedures set forth on Section ILL (Revocable Use), and in addition to any other rights and remedies hereunder, exercise its rights under the perfonnance bond. In lieu of a perfonnance bond, Cox PCS may satisfy its obligations under this Section with a cash security deposit equal to two months rent of the then monthly rent obligation for each scheduled premises, 0, Hold Harmless, 1. A TTWS shall defend, indemnify, protect and hold hannless the City, its elected and appointed officers and employees (each a 'City Party'), from and against all claims for damages, liability, cost and expense (including without limitation attorneys' fees) arising out of the conduct of the A TTWS, or any agent or employee, subcontractors, or others acting under the direction or control of A TTWS in connection with this License, except only to the extent ofthose claims arising from the sole negligence or willful misconduct of a City Party, A TTWS's indemnification shall in- clude any and all costs, expenses, attorneys' fees and liability incurred by the City, its officers, agents, or employees in defending against such claims, whether the same proceed to judgment or not, Further, A TTWS at its own expense shall, upon written request by the City, defend any such Chula Vista Final Form Nov.1, 1999 A-12 Page 13 claims brought against the City, its officers, agents, or employees, A TTWS's indemnification of City shall not be limited by any prior or subsequent declaration by the A TTWS. 2, It is agreed between the parties that the City assumes no responsibility or liability for loss, damage, expenses or claims, direct or consequential, from (a) A TTWS'S inability to use the Licensed Premises for its intended purpose, contributed to or caused by the failure of existing facilities on which A TTWS Improvements may be placed, inability to use the site, or otherwise, (except for breach of contract damages arising from a City breach of this License) (b) the A TTWS'S use of any related access roads, or (C) the termination of the license by either party in accordance with this License. 3, Notwithstanding any contrary provision of this Lease, each party hereby waives any right to recover from the other party or other party's partners, affiliates, agents and employees any loss or damage resulting from any cause or hazard to the extent the loss or damage is covered by property insurance carried by the party suffering loss or damage, including any loss or damage resulting from loss of the use of any property and provided that at the time of loss the property insurers for both parties have waived rights of subrogation, These waivers shall apply between the parties and to any property insurer claiming under or through either party as a result of any asserted right of subrogation, unless any property insurer has not waived its right of subrogation (in which case these waivers shall have no effect), E. Insurance. A TTWS shall obtain and maintain at all times during the term of this License (including the period between the expiration hereof and A TTWS' s removal of its radios or other equipment from the Public Way) commercial general liability insurance and commercial automobile liability insurance protecting A TTWS in an amount not less than One Million Dollars ($1,000,000) per occurrence (combined single limit), including bodily injury and property damage, and in an amount not less than One Million Dollars ($1,000,000) annual aggregate for each personal injury liability and products-completed operations. Such insurance policies shall name the City, its council members, officers, and employees as additional insured as respects any covered liability arising out of A TTWS' s performance of work under this License, Coverage shall be provided in accordance with the limits specified and the Provisions indicated herein, Claims-made policies are not acceptable. When an umbrella or excess coverage is in effect, coverage shall be provided in following form, Such insurance shall not be canceled or materially altered to reduce coverage until the City has received at least thirty (30) days' advance written notice of such cancellation or change, A TTWS shall be responsible for notifying the City of such change or cancellation, 1. Filing of Certificates and Endorsements. Prior to the commencement of any work pursuant to this License, A TTWS shall file with the City the required original certificate(s) of insurance with endorsements, subject to the City's prior approval, which shall clearly state all of the following: (a) the policy number; name of insurance company; name and address ofthe agent or authorized representative; name, address, and telephone number of insured; premises name and address; policy expiration date; and specific coverage amounts; (b) that thirty (30) days' prior notice of cancellation is required to the City; and (c) that A TTWS' s insurance is primary as respects any other valid or collectible insurance that the City may possess, including any self-insured retentions the City may have; and any other insurance the City does possess shall be considered excess insurance only and shall not be required to contribute with this insurance, (d) City is a named additional insured. The certificate(s) of insurance with Chula Vista Final Form Nov.1, 1999 A-13 Page 14 endorsements and notices shall be mailed to the City as the address specified in V.E, below: 2, Workers' Compensation Insurance, A TTWS shall obtain and maintain at all times during the term of this License statutory workers' compensation and employer's liability insurance in an amount not less than One Million Dollars ($1,000,000) and shall furnish the City with a certificate showing proof of such coverage, 3, Insurer Criteria, Any bond or insurance provider of A TTWS shall be admitted and authorized to do business in California and-shall be rated at least A- in A.M Best & Company's Insurance Guide, Insurance policies and certificates issued by non-admitted insurance compallies are not acceptable. 4, Severability of Interest. Prior to the execution of this License, any deductibles or self- insured retentions must be stated on the certificate(s) of insurance, which shall be sent to and approved by the City. "Additional insured", "Cross liability," "severability of interest," or "separation of insured" endorsements/clauses shall be made a part of the commercial general liability and commercial automobile liability policies, 5. Contractors' and Subcontractors' Insurance, ATTWS shall require that all contractors and subcontractors obtain insurance meeting the criteria set forth herein and shall furnish to the City copies of all certificates evidencing such policies of insurance, 6 Insurance and Indemnification Obligation, A TTWS's compliance with the insurance requirements herein shall not excuse, replace, or otherwise affect A TTWS' s duty to indemnify and defend the City pursuant to Section IV. D, of this License. F, Nuisance, A TTWS shall not use the Licensed Premises in any manner which, in the reasonable opinion of the City, creates a nuisance or disturbs the quiet enjoyment of the surrounding area by persons in said area. City reserves its rights to exercise its police powers and authority as they may apply to nuisance response and abatement, as provided by City ordinance exclusive of any contract provisions. V, MISCELLANEOUS A. Possessory Interest, A TTWS shall pay personal property taxes and possessory interest taxes, if any, assessed against A TTWS's Improvements and City shall pay when due, if any, all real property taxes and all other taxes, fees and assessments attributable to the Premises and the applicable Schedule. A TTWS recognizes and understands that this License may create a possessory interest subject to property taxation and that A TTWS may be subject to the payment of property taxes levied on such interest, A TTWS further agrees that such tax payment shall not reduce any fee paid to City hereunder and that such tax shall be paid by A TTWS before becoming delinquent. City has no responsibility or liability for any such tax, B, Potential Utility Users' Tax A TTWS acknowledges and agrees that the City may require users of revenue-producing services such as the Services to pay a utility users' tax ("Utility Tax") to the City pursuant to City's Municipal Code, Ifthe City determines that the Services are subject to the Utility Tax, A TTWS agrees to collect the tax from Service users and remit such tax to the City in accordance with the City's Municipal Code, C, Governmental Approvals. Each Schedule under this License is conditioned upon A TTWS, or A TTWS's assigns, obtaining all governmental permits and approvals enabling A TTWS, or its assigns, to Chula Vista Final Form Nov,1, 1999 A-14 Page 15 construct and operate A TTWS's Improvements for that Schedule. A TTWS shall at its sole cost and expense comply with all the requirements of all municipal, state, and federal authorities now in effect or which may hereafter be in effect, which pertain to the A TTWS' s Improvements and use thereof. City shall have no responsibility or liability under this License for any such requirements, A TTWS shall be responsible for obtaining any permits and approvals from any agency having jurisdiction over A TTWS's activities. This License does not constitute governmental approval by City of this or any use, D, Governing LawNenue, This License shall be governed by and construed in accordance with the laws of the State of California, Any action arising under or relating to this License shall be brought only in the federal or state courts located in San Diego County, State of California, and if applicable, the City of Chula Vista, or as close thereto as possible, Venue for this Agreement, and performance hereunder, shall be the City of Chula Vista, E, Signs. No signs shall be displayed on the Premises without the prior written consent of the City, F. License Administrators. For administrative purposes, any activity covered by this agreement which requires permission or consent of City shall be referred to the City Manager or Manager's duly designated representative at the following address: City Manager, City of Chula Vista 276 Fourth Avenue Chula Vista, California 91910 Phone: (619) 691-5031 Fax: (619) 585-5612 The designated person, address, and phone number for serving official notice on the A TTWS shall be: A TTWS Assets, LLC c/o Sprint Spectrum, loP, 4683 Chabot Drive, Suite 100 Pleasanton, CA 94588 Attn: Property Management Phone: (925) 468- 7800 Facsimile: (925) 468- 7810 with a copy to: Sprint Spectrum loP. 4900 Main Kansas City, MO 64112 G, Successors and Assigns, 1, Except as provided in subsection 2 below, A TTWS shall not assign any rights granted by this License nor any interest therein without the prior written approval of the City. Approval of any such proposed assignment may be withheld in the sale and absolute discretion of the City, Except as provided in subsection 2 below, any assignment by operation of law shall automatically terminate this License. The terms and provisions of this License shall extend to and be binding upon and inure to the benefit of any successors and assigns of the respective parties hereto, Chula Vista Final Form Nov.1, 1999 A-15 Page 16 2, Notwithstanding Section I above, A TTWS may, without City's approval and in A TTWS's sole discretion, from time to time, do any of the following: a) grant to any person or entity a security interest in some or all of A TTWS' s Improvements and/or other property used or to be used in connection with this License; b) assign or pledge A TTWS' s interest in this License or any Schedule to any person or entity to finance ATTWS's equipment or operate ATTWS's business; c) sublicense any Premises to Cox LP. or otherwise permit Cox LP, to use any Premises as provided in this License (in which case ATTWS's Improvements are deemed to mean the communications equipment of Cox LP, installed on such Premises); and d) assign (i) to Sprint Corporation or to any entity which has, directly or indirectly, a 30% or greater interest in A TTWS (a "parent") or in which A TTWS or a Parent has a 30% or greater interest (an "Affiliate"); (ii) to any affiliate of Sprint Corporation (a "Sprint Affiliate"); (iii) to any entity with which A TTWS, any Affiliate or Sprint Affiliate may merge or consolidate; (iv) to a buyer of substantially all of the outstanding ownership units or assets of A TTWS, any Affiliate or Sprint Affiliate; or (v) to the holder or transferee of the Federal Communications Commission ("FCC") license under which A TTWS's Improvements are operated, upon FCC approval of any such transfer, Any such assignment shall not be effective until the assignee signs and delivers to City a document in which the assignee assumes responsibility for all A TTWS' s obligations under this License arising from and after the effective date of assignment. H. Non-Waiver of Breaches, The City's or A TTWS's failure to insist, respectively, in anyone or more instances, upon strict performance of any of the covenants or conditions of this License shall not be considered as a waiver or relinquishment for the future of said covenants, terms or conditions, but the same shall continue and remain in full force and effect. I. Entire Agreement, This instrument and any Schedule added pursuant to Section LB. contain the entire agreement between the parties relating to the rights herein granted and the obligations herein assumed, No alteration or variation of this License shall be valid or binding unless made in writing and signed by the parties hereto. J. Duties and Obligations Survive Any and all duties and obligations ofthe parties which by their sense and context are continuing obligations, including but not limited to the parties' respective obligations to indemnify under this License and A TTWS' obligations set forth in Sections ILL and IIJ,I &2 herein will remain operative and shall survive the term of this License and any Schedules and amendments to this License, K, Time is of the Essence, Time is of the essence in performing each and all of the terms and provisions of this License. L. Waiver of Property and Relocation Rights. A TTWS acknowledges and agrees that this License does not confer any of the following: a property right or interest or, a right to relocation or relocation assistance, M, Hazardous Materials, A TTWS shall not bring any Hazardous Materials onto the Licensed Premises except for those contained in its back-up power batteries (e,g, lead-acid batteries) and properly stored, reasonable quantities of common materials used in telecommunications operation (e.g. cleaning solvents). Chula Vista Final Form Nov.1, 1999 A-16 Page 17 A TTWS shall handle, store and dispose of all Hazardous Materials it brings onto the Licensed Premises in accordance with all federal, state and local laws and regulations, "Hazardous Materials" means any substance, chemical, pollutant or waste that is presently identified as hazardous, toxic or dangerous under any applicable federal, state or local law or regulation and specificaIly includes but is not limited to asbestos and asbestos containing materials, polychlorinated biphenyl's (PCBs) and petroleum or other fuels (including crude oil or any fraction or derivative thereof). N. City Police Powers. Notwithstanding any provision in this Agreement to the contrary, A TTWS acknowledges and agrees that City retains any and all police powers authority available at law or in equity to regulate the conduct of A TTWS within the City or to otherwise act in accordance with the public health, safety and welfare of the City and that nothing in this Agreement is intended to or shall have the affect of condemning or limiting such authority in any way, o. Limitation on City Liability. Notwithstanding any provision in this Agreement to the contrary A TTWS's sale remedies for the City's breach of the License shall be (1) termination of the License or one or more Schedules, as appropriate; (2) specific performance; injunction or other equitable relief; or (3) the right to withhold amounts otherwise due and payable to City hereunder with respect to one or more Licensed Premises; provided that the foregoing limitation on liability does not apply to (a) City's rebate obligation under Section IV,A,5 above, (b) any obligation or liability of City respecting its service subscriptions pursuant to Section IV, B, above. Except as expressly provided in the preceding sentence, in no event shall A TTWS be entitled to monetary damages against the City for breach of contract hereunder, The Next Page is the Signature Page Chula Vista Final Form Nov.1, 1999 A-17 Page 18 IN WITNESS WHEREOF, the parties hereto have executed this License as of the date first written above, City A TTWS City ofChula Vista, AT& l' Wireless PCS Inc., a California Municipal Corporation a Delaware Corporation, 276 Fourth Avenue By: AT&T Wirelss Services, Inc., Chula Vista, CA 91910 a Delaware Corporation, its Agent By: By: Name: Name: Title: Title: Chula Vista Final Form Nov.1, 1999 A-18 Page 1 MASTER COMMUNICATIONS SITE LICENSE AGREEMENT THIS MASTER COMMUNICATIONS SITE LICENSE AGREEMENT ("License") dated as of , 1999 ("Effective Date"), is entered into between COX PCS ASSETS, LLC., a Delaware limited liability company ("Cox PCS") whose sole member is Cox Communications PCS, LP, a Delaware limited partnership ("Cox LP,") and the CITY OF CHULA VISTA, A MUNICIPAL CORPORATION ("City") with reference to the following facts, A, Cox PCS wishes to attach, install, operate, and maintain up to fifty (50) personal communications service system facilities ("PCS") or substantially similar facilities, on public property under the ownership and/or control of the City for purposes of providing wireless phone service, B, City is willing to allow Cox PCS to attach, install, operate and maintain the PCS equipment subject to the tenns and conditions set forth herein. Now, therefore, for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties agree to the following covenants, tenns, and conditions: I. Definitions: A. Licensed Premises or Premises: The City owns and/or controls through easement rights certain real property, and certain light standards and poles, Once such property is described in a Schedule (as defined below), approved by the City and attached hereto, such property shall constitute and be described and collectively referred to as the "Licensed Premises" or "Premises," This tenn includes any property the City owns on which Cox PCS installs utility and transmission lines with City's approval pursuant to Section II. D, 1, or II, F, below. B, Schedule: Attached hereto and incorporated herein by reference shall be various Schedules of Licensed Premises, Each Schedule shall be substantially in the fonn attached hereto as Attachment I and shall include the description of one or more Licensed Premises and the specific Cox PCS Improvements and configuration of same which shall be allowed on each Licensed Premises, Both parties agree that Schedules may be added or deleted by administrative action by City from time to time subject to and in accordance with the provisions of this License, including but not limited to Section V,B, regarding Governmental Approvals. C, Pre-existing Communications: "Pre-existing Communications" shall be defined as those communications configurations, equipment and frequencies which exist on City's property or are in use by the City within or around City limits on the Commencement Date of this License or of an applicable Schedule, D, Cox PCS Improvements or Cox PCS's Improvements: Cox PCS Improvements shall be defined to be those PCS or substantially similar wireless telephone communication facilities, including but not limited to radio frequency transmitting and receiving equipment, antennas, cables, conduits, wires, batteries, utility lines, transmission lines, radio frequency transmitting and receiving antennas and supporting structures and improvements, which are approved by the City and which are located or proposed to be located per this License, on Licensed Premises. Cox PCS Improvements shall exclude light standards or poles located in City rights-of-way, whether or not said light standards or poles are installed by City or Cox PCS, which shall be owned by City. Chula Vista Final Form Nov,8, 1999 A-19 Page 2 E, Commencement Date: Upon execution hereof by all parties hereto the Commencement Date of this License shall be the effective date. The Commencement Date of individual Schedules hereunder shall be as specified in each Schedule, II, PREMISES AND LICENSED USES A. Grant of License, Subject to the following terms and conditions, City hereby licenses to Cox PCS the Premises as depicted in the Schedules attached hereto and incorporated herein, Each Schedule executed hereunder shall be substantially in the form of Attachment I, B, Use. The Premises may be used by Cox PCS for the provisions of mobile/wireless communications services, including without limitation, the transmission and reception of radio communication signals on various frequencies and the construction, maintenance and operation of related non-franchised wireless telephone communications facilities and related antennas, cables, conduits, wires and electronic and other equipment. City agrees, at no expense to City, to cooperate with Cox PCS in making application for and obtaining all licenses, permits and any and all other necessary approvals that may be required for Cox PCS's intended use of Premises under each Schedule, C. Pre-Construction; Testing, 1. Cox PCS shall have the right (but not the obligation) at any time following the full execution ofthis License and prior to the Commencement Date under each Schedule to enter the Premises for the purpose of making necessary inspections, engineering surveys (and soil tests where applicable) and other reasonably necessary tests (collectively "Tests") to determine the suitability of the Premises for Cox PCS's Improvements (as defined herein) and for the purpose of preparing for the construction of Cox PCS's Improvements at no expense to City, During any Tests or pre- construction work, Cox PCS shall have the insurance coverage set forth in Section IV,D" Insurance, Cox PCS will notify City of any proposed Tests or pre-construction work and will coordinate the scheduling of same with City. Cox PCS, at Cox PCS's sole cost and expense, will restore the Premises to the same condition as existed prior to any such Tests or pre-construction work by Cox PCS, 2. Cox PCS agrees to notify immediately the Director of Public Works of the City of any changes in Cox PCS's frequencies to be used at the Premises. 0, Cox PCS Improvements, 1. Cox PCS has the right to construct, maintain and operate Cox PCS Improvements on the Licensed Premises, In connection therewith, Cox PCS has the right upon obtaining City's written approval following a review of Cox PCS's plans which approval shall not be unreasonably withheld and shall be deemed given by the City initialing a copy of Cox PCS's construction plans and upon issuance of any required permits, to do all work necessary to prepare, add, maintain and alter the Licensed Premises for Cox PCS's communications operations and to install utility lines and transmission lines connecting antennas to transmitters and receivers, conditioned upon plan review and approval of City, which approval shall not be unreasonably withheld or delayed, All of Cox PCS's construction and installation work shall be performed at Cox PCS's sale cost and expense and in a good and workmanlike manner. Subject to Section II, J. 1&2. Below, title to Cox PCS's Improvements shall be held solely by Cox PCS or Cox L.P" and all of Cox PCS's Improvements shall remain the personal property of Cox PCS or Cox L.P. and shall not be treated as real property Chula Vista Final Form Nov.8, 1999 A-20 Page 3 or become a part of any Premises even though affixed thereto. All street light standards or poles on property owned or controlled by the City, whether installed pursuant to this License by City or Cox PCS, shall be owned by the City, 2, Maintenance of the Cox PCS Improvements shall be the sole responsibility of Cox PCS during the entire term of this License and Cox PCS agrees to keep all Cox PCS Improvements in good condition and repair, 3, In the case of installations on street light standards or mast arms, Cox PCS shall comply with all applicable City regulations on the installation of street lights, Ifthe installation is to be done via replacement of an existing standard and/or mast arm, said replacement shall meet the same regulations as were applied to the existing standard and/or mast arm, Said regulations shall include, but not be limited to, the form, size, strength and construction materials specified for City street lights, Consistent with the City's lawful exercise of police powers, such regulations may be amended at the City's sole and absolute discretion including, but not limited to, allowing for additional space for internal wiring of City and/or Cox PCS or, altered foundation requirements to accommodate joint City and Cox PCS uses, or other technical reasons; provided that (i) City shall pay costs to modify street light standards or mast arms which it owns in accordance with such amended regulations and (ii) Cox PCS shall pay all costs to modify Cox PCS' Improvements as required by such amended regulations. In making any such amendments, City shall use reasonable efforts to accommodate and not materially adversely impact the functioning of existing facilities, In the event the amended regulations make an existing facility unusable by Cox PCS, then City shall use reasonable efforts to provide a suitable alternate location. 4, Installation of improvements in or near the public right of way shall meet the requirements of the Americans with Disabilities Act with regard to minimum clearance and public use of sidewalk areas, 5. If any Portland Concrete Cement (PCC) sidewalk is disturbed in the course of installation, Cox PCS shall replace said sidewalk from cold joint to cold joint from each direction from the disturbed area, 6, If any existing landscaping, irrigation systems, utilities or other City facilities are disturbed in the course of installation, Cox PCS shall replace and restore said property to its pre-installation condition, E, Access, l. Cox PCS, Cox PCS's employees, agents, contractors and subcontractors shall have access to the Premises twenty-four (24) hours per day, seven (7) days per week, at no charge to Cox PCS, subject to the conditions set forth in each Schedule, City hereby licenses to Cox PCS all rights of ingress and egress held by City to the extent required to construct, maintain, install and operate Cox PCS's Improvements on the Premises, Cox PCS's exercise of such rights shall not cause undue inconvenience to City, 2, In connection with installations on light standards, mast arms or poles, Cox PCS shall provide at least seven (7) days notice to City of installation date and time, Cox PCS shall pay any and all costs associated with City shut off and reconnect of power to Premises, installation oversight and/or inspections if City reasonably deems necessary, Chula Vista Final Form Nov.8, 1999 A-21 Page 4 3. In connection with Cox PCS's maintenance of Cox PCS Improvements on street light standards, mast arms or poles, Cox PCS shall provide at least twenty four (24) hours notice to City and pay City any and all costs associated with City shut off and reconnect of power to Premises, maintenance oversight and/or inspections if City deems reasonably necessary. In case of need for emergency maintenance of Cox PCS Improvements, Cox PCS need not give prior notice to City but shall notify City of such work as promptly as reasonably possible after the work is commenced, 4. In connection with City maintenance to street lights which share a standard or mast arm with such installations, City shall use its best efforts to provide Cox PCS at least twenty four (24) hours notice of said maintenance, If City desires to have a technician of Cox PCS's on site during said maintenance, Cox PCS shall provide said technician upon at least twenty four (24) hours notice, In case of need for emergency maintenance of City's street lights which share a standard or mast arm with such installations, City need not give prior notice to Cox PCS but shall notify Cox PCS of such work as promptly as reasonably possible after the work is commenced, F. Utilities, Cox PCS shall have the right to install utilities which are necessary for the operation of Cox PCS Improvements, at Cox PCS's expense, and to improve the present utilities on or near the Premises (including, but not limited to the installation of emergency back-up power), subject to the prior approval of City, which approval shall not be unreasonably withheld or delayed and shall be deemed given by the City initialing a copy of Cox PCS's construction plans and upon issuance of any required permits and the prior approval of all utility companies or agencies with jurisdiction, Subject to City's approval of the location, which approval shall not be unreasonably withheld or delayed, Cox PCS shall have the right to place utilities on (or to bring utilities across) City's property necessary to service the Premises and Cox PCS's Improvements, Such right to install utilities shall be subject to the conditions set forth in the relevant Schedule, Cox PCS shall fully and promptly pay for all utilities furnished to the Premises for the use, operation and maintenance of Cox PCS's Improvements. Upon the termination of this License or applicable Schedules, unless otherwise agreed to in writing between the two parties, said utilities shall be deactivated or removed, Payment of all costs for said utilities' deactivation or removal, including any costs which would survive the term of said License or Schedule, shall be the exclusive obligation of Cox PCS. G, Location of Cox PCS Improvements, The location of Cox PCS Improvements on Licensed Premises shall be subject to City's prior approval, which shall not be unreasonably withheld or delayed and shall be deemed given by the City initialing a copy of Cox PCS's construction plans and upon issuance of any required permits, Absent such approval, Cox PCS shall have recourse to an appeal to the City Manager, It is understood and agreed that antennas shall be located at the optimum location on the Licensed Premises to provide sufficient radio frequency coverage, but shall in no way interfere with existing antennas on or structural loading of any buildings, poles or other facilities existing on said Premises on the date the Schedule for said Premises is executed, H. Interference with Communications, 1. Cox PCS's Improvements at any given Premises shall not interfere with Pre-existing Communications (determined with respect to such Premises at the date the Schedule for such Premises is executed). Cox PCS's Improvements shall also comply with all noninterference rules of the Federal Communications Commission ("FCC"), 2, Any radio equipment installed by Cox PCS on the Premises shall be frequency compatible with all radio transmitting and receiving equipment existing and in use on the Premises at the time initial installation of such equipment is made. In the event Cox PCS's installation electronically or physically interferes with City's installation already existing on the Premises, Cox PCS shall take Chula Vista Final Form Nov.8, 1999 A-22 Page 5 all necessary steps, at its own cost and expense, to eliminate such interference, whether so required by the FCC or not. City shall endeavor to include this language in any subsequent agreement with another provider, 3, Except to the extent necessary to install, operate or maintain public improvements, or in the event of an emergency, the City shall not knowingly interfere with the location, configuration, frequency of operation of Cox PCS' s Improvements, nor shall the City knowingly permit any use by a third party offacilities owned or controlled by the City which use interferes with the location, configuration, frequency or operation of Cox PCS's Improvements, except in the case of Pre- Existing Communications that do not measurably change from their power level, frequency or location. 4, In the event of an emergency, City shall have the right to take such action as it determines is necessary under the circumstances to address the emergency, even though such actions may cause interference with Cox PCS Improvements or the operation thereof. If City must take action which causes or may cause interference, City shall endeavor to (a) give Cox PCS oral notice of such action as quickly as practicable and (b) to the extent practicable under the circumstances, upon notice by Cox PCS of the existence of interference, minimize the duration and extent of such interference, 5, City shall have the responsibility to cooperate with Cox PCS to identify and remedy to the extent reasonably necessary, any interference with the communications operations of Cox PCS described in Section 3&4, above. 6. In the event any equipment installation by City made subsequent to Cox PCS's installation causes interference with the location, configuration, frequency or operation of Cox PCS's Improvements, City shall exercise reasonable best efforts to eliminate such interference after learning of such interference, whether so required by the FCC or not. 7. For purposes of this Section H, the existence of electronic and physical interference shall be reasonably determined by Cox PCS. Notwithstanding the foregoing, Pre-existing Communications operating on the Commencement Date that do not measurably change from the power level, frequency or location on the Commencement Date shall not be deemed interference at any time. I. Liens. Cox PCS shall keep the Premises free and clear of any and all liens or claims of liens and charges on account of labor and materials used in or contributing to any work performed by or related to Cox PCS, failing which City shall have the right, but shall not be obligated, to discharge any or all such liens or claims and Cox PCS shall, upon demand therefor, reimburse City for all costs and expenses incurred by City, j, Removal of Cox PCS Improvements 1. Upon expiration, cancellation or termination of this License or any Schedule hereunder, Cox PCS shall be responsible for: (a) removing from the Premises subject to such expiration, cancellation, or termination, at its sale cost, all Cox PCS Improvements except those which the parties agree shall not be removed or shall be transferred to City, (b) repairing at its sole cost, all damage caused by such removal, and (c) surrendering the Premises to City in the Premises' original condition, ordinary wear and tear and damages caused by factors beyond Cox PCS' control excepted, Said return of Premises in their original condition shall include remediation of any hazardous or toxic material discharge at the Licensed Premises caused by Cox PCS and shall be to the reasonable Chula Vista Final Form Nov.8, 1999 A-23 Page 6 satisfaction ofthe City, 2, Within 45 days after the date this License or an applicable Schedule expires or otherwise terminates, Cox PCS at its expense shall remove from the affected Premises all Cox PCS Improvements required to be removed; provided that if ten or more Schedules expire or terminate contemporaneously, then Cox PCS shall have a reasonable amount of additional time to remove the affected Cox PCS Improvements so long as Cox PCS is diligently proceeding with removal. Any Cox PCS Improvements remaining on affected Premises beyond the time period available for removal as set forth above shall, at the sole discretion of the City, either (a) in whole or in part become City property or (b) in whole or in part be removed and disposed of by City, with the reasonable costs of said removal and disposal, including reasonable administrative overhead, except the costs of removing and disposing of improvements not required to be removed, to be reimbursed to City by Cox PCS within ten days after Cox PCS receives a request for reimbursement together with reasonable evidence of the cost. 3, If the Premises consist of a light standard, mast arm or pole and the same is damaged, knocked down or destroyed from any cause, the following provisions shall apply: a. If the damage or destruction, renders Cox PCS's or Cox LP, unable to conduct normal operations and a temporary site is not available per subsection b, below, the fee for such Premises shall abate in full from the date such damage or destruction occurs until Cox PCS or Cox LP, is able to commence normal operations; provided that Cox PCS shall have no right to abatement if the damage or destruction is caused by Cox PCS's negligence or willful misconduct. b, Non-replacement in case of damage, If Cox PCS is rendered unable to conduct normal operations due to damage or destruction, City shall use reasonable efforts to identifY and make available to Cox PCS, within ten days following the damage or destruction, a temporary site owned or controlled by City which in Cox PCS's judgment is equally suitable for Cox PCS's intended uses, Cox PCS may construct and operate substitute Cox PCS's Improvements thereon until the Premises are fully repaired and available to Cox PCS. Cox PCS shall be responsible for any removal or replacement of wiring, foundation or other associated facilities that may be required to accommodate the replacement facilities. If this option is chosen by Cox PCS, Cox PCS shall not be obligated to replace or pay to replace the damaged light standard, mast arm or pole, c. Immediately following the damage or destruction, City shall commence and thereafter continue diligent efforts to repair or replace the light standard, mast arm or pole; provided that City shall have no obligation to repair or replace the light standard, mast arm or pole if (i) the City, within 10 days following the damage or destruction, affirmatively determines, in good faith, and delivers to Cox PCS written notice of its determination, that the light standard, mast arm or pole is no longer required or desirable to serve the public health, safety and welfare and that accordingly the City has no existing or foreseeable intention of replacing or repairing the light standard, mast arm or pole, or (ii) the damage or destruction occurs during the last 12 months ofthe Term or any Renewal Term, and City delivers to Cox PCS written notice of its decision not to repair or replace within 10 days following the damage or destruction and Cox PCS does not, within 10 days after receiving such notice, exercise any option to extend or renew which may then be available regarding the subject Premises. Chula Vista Final Form Nov.8, 1999 A-24 Page 7 d, If the City does not immediately commence to repair and replace, then Cox PCS shall have the right, but not the obligation, to repair or replace the pole or light standard to the conditions existing immediately prior to the damage or destruction (or to any better condition consistent with the City's then-existing standards and regulations for design and construction of similar facilities); provided that Cox PCS shall have no obligation to restore any City operations served by the light standard, mast arm or pole unless the damage or destruction is caused by Cox PCS's negligence or willful misconduct. Cox PCS shall perform such work using only the contractors listed on Attachment III attached to this License or other contractors approved by the City, Cox PCS shall complete such work as expeditiously as reasonably possible, subject to complying with the provision of Sections II. D. 3, through 6 above, e, If Cox PCS repairs and replaces pursuant to subsection d, above, then the City shall reimburse Cox PCS for all its reasonable costs of repair and replacement, provided that (i) City shall have no obligation to reimburse if the City timely decides in good faith not to repair or replace pursuant to subsection c, above or if the damage or destruction is caused by Cox PCS's negligence or willful misconduct, and (ii) City shall not be required to pay more than the cost of repair and replacement the City would have incurred had the City contracted for the work using its customary method of procurement and customary time frame for the type of work in question, Reimbursement shall be due and payable within 30 days after receiving Cox PCS's request for reimbursement together with reasonable evidence of the costs. Cox PCS shall have the right to offset license fees under all Schedules by the amount of any reimbursement owing but not timely paid, If the City timely decides in good faith not to repair or replace pursuant to subsection c, above, then all such work by Cox PCS shall be at its sale expense, but Cox PCS shall have the option to remove or leave in place any new or replacement light standard, mast arm or pole upon expiration or termination of the applicable Schedule, K. Termination, 1, Neither this License nor any Schedule shall be revoked or terminated during the Term or any Renewal Term except as expressly stated in this License. 2. This License may be terminated by either party for any or no reason by delivering to the other party, at any time after the initial five (5) year term of this License, written notice of exercise of this right to terminate (the "Exercise Notice"), Ifthis right to terminate is exercised, termination of this License shall be effective 12 months after the Exercise Notice is delivered to the other party. From and after the date the Exercise Notice is delivered to the other party until the effective date of termination, Cox PCS shall have no right to receive any further Schedule not executed prior to delivery of the Exercise Notice, Notwithstanding the foregoing, City retains the right to disapprove extensions of this License beyond the first five year term as provided in Section IlIA hereof. 3, Cox PCS shall have the right to terminate a Schedule on 30 days prior written notice to City (or any shorter notice expressly set forth below), if: a, Cox PCS delivers to City such 30-day written notice at any time prior to the Commencement Date under such Schedule for any reason or no reason; b. Cox PCS determines at any time after the Commencement Date under such Schedule that Chula Vista Final Form Nov.B, 1999 A-25 Page 8 any governmental or non-governmental license, permit, consent, approval, easement or restriction waiver that is necessary to enable Cox PCS or Cox LP, to install and operate Cox PCS's Improvements cannot be obtained at acceptable expense or in an acceptable time period; c. Cox PCS determines at any time after the Commencement Date under such Schedule that the Premises are not appropriate or suitable for its or Cox LP,'s operations for economic, environmental or technological reasons, including without limitation, any ruling or directive of the FCC or other governmental or regulatory agency, or problems with signal strength or interference not encompassed by subsection 3.d. below; provided that if Cox PCS exercises the right to terminate under this subsection 3.c" Cox PCS shall pay City (or City may deduct from any rebate due Cox PCS under Section IV,A.5 below) as a termination fee 25% ofthe then Annual Fee for the subject Premises; d, Any Pre-existing Communications, or any communications facilities or other structures of any kind now or hereafter located on or in the vicinity of the subject Premises, interfere with the location, configuration, frequency or operation of Cox PCS's Improvements and Cox PCS is unable to correct such interference through reasonably feasible means; e. City commits a default under this License with respect to such Schedule (other than under Section II, E. 1. or Section II. H. 3, 6 above) and fails to cure such default within the 30-day notice period, provided that if the period to diligently cure takes longer than 30 days and City commences to cure the default within the 30-day notice period, then City shall have such additional time as shall be reasonably necessary to diligently effect a complete cure; or City commits a default under Section II. E. 1 or Section II, H, 3, or 6 above and fails to cure such default within in five (rather than 30) days after receiving written notice of such default; or f. The Premises under such Schedule are totally or partially damaged, knocked down or destroyed from any cause (other than due to Cox PCS's negligence or willful misconduct) so as, in Cox PCS'sjudgment, to hinder Cox PCS's or Cox LP,'s normal operations and City does not provide to Cox PCS within ten days after the casualty occurs a suitable temporary location site for Cox PCS's Improvements pending repair and restoration of the subject Premises, 4. City shall have the right to terminate a Schedule if: a, Cox PCS commits a default under this License Agreement with respect to such Schedule and fails to cure such default within (i) ten business days after Cox PCS receives written notice of the default where the default is a failure to pay the Annual Fee for the subject Premises when due, or (ii) 30 days after Cox PCS receives written notice of any other default and fails to cure such default, provided that if the period to cure takes longer than 30 days and Cox PCS commences to cure the default within the 30-day notice period, then Cox PCS shall have such additional time as shall be reasonably necessary to diligently effect a complete cure; b. The Premises are wholly or partially damaged or destroyed so as to interfere with Cox PCS's normal operations, City has no obligation to repair under II, J. 3,C above and neither party elects to repair pursuant to Section II. J. 3, above; or Chula Vista Final Form Nov.8, 1999 A-26 Page 9 c. The City Manager determines in good faith that there exists an immediate and substantial threat to public health and safety due to particular circumstances affecting the Premises which cannot be rectified through means less onerous than termination ( such as temporary emergency cessation of use by Cox PCS pending corrective work), in which case termination shall take effect 48 hours after the Cox PCS receives written notice of termination setting forth the City Manager's determination and the reasons therefor. 5. A Schedule shall automatically terminate as of the date when possession is delivered to any governmental authority pursuant to the exercise of its power of eminent domain over the subject Premises of such portion thereof as is sufficient, in Cox PCS' good faith opinion, to render the Premises unsuitable for Cox PCS's normal operations, or pursuant to a transfer of the subject Premises or such portion thereof under threat or in lieu of exercise of such power. 6, Upon termination of this License, neither party shall have any further rights, obligations or liabilities to the other except: (a) with respect to provisions of the License which by their sense and context survive termination (as provided in Section V,I. below); and (b) with respect to the rights and remedies of the parties relating to the period prior to termination. Upon termination of any Schedule, neither party shall have any further rights, obligations or liabilities to the other respecting such Schedule or the Premises thereunder except: (i) with respect to provisions of this License applicable to such Schedule which by their sense and context survive termination; (ii) where termination is by reason of breach or default of the other party; and (iii) with respect to the rights and remedies of the parties relating to the period prior to termination, L. Proscribed Premises. City and Cox PCS hereby agree that the City properties and rights-of-way identified in Attachment III, or as said Attachment may from time to time be amended by City in its sole discretion, shall not be included in any Schedules or be available for placement of any Cox PCS Improvements; provided that properties and rights-of-way shall not be proscribed due to the amount ofthe Annual Fee or the facilities of a third non-government party. This provision shall not apply to any Licensed Premises for which Schedules have been executed at or prior to the effective date of amendment. III. TERM; CONDEMNATION A, Term, 1. The initial term ofthis License shall begin on the Commencement Date of this License and shall expire on the date which completes five (5) years after the Commencement Date, unless it is earlier terminated by either party in accordance with the provisions herein, The term of this License may be renewed up to three (3) additional successive terms of five (5) years each (each a "License Renewal Term") upon the written notice by Cox PCS to the City Manager of its intention to renew not less than sixty (60) calendar days prior to the commencement of the relevant License Renewal Term and, the City Manager's written approval thereof, Prior to the renewal of subsequent terms, Cox PCS and City will meet and confer regarding the Annual Fee, and each such License Renewal Term shall be at such Annual Fee as Cox PCS and City may mutually approve in good faith, Each License Renewal Term shall be on all the terms and conditions of this License, except as the Annual Fee may be adjusted herewith. 2. Subject to the overall License term set forth above, the term of any Schedule shall be as follows: A Schedule shall continue in effect for five years from said Schedule's Commencement Date, Chula Vista Final Form Nov.8, 1999 A-27 Page 10 provided that Cox PCS shall have the right to extend the Term of such Schedule for additional successive periods of five years each (the "Renewa] Term") but not beyond the end of the term of the License, including all License Renewa] Terms, The Renewal Term shall be on the same terms and conditions as the Term, Such Schedule shall be automatically extended for the Renewal Term unless Cox PCS notifies the City in writing of Cox PCS's intention not to extend such Schedule at least 90 days prior to expiration of such Schedule's Term, B, Condemnation, In any condemnation proceeding each party shall be entitled to make a claim against the condemning authority for just compensation, Sale of all or part of the Premises to a purchaser with the power of eminent domain, shall be treated as a taking by a condemning authority. IV. COMPENSA nON AND LIABILITY A. Payment. I. In consideration for the use of each Licensed Premises, Cox PCS agrees to pay City an annual fee ("Annual Fee") per Licensed Premises during the initial term of this License as follows: a, for PCS facilities that include up to seven (7) equipment cabinets and up to twelve (] 2) antennas approximately 52 inches in height, in addition to necessary transmission cables, electrical power, telephone service, and other necessary fixtures for the period from the Commencement Date of this License through December 3], 2000, in the amount of$]6,800 ($]400 per month); and/or b, PCS facilities that include only up to seven (7) equipment cabinets, in addition to necessary transmission cables, electrical power, telephone service, and other necessary fixtures for the period from the Commencement Date of this License through December 31, 2000, in the amount of $7,200 ($600 per month); and/or c, for PCS facilities that include only up to twelve (12) antennas approximately 52 inches in height, in addition to necessary transmission cables, electrical power, telephone service, and other necessary fixtures for the period from the Commencement Date of this License through December 3] 2000, in the amount of $9600 ($800 per month); and d, for each calendar year thereafter throughout the initial term, an amount equal to ]03% of the Annual Fee for the immediately preceding calendar year, 2. The Annual Fee for the first License Renewal Term shall equal the then fair market rental rate that a willing licensee would pay and a willing licensor would accept for the use of similar installation locations for similar telecommunications equipment for the same five year period (the "FMRR"). The FMRR shall be in the same amount for each ofthe Licensed Premises, Ifthe City and Cox PCS are unable to agree on the FMRR within 180 days prior to expiration or then Renewal Term of the initial term of this License, then at the request of either party, both parties shall attempt in good faith to appoint a single real estate appraiser with at least five years' experience in the area in which the Licensed Premises are located to appraise and set the FMRR, If the parties are unable to agree upon such an appraiser within 15 days after either party requests appointment, then either party can apply to the Superior Court for San Diego County for the appointment of a neutral appraiser, who shall certify that he or she has not acted in any capacity for either party within the Chula Vista Final Form Nov.8, 1999 A-28 Page 11 last three years, Within 30 days after the appraiser is selected, he or she shall investigate and report to the parties in writing his or her determination of the FMRR. During the investigation the appraiser may in his or her sole discretion choose to meet with the parties and take testimony, and may extend the time for determining the FMRR by not more than 15 days, The appraiser's determination shall be final and non-appealable, absent fraud, If Cox PCS is dissatisfied with the determination of FMRR, then Cox PCS shall have, as its sale and exclusive remedy, the right to rescind its exercise of the option to renew and allow this License and the then-existing Schedules to expire at the later of the end ofthe initial term (jfthis License or 90 days after the appraiser issues his or her report on determination of the FMRR (the "Delayed Expiration Date"). The Annual Fee during the period, if any, from and after expiration of the initial term of this License to the Delayed Expiration Date shall be the FMRR, prorated for such time period, If the FMRR is not yet determined by expiration of the initial term of this License, then Cox PCS shall pay the Annual Fee at the immediately preceding year's rate pending such determination; and promptly after such determination the parties shall adjust such payment as necessary to the Annual Fee rate as determined by the appraiser, or, if Cox PCS elects to rescind its exercise of its right to renew, City shall make a rebate as provided in Section IV.A5 below, The parties shall share equally the costs and fees of the appraiser. 3. The Annual Fee for each Licensed Premises shall commence on the Commencement Date of the Schedule respecting such Licensed Premises, initially shall be set at the rate in effect for the calendar year in which the Commencement Date for such Schedule occurs, and shall be adjusted on January 1 of each year thereafter during the term of the Schedule, Beginning January 1, 2001, according to the adjustment provisions of Sections IV, Al and 2 above, If the Commencement Date occurs other than January I, and/or if the term ofthe schedule or final schedule Renewal Term ends on a date other than December 31, the Annual Fee shall be prorated for the first and last partial calendar years during the term ofthe schedule or final schedule Renewal Term, based on a 360 day year and 12 months of30 days each. The Annual Fee shall be payable in advance on each January 1, except that any partial Annual Fee for the first partial calendar year during the term of the Schedule shall be payable in advance on the Commencement Date of the subject Schedule, 4. If payment is not received by 45 days after January 1, or the respective Commencement Date, a late fee of 5% of the balance due will be assessed in addition, interest will accrue at a rate of 6% per anum until paid, 5. If a Schedule is terminated prior to December 31 of any year for any reason other than Cox PCS's default, City shall rebate to Cox PCS the unearned portion ofthe Annual Fee for the calendar year in which termination occurs, provided that City may reduce any such rebate by (a) any termination fee owing to City under Section II. K. 3,c, above and (b) those sums, if any, due from Cox PCS under Section II,J, above. City shall pay such rebate within 60 days after the effective date of termination. Whenever Cox PCS is entitled to abatement of an Annual Fee under this License or any Schedule, City shall credit the amount of such abatement against the next Annual Fees due from Cox PCS; provided that if the amount of the abatement exceeds the total next Annual Fee (if any) due for the Premises respecting which the abatement has arisen, City instead shall rebate to Cox PCS the full abatement amount within 30 days after Cox PCS delivers to City written request for such rebate, 6, Payments shall be made to The City of Chula Vista, Finance Department, 276 Fourth Avenue, Chula Vista, CA 91910, or to such other place as City may from time to time designate by written notice to Cox PCS, Chula Vista Final Form Nov.8, 1999 A-29 Page 12 B. Service Provision. 1. Upon the commencement ofthis License, the City shall receive ten (10) Qualcomm 1920 (or the equivalent) phone packages free of charge (the "Phone Equipment") and any number of service subscriptions at Cox LP.'s government price plan, 2, The Phone Equipment is provided with the manufacturer's warranty, but without representation or warranty, express or implied, by Cox PCS or Cox LP, Without limiting the foregoing, Cox PCS and Cox LP. make no representation or warranty as to the condition, perfonnance or fitness for purpose of the Phone Equipment. City shall look solely to the manufacturer(s) of the Phone Equipment in the event of any defects, substandard perfonnance or equipment failure. No such defects, substandard perfonnance or equipment failure shall in any way constitute a failure of consideration, nonpayment of rent or default under this License, Neither Cox PCS nor Cox LP, has any obligation whatsoever to replace the Phone Equipment. 3, The service subscriptions under Cox LP.'s government price plan shall be only those services and rates which Cox LP, generally offers to governmental entities from time to time, The PCS telecommunications services offered by Cox LP, under the government price plan shall be subject to all tenns and conditions of service generally applicable to Cox LP.'s government subscribers, including but not limited to Cox LP.'s right to pennanently tenninate its government price plan, to change the rate structure in such government price plan, and to pennanently tenninate service due to the City's failure to pay amounts owing, breach of other obligations, fraud, court order or other cause, No such change in the tenns of service and no such tennination shall in any way constitute a failure of consideration, nonpayment of rent or default under this License, In the event the government price plan is discontinued, the City and Cox LP, will meet and confer in good faith to arrange another discount plan, C. Surety Bond. City shall have the right to require Cox PCS to furnish a perfonnance bond to City, to cover the faithful perfonnance by Cox PCS of its obligations under this License, If such a bond is required by City, it shall be deposited with the City; and shall not be subject to tennination or cancellation except upon ninety (90) days' prior written notice by certified mail to City; shall be in such fonn and in such amount, not to exceed $10,000, as City shall specify from time to time; and subject to tennination or cancellation as foresaid, shall be maintained in full force and effect throughout the life of this License and until City, in its sole discretion, determines that Cox PCS has fulfilled all of its obligations under this License, If Cox PCS should default in any of its obligations under this License and such default shall continue for thirty (30) days after written notice thereof, City may, by a written notice to Cox PCS, forthwith tenninate this License, according to the procedures set forth on Section ILL (Revocable Use), and in addition to any other rights and remedies hereunder, exercise its rights under the perfonnance bond, In lieu of a perfonnance bond, Cox PCS may satisfy its obligations under this Section with a cash security deposit equal to two months rent of the then monthly rent obligation for each scheduled premises, D. Hold Harmless, 1. Cox PCS shall defend, indemnify, protect and hold hannless the City, its elected and appointed officers and employees (each a 'City Party'), from and against all claims for damages, liability, cost and expense (including without limitation attorneys' fees) arising out of the conduct of the Cox PCS, or any agent or employee, subcontractors, or others acting under the direction or control of Cox PCS in connection with this License, except only to the extent of those claims arising from the sole negligence or willful misconduct of a City Party, Cox PCS's indemnification shall in- clude any and all costs, expenses, attorneys' fees and liability incurred by the City, its officers, Chula Vista Final Form Nov.8, 1999 A-30 Page 13 agents, or employees in defending against such claims, whether the same proceed to judgment or not. Further, Cox PCS at its own expense shall, upon written request by the City, defend any such claims brought against the City, its officers, agents, or employees, Cox PCS's indemnification of City shall not be limited by any prior or subsequent declaration by the Cox PCS. 2, It is agreed between the parties that the City assumes no responsibility or liability for loss, damage, expenses or claims, direct or consequential, from (a) Cox PCS'S inability to use the Licensed Premises for its intended purpose, contributed to or caused by the failure of existing facilities on which Cox PCS Improvements may be placed, inability to use the site, or otherwise, (except for breach of contract damages arising from a City breach of this License) (b) the Cox PCS'S use of any related access roads, or (C) the termination of the license by either party in accordance with this License, 3, Notwithstanding any contrary provision of this Lease, each party hereby waives any right to recover from the other party or other party's partners, affiliates, agents and employees any loss or damage resulting from any cause or hazard to the extent the loss or damage is covered by property insurance carried by the party suffering loss or damage, including any loss or damage resulting from loss of the use of any property and provided that at the time of loss the property insurers for both parties have waived rights of subrogation, These waivers shall apply between the parties and to any property insurer claiming under or through either party as a result of any asserted right of subrogation, unless any property insurer has not waived its right of subrogation (in which case these waivers shall have no effect). E. Insurance. Cox PCS shall obtain and maintain at all times during the term of this License (including the period between the expiration hereof and Cox PCS' s removal of its radios or other equipment from the Public Way) commercial general liability insurance and commercial automobile liability insurance protecting Cox PCS in an amount not less than One Million Dollars ($1,000,000) per occurrence (combined single limit), including bodily injury and property damage, and in an amount not less than One Million Dollars ($] ,000,000) annual aggregate for each personal injury liability and products-completed operations, Such insurance policies shall name the City, its council members, officers, and employees as additional insured as respects any covered liability arising out of Cox PCS's performance of work under this License. Coverage shall be provided in accordance with the limits specified and the Provisions indicated herein. Claims-made policies are not acceptable, When an umbrella or excess coverage is in effect, coverage shall be provided in following form, Such insurance shall not be canceled or materially altered to reduce coverage until the City has received at least thirty (30) days' advance written notice of such cancellation or change, Cox PCS shall be responsible for notifying the City of such change or cancellation. 1. Filing of Certificates and Endorsements. Prior to the commencement of any work pursuant to this License, Cox PCS shall file with the City the required original certificate(s) of insurance with endorsements, subject to the City's prior approval, which shall clearly state all of the following: (a) the policy number; name of insurance company; name and address ofthe agent or authorized representative; name, address, and telephone number of insured; premises name and address; policy expiration date; and specific coverage amounts; (b) that thirty (30) days' prior notice of cancellation is required to the City; and (c) that Cox PCS' s insurance is primary as respects any other valid or collectible insurance that the City may possess, including any self-insured retentions the City may have; and any other insurance the City does possess shall be considered excess insurance only and shall not be required to contribute with this insurance. Chula Vista Final Form Nov.8, 1999 A-31 Page 14 (d) City is a named additional insured. The certificate(s) of insurance with endorsements and notices shall be mailed to the City as the address specified in V,E. below: 2. Workers' Compensation Insurance. Cox PCS shall obtain and maintain at all times during the term ofthis License statutory workers' compensation and employer's liability insurance in an amount not less than One Million Dollars ($1,000,000) and shall furnish the City with a certificate showing proof of such coverage. 3, Insurer Criteria, Any bond or insurance provider of Cox PCS shall be admitted and authorized to do business in California and-shall be rated at least A- in A.M Best & Company's Insurance Guide. Insurance policies and certificates issued by non-admitted insurance compal1les are not acceptable, 4. Severability oflnterest. Prior to the execution of this License, any deductibles or self- insured retentions must be stated on the certificate(s) of insurance, which shall be sent to and approved by the City, "Additional insured", "Cross liability," "severability of interest," or "separation of insured" endorsements/clauses shall be made a part of the commercial general liability and commercial automobile liability policies. 5, Contractors' and Subcontractors' Insurance. Cox PCS shall require that all contractors and subcontractors obtain insurance meeting the criteria set forth herein and shall furnish to the City copies of all certificates evidencing such policies of insurance, 6 Insurance and Indemnification Obligation, Cox PCS's compliance with the insurance requirements herein shall not excuse, replace, or otherwise affect Cox PCS's duty to indemnify and defend the City pursuant to Section IV, D. of this License, F. Nuisance, Cox PCS shall not use the Licensed Premises in any manner which, in the reasonable opinion of the City, creates a nuisance or disturbs the quiet enjoyment of the surrounding area by persons in said area, City reserves its rights to exercise its police powers and authority as they may apply to nuisance response and abatement, as provided by City ordinance exclusive of any contract provisions. V, MISCELLANEOUS A. Possessory Interest. Cox PCS shall pay personal property taxes and possessory interest taxes, if any, assessed against Cox PCS's Improvements and City shall pay when due, if any, all real property taxes and all other taxes, fees and assessments attributable to the Premises and the applicable Schedule. Cox PCS recognizes and understands that this License may create a possessory interest subject to property taxation and that Cox PCS may be subject to the payment of property taxes levied on such interest. Cox PCS further agrees that such tax payment shall not reduce any fee paid to City hereunder and that such tax shall be paid by Cox PCS before becoming delinquent, City has no responsibility or liability for any such tax. B, Potential Utility Users' Tax Cox PCS acknowledges and agrees that the City may require users of revenue-producing services such as the Services to pay a utility users' tax ("Utility Tax") to the City pursuant to City's Municipal Code, If the City determines that the Services are subject to the Utility Tax, Cox PCS agrees to collect the tax from Service users and remit such tax to the City in accordance with the City's Municipal Code, Chula Vista Final Form Nov.8, 1999 A-32 Page 15 C. Governmental Approvals, Each Schedule under this License is conditioned upon Cox PCS, or Cox PCS's assigns, obtaining all governmental permits and approvals enabling Cox PCS, or its assigns, to construct and operate Cox PCS's Improvements for that Schedule, Cox PCS shall at its sole cost and expense comply with all the requirements of all municipal, state, and federal authorities now in effect or which may hereafter be in effect, which pertain to the Cox PCS's Improvements and use thereof. City shall have no responsibility or liability under this License for any such requirements, Cox PCS shall be responsible for obtaining any permits and approvals from any agency having jurisdiction over Cox PCS's activities. This License does not constitute governmental approval by City of this or any use, D, Governing LawNenue, This License shall be governed by and construed in accordance with the laws of the State of California. Any action arising under or relating to this License shall be brought only in the federal or state courts located in San Diego County, State of California, and if applicable, the City of Chula Vista, or as close thereto as possible. Venue for this Agreement, and performance hereunder, shall be the City of Chula Vista, E. Signs. No signs shall be displayed on the Premises without the prior written consent of the City, F, License Administrators, For administrative purposes, any activity covered by this agreement which requires permission or consent of City shall be referred to the City Manager or Manager's duly designated representative at the following address: City Manager, City of Chula Vista 276 Fourth Avenue Chula Vista, California 91910 Phone: (619) 691-5031 Fax: (619) 585-5612 The designated person, address, and phone number for serving official notice on the Cox PCS shall be: Cox PCS Assets, LLC c/o Sprint Spectrum, LP. 4683 Chabot Drive, Suite 100 Pleasanton, CA 94588 Attn: Property Management Phone: (925) 468-7800 Facsimile: (925) 468- 7810 with a copy to: Sprint Spectrum LP, 4900 Main Kansas City, MO 64112 G, Successors and Assigns. 1, Except as provided in subsection 2 below, Cox PCS shall not assign any rights granted by this License nor any interest therein without the prior written approval of the City. Approval of any such proposed assignment may be withheld in the sole and absolute discretion of the City, Except as provided in subsection 2 below, any assignment by operation of law shall automatically terminate this License. The terms and provisions Chula Vista Final Form Nov.8, 1999 A-33 Page 16 of this License shall extend to and be binding upon and inure to the benefit of any successors and assigns of the respective parties hereto. 2, Notwithstanding Section 1 above, Cox PCS may, without City's approval and in Cox PCS's sole discretion, from time to time, do any of the following: a) grant to any person or entity a security interest in some or all of Cox PCS's Improvements and/or other property used or to be used in connection with this License; b) assign or pledge Cox PCS' s interest in this License or any Schedule to any person or entity to finance Cox PCS's equipment or operate Cox PCS's business; c) sublicense any Premises to Cox L.P, or otherwise permit Cox L.P, to use any Premises as provided in this License (in which case Cox PCS's Improvements are deemed to mean the communications equipment of Cox L.P, installed on such Premises); and d) assign (i) to Sprint Corporation or to any entity which has, directly or indirectly, a 30% or greater interest in Cox PCS (a "parent") or in which Cox PCS or a Parent has a 30% or greater interest (an "Affiliate"); (ii) to any affiliate of Sprint Corporation (a "Sprint Affiliate"); (iii) to any entity with which Cox PCS, any Affiliate or Sprint Affiliate may merge or consolidate; (iv) to a buyer of substantially all of the outstanding ownership units or assets of Cox PCS, any Affiliate or Sprint Affiliate; or (v) to the holder or transferee of the Federal Communications Commission ("FCC") license under which Cox PCS's Improvements are operated, upon FCC approval of any such transfer. Any such assignment shall not be effective until the assignee signs and delivers to City a document in which the assignee assumes responsibility for all Cox PCS' s obligations under this License arising from and after the effective date of assignment. H, Non-Waiver of Breaches, The City's or Cox PCS's failure to insist, respectively, in anyone or more instances, upon strict performance of any of the covenants or conditions of this License shall not be considered as a waiver or relinquishment for the future of said covenants, terms or conditions, but the same shall continue and remain in full force and effect. I. Entire Agreement. This instrument and any Schedule added pursuant to Section LB. contain the entire agreement between the parties relating to the rights herein granted and the obligations herein assumed. No alteration or variation ofthis License shall be valid or binding unless made in writing and signed by the parties hereto. 1. Duties and Obligations Survive Any and all duties and obligations of the parties which by their sense and context are continuing obligations, including but not limited to the parties' respective obligations to indemnify under this License and Cox PCS' obligations set forth in Sections ILL and 11,1.1 &2 herein will remain operative and shall survive the term of this License and any Schedules and amendments to this License, K. Time is of the Essence, Time is of the essence in performing each and all of the terms and provisions of this License, L. Waiver of Property and Relocation Rights. Cox PCS acknowledges and agrees that this License does not confer any of the following: a property right or interest or, a right to relocation or relocation assistance. Chula Vista Final Form Nov.8, 1999 A-34 Page 17 M, Hazardous Materials. Cox PCS shall not bring any Hazardous Materials onto the Licensed Premises except for those contained in its back-up power batteries (e,g. lead-acid batteries) and properly stored, reasonable quantities of common materials used in telecommunications operation (e,g, cleaning solvents). Cox PCS shall handle, store and dispose of all Hazardous Materials it brings onto the Licensed Premises in accordance with all federal, state and local laws and regulations. "Hazardous Materials" means any substance, chemical, pollutant or waste that is presently identified as hazardous, toxic or dangerous under any applicable federal, state or local law or regulation and specifically includes but is not limited to asbestos and asbestos containing materials, polychlorinated biphenyl's (PCBs) and petroleum or other fuels (including crude oil or any fraction or derivative thereat), N, City Police Powers. Notwithstanding any provision in this Agreement to the contrary, Cox PCS acknowledges and agrees that City retains any and all police powers authority available at law or in equity to regulate the conduct of Cox PCS within the City or to otherwise act in accordance with the public health, safety and welfare of the City and that nothing in this Agreement is intended to or shall have the affect of condemning or limiting such authority in any way. o. Limitation on City Liability. Notwithstanding any provision in this Agreement to the contrary Cox PCS's sole remedies for the City's breach of the License shall be (I) termination of the License or one or more Schedules, as appropriate; (2) specific performance; injunction or other equitable relief; or (3) the right to withhold amounts otherwise due and payable to City hereunder with respect to one or more Licensed Premises; provided that the foregoing limitation on liability does not apply to (a) City's rebate obligation under Section IV,A,5 above, (b) any obligation or liability of City respecting its service subscriptions pursuant to Section IV. B, above. Except as expressly provided in the preceding sentence, in no event shall Cox PCS be entitled to monetary damages against the City for breach of contract hereunder, The Next Page is the Signature Page Chula Vista Final Form Nov.8, 1999 A-35 Page 18 IN WITNESS WHEREOF, the parties hereto have executed this License as of the date first written above, City Cox PCS - City of Chula Vista, Cox PCS Assets, LLC" a California Municipal Corporation a Delaware Company 276 Fourth Avenue Chula Vista, CA 91910 By: By: Cox Communications PCS, L.P, a Delaware LImIted partnershIp, Its only member Name: By: Title: Name: Title: Chula Vista Final Form Nov.8, 1999 A-36 COUNCIL AGENDA STATEMENT Item: Meeting Date: 11/16/99 ITEM TITLE: Resolution of the City Council of the City of Chula Vista amending the Fiscal Year 1999-2000 Budget by appropriating $13,700 to the Planning and Building Department from the available fund balance of the General Fund for professional services relating to preparation of studies for the City's Draft MSCP Subarea Plan, SUBMITTED BY: Director of Planning and Building gt!' REVIEWED BY: &;f" (4/Sths Vote: Yes]LNo-> City Manager f' i)fù ",.{ In April 1999, MNA Consulting was retained by the City of Chula Vista to draft a revised Multiple Species Conservation Program (MSCP) Subarea Plan, assist in the drafting of an Implementing Agreement, and assist in processing the draft Subarea Plan and Implementing Agreement through the public hearing and approval process. The MSCP Subarea Plan has identified the Otay River Valley and Salt Creek as a core biological resource area of very high habitat value and as a regional linkage between coastal wetlands and interior habitats. An Otay River Valley Study is to be conducted and included in the Subarea Plan to ensure that recreational uses within the proposed regional park will be compatible with conservation and management of critical biological resources and to outline future management efforts. Staff has selected the Conservation Biology Institute to conduct this study based on their biological expertise, knowledge of MSCP policies, wildlife agency concerns, and environmental community issues. Consultant services to complete the study and recommendations will require that $13,700 be appropriated from the 1999-2000 General Fund to the Planning and Building Department. RECOMMENDATION: That the City Council adopt Resolution of the City Council of the City of Chula Vista amending the Fiscal Year 1999-2000 Budget by appropriating $13,700 to the Planning and Building Department from the available fund balance of the General Fund for professional services relating to preparation of studies for the City's Draft MSCP Subarea Plan. BOARDS/COMMISSIONS RECOMMENDATION: N/ A DISCUSSION: Background The Multiple Species Conservation Program is a comprehensive, long-term habitat conservation plan which addressed the needs of multiple species and the preservation of natural vegetation communities in south San Diego County. The MSCP Framework Plan was adopted by the City f,,-J Page 2, Item - Meeting Date: 11/16/99 of San Diego and County of San Diego in 1997. It addresses the potential impacts of urban growth, natural habitat loss and species endangerment, and creates a plan to mitigate for the potential loss of "Covered Species" and their habitat due to the direct impacts of future development of both public and private lands within the MSCP study area. In 1996, Council authorized staff to forward a draft version of its MSCP Subarea Plan to the City of San Diego for inclusion into the Draft MSCP Environmental Impact Report/Environmental Impact Statement (EIRlEIS). Various policy options were contained in Chula Vista's Draft MSCP Subarea Plan the most important of which was the inclusion of a university site within the Salt Creek Canyon area of Otay Ranch. In April 1999, MNA Consulting was retained by the City of Chula Vista to draft a revised Subarea Plan, assist in the drafting of the Implementing Agreement, and assist in processing the draft Subarea Plan and Implementing Agreement through the public hearing and approval process. To date, MNA Consulting has worked with City staff, the Wildlife Agencies, landowners, and representatives of the environmental community to prepare the City's Administrative Draft MSCP Subarea Plan. A revised Draft Subarea Plan for full public review is anticipated by December 1, 1999. The MSCP Subarea Plan has identified the Otay River Valley and Salt Creek as a core biological resource area of very high habitat value and as a regional linkage between coastal wetlands and interior habitats. Environmental interest groups and the Wildlife Agencies have been involved with the City's drafting of its MSCP Subarea Plan and have recommended that a study be prepared and included in the City's MSCP Subarea Plan to: 1. Evaluate the biological functions and values of the Otay River Valley as it relates to planned recreational areas; 2. Support proposed modifications necessary to accommodate the university site adjacent to Salt Creek; and 3, Outline a management approach for conserving critical biological resources, Consultant Services Selection Process A variety of issues have contributed to the staff recommended selection of the consulting firm Conservation Biology Institute (CBI) to provide this Otay River Valley study. These issues include the following: 1. Completion of the City of Chula Vista MSCP Subarea Plan is a very high priority and this study has been identified as a component of the Subarea Plan. Delays in approval are anticipated to impact development in San Miguel Ranch, Otay Ranch, and Rolling Hills Ranch. 2. The MSCP Subarea Plan must be approved before the proposed Otay Valley Regional Park Concept Plan is approved. 7-r2 Page 3, Item - Meeting Date: 11/16/99 3. Environmental interest groups and the Wildlife Agencies have requested CBI provide a detailed outline identifying Multi-Habitat Planning Area goals to ensure recreational uses within the proposed Otay Valley Regional Park are compatible with conservation and management of critical biological resources, and that these goals be included in the appendix of the completed MSCP Subarea Plan. 4. City staff agreed to the recommendation to have cm conduct the study because of CBI's intimate knowledge and expertise with formulation of the MSCP; CBI is highly respected by the Wildlife Agencies; and CBI has performed satisfactorily for the City in the past. 5. The Purchasing Agent concurs with the staff recommendation for use of CBI to conduct the study. Scope of Work The CBI will provide a detailed outline identifying Multi-Habitat Planning Area goals to ensure planned land uses (including a university, recreational uses, and infrastructure) within the proposed Otay Valley, east of Heritage Road, are compatible with conservation and management of critical biological resources. The detailed Scope of Work includes the following: 1. Review existing information for the study area, including the Otay Ranch Resource Management Plan, Otay Valley Regional Park Concept Plan, WRT plan for area west of Heritage Road, Dudek trunk sewer study, MSCP database, Chula Vista Subarea Plan and map, infrastructure maps, and other materials provided by the City. 2. Attend one joint kickoff meeting with the wildlife agencies, the City, and environmental community representatives to discuss existing and proposed land uses within and adjacent to the study area and to discuss resource conservation goals for the study area. 3. Conduct a site reconnaissance of the study area (up to two days if needed). For this task, the City GIS staff will provide 1996 digital ortho quadrangle maps, maps of vegetation and species, and MHPA boundaries for the study area. Consultant will work with City staff to develop maps. The City will be responsible for gaining access permission to the properties. The purpose of the field reconnaissance will be to: a. Evaluate the existing biological resources relative to existing and proposed land uses. b. Evaluate existing or proposed preserve functions. Generally map functional units of the study area, such as Salt Creek, Wolf Canyon, north slope of Otay River Valley east of SR-125, south slope of Otay River Valley west of SR-125. The functional units will generally represent bio-geographic areas with specific resource protection goals. 9--3 Page 4, Item - Meeting Date: 11/16/99 c. Identify potential areas for restoration, 4. Review the environmental documentation on the proposed access road alignment across Salt Creek, that will serve to connect portions of a proposed university site, and the proposed Salt Creek Sewer Interceptor alignment presently being designed within Salt Creek. Integrate recommendations on how to minimize impacts of these two infrastructure proposals into the study. 5. Develop a detailed outline for Phase 2 of the study, which is a report evaluating the biological values of the Gtay River Valley. The outline will be organized by functional units of the study area and will identify topics to be discussed in the Phase 2 report. 6. Meet with the City of Chula Vista, Endangered Habitats League and wildlife agencies to review comments on the outline. Revise the outline to reflect comments from the meeting. FISCAL IMPACT: The resulting fiscal impact would be an amendment to the Fiscal Year 1999-2000 budget to appropriate $13,700.00 from the available funds balance of the City of Chula Vista General Fund to the Department of Planning and Building for completion of the Conservation Biology Institute contract. H:\HOME\PLANNING\CHRISTINA \CASll1699,doc c¡-ý Resolution No. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING THE FISCAL YEAR 1999-2000 BUDGET BY APPROPRIATING $13,700 TO THE PLANNING AND BUILDING DEPARTMENT FROM THE AVAILABLE FUND BALANCE OF THE GENERAL FUND FOR PROFESSIONAL SERVICES RELATING TO PREPARATION OF STUDIES FOR THE CITY'S DRAFT MSCP SUBAREA PLAN WHEREAS, on April 13, 1999, City Council approved Resolution No. 19430 for MNA Consulting to prepare the City's Multiple Species Conservation Program (MSCP) Subarea Plan; ~ and WHEREAS, the MSCP Subarea Plan must be approved by all interested parties before the proposed Otay Valley Regional Park is approved; and WHEREAS, delays in the MSCP approval will also impact development in San Miguel Ranch, Otay Ranch and Rolling Hills Ranch; and WHEREAS, environmental interest groups and the Wildlife Agencies have recommended the Conservation Biology Institute provide a detailed outline identifying Multi-Habitat Planning Area goals to ensure recreational uses within the proposed Otay Valley Regional Park are compatible with conservation and management of critical biological resources, and that this report be included in the appendix of the completed MSCP Subarea Plan; and WHEREAS, City Staff agreed to the recommendation to have Conservation Biology Institute conduct the study because of the consultant's intimate knowledge and expertise with formulation of the MSCP, the consultant is highly respected by the Wildlife Agencies, the consultant has performed satisfactorily for the City in the past, and WHERAS, the City Purchasing Agent concurs with the selection of Conservation Biology Institute; and WHEREAS, this request was not anticipated and therefore not appropriated or included in the Planning and Building Department Fiscal Year 1999-2000 budget. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista does hereby amend the Fiscal Year 1999-2000 budget by appropriating $13,700 from the available fund balance in the General Fund to the Planning and Building Department for the referenced contract. Presented by Approved as to form CL YA~~ ~ Robert A. Leiter John M. Kaheny Planning and Building Director City Attorney 9-;- COUNCIL AGENDA STATEMENT Item I tJ Meeting Date 11/16/99 ITEM TITLE: Resolution Declaring City's intention to underground overhead utilities along Orange A venue from Fourth A venue to Palomar Street and setting a public hearing for the formation of Utility Underground District Number 130 for January 11, 2000 at 6:00 p,m. SUBMITTED BY: Director of Public Workspf ~ I' ,;/ REVIEWED BY: City ManagerJ1 v~ (4/5ths Vote: Yes_No..x) ,f~' A public hearing was conducted before the City Council on September 1 and 15, 1998, at which time the City Council approved the ordinance (Ordinance No.2746) adopting the new Franchise Agreement with SDG&E during its second hearing. Part of this agreement involves the allocation of the California Public Utilities Commission (CPUC) Rule 20A Funds for constructing the Utility Underground Conversion Projects shown in Exhibit" A. " The next round of utility underground conversion projects, as approved in the new Franchise Agreement, is scheduled for the year 2000. Orange A venue from Fourth A venue to Palomar Street is one of three projects scheduled for completion in the year 2000. RECOMMENDATION: That Council approve the resolution declaring the City's intention to underground overhead utilities along Orange A venue from Fourth A venue to Palomar Street and setting a public hearing for the formation of Utility Underground District Number 130 for January 11, 2000 at 6:00 p,m. BOARDS/COMMISSIONS RECOMMENDATION: Not applicable. DISCUSSION: The adoption of the new Franchise Agreement with SDG&E Company allocates CPUC Rule 20A Funds for constructing the following Utility Underground Conversion Projects in the year 2000: 1. Orange Avenue from Fourth A venue to Palomar Street 2. Broadway from "C" Street to "E" Street 3. Fourth Avenue from "H" Street to "L" Street The subject section of Orange Avenue is currently scheduled to be the first conversion project for the year 2000. This project should be started soon to allow the Capital Improvements Program (CIP) Project (STM228), at the north side of Orange Avenue between Fourth and Fifth Avenues, to commence as scheduled in FY99/00. Construction of this CIP project will depend on the proposed undergrounding schedule, On June 8, 1999, representatives of the Underground Utility Advisory Committee (UUAC), consisting of representatives of SDG&E, Pacific Bell, Cox Communications, Chula Vista Cable, and /¿J --I Page 2, Item- Meeting Date 11/16/99 the City, held a "walk-thru" of the site to determine the proposed boundary of the underground utility district for the conversion of existing overhead utilities. The proposed boundary is shown on attached Exhibit "B." The UUAC representatives agreed to propose to the City Council the formation of a utility undergrounding district for the conversion of overhead utilities along the subject section of Orange Avenue, The proposed utility undergrounding district is about 1,350 feet long (See Exhibit "B") and will cost approximately $440,000. Undergrounding of overhead utilities has been completed east and west of the proposed district. The Average Daily Traffic (ADT) counts on Orange Avenue from Palomar Street to Fourth Avenue varies between 7,750 and 8,700. Staff recommends the formation of this conversion district along this section of Orange Avenue because: 1. Orange Avenue is a major east/west thoroughfare in the southern portion of Chula Vista. The undergrounding of existing overhead utilities will contribute to the creation of an aesthetically pleasing major street. 2. The subject section of Orange Avenue is classified in the General Plan's Circulation Element as a four-lane major street. 3. Undergrounding of the overhead utilities in this section of Orange Avenue will complete the only remaining portion of Orange Avenue that is not undergrounded. 4. The proposed CIP Project (STM228) along the north side of Orange Avenue between Fourth and Fifth Avenues is scheduled for FY 1999/00. This CIP project will involve the installation of curb, gutter, sidewalks and other improvements, All underground conduits and other utilities must be in place before the final improvements are installed. Therefore, the conversion project is scheduled to coincide with said CIP Project. Section 15.32.130 of the Chula Vista Municipal Code requires the City Council to set a public hearing to determine whether the public health, safety, and general welfare requires the under- grounding of existing overhead utilities within designated areas of the City to give persons the opportunity to speak in favor of or against the formation of a proposed district to underground utilities. The purpose of forming the district is to require the utility companies to underground all overhead lines and to remove all existing wooden utility poles within the District and to require property owners to convert their service connections to underground. Three dusk-dawn lights and two wooden poles at the Orange Tree Mobile Home Park are proposed to be removed, Dusk-dawn lights are strictly serviced from overhead lines only and not from any underground source, The dusk-dawn lights and the poles are owned by SDG&E Company and are rented to the property owners. The utility pole located west of Crann Avenue on the north side will be moved inside the EI Mirador Trailer Court if SDG&E can get an easement from the property owner. If the easement is not granted, then this pole will be excluded from the district and pole removal will happen when the owner develops their property. Another set of overhead wires running /tJ~2 Page 3, Item- Meeting Date 11/16/99 north to south over Orange Avenue will be removed and the wires will terminate on an "end" pole inside the Orange Tree Mobile Home Park. However, the possibility of these overhead wires staying depends on whether a guy wire anchor can be located inside the mobile home park. The guy wire anchor will support the tension from the weight of the wires and will hold the "end" pole in place. The conversion work required from the property owners will involve the trenching, backfilling and installation of conduits from property line to the point of connection, Chula Vista City Council Policy No. 585-1 established a mechanism that helps property owners with the cost of the conversion work from the distribution lines to the structure. This policy provides for the reimbursement of property owners at a rate of $30 per foot of trenching (up to 100'). The approximate reimbursement amount to each of the affected properties in the district is shown in Exhibit "c." Each reimbursement amount to the property owners will be adjusted based on the actual trenching footage constructed. The reimbursement amount is currently estimated to be $10,000 and is included in the overall cost estimate of $440,000, Approval of this resolution will set a public hearing to be held during the City Council meeting of January 11,2000 at 6:00 p.m., in accordance with Section 15.32.130 of the Municipal Code for the formation of this district. Section 15.32.140 of the City Code requires the City Clerk to notify all affected persons and each utility company of the time and place of the public hearing at least 15 days prior to the date of the public hearing. Notice is to be given by mail to all property owners and occupants of property located within the boundaries of the proposed district. The City Clerk is required by said section of the Code to publish the Resolution of Intention, setting the public hearing in the local newspaper no less than five days prior to the date of the public hearing. FISCAL IMPACT: The cost of pole removal, undergrounding overhead facilities and private property conversion reimbursements as outlined above is estimated to be approximately $440,000. SDG&E's allocation funds (Rule 20-A) will cover the estimated cost of the project. All staff costs associated with the formation of this district are not reimbursable from the allocation funds and, therefore, are borne by the general fund. Attachment: Exhibit A - Utility Underground Conversion Projects Exhibit B - Boundary Map Exhibit C - Reimbursement Schedule File No: 0810-50-KYO78 H: \HOME\ENGINEER\AGENDA \99A- Ul30. RDJ /iJ~ RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA DECLARING CITY'S INTENTION TO UNDERGROUND OVERHEAD UTILITIES ALONG ORANGE AVENUE FROM FOURTH AVENUE TO PALOMAR STREET AND SETTING A PUBLIC HEARING FOR THE FORMATION OF UTILITY UNDERGROUND DISTRICT NUMBER 130 FOR JANUARY 11, 2000 AT 6:00 P.M. WHEREAS, Chapter 15.32 of the Chula vista Municipal Code establishes a procedure for the creation of underground utility districts and requires as the initial step in such procedure the holding of a public hearing to ascertain whether public necessity, health, safety, or welfare requires the removal of poles, overhead wires and associated overhead structures and the underground installation of wires and facilities for supplying electric, communication, or similar or associated service in any such district; and WHEREAS, on June 8, 1999, an Underground utility Advisory Committee (UUAC) meeting was held at the site to determine the proposed boundary of an underground utility district for the conversion of existing overhead utilities along Orange Avenue from Palomar Street to Fourth Avenue; and WHEREAS, it has been recommended that such an underground utility district, hereinafter called "District", be formed. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula vista as follows: 1. NOTICE IS HEREBY GIVEN that a public hearing will be held in the Council Chambers of the City of Chula vista at 276 Fourth Avenue in said City on Tuesday, the 11th day of January, 2000, at the hour of 6:00 p.m., to ascertain whether the public necessity, health, safety or welfare requires the removal of poles, overhead wires and associated overhead structures and the underground installation of wires and facilities for supplying electric, communication, or similar associated service in the District hereinabove described. At such hearing, all persons interested shall be given an opportunity to be heard. Said hearing may be continued from time to time as may be determined by the City Council. 2. The city Clerk shall notify all affected property owners as shown on the last equalized assessment roll and utilities concerned of the time and place of such hearing by mailing a copy of this resolution to such property owners and utilities concerned at least fifteen (15) days prior to the date thereof. 1 /tJ /'1 3. The area proposed to be included in the District is as shown on Exhibit A attached hereto and made a part hereof by reference. Presented by Approved as to form by John P. Lippitt, Director of Public Works H,\home\lorraine\rs\uudph.130 2 /tl .~~ CITY OF CHULA VISTA EXHIBIT "A" UTILITY UNDERGROUNDING PROGRAM UTILITY UNDERGROUNDING PROJECTS TO BE COMPLETED BY END OF 1999: DISTRICT STREET LIMITS NUMBER E Street Broadway to Toyon Lane 123 Main Street Industrial Boulevard to Third Avenue 126 IOtay Lakes Road Ridgeback to Apache Drive 129 IPalomar Street 1-5 to Industrial Boulevard 127 FUTURE UTILITY UNDERGROUNDING PROJECTS TO BE COMPLETED IN 2000: ESTIMATED STREET LIMITS COST Broadway "C" Street to "E" Street $513,000 Fourth Avenue "H" Street to "L" Street $1,000,000 Orance Avenue Palomar Street to Fourth Avenue $440 000 TOTAL $1,953,000 FUTURE UTILITY UNDERGROUNDING PROJECTS TO BE COMPLETED IN 2001: ESTIMATED STREET LIMITS COST Otay Lakes Road Bonita Road to Camino Del Cerro Grande $2,250,000 TOTAL $2,250,000 FUTURE UTILITY UNDERGROUNDING PROJECTS TO BE COMPLETED IN 2002: ESTIMATED STREET LIMITS COST Fourth Avenue "L" Street to Orange Avenue $1,150,000 'L" Street Monserate Avenue to Nacion Avenue $340,000 'L" Street Broadway to Third Avenue $700,000 TOTAL $2,190,000 FUTURE UTILITY UNDERGROUNDING PROJECTS TO BE COMPLETED IN 2003: ESTIMATED STREET LIMITS COST Otay Lakes Road Camino Del Cerro Grande to Ridaeback Road $2 1oO 000 TOTAL $2,100,000 FUTURE UTILITY UNDERGROUNDING PROJECTS TO BE COMPLETED IN 2004: ESTIMATED STREET LIMITS COST "J" Street East of Broadway to Third Avenue $700,000 "J" Street East of Nacion Avenue to West of Lori Lane $290,000 "J" Street Third Avenue to First Avenue $475,000 TOTAL $1,465,000 (home\... \advplan\uudist\UUDSCHEDWB1) /¿:J-¿' JULY 27,1998 V1 < ð V1 ffi~ ..... N UTILITY UNDERGROUNDING DISTRICT NO. 130 W~E Orange Ave Palomar St to 4th Ave UNDERGROUND DISTRICT BOUNDARY /tJ/ 71 . 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Þ C»i3A1 a ~ UI < 15'-i5;;:: ~ z m » ~-i m L» Z ,» j; ~ C ~ m :I: ~ A A A ~ ~ ~ ~ ~ ~ ~ 0 ~ W W W W A ~ ~ ~ 0 ~ A œ 0 ~ ~ ~ ~ ~ m ~ ~ a a a ~ œ 0 a am» m AI AI AI W 0 -i AI AI Q Z ~ » » » I AI ~ »» AI ~ Z Z Z Z ~ ~ AI Z Z ~» ~ ~ ~ ~ ~ Z ~ ~ ~ 0 ~ S »»»»»<»»~' 0 0 ««;¡j,m« 8~~ ~ ,mm,m,m, omm m~Z > 0 0 0 0 0 I 0 0 m z I I I I Ie e I I OAl 0 ;II! E eeee 'ee ,IUI c , , , , );: » " me» 9 » » »» <»» "c ø < < < < $ 00 < < 0» c ð 00 00 00 00 ~ -i» 00 00 » $ ~ m ~ -i -i -i -i» -i -i La w m X > » » »» 0»» -i UI ~ ~ 0 0 00 Q » 0 0 Z ~ UI æ ~ » » » » ~ ~ »» Q 0 - ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ õ ~ ~ ~ ~ ~ ~ ~ ~ ~ : ç/"~ )()-O ~ COUNCIL AGENDA STATEMENT Item II Meeting Date: 11/16/1999 ITEM TITLE: A) Resolution Approving Final Map of Chula Vista Tract No. 96-04, Otay Ranch, Village One, for Neighborhood R-12. Accepting on Behalf of the City of Chula Vista General Utility and Access Easements, Granted on said maps within said Subdivision and approving the Subdivision Improvement Agreement for the completion of improvements required by said subdivision, and authorizing the Mayor to Execute Said Agreement. B) Resolution Approving the Supplemental Subdivision Improvement Agreement for Tract No. 96-04, Otay Ranch Village One, Neighborhood R-12, requiring Developer to comply with certain unfulfilled conditions of Resolution Number 18398 and authorizing the Mayor to Execute Said Agreement. SUBMITTED BY: Director of Public Works rptI REVIEWED BY: City Manager &t;'J-1... (4/5ths Vote: Yes_NoX) The tentative map for Otay Ranch, Village One and a portion of Village Five (CVT 96-04) was approved by the Council on November 19, 1996. Centex Homes requests that the City Council consider the approval of a Final "B" Map for Neighborhood R-12 within Village One, together with the associated agreement for the "B" Map. Neighborhood R-12 totals 83 single family units. BOARDS/COMMISSIONS RECOMMENDATION: Not applicable. RECOMMENDATION: That Council approve the Resolutions: A) approving the Final "B" Map and the "B" Map Subdivision Improvement Agreements; and B) the Supplemental Subdivision Improvement Agreements associated with these Final "B" Maps for Village One of the Otay Ranch Project. DISCUSSION: On November 19, 1996, by Resolution No. 18398, the City Council approved a portion of the Tentative Subdivision Map for Chula Vista Tract 96-04, Otay Ranch SPA One including all of Otay Ranch Village One. On June 16, 1998, the City Council approved the Otay Ranch Village One "A" Map by Resolution 19043 and the Supplemental Subdivision Improvement Agreement for that map by Resolution 19044 ("A" Map Agreement). The Final "A" Map created "superblock" lot 18 corresponding to Tentative Map Neighborhood R-12. Neighborhood R-12 is located south of East Palomar Street between Woodville Avenue and La Media Road in the McMillin Lomas Verdes Project. This neighborhood is the sixth in the series of "B" Maps within Village One, SPA One. The owner/builder of this Neighborhood, Centex Homes, has executed a Subdivision Improvement Agreement and has provided bonds to guarantee the construction of the public improvements within this subdivision. A Supplemental Subdivision Improvement Agreement has been executed by the owner and Otay Project, LP., the Master Developer of Otay Ranch, Village One. The supplemental agreement addresses off-site improvements within the adjacent public streets and those /J-/ Item: Meeting Date: 11/16/1999 public improvements identified in the Public Facility Finance Plan that are triggered by the approval of these final maps. The final map for this subdivision has been reviewed by the Public Works Department and the Planning and Building Department and found to be in substantial confonnance with the approved Tentative Map. The approval of the map and associated agreements constitutes acceptance by the City of all assignable and irrevocable general access and utility easements granted thereon. The Developer has secured its share of the development portion of the Park Acquisition and Development (PAD) fees for SPA One neighborhood and community parks. The Developer has previously submitted an Irrevocable Offer of Dedication of Fee Interest for its portion of the land acquisition obligation for community parks with the approval of the first fmal "B" Map in Village One (Neighborhood R-3, approved 10/6198, Resolution No. 19210). The Telegraph Canyon Drainage Basin DIF in the amount of $65,630.81 has been paid, The Developer has bonded for and agrees to complete all on and off-site street improvements required for the approval of these "B" Maps within two years following map approval, or sooner if construction pennits for the required improvements have been issued. All other applicable tentative map conditions have been met. The conditions of approval of Resolution No. 18398 (Tentative Subdivision Tract No. 96-04) that are satisfied by the Supplemental Subdivision Improvement Agreements (SSIA) are as follows: Nos. 1, 3, 4, 5, 8, 9, 10, 11, 21, 22, 27 and 1O3(e). The complete list of conditions of approval are included as Schedule 1 of the SSIAs which is included as an attachment to the SSIA Resolution. None of the provisions of the SSIAs included therein are considered to be substantive changes from the tentative map conditions. FISCAL IMPACT: None to the City. Developer and/or builder has paid all costs associated with the proposed "B" Maps and all Agreements associated therewith. Attachments: 1. Minutes of 11/19t96 (Resolution No, 18398) 2, Plats - Otay Ranch Village 1, Neighborhood R-12 H:\HOME\ENGINEER\AGENDA\OR-12 BMAP.doc RT/rt File No, 0600-80-0RI53F //-- c7 Minutes !'\ovember 19, 1996 ATTAC:Ðv[!=':\T 1 Page 4 Tnis œing the tim~ and place as advenised. the public bea..-mg was åeclareè open, . Rod Davis, 133 Founh Avenue, Chula Vista, CA, representing the Chula Vista Chamber of Commerce, supponed the abatement. The Chamber asks that Council and staiï jook intO this issu:: next year in terms of competitiveness, because it is sometimes nor enough to maintain the rate ii everyboày eis~ lowers theirs, There is a risk of losing businesses because it suddenly becomes cheaper to move next door. Councilmember Rindone stated whether the business license is maintained, raised or lowered, the current scenario limits the Council in realistic options. He requested bringing back the master fee schedule for 1998 to reflect the proposed rates of 1992, which is the first year it was abated. He requested Staff nOt only consider the abatement neXt year, but to consider revamping so if there is an adjustment and a significant business up-rum, there is an option for Council to reflect it in a modest rate adjustment. RESOLtrrION 18501 OFFERED BY COUNCll..MEMBER RINDOJ\'E, reading of the text was waived, title read, passed and approved unanimousl~', (11/19t96) 10. PUBLIC HEo\RINCi ZA V-96-1:!¡ APPEAL FROM "'..."""'" rrrrrrrrrr PL~"'Ð\'lNG COMMISSION DENIAL OF A REQUEST FOR A V ARL~1'IlCE TO INCREASE THE HEIGHT OF A ROOITOP SIGN FROM 35 FEET TO 42 FEET FOR THE COMMERCIAL BUll..DING LOCATED AT 396 "E" STREET IN THE C-T mOROUGHFARE COMMERCIAL ZONE - MARTIN ALTBAUM - Tnis is an app-:.al from th~ Planning Commission's denial of a requ::st io, a va.."'Ían:::: to allow the construction of a rooftop sign to 42 ieet in height for the commercial building lo::ated at 396 "E" Street, within the C- T Thoroughfare Commercial zone. The C- T zone limitS the height of rooftop signs to 35 feet above grade. At the reQuest of the a t t rho b c tinued to the ee'.. of "t t 6. (Director of Planning) (11/19/96) MSC (HortonlAJevy) to continue to the meeting of 12/10/96, approved 4-0-0-1 with Rindone abstaining. (11/19/96) 11.A. RESOLUTION 18416 APPROVING A RESOURCE ##### CONVEYA.~CE AGREEME:I\'T FOR THE OTAY R<\.1'IlCH SPA ONE, 1RACT 96-04 - (This is a related item. but does not reQuire a Dublic hearin~) (11/19/96) B, RESOLUfJON 18417 APPROVING AN IND£1\.ß'IDCATION OJ""......... rrrrrrrrrr AGREEMENT WITH VILLAGE DEVELOPMEJ\'T FOR TRACT %-{)4 - (Thi.. i.. a related item. but does not reQuire a public hearin~) 01/19t96) ~ C. PUBLIC HEARING PCS 96-04: CONSIDERATIO!'\ OF A ............"" rrrrrrrrrr REVISED TE.'\'TAm~ SUBDIVISION MAP FOR THE OTAY R~"'CH SPA ONE, TRACT 96-04 GE.'\'ERALLY LOCATED SOUTH OF TELEGRAPH CA.'\ì'ON ROAD BETWEEN PASEO RANCHERO AND THE FUTURE SR-125 ALIGNMEI\'T AND EXCLUDING 288 ACRES IN ASSESSOR PARCEL !\TUMBER (APN) 642..{)60-11 AND A PORTION OF APN 642-080-11 - Adopt a S~cond Addendum to FEIR 95-01 and recenify FEIR 95-01 and the First Addendum for the Otay Ranch SPA One and Tentative Subdivision Map for Village One and Phase I-A of Village Five of the Otay Ranch SPA One, Chula Vista Tract 96-04, in accordance with the ìmàings and subject to the conditions contained in the draft resolUtion. Staff recommends approval of the resolutions. (Otay Ranch Manager) Continued from the meeting of 11/12/96. (11/19/96) D. RESOLUfJON 18398 .illOPTING THE SECO!\1> )/-3 MinUtes ~ovember 19. 1996 Page 5 ##### ADDENDUM TO AND CERTIFYING FINAL E1\"trmONME."'TAL IMPACT REPORT FEIR 95-01 (SCH #95021012) A. "ill FIRST ADDENDUM READOPTING THE ST A ~T OF OVERRIDING CONSIDERATIONS AND THE MITIGATION MONITORING AND REPORTING PROGRAM FOR THE FEIR AND APPROVING A REVISED 1'ÐoI'T A TIVE SUBDMSlON MAP FOR PORTIONS OF THE OT A Y RANCH SPA ONE, CHULA VISTA TRACT 96-04, AND MAKING THE NECESSARY FINDINGS AND CO1\"'TINUING ALTERNATIVE TENTATIVE MAP PROPOSALS 01/19/96) Jerry Jamriska, ata)' Ranch Special Projects Manager, gave a presentation regarding the Otay Ranch development. Councilmember Rindone asked why was Section 7.1 of the agreement changed to reflect the B Map level, as iI was nO! recommended for any other developer. Ann Moore, Acting City Anorney, said that condition of the development agreement was tied to the conditions of the tentative map approval, such as Condition 108, which works hand in hand with one another, Bonding is required when the improvements are niggered by the PFFP. Mr. Jamriska stated the improvement phasing schedule required to be submitted will identify all of the backbone facilities, and before the City Engineer approves the fIrst fmal B map, that condition will identify all the required backbone facilities, as well as a plan for the fmancing. Tne backbone facilities would nOt be triggered by the conveyance of those lots to a different property owner. Tne trigger points for the backbone facilities œcur when the fmal B map is requested, John Lippin, Director of Public Works, gave an example of EastLake Greens, that they came in with an overall A map for the backbone streets and some of the backbone facilities. They were required to bond for those streets within their facilities and were required to provide some off-site improvements. The City would have the right to withhold building permits if they weren't done, and it was to conform with our level of service ordinance and the growth management ordinance. Those wouldn't have to be bonded until such time as they were approaching those thresholds. Mayor Honon didn't believe there was ever an effort to have the primary land owners or developers sell at a particular stage, and as to what is currently being proposed, there was never a movement to do that with Eastlake or Rancho del Rey, so it may nOt apply in this situation. She stated the concern was addressed in the report when it talked aboUt the different stages; however, it is her understanding that staff incorporated the protections that the facilities will be built. Ms, Moore said Section 7,1 shifts the bond requirement to the master builder, that they will be responsible for all the backbone facilities regardless of the merchant builder. There would be a number of issues and concerns if we were to require merchant builders coming in with small projects to build or construct major backbone facilities. Section 7,1 puts it back to the master builder for their responsibility, and it is her understanding that bonding for the backbone facilities has occurred at the A map stage, In this case, it's being done at the B map stage, except for two improvements that are listed in Condition 108. Councilmember Moot asked if the merchant builàers would proviàe the bonding or would Village Development obtain the bonding before the CiIy allows a sale to the merchant builders. Mr, J amriska said there were four basic items that needed to be bonded prior to me fITst phase of me backbone facilities, and it is anticipated it will be the requirement of the master builders, All subsequent backbone facilities will probably fall upon the burden of either the master builder and/or the merchant builders. Councilmember Padilla didn't think there was a distinction there and as far as breaking down what the obligation level would be at the guest builder level. You either have a complete obligation to guarantee 100 percent of the backbone facilities at the A map stage or you have 100 percent transfer or relief of that obligation to the successors in imerest. //- 1/ MinUtes N ovemb-..r 19, 1996 Page 6 Ms. Moore said the bonding is the saÙ:st guarantee me City :an have, anà having me bonding at the A map stage is a more secure position for the City than doing it at later stages, Mr, Lippin said it was staff's opinion as long as mere was a condition in there, they can't do any B maps or any developments because this has to be resolved. It is a shift in time, bUt not a shift in development Staging betWeen Maps A and B, . Councilmember Rindone said if we change the time sequence of this and there is some question of responsibility thAt when a mercham builders comes in and cannot afford that, the master builœr deesn't have the responsibility. He did nOl hear the assurance that the City increased its protection. because the merchant builders will not have the resources the master builders would have, Mayor Honan said it was her understanding from the staff repon thaI it is the sole responsibility of Otay Ranch Ltd., or its successors in interest, to provide or finance the COSt of the backbone facilities required in any [mal map. including both A and B maps. Ms. Moore said it was COITect and what staff could do to clarify it would be to insen specific language in Section 7,1 that staœs they shall provide the bonding. Councilmember Padilla asked what were some of the pOtential issues if the City allowed the bonding to be at the B map stage, as opposed to the A map stage, Ms, Moore said if you require the bonding at the A map stage, you have the bonding up front. If something were to happen to the master builder, we would have the bonding to go after in order to construct the improvements. If we wait until later Stages, even though there is that provision in the agreement that deals with its successors in interest, there is always the potential thAt we might not b-.. able to get the master builder to actually construct the backbone facilities, and we won't have bonding at thAt point because it was done at a later stage in development. We would then try to go to the merchant builder, which would be difficult to have the merchant builder actually construct major backbone facilities. Councilmember .AJevy said in reading the minUtes of the Planning Commission, Councilmember-elect Mary Salas expressed the specific concerns that the master builder is forever obligated to do the backbone infrastructure should they not survive lienholders to become obligated to the backbone infrastIUCmre, etc. and the timing is the issue we're talking about, but the reality is that the master builder is required to be able to bond to do that, Councilmember Rindone said the requirements of funding the backbone facilities is a greater risk, In order to try to compensate thAt risk, we've pUt other safeguards in the agreement, Council has the responsibility to ensure thAt the backbone facilities are built. He did not see why the old rules were changed. because they worked well and provided adequate safeguards. He said the bonom line is that with the size of the Otay Ranch and the projected buildout, we don't have the assurance from the very frOnt that the backbone infrastrucrures are in place, and it will set the wrong tone for this development. If we had required the bonding at the very beginning as done in the past, we would.n' t have to come up with all of these conditions. Ms. Moore said according to the development agreement, if language is added to specifically deal with bonding, it would require Village Development, and its successors in interest, to provide the bonding. There is also a provision in the agreement thAt talks about subordination so it requires the lenåers to subordinate to the development agreement. It is not the same as having the bonding up from, but there is a provision that holds Village Development to provide the facility and the bond. Councilmember Padilla said this issue presented itself at the request of Village Development. There is a reason economically why they want to be able to sell off parcels withoUt making the guarantees up from on this size of a SPA or at the A Map stage, but the question is whether that is what Council wants, Tne question here is this was changed at the request of the applicant. there are reasons for that and the question for Council is whether or not when we get //~ ~5 MinUtes November 19, 1996 Page 7 to Ûle development agreement and we look at Ûle tentative maps, whether we will be satisfied, and we have enough comfon with this level of a guarantee, There Ï!; no question that the manner in which staff is recommending is less security to the City than if we required the bonds at the A map stage. 8 Kim Kilkenny, 11975 E1 Camino Real, San Diego, CA, representing Village Developments, stated that City staff and Village Development staff put a lot of time to ensure the problems that occurred in St. Claire are not experienced in Otay Ranch. Village Development is seeking to provide security consistent with the PFFP, and that is when a phase of development requires an improvement in order to serve that phase, then adequate security has to be provided, The development agreement states that Village Development is the entity responsible. As a general rule when you have a tentative map approved, and that's what Village Development is seeking in this hearing, there is not an obligation in State law or Council policy that an applicant follow-up a tentative map approval with an A map, What is different abom this project is through the development agreement came a proposal from staff that Village Development be required to do an A map on the whole of the SPA, village by village. If you look at the conditions of approval, they have to be bonded at the twice their estimate, which is $160 million. If Council were to pursue the common practice of allowing Village Developments to do A maps on a lesser area, Village Developments would be willing to provide the security on the improvements associated with that lesser area. If they do an A map on the whole of the village or an A map on the whole of the SPA, then the bonding security requirements becomes burdensome because the tentative map is so large, If you look at the whole of development agreement in conjunction with the tentative map requirements, the City is assured that facilities will be built in a timely manner, the 5t. Claire experience will not re-occur, and the cost of the facilities will be equitably shared amongst all benefiting propenies in the project. Councilinember Rindone asked if staff considered Mr, Kilkenny's suggestion of the A map for a small ponion of the project to ensure the backbone facilities were pan of the A map. Councilmember MoO! stated staff's proposal was a bener guarantee for the City. Mr. Lippin replied it was correct. Staff uied to come up with a mechanism that would meet the developer' s needs and also assure the City's compliances. Richard Rosaler, Senior Planner, continued staff's presentation regarding the Otay Ranch project. This being the time and place as advenised, the public hearing was declared open, 8 William Lieberman, 852 Blac1."Wood Road, Chula Vista, CA, Director of Planning and Operations with the Metropolitan Transit Development Board, supponed the project. He expressed concerns relating to guarded entries ,and densities in the villages, 8 Rick Williams, 3130 Bonita Road, Chula Vista, with Point Builàers, spoke on behalf of West Coast Land Fund, owner of the 288-acre parcel spanning Villages 1 and 5. West Coast suppons staff's recommendation, although they would like to perhaps build the concept to defer any approvals in Village 5 until the City, West Coast. and Village Development have an opporrunity to meet and explore issues. 8 Kim Kilkenny, representing Village Development, supponed staff's. recommendation with the exception of modifying a ponion of the tentative map in Village 5 to encompass all of their ownership in Village 5. with the exception of two specific parcels, * * * Councilmember Padilla left the dais at 11:11 p.m. * * * 8 Kent Dayden, 11975 EI Camino Real, San Diego, CA, representing Village Developments, gave a presentation regarding Otay Ranch and referred to the repon by Village Development. Mr, Kilkenny concluded with me issue of the scope of the tentative map. He indicated Village Development suppons staff recommendation with me single modification that the scope of the tentative map should include Village )J-~ Minuœs ?>o;ovemœr 19, 1996 Page 8 Dev::lopments o\J.'Dership in Village 5, except for tWo parcels that immeàiately abut West Coast property which is Parcel R-29 and Parcel P-3. West Coast has previously indicated they would like to flip a school or park Onto our ownership. The portion of the propeny in R-29 and P-3 which should be excluded from the map is approximately 10 10 15 acres, an ample size to flip those kinds of uses, nO! that they are accepting or advocating that, bUt at least it provides the possibility, There being no further speakers, the public hearing was closed, Councilmember Moot expressed concern of the practical effects of delaying the bonding until the B map level. He asked what assurances were in place that the backbone infrastructures would be constructed, Mr. Kilkenny answered that the development agreement contains a statement that until released by the City Council, Village Development is obligated to provide for the backbone infrastructure. The development agreement also requires the provision of a subordination agreement by the lender on the propeny in the event they take title to the propeny, they are bound by the provisions of the development agreement, including the backbone provision. There are a couple of levels of assurances in this project. The City of Chula Vista has a very aggressive development impact fee program and each building permit that goes through the process has to pay for those development impact fees for a whole array of facilities, and the City will constantly have the flow of revenue to make sure each individual parcel pays for its fair share of the facilities, What both the development agreement and œntative map have are requirements that security be in place through bonding, but there are other mechanisIDS 10 ensure completion of the facility in a timely manner, Councilmemœr Alevy asked why the project àid not incluàe speed bumps, because it was different from the policy Council enacted in recent months, Mr. Jamriska explained the speed bumps were not provided in response 10 requests by the Fire Chief and Chief of Police who felt any impediment to the traffic flow would hinder their quick response. CmD1cilmember Alevy asked staff to address the impact of MSCP on a County-wide basis on this panicular project, and what are the impacts of Proposition 218 on this project. Mr. Lippin said one impact would be if we had the open space disuict to maintain the open space around the village. If there are gated communities, everything private within the gated community would be maintained by the homeowners' associaúon, and it would not be regulated at all by Proposition 218. For the portion probably along the slopes of Telegraph Canyon Road and Orange Avenue with issues such as drainage, those could be and probably would fall under the provisions of Proposition 218 which means the initial hearing would be set up before people moved in, If the people had already moved into the project before the assessments, there would have to be a vote. CouncÜIDember Moot expressed concern aboUt guarded communities, He àid nor favor staff's recommendation and doesn't see the big difference whether it has a gate or guard, because the concept is still the same. He could not see valid reasons to restrict any citizen in the City of Chula Vista from driving in and around this panicular area. CouncÜIDember Rindone was concerned that guaràed or gated communities sends the inappropriate message of what this project was originally conceived to be, When you have anificial barriers and even the insinuation of those barriers, even if they are guards that are not there during the day, it creates a difference sense of ambiance. We want 10 have the presence this is a good community and all parts have good protection and safety, nO! just those who can afford 10 be in the single-family or higher residential facility. He did not favor guarded communities in any form, Mayor Horron indicated that gated communities were common, and there were tWO areas in Rancho del Rey which Council did not oppose. There are mobile home parks behind gates, because it is the lifestyle the panicular mobile home parks wanted. She doesD't think it is exclusive; it is a choice and marketing tool for this project. /J-? MinUtes November 19, 1996 Page 9 Councilmember Alevy refeITed to an anicle "The Next Eåen." from California Lawver magazine that talked aboUt the benefits of having gated communiùes, Earlier this evening Council spoke at length regarding secùon 7.1 of the development agreement and the backbone infrasrructUres. and it was clear thaI Council did nOl want to create a sitUation in this development that was not required of other developments. He indicated We need to tUrn that around with respect to gates. because We have allowed gates in other pans of the City. We have private single-family residence developments with gates in both Eastlake anp Rancho Del Rey. and he stated Council should be consistent. If we are going to hold Rancho del Rey and Eastlake to the same requirements on other issues as Village Development. then we should be consistent and do the same with giving them the opportunity from a marketing standpoint to allow guarded ponions of their development, MSC (Horton/Alery') to allow gate closures from dusk to dawn, failed 2-2-1 with Moot and Rindone opposed and Padilla absent. (11119/96) MSC (AlevylHorton) to allow some facilities guarded from dusk to dawn, approved 3-1-1, with Rindone opposed and Padilla absent. (11119/96) RESOLUTIONS 18416, 18417 AND 18398 OFFERED BY COUNCILMEMBER RlNDONE, with the exception of taking the issue of the bonding separate which is Item 12, approved 4-0-1 with Padilla absent. (11/19/96) 12, PUBLIC HEARING ADOPTING OTAY RANCH ##### PRE-ANNEXATION DEVELOPMENT AGREEM:£.1\'T WITH VILLAGE DEVELOPMENT - .tul amendment to the development agreement to further guarantee infrastructUre improvements where the developer wants to create parcels for sale prior to fmalizing the final subdivision map. The amendment also addresses furore problems with regard to any debt payment that might be levied to make public improvements or should developmem be only partially completed on any panicular project due to any stoppage of work esp-"...cially due to a bankruptcy action. Staff recommends Council place the ordinance on first reading. (Deputy City Manager. PWming Director, and Otay Ranch Manager) Continued from the meeting of ll/U/96. (11/19/96) ORDINANCE 2691 AMENDING OTAY RANCH PRE-ANNEXATION ##### DEVELOPMEJ';'T AGREEMENT BETWEE.~ OTA Y RANCH, LP., A CALIFORNIA LIMITED PAR'INERSIDP, VILLAGE DEVELOP~T, A CALIFOR...l\rrA GE!\T£R...o\L PARTNERSHIP, AND THE CITY OF CHULA VISTA (first readin¡:) (11/19/96) ORDINA."NCE 2691 OFFERED BY COUNClLMEMBER MOOT, including adding the bonding language to section 7.1, approved 3-1-1 with Rindone opposed and Padilla absent. 01119/96) ORAL COMMUNICATIONS ##### . Bill Brasher, 1755 Old Gillene Avenue, Irvine. CA, representing Baldwin Builders, gave an update with the 5t. Claire Crossing development. (11/19/96) BOARD AND COMMISSION REC OMME)\1) A nONS None submitted. ACTION ITEMS 13. RESOLUTION 18494 DISSOLVING THE COUNCn.. ##### APPOINTED INTERIM BECA BOARD - On 8/22/95, Council approved an Interim BECA Advisory Board represented by 11 organizations/individuals. These organizations/individuals were recommended by staff to provide a mix of public and private entities who are stakeholders in the regional BECA alliance, The Board's contribUtions J/-~ ~~~~~ ð~ ~I~~~ 6~ \ -7J>, ----~ ~ ~ '\ ~ ~ .q\G3~.q 0- [i ~ .~ ~ ~~ ~ Ot4 7,>, ~ ~ 0 O~ ~kt ~~ s:~ . ú.i ~ g ~ Q) ~ ~ ~ ~~ d:. a.. ~ 4- ~ i.Jj ~ ~ ~~ ~ æF Õ5 ;:;.: ID C .. ~ ~ ~ ~ '<iI\ ~I~~ . o'ð 'í/\O3 I~ ~! 6~ ~ Q) c:: Oa- 0 <Y Q) ~ ~ ...... ~ ...... .... t::a. 7); .¿ 0 CJ~ ~~ ~e:; e:;. i:S).c: ~.~ O~ ~ ¡:: CO ! N ~g !z ~ ~ J: () ~ ~ ~ ~ « ~ ~---~ ~ RESOLUTION NO. RESOLUTION APPROVING FINAL MAP OF CHULA VISTA TRACT NO.96-04, OTAY RANCH, VILLAGE ONE, NEIGHBORHOOD R- 12. ACCEPTING ON BEHALF OF THE CITY OF CHULA VISTA GENERAL UTILITY AND ACCESS EASEMENTS GRANTED ON SAID MAPS WITHIN SAID SUBDIVISIONS, APPROVING THE SUBDIVISION IMPROVEMENT AGREEMENTS FOR THE COMPLETION OF IMPROVEMENTS REQUIRED BY SAID SUBDIVISIONS, AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENTS NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista hereby finds that certain map survey entitled Chula vista Tract 96-04 OTAY RANCH, VILLAGE ONE, NEIGHBORHOOD R-12, and more particularly described as follows: Parcel 2 according to parcel map thereof No. 18234, Chula Vista Tract No. 96-04 Otay Ranch, Village One in the City of Chula vista, County of San Diego, State of California, filed in the office of the County Recorder of San Diego County on April 13, 1999. Area: 14.333 Acres No. of Lots: 93 Numbered Lots: 83 Lettered Lots: 10 Open Space Lots: 1.088 Acres is made in the manner and form prescribed by law and conforms to the surrounding surveys; and that said map and subdivision of land shown thereon is hereby approved and accepted. BE IT FURTHER RESOLVED, said Council hereby accepts on behalf BE IT FURTHER RESOLVED that City Clerk be and she is hereby directed to transmit said map to the Clerk of the Board of Supervisors of the County of San Diego. BE IT FURTHER RESOLVED that that certain Subdivision Improvement Agreement dated the loth day of November, 1999 for the completion of improvements in said subdivision, a copy of which is on file in the office of the City Clerk, is hereby approved. BE IT FURTHER RESOLVED that the Mayor of the City of Chula Vista is hereby authorized and directed to execute said Agreement for and on behalf of the City of Chula Vista. Presented by Approved as to form by /" / //t: /' /, "./~~" John P. Lippitt, Director of Public Works H:\home\attorney\reso\finalmap,R12 II/! /2 2 Recording Requested by: CITY CLERK When Recorded, Mail to: CITY OF CHULA VISTA 276 Fourth Avenue Chula Vista, Ca. 91910 No transfer tax is due as this is a conveyance to a public agency of less than a fee interest for which no cash consideration has been paid or received. Declarant SUBDIVISION IMPROVEMENT AGREEMENT THIS AGREEMENT, made and entered into this day of - , 199 -, by and between THE CITY OF CHULA VISTA, a municipal corporation, hereinafter called "City", and CENTEX HOMES, 5962 La Place Ct., Suite 250, Carlsbad, CA 92008, hereinafter called "Subdivider" with reference to the facts set forth below, which Recitals constitute a part of this Agreement; RECITALS: WHEREAS, Subdivider is about to present to the City Council of the City of Chula Vista for approval and recordation, a final subdivision map of a proposed subdivision, to be known as Otay Ranch, Village 1, Neighborhood R-12 (CVT 96-04) pursuant to the provisions of the Subdivision Map Act of the State of California, and in compliance with the provisions of Title 18 of the Chula Vista Municipal Code relating to the filing, approval and recordation of subdivision map; and, WHEREAS, the Code provides that before said map is finally approved by the Council of the City of Chula vista, Subdivider must have either installed and completed all of the public improvements and/or land development work required by the Code to be installed in subdivisions before final maps of subdivisions are approved by the Council for purpose of recording in the Office of the County Recorder of San Diego County, or, as an alternative thereto, Subdivider shall enter into an agreement with City, secured by an approved improvement security to insure the performance of said work pursuant to the requirements of Title 18 of the Chula Vista Municipal Code, agreeing to install and complete, free of liens at Subdivider's own expense, all of the public improvements and/or land development work required in said subdivision within a definite period of time prescribed by said Council; and 1 )J/J~ WHEREAS { Subdivider is willing in consideration of the approval and recordation of said map by the Council { to enter into this agreement wherein it is provided that Subdivider will install and complete { at Subdivider{s own expense { all the public improvement work required by City in connection with the proposed subdivision and will deliver to City improvement securities as approved by the City Attorney; and WHEREAS, a tentative map of said subdivision has heretofore been approved { subject to certain requirements and conditions{ as contained in Resolution No. 18398, approved on the 19th day of November, 1996 ("Tentative Map Resolution"); and WHEREAS { complete plans and specifications for the construction{ installation and completion of said public improve- ment work have been prepared and submitted to the City Engineer, as shown on Drawings Nos. 99-310 through 99-316, on file in the office of the City Engineer; and WHEREAS, an estimate of the cost of constructing said public improvements according to said plans and specifications has been submitted and approved by the City in the amount of six Hundred Nineteen Thousand Five Hundred Four Dollars and No Cents ($619,504.00). NOW{ THEREFORE { IT IS MUTUALLY UNDERSTOOD AND AGREED AS FOLLOWS: 1. Subdivider, for itself and his successors in interest, an obligation the burden of which encumbers and runs with the land{ agrees to comply with all of the terms{ conditions and requirements of the Tentative Map Resolution; to do and perform or cause to be done and performed, at its own expense, without cost to City, in a good and workmanlike manner, under the direction and to the satisfaction and approval of the City Engineer, all of the public improvement and/or land development work required to be done in and adjoining said subdivision, including the improvements described in the above Recitals (" Improvement Work"); and will furnish the necessary materials therefor, all in strict conformity and in accordance with the plans and specifications, which documents have heretofore been filed in the Office of the City Engineer and as described in the above Recitals this reference are incorporated herein and made a part hereof. 2. It is expressly understood and agreed that all monuments have been or will be installed within thirty (30) days after the completion and acceptance of the Improvement Work{ and that Subdivider has installed or will install temporary street name signs if permanent street name signs have not been installed. 3. It is expressly understood and agreed that Subdivider will cause all necessary materials to be furnished and all Improvement 2 ) J;J ~r Work required under the provisions of this contract to be done on or before the second anniversary date of Council approval of the Subdivision Improvement Agreement. 4. It is understood and agreed that Subdivider will perform said Improvement Work as set forth hereinabove, or that portion of said Improvement Work serving any buildings or structures ready for occupancy in said subdivision, prior to the issuance of any certificate of clearance for utility connections for said buildings or structures in said subdivision, and such certificate shall not be issued until the City Engineer has certified in writing the completion of said public improvements or the portion thereof serving said building or structures approved by the City; provided, however, that the improvement security shall not be required to cover the provisions of this paragraph. 5. It is expressly understood and agreed to by Subdivider that, in the performance of said Improvement Work, Subdivider will conform to and abide by all of the provisions of the ordinances of the City of Chula Vista, and the laws of the State of California applicable to said work. 6. Subdivider further agrees to furnish and deliver to the City of Chula Vista, simultaneously with the execution of this agreement, an approved improvement security from a sufficient surety, whose sufficiency has been approved by the City in the sum of Three Hundred Nine Thousand Seven Hundred Fifty-Two Dollars and No Cents ($309,752.00) which security shall guarantee the faithful performance of this contract by Subdivider and is attached hereto, marked Exhibit "A" and made a part hereof. 7. Subdivider further agrees to furnish and deliver to the City of Chula Vista simultaneously with the execution of this agreement, an approved improvement security from a sufficient surety, whose sufficiency has been approved by the City in the sum of Three Hundred Nine Thousand Seven Hundred Fifty-Two Dollars and No Cents ($309,752.00) to secure the paYment of material and labor in connection with the installation of said public improvements, which security is attached hereto, marked Exhibit "B" and made a part hereof and the bond amounts as contained in Exhibit "B", and made a part hereof. 8. Subdivider further agrees to furnish and deliver to the City of Chula Vista, simultaneously with the execution of this agreement, an approved improvement security from a sufficient surety, whose sufficiency has been approved by the City in the sum of Sixteen Thousand Nine Hundred Twenty Dollars and No Cents ($16,920.00) to secure the installation of monuments, which security is attached hereto, marked Exhibit "C" and made a part hereof. 9. It is further agreed that if the Improvement Work is not 3 J/ /) ~ completed within the time agreed herein, the sums provided by said improvement securities may be used by city for the completion of the Improvement Work within said subdivision in accordance with such specifications herein contained or referred, or at the option of the City, as are approved by the City Council at the time of engaging the work to be performed. Upon certification of completion by the City Engineer and acceptance of said work by City, and after certification by the Director of Finance that all costs hereof are fully paid, the whole amount, or any part thereof not required for paYment thereof, may be released to Subdivider or its successors in interest, pursuant to the terms of the improvement security. Subdivider agrees to pay to the City any difference between the total costs incurred to perform the work, including design and administration of construction (including a reasonable allocation of overhead), and any proceeds from the improvement security. 10. It is also expressly agreed and understood by the parties hereto that in no case will the City of Chula Vista, or any department, board or officer thereof, be liable for any portion of the costs and expenses of the work aforesaid, nor shall any officer, his sureties or bondsmen, be liable for the paYment of any sum or sums for said work or any materials furnished therefor, except to the limits established by the approved improvement security in accordance with the requirements of the State Subdivision Map Act and the provisions of Title 18 of the Chula vista Municipal Code. 11. It is further understood and agreed by Subdivider that any engineering costs (including plan checking, inspection, materials furnished and other incidental expenses) incurred by City in connection with the approval of the Improvement Work plans and installation of Improvement Work hereinabove provided for, and the cost of street signs and street trees as required by City and approved by the City Engineer shall be paid by Subdivider, and that Subdivider shall deposit, prior to recordation of the Final Map, with City a sum of money sufficient to cover said cost. 12. It is understood and agreed that until such time as all Improvement Work is fully completed and accepted by City, Subdivider will be responsible for the care, maintenance of, and any damage to, the streets, alleys, easements, water and sewer lines within the proposed subdivision. It is further understood and agreed that Subdivider shall guarantee all public improvements for a period of one year from date of final acceptance and correct any and all defects or deficiencies arising during said period as a result of the acts or omission of Subdivider, its agents or employees in the performance of this agreement, and that upon acceptance of the work by City, Subdivider shall grant to City, by appropriate conveyance, the public improvements constructed pursuant to this agreement; provided, however, that said acceptance shall not constitute a waiver of defects by City as set forth 4 /J/J-~ hereinabove. 13. It is understood and agreed that City, as indemnitee, or any officer or employee thereof, shall not be liable for any injury to person or property occasioned by reason of the acts or omissions of Subdivider, its agents or employees, or indemnitee, related to this agreement. Subdivider further agrees to protect and hold the City, its officers and employees, harmless from any and all claims, demands, causes of action, liability or loss of any sort, because of or arising out of acts or omissions of Subdivider, its agents or employees, or indemnitee, related to this agreement; provided, however, that the approved improvement security shall not be required to cover the provisions of this paragraph. Such indemnification and agreement to hold harmless shall extend to damages to adjacent or downstream properties or the taking of property from owners of such adjacent or downstream properties as a result of the construction of said subdivision and the public improvements as provided herein. It shall also extend to damages resulting from diversion of waters, change in the volume of flow, modification of the velocity of the water, erosion or siltation, or the modification of the point of discharge as the result of the construction and maintenance of drainage systems. The approval of plans providing for any or all of these conditions shall not constitute the assumption by City of any responsibility for such damage or taking, nor shall City, by said approval, be an insurer or surety for the construction of the subdivision pursuant to said approved improvement plans. The provisions of this paragraph shall become effective upon the execution of this agreement and shall remain in full force and effect for ten (10) years following the acceptance by the City of the improvements. 14. Subdivider agrees to defend, indemnify, and hold harmless the City or its agents, officers, and employees from any claim, action, or proceeding against the City or its agents, officers, or employees to attack, set aside, void, or annul, an approval of the City, advisory agency, appeal board, or legislative body concerning a subdivision, which action is brought within the time period provided for in Section 66499.37 of the Government Code of the state of California. (NEXT PAGE IS SIGNATURE PAGE) 5 ///J~7 SIGNATURE PAGE TO SUBDIVISION IMPROVEMENT AGREEMENT OTAY RANCH, VILLAGE I, NEIGHBORHOOD R-12 (CVT 96 - 04) IN WITNESS WHEREOF, the parties hereto have caused this agreement to be executed the day and year first hereinabove set forth. THE CITY OF CHULA VISTA CENTEX HOMES A NEVADA GENERAL PARTNERSHIP BY: CENTEX REAL ESTATE CORP., A NEVADA CORP. IT~ART~ER Mayor of the City of Chula BRUCE N. SLOAN, DIVISION VICE PRESIDENT vista ATTEST City Clerk Approved as to form by ~¡:/ t.. /Il / ' /t/ ;!-! û/ ¿/t~ L } City/Attorney / ,/ v (Attach Notary Acknowledgment) 6 ///1 ~5 RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE SUPPLEMENTAL SUBDIVISION IMPROVEMENT AGREEMENT FOR OTAY RANCH, VILLAGE ONE, NEIGHBORHOOD R-12, AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT WHEREAS, the developer of Otay Ranch, Village One, Neighborhood R-12 has executed a Supplemental Subdivision Improvement Agreement to satisfy Conditions I, 3, 4, 5, 8, 9, 10, II, 21, 22, 27, 86 and 103(e) of Resolution No. 18398 for Tentative Subdivision Tract No. 96-04; and WHEREAS, staff has reviewed said Agreement and determined that it satisfies all the applicable tentative map conditions for final map approval and recommends Council approval. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista does hereby approve the Supplemental Subdivision Improvement Agreement for Otay Ranch, Village One, Neighborhood R-12, a copy of which is on file with the office of the City Clerk. BE IT FURTHER RESOLVED that the Mayor of the City of Chula Vista is hereby authorized and directed to execute said Agreement for and on behalf of the City of Chula vista. Presented by Approved as to form by ~"ÚL ITA ~ ~ / John P. Lippitt, Director of Jo M. Kaheny, ity Atton#y Public Works H:\home\attorney\reso\finalmap.R12 I/ß -- / RECORDING REQUEST BY: } ) City Clerk } } WHEN RECORDED MAIL TO: } } CITY OF CHULA VISTA } 276 Fourth Avenue } Chula Vista, CA 91910 } } } } } } Developer } } Above Space for Recorder's Use . SUPPLEMENTAL SUBDIVISION IMPROVEMENT AGREEMENT FOR THE SIXTH FINAL "B" MAP OF VILLAGE ONE OF THE OTAY RANCH PROJECT, NEIGHBORHOOD R-12 (Conditions: 1, 3, 4, 5, 8, 9, 10, 11, 21, 22, 27 and 103(e) of Resolution No. 18398) This Supplemental Subdivision Improvement Agreement ("Agreement") is made this day of , 1999, by and between THE CITY OF CHULA VISTA, California ("City" or "Grantee" for recording purposes only) and the signators of this Agreement, ("Developer" or "Grantor"), with reference to the facts set forth below, which recitals constitute a part of this Agreement: RECITALS A. This Agreement concerns and affects certain real property located in Chula Vista, California, more particularly described on Exhibit "A" attached hereto and incorporated herein ("Property"). The Property is part of the Otay Ranch, Village One SPA One, a master planned development. For purposes of this Agreement the term "Project" shall also mean "Property". Developer has applied for final maps for the Property, more specifically known as Neighborhood R-12. B. Otay Ranch L.P. conveyed title of the Project area to South Bay Project, LLC, a Delaware limited liability company on August 26, 1997, which in turn conveyed the Property, except for SPA One Planning Area R-20, to Otay Project, LLC, ("Otay Project"), a venture jointly owned by South Bay Project, LLC, a Delaware limited liability company and Otay Ranch Development, LLC, a Delaware limited liability company; and 1 , //ß-l- Otay Project sold SPA One Planning Area R-l to UDC Homes, DME/ AEW Land Holdings Two LLC, which conveyed to Shea Land Holdings, LLC, an Arizona limited liability company, (Shea Homes); and Otay Project sold SPA One Planning Area R-2 to Standard Pacific Corp., a Delaware corporation on January 2, 1998; and Otay Project sold SPA One Planning Area R-3 to Centex Homes, a Nevada general partnership on January 2, 1998; and Otay Project sold SPA One Planning Area R-4 to DMB/AEW Land Holdings Two LLC, which conveyed to Shea Homes (Shea Homes); and Otay Project sold SPA One Planning Area R-5 to Standard Pacific Corp., a Delaware corporation on January 2, 1998; and Otay Project sold SPA One Planning Area R-8 to Centex Homes, a Nevada general partnership on April 7, 1998; and Otay Project sold SPA One Planning Area R-6 to Trimark Pacific-LXX, LLC, a California limited liability company on July 9, 1998; and Otay Project sold SPA One Planning Area R-7 to DMB/AEW Land Holding Two LLC, which conveyed to Shea Homes (Shea Homes); and Otay Project sold SPA One Planning Area R-9 to PHI Otay Ranch Associates LLC, a Delaware limited liability company on June 26, 1998; and Otay Project sold SPA One Planning Area R-14 to PHI Otay Ranch Associates LLC, a Delaware limited liability company on June 26, 1998; and Otay Project sold SPA One Planning Area R-I0 to DMB/AEW Land Holding Two LLC, which conveyed to Shea Homes (Shea Homes); and Otay Project sold SPA One Planning Area R-12 to Centex Homes, a Nevada general partnership on July 1, 1998; and Otay Project sold SPA One Planning Area R-13 to Centex Homes, a Nevada general partnership in July 1, 1998. Otay Project conveyed the remaining portion of the project area which it owned to Otay Project loP. a California limited partnership ("Otay Project loP.") on July 30, 1999. Otay Project 2 J/ ¡J --3 is the general partner of Otay Project L.P. C. Whereas Otay Project LP. is the master developer who has obligated itself to construct public improvements under the terms of the Tentative Subdivision Map and the Re-stated and Amended Pre-Annexation Development Agreement, (Ordinance No. 2695) D. Developer and/or Developer's predecessor in interest has applied for and the City has approved a Tentative Subdivision Map commonly referred to as Chula Vista Tract 96-04 ("Tentative Subdivision Map") by Resolution No. 18398 ("Resolution") for the subdivision of the Property subject to certain conditions as more particularly described in the Resolutions. The conditions are attached hereto as Schedule" 1 " . E. City is willing, on the premises, security, terms and conditions herein contained to approve final map of the property known as Neighborhood R-12, as being in substantial conformance with the Tentative Subdivision Map described in this Agreeme~t. Developer understands that subsequent final maps may be subject to the same security, terms and conditions contained herein. F. The following defined terms shall have the meaning set forth herein, unless otherwise specifically indicated: a. For purposes of this Agreement, "Final Map" means the final map for Neighborhood R-12 ofOtay Ranch Village One, SPA One. b. "Commencing construction" means when a construction permit or other such approval has been obtained from the City or a construction contract has been awarded for the improvement, whichever occurs first. c. "Complete construction" means when construction on said improvement has been completed and the City accepts the improvement. d. "Developer" means Otay Project L.P. and any and all owners of real property within the boundaries of the Property, and all signatories to this Agreement including: i.) Otay Project L.P. ii.) ii.) Centex Homes e. "Guest builder" means those entities obtaining any interest in the Property or a portion of the Property, after the Final Map has been recorded. f. "PFFP" means the SPA I Public Facilities Finance Plan adopted by Resolution No. 18286 as may be amended from time to time. g. "RMP 2" means the Otay Ranch Resource Management Plan, Phase 2, 3 J/ß~( approved by the City Council on June 4, 1996, (Resolution No. 18286) as may be amended from time to time. h. ""A" Map Agreement" means the Supplemental Subdivision Improvement Agreement for the Village One "A" Map adopted by Resolution No. 19044. 1. "First Final "B" Map Agreement" means the Supplemental Subdivision Improvement Agreement for the Village One Neighborhood R-3 Map adopted by Resolution No. 19212. J. "Second Final "B" Map Agreement" means the Supplemental Subdivision Improvement Agreement for the Village One Neighborhoods R-l, R-2, R-4 and R-5 Maps adopted by Resolution No. 19235. k. "Third Final "B" Map Agreement" means the Supplemental Subdivision Improvement Agreement for the Village One Neighborhoods R-6, R-9 and R-14 Maps adopted by Resolution No. 19436, and Neighborhood R-8 Map adopted by Resolution No. 19434. 1. "Fourth Final "B" Map Agreement" means the Supplemental Subdivision Improvement Agreement for the Village One Neighborhoods R-7 and R-I0 Maps adopted by Resolution No. 19476. m. "Fifth Final "B" Map Agreement" means the Supplemental Subdivision Improvement Agreement for the Village One Neighborhoods R-13 Map adopted by Resolution No. 19558. n. "Community Association" means the Otay Ranch Village One Community Association as defined in the Declaration of Covenants, Conditions and Restrictions of Otay Ranch Village One (C,C&R's) recorded on January 2, 1998 as Document No. 1998-0000749 and all Supplementary Declarations thereto. o. "Community Common Area" means real property, and improvements situated thereon, owned in fee or leased by the Community Association for the common use and enjoyment of the Owners as further derIDed in said C,C&R's. p. "Preserve/Owner Manager" is the entity or entities defined by the RMP 2 with the duties and responsibilities described therein. NOW, THEREFORE, in exchange for the mutual covenants, terms and conditions herein contained, the parties agree as set forth below. 1. Performance Obligation. Otay Project LP., signator to this Agreement, represents to the City that it is acting as the master developer for this Project and expressly assumes 4 //ß ~,/ performance of the obligations set forth in paragraphs 7, 8 and 10 of this Agreement. Notwithstanding the foregoing, all parties to this agreement acknowledge and agree that all such obligations remain a covenant running with the land as set forth more particularly in paragraph 2 below. The City in its discretion will make a good faith effort to execute on bonds securing the obligations contained herein to the extent necessary to complete any unfulfilled obligations of the master developer. 2. Agreement Applicable to Subsequent Owners. a. Agreement Binding Upon Successors. This Agreement shall be binding upon and inure to the benefit of the successors, assigns and interests of the parties as to any or all of the Property until released by the mutual consent of the parties. b. Agreement Runs with the Land. The burden of the covenants contained in this Agreement ("Burden") is for the benefit of the Property and the City, its successors and assigns and any successor in interest thereto. City is deemed the beneficiary of such covenants for and in its own right and for the purposes of protecting the interest of the community and other parties public or private, in whose favor and for whose benefit of such covenants running with the land have been provided without regard to whether City has been, remained or are owners of any particular land or interest therein. If such covenants are breached, the City shall have the right to exercise all rights and remedies and to maintain any actions or suits at law or in equity or other proper proceedings to enforce the curing of such breach to which it or any other beneficiaries of this Agreement and the covenants may be entitled. c. Developer Release on Guest Builder Assignments. If Developer assigns any portion of the Project to a guest builder, Developer may request to be released from Developer's obligations under this Agreement, that are expressly assumed by the guest builder. Developer must obtain the written consent of the City to such release. Such assignment to the guest builder shall, however, be subject to this Agreement and the Burden of this Agreement shall remain a covenant running with the land. The City shall not withhold its consent to any such request for a release so long as the assignee acknowledges that the Burden of the Agreement runs with the land, assumes the obligations of the Developer under this Agreement, and demonstrates, to the satisfaction of the City, its ability to perform its obligations under this Agreement as it relates to the portion of the Project which is being acquired by the Assignee. d. Partial Release of Developer's Assignees. If Developer assigns any portion of the Project subject to the Burden ofthis Agreement, upon request by the Developer or its assignee, the City shall release the assignee of the Burden of this Agreement as to such assigned portion if such portion has complied with the requirements of this Agreement to the satisfaction of the City and such partial release will not, in the opinion of the City, jeopardize the likelihood that the remainder of the Burden will not be completed. 5 /1 (] ~J -- e. Release oflndividual Lots. Upon the occurrence of any of the following events, Developer shall, upon receipt of the prior written consent of the City Manager (or Manager's designee), have the right to release any lot(s) from Developer's obligation under this Agreement: 1. The execution of a purchase agreement for the sale of a residential lot to a buyer of an individual housing unit; ii. The conveyance of a lot to a Homeowner's Association. The City shall not withhold its consent to such release so long as the City finds in good faith that such release will not jeopardize the City's assurance that the obligations set forth in this Agreement will be performed. At the request of the Developer, the City Manager (or Manager's designee) shall execute an instrument drafted by Developer in a recordable form acceptable to the City Manager (or Manager's designee) which confIrmS the release of such lot or parcel from the encumbrance ofthis Agreement. Notwithstanding the foregoing, i) at the close of an individual homeowner's escrow, or ii) conveyance to a homeowner's association of any lot or parcel encumbered by this Agreement, such lot or parcel shall be automatically released from the encumbrance hereof. 3. Condition No.1 - (General Preliminary). In satisfaction of Condition No. 1 of the Resolution, Developer hereby agrees, to comply with the requirements and guidelines of the Parks, Recreation, Open Space and Trails Plan, Public Facilities Finance Plan ("PFFP"), Ranch Wide Affordable Housing Plan, SPA One Affordable Housing Plan, and the Non-Renewable Energy Conservation Plan, as may be amended from time to time, and shall remain in compliance with and implement the terms, conditions and provisions of said documents. 4. Condition No.3 - (General Preliminary). In satisfaction of Condition No. 3 of the Resolution, Developer agrees that if any of the terms, covenants or conditions contained within the Resolution shall fail to occur. or if they are, by their terms, to be implemented and maintained over time, if any of such conditions fail to be so implemented and maintained according to their terms, the City shall have the right to deny the issuance of building permits for the Project, deny, or further condition the subsequent approvals that are derived from the approvals herein granted, institute and prosecute litigation to compel their compliance with said conditions or seek damages for their violation. The applicant shall be notified ten (10) days in advance prior to any of the above actions being taken by the City and shall be given the opportunity to remedy any deficiencies identified by the City within a reasonable period of time. 5. Condition No.4 - (General Preliminary) In satisfaction of Condition No. 4 of the Resolution, a.) Otay Project LP. agrees to indemnify, protect, defend and hold the City harmless from and against any and all claims, liabilities and costs, including attorney's fees, arising from challenges to the Environmental Impact Report for the Project; and b.) Developer agrees to indemnify, protect, defend and hold the City harmless from and against any and all claims, liabilities 6 II !J -/ and costs, including attorney's fees, arising from challenges to any and all entitlements and approvals issued by the City in connection with the Project. 6. Condition No.5 - (General Preliminary). In satisfaction of Condition No. 5 of the Resolution, Developer hereby agrees, that Developer shall comply with all the applicable SPA conditions of approval. 7. Condition Nos. 8, 9, 10 and 11 - (Conveyance Obligation). In partial satisfaction of Condition Nos. 8, 9, 10, and 11, the Developer agrees as follows: a. The Developer provided the City with Irrevocable Grants of Fee Title, of 511.5 acres of real property in accordance with the RMP 2, a portion of which (17.03 acres) is intended to satisfy the particular acreage conveyance obligation of the Final Map at a rate of 1.188 acres of conveyance per acre of area within the Final Map, as of the date of this Agreement. But such obligation may be subject to change in accordance with paragraph "7.c.". Any remaining amount shall be credited towards any future map obligations. A summary of the conveyance is attached as Exhibit "B" of this agreement. b. That such dedicated property shall be granted in fee title to the City and County of San Diego as joint tenants and subject to the approval of the Preserve Owner/Manager. Should the Preserve Owner/Manager not approve this conveyance, Developer agrees to convey equivalent real property that complies with this provision. c. That Developer shall convey additional real property if necessary in order to comply with the conveyance formula described in RMP 2, as may be amended by City. Developer acknowledges that the amended RMP 2 may contain a conveyance formula greater than 1.188 acres per developable acre. d. That all land to be conveyed as described above shall be free and clear of liens and encumbrances except for easements for existing public infrastructure and other easements approved by the City or for planned public infrastructure as permitted in the RMP, Phase 2. Developer further agrees to pay all taxes and assessments as they come due as to the land to be conveyed until title has legally transferred to the City and County of San Diego. e. Developer acknowledges that property within the boundaries of the "A" Map which will be the subject of future final maps may have conveyance obligations to fulfill for all development areas, including applicable streets, open space lots, paseos, pedestrian parks and slope areas shown on the "A" Map. 8. Condition No. 21 and 22 - Street and Public Improvements. In partial satisfaction of Condition Nos. 21 and 22 of the Resolution, the Developer agrees as follows: 8.a Improvement Work. Developer agrees to construct the street improvements and land development work in and adjoining said subdivision and as shown on the Drawings set forth 7 JIß -3 on Exhibits "C" ("Street and Public Improvements"), at its own expense, without any cost to the City, in a good and workmanlike manner, under the direction and to the satisfaction and approval of the City Engineer. Developer further agrees to furnish the necessary materials therefore, all in strict conformity and in accordance with the plans and specifications, which documents have heretofore been filed in the Office of the City Engineer and by this reference are incorporated herein and made a part hereof. Developer shall complete construction of the Street Improvements on or before the earlier of the second anniversary date of Council approval of this Agreement or, if prior to Council approval of this agreement, a construction permit was issued for any portion of said Street Improvement, then construction on that portion for which a permit was issued shall be completed on or before the second anniversary date of issuance of said permit. It is expressly understood and agreed to by Developer that, in the performance of construction of said Street Improvements, Developer shall conform to and abide by all of the provisions of the ordinances of the City of Chula Vista, and the laws of the State of California applicable to said work. 8.b. Bonding. 1. Developer agrees to furnish and deliver to the City of Chula Vista, simultaneously with the execution of this Agreement, and to thereafter maintain until City acceptance of the work referenced herein, an approved improvement security from a sufficient surety, whose sufficiency has been approved by the City in the sums as set forth on Exhibit "C", which security shall guarantee the faithful performance in connection with the installation of the Street Improvements as shown on Exhibit "C". 11. Developer agrees to furnish and deliver to the City of Chula Vista simultaneously with the execution of this Agreement, and to thereafter maintain until City acceptance of the work referenced herein, an approved improvement security from a sufficient surety, whose sufficiency has been approved by the City in the sums as set forth on Exhibit "C" to secure the payment of material and labor in connection with the installation of said Street Improvements, which security is shown on Exhibit "C". iii. Developer acknowledges and agrees that if the Street Improvements are not completed within the time agreed herein, the sums provided by said improvement securities may be used by City for the completion of the Street Improvements in accordance with those approved plans and specifications contained on Exhibit "C", or at the option of the City, for those improvements shown on Exhibit "C" that are less than, but not greater to, the sums provided by said improvement securities. Upon certification of completion by the City Engineer and acceptance of said work by City, and after certification by the Director of Finance that all costs hereof are fully paid, the whole amount, or any part thereof not required for payment thereof, may be released to the Developer or its successors in interest, pursuant to the terms of the improvement security. Developer agrees to pay to the City any difference between the total costs incurred to perform the work, including limited and reasonable design and administration of construction in substantial confor- mance with the approved plans (including a reasonable allocation of overhead), and any proceeds 8 J/ß -~ from the improvement security. 8.c. Developer's Costs and Expenses. It is also expressly agreed and understood by the parties hereto that in no case will the City of Chula Vista, or any department, board or officer thereof, be liable for any portion of the costs and expenses of the work aforesaid, nor shall the City or the City's officer, sureties or bondsmen, be liable for the payment of any sum or sums for said work or any materials furnished therefor. 8.d. Plan Check fees and Additional Costs. It is further understood and agreed by Developer that any engineering costs (including plan checking, inspection, materials furnished and other incidental expenses) incurred by City in connection with the approval of the Street Improvements plans and installation of Street Improvements described above, as required by City and approved by the City Engineer shall be paid by Developer, and that Developer shall deposit, prior to recordation of the Final Map, with City a sum of money sufficient to cover said cost. 8.e. Maintenance Costs. Developer understands and agrees that until such time as all of the Street Improvements as covered by any particular bond are fully completed and accepted by City, Developer shall be responsible for the care, maintenance of, and any damage to, such streets and any alleys, easements, water and sewer lines. It is further understood and agreed that Developer shall guarantee all of the Street Improvements for a period of one year from date of final acceptance and correct any and all defects or deficiencies arising during said period as a result of the acts or omission of Developer, its agents or employees in the performance of this Agreement, and that upon acceptance of the work by City, Developer shall grant to City, by appropriate conveyance, the public improvements constructed pursuant to this agreement; provided, however, that said acceptance shall not constitute a waiver of defects by City as set forth hereinabove. 8.f. Indemnification. Developer further understands and agrees that City, (as "Indemnitee") or any officer or employee thereof, shall not be liable for any bodily injury, death, or property damage, including thereto hazardous materials and property takings claims occasioned by reason of the acts omissions of Developer, its subcontractors or suppliers, its agents or employees, or Indemnitee (which are not the result of Indemnitee's sole negligence or willful misconduct), related to the construction of the Street Improvements. Developer further agrees to defend, indemnify, protect and hold the Indemnitee, its officers and employees, harmless from any and all claims, demands, causes of action, liability, costs and expense (including without limitation, reasonable attorney's fees) or loss for bodily injury, death or property damages, including thereto hazardous materials and property takings claims because of or arising out of Developer's construction of the Street Improvements or the acts or omissions of Developer, its subcontractors or suppliers, its agents or employees, or Indemnitee, related thereto; provided, however, that Developer shall have no obligation to indemnify, defend, protect or hold Indemnitee or any officer or employee thereof harmless from any such losses, claims, demands, causes of action, liability, damages, costs or expenses which arise out of the sole negligence or willful misconduct of the Indemnitee or any officer or employee thereof. Developer further agrees to defend, indemnify, 9 II!] --It) protect and hold the Indemnitee, its officers and employees, harmless from any and all claims, demands, causes of action, liability, cost and expense (including without limitation, reasonable attorney's fees) made or incurred by such third parties pursuant to or arising out of contracts entered into by such third parties with or on behalf of Developer or its successors, assigns or agents concerning construction of the Street Improvements provided, however, that Developer shall have no obligation to indemnify, defend or hold Indemnitee or any officer or employee thereof harmless from any such losses, claims, demands, damages, causes of action, liability, costs and expenses to the extent that they have arisen due to the sole negligence or willful misconduct of Indemnitee or any officer or employee thereof. The improvement securities referred to above shall not cover the provisions of this paragraph. Such indemnification and agreement to hold harmless shall extend to damages to adjacent or downstream properties or the taking of property from owners of such adjacent or downstream properties as a result of construction of the Street Improvements as provided herein. It shall also extend to damages resulting from diversion of waters, change in the volume of flow, modification of the velocity of the water, erosion or siltation, or the modification of the point of discharge as the result of construction of the Street Improvements. The approval of plans for the Street Improvements shall not constitute the assumption by City of any responsibility for such damage or taking, nor shall City, by said approval, be an insurer or surety for said work and related improvements. The provisions of this paragraph shall become effective upon the execution of this Agreement and shall remain in full force and effect for ten (10) years following the acceptance by the City of the Street Improvements. 9. Condition No. 27 - (Street Trees). Otay Project LP., acting as the master developer for this Project, expressly assumes the overall responsibility for Condition No. 27. Additionally, Developer assumes specific responsibility for Condition No. 27 for its particular neighborhood as follows: In partial satisfaction of Condition No. 27 of the Resolution, Developer, upon request of the Director of Planning and Building, shall plant within all street parkways trees which have been selected from the revised list of appropriate tree species described in the Village Design Plan which shall be approved by the Directors of Planning and Building and Public Works. The applicant shall provide root control methods per the requirements of the Director of Planning and Building and a deep watering irrigation system for the trees. An irrigation system shall be provided from each individual lot to the adjacent parkway. Developer shall obtain approval from the Director of Planning and Building and the City Engineer of a separate street tree improvement plan which includes the final selection of trees, the location of trees within the parkway, and in relation to water laterals, sewer laterals, dry utilities, driveways, inlets and pedestrian ramps, within thirty (30) days of the approval of the Final Map. Developer understands that the City may withhold the issuance of building permits within the Final Map if the street tree improvement plan is not approved within said thirty (30) day period. 10. Condition No. 103(e) - Cable Television. In partial satisfaction of Condition No.1 03( e) of the Resolution, the Developer understands and agrees that cable television companies franchised by the City of Chula Vista may place conduit within the City 10 //13- J/ easements and provide cable television service for lots within the Final Map area, as described on Exhibit A. Developer agrees to comply with all rules, regulations, ordinances and procedures regulating and affecting the operation of cable television within Chula Vista. Developer further acknowledges and agrees that Developer .will not in any way impair or interfere with City's use of City's easements as described herein. 11. Satisfaction of Conditions. City agrees that the execution of this Agreement constitutes satisfaction of Developer's obligation of Conditions: 1,2,3,4 and 5 of the Resolution and partial satisfaction of Condition Nos. 8,9, 10, 11,21,22,27 and 1O3(e). Developer further understands and agrees that some of the provisions herein may be required to be performed or accomplished prior to the approval of other fmal maps for the Project, as may be appropriate. 12. Unfulfilled Conditions. Developer hereby agrees, unless otherwise conditioned, that Developer shall comply with all unfulfilled conditions of approval of the Tentative Map, established by the Resolution and shall remain in compliance with and implement the terms, conditions and provisions therein. 13. Previous Agreements. The Developer acknowledges that nothing in this Agreement shall supersede, nullify or otherwise negatively impact the terms of the "A" Map Agreement or all prior "B" Map Agreements, unless specifically noted herein. This Agreement affirms and reflects the terms, conditions and provisions of the "A" Map Agreement, the First Final "B" Map Agreement, the Second Final "B" Map Agreement, the Third Final "B" Map Agreement, the Fourth Final "B" Map Agreement, the Fifth Final "B" Map Agreement and of the Tentative Map 96-04 conditions applicable specifically to the Final Map for the Property. 14. Recording. This Agreement, or an abstract hereof shall be recorded simultaneously with the recordation of the Final Map. 15. Building Permits. Developer understands and agrees that the City may withhold the issuance of building permits and all other permits for the entire SPA One project area, should the Developer be determined by the City to be in breach of any of the terms of this Agreement. The City shall provide the Developer of notice of such determination and allow the Developer reasonable time to cure said breach. Developer further acknowledges and agrees that the City may withhold building permits within the Final Map as defined herein if the required public facilities for SPA One, as defined in the PFFP or as amended by the Annual Monitoring Program or otherwise conditioned, have not been completed or constructed to the satisfaction of the City. 16. Miscellaneous. a. Notices. Unless otherwise provided in this Agreement or by law, any and all notices required or permitted by this Agreement or by law to be served on or delivered to either party shall be in writing and shall be deemed duly served, delivered, and received when personally 11 // IS - /,;;( delivered to the party to whom it is directed, or in lieu thereof, when three (3) business days have elapsed following deposit in the U.S. mail, certified or registered mail, return receipt requested, first-class postage prepaid, addressed to the address indicated in this Agreement. A party may change such address for the purpose of this paragraph by giving written notice of such change to the other party. CITY OF CHULA VISTA 276 Fourth Avenue Chula Vista, CA. 91910 Attn: Director of Public Works Otay Project LP. 350 West Ash Street, Suite 730 San Diego, CA 92101 Attn: Kim John Kilkenny Fax (619) 234-4088 South Bay Project, LLC 191 West Wilbur Road, Suite 102 Thousand Oaks, CA 91360 Attn: David Green Fax (805) 379-4472 Centex Homes 5962 La Place Court, Suite 250 Carlsbad, CA. 92008 Attn.: Bruce Sloan A party may change such address for the purpose of this paragraph by giving written notice of such change to the other party in the manner provided in this paragraph. b. Captions. Captions in this Agreement are inserted for convenience of reference and do not define, describe or limit the scope or intent of this Agreement or any of its terms. c. Entire Agreement. This Agreement contains the entire agreement between the parties regarding the subject matter hereof. Any prior oral or written representations, agreements, understandings, and/or statements shall be of no force and effect. This Agreement is not intended to supersede or amend any other agreement between the parties unless expressly noted. d. Preparation of Agreement. No inference, assumption or presumption shall be drawn from the fact that a party or his attorney prepared and/or drafted this Agreement. It shall be conclusively presumed that both parties participated equally in the preparation and/or drafting this Agreement. 12 //ß -/3 e. Recitals; Exhibits. Any recitals and exhibits set forth above are incorporated by reference into this Agreement. f. Attorneys' Fees. If either party commences litigation for the judicial interpretation, reformation, enforcement or rescission hereof, the prevailing party will be entitled to a judgment against the other for an amount equal to reasonable attorney's fees and court costs incurred. The "prevailing party" shall be deemed to be the party who is awarded substantially the relief sought. [NEXT PAGE IS PAGE ONE OF SIGNATURE PAGES] 13 JIE-)! [PAGE ONE OF TWO SIGNATURE PAGES TO SUPPLEMENTAL SUBDIVISION IMPROVEMENT AGREEMENT NEIGHBORHOOD R-12 OF THE OT A Y RANCH, VILLAGE ONE, SPA ONE] CITY OF CHULA VISTA Mayor of the City of Chula Vista Attest: Susan Bigelow City Clerk Approved as to Form: John M. Kaheny City Attorney DATED: ,1999 [NEXT PAGE IS PAGE TWO OF SIGNATURE PAGES] 14 ---- //ßr/5 [PAGE TWO OF TWO SIGNATURE PAGES TO SUPPLEMENTAL SUBDIVISION IMPROVEMENT AGREEMENT NEIGHBORHOOD R-12 OF THE OT A Y RANCH, VILLAGE ONE SPA ONE] DEVELOPER: OTA Y PROJECT LP., a California limited partnership By: Otay Project, LLC, a California limited liability company By: Otay Ranch Development, LLC., a Delaware limited liability company, Authorized Member By: Date: Its: CENTEX HOMES, a Nevada General Partnership By: Centex Real Estate Corporation, a Nevada Corporation BY~ Partner Date:~Y Its: ~ ,¿ ~!; tulVr DATED: ,1999 (ATTACH NOTARY ACKNOWLEDGMENTS) H: \Shared\Attorney\ssiaO RR 12. doc 15 //(J -/? [PAGE TWO OF TWO SIGNATURE PAGES TO SUPPLEMENTAL SUBDIVISION IMPROVEMENT AGREEMENT NEIGHBORHOOD R-12 OF THE OT A Y RANCH, VILLAGE ONE SPA ONE] DEVELOPER: OTA Y PROJECT LP., a California limited partnership By: Otay Project, LLC, a California limited liability company By: Otay Ranch Development, LLC., a Delaware limited liability company, Au orizeà"M:ember By Date: -\ Vio /9Cj Its: CENTEX HOMES, a Nevada General Partnership By: Centex Real Estate Corporation, a Nevada Corporation Its Managing General Partner By: Date: Its: DATED: ,1999 (A TT ACH NOTARY ACKNOWLEDGMENTS) H: \Shared\Attorney\ssiaO RR 12.doc 15 II j] -- /7 EXHIBIT "A" DESCRIPTIONS OF PROPERTY OF FINAL MAPS FOR NEIGHBORHOOD R-12 PARCEL 2 OF PARCEL MAP NO. 18234, IN THE CITY OF CHULA VISTA, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, FILED IN THE OFFICE OF COUNTY RECORDER OF SAN DIEGO ON APRIL 13, 1999. //ß ~/~ EXHIBIT "B" Otay Ranch SPA One Preserve Conveyance Irrevocable Grants of Fee Title Otay Ranch Development Developable Conveyance Area Conveyance Balance CVT 96-04 Area Obligation Offered Parcels Village One: Phases 1B, 2B and 4 pI and 2° Final "B" Maps 176.79 -210.027 163.8 78A -46.227 3r Final "B" Maps 68.515 -81.396 81.1 49 -46.523 4 Final "B" Maps 64.03 -76.068 148.1 36 25.509 5 Final "B" Map4 12.405 -14.737 118.5 40 and 41 129.272 6 Final "B" Maps 14.333 -17.028 112.244 Village Five pI Final "B" Maps 18.738 -22.261 89.983 2° Final "B" Maps? 12.941 -15.374 74.609 TOTAL -436.891 511.5 Notes: 1 Area includes Neighborhood R-3 (approved on 10/6/98); Neighborhoods R-1, R-2, R-4 and R-5 (approved on 10/27/98) and R-20; plus open space lots: A, B, C, D and E; private open space lot H; private park lots: I and Q; Paseos lots: J, S and T; private street lots: G, K, L, M, N, 0 and P; public streets: East Palomar Street and Monarche Drive; all within Village One "A" Map No. 13592. 2 Area includes Neighborhoods R-8 and R-6, R-9, R-14, approved on: 4/13/99 and 4/20/99 3 Area includes Neighborhoods R-7and R-I0, approved: 5/25/99 4 Area includes Neighborhood R-13, approved: 8/3/99 5 Area includes Neighborhood R-12; approved 11/16/99 6 Area includes Residential Units 1,2 and 4 of the Village Five "A" Map No. 13615, approved 8/31/99 7 Area includes Residential Units 3, 5 and 6 of Village 5, projected approval 11/99 //ß ~ /7 EXHIBIT "C" STREET and PUBLIC LAND DEVELOPMENT IMPROVEMENTS CHULA VISTA TRACT NO. 96-04 VILLAGE ONE, SPA ONE Phase IB and 4 Grading and $4,550,000 3SM913 1/15/99 98-809 Drainage 78600 to 98-852 Phase IB and 4 Landscape and $2,459,690 3SN9166 1/15/99 98-1212 Irrigation 2300 to 98-1273 East Palomar St.: $1,754,637 3SM915 3/4/99 98-686 Street Improvements 7900 to 98-699 East Palomar St.: $1,665,532 3SM917 6/24/99 99-58 Landscape Improvements 05300 to 99- 93 Santa Alicia Avenue: Backbone $384,564 3SM917 4/5/99 98-1291 Improvements 17900 to 98-1296 Santa Lucia/Santa Madera $665,205 3SM916 1/21/99 98-660 Avenue: 41600 to Backbone Improvements 98-666 JJI? -~O COUNCIL AGENDA STATEMENT Item I;L Meeting Date 11 /16/99 ITEM TITLE: Resolution Initiating proceedings for formation of a reimbursement district for the Shirley Street Sewer and calling a public hearing for December 7, 1999 at 4:00 p.m. to establish the district SUBMITTED BY: DirectorofPub~ic Works ~ REVIEWED BY: City Manager: ~~ (4/Slhs Vole: Yes_No X) Based on residents' requests, the City recently constructed a sewer line in Shirley Street between North Second and Del Mar Avenue. Staff proposes that the City be repaid for the cost of designing and constructing this sewer through a reimbursement district. RECOMMENDATION: That Council approve the resolution initiating the reimbursement district proceedings and schedule a public hearing for December 7, 1999. BOARDS/COMMISSIONS RECOMMENDATION: Not applicable. DISCUSSION: In January 1997 the property owner of285 Shirley Street contacted the City requesting installation and connection to a sewer line, based on a failing septic system. Construction of an 8-inch diameter sewer in Shirley Street between North Second and Del Mar Avenue was included in the Capital Improvement Program (CIP)for Fiscal Year 1998-99. The CIP justification stated that the up front City funding (from the Sewer Facilities Replacement Fund) would be repaid through the establishment of a reimbursement district. Construction of this project, which included approximately 500 linear feet of8-inch sewer and 14 sewer laterals, was awarded to Andrew Cedro Construction on April 13, 1999 by Resolution 19423 (Attachment A). Construction was completed in June 1999. Section 15.50 of the Chula Vista Municipal Code states that when the City participates in the cost of constructing public improvements which will benefit properties other than its own, staff may petition the City Council to form a reimbursement district. The Director of Public Works has prepared the following: A. A map describing the benefitted area which identifies all parcels within the area; B. The total cost of the facilities including incidental expenses; C. An estimate of the project costs; JcJ- / Page 2, Item- Meeting Date 11/16/99 D. An estimate of the assessment and spread thereof necessary to equitably pay the project costs Project costs are summarized in the following table: Project Costs for Shirley Street Sewer SW-217 Construction Contract Amount $68,153.00 Adjustments and Change Orders 0 Soils Testing 1,870.35 Printing and Advertising 363.48 Staff Design and Inspection Costs 21,762.43 TOTAL $92,149.26 It was assumed that 14 properties on both sides of Shirley Street would be able to connect to the sewer. The district excludes the properties located at 210 and 270 Shirley Street since they are already connected to the sewer lines in North Second Avenue and C Street, respectively. Property owners will be able to choose whether and when to connect to the sewer, except in the extreme case of a failing septic system which is determined to constitute a health hazard. A diagram showing the location of the sewer line is shown on Attachment B. Since all properties on Shirley Street are single family residences and they would all receive equal benefit from construction of the sewer line, the most equitable distribution of costs of the line is to divide the costs equally among all residences. This would result in a charge of $6582.09 per property, which includes the sewer lateral cost. One property at 240 Shirley Street connected to the Shirley Street sewer prior to establishment of the reimbursement district. This property owner paid just $3015 for only the sewer lateral. The remaining $3567.09 will be financed by the sewer fund. Staff realizes that this creates an equity situation in the neighborhood. As partial consideration, staff recommends that the City cover the soft costs (staff design -, $21,762.43 and printing and advertising - $363.48). This would lower the cost per lot from $6,582.09 to $5,001.67. This cost does include the cost of installing a sewer lateral between the mainline and the property line. But it does NOT include the sewer capacity charge that new sewer connectors pay of $2,220. The reimbursement shall be subject to an annual seven percent interest charge as provided in Section 15.50.090. Six percent shall be payable to the sewer fund for the advancement of funds and one percent shall be payable to the City general fund to cover administrative costs in the handling and collection of such funds. The reimbursement is to be collected when the benefitted parcels subdivide, apply for building permits or connect to the sewer. The interest shall be calculated on a quarterly basis and shall include the total number of full quarters from the date of commencement up to but not including the quarter in which payment of such charges are paid. The date of commencement of interest shall be the date the District is established, tentatively December 7, 1999. /2 ~;¿ Page 3, Item- Meeting Date 11/16/99 The district formation process involves the following steps: 1. Notice a. Publish a notice of public hearing pursuant to Municipal Code 15.50.080. b. Mail notice of public hearing, including costs, to all affected property owners. 2. Conduct public hearing. 3. City Council shall approve the cost allocations by a resolution stating ownership, Assessor's Parcel Number and amount of charge for each parcel within the district, at which time the district will be considered formed. 4. City Clerk shall record a copy of the resolution with the County Recorder. 5. The reimbursement will be collected when a benefited parcel subdivides or the owner applies for a building permit or plumbing permit. FISCAL IMPACT: Fiscal impact will be minimal since the costs of designing and constructing the Shirley Street sewer have already been incurred and previously approved in the Capital Improvement Program. The total construction and design cost of $92,149.26 exceeds $88,000, the amount appropriated from the Sewer Facilities Replacement Fund (Fund 226), so an additional appropriation of$4149.26 has been requested. Note that the $3567.09 underpayment on the permit for 240 Shirley Street will not be repaid. The cost of administering the district will be covered by a 1 % annual interest charge. Attachments A. Resolution 19423 B. Location of Shirley Street Sewer File No. 0735-1O-SW217 0790-40-SROO9 H:\HOME\ENGINEER\AGENDA \SHIRLEY2.EMC November 10, 1999 (3:28pm) );2 ~) RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA INITIATING PROCEEDINGS FOR THE FORMATION OF A REIMBURSEMENT DISTRICT FOR THE SHIRLEY STREET SEWER MAIN AND CALLING A PUBLIC HEARING FOR DECEMBER 7, 1999 AT 4:00 P.M. TO ESTABLISH THE DISTRICT WHEREAS, in January 1997, the property owner of 285 Shirley Street contacted the City requesting installation and connection to a sewer line, based on a failing septic system; and WHEREAS, construction of an 8-inch diameter sewer in Shirley Street between North Second and Del Mar Avenue was included in the Capital Improvement Program for FY 1998-99; and WHEREAS, the project was to be financed by sewer funds, with the intention that the city's front funding be repaid through the establishment of a reimbursement district; and WHEREAS, Chula Vista Municipal Code Chapter 15.50 states that when the City participates in the cost of constructing public improvements which will benefit properties other than its own, the City Council may be petitioned to form a reimbursement district. WHEREAS, Municipal Code Section 15.50.080 directs the City Clerk to set a Public Hearing before the City Council to determine if a Reimbursement District shall be formed and cause notice to be published once in a local newspaper at least ten days prior to such hearing. NOW, THEREFORE, BE IT RESOLVED the City Council of the City of Chula vista does hereby initiate proceedings for the formation of a Reimbursement District for the Shirley Street sewer line between North Second and Del Mar Avenue. BE IT FURTHER RESOLVED that the City Manager is hereby directed to initiate Reimbursement District proceedings and set December 7, 1999 at 4:00 p.m. as the date and time for the required public hearing. BE IT FURTHER RESOLVED that the City Clerk shall cause notice of the public hearing to be published once in a local newspaper at least ten days prior to such hearing. Presented by Approved as to form by John P. Lippitt, Director of Public Works H: \home\lorraine\rs\reimburs. sew )J-Ý 41T1/e #/1 ¿:;/~7- 4- RESOLUTION NO. 19423 ,- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA WAIVING IMMATERIAL DEFICIENCIES, ACCEPTING BIDS AND AWARDING CONTRACT FOR THE "SHIRLEY STREET SEWER INSTALLATION FROM NORTH DEL MAR AVENUE TO 480' EASTERLY IN THE CITY OF CHULA VISTA, CALIFORNIA (SW-217)" PROJECT WHEREAS, on February 24, 1999, the Director of Public Works received the following nine sealed bids for the "Shirley Street Sewer Installation from North Del Mar Avenue to 480' Easterly in the City of Chula Vista, California (SW-217)" project: CONTRACTOR BID AMOUNT 1. Andrew Cedro Construction - Norwalk, California. $68,153.00 2. Southern California Contractors, Inc. - Brea, California $78,800.00 3. Dietrich Corporation - EI Cajon, California. $82,982.00 4. Jimenez, Inc. - Chula Vista, California. $90,200.00 5. Coast Grading Company, Inc. - Ramona, California. $96,125.00 6. Cameron Excavation Company, Inc. - Po way, California. $ 105,500.00 7. Basile Construction, Inc. - San Diego, California. $113,315.09 8. Star Paving, Inc. - San Diego, California. $114,250.00 9. Shoreline Construction - Temecula, California. $535,595.10 WHEREAS, the low bid by Andrew Cedro Construction is below the Engineer's estimate of $113,750.00 by $45,597.00 or 40 percent; and WHEREAS, Engineering staff checked the references provided by the contractor who has recently completed projects with the County of Ventura, the City of Camarillo, the City of La Mirada, and Caltrans and all references verified their work has been satisfactory; and WHEREAS, at the bid opening, it was determined that Andrew Cedro Construction's bid did not contain the Disclosure Statement as required in the bid Proposal Requirements and Conditions; and WHEREAS, immediately after the bid-opening meeting ended, Andrew Cedro Construction submitted the completed Disclosure Statement which omission was protested in writing by another bidder; and WHEREAS, the City Attorney's Office determined that the failure to enclose the Disclosure Statement at the time of the bid opening was minor and immaterial, and did not /2-S- Resolution 19423 Page 2 affect the competitiveness outcome of the bidding process and a letter to this effect was sent to the contractor who complained on March 3, 1999; and WHEREAS, Staff, therefore, recommends that Council waive this minor and immaterial omission and award the contract to Andrew Cedro Construction.' NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista hereby finds that it is necessary to waive the minor and immaterial deficiencies in the bid proposal of Andrew Cedro Construction for the benefit of the public. BE IT FURTHER RESOLVED that the City Council of the City of Chula Vista does hereby accept the nine bids and award the contract for the "Shirley Street Sewer Installation from North Del Mar Avenue to 480' Easterly in the City of Chula Vista, California (SW-217)" project to Andrew Cedro Construction of Norwalk, California, for $68,153.00. BE IT FURTHER RESOLVED that the Mayor of the City of Chula Vista is hereby authorized and directed to execute said contract for and on behalf of the City of Chula Vista. Presented by Approved as to form by C'~ .~Y'\~'-~~~ J~ John . Lippitt John M. Kaheny v Pub!' Works Director City Attorney /;2 ~ ¿ Resolution 19423 Page 3 .--- PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista, California, this 13th day of April, 1999, by the following vote: AYES: Councilmembers: Davis, Moot, Padilla, Salas and Horton NAYS: Councilmem bers: None ABSENT: Councilmembers: None ABSTAIN: Councilmembers: None ~~ Shirley H on, Mayor ATTEST: ~-~48~~ Susan Bigelow, City ClerK ST A TE OF CALIFORNIA ) COUNTY OF SAN DIEGO ) CITY OF CHULA VISTA ) I, Susan Bigelow, City Clerk of Chula Vista, California, do hereby certify that the foregoing Resolution No. 19423 was duly passed, approved, and adopted by the City Council at a regular meeting of the Chula Vista City Council held on the 13th day of April, 1999. Executed this 13th day of April, 1999. = .=:tJ ~ ~r{~.3: ~ ~ CJr.-J Susan Bigelow, City Cle k Je2--l æ LL a co. ~ a:: @ w ~ en a tu ca~ @ ~~ Wru ~....J I a:: ~I ~~ Z (j') 0 >- a:: - ð ð !;;;:c z () ::J (j')~ ~ @ z- t5 ~g ....J ~ (j') ffi ffi ~~ ~~ 0 wz~~ ~ ~~U)(I) ~ a::a::~~ ~~~(9(9~ ffi(j')(j')~~w ~~~~~() ~zz~~~ \ [R ~.:.. D COUNCIL AGENDA STATEMENT Item /3 . Meeting Date 11/16/99 ITEM TITLE: A) Resolution Ap~roving Final Map and Subdivision Improvement Agreement for C ula Vista Tract 90-07, Sunbow II, Phase 1C, Units 5, 6, 13, 14, and 15 Accepting on Behalf of the City of Chula Vista General Utility and Access Easements, Sewer and Storm Drain Easements Granted on said map within said Subdivision, Acknowledging on Behalf of the Public the Irrevocable Offer of Dedication of Fee Interest of designated land for Public Park and Other Purposes and the Irrevocable Offer of Dedication of Fee Interest for Public Roadway Purposes and approving Subdivision Improvement Agreements for the completion of improvements required by said subdivisions, and authorizing the Mayor to Execute Said Agreements B) Resolution Approving Supplemental Subdivision Improvement Agreement for Chula Vista Tract 90-07, Sunbow II, Units 5,6, 13, 14, and 15 requiring Developer to comply with certain unfulfilled conditions of Resolutions Numbered 15640 and 17177 and authorizing the Mayor to Execute Said Agreement C) Resolution Approving a Transportation Development Impact Fee Agreement Between ACI Sunbow, LLC and the CIty of Chula Vista SUBMITTED BY: Director of Public W orlcs r REVIEWED BY: City Manager ~ 1);V (4/Sths Vote: Yes_No_XJ On May 22, 1990, by Resolution No. 15640, the City Council conditionally approved the Tentative Subdivision Map for Chula Vista Tract 90-07, Sunbow II (Attachment 1). On that tentative map, unit boundaries were delineated. On July 20, 1993, by Resolution No. 17177 (Attachment 2), the City Council affirmed a Planning Commission resolution to approve a one-year Tentative Subdivision Map extension. On May 13, 1997, by Resolution No. 18660, the City Council approved the First Final Map for Sunbow II, Phase 1A. The Final Map, Subdivision Improvement Agreement, and Supplemental Subdivision Improvement Agreement for Phase 1C, Units 5,6, 13,14, and 15 , and a TDIF Impact Fee Agreement, are now before Council for consideration and approval. RECOMMENDATION: That Council approve the resolutions approving: (A) the Final Map and Subdivision Improvement Agreement; (B) the Supplemental Subdivision Improvement Agreement, and (C) the Transportation Development Impact Fee Agreement. BOARDS/COMMISSIONS RECOMMENDATION: N/A. DISCUSSION: Final Map and Associated Improvement Al:reements The Sunbow II Project is generally located north and south of Olympic Parkway, south of Telegraph Canyon Road, and east of Medical Center Drive (see Attachment 3). Units 5,6, 13, 14, and 15 are generally located south of Sunbow I, east of Medical Center Drive, and north and south of the newly constructed easterly extension of East Palomar Street (see Attachment 4). The Final Map for Chula Vista Tract 90-07, Sunbow II, Phase IC, Units 5, 6, 13, 14, and 15, consists of: /3-) Page 2, Item Meeting Date 11/16/99 a. 246 Single Family residential lots (Lots 1 through 246). These lots represent Units 5 (Lots 1 through 144) and Unit 6 (Lots 145 through 246), respectively; b. Two Multi-family site (Lots 247 & 248) located at the northern boundary of the subdivision near Medical Center Court. Lot 247 (14.59 Acres) and Lot 248 (10.26 Acres) represent Units 13 and 14, as shown on the Tentative Map; c. Three (3) Open Space lots (Lots "A", "B", and "C") which have been offered for dedication in fee interest on the map for open space, public utilities, and other public uses and will be accepted on behalf of the City of Chula Vista. d. One public park (Lot D) which has been offered and acknowledged as an Irrevocable Offer of Dedication of Fee Interest for Park Land and Other Public Purposes (Lot 15 as shown on Tentative Map). UNIT 5 (144 units) 246 3/22.61 93.16 & UNIT 6 (102 units) UNIT 13 MULTI- N/A 14.59 (LOT 247) FAMILY UNIT 14 MULTI- N/A 10.26 (LOT 248) FAMILY UNIT 15 PUBLIC 1/10.03 10.03 (LOT D) PARK The Final Map for said subdivision has been reviewed by the Public Works and Planning Departments and found to be in substantial conformance with the approved Tentative Subdivision Map. Approval of the Final Map constitutes acceptance by the City of all drainage, sewer, tree planting, landscape buffer, general utility, and general access easements within the subdivision. Approval of the map also constitutes acceptance, on behalf of the public, of the Irrevocable Offer of Dedication of portions of Olympic Parkway. In addition, approval of the map constitutes acceptance, on behalf of the public portions of East Palomar Street and Medical Center Court, together with Canyonview Road, Cumulus View, Flare View Place, Galaxy Place, Mercury Place, Milky Way Street, Prism Drive, Ray Place, Skyline Road, Sky ridge Drive, and Vulcan Street all as shown on the final map for the proposed subdivision. Approval of the map also constitutes acceptance of a ten foot-wide general utility and general access easement within Open Space Lots "A", "B", and "C" for the installation and maintenance of public utilities, noting that use of said easement by others is subject to written permission and issuance of an Encroachment Permit from the City of Chula Vista. Approval of the map also constitutes acknowledgment of the Irrevocable Offer of Dedication of Fee Interest (IOD) of designated land for Public Park and Other Purposes (Lot "D") and the acknowledgment of the IOD for Public Roadway Purposes (Portions of Olympic Parkway located entirely within limits of the Sunbow II subdivision). /3 ';L Page 3, Item Meeting Date 11/16/99 Lot "D" was previously offered to the City utilizing an IOD in the first Final Map for Sunbow II (Phase 1A) on May 15, 1997. However, the original IOD has been abandoned and a new IOD acknowledged due to new dimensions of Lot "D". The dimensions were changed to accommodate the revised terminus of High Cloud Drive from a hammerhead turnaround to a more typical rounded Cui de Sac shape. Within the limits of the Sunbow II subdivision, Olympic Parkway was originally offered as a separate IOD document in conjunction with the first Final Map for Sunbow II (Phase 1A). The document recorded on May 28, 1999 as document # 1997-0247023. Subsequent to recordation, the centerline alignment has changed slightly and therefore requires that the orIginal IOD be abandoned. The developer has executed a Supplemental Subdivision Improvement Agreement to satisfy remaining conditions of City Council Resolution No. 15640 and the Plannin~ Commission resolution approving a one-year time extension, as affirmed by City Council ResolutIOn No. 17177. The Supplemental Subdivision Improvement Agreement addresses those remaining conditions. The developer has also executed a Subdivision Improvement Agreement for this map and has provided bonds from a sufficient surety to guarantee construction of the required public improvements (Chula Vista Drawings 99-951 through 99-977; and 99-789 through 99-793). The developer has paid all applicable fees and has also provided a bond to guarantee the subdivision monumentation and benchmarks. ADDITIONAL COMMENTS: In satisfaction of Condition No. 20 of Resolution No. 15640, the Developer is responsible for obtaining adequate off-site right-of-way and the construction of off-site improvements, from the southerly end of Medical Center Court to the subdivision boundary. In connection with this condition, City will vacate certain portions of the southern terminus of the Medical Center Court Cul- de-Sac and adjacent tree planting and maintenance easements because they will no longer be necessary at that location. A separate vacation easement shall be executed within 60 days of approval of this Final Map. The Cul-de-Sac right-of-way shall be reshaped to a more typical street right-of-way dimension, in order to match the proposed Medical Center Court right-of-way being dedicated on the Sunbow II, Phase 1C Final Map. The additional Right of Way as well as a new tree planting and maintenance easement has been dedicated in favor of the City utilizing a separate RIght of Way easement (Attachment 6). To preclude the existing parcels from being land locked, an access easement has been provided to the new right-of-way lImit to facilitate making the final connection between existing conditions and on-site improvements. Developer has submitted, contemporaneously with the execution of the SSIA, bonds for the construction of an 18" sewer line in Olympic Parkway from the existing sewer manhole located at the western edge of the subdivision to the proposed sewer manhole draining Phase 1 C located approximately 2,400' east of the same existIng sewer manhole. The proposed manhole and the ultimate vertical and horizontal alignment is located on the Olympic Parkway Plans, City of Chula Vista Drawing Number 99-386, Station 67 + 30.11. Developer has bonded for $638,000.00 (200 % of the estimated improvements) in a form approved by the City Attorney for the construction of said sewer improvements. Said 18" sewer line shall be fully operational to the satisfaction of the City Engineer, prior to issuance of the fIrst building permit for the Project. In satisfaction of Condition No. 48 of Resolution No. 15640, the Developer has agreed to design, construct and maintain a detention basin in Palm Canyon. Developer has further agreed that such Detention Basin will be constructed and operational prior to issuance of the first occupancy permit in Sunbow II, Phase lC. Developer has further agreed that the maintenance will be added to Open Space District 35 (CFD 98-3). Developer has provided the City, contemporaneously with the execution of the SSIA, an improvement security in the amount of $104,000.00 (110 % of the /3r'J Page 4, Item Meeting Date 11/16/99 estimated improvements) and in a form approved by the City Attorney. The Detention Basin is to be located in the northeast quadrant of the intersection of Oleander A venue and East Palomar Street in Palm Canyon, per City of Chula Vista Drawings 99-1231A through 99-1234). Recently, developers have requested that City provide a method for assignment of obligations imposed as ma~ conditions to a successor in interest (i.e., guest builders) without having to amend the approved S IA and SIA (which will require additional Council action). The new provision would also allow the substitution of securities by the guest builders in place and stead of the original security hosted by the master devel~er. In response to this request, staff l!;roposes that the followin~ clause e added to the proposed S IA and SIA. This will authorize the ity Manager to allow assIgnment of certain on-site obligations to the guest builder if there is no adverse impact to the City's interests. "Assignability. Upon request of the Developer, any or all on-site duties and obligations set forth herein may be assigned to Develoher's successor in interest if the Citl Manager in his/her sole discretion determines that suc an assignment will not adversely at ect the City's interest. The City Manager in his/her sole discretion may, if such ass~nment is requested, permit a substitutIOn of securities by the successor in interest in place an stead of the original securities described herein so long as such substituted securities meet the criteria for security as set forth elsewhere in this Agreement. Such assignment will be in a form approved by the City Attorney." A Develohment A~reement is currently being prepared by the City Attorney's Office for subsequent approval y the CI8 Council. This document shall clearly define additional conditions required to be satisfied bl A I Sunbow in addition to those mentioned in the Supplemental Subdivision Improvement greement. These additional conditions will include requirements to improve parks, conditions for Olympic Parkway and requirements to construct the Fire Station located in Sunbow Phase lA. The Developer's Disclosure Statement is included as Attachment 5. The Developer has further agreed to provide improvement securities to guarantee labor, material and faithful performance for the following: Labor & Faithful Public Improvements Materials Performance Drawing Nos. East Palomar Street $249,600.00 $249,600.00 99-789 to 99-793 Major Infrastructures U-5 $1,330,000.00 $1,330,000.00 99-951 to 99-977 Major Infrastructures U -6 $1,437,000.00 $1,437,000.00 99-951 to 99-977 Monumentation $60,000.00 N/A N/A Transportation Development Impact Fee Agreement On Council's agenda this evening is a public hearing to update and increase the city's Transportation Development Impact Fee Program (TDIF). Part of that Ordinance speaks to the process for reimbursement or credit against fees once a developer has constructed or financed the construction of certain roadway improvements included in the program. What is proposed with Sunbow, via this agreement, is the authorization to convert a certain amount of credits for such roadway construction from cash credits to eÓuivalent dwelling unit (EDU) credits. In this case, Sunbow will be authorized for a credit of 886 E U's which is equal to $3.54 million of value. Sunbow either has or will be ) 3.- Y Page 5, Item Meeting Date 11/16/99 constructing TDIF eligible roadways including Telegraph Canyon Road widening, Medical Center Drive, East Palomar Street, and helping to pay for a portion of Olympic Parkway. The ability to convert cash credits to EDU credits in this instance is somewhat similar to what is also being proposed for Eastlake in order to be able to attract the Leviton Manufacturing Company to the Eastlake II Business Park (also an item on tonight's Council Agenda). The EDU credits assigned to Sunbow have to be used within the Sunbow Project and may be used in the future to create an incentive for the development of the industrial employment park located in Sunbow south of Olympic Parkway. Further, as previously mentioned, the City has been working with Sunbow on a Devel?}]ment Agreement which is expected to come forward to the City Council in December of this year. he Development Agreement will provide benefits to the City through the expediting and earlier construction of park facilities and a fIre station than is currently reðuired through the project entitlements. Approval of this map, the agreement, and the TDIF Up ate will all facilitate the orderly development of the City in accordance with the Chula Vista General Plan and provide the necessary infrastructure to implement the plan within the Sunbow Area. FISCAL IMPACT: None. All staff costs associated with processing of imhrovement plans and fInal map will be reimbursed from developer deposits. Further, the applicant as paid for all costs associated with the processing of the Affordable Housing Agreement. Attachments: Attachment 1: Resolution #15640 dated 5/22/90 Attachment 2: Resolution #17177 dated 7/22/93 Attachment 3: Sunbow II Location Map Attachment 4: Plat - Sunbow II, Units 5,6,13,14, and 15 Attachment 5: DevelÓer's Disclosure Statement Attachment 6: Street edication Plat FXR/dek File No. 0600-80-SBO13F 0735-1 0-OSD35 November 11, 1999 (l1:42am) H: \Home\Engineer\Landdev\sunbow 1 c \casunbow 1 c. dek /3,r--- <-o? '¡:';;;:.....':;¡,;"".. . . ;' . .... . .. .., '~-~."::.. .:,' --~_.~~ . ~. -' . . . ~fl.l.<-~'., . - ~ t RESOLUTION NO. 15640 E Y - 3 Q5 \ RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING TENTATIVE SUBDIVISION MAP KNOWN AS CHULA VISTA TRACT 90-07 AND COMMUNITY DESIGN GUIDELINES FOR THE SUNBOW 11 PROJECT, LOCATED SOUTH OF TELEGRAPH CANYON ROAD, ADJACENT TO THE CHULA VISTA MEDICAL CENTER, EAST OF GREG ROGERS PARK - The City Council of the, City of Chula Vista does hereby resolve as follows: WHEREAS, Rancho Del Sur Partner5hip has submitted a tentative subdivision map known as Chula 'Vista Tract .90-07., Sunbow 11, in order to subdivide approximately 602 ac.resinto 1 ots for Sing1 e and Multipl e-family Residential, Col1lßerciã1, CoDlllunity Recreation" lndustrial Park, candidate Elementary School site and Open Space, and WHEREAS, also submitted for consideration and adoption is the Sunbow II Community Design Guidelines; - a design manual whose purpose will be to guide the design of future site plans, architecture and landscape architecture within the Sunbow II Planned Community, and , ~ ...... WHEREAS, the property, which is located south of Telegraph Canyon Road .. adjacent to the Chula Vista Medical Center, was annexed to the City of Chula Vista after a public hearing at the City Council on Februa~ 20,1990, and WHEREAS, the requi red pub 1; c heari ngs at the Pl anni ng CoUlDi ssi on and the ,City Council on the Sunbow II General Pl an, Zone Change, SPA P1 an and, Environmental Impact Report have been concluded, and WHEREAS, all plan approvals and certification of the EIR have been duly adoptedby~he City Council at the reconmendation of the Planning ColllIlission, and .... WHEREAS, the City Environmental Coordinator has reviewed the proposed Tentative Map and Design Guidelines an~ determined that they are in confonnance, with the ,SPA Plan, 0 therefore, no separate enviromnenta1 review would 'be necessary, and' WHEREAS, on April 25, 1990, the Planning Commission voted 5-0 to recommend that Council approve the, proposal in accordance with Resolution PCS-90-07/PCM-90-0l. NOW, THEREFORE, BE IT RESOLVED that the City Council of'-the City of Chula Vista does hereby approve the tentative subdivision. map for Sunbow II, Chula Vista'Tract No. PCS-90~O7 and Sunbow II,Communitÿ Design Guidelines, PCM-90-0l based on the following findings: I ., . ~ D \ / .3 ,/ ? := .A T T A C H MEN T 1 . "'.'. ,"'. ..' .,...".., - ,., .' . '., .:-.: '-.. ' Resolution No. 15640 18 . - . . . Page 2 . . . . .... - . Pursuant to Section 66473.5 of the Subdivision Map Act, the tentati ve - subdivision map for $unbow II, Chula Vista Tract 90-07, is found to be in conformance with the various elements of the City's General Plan based on the following: 1. The site is physically suitable for residential development and the proposal conforms to all standards established by the City for such projects. 2. The design of the subdivision will not affect the existing - -. improvements, - streets, sewers, etc., - which have been designed to avoid serious problems. 3. The project is in substantial conformity with the Chu1a Vista General Plan Elements as follows: a. Land Use- The project iscons;stent with the adopted .sunbow 11 General Development Plan and SPA P-lan, which~ 'inturn, confonn to the Chul a Vista General P1 an. The residential dwelling unit total of 1946 units is at the mid-range of the residential units permitted here by the General Plan. b. Circulation - The project will be served by pub 1 i c streets which confonn to City standards, and which are listed in the ,;.. City General Plan Circulation Element. All on-site and ~ off-site improvements will be instal1ed in accordance with .-\ the Public Facilities and SPA Plan for Sunbow II. c. Housing - The proj ect will provide housing by type and residential densi ty , cons; stent wi th C; ty General Pl an and Sunbow II SPA Plan designations. d. Conservati on - No cul tural resources have been found on the site. Sensitive biological resources identified in Environmental, Impact Report are being - protected according. to all the prescribed mitigation measures, -special attention being paid to the 10ng-ter;m preservation of Poggi ca~~o_n. e.' Park-and -Recreation,' Open Space - ÃpprQximately..180. ~cres(30 percent)~ 'ofÇthe'site" fs"';dedicated to' permanent'" open '¿space. This is greater than the area shown in the Cfty~GeneralfPlan. A 10 acre ColIl1lunity Recreation Center comprising active and passive recreation usèswill be dedicated to the Çit.f as'part of an in-lieu-of park fees agreement. This facility '.wnl - assure provi si on of much needed recreation facn i ti es in' thi s geographical location. f. Seismic. Safety - A fault'trace. known: as .the La Nacion fault has been i denti fi ed, and it crosses' over mostly. open space designated areas on the site. All construction and bùi1ding setbacks in the proximity of, or. adjacent to this fault, .'- shall .be subject to the recommendations of a qualified geologist. -.- -- 1)/7 .- . " . . . Resolution No. 15640 . Page 3 g. Safety - A new fire station is planned to be built within the Sunbow development. Thi swill penni t properly equi pped uni ts to respond to 85~ of a 11 emergency ca 11 s wi thi n 7 mi nutes. Fire hydrant spacing, and water pressure requ; rements will meet -the standa rds set by the City. Pol ice response times are within the threshold standard. - h. Noise -Final development plans and grading plans will be required before a site-specific acousti ca 1 analysi s can be - - prepared by the applicant to determine specific, mitigation measures which ,must beappli ed for residential areas with potentia' no1 se levels over 65 dBA. Very few areas are potentia ll,y impacted; ,e.. g. the facades of buil di ngs adj acent "to portions of 'Medical Center Drive and Naples Street could range up to 69 dbA CNEL. i. Sceni c Hi ghway - -East Orange Avenue traverses Poggi Canyon which fonns partofa scenic corridor. Almost all of the 180 acres of 'pennanent open space which will be públicly dedicated in Sunbow II li~s in this location. Additional open space dedi cati on andlandscapi ng will occur adjacent to the Telegraph Canyon Road scenic corridor. r'/' j. Bicycle Routes - City and County staff are worKing toQether ,- to locate on-street and off-street bicycle lanes and pathways along East Palomar Street and East Orange Avenue. In both these 1 ocati ons, there are suffi ci ent ri ghts-of-way for the implementation of either on-street or vehicular-separated bicycle travel options. k. Public Buildings - The project will be incorporated into an established Mello-Roos District in order to provide for -, adequate school facilities. The Conmuni ty Recreati on Center -, ,-- building will ,also become a, pub li c facility which ,-, incorporates recreationusesandcoRlDunitymeeting rooms. '-. ,P BE IT FURTHER"RESOLVEDthat:tsaid tentative map and convnuni ty design guidelines are, subject to"the' following conditions: , , ' \ .." - . L a. Theproperty~'owner~~hall' be. responsiblec for the construction of full street improvèments for all the public streets shown on the Tentative Map within the subdivision boundary and for the ~,', constructi on < of necessary off-site improvements as ; dentiJi ed in the Sunbow Public F aci li ti es Financing Plan (SPFFP) and EIR. Street uNN'. shall be constructed to Industri al.Str~~t Standards. --- ----- - ,--'-" " , -' - - " " ..', . "'" "", , "', :./,' ",:", >, .. " b. Sa; d"'.improvements' shall ;nclude~: but not be 1i mi ted to, asphal t concrete pavement and base, concrete curb, gutter and ..... si dewa 1 k, . sewer, water and drainage facilities, street ì lights,trafficJsigns, fire hydrants, transitions to existing y improvements, traffic-signals, street trees and bike lanes as required ~ ~et CiW s~s for street s~tions. .- , , /"3 r""" ... "' ., ' " ,.,' '",. . "..hO .._..-,..~, " ,. :', .:','.:,",'" ",O_"',,~, , Resolution No. 15640. . . Page 4 . ". c. All streets shall conform to the City's Street Design Standards Pol icy unless otherwise approved by the City Engineer. 2. The property owner shall acquire and convey easements for all off- site, streets, public storm drains and sewers prior to approval of the Final Map. 3. All work within the public right-of-way shall be done in accordance with the current editions of Standard Specifications for Public' - Works Construction7 the San" Diego Area Regional Standard Drawings and the Design and Construc"tion Standards of the City of Chula Vista. All design shall",conform to City of Chula Vista Subdivision Manual (edition in effect at time 'the tentative~map ;s approved), the current Standard Drawings,' and the Street" Design Standards Policy (1989). 4.. The property owner shall notify :theCjtyat 1~ast-60 days prior to consideration of the Final Map by ,City if ;offsite , right of way cannot be obtained as required by :the Conditions of Approval. (OnlY off5iteright of way or easements affected by Section 66462.5 of the Subdivision Map Act are covered by this condition). After said notification, the owner shall: ':. . 11- ~- "a.. Pay the full cost 'of acquiring offs;te Tight of way or easements required" by -the ,Conditions. of Approval of ,the - Tentative Map. b. Deposit with the City the estimated cost of acquiring said ri ght of way or easements. Said estimate to be approved by the City Engineer.. . c. Have all easement and/or right of way documents and p 1 a ts prepared and appraisals complete which,' are necessary to 'cqllll1ence-condemnationproceedings.- d. " If toe developer.' so:' requestsi:"the',City may,'use, its powers to acquire right ófway,-.:easements,'::- or licenses: needed for offsite improvements or work rel ated to, the tentative map. : The~ developers; sha11 pay, all"costs,both direct and indi rect incurred;n said acquisition. -, The requirements of a, band c above"shall be accomplished prior to approval of the Final Map. ' All offsite requirementsc which falL, under, the~,purview of Section 66462.5 of the State Subdivision Map Act will be waived if the City :.does", not comply with., the: 120. day time',.1imitation>specified in that section of.the Act.:. .. 5. The " property' owner. may be reimbursed from ',' the DIF, or from 'applicable, reimbursement districts' as they':-may':be fonned in the j ." future" for offsite right-of-way or easements necessary to complete .' "improvements required by the DIF program or reimbursement districts. );7--j .' - "-- -'-- '. . . ~ - Resolution No. 15640 - Page 5 , 6. An erosion and sedimentation control plan shall be prepared as part of the grading plans. 7. The property owner shall comply with all relevant Federal. State and Local regulations, i nc;l udi ng the Clean Water Act. The developer shall be responsible for providing all requi red testi ng and documentation to demonstrate said compliance as required by the City' Engineer. ::: 8. The property owner shall guarantee the construction of all interior pub 1i c improvements .required for development of any unit of development prior to approval of the Final Map for said unit. 9. Prior to Final Map approval, the property owner shall enter into an agreement with the City whereby: 2.. The property owner agrees that the City may withhold building pennits for any units in the sùbject subdivision if anyone of the following occur: 1. Regional development threshol d limits set by the East Chula Vi sta Transportati on Phasing Plan have been reached. yì, ~ 2. .Traffic volumes, levels of service, public utilities i. and/or servi ces exceed the adopted City threshold standards. - b, The property owner agrees that the City may withhold occupancy pennits for any of the phases of development i denti fi ed in the Sunbow Public Facilities Financing Plan (SPFFP) if the required public facilities, as identified in the SPFFP or as amended by the Annual Monitoring Program have not been completed. ... The property owner may propose changes in the timing and sequencing of development and the ,construction of improvements affected. In such case, the SPFFP may be amended as approved by the City Planning Director and Public Works Di rector. .' Phase Facilities Needed* lA 1, l, j, 4, ~, b, 2~ (See Table I for lB 7,9 description of lC 10 each faci l.i ty) IIA 11,12,13 ,lIB l2A III 14,'15 - I::J, * Facilities shall be guaranteed prior to approval of Final . Map for' the corresponding phase and completed prior to issuance of occupancy pennits for each corresponding phase. 0- /3 ,-/ CJ ,'" '" . ""- Resolution No. 15640 . . . Page 6 . . . . . , - . TABLE I t - - Facil ity Description . 1 Medical Center Drive - construct four-lane Collector Medical Center Court to East Palomar Street 2 Medi ca 1 Center Dri ve - construct Cl ass 1 Collector - East Palomar Street to Brandywine Avenue - - 3, ' East Palomar Street - striping - 1-805 to Oleander Avenue 4 East Palomar Street - construct four-lane Major one lot east of Oleander Avenue to Medical Center Drive 5 Telegraph Canyon Road - widen to S1 x-l ane Prime Arteri a 1 Oleander Avenue to eastern SPA bounda~ . " 6 Tel egraph Canyon Road wi den the northsi de to provi de four westbound travel lanes from 1-805 northbound on-ramp to a point easterly of Halecrest 7 East Orange Avenue construct five lanes of a six-lane Major - Oleander Avenue to Medical Center Drive. I-.' . II--- &- 9 East Palomar Street - construct four-lane Major - Medical ~) Center Drive to limit of Phase IB development ) 10 East Palomar Street - construct four lane major - from Phase IB development to Paseo Ladera 11 East Palomar Street - construct four lane Major from Paseo Ladera to eastern SPA boundary . 12 Paseo Ladera - construct four-lane Collector - Telegraph ,Canyon Road to East Palomar Street - . 12a Installation of Traffic Signal at East Palomar Street and Paseo,Ladera ' " 13 Telegraph Canyon Road and 1-805 - Install a traffic signal at southbound ramp-añd- 'widen the southbòund, on/off ramp to accommodate the dual left turn lanes to southbound 1-805 14 East Orange Avenue improve one~half width of a six-lane Prime Arterial from Medical Center Drive to east SPA bounda~ - 15 Telegraph Canyon Road 'and 1-805 - wi den., south - s1 de of Telegraph Canyon Road under the 1-805 overcrossing to provide a third eastbound through lane. and restri pe/wi den the northbound off. ramp to provi de two north bound to eastbound -"I . ,.) right turn lanes. " ":"-'..J' .- JJ -J¡ .- ,. ,.... ,.' - -' -.'--'."--'" . ',.',." ... ,-.. ' " - , , , -, ~---,,--,':"""',-'--" ,,-,' .. . . . Resolution No. 15640 Page 7 , 25 Construct off-site sewer to serve Poggi Canyon Basin 10. Prior to Final Map Approval: a. The property owner shall agree to not protest formati,on of a di stri ct for the maintenance of lighting and landscaped medians and parkways along streets wi~hin and adjacent to the subject property. - b. The property owner shall agree to not protest fonnati on or - inclusion in an,Open Space District. - c. The fjropertY 'Owner .shall agree to not protest fonnation or inclusion in a district for the maintenance of the Telegraph Canycn drainage channel. d. The 'property owner sha 11 agree to not protest formati on or ; nc 1 us; on in â di stri ct for the: mai ntenance of Poggi Canyon drainage faci1i~ies. e. The property owner shall agree to not protest format; on or inclusion in a sewer reimbursement district. ,;, 11. An improved access road with a minimum ~idth of 12 feet sh~J be provided to sanitary sewer manholes. The roadway shall be designed for an H-20 wheel load or other loading as approved by t.he City Engineer. Compacted decomposed grani te may be used for access roads in Po~3iCanyon. 12. Graded access shall be provided to all public stonn drain structures including inlet and outlet structures. Improved access as determined by the City Engineer shall be provi ded to public drainage structures located in the rear yard of any residential lot. ,13. tot lines shall be located at the top of slopes except' as approved Íby the City ,Engineer. Lots shall be so graded as to drain to the street or an approved drainage system. Drainage shall not be permitted to flow over slopes. 14. The boundary - of' the subdi vi si on sha 11 be tied to the California Coordinate System - Zone VI (1983). ,15. All vertical curves and i ntersecti on corner sight distance requirements shall conform to the. requirements in the CcilTrans Highway Design Manual. @'Thec,property owner_' shall provide access on an equal basi s to and !' ' upon'individual lots'forall franchised cable television companies. ,,---.... -, - , ',: ~.~' ,- Prior to: Final Map approval, the property owner shall enter into an '! !ÿ / agreement with the City wherein the City is held harmless from any \,-~I {' liability for erosion, -siltation or increased flow of drainage resulting from this project. ' .. /:1 ~/;2 t Resolution No. 15640. . ,. Page 8 . 18. The property owner sha 11 be responsi b 1 e for 'the construct; on - of street, sewer, drainage, etc.. improvements as outlined in the Public Facilities Financing Plan for Sunbow. 19. East Palomar Street, East Orange Avenue, and Medical Center Drive are designated bike routes in the Circulation Element of the General Plan. Accordingly, property owner shall provide the necessary signs and markings to effect the bicycle plan as required by the City Engineer. -::.. . 20. The property owner sha 11 be responsible for obtaining adequate off-site ri ght-of-way and for construction of off-site improvements, from the .southerly end of-Medical Center Court to the ~ubdivision boundary as detennined by theCity,£ngineer. ./--21-: The property owner's obligation to improve or parallel the existing ~~ Poggi Canyon Trunk 5ewer segments ,which.exceed:design capacity due to flows 'from this deve]opmentshall'incJu~.an -oversizing of or paralleling of existing sewer Jines as may. be necessary to accommodate the ultimate projected flow from areas tributa~ to the Poggi Canyon sewer bas;n, and the flow as diverted from the Palm Canyon basi n. The property owner may request the fonnati on of a reimbursement district and a reimbursement agreement ;n accordance. with Chapter 15.50 of the Municipal Code. ~. .- 22. The property owner .shall obtain permission from'the City to deposit - sewage in a foreign basin prior, to approval of any Final Map. The permission shall be in the fOnD of an agreement whereby the City shall agree to such transfer. 23. Prior to Final Map approval, the property owner shall enter into an agreement whereby the property owner agrees to: . a. Fund a study for the preparati on of a Poggi Canyon Sewer Basin Improvement and Financing Plan.», Said:Basin Plan' shall provide C1)' ,an estimate of the ulti.mate sewage flows; (2) the necessary additions'to .the exist'ng' sewer, system to provide adequate, capacity for said flows;" (3).. a.~.method to fairly allocate . the cost for providing the needed improvements; (4) .--. , a method for.. reimbursement , tot:.developers::nPro~iding. sewer ".-- improvements as' outl,i ned .. ijr~the:. Basi n ~ Pla~.: funds provi ded by property owner for preparation'of-th~ Basin Plan shall be subject to reimbursement from fees as may. be establ i shed by said Basin Plan.' . b. Participate in funding of the necessary facilities 'to provide downstream sewer capacity in'.,the,.Main Street~.and,.Date-Faivre tr~nk' s~ers,for". those~ sewer.~~ segm,ents which. thi s ;.deve 1 opment causes 'to exceed ,. City 'design' capacity' standards. The property, owner may request the formation. of a reimbursement ~)) district and a' reimbursement agreement in accordance wi th Chapter 15.50 of the Municipal Code. ' .. 1:J--)J .- "" " "" """-' ", ", "... ..-,..,- ',.;..,.--. ..,~-'..._, .. "d'" ",p., "~~"" ~. .. ..-.,.., ..-" .. , . . . . Resolution No. 15640 .' . Page 9 , c. Provide appropriate security to guarantee the ability to restore the trunk sewers I reserve capacity to a level and condition that would otherwise exist but for sewage diverted into the Poggi Basin by the Sunbow project. Sai d security may be waived if the property owner can demonstrate to the sati sfacti on of the Ci ty Engi neer that the cost ,of improvements constructed by the property owner is equal to or greater than the total of (l) the fair cost responsibility for necessary improvements as detennined by the Basi n Pl an and (2) the ccst of improvements necessary to restore the - reserve capaci t.x.. 24. The property owner ~hal1 enter into an agreement with the City whereby the property owner agrees to participate in the monitoring of existing sewage fJows in the Telegraph Canyon Trunk Sewer 'and the financing of the preparation of the Basin Plan and. pursuant to any adopted Basin ,Plan. agree to participate in the financing of improvements set forth therein. in ,an equitable manner. Said agreement shall be executed by the property owner pri or to Final Map approval. 25. East Palomar Street shall maintain minimum curve radii of 11001 east of Oleander Avenue unless otherwise approved by the City Engineer. ~- c- / '26. Juniper Street shall terminate in a modified knuckle at the intersection with Laurel Avenue. The developer shall be ..- responsible for improvements to the satisfaction of the City Engineer. 27. The minimum cul-de-sac and knuckl e frontage shall be 351 at the property line, unless approved by the City Engineer and Director of . , Planning. --- ~I' 28. Open Space areas which are to be maintained by an open space ---- district shall be granted to the City in fèe. 29. 'A Tot line, adjustment for Lots 1 through 3 of Unit 1 shall be pr~cess~d,1n,conjunction with approval of the Final Map for Unit 1. -- , , E <i~~/:" The maximum gra'de along Paseo Ladera shall not exceed æ. , '.. .. 31. Access rights to Rancho del Sur. Phase 1. Unit 1 of Map 12060 from Unit 12 shall be~ relinquished. Emergency access shall be permitted as determined by the City Engineer. 32. Where existing, buf.ldings are located near proposed manufactured slopes~;the" soil. engineer shall detennine buf.lding setbacks from the.. slope. -, Prior .to.,issuance of a grading permit. the soils engineer's recoJllJlendations shall be incorporated into the soils . report. , J ; 33. Sight visibility easements shall be granted as necessary to comply ,with the requirements in the CalTrans Highway Design r~anual. " /3 -if - - Resolution No. 15640 . . . , . . Page 10 - -- 34. East Orange Avenue shall be constructed to the easterly subdivision bounda~ unless a shorter distance is approved by the City Engineer. 35. ,Buil di ng setbacks from the La Naci on faul t shall be as recOlllJ1ended by a qualified geologist. 36. The soil report shall be amended to provi de recollllJendations re 1 ati ve to buil di ng setbacks. The amendment shall be prov; ded prior to issuance of a grading pennit and final recOlJlJJendations - - provided prior to issuance of any building permits. r- " "37. The location of street entries and major entries for multi-family \ projects to public streets shall be approved by the City Engineer. 38. All streets within the multi-family develnpmentsshallbe, private. Deta i 1 ed hor; zonta 1 and vert; ca 1 alignment of 1:he centerline of said streets shall be reflected on the improvement plans for said developments., Design of said streets shallm~t the 'City standards for private streets. 39. All subdivisions proposing private streets with controlled access devices, such as gates, shall contain the following features: Gates shall be approved by the City Engineer. Gates shall be ,f a. '.... located to provi de suffi ci ent room on the pri vate roadway to ~ -, queue without interrupting traffic on public streets. . ì b. A turn around shall be provided at the location of the gate. The size and location of said turn around shall be approved by the City Engineer. c. the border between publ ic street and private street shall be delineated through the use of distinctive pavement. ,'- -, ', Provisions shall be made for emergency vehicle'access. ' . . 'I d. ,'.., "f ,- , ,', '\,' dedicated as shown the ,'., '40. All the streets shall be on subject \' Tentative Map except Street II NN II which' ,- shall be dedicated to .. .- I' Detailed :~: horizontal -and vertical t. Industrial'~Street Standards~ alignment for said streets shall be reflected__on.t~e,improvements plans,' for, the,' subject subdivision or" any~'ûnit,-.thereof.' Design of said streets shall meet all City standards for public streets. 41. At the intersection of East Palomar Street and Street .YY", no left-turn movements shall be allowed onto East Palomar Street. 42. 'The property: owner: shall be responsible 'for," instalJationof a traffic signal- at.. theintersectfón:: of ',East Orange "Avenue and , Medical~ Center,bDrive prior' to: approval ~of Final:: Map. of Unit 19. Said improvements, may be included in thèTransportationDIF program in the future. ' :')j '-~~ ~¿5 ,.. ;3 ," -- . . . . Resolution No. 15640 . . Page 11 ---- , / 43'~ The property owner shall be responsible for ensuring that \......./ stonmwater discharge flows do not exceed predevelopment flows for a \" 50 year desiQn storm. - 44. The curve radius of the access to the school site (Street IIAA" to the intersection with Street 8RR'1) shall meet or exceed the requirements for a Class 3 collector. Deviation from this Standard may be approved only if it can be demonstrated by a registered civil' engineer, that ,- the City Standards are not reasonably - achi evabl e. Any deviation must confonn with COEon engineering practice and standards in consideration of public"safety. , @~ Prior to issuance of a grading permit" for areas draining to the , detenti on basin at the southerly boundary. the developer shall " " guarantee maintenance of the ba$in until such' time as final grading ....' ~ " ,,'~' . ,,--, for each basin has been completed and the City. through the Open '. > Space Mai ntenance Di stri ct. accepts the mal ntenance responsi bil i ty :, ", \"'~ ~ ,.:\ for said basins. The City may accept iesponsibility for each basin v... separately. '46. Prior to approval of any Final Map which includes a portion of East Orange Avenue or East Palomar Street, the property owner shall submit plans demonstrating the feasibility of the extension o~.said streets. .~ ;..- , 47. The proposed main and associated manholes shall not be sewer located;n the raised medians. 48. The construction of stonmwater detention basins in the Poggi Canyon Drainage Basin shall be phased with the development of the ~outhern portion of the Sunbow project, and the construction of East Orange Avenue. All costs associated with the construction sha 11 be initially borne,by the property owner. Should a drainage improvement district be fonned at a later date to accommodate upstream flows, excess capacity provided by Su~bow may be reimbursed from. the drainage district. ---- , . . : ( ;49. Underground traffic signal equipment and, traffic signal standards shall be _installed at the following intersections: a. Paseo Ladera and Telegraph Canyon Road b. Medical Center Drive and Medical Center Court ,c. East Palomar 'and Medical Center Drive d. East Palomar and Paseo Ladera Mast arms. signal heads and associated equipment shall not be . installed -un~ess approved by the City Engineer. (--'" Interconnect conduit~pull boxes and pull rope shall be install ed ~9. " " I ' to connect the following intersection signal systems: J / J ~J? 0" ',". ,_. ',' ;.,. -- Resolution No. 15640 . . Page 12 a. Telegraph Canyon Road/Paseo ladera to Telegraph Canyon -, Road/Medical Center Drive b. Paseo Ladera/East Palomar to Medical Center Drive/East Palomar c. Medical Center Dri ve/East Palomar to Medical Center Drive/Telegraph Canyon Road d. Medical Center Drive/East Palomar to Medical Center Drive/Orange Avenue r Sl~ Striping plans shall be submitted for the following streets: Paseo - Ladera. Medical Center Drive. East Palomar. East Orange Avenue. - Street IIJIt. Striping plans shall be approved in conjunction with improvement plan for said streets by the City Traffic Engineer~ 52. The ,property owner shall grant the City 11 control lots adjacent to the f 0 ì 1 owi ng streets a. East end of East Palomar Street b. East end 'of East Orange Avenue ~ 53. The property owner shall submit lias bui1tll improvement and stonn drain plans as required by the City Subdivision Manual. Additionally. the property owner shall provide the City said pl ans and all final maps in DXF file fonnat. ¡ ", vv,~ 7 .' 1.';-. ' \ . ¡.;... / 54. Pri or to approva 1 of any IDJi 1 di ng permits for si ngl e fami 1y ¡- - residential use. the developer shall submit a list of proposed lots - indicating whether the structure will be located on fill. cut. or a transitIon between the two situations. 55. The property owner shall comply with all applicable sections of the Chula Vista Municipal Code. Preparation of the Final Map and all plans shall be in accordance with the provisions of the Subdivision Map act and the Cfty of Chula Vista Subdivision Ordinances and Manual. 56. The proposed Fire Station site. Lot IIXII., -located"south of Unit 2. Pl anni ng Area 13. is. requi red to meet Cf ty. " c~i teri a for fi re station design and layout. The lot siz~will be at least 1 acre with. a minimum' usable area of .80 acre. or, modified to the approval of the Fire;Chief~'" ,', 57. Fire hydrants shall be required at maximum 500, ft. spacing subject to review and 'approval of'the Fire Marsh'all. 'Main pressure shall not exceed 150 psi. and residual pressure shall be 20 psi. . . 58. Fire hydrants to be installed. tested and operational prjor to any combusttble materials placed on site; 1000, gpm, for single family development; . fire flow for. multi-family". dwellings' based on construction type and square'.. footage",c'C1988 UFC; Appendix III-A; coninercial to be determined. Roadway,; access for fire apparatus - shall be provided to coincide with construct:ion.' Fire department ) , requires minimum turning radius of 40' feet in order to turn fire -> apparatus. ? 7 ." I ~ - I .- " . . '. . . . Resolution No. 15640 ", . Page 13 I ~ 59. Prior to Final Map approval, a site-specific acoustical analysis sha 11 be prepared and submi tted to the Ci ty Envi ronmenta 1 Coordi nator. ' Acoustical barrier section as well as housing construction and design for any residential areas identified within a 65 dBA contour or greater shall be subject to review and approval by the Chula Vista Building Director to ensure interior noise limits of 45 dBA. In addition, the-Planning Director shall review and have approval - authority for barrier and/or buil di,ng desi gn to ensure 1 ine of site - acoustical protection for all exterior areas subject to 65 dBA contours or greater. ' 60. Retaining walls shall have a maximum h~ight of 7.5 ft., or be otherwi seapprovedby "theDi rector of Planning. The restrictions on retaining wal1.s shall be 1ncl uded with the CC&R' s. 61.. The City may require a street guar'drail to be placed by the developer along the 50uth edge of 'East Orange Avenue, and, a protective fencing ,system may be installed around the water retention basins in 'this area. The final designs and types of construction materials shall be subject to approval of the Director of Planning and C;tyEngineer. '!-: ~ 62. Walls and fences shall be constructed per the wall and fencing-plan r-o shown in the SPA Plan, adjusted accordingly in their placement, due : - ) .¡ - to tentative map 'site planning refinements. ,_\.-\.i.~3. All open space lots adj~cent to public ri'1hts-of-way shall maintain .', 1/ ,------,,' a mi nimum wi dth so as to provi de 10 feet of 1 andscapi ng treatment . . behind the bacK, of sidewalK, or as otherwise approved by the Director of Planning. 64. Boundary separation of open space lot Lot I'F", Unit 1, from Greg Rogers Parl(- property, will follow the eastern edge of the service ,'road which coincides with the sewer easemeñt in this vicinity. 65. The disturbance and loss of v.egetation due to grading in the vicinity of Greg Rogers ParK and the, Chula Vista Boys and Girls Club,.,wil1,- be. replaced and relandscaped to the approval of the Director of ParKs' and Recreation. - . "A..., ."-c.' . 66. OverlooK areas' for Poggi Canyon (Lot I'K"), located at south tenninus of Street IIJ", south tenninus of Street I'S",' south ,tenninus ofrPaseo, Ladera and the south tenninus of, Street I'MII, shall be' desi,gned, and,~ constructed to the approval of the Di rector of Parks andiR~r:'eation. " 67. In exchange.' for, the-development, and dedication by the developer to the City of a Park" and Recreation complex, which is. subject to the (~ " approval of thê Director of Parks and Recreation as described in i,,::,,) the Sunbow II SPA Plan and Public Facilities Financing Plan, all ParK Acquisition and Development (PAD) fees shall be waived. (Refer ,'to Sunbow II' SPA Plan and Public Facilities Financing Plan -- documents).,' / J --- / r ,,' '-- 0 -00 - -, -'.' , 0 - - -, -" . 0'-- Resolution No. 15640 tIÞ . Page 14 . . ' . . ." - 68. Applicant shall request annexation to Open Space District 18. Open .. space areas which are to be maintained by an open space district ~ shall be dedicated to the City in fee title. Landscape maintenance of this open s¡:ace shall be accomplished by the developer or homeowners association for a minimum period of one year, which may be extended, until such time as accepted into the open space maintenance district by the Director of Paries and Recreation and City Landscape Architect. Lot aDD" and adjacent off-site graded areas shall be landscaped by the developer and maintained by the developer or homeowners association until such time as the entire - area can be addeD ~o the open space district, subject to acceptance - by the Director of Paries' and Recreation and City Landscape Architect. '. 69. For walls which -are located 'within the open space maintenance di stri ct,ownersofadj o,i ni ng lots :shaH 'sign a'statement when purchasing their homes ~hat -they are ãware~hat the wall is on City property and that they may not modify or supplement the wall or encroach onto City property. These restricti ons shall also, be reflected in the CC&R's for each lot. 70. Prior to Final Map approval landscape and ; rrigati on plans, erosion control plans, and detailed water management guidelines for all landscape i rri gati on including all open space lots, shall be l' submitted and subject to review and approval of the City Landscape ft.- Architect and Director of Parlcsand .Recreation. The landscapi ng tr- ) format-within the -project shall be to emphasize native, ,------... drought-'resi stant 1'1 ant lDateri al.. Excl udedfrom' the requirement ' , are active recreational areas. Exceptions can also be made for areas where reclaimed water is exclusively used~ 71'. ,Water pipe shall be placed within the project to accOJ1lllodate recl aimed water use on site in accordance with pl ans approved by the Otay Water District and the City Engineer., 72. Developer -shalL provide on-site infrastructure to"âccept and to use reclaimed water, when it is available, from the appropriate district to use such water for par~and 'parkw~ landscaping.and the proposed park pond. . 73. As needed-by the City, developer -shal1='provide access to; open space areas for maintenance and'~fire'protection.~- Prior:;:to! F,Jnal Map adoption, adequacy and pl acement. of such access shall be approved by, the City Fire Marshall and Director of Parks and;RE!c~eation.- 74. Prior to Final Map approval, the'open" space trail {', system and adjacent landscaping shal1 , be .mapped,'~ and be subject- to the approval of the Director of Paries and'Recreation: 75. Slopes' on. the,south side of'the'~future Palomar" Street.' extension, . just east of Oleander Avenue, which face onto the, street, shall be incl uded in Open Space District 18.' (Fl air Banks - presently Park "-;J lands). ' ' ." J] -/; o' " - . '. . . . Resolution No. 15640 . - .-' Page 15 , :.- ( 76. Telegraph Canyon Road medians (and parkways). as identified, in the Sunbow Public Facilities Financing Plan, shall be included in Open Space District 18. 77. Developer shall provide for clear visual and physicalseparaticms wherever open space di stri ct areas interface wi th: . . - Privately maintained areas - sc~ool district maintained areas - - fire department.maintained areas - industrial park ,maintained areas - Parks division maintained areas - areas maintained by other l)ublic agencies - :,~ny, an(alJ othe~_contiguous properties' Said separations or delineations may be theme walls, fencing, etc. The Direct~r of Parks' and Recreation :shall approve the design of all said separations. : - 78. Open Space Di stri ct-mai ntai ned street frontage 1 andscapi n9 shoul d not be extensions of the front yards of residences. '79. Turnover of mai ntenance of open space areas to the Ci ty w;i.ll be withhel d until all encroachments and dumpi ng issues (constrftjëti on and otherwiseJ. which may occur during construction and landscape ) maintenance' by the developer are rectified by the developer, to the '- satisfaction of the Director of Parks and Recreation. 80. The Final Map shall indicate the' area acreage for 'ill open space -.,- lots. . .-- The developer 'shall that -" -- 81. ensure prospective purchasers sign an -,' assessment disclosure statement fully explaining the fact they are ,- '" "'- ,1.n c' a...; speci a 1",.: open space di stri ct. - and what the proj ected -,.,,'" ,,;-.:' , ,: ':assessments are anticipated to be. both in the near future and at '~,'ultimate¡ subdivision build out. ..- 0,,"': ; '82. -'BrQw'! c,hannelS:and, ditches emanating, from, and/or running through , ',' -. ~--, , ' , ,0 -~~' ;. City' i Op'en~Space shall~ not be ,routed through private property and ", '...., .: .. vi ce 'vers~~-,'c, ' , . 83. All utilities which service open space shall be located within City o~en sp~c~; or ~i~hi~ dedica,ted City right-of-way~ " 84.' Prior ::to "Final Map'; approval, the developer shall prepare an affordable: hôusing'program. acceptable, to the CÒI1IJ'Iunity Developer Director. having 'an established goal' of providing 5' of total approv~d d~el1.i:ng,uni~s,for low income and 51 moderate income. 85. The 16 inch water line located south of East Palomar Street. along ,', ,\ the western property boundary of Unit 2. Planning Area 13. shall be oJ relocated. if necessa~. per the requirements of the Otay Municipal , Water Di stri ct. .- - ", . .( ) ~ ~t), ",---- _dO< ------~---~...._",..- .--,.-._---", --- - -_. -- .."-- .-.~-"'-.. -'-'--'~~'--_.~~-,~-,--,"".';';'.J--'--"'---'--".'" ~.....;:....,"---.. ",',.'c .,..'.;.- Resolution No. 15640 . . Page 16 . . . . .' -, 86. All development within the subdivision boundary shall be 90ne in compliance with the Sunbow Mitigation Monitoring Program. --- " " 87. The following statement shall be placed.on the Final Map: "Please be advised that the City of Chula Vista intends to adopt a Growth Management Element, Transportation Phasing ,Program, and other related growth management implementation programs, which may regulate the location and timing of development in the City. The City intends that development ofprope~ included in the Final Map - will be subject to the provisions of these programs. Owners listed - on this map shall be responsible for providing notification to any purchaser or successor in interest -to any portion of this property of the CitY'5 intent in thi!.~gard".; . 88. Concurrent with the recordation of a~ final map for Sunbow II, the developer shall submit an irrevocable, letter ,of dedication to the City of the 10 acre park site ,~(Unit 15, Planning Area 9). Thereafter, the City' may exercise the op;tion to accept this dedication at any.time of its choosing. The dedication does not alter in any way all the other conditions of approval relative to the turnkey status of the Community Recreation Center, Olympic SwilllDi ngPoo 1 and Park facility as " detailed in the Sunbow 11 Public Facilities Financing Plan. ;/.: ¡;- 89. r~ultiple final maps can, be, approved on the, ",tentati ve map bei ng ,- considered, prior to the ex:-iration of: the tentative ,map, - pursuant to Government Code Section 66456.1. Before recordation of any final map for any unit, the provision of all facilities affecting the Phase' (as defined in, the, Public Facilities Financing Plan) of. which the unit is, a part shall be guaranteed in accordance with the timing ~nd other requirements of the Public Facilities Financing Plan., In -addition, all agreements required- pursuant 'to the conditions, of;approval~,~fòr-- this tentative map, the Sunbow II SPA Plan or Sunbow;~11. GeneraL Development Plan which relate to any unit, to the satisfaction of "the Director of Planning, and City Engineer shall.' be ~ecute,d;by Sunbow prior to .. approval,ofthe' final map.All:such;;.c~n~f~t~ns,~or:,:faci1_ities shall be completed' prior to issuance 'of occupancy' permits, . according to ,the conditions 11 sted in the Sunbow II Public' Facilities Financing Pl an. .. -, This condition is not intended to. nor shall it penuit. the filing of a ,master final map. unless approved by the City, Engineer, wherein each unit or phase is shown as a.single lot for future sale or finiìncing purposes. ' -, Presented by Approved as to form by /~.4 & - : .5J.,l:Jv~ J IL-Ç~, .J ." Robert A. Lel ter . ,2; U. Klchard Kudo I t ( ¡ ., Director of Planning / _5 r . Assi stant Ci ty Attorney--- _';';"""'--":'-"" '-, ,.---.. . . . . . Reso1 uti on No. 15640 - . Page 17 . , \ PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista, California, this 22nd day of May, 1990 by the following vote: AYES~ Councilmembers: McCandliss, Moore, Nader, Cox NOES: Councilmembers: None ABSENT: Councilmembers: Malcolm ABSTAIN: Councilmembers: None ATTEST: . . .,:;. ~- STATE OF CALIFORNIA) - COUNTY OF SAN DIEGO ) ss. CITY OF CHULA VISTA) -- - I, Beverly A. Authe1 et, City C1 erk of the Ci ty of Chu1 a Vi sta, California, do - -.-hereby certify that the foregoi ng Reso1 uti on No. 15640 was duly passed, approved, ¡and adopted by the City Council of the City of Chu1a Vista, California, at a regular meeting of said City Council held on the 22nd day of May, 1990. Executed this 22nd day of May, 1990. /3 '-~:L .- - ~ - . - . RESOLUTION NO. 17177 RESOLUTION OF THE CITY OF CHULAVISTA CITY COUNCIL DENYING THE APPEAL AND AFFIRMING "THE PLANNING COMMISSION DECISION TO APPROVE A ONE YEAR TIME EXTENSION FOR THE SUNBOW II SUBDIVISION, CHULA VISTA TRACT 90-07 -- ~WHEREAS, on May 22, 1990. by .Tes01ution No. 1564, the City Couneil approved the original tentative map for ~hesubdivision known as Sunbow II, Chula Vista tr~ct 90-07¡and, WHEREAS., duly veri-fied.appTåcation for a "tentative map extension was filed with ~he Plann;ngDepartmentof~the tity of Chula Vista on February 22,1993 by the Rancho .Del Sur Partnership. owner of :the property prior to expiration of the tentative map; and. . .' WHEREAS. sa; d app 1 i cation,subsequently -amended on July 1st 1993. requested a 12 month tentative map extension to May 22, 1994¡and. - WHEREAS, on June 30,1993, the applicant and its possible successors in interest accepted the clarifications of existing conditions and new conditions as set forth in the Planning Commission Resolution PCS-90-07E; and. ;'!' ;;.--- WHEREAS. on July 14., 1993, by resolution PCS-90-07E. the Planning -- Commission approved a one year~entativemap extension for the subdivision known as Sunbow II Chula Vista Tract 90-07. which was due ~o expire on May 22. 1993. WHEREAS. an appeal of the Planning Commission decision to approve a one year tentative map extension for the subdivision known as Sunbow II Chula Vista Tract 90-97 was filed with the Planning Department of the City of Chula Vista on July 15,1993 by, Rancho Del Sur Partnership; and, WHEREAS, the Environmental Review Coordinator has reviewed the previously certified ,fIR-88-01 and found it adequate for the proposed time extension; and. WHEREAS, the City Clerk set the time and place for a hearing on said appeal and notice of said hearing., together with its purpose, was given by its publication in a newspaper of general circulation in the city and its mailing to property owners within 1000 feet of the exterior boundaries øf the property at least ten days prior to thehearing¡ and, WHEREAS. the hearing was held at the time and place as advertised, namely 7:00 p.m. July 20, 1993 in the Council Chambers, 276 Fourth Avenue, before the Ci ty Counei 1 was thereafter closed. NOW, THEREFORE, BE IT RESOLVED THAT THE CITY COUNCIL .finds as follows: Pursuant to section 66473.5 of the Subdivision Map Act, the tentative .. subdivision map for Sunbow II,Chula Vista Tract 90-07, as conditioned ./"' herein, -remains in substantial conformance with the various elements of the City's General Plan as amended in 1989. .- J] ~;Z;J .- A T T A C H M E N°T 2 --, - u., . - " - -. - Resolution No. 17177 .. Page 3 PASSED. APPROVED and ADOPTED by the City Council of the City of Chula Vista, California, this 20th day of July, 1993, by the following vote: YES: Councilmembers: Fox, Moore, Rindone, Nader NOES: Counei 1 members: None ABSENT: Councilmembers: Horton -- ABSTAIN: Councilmembers: None ~~ 4/-L. Tim Nader, Mayor A TIEST: ~LD£; t ~ ¡~. , ," , t~ ~ Beverly A. Authelet. City Clerk STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO ) SSe CITY OF CHULA VISTA ) I. Beverly A. Authelet. City Clerk of the City of Chula Vista. California. do hereby certify that the foregoing Resolution No. 17177 was duly passed. approved, and adopted by the City Council held on the 20th day of July, 1993. Executed this 20th day of July, 1993. ~fl~ Beverly A Authelet, City Clerk ~ :;:/ - /) ?-j ... , .. SUNBO.w "\ pl-LOMAR STREET BOUNDARY £.þ..S PHASE IC ~\ ~~ VICINITY MAP NO SCALE .. j t Ei tI ~ 0 t, I( , ¡; +, II tI- /, 0, _RICK~Cc:MB\Ny -' ATTACHMEN'T'3 ~.¡ ... =-=- / ?;'" ;2.5 ~~ ~ --- --- ~ I " LOT 247 CMULTI-FAMILY) LOT 248 ~ LOT D (FUTURE PARK) -=-~--- OPEN SPACE tOT C 1"=400' -= ~~ ~- ~ ~ c ,..- =- 0 =- '0 =- =- 0 =- - =-=-=- £. =- '" i !! RICK ~ Ca.m\NY . i ~ . =-- --- J J --2/ SUNBOW PHASE iC 1.. 0:: ATTACHMENT 4 ~- '.' -, "~,, '. ':;tf--"" ~,:~~".,-,~, -, . ~ - . - - ~~ - : ~;l HE CITY Or: o-rtJLA V1S7A DISO-OSuRE s?~~-..: u ( ;' .:' ¡ . ,,' i. -:-""'~-:::~"'1!1",~,. ""~ You an: :=:;jT~ 10 fil:':: S~l=mcnr of Di.c;clc:zsurc nf œnain owncrshit> CT- fiB:lrit:iõl)'lrili~::ilS ~y:m.~:¡:;~&:;-. ~. ;';',' .'.. " ,. " . . n!S.,:or~~ oDlrir.ù1Ì~ on aU ma1i~::s ';"ñi:=h will ~9ui"'t: discretionary acicn on Ihe: par: of th:: City C:Jl.:nt:i1.. PbIJnin.t;;'" m~%i~~~ . '.-, .",.l.:), aD oth& offi61I bodies.. 'Th: fc.])owiDr;:.mforinatión must be disclosed.: I -"~,;!. ~~:~';:.~.~~" ' "'. i ". '~,.~'~ L : L:st Ìlie ::2mes t(..all ;c!sons ~ving:~ fin4fficial inu:r:stin the P~pci,y~hjc:h: is ¡:hc ~Uhjc::1 cf the '~:Jpli~~~ ,; c::nki, e.g., own:::r :ÈppI)cm~;::)nt~t:tor, Souo::.?nUõI::lOr, male..-jà1.suPP'lie~.: ,; ': ~:.. ,':1: I:':f;,:',",';'~ .~, '!:.; . ; ¡ : '!:, "~- ¡ - t:l:~J;:: . ~ . "C-Sb"Ir:", J . I,.. I. _,f_:,., " ",'1 un D~¡- --1-: " ~ , 'Mm;=)o r-,..,-.-"..,..-:."'!-,;"..,;-, ';:' ¡' r'~-~!;þ1":; ° . ¡(' ~ =: ; :!: ; ,¡ -T ~.¡'--i;'">?:~'~f .:. A\~~sl Land 'Cornænv : ":' ; ~!: : '~'¡,j ~: "("'~:~:;" - ; ¡; . ~, ¡ : 0' : .;: !! J r:¡' V C;=)!J; -:-a~ ?å:i:;';'n"'Is;: Ii: ~ ¡ I J; , ,- --.. .- ~ '". ,.' , j ,,;. :';~LL. ':'", L<~:,:~/-s:~" .', ,', ~ ¡ ': 1 'i.~~ ..'"".,L¡";7;{)~.,-: .' .2 ~ If ~y :p=..-son.: jci::mUí~ pU~U~~1t '10. :(U3bc?Y7]s 11 ~rp¡jration -or pannqsmp~ [is t~,tb:t :nam::s or ,ajU lB~Md~ DWniIii": , ." ;,' " - . '" "',' .' ,', , . . I" '. '0 ,..t" , . 0"" ". .¡~r~ ~n 10% ~r~~:~~~~ lh:-rI1J~~ìo.n'D~~n1::~)':p~rm~h!ij~t~~ttn Ihe:~n~!~",,¡ I ~'.">~,' , . A\lŽes Land .ComËi:tv .~ K~tn.J- Ho~:1e ',LDma:CdrnDI~L..iDn -;- :WilJ:ianÍrL Ham .. .:. ...' ¡~~"'~ l' - "':.!;'. ,F ¡,¡ . ; GL Y C2p.2 I ::>01 ?EiJ..-:r:::1eJ:S..: ,: , i :. I ¡'I ;: : . . I::' " ,I :: I I ¡- Ama¡1da!'Gì'f¡!SS T.rus1! i: I; :: ¡ ;:>6,,::>: ~,...;¿. -r..,..., tc:-f; : i ' 'I ,/; : ; : . 1; - ~ ~ ¡ i ' ¡ : : 3. . ¡ li 2::). .?:="~OIJ. .j~=nt~$=!r purs~nl l~ :(1), above is.:¡on-profit .árþIÙI.4t!cri ,o~ a ~ruSt, list tll::: ~a~~ w: api p:::son ¡s:'-""in,b~s.ã-in::=lèr o~~~~ncn-~rcfit organization or as tTUSH:::: cr:b-..D~ :or l:r.mor of the d-us~J -- ¡ ¡ :-.,'...-"1U:,¿ ¡.. .: I:.; ~ii:;! '\II"..L .; l:!..;V ~D:!:tà.. Pæ::æers ¡ : I :. i : I,: ; ~ ,. , . :;' ;;' AmanÇ1al 'G:!'~s ,TZ:u~t ¡ , , -'.Jo~h¿~; G.:.~s~ Trust. : . J~ ~! . .. 0 "I' .. ¡., 'f"- . , 'I'," 'I '.0 I I 'j ... !lrn=r.= "--':IC:~' """,ø,..., ;=)'T"Y~::~~I:::::: !::-::î:: : ::ü;-¡:-:"'.::.:-:.:.:-'"' j . ~:: '~.! - I,' I ~:!;;';~j ; -: ; ; . I I '" , .! " ';:' : i~",~ ~ .;. :1; -:! ¡U.ii= 4- "j P.2~.Yo.u had mere iliaÍl 5250 Worth iOf busin=s5 lrar.sa=-.=:i with any m~mbc:r bflhc City s¡aII; Beams, C=¡¡m¡iss1Cns.., :j c:;¡~~iÏlC=s. ånd C:Jkhci¡ ~inin tñe bast twelve months? Yes ! No-iJ:I.ty::s;; pí~c wdiC3.ie ~I:sDn(~):1 ~¡"" ;:' ,.:~ ;:" -r' :: ';c !';: ':!. !~~ô,:;, 5. :; P}~iè:ntify :::i'ë:t i1ci ~~ ~=r;sori. including any ag~~I5. =nP}~:::s. orlsul1inh. br inåe.?~ndenlbIli...6~rS who ~ ~~;.L:, -; you nave zssigD::ii 10 ~epf~cnI:VOU 1:i:rOI1: the City in tb15 mait=r~ .. I" 1 . ; :',< ';1: ';' ~ - , , ~. ..': ',": :::~' R:1¡ L.:' 'f~:,;¡ "~ : ,:~;jrl~~i;'~f~?i;)~~t~~;,i~ j"S'~!1~( ,-"",' , 'i;: ,:: 1:~ ; ¡ . -~;:.i.;,:',;:'¡' ""):¡~::i,!,.,,.- -"¡L' " .~ RocrBradley. ::; ,'.. i .SamuBl,~,,'.Hal:..v':,' ,":;;"',-o'!'"_'h<'Y", {4~~><~F¡"::, ,; .- -- '. !:-;,' ;;\,-! -~ " ,,' ~'.',:;ir;;.~,~'~,'(~-:'~:>:T",m?:.'¡ I"k:;r~~j:~ ""~~H2ÿe:vou andJor:yourioffiœrS òr_ågch~ in tbe: aggr:pte:, contnòi.ttc'Lmcirt.l~Ì1:S1P;X¡\O ~;û:iÙDëi1ÍIi=nbcr iÏ{.'the,';':; '..""---;" 21" -c"7," ".'.'" . ". '. "",', ~'::""'" . 1 "-¡":"",;,'; '~': ~,J.~. :, "~:,. ~~;<~: .~ ..~,Lt, ;_r'.)H:' ""~: , .--', ',.~';~s~~~:J~~~f~:¡::~~~/aþP}~Di ¡,~.,;. ,',~~5' , "", /:t;3l 'I I "",' ,: ' , , . " ,-' '~.' :¡ ;: ,; ~ " ;:" I", Køi.hb¡HO"'Tl~¡ ;~";':"'1 '... . , ' '. - to! - - , - . - '.. ' " ':;'" "r,. ' -."..",?;i:itçf~~n~COfQ%itiai:1~rlappfic::åD[ .; -".j' >"',"':'.>,',,-:1: :~,,:~- ¡.j;, , . 0 .~~ P.D.B, LEGEND 'iI~~. ".~ ~ INDICATES srRE£:T DED/ClffION HEREON. ~~.~ PARCEL'8' fill NE COR. PCL 1 PeL "If 0A06 ACRES. PeL "8' ODOI JeRES '~r. <"J.b ',~ PM IJO51 NiD PCL -C- OJXJI N:RES ~ '~ V- \'" a~ ~- "'- , Nrr5r3J"W ~ (RJ INDiCATES RIDIAL BENlJNG ~.~ ' Cb~"~ . /ZJZ' (J INDICATES R£CORD DHA $ INDICMED {NrrsroJ"W . .... ~~, PM IJO5TJ ~ P.D.s. INDICIJ'ES POINT OF BEGINNING T.P.D.s. INDICATES TR/JE POINT OF BEGINNING ... BASIS OF BEARINGS BASIS OF BE/tRJNGS FOR THIS PUT IS - THE SOUTHERlY UNE OF P/IRCEL MAP No. l3O5lo J£. NTZO9'rrE REFERENCE DRAWINGS ... PJRCEL IUP ßD5T. 7rß4 Ir B985 - ASSESSOR'S PARCEL NUMBERS " APN 64HJKHB. 19 " 2J +. ~ C PARCEL "C" '+. ~ J". 3'. ~ -o7Cfß.~t/- P.D.s. PARCEL.C- .. #j;~ ~ ~tffi:~ A -13"2rO4' R'92.5O' <iJ:.~'r(:: ~~~. ~~ N3ôOr3Z'EtRJ ~ L-2I55' ~ <5: c ~ () f:- 250' ~\} ~()'r~~tþ <1Î 'v ~ A-/4'43'/6" R-92..5O' r.:.¥'.<vq:~ Øfó"W C- $.~~~1-ro L-2J71' '" ~ ~ ~~~ ~ t4~ , f.. fó N2fJ54'CIrW 502.0' ~ ~~~(j J:c,. ",'! & ç¡. l\ ~\:'ð'4)~ '~~ ~rf,j~f- ~ ~~, <v ~"tJ~., i 'c ~ 6 &' 1; \"{:ì. q: ,. ~Ÿ) ~ a C<š- P¡ c8>/ ,") ~vr..;~ Ilì ~.>- ~~ ~ ~~/ ~rp'ft ~ ~&,j.r¡¡} / ~ ~ ~, ~ CJ) "q:.¡;<: DETAlL~. Of PM 8985"... , "'~f..<J,(),¡qj NO SCALE P AR[)EL J ~~ PARCEL .C" ----\ ~ --- SEE DEI AIL - "If ABlNE 1 P.D.8, PARCEL 'A' N25'54'07"W 5020' SE COR. PCL 3 .... APN 641-010-19 ~ PU 7034 ~ A-/0õ0Z'03' ap' - - PARCEL "B" ¡SEE DEf AIL .. ' / of!' ABlNE .APN 641-tJ10-21 T.P.D.B. /3' ACCESS EASEUENT 2!5 ......... . . OFFERED PER piJ NO. 8985 14 ~......... PARCEL A 247 PM J 3(',57 /3; ACCESS EASEUENT ......... r. :/ ~......... ... 0 OFFERED PER PU NO.1305l (j9'¡r£1034) "'~-2 ......... tiT£: p~ ~~ <::'......... PARCEL i Zlroí£ ,,~ ~.>-. " (NT ,,~ ~" ~...... " 248 " °o~, õ " :1>~ " PROPOSED CHULA ViSTA' TRACT 90-07 I SUN BOW PHASE iC - J-ß2/(}-A - RICK ""ENGINEERING CaMP ANY 5620 FRIARS ROAD. SAN DIEGO. CA. 92110 ph, (619) 291-0707 ..; J ] ~/tY ROBERT G. SCHOETTwER, L.S. 4324 ATTACHMENT 6 DATE STREET DEDICA TION - MEDICAL CENTER COURT ;;¡ IN A PORTION OF PARCEL 1 OF PARCEL MAP NO. 13057, A PORTION OF PARCEL 3 OF PARCEL MAP NO. 7034, AND A PORTION OF PARCEL 1 OF PARCEL MAP NQ 8985 RESOLUTION NO, RESOLUTION OF THE CITy COUNCIL OF THE CITY OF CHULA VISTA APPROVING A FINAL MAP OF CHULA VISTA TRACT NO, 90-07, SUNBOW II, PHASE lC, UNITS 5, 6, 13, 14 AND 15, ACCEPTING ON BEHALF OF THE CITY PUBLIC STREETS AND EASEMENTS GRANTED ON SAID MAP WITHIN SAID SUBDIVISION, ACCEPTING ON BEHALF OF THE CITY ALL OPEN SPACE LOTS GRANTED ON SAID MAP WITHIN SAID SUBDIVISION. AND ACKNOWLEDGING THE IRREVOCABLE OFFER OF DEDICATION OF FEE INTEREST FOR PUBLIC ROADWAY PURPOSES AND ACKNOWLEDGING THE IRREVOCABLE OFFER OF DEDICATION OF. FEE INTEREST FOR PUBLIC PARK AND OTHER PUBLIC PURPOSES AND APPROVING THE SUBDIVISION IMPROVEMENT AGREEMENT FOR THE COMPLETION OF IMPROVEMENTS REQUIRED BY SAID SUBDIVISION, AND AUTHORIZING THE MA YOR TO EXECUTE SAID AGREEMENT NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista hereby fmds that certain map survey entitled Chula Vista Tract 90-70 SUNBOW II, Phase lC, UNITS 5, 6, 13, 14 AND 15, and more particularly described as follows: Being a subdivision of portions of remainder lot and Lot "Y" of Chula Vista Tract No. 90-07, Sunbow II, Units 1 and 2 according to Map No, 13423, in the City of Chula Vista, County of San Diego, State of California, filed in the office of the County Recorder of San Diego County on May 28, 1997. Area: 128,036 acres No, of Lots: 252 Numbered Lots: 248 Lettered Lots: 4 is made in the manner and form prescribed by law and conforms to the surrounding sur veys; and that said map and subdivision of land shown thereon is hereby approved and accepted, BE IT FURTHER RESOLVED, said Council hereby accepts on behalf of the City of Chula Vista, Open Space Lots "A", "B", "C", and for open space and other public purposes, Lot "D" for Public Park Purposes, portions of East Palomar Street and Medical Center Court, together with Canyonview Road, Cumulus View, Flare View Place, Galaxy Place, Mercury Place, Milky Way Street, Prism Drive, Ray Place, Skyline Road, Skyridge Drive, Vulcan Street, and Star Place, the 5-112 foot easements with the right of ingress and egress for the construction and maintenance of tree planting along dedicated streets, the ten foot general utility and access easements with Lots "A", "B", "C", for installation of public utilities, the landscape buffer easements with the rights of ingress and egress for the construction and maintenance of landscaping along Medical Center Court and portions of East Palomar Street and High Cloud Drive, The drainage easements and the sewer and drainage easements adjacent to Lot 23 with the rights of ingress and egress for the construction and maintenance of sewer and drainage facilities, noting that use of said general utility, sewer drainage, landscape buffer and tree planting 1 13/1-/ Recording Requested by: CITY CLERK When Recorded, Mail to: CITY OF CHULA VISTA 276 Fourth Avenue Chula Vista, Ca. 91910 No transfer tax is due as this is a conveyance to a public agency of less than a fee interest for which no cash consideration has been paid or received. Declarant SUBDIVISION IMPROVEMENT AGREEMENT THIS AGREEMENT, made and entered into this day of , 199 -, by and between THE CITY OF CHULA VISTA, a municipal corporation, hereinafter called "City", and ACI SUNBOW, LLC, 750 liB" Street, Suite 2370, San Diego, California 92101 hereinafter called " Subdivider II with reference to the facts set forth below, which Recitals constitute a part of this Agreement; RECITALS: WHEREAS, Subdivider is about to present to the City Council of the City of Chula Vista for approval and recordation, a final subdivision map of a proposed subdivision, to be known as Sunbow II, Phase 1C, Units 5, 6, 13, 14, and 15 pursuant to the provisions of the Subdivision Map Act of the State of California, and in compliance with the provisions of Title 18 of the Chula Vista Municipal Code relating to the filing, approval and recordation of subdivision map; and WHEREAS, the Code provides that before said map is finally approved by the Council of the City of Chula Vista, Subdivider must have either installed and completed all of the public improvements and/or land development work required by the Code to be installed in subdivisions before final maps of subdivisions are approved by the Council for purpose of recording in the Office of the County Recorder of San Diego County, or, as an alternative thereto, Subdivider shall enter into an agreement with City, secured by an approved improvement security to insure the performance of said work pursuant to the requirements of Title 18 of the Chula Vista Municipal Code, agreeing to install and complete, free of liens at Subdivider's own expense, all of the 1 /3/J -J signs if permanent street name signs have not been installed prior to the issuance of the first occupancy permit. 3. It is expressly understood and agreed that Subdivider will cause all necessary materials to be furnished and all Improvement Work required under the provisions of this contract to be done on or before the second anniversary date of Council approval of the Subdivision Improvement Agreement. 4. It is understood and agreed that Subdivider will perform said Improvement Work as set forth herein above, or that portion of said Improvement Work serving any buildings or structures ready for occupancy in said subdivision, prior to the issuance of any certificate of clearance for utility connections for said buildings or structures in said subdivision, and such certificate shall not be issued until the City Engineer has certified in writing the completion of said public improvements or the portion thereof serving said building or structures approved by the City; provided, however, that the improvement security shall not be required to cover the provisions of this paragraph. 5. It is expressly understood and agreed to by Subdivider that, in the performance of said Improvement Work, Subdivider will conform to and abide by all of the provisions of the ordinances of the City of Chula Vista, and the laws of the State of California applicable to said work. 6. Subdivider further agrees to furnish and deliver to the City of Chula Vista, simultaneously with the execution of this agreement, an approved improvement security from a sufficient surety, whose sufficiency has been approved by the City in the sum as set forth on Exhibit "A" hereto which security shall guarantee the material and labor plus faithful performance of this contract as to East Palomar Street, by Subdivider and is attached hereto, marked Exhibit "B" and made a part hereof. 7. Subdivider further agrees to furnish and deliver to the City of Chula Vista simultaneously with the execution of this agreement, an approved improvement security from a sufficient surety, whose sufficiency has been approved by the City in the sum as set forth on Exhibit "A" hereto to secure the payment of material and labor plus faithful performance in connection with the installation of said public improvements for Unit 5, which security is attached hereto, marked Exhibit "C" and made a part hereof. 8. Subdivider further agrees to furnish and deliver to the City of Chula Vista simultaneously with the execution of this agreement, an approved improvement security from a sufficient surety, whose sufficiency has been approved by the City in the sum as set forth on Exhibit "A" hereto to secure the payment of material and labor plus faithful performance in connection with the installation of said public improvements for Unit 6, which security 3 J3/1~ all Improvement Work is fully completed and accepted by City, Subdivider will be respons~ble for the care, maintenance of, and any damage to, the streets,' alleys, easements, water and sewer lines within the proposed subdivision. It is further understood and agreed that Subdivider shall guarantee all public improvements for a period of one year from date of final acceptance and correct any and all defects or deficiencies arising during said period as a result of the acts or omission of Subdivider, its agents or employees in the performance of this agreement, and that upon acceptance of the work by City, Subdivider shall grant to City, by appropriate conveyance, the public improvements constructed pursuant to this agreement; provided, however, that said acceptance shall not constitute a waiver of defects by City as set forth herein above. 14. It is understood and agreed that City, as indemnitee, or any officer or employee thereof, shall not be liable for any injury to person or property occasioned by reason of the acts or omissions of Subdivider, its agents or employees, or indemnitee, related to this agreement. Subdivider further agrees to protect and hold the City, its officers and employees, harmless from any and all claims, demands, causes of action, liability or loss of any sort, because of or arising out of acts or omissions of Subdivider, its agents or employees, or indemni tee, related to this agreement; provided, however, that the approved improvement security shall not be required to cover the provisions of this paragraph. Such indemnification and agreement to hold harmless shall extend to damages to adjacent or downstream properties or the taking of property from owners of such adjacent or downstream properties as a result of the construction of said subdivision and the public improvements as provided herein. It shall also extend to damages resulting from diversion of waters, change in the volume of flow, modification of the velocity of the water, erosion or siltation, or the modification of the point of discharge as the result of the construction and maintenance of drainage systems. The approval of plans providing for any or all of these conditions shall not constitute the assumption by City of any responsibility for such damage or taking, nor shall City, by said approval, be an insurer or surety for the construction of the subdivision pursuant to said approved improvement plans. The provisions of this paragraph shall become effective upon the execution of this agreement and shall remain in full force and effect for ten (10) years following the acceptance by the City of the improvements. 15. Subdivider agrees to defend, indemnify, and hold harmless the City or its agents, officers, and employees from any claim, action, or proceeding against the City or its agents, officers, or employees to attack, set aside, void, or annul, an approval of the City, advisory agency, appeal board, or legislative body concerning a subdivision, which action is brought within the time period provided for in Section 66499.37 of the Government Code of the State of California. 5 l;1d - ;/ SIGNATURE PAGE TO SUBDIVISION IMPROVEMENT AGREEMENT SUNBOW I I, PHASE lC, UNITS 5,6,13,14 AND 15 IN WITNESS WHEREOF, the parties hereto have caused this agreement to be executed the day and year first herein above set forth. CITY OF CHULA VISTA ACI SUNBOW, LLC, a California Limited Liability Company a California Shirley Horton, Mayor By: Attest: Keith J. Horne, President Susan Bigelow, City Clerk Approved as to form: John M. Kaheny, City Attorney H:\HOME\ENGINEER\LANDDEV\SUNBOW1C\SIASB1C.DEK 7 J;lr?~1 RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING SUPPLEMENTAL SUBDIVISION IMPROVEMENT AGREEMENT FOR TRACT 90-07, SUNBOW II, UNITS 5, 6, 13, 14 AND 15 REQUIRING DEVELOPER TO COMPLY WITH CERTAIN UNFULFILLED CONDITIONS OF RESOLUTIONS 15640 AND 17177, AND AUTHORIZING THE MAYOR TO EXECUTE SAME WHEREAS, the developer for Tract 90-07, Sunbow I I, has executed a Supplemental Subdivision Improvement Agreement (SSIA) to satisfy remaining conditions of City Council Resolution No. 15640 and the Planning Commission resolution approving a one-year time extension, as affirmed by City Council Resolution No. 17177; and WHEREAS, staff has reviewed said Agreement and determined that it satisfies all the applicable tentative map conditions for final map approval and recommends Council approval. NOW, THEREFORE, BE IT RESOLVED the City Council of the City of Chula Vista does hereby approve the Supplemental Subdivision Improvement Agreement for Tract 90-07, Sunbow II, a copy of which is on file with the office of the City Clerk. BE IT FURTHER RESOLVED that the Mayor of the City of Chula Vista is hereby authorized and directed to execute said Agreement for and on behalf of the City of Chula Vista. Presented by Approved as to form by ~'~ John P. Lippitt, Director of John. Kaheny, C y Public Works Attorney H:\home\attorney\reso\sunbows.sia /3E ~/ The Property is referred to as Sunbow II, Phase lC, Units 5, 6, 13, 14 and 15, Chula Vista Tract 90-07. For purposes of this Agreement, the term "Project" shall mean "Property". B. Developer is the owner of the Property. C. Developer has applied for and the City has approved a Tentative Subdivision Map commonly referred to as Chula Vista Tract 90-07, SUNBOW ("Tentative Subdivision Map") for the subdivision of the Property. D. The City has adopted Resolutions No. 15640 and 17177 ("Resolution") pursuant to which it has approved the Tentative Subdivision Map subject to certain conditions as more particularly described in the Resolutions, copies of which are attached hereto as Exhibits "B" and "C" and incorporated herein. E. City is willing, on the premises, security, terms and conditions herein contained to approve the final map for which Developer has applied as being in substantial conformance with the Tentative Subdivision Map described in this Agreement. NOW, THEREFORE, in exchange for the mutual covenants, terms and conditions herein contained, the parties agree as set forth below. 1. Agreement Applicable to Subsequent Owners. 1.1 Agreement Binding Upon Successors. This Agreement shall be binding upon and inure to the benefit of the successors, assigns and interests of the parties as to any or all of the Property until released by the mutual consent of the parties. 1.2 Agreement Runs with the Land. The burden of the covenants contained in this Agreement ("Burden") is for the benefit of the Property and the City, its successors and assigns and any successor in interest thereto. City is deemed the beneficiary of such covenants for and in its own right and for the purposes of protecting the interest of the community and other parties public or private, in whose favor and for whose benefit of such covenants running with the land have been provided without regard to whether City has been, remained or are owners of any particular land or interest therein. If such covenants are breached, the City shall 2 /3ß--Y b, Deposit with the City the estimated cost of acquiring said right of way or easements. Said estimate to be approved by the City Engineer. c. Have all easement and/or right of way documents and plats prepared and appraisals complete with are necessary to commence condemnation proceedings. d. If the developer so requests, the City may use its powers to acquire right of way, easements or licenses needed for offsite improvements or work related to the tentative map. The developers shall pay all costs, both direct and indirect incurred in said acquisition. The requirements of a, band c above shall be accomplished prior to approval of the Final Map. All offsite requirements which fall under the purview of Section 66462.5 of the State Subdivision Map Act will be waived if the City does not comply with the 120 day time limitation specified in that section of the Act. 3. Conditions No.7. (Regulatory Compliance). In satisfaction of Condition No. 7 of Resolution No. 15640, the Developer shall comply with all relevant Federal, State and Local regulationsr including the Clean Water Act. The Developer shall be responsible for providing all required testing and documentation to demonstrate said compliance as required by the City Engineer, 4. Conditions No. 9 and No. 34. (Public Improvements). In partial satisfaction of Conditions No. 9 and 34 of Resolution No. 15640, the Developer: a. Agrees that the City may withhold building permits for any units in the Property if anyone of the following occur: 1. Regional development thresholds limits set by the East Chula Vista Transportation Phasing Plan have been reached. 2. Traffic volumesr levels of servicer public utilities and/or services exceeding the adopted City threshold standards. 4 ..----- /] j] ~'=5 companies franchised by the City of Chula Vista may place conduit within the City easements and provide cable television service for lots within the Final Map area, as described on Exhibit A. Developer agrees to comply with all rules, regulations, ordinances and procedures regulating and affecting the operation of cable television within Chula Vista. Developer further acknowledges and agrees that Developer will not impair or interfere in any way with City's use of City's easements as described herein. 6. Condition No. 17. (Hold Harmless) In satisfaction of Condition No. 17 of Resolution No. 15640, the Developer shall defend, indemnify, and hold harmless the City, and its agents, officers and employees, from any claim, action, or proceeding against the City, or its agents, officers or employees, related to erosion, siltation or increased flow of drainage resulting from the Property. City agrees to reasonably cooperate with Developer in the defense of any such action, claim or proceeding. 7. Condition No. 20. (Off-site Right of Way) In satisfaction of Condition No. 20 of Resolution No. 15640, the Developer shall be responsible for obtaining adequate off-site right-of-way and for construction of off-site improvements, from the southerly end of Medical Center Court to the subdivision boundary as determined by the City Engineer. 8. Condition Nos. 28, 45, 68, 81 - Open Space. In partial satisfaction of Condition Nos. 28, 45, 68, 81 of Resolution 15640, Developer agrees to the following: a. The parties acknowledge that, in November of 1996, and subsequent to the adoption of the Resolution, the California electorate approved Proposition 218, adding Articles XIlIC and XIIID to the California Constitution. The City established Open Space District 35 (CFD 98-3) on September 8, 1998 by ordinance 2745. Developer agrees to amend, at its own cost and expense, to the satisfaction of the City Engineer and Director of Planning and Building, Open Space District 35, (CFD 98-3) to include, but not be limited to, the following additional responsibilities: i. The cost of maintaining said Palm Canyon Detention Basin (Condition 48) in perpetuity; and ii. The cost of maintaining the perimeter "view walls" 6 /3ffr ? height restriction shall be included within the Project's CC&R's. 12. Condition No. 66. (Overlook Area). In satisfaction of Condition No. 66 of Resolution No. 15640, Developer agrees as follows: a. That prior to City's issuance of grading permit Number SBO13G, Developer shall submit design plans for the construction of the two overlook areas, located at the intersections of; 8 Skyline Road and Milky Way Street 8 Skyline Road and Pas eo Ladera for City's approval to the Director of Planning and Building, and b. That Developer shall complete construction of the two approved overlook areas on or before an occupancy permit for the 100th single family dwelling unit within Phase 1C of the Property is issued. 13. Condition No. 72. (Reclaimed Water). In satisfaction of Condition No. 72 of Resolution No. 15640, the Developer agrees to accept and to use reclaimed water, when it is available, from the appropriate district to use such water for park and parkway landscaping and the proposed park pond. 14. Condi tion No. 79. (Open Space). In satisfaction of Condition No. 79 of Resolution No. 15640, the Developer agrees that turnover of maintenance of open space areas to the City will be withheld until all encroachments and dumping issues {construction and otherwise}, which may occur during construction and landscape maintenance by the Developer are rectified by the Developer, to the satisfaction of the Director of Public Works. 15. Condition No. 81. (Assessment Disclosure Statement). In satisfaction of Condition No, 81 of Resolution No. 15640, the developer shall ensure that prospective purchasers sign an assessment disclosure statement fully explaining the fact they are in a special open space district, and what the projected assessments are anticipated to be, both in the near future and at ultimate subdivision build out. 16. Condition No. 89. (Withhold Permits). In satisfaction of Condition No. 89 of Resolution No. 15640, the Developer agrees 8 1;J[f ~I 20. Condition No. 94. (PFFP). In satisfaction of Condition No. 94 of Resolution No. 17177, the Developer agrees to comply with all requirements of the Public Facilities Financing Plan for the Project, as may be amended to conform with the City's adopted Growth Management Program, pursuant to Section 19.09.120 of the Municipal Code. 21. Hydrology Design Work. In satisfaction of the Conditions of Resolution No. 15640, the Developer agrees to design, construct and maintain a detention basin in Palm Canyon. Developer further agrees that such Detention Basin will be constructed and operational prior to issuance of the first occupancy permit in Sunbow I I, Phase 1C. Developer further agrees that the maintenance will be added to Open Space District 35 (CFD 98-3). Developer shall provide the City, contemporaneously with the execution of this agreement, an improvement security in the amount of $104,000.00, (110 % of the estimated improvements) and in a form approved by the City Attorney. The Detention Basin is to be located in the northeast quarter of the intersection of Oleander Avenue and East Palomar Street in Palm Canyon, per City of Chula Vista Drawings 99- 1231A through 99-1234). It is expressly understood and agreed by Developer that in the performance of construction of said Palm Canyon detention basin described in this section, Developer shall conform to and abide by all provisions of the ordinances of the City of Chula Vista and the laws of the State of California with respect to such construction applicable to construction of Public Works Projects. 22. Building Permits. Developer understands and agrees that the City may withhold the issuance of building permits for the Project, should the Developer be determined by the City to be in breach of any of the terms of this Agreement. The City shall provide the Developer of notice of such determination and allow the Developer reasonable time to cure said breach. 23. Assignability. Upon request of the Developer, any or all on-site duties and obligations set forth herein may be assigned to Developer's Successor in interest if the City Manager in his/her sole discretion determines that such an assignment will not adversely affect the City's interest. The City Manager in his/her sole discretion may, if such assignment is requested, permit a substitution of securities by the successor in interest in place 10 /3/J-// elapsed following deposit in the U.S. mail, certified or registered mail, return receipt requested, first-class postage prepaid, addressed to the address indicated in this Agreement. A party may change such address for the purpose of this paragraph by giving written notice of such change to the other party. CITY OF CHULA VISTA 276 Fourth Avenue Chula Vista, CA 91910 Att.: Director of Public Works Developer: ACI Sunbow, LLC 750 B Street, Suite 2370 San Diego, CA 92101 A party may change such address for the purpose of this paragraph by giving written notice of such change to the other party in the manner provided in this paragraph. b. Captions. Captions in this Agreement are inserted for convenience of reference and do not define, describe or limit the scope or intent of this Agreement or any of its terms. c, Entire Agreement. This Agreement contains the entire agreement between the parties regarding the subject matter hereof. Any prior oral or written representations, agreements, understandings, and/or statements shall be of no force and effect. This Agreement is not intended to supersede or amend any other agreement between the parties unless expressly noted. d, Preparation of Agreement. No inference, assumption or presumption shall be drawn from the fact that a party or his attorney prepared and/or drafted this Agreement. It shall be conclusively presumed that both parties participated equally in the preparation and/or drafting this Agreement. e. Recitals1 Exhibits. Any recitals set forth above and exhibits referenced herein are incorporated by reference into 12 /3ß-//] SIGNATURE PAGE SUPPLEMENTAL SUBDIVISION IMPROVEMENT AGREEMENT SUNBOW I I, PHASE 1C IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first herein above set forth. CITY OF CHULA VISTA DEVELOPER: ACI Sunbow, LLC, a California Limited Liability Company Shirley Horton, Mayor By: Ayres Land Company, Inc., Manager Attest: j/{rt: Keith J. Horne, President Susan Bigelow, City Clerk Approved as to form: John M. Kaheny, City Attorney H:\HOME\ATTORNEY\SSIA\SUPPSBIC,2 14 /Jßr-/þ EXHIBIT A CHULA VISTA TRACT NO. 90-07, SUNBOW PHASE lC, UNITS 5,6,13,14,15, BEING A SUBDIVISION OF PORTIONS OF REMAINDER LOT AND LOT "Y" OF CHULA VISTA TRACT NO. 90-07, SUNBOW II, UNITS 1 AND 2 ACCORDING TO MAP NO. 13423, IN THE CITY OF CHULA VISTA, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, MAY 28,1997 JJg~J; RESOLUTION NO, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING A TRANSPORTATION DEVELOPMENT IMPACT FEE AGREEMENT BETWEEN ACI SUNBOW, LLC AND THE CITY OF CHULA VISTA WHEREAS, Council is updating and increasing the City's Transportation Development Impact Fee Program (TD IF) on November 16, 1999 ("TDIF Amendment"); and WHEREAS, part of that ordinance speaks to the process for reimbursement or credit against fees once a developer has constructed or financed the construction of certain roadway improvements included in the program; and WHEREAS, the attached agreement is the authorization to convert a certain amount of credits for such roadway construction from cash credits to equivalent dwelling unit ( EDU) credits; and WHEREAS, the attached agreement shall not take effect unless and until 60 days after the adoption of the TDIF Amendment; and WHEREAS, Sunbow will be authorized for a credit of 886 EDU's which is equal to $3.54 million of cash value, at a rate determined by the difference between the TDIF rate in effect prior to the TDIF Amendment and the new TDIF rate established by the TDIF Amendment; and WHEREAS, Sunbow either has or will be constructing TDIF eligible roadways including Telegraph Canyon Road widening, Medical Center Drive, East Palomar Street, and helping to pay for a portion of Olympic Parkway. NOW, THEREFORE, BE IT RESOLVED the City Council of the City of Chula vista does hereby approve a Transportation Development Impact Fee Agreement between ACI Sunbow, LLC and the City of Chula Vista, a copy of which shall be kept on file in the office of the city Clerk. BE IT FURTHER RESOLVED that the Mayor of the City of Chula vista is hereby authorized and directed to execute said agreement for and on behalf of the City of Chula Vista. Presented by Approved as to form by (^"- ~~~ John P. Lippitt, Director of John M. Kaheny, City A orney Public Works H:\home\attorney\reso\tdiffee.sun J3C-/ RECORDING REQUESTED BY: ) ) City Clerk ) ) WHEN RECORDED MAIL TO: ) ) CITY OF CHULA VISTA ) 276 Fourth Avenue ) Chula Vista, CA 91910 ) ) Above Space for Recorder's Use TRANSPORTATION DEVELOPMENT IMPACT FEE AGREEMENT This Transportation Development Fee Agreement (" Agreement") is effective as of the date provided herein, by and between ACI Sunbow, LLC, a California limited liability company, ("Owner"), and THE CITY OF CHULA VISTA (" ci ty" ), a municipal corporation. City and Owner whenever referenced herein collectively shall be referred to as "Parties" and whenever referenced hereinafter individually may be referred to as "Party." A. This Agreement concerns and affects real property located in Chula vista, California, more particularly described on Exhibit "A" attached hereto and incorporated herein ("Property"). Property is also commonly known as The Sunbow II Development Project, a proposed master planned community (" proj ect"), For purposes of this Agreement, the term "Project" shall also mean "Property." B. Owner owns fee title or an equitable interest to the Property. Owner intends that all other persons holding legal or equitable interest in the Property benefit from and be bound by this Agreement, as more particularly described herein. C. Owner intends to develop, improve, build on, sell or lease the Property or portions thereof to various builders ("Builders") of residential property or developers of non-residential property who may acquire portions of the Property and the benefits and burdens under this Agreement. D. The City has adopted a Transportation Development Impact Fee ( "TD IF") Program, by Ordinance No.2251, which has been subsequently amended and updated by Ordinance Nos. 2289, 2348, 2349, 2431, 2580, 2604 and 2671 ("TDIF Program"). City intends to update the TDIF Program on November 16, 1999, in the form attached as Exhibit "B" ("TDIF Amendment") to include additional facilities and development. In addition the City is updating the costs of those facilities currently identified in the TDIF Program. E. City has approved a Tentative Subdivision Map commonly referred to as Tract 90-07 ("Tentative Subdivision Map") for the 1 13 C-~ subdivision of the Property in which Owner is required to pay the City's TDIF, as amended from time to time, and to construct certain roadway improvements. NOW THEREFORE, THE PARTIES AGREE AS FOLLOWS: 1. Agreement Applicable to Subsequent Owners. a. Aqreement Bindinq Upon Successors. This Agreement shall be binding upon and inure to the benefit of the successors, assigns and interests of the Owner as to any or all of the Property until and unless released by the mutual consent of the Parties. b. Burdens on Property. The burden of the covenants contained in this Agreement ("Burden") is for the benefit of and in favor of the Property and the City, its successors and assigns and any successor in interest thereto, City is deemed the beneficiary of such covenants for and in its own right and for the purposes of protecting the interest of the community and other parties, public or private, in whose favor and for whose benefit of such covenants running with the land have been provided without regard to whether City has been, remained or are owners of any particular land or interest therein. If such covenants are breached, the City shall have the right to exercise all rights and remedies and to maintain any actions or suits at law or in equity or other proper proceedings to enforce the curing of such breach to which it or any other beneficiaries of this Agreement and the covenants may be entitled. 2. Use of Development Impact Fee Program. The TDIF amounts paid to the City by Owner shall be placed by the City in a capital facility fund account established pursuant to California Government Code sections 66000-66009. The City shall expend such funds only for the projects described in the adopted TDIF Amendment as may be modified from time to time. 3. Withholding of Permits. Owner agrees that City shall have the right to withhold issuance of a building permit for any structure or improvement on the Property unless and until the fee required by the TDIF Amendment, due and payable for that structure has been provided to the City. 4. Modification of Development Impact Fees. The Parties recognize that from time to time during the duration of the Project, it will be necessary for the City to update and modify its TDIF Amendment. Such reasonable modifications are contemplated by the City and the Owner and shall not constitute a modification to the Agreement so long as: (i) such modifications are based upon methodologies in substantial compliance with the methodology contained in the existing TDIF Amendment; or other methodology approved by the City Council following a public hearing; and (ii) complies with the provisions of Government Code sections 66000-66009 and other 2 1-2> c-,3 California law. 5. TDIF Payment. Owner acknowledges and agrees that Owner is required, pursuant to its Tentative Subdivision Map, to pay the fee required by the TDIF Amendment as may be amended and updated from time to time. 6. Hold Harmless. Owner and on behalf of its successors, assigns and agents, agree by execution of this Agreement to unconditionally, irrevocably and absolutely release and discharge the City, its City Council, officers, employees, and agents from any and all loss, liability, claims, costs (including without limitation attorney's fees), demands, causes of action or suits of any type (whether in law and/or equity) related directly or indirectly or in any way connected with the adoption of the TDIF Amendment. Owner further irrevocably and absolutely agrees that it will not prosecute nor allow to be prosecuted on its behalf or for its benefit, in any administrative agency, whether federal or state or in any court, whether federal of state any claim or demand of any type related to the adoption of said TDIF Amendment. Owner does expressly waive all of the benefits and rights granted to it pursuant to civil Code section 1542 which provides as follows: A general release does not extend to claims which the creditor does not know of or suspect to exist in his favor at the time of execution of the release, which if known by him must have materially affected his settlement with the debtor. 7. EDU Credits. a. EDU Credits for Facilities. City agrees that pursuant to the authority provided by provision 3.54.040(c) (10) of the TDIF Amendment, Owner shall be entitled to 886 Equivalent Dwelling Unit ("EDU") credits, for those facilities, described on Exhibit "C, II which have been bonded for in the amount equal to three million five hundred forty thousand dollars ($3,540,000.00). Owner shall only be entitled to apply any and all such EDU credits towards the required paYment of future TDIF for any phase, stage or increment of the Project or Phases lA or IB as identified in the Tentative Subdivision Map. The amount of $3,540,000.00 shall be subtracted from any cash credits that may have been or will be accrued to the Owner in accordance with the requirements and provisions of the TDIF Amendment, regardless of the actual eligible costs of completing the facilities identified in Exhibit II C" b. Use of EDU Credits. Owner acknowledges and agrees that when a subsequent purchaser of property (i. e. Builder) within the Project requests, with Owner's approval, to utilize a EDU credit, said credit will be charged against Owner's balance of EDU credits. Owner further acknowledges and agrees that City will not be a party to, nor liable for the EDU credit transfer between a subsequent 3 I~ C-4 purchaser within the Project and the Owner, nor be a party to any agreement by and between Owner and any said property purchaser. Notwithstanding anything to the contrary, Owner has represented to the City and Owner agrees to provide EDU or cash credits for the development project commonly known as Village 1 and 16 of the Sunbow Project. c. Challenqe of TDIF Amendment. Owner further acknowledges and agrees that if the TDIF Amendment, or any material provision or requirement contained in such TDIF Amendment, is held to be invalid, void, or unenforceable by a final judgement of a court of competent jurisdiction, the Owner shall not be entitled to any reimbursements of TDIF fees that City may be required to make as a result of such judgement or court order up to the number of EDU credits used by Owner. (This does not effect any rights Owner may have, with respect to its cash credits.) If said TDIF Amendment is not upheld or the City is barred from providing EDU credits to Owner, City shall not be responsible for providing any further EDU credits. In such case, Owner's EDU credits shall be converted into cash credits in accordance with the TDIF Program. In addition, Owner agrees that the City shall not be responsible for any liability or damage should City not be allowed to provide such EDU credits. 8. Miscellaneous Provisions. a. Relationship of city and Owner. The contractual relationship between City and Owner arising out of this Agreement is not of agency. This Agreement does not create any third-party beneficiary rights. b. Notices. All notices, demands, and correspondence required or permitted by this Agreement shall be in writing and delivered in person, or mailed by first-class or certified mail, postage prepaid, addressed as follows: If to City, to: City of Chula vista 276 Fourth Avenue Chula Vista, CA 91910 Attention: City Manager If to Owner, to: ACI Sunbow, LLC 750 B Street, Suite 2370 San Diego, CA 92101 Attention: Keith Horn City or Owner may change its address by giving notice in writing to the other. Thereafter, notices, demands, and correspondence shall be addressed and transmitted to the new address. Notice shall be deemed given upon personal delivery, or, if mailed, two (2) business days following deposit in the united States mail. 4 I 3 C-5 c. Entire Aqreement, Waivers, and Recorded statement. This Agreement constitutes the entire understanding and agreement of City and Owner with respect to the matters set forth in this Agreement. This Agreement supersedes all negotiations or previous agreements between city and Owner respecting this Agreement. All waivers of the provisions of this Agreement must be in writing and signed by the appropriate authorities of City and Owner. Upon the completion of performance of this Agreement, or its revocation or termination, a statement evidencing completion, revocation, or termination signed by the appropriate agents of City shall be recorded in the Official Records of San Diego County, California. Unless otherwise specifically stated, nothing herein shall be construed to supersede, modify or amend other existing agreements between the Parties. d. Incorporation of Recitals. The recitals set forth in this Agreement are incorporated herein to this Agreement. e. Captions. The captions of this Agreement are for convenience and reference only and shall not define, explain, modify, construe, limit, amplify, or aid in the interpretation, construction, or meaning of any of the provisions of this Agreement. f. Recordinq. The City Clerk shall cause a copy of this Agreement to be recorded with the Office of the County Recorder of San Diego County, California, within ten (10) days following the approval of the Agreement. g. Hold Harmless. Owner agrees to and shall hold City, its officers, agents, employees and representatives harmless from liability for damage or claims for damage which may arise directly or indirectly from this Agreement. Owner agrees to and shall defend City and its officers, agents, employees and representatives from actions for damage caused or alleged to have been caused by reason of this Agreement. Owner agrees to indemnify, hold harmless, pay all costs and provide a defense for City in any legal action filed in a court of competent jurisdiction by a third Party challenging the validity of this Agreement. The provisions of this subparagraph shall not apply to the extent such damage, liability or claim is caused by the sole negligence or willful misconduct of City, its officers, agents, employees or representatives. h. Authority of Siqnatories. Each individual signing this Agreement on behalf of the entity as identified herein, warrants that he or she is duly authorized to sign this Agreement on behalf of such entity and that this Agreement is binding upon the entity in accordance with its terms. i. Effective Date of Aqreement. This Agreement shall take effect and be binding upon the Parties sixty (60) days after the adoption of the TDIF Amendment. 5 /3C-C, Nov-11-99 Ol:36P P.O2 SIGNATURE PAGE TO TRANSPORTATION DEVELOPMENT IMPACT FEE-AGREEMENT Dated this - day of , 1999. CITY OF CHULA VISTA ACI Sunbow, LLC, a California limited liability company, Shirley Horton, Mayor AYRES LAND COMPANY, INC., a California By; corporation, its Manager ATTEST: 14ft: By: , Keith J. Horne, President Susan Bigelow, City Clerk APPROVED AS TO FORM: John M. Kaheny, City Attorney B:\bo..'A;cornWY\Ayr..~.C1D /3C--7 " " -:"'. --,- "- :~! ~.. -. . EXHIBIT A ,. ~ecra: ~e~c~i~~:~n ~f .~~n~xñ~ie ;é3~ J-13210 LEGAL DESCRIPTION REMAINDER OF "REMAINDER LOT" AND LOT "Y", MAP NO, 13423 EXCEPTING SUN BOW, PHASE 1 B (Map No. 13720) Those portions of "Remainder Lot" and Lot "Y" of Chula Vista Tract 90-07, Sunbow II Units 1 and 2 in the City of Chula Vista, County of San Diego, State of California according to Map No.1 3423 filed in the Office of the County Recorder oí :::aid San Diego County, being more particularly described as follows: Beginning at the most Southeasterly corner of Lot "A", Chula Vista Tract No. 90-07, Sunbow, Phase 18 Units 3, 4 and 16 per Map No. 13720; thence along the Easterly and Northerly lines of said Map No. 13720 the following courses: North 02°58'03" West 653.61 feet; thence North 03°23'26" East 56.00 feet; thence North 86°36'34" West 9.50 feet; thence North 03°23'31" East 125.00 feet; thence North 15029'08" East 97.11 feet; thence South 43°19"18" East 55.71 feet; thence South 68026'08" East 43.55 feet; thence South 86011 '37" East 50.77 feet; thence North 63°29'41" East 92.93 feet; thence North 31 °39'27" East 44.86 feet; thence North 11 °34'58" East 241.25 feet; thence North 30°29'06" East 149.67 feet; thence North 52°49'02" East 50.17 feet; thence North 74°01'58" East 119.49 feet; thence North 75°28'31" East 58.61 feet; thence North 71 °1 1 '37" East 58.50 feet; thence North 65 °43' 13" East 215.23 feet; thence North 70°40'17" East 51.91 feet; thence North 76°49'22" East 51.94 feet; thence North 83°42'17" East 51.89 feet; thence North 86°26'08" East 225.99 feet; thence North 04°52'30" East 13.30 feet; thence North 08°39'00" West 72.93 feet; thence North 83°43'22" East 42.38 feet: thence North 060 16'38" West 124.00 feet; thence North 17°35'30" East 93.90 feet; thence North 24°55' 16" West 148.40 feet; thence North 07Dl 1 13" East 78.01 feet; thence North 24°38'5S" West 126.84 feet; thence South 65°21'02" West 38.10; thence North 24°38'58" West 1 28.00 feet; thence South 65°21 '02" West 440.92 feet to the beginning of a tangent 1936.00 foot radius curve concave Northwesterly; thence Southwesterly along the arc of said curve through a central angle of 15°53'13" a distance of 536.81 feet; thence North 52°55'31" West 28.69 feet; thence North 07°05' 1 6" West 350.18 feet to the beginning of a tangent 90.00 foot radius curve concave Easterly; thence Northerly along the arc of said curve through a central angle of 16°33'35" a distance of 26.01 feet; thence North 09°28'19" East 45.56 feet to the beginning of a tangent 55.00 foot radius curve concave Southwesterly; thence Northwesterly along the arc of said curve through a central angle of 159°41 '39" a distance of 153.30 feet; thence North 60°13'20" West 15.00 feet; thence South 82°54'44" West 461,85 feet; thence North 17°52'34" West 220.61 feet; thence leaving said Map No. 13720 along the Northerly, Easterly and SOutherly lines of said Map No. 13423 the fOllowing Pag~ 1 af ;3C-Q courses: North 72°09'17" East 337.15 feet; thence North 17°52'34" West 16~67 feet; thence North 72°09'17" East 1317.29 feet; thence North 72°09'53" East 658.94 feet; thence North 17°52'50" West 661.02 ~~et; thence South 72°08'55" West 658.96 feet; thence North 17°52'57" West 1316.82 feet; thence North 72°09'24" East 397.46 feet to the beginning of a non.tangent 1230.00 foot radius curve concave Northerly, to which a radial line bears South 06°28'34" West; ,thence Easterly along the arc of said curve through a central angle of 06'J30'26" a distance of 139.69 feet; thence. North 89°58'08" East 1 083.33 feet to the beginning of a tangent 2030.00 foot radius curve concave Northerly; thence Easterly along the arc of said curve concave Northerly; thence Easterly along the arc of said curve through a central angle of 11 °36'51" a distance of 411.50 feet; thence North 78°21'17" East 16.32 feet; thence South 17°52'03" East 2170.39 feet; thence South 17<152'18" East 659.82 feet; thence South 72<109'46" West 658.79 feet; thence South 17°51' 11" East 903.03 feet; thence North 72<100'55" East 245.68 feet; thence South 18<137'33" East 2852.65 feet; thence North 88°31'41" West 1 1 29.65 feet; thence North 88°52'06" West 2645.64 feet; thence North 88°52'09" West 1322.97 feet; thence North 00°29'00" East 945.63 feet to the beginning of a non-tangent 3071.00 foot radius curve concave Southeasterly, to which a radial line bears North 13°52' 18" West; thence Northeasterly along the arc of said curve through a central angle of 03 ° 15' 43" a distance of 174.84 feet; thence North 79° 23' 25" East 847.10 feet to the Point of Beginning. Containing 419.987 acres. ,- / / . oJ,,/-, <# 0 - / .' // -- ..,./:~ .(,- - ,.c,' ~""'-::_o .::....... - '---:- (I-"ç Robert G. Schoettmer loS. 4324 ib'13210.004 Page 2 of 2 13 C--g " (;)( ~ I B r J vG ORDINANCE NO. AN ORDINANCE OF THE CITY OF CHULA VISTA, CALIFORNIA AMENDING THE TRANSPORTATION DEVELOPMENT IMPACT FEE PROGRAM, ADDING CHAPTER 3.54, DEVELOPMENT IMPACT FEE TO PAY FOR TRANSPORTATION FACILITIES IN THE CITY'S EASTERN TERRITORIES, TO THE CHULA VISTA MUNICIPAL CODE AND REPEALING ORDINANCE 2251 AND AMENDMENTS THERETO WHEREAS, in January 1988, the City Council of the City of Chula Vista adopted Ordinance No. 2251 establishing a development impact fee for transportation facilities in the City's eastern territories; and, WHEREAS, pursuant to Ordinance No. 2251, the City has commenced the collection of development impact fees to be used to construct transportation facilities to accommodate increased traffic generated by new development within the City's Eastern Territories; and, WHEREAS, Ordinance No. 2251 has been modified or amended at least six times including by Ordinance Nos, 2289, 2348, 2349, 2431, 2580, 2604 and 2671; and, WHEREAS, pursuant to Section 1 (c) of Ordinance No. 2251 and California Government Code Sections 66000, et. seq., the City Council has caused a study to be conducted to reanalyze and reevaluate the impacts of development on the transportation system for the City=s eastern territories and, to further reanalyze and evaluate the development impact fee necessary to pay for the transportation facilities which Financial and engineering study prepared by Project Design Consultants, is entitled" Eastern Area Development Impact Fees for Streets 1999 Update" (the Update) dated October 25, 1999; and, WHEREAS, the financial and engineering studies and the City's General Plan show that the transportation network will be adversely impacted by new development within the eastern territories unless new transportation facilities are added to accommodate the new development; and, WHEREAS, the financial and engineering studies and the City's General plan establish that the transportation facilities necessitated by development in the eastern territories comprise and integrated network; and, WHEREAS, Ordinance No, 2251 authorizes the City Council to amend or modify the list of projects to be financed by the fee; and, WHEREAS, on November 16, 1999, the City Council of the City of Chula Vista held a duly noticed meeting at which oral or written presentations regarding the development impact fee for the City=s eastern territories could be made; and, 1 13 c..- 10 The City Council finds that it is appropriate to revise the fees for Industrial land uses to reflect the fact that many of the trips associated with the commercial land uses are in fact, trips associated with other land uses that incorporate an intermediate stop at a commercial land use (passerby trips); and, The City Council finds that the "Eastern Area Development Impact Fees for Streets 1999 Update" has determined the extent to which new development of land will generate traffic volumes impacting the City's roadway system and that this Ordinance establishes a fair and equitable method for distributing the unfunded costs of transportation improvements necessary to accommodate the traffic volumes generated by such developments. The City Council finds that the fee established by this ordinance are based on the findings of the "Eastern Area Development Impact Fees for Streets 1999 Update" and that all such findings are incorporated herein by this reference, on file in the office of the City Clerk. The City Council finds it is necessary to ensure the timely payment of the" DIF program monitoring" cost item, included in Table E "Program Funding Requirements" of the Financial and engineering study to adequately fund ongoing and future administration activities and studies; and, The City Council finds that the Addendum prepared to EIR 90-01 reflects the independent judgment of the City Council of the City of Chula Vista and hereby adopts the Addendum to EIR 90-01. SECTION 2: That Ordinances 2251, 2289, 2348, 2349, 2431, 2580, 2604, and 2671 are hereby repealed and shall be of no further force and effect. SECTION 3: That Chapter 3.54 shall be added to the Municipal Code to read as follows: Chapter 3.54 Transportation Development Impact Fee 3.54.010 Establishment of Fee. A. A development impact fee in the amounts set forth in Section 3.54.01 O(C) is hereby established to pay for transportation improvements and facilities within the Eastern Territories of the City. The fee shall be paid before the issuance of building permits for each development project within the Eastern Territories of the City. No building permit shall be issued unless the development impact fee is paid. The fees shall be deposited into an 3 13 C- 1/ Eastern Territories Transportation Facilities Fund, which is hereby created, and shall be expended only for the purposes set forth in this ordinance. The Director of Finance is authorized to establish various accounts within the fund for the various improvements and facilities identified in this ordinance and to periodically make expenditures from the fund for the purposes set forth herein in accordance with the facilities phasing plan or capital improvement plan adopted by the City Council. The City Council finds that collection of the fees established by this ordinance at the time of the building permit is necessary to ensure that funds will be available for the construction of facilities concurrent with the need for those facilities and to ensure certainty in the capital facilities budgeting for the Eastern Territories. B. The fee established by this section is in addition to the requirements imposed by other City laws, policies or regulations relating to the construction or the financing of the construction of public improvements within subdivisions or developments. C. The amount of the fee for each development shall be calculated at the time of building permit issuance based upon the following schedule: Development Type Transportation Fee Single Family Detached Dwelling $5,920/ Dwelling Unit Single Family Attached Dwelling $4,736/ Dwelling Unit Multi-Family Dwelling $3,552/ Dwelling Unit Senior Housing $2,368/ Dwelling Unit Commercial $148,000/ Gross Acre Commercial (High Rise) $236,800/ Gross Acre Industrial $88,800/ Gross Acre Golf Course $414,400/ Golf Course Medical Center $384,800/ Gross Acre The amount of the fee shall be adjusted, starting on October 1, 2000, and. on each October 1 st thereafter, based on the one year change (from July to July) in the 20 City Construction Cost Index as published monthly in the Engineering News Record. For reference purposes, the July 1999, 20 City Construction Cost Index is 6076.25. Adjustments to the above fees based upon the Construction Cost Index shall be automatic and shall not require further action of the City Council. The City Council shall at least annually review the amount of the fee. The 4 13 C-/ð.. City Council may adjust the amount of the fee as necessary to reflect changes in the type, size, location or cost of the Transportation Facilities to be financed by the fee, changes in land use designations in the City's General Plan, and upon other sound engineering, financing and planning information. Adjustments to the above fees resulting from the above reviews may be made by resolution amending the Master Fee Schedule. D. The fees collected shall be used by the City for the following purposes as determined by the City Council: 1. To pay for the construction of facilities by the City, or to reimburse the City for facilities installed by the City with funds from other sources. 2. To reimburse developers who have been required by Section 3.54.040(A) to install improvements that are major streets and are listed in Section 3.54.030. 3. To reimburse developers who have been permitted to install improvements pursuant to Section 3.54.040(B). 3.54.020 Definitions. For the purposes of Chapter 3.54, the following words or phrases shall be construed as defined herein, unless from the context it appears that a different meaning is intended. A. "Building Permit" means a permit required by and issued pursuant to the Uniform Building Code. B. "Developer" means the owner or developer of a development. C. "Development Permit" means any discretionary permit, entitlement or approval for a development project issued under any zoning or subdivision ordinance of the City. D. "Development Project" or "Development" means any activity described in Sections 66000 of the State Government Code. E. "Eastern Territories" generally means that area of the City located between Interstate 805 on the west, the City sphere of influence boundary on the east and northeast, the City boundary on the north and the City's southern boundary on the south, excepting Villages 9 and 1 0 of the Otay Ranch "the University Site" as shown on the map entitled "Figure I" of the Update of the Financial and engineering studies. The property known as Bonita Gateway located at the 5 13 C- /3 northeast quadrant of Bonita Road and 1-805 intersection is also included. F. "Financial and Engineering Studies" means the "Interim Eastern Area Development Impact Fee for Streets" study prepared by George 1. Simpson and Willdan Associates dated November 1987, the" Eastern Area Development Fee for Streets" study prepared by Willdan Associates dated November 19, 1990, the "Eastern Development Impact Fee for Streets B - 1993 Revision" study prepared by City staff dated July 13, 1993, and the study prepared by Project Design Consultants ("Eastern Area Development Impact Fees for Streets, 1999 Update") dated October 25, 1999 which are on file in the Office of the City Clerk. G. "High Rise" Commercial means commercial office usage 5 or more stories in height. 3.54.030 Transportation Facilities to be Financed by the Fee A. The transportation facilities and programs to be financed by the fee established by this ordinance are: 1.* State Route 125 from San Miguel Road to Telegraph Canyon Road. 2.* State Route 125 from Telegraph Canyon Road to Orange Avenue. 3. Telegraph Canyon Road from Paseo Del Rey to east of Paseo Ladera/north side. 3a. Telegraph Canyon Road at 1-805 interchange/Phase II. 4.** Telegraph Canyon Road B Phase I Rutgers Avenue to Eastlake Boundary. 5.** Telegraph Canyon Road B Phase II Paseo Ladera to Apache Drive. 6.** Telegraph Canyon Road B Phase III Apache Drive to Rutgers Avenue. 7. East H Street B 1-805 interchange modifications. 8.** East H Street from Eastlake Drive to SR-125. 9.** Otay Lakes Road from Camino del Cerro Grande to Ridgeback Road. 10a. La Media Road from Telegraph Canyon Road to East Palomar Street. 10b. La Media Road from East Palomar Street to Olympic Parkway. 11. Bonita Road from Otay Lakes Road to Central Avenue. 6 13C-{4 12. Bonita Road from Central Avenue to San Miguel Road. 13.* San Miguel Road from Bonita Road to SR-125. 14.** East H Street from State Route 125 to San Miguel Road. 15.** Proctor Valley Road (East H Street) from San Miguel Road to Hunte Parkway. 16. Olympic Parkway from Brandywine Ave. to Paseo Ranchero. 17a. East Palomar Street from Oleander Ave. to Sunbow Eastern Boundary 17b. East Palomar Street from Sunbow eastern boundary to Medical Center Drive. 18.** Telegraph Canyon Road from eastern boundary of Eastlake to Hunte Parkway. 19.** Eastlake Parkway from Otay Lakes Road to EastLake High School southern boundary. 20.** Hunte Parkway from Proctor Valley Road to Telegraph Canyon Road. 21.** Hunte Parkway from Telegraph Canyon Road to Club House Drive. 21a. Hunte Parkway from South Greensview Drive to Olympic Parkway. 22. Olympic Parkway from EastLake Parkway to Hunte Parkway. 23a. Paseo Ranchero from Telegraph Canyon Road to East Palomar Street. 23b. Paseo Ranchero from East Palomar Street to Olympic Parkway. 24a. Olympic Parkway from Paseo Ranchero to La Media Road. 24b. Olympic Parkway from La Media Drive to East Palomar Street. 24c. Olympic Parkway from East Palomar Street to SR125. 24d. Olympic Parkway from SR125 to EastLake Parkway. 25. Olympic Parkway B 1-805 Interchange Modifications to Brandywine Avenue. 7 I:1C-IS 26. East Palomar Street from eastern Sunbow Boundary to Paseo Ranchero. 27. East Palomar Street at 1-805 Interchange. 28. Otay Lakes Road from Hunte Parkway to Wueste Road. 29. Olympic Parkway from Hunte Parkway to Olympic Training Center. 30. Otay Lakes Road from SR-125 to Eastlake Parkway. 31. EastLake Parkway from Fenton Street to Otay Lakes Road. 32. East AH@ Street from 1-805 to Hidden Vista Drive. 33.** Bonita Road at Otay Lakes Road Intersection. 34.** Otay Lakes Road at Elmhurst Drive Intersection. 35.** East AH@ Street at Otay Lakes Road Intersection. 36. Traffic Signal Interconnection B Eastern Territories. 37. EastLake Parkway from Eastlake High School southern boundary to Olympic Parkway. 38.** East AH@ Street from Paseo Del Rey to Tierra del Rey. 39.** Bonita Road from 1-805 to Plaza Bonita Road. 40. Alta Road from SR 125 to Eastlake Parkway. 41. Brandywine/Medical Center Drive from Medical Center Court to Olympic Parkway. 42. Birch Road from La Media Road to SR125. 43. Birch Road from SR125 to Eastlake Parkway. 44. Birch Road from Eastlake Parkway to Hunte Parkway. 45. Eastlake Parkway from Olympic Parkway to Birch Road. 46. Eastlake Parkway from Birch Road to Rock Mountain Road. 47. Mt. Miguel Road from Proctor Valley Road South to Proctor Valley Road 8 ¡3C-(G:; North. 48. Hunte Parkway from Olympic Parkway to Birch Road. 50. La Media Road bridge crossing the Otay River (1/2 the cost). 51. La Media Road from Olympic Parkway to Birch Road. 52. La Media Road from Birch Road to Rock Mountain Road. 53. La Media Road from Rock Mountain Road to Otay Valley Road. 54. La Media Road from Otay Valley Road to southern City boundary, 55. Otay Lakes Road from East H Street to Telegraph Canyon Road. 56.a Otay Valley Road from 1-805 to Rock Mountain Road. 56.b Otay Valley Road from Rock Mountain Road to La Media Road. 56.c Otay Valley Road from La Media Road to SR125. 57.. Paseo Ranchero from Olympic Parkway to Otay Valley Road. 58. Paseo Ranchero Otay Valley Road to southern City Boundary (including bridge crossing the Otay River) (1/2 the cost). 59. Proctor Valley Road from Hunte Parkway to eastern City boundary at Upper Otay Reservoir. 60. Rock Mountain Road from SR125 to Otay Valley Road. 61. Willow Street from Bonita Road to Sweetwater Road (including bridge over Sweetwater River), 62. East H Street from Buena Vista Way to Otay Lakes Road. 63. Intersection Signalization area wide within the Eastern Territories. 64. Development Impact Fee program support. * Project is now included in the interim pre-SR125 transportation facility fee. ** Project has been completed. 9 { 2,c-/l B. The City Council may modify or amend the list of projects in order to maintain compliance with the Circulation Element of the City's General Plan. 3.54.040 Developer Construction of Transportation Facilities A. Whenever a developer of a development project would be required by application of City law or policy, as a condition of approval of a development permit to construct or finance the construction of a portion of a transportation facility identified in Section 3.54.030 of this ordinance, the City Council may impose an additional requirement that the developer install the improvements with supplemental size, length or capacity in order to ensure efficient and timely construction of the transportation facilities network. If such a requirement is imposed, the City Council shall, in its discretion, enter into a reimbursement agreement with the developer, or give a credit against the fee otherwise levied by this ordinance on the development project, or some combination thereof. B. A developer may request authorization from the City Council to construct one or more of the facilities listed in Section 3.54.030. C, Whenever a developer requests reimbursement, or a credit against fees, for work to be done or paid for by the developer under Subsections (A) or (B) of this section, the request snail be submitted in writing to the City Council before commencement of the work. The request shall contain the following information and, if granted, shall be subject to the following conditions: 1. Detailed description of the project with a preliminary cost estimate, That portion of the project which involves the specified improvements authorized by Section 3.54.030 is referred to herein as the Transportation Facility Project. 2. Requirements of developer: - preparation of plans and specifications for approval by the City; - secure and dedicate any right-of-way required for the Transportation Facility project; - secure all required permits and environmental clearances necessary for the Transportation Facility project; - provision of performance bonds (where the developer intends to utilize provisions for immediate credit, the performance bond shall be for 100 percent of the value of the Transportation Facility Project); - payment of all City fees and costs. 3. The City will not be responsible for any of the costs of constructing the Transportation Facility Project. The developer shall advance all necessary 10 {~C,-(ç; final deferred fee obligation, and of the amount of the applicable credit. If the amount of the applicable credit is less than the deferred fee obligation, then the developer shall have thirty (30) days to pay the deferred fee. If the deferred fees are not paid within the thirty-day period, the City may make a demand against the liquid security and apply the proceeds to the fee obligation. 10. The developer will receive any credit against required Development Impact Fees incrementally at the time building permits are issued for the developer's project. The amount of the credit to be applied to each building permit shall be based upon the fee schedule in effect at the time of the building permit issuance. The Director of Public Works shall convert such credit to an EDU basis for residential development and/or a Gross Acre basis for commercial or industrial development for purposes of determining the amount of credit to be applied to each building permit. If the total eligible construction cost for the Transportation Facility Project is more than the total Development Impact Fees which will be required for the developer's project, then the amount in excess of Development Impact Fees will be paid in cash when funds are available as determined by the City Manager; a reimbursement agreement will be executed; or the developer may waive reimbursement and use the excess as credit against future Development Impact Fee obligations. The City may, ¡nits discretion, enter into an agreement with the developer to convert excess credit into EDU and/or gross acre credits for use against future Development Impact Fee obligations at the fee rate in effect on the date of the agreement. 11. The requirements of Section 3.54.040(C) may, in the City's discretion, be modified through an agreement entered into with the developer. D. Whenever a Transportation Development Impact Fee credit is generated by constructing a transportation facility using assessment district or community facilities district financing, the credit shall only be applied to the Transportation Development Impact Fee obligations within that district. 3.54.050 Procedure for Fee Waiver or Reduction. A. Any developer who, because of the nature or type of uses proposed for a development project, contends that application of the fee imposed by this ordinance is unconstitutional, or unrelated to mitigation of the traffic needs or burdens of the development, may apply to the City Council for a waiver, reduction, or deferral of the fee. A development which is designed and intended as a temporary use (10 years or less) and which is conducted in facilities which are, 12 {:; c-,q by their nature, short term interim facilities such as a portable or modular building (including mobile homes, trailers, etc.) may qualify for a waiver, reduction, or deferral. In addition, a deferral may be granted on the basis of demonstrated economic hardship on the condition that (1) the use offers a significant public benefit; (2) the amount deferred bears interest at a fair market rate so as to constitute an approximate value equivalent to a cash payment; and (3) the amount deferred is adequately secured by agreement with the applicant. Unless the requirement for timely filing is waived by the City, the application shall be made in writing and filed with the City Clerk not later than ten (10) days after notice of the public hearing on the development permit application or the project is given, or if no development permit is required, at the time of the filing of the building permit application. The application shall state in detail the factual basis for the claim of waiver or reduction. B. Any developer who proposes a golf course and contends that the application of the Development Impact Fee is unrelated to the mitigation of the traffic needs of the golf course may apply to the City Council for a reduction of the fee based on the nature of the proposed golf course. An interim reduction may be granted in the City's discretion pursuant to a written agreement with the developer and upon developer's submission of a preliminary traffic study which adequately supports the contention that the fee imposed by this ordinance is not related to the traffic to be generated by the golf course. The City's final decision on the fee to be imposed on the golf course will be based on a traffic study to be paid for by developer and prepared and submitted for approval by the City's Director of Public Works within the fourth year of operation of the fully developed golf course. Should developer fail to submit such traffic study and obtain the City's approval thereof during the fourth year of golf course operation, the entire fee imposed by this ordinance shall be immediately due and payable. If a fee reduction is permitted, the City Council may allow developer to pay the Development Impact Fee over a ten year period. C. The City Council shall consider the application at a public hearing on same, notice of which need not be published other than by description on the agenda of the meeting at which the public hearing is held. Said public hearing should be held within sixty (60) days after its filing. The decision of the City Council shall be final. If a deferral, reduction or waiver is granted, it should be granted pursuant to an agreement with the applicant, and the property owner, if different from the applicant, providing that any change in use within the project shall subject the development to payment of the full fee. The procedure provided by this Section is additional to any other procedure authorized by law for protesting or challenging the fee imposed by this ordinance. 3.54.060 Payment of DIF Program Support 13 /3 C-~O The II DIF Program Support II shall, with no exceptions, be paid in cash concurrently with the development impact fee at a rate equal to 3% of the total applicable fee. 3.54.070 Exemptions Development projects by public agencies shall be exempt from the provisions of this fee. Exempt development uses with the following characteristics or activities as a principal use of land, generally described as "Community Purpose Facility": A. Social service activities, including such services as Boys Scouts, Girl Scouts, Boys Club and Girls club, Alcoholics Anonymous, YMCA and services for the homeless; B. Public Schools (elementary and secondary); C. Private Schools (elementary and secondary); D. Day Care (non-profit only); E. Senior Care And Recreation (non-profit only); F. Worship, Spiritual growth and Development 3.54.080 Assessment Districts If any assessment or special taxing district is established for any or all of the facilities listed in Section 3.54.030, the owner or developer of a project may apply to the City Council for a credit against the fee in an amount equal to the developments attributable portion of the cost of the authorized improvements as determined by the Director of Public Works, plus incidental costs normally occurring with a construction project, but excluding costs associated with assessment district proceedings or financing. SECTION 4: EXPIRATION OF THIS ORDINANCE This ordinance shall be of no further force and effect when the City Council determines that the amount of fees which have been collected reaches an amount equal to the cost of the transportation facilities or reimbursements. SECTION 5: TIME LIMIT FOR JUDICIAL ACTION Any judicial action or proceeding to attack, review, set aside void or annul this ordinance shall be brought within the time period as established by Government Code Section 66020 after the effective date of this ordinance. In accordance with Government Code Section 66020(d)(1), the ninety day approval period in- which parties may protest begins upon the effective date of this ordinance. 14 13 C-- ~ I SECTION 6: EFFECTIVE DATE. This Ordinance shall become effective 60 days after its adoption. Presented by: Approved as to form: Ov-.- ~ Þ. John P. Lippitt John M. Kaheny Director of Public Works City Attorney H:\SHAREDIA TTORN EYlTDI FORD2. 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' - .': :.= 51 0... u 0... 0... ~c.. a:¡ ,- u - ~ - - ... ~ "îi ~ u ~ ~ - U ~ ¡.... ~ ~ u.:¡ ~ 0 * 13 C -ð 3> t COUNCIL AGENDA STATEMENT Itemd Meeting Date 11/16/99 ITEM TITLE: /j. Resolution Approving a Final Map for Chula Vista Tract . No. 97-02, McMillin Otay Ranch SPA One, Phase 2, Unit 7, accepting on behalf of the City of Chula Vista the easements granted on said map within said subdivision, Accepting on behalf of the public Pleasanton Road, Bull Canyon Road, Santa Flora Road, Carmel Avenue, Carmel Court, Rossin Court, Hayford Road, and Gold Run Drive, acknowledging on behalf of the City of Chula Vista the irrevocable offers of dedication of fee interests in lots Band C for open space and other public purposes and lots A and D for public park purposes on said map within said subdivision, and approving the Subdivision Improvement Agreement for the completion of improvements required by said subdivision, and authorizing the Mayor to execute said agreement. J). Resolution Approving a Final Map Supplemental Subdivision Improvement Agreement for Chula Vista Tract 97-02, McMillin Otay Ranch SPA One, Phase 2, Unit 7 and authorizing the Mayor to execute said agreement. SUBMITTED BY: Director of Public Works f ~~ REVIEWED BY: City Manager' - 'J ¡'V (4/5ths Vote: Yes_No X) {-r! Tonight, Council will be considering the approval of a Final Map, Subdivision Improvement Agreement, and Supplemental Subdivision Improvement Agreement for Phase 2, Unit 7 of Chula Vista Tract 97-02. Said map contains 104 single family lots, public streets, 2 public park lots and 2 private open space lots to be maintained by a Homeowners Association. RECOMMENDATION: That Council approve the Resolutions approving a Final map, Subdivision Improvement Agreement, and Supplemental Subdivision Improvement Agreement for the McMillin Otay Ranch, SPA One, Phase 2, Unit 7. DISCUSSION: On June 3, 1997, by Resolution 18686, City Council approved the Tentative Subdivision Map for a portion of Villages 1 and 5 of the McMillin Otay Ranch project, Chula Vista Tract 97-02. On April 28, 1998, by Resolution 18979, City Council approved additions and a modification to the conditions for Tentative Subdivision Map 97-02. The developer has requested the approval of a final map for a portion ofCVT No. 97-02, covering a portion of the Tentative Map located south of East Palomar Street (see Attachment 1). The final map consists of the following: )1/-) Page 4, Item- Meeting Date 11/9/99 Number of Lots for Open Space Number of Lots No. of Total No. of Single Family and other for Public Park Total Lots Lots Public Uses Purposes Acreage 108 104 (12.78 acres) 2 (2.49 acres) 2 (7.28 acres) 28.57 The Final Map has been reviewed by the Department of Public Works and the Planning and Building Department and found to be in substantial conformance with the approved tentative map. All required fees and/or deposits specific to this map have been collected. Approval of the map constitutes acceptance of Pleasant on Road, Bull Canyon Road, Santa Flora Road, Carmel Avenue, Carmel Court, Rossin Court, Hayford Road, and Gold Run Drive. In addition, approval of this map constitutes acceptance, by the City, of all sewer, drainage, general utility and access, pedestrian access, sight visibility and landscape buffer easements granted on said map. Council's approval of the proposed map will also acknowledge the Irrevocable Offers of Dedication (laD) of Fee Interests for Lots Band C for Open Space and Other Public Purposes and Lots A and D for Public Park Purposes. Lots A and D include portions of Park P-2, which are currently under the ownership of Otay Ranch Company and McMillin respectively (both developers are signing the map). The City will accept Lots A and D once the park improvements have been constructed. The Agreement for the Construction of Parks in Otay Ranch SPA One, approved by Council on November 9, 1999, requires the Otay Ranch Company to construct Park P-2. Lot B and Lot C will remain in private property and will be maintained by a Homeowner's Association. Section 7050 of the Government Code provides that the City may accept an laD at any time. McMillin has already executed the Subdivision Improvement Agreement (SIA) and has provided bonds to guarantee the construction of Pleasanton Road, Bull Canyon Road, Santa Flora Road, Carmel Avenue, Carmel Court, Rossin Court, Hayford Road, and Gold Run Drive and any improvements (i.e curb, gutter, sidewalk, sewer, asphalt, street lights, and appurtenant facilities) necessary to adequately serve said subdivision. The SIA and bonds are on file in the office of the City Clerk. Construction of all offsite improvements serving said subdivision has been already secured by previous Subdivision Improvement Agreements. McMillin has also executed a Supplemental Subdivision Improvement Agreement (SSIA) to satisfy Condition Nos. 1,3,4,5,6, 7, 22(b), 25, 40, 41, 72, 76(c), 80, 86, 96(a), 96(b), 96(c), 96(d), 96(e), 96(g) 97, 101, 103, 107, 114, 115, 116, 117, 118, 119, 122, 123, and 125 of Resolution 18686. Staff has reviewed said Agreement and determined that it satisfies all the applicable tentative map conditions for final map approval and recommends Council approval. All the conditions, excepting condition 7 are addressed using typical language used in previous agreements. A short discussion on condition 7 follows: /t/- ~ Page 4, Item- Meeting Date 11/9/99 Condition 7 requires that prior to the approval of each Final Map, the applicant shall comply with all applicable requirements of the Phase 2 Resource Management Plan (RMP). The Developer has already provided the City with Irrevocable Offers of Dedication (IOD) of the fee title for 25.296 acres of real property, which meets their conveyance obligations under the current RMP (at a rate of 1.188 acres of conveyance per acre of development area within the subject map). The laD would be accepted once the Preserve Maintenance District generates enough funds for maintaining said preserve land. In addition to conveying land, McMillin agrees to the following provisions in the SSIA: . Developer shall convey additional land, if necessary, to comply with a future amendment to the RMP that may contain a conveyance formula greater that 1.188 acres per acre of development. . All preserve land shall be granted in fee to the City of Chula Vista and County of San Diego as joint tenants. All conveyed land shall be free and clear of liens and encumbrances except for easements for existing public infrastructure and other easements approved by the City or for planned public infrastructure as permitted in the RMP. Developer further agrees to pay all taxes and assessments as they become due for the laD land until title has been transferred to the City and County. . Developer shall grant to City and County the right to enter the property at anytime. In addition, developer shall submit annual biological reports to the City and County on the status of the habitat in the IOD land. The first report is due one year from the date of approval of this final map by Council and shall continue until the City and County accept fee title to the property. The forms of the SSIA and SIA have been reviewed and approved by the City Attorney. The developer has already signed both agreements. FISCAL IMP ACT: None to the General Fund. Developer has paid all costs associated with the proposed final map and agreements. Attachments: Attachment I: Plat -Final Map Attachment 2: Developer's Disclosure Statement H:\HOME\ENGINEER\LANDDEV\OT A YRNCH\ 1130R220Frl.doc 11/9/994:50 PM /tJ"3 ----- LOT 'c' -- - / - - / -- , N -- " ------ 14 f r r / I ~ /~ ~ [; / ~ "4 r-o - :J: 68 I ~)d~ 16 67 i I :;r ~ ~ 10 z I b ~ ~ .~ 116 ~ I~ )t!t~ IN ". " .0>.0 ». -01 /" I r-'Qi ~~ I I - ~ I '" LOT ~. I (pARK) \ ~ \ .. 18: 0 - :J: ~ r- c: \ r- r- :z > \ ~o::: "U ~ C/) > ~ :;r 0.( > ? :u ~ \ I ~ ~ I 0 0 \ ,:J: ~ I !t \ I >- I - \ .0 ~ , \ C/):¡ 1'1 \ Co1 \ \ RICK ENGINEERING COMPANY CIVIL ENGINEERS. SURVEYOR'. PLANNERS McMILLIN orA Y RANCH SPA I 5620 FRIARS ROAD, SAN DIEGO PHASE 2, UNIT 7 (R-12E) CA. 92110-2596 PHONE. (6~9) 291-0101 CITY OF CHULA VISTA, CALIFORNIA PROJECT NUMBER- 13126U 1- c.v.T. 97-02 DA TE. OCTOBER 25 1999 ""'_ISlZI4'....,tJ.dQn J - , "~.~""""",:".- Attachment 2 cm- OF CHULA VISTA DISCLOSURE ST A TÐ.\ŒNT You are ~ to file a Statemem oi Disclosure oi cenain ownership or ñnancw interesUi. paymeou. or ~gn .::oouibunooø on aillDllØen which will ~ discreoonary acnon on We pan of the City Cùuncù. Planmng Commiaaion, and all other official bodies. The folloWIng inìorma.tlon must be disclosed: ., List the oamea of all persons havmg a ñnancJ&l interest 1Il the property wruch is We subject of the application or the CODtraCt, e.g., owner. applicant. CoDUBCtOr. subcomractOr. maIenal supplier. è(C. ",lc"lill'n i~",î" ::""iî"'1 <, , If any penon8 idcaified pursuant to (1) above is a corporation or partnership, list the names of ail iDdividuala owning more than 10% of the shares in the corporarion or ownmg any partnership intereat in the pumenhip. ~cMillin Companies. - T" 1,50%) L~,-, ~e~ced Partners ~imiteQ Partnership (~O%) 3. If any penon- ~ pu1IUIIØ to (1) above is a oan-pro~ orgaoization or a tIUlt, liat the names of any penœ serving .. direccor of the non-profit organization or u trustee or beneficiary or tN!;[or of the trust. ~. Have you }MId more than S2S0 worth of buainc8a t.r'anNct<ed with any member of the City staff, Bouda, (ftnmiaa1ooa, COØlII1ltteea, and Council within the put twelve months? Yes- ~o-x.... If yea, pleue iDdiaI&e penon( a ): 5. PIeuo idedify e8å1aøi every persoo.. including agau, empiayeeø. consultants, or independeot CootnláOn who you have aaaigoed to represeot you before the City in this matter. ":è"au: Fukuvama - Bob Pletcher 6. Have you 8Dd/or your officen or agents. in the aggregate. conuibuted more than $1.000 to a Council member in the ~ or preceding elecnon period? Yee- ~o- If yes. state which Council maober(a): . . . (NOTE: Attach A .. Date: 1/}-19- 91 President . &l3Dl1 is defined as: ~4ny individual. firm. co-partnership. join¡ veNUre, associarion. sOCÙJl club, frøumal organization, corporanon, estale. trust. receiver. syndicare, ¡his and anv other counry. ciry, or cOlllllTy, city fJ'IUIUcipality. dismcr. or orMr poiiriaJl subdivision. or any otMr group or combinarion acting as a unit. " ----- H: \H OME\ENG INEEIl \LANDDEV\FORMS \D ISCLOS E. FR.M ) '1-_5 RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING A FINAL MAP FOR CHULA VISTA TRACT 97-02, McMILLIN OTAY RANCH SPA ONE, PHASE 2, UNIT 7, ACCEPTING ON BEHALF OF THE CITY OF CHULA VISTA THE EASEMENTS GRANTED ON SAID MAP WITHIN SAID SUBDIVISION, ACCEPTING ON BEHALF OF THE PUBLIC THE PUBLIC STREETS DEDICATED ON SAID MAP, ACKNOWLEDGING THE IRREVOCABLE OFFERS OF DEDICATION IN OPEN SPACE LOTS AND OTHER PUBLIC PURPOSES AND LOTS A AND D FOR PUBLIC PARKS PURPOSES, AND APPROVING SUBDIVISION IMPROVEMENT AGREEMENT FOR THE COMPLETION OF IMPROVEMENTS REQUIRED BY SAID SUBDIVISION, AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT The City Council of the City of Chula vista does hereby resolve as follows: NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula vista hereby finds that that certain map survey entitled CHULA VISTA TRACT 97-02, McMILLIN OTAY RANCH SPA ONE, PHASE 2, UNIT 7, and more particularly described as follows: Being a subdivision of Parcell and a portion of Parcel 4 of Parcel Map No. 18125, in the City of Chula vista, County of San Diego, State of California, filed in the office of the County Recorder of San Diego County, October 9, 1998 as File No. 1998-0652421 of Official Records, and Lot "R" of Chula vista Tract No. 96-04, Otay Ranch village 1 "A" Map No.1 in the City of Chula vista, County of San Diego, State of California, according to Map thereof No. 13592, filed in the office of the County Recorder of San Diego County, October 9, 1998. Area: 28.570 acres No. of Lots: 108 Numbered Lots: 104 Lettered Lots: 4 is made in the manner and form prescribed by law and conforms to the surrounding surveys; and that said map and subdivision of land shown thereon is hereby approved and accepted upon receipt by the City of Chula vista of all improvement securities described in the Subdivision Improvement Agreement. BE IT FURTHER RESOLVED that said Council hereby accepts on behalf of the public the public streets, to-wit: Pleasanton Road, Bull Canyon Road, Santa Flora Road, Carmel Avenue, Carmel court, Rossin Court, Hayford Road, and Gold Run Drive, and said 1 ;r/l-¡ streets are hereby declared to be public streets and dedicated to the public use. BE IT FURTHER RESOLVED that said Council hereby accepts on behalf of the City of Chula Vista the pedestrian access easements as shown on said map within said subdivision. BE IT FURTHER RESOLVED that said Council hereby accepts on behalf of the City of Chula vista the sewer and drainage, sight visibility and 20' landscape buffer easements as shown on said map within said subdivision. BE IT FURTHER RESOLVED that said Council hereby acknowledges on behalf of the City of Chula vista the Irrevocable Offer of Dedication of the Fee Interest of Lots B and C for open space and other public purposes. BE IT FURTHER RESOLVED that said Council hereby acknowledges on behalf of the City of Chula vista the Irrevocable Offer of Dedication of the Fee Interest of Lots A and D for public park purposes. BE IT FURTHER RESOLVED that said Council hereby accepts on behalf of the public the assignable and irrevocable General Utility and Access Easements, all as shown on said map within this subdivision. BE IT FURTHER RESOLVED that said Council hereby terminates, vacates and abandons on behalf of the City of Chula Vista a certain 20' landscape buffer easement granted on Map. No. 13592. BE IT FURTHER RESOLVED that said Council hereby terminates, vacates and abandons on behalf of the City of Chula Vista a certain 10' assignable and irrevocable general utility and access easement granted on Map No. 13592. BE IT FURTHER RESOLVED that said Council hereby terminates on behalf of the public the irrevocable offers of dedication for street right of way purposes for Gold Run Drive and Santa Flora Road dedicated on Map No. 13592. BE IT FURTHER RESOLVED that the City Clerk of the City of Chula vista be, and is hereby authorized and directed to endorse upon said map the action of said Council; that said Council has approved said subdivision map, and that said public streets are accepted on behalf of the public as therefore stated and that the Irrevocable Offer of Dedication of the fee interest of said lots be acknowledged and that those certain Assignable and irrevocable General utility and Access Easements, and 30' Access Easement, pedestrian access easement, sewer and drainage easement, sight visibility easement, and the 20' landscape buffer easement, as 2 /1/9'-2 granted thereon and shown on said map within said subdivision are accepted and that the 20' landscape buffer easement and the 10' general utility and access easement granted on Map No. 13592 are terminated, vacated and abandoned, and that the Irrevocable offer of Dedication for Street Right of Way for Gold Run Drive and Santa Flora Road dedicated on Map No. 13592 are terminated on behalf of the City of Chula vista as hereinbefore stated. BE IT FURTHER RESOLVED that the City Clerk be, and is hereby directed to transmit said map to the Clerk of the Board of Supervisors of the County of San Diego. BE IT FURTHER RESOLVED that that certain Subdivision Improvement Agreement dated the day of , 1999, for the completion of improvements in said subdivision, a copy of which is attached hereto and by reference made a part hereof, the same as though fully set forth herein be, and the same is hereby approved. BE IT FURTHER RESOLVED that the Mayor of the City of Chula vista be, and he is hereby authorized and directed to execute said agreement for and on behalf of the City of Chula vista. Presented by Approved as to form by ,~n¡yl ~~ John P. Lippitt, Director of Jo>hn. aheny, City 01.. Public Works Attorney H:\home\attorney\reso\orph2un7.fm 3 )f/J J Recording Requested by: CITY CLERK When Recorded, Mail to: CITY OF CHULA VISTA 276 Fourth Avenue Chula Vista, Ca. 91910 No transfer tax is due as this is a conveyance to a public agency of less than a fee interest for which no cash consideration has been paid or received. Declarant SUBDIVISION IMPROVEMENT AGREEMENT +1') ~ THIS AGREEMENT, made and entered into this~day of ---- OVanL,')d' , 199~, by and between THE CITY 0 CHULA VISTA, a municipal corporation, hereinafter called "City", and McMILLIN OTAY RANCH LLC, 2727 Hoover Avenue, National City, CA 91950, hereinafter called "Subdivider" with reference to the facts set forth below, which Recitals constitute a part of this Agreement; RECITALS: WHEREAS, Subdivider is about to present to the City Council of the City of Chula Vista for approval and recordation, a final subdivision map of a proposed subdivision, to be known as McMillin Otay Ranch SPA 1, Phase 2, Unit 7 pursuant to the provisions of the Subdivision Map Act of the State of California, and in compliance with the provisions of Title 18 of the Chula Vista Municipal Code relating to the filing, approval and recordation of subdivision map; and WHEREAS, the Code provides that before said map is finally approved by the Council of the City of Chula Vista, Subdivider must have either installed and completed all of the public improvements and/or land development work required by the Code to be installed in subdivisions before final maps of subdivisions are approved by the Council for purpose of recording in the Office of the County Recorder of San Diego County, or, as an alternative thereto, Subdivider shall enter into an agreement with City, secured by an approved improvement security to insure the performance of said work pursuant to the requirements of Title 18 of the Chula Vista Municipal Code, agreeing to install and complete, free of liens at Subdivider's own expense, all of the public improvements and/or land development work required in said subdivision within a definite period of time prescribed by said Council; and 1 ¡ýd-Y WHEREAS¡ Subdivider is willing in consideration of the approval and recordation of said map by the Council¡ to enter into this agreement wherein it is provided that Subdivider will install and complete¡ at Subdivider¡s own expense¡ all the public improvement work required by City in connection with the proposed subdivision and will deliver to City improvement securities as approved by the City Attorney; and WHEREAS¡ a tentative map of said subdivision has heretofore been approved¡ subject to certain requirements and conditions¡ as contained in Resolution No. 18686¡ approved on the 3rd day of June¡ 1997 ("Tentative Map Resolution"); and WHEREAS¡ complete plans and specifications for the construction¡ installation and completion of said public improve- ment work have been prepared and submitted to the City Engineer¡ as shown on Drawings Nos. 99-667 through 99-679 inclusive¡ on file in the office of the City Engineer; and WHEREAS¡ an estimate of the cost of constructing said public improvements according to said plans and specifications has been submitted and approved by the City in the amount of One Million six Hundred Forty-Four Thousand Six Hundred Two Dollars and No Cents ($1¡ 644¡602. 00). NOW¡ THEREFORE¡ IT IS MUTUALLY UNDERSTOOD AND AGREED AS FOLLOWS: 1. Subdivider¡ for itself and his successors in interest¡ an obligation the burden of which encumbers and runs with the land¡ agrees to comply with all of the terms¡ conditions and requirements of the Tentative Map Resolution; to do and perform or cause to be done and performed¡ at its own expense¡ without cost to city¡ in a good and workmanlike manner¡ under the direction and to the satisfaction and approval of the City Engineer¡ all of the public improvement and/or land development work required to be done in and adjoining said subdivision¡ including the improvements described in the above Recitals ( "Improvement Work"); and will furnish the necessary materials therefor¡ all in strict conformity and in accordance with the plans and specifications¡ which documents have heretofore been filed in the Office of the City Engineer and as described in the above Recitals this reference are incorporated herein and made a part hereof. 2. It is expressly understood and agreed that all monuments have been or will be installed within thirty (30) days after the completion and acceptance of the Improvement Work¡ and that Subdivider has installed or will install temporary street name signs if permanent street name signs have not been installed. 3. It is expressly understood and agreed that Subdivider will cause all necessary materials to be furnished and all Improvement 2 I(A - 5' Work required under the provisions of this contract to be done on or before the second anniversary date of Council approval of the Subdivision Improvement Agreement. 4. It is understood and agreed that Subdivider will perform said Improvement Work as set forth hereinabove, or that portion of said Improvement Work serving any buildings or structures ready for occupancy in said subdivision, prior to the issuance of any certificate of clearance for utility connections for said buildings or structures in said subdivision, and such certificate shall not be issued until the City Engineer has certified in writing the completion of said public improvements or the portion thereof serving said building or structures approved by the City; provided, however, that the improvement security shall not be required to cover the provisions of this paragraph. 5. It is expressly understood and agreed to by Subdivider that, in the performance of said Improvement Work, Subdivider will conform to and abide by all of the provisions of the ordinances of the City of Chula Vista, and the laws of the State of California applicable to said work. 6. Subdivider further agrees to furnish and deliver to the City of Chula Vista, simultaneously with the execution of this agreement, an approved improvement security from a sufficient surety, whose sufficiency has been approved by the City in the sum of Eight Hundred Twenty-Two Thousand Three Hundred One Dollars and No Cents ($822,301.00) which security shall guarantee the faithful performance of this contract by Subdivider and is attached hereto, marked Exhibit "A" and made a part hereof. 7. Subdivider further agrees to furnish and deliver to the City of Chula Vista simultaneously with the execution of this agreement, an approved improvement security from a sufficient surety, whose sufficiency has been approved by the City in the sum of Eight Hundred Twenty-Two Thousand Three Hundred One Dollars and No Cents ($822,301.00) to secure the payment of material and labor in connection with the installation of said public improvements, which security is attached hereto, marked Exhibit "B" and made a part hereof and the bond amounts as contained in Exhibit "B", and made a part hereof. 8. Subdivider further agrees to furnish and deliver to the City of Chula Vista, simultaneously with the execution of this agreement, an approved improvement security from a sufficient surety, whose sufficiency has been approved by the City in the sum of Twenty-Five Thousand Dollars and No Cents ($25,000.00) to secure the installation of monuments, which security is attached hereto, marked Exhibit "C" and made a part hereof. 9. It is further agreed that if the Improvement Work is not completed within the time agreed herein, the sums provided by said 3 /1//1 -,¿} improvement securities may be used by City for the completion of the Improvement Work within said subdivision in accordance with such specifications herein contained or referred, or at the option of the City, as are approved by the City Council at the time of engaging the work to be performed. Upon certification of completion by the City Engineer and acceptance of said work by City, and after certification by the Director of Finance that all costs hereof are fully paid, the whole amount, or any part thereof not required for payment thereof, may be released to Subdivider or its successors in interest, pursuant to the terms of the improvement security. Subdivider agrees to pay to the City any difference between the total costs incurred to perform the work, including design and administration of construction (including a reasonable allocation of overhead), and any proceeds from the improvement security. 10. It is also expressly agreed and understood by the parties hereto that in no case will the City of Chula Vista, or any department, board or officer thereof, be liable for any portion of the costs and expenses of the work aforesaid, nor shall any officer, his sureties or bondsmen, be liable for the payment of any sum or sums for said work or any materials furnished therefor, except to the limits established by the approved improvement security in accordance with the requirements of the State Subdivision Map Act and the provisions of Title 18 of the Chula Vista Municipal Code. 11. It is further understood and agreed by Subdivider that any engineering costs ( inc I uding plan checking, inspection, materials furnished and other incidental expenses) incurred by City in connection with the approval of the Improvement Work plans and installation of Improvement Work hereinabove provided for, and the cost of street signs and street trees as required by City and approved by the City Engineer shall be paid by Subdivider, and that Subdivider shall deposit, prior to recordation of the Final Map, with City a sum of money sufficient to cover said cost. 12. It is understood and agreed that until such time as all Improvement Work is fully completed and accepted by City, Subdivider will be responsible for the care, maintenance of, and any damage to, the streets, alleys, easements, water and sewer lines within the proposed subdivision. It is further understood and agreed that Subdivider shall guarantee all public improvements for a period of one year from date of final acceptance and correct any and all defects or deficiencies arising during said period as a result of the acts or omission of Subdivider, its agents or employees in the performance of this agreement, and that upon acceptance of the work by City, Subdivider shall grant to City, by appropriate conveyance, the public improvements constructed pursuant to this agreement; provided, however, that said acceptance shall not constitute a waiver of defects by City as set forth hereinabove. 4 J(ft-? 13. It is understood and agreed that City, as indemnitee, or any officer or employee thereof, shall not be liable for any injury to person or property occasioned by reason of the acts or omissions of Subdivider, its agents or employees, or indemnitee, related to this agreement. Subdivider further agrees to protect and hold the City, its officers and employees, harmless from any and all claims, demands, causes of action, liability or loss of any sort, because of or arising out of acts or omissions of Subdivider, its agents or employees, or indemnitee, related to this agreement; provided, however, that the approved improvement security shall not be required to cover the provisions of this paragraph. Such indemnification and agreement to hold harmless shall extend to damages to adjacent or downstream properties or the taking of property from owners of such adjacent or downstream properties as a result of the construction of said subdivision and the public improvements as provided herein. It shall also extend to damages resulting from diversion of waters, change in the volume of flow, modification of the velocity of the water, erosion or siltation, or the modification of the point of discharge as the result of the construction and maintenance of drainage systems. The approval of plans providing for any or all of these conditions shall not constitute the assumption by City of any responsibility for such damage or taking, nor shall City, by said approval, be an insurer or surety for the construction of the subdivision pursuant to said approved improvement plans. The provisions of this paragraph shall become effective upon the execution of this agreement and shall remain in full force and effect for ten (10) years following the acceptance by the City of the improvements. 14. Subdivider agrees to defend, indemnify, and hold harmless the City or its agents, officers, and employees from any claim, action, or proceeding against the City or its agents, officers, or employees to attack, set aside, void, or annul, an approval of the City, advisory agency, appeal board, or legislative body concerning a subdivision, which action is brought within the time period provided for in Section 66499.37 of the Government Code of the State of California. 15. Assignability. Upon request of the Subdivider, any or all on-site duties and obligations set forth herein may be assigned to Subdivider's successor in interest if the City Manager in his/her sole discretion determines that such an assignment will not adversely affect the City's interest. The City Manager in his/her sole discretion may, if such assignment is requested, permit a substitution of securities by the successor in interest in place and stead of the original securities described herein so long as such substituted securities meet the criteria for security as set forth elsewhere in this Agreement. Such assignment will be in a form approved by the City Attorney. (NEXT PAGE IS SIGNATURE PAGE) 5 J'-U-r SIGNATURE PAGE TO SUBDIVISION IMPROVEMENT AGREEMENT McMILLIN OTAY RANCH SPA 1, PHASE 2, UNIT 7 IN WITNESS WHEREOF, the parties hereto have caused this agreement to be executed the day and year first hereinabove set forth. THE CITY OF CHULA VISTA McMillin Otay Ranch LLC, a Delaware limited liability company By: McMillin Companies, LLC a Delaware limited liability company Its: Managing Member BY:. Mayor of the City of Chula Vista ATTEST Titi., ~ City Clerk By:~t - Approved as to form by Title: \It City Attorney (Attach Notary Acknowledgement) J~4 ~( RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING SUPPLEMENTAL SUBDIVISION IMPROVEMENT AGREEMENT FOR TRACT 97-02, McMILLIN OTAY RANCH SPA ONE, PHASE 2, UNIT 7, AND AUTHORIZING THE MAYOR TO EXECUTE SAME WHEREAS, the developer for McMillin Otay Ranch SPA One, Phase 2, unit 7 has executed a Supplemental Subdivision Improvement Agreement (SSIA) to satisfy Condition Nos. 1, 3, 4, 5, 6, 7, 22 (b) , 25, 29, 40, 41, 76 (c), 80, 86, 96 (a), 96 (b), 96 (c), 96 (d), 96 (e) , 96 (g), 97, 103, 107, 114, 115, 116, 117, 118, 119, 122, 123, and 125 of Resolution 18686; and WHEREAS, staff has reviewed said Agreement and determined that it satisfies all the applicable tentative map conditions for final map approval and recommends Council approval. NOW, THEREFORE, BE IT RESOLVED the City Council of the City of Chula vista does hereby approve the Supplemental Subdivision Improvement Agreement for Tract 97-02 McMillin Otay Ranch SPA One, Phase 2, Unit 7, a copy of which is on file with the office of the City Clerk. BE IT FURTHER RESOLVED that the Mayor of the City of Chula vista is hereby authorized and directed to execute said Agreement for and on behalf of the City of Chula vista. Presented by Approved as to form by /.., U:~1<~~ John P. Lippitt, Director of Joh.! . Kaheny, Ci:¿¡- Public Works Attorney H,\home\attorney\reso\ORPH2Un7.fm /'/8 ~/ RECORDING REQUEST BY: ) ) City Clerk ) ) WHEN RECORDED MAIL TO: ) ) CITY OF CHULA VISTA ) 276 Fourth Avenue ) Chula Vista, CA 91910 ) ) No transfer tax is due as this is ) conveyance to a public agency of ) less than a fee interest for which ) no cash consideration has been paid ) or received. ) ) ) ) Developer ) ) Above Space for Recorder's Use McMILLIN OTAY RANCH SPA ONE VILLAGE ONE SUPPLEMENTAL SUBDIVISION IMPROVEMENT AGREEMENT SPA ONE PHASE TWO UNIT 7 (R-12E) (Conditions I, 3, 4, 5, 6, 7, 22 (b), 25, 29, 40, 41, 76 (c), 80, 86, 96 (a), 96 (b), 96 (c) , 96 (d), 96(e), 96 (g) 97, 103, 107, 114, 115, 116, 117, 118, 119, 122, 123, and 125) This Supplemental Subdivision Improvement Agreement ( "Agreement") is made this - day of , 1998, by and between THE CITY OF CHULA VISTA, California (" Ci ty" or "Grantee") and McMillin Otay Ranch LLC, a Delaware limited liability Company, ("Developer" or "Grantor"), with reference to the facts set forth below, which recitals constitute a part of this Agreement: RECITALS A. This Agreement concerns and affects certain real property located in Chula Vista, California, more particularly described on Exhibit "A" attached hereto and incorporated herein (" referred to herein as "Property"). B. The City has approved, by Resolution No. 18686, a Tentative Subdivision Map commonly referred to as Chula Vista Tract 97-02 ("Tentative Subdivision Map") for the subdivision of the \ \CITYWIDE\S YS\SHARED\A TTORNEY\O R220FSSIA.doc llIIO/99 1 /Ljð-~ McMillin Otay Ranch Property, subject to certain conditions as more particularly described in the Resolution No. 18686. On April 28, 1998, by Resolution No. 18979, Council approved a modification to Condition #86 and added further conditions to the Tentative Subdivision Map. Both Resolutions hereinafter collectively referred to as "Resolution". The Conditions are attached hereto as Schedule 1. c. Developer has requested a final "B" map for a portion of the Property, and for what is commonly known as Spa One, Phase Two, Unit 7 of McMillin Otay Ranch. For purposes of this Agreement the term "Project" shall also mean "Property." D. City is willing, on the premises, security, terms and conditions herein contained to approve the final "B" map for which Developer has applied ("Final Map" or "Final 'B' Map") as being in substantial conformance with the Tentative Subdivision Map conditions, as described above. E. The following defined terms shall have the meaning set forth herein, unless otherwise specifically indicated: 1. "commencing construction" means when a construction permit or other such approval has been obtained from the City or a construction contract has been awarded for the improvement, whichever occurs first. 2. "complete construction" means when construction on an improvement has been completed and the City has accepted the improvement. 3. "guest builder" means those entities obtaining any interest in the Property or a portion of the Property, after this Final Map has been recorded. 4. "Owner" or "Developer" means the person, persons, or entity having a legal or equitable interest in the Property, or parts thereof, and includes Developer's successors-in-interest and asslgns. 5. "PFFP" means the SPA I Public Facilities Financing Plan adopted by Resolution No. 18286, amended on October 6, 1998 by Resolution No. 19201 and on April 20,1999 by Resolution No. 19408 and as may be amended from time to time. 6. "RMP Phase 2" means the Otay Ranch Resource Management Plan Phase 2, approved by the City Council on June 4, 1996, as may be amended from time to time. \ \CITYWIDE\SYS\SHARED\A TTORNEY\0R220FSSIA. doc I 1/10/99 2 ) L)ß -3 NOW, THEREFORE, in exchange for the mutual covenants, terms and conditions herein contained, the parties agree as set forth below. 1. Agreement Applicable to Subsequent Owners. a. Agreement Binding Upon Successors. This Agreement shall be binding upon and inure to the benefit of the successors, assigns and interests of the parties as to any or all of the Property, as described on Exhibit "A", until released by the mutual consent of the parties. b. Agreement Runs with the Land. The burden of the covenants contained in this Agreement ("Burden") benefit and burden the Property, its successors and assigns and any successor in interest thereto as well as benefit the City. City is deemed the beneficiary of such covenants for and in its own right and for the purposes of protecting the interest of the community and other parties public or private, in whose favor and for whose benefit of such covenants running with the land have been provided without regard to whether City has been, remained or are owners of any particular land or interest therein. If such covenants are breached, the City shall have the right to exercise all rights and remedies and to maintain any actions or suits at law or in equity or other proper proceedings to enforce the curing of such breach to which it or any other beneficiaries of this Agreement and the covenants may be entitled. c. Developer Release on Guest Builder Assignments. If Developer assigns any portion of the Property or Project to a guest builder, Developer may request to be released from Developer's obligations under this Agreement, that are expressly assumed by the guest builder, provided Developer obtains the prior written consent of the City to such release. Such assignment to the guest builder shall, however, be subject to this Agreement and the Burden of this Agreement shall remain a covenant running with the land. The City shall not withhold its consent to any such request for a release so long as the assignee acknowledges that the Burden of the Agreement runs with the assignee's land, assumes the obligations of the Developer under this Agreement, and demonstrates, to the satisfaction of the City, its ability to perform its obligations under this Agreement. d. Partial Release of Developer's Assignees. If Developer assigns any portion of the Property or the Project subject to the Burden of this Agreement, upon request by the Developer or its assignee, the City shall release the assignee of the Burden of this Agreement as to such assigned portion if the \ \CITYWID E\SYS\SHARED\A TTORNEY\0R220FSSIA.doc 11110/99 3 )tj!3 '/¿! requirements of this Agreement has been met to the satisfaction of the City and the City determines, in its sole discretion, that and such partial release, will not jeopardize the satisfactory performance of the remainder of the Burden. e. Release of Individual Lots. Upon conveyance of a residential lot to a buyer of an individual housing unit, Developer may have the right to obtain a release for such lot from the Developer's obligations under this Agreement, provided Developer obtains the prior written consent of the City to such release. The City shall not withhold its consent to such release so long as the City finds that the Developer is in compliance with the terms of this Agreement and that such partial release will not jeopardize the City's assurance that the obligations set forth in this Agreement will be performed. 2. Condition No. 1 - (General Preliminary). In satisfaction of Condition 1 of the Resolution, Developer hereby agrees to comply with the requirements and guidelines of the Parks, Recreation, Open Space and Trails Plan, PFFP, McMillin's Affordable Housing Agreement, and the Non-Renewable Energy Conservation Plan, as may be amended from time to time, and shall remain in compliance with and implement the terms, conditions and provisions of said documents. 3. Condition No. 3 - (General Preliminary). In satisfaction of Condition No. 3 of the Resolution, Developer agrees that if any of the terms, covenants or conditions contained within the Resolution shall fail to occur or if they are, by their terms, to be implemented and maintained over time, if any of such conditions fail to be so implemented and maintained according to their terms, the City shall have the right to deny the issuance of building permits for the Property, deny, or further condition the subsequent approvals that are derived from the approvals herein granted, institute and prosecute litigation to compel their compliance with said conditions or seek damages for their violation. The Developer shall be notified ten (10) days in advance prior to any of the above actions being taken by the City and shall be given the opportunity to remedy any deficiencies identified by the City within a reasonable period of time. 4. Condition No. 4 - (General Preliminary). In satisfaction of Condition 4 of the Resolution, Developer hereby agrees, that Developer shall comply with all applicable SPA conditions of approval. 5. Condition No. 5 - (General Preliminary). In satisfaction of Condition 5 of the Resolution, Developer hereby agrees that any and all agreements that the applicant is required to enter in \ \CITYWID E\SYS\SHARED\A ITO RNEY\0R220FSS IA. doc 11/10/99 4 / Ie ~=-5 hereunder, shall be in a form approved by the City Attorney. 6. Condition No. 6 - (Environmental). In satisfaction of Condition No. 6 of the Resolution, the Developer hereby agrees to implement all applicable mitigation measures identified in EIR 97- 03, the CEQA Findings of Fact for the Property and the Mitigation Monitoring and Reporting Program. 7. Condition No. 7 - (Environmental). In satisfaction of Condition No. 7 Developer agrees as follows: a. The Developer provided the City with an Irrevocable Offer of Dedication of Fee Interest ("IOD") , which includes 25.296 acres of real property in accordance with the RMP 2, which satisfies the acreage conveyance obligation of the Final Map at a rate of 1.188 acres of conveyance per acre of development area within the Final Map, as of the date of this Agreement which obligation may be subject to change in accordance with paragraph 7c. A summary of the conveyance and a copy of the Irrevocable Grants of Fee Title are attached as Exhibit "B" of this agreement. b. That Developer shall convey additional real property if necessary in order to comply with the conveyance formula described in RMP Phase 2, as may be amended by City. Developer acknowledges that the amended RMP Phase 2 may contain a conveyance formula greater than 1.188 acres per developable acre. c. That all land to be ,conveyed as described above shall be free and clear of liens and encumbrances except for easements for existing public infrastructure and other easements approved by the City or for planned public infrastructure as permitted in the RMP Phase 2. Developer further agrees to pay all taxes and assessments as they came due as to the land to be conveyed until title has legally transferred to the City and County of San Diego. d. Developer acknowledges that property within the boundaries of the Final Map which will be the subject of future final maps may have conveyance obligations to fulfill for all development areas including applicable streets, open space lots, paseos, pedestrian parks and slope areas shown on the Final Map. e. Developer shall grant on the IOD to the City and County allowing the right to enter the property, as described in the IOD, at anytime. f. The developer shall annually submit a biological report to the City and County on the status of the habitat in the IOD property with the first report submitted one year from the date of approval of the Final Map by the City Council, until fee title to the property is accepted by the paM. g. The Developer further agrees that any Land to be conveyed by the Developer for the Otay Ranch Preserve shall be \ \CITYWIDE\SYS\S HARED\A TTORNEY\0R220FSSIA.doc 11/10/99 5 / i.!3 ,~ ~~ maintained by the Developer until such time as the City, County and paM accepts the Land. 8. Condition No. 22(b) - (Not Protest Formation of any Future Regional Benefit Assessment District to Finance the Light Rail Transit). In satisfaction of Condition No. 22(b) of the Resolution, Developer hereby agrees not to protest the formation and inclusion of the Property in a regional benefit assessment to finance the construction of the Light Rail Transit. This agreement to not protest the inclusion of these public improvements shall not be deemed a waiver of the right to challenge the amount of any assessment which may be imposed due to addition of these new improvements and shall not interfere with the right of any person to vote in a secret ballot election. 9. Condition No. 25 - (ADA Standards). In satisfaction of Condition No. 25 of the Resolution, the Developer hereby agrees that in the event the Federal Government adopts ADA standards for street rights-of- way which are in conflict with existing standards and approvals of the City, Developer shall be required to comply with the new ADA standards adopted by the Federal Government. Unless otherwise required by federal law, City ADA standards may be considered vested, as determined by Federal Regulations¡ only after construction has commenced. 10. Condition No. 29 (Set backs). In satisfaction of Condition No. 29 of the Resolution, Developer agrees to provide: (1) a minimum setback of 19.5 feet on driveways from the back of sidewalk to garage, (2) a minimum 7 foot parkway (face of curb to property line) around the turnaround area of the cul-de-sac, and (3) sectional roll-up type garage doors at all properties fronting on streets which are proposed for construction in accordance with the detail of the typical cul-de-sac, 150 feet or less or 30 foot radius shown on sheet 1 of the Tentative Subdivision Map, except as provided for In the Planned community District Regulations or approved by the City Engineer and the Planning Director. 11. Condition No. 40 - (Grading). In satisfaction of Condition No. 40, in conjunction with the lias built II grading plans¡ the Developer hereby agrees to provide a list of proposed lots within the applicable grading plans indicating whether the structures to be constructed on said lots will be located on fill, cut, or at transition between the two situations. 12. Condition No. 41 - (NPDES). In satisfaction of Condition No. 41 of the Resolution, Developer shall comply with all the provisions of the National Pollutant Discharge Elimination System (NPDES) and the Clean Water Program. \ \CITYWIDE\SYS\SHARED\A TTO RNEY\0R220FSSIA.doc 11110/99 6 ) Z;!3 .- ? 13. Condition No. 76(c) - (Master Home OWners Association). In satisfaction of Condition No. 76(c) of the Resolution, the Developer agrees to the following: a. HOA Documentation. On or before 60 days from the date of Council approval of this Agreement, Developer shall submit for City's approval the grant of easements and maintenance agreements in the form shown on Exhibit "C", and other appropriate documentation, describing the maintenance standards and responsibility of the MHOA's for the Open Space Areas within the Property. Developer agrees to include in said grant of easement and maintenance agreement, the obligation of the MHOA to maintain slopes within the right-of-way of East Palomar Street adjacent to Lot "C" of the Final Map. Developer acknowledges that the MHOA's maintenance of the Open Space Areas may expose the City to liability. Developer agrees to establish an MHOA that will hold the City harmless from any negligence of the MHOA in the maintenance of such Open Space Areas. 14. Condition No. 80 - (No Protest of Maintenance District or Assessment District). In satisfaction of Condition No. 80 of the Resolution, the Developer hereby agrees not to protest the formation of or the inclusion in, a maintenance district, including a community facility district or a benefit zone, for the maintenance of landscaped medians and scenic corridors along streets within and adjacent to the subject Property. This agreement to not protest the inclusion of these public improvements shall not be deemed a waiver of the right to challenge the amount of any assessment which may be imposed due to the addition of these new improvements and shall not interfere with the right of any person to vote in a secret ballot election. 15. Condition No. 86 - (Maintenance of Parkways) In satisfaction of Condition No. 86 of the Resolution, the Developer hereby agrees to ensure that all buyers of lots fronting residential streets constructed in accordance with Condition A sign a statement, when purchasing their homes, stipulating that (1) they are aware that individual homeowners will be responsible for the maintenance of the landscaping improvements located between the curb and the sidewalk (excluding City approved trees), and (2) they shall not replace or remove any trees planted between the curb and the sidewalk without approval of the City. These provisions shall be incorporated in the CC&Rs for each lot. 16. Condition No. 96 (a) and 96(b) - (Withhold Building Permits). In satisfaction of Condition Nos. 96(a) and 96(b) of the Resolution, the Developer understands and agrees that the \ \CITYWID E\SYS\SHARED\A TTORNEY\O R220 FSSIA.doc 11/10/99 7 jl;!!5/Y performance of Developer's obligations hereunder is required for the health and safety of the residents of the Property. Therefore, Developer hereby agrees that the City may withhold building permits for any and all buildings within the Property if anyone of the following occur: 1. Regional development threshold limits set by the East Chula Vista Transportation Phasing Plan have been reached, or 2. Traffic volumes, levels of service, public utilities and/or services exceed the adopted City threshold standards in the then effective Growth Management Ordinance, or 3. The Developer does not comply with the terms of the Reserve Fund Program, or 4. If the required public facilities, as identified in the PFFP or as amended or otherwise conditioned have not been completed or constructed to satisfaction of the City. 17. Condition 96(c} - (Hold Harmless). In satisfaction of Condition No. 96(c) of the Resolution, the Developer understands and agrees the Developer shall defend, indemnify and hold harmless the City and its agents, officers and employees, from any claim, action or proceeding against the City or its agents officers or employees to attack set aside void or annul any approval by the City including approval by its Planning Commission, City Council or any approval by its agents, officers, or employees with regard to this subdivision approval. 18. Condi tion No. 96(d} - (Erosion). In satisfaction of Condition No. 96 (d) of the Resolution, Developer shall defend, indemnify, and hold harmless the City, and its agents, officers and employees, from any claim, action, or proceeding against the City, or its agents, officers or employees, related to erosion, siltation or increased flow of drainage resulting from the Property. City agrees to reasonably cooperate with Developer in the defense of any such action, claim or proceeding. 19. Condition No. 96 (e) - (Cable Company). In satisfaction of Condition No. 96(e) of the Resolution, Developer agrees that Cable television companies franchised by the City of Chula Vista may place conduit within the City easements and provide cable television service for lots within the Project, as described in Exhibit "A". Developer agrees to comply with all rules, regulations, ordinances and procedures regulating and affecting the operation of cable television within Chula Vista. Developer further acknowledges and agrees that Developer will not lmpalr or \ \CITYWIDE\SYS\SHARED\A TTO RNEY\0R220FSSIA.doc 11/10/99 8 JL¡I!3~1 interfere in any way with City's use of City's easements as described herein. 20. Condition No. 96(g) - (Insurance Companies). In satisfaction of Condition No. 96 (g), Developers agree to permit all insurance companies equal opportunity to bid for providing a Cooperative Homeowner's Insurance Program (CHIP). 21. Condition No. 97 - (Congestion Management Program). In satisfaction of Condition No. 97 of the Resolution, the Developer hereby agrees to participate, on a fair share basis, in any deficiency plan or financial program adopted by SANDAG to comply with the Congestion Management Program ( CMP). Developer further agrees to not protest formation of any future regional impact fee program or facilities benefit district to finance the construction of facilities as defined by the Otay Ranch Plan documents. This agreement to not protest the inclusion of these public improvements shall not be deemed a waiver of the right to challenge the amount of any fee which may be imposed due to these new improvements and shall not interfere with the right of any person to vote in a secret ballot election. 22. Condition No. 103 - (As-Built Plans) In partial satisfaction of Condition No. 103 of the Resolution, the Developer hereby agrees to submit "as-built" improvement and storm drain plans in DXF file format to the satisfaction of the City Engineer. 23. Condition No. 107 - (Growth Management Ordinance). In satisfaction of Condition No. 107 of the Resolution, the Developer agrees to fund the preparation of an annual report monitoring the development of the community of Otay Ranch. The annual monitoring report will analyze the supply of, and demand for, public facilities and services governed by the threshold standards. An annual review shall commence following the first fiscal year in which residential occupancy occurs and is to be completed during the second quarter of the following fiscal year. The annual report shall adhere to those guidelines noted on page 353, Section D of the GDP/SRP. Developer further agrees to prepare a five year development phasing forecast identifying targeted submittal dates for future discretionary applications (SPAs and tentative maps), projected dates, corresponding public facility needs per the adopted threshold standards, and identifying financing options for necessary facilities. 24. Condition No. 114 - (PFFP). In satisfaction of Condition No. 114 of the Resolution, Developer agrees to adhere to the PFFP and any amendments thereto, including but not limited to the SPA and tentative map improvements installed in accordance with said Plan or as required to meet threshold standards adopted \ \CITYWID E\SYS\SHARED\A TTORNEY\0R220FSSIA.doc II/IO/99 9 J f/] -- /0 by the City. Developer and City acknowledge that the PFFP identifies a facility phasing plan based upon a set of assumptions concerning the location and rate of development within and outside of the project area. Throughout the build-out of SPA One, actual development may differ from the assumptions contained in the PFFP. Developer understands that neither the PFFP nor any other SPA One document grant the Developer an entitlement to develop as assumed in the PFFP, or limit the SPA One's facility improvement requirements to those identified in the PFFP. Developer acknowledges that compliance with the City's threshold standards, based on actual development patterns and updated forecasts in reliance on changing entitlements and market conditions, shall govern SPA One development patterns and the facility improvement requirements to serve said development. In addition, the sequence in which improvements are constructed shall correspond to any future Eastern Chula Vista Transportation Phasing Plan or amendment to the Growth Management Program and Ordinance adopted by the City. Developer understands and agrees that the City Engineer may modify the sequence of improvement construction should conditions change to warrant such a revision. 25. Condition No. 115 - (Code Requirements). In satisfaction of Condition No. 115 of the Resolution, Developer agrees to comply with all applicable sections of the Chula Vista Municipal Code. Developer further agrees that any final map for the Project and all plans for said Project shall be prepared in accordance with the provisions of the Subdivision Map Act and the City of Chula Vista Subdivision Ordinance and Subdivision Manual. 26. Condition No. 116 - (Underground Utilities). In satisfaction of Condition No. 116 of the Resolution, Developer agrees to underground all utilities within the subdivision in accordance with Municipal Code requirements. 27. Condition No. 117 - (Underground Utilities). In satisfaction of Condition No. 117 the Developer agrees to pay the following fees in accordance with the City Code and Council Policy: a. The Transportation and Public Facilities Development Impact Fees b. Signal Participation Fees c. All applicable sewer fees, including but not limited to sewer connection fees d. Interim SR-125 impact fee e. Telegraph Canyon Sewer Basin DIF f. Poggi Canyon Sewer Basin DIF g. Telegraph Canyon Basin Drainage DIF h. Otay Ranch Reserve Fund fee. \ \CITYWID E\SYS\SHARED\A TTO RNEY\0R220FSSIA.doc 11/10/99 10 /f!J ~-// 28 Condition No. 118 - (Code Requirements). In satisfaction of Condition No. 118 of the Resolution, Developer agrees to comply with all relevant Federal, State, and Local regulations, including the Clean Water Act.. The Developer shall be responsible for providing all required testing and documentation to demonstrate said compliance as required by the City Engineer. 29. Condition No. 119 - (Notice of Special Taxes). In satisfaction of Condition No. 119 of the Resolution, the Developer agrees to ensure that prospective purchasers sign a "Notice of Special Taxes and Assessments" pursuant to Municipal Code Section 5.46.020 regarding projected taxes and assessments. 30. Condition No. 122 - (Comply with Chula Vista Landscape Manual). In satisfaction of Condition No. 122 of the Resolution, the Developer agrees to comply with all aspects of the City of Chula Vista Landscape Manual. 31. Condition No. 123 - (Code Requirements). In satisfaction of Condition No. 123 of the Resolution, Developer agrees to comply with Chapter 19.09 of the Chula Vista Municipal Code (Growth Management) as may be amended from time to time by the City. Said chapter includes but is not limited to: threshold standards (19.09.04), public facilities finance plan implementation (19.09.090), and public facilities finance plan amendment procedures (19.09.100). Developer further acknowledges and agrees that the City is presently in the process of amending its Growth Management Ordinance to add a proposed Section 19.09.105, to establish provisions necessary to ensure compliance with adopted threshold standards (particularly traffic) prior to construction of State Route 125. Said provisions will require the demonstration, to the satisfaction of the City Engineer, of sufficient street system capacity to accommodate a proposed development as a prerequisite to final map approval for that development, and the applicant hereby agrees to comply with adopted amendments to the Growth Management Ordinance. 32. Condition No. 125 - (Comply with Otay Ranch SPA regulations) In satisfaction of Condition No. 125 of the Resolution, the Developer agrees that the proposed development shall be consistent with the Otay Ranch SPA One Planned Community District Regulations. 33. Assignability. Upon request of the Developer, any or all on-site duties and obligations set forth herein may be assigned to Developer's successor in interest if the City Manager in his\her sole discretion determines that such an assignment will not adversely affect the City's interest. The City Manager in his\her \ \CITYWIDE\S YS\SHARED\A TTORNEY\O R220 FSSIA. doc 11/10/99 11 /Y!f-/.;¿ sole discretion may, if such assignment is requested, permit a substitution of securities by the successor in interest in place and stead of the original securities meet the criteria for security as set forth elsewhere in this Agreement. Such assignment will be in a form approved by the City Attorney. 34. Satisfaction of Conditions. City agrees that the execution of this Agreement constitutes satisfaction of Developer's obligation with respect to this Final "B" Map of Conditions Nos. 1, 3, 4, 5, 6, 7, 25, 29, 40, 41, 76 (c), 80, 86, 96 (a), 96 (b), 96 (c) , 96 (d), 96 (e), 96(g) 97, 107, 114, 115, 116, 117, 118, 119, 122, 123, and 125 and in partial satisfaction of Condition Nos. 22 (b) , and 103 of the Resolution. Developer further understands and agrees that some of the provisions herein may be required to be performed or accomplished prior to the approval of other final maps for the Property as may be appropriate. 35. Unfulfilled Conditions. Developer hereby agrees, unless otherwise conditioned, that Developer shall comply with all unfulfilled conditions of approval of the Tentative Subdivision Map, established by the Resolution and shall remain in compliance with and implement the terms, conditions and provisions therein. 36. Recording. This Agreement, or an abstract hereof shall be recorded simultaneously with the recordation of the Final Map. 37. Miscellaneous. a. Notices. Unless otherwise provided in this Agreement or by law, any and all notices required or permitted by this Agreement or by law to be served on or delivered to either party shall be in writing and shall be deemed duly served, delivered, and received when personally delivered to the party to. whom it is directed, or in lieu thereof, when three (3) business days have elapsed following deposit in the U.S. mail, certified or registered mail, return receipt requested, first-class postage prepaid, addressed to the address indicated in this Agreement. A party may change such address for the purpose of this paragraph by giving written notice of such change to the other party. CITY OF CHULA VISTA 276 Fourth Avenue Chula Vista, CA. 91910 Attn: Director of Public.Works Developer: McMillin Otay Ranch LLC, 2727 Hoover Avenue \ \CITYWIDE\SYS\SHARED\A TTO RNEY\0R220 FSSIA. doc 11/10/99 12 J~5 -- JJ National City, California, 91950 Attn: Robert Pletcher b. Captions. Captions in this Agreement are inserted for convenience of reference and do not define, describe or limit the scope or intent of this Agreement or any of its terms. c. Entire Agreement. This Agreement contains the entire agreement between the parties regarding the subject matter hereof. Any prior oral or written representations, agreements, understandings, and/or statements shall be of no force and effect. This Agreement is not intended to supersede or amend any other agreement between the parties unless expressly noted. d. Preparation of Agreement. No inference, assumption or presumption shall be drawn from the fact that a party or his attorney prepared and/or drafted this Agreement. It shall be conclusively presumed that both parties participated equally in the preparation and/or drafting this Agreement. e. Recitals; Exhibits. Any recitals set forth above and exhibits attached hereto are incorporated by reference into this Agreement. f. Attorneys' Fees. If either party commences litigation for the judicial interpretation, reformation, enforcement or rescission hereof, the prevailing party will be entitled to a judgment against the other for an amount equal to reasonable attorneys' fees and court costs incurred. The "prevailing party" shall be deemed to be the party who is awarded substantially the relief sought. [Next Page is Signature Page] \ \CITYWID E\SYS\S HARED\A TTORNEY\0R220 FSSIA.doc Il/IO/99 13 It/!! -)2/ [SIGNATURE PAGE OF SUPPLEMENTAL SUBDIVISION IMPROVEMENT AGREEMENT FOR MCMILLIN OTAY RANCH SPA 1 PHASE 2 UNIT 7] IN WITNESS WHEREOF, the parties hereto have caused this agreement to be executed the day and year first herein above set forth. THE CITY OF CHULA VISTA McMillin Otay Ranch LLC, a Delaware limited liability company By: McMillin Companies, LLC, a Delaware limited liability company Its: Ma~r Mayor of the City of Chula Vista By: Title: VI(A'~ ATTEST City Clerk B~.~ Approved as to form by Title:~ City Attorney (Attach Notary Acknowledgment) \ \CITYWIDE\SYS\SHARED\A TTORNEY\O R220FSSIA.doc 11/10/99 14 / ~/f .- iJ'--- EXHIBIT LIST Exhibi t "A" Legal description of Final Map area Exhibi t "B" IOD for RMP Phase 2 Exhibi t "e" Sample of Easement Agreement / V(J -/~ EXHIBIT A J-13126-L MCMILLIN OTAY RANCH SPA 1 PHASE 2, UNIT NO.7 (R-12E) All that portion of Parcel 2, Certificate of Compliance Doc. 1997-0443746 Recorded September 12, 1997, and Lot R, Lot 17 and Lot 18 as shown on Chula Vista Tract No. 96-04, Dtay Ranch Village I . A" Map No.1 according to Map No. 13592 also Gold - Run Dñve and Santa Rora Road as offered for Dedication on said Map No. 13592, all in the City of Chula Vista, on file in the office of County Recorder, of San Diego County, State of California described as follows: Beginning at the Southwesterly corner of Chula Vista Tract No.9.7-02, McMillin Dtay Ranch Spa 1 Phase 1 Map No~ 1.3605 on file in the office of said County Recorder being the beginning of a non-tangent 522,50 foot radius ~urve concave Southerly to which a radial line bears North 23° 46'50" West; thence, Easterly along the arc of said curve and the Southwesterly line of said Map No. 13605, through a central angle of 34° 29'41" a distance of 314.57 feet; thence, South 79° 17'09"'East 345.80 feet; thence, South 34° 17'09" East 7.07 feet; thence leaving said Southwesterly line South 1 0° 42'51" West 90.36 feet to the beginning of a tangent 2083.00 foot radius curve concave Easterly; thence Southerly along the arc of said curve through a centr@' angle of 8°09'16" a distance of 296.45 feet to the beginning of a non-tangent 2083.00 foot radius curve concave Easterly to which a radial line bears North 88° 26' 34" West; thence Southerly along the arc of said curve through a central angle of 6° 17'51" a distance of 228.95 feet to the beginning of a non-tangent 2079.00 foot radius curve concave Easterly to which a radial line bears South 86°15'26" West; thence Southerly along the arc of said curve through a central angle of 6°02'07" a distance of 218.99 feet; thence South 80°13'19" West 3.00 feet to the. beginning of a non-tangent 2082.00 foot radius curve concave Northeasterly, to which a radial line bears South 80°13'19" West; thence Southeasterly along the arc of said curve through a central angle of 7°14'43" a distance of 263.28 feet; thence South 17°01' 23" East 304.37 feet; thence South 72° 58'36" West 62.22 feet; thence North 64° 37'40" West 63.47 feet; thence North 78° 03'18" West 62.85 feet; thence North 66°40'35" West 44.66 feet; thence North 66°11'24" West 59.73 feet; thence North 70°26'43" West 58.50 feet; thence North 75°1"05" West 25.83 feet; thence North 68°25'41" West 33.43 feet; thence North 84°23'57" West 115.64 feet; thence North 85°09'34" West 5"6.40 feet; thence North 88°35'04" West 51.00 feet; thence .. South 85 °01'12" West 32.32 feet; to a point on the Northeasterly line at said Lot 18; thence North 88°35'04" West along said line 479.26 feet to a point on' the Southeasterly Right-of-way line of East Palomar Street as shown on said Map No. 13592; thence along said Right-at-way line North 01 °24'56" East 818.03 teet to the beginning of a tangent 529.50 foot radius Curve concave Southeasterly; thence 1 of2 .- /13 - /7 .." . . . EXHIBIT A Northeasterly alor.tJ the arc of said curve through a central angle of 34°53'23- a distance of 322.43 feet to the beginning of a compound 477.00 foot radius Curve concave Southeasterly; thence Northeasterly along the arc of said curve through a central angle of 29° 55'368 a distance of 249.15 feet; thence North 66°14'138 East 26.18 feet to the point of beginning Containing 28.570 acres more or Jess ~ .NL¿ß~ Robert G.. Schoettmer l.S.4324 13125LO25/nd v ..- . \, 2 of2 .:' Ji!J--/~ . - ^' ~ Exhibit "B" B f - ~ ~ / , ~ /~ - ~r; I~ 0; ~!l { % ~ 0 >- ¡¡:.... >->--< ." -< - II> I ::: ::u.... ¡o>->- . 5 -I ¡r- -::::0 0 ... >- 0; )"""0 I ... ." -I ~ I "': ~ I r- ." 0 .' 0:::... I .... >- I -::\ I I'" LOT 'F" I (pARK) I \ ~ " !!l ..... :s \ :.. r- :z: >- \ ?:. 0 -< ~.... ¡ >-.... :z:-<>- 0 '" \ . >-"" - '" I - >- I 0 0 \ l:r.... I '" I ." \ : >- I - \ .." '" ~ ':' \ '" 0 PI ... \ ... I \ .. .- I.DT ND../I..ETTER AREA AREA FOR PRESERVE CONVEYANCE OBUGA110N (ACRES) OONVEYANCE CACRES! 1.188 ACRFJACRE 1 -104 12.785 12.785 15.189 All str88Is 6.019 6.019 7.151 B D.878 D.878 1.043 C 1.610 1.610 1.913 D 0.563 O. 0 E 6.715 0 0 Totals 28.570 21.292 25.296 RICK ENGINEERING COMPANY CML ENGINEERS. SURVEYORS. PLANNERS McMILLIN DTA Y RANCH SPA I 5620 FRIARS ROAD. SAN DIEGO PHASE 1, UNIT 7 (R-12E) CA. 92110-2596 PHONE. (619) 291-0707 CITY OF CHULA VISTA. CAUFqRNIA PROJECT NlA.IBER. 131260 . C.v.r. 97-D2 / '1..1 .-- /9 DATE. SEPTEMBER 8, 1998 :::;:;=.';.- -- '" .' - ~ . Recording RequCSICC' n.¡' and , PJc£zsc R(!!urn 10: ' I Cny O=rk Ci1)' of Cbula Vista P.O. Box 108i Cnula ViSta. CA 919~: ! This lnsrroment BelL.::P1Ûs City and County ..,Dnly. No Fee Required. -- . ïhis Space for Recorder's Use Only APN: 647-140-01-00 Fil~ No. IRREV OCABLE OFFER OF DEDICATION OF FEE ThìEREST - FOR A YALUiillLE CONSIDERATION. T~C~jpT ofwm:h is h~~by acknowledged, Mc:MII...LI!\ OTÞ_Y RP-_'NCE. LLC, A D"RT A \VA.RE LIMITED LL.t\.BlLL"TY COMPlL'!'\T)', as th~ O'wn~(s) ofth~ Ì1~~iT:- ¿~:;:::rib~ò T~al prop~'. n::T~DY mak~s an l.TJ'~vo:abl~ Off~ ofD~ãicarion offe~ ll:œ=r~st TO THE CITY OF CllJLA 'VISTA, A MI1?\TJCIl)A.L CORPORATION. lliìd TEE COUJ\TY OF Si\..N" DIEGO. as I~r;ams m commOIL !Ì1~ h:=r~iTIafr.~ ¿~ScriD~à T~al 'PTOP~ for 1:Ì1~ Îol1ov.wg public purpos~: " 1><"" OPEN SPAŒ }J~D OTHER P1JBLJC PlJ"'RPOSES. Tn~ real pro~ rd::ræd TO above is sitUat~d in the City of Cnu1a Vista, Coillny of San Diego, Stal~ 0:;- California., and is mor~ pa:rricuìarly àesCri.Ded as follows: Bcing aponion offn~NorthHaüofSectioD 17, Tov;'IlSÌÙp 18 South, Range 1 East, SaIJ Bernardino Mcriãian, in the County of San Th~go, Stale of Ca:lifornia., said portiOD mOT~ pa....-ricu1arly desCri.Ded as follows: Beginning at the Northwest corner of said SectioD 1 ï; thence along the Northerly line oÎ said SecTIon as shown on Record of Survey No. 13657,North 89°46'33" East 159030 Íe"-T; th~:;t: leaving said Norther1yJIDe South 02°04'33" West 266535 feet to a poÌnt on the Somberly line of said North Hili as shown on said Record of Survey; thence along the Southerly and Westerly line ofsaidNorthHaJf, South 88°46'O2~West 1591.67 feet and North 02°O4'33~ East 2693.39 feet to the PoÎDt ofBeginnjng. (Contains 97.74 Acres, more or less) TIris Offer of Dedication is made pursuant to Section 7050 of the Government Code of the State of California and may be accepted at any time by the City Clerk of the City of Chula Vista and the Board of Supervisors of the Cmmty of San Diego. ' This Offer of Dedication of Fee Interest shall be iIrevocable and shall be binding upon the Grantor, its heirs, executors, añmini!o;trators, successors and assigns. In addition to the foregomg, Grantor grants to the City of Chula Vista and The County of San Diego a license for their respective employees and agents to enter l-tpon the 1 /~IJ --020 IOD310!í2199 . T::a] prop:T!)' à::scnõ~d abov~ fm' th:: pu..--pose of insp-..:::rin£ and mvc::srigaring saIn:. An p::rsom ~m~n;: UpOTi 5ucb r-..aJ prop::!'!)' shaJJ åo 50 at their own risk and Grantor shaIJ havc::no liability Chn:sponsiòiìiry 107' any In.1:.!::' or damage to any person or prope:rty arising :in eonnc::crion v.ith sue}) ClI!}' upon the:: rc::a1 prop::ny. Sign::d ùùs "S d day of '.J::w~~ 1999 Grant 0-. 5 i gna ture 5: M cMll..LL ~ 0 T A Y R.. 4.. ~ CR. LL C, A Ddavvare LÍmÎred Liability Company - By: - By: Irs: ".~ (Notary Acknowl::dgment R::qu:ir::d Îor F~:-Ì1 SignaTOry) 7ñ.is is lO certify 1hat the imerest in real property offered herein to the Ciry of Chula J.-Ïsllz, a govemmenzril ag!?TZcy. is hereby acknowledged by the undersigned, Cizy Clerk. on behalf of the Chula Villa Ciry Cowzc'fr - pursuanJ IO authoriry coiferred by Resolurion No. J 5645 of the Chulc. Visw City Council ad°lJ!ed on June 5. 1990, and the grantee(s) consent(s) to the recordation thereofby iIs duly authorized officer. SUS.4..1\ BIGELOW CITY èLERK FOR THE CITY OF CHUL.4. VISTA By: Dat=: I certijÿ on behalf of the.Boardof Supervžsors of the Coumy of San Diego pursuani to aulhoriry conférred by Resoluiion if said Board adopted on January 7, 1992, thaI the Cozmry of San Diego consentS 1.0 1.he making of the foregoing Irrevocable Offer and consents to recordation thereof of its duly authorized officer. THE COUNTY OF SAN DIEGO By:. .~) § . Dat::: fIJ~/q1 Its: ;:"" ~ ~"'. Š-t.t~D"- ~I {?:;hk $è,wc-o f)lvIJllJ/] fkfJ~~ I- ~ ~ Sè ÝlÃC&4 99-oZ45-A )L)!)/,2) .- 2 IOD310112/29 -. r; \ . , \., . STA.E OF I (\ \\---'((":)lì\C\ ) ------ ) s~. COUKTY OF ~(~\ \ V\{l., l- ) '.J On N ~y{'" - k'~ '-./ ( ) J' \ t.::>, 1999. b60T~ m~~ !h~ unà::rsign::d Notary Public, p=sonaliy z.pD~::7"~': (t ~V(-1" U. ~ V'l/i k...L { \ / ?r n¡ VI 13? t". n ; ~ ç . ('Þ~--f1 J Ý :..-..s-- . ~ /. - _X p~onaIJy kno"WIl to me - or ::1- p:-en ::-2 lù 1.u- or. ::.':: b"-"~,, u;"ausfacLUJ) t:V.iÙWlJ"'~ YO be the p=oJ(. )}mos< ~ subscribed 10 1h"'ñ~0It, and acknow ¡edged to me ~I ~Ifu~y ex:::~d.th~ ~ m . erlth::ir authorized c:apa' (j:::s. d 1J:ta! by ~Ith=ir signa!UI',~ '"'" instrument tho J>=o§); OT the onti1y upon On wirich thq,=m@.icred, """"ured 1ho IDstrumont. WITNEss my band aud officiabl (\\ {\ Œ (\i r ., - - ~.'" Z - - U t (1UJ11~1 f\ ; . =. L IOND \ L ....J "- 'S \. . . ""',.........# 121""'" . - I -', .. - - I ~ N:Jiory PLèi:: - Q&. . ;... ¥ I""". Z San Diegr:) C:udr - - j --- - 4 ]JIyc:crrm.Esp:IisAø'16.2m f ------------ STATE OF ) ) 55. COUN'TY OF ) On , 1999, bdore me, ilie undersigned Notary Public, p:=rsoTIally a;rpe2:e: :J personaI1y knO"WIl to m~ or :J proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscnòed to the within IDstrument, and acknowledged to me !Ì'..at he/she/they executed the same in hislher/their authorized capacity(ies), and that by hislher/theÍr signature(s) on the ~ent the person(s), or the entity upon behalf ofwmch the person(s) acted, executed the instrument. WITNESS my hand and official seaL (5 EAL) .... ) ;/3'» ::> IOD310/í2'99 . : ~ - STATE OF ) ) 55. COUJ\"TY OF ) On , 1999. bdor:: m=:. ~ und=rsign::d Notary .Public.. ~onal1: ~:;~:::.::-~: D p~~yknowntom~ - - or D provt:d to me on th~ basis of satisfactory evidence 10 be the ~on(s) wl1osename(s) is/are.sLÙ>scnòed to the wÏthÏn :i.nstrumcnt,:and acknowledged 10 me tha1 :he! snclthey executed me same -in .hisfherltbcirauthorizcd capaci1y(ics), and 1:hatby lrisIheritheir signarure( s) or: the ~ent the J>~on( s), or the entity upon be11a1f of wlric1J the J>::Œon( s! acted, executed the msrrumem. wITNEss my hand and official seal. ~. Or.- (S EAL) STATE OF ) ) 5S. COUN1Y OF ) On , 1999, before mc, the undersigned Notary Public, personaDy appeæ-cè 0 personally known to me or 0 proved to me on the basis of satisfactory evidence to be the p~on(s) whose name(s) is/are subscribed to the within instrument, and acknowledged to me that helshelthey executed the same in hislher/their authorized capacity(ies), and that by hislher/their signature(s) on . the instruÏnent the p~on(s), or the entity upon behalf ofwbich the person(s) acte~ executed the instrument. WITNESS my hand and official seal. (S EAL) ) rf5 -:J- 5 .'. 4 .. IOD31D/í2!99 Exhibit "C" RECORDING R.=Q~ 1 ~ BY i .':""),,;1) 'WHEN RECORDED RzJ1JR...~ TO: Ci~' Clerk Cny of ChuJa V ~ :ì6 rounh Av::nu: Chula Vista. CA 91910 No lrrmifer tar is - lZS this is Q c:o~ance 10 a puDli= l1gen..:v for Jas rJum Qf~ inrercr jor which no cmh - - =onsidermion has been paid or re::eived. c.-.sOVE: Sf' A.CE FOR. JŒCDItDEIt'S USE) GRA..1\"T OF EASEMENTS AND MAINTENANCE AGREEMENT (DEDICATED EAsEMENTS) Tnis GR..A...~l OF EASElvENTS AND MAINTENANCEAGÌŒEMENT ("Agr=mcnt") is maå: this - ciay of , 199-, by and b:r:w::n "Ùl~ CITY OF C".dULA. VISTA, a municipal ::o~o~tion ("City"). anà McMILLIN OTA Y RA."'JCq liC, ~ Da-lawar-.. iimi~d iiabiiity company ("LLC"). RECITALS ~' .- A. Tnis Agr:::mcnt con:::ms and añc::!S =nain r::al prop=rry locmcd in Chula VÌst2., Ca1iÏo~ mar-.. particularly å:s::rib:d in Exhibit n A" anachcd h=r:m and incorporm:d h:rcin ("Prop-..ny"). Tn: ProP=I1Y is pan of a planncd r:siå=ntiaI d:v::lopment project commonly known z.s "McMillin LOIDz.s Vcrå::s". For purposes of this Agr=m:nt, the I:rm "Proj:cr" shall also mean m:: Propeny". B. LLC is tÌl:: owner oftÌl:: Propcn:y and th:: D:clanmt undcrthaI cerrain Masrer Dcda.-ariOD of Restrictions Far McMillin Lomas Verdes Mzstcr A.ssociarion ñled for record on . 1998 z.s DocumcmNo.l998- . Official Records of San Diego County, Caliiomia (th::"M2sœr Dc::lararionn). LLe has ~"sed the fonnarion of McMillin Lomas Vcrd::s Master Association, a nonproñt mutUal b::ncfu corporarion (the "MHOA") to maintain cc:nain ar::as in the Proj=t. Furthermore, one or more sub-associarions may be fonned ("'SHOA") for a particular proje::t(s) within McMillin Lomas V crdes, the purposes of which would include the m::lm,."","::Ince of c::rtain amenities within the project over wfüch the SHeA has jurisdiCtion. C. Th= Propcny is covered by that certain ñna1 map (the "Final Map") described on Exhibit It A." attached hereto. D. On 1998, in order for LLC to obtain the Final Map and for the City to have ass~ce that the maintenance of the ProjeCt's open space areas and thoroughfare median areas would be provided for, the City and LLC CDI:ered into a Supplemental Subdivision Improvemcnt~ent, by Resolution .' No. -' in which LLC agreed that maintenance of such areas shall be accomplishèd by the cremon of a home owners association and the establishment of a Community Facilities District. Exhibit "Bit attached heretO describes thos= particular easements which were dedicated to the public on the Final Map but which T :\aaœùIiia \øoay\l'rtr;wy~ 9123191 . -1- . - J '-it) ~-~ i;/ :.;: . -' - - - aT-- !(I b= maÏm:aÏD=å. by m= MEOA. Tn= publi::: ::2S:ID=m5 10 b= II1ZÌmaÌn:è ~'1Ï1-- Hom=O'WTI::r :ð.-sso::iari:m aT-- :::olì=--riveJy r=Ï::Ir::d 10 as m= "M:~OA Maint2Ïn::d Publi::: Are2.s". E.. Tn: City åcsires to grant to lie ::as:m~ Íor lanås::ap: maTnt!:nan::: purpos::s upon. ov=r and æ::ross the MaOA Maimained Publi::: Ar-..zs consisting of ¡parkv.rays! mtÌisJ ÏD omenD ~ï~ tb= ob1igarions oflLC as s::t furth m 1b:: Supp~~l SubciMsion lmprov=m::nt .~~ aåopt:d by Rcsoimion No. - F. The City also will allow LLC to cross appropriate ponions of that c::n:ain general uriii1y ~CIJt ("Gcnc:nù UtiIit;y'F.J8~cnt") dcscn"b--d on Exhibit "C" amu::bcd hereto for pmposes of access 10 - slop:s witiñn the Projcctwhic:h will inibaJIy b-.. mainmÎnM by ILC æd evcmuallywuñTmlined by the MHOA NOW.. IHEREFORE, in ccmsidcœtion of the mmuaI covCDBDtS herein contain-..d, the parnes ~ as s.:t forth klow. 1. Gnurtof'F.--.eøa TheCI1y~~"1D LLC.andits~~, .sv~OISand~~~!:,. D w-.::xt: lusiv e ~ If ... and iig1ns-o f- v.. 'BY over and across 11= MH 0 AMaÏDt:iiÏn::d1lic A1:as, for th= pmpos= ?:f m~ŸTmtrnin!?:, .1'I":pK1ñn~ and -r=placing the JandscapÏngimprovcmcœs l~ 1b=n:on. Th= City also.h=r=Dy g..~1'5mll..C andÍ!S~~ SI'~and~l:CÍønl: .anan-cxc1uSive.ac::::ss ~~~4!CrDSS1h:: G::n::raIUtiürv - , - . - :t2s::m=ntfor1be pmpos= of oÒ1:aÏnÌDga=s51D TTJ3mn.m thos: slap:switirin mc.P j up;;n:i::s whj::h will bc::om= pan oÎth= ar--a. TnaTtmtin"d byth= MHOA. ") Maintenance Obii~arions. v' - (a) LLC to lDitiaDy .Maiøtain.l.LC .b~by cov=mmts and ~~ at its 501:: cost and ~ 10 m:41Ttmm, repa1I'1md1:plac:; or c:aus:tD b--- Tl'J31nnt~ repaired an:pla:::::d, me MHOA MaÌTm4in~ Public Ar::as, including all 1an~ improv=ments locared 1:hcrccm, at a lcv=! equal to or betrer 1:han the ¡::vel of TTI"inT~ancc set furth in the Proj:ct's Landscap: and Irrigation Plan ("I .MIri~ Pian"), as approved by1:h: CÏ!:y. Forpurpos:s oÎtbis Agre=m::m. th: ~ "Mainr:nan:::" or "Ma.ÏIItaÏn" shall mean th: maintenance, repair and replacement obligaIions dcscrib---d h~Ïn. (D) Transfer to MaOA.. Uoon LLC's1I'an5Ï--. ofMaintcnance obli£mjons to th: M::-ìOA. . -' LLC (i) the MHOA shall become obligated to P=Iform the obligations so transÎ=rred and (ii) LLC shall be rel~ ÍÌ'om such obligation.. LLC repr--SCntS to the City that LI..C intends to and has th: authority to unilate:ally1IaDsÏcrthe obligarion to maint:ain the MHOA MaÏntaÏned.AIcas to th: MaOA and that such 1ransÍ~ has been provided for in the Master Declaration.. '. (c) Tnmsfer By MHOA. The MHOA shall have the right to 1ransîer Maintenance obligations to a SHOA or to the owner of an apartment project ("Transfereej. Upon the MHOA's transfer of Maintenance obligations to a Transfcre; (i) the Transfcre= shall become ~bligated to perform the obligations so transfcm:d, Cn) MHOA shall retain the right to perform the Maintenance . should the transferee fail to do so and (iiI) the transferee shall be released from the obligations so .' transferred.. ILC represents to the Ci1y that LLC believes it is likely that a SHeA Will b: formed for PlannmgAreaR-46 and thatthcMaintenance obIigationforportions of the Santa q>ra Avenue parlcwa:y adjoining Planning Area "R-46" will be tnmsferred to the SHOA. T: \mcmiIIDi\IItI:y\Pri:wyE -2- 9123191 ) ';/ !! - e2_5 .- . - . .- - (d) . Notice ofTnmsfcr By u.c. At ¡:zsr~' (60) åzys prior to an:. t4mSÍ=-: of, Ma.im=mm:::: obligarion b)' u..C. lJ..C shall ~ noti:::: to m~ Ci1)' ofI.l..C'5 im::m to mmsí::- th:: MaÏIm:nan:::: obligarions and sbal1 pm\'id: ~ City with a copy of 1h~ sign::ò åo...-um:m whi::h :::ñ:::::s such tI'2I1SÍcr. (~) NoDce ofTnmsfer By MHOA.. At l::astsixIy (60) days prier to any mmsÍ=-: oÏ a MaimcDa:n:= obIi~on by MHOA.. MHOA shall give nctÏ:::m ~ City ofMHOA IS Ïnt--n: 1:1 ~--i::; the Maim=oanc= obligations and shall provià::1h= CiIywith a copy af1:h= sign-..d ào::um::n: whi::Ì1 effects su::h 1I'aIlSÍcr. - ~ 3. 11!51InIDc:e.. Section 5.1 (a) of Ú1cMJ!slcr Dcclarm:ion rcquírcs 1hat 1D: MHOA pro::m-- and maintain c::rtain Ïnsm1mc::. That 5:::::tion:reads as foIlows: ( a) - GeaeràlliabiIity .1DsuraDce. -:Th:: Master .A ~ an sbal1 0 imrin 2 ccmpr::hcnSÏve ..gcm:nd~:ànd ~ u.FAÍJ':n~:ñ1sunmce policy insuring 1b=Masœ:r- Asso...;m;cm1md:tiJe{)wu::rs"R~d" tisr1vñ!f 1n~ñ,..,. 0110 UW' =. ~1 ~;Por1!S:: cfthe Mast=r .AssociationlTcp::qy- ~ 1imñs of:suèh insunmc::sba1l Dot b: 1=55 thanS3 Millicncovcring:aII.ciaDns':im" ~~ nuil iqjmy mid ptup;aIy .rlam:Rpe -- . - mising out ora single occmr::nc=. .5u::h insuranC=Wll.:inchuì:: the following æiãitional provisionsprovid::dth~-m:xvaiiaD1e ona~1"C2SDIIable basis: (i) Tne City of Chula Vista shall benam:d 1!San aàåirionaIiy insw--d parry to su=h insurnn::::; " I>- (ñ) Tne policy shall:not com:aÏn a:::ross-suit ~jusÏcn ciause which would abrog;rt~ cov::rzg: should litigation ~e b=rwccn msm--ås; (iii) T1lepoIicyshall cnrmñn1h=fullowings=v:œbility ciause(or hm~m!~= which is substantiaIiy me same): "'T.be COVCI3gC shall app1y s::parateiy !O each insm-...d exc--pt with resp-..ct to the 1imiIs ofliahility. n Tnis Section 5.1 (a.) may not be am=nd:d without me wrÏtt--n COIlS-'"Il! aime CiTY Planning Director or City Attom--y. Unlli such rime 2S the MHOA has obtaÎned such insurance, ILC hereby agre=s 10 prcx:ure and maintain th: insurance as is required ¡,y:1he Section 5.1 (a.), at its sole cost and cxp:ns=. Each Transi=r-- shall also obmÏn such insurance. . 4. IndemJÜtV. u.c he:r"'..by indemniñes 1be City as stated in Section 63 of the Master .D---laraticn which reads as follows: . . Indemni1¿v The Dec1arant and Master Associaricm, respectively shall : indemnify and hold the City harmless ñ-om. any liability, cost or ~e. including reasonably incurred attorneys' fees, which:result fi'om the Declarant's or the Master Association's respective failure to comply with the requirements of the Section above entitled "Continuing Obligation To T:\mcmiJIiø~&s9Z1 -3- 9/Dm ) 1 !J ,-;) ~ .- .- . - - - M,,;~m C::mùD Pubii:: A:rezs". N=Ïrl1= tÍ1: D=da:ant nor the M2sI=- .~"'~on shall hav= any liability unà=- this S==rian i:J)' r=25on or (ï) tb: otb::r pany's Ïailure 10 maintain or (ñ) any T ransÏ~:- 's milure u> mainIaÏIl. It isspcciñcaIly imcnòcd that 1:b: Ci1y sball have tb= right to cnÏor-- this S=ion. This Sc::rion may nOt b: ame:nœd withom th= wrin.cn cons::m: of the City Pbmn1ng Dir=:tor or City iuramey- 5. lDdemDttv IfTnmsieree. Tne ào:::um::m wbcn::Dy 1be MHOA 1I1mSi=rs a MaÌ11t-~::= obligation 10 a SHOA or apœlwent OwDcr sball b= signed by both the MHOA and the TI3IlSÍcre-.. and shalI s::t forth an ~I~ Qo:oUWpticm ofNt$lt~II"":II"nc:e and ot:b=r oññ~ons h=œød::r and shall iøclnnl'" the rollowing - --. iDn~nijicañon provision: Indemnity The fIransferee!s .name]sìmll ÏI1dcmnÌÍjr and hold the City hmm~imm.aIJY liabì1ÏtY, :costor ~~ÌJI~1nññ,g:asonab1y inc:uI=i ,,'. ' '" ' dttw~ 'fc:s;wJ:iièh T:SIiItlrmn lhe'Ilau:o&. ~'s faîlure mcamp 1y 'WÎth 1b= .I~~cftheODñ~nn~~ Iuwsh.a~Tnmsicr-- . mill nothav-..æy'Iiabllity und::rtbis'Jnn,.." 111'Oy DyTC2SCJD ofanotb::rpanis .:fai1ure 1D uuiñJmm It:is .sp-...ciñ~~nHl :thaUbe,~ ~sha]limvc1h: ... " .. rightm cnÏort:: tb.is1nd::mnÏty. Tnis 1D~~ maynorbe ám:nd=ð WithOUt th: 'WIÏttcn cons=nt oÎ me City l'bmnmg DiI-...ctar or City .Attom--y- o. A~meDt AppiiOioie to SUDs~ueut Owuel"'S.. (a) Agreement :Bínåing Upon auy 5ucœssive l"arties.. This .4..gre=m=nt shall re binciingnpon!J..C and any suc=ssiveD--immtIIDå:rtheMesrcr D--1ararion.. T1ris Agr::::m~ sDaTI"' œ binding upon MHO A and any T ransí'::r:::=s 1IpDIl mmsfer ofM ~ M1 == Db iigari ens to the MHO A or TI3I1SÏ=re=. ~eìy. Trñs Agrc=m::nt: shall inure to 1h:h::neÍit of the succ:ssors, assigns and Ïnter-..sts orth: parti:s as to.my or all ofth: ProP=f1Y. (b) A.,øreementRuns With me Laud. The btmì::n of the covenants contained in !his Agre=mcnt ("Burden") is forth~ b=neñt: ofth~ Prop=rty and th~ City, its successors and 2SSigns, and any sucœssor-in-inrer-...st thereto.. Th= Ci1:y is à=m=cI the b::neñcWy of such covenants for anå in its own ñgbt and fur the purposes ofprote::tingth~ ÌIíbest of1h= commtmity and om::rparrie:s, puDij:; or private, in whose favor and for whose benefu such covenants nmning with the land have reen provided, without regard to whetl1::r the City bas bc::n, remained or are owners of any particular land or Úíkö1s;;St tb::rein.. If such covenants are breached, the CIty shall have the ñght to exercise all rights and rcmedi=s and 10 maÌ1thlm any actions or suits at Jaw or in equity or other proper proceedings to enforce the curiÌ1g of such breach to which it or any other beneiiciarics of this Agreement and the covenants may be entitled. 7. Govemincr Law. This Agreement shall b= governed and construed in ac::oråaIÍce with the: laws of the State of Califomi2.. . : . 8. Effective Date. The terms and conåÏtions of this .Agreement shall be eñ~e as of the date , this Agræment is recorded in the Official Records of the San Diego County Recorder's Office. T : \maniIIiD ~.:..s9D -4- 9!::!3191 / 'i .1 ~--2 ? .." .. .. . . - - 9. Cournerna MS. T nis Agr=m::m ma:y ~ ~n~ in any nmnœ:r oÏ::oIJIII::?3l'!S- =z.::ÌJ of wÌ1Ï::."': shall be original and all oi whieh shall consIÍI1II: em-.. and tÌ1: sam: ào...-um~ 10. ReconfiQ:. The parrics shall ::aus: tms .~::nI 10 b= rer-.orr:icd in 1Í1: Om::ia1 R~orès of tb: San Dj:go Coum;y Recon.i::r's Office within tÌlÌrIy ß 0) days afu:r this Agr=m:m has b=n aD?íCw::d 0)' 'thc City CoUD::iL 11. M" ~IIaDeou~ Provisions. (a) Notices. Un}::ss othcrwis:: provjœ:d in 1h!s Agreement or by law. any and all non:::s ~ TCqDircd or p::mùttcd by 1h1s Agrccmcnt or bylaw to b:.served on or delivered to cither party shall be: in writÏng and shall be d::::::m:::d duly s:::rvcd, ò:ilivc:r:::dand received wh:::n p:rsonally d:::Iiv:::rcd 10 1hc panvtD. whom Ìtis diJe:a::d or, in Ii:::u~"Wiu::n 1brc= ß) busÎDcss óaysJmvc e1aps=d. following deposit in 1bc UniœdStatesmaù,œrtÏficdm .r~~:lJt.lI_d~mmnJ~rcqu:sz::d. iirst-cl2ss posDU? prepaid, JIrlàr::ss=d 10 1bc 1Idfucss :rorii~ m 1iùsAy ~ m~ A:part¿y ~ change such address:fur 1hc ~ of1bis hragrap1iñy-givingwritt::rrl1aticeof su:::hchangc-w -the oth::r pany- FR~i¡::: trmJ~;~ïon.shall :::onsritut:::p::rsomiI d::1ivcI)'. ~ 1fT 0 City: CITY OF ~rlULA VISTA D=panm~ oÏPubiic Wor~gin=ring Division 276 Fourth Avenu:: Chula V ISt2.., CA 91910 ... ...... Atm: City Engin=- liTo LLC: McMillin Otzy Ran=h u,C r>:vclopm:m Engin=~ The McMillin COJTIpani=s 2727 Hoov=r Avenue Narional City, CaIiÏomÏa 91950 Ann: Mr. Rob=rt A. Pletcher (b) CaptioDJ. Captions in this Agre=mCDt are inserted for conveni::nc: of reÏ::x-=nc: and do not ddiue, d::sCrib::: or limit the scope or int=nt of this Agreement or any of its t:rms. Cc) Enûre.AgreemeDt. ThisAgre:meiIt, wgetbcrwith any otherwritt=n document referred to herein, emboày the entire agre=mcnt and understanding between the parties regarding. the subject matter hcreo:t: and any and all prior or cont:::mporaneous oral or written reprcs..""IJtatioDs, a.gre=mem:s. . undcrstanåings and/or statements sball be of no force and effect. This Agreement is not Ïntend=d to . supersede or amend any other agreement between the parties unless expressly noted. - . Cd) Recitals; Exhibits. Ally recitals set forth above and any åttached exhibits are Ïncorporat=d by reference into this Agreement. T:\mcøIiIIiD~ -5- 9123191 /1(5 ~~2" -- .- - . - ( e) . CompliaDc:e With Laws.1D ti1: p::iœma:n:= of i:s obiigarions un.ci=" this Agr=m=:I'- I.LC.. its ag=D!S and ::mployr:=s. sba1l comply with 3D)' and all appli::able i~ sæ: and lo::a.l rules.. regulations... cniinan::=s.. policies. permits and apprcn-als... (f) Authority or SigDatories. Each sig:næory and party h=rctD h::t-_DY 'W~L.'7aIl~ and l...pl ~ 10 lhe Dth=r partY 1bat it h2s legal auIhority and apa--ity and cñrccricm Ïrom its prin::ipal lDcnt::r into 1iiisAgr=mcnt, and that all TCSolmicms andlor DtÌ1::r actions have b=n m=n so 2S to :nable said signaIOIy to cm:r into this Agr::cmem.. (g) Modifi("llfinu.1hisAgrc:=mcntmayDOtbcm~ 1::['mmsm-il or~ri~ in whole -... or in part, ac:pt bywñtt::n 'insumnCDt duly ~ . d;;:ð and acknowledged by 1bc pmi=s h~ th=ir SU~~~OIS or zssigns. Jmd àu1y J"CCOJ1i::d in 1be Official:Records of 1hc San Diego County Rccord:::rs Office. (h) .5evenlbüïfi_If~ covcmmt ort:ODðifion oftisA.grc::mcDt or1he appIicarion íh::muf1u:anyp::rsanor ~H"";"'~.man, 10 mJ}'CÎ=nt; kmvaIid -ar:nrn-.....Ít l.cCablc,:1h= ]'P!II1Rm~ .. of ftiis Agr:=m::Dt,or1be :application of.such n:rm, covcmmtm conditiém 1D J=SOD . or cÏrt:umstmJ.c:, . . shall Dot:b-...añ=:t::d1:h::r::by-and't:8CÌl'1:1m., cov::mmt or amtfuion shall :b-..va1id.and b:: cnÏulr-d to . . 1Ì1= inllest =n=nt~d by law- ' (î) 1Tepanáion of~ent. No iIñ::r::n=. 2-~~OD orpr-..sumprion shall b-.. árawn iTom 1ÌJ::Ïa::r1Ì1aIapany arm attom~ pl..þMCdmldlor àrafu:d1Ì1ÍS Agr=m=nt.1tshall b-.. cancÌusÏv::iy pr:sum=d 1ÌlaI both pan:Í::s parricipat=d equally in 1Ì1"'- -preparn.rion andí or å;:aÏring of this Agr-_'"ID::nt. y' .ìo- IREM/uNDER OF PAGE INTENTIONALLY L3FT BLt..NK] T:~ ~~ . ~ / 'I !f -- 02 c¡ :':' - - - - IN 'WI'I'NESs 'WHEREOF. tit-- parD=s h~ nav: ~,";:~.ri this Ag:r=mcnt to ~ =x:::Ut::Ò th: å%y and y::ar ñm s:::t fonb abDv~- CITY OF CHULA. VISTA. a municipal M::MILLIN aTA Y RANCIL lLc, carporañon ,D-..1awarc Iimit::d liability~' BY: McMILLIN COMPANIES. u..C. - a Delaware limited liability compan,y By: Its: MsmR~g Mcmb=:r - Mayor By Trtl: Attest:: By T1tl: - J3,::v=r1y Auth~l~ Ciry C1=rk " .-. APPROVED AS TO FORM: By: By: . City Attom~ A1IDm~ for McMillin Otay Ranch. LLC . . '. T:\mrmiIIia~ -7- 91:!3/91 J16-Yo '- . . ..- - "Schedule 1"' MCMILLIN Otay Ranch SPA One Tentative Subdivision Map PCS 97-02 CONDITIONS OF APPROVAL Unless otherwise specified or required by law: (a). the conditions and Code requirements set forth below shall be completed prior to the related final map as - determined by the Directors of Planning, Parks and Recreation and/or the City Engineer; (b). unless otherwise specified, "dedicate" means grant the appropriate easement, rather 'than fee title. Where an easement is required the applicant shall be required to provide subordination of any prior lien holders in order to ensure 'that the City has a first priorityimerestin such land unless otherwise. excused by the City. Where fee title is granted or dedicated to the City, said fee title shall be free and clear of all encumbrances, unless otherwise excused by the City. . . . The Developer has requested "A" Maps for the first Final Map on the project. An "A" Map shall be defined as a master subdivision or parcel map, filed in accordance with the Subdivision Map Act and the Chula Vista Municipal Code, which shows "Super Block" lots corresponding to the units and phasing or combination of units and phasing" thereof, and which does not contain individual single or multi-family lots or a- subdivision of the multi-family lots shown on the tentative map. Subsequent to the approval of any" A" Map, the applicant may process the necessary final "B" Maps. A Final "an Map is defined as a final subdivision or parcel map, filed in accordance with the Subdivision Map Act and the Chula Vista Municipal Code, which proposed to subdivide land into individual single or multi-family lots, or contains a subdivision of the multi-family lots shown on the tentative map. The "B": Map shall be in substantial conformance with the related approved final "A" Map. Should conflicting wording or standards occur between these conditions of approval, any conflict shall be resolved by the City Manager or designee. GENERAUPRELIMINARY 1. Prior to each final applicable map, the Developer will comply with all requiremems and guidelines of the Parks, Recreation, Open Space and Trails Plan, Public Facilities Financing Plan, Ranch Wide Affordable Housing Plan, Spa One Affordable Housing Plan, and the Non-Renewable Energy Conservation Plan, unless ~pecifically modified by the appropriate department head, with the approval of the City Manager. These plans may be subject to minor modifications by the appropriate department head, with the approval of the City Manager, however, any material modifications shall be subject to approval by the City Council. 2. All of the terms, covenants and conditions contained herein shall be binding upon and inure to the benefit of the heirs, successors, assigns and representatives of the Developer as to any or all of the Property. for purposes of this document, the term "Developer" shall also mean "Applicant". .- /L/ß~3/ Resolution 1 8686 Page 8 3. If any of the terms, covenants or conditions contained herein shall tail to occur or if they are, by their terms, to be implemented and maintained over time, if any of such conditions fail to be so implemented and maimained according to their terms, the City shall have the right to revoke or modify all approvals herein granted including issuance of building permits, deny, or further condition the subsequent approvals that are derived from the approvals herein granted, institute and prosecute litigation to compel their compliance with said conditions or seek damages for their violation. The - applicant shall be notified 10 days in advance prior to any of the above actions being taken by the City and shall be given the opportunity to remedy any deficiencies identified by the City. 4. The applicant shall comply with all applicable SPA conditions of approval. 5. Any and all agreements that the applicant is required to enter in hereunder, shall be in a form approved by the City Attorney. - ENVIRONMENTAL 6. Prior to approval of each final "B" Map, the applicant shall enter into a supplemental subdivision agreement to implement all applicable mitigation measures identified in EIR 95-01, the CEQA Findings of Fact for this Project and the Mitigation ~ ' - Monitoring and Reporting Program. 7. Prior to the approval of each final UB" Map, the applicant shall comply with all applicable requirements of the Phase 2 Resource Management Plan (RMP) as approved by the City Council on June 4, 1996 and as may be amended from time to time by the City. 8. The Applicant shall comply with any applicable requirements of the California Department of Fish and Game, the U.S. Department of Fish and Wildlife and the U.S. Army Corps of Engineers. The applicant shall apply for and receive a take permit from the appropriate resource agencies or comply with an approved MSCP or other equivalent 10(a) permit or Section 7 consultation applicable to the property. DESIGN 9. The secondary emergency access between Neighborhoods R-1 0 and R-11 shall be surfaced with "grass-crete", "turf-block" or some other comparable material unless otherwise approved by the Planning Director and Fire Chief. Bollards shall be provided at the end of the emergency access. 10. In addition to the requirements outlined in the City of Chula Vista Landscape Manual, privately maintained slopes in excess of 25 feet in height shall be landscaped and irrigated to_soften their appearance as follows: an equivalent of one 5-gallon or larger size tree per each 1 50 square feet of slope area, one 1-gallon or larger size shrub per each 100 square feet of slope area, and appropriate groundcover. Trees and shrubs shall be planted in staggered clusters to soften and vary the slope plane. Landscape and irrigation plans for private slopes shall be reviewed and approved by the Planning Director prior to approval of the appropriate final map. /'ß~ 32 Resolution 1 8686 Page 9 11. A comprehensive wall plan indicating color, materials, height and location shall be submitted for review and approval by the Planning Director prior to approval of each final "B" Map. Materials and color used shall be compatible and all walls located in corner sid~yards or rear yards facing public or private streets or pedestrian connections shall be constructed of a decorative masonry and/or wrought iron material. A revised acoustical analysis indicating if view fencing, such as a combination of ~ masonry and wrought iron, is allowable at the ends of cul-d~sacs backing up to Telegraph Canyon Road, East Orange Avenue and La Media Road, shall be prepared prior to submittal of the wall plan indicated above. If such fencing is allowable per the final acoustical analysis it shall be provided at the end of Applegate Street. View fencing shall be provided at the ends of all other open cul-de-sacs where a sound wall is not required. The exposed portion of any combination free standing/retaining wall as measured from finish grade shall not exceed 8.5 feet. The applicant shall submit a detail and/or cross section of the maximum/minimum conditions for all "combination walls" which include retaining and free standing walls. Said detail shall be included in the grading plans submitted for review and approval by the Director of Planning prior to the approval of the first grading permit. The maximum height of all retaining walls shall be 2.5 feet in height when combined with freestanding walls which are six feet in height. A 2-3 tQ..ot separation shall be provided between free standing and retaining walls where the combined height would otherwise exceed 8.5 feet. 12. Lots bàcking or siding onto pedestrian paseos or parks shall be provided with view fencing such as three feet of wrought iron on top of a three foot masonry wall, in accordance with the comprehensive wall plan and subject to approval by the Fire Marshal and the Planning and Parks and Recreation Directors. Where said wall/fencing is located adjacent to any public park, the wall/fencing, including footing shall be located wholly within the park and maintained by the City. 13. Should the applicant propose an amendment to the Otay Ranch General Development Plan to reduce density within the Village Cores at some time in the future, the provision of alley product shall be analyzed and considered concurrently with said amendment. 14. Approval of lot widths and the final number of lots in Neighborhood 22 is subject to building design and product site plan approval by the Planning Department. A reduction in the number of currently proposed lots may occur prior to approval of actual building permits for this Neighborhood. 15. Alternative A for Neighborhood R-12 as depicted on the tentative map is the preferred alternative. The applicant and the adjacent landowner shall make all reasonable efforts to work together in order to accomplish this alternative. If, after six months from the effective date of the map, no agreement has been reached, the other alternate depicted on the map shall be acceptable. ) t/¡J~ J;J .,. STREETS, RIGHT-OF.,WAY AND PUBLIC IMPROVEMENTS Resolution 18686 Page 1 0 1 ê. Dedicate for public use all the public streets shown on the tentative map within the subdivision boundary. Prior to the approval of the applicable "ß" Map as determined by the City Engineer, the applicant shall enter into an agreement to construct and guarantee the construction of all streets shown on the tentative map and all street improvements as required by the PFFP for each particular phase which could be a result of the cumulative development within SPA One. 17. Secure in accordance with Section 18.16.220 of the Municipal Code, as - necessary, the construction and/or construct street improvements for all on-site and off-site streets deemed necessary to provide service to the subject subdivision. Said improvements may include, but not be limited to, asphalt concrete pavement, base, concrete curb, gutter and sidewalk, sewer, reclaimed water and water utilities, drainage facilities, street lights, signs, landscaping, irrigation, fencing, fire hydrants and traffic signal interconnection conduits and wiring. .. Street cross sections shall conform to the cross sections shown on the Tentative Map. All other design criteria shall comply with the Chula Vista Design Standards, Chula Vista Street Design Standards, the Chula Vista Subdivision Manual and the City Landscape Manual current at the time of approval of the appropriate final liB" Map, unless otherwise conditioned or approved herein. Exhibit A indicates the relationship between the Otay Ranch SPA One roadway designations and the approved City , - designations in the Circulation Element of the General Plan for purposes of determining the appropriate design standards for all streets within SPA One. Should the City Engineer deem that the construction of sidewalks along the offsite portions of East Orange Avenue and East Palomar Street west of Paseo Ranchero is not necessary to provide service to the subject subdivision, their construction may be delayed. Unless otherwise approved by the City Engineer, the developer shall provide a cul-de- sac in accordance with City standards at the end of all proposed street stubs along the subdivision boundary. The City Engineer may approve the installation of a temporary turnaround or other acceptable alternative at the end of those streets that might be extended in the future to provide access to the adjacent property. 18. Include a fully activated traffic signal at the following intersections as part of the improvement plans associated with the final "ß" Map which triggers the installation of the related street improvements. a. East Palomar Street and Pas eo Ranchero b. East Palomar Street and La Media Road c. East Palomar Street and East Orange Avenue d. East Orange Avenue and Pas eo Ranchero e. East Orange Avenue and La Media Road Install underground improvements, standards and street lights with the construction of street improvements, and install mast arms, signal heads and associated equipment as determined by the City Engineer Jtß-3 y Resolution 1 8686 Page 11 19. Submit to and obtain approval by the City Engineer of striping plans for all collector or higher classification streets simultaneously with the associated improvement plans. 20. All vertical and horizontal curves and intersections of all streets shall meet the sight distance requirements of the CalTrans Highway Design Manual. Sight visibility easements shall be granted as necessary to comply with the requirements in the ~ CalTrans Highway Design Manual. Any conflict between the CalTrans Highway Design Manual and the City standards shall be resolved by the City Engineer. 21. Prior to the approval of the final UB" Map containing parkways, the Developer shall agree to plant treeswithìn all street parkways and street tree easements which have been selected from 'the Tevìsed list of appropñate tree species described in the Village Design Plan which shall be approved by the Directors of Planning, Parks and Recreation and Public Works. The applicant shall provide root control methods per the '. requirements of the Parks and Recreation Director ánd a deep watering irrigation system for the trees. The improvement plans, including final selection of street trees, for the street parkways shall be approved by the Directors of Planning, Parks and Recreation and the City Engineer. 22. Enter into an agreement with the City, prior to approval of the first final M'ap - (including an II A" Map), in which the developer agrees to the following: a. Fund and install Chula Vista transit stop facilities (i.e., bus stops) when directed by the Director of Public Works. The improvement plans for said stops shall be prepared in accordance with the transit stop details described in the Village Design Plans and approved by the Directors of Planning and Public Works. b. Not protest the formation of any future regional benefit assessment district to finance the Light Rail Transit. c. Fund its fair share of the cost of construction of the two pedestrian bridges connecting Villages One to Village Two and Village Five to Village Six as determined by the City Engineer based on the proportionate benefit received from the improvements. The developer shall also identify the financing mechanism to be used to fund said cost. 23. Prior to approval of the appropriate final map, the Developer shall grant in fee to the City the right-of-way for the Light Rail Transit as indicated on the typical cross section of East Palomar Street on the approved Tentative Map. Said 'right-of-way shall be granted to the City for open space, transportation, and other public purposes. Said right-of-way shall not extend across street intersections unless approved by the City Engineer. Include said right-of-way in an open space district. 24. Guarantee the construction and enter into an agreement to construct the pedestrian bridge connecting Village One to Village Five in accordance with improvement plans approved by the City prior to approval of the final map that requires 0'. .- J i g-J~.nstruction of La Media Road between East Palomar Street and East Orange Avenue. The developer shall construct said bridge, at the time when that portion of La Media Resolution 1 8686 Page 1 2 Road is constructed and may seek, with the concurrence of the City, repayment from other benefiting property owners through a reimbursement district. 25. In the event the Federal Government adopts ADA standards for street rights-of- way which are in conflict with the standards and approvals contained herein, all such approvals conflicting with those standards shall be updated to reflect those standards. Unless otherwise required by federal law, City ADA standards may be considered - vested, as determined by Federal regulations, only after construction has commenced. 26. Prior to approval of the first final map for Neighborhood R-12 which requires the construction of the temporary access road to East Palomar Street, the developer shall accomplish the following: a. If required by the City Engineer, obtain a construction permit from the City approving the necessary modifications to any existing .. improvements, which are necessary to provide temporary access to Neighborhood R-12. b. Enter into an agreement where the developer agrees to: 1. Remove to the satisfaction of the City Engineer the "Temporary " - Access Road" improvements, at such time as a permanent road connecting R-12 to East Palomar Street is opened for public use. 2. Construct the ultimate East Palomar Street improvements and regrade the area to be consistent with the streetscape of East Palomar Street as directed by the City Engineer and Director of Parks and Recreation at such time as a permanent road connecting R-12 to East Palomar Street is opened for public use.. 3. Install signs as directed by the City Engineer, indicating that the "Temporary Access Road" will be closed once a permanent road connecting R-12 to East Palomar Street is opened for public use. 4. Provide a Notice in any residential disclosure document that the "Temporary Access Road" will be closed once a permanent road connecting R-12 to East Palomar Street is opened for public use. 5. Provide for all costs associated with the vacation of the "Temporary Access Road" located within the proposed future residential lot. c. Provide- security acceptable to the City in the amount determined by the City Engineer to guarantee the removal of the Temporary Access Road improvements and construction of the ultimate East Palomar Street improvements as directed by the City Engineer and Director of Parks and . Recreation Ji!J --Jþ .- Resolution 1 8686 Page 1 3 27. Include the necessary modifications to the applicable existing traffic signals at the intersection of Telegraph Canyon Road at Otay lakes Road as part of the improvement plans associated with the first final "B" Map which triggers the construction of La Media Road. Install underground improvements, standards and street lights with the construction of - street improvements, and install mast arms, signal heads and associated equipment as determined by the City Engineer. 28. Include the easement for the proposed "Temporary Access Road" to R-1 2 from East Palomar Street to the northern property line across the proposed future residential lot. On the appropriate final "B" Map, as determined by the City Engineer, grant said easement to the City for open space, transportation, and other public uses.- - 29. Provide: (1) a minimum setback of 19.5 feet' on driveways from the back of sidewalk to garage, (2) a minimum 7-foot parkway (face of curb to property line) around the turnaround area of the cul-de-sac, and (3) sectional roll-up type garage doors at all properties fronting on streets which are proposed for construction in accordance with the detail of the IItypical cul-de-sac, 150 feet or less" shown on Sheet 1 of the tentative map, except as provided for in the Planned Community Di~ct Regulations or approved by the City Engineer and the Planning Director. 30. Not install privately owned water, reclaimed water, or other utilities crossing any public street. This shall include the prohibition of the installation of sleeves for future construction of privately owned facilities. The City Engineer may waive this requirement if the following is accomplished: 2. The developer enters into an agreement with the City where the developer agrees to the following: 1. Apply for an encroachment permit for installation of the private facilities within the public right-of-way. 2. Maintain membership in an advance notice such as the USA Dig Alert Service. 3. Mark out any private facilities owned by the developer whenever work is performed in the area. The terms of this agreement shall be binding upon the successors and assigns of the developer. b. Shutoff devices as determined by the City Engineer are provided at those locations where private facilities traverse public streets. 31. Include in separate lots the right-of-way required to accommodate the future grade.separation at the intersection of Telegraph Canyon and Otay Lakes Road. These ... /15 -J;) lots shall be granted in fee to the City for Open Space, transportation, and other public purposes on the appropriate final "B" Map, as determined by the City Engineer. Prior Resolution 1 8686 Page 14 to the approval of the grading plans proposing the grading of the area that would accommodate said intersection, the developer shall submit a design study, acceptable to the City Engineer, of the grading required for said grade separated intersection. 32. Residential Street Condition A as denoted on the cover page of the tentative map is the preferred section and shall be implemented on all residential streets, excluding the alley product, unless otherwise approved by the City Engineer and - Planning Director. Following is a list of streets where Residential Street Condition A shall be implemented: Neighborhood R-11: Santa Delphina Ave., Pacifica Ave., Colusa Drive, Bellena Ave., Ballena Court, Montana Drive, Quai/springs Drive and Coalsprings Drive. Neighborhood R-12: Carmel Avenue, Pleasanton Road, Carmel Court, Applegate Road and Ojai Court. Neighborhood R-23: Bridlevale Drive, Ravenrock Drive, Fawntail Drive, Bouquet Canyon Drive, Strawberry Valley Road, Elk Run Court and Covey Court. Neighborhood R-24: Bouquet Canyon Drive, Fernwood Drive, Lonetree Drive, Sagetree Drive, Clovertree Drive Breezewood Drive and Bramblewood Drive. " - Residential street Condition B may be used in Neighborhood R-22. 33. The applicant shall submit a conceptual design for the bridge connections between Village One and Village Five which indicates materials, height, location, etc. Said design plan shall be reviewed and approved by the Planning Director prior to approval of the final liB" Map that requires construction of La Media Road between East Palomar Street and East Orange A venue. 34. Requested General Waivers 1, 2, 3 and 4 and Specific Waiver 1, as indicated on the cover sheet of the tentative map, are hereby approved. 35. Right-of-way for the light rail transit line shall provide for spiral curves as provided by MTDB and approved by the City Engineer. 36. The developer shall dedicate the right of way and easements within the boundaries of the tentative map for other land owners to pioneer public facilities in the property as required by the Public Facilities Financing Plan (PFFP); provided, however, that" such dedications shall be restricted to those reasonably necessary for the construction of the facilities identified in the PFFP. 37. The Developer shall be responsible for the construction of full improvements of that portion of East Palomar Street contained within the proposed tentative map, including. the installation of full transit stop improvements at the Village Five core. In the event said portion of East Palomar Street is proposed for construction in phases, the Developer shall: (1) submit and obtain approval of the City Engineer of a (If /. ßenstruction :phasing plan, which shall determine the improvements, facilities, and/or ... J J dedications to be provided with each phase, and (2) enter into an agreement with the City, prior to the issuance of any grant of approval for the construction of the initial Resolution 1 8686 Page 15 phase of East Palomar Street, where the Developer agrees to construct the remaining phases at such time as required by the PFFP. 38. In order to finance the construction of the backbone facilities (which include but are not limited to East Palomar Street within the tentative map, transit stops, pedestrian bridges, Telegraph Canyon detention basin and Poggi Canyon Channel and detention basin) not included within a City development fee program and which would ~ provide benefit to areas beyond a single ownership within the Otay Ranch SPA One, the Developer may seek, with the concurrence of the City, payment of the fair share of the construction cost of said facilities from other benefiting properties through the establishment of a reimbursement mechanism, a development impact fee program, an assessment mechanism or other equitable facility financing program within the City's discretion. GRADING AND DRAINAGE 39. Provide a setback, as determined by the City Engineer, and based on the soils engineering study, between the property lines of the proposed lots and the top or toe of any slope to be constructed where the proposed grading adjoins undeveloped property or property owned by others. The City Engineer shall not approve the creation of any lot that does not meet the required setback. " - The developer shall submit notarized letters of permission to grade for all off-site grading. 40. In conjunction with the as built grading plans, the applicant shall submit a list of proposed lots with the appropriate grading plan indicating whether the structure will be located on fill, cut or a transition between the two situations. 41 . Comply with all the provisions of the National Pollutant Discharge Elimination System (NPDES) and the Clean Water Program. 42. Provide runoff detention basins or any other facility approved by the City Engineer to reduce the peak runoff from the development to an amoum equal to or less than the present 1 DO-year frequency peak runoff. 43. Prior to approval of: (1) the first final "B" Map or grading permit whichever occurs first for land draining into the Poggi Canyon, and (2) the first final "B" Map or grading permit whichever occurs first for land draining into the Telegraph Canyon Channel, the developer shall: a. Guarantee the construction of the applicable drainage facility, unless otherwise approved by the City Engineer as follows: 1 . Runoff detention/desilting basin and naturalized channel in Poggi Canyon; or 2. Runoff detention Basin in Telegraph Canyon Channel ) r ß /} 7 The Developer may agree to construct these facilities at a later time if .:- approved by the City Engineer and if the developer provides private Resolution 1 8686 Page 1 6 temporary runoff detention basins or other facilities, approved by the City Engineer, which would reduce the peak runoff from the development to an amount equal to less than the present 1 DO-year peak flow. Said temporary facilities shall comply with all the provisions of the National Pollutant Discharge Elimination System (NPDES) and the Clean Water Program. Prior to issuance of any grading permit which approves any temporary facility, the developer shall enter into an agreement with - the City to guarantee the adequate operation and maintenance (O&M) of said facility. The developer shall provide security satisfactory to the City to guarantee the O&M activities, in the event said facilities are not maintained to City standards as determined by the City Engineer. The developer shall be responsible for obtaining all permits and agreements with 1he environmental regulatory agencies required to perform this work. b. Prepare a maintenance program including a schedule, estimate of cost, operations manual and a financing mechanism for the maintenance of the applicable facilities. Said program shall be subject to approval of the City Engineer, the Director of Parks and Recreation, and the applicable environmental agencies. . ' - c. Enter into an agreement with the City of Chula Vista and the applicable environmental agencies (Fish and Game, Fish and Wildlife) wherein the parties agree to implement the maintenance program. d. Enter into an agreement with the City where the developer agrees to the following: 1. Provide for the maintenance of the proposed detention basin in Telegraph Canyon and the proposed naturalized channel and detention basin in Poggi Canyon until such time as maintenance of such facilities is assumed by the City or an open space district. 2. Provide for the removal of siltation in {1.)the Telegraph Canyon detention basin and (2.) Poggi Canyon Channel and detention basin until all upstream grading of the area contained within the tentative map is completed and erosion protection planting is adequately established as determined by the City Engineer and Director of Parks and Recreation. 3. Provide for the removal of any siltation in {1.)the Telegraph Canyon detention basin and {2.)Poggi Canyon Channel and detention basin attributable to the development for a. minimum period of five years after City acceptance of the landscaping .improvements. Ø; Enter into an agreement with the City, prior to approval of the first final liB" Map .- /flJ/~ grading permit whichever occurs first for land draining into the existing Telegraph ., Canyon Channel, where the developer agrees to perform the following activities within Resolution 1 8686 Page 17 the portion of said existing channel extending from Paseo Ladera to the eastern subdivision boundary: a. Provide for the removal of siltation umil all upstream grading of the area contained within the tentative map is completed and erosion protection planting is adequately established as determined by the City Engineer and Director of Parks and Recreation. - b. Provide for the removal of any siltation attributable to the development for a minimum period of five years after City acceptance of the landscaping improvements. 45. Ensure that brow channels and ditches emanating from and/or running through City Open Space are not routed through private property and vice versa. 46. Provide a graded access (12 feet minimum width) and access easements as required by the City Engineer to all public storm drain structures including inlet and outlet structures. Improved access as determined by the City Engineer shall be provided to public drainage structures located in the rear yard of any residential lot. 47. Provide a protective fencing system around: (1) the proposed detention ba~ns at Telegraph Canyon and Poggi Canyon, and (2) inlets and outlets of storm drain structures, as directed by the City Engineer. The final design and types of construction materials shall be subject to approval of the Director of Planning and the City Engineer. 48. Designate all drainage facilities draining private property to the point of connection with public facilities as private. 49. Provide a 6 inch thick concrete access road to the bottom of the proposed detention basins. This access shall have a minimum width of 12 feet, a maximum slope of 8%, and a heavy broom finish on the ramp as directed by the City Engineer. 50. Obtain a Letter of Map Revision (LOMR) from the Federal Emergency Management Agency revising the current National Flood Insurance Program maps of the Telegraph Canyon Channel to reflect the effect of the proposed drainage improvements. The LOMR shall be completed prior to acceptance by the City of the proposed detention facility. 51. Provide graded maintenance access roads along both sides of the proposed on- site and off-site portions of the Poggi Canyon Channel. The width of said roads shall be 12 feet unless otherwise approved by the City Engineer. The final dimensions and location of the access roads shall be as determined by the City Engineer. 52. Prior to the approval of the first final uB" Map, the developer shall submit for the approval of the City Engineer, a study demonstrating that the proposed detention basin in Telegraph Canyon is capable of reducing the peak runoff from SPA One to or less than the present 1 DO-year frequency peak runoff. The City Engineer may require that I,/{J-tj / said study be reviewed by an outside consultant to determine the effect of the proposed detention facility on the existing naturalized channel. All costs associated with retaining said consultant shall be the responsibility of the Developer. The final Resolution 1 8586 Page 1 8 design and location of the detention basin shall be approved by the City Engineer, Director of Planning and Director of Parks and Recreation. 53. Prior to the installation of the regional trail, install a fence along those portions of: (1) the existing maintenance access roads along the Telegraph Canyon Channel, and (2) the proposed maintenance access roads of the Poggi Canyon Channel, which are proposed to be incorporated into the Regional Trail System. The fence shall be - erected only at those locations where its installation will not interfere with the normal channel maintenance. The specific locations where the fence will be allowed and the fence details shall be as determined by the City Engineer and Director of Parks and Recreation 54. Prior 10 approval of mass grading plans, the Developer shall prepare and obtain approval by the City Engineer, Director of Planning and Director of Parks and Recreation of an erosion and sedimentation control plan. Prior to approval of the street ~improvement plans, the Developer shall obtain approval of landscape/irrigation plans. 55. Landform grading, similar to what has been proposed along Telegraph Canyon Road indicated on this tentative map and consistent with City policy and the approved temative maps for the adjacent properties, shall be implemented adjacent to all off-site major roads (i.e., East Palomar Street and East Orange Avenue). " - 56. Indicate on all affected grading plans that all walls which are to be maintained by open space districts or other methods shall be constructed entirely within open space lots. 57. The grading plans for the intersection at East Orange Avenue/Paseo Ranchero shall include a partial grading of the area that would accommodate the eastbound on- ramp and off-ramp and the westbound on-ramp of the future grade separated intersection. The elevations and extent of the required grading shall be determined by the City Engineer to: (1) allow in the future the construction of any additional grading necessary for the ultimate intersection configuration, and (2) construct the Poggi Canyon Channel at its ultimate location. 58. Prior to approval of the grading and/or improvement plans proposing the construction of the culvert under La Media Road at the crossing with the Telegraph Canyon Channel, the developer shall submit a study acceptable to the City Engineer demonstrating that the proposed culvert will be capable of handling the design flow in the event said culvert needs to be extended in the future in conjunction with the grading for a grade separated intersection at Telegraph Canyon Road/Otay Lakes Road. 59. Prior to approval of the first final "B" Map or first grading permit (whichever occurs first) for Neighborhood R-12 (Alternate A or B), the developer shall submit a study for the approval of the City Engineer demonstrating that the 10a-year peak flow proposed to be discharged from said neighborhood to the adjacent properties to the west, is equal to or less than the present 1 aD-year peak flow. The City Engineer may approve that increased flows be deposited into the adjacent properties if the developer ~ provides: (1) verification in the form of an agreement with the owners of downstream .'. ) . !5 ----;I )properties indicating the acceptance of the increased flows, or (2) evidence to the satisfaction of the City Engineer that any existing downstream drainage improvements Resolution 1 8686 Page 1 9 will be capable of handling the increased flows in accordance with City standards. The developer shall limit the flows to non-erosive velocities and provide erosion control to the satisfaction of the City Engineer. 60. Prior to approval of any final "8" Map, Developer shall agree to indemnify City for any liability, claims or actions resulting from the downstream property owners accepting the increased flows. - SEWER 61. Provide an improved access road with a minimum width of 12 feet to all sanitary sewer manholes. The roadway shall be designed for an H-20 wheel load or other loading as approved by the City Engineer. 62. Prior to the approval of the first final "B" Map for any property located within , Neighborhood R-12 (Alternate A), the developer shall construct or secure the construction, in accordance with Section 18.16.220 of the Municipal Code, of a gravity sewer line connecting Neighborhood R-12 (Alternate A) to an approved public sewer line. As an alternative to the gravity sewer line the developer may propose the construction of the sewage pump station shown on the tentative map at the western boundary of R-12 (Alternate A). Prior to the issuance of any grant of approval for ibe construction of said "pump station" and associated improvements, the developer shall comply with all the requirements of Council Policy No. 570-03 (Sewage Pump Station Financing Policy). 63. Prior to approval of any final "B" Map for any property located within the Poggi Canyon Sewer Trunk gravity basin, the developer shall construct or secure the construction, in accordance with Section 18.16.220 of the Municipal Code, of the Poggi Canyon Sewer Trunk improvements required to serve the properties located within said final map. As an alternative to the gravity sewer line the developer may propose the construction of the sewage pump station shown on the tentative map at the northeastern quadrant of the intersection of East Orange Avenue and La Media Road. Prior to the issuance of any grant of approval for the construction of said IIpump stationn and associated improvements, the developer shall comply with all the requirements of Council Policy No. 570-03 (Sewage Pump Station Rnancing Policy). PARKS/OPEN SPACE/WILDLIFE PRESERVATION General 64. The project shall satisfy the requirements of the Park Land Dedication Ordinance (PLOD). The ordinance establishes a requirement that the project provide three (3) acres of local parks and related improvements per 1, 000 residents. Local parks are comprised of community parks and neighborhood parks. Pedestrian parks are an integral component of the plan and shall receive partial park credit as defined below. A minimum of two thirds (2 acres/1,OOO residents) of local park requirement shall be satisfied through the provision of turn-key neighborhood and pedestrian parks.. The remaining requirement (1 acre/1,OOO residents) shall be satisfied through the payment -- of fees. ;t/j? -LJ} Resolution 1 8685 Page 20 65. All local parks shall be consistent with the SPA One PFFP and shall be installed by the Applicant. A construction schedule, requiring all parks to be completed in a timely manner, shall be approved by the Director of Parks and Recreation. 66. All local parks shall be designed and constructed consistent with the provisions of the Chula Vista Landscape Manual and related Parks and Recreation Department specifications and policies. - 67. All aspects of the neighborhood parks, including the applicants fair share portion of Park P-9 and the paseo, shall be designed in accordance with the City Landscape Manual. 68. The Applicant shall receive surplus park credit to the extent the combined park credit for neighborhood parks, pedestrian parks and the town square park exceeds the 3 acres per 1 ,000 residents standard. This surplus park credit may be utilized by the ,Applicant to satisfy local park requirements in fut~re SPAs. 69. The Applicant and the City shall mutually agree on a PAD fee reimbursement schedule in coordination with the adopted construction schedule. Milestones will be established for partial reimbursement during the construction process. The City may withhold up to 20% of the park construction funds until the park has been completed ~' - and accepted. Reimbursement of PAD fees shall include the interest accrued by the City on said PAD fees minus the City's cost of processing and administering this reimbursement program. 70. Unless otherwise specifically stated herein, Developer shall provide the City with an irrevocable offer of dedication, in a form approved by the City Attorney, for all designated public park lands prior to approval of the first final liB" Map within the phase identified in the PFFP for said parks. 71. Pedestrian Parks (also known as mini-Darks): Pedestrian parks less than five acres, with the exception of Park P-9 and the paseo, as identified in the SPA One Plan, shall be maintained by a funding entity other than the City's General Fund. Pedestrian parks shall receive a minimum of 25% and a maximum of 50% park credit, as determined by the Director of Parks and Recreation pursuant to the City wide small park credit criteria which shall be approved by the City Council. 72. Neiahborhood Parks: Developer shall provide the City with an irrevocable offer of dedication, in a form approved by the City Attorney, for the park identified in the PFFP'as P-6 prior to the approval of the final map in accordance with the PFFP phasing. a. In addition to those required PAD fees, the Applicant shall pay PAD fees based on a formula of 2 acres per 1,000 residents for the first 431 dwelling units. In the City's sole discretion, PAD fees may be required for units in excess of the first 431 dwelling units. b. Prior to the approval of the first final map which creates residential lots .(UB" Map), the applicant shall enter into a supplemental agreement ... 0- j '/5 '-"1 i 'whe~e the ~pplicant agrees to construct and guarantees co~st:uction ~f the first neighborhood park, no later than issuance of the bUIlding permit Resolution 1 8686 Page 21 for the 431 st dwelling unit. The agreement shall also provide the following: 1. The level of amenities required in the neighborhood park shall be determined by the Director of Parks and Recreation in conjunction with the park master planning effort required by the City of Chula Vista Landscape Manual. The applicant shall complete - construction of the neighborhood park within six (6) months of commencing construction of said park. 2. The timing of construction of Parks P-6, P-7, P-8 and the regional trails shall be addressed in the revised PFFP. 3. At no iime following completion of construction of the first phase of the first neighborhood park shall there be a deficit in "constructed neighborhood park" based upon 2 acresl1 ,000 residents. Applicant agrees that the City may withhold the issuance of building permits should said deficit occur. For purposes of this condition, the term "constructed neighborhood park shall mean that construction of the park has been completed and accepted by the Director of Parks and Recreation as bein~jn compliance with the Park Master Plan, but prior to the mandatory one year maintenance period. This condition is not intended to supersede any of the City's maintenance guarantee requirements. 4. The Applicant shall receive reimbursement of PAD fees for any amount above their pro-rata share for the costs of constructing a turn-key park constructed in accordance with the Parks Master Plan. c. The applicant shall grant to the City, at the 61 A n Map stage, an irrevocable offer of dedication for all neighborhood parks shown on the Tentative Map. 73. Communitv Parks: Prior to the approval of each final "B" Map the Applicant shall pay PAD fees for the Community Park based upon a formula of 1 acre per 1, 000 residents 74. Traiis/ODen SDace: a. All trails shall connect to adjoining existing and/or proposed trails in neighboring development projects, as determined by. the Director of Parks and Recreation. b. The two connector trails from Neighborhoods R-24 and R-25 in Village Five to Telegraph Canyon Road shall be combined into one trail in Open Space Lot 1 and shall connect to the regional trail in one location. '. c. The maximum gradient for connector trails shall be 10%. Steeper grades '- ... / Lj!f ,., ;J~f up to 12% for short runs of 50 feet may be permitted subject to the approval by the Parks and Recreation Director. Resolution 18586 Page 22 d. The graded section upon which the connecting trails are constructed shall be 10 feet in width. Six feet shall be provided for the trail bed, with a 2 foot graded shoulder on either side. e. Landscape and irrigation plans for the transit right-of-way shall be reviewed and approved by the Parks and Recreation Director in conj\,mction with the landscape plans for East Palomar Street. - 75. Communitv Gardens: a. Community Gardens shall be consistent with the guidelines in the SPA One Parks, Recreation, Open Space and Trails Master Plan, including creation of the Community Garden Committee and their responsibilities. b. Water lines shall be stubbed from the nearest open space water meter to the site{s} in order 1:0 facilitate development of the Community -. Gardens. .. c. Community Garden sites shall be consistent with those identified on the tentative map. d. Maintenance of Community Gardens shall be funded by an Open Space " .-. Maintenance District, Homeowner's Associatión or other funding mechanism approved by the Director of Parks and Recreation and the /" City Engineer. e. Community Gardens shall not receive park credit. OPEN SPACE/ASSESSMENTS 76. Prior to the approval of the first final US" Map, the developer shall: a. Submit and obtain approval of the SPA One Open Space Master Plan from the Director of Parks and Recreation. The Open Space Master Plan shall be based upon the approved Concept and Analysis Plan, the requirements of which are outlined in the City of Chula Vista Landscape Manual and include but are not limited to elements such as final recreational trail alignments and fencing and phasing. b. Request the formation of an Open Space District. pursuant to the 1972 Landscaping & Lighting Act or other financing mechanism approved by City Council. The district formation shall be submitted to Council for consideration prior to approval of the first final B map. Maintenance of the open space improvements shall be accomplished by the developer for a minimum period of one year or until such time as accepted into the open space district by the Director of Parks and Recreation. If Council does not approve the open space district formation, some other financing mechanism shall be identified and submitted to Council for consideration prior to approval of the first final map. JY!f~:/} .- Resolution 1 8686 Page 23 c. Submit evidence acceptable to the City Engineer and the Director of Parks and Recreation of the formation of a Master Homeowner's Association (MHOA), or another financial mechanism acceptable to the City, which includes all the properties within the approved tentative map prior to approval of the first PB" Map. The MHOA shall be responsible . for the maintenance of the improvements listed in Condition 76d. The City Engineer and the Director of Parks and Recreation may require that - some of those improvements be maintained by the Open Space District. The final determination of which improvements are to be included in the Open Space District and those to be maintained by the MHOA shall be made during the Open Space District Proceedings. The MHOA shall be structured to allow annexation of future tentative map areas in the event the City Engineer and Director of Parks and Recreation require such annexation of future tentative map areas. The MHOA formation documents shall be approved by the City Attorney. d. Submit a list of all Otay Ranch SPA One facilities and other items to be maintained by the proposed district. Separate lists shall be submitted for the improvements and facilities to be maintained by the Open Space District and those to be maintained by a Master Homeowner's Association. Include a description, quantity and cost per year for~the - perpetual maintenance of said improvements. These lists shall include but are not limited to the following facilities and improvements: 1. All facilities located on open space lots to include but not be limited to: walls, fences, water fountains, lighting structures, paths, trails, access roads, drainage structures and landscaping. Each open space lot shall also be broken down by the number of acres of turf, irrigated, and non-irrigated open space to aid in the estimation of a maintenance budget thereof. 2. Medians and parkways along East Orange Avenue (onsite and offsite), Paseo Ranchero, La Media Road, East Palomar Street (onsite and offsite) and all other street parkways proposed for maintenance by the open space district or Homeowners' Association. 3. The proposed detention basin in Telegraph Canyon and the fair share of the maintenance of the existing naturalized Telegraph Canyon Channel east of Paseo Ladera as determined by the City Engineer based on the proportional benefit received from the improvements. This includes but is not limited to the cost of maintenance and all cost to comply with the Department of Fish and Game and Corps of Engineers permit requirements. 4. The proposed detention basin and naturalized channel in Poggi Canyon. This includes but is not limited to the cost of J '/ j1-Y? maintenance and all cost to comply with the Department of Fish .- and Game and the Corps of Engineers permit requirements, Resolution 18685 Page 24 ::J. Community Gardens 6. Pedestrian Bridges. 7. The proportional share of the maintenance of the median and parkways along that portion of Telegraph Canyon Road adjoining the development as determined by the City Engineer. - 8. Parkways and open space lots proposed along Santa Cora Avenue within Neighborhoods R-22, R-23, and R-24. 9. Parkways along Santa Delphina Avenue within Neighborhood R- 11. 10. Trees planted within the 8-foot street tree easement adjacent to . . (1 )the western right-of-way line of Santi Delphina Avenue and (2) Lone Tree Drive to the south right of way of Park 6.3. e. Submit an initial deposit of $15,000 to begin the process of formation of the open space district. All costs of formation and other costs associated with the processing of the open space relating to this project " - shall be borne by the developer. f. Provide all the necessary information and materials (e.g., exhibits, diagrams, etc.) as determined by the City Engineer to prepare the engineer's report for the proposed open space district. 77. Include in the CC&Rs, if applicable, the obligation of the Homeowners I Association to maintain all the facilities and improvements within the open space lots rejected by the City prior to the approval of the final map containing said lots. 78. Grade a level, clear area at least three feet wide (face of wall to top of slope), along the length of any wall abutting an open space district lot, as measured from face- of-wall to beginning of slope, said area as approved by the City Engineer and the Director of Parks and Recreation. 79. Ensure that all buyers of lots adjoining open space lots containing walls maintained by the open space district sign a statement, when purchasing their homes, stipulating that they are aware that they shall not modify or supplement the wall or encroach onto the open space lots. These restrictions shall also be incorporated in the CC&Rs for each lot. 80. Agree to not protest formation or inclusion in a maintenance district or zone for the maintenance of landscaped medians and scenic corridors along streets within and adjacent to the subject subdivision. 81. If requested by the City, the Developer shall grant in-fee to the City on the .-. '(J appropriate 'finai map, all open space lots shown on the tentative map and execute and .- Ii) ¡y"ecord a deed for each of the lots to be maintained through the open space district or the HOA. Provide on the final map a certificate, pursuant to section 66477.2(a) of the Resolution 18686 Page 25 Subdivision Map Act, rejecting those open space lots to be maintained by the Homeowner's Association. 82. Provide documentation, prior to the approval of the first final liB" Map, to the Director of Planning and the City Engineer that an annexable Mello-Roos District, or other financing mechanism approved by the Sweetwater High School District and the Chula Vista Elementary School District has been established to provide for construction - of schools. 83. The update of the Public Facilities Development Impact Fee (currently being prepared) which incorporates the public facilities proposed in the Otay Ranch SPA One shall be approved by City Council prior to the approval of any final UB" Map. 84. Prior to issuance of any grading permit which includes Landscaping and Irrigation (L & 1) improvements to be installed in an open space lot to be maintained by the open space district, the developer shall place a cash deposit with the City which will guarantee the maintenance of the L & I improvements, prior to City acceptance of said improvements, in the event the improvements are not maintained to City standards as determined by the City Engineer and the Director of Parks and Recreation. The amount of the deposit shall be equivalent to the estimated cost of maintaining the open space lots to City standards for a period of six months as determined by the City Engin~~r. Any unused portion of said deposit may be incorporated into the open space district's reserve at such time as the maintenance of the open space lot is assumed by the open space district. 85. Provide an 8-foot street tree easement adjacent to the western right-of-way line of Santa Delphina Avenue (within Neighborhood R-11) and to the south right of way of Lonetree Drive. 86. Ensure that all buyers of lots fronting residential streets constructed in accordance with Condition A sign a statement, when purchasing their homes, stipulating that (1) they are aware that the City will be responsible for the maintenance of the landscaping improvements located between the curb and the sidewalk (including City approved trees), and (2) they shall not replace or remove any trees planted between the curb and the sidewalk without the approval of the City. These provisions shall be incorporated in the CC&Rs for each lot. WATER 87. Provide to the City a letter from Otay Municipal Water District indicating that the assessments! bonded indebtedness for all parcels dedicated or granted in fee to the City have been paid or that no assessments exist on the parcel(s).. 88. Present verification to the City Engineer in the form of a letter from Otay Water District that the subdivision will be provided adequate water service and long term water storage facilities. EASEMENTS /f!l~1jJ -- Resolution 18686 Page 26 89. Grant to the City a 10' wide easement for general utility purposes along public Street frontage of all open space lots offered for dedication to the City unless otherwise approved by the City Engineer. 90. Indicate on the appropriate uBn Map a reservation of easements to the future Homeowners' Association for private storm drain and private sewer facilities within - City open space lots as directed by the City Engineer. - 91. Obtain, prior to approval of any final "B" Map, all off-site right-of-way necessary for the installation of the required improvements for that subdivision thereto. The developer shall also provide easements for all on-site and off-site public drainage facilities, sewers, maintenance roads, and any other public facilities necessary to provide service to the subject subdivision. 92. Notify the City at least 60 days prior to consideration of the final map by City "0 if off-site right-of-way cannot be obtained as required by thé Conditions of approval. (Only off-site right-of-way or easements affected by Section 66462.5 of the Subdivision Map Act are covered by this condition.) After said notification, the developer shalt: , ...... a. Pay the full cost of acquiring off-site right-of-way or easements required by the Conditions of Approval of the tentative map. b. Deposit with the City the estimated cost of acquiring said right-of-way or easements. Said estimate to be approved by the City Engineer. c. Have all easements and/or right-of-way documents and plats prepared and appraisals complete which are necessary to commence condemnation proceedings as determined by the City Attorney. d. Request that the City use its powers of Eminent Domain to acquire right- of-way, easements or licenses needed for off-site improvements or work related to the final map. The developers shall pay all costs, both direct and indirect incurred in said acquisition. The requirements of a, band c above shall be accomplished prior to the approval of the appropriate Final Map. 93. - Grant easements to subsequent owners pursuant to Section 18.20.150 of the City Code on any final map that proposes private utilities or drainage facilities crossing property lines as directed by the City Engineer. 94. Grant to City on the appropriate final "B" Map two foot access easements along the rear and side property line of lots adjoining walls to be maintained by the open space district. The locations of these easements shall be as required by the Director of Parks and Recreation and the City Engineer to provide adequate access for maintenance of said walls. /1ß'~ .-. Resolution 1 8686 Page 27 95. Grant on the appropriate final "Bn Map the following: (1.) a minimum 15 foot wide drainage and access easement for stormdrains located between residential units, and (2.) a minimum 20 foot wide sewer and access easement for sewerlines located between residential units. The City Engineer may approve that a reduced (storm drain and/or sewer) easement width be granted at those locations where storm drains are proposed adjacent to sewerlines. All other easements shall meet City standards for required width. - AGREEMENTS/FINANCIAL 96. Enter into a supplemental agreement with the City, prior 10 approval of each final "B" Map, where the developer agrees to the following: a. That the City may withhold building permits for the subject subdivision if anyone of Lhe following occur: 1. Regional development threshold limits set by the adopted East Chula Vista Transportation Phasing Plan have been reached. 2. Traffic volumes, levels of service, public utilities and/or services exceed the threshold standards in the then effective Growth Management Ordinance. 3. The applicant does not comply with the terms of the Reserve Fund Program. b. That the City may withhold building permits for any of the phases of development identified in the Public Facilities Financing Plan (PFFP) for Otay Ranch SPA One if the required facilities, as identified in the PFFP or as amended by the Annual Monitoring Program, have not been completed. c. Defend, indemnify and hold harmless the City and its agents, officers and employees, from any claim, action or proceeding against the City or its agents, officers or employees to attack, set aside, void or annul any approval by the City, including approval by its Planning Commission, City Councilor any approval by its agents, officers, or employees with regard to this subdivision approval. d. Hold the City harmless from any liability for erosion, siltation or increase flow of drainage resulting from this project. e. Ensure that all franchised cable television companies ("Cable Company") are permitted equal opportunity to place conduit and provide cable television service to each lot on public streets within the subdivision. Restrict access to the conduit to only those franchised cable television JYß~5J companies who are, and remain in compliance with, all of the terms and conditions of the franchise and which are in further compliance with all ... other rules, regulations, ordinances and procedures regulating and Resolution 1 8686 Page 28 affecting the operation of cable television companies as same may have been, or may from time to time be issued by the City of Chula Vista. f. Include in the Articles of Incorporation or Charter for the Homeowners' Association (HOA) provisions prohibiting the HOA from dedicating or conveying for public streets, land used for private streets (i.e., in multi- family areas) without approval of 100% of all the HOA members. - - g. Ensure that all insurance companies are permitted equal opportunity to go out to bid to provide a Cooperative Homeowner's Insurance Program (CHIP). h. Pay, upon Council approval of the Poggi Canyon Sewer Basin Development Impact Fee, the total amount of the fees for those lots of the final map which are located within the area of benefit of said facility and that obtained building permits prior to the eStablishment of said fee. 97. Enter into an supplemental agreement with the City prior to approval of the first final liB" Map, where the developer agrees to the following: a. Participate, on a fair share basis, in any deficiency plan or financial I - program adopted by SANDAG to comply with the Congestion Management Program ICMP). b. To not protest the formation of any future regional impact fee program or facilities benefit district to finance the construction of correctional facilities. 98. Prior to approval of the first final Map (including an "A" Map), or as otherwise determined by the Director of Planning, within SPA One and consistent with the City's Housing Element, Ranch-Wide and SPA One Affordable Housing Plans, the applicant shall enter into and execute with the City an Affordable Housing Agreement (USPA One Affordable Housing Agreementn) containing, but not limited to, the following provisions: la.) The obligation to provide the total number of low and moderate income Units required under the City's Affordable Housing Program, based on the number of dwelling units contained within the Master Tentative Map for SPA One; lb.) Identify the overall number of dwelling units within the Master Tentative Map for which the applicant can receive final map approval prior to the applicant selecting and guaranteeing, to the City's satisfaction, final affordable housing sitels); (c.) The number of dwelling units within the master tentative map area which can receive building permit authorizations prior to the applicant obtaining building permits for a specified number of the required low income units; and (d.) A description of what information must be provided in subsequent Project level Affordable Housing Agreements. Upon its approval by the City, the terms and conditions of the SPA One Affordable Housing Agreement shall become conditions of this resolution, and is hereby incorporated herein by this reference. '/ ;eft. The Applicant shall pay, prior to approval of the first "B' Map, their proportional .- / '!) share, as.determined by the Director of Parks and Recreation, of a collaborative study analyzing local park needs for the area east of the 1-805 Freeway. Resolution 1 8686 Page 29 100. Prior to the approval of the first,final "B" Map, the Developer shall submit and obtain approval by the City Engineer of an ulmprovement Phasing Schedule" which will identify the timing of construction of all backbone facilities and/or completion of the activity noted in the following table. The Improvement Phasing Schedule shall be consistent with the PFFP. COST ITEM TO BE INCLUDED IN - IMPROVEMENT PHASING SCHEDULE FACILITY * Payment of Telegraph Canyon Basin For areas covered by backbone streets and all Drainage DIF common areas with include, but are not limited to, parks, schools, paseos and open space Jots. .. Acquisition/dedication of off-site drainage Poggi Canyon Channel (on-site and off-site) easement. and detention basin .Construction and maintenance (prior to City acceptance). : *Construction and maintenance (prior to City Telegraph Canyon Channel detention basin. acceptance) . Security satisfactory to the City shall be provided for the above backbone facilities . . when their construction or compliance is triggered as identified in the approv!W Improvement Phasing Schedule. In addition to the foregoing, prior to approval of the first final "Bn Map, the Developer shall provide security satisfactory to the City Engineer to guarantee the construction of the following: a. Full improvements of that portion of East Palomar Street contained within the tentative map boundaries including full improvements of the transit stop proposed in East Palomar Street at the Village Five core. b. Fair share of the improvements for the pedestrian bridges connecting Village One to Village Five, Village One to Village Two and Village Five to Village Six. The amount of the security for the above noted improvements shall be 110% times a construction cost estimate approved by the City Engineer if improvement plans have been approved by the City; 150% times the approved cost estimate if improvement plans are being processed by the City or 200% times the construction cost estimate approved by the City Engineer if improvement plans have not been submitted for City review. A lesser percentage may be required if it is demonstrated to the satisfaction of the City Engineer that sufficient data or other information is available to warrant such reduction. SCHOOLS 1 01 . The Applicant shall deliver to the School District, a graded elementary school ... ) 1 ß .... 5) site including utilities provided to the site and an all weather access road acceptable .- to the District, located within Village Five, prior to issuance of the 500th residential Resolution 1 8686 Page 30 building permit (150 students). The all weather access road shall also be acceptable to the Fire Department. This schedule is subject to modification by the School district as based on District facility needs. MISCELLANEOUS 102. Include in the Declaration of Covenants, Conditions and Restrictions (CC&Rs) - provisions assuring maintenance of all streets, driveways, drainage and sewage systems which are private. The CC&Rs shall also include provisions requiring the HOA to obtain an encroachment permit from the City prior to performing work on any private easement which may disturb any existing landscaping or any other public improvements. The City of Chula Vista shall be named as party to said Declaration authorizing the City to enforce the terms and conditions of the Declaration in the same manner as any owner within the subdivision. The CC&R's shall also include language which states that any proposal by the HOA for dedication or conveyance for public 'purposes of land used for private streets (Le., in multi-familý areas) will require prior written approval of 100% of all the Homeowners' Association members. 103. Submit copies of Final Maps and improvement plans and storm drain plans in a digital format such as (DXF) graphic file prior to approval of each Final Map, Provide computer aided Design (CAD) copy of the Final Map based on accurate coordinate " geometry calculations and submit the information in accordance with the City - Guidelines for Digital Submittal in duplicate on 5-1/4" HD or 3-1/2" disks prior to the approval of each Final Map. 104. Tie the boundary of the subdivision to the California System -Zone VI (1983). 105. The developer may submit and obtain the approval of the City of a master final map ("A" Map)showing IIsuper block" lots corresponding to the units and phasing or combination of units and phasing thereof. Said "A" map shall also show the backbone street dedications and utility easements required to serve the usuper block" lots. All "super" block lots created shall have access to a dedicated public street. Said 61 A" map shall not be considered the first map as indicated in other conditions of approval unless said map contains single or multiple family lots or a subdivision of the multiple family lots shown on the tentative map or unless otherwise indicated in said conditions of approval:. The City shall not require improvement plans in order to approve a final map for any" A" Map lots, but the developer shall provide security to guarantee the construction of the backbone facilities, prior to approval of any II A" Map in the following amounts: The amount of the security for the above noted improvements shall be 110% times a construction cost estimate approved by the City Engineer if improvement plans have been approved by the City, 150% times the approved cost estimate if improvement plans are being processed by the City or 200% times the construction cost estimate approved by the City Engineer if improvement plans have not been submitted for City review. A lesser perèentage may be required if it is demonstrated to the satisfaction of the City Engineer that sufficient data or other information is available to warrant such reduction. /L/ß-S( .- Resolution 1 8686 Page 31 Prior to approval of the first "A" Map, the Developer shall enter into an agreement where the Developer agrees that the subsequent development of a multiple family lot, which does not require the filing of a US" Map, shall meet (prior to issuance of a building permit for that lot) all the applicable conditions of approval of the tentaTive map, as determined by the City Engineer. Construction of non-backbone streets adjacem to multiple family lots will not need to be bonded for with the final "A" Map which created such lot. However, such improvements will be required to be - constructed under the Municipal Code provisions requiring construction of street improvements under the design review and building permit issuance processes. In the evem of a filing of a final map which requires oversizing (in accordance with the restrictions of state law and City ordinances) of the improvements necessary to serve other properties, said final map shall be required to install all necessary improvements to serve the project plus the necessary oversizing of facilities required to serve such other properties. The developer may seek repayment from other property owners through a reimburseme~t district. ' 106. Prior to approval of the first 61 A" Map, the Developer shall enter into an agreement to secure approval of a Master Precise Plan for the Village Five Core Area prior to submitting any development proposals for commercial, multi-family and Community Purpose Facility areas within the SPA Five Village Core. " - 107. Pursuant to the provisions of the Growth Management Ordinance (Section 19.09 of the CVMC) and the Otay Ranch General Development Plan (GDP), the Applicant shall complete the following: (1.) Fund the preparation of an annual report monitoring the development of the community of Otay Ranch. The annual monitoring report will analyze t~e supply of, and demand for, public facilities and services governed by the threshold standards. An annual review shall commence following the first fiscal year in which residential occupancy occurs and is to be completed during the second quarter of the following fiscal year. The annual report shall adhere to those guidelines noted on page 353, Section 0 of the GDP/SRP; and (2.) Prepare a five year development phasing forecast identifying targeted submittal dates for future discretionary applications (SPAs and tentative maps), projected construction dates, corresponding public facility needs per the adopted threshold standards, and identifying financing options for necessary facilities. 108. The applicant of each master tentative map shall be responsible for retaining a project manager to coordinate the pr~cessing of discretionary permit applications originating from the private sector and submitted to the City of Chula Vista. The project manager shall establish a formal submittal package required of each developer to ensure a high standard of design and to ensure consistency with standards and policies identified in the adopted SPA Plan. The project manager shall have a well rounded educational background and experience, including but not limited to land use planning and architecture. . 109. The applicant shall submit copies of any proposed C.C. and R's for review and approval by the Director of Planning and the City Engineer prior to approval of each final liB" Map. JVg~~S .- Resolution 1 8686 Page 32 110. Fully accessible handicap access shall be provided at the ends of the following cul-de-sacs: Fawntail Drive, Sagetree Drive, Montana Drive. Access via stairs shall be provided at the ends of the following cul-de-sacs: Rimrock Drive, Thistlwood Avenue, Clovertree Drive, Bramblewood Drive, and Applegate Drive.. 111. If developer desires to do certain work on the property after approval of the - tentative map but prior to recordation of the applicable final "Bn Map, they may do so by obtaining the required approvals and permits from the City. The permits can be approved or denied by the City in accordance with the City's Municipal Code, regulations and policies. Said permits do not constitute a guarantee that subsequent submittals (Le., final "B" Map and improvement plans) will be approved. All work performed by the developer prior to approval of the applicable "sn Map shall be at developer's own risk.. Prior to permit issuance, the developer shall acknowledge in writing that subsequent submittals (Le., final usn Map and improvement plans) may . require extensive changes, at developers cost, to work done uhder such early permit. The developer shall post a bond or other security acceptable to the City in an amount determined by the City to guarantee the rehabilitation of the land if the applicable final liB" Map does not record. PHASING ' - 112. The applicant shall submit to the City a revised phasing for review and approval prior to approval of the first final UB" Map. The PFFP shall be revised where necessary to reflect the revised phasing plan. 113. If phasing is proposed within an individual map or through multiple final maps, the developer shall submit and obtain approval for a development phasing plan by the City Engineer and Director of Planning prior to approval of any final map. Improvements, facilities and dedications to be provided with each phase or unit of development shall be as determined by the City Engineer and Director of Planning. The City reserves the right to require said improvements, facilities and/or dedications as necessary to provide adequate circulation and to meet the requirements of police and fire departments. The City Engineer and Planning Director may, at their discretion, modify the sequence of improvement construction should conditions change to warrant such a revision. 114. The Public Facilities FInance Plan or revisions hereto shall be adhered to for the SPA and tentative map with improvements installed in accordance with said plan or as required to meet threshold standards adopted by the City of Chula Vista. The PFFP identifies a facility phasing plan based upon a set of assumptions concerning the location and rate of development within and outside of the project area. Throughout the build-out of SPA One, actual development may differ from the assumptions contained in the PFFP. Neither the PFFP nor any other SPA One document grant the Applicant an entitlement to develop as assumed in the PFFP, or limit the SPA One's facility improvement requirements to those identified in the PFFP. Compliance with the City of Chula Vista threshold standards, based on actual development patterns and updated forecasts in reliance on changing entitlements and market conditions, shall jJj¡f-:..5'~ govern SPA One development patterns an~ the facility improvement requirements to .- ~ serve such development. In addition, the sequence in which improvements are constructed shall correspond to any future Eastern Chula Vista Transportation Phasing Resolution 18686 Page 33 Plan or amendment to the Growth Management Program and Ordinance adopted by the City. The City Engineer may modify the sequence of improvement construction should conditions change to warrant such a revision. CODE REQUIREMENTS 115. Comply with all applicable sections of the Chula Vista Municipal Code. - Preparation of the Final Map and all plans shall be in accordance with the provisions of the Subdivision Map Act and the City of Chula Vista Subdivision Ordinance and Subdivision Manual. 116. Underground all utilities within the subdivision in accordance with Municipal Code requirements. 117. Pay the following fees in accordance with the City Code and Council Policy: a. The Transportation and Public Facilities Development Impact Fees b. Signal Participation Fees c. All applicable sewer fees, including but not limited to sewer connection fees d. Interim SR-125 impact fee e. Telegraph Canyon Sewer Basin DIF " I>- f. Poggi Canyon Sewer Basin DIF as may be adopted by the City in the future g. Telegraph Canyon Basin Drainage DIF h. Reimbursement District for Telegraph Canyon Road Phase 2 Undergrounding 1. Otay Ranch Reserve Fund fee. Pay the amount of said fees in effect at the time of issuance of building permits. 118. Comply with all relevant Federal, State and Local regulations, including the Ciean Water Act. The developer shall be responsible for providing all required testing and documentation to demonstrate said compliance as required by the City Engineer. 119. Ensure that prospective purchasers sign a "Notice of Special Taxes and Assessments" pursuant to Municipal Code Section 5.46.020 regarding projected taxes and assessments. Submit disclosure form for approval by the City Engineer prior to Final Map approval. 120. Comply with Council Policy No. 570-03 if pump stations for sewer purposes are proposed. 121. Comply with Council Policy No. 522-02 regarding maintenance of natural channels within open spaces. 122. The applicant shall comply with all aspects of the City of Chula Vista Landscape Manual. ) 'Iff ---y: 23. ,- The Applicant shall comply with Chapter 19.09 of the Chula Vista Municipal Code (Growth Management) as may be amended from time to time by the City. Said Resolution 1 8686 Page 34 chapter includes but is not limited to: threshold standards (19.09.04), public facilities finance plan implementation (19.09.090), and public facilities finance plan amendment procedures (19.09.100). The applicant acknowledges that the City is presently in the process of amending its Growth Management Ordinance to add a proposed Section 19.09.105, to establish provisions necessary to ensure compliance with adopted threshold standards - (particularly traffic) prior to construction of State Route 125. Said provisions will require the demonstration, to the satisfaction of the City Engineer, of sufficient street system capacity to accommodate a proposed development as a prerequisite to final map approval for that development, and the applicant hereby agrees to comply with adopted amendments to the Growth Management Ordinance. 124. Upon submittal of building plans for small lot single family (5,000 square feet or less as defined in the City of Chula Vista Design Manual) residential development, 'plans shall clearly indicate that 750 square feet of private open space will be provided. 125. All proposed development shall be consistent with the Otay Ranch SPA One Planned Community District Regulations. . - )tj[f/fY .'. COUNCIL AGENDA STATEMENT Item /5 Meeting Date 11/16/99 ITEM TITLE: Resolution Approving a Final Map for Chula Vista Tract No, 98-04, McMillin Otay Ranch SPA One, Phase 3, accepting on behalf of the City of Chula Vista the easements granted on said map within said subdivision, rejecting on behalf of the public the offers of dedication for a portion of Olympic Parkway and a portion of La Media Road, acknowledging on behalf of the City of Chula Vista the irrevocable offers of dedication of fee interests in lots A, B, C, D, E, F, G and H for open space and other public purposes on said map within said subdivision, and approving the Subdivision Improvement Agreement for the completion of improvements required by said subdivision, and authorizing the Mayor to execute said agreement. Resolution Approving a Final Map Supplemental Subdivision Improvement Agreement for Chula Vista Tract 98-04, McMillin Otay Ranch SPA One, Phase 3 and authorizing the Mayor to execute said agreement. SUBMITTED BY: Director ofPubl~c Works r REVIEWED BY: City Manager ~ ~{/v f-" (4/5ths Vote: Yes_No X) (-aI Tonight, Council will be considering the approval of a Final Map, Subdivision Improvement Agreement, and Supplemental Subdivision Improvement Agreement for Phase 3 of Chula Vista Tract 98-04. Said map contains two "super block" lots which will require the subsequent filing of final "B" maps, one Condominium lot (maximum of 201 units) which will require subsequent Design Review approval of the proposed project, and eight open space lots. RECOMMENDATION: That Council approve the Resolutions approving a Final map, Subdivision Improvement Agreement, and Supplemental Subdivision Improvement Agreement for the McMillin Otay Ranch, SPA One, Phase 3 project. DISCUSSION: On June 9, 1998, by Resolution 19034, City Council approved the Tentative Subdivision Map for a portion of Villages 1 and 5 of the McMillin Otay Ranch project, Chula Vista Tract 98-04 (see Attachment 1). The developer has requested the approval of a final map for a portion of CVT No. 98-04, covering a portion ofthe Tentative Map located south of East Palomar Street (see Attachment 2). The final map consists of the following: /51 Page 4, Item- Meeting Date 11/16/99 er of Lots of No. of n Space No. of Total "Superblock1" Condominium2 r Public Total Lots Lots Lots es Acreage 11 2 (33.36 acres) 1 (11.007 acres) 8 (16.95 acres) 76.896 \. - Requires filing of subsequent "8" maps 2. - Condominium lot has a maximum of 201 units - Requires subsequent Design Review approval The Final Map has been reviewed by the Department of Public Works and the Planning and Building Department and found to be in substantial confonnance with the approved tentative map. All required fees and/or deposits specific to this map have been collected. Approval of the map constitutes acceptance by the City of all sewer, drainage, general utility and access, sidewalk, landscaping and maintenance easements granted on said map. The Dedications for Olympic Parkway and La Media Road are being rejected on the proposed map. These streets will be accepted later, when their construction is completed in accordance with the "Agreement for Financing and Construction of Olympic Parkway And Related Roadway Improvements" ("Olympic Parkway Agreement") approved by Council Resolution No. 19410, Council's approval ofthe proposed map will also acknowledge the Irrevocable Offers of Dedication (IOD) of Fee Interests for Lots A through H for Open Space and Other Public Purposes. The City will accept those lots, excepting G and H, once the corresponding improvements are completed. Lots "G" and Lot "H" will remain in private property and will be maintained by a Homeowner's Association. Section 7050 of the Government Code provides that the City may accept an IOD at any time. It should be noted that Lots C and D would contain the future Poggi Canyon Channel and regional trail that runs adjacent to Olympic Parkway. Tonight, Council will also consider approving the Subdivision Improvement Agreement (SIA) for the completion of improvements required by said subdivision. The proposed SIA addresses the security requirements and installation of 1) onsite sewer and drainage improvements necessary to serve the proposed residential lots, and 2) survey monuments. As mentioned before, Olympic Parkway and La Media Road will be constructed pursuant to the Olympic Parkway Agreement, which outlines a financial plan for the construction of these roadways. In accordance with this agreement, construction and security for Olympic Parkway and La Media Road may occur at a later date. The developer has already provided a bond to guarantee the monumentation for said subdivision, Bonds are also posted securing construction ofthe backbone improvements (i.e., sewer, drainage) serving the subdivision. J ~ç/ ~ Page 4, Item- Meeting Date 11/16/99 The developer has also executed a Supplemental Subdivision Improvement Agreement (SSIA) to satisfy Condition Nos, 1,3,4,5,6, 7, 10, 29(b), 32,45,46,55,56,65,66,67,68,69, 70, 71, 73, 74, 76(c), 80, 95(a) through (g), 96, 100, 102, 106, 108, 111, 12, 113, 114, 115, 116, 117, 120, 121 and 123 of Resolution 19034. Staff considers that the SSIA satisfies all the applicable tentative map conditions for final map approval. All the conditions, excepting conditions 7 and 64 are addressed using typical language used in previous agreements. A short discussion on conditions 7 and 64 follows. Condition 7 requires that prior to the approval of each Final Map, the applicant shall comply with all applicable requirements of the Phase 2 Resource Management Plan (RMP). McMillin has already provided the City ofChula Vista and the County of San Diego with Irrevocable Offers of Dedication (IOD) of the fee title for 72.842 acres of real property, which meets their conveyance obligations under the current RMP (at a rate of 1.188 acres of conveyance per acre of development area within the subject map). The IOD would be accepted once the Preserve Maintenance District generates enough funds for maintaining said preserve land. In addition to conveying land, McMillin agrees to the following provisions in the SSIA: . Developer shall convey additional land, if necessary, to comply with a future amendment to the RMP that may contain a conveyance formula greater that 1,188 acre per acre of development. . All preserve land shall be granted in fee to the City of Chula Vista and County of San Diego as joint tenants. All conveyed land shall be free and clear of liens and encumbrances except for easements for existing public infrastructure and other easements approved by the City or for planned public infrastructure as permitted in the RMP. Developer further agrees to pay all taxes and assessments as they become due for the IOD land until title has been transferred to the City and County, . Developer shall grant to City and County the right to enter the property at anytime. In addition, developer shall submit annual biological reports to the City and County on the status of the habitat in the IOD land. The first report is due one year from the date of approval of this final map by Council and shall continue until the City and County accept fee title to the property, Condition 64 requires Developer to construct the Poggi Canyon Sewer Trunk improvements. In satisfaction of this condition developer agrees to the following: . The Olympic Parkway Agreement requires the Otay Ranch Company to construct the sewer improvements extending from the existing sewer improvements at Brandywine Avenue to Paseo Ranchero. That job was already bid and the Otay Ranch Company anticipates submitting the required security bonds shortly. In the SSIA, McMillin agrees that City shall not issued any building permit for any parcel within the subject map until construction ofthis segment of the sewerline has been secured. In addition, McMillin agrees that City shall not /5~ Page 4, Item- Meeting Date 11/16/99 issue any Certificate of Occupancy until said sewerline is completed and accepted by the City, . McMillin also agrees to construct the sewer improvements extending from Paseo Ranchero to La Media Road and has posted bonds securing their construction. It should be noted that the Olympic Parkway Agreement also requires the Otay Ranch Company to secure and construct the same Poggi Canyon Sewer improvements during 2000-2001. The SSIA contains provisions that, upon posting of adequate security by the Otay Ranch Company, will release McMillin from the obligation of constructing said sewer improvements. Existing geological conditions (i,e., deep alluvial deposits and high groundwater table combined with the proposed deep earthfill) for that portion of Olympic Parkway extending from Paseo Ranchero to La Media may result in long settling periods. This may delay the construction of permanent improvements (including sewer) for that segment of the road. In order to proceed with developing his property, McMillin proposes constructing a private temporary sewer along Olympic Parkway. Staff considers that a temporary sewer may be a viable alternative for providing interim sewer service and recommends Council approval. The SSIA contains the following provisions addressing maintenance and repair of the temporary sewer: . In consideration that the temporary sewer would be serving proposed residential developments, City will be responsible for performing (at City's cost) all routine cleaning and maintenance activities. Developer shall provide City with the necessary Permits from the underlying property owners to enter and maintain the temporary sewer. . Developer shall perform, at its sole cost and expense, any extraordinary repairs and/or maintenance, above and beyond the ordinary cleaning and maintenance (i.e., pipe breaks or any other problem resulting from the anticipated earthfill settlement), to the satisfaction of the City Engineer. Developer shall commence any Sewer Repair to the Temporary Sewer within 24 hours of notification by the City. If developer fails to commence the Sewer Repair within said 24-hour period or developer is not making a good faith and diligent effort to fix said problem (as determined by the City Engineer), City shall withhold issuance of any building permit and issue stop work orders on all previously issued building permits for any residential unit within the property. . Developer shall, at its sole cost and expense, complete the removal of the Temporary Sewer and provide a connection to the permanent Poggi Canyon Sewer Improvements, to the satisfaction of the City Engineer, within 90 days of the City Engineer notification to proceed with said removal. . The Developer has provided City with a cash deposit of $30,000 to secure his Sewer Repair obligations. If the event of developer's default, the City may use said monies to perform the necessary Sewer Repair. Developer also agrees that City may take any and all actions necessary, in order to obtain the funds necessary to complete the Sewer Repair. Developer /.:5-'1- Page 4, Item- Meeting Date 11/16/99 agrees to pay to the City the difference between the total cost incurred by the City to perform such maintenance work and any proceeds from the improvement security. Recently, developers have requested that City provide a method for assignment of obligations imposed as map conditions to a successor in interest (i.e., guest builders) without having to amend the approved SSIA and SIA (which will require additional Council action). The new provision would also allow the substitution of securities by the guest builders in place and stead of the original security posted by the master developer. In response to this request, staff proposes that the following clause be added to the proposed SSIA and SIA. This will authorize the City Manager to allow assignment of certain on-site obligations to the guest builder if there is no adverse impact to the City's interests, "Assignability. Upon request of the Developer, any or all on-site duties and obligations set forth herein may be assigned to Developer's successor in interest if the City Manager in hislher sole discretion determines that such an assignment will not adversely affect the City's interest. The City Manager in his/her sole discretion may, if such assignment is requested, permit a substitution of securities by the successor in interest in place and stead of the original securities described herein so long as such substituted securities meet the criteria for security as set forth elsewhere in this Agreement. Such assignment will be in a form approved by the City Attorney." If approved by Council, this language will be included in all future SSIA and SIA. The forms of the SSIA and SIA have been reviewed and approved by the City Attorney. The developer has already signed both agreements, FISCAL IMP ACT: None to the General Fund. Developer has paid all costs associated with the proposed final map and agreements. Attachments: Attachment I: CVT 98-04 Attachment 2: Plat -Final Map Attachment 3: Developer's Disclosure Statement H:\HOME\ENGINEER\LANDDEV\OT A YRNCH\1130R224Fr2.doc 1119/994:47 PM - .--- / S '-J -'-'-.' I , I , ' Attachment I i ."'" .'.,' .",' ," u if " , '" ; /;/ .', ':/ / ! l '~"""" . .. .."'~:::""..\,:::?;..~ìii:""" . '~'~~,,~~ , ."., ! ¡ 1 / "'" j.'" .». '., . ~f""""-~ ,,',," // I! !!! '--"".'"".;1 """'»"""'" '--"""'" \~~", fi '. .f.. / /- "" / '. \~\" .. .'.'/' , """\:-' ¡ ~ i /' 1 jf "'.' /' "'" . ',' "'\~ . ¡ i/,//, "'(n"",~. / ")'i """""- !" 'nn"'n"""~"n",.r / / '" /i ":~"r- 1//.... .'" ~ /~... . // / "'- "If". " If ì "- t"'""",// . \ t, "". J / 1\ ~,""'",,~, íI \ ..'. ~ "'.rA r.t: n."" ;{! Mo"'I.I.IN DrAY HA~"J,.,,/to'l ~-~ >f / "" ItA,. /to. IJ¡;~. '~;, <! ;' // "">".. f'>/ . '., ç 1'ñ'A"h10 ""~" /,' / ~ ~ "". '..:~~"~".'"""."""'~':',""Z"..:;~,""/{;"" ~ , ..;Øfß .,}øßf*~.,;PF /,..... ~ ,pf,'1""' -",.., .n:"::"""..'... ..../"""" ". ..",/".",. ...,.n ... .. ..' .."~",,., I I I I RICK ENGINEERING COMPANY : CIVILENGINEEAS.SURVEYORS.PLANNIR. CHULA VISTA TRACT NO. 98-D4 : 5620 FRIARS ROAD, SAN DIEGO McMILLIN OTA Y RANCH SPA " PHASE 3 ì CA. 92110-2596 PHONE. (619) 291-0101 -- crrYO!'"CHULA VISTA, CALIFORNIA fPROJECT NU~BER. 131260 /5 ~ .. TE OCTOBER 20, 1999 lJA I - Attachment 2 F"ÃOTIONÄL 4' 3 SCOTION 4 I T/~j¡.::W I ~ ~ 3: LOT I >¡::~ ~!:< :z' '" ..¡ C~~ 4 :z» ::¡-<~ -.1~~ ~ð ' ::o~o , w Ñ~ ~ ~> I I:) ~ -< ~ - ~ , . :t: "",t> ~t::" -r-' "':... ~~~ . _t> . '1 'i:i~-o ~Q~ CI-~'t ~ ~ ~ "1' 'i:i N SCALE: l' = 400' RICK ENGINEERING COMPANY CIVIL ENGINEERS. SURVEYORS. PLANNERS CHULA VISTA TRACT NO. 98-04 5620 FRIARS ROAD, SAN DIEGO McMILLIN OTA Y RANCH SPA I, PHASE 3 ~ I CA. 92110-2596 PHONE. (619) 291-0707 CITY OF CHULA VISTA, CALIFORNIA Ii i ,. .--.. ¡~POJECT NUMBER. / S .- 7 ~ /- 0 . . ,', TE. f¡ ...~,,- Attachment 3 CIT\ OF CHULA VISTA DISCLOSURE STATE.'1ENT You are required to filo a St.a.temem or' Disclosure or' certain ownership or 1Ïnancw interests. paymeou, or C&lDp8Ígn -:0DU1Ì:JUQ00ø OQ alllDllØen which will ~ di&cn:oooary acnon on the pan or' the City Cùuncù. PIannmg Commia.ion, and all other official bodie.. The followmg I1lformauon must be disclosed: " List the oamea of all persons havmg a IÌDancw interest 111 the propertY wruch is the subject of the applicacion or the COŒnICC, e.g., owner. applicant. ConLnlCU)r. subcomra.ctor. nwenal supplier. 00:. .,I,1';]i11"1 '~!"<Î" ="'iî"'1 , , If any penœ8 idcaified pursuant to (1) above is a corporation or partnership, list the oamea of all iDdividuaJa owning more than 10% of the sba.rea in the corporation or ownmg any partoerawp ÍDtere8t in the putœnhip. '!cMillin CompaniES. LLC (,50%) ~e~ced Partners ~:mitea Partnership \~O%) J. If any penœ8 ~ pursuaø to (1) above is. DCD-pO& orgmiz.arion or a truBt, list the oamea of any penœ serving as direccor of the non-profit organization or &8 trustee or beneñciary or tlUl;[or of the trust. 4. Have you had more than $250 worth of buaiDee. trmøacted with any member of the City staff, Bouda, CnmmiaaÍODl, COIDDllttees. and Couucù within the put twelve momhs'? Ycs- ~o-x. If yea, pleue iDdåcaIe penon( I ): 5. PIeuo ideotify C8à1 aod evtry penon. including agaD, empiayeee. consultants, or independeot Cootncton who you have uaigoad to repre8en1 you before the City in this matter. ":::'alg Fukuvama - Bob Pletcher t), Have you.mJor your officers or agents. 111 the aggregate. conuibuted more than $1.000 to a COUDCil member in the cuneot or preced.ing elecnon period? Yee- ~o- If Yes, state which Council member(1): . . . (NOTE: Attacl1 A .. Date: //)-/9- 91 President . &noo. is defined as: ':4ny individual. firm, co-pa1'11lership. jow VmlUre. associarion, social club, frøumm organization. corporanon, estale, (rust, receIver, sy",iiaue, (his and any other cOUI1ly, cily, or cOll1llry, city rrumicipalily. district, or other poÜliœi subdivision. or any other group or combinarion acTing as a unit. H: \HOME\EN G INEBIlIJ...ANDDEV\FORMS \DISC LOS E. FRM /3'3 RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING A FINAL MAP FOR CHULA VISTA TRACT 98-04 McMILLIN OTAY RANCH SPA ONE, PHASE 3, ACCEPTING ON BEHALF OF THE CITY OF CHULA VISTA THE EASEMENTS GRANTED ON SAID MAP WITHIN SAID SUBDIVISION, REJECTING ON BEHALF OF THE PUBLIC THE OFFERS OF DEDICATION FOR A PORTION OF OLYMPIC PARKWAY AND A PORTION OF LA MEDIA ROAD, ACKNOWLEDGING THE IRREVOCABLE OFFER OF DEDICATION OF FEE INTERESTS IN LOTS A, B, C, D, E, F, G AND H FOR OPEN SPACE AND OTHER PUBLIC PURPOSES ON SAID MAP WITHIN SAID SUBDIVISION, AND APPROVING SUBDIVISION IMPROVEMENT AGREEMENT FOR THE COMPLETION OF IMPROVEMENTS REQUIRED BY SAID SUBDIVISION, AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT The City Council of the city of Chula vista does hereby resolve as follows: NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula vista hereby finds that that certain map survey entitled CHULA VISTA TRACT 98-04, McMILLIN OTAY RANCH SPA ONE, PHASE 3, and more particularly described as follows: Being a subdivision of a portion of Quarter Section 12 and a portion of Quarter section 13 of Rancho de la Nacion, according to Map No. 166, filed in the office of the County Recorder of San Diego County, May 1, 1869, together with a portion of Parcel 4 of Parcel Map No. 18125, and together with a portion of La Media Road, in the City of Chula vista, County of San Diego, State of California. Area: 76.896 acres No. of Lots: 11 Numbered Lots: 3 Lettered Lots: 8 is made in the manner and form prescribed by law and conforms to the surrounding surveys; and that said map and subdivision of land shown thereon is hereby approved and accepted upon receipt by the City of Chula Vista of all improvement securities described in the Subdivision Improvement Agreement. BE IT FURTHER RESOLVED that said Council hereby rejects on behalf of the public the public streets, to-wit: La Media Road and Olympic Parkway, all as shown on said map. 1 ;5 /J -¡ BE IT FURTHER RESOLVED that said Council hereby accepts on behalf of the City of Chula vista the sewer and drainage easement as shown on said map within said subdivision. BE IT FURTHER RESOLVED that said Council hereby accepts on behalf of the City of Chula vista the landscape buffer easement as shown on said map within said subdivision. BE IT FURTHER RESOLVED that said Council hereby accepts on behalf of the City of Chula Vista the sidewalk easement as shown on this map within this subdivision. BE IT FURTHER RESOLVED that said Council hereby accepts on behalf of the City of Chula vista the maintenance easement as shown on this map within this subdivision. BE IT FURTHER RESOLVED that said Council hereby accepts on behalf of the City of Chula vista the regional trail easement as shown on said map within this subdivision. BE IT FURTHER RESOLVED that said Council hereby acknowledges on behalf of the City of Chula vista the Irrevocable Offer of Dedication of the Fee Interest of Lots A through H for open space and other public purposes. BE IT FURTHER RESOLVED that said Council hereby accepts on behalf of the public the assignable and irrevocable Public General utility and Access Easements, all as shown on said map within this subdivision. BE IT FURTHER RESOLVED that the City Clerk of the City of Chula vista be, and is hereby authorized and directed to endorse upon said map the action of said Council; that said Council has approved said subdivision map, and that said public streets are rejected on behalf of the public as therefore stated and that the Irrevocable Offer of Dedication of the fee interest of said lots be acknowledged and that those certain Assignable and Irrevocable General utility and Access Easements, sewer and drainage easements, landscape buffer easement, sidewalk easement, maintenance easement and regional trial easement as granted thereon and shown on said map within said subdivision are accepted on behalf of the City of Chula vista as hereinbefore stated. BE IT FURTHER RESOLVED that the City Clerk be, and is hereby directed to transmit said map to the Clerk of the Board of Supervisors of the County of San Diego. BE IT FURTHER RESOLVED that that certain Subdivision Improvement Agreement dated the day of , 1999, for the completion of improvements in said subdivision, a copy of which is attached hereto and by reference made a part hereof, the same as though fully set forth herein be, and the same is hereby approved. 2 /~tj/J /'; BE IT FURTHER RESOLVED that the Mayor of the city of Chula vista be, and he is hereby authorized and directed to execute said agreement for and on behalf of the City of Chula vista. Presented by Approved as to form by W11~ John P. Lippitt, Director of Joh. Kaheny, City Public Works Attorney H,\home\attorney\reso\orph3.fm 3 /_4 -; Recording Requested by: CITY CLERK When Recorded, Mail to: CITY OF CHULA VISTA 276 Fourth Avenue Chula Vista, Ca. 91910 No transfer tax is due as this is a conveyance to a public agency of less than a fee interest for which no cash consideration has been paid or received. Declarant SUBDIVISION IMPROVEMENT AGREEMENT THIS AGREEMENT, made and entered into this _day of , 199 -' by and between THE CITY OF CHULA VISTA, a municipal corporation, hereinafter called "City", and McMILLIN OTAY RANCH LLC, 2727 Hoover Avenue, National City, CA 91950, hereinafter called "Subdivider" with reference to the facts set forth below, which Recitals constitute a part of this Agreement¡ RECITALS: WHEREAS, Subdivider is about to present to the City Council of the City of Chula vista for approval and recordation, a final subdivision map of a proposed subdivision, to be known as McMillin Otay Ranch SPA 1, Phase 3, pursuant to the provisions of the Subdivision Map Act of the State of California, and in compliance with the provisions of Title 18 of the Chula vista Municipal Code relating to the filing, approval and recordation of subdivision map¡ and WHEREAS, the Code provides that before said map is finally approved by the Council of the City of Chula Vista, Subdivider must have either installed and completed all of the public improvements and/or land development work required by the Code to be installed in subdivisions before final maps of subdivisions are approved by the Council for purpose of recording in the Office of the County Recorder of San Diego County, or, as an alternative thereto, Subdivider shall enter into an agreement with City, secured by an approved improvement security to insure the performance of said work pursuant to the requirements of Title 18 of the Chula vista Municipal Code, agreeing to install and complete, free of liens at Subdivider's own expense, all of the public improvements and/or land development work required in said subdivision within a definite period of time prescribed by said Council¡ and 1 /3/1-' '/ WHEREAS, Subdivider is willing in consideration of the approval and recordation of said map by the Council, to enter into this agreement wherein it is provided that Subdivider will install and complete, at Subdivider's own expense, all the public improvement work required by City in connection with the proposed subdivision and will deliver to City improvement securities as approved by the City Attorney; and WHEREAS, a tentative map of said subdivision has heretofore been approved, subject to certain requirements and conditions, as contained in Resolution No. 19034, approved on the 9th day of June, 1998 ("Tentative Map Resolution"); and WHEREAS, complete plans and specifications for the construction, installation and completion of said public improve- ment work have been prepared and submitted to the City Engineer, as shown on Drawings set forth on Exhibit A and Exhibit B and on file in the office of the City Engineer; and WHEREAS, an estimate of the cost of constructing said public improvements according to said plans and specifications has been submitted and approved by the City in the amount as set forth on Exhibits A and B hereto and incorporated herein. NOW, THEREFORE, IT IS MUTUALLY UNDERSTOOD AND AGREED AS FOLLOWS: 1. Subdivider, for itself and his successors in interest, an obligation the burden of which encumbers and runs with the land, agrees to comply with all of the terms, conditions and requirements of the Tentative Map Resolution; to do and perform or cause to be done and performed, at its own expense, without cost to City, in a good and workmanlike manner, under the direction and to the satisfaction and approval of the City Engineer, all of the public improvement and/or land development work required to be done in and adjoining said subdivision, including the improvements described in the above Recitals ( "Improvement Work"); and will furnish the necessary materials therefor, all in strict conformity and in accordance with the plans and specifications, which documents have heretofore been filed in the Office of the City Engineer and as described in the above Recitals this reference are incorporated herein and made a part hereof. 2. It is expressly understood and agreed that all monuments have been or will be installed within thirty (30) days after the completion and acceptance of the Improvement Work, and that Subdivider has installed or will install temporary street name signs if permanent street name signs have not been installed. 3. It is expressly understood and agreed that Subdivider will cause all necessary materials to be furnished and all Improvement Work required under the provisions of this contract to be done on 2 ¿ÇA-~ or before the second anniversary date of Council approval of the Subdivision Improvement Agreement. 4. It is understood and agreed that Subdivider will perform said Improvement Work as set forth hereinabove, or that portion of said Improvement Work serving any buildings or structures ready for occupancy in said subdivision, prior to the issuance of any certificate of clearance for utility connections for said buildings or structures in said subdivision, and such certificate shall not be issued until the City Engineer has certified in writing the completion of said public improvements or the portion thereof serving said building or structures approved by the City; provided, however, that the improvement security shall not be required to cover the provisions of this paragraph. 5. It is expressly understood and agreed to by Subdivider that, in the performance of said Improvement Work, Subdivider will conform to and abide by all of the provisions of the ordinances of the city of Chula Vista, and the laws of the State of California applicable to said work. 6. Subdivider further agrees to furnish and deliver to the city of Chula vista, simultaneously with the execution of this agreement, an approved improvement security from a sufficient surety, whose sufficiency has been approved by the City in the sum as set forth on Exhibit A hereto to secure the payment of faithful performance in connection with the installation of said public improvements and made a part hereof. 7. Subdivider further agrees to furnish and deliver to the City of Chula Vista simultaneously with the execution of this agreement, an approved improvement security from a sufficient surety, whose sufficiency has been approved by the City in the sum as set forth on Exhibit B hereto to secure the payment of material and labor in connection with the installation of said public improvements and made a part hereof. 8. Subdivider further agrees to furnish and deliver to the City of Chula vista, simultaneously with the execution of this agreement, an approved improvement security from a sufficient surety, whose sufficiency has been approved by the City in the sum of Eighteen Thousand Dollars and No Cents ($18,000.00) to secure the installation of monuments, which security is attached hereto, marked Exhibit "C" and made a part hereof. 9. It is further agreed that if the Improvement Work is not completed within the time agreed herein, the sums provided by said improvement securities may be used by City for the completion of the Improvement Work within said subdivision in accordance with such specifications herein contained or referred, or at the option of the City, as are approved by the City Council at the time of engaging the work to be performed. Upon certification of 3 ¡ç'/) -- ¿, completion by the City Engineer and acceptance of said work by City, and after certification by the Director of Finance that all costs hereof are fully paid, the whole amount, or any part thereof not required for payment thereof, may be released to Subdivider or its successors in interest, pursuant to the terms of the improvement security. Subdivider agrees to pay to the City any difference between the total costs incurred to perform the work, including design and administration of construction (including a reasonable allocation of overhead), and any proceeds from the improvement security. 10. It is also expressly agreed and understood by the parties hereto that in no case will the City of Chula Vista, or any department, board or officer thereof, be liable for any portion of the costs and expenses of the work aforesaid, nor shall any officer, his sureties or bondsmen, be liable for the payment of any sum or sums for said work or any materials furnished therefor, except to the limits established by the approved improvement security in accordance with the requirements of the State Subdivision Map Act and the provisions of Title 18 of the Chula vista Municipal Code. 11. It is further understood and agreed by Subdivider that any engineering costs (including plan checking, inspection, materials furnished and other incidental expenses) incurred by City in connection with the approval of the Improvement Work plans and installation of Improvement Work hereinabove provided for, and the cost of street signs and street trees as required by City and approved by the City Engineer shall be paid by Subdivider, and that Subdivider shall deposit, prior to recordation of the Final Map, with City a sum of money sufficient to cover said cost. 12. It is understood and agreed that until such time as all Improvement Work is fully completed and accepted by City, Subdivider will be responsible for the care, maintenance of, and any damage to, the streets, alleys, easements, water and sewer lines within the proposed subdivision. It is further understood and agreed that Subdivider shall guarantee all public improvements for a period of one year from date of final acceptance and correct any and all defects or deficiencies arising during said period as a result of the acts or omission of Subdivider, its agents or employees in the performance of this agreement, and that upon acceptance of the work by City, Subdivider shall grant to City, by appropriate conveyance, the public improvements constructed pursuant to this agreement i provided, however, that said acceptance shall not constitute a waiver of defects by City as set forth hereinabove. 13. It is understood and agreed that City, as indemnitee, or any officer or employee thereof, shall not be liable for any injury to person or property occasioned by reason of the acts or omissions of Subdivider, its agents or employees, or indemnitee, related to 4 /f/J - ? this agreement. Subdivider further agrees to protect and hold the City, its officers and employees, harmless from any and all claims, demands, causes of action, liability or loss of any sort, because of or arising out of acts or omissions of Subdivider, its agents or employees, or indemnitee, related to this agreement; provided, however, that the approved improvement security shall not be required to cover the provisions of this paragraph. Such indemnification and agreement to hold harmless shall extend to damages to adjacent or downstream properties or the taking of property from owners of such adjacent or downstream properties as a result of the construction of said subdivision and the public improvements as provided herein. It shall also extend to damages resulting from diversion of waters, change in the volume of flow, modification of the velocity of the water, erosion or siltation, or the modification of the point of discharge as the result of the construction and maintenance of drainage systems. The approval of plans providing for any or all of these conditions shall not constitute the assumption by City of any responsibility for such damage or taking, nor shall City, by said approval, be an insurer or surety for the construction of the subdivision pursuant to said approved improvement plans. The provisions of this paragraph shall become effective upon the execution of this agreement and shall remain in full force and effect for ten (10) years following the acceptance by the City of the improvements. 14. Subdivider agrees to defend, indemnify, and hold harmless the City or its agents, officers, and employees from any claim, action, or proceeding against the City or its agents, officers, or employees to attack, set aside, void, or annul, an approval of the City, advisory agency, appeal board, or legislative body concerning a subdivision, which action is brought within the time period provided for in section 66499.37 of the Government Code of the state of California. 15. Assignability. Upon request of the Subdivider, any or all on-site duties and obligations set forth herein may be assigned to Subdivider's successor in interest if the City Manager in his/her sole discretion determines that such an assignment will not adversely affect the City's interest. The City Manager in his/her sole discretion may, if such assignment is requested, permit a substitution of securities by the successor in interest in place and stead of the original securities described herein so long as such substituted securities meet the criteria for security as set forth elsewhere in this Agreement. Such assignment will be in a form approved by the City Attorney. (NEXT PAGE IS SIGNATURE PAGE) 5 /S4-ð-' SIGNATURE PAGE TO SUBDIVISION IMPROVEMENT AGREEMENT McMILLIN OTAY RANCH SPA 1. PHASE 3 IN WITNESS WHEREOF. the parties hereto have caused this agreement to be executed the day and year first hereinabove set forth. THE CITY OF CHULA VISTA McMillin Otay Ranch LLC, a Delaware limited liability company By: McMillin Companies, LLC a Delaware limited liability company Its: Managing Member f BY:~ Mayor of the City of Chula Vista ATTEST ::le~ City Clerk Approved as to form by Title: \I.P- City Attorney (Attach Notary Acknowledgement) J~~--/ EXHIBIT A McMILLIN OTAY RANCH SPA 1, PHASE 3 Faithful Perfo~ance Description Drawing Cost Estimate Numbers Portion of Sewer located in 99-1525 to 99- $50,347.50 Lot 1 to serve Lot 3 1537 Portion of Sewer located along 99-711 to 99- $43,401.50 Poggi Canyon Channel to La 723 Media Road 7 J-M --; P EXHIBIT B McMILLIN OTAY RANCH SPA 1, PHASE 3 Material and Labor Description Drawing Cost Estimate Numbers Portion of Sewer located in 99-1525 to 99- $50,347.50 Lot 1 to serve Lot 3 1537 Portion of Sewer located along 99-711 to 99- $43,401.50 Poggi Canyon Channel to La 723 Media Road 8 /--V-// EXHIBIT "C" McMILLIN OTAY RANCH SPA 1, PHASE 3 Improvement Security - Monuments: Form: Bond Amount: $18,000 Securities approved as to form and amount by City Attorney Improvement Completion Date: Two (2) years from date of City Council approval of the Subdivision Improvement Agreement H:\home\attorney\sia\McMill.3 9 /M -Jc2 RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING SUPPLEMENTAL SUBDIVISION IMPROVEMENT AGREEMENT FOR TRACT 98-04, McMILLIN OTAY RANCH SPA ONE, PHASE 3, AND AUTHORIZING THE MAYOR TO EXECUTE SAME WHEREAS, the developer for McMillin Otay Ranch SPA One, Phase 3, has executed a Supplemental Subdivision Improvement Agreement (SSIA) to satisfy Condition Nos. 1, 3, 4, 5, 6, 7, 10, 29(b), 32, 45, 46, 55, 56, 65, 66, 67, 68, 69, 70, 71, 73, 74, 76(c), 80, 86, 95(a) through (g), 96, 100, 102, 106, 108, Ill, 112, 113, 114, 115, 116, 117, 120, 121, and 123 of Resolution 19034; and WHEREAS, staff has reviewed said Agreement and determined that it satisfies all the applicable tentative map conditions for final map approval and recommends Council approval. NOW, THEREFORE, BE IT RESOLVED the City Council of the City of Chula vista does hereby approve the Supplemental Subdivision Improvement Agreement for Tract 98-04 McMillin Otay Ranch SPA One, Phase 3, a copy of which is on file with the office of the City Clerk. BE IT FURTHER RESOLVED that the Mayor of the City of Chula vista is hereby authorized and directed to execute said Agreement for and on behalf of the City of Chula vista. Presented by Approved as to form by ~~c~ J .- John P. Lippitt, Director of John. Kaheny, cit Public Works Attorney H:\home\attorney\reso\ORPH2un7.fm "--0 I J---~ b -' RECORDING REQUEST BY: ) ) City Clerk ) ) WHEN RECORDED MAIL TO: ) ) CITY OF CHULA VISTA ) 276 Fourth Avenue ) Chula Vista, CA 91910 ) ) No transfer tax is due as this is ) conveyance to a public agency of ) less than a fee interest for which ) no cash consideration has been paid ) or received. ) ) ) ) Developer ) ) Above Space for Recorder's Use McMILLIN OTAY RANCH SPA ONE VILLAGE FIVE SUPPLEMENTAL SUBDIVISION IMPROVEMENT AGREEMENT SPA ONE PHASE THREE (Conditions 1, 3, 4, 5, 6, 7, 10, 29 (b), 32, 45, 46, 55, 56, 64, 65, 66, 67, 68, 69, 70, 73 76 (c), 80, 95 (a), 95 (b), 95 (c), 95 (d), 95 (e), 95(f), 95(g) 96, 102, 106, 108, 111, 112, 113, 114, 115, 116, 117, 120, 121, and 123) This Supplemental Subdivision Improvement Agreement ("Agreement") is made this - day of , 1999, by and between THE CITY OF CHULA VISTA, California (" Ci ty" or "Grantee") and McMillin Otay Ranch LLC, a Delaware limited liability Company, ("Developer" or "Grantor"), with reference to the facts set forth below, which recitals constitute a part of this Agreement: RECITALS A. This Agreement concerns and affects certain real property located in Chula Vista, California, more particularly described on Exhibit "A" attached hereto and incorporated herein ("referred to herein as "Property"). B. The City has approved, by Resolution No. 19034 ("Resolution"), a Tentative Subdivision Map commonly referred to H:\SHARED\A TTORNEY\OR224FSS, WPD 1 November 11, 1999 /~5 15 -Á as Chula Vista Tract 98-04 ("Tentative Subdivision Map") for the subdivision of the McMillin Otay Ranch Property, subject to certain conditions as more particularly described in the Resolution. The Conditions are attached hereto as Schedule 1. c. Developer has requested a final map for a portion of the Property, and for what is commonly known as Phase Three of McMillin Otay Ranch. For purposes of this Agreement the term "Project" shall also mean "Property." D. City is willing, on the premises, security, terms and conditions herein contained to approve the final map for which Developer has applied ( "Final Map") as being in substantial conformance with the Tentative Subdivision Map conditions, as described above. Developer understands that subsequent final maps may be subject to the same conditions. E. On October 6, 1998, City Council, pursuant to Resolution No. 19208, approved the McMillin Otay Ranch Spa One Village Five Supplemental Subdivision Improvement Agreement - First Final B Map ("Previous Agreement")which touched and concerned the Property. F. The following defined terms shall have the meaning set forth herein, unless otherwise specifically indicated: 1. "commencing construction" means when a construction permit or other such approval has been obtained from the City or a construction contract has been awarded for the improvement, whichever occurs first. 2. "complete construction" means when construction on an improvement has been completed and the City has accepted the improvement. 3. "guest builder" means those entities obtaining any interest in the Property or a portion of the Property, after this "B" Map has been recorded. 4. "Owner" or "Developer" means the person, persons, or entity having a legal or equitable interest in the Property, or parts thereof, and includes Developer's successors-in-interest and asslgns. 5. "PFFP" means the SPA I Public Facilities Financing Plan adopted by Resolution No. 18286, amended on October 6, 1998 by Resolution No. 19201 and on April 2 0, 1999 by Resolution No. 19408 and as may be amended from time to time. H:\SHARED\A TTORNEY\OR224FSS, WPD 2 November 11,1999 j,çg .y 6. "RMP Phase 2" means the Otay Ranch Resource Management Plan Phase 2, approved by the City Council on June 4, 1996, as may be amended from time to time. 7. "Olympic Parkway Agreement" means the Agreement for Financing and Construction of Olympic Parkway and Related Roadway Improvements approved on April 20, 1999, by City Council Resolution No. 19410. 8. "Poggi Canyon Sewer Segment 1 Improvements" means the future permanent Poggi Canyon Sewer Trunk improvements extending from Brandywine Avenue to Paseo Ranchero, as will be depicted in Chula Vista Drawings approved by the City. 9. "Poggi Canyon Sewer Segment 2 Improvements" means the future permanent Poggi Canyon Sewer Trunk improvements extending from Paseo Ranchero to La Media, as will be depicted in Chula Vista Drawings approved by the City. 10. "Sewer Maintenance" means to furnish, or the furnishing of, services and materials for the ordinary cleaning and routine maintenance of sewer improvements. 11. "Sewer Repair" means to furnish, or the furnishing of, services and materials for the extraordinary repair and/or maintenance of sewer improvements, above and beyond the ordinary cleaning and routine maintenance of sewer improvements, as determined by the City Engineer. NOW, THEREFORE, in exchange for the mutual covenants, terms and conditions herein contained, the parties agree as set forth below. 1. Agreement Applicable to Subsequent Owners. a. Agreement Binding Upon Successors. This Agreement shall be binding upon and inure to the benefit of the successors, assigns and interests of the parties as to any or all of the Property, as described on Exhibit "A", until released by the mutual consent of the parties. b. Agreement Runs with the Land. The burden of the covenants contained in this Agreement ("Burden") benefit and burden the Property, its successors and assigns and any successor in interest thereto as well as benefit the City. City is deemed the beneficiary of such covenants for and in its own right and for the purposes of protecting the interest of the community and other H:\SHARED\A TIORNEY\OR224FSS. WPD 3 November 11,1999 / ~t([f r '/ parties public or private, in whose favor and for whose benefit of such covenants running with the land have been provided without regard to whether City has been, remained or are owners of any particular land or interest therein. If such covenants are breached, the City shall have the right to exercise all rights and remedies and to maintain any actions or suits at law or in equity or other proper proceedings to enforce the curing of such breach to which it or any other beneficiaries of this Agreement and the covenants may be entitled. c. Developer Release on Guest Builder Assignments. If Developer assigns any portion of the Property or Project to a guest builder, Developer may request to be released from Developer's obligations under this Agreement, that are expressly assumed by the guest builder¡ provided Developer obtains the prior written consent of the City to such release. Such assignment to the guest builder shall, however, be subject to this Agreement and the Burden of this Agreement shall remain a covenant running with the land. The City shall not withhold its consent to any such request for a release so long as the assignee acknowledges that the Burden of the Agreement runs with the assignee's land, assumes the obligations of the Developer under this Agreement, and demonstrates, to the satisfaction of the City, its ability to perform its obligations under this Agreement. d. Partial Release of Developer's Assignees. If Developer assigns any portion of the Property or the Project subject to the Burden of this Agreement, upon request by the Developer or its assignee, the City shall release the assignee of the Burden of this Agreement as to such assigned portion if the requirements of this Agreement has been met to the satisfaction of the City and the City determines, in its sole discretion, that and such partial release, will not jeopardize the satisfactory performance of the remainder of the Burden. e. Release of Individual Lots. Upon conveyance of a residential lot to a buyer of an individual housing unit, Developer may have the right to obtain a release for such lot from the Developer's obligations under this Agreement, provided Developer obtains the prior written consent of the City to such release. The City shall not withhold its consent to such release so long as the City finds that the Developer is in compliance with the terms of this Agreement and that such partial release will not jeopardize the City's assurance that the obligations set forth in this Agreement will be performed. 2. Condition No. 1 - (General Preliminary). In satisfaction of Condition 1 of the Resolution, Developer hereby agrees to H:\SHARED\A TTORNEY\OR224FSS. WPD 4 November 11, 1999 /-5 If ~,-- comply with the requirements and guidelines of the Parks, Recreation, Open Space and Trails Plan, PFFP, McMillin's Affordable Housing Agreement, and the Non-Renewable Energy Conservation Plan, as may be amended from time to time, and shall remain in compliance with and implement the terms, conditions and provisions of said documents. 3. Condition No. 3 - (General Preliminary). In satisfaction of Condition No. 3 of the Resolution, Developer agrees that if any of the terms, covenants or conditions contained within the Resolution shall fail to occur or if they are, by their terms, to be implemented and maintained over time, if any of such conditions fail to be so implemented and maintained according to their terms, the City shall have the right to deny the issuance of building permits for the Property, deny, or further condition the subsequent approvals that are derived from the approvals herein granted, institute and prosecute litigation to compel their compliance with said conditions or seek damages for their violation. The Developer shall be notified ten (10) days in advance prior to any of the above actions being taken by the City and shall be given the opportunity to remedy any deficiencies identified by the City within a reasonable period of time. 4. Condition No. 4 - (General Preliminary). In satisfaction of Condition 4 of the Resolution, Developer hereby agrees, that Developer shall comply with all applicable SPA conditions of approval. 5. Condition No. 5 - (General Preliminary). In satisfaction of Condition 5 of the Resolution, Developer hereby agrees that any and all agreements that the applicant is required to enter in hereunder, shall be in a form approved by the City Attorney. 6. Condition No. 6 - (Environmental). In satisfaction of Condition No. 6 of the Resolution, the Developer hereby agrees to implement all applicable mitigation measures identified in EIR 95- 01, the CEQA Findings of Fact for the Property and the Mitigation Monitoring and Reporting Program. 7. Condition No. 7 - (Environmental). In satisfaction of Condition No. 7 Developer agrees as follows: a. The Developer provided the City with an Irrevocable Offer of Dedication of Fee Interest ("IOD"), which includes 72.842 acres of real property in accordance with the RMP 2, which satisfies the acreage conveyance obligation of the Final Map at a rate of 1.188 acres of conveyance per acre of development area within the Final Map, as of the date of this Agreement which H:\SHARED\A TTORNEY\OR224FSS, WPD 5 November 11,1999 15ß ~¡; obligation may be subject to change in accordance with paragraph 7c. A summary of the conveyance and a copy of the Irrevocable Grants of Fee Title are attached as Exhibit liB II of this agreement. b. That Developer shall convey additional real property if necessary in order to comply with the conveyance formula described in RMP Phase 2, as may be amended by City. Developer acknowledges that the amended RMP Phase 2 may contain a conveyance formula greater than 1.188 acres per developable acre. c. That all land to be conveyed as described above shall be free and clear of liens and encumbrances except for easements for existing public infrastructure and other easements approved by the City or for planned public infrastructure as permitted in the RMP Phase 2. Developer further agrees to pay all taxes and assessments as they came due as to the land to be conveyed until title has legally transferred to the City and County of San Diego. d. Developer acknowledges that property within the boundaries of the Final Map which will be the subject of future final maps may have conveyance obligations to fulfill for all development areas including applicable streets, open space lots, paseos, pedestrian parks and slope areas shown on the Final Map. e. Developer shall grant on the laD to the City and County the right to enter the property, as described in the laD, at anytime. f. The developer shall annually submit a biological report to the City and County on the status of the habitat in the laD property with the first report submitted one year from the date of approval of the Final Map by the City Council, until fee title to the property is accepted by the paM. g. The developer further agrees that any Land to be conveyed by the developer for the Otay Ranch Preserve shall be maintained by the developer until such time as the City, County and Preserve Owner Manager accepts the Land. 8. Condition No. 10 - (Wall Plan). In satisfaction of Condition 10 of the Resolution, Developer shall submit wall plans and obtain approval of the Director of Planning and Building for the area south of East Palomar under Developer's ownership (inclusive of Neighborhoods R-12E, R-40 to R-45, and Park P-7) prior to design review approval for Neighborhood R-40 or prior to approval of a final B map for Neighborhoods R-41 or R-42, whichever occurs earlier. 9. Condition No. 29(b) - (Not Protest Formation of any Future Regional Benefit Assessment District to Finance the Light Rail Transit). In satisfaction of Condition No. 29 (b) of the Resolution, Developer hereby agrees not to protest the formation and inclusion of the Property in a regional benefit assessment to finance the H:\SHARED\A TTORNEY\OR224FSS, WPD 6 November 11, 1999 /_ç If -) construction of the Light Rail Transit. This agreement to not protest the inclusion of these public improvements shall not be deemed a waiver of the right to challenge the amount of any assessment which may be imposed due to addition of these new improvements and shall not interfere with the right of any person to vote in a secret ballot election. 10. Condition No. 32 - (ADA Standards). In satisfaction of Condition No. 32 of the Resolution, the Developer hereby agrees that in the event the Federal Government adopts ADA standards for street rights-of- way which are in conflict with existing standards and approvals of the City, Developer shall be required to comply with the new ADA standards adopted by the Federal Government. Unless otherwise required by federal law, City ADA standards may be considered vested, as determined by Federal Regulations, only after construction has commenced. 11. Condition No. 45 - (Grading). In satisfaction of Condition No. 45, in conjunction with the "as built" grading plans, the Developer hereby agrees to provide a list of proposed lots within the applicable grading plans indicating whether the structures to be constructed on said lots will be located on fill, cut, or at transition between the two situations. 12. Condition No. 46 - (NPDES). In satisfaction of Condition No. 46 of the Resolution, Developer shall comply with all the provisions of the National Pollutant Discharge Elimination System (NPDES) and the Clean Water Program. 13. Condition No. 56 - (Landscape and Irrigation plans) In partial satisfaction of Condition No. 56 of Resolution the Developer agrees to obtain approval of landscape/irrigation plans prior to approval of the street improvement plans for Neighborhoods R-40, 41, and 42. Further, Developer hereby agrees to provide, prior to the issuance of grading permit No. OR225G for the Property, security bonds, in the amounts determined by the Director of Planning and Building, to guarantee the landscaping and irrigation improvements for Open Space Lots "A" through "H". 14. Condition No. 64 - (Poggi Canyon Sewer). In satisfaction of Condition 64 Developer agrees to the following: a. Poggi Canyon Sewer Segment 1 Improvements. The Olympic Parkway Agreement requires a third party to provide security and construct the Poggi Canyon Sewer Segment 1 Improvements. Developer acknowledges and agrees that construction of the Poggi Canyon Sewer Segment 1 Improvements is required to serve residential units within the Property. Therefore, Developer H:\SHARED\A TTORNEY\OR224FSS, WPD 7 November 11, 1999 J5.ó"Y hereby agrees that City shall have the absolute and unfettered right to withhold issuance of any building permit, except for those of model homes, for any parcel within the Property until adequate security for the Poggi Canyon Sewer Segment improvements has been provided in accordance with the OlYmpic Parkway Agreement. Further, Developer hereby agrees that City shall have the absolute and unfettered right to withhold issuance of a Certificate of Occupancy for any parcel within the Property until the construction of the Poggi Canyon Sewer Segment 1 Improvements has been completed and accepted by the City. b. Poggi Canyon Sewer Segment 2 Improvements. Developer agrees to construct, at its sole expense, the Poggi Canyon Sewer Segment 2 Improvements. Developer shall construct said improvements in strict conformity and in accordance with future plans and specifications approved by the City. Developer shall Complete Construction of the Poggi Canyon Sewer Segment 2 Improvements not later than April 25, 2002. The City Engineer, in his/her sole discretion, may extend said Completion of Construction dates up to one (1) year provided that Developer, in the opinion of the City Engineer, has diligently pursued the construction of said improvements. It is expressly understood and agreed to by Developer that, in the performance of construction of said Poggi Canyon Sewer Segment 2 Improvements, Developer shall conform to and abide by all of the provisions of the ordinances, standards and policies of the City of Chula Vista, the laws of the State of California and federal law as applicable to said work. c. Poggi Canyon Sewer Segment 2 Improvements Bonding. i. Concurrent with the execution of this agreement, developer agrees to furnish and deliver to the City of Chula Vista, and to thereafter maintain until City's acceptance of the Poggi Canyon Sewer Segment 2 Improvements, improvement securities from a sufficient surety, whose sufficiency has been approved by the City Engineer and City Attorney, to guarantee the installation and faithful performance of the Poggi Canyon Sewer Segment 2 Improvements and to secure the paYment of material and labor in connection with such installation in accordance with paragraph 45. below and in the amount set forth in Exhibit IICII. ii. Developer acknowledges and agrees that if the Poggi Canyon Sewer Segment 2 Improvements are not completed within the time agreed herein, the sums provided by said improvement securities may be used by City for the completion of the said improvements in accordance with those plans and specifications approved by the City, or at the option of the City, for such improvements that are less than, but not greater than, the sums provided by said improvement securities. Developer also agrees H:\SHARED\A TTORNEY\OR224FSS. WPD 8 November 11, 1999 ¡S[f,-j that the City may take any and all actions necessary, in order to obtain the funds necessary for completion of the Poggi Canyon Sewer Segment 2 Improvements. Upon certification of completion by the City Engineer and Director of Planning and Building and acceptance of said work by the City, and after certification by the Director of Public Works that all costs hereof are fully paid, the whole amount, or any part thereof not required for paYment thereof, may be released to the Developer or its successors in interest, pursuant to the terms of the improvement security. Developer agrees to pay to the City any difference between the total costs incurred to perform the work, including but not limited to reasonable design and administration of construction in substantial conformance with the approved plans ( inc 1 uding a reasonable allocation of overhead), and any proceeds from the improvement security. iii. The City Engineer may, in his/her sole discretion, reduce the bond requirements, described herein, by an appropriate amount determined by the City Engineer if it is determined by the City Engineer that the construction cost of the Poggi Canyon Sewer Segment 2 Improvements has been reduced. d. Developer1s Costs and Expenses. It is also expressly agreed and understood by the parties hereto that in no case will the City or any department, board or officer thereof, be liable for any portion of the costs and expenses of the work aforesaid, nor shall the City or the City's officer, sureties or bondsmen, be liable for the paYment of any sum or sums for said work or any materials furnished therefor. e. Construction of Poggi Canyon Sewer Segment 2 Improvements by Others. City acknowledges that the OlYmpic Parkway Agreement requires a third party to provide security and construct the Poggi Canyon Sewer Segment 2 Improvements. Upon submission to the City of sufficient security by such third party, whose sufficiency has been determined by the City Engineer and the City Attorney, guaranteeing the construction of said improvements, and meeting the OlYmpic Parkway Agreement Requirements, Developer will be released from the obligation of constructing the Poggi Canyon Sewer Segment 2 Improvements and shall have the right to obtain a release of the security bonds provided pursuant to the provisions of this section. The City shall not withhold its consent to such release so long as the City finds that the Developer is in compliance with the terms of this Agreement and that such release will not jeopardize the City's assurance that the obligations set forth in this agreement will be performed. H:\SHARED\A TTORNEY\OR224 FSS. WPD 9 November 11,1999 /5ß/)IJ f. Temporary Poggi Canyon Sewer. As an interim measure prior to constructing the permanent Poggi Canyon Sewer Segment 2 Improvements, Developer agrees to the following: i. Construction. Developer shall construct a private temporary sewer extending from Paseo Ranchero to La Media Road ( II Temporary Sewer II) . Developer shall construct said Temporary Sewer in strict conformity and in accordance with plans and specifications approved by the City Engineer. Developer understands and agrees that City shall have the absolute and unfettered right to withhold issuance of a Certificate of Occupancy for any parcel within the Property until the Temporary Sewer is complete and fully operational as determined by the City Engineer. ii. Sewer Maintenance. City agrees that Sewer Maintenance of the Temporary Sewer will be performed by the City at City I s sole cost and expense. Prior to issuance of the first Certificate of Occupancy for any parcel within the Property, Developer agrees to provide City with executed Permits to Enter and Maintain (IIPermitsll), from any underlying fee owner, for the purposes of performing Sewer Maintenance of the Temporary Sewer. Said Permits shall be in a form approved by the City Engineer and City Attorney. City shall have no duty to perform sewer maintenance of the temporary sewer if Developer fails to timely provide City with all necessary Permits. iii. Sewer Repair. Developer acknowledges and agrees that the Temporary Sewer may require extraordinary repairs and/or maintenance above and beyond the ordinary cleaning and routine maintenance of sewer improvements as determined by the City Engineer. Developer hereby agrees to perform, at its sole cost and expense, all Sewer Repair to the Temporary Sewer to the satisfaction of the City Engineer until such time as the construction of the permanent Poggi Canyon Sewer Segment 2 Improvements have been completed and accepted by the City and the Temporary Sewer has been removed in accordance with Section 14.f.iv below. Developer further agrees that the City Engineer shall be solely responsible for determining the Sewer Repair activities that shall be the responsibility of the Developer. Developer covenants and agrees to commence and diligently perform any Sewer Repair to the Temporary Sewer within 24 hours of notification by the City. If Developer fails to commence repair work within 24 hours, fails to make a good faith and diligent effort or fails to complete such Sewer Repairs within a reasonable period of time as determined by the City Engineer, Developer agrees that the City shall have the absolute and unfettered right to withhold issuance of any building permits and to issue stop work orders on all previously issued building permits for any residential unit within the property. H:\SHARED\A TTORNEY\OR224FSS. WPD 10 November ll, 1999 ~š¡f.- / / iv. Removal. Developer understands and agrees that the Temporary Sewer is being constructed to service only the Property and only until such time as the permanent Poggi Canyon Sewer Segment 2 Improvements are completed as provided in this Agreement. Therefore, Developer hereby agrees to complete the removal of the Temporary Sewer and to provide a connection to the permanent Poggi Canyon Sewer Segment 2 Improvements, to the satisfaction of the City Engineer, within 90 days of the City Engineer notification to proceed with said removal. The City Engineer, in his/her sole discretion, may extend said removal period for a reasonable amount of time, provided that Developer, in the opinion of the City Engineer, has diligently pursued the removal of said Temporary Sewer. Developer shall be solely responsible for removing , at its sole cost and expense, the Temporary Sewer and for providing the connection to the permanent Poggi Canyon Sewer Segment 2 Improvements. The City Engineer may, at his/her sole discretion, approve an alternative method to removing the Temporary Sewer, such as abandonment and partial removal. v. Securities. Developer shall provide the City with improvement securities in accordance with paragraph 45. below and in the amounts set forth on Exhibit IICII to guarantee Developer's Sewer Repair obligations hereunder. Developer acknowledges and agrees that if the Sewer Repair work is not commenced and completed within the time agreed herein, the sums provided by such improvement securities may be used by the City to perform the necessary Sewer Repair. Developer also agrees that City may take any and all actions necessary, in order to obtain the funds necessary to complete the Sewer Repair. Developer agrees to pay to the City the difference between the total cost incurred by the City to perform such Sewer Repair and any proceeds from the improvement security. g. Sewer Pump Station Alternative. As an alternative to the gravity sewer line the Developer may propose the construction of the sewage pump station shown on the tentative map. Prior to the issuance of any grant of approval for the construction of said IIpump stationll and associated improvements, the Developer shall comply with all the requirements for Council Policy No. 570-03 (Sewage Pump Station Financing Policy). In addition to the requirements imposed by said Council Policy No. 570-03, the Developer shall accomplish the following: i. Provide an emergency storage reservoir. The design, capacity and location of said reservoir shall be approved by the City Engineer. ii. Deposit with the City, prior to the issuance of any grant of approval for the construction of said IIpump stationll and associated improvements, a cash bond or other type of improvement security approved and in an amount to be determined by the City H:\SHARED\A TTORNEY\OR224FSS. WPD 11 November 11, 1999 /_5 ß'- / 2.. Engineer to secure, upon construction of the Poggi Canyon Sewer Trunk, the following activities: (1) removal of the pump station improvements, and (2) connection by gravity to the future Poggi Canyon Sewer Trunk. iii. Provide funding for the update to the Telegraph Canyon Trunk Sewer Pumped Flows DIF. Said update shall be prepared by the City, as directed by the City Engineer, and approved by City Council prior to the issuance of any grant of approval for the construction of said IIpump stationll and associated improvements. The Developer shall not receive credits towards future fees for funding this update. All costs of performing said update shall be borne by the Developer. 15. Condition No. 65 - (Poggi Canyon Sewer Development Impact Fee Update). Developer has requested that the City allow satisfaction of Condition No. 65 to be continued until such time as the City completes and approves the Poggi Canyon Sewer Development Impact Fee (IIPoggi Canyon DIFII) update. In order for the City to allow said continuance of satisfaction of this obligation, Developer agrees to pay the Poggi Canyon DIF in affect at the time of building permit issuance. In partial satisfaction of Condition No. 65, Developer agrees to provide a cash deposit within 30 days of notification by the City Engineer, in an amount not to exceed $10,000, to fund the preparation of the Poggi Canyon DIF update. Developer shall not receive credits towards the payment of future Poggi Canyon DIF for funding this revision. 16. Condition No. 66 - (Neighborhood Parks). In satisfaction of Condition No. 66 of the Resolution, Developer agrees to provide three (3) acres of local parks and related improvements per 1,000 residents. Local parks are comprised of community parks and neighborhood parks. A minimum of two thirds (2 acres/1,OOO residents) of local park requirement shall be satisfied through the provision of turn-key neighborhood and pedestrian parks. The remaining requirement (1 acre/1,OOO residents) for community parks shall be satisfied through the paYment of Park Acquisition Development (IIPADII) fees unless otherwise agreed to by the parties. 17. Condition No. 67, Condition No. 68 and Condition 69 - (Parks) In satisfaction of Condition Nos. 67, 68, and 69 of the Resolution, Developer agrees that all local parks shall be installed by the Developer in accordance with the PFFP. In addition, all local parks shall be designed and constructed consistent with the provisions of the Chula Vista Landscape Manual and related Parks and Planning Department specifications and policies. In addition, upon the request of the City, Developer H:\SHARED\A TIORNEY\OR224FSS. WPD 12 November 11, 1999 /_~[J -- ) :5 agrees to submit for the approval of the Director of Planning and Building, a construction schedule that details the construction milestones for the completion of both neighborhood parks P-7 and P- 8, within the Otay Ranch Property. 18. Condition No. 70 - (Parks) In satisfaction of Condition No. 70, the Developer shall receive surplus park credit to the extent the combined park credit for neighborhood parks, pedestrian parks and the town square park for Village 5 exceeds the 2 acres per 1,000 residents standard. This surplus park credit may be utilized by the Developer to satisfy neighborhood parks requirements in future SPAs. 19. Condition No. 73. - (Parks) In partial satisfaction of Condition No. 73 of the Resolution, Developer acknowledges and agrees that at no time following completion of construction of Park P-6, shall there be a deficit in constructed neighborhood parks in Village 5 based upon 2 acres per /1000 residents. Developer agrees that the City may withhold the issuance of building permits for the Property should said deficit occur. The Developer further agrees to commence construction of P-7 and P-8 no later than April 2, 2000. Developer may extend commencement of construction of P-7 and/or P-8 for a period of time approved by the City, if such postponement is caused by the City's delay in approving the park plans for P-7 and/or P-8 or for some other reason approved by the City. The level of amenities required in said neighborhood parks shall be determined by the Director of Planning and Building in conjunction with the park master planning effort required by the City of Chula Vista Landscape Manual. Prior to commencing construction of such improvements, Developer shall provide the City with improvement securities, approved as to form by the City attorney, and shall thereafter maintain, in an amount equal to 110% of the cost of constructing the park improvements for Parks P-7 and P-8. The Developer shall complete construction of the neighborhood parks within eight months of commencing construction of said parks. For purposes of this paragraph 15, the term completion of construction of the neighborhood parks shall mean that construction of the parks have been completed and accepted by the Director of Planning and Building, but prior to the City's established maintenance period. 20. Condition No. 76(c) - (Master Home Owners Association). In satisfaction of Condition No. 76(c) of the Resolution, the Developer agrees to the following: a. HOA Documentation. On or before 60 days from the date of Council approval of this Agreement, Developer shall submit H:\SHARED\A TTORNEY\OR224FSS.WPD 13 November 11, 1999 /Sg--)f for City's approval the grant of easements and maintenance agreements in the form shown on Exhibit IIDII, and other appropriate documentation, describing the maintenance standards and responsibility of the MHOA's for the Open Space Areas within the Property. Developer acknowledges that the MHOA's maintenance of the Open Space Areas may expose the City to liability. Developer agrees to establish an MHOA that will hold the City harmless from any negligence of the MHOA in the maintenance of such Open Space Areas. 21. Condition No. 80 - (No Protest of Maintenance District or Assessment District). In satisfaction of Condition No. 80 of the Resolution, the Developer hereby agrees not to protest the formation of or the inclusion in, a maintenance district, including a community facility district or a benefit zone, for the maintenance of landscaped medians and scenic corridors along streets within and adjacent to the subject Property. This agreement to not protest the inclusion of these public improvements shall not be deemed a waiver of the right to challenge the amount of any assessment which may be imposed due to the addition of these new improvements and shall not interfere with the right of any person to vote in a secret ballot election. 22. Condition No. 95 (a) and 95(b) - (Withhold Building Permits and Hold Harmless). In satisfaction of Condition Nos. 95 (a) and 95(b) of the Resolution, the Developer understands and agrees that the performance of Developer's obligations hereunder is required for the health and safety of the residents of the Property. Therefore, Developer hereby agrees that the City may withhold building permits for any and all buildings within the Property if anyone of the following occur: 1. Regional development threshold limits set by the East Chula Vista Transportation Phasing Plan have been reached, or 2. Traffic volumes, levels of service, public utilities and/or services exceed the adopted City threshold standards in the then effective Growth Management Ordinance, or 3. The Developer does not comply with the terms of the Reserve Fund Program, or 4. If the required public facilities, as identified in the PFFP or as amended or otherwise conditioned have not been completed or constructed to satisfaction of the City. 23. Condition 95(c) - (Hold Harmless). In satisfaction of H:\SHARED\A TIORNEY\OR224FSS. WPD 14 November 11, 1999 /--Ç!)-)3 Condition No. 95(c) of the Resolution, the Developer understands and agrees the Developer shall defend, indemnify and hold harmless the City and its agents, officers and employees, from any claim, action or proceeding against the City or its agents officers or employees to attack set aside void or annul any approval by the City including approval by its Planning Commission, City Council or any approval by its agents, officers, or employees with regard to this subdivision approval. 24. Condi tion No. 95 (d) - (Erosion). In satisfaction of Condition No. 95(d) of the Resolution, Developer shall defend, indemnify, and hold harmless the City, and its agents, officers and employees, from any claim, action, or proceeding against the City, or its agents, officers or employees, related to erosion, siltation or increased flow of drainage resulting from the Property. City agrees to reasonably cooperate with Developer in the defense of any such action, claim or proceeding. 25. Condition No. 95 (e) - (Cable Company). In satisfaction of Condition No. 95(e) of the Resolution, Developer agrees that Cable television companies franchised by the City of Chula Vista may place conduit within the City easements and provide cable television service for lots within the Project, as described in Exhibit IIAII. Developer agrees to comply with all rules, regulations, ordinances and procedures regulating and affecting the operation of cable television within Chula Vista. Developer further acknowledges and agrees that Developer will not lmpalr or interfere in any way with City's use of City's easements as described herein. 26. Condition No. 95 (f) - (Master HOA). In satisfaction of Condition 95(f) of the Resolution, Developer agrees to include in the Articles of Incorporation or CC&RS for the MHOA provisions prohibiting the MHOA from dedicating or conveying for public streets, land used for private streets without approval of 100% of all the MHOA members. 27. Condition No. 95 (g) - (Insurance Companies). In satisfaction of Condition No. 95 (g), Developers agree to permit all insurance companies equal opportunity to bid for providing a Cooperative Homeowner's Insurance Program (CHIP). 28. Condition No. 96 - (Congestion Management Program). In satisfaction of Condition No. 96 of the Resolution, the Developer hereby agrees to participate, on a fair share basis, in any deficiency plan or financial program adopted by SANDAG to comply with the Congestion Management Program (CMP). Developer further agrees to not protest formation of any future regional impact fee H:\SHARED\A TIORNEY\OR224FSS. WPD 15 November 11, 1999 J~g~/? program or facilities benefit district to finance the construction of facilities as defined by the Otay Ranch Plan documents. This agreement to not protest the inclusion of these public improvements shall not be deemed a waiver of the right to challenge the amount of any fee which may be imposed due to these new improvements and shall not interfere with the right of any person to vote in a secret ballot election. 29. Condition No. 102 - (As-Built Plans) In partial satisfaction of Condition No. 102 of the Resolution, the Developer hereby agrees to submit lIas-builtll improvement and storm drain plans in DXF file format to the satisfaction of the City Engineer. 30. Condition No. 106 - (Growth Management Ordinance). In satisfaction of Condition No. 106 of the Resolution, the Developer agrees to fund the preparation of an annual report monitoring the development of the community of Otay Ranch. The annual monitoring report will analyze the supply of, and demand for, public facilities and services governed by the threshold standards. An annual review shall commence following the first fiscal year in which residential occupancy occurs and is to be completed during the second quarter of the following fiscal year. The annual report shall adhere to those guidelines noted on page 353, Section D of the GDP/SRP. Developer further agrees to prepare a five year development phasing forecast identifying targeted submittal dates for future discretionary applications (SPAs and tentative maps), projected dates, corresponding public facility needs per the adopted threshold standards, and identifying financing options for necessary facilities. 31. Condition No. 108 - (CC&Rs for R-40). In satisfaction of Condition No. 108 of the Resolution, Developer agrees that on or before 60 days from the date of Council approval of this Agreement, Developer shall submit for City's approval the CC&R's, grant of easements and maintenance agreements, and other appropriate documentation, describing the maintenance standards and responsibilities of the HOA for the condominium project within R-40. a. Developer agrees to include the following provisions within the HOA's CC&Rs: 1. Before any revisions to provisions of the CC&Rs that may affect the City can become effective, said revisions shall be approved by the City. The HOA shall not seek approval from the City of said revisions without the prior consent of 100 percent of the holders of first mortgages or property owners within the HOA. H:\SHARED\A TTORNEY\OR224FSS. WPD 16 November 11, 1999 1--«...//7 2. The HOA shall indemnify and hold the City harmless from any claims, demands, causes of action liability or loss related to or arising from the maintenance activities of the HOA. 3. The HOA shall not seek to be released by the City from the maintenance obligations described herein without the prior consent of the City and 100 percent of the holders of first mortgages or property owners within the HOA. 4. The HOA is required to procure and maintain a policy of comprehensive general liability insurance written on a per occurrence basis in an amount not less than one million dollars combined single limit. 5. The CC&R's shall incorporate restrictions for each lot adj oining open space lots containing walls maintained by the open space district to ensure that the property owners know that the walls may not be modified or supplemented nor may they encroach on City property. 6. The CC&R's shall include provisions assuring maintenance of all streets, driveways, drainage and sewage systems which are private. 7. The CC&R's shall include provisions assuring HOA membership in an advance notice such as the USA Dig Alert Service in perpetuity. 8. The CC&R's shall include provisions that provide the City has the right to enforce the CC&R provisions same as any owner in the project. b. The provisions to be contained within the CC&R's which reflect Condition No. 76(c) of Resolution No. 19034 and this section may not be revised at any time without prior written permission of the City. The City shall not unreasonably withhold its approvaJ., of the CC&R's or other said documentation. Any amendment to these documents shall be submitted to the City for the City's approval prior to becoming effective. 32. Condition 111 - (Phasing Plan). In satisfaction of Condition No. 111 of the Resolution, Developer agrees to adhere to the following Phasing Plan: H:\SHARED\A TIORNEY\OR224FSS. WPD 17 November 11, 1999 /~~s--/JY Phase 1 The rough grading and construction of drainage improvements for Lots 1 and 2 of the Final Map will be performed in one construction operation as approved by the City Engineer. Phase 2 The subdivision improvements (i.e., street paving, curb, gutter, street lights, sewer, etc.) For Lots 1 and 2 of the Final Map will be performed in one construction operation as approved by the City Engineer. 33. Condition No. 112 - (PFFP). In satisfaction of Condition No. 112 of the Resolution, Developer agrees to adhere to the PFFP and any amendments thereto, including but not limited to the SPA and tentative map improvements installed in accordance with said Plan or as required to meet threshold standards adopted by the City. Developer and City acknowledge that the PFFP identifies a facility phasing plan based upon a set of assumptions concerning the location and rate of development within and outside of the project area. Throughout the build-out of SPA One, actual development may differ from the assumptions contained in the PFFP. Developer understands that neither the PFFP nor any other SPA One document grant the Developer an entitlement to develop as assumed in the PFFP, or limit the SPA One's facility improvement requirements to those identified in the PFFP. Developer acknowledges that compliance with the City's threshold standards, based on actual development patterns and updated forecasts in reliance on changing entitlements and market conditions, shall govern SPA One development patterns and the facility improvement requirements to serve said development. In addition, the sequence in which improvements are constructed shall correspond to any future Eastern Chula Vista Transportation Phasing Plan or amendment to the Growth Management Program and Ordinance adopted by the City. Developer understands and agrees that the City Engineer may modify the sequence of improvement construction should conditions change to warrant such a revision. 34. Condition No. 113 - (Code Requirements). In satisfaction of Condition No. 113 of the Resolution, Developer agrees to comply with all applicable sections of the Chula Vista Municipal Code. Developer further agrees that any final map for the Project and all plans for said Project shall be prepared in accordance with the provisions of the Subdivision Map Act and the City of Chula Vista Subdivision Ordinance and Subdivision Manual. H:\SHARED\A TTORNEY\OR224FSS.WPD 18 November 11,1999 ISZ--/l 35. Condition No. 114 - (Underground Utilities). In satisfaction of Condition No. 114 of the Resolution, Developer agrees to underground all utilities within the subdivision in accordance with Municipal Code requirements. 36. Condition No. 115 - (Payment of Fees). In satisfaction of Condition No. 115 the Developer agrees to pay the following fees in accordance with the City Code and Council Policy: a. The Transportation and Public Facilities Development Impact Fees b. Signal Participation Fees c. All applicable sewer fees, including but not limited to sewer connection fees d. Interim SR-125 impact fee e. Telegraph Canyon Sewer Basin DIF f. Poggi Canyon Sewer Basin DIF g. Telegraph Canyon Basin Drainage DIF h. Otay Ranch Reserve Fund fee. i. pedestrian Bridge DIF 37. Condition No. 116 - (Code Requirements). In satisfaction of Condition No. 116 of the Resolution, Developer agrees to comply with all relevant Federal, State, and Local regulations, including the Clean Water Act. The Developer shall be responsible for providing all required testing and documentation to demonstrate said compliance as required by the City Engineer. 38. Condition No. 117 - (Notice of Special Taxes). In satisfaction of Condition No. 117 of the Resolution, the Developer agrees to ensure that prospective purchasers sign a IINotice of Special Taxes and Assessmentsll pursuant to Municipal Code Section 5.46.020 regarding projected taxes and assessments. Submit disclosure form for approval by the City Engineer prior to Final Map approval. 39. Condition No. 120 - (Map Compliance). In satisfaction of Condition No. 120 and 123 of the Resolution, the Developer agrees to comply with all aspects of the City of Chula Vista Landscape Manual and that the proposed development shall be consistent with the Otay Ranch SPA One Planned Community District Regulations. 40. Condition No. 121 - (Code Requirements). In satisfaction of Condition No. 121 of the Resolution, Developer agrees to comply with Chapter 19.09 of the Chula Vista Municipal Code (Growth Management) as may be amended from time to time by the City. Said chapter includes but is not limited to: threshold standards (19.09.04), public facilities finance plan implementation (19.09.090), and public facilities finance plan amendment H:\SHARED\A TIORNEY\OR224FSS. WPD 19 November 11, 1999 I-r- C r:;2. 0 procedures (19.09.100). Developer further acknowledges and agrees that the City is presently in the process of amending its Growth Management Ordinance to add a proposed Section 19.09.105, to establish provisions necessary to ensure compliance with adopted threshold standards (particularly traffic) prior to construction of State Route 125. Said provisions will require the demonstration, to the satisfaction of the City Engineer, of sufficient street system capacity to accommodate a proposed development as a prerequisite to final map approval for that development, and the applicant hereby agrees to comply with adopted amendments to the Growth Management Ordinance. 41. Condition No. 123 - (Comply with Otay Ranch SPA regulations) In satisfaction of Condition No. 123 of the Resolution, the Developer agrees that the proposed development shall be consistent with the Otay Ranch SPA One Planned Community District Regulations. 42. Security for Performance. a. Cash Deposit. Concurrent with the execution of this Agreement, Developer shall provide the City with a cash deposit in the sums set forth on Exhibit IICII (IISecurity Depositll). City shall hold the Security Deposit until Developer has fully complied with the provisions of this Agreement. City shall expend such Security Deposit solely for purposes in the performance of this Agreement. In the event of Developer's default in the performance of its duties and obligations of this Agreement, Developer agrees to pay to the City any difference between the total costs incurred by the City to perform such duties and obligations, and any proceeds from the Security Deposit. Should the City expend the Security Deposit due to Developer's failure to perform under this Agreement, Developer agrees to redeposit the equivalent sum of money needed to equal the amount required by this Agreement, as set forth in Exhibit IICII, within 30 days of the City's request for such deposit. All interest earnings on the Security Deposit shall be retained by the City during this period. Any unexpended amount of the Security Deposit, including any interest earned, shall be released and remitted to Developer upon the termination of its obligations as set forth in this Agreement. b. Bonds. Developer shall provide City with bonds approved by the City Attorney in order to guarantee the Developer's obligations described in this Agreement in such amounts and terms set forth in Exhibit IICII. The Bond(s) shall be issued by a surety with a Bests A-V rating or better and shall be in a form approved by the City Attorney. At all times while Developer has outstanding obligations under this Agreement, the bonds as required herein H:\SHARED\A TTORNEY\OR224FSS. WPD 20 November 11,1999 I- 507 , c;2 /. shall be in full force and effect. Developer may request that another form of equivalent security, such as a letter of.credit or cash, acceptable to the City in its sole discretion, be substituted for the bonds described herein. Developer understands and agrees that such substitution is in the sole discretion of the City. 43. Assignability. Upon request of the Developer, any or all on-site duties and obligations set forth herein may be assigned to Subdivider's successor in interest if the City Manager in his\her sole discretion determines that such an assignment will not adversely affect the City's interest. The City Manager in his\her sole discretion may, if such assignment is requested, permit a substitution of securities by the successor in interest in place and stead of the original securities described herein, so long as such substituted securities meet the criteria for security as set forth elsewhere in this Agreement. Such assignment will be in a form approved by the City Attorney. 44. Satisfaction of Conditions. City agrees that the execution of this Agreement constitutes satisfaction of Developer's obligation with respect to this Final IIAII Map of Conditions Nos. 1, 3, :'1, 5, 6, 7, 10, 32, 45, 46, 55, 56, 64, 65, 66, 67, 68, 69, 70, 76 (c), 80, 95(a) , 95 (b), 95 (c), 95 (d), 95(e) 95 (f), 95 (g), 96, 106, 108, 111, 112, 113, 114, 115, 116, 117, 120, 121 and 123 and in partial satisfaction of Condition Nos. 29 (b), 73, and 102 of the Resolution. Developer further understands and agrees that some of the provisions herein may be required to be performed or accomplished prior to the approval of other final maps for the Property as may be appropriate. 45. Unfulfilled Conditions. Developer hereby agrees, unless otherwise conditioned, that Developer shall comply with all unfulfilled conditions of approval of the Tentative Map, established by the Resolution and shall remain in compliance with and implement the terms, conditions and provisions therein. 46. Recording. This Agreement, or an abstract hereof shall be recorded simultaneously with the recordation of the Final Map. 47. Miscellaneous. a. Notices. Unless otherwise provided in this Agreement or by law, any and all notices required or permitted by this Agreement or by law to be served on or delivered to either party shall be in writing and shall be deemed duly served, delivered, and received when personally delivered to the party to whom it is directed, or in lieu thereof, when three (3) business days have H:\SHARED\A TTORNEY\OR224FSS.WPD 21 November 11, 1999 /c5¿] ,- ~;L elapsed following deposit in the U.S. mail, certified or registered mail, return receipt requested, first-class postage prepaid, addressed to the address indicated in this Agreement. A party may change such address for the purpose of this paragraph by giving written notice of such change to the other party. CITY OF CHULA VISTA 276 Fourth Avenue Chula Vista, CA. 91910 Attn: Director of Public Works Developer: McMillin Otay Ranch LLC, 2727 Hoover Avenue National City, California, 91950 Attn: Robert Pletcher b. Captions. Captions in this Agreement are inserted for convenience of reference and do not define, describe or limit the scope or intent of this Agreement or any of its terms. c. Entire Agreement. This Agreement contains the entire agreement between the parties regarding the subject matter hereof. Any prior oral or written representations, agreements, understandings, and/or statements shall be of no force and effect. This Agreement is not intended to supersede or amend any other agreement between the parties unless expressly noted. d. Preparation of Agreement. No inference, assumption or presumption shall be drawn from the fact that a party or his attorney prepared and/or drafted this Agreement. It shall be conclusively presumed that both parties participated equally in the preparation and/or drafting this Agreement. e. Recitals; Exhibits. Any recitals set forth above and exhibits attached hereto are incorporated by reference into this Agreement. f. Attorneys. Fees. If either party commences litigation for the judicial interpretation, reformation, enforcement or rescission hereof, the prevailing party will be entitled to a judgment against the other for an amount equal to reasonable attorneys' fees and court costs incurred. The IIprevailing party II shall be deemed to be the party who is awarded substantially the relief sought. 48. Superseding Previous Agreement. It is the intent of the parties that this McMillin Otay Ranch Spa One Village Five H:\SHARED\A TTORNEY\OR224FSS.WPD 22 November 11, 1999 /~575 -- :23 Supplemental Subdivision Improvement Agreement - Spa One Phase Three - with McMillin Otay Ranch LLC shall supersede the Previous Agreement only as to those parcels located within the Property. The terms and conditions of the Previous Agreement remain in full force and effect except as to the Property. If there is any conflict between the Previous Agreement and this Agreement as to the Property, this Agreement shall control. [Next Page is Signature Page] H:\SHARED\A TTORNEY\OR224FSS. WPD 23 November 11, 1999 )L-çg .- ~ ý [SIGNATURE PAGE FOR SUPPLEMENTAL SUBDIVISION IMPROVEMENT AGREEMENT FOR MCMILLIN OTAY RANCH SPA 1, PHASE 3] IN WITNESS WHEREOF, the parties hereto have caused this agreement to be executed the day and year first herein above set forth. THE CITY OF CHULA VISTA McMillin Otay Ranch LLC, a Delaware limited liability company By: McMillin Companies, LLC a Delaware limited liability company Its~er Mayor of the City of Chula Vista BY: . Title: V\I.(. q~ ~ ATTEST BY'~ City Clerk Approved as to form by \JD Title: .'. City Attorney (Attach Notary Acknowledgment) H:\SHARED\A TTORNEY\OR224FSS. WPD 24 November 11, 1999 !-58-2; EXHIBIT LIST Exhibit II All Legal description of Final Map area Exhibit liB II IOD for RMP Phase 2 Exhibit IICII Security Requirements Exhibit IIDII Sample of Easement Agreement /fg'~d~ Exhibit "A" MCMILLIN OTAY RANCH SPA I, PHASE 3 All that portion of Parcel 2 and Parcel 3 of Certificate of Compliance recorded Septemba- 12, 1997 as Document No. 1997-0443746 in the City of Chula Vista, County of San ~ Diego, State of California described as follows: Beginning at the Southeasterly corner of Map No. 13605 being a point on the Northeasterly line of said Parcel 2; thence along the Northeasterly line of said parcel 2 and said Parcel 3 South 17°52'24" East 879.34 feet; thence leaving said Northeasterly line South 59°57'05" West 15.73 feet; thence South 52°39'33" West 15.29 feet; thence South 53°42'04" West 220.04 feet; thence South 52°39'34" West 117.60 feet to the beginning of a tangent 3923.00 foot radius curve c~mcave Southeasterly; thence Southwesterly along the arc of said curve through a central angle of 05°20'02" a distance of 365.20 feet; thence South 47°19'32" West 694.48 feet to the beginning of a tangent 2477.00 foot radius curve concave Northwesterly; thence Southwesterly along the arc of said curve through a central angle of 04°10'34" a distance of 180.54 feet to the beginning of a non-tangent 2478.42 foot radius curve concave Northwesterly to which a radial line bears South 39°30'25" East; thence Southwesterly along the &c of said curve through a central angle of 05 ° 1 5 '1 5" a distance of 227.28 feet to the beginning of a non-tangent 2481.00 foot radius curve concave Northwesterly to which a radial line bears South 33 ° 14' 46" East; thence Southwesterly along the arc of said curve through a central angle of 05 ° 11 '36" a distance of 224.88 feet; thence South 61°56'50" West 134.28 feet; thence South 16°43'29" West 7.24 feet; thence South 28°29'50" East 19.60 feet; thence South 61 °30'10" West 145.00 feet; thence North 73°25'24" West 8.34 feet; thence South 61 °56'50" West 207.78 feet; thence South 73°14'35" West 100.63 feet; thence South 61 °03'00" West 48.55 feet; thence South 62°00'21" West 47.96 feet to a point on the Easterly line of Parcel Map No. 18234; thence along said line North 17°51'24" West 529.76 feet to a point on the Easterly line of Map No. 13836; thence leaving the Easterly line of said parcel map and along the Easterly line of sa~d Map No. 13836 the following courses: North 61°12'47" East 75.99 feet; thence North 21 °06'21" East 91.26 feet; thence North 19°00'05" West 91.26 feet; thence North 42°13'23" West 27.29 feet; thence North 14°19'56" East 80.00 feet; thence North 13°45'56" West 26.64 feet; thence North 32°38'12" West 52.00 feet to the beginning ~f a non-tangent 50.00 foot radius curve concave Southwesterly to ~hich a radial line bears South 75°40'04" East; thence Northwesterly along the arc of said curve through a central angle of 82°27'43" a distance of 71 ~96 feet; thence North 14°19'56" East 75.43 feet; thence North 75°40'04" West 47.72 feet; thence North 08°32'56" East 83.84 feet; thence North 46°34'37" West 10.00 feet to the beginning of a non-tangent 37.00 foot radius curve concave Southwesterly, to which a radial line bears South 46°34'37" East; thence Northwesterly along the arc of said curve through a central angle of 137°2"40" a distance of 88.70 feet; thence North 08°32'56" East 75.00 feet; thence North 06° 16'42" East 80.80 feet; thence North /~5 8 -- 2/ Exhibit" A" 12046'04" West 198.99 feet; thence North 72058'36" East 62.22 feet; thence leaving said Easterly line North 17001'23" West 304.37 feet to the beginning of a tangent 2082.00 foot radius curve concave Northeasterly; thence Northwesterly along the arc of said curve through a central angle of 07014'43" a distance of 263.28 feet; thence North 80013"9" East 3.00 feet to the beginning of a non-1angent 2079.00 foot radius curve concave Easterly, to which a radial line bears Soùth 80013'19" West; thence Northerly along the arc of said curve through a central angle of 06°02'07" a distance of 218.99 feet to the beginning of a non-tangent 2083.00 foot radius curve concave Easterly to which a radial line bears South 85° 1 5' 35" West; thence Northerly along the ::if arc of said curve through a central angle of 06017'51" a distance of 228.95 feet to the beginning of a non-tangent 2083.00 foot radius curve concave Easterly to which a radial line bears North 87026'25" West; thence Northerly along the arc of said curve through a central angle of 08°09'16" a distance of 296.45 feet; thence North 10°42'51" East 90.36 feet to a point on the Southerly line of said Map No. 13605; thence along said line South 34°17'09" East 21.21 feet; thence South 79°17'09~' East 68.00 feet to a point on the Westerly line of Map No. 13649; thence leaving said Southerly line and along tre :WesterlYI Southe~ly and Easterly line of said Map No. 1:3649 the following courses: South 10°42'51" West 75.36 feet to the beginning of a tangent 2000.00 foot radius curve concave Easterly; thence Southerly along the arc of said curve through a central angle of 19°21'03" a distance of 675.47 feet; thel1ce North 81021'48" East 248.30 feet; thence South 86010'22" East 84.01 feet; thence North 77°04'25" East 75.78 feet; thence North 83°46'21" East 51.12 feet; thence North 86011'56" East 39.24 feet; thence North 88°34'33" East 94.12 feet; thence North 87048'57" East 159.31 f~t; thence South 10°42'51" West 46.86 feet to the beginning of a tangent 448.00 foot radius curve concave Northerly; thence Southeasterly along the arc of said curve through a central angle of 179047'35" a distance of 1405.82 feet; thence North 10055'16" East 508.89 feet to the beginning of a tangent 1028.00 foot radius curve concave Northwesterly; thence Northerly along the arc of said curve through a central angle of 00°12'25" a distance of 3.71 feet; thence North 10°42'51" East 71.12 feet to a point on said Southerly line of said Map No. 13605; thence leaving said Easterly line of said Map No. 13649 and along said Southerly line of Map No. 13605 North 55042' 51" East 28.28 feet; thence South 79017'09" East 244.69 feet to the beginning of a tangent 522.50 foot radius curve concave Southwesterly; thence Southeasterly along the arc of said curve through a central angle of 23°23'22" a distance 01213.30 feet to the Point of Beginning. Containing 76.896 acres more or less. . #Z/~¿~""UI-" Robert G. Schoettmer loS. 4324 jb/13126aa.OO1- '/,Ç8--~ .- Exhibit "B" .;:;¡o . " io- ~~J;ç~ o,..~ 1ft ~/'._- IDT NO./LETER AREA .AREA FOR PR~~Y! CONVEYANCE OBIJGATION (ACRES) CONVEYANCE IA~I 1.188 ACRFJACRE 1 20.352 20.352 24.178 2 13.007' 13.007 15.452 3 11.007 11.007 13.076 A 0.508 0.508 0.604 B 1.055 1.D55 1.253 C 7.056 7.056 8.383 D 1.121 1.121 1.332 E 0.119 0.119 0.141 F 0.654 0.654 0.717 G 4.359 4.359 5.178 H 2.083 2.083 2.475 == 15.575 0 0 RICK ENGINEERING COMPANY CML ENGINEERS. SURVEYORS. PLANNERS CHULA VISTA TRACT NO. 98-04 i 5620 FRIARS ROAD. SAN DIEGO McMIWN OTAY RANCH ~ CA. 92110-2596 PHONE. (619) 291-0707 SPA 1, PHASE 3 K .. JXJNVEYANCE AREAS ' . . - PROJECT NlAtBER. 13126 / SJ7 ...- c2Ci ~. DATE. August 17, 1999 ~ / ~. , -_..u.- . 0 . - - . . Re:carliing Re.qU!:SlcC hY:l1I..: ¡ , Plet::..<;c Rf!ZUT711O: ' C11)" O::rk City of Chu1a V~.a :'.0. Bo.", JOSï Cnu12 Yism. CA 919~ I T ni:s lnsrrumen1 Bemfm ~, and CounI)' -f)ni): NoFee.Reqzrireti -- . Tnis Space for Recorder's Use Only -~~: 647-140-01-00 . .EleNo. 1RREV OCABLE 0 DEFER. OF DEDICA.TI ON oo.t"~L.KThLEREST.. _.. _0- J='OR A V_41UiŒl..E CONSIDERA.TION. T:::::::Ìpt ofwÌri::hisoñ::r::by.:acimow]=dge~Mc::MILl..I!\ OTAY JU._"NCE. LLC, A D"RT -A WARE LIMITEDLI.4..B1LITY COl'1PA..l\-ry~ .as"th= own=r(s) ofth= h=r::ir~- ë::s:::::"1œd :r-..a1prop~', ~=--¡'y rn.aŸ"::S2Ilm-=-'o::able Off=r of~à:icarion ofie::~est1:D IEŒ CITY OF Cd u I A. "FlSTA.~ A M ~"?'ilæ)AL CORPORATION" ¿md IRE COU!\-rY OF Sßi...'N DIEGO. as t::nanrs in ::u. ¡ ,. .lOn.. il::= h=r=i.-¡afr-..=-. ~s=riD~d 7=¿ti prop=rry for 1Ì1= ÎOllowmgpÙDñc purpos::: t' .... OPEN SPj~Œ_~ OIHERPDBlJCPú""RPOSP.S. 1 n= T::aJ prop=rl}' ref:....; =d to aoov= is simareà :in the City of Cnu1a V 15!2., County oÎ San Thego~ Srat= 0:- C~ ïIT~ and is mar-... pan:i::uìarJy des-'TIœd 2S Îollows: BeIDg a portion ofíh=NorthHili of Se..'"tÍon ] ï, Townsìrip 18 So~ Range 1 E.?~ San B:::mardÏno M:::ri~ :in the County of San Diego, ~ of Ca1iÏ0I!ria, said portiOD IDOT= parricu1arly d=s::rib=d 2.S Îoliov;rs: Begjmñng at me Northwest comer of sajd Section 1 Î; 'thence along the North::rly me of s<riã Section 2.5 sDOwn on Record of Survey No. 13657" North 89°46~3w East 159030 f~ 1:b::n~~ leaving saidNortÌ1~ 1me South 02°O4~33w West 266535 feet1o a pomton the So11IÌ1~]y lin= of 52Ïd North Ra1f 2.S shownon-5aÌdRccord of Smvey; 1hcnce aJong"theSouthcr1y and "VIi ~srer]y line of said North B2lf: South 88°4~OT West 1591.67 feet and North 02°04 ~33w Ez.st 1693 -3 9 feet 10 1Ì1e Pomt ofBegimring. (Con1Dins 97-74 Acres, more or less) 0 0 0 0 ~' This Offer ofDeðica.tion is made pursuant to Section 7°50 of 1he Go~ Code. of 1Ì1e S~ of Ca1iÏomia - and may òe accepted at any time by 1he City acdc of the City of ChûlaV1Sf:a and 1he Board of Supervisors of 'the County of San Diego. This Offer of~ca:tion of Fe:: Interest s1Jall be iIrevocable and sba111>e binding' upon the Grantor, its heirs, execu1:ors, ,Ilìmm;~tors, succeSsors and assigns. In adclition to 1he forcgoing,Gnmtor grants to the CÌty of ChuJa Vista and The Comrty of San Diego a license for their respective employees and agents to enter t.~on tÌJ= .- 0 ' ~_s/f /3 [) .. 1 .- .0 IOD31D1í2Æ9 . . T:::aJ pr Ö~~ "1)' å::s::ñœd aDo'\':: f o-.1Ì1-- pu¡pos:: of Ïnsp-..::rÌn£ aDd mv::sti;zring saID--. _AJ1 p:rsom: ::n1=rn~ LI?O:: su::n T::2J plU~ sb2lI åo soa11h6T o"..n risk and G.2n1cr sb.aI1 havcDO liability cr.r-..spcm.sibii1TY fer. z.."iY 1:-:.':"~- or àænag: 10 any p::rsan or propo1)' arisÏng:iD conn~=riOD uith such enD)' upon tb~ I::a1 ~'. 5Ígn::è 1Ì1is ~ d àa)' cü \...c..r~~ 1999 G¡ämcr. 5ignanm:s: McMIl.J..L1'l OTA Y R.4...~~ LLc, A D-.Ja'\1l.'aTe LÏmÏred Liaiñlity Company - By: - :By.: . h5: "'.P- .<' (Notary Acknowl:::iI~~t:R:::gu:iI'ed for --;:~:--nSÍgnarœy) Tr..is is iO cr?n:ijy lÌ7tI1 1Ìæ ÏnI!?Tcrt in real proper1y qffered n!!Tein to 1Ì2e Cny of Ch.ula vÌsItl, a govenzmenzœ! ag:m=y. i:;; hereby acknowl.edgedby theundersžgned, Gift' ClErk. 071. beña!f Qf 1Ìze Chu1a l'ÌsItl Cì¡y Cowz::r- pzrrsua11IIoauthariIy r:orifen-ed by Resohaion No. J5645 ajlhe Cn:ul.£¡ T-!SIQ City Cormcil OJiopzed on Juné: 5. 1990, o:ni1 thegran:t~(s) consent(s) 10 the recordation ihereifby irs duly authorized qfii.C!:í. SUSA.L~:BlGELOW CITY èLERKFOR THE CITY OF CHU.L-4. 'ETA By: Dare: I amify on heJza!f of ih.eJJoard. of Supervisors of!he COU1z1:y of San Diego pursuant to au1hoTŽry conferred by . . Jœsobmon qf.said Boardmloptêf1 on Janumy 7. 1992. iha11lze County of San Diego COl'.sents to the making of : !he foregoing Irrevocable Offer and consents to recDrdaiion thereof of its duly au:thorized officer. THE COUNTY OF SAN DIEGO :: ;@} ¿~tv~Dr. Date: fIJ~/q1 J(¿þ' {?ishk ~;VJC-O. f)lvlJ/u'1 - (kp-""17'1P! J-" ~ Sè ÝIÃC~ 99-o2.45-A /575'J / .- 2 .- .- IOD31D1í2~ . r' , . .! \ \. j..-,.. . (" 5T-';'~ OF I (~\ \ 1,.)""\ ì I --\ ) ~ (.....: \) ) . 5$. CO1JKTY OF ~/(l\"\ V \f:r., l ) 'oJ }. \ -y./ ., . \.L.?(""' /" ~ On 1\1 t) L..f ì \ t ::>, 1999, b::jOT~ m-..~ 1Ì'~ 1IDci::r5ig:p=à N°IaD' Pubh~ p=r.or.alÌy L:?~~::~~: ('A'i'"-1'¡ {;..\ -¡-: Vu ~n IA' 0; t1 -& /t"\ ,"'" ~ G. ("'~.J!1J Þ '.-'.s:. . ..J I . j\ . p::n;onaI1y 1:nOWll to In: = - or :J-- j3:-ð ;:.= lD m:; Em, ~ k.>~ u;~Lb:.facw.j' c::v.iùwu...;;. -ro Do fu:: ~))meso ~"'" suòscnö"a 10 1he Wïfl~ mId ..clmowJ:à,."a 10 =' ~. . ~-y ex~aih-.. ~ ~Ifh::ÍrautÌl~acapac' 6~s d ~"by ~Ifu::n- 5ign~1Wrn m:: ~=nt 1h:: J>::IS. r§i; or 1k =miI;' upon -0-7"\ ,.omcih ih: ~~ .=<] ~ mstrI=- Vi'11J>2SS my 1mnd aDd officiaJ soal. (\), /\ . (\ ¡;;:-~=.-Ui ((. \ 1--- . CAïa:La:JN:) \~; \ '~/ ~ K "". ! -. c........;.ian.,. m~ - --- ,- - ". 1'.' ~ N::Ji::ry.Pr.èi::-c.&..I~ ~ .-- J ~~C3ny f - - - - ~= ~~~.:... ----- STATE OF ) ) 55. CO"'(Th;"TY OF ) On , 1999, refor~ rn~, tb=: unàe:rsign::å Nomy Public, p=sor.aDy a??::::::-::: !:l p::r:sonally known to m:: or !:l prov::ð. to me on th:: 'basis of satisfactory eviàence to b:: th:: p::r:son(s) wnoSf: nam::(s) islare suDscnò::d to the within Ïns1nm1ent. and acknow1::ãg::d to m~ that hclshe/they executed the same in hislber/th::n- authorized capacity(ies). and that by hislberltheir signamre(s) on the ~ent the ~(s). or the entity upon behalf of wmch the person( s) acted, e.xecured the insuument WITNESS my hand and official seal. (S EAL) .. 3 )~ß ~J;Z IOD31Dfí2r:!9 . . - STATE OF ) )S$;. COlTh'TY OF ) On ~ 1999. n-..Íor= m~ ñ= unà:L.:.ign::d NCJIaJY .PLibii:::.. :p::3cmal!~, ~:J~:'::':'~- D p=rsonaDy knOWD to m: -- -ar !J ]JTOv:d to me on 1b:bzsis of satisfactœycvidcnce :tOk1h:p::rson(s) WllOSC1l2IDC(.s):isla:re.sûbscnòcdwth::-wmün~:muì:aclœowledg:d 10 m: thal k:I~ ëxecutcd fb:satiJe:in.Jrislll:::r~ .4:LLI11.orizeà capa.city(jf;s),.3Ild:fhafby1ñslb::r1tì6r signarur:(s) a:: !Ì1f::ÍIlSttum::ntthe :p:::Œan( s), ar1:be 'CltitY upon :b-..:bålf ofwñîcñ i:he ])::rson( s):acted, =xccutcd th: :Ìn51:rum:TII. .- ~ WItNEss my 1land ¡mdofficiaI s~. i' to- (SEAL) STATE OF ) ) 55. COu"1\1JY OF ) On . 1999, beÎore In:, 1Ìl: unÒf:rsigned Norary Public, p:=rsonaDy app:a7=:¿ D p:=r5onally bOWD to m: or 0 proved to me on th: basis of satisfactory evidence to be the p:::n;on( s) whose name( s) islare subscribed to the within instruJ:n::nt, and acknowledged to m: that helshelthey executed the same in hislher/their authorized capacity(jes), and that by hislherl1heir signarure(5) on . the inStruÏnent the person(s), or the entity upon behalf of 'which the person( s) acted, executed the instrument WITN-:ESS my hand and official seal (S EAL) .- r-- .- 4 /~8- 33 :.:. IOD3101j2Æ9 E XH I BIT "c" SECURITY REQUIREMENTS MCMILLIN OTA Y RANCH SPA 1 PHASE 3 CONSTRUCTION OF SEWER IMPROVEMENTS BETWEEN P ASEO RANCHERO AND LA MEDIA ROAD (SEGMENT 2) (paragraph 14.c.i. of the Agreement). . FaithfW Performance Bond Bond in the amount of $502,595.50 to be - submitted concUlTent with this agreement for the Sewer Improvements. . Material and Labor Bond Bond in the amount of$502,595.50 to be submitted conCUlTent with this agreement for the Sewer Improvements. Maintenance of the Temporary Sewer (paragraph 14.f.v of the Agreement) . Cash Deposit Deposit in the amount of $30,000 to be submitted conCUlTent with this agreement ~Qr Temporary Sewer Maintenance - H: \Ii OME\ENGINEER \LAND D EV\CHESTER \exhibitcO R224 . wpd /~~ß -- .3 Ý ... . - Exhibit "D" I RECORDING REQUESr-w BY ..;..},,¡D 'WHEN RECORDED R.t:.l1JR.~ TO: City Cl~rk Cil)' of Chuia V~.B :76 Founh Av=nu: Chuia Vista, CA 9 } 9 } 0 No rransjer lD:r is due as this is a corweyance to a public agen...-y for less ¡harz alee imerest jor which no azsn ~ =onsiderœion has been paid or received. (ABOVE: SPACE FOR RECDRDER'S USE) GRA..~"'T OF EASEMENTS AND MAINTENANCE AGREEMENT (DEDICATED EAsEMENTS) Tnis GRAJ\il OF EASEMENTS AND MAINTENANCE AGREEMENT (".Agreement") is 1I18à= this - àay oÎ ,199-, by and œrwe:n the CITY OF CHULA VISTA, a municipal :;orporntIon ("City"). and MdvfILUN OTA Y RA.NCH LtC, a Ddav.-are limired liability company ("LLC"). RE CITALS y' ¡,..... A. Tnis Agreement con=..-ms and mects œn:ain real prop=ny locaICd in Chula Vista., California. more panicularly å:scrib-wd in Exhibit "A" attached hcrcm and mcorporated herein ("Prop=ny"). Tne Propcny is part of a planned residential development project commonly known as "McMillin Lomas Verd~5". For purposes of this Agreement, the rerm "Project" shall also mean the Property". B. LLC is the owner of the Property and the Declarant under that certain Master Declaration of Restrictions For McMIllin Lomas Verdes Master Association ñled for record on ,1998 as Document No. 1998- , Official Records of San Diego County, California (the "Master Declaration"). LLC has ~nsed the formation of McMillin Lomas Verdes Master Association, a nonproñt mutual beneÏn corporation (the "MHOA") to maintain certain areas in the Proj=t. Furthermore, one or more sub-associarions may b= formed ("SHOA ") for a particular project( s) within McMillin Lomas Verdes, the purposes of which would include the mainTf"nance of certain amenities within the project over which the SHOA has jurisdiction. c. ThePropeny is covered by that certain ñnal map (the "Final Map") described on Exhibit .. A" attached hereto. D. On 1998, in order for LLC to obtain the Final Map and for the City to have ass~ce that the maintenance of the Project's open space areas and thoroughfare median areas would b= provided for, the City and lLC entered into a Supplemental Subdivision Improvement A~ment, by Resolution . No. -' in which LLC agreed that maintenance of such areas shall be accomplished by the creation of a home owners association and the establishment of a Community Facilities District. Exhibit "B" attached hereto descñbes those panicular easements which were dedicated to the public on the Final Map but which T : ImcmiJliø Ioc8y\PrI<wyEas9"'J -1- 9123191 ... /38--YS- .- -' - - . ~ to œ maiImUncå.Dy the MEOA.. Tne public cas=mcms 10 œ maIDtained by the Hom=owner Association ~ ~olb:.-rivcJy r=Ï=n--d to as the "MHOA Maintained Public Arc2.s". E. The City desires to grant to ~C easements for lands::aJr- maintcnanc= purposes upon. over and a::ross the MHOA Maintained Public Ar-~ consisting of [par1.::v.'aysl trails] in orà::no faciIitm: tit: obligations oflLC as s:::t forth in the Suppje:IT1~1 Subåivision Improvement Ag¡ ~m::n!. aåopred by Resolmion No. -' F. The City also will allow LLC to cross appropriate portions of that ccrmin general utility C2SCment ("General Utility' Easementj describ--d on Exhibit "C" attached hereto for pmposes of access to - slo~ within the Project which will initially be maintained byLLC and eventually maÎ1Jnlined by the MHOA - NOW~ THEREFORE, in consideration ofthemutu.a1 covenants herein contained, the parties agn= as s=t forth below. L Gnmt of"F.uemenß. The City hereby grants to LLC ad its -agents. S1'~C:ors and -assigns, non-=xclusive eascm::nts and rights-of-v.oay over andacmss the MHOAMainminedPublicAreas, for1hepurpose qf ma.inmining,.r=pairing and replacing 1he landscapingimpmvcments 1qca1ed 1b::rccm.. Tne City also hereby ~ tolLC and its ag::nts, succ=ssoIS and 2~c:1~!:, linon-exclusive acceSs eas=mentacmss the G=n..-raI Utility E2s::m =nt for the purpose of obtaining a.cc:::ss to maintain 1h ose 51 opes within 1he P I U p;:nies which will b=ome pan of the ~...amaintained by the MHOA. ., Maintenance Obli:ations, . ' v- (a.) LLC to Initially Maintain. LLC hereby covenants and agrees, at its sole cost and expense. to maintain, repair and replace, or cause to be maintained, repaired or replaced, the MHOA Maintained Public Ar-...as, including all landscape improvements located 1Dereon, at a. level equal to or better than the level of maintenance set forth in the Projeds Landscape and lrrigarion Plan ("LanàscapcPlan"), as approved by the City. Forpurposes of this Agreement, thet=rm "Maint...""I1ance" or "Maintain" shall mean the maintenance, repair and replacement obligations d=scribed herein. (b) Transfer to MHOA. Upon LLC's transfer ofMaintcnance obligations to the MHOA, ~C (i) the MHOA shall become obligated to perform the obligations so transÎCITed and (ii) LLC shall be released :&om such obligation. LLC represents to the City that LLC intends to and has the authority to uni1aterally transfer the obligation to maintain the MHOA Maintained Areas to the MHOA and that such 1ransÎer has been provided for in the Master Declaration. , (c) Transfer By MHOA. The MHOA shall have the right to 1ranSÍer Maintenance obligations to a SHOA or to the owner of an apartment project ("Transferee"). Upon the MHOA's transfer of Maintenance obligations to a Transferee, (i) the Transferee shall become ~bligated to perform the obligations so transferred, (ii) MHOA shall retain the right to perform the Maintenance should the transferee fail to do so and (üi) the transferee shall be released ftom the obligations so -' transferred. LLC represents to the City that LLC believes it is likely that a SHeA will be formed for Planning Area R -46 and that the Maintenance obligation for portions of the Santa ~ Avenue parkway adjoining Planning Area "R-46" will be transferred to the SHeA. . T:""cmùIiø~Eas923 -2- 9123191 !-~ð ~::? ~ .- -- - (d) - Notice of Tnmsfer By LLC. At 1:::2St sixty (60) åzys prior to any transfer of a Maintcmmce obligation by LLC. LLC shall give DOric: to the City of LLCs int=nt to transfer me Maintenance obligations and sha11 provid~ th~ City with a copy of the signed document whi:::h cfÏe::!5 such ttansfcr. (e) Notice ofT1'1IIISfer By MHOA. At least sixty (60) days prior to any mmsÏcr of a MaintcD3D:::e ob ligari on by MHO A ~ MHO A sbal1 give norice to the City ofMH 0 AI S intent to t"an5Î:::- the Maintenance obligations and shall provide the City with a copy of the signed document which effects such transfer. .. - 3. Insurauc:e. Section 5.1 (a) of the Master Declararion requires tbatthe MHOA procure and maintain c..-rtaÏn insurance. That Section reads as follows: (a) - Geaeralliability IDsunmce.TheMastcr Association shall obtain a comprchcnsîvegcncnílliab~:æd jJI u~ rh"n~.insurance policyinsming 1heMasœ:r Associatianand1he Own::rsH~!ð1iahility:incidcut1D ownerShip orus= of the Master Association 17op::rty. The 1imìts ofsuch 1nsunmce sbaIl not be less thanE Million ccwcringalI claimsiOr.d::atil, -pcISOIUil,iDjury andpropcny damage -- arising out of a single occurrcnc--. Such msurane:: shall :include the following aàåitional provisions provided they ar: available on a comm=rcially reasonable basis: (i) The City of Chum Vista shall be named as an aàditionaliy insUT""-d patty to such insman:::::; , , .- (ii) The policy shall not contain a cross-suit exclusion clause which would abrogat: cov=rage should litigation ensue berw=:n insureàs; (iii) The policy shall contain the following ~ilit;y claus: (or language which is substantially the same): "The coverage shall apply sepanneìy to each insured except with resp-...ct to the limits of liability." This Section 5.1 (a) may not be amended without the written cons...'"Ilt oime City Planning Director or City Attorney. Umil such time as the MHOA has obtained such insurance, LLC hereby agrees to procure and maintain the insurance as is required by-the Section 5.1 (a), at its sole cost and expense. Each TransÏeree shall also obtain such insurance. - 4. Iudemnity. ILC hereby indemniñes the City as stated in Section 63 of the Master .I>--laration which reads as follows: ' : Indemnity The Declarant and Master Association, respectively shall indemnify and hold the City harmless from any liability, cost or e~nse, including reasonably incurred attorneys' fees, which. result from the Declarant's or the Master Association's respective failure to comply with the requirements of the Section above entitled "Continuing Obligation To T :\mcaÙlliIIIoI8y\PrIcwyEas923 -3- 9f!3f91 lÇ)s- 3? .- . .. - - Main:ain Certain Public Areas". Neith=r me D--larant nor the Mzst=- .A. ~-i3Ùon shall have any liability unå=r this Section 0)' rc2S0D of (ï) the om:=- pany's failUI'C to main~ or (ii) any T ransfe;r~ 's failUI'C u> maintain. It is specifically intcnåcd that the City sba1l have the right to cnforc: this Se::ñon. This Section may not b-- amended without th-. written consent of the City Plarming Dir=ctor or City A~. 5. Indemnitv IfTnansferee.. Tne document whcrcby1he MHOA 1nIIlSÍcrS a Maintcnan:::e obligation to a SHOA or apartment owner shall be signed by both the MHOA and the Transferee and shaH s=t forth an cx:prcss assumption ofMamœmmc:e and ather ob1igaóonshcrcundcr and shaIl include the following -- indcmniñcarion provision: IndemnR:v The fTransferee's name) sba1l IDtiCIDDify and hold the City hmnlcss ñmn any .liab~,cost or.ccpcnsc, incbuüngI'C8Sonably in~ attnmcys' fees, "Wiiic1uesúlt:ftam1bcTIaDSfr:rcelõ:failI=1o complyviith thc requirements ofthcobügations1rBnSfcmd11cr=bym Tnmsfi:rce. T1'8DSfcr-- shall not have any IiabiIi1y DDdcrthislndcmnity ÌJyTC!SOD of mothcrpanYs failUI'C to maintain. It isspeciñcally intended :that the City:shall. have 1Ï1-- . . rightto enÏorce this 1ndemni1;y. This 1ndcmnitymaynOt bémnended without the written cons::nt of me City 'p}annmg Director or City Attorney. ó. A:reement Applicable to Suiiseqnent Owners. (a) Agreement Binding Upon any Successive Parties.. This Agre--...ment shall be binding upon ILC and any sw=ssive Declanmt und::rthe M2sœr D-..claration. Tnis Agre=mem sh~ be binding upon MHOA and any Transicr==s upon 1l"aIlSfi:r ofM.aintenanœ obligmions to the .MHOA or TransÏerc:, respecrively. This Agrccm::ntshall inure to the œnefu of the succ::ssors., assigns and interests of me parties as to any or all of the PropertY. (b) ~areement Runs With the LaBd. The bmden of the covenants contained in this Agreement ("Burden") is for the b=nefu of the Property and the Ci1;y, its successors and assigns, and any successor-in-interest thereto. The City is deemed the beneñciary of such covenants for anà in its own right and for the purposes ofprotecringthe interest of the commmñty and other parties, pubiic or private, in whose favor and for whose benefu such covenants nmning with the land have been provided, without regard to whether the City has be=n, remained or are owners of any particular land or interest therein.. If such covenants are breached, the City shall have the right to exercise all rights and remedies and to ma1ntJ1m any actions or suits at law or in equity or other proper proceedings to enforce the COIÚ1g of such breach to which it or any other beneñciañes of this Agreement and the covenants may be entitled. 7. Gov~rnincr Law. This Agreement shall be governed and construed in accordarice with the laws of the State of California.. : . 8. Effective Date. The terms and conditions of this Agreement shall be e~e as of the date this Agreement is recorded in the Official Records of the San Diego County Recorder's Office. T : \mcmillilllølay\PrlcwyEas923 -4- 9f13/91 /_sßr-3r .- -. - - 9. Coouterparts. Tnis .~::nt may œ a--tre:d in any nmnb=r aí coUIII::pa1'tS. ~h of WÌli::Ì: shall be original and all of which shall constitute one and the same document. 10. Reconline. The panies shall cause this Agrr;=mcnt to be recorded in the Official Rc::orcis of the San Diego County Recorder's Office within thirty (30) days aft=rthis Agreement has be--n approved by the City Council 11. M"l5cellaDeou5 ProvisioDS. (a) Notices. Unless otherwise provided in this Agreement or by law, any and all norie::s -::. required or permitted by this Agreement or by law to be served on or delivered to either parry shall be in wriring and shall be deemed duly served, delivered and received when personally delivered to the party to whom it is dirc:ctcd or, in lieu thereof: when three (3) business days have elaps=d fullowing deposit Ïn 1hc United States mail, certified or.Jegistcrcd mail. rctmn 1Q,;C~requesacd, first-class ~ prepaid, addressed to the addrcssinðj~ 111 1his~cnt. A party may change such address fur the purpos= of1his PamgraphDygivingwrittcn-noticeof suchchangc1:o the other party~ Facsimile transmission .shall constitute persona] delivery. - If To City: CITY OF CHuLA VISTA D=pamn=nt of Public W or~gin=ring Division 276 Fourth Av=nue Chula Vista, CA 91910 ' 4>- Atm: City Engine:r lfTo LLC: McMillin Otay Ranch LLC Development Engin:=ering The McMillin Companies 2727 Hoover Avenue National City, California 91950 Ann: Mr. Robert A. Pletcher (b) Captions. Captions in this Agreement are inserted for convenience of reference and do not define, descn"be or limit the scope or int--nt of this Agreement or any of its terms. (c) EntireAgreemeut. This Agreement, togetherwith any otherwrittcn documentreferrcd to herein, embody the entire agreement and understanding between the parties regarding. the subject matter hereof: and any and all prior or contemporaneous oral or written representations, agreements, . understandings and/or statements shall be of no force and effect. This Agreement is not intended to supersede or amend any other agreement between the parties unless expressly noted. (d) Recitals; Exhibits. Any recitals set forth above and any åttached exhibits are incorporated by reference into this Agreement. T : ImaDiIlin 1oaoy\Prl<wyEas923 -5- 912319& ~5ß-3l - .- - .- - - (e) Compliance With Laws. In th: pcricrrnanc= oÍ its oblig:arions 1JI1d= this Agrc:::mcrtt.. LLC. its agcÌns and employe=s. shall comply with any and all applicable í::dcnù. ~ and local rul=s. r--gulations. oråinances.. policies., permits and approvals. (f) Authority of Signatories. Ea::b. signatory and partY hereto hcr=by warrants and ~cms 10 the other pany1hat it bas legal authority and capacity and direction from its prin:::ipal to ent=r into this Agrc=mcnt, and that all rcsolmions and/or other actions have b=n taken so 25 ro enable said signatory to enter into this Agreement. (g) ModifiadioIL. This Agre=mcntmay not be modifi~ U:rminAtPlrl orrescindcd. in whole - or in part, except by written instrument duly ~ and acknowledged by "the partics heretO. their successors or 2SSigns., and duly recorded in "the Official Records of "the San Diego County RecorcL--r's Offi cc. (h) Severability.If8Il)'1eIm, covenant or condition oftbis Agreement orthe application 1hcrcoftoanypcrson or ~.mm~Sba1l, to any cx:tcDt,œinvalid or~.fule;ab1c,1heJ'tMIRinder of this Agr=mcnt, or1heapp1ication of such 1crIn.covcna:nt or amdition "to person . or circmnstanc::, shall not ir-añ=::t=d thereby and each 1eml. covenantor condition shall be valid.and be enforced to -' the fullest CXICIrt p:rmitt=d by law.. .' 0) Preparation ofÁe,~ent. No in:fcrenc:c. assumption orpresumm:i.on shall be årawn from the fu=r that a parry or its attDm=y prepared anellor drafted 1his Agre::m~ It shall be conciusiveiy presumed thaI both pa.1:iesparricipared ~quaIJy in1:heprepmarion andior årn:fring of this Agr=ment. ;' *'- [REMAINDER OF PAGE INTENTIONALLY L.::.t I BLANK.] . . T : \mcmillill\alay\PrlcwyEas923 -6- 9123(91 J~Z5/ J/¿J .-- - - " - - IN VVITNESs WHEREOF, th:: pani=s h=r=tO DaV:: caused this Agre::mcn! to b= c:xe:::Ut:::d th:: å.2y and year ñrst s:::! forth above. Cm'" OF CHUL~ VISTA. a municipal McMILLIN OTA Y RANCH. LLC, corporation a D--laware limited liability compaI1'.' BY: McMILLIN CaMP ANIES, LLC, - a Delaware limited liability company By: Its: MsmR~ng Member - - Mayor By TItle: Attest: By TItle: . .Bc:v=rjy Authc:ict, City Clerk .' --- APPROVED AS TO FORM: By: By: , City Attorney Attorn~ for McMillin Otay Ranch., LLC . T : \mcmiI1in1øar.y\Prl<wy Eas923 -7- 9fDf91 .-. .- /~5Í3 ~- ~/ .- - - . . - EXHIBIT .. A ., . The Propenv [To Be Attached] = " -. ¥' .\0- -' -- /58-- L/::L -- T: \mcmiIIia\øoay\Plkwy Eas923 9123191 - - . - EXHIBIT "B.' " tion W Otten D~cnD . . Public A.rea!' - n MHO,&. MalDtalDed [T B" A.na::h~d] J 0 -" - - -.- , ~- - '0 .- . - T: \mc:miIIiD \øoay\PftwyE8s9 ~5ß '--1/J 9IZJI9I - - - EXHIBIT .. C" Geoeral Utrlitv F.-cemeot - - .' , ~- . J~ß ,-- 1/ '/ .- T: \mcmilliø\Dlay\Prlcwy&s923 9123/98 Schedule 1 M CMILLIN Otay Ranch SPA One Reso. No. 19034 Tentative Subdivision Map PeS 98-04 CONDmONSOFAPPROVAL Unless otherwise specified or required by law: (a). the. conditions and Code requirements set forth below shall be completed prior to the related final map as determined by the Directors of Planning, Parks and Recreation and/or the =: City Engineer; (b). un1essotherwise specified, "dedicate" means grant the applopCiate easement. rather than fee title. Where an easement is required the applicant sh311 be required 10 provide subordination of any prior lien holders in order to ensure that the City has a first priority interest m such]and unless otherwise excused by the City. Where fee title js granted or dedicatP.d to the City, said fee 1it1e shall be free and clear of all encumbrances, unless otherwise excused by "the City. The Devèloper bas:requested "A. Maps for the first Final Map on "the project. An." A" Map shall be defined as a master subdivision or parcel .map ,filed :in .accordance with the .S1ibdivisÏon Map Act æ1d the Chula Vista Municipal Çode, which shows &Super Bloèk" lots corresponding 10 "the uriits:andphasing or combination of units aDd phasing 1hereof,and which does -not contain individual single or multi..,family lots or a subdivision of the multi-family lots shown on the 1entative map. . Subsequent to. the approval of myoMA. Map, the applicant may process the necessary :final "B" Maps. A Final "B" Mapjs defined as a final subdivision or parcel map, filed .in accordance with the Subdivision Map Act and the Chula Vista Municipal Code, which proposes to subdivide land into individual single or multi-family lots, or contains -a subdivision of the multi-family lots shown on the tentative map. The "B" Map shall be in substantial conformance with the related approved final "A" Map. . . .- Should conflicting wording or standards occur between these conditions of approval, any conflict shall be resolved by the City Manager or designee. G ENERAL/PRELIMINAR Y 1. Prior to each :final applicable map, the Developer will comply with all requirements and guidelines of the Parks, Recreation. Open Space and Trails Plan, Public Facilities Financing Plan, Ranch Wide Affordable Housing PIan. Spa One Affordable Housing PIan. and the Non-Renewable Energy Conservation Plan, unless specifically modified by the appropriate department head. with the approval of the City Manager. These plans may be subject to minor modifications by the appropriate department head, with the approval of the City Manager, however, any material modifications shall be subject to approval by the City Council. 2. All of the terms, covenants and conditions contained herein shall be binding upon and inure to the benefit of the heirs, successors, assigns and representatives of the Developer as to any or all of the Property. For purposes of this documen( the term "Developer" shall also mean "Applicant". 3. If any of the terms, covenants or conditions contained herem shall fail to occur or if they are, by their terms, to be implemented and maint:lined over time, if any of such conditions fail to be so implemented and maintained according to their terms. the City shall have the right to revoke or modify all approvals herein granted including issuance of building permits, . deny, or further condition the subsequent approvals that are derived from the approvals hereinyanted. institute and prosecute litigation to compel their compliance with said conditions or seek damages for their vio1ation. The applicant shall be notified 10 days iri. advance prior to any of the above actions being taken by the - City and shall be given the opportunity to remedy any deficiencies identified by the City. 4. The applicant shall comply with all applicable SPA conditions of approval. 5. Any and all agreements that the applicant is required to enter m hereunder, shall be in a form approved by the City Attorney. /5ß~Lj~ .- Resolution No. 19034 Page 2 of 22 ENVIRONMENTAL 6. Prior to approval of each final "B" Map, the applicant shall enIcr into a supp1cment.al subdivision agreement to implement all applicable mitigation measuresidcntified m EIR 95-01, the CEQA Findings of Fact for this Project and the Mitigation Monitoring and Reporting Program. 7. Prior to the approval of each final "B"Map, the applicant shall comply with all applicable requirements of the Phase 2 Resource Management Plan (RMP) as approved by the City Council on June 4, 19% and as may be .... :!m~rtM from time to time by the City. - 8. The Applicant shall comply with any applicable requirements of the California Department of Fish and Game, the U.S. Department of Fish and W1ldlife and the U.S. Army Corps of Engineers. The applicant shall apply for and receive a 1alœ permit from the appropriate.resource .agencies or comp:!y with an approved MSCP or other equivalent 10( a) permit or Section 7 consultation applicable to the propertY. DESIGN 9. In addition to the requirements outlined .in the City of Chula Vista l.anðscape Manual, privatelym~inrnined slopes in excess of 25 feet in height shall be landscaped and inigated to_soften their appearance as follows: an equivalent of one 5-gallon or larger size tree per each 150 square feet of slope area, one I-gallon or larger size shrub per each 100 square feet of slope area, and appropriate groundcover. Trees and shrubs shall be planted in staggered clusters to soften and vary the slope plane. Landscape and inigation plans for private slopes shall be reviewed and approved by the Planning Director prior to approval of the appropriate final map. " ..... 10. A comprehensive wall plan indicating color, materials, height and location shall be submitted for review and approval by the Planning Director prior to approval of each final "B" Map. Materials and color used shall be compatible and all walls located in corner side-yards or Iear yards facing public or private streets or pedestrian connections shall be constructed of a decorative masonry and/or wrought iron material. A revised acoustical analysis indicating if view fencing, such as a combination of masonry and wrought iron, is allowable at the ends of cul-de-sacs backing up to Telegraph Canyon Road, Olympic Parkway and La Media Road, shall be prepared prior to submittal of the wall plan indicated above. View fencing shall be provided at the ends of all open cul-de-sacs where a sound wall is not required, as required by a final acoustical analysis. The exposed portion of any combination free standing/retaining wall as measured from finish grade shall not exceed 8.5 feet. The applicant shall submit a detail and/or cross section of the maximumlminimum conditions for all "combination walls" which include Ietaining and free standing walls. Said detail shall be included in the grading plans submitted for review and. approval by the Director of Planning prior to the approval of the first grading permit. The maximum height of all retaining walls shall be 2.5 feet in height when combined with freestanding walls which are six feet in height. A 2-3 foot sepaÌ"atÎon shall be provided between free standing. and retaining walls where the combined height would otherwise exceed 8.5 feet. The 8.5 foot wall located in the open space slope adjacent to Neighborhood R-4I shall be reduced in height if possible, when final design grades of the subdivision, trail and drainage channel are determined. If the wall height cannot be minimi7.ed., then several smaller walls (2-4 feet in height) shall provided. 11. Lots backing or siding onto pedestrian paseos or parks shall be provided with view fencing such as four feet of wrought iron on top of a two foot masonry wall, in accordance with the comprehensive wall plan and subject to approval by the Fire Marshal and the Planning and Parks and Recreation Directors. Where said wa1llfencing is located. adjacent to any public park, the wa1llfencing, including footing shall be located wholly within the park and m~int~ined by the City. /5í3 - 1/ ~ .- Resolution No. 19034 Page 3 of 22 12. Should the applicant propose an amendment to the Otay Ranch Geocral Development Plan to reduce density within the Village Cores at some time in the future, the provision of alley product shall be analyzed and considered concurrently with said am~ctment. 13. Approval of lot widths and the final number of lots in NeighbOIhood 42 is subject to building design and product site plan approval by the Planning Department. A reduction in the number of currently proposed lots may occur prior to approval of actual building permits for this Neighborhood. 14. Applicant shall elimmatP. the flat areas at the "tops of slopes which are in excess of what is required to maintain and install perimeter walls adjacent to cul-de-sacs baclång onto La Media Road. - 15. Applicant shall reconfigure the following lots to eliminatp. odd property line alignments: 44 and 74 in Neighborhood R-42 and 67 and 70 in Neighborhood R-41. 16. Prior to approval of the lmprovement plans for Valley Bend Court. a plan detailing guard rail and landscape screening for Valley Bend Drive shall be reviewed and approved by the Planning and Engineering Departments. STREETS, RIGHT-OF-WAY AND PUB U C IMPROVEMENTS -17. Prior to approval of each final "ß" Map, the applicant shall accomplisÍ1 the following: 1) dedicate for public use all the public streets shown on the 1enta1ive map within said final"ß" Map. and 2) enter into an agreement to construct and guarantee the construction of all the public streets shown on the tentative map within said final "B" Map. 18. Prior to the approval of the first final "ß" Map for the indicated phase, the applicant shall enter into ,an agreement to construct and guaranreethe construction of the street improvements indicated in Matrix A, which &r.e required by the PFFP for each particular phase: MATRIX "A" PHASE 3 Facilitv # Street Desc:riution Sel!IDent 1 Telegraph Cyn. Rd. Paseo del Rey to E. of Paseo Ladera Full Improvements 2 Telegraph Cyn. Rd. 1-805 interchange Phase n Full Improvements 7 Olympic Pkwy - 1-805 to Paseo Ranchero Full Improvements 9 Olympic Pkwy. 1-805 interchange modifications Full Improvements 11 East Palomar St. Paseo Ranchero to La Media Full Improvements 12 East Palomar St. La Media to Olympìc Parkway Full Improvements 13 Intersection East "IF St./Otay Lakes Rd. Full Improvements 14 Intersection Telegraph Cyn. Rd. to Otay Lakes Rd. Full Improvements 16 Paseo Ranchero Telegraph Cyn. Rd. To E. Palomar S1. Panial improvements(l) 17 ' Paseo Ranchero E. Palomar S1. to Olympic Parkway Panial improvements (1) 18 La Media Rd. Telegraph Cyn. Rd. To E. Palomar S1. Panial improvements (1) jçg--7'!/ .-- .. Resolution No. 19034 Page 4 of 22 PHASE (j 1 Telegraph Cyn. Rd. Pasco del Rey to east of Pasco Ladera Full Improvements 2 Telegraph Cyn. Rd. 1-805 interchange Phase n Full Improvements 4 PlISCO Ranchero East Palomar St. to Olympic parlcway Full Improvements 5 La Media Rd. Telegraph Cyn. Rd. To E. Palomar St. Full Improvemcms 6 La Media Rd. E. Palomar St. to Olympic Pkwy. Full Improvemcms -- 7 Olympic Pkwy. 1-805 to Pasco Ranchero Full Improvements 9 Olympic Pkwy. 1-805 Interchange modifications Full Improvemcms 10 E. Palomar St. Existing improvements to Pasco Ranchero Full Improvements 11 E. Palomar St. Pasco Ranchero to LaMcdia Rd. Full Improvements 12 E. Palomar St. La Media to Olympic Pkwy. Full Improvements 13 Intersection E. "W St./Otay I..akes Rd. Full Improvements .' 14 Intersection Telegraph Cyn. Rd./Otay LaIœs Rd. Full Improvements 16 Pasco Ranchero Telegraph Cyn. Rd. To E. Palomar St. Partial improvements (1) 21 Olympic Pkwy. Pasco Ranchero to La Media Partial improvements (1) 22 Olympic Pkwy. La Media to E. Palomar St. Panial improvements (1) ~ (1) Partial Improvements are described in the PFFP as may be.amended from time to time. Matrix "A" is based upon the PFFP approved by the City Council on June 4. 1996. The City Engineer and Director of Planning may modify Matrix" A" as needed to conform to any future ~mf'.ndment to the PFFP. 19. Secure in accordance with Section 18.16.220 of the Municipal Code. as necessary, the consttuction andJor construct street improvements for all on-site and off-site streets deemed by the City Engineer necessary to provide service to the subject subdivision. Said improvements may include. but not be limited to. asphalt concrete pavement, base. concrete curb. gutter and sidewalk, sewer. reclaimed water and water utilities. drainage facilities, street lights, signs. landscaping. irrigation, fencing, fire hydrants and traffic signal interconnection conduits and wiring. Street cross sections shall conform to the cross sections shown on the Tentative Map. All other design criteria shall comply with the Chula Vista Design Standards. Chula VISta Street Design Standards. the Chula Vista Subdivision Manual and the City Landscape Manual current at the time of approval of the appropriate final "B" Map. unless otherwise conditioned or approved herein. Exhibit A indicates the relationship between the Otay Ranch SPA One roadway designations and the approved City designations in the Circulation Element of the General Plan for purposes of determining the appropriate design standards for all streets within SPA One. Should the City Engineer deem that the construction of sidewalks along the offsite portions of Olympic Parkway and East Palomar Street west of Paseo Ranchero is not necessary to provide service to the subject subdivision. such construction may be delayed. 20. Include a fully activated traffic signal at the following intersections as part of the improvement plans associated with the final "B" Map which triggers the installation of the related street improvements. a. East Palomar Street and Pasco Ranchero b. East Palomar Street and La Media Road J_5ß ~~ JY .-- Resolution No. 19034 Page 5 of 22 c. East Palomar Street and Olympic Parkway d. Olympic Parkway and Paseo R.and1ero e. Olympic Parkway and La Media Road Install underground improvements, standards and street lights with the constrUCtion of street improvements. and install mast arms, signal heads and associated equipment as determined by the City Engineer. 21. Applicant shall submit to and obtain approval by the City Engineer of striping plans for all collector or higher classification streets simultaneously with the associated improvemeIJ1 plans. .... 22. All vertical and horizontal curves and intersections of all streets shall meet the sight distance requirements of the Caltrans Highway Design Manual. Sight visibility easements shall be granted as necessary to comply with the requirements m the Caltrans Highway Design Manual. Any conflict between the Caltrans Highway Design Manual and the Ci1y standards shall be resolved by the City Engineer. 23. Prior to the approval of any final "'B" Map conn.iningparkways, the Developer :shall agree to plant trees within all street parkways and street tree easements which have -been selected from "the revised list of appropriate tree species descn1>ed in the Village Design Plan which shall be approved by the Directors of Planning, Parks and Recreation and Pub1ic Works. The applicant shall provide root control methods per the requirements of the Parks añd Recreation Director, install an irrigation1ine from each individuall1ome to 'Íheadjacent parkway, and provide a deep watering irrigation system for the trees. The improvement plans, including final selection of street trees, for the street parkways sha1l be approved by the Directors of Planning, Parks and Recreation and "the City Engineer. 24. The developer shall install irrigation and landscaping for each parkway prior to owner occupancy of the residence benefited by the parkway, in accordance with plans submitted to, and reviewed and approved by, thf: , Planning Department. .\-- 25. CC&Rs for the project sha1l be submitted to the Planning Department for review and approval, and shall include provisions which clearly indicate the responsibility of the individnal homeowners to water and maintain irrigation and planting within the parkways. The CC&Rs shall also indicate that the Master Homeowner's Association shall have both the authority and the obligation to enforce said m:lint~:Ince. 26. Homeowner Landscape Guidelines for Parkway Landscape 1\,bmt~:Ince sha1l be submitted to the City for review and approval, and sha1l be included as an attachment to the CC&Rs, thereby providing spec~c maintenance guidelines as an integral part of the CC&R documents. 27. The City of Chula Vista shall be named as party to the CC&Rs, with the authority, but not the obligation, to enforce the terms and conditions of the CC&Rs in the same manner as any owner within the subdivision. 28. The CC&Rs for the project shall include language which specifies that individual residents may not modify the parkway planting. 29. Enter into an agreement with the City, prior to approval of the first final Map (including an "A" Map), in which the developer agrees to the following: a. Fund and install Chula Vista transit stop facilities (i.e., bus stops) when directed by the Director of . Public Works. The improvement plans for said stops shall be prepared in accordance with the transit stop details descnòed in the Village Design Plans and approved by the Directors of Planning and Public Works. b. Not protest the formation of any future regional benefit assessment district to finance the Light Rail Transit. /--58 -- Ljj' .- Resolution No. 19034 Page 6 of 22 c. Fund its fair share of the cost of construction of the two pedestrian bridges connecting Village One to Village Two and Village Five to Village Six as detemrined by the City Engineer based on the proportionate benefit received from the improvements. The developer shall also identify the ñmmciog mechanism to be used to fund said cost. 30. Prior to approval of the appropriate final map, unless otherwise approved by the City Engineer, the Developer shall grant in fee to the City the right-of-way for the Light Rail Transit as indicated on the typical cross section of East Palomar Street on the approved Tentative Map. Said right-of-way shall be granted to the City for open space, transportation, and other public purposes. Said right-of-way shall not extend across street intersections unless approved by the City Engineer. Said right~f-way shall be ÚlCluded Ùl an open space district. ~ - 31. Developer shall guarantee the construction and enter into an agreement to construct the pedestrian bridge connecting Village One to Village Five in accordance with improvement plans approved by the City prior to approval of the final map that requires construction of La Media Road between East Palomar Street and Olympic Parkway. The developer shall construct said bridge-, at the 1ime.when that portion of La Media Road is constructed and may seek, with the concmrence of the City, repayment from other benefiting property owners through a reimbursement district. 32. In the event the Federal Govemmentadopts ADA standards for street rights-of-way which are in conflict With the standards and approvals containedherein, all such approvals conflictïng with those standards shall be updated to reflect 1hose standards. Unless otherwise required by federal Jaw, City ADA standards may be considered vested, as determined by Federal regulations, only after construction has commenced. 33. Applicant shall include the necessary modifications to the applicable existing traffic signals at the intersection of Telegraph Canyon Road at Otay Lakes Road as part of the improvement plans associated with the first final "B" Map which niggers the construction of La Media Road. :.- Applicant shall install underground improvements, standards and street lights with the construction of street improvements, and install mast arms, signal heads and associated equipment as detemúned by the City Engineer. 34. Applicant shall provide: (1) a minimum setback of 19.5 feet on driveways from the back of sidewalk to garage, (2) a minimum 7-foot parkway (face of curb to property line) around the turnaround area of the cul-de-sac, and (3) sectional roll-up type garage doors at all properties fronting on streets which are proposed for construction in accordance with the detail of the "typical C1Ù-de-sac, 150 feet or less" shown on Sheet 1 of the tentative map, except as provided for in the Planned Community Disnict Regulations or approved by the City Engineer and the Planning Director. At the ends of open C1Ù-de-saCS, where no residential lots are located, the sidewalk may be contiguous with the curb, with an open view fence located directly behind the sidewalk. 35. Applicant shall not install privately owned water, reclaimed water, or other utilities crossing any public street. This shall include the prohibition of the mstallation of sleeves for future construction of privately owned facilities. The City Engineer may waive this requirement if the following is accomplished: a. The developer enters into an agreement with the City where the developer agrees to the following: 1. Apply for an encroachment permit for installation of the private facilities within the public right-of-way. 2. Maintain membership Ùl an advance notice service such as the USA ~ig Alert Service. 3. Mark out any private facilities owned by the developer whenever work is performed in the area. 4. The terms of this agreement shall be binding upon the successors and assigns of the developer. .-- J ~-- if ¡;-- 0 .- -_!7 / --~ Resolution No. 19034 Page 7 of 22 b. Shmoff devices as determined by the City ¡:;~n"""-~ are provided at those locations where private facilities traverse public streets. 36. Residential Street Condition A as denoted on the cover page of the temative map is the preferred section and shall be implemented on all residential streets, exclucling the duplex product, unless otherwise approved by the City En~ and Planning Director. Following is a list of streets where Residential Street Condition A shall be implemented: NeighboIbood R-41: Sierra Verde Drive, Corral View Avenue, Valley Bend Drive, Ranchette Court, Misty ... Ridge Avenue. ... Neighborhood R-42: Sierra Verde Drive. Residential street Condition B may be used inNeighborhoodR-42, except for Sieua Verde Drive. 37- The applicant shall submit a.conceptual design for the bridge connections between Village One and Village Five which IDdicates materials, height, location, etc. Said design plan shall be reviewed and approved by the !?1anning Director prior to approval of the final"B" Map that requires coIlStl1J?rion of La Media Road between East Palomar Street and Olympic Parkway. 38. Requested General Waivers 1, 2 and 3, as indicated on the cover sheet of the tentative map, are hereby approved. 39. The developer shall dedicate the right of way and easements within the boundaries of the tentative map lor other land owners 10 pioneer public facilities in the property as required by the Public Facilities Financing aan (pFFP); provided, however, that such dedications shall be restricted 10 those reasonably necessary for the construction of the facilities identified in the PFFP. 40. The Developer shall be respons1ole for the construction of full improvements of that portion of East Palomar Street contained within the proposed tentative map, including the installation of full transit stop improvements at the Village Five core. In the event said portion of East Palomar Street is proposed for construction in phases, the Developer shall: (1) submit and obtain approval of the City Engineer of a construction phasing plan, which shall determine the improvements, facilities, and/or dedications 10 be provided with each phase, and (2) enter into an agreement with the City, prior 10 the issuance of any grant of approval for the construction of the initial phase of East Palomar Street, where the Developer agrees to construct the remainine; phases at such time as required by the PFFP. 41. In order to finance the construction of the backbone facilities (which include but are not limited to East Palomar Street within the tentative map, transit stops, pedestrian bridges, Telegraph Canyon detention basin and Poggi Canyon Channel and ~tention basin) not included within a City development fee program and which would provide benefit to areas beyond a single ownership within the Otay Ranch SPA One. the Developer may seek, with the concurrence of the City, payment of the fair share of the construction cost of said facilities from other benefiting properties through the establishment of a reimbursement mechani!m1. a development impact fee program, an assessment mechanism or other equitable facility financing program within the City's discretion. 42. Santa Cora Avenue shall be designed to provide a 10-foot dry lane at each side of the centerline for the 10- year fiequency drainage flow. 43. The developer shall be responsible for grading that offsite portion of East Palomar Street extending from the eastern subdivision boundary (R-40) to the intersection with Santa Rosa Drive, as determined by the City Engineer. Unless otherwise approved by the City Engineer, this grading shall be peñormed in conjunction with the grading for that portion of East Palomar Street extending from Santa Cora Avenue to the eastern subdivision boundary. /5$ ~S) .- Resolution No. 19034 Page 8 of 22 GRADING AND DRAINAGE 44. A. Applicant shall provide a setback, as determined by the City Engineer, and based on the soils ~ring study, betWeen the property Iines of the proposed lots and the top or toe of any slope to be construCted where the proposed grading adjoins undeveloped property or property owned by others. The City Engineer shall nor approve the creation of any lot that does not meet the required setback. B. The developer shall submit notarized letters of permission to grade for all off-site grading. 45. In conjunction with the as built grading plans, the applicant shall submit a list of proposed lots with the - appropriate grading plan indi/,".J¡rine whether the structure will be located on fill, cut or a transition betWeen the tWo - situations. 46. Applicant shall comply with all the provisions of the National Pollutant Discharge R1imin~tion System (NPDES) and the Clean Water Program. 47. Applicant shall provide runoff detention basins or any other facility ~ved by the City Engineer to reduce the peak runoff ttom the development to an amount equal to or less than the present l00-year frequency peak runoff. 48". Prior to approval of: the first final "B" Map or grading permit whiche-ier occurs first for land draining into the Poggi Canyon, the developer shall: a. Guarantee the construCtion of a runoff detentionldesilting basin and naturalized channel in Poggi Canyon unless otherwise approved by the City Engineer. The Developer may construct these facilities at a later time if approved by the City Engineer and if the developer provides private. ; temporary runoff detention basins or other facilities, approved by the City Engineer, which woulš- reduce the peak runoff from the development to an amount equal to less than the present lOO-year peak flow. Said temporary facilities shall comply with all the provisions of the National Pollutant Discharge F.1iminarion System (NPDES) and the Clean Water Program.. Prior to issuance of any grading permit which approves any temporary facility, the developer shall enter into an agreement with the City to guarantee the adequate operation and maintenance (O&M) of said facility. The developer shall provide security satisfactory to the City to guarantee the O&M activities, in the event said facilities are not mainrnined to City standards as determined by the City Engineer. 1. Runoff detentionldesilting basin and nawralized channel in Poggi Canyon; The developer shall be responsible for obtaining all permits and agreements with the environmental regulatory agencies required to perform this work. b. Prepare a IIJ?ÚIllenance program. including a schedule, estimate of cost, operations manual and a financing mechanism for the maintenance of the facilities. Said program shall be subject to approval of the City Engineer, the Director of Parks and Recreation, and the applicable environmental agencies. c. Enter into an agreement with the City of ChuIa Vista and the applicable environmental agencies . (Fish and Game, Fish and Wildlife) wherein the parties agree to implement the maintenance program. d. Enter into an agreement with the City where the developer agrees to the following: 1. Provide for the maintenance of the proposed naturalized channel and detention basin in Poggi Canyon until such time as maintenance of such facilities is assumed by the City or an open space district. /~5[]-5;¿ "" Resolurion No. 19034 Page 9 of 22 2. Provide for the removal of siltation in the Poggi Canyon Channel and detemion basin for a period of five years after all upstream grading of the area contained within the tentative map is completed and erosion protection planñDg is adequately established as determined by the City Engjn~ and Director of Parks and Recreation. 3. Provide for the removal of any siltation in the Poggi Canyon Channel and detention basin attributable to the development for a mitñmnm period of five years after maintenance of such facility is accepted by the City or an Open Space District. 49. Applicant shall ensure that brow channels and ditches f'!T11m1arinr; from and/or rmming through City Open ::t Space are not routed tbrougb private property and vice versa. 50. Applicant shall provide a graded access (12 feet minimum width) and access easements as required by the City Engjneer 10 all public storm drain structures including inlet and outlet structures. Improved access as deten:Irlnedby the City Engineer shall be provided 10 public drainage structureS located in the rear yard of any residential lot. 51. Applicant shall provide a protective fencing system MOUnd: (1) the proposed detention basin at Poggi çanyon,and (2)IDIets and outlets of storm drain structures,BS directed by the City Engjneer. - The final design and types of construCtion materials shall be subject 10 approval of "the Director of pThnning and "the City Engineer. 52. Applicant shall designate all drainage facilities draining private property to the point of connection with public facilities as private. 53. Applicant shall provide a 6 inch thick concrete access road to the bottom of the proposed detention basÌI\5- This access shall have a minimum width of 12 feet, a maximum slope of 8 %, and a heavy broom finish on the ramp as directed by the City Engineer. 54. Applicant shall provide graded maintenance access roads along both sides of the proposed on-site and off-sire portions of the Poggi Canyon Channel. The width of said roads sbaI1 be 12 feet unless otherwise approved by the City Engineer. The final dimensions and location of the access roads shall be as determined by the City Engineer. 55. .As part of the construction of the regional trail, applicant shall install a fence along those portions of the proposed maintenance access road of the Poggi Canyon Channel, which is proposed to be incorporated into the Regional Trail System. The fence shall be erected only at those locations where its installation will not interfere with the normal channel maintenance. The specific locations where the fence will be allowed and the fence details shall be as determined by the City Engineer and Director of Planning or Parks and Recreation. 56. Prior to approval of mass grading plans, the Developer shall prepare and obtain approval by the City Engineer, Director of P~g and Director of Parks and Recreation of an erosion and sedimentation control plan. Prior to approval of the street improvement plans for Neighborhoods R-40, 41, 42 and 43 the Developer sbaI1 obtain approval of landscaperJIrigation plans. 57. Landform grading, similar to what was proposed along Telegraph Canyon Road on tentative map 97-02 and consistent with City policy and the approved tentative maps for the adjacent properties, shall be implemented adjacent to all Qff-site major roads (i.e., East Palomar Street and Olympic Parkway). 58. Applicant sbal1 indicate on all affected grading plans that all walls which are to be maintained by open space districts or other similar methods shall be constructed entirely within open space lots. 59. The grading plans for the intersection at Olympic Parkway IPaseo Ranchero sbaI1 include a partial grading of the area that would accommodate the future grade separated intersection. The elevations and extent of the required grading shall be determined by the City Engineer to: (1) allow in the future the construction of any additional grading / 5/3 -- -(3 .- ResolUtion No. 19034 Page 10 of 22 necessary for the 1Ùrimate intersection configuration. and (2) constrUCt the Poggi Canyon Channel at its ulIimare location. 60. Prior to approval of the first grading permit for any land contained within the tentative map, the developer shall submit and obtain the approval of the City Engineer of the followÏng: a. A grading study demonstrating that the grading depicted in the tentative map will generate the necessary :fill to construct those portions of Olympic Parkway and the Poggi Canyon- Cbannellocared within the subdivision boundaries. This study shall incorporate the most recent design information for those facilities, including the findin~ and recommendations, if available, of CIP project No. STM 331, Olympic - Parkway from Oleander Avenue to SR-l25. Said grading study shall identify the proposed location for stockpiling of:fill material. b. A grading study of the area required for the emergency storage reservoir of the proposed sewer pump station. c. A phasing program identifying the extent of the interim grading which would provide (1) adequate setbacks from the existing Poggi Canyon natural. channel that may be:required by the. öppwprÏate resources agencies and (2) adequate setbacks from -the proposed Jiligm:nents of Plympic Parkway and Poggi Canyon Channel required to accommodate the 1Ùtimate improvements for said facilities. 61. In the event the City Council approves construction of the proposed pump station., the intersection of La Media Road and Olympic Parkway may be required to be graded concurrently with the earliest to occur of the following grading operations: 1) first grading permit for neighborhood R-41; 2) grading required for the construction of the proposed sewer pump station and associated emergency storage reservoir, or 3) prior to the grading of ¡..a Media Road. AIo- 62. Prior to approval of any grading permit for any land cont.aíned within the tentative map, the developer shall accomplish the following: a. Identify on the applicable grading plans the quantity and the proposed location for stockpiling of material reserved for constructing Olympic Parkway and Poggi Canyon Channe1. In the event it is proposed to stockpile material over areas where the 1Ùtimate improvements for Olympic Parkway and Poggi Canyon Channel will be located. the developer shall be responsible for performing any remedial work (i.e., removal, compacting, etc.) of the native soils recommended by the soils engineer, prior to placement of such stockpiled material. b. Enter into an agreement with the City where the developer agrees to make available to the City or any developer pioneering the construction of Olympic Parkway and the Poggi Canyon Channe~ within the subdivision, the :fill ~ identified for constructing said facilities. In the event the material is deposited on a land owned by other property owner, the developer shall be responsible for ensuring that said party is among the signatories to the agreement. SEWER 63. Developer shall provide an improved access road with a minimum width. of 12 feet to all sanitary sewer manhòles. The roadway shall be designed for an H-20 wheel load or other loading as approved by the City Engineer. -64. Prior to approval of any final "B" Map for any property located within the Poggi. Canyon Sewer Trunk gravity basin., the developer shall construct or secure the construction. m accordance with Section 18.16.220 of the Municipal Code, of the Poggi Canyon Sewer Trunk improvements required to serve the properties located within said final map. As an alternative to the gravity sewer line the developer may propose the construction of the sewage pump station shown on the tentative map at the northeastern quadrant of the intersection of East Orange Avenue and La Media Road. Prior to the issuance of any grant of approval for the construction of said "pump station" and / 3ÍY -S:/ .- --- Resolution No. 19034 Page 11 of 22 associaIed improvements, the developer shall comply with all the requirements of Council Policy No. 570-03 (Sewage Pump Station Financing Policy). In addition to the requirements imposed by said Council Policy No. 570- 03, the developer shall accomplish the following: a. Provide an emergency storage reservoir. The design. capacity and location of said reservoir shall be approved by the City Engineer. b. Deposit with the City, prior to the issuance of any grant of approval for the const:rUCtion of said "pump station" and associated improvements, a cash bond or other type of improvement security approved and in an amount to be determined by the City Engineer to secure, 1JPOD. construCtion of the Poggi Canyon - Sewer Trunk. the following activities: (1) removal of the pump station improvements, and (2) connection by - gravity to the future Poggi Canyon Sewer Trunk. c. Provide funding for the update of the Telegraph Canyon Trunk Sewer Pumped Flows DIP. Said update shall be prepared by the City. as directed by the City Engineer. and approved by City Council prior to the issuance of any grant of approval. for the construCtion of said "pump station" and associated improvements. The developer shall not receive credits towards future fees for funding this update. All cost of performing said 11pdate shall bebome by the developer. 65. Fund a revision of the Poggi Canyon Sewer Basin Development ~t Fee reflecrlng the land use of the proposed tentative map. Said revision shall be prepared by the City, as directed by the City Engineer, and approved by the City Council prior to -approval of the first final"B" Map. The developer shall not receive credits towards future fees for funding this revision. All cost of revising the Poggi Canyon Sewer Basin Development Impact Fee shall be bome by the developer. ¥' PARKS/OPEN SPACE/WILDLIFE PRESERVATION ..- General 66. The project shall satisfy the requirements of the Park Land Dedication Ordinance (PLDO). The ordinance establishes a requirement that the project provide three (3) acres of local parks and related improvements per 1, 000 residents. Local parks are comprised of community parks and neighborhood parks. A minimum of tWo thirds (2 acres/l,OOO residents) of local park requirement shall be satisfied through the provision of nun-key neighborhood parks. The rem~¡nmf requirement (1 acre/l,OOO residents) shall be sarisfied through the payment of fees. 67. All local parks shall be consistent with the SPA One PFFP and shall be installed by the Applicant. A construction schedule, requiring all parks to be completed in a timely manner, shall be approved by the Director of Planning and/or Parks and Recreation. 68. - All local parks shall be designed and constructed consistent with the provisions of the Chula Vista Landscape Manual and related Parks -and Recreation and Planning Department specifications and policies. 69. All aspects of the neighborhood parks, shall be designed in accordance with the City Landscape Manual. 70. The Applicant shall receive surplus park credit to the extent the combined park credit for neighborhood parks,. and the town square park exceeds the 3 acres per 1,000 residents standard. This surplus park credit may be utilized by the Applicant to satisfy local park requirements in future SPAs. 71. The Applicant and the City shall mutually agree on a PAD fee reimbursement schedule in coordination with the adopted construction schedule. Milestones will be established fo~ partial reimbursement during the construction process. The City may withhold up to 20% of the park construCtion funds until the park has been completed and accepted. Reimbursement of PAD fees shall include the interest accrued by the City on said PAD fees minus the City's cost of processing and ..dmin¡~ring this reimbursement program. /--5[?-ÇÇ .- Resolution No. 19034 Page 12 of 22 72. Unless otherwise specifically stated herein, Developer shall provide the City with an irrevocable offer of dedication, in a form approved by the City A.ttomq, for all designated. public park lands prior to approval of the first final "B" Map within the phase identified in the PFFP for said parks. 73. Neighborhood Parks: Developer sball provide the City with an irrevocable offer of dedication, in a form approved by the City Attorney, for the parks identified in the PFFP as P-6, 7 and 8 prior to the approval of the final map in accordance with the PFFP phasing. a. In addition to those required PAD fees; the Applicant shall pay PAD fees based on a formula of 2 acres per 1.000 residen!s for the first 833 dwelling units. In the City's sole discretion, PAD fees - may be required for units .in excess of the first 833 dwelling units. b. Prior to the approval of the first final map which creates residentia1lots ("B" Map), the applicant shall enter into a supplemental BgI'CCment where the applicant agrees to construct and guarantees construction of 1be first Déighborhood ~110 1ater than issuance of the building permit for the 833rd dwelling uniLThe agreemcot sball also provide the following: 1. The level of amenities Tequired in the neighborhood park sháll De determined by the DITectür of Planningand/or PMks cmdRecreation ?n conjunction with the park master planning effort required by the City of Chu1a Vista Landscape Manual. The applicant shall complete construction of the Deighborllood park within six (6) months of commencing construction of said park. 2. The timing of construction of Parks P-6, P- 7, P-8 and the regional trails shall be addressed in the revised PFFP. " - 3. At no time following completion of construction of the first phase of the first neighborhood park sball there be a deficit in "constructed neighborhood park" based upon 2 acres/l,ooo residents. Applicant agrees that the City may withhold the issuance of building permits should said deficit occur. For purposes of this condition, the term ..constructed neighborllood park" shall mean that construction of the park has been completed and accepted by the Director of Planning and/or Parks and Recreation as being in compliance with the Park Master Plan, but prior to the mandatory one year maint~mm(".e period. This condition is not intended to supersede any of the City's maintenance guarantee requirements. 4. The Applicant shall receive reimbursement of PAD fees for any amount above their pro- rata share for the costs of constructing a turn-key park constructed in accordance with the Parks Master Plan. c. The applicant sball grant to the City, at the .. A" Map stage, an irrevocable offer of dedication for all neighborhood parks shown on the Tentative Map. 74. Communitv Parks: Prior to the approval of each final "B" Map the Applicant sball pay PAD fees for the Community Par~ based upon a formula of 1 acre per 1, 000 residents . 75. Trails/Doen Space: a. All trails shall connect to adjoining.. existing and/or proposed trails in nei~boring development projects, as determined by the Director of Planning and/or Parks and Recreation. b. The maximum gradient for connector trails shall be 10%. Steeper grades of up to 12% for short runs of 50 feet may be permitted subject to the approval by the Director of Planning and/or Parks and Recreation. IS!5~-~3þ .-- .- Resolution No. 19034 Page 13 of 22 c. The graded section upon which the c:oIJDeCting trails are consnucted shall be 10 feet in width. Six feet shall be provided for the trail bed, with a 2 foot graded shoulder on either side. d. T jnrl~ and irrigation plans for the transit right-of-way shall be reviewed and approved by the Director of PlanniDg and/or Parks and Recreation in conjunction with the landscape plans for East Palomar Street. OPEN SPA CEI ASSESSMENTS 76. Prior to the approval of the first final "B" Map, the developer shall: - a. Submit and obtain approval of theSP A One Open Space Master Plan from the Director of Planning and/or Parks and Recreation. The Open Space Master Plan shall be based upon the approved Concept and Analysis Plan. the _requirements ofwbich are outlined in the City of Chula Vista T Mld!:!'..ape Manual .andinclude1mt are not limited to elements such as final recreational trail aligom~ts JU1d fencingand~. b. Request the formation of an Open Space District .consistcntwith a financing mechanism approved by the City Council. The district formation shallbesubmitted:to Council for consideration prior to approval of the first final "'B" Map. :rvbint~:mce of thé open space improvements shall be accomplished by the developer for a minimum -period of one year or until such time as accepted mto the open space district by the DÚ"ectOr of.Parks and Recreation. If Council does not approve the open space district formation, some other i1nancing ml"r.h:miml shall be identified and submitted to Council for consideration prior to approval of the first :final map. " c. Submit evidence acceptable to the City Engineer and the Director of P1annin~and/or Parks apd Recreation of the formation of a Master Homeowner's Association (MHOA), or another financial mechanism acceptable to the City, which includes all the properties within the approved tentative map prior to approval of the first "B" Map. The MHOA shall be responsible for the maintenance of the ÜI1proVements listed m Condition 74d. The City Engjneer and the Director of Planning <mdIor Parks and Recreation may require that some of those improvements be maintained by the Open Space District. The final determination of which improvements are to be included in the Open Space District and those to be mainrnined by the MHOA shall be made during the Open Space District Proceedings. The MHOA shall be structUI'ed to allow annexation of future tentative map areas in the event the City Engineer and Director of PlamDng and/or Parks and Recreation require such annexation of future tentative map areas. The MHOA formation documents shall be approved by the City Attorney. d. Submit a list of all Otay Ranch SPA One facilities and other items to be maintained by the proposed district. Separate lists shall be submitted for the improvements and facilities to be maintained by the Open Space District and those to be maÏ1mlinl".Ci by a Master Homeowner's Association. Include a description, quantity and cost per year for the perpetual maintenance of said improvements. These lists shall include but are not limited to the following facilities and improvements: 1. All facilities located on open space lots to include but not be limited to: walls, fences, . water fountains, lighting structureS, paths, trails, access roads, drainage structures and landscaping. Each open space lot shall also be broken down by the number of acres of turf, irrigated, and non-irrigated open space to aid in the estimati~n of a maintenance budget thereof. 2. Medians and parkways along Olympic Parkway (onsite and offsite), Paseo Ranchero, La Media Road, East Palomar Street (onsÏte and offsite) and all other street parkways proposed for maintenance by the open spaœ district or Homeowners' Association. /_S-ß--S? -- ResolUtion No. 19034 Page 14 of 22 3. The proposed detention basin in Telegraph Canyon and the fair share of the maintenance of the existing natuI'aliz(:d Telegraph Canyon ChMmt>.1 east of Paseo Ladera as determined by the City Engineer based on the proportional benefit received from the improvements. This includes but is not limited to the cost of ma1ntf!nanr,e and all cost to comply with the Department of Fish and Game and Corps of F.n~ permit requirements. 4. The proposed detention basin and naturalized channel in Poggi Canyon. This includes but is not limited to the cost of ma1ntf!nance and all cost to comply with the Department of Fish and Game and the Corps of Engineers permit requirements. 5. Pedestrian Bridges. - e. All costs of formation and other costs associated with the processing of the open space district shall be borne by the developer. f. Provide &1 thé:necessary information and materials (e.g.~ exhibits, diagrams, etc.) as determined by the City Engineer to prepare the engineer's report iorthe proposed open space district. 77. Developer shall .include in me CC&Rs, if applicable, the obligarion of the Homeowners' Association to mÍlintain all the facilities and improvements within private open space lots prior 'to the approval of the first final map ccmtaÏnÏng said lots. 78. Developer shall grade a level, clear area at least three feet wide (face of wall to top of slope), along the leD.¡,oth of any wall abutting an open space district lot, as measured from face-of-wall to beginning of slope, said area as approved by the City Engineer and the Director of Planning and/or Parks and Recreation. l' I>- 79. Developer shall ensure that all buyers of lots adjoining open space lots containing walls m;¡int;¡ined by the open space district sign a statement. when pmchasing their homes, st:ipu1atin.g that they are aware that they shall not modify or supplement the wall or encroach onto the open space lots. These restrictions shall also be incorporated in the CC&Rs for each lot. 80. Developer sba1l agree to not protest formation or inclusion in a maintenance disttict or zone for the maintenance of landscaped medians and scenic corridors along streets within and adjacent to the subject subdivision. 81. Unless otherwise approved by the City Engineer, the Developer sba1l grant in-fee to the City on the appropriate final map, all open space lots shown on the tentative map and execute and record a deed for each of the lots to be m;¡int;¡inp-d through the open space district. 82. Developer shall provide documentation, prior to the approval of the :first final "B" Map, to the Director of Planning and the City Engineer that an annexable Mello-Roos District, or other financing mech:mh:m approved by the Sweetwater High. School District and the Chula Vlsta Elementary School District has been established to provide for construction of schools. 83. The update of the Public Facilities Development Impact Fee (currently being prepared) which incorporates the public facilities proposed in the Otay Ranch SPA One shall be approved by City Council prior to the approval of any ~"B" Map. - 84. Prior to issuance of any grading permit which includes bnCl!:C'.aping and Irrigation (L &'1) improvements to be installed in an- open space lot to be maintainf'.d by the open space district. the developer shall place a cash deposit with the City which will guarantee the maintenance. of the L & I improvements, prior to City acceptance of said improvements, in the. event the. improvements are not. maintained to City standards as determined by the City Engineer and the Director of Planning and/or Parks and Recreation. The amount of the deposit shall be equivalent to the estimated cost of maintaining the open space lots to City standards for a period of six months as determined by the /fg-sy .-- ResolUtion No. 19034 Page 15 of 22 City Engineer. Any unused portion of said deposit may be incoIporated into the open space district's reserve at such time as the m:lmtf"T1::m~ of the open space lot is assumed by the open space district. 85. Developer shall ensure that all buyers of lots fronting residen1ial streets constructed in accordance with Condition A sign a statement, when purchasing 1heir homes, stipu1a1ing that (I) they are aware that the individual homeowner will be respons1òle for the mint~:mce of the 1:mrl!;('.apÍDg improvements loca1ed betWeen the curb and the sidewalk (excluding City approved trees), and (2) they shall DOt replace or remove any trees planted betWeen the curb and the sidewalk: without the approval of the City. These provisions shall be incorporated in the CC&Rs for each lot. - - WATER 86. Developer shall provide to the City a letter from Otay M1D1icipal Ware¡: District Ïndicating that the assessments! bonded indebtedness for all parcels dedicated or grmttedm fee to the City have been paid or that no assessments exist on 1heparcel(s). 87. Developer shall present verification 10 the City F~m -the form ofa letter from -Otay Ware¡: District that the subdivision will be provided adequate water service and long 1ermwater storage facilities. EASEMENTS 88. Developer shall grant to the City a 10' wide easement for general utility pmposes along public street frontage of all open space lots offered for dedication to the City unless otherwise approved by the City Engineer. 89. Developer shall indicate on the appropriate "B" Map a reservation of easements to the furore Homeowners: , Association for private Storm drain and private sewer facilities within City open space lots as directed by the Ciw.- Engineer. 90. Developer shall obtain, prior to approval of any :final "B" Map, all off-site right-of-way necessary for the installation of the required improvements for that subdivision, including the installation of the required East Palomar Street Improvements thereto. The developer shall also provide easements for all on-site and off-site public drainage facilities, sewers, m:lmtf"T1:1nC'.e roads, and any other public facilities necessary to provide service to the subject subdivision. 91. Notify the City at least 60 days prior to consideration of the :final map by City if off-site right-of-way cannot be obtained as required by the Conditions of approval. (Only off-site right-of-way or easements affected by Section 66462.5 of the Subdivision Map Act are'covered by this condition.) After said notification, the developer shall: a. Pay the full cost of acquiring off-site right-of-way or easements reqWred by the Conditions of Approval of the tentative map. b. Deposit with the City the estimated cost of acquiring said right-of-way or easements. Said estimate to be approved by the City Engineer. c. Have all easements and/or right-of-way documents and plats prepared and appraisals complete . which are necessary to commence condemnation prOC'PPAm~s as determined by the City Attorney. d. Request that the City use its powers of Eminent Domain 10 acquire right-of-way, easements or licenses needed for off-site improvements or work related 10 the :final map. The developers shall pay all costs, both direct and indirect incurred in said acquisition. The requirements of a, b and c above shall be accomplished prior to the approval of the appropriate Final Map. J5[J -- ~/ -- ResolUtion No. 19034 Page 16 of 22 92. Developer shall grant ease1JI~tJ: to subsequent owners pursuant to Section 18.20.150 of the City Municipal Code on any final map that proposes private utilities or drainage facilities crossIDg propeny lines as directed by the City F.ngjn~. 93. Developer shall grant to City on the appropriate:final "B" Map tWo foot access easements along the rear and side property line of lots aijoiDing wa1ls 10 be maintainM by the open space district. The locations of these easements shall be as required by the Director of Planning and/or Parks and Recreation and the City Engineer to provide adequate access for m:lÌT1~:lnœ of said walls. 94. Developer shall grant on the appíOpriate final '"B" Map the following: (1.) a minimum 15 foot wide ~ drainage and access easetnent for storm drains located between residentiallJI1Îts, and (2.) a minimum 20 foot wide sewer and access easement for sewer lines located between residential mlÌts. The City Engineer may approve that a reduced (storm draJn and/or sewer) easeD)('!T1t width be granted at those locations where storm drains are proposed adjacent to sewer lines. All other easeJJ'lentJ: sba1l meet City standards for required width. AGREEMENTS /F1N AN CIAL 95. Developer shall enter into a supplemental agreement with the City~ prior to approval of each final "B" Map, 'where -the developer agrees to the following: : a. That the City may withhold building permits for the subject subdivision if any one of the following occur: 1. Regional development threshold limits set by the adopted East Chula Vista Transportation Phasing Plan have been reached. :.:.. 2. Traffic volumes, levels of service, public utilities and/or services exceed the threshold standards in the then effective Growth Management Ordinance. . 3. The applicant does not comply with the terms of the Reserve Fund Program. b. That the City may withhold building permits for any of the phases of development identified in the Public Facilities Financing Plan (PFFP) for Otay Ranch SPA One if the required facilities, as identified in the PFFP or as amended by the Annual Monitoring Program, have not been completed. c. Defend, indemnify and hold harmless the City and its agents. officers and employees, from any claim, action or proceeding against the City or its agents, officers or employees to attack, set aside, void or ~ any approval by the City. including approval by its Planning Commission, City Couocil or any approval by its agents, officers, or employees with regard to this subdivision approval. d. Hold the City harmless from any liability for erosion, siltation or increase flow of drainage resulting from this project. . Ensure that all. franchised cable television companies ("Cable Company") are permitted equal e. opportunity to place conduit and provide cable television service to each lot on, public streets within the subdivision. Restrict access to the conduit to only those franchised cable television companies who are, and remain in compliance with, all of the terms and conditions of the franchise and which are in further compliance with. all other nùes, regulations, ordinances and procedures regulating and affecting the operation of cable television companies as same may have been, or may from time to time be issued by the City of Chula Vista. /~e--&¿? Resolution No. 19034 Page 17 of 22 f. Include in the Articles of Incorporation or Charter for the Homeowners' Association (BOA) provisions prohI"biting the HOA .from dedicating or conveying for public Streets, land used for private streets (i.e., in multi-family areas) without approval of 100% of all the HOA members. g. Ensure that all insurance companies are permitted equal opportunity to go oUt to bid to provide a Cooperative Homeowner's Insurance Program (CHIP). 96. Developer shall enter into a supplemental agreement with the City prior to approval of the first :final "B" Map, where the developer agrees to the following: . - a. Participate, on a fair share basis, in 3Il}' deficiency plan or financial program adopted by SANDAG to comply with the Congestion Management Program (CMP). b. To not protest the formation of any funJre Tegional impact fee program or facilities benefit district to finance the construction of correctional :facilities. 97. The applicant shall comply with the Affòrðable Housing Agreement approved by the City Council on February 10, 1998 by Resolution 18885. 98. The Applicant shall pay, prior to approval of the first. "B" Map, their proportional share, as determined by the Director of Planning and/or Parks and Recreation, of a collaborative study analyzing local park needs for the area east of the 1-805 Freeway. 99. Prior to the approval of the first:final "B" Map, the Developer shall submit and obtain approval by the City Engineer of an "Improvement Phasing Schedule" which will identify the timing of construction of all backbone . facilities and/or completion of the activity noted in the following table. The Improvement Phasing Schedule shall ~ consistent with the PFFP as amended from time 10 time. cosr ITEM TO BE INCLUDED IN IMPROVEMENT PHASING SCHEDULE FA CllJTY *Payment of Telegraph Canyon Basin Drainage DIP For areas covered by backbone streets and all common areas with include, but are not limited to, parks, schools, aseos and ace lots. *Acquisition/dedication of off-site drainage easement. Poggi Canyon Channel (on-site and off-site) and *Construction and ma1ntf".nanc-.e (prior to City detention basin tanCe ). Security satisfactory to the City shall be provided for. the above backbone facilities when their construction or compliance is triggered as identified in the approved Improvement Phasing Schedule. . In addition to the foregoing, prior to approval of the first :final "B" Map, the Developer shall provide security satisfactory to the City Engineer to guarantee the construction of the following: . a. FWl improvements of that portion of East Palomar Street contained within the tentative map boundaries including full improvements of the transit stop proposed in East Palomar Street at the Village Five core. b. Fair share of the improvements for the pedestrian bridges connecting Village One to Village Five, Village One to Village Two and Village Five to Village Six. The amount of the security for the above Doted improvements shall be 110% times a construction cost estimate approved by the City Engineer if improvement plans have been approved by the City; 150% times the approved cost ... /fß- ¿/ ... Resolution No. 19034 Page 18 of 22 estimate if improvement plans are being processed by the City or 200 % times the construction cost estimate approved by the City FT1gjnt-Pr if improvement plans have not been submined for City review. A lesser percentage may be required if it is demonstrated to the satisfaction of the City F~f'1'T that sufficient data or other information is available to warrant such reduction. SCHOOLS 100. The Applicant shall deliver to the School District, a graded e1f!T11~ry school site including utilities provided to the site and an all weather access xoad acceptable to the District, located within Village Five, prior to issuance of the SOOth resjd~tial building permit (150 students). The all weather access road shaII also be acceptable - to the FJre Department. This schedule is .subject to modification by the School district CIS based on District facility needs. MISCELLANEOUS 101. Devclopersha1l include ÍD -the Declaration of Covenants, Conditions and Restrictions (CC&Rs)provisìons assuring m:l;nt~:lnœ of 3ll streets, driveways, drainage and :sewage .systems which 'are private. The CC&Rsshall also include provisions requiring the HOAto obtain 'an-encroachment permit from the City prior to performing work on any private easement which may disturb any existing 1andscaping or ;any other publidmprovements. The City of Chula Vista shall be named as party to said Declaration authorizing "the City tóenforce the terms and conditions of the Dec1arationin the same manner. as any owner within the subdivision. The CC&R' s shall also .include language which States that any proposal by the BOA for dedication or conveyance for public pmposes of land used for private streets (Le., ÍDmulti-family areas) will require prior written approval of 100% of all the Homeowners' Association members. .' 102. The Developer is required to submit copies of Final Maps ÍD a digital Îormat such as (DXF) graphic file. prior to approval of each Final Map. Provide Computer Aided Design (CAD) copy of the Final map based on accurate coordinate geometry calculations ~ submit the information in accordance with the City Guidelines for Digital Submittal in duplicate on 5-114" lID or 3-112" disks. Submit as-built improvement and grading plans in digital format. Provide security to guarantee the ultimate submittal of improvements and grading digital files. Update electronic files after any construction pen and ink changes to the grading or improvement plans and resubmit to the City. 103. Developer shall tie the boundary of the subdivision to the California System -Zone VI (1983). 104. The developer may submit and obtain the approval of the City of a master :final map ("A" Map) showing "super block" lots COITesponding to the 1D1Ìts and phasing or combination of 1D1Ìts and phasing thereof. Said" A" map shaII also show the backbone street dedications and utility easements required to serve the "super block" lots. All "super block" lots created shall have access to a dedicated public street. Said" A" map shall not be considered the first map as indicated in othet: conditions of approval unless said map contains single or multiple family lots or a subdivision of the.mu1tiple family lots shown on "the tentative map or unless otherwise ;nd;r.ated in said conditions of approval.. The City shall not require improvement plans in order to approve a :final map for any "A" Map lots, but - the developer shall provide security to guarantee the construction of the backbone facilities, prior to approval of any " A" Map in the following amounts: The amount of the security for the above noted improvements shall be 110% times a construction cost estimate approved by the City Rngjnf'P.r if improvement plans have been approved by the City, 150 % times the approved cost estimate if improvement plans are being processed by the City or 200 % times the construction ~st estimate approved by the City Engineer if improvement plans have not been submitted for City review. A lesser percentage may be required if it is demonsti-ated to the satisfaction of the City Engineer that sufficient data or other information is available to warrant such reduction. Prior to approval of the first "A" Map, the Developer shall enter into an agreement where the Developer agrees that the subsequent development of a multiple family lot, which does not require the filing of a "B" Map, shall meet /Sß-¿.2 .- Resolution No. 19034 Page 19 of 22 (prior to issuance of a building permit for that lot) all the applicable conditions of approval of the tentative map, as determined by the City Engineer. Construction of non-bac-Jmnnt'. streets adjacent to multiple family lots will not need bonding with the :final "A" Map which created such lot. However, such improvements will be required to be constructed under the M1D1icipal Code provisions requiring constrUCtion of street improvements under the design review and building permit issuance processes. In the event of a filing of a final map which requires oversizing (m accordance with the restrictions of state law and City ordinances) of the improvements necessary to serve other properties, said :final map shall be required to install all necessary improvements to serve the project plus the ~'Y oversizing of facilities required to serve such other properties. The developer may seek repayment from other property owners through a reimbursement diStrict. ~ 105. Prior to approval of the first "A" Map, the Developer shall enter into an agreement to secure approval of a Master Precise Plan for the Village Five Core Area prior to submitting any development proposals for commercial, multi-family and Comm1D1ity Purpose Facility areas within the SPA Five Village Core. 106. Pursuant to the provisionsoftÌæ,Growth~ Ûntinance (Section 19.;09 of the CVMC) and the . Otay Ranch General -Development Plan {GDP);the Applic:aDUhall complete:the following: (1.) Fund -the preparation of an annual report monitoring the development of the cOImnurihy of Dray Ranch. "Themmnal monitoring report will analyze the supply of, and d~:md for~ public facilitiesJlDd services governed by the tbresholdstandards. An annual 'review shall commence following. the first fiscal year' m which Iesiden1ial océupancy occms and is to be completed during the second quarter of the following fiscal-year. The ammal report sbaIl'3dhere to those guidelines noted on page 353, Section D of the GDP/SRP; and (2.) Prepare a five year developmen11>hasing forecast identifying targeted submittal dates for furore discretionary applications (SPAs and tentative maps), projected construction dates, corresponding public facility needs per the adopted threshold standards, and identifying financing options for necessary facilities. " --- 107. The applicant of each master tentative map shall be responsible for retaining a project manager to coordinate the processing of discretionary permit applications originating from the private sector and submined to the City of Chula Vista. The project manager shall establish a formal submittal package required of each developer to ensure a high standard of design and to ensure consistency with standards and policies identified in the adopted SPA Plan. The project manager shall have a well rounded educational background and experience, including but not limited to land use planning and architecture. 108. The applicant shall submit copies of any proposed CC&Rs for review and approval by the Director of Planning and the City Engineer prior to approval of each final "B" Map. 109. If developer desires to do certain work on the property after approval of the tentative map but prior to recordation of the applicable final "B" Map, they may do so by obtaining the required approvals and permits from the City. The permits can be approved or denied by the City in accordance with the City's M1D1icipal Code, regulations and policies. Said permits do not constitute a guarantee that subsequent submittals (i.e., :final "B" Map and improvement plans) will be approved. All work performed by the developer prior to approval of the applicable "B" Map shall be at developer's own risk. Prior to permit issuance, the developer sba1l acknowledge in writing that subsequent submittals (i.e., final "B" Map and improvement plans) may require extensive changes, at developers cost, to work done under such early permit. The developer sba1l post a bond or other security acceptable to the City in an amount determined by the City to guarantee the rehabilitation of the land if the applicable final "B" Map does not record. .' PHASING 110. The applicant shall submit to the City a revised phasing plan for review and approval prior to approval of the first final "B" Map. The PFFP shall be revised where necessary to reflect the revised phasing plan. 111. If phasing is proposed within an individual map or through multiple final maps, the developer shall submit and obtain approval for a development phasing plan by the City Engineer and Director of Planning prior to approval )_:;/5 - ¡, _3 ResolUtion No. 19034 Page 20 of 22 of any :final map. Improvements, facilities and dedications to be provided with each phase or 1D1it of development shall be as determined by the City Fngj~ and Director of Planning. The City reserves the right to require said improvements, facilities and/or dedications as necessary to provide adequate circulation and to meet the requirements of police and fire departments. The City Eng;n!".ef and PlæmÏDg Director may, at their discretion, modify the sequence of improvement constrUCtion shoWd conditions change to warrant such a revision. 112. The Public Facilities Finance Plan or revisions hereto shall be adhered to for the SPA and tentative map with improvements installed in CtCCOTdance with said plan or as yequired to meet threshold standards adopted by the City of Chula vista. The PFFP identifies a facility phasing plan based upon a set of assumptions conceming the location and rate of development within and outside of the project area. Throughout the build-out of SPA One, actual .r development may differ from the æsumptions contained in thePFFP. Neither 1he PFFP nor any other SPA One document grant. the Applicant an entitlement to develop as assumed in the PFFP, or limit the SPA One's facility improvement requirements to those iðeII1ified in the PFFP. Compliance with 1he City of Chula Vista threshold standards, based on actWil development patterns 1IDd updated forecasts ÌD reliance on C'.h:mgjng entitlements and market condi1ions, shall govern SPA .000deve1opment patterns 1IIJd the facilit;yllnprovement.requirements to serve such development. In addition, . the .sequence :in -whicb improvements Me constrUCted shall correspond to any future Eastern Chula yjsta Transportation.Phasing P1anor1lTtl~dm~ 'to the Growth Management Progråmand Ordinance adopted by the City. The City Engineer may modify the sequence of jmprovement construction should conditions change to WaITant such a revision. CODE REQUIREMENTS 113. Developer shall comply with all applicable sections of the Chula Vista Municipal Code. Preparation of the Final Map and all plans shall be in accordance with the provisions of the Subdivision Map Act and the City of Chula Vista Subdivision Ordinance and Subdivision Manual. .' .;- 114. Developer shall underground all utilities within the subdivision in accordance with Municipal Code requirements. 115. Developer shall pay the following fees in accordance with the City Code and Council Policy: a. The Transportation and Public Facilities Development Impact Fees b. Signal Participation Fees c. All applicable sewer fees, including but not limited to sewer connection fees d. Interim SR-l25 impact fee e. Telegraph Canyon Sewer Basin DIP f. Poggi Canyon Sewer Basin DIP g. Telegraph Canyon Basin Drainage DIP h. Otay Ranch Reserve Fund fee. 116. The applicant shall comply with all relevant Federal, State and Local regulations, including the Clean Water Act. The developer shall be responsible for providing all required testing and doc1Jm~ation to demonstrate said compliance as required by the City Engineer. 117. The applicant shall ensure that prospective purchasers sign a "Notice of Special Taxes and Assessments" pursuant to M1D1icipal Code Section 5.46.020 regarding projected taxes and assessments. Submit disclosure form for appro~ by the City Engineer prior to Final Map approval. . 118. The applicant shall comply with Council Policy No. 570-03 if pump stations for. sewer purposes are proposed. 119. The applicant shall comply with Council Policy No. 522-02 regarding. m:ltntf'-n:lnce of natural channels within open spaces. 120. The applicant shall comply with all aspects of the City of Chula Vista Landscape Manual. /~!l'-~Y ... , .. ResolUtion No. 19034 Page 21 of 22 121. The Applicant shall comply with Chapter 19.09 of the Chula VISta Municipal Code (Growth Management) as may be amended from time to time by the City. Said chapter includes but is not limited to: threshold standards (19.09.04). public facilities finance plan implementation (19.09.090), and public facilities finance plan amendment procedures (19.09.100). The applicant acknowledges that the City is presently in the process of amending its Growth Management Ordinance to add a proposed Section 19.09.105, to establish provisions IJeœSS:lT)' 10 ensure compliance with adopted threshold standards . (particularly traffic) prior to construction of State Route 125. Said provisions will require. the demonstration. 10 the satisfaction of the City Engineer, of sufficient street system capacity to accommodate a ~- proposed development as a prerequisite to final map approval for that devclopment, and the applicant hereby agrees to comply with adopted Rro~dments to the Growth Management Ordinance. 122. Upon submittal of building plans for small lot single family (5.000 square feet or less as defined in the City of Chula VISta Design Manual) residential development, plansshallc1earlyindicate that 750 square feet of private , . open space will be provided. ill. All proposed development shall be consistent with the Otay Ranch SPA One Planned Community District Regulations. " - . /3ß-~¿-->-- .. -- Resolution No. 19034 Page 22 of 22 COMPARISON OF OTAY RANCH STREET CLASSIFICATIONS TO CITY STREET CLASSIFICATIONS FOR DETERMINATION OF DESIGN STANDARDS TO BE urn 17FT) IN TENTATIVE MAP AND IMPROVEMENT PLAN PREPARATION FOR OTA YRANCH USE DESIGN STANDARDS FOR CLASSIFICATION OF... CITY STREET CLASSIFICATION OF... Scenic Corridor Prime Arterial - Prime Arterial Prime Arterial PrimaIy Village Entry Class I Collector Secondary Village Entry Class II Collector . , Village Core Class J 'Collector Residential Promenade Class ill Collector 'Core Promenade Residential .' Village Main Residential Village Plaza Residential Residential A and B Residential " Alley Standards ..- \ \ CITYWID E\SY S\H 0 ME\PLANNIN G\MAR TlN\RESO S \ 19034 . cond. doc . Jß--¿:b .'. .- COUNCIL AGENDA STATEMENT /~ Item ~ Meeting Date_11/16/99 ITEM TITLE: PUBLIC HEARING: TO NOTICE ACCEPTANCE AND APPROPRIATION OF LOCAL LAW ENFORCEMENT BLOCK GRANT FUNDS. . RESOLUTION ACCEPTING $262, 508 FROM THE 1999 LOCAL LAW ENFORCEMENT BLOCK GRANT AND AMENDING THE FY 99-00 POLICE BUDGET TO ADD 2.5 POSITIONS AND APPROPRIATING $43,882 FOR SALARIES AND BENEFITS, AND $15,508 FOR SERVICES AND SUPPLIES/EQUIPMENT, $42,750 FOR PURCHASE OF A SWAT VAN AND PRISONER TRANSPORT VEHICLE AND $10,000 TO SUPPORT THE SOUTH BAY DRUG COURT AND AUTHORIZING THE CHIEF OF POLICE TO UTILIZE (REPROGRAM) SAVING RESULTING FROM THE COMPETITIVE PROCUREMENT PROCESS FOR ADDITIONAL UNSPECIFIED OFFICER SAFETY .. - EQUIPMENT AND SUPPLIES. RESOLUTION APPROPRIA TI NG $25,200 FROM ASSET SEIZURE FUND TO MEET THE LOCAL MATCH REQUIREMENT, TO BE USED FOR PURCHASE OF THE SWAT VAN. n SUBMITTED BY: Chief ~e ¡:;.-- REVIEW BY: City M ger (4fSths Vote: Yes-X.. No ~ The Police Department has recently received notice of a 1999 Local Law Enforcement Block Grant (LLEBG) Award in the amount of $262,508 from the Bureau of Justice Assistance (BJA). These funds were allocated to the Police Department based on a three-year average Part I Violent Crimes. Part I Violent Crimes are murder and non- negligent manslaughters, forcible rape, robbery, and aggravated assault as reported by the FBI. Acceptance and appropriation of these funds requires a public hearing per stipulations of the Local Law Enforcement Block Grant. RECOMMENDATION: Staff is recommending this item be continued to the meeting of November 23, 1999. ~ J? ~I COUNCIL AGENDA STATEMENT ~ Item ¡'r Meeting Date 11/16/99 ITEM TITLE: PUBLIC HEARING: TO NOTICE USE OF FY 99/00 COPS FUNDING-PER CITIZENS' OPTION FOR PUBLIC SAFETY FOR LOCAL LAW ENFORCEMENT SERVICES. RESOLUTION ACCEPTING $370,617.71 FROM STATE COPS FOR LOCAL LAW ENFORCEMENT TO IMPLEMENT RECOMMENDATIONS OF THE STRATEGIC PLAN AND AMENDING THE FY 99-00 BVDGET TO ADD 6.5 POSITIONS, AND APPROPRIATE $136,238 SALARIES AND BENEFITS AND $70,437 FOR OVERTIME, TRAINING, EQUIPMENT, AND VEHICLE AND DIRECTING STAFF TO BUDGET THE REMAINING FUNDS AS STIPULATED BY THE GRANT IN SUBSEQUENT YEARS AND AUTHORIZING THE CHIEF OF POLICE TO UTILIZE (REPROGRAM) SAVINGS RESULTING FROM THE h- EQUIPMENT PROCUREMENT PROCESS FOR ADDITIONAL UNSPECIFIED OFFICER SAFETY EQUIPMENT AND SUPPLIES. SUBMITTED BY: chie2ce ~ REVIEW BY: City ager (4/5ths Vote: Yes_A- No_) The FY 99/00 State budget was adopted appropriating $370,617.71 to the City of Chula Vista Police Department. State money is allocated to police departments for purposes stipulated by the Citizens Option for Public Safety (COPS) program. The Police Department proposes to use the funds to implement recommendations of the Strategic Plan. RECOMMENDATION: Staff is recommending this item be continued to the meeting of November 23,1999. ~ J?~/ J I COUNCIL AGENDA STATEMENT Item / r Meeting Date 11/16/99 ITEM TITLE: Public Hearing to consider the modification of the existing Transportation Development Impact Fee IJ . Resolution Accepting a report prepared by Project Design Consultants recommending an updated Transportation Development Impact Fee to mitigate transportation impacts within the City's Eastern Territories ß Ordinance Amending the Transportation Development Impact Fee Program, adding chapter 3.54, Development Impact Fee to Pay for Transportation Facilities in the City's Eastern Territories, to the Municipal Code and repealing Ordinance 2251 and amendments thereto. C Urgency Ordinance Amending Ordinance No. 2251, relating to Development Impact Fee to pay for transportation facilities in the City's Eastern Territories SUBMITTED BY: Director ofPubli~ workY ~ REVIEWED BY: City Manag@ (4/5ths Vote: Yes --X.. No~) The City's Transportation Development Impact Fee (TDIF) Program was established on January 12, 1988 by Ordinance 2251. Since its inception, the program has been updated several times to reflect new land uses approvals, changes to the Circulation Element of the General Plan, and updated project cost estimates. The last TDIF update was approved in 1993. Tonight, Council will consider the approval of the 1999 TDIF update recommending an increase from the current fee of$3,998 to $5,920 per Equivalent Dwelling Unit (EDU). The proposed Urgency Ordinance will enable the City to collect the fee during the 60-day waiting period before the regular ordinance becomes effective. The public hearing has been duly noticed. RECOMMENDATION: That Council: 1. Conduct the Public Hearing. 2. Approve the Resolution accepting the report prepared by Project Design Consultants. 3. Approve the Ordinance amending Ordinance No. 2251 (first reading). 4. Approve the Urgency Ordinance amending Ordinance No. 2251. BOARDS/COMMISSIONS RECOMMENDATION: The Economic Development Commission has reviewed the proposed increase but offered no recommendation. DISCUSSION: 1999 TDIF Update New developments place demands on the existing transportation infrastructure, which can be mitigated by upgrading existing and/or constructing new transportation facilities. Chula Vista's TDIF program functions as a system to distribute the cost of constructing infrastructure facilities in /if /1 Page 2, Item Meeting Date 11/16/99 an equitable manner among new development in Eastern Chula Vista. The proceeds from the fee are used to construct new transportation improvements. On October 13, 1998 Council retained Project Design Consultants for updating the TDIF program. The amount of the TDIF fee has not been updated since 1993. During this time extensive land use changes have been approved. In addition, the number of roadway facilities and the cost of constructing these facilities have increased substantially. The 1999 update incorporates the following major changes: . Inclusion of the Otay Valley Parcel of the Otay Ranch, which adds 24,067. . New fee rates for Senior Housing, and High Rise Commercial; changes in the rates for Industrial uses and Golf Course; removal of the Olympic Training Center category (a brief discussion is presented in this report). . Update the project cost estimates to 1999 prices. . Provisions to annually adjust the fee on October 1 of each fiscal year based on the previous year's change in the July to July Engineering News Record 20 City Construction Cost Index without further Council action. . Addition of a provision to pennit the City, in its discretion, to enter into an agreement with a developer to convert excess credit into EDU and/or gross acre (commercial and industrial) credits for use against future TDIF. Exhibit 1 shows the Project Funding Requirements of $218,257,679. This amount includes $210,439,610 for facility construction, $6,313,188 for Program Monitoring (3% of the TDIF program cost), and $10,504,881 in TDIF credits. Exhibit 1 also shows a TDIF fund cash balance of $5,000,000, which is available for funding TDIF facilities or related activities. The Program Monitoring will fund City's TDIF administration, and the cost of consultants and City staff participating in related projects/activities (i.e. fee updates, traffic monitoring program, lobbying the State for more transportation funds). City's records shows that these costs average between $260,000 and $300,000 per year. Three percent of the Facility cost estimate total is approximately $6,313,188. If spread equally over 20 years, the annual revenue would be $315,660 per year for program monitoring costs. Staff believes that the fee could be reduced from the current 5% to a 3% Program Monitoring factor. The 1999 update recommends a TDIF of $5,920 per EDU Table 1 below presents the rates for the different land uses. J[{r;2 Page 3, Item Meeting Date 11/16/99 Table 1. Proposed Fee Single Family Detached (SFD) $ 5,920 Single Family Attached (SF A) $ 4,736 Multi Family (MF) $ 3,552 Industrial (Acre) $ 88,800 <:ommercial (Acre) $ 148,000 <:ommercial (High Rise) (Acre) $ 236,800 Golf <:ourse (18 holes) $ 414,400 Medical <:enter (Acre) $ 384,800 Senior Housing (Unit) $ 2,368 Basis and Methodology The basis and methodology used in calculating the fee in this update is consistent with the basis and methodology used in the "Interim Eastern Area Development Impact Fee For Streets" adopted in January 1988 and also the "Eastern Area Development Impact Fees For Streets" adopted in January 1990. One of the primary assumptions in the fonnulatÌon of the previous fees is that the need for additional public facilities is generated by new development and the cost of the facilities should be paid by that new development. The first step in this update was to detennine which road improvements are required to be constructed in order to maintain an acceptable level of service on the <=ity's circulation system east of 1-805 which are not included in nonnal subdivision exactions because those segments lie between two or more major developments rather than running through one development. The improvements which are to be constructed will serve the entire benefit area by either providing roads for residents, employees, or customers to use, or by providing new streets for existing traffic, thus freeing up capacity on existing streets which can be used by new development. After reviewing traffic models, development proposals, future connections to SR-125 and I-80S, and land use patterns, a system of local roads which carry traffic beyond limited develpopment areas (i,e.: semi-regional in nature) was adopted. Some roads, which carry a lower volume of traffic, were included because they provided connections to future SR-125 and/or were between future development bubbles and would be needed by more than one of those areas to access other regional routes. The next step was to detennine the method upon which the costs for the improvements would be spread. One of the most common tools used to equate benefit impact fees among the different land uses and densities is the "Equivalent Dwelling Unit" or "EDU". There is a clear relationship between the use of transportation facilities and the generation of traffic trips based on the land use and density of a specific parcel. As in previous methodologies, this update is based on the report "San Diego Traffic Generators", published by SANDAG. This report details the traffic trips generated by various classes of land use. The cost of all the required improvements has been spread equally based on the number of "Equivalent Dwelling Units" regardless of the location of any particular improvement relative to the development. The proposed street improvements which are required outside of nonnal subdivision exactions are /~/3 Page 4, Item Meeting Date 11/16/99 based on an analysis of the circulation system for various levels of development within the entire area of benefit, which is discussed below. All of proposed street projects included are consistent with the General Plan and Specific Plans that have been adopted by the City Council and are required by the City's Growth Management Ordinance as a condition to all development within the area of benefit in order to maintain acceptable levels of service on the major roadways. The absence of contiguity to the proposed street projects is not essential to conferring a benefit to properties. The area of benefit is based on an analysis of impacts on the total circulation system east of I -805 for various stages or increments of cumulative development within the total area of benefit. The circulation system must be viewed as a whole. Each of the proposed street projects will provide a benefit to every development because traffic from anyone development will utilize the entire system to access work, commerce, schools, residences and the many other land uses throughout the City. It is difficult, if not impossible to isolate the value of any single street to any particular development because of the nature of traffic. A failure in any part of the system will have a negative impact in other parts of the system and traffic from the development closest to an impacted segment of street will be just as affected as traffic from a more distant development. The analogy of a water system is sometimes used where constrictions or breaks in any part of the system will have significant impacts on the whole system. Area of Benefit The TDIF program encompasses all properties within the City's jurisdiction located south of Bonita Road and east ofI-805 (see Exhibit 2). The proposed area of benefit contains a total of 33,868.8 EDU's. Table 2 below gives a summary of the development forecast within the Area of Benefit. Table 2. Development Forecast Project Total EDU's Remaining Otay Ranch 23,002 Eastlake 1) 9,027 Sunbow 1,551 Rolling Hills Ranch 1,752 Rancho del Rey 76 San Miguel Ranch 1,608 MWD Golf Course 70 Adjustment for Private High -250 School 2) Telegraph Canyon Estates 32 Total 36,869 1) Includes 1,989 EDU's for the Kaiser Hospital site developed as a hospital in accordance with the existing development agreement. /~/1( Page 5, Item Meeting Date 11/16/99 2) 250 EDU's are subtracted to reflect the fact that this type of use (Community Purpose Facility) is exempted from the TDIF. The program also includes the proposed resort at the Chula Vista Municipal Golf Course, located north of Bonita Road, which will benefit from the proposed TDIF improvements. However, since no specific development proposal has been yet approved, no EDU's were included in this update. The TDIF for the resort will be brought to Council following the required land use approval. The TDIF report excludes Villages 9 and 10 of the Otay Ranch (which have a primary land use designation as the University site) and related roadway improvements from the Area of Benefit. The secondary land uses (i.e., residential and commercial) are identified in the report but not counted towards the EDU's generating fees. A final recommendation on the TDIF for this planning area will be presented to Council upon approval of its ultimate land use. Transportation Facilities There are 49 projects within the proposed TDIF program (See Exhibit 3). The cost estimate for constructing these roads is $210,439,610. This cost includes a 15% allowance for contingencies, 6% for design, 6% for construction inspection/project management, and 2% on each project for the City's administration/audit. This update includes most roads in the current Circulation Element of the General Plan. The roads added include: Proctor Valley Road from Hunte Parkway to East City Boundary Mt. Miguel Road from Proctor Valley Road north to Proctor Valley Road south Willow Street from Bonita Road to Sweetwater Road Brandywine/Medical Center Dr. from Medical Center Court to Olympic Parkway Birch Road from La Media Road to Hunte Parkway Rock Mountain / Alta Road from Otay Valley Rd to Eastlake Parkway Eastlake Parkway from Olympic Parkway to Rock Mountain Road Hunte Parkway from Olympic Parkway to Birch Road Mt. Miguel Road, Proctor Valley Road (south) to Proctor Valley Road (north) La Media Road from Olympic Parkway to South City Boundary (including one-half the cost of the bridge over the Otay River) Otay Valley Road from 1-805 to SR-125 Paseo Ranchero from Olympic Parkway to South City Boundary (including one-halfthe cost of the bridge over the Otay River) As indicated, nearly all of the roads on the General Plan south of Olympic Parkway have been added to the TDIF with the following exceptions: . Those streets within the area of the Proposed University Site (Villages 9 and 10 of the Otay Ranch). At this point, that area and related road improvements are not included in the TDIF program. It is anticipated that the University, if approved, would be responsible for constructing suitable transportation facilities. If the University is not constructed and the area develops according to the approved alternative, future updates will incorporate said area and related facilities into the program. This report also excludes the traffic EDU's contained within the / g- /_ç- Page 6, Item Meeting Date 11/16/99 proposed University site. The elimination of both the roads and land uses in the University site does not cause this proposed fee to be substantially different than the fee would be with both the university land use and the additional roads included. . The southerly Yz of the La Media and Paseo Ranchero bridge crossings over the Otay River. There are three crossings proposed over the Otay River. The TDIF program assumes that Chula Vista will provide for the cost of constructing the northerly half of the Paseo Ranchero and La Media crossings. Chula Vista traffic will be using these facilities to access the Otay Mesa industrial areas (within the City of San Diego) and the Otay Border crossing. It is anticipated that the City of San Diego would fund the southerly half. Any different split on the financing (which may be determined in the future) will be incorporated in future updates. The Alta Road crossing was not included in the TDIF program because it is not considered an essential component of Chula Vista's network. Said bridge would primarily benefit the County of San Diego properties by providing access to Chula Vista's street network. In addition to roads, the TDIF is also funding portions of City street improvements at freeway interchanges and bridges in the amount of$34,158,760 (see Exhibit 4). These projects include all of the work required by Caltrans to be done on the freeway in order to get the necessary permits to improve the City's street network. TDIF Credit There are a number of developers who have constructed TDIF roads in the past and maintain a credit against future TDIF fees in the total amount of $10,504,881. These credits are summarized in Exhibit 5. The existing TDIF Ordinance makes an advanced credit available to developers who proposed to construct TDIF roads in the amount of 75%ofthe cost estimate. This update will delay the timing of the 75% advanced credit until after valid bids for the project have been approved by the Director of Public Works. A 50% advanced credit will be make available to the developer for the time period after Director of Public Works has approved the cost estimate but has not approved the bids. EDU Rates Government Code 66000 requires that the City establish a reasonable relationship between the projects to be funded and the fee. The TDIF program uses the Equivalent Dwelling Unit (EDU) as the tool to equate benefit impact fees among the different land uses. As indicated above, Average Daily Traffic (ADT) generation rates published by SANDAG are used to determine the impacts of the different land uses categories on the transportation system. Each land use category is assigned a specific EDU rate. A single family detached residential unit with an ADT of 10 trips is equal to 1 EDU The EDU rates for other land uses are determined using the applicable trip generation ratio. Table 3 presents a comparison between the current and proposed rates. / ?5 /f Page 7, Item Meeting Date 11/16/99 Table 3. EDU Rates Single Family Detached (SFD) 1 EDU/DU 1 EDU/DU Single Family Attached (SF A) 0.8 EDUI DU 0.8 EDUI DU Multi Family (MF) 0.6 EDU/DU 0.6 EDU/DU Industrial 20 EDUI Acre 15 EDU/Acre Commercial 25 EDUI Acre 25 EDUI Acre High Rise Commercial N/A 40 EDUI Acre Olympic Training Center (OTC) 3.33 EDU/Acre N/A Adjacent to OTC 35 EDU/Acre (Standard Commercial) Golf Course 0.8 EDUI Acre 70 EDU/18 holes Senior Housing N/A 0.4 EDU/Acre Kaiser Medical Center 65 EDUI Acre 65 EDUI Acre Following is a brief discussion on the EDU rate schedule: . No changes are proposed for the residential rates (SFD, SF A and MF) and the Commercial rate. . The Industrial rate is reduced from 20 to 15 EDU's per acre. SANDAG provides several classifications for industrial uses depending on the amount of commercial uses permitted within the industrial park. Previously, the TDIF used a traffic generation rate of 20 EDU's per acre based on an industrial/business park designation which has a substantial commercial component. The SANDAG report gives rates for other types of industrial uses which are lower than that given for an industrial/business park with a substantial commercial component. After reviewing all of the classifications and the typical uses anticipated for the proposed industrial components of the General Plan, it has been determined that the commercial component of the industrial development will be significantly less than previously anticipated. The 1999 update proposes a rate of 15 EDU's per acre. . High Rise Commercial is a new classification applicable to buildings 5 stories or greater in height. The Otay Ranch General Development Plan designates 25 acres for Medium/High Rise Office Commercial in the proposed Eastern Urban Center. By virtue of the higher density, High Rise will typically generate more trips than regular commercial uses. A rate of 40 EDU's per acre (which is higher than the 25 EDU's assigned to regular commercial uses) is recommended for this land use. . The Olympic Training Center (OTe) category has been eliminated. OTC fees have been already prepaid for subsequent areas of the development. . Golf Courses have been modified to convert the fee from a per acre basis to a per course basis. The new fee of 70 EDU's per l8-hole golf course, as included in the update, is based on SANDAG data for all golf courses including high use public courses. However, since private golf courses generally do not have the same high intensity of use, the ordinance provides a method to equitably make adjustments. This method requires a preliminary traffic study of golf courses similar to the type proposed and an agreement with the developer to pay an interim fee. ¡g- ? Page 8, Item Meeting Date 11/16/99 The developer must also agree to do a traffic study of the golf course in its fourth year of operation and to pay the actual fee based on that study. . Senior Housing is a new classification with a fee rate of 0.4 EDU based on SANDAG statistics. Although no property within the area is currently designated for this use, staff recommends establishing the rate to clarify the City's intent regarding appropriate fees for such use. Meetings with the Development Community Staff has had numerous meetings with the development community throughout the update process (November 9, 1998 through October 20, 1999). Issues raised by the developers were discussed and resolved. As a result ofthese discussions, several changes and modifications were incorporated into the program. Most concerns raised during this process were related to the cost of the Program Monitoring (i.e. City's administration). As mentioned early in this report, staff proceeded to review the actual Program Monitoring expenditures, which resulted in lowering said cost from 5% to 3% of the TDIF program cost to reflect actual costs incurred by staff. The development community was also concerned about the impact of the amount of the TDIF on commercial and industrial development. Staff is looking at ways to reduce that impact and will bring a report back to the Council late this fiscal year or early next year. Environmental Review As most of the facilities and land use changes result from the inclusion of the Otay Ranch, the Environmental Review Coordinator recommended an addendum to the Otay Ranch Environmental Impact Report (EIR 90-01). Initial Study 99-19 was processed and the Environmental Review Coordinator has determined that the 1999 TDIF update will not result in significant impacts pursuant to Section 15164 of the State CEQA Guidelines. It should also be mentioned that the TDIF program includes $6,240,000 for funding habitat mitigation that may be triggered by the construction of the facilities. Proposed Ordinances. By enacting the proposed ordinances, Council would be accomplishing the following: The "Ordinance Amending Ordinance No. 2251" will establish a new TDIF of $5,920 per EDU and will amend the existing TDIF program to include all the properties and transportation facilities identified in the report. This ordinance will become effective 60 days after the second reading. Assuming that the second reading and adoption ofthe TDIF update takes place at the November 23, 1999 Council Meeting, the new fee will be in effect as of January 22, 2000 and collected with building permits issued on or after January 24,2000. The "Urgency Ordinance" would go into effect immediately and will enable the City to collect the fee during the 60-day waiting period for the regular ordinance to become effective. This ordinance is only valid for 30 days (November 16, 1999 through December 16, 1999), and therefore, it will necessary to notice and hold a second and third hearing in order to extend the urgency ordinance in 30 day increments until the permanent ordinance becomes effective. The first extension will be brought to Council at the December 14, 1999 meeting extending the urgency ordinance from December 16, 1999 through January 15,2000. The second extension will be brought to Council at the January 11, 2000 meeting extending the urgency ordinance from January 15,2000 through the /~-r' Page 9, Item Meeting Date 11/16/99 effective date of the permanent ordinance on January 22, 2000. An approval of 4/5t1"s vote will be needed for all urgency Ordinances. Staff recommends that the TDIF go into effect immediately by adopting the Urgency Ordinance in order that all developments pay their fair share of the cost of public transportation improvements relating to the impacts caused by their development. Immediate implementation of this fee is necessary due to the current and immediate threat to public safety which will result should there be a shortfall in the amount of money necessary to pay for the various transportation facilities thereby resulting in severe congestion and failure of the public transportation network necessary to serve the increased population. The prospect of a shortfall, failure of the street system and concerns about an increased charge to remaining property owners constitutes a current immediate threat to the public health, welfare and safety justifying the immediate imposition of this fee. FISCAL IMPACT: The Transportation Development Impact Fee, as for all of the City's Development Impact Fees, maintain funds separate funds from the general fund. There is no impact to the general fund except the latent cost of additional maintenance as the circulation network increases. These maintenance costs may be offset with additional gas tax funds resulting from the increased traffic. Exhibits: 1. Program Funding Requirements 2. Area of Benefit 3. Transportation Facilities 4. Interchanges and Bridges financed by TDIF 5. TDIF credits 6. Fourth Addendum to EIR-90-01 (1.8.-99-19) Attachment: Engineer's Report TAl HX051 H : \H OME\EN GINEER \LAND D EV\ TO IFupdate\draft9 .doc 11/11/9910:20:46 AM /SV/; Exhibit 1 Transportation Development Impact Fee 1999 Update Program Funding Requirements Facility Costs (see Engineer's report Exhibit $210,439,610 Program Monitoring Costs (3%) 6,313,188 Remaining Cash Credits to be paid 10,504,881 TDIF Fund Balance -5,000,000 State and Local Partnership Funds -4,000,000 Program Funding Requirements $218,257,679 /?r /ó ~ Z :..J >- 2:0: ...., C:: :-~ CJ - v' '" < ,- "" ~ "= ~ -- ~ .,' ~ ~ ~ b:: ~ - 'E ~d §ê:::è;5 ,....,u "" ~E' ::, >- ~ ë:. < Õ ;; ~¡¡ ;;?::: ::: UJ :::......., ::! ~!. ~uo:: NZ:::;: < 8~.; :;¡;"" ~ - <-..,.. ..I~ . ...~- - Ct - "" ...: ~ -.- OOOÞ=.I,]l.-';:' '""" ,::¡-:-.. .2'~'i. ' ~ s; ~ :: ~ z ~ ... ~~~ ... Z <::.... c-, .:!; h : ;:; '5 :5 ¡.;¡ :< - < -;:; ~~; I .- - '" :- ::E ~ ,~,,~~ ::; C' ""I [/) :è... "" ! ~~; \ :;: 3 < .-. I ¡:.:¡ I I <> E- A. 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I <::> ." ::: I 8 - ~ I .... ':j ~ ~ N ' U , , V) S! I '" I ~ /('///.J- : <::> ~ Z ð I : . I Exhibit 4 Transportation Development Impact Fee 1999 Update Interchanges and Bridges within the TDIF Type of Project Facility Description Program Cost 3a Interchange Telegraph Cyn Road @ 1-805, Phase 2 3,742,611 7 Interchange East H St @ 1-805 2,575,098 25 Interchange Olympic Parkway @ 1-805 4,980,000 27 Interchange Palomar @ 1-805 3,999,000 58 Bridge Paseo Ranchero @ Otay River (1/2 cost) 8,663,311 50 Bridge La Media @ Otay River (1/2 cost) 8,010,900 61 Bridge Willow @ Sweetwater River (1/5 cost) 2,187,840 Total 34,158,760 /8'.//3 .. Exhibit 5 Transportation Development Impact Fee 1999 Update Remaining Cash Credits Facility Constructed Credit Pacific Bay (Rolling Hills Ranch) Proctor Valley Road & Hunte Pkwy $ 7,397,383 Eastlake Olympic Pkwy Grading 856,935 Salt Creek I East H Street 2,250,563 Total 10,504,881 IF/)! .... .^ - Exhibit 6 FOURTH ADDENDlJM TO EIR-90-01 (OTAY R~~CH EIR) Initial Study IS-99-19 PROJECT NAME: 1999 Update of the Transportation Development Impact Fee (TDIF) PROJECT LOCATION: City of Chula Vista East of Interstate-80S PROJECT A.PPLlCMl: City of Chula Vista, Engineering Diyision PROJECT AGENl: Same as Above CASE NO.: IS-99-19 DATE: March 4, 1999 1. INTRODUCTION The environmental review procedures of the City of Chula Vista al1ow the Environmental Review Cooråinator (ERC) to prepare an addendum to a Negative Declaration or Environmental Impact Report (EIR) if one of the following conditions is present: 1. The minor changes in the project design which have occurred since completion ofthe Final EIR (EIR-90-01) have not created any new significant environmental impacts not previously adàressed in the Final EIR. ') Additional or refined information available since completion of the Final EIR regarding the potential environmental impact of the project, or regarding the measures or alternatives available to mitigate potential environmental effects of the project, does not show that the project will have one or more significant impacts wmch were not previously addressed in the Final EIR. This addendum has been prepared in order to provide additional information and analysis concerning traffic, public service and land use impacts as a result ofthe proposed update to the Transportation Development Impact Fee ordinance. FEIR 90-01 analyzed the impact of the development of the property for single and multi-family residential development with ancillary commercial sites. As a result of this analysis, the basic conclusions of the Final EIR have not changed. Traffic, public service and land use impacts are found to be less than significant for the proposed project and were previously addressed in EIR 90-01. Therefore, in accordance with Section 15164 of the CEQA Guidelines, the City has prepared the following addendum to EIR-90-0 1. / 1)/ J-~ . II. PROJECT SETTING The "Area of Benefit" as described in the1999 update of the Transportation Development Impact Fee program consists of all undeveloped lands located within the City of Chula Vista east of Interstate 805. Tnis area is also known as the Eastern Tenitories of the City of Chula Vista. As the street network is improved in this area, surrounåing roads west of Interstate 805 will also benefit as a result of redistribution of traffic flows. Ill. PROPOSED PROJECT The proposed project is the 1999 update of the existing Transportation Development Impact Fee program ordinance addressing future growth of undeveloped lands found in the City of Chula Vista east of InterState 805. The proposed update of the TDIF program is a legislative act and as such will have no direct physical impact on the environment. The development impact fee ordinance has been prepared to provide the mechanism for funding the construction of the needed roadway facilities and the equitable ñnancing of these facilities as a result and for the benefit of all of the developments found within the Area of Benefit. The proposed project consists of a legislative action, and no physical development is associated with project approval at this time. Future roadway and infrastructure construction will require additional environmental review and clearance. The City of Chula Vista has previously approved amendments to the General Plan which have allowed the filing of various planned communities and the preparation of related environmental documents. Some of these may already have adequately analyzed potential impacts associated with specific roadway improvements. Once constructed, the improvements will serve the area by providing a system of roads for residents, employees, and customers. The generally accepted view is that existing facilities have adequate capacity to support the existing state of development, and that any new capacity that is provided to the street network is in response to needs created by subsequent approved development. IV. COMPATIBILITY "'TH ZONING AND PLA:.NS The proposed project would provide the mechanism by which needed street network facilities would be built as approved future development takes place and thus not conflict with City of Chula Vista Zoning or adopted plans. /?/jþ Y. IDENTIFICATION OF ENVIRONMENTAL EFFECTS 1. Pubbc Services Imuacts Fire The proposed updated TDIF will pro\ide the mechanism by which new street systems will be provided and existing roadways will be improved thus allowing for better access by Fire Depamnent equipment and personnel. Implementation of the Otay Ranch Fire Station Master Plan that includes building of new stations with manpower and equipment will be done over a phased time period as planned development occurs. Police Department The Police Department response time would tend to improve as improvements to the street nenvork are made with each development phase. 2. Utiiitv and Service Svstems Traffic The Tnreshold/Standards Policy requires that all intersections must operate at a Level of Sef\iœ (LOS) "C" or better, with the exception that Level of Service (LOS) "D" may occur during the peak two hours of the day at signalized intersections. No intersection may reach an LOS "F" during the average weekday peak hour. Intersections of arterials with freeway ramps are exempted from this policy. The City Engineering Division has reviewed the proposed project and indicates that the fee has two purposes: 1) To fund the construction of street network facilities needed to reduce, or mitigate potential impacts resulting from the development within the specified area; and 2) To spread the costs associated with construction of the facilities equitably among the developing properties. The rationale behind this is that, generally existing facilities have adequate capacity to support the existing state of development, and that any capacity that is provided to the street network is in response to needs created by subsequent development. Therefore, any potential impacts to trafñc and circulation will be fully mitigated with the implementation ofthe DIF program. 4. Open Suace ,- No impacts to~òpe~ spac¿would result from implementation ofthe project. The General Development Plan for the Otay Ranch and subsequent planning documents has satisfactorily addressed the issue of open space. h: \Ìlome\pianning\lìnàableir8302.aàm / ¿;---) 7 Page 3 VI. CONCLUSION Pursuant to Section 15164 of the State CEQA Guidelines and based upon the above àiscussion, I hereby find that the project revisions to the proposed project wil1 result in only minor technical changes or additions which are necessary to make the Environmental Impact Report adequate under CEQA.. ,'; ,- iJ:L/ I¡ / Domdas D. id Envriunmektal Review Coordinator REFERENCES Chula Vista General Plan (J 989) Title 19, Chula Vista Municipal Code City of Chula Vista Environmental Review Procedures Otay Ranch General Development plan Otay Ranch Sectional Planning Area One (June 4, 1996) EIR - Dray Ranch GDP Program EIR 90-01 (Dec., 1992) EIR - Otay Ranch SPA I EIR 95-01 (April, 1996) h: \home 'piannmg\lindab\eir830:;.aám / g-// r Page 4 Case No.IS-99-19 ENVIR 0 NMEì\'T AI. CHECKLIST FO Rl\1 1. Name of Proponent: CiTy of Chula Vista - Engineering Diy. ., Lead Agency Name and Address: City of Chu1a Vista 276 Fourth Avenue Chula Vista, CA 91910 3. Address and Phone Number of Proponent: City of Chu1a Vista 276 Fourth Avenue Chula Vista, CA. 91910 (619) 691-5021 4. Name of Proposal: Transportation Development Impact Fee 5. Date of Checklist: February 19,1999 Potentially Potentiall~' Significant Less than Significant Unless Significan No Impact Mitigated t Impact Impact I. LAND USE AND PLANNING. Would the proposal: a) Conflict with general plan designation or ::J 0 0 t8J zoning? b) Conflict with applicable environmental ::J 0 0 t8J plans or policies adopted by agencies with jurisdiction over the project? c) Affect agricultural resources or operations 0 0 0 t8J (e.g., impacts to soils or farmlands, or impacts from incompatible land uses)? d) Disrupt or divide the physical arrangement ::J 0 0 t8J of an established community (including a low-income or minority community)? Comments: The project consists of a development impact fee which is to fund the construction of transportation facilities and therefore reduce or mitigate potential impacts resulting from development in the specified area and to equitably spread the costs associated with construction Page No, 1 / tY/ /1 "otentiall\ "otentiall~ Si!nificant Less than Si!nificant liDless Si!nifican "" Impact Miti!ated t Impact Impact oÎ said faciliÜes among the developing propenies. The proposed project is a legislative act and would in conformance with the City's General Plan and associated Planning documents. The actual individual inÍrastrucrureiroadway construction projects would be subject to further environmental review and clearance. The Master EIR for the Otay Ranch has adequately addressed issues related to land use compatibility. consistency with adopted plans, and the conversion of fonner agricultural land to an urban use. 1. POPULATION AND HOUSING. Would the proposal: a) Cumulatively exceed official regional or :J [J 0 [gj local population projecÜons? b) Induce substantial growth in an area either :J [J 0 [gj directly or indirectly (e.g., through projects in an undeveloped area or extension of m~i or inÍrastrucrure)? c) Displace existing housing, especially 0 0 0 [gj affordable housing? Comments: The overall project is in substantial compliance with approved plans. Project implementation would assist the City's ability to equitably spread the costs for construction of needed transportation facilities within the area. No adverse impacts to housing are noted ITom the proposed project. Master EIR for the Otay Ranch and the City's adopted General Plan adequately address the issues of housing and grov.rth. II. GEOPHYSICAL. Would the proposal result in or expose people to potential impacts involving: a) Unstable earth conditions or changes in [J [J 0 [gj geologic substructures? b) Disruptions, displacements, compaction or [J [J 0 [gj overcovering ofthe soil? c) Change in topography or ground surface 0 0 0 [gj relief features? d) The destruction, covering or modification of 0 0 0 [gj any unique geologic or physical fearures? Page ~o. 2 ) ~/ ;2 C) "O1cntialh I'olentiall~' Sil!nificant Less than Si:!nificant (mless Si:!nifican "" Impact Miti:!attd t Impact Impact e) Any increase in wind or water erosion of ..., ::J ::I rg: ....J soils. either on or off the site? f) Changes in deposition or erosion of beach ::J ::I 0 [8j sands, or changes in siltation, deposition or erosion which may modify the channel of a river or stream or the bed of the ocean or any bay inlet or lake? g) Exposure of people or property to geologic ::J 0 0 [8j hazards such as earthquakes, landslides, mud slides, ground failure, or similar hazards? Comments: The proposed 1999 update of the Transponation Development Impact Fee to fund the construction of transportation facilities is a legislative act and as such win have no direct L.~pact on the earth. MASTER EIR 90-01 or subsequent EIR"s with respect to potential impacts "ill have adequately analyzed each of the proposed development plans. No further environmental analysis will be required for the proposed project. Ill. WATER. Would the proposal result in: a) Changes in absorption rates, drainage ::I 0 0 [8j patterns, or the rate and amount of surface runoff? b) Exposure of people or property to water 0 0 0 [8j related hazards such as flooding or tidal waves? c) Discharge into surface waters or other 0 ::I 0 [8j alteration of surface water quality (e.g., temperature, dissolved oxygen or turbidity)? d) Changes in the amount of surface water in 0 0 0 [8j any water body? e) Changes in cuITents, or the course of ::J 0 ::I [8j direction of water movements, in either marine or fresh waters? f) Change in the quantity of ground waters, 0 0 0 [8j either through direct additions or Pa£e No.3 J~~cJ/ Potcntiall~ Pol~nùall~. Si~nificanl Less than Sì~nificant ljnless Si~nifican "" Impact Miti~ated t Impact Impact withdrawals, or through interception of an aquifer by cuts or excavations? g) Altered direction or rate of flow of " 0 0 ~ -' groundwater? h) . Impacts to groundwater quality? 0 D 0 18] i) Alterations to the course or flow of flood :J 0 0 18] waters? j) Substantial reduction in the amount orwater 0 0 0 18] otherwise available for public water supplies? Comments: As the proposed project is legislative it would not result in any direct physical development having the ability to affect any water resources. Master EIR 90-01 for the Ora)' Ranch adequately addressed these issues. The Drainage Plan ror the Otay Ranch provides the framework for addressing issues relating to urban runoff, sedimentation, stormwaters, encroachment, and water quality. The increased flows expected at build out can be mitigated aas stated in EIR 90-01, through: 1) the provision of the storm drain facilities and detention basins as recommended in the Drainage Plan, and 2) the payment of the drainage fee established at the time final maps within the basin are recorded. IV. AIR QUALITY. Would the proposal: a) Violate any air quality standard or [] 0 0 ~ contribute to an existing or projected air quality violation? b) Expose sensitive receptors to pollutants? LJ 0 0 ~ c) Alter air movement, moisture, or [] 0 0 18] temperature, or cause any change in climate, either locally or regionally? d) Create objectionable odors? LJ 0 0 18] e) Create a substantial increase in stationary or [] [] 0 18] non-stationary sources of air emissions or the deterioration of ambient air quality? Comments: The adoption of this project will not result in any significant direct air quality impacts. These issues were adequately addressed in Master EIR 90-01 for Otay Ranch. The EIR Page No.4 / ~r;2;2 I'mentiall\ J'otentially Sil!nificant Less than Significant l,"les~ Significan '\0 Impact Miti:!3ted t Impact Impact considered pollutants from both stationary and mobile sources associated with future development. Mitigation measures were made a part of the FEIR that covered the follov.'Ìng areas of potential sources of impact: construction, land use policies, siting/design policies. and transportation-related management actions. Y. TRAN S PO R T A TI 0 N / CIR CULA TI 0 N. Would the proposal result in: a) Increased vehicle trips or traffic congestion? 0 0 0 ~ b) Hazards to safety from design features (e.g., 0 0 0 ~ sharp curves or dangerous intersections) or incompatible uses (e.g., farm equipment)? c) Inadequate emergency access or access to 0 ~ 0 ~ - nearby uses? d) Insufficient parking capacity on-site or off- ~ - 0 ~ site? e) Hazards or barriers for pedestrians or 0 0 0 ~ bicyclists? f) Conflicts with adopted policies supporting 0 0 0 181 alternative transportation (e.g. bus turnouts, bicycle racks)? g) Rail, waterborne or air traffic impacts? 0 0 0 ~ h) A "large project" under the Congestion 0 ;:] 0 § Management Program? (An equivalent of 2400 or more average daily vehicle trips or 200 or more peak-hour vehicle trips.) Comments: As the proposed project is legislative it would not result in any direct physical development having the ability to affect any transportation resources The overall issues involving transportation and circulation traffic impacts were adequately addressed in Master EIR 90-01 for the Otay Ranch. The Engineering Division indicates that the purpose of the current update is primarily to include the remainder of the Otay Valley Parcel of the Otay Ranch into the development Impact Fee Area of Benefit, and include the funding for the transportation facilities necessary to support the development of the Ranch. VI. BIOLOGICAL RESOURCES. Would the proposal result in impacts to: Page 1\0. 5 /Y/cl- 3 Potentially Potentiall~. Sil!nificant Less than Si!nificanl lJßles~ Si!nifican 1\1' Impaci Mitil!ated t Impaci Impact a) Endangered, sensitive species, species of ~ ~ [] g concern or species that are candidates for listing? b) Locally designated species (e.g., heritage [] 0 0 ~ trees)? c) Locally designated natural communities [] 0 0 l8I (e.g, oak forest, coastal habitat, etc.)? d) Wetland habitat (e.g., marsh, riparian and :J 0 0 l8I vernal pool)? e) Wildlife dispersal or migration corridors? :J 0 0 l8I f) iúTect regional habitat preservation :J 0 0 l8I pllli'1IlÏng efíons? Comments: Impacts to biological resourœs have been adequately addressed in Master EIR for Olay Ranch.. No new impacts to biological resourœs are nmed as a result of the proposed 1999 Update to the Transportation Development Impact Fee. VII. ENERGY AND MINERAL RESOURCES. Would the proposal: a) Confrict with adopted energy conservation :J 0 0 ŒJ plans? b) Use non-renewable resources in a wasteful 0 0 0 ŒJ and inefñcient manner? c) If the site is designated for mineral resource :::I 0 0 l8I protection, will this proj ect impact this protection? Comments: These issues were adequately addressed in Master EIR 90-01 for Otay Ranch. No new adverse impacts would result from the proposed 1999 TDIF Update. VIII. HAZARDS. Would the proposal involve: a) A risk of accidental explosion or release of 0 0 0 t8I hazardous substances (including, but not limited to: petroleum products, pesticides, Page No.6 / g-/~ '/ I'olenliall" I'olentiall~' Sil!nificant Less than Si¡:nificant ljnless Si¡:nifican !\o Impact Miti¡:att'd t Impact Imtact chemicals or radiation)? b) Possible interference with an emergency :J 0 0 ¡:g: response plan or emergency evacuation plan? c) The creation of any health hazard or [] 0 0 l'8J potential health hazard? d) Exposure of people to existing sources of [] 0 [] l'8J potential health hazards? e) Increased fire hazard in areas with [] 0 0 l'8J flammable brush, grass, or trees? Comments: The project proposes would not pose a health hazard to humans nor would it cause a risk oÍupset in the City as it seeks to update an existing Transportation Development Impact .re::. LX. NOISE. Would the proposal result in: a) Increases in existing noise levels? [] 0 0 l'8J b) Exposure of people to severe noise levels? 0 0 0 l'8J Comments: The scope and nature of the proposed project would not have the capacity to result in any new not previously analyzed noise impacts. The primary noise source throughout the area at full build out would be from vehicular traffic. On-site noise impacts would occur as development takes place throughout the area. Off-site noise impacts would increase as regional traffic volumes increase due to grov.rth and roadway segments are widened. The degree of impact would depend on the location of the noise-sensitive receptors (homes, play ground areas, schools) in relation to those roadways as well as the proposed grading and project design. The overall noise issues were adequately discussed in Master EIR 90-01 for Otay Ranch. X. PUBLIC SERVICES. Would the proposal have an effect upon, or result in a need for nevv or altered government services in any of the following areas: a) Fire protection? 0 0 0 l'8J b) Police protection? 0 0 0 l'8J c) Schools? 0 0 0 l'8J Page No.7 / ~ / cJ-,-ç I'otentiall~ Potentially Si¡:nifican! Less than Si::nificant Unless Si!nificall '\0 Impact Miti¡:ated t Impact Impact d) Maintenance of public facilities, incluàing :J ::: 0 ¡g: roads? e) Other governmental services? :J 0 0 ~ Comments: Project impacts to governmental services have been adequately analyzed in Master EIR 90-01 for Otay Ranch. Appropriate mitigation has been adopted to address potentially significant impacts from new development. The proposed TDIF program does not propose any new additional development not previously analyzed. :J 0 0 ~ XI. Thresholds. 'Will the proposal adversezr impact the City's Threshold Standards? As described below, the proposed projecT does not adversely impact any of the seen Threshold Standards. a) FireŒMS ~ 0 ¡g: ~ - The T11reshold Standards requires that fire and medical units must be able to respond to calls within 7 minutes or less in 85% of the cases and within 5 minutes or less in 75% of the cases. The City of Chula Vista Fire Department indicates that this threshold standard will be met. Comments: The threshold standards for Fire/EMS do not apply to the proposed project as there is no development associated with it at this time. b) Police 0 0 0 I8i The Threshold Standards require that police units must respond to 84% of Priority 1 calls within 7 minutes or less and maintain an average response time to all Priority 1 calls of 4.5 minutes or less. Police units must respond to 62.10% of Priority 2 calls within 7 minutes or less and maintain an average response time to all Priority 2 calls of 7 minutes or less. Comments: The threshold standards for police do not apply to the proposed project as there is no development associated with it at this time. c) Traffic :J 0 0 I8i The Threshold Standards require that all intersections must operate at a Level of Service (LOS) "C" or better, with the exception that Level of Service (LOS) "D" may occur during the peak two hours of the day at signalized intersections. Intersections Page "io. 8 /:?~J-Þ Potentially Potentially Si!nificant Less than Si!DificaDt linless Si¡:nificaD "'0 Impact Miti!ated t Impact Impact west on-805 are not to operate at a LOS below their 1987 LOS. No intersection may reach LOS "E" or "F" during the average weekday peak hour. Intersections of arterials with freeway ramps are exempted from this Standard. This Threshold Standard will be complied with by development projects as each phase progresses and implementation of area wide major road improvements occur. Comments: At this time, the threshold standards for traffic do not apply to the proposed project as there is no development associated with the TDIF Program. d) ParksIRecreation :J r-1 0 [8J "-J The Threshold Standard for Parks and Recreation is 3 acres/LOOO population. Comments: At this time, the threshold standards for traffic do not apply to the proposed project as there is no development associated with the TDIF Program. 0 :::1 0 [8J e) Drainage The Threshold Standards require that storm water flows and volumes not exceed City Engineering Standards. Individual projects will provide necessary improvements consistent with the Drainage Master Plane s) and City Engineering Standards. Comments: At t:.1lls time, the threshold standards for Drainage do not apply to the proposed project as there is no development associated with the TDIF Program. f) Sewer 0 0 0 [8J The Threshold Standards require that sewage flows and volumes not exceed City Engineering Standards. Individual projects will provide necessary improvements consistent with Sewer Master Planes) and City Engineering Standards. Comments: At this time, the threshold standards for Sewer do not apply to the proposed project as there is no development associated with the TDIF Program. g) Water 0 0 0 [8J The Threshold Standards require that adequate storage, treatment, and transmission facilities are constructed concurrently with planned growth and that water quality Page No.9 /S'/c27 I'olenlialh' I'olentiall~' Si!nificanl Less than Si~niflcant Unless Significan '\1' Impact Mitigated t Impact Impact standards are not jeopardized during growth and construction. Applicants may also be required to panicipate in whatever water conservation or fee off-set program the City of Chula Vista has in effect at the time of building pennit Issuance. Comments: At this time, the threshold standards for Water do not apply to the proposed project as there is no development associated with the TDIF Program. XII UTILITIES AND SERVICE SYSTEMS. Would the proposal result in a need for 11e11' systems, or substantial alterations to the following utilities: a) Power or natural gas? - [] IEJ - - b) Communications systems? - ~ 0 ¡:g¡ - c) Local or regional water treatment or - '-' 0 [8 distribution facilities? d) Sewer or septic tanks? [] 0 [] [8 e) Storm water drainage? ::J 0 [] !8! f) Solid waste disposal? [] [] 0 [8 Comments: These issues were adequately addressed in Master EIR 90-01 for Otay Ranch. No fu.'iher mitigation will be required. The proposal is the first step in ensuring that adequate funding for transportation facilities will be provided in areas subject to future development. XIII AESTHETICS. Would the proposal: a) Obstruct any scenic vista or view open to 0 0 0 [8 the public or will the proposal result in the creation of an aesthetically offensive site open to public view? b) Cause the destruction or modification of a [] [] [] [8 scenic route? c) Have a demonstrable negative aesthetic [] 0 0 [8 effect? Page >';0, 10 /5- ~ J-r I'()entiall~ Potentially Si~nifican! Less than Si~nificanl liDless Si::nifican "II Impact Miti::ated t Implct Impact d) Cr~at~ added light or glare sources that ::J :J :J ¡g¡ could increase the level of sky glow in an area or cause this project to fail to comply with Section 19.66.100 of the Chula Vista Municipal Code, Title 19? e) Reduce an additional amount of spill light? :J 0 0 ¡g¡ Comments: No impacts to scenic vistas or views are noted with project approval. XIV CUL TUR...<\L RESOURCES. Would the proposal: a) "Vil1 the proposal result in the alteration of - :J 0 ¡g¡ or the destruction or a prehistoric or historic archaeological site? b) Wïl1 the proposal result in adverse physical ~ ~ !:J [8') - -' or aesthetic efíects to a prehistoric or historic building, structure or object? c) Does the proposal have the potential to ::J 0 0 ¡g¡ cause a physical change which would afîect unique ethnic cultural values? d) Will the proposal restrict existing religious !:J 0 0 [8i or sacred uses within the potential impact area? e) Is the area identified on the City's General :J 0 0 [8i Plan EIR as an area of high potential for archeological resources? Comments: As there is no construction or development included in this legislative project, there is no potential to impact cultural or paleontological resources. X"V PALEONTOLOGICAL RESOURCES. Will ::J 0 0 ¡g¡ the proposal result in the alteration of or the destrucTion of paleontological resources? Comments: As there is no construction or development included in this legislative project, there is no potential to impact cultural or paleontological resources Page No. 11 Jð-~2? I'otentiall~ POlentiall~. Si:!nificanl Less than Si~nificant (jnless Si~nifican "(I Impact Miti~ated t Impact Impact :\,.'YI RECREATION. Would the proposal: a) Increase the demand for neighborhood or ::J 0 0 ~ regional parks or other recreational facilities? b) Affect existing recreational opportunities? :J 0 0 181 c) Interfere with recreation parks & recreation 0 0 0 181 plans or programs? Comments: A.s there is no development proposed, there would be no impact upon the quality or quantity of exis1:ing recreational opportunities. .XVII MANDATORY FINDINGS OF SIGNIFICANCE: See Negative Declararion for mandatolJ'findings of significance. If an EIR is needed, this section should be completed. a) Does the project have the potential to , 0 0 181 degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self-sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods or California history or prehistory? Comments: A.s there is no construction or development proposed with the proposed updated Transportation Development Impact Fee area and addressing transportation facility needs, the project does not have the potential to degrade the quality of the environment.. b) Does the project have the potential to 0 0 0 181 achieve short-term, to the disadvantage of long-tenn, environmental goals? Comments: The project conforms to all long-term goals/plans for this area and therefore will not achieve short-tenn goals to the disadvantage of long-term goals. c) Does the proj ect have impacts that are 0 0 0 181 individually limited, but cumulatively J S-V/J £J Page NO. ì2 POlentiall~ 1'00entiall~ Si¡:nifieant Less than Si~nifieant ljnless Signifiean )\.. impact Mitigatrd t impact impact d) Create added light or glare sources that :J 0 0 1:8: could increase the level of skv glo'w in an -' ~ area or cause this project to fail to comply with Section 19.66.100 of the Chula Vista Municipal Code, Title 19? e) Reduce an additional amount of spill light? IJ 0 0 ~ Comments: No impacts to scenic vistas or views are noted with project approval. XIV CULTURAL RESOURCES. Would the proposal: a) Will the proposal result in the alteration of ::J 0 0 [8J or the destruction or a prehistoric or historic: archaeological site? b) \-Vill the proposal result in adverse physicaJ ~ ' , 0 rg¡ or aesthetic effects to a prehistoric or historic building, structure or object? c) Does the proposal have the potential to [] 0 0 [8J cause a physical change which would affect unique ethnic cultural values? d) Will the proposal restrict existing religious 0 0 0 [8J or sacred uses within the potential impact area? e) Is the area identified on the City's General [] 0 [] [8J Plan EIR as an area of high potential for archeological resources? Comments: AB there is no construction or development included in this legislative project, there is no potential to impact cultural or paleontological resources. x'V PALEONTOLOGICAL RESOURCES. Will [] 0 0 [8J the proposal result in the alteration of or the destruction of paleontological resources? Comments: AB there is no construction or development included in this legislative project, there is no potential to impact cultural or paleontological resources Page No. 11 /f5rJj J>otentiali~ Potentiall~' Sil!nificant Less than Si:!Dificant Unless Significan II,c, Impact Mitil!ated Ilmpacl Impact À'l RECREATION. Would the proposal: a) Increase the demand for neighborhood or :J 0 0 ~ regional parks or other recreational facilities? b) Affect existing recreational opportunities? :J 0 0 ~ c) Interfere with recreation parks & recreation :; 0 0 I2?j plans or programs? Comments: As there is no development proposed, there would be no impact upon the quality or quantity of existing recreational opportunities. . À,rn MANDATORY FINDINGS OF SIGNIFICANCE: See NegalŽve Declaralion for mandalary findings of significance. If an EIR is needed. this seClŽon should be completed. a) Does the project have the potential to 0 ::J ::J I2i degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self-sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods or California history or prehistory? Comments: As there is no construction or development proposed with the proposed updated Transportation Development Impact Fee area and addressing transportation facility needs, the project does not have the potential to degrade the quality of the environment.. b) Does the project have the potential to 0 0 0 I2?j achieve short-term, to the disadvantage of long-term, environmental goals? Comments: The project conforms to all long-term goals/plans for this area and therefore will not achieve short-term goals to the disadvantage oflong-tenn goals. c) Does the proj ect have impacts that are 0 0 0 [g individually limited, but cumulatively /[f---J;2 Page "'0. 1: Potentially Potentially' Si¡:nificant Less than Si¡:nificant linless Significan '\11 Impact Miti!ated t Impact Impact considerable? ("Cumulatively considerable" means that the incremental effects of a project are considerable when viewed in connection with the effects of past projects, the effects of other current projects, and the effects of probable future projects.) Comments: Cumulative impact analysis for overall project development east on-80S has been evaluated by the City's General Plan and the various environmental documents prepared Íor the various planned communities principally including Master EIR 90-01 for the Otay Ranch. The proposed project would not result in incremental effects not previously analyzed. d) Does the project have environmental effect 0 0 0 lEI which v,rill cause substantial adverse effects on human beings, either directly or indirectly? Comments: The scope and nature of the project would not have the capacity to result in any such impacts. XIX. PROJECT REVISIONS OR MITIGATION MEASURES: No MitÏ!zation is proposed. xx. ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED: The above completed Initial Study checklist DID NOT find any environmental factors enumerated below that would be potentially affected by this project, nor an impact that could be considered "Potentially Signiñcant Impact" or "Potentially Significant Unless Mitigated". 0 Land Use and Planning 0 Transportation/Circulation 0 Public Services 0 Population and 0 Biological Resources 0 Utilities and Service Housing Systems 0 Geophysical 0 Energy and Mineral 0 Aesthetics Resources 0 Water 0 Hazards 0 Cultural Resources 0 Air Quality 0 Noise 0 Recreation 0 Mandatory Findings of Significance Pa~e No. 13 / ~/JJ XXI. DETERMINATION: On the basis of this initial evaluation: I find that the proposed project COULD NOT have a significant effect on the D environment, and a NEGATIVE DECLARATION will be prepared. I find that although the proposed project could have a significant effect on the D environment, there will not be a significant effect in this case because the mitigation measures described on an attached sheet have been added to the project. A MITIGATED NEGATIVE DECLARATION will be prepared. I find that the proposed project ~i\. Y have a significant effect on the environment, D . and an ENVIRONMENTAL IMPACT REPORT is required. I find that the proposed project ~i\ Y have a significant effect(s) on the 0 environment, but at least one effect: 1) has been adequately analyzed in an earlier document pursuant to applicable legal standards, and 2) has been addressed by mitigation measures based on the earlier analysis as described on attached sheets, if the effect is a "potentially significant impacts" or "potentially significant unless mitigated." An ENVIRONMENTAL IMPACT REPORT is required, but it must analyze only the effects that remain to be addressed. I find that the proposed project WILL NOT have a significant effect on the [g environment, and that the project site and surrounding area (a) have been analyzed adequately in an earlier EIR pursuant to applicable standards and (b) overall potential impacts have been avoided or mitigated pursuant to that earlier EIR, including revisions or provision of mitigation measures that are imposed upon the proposed project as applicable. An addendum has been prepared to provide a record of this determinati on. r[L ~ t£/ February 19. 1999 Enviro_tal Review Coordinator Date City of Chula Vista /~/JY Page )\io. 14 RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING A REPORT PREPARED BY PROJECT DESIGN CONSULTANTS RECOMMENDING AN UPDATED TRANSPORTATION DEVELOPMENT IMPACT FEE TO MITIGATE TRANSPORTATION IMPACTS WITHIN THE CITY'S EASTERN TERRITORIES WHEREAS, on October 13, 1998, the City retained Project Design Consultants for updating the Transportation Development Impact Fee ( TD IF) program; and WHEREAS, the amount of the TDIF has not been updated since 1993 and during this time extensive land use changes have been approved; and WHEREAS, in addition the number of roadway facilities and the cost of constructing these facilities have increased substantially; and WHEREAS, the 1999 update incorporates the following major changes: . Inclusion of the Otay Valley Parcel of the Otay Ranch, which adds 24,067 EDU's and the extensive transportation network needed to serve those properties . New fee rates for Senior Housing, and High Rise Commercial; changes in the rates for Industrial uses and Golf Course; removal of the Olympic Training Center category . Update the project cost estimates to 1999 prices . provisions to annually adjust the fee on October 1 of each fiscal year based on the previous year's change in the July to July Engineering News Record 20 City Construction Cost Index without further Council action . Addition of a provision to permit the City, in its discretion, to enter into an agreement with a developer to convert excess credit into EDU and/or gross acre (commercial and industrial) credits for use against future TDIF obligations at the fee rate in effect on the date of the agreement WHEREAS, the 1999 update recommends a TDIF of $5,920 per EDU. 1 /?/J-/ NOW, THEREFORE, BE IT RESOLVED the City Council of the city of Chula vista does hereby accept a report prepared by Project Design Consultants recommending an updated Transportation Development Impact Fee to mitigate transportation impacts within the City's Eastern Territories, a copy of which is attached hereto as Exhibit A and is incorporated herein by reference as if set forth in full. Presented by Approved as to form by CJv-~~ John P. Lippitt, Director of John M. Kaheny, City Attorney Public Works H:\home\attorney\reso\TDIFrept.PDC 2 J~ß-oZ ORDINANCE NO. d-"60 d- AN ORDINANCE OF THE CITY OF CHULA VISTA, CALIFORNIA AMENDING THE TRANSPORTATION DEVELOPMENT IMPACT FEE PROGRAM, ADDING CHAPTER 3.54, DEVELOPMENT IMPACT FEE TO PAY FOR TRANSPORTATION FACILITIES IN THE CITY'S EASTERN TERRITORIES, TO THE CHULA VISTA MUNICIPAL CODE AND REPEALING ORDINANCE 2251 AND AMENDMENTS THERETO WHEREAS, in January 1988, the City Council of the City of Chula Vista adopted Ordinance No. 2251 establishing a development impact fee for transportation facilities in the City's eastern territories; and, WHEREAS, pursuant to Ordinance No. 2251, the City has commenced the collection of development impact fees to be used to construct transportation facilities to accommodate increased traffic generated by new development within the City's Eastern Territories; and, WHEREAS, Ordinance No. 2251 has been modified or amended at least six times including by Ordinance Nos. 2289, 2348, 2349, 2431, 2580, 2604 and 2671; and, WHEREAS, pursuant to Section 1 (c) of Ordinance No. 2251 and California Government Code Sections 66000, et. seq., the City Council has caused a study to be conducted to reanalyze and reevaluate the impacts of development on the transportation system for the City=s eastern territories and, to further reanalyze and evaluate the development impact fee necessary to pay for the transportation facilities which Financial and engineering study prepared by Project Design Consultants, is entitled" Eastern Area Development Impact Fees for Streets 1999 Update" (the Update) dated October 25,1999; and, WHEREAS, the financial and engineering studies and the City's General Plan show that the transportation network will be adversely impacted by new development within the eastern territories unless new transportation facilities are added to accommodate the new development; and, WHEREAS, the financial and engineering studies and the City's General plan establish that the transportation facilities necessitated by development in the eastern territories comprise and integrated network; and, WHEREAS, Ordinance No. 2251 authorizes the City Council to amend or modify the list of projects to be financed by the fee; and, WHEREAS, on November 16, 1999, the City Council of the City of Chula Vista held a duly noticed meeting at which oral or written presentations regarding the development impact fee for the City=s eastern territories could be made; and, 1 /~ß -/ WHEREAS, the City's Environmental Review Coordinator has determined that any impacts associated with the proposed update of the Transportation Development Fee have been previously addressed by EIR 90-01 (Otay Ranch GDP Program EIR) and has therefore prepared an addendum to that document. WHEREAS, the City Council of the City of Chula Vista has previously reviewed, analyzed, considered, and certified EIR 90-01 (Otay Ranch GDP Program EIR); WHEREAS, the City's Environmental Review Coordinator has reviewed the Project and prepared an addendum to EIR 90-01 (Otay Ranch GDP Program EIR) which concluded that updating the Transportation Development Impact Fee would not result in significant impacts pursuant to Section 15164 of the State CEQA Guidelines, and therefore found that the revisions would result in only minor technical changes or additions which are necessary to make the EIR adequate under CEQA. NOW, THEREFORE, the City Council of the City of Chula Vista does ordain as follows: SECTION 1: FINDINGS The City Council finds that developers of land within the Eastern Territory should be required to mitigate the burden created by development through the construction of transportation facilities within the boundaries of the development, the construction of those transportation facilities outside the boundaries of the development which are needed to provide service to the development in accordance with City standards and the payment of a development impact fee to finance the development=s portion of costs of the transportation network; and, The City Council finds that the legislative findings and determinations set forth in Ordinance No. 2251 continue to be true and correct; and, The City Council finds, after consideration of the evidence presented to it including the "Eastern Area Development Impact Fees for Streets 1999 Update", that certain amendments to Ordinance No. 2251 are necessary in order to assure that there are sufficient funds available to finance the transportation facilities necessary to serve the eastern territories by the development impact fee; and, The City Council finds, based on the evidence presented at the meeting held for this Ordinance, the City's General Plan, and the various reports and information received by the City Council in the ordinary course of its business, that the imposition of traffic impact fees on all development in the eastern territories for which building permits have not been issued is necessary in order to protect the public health, safety and welfare and in order to assure effective implementation of the City's General Plan; and, The City Council finds that the amount of the amended fees levied by this ordinance does not exceed the estimated cost of providing the transportation facilities; and, 2 J~ß-;¿ The City Council finds that it is appropriate to revise the fees for Industrial land uses to reflect the fact that many of the trips associated with the commercial land uses are in fact, trips associated with other land uses that incorporate an intermediate stop at a commercial land use (passerby trips); and, The City Council finds that the "Eastern Area Development Impact Fees for Streets 1999 Update" has determined the extent to which new development of land will generate traffic volumes impacting the City's roadway system and that this Ordinance establishes a fair and equitable method for distributing the unfunded costs of transportation improvements necessary to accommodate the traffic volumes generated by such developments. The City Council finds that the fee established by this ordinance are based on the findings of the "Eastern Area Development Impact Fees for Streets 1999 Update" and that all such findings are incorporated herein by this reference, on file in the office of the City Clerk. The City Council finds it is necessary to ensure the timely payment of the" DIF program monitoring" cost item, included in Table E "Program Funding Requirements" of the Financial and engineering study to adequately fund ongoing and future administration activities and studies; and, The City Council finds that the Addendum prepared to EIR 90-01 reflects the independent judgment of the City Council of the City of Chula Vista and hereby adopts the Addendum to EIR 90-01. SECTION 2: That Ordinances 2251, 2289, 2348, 2349, 2431, 2580, 2604, and 2671 are hereby repealed and shall be of no further force and effect. SECTION 3: That Chapter 3.54 shall be added to the Municipal Code to read as follows: Chapter 3.54 Transportation Development Impact Fee 3.54.010 Establishment of Fee. A. A development impact fee in the amounts set forth in Section 3.54.01 O(C) is hereby established to pay for transportation improvements and facilities within the Eastern Territories of the City. The fee shall be paid before the issuance of building permits for each development project within the Eastern Territories of the City. No building permit shall be issued unless the development impact fee is paid. The fees shall be deposited into an 3 /gp~J Eastern Territories Transportation Facilities Fund, which is hereby created, and shall be expended only for the purposes set forth in this ordinance. The Director of Finance is authorized to establish various accounts within the fund for the various improvements and facilities identified in this ordinance and to periodically make expenditures from the fund for the purposes set forth herein in accordance with the facilities phasing plan or capital improvement plan adopted by the City Council. The City Council finds that collection of the fees established by this ordinance at the time of the building permit is necessary to ensure that funds will be available for the construction of facilities concurrent with the need for those facilities and to ensure certainty in the capital facilities budgeting for the Eastern Territories. B. The fee established by this section is in addition to the requirements imposed by other City laws, policies or regulations relating to the construction or the financing of the construction of public improvements within subdivisions or developments. C. The amount of the fee for each development shall be calculated at the time of building permit issuance based upon the following schedule: Development Type Transportation Fee Single Family Detached Dwelling $5,920/ Dwelling Unit Single Family Attached Dwelling $4,736/ Dwelling Unit Multi-Family Dwelling $3,552/ Dwelling Unit Senior Housing $2,368/ Dwelling Unit Commercial $148,000/ Gross Acre Commercial (High Rise) $236,800/ Gross Acre Industrial $88,800/ Gross Acre Golf Course $414,400/ Golf Course Medical Center $384,800/ Gross Acre The amount of the fee shall be adjusted, starting on October 1, 2000, and on each October 1 st thereafter, based on the one year change (from July to July) in the 20 City Construction Cost Index as published monthly in the Engineering News Record. For reference purposes, the July 1999, 20 City Construction Cost Index is 6076.25. Adjustments to the above fees based upon the Construction Cost Index shall be automatic and shall not require further action of the City Council. The City Council shall at least annually review the amount of the fee. The 4 J<6ß~f City Council may adjust the amount of the fee as necessary to reflect changes in the type, size, location or cost of the Transportation Facilities to be financed by the fee, changes in land use designations in the City's General Plan, and upon other sound engineering, financing and planning information. Adjustments to the above fees resulting from the above reviews may be made by resolution amending the Master Fee Schedule. D. The fees collected shall be used by the City for the following purposes as determined by the City Council: 1. To pay for the construction of facilities by the City, or to reimburse the City for facilities installed by the City with funds from other sources. 2. To reimburse developers who have been required by Section 3.54.040(A) to install improvements that are major streets and are listed in Section 3.54.030. 3. To reimburse developers who have been permitted to install improvements pursuant to Section 3.54.040(B). 3.54.020 Definitions. For the purposes of Chapter 3.54, the following words or phrases shall be construed as defined herein, unless from the context it appears that a different meaning is intended. A. "Building Permit" means a permit required by and issued pursuant to the Uniform Building Code. B. "Developer" means the owner or developer of a development. C. "Development Permit" means any discretionary permit, entitlement or approval for a development project issued under any zoning or subdivision ordinance of the City. D. "Development Project" or "Development" means any activity described in Sections 66000 of the State Government Code. E. "Eastern Territories" generally means that area of the City located between Interstate 805 on the west, the City sphere of influence boundary on the east and northeast, the City boundary on the north and the City's southern boundary on the south, excepting Villages 9 and 1 0 of the Otay Ranch "the University Site" as shown on the map entitled "Figure I" of the Update of the Financial and engineering studies. The property known as Bonita Gateway located at the 5 /?!J/5 northeast quadrant of Bonita Road and 1-805 intersection is also included. F. "Financial and Engineering Studies" means the "Interim Eastern Area Development Impact Fee for Streets" study prepared by George T. Simpson and Willdan Associates dated November 1987, the" Eastern Area Development Fee for Streets" study prepared by Willdan Associates dated November 19, 1990, the "Eastern Development Impact Fee for Streets B - 1993 Revision" study prepared by City staff dated July 13, 1993, and the study prepared by Project Design Consultants ("Eastern Area Development Impact Fees for Streets, 1999 Update") dated October 25, 1999 which are on file in the Office of the City Clerk. G. "High Rise" Commercial means commercial office usage 5 or more stories in height. 3.54.030 Transportation Facilities to be Financed by the Fee A. The transportation facilities and programs to be financed by the fee established by this ordinance are: 1.* State Route 125 from San Miguel Road to Telegraph Canyon Road. 2.* State Route 125 from Telegraph Canyon Road to Orange Avenue. 3. Telegraph Canyon Road from Paseo Del Rey to east of Paseo Ladera/north side. 3a. Telegraph Canyon Road at 1-805 interchange/Phase II. 4.** Telegraph Canyon Road B Phase I Rutgers Avenue to Eastlake Boundary. 5.** Telegraph Canyon Road B Phase II Paseo Ladera to Apache Drive. 6.** Telegraph Canyon Road B Phase III Apache Drive to Rutgers Avenue. 7. East H Street B 1-805 interchange modifications. 8.** East H Street from Eastlake Drive to SR-125. 9.** Otay Lakes Road from Camino del Cerro Grande to Ridgeback Road. 10a. La Media Road from Telegraph Canyon Road to East Palomar Street. 10b. La Media Road from East Palomar Street to Olympic Parkway. 11. Bonita Road from Otay Lakes Road to Central Avenue. 6 /~ß ~~ 12. Bonita Road from Central Avenue to San Miguel Road. 13.* San Miguel Road from Bonita Road to SR-125. 14.** East H Street from State Route 125 to San Miguel Road. 15.** Proctor Valley Road (East H Street) from San Miguel Road to Hunte Parkway. 16. Olympic Parkway from Brandywine Ave. to Paseo Ranchero. 17a. East Palomar Street from Oleander Ave. to Sunbow Eastern Boundary 17b. East Palomar Street from Sunbow eastern boundary to Medical Center Drive. 18.** Telegraph Canyon Road from eastern boundary of Eastlake to Hunte Parkway. 19.** Eastlake Parkway from Otay Lakes Road to EastLake High School southern boundary. 20.** Hunte Parkway from Proctor Valley Road to Telegraph Canyon Road. 21.** Hunte Parkway from Telegraph Canyon Road to Club House Drive. 21a. Hunte Parkway from South Greensview Drive to Olympic Parkway. 22. Olympic Parkway from EastLake Parkway to Hunte Parkway. 23a. Paseo Ranchero from Telegraph Canyon Road to East Palomar Street. 23b. Paseo Ranchero from East Palomar Street to Olympic Parkway. 24a. Olympic Parkway from Paseo Ranchero to La Media Road. 24b. Olympic Parkway from La Media Drive to East Palomar Street. 24c. Olympic Parkway from East Palomar Street to SR125. 24d. Olympic Parkway from SR125 to EastLake Parkway. 25. Olympic Parkway B 1-805 Interchange Modifications to Brandywine Avenue. 7 Iffff-? 26. East Palomar Street from eastern Sunbow Boundary to Paseo Ranchero. 27. East Palomar Street at 1-805 Interchange. 28. Otay Lakes Road from Hunte Parkway to Wueste Road. 29. Olympic Parkway from Hunte Parkway to Olympic Training Center. 30. Otay Lakes Road from SR-125 to Eastlake Parkway. 31. EastLake Parkway from Fenton Street to Otay Lakes Road. 32. East AH@ Street from 1-805 to Hidden Vista Drive. 33.** Bonita Road at Otay Lakes Road Intersection. 34.** Otay Lakes Road at Elmhurst Drive Intersection. 35.** East AH@ Street at Otay Lakes Road Intersection. 36. Traffic Signal Interconnection B Eastern Territories. 37. EastLake Parkway from Eastlake High School southern boundary to Olympic Parkway. 38.** East AH@ Street from Paseo Del Rey to Tierra del Rey. 39.** Bonita Road from 1-805 to Plaza Bonita Road. 40. Alta Road from SR125 to Eastlake Parkway. 41. Brandywine/Medical Center Drive from Medical Center Court to Olympic Parkway. 42. Birch Road from La Media Road to SR125. 43. Birch Road from SR125 to Eastlake Parkway. 44. Birch Road from Eastlake Parkway to Hunte Parkway. 45. Eastlake Parkway from Olympic Parkway to Birch Road. 46. Eastlake Parkway from Birch Road to Rock Mountain Road. 47. Mt. Miguel Road from Proctor Valley Road South to Proctor Valley Road 8 /~g -ý North. 48. Hunte Parkway from Olympic Parkway to Birch Road. 50. La Media Road bridge crossing the Otay River (1/2 the cost). 51. La Media Road from Olympic Parkway to Birch Road. 52. La Media Road from Birch Road to Rock Mountain Road. 53. La Media Road from Rock Mountain Road to Otay Valley Road. 54. La Media Road from Otay Valley Road to southern City boundary. 55. Otay Lakes Road from East H Street to Telegraph Canyon Road. 56.a Otay Valley Road from 1-805 to Rock Mountain Road. 56.b Otay Valley Road from Rock Mountain Road to La Media Road. 56.c Otay Valley Road from La Media Road to SR125. 57. Paseo Ranchero from Olympic Parkway to Otay Valley Road. 58. Paseo Ranchero Otay Valley Road to southern City Boundary (including bridge crossing the Otay River) (1/2 the cost). 59. Proctor Valley Road from Hunte Parkway to eastern City boundary at Upper Otay Reservoir. 60. Rock Mountain Road from SR125 to Otay Valley Road. 61. Willow Street from Bonita Road to Sweetwater Road (including bridge over Sweetwater River). 62. East H Street from Buena Vista Way to Otay Lakes Road. 63. Intersection Signalization area wide within the Eastern Territories. 64. Development Impact Fee program support. * Project is now included in the interim pre-SR125 transportation facility fee. ** Project has been completed. 9 /96- / B. The City Council may modify or amend the list of projects in order to maintain compliance with the Circulation Element of the City's General Plan. 3.54.040 Developer Construction of Transportation Facilities A. Whenever a developer of a development project would be required by application of City law or policy, as a condition of approval of a development permit to construct or finance the construction of a portion of a transportation facility identified in Section 3.54.030 of this ordinance, the City Council may impose an additional requirement that the developer install the improvements with supplemental size, length or capacity in order to ensure efficient and timely construction of the transportation facilities network. If such a requirement is imposed, the City Council shall, in its discretion, enter into a reimbursement agreement with the developer, or give a credit against the fee otherwise levied by this ordinance on the development project, or some combination thereof. B. A developer may request authorization from the City Council to construct one or more of the facilities listed in Section 3.54.030. C. Whenever a developer requests reimbursement, or a credit against fees, for work to be done or paid for by the developer under Subsections (A) or (B) of this section, the request shall be submitted in writing to the City Council before commencement of the work. The request shall contain the following information and, if granted, shall be subject to the following conditions: 1. Detailed description of the project with a preliminary cost estimate. That portion of the project which involves the specified improvements authorized by Section 3.54.030 is referred to herein as the Transportation Facility Project. 2. Requirements of developer: - preparation of plans and specifications for approval by the City; - secure and dedicate any right-of-way required for the Transportation Facility project; - secure all required permits and environmental clearances necessary for the Transportation Facility project; - provision of performance bonds (where the developer intends to utilize provisions for immediate credit, the performance bond shall be for 100 percent of the value of the Transportation Facility Project); - payment of all City fees and costs. 3. The City will not be responsible for any of the costs of constructing the Transportation Facility Project. The developer shall advance all necessary 10 Jff/š -- /0 - funds to construct the Transportation Facility Project. 4. The developer shall secure at least three (3) qualified bids for work to be done. The construction contract shall be granted to the lowest qualified bidder. If qualified, the developer may agree to perform the work at a price equal to or less than the low bid. Any claims for additional payment for extra work or charges during construction shall be justified and shall be documented to the satisfaction of the Director of Public Works. 5. The developer shall provide a detailed cost estimate which itemizes those costs of the construction attributable to the Transportation Facility Project and excludes any work attributable to a specific subdivision project. The estimate is preliminary and subject to final determination by the Director of Public Works upon completion of the Transportation Facility Project. 6. Upon approval of the estimated cost by the Director of Public Works, the developer shall be entitled to immediate credit for 50 percent of the estimated cost of the construction attributable to the Transportation Facility Project. Once the developer has received valid bids for the project which have been approved by the Director of Public Works, the amount of the immediate credit shall be increased to 75 percent of the bid amount. The immediate credits shall be applied to the developers' obligation to pay fees for building permits issued after the establishment of the credit. The developer shall specify these building permits to which the credit is to be applied at the time the developer submits the building permit applications. 7. If the developer uses all of the immediate credit before final completion of the Transportation Facility Project, then the developer may defer payment of Development Impact Fees for other building permits by providing to the City liquid security such as cash or an irrevocable letter of credit, but not bonds or set-aside letters. in an amount equal to the remaining amount of the estimated cost of the Transportation Facility Project. 8. When all work has been completed to the satisfaction of the City, the developer shall submit verification of payments made for the construction of the Transportation Facility Project to the City. The Director of Public Works shall make the final determination on expenditures which are eligible for credit or cash reimbursement. 9. After final determination of eligible expenditures has been made by the Director of Public Works, the final amount of Development Impact Fee credits shall be determined. The developer shall receive credit against the deferred fee obligation in an amount equal to the difference between the final expenditure determination and the amount of the 75 percent immediate credit used if any. The City shall notify the developer of the 11 It? g~1/ final deferred fee obligation, and of the amount of the applicable credit. If the amount of the applicable credit is less than the deferred fee obligation, then the developer shall have thirty (30) days to pay the deferred fee. If the deferred fees are not paid within the thirty-day period, the City may make a demand against the liquid security and apply the proceeds to the fee obligation. 10. The developer will receive any credit against required Development Impact Fees incrementally at the time building permits are issued for the developer's project. The amount of the credit to be applied to each building permit shall be based upon the fee schedule in effect at the time of the building permit issuance. The Director of Public Works shall convert such credit to an EDU basis for residential development and/or a Gross Acre basis for commercial or industrial development for purposes of determining the amount of credit to be applied to each building permit. If the total eligible construction cost for the Transportation Facility Project is more than the total Development Impact Fees which will be required for the developer's project, then the amount in excess of Development Impact Fees will be paid in cash when funds are available as determined by the City Manager; a reimbursement agreement will be executed; or the developer may waive reimbursement and use the excess as credit against future Development Impact Fee obligations. The City may, in its discretion, enter into an agreement with the developer to convert excess credit into EDU and/or gross acre credits for use against future Development Impact Fee obligations at the fee rate in effect on the date of the agreement. 11. The requirements of Section 3.54.040(C) may, in the City's discretion, be modified through an agreement entered into with the developer. D. Whenever a Transportation Development Impact Fee credit is generated by constructing a transportation facility using assessment district or community facilities district financing, the credit shall only be applied to the Transportation Development Impact Fee obligations within that district. 3.54.050 Procedure for Fee Waiver or Reduction. A. Any developer who, because of the nature or type of uses proposed for a development project, contends that application of the fee imposed by this ordinance is unconstitutional, or unrelated to mitigation of the traffic needs or burdens of the development, may apply to the City Council for a waiver, reduction, or deferral of the fee. A development which is designed and intended as a temporary use (10 years or less) and which is conducted in facilities which are, 12 /~ß-/2. by their nature, short term interim facilities such as a portable or modular building (including mobile homes, trailers, etc.) may qualify for a waiver, reduction, or deferral. In addition, a deferral may be granted on the basis of demonstrated economic hardship on the condition that (1) the use offers a significant public benefit; (2) the amount deferred bears interest at a fair market rate so as to constitute an approximate value equivalent to a cash payment; and (3) the amount deferred is adequately secured by agreement with the applicant. Unless the requirement for timely filing is waived by the City, the application shall be made in writing and filed with the City Clerk not later than ten (10) days after notice of the public hearing on the development permit application or the project is given, or if no development permit is required, at the time of the filing of the building permit application. The application shall state in detail the factual basis for the claim of waiver or reduction. B. Any developer who proposes a golf course and contends that the application of the Development Impact Fee is unrelated to the mitigation of the traffic needs of the golf course may apply to the City Council for a reduction of the fee based on the nature of the proposed golf course. An interim reduction may be granted in the City's discretion pursuant to a written agreement with the developer and upon developer's submission of a preliminary traffic study which adequately supports the contention that the fee imposed by this ordinance is not related to the traffic to be generated by the golf course. The City's final decision on the fee to be imposed on the golf course will be based on a traffic study to be paid for by developer and prepared and submitted for approval by the City's Director of Public Works within the fourth year of operation of the fully developed golf course. Should developer fail to submit such traffic study and obtain the City's approval thereof during the fourth year of golf course operation, the entire fee imposed by this ordinance shall be immediately due and payable. If a fee reduction is permitted, the City Council may allow developer to pay the Development Impact Fee over a ten year period. C. The City Council shall consider the application at a public hearing on same, notice of which need not be published other than by description on the agenda of the meeting at which the public hearing is held. Said public hearing should be held within sixty (60) days after its filing. The decision of the City Council shall be final. If a deferral, reduction or waiver is granted, it should be granted pursuant to an agreement with the applicant, and the property owner, if different from the applicant, providing that any change in use within the project shall subject the development to payment of the full fee. The procedure provided by this Section is additional to any other procedure authorized by law for protesting or challenging the fee imposed by this ordinance. 3.54.060 Payment of DIF Program Support 13 lyß-/,3 The" DIF Program Support" shall, with no exceptions, be paid in cash concurrently with the development impact fee at a rate equal to 3% of the total applicable fee. 3.54.070 Exemptions Development projects by public agencies shall be exempt from the provisions of this fee. Exempt development uses with the following characteristics or activities as a principal use of land, generally described as "Community Purpose Facility": A. Social service activities, including such services as Boys Scouts, Girl Scouts, Boys Club and Girls club, Alcoholics Anonymous, YMCA and services for the homeless; B. Public Schools (elementary and secondary); C. Private Schools (elementary and secondary); D. Day Care (non-profit only); E. Senior Care And Recreation (non-profit only); F. Worship, Spiritual growth and Development 3.54.080 Assessment Districts If any assessment or special taxing district is established for any or all of the facilities listed in Section 3.54.030, the owner or developer of a project may apply to the City Council for a credit against the fee in an amount equal to the developments attributable portion of the cost of the authorized improvements as determined by the Director of Public Works, plus incidental costs normally occurring with a construction project, but excluding costs associated with assessment district proceedings or financing. SECTION 4: EXPIRATION OF THIS ORDINANCE This ordinance shall be of no further force and effect when the City Council determines that the amount of fees which have been collected reaches an amount equal to the cost of the transportation facilities or reimbursements. SECTION 5: TIME LIMIT FOR JUDICIAL ACTION Any judicial action or proceeding to attack, review, set aside void or annul this ordinance shall be brought within the time period as established by Government Code Section 66020 after the effective date of this ordinance. In accordance with Government Code Section 66020(d)(1), the ninety day approval period in which parties may protest begins upon the effective date of this ordinance. 14 /JYg-/ý SECTION 6: EFFECTIVE DATE. This Ordinance shall become effective 60 days after its adoption. Presented by: Approved as to form: ~~Þ- John P. Lippitt John M. Kaheny Director of Public Works City Attorney H :\SHAREDIA HORN EY\ TOI FORD2. CLS 15 / ~lj,r/Ç ORDINANCE NO. AN URGENCY ORDINANCE OF THE CITY OF CHULA VISTA, CALIFORNIA AMENDING ORDINANCE NO. 2251, RELATING TO DEVELOPMENT IMPACT FEE TO PAY FOR THE TRANSPORTATION FACILITIES IN THE CITY'S EASTERN TERRITORIES WHEREAS, the City Council is placing an ordinance on its first reading which will increase the development impact fee to finance transportation facilities within the City of Chula Vista, and WHEREAS, pursuant to Government Code Section 66017(a), the fees increased by that ordinance will not become effective until sixty (60) days after its second reading, and WHEREAS, developments in the City which will impact various transportation facilities will be applying for building permits during 'the interim period before the development impact fee increase becomes effective, and WHEREAS, Government Code Section 66017(b) authorizes the City to adopt an interim fee as an urgency measure upon making a finding describing the current and immediate threat to the public health, welfare, and safety, and WHEREAS, said interim measure will be effective for thirty (30) days and may be extended twice for additional thirty (30) day periods upon subsequent action by the City Council, and WHEREAS, the City's Environmental Review Coordinator has determined that any impacts associated with the proposed update of the Transportation Development Fee have been previously addressed by EIR 90-01 (Otay Ranch GDP Program EIR) and has therefore prepared an addendum to that document, and WHEREAS, the City Council of the City of Chula Vista has previously reviewed, analyzed, considered, and certified EIR 90-01 (Otay Ranch GDP Program EIR), and WHEREAS, the City's Environmental Review Coordinator has reviewed the Project and prepared an addendum to EIR 90-01 (Otay Ranch GDP Program EIR) which concluded that updating the Transportation Development Impact Fee would not result in significant impacts pursuant to Section 15164 of the State CEQA Guidelines, and therefore found that the revisions would result in only minor technical changes or additions which are necessary to make the EIR adequate under CEQA, and WHEREAS, state law requires said urgency ordinance to be adopted by a four-fifths vote. NOW, THEREFORE, the City Council of the City of Chula Vista does ordain as follows: SECTION 1: FINDINGS The City Council finds that developers of land within the Eastern Territory should be 1 /öé-/ required to mitigate the burden created by development through the construction of transportation facilities within the boundaries of the development, the construction of those transportation facilities outside the boundaries of the development which are needed to provide service to the development in accordance with City standards and the payment of a development impact fee to finance the development's portion of costs of the transportation network; and, The City Council finds that the legislative findings and determinations set forth in Ordinance No. 2251 continue to be true and correct; and, The City Council finds, after consideration of the evidence presented to it including the "Eastern Area Development Impact Fees for Streets 1999 Update," that certain amendments to Ordinance No. 2251 are necessary in order to assure that there are sufficient funds available to finance the transportation facilities necessary to serve the eastern territories by the development impact fee; and, The City Council finds, based on the evidence presented at the meeting, the City's General Plan, and the various reports and information received by the City Council in the ordinary course of its business, that the imposition of traffic impact fees on all development in the eastern territories for which building permits have not been issued is necessary in order to protect the public health, safety and welfare and in order to assure effective implementation of the City's General Plan; and, The City Council finds that the amount of the amended fees levied by this ordinance does not exceed the estimated cost of providing the transportation facilities; and, The City Council finds that it is appropriate to resolve the fees for commercial land uses to reflect the fact that many of the trips associated with the commercial land uses are in fact, trips associated with other land uses that incorporate an intermediate stop at a commercial land use (passerby trips); and, The City Council finds it is necessary to ensure the timely payment of the "DIF program monitoring" cost item, included in Table E "Program Funding Requirements" of the Financial and engineering study to adequately fund ongoing and future administration activities and studies; and, The City Council finds that reduction of trips from commercial land uses may place an inordinate burden on commercial land uses where public facility assessments have been placed on the affected properties in anticipation of payment of transportation fees, and as a result of said adjustment, the proposed fees are now lower than the value of the assessments; and, The City Council finds that the Addendum prepared to EIR 90-01 reflects the independent judgment of the City Council of the City of Chula Vista and hereby adopts the Addendum to EIR 90-01. SECTION 2: Finding of Urgency. That the City Council of the City of Chula Vista finds that it is necessary that its development impact fee for transportation facilities go into effect immediately in order that all properties in the eastern section of the City pay their fair share of the cost of public transportation 2 /?C--,2 ¡ improvements relating to the impacts caused by their development. Immediate implementation of this fee is necessary due to the current and immediate threat to public safety which will result should there be a shortfall in the amount of money necessary to pay for the various transportation facilities thereby resulting in severe congestion and failure of the public transportation network necessary to serve the increased population. The City Council finds that the prospect of a shortfall, failure of the street system and concerns about an increased charge to remaining property owners constitutes a current immediate threat to the public health, welfare and safety justifying the immediate imposition of this fee. SECTION 3: That the Development Impact Fee Schedule set forth in Section 1 (c) of Ordinance No. 2251, as amended by Ordinance No. 2671, shall be amended to read as follows: 1.(c) The fee for each development shall be calculated at the time of building permit application based upon the following schedule: Development Type Transportation Fee Single Family Detached Dwelling $5,920/ Dwelling Unit Single Family Attached Dwelling $4,736/ Dwelling Unit Multi-Family Dwelling $3,552/ Dwelling Unit Senior Housing $2,368/ Dwelling Unit Commercial $148,000/ Gross Acre Commercial (High Rise) $236,800/ Gross Acre Industrial $88,800/ Gross Acre Golf Course $414,400/ Golf Course Medical Center $384,800/ Gross Acre The amount of the fee shall be adjusted, starting on October 1, 2000, and on each October 1 st thereafter, based on the one year change (from July to July) in the 20 City Construction Cost Index as published monthly in the Engineering News Record. For Reference purposes, the July 1999 20 City Construction Cost Index is 6076.25. Adjustments to the above fees based upon the Construction Cost Index shall be automatic and shall not require further action of the City Council. The City Council shall at least annually review the amount of the fee. The City Council may adjust the amount of the fee as necessary to reflect changes in the type, size, location or cost of the Transportation Facilities to be financed by the fee, changes in land use designations in the City's General Plan, and upon other sound engineering, financing and planning information. Adjustments to the above fees resulting from the above reviews may be made by resolution amending the Master Fee Schedule. SECTION 4: Ordinance 2251, Section 2: Definitions, is hereby amended to add the definition of "High Rise Commercial" as follows: (g) "High Rise Commercial" means commercial office usage 5 or more stories in height. 3 J[šc-3 SECTION 5: That the definitions for "Eastern Territories" and "Financial and Engineering Studies" as set forth in Section 2 of Ordinance 2251 are amended to read as follows: (e) "Eastern Territories" generally means that area of the City located between Interstate 805 on the west, the City sphere of influence boundary on the east and northeast, the City boundary on the north and the City's southern boundary on the south, excepting Villages 9 and 10 of the Otay Ranch "the University Site" as shown on the map entitled "Figure I" of the Update of the Financial and engineering studies. The property known as Bonita Gateway located at the northeast quadrant of Bonita Road and 1-805 intersection is also included. (f) "Financial and engineering studies" means the "Interim Eastern Area Development Impact Fee for Streets" study prepared by George T. Simpson and Willdan Associates dated November 1987, the "Eastern Area Development Fee for Streets" study prepared by Willdan Associates dated November 19, 1990, the "Eastern Development Impact Fee for Streets - 1993 Revision" study prepared by City Staff dated July 13, 1993, and the study prepared by Project Design Consultants ("Eastern Area Development Impact Fees for Streets, 1999 Update") dated October 25,1999 which are on file in the Office of the City Clerk". SECTION 6: That the list of facilities and programs set forth in Section 3(a) of Ordinance 2251 is amended to read as follows: (a) The transportation facilities and programs to be financed by the fee established by this ordinance are: 1.* State Route 125 from San Miguel Road to Telegraph Canyon Road. 2.* State Route 125 from Telegraph Canyon Road to Orange Avenue. 3. Telegraph Canyon Road from Paseo Del Rey to east of Paseo Ladera/north side. 3a. Telegraph Canyon Road at 1-805 interchange/Phase II. 4.** Telegraph Canyon Road - Phase I Rutgers Avenue to Eastlake Boundary. 5.** Telegraph Canyon Road - Phase II Paseo Ladera to Apache Drive. 6.** Telegraph Canyon Road - Phase III Apache Drive to Rutgers Avenue. 7. East H Street - 1-805 interchange modifications. 8.** East H Street from Eastlake Drive to SR-125. 4 ) 7c-Ý 9.** Otay Lakes Road from Camino del Cerro Grande to Ridgback Road. 10a. La Media Road from Telegraph Canyon Road to East Palomar Street. 10b. La Media Road from East Palomar Street to Olympic Parkway. 11. Bonita Road from Otay Lakes Road to Central Avenue. 12. Bonita Road from Central Avenue to San Miguel Road. 13.* San Miguel Road from Bonita Road to SR-125. 14.** East H Street from State Route 125 to San Miguel Road. 15.** Proctor Valley Road (East H Street) from San Miguel Road to Hunte Parkway. 16. Olympic Parkway from Brandywine Ave. to Paseo Ranchero. 17a. East Palomar Street from Oleander Ave. to Sunbow Eastern Boundary 17b. East Palomar Street from Sunbow eastern boundary to Medical Center Drive. 18.** Telegraph Canyon Road from eastern boundary of Eastlake to Hunte Parkway. 19.** Eastlake Parkway from Otay Lakes Road to EastLake High School southern boundary. 20.** Hunte Parkway from Proctor Valley Road to Telegraph Canyon Road. 21.** Hunte Parkway from Telegraph Canyon Road to Club House Drive. 21a. Hunte Parkway from South Greensview Drive to Olympic Parkway. 22. Olympic Parkway from EastLake Parkway to Hunte Parkway. 23a. Paseo Ranchero from Telegraph Canyon Road to East Palomar Street. 23b. Paseo Ranchero from East Palomar Street to Olympic Parkway. S /~c-5 24a. Olympic Parkway from Paseo Ranchero to La Media Road. 24b. Olympic Parkway from La Media Drive to East Palomar Street. 24c. Olympic Parkway from East Palomar Street to SR125. 24d. Olympic Parkway from SR125 to EastLake Parkway. 25. Olympic Parkway - 1-805 Interchange Modifications to Brandywine Avenue. 26. East Palomar Street from eastern Sunbow Boundary to Paseo Ranchero. 27. East Palomar Street at 1-805 Interchange. 28. Otay Lakes Road from Hunte Parkway to Wueste Road. 29. Olympic Parkway from Hunte Parkway to Olympic Training Center. 30. Otay Lakes Road from SR-125 to Eastlake Parkway. 31. EastLake Parkway from Fenton Street to Otay Lakes Road. 32. East "H" Street from 1-805 to Hidden Vista Drive. 33.** Bonita Road at Otay Lakes Road Intersection. 34.** Otay Lakes Road at Elmhurst Drive Intersection. 35.** East "H" Street at Otay Lakes Road Intersection. 36. Traffic Signal Interconnection - Eastern Territories. 37. EastLake Parkway from Eastlake High School southern boundary to Olympic Parkway. 38.** East "H" Street from Paseo Del Rey to Tierra del Rey. 39.** Bonita Road from 1-805 to Plaza Bonita Road. 40. Alta Road from SR125 to Eastlake Parkway. 41. Brandywine/Medical Center Drive from Medical Center Court to Olympic Parkway 42. Birch Road from La Media Road to SR125. 6 / ýc--? 43. Birch Road from SR125 to Eastlake Parkway. 44. Birch Road from Eastlake Parkway to Hunte Parkway. 45. Eastlake Parkway from Olympic Parkway to Birch Road. 46. Eastlake Parkway from Birch Road to Rock Mountain Road. 47. Mt. Miguel Road from Proctor Valley Road South to Proctor Valley Road North 48 Hunte Parkway from Olympic Parkway to Birch Road. 50. La Media Road bridge crossing the Otay River (1/2 the cost). 51. La Media Road from Olympic Parkway to Birch Road. 52. La Media Road from Birch Road to Rock Mountain Road. 53. La Media Road from Rock Mountain Road to Otay Valley Road. 54. La Media Road from Otay Valley Road to southern City boundary. 55. Otay Lakes Road from East H Street to Telegraph Canyon Road. 56.a Otay Valley Road from 1-805 to Rock Mountain Road. 56.b Otay Valley Road from Rock Mountain Road to La Media Road. 56.c Otay Valley Road from La Media Road to SR125. 57. Paseo Ranchero from Olympic Parkway to Otay Valley Road. 58. Paseo Ranchero Otay Valley Road to southern City Boundary (including bridge crossing the Otay River) (1/2 the cost). 59. Proctor Valley Road from Hunte Parkway to eastern City boundary at Upper Otay Reservoir. 60. Rock Mountain Road from SR125 to Otay Valley Road. 61. Willow Street from Bonita Road to Sweetwater Road (including bridge over Sweetwater River). 62. East H Street from Buena Vista Way to Otay Lakes Road. 7 /~é~ ? 63. Intersection Signalization area wide within the Eastern Territories. 64. Development Impact Fee program support. * Project is now included in the interim pre-SR125 transportation facility fee. ** Project has been completed. SECTION 7: That Section 4(c) of Ordinance 2251 as amended by Ordinance No. 2289 shall be amended to read as follows: 6. Upon approval of the estimated cost by the Director of Public Works, the developer shall be entitled to immediate credit for 50 percent of the estimated cost of the construction attributable to the Transportation Facility Project. Once the developer has received valid bids for the project which have been approved by the Director of Public Works, the amount of the immediate credit shall be increased to 75 percent of the bid amount. The immediate credits shall be applied to the developers' obligation to pay fees for building permits issued after the establishment of the credit. The developer shall specify these building permits to which the credit is to be applied at the time the developer submits the building permit applications. 7. If the developer uses all of the immediate credit before final completion of the Transportation Facility Project, then the developer may defer payment of Development Impact Fees for other building permits by providing to the City liquid security such as cash or an irrevocable letter of credit, but not bonds or set-aside letters. in an amount equal to the remaining amount of the estimated cost of the Transportation Facility Project. 10. The developer will receive the credit against required Development Impact Fees incrementally at the time building permits are issued for the developer's project. If the total construction cost amounts to more than the total Development Impact Fees which will be required for the developer's project, then the amount in excess of Development Impact Fees will be paid in cash when funds are available as determined by the City Manager; a reimbursement agreement will be executed; or the developer may waive reimbursement and use the excess as credit against future Developer Impact Fee obligations. The City may, in its discretion, enter into an agreement with the developer to convert excess credit into EDU and/or gross acre credits for use against future Development Impact Fee obligations at the fee rate in effect on the date of the agreement. 11. The requirements of this Section 4(c) may, in the City's discretion, be modified through an agreement entered into with the developer. SECTION 8: That Ordinance 2251 as amended by Section 5 of Ordinance No. 2604 is amended to read as follows: 8 /~L -y A. Any developer who, because of the nature or type of uses proposed for a development project, contends that application of the fee imposed by this ordinance is unconstitutional, or unrelated to mitigation of the traffic needs or burdens of the development, may apply to the City Council for a waiver, reduction, or deferral of the fee. A development which is designed and intended as a temporary use (10 years or less) and which is conducted in facilities which are, by their nature, short term interim facilities such as a portable or modular building (including mobile homes, trailers, etc.) may qualify for a waiver, reduction, or deferral. In addition, a deferral may be granted on the basis of demonstrated economic hardship on the condition that (1) the use offers a significant public benefit; (2) the amount deferred bears interest at a fair market rate so as to constitute an approximate value equivalent to a cash payment; and (3) the amount deferred is adequately secured by agreement with the applicant. Unless the requirement for timely filing is waived by the City, the application shall be made in writing and filed with the City Clerk not later than ten (10) days after notice of the public hearing on the development permit application or the project is given, or if no development permit is required, at the time of the filing of the building permit application. The application shall state in detail the factual basis for the claim of waiver or reduction. B. Any developer who proposes a golf course and contends that the application of the Development Impact Fee is unrelated to the mitigation of the traffic needs of the golf course may apply to the City Council for a reduction of the fee based on the nature of the proposed golf course. An interim reduction may be granted in the City's discretion pursuant to a written agreement with the developer and upon developer's submission of a preliminary traffic study which adequately supports the contention that the fee imposed by this ordinance is not related to the traffic to be generated by the golf course. The City's final decision on the fee to be imposed on the golf course will be based on a traffic study to be paid for by developer and prepared and submitted for approval by the City's Director of Public Works within the fourth year of operation of the fully developed golf course. Should developer fail to submit such traffic study and obtain the City's approval thereof during the fourth year of golf course operation, the entire fee imposed by this ordinance shall be immediately due and payable. If a fee reduction is permitted the City Council may allow developer to pay the Development Impact Fee over a ten year period. C. The City Council shall consider the application at a public hearing on same, notice of which need not be published other than by description on the agenda of the meeting at which the public hearing is held. Said public hearing should be held within sixty (60) days after its filing. The decision of the City Council shall be final. If a deferral, reduction or waiver is granted, it should be granted pursuant to an agreement with the applicant, and the property owner, if different from the applicant, providing that any change in use within the project shall subject the development to payment of the full fee. The procedure provided by this Section is additional to any other procedure authorized by law for protesting or challenging the fee imposed by this ordinance. 9 lYe - / SECTION 9: That Ordinance 2251 as amended by Section 5 of Ordinance No. 2580 is amended to read as follows: The "DIF Program Support" shall with no exceptions be paid in cash concurrently with the development impact fee at a rate equal to 3% of the total applicable fee. SECTION 1 0: All remaining provisions of the Ordinance amended herein shall remain in full force and effect until and unless specifically repealed. SECTION 11. Expiration of this ordinance This ordinance shall be of no further force and effect 30 days after its adoption. SECTION 12: Time limit for protest and iudicial action Any judicial action or proceeding to attack, review, set aside void or annul this ordinance shall be brought within the time period as established by law. In accordance with Government Code Section 66020(d)(1), the ninety day approval period in which parties may protest begins upon the effective date of this ordinance. SECTION 13: Effective Date. This Ordinance shall become effective immediately upon four-fifths vote. Presented by: Approved as to form by:: ~~~ John P. Lippitt John M. Kaheny Director of Public Works City Attorney H :\SHARED\EN GIN EE R\ TOI FORO4. CLS 10 /8C-/V CITY COUNCIL AGENDA STATEMENT Item No.: If . Meeting Date: 11/16/99 ITEM TITLED: PUBLIC HEARING: Consideration of the following applications filed by The EastLake Company for 108 acres on the north side of Otay Lakes Road between Lane Avenue and Hunte Parkway within the EastLake Planned Community: a. PCM-OO-O2; Amendments to the text, maps, and statistics of the EastLake IT General Development Plan (GDP), EastLake I Sectional Planning Area (SP A) plan and associated regulatory documents to incorporate 108 acres of Research and Limited Manufacturing into the EastLake IT GDP and EastLake I SPA. b. PCS-OO-O2; Tentative Subdivision Map known as EastLake Business Center IT, Chula Vista Tract 00-02 to subdivide 108 gross acres into 16 industrial lots, ten open space lots, and associated industrial streets. ß - Resolution of the City of Chula Vista City Council adopting Mitigated Negative Declaration (IS-00-03), certain Findings of Fact and Mitigation Monitoring and Reporting Program; approving amendments to the Eastlake IT General Development Plan, Eastlake I Sectional Planning Area (SPA) plan, EastLake I Public Facilities Financing Plan, EastLak~ I Air Quality Improvement Plan, and Eastlake I Water Conservation Plan; also approving new EastLake I Business Center IT Design Guidelines and Tentative Subdivision Map for 108 acres north of Otay Lakes Road between Hunt Parkway and Lane Avenue. 11. Ordinance of the City Council of the City of Chula Vista approving amendments to the EastLake IT Planned Community District Regulations to incorporate 108 acres of Research and Limited Manufacturing as BC-l ~ Business Center Manufacturing Park District, 'into the Land Use Districts Map; amend Section N.2a, Property Development Standards, to allow an increase in building height for certain lots with approval by the Design Review Committee, and establish special building setbacks and buffer requirements for certain lots abutting residential land use districts SUBMITTED BY: Director of Planning and B uildIDg # ¿ (f~ REVIEWED BY: City Manager b' ;:>?-- The applicant, The EastLake Company, has submitted applications to amend the EastLake IT General Development Plan (GDP), EastLake I Sectional Planning Area (SPA), EastLake n Planned Community District Regulations, EastLake I Public Facilities Finance Plan, EastLake I Air Quality Improvement Plan, and EastLake I Water Conservation Plan to incorpomte 108 acres of Research /11 Page 2, Item No.: Meeting Date: 11/16/99 and Limited Manufacturing into the EastLake n GDP and EastLake I SPA. The project site is located on the north side of Otay Lakes Road between Hunte Parkway and Lane Avenue within the EastLake Planned Community (see Locator Map). The applicant is also requesting approval of new design guidelines for the EastLake Business Center n and approval of a tentative subdivision map, known as EastLake Business Center n, Chula Vista Tract 00-02, to subdivide the above mentioned 108 acres into 16 indus1riallots ranging in size from 3 to 9 acres, ten open space lots (landscaped slope banks), and industrial streets (see Figures lA - ID). The Environmental Review Coordinator has conducted an Initial Study (IS-00-03) of possible environmental impacts associated with the project. Based on the attached Initial Study and comments thereon, the Environmental Review Coordinator has concluded that there would be no significant environmental effects and therefore, recommends adoption of the Mitigated Negative Declaration issued on IS-00-03, CEQA Findings of Fact and Mitigation Monitoring and Reporting Program (see tab 2 in SPA Binder). RECOMMEND A TI ON: 1. Based on the Initial Study, adopt the attached Mitigated Negative Declaration, CEQA Findings, and Mitigation Monitoring Program issued for this project. 2. Adopt attached Resolution and Ordinance approving amendments to the EastLake n General Development Plan (GDP); Eastlake 1 SPA plan; Planned Community District Regulations, Business Center II Design Guidelines (pCM-00-02) and Tentative Subdivision Map, Chula Vista Tract 00-02 (pCS-00-O2) in accordance with the findings of fact and subject to the conditions contained therein. BOARDS AND COMMISSIONS RECOMMENDATION On November 3, 1999, the Planning Commission considered the proposed projects and after hearing staff's presentation and public testimony, voted 7-0 to recommend that the City Council approve the proposed amendments to the EastLake n General Development Plan (GDP); Eastlake I Sectional Planning Area (SPA) plan; East1ake n Planned Community District Regulation, Business Center n Design. Guidelines and Tentative Subdivision Map, Chula Vista Tract 00-02 in accordance with the findings of fact and subject to the conditions contained in the attached draft City Council Resolution. The Commission also recommended that conditions be added to the tentative map and SPA to complement the industrial! residential interface enhancement contained in the Business Center Design Guidelines. The recommended conditions areas follows: Tentativemapconilition 71a Insta111andscape and irrigation on all open space lots adjacent to the northerly adjacent residential area immediately after grading. ) C;~ ;L Page 3, Item No~: Meeting Date: 11/16/99 SP A condition 8. Include language in the Business Center n Design Guidelines requiring that loading and unloading (roll-up doors) on lots adjacent to the north property line no be visible from the residential neighborhood immediately adjacent to the north. On August 4,1999, the Resource Conservation Commission considered MitigatedNegative Declaration IS-00-03 for the Business Center n Project. The Commission, after hearing stafPs presentation, voted 4-O-1-1(Bull abstained and Marquez absent) to adopt the Mitigated Negative declaration IS-00-03 with some recommendations. The commission's recommendations and staff's responses are listed in Exhibit C of the Mitigated Negative Declaration (see Tab 2 in binder) BACKGROUND: The subject site is located at the northwest comer of the EastLake ill GDP (adopted in 1990) and is currently designated Research and Limited Manufacturing (see Figure 2, EastLake ill GDP). Under the EastLake ill GDP, the site was intended to be the extension of the existing industrial park to the west, which is mown as the EastLake Business Center I (in the EastLake n GDP, see Figure 3). The Business Center n was not expected to be developed until the later part of the development of EastLake ill. However, the recent increase in demand for industrial lots and the healthy economy has prompted the applicant to bring Phase n of the Business Center forward at this time. With the exception of the Olympic Tmining Center SPA, also adopted in 1990, the EastLake ill GDP has no SPAs to allow the development of the Business Center at this time. Thus, in order to meet present market demand for industrial sites and expedite the time when the indus1rial lots are available for development, the applicant is requesting that the 108 acres designated Research and Limited Manufacturing in the EastLake ill GDP be incorporated into the EastLake n GDP and EastLake I SPA boundaries and regulatory documents. To reflect the acreage transfer and boundary adjustment from EastLake ill to EastLake n GDP, the applicant has filed a separate application to replan the EastLake ill GDP and adopt SPAs for Woods and Vistas residential neighborhoods, The amendments to the EastLake ill GDP resulting from the above mentioned GDP boundary adjustment and associated transfer of 108 acres will be addressed in the EastLake III replanning program. PUBLIC INPUT: The Planning and Building Department received a letter dated October 26, 1999 from Liz Jackson, President of Pacific Bay Homes. In the letter Miss Jackson expressed concerns about the interface of the future Business Center n project with the existing (under construction) residential development to the north. She states that although the residents were provided with clear disclosure of the underlying land use designation and permitted land uses of the land directly south, the /9J Page 4, Item No.: Meeting Date: 11/16/99 proposed grading elevates the industrial pads creating a negative visual impact for the residents of Rolling Hills Ranch (see letter, Attachment 6). More specifically, Miss Jackson's recommendations are summarized as follows: That the Adequate building setback for structures along the Business Center n north property line be 75 ft. to provide appropriate visual separation (proposed development standards require 20-ft. rear building setback). That parcels abutting the Rolling Hills Ranch residential development be limited to one or two story office buildings. That the proposed landscape buffering along the north property line, the architectural treatment prescribed in the Business Center Design Guidelines and the mitigation measures to reduce potential noise impacts be implemented. DISCUSSION: 1. Existing Site Characteristics The project site occupies an area of rolling terrain with elevations ranging from approximately 740 feet above mean sea level (MSL) to approximately 610 feet MSL~near Otay Lakes Road. The site is about 0-20 feet below the northerly adjacent Rolling Hills Residential neighborhood (see Figure lA-l D). To the north is the Rolling Hills Ranch residential development; to the east is the future EastLake ill residential development; to the south, across Otay Lakes Road, is the EastLake Greens residential development; and to the west is the EastLake I Business Park. The following table shows the existing land use and land use designation of the subject site and SUITOunding area: C.V. Muni General Plan Land GDP Land Use District Existing land Code! Zoning Use Designation Designation use Site PC Research & Research & Vacant Limited Mfg. Limited Mfg South PC Low Med Res. Med Den SFD! Dplx (3-6 du's/ac) (6-11 du's/ac) West PC Res. & Lim. Res. & Lim. Light Ind. Mfg. Mfg. East PC Low Moo. Res Low Med Res. Vacant (3-6 du's/ac) (3-6 du's/ac) North PC Low Moo. Res. Low Med Res. SFD homes (3-6 du'sl ac) Rolling Hills Ranch (under constr.) Jtj- Y Page 5, Item No.: Meeting Date: 11/16/99 2. Project Description The EastLake I Business Center"IT project consists of amending the existing EastLake n Genem1 Development Plan, EastLake IT Planned Community District Regulations, EastLake I SPA Plan, Public Facilities Financing Plan, Air Quality Improvement Plan, and Water Conservation Plan. The project also includes new Design Guidelines for the Business Center IT and a tentative subdivision map to subdivide 108 acres of Research and Limited Manufacturing land use. The following paragraphs describe the proposed amendments, new Business Center Design Guidelines, and tentative subdivision map in more detail: General Development Plan (GDP) Amendments Under the City of Chula Vista General Plan and EastLake ill GDP, the project site is currently designated Research and Limited Manufacturing. The site is proposed to be detached from the EastLake ill GDP and incorporated into the EastLake IT General Development Plan and the EastLake I SP A Plan with the same land use designation. Thus, the amendments to the EastLake IT General Development Plan are primarily changes to the statistical tables, text, and General Development plan to reflect the transfer of the project site to this GDP. The statistical changes are summarized in the table below: EastLake n General Development Plan Non-residential Statistical Changes LAND USE ADOPTED PROPOSED CATEGORY ACRES ACRES Retail Comm'¡ 36.9 36.9 Freeway Corom'¡ 50.7 50.7 Open Space 230.6 230.6 Pub/Quasi-Pub ]47.7 147.7 Parks and Recreation 282.2 2822 Major Cir. 217.9 2]7.9 17 --S- Page 6, Item No.: Meeting Date: 11/16199 Amendments to the EastLake ill GDP to reflect the transfer of acreage and boundary adjustment will be incorporated in the EastLake ill replanning program, currently being processed. EastLake I Sectional Planning Area (SP A) Plan Amendments The proposed amendments reflect the incorporation of 108 acres of Research and Limited Manufacturing (Business Center II expansion) into the EastLake I SPA and designating this acreage as EP-l, Employment Park. The proposed amendments are reflected in separate supplemental documents (i.e., EastLake Business Center Supplemental SPA) (see attached SPA binder). Planned Community District Regulations Amen~ The amendments to the EastLake n Planned Community District Regulations consist of incorporating 108 acres of Research and Limited Manufacturing as BC-1 (Business Center Manufacturing Park District) into the Land Use Districts map. Also amending Section N.2A, Property Development Standards, Business Center Districts, to allow increase in building height for certain lots in the Project Site and increase the rear building setback from 10 to 20 feet for lots adjacent to the northerly adjacent residential neighborhood (see SPA binder, Tab 5). New EastLake Business Center n Design Guidelines The New EastLake I Business Center n Design Guidelines are intended to guide the design of site plans, buildings and landscape, including lighting, signage, etc. The guidelines also include individual parcel design and development criteria as well as specific architectural and landscape treatment for sensitive areas (see SPA binder, Tab 6). Tentative Subdivision Map The tentative map consists of subdividing 108 gross acres into 16 industrial lots, ranging in size from 3 - 9 acres, 10 open space lots (landscaped slope banks), and industrial streets. Access to the project site is via the extension of Fenton Street into the site and a new signalized intersection at Otay Lakes Road (see Figures lA - 1D and Attachment 5, blueprints). ANALYSIS General Development Plan! SPA Plan and Design The project site has been planned for industrial use for over 10 years and is a logical site for the business center expansion. As SR-125 gets <?loser to start of construction, staff expects JC;,-ý Page 7, Item No.: Meeting Date: 11/16/99 an increase in interest by large industrial firms. Thus, the expansion of the EastLake Business Center ìndustrial park is a high priority because of its potential to attract job-generating busìnesses to the City of Chula Vista. Circulation Primary access to the project will be provided from a signalized intersection at Otay Lakes Road (which is a six lane prime arterial road with landscaped median) and Fenton Street. Secondary access is provided through the extension of Fenton Street easterly from the existing EastLake I Business Center. Lane Avenue is the main connection from the Business Center I to Otay Lakes Road. Currently Otay Lakes Road is fully improved along the southern edge of the project site. The internal circulation system consists of two industrial cul-de-sacs off of Fenton Street (see EastLake Business Center Supplemental SPA plan, Section ll.2.3). Overall the circulation plan is consistent with the EastLake ill GDP. Installation timing and financing mechanisms for all street improvements are established in the Public Facilities Finance Plan (see SPA Binder, Tab 7). Land Use The land use designation (Research and Limited Manufacturing) is consistent with the existing EastLake ill General Development Plan and City of Chula Vista General Plan. There will be landscaped slope banks and additional building setback along the northerly and easterly boundaries of the project site to buffer the industrial uses from the Rolling Hills Ranch residential development to the north and future EastLake ill to the east. Landscape Master Plan The landscape concept for the project site consists of four key elements; 1) Arterial Road - Scenic Corridor, 2) Distriet Entry, 3) Thematic Corridor, and 4) Residential Landscape Buffer. Otay Lakes Road is designated as a scenic highway by the General Plan. The landscaping along the south side of the road was installed with the development ofEastLake Greens. The landscaping on the north side of the road will mirror the existing landscaping in the Greens to provide a consistent scenic highway experience through the EastLake community (see Design Guidelines, Section 11.4.4.2). The District Entry will consist of an entry identification and enhanced landscaping at the entry to the project site off of Otay Lakes Road. The appearance will be similar to the entry landscaping at Otay Lakes Road and Lane Avenue. The Thematic Conidor consists of extending the Poplar tree which is planted along the north side of Fenton Street into and through the Business Center IT site over to Otay Lakes Road.. This thematic tree is used throughout all neighborhoods in EastLake to mark special )7-1 Page 8, Item No.: Meeting Date: 11/16/99 pedestrian corridors linking living and working areas to recreation facilities and parks. The Residential Landscape Buffer is a special effort to create a substantial landscaped open space between the industrial uses and residential uses to the north in Rolling Hills Ranch and to the east in the future residential neighborhood of EastLake Woods. In both locations, a dense landscape buffer will be provided along the upper portions of the slopes within the project site to soften the visual experience for future residents living next to the project site. A Master Landscape Plan will be prepared for the residential interface. This plan will be a coordinated effort between EastLake and Pacific Bay Homes, the Rolling Hills Master Developer and Builder. The intent of the plan is to coordinate the landscaping between the two projects. and rninimi7.e visual impacts from the industrial park to the neighboring residential area (see Design Guidelines, Section ITA.8.8 and llA.6) Public Facilities Transportation The proposed project was analyzed by using the 1994 Highway Capacity Manual methodology to determine levels of service with the project fully built out. The assumptions underlying the 1ra:ffic model consisted of: 1) assuming the 108 acre industrial park was built and occupied in the year 2000; 2) that neither SR-125 nor Olympic Parkway are built east of Brandywine Avenue; 3) that the current improvements to the freeway interchange at 1-805 and Telegraph Canyon Road are completed by the year 2000; 4) that Level of Service C or better at intersections is provided, except that Level of Service D is acceptable during peak periods for a total of two hours; and 5) that the entire project (108 acres) is calculated to generate about 8,870 average daily trips. Based on these assumptions, the traffic analysis concludes that Telegraph Canyon Road can accommodate the project traffic, primarily because the project will add the majority of its generated traffic in the counter flow direction on Telegraph Canyon Road. The traffic analysis also concludes that all intersections analyzed will. operate at acceptable levels of service in the year 2000 with the project build out (108 acres) except at Telegraph Canyon Road and I-80S northbound ramps during the morning peak hour period. This intersection was further evaluated to provide the worst case scenario, which is assuming no new street network is provided in the Eastern Territories (Olympic Parkway and SR-125). The evaluation showed that a maximum of 42 gross acres could be developed before significant impact (two second increase in delay) is reached at this location. However, with the additional street network the industrial project could continue development as follows: . Development (issuance of building permits) beyond a combined total of 42 gross acres may occur once Olympic Parkway from Brandywine to Paseo Ranchero is completed. . Development (issuance of building permits) beyond a combined total of 59 (build out) gross acres may occur once Olympic Parkway:&om I-80S to Hunte Parkway is completed /7-r Page 9, Item No.: Meeting Date: 11/16/99 or SR-125 constructed. The tentative map has been conditioned to limit the development of the Business Center n as prescribed by the traffic analysis Water The Business Center II site is located within the boundaries of the Otay Water District which is responsible for providing water service to the project. A Subarea Water Master Plan has been prepared and the phasing and financing requirements to provide water are detailed in the Public Facilities Financing Plan. The on-site water facilities consist of 12" water lines connected to the existing 980 pressure zone (location of water storage facilities in relationship with the Mean Sea Level to provide gravity pressure flow). Reclaimed water is available and will be utilized where feasible (see Business Center II Supplemental SPA Section II.2.7.3 and II.2.7.4). Sewer The project will provide gravity sewer to the existing 12" line located in Lane Avenue and the 15" line located in Otay Lakes Road, except for the easterly four lots which flow into the Salt Creek Basin. On-site sewer lines will provide connections to the sewer facilities (see Business Center II Supplemental Sectional Planning Area Plan, Section n.2. 7 .5). Police and Fire Services Both police and :fire services will be provided by the City of Chula Vista. Police services are provided from the downtown police facility at City Hall. A temporary fire station is located within the EastLake I Business Center immediately adjacent to the site. Impacts to this Police and Fire service facilities will be mitigated by payment ofDIF fees (see SPA Binder, Tab 7). Design Guidelines Design guidelines have been prepared for the project and will govern the site planning~ landscaping, fencing, lighting, entries, off-street parking, utilities, signage, architecture, and individual lot development considerations. The Design Review Committee as well as the Architectural Review Committee of the EastLake Business Center Owners Association will be responsible for the implementation of the design guidelines (see SPA Binder, Tab 6). The Design Guidelines contain special landscape buffer requirements for the northern edge of the Business Center to soften the interface of future industrial development with the residential neighborhood to the north. More specifically, the Business Center II design provides a horizontal separation from 280 ft. (in most instances) to 30 ft. for lots at the eastern end. When minimum rear building setback is used, the residential/ industrial structure separation ranges from 100 to 250 ft. The Business Center II also features a grade separation rangine; from 0 to 40 ft. above the residential lots to the north (see tentative map blueprints, Attachment 5). The northern edge of the Business Center II also features densely landscaped open space lots /1 ~ fJ Page 10, Item No.: Meeting Date: 11/16/99 (slope banks) and a continuous thematic wall that when added to the horizontal and vertical separation produce an effective and pleasant visual screen to separate the residential area from the industrial uses. In addition to landscape treatment, the proposed design guidelines and PC District Regulations require a decorative type zoning walls along these edges and additional architectural enhancements for building elevations facing the above mentioned residential neighborhood. Thus, in sta:fl1]s opinion, these design guidelines and development regulations will contribute significantly to reduce the visual impacts that may be created by future industrial project. Rolling Hills! Business Center n Interlace - Response to Public Input The Rolling Hills Ranch planned community, formerly known as Salt Creek Ranch, was approved in 1992 (two years after the EastLake Business Center II land use designation was established). Based on the existing industrial land uses along the southern edge, and approved expansion of the existing Business Center I to the east, the Salt Creek Ranch GDP and SP A provide a buffer zone along this edge (open space lots) to mitigate potential noise and visual impacts as identified in the environmental impact report and mitigation monitoring program of the Rolling Hills Ranch project (see Salt Creek Ranch development Concept, section 2.2.3 and Salt Creek Design Guidelines Section 3.9.2, Attachment 7). The Salt Creek Ranch buffer zone provides for a horizontal separation ranging from 30 to 60 ft. in the multifamily areas and 60 to 170 in single family areas. The vertical separation ranges from 5 to 39 ft. The buffer zone also includes requirements for extensive landscaping along this edge as an effective screen to visually separate the residential area from the industrial uses. Lastly, a noise analysis taking into consideration the approved Business Center expansion to south was required for the residential development along this sensitive edge. Although the original intent was to incorporate the Business Center n into the EastLake I SPA plan and utilize the adopted property development standards (pC District regulations), the EastLake Business Center n property development standards and design guidelines have been modified substantially to address the adopted Salt Creek Ranch SPA plan and Residential Design Guidelines, as well as the input received from the Rolling Hills Ranch representatives. Thus, the Business Center n project will be developed utilizing the adopted Property Development Standards and Design Guidelines in addition to specific standards and design guidelines adopted for this phase of the industrial complex. The following table provides a comparison of the adopted Business Center I property development standards/ design guidelines and the specific standards! design guidelines proposed for this project (shaded area indicates deviation from established standards! guidelines): /9-/0 Page 11, Item No.: Meeting Date: 11/16/99 EASTLAKE BUSINESS CENTER I AND n DEVELOPMENT STANDARDSI DESIGN GUIDELINES COMPARISON Adopted Business Proposed Center I Business Center n Standards! Design Standards! Design Guidelines Guidelines Rear building setback 10 ft. Front setback 20 ft. 20ft. Side yard setback 10 ft. 10 ft. Public street setback 20 ft. 20 ft. Building height 35 ft. Buffer provided along sensitive residential edge (open space lots) not provided Special landscape requirements along sensitive residential edge not provided Decorative perimeter wall Perimeter fencing along sensitive edges is not addressed. However, all fences are required to be an integral part of the individual building design. Design Review Approval Required for all projects Special architectural treatment for rear not provided elevations Based on the supplemental property development standards, proposed site plan, architectural design guidelines and the Edge treatment along the northern edge of the project, staff is confident that the potential visual impact will be properly mitigated. )7"/ / / Page 12, Item No.: Meeting Date: 11/16/99 Planned Community District Regulations The zoning regulations that will be applied to the project are the adopted EastLake n Planned Community DiStrict Regulations (see SPA Binder, Tab 5). These zoning regulations have been changed to include specific development parameters for the Business center IT. The proposed changes include: 1) expanded rear yard setback along the northern and easterly boundaries of the project, (where residential land uses are adjacent to the industrial park); 2) provisions to exceed the permitted 35 ft. maximum building height (for lots not adjacent to residential areas) with Design Review Committee approval; and 3) requiring compliance with individual lot development criteria contained in the Business Center Design Guidelines. Public Facilities Finance Plan The Public Facilities Finance Plan (pFFP) will ensure that the phased development of the project is consistent with the overall goals and policies of the City's General Plan, Growth Management Program, and the EastLake n General Development Plan and will not adversely impact the City's Quality of Life Standards. The original EastLake I PFFP was adopted by the City Council on February 19, 1985 and amended on June 30, 1992 (Kaiser Amendment). The proposed EastLake I Business Center IT PFFP identifies additional public facilities needed for the Business Center IT project. These facilities consist primarily of on-site and off-site traffic related facilities, such as street improvements, traffic signals, etc. The PFFP also provides public facilities cost estimates, financing mechanisms, and facility installation timing. The PFFP also includes recommended mitigation measures when specific threshold standards are reached or exceeded to continue compliance with the Growth Management Program and Quality of Life Threshold Standards. The recommended mitigation measures contained in the PFFP have been incorporated in the Draft City Council Resolution as tentative map conditions of approval. Tentative Subdivision Map The proposed subdivision creates 16 additional industrial lots in the EastLake Business Center. The proposed industrial subdivision features standard public streets and cul-de-sacs with pedestrian walks on both sides and ample maneuvering area for emergency vehicles. Lot sizes, which range :&om 3 to 9 acres, exceed the minimum standards established in the adopted property development standards for the project (one-acre minimum). If the GDP and SPA amendments (pCM-OO-O2) to incorporate the Business Center into the' EastLake I SPA are approved by Council, and the Ordinance amending the Planned Community Regulations is adopted, the tentative subdivision map, as conditioned, will be in substantial compliance with all applicable regulations and City policies. All City requirements including the mitigation measures called out in the Mitigated Negative Declaration for the project have been included as conditions of approval, including a condition maldng the approval of the tentative map contingent ~n approval of the SPA amendments and ;' ~/~ Page 13, Item No.: Meeting Date: 11/16/99 the PC District Regulations taking effect. Project Consistency with Growth Management Ordinance Specific findings have been included in the draft City Council Resolution regarding the project consistency with the Quality of Life Threshold Standards and other provisions of the Growth Management Ordinance. The Business Center n can be developed only when adequate transportation capacity to support the project within acceptable levels of service is available. Thus, the project has been conditioned to limit development as recommended in by the Traffic Analysis prepared by Linscott, Law & Greenspan (see the Transportation above). Project Consistency with General Plan The project is consistent with the General Plan, especially with respect to the Research and Limited Manufacturing land use designations and the improvement to Otay Lakes Road, which is a scenic highway and a key element of the Circulation Element. All required public facilities will be provided concurrent with need as specified by the Public Facilities Financing Plan. The Air Quality Improvement Plan and Water Conservation Plan have been prepared in accordance with City standards. Findings of consistency with the General Plan are included in the draft resolution. CONCLUSION: F or the reasons stated above, as well as the recommendations of special districts and other City departments, staffhas concluded that the proposed project is consistent with the goals and objectives of the City of Chula Vista General Plan and is consistent with the adopted plans, policies, and ordinances of the City. It is recommended that the City Council approve the project based on the findings and subject to the conditions contained in the attached Draft City Council Resolution and Ordinance. FISCAL IMP ACT: A fiscal impact analysis prepared by CIC Research, Inc. for the Business Center n project, concludes that based on the estimated .annual revenues, ranging from $81, 300 in the first year of development and 317,000 at build-out, the project is positive $36,552.00 in the :first year and will remains positive through the project build-out ($139,762.00) (see Section 5.3.11 in the Business Center Supplemental Public Facilities Finance Plan, Tab 7). Attachments: 1. Planning Commission and Resource Conservation Commission resolution and minutes 2. Locator Map 3. Figures 4. Correspondence 5. Salt Creek Ranch Development Concepti Design Guidelines 6. Disclosure Statement J/~O ~/J /1TT/lCH ME /UT RESO L UTI 0 N NO PCM-OO-O2/PCS-OO-O2 RESOLUTION OF THE CITY OF CHULA VISTA PLANNING COMMISSION RECOMMENDING THAT THE CITY COUNCIL APPROVE AMENDMENTS TO THE TEXT, MAPS AND STATISTICS OF THE EASTLAKE n GENERAL DEVELOPMENT PLAN, EASTLAKE I SECTIONAL PLANNING AREA (SPA) PLAN, EASTLAKE II PLANNED COMMUNITY DISTRICT REGULA TrONS, EASTLAKE I PUBLIC FACILITIES FINANCE PLAN, EASTLAKE I AIR QUALITY IMPROVEMENT PLAN AND EASTLAKE I WATER CONSERVATION PLAN TO INCORPORATE 108 ACRES OF RESEARCH AND LIMITED MANUFACTURING INTO THE EASTLAKE II GDP AND EASTLAKE I SPA PLAN (PCM.-00-02); AND ALSO APPROVE NEW EASTLAKE I BUSINESS CENTER II DESIGN GUIDELINES AND TENTATIVE SUBDIVISION MAP, CHULA VISTA TRACT 00-02 TO SUBDIVIDE 108 ACRES LOCATED ON THE NORTH SIDE OF OT A Y LAKES ROAD BETWEEN HUNTE P ARKW A Y AND LANE AVENUE (PCS-00-02). THE EASTLAKE COMPANY. WHEREAS, duly verified applications were filed with the City of Chula Vista Planning Department on June 29, 1999 by The EastLake Company ("Developer") requesting the following approvals: 1) amendments to the EastLake II General Development Plan (GDP); EastLake I Sectional Planning Area (SPA) plan, including the EastLake II Planned Community District Regulations, EastLake I Public Facilities Finance Plan, EastLake I Air Quality Improvement Plan, and EastLake I Water Conservation Plan; 2) approval of Business Center II Design Guidelines and Tentative Subdivision Map, Chula Vista Tract 00-02 ("Project"); and, WHEREAS, the area of land which is the subject of this Resolution is commonly known as EastLake I Business Center II, and for the purpose of general description herein consists of 108 acres north of Otay Lakes Road between Hunte Parkway and Lane A venue within the EastLake Planned Community; and, WHEREAS, the proposed amendments to the EastLake II General Development Plan (GDP), EastLake I Sectional Planning Area (SPA) plan and associated regulatory documents consists of modifying the existing GDP boundaries, text and statistics to reflect the annexation of 108 acres designated Research and Limited Manufacturing to the EastLake II GDP and EastLake I SPA plan; and, WHEREAS, the proposed tentative subdivision map consists of subdividing 108 gross acres of Research and Limited Manufacturing into 16 industrial lots ranging in size from 3 to 9 acres, 10 open space lots and industrial streets; and, WHEREAS, the Planning Commission finds that the Mitigated Negative Declaration IS-OO- 03 has been prepared in accordance with the requirements of the California Environmental Quality Act, and the Environmental Review Procedures of the City of Chula Vista; and, WHEREAS, The Planning Commission finds that the Project impacts with respect to potential environmental impacts will be mitigated by adoption of the mitigation measures for / aesthetics, air quality, paleontological resources, geology and soils, hydrology/water quality, noise, transportation, and utilities and service systems described in the Mitigated Negative Declaration and contained in the Mitigation Monitoring Program for the Project, which are hereby incorporated; and, WHEREAS, the Planning Commission having received certain evidence on November 3, 1999 as set forth in the record of it's proceedings herein by reference as is set forth in full, made certain findings as set forth in their recommending Resolution No. PCM-00-02, PCS-00-02 herein and recommended to the City Council the approval of applications based on certain terms and conditions; and, WHEREAS, the Planning Director set the time and place for a hearing on said Project and notice of said hearing, together with its purpose, was given by its publication in a newspaper of general circulation in the City, mailing to property owners within 500 ft. of the exterior boundaries of the property and its posting at the subject sites at least 10 days prior to the hearing; and, WHEREAS, the hearing was held at the time and place advertised, namely November 3, 1999 at 6:00 p.m. in the Council Chambers, 276 Fourth Avenue, before the Planning Commission and said hearing was thereafter closed. NOW, THEREFORE, BE IT RESOLVED THAT THE PLANNING COMMISSION DOES hereby recommend that the City Council adopt the attached Draft City Council Resolution approving the Project in accordance with the findings and subject to the conditions contained therein, and with the following additional conditions: Tentative Map condition: Add condition 71 a Install landscape and irrigation system on all open space lots adjacent to the northerly adjacent residential area immediately after grading. SPA condition: Add condition 8 Include language in the Business Center II Design Guidelines requiring that loading and unloading (roll-up doors) on lots adjacent to the north property line no be visible from the residential neighborhood immediately adjacent to the north. BE IT FURTHER RESOLVED that a copy of this resolution be transmitted to the City Council. ~ BE IT FURTHER RESOLVED THAT THEPLANNING COMMISSION voted (7-0) to recommend approval of the Project. AYES: Willett, O'Neil, Castaneda, Thomas, Ray, Castro, Hall NOES: none ABSENT: none ABSTAINED: none John Willett Chairperson Diana Vargas, Secretary H: IH 0 MEIPLANNIN GIL Ul S IPCM -000 2 .PCR 3 RESOURCE CONSERVATION COMMISSION MINUTES OF SPECIAL MEETING OCTOBER 11,1999 Public Services Building Conference Room 1 MINUTES RCC MEMBERS PRESENT: Chair Cindy Burrascano Ms. Teresa Thomas Mr. Charles Bull Mr. Robert Fisher Mr. Juan Diaz MEMBERS ABSENT: Mr. Viviane Marquez, Excused GUEST: Guy Asaro, EastLake STAFF PRESENT: Luis Hernandez, Senior Planner Brian Hunter, Community Development Frank Rivera, Engineering Ms. Linda Bond, Recording Secretary Meeting called to order at 6:32 p.m. 1. CONFIRMATION OF PREVIOUS RECOMMENDATION FOR ADOPTION OF NEGATIVE DECLARATION IS-00-03; EASTLAKE BUSINESS CENTER II ANNEXA TI 0 N After discussion with staff a motion was made to confinn the recommendation for adoption of the Negative Declaration IS-00-03 for the EastLake Business Center II Annexation with the following recommendations/stipulations: a. That a plan for monitoring of the affluent water-flow from the business sector during construction and at a regular basis (every year or so) post-construction be required. b. That a waste management plan, that includes source reduction of solid waste, be required. c. That some creative traffic incentives, such as the Travel Demand Management program, be required. d. That all exposed planter boxes that bear dirt be planted with California Native Plant Society approved non-evasive species be required. e. That a light reduction program at night-time be required. RCC Minutes October 11, 1999 Page 2 f. That the traffic studies be redone while school is in session with a ten-day study period as opposed to a two-day study and then re-run the model to ascertain the developable acreage for the project based on the new traffic model. VOTE: MSC (FisherlDiaz), approved 4-0-1-1 (Bull abstain and Marquez absent) Meeting adjourned at 7:34 p.m. Respectfully submitted, Linda Bond Recording Secretary r', ¿ 1 / NT2 I ! ------ - .--.-- ... CHULA VISTA PLANNING AND BUILDING DEPARTMENT Lë) Ä~~~I~C¡1T: THE EASTLAKE COMPAN, ,LLC PROJECT DESCRIPTION: TENTATIVE SUBDIVISION MAP PROJECT Eastlake Bussiness Center II - LOCATION: North of Otay lakes Road, west of Request: Tentative Tract No. 00-02 - Eastlake Business Hunte Parkwav. east of lane Ave. Center II. 16 Industrial Lots. SCALE: FILE NUMBER: NORTH No Scale PCS - 00-02 h:\home\planning\hector\locators\pcsOO02 .cdr 10/4/99 0 <' I ¡¡dB !¡!T""I!;-:tJ ó -, ~ ¡, .~. ê.~ . ~ ~ ~ . zäd , c' Z =.§. . ~è~ ~ ~ 0, '.(" "~~ 0 ~ d ! 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I ::: 5 - ; '" ~ '" __-ce""CC"'CC>--- { V oj 13 '" I' \\o"cc"",-_cccccco---.-, ~ /~ ' ~ [;J: :-_:2¿C~"""-- c:s ~ W...: -- .' k, ~ '\ ;/; 1-- -- ~ /:// I~-~---- --- I I I f-< ~ ~ '" '" f-< 0 '" ~~ '8 '" "'"~ ZZ -~ : ¡ , I It) PROPOSED Adopted BUSINESS CENTER II EASTLAKE III GDP BOUNDARY General EASTLAKEI Development BUSINESS C,ENTER I \ Plan r<\ ~ ~ -J ~ ~ PROPOSED EASTLAKE III GDP BOUNDARY ~ I t - RESIENT1AL. MAX. PRO.ECTED LAtÐ USE ACRES rJJ//IC LNTS W/ /IC @jU>N 338.0 0-3 748 2.2 LM U>N-" 58.8 3-8 256 4.5 ~- 30.8 8-11 280 8.5 ~-""" 32.5 11-18 508 15.8 Sub-Total 485.7 1787 du - - NON-RESIDENT1AL ìIIìiII'Iit LAtÐ USE ACRES FACIUTIES l¡jŒ1,;'.';:,;;1 Spedal PIon Alea' 25.0 (ES) EIomentory School c: ~- 7.0 (JHS) Jr.HØ1- ~ ~-=.~: 3.2 (OT) a..- Tr- F- ~ ~=~.ctwi... 102.8 ~ Public & QuasI-PIbk 180.0 Œ::J Pork. & Roaeatlon 70.4 ~ Ogen Space & 01"'" 188.2 aD-T- 574.4 TOTAl. 1030.1 oc 1787 du .-.14.8.".. of VI"'« ..,.....,."....,,"' (O-V' ....-....... (oS). ~ fASTLA KE III FIGURE 2 II / - General Development Plan (Proposed) C ~ 4J ~ EXISTING ::t:: BUSINESS EXISTING GDP/SPA \J CENTER I BOUNDAY ~ ---------- PROPOSED .' - BUSINESS CENTER II NEW GDP/SPA BOUNDARY o~ 1t '1~/ <.t+, ~ I LAItDUSI ~OAD LM - I-~- "'.1 10 !185 LM ....-. (34 -, oau A.I z,., .. -.11""') Z...I I.A 2011 MIl -.itoh(11-"_' 'au IU Z"A "-(t_-....., 10.> zo.' Z!III -- -- I0S2A U "'. ~---~. c -- 38.1 PU Fe F_c.mm, SO,7 PA -.- .., II - & LId.....-.no -8 08 ow-- -I PC! -- 147.7 P -.- au ....... en.-. m.o ... .u .-........ 7.7 --- 12:17.0 -,""" Z2II.A 3.1 7I1a .---.-..........--..- ----.,--..,-..--- ..4 fASTLAKE II A planned community by The eaatlake Comlllny FIGURE 3 IZ h:\home\planning\hector\LUIS\EL2GDP.cdr 10/19/99 ~ -- -- --.... ,,~¿. ¿~......." "'.JII~..;:J":>.VD~::> D:>D q.;)lQb IU b915171 P.02/03 p~~ay A TíACHMEIVT f HOMES 26 October 1999 Planning Commission City of Chula Vista c/o J. Luis Hernandez, Project Manager Planning Department Public Services Building 276 Fourth Ave. Chula Vista., CA 91910 Re: PCM-OO-02. PCS-00-02 Eastlake Business Center n Dear Commissioners; Pacific Bay Homes is the developer of the Rolling Hills Ranch (formerly Salt Creek Ranch) project immediately north of the proposed Eastlake Business Center IT Project. We are concerned about the interface of the uses in Business Center II with the existing, under construction, and planned residential uses in Rolling Hills Ranch immediately to the north. While current and future residents were provided with information regarding allowable uses in the Eastlake Business Center in conjunction with their sales disclosure documents, until recently the proposed grading plan and map forthe project were unavailable. The proposed grading plan elevates the large industrial pads in a matter which we believe exacerbates the negative impacts of the potential commercial uses. We have worked in a cooperative manner with the Eastlake Company to develop measures within their Supplemental-SPA and Planned Community District Regulations to mitigate these impacts, and have appreciated their cooperative efforts toward addressing our concerns. We still have reservations, however, that certain specific mitigation techniques that we have requested have not been addressed in the most effective manner. Specifically we are concerned that: 1. Adequate setbacks from the northern property line be províded to provide appropriate view separation from adjacent residential lots. This concern spans the edge condition. and is of particular concern on lots 3 and 12 where the 2300 Boswell Road, Suite 209, Chula Vi:;ta, CA 9.1914 13- -- (619) 656-4300 . Fax (619) 656-4306 . -, , - .. .._,-~.~............-' UJU ~~'-' "-' 0;:>.1.;:>.1.(.1. t-'.I:::I.:Vt::l3 Mr. Luis Hernandez. October 26, 1999 Page 2 buildings are at grade with the trail and greenbelt system that we ha'\1e constrUcted in conjunction with Rolling Hills Ranch. We suggest that an appropriate setback be 7S'. similar to the existing Immigration and Naturalization Service Building at the northeast comer of Lane Ave. and Boswell Rd. 2. Appropriate building height liIoitations are required and adhered to. We believe the appropriate uses for the lots at the northern boundary [Lots 2~ 3, 12, and 13) where the Business Center dírect1y interfaces with residential is one or two story office buildings such as the North Island Federal credit Union building at 2300 Boswell Rd. or the 900 Lane Ave. building. The new building under construction at the southwest comer of Lane Ave. and BosweH Rd. is an example of the behemoth building in both height and massing that we are seeking to avoid. 3. Language regarding landscape buffering, architectUral articulatio!4 and mitigation of negative noise or other noxious uses is implemented. For example, loading docks should be explicitly excluded at the edge to residential given th~ grade condítions. . We understand the assertion of the Eastlake Company and the Planning Department that these above issues will be addressed during the Design Review process for the mentioned parcels. We are concerned, however. that these standards may not be adequately applied by staff or commission review in the future. This is especially evident in the construction of the neW building at the southwest comer of Lane Ave. and Boswell Rd. which apparentlY was approved in spite of numeroUS contradictions to the design spirit and intent of the existing Eastlake Business Center SPA and PC Regulations. We are requesting the Planning Commission's consideration to add more restrictive language regarding building setbacks and building heights to the documents for Eastlake Business Center II and to strongly encourage Design Review staff to strictly apply the language in place. Thank you for your time and consideration. Regards. ~~ L. J n PACIFIC BAY HOMES cc: Chris Mounts, The Mounts Co. /1 .- ** TOTAL PAGE. 03 ** _/ ~, - ,-' -.-.~ ~ - I -,:,-...- --,"--"', ,~'<- - -=-~':>:;~;-';"""""~":"':~' r~ ~. -"-- '-. - .:.. .' l ", .-'c:.¿~'. "" r..A71:A'('ft(/;{£i;ij-5;,.>.: . -:, , ,~"- rÒ" .-' ':.-- '"-. ::'. ., - I '. '. -- "-~ ,/ -'~-,' ." I " -'.. _.J'~' .,' '. ,. .' ~ < , .. '" ,';- - .' I . .. -' .. - ".. ,:' ~ " " "", ..,' ..' .. '. : .' - '" - -'..' . I '.. .' .,: '.: . . . . - , .' ' , '. I '," "",,, - '. I -, . .' .' .,.., " " '. :--- ' ,'. . , . "'~'. ~ - ~ "'- - -: .... .' "- " / \ -, ~ - - .. - -, , " - > ,-- > - ~ " - .. - - ../- ..: , - ..- - .. , . .. - .. .. ,-':>, , ", , ---, ,- -,'- -, r ," --- -'" : ~ -< -- \--- '- I" .. , " -- . .. .. ' ..' - ~ .. - - - ," ,- ~ .. .' -' . .,,:.-', -- ;¡J. ~ , ~ ~~~: ~- _,~i:~ ,} " 0 .. ~ ---- -r-' ,-" - ~". .-, - - - r- ~', /.3"" --.- -o,..:'~ 0, ,,' '- ',' -~- - -," ~'~ ,: ~--, -- - -, ,-=. - - :"- /' ... 2.0 [\ DEVELOPMENT CONCEPT L 2.] INTRODUCTION po ~ The Development Concept chapter of this Salt Creek Ranch SPA provides a i description of the Salt Creek Ranch Site Plan with the intent to establish the basic I land use pattern, along with residential development programs that further refine those established in the Salt Creek Ranch General Development Plan. This portion of I the SPA Plan is also offered to develop the design and statistical comparison needed to substantiate consistency between this SPA Plan and the approved Salt Creek Ranch I General Development Plan. 2.2 DESIGN INFLUENCES I The project setting provides a unique opportunity to build a residential and I recreational community that transitions from the existing neighborhoods and businesses of Chula Vista to the dramatic terrain of the Eastern Territories. t WÜhin the location and regional context, a number of factors have influenced the I overall design and general development goals of the Salt Creek Ranch SPA Plan. The primary design influences are based on standards contained in the approved Salt Creek Ranch General Development Plan which were determined by analysis of on-site I conditions and characteristics. Such conditions and characteristics include the following: landforms, biological resources, drainage patterns and aesthetics. Land , use relationships and circulation patterns were other factors considered. These I factors are shown on Exhibit No.5, Opportunities Map. I Final Salt Creek SPA rr 213/47.008 I '\ November 12, 1991 1-13 to;.... /10 - -~ t:l.. f" « ~ ¡ ~ -I ~ ~ ~ ~ æ ~ z z~ ~ @ :.:ø E-o _. WW Ww ~~ - ~ ~w u~ - <~ ~u ¡:¡¡~ 2fß z~ z:5?: :¡¡ 00. !II Z E gß (5~ "" ?:g ð~ ~~ W u~ a¡ æ ~~ s ::> o~ ¡¡j« Ol!' I!' ~~ ",,0 ~:d ';Jj~ !:!!~ ~ ~ 0> Ou 0 L. It) ~> >w;::S :S ~~ ""z OU ø", . « « W ;:~?; ... Q u~ ~~ ~5 5 c.~ ~:S u~ @~ ~3: f:!: ~ ~ ~ð ~ f5 2 z-~~~Iw~~, ~~~^.~~ ~ 1.&1 ,", u: : " I . ,. -. ~ / :It J ~.~ * ! .1./ f ¡ t. ~ ,,! 0 I Ih. - - 1 = Q 0 c Z .9 < == ~ .,- 8 ~ II ~ õ.r ,~., 1.1 ~ .. .s-t . ~ ~~ I û5 0 !t I :I: J! i ! - ~ ~~ w ~I. ~ c /7 ¡ ~ ~ --~------4------- The City of Chula Vista's General Plan policies associated with the adjoining undeveloped portions of the Eastern Territories have also influenced the design of the Salt Creek Ranch SPA. In addition, the City of Chula Vista Greenbelt, the regional " open space system and the proposed land uses for surrounding properties were important design influences. These influences are illustrated on Exhibit No.6, ~ Regional Context Map. Other important factors considered in the design of the Salt II Creek Ranch SPA include public facility connections, circulation improvements,and I biological concerns. I 2.2.1 The Influence of Site Characteristics and Visual Context r The Salt Creek Ranch SPA area consists of approximately 1,200 acres of geologically sound terrain with varying degrees of slope and orientation. Western portions are gentle grasslands transitioning to eastern areas of drainage crossing and gentle ( mesa/canyon terrain. Native scrub intermingles with grazed fields throughout the area. It is surrounded by the foothills and dominant ridgelines of the San Miguel and I Jamul mountains to the east and north, and the newly-developing community of Eastlake to the west and south. The site is presently vacant, except for a substantial J amount of acreage devoted to agricultural grazing and minor cultivation. The , ~ existing topography is shown on Exhibit No~ 7. I Dominant existing features on the site include the following: I a) Proctor Valley Road, a two-lane unpaved road, traversing the site in an east-west direction. This is presently the only access route to the more I remote portions of the Eastern Territories. This road is shown on the Aerial Photograph. Exhibit No.2. I b) Salt Creek, the primary on-site drainage course, crossing the central portion of the site in a north-south direction. Well-established groves of eucalyptus and pepper trees grow along the creek near the project's I southern boundary. The creek and groves provide a natural focus for the Salt Creek Ranch Community. , I Final Salt Creek SPA 213/47.008 r November 12, 1991 1-15 I It p.. f" « ~":' ~ ~ -1- ~ § E-o ~ ~ ! < ~ t l< ~~ ~ i g ~ Œ3 1l<~~; < 0 ~g 8 > <it;¡ ~ 0 co ~i5~~~: ~ ~ri~~ ~ ~ ~~ ~ u 2 ZZOC\!)!I .... CCa¡¿ 0 w <~ '" õ"'Z~ :t: ~ ¡¡:e. "'wu E1:>w ~ ....::I ~"'~5ci ~ ~ 0 :t:z22~~ c~~ 8¡; ...,. i <iõCiõ~~ ~~~ ¡¡¡ ~r«..~ ~!j¡:aQ;~ü~ ....... ~ ~~~~~~~~~i~~~~~i~~i~~iii~i~~~~gi § ~rnrnrnD~IG0G0G~G~~f0i~~~~rn~~~oomrnrn~ ~ it":'1 /. ., '!, 1.\ ,,' ~r, . . ." ~:' " . , \;\ 8'_-- ","" ~' '--- ~ f.', -- '. ,,":1.:, \'v " " . ~~, , ' ~Jð, ¡'~. - - th\'. :' -." " f,. ,', . ¡:;;. r- ~ ¡;, , '~":\":'/I / ' Ö ',"¡\ O', ~. ','" ,.' . -, ( -, = ' , ~H;;¡ '/ oz -III' ;,II. .-IC t:-, I ~ == ~ ) - / ",;' ~ I..¡ I. ~ I ¡, " : " ~ ~ j =' . E 0 It /q ~ ~! ~ ~ - - &.. - - - - -~ - .. -- -,- - ~ 0 ~ I! {Q fa ~ ~ II ~ -e 0 -- ~ 0 = I ~ ~ - ø.. E ~ u ~ ~ Œ3 ~ ~ H " E3~[l] 2 ~ 1- . = Q: ~ g~~ QU:::1~ < O~IQ f = ~ ..- Þd ii ~ ~ .r I./;!i ~ I~ =: '&. 0 .II ~ ~i ë;L6 ~ ~ ~ - --- - .. - - - - ... - - - --, - - _A- - r c) Several unnamed drainage courses crossing the eastern portion of the site - in a north-south direction and draining into Upper Otay Lake. These ~ drainage courses produce a very marked geographic area consisting of . broad mesas separated by narrow canyons. ~ ( d) A San Diego Gas and Electric transmission line easement crossing the northern portion of site in an east-west direction. The two-hundred- foot- r wide easement provides an opportunity for trail use. e) A twenty-foot reclaimed water line easement traversing the site west of I Salt Creek in a north-south direction. This easement also provides trail and greenbelt opportunities. I f) Landforms ranging from rounded terrain in the western portions of the I site to steeper, rocky terrain located in the northeastern portions of the site. ~ g) Hillsides and valley areas which naturally divide Salt Creek Ranch into topographically separate development areas. r Dramatic views to the south and west, from various locations on-site. h) I V iew opportunities within the development will be a major amenity to future residents and visitors. I i) Clusters of remaining native vegetation consisting of coastal sage scrub and southern California grassland. Large areas of the site have been dry farmed and used for cattle grazing. j) Narrow areas of alkali meadow are found along Salt Creek and the drainage courses in the eastern portion of the site. Final Salt Creek SPA 213/47.008 November 12,1991 1-18 ..... cJ-¡ . r ~ k) A rocky ridgeline found in the eastern portion of the site affording l spectacular panoramic views in all directions, including the ocean, downtown San Diego and Mexico. [ These existing site conditions were carefully considered in the design of the Salt I Creek Ranch Site Plan, resulting in a site design which efficiently uses the property's developable areas while protecting the natural amenities. These features are shown I on the Opportunities Map, Exhibit 5. The preservation of major open space elements will configure neighborhoods and I recreation amenities into a quality living environment. These open space areas are dominated by the following features: I 0 The Salt Creek Corridor, which is preserved as an open space corridor, I creating a major portion of the Chula Vista Greenbelt in the Eastern Territories and preserving wetland habitat. r 0 The large drainage courses in the eastern portion of the site and the associated sensitive plant communities of coastal sage scrub and native I grassland, which will be preserved and enhanced. I 0 Open space trail corridors with unique view opportunities,created by the utilization of the transmission line and water line easements. I The General Development Plan provides for development along the north-south mesas I trailing down to Proctor Valley Road and on either side of Salt Creek. Developed areas in the eastern portion of the site are located and concentra ted on the higher elevations or plateaus, while the slopes and drainage areas remain primarily natural, I serving as open space recreational uses. The ridgeline area is sensitively planned for development with private road standards proposed to minimize grading and preserve I rock outcroppings and the steepest slope areas. These private road standards are Final Salt Creek SPA I 213/47.008 November 12, 1991 1-19 r ¿¿~ I defined in Chapter 4.0, Circulation. The western portion of the site contains more intense development on the flatter terrain. The intensity gradually decreases progressing eastward. Canyon areas will be retained as natural open space, providing a backdrop for residential development areas. Graded slope areas will be landscaped with naturalized plantings compatible with the natural open space areas, further contributing to the rural/ranch design concept. The internal design of the residential development areas will include a number of views into the natural open space areas. A significant percentage of the proposed residential lots in the eastern portion of the site adjoin open space areas, which will assure the enhancement of visual aesthetics and privacy offered to community residents. 2.2.2 The Influence of ExistiDl~ and ProDosed Surroundine Land Uses Preparation of the Salt Creek Ranch Site Plan has been greatly influenced by the current and proposed land uses of surrounding sites. Current surrounding land uses are depicted on the Regional Context Map. Specifically, the intrinsic design constraints posed by surrounding land uses have yielded land use configurations within the project site that meet the requirements of the Salt Creek Ranch General Development Plan. The GDP calls for a sensitive project design that includes transition zones between areas of differing land uses and density. There are two transition zones. The western edge provides a transition from the multi-family in Salt Creek I to town homes and single-family. The southern edge transitions from business uses found to the south in Eastlake Business Park to town homes and small lot single- family in the Salt Creek Ranch, which then transitions to traditional single-family homes. These densities are transitioned down as one proceeds east across the site to lower and lower densities. Transitions between multi-family and townhomes to Final Salt Creek SPA 213/47.008 November 12, 1991 1-20 d-3 single-family homes are assisted by roadways dividing the neighborhoods and providing separate entrances to minimize adjoining boundaries. The southern edge is further discussed below. 2.2.3 Transition Areas Ii ~ Eastlake Technolo2V Park Transition I One transition zone is the southern border of Salt Creek Ranch, directly adjacent to I the Eastlake Technology Park, an employment land use area. The City of Chula Vista's General Plan designates this area for Medium and Low-Medium residential I densities partially developed in a clustered approach. These land use designations implemented by the Salt Creek SPA, will provide a housing type and density which is I generally compatible with the adjacent land uses and begins a transition zone between the industrial and the lower density areas further north and east. l In addition to transitional land use intensities, a buffer zone has been designed along the southern edge of the property to mitigate potential noise and visual impacts as I called for in the GDP and mitigation monitoring program. This buffer will: I 0 Include a slope along both the single- and multi-family areas which will vary in height (from approximately 5 to 39 feet) and width to provide I vertical and horizontal separation between uses. The width will vary from a minimum of 30 feet in the multi-family and 60 feet in the single- I family areas to a maximum of 170 feet at its widest in the single-family area. (The average width is 50 feet in the multi-family area and 90 feet in the single-family.) I 0 Be extensively landscaped with trees and shrubs to effectively screen and I separate housing from adjacent industrial uses. Final Salt Creek SPA I 213/47.008 November 12, 1991 1-21 ~, ¿¿y I 0 Contain a 10-foot wide meandering recreational trail linking the school/park site on the western edge to the Salt Creek Corridor. 0 Contain open space connections from the single-family and multi-family areas into this trail corridor. Multi-family recreational amenities will be linked to this trail buffer. Access for maintenance will be facilitated from these open space connections. 0 In order to further ensure that noise from the Business Park does not disturb residences, a site specific noise analysis will be prepared at the time of site plan review for Neighborhoods 4a and 5 and at the time of tentative map preparation for Neighborhood 4b. This buffer is iI1ustrated in the following Landscape Buffer Plans/Cross Sections, Exhibit Nos. 8, 9 and 10 and on the Buffer Plans, Exhibit Nos. II, and 12. Salt Creek I Area u Western Ed2e [ The residential neighborhoods planned for the western edge of the Salt Creek Ranch are designed to be compatible with existing and proposed residential areas immediately adjacent to the site's western boundary. These Low-Medium residential areas provide an appropriate transition from the higher density areas along SR-125 to the lower densities envisioned for the areas east of the Salt Creek Corridor. The Medium and Medium-High densities off-site(in Salt Creek I and Rancho San Miguel) transition to the public uses on-site including the fire station, park, school and the Medium density area on-site. Low-Medium densities off-site transition east of San Miguel Road to Low-Medium densities on-site. Final Salt Creek SPA 213/47.008 November 12, 1991 1-22 r c2S- ~~ ! § z~¡;: we'" ~æð ~ ~ o;l~ ~ 0 «-> Z ~~~ t: \ ~~~ J ~ ~~~ ~ ~ ~91i . e:~ I «~« " ø~~ ;¡;,,¡¡ ¡¡¡eo ~;¡;~ ~ '" !5 en ~z.;- "'0: wø'" ~!!! ~9~ wi!i ..,mQ ~w ~;¡'< ¡;¡~ ~~~ ìJ/~ ¡¡¡¡So ~;¡;~ I!! 0 z ~ ~ ~ u. 0 f0- ri) ~ II! ~ « ~ ~ ~ = ; ~ / u I~ ~ z / <z ~'" :"i w :t~ ~ ~ ~~ ~o ~ = " ~¡:: °lã :>: ¡~ en'!1-' ~ ~~ !2~ I ~~ ~ !.~ ~ ~'" ~ g ~ '" ~~ ~ ~g 0 "'~ ~ -~ ( ~ ~~ ,. .., ~ .~ -~ ~ .~ = 2 Eo- ~i ...J u ~ ~ --~------.-------~- æ ~ ! ~ i ~ ~ ~ ~ * r:c ""'---- æ ~ w ~ g z i ~ i ~ ~ S .. ~ ~ : 0 ~ ! u !!I (!) i I ~ ~ 0( ~ z ~ ~ I i ; s ~ ~ i -----, ~ I t5 == I Iil 0 Ii I! Z i j-< ~ i = ~~ ~ Q U =~ . ~ þoÒIÍII . " -, . ~ ~" ~-,,::,'r.'i'---1 I (y-' c ..11' ~~ I - \,i~ ~~~~._c1 == =.g í ' I\t~~ ~~ -' "' I; . . , U ."" .~:: .'. III 2 , ..ji 3NV) Eo- æ ~ d-7 .J ~ ~ ~ --~------~-------.- w Z ~ ~I Q. ¿"""""""""""""""""""""""""'"""""""""""""""""""',""',,',,"',,"i"""""';1 o ~1 r ..w'w......... ......................................................"".'.'..... INDUSTRIAL BUILDING EL. 622 TRAIL PAD EL.635 SECTION A-A. w z - ~ ~I ~I ~....................................................'.'.'...'..'..........I~ - I I::::~:::::::::;:: TRAIL PAD ROAD PAD RESIDENTIAL PAD EL.617 EL.653 EL.651 EL.653 PAD EL640 SECTION B-B. .. I, W W Z Z ~ -' ~I ~I Q.. Q.. 0 ROAD! 0, ~ ~ [ ~:;:::::::::::::::::::::::::::::::::~ T i:::::::::::::!:!:}}::~ INDUSTRIAL TRAIL INDUSTRIAL TRAIL ROAD BUILDING EL.652 BUILDING EL.615 EL.615 EL.591 SECTION C-C' SECTION D-D. . REFER TO LANDSCAPE BUFFER PLAN FOR SECTION LOCATIONS rr SALT CREEK RANCH SOUTHERN BUFFER SECTIONS 1\ ~? EXHIBIT NO.1 0 IŒM\ I G The Baldwin Compan" 1.25 Crallsmcmshlp III bulJdln~ Slrln' 1'J5fJ , >-.....J ~ ~ rl ¡ d~~- j L ---..- ._---,--,~f" ID '0:::' L. -=:-'-'-"-~... ", J-. /1 ... ,0::::; ... [ "'~. ,.- '-"---:J ;'-,(';') « Z ~ IC?I' /, ~f,.t.¡ ~ ,Ii -, /f' . . ,; (/1r, r '" '" a ,'~!~ };) :i¡¡:¡i!:¡:!i',::H:"':¡:' G æ ¡ ")"'" ).~~. I..Ì.... :::::::::::::::::::::::::::...J Z~ ~ ~-~_~:!~y,A~ t lï::¡::¡:';':,"j¡::,¡:'¡: '~ cJ) w Cr' :~'i" <':"""":':"": Q k~-- kL,; ...........................; ! ' '!,D.. .;':.:.;':.:.;.;.;':.:.:-: ....., ):::'1,'/,1::/': ~ ê ~ ~ ~ , : : : : : : : , :. :- B::I ...J::;:::::::: ~ ':':':':':': Z .....C """ ~ o...J "'" ~ ~ 0 ~...J n. , , , a:: ~ü ~ æ~ ~ffi ' , , ~ VI~ ~F ~n. VI ~ VIVI VIa:: Z...J ~VI VI ~ C ~~ Cc ...JLLJ LLJ U ~~ VlO ~z n.~ z ~ Z ...JF- CU 0 ...JF C ::::> c~ ~o LLJ~ c~ ~ In -< ~...J (DZ °LLJ ~z VI ~ g§c ::::>::::>:Ea:: g§LLJ LLJ ~ ~ ..... u a::o - u ..... u => , , ~ ~ z=> ::La:: oLLJ zU 0 ~ = ~ _LLJ VI" ...a:: _c LLJ .... a..~ ~ E; ~ 8~ ~ =: ..... .- .., ( U ~.~ ' ~~ III ~ E:.- 1! ~ r I- ,- JQ ~ ~ ex...;; I < "'- . rJ"J ~ --.------.-------.- n ' r=~~~,-.s~ ~l______-----'J.I",.,',1.:-¡rJ E3 ~~ g ~ ~ i '" ' I ¡/ - - ~ , ' ~ '- : ~,~ (/1 .. '" '" , .,"Y ~ ' ¡~"'" i.~~, ,'Q/' " ~8 ~ ! ~ ¿ -'" / SU) t: --- ~ c- '----.. I '" ~ --'----..- - I " ~ :I: '1}J~/ ~ X , , \------I' - ~ w /~ \ \ ,I ~ k[' ¡ 'kif,' ~'J Hr I I Î ,f"",~ ,,/ :',10- i\ ;¡~\ '<C ~--+¿J/ 'j' ~ ~ m >- \, W ~ ! ~ ,',' """~ ",,~ ',' Z ~ II) 0 Ou. !!:! 0:: ~ ::! C,,) LIJ 0::< LIJ > LlJO:: ~5> 11)0 OF < LIJ() z :::Ell) YlO <;i => v'Z liJ -If-'- ~=> :::Eð Z <~ -0 liJ¡::: :! ~-I mt3 0< ~ ~ë5 æO ~~ ~ Z => :I: Z .0 liJ" => ... _liJ (1)< a::: 0 - - ~ U Z I < . ~ '" ~ ;o-,~ ~ !..~ .~., E ;:, 3Q ,>". ,... ð. ""..,". ð Ii ""....'. Eo- ~ - _a.. - . . .'. ..;¡ ~ ~ - - - ...... ' ;j ~ - - , -< " ~ ,~~ ,- ~'---"--,--~ l ., -, ',- -- ~ - ,,' - ","1 , - .c.' ".,-----...:.., - - " --, " _.' - c, . ..' .. - "- - -":. :,. '0 . "',h,' « , - ":', - . '--:' '.: .. - 3.9 Edges 3.9.1 Introduction 3.9.1.1 The Salt Creek Ranch General Development Plan and Site Plan have been influenced by existing and proposed land uses or surrounding sites. The GDP calls for a sensitive project - - - LAND use TABLE " .'- IIUIOINIIAL USI , -. ., W %73.' ~ W' JLZ .. ". ' . --... "'.1 OI'fH SPACE --.- V.D COIN Sl'ACi :lSII 00IIt p.w:rn:IT.u ULI INSIIMIONAL US( EUMIHr_1DIOOI. no c"""""",,, IU>OOsr FIoQUIV '0 _sr..no. 10 -lOT... 2IJI L LM , NE LM LM L E M "--'" . '" --. .-. -_. design that includes transition zones between areas of differing land use and density. The interfaces between uses, or "edges" I are extremely important in creating a unified Salt Creek community design transition with '.: ..: ::':,':::' ,:::",.:, :,.,:::":':.', :::::...' '::.::::::.:':;'::':':':""::.:":::.':'..:.., '.: . ':'.'.':.::...:.'. ".,.'., .:...'.'.' 3~ SALT CREEK DESIGN GUIDELINES the adjacent use. Three common edge conditions that exhibit potential conflicting uses or densities are: 3.9.1.2 The southem border of Salt Creek Ranch with the Eastlake Technology Parks. 3.9.1.3 The canyon/ residential interfaces in Sub-Area 3. 3.9. 1.4 School/pork interfaces with residential neighborhOOds. 3.9.2 Easflake Technology Park Transition The SPA designates this area for medium and low-medium residential densities developed in clusters. These land uses provide a housing type which is conducive to the adjacent neighborhoods and establish a transition zone between the industrial and the lower density areas further north and east. 3.9.2 In addition to transitional land use intensities, a buffer zone has been designed along the south em edge of the property to mitigate potential noise and visual impacts. This buffer will: 3.9.2.1 Provide a suitable slope varying in height along the single- with multi-family areas and a minimum width varying 2D-feet to a maximum of 150- feet to provide vertical and horizontal separation between uses. 3.9.2.2 Be extensively landscaped with trees and shrubs to effectively screen and separate housing from adjacent industrial uses. 3.9.2.3 Contain open space connections from the single- family and multi-family areas into this trail corridor. Multi-family recreational amenities will be linked to this trail buffer. I 3.9.2.4 Appropriate construction techniques will be used to sound attenuate all residential uses from external impacts according to State standards. 3.9.3 Canyon/Residential I nterface A major feature of the Salt Creek Ranch and in particular Sub-Area 3 is the large open space areas which surround the neighborhoods. These are primarily canyon and slope areas located at lower elevations adjacent to the residential parcels. Important design concepts for the treatment of this interface are: TI{r-~'lì' OF CHULA VISTA DISCLOSURE--"o\.TEMEK/11íÃcHM(?;VT ~ You arc required to filt: a Sta\(.:mcnl or Disclosure or œr:ain ()wnc~hjp or financial interc.qs. payments, or campaign contrihutions. on all matters which will require discretionary action on the pan of the City Council. Planning Commission. and all other official bodies. The following information must he disclos~d: 1. List the names of all persons having a financial interest in the properly which is the subject of the application or the contract, e.g., owner. applicant, contractor, subcontractor. material supplier. Tk.e. ea.stz.,.a. hL ~f(ùl\i- 2. If any person. identified pursuant to (l) above is a corporation or partnership, list the names of all individuals owning more than 10'7(' of the shares in the corporation or owning any partnership interc.q in the partnership. &\¡.., ~'l.e. 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? Ycs- NolL If yes, please indicate person(s): 5. Please identify each and every person, including any agents, employees, consultant:;, or independent contractors who you have assigned to represent you before the City in this matler. -~;\\ tJS-\v~ --13 Lu{ G'fð..j GCA'f A;&t1N 0 &0. Y'1 û';ti 6. Have you and/or your officers or agcnts, in the aggregate. contributed more than $1,000 to a Cûuncilmember in the current or preceding election period? Yes- No- If yes, state which Councilmember(s): . , . (NOTEo Attach additionaJ pages as oeœssary) . . . "- Datc: Î-~ ~.,(e of contraclor/applicant Gv. '1: ÅstW 0 3S- Print or type name of contractor/applIcant " PcrSOfI is tkfillcd as: 'I<IIIY illdì~'lduaL .ïznn. co-parmcrship, jouu "CrIlurc, associatiOl~ social club, jra/CT7wl orgaJizatiol~ corporation. crla/C, lTUSL, receiver, sYlldiCalC, this alld allY other COWII); ciIy alld coulIlry. cicy mullicipaiil)', disuicL, or mher polilical subdi,'ision, or allY olher group or combillation (Jclillg as a wm" ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AMENDMENTS TO THE EASTLAKE II PLANNED COMMUNITY DISTRICT REGULATIONS TO INCORPORATE 108 ACRES OF RESEARCH AND LIMITED MANUFACTURING AS BC-1, BUSINESS CENTER MANUFACTURING PARK DISTRICT, INTO THE LAND USE DISTRICTS MAP; AMEND SECTION IV.2A, PROPERTY DEVELOPMENT STANDARDS, TO ALLOW INCREASE IN BUILDING HEIGHT FOR CERTAIN LOTS WITH APPROV AL BY THE DESIGN REVIEW COMMITTEE, AND ESTABLISH SPECIAL BUILDING SETBACKS AND BUFFER REQUIREMENTS FOR CERTAIN LOTS ABUTTING RESIDENTIAL LAND USE DISTRICTS. I. RECIT ALS A. Project Site WHEREAS, the areas of land which are the subject of this Ordinance are diagrammatically represented in Exhibit A and hereto incorporated herein as Exhibit A; and for the purpose of General description herein consist of 108 acres north of Otay Lakes Road between Hunte Parkway and Lane Avenue within the existing EastLake Planned Community boundaries("Project Site"); and, B. Project; Application for Discretionary Approval WHEREAS, on June 29, 1999, The EastLake Company ("Developer") filed an application requesting amendments to the EastLake II Planned Community District Regulations to incorporate 108 acres of Research and Limited Manufacturing as BC-1, Business Center Manufacturing Park District, into the Land Use Districts map; amend Section IV .2A, Property Development Standards Business Center Districts, to allow increase in building height for certain lots in the Project Site; and, increase the rear building setback and buffer requirements for certain lots abutting residential land use districts ("Project"); and, C. Prior Discretionary Approvals WHEREAS, the EastLake Business Center II has been in part the subject matter of a General Development Plan (GDP) previously approved by City Council Resolution No. 15413 ("EastLake III GDP") on December 11, 1989; and, D. Planning Commission Record on Applications WHEREAS, the Planning Commission held an advertised public hearing on said project on November 3, 1999, and vote- to recommend that the City Council approve the Project in accordance with the findings listed below. /"1 d 1 The proceedings and all evidence introduced before the Planning Commission at their public hearing on this Project held on November 3, 1999, and the minutes and resolutions resulting therefrom, are hereby incorporated into the record of this proceeding. E. City Council Record on Applications WHEREAS, a duly called and noticed public hearing was held before the City Council of the City of Chula Vista on November 16, 1999 on the Discretionary Approval Application, and to receive the recommendations of the Planning Commission, and to hear public testimony with regard to same; and, F. Discretionary Approvals Resolution and Ordinance WHEREAS, at the same City Council meeting at which this ordinance was introduced for first reading (November 16, 1999), the City Council of the City of Chula Vista approved Resolution No. by which it imposed amendments on the EastLake II General Development Plan, EastLake I Sectional Planning Area (SPA) plan, EastLake I Public Facilities Finance Plan, EastLake I Air Quality Improvement Plan, EastLake I Water Conservation Plan; and adopted a design guidelines for the Business Center II, EastLake I Business Center II Design Guidelines. II NOW, THEREFORE, the City of Chula Vista does hereby find, determine and ordain as follows: A. COMPLIANCE WITH CEQA The City Council does hereby find that the Mitigated Negative Declaration IS-OO-O3 the Findings of Fact and the Mitigation Monitoring and Reporting Program have been prepared in accordance with the requirements of the California Environmental Quality Act and the Environmental Review Procedures of the City of Chula Vista. B. INDEPENDENT JUDGMENT OF CITY COUNCIL The City Council does hereby find that in the exercise of their independent review and judgment, the Mitigated Negative declaration IS-OO-O3 in the form presented has been prepared III accordance with requirements of the California Environmental Quality Act and the Environmental Review Procedures of the City of Chula Vista and hereby adopt same. D. FINDINGS FOR P-C PLANNED COMMUNITY ZONE AMENDMENTS The City Council hereby finds that the proposed amendments to the EastLake II Planned Community District Regulations Land Use Districts Map text and statistics are consistent with the City of Chula Vista General Plan, and public necessity, convemence, the general welfare and good zoning practice support the amendments. /~ij';2 E. APPROVAL OF ZONE AMENDMENTS The City Council does hereby approve the amendments to Planned Community District Regulation and Land Use District Map as represented in Exhibit A. III. INVALIDITY; AUTOMATIC REVOCATION It is the intention of the City Council that its adoption of this Ordinance 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 shall be deemed to be automatically revoked and of no further force and effect ab initio. IV. EFFECTIVE DATE This ordinance shall take effect and be in full force on the thirtieth day from and after its adoption. Presented by Approved as to form by 1/ .'l ", " (I J ,2.j¿j-c L á (jJlL' f !Ia £.( J.Vi- Robert A. Leiter J OM Kaheny / / Director of Planning ,CitY Attorney H: \home\planning\luis\pcm-OOO2 .cco /f/J-J I, SPECIAL PURPOSE I~~ VIIage CenIer VII8ge Center FI88WIIy CommeråaI PA PI~18iI & Administr8Iive BUSINESS CENTER fE)Øu8ine88 Center - ~ Part DiaIrict 8C-2 BusIness Ceo8er - ~ SeMce Dià1ct ( ~~ .4 E4STLAKE II )9/1 -'7 "'"~~ ---- A planned community by The EastLake CO. EXHIBIT A rLJi 9~.99 v-b RESOLUTION NO. - RESOLUTION OF THE CITY OF CHULA VISTA CITY COUNCIL ADOPTING MITIGATED NEGATIVE DECLARATION (IS-00-03), CERTAIN FINDINGS OF FACT AND MITIGATION MONITORING AND REPORTING PROGRAM; APPROVING AMEND MENTS TO THE EASTLAKE II GENERAL DEVELOPMENT PLAN, EASTLAKE I SECTIONAL PLANNING AREA (SPA) PLAN, EASTLAKE I PUBLIC FACILITIES FINANCING PLAN, EASTLAKE I AIR QUALITY IMPROVEMENT PLAN, AND EASTLAKE I WATER CONSERVATION PLAN; ALSO APPROVING NEW EAST LAKE I BUSINESS CENTER II DESIGN GUIDELINES AND TENTATIVE SUBDIVISION MAP FOR 108 ACRES NORTH OF OKAY LAKES ROAD BETWEEN HUNT P ARKW A Y AND LANE AVE. I. RECITALS A. Project Site WHEREAS, the area of land which is the subject of this Resolution is diagrammatically represented in attached Exhibits A and BI-B4, and hereto incorporated herein by this Resolution, and commonly known as Business Center II Supplemental SPA and EastLake Business Center II Tentative Map, Chula Vista Tract 00-02, and for the purpose of general description herein consists of 108 acres north of Otay Lakes Road between Hunte Parkway and Lane Avenue within the EastLake Planned Community; and, B. Project; Application for Discretionary Approvals WHEREAS, on June 29, 1999, The EastLake Company (Owner) filed applications with the Planning Department of the City of Chula Vista requesting the following approvals: 1) amendments to the EastLake II General Development Plan (GDP), EastLake I Sectional Planning Area (SPA) plan, including the EastLake I Public Facilities Finance Plan, EastLake I Air Quality Improvement Plan, and EastLake I Water Conservation Plan (associated regulatory documents); 2) approval of Business Center II Design Guidelines and tentative subdivision map for 108 acres known as the EastLake Business Center II Chula Vista Tract 00-02 ("Project"); and, WHEREAS, the proposed amendments to the EastLake II General Development Plan (GDP) consists of modifying the existing GDP boundaries, text and statistics to reflect the annexation of 108 acres of Research and Limited Manufacturing to the EastLake II GDP, without modifying the land use designated in the General Plan and EastLake III GDP; and, WHEREAS, the proposed amendments to the EastLake I Sectional Planning Area (SPA), EastLake I Public Facilities Finance Plan, EastLake I Air Quality Improvement Plan and Water Conservation Plan consist of changing the text, statistics, maps and exhibits of these documents to reflect the incorporation of 108 acres of Research and Limited Manufacturing into the EastLake I SPA (and associated regulatory documents) with the same land use ¡'If] -/ designated in the General Plan and adopted EastLake III GDP. Also adopt new design guidelines for the Business Center II (EastLake I Business Center II Design Guidelines). WHEREAS, the proposed tentative subdivision map consists of subdividing 108 gross acres of Research and Limited Manufacturing into 16 industrial lots ranging in size from 3 to 9 acres; and, C. Prior Discretionary Approvals WHEREAS, the subject property has been the subject matter of a prior EastLake III General Development Plan resulting in the current Research and Limited Manufacturing land use designations which was adopted by the City Council in 1989 (Resolution No. 15413); and, D. Planning Commission Record of Application WHEREAS, the Planning Commission held an advertised public hearing on the Project on November 3, 1999, and voted ( ) to forward a positive recommendation to the City Council on a proposal to amend the EastLake II General Development Plan and EastLake I Sectional Planning Area (SPA) plan, including amendments to the EastLake I Public Facilities Financing Plan, EastLake I Air Quality Improvement Plan and EastLake I Water Conservation Plan. Also approving new EastLake Business Center II Design Guidelines and Tentative Subdivision Map for 108 acres known as EastLake Business Center II, Chula Vista Tract 00-02 and located on the north side of Otay Lakes Road between Hunte Parkway and Lane A venue; and WHEREAS, The proceedings and all physical evidence introduced before the Planning Commission at the public hearing on this project held on November 3, 1999, and the minutes and resolution resulting thereftom, are hereby incorporated into the record of this proceeding; and, E. City Council Record of Application WHEREAS, the City Clerk set the time and place for the hearing on the Project applications and notices of said hearings, together with its purposes given by its publication in a newspaper of general circulation in the City and its mailing to property owners within 500 feet of the exterior boundaries of the Project site at least ten days prior to the hearing. 2 J75/c2- NOW THEREFORE BE IT RESOLVED that the City Council hereby find, determine and resolve as follows: II. PLANNIN G CO MMISSI 0 N RECORD The proceedings and all evidence introduced before the Planning Commission at their public hearing on the Project held on November 3, 1999 and the minutes and resolutions resulting therefrom are hereby incorporated into the record of this proceeding. These documents, along with any documents submitted to the decision-makers, including documents specified in Public Resources Code Section 21167, subdivision(s), shall comprise the entire record of proceedings for any claim under the California Environmental Quality Act (CEQA) (Pub. Resources Code 21000 et seq.). III. PREVIOUS FEIR AND MITIGATED NEGATIVE DECLARATION IS-00-03 REVIEWED AND CONSIDERED FINDINGS APPROVALS The City Council of the City of Chula Vista has previously reviewed, analyzed and considered Mitigated Negative Declaration (MND) IS-00-03 and the environmental impacts therein identified for this Project, and the Findings of Fact (Exhibit "C") to this Resolution and the proposed mitigation measures identified therein, prior to approving the Proj ect. Copies of said Exhibits are on file in the office of the City Clerk. IV. COMPLIANCE WITH CEQA The City Council does hereby find that the Mitigated Negative Declaration IS-00-03, the Findings of Fact and the Mitigation Monitoring and Reporting Program have been prepared in accordance with the requirements of the California Environmental Quality Act, and the Environmental Review Procedures of the City of Chula Vista, and hereby approves the Mitigated Negative Declaration IS-00-03 in accordance with this Resolution. V. INDEPENDENT JUDGMENT OF CITY COUNCIL The City Council finds that the Mitigated Negative Declaration IS-OO-O3 reflects the independent judgment of the City Council of the City of Chula Vista. VI CEQA FINDINGS OF FACT, MITIGATION MONITORING AND REPORTING PROGRAM A. Adoption of Findings of Fact The City Council of the City of Chula Vista does hereby approve as its own, incorporates as if set forth in full herein, and make each and every one of the Findings contained in the Findings of Fact, Exhibit "C" of this Resolution, a copy of 3 )'lß-J which is on file in the office of the City Clerk. B. Certain Mitigation Measures Feasible and Adopted As more fully identified and set forth in Mitigated Negative Declaration IS-00-03 and in the Findings of Fact for this Project, which is Exhibit "C" to this Resolution, a copy of which is on file in the office of the City Clerk, the City Council of the City of Chula Vista hereby finds pursuant to Public Resources Code Section 21081 and CEQA Guidelines Section 15091 that the Mitigation Measures described in the above referenced documents are feasible and will become binding upon the entity (such as the Project proponent or the City) assigned thereby to implement same. C. Adoption of Mitigation Monitoring and Reporting Program As required by the Public Resources Code Section 21081.6, the City Council hereby adopts Mitigation Monitoring and Reporting Program ("Program") set forth in Exhibit "C" of this Resolution, a copy of which is on file in the office of the City Clerk. The City Council hereby finds that the Program is designed to ensure that, during Project implementation, the pennitteel Project applicant and any other responsible parties implement the Project components and comply with the mitigation measures identified in the Findings of Fact and the Program. VII. GENERAL PLAN CONSISTENCY The City Council hereby fmds and detennines that the proposed amendments to the EastLake II General Development Plan, EastLake I Sectional Planning Area (SPA) plan and associated regulatory documents, approval of the new EastLake I Business Center II Design Guidelines and the proposed subdivision of 108 acres into 16 industrial lots and 10 open space lots are consistent with the Chula Vista General Plan and other adopted City policies. VIII. GENERAL DEVELOPMENT PLAN FINDINGS/APPROV AL A. THE PROPOSED DEVELOPMENT AS DESCRIBED BY THE GENERAL DEVELOPMENT PLAN IS IN CONFORMITY WITH THE PROVISIONS OF THE CHULA VISTA GENERAL PLAN. The proposed amendments to the EastLake II General Development Plan reflects the industrial land use and intensity of use and circulation system that are consistent with all elements of the Chula Vista General Plan. B. PLANNED COMMUNITY DEVELOPMENT CAN BE INITIATED BY ESTABLISHMENT OF SPECIFIC USES OR SECTIONAL PLANNING AREA PLANS WITHIN TWO YEARS OF THE ESTABLISHMENT OF THE 4 J9 ß - r PLANNED COMMUNITY ZONE. The PC, Planned Community Zone was established for the subject site prior to the adoption of the existing EastLake III General Development plan in 1989. In addition, a Sectional Planning Area (SPA) Plan is proposed for the 108 acres. c. IN THE CASE OF PROPOSED RESIDENTIAL DEVELOPMENT, THAT SUCH DEVELOPMENT WILL CONSTITUTE A RESID ENTIAL ENVIRONMENT OF SUSTAINED DESIRABILITY AND STABILITY; AND THAT IT WILL BE IN HARMONY WITH OR PROVIDE COMPATIBLE VARIETY TO THE CHARACTER OF THE SURROUNDING AREA AND THAT THE SITES PROPOSED FOR PUBLIC FACILITIES SUCH AS SCHOOLS, PLAYGROUNDS AND PARKS, ARE ADEQUATE TO SERVE THE ANTICIPATED POPULATION AND APPEAR ACCEPTABLE TO THE PUBLIC AUTHORITIES HAVING JURISDICTION THEREOF. The project does not include residential land uses. IX. ADOPTION OF AMENDED GENERAL DEVELOPMENT PLAN In light of the findings above, the amended EastLake II General Development Plan is hereby approved and adopted in the form presented to the City Council and on file in the office of the City Clerk. X. SP A FINDINGS/ APPROV AL A. THE EASTLAKE I SECTIONAL PLANNING AREA (SPA) PLAN, AS AMENDED, IS IN CONFORMITY WITH THE EASTLAKE II GENERAL DEVELOPMENT PLAN AND THE CHULA VISTA GENERAL PLAN. The proposed EastLake I SPA plan amendment, EastLake Business Center II Supplemental SPA Plan, reflect the land use, circulation systems, and public facilities that are consistent with the EastLake II General Development Plan and the Chula Vista General Plan. B. THE EASTLAKE I SECTIONAL PLANNING AREA (SPA) PLAN, AS AMENDED, WILL PROMOTE THE ORDERLY, SEQUENTIALIZED DEVELOPMENT OF THE INVOLVED SECTIONAL PLANNING AREAS. The EastLake I SPA plan amendment, EastLake Business Center II Supplemental Sectional Planning Area Plan, is consistent with the EastLake I Public Facilities Financing Plan, Air Quality Improvement Plan, Water Conservation Plan and will, therefore, promote the orderly sequentialized development ofthe involved Sectional 5 /~!J--3 Planning Area (SPA) Plan areas. C. THE EASTLAKE I SECTIONAL PLANNING AREA (SPA) PLAN, AS AMENDED, WILL NOT ADVERSELY AFFECT ADJACENT LAND USE, RESIDENTIAL ENJOYMENT, CIRCULATION OR ENVIRONMENTAL QUALITY. The land uses within the EastLake I Sectional Planning Area (SPA) plan, EastLake Business Center II Supplemental Sectional Planning Area (SPA) Plan, represent the same uses approved by the EastLake II General Development Plan, as amended, and will not adversely affect adjacent land use, residential enjoyment, circulation, or environmental quality. In addition, special design guidelines have been incorporated in the EastLake I Business Center II Design Guidelines to address industrial! residential interface along the north and east edge of the Business Center II. D. IN THE CASE OF PROPOSED INDUSTRIAL AND RESEARCH USES, THAT SUCH DEVELOPMENT WILL BE APPROPRIATE IN AREA, LOCATION, AND OVER-ALL DESIGN AND DEVELOPMENT STANDARDS ARE SUCH AS TO CREATE A RESEARCH OR INDUSTRIAL ENVIRONMENT OF SUSTAINED DESIRABILITY AND STABILITY; AND, THAT SUCH DEVELOPMENT WILL MEET PERFO RMAN CE ST ANDARDS ESTABLISHED BY THIS TITLE. The amendments involve a planned expansion of the EastLake I Business Center, which is the highest quality industrial park in the City of Chula Vista. The expansion has been anticipated by the Chula Vista General Plan and the EastLake II General Development Plan for over 10 years. Thus, the proposed project represents an appropriate and previously anticipated expansion of an industrial business park with high design and development standards reflective of sustained desirability and stability. Development regulations for this development have been designed to meet the City of Chula Vista Performance Standards prescribed in chapters 19.66 and 19.68 of the Chula Vista Municipal Code. E. IN THE CASE OF INSTITUTIONAL, RECREATIONAL, AND OTHER SIMILAR NONRESIDENTIAL USES, THAT SUCH DEVELOPMENT WILL BE APPROPRIATE IN AREA, LOCATION AND OVER-ALL PLANNING TO THE PURPOSE PROPOSES, AND THAT SURROUNDING AREAS ARE PROTECTED FROM ANY ADVERSE EFFECTS FROM SUCH D EVELO PMENT. The project does not include institutional, recreational and other similar non- residential uses. 6 /9f!-j, F. THE STREET AND THOROUGHFARES PROPOSED ARE SUITABLE AND ADEQUATE TO CARRY THE ANTICIPATED TRAFFIC THEREON. The amendments do not involve amendments to the planned circulation system depicted on the General Plan Circulation Element and therefore, the circulation system will be improved in accordance with the General Plan and suitable for the proposed development. G. ANY PROPOSED COMMERCIAL DEVELOPMENT CAN BE JUSTIFIED ECONOMICALL Y AT THE LOCATIONS PROPOSED AND WILL PROVIDE ADEQUATE COMMERCIAL FACILITIES OF THE TYPES NEEDED AT SUCH PROPOSED LOCATIONS. The proposed project does not involve any commercial uses. H. THE AREA SURROUNDING SAID DEVELOPMENT CAN BE PLANNED AND ZONED IN COORDINATION AND SUBSTANTIAL COMPATIBILITY WITH SAID D EVELO PMENT. The proposed project does not involve any change in planned land use, merely an advance of the timing of development, therefore, said development can be planned and zoned in coordination and substantial compatibility with surrounding development. XI. BE IT FURTHER RESOLVED that in light of the findings above, City Council of the City of Chula Vista hereby approve the amendments to the EastLake I Sectional Planning Area (SPA) plan and associated regulatory documents (Business Center Supplemental SPA plan), and the new EastLake I Business Center II Design Guidelines subject to the conditions set forth below: XII. SPA PLAN CONDITIONS OF APPROVAL A. Implement all environmental mitigation measures identified in IS-00-03, the Mitigated Negative Declaration, CEQA findings (Exhibit C) and Mitigation Monitoring Program (Exhibit D) for the Project. B. Install all public facilities in accordance with the PFFP or as required to meet the Growth Management Threshold Standards adopted by the City. The City Engineer may modify the sequence of improvement construction should conditions change to warrant such a revision. C. Approval of the EastLake I SPA amendments, Business Center II Supplemental Sectional Planning Area (SPA) plan does not constitute approval of the final lot 7 /l!f// configuration and street designs shown within the SPA plan. Modifications may be made by staff, the Planning Commission or City Council during the tentative subdivision map process. D. Prior to approval of the first Final Map, submit the necessary planning application to modify the EastLake III General Development plan text, maps and statistics to reflect the annexation of 108 acres of Research and Limited Manufacturing land use, as adopted in this Resolution, to the EastLake II GDP and detachment from EastLake III GDP. E. Prior to approval of the first final map, revise the EastLake II GDP, EastLake I SPA documents, as deemed appropriate by City staff, deleting strike-out, underline and references to previous documents. After final revisions, submit to the Planning Department 20 final prints in plastic binders. F. Prior to approval of the first final map, enter into an agreement with the City agreeing to modify the EastLake I Business Center II Supplemental Water Conservation Plan as necessary to incorporate all new water conservation policies adopted by City Council subsequent to approval of this SPA plan. G. A comprehensive fencing plan indicating design, color, materials, height and location of all perimeter and interior fences shall be reviewed and approved by the Director of Planning and Building, and incorporated in the EastLake I Business Center Community Design Guidelines prior to approval of the first final map. H. Include language in the Business Center II Design Guidelines requiring that loading and unloading (roll-up doors) on lots adjacent to the north property line no be visible from the residential neighborhood immediately adjacent to the north. XIII. TENTATIVE SUBDIVISION MAP FINDINGS/ APPROV AL A. Pursuant to Government Code Section 66473.5 of the State Subdivision Map Act, the City Council finds that the Tentative Subdivision Map, as conditioned herein for EastLake I-Business Center II, Chula Vista Tract No.00-02, is in conformance with the EastLake II General Development Plan, as amended, and the elements of the City of Chula Vista General Plan, based on the following: 1. Land Use The EastLake I-Business Center II Sectional Planning Area (SPA) Plan designates the 108 acres as Research and Limited Manufacturing. The tentative map, as conditioned, is in compliance with the City's General Plan, the EastLake II General Development Plan and the EastLake I-Business 8 /~!J #,f5 Center II Supplemental SPA Plan. Thus, the Project as conditioned, is in substantial compliance with the EastLake II GDP and EastLake I SPA. 2. Circulation All on-site and off-site public streets required to serve the subdivision will be constructed or DIF fees paid by the developer in accordance with the EastLake I Business Center II Supplemental Public Facilities Financing Plan. The public streets within the Project will be designed per City design standards and/or requirements. The westerly adjoining street system was designed to handle the anticipated flow of traffic from this and other area projects. 3. Housing The subdivision does not include residential housing. 4. Conservation The Mitigated Negative Declaration, IS-00-03 addressed the goals and policies of the Conservation Element of the General Plan and found the development of this site to be consistent with these goals and policies. 5. Parks and Recreation. Open Space There are no park dedications required for industrial subdivisions. The site is not designated for open space use by the Chula Vista General Plan. 6. Seismic Safety The proposed subdivision is in confonnance with the goals and objectives of the Seismic Element of the General Plan. There are no known active faults underlying the project site. 7. Safety The Fire Department and other emergency service agencies have reviewed the proposed subdivision for confonnance with City safety policies and have detennined that the subdivision meets the City Threshold Standard for emergency service. 9 liß -1 8. Noise Noise mitigation measures included in the Mitigated Negative Declaration IS-00-03 adequately address the noise policy of the General Plan. 9. Scenic Highwav The project site is located on a designated scenic road by the Chula Vista General Plan and will incorporate a landscaped open space buffer between proposed development areas and the roadway to be consistent with the General Plan. 10. Bicycle Routes Otay Lakes Road contains a bicycle lane across the frontage of the subdivision and therefore, the subdivision is consistent with the Bicycle Element of the General Plan. 11. Public Buildings No public buildings are proposed on the project site. B. Pursuant to Section 66412.3 of the Subdivision Map Act, the City Council certifies that it has considered the effect of this approval on the regional housing needs of the region and has balanced those needs against the public service needs of the residents of the City and the available fiscal and environmental resources. C. The configuration, orientation and topography of the site partially allows for the optimum siting of lots for passive or natural heating and cooling opportunities as required by Governmental Code Section 66473.1. D. The site is physically suited for industrial development and the proposed project conforms to all standards established by the City for such projects. E. The conditions herein imposed on the grant of the permit or other entitlement herein contained is approximately proportional to both, the nature and extent to the impact created by the proposed development. BE IT FURTHER RESOLVED that in light of the findings above, the City Council does hereby approve the Tentative Subdivision Map, Chula Vista Tract 00-02 contingent upon approval of the EastLake II GDP and EastLake I Sectional Planning Area Plan amendments and Ordinance amending the EastLake II Planned Community District Regulations being adopted and taking effect, and subject to the general and specific conditions set forth below. 10 /c;6 --/0 XIV. TENT A TIVE MAP CONDITIONS OF APPROV AL Prior to approval of the first Final Map, unless otherwise indicated, the Developer, or their successors in interest shall: GENERAL/ PRELIMINARY A. Project Site is Improved with Project Improve the Project Site with the Project as described in Tentative Subdivision Map, Chula Vista Tract 00-02 and IS-00-03, except as modified by this Resolution. B. Implement Mitigation Measures Implement, or cause the implementation of all mitigation measures pertaining to the Project identified in the Mitigated Negative Declaration IS-00-03. Any such measures not satisfied by a specific condition ofthis Resolution or by the project design shall be implemented to the satisfaction of the Director of Planning and Building. Mitigation Measures shall be monitored via the Mitigation Monitoring Program approved in conjunction with MND IS-OO- 03. Modification of the sequence of mitigation shall be at the discretion of the Director of Planning and Building should changes in the circumstances warrant such revision. C. Implement previously adopted conditions of approval pertinent to project Comply, remain in compliance and implement, the terms, conditions and provisions, as are applicable to the property which is the subject matter of this Tentative Map of: 1) The EastLake II General Development Plan (GDP); 2) EastLake I Business Center II Supplemental Sectional Planning Area (SPA) Plan; 3) EastLake II Planned Community District Regulations; 4) EastLake I Business Center II Design Guidelines; 5) EastLake Business Center II Supplemental Public Facilities Financing Plan; 6) EastLake I Business Center II Supplemental Water Conservation Plan; 7) EastLake I Business Center II Supplemental Air Quality Improvement Plan, all approved by the Council on , 1999, Resolution No. ("Plans"). As an alternative, the Developer shall enter into an agreement with the City, providing the City with such security (including recordation of covenants running with the land) and implementation procedures as the City may require. Also assuring that, after approval of the Final Map, the developer will continue to comply, remain in compliance, and implement such Plans. The Developer shall also agree to waive any claim that the adoption of a final Water Conservation Plan or Air Quality Plan constitutes an improper subsequent imposition of the condition. 11 /9!f~// D. Implement Public Facilities Financing Plan Install public facilities in accordance with the EastLake I Business Center II Supplemental Public Facilities Financing Plan as amended or as required by the City Engineer to meet threshold standards adopted by the City of Chula Vista. The City Engineer and Planning and Building Director may, at their discretion, modify the sequence of improvement construction should conditions change to warrant such a revision. E. Contingency of Project Approval Approval of the Tentative Map is contingent upon amendments to the EastLake I General Development Plan, EastLake I Sectional Planning Area Plan and EastLake II Planned Community District Regulations taking effect (PCM-OO-O2) F. Design Approval Develop the lots in accordance with the EastLake II Planned Community District Regulations and EastLake I Business Center II Design Guidelines. All industrial lots shall be submitted for site plan and architectural review and approval under the City's Design Review process prior to submittal for building permits. STREETS. RIGHT-OF-WAY AND PUBLIC IMPROVEMENTS 1. Provide security in accordance with Chapter 18.16 of the Municipal Code and dedicate, and construct full street improvements for all public streets shown on the Tentative Map within the subdivision boundary or off-site in accordance with Chula Vista Design Standards, Chula Vista Street Standards, the Chula Vista Subdivision Manual, and these conditions unless otherwise approved by the City Engineer. Said improvements shall include, but not be limited to, asphalt concrete pavement, base, concrete curb, gutter and sidewalk, sewer, reclaimed water and water utilities, drainage facilities, street lights, traffic signals, signs, fire hydrants and transitions to existing improvements in the manner required by the City Engineer and other improvements as conditions herein. (Engineering) 2. Construct or enter into an agreement to guarantee the construction of all street improvements as required by the PFFP, as may be amended from time to time. The City Engineer and! or Director of Planning and Building may, at their discretion, modify the sequence, schedule, alignment, design, improvements and construction of facilities should conditions change to warrant such a revision. The required street improvements and improvement installation timing are as follows: Facility 1 Install all-way stop at the intersection of Lane Avenue and Fenton Street prior to approval of the first grading plan. (Engineering) 12 jCj{!-/Â Facility 2 Guarantee the installation, agree to install and install all on site street improvements, including underground improvements, traffic signal standards with luminaries, as determined by the City Engineer, for the intersection of Lane Avenue/ Fenton Street from the westerly subdivision boundary to Street A prior to approval of the corresponding final map. Facility 3 Construct per City Design Standards or guarantee the construction, agree to construct and construct a cul-de-sac, to the satisfaction of the City Engineer, at the easterly terminus of Boswell Road prior to approval of the first Final Map. Facility 4 Install a fully activated traffic signal, including interconnect wiring and pull rope as determined by the City Engineer, at the intersection of Fenton Street and Otay Lakes Road prior to approval of the Final Map containing such intersection. Facility 5 Construct per City Design Standards or guarantee the construction, agree to construct and construct the median modification at the intersection of Fenton Street/Otay Lakes Road prior to approval of the Final Map containing such intersection. (Engineering) 3. Limit development of the Project in accordance with the following scenarios: Scenario I : No development (issuance of building permits) beyond a combined total of 42 gross acres may occur until Olympic Parkway from Brandywine A venue to Paseo Ranchero is completed. Scenario II: No development (issuance of building permits) beyond a combined total of 59 gross acres may occur until Olympic Parkway from 1-805 Freeway to Wueste Road is completed, or SR- 125 constructed. 4. Construct, concurrent with rough grading, erosion and sediment control work, permanent landscaping, and irrigation system for all open space lots. 5. Design all street cross-sections to conform to the cross-sections shown on the Tentative Map, unless otherwise conditioned or approved herein. (Engineering) 6. Submit to and obtain approval by the City Engineer of striping plans for all collector or higher classification streets simultaneously with the associated improvement plans. (Engineering) 13 /éjff - /3 (" 7. Design all vertical and horizontal curves and intersection sight distances to conform to the Caltrans Highway Design Manual. All streets which intersect other streets at or near horizontal or vertical curves must meet intersection design sight distance requirements in accordance with City standards. Sight visibility easements shall be granted as necessary to comply with the requirements in the Caltrans Highway Design Manual. Lighted sag vertical curves will be permitted, with the approval of the City Engineer, at intersections per AASHTO standards. (Engineering) 8. Provide additional on site traffic control devices as required by the City Engineer. (Engineering) 9. Install all street trees in accordance with Section 18.28.10 of the Chula Vista Municipal Code and the following requirements: a) All street trees shall be planted in parkways, street tree easements or as otherwise approved by the Director of Planning and Building. b) Street trees, which have been selected ITom the revised list of appropriate tree species described in the EastLake Business Center II Design Plan, shall be approved by the Director of Planning and Building and Director of Public Works. c) Provide root control methods per the requirements of the Director of Planning and Building, and provide a deep watering irrigation system for the trees. d) A street tree improvement plan shall be submitted for approval by the Director of Planning and Building and the City Engineer prior to or concurrent with the second submittal of street improvement plans within the subdivision. e) Approval of the street tree improvement plans shall constitute final approval of the selection of street trees for the street parkways. (Engineering) 10. The developer shall construct sidewalks and construct pedestrian ramps on all walkways to meet Americans with Disabilities Act standards and as approved by the City Engineer. In the event the Federal Government adopts ADA standards for street rights-of-way which are in conflict with the standards and approvals contained herein, all such approvals conflicting with those standards shall be updated to reflect those standards. Unless otherwise required by Federal law, City ADA standards may be considered vested, as determined by Federal regulations, only after construction has commenced. (Engineering) 11. Submit, prior to the issuance of any rough grading permit for the Project, a study showing that all curb returns for any intersections in excess of 4% located within the permit boundaries, comply with all Americans with Disabilities Act standards at the ITont and back of sidewalks. (Engineering) 14 /9ß~/jI 12. Do not install privately owned water, reclaimed water, or other utilities across public street, including sleeves for future construction of privately owned facilities. The City Engineer may waive this requirement if the developer enters into an agreement with the City agreeing to the following terms: a) Obtain an encroachment permit for the installation of the private facilities within the public right-of-way. b) Maintain membership in an advance notice service such as the Underground Service Alert (USA) Dig Alert Service. c) Locate and mark any private facilities owned by the developer whenever work is performed in the area. , d) Provide shutoff devices to the satisfaction of the City Engineer at those locations where private facilities traverse public streets. The terms of this agreement shall be binding upon the successors and assigns of the developer. (Engineering) 13. Submit and obtain preliminary approval for proposed street names from the Director of Planning and Building and the City Engineer. No two intersections shall have the same name. Street name suffixes shall be "Place". (Engineering) GRADING AND DRAINAGE 14. Designate as private all storm drain systems that collect water from private property on grading and drainage, and/or improvement plans to the point of connection with a public system, or to the point at which storm water that is collected from public street right-of-way, public park or open space areas is first introduced into the system. Downstream, from that point, the storm drain system shall be public. An encroachment permit shall be processed and approved by the City for private storm drains within the public right-of-way or within C.F.D. maintained Open Space lots. (Engineering) 15. Provide runoff detention basins or other facilities approved by the City Engineer to reduce the quantity of runoff from the development to an amount equal to or less than the present 1 DO-year frequency runoff and demonstrate the adequacy of existing facilities to the satisfaction ofthe City Engineer. (Engineering) 16. Comply with all the provisions of the National Pollutant Discharge Elimination System (NPDES) and the Clean Water Program during and after all phases of the development process, including but not limited to: mass grading, rough grading, construction of street and landscaping improvements, and construction of dwelling units. (Engineering) 15 ¡CjfJ/ J~ "---- 17. Submit with grading and drainage and/or improvement plans, as applicable, hydrologic and hydraulic studies and calculations, including dry lane calculations for all public streets. Calculations shall also be provided to demonstrate the adequacy of downstream drainage structures, pipes and inlets. (Engineering) 18. Design storm drain to conform to the adopted Subdivision Manual and Grading Ordinance as may be amended from time to time. (Engineering) 19. Design drainage to prevent diversion of drainage flows between tributary areas. In addition, Lots 1-12 shall drain to Telegraph Canyon drainage basin and Lots 13-16 to Salt Creek drainage basin. (Engineering) 20. Design, to the satisfaction of the City Engineer, all storm drains, and other drainage facilities to include Best Management Practices to minimize non-point source pollution. (Engineering) 21. Design and construct the inclination of each cut or fill surface resulting in a slope to not be steeper than 2: 1 (two horizontal to one vertical) except for minor slopes as herein defined. A minor slope may be constructed no steeper than one and one-half horizontal to one vertical (1.5: 1) contingent upon: a) Submission of reports by both a soils engineer and a certified engineering geologist containing the results of surface and subsurface exploration and analysis. These results should be sufficient for the soils engineer and engineering geologist to certify that in their professional opinion, the underlying bedrock and soil supporting the slope have strength characteristics sufficient to provide a stable slope and will not pose a danger to persons or property, and that the minor slopes have been designed for proper stability considering, both geological and soil properties. b) The installation of a City approved special slope planting program and irrigation system. c) A Minor Slope is defined as a slope four (4) feet or less in vertical dimension in either cut or fill, between individual lots and not parallel to any roadway. (Engineering) 22. Locate lot lines at the top of slopes except as approved by the City Engineer. Lots shall be so graded as to drain to the street or an approved drainage system. Drainage shall not be permitted to flow over slopes or onto adjacent property. (Engineering) 23. Submit in conjunction with the submittal of the first Request for Issuance of Building Permit form (PWE 106A) for the project, a list that includes all of the lots within the project and indicates the geologic condition(s) that will underlie the structures to be built on each of the lots (i.e. fill, cut, or a transition between the two geologic conditions). The subject list is to 16 /9ß ~/? be completed, signed and stamped by the Engineer-of- Work and the Soils Engineer. (Engineering) 24. Comply with all applicable regulations established by the United States Environmental Protection Agency (USEP A) as set forth in the National Pollutant Discharge Elimination System (N.P.D.E.S.) pennit requirements for urban runoff and stonn water discharge and any regulations adopted by the City of Chula Vista pursuant to the N.P.D.E.S. regulations or requirements. Further, the applicant shall file notice of intent with the State Water Resources Control Board to obtain coverage under the N.P.D.E.S. General Pennit for stonn water discharges associated with construction activity and shall implement a Stonn Water Pollution Prevention Plan (SWPPP) concurrent with the commencement of grading activities. The SWPPP shall include both construction and post construction pollution prevention and pollution control measures and shall identify funding mechanisms for post construction control measures. (Engineering) 25. Provide energy dissipators at all stonn drain outlets as required by the City Engineer to maintain non-erosive flow velocities. (Engineering) 26. Install public stonn drains as close to perpendicular slope contours as possible but in no case greater than 15 degrees from perpendicular to the contours. Install stonn drain clean-outs such that they are not located on slopes or in inaccessible areas for maintenance equipment. (Engineering) 27. Brow ditches that cross over slopes greater than 10 feet in height and steeper than 3: 1 gradient shall not be allowed. Drainage shall be collected in an inlet and carried via underground storm drain to the bottom of the slope or a drain inlet connected to an underground stonn drain. (Engineering) 28. Design stonn drain such that no storm drain pipes run parallel and along slopes unless otherwise approved by City Engineer. (Pipes are run underground) (Engineering) 29. Provide a graded access (12 feet minimum width) and access easement as required by the City Engineer to all public stonn drain inlet structures, including any permanent detention!desiltation basin outlet structures. (Engineering) 30. Provide an improved access as detennined by the City Engineer to each public drainage structure located within private open space lots. (Engineering) 31. Designate all drainage facilities draining private property to the point of connection with public facilities as private. (Engineering) 32. Request that the Federal Emergency Management Agency (FEMA) revise the effective Flood Insurance Rate Map (FIRM) and Flood Insurance Study (FIS) report for the area influenced 17 /;J!f-/? by the project and provide all required information and documents needed by FEMA to process this request. (Engineering) 33. Provide a 12-foot-wide, 6-inch-thick concrete access road to the bottom of any proposed detention basins. This access shall have a maximum slope of 8%, and a heavy broom finish on the ramp or as directed by the City Engineer. (Engineering) 34. Prepare, submit and obtain approval by the City Engineer, Director of Planning and Building for the following plans prior to issuance of mass grading plans: a) Erosion and sedimentation control plan prior to approval of grading plans. b) Detailed landscape and irrigation plans, including water management guidelines in accordance with the Chula Vista Landscape Manual. c) Comprehensive Landscape Master Plan for the Project. (Engineering) SEWER 35. Sewer system shall be designed such that no diversion is allowed. 36. Sewer diversion from Salt Creek Sewer Basin to Telegraph Canyon Sewer Basin may be considered and condition 35 above deemed satisfied by the City Engineer if all of the following items are resolved to the satisfaction of the City Engineer: a) Conduct a sewer study as determined by the City Engineer, of the entire length of the affected sewer line (Telegraph Canyon Gravity Sewer Line) to demonstrate, to the satisfaction of the City Engineer, that there is adequate capacity in that basin. b) Pay for all upgrade costs beyond those costs already identified in the Telegraph Canyon Sewer Study by Willdan Associates, dated 1992. c) Pay fair share of the appropriate Development Impact Fee(s), as determined by the City Engineer. (Engineering) d) Based on the sewer study and as deemed necessary by the City Engineer, upgrade, all sewer line segments identified in said study, if such segment exceeds City design criteria for acceptable sewer peak flows. e) Developer is entitled, at the discretion of the City Engineer, to DIF cash or credit reimbursement for the upgrade of sewer line segments identified in the sewer study and constructed by the Developer and accepted by the City. (Engineering) 18 Ie; g -' IcY' 37. Locate all sewer access points (manholes) at the centerline of streets or cul-de-sacs or at the center of a travel lane unless otherwise approved by the City Engineer and Director of Public Works. (Engineering) 38. Provide an access road with a minimum width of 12 feet to all sanitary sewer access points using such construction material as approved by the Director of Public Works. The roadway shall be designed for an H-20 wheel load or other loading as approved by the City Engineer. Sewer lines shall be installed as close to perpendicular to the slope contours as possible but in no case greater than 15 degrees from perpendicular to the contours. (Engineering) 39. Grant on the Final Map a 20 feet minimum sewer and access easement for any sewer lines located between individual lots unless otherwise directed by the City Engineer. All other easements shall meet City standards for required width. (Engineering) 40. Install parallel sewer lines for sewer lines greater than 15 feet in depth if lateral lines are to be connected to these lines unless otherwise approved by the City Engineer. For sewer lines greater than 20' in depth, C900 PVC shall be used from manhole to manhole. (Engineering) 41. Design and construct sewer access points such that they are not located on slopes or in areas inaccessible for maintenance equipment. (Engineering) 42. Provide sewer manholes at all changes of alignment of grade. Sewers serving 10 or less equivalent dwelling units shall have a minimum grade of 1 %. (Engineering) 43. Design and construct all sewers ending in a cul-de-sac with a manhole placed at the center of the cul-de-sac, unless otherwise approved by the City Engineer. (Engineering) OPEN SP ACE/ ASSESSMENTS/CC&R'S 44. Submit, prior to the approval of the first Final Map, evidence, acceptable to the City Engineer and the Director of Planning and Building, of the formation of a Business Center Owner's Association (BCOA), or annexation oftrus project to the existing EastLake I Business Center Owners Association, or another financial mechanism acceptable to the City Manager. The BCOA formulation documents shall be approved by the City Attorney. CC&R's for the Project shall be submitted to the Planning and Building Department for review and approval prior to approval of the first final map, and shall include: a) Maintenance of all facilities located within open space lots by the Business Center Owner's Association (BCOA) shall include, but not be limited to: walls, fences, water fountains, lighting structures, paths, trails, access roads, drainage structures and landscaping. Each open space lot shall also be broken down by the number of acres. 19 17!f--/l . b) Include language in the CC&R's establishing the BCOA responsibility to maintain medians and parkways along Boswell Road, Fenton Street, Street A, Street B, Otay Lakes Road. c) Provisions which clearly indicate the responsibility, if any, of the individual owners to water and maintain irrigation and planting within the parkways. The CC&R's shall also indicate that the BCOA shall have both the authority and the obligation to enforce said maintenance. d) Name the City of Chula Vista as a party to the CC&R's, with the authority, but not the obligation, to enforce the terms and conditions of the CC&R's in the same manner as any owner within the business center. e) Include language in the CC&R's for the project specifying that individual owners may not modify the parkway planting. £) Before any revisions to provisions of the CC&R's that may particularly affect the City can become effective, said revisions shall be approved by the City. The BCOA shall not seek approval from the City of said revisions without the prior consent of 100 percent of the holders of first mortgages or property owners within the BCOA. g) The BCOA shall indemnify and hold the City harmless from any claims, demands, causes of action liability or loss related to or arising from the maintenance activities of the BCOA. h) The BCOA shall not seek to be released by the City ITom the maintenance obligations described herein without the prior consent of the City and 100 percent of the holders of first mortgages or property owners within the BCOA. i) The BCOA is required to procure and maintain a policy of comprehensive general liability insurance written on a per-occurrence basis in an amount not less than one million dollars combined single limit. The policy shall be acceptable to the City and name the City as additionally insured. j) The CC&R's shall incorporate restrictions for each lot adjoining open space lots containing walls maintained by the open space district to ensure that the property owners know that the walls may not be modified or supplemented nor may they encroach on City property. k) The CC&R's shall include provisions assuring maintenance of all streets, driveways, drainage and sewage systems that are private. 1) The CC&R's shall include provisions assuring BCOA membership in an advance notice such as the USA Dig Alert Service in perpetuity. 20 /7 !f ~ J-tJ m) Include provisions in the CC&R's assuring the maintenance of the required perimeter wall along the north property line oflots 2,3, 12 and 13, and east property line oflots 13, 14, 15, 16. n) Indicate in the CC&R's that the BCOA is responsible for the maintenance of those landscaping improvements that are not to be included in Open Space Districts, if any. The City Engineer and the Director of Planning and Building may require that some of those improvements shall be maintained by the other financial mechanism. (Engineering) 45. Pay all costs associated with apportionment of assessments (AD. 90-3) for all City assessment districts as a result of subdivision of lands within the boundary prior to approval of each Final Map. Submit an apportionment form and provide a deposit as determined by and to the City to cover costs. (Engineering) 46. Submit all Special Tax and Assessment disclosure forms for each lot or EDU for the approval of the City Engineer. (Engineering) 47. Enter into an agreement to grant and maintain easements as necessary for landscaping maintained by a homeowner's Association within City right-of-way or such other areas required by the City prior to approval of each final map. (Engineering) 48. Locate lot lines at the top of all slopes. Slope areas located below lot lines shall be open- spaced lots to be maintained by the BCOA or other approved maintenance to the satisfaction of the City Engineer and Director of Planning and Building. Acreage shall be shown for each open-space lot. (Engineering) WATER 49. Provide to the City a letter from Otay Municipal Water District indicating that the assessments/bonded indebtedness for all parcels dedicated or granted in fee to the City has been paid or that no assessments exist on the parcel(s). (Engineering) 50. Present verification to the City Engineer in the form of a letter fÌ'om Otay Water District that the subdivision will be provided adequate water service and long term water storage facilities, including fire protection requirements. (Engineering) EASEMENTS 51. Indicate on each Final Map a reservation of easements to the future Homeowners Association for private storm drain, if any, within open space lots as directed by the City Engineer. (Engineering) 21 / 1~(J~02/ 52. Acquire and then grant to the City all off-site rights-of-way necessary for the installation of required street improvements for the affected phase prior to approval of the corresponding Final Map. (Engineering) 53. Notify the City at least 60 days prior to consideration of the final map by City if any off-site right-of-way cannot be obtained as required by the Conditions of approval. (Only off-site right-of-way or easements affected by Section 66462.5 of the Subdivision Map Act are covered by this condition.) After said notification, the developer shall: a) Pay the full cost of acquiring off-site right-of-way and/or easements required by the Conditions of Approval of the Tentative Map. b) Deposit with the City the estimated cost of acquiring said right-of-way and/or easements. Said estimate to be approved by the City Engineer. c) Have all easements and/or right-of-way documents and plats prepared and appraisals complete which are necessary to commence condemnation proceedings as determined by the City Attorney. d) Request that the City use its powers of Eminent Domain to acquire right-of-way, easements or licenses needed for off-site improvements or work related to the Final Map. The developers shall pay all costs, both direct and indirect incurred in said acquisition. The requirements of 53a, 53b, and 53c shall be accomplished prior to the approval of the Final Map. (Engineering) 54. Where a private storm drain easement will parallel a public sewer easement, the easements shall be delineated separately on the Final Map and on the Grading and Improvement plans. If any portion of the easements will overlap one another, the City shall have a superior right to the common portion of the easements. (Engineering) 55. Prior to approval of each Final Map, the City Engineer may require either the removal or the subordination of any easement that may unreasonably interfere with the full and complete exercise of any required public easement or right-of-way. (Engineering) 56. Provide easements to the City of Chula Vista for all on-site and off-site public drainage facilities, sewers, maintenance roads, private detention basins and any other private and public facilities necessary to the City to provide service to the subject subdivision. (Engineering) 22 /'j f] ,/ d-~ -- A G REEMENTS/FIN AN CIAL 57. Enter into a supplemental agreement with the City, prior to approval of each Final Map, where the developer agrees to the following: a) That the City may withhold building permits for the subject subdivision if anyone of the following occur: i) Regional development threshold limits set by the adopted East Chula Vista Transportation Phasing Plan have been reached. ii) Traffic volumes, levels of service, public utilities and/or services exceed the threshold standards in the then effective Growth Management Ordinance. iii) The required public facilities, as identified in the Public Facilities Finance Plan as amended or otherwise conditioned, have not been completed or constructed to satisfaction of the city. The Developer may propose changes in the timing and sequencing of development and the construction of improvements affected. In such case, the PFFP may be amended as approved by the City Planning and Building director and City Engineer. b) That the City may withhold building permits for any of the phases of development identified in the Public Facility Finance Plan (PFFP) for EastLake Business Center II if the required facilities, as identified in the PFFP, or as may be amended ITom time to time, have not been completed. c) Defend, indemnify, and hold harmless the City and its agents, officers and employees, from any claim, action or proceeding against the City, or its agents, officers or employees to attack, set aside, void or annul any approval by the City, including approval by its Planning Commission, City Councilor any approval by its agents, officers, or employees with regard to this subdivision provided the City promptly notifies the subdivider of any claim, action or proceeding and on the further condition that the City fully cooperates in the defense. d) Hold the City harmless from any liability for erosion, siltation or increase flow of drainage resulting from this project. e) Ensure that all franchised cable television companies ("Cable Company") are permitted equal opportunity to place conduit and provide cable television service to each lot within the project area. Developer agrees that the City of Chula Vista may grant access to cable television companies franchised by the City of Chula Vista to place conduit within the City's easement situated within the Project. Developer shall restrict access to the conduit to only those ITanchised cable television companies who 23 /1!f ~~J are, and remain in compliance with, all of the terms and conditions of the franchise and which are in further compliance with all other rules, regulations, ordinances and procedures regulating and affecting the operation of cable television companies as same may have been, or may from time to time be issued by the City ofChula Vista. t) That the City may withhold the issuance of building permits for the Project, should the Developer be determined by the City to be in breach of any of the terms of the Tentative Map Conditions or any Supplemental Agreement. The City shall provide the Developer of notice of such determination and allow the Developer reasonable time to cure said breach. (Planning/ Engineering) 58. Enter into a supplemental agreement with the City prior to approval of each Final Map, where the developer agrees not protest the formation of any future regional impact fee program or facilities benefit district to finance the construction of regional facilities. (Engineering) 59. Enter into an agreement with the City agreeing to modify the EastLake I Business Center II Supplemental Water Conservation Plan as necessary to incorporate all new water conservation policies adopted by City Council after approval of this SPA. (Planning) FIRE 60. Provide fire hydrants at location shown in the tentative map to the satisfaction of the City of Chula Vista Fire Marshal. (Fire) 61. Provide the Initial Cycle of fire management/brush clearance within lots adjacent to natural open space areas subject to approval by the Fire Marshall and Director of Planning and Building. (Fire) 62. Install and make operable fire hydrants or equivalent fire protection to the satisfaction of the City Fire Marshal, and 20' fire access roads prior to delivery of combustible building materials. (Fire) MISCELLANEOUS 63. Submit a copy of each subdivision in a digital D.X.F. file format as required by the City Engineer, prior to approval of each Final Map or as requested by the City Engineer. (Engineering) 64. Tie the boundary of the subdivision to the California System-Zone VI (1983). (Engineering) 65. If developer desires to do certain work on the property after approval of the Tentative Map, but prior to recordation of the applicable Final Map, they may do so by obtaining the 24 /1ð-~y required approvals and permits from the City. The permits can be approved or denied by the City in accordance with the City's Municipal Code, regulations and policies. Said permits do not constitute a guarantee that subsequent submittal (i.e., Final Map and Improvement Plans) will be approved. All work performed by the developer prior to approval of the Final Map shall be at the developers own risk. Prior to permit issuance, the developer shall acknowledge in writing that subsequent submittal (i.e., Final Map and Improvement Plans) may require extensive changes, at developers cost, to work done under such early pennit Prior to the issuance of a permit, the developer shall post a bond or other security acceptable to the City in an amount determined by the City to guarantee the rehabilitation of the land if the applicable Final Map does not record. (Engineering) 66. Agree to provide noise study prior to issuance of the first building permit for each Lot to identify noise impacts generated by industrial uses and determine the necessary mitigation measures to insure that the allowable noise levels as prescribed in the Performance Standards of the Chula Vista Municipal Code are not exceeded. The developer shall implement all mitigation measures recommended in the noise study to reduce noise impacts to the surrounding residential neighborhoods. (Planning/ Engineering) 67. Agree to participate in a regional or sub-regional multi-species coastal sage scrub conservation plan prior to approval of the first Final Map. (Planning) 68. In the event of a filing of a Final Map which requires over sizing (in accordance with the restrictions of state law and City ordinances) of the improvements necessary to serve other properties, said Final Map shall be required to install all necessary improvements to serve the project plus the necessary over sizing of facilities required to serve such other properties. The developer may seek repayment from other property owners through a reimbursement district. (Engineering) 69. Contract with the City's current street sweeping franchisee, or other server approved by the Director of Public Works to provide street sweeping for each phase of development on a frequency and level of service comparable to that provided for similar areas of the City. The developer shall cause street sweeping to commence immediately after the final lot, in each phase, is occupied and shall continue sweeping until such time that the City has accepted the street or 60 days after completion of all punch list items, whichever is shorter. (Conservation Coordinator) 70. Provide the City Conservation Coordinator with a copy of the memo requesting street sweeping service. The memo shall include a map of areas to be swept and the date the sweeping will begin. (Conservation Coordinator) 71. Incorporate an open space lot with minimum with of lOft. along the north property line of lots 3, 12 and 13. (Engineering/Planning) 25 /~3 ~ ~ç 71a Install landscape and irrigation system on all open space lots adjacent to the northerly adjacent residential area immediately after grading. CODE REQUIREMENTS 72. Underground all utilities within the subdivision in accordance with Municipal Code requirements. (Engine ering) 73. Comply with all relevant Federal, State, and Local regulations, including the Clean Water Act. The developer shall be responsible for providing all required testing and documentation to demonstrate said compliance as required by the City Engineer.(Engineering) 74. Submit the necessary Planning Application and processing fee to modify the EastLake III General Development plan text, maps and statistics to reflect the detachment of 108 acres of Research and Limited Manufacturing land use, as adopted in this Resolution prior to approval of the first Final Map in the Business Center II. (Planning) 75. Revise the EastLake II GDP, EastLake I SPA documents, as deemed appropriate by City staff, deleting strike underline and references to previous documents. After final revisions submit to the Planning Department 20 final prints in plastic binders prior to issuance of the first building permit for the Project. (Planning) 76. A comprehensive fencing plan indicating design, color, materials, height and location of all perimeter and interior fences shall be reviewed and approved by the Director of Planning and Building, and incorporated in the EastLake I Business Center Community Design Guidelines prior to approval of the first final map. (Planning) 77. Comply with all applicable sections of the Chula Vista Municipal Code. Preparation of the Final Map and all plans shall be in accordance with the provisions of the Subdivision Map Act and the City of Chula Vista Subdivision Ordinance and Subdivision Manual. Compliance with the City of Chula Vista threshold standards, based on actual development patterns and updated forecasts in reliance on changing entitlement and market conditions, shall govern EastLake Business Center II development patterns and the facility improvement requirements to serve such development. In addition, the sequence in which improvements are constructed shall correspond to any future Eastern Chula Vista Transportation Phasing Plan or amendment to the Growth Management Program and Ordinance adopted by the City. The City Engineer may modify the sequence of improvement construction should conditions change to warrant such a revision. (Engineering) 78. Pay all applicable fees in accordance with the City Code and Council Policy, including, but not limited to, the following: a) The Transportation and Public Facilities Development Impact Fees. b) Signal Participation Fees. 26 /:J{f - ~¡, c) All applicable sewer fees, including but not limited to sewer connection fees. d) Interim SR-125 impact fee. e) Telegraph Canyon (Gravity Flow) Sewer Basin DIF. f) Salt Creek Sewer Basin DIF as may be adopted by the City in the future. g) Telegraph Canyon Basin Drainage DIF. h) Salt Creek Basin Drainage DIF. i) Telegraph Canyon Sewer Pumped Flow DIF. Pay the amount of said fees in effect at the time of issuance of building permits. (Engineering) 79. Ensure that prospective purchasers sign a "Notice of Special Taxes and Assessments" pursuant to Municipal Code Section 5.46.020 regarding projected taxes and assessments. Submit the disclosure form for approval by the City Engineer prior to Final Map approval. (Engineering) 80. Comply with Council Policy No. 522-02 regarding maintenance of natural channels within open spaces. (Engineering) 81. Comply with all aspects of the City of Chula Vista Landscape Manual. (Engineering) 82. The Applicant shall comply with Chapter 19.09 ofthe Chula Vista Municipal Code (Growth Management) as may be amended from time to time by the City. Said chapter includes but is not limited to Threshold Standards (19.09.04), Public Facilities Finance Plan implementation (19.09.090), and Public Facilities Finance Plan amendment procedures (19.09.100). (Engineering) XV. CONSEQUENCE OF FAILURE OF CONDITIONS If any of the foregoing conditions fail to occur, or if they are, by their terms, to be implemented and maintained over time, and any of such conditions fail to be so implemented and maintained according to their terms, the City shall have the right to revoke or modifY all approvals herein granted, deny or further condition issuance of future building permits, deny, revoke or further condition all certificates of occupancy issued under the authority of approvals herein granted, instituted and prosecute, litigate or compel their compliance or seek damages for their violations. No vested rights are gained by Developer or successor in interest by the City approval of this Resolution. XVI. INVALIDITY; AUTOMATIC REVOCATION It is the intention of the City Council that its adoption of this Resolution is dependent upon enforceability of each and every term, provision and condition herein stated; and that in the event that anyone of more terms, provisions or conditions are determined by the court of 27 /93~;2l competent jurisdiction to be invalid or unenforceable, if the City so determines in its sole discretion, this resolution shall be deemed to be revoked and no further in force or in effect. XVII. NOTICE OF DETERMINATION That the Environmental Review Coordinator of the City ofChula Vista is directed after City Council approval of this Project to ensure that a Notice of Determination is filed with the County Clerk of the County of San Diego. These Documents, along with any documents submitted to the decision-makers, including documents specified in the Public Resources Code Section 21167.6, Subdivision(s), shall comprise the entire record of the proceedings for any claims under the California Environmental Quality Act (UCEQA") (Pub. Resources Code 21000 et seq.). Presented by Approved as to form by /~ . / /; I . /{/-C::::~zlt£~¿Cá\ J¡£;/ ..-hak~ Robert A. Leiter / ( . Johr¡,M. Kaheny '- -' Planning and Building Director PitY Attorney H: \Home \Pl anning\Charl ine \PCM -0002. CC R 28 ) J(?~c2r COUNCIL AGENDA STATEMENT Item J. ¡J - Meeting Date 11/ 16/99 ITEM TITLE: Public Hearing: PCM-00-06, Consideration of an amendment to the Rancho del Rey Sectional Planning Area I Guidelines in order to allow the placement of four monument signs within a public open space area situated along East H Street, and place directional signs within the Rancho del Rey Business/Commercial Center. Resolution of the Chula Vista City Council amending the Rancho del Rey Sectional Planning Area (SPA) I Design Guidelines, III order to allow the placement of monument signs within a public open space area situated along East H Street at the Rancho del Rey Business/Commercial Center, and place directional signs within the Center. SUBMITTED BY: Direcro~anning and Building ~ REVIEWED BY: City M ger (4/5ths Vote: Yes_No-X) Staff IS recommending that this item be continued to the November 23, 1999 City Council meeting. ~f}/ I Council Agenda statement Item: 02/ Meeting Date: November 16, 1999 Item Title: Report forwarding Recommendations for Charter Amendments Submitted by: Charter Review Commission 9 John Dorso, Chairperson~ 4/Sths Vote: ( ) Yes (X) No The Charter Review Commission has been meeting to discuss various amendments to the Charter to be placed on the March, 2000 ballot. At its meeting of May 17, 1999, the Commission unanimously approved the endorsement of a proposition for an increase to the Mayor's salary. At its meetings of August 16 and October 18, 1999, the Commission discussed a measure to be forwarded to Council for approval in regard to a "design-build" measure. Board and Commission Recommendation: Accept the recommendation of the Charter Review Commission to place Charter amendment measures on the March, 2000 ballot to: modify section 1009 relating to design-build and make a change to Sections 302 and 304(c) to adjust the salary received by Councilmembers and adjust the Mayor's salary based on a percentage of the salary of a Judge of the Superior Court. Discussion: To be placed on the March 2000 ballot, the Council must approve any proposed language by December 10, 1999. Charter section 1009. Desiqn-Build. Section 1009 of the City Charter currently requires that all city public works projects costing in excess of $50,000 be awarded to the "lowest responsible bidder." The only exception to the rule is in the event of an emergency. The purpose of this provision is to assure that significant public works contracts are awarded based upon the relative cost of the proposals rather than based upon more subjective factors that may result in favoritism. until 1996, general law cities had also been governed by a "lowest responsible bidder" requirement for all their significant public works projects. However, effective January 1, 1996, amendments to the Government. Code allowed general law cities under certain ~/- / Item Meeting Date: November 16, 1999 Page 2 circumstances to award public works contracts in accordance with what is commonly known as a "design-build" contract. For years the traditional approach to public works contracting had been a two-step process. First, a public agency would, either internally or by bid, arrange for the design of a public works project. Once the project specifications were developed, these would be advertised and the City would accept bids from general contractors to do the work. The contract was always awarded to the "lowest responsible bidder". Responsible has been interpreted by the courts as meaning a party who is qualified to do the work. "Responsible" does not mean the party "best qualified" to do the work. Once a general contractor was selected, he public agency would enter into an agreement with that general contractor. The general contractor was responsible for entering into contracts with various subcontractors who would perform the work. Over the years a number of problems have developed with this approach including the amount of time associated with preparing the design work RFP, advertising the work, reviewing bids and negotiating a contract with the most qualified submittal. After the project is designed, you then need to again go out to bid, give a reasonable time to respond, select the lowest responsible general contractor and negotiate another contract. Second, the lowest responsible bidder approach to public works projects gives general contractors an incentive to underbid a job in order to get the contract. Thus, many projects do not get built for the actual prevailing bid, but only after multiple delays and cost additions resulting from project "change orders". The "design-build" approach is intended to reduce the time it takes to develop and award a project, and reduce the project's exposure to cost overruns and change orders. It accomplishes this by combining the design and construction contracts for the project. The design and construction work are advertised as one package. What is submitted for bid are "concept plans." Bids are then solicited from general contractor and design/architect teams. The contract is awarded to the team which submits the project that the City prefers in all respects, including quality of the design, reputation and qualifications of the submitting parties, the costs for the project, and the development time table. When the project is awarded, the architect becomes a subcontractor of the general c1/-~ Item Meeting Date: November 16, 1999 Page 3 contractor. Oftentimes, the contract is negotiated to require that it be delivered at a specified price, regardless of change orders. With this approach, time is saved because there is only one bid package submitted, the design-build package. Working together, the general contractor and architect have an incentive to be practical in their design as they know that they are" in the proj ect together" and cannot point the finger at one another in the event that costs overruns or delays arise. As mentioned above, the kind of contract negotiated may even require project delivery at a specified price. In recognition of the potential benefits of this approach, design- build is now an option for general law cities under certain conditions. Ironically, Charter cities with "lowest responsible bidder" provisions in their Charters cannot take advantage of this revised legislation. Traditionally, Charter cities have had more flexibility in public contracting than general law cities. However, that is no longer the case. This proposal would allow the City to consider the "design-build" approach for public works projects. If adopted, the Council would then consider an ordinance with the implementing guidelines for a "design-build" program. Charter Section 302. Compensation for Councilmembers. Charter section 302, currently ties Councilmember salary to a percentage of the Mayor salary. This amendment would provide Councilmembers with a compensation package at 40% of what the Mayor recelves. Additionally, this section would be amended to eliminate the $50 per month reimbursement for out of pocket expenses. This section already contains a reimbursement provision to provide for any out of pocket expenses incurred by the Councilmembers. It is proposed that the measure be effective as of December 2, 2002. Charter section 304. presidinq Officer, Mayor. Section 304 was last amended in 1988 setting the Mayor's salary at $37,200. This amount has incrementally increased since that time pursuant to adjustments based on the Consumer Price Index resulting in a current salary of $46,210. This amendment will set the Mayor's salary at 66% of the salary of a Superior Court Judge. The benefits equal those provided to the City Manager. This provision c2 / ~_J Item Meeting Date: November 16, 1999 Page 4 will eliminate the $50 reimbursement per month for out of pocket expenses, as it is repetitive of the existing reimbursement provision. Finally, this amendment will eliminate the provision allowing annual increases based on the Consumer Price Index. The salary of a Superior Court Judge is currently set at $117,912. This would place the Mayor's salary at $77,821 and Councilmember salary at $31, 130. Any salary increase would be tied to an increase of the salary of the Superior Court bench. The salary of a Judge is tied to the salary of state employees. When certain state employees are awarded a raise by the legislature, the salary of the bench and, consequently, the Mayor and Council salaries will be adjusted. It is proposed that this amendment be effective for the term beginning in December of 2002. FISCAL IMPACT: The proposed Charter amendment regarding Mayor/Council salaries would create a fiscal impact in FY 2003. The Mayor's salary would be increased from $46,210 to $77,821. The Councilmembers' salary would be 40% of the Mayor's and be set at $31,130, an increase of $12,646. H:\home\lorraine\al13\crc.rep c2/-i Desiqn Build Shall Section 1009 of the Charter be amended to YES permit the City to employ a design-build process for the construction, reconstruction or repair of public works? NO Sec. 1009. Contracts on Public Works. In the construction, reconstruction, or repair of public buildings, streets, drains, sewers, parks, playgrounds and other public works, the furnishing of supplies, materials, equipment or contractual services for same shall be done by written contract approved as to form and legality by the City Attorney. Every project involving an expenditure of fifty thousand dollars ($50,000.00) or more for the construction, reconstruction, improvement or repair of public buildings, streets, drains, sewers, utilities, parks and playgrounds and other public works, and the furnishing of supplies, materials, equipment or contractual services for same shall be done by written contract except as otherwise provided in this chapter, and the Council, upon the recommendation of the City Manager, shall let said contract to the lowest responsible bidder after notice by publication in the official newspaper for sealed bids for the work contemplated by one or more insertions, the first of which shall be at least ten days before the time for opening bids. If the cost of said public works project is more than the sum of twenty-five thousand dollars ($25,000.00) but less than fifty thousand dollars ($50,000.00), the City Council may let said contract without advertising for bids after the City Manager or his designated agent has secured competitive prices from interested contractors; which shall be considered by the Council before said contract is let. If the project involves the expenditure of twenty five thousand dollars ($25,000.00) or less, the City Manager may cause such written contract to be let without advertising for bids. However, except in emergencies, the City Engineer or the Purchasing Agent shall obtain informal bids. The project shall be awarded to the lowest responsible bidder whose bid is determined to be, in all respects, most advantageous to the public interest. The City Engineer may solicit such bids personally, by telephone or by mail, and shall submit to the Purchasing Agent and the City Manager a written account of the procedures used and the bids thus obtained. A copy of said informal bidding procedure shall be filed in the Office of the City Clerk as a public record. The City Council may, however, declare and determine that, in its opinion, based upon estimates approved by and the recommendations of the City Manager, said projects may be excepted from the requirements of this section because the work in question may be performed better or more economically by the City with its ~/--~ own employees, and by a resolution to this effect, adopted by at least four affirmative votes of the Council, order the performance of any such construction, reconstruction, improvement or repair by appropriate City forces. All bids of more than fifty thousand dollars ($50,000.00) shall be accompanied by either a certified or cashier's check, or a bidder's bond executed by a corporate surety authorized to engage in such business in California, made payable to the City. Such security shall be in an amount not less than that specified in the notice inviting bids or in the specifications referred to therein, or if no amount be so specified, then in an amount not less than ten percent (10%) of the aggregate amount of the bid. If the successful bidder neglects or refuses to enter into the contract within the time specified in the notice inviting bids or specifications referred to therein, the amount of his bidder's security shall be declared forfeited to the City and shall be collected and paid into its general fund and all bonds so forfeited shall be prosecuted and the amount thereof collected and paid into such fund. The City Council shall be competent to award any contract by comparison of bids on the basis of several factors including timely completion. Such an award shall be secured by a surety bond as hereinabove provided with adequate sureties and penalties, and provided, further, that for any contract awarded solely or partially on a specified time for completion, the Council shall not extend such time limits unless such extension Be recommended by the City Manager and the head of the Department concerned. The City Council may reject any and all bids presented and may readvertise in its discretion. The city Council may waive any defects in any bid to the extent it finds at a public hearing held for that purpose that it is necessary to do so for the benefit of the public. Contracts may likewise be let without advertising for bids if such work shall be deemed by the City Council to be of urgent necessity for the preservation of life, health or property, and shall be authorized by resolution passed by at least four affirmative votes of the Council and containing a declaration of the facts constituting such urgency; provided, however, that nothing in this section shall prevent the City Manager from taking any and all means necessary to make emergency repairs in the event of immediate need arising from any calamity or disaster. Notwithstandinq any provisions of this Charter to the contrary, the city may employ a desiqn-build process for the construction, reconstruction or repair of public works. A "desiqn-build process" shall mean a process in which the desiqn and construction of a proiect are procured from a sinqle entity. Prior to employinq the desiqn-build process, the city shall establish, by ordinance, specific procedures and standards to be used to solicit, qualify, evaluate and select desiqn-build proposals by competitive bid or neqotiation process. 02; -- ¡, Mayoral and Council Salary YES Shall sections 302 and 304(c) of the Charter be amended to adjust the salary received by Councilmembers and adjust the Mayor's salary based on a percentage of the salary of a Judge NO of the Superior Court of the State of California? Sec. 302. Compensation for Councilmembers. (Effective December 2, 2002) The four Councilmembers shall receive, as compensation for their services, forty percent (40%) of the salary of the Mayor. They shall receive reimbursement on order of the city Council for Council-authorized travel and other expenses then on official duty of the City. In .:lddition, e.:lch Councilmember oh.:lll receive the Dum of fifty doll.:lro ($50.00) per month l,:hich .:lmount oh.:lll be deemed to be reimburoement of other out of pocket expenditureo .:lnd cooto impooed in oerving the office. The City Council may also provide, by resolution, for the payment to Councilmembers of an allowance of a sum certain per month to reimburse them for the additional demands and expenses made upon and incurred by them in serving as Councilmembers. Sec. 304. presidinq Officer, Mayor. (Effective December 2, 2002) (c) Compensation. The Mayor shall receive an annual salary equivalent to 66% of the salary of a Judqe of the Superior Court of the State of California. The Mayor shall also of thirty oe'v'en thouo.:lnd tl,.TO hundred doll.:lro ($37,200.00) per ye.:lr .:lnd oh.:lll receive reimbursement on order of the Council for Council- authorized travel and other expenses when on official duty out of the City, .:lnd in .:lddition, oh.:lll receive the Dum of fifty doll.:lro ($50.00) per month, l,:hich .:lmount oh.:lll be deemed to be reimburoement of other out of poc]'Cet expenditureo. The City Council may also provide, by resolution, for the payment to the Mayor of an allowance of a sum certain per month, as reimbursement for the additional demands and expenses made upon and incurred by the Mayor. The o.:ll.:lry provided herein m.:lY be .:lnnu.:llly incre.:loed beyond o.:lid .:lmount by.:l reoolution of the City Council in.:ln .:lffiOunt not to exceed the l\.ll Urb.:ln Conoumero/l\.ll Itemo Component of the 8.J.n Diego Metropolit.J.n l\.re.:l U (Bro.:lder B.J.oe) Conoumer Price Index, or beyond o.:lid incre.:loed .:lmount, by.:l vote of the people. J I/' ? PENDING SIGNATURE FROM LEVITON BUSINESS INCENTIVE AGREEMENT BETWEEN CITY OF CHULA VISTA AND LEVITON MANUFACTURING COMPANY, INC. This Agreement, dated this day of November, 1999, for the purposes of reference only and effective as of the date last executed between the parties, is made between the City of Chula Vista, a chartered municipal corporation of the State of California ("city"), and Leviton Manufacturing Company, Inc. ("Leviton"), and is made with reference to the following facts: 1. Recitals: A. City wishes to strengthen the local economy, ensuring both a growing tax base and growing employment opportunities for Chula vista residents. B. City, in coordination with EastLake Development Company ("EastLake") , previously established a Hightech/Biotech Incentive Zone via Ordinance No. 2621 in order to offer incentives to qualifying technology-based companies to encourage their location within the EastLake Business Center (Phases I and II). C. city and EastLake are coordinating to encourage Leviton Manufacturing Company, Inc. ("Leviton") to locate its Western Regional Facility ("Leviton's Project") within the EastLake Business Center Phase II, and to make available and ready for development the balance of Phase II to additional hightech businesses. D. Leviton Manufacturing Company, Inc. ("Leviton") is an electrical products and components manufacturing business that wishes to relocate from its existing San Diego facility and to expand its business by the acquisition of land and construction of a western regional facility ("Leviton's proj ect") in the City of Chula Vista. E. Leviton's western regional facility will initially consist of a 90,000 square foot building and will employ at least 200 employees within 5 years, 75% of which will be engineering, managerial or office employees. F. Leviton had considered locating its western regional facility outside of the City of Chula vista. A key consideration was the significant differential in the cost of fees related to the two sites. The City wishes to facilitate a reduction in fee costs related to the Chula vista site in order to make the site more economically competitive. G. In order to reduce costs to Leviton, the City and EastLake 1 A-13 agree to mutual concessions which result in EastLake and the City reducing Leviton's City fee obligations to the Interim SR 125 DIF fee and its Mello-Roos fees to $176,043.00. H. EastLake has entered into an agreement with Leviton for the sale of a certain parcel of land within the EastLake Business Center Phase II. I. city and Leviton are both interested in and committed to taking all necessary steps to facilitate the construction and operation of Leviton's Project within the City. II. Obligatory Provisions. Now, therefore, the parties agree as follows: A. Leviton's Obligations. 1. Leviton agrees to construct at least a 90,000 square foot facility for office, research and development, distribution and light assembly purposes ("Facility"). Of the 90,000 square feet, at least 50,000 square feet shall be for office and research and development purposes. The design of the Facility shall provide for future expansion of the Facility to accommodate 70,000 square feet of office space, in the aggregate thereby reducing the total number of square feet provided for warehousing purposes. 2. Leviton shall complete construction of the facility at the Leviton Project no later than 12 months after the first building permit for the Leviton Project is issued by the City and shall commence operations within 14 months of receiving same building permit. 3. Leviton agrees to employ a minimum of 66 employees within 6 months of opening the Facility. Leviton further agrees to add at least 27 additional employees each of the 4 years thereafter of which 24 will be engineers and production management. Leviton agrees to employ a minimum of 200 employees by the end of year 5, including at least 110 employees earning a minimum of $50,000 per year. 4. Leviton, contemporaneous with execution of this Agreement, shall enter into the Employment Services Agreement in substantially the form attached hereto as Exhibit A. 2 A-14 5. Leviton agrees to operate in good faith its western regional facility within the City for no less than 10 years from the date it is initially opened for business. 6. While operating its western regional facility, Leviton agrees to coordinate with the City of Chula vista as relates to Leviton's participation in the San Diego County CONNECTORY, and the City's web page or similar web page within the City's discretion. B. Fee Related Concessions to be Granted by City and by EastLake. City agrees to bear, on the conditions subsequent herein stated, certain costs by granting the concessions, described herein, to Leviton. ("city's Duty to Provide Concessions"). 7. City hereby agrees to waive certain fees as listed on Exhibit B hereto. 8. city agrees to assume the cost of Leviton's $78,475 Public Facilities Development Impact Fee. 9. City agrees to defer Leviton's Interim SR 125 Toll Road fee of approximately $119,720 for at least five years from Leviton's receipt of a certificate of occupancy for the Chula Vista Facility. If, after such five years has run, City determines that: (1) 100% of SR 125 Toll Road financing has not been obtained (i.e., bonds have not been issued) and (ii) there is a need to collect fees to construct an interim arterial, Leviton must commence paying its entire SR 125 fee obligation within 30 days of City's written request to do so. Such fees shall be paid annually in equal amounts for up to 10 years at no interest cost. If City determines after such five years has run that payment by Leviton of the SR 125 fee is unnecessary, the City may, in its discretion, permanently waive the SR 125 DIF fees. 10. City will pay Leviton's $27,336 Assessment District 90-3 obligation and $52,664 of Leviton's Mello-Roos obligation (for a total of $80,000) with funds from the City's Community Development Block Grant Program (or other source as approved by the City Manager or Council as appropriate). 11. City agrees to negotiate in good faith an agreement 3 A-15 with EastLake which will provide for EastLake to apply its EDU credits in the amount required by the Leviton project, thereby eliminating Leviton's requirement to pay a Transportation Development Impact Fee of $625,026. 12. City agrees to negotiate in good faith an agreement with EastLake Development Company which provides for Eastlake to pay $100,000 towards Leviton's Sewer Participation, Telegraph Sewer, Telegraph Canyon Drainage and Traffic Signal fees in exchange for certain concessions to EastLake Development Company. The Agreement will require EastLake Development Company to apply any remaining funds to Leviton's Mello-Roos district fees of $23,293. 13. City agrees to allow concurrent processing of entitlements as to the Leviton Project for both EastLake and Leviton on the condition that both entities enter into an indemnification agreement in a form acceptable to the City Attorney as to such processlng. 14. City will allow prior to final map approval, grading of the site which Leviton will purchase on the condition that such grading plans meet all City requirements. 15. City agrees to establish an interdepartmental Leviton Project Team to meet regularly with the applicant(s) , to include an overall Project Manager, as well as Single Points of Contact in each of the City's Development Departments. 16. City will use its best efforts to process entitlements for the EastLake Business Center Phase II and the Leviton Manufacturing Western Regional facility, including but not limited to the entitlements identified in Exhibit C, and in compliance with the schedule shown in Exhibit C. The City agrees to use its best efforts to enable Leviton to pull building permits no later than January 17, 2000. The City's agreement to use its best efforts in this regard is contingent upon receiving all required applications and documentation from EastLake Development Company and from Leviton in an acceptable form and in a timely manner. 17. EastLake Business Center II and Leviton entitlements shall be subject to final approval of 4 A-16 the City Counc.il which reserves to itself such unfettered discretion as the law requires. Should the City Council not approve the City's business incentive agreement with EastLake, this agreement by and between City and Leviton shall be void. C. Conditions Subsequent. The Duty of City to grant the concessions as set forth above are subject to the following Conditions Subsequent, such that if any of the following conditions should occur, City's Duty to Provide Concessions as set forth above is voidable ab initio at the City's option. City may require Leviton to repay City, in cash, the total amount of fees waived or paid by City on behalf of Leviton and the total amount of grant funds or other awarded Leviton by the City to pay its fees as of the date any of the following Conditions Subsequent occurs. Those Conditions Subsequent are as follows: 18. Building Investment. Leviton shall fail to complete construction of an approximately 90,000 square foot facility in the EastLake Business Center within 12 months of the issuance of the first building permit for the facility. 19. Chula Vista Jobs Outreach. Leviton shall fail to execute the Employment Agreement attached hereto as Exhibit A and thereafter fail to comply with the terms thereof. 20. Commence Operations. Leviton shall fail to commence operations of its western regional facility within 14 months of receiving the first City building permit for the facility. 21. Employment. Leviton shall fail to employ the number and types of personnel within the annual and 5 year time periods as set forth in Section A.3. above. III. General Provisions. 22. No Partnership, Etc. Nothing herein contained shall be construed to create a partnership or joint venture between City and Leviton with respect to the development of the EastLake Business Center Phase II or any part thereof, nor shall City have any liability or obligation to any person whatsoever except its obligations to Leviton as specifically set forth herein. 5 A-17 23. Gender, Number. Whenever the context requires, the use herein of (i) the neuter gender includes the masculine and the feminine gender and (ii) the singular number includes the plural number. 24. Captions. Captions in this Agreement are inserted for convenience of reference only and do not affect the construction or interpretation of this Agreement. 25. Entire Agreement. This Agreement contain(s) the entire agreement between the parties relating to the transactions contemplated hereby and all prlor or contemporaneous agreements, understandings, representa- tions and statement, oral or written, are merged into and superseded by this Agreement. 26. Modification. No modifications, waiver or discharge of this Agreement shall be valid unless it is in writing and signed by the party against which the enforcement of the modification, waiver or discharge is or may be ought. Any modifications, waiver or discharge on the City's behalf must be approved by the City Council unless the authority has been specifically delegated in writing by the Council to another person, and such delegation specifically references this Agreement. 27. Invalidity. If any material covenant, condition or provision of this Agreement is held to be invalid, void or unenforceable by a final order or judgment of a court of competent jurisdiction, the remainder of this Agreement shall be enforceable. 28. Counterparts. This Agreement may be executed in any number of counterparts, all of which together shall constitute one instrument. 29. Applicable Law. This Agreement shall be construed and enforced in accordance with the laws of the state of California. 30. Force Majeure. Except with respect to any obligation to pay money when due, no party hereto shall be liable 6 A-18 for any delay or failure to perform this agreement caused by Force Majeure. As used herein, the term Force Majeure shall means acts of God; strikes; walkouts; labor disputes or disturbances; war; blockage¡ insurrection¡ riot¡ earthquakes, typhoons, hurricanes¡ floods; fires; explosions. In the event of Force Majeure likely to cause any such delay or failure, the parties suffering such Force Majeure shall give notice to the other party hereto, stating the particulars of such Force Majeure and shall to the extent it is capable of doing so, remove such cause with all reasonable dispatch, except that, no party shall be required to settle any strike, walkout, labor dispute or disturbance by acceding to the demands of the opposing party when such course is deemed inadvisable by such party. (NEXT PAGE IS SIGNATURE PAGE) 7 A-19 SIGNATURE PAGE TO BUSINESS INCENTIVE AGREEMENT BETWEEN CITY OF CHULA VISTA AND LEVITON MANUFACTURING COMPANY, INC. IN WITNESS WHEREOF, the parties hereto have caused this Letter of Intent to be executed the day and year first hereinabove set forth. THE CITY OF CHULA VISTA LEVITON MANUFACTURING COMPANY, INC. Shirley Horton, Mayor By: ATTEST: By: Susan Bigelow City Clerk Approved as to form by John M. Kaheny City Attorney H: \Home\Attorney\Agree\Leviton. 5 8 A-20 EXHIBIT A EMPLOYMENT AGREEMENT BETWEEN THE CITY OF CHULA VISTA, LEVITON MANUFACTURING CO. INC., AND THE SOUTH COUNTY CAREER CENTERIWORKFORCE PARTNERSHIP INC. This Agreement is entered into between the City of Chula Vista, herein referred to as the 'City', Leviton Manufacturing Co. Inc., herein referred to as the 'Leviton', and the South County Career Center, a division of the San Diego Workforce Partnership, Inc., herein referred to as the 'SCCC'. WHEREAS, the City of Chula Vista is providing certain financial incentives to Leviton Manufacturing Co. Inc. in order to assist the company to locate in Chula Vista and to create new job opportunities for local residents; and WHEREAS, the SCCC is located within the City of Chula Vista and offers a wide range of workforce development services in areas relevant to Leviton and to local job seekers; and WHEREAS, it is to the benefit of all parties that Leviton proactively recruit, hire and train Chula Vista residents for Leviton's new facility in the EastLake Business Center; NOW, THEREFORE, the parties hereto agree to coordinate efforts to facilitate Leviton's access to and use of the SCCC's services, including but not limited to employee recruitment, training and related workforce services, and to facilitate Chula Vista residents' access to Leviton job opportunities. ALL PARTIES AGREE THAT I. Leviton's Human Resources Director or designee and the SCCC's Employment Services Representative or designee will develop prior to Leviton occupying the Chula Vista facility a mutually beneficial Workforce Development Plan that addresses and encourages Leviton's use of the SCCC and the San Diego Workforce Partnership, Inc.'s Career Center Network, as follows: a. As a source of job candidates from the City of Chula Vista when said candidates are qualified and appropriate to fill the positions created at Leviton's new EastLake facility as well as subsequent Leviton vacancies; b. For posting Leviton's new EastLake facility job openings and subsequent vacancies through the SCCC and the Career Center Network in advance of general advertising; c. To preliminarily qualify and/or screen applicants for staff openings at the new facility and subsequent vacancies; d. To certify applicant eligibility for state/federal workforce development tax credit programs or other workforce development incentive programs that Leviton may choose to pursue; e. As a resource for designing, developing and implementing customized training programs for Leviton employees as the need arises; f. To coordinate activities related to curriculum development, welfare-to-work programs, work experience and work internships as the need or opportunities for these services arise at Leviton's Chula Vista facility. II. Leviton is not obligated to hire anyone referred under the terms of this agreement. LEVITON AGREES THAT III. Leviton will provide SCCC information needed to identify qualifying candidates, including required skills, training and other work related criteria, as part of their initial and subsequent recruitment efforts; A-21 EXHIBIT A IV. Leviton will make a good faith effort to work with the SCCC to identify and consider persons referred by the SCCC, and in particular Chula Vista residents, for local job openings. SCCC AGREES THAT V. SCCC will take the lead in designing the Workforce Development Plan, in full cooperation with Leviton and with the goal of developing mutually beneficial activities. VI. SCCC will proactively assist Leviton to implement the Workforce Development Plan and will monitor the results and share these results with Leviton and the City of Chula Vista. VII. SCCC will provide services to Leviton that benefit both the company and the Chula Vista residents. VIII. This agreement shall be in effect upon the last date of execution and shall continue from year to year unless terminated by thirty (30) days prior written notice to either party. IX. Neither the SCCC nor Leviton shall discriminate on the basis of age, race, national origin, religion, color, creed, disability, sex or sexual orientation in matters related to these Agreement provIsions. The parties agree to perform such further acts and to execute and deliver such additional documents and instruments as may be reasonably required in order to carry out the provisions of this Agreement and the intentions of the parties. Ralph Giannuzzi Date Vice President Manufacturing Services and Planning Leviton Manufacturing Co. Inc. Lawrence G. Fitch Date President San Diego Workforce Partnership, Inc.lPrivate Industry Council Shirley Horton Date Mayor City of Chula Vista A-22 EXHIBIT B ECONOMIC INCENTIVE AGREEMENT BETWEEN CITY OF CHULA VISTA AND LEVITON MANUFACTURING COMPANY, INC. WAIVED CITY FEES DESIGN REVIEW FEE ...................................................................................... $2000 [DEPOSIT] + LANDSCAPE FEE .........................$150 PLUS $35 PER SHEET OVER 4 + $100 PER SITE VISIT SIGN PROGRAM................................................................................................. $300 [DEPOSIT] + SITE PLAN REVIEW.................................................................................................................. $720 SEWER CONNECTION.............................................$2,220 PER EQUIVALENT DWELLING UNIT BUILDING PERMIT FEE.................................................................................................$13,339.50* ENERGY FEE ...................................................................................................................$2,000.93* ACCESS FEE ...................................................................................................................$1,333.95* PLAN CHECK FEE """"""""""""""""""""""""""""""""""""""""""""...................$8,670.68* ENERGY PLAN CHECK FEE...........................................................................................$2,000.93* ACCESS PLAN CHECK FEE ...........................................................................................$1,333.95* STRONG MOTION FEE ...................................................................................................$1,239.00* PLAN MAINTENANCE FEE................................................................................................$333.49* PLUMBING FEES ................................................................................................... Per unit charge** MECHANICAL FEES .............................................................................................. Per unit charge** ELECTRICAL FEES................................................................................................ Per unit charge** * Fees based on building valuation. For this Exhibit building valuation was assumed to be $5.9 million [Type 1 or 2 construction]. Actual amount will be calculated at the time of submission for building permits. ** Fees based on per unit charges. Actual amount will be calculated at the time of the submis- sion for building permits. H:\H~MMDEV\LEVITON\EXHIBIT B.DOC EXHIBIT C EASTLAKE I GDP I SPA AMENDMENT LEVITON PROCESSING SCHEDULE Grading Plan Submitted to City August 12, 1999 GDP / SPA Amendment Submitted August 10, 1999 Tentative Map Submittal August 16, 1999 Public Facility Financing Plan Submitted August 26, 1999 Leviton Design Review Submittal October 15, 1999 Public Review of Environmental Document Begins September 17, 1999 Leviton Building Permit Submitted for Plan Check November 15,1999 Planning Commission Hearing Date November 3, 1999 City Council Hearing Date November 16, 1999 Grading Permit Issued December 10,1999 Final Map Approved December 21, 1999 Building Permit Issued January 17, 2000 A-24 CITY COUNCIL AGENDA STATEMENT ITEM No. ~~ MEETING DATE 11 /16/99 ITEM TITLE: a) RESOLUTION APPROVING AN ECONOMIC INCENTIVE AGREEMENT BETWEEN THE CITY AND THE EASTLAKE DEVELOPMENT COMPANY AND AUTHORIZING THE MAYOR TO EXECUTE SAME b) RESOLUTION APPROVING A BUSINESS INCENTIVE AGREEMENT BETWEEN THE CITY AND LEVITON MANUFACTURING COMPANY AND AUTHORIZING THE MAYOR TO EXECUTE SAME c) RESOLUTION APPROPRIATING $110,630 FROM THE GENERAL FUND FOR PAYMENT OF LEVITON PROCESSING FEES AND PUBLIC FACILITIES DEVELOPMENT IMPACT FEE (PFDIF) d) RESOLUTION REPROGRAMMING $80,000 IN CDBG FUNDS FOR PAYMENT OF LEVITON ASSESSMENT DISTRICT AND MELLO ROOS FEES SUBMITTED BY: COMMUNITY DEVELOPMENT DIRECTOR é.C), ./ REVIEWED By: CITY MANAGER r-; D¡ï-/ (4/STH. VOTE: YES..A... No--> Leviton Manufacturing is an electronics manufacturer of more than 22,000 products and components with facilities throughout North America. Staff began discussions with Leviton representatives approximately 8 months ago upon leaming of their search for a site for their new western regional R&D facility. Subsequent negotiations with Leviton and with the EastLake Development Company resulted in the two agreements being recommended for approval. The proposed Leviton agreement offers the company approximately $1 million in fee reduction incentives, $725,000 of which are provided by EastLake via the proposed agreement between EastLake and the City. In exchange, Leviton will build a 90,000 sq.ft. facility and hire 200 employees, primarily high paid engineers and management. The agreement with EastLake provides for EastLake to pay the $725,000 in Leviton's fees in exchange for certain "no cost" concessions from the City. It further requires EastLake to entitle the entire EastLake Business Center Phase II, bringing much needed deliverable light industrial property on line for marketing to additional high tech employers. The City is agreeing to pay Leviton's processing fees and PFDIF fees for a total of approximately $110,630, to award Leviton an $80,000 CDBG grant, and to fast track the entire project (Le. the Leviton facility and 108 acres of business park). This project was successfully negotiated and fast-tracked by the City's new interdepartmental Business Response Team (BRT). That Council adopt the resolutions: a) approving the Economic Incentive Agreement between the City of Chula Vista and EastLake Development Company; b) approving the Business Incentive Agreement with Leviton Manufacturing Inc.; c) appropriating $110,630 from the General Fund for payment of Leviton Processing Fees and Public Facilities Development Impact Fee (PFDIF); and d) authorizing the reprogramming of $80,000 in CDBG funds for payment of Leviton Assessment District and Mello Roos fees. 02;2-/ PAGE 2, ITEM MEETING DATE 11 /16/99 October 1997: Joint Planning Commission/Council "Industrial Shortage Workshop"; Industrial Land Task Force formed. June 1998: Industrial Land Task Force recommendations approved by council, including recommendation to preserve EastLake Business Center Phase II (High Tech/Biotech Zone) for industrial/R&D uses (landowner proposing to rezone to residential). September 1998: Economic Development Commission and Industrial Land Task Force letters to Council requesting recommitment to preserving EastLake Business Center for high tech employment uses. January 1999: Economic Development Commission letter to Council (and to Planning Commission) requesting the EastLake Business Center II issue (lack of marketability to industrial users) be raised to a higher priority. I. BRT SUCCESS: RECRUITING LEVITON AND CREATING "DELIVERABLE" EMPLOYMENT LAND In February of this year staff began discussions with representatives of Leviton Manufacturing. The company was looking for a site for a 90,000 sq. ft. westem regional facility to house R&D operations (office and laboratory space) and limited warehousing. The City's new interdepartmental Business Response Team (BRT) Team was activated and collaboratively prepared an initial recruitment proposal offering (limited) available Chula Vista sites. Subsequently, the BRT and EastLake Development Co. partnered to prepare an innovative incentive package which provided for EastLake to deliver fully entitled land for not only Leviton but all of EastLake Business Center II. Leviton was actively considering sites outside of Chula Vista. The most significant disadvantage of the Chula Vista/EastLake site was the high cost of City fees, roughly $800,000- $1 million higher than the competition. Of the total differential, $625,000 is for the City's Transportation Development Impact Fee (TransDIF), $78,475 for the Public Facilities Development Impact Fee (PFDIF) and $119,720 for Interim SR 125 DIF fees. Through creative negotiations and partnering with EastLake, staff was able to close this gap with minimal costs to the City. In total, Leviton's fees were reduced from $1.21 million to $176,043 (including Mello Roos), with only $110,630 ofthe total reduction from the City's General Fund (to cover "waived" City fees). Attachment A provides a summary of fee reduction incentives. In terms of timing, Leviton needed to begin construction in mid-January 2000. The BRT was able to streamline the development review process for the entire 108 acres, including the Leviton project, to a very ambitious 5.5 months, allowing Leviton to pull permits by their January deadline. The City's aoal in providina incentives to EastLake and to Leviton is to recruit a hiahly desirable R&D company and related hiah payinQ jobs, and to motivate EastLake to entitle, improve and market the balance of the Business Center Phase II to other hiahtech employers. The proposed Leviton Agreement and related agreement with EastLake accomplish both of the City's goals. II. TERMS OF AGREEMENTS A. EASTLAKE AGREEMENT The City is offering concessions to EastLake in exchange for EastLake transferring the value of these concessions to Leviton and to future targeted companies within EastLake Business Center II as fee reduction incentives. Specifically, the proposed agreement requires EastLake to payoff Leviton's TDIF fees ($625,000) and to payoff the TDIF fees for 70~acres of Business Center at a total cost of approximately $6.3 million. The agreement further JJ---;Z PAGE 3. ITEM MEETING DATE 11/16/99 requires EastLake to: 1) obtain all necessary entitlements for the entire 108 ac (gross) Business Center Phase II; 2) deliver a 7 acre pad-ready site to Leviton by Leviton's deadline of January 17; 3) pay an additional $100,000 in cash towards Leviton's outstanding fees; and 4) grade the adjacent acres in a timely manner for future purchasers. In summary, EastLake is agreeing to pay approximately $6.3 million in TDIF fees, thereby removing this excessive cost burden from most of the Phase II Business Park, and to pay an additional $100,000 towards other Leviton fees due the City. EastLake is also assuming all costs of entitling and mapping the entire Phase II Business Park. By eliminating most of the Park's burdensome TDIF fees, and putting basic entitlements in place, the City and EastLake are able to market the Park to other high technology companies on a competitive basis. In exchange, the City has agreed to two concessions to EastLake: 1) fast-tracking the EastLake Trails South Final Map (the map was approved by Council on June 8; EastLake has already deposited a $100,000 Letter of Credit in the City's account as security for their Leviton fee obligation); and 2) allowing EastLake to exchange their "cash" credits earned based on completed or bonded public improvements - valued at approximately $13 million - for EDU credits at the current rate of $3,998 per EDU, and to sale these EDU credits to EastLake merchant homebuilders at the rate in place at the time of sale. A fee increase is being proposed this month to Council. The total increase in value received by EastLake from future sale of the EDUs (estimated at $6.3 million) must be applied to payoff Business Park TDIF fees. B. LEVITON AGREEMENT The agreement with Leviton provides for the City to fast-track the EastLake Business Center II and the Leviton Manufacturing Co. project within a 5.5 month schedule to meet Leviton's requirement of pulling a permit by January 17. Staff developed an extremely streamlined processing schedule and has been holding weekly Project Team meetings with the applicants. Required entitlements include an Amended EastLake II General Development Plan, Amended EastLake I SPA plan, Tentative Subdivision Map, and a Mitigated Neg Dec. All are before Council this evening. Assuming Council approval, the grading permit for Leviton's site can be issued November 22 and the Final Subdivision Map can be approved on December 14. In terms of fee reductions, the agreement provides for the City to waive approximately $33,000 in Leviton processing fees (see Exhibit B of Leviton agreement), to assume responsibility for Leviton's $78,475 Public Facility Development Impact Fee (PFDIF), and to reduce Leviton Assessment District and Mello Roos fees by $80,000. This will be accomplished by reprogramming $80,000 in unused CDBG funds previously allocated for the High Tech/Biotech Zone/Business Center's EIR. The City also agrees to defer Leviton's Interim SR 125 fee for up to 5 years, and to totally waive the fee if SR 125 bonds have been issued during that time and the interim fee is no longer deemed necessary by the City. Staff is recommending that Council approve the use of $110,630 in General Fund monies to pay for the City's only "out-of-pocket" costs ($33,000 for processing fees plus $78,475 for PFDIF) and to approve the reallocation of $80,000 in CDBG funds. (Attachment A to this staff report shows a summary of all Leviton fee incentives.) III. BENEFITS TO THE CITY A. JOBS Leviton is committing to employ at least 200 people within 5 years, 75% of which will be R&D, managerial or office employees; the company will have a payroll of $32 million. Jobs include engineers, customs coordinators, production managers, production planners, quality assurance, and others. EastLake Center II is estimated to generate more than 1,700 in direct new jobs and an additional 575 - 850 new jobs due to the multiplier effect. (The City is currently in discussion with a hightech user which alone would generate 760 high paying jobs within 5-7 years. These .);2 -3 PAGE 4, ITEM MEETING DATE 1 1/16/99 discussions are now possible only because of EastLake's agreement to entitle and make available large parcels in the balance of the Business Park.) B. TAX REVENUES At the Business Park's buildout, total property tax revenues are conservatively estimated at $320,000 per year. However, high tech companies that require costly facilities and/or equipment can generate much higher revenues; for example, the company with whom we are currently negotiating would alone generate approximately $6.7 million over the first 10 years. In addition to property taxes, the Business Center will result in significant "spin-off' sales tax revenues due to expenditures by business tenants for equipment, supplies and materials, as well as local expenditures made by their employees. It is also important to note that manufacturers are economic engines for the local economy to their "importing" of new dollars into the community. C. DELIVERABLE EMPLOYMENT LAND As you know, for the past few years, the City's Economic Development Commission (EDC) and staff have reported to Council concerns regarding the lack of large, developable, "employment land" parcels in Chula Vista (and in the County), In October of 1996, a joint Planning Commission/Council "Industrial Land Shortage" workshop was held and recommendations were made by staff to preserve and expand the City's deliverable industrial land inventory. A specific recommendation was to "preserve the Hightech/Biotech Zone at the EastLake Business Center". In December 1997, at Council's request, the EDC formed an Industrial Land Task Force to further evaluate the shortage, and in June 1998, the Task Force brought back similar recommendations which were adopted by Council-- including a policy to preserve the Hightech/Biotech Zone (EL Business Center II). Today there is an even greater awareness of the need to ensure long-term fiscal stability via proactive economic development as evidenced by the BRT. The incentives and related agreements being proposed this evening clearly support Council- adopted policy and will result in 108 contiguous gross acres of clean, entitled property available for hightech employers. It is worth noting that in 1998 a regional "Employment Lands Committee" was created by San Diego Economic Development Corporation (SDEDC) and SANDAG to address the growing concern among brokers, developers, and businesses in high tech industries, as well as regional economic development professionals, about the shortage of available, large-parcel, employment (non-retail) land. Major opportunities lie in Chula Vista and Otay Mesa; the challenge being addressed by the recommended actions tonight is the ability to actually deliver properties for near- term development (i.e. properties with adequate infrastructure, entitlements in place, environmental clearances and owner's willingness to sale, reasonable land and fee costs, etc.). D. IMAGE/CATALYST FOR HIGH-TECH ATTRACTION Both EastLake and the City are pleased to have Leviton Manufacturing as an "anchor tenant" of the second phase of the Business Park. As a global company supplying the industrial, commercial and residential markets, Leviton's name is well-known and respected; their presence will support the City's hightech recruitment efforts. Their attractive, office-type R&D facility will set the tone for additional upscale industrial recruitment and development within EastLake. J:2-Y PAGE 5, ITEM MEETING DATE 1 1 116/99 COSTS TO CITY . $110,630 in General Fund monies to "write-down" Leviton development fees. (The $110,630 General Fund appropriation will cover $33,000 in waived processing fees; and $78,445 in PFDIF fees that the City has agreed to pay. By appropriating these funds, an accounting transaction will occur which will ensure that the budgets of the departments whose fees are waived are not negatively impacted and that the PFDIF fund is not negatively impacted.) . $80,000 in Community Development Block Grant (CDBG) monies to write-down Leviton Mello Roos fees and assessments. These CDBG dollars are re-programmed from unused funds previously allocated by Council for the High Tech/Biotech Zone EIR. . Staff time for expedited processing. . Note that the City is also deferring and potentially waiving the $119,720 Interim SR 125 fee. However, this will not result in a cost to the City, as the fee will only be waived if the SR 125 toll road goes forward and the City determines that the Interim SR 125 fee is no longer needed. BENEFITS TO CITY JOBS: . 200 high-paid Leviton jobs ($32 million payroll = increased local spending on homes, goods and services, and increased sales tax) . 1,700 total projected direct new jobs in Business Park at build out; 575-850 new "spin-off' jobs TAXES: . Estimated $15,000 per year in property tax from Leviton . Estimated $317,000 per year total tax revenue from Business Park at build out . Note that in the event the City is successful in attracting certain targeted high tech companies with high value buildings and equipment, property taxes could be significantly increased. SUMMARY In summary, approval of the recommendations will cost the City $110,630 in General Fund monies and will result in: 1) EastLake entitling their 108 acre Business Center and paying off approximately $6.3 million in TDIF fees, thus making the Business Center available and competitive for marketing to high tech companies with projected employment exceeding 1,700; and 2) the immediate recruitment of Leviton's R&D facility employing 200. H:IHOMEICOMMDEV\STAFF.REPI11-09-99ILeviton Agmtdoc ATTACHMENT A - Summary of Leviton fee reduction incentives ~c2 --ç A TT ACHMENT A LEVITON FEE REDUCTION INCENTIVES Processing Fees $32,155 Public Facilities Development Impact Fee (PFDIF) 78,475 Fees paid by City (General Fund) $110,630 Assessment District 90-3 $27,336 Mello Roos 52,664 Fees paid by City (CDBG Grant) $80,000 Interim SR 125 (Deferred; Potentially Eliminated) $119,720 Fees waived - no cost to City $119,720(1) Transportation Development Impact Fee (TDIF) $625,026 Sewer Participation $33,300 Telegraph Sewer 3,247 Telegraph Canyon Drainage 33,426 Traffic Signal 6,734 Mello Roos (School District) 23,293 Fees paid by EastLake $725,026(2)(3) I $1,035,376 I TOTAL FEE REDUCTIONS TOTAL FEES TO BE PAID BY LEVITON (BALANCE OF MELLO ROOS) $176,043 I $1,211,421 I GRAND TOTAL - ALL FEES (1) This fee will be eliminated if within 5 years the SR 125 toll road begins construction and the City determines that the Interim SR 125 fee is no longer necessary. (2) $100,000 in EastLake fee reductions are directly related to the City's concession of fast tracking EastLake Trails. (3) In addition to the $725,000 EastLake is contributing to pay down Leviton fees, EastLake is also committed to payoff the remaining TDIF fees for qualifying companies locating in the balance of the Business Center II. 02:2~þ COUNCIL RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AN ECONOMIC INCENTIVE AGREEMENT BETWEEN THE CITY AND THE EASTLAKE DEVELOPMENT COMPANY AND AUTHORIZING THE MAYOR TO EXECUTE SAME WHEREAS, the City of Chula Vista wishes to strengthen the local economy, ensuring both a growing tax base and quality employment opportunities for Chula Vista residents, by undertaking strategic business attraction efforts; and WHEREAS, the City, in coordination with the EastLake Development Company, previously established a High Tech/Biotech Incentive Zone via Ordinance No. 2621 in order to offer incentives to qualifying technology-based companies to encourage their location within the EastLake Business Center Phases I and II; and WHEREAS, the City and EastLake are coordinating to encourage Leviton Manufacturing Company to locate its 90,000 sq. ft. Western Regional office/R&D/warehouse facility and related 200 employees within EastLake Business Center II, and to make available, affordable, and ready for development the balance of Phase II for recruitment of additional high tech employers; and WHEREAS, costly City fees and assessments associated with the EastLake Business Center have inhibited the development of Phase II; and WHEREAS, Leviton's fees at the EastLake site are approximately $800,000 to $1 million higher than other candidate sites that were being considered by the company; and WHEREAS, the City of Chula Vista and the EastLake Development Company wish to provide incentives to Leviton Manufacturing Company to locate within Chula Vista and to reduce the Transportation Development Impact Fees (TDIF) for the entire Business Center II. NOW, THEREFORE, BE IT RESOLVED, City Council of the City ofChula Vista does hereby approve the economic incentive agreement between the City and the EastLake Development Company, a copy of which is on file with the office of the City Clerk. BE IT FURTHER RESOLVED, that the Mayor of the City of Chula Vista is hereby authorized and directed to execute said agreement for and on behalf of the City of Chula Vista. Presented by Approved as to form by G~~ ~<~ Chris Salomone JOhn"M. aheny -- Director of Community Development City Attorney H:\HOME\COMMDEV\RESOS\Leviton - b.doc d;¿~-¡ COUNCIL RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING A BUSINESS INCENTIVE AGREEMENT BETWEEN THE CITY AND LEVITON MANUFACTURING CaMP^"" 'I AUTHORIZING TH E MAYOR TO EXECUTE SA"~ ~ } WHEREAS, the City of Chula Vista wishes to str~ ì .~ . growing tax base and quality employment opportunities b .~ strategic business attraction efforts; and !'1 WHEREAS. the City in coordination with the East. f é^P\ established a High Tech/Biotech Zone via Ordinance N, qualifying technology-based companies to encourage their Center Phases I and II; and WHEREAS, the City and EastLake are coordinating Company to locate its Western Regional Facility and rela Business Center II, and to make available, affordable, and rt Phase II for recruitment of additional high tech employers; and WHEREAS, Leviton was considering sites outside of ...~ economic disadvantage of City development fees associated with the Eas - .wlllcn are approximately $800,000 - $1 million higher in cost than other candidate location~; and WHEREAS, the City of Chula Vista wishes to provide incentives to reduce the estimated $800,000 to $1 million gap in fee costs in order to attract Leviton Manufacturing's 90,000 sq. ft. office/R&D/warehousing facility. NOW, THEREFORE, BE IT RESOLVED, the City Council of the City of Chula Vista does hereby approve the business incentive agreement between the City and Leviton Manufacturing Company providing for reduction of the company's fees and for development review fast-tracking, a copy of which is on file with the City Clerk. BE IT FURTHER RESOLVED that the Mayor of the City of Chula Vista is hereby authorized and directed to execute said agreement for and on behalf of the City of Chula Vista. Presented by Approved as to form by ~~.~ - JOh~ c ~~ Chris alomone Director of Community Development City Attorney H:\HOME\COMMDEV\RESOS\Leviton - a.doc c:1c2!J.- / COUNCIL RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROPRIATING $110,630 FROM THE GENERAL FUND FOR PAYMENT OF LEVITON PROCESSING FEES AND PUBLIC FACILITIES DEVELOPMENT IMPACT FEES (PFDIF) WHEREAS, the City of Chula Vista wishes to strengthen the local economy ensuring both a growing tax base and quality employment opportunities for Chula Vista residents by undertaking strategic business attraction efforts; and WHEREAS, the City, in coordination with the EastLake Development Company, previously established a High Tech/Biotech Incentive Zone via Ordinance No. 2621 in order to offer incentives to qualifying technology-based companies to encourage their location within the EastLake Business Center Phases I and II; and WHEREAS, the City and EastLake are coordinating to encourage Leviton Manufacturing Company to locate its Western Regional Facility and related 200 employees within EastLake Business Center II, and to make available, affordable, and ready for development the balance of Phase II for recruitment of additional high tech employers; and WHEREAS, Leviton was considering sites outside of Chula Vista due to the economic disadvantage of City development fees and assessments associated with the EastLake site, which are approximately $800,000 to $1 million higher in cost than other candidate locations; and WHEREAS, the City of Chula Vista and the EastLake Development Company wish to provide incentives to Leviton Manufacturing Company to locate their 90,000 sq. ft. office/R&D/warehouse facility within Chula Vista in order to attract high paid R&D jobs and to act as a catalyst for additional business attraction; and WHEREAS, EastLake and the City have collaborated to offer fee reduction incentives including $32,155 in waived processing fees, and $78,475 in Public Facilities Development Impact Fees (PFDIF). NOW, THEREFORE, BE IT RESOLVED, based on the facts and findings set forth above, the City of Chula Vista does hereby authorize the appropriation of $110,630 from the General Fund for payment of Leviton processing fees and public facility development impact fees. Presented by Approved as to form by ß^~ ~(:)}1't i4-.-t. Chris Salomone - John M ny 7 Director of Community Development City Attorney H:\HOME\COMMDEV\RESOS\Leviton - c.doc ):2(-/ COUNCIL RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA REPROGRAMMING $80,000 IN CDBG FUNDS FOR PAYMENT OF LEVITON ASSESSMENT DISTRICT AND MELLO ROOS FEES WHEREAS, the City wishes to strengthen the local economy ensuring both a growing tax base and quality employment opportunities for Chula Vista residents by undertaking strategic business attraction efforts; and WHEREAS, the City in coordination with the EastLake Development Company previously established a High Tech/Biotech Incentive Zone via Ordinance No. 2621 in order to offer incentives to qualifying technology-based companies to encourage their location within the EastLake Business Center Phase I and II; and WHEREAS, the City and EastLake are coordinating to encourage Leviton Manufacturing Company to locate its Western Regional Facility and related 200 employees within EastLake Business Center II, and to make available, affordable, and ready for development the balance of Phase II for recruitment of additional high tech employers; and WHEREAS, Leviton was considering sites outside of Chula Vista due to the economic disadvantage of City development fees and assessments associated with the EastLake site, which are approximately $800,000 to $1 million higher in cost than other candidate locations; and WHEREAS, the City of Chula Vista and the EastLake Development Company wish to provide incentives to Leviton Manufacturing Company to locate their 90,000 sq. ft. office/R&D/warehouse facility within Chula Vista in order to attract high paid R&D jobs and to act as a catalyst for additional business attraction; and WHEREAS, EastLake and the City have collaborated to offer fee reduction incentives including an $80,000 CDBG grant for payment of Assessment District 90-3 and a portion of Leviton's Mello Roos fees; and NOW, THEREFORE, BE IT RESOLVED, based on the facts and findings set forth above, the City of Chula Vista does hereby authorize the reprogramming of $80,000 in unused previously appropriated Community Development Block Grant funds for payment of Leviton Assessment District 90-3 and a portion of Leviton's Mello Roos fees Presented by Approved as to form by Q~~ ~~ ~ ~t~~ Chris alomone John heny Director of Community Development City Attorney d-2 7) -- / OR\G\N~L ECONOMIC INCENTIVE AGREEMENT ::t1ô</} :z BETWEEN CITY OF CHULA VISTA AND EASTLAKE DEVELOPMENT COMPANY RE: LEVITON MANUFACTURING COMPANY, INC. This Agreement, dated this - day of November, 1999, for the purposes of reference only and effective as of the date last executed between the parties, is made between the City of Chula Vista, a chartered municipal corporation of the State of California ("City"), and The EastLake Company, a California limited liability company ("EastLake") , and is made with reference to the following facts: 1. Recitals: A. City wishes to strengthen the local economy, ensuring both a growing tax base and growing employment opportunities for Chula Vista residents. B. City and EastLake are trying to stimulate business in an area of the City known as the EastLake Business Center II (Phase II) as set forth in Resolution No. 15413 adopted July 20, 1990, primarily consisting of the EastLake Business Center. C. City, in coordination with EastLake Development Company, previously established a High tech/Biotech Incentive Zone via Ordinance Nos. 2621 and 2622 in order to offer incentives to qualifying technology-based companies to encourage their location within the EastLake Business Center (Phases I and II) adopted on February 14, 1995. D. City and EastLake are coordinating to encourage Leviton Manufacturing Company, Inc. ("Leviton") to locate its Western Regional Facility ("Leviton's proj ect") within the EastLake Business Center Phase II, and to make available and ready for development the balance of Phase II to additional high tech businesses. EastLake Business Center Phase II consists of approximately 108 acres of land owned by EastLake, as shown on Exhibit A hereto. E. Leviton is an electronical products and components manufacturing business that wishes to relocate from its existing San Diego facility to the City of Chula Vista and to expand its business by the acquisition of land and construction of Leviton's Project. F. Leviton's Project will initially consist of a minimum 90,000 square foot facility and will employ at least 200 employees within 5 years, 75% of which will be engineering, managerial or office employees. 1 A-1 G. Leviton had considered relocating to a site outside of the City of Chula Vista. A key consideration was the significant differential in the cost of fees related to the two sites. The City wishes to facilitate a reduction in fee costs relocated to the Chula vista site in order to make the site more economically competitive. H. In order to make Leviton's relocation more economically feasible, the City and EastLake agree to mutual concessions which result in EastLake assuming responsibility for a portion of the fees related to development of approximately a 7 acre site contained within EastLake Business Center II ("Leviton Site") on which Leviton wishes to locate and the City waiving, deferring, paying and/or granting funds to pay certain other fees related to the site. I. EastLake is negotiating with Leviton for the sale of the certain parcel of land within the EastLake Business Center II Leviton Site whereby EastLake will assume responsibility for the payment of certain fees attributable to Leviton's Project including items such as assessment district and school district fees provided, however, the City agrees to grant EastLake certain concessions in consideration therefor. J. City and EastLake are both interested in and committed to taking all necessary steps to facilitate Leviton's move to the City. II. Obligatory Provisions. Now, therefore, in consideration of the promises and conditions contained herein, and for other valuable consideration, receipt of which is hereby acknowledged by both parties, and subject to the terms set forth below, the parties agree as follows: A. EastLake's Obligations. 1. EastLake promises City that EastLake will tender and consummate, unless Leviton refuses, an offer ("Leviton Offer") for the sale of the Leviton Site owned by EastLake in the EastLake Business Center II to Leviton at a cost not to exceed current market value. EastLake further agrees to pay the following City fees up to the maximum sum of $100,000 which fees are attributable to the Leviton Project as they come due and on demand of the City: Sewer Participation, Telegraph Sewer, Telegraph Canyon Drainage, Traffic Signals Fees ("Project Fees"). The balance of the $100,000 sum, if any, shall be applied to Assessment District 90-3 and the site's Mello-Roos obligation. EastLake further agrees that if it fails to pay such fees when due, City may take all necessary steps to apply the Letter of Credit deposited by EastLake pursuant to a Letter Agreement entered into with the City on May 19, 1999, ("Letter of Credit") to pay such fees minus those fees already paid. 2. EastLake agrees that should City determine in its sole discretion that the Leviton Project will not commence operations in 2 A-2 a timely manner, City may take all necessary steps to execute upon the Letter of Credit and to thereafter apply such funds to a business which meets the qualifying criteria set forth on Exhibit B and which will be located within EastLake Business Center II ("Alternative Business"). If City determines there is no such Alternative Business, EastLake agrees that it will pay to City upon City's request $100,000 cash, less that sum already paid for Project Fees, which City may apply as an economic development incentive as City deems appropriate within the EastLake Community. 3. EastLake agrees to grade the Leviton Site and Lot 6 of the Tentative Map for EastLake Business Center II (Chula vista Tract No. ) when City has completed processing of plans related to such grading. EastLake further agrees to continue processing with the City improvement plans for EastLake Business Center II which includes the Leviton Site as shown on Exhibit A hereto. EastLake further agrees to grade the balance of the 40 acres of EastLake Business Center II (i) within 4 months of execution of a sale or transfer agreement related to all or any portion of the balance of the 40 acres or (ii) within 4 months of the issuance of a grading permit for all or any portion of the balance of the 40 acres whichever occurs later. 4. EastLake agrees to pay the TDIF for the EastLake Business Center II or any portion thereof when it becomes due and payable as set forth in paragraph 11 below. B. Concessions to be Granted by City. 5. City hereby agrees as follows with reference to certain fees attributable to Leviton or the Leviton Site as listed below: a.) To waive those City fees set forth on Exhibit C attached hereto and incorporated herein; b.) To defer Leviton's Interim SR 125 Toll Road fee for at least five years from the date of City's approval of this Agreement. If, after such five years has run, City determines that SR 125 Toll Road (i) financing has not been obtained and (ii) construction has not commenced and (iii) there is a need to collect fees to construct an interim arterial, Leviton must commence paying its entire SR 125 fee obligation within 30 days of City's written request to do so. Such fees shall be paid annually in equal amounts for up to 10 years at no interest cost. If City determines in five years that payment by Leviton of the SR 125 fee is unnecessary, the City may, in its discretion, permanently waive the SR 125 DIF fees; and c.) To assume responsibility for Leviton's Public Facility Development Impact Fee; neither Leviton nor EastLake shall have responsibility for such fees as to the Leviton site. 3 A-3 6. City will award Leviton $80,000 either by means of a Community Development Block Grant or other source which shall be applied to Leviton's Assessment District 90-3 obligations. The balance of such sum, if any, shall be applied to Leviton's Mello- Roos District fees. 7. City agrees to allow concurrent processing of enti tlements as to the Levi ton proj ect for both EastLake and Levi ton on the condition that both entities enter into an indemnification agreement in a form acceptable to the City Attorney as to such processlng. 8. City will allow grading of the Leviton Site prior to final map approval on the condition that such grading plan meets all City requirements. 9. City agrees to use its best efforts to facilitate Leviton's Project on an expeditious basis. 10. The foregoing shall be subject to final approval of the City Council which reserves to itself such unfettered discretion as the law requires. 11. a.) City agrees that pursuant to the City's Transportation Development Impact Fee Ordinance ( \\TDIF") to be amended on or about November, 1999, EastLake's TDIF credits for those facilities set forth in correspondence from the City dated November, 1999, will be converted into 3279 EDU credits pursuant to the formula set forth on Exhibit D hereto, which have been bonded for in the amount of $13,109,442.00. Upon approval of this Agreement by the City Council, a balance, representing the difference between the former TDIF fee and the newly adopted (November 1999) TDIF fee ("TDIF Credit Balance"), in the amount of approximately $6.3 million shall be applied to EastLake's Business Center Phase II TDIF as set forth in 11. b. below. The parties acknowledge that they expect the TDIF property to be covered by this formula to be approximately 71 acres. b.) EastLake agrees to establish a minimum TDIF Credit Balance of $6.3 million with the City which shall be applied exclusively to the EastLake Business Center II TDIF. EastLake may request that the City permit EastLake to substitute up to 50% of the minimum Credit Balance with security such as a bond or letter of credit in a form approved by the City Manager and City Attorney. If approved security is posted, EastLake acknowledges and agrees that if at any time its total minimum Credit Balance falls below $6.3 million and EastLake fails to restore its minimum Credit Balance within 30 days of City's demand to do so, City may take all necessary legal actions to execute upon the security in order to reestablish the minimum Credit Balance. EastLake acknowledges and agrees that its minimum Credit Balance may not consist of more than 50% City approved security at any time. 4 A-4 c.) City acknowledges and agrees that the established minimum credit balance may be proportionately reduced as payment of the EastLake Business Center II TDIF as such TDIF is paid or satisfied. Notwithstanding the foregoing, after the TDIF for EastLake Business Center II has been paid in full, if for any reason there is a TDIF credit balance remaining from the $6.3 million, such excess credit shall be available to the City to apply as an economic development incentive within the EastLake Community. EastLake acknowledges and agrees that it shall not use the excess credit for residential or other non-employment uses. d.) EastLake acknowledges and agrees that when a subsequent purchaser of property who complies with the criteria set forth herein (i. e., industrial user) within EastLake Business Center II requests TDIF credit for the purchased property, EastLake's TDIF credit account for EastLake Business Center II will be charged for such TDIF credit request. EastLake further acknowledges and agrees that City will not be a party to nor liable for, any such TDIF credit transfer agreement by and between EastLake and any property purchaser. e.) EastLake further acknowledges and agrees that if the TDIF Amendment, or any material provision or requirement contained in such TDIF Amendment, is held to be invalid, void, or unenforceable by a final judgment of a court of competent jurisdiction, EastLake shall not be entitled to any reimbursements of TDIF fees that City may be required to make as a result of such judgment or court order up to the number of EDU credits used by EastLake, except as provided in subsection 11f. below. If said TDIF Ordinance is not upheld, City shall not be responsible for providing any further EDU credits and City shall not be responsible for any liability or damage in any way resulting from no longer providing such EDU credits. Developer further acknowledges and agrees that if the TDIF Ordinance, as amended to provide authority for such EDU credits, is challenged for any reason, the City shall not provide such EDU credits unless and until the TDIF Ordinance is upheld in a court of competent jurisdiction. f.) Notwithstanding the foregoing, in the event that the TDIF ordinance is held to be invalid, void or unenforceable by a court of competent jurisdiction, the City will identify a source of funds from which to fund qualifying EastLake public improvements equal in value to the Leviton TDIF fees paid by EastLake. Such a source could include City gas tax and/or sewer capital improvement funds. g.) It is the intent of the parties hereto that the provisions of this section 11 shall apply and remain in full force and effect notwithstanding Leviton's failure to perform either pursuant to the Leviton Offer or the Conditions Subsequent set forth elsewhere in this agreement so long as entities locating within EastLake Business Center II meet the qualifying criteria set forth 5 A-5 on Exhibit B hereto. III. General Provisions. 12. No Partnership, Etc. Nothing herein contained shall be construed to create a partnership or joint venture between City and EastLake with respect to the development of the EastLake Business Center II or any part thereof, nor shall City have any liability or obligation to any person whatsoever except its obligations to EastLake as specifically set forth herein. 13. Gender, Number. Whenever the context requires, the use herein of (i) the neuter gender includes the masculine and the feminine gender and (ii) the singular number includes the plural number. 14. Captions. Captions in this Agreement are inserted for convenience of reference only and do not affect the construction or interpretation of this Agreement. 15. Entire Agreement. This Agreement contain(s) the entire agreement between the parties relating to the transactions contemplated hereby and all prior or contemporaneous agreements, understandings, representations and statement, oral or written, are merged into and superseded by this Agreement. 16. Modification. No modifications, waiver or discharge of this Agreement shall be valid unless it is in writing and signed by the party against which the enforcement of the modification, waiver or discharge is or may be ought. Any modifications, waiver or discharge on the City's behalf must be approved by the City Council unless the authority has been specifically delegated in writing by the Council to another person, and such delegation specifically references this Agreement. 17. Invalidity. If any material covenant, condition or provision of this Agreement is held to be invalid, void or unenforceable by a final order or judgment of a court of competent jurisdiction, the remainder of this Agreement shall be enforceable. 18. Counterparts. , 6 A-6 This Agreement may be executed in any number of counterparts, all of which together shall constitute one instrument. 19. Applicable Law. This Agreement shall be construed and enforced in accordance with the laws of the State of California. (NEXT PAGE IS SIGNATURE PAGE) 7 A~ SIGNATURE PAGE TO ECONOMIC INCENTIVE AGREEMENT BETWEEN CITY OF CHULA VISTA AND EASTLAKE DEVELOPMENT COMPANY RE: LEVITON MANUFACTURING COMPANY, INC. IN WITNESS WHEREOF, the parties hereto have caused this Letter of Intent to be executed the day and year first hereinabove set forth. THE CITY OF CHULA VISTA Shirley Horton, Mayor ATTEST: By: Susan Bigelow City Clerk Approved as to form by John M. Kaheny City Attorney (H:\Home\Attorney\Agree\Leviton4.EIA) 8 A-a \ Site Utilization Plan Business Center II Supplemental SPA ---j R~/~ngHiIIS~~.~~:;;,.-- Boswell Rd";ft~ E -12 c ,. ,. .;.-.;¡ i'~ \ ¥ \ ') i --- Future EastLake 11/ SPA land Use 25.3 19.8 75.4 58.2 100.7 78.0 3.3 4.1 108.1 . Esl1meled Net ACllls . G/D$S Ac/I!s tess en estimated 8"'8 (or SI",ets & Slopes. Finet G/D$S and Net Acnos will be d&tennmed e/ the ¡/Rei m8p/grading permd /8V8/. ~ Conceptuatlntemal Circulation not in Circulation statistics. l.Li.J Iii...?.~....m.{!~., Open Space (Slopes) included in Empbyment Park statistics. ~ . .. E~s;rLA KE Cirri Land Planning ~ -~m ..- ~.L L.....4 A planned community by The EastLake Company 10-1>-99 Exhibit A 10-8-99 1-12 A-9 - _...... ..-..._---""" .---.... EXHIBIT 8 ECONOMIC INCENTIVE AGREEMENT BETWEEN CITY OF CHULA VISTA AND EASTLAKE DEVELOPMENT COMPANY To be eligible for fee reduction incentives as delineated in the Agreement, development projects must fall under one or more of the following uses. In addition, an eligible project may not entail more than 40% distribution or warehousing space. Allowed Uses: ~ High Technology uses as described in the Planned Community (PC) district regulations ~ Biotechnology uses as described in the Planned Community (PC) district regulations ~ Biomedical uses as described in the Planned Community (PC) district regulations ~ Corporate headquarters ~ Manufacturers or exporters of products or services ~ Speculative office buildings ~ Other companies or developers as approved by the City Manager or his designee H:\HOME\COMMDEV\STAFF.REP\11-16-99\Exhibit B - EL Econ Inc Agmtdoc A-10 EXHIBIT C ECONOMIC INCENTIVE AGREEMENT BETWEEN CITY OF CHULA VISTA AND EASTLAKE DEVELOPMENT COMPANY RE: LEVITON MANUFACTURING COMPANY, INC. WAIVED CITY FEES DESIGN REVIEW FEE ........................................................................""""""" $2000 [DEPOSIT] + LANDSCAPE FEE .........................$150 PLUS $35 PER SHEET OVER 4 + $100 PER SITE VISIT SIGN PROGRAM................................................................................................. $300 [DEPOSIT] + SITE PLAN REVIEW........................................................................................................""""" $720 SEWER CONNECTION.............................................$2,220 PER EQUIVALENT DWELLING UNIT BUILDING PERMIT FEE................................................................................................$13,339.50* ENERGY FEE ...................................................................................................................$2,000.93* ACCESS FEE ...................................................................................................................$1,333.95* PLAN CHECK FEE ...........................................................................................................$8,670.68* ENERGY PLAN CHECK FEE...........................................................................................$2,000.93* ACCESS PLAN CHECK FEE ...........................................................................................$1,333.95* STRONG MOTION FEE ...................................................................................................$1,239.00* PLAN MAINTENANCE FEE.................................................................................................$333.49* PLUMBING FEES ................................................................................................... Per unit charge** MECHANICAL FEES .............................................................................................. Per unit charge** ELECTRICAL FEES..........................................................................................."'" Per unit charge** * Fees based on building valuation. For this Exhibit building valuation was assumed to be $5.9 million [Type 1 or 2 construction]. Actual amount will be calculated at the time of submission for building permits. ** Fees based on per unit charges. Actual amount will be calculated at the time of the submis- sion for building permits. H:\HO~l<ft1MDEV\LEVITON\EXHIBIT BDoe EXHIBIT "D" TDIF Formula: 3279 EDUs multiplied by the difference between the former TDIF fee of $3,998 and the newly adopted (November, 1999) fee divided by the newly adopted (November, 1999) per acre charge for industrial property which will result in the number of acres for which the TDIF will be paid by EastLake. 9 A-12