HomeMy WebLinkAboutAgenda Packet 1998/11/24
'" .',.',. ^'n '~r ~M1!ty of perjury that I am
'.' , -, oj, ¡;:e City of Chula Vista in the
C':¡Ce 01 ':Ì!e fit,! Ller': on-l that I posted
this AGen :ëFJo:i': e on ,;¡c Julletin Board at
the Publ,~~rv~s BuJ~inJ an§t Cit F II
Tuesday, November 24, 1998 DATED,/ J. ':1-tl. ~SIGNED ./~" . Council Chambers
6:00 p.m. " / Pubhc ServIces BUlldmg
ReI!ular Meeti"" of the Citv of Chula Vista Citv Council
CALL TO ORDER
L ROLL CALL: Councilmembers Moot_, PadiUa_, Rindone_, Salas_, and Mayor Horton_.
2. PLEDGE OF ALLEGIANCE TO THE FLAG, MOMENT OF SILENCE
3. APPROVAL OF MINUTES: November 10, 1998.
4. SPECIAL ORDERS OF THE DAY:
A. Commendation will be presented to the City Council and Police Department for implementing a
model program to prevent youth access to alcohol. A selected youth from the Chula Vista Youth
Coalition will present the commendation.
CONSENT CALENDAR
(ltem,f 5 through 9)
The staff recommendations regarding the following items listed under the Consent Calendar will be enacted by
the Council by one motion without discussion unless a Councilmember, a member of the public, or City staff
requests that the item be pulled for discussion. If you wish to speak on one of these items, please fill out a
"Request to Speak Form" avaiwble in the lobby and submit it to the City Clerk prior to the meeting. Items pulled
from the Consent Calendar will be discussed after Board and Commission Recommendations and Action Items.
Items pulled by the public will be the first items of business.
5. WRITTEN COMMUNICATIONS:
A. Letter from the City Attorney stating that to the hest of his knowledge from observance of
actions taken in Closed Session on November 17, 1998, that there were no actions taken
which are required under the Brown Act to be reported. It is recommended that the letter be
received and filed.
6. RESOLUTION 19270 APPROVING AN AGREEMENT WITH THE BOYS AND GIRLS CLUB
TO RESTRUCTURE THE REPAYMENT OF A LOAN IN THE AMOUNT OF $250,000 IN
CONSIDERATION OF USE BY THE CITY OF BOYS AND GIRLS CLUB FACILITIES - In a letter
to Council dated September 11, 1998, the Boys and Girls Club requested a fuU waiver from the obligation
to repay a loan from the City in tbe amount of $250,000. Staff recommends approval of the resolution.
(Library and Recreation Director)
7. RESOLUTION 19271 ACCEPTING BIDS AND AWARDING CONTRACT FOR "SIDEWALK
REPLACEMENT AT VARIOUS LOCATIONS IN THE CITY (JY-065E)" AND AUTHORIZING
STAFF TO INCREASE QUANTITIES TO EXPEND ALL AVAILABLE FUNDS FOR THIS
PROJECT - On October 14, 1998, sealed bids were received, The work consists of the removal and
replacement of displaced curbs, gutters, sidewalks, and driveways. The work includes excavation and
grading, PCC sidewalks, driveways, curbs and gutters, asphalt concrete pavement, removal and disposal
of existing improvements, traffic control, protection and restoration of existing improvements, other
misceUaneous work, and all labor, material. equipment, and transportation necessary for the project. Staff
recommends approval of the resolution awarding the contract to Gypsy Queen, Inc. of National City in the
amount of $67,900 and authorizing staff to increase quaotities to expend aU funds for the project. (Director
of Public Works)
Agenda -2- November 24, 1998
8. RESOLUTION 19272 APPROVING THE SUBMITTAL OF ONE APPLICATION TO THE SAN
DIEGO ASSOCIATION OF GOVERNMENTS (SANDAG) FOR FUNDING UNDER THE FEDERAL
SURFACE TRANSPORTATION PROGRAM $15 MILLION RESERVE FUND - On July 24, 1998,
the SANDAG Board of Directors adopted the 1998-2004 Regional Transportation Improvement Program
(RTIP), including a reserve of $15 million in Federal Surface Transportation Program (STP) funds. The
SANDAG Cities/County Transportation Advisory Committee agreed to distribute $14 miUion in proportion
to the relative number of vehicle miles traveled on arterials and collectors in each jurisdiction. The
remaining $1 million will be used to help fund projects Ihat exceed an agency funding target with special
consideration to those agencies that did not previously receive STP regional arterial project funding in the
RTIP. Chula Vista's STP targeted funding amount was determined to be $761,247. Staff has prepared
an application for the pavement rehabilitation of Main Street from Broadway to 1-805. For funding to be
considered, a Council resolution approving the application to SANDAG is required. Staff recommends
approval of the resolution. (Director of Public Works)
9. RESOLUTION 19273 RELEASING THE TRIP DEFERRAL ON EASTLAKE VILLAGE CENTER
I-NORTH AND AUTHORIZING THE MAYOR TO SIGN A CERTIFICATE OF REALLOCATION
ELIMINATING THE COVENANT TO WITHHOLD DEVELOPMENT - On July 2, 1992, the City
and Kaiser Foundation Hospitals entered into a development agreement to guarantee traffic capacity for the
development of a hospital in the EastLake Village Center. The guarantee was for the period prior to the
construction of SR-I25. Based on subsequent new SANDAG studies that show there are sufficient trips
available on EastLake Village Center I-North, Council should now release the trip deferral. Staff
recommends approval of the resolution, (Director of Public Works)
...~DOFœNmNTCM~lliR...
ADJOURNMENT TO REGULAR AND/OR JOINT MEETING OF THE REDEVELOPMENT AGENCY
ORAL COMMUNICATIONS
This is an opportunity for the general public to address the City Council on any subject matter within the
Council'sjurisdiction that is l1JlJ. an item on this agenda for public discussion. (State law, however, generally
prohibits the City Council þom tdlng actloll on any IIIuII lIot Included all/he posted agenda,) 1/ you wish to
address the Council on such a subject, please complete the "Request to Speak Under Oral Communications
Form" avaiwble in the lobby and submit it to the City Clerk prior to the meeting. Those who wish to speak,
please give your name and address for record purposes and follow up action.
PUBLIC HEARINGS AND RELATED RESOLUTIONS AND ORDINANCES
The following items have been advertised and/or posted as public hearings as required by law. If you wish to
speak /0 any Item, please fill au/the "Request /0 Speak FornI" available In the lobby and submit It /0 the City
Cillt prior /0 Ihl m"nng.
10. PUBLIC HEARING ADOPTION OF THE OTAY RANCH VILLAGE 1 AND 5 PEDESTRIAN
BRIDGE REPORT AND ESTABLISHMENT OF THE OTAY RANCH VILLAGE 1 AND 5
PEDESTRIAN BRIDGE DEVELOPMENT IMPACT FEE - The developers of Otay Ranch SPA One
are required to fund the fair share of constructing three pedestrian bridges within ViUages 1 and 5. On
May 14, 1998, both tbe McMillin Company and the Otay Ranch Company requested that a Development
Impact Fee be created to spread the cost of these facilities over those areas benefitting from the proposed
bridges. Staff recommend~ this Duhlic hearin!! he continued to the meetin!! of Decemher 8, 1998.
(Director of Public Works)
Agenda -3- November 24, 1998
11. RESOLUTION 19274 CERTIFYING THE FINAL SUBSEQUENT ENVIRONMENTAL IMPACT
REPORT (FSEIR 97-04) FOR THE EASTLAKE TRAILS/GREENS REPLANNING PROGRAM,
MAKING CERTAIN FINDINGS OF FACT; ADOPTING A STATEMENT OF OVERRIDING
CONSIDERATION PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT;
AND ADOPTING A MITIGATION MONITORING AND REPORTING PROGRAM - A public
hearing on the draft SEIR was held by the Planning Commission on August 26, 1998, closing the hearing
and public review period. Staff and the consultant (RECON), with legal assistance from the law firm of
Remy, Thomas and Moose, have prepared the Final EIR, CEQA Findings of Fact. Statement of Overriding
Consideration and Mitigation Monitoring Program. Staff reconunends approval of the resolution.
(Director of Planning and Building) This is a related item, hut does not reQuire a public hearinl!.
12. PUBLIC HEARING CONSIDERATION OF THE FOLLOWING APPLICATIONS FILED BY THE
EASTLAKE COMPANY INVOLVING THREE SEPARATE PARCELS IN THE EASTLAKE
PLANNED COMMUNITY WITH A COMBINED TOTAL OF 455 ACRES: (A) GPA 97-03 -
AMENDMENTS TO THE CHULA VISTA GENERAL PLAN, CHANGING THE LAND USE
DESIGNATION OF 15 ACRES AT THE SOUTHEAST CORNER OF HUNTE PARKWAY AND
OT A YLAKES ROAD FROM COMMERCIAL TO LOW MEDIUM DENSITY RESIDENTIAL AND
REARRANGING THE EASTLAKE TRAILS PARK AND PUBLIC QUASI-PUBLIC LAND USE
DESIGNATIONS; (B) PCM 97-09 - AMENDMENTS TO THE EASTLAKE II GENERAL
DEVELOPMENT PLAN, EASTLAKE GREENS SECTIONAL PLANNING AREA (SPA) PLAN
AND ASSOCIATED DOCUMENTS TO ANNEX 133.5 ACRES INTO THE EASTLAKE PLANNED
COMMUNITY, MODIFY AND REDISTRIBUTE THE EASTLAKE TRAILS LAND USES,
DELETING THE RETAIL COMMERCIAL AND MEDIUM HIGH DENSITY RESIDENTIAL
DESIGNATIONS; AND, (C) PCM 97-16 - ADOPTION OF NEW SPA AND ASSOCIATED
REGULATORY DOCUMENTS, INCLUDING PLANNED COMMUNITY DISTRICT
REGULATIONS, DESIGN GUIDELINES, PUBLIC FACILITIES FINANCING PLAN, AIR
QUALITY IMPROVEMENT PLAN, WATER CONSERVATION PLAN AND AFFORDABLE
HOUSING PROGRAM FOR THE EASTLAKE TRAILS - The applicant. The EastLake Company, has
submitted applications to amend the City's General Plan, EastLake 11 General Development Plan (GDP),
EastLake Greens Sectional Planning Area (SPA) Plan and associated regulatory documents in order to
annex 133.5 acres that the EastLake Company obtained as a result of a land exchange with the Baldwin
Company in 1992. The applicant also submitted applications to modify and redistribute GDP land uses and
adopt a new EastLake Trails SPA for 322.2 acres which are located east of Hunte Parkway between Otay
Lakes Road and Olympic Parkway. Staff reconunends Council place the ordinance on first reading and
approve the resolution. (Director of Planning and Building)
A. ORDINANCE 2765 AMENDMENTS TO THE EASTLAKE II (EASTLAKE I EXPANSION)
PLANNED COMMUNITY DISTRICT REGULATIONS (first readinl!)
B. RESOLUTION 19275 APPROVING AMENDMENTS TO THE CITY'S GENERAL PLAN,
EASTLAKE II GENERAL DEVELOPMENT PLAN, EASTLAKE GREENS SECTIONAL
PLANNING AREA (SPA) PLAN, EASTLAKE GREENS PUBLIC FACILITIES FINANCING PLAN,
EASTLAKE GREENS DESIGN GUIDELINES, EASTLAKE GREENS AIR QUALITY
IMPROVEMENT PLAN AND EASTLAKE GREENS WATER CONSERVATION PLAN TO
ANNEX 133.5 ACRES KNOWN AS THE "LAND SWAP" PARCELS INTO THE EASTLAKE II
GENERAL DEVELOPMENT PLAN AND EASTLAKE GREENS SPA; AND ADOPTING A NEW
SECTIONAL PLANNING AREA (SPA) PLAN FOR 322.2 ACRES LOCATED ON THE EAST SIDE
OF HUNTE PARKWAY BETWEEN OLYMPIC PARKWAY AND OTAY LAKES ROAD
13. PUBLIC HEARING REGARDING THE DECLARATION BY COUNCIL OF ITS INTENTION
TO ESTABLISH COMMUNITY FACILITIES DISTRICT NUMBER 97-3 (MCMILLIN OTAY
RANCH SPA ONE) PURSUANT TO THE PROVISIONS OF THE "MELLO-ROOS COMMUNITY
FACILITIES ACT OF 1982," FOR THE PURPOSE OF ACQUISITION OF CERTAIN PUBLIC
FACILITIES THROUGH THE ISSUANCE OF BONDS SECURED BY SPECIAL TAXES - On
October 27, 1998, Council approved the resolution of intention to form Community Facilities District
Number 97-3 and set the public hearing for November 24, 2998. This district will fund the construction
of public facilities serving the McMillin Otay Ranch project. Staff recommends approval of the
resolutions. (Director of Public Works)
A. RESOLUTION 19276 FORMING AND ESTABLISHING COMMUNITY FACILITIES DISTRICT
NUMBER 97-3 (MCMILLIN OT A Y RANCH SPA ONE) AND AUTHORIZING SUBMITTAL OF
LEVY OF SPECIAL TAXES TO THE QUALIFIED ELECTORS
Agenda -4- November 24, 1998
B. RESOLUTION 19277 DECLARING NECESSITY TO INCUR A BONDED INDEBTEDNESS,
SUBMITTING TO THE QUALIFIED ELECTORS OF A COMMUNITY FACILITIES DISTRICT
A PROPOSITION TO INCUR A BONDED INDEBTEDNESS SECURED BY A SPECIAL TAX
LEVY TO PAY FOR CERTAIN CAPITAL FACILITIES IN COMMUNITY FACILITIES
DISTRICT NUMBER 97-3 (MCMILLIN OTAY RANCH SPA ONE), AND GIVING NOTICE
THEREON
14. PUBLIC HEARING OTAY VALLEY ROAD NAME CHANGE - On March 26, 1996, the
Redevelopment Agency requested that staff investigate a proposal submitted by the Auto Park dealers to
change the name of Otay VaUey Road to Auto Park Drive (or something similar) from 1-805 east. Staff
studied a number of issues associated with this request and developed several alternative solutions. Staff
recommends an incremental solution renaming only a segment of Otay Valley Road east of I-80S to
Brandywine Avenue until further development occurs to the east of this area, The Planning Commission
recommended a more far reaching solution. Staff recommends approval of the resolution. (Director of
Community Development and Director of Planning and Building) Continued from the meetim, of
November 17. 1998.
RESOLUTION 19268 CHANGING THE NAME OF THE SEGMENT OF OTAY VALLEY ROAD
FROM I-80S TO BRANDYWINE AVENUE TO OTAY VALLEY ROAD-AUTO PARK DRIVE
15. PUBLIC HEARING CONSIDERING ABATING THE SCHEDULED CALENDAR YEAR 1999
BUSINESS LICENSE TAX RATE INCREASE TO A LESSER LEVEL EQUAL TO 11.4 PERCENT
HIGHER THAN THE CURRENT RATES, WHICH HAVE BEEN IN EXISTENCE SINCE 1991 -
The Business License Tax Ordinance (effective January 1, 1991) is structured so that the business license
tax rates increase annually unless Council takes action to abate them each year. In an effort to assist local
businesses through the lengthy recession of the mid-1990's, Council has approved annual abatements of
the scheduled rate increases since 1991. Staff is recommending a fifteen percent increase in the business
license tax rates over the rates now in effect. Staff recommends approval of the resolution. (Director of
Finance)
RESOLUTION 19278 ABATING THE BUSINESS LICENSE TAX RATES FOR CALENDAR
YEAR 1999 TO A LEVEL EQUAL TO 11.4 PERCENT HIGHER THAN CURRENT RATES,
WHICH HAVE BEEN IN EXISTENCE SINCE 1991
BOARD AND COMMISSION RECOMMENDATIONS
This is the time the City Council will consider items which have been forwarded to them for consideration by one
of the City's Boards, Commissions, and/or Committees.
None submitted.
ACTION ITEMS
The items listed in this section of the agenda are expected to elicit substantial discussions and deliberations by
the Council, staff, or members of the general public. The items will be considered individually by the Council
and staffrecommendations may in certain cases be presented in the alternative. Those who wish to speak, please
fill out a "Request to Speak" form available in the lobby and submit it to the City Clerk prior to the meeting.
16. ORDINANCE 2766 AMENDING CHAPTER 2.56 OF THE MUNICIPAL CODE TO UPDATE THE
CITY PURCHASING SYSTEM (first readim!! - The City's Purchasing Agent has analyzed buying
activity and trends over the past two years and is recommending an increase in the buying limits delegated
to staff. Further changes proposed include streamlining the consultant selection process, simplifying
surplus property disposal procedures, and updating the language to make it gender-neutraL Staff
recommends Council place the ordinance on first reading. (Director of Finance)
Agenda -5- November 24, 1998
17. RESOLUTION 19279 APPROPRIATING $25,000 FROM UNAPPROPRIATED GENERAL FUND
BALANCE FOR PROFESSIONAL SERVICES RELA TEDTO ASSESSING POTENTIAL IMPACTS
FROM THE PROPOSED BROWN FIELD CARGO PORT EXPANSION AND NOISE IMPACTS
OF HELICOPTER FL YOVERS ORIGINATING FROM REAM FIELD - In June of this year, Council
authorized staff to hire a consultant to advise the City on: (a) possible aviation noise and environmental
impacts resulting from a proposed expansion of Brown Field, with plans to turn Brown Field into a major
cargo facility; and (b) increased helicopter activity over the City. Staff has been monitoring the progress
of this proposal and is now requesting an appropriation of $25,000 from the unappropriated General Fund
Balance to cover the cost of professional services, Staff recommends approval of the resolution.
(Environmental Resource Manager) 4/5th's vote required.
18.A. RESOLUTION 19280 APPROVING THE AMENDED COUNCIL POLICY NUMBER 505-02
(EARLY LIENING ASSESSMENT PROCEDURE AND ORIGINATION CHARGE POLICY) -
Assessment District 97-2 (AD 97-2) will provide public funding for the aequisitioo of public improvements
within atay Ranch Village One. The d.istrict was formed under the Municipal Improvement Act of 1913.
Current Council Policy Number 505-2 requires that a project be fully completed and accepted by the City
prior to acquisition. The amended policy will allow for the acquisition of complete discrete components
of a project. Said amended policy is incorporated in the proposed amendment to the Acquisition/Financing
Agreement which establishes the procedure for acquiring the improvements from the developer. Staff
recommends approval of the resolutions. (Director of Public Works)
B. RESOLUTION 19281 APPROVING THE FORM OF THE SECOND AMENDED
ACQillSITION/FINANCING AGREEMENT FOR ASSESSMENT DISTRICT NUMBER 97-02
(OTAY RANCH, VILLAGE ONE)
C. RESOLUTION 19282 AUTHORIZING AND PROVIDING FOR THE ISSUANCE OF LIMITED
OBLIGATION IMPROVEMENT BONDS, APPROVING THE FORM OF BOND INDENTURE,
BOND PURCHASE CONTRACT AND OTHER DOCUMENTS AND AUTHORIZING CERTAIN
ACTIONS IN CONNECTION THEREWITH
ITEMS PULLED FROM THE CONSENT CALENDAR
This is the time the City Council will discuss items which have been removed from the Consent Calendllr.
Agenda items pulled at the request of the public will be considered prior to those pulled by Councilmembers.
OTHER BUSINESS
19. CITY MANAGER'S REPORTlS)
A. Scheduling of meetings.
20. MAYOR'S REPORTlS)
A. Appointment of Deputy Mayor.
B. Ratification of appointment:
Commission on Aging - Emma Abutin (to fill vacancy created by Commissioner Valdovinos,
whose term expires on June 30, 1999);
Child Care Commission - Doralee Radi,hichel (to till vacancy created by Commissioner
Castagnola, whose term expired on June 30, 1998);
Board of Ethics - Kenneth Culver (to fill vacancy created by Commissioner DeVore, whose term
expires on June 30, 1999);
Growth Management Oversight Commission (Development) - Bud Gray (to fill vacancy created
by Commissioner Aguirre, whose term expired June 30. 1998);
Library Board of Trustees - George Hartman (to fill vacancy created by Board Member Viesea,
whose term expires on June 30, 2002); and,
Otay Valley Project Area Committee (Area) - Gregory Alabado (to till vacancy created by
Commissioner Doria, whose term expires on June 30, 2000).
Agenda -6- November 24, 1998
21. COUNCIL COMMENTS
ADJOURNMENT
The meeting will adjourn to (a closed session and thence to) the regular City Council meeting on December 8, 1998
at 6:00 p.m. in the City Council Chambers.
A special joint meeting of the City Council/Redevelopment Agency will be held immediately following the City
Council meeting.
"\
"I declare IInder penalty of perjury that f am
employed by the City of Chura Vista in the
Office of the GI" GIG,.:' an::! that I posted
this Agenda/Notice on the Bulletin Board at
Tuesday, November 24, 1998 the Public ervi es Buildin:> ~l on Council Chambers
6:00 p.m. DATED, 1/ r SIGNED ~ Public Services Building
(immediately fonowing the City Council Meetin
Special Meetin!! of the Citv of Chula Vista Citv Council
CALL TO ORDER
1. ROLL CALL: Couneilmembers Moot_, Padilla_, Rindone_, Salas_. and Mayor Horton_.
2. CLOSED SESSION: Council win meet in closed session regarding public employee performance
evaluation, pursuant to Government Code Section 54957 - City Manager's.
ADIOURNMENT
The meeting win adjourn to the regular City Council meeting on Decemher 8, 1998 at 6:00 p.m, in the City Council
Chambers.
Notice is hereby given, pursuant to Government Code Section 54956, that the Mayor and City Council
of the City of Chula Vista has caned and will convene a special meeting of the City Council on Tuesday,
November 24, 1998 at 6:00 p.m. in the Council Chambers, Public Services Building, 276 Fourth Avenue,
Chula Vista, California.
* * * COMPLIANCE WITH AMERICANS WITH DISABILITIES ACT * * *
The City of Chula Vista, in complying with the Americans with Disabilities Act (ADA), request individuals who
require special accommodations to access, attend, and/or participate in a City meeting, activity, or service request
such accommodation at least forty-eight hours in advance for meetings and five days for scheduled services and
activities. Please contact the City Clerk for specific information at (619) 691-5041 or Telecommunications Devices
for the Deaf (TOO) (619) 585-5655. California Relay Service is also available for the hearing impaired.
"I declare under penalty of perjury that I am
employed by the City of Chuia Vista in the
Office of the City Clcl'[¡ and that I posted
Tuesday, November 24, 1998 this Agenda/Notice on tile Bulletin B~ard at Council Chambers
600 the Public ervl es BUild,":, and at City H~r S . B ld'
: p.m. DLf'IfP' j " SIGNED Z;./W~ ..lc ervlCes Ul mg
(immediately following the City Councl ee j "
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 WW 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 WW to return to open session, issue any reports of JiMl 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 from closed session, reports of JiMl action taken,
and adjournment will not be videotaped. Nevertheless, the report of final action taken will be recorded in the
minutes which will be avaiwble in the City Clerk's Office.
1. CONFERENCE WITH LEGAL COUNSEL REGARDING:
8 Existing litigation pursuant to Government Code Section 54956.9(a)
1. Rutherford v. City of Chula Vista.
2. Gillespie v. City of Chula Vista.
3. Miller v. City of Chula Vista,
CONFERENCE WITH REAL PROPERTY NEGOTIATOR - Pursuant to Government Code Section
54956.8
8 Property: Approximately 7 acres located on Bonita Road adjacent to the
Chula Vista Municipal Golf Course
Negotiating Parties: City of Chula Vista (Chris Salomone and George Krempl) and
Diamond Development Company; University Financial
Corp.! AmeriPark; and San Diego County
Under Negotiation: Purchase price/lease rate and other terms and conditions for
possible disposition of City-owned property
2. REPORT OF ACTIONS TAKEN IN CLOSED SESSION
:;'~Tr:-
November 12, 1998 ! I 0 .b '!
¡:,r- --
Honorable Mayor Shirley Horton Hi ! NO\! I " 199Q ,
Members City Council !
, , ¡
City Of Chula Vista L~ COU~CIl .',' 'IGFS , ";-.J
276 Fourth Avenue '~I <
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Chula Vista, CA 91910
Dear Mayor Horton:
The Chula Vista Youth Coalition and South Bay Partnership for Alcohol, Tobacco and
other Drug Prevention (ATOD) is in the process of planning a media event, at City Hall
near the fountain, on November 24th, to publicize our appreciation of the city's effort to
prevent youth access to alcohol.
It is our perception that the City Council, Chief of Police Rick Emmerson, Officer Ben
Chassen and other Department members have implemented a model program to
effectively prevent youth access to alcohol. The Departments efforts to submit, receive
and implement the Gale Grant from ABC, has significantly impacted the illegal sale of
alcohol to our communities youth. We applaud your efforts and want to recognize the
Council and Department through the media event so that the community and entire
San Diego County will be apprised of the leadership you are providing. By preventing
youth access to alcohol the health and safety of our young population will be
enhanced.
The comprehensive program initiated by Chief Emmerson and his department has
provided education programs to our 5 local High Schools, and over 171 education
programs have been provided to individual businesses that sell alcohol. The
Department has conducted numerous decoy operations and whereas 1 in 4 were cited
in early operations the current rate of citations is closer to 1 in 8. The temporary
suspension of the license to sell alcohol at several establishments has served as a
deterrent to others to stop selling to minors.
The media event is being scheduled for 5:30 p.m on the 24th and we hope to have
Chief Emmerson and Officer Chasson available to receive our commendation
declaration. Following the media event we have requested to be on your agenda to
present a commendation declaration to the City Council. In the spirit of Thanksgiving
we will give thanks to your efforts reducing youth access in Chula Vista.
s,e2t:~
/.:..z....¡-
Tris Hu rd, Ch ista Human Services Council
cc Chief of Police Rick Emmerson
Dan Tomsky, IHA
Mary Jo Buettner, Chula Vista Coordinating Council and Youth Coalition
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CllY OF
CHUlA VISfA
OFFICE OFTHE CITY ATTORNEY
Date: November 18, 1998
To: The Honorable Mayor and City Council
From: John M. Kaheny, City Attorney ý~
Re: Report Regarding Actions Taken in Closed Session
for the Meeting of 11/17/98
The City Council met in Closed Session on 11/17/98 to discuss:
Existing Litigation pursuant to Government Code Section 54965.9 (a) :
Miller v. City of Chula vista
Stull v. Bank of America
Significant exposure to litigation pursuant to Government Code
Section 54956.9 (b): Two cases.
Conference with Labor Negotiator pursuant to Government Code
Section 54957.6: peA Negotiations
Report of Actions Taken in Closed Session: Public Employee
Appointment, City Clerk, pursuant to Government Code Section 54957.
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 which
are required under the Brown Act to be reported.
JMK: 19k
H, \horne\lorraine\lt \olossess -no
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276 FOURTH AVENUE. CHULA VISTA' CALIFORNIA 91910' (619) 691-5037' FAX (619) 409-5823
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COUNCIL AGENDA STATEMENT
Item: ~
't i{~7Ù Meeting Date: ~
ITEM TITLE: Resolution Approving an Agreement Between the City of
Chula Vista and the Boys & Girls Club of Chula Vista to Restructure the
"",,,mo'" of, LOM iO~'" of $250,000 io CM""~ti"" of U" by
the City of Chula Vista of B s' Girls Club Facilities
SUBMITTED BY: Assistant City Manager
Director of Li~ and n
REVIEWED BY: City Manage (4/5ths Vote: Yes - No ---X)
On August 19, 1986, the City Council approved an Aweement between the City and the Boys and
Girls Club for a loan amount not to exceed $250,000 or the construction of a new Club facility. The
agreement also waived all permit fees, and approved a second amendment to the land lease
agreement between the City and the Boys & Girls Club for a lease of park land in Greg Rogers
Park. The repayment period of the loan is scheduled to commence on February 23, 1999. The
park lease agreement was approved by the City Council in November 1977, and was for a term of
40 years commencing December 1, 1977 and ending November 30, 2017. The second
amendment to the land lease agreement provided for a 90 day notice to vacate the facility at Greg
Rogers Park (the Club's Oleander site), should the City need the park land for redevelopment
In a letter to the City Council dated September 11, 1998 (Attachment "A"), the Boys & Girls Club
of Chula Vista is now requesting a full waiver from the obligation to repay the $250,000 loan.
This report outlines terms and conditions of existing agreements between the City and the Club;
staff's analysis of the request from the Club for the loan waiver; and the impacts to the City in
granting the waiver. A proposed restructuring of the loan agreement has been prepared and has
been reviewed by and discussed with the Boys & Girls Club.
STAFF RECOMMENDATION: That the Council approve the Resolution and authorize the Mayor
to sign the Agreement between the City of Chula Vista and the Boys & Girls Club of Chula Vista
to restructure the repayment of a $250,000 loan in consideration of the use of Boys & Girls Club
facilities by the City of Chula Vista.
BOARDS/COMMISSIONS RECOMMENDATION: N/A
DISCUSSION: The City's relationship with the Boys & Girls Club has been a cooperative
association for many years. The Club provides a vital youth recreation program segment in the
City. The Boys & Girls Club facility at 1301 Oleander provides recreation and day care programs;
and the Community Youth Center on "L" Street has evening sports programs and drop-in events.
After-school day care is an especially needed program and the Club offers the opportunity of
walking the After-school participants from their school to the Club site.
Over the years, a number of legal documents have been approved which codify these cooperative
arrangements:
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Item:
Meeting Date: 11l.24l9.8
Existing Agreements Between the City and the Boys and Girls Club
Loan Agreement
In 1977, the City entered into a land lease agreement (discussed below) with the Boys Club at Greg
Rogers Park, the purpose of which was for the Boys Club to build a facility to serve youth in the
community. The Council report stated that construction was to occur no later than two years from
December 1, 1977. This time schedule for a permanent building (a trailer was leased) did not occur
as planned and in 1985, the Boys and Girls Club negotiated a $250,000 loan agreement with the
City which was conditioned as matching funds for the construction of the facility at 1301 Oleander
at Greg Rogers Park.
A synopsis of the terms of the loan agreement is as follows:
1. Loan Agreement approved on June 18, 1985, for an amount not to exceed $250,000, in
matching funds, for the construction of the Boys & Girls Club facility in Greg Rogers Park.
2. Term of Agreement: Commencing August 12,1986, and terminating upon repayment of the
loan.
3. Repayment of the loan to commence 10 years after completion of construction. Notice of
Occupancy filed as February 23, 1988. (Although the start of payment date is not stated
in the agreement, the Club has interpreted the date of repayment to begin February 23,
1999.)
4. Term of Repayment: 20 years, with equal payments due annually.
5. Loan is non-interest bearing.
6. Recreational Activities:
Club agrees that recreation activities provided by Club will complement rather than
compete with City recreational activities.
Club's multi-purpose field shall be made available to the City for City recreational
programs when the Club is not using the facility. Priority for youth programs.
As referenced above, the City also has an agreement with the Boys & Girls Club for lease of park
land at Greg Rogers Park.
Park land Lease Agreement
On November 8, 1977, the City approved an agreement to lease park land at Greg Rogers Park
to the Boys and Girls Club. Listed below is a synopsis of the terms of the land lease agreement:
1. Lease agreement commenced December 1, 1977, for a term of 40 years, ending on
November 30, 2017.
2. Rent: $1.00 per year, payable on December 1 of each year.
3. Purpose: To provide for the use of said premises by Tenant for constructing and operating
thereon, a building and other facilities for use as a Boys' Club.
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Item:
Meeting Date: 11124L9B
4. The City has the right to schedule use of the facilities so long as it does not conflict with the
normal and customary use by the Boys Club; and the City reserves the right to control,
restrict, or prohibit any activities other than normal activities outside the building.
5. Evaluation of Programs: City can enter the premises to inspect, for the purpose of
determining compliance, and to evaluate programs planned for the ensuing fiscal year in
order to determine what changes, if any, should be made to make Club's activities
consistent with the other lawful activities in Greg Rogers Park.
The second amendment to the land lease agreement (1985) states that the City could give the Club
a 90 day notice to vacate the facility, when the leased property is needed by the City for park
purposes.
In addition, the Boys Club was formerly located at the corner of "I" Street and Fifth Avenue (a City
owned building), and was removed in 1987 as a result of the Chula Vista Shopping Center
expansion. The Boys Club had a nominal rental rate with the City, and functioned as a recreation
center for area youngsters residing in the central part of the City. When the need was determined
for the building's removal, the Redevelopment Agency made a commitment to the community to
replace the Boys Club with a new community youth center in order to continue service to the
central city.
In 1991, the City honored this commitment by entering into a three-party agreement between the
City, the Boys & Girls Club, and Sweetwater Union High School District, for use of the newly
constructed Community Youth Center on "L" Street
Current Financial Situation
The Club holds several fund raisers a year to earn revenue for operations. The Club also receives
funding from United Way; however, this source of funding has been decreasin~ in the last three
years. When the Club loses revenues; they have, in the past, appealed to the ity for additional
funds, and/or have reduced their operating expenses by eliminating personnel and programs.
In light of the up-coming repayment of the $250,000 loan, the Club recently evaluated their revenue
and expenditure picture. As a result of this review, they are requesting the loan waiver.
Club's Basis for Loan Waiver Request
In the Club's letter to the City Council to request a loan waiver, several points are discussed:
1. The Boys & Girls Club serves children and youth of the community from all backgrounds,
with special concern for those from disadvantaged economic, social or family
circumstances.
2. In July 1998, the Club reviewed the impending loan repayment, and found that, because
of the important benefits offered by the Boys & Girts Club of Chula Vista to the community,
a detrimental effect would be caused by funds diverted to begin repayment
3. The Club states that the City consider maintaining a level of parity because of the City
precedent of providing funds for facilities to non-profit organizations with no requirement
for repayment
[H:\home\parks",cIa113\b&g-2.a13 - 1'-18-98 - 4:30 p,m] 3
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Item:
Meeting Date: 11l24l9.8
Analysis of Club's Request for Parity
Staff believes that the Club's reference to loan parity in the September 11th letter is the City's
donation of $500,000 in funds to the YMCA for their new facility in Rancho del Rey. Staff believes,
that through a combination of cash and in-kind support, the City has provided the Boys & Club
support that is at least equal to the support given to the YMCA For example, the City has helped
the Boys & Girls Club by funding the Funshine Camp, the Fine Arts Program, and youth services;
as well as, restroom renovation and "L" Street Youth Center.
Options Considered Regarding the Requested Wavier
Staff reviewed several options to consider before making a recommendation to the City Council.
1. Based on the support and opportunities the City has frovided to the Club to date, the City
Council would require the payment of the debt of 250,000 which would commence in
February, 1999. Sub-options to this would be to extend the date to begin payment and/or
require only minimum annual payments.
2. Reduce the amount of the debt from $250,000 to $125,000.
3. Defer the payment of the loan pending an examination of the Club's books to determine
their ability to pay.
This type of financial analysis was performed by the City in early 1997, when the Club
required financial assistance from the City to pay the Club's maintenance obligations at the
Youth Center on "L" Street It was found at that time, that the Club's revenue picture was
not likely to increase in the future in order for the Club to increase expenses or debt
Staff Recommendation
Staff recommends a Fourth Option, which would:
Restructure the loan agreement between the City and the Boys & Girls Club (Draft
Agreement is Attachment "B") to relieve the Club from making payments commencing in
February 1999. There are terms and conditions to this agreement as follows:
The attached draft loan restructure agreement between the City and the Boys & Girls Club
of Chula Vista is recommending a term of 20 years on use of the Club's facilities. This is
based on the time span which was originally negotiated for repayment of the loan.
The principal of the $250,000 loan will be reduced by the sum of $12,500 per year provided
the Boys and Girls Club meets the terms and conditions set forth in Section 2.2 of the draft
Agreement (the City would receive use of the Boys & Girls Club facilities, for recreation
programming, at certain times on certain dates), and as discussed below.
Should the Club default on the conditions of the restructure agreement during the term of
the agreement, the City may declare the remaining amount of the loan due and payable.
One of the conditions of the loan restructure is that the City will begin to offer recreational
programs at two of the Club's sites, Oleander and "L" Street At the Oleander site, the City
will have the use of the multi-purpose room on Saturdays from 9:00 a.m. until 1 :00 p.m.
[H,\home\parksrec\a113\b&g-2.a13 -11-18-98 - .,30 p.m.1 4
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Item:
Meeting Date: 1.1l24L9.8
The programs which will be offered to the community are indoor youth soccer in winter,
spring and summer; and also youth basketball.
Another condition of the agreement is for the "L" Street Community Youth Center. The
facility will be available, to the City, on Monday, Wednesday and Friday from 7:00 p.m. until
9:00 p.m. for Therapeutics wheelchair sports. All of these programs are fee-based and fully
revenue supported. There would be no direct General Fund impact except for the planning
and organizing needed for administration of the program, which will be performed by
existing staff.
In addition, staff will explore further collaboration with the Club for recreation programming.
The City Attorney's Office has reviewed all appropriate documentation and recommends
the approval of the attached draft agreement
SUMMARY: Staff recommendation to restructure the loan is based on the Club's inability to absorb
this debt into their operating costs. Staff believes that should the Club have additional debt, that
it may affect their ability to program recreation activities in the community and the likely impact such
a reduction would have on the City's budgeted recreation programs, which would need to be
expanded to accommodate community needs.
FISCAL IMPACT: The $250,000 loan was from the General Fund Reserve. There is fiscal impact
to the General Fund with a restructure; although the impact would be spread over a period of
twenty years, the life of the repayment schedule in the existing loan agreement The City would
receive, under the loan restructure agreement, in-kind consideration for use of the Club's facilities
at Oleander and "L" Street Programming at the Oleander and "L" street sites will be revenue
recovered from fees. The General Fund would not be reimbursed the $250,000 in loan repayment
Should the Club, under the draft Agreement, default or breach the conditions of the Agreement,
there is an opportunity to recoup partial funds from the original loan agreement, via loan reduction,
in an undetermined amount at this time.
Attachments: "A" - Request to Waive Loan Letter from Boys & Girls Clubs Dated
September 11, 1998
"B" - Draft Loan Waiver Agreement NOT SCANNED.
[H:\home\parks",c\a113\b&g-2.a13 -11-18-98 - 4:30 p,m,1 5
~-6
~ BOYS & GIRLS CLUB
OF CHUu, VISTA
Septe",,::er ~ ~, ~ 998
AOmln.."a!lve Office
. è:' aleaMer Ave, Honoracie Mayor ant City Co!;r1c:i
:"". Vista. CA91911 275 ,=:::l.!r.h Avenue
15'91421"'011 Chu:a \';sta. CA 919' 0
15191 482-ô738 FAX
BRANCH LOCATIONS, Dear ~.~ayor and Council Me!";1:)ers:
1 èC' Oleander Ave,
eoul3 Vista, CA 91911 POSitive and wnolesome aC:lvlties have always haooenec at ¡he 30Ys & Girls Club of
'6'9; "21"'01 1 Chuia'¡'sta ana thiS year proved no exception. Daily ac:lvities involved ,-"ore than 1.800
"ë5 -L-Street Comml.:"ity youth in social recreation, athletics, crafts, fine arc anc educa,lon ~rograms,
Cou!a Vista, CA 91911 SumJ":1e' aC:IVl!leS also Incluaed field tnps at local Chula Vista venues Including: White
16'9; "2()'12Z2 Water Canyon, RoilerSKateiand, run-4-AII. ~"ature Cemer, fishing 3t Otay '..ake, and
bowling ,eagues at Brunswick Premier Lanes, The chiioren not :::nlY nave fun. but Fun-
Board of Direc-.ors With-a-;:>LIl1:Jose, as they iearn new skills ane develoo qualities tc 'Jecome res:Jonsible
adults and leaDers of this cammunlty,
cowell 3illlngs
30010 Chair ,=or cver forty years. the Soys & Giris Club of Chula Vista nave ceen ser/lng erliiqren 3nd
311[,e 3rown ¡outn 'rem 311 cacKgraunds. With s~eciai concern for those from ::sacV3ntagec ecanomlC,
Cha'rman oj social :::r family CirCUmStanceS, The Soys Club peened its ::::ors in 1957 ane In '954 the
AC"""'strauon Girls C:l.!:J was estabiished. ""iter 25 years of operating seoarateiy, the 'wc :::IUOS mergec
Mary Hammond In 198ï :0 become the Boys & Girls Club of Chula Vista.
Coalrman oj
O"""'Dons The ~erger of the two organizations was facilitated by the 1986 construction of the multi-
ea!!1y Casillas ;am..son purpose :::Iubhouse at 1301 Oleander Avenue. With help ;rom the City :::f Chula Vis¡a
Se:::etary througr a 5250.000 matching ioan. the iWO clubs raised over 51,7 millior1 In oonarions
Von Cóoci<ett 3nd ;r1-~¡nd services :0 C:JmDlete the facility, Through this formieable aFcre. the ooards of
Cha<rman 0; the iWC clubs decided :0 merge together to continue to enrich the ¡¡ves of ooys 3nd girls
=ioance chat o¡rar youth agencies had not reached. The Club rededicated Itself :0 ensunng that
'_Inca DeSantis our caJ":1mumty's dlsacvantaged young peoDle have greater access to :::uality ,~rograms
?3!1V G"'dillas and ser'/Ices that will enhance their lives and shape their futures,
Free Karc.'er
Oav'd coveland Dunng ::-:e developJ":1e:lt of the 1998-99 fiscal year budge: with the Boar: of Direc:ors of
Jonn MOO!. :SQ, ¡he 80'ls & Girls Club of Chul3 Vista. it was noted that reoaymem of the ~a,ching loan
=""""d RandOlpn was to cegin in Feoruary of 1999, The Board requested additionallnfc=ation on the
;,no. :011 loan re:::ayment be revlewee 3nd brought folVo/ard for discussion 3, ItS July, 1998 mee,ing.
Joanne Reel At the Juiy 30.1998 meering of the Soard of Directors, the loan was reviewed. Boare
lno.rneo<ate Past.30ard Chair memDers found that. because of the imDortant benefits offered 'Jy the Soys & Girls Club
Jonn R. Clingan of Chula Vista to the children of this community, 3 detnmental effect would be caused by
,?res'oenuCEO ;unds eiverted to begin repayment. In addition. it was discussed to reques¡ the City
maintain a level of panty with the City precedence of providing funds for faciiities to non-
profit organizations with no requirement for repayment.
t-t Agency ~6128
!Jirls e
1I1e.
A member organozatlon 01 Un t:8d~/CHA¡:
- ~".,"'",.,..... '-'-'-'--'
F:=ilowing that disc:,:ssion, a resolution was passed, direc:ing the Presicent ICEO to
reQues: a waiver of the 1986 matohing loan from the City of Chu!a Vista.
Therefore, ! respectfully ask for your consideration and request the City of Chula Vls;a :0
waive repayment of the 1986 construc'jon loan of $250.000 by the Boys & Girls Cluo of
Chuia Vista.
The :;ar:nersnip betWeen the City of Chula Vista and the Boys & Girls Club of Chu!a Vista
has :Jeen long and beneficial. It has been especially gratifying to be in collaboration with
the City of Chula Vista in ac'jvities from the Human Services C:Juncil, Youth Coaiition.
Late Night Teen Programs, Critical Hours Program and Youth Summits to the new
ST?ETCH - After-School programs involving the City and ChuJa Vista Elementary
ScnooJ District. In addition. the City's intervention and active pareicipa:ion by the Mayor
and City Council Members in helping to keep the YLY Street Youth Center open has
allowed the Club to become more financially stable. The Club has projected that over
80.000 youth have had positive influence upon their lives with time spent in Club
activities,
Thank you for your consideration and your help that allows the Boys & Girls Club of
Chula Vista. The Posmve Place for !<Jds, to continue to offer children a Glace to go and
a way to grow.
a~ÔIYf ~
~ Cllc",
V President I CEO
b-f'~
,---- --~.,,---_.
RESOLUTION NO. /9..<?Ô
-
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING AN AGREEMENT BETWEEN THE
CITY OF CHULA VISTA AND THE BOYS & GIRLS CLUB
OF CHULA VISTA TO RESTRUCTURE THE REPAYMENT OF
A LOAN IN THE AMOUNT OF $250,000 IN
CONSIDERATION OF USE BY THE CITY OF CHULA
VISTA OF BOYS & GIRLS CLUB FACILITIES
WHEREAS, in a letter to the City Council dated September
11, 1998, the Boys & Girls Club of Chula Vista requested a full
waiver from the obligation to repay a loan from the City of Chula
Vista in the amount of $250,000; and
WHEREAS, the repayment period of the loan is scheduled to
commence on February 23, 1999; and
WHEREAS, on August 19,1986 the City Council, approved an
Agreement between the City and the Boys and Girls Club for a loan
amount not to exceed $250,000 for the construction of a new Club
facility; waived all permit fees; and approved a second amendment
to the land lease agreement between the City and the Boys & Girls
Club for a lease of park land in Greg Rogers Park; and
WHEREAS, the park lease agreement was approved by the
City Council in November 1977, and was for a term of 40 years
commencing December 1, 1977 and ending November 30, 2017 and the
second amendment to the land lease agreement provided for a 90 day
notice to vacate the facility at Greg Rogers Park (the Club's
Oleander site), should the City need for the park land for
redevelopment; and
WHEREAS, staff recommends restructuring the loan based on
the Club's inability to absorb the debt into their operating costs
and the belief that should the Club have additional debt, it may
affect their ability to program recreation activities in the
community and the likely impact such a reduction would have on the
City's budgeted recreation programs which would need to be expanded
to accommodate community needs.
NOW, THEREFORE, BE IT RESOLVED the City Council of the
City of Chula Vista does hereby approve an Agreement between the
City of Chula Vista and the Boys & Girls Club of Chula Vista to
restructure the repayment of a $250,000 loan in consideration of
the use of Boys & Girls Club facilities by the City of Chula Vista,
in the form presented, with such minor modifications as may be
required or approved by the City Attorney, a copy of which shall be ;IE:;'
kept on file in the office of the City Clerk as Document NO.~~ '
1
té-9
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
Sid Morris, Assistant City
Manager
H, \home\lorraine\ro\waiver. B&G
2
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Loan Restructuring Agreement
for
The Boys and Girls Club of Chula Vista
This Loan Restructuring Agreement for the Boys and Girls Club of
Chula Vista ("Agreement") is entered into effective as of
November, 1998 ("Effective date"), by and between the City
of Chula vista, a chartered municipal corporation ("City") and
the Boys and Girls Club of Chula vista, a non-profit corporation,
with reference to the following facts:
Recitals
A. WHEREAS, pursuant to an Agreement between the parties
dated August 19, 1986, approved by the City pursuant to
Resolution No. 12680 ("Original Agreement"), City has
previously loaned the Boys and Girls Club of Chula
vista $250,000 for construction of facilities at 1301
Oleander Avenue, Chula Vista; and
B. WHEREAS, the Board of Directors of the Boys and Girls
Club of Chula Vista has determined that repayment of
the loan would have a detrimental effect on the
services provided to the youth of Chula vista by
diverting the necessary funds from programs to
repayment obligations; and
C. WHEREAS, City is willing to restructure the terms of
repayment of the loan under the Original Agreement
obligation subject to the terms and conditions of this
Agreement whereby the Boys and Girls Club of Chula
Vista agrees to provide services for the substantial
benefit of the city and its residents; and
D. WHEREAS, the City Council has found and determined that
the public interest will be served by it entering into
this agreement because the Boys and Girls Club of Chula
vista will be providing ongoing opportunities for the
youth of this community to build confidence, self
esteem, and qualities to excel in school and life.
NOW, THEREFORE, in consideration of the above Recitals,
the mutual obligations set forth herein, and other valuable
consideration, the receipt and sufficiency of which the parties
hereby acknowledge, the city and the Boys and Girls Club of Chula
Vista do hereby mutually agree to modify the Original Agreement
as follows:
1. city Reduction of Principal of Loan.
Subject to the terms and conditions of this Agreement, City
1
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agrees to restructure the loan repayment schedule by
reducing the principal of the $250,000 loan, provided in the
Original Agreement, by the sum of $12,500 per year
commencing January 1, 1999.
2. The Boys and Girls Club of Chula Vista Duties.
2.1 In consideration of the City's restructuring the
repayment schedule of the $250,000 loan, throughout the
20 year term of this Agreement, the Boys and Girls Club
of Chula Vista agrees to provide public access to the
facilities on Oleander and ~Ln Street and to offer a
variety of local youth programs to provide an
opportunity to experience and develop interests and
activities in an effort to build confidence, self
esteem, and qualities to excel in school and life.
2.2 Specific Duties of the Boys and Girls Club of Chula
Vista are related to goals and objectives of the City
and are outlined as follows:
a. The Club will provide, at no cost, the Oleander
site to the City on Saturdays between the hours of
8:00 a.m. and 1: 00 p. m. for use by youth league
sports.
b. The Club will provide, at no cost, the ~Ln Street
site to the City on Monday, Wednesday, and
Fridays, between the hours of 7:00 p.m. and 9:00
p.m. for use for City programs, including
therapeutic sports activities for the physically
challenged..
c. The Club's multi-purpose field shall be made
available, at no cost, to the City for City
recreational programs when the Clubs are not using
the facility: Priority shall be given to youth
programs by the City when using the field.
d. The Boys and Girls Club of Chula Vista shall
continue to offer local youth programs to provide
a safe, educational and fun environment in which
to develop new skills and qualities to become
responsible adults and leaders within our
community.
e. The Boys and Girls Club of Chula Vista shall use
its best efforts to continue to collaborate with
the City in activities from the Human Services
Council, Youth Coalition, Late Night Teen
Programs, Critical Hours Program, and Youth
2
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Summits.
3. Meet and Confer.
City and the Boys and Girls Club of Chula Vista agree to
meet and confer from time to time in order to (a) coordinate
scheduling for City access to the facility to account for
legitimate Boys and Girls Club scheduled uses; (b) assess
the Boys and Girls Club of Chula Vista's performance under
this Agreement; and (c) to work towards development of
additional mutually beneficial programs and policies which
implement City goals of improved and increased services to
the youth of Chula Vista.
4. Term.
The term of the Original Agreement as amended hereby shall
expire on December 31, 2019.
5. No Joint Venture; No Third Party Beneficiaries.
The relationship of the parties to this agreement is that of
independent contractors. No employer-employee, principal-
agent joint venture or partnership relationship is created
hereby. There are no third party beneficiaries to either
party's obligations under this agreement.
6. Modification of Oriqinal Aqreement.
Except as modified hereby all other terms and conditions of
the Original Agreement shall remain in full force and
effect.
(NEXT PAGE IS SIGNATURE PAGE)
3
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SIGNATURE PAGE
FOR
LOAN RESTRUCTURING AGREEMENT
FOR
THE BOYS AND GIRLS CLUB OF CHULA VISTA
IN WITNESS WHEREOF, as of the effective date City and the Boys
and Girls Club of Chula Vista have executed this Agreement
thereby indicating that they have read and understood same, and
indicating their full and complete consent to its terms:
Date: , 1998 City of Chula Vista
Shirley Horton, Mayor
Approved as to form:
John M. Kaheny, City Attorney
Dated: , 1998 The Boys and Girls Club of
Chula Vista
John R. Clingan, President/CEO
h, \home\lorraine\ag\boys&gir
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COUNCIL AGENDA STATEMENT
Item-2
Meeting Date: 11/24/98
ITEM TITLE: Resolution J9~71 Accepting bids and awarding contract for
"Sidewalk Replacement at Various Locations in the City of Chula Vista, California
(JY-065E)" and authorizing staff to increase quantities to expend all available funds
"" ili;, proj,ct. t
SUBMITTED BY: Director of Public Works rfI
REVIEWED BY: City Manage~ ~ ....... (4/5ths Vote: Yes_NoX)
On October 14, 1998, in the Public Services Buil lng, fhe Director of Public Works received sealed bids for
the "Sidewalk Replacement at Various Locations in the City ofChula Vista, California (JY-065E)". The
work consists of the removal and replacement of displaced curbs, gutters, sidewalks, and driveways, The
work includes excavation and grading, PCC sidewalks, driveways, curbs & gutters, asphalt concrete
pavement, removal and disposal of existing improvements, traffic control, protection and restoration of
existing improvements, other miscellaneous work, and all labor, material, equipment, and transportation
necessary for the project
RECOMMENDATION: That Council accept bids and award the contract for the "Sidewalk Replacement
at Various Locations in the City ofChula Vista, California (JY-065E)" to Gypsy Queen, Inc. of National
City, California, for $67,900.00 and authorize staff to increase quantities to expend all funds for fhis project
BOARDS/COMMISSIONS RECOMMENDATION: Not applicable.
DISCUSSION: The Public Works Operations Street Maintenance budget includes funds for this project
The project was included in the budget to remove and replace curbs, gutters, sidewalks, and driveways
displaced on various City streets. This contract covers FY1997-98 & FY1998-99 maintenance budget
Engineering staff prepared plats, specifications, and advertised the project Staff received and opened bids
on October 14,1998.
The City received bids from four contractors as follows:
CONTRACTOR BID AMOUNT
1. Gypsy Queen, Inc. - National City, California. $67,900.00
2. Doug Kost Konstruetion - Ramona, California. $78,516.25
3. Jimenez Inc. MJC Construction - Chula Vista, California. $86,830.00
4. Oropeza Construction - Bonita, California. $123,400.00
The low bid by Gypsy Queen, Inc. is below the Engineer's estimate of $92,840 by $24,940.00 or 27%.
Engineering staff checked the references provided by the contractor and their work has been satisfactory.
Gypsy Queen, Inc. has also done CIP projects for the City and their work has been satisfactory. Staff has
reviewed the low bid and recommends awarding the contract to Gypsy Queen, Inc.
Table I (Attachment A) shows the specific work to be done at each location, approximate quantities of
sidewalk, curb, gutter, and driveway to be installed. Because of the low bid received, many locations left
7-j-a-
Page No.2, Item-2
Meeting Date: 11/24/98
out of Table 1 can probably be repaired. The Public Works Operations Street Maintenance group will be
preparing a table with additional locations to be repaired. Based on the bid amount, staff estimates that there
will be approximately $22,100 left in a contingency fund to do additional sidewalk and concrete repairs. The
contract specifications allow staffto increase or decrease the quantities based on available funds.
Disclosure Statement
Attachment "Boo is a copy of the contractor's Disclosure Statement.
Environmental Status
The Environmental Review Coordinator has reviewed the work involved in this project and has determined
that the project is exempt under Section 15301, Class I (c) of the California Environmental Quality Act
(Minor Alterations of Existing Public Improvements or Public Structures).
Walle Statement
The source offunding for this project is Gas Tax Funds. Contractors bidding this project were not required
to pay prevailing wages to persons employed by them for the work under this project. No special minority
or women owned business requirements were necessary as part of the bid documents. Disadvantaged
businesses were encouraged to bid through the sending of the Notice to Contractors to various trade
publications.
Fiscal Imnaet
FUNDS REQillRED FOR CONSTRUCTION
A. Contract Amount $67,900.00
B. Contingencies $22,100.00
C, Staff Costs (Design & Inspection) * $13,000,00
TOTAL FUNDS REQillRED FOR CONSTRUCTION $103,000.00
FUNDS AVAILABLE FOR CONSTRUCTION
A. 100-1440-5203 (Gas Tax) $90,000.00
B. 250-2503-5291-GTl026 * $13,000.00
TOTAL FUNDS AVAILABLE FOR CONSTRUCTION $103,000.00
* Staff costs will be reimbursed directly from Gas Tax Fund.
Upon completion of the project, the improvements will require only routine City street maintenance.
Attachments:
A - Table I (location of work)
B - Contractor's Disclosure Statement
HIHOMEIENGINEERIDESIGNUYOS5A 11'WPD 7-/-!J
RESOLUTION NO. J 9);¿ 7/
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA ACCEPTING BIDS AND AWARDING
CONTRACT FOR "SIDEWALK REPLACEMENT AT VARIOUS
LOCATIONS IN THE CITY OF CHULA VISTA,
CALIFORNIA (JY-065E) " AND AUTHORIZING STAFF TO
INCREASE QUANTITIES TO EXPEND ALL AVAILABLE
FUNDS FOR THIS PROJECT
WHEREAS, on October 14, 1998, the Director of Public
Works received sealed bids for "Sidewalk Replacement at Various
Locations in the city of Chula vista, CAn; and
WHEREAS, bids were received from four contractors as
follows:
Contractor Bid Amount
1. Gypsy Queen, Inc. - National city $ 67,900.00
2. Doug Kost Konstruction - Ramona 78,516.25
3. Jimenez, Inc. MJC Construction - Chula vista 86,830.00
4. Oropeza Construction - Bonita 123,400.00
WHEREAS, the low bid by Gypsy Queen, Inc., is below the
Engineer's estimate of $92,840 by $24,940.00 or 27% and staff
recommends awarding the contract to Gypsy Queen, Inc.; and
WHEREAS, the Environmental Review Coordinator has
reviewed the work involved in this project and has determined that
the project is exempt under Section 15301, Class 1 (c) of the
California Environmental Quality Act (Minor Alterations of Existing
Public Improvements or Public Structures); and
WHEREAS, the source of funding for this project is Gas
Tax Funds and contractors bidding this project were not required to
pay prevailing wages to persons employed by them for the work under
this project.
NOW, THEREFORE, BE IT RESOLVED that the City Council of
the city of Chula Vista does hereby accept the bids and award the
contract for sidewalk replacement at various locations in the City
of Chula vista to Gypsy Queen, Inc. in the amount of $ 67,900.00.
BE IT FURTHER RESOLVED that staff is authorized to
increase quantities to expend all available funds for this project.
Presented by Approved as to form by
John P. Lippitt, Director
of Public Works
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7--.2.
ATTACHMENT "A" Page 1
TABLE 1
Sidewalk Replacement at Various Locations in the City ofChnla Vista, California - JY-065
No Street Street 4"SIW Mono SIW, C/G DIW C/G
Number Name SF SF SF LF
671 ! rlo;,. A u.M. 192 44
--
Avenue 32
744 I Dennis Avenue --
40
Avenue 92
irst Avenue 124 34
op Drive 130
''7 roo< ^h. m. 176
$ A 120 12
e 114. 120 35
! VISI3 way
10 Au."... 80
11 £0 _L, Au."... 100
12 OhO i A<h Av."". 100
13 07" i A<h Av."". 40
14 000 i A<h Av."". 60
15 200
16 Au."... 120
17 « rlo;.. A".nn. 288 60 40
18 A".nn. 76 38
19 92 0 Street 120 27
20 96 0 Street 144 40
21 98 0 Street 112
-- - --,-
22 200
23 761 Dennis Avenue 60
24 301 East J Street 75
25 150
26 150
27 344 I East J Street 150
28 Street 60
29 Street 120 30
30 246 lEast 348 56
31 ,Ch 64
32 Street 184
33 Anne Drive 64 16
34 ' A"". Drive 80 37
35 Street 288 ........70
36 60 lEast San Miguel Drive 40
37 ' c....., 120 25
38 700 ipl~p, Avp""p 160 r--..-,
39 7OR iP1~., Au."". 120 /--- -->
....
ATTACHMENT "A" Page 2
TABLE 1
Sidewalk Replacement at Various Locations in the City ofChula Vista, California - JY-065
Location and
No Street Street 4" SfW Mono SfW, C/G DfW C/G
Number Name SF -- SF LF
40 IL'J 120 ,
41 120
G ~ ~
Road 196 25
44 ]50
~ ~ IW ~
46 152 ....
~ ~ ~
48 200
49 283 i I Street 265
50 Street 124 31
51 Avenue 100
52 3]
53 on Drive 120
54 "'Drive 40
55 955iMariaWay 180 30
56 1444 I Max Avenue 128
80
58 1437iMoy Aven"e .....120
59 1443 I Max Avenue 60
60 : Avenue 50
61 Avenue ì 208
62 141 Millan Street 80
63 Street 140
~ W
æ ~ 31
66 Avenue 80
67 180 .....,
68 Avenue 60
69 733 U;oo;nn A ".n... 60
70 Avenue 60
71 755 M;«;nn Aven"e 80
72 Aven..e 80 i
73 Street 120 141
74 ~n. . ........... 200 701 1
75 ~¡~aAvenue 20 220
76 15
77 13 urt 60 r-..
78 1103 Oasis Avenue 180 / 7 33
ATTACHMENT "A" Page 3
TABLE 1
Sidewalk Replacement at Various Locations in the City of Cbula Vista, California - JY -065
Location and of work
No Street Street 4"SfW Mono SfW, C/G
Name SF
1126 Oeala Avenue
Avenue 27
Drive
63
Drive
TOTALS: 10197 331 1143 1382
?-~
THE CITY OF CHULA VISTA DISCLOSURE STATEMENT ÄììÞCtI'M ~T \\ 'þ /1
ou are required to file a Statement of Disclosure of certain ownership or financial interests, payments. or campaign contributions,
on all matters which will require discretionary action on the part of the City Council, Planning Commission, and all other official
bodies, The following information must be disclosed:
I. List the names of all persons having a finaneiai interest in the property which is the subject of the application or the Contract,
e.g., owner, applicant, Contractor. subcontractor. material supplier.
-&-
2. If any person" identified pursuant to (l) above is a corporation or partnership, list the names of all individuals owning more
than 10% of the shares in the corporation or owning any partnership interest in the partnership.
-e-
3. If any person" identified pursuant to (l) 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.
ß-
~
4, Have you had more than $250 worth of business transacted with any member of the City staff, Boards, Colturussions,
Committees, and C~ within the past twelve month? Yes - No - If yes, piease indicate person(s): '
5, Please identify each and every person. including any agents, employees, consultants, or independent Contractors who you
have assigned to represent you before the City in this matter.
¡t.lh11¿ 'I- ~/ljrV ~ 5;
6, Have you and/or your officers or agents, in the aggregate, contributed more than $1 ,000 to a Council member in the Current
or preceding election period? Yes - No X If yes, state which Council members(s):
. . . (NOTE: Attached aqal pages as necessary) . . .
Date: 1Jcr. It /1115 . <2J.u.,rll'-dD
~ Signature of Contractor/Applicant
/\T &dt¿JAf'P!Ç ~t-6
Print or type name of Contractor/Applicant
. Person is defined as: "Any individual, firm, co-partnership, joint venture, association, social club. fraternal organization,
corporation, estate, trust, receiver, syndicate, this and any other county, city or country, city municipality, district, or other political
subdivision, or any other group or combination actilig as a unit.
14 ? -¡;
COUNCIL AGENDA STATEMENT
Item ~
Meeting Date 11/24/98
ITEM TITLE: Resolution) 1 J. ?2APprOVing the submittal of one application to the San
Diego Association of Governments (SANDAG) for funding under the
Federal Surface Transportation Program (STP) $15 million Reserve Fund
SUBMITTED BY: Director of Public WOrk}?
REVIEWED BY, City M_~l).¡L ~ ~ ('IS"" Y."., Y~_N"X)
On July 24, 1998, the SANDAG Boar of Directors adopted the 1998-2004 Regional
Transportation Improvement Program (RTIP), including a reserve of $15 million in federal
Surface Transportation Program (STP) funds. The SANDAG Cities/County Transportation
Advisory Committee (CT AC) agreed to distribute $14 million in proportion to the relative number
of vehicle miles traveled on arterials and collectors in each jurisdiction. The remaining $1 million
will be used to help fund projects that exceed an agency funding target with special consideration
to those agencies that did not previously receive STP regional arterial project funding in the RTIP.
Chula Vista's STP targeted funding amount was determined to be $761,247. Staff has prepared
an application for the pavement rehabilitation of Main Street from Broadway to 1-805. For
funding to be considered, a Council resolution approving the application to SANDAG is required.
RECOMMENDATION: That Council approve a resolution approving the submittal of one
application to the San Diego Association of Governments (SANDAG) for funding under the
Federal Surface Transportation Program (STP) $15 million Reserve Fund
BOARDS/COMMISSIONS RECOMMENDATION: Not applicable.
DISCUSSION:
SANDAG developed a project eligibility and evaluation criteria for local agencies to use in
submitting projects for the STP reserve funds. The projects must be located on eligible federal
aid system routes. This includes all streets and roads functionally classified as principal arterials,
minor arterials, and collectors, excluding local streets and rural minor collectors. The SANDAG
Board clearly intended that the $15 million reserve funds be primarily used for street rehabilitation
or traffic signal projects. At a special meeting held on October 15, 1998, the Cities/County
Transportation Advisory Committee (CT AC) developed a recommended project eligibility and
evaluation criteria for evaluating candidate projects. CTAC agreed on the STP funding target
amount for each agency. CTAC also agreed that rehabilitation projects, must have deteriorated
pavements with Present Serviceability Rating (PSR) of 2.5 or lower, based on the Caltrans
Highway Performance Monitoring System.
Staff is proposing the submittal of one application for the rehabilitation of Main Street between
Broadway and 1-805. Currently, Main Street between Broadway and Hilltop Drive is in the
'¡š//
Page 2, Item-
Meeting Date 11/24/98
Capital Improvement Program (CIP) as STM-322, and includes $2.0M in Transnet funds. Under
this application Staff is proposing to extend the rehabilitation limits easterly to 1-805, in order to
fully utilize the federal grant revenue. Staff will revise the project description and limits and
resubmit the project for Council approval as part of the aunual CIP review process. The cost to
rehabilitate the new limits of Main Street from Broadway to 1-805 is currently estimated to be $3
million. An additional $l.OM will be required to support the current budget. If our application
is approved, the City will be reimbursed up to $761,247 in STP federal funds. The remaining
$238,753 is proposed to come from Transnet and will need to be programmed in the Spring of
1999 when Staff submits the Regional Transportation Improvement Program (RTIP) amendment
for Council approval.
Based on the Caltrans PSR ranking and our Pavement Management Program, Main Street's
ranking is detennined to be 2.0, which means that the pavement has deteriorated to an extent that
it affects free flow traffic speeds. Also, extensive cracking and other defects cover more than one
third of the surface area, and the need for rehabilitation is pressing. We believe that at a
minimum, the rehabilitation work would involve a strategy which consists of extensive "digout"
reconstruction and the application of a thick pavement overlay over the whole street. This
measure should correct the condition of the pavement, improve the serviceability quality, and
extend the pavement life by more than ten years. Staff will evaluate the effectiveness of said
strategy during the design phase scheduled for fiscal year 1999/2000.
All candidate project submittals are due to SANDAG by December 11, 1998. The list of
candidate projects will be reviewed at the January 14, 1999 CTAC meeting. Upon approval by
CTAC, the recommended project list will be forwarded to the Transportation Subcommittee and
the SANDAG Board for approval and amendment into the 1998-ü4 RTIP. Upon approval of the
RTIP amendment by the Federal Highway Administration, local agencies may proceed to obtain
the federal "Authorization to Proceed" from Caltrans.
FISCAL IMPACT: Approval of this resolution will allow SANDAG to consider the City's
application for STP funding for the rehabilitation of Main Street between Broadway and 1-805.
SANDAG'S action could potentially result in the approval of a federal grant totaling $761,247.
ATIACHMENT
File No. 0735-10-STM332
H ,IHOMEIENGINEERIAGENDA ISTP .MC
?f/c7
RESOLUTION NO. /9:< 7:2.
-
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING THE SUBMITTAL OF ONE
APPLICATION TO THE SAN DIEGO ASSOCIATION OF
GOVERNMENTS ( SANDAG) FOR FUNDING UNDER THE
FEDERAL SURFACE TRANSPORTATION PROGRAM (STP)
$15 MILLION RESERVE FUND
WHEREAS, on July 24, 1998, the SANDAG Board of Directors
adopted the 1998-2004 Regional Transportation Improvement Program
(RTIP) , including a reserve of $15 million in federal Surface
Transportation Program (STP) funds; and
WHEREAS, the SANDAG Cities/County Transportation Advisory
Committee (CTAC) agreed to distribute $14 million in proportion to
the relative number of vehicle miles traveled on arterials and
collectors in each jurisdiction; and
WHEREAS, the remaining $1 million will be used to help
fund projects that exceed an agency funding target with special
consideration to those agencies that did not previously receive STP
regional arterial project funding in the RTIP; and
WHEREAS, Chula vista's STP targeted funding amount was
determined to be $761,247 and staff has prepared an application for
the pavement rehabilitation of Main street from Broadway to I-805;
and
WHEREAS, for funding to be considered, a Council
resolution approving the application to SANDAG is required.
NOW, THEREFORE, BE IT RESOLVED the City Council of the
City of Chula Vista does hereby approve the submittal of one
application to the San Diego Association of Governments (SANDAG)
for funding under the Federal Surface Transportation (STP) $15
million Reserve Fund.
Presented by Approved as to form by
John P. Lippitt, Director of
Public Works
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TABLE 2
1998-04 REGIONAL TIP PROJECT INFORMATION FORM
Federal Surface Transportation Program (STP) Local Projects
Agency: City of Chula Vista Date: November 2, 1998
Prepared By: Muna Cuthbert Phone: (619) 691-5278
Category (check): Rehabilitation 3R (X ); New Traffic Signal ( ); Other( )
Project Name: Main Street Pavement Rehabilitation
Limits (to/from): between Broadway and I-80S
Project Length: 2.24 Miles -L.. Kilometers - (To Nearest 1/10 milelkilometer)
Description: This project involves the rehabilitation of the pavement on Main
Street, between Broadway and I-80S. It includes digout reconstruction in some
areas and asphalt pavement overlay application over the whole area. The improvement
will correct the condition of the pavement and extend its life for over ten years,
Rehabiiitation 3R Projects ONLY: Pavement Present Serviceability Rating (PSR) = 2.0
New Traffic Signals ONLY: Meet Minimum State Traffic Signal Warrants (YESINO): N/ A
New Traffic Signals ONLY: Demonstrate Air Quality Benefit (YESINO):N/A
Estimate Cost: Funding Sources:
Engineering 400,000 Federal 761,247
Right-Of-Way 0 State
Construction 2,600,000 TransNet 2,238,753
Total 3,000,000 Local
-1L 1998 $ - Ese./Future $ (Check One) (S1P=88.53% federal, Traffic Signals=I00% federal)
Schedule: Completed
Start Construction June 2000 <¡¡PI. TI 'rnfiic October 2000
(Month - Year) (Month - Year)
/'
8',cS
COUNCIL AGENDA STATEMENT
Item1
Meeting Date 11/24/98
ITEM TITLE: Resolution /9"< 7 J Releasing the trip deferral on Eastlake Village
Center I-North and authorizing the Mayor to sign a Certificate of
Reallocation eliminating the C7 withhold development.
SUBMITTED BY: Director of Public works#:
REVIEWED BY: City Manage~ ~ ~ (4/5 Vote: Yes- No-X.)
On July 2, 1992, the City and Kaiser Foundation Hospitals entered into a development agreement
to guarantee traffic oapacity for the development of a hospital in the Eastlake Village Center. The
guarantee was for the period prior to the construction of SR125. Based on subsequent new
SANDAG studies that show there are sufficient trips available on Eastlake Village Center I-North,
Council should now release the trip deferraL
RECOMMENDATION: That Council approve the resolution releasing the trip deferral on
Eastlake Village Center I-North and authorizing the Mayor to sign a Certificate of Reallocation.
BOARDS/COMMISSIONS RECOMMENDATION: N/A
DISCUSSION:
On July 2, 1992, the City and Kaiser Foundation Hospitals entered into a development agreement
to guarantee traffio capacity for the development of a hospital in the Eastlake Village Center. The
agreement is attached as Exhibit 'A' and a map showing the sites as Exhibit 'B'. The guarantee
was for the period prior to the construction of SR125 which will relieve the long term traffic
constraints in the City. Included as part of the development agreement was a trip deferral on
development of the Eastlake Village Center I-North parceL In a letter dated June 11, 1998
(Exhibit 'C') Eastlake requested release of the trip deferraL
The original trip deferral agreement required 1,772 p.m. peak hour trips to be deferred from both
the Kaiser Hospital, phase III development (521 p.m. peak hour trips) and Eastlake Village Center
(1,251 p.m. peak hour trips). The agreement provided that additional traffic studies of the
existing Zion Avenue Kaiser Hospital be the basis for establishing a traffic generation rate. That
study was performed and disclosed that a lower trip rate should have been used in the traffic
impact study. The lower trip rate resulted in a reduction of the peak hour trips from 1,772 to
1,152 thereby removing the need to defer development of the Kaiser Hospital phase III (521 trips)
and releasing development of Eastlake properties equivalent to 99 p.m:.peak hour trips to a net
C)-i
Page 2, Item -
Meeting Date 11/24/98
deferral of 1,152 trips for Eastlake. Resolution 17071, approved by the City Council on April
13, 1993 approved a certificate of reallocation for those trips. As a result, there is no longer any
deferral on the Kaiser property and a remaining deferral of 1,152 p,m. peak hour trips on Eastlake
Village Center.
Staff now recommends that the trip deferral should now be totally eliminated based on subsequent
new SANDAG studies that show there are sufficient trips available on the overall street system
during the peak hour to accommodate Kaiser's development agreement and Eastlake Village
Center I-North. As indicated in these studies, additional equivalent dwelling units could be added
to the system due to the reduction in the single family dwelling generation rate from ten to eight
in SANDAG's latest model. Therefore, for every 80 single family homes in the old model, 100
single family homes could be accommodated in SANDAG's more recent model.
Based on this change, the City prepared a revised traffic forecasting model for development of the
Eastlake and Kaiser sites. The model included full development on both the Kaiser Hospital and
Eastlake Commercial sites at commercial rates. The resulting total trips, when converted to p,m.
peak hour trip basis provided sufficient capacity for all phases of Kaiser Hospital and Eastlake
Village Center. Therefore, staff certifies that adequate p.m. peak hour trip capacity exists for
both Kaiser Hospital (all three phases) and for Eastiake's oommercial development on Eastiake
Village Center I-North without construction of SR-125.
FISCAL IMPACT:
By releasing the trip deferral and eliminating the Covenant to withhold development on the
Eastlake Village Center I-North parcel, it is estimated (based on a retail/commercial use) that once
developed $369,000 will be collected on this site for the Interim Pre-SRI25 Development Impact
Fee and $1,799,100 for the Transportation Development Impact Fee (TDlF) to help fund
transportation facilities when development takes place.
Exhibits
A. Trip Deferral Agreement
B. Location Map
C. Letter dated June 11, 1998 from Eastiake
D. City Council Resolution 17071
FILE, CVOO2
H ,IH OMEIENGINEERIAGEND A IEASTLD E 1 ,BOB
/~J-
RESOLUTION NO. /9.2.?3
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA RELEASING THE TRIP DEFERRAL ON
EASTLAKE VILLAGE CENTER I-NORTH AND
AUTHORIZING THE MAYOR TO SIGN A CERTIFICATE OF
REALLOCATION ELIMINATING THE COVENANT TO
WITHHOLD DEVELOPMENT
WHEREAS, EastLake is the owner of that certain real
property ("EastLake Property"), commonly Known as Village Center
I_North consisting of approximately 17.3 acres and located within
the city of Chula vista; and
WHEREAS, an Easement and Declaration of Covenants Running
with the Land was established on July 2, 1992 ("Deferral
Agreement") by and between EastLake, the city of Chula vista and
Kaiser Foundation, over the EastLake Property;
WHEREAS, Kaiser Foundation and the City entered into a
certain Development Agreement, dated July 2,1992, by Ordinance No.
2522, ("Kaiser Development Agreement") to permit the development of
a Medical Center and in which both parties agreed to recognize the
Deferral Agreement; and
WHEREAS, City is the grantee of an easement over the
EastLake Property for the purposes of enforcing the covenants
contained in the Deferral Agreement; and
WHEREAS, City has previously adopted a certificate of
Reallocation y Resolution No. 17071 reducing the peak hour vehicle
trip deferral 521 to 0 for the Kaiser Hospital and from 1,251
to 1,152 for Eastlake in accordance with the terms of the
Kaiser Development Agreement; an C () 9?'~:3.1
WHEREAS, City has now determined that based on new
revised SANDAG studies that there are sufficient trips available on
the overall street system to accommodate development of the
EastLake Property; and
WHEREAS, Paragraph 6.5.6 of the Kaiser Development
Agreement provides that if the City Council determines that
additional traffic capacity exists within the existing roadway
system as a result of changed conditions or assumptions, the City
Council shall allocate such amounts to the EastLake Property
thereby releasing a commensurate amount of development from the
restrictions of the EastLake Deferral Agreement.
NOW, THEREFORE, BE IT RESOLVED the city Council of the
city of Chula vista does hereby find that in accordance with
Paragraph 6.5.6 of the Kaiser Development Agreement that additional
traffic capacity exists within the existing roadway system as a
1
9~5
result of changed conditions or assumptions, in that newly revised
SANDAG studies indicate that there are sufficient trips available
on the overall street system to accommodate development of the
EastLake Property.
BE IT FURTHER RESOLVED that the City Council hereby
adopts the Certificate of Reallocation for the EastLake Property,
reducing the peak hour vehicle trip deferral from 1,152 to 0 for
the Eastlake Property, releasing EastLake from said Deferral
Agreement and authorizing the Mayor to execute said Certificate of
Reallocation.
Presented by Approved as to form by
Ov-~ \~.
John P. Lippitt, Director of John M. Kaheny, City Attõrney
Public Works
h, \HOME\LORRAINE\RS\KAISER,DEF
;-¥j9.1
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
CERTIFICATE OF TRIP REALLOCATION
This certificate of Trip Reallocation ("Certificate") is made
this day of , 1998, by and between THE CITY OF CHULA VISTA,
California ("City" or "Grantee" for recording purposes only) and
THE EASTLAKE COMPANY, LLC, a limited liability company ("EastLake") ,
with reference to the facts set forth below, which recitals
constitute a part of this certificate:
RECITALS
A. EastLake is the owner of that certain real property,
commonly Known as Village Center I North consisting of
approximately 17.3 acres and located within the city of Chula
Vista, California, as more particularly described in Exhibit "1"
attached hereto and incorporated herein ("EastLake Property").
B. An Easement and Declaration of Covenants Running with the
Land was established on July 2, 1992 ("Deferral Agreement") by and
between EastLake, the City of Chula vista and Kaiser Foundation,
over the EastLake Property.
C. Kaiser Foundation and the city entered into a certain
Development Agreement, dated July 2, 1992, by Ordinance No. 2522,
("Kaiser Development Agreement") to permit the development of a
Medical Center and in which both parties agreed to recognize the
Deferral Agreement. EastLake is an expressed third party
beneficiary of certain rights under this Development Agreement.
D. City is the grant_ee of an easement over the EastLake
Property for the purposes of enforcing the covenants contained in
the Deferral Agreement.
E. City has previously adopted a Certificate of Reallocation
by Resolution No. 17071 reducing the peak hour vehicle trip
deferral from 521 to 0 for the Kaiser Hospital and from 1251 to
1
9~5
1152 for EastLake Property, in accordance with the terms of the
Kaiser Development Agreement.
F. As provided for in the Kaiser Developer Agreement, the
City may allocate traffic capacity to the EastLake Property if the
City determines that additional traffic capacity exists within the
existing roadway system as a result of changed conditions or
assumptions relating to planned or assumed development within the
eastern regions of the City.
G. The City has now determined that based on new revised
SANDAG studies that there are sufficient trips available on the
overall street system to accommodate development of the EastLake
Property.
NOW THEREFORE, THE PARTIES HEREBY AGREE TO THE FOLLOWING:
1. In accordance with Section 6.5.5 of the Kaiser Development
Agreement, the City has determined that additional traffic capacity
exists on the overall street system as a result of revised SANDAG
studies, and does hereby certify that 1,152 P.M. Peak trips are
available to be reallocated to the EastLake Property.
2. In accordance with Section 3 (iii) of the Deferral
Agreement, EastLake' s deferral obligation therein does hereby cease
and terminate and said deferral obligation is released from the
title of the EastLake Property.
3. Nothing herein shall be construed as effecting any of the
benefits, obligations and provisions of the Kaiser Development
Agreement.
4. EastLake shall hold harmless the City, its elected and
appointed officers and employees, from and against any claims,
suits, actions or proceedings, judicial or administrative, for
writs, orders, injunction or other relief, damages, liability, cost
and expense (including without limitation attorney's fees) arising
out of this Certificate and the release of EastLake's deferral
obligation.
(NEXT PAGE IS SIGNATURE PAGE)
2
9/~
SIGNATURE PAGE TO
CERTIFICATE OF TRIP REALLOCATION
CITY OF CHULA VISTA EASTLAKE COMPANY, LLC
By:
Mayor
[Name]
Attest:
[Title]
Beverly Authelet, City Clerk
Approved as to Form:
John M. Kaheny, City Attorney
H, \Home\Attorney\Defer2 ,Agt
3
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EY""-!BIT ':S' EXHI31T ,A :d ~T:;
to Developm~t Ag=eem=--
- --,~,
?ecorè.i.,g Regtleste~ By: )
)
C~~ of c:m1.ð. Vista )
)
When Re=rded Ret= to: )
)
The City of Chu1.a Vista )
¿i6 Four-..:::. Avenue )
Clu1.a Vis'-~, CA 9~~O )
A-=tn: City Attorney )
GRANT OF :E:ASE!ŒNT AND
DECLARATION OF cov:E:NAmS RDNNDlG iiJ:TH THE LAm)
THIS GRANT OF EASDŒNT AND DEc:LARlcrION OF cov::mulTS RtJNNING
WITH TRE IAlm (the "Agreement") is made ëmd entered m-~ as of 'this
2Dd day of .7n1y. ~92, by and between Eas""..Iake DeveJ.opment Company,
a calif~-.rl.a gene-'""a2 partne-'"Ship consisting of =rporations,
("EastLake") I the City of ChuJ.a Vista, a 1II1mi.~ corporation
havÍDg charter powers (the "'City"), and. Kaiser Foundation
Eospitals, a Cali:forni:a non-prcfit public benefit co1:poration
("30spitals") I with respect to the folloid.Dg facts:
:RECITALS
A. E=tLake is the CWDer of 'that. certain :real prope-..-ty,
commonly :known ~ Village center I -North =isting of
a pp = XÍJna tel Y ~7.3 acres and located. odthin the City of Chula
Vis'-.;.a, cali:fo=ia, as =re partiClÙarly descriÞed iD Exhibit "~,,
attached hereto and. iDco:x:pcrated hereiD (IIVC I-Nor...hProperty").
B. The City is the oiolDer of cer...aiD property consistiDg of
s-::reets and other ÍJ!Jprovements located iD the City of Chu1.a Vista,
Ca1ifo=ia, and more particu1arly described iD EXhll:Iit "2" a~.;.ached
hereto and iDcorporated hereiD: and :is herewith the grantee of an
easement over the VC I -Nor...h Property fi'om EastLake, for the
purposes of enforciDg the covenants hereiD contaiDed and provided
as runniDg with the land ("City Prcpert.y"). .
C. EastLake mìd Hospitals have entered into that certain
Purchase Agreement aDd Escrow Instructions dated April 26, ~99~ and
the First Amendment thereto dated Karch 2. 1.992 aDd the Second
AJnendment thereto dated .7UDe 30, 1.992 ('the "Purchase Agreement")
with respect to that certain real property situated iD. the. City C?f
Clula Vis'-..a, Cali~ornia. as m~.... particul.arly described :ul
Exhibit "3" attached hereto and iD=rporated herein (the "Kaiser
Property") . PursuaDt to the Pu-'"Chase Agreement, EastLake has
kaisr22d. w? Grant of Easement and Covenant
June 30, 1952 Page 1
j q-~ "
==:nreyeè. ~ee title t:> tile Kaiser ?=ope---ty to Hospital.s conC"=e::tl.y
..:.til the =ecordation o~ this Ag-..eement.
D. In con3=c::+--ion witil the acquisition of the ~se= ?":op-
e--t::y, Hospitals _applied to the City for various land use en':~ -=:!.e-
:ments, including, bat not limited to, an aJltendment to the ::;ast-
Lake I Sec'-..ionaJ. P1a=iDg .A=ea- P1an ("SPA. and "SPA AJn~dmen:::") ,
approval of a ConèiticnaJ.. Use Permit/Precise Plan and a:a related
::iscretiona--y approvaJ.s fro:m the City all. as more :fully des=:i1:>ed
in _~eu:Final_ßu:ppleJl1enta1 Envircmmenta1-eImpact :Report 1:0= the
~- I~Secticma1 c..1'-J-'iõ'rm .,...-gi,ArE!ã']'( SPA~1.an AJIIeI1dmentj Xaise=
f=an~z ChuJ.a Y-is? Me~~;~;~~~~9_2..~~-¡r,J~<l? :
~SEJF!.h at i~~~~ - '--', - - rd-~~' - --<--<- e=
?e--manen'"'...e ChuJ.r vista Medical ~ Center~ ("Hedica.l Cen'"'..er")
(=llective1.y refe=ed to as the .EntitJ.ements.). :In addition,
Eospi ta:Ls is seekiDg the apprcva1 of the Ci. ty to a development
a;'"'-eement (.Deve1.op:ment Agreement") aJ.1cwing the devel.cpment of the
Medical Center. li approved and df~..ive, - the Development
Agreement. ;;r.:.:u. be recorded in the Officia1 :Records - of San Diego
County . EastLake...-;-1), be an express third party bendicia..-y of
ce..-rtain rights under the Development Agreement' as ddined therein.
E. '.!he Deve1.=:ment Agreement and thea:ñ£i.t1ëmen-f~.:.:u., in
pa..""t, pe-"":!!it the =Ï:s--..ruction of the Heàië:ai--Cëntei--and ai:fect
future deve1.opment on the :Kaiser Property and other property ..-i.thin
"the SPA owned by :EastLake, including the VC-I N~...h P=cpe-""'ty
{":::as--..Lake's Prope--r-ty"). Hospitals' Heàica1 Cen'"'...er proj ec'"- .is
divided bIto three (3) phases ("phase I,. "Phase II," and: "Phase
:ŒJ:") all as mo:re fully described in the SPA Amendment.
F. The :Entitlements aDd the DeveJ.opment Agreement a=e
ë:1ticipated to come before the City. counc:ll-:fo:c-del.iberation and
pcssibÌe approval ("city Approva1"L...~~3~9~~The city
...-ill deliberate - upon adopting o~~-ipproving the
Development Agree:men~. - ----'-- <
G. CitY Approval of the EntitJ.ements and the Dev~o~t
Agreement..-as conditioned upon complian~e_~~'Q,~~tJ~':'
~~==~~~~~ liór: parti --~=;.-
Xais~"'and EastLiike,<fs~Propê%::ty~- one-of -~ch, ti~tJ.on
~e do~~~~generaJ.lY -- speäking and withoa ...ent to
=e e e rec y state its actual teJ:mS, provides that the
KaiSer. Pe..~~ }«;d~cal ~enter ~~ ~~--~o~~~j:.,--
~~~~~e bui1.din ..permJ.t. -.!o~,<P~~TT' -~ ~c:t~..:.:J.S.-
~nsf~ed--that:.Zldeqaa~e.1-capac1q- . .1 -. . - . ...cc-l"I1II1II':""'\~the-
additj,9_~~~_ffic -by .one~o1:"any..: ~iri2it:t=a:f~~~C!D:~..:.:.&:it:!ihich
",as that the applicant--obtaiD' a ~~~~tticient in
the opinion of the city to obligate the "holder ot rights to
p=eviously approved development to not apply tor building pe-""1I1its
kaisr22d. .;p Grant of Easement and covenant
.J1.:.:Je 30, :1.992 ?age 2
Æ (/,,9
=== development vhiò has been included in 'tbe 't-...-.a.==ic S"=..l~-'" i:: ~e
?s=.!:R for ~e Pre-s?" US condition, provided that "tbe Ci.-=V a=ees
-.:h.at_-subt=ac'-~gthe~ficiçác;::~ :trœCšUch.:dëfe::-':'ëd dev~o=,,~'t.-
elÍJ!1Ïnãtes tiìë. si9nifi=t'"trúficiJiiPãë::'-..:s- of PhaSe I:::i: ide!!'...::; =ië:i
=or. the - P=-e-SR-12S-cõndit:i"õn::- - .
- -- -, . - - - ---- - - -
H. By virtue o~ the aforereferenced Deve:Lopme!:'t Ag=eeme:l'::
Ci't:y and Hospitals have agreed 1:0 recognize this G-~ of Ease::¡en;
ê..."'ld Coven=t Running With the Land, assuming i';: :..s exe=-.:::.e:i,
de1ivered ¡md recorded in the =er therein p~ded, as a."l
adequate aDd su:fficient Deferral Agreement ~=icient in 'tbe
opinion of the City 1:0 obligate the holder of rights to previo'CSly
a?proved ãevelopment othe..'"'Wise expected to gene:rat:ë-~Yi51-::P'.;,~~?eak~
~p~ ~ Dot ~ åPË!y::for1È@ ~.:përici:tiL .:fgrJdev~ opme;¡t: ~ë:i - has
been~c::J-nñ~.;;;oin..+-th~traf:fic:;stndy'in-_the=FS:EIR and -therein
attributed odth':l,"25!. c~.1!..~~Trips:=.:::' . - -.- ~ .-,". -
I. ~cF~::~=:-;;::~ ~W-772~':PK.Peäk Ecar ~ are
necessary ":fõr""àëv1a.õpm'én:tOf-ill ee Phases o:f- the Mec:iCal
Center.. Eas"-..Lake is agreeing, by virtue of this agreeJllent, to
.¡'ithhold development and a deferral.. on obtaining building 'Ce=its
0':1 Vc~;r_~~~..h ¿iOP~~e<;~éirai~or=bÜi1~~=::,VS::-ì::-li?~..h-
P...u~~.i,.,3ì'::rë'àai::é. P!FPeak'-~ ~~;;~~ ._...:~ ~.,;..
J. T:le Ci't:y ;;ill receive .benefits :from the xaiser Develop-
:ment, vhiò are :mere specifically set fo~..h in t:J.e Develop:ment
Asreement. The Ci.'t:y vould not receive these bene:fi ts bu'= =or
~..J:.ake' s agreement to the d~f~i;ranted. heremuier.
NOW, TEEREFORE, in consideration of the cov~...s, te=s and
conditions herein =tained, and in reliance on same to t:b.e
acknowledged detri:ment o~ the City in pe=it-~g ves""~g c= ùl
-:.hree phases of the Kaiser Medical Center, the p~--ies ac;=ee as
=::llows:
L EastLake . s Covenants and Grant of Easement. EastLake . has
ac;=eed to 'tbete..'"JnS of this Agree:ment in reliance çon the ci';:y's
covenants to perfo= its obligations to :Eas""~e as a t"'.;-d pi!---=Y
beneficia--y under the Development Agree:ment. - Subj ect to and
conditional. upon the execution and recordation o~ the Development
Asreement and EastLake's rights thereunder as an express third
party beneficiary, EastLake agrees to withhold development upon,
a.."'ld to de.!er seeking building pe=its vith respect to any
s-:.ruct=es. With respect to =y iJIIprove:ments other than
s":.-"""Uct=es. EastLake agrees to withhold development upon and to
defer seeking building per:mits ~orsame except those set fo~...h in
'tbe CUP pe..~tted to be built .:in. ~o~er ~!- tþe_~edica1. .c:~~er
a."'ld, in the .Ci ty' s discretion, those;;W!ñ'c:!i!-'ttie":'<:!~~é:f1.~"~~ 1.'..:.:' .
d~!e=~~ doësÚ~.,o_t":9'~~~e,~.anÿ7~~ic~'"'J ~;~Joz;--thft{VC7I. IiO~ ;-'
Property'-Wich'-'propërty-nas'an::att:rftJ~ ,. 5 lP!fPeak'Trips.as
kaisr22d. -7 Grant of Easemer.t a.."1d Ceve:¡ant
':;::;¡e 30, :992 ?age 3
% C¡~fD
te-:.e=ineè. ;,y =efe=ence to the EIR ("Coven=":. ":.::J W:.~:;:::.
:.evelopmen~"). In connection with, =::1 for "::::le ::"=-.-:>::Jse ==
e::=o=cing ~....;'" covenant, EastLake hereby g::-a;r...s to ci-::y ~ ~ase=te=~
==::- light, aiI and view ove:r all of the VC I Nor-...h ?=::>pe=-:-j' ;.t-..i.:::::.
easement ~ be coextensive with, and shall exist for so long /:.$
the Covenan-.. to Withhold Development ~ r~ in effect
according to the te=s of this Agreement and EastLake' s ThL -¿ ?a--tv
3ene:ficia-ry Rights =de:r the Development Ag=eement. -
2. Covenant of Geod Faith and Fai"- Dealina. Reithe= p2:.--=Y
s~l do any"'...hiDg which shaTI. have the e:ffect of ha..--ming or
,;"'j=ing the right af the athe:r party to receive the benefits af
-==.is AgreeJllent; each pa-...-ty shall refrain =em doing any"'..hing which
would rende:r its perfo=ance under this Ag=eement iJ¡¡possible; and
each party sha3.1 dO' everything which this Agreement contemplates
that such pa-.---ty shall do in arde:r to accomplish the objectives and
pIl-",?ases af this Agreement ("covenant af Good Frith8).
3. 'I'e-...-,¡¡inatian af covenant. Except as other.M.:.se set fO'r-...h
in the Development Agreement far the te=i=.tian af this Agreement
0'= as :may :be agreed to by a recorded. amenãment af this Ag=eement
t:!Xecuted by EastLake, Haspitals and .the City, this Agreement and
Eas-...Lake's de:fe=aJ. abligatian hereunde:r shall cease and te-""1Ilinate
0;:). the earlie:r af (i) twenty (20) years ar--...e:r the date upon which
the Develapment Agreement is recarded in the Offic:iaJ. Records af
San DiegO' County, (ii) the date an which the Development Agreement
-::e-""1I1inates due to' fail=e to satisfy the cond:i tians to the
effectiveness thereaf p~ant to Section _~.9 af the Develp~~t
Agreement, (ili) ~<¥t~ oIíL~~~;:25~ ~~,:~Pø"~'!'1::~lpëen
certified by the Cíty as hav. . ' a .,.
~~ to the previsians af Sectian.?'ê:S:;'7;o""'òf the Develepment
A=eement~ Upen åny such te=iDatien, e - ies ac;=ee ...0 execute
2.ll deCUJne.'1ts and take all other actiens =easenably necessa..ry to
::-emove the affec~ of this AgreeIDe.'1t on title to the VC-I Nor"'...h
?=operty. until te=ination of this covenant, the City's
o:::ligation as centained. in the Development Agreement, to the extent
they are for the express benefit af EastLake, shall continue and
::-eIDain in full force and effect.
4. covenant Runnina with Land. It is the. ilr...ention of the
p~ies that this agreement shall run with the J.al'1d and be binding
upon the ==essors and assigns to the pa-~els. The parties agree
that the previsiens o~ this Agreement touch aDd conCI!-""D the
?a::-cels. liJ. ef the provisions, agreements, rights, powers,
c:::¡venants, conditions, restrictians and obligations contained in
":.his Agreement shall be fer the t~ set ~or-~ he=ein, shall be
~i.."1ding upon and shall in=e to the benefit a~ the parties he=eto,
"dleir respective heirs, exe=tors, administrators, successors,
r;:.-antees, assigns, devisees, representatives, lessees and all other
pe=sons acquiring the VC-I North Property, the City Property or the
ka:.sr22d. -? Grant of Easement and Covenant
':;~-H, J 0, 1992 ?age 4
f c:¡ - If
/
Y.aiser P::'ope..""'ty (collec7~vely, 'the "?a-.-::els") 0= a¡¡y p==--io:1
~e:eof, 0= any in'=e:est the:ein, whether by ope-.-a-.:iO:1 of :.~;; 0::-
i:1 any m=er whatsoeve:. All of 'the p::-ovisions of ~s hç::-ee::le::t
shùl be covenants =inS .d.th 'the lë!lld pursuant "= ap::oli:::a=le
la., including, but not limited to Section l468 of the Ca1.if==ia
Civil Code. It. is expressly agreed that each covenant to do or
::-efrain ~ doing the a~~ specilied he:ein on the VC:-I No::-'".2:l
?::'operty he-.-eunder (i) :is for :the benefit of the City Prope-.'"tV and
'the Xaise: P=pert:y and is a b=den upon the VC-I No-'"-..h Pro~-::-...,
(ii) runs ..-ith the Parcels aDd (iii) shall bene~it 0::- be :::1."1~::¡
upon each su=essive owner du..~ its ownership of each Parcel, 0=
~ portion thereof, and each owner having an inte:est 'the=ein
de-.--ived in any m=er throagh any owner o~ any Pa=cel 0::- ê..."1Y
po::-tion the=eof- The parties f='-..her agree that in the event that
a coart of competent jurisdic7~on determines that this agreement
aDd the . covenants herein contained, do not, for any reason, =
.d.th the 1.=ã, it is an appropriate remedy for a ==t of eq-o.lity
to enforce the obligation against successors and assigns as an
eq¡¡itable servitude.. The par~es acknowledge that -;-;.,'; c: Agreement
h<!s a J.egitiJDate and reasonable social pmpose to wi t:;tE: prevent.
"the~deter:icntiori of thecuality of liie-of-thê:residents.:õf"C!iüla
vištâ'õJ:iyredné:iDg:the riSk of adverse traffiC-"CongEis"'..i.on:-'- Despite
=y law that lIIay suggest or reqaire that a covenant =ing .i th
the land 0::- an eq¡¡itable servitude is to be Stric7...ly co~-=ued
against owners of 'the benefitted property, the parties agree that
~;.,.; <: do cumen-... should not be lIIore strictly co~~ed against one or
Eore party or parties over the o'ther.
5- Recordation. This Agreement shall become effective and
binding upon the parties and their respective successors-in-
interest in accordimce with the provisions contained herein upon
::-ecordation of this Agreement in the Office of the C::J=ty Rec=::-der
of the Co=ty of San Diego, California.
6. :!o'.iscellaneous. This Agreem.ent =y. be execute¿ L'1
c::Ju.\,teIpa::-..s, each of which, taken together, shall be deeJlteë. to be
O:le fully exe=ted original. All prior and contempo=neous
k~:.sr22d.1oI? Grant o! EaseJltent and Coven~nt
,3';;"îe 30, 1992 Page 5
g tJ--/2- .¡,\v'
/' ag=eements, representations. nego~i.a~ior.s a-"1.d unde..-s-..a."1.dings 0= "::.:le
?~ies he::-eto, we'the::- o::-al or .-=i.-=---e.::¡. =e he::-~: S"~?erse:ie¿.
IN ~S WEEREOF, "::.:le pa::-...ies he::-e~o have exe=~e:: ~is
A;=eement as of the date f" =~ set forth ~ove.
EastLake: Zas--..Lake DeveJ.OpDent CoJ:!:?any,
a ~o=i.a general pa--tne..-ship
By: David V. Inc., a ca1.ifo=ia
cœ:pora.tion, gene-""CÙ pa...---t:le::-
By:
Its:
By:- Dalliel 'V. IDe., a ca1.if:ornia
=z:poration, gene-""CÙ pa...--tner
By:
Its:
C::ty: The City of Chllla Vista, a
municipal co¡:poration hav:ing
char=ered powe--s
By:
Its:
By:
Its:
=~spitals: Kaiser Foundation Hospi~ls, a
California non-profit or public
benefit corporation
By:
Its:
By:
Its:
kaisr22ã..? Grant of Easeme.::¡t and Ccvenan~
=t:..'"1.e 30, 1992 ?age 6
~ q--I)
:E:XEIBIT . ~ .
~o G=-= o~ Ease1IIen-= aDd Decla--ation c~
Co-.renan';:s R".¡nr'ng vi'ctl tbe Loand
VC-l No~~ Propertv
':'::Ie RemaiDde= ParceJ. por..ion of ParceJ. 2 of Pa---ceJ. Hap No. DaC:3,
=e==ded i::. 'ctle official Records of San Diego county, ~1. ' .c~~a
.., - 6 :1985, as J?Oc::ment !~: ~5-2 66854, as shown o? Pa=cel ~.z.? I
No. 16878, =e=rded J.I1 the O......~cial Records of San D:'~
~ 'on June 22, ~992, as Document No. 1992-0384869.
1'-- /r "1
EXEIBIT .. 2"
to G~ of Easement a.,d Decla--atio~ cf
Covena.,ts P'.=ni1:1; .i th 't:le Lane:.
ci".::v ~pertv
All dedicated pub1.ic roads adjacent to the Remainde= ?a=ce1. po=ion
c= Farce:!. 2 of P=e:!. Map No. :13883, recorded i:¡ the Official
'" .; County , Califo~ on July 25, :!.9ES, <:'5
Document No. 85-266854 as shown on Farce:!. Map No. ::'5ô7B, rec::r:ieè.
==e eco== of San Diego County, Ca1.i:for-...ia on J1:..."1e 22,
:E92, as Document No. H92-0384869, prese.."ltiy consisting 0=
~..Lake P=kway and Q"-~y Lakes Road.
% q -/.5
EXE:I3IT "3" .-
'to G=a.."lt of Easemeilt and De::lara'tio:: --
c::;--.renants Ru..."lI'..i1lg with ~e La..:1d
l'aise::- ?::-oDe!'"tv
?arcel 2 c'f Parcel Map No. 26878, recorded in the O'f'ficial Re::::r::is
c'f San Diego County, California on June 22,2992, as Do~~e::~ No.
:.992-0384869.
9--- /Þ ,\,'
?¡:¡O?OSED
=-=. . - - - .
.~' =-. = -
- - - --
=.!üiLAJ<E!.'::;T!'JITY C=='\~~ &
::.L,S,iLAK:: 3.JSIt\ESS C=!Ii"i::;
-:::z
EXYIBfT P T.
- - "
~-
~~M~-" ~~:- -,""",
, ¡,iE;;!l-::- ' .~- ;;::;;:-
E¡' '~- E?-~.~ -~-:;
Kaiser Hos ital Site
",.'-
Eastlake Commercial Site ~:~:':~.-:"~'
- .-----
~ '..- ..._,
~ :::---=. .,-,
KEY MAP
~."'-.:-:--.,
. r~,. .'
. /C: ""'~- 3
/i'" .-J' --.
- Ø6 j~./.\ ~
.. '.'
....... --
~ E~STIfI<E 1 ~~~..
A PLb,NNED COMMUNITY IN 1HE CITY OF CHUtA VISTA ~.;:" ~
.¡&-. q--/l
~
-
EXHIBIT - ~
£
],,:¡e ] L :?;;1; ...
..
....
George Kr=pl Tf-E
Depury Ciry Manager E45iL4K=:
CiT)' of Chula Vista CDMÞANY, u.:
176 Fourth Avenue
Cnu1a V15!z., CA 919] 0
&: EastLake Village Center North
Gnmt of Easement and Declaration of Covenants Running 'With the Land
DtaT ~o~:
:In 1991,:tht CÏty of Chula VISta and The EastLake Company made and =tred into the
m::rencec1 Gnmt of Easement (copy attached). The purpose ofthe,easemtm was to
msure:that 5IIfficient mmsportation capacity could be made available 10 the then proposed
Kalstr RospÏtaJ project. keently the Ciry of Chula Vim ÌJ2S peIionned addiTiona]
mIIlSportaIÍon stuàies 1hat have shown 1hat the existing and proposed trafu-ponarion
5}'Stem lIas 5IIfficiem capacity 10 serve the proposed developments within the Ea.st ern
- T trritories induåing the Kaiser .EospitaJproje=r.
Ji::cordingly, plea.se .accept this letter as The EastLake Company's fonnal request that the
~ - - . '~:~~õtärifu¡ ~1S~'$.5.7~ofihe-
.mS~_- :~.:ofChu1å Vis--..a,
@~!!- twould relea.se aU development deÎem¡]s ITom the ~ke
Village Ctmer North property.
Your ßSSistan::t with this matter is greatly appre::iated. If you have any questions Dr if
Tne:E.astLa1æ Company caD assist you in any V;<1Y please do not hesitate 10 ::aJ] me.
~*
Bruce N. Sloan
Vice Presidtm
BNS
Enclosure
?:~e"¡o:m¿¡.'\'¡¡i:>~, CenI:r Nonb D,f"",J Rel=, Requ<S:.óo,
-II- q//B 1\
,
';
90:' -=-.. "V~"U~. SuiE ¡:~ . ::~",: VIST:. C:'ö~"':o 9191< ,~¡e;:>n~n€ (6 ¡ç:, -C1-0127 . '~:s,:r¡i'~(610;":-":õ3,
~E -OSt
EXHIB:: ./
RESD~Uí¡DN NO. 17G71
RESOLUTION Of THE CITY OF CHULA VISTA APPROVING r,
CERTIFICATE OF RELOCATION BETWEEN THE CITY OF CHUU
VISTA, KAISER fOUNDATION HOSPITALS, AND THE EÞ.STLAI:E
DEVELOPMENT COMPANY
WHEREAS, in conjunction with the approval of the EastLake I SDé Amendment,
the City of Chula Vista and Kaiser Foundation Hospitals entered into è
Development Agreement dated July 2,1992.
WHEREAS, paragraph 1.6 of the Development Agreement identified traffic
impacts of the proposed EastLake 1 SPA. Amendment totaling 1,772 p.m. peak trips
in excess of p.m- peak trips generated by the previously approved land uses
within the SPA Amendment.
WHEREAS, paragraph 6.5.1 of the Development Agreement outlined a method
whereby development of the Kaiser Hospital faci lity coul d proceed provi di ng
deferral of other development was secured to offset the anticipated increase in
p.m, peak trips.
WHEREAS, the City of Chula Vista. Kaiser Foundation hospitals and EastLake
Development Company entered into an agreement entitled "Grant of Easement and
Declaration of Covenants Running with the Land" (Deferral Agreement) wr
sati sfi ed "the deferral requirements of paragraph 6.5.1 of the Developm~"L
Agreement.
WHEREAS, paragraph 6.5.2 of the Development Agreement provided that
additional traffic studies of the existing Zion Avenue Medical Center shall be
the basis for establishing traffic generation rates for the hospital facility.
WHEREAS, based on i nformati on regardi ng traffi c gene rat i on at the Zi on
Avenue Medi ca 1 Facil ity has demonstrated "that the generati on rates for the
hospital were lower than those assumed by the EastLake I SPA Amendment.
WHEREAS. paragraph 6.5.2 of the Development Agreement finds that the Zion
Study justifies a reduction in the previously assumed traffic rates, that the
fi rst 521 p.m. peak trips wi 11 be allocated to Kaiser to fully offset the
deferral provided by Kaiser in the Deferral Agreement with the balance of the
reduction offsetting EastLake's deferral. within the Vi 11 age Center North
property.
WHEREAS. paragraph 6.5.7 of the Development Agreement requires the City to
prepare and record a Certificate of Reallocation which effectively reduces the
Kaiser and EastLake deferrals as is appropriate due to the new hospital facility
traffic generation estimates which are derived from the study of the existing
Zion Avenue Medical facility.
~ q--/q
Resolution No. 17071
Page 2
NOW, THE?E?ORE BE IT RESOLVED, :hat the C ~ ty [ounci 1 ne~eDy aDo::.: ¿
"C!',,-i'ficate 07 Reallocation" for the EastLak!' J am!'nd!'d Specific Piannin: L'.~,
Viilag!' Center Plan reducing th!' peak hour vehicle trip deferral 'from ~2; :.: C
for Kaiser Hospital and 1,251 to 1,152 for EastLake Development Company as no:.ec
in Exhibit A.
; pc;;; 1 . ll. Zì:L ~~¡;
I JGhn P. LiPP1tt~ Bruce M. Boogaard
, Jitrector of Public Works City Attorney
.1
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Resolution No. 17071
Page 3
EXHIBIT A
E .I.STlAKE VILIA GE CEJ'\ J ~!{
PM PEAK HOUR TRIPS
I ORIGl"\AL I A.\.IESDED I I AMENDED I
LA."'D USE 1'LA.~ FLA.','II DIFfDŒNCE FLA.,"" DJFTI:R:E I;CE
Multifmilly 324 - -324 - -324
LiI=.'J' 40 40 0 40 0
Comrn:r,jaJ 1554 1211 -343 1211 .343
Offi::: 468 234 -234 234 -234
Kaiç:r 1:IospitaJ 2630 2630 2010 2010
P.hzse 1 - 560 560 40;2 442
p.hzse 11 - 1010 1010 758 758
p.hzse III - 1060 1060 810 810
Indus:riaJ -- 31 31 31 31
Chur:h - 12 12 12 12
TOTAL 2386 4158 1m 3538 1152
ORJGl"AL DEFERRAL I ]l.TW DEFERRAL
. K2iser P~.2.S' 11J 521 I 00
- Co~rner=;?è!Ofike 1251 1152
TOTA.L r-' I 1152
II.
(1) b<.s::d on D2Jiy Trips Rat: of 26 trips per 1000 $I . ft. and a peal:: bOUT tri.p Dt: of 1.97 trips per
1,roJ sq. i1.
(2) b~ on D~Jy Trips Rate oDD trips per 1000 $I . ft. and a peal:: hour trip ¡ate of 150 tri.ps per
1,000 sq. 11.
-if q-2(
Resolution No. 17071
Pag= 4
DÞ.SSED, PD?,OVi:D and ADOPTED by the City Coun:il of the :':y (,; :n¡;'ê
Vistë, Californ~ë, this 13th day of April, 1993, by the following vote:
YES: Councilmembers: Fox, Horton, Moore, Rindone, /lade,
NO~: Counci 1 members: None
ABSi:NT: Councilmembers: None
ABSTAIN: Councilmembers: None
/" /;~/~ -'
-
Tim Nader, Mayor
ATTEST:
'/
Beverly A. Autheïet, City Clerk
STATE OF CALIFORNIA )
COUNTY OF SAN DIEGO ) ss.
CITY Of CHULA VISTA )
1, Beverly A. Authelet, City Clerk of the City of Chula Vista, California, do
hereby certify that the foregoing Resolution No. 17071 was duly passed, approved,
and adopted by the City Council held on the 13th day of April, 1993.
Executed thi s 13th day of April, 1993.
/) ¡ / /
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Beverly A. Authelet, City Clerk
-,'i
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COUNCIL AGENDA STA TEME!\T
Item d.:"'¡
Meeting Date 4'13'93
.ITEM TITLE: Resolution 1/011 Approving a Certific:are of Reallo:atior. Vo-ith
the City of Chula Vista, Kaiser Foundation Hospitals, and the fu:1ake
Development Company
SUBMITTED BY: Director of Public wory
REVIEWED BY: City Manager (4/5ths Vote: Yes_!\o.lL)
On July 2, 1992, the City ~tered into a Development Agreement with Kaiser Foundation
Hospitals. The Development Agreement places .a threshold on the buildout of the Kaiser
Hl?spitaI IDJd .also limits the -amount of development pemútteð .by FactT "Jr" Development
Company, until State .Roure 125 is constructed. These deve1opment defenals were œemed
necessary 10 mitigate 1I2ffic .impacts identified in the Kaiser Hospi1al environmental impact
report. The defenals me equivalent to 1, m JX2k hour trips, 521 for Xaisc:r Hospital and 1,251
for EastLake Development Company_The ænount of trips produced by Kaiser Hospital was
assumed to be 26 trips per 1,000 square feet of floor =- The Deve1opment Agreement
provides that additional traffic studies of the existing Zion Avenue Kaiser Hospital in San Diego
be the basis for establishing a traffic genemion Jate. The study was performed by the f=
Kim1ey-Hom mId Associares, IDC. under the contract 10 Kaiser in accordance with the
Development Agreement., City staff Ieviewed tIíe study mId confirmed the :findings. This Study
disclosed that the trip rare should be 20 trips per 1,000 square feet. 'Ibis lower trip rare results
in a reduction of the peak hour trips from I,m to 1,152 thereby removing the need to defer
development of the Kaiser Hospital (521 trips) and releasing development ofEastLake properties
equivalent to 99 PM peak hour trips.
lŒCOMME!\"DATION: Thai the City Council approve the resolution.
BOAlIDS/COMMISSIONS RECOMMENDATION: Not applicable.
BACKGROUND:
When the City Council approved the EastI.aJœ 1 SF A Amendment 10 allow for the development
of a Kaiser Foundation Hospital, EastI.aJœ Development Company agreed to defer a portion of
their commercial mId office development in their Ea.s1:La1œ . Village Center to accommodate
Kaiser Phase 1 mId n mlda portion of Phase ill. Kaiser Hospita11ilœwise agreed to withhold
construction of a portion of their project (phase TII) until sufficient circulation capacity becomes
available. These defernùs were deemed necessary because the City's Iransportation Phasing
Plan (TPP) indic:a~ that the planned circulation network prior to the construction of State Roure
125 (SR-l25) could not absorb additional trips beyond that generated by the cumulative effect
of all of the approved projects, including theoriginal:EastLaIœ I SPA Village Center Plan.
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Page 2, hem 2.'1
Meeting Date 4'13'93
Sin::e the PM þ"'..ak hour repæs::nts the most critical impa..--æd period Df th~ ciay, it W2.\ agr=,
that the trips produced by the original Eastl.aJœ I SPA Village Cen~ during this hDu~,
amounting to 2,386 trips, would not be exceed~ by the 3II1endetI Kaiser HDspital Village Cen~r
Plan. Since theEastLakeI amend~ SPA Plan was shown to produce 1,772 more PM þ"'..ak hour
trips, Kaiser agreed to defer construction of their hospital equivalent to 521 peak hour trips and
EastI..ake Development Company agreed to defer commercial and/or office development
equivalent to 1,251 trips (see attach~ Exhibit A). A recent traffic geneIation study performed
at the Kaiser Zion Medical Center revealed that the assumed tate of 26 trips per 1,000 sq. ft.
of hospital use for the new EastLake facility probably overstated the peak hour trip count. Tne
Kaiser Zion HDspital Study revealed that the actual daily trip rate of that fa.."Ìlity is 20 trips pe~
1,000 sq. ft. and, bas~ upon A comparison of the two facilities, is probably the more
appropriate trip generation I'ate to be us~ at EastLake for the area wide traffic. The original
studyuti1ized data from fOUT of Kaiser'.:; SouthernCalifomia facilities, however, this more
œtailed Zion Hospital study mdicates that the Zion facility is a more typical case study. This
reduction m the trip nte allows for a removal of the Kaiser peale hour trip deferral and a
reduction m the deferral imposed on EastI.a1œ, thereby allowing for.a Ieal1ocation of PM peak
hour trips stipulated m the City'.:; development agreement with Xaiser 4IDd EastLake.
DISCUSSION:
The original EastLake I SPA Village C-enter was estimated to genexate a number of average daily
trips equivalent to 2,386 p.m. peak .hour tmffic trips. The approved amended plan, which
mc1udes the lLøvelopment of the Kaiser Medical FACility m tbree phases and modified land us::s
of the remaining property within the EastLake I SPA Village Center, produced 4,158 equivalent
p.m. peak trips, an mcrease of 1,772 peak hOUT trips. The daily trip generation tate for the
hospital was assumed to be 26 trips per 1,000 sq. ft. with a p.m. peak hOUT factor of 1.97 trips
per 1,000 sq ft. The total number of trips produced by the Kaiser Hospital Project based thes::
facrors Tesult~ in 34,710 daily trips and 2,630 p.m. peak .hour trips.
Based on projected traffic demands produced by land developments prior to the construction of
SR-125 as noted in the City's Transportation Phasing Plan, it was concluded that adverse traffi:
impa..'"ts could result if the p.m. peak .hour volumes exceeded the values orig:inally assumed for
the previously approved EastLake SPA I Village Center. To allow development of the Kaiser
Medical Facility, EastLake Development Company, Kaiser, and the City entered mto a deferral
agreement entitl~ "Grant of Easement and Declaration of Covenants Rumñng with the land".
This agreement precluded development within the Kaiser Permanente Phase 3 and EastLake
Development Company Village Center North Projects an amount sufficient to offset the 1,772
p.rn. peak trip increase. PIOVÏSíonS within the Development Apeement (paragraphs 6.5 through
6.5.7) outline various ways m which Dew traffic capacity is to be alloc:a1ed to Kaiser and
EastLa1œ to eliminate the development deferrals guaranteed by the deferral agreement.
The development agreement also mcludes a proviso that.allows for the :reduction m the hospital
trip genexation :rate jf a focused trip nte study at the Kaiser Zion Avenue medical facility in San
Diego disclosed a lower tate. To determine whether the medical facility p.m. peak trip tates
assum~ by the environmental impact report prepared m conjunction with the approval of {'1"
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Page 3, Item 2-£1
Meeting Date 4/13/93
Y..2i=' s proposed d::velopment in EastLak:: were too high, a Zion TIaffic Gen::ration StUdy was
¡>donned during the week of October 19, 1992. The Zion StUdy revea1::d a daily rare of 20
trips per 1,000 sq. ft., and ap.m. y-..ak hour factor of 1.5 trips per 1,000 sq. ft. The rares used
in th:: original Chula Vista Kaiser Medical Facility TIaffic Impact StUdy was 26 and 1.97
I"'...sp'"..ctively.
Bzs::d on the results of the study, staff is recommending that the trip generation rate for the
Iru:dicaI facility be modified for determining eastern areawide traffic impacts. Application of
th:: modified Iates lowers th:: p.m. peak hour nips from 1,772 to 1,152 p.m. peak trips, a
redu..'ii.on of 620 y-..ak hour nips. In accordance with paragraph 6.5.2 of the Development
Agreement the "savings" j¡¡ p.m. peak trips (620 nips) are to be.first cmiited against Kaiser's
dci'=1 (521 trips). This credit eliminates Kaiser's Phase 3 defenal obligation. The balance
of the "savings" or reduction in p.m. peak trips (99 trips) is to be credited to EastI.alœ. This
1att::rcredit brings the EastLa1œ total revised 00=1 requirement to 1,152 p.m. peak trips.
Conclusion
Staff recommends that
1. The City concur with the results of the Zion Medica] Facility Study and find that the
trnffic generation :rate assumptions of 20 average daily trips per 1,000 sq. ft. and 1.5
p.m. peak 1rips per 1,000 sq. ft. be used when determining the eastern areawide traffic
impacts of the Kaiser Permanente Medical Facility 1ocatedwithin th:: boundary of the
F.astLake 1 SPA Amendment.
2. The City formally recognize the impact of this change j¡¡ 1rip rate assumptions by
approving and recording a copy of the resolution which will serve as a Certificate of
Reallocation which removes the Kaiser 1'ermanente deferral of 521 p.m. peak trips.
3. The City formally recognize the impact of 1his change in 1rip rate assumptions by
approving and recording a copy of the resolution which. will serve as a Certificate of
Reallocation which reduces EastLake Development Company's cu=t deferral of 1,251
p.m. peak nips to a total of 1,152 p.m. peak trips within the Village Center North area.
FISCAL IMPACT: None.
WPC P,IHOME\ENGlNEERI>\GENDA \ZIONTIUP
0WI!93 Fù<'
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EXHIlllLA
EA.STI.A KP. VILLAGE CENn<~R
PM PEAK HOUR TR~
ORIGINAL AMENDED AMENDED
LAND USE PLAN PLAN'I) DIFFERENCE PLA.~) D lFFEREN CE
Multifamily 324 - -324 - -324
LibIa.ry 40 40 0 40 0
Comm=rcial 1554 1211 -343 1211 -343
Office 468 234 -234 234 -234
Kais=r .Hospital 2630 2630 20ID 20ID
Phase 1 - 560 560 442 442
Phase n - 10ID 1010 758 758
Phase ill - 1060 1060 810 810
Industrial - 31 31 31 31
Church - 12 12 12 12
TOTAL I 2386 4158 1772/ 3538 1152
ORIGINAL DEFERRAL I NEW DEFERRAL
- Kaiser Phase ill 521 00
- Commercial/Office 1251 1152
TOTAL 1772 1152
(1) based on Daily Trips Rate of 26 trips per 1000 sq. ft. and a peak hour trip rate of 1.97 trips per
1,000 sq. ft.
(2) based on Daily Trips Rate of 20 trips per 1000 sq. it. and a peak hour trip rate of 1.50 trips per
1,000 sq. it.
'WJ'C F; -\=r"'=l633 .93
040793
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COUNCIL AGENDA STATEMENT
Item) ¿)
Meeting Date 11/24/98
ITEM TITLE: Public Hearing on Adoption of the Otay Ranch Village I and 5 Pedestrian
Bridge Report and Establishment of the Otay Ranch Village 1 and 5
Pedestrian Bridge Development Impact Fee
SUBMITTED BY: Director of Public Works ~.
REVIEWED BY: C!tyM,",g"Lf'-~ ~1 (4/5ths Vote: Yes_No_X)
Staff recommends that this item be continued to the meeting of December 8, 1998.
File # 0725-10-HXO4
H,IHOME\ENGINEERIAGENDA IBRIDGE- 4, weD
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CITY COUNCIL AGENDA STATEMENT
Item: J/
-
Meeting Date: ~
ITEM TITLE: REPORT: Consideration of the Final Subsequent Environmental Impact
Report (EIR 97-04), California Environmental Quality Act (CEQA) Findings
of Fact, Statement of Overriding Considerations and Mitigation Monitoring
Program for the EastLake Trails/Greens Replanning Program
/9:2.71'
RESOLUTION EIR-97-04: Resolution of the City Council of the City of
Chula Vista certifying the Final Subsequent Environmental Impact Report
(FSEIR 97-04) for the EastLake Trails/Greens Replanning Program, making
certain Findings of Fact; adopting a Statement of Overriding Considerations
pursuant to the California Environmental Quality Act; and adopting a
Mitigation Monitoring and Reporting Program
SUBMITTED BY: Œredo, of PI(W' om! Boildffig øt
REVIEWED BY: City Manager. (4/Sths Vote: Yes - No X)
A public hearing on the Draft ofthis SEIR was held by the Planning Commission on August 26,
1998, closing the public review period. Staff and the consultant (RECON), with legal assistance
/Tom the law firm of Remy, Thomas & Moose, have prepared the Final EIR, CEQA Findings of
Fact, Statement of Overriding Considerations and Mitigation Monitoring Program.
RECOMMENDATION:
That the City Council adopt the Resolution certifying the Final EIR, adopt CEQA Findings of
Fact, Statement of Overriding Considerations, and the Mitigation Monitoring Program.
BOARD/COMMISSION RECOMMENDATIONS:
Planning Commission
The Planning Commission met on November II, 1998 and at that time adopted Resolution
Number EIR 97-04 certifying the Final EIR, adopting the CEQA Findings of Fact, Statement of
Overriding Considerations, and the Mitigation Monitoring Program.
The Commission voiced concerns regarding cumulative traffic impacts. They were concerned
about the timing for Citywide and regional facilities, such as Olympic Parkway and SR-125. The
Commission requested a workshop on this subject, which staffwill be scheduling as soon as
possible.
H: \HOMEIPLANNINGIMARIL YN\EASTLAKE\ST AFF - RE\CC- RPT, WPD
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Page 2, Item-
Meeting Date: 11/24/98
Resource Conservation Commission
At their August 17, 1998 meeting, the Resource Conservation Commission (RCe) passed the
following motions:
A motion was made (Fisher/Marquez) that EIR 97-04 be accepted with the following
requirements:
a. surveys for sensitive species be done so that the EIR is consistent with the
Subregional Plan;
b. study Salt Creek Wildlife and movement to see the total impacts;
c. that the project consider first flush mechanism on drainage system;
d. create wetland or pond on-site so that exotic species' biological impact of pond
does not affect Salt Creek;
e. planting of greens be considered with the flow downstream to Salt Creek natural
areas of Otay Ranch as required by City conservation easement.
The motion was approved by a vote of 4-0.
As a result of the comments made by the RCC (item a. above), additional biological surveys for
sensitive species were perfonned on the site (see Response 1 on page PR-19). These surveys are
discussed in detail in Appendix C of the FSEIR and on page 86 ofthe FSEIR. These surveys
concluded that none of the sensitive species in question were present on the site.
Response to Comment #2 (item b. above) on page PR-19 of the Final SEIR confinns that the
Draft Subarea Plan does not show a north-south wildlife corridor within the EastLake Trails
property. The City's Draft Subarea Plan does show habitat preserve areas/corridor areas east of
the EastLake Trails site, along the west side of Lower Otay Reservoir. This corridor connects to
the Salt Creek Ranch and provides for more viable wildlife north-south movement.
Response to Comment #3 (item c. above) on page PR-19 of the Final SEIR confinns that
potential adverse impacts to water quality within the Salt Creek natural drainage course have
been addressed in the EIR and that mitigation measures have been incorporated into the project
that would avoid adverse impacts to water quality.
Response to Comment #4 (item d. above) on page PR-19 addresses exotic plants and animals in
the pond adjacent to Salt Creek. At the Tentative Map stage, conditions will be put on the
project restricting the use of exotic plants and animals.
Response to Comment #5 (item e. above) on page PR-19 pertains to future planting within the
H: IHOMEIPLANNINGIMARIL YNlEASTLAKEIS T AFF - REICC- RPT, WPD
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Page 3, Item-
Meeting Date: 11/24/98
Salt Creek corridor. As discussed in the EIR, the City, the California Department ofFish and
Game and the U.S. Fish and Wildlife Service will all review the revegetation plan for the Salt
Creek corridor to ensure that a viable native habitat is created and that potential indirect adverse
impacts off-site to the south are avoided.
City staff and the Environmental Consultant believe that the Final SEIR contains adequate
responses to the comments made by the RCC. The RCC comments with responses are a part of
the Final SEIR.
DISCUSSION:
The purpose of the currently proposed planning program is to incorporate the "Land Swap"
parcels into the EastLake II GDP, EastLake Greens SPA and other associated documents; and to
replan the land use distribution and adopt a SPA plan, with associated regulatory documents, for
the Trails neighborhood.
This document is a "Subsequent EIR", which means that it is tiered off previously prepared
EIRs. Both EastLake Trails and Greens have been previously addressed in several EIRs,
including the original Master EIR for EastLake (EIR 81-3), the Final EIR for EastLake Greens
SPA and the EastLake Trails prezone and annexation (EIR 86-4). Although the Trails was
addressed in the previous documents, specific impacts for the Trails could not be completely
addressed at that time because planning for that portion of the project had not progressed to a
stage where sufficient detail was available to do a complete impact analysis. Therefore, although
many issues have been addressed previously, an SEIR was required for this project for two
reasons; one, to detennine if the previous environmental review was still accurate in light of the
more detailed plans that are now available; and two, in order to make a detennination that the
infonnation contained in the previous documents was still timely and to the extent that it was not,
to update it.
Letters of Comment were received on the Draft SEIR ftom the following agencies and
individuals and are included in the CommentslResponse section of the Final SEIR:
California Department ofFish and Game - CDFG's comments were regarding the MSCP
Subarea Plan and this project's potential impact on the draft plan and; mitigation within
the Trails project site for impacts to Salt Creek as a result of the Olympic Parkway
crossing and the future park within the Trails (see pages PR-I through PR-3 of the Final
SEIR).
California Department of Transportation - Caltrans comments regard impacts on
Interstate 805 including future interchanges, the thresholds used for the analysis in the
RIHO MEIPLANNIN GIMARlL YNlEAS TLAKEIS T AFF - REICC- RPT, WPD
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Page 4, Item -
Meeting Date: 11/24/98
EIR, noise impacts related to future SR-125 and coordination for the design ofSR-125
with facilities for the Land Swap (i.e. drainage, etc.) (see pages PR-4 through PR-5 of the
Final SEIR).
Otay Water District - The Otay Water District's comments requested that the document
clearly reflect the most up to date Subarea Water Master Plan and that the document
reflect that portions of the site still need to be annexed to improvement districts in order
to obtain recycled water (see page PR-8 of the Final SEIR).
Chula Vista Elementary School District - The Elementary School District confinned the
fonnation of a C.D. and that planning is in process for the school site within the Trails
(see page PR-9 of the Final SEIR).
San Diego County Archaeological Society - The society confinned that there are no
significant archaeological impacts associated with the project (see page PR-IO of the
Final SEIR).
City ofChula Vista Department of Public Works - The Engineering Division provided
clarification regarding mitigation measures already planned by the City that will mitigate
impacts to Telegraph Canyon Road and East "R" Street. Although the measures proposed
by Engineering in their comment letter are different from the mitigation measures
proposed in the Draft EIR, they will provide the same level of relief. The mitigations in
the Final SEIR reflect the comments from Engineering. In addition, the Engineering
Division's comments clarifY the classification of certain roadways regarding widths and
future anticipated improvements (see pages PR-ll through PR-B of the Final SEIR).
The EastLake Company requested clarification of some of the traffic mitigation measures.
The clarifications requested by the EastLake Company were addressed in the comments
from the Engineering Division. The EastLake Company also requested clarification of
the classification for a portion ofthe Runte Parkway (see pages PR 32 through 33 ofthe
Final SEIR).
Also included in the Comments section of the Final SEIR are the minutes from the RCC meeting
and the Planning Commission public hearing on the Draft SEIR.
Findings of the FSEIR:
Project level and cumulative impacts were identified and divided into three categories:
significant and unmitigable, significant and mitigable to a less-than-significant level and less than
significant. All feasible mitigation measures have been incorporated into the project or made
H:IHOMEIPLANNINGIMARIL YN\EAS TLAKEIST AFF - REICC-RPT, WPD
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Page 5, Item -
Meeting Date: 11/24/98
oonditions of approval. Feasible mitigation measures are those which are capable of being
implemented. If they are infeasible, they cannot be implemented. A more detailed analysis of
some measures will be required at the tentative map or grading plan level of consideration (i.e.
noise). The significant and unmitigable cumulative impacts require a Statement of Overriding
Considerations in order to approve the project. The Statement of OveITiding Considerations is
part of the proposed "Findings of Fact".
These conclusions are based on the previous EIRs and the subject FSEIR.
With the exception of cumulative traffic impacts and cumulative air quality issues, all significant
issues have been mitigated to less than significant.
Significant and Not Mitigable
All ofthe significant, unmitigable impacts identified in the Final SEIR are cumulative.
Cumulative impacts are significant when the project is combined with other Subregional
projects. The reasons for these impacts being identified as significant and unmitigable are
discussed below:
Traffic (cumulative)
For the years 2000, 2005, 2010 and Build out significant cumulative impacts are
identified for segments ofI-805. The mitigation for these impacts is continued fteeway
planning efforts by Caltrans and SANDAG to detennine acceptable mitigation strategies
for the regional fteeway system. These impacts are all considered significant cumulative
impacts. Freeway improvements are regional in nature and beyond the control of either a
single developer or the City. Therefore, impacts to fteeways are considered cumulatively
significant and can not be fully mitigated to a level of less than significant.
Air Quality (cumulative)
The proposed project is consistent with the goals and objectives ofthe Regional Air
Quality Strategies; therefore the project does not result in a significant project specific
impact. However, the San Diego Air Basin is a non-attainment area, therefore, any
incremental increase in pollution is considered a significant cumulative impact. The
cumulative impact is a regional impact beyond the control of the project applicant and
cannot be mitigated to a level less than significant.
As a result, to approve the proposed project, the City must adopt a "Statement of Overriding
Consideration" (Section XI of the CEQA Findings) pursuant to CEQA Guidelines Sections
15043 and 15093. The Statement of Overriding Considerations identifies the substantial social,
environmental and economic benefits that warrant overriding the significant, unmitigable
H:IHOMEIPLANNINGIMARIL YNIEASTLAKEIST AFF-REICC-RPT.WPD
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Page 6, Item -
Meeting Date: 11/24/98
impacts. This Statement allows the lead agency to approve a project with significant
environmental impacts that can not be mitigated.
Significant Impacts Miti~ated to Less- Than-Significant
Impacts in the following categories for the EastLake Trails/Greens Replanning Program can be
mitigated to a level below significance with the implementation of mitigation measures.
Transportation/Traffic Circulation (cumulative and direct)
Biological Resources (direct)
HydrologylDrainage (direct)
Landfonn AlterationsNisual Quality (direct)
Noise (direct)
Paleontology (direct)
Air Quality (direct short tenn)
Public Facilities
Water facilities
Sewer services
Schools
Police Services
Fire Services
The impacts in these issue areas have been mitigated to less than significant through various
means such as mitigation monitoring, payment of fees and threshold compliance.
Impacts Less- Than-Significant
Impacts in the following categories were detennined to be less than significant.
Land Use (direct and cumulative)
Cultural Resources (direct and cumulative)
Public Facilities
Park and Recreation (direct and cumulative)
Air Quality (direct long tenn)
Additional Analysis Contained in the Final SEIR:
In response to comments trom the City Engineer, additional intersection analysis were perfonned
for EastLake Parkway at Otay Lakes Road, Greensgate Drive, and Clubhouse Drive. These
analyses were conducted for the Year 2010 and Build out. Based on the additional analysis,
these intersections are calculated to operate at LOS D or better in both the AM and PM peak
hours. As such, the potential street segment impact on EastLake Parkway between Otay Lakes
H, IHOMEIPLANNINGIMARIL YNlEAS TLAKE\ST AFF-RE\CC-RPT, WPD
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Page 7, Item-
Meeting Date: 11/24/98
Road and Clubhouse Drive is no longer considered significant. The analysis and mitigation
measures in the FSEIR have been modified accordingly.
CONCLUSION:
All feasible mitigation measures with respect to project impacts have been included in the
FSEIR. All direct and most cumulative impacts can be mitigated to a level of less than
significant, provided these measures are adopted. However, two cumulative unmitigable
impacts remain; air quality and traffic related to 1-805. Both ofthese issues are regional in nature
and beyond the control of either the applicant or the City. Therefore, staff has included a
Statement of Overriding Considerations in the draft Findings of Fact.
There is one direct traffic impact as a result of this project. That impact occurs in Year 2010 at
the intersection of Otay Lakes Road and Lane A venue. Mitigation measures requiring
improvement of the intersection prior to the issuance of the first building pennit for the southern
"Land Swap" parcel have been included in the SEIR. This measure mitigates the impact to less
than significant. All other traffic impacts identified in the FSEIR are cumulative. With the
exception of cumulative impacts to 1-805, all cumulative traffic impacts will be mitigated to less
than significant through the payment of Transportation Development Impact Fees.
The City has examined a reasonable range of alternatives to the proposed project, other then the
original proposed project as described in the FSEIR. Based on this examination, the City has
determined that neither of the alternatives (I) meets the project objectives, and (2) is
environmentally preferable to the project.
FISCAL IMPACTS:
All costs associated with preparation of the environmental documents have been paid by the
project applicant.
Attachments' 1. FSEIR 97-04 (previously distributed)
A. Comments and Rosponses (previously distributed)
B. Mitigation Monitoring Report (previously distributed)
2. Planning Conunission Resolution ElR-97-O4 /
3, Planning Conunission Minutes
November 18, 1998 (7,S4am) ~O~
H: \HO MEIPLANN1NGIMARIL YNlEAS TLAKEIST AFF-REICC-RPT. WPD
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RESOLUTION NO. ) 9:¿ '}.y
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA CERTIFYING THE FINAL SUBSEQUENT
ENVIRONMENTAL IMPACT REPORT (FEIR 97-04) FOR THE
EASTLAKE TRAILS/GREENS REPLANNING PROGRAM;
MAKING CERTAIN FINDINGS OF FACT; ADOPTING
A STATEMENT OF OVERRIDING CONSIDERATIONS
PURSUANT TO THE CALIFORNIA ENVIRONMENTAL
QUALITY ACT; AND ADOPTING A MITIGATION
MONITORING AND REPORTING PROGRAM
WHEREAS, the EastLake Company submitted an application requesting approvals for
amendments to the City of Chula Vista General Plan, EastLake II General Development Plan and
EastLake Greens Sectional Planning Area (SPA) Plan, and adoption of a SPA Plan for the
EastLake Trails Neighborhood ("Project"); and,
WHEREAS, the City of Chula Vista ("City") circulated a request for proposals to prepare
an environmental impaot report for the EastLake Trails/Greens Replanning Program and selected
the firm of Regional Environmental Consultants (RECON) to prepare the Environmental Impact
Report (EIR); and,
WHEREAS, a Draft EIR 97-04 was issued for public review on July 24, 1998, was
reviewed by the Resouroe Conservation Commission on August 17, 1998, and was processed
through the State Clearinghouse; and,
WHEREAS, the Chula Vista Planning Commission held a duly noticed public hearing
on the Draft EIR on August 26, 1998; and,
WHEREAS, RECON prepared a Final Subsequent Environmental Impact Report (FEIR
97-04) on the EastLake Trails/Greens Replanning Program; and,
WHEREAS, FEIR 97-04 incorporates, by reference, the prior ErRs that address the subject
property including the Master EIR for EastLake (EIR 81-3) and the Supplemental EIR for the
EastLake Greens SPA and EastLake Trails prezone and annexation (ErR 86-4), as well as their
associated Findings of Fact and Mitigation Monitoring and Reporting Programs. EIR 81-3 was
certified by the City Council in February, 1982 and EIR 86-4 was certified by the Chula Vista
City Council on July 18, 1989, and,
WHEREAS, to the extent that these Findings of Fact attached hereto as Exhibit "A",
conclude that proposed mitigation measures outlined in the FEIR 97-04 are feasible and have not
been modified, superseded or withdrawn, the City of Chula Vista hereby binds itself and the
Applicant and its successors in interest, to implement those measures. These findings are not
1
I)-~
merely informational or advisory, but constitute a binding set of obligations that will come into
effect when the City adopts the resolution approving the Project. The adopted mitigation
measures attaohed hereto as Exhibit "B" are express conditions of approval. Other requirements
are referenced in the Mitigation Monitoring and Reporting Program adopted concurrently with
these Findings of Fact and will be effectuated through the process of implementing the Project
NOW, THEREFORE, BE IT RESOLVED THAT THE CITY COUNCIL of the City of
Chula Vista does hereby find, determine, resolve and order as follows:
I. PLANNING COMMISSION RECORD
The proceedings and all evidenoe introduced before the Planning Commission at their
public hearings on the Draft EIR 97-04 held on August 26, 1998, their public hearing on
this project held on November 11, 1998 and the minutes and resolutions resulting
therefrom, are hereby incorporated into the record of this proceeding. These doouments,
along with any documents submitted to the decision-makers, including documents
specified in Public Resources Code Section 21167.6, subdivision(s) , shall oomprise the
entire record of proceedings for any claims under the California Environmental Quality
Act ("CEQA") (Pub. Resources Code §21000 et seq.).
II. FEIR 97-04 CONTENTS
That the FEIR 97-04 consists of the following:
1. Master EIR for EastLake (EIR 81-3) as well as their assorted Findings of Fact and
Mitigation Monitoring Program; and
2. Supplemental EIR for EastLake Greens SPA and EastLake Trails Prezone and
Annexation (EIR 86-4), as well as their assorted Findings of Fact and Mitigation
Monitoring and Reporting Programs.
(all hereafter collectively referred to as "FSEIR 97-04") cò9g~cJ EI
III. FEIR REVIEWED AND CONSIDERED
That the City Council of the City of Chula Vis as reviewed, analyzed and considered
FEIR 97-04 and the environmental impact erein identified for this Project, the Findings
of Faot and the Statement of Overri' Considerations (Exhibit "A" to this Resolution,
known as dooument number , and the proposed mitigation measures contained
therein, and the Mitigation Monitoring and Reporting Program (Exhibit "B" to this
Resolution, known as document number ~, prior to approving the Project. Copies of
said Exhibits are on file in the office of the City Clerk.
IV. CERTIFICATION OF COMPLIANCE WITH CALIFORNIA ENVIRONMENTAL
2
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QUALITY ACT
That the City Council does hereby find that FEIR 97-04, the Findings of Fact and the
Statement of Overriding Considerations (Exhibit "An to this Resolution), and the
Mitigation Monitoring and Reporting Program (Exhibit "B" to this Resolution) are
prepared in accordance with the requirements of CEQA (Pub. Resouroes Code, §21000
et seq.) the CEQA Guidelines (California Code Regs. title 14, §15000 et seq.), and the
Environmental Review Procedures of the City of Chula Vista.
V. INDEPENDENT JUDGMENT OF CITY COUNCIL
That the City Council finds that the FEIR 97-04 reflects the independent judgment of the
City of Chula Vista City Council.
VI. CEQA FINDINGS OF FACT, MITIGATION MONITORING AND REPORTING
PROGRAM AND STATEMENT OF OVERRIDING CONSIDERATIONS
A. Adoption of Findings of Fact
The City Council does hereby approve, acoept as its own, incorporate as if set
forth in full herein, and make each and every one of the findings contained in the
Findings of Fact, Exhibit "A" of this Resolution, known as docwnent number
-' a copy of which is on file in the office of the City Clerk.
E. Statement of Overriding Consideration
Even after the adoption of all feasible mitigation measures and any feasible
alternatives, certain significant or potentially signifioant environmental effects
caused by the project, or cumulatively, will remain. Therefore, the City Council
of the City of Chula Vista hereby issues, pursuant to CEQA Guidelines Section
15093, a Statement of Overriding Considerations in the fonn set forth in Exhibit
"A", known as document number -' a copy of which is on file in the offioe of
the City Clerk, identifying the specific economic, social and other considerations
that render the unavoidable significant adverse environmental effects acceptable.
C. Certain Mitigation Measures Feasible and Adopted
As more fully identified and set forth in FEIR 97-04 and in the Findings of Fact
for this project, which is Exhibit "A" to this Resolution, known as docwnent
number -' a copy of which is on file in the office of the City Clerk, the City
Council hereby finds pursuant to Public Resources Code Section 21081 and CEQA
Guidelines Section 15091 that the mitigation measures described in the above
referenced docwnents are feasible and will become binding upon the entity (such
as the project proponent or the City) assigned thereby to implement same,
3
J}-"J¿}
D. Infeasibility of Mitigation Measures
As more fully identified and set forth in FEIR 97-04 and in the Findings of Fact
for this project, which is Exhibit "A" to this Resolution, known as document
number -' a copy of whioh is on file in the office of the City Clerk, certain
mitigation measures desoribed in the above-referenced documents are infeasible.
E. Infeasibility of Alternatives
As more fully identified and set forth in FEIR 97-04 and in the Findings of Fact,
Section XII, for this project, which is Exhibit "A" to this Resolution, known as
document number -' a copy of which is on file in the office of the City Clerk,
the City Council hereby finds pursuant to Public Resources Code Section 21081
and CEQA Guidelines Section 15091 that alternatives to the project, which were
identified as potentially feasible in FEIR 97-04, were found not to be feasible.
F, Adoption of Mitigation Monitoring and Reporting Program
As required by the Public Resources Code Section 21081.6, City Council hereby
adopts Mitigation Monitoring and Reporting Program ("Program") set forth in
Exhibit "B" ofthis Resolution, known as document number -' a oopy 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
permittee/project applicant and any other responsible parties implement the project
components and comply with the feasible mitigation measures identified in the
Findings of Fact and the Program.
VII. NOTICE OF DETERMINATION
That the Environmental Review Coordinator of the City of Chula 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
doouments submitted to the decision-makers, including documents specified in Public
Resources Code Section 21167.6, subdivision(s), shall comprise the entire record of
proceedings for any claims under the California Environmental Quality Act ("CEQA")
(Pub. Resources Code §21000 et seq.).
Presented by Approved as to form by
~~,
Robert A. Leiter, Director of John M. Kaheny, City Attorney
Planning and Building
4
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Exhibits
Exhibit A: Findings of Fact and Statement of Overriding Considerations 1.~
Exhibit B: Mitigation Monitoring Program (l'!ø,:y;
H:Isharedlattorneyleir9704.res ~¡j)
~O'tSC~
5
/ /- /3 f / /' ,:¿
EASTLAKE TRAILS/GREENS REPLANNING PROGRAM
SUBSEQUENT ENVIRONMENTAL IMPACT REPORT
(GPA, GDP,AND SPA PLAN)
FINAL CEQA FINDINGS OF FACT
and
STATEMENT OF OVERRIDING CONSIDERATIONS
November 4, 1998
)/-;i
.~ BEFORE THE CHULA VISTA
CITY COUNCIL
RE: Eastlake Trails/Greens Replanning Program;
Subsequent Environmental Impact Report EIR #97-04
FINDINGS OF FACT
1.
INTRODUCTION
The Subsequent Environmental Impact Report (SEIR)! prepared on this project addressed
the potential environmental effects of a proposed ohange to existing land use plans to
replan the land use distribution in the 322-acre EastLake Trails neighborhood, in
EastLake II, and adopt a new Sectional Planning Area (SPA) plan with associated
regulatory documents which incorporate two of the three "Land Swap" parcels (141.7
acres) into the EastLake II General Development Plan (GDP), EastLake Greens SPA, and
other associated documents.
In addition, the SEIR evaluated two alternatives to the proposed project: the No Project
alternative, whioh assumes no development of the EastLake Trails site and "Land Swap"
parcels, and the "Reduced Developmenl Consistent with the Adopted Plans" alternative
which assumes implementation of the adopted GDP. These findings have been prepared
to comply with requirements of the California Environmental Quality Aot (CEQA) (Pub.
Resources Code, 21000 et seq.) and the CEQA Guidelines (Cal. Code Regs., tit. 14,
15000 et seq,).
IThe SEIR (RECON.July 1998) incorporates previously prepared documents. including the Master EIR for
EastLake (EIR 81-3). the 1989 Final EIR for EastLake Greens SPA. and the EastLake Trails prezone and
annexation (EIR 86-4). by reference,
I }/~)5
II.
DEANITIONS
"APCD" means San Diego Air Pollution Control District.
"BMPs" means best management practices.
"CEQA" means California Environmental Quality Aot.
"CNEL" means oommunity noise equivalent level.
"du/ac" means dwelling units per acre.
"EDU" means equivalent dwelling unit.
"GDP" means General Development Plan.
"LOS" means level of service.
"OWD" means Otay Water District. . ,
"PFFP" means Publio Facilities Financing Plan.
"PM-lO" means particulate matter with a diameter of 10 microns or less.
"SEIR" means Subsequent Environmental Impact Report.
"SPA" means Sectional Planning Area.
"SR" means State Route
III.
PROJECT DESCRIPTION
The proposed project involves two neighborhoods known as EastLake Greens and
EastLake Trails, both located within the EastLake II GDP area. The EastLake Greens
neighborhood, whioh has an adopted SPA and is developed, consists of 853.2 aores and
contains a wide range of residential densities and other support services. The EastLake
Trails neighborhood, which does not have an adopted SPA and is currently vacant,
2/J~J~
r-' consists of 322.2 acres and under the adopted EastLake II GDP this area contains
residential land use designations for the most part with the exception of a IS-acre
oommeroiaJ site.
In 1992, The EastLake and Baldwin Companies completed a land exchange involving
three parcels of land which are commonly known as the "Land Swap" parcels. The
"Land Swap" parcels originaJly consisted of 157 acres. A total of 15.3 acres of the 157
acres was added to several EastLake Greens parcels (R-lO, R-12, R-20, P-3), and
Olympic Parkway right-of-way. This acreage is already included in the currently adopted
EastLake Greens SPA. The remaining balance of 141.7 acres would be added to the
Greens SPA with the proposed amendment. The amendments to the EastLake II GDP and
the SPA Plans for the Trails and Greens are described in detail below.
EastLake II GDP
The addition of the two "Land Swap" parcels inoreases the total area of the EastLake II
GDP by 141.7 acres, and the number of residential dweJling units by 705. OveraJl
residential density for the GDP will increase slightly from 3.1 dwelling units per aore
(dulac) to 3.2 dulac.
The most prominent changes are (a) the addition of 24.7 aores of Professional and
Administrative oommercial in the nonhern "Land Swap" parcel; (b) in the southerly
"Land Swap" parcel, 50 acres of Freeway Commercial wiJl be added in addition to 50.2
acres of Medium Density residential. The added residential aoreage combined with
existing parcels R-9 (8.5 acres with 45 dweJling units) and Future Urban (6.3 aores),
located immediately adjacent to the east, produce a 65-acre residential parcel with
capacity for 750 dweJling units. Thus, the net increase as a result of the "Land Swap"
paroel annexation is 141.7 acres and 705 dweJling units. It should be noted that the total
added acreage includes 16.1 aores in oirculation, easements, and open space.
Other ohanges include the oonversion of 15 aores of oommercial designation to low
medium density residential; deletion of approximately 65 acres of Future Urban land
resulting from the proposed GDP boundary adjustment, and minor changes to the Parks
and Open Space acreage.
EastLake Greens SPA
Changes in land use designations are restrioted to the "Land Swap" parcels and the
southwest comer of the adopted SPA Plan adjacent to the southern "Land Swap" parcel.
This southwestern comer is undeveloped and is separated from the part of EastLake
Greens where development has begun or is completed by the route of the Second San
Diego Aqueduct, marked by an Open Space designation in both the adopted and proposed
SPA Plans. In that area, the proposed projeot would remove the "Future Urban"
3 //- /7
designation and expand the "R-9" designation from 8.5 to 65 acres. The SPA target
densi ty for the R-9 designation is proposed for an inorease from 5.3 dulac to 11.5 dulac,
yielding 750 du total on this paroel. Since the adopted SPA a]]owed 45 dwe]]ing units on
this parcel, the net increase would be 705 units and the total for the EastLake Greens SPA
would increase from 2,738 to 3,443.
Nonresidential use changes between the adopted and proposed EastLake Greens SPA
Plan would include the conversion of "Future Urban" land use category, the addition of a
"Freeway Commercial" designation (50.7 acres) in the western part of the southern
"Land Swap" parcel, and the addition of 24.7 acres of "Professional and Administrative"
designation for the northern "Land Swap" parcel. The area of the "Major Circulation"
category would increase by 17.9 acres, and the OS-5 "Open Space" category would be
reduced by 1.8 acres.
EastLake Trails SPA
No SPA Plan has been adopted for this neighborhood, but the proposed SPA Plan differs
in some respects from the general land uses for the Trails in the adopted EastLake II
GDP. These ohanges consist of:
. Deletion of 65 acres as a result of relocation of the EastLake II boundaries.
. Reconfiguration of the internal circulation system.
. Converting "Retail" (C) "Commercial" designation in the northwest comer of the
SPA to Residential.
. Converting two areas designated for "Public and Quasi-Publio" use (PQ) in the
northern and central parts of the SPA to residential.
. Designating a 13-acre (approximately 10 acres net) elementary school site in the
west-central part of the SPA.
. Designating the public park area in the Salt Creek drainage (P-I and P-2), eliminating
the central parks and recreation site presently shown in the central part of the SPA,
adding a private recreation site (P-3) adjacent to the oommunity park.
. Creating a "Future Urban" (FU-l) designation to sma]] elongated areas along the east
side of Salt Creek, with further planning of these areas to occur ooncutTent with
similar-level planning for the adjoining EastLake Vistas neighborhood in the
EastLake III GDP.
. Designating 4.5 acres of community purpose facility (CPF) land use distriot.
4 //~)~
r' Discretionarv Actions
In order to oomplete this replanning process, the following discretionary approvals from
the City of Chula Vista are being sought by the project applicant:
1. An amendment to the Chula Vista General Plan.
2. Amendments to the EastLake II General Development Plan.
3. Amendment the EastLake Greens SPA Plan to incorporate the "Land Swap" parcels
into the SPA Plan and amendment to the associated documents, including
(a) EastLake II Planned Community District Regulations, (b) EastLake Greens Air
Quality Improvement Plan, (c) EastLake Greens Water Conservation Plan,
(d) EastLake Greens Public Facilities Financing Plan, and (e) EastLake Greens
Design Guidelines.
4. New Sectional Planning Area plan and associated documents, including (a) Planned
Community Distriot Regulations, (b) Air Quality Improvement Plan, (0) Water
Conservation Plan, (d) Public Facilities Financing Plan, (e) Design Guidelines,
(I) Affordable Housing Program and changes, if any, in the circulation system.
5. Development Agreement between the City of Chula Vista and The EastLake
Company.
The requested General Plan amendments include a modification to the Land Use element
and plan to delete the commercial designation and relocate a school site in the Trails
neighborhood; and modify the Circulation element to reflect changes, if any, in the
circulation system.
The approval of the aotions sought by the applicant at the present time would result in
adoption of amendments to the EastLake II GDP and EastLake Greens SPA, including
the "Land Swap" parcels, and a new SPA for EastLake Trails. Implementation of the
plans would require subsequent approval of tentative maps for all of EastLake Trails and
for the areas of EastLake Greens for which no tentative maps have yet been approved, the
"Land Swap" parcels and the area on the southwest comer of the adopted GDP and of the
Second San Diego Aqueduct.
The City of Chula Vista is the Lead Agency and has discretionary power of approval for
all the actions sought by the applioant for the proposed project. This SEIR is intended to
satisfy CEQA requirements for environmental review of those actions. Future
discretionary approvals from the California Department of Fish and Game (1603
Streambed Alteration Agreement) and U.S. Army Corps of Engineers (404 Permit) may
5 //- ) (
be required. No other actions by other agencies or jurisdictions have been identified that
would be required to accomplish the project as proposed.
Project Goals and Objectives
The overall goal of the proposed EastLake Trails/Greens replanning program is to refine
the land use plan, ciroulation plan, and open space design in a manner that is generally
consistent with the adopted EastLake II General Development Plan and other associated
documents. In addition, the specific objectives of the proposed project include the
following:
. Establishment of a land use plan that provides housing and employment opportunities
for residents while maintaining an aoceptable quality-of-life standard within the
EastLake community.
. Control and management of regional groWth establishing a phased approach to
development and a Public Facilities Financing Plan which ensures that necessary
public facilities are in place at the time of need, providing for the siting and financing
of such facilities.
. Assuranoe that the replanning process complies with all City and regional policies,
regulations, and programs.
IV.
RECORD OF PROCEEDINGS
For purposes of CEQA and the findings set forth below, the administrative record of the
City Council decision on the environmental analysis of this project shall consist of the
following:
. The Draft and Final Subsequent EIR for the project (EIR #97-04), including
appendixes and technioal reports;
. All reports, applications, memoranda, maps, letters and other planning documents
prepared by the planning consultant, the project applicant, the environmental
oonsultant, the EastLake Trails/Greens staff, and the City of Chula Vista that are
before the decisionmakers as detennined by the City Clerk;
. All documents submitted by members of the public and public agencies in oonnection
with the ErR on the projeot;
6 //---;2¿;J
r.. . Minutes and verbatim transcripts of all workshops, public meetings and public
hearings held by the City of Chula Vista, or video tapes where transcripts are not
available Of adequate;
. Any documentary or other evidence submitted at workshops, public meetings and
public hearings; and
. Matters of common knowledge to the City of Chula Vista which they consider,
including but not limited to, the following:
- Chula Vista General Plan (update) - 2010
- Relevant portions of the Zoning Codes of the City of Chula Vista
- Master EIR for EastLake (EIR 81-3)
- Supplemental EIR for EastLake Greens SPA and EastLake Trails Prezone
(EIR 86-4)
-- V.
TERMINOLOGYfTHE PURPOSE OF FINDINGS UNDER CEOA
Section 15091 of the CEQA Guidelines requires that, for each significant environmental
effect identified in an EIR for a project, the approving agency must issue a written finding
reaching one or more of the three allowable oonclusions. The first is that "[o]hanges or
alterations have been required in, or incorporated into, the projeot whioh avoid or
substantially lessen the significant environmental effect as identified in the final EIR."
(emphasis added.) The second potential finding is that "[s]uch changes or alterations are
within the responsibility and jurisdiction of another public agency and not the agency
making the finding. Such changes have been adopted by such other agency or can and
shou]d be adopted by such other agency." The third pennissible conclusion is that
"[s]pecific economic, social or other considerations make infeasible the mitigation
measures or projeot alternatives identified in the final EIR."
Regarding the first of three potential findings, the CEQA Guidelines do not define the
difference between "avoiding" a signifioant environmental effeot and merely
"substantially lessening" such an effeot. The meaning of these tenns, therefore, must be
gleaned from other contexts in whioh they are used. Public Resources Code section
21081, on which CEQA Guidelines seotion 15091 is based, uses the tenn "mitigate"
rather than "substantially lessen." The CEQA Guidelines, therefore, equate "mitigating"
7 //- c2 !
with "substantially lessening." Such an understanding of the statutory term is consistent
with Public Resources Code section 21001, which declares the Legislature's policy
disfavoring the approval of projects with signifioant environmental effects where there
are feasible mitigation measures or alternatives that could "avoid or substantially lessen"
such significant effects.
For purposes of these findings, the term "avoid" shall refer to the ability of one or more
mitigation measures to reduce an otherwise significant effect to a less-than-signifioant
level. In contrast, the term "substantially lessen" shall refer to the ability of such
measures to substantially reduce the severity of a significant effect, but not to reduce the
effect to a level of insignificance. Although CEQA Guidelines section 15091 requires
only that approving agencies specify that a particular significant effect is "avoid[ed] or
substantially lessen[ed]," these findings, for purposes of clarity, will specify whether the
effect in question has been fully avoided (and thus reduced to a level of insignificance) or
has been substantially lessened (and thus remains significant).
The purpose of these findings is to systematically restate the significant effects of the
project on the environment identified in the Subsequent EIR, and determine the feasibility
of mitigation measures and projeot alternatives identified in the Subsequent EIR whioh
would avoid or substantially lessen those signifioant effects. Once the City has adopted
sufficient measures io avoid a significant impact, the City does not need to adopt every
mitigation measure brought to its attention or identified in the Subsequent EIR. The City
shall not reduce housing units as a mitigation measure to a project, if the City determines
another specific mitigation measure will provide a comparable level of mitigation.
It is the polioy of the State of California and the City of Chula Vista to not approve a
project if there are available feasible mitigation measures or project alternatives which
would substantially lessen that project's significant environmental effects. Only when
such mitigation measures or projeot alternatives are found to be infeasible because of
specifio economic, social or other conditions set forth in these findings may the City
approve a project in spite of its significant effects.
Another purpose of these findings is to bring focus to project alternatives in the ultimate
decisionmakers' decision whether to approve or disapprove the project. If, after
application of all feasible mitigation measures to the projeot, signifioant impacts remain,
projeot alternatives identified in the SEIR must be reviewed and determined to be feasible
or infeasible. The findings set forth the reasons, based on substantial evidence in the
record, that the decisionmakers conclude any such project alternatives are infeasible (see
further discussion in Feasibility of Alternatives section).
8 ///',72-
r"'-. VI.
LEGAL EFFECT OF FINDINGS
To the extent that these findings conclude that proposed mitigation measures outlined in
the SEIR are feasible and have not been modified, superseded or withdrawn, the City of
Chula Vista ("City" or "decisionmakers") hereby binds itself and any other responsible
parties, including the applicant and its successors in interest (hereinafter refelTed to as
"Applicant"), to implement those measures. These findings, in other words, are not
merely infonnational or hortatory, but constitute a binding set of obligations that will
come into effect when the City adopts the resolution(s) approving the project.
The adopted mitigation measures are express conditions of approval. Other requirements
are referenced in the mitigation monitoring program adopted conculTently with these
findings, and will be effectuated through the process of implementing the project.
VII.
MITIGATION MONITORING PROGRAM
. '
As required by Public Resouroes Code seotion 21081.6, subd.(a)(I), the City of Chula
Vista, in adopting these findings, also adopts a mitigation monitoring and reporting
program as prepared by the environmental consultant under the direction of the City. The
program is designed to ensure, that during project implementation, the applioant and any
other responsible parties comply with the feasible mitigation measures identified below.
The program is described in the document entitled EastLake Trails/Greens Replanning
Program Mitigation Monitoring Program."
VITI.
DIRECT SIGNIFICANT EFFECTS AND MITIGATION MEASURES
The Subsequent EIR identified a number of direct significant environmental effects (or
"impacts") that the project will cause; some can be fully avoided through the adoption of
feasible mitigation measures, while others cannot be avoided.
The project will result in significant ilTeversible environmental ohanges to the following
issues: traffio/traffic circulation, biological resources, hydrology/drainage, landfonn
alteration/visual quality, noise, paleontology, and public facilities. These significant
9 / j/ c2;J
environmental changes or impacts are disoussed in Subsequent ErR 97-04 in Table 1-2 on
pages 5 through 17 and in Chapter 4.0, pages 37 through 194.
Transportationffraffic Circulation
Significant impacts to a road intersection due to increase in traffic associated with
EastLake Trails/Greens Replanning Program will occur in the year 2010 (with
SR-125). [SErR, Subchapter 4.2.3, p. 80]
BioJol!Ícal Resources
Within the EastLake Trails project area, construction and grading assooiated with
the Salt Creek linear park and other land uses would directly impact willow
wetland and non-wetland jurisdictional waters within the northern portion of Salt
Creek wetland area, and is considered a significant impact. The impacts to
agricultural lands within the remainder of the EastLake Trails site and the "Land
Swap" parcels are not considered a significant impact. [SEIR, Subchapter 4.3.3,
p. 94]
Hvdrologv/Drainag:e
-.
Development of the proposed project would oause an increase in the amount of
runoff and would have potentially significant impacts on downstream drainage
facilities. [SEIR, Subchapter 4.4.3, p. 105]
Landfonn AlterationNisual Quality
The proposed development of EastLake Trails and the "Land Swap" parcels
would result in significant on-site landfonn and visual quality impacts. The
visual character of the site would change from agrioultural to planned oommunity.
[SErR, Subohapter 4.4.4, p. 124]
Noise
EastLake TraiIs
Signifioant noise impacts to the proposed project from traffio along Otay
Lakes Road, Hunte Parkway, and Olympic Parkway.
10 //~c21
.- Northern "Land Swap" Parcel
Projected noise levels in portions of the future cornmeroial development
would exceed City standards and could represent a significant noise
impacl if sensitive receivers are placed within the noise impacts areas.
Southern "Land Swap" Paroel
Projected noise levels in portions of the future commercia] and residential
pads would exceed City standards. This would be a significant impact.
[SEIR, Subchapter 4.6.3, p. 131]
Paleontology
Given the potential for paleontological resources on the project site, the impact to
resources would be significant. [SEIR, Subchapter 4.7.3, p. 140]
Air Oualitv
The proposed project would generate sufficient emissions and dust during
construction-related activities to result in short-term significant impacts. [SEIR,
Subchapter 4.8.6, p. 151]
Public Facilities
Water
Significant impacts would occur if grading operations within EastLake
Trails would remove the existing 12-inch water transmission line, which
provides water supply to the Olympic Training Center, prior to the
oompletion of the 711 Zone water transmission mains within Hunte
Parkway and Olympic Parkway. [SEIR, Subchapter 4.9.3, p. 181]
Sewer
Development of the proposed projeot would result in an incremental
inorease in sewage generation and would present a significant impact due
to the lack of existing transmission infrastructure. Specifically, the
provision of sewer infrastruoture on the southern "Land Swap" parcel may
require the potential need for a trunk sewer deeper than typical city
standards. The possible need for a deep facility represents a potentially
significant impaot. In addition, development of the "Land Swap" parcels
prior to the completion of the Poggi Canyon trunk sewer would be a
11 // ~ c2S-
significant impact on the existing EastLake Parkway sewer pump station. ~""
Also, if the Salt Creek interceptor sewer is not constructed prior to the
addition of approximately 1,900 equivalent dwelling units (EDUs) in
EastLake, then the Otay Lakes Road pump station would need to be
expanded to handle additional flows.
Schools
The additional elementary school students generated by the proposed
project would contribute to the existing schools that are near capacity and
are considered a direct significant impact.
Police
The incremental increase in calls for police service is considered a
significant impact because existing services do not meet the standard
threshold for Priority One and Priority Two calls. Likewise, should the
underpass beneath Otay Lakes Road be used as a pedestrian trail leading to
the Salt Creek linear park, the potential for significant public safety
impacts exist.
Fire ~.
The inoremental increase in project-generated calls may result in a
significant impaot at project buildout although adequate service to the area
is available in the short-tenn.
Certain of the above impaots cannot be substantially lessened or avoided at the General
Development Plan level; but, as described in the Statement of Ovemding Considerations,
the City Council has detennined that the impacts are aoceptable because of specifio
ovemding oonsiderations. The following subsections describe specific impacts, setting
forth either the reasons why they are significant and unavoidable, the mitigation measures
proved to be infeasible due to specifio economic, social or other considerations.
A. TRANSPORT A TIONfTRAFFIC CIRCULATION
Significant Effect: Significant impact to the Otay Lakes Road and Lane Avenue
intersection in the year 2010 (with SR-125). [SEIR, Subchapter 4.2.3, p. 80]
Finding: Pursuant to section 15091(a)(l) of the State CEQA Guidelines, changes
or alterations are required in, or incorporated into, the project whioh will
substantially lessen or avoid the significant environmental effect as identified in
the SEIR, to a level below significanoe.
12 /j/02t-
".--. Mitigation Measures: The following mitigation measures are feasible and are
required as a condition of approval and are made binding on the applioant through
these findings. [SEIR, Subchapter 4.2.3, p. 82]
To reduce significant direct impacts resulting from project implementation in the
year 2010, the project shall be required to make the following improvement:
. The intersection of Otay Lakes Road and Lane A venue is required to be
improved prior to the issuance of the first building pennit for the southern
"Land Swap" parcel. Improvements include a second eastbound to
nonhbound left-turn Jane on Otay Lakes Road and a second southbound to
westbound right-turn lane on Lane Avenue.
B. BIOLOGICAL RESOURCES
Significant Effect: Significant impacts associated with construction and grading
associated with the Salt Creek linear park and other land uses within the EastLake
Trails project area, would directly impact willow wetland and non-wetland
jurisdictional waters within the nonhern ponion of Salt Creek wetland area.
[SEIR, Subchapter 4.3.3, p. 94]
Finding: Pursuant to seotion 15091 (a)(I) of the State CEQA Guidelines, changes
or alterations are required in, or incorporated into, the project whioh will
substantially lessen or avoid the significant environmental effect as identified in
the SEIR, to a level below significance.
Mitigation Measures: The following mitigation measures are feasible and are
required as a condition of approval and are made binding on the applicant through
these findings. [SEIR, Subchapter 4.3.4, p. 94 through 96]
. Prior to tentative map approval for the EastLake Trails project site, the
applicant shall prepare and receive City approval of a detailed mitigation pJan
for the creation and enhancement of riparian vegetation within the Salt Creek
corridor. The mitigation plan shall meet or exceed the goals for
wetland/riparian habitat and the mitigation ratios included in the Salt Creek
Corridor Conceptual Mitigation Plan (SEIR Figure 4.3-2, Table 4.3-3), and
shall include oomponents addressing perfonnance standards, maintenance
requirements (e.g., pest control, weeding, and plant replacement), and
monitoring and reponing requirements.
. Prior to the issuance of a grading pennit, the project applioant shall be
required to obtain state (1603 Streambed Alteration Agreement) and federal
(Section 404 Clean Water Act) pennits.
I3 //-ol 7
C. HYDROLOGYIDRAINAGE
:;ignificant Effect: An inorease in the amount of runoff would have potentially
significant impacts On downstream drainage facilities. [SEIR, Subchapter 4.4.4, p.
105 through 106]
Finding: Pursuant to section 15091(a)(l) of the State CEQA Guidelines, changes
or alterations are required in, or incorporated into, the project which will
substantially lessen or avoid the significant environmental effect as identified in
the SEIR, to a level below significance.
Mitigation Measures: The following mitigation measures are feasible and are
required as a condition of approval and are made binding on the applicant through
these findings. [SEIR, Subchapter 4.4.4, p. 105 through 106]
. Hydroseeding and landscaping of any cut/fill slopes disturbed or built during
the construction phase of this project with appropriate ground cover vegetation
shall be perfonned within 30 days of completion of grading activities.
. Areas of native vegetation or adjoining slopes to be avoided during grading
activities shall be delineated in the field based on adopted grading plans to '-'"
minimize disturbance to existing vegetation and slopes. !
" Artificial ground cover, hay bales, and catch basins to retard the rate of runoff
from manufactured slopes shall be installed if grading occurs during wet
weather season, November I through April I.
. Fine particulates in geologio materials used to oonstruct the surficial layers of
manufaotured slopes shall not be speoified unless a suitable aJternative is not
available.
. Temporary sedimentation and desiJting basins between graded areas and
streams shall be provided during grading.
In addition to the above mitigation measures, best management practices (BMPs)
appropriate to the characteristics of the project shall be employed to reduce
pollutants available for transport or to reduce the amount of pollutants in runoff.
Such BMPs may include the following:
. Detention basins, effective for very large drainage areas. These are essentially
ponds with controlled release rates to minimize downstream effects. Some
pollutants can settle during storage and improve the quality of water released.
14 /)~cl5
r- . Infiltration basins, designed to hold runoff and a]]ow percolation into the
ground. These basins need adequate storage volume and good penneability of
the underlying soils.
. Infiltration trenches and dry weJls, holes, or trenches fiJled with aggregate and
then covered. Dry we]]s are typically used for runoff from roofs; infiltration
trenches typicaJly serve larger areas, such as streets and parking lots in
commercial areas. Both are best suited for areas with penneable soils and a
sufficiently low water table or bedrock.
. Porous pavement such as lattice pavers or porous asphalt. These may be used
to replace large areas of paving that are not subject to heavy traffic.
. Vegetative controls. Plant materials which intercept rainfall and filter
po]]utants and absorb nutrients.
. Grassed swales, shallow grass-covered channels used in place of a buried
stonn drain. This type of vegelative control is most applicable to residential
areas.
BMPs can also include non structural methods, such as controJling litter and waste
disposal practices. Appropriate BMPs for the project shall be in compliance with
the Regional Water Quality Control Board's National Po]]utant Disoharge
Elimination System Pennit No. CA 0108758, which consists of wastewater
discharge requirements for stonn water and urban runoff. BMPs appropriate to
the characteristics of a project shall be employed to reduce po]]utants available for
transport or to reduce the amount of po]]utants in runoff prior to discharge to a
surface water body. Identifioation of appropriate BMPs to the satisfaction of the
City Engineer sha]] be a condition of future tentative map approval.
D. LANDFORM ALTERATIONNISUAL OUALITY
Significant Effect: The proposed development of EastLake Trails and the "Land
Swap" parcels would result in significant on-site landfonn and visual quality
impacts. The visual character of the site would change from agricultural to
planned community. [SEIR, Subchapter 4.4.4, p. 124]
Finding: Pursuant to section 15091(a)(l) of the State CEQA Guidelines, changes
or alterations are required in, or inoorporated into, the project which wi]]
substantia]]y lessen or avoid the significant environmental effect as identified in
the SEIR, to a level below significance.
15 //~cJ~
Mitigation Measures: The following mitigation measures are feasible and are
required as a condition of approval and are made binding on the applioant through
these findings. [SEIR, Subchapter 4.5.4, p. 124]
. Prior to tentative maps approval, EastLake Trails and the "Land Swap" parcels
shall demonstrate compliance with the respective SPA Plan Design Guidelines
to ensure that significant landfonn alteration and visual impacts are below a
level of significant. The mitigation requirements included in the design
guidelines involve architectural and site design, lighting, fencing, circulation,
and comprehensive grading and landscaping plans, among other techniques.
Plans detailing the proposed Design Guidelines are included in the EastLake
Greens and Trails SPA Plans.
E. NOISE
EastLake Trails
Significant Effect: Significant noise impacts to the proposed EastLake
Trails residential projeot from traffic along Otay Lakes Road, Hunte
Parkway, and Olympic Parkway [SEIR, Subohapter 4.6.3, p, 131J
~,
Finding: Pursuant to section 15091(a)(1) of the State CEQA Guidelines, ~
changes or alterations are required in, or incorporated into, the projeot
which will substantially lessen or avoid the significant environmental
effect as identified in the SEIR, to a level below significance.
Mitigation Measures: The following mitigation measures are feasible and
are required as a condition of approval and are made binding on the
applicant through these findings. [SEIR, Subohapter 4.6.4, p. 136J
. Mitigation of potential first-floor exterior noise impacts to achieve the
City's 65 community noise equivalent level (CNEL) exterior noise
standard can be acoomplished through the construction of baniers as
illustrated in Figure 4.6-5. The baniers should be either walls or
benns--or a combination thereof-constructed of solid material with a
density of at least four pounds per square foot and should not have any
craoks or gaps. Examples of acceptable banier materials include, but
are not limited to, masonry block, wood frame with stuoco, 0.5-inch-
thick Plexiglas, or 0.25-inch-thick plate glass. If transparent banier
materials are used, no gaps should occur between the panels.
Identification of appropriate noise attenuation measures sufficient to
achieve City standards and to the satisfaotion of the Direotor of
16 //-30
".-. Planning and Building shall be a condition of any tentative map
approval.
. Prior to approval of the tentative map for EastLake Trails, verification
of the above mitigation based on detailed grading plans shall be
required. In addition, if the projected traffic volume on Otay Lakes
Road increases or if substantial changes in the proposed projeot
grading occur as the final design develops through the tentative map
process, additional noise analyses will be required.
. Prior to the issuance of building pennits, a detailed acoustical analysis
shall be prepared by the applicant which demonstrates that second-
floor interior noise levels due to exterior sources will be below the 45
CNEL standard.
Northern "Land Swap" Parcel
Significant Effect: Projected noise levels in portions of lhe future
commercial development would exceed City standards and could represent
a significant noise impact if sensitive receivers are placed within the noise
impacts areas. [SEIR, Subchapter 4.6.3, p. 131]
Finding: Pursuant to section 15091(a)(l) of the State CEQA Guidelines,
changes or alterations are required in, or incorporated into, the project
which will substantially lessen or avoid the significant environmental
effect as identified in the SEIR, to a level below significanoe.
Mitigation Measures: The following mitigation measures are feasible and
are required as a oondition of approval and are made binding on the
applicant through these findings. [SEIR, Subchapter 4.6.4, p. 136]
. Noise levels on portions of the commercial pad are projected to exoeed
the City's 70 CNEL exterior noise standard. Detailed site plans or
architecture plans have not been prepared as yet for the northern "Land
Swap" site. Therefore, when site plans are available and prior to the
issuance of building pennits, an acoustical study shall be prepared.
This study shall identify appropriate noise attenuation measures to the
satisfaction of the Direotor of Planning and Building to ensure that the
City's 70 CNEL standard is achieved.
17 //-5/
Southern "Land Swap" Parcel
Significant Effect: Projected noise levels in portions of the future
commercial and residential pads would exceed City standards. This would
be a significant impact [SEIR, Subchapter 4.6.3, p. 131]
Finding: Pursuant to section 15091(a)(I) of the State CEQA Guidelines,
changes or alterations are required in, or incorporated into, the project
which will substantiaHy lessen or avoid the significant environmental
effect as identified in the SEIR, to a level below significance.
Mitigation Measures: The following mitigation measures are feasible and
are required as a condition of approval and are made binding on the
applicant through these findings. [SEIR, Subchapter 4.6.4, p. 136 through
138]
. For both the commercial and residential pads, mitigation of potential
first-floor exterior noise impacts can be achieved through the
construction of barriers as illustrated in Figure 4.6-3. The City's
standard for commercial uses is 70 CNEL and 65 CNEL for residential
uses. The barriers should be either walls or benns--or a combination
thereof~onstructed of solid material with a density of at least four ,~
pounds per square foot and should not have any cracks or gaps.
Examples of acceptable barrier materials include, but are not limited
to, masonry block, wood frame with stucco, 0.5-inoh-thick Plexiglas,
or 0.25-inch-thick plate glass. If transparent barrier materials are used,
no gaps should occur between the panels. Identification of appropriate
noise attenuation measures sufficient to achieve City standards and to
the satisfaction of the Director of Planning and Building shall be a
condition of any tentative map approval.
. At the time that building plans are available, and prior to the issuance
of residential building pennits for the southern "Land Swap" parcel, a
detailed acoustical analysis shaH be required which demonstrates that
second-floor interior noise levels due to exterior sources will be below
the 45 CNEL standard.
F. PALEONTOLOGY
Significant Effect: Given the potential for paleontological resources on the
project site, the impact to resources would be significant. [SEIR, Subohapter
4.7.3, p. 140J
18 J/~32
r--.. Finding: Pursuant to section 15091(a)(1) of the State CEQA Guidelines, changes
or alterations are required in, or incorporated into, the project whioh will
substantiaUy Jessen or avoid the signifioant environmental effect as identified in
the SEIR, to a level below significance.
Mitigation Measures: The following mitigation measures are feasible and are
required as a condition of approval and are made binding on the applicant through
these findings. [SEIR, Subchapter 4.7.4, p. 140 through 141]
. Prior to issuance of a grading pennit the applioant shall confirm in writing to
the City of Chula Vista that a qualified paleontologist has been retained to
carry out the mitigation described herein. A qualified paleontologist is
defined as an individual with a M.S. or Ph.D. in paleontology or geology who
is familiar with paleontological procedures and techniques. A paleontological
monitor may be retained to perform the on-site monitoring in place of the
qualified paleontologist. A paleontological monitor is defined as an
individual who has experience in the collection and salvage of fossil materials
and who is working under the supervision of a qualified paleontologist.
. The qualified paleontologist or paleontological monitor shall attend the
preconstruction meeting to consult with the grading and excavation
contractors. The paleontologist's duties shall include monitoring of grading,
salvaging, preparation of collected materials for storage at a soientific
institution that houses paleontological collections, and preparation of a
monitoring results report. These duties are defined as follows:
a. The paleontologist or paleontological monitor shall be on-site during the
original cutting of previously undisturbed sediments of the Otay
Formation to inspect cuts for contained fossils. The Sweetwater
Formation shall be monitored on an as-needed basis as detennined by the
paleontologist or paleontological monitor. The frequency of inspections
shall depend upon the rate of excavation, the materials excavated, and the
abundance of fossils. The paleontologist shall work with the contractor to
detennine the monitoring locations and amount of time necessary to
ensure adequate monitoring of the project site.
b. In the event that fossils are encountered, the paleontologist (or
paleontological monitor) shall have the authority to divert or temporarily
halt construction activities in the area of discovery to allow recovery of
fossil remains in a timely fashion. Because of the potential for recovery of
small fossil remains, it may be necessary to set up a screen-washing
operation on-site.
19 //~ 3;1
c. Fossil remains shal1 be cleaned, sorted, repaired, cataloged, and then
stored in a local soientific institution that houses paleontological
collections, such as the San Diego Natural History Museum.
d. A monitoring results report with appropriate graphics summarizing the
results (even if negative), analyses, and conclusions of the above program
shall be prepared and submitted to the City of Chula Vista within 90 days
fol1owing the tennination of the paleontological moniloring program.
G. AIR OUALITY
Significant Effect: The proposed project would generate sufficient emissions and
dust during construction-related activities to result in short-tenD signifioant
impacts. [SEIR, Subchapter 4.8.6, p. 151]
Finwng: Pursuant to section 15091(a)(I) of the State CEQA Guidelines, changes
or alterations are required in, or incorporated into, the project whioh wil1
substantial1y lessen or avoid the significant environmental effect as identified in
the SEIR, to a level below significance.
Mitigation Measures: The fol1owing mitigation measures are feasible and are --'.
required as a condition of approval and are made binding on the applicant through
these findings. [SEIR, Subchapter 4.8.7, p. 151 through 152]
Dust control during grading operations shall be regulated in accordance with the
rules and regulations of the San Diego Air Pollution Control District (APCD). At
the time tentative maps are approved for the project, the fol1owing measures shal1
be required to reduce fugitive dust impacts and emissions impacts from
oonstruotion equipment:
. Al1 unpaved construction areas shal1 be sprinkled with water or other
acceptable San Diego APCD dust control agents during dust-generating
activities to reduce dust emissions. Additional watering or aoceptable APCD
dust control agents shall be applied during dry weather or windy days until
dust emissions are not visible.
. Trucks hauling dirt and debris shall be properly covered to reduce windblown
dust and spills.
. Enforce a 20-mile-per-hour speed limit on unpaved surfaces.
" On dry days, dirt and debris spilled onto paved surfaces shaH be swept up
immediately to reduce resuspension of partioulate matter caused by vehicle
20 /J~3r
r, movement. Approach routes to construction sites shall be cleaned daily of
construction-related dirt in dry weather.
. On-site stockpiles of excavated material shall be covered or watered.
. Disturbed areas shall be hydroseeded, landscaped, or developed as quickly as
possible and as directed by the City to reduce dust generation.
. Heavy-duty construction equipment with modified combustion/fuel injection
systems for emissions control shall be utilized during grading and construction
activities. Catalytic reduction for gasoline-powered equipment shall be used.
Also, equip construction equipment with prechamber diesel engines (or
equivalent) together with proper maintenance and operation to reduce
emissions of nitrogen oxide, to the extent available and feasible.
. Low pollutant-emining construction equipment shall be used.
. Electrical construction equipment, shall be used to the extent feasible.
. The simultaneous operations of multiple construction equipment units shall be
minimized (i.e., phase construction to minimize impacts).
H. PUBLIC FACILITIES
Water
Significant Effect: Project-related growth precedes planned Otay Water
District (OWD) water facility improvements whioh are necessary to meel
additional oapacity requirements.
Finding: Pursuant to section 15091(a)(I) of the State CEQA Guidelines,
changes or alterations are required in, or incorporated into, the project
which will substantially lessen or avoid the significant environmental
effect as identified in the SEIR, to a level below significance.
Mitigation Measures: The following mitigation measures are feasible and
are required as a condition of approval and are made binding on the
applicant through these findings. The measures are required at the GDP
level and will be implemented at the SPA plan level. [SEIR, Subchapter
4.9.4, page 182].
0 Adequate potable and recycled water storage and distribution facilities
-- will be constructed in aocordanoe with the Subarea Master Plan for
21 //-33
EastLake Trails and the "Land Swap" Areas (Powell and Associates,
September 1998) and to the satisfaction of the Otay Water District
(OWD). These water infrastructure improvements are also desoribed in
the proposed PFFPs for the EastLake Trails and EastLake Greens
SPAs. The proposed PFFP identifies the development impact fees that
the applicant needs to pay to mitigate impaots, the estimated cost of the
facility, and the applicant's obligation to construct and/or pay for the
necessary mitigation. Prior to approval of the first Final Map, the
applicant shall provide written proof from OWD that adequate water
storage and distribution facilities are available to serve the Trails and
"Land Swap" parcels.
. Water conservation techniques such as low-flow toilets and shower
heads, drought-resistant landscaping, and recycled water for landscape
irrigation will be required as oonditions of approval for the tentative
maps to reduce on-site domestic water consumption.
Signifioant Effect: Signifioant impaots would occur if grading operations
within EastLake Trails would remove the existing 12-inoh water
transmission line, which provides water supply to the Olympic Training
Center, prior to the completion of the 711 Zone water transmission mains . ,
within Hunte Parkway and Olympic Parkway. [SEIR, Subchapter 4.9.3, p.
181]
Finding: Pursuant to section 15091(a)(I) of the State CEQA Guidelines,
ohanges or alterations are required in, or inooq>orated into, the project
which will substantially lessen or avoid the significant environmental
effect as identified in the SEIR, to a level below significance.
Mitigation Measures: The following mitigation measures are feasible and
are required as a condition of approval and are made binding on the
applicant through these findings. The measures are required at the GDP
level and will be implemented at the SPA plan level. [SEIR, Subchapter
4.9.4, page 182]
. 711 Zone water transmission mains within Hunte Parkway and
Olympic Parkway must be operational prior to removing the 12-inch
water line to assure continued water servioe to the Olympic Training
Center. This pipeline may be abandoned upon completion of the 711
Zone pipelines within Hunte Parkway and Olympio Parkway.
22 //- 3~
.---, Sewer
Signjf¡çant Effeot: Development of the proposed project would result in an
incremental increase in sewage generation and would present a significant
impact due to the lack of existing transmission infrastructure.
Specifically, the provision of sewer infrastructure on the southern "Land
Swap" parcel may require the potential need for deepened trunk sewer.
These deepened facilities represent a potentially significant impact. Also, a
significant impact on the existing EastLake Parkway sewer pump station
will result if development of the "Land Swap" parcels occurs prior to the
completion of the Poggi Canyon trunk sewer.
Fincling: Pursuant to section 15091(a)(l) of the State CEQA Guidelines,
changes or alterations are required in, or incorporated into, the project
which will substantially lessen or avoid the significant environmental
effect as identified in the SEIR, to a level below significance.
Mitigation Measures: The following mitigation measures are feasible and
are required as a condition of approval and are made binding on the
applicant through these findings. The measures are required at the GDP
level and will be implemented at the SPA plan level. [SEIR, Subchapter
4.9.4, page 182].
. Mitigation for impacts to sewer service would require the deveJopment
of adclitional faoilities which would be funded by EastLake developers
and the other developments as appropriate. These sewer mitigation
measures are also described in the proposed PFFPs for the EastLake
Trails and the EastLake Greens SPAs. The proposed PFFPs describe
public faoilities fees, payment schedule by the developer, and timing
of sewer improvements, based on the Telegraph Canyon Sewer Basin
Improvement and Finanoing Plan Amendment (June 1993) and the
City of Chula Vista Sewage Pump Station Financing Policy (No. 570-
03). The sewer infrastructure and distribution facilities improvements
described in the Sewer Report for the "Land Swap" Parcels (P&D
Consultants, Ino., June 1998), and The Trails Wastewater Master Plan
(Dudek and Associates, August 1998) would be conditions of approval
for the tentative subdivision maps or other discretionary approvals for
the EastLake Trails and "Land Swap" parcels. These measures
include:
. Prior to the issuance of a building pennit for the "Land Swap" parcels,
oompletion of the Poggi Canyon Trunk Sewer System shall be
required.
23 //----17
. The project applicant shall propose and the City must approve a sewer
alternative which does not have any sewer facilities deeper than 12 feet
or one where the amount of deep sewer is minimized. Three
alternatives are shown for the deep sewer associaled with the "Land
Swap" parcels. Additional environmental review may be required
depending on the sewer alternative that is selected.
Significanl Effect: A significant capacity impact would occur if the Salt
Creek interceptor sewer is not constructed prior to the addition of
approximately 1,900 EDUs in EastLake.
Finding: Pursuant to section 15091(a)(1) of the State CEQA Guidelines,
changes or alterations are required in, or incorporated into, the project
which will substantially lessen or avoid the significant environmental
effect as identified in the SEIR, to a level below significance.
Mitigation Measures: The following mitigation measures are feasible and
are required as a condition of approval and are made binding on the
applicant through these findings. The measures are required at the GDP
level and will be implemented at the SPA plan level. [SEIR, Subohapter
4.9.4, page 182] , .
. Prior to the issuance of building permits beyond 1,900 EDUs within
the remaining EastLake planned community developable areas
(EastLake II and III), full expansion of the Otay Lakes Road pump
station as described in the EastLake Trails Wastewater Master Plan
(August 1998) shall be required if the Salt Creek interceptor sewer is
not completed.
Schools
Significant Effect: The EastLake Trails/Greens Replanning Program
would generate additional elementary sohool students to the existing
schools that are near capacity.
Finding: Pursuant to section 15091(a)(1) of the State CEQA Guidelines,
changes or alterations are required in, or incorporated into, the projeot
whioh will substantially lessen or avoid the significant environmental
effect as identified in the SEIR, to a level below significance.
Mitigation Measures: The following mitigation measures are feasible and
are required as a condition of approval and are made binding on the
applicant through these findings. The measures are required at the GDP
24 //~ J?'
r-- level and will be implemented at the SPA plan level. [SEIR, Subchapter
4.9.4, page 183]. These school mitigation measures are also described in
the proposed Public Facilities Finanoing Plans for the EastLake Trails and
EastLake Greens SPAs. The proposed PFFPs describe estimated costs for
the construction of school facilities identified in the SEIR.
. The development of the proposed on-site elementary school (13 acres)
would accomplish mitigation of the project's direct impact to schools.
School facilities financing and mitigation agreements between the
affected school districts and the projeot applicant would be required at
the time the tentative map is approved by the City Council to ensure
that the impacts on school facilities are mitigated to a level less than
significant. School facilities financing and mitigation agreements
between the affected school districts and the project applicant shall be
required prior to approval of any tentative map by the City Council.
This mitigation includes the provision of 13 gross acres for a sohool
site within the Trails for acquisition by the sohool distriots. In
addition, a financing agreement will be required that includes the
fonnation of a Mello-Roos Community Facilities District to ensure
that development of school faoilities is phased to accommodate the
buildout of the project.
Police
Significant Effect: The incremental increase in calls for police service is
oonsidered a significant impact because existing services do not meet the
standard threshold for Priority One and Priority Two calls.[SEIR,
Subchapter 4.9.3, p. 181]
Finding: Pursuant to seotion 15091(a)(l) of the State CEQA Guidelines,
changes or alterations are required in, or incorporated into, the project
which will substantially lessen or avoid the significant environmental
effect as identified in the SEIR, to a level below signifioance.
Mitigation Measures: The following mitigation measures are feasible and
are required as a condition of approval and are made binding on the
applicant through these findings. The measures are required at the GDP
level and will be implemented at the SPA plan level. [SEIR, Subchapter
4.9.4, page 183]. Police mitigation measures are desoribed in the proposed
Public Facilities Financing Plans for the EastLake Trails and EastLake
Greens SPAs. The proposed PFFPs describe public facilities fees for
police services based on equivalent dwelling units by development phase.
25 /J~3/
. Development of the proposed project would result in an incremental
increase in calls for police service. Significant impacts to police
servioes shall be addressed on a city-wide level through the payment of
public facility fees. The EastLake Trails project will be conditioned to
pay public facilities fees at the rate in'effect the time buiJding permits
are issued. Currently, the police department is addressing the
threshold standard for deficiency by preparing a Jong-range strategic
plan and a police facility Master Plan. The strategic plan will evaluate
service levels, staff levels, methods of development, and any other
factors related 10 service delivery. This will also include an evaluation
of the established threshold which may need to be adjusted. The
public facility Master Plan will address the possibility of relocating the
current police facility to a more central location.
Significant Effeot: . Use of the underpass beneath Otay Lakes Road as a
pedestrian trail leading to the Salt Creek linear park, may result in the
potentia] for significant public safety impacts. [SEIR, Subchapter 4.9.3, p.
181]
Finding: Pursuant to seotion 15091(a)(I) of the State CEQA Guidelines,
changes or alterations are required in, or incorporated into, the project
which will substantially lessen or avoid the significant environmental
effect as identified in the SEIR, to a level below significanoe.
Mitigation Measures: The following mitigation measures are feasible and
are required as a condition of approval and are made binding on the
applicant through these findings. The measures are required at the GDP
level and will be implemented at the SPA pJanltentative map level. [SEIR,
Subchapter 4.9.4, page 183 through 184]
Concurrent with the application of any tentative map, the applicant shall
submit a plan that shows the following:
. Landscaping on and around the hiking trails shall be limited to low
maintenance ground cover and trees and of a height that would not
obscure visibility into the greenbelt/hiking trails route. This area
should be kept as open as possible to discourage loitering.
. Lighting a minimum of 15 feet high and of a construction that would
resist tampering and damage would be required. Lighting should
illuminate areas along the walkways and the surrounding reoreational
areas to inorease the defensible spaoe. In addition, the walkways with
26 //-~
...- "" the suITounding lighting and landscaping would need to be of a type
that allows emergency vehicles to pass.
. To promote use of the hiking trails and walkways, the subdivision
design shall encourage the construction of residential communities
which overlook the greenbelt recreational areas and hiking trails.
. The underpass will require continuous, well maintained, damage
resistant lighting throughout the entire tunnel. The wall construction
shall resist and discourage graffiti, and the materials used need to
include an illumination factor to enhance the security lighting.
. Because the drainage tunnel already has a required use (water runoff),
construotion of a raised pedestrian walking path would be required
leading to and through the tunnel. To separate pedestrians from the
drainage ditch and prevent pedestrian injury, a railing/fencing would
be installed. The design and materials used to construct this
fenoe/railing should discourage climbing.
. With improvements expected to the street above the underpass, the
application of natural lighting through the median would enhance the
required installed (wired) lighting.
. Park and facility closing times and use restrictions shall be posted and
locked gates included. Set irrigation system timing to discourage use
after hours and loitering. Installation of gates and fencing to control
access to the suggested pedestrian underpass is highly recommended.
Fire
Significant Effect: The incremental increase in calls result in a significant
impact at project buildout although adequate servioe to the area is
available in the short-term. [SEIR, Subchapter 4.9.3, p. 181J
Finding: Pursuant to seotion 15091(a)(I) of the State CEQA Guidelines,
changes or alterations are required in, or incorporated into, the project
which will substantially lessen or avoid the signifioant environmental
effect as identified in the SEIR, to a level below signifioance.
Mitigation Measures: The following mitigation measures are feasible and
are required as a condition of approval and are made binding on the
applioant through these findings. The measures are required at the GDP
level and will be implemented at the SPA plan level. [SEIR, Subchapter
27 /)~ 1/1
4.9.4, page 183]. These fire mitigation measures are also described in the
proposed Public Facilities Finanoing Plans for the EastLake Trails and
EastLake Greens SPAs. The proposed PFFPs desoribe public facilities
fees for fire and emergency medical services based on equivalent dwelling
units by development phase.
. Significant impaots to fire services shall be addressed on a city-wide
level through the payment of public facility fees. The EastLake Trails
project will be conditioned to pay public facilities fees at the rate in
effeot at the time building pennits are issued. The mitigation measures
also include the adoption of the proposed, revised Fire Station Master
Plan which calls for the addition of three new fire stations, including
one within the Woods residential neighborhood of EastLake III within
the eastern territories and the relocation of Interim Fire Station No.6
within the Salt Creek Ranch project. The proposed changes to the Fire
Station Master Plan would allow the fire department to meet the
standard thresholds for fire protection at buildout of Eastlake.
These findings discuss all impacts contained in the SEIR and discussed at the numerous
public hearings. However, to the extent that an impaot or "alleged" impact of the project
either direct or secondary has not been disoussed in this document, the City Council -----
hereby overrides such impact for the reasons described in the Statement of Overriding
Considerations.
IX.
CUMULATIVE SIGNIFICANT EFFECTS AND MmGA TION MEASURES
Cumulative impacts are those whioh "are considered when viewed in connection with the
effects of past projects, the effects of other CUITent projects, and the effects of probable
future projeots" (Pub. Resouroes Code section 21082.2 subd. (b)). Several development
proposals have been submitted for consideration or have been recently approved by the
cities of Chula Vista and San Diego and the County of San Diego in proximity to
EastLake Trails/Greens. These "cuITent or probable future" development proposals
would affeot many of the same natural resources and public infrastructure as EastLake
Trails/Greens Replanning Program. Several potentially significant cumulative impaots
are associated with development of EastLake Trails/Greens in conjunction with these
suITounding development projects.
In fonnu]ating mitigation measures for the project, regional issues and cumulative
impacts have been taken into consideration. Many of the mitigation measures adopted for
28 //--~;¿
~" the cumulative impacts are similar to the project level mitigation measures. This reflects
the inability of the Lead Agency to impose mitigation measures on suITounding
jurisdictions (i.e., City of San Diego, City of National City, and Mexico) and the
contribution of these jurisdictions to cumulative impacts. The project along with the
other related projects wiJI result in the following iITeversible cumulative environmental
changes. AIJ page numbers following the impaots refer to pages from the SEIR.
A. TRANSPORT A TIONrrRAFFIC CIRCULATION
Cumulative Effects: Cumulative impacts on short-tenn and long-tenn traffic
operations would result at project area intersections, street segments, and freeway
operations for the year 2000, year 2005 (without SR-125), year 2010 (with SR-
125), and at buildout. The specific cumulative impact and associated mitigation
measures are described in detail in the traffic technical report and in Chapter 4.2,
Traffic Circulation, of the draft SEIR. [SEIR, Subchapter 4.2 and Chapter 5.0,
pp.79 through 83 and p. 195]
Finding: Pursuant to seotion 15091 (a)(I) of the State CEQA Guidelines, changes
or alterations are required in, or incorporated into, the project which will avoid the
significant environmental effect as identified in the Subsequent EIR.
Implementation of the measures described below in addition to adherence with
applicable laws and regulations would mitigate significant impacts below a level
of significance.
Mitigation Measures: The following mitigation measures are feasible and are
required as conditions of approval and are made binding on the applicant through
these findings. [SEIR, Subchapter 4.2.4, p. 81-83] The project applicant would be
required to make fair-share oontributions as mitigation for cumulative traffic
impacts. These cumulative transportation improvements are also described in the
proposed Public Facilities Financing Plans for the EastLake Trails and EastLake
Greens SPAs. For each of the project scenarios (i.e., Years 2000, 2005, 2010, and
Buildout), the PFFPs describe the transportation development impact fees based
on equivalent dwelling units by project phase. The proposed PFFPs identify the
development impact fees that the applicant needs to pay to mitigate impacts, the
estimated oost of the facility, and the applicant's obligation to construct and/or
pay for the necessary mitigation. Payment of the fees would be required at the
time building pennits are issued.
Year 2000 (without SR-125)
The following mitigation measures would reduce cumulative impacts for street
segments and interseotions for the year 2000 without SR-125:
29 J )-~3
. Extend Olympic Parkway eastward to Hunte Parkway. The level of service
(LOS) improvement at the Telegraph Canyon Road/I-805 (LOS F to LOS C)
southbound ramps interseotion between years 2000 and 2005 is principally
due 10 the Olympic Parkway construction.
. Continued freeway planning efforts and deficiency planning by Caltrans and
SANDAG to determine acceptable mitigation strategies for the regional
freeway system. The City of Chula Vista is willing to review and consider
participating in a regional deficiency plan as developed and approved by
SANDAG, Caltrans, and all other local jurisdictions.
Year 2005 (without SR-125)
The following mitigation measures would reduce cumulative impacts for street
segments and intersections for the year 2005 without SR-125:
. Construct SR-125 as a toll road, which would mitigate the segment impact on
East H Street.
. Improve Otay Lakes Road to a six-lane Major street standards between East H
Street and Telegraph Canyon Road if SR-125 is not construoted, is not under "--.
construction, or construction is not imminent. For purposes of this mitigation
measure, "imminent" shall mean approved and funded.
. Improve Olympic Parkway between 1-805 and Paseo Ranchero to Prime
Arterial standards.
. Continued freeway planning efforts and deficiency planning by Caltrans and
SANDAG to determine aoceptable mitigation strategies for the regional
freeway system. The City of Chula Vista is willing to review and consider
participating in a regional deficiency plan as developed and approved by
SANDAG, Caltrans, and all other local jurisdictions.
Year 2005 (with SR-125)
The following mitigation measures would reduce cumulative impaots for freeways
for the year 2005 without SR-125:
. Continued freeway planning efforts and deficiency planning by Caltrans and
SANDAG to determine acceptable mitigation strategies for the regional
freeway system. The City of Chula Vista is willing to review and consider
participating in a regional deficiency plan as developed and approved by
SANDAG, Caltrans, and all other local jurisdictions.
30 //--1/:/
,~, Year 2010 (with SR-125)
The folJowing mitigation measures would reduce the cumulative impaots for
intersections, street segments, and freeways for the year 2010:
Indirect
. Improve Lane Avenue between Proctor Valley Road and Otay Lakes Road
to four-lane Major street standards.
. Improve Otay Lakes Road (SR-125 to EastLake Parkway) to eight lanes.
. Continued freeway planning efforts and deficiency planning by Caltrans
and SANDAG to detennine acceptable mitigation strategies for the
regional freeway system. The City of Chula Vista is willing to review and
consider participating in a regional deficiency plan as developed and
approved by SANDAG, Caltrans, and all other local jurisdictions.
Buildout Conditions
The following mitigation measures would reduce cumulative impaots for
street segments under buildout conditions:
. Improve EastLake Parkway between Otay Lakes Road and SR-125 to six-
lane Major street standards.
. Continued freeway planning efforts and deficiency planning by Caltrans
and SANDAG to detennine acceptable mitigation strategies for the
regional freeway system. The City of Chula Vista is willing to review and
consider participating in a regional deficiency plan as developed and
approved by SANDAG, Caltrans, and all other local jurisdictions.
The mitigation measures identified in Chapter 4.2 would reduce direot
transportation/traffic circulation impacts associated with the proposed EastLake
Trails/Greens Replanning project vicinity. Application of these additional
measures to the proposed project and other projects in the area would reduce the
cumulative impacts associated with increased traffic on area roadways to below a
level of significance. However, at buildout the signifioant freeway cumulative
impacts would not be mitigable to below a level of significance. It should be
noted that some of the improvements, such as the near-term widening of 1-805,
may be infeasible due to funding constraints. Therefore, the cumulative impacts
to freeway segments would not be fully mitigated.
31 //-~3
B. AIR QUALITY
Cumulative Effeots: Because the San Diego Air Basin is nonattainment for ozone
and PM-lO, the incremental increase in air pollutants generated from the project
combined with air quality impacts from suIToùnding projects will result in a
cumulatively significant impact to air quality in the San Diego Air Basin. [SEIR,
Subohapter 4.2 and Chapter 5.0, pp.79 through 83 and p. 195]
Finding: Pursuant to section 15091 (a)(I) of the State CEQA Guidelines, changes
or aJterations are required in, or incorporated into, the project whioh will avoid the
significant direct environmental effect as identified in the Subsequent EIR. No
mitigation for cumulatively significant air quality impacts is available other than
compliance with the goaJs and objectives of the Regional Air Quality Strategies.
Mitigation Measures: The following mitigation meaSUres are feasible and are
required as conditions of approval and are made binding on the applicant through
these findings. [SEIR, Subchapter 4.2.4, p. 81-83]
The projeot is consistent with the goals and objectives of the Regional Air Quality
Strategies. No feasible mitigation is available to reduce cumulatively significant
air quality impacts to below a level of significance. ~
X.
FEASffiILITY OF POTENTIAL PROJECT ALTERNATIVES
Because the project will cause some unavoidable significant environmental effects, as
outlined above the City/County must oonsider the feasibility of any environmentally
superior alternative to the project, as finally approved. The City must evaluate whether
one or more of these alternatives could avoid or substantially lessen the unavoidable
significant environmental effects.
In general, in preparing and adopting findings a lead agency need not necessarily address
feasibility when oontemplating the approval of a project with significant impacts. Where
the significant impacts can be mitigated to an aoceptabJe (insignificant) level solely by
the adoption of mitigation measures, the agency, in drafting its findings, has no obligation
to consider the feasibility of environmentally superior alternatives, even if their impacts
would be less severe than those of the project as mitigated. Laurel Heights Improvement
Association v. Regents of the University of California (1988) 47 CaI.3d 376 [253 CaI.
Rptr. 426]; Laurel Hills Homeowners Association v. City Council (1978) 83 CaI.App.3d
515 [147 CaI. Rptr. 842]; see also Kings County Fann Bureau v. City of Hanford (1990)
32 //---J/?
- 221 Cal.App.3d 692 [270 Cal. Rptr. 650]. Accordingly, for this project, in adopting the
findings concerning projeot alternatives, the City Council considers only those
environmental impacts that, for the finally approved project, are significant and oannot be
avoided or substantially lessened through mitigation.
Where, as in this project, significant environmental effects remain even after application
of all feasible mitigation measures identified in the Subsequent EIR, the decisionmakers
must evaluate the project alternatives identified in the Subsequent EIR. Under these
circumstances, CEQA requires findings on the feasibility of project alternatives.
"Feasible" means oapable of being accomplished in a successful manner within a
reasonable time, taking economic, environmental, legal, social, and technological factors
into account. [CEQA Guidelines section 15364]
If project alternatives are feasible, the decisionmakers must adopt a Statement of
Oveniding Considerations with regard to the project. If there is a feasible alternative to
the project, the decisionmakers ,must decide whether it is environmentally superior to the
project. Proposed project alternatives considered must be ones which "could feasibly
attain the basic objectives of the project." However, the Guidelines also require an EIR to
examine alternatives "capable of eliminating" environmental effects even if these
alternatives "would impede to some degree the attainment of the project objectives."
- [CEQA Guidelines section 15126]
"
The City has properly considered and reasonably rejected projeot alternatives as
"infeasible" pursuant to CEQA. CEQA provides the following definition of the term
"feasible" as it applies to the findings requirement: "Feasible" means capable of being
aocomplished in a successful manner within a reasonable period of time, taking into
account economic, environmental, social, and technological factors." [Pub. Resources
Code section 21061.1] The CEQA Guidelines provide a broader definition of "feasibility"
that also encompasses "legal" faotors. CEQA Guidelines section 15364 states, 'The laok
of legal powers of an agency to use in imposing an alternative or mitigation measure may
be as great a limitation as any economic, environmental, social, or technological factor."
Accordingly, "feasibility" is a term of art under CEQA and thus may not be afforded a
different meaning as may be provided by Webster's Dictionary or any other sources.
Moreover, Public Resources Code seotion 21081 governs the "findings" requirement
under CEQA with regard to the feasibility of alternatives. Specifioally, no public agency
shall approve or carry out a project for which an environmental impact report has been
certified which identifies one or more significant effeots on the environment that would
occur if the project is approved or canied out unless the public agency makes one or more
of the following findings:
33 //~¥?
(1) "[c]hanges or alterations have been required in, or incorporated into, the
project which avoid or substantiaIJy lessen the significant environmental effect
as identified in the final EIR" [CEQA Guidelines, 15091, subd. (a)(I)]
(2) "such changes or alterations are within the responsibility and jurisdiction of
another public agency and not the agency making the finding. Such changes
have been adopted by such other agency or can and should be adopted by such
other agency. [CEQA Guidelines, 15091, subd. (a)(2)]
(3) "[s]pecific economic, legal, social, technological, or other considerations,
including provision of employment opportunities for highly trained workers,
make infeasible the mitigation measures or project alternatives identified in
the final EIR." [CEQA Guidelines, 15091, subd. (a)(3)]
Public Resources Code section 21061.1 defines "feasible" to mean "capable of being
accomplished in a successful manner within a reasonable period of time, taking into
aocount economic, environmental, social and technological factors." CEQA Guidelines
section 15364 adds another factor: "legal" considerations. (See also Citizens of Goleta
Valley v. Board of Supervisors (1990) 52 Cal.3d 553, 565 [276 Cal. Rptr. 410].)
The concept of "feasibility" also encompasses the question of whether a particular -,
alternative or mitigation measure promotes the underlying goals and objectives of a
project. (City of Del Marv. City of San Diego (1982) 133 Cal.App.3d 410, 417 [183 Cal.
Rptr. 898]) "'[F]easibility' under CEQA encompasses 'desirability' to the extent that
desirability is based on a reasonable balancing of the relevant economic, environmental,
social, and technologioal factors." (Ibid.; see also Sequoyah Hills Homeowners Assn. v.
City of Oakland (1993) 23 Cal.AppAili 704, 715 [29 Cal.Rptr.2d 182])
These findings contrast and compare the alternatives where appropriate in order to
demonstrate that the selection of the finaIJy approved project, while still resulting in
significant environmental impacts, has substantial environmental, planning, fiscal and
other benefits. In rejecting certain alternatives, the deoisionmakers have examined the
finally approved project objectives and weighed the ability of the various alternatives to
meet the objectives. The decisionmakers believe that the project best meets the finaIJy
approved project objectives with the least environmental impact.
The Final SEIR for the project examined alternatives to the proposed project to determine
whether it could meet the project objectives while avoiding or substantiaIJy lessening one
or more of the projeot's significant impacts. The findings below examine alternative to
determine feasibility.
34 /I/£/~
,..-... A. NO PROJECT ALTERNATIVE
Under the No Project alternative, the EastLake Trails project site and the "Land Swap"
parcels would remain in their existing undeveloped condition. The direct impacts
associated with project implementation and the potentiaJJy significant cumulative impacts
related to proposed and approved developments in the area would not ocour under this
scenario. These impacts include impacts to wetland habitats in Salt Creek, landform
alteration and aesthetic character, runoff and erosion patterns, noise, and traffic
circulation.
However, EastLake Trails, as part of the City of Chula Vista General Plan and adopted
EastLake n GDP, is an area planned for development in the city of Chula Vista, and it is
likely that similar development would again be proposed for the site in the future. The
No Project alternative would not accomplish the goals of the proposed project (i.e., a
variety of housing types and accompanying planned community land uses).
Finding:
1. This alternative would not achieve the open space goals of the Chula Vista
Genera] Plan and adopted General Development Plan. SpeoificaJJy, the
~, preservation and enhancement within the Salt Creek corridor associated with the
proposed project would not ocour and no substantial open space preservation
would result from the No Projeot alternative.
2. This alternative conflicts with the housing goals of the General Plan, which
recommends that housing be provided for all inoome groups. Housing costs in the
Future Urbanizing Area would be too high for employees in nearby job sites.
3. This alternative provides little or no support for public transit, oonflicting with the
adopted General Plan transit goals.
4. Retention of the project site in its existing state as primarily agricultural fields
would be inconsistent with the approved General Plan and adopted EastLake
General Development Plan land use designations for the site. This alternative
would not take advantage of the opportunity to contribute open space and would
not provide the housing opportunities envisioned in the General Plan. In addition,
key subregional traffic routes established in the Ciroulation Element would not be
implemented.
5. Also, retention of the site in its ourrent vacant condition would not implement the
goals of the General Plan and would require reevaluation of the adopted GDP.
The projeot proposes to provide regional-serving public facilities designated in the
- oommunity plan, including Circulation Element roads, schools, parks, open space,
35 //~~I
--
water conveyance faoilities, and other infrastructure. These faoilities would be
needed to support surrounding developments whether the projeot is implemented
Of not. The No Project alternative would require that these facilities be provided
without the benefit of the dedications and financial participation from private
development, whioh may delay or preclude facilities from being provided. The
reduction in dwelling units will result in a loss of contributions into the PFFP
from the dwelling units/structures that would otherwise have made payments
upon issuance of building pennits. The loss of units under the No Project
alternative would result in a shortfall of contributions into the PFFP and
potentially lead to insufficient funding for the remaining public faoilities currently
identified in the PFFP for construction in this area.
6. The City and County would receive much lower long-term revenues in the form
of propeJty and sales tax, resulting from the non-development of residential.
B. DEVELOPMENT CONSISTENT WITH ADOPTED PLANS
An alternative land use concept to the proposed project would be to implement the
adopted GDP and not proceed with the proposed amendments and corresponding SPA
Plan for the Trails and SPA Plan Amendment for the Greens (see Figures 3-1 and 3-3 in
the Final SEIR). Under this scenario, the "Land Swap" parcels would not be included in ---..
the Greens SPA, would not be annexed into the EastLake II GDP, and would remain as
part of the Otay Ranch GDP as adopted in 1995. The land uses adopted for the Trails
would remain as shown in the existing EastLake II GDP.
Implementation of this alternative would not substantially affect the signifioanoe of the
impacts associated with the proposed EastLake Trails and "Land Swap" parcels project.
However, this scenario would retain the commercial land use designation at the
intersection of Hunte Parkway and Otay Lakes Road and would increase the overall
number of residential dwelling units within the EastLake Trails SPA by approximately 90
units. As such, there would be minor incremental increases in the impacts associated
with the proposed EastLake Trails SPA Plan Amendment. The land uses shown for the
"Land Swap" parcels are entirely consistent with those adopted under the Otay Ranoh
GDP and are also consistent with the Chula Vista General Plan. Retention of the "Land
Swap" parcels as part of the Otay Ranch GDP would not affect the environmental
impacts described in the SEIR.
Finding:
I. The resulting site design under this alternative would not implement the land use
ooncepts/objectives associated with the proposed project. The site design under
the adopted GDP would not accommodate the open space enhancement/publio
recreational values created within the Salt Creek corridor under the proposed
36 J/ ~5'o
r-." project. Also, this alternative would not implement the revision to the internal
circulation pattern which allows the open space within Salt Creek to be buffered
by a perimeter roadway rather that residential lots.
2. In addition, the location of the elementary school shown in the adopted plan
would not be acceptable to the Chula Vista Elementary School District and would
provide less integration of the school/residential uses from a land use planning
perspective.
XI.
STATEMENT OF OVERRIDING CONSIDERA nONS FOR THE PROPOSED
EASTLAKE TRAll..S/GREENS REPLANNING PROGRAM SEIR
The project would have signifioant, unavoidable impacts on the following areas,
described in detail in these Findings of Fact:
. Landfonn AlterationlVisual Quality (direct and cumulative);
", . Biological Resources (direct and cumulative);
. Hydrology and Water Quality (direct and cumulative);
. Paleontology (direct);
. Public Facilities (direct);
. Transportation, Circulation, and Access (direot and cumulative);
. Air Quality (cumulative); and
. Noise (direct).
The City has adopted all feasible mitigation measures with respeot to these impacts.
Although in some instances these mitigation measures may substantially lessen these
significant impaots, adoption of the measures will, for many impacts, not fully avoid the
impacts.
Moreover, the City has examined a reasonable range of alternatives to the project. Based
on this examination, the City has determined that none of these alternatives both (1) meet
projeot objectives and (2) is environmentally preferable to the finally approved project.
37 //:.5 )
- .
As a result, to approve the project the City must adopt a "statement of overriding
considerations" pursuant to CEQA Guidelines sections 15043 and 15093. This statement
a11ows a ]ead agency to oite a projeot's general eoonomio, social or other benefits as a
justification for choosing to allow the occurrence of specified significant environmental
effects that have not been avoided. The statement explains why, in the agency's
judgment, the project's benefits outweigh the unavoidable significant effects. Where
another substantive law (e.g., the California Clean Air Act, the Federal Clean Air Act, or
the California or Federal Endangered Species Acts) prohibits the lead agency from taking
certain actions with environmental impacts, a statement of overriding considerations does
not relieve the lead agency from such prohibitions. Rather, the decisionmaker has
recommended mitigation measures based on the analysis contained in the final SEIR,
recognizing that other resource agencies have the ability to impose more stringent
standards or measures.
CEQA does not require lead agencies to analyze "beneficial impacts" in an EIR. Rather,
EIRs are to focus on potential "significant effects on the environment," defined to be
"adverse." [pub. Resouroes Code section 21068] The Legislature amended the definition
to focus on "adverse" impacts after the California Supreme Court had held that beneficial
impaots must also be addressed. Nevertheless, deoisionmakers benefit from information
about project benefits. These benefits can be oited, if necessary, in a statement of
overriding considerations. [CEQA Guidelines section 15093] ~
The City finds that the project would have the following substantial social,
environmental, and economic benefits:
1. The project would place approximately 15.2 aores in open spaoe for the benefit of
residents, the public, and wildlife. The proposed designation of the open space,
would provide an improved transition to Salt Creek and the habitat preserve areas
to the south identified in the Chula Vista Multiple Species Conservation Program
Draft Subarea Plan.
2. The overall project area from a oumulative standpoint currently exceeds Federal
and State air quality standards for a number of emissions factors, including ozone
and carbon monoxide. A substantial majority of these emissions are attributable
to motor vehicles. In order to comply with the Federal and California Clean Air
Aots, the San Diego region must reduce these sources. The project is designed to
reduce the adverse impact to air quality and automobile congestion that would
otherwise result if jobs and housing were provided for in a typical suburban
development pattern. The project aocomplishes this goal through its location and
design by promoting linkage of trips, reduced trip length and encourage use of
alternative modes of transportation such as biking, walking, and use of transit.
38 J/~52
r--,. 3. The project will provide for significant community-wide publio facilities. As the
pJan is implemented, it will be responsible for constructing on-site a significant
portion of the public facilities and infrastructure required serving the subregion.
These facilities include:
a) Improvements to regional backbone ciroulation system, including OIympio
Parkway, Otay Lakes Road, EastLake Parkway, and Hunte Parkway. In
addition, the "Land Swap" parcels accommodate the right-of-way for
SR-125.
b) Schools serving the subregion including the on-site elementary school.
c) A community park with fields and community buildings.
d) Water line and sewer infrastructure improvements that serve the larger
subregion.
4. The project is generaJly consistent with and implements the land use designations
of the adopted General Plan and General Development Plan, provides a mix of
land uses that provides housing °ppOitunities, recreational opportunities, and the
public facilities in the Eastern Territories of the City of Chula Vista. As such, the
project provides the opportunity to complete the comprehensive planning process
initiated for the overall EastLake Planned Community in 1982.
5. The project will help meet a projected long-tenD regional need for housing by
providing a wide variety of housing types and prices. SANDAG housing capacity
studies indicate a shortage of housing will occur in the project area within the next
20 years. In recent years, the cost of housing compared to other uses has risen
disproportionate to the cost of other uses in the project area (e.g., commercial,
industrial), reflecting a shortfall in residentially zoned land. The project will help
reduce the cost of housing by designating an adequate suppJy of suitable land for
residential development. The proposed range of residential densities within
EastLake Trails and southern "Land Swap" parcel will result in housing types and
prices that will promote socioeconomic diversity, which the City finds both
important and desirable.
6. The fiscal impact analysis conducted for the EastLake Trails/Greens Replanning
Process has concluded that, at buildout, the project will have a net positive impaot
on the City of Chula Vista. In addition, the approval of this project will result in
an increased generation of real property tax revenue for the City of Chula Vista.
The City would receive real property tax increment revenues attributable to the
increased value of improved real property associated with the 1.170 dwelling units
- for the projeot. Based on the assessed value of the Jand with implementation of
39 J )---53
the proposed improvements and a standard tax rate of 1.25 percent, total property
tax for the proposed units (assuming an average valuation of $250,000 per
dwe jjng unit) would be approximately $3,656,250 per tax year. A portion of
these property taxes would be paid to the City. It should be noted that the
estimated real estate values and the lax rate used to calculate the property tax are
subject to change as indi vidual phases of the projeot are implemented.
7. The project would generate new temporary construction-related jobs that would
enhanoe the economic base of the region.
For these reasons on balance, the City Council finds there are economic, sooial, and other
considerations resulting from the project that serve to ovetTide and outweigh the project's
unavoidable significant environmental effects, and thus, the adverse unavoidable effects
are considered acceptable.
'-'.
40 //-:.51
MITIGATION MONITORING PROGRAM
This mitigation monitoring program was prepared for the City of Chu]a Vista for the
EastLake Trails/Greens Replanning Program to comply with Assembly Bill 3180, which
requires public agencies to adopt such programs to ensure effective implementation of
mitigation measures. This monitoring program is dynamic in that it will undergo changes
as additional mitigation measures are identified and additional oonditions of approval are
placed on the project throughout the project approval process.
This monitoring program wj]] serve a dual purpose of verifying completion of the
mitigation measures for the proposed project and generating infonnation on the
effectiveness of the mitigation measures to guide future decisions. The program includes
the following:
. Monitoring team qualifications
. Specific monitoring activities
. Reporting system
. Criteria for evaluating the success of the mitigation measures
The EastLake Trails/Greens Replanning Program involves two neighborhoods known as
EastLake Greens and EastLake Trails, both located within the EastLake n GDP area.
The EastLake Greens neighborhood, which has an adopted SPA and is developed,
consists of 853.2 acres and contains a wide range of residential densities and other
support services. The EastLake Trails neighborhood, which does not have an adopted
SPA and is cUITently vacant, consists of 322.2 acres, and under the adopted EastLake n
GDP, this area contains residential land use designations for the most part, with the
exception of a IS-acre commeroial site.
In 1992, the EastLake and Baldwin companies completed a land exchange involving
three parcels of land which are commonly known as the "Land Swap" parcels. The
"Land Swap" parcels originally consisted of 157 acres. A total of 15.3 acres of the 157
acres was added to several EastLake Greens parcels (R-1O, R-12, R-20, P-3), and
Olympic Parkway right-of-way. This acreage is already included in the cuITently adopted
EastLake Greens SPA. The remaining balance of 141.7 acres would be added to the
Greens SPA with the proposed amendment. The amendments to the Eastlake n GDP and
the SPA Plans for the Trails and Creeks are described in the EIR text.
The Subsequent Environmental Impact Report, incoIporated herein as referenced, focused
on eight issues detennined to be potentially signifioant by the City of Chula Vista. The
environmental analysis concluded that for all of the environmental issues discussed, some
I //--S~
of the significant and potentially significant impacts could be avoided or reduced through
implementation of recommended mitigation measures. The eight issues are transpor-
tation/traffic oirculation; biologioal resouroes; hydroJogy/drainage; landfonn alteration/
visual quality; noise; paleontology; air quality; and public facilities. Cumulatively
adverse impacts were identified for landfonnlvisual quality; transportati onltraffi c
circulation; and air quality.
AB 3180 requires monitoring of only those impacts identified as significant or potentialJy
significant; the monitoring program for the EastLake Trails/Greens Replanning Program
therefore addresses the impacts associated with the issue areas identified above.
Miti!!ation Monitorin!! Team
A monitoring team should be identified onoe the mitigation measures have been adopted
as conditions of approval by the Chula Vista City Council. Managing the team would be
the responsibility of the Mitigation Monitor (MM). The monitoring activities would be
accomplished by the Environmental Monitors (EMs), Environmental Specialists (ESs),
and the MM. While specific qualifications should be detennined by the City of Chula
Vista, the monitoring team should possess the following capabilities:
. Interpersonal, decision-making, and management skills with demonstrated experience
in working under trying field circumstances;
. Knowledge of and appreciation for the general environmental attributes and special
features found in the project area;
. Knowledge of the types of environmental impacts associated with construction of
cost-effective mitigation options; and
. Excellent communication skilJs.
The responsibilities of the MM throughout the monitoring effort include the following:
. Implement and manage the monitoring program;
. Provide quality control for the site-development monitoring;
. Administrate and prepare daily logs, status reports, compliance repons, and the final
construction monitoring;
. Act as liaison between the City of Chula Vista, the EastLake developer, and the
applicant's contractors;
2 //~--š?
. Monitor on-site, day-to-day construction aotivities. including the direotion of EMs
and ESs In the understanding of aIJ permit oonditions, site-specific project
requirements, construction schedules, and environmental quality oontrol effort;
. Ensure contractor knowledge of and compliance with aU appropriate permit
conditions;
. Review aU construction impact mitigation and, if need be, modify existing mitigation
or proposed additional mitigation;
. Have the authority to require correction of activities observed that violate project
environmental conditions or that represent unsafe or dangerous oonditions; and
. Maintain prompt and regular communication with the on-site EMs and ESs, and
personnel responsible for contractor performance and permit compliance.
The primary role of the Environmental Monitors is to serve as an extension of the MM in
performing the quality control functions at the construction sites. Their responsibilities
and functions are to:
. Maintain a working knowledge of the EastLake Trails/Greens permit conditions,
/c contract documents, construction schedules and progress, and any special mitigation
requirements for his or her assigned construction area;
. Assist the MM and EastLake Trails/Greens construction oontractors in coordinating
with City of Chula Vista compliance activities;
. Observe construction activities for compliance with the City of Chula Vista permit
conditions; and
. Provide frequent verbal briefings to the MM and construction personnel, and assist
the MM as necessary in preparing status reports.
The primary role of the Environmental Specialists is to provide expertise when
environmentally sensitive issues occur throughout the development phases of projeot
implementation and to provide direction for mitigation.
Pro!!I'am Procedural Guidelines
Prior to any construction activities, meetings should take place between all the parties
involved to initiate the monitoring program and establish the responsibility and authority
of the participants. Mitigation measures that need to be defined in greater detail will be
3 //-5;/
addressed prior to any project plan approvaJs in follow-up meetings designed to discuss
specific monitoring effects.
An effective reporting system must be established prior to any monitoring efforts. All
parties invoJved must have a clear understanding of the mitigation measures as adopted
and these mitigations must be distributed to the partioipants of the monitoring effort,
Those that would have a complete list of all the mitigation measures adopted by the City
of Chula Vista would include the City of Chula Vista, the EastLake Trails/Greens
developer, the MM, and the construction crew supervisor. The MM would distribute to
each Environmental Specialist and Environmental Monitor a specific list of mitigation
measures that pertain to his or her monitoring tasks and lhe appropriate time frame that
these mitigations are anticipated to be implemented. In addition to the list of mitigations,
the monitors wíII have mitigation monitoring report (MMR) fonns with each mitigation
written out on the top of the fonn. Below the stated mitigation measure, the fonn will
have a series of questions addressing the effectiveness of the mitigation measure. The
monitors shall complete the MMR and file it with the MM following their monitoring
activity. The MM will then include the conclusions of the MMR into an interim and final
comprehensive construction report to be submitted to the City of Chula Vista. This report
will describe the major accomplishments of the monitoring program, summarize
problems encountered in achieving the goals of the program, evaluate solutions
developed to overcome problems, and provide a list of recommendations for future
monitoring programs. In addition and if appropriate, each EM or ES wíIl be required to
fill out and submil a daily log report to the MM. The daily log report will be used to
record and account for the monitoring activities of the monitor. Weekly/monthly status
reports, as determined appropriate, will be generated from the daily logs and compliance
reports and will include supplemental material (i.e., memoranda, telephone logs, letters).
This type of feedback is essential for the City of Chula Vista to confonn the
implementation and effectiveness of the mitigation measures imposed on the project.
Actions in Case of Noncompliance
There are generally three separate categories of noncompliance associated with the
adopted conditions of approval:
. Noncompliance requiring an immediate halt to a specific task or piece of equipment;
. Infraction that initiates an immediate corrective aotion (no work or task delay); and
. Infraction that does not WaITant immediate cocrective action and results in no work or
task delay.
In all three cases, the MM would notify the EastLake Trails/Greens contractor and the
City of Chula Vista, and an MMR would be filed with the MM on a daily basis.
4 / j-- s:-g--
There are a number of options the City of Chula Vista may use to enforce this program
should noncompliance oontinue. Some methods commonly used by other Jead agenoies
include "stop work" orders, fines and penaJties (civil), restitution, permit revocations,
citations, and injunctions. It is essential that aH parties involved in the program
undersland the authority and responsibiJity of the on-site monitors. Decisions regarding
actions in case of noncompliance are the responsibility of the City of Chula Vista.
The foHowing text includes a summary of the project impacts and a list of all the
associated mitigation measures. The monitoring efforts necessary to ensure that the
mitigation measures are properly implemented are incorporated into the measures. AH
the mitigation measures identified in the EIR are anticipated to be translated into
conditions of project approval. In addition, once the project has been approved and prior
to its implementation, the mitigation measures shaJl be further detailed.
SUMMARY OF PROJECT IMPACTS AND MITIGATION MEASURES
The following table summarizes aJI the project impacts and lists aJI the associated
mitigation measures and the monitoring efforts necessary to ensure that the measures are
properly implemented. All the mitigation measures identified in the SEIR are
recommended to be translated into conditions of project approvaJ and are stated herein in
language appropriate for such conditions. In addition, once the EastLake Trails/Greens
Replanning Program has been approved and during various stages of implementation, the
mitigation measures shall be further detailed by the designated monitors, City of Chula
Vista, and the applicant.
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CITY COUNCIL AGENDA STATEMENT
Item: J.;L
-
Meeting Date: 11/24/98
ITEM TITLE: PUBLIC HEARING: Consideration of the following application
filed by The Eastlake Company involving three separate parcels in the
Eastlake Planned Community with a combined total of 455 acres
a. GPA-97-03; amendments to the Chula Vista General Plan,
changing the land use designation of 15 acres at the southeast
corner of Hunte Parkway and Otay Lakes Road from Retail
Commercial to Low Medium Density Residential (3-6 du/ac),
and rearranging the Eastlake Trails Park and Public Quasi-
public land use designations.
b. PCM-97-09; amendments to the Eastlake II General
Development Plan, Eastlake Greens Sectional Planning Area
(SPA) plan and associated documents to annex 133.5 acres into
the Eastlake Planned Community; modify and redistribute the
Eastlake Trails land uses and delete the Retail Commercial
and Medium High Density Residential designations.
c, PCM-97-16; adoption of a new SPA and associated regulatory
documents, including Planned Community District Regulations,
Design Guidelines, Public Facilities Financing Plan, Air Quality
Improvement Plan, Water Conservation Plan and Affordable
Housing pro7 for the Eastlake Trails.
ß ) j;2 ?
Resolution approving amendments to the Chula Vista General Plan,
Eastlake II General Development Plan, Eastlake Greens Sectional
Planning Area (SPA) plan, Eastlake Greens Public Facilities Financing
Plan, Eastlake Greens Air Quality Improvement Plan, Eastlake Greens
Water Conservation Plan and Eastlake Greens Design Guidelines;
adopt a new Sectional Planning Area (SPA) plan with Planned
Community District Regulations, Design Guidelines, Public Facilities
Financing Plan, Air Quality Improvement Plan, Water Conservation
Plan and Affordable Housing Program for 322 acres located east of
Hunte Parkway between Otay Lakes Road and Olympic Parkway.
;¿7tf
-1 Ordinance approving amendments to the Eastlake II
. . (Eastlake I expansion) Planned Community District Regulations
and Land Use Districts Map.
SUBMITrED BY, Dh","" ofPJ=in""d~gæ
REVIEWED BY: City ManageiJ{< ~5 ~ (4/5 Vote: Yes- No_XJ
/;¿ - /
Page 2, Item: ~
Meeting Date: 11/24/98
The applicant, The Eastlake Company, has submitted applications to amend the City's
General Plan, Eastlake II General Development Plan (GDP), Eastlake Greens Sectional
Planning Area (SPA) plan and associated regulatory documents in order to annex 133.5
acres that The Eastlake Company obtained as a result of a land exchange with the Baldwin
Company in 1992. The applicant also submitted applications to modify and redistribute GDP
land uses and adopt a new Eastlake Trails SPA for 322.2 acres which are located east of
Hunte Parkway between Otay Lakes Road and Olympic Parkway (see Locator). The
Eastlake Trails SPA accompanying documents include: Planned Community District
Regulations, Design Guidelines, Public Facilities Financing Plan, Air Quality Improvement
Plan, Water ConseIVation Plan and Mfordable Housing Program. The Eastlake II General
Development Plan, Eastlake Greens SPA and associated regulatory documents, as proposed
to be amended, are included in the attached Eastlake Greens binder (see Attachments 4).
The new Eastlake Trails SPA is included in a separate binder (see Attachment 5).
Subsequent Environmental Impact Report for this Project (SEIR-97-04) has been previously
certified by the Planning Commission of the City of Chula Vista.
RECOMMENDATION:
Adopt attached Resolution and Ordinance approving the General Plan Amendments (GP A-
97-03), Eastlake II GDP amendments (PCM-97-09), New Eastlake Trails SPA (PCM-97-16)
and Planned Community District Regulations in accordance with the findings and subject
to the conditions contained therein.
BOARDS AND COMMISSIONS RECOMMENDATION:
On November 11, 1998 the Planning Commission considered the proposed project and voted
4-0 (Commissioners Tarantino, Aguilar and Thomas Absent) to recommend that the City
Council approve the proposed amendments to the City of Chula Vista General Plan,
Eastlake II General Development Plan, Eastlake Greens Sectional Planning Area (SPA)
plan and associated regulatory documents, and Eastlake II Planned Community District
Regulations and Land Use Districts map in accordance with the findings and subject to the
conditions contained in the draft City Council Resolution.
PUBLIC INPUT:
A community meeting was held on August 13, 1998 at the Eastlake Clubhouse Community
Center. Those in attendance endorsed the project and welcomed the new recreational and
school facility to be introduced as part of the new development. No major issues were raised
at the meeting.
./c1 ~ ;2-
- --~--,-
Page 3. Irem: .11......
Meeting Dare: 11/24/98
DISCUSSION:
1. Existing Site Characteristics
The Eastlake planned community area, where the project sites are located, is known
as Eastlake II GDP and is located north and south of Otay Lakes Road, east of the
Future SR-125 freeway alignment, west of the Salt Creek open space corridor and
north of Olympic Parkway (see Locator). The adopted Eastlake II GDP covers
approximately 2,200 acres and includes Eastlake I, Eastlake Greens, Salt Creek I and
the proposed Eastlake Trails SPAs (see Figure 5).
The project involves three separate sites known and hereby referred to as the
Eastlake Trails, Northern and Southern "Land Swap" parcels. The following
paragraphs describe each of this sites in more detail.
Northern "Land Swap" Parcel
The Northern "Land Swap" parcel is located on the south side of Otay Lakes Road
west of the future SR-125 freeway alignment. The 24.7 acre, triangular shaped site
is approximately 40 ft. above Otay Lakes Road, and bisected by several utility
easements. Access to the site is from Otay Lakes Road (see Locator).
Southern "Land Swap" Parcel
The Southern Land Swap parcel is a 108.8 acre, irregular shaped parcel located
north of Olympic Parkway between SR-125 and the existing Eastlake Greens
boundaries. The site terrain features the same gently rolling hills found in the
Eastlake Greens. The future extension of Eastlake Parkway will bisect the site
creating two fifty acre parcels with access from Eastlake Parkway (see Locator).
Eastlake Trails
The Eastlake Trails Neighborhood consists of 322.2 acres located east of Hunte
Parkway between Otay Lakes Road and Olympic Parkway (see Locator). The terrain
slopes west to east about 100 ft. from Hunte Parkway to the bottom of the Salt
Creek open space corridor. Access to the site is from Hunte Parkway via Otay Lakes
Road. In the future, Olympic Parkway will provide an alternative connection to SR-
125 freeway and western Chula Vista (see Figure 7 and 7a).
2. Project Description
The proposed project consists of modifying and rearranging the Eastlake Trails land
uses and incorporating 133.5 acres (Northern and Southern "Land Swap" Parcels) to
the Eastlake II GDP, Eastlake Greens SPA and associated regulatory documents.
The following paragraphs describe the proposed project and requested amendments
in more detail.
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Meeting Date: 11f24/98
The Northern "Land Swap" Parcel
The Northern "Land Swap" parcel is designated for Professional and Administrative
Commercial in the General Plan, and is proposed to retain the same land use
designation in the Eastlake II GDP and Eastlake Greens SPA (see Figures 2 and 4).
The Southern "Land Swap" Parcel
The Southern "Land Swap" parcel is bisected by the extension of Eastlake Parkway
creating two parcels. These two parcels are presently zoned PC and, under the City's
General Plan, have been designated Retail Commercial and Medium High Density
Residential. The parcel west of EastIake Parkway is proposed to be designated
Freeway Commercial, allowing large retail operations such as Home Depot, K-Mart,
etc. The parcel east of EastIake Parkway is proposed to be merged with an 8.5 acre,
Low Medium Density Residential parcel, targeted for 45 dwellings, and a 6.3 acre
Future Urban parcel located directly south. The combined parcels will produce a 65
acre parcel with capacity for 750 dwelling units (see Figure 4).
EastIake Trails SPA
Under the adopted EastIake II GDP, the EastIake Trails is a 393.7 acre residential
neighborhood designed to accommodate 1,260 dwelling units with densities ranging
from Low (0-3 du/ac) to Medium High Density (11-18 du/ac). Retail Commercial,
Public Quasi-public, Parks and Open Space land uses complement the residential
land uses.
The replanning program features basically the same land uses, except for the Retail
Commercial and Medium High residential which are proposed to be deleted. The
new SPA establishes Low Density (0-3 du/ac), Low Medium (3-6 du/ac) and Medium
(6-11 du/ac) Density Residential land use districts, in addition to support land uses
such as: Community Purpose Facilities, Parks and Open Space, and Public Quasi-
public sites (see Figure 6).
The new SPA plan also includes a new internal circulation system without the loop
road featured in the adopted GDP. The SPA has been designed without major
streets, except for the extension of Clubhouse Drive, to reduce the traffic speed and
be more pedestrian friendly (see Figure 7).
2, Requested Amendments
In order to implement the proposed development program, the applicant has
requested approval of amendments to the General Plan, EastIake II GDP, EastIake
Greens SPA, and adoption of a new SPA, and associated regulatory documents, for
the EastIake Trails. The proposed amendments and new SPA are described in the
following paragraphs:
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Meeting Date: 11/24/98
General Plan Amendments
The Northern and Southern "Land Swap" Parcels are consistent with the General
Plan. Therefore, no amendments are proposed for these parcels. However, the
EastJake Trails replanning program requires the following amendments:
Change the Retail Commercial land use designation of 15 acres located at the
northwest corner of the Trails SPA area to Low Medium density residential
(deleting all commercial designations from the Trails).
Relocate PQ site (school site) from the center to the west end of the SPA
(GP Land Use Diagram modification).
Relocate the Park land use designation from the center of the SPA to the
north end of the Trails SPA, within the Salt Creek open space corridor.
EastJake II General Development Plan Amendments
The proposed amendments to the EastJake II GDP consist of changing the GDP
map, text and statistics to reflect the following changes (see Figures 1 and 2, adopted
and proposed GDP):
Add 50.7 acres of Freeway Commercial (southwest corner of GDP) and 24.7
acres of a new Professional and Administrative Commercial land use
designation to the Eastlake II GDP.
Create a new 65 acre, Medium High (MH) Density Residential parcel with
capacity for 750 dwelling units by merging a Low Medium Density Residential
(8.5 ac) and Future Urban parcels in the Greens (6.3 ac) with the eastern 58.1
acres of the Southern "Land Swap" Parcel (see Figure 4).
Merge the utility easement area in the Southern "Land Swap" Parcel with the
existing EastJake Greens Open Space parcel OS-I.
Adopt a new Community Purpose Facilities Master Plan to distribute the
required CPF acreage for the remaining developable areas in the EastJake
planned community (Greens, "Land Swap" Parcels, Trails, Woods and Vistas
SPAs) and allow youth ball fields on a 4.6 acre CPF site in the Trails (see
Section 1.11.3 of the EastJake II GDP, Attachment 4 and 5).
Increase the EastJake II GDP acreage from 2,121.8 to 2,184.6 acres and the
number of dwelling units from 6,527 to 7,115 to reflect the annexation of the
"Land Swap" Parcel and the EastJake Trails replanning.
Change existing land use designation of 15 acres located at the northwest
corner of the Trails neighborhood from Retail Commercial to Low Medium
residential (3-6 du/ac).
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Meeting Date: lIrM/98
Change the land use designation of 13.8 acres located in the central part of
the SPA from Medium High (11-18 du/ac) to Low Medium (3-6 du/ac).
Relocate 12.4 acres designated for Public Quasi-public (PQ) from the center
to the northeast end of the SPA, adjacent to the proposed Salt Creek Park.
Relocate a 12 acre school site (PQ) from the center of the SPA to the
southeast corner of Hunte Parkway and Clubhouse Drive.
Other changes include: the reduction of Parks and Recreation land use
acreage from 296.2 to 282.2 (-14 ac); Future Urban from 72.9 to 7.7 acres (-
65.2 ac), the Trails neighborhood from 393.7 to 322.2 acres (-71.5) and
Eastlake Trails allowed number of permitted number of dwelling units from
1,260 to 1,143 (-117 du's). The overall Trails SPA density will remain about
the same (3.5 du/ac).
Remove the Future Urban designated land located along the eastern edge of
the Eastlake II GDP. This Future Urban area has already been incorporated
as part of Eastlake's next phase of development, Eastlake III (see Figure I).
The following table illustrates the Eastlake II General Development Plan statistical
changes:
Residential
LAND USE ADOP1ED PROPOSED ADOP1ED PROPOSED
CA1EGORY ACRES ACRES DU'S
Low
0-3 du's/ae 250.5 197.8 743 585
Low Med
3-6 du's/ae 381.0 451.2 t903 2t47
Medium
6-11 du's/ae 251.1 240,8 2023 2019
Med High
11-18 du's/ae 115.3 152.3 1608 2114
High
t8-27 du/ae t1.0 103 250 250
Sub-total 1008,9 1052.4 6527 7115
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Meeting Date: 11/24/98
Non.residential Statistieal Changes
LAND USE ADOP1ED PROPOSED DIFFERENCE
CA1EGORY ACRES ACRES IN ACRES
Relail Comm'l 51.9 36.9 -15 (-29%)
Freeway
Commercial 0 50,7 +50,7(+100%)
Prof! Admin
Comm'l 6.8 30,7 +23,9
(+351%)
Res. & LId Mfg. 135.9 127,8 -8,lac (-5.9%)
Open Space t87.6 230.6 +43 (23%)
Pub/Quasi-Pub 146,9 147,7 +0,8 (no cbng)
Parks and Rec 296,2 282,2 -t4 (-4.7%)
MajorCir, 214,7 217.9 +3,2 (+1.5%)
Fulure Urban 72,9 7.7 -65,2 (89%)
Sub-tola! 1112,9 1132.2 +193 (1.7%)
The following table illustrates the changes between the adopted and proposed
Eastlake II General Development Plan as it relates to the Trails Neighborhood:
Trails Residential Statistical
LAND USE ADOPTED ADOP1ED PROPOSED
CA1EGORY ACRES DU'S DU'S
Low
0-3 du's/ac 54,4 20,4 163 61
Low Med
3-6 du's/ac 107.5 t85,6 630 896
Medium
6-11 du's/ac 21.7 18,4 223 186
Med High
11-18 du's/ac 13.8 0 244 0
High
18-27 0 0 0 0
Sub-total 197,4 224,4 1,260 1143
Average Residenlial Density ~ Adopled 6,4 du's/ac Proposed 5.0 du's/ac. Cbange -1,4 du's/ac
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Meeting Date: llf24/98
Trails Non-residential Statistical
LAND USE ADOPTED
CATEGORY ACRES
Retail Comm'l 15,0
Open Space 25 25,7
Pub/Quasi-Pub 165 17.8
Parks and Rec 67,6 31.1
MajorCir. 30,7 t6
Fulure Urbau 63.4 7,7
Sub-total t95,7 98.3
Eastlake Greens Sectional Planning: Area (SPA) Amendment
The proposed changes to the Eastlake Greens Sectional Planning Area (SPA) plan
are primarily to reflect the incorporation of the "Land Swap" Parcels and other minor
modifications to bring the SPA up to date. The requested amendments are as
follows:
Incorporate the "Land Swap" Parcels into the Eastlake Greens Sectional
Planning Area (SPA) plan as:
a. Parcel R-9, Residential Planned Concept
b. Parcel FC-l, Freeway Commercial
c. Parcel PA-l, Professional and Administrative Commercial
Merge the easterly 58.1 acres of the Southern "Land Swap" Parcel with an
existing Eastlake Greens, Low Medium Density (3-6 du/ac) parcel targeted for
45 dwellings, and a 6.3 acre Future Urban parcel located within the Eastlake
Greens SPA, to produce a 65 acre parcel with capacity for 750 dwelling units
(12.9 du/ac).
Change the Eastlake Greens SPA total acreage from 853.2 to 994.9 and the
total number of permitted dwelling units from 2,738 to 3,443 to reflect the
annexation of the "Land Swap" Parcels.
Amend the text and statistics of the Eastlake II Planned Community District
Regulations, Design Guidelines, Public Facilities Financing Plan, Air Quality
Improvement Plan, Water Conservation Plan and other associated documents
to reflect the above SPA land use statistical changes.
The table below illustrates the statistical changes from the adopted to the proposed
Eastlake Greens SPA plan:
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Page 9, Item: J.L
Meeting Date: 11/24/98
Eastlake Greens SPA Statistical
I1EM ADOPTED PROPOSED
ACRES ACRES
Parcel R-9 8.5 65,0
Parcel OS-5 8.3 13,4 n/a n/a
Parcel FC-! 0.0 50.7 n/a nla
Parcel PA-! 0,0 24,7 n/a n/a
Major Cire 87.1 105.0 nfa n/a
Parcel FU 6.3 0,0 n/a nfa
4. Comprehensive Affordable Housing Program
The annexation of the "Land Swap" Parcels required an amendment to the Eastlake
Greens Affordable Housing Program and Agreement. However, instead of amending
the existing Eastlake Greens Affordable Housing Program and Agreement, the
Applicant opted to create a Comprehensive Affordable Housing Program for the
remaining buildable areas of the Eastlake Planned Community (Eastlake Woods,
Vistas, Trails and "Land Swap" Parcels). The remaining buildable area could house
a total of 3,640 dwelling units. Based on this maximum number of dwelling units, the
applicant is required to provide 364 affordable housing units (10% of the total), five
percent (182) Low and 5% (182) for Moderate income households. The construction
of affordable housing units is described in detail in the Implementation Section of
the proposed Eastlake Trails Comprehensive Affordable Housing Program (see
Attachment 5, tab 7).
The Moderate income housing requirement is typically satisfied with market rate
units and therefore no specific site is required. However, the low income housing
units, which can be rental or for sale units, need a specific site. The low income
housing units are proposed to be built in the Vistas (61 units), Woods (60 units), and
the "Land Swap" residential parcel (61 units). See Section II.6, Eastlake Trails
Comprehensive Affordable Housing Program, Attachment 6. The sites selected for
Low Income housing are illustrated in Figure 8 and are more specifically described
as follows:
Site 1. This site is located within the Vistas neighborhood, south of Olympic
Parkway in close proximity to the Olympic Training Center. The site
is designated Medium High Residential (11-18 du/ac).
Site 2. This site is located near the northwest quadrant of the intersection of
Otay Lakes Road and Hunte Parkway. The site is currently designated
Low Medium Residential (3-6 du/ac) and will require a future plan
amendment to redesignate the site to Medium High Residential (11-18
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Page 10, 'rem: ~
Meeting Date: l1Q4/98
du/ac).
Site 3. This site is located in the "Land Swap" area (Parcel R-9) which is
designated Medium High Residential (11.18 du/ac). The low income
units will be integrated into the overall development of Parcel R-9 with
the other market rate units.
In order to guarantee the provision of affordable housing, the City requires that an
affordable housing program and agreement be prepared and signed by the developer
prior to or concurrent with approval of the first Final Map. This requirement has
been incorporated in the SPA conditions of approval (see Attachment 2)
S, Community Purpose Facilities
The Chula Vista Municipal Code, Section 19.48.025, requires that all planned
communities in the PC Zone provide a minimum of 1.39 acres of community purpose
facilities designated land (CPF) per 1,000 population. The acreage is to be
designated and reselVed for CPF specific land uses, including Boy Scouts, Girl Scouts
and similar organizations; senior care and recreation facilities; religious institutions
and private schools as an accessory use to conditional permitted uses.
Youth recreational ball fields for non-profit organization could also be incorporated
as conditional permitted uses, provided CPF master plan is adopted to distribute
CPF sites throughout the GDP/ SPA area and ensure that the ball fields do not
constitute more than 25% of the total CPF acreage required within the designated
master plan area.
Since the 4.6 acre Community Purpose Facilities site in the Trails is proposed to be
developed with youth ball fields, a community master plan has been incorporated in
the Eastlake II GDP (see Section 1.11.3 in the Eastlake II GDP, Attachment 4 and
5) The Master Plan boundaries include the Eastlake Greens, Trails, Vistas, Woods
and "Land Swap" Parcels.
Based on the CPF Master Plan, the projected CPF acreage required for all
development, either approved or planned within the neighborhoods involved, is 25.5
acres. Four sites within these Neighborhoods have been targeted as CPF sites (See
Figure 9). The following table illustrates the total number of permitted units on each
neighborhood and the required CPF acreage.
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Page ", Item: Jl.-
Meeting Date: 11/24/98
Community Purpose Facilities Master Plan
Acres Required
SITE 1 SITE 2 SITE 3 & 4
Eastlake II Eastlake II Eastlake III Total
Greens SPA Trails SPA Adopted GDP
Dwelling Units 3443 1143 1767 6353
CPF ac/du 0.004003 0.004003 0.004003
Total CPF acres required 13.8 (54.1%) 4.6 (17.6%) 7.1 (28.3) 25.5
Based on the Table above, the proposed youth ball fields in the Trails neighborhood
do not utilize more than 25% of the total CPF acreage required. Therefore the CPF
Master Plan is consistent with the Chula Vista Municipal Code.
6. Water Conservation Plan
The Eastlake Trails Water Conservation plan, which discusses water consumption
and conservation measures during and after the construction of the project, states
that the projected average water demand for the Trails is 0.559 MGD (i.e. million
gallons per day) without water conservation measures and 0.279 MGD which is 50%
less consumption with the conservation measures outlined in the Plan (see Eastlake
Trails Water Conservation Plan in Attachment 6).
Conservation measures include the installation of water saving devices and
appliances, in addition to educational programs for home buyers and general public
awareness of the issue. It also recommends that public facilities, including schools
and parks, be encouraged to use reclaimed water. Compliance with the Water
Conservation measures is included in the SPA condition of approval.
The City Council will be considering additional water conservation measures in the
near future. However, since this report has been prepared prior to Council's
direction to review existing City policy regarding water conservation, a SPA condition
requiring the applicant to amend the Water Conservation Plan as necessary to
comply with said forthcoming Council policy has been included in the draft City
Council Resolution.
7. Air Quality
As discussed in the Trails Air Quality Improvement Plan, the most significant air
quality improvement measures are the policies and regulations established at the
broadest geographical level (State and Federal). However, measures implemented
on a city or project level, can have a positive effect in the quality of air. The Eastlake
Trails SPA plan addresses the Air Quality Improvement Plan recommendations as
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Meeting Date: l1fM/98
follows:
Pedestrian and Bicycle Paths. An extensive trail system is part of the project
design to encourage non-vehicular travel from residential areas to "activity
areas" (high school, community park, and commercial areas).
Jobs/Housing Balance, The broader master plan for Eastiake includes job
opportunities, recreation, education, retail and service commercial and public
facilities in the community to discourage vehicle trips outside of the
community.
Access to Regional Transportation. Transportation level of service standards
within the Trails project will allow free-flow travel which in turn reduces air
emissions from vehicles.
Transit Access, The Trails SPA plan incorporates transit stops on major
streets to permit transit service for public transportation.
Educational Programs. Residents of the Trails will be informed of the
services and alternative transportation options available.
Park and Ride Facilities. A park and ride facility is a requirement of the
Eastiake Village Center and will be constructed in the future to serve
Eastlake residents with carpools, vanpools, and transit vehicles.
These project level mitigation measures constitute a comprehensive air quality
improvement plan as required by the Growth Management Ordinance. The Air
Quality Improvement Plan, prepared by Jay Kniep Land Planning, is included as part
of the Eastiake Trails SPA Plan.
ANALYSIS
As noted Above, the Eastlake Trails replanning and the "Land Swap" Parcels annexation
are different in scope. Thus, the following paragraphs address each area separately:
A. Eastlake Trails
SPA Plan and Design
The Eastlake II General development Plan, originally adopted in the 1980's, has
been developed from north to south. Eastlake I and Eastlake Greens were the first
two phases, and now the proposed Eastlake Trails is the next and final development
phase (see Figure 5).
The Trails, which is basically an extension of the Greens, has been designed with
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Poge 13,lœm: J.L
Meeting Dare: I1f24/98
residential densities and recreational and educational amenities as envisioned in the
original General Development Plan. However, the proposed replanning program
introduces changes in the internal circulation system, overall land use composition
and urban design to meet current development trends and housing market demands.
Circulation
Under the adopted GDP, South Greensview and North Greensview Drives
continue through the Trails neighborhood. These two streets are joined at the
center of the SPA, creating a loop road around the Greens and Trails
neighborhoods. In this scenario, individual housing clusters are arranged along
the loop road with minimum vehicular connections to reduce vehicular
interruptions and allow continuous traffic flow (see Figure 1).
The new Trails SPA plan features three entrances to the neighborhood from
Hunte Parkway. Upon entering the neighborhood, the first intersection allows
vehicular traffic to disperse in three directions. There are additional access
points to further distribute traffic into the neighborhood. As a result, no local
street carries a significant amount of traffic (see Figure 7).
The Clubhouse Drive entrance is designed as a special parkway street
extending and enhancing the theme of the existing parkway west of Hunte
Parkway. The right-of-way and landscape easement is a minimum of 120 feet
and contains two 20-foot travel lanes separated by a 26-foot median. This
parkway is also a pedestrian, bicycle and visual corridor leading to the public
and private park. Other local streets are also designed to provide a view
corridor to the active and natural areas of the Salt Creek Community Park
and Open Space area.
The local streets, which connect through the neighborhood, also have a strong
orientation to the private Homeowner's Swim Complex near Salt Creek. A
total of six streets, including Clubhouse Drive, radiate from the recreation
center into the neighborhood, providing easy pedestrian and bicycle access to
and from these facilities.
The departure from the loop road concept results in a more cohesive
community where the different housing types and densities are blended into
a seamless urban pattern with pedestrian friendly, low traffic residential
streets (see Figure 7).
Parks
One of the major changes in the Trails replanning program is the relocation
of the community park from the center of the SPA to the northern end of the
Salt Creek open space corridor see (Figures 1 and 2). The proposed 25 acre,
linear shaped park is proposed to be bounded by single loaded streets in the
Trails and Vistas neighborhoods and designed for typical picnic and open
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Meeting Date: 11124198
field recreational facilities. In addition, the park will contain community trails
connecting Eastlake's recreational facilities and the City's Greenbelt trails
which is proposed to be located along the east side of the park connecting
the Greens Vistas and Woods neighborhoods.
To complement the recreational facilities in the park, the SPA plan also
features a private homeowners swim complex and fishing lake at the south
end of the park and private, youth recreational ball fields to the west of the
park's northern end. The new park location provides an attractive community
recreational amenity, that when added to the southerly adjacent open space
environmental preserve and home owners swim complex,! lake, produces a
unique community focal point and visual corridor.
Urban Design
The individual planning areas with different residential products are
interconnected by local streets, many of which extend through the
neighborhood providing multiple routes for pedestrians and vehicles, reducing
the traffic volume on individual streets. Where cul-de-sac streets are used,
it is generally to achieve a specific site design purpose such as an unloaded
entrance street or a pedestrian access point to a street leading to the park.
Residential units along the active portion of Salt Creek Community Park are
located on a single loaded street with units facing into the park. This
increases the security of the park and the visual integration of the park into
the residential neighborhood. The elementary school is located in the central
portion of the neighborhood adjacent to Hunte Parkway, allowing convenient
access for local residents and students who may live in the Greens (see Figure
7).
Two multi-family areas are located north and south of Clubhouse Drive
between the elementary school and the Homeowner's Swim Complex. This
location allows easy access to both areas via the pedestrianlbicycle trails along
Clubhouse Drive.
The above design features of the Trails represent a somewhat new planning
approach from other Eastlake neighborhoods and are intended to achieve
much of the same character of successful older neighborhoods in Chula Vista.
Land Use
Under the adopted Eastlake II GDP, the Trails residential densities are
predominantly Low Medium density (50%). Medium and Medium High
constitute about 37% and Low Density only 12% of the total number of
permitted dwelling units. The proposed land use composition also includes
ample acreage for public facilities. The proposed SPA plan proposes to
reduce the Low and the Medium Density category, and delete the Medium
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Meeting Dare: 11/24/98
High Density in order to increase the Low Medium from 50% to about 78%
of the total number of permitted dwelling units. The proposed land use
composition is intended to reflect the Greens neighborhood which provides
a wide range of single family detached and attached products, as well as
condominium sites in the Low Medium and Medium Density land use
designation.
Based on the cohesiveness and urban design qualities shown in the proposed
conceptual development plan prepared by the applicant (see Figure 7), staff
endorses the proposed reduction in Low and Medium Density Residential
category and the deletion of the Medium High Density. However, staff has
indicated to the applicant that the Low Density category (estate housing) in
the Eastlake III (Vistas and Woods) should be a major component of the
SPAs in order to provide an overall residential housing product balance in the
Eastlake planned community. The applicant has acknowledged Staff's position
with regard to Low Density designations in the Eastlake III GDP, and has
agreed to take advantage of the area overlooking the Otay Lakes to provide
Low Density product.
With regard to the deletion of the 15 acres of commercially designated land,
the applicant has indicated that neighborhood commercial in close proximity
to a larger commercial center and future commercial activities north of Otay
Lakes Road could be difficult to market. The applicant has also stated that
changing the commercial site to a residential designation will result in a more
cohesive urban plan for the Trails SPA. In staff's opinion, neighborhood
commercial centers in small enclaves of existing planned unit developments
are either empty or utilized for other than their original intent. Thus, not very
successful. For this reason, and because a full service commercial center is
located within a quarter mile from the Trails, staff endorse the applicant's
request to delete the Retail Commercial land use designation.
Schools
The Chula Vista Elementary School District has built two schools in EastLake
and a third elementary school will be built in the Trails starting in 1999. The
design contract with the architect has been approved by the school board.
The new school will be located near Hunte Parkway and Clubhouse Drive.
The Sweetwater Union High School District will house students at EastLake
High School which has available enrollment of 1,867 and a capacity of 2,460
(593 remaining capacity). Middle school students will be served from the new
Rancho del Rey Middle School scheduled to open (Phase 1) in the fall of
1998.
EastLake Trails is expected to generate a total of 343 elementary students,
115 middle school students and 217 high school students.
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Page 16,Item: ~
Meeting Date: l1tl4/98
Each school district provides school facilities by requiring new projects to
provide tax funding for new construction via a Mello-Roos Community
Facilities District. This financing method is superior to the normal school
fees which simply do not produce sufficient funding to build new schools in
a timely manner. EastLake has established Community Facilities District No.
1 for the elementary district and Community Facilities District No.1 for the
high school district to pay for new schools.
Public Facilities
The proposed EastIake Trails Public Facilities Financing Plan, which is included in
the Trails SPA as Section II.5, analyzes the impact of the Trails project and identifies
the required public facilities or fees to mitigate the impacts (based upon the
threshold standards in the Growth Management Ordinance). The finance section
addresses the costs of the facilities and the obligation of the developer to pay for the
mitigation (see Attachment 6). The following paragraphs summarize some of the
major public facilities. The Eastlake Trails PFFP describes in more detail the cost,
financing mechanisms and timing of infrastructure installation for each of the above
facilities.
The public facilities needed to serve the project will be paid for by the developer
through subdivision exactions, Development Impact Fees, or the formation of
Community Facilities Districts (Mello Roos).
B. "Land Swap" Parcels
SPA Plan and Design
Land Use
The amendment to the EastIake Greens SPA is limited to the introduction of
two new land uses, Freeway Commercial and Professional and Administrative
Commercial. Other statistical changes to reflect the added commercial and
residential acreage and number of dwelling units have been incorporated (see
Attachment 4). The Eastlake Greens Planned Community District
Regulations, Design Guidelines, Air Quality Improvement Plan and Water
Conservation Plan have been amended accordingly. However, because the
EastIake Greens Neighborhood is almost completed and the infrastructure to
serve this community is already in place, a supplemental PFFP has been
added to the adopted EastIake Greens Public Facilities Financing plan to
address the "Land Swap" parcels.
The Supplemental PFFP identifies the needed public facilities, their location,
timing and estimated cost for the Northern and Southern "Land Swap" Parcels
(see Attachment 4, Section 11.6).
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Meeting Dare: 11/24/98
The phasing of the "Land Swap" Parcels is undefined at this time. However,
while the Northern "Land Swap" parcel could be developed at any time,
primarily because most of the facilities and utilities are available along Otay
Lakes Road, the commercial portion of the Southern "Land Swap" parcel is
not expected to be developed until the SR-125 freeway is constructed, and
market forces create demand. Provided the Eastlake Parkway and associated
public facilities and utilities, as described in the Supplemental PFFP, are
provided as part of the project, the residential portion of the Southern "Land
Swap" Parcel could be developed before the construction of SR-125.
The timing of development of the Southern "Land Swap" Parcel is estimated
to be after 2005. However, all public facilities (roads, sewers, freeway, water
and drainage) are expected to be extended to this area in the next several
years.
School Facilities
The "Land Swap" Parcels are selVed by Chula Vista Elementary School
District and the Sweetwater Union High School District. The schools serving
the area include Olympicview Elementary, which has an enrollment of 721
with a capacity of 743; Rancho del Rey Middle School, which has an
enrollment of 289 and a capacity of 750; and Eastlake High School has an
enrollment of 1,867 with a capacity of 2,460 (593 remaining capacity). The
Rancho del Rey Middle School students are temporally housed at Eastlake
High School until the new middle school opens this fall (1998). The existing
school fees do not produce adequate revenues to build new schools, so both
school districts will use the Mello-Roos District to finance schools.
The student generation factors used by the school districts will yield 211
elementary students, 70 middle school students and 134 high school students.
Because the "Land Swap" Parcels are not projected to be developed before
the Year 2005, elementary school capacity will be re-evaluated at that time
to determine the available capacity within the community. The next
elementary school is scheduled to be built in the Eastlake Trails in 1999.
Park and Recreation Facilities
The park standard is 3 acres of neighborhood and community park with
facilities per 1,000 residents. Since the "Land Swap" Parcels will add a net
705 dwelling units to Eastlake Greens, the total park land requirement for the
Greens, as amended, is 29.1 acres. Eastlake Greens contains a number of
public and private park facilities which total approximately 37.4 acres. The
following table illustrates the public and private acreage distribution to meet
the above mentioned park land dedication requirements (see Section 7 in the
Eastlake Greens/ "Land Swap" Parcels PFFP, Attachment 5):
)cJ~)7
Page 18, /rem: ~
Meeting Date: 11/24/98
Eastlake Greens
Park Land
Parcel Park Type
P-1 Community Park 15.1 85.4 %
(public)
P-2 Private Park 3.2 50%
P-3 Neighborhood Park 11.8 85%
(public)
P-4 Private Park 3.7 50%
P-5 Private Park 3.0 50
Community Trails 1.1 100%
Total 37.9
Deficit/ Credit
Actual park land acreage figures will vary based on dwelling units built. The park
deficit shown in the table above will be absorbed by future SPAs.
Public Facilities
Public Facilities Financing Plan, The Supplemental EastLake Greens "Land
Swap" Parcels Public Facilities Finance Plan is a comprehensive program to
identify the public facilities needed for the proposed project and assign
specific requirements for the construction of facilities and/or payment of fees
and assessments to ensure the project will meet the City's Quality of Life
Threshold Standards. The Public Facilities Finance Plan contains the
summary analysis of all identified public facility/selVice needs necessary to
selVe the project. The costs for these public facilities is borne by the project
developer, future residents and business owners. This "pay as you go" growth
management philosophy has contributed to maintaining the overall quality of
life of existing residents while the Eastern Area continues to develop.
This supplemental Public Facilities Financing Plan covers the 141.7 acres
known as the "Land Swap" Parcels which were part of an exchange of land to
straighten up boundaries between EastLake and the Baldwin Company in
1992. The new parcels are adjacent to the EastLake Greens project and
therefore, are logical additions to the Greens PFFP.
The supplemental PFFP identifies the needed public facilities to selVe the
"Land Swap" Parcels and their location and estimated cost. The total
estimated cost of all public facilities needed to selVe the project is
);2.-- /1['
--- ,~""----
Page 19, lrem: .11....-
Meeting Dare: 11124198
$19,078,819. The public facilities included in this total cost are transportation,
water, recycled water, sewer, drainage, schools, parks, library, fire and EMS,
police, civic center and corporate yard.
The "Land Swap" Parcels include Parcel FC-l which consists of 50.7 acres of
Freeway Commercial; Parcel P A-I which consists of 24.7 acres of Professional
& Administrative; and Parcel R-9 which consists of 58.1 acres of Medium-
High Density Residential Multi-Family (maximum of 750 du's).
According to the fiscal impact analysis, there will be a positive fiscal benefit
to the City in year one of development ($13,300) and a positive fiscal benefit
at build-out with an annual positive of $94,300.
C. Low and Moderate Income Housing
With the adoption of the above mentioned Comprehensive Affordable Housing
Program, the project will comply with the General Plan Housing Element
requirement to provide 10 percent of the total number of dwelling units. Section 11.6
of the Trails SPA provides a detailed description of the Low and Moderate income
housing requirement, the proposed implementation phasing and potential financing
mechanisms.
D. Project Consistency with the General Plan
The General Plan designation for the "Land Swap" Parcels was established when the
Otay Ranch General Plan amendment was adopted by the City Council. There are
no land use changes proposed by the Eastlake II General Development Plan or the
Eastlake Greens SPA Plan to the adopted General Plan. All of the streets shown
on the Circulation Element are also consistent. The General Plan affordable housing
policy of 5% low income units and 5% moderated income units is satisfied by the
Eastlake Comprehensive Affordable Housing Program.
The Trails land uses propose a minor amendment to the General Plan Land Use
Diagram by eliminating the neighborhood commercial designation at the northeast
corner of Otay Lakes Road and Hunte Parkway due to the close proximity to the
Eastlake shopping center located at Otay Lakes Road and Eastlake Parkway.
E. Project Consistency with the Growth Management Ordinance
Standards adopted by City Policy require that the project be analyzed to determine
whether the approval of the project will have an adverse impact on the adopted
threshold standards. A review of the SEIR, PFFP and other supporting SPA
documents provide evidence that the project is consistent with the adopted threshold'
standards of the City. An analysis of thresholds in contained in the environmental
document SEIR- 97-04 (see Attachment 4).
);2~/J
Page 20, Ilml: .11....-
Meeting Dare: II f24/98
With the proposed construction of public facilities and the payment of facility fees,
the Trails and "Land Swap" Parcels are consistent with the Growth Management
Ordinance.
F. Implementation
Planned Community District Re!!ulations
The Eastlake II Planned Community District Regulations first adopted with the
Eastlake I Planned Community and subsequently amended to accommodate the
Greens, are proposed to be amended to address the land uses introduced by the
annexation of the "Land Swap" Parcels and Eastlake Trails. The PC District
Regulations provide standards and regulations to guide the development of both
projects. These regulations are applied in conjunction with the Design Guidelines
(see Planned Community District Regulation in the Trails and Greens SPA plans,
Attachment 5).
Desi!!n Guidelines
The Trails Design Guidelines are modeled after the Eastlake Greens design
guidelines. Additional criteria have been incorporated for the Salt Creek interface
with the residential areas and the design of Clubhouse Drive. Other design guidelines
have also been included to provide continuity in the previously adopted community
theme landscaping, fencing, signing, lighting, trails, neighborhood entries, street
furniture, scenic corridor design, etc. (see Section IIA in the Trails SPA, Attachment
5).
Residential design guidelines for both single family and multi-family neighborhoods
are provided, as well as landscaping standards for streets, slopes and open space.
CONCLUSION
For the reasons stated above, as well as the recommendations of special districts and other
governmental agencies, staff has concluded that the annexation of the "Land Swap" Parcels
and the Eastlake Replanning Program, described and evaluated in this report, reflects sound
planning principles and is consistent with adopted plans and ordinances of the City of Chula
Vista.
FISCAL IMPACT
The fiscal impact analysis for the "Land Swap" parcel which is contained in the EastLake
Greens "Land Swap" Parcels Supplemental Public Facilities Financing Plan concludes that
the project will have a positive fiscal impact of $13,300 in year one and $94,300 at buildout.
The Trails fiscal impact is estimated to be a positive of $6,800 in year one and $$41,000 at
buildout ( see Attachments 5 and 6). In addition, the applicant has paid for all cost
associated with the processing of this application.
/:2/020
Page 21, Irem: .1L....
Meeting Dare: 11/24/98
Attachments
1. Draft City Council Resolutions and Ordinance
2. Planning Commission Resolution and Minutes
3. Figures
4. Eastlake Greens SPA Binder
5. Eastlake Trails SPA Binder
6. Disclosure Statement
","OMÐJ'UNNINGILUISIPCM-97Q4.RI'f
)2-;2./
RESOLUTION NO. GPA 97-03/PCM-97-06/PCM-96-07
RESOLUTION OF THE CITY OF CHULA VISTA PLANNING COMMISSION
RECOMMENDING THAT THE CITY COUNCIL APPROVE A PROPOSAL TO
AMEND THE CHULA VISTA GENERAL PLAN, EASTLAKE II GENERAL
DEVELOPMENT PLAN, EASTLAKE GREENS SECTIONAL PLANNING
AREA (SPA) PLAN, EASTLAKE II PLANNED COMMUNITY DISTRICT
REGULATIONS, EASTLAKE GREENS PUBLIC FACILITIES FINANCING
PLAN, EASTLAKE GREENS AIR QUALITY IMPROVEMENT PLAN,
EASTLAKE GREENS WATER CONSERVATION PLAN AND EASTLAKE
GREENS DESIGN GUIDELINES; ADOPT A NEW SECTIONAL PLANNING
AREA (SPA) PLAN WITH DESIGN GUIDELINES, PUBLIC FACILITIES
FINANCING PLAN, AIR QUALITY IMPROVEMENT PLAN, WATER
CONSERVATION PLAN AND A COMPREHENSIVE AFFORDABLE
HOUSING PROGRAM FOR 322 ACRES LOCATED EAST OF HUNfE
PARKWAY BETWEEN OTAY LAKES ROAD AND OLYMPIC PARKWAY.
THE EASTLAKE COMPANY.
WHEREAS, duly verified applications were filed with the City of Chula Vista Planning
Department on March 12, 1997 by The Eastlake Company (Developer) requesting the following
approvals: 1) amendments to the City of Chula Vista General Plan, Eastlake II General
Development Plan (GDP) and Eastlake Greens Sectional Planning Area (SPA) plan, including
amendments to the Eastlake II Planned Community District Regulations, Eastlake Greens Design
Guidelines, Eastlake Greens Public Facilities Financing Plan, Eastlake Greens Air Quality
Improvement Plan, and Eastlake Greens Water Conservation Plan; 2) a new Sectional Planning Area
(SPA) plan with Planned Community District Regulations, Design Guidelines, Public Facilities
Financing Plan, Air Quality Improvement Plan and Water Conservation Plan and a Comprehensive
Affordable Housing Program for 322.2 acres known as the Eastlake Trails Neighborhood ("Project");
and,
WHEREAS, the areas of land which are the subject of this Resolution are as follows: a)
108.8 acres located north of Olympic Parkway between SR-125 and the existing Eastlake Greens
SPA boundaries (Southern "Land Swap" parcel); b) 24.7 acres located on the south side of Otay
Lakes Road west of the future SR-125 freeway alignment (Northern "Land Swap" Parcel); and 3)
322.2 acres located east of Hunte Parkway between Otay Lakes Road and Olympic Parkway
(Eastlake Trails); and,
WHEREAS, the proposed amendments to the General Plan include: a) changing the
Retail Commercial land use designation of 15 acres located at the northwest corner of the Trails
SPA area to Low Medium density residential (deleting all commercial designation from the Trails);
b) relocating a PQ site (school site) from the center to the west end of the SPA; c) relocating Park
designation from the center of the SPA to the north end of the Trails SPA, within the Salt Creek
open space corridor; and,
WHEREAS, the proposed amendments to the Eastlake II General Development plan
include: a) adding 50.7 acres of Freeway Commercial (southwest corner of GDP) and 24.7 acres of
a new Professional and Administrative Commercial land use designation to the Eastlake II GDP;
b) creating a new 65 acre, Medium High (MH) density residential parcel with capacity for 750
dwelling units by Merging a Low Medium Density Residential (8.5 ac) and Future Urban (6.3 ac)
parcels in the Greens with the eastern 58.1 acres of the Southern "Land Swap" Parcel; c) merging
);2 ---d,::L
the utility easement area in the Southern "Land Swap" parcel with the existing Eastlake Greens Open
Space parcel OS-I; d) adopting a new Community Purpose Facilities Master Plan to distribute the
required CPF acreage for the remaining developable areas in the Eastlake Planned Community
(Greens, "Land Swap" parcels, Trails, Woods and Vistas SPAs), and allow youth ball fields on a 4.6
acre Community Purpose Facilities (CPF) parcel in the Trails; e) increasing the Eastlake II GDP
acreage from 2121.8 to 2184.6 acres, and the number of dwelling units from 6,527 to 7,115 to reflect
the annexation of the "Land Swap" Parcel and the Eastlake Trails replanning; f) changing the existing
land use designation of 15 acres located at the northwest corner of the Trails neighborhood from
Retail Commercial to Low Medium residential (3-6 du/ac); g) changing the land use designation of
13.8 acres located in the central part of the SPA from Medium High (11-18 du/ac) to Low Medium
(3-6 du/ac); h) relocating 12.4 acres designated for Public Quasi-public (PQ) from the center to the
northeast end of the SPA, adjacent to the proposed Salt Creek Park; i) relocating a 12 acre school
site (PQ) from the center of the SPA to the southeast corner of Hunte Parkway and Clubhouse
Drive; j) Other changes include: the reduction of Parks and Recreation land use from 296.2 to 282.2;
Future Urban from 72.9 to 7.7 acres and the new Trails SPA plan overall acreage from 393.7 to
322.2 acres (-71.5), permitted number of dwelling units from 1260 to 1143 (-117 du's). The overall
Trails SPA density will remain about the same (3.5 du/ac); and,
WHEREAS, the proposed amendments to the Eastlake Greens Sectional Planning Area
(SPA) plan consist of: a) incorporating the "Land Swap" parcels into the Eastlake Greens Sectional
Planning Area (SPA) plan as Parcel R-9, Residential, FC-l, Freeway Commercial and PA-l,
Professional and Administrative Commercial; b) merging the easterly 58.1 acres of the Southern
"Land Swap" parcel with an existing Eastlake Greens, Low Medium density (3-6 du/ac) parcel
targeted for 45 dwelling units, and a 6.3 acre, Future Urban parcel located within the Eastlake
Greens SPA, to produce a 65 acre parcel with capacity for 750 dwelling units (12.9 du/ac); c)
changing the Eastlake Greens SPA total acreage from 853.2 to 994.9, and the total number of
permitted uses from 2,738 to 3,443 to reflect the annexation of the Land Swap parcels; d) amending
the text and statistics of the Eastlake II Planned Community District Regulations, Design Guidelines,
Public Facilities Financing Plan, Air Quality Improvement Plan, Water Conservation Plan and other
associated documents to reflect the above SPA land use statistical changes; and,
WHEREAS, the proposed Sectional Planning Area (SPA), which includes: Planned
Community District Regulations, Design Guidelines, Publio Facilities Financing Plan, Air Quality
Improvement Plan, Water Conservation Plan and Affordable Housing Program, contains Low
Density (0-3 du/ac), Low Medium (3-6 du/ac) and Medium (6-11 du/ac) density residential land use
districts, in addition to support land uses, such as: School, Community Purpose Facilities and Parks
and Open Space; and,
WHEREAS, a Subsequent Environmental Impact Report for this project (EIR-97-04) has
been previously certified by the Planning Commission of the City of Chula Vista; and,
WHEREAS, the Resource Conservation Commission, reviewed the Subsequent
Environmental Impact Report (EIR-97-04) for the project on August 17, 1998 and recommended
the certification of the EIR subject to recommendations; and,
WHEREAS, the Planning Commission having received certain evidence on November 11,
1998 as set forth in record of it proceedings herein by reference as is set forth in full, made certain
findings as set forth in their recommending Resolution No. GPA-97-01, PCM-97-04, PCM-97-16
herein and recommended to the City Council the approval of as is applioations based on certain
terms and conditions; and,
J;2~d)
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 publioation 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 11,
1998 at 7:00 p.m. in the Council Chambers, 276 Fourth Avenue, before the Planning Commission
and said hearing was thereafter closed.
NOW, THEREFORE, BE IT RESOLVED THAT THE PLANNING COMMISSION
DOES hereby recommend that the City Council adopt the attached Draft City Council Resolution
approving the Project in accordance with the findings and subject to the conditions contained
therein.
BE IT FURTHER RESOLVED that a copy of this resolution be transmitted to the City
Council.
BE IT FURTHER RESOLVED THAT THE PLANNING COMMISSION voted 4-0 to
recommend approval of the Project.
AYES: Davis, Ray, Willett and O'Neal
NOES: None
ABSENT: Tarantino, Aguilar and Thomas
ABSTAINED: None
Patty Davis
Chairperson
Diana Vargas, Secretary
(A\PCM-9706.PCR)
}:2 /"c21
ORDINANCE NO. J7¿3
AN ORDLJ'iANCE OF TIlE CITY COUNCIL OF TIlE CITY OF CHULA
VISTA APPROVING AMENDMENTS TO TIlE EASTLAKE II
(EASTLAKE I EXPANSION) PLANNED COMMUNITY DISTRICT
REGULA nONS.
1. RECITALS
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 a)
108.8 acres located north of Olympic Parkway between SR-125 and the
existing EastIake Greens SPA boundaries (Southern "Land Swap" parcel); b)
24.7 acres located on the south side of Otay Lakes Road west of the future
SR-125 freeway alignment (Northern "Land Swap" parcel); and 3) 322.2 acres
located east of Hunte Parkway between Otay Lakes Road and Olympic
Parkway ("Project Site"); and
B. Project; Application for Discretionary Approval
WHEREAS, on March 12, 1997, The EastIake Company ("Developer") filed
an application requesting amendments to the EastIake II (EastIake I
Expansion) Planned Co=unity District Regulations and Land Use District
Map and Land Use District designations of certain areas within the EastIake
Greens and Eastlake Trails neighborhoods, and areas outside the Eastlake
planned community known as the Northern and Southern "Land Swap"
parcels ("Project"); and,
C. Prior Discretionary Approvals
WHEREAS, the EastIake Greens have been in part the subject matter of a
Sectional Planning Area (SPA) Plan previously approved by City Council
Resolution No. 15199 ("EastIake Greens (SPA) plan") and Planned
Co=unity District Regulations previously approved by City Council
Ordinance No. 2317 (Eastlake II-EastIake I Expansion-Planned Community
District Regulations) on July 18, 1989.
D. Planning Co=ission Record on Applications
WHEREAS, the Planning Commission held an advertised public hearing on
said project on November 11, 1998, and voted to reco=end that the City
Council approve the Planned Co=unity District Regulations text and Land
Use Districts Map amendment in accordance with the findings listed below.
/:</}r- /
The proceedings and all evidence introduced before the Planning Commission
at their public hearing on this Project held on November 11, 1998, 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 24, 1998 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 24, 1998), the City Council of the City
of Chula Vista approved Resolution No. I C; ~ ?~ by which it imposed
amendments on the City General Plan, Eastlake II General Development
Plan, Eastlake Greens Sectional Planning Area SPA Plan, Eastlake Greens
Design Guidelines, Eastlake Greens Air Quality Improvement Plan, Eastlake
Greens Water Conservation Plan, and Eastlake Greens Public Facilities
Financing Plan; and adopted a Sectional Planning Area( SPA)plan, Design
Guidelines, Public Facilities Financing Plan, Air Quality Improvement Plan,
Water Conservation Plan and Comprehensive Affordable Housing Program
for the Eastlake Trails neighborhood.
II NOW, THEREFORE, the City of Chula Vista does hereby find, determine and
ordain as follows:
A. CERTIFICATION OF COMPLIANCE WITH CEQA
The City Council does hereby find that the Supplemental Environmental
Impact Report SEIR-97-04 has been prepared in accordance with
requirements of the California Environmental Quality Act, the State EIR
Guidelines and the Environmental Review Procedures of the City of Chula
Vista, and hereby certifies the SEIR 97-04.
B. INDEPENDENT JUDGEMENT OF CITY COUNCIL
The City Council does hereby find that in the exercise of their independent
review and judgement, the Supplemental Environmental Impact Report
(SEIR 97-04) in the form presented has been prepared in accordance with
requirements of the California Environmental Quality Act, the State EIR
Guidelines and the Environmental Review Procedures of the City of Chula
Vista and hereby adopt same. . ~
);2/} ~;L..
C. FINDINGS FOR P-C PLANNED COMMlJNITY ZONE AMENDMENTS
The City Council hereby finds that the proposed amendments to the Eastlake
II (Eastlake I Expansion) Planned Community District Regulations Land Use
Districts Map are consistent with the City of Chula Vista General Plan, and
public necessity, convenience, the general welfare and good zoning practice
support the amendments.
D. 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 B.
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
CA--~~
Robert A. Leiter John Kaheny
Director of Planning City Attorney
M'\bome"'lanning~u¡""an-9709.CCO
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C OTAY RANCH EASllAKE
\IILlASE 5 ~ Hl6H SCHOOL
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LEGEND
* CHULA VISTA COMMUNI1YPARK If"//Â PROJECT AREA
D EASllAKE COMMBlCIAL CENTER - . - ADOPTED EASTLAKE II GOP BOUNDARIES
CHULA VISTA PLANNING DEPARTMENT
Lë) ~~~: The Eastlake Company EXHIBIT A
..
PROJECT
ADDRESS: - -
SCALE: I ALE NUMBER: Related caseS:rA-97-01, PCM-97-D4, PCM-97-16
NORTH No Scale ;:21 ~
h:lhomelplanninglcarlos\locatorslgpa9701.cdr 10/19/98
EastLake II
Planned Community District Regulations
Adopted for the
EastLake I, EastLake Greens, and EastLake Trails SPA Plans
PROPOSED AMENDMENT
Draft dated: 3/10/98
Revised July 6, 1998
Revised August 1, 1998
Revised August 30, 1998
Final Draft: October 1, 1998
Text Added: Underline
Text Deleted: StIik<.önt ~:.
Project Sponsor:
The EastLake Company
900 Lane Avenue, Suite 100
Chula Vista, CA 91914
Contact Person: Bruce Sloan
(619) 421-0127
Prepared by,
Cinti Land Planning
2932 Poinsettia Drive
San Diego, CA 92106-1128
Contact Person: Gary Cinti
.~ (619) 223-7408 - -
J;¿/?~ç EXHIBIT B
TABLE OF CONTENTS
~
:rN'I'RODUCT:rON iv
SECT:rON :r GENERAL PROVIS:rONS
1.0 Purpose and Scope................................ I-I
I.I Private Agreements............................... I-I
1.2 Repeal of Conflicting Ordinances... ........ """ I-I
I. 3 Establishment of Land Use Districts.......... .... I-I
1.4 Clarification of Ambiguity....................... 1-3
1.5 Effects of Regulations........................... 1-3
1.6 Enforcement...................................... 1-3
1.7 Definitions...................................... I-3
SECT:rON II RES:rDENT:rAL D:rSTRICTS
II. 0 Purpose..................................,....... 11-1
ILl Land Use District Grouping....... ........"...... 11-1
II. 2 Permitted Uses..,......,..................,...... II-I
II. 3 Property Development Standards: Residential
Dis':ricts.....,.......,..................,....... II-3
II. 4 Performance Standards: Residential Distric':s.... II-7
II. 5 Accessory Structures: Residential Districts...... II-9
II.6 Walls and Fences: Residential Districts......... II-9
II. 7 Signs, Residential Districts... . . . . . . . . . . . . . . . . . II-IO
SECTION III VILLAGE CENTER & COMMERCIAL DISTRICTS
III. 0 Purpose......................................... III-I
III.I Permitted Uses, Villaae Cente~ Districts........ III-I
. - -
III. 2 Property Development Standards: Village Center
Districts..................................,.... III-5
)cJ/j--- Þ Chapter II - Section II.3
IO/Ol/98 i EastLake II SPA Plans
Paop
::1. 3 Performance Standards: Village Center Districts III-S
-7I, 4 Pp:::mitted Uses: Commprcial Districts III-7
:..u.....5. P-oDertv DeveloDmpnt Standards, Commørcial
Districts. , l.il:.lQ
ITT' 6 Pprformance Standards: Commør~ial Distri~'s ,~
SECTION IV BUSINESS CENTER DISTRICTS
IV. 0 Purpose..................................,....... IV-l
:V.l Permitted and Conditional Uses: Business Center
Districts........................................ IV-2
:V.2 Property Development Standards: Business Center
Districts........................................ IV-6
:V.3 Performance Standards: Business Center Districts IV-7
SECTION V SPECIAL PURPOSE DISTRICTS
',' - 0 Purpose.....................,............,...,.. V-l
'. -" Permitted and Conditional Uses: Open Space
Districts,..................."...........,..,.,. V-l
':.2 Permitted and Conditional Uses: Quasi-Public,
Future Urban and Communi tv Pureose Facilitv
Districts........................................ V-2
V.3 Additional Community PurDose Facilitv District
Reaulations...................................... V-3
V . 3-.1. Property Development Standards: Special Purpose
Districts...............................,........ V-3
': ,';'.2, Signs: Special Purpose Districts...........,.... V-3
SECTION VI SPECIAL USES AND CONDITIONS
"'",O Temporary Uses................................... VI-l
. - -
\-I.l Home Occupations..........................,...... VI-3
J;2/} ~ 7 .. Chapter II - Section 11.3
10/01/98 11 EastLake II SPA Plans
VI.2 Recreational Courts.....................,........ VI-4
~
VI.3 Kennels - Commercial and Non-Commercial.......... VI-S
VI.4 Arcades..................................,....... VI-S
SECTION V7.I COMPREHENSIVE SIGN REGULATIONS
VII.O Purpose..........................................VII-I
VII.I Permit Requirement and Review............. """ . VII-I
VII.2 Sign Regulations.................................VII-7
VII.3 Sign Design Standards...........................l'II-IO
SECTION VIII OFF-STREET PARKING
VIII. 0 Purpose.........................................VIII-I
VIII. I General Provisions................. ,..... ...... . VIII-I
VI II . 2 Schedule of Off-Street Parking Requirements.... .VIII-2
VIII. 3 Property Development Standards: Off-Street
Parking.........................................VIII-7
vrII,4 Performance Standards: Off-Street Parking...... VIII-9
SECTION IX ADMINISTRATION
IX. 0 Purpose......................................... IX-I
IX.I Standard Procedures.... ...... .... """"""'" IX-I
IX.2 Administrative Review........................... IX-I
IX.3 Site Plan and Architectural Approval..... ....... IX-I
IX.4 Other Provisions...........,.................... IX-2
EXHIBITS
Exhibit 1 LAND USE DISTRICTS (Adopted) vi
- - -
Exhibit 1a LAND USE DISTRICTS (Proposed) vii
);</9 ~ Y iii Chapter II - Section 11.3
20/0I/98 EastLake II SPA Plans
INTRODUCTION
Tnese Planned Community (PC) District Regulations are adopted pursuant to Title
IS, Zoning, of the Chula Vista Municipal Code and are intended to implement and
in~egrate the Chula Vista General Plan, the General Development Plan, and the
Se::tional Planning Area Plans (SPAs) for EastLake I, Salt C~eek I EastLake
Greens and EastLake Trails. (Refer to Exhibi t 2 in ChaDter I Section I 1) These
regulations set forth the development and use standards for all property within
EastLake I~ General DeveloDment Plan Area rl"""eà Cemm,.,Üt} Distriet by
establishing,
setbacks;
building heights;
parking requirements;
landscape requirements;
use restrictions;
animal regulations;
density of development;
lot size, width and depth;
fencing requirements; and,
signing regulations.
The PC District Regulations, along with the various SPA Plans, delineate
precisely the allowable use of the property.
The PC Distri::t Regulations are organized into four basic land use districts:
Residential;
Village Center and Commercial;
Business Center; and,
Special Purpose.
:Ja_:- sf tfl__- :5"- ..asie àist_':'ets is t,,- the! ¡". she... àe.,., ints sf'_eitie la!i¡j, "se
è.~Bt- 'et".
Rcsiè.e!itial La!ià Use Distriets
.. Resiàe5t':'a1 Estate : Bist"iet
:1.: : Resiàe..tia1 Ði!i!!,le ram':':} 5 EisLiet
:1.: - Resiè.e!itia1 Ði!i!!,le rami1} 7 Bist"iet
R:: 8 Resiàential Planneè. Gs!ieef't 8 Dist"ieE
R:: -: Resiàentia1 P1anneè. Ce"eef't 13 Dist. jet
RC :8 Resiàe"tia1 Ce"àemi"i"m 18 BisLieE
RC -: Rssiàa"Eia1 Ge"àsmi"i"m 15 BisE.iet
:1.C:: Resiàe"E':'al Gs"àßminitim 22 DisEliet
æ: :: Resiàelltia1 rId ti ram':'l} 25 BisLiet
,-'~ - ,
æ: :: Resiàe"tia1 11,,1 ti ram':'l} 11 DisLiet
/)/} r / Chapter II - Section II.3
10/01/98 iv EastLake II SPA Plans
"~lla"e CC1'!=Ot La"" U3e Di3=: i~ts
.:: : Yilla!'!e Ce"t~r Cs,"",er sial Bis!:ri_t
- - Yilla!'!e Ce"te" Offie- D~stri"t
. - - Yilla!,!- Co."t!:! S"I'pert Dietriet
!J~SiROSS Ct"tO! 'a." Use D~"=_~~t
-- - 3tisin"ss OeRteL 11aRtifaettiri,,!,! Fa_). BisErieE
3: : 3"si,,_ss Ce"Eer 11a"tifaettiri,,!,! Se- .~ee Dist!~et
Ce_cial Pti!eest La"" Use Bis=oi=ts
0: : Ope" Spaee 1 BisEl iet
D: : (¡pen Spaee 2 BisEriet
c: : 8þe" Spaee 3 Bistri"t
c: : Open Spaee ! BisEriet
DC C :Jpc" Spaee E BisL i"t
c: : Ope" Spaee ¡; B~sLiet
CC 7 Open 51'aee ~ Bistri"t
- ~ - Otiasi P""lie raeil~tiee DisE..iet
=- : rtitti- c ¡Laa" Bist! itt
~ .
/ c2/'J '-/0 Chapter II - Section II. 3
10/01/98 V EastLake II SPA Plans
r:--r'~--~ Land Use
\"~I ~ jl~ 0' t '
--, ~~~?II ~::-.........::=::.:: IS ncts
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RE-3 ReS1Clen"al Estate-3 District '-."'. 'II I '--If /~ "',,-01 I I ~~ ~--- XC.3 -::::::
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BUSINESS CENTER "~', r ~C-10...;r c..."
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BC-2 Business Center - Manufactunng ServlceDlStnct I'V ~~-
-- - ---
----
SPECIAL PURPOSE --
05-1 Open Space - 1 District
05-2 Doen Space - 2 District
.05-3 Open Space - 3 Distr1ct
OS'" Open Space -. District
05.5 Open Space - 5 District
05-6 Open Space - 6 DistncI
05-7 Open Space - 7 District
F-1 Future Urt¡an District
rGH¡ G"e.' Hmos" / "od /I.. Oi.'rio, Overley
IRe'"' to ~.o'ion " 1 n In PC Oi., Rea.
- ,
.~ E4STlAKE CJOntf
.~
A f'tAIoNED ~ BY EASTtAxE ~ co. Jc2/J ~// 1120/98 ¡-'CI...:¡:¡;¡~
vi ExhihitJ_-
,~I ) II ~ land Use Districts
\!'~ I RS-S ..Jt
,-" ;¿~'d~lh Proposed
, -~r-~s-J'-...'-~< RC-22I
~-----.." ---.. 05-1 \ RE-3 'i..', '~ '"
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~ - / >-.---- RS-S //J RP-13 '\~
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Residential Small Lot ~ ~ \\ RM'2S"~~, í Y "
Residential Condominium ~-- 'L /"'J.---
Residential Planned Concept --..::::.--~~---
Residential Condominium
Residential Condominium
Residential Multi-Family
Residential Multi-Family
VILLAGE CENTER & COMMERCIAL
1 Village Center
Village Center
Village Center
F_y Commercial
PA Professional & Administrative
BUSINESS CENTER
ffijBusiness Center - Manufacturing Par1< District
BG-2 Business Center - Manufacturing Service District
Exhibit 1 a
'~ ~intim
.4ii E"ASTLA KE II JcJ. /1---/ c2 ~~¡5~
~.¡;jitD-3"98
A planned community by The Eastlake Co.
SECTION I: GENERAL PROVISIONS
I. C Purpose and Scope
Fo~ the purpose of promoting and protecting the public health, safety and welfare
of the people of the City of Chula Vista, to safeguard and enhance the appearance
and quality of development of EastLake II, and to provide the social, physical
and economic advantages resulting from comprehensive and orderly planned use of
land resources, these Planned Community District Regulations defining land use
districts and regulations within those districts are hereby established and
adopted by the City Council.
L1 Private Agreements
The provisions of this ordinance are not intended to abrogate any easements,
covenants, o~ other existing agreements which are more restrictive than the
provisions of this ordinance.
:t.2 Repeal of Conflicting Ordinances
Whenever the provisions of this ordinance impose more restrictive regulations
upon construction or use of buildings or structures, or the use of lands or
premises than are imposed or required by other ordinances previously adopted, the
provisions of this ordinance or rules or regulations promulgated hereunder shall
govern.
L3 Establishment of Land Use Districts
A. Division of EastLakø II into Land Usø Districts
In orde~ to classify, regulate, restrict and separate the use of land,
buildings and structures, and to regulate and limit the type, height and
bulk of buildings and structures in the various districts, and to regulate
the areas of yards and other open area abutting and between buildings and
structu~es, and to regulate the density of population, EastLake II mæ is
hereby divided into the following Land Use Districts:
Residential Land Usø Districts
RE-3 Residential Estate : Dist. iet
RS-S Residential Single Family ~ BisLiet
RS-7 Residential Single Family 7 Dist. ie:t
RP-8 Residential Planned Development 8 DisEriet
RP-13 Residential Planned Development 13 Bist.iet
~ Residential Planned DeveloDment
RC-10 Residential Conùominium 18 Bis!:. et
RC-1S Residential Condominium 15 Bist~':'eE - ,
~
RC-22 Residential Condominium 22 BisE.iet
P.M-2S Residential Multi-Family 25 Bist-iet
RM-44 Residential Multi-Family 11 DiaL':'et
10/01/98 I-1 /02.~ r-J?
Villa"~ ~þ"ter and CommÞrcial Land UsÞ Distri~ts
VC-I Village Center ¡¡est EJist-iet
VC-2 Village Center East EJist_iet
VC-3 Village Center Ðs~th Bis~.iet
E: Freewav Commercial
l?A Professional and Administrative
BusinÞss Center Land Use Districts
BC-1 Business Center Manufacturing Park Dist,iet
BC-2 Business Center Manufacturing Service B~st<~c~
SDecia 1 Pumose Land Use Districts
OS-1 Open Space 1 Bishiet
05-2 Open Space 2 Bist"iet
05-3 Open Space 3 BisE"iet
OS-4 Open Space 1 Bishiet
05-5 Open Space 5 Bistfiet
05-6 Open Space 6 BisLiet
05-7 Open Space 7 Dist.ist
PQ-1 Quasi-Public Facilities Dist<i"t
FU Future Urban Dist,iet
~ Communitv Pumose Facilities
B. AdoDtio~ of Land Use Districts - MaDS
Said several Land Use Districts and boundaries of said Dis~ricts and each
of them hereby are established and adopted as shown, delineated and desig-
nated on the EastLake I~ Planned Communitv District Recrulations Land Use
Distric=s Map of the City of Chula Vista, San Diego County, which map,
together with all notations, references, data, district boundaries and
other i::formation thereon, is made a part hereof and adopted concurrently
herewi=h.
C. Filino
The original of the EastLake I~ G:fieial Planned Communi tv District
Recrula-ions Land Use District Map shall be kept on file with the City
Clerk and shall constitute the original record. A copy of said Map shall
also be filed with the Planning Department.
D. Chancres =0 the Land Use District MaD
Changes to the boundaries of the land use districts shall be made by
ordinance and shall be reflected on the EastLake II O::~eial ~
Communi tv District Recrulations Land Use District Map. Minor changes
resulting from the approval of a tract map may be made to the land use
distric~ map as an administrative matter.
- c
).:¿~ -/f Chapter II - Section 11.3
10/01/98 1-2 EastLake II SPA Plans
!.4 Clarification of Ambiguity
:f ambiguity arises concerning the appropriate classification of a particular use
wi~hin the meaning and intent of this ordinance, or if ambiguity exists with
respect to matters of height, yard requirements, area requirements or land use
district bou!ldaries as set forth herein, it shall be the duty of the Director of
Planning to ascertain all pertinent facts and forward said findings and
recommendations to the Planning Commission, or on appeal, to the City Council and
if approved by the Commission or, on appeal, by the City Council. Thereafter,
the established interpretation shall govern.
Should any provision of these regulations conflict with those of the Municipal
Code, the requirements herein shall apply,
I.5 Effects of Regulations
The provisions of this ordinance governing the use of land, buildings, and
st:ructures, the size of yards abutting buildings and structures, the height and
bulk of buildings, the density of population, the number of dwelling units per
ac"e, standa"ds of performance and other provisions hereby are declared to be in
effect upon all land included with the boundaries of each and every land use
dist"ict established by this ordinance.
J:.6 Enforcement
A. Enforcement bv Citv Officials
The City Council, the City Attorney, the City Manager, the Director of
Public Safety, the Building Official, the Director of Planning, the Ci ty
Clerk and all officials charged with issuance of licenses or permits,
shall enforce the provisions of this ordinance. Any permit, certificate
or license issued in conflict with the provisions of this o"dinance shall
be void.
B. Actions Døemed a Nuisance
Any building or structure erected hereafter, or any use of property con-
trary to the provisions of a duly approved Design Review, Site Plan,
Variance, Conditional Use Permit or Administrative Permit and/or this
ordinance shall be and the same hereby is declared to be unlawful and a
public nuisance per se and subject to abatement in accordance with local
ordinance.
C. Remedies
All remedies concerning this ordinance shall be cumulative and not exclu-
sive. The conviction and punishment of any person hereunder shall not
relieve such persons from the responsibility of correcting prohibited
conditions or removing prohibited buildings, structures, signs or improve-
~ ments, and shall not prevent the enforced correction or removal theraof>-
/c2~ -- // Chapter II - Section II.3
10/01/98 I-3 EastLake II SPA Plans
D. penah' øs
Any pe:-son, partnership, organization, firm or co~poration, whether as
principal, agent, employee or otherwise, violating any provision of this
ordinance or violating or failing to comply with any order or regulation
made he:-eunder, shall be guilty of an infraction and, upon conviction
thereof, shall be punishable as provided by local ordinance.
:L7 Definitions
Fe:- the purpose of this Ordinance, certain words, phrases and terms used herein
shall have the meaning assigned to them by Title IS of the City of Chula Vista
Municipal Code.
Wnen not inconsistent with the context, words used in the present tense include
the future; words in the singular number include the plural; and, those in the
plural numbe:- include the singular. The word "shall" is mandatory; the word
"may" is permissive.
Any aspect of land use regulation within EastLake IX General Døvelonment Plan
A:-"'a not cov",red by these district regulations or subsequent plan approvals,
shall be regulated by the applicable section of the Chula Vista Municipal Code
(CVMC) .
",-.
/;2/3 "/ Ä Chapter II - Section II.3
10/01/S8 I-4 EastLake II SPA Plans
SECTION II, RESIDENTIAL DISTRICTS
II.O Purpose
In addition to the objectives outlined in Section 1. 0 (Purpose and Scope), the
Residential Districts are included in the Planned Community District Regulations
to achieve the following purposes:
To reserve appropriately located areas for family living at a broad range
of dwelling unit densities consistent with the General Plan and with sound
standards of public health, safety and welfare;
To ensure adequate light, air, privacy and open space for each dwelling;
To minimize traffic congestion and avoid the overloading of public
services and utilities by preventing construction of buildings of
excessive bulk or number in relation to the land area around them;
To pro::ect residential properties from noise, illumination, unsightliness,
odors, smoke and other objectionable influences; and,
To facilitate the provision of utility services and other public
facilities commensurate with anticipated population, dwelling unit
densities and service requirements.
ILl Land Use District Grouping
To =acilitate the establishment of permitted use and development standards which
are applicable to more than one land use district, land use groups are herein
established. The following land use groups are established and shall be
iàentified by the designation indicated below:
Land Use Land Use District
GrouD Døsicrnation Included in GrOUD
RE RE-3
RS RS-5 and RS-7
RP RP-8, RP-13 and RP-SL
RC RC-lO, RC-15 and RC-22
RM RM-25 and RM-44
II_2 Pe=itted Uses
The following uses shall be permitted where the symbol "P" appears and shall be
permitted subject to a Conditional Use Permit where the symbol "C" appears. Uses
where the symbol "An appears shall be permitted subject to an Administrative
Re,-iew. Uses where the svrnbol "N" annear shall not be nermitted. Uses where the
s""";,,ol "a" anDøars are only Dermitted as an accessory use to a basic Dermitted
'-. use. - ,
J :¿.?J /j?
10/01/98 II-I
~and Use ~and Use G:-OUD
IU; P.S. R£ ill: PJ:
¡", Residøntial Uses
1. Single family dwellings p p p p P
2. Duplex dwellings N N P P P
3. Guest dwellings or accessory living
quarters ¡" N N N N
4. Mobile homes on individual lots
which are certified under the
National Mobile home Construction and
Safety Standards Act of 1974 p P P P P
5. Group residential, including but not
limited to, boarding or rooming homes,
dormitories, and retirement homes N N C A A
6. Multiple dwellings N N A P P
7. Townhouse dwellings N N P P P
B. Acrri cu' 'ural Uses
1. ].-11 types of horticulture P P P P P
2. Agricultural crops A A A A A
3. A::imal raising or grazing A N N N N
4. Keeping of three (3) dogs and/or three
(3) cats (over the age of four months) P P P P P
C. Public and Quasi-public Uses
1. Day nurseries, day care schools and
nursery schools Ie 51 12 efi~là_5n). C C C C C
(Children under 12sub;ect to City
Standards)
2. Convalescent homes C C C C C
3. Churches, convents, monasteries and
other religious places of worship
I subj ect to requirements of Section
19.58.110 CVMC) C C C C C
"-
/c2~/ l¿r Chapter II - Section II.3
10/01/98 II-2 EastLake II SPA Plans
:"~::d USP Land Usp f',rouD
Rt; RS. EE E.Ç R!::1
4. Essential public services including but
not limited to: schools, libraries,
museums, parks, public works facilities
and other civic uses C C C C C
5. Public utility and public service
substations, reservoirs, pumping plants
and similar installations C C C C C
6. Recreational facilities including but
not limited to: country clubs, tennis
and swim clubs, golf courses, racquetball
and handball. (Sites for such facilities
which are 2 acres or less in size shall be
subject to Ad~inistrative Review only.) C C C C C
7. Recreational courts, including but not
limited to: tennis, basketball, and
similar uses A A A A A
D. Home O~cuDations
l. Home occupations subject to the pro-
visions of Section VI.l A A A A A
E. Accessorv Uses
l. Accessory structures and uses located
on the same site as a permitted use A A A A A
~. Accessory structures and uses located
on the same site as a conditional use A A A A A
.. TemDorarv Uses
l. Temporary uses as prescribed in
Section VI.O A A A A A
II. 3 Property Development Standards, Residential Districts
A. The following Property Development Standards shall apply to all land and
buildings, other than accessory buildings, permitted in their respective
residential land use districts. The use of the symbol "SP" indicates that
the standard is established by the approval of a Site PlaniTentative Tract
~. Dimensions and standards are minimums. Minor variations may be
permitted subject to site plan or tract map approval providing that the
minimums specified herein are maintained as average minimums. Lot widths
'~ and depths are herein maintained as average minimums. Lot widths_aad
depths are typical minimums but may vary slightly with irregularly shaped
lots and site specific conditions. The parking standards for a planned
/;2&---/1 Chapter II - Section 11.3
loiol/98 II-3 EastLake II SPA Plans
Senior Citizen or "affordable" residential development may be reduced from
those specified herein for the district in which it is located by the
Director of Planning.
B. Laroe Dav Care
The City of Chula Vista has established specific requirements for
operating a large day care facility, including:
1. A large day care facility shall not be within 1,200 feet of another
such facility on the same street as measured from the exterior
boundaries of the property.
2. An area shall be provided for the temporary parking of at least two
vehicles for the safe loading and unloading of children. In most
cases, the driveway in front of a two-car garage will satisfy this
requirement.
3. A usable rear yard play area of 1,200 sq. ft. shall be provided.
Outdoor play activity shall not be allowed in the front or exterior
side yard of the home.
4. Play areas shall be designed and located to reduce the impact of
noise on surrounding properties. The Zoning Administrator may
impose reasonable requirements to alleviate noise, including but not
limited to installation of a six-foot high block wall around the
perimeter of the rear yard.
'c... - -
/-!~ / M Chapter II - Section 11.3
10/01/98 II-4 EastLake II SPA Plans
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/.2/9 ';) / Chapter II - Section II.3
20/01/98 II-S EastLake II SPA Plans
_. Grou~ Parkina Standards for RC anã p~ Land Usø GrOUDS
The parking requirements include 0.5 spaces for guest parking. This
requirement may be reduced to 0.3 space per unit by the Zoning Administra-
tor which would result in a reduction of the standards set forth in the
table. If more than one space per dwelling unit is assigned to the
dwelling unit, then the required guest parking spaces shall be marked and
clearly identified as guest parking. The guest parking spaces shall not
be permitted to be assigned to individual dwelling units.
D. SDecial Reauirements
J.. ?ront yard setbacks shall be measured from the right-of-way of the
fronting street. The front yard setback may be reduced, subject to
site plan approval, within the RP, RC and RM districts. If the
front yard setback is reduced to less than twenty (20) feet, and the
dwelling unit is located on a street, cul-de-sac, or court contain-
ing more than twelve (12) dwelling units, then the garage shall be
equipped with an automatic garage door opener.
2. The allowable building area for each lot shall be as permitted in
the table below. The maximum building area for single family
d"tached and attached products shall be the square footage listed or
that permitted by the percentage of lot area, whichever is greater.
Homeowner additions shall be allowed only where consistent with
these standards. A 300 square foot open patio (covered but open on
three sides) shall be permitted on each residential lot and shall be
"xempt from inclusion in this calculation.
_. Detachøå Structure Overlav Standards
J.. The Detached Structure Overlay Standards shall only apply to those
areas depicted on the Land Use Districts map as "Detached Structure
Overlay'.
2. Uses Permitted: A Guest House as defined in Section 10.04.106 CVMC,
"xcept as further defined as follows: A "Guest house means detached
living quarters of a permanent type of construt;tion, without kitchen
or cooking facilities and intended for use by occasional guests and
occupants of the main building. Use by occasional guests shall not
exceed 90 days for anyone guest over a one year period. A guest
house shall not be separately rented, let, or leased, whether
compensation is direct or indirect.
3. Site Development Standards: Shall be as indicated for the base
residential land use district, except that the front setback may be
reduced to 15 feet if approved by the Director of Planning.
-~
J..2/9 ~02 ~ Chapter II - Section 11.3
10/01/98 H-6 EastLake II SPA Plans
Permitted Building Area
District Sauarp Foocacp Lot Area pp~cpntace (FAR)
E.L.i RS-S 4,500 50%
RS-7 3,900 50%
~ RP-B 2,900 55%
RP-13 ~ 2....2QQ 55%
All residential development north of ~_:e!Jra~h :a,'j 6"Otav Lakps
Road, within the EastLake I SP)'., shall be exempt from this maximum
building area standard. RP-13 Darcels in the Greens SPA are limited
to 2 000 sauarp feet,
II. 4 Performance Standards: Residential Districts
In all Reside:1tial Districts, the following performance standards shall be met:
¡Coo Air conditioners, antennas, ham radio antennas, solar panels, heating,
cooling, ventilating equipment and all other mechanical, lighting or
electrical devices shall be so operated and located so that they do not
disturb the peace, quiet and comfort of neighboring residents and shall be
screened, shielded and/or sound buffered from surrounding properties and
streets. All equipment shall be installed and operated in accordance with
all other applicable ordinances. Heights of said equipment shall not
exceed the required height of the zone in which they are located.
Private, individual satellite dish antennas crpater than th~ee (3) feet in
diametpr are ~r6h':'h':'t"à subiect to a Conditiona' Use Permit. Community or
association operated satellite dish antennas may be allowed subject to a
Condi tional Use Permit.
B. Required front and exterior side yards shall be landscaped and shall con-
sist predominantly of trees, plant materials, ground cover and decorative
rocks, except for necessary walks, drives and fences. All required land-
scaping shall be permanently maintained in a healthy and thriving condi-
tion, free from weeds, trash and debris. Landscaping requirement may be
met by either installation by the builder or developer, or for single
family development, requirements through CC&R's that individual homeowners
install their front yard landscaping within one year of occupancy, or
sooner if required by CC&R's.
C. All utility connections shall be designed to coordinate with the archi-
tectural elements of the site so as not to be exposed except where
required by utility provider. Pad-mounted transformers and/or meter box
locations shall be included in the site plan with any appropriate screen-
ing treatment. Power lines and cables shall be installed underground.
D. The acceptable outdoor noise exposure level, measured at the property
line, for each residential district is provided in the table below. (See
'c... ~ Chapter 19.66 CVMC for definitions and additional details). --
/d./7 r~;J Chapter II - Section II.3
10/01/98 II-7 EastLake II SPA Plans
Exterior Noise Limits'
Receiv;no Land Usp District 7 a m - 10 D m 10 D m. - 7 am
RE, RS, RP 55 dbA 45 dbA
RC, RM 60 dbA 50 dbA
'Environmental Noise - 1., in any hour
*Nuisan:::e Noise - not to be exceeded at any time
E, The maximum permissible dwelling unit interior noise levels are provided
in the table below.
Interior Noise Limits
Time In"prval Anv Time 1 min in 1 hour 5 min in 1 hour
7 a.m. - 10 p.m. 55 dbA 50 dbA 45 dbA
10 p.m. - 7 a.m. 45 dbA 40 dbA 35 dbA
F. Energy Conservation. Buildings shall be located on the site to provide
adjacent buildings adequate sunlight for solar access when practical.
Buildings should be designed to minimize energy consumption requirements,
including but not necessarily limited to, the following conservation
conside:::-ations:
Co-generation;
South facing windows;
Eave coverage for windows;
Double glazed windows;
Earth berming against exterior walls;
G:::-eenhouses; and,
Deciduous shade trees.
G. In the RC and RM districts, including the conversion of apartments to
condominiums where permitted, the following performance standards shall be
met:
1. Masonry walls or fences six (6) feet in height, from the highest
finished grade, shall be required where needed for noise attenuation
a:1d/or privacy.
2. Where a lot fronts on more than one street, it shall be considered
to have multiple frontages and shall be required to meet special
side yard setbacks.
3. When an RC and/or RM lot is adjacent to any single family zone, a
m~nimum of fifteen (15) feet of landscaping shall be maintained on
.~ the RC and/or RM lot between such uses. - ~
/02.~r:21 Chapter II - Section 11.3
10/01/98 II-8 EastLake II SPA Plans
4. Lockable, enclosed storage shall be provided in the carport area;
substitutions may be approved by the Director of Planning.
S. Conveniently located Common laundry facilities shall be provided for
units which do not have individual hook-ups.
6. Conveniently located and well screened trash enclosures shall be
provided for all dwelling units.
7. Recreation vehicle (including campers, boats and trailers) parking
areas shall be provided, fully screened from view or the development
CC&R's shall prohibit all parking of recreation vehicles.
II.S Accessory Structures: Residential Districts
Accessory Buildings and Structures: Accessory buildings and structures, attached
or detached, used either wholly or in part for living purposes, shall meet all
of the requirements for location of the main structure as constructed or required
by the District, whichever is less restrictive; except as herein provided.
A. Enclosed accessory buildings or structures that are attached to the main
building shall not be allowed to encroach into the required rear yard
setback. Open structures may be allowed to encroach into the rear yard
setback subject to approval by the Director of Planning.
B. A detached accessory structure shall meet the setback requirements of the
main building for the front and street side yard areas.
C. A detached accessory structure may be located within an interior side or
rear yard provided that such structure is located no closer than five IS}
feet to an interior side or rear lot line and is at least six (6) feet
from the main structure and does not exceed one story in height.
D. Porches, steps, architectural features such as eaves, awnings, chi!T\!1eys,
balconies, stairways, wing walls or bay windows may project not more than
four (4) feet into any required front or rear yard area, and not into any
required side yard more than one-half of said required side yard.
II. 6 Walls and Fences: Residential Districts
In any requi:::-ed front or side yard adjacent to a street, a wall, fence or hedge
shall not exceed forty-two (42) inches in height, except as provided herein.
Þ.. A wall, fence or hedge not more than six (6) feet in height may be main-
tained along the interior side or rear lot line, provided that such wall,
fence 0:::- hedge does not extend into a required front or side yard adjacent
to a street except for noise attenuation as required by the City and as
herein provided.
---- B. A wall, fence or hedge adjacent to a driveway or street providing vehicu-
lar access to an abutting lot or street shall not exceed forty-two (42)
inches in height within the' front o:~ard setback a:::-ea of the lot.
/.2/9 Chapter II - Section II. 3
10/01/98 II-9 EastLake II SPA Plans
Corner cut-offs may be required to maintain a reduced height in spec:.al
circumstances for safety and visibility.
C. Fiberglass or bamboo sheeting or other similar temporary material shall
not be permitted as a fencing material on street frontages.
II. 7 Signs: Residential Districts
No sign or outdoor advertising structure shall be permitted in any residential
d:.strict except as provided in Section VII.
-~ - ,
/U~c:L? Chapter II - Section 11.3
10/01/98 II-10 EastLake II SPA Plans
SECTION III: VILLAGE CENTER & COMMERCIAL DISTRICTS
III. 0 Purpose
I~ addition to the objectives outlined in Section 1,0 (Purpose and Scope), the
Vi:lage Center and Commorcial Districts are included in the Planned Community
District Regulations to achieve the following purposes:
To provide appropriately located areas for o::fice uses, retail stores,
service establishments and wholesale businesses, offering commodities and
services required by residents of the City and its surrounding market
area;
To provide an opportunity for commercial and quasi-public community
support facilities;
To encourage office and commercial uses to concentrate for the convenience
of the public and for a more mutually beneficial relationship to each
other;
To provide adequate space to meet the needs of modern commercial
development, including off-street parking and loading areas;
To minimize traffic congestion and to avoid the overloading of utilities
by preventing the construction of buildings suited to the amount of land
around them;
To protect commercial properties from noise, odor, smoke, unsightliness,
and other objectionable influences incidental to industrial uses; and
To promote high standards of site planning, architectural and landscape
design for office and commercial developments within the Ci ty of Chula
Vista.
III. 1 Permitted Uses: Villaae Center Districts
The following uses shall be permitted uses where the symbol "P" appears and shall
be permitted subject to a Conditional Use Permit where the symbol "C" appears.
Uses where the symbol "A" appears shall be permitted subject to an Administrative
Review. Uses where the svmbol "N" aooears are not oermitted. Uses where the
svmbol "a" aooears are onlv oermitted as an accesso~v use to a basic oermitted
=...
'~ - -
10/01/98 /02/9 ~':¿I Chapter II - Section 11.3
III-l EastLake II SPA Plans
La~d Use DisCyict
Land Usø VC-l VC-2 VC-3
II.., Ecu ---.
J... Admin' sryab ve and Profess; onal
Servi ~øs P P P
B, Geneya' Commercial Uses
1. Antique shops (no outdoor storage) P P p
2. Apparel stores P P P
3. Art, music and photographic
studios and supply stores P N P
4. Appliance stores and repair (no
outdoor storage) P N P
5. Arcades and electronic games (see
Section VI.4) C N C
6. Athletic and health clubs C C C
7. Automobile and/or truck services, sales,
"ental agencies, ea. as" A A A
8. Bakeries - retail P N P
9. Barber and beauty shops P P P
10. Bicycle shops, non-motorized P N P
11. Blueprint and photocopy services p P P
12. Book, gifts and stationery stores P P P
13. Candy stores and confectioners P P P
14. Car Wash sub'ect to nrovisions of
5øction , 9,58 060 CVMC C C C
15. Catering establishments P N P
16. Cleaners P N P
17. Commercial recreation facilities
not otherwise listed C C C
18. Eating and drinking establishments:
a. Bars 1.-8 ent_- taiH1!\_Ht) , nightclubs
cabarets C C N
-~ - -
b. Restau"ants, coffee shops,
delicatessens, /.2~~~
10/01/98 Chapter II - Section 11.3
111-2 EastLake II SPA Plans
Land Us~ District
Land Us~ VC-l VC-2 VC-3
---
1) with alcoholic beverages
and/or entertainment C C C
2) without alcoholic beverage P P P
c. Snack bars and refreshment stands
contained within a building P P P
d. Fast food restaurants with drive-in
or drive-through C' C' C
19. Equipment rental (enclosed building) P !:! P
20. Fe~d and tack stores (no outside storage) P !:! P
21. Florists' shops P P P
22. Food stores, supermarkets, drug stores P !:! P
23. Furniture stores «10,000 sf) P P !:!
24. Gasoline service stations C C C
25. Hardware stores «10,000 sf) P P P
26. Hobby shops P !:! !:!
27. Hotels and motels (and accessory uses,
including restaurant, bar, shops) P P !:!
28, Janitorial services/supplies p !:! P
29. Jewelry stores P P P
30. Junior department, department stores,
discount and membership department
stores P !:! !:!
31. Kiosks, and moveable vendors, including
photo sales, located in parking lot C C C
32. Liquor stores C !:! C
33. Medical and dental offices, clinics P P P
34. Mo:::-tuaries !:! C !:!
35. Motorcycle sales and services including
motorized bicycles A !:! A
.~, - -
, May be oonsidered for approval in the area immediately adjacent to
~astLake Parkway IFenton Street intersection.
lO/01/98 J;2A ~~J Chapter II - Section 11,3
III-3 EastLake II SPA Plans
~a~d Use Dis~-;~t
Land Us~ VC-l VC-2 VC-3
~ ~ ~
36. Newspaper and magazine stores p p P
37. Nurseries and garden supply stores in
screened area p p P
38. Office suites, general P P P
39. Office supplies/stationery stores p p P
40. Parking facilities (commercial) C C C
4L Pharmacies P P P
42. Photocopying services P P P
43. Printing shops P P P
44- Recycling drop-off bins A A A
45. Retail stores and shops p P P
46. Sign painting shops (enclosed building) P p P
47. S~amp and coin shops P P P
48. Swim~ing pool supplies P P P
49. Television, stereo and radio stores
including sales and repair P N P
50. Theaters A A N
5L Tire sales and services A N A
52. Travel agencies p P P
53. Veterinary offices and animal hospitals A C A
C- Public and Semi-Public Uses
L Day nurseries, day care schools (subject
to provisions of the Municipal Code) A A A
2. Convalescent homes and hospitals C C C
3. Clubs and lodges including YMCA,
YWCA and similar youth group uses A A N
4. Libraries P P P
"-
5. Educational institutions C C C
J.0/0J./98 /,;¿r} ---3 p Chapter II - Section 11.3
III-4 EastLake II SPA Plans
La:::: Use Dis~:-; C:'
Land USÞ VC-: VC-2 'Jê-3
"'..
6. Hospital, medical care facilities C C Ii
7. Post office P P P
8. Religions institutions (Cpr Grài..a..e"
~ l! C l!
9. G:-oup care facilities and residential
:-etirement hotels C C ê
10. Utili ties, public and private p P P
11. Uses determined to be similar and
consistent with the purposes of this
c:hapter C C C
D. AccÞsso:-v Uses
1. Ac:c:essory structures and uses located
on the same site as a permitted use P P P
2. Ac:cessory structures and uses located
on the same site as a conditional use A A A
E. TemDora-v Uses
1. Temporary uses as prescribed in Section
VI. 0 P P P
III.2 Property Development Standards, Village Center Districts
The property àevelopment stanàards that shall apply to all land and builàings
pe:::mitted in the Village êenter Districts shall be those indicated on an approved
si~e plan submitted pursuant to Section 19.14.420 through Section 19.14.480
inclusive in Title 19 of the Chula Vista Municipal Code.
III.3 Performance Standards: Village Center Districts
A. Required front anà street side yards shall be landscaped. Said land-
scaping shall consist predominantly of plant materials except for neces-
sary walks and drives. All planting and irrigation shall be in accordance
with the City's Landscape manual. All required landscaping shall be
permanently maintained in a healthy and thriving condition, free from
weeds, trash and àebris.
~~ B. The noise level emanating from any commercial use or operation shall-no~
exceed the standards established in the Chula Vista Municipal Code.
10/01/98 /e18 ---.3/ Chapter II - Section 11.3
III-S EastLake II SPA Plans
C. All grou11d mounted mechanical equipment, including heating and air condi-
tioning units and trash receptacle areas, s:,all be completely screened
from surrounding properties by use of a wall or :!'en::e, or shall be e::dos-
ed within a building. No material or equipment so screened shall have a
height greater than that of the endosing wall, fence or building. Struc-
tural and design plans for any screening required under the provisions of
this section shall be approved by the Director of Planning.
D. All roof appurtenances including, but not limited to, air conditioning
units, and mechanical equipment shall be shielded and architecturally
screened from view from on-site parking areas, adjacent public streets and
residential uses within the Village Center.
E. Recipro::al ingress and egress, circulation and parking arrangements shall
be required to facilitate the ease of vehicular movement between adjoining
properties.
" Lighting. All light sources shall be shielded in such a manner that the
light is directed away from streets or adjoining properties. Illuminators
should be integrated within the architecture of the building. The
intensity of light at the boundary of any Village Center District shall
not exceed seventy-five (7Sì foot lamberts :!'rom a source of reflected
light.
G. All utility connections shall be designed to coordinate with the archi-
tectural elements of the site so as not to be exposed except where
required by utility provider. Pad mounted transformers and/or meter box
locations shall be included in the site plan with an appropriate screening
treatment.
H. Except where otherwise approved on a site plan, outdoor storage and/or
sales areas shall be entirely enclosed by solid walls not less than six
(6) feet in height to adequately screen outdoor storage areas. Stored
materials shall not be visible above the required walls.
1. Air Pollution. There shall be no emission on any site, for more than one
minute in any hour, of air contaminants which, at the emission point or
within a reasonable distance of the emission point, are as dark or darker
in shade as that designated as No, I on the Ringelman Chart as published
in the United States Bureau of Mines Information Circular 7718.
J. Odor. No use shall be permitted which creates odor in such quantities as
to be readily detectable beyond the boundaries of the site.
K. Energy Conservation. Buildings should be located on the site to provide
adjacent buildings adequate sunlight for solar access when practical.
Buildings should be designed to minimize energy consumption, including but
not necessarily limited to the following conservation measures:
Cogeneration;
South facing windows;
Eave coverage for windows;
Earth berming against exterior walls; and,
-~, Deciduous shade trees. - -
10/01/98 /;2-9 ~3.2 Chapter II - Section 11.3
III-6 EastLake II SPA Plans
~. Land Use Compatibility: Notwithstanding the range of uses permitted ~n
the permitted use matrix, areas designated VC-3 that are also designated
as Pub:i,,/Quasi-Public on the General Development Plan shall be limited to
those uses determined by the Zoning Administrator to be compatible with
the Public/Quasi-Public designation.
II! .4 Pennitted Uses: Commercial Districts
Thø followinc us"s shall b" Demitted us"s where the svmbol "P" aDDears and shall
b" D"rmi tted subiect to a Conditional Use Permit wh"re the Svmbol "C" aDDears
Uses where th" svrnbo] "A" aDDears shall be D"rmitted subiect to an Administrative
R"'.-"'w Use< wh"re th" svrnbo] "N" aDD"ars are no" Dermitted Uses where the
svmbol "a" aDD"ars are on'v Demitted as an accessorY use to a basic Dermitted
US".
Land Use Land Use District
IT gp.
A.. Administ'rative and Professional
Servic"s E E
JL Gen"ra' Commer::; al Uses
L "-'1ticrue shoDs (no outdoor storace) E 11
L ADDar"] stores E 11
;L Art music and DhotooraDhic
studios and suDDlv stores E 11
L ADD'iance stores and r"oair (no
outdoor storaoe) E 11
~ ATcad"s and electronic carnes (see
Sø"tion VI. 4) s: 11
L ".-;,l"::;c and health clubs s: s:
1... Automobile and/or truck services sales
Tental aoencies' S: !l
.ê.... Bak"ries - retail E !l
2... Barber and beauty shoos E !l
1.L B' cvc]e shoDS non-motorized E 11
~ 3'ueDrint and ohotocoov services E ã
lL Book oifts and stationery stores E 11
.l.L Candy stores and confp~tioneTs E ã
~ li... Car Wash subiect to Drovisions of - -
S"ction ]9.58.060 CVMC S: !l
10/01/98 /;¿/l~J3 Chapter II - Section II.3
III-? EastLake II SPA Plans
Land üs~ La~~ Us~ D;s'~:~~
E: P;.
~ ~at~rino esrablishments E !::!
l.L '"løaners E E
1.L '"::>mmørc; al recreation facili ~ies
n::>t otherwise listed S;; !:!
.JJL Barina and drinkina establishments'
L Bars niohtclubs
cabarets S;; !:!
h Restaurants coffee sho'DS
delicatessens,
II with alcoholic beveraaes
and/or entertainment S;; !:!
.il without a]coholic beveraoe S;; ià
- Snack bars and refreshmønt stands
contained wi thin a buildina E ià
~ Fast food restaurants with drive-in
or drive-throuah E !:1
ll.. ~aui'Dment rental (in encJosed buildina only) E li
.£Q... ~øød and tack stores (no outsi de storaae) E E
2L ?lorists' sho'DS E ià
~ ?::>od stores SU'Dørmarkets d~ua storøs E li
~ ?u~niture stores «10 000 sf) E li
2L Gaso'ine service stations S;; li
.e... Ha~d'Ñare stores «10 000 sf) E Ii
.£§... Hobbv sho'DS E !:!
2L. ~otels and motels (and accessory uses
'ncludina restaurant bar sho'Ds) E li
Land Use
~ Janitorial sørvices/su'D'Dlies E Ii
.£L Jewelrv stores E li
.lQ... Junior de'Dartment de'Dartment stores
.~ doscount and membershi'D de'Dartment - .
~ E !:!
10/01/98 j,l/j -;If Chapter II - Section II.3
III-8 EastLake II SPA Plans
Land Usø La~d Use Disr~;~é
E;; Ph
~ Viosks and moveable vendors inc:Judina
Dhoto sales located in Darkino lot s;;. H
.3.2.. Licruor stores (Dackaoe off-sale only) s;;. H
.u... Mødical and dental offices clinics 1: 1:
2L. M"-tuaries s;;. H
l.h ~"torcvcle sales and servicøs in~ludin~
m"torized bicycles 1: H
~ NøwsDaDer and maoazine stores 1: "
.ll.,. Nurseries and Darden suDDlv stores in
screened area s;;. li
2L O&fice suites oeneral 1: 1:
.:l.L O:"f'ice suDDlies/stationerv stores 1: ã
~ Parkino faci'itiøs (commercial! s;;. s;;.
.il... Pharmacies 1: ã
~ PhotocoDvino services E i!
:LL P-intino ShODS E ä
~ Røcvclino droD-off bins S;; !l
45. Røéail stores and ShODS E !l
ti... Rø'ail distribution centers and
manufacturer's outlets which reauire
extensive floor areas for the storaoe
and disDlav of merchandise and hioh
v"lume warehouse-tVDe sale of ooods 1: H
~ S'amD and coin shoDs 1: li
.1L Swimmino Dool suDDlies 1: H
1.L Tølevision stereo and radio stores
includino sales and reDair E H
.2.L Thøaters s;;. H
âL. T;~e sales and services s;;. !l
"'-..' -' ~
---
lO/Ol/98 /2/1 ~ J};; Chapter II - Section II.3
HI-9 EastLake II SPA Plans
Land Usø LB~d Usø D's:-'-t
- 2b
.s2. "--Bvøl aaencies E E
2h Vøtørinarv offices and animal hosDitals ¡;; Ii
2:L.. Gøneral offices financial institutions
~øal Estate offices institutional offices E E
&.. k,v other retail business or service
østablishment suDDlvina commodities
0- Dørformina services determined
bv the Plannina Commission to bø of the same
aøneral character as ~he above mentioned Dermitted
~øtBil businøsses or service uses and ODØn
durina similar normal business hours E !:1
L Public and Semi-Public Uses
L Dav nurseries dav care schools (subiect
to Drovisions of the MuniciDal Code) S; S;
L. Çonvaløscent homes and hosDitals S; !:1
1... Çlubs and lodaes includina YMCA
YWCA and sim'lar vouth arOUD uses S; .(;
L L' braries s:. .(;
.2... Educational 'nstitutions s:. .(;
L "os",ital mødical care facilities s:. s:.
L Post o"fice E E
L Røliaions institutions S; !:1
L G-OUD care facilities and residøntial
~øtirement hotels s:. Ii
.lQ... Uti] i ties Dublic and Drivatø s:. s:.
1L Þ~v other Dublic or semi-Dublic use
døtermined bv the Plannina Commission
to be of the samø aeneral character as
other uses Dørmitted bv this section s:. s:.
!L Accesso:v Uses
L Accessorv structures and uses located
on the same site as a Dermitted or
<;.... condi tional use E E - -
/;2r1-- J ¿
10/01/98 Chapter II - Section II.3
III-IO EastLake II SPA Plans
I:: .5 ProDertv DeveloDment Standards: Commercial Districts
-:-,~ 'ollo~'r= DrODerrv døveloDmønt standards aDD1v '0 all , a:,d and bu'ldln"s
o-hør than a~cøssorv bui1din"s authorizød in this d'strict h~v le"al 10. may
bø used as a bui1din" Si tø exceDt no buildin" oem; - shall be issued for anv lot
havin" a 10' size less than 6 000 sauarø føøt Each buildina si tø shall have a
m' ::imum 20 faot wide v"hicular acc"ss to th" stree-
1:.... Gene-a' Reauiremønts
The fo'lowin" reaui-ements are minimums unless otherwisø stated.
IT £b
L Lot area nøt ~ ~
L Lot width (in feet) l.QQ .liQ
L Lot death (in feet) liQ l.2.Q
L ~ront yard setback {in feet! ...2.Q ~
.L Sidø yard setback each side (in feet) JQ JQ
.L Public streøt setback (in feøt! ...2.Q ...2.Q
.! Otav Lakes Road ...2.Q ...2.Q
.! 01 VTnDi c Parkway ~ nL£
1.,. Rear yard setback (in feet) ~ 10***
L 3uildin" heiaht maximum ~ ~
oMan 'or condominium develoomønt does not neød to meet 10. area reauire-
mønt. Minimum lot area may be reduced to 10 000 sf for master D1anned
buildi~o comolexes subòect to aooroval of a Site Plan. Such Site Plan
shall bø for a total site of no løss than 60 000 sf.
** As m~asured from ød"e of sidøwalk/curb.
*** In~-ease to 50 feet when abuttin" residential district.
Note, Minor deviations may be aooroved bv the Zonin" Administrator with
Site P'an Aooroval.
llL..L Performance Standards: Commercial Districts
Ii... Reauired front and street side yards shall be landscaoød. Said land-
scaoino shall consist oredominantlv of olant materials exceot for neces-
sarv wa' ks and drives All olantin" and irriaation shall b" in accordance
with th" City's Landscaoe Manual. All reauired landscaoina shall be
oermanøntlv maintained in a healthy and thrivina condition free .rom
- weeds trash and d"bris.
10/01/98 /M ~ -3;; Chapter II - Section 11.3
UI-ll EastLake II SPA Plans
~ The ~~. s~ , ~ve' ~manatina from any ~ommercial use 0- oo~Tation sha" not
~xce~" -he standards ~stabl>shed in the Chula Vista Muni~ioal Code.
L. All a-oLmd mounted mechanical ecruiomenr includina heatina and air condi-
tioninc units and trash receotacle areas shall be comoletelv screened
from suT-oundinc oroDerties by use of a wall Dr fence or shall be ~~~1~;-
ed wi--in a buildina ND material or ecruioment so screened shall ve a
heioh- a-eater than that Df the encl Dsina wall fence or buildina ~~ru~-
tural and desicrn clans for any screenina recruired under the orovisi s f
this se~-iDn shall be aooroyed by the Director of Plannina
IL All roo& aoourtenances incl udina but not limited to air conditioning
uni ts and mechani cal ecrui oment shall be shielded and archi tectura11 ~
scre~n~" &rDm view from on-site oarkina areas adiacent oub'ic streets and
resid~:o.ial uses within the Villaae Center
L Reciorocal inaress, a;,d earess circulation and oarkina arranaemen~~ :~:~l
be reC!'~' Ted to fac' h tate the ease of veh>cular movement between a 0 a
orooe~ies.
L Liahti~c All liaht sources shall be shielded in such a manner that the
lioht '< directed away from streets or adioinina orooerties. ~lïu:in:t~~s
should be intearated within the architecture of the buil in The
intens'.y Df liaht at the boundarY Df any Commercial District shall no~
exceed seventy-five (75) foot lamberts from a source of reflected liah~
£. All ut"iry connections shall be desicrned to coordinate with ~h: ar~~i-
tectu-a' elements of the si te so as not to be exoosed exc t w re
recruiTed bv utility orovider Pad mounted transformers and/or met:: ~~:
locati o:os shal 1 be included in the si te alan with an aoorD:oriate s~; n'
treatmg~..
1L Exceot wngre otherwise aoorDved on a site o'an outdoD- storace and/or
sales areas shall be entirely enclosed by solid walls n:- 1::S th:n ~~x
(6) reg. in heiaht tD adecruately screen outdoor storaa ar stored
materia,-s shall not be visible above the -ecruired wal's. perma~en~
outdoo- sales areas shall be screened to imorove si te aesthe~ics w~~n
vie~ed &rDm a distance but the ~creenina materials are :o~ -::~r:: t~ ~e
sol>d Dr ooacrue and may allow hltered close-ranoe v>ew" m er a s
for sale, Screenina materials and desion shall be consi stent wi th ~he
architg~ture/materials of the adiacent buildina
L Air Po11ution. There shall be no emission on any site for more ~h:~ 0:;
minute ;n any hour of air contaminants which at the emissio~ o' t
within a reasonable distance of the emission ooint are as ~~;~ 0; ~~~~:~
in shade as that desianated as No 1 on the Rinaelman Chart as O~b .
in the Unired States Bureau of Mines Information Circul~; 771~.
iL Odor No use shall be oermitted which creates odor in suc: cruantities as
to be -~adily detectable beyond the boundaries of the si~e
L Eneray Conservation. Buildinas should be located on the site to orovi~e
adi ace~- buildinas adecruate sunliaht for solar acce~s whe; ~;~~tica~
r- Buildinc< should be desicrned to minimize enerav consumDtion 'nc u 'na "bùt
not ne-essarilv limited to the followina conservation measures'
10/01/98 /c14ryr Chapter II - Section 11.3
III-12 EastLake II SPA Plans
1... ~c>O'pnpration.
L Sc>uth facinO' windows'
L Eavp coveraqp for w;ndows.
L- Earth berminq aqainst extprioy walls' and
~ Dp~iduous shadp trees.
"- -
10/01/98 /-2/9 ---31 Chapter II - Section 11.3
III-13 EastLake II SPA Plans
SECTION IV: BUSINESS CENTER DISTRICTS
IV. 0 Purpose
In addition to the objectives outlines in Section I.O (Purpose and Scope), the
Business Center Districts are included to provide for a quality working
environment a.'1d to achieve a harmonious mixture of uses which might otherwise be
considered incompatible when located in close proximity. Activities are intended
to promote employment opportunities in manufacturing, service, research and
development, engineering and wholesale trade. In addition, the Business Center
Districts are included to advance the following objectives:
To reserve appropriately located areas for industrial use and protect
these areas from intrusion by dwellings and other non-harmonious uses;
To protect residential and commercial uses from noise, odor, dust, smoke,
light intrasion, truck traffic and other objectionable influences and to
prevent fire, explosion, radiation and other hazards incidental to certain
industrial acti vi ties;
To promote sufficient open space around industrial structures to protect
them from hazard and to minimize the impact of industrial operations on
nearby residential or commercial districts; and
To minimize traffic congestion and avoid overloading utilities by re-
stricting construction of buildings of excessive size in relation to the
amount of land around them.
A. Busineso Cønter Manufacturino Park District
This district is intended as an area for modern industrial, research, and
administrative facilities which can meet high performance and development
standards.
B. Business Cøntey Manufac'urino Seyvicø District
This district is intended as an area for light industrial and limited
service commercial uses which can meet high performance and development
standards.
~ -" -
/,;2/} - 'ÝO
10/01/98 Chapter II - Section II.3
IV-l EastLake II SPA Plans
rl.l Permitted and Conditional Uses: Business Center Districts
The following uses shall be permitted uses where the symbol Up" appears and shall
be permitted uses subject to a Conditional Use Permit where the symbol "C"
appears. Uses where the symbol "A" appears shall be subject to an Administrative
?-eview. Us~s where th~ svmbol "N" aoo~ars are not o~rmitted, Uses wher~ the
svni::>ol "a" aoo~a~s are only Dermitted as an accesso~ use to a basic Derm;-t~d
=.,.
Land Use Land Us~ District
BC-l BC-2
(Manufacturing (Manufacturing
Park) Servic~)
],. Manuf'ac-u~ina
1. Manufacturing, compounding, assembly
Dr treatment of articles or
merchandise from the following
previously prepared typical
IT~terials such as canvas, cello-
phane, cloth, cork, felt, fiber,
fur, glass, leather, paper (no mill-
ing) , precious or semi-precious
stones or metals, plaster, plastics,
shells, textiles, tobacco, wood,
and yarns; novelty items (not
including fireworks or other
explosive type items) P C
2. Electrical and related parts;
electrical appliances, motors
and devices; radio, television,
phonograph and computers; elec-
tronic precision instruments;
medical and dental instruments;
timing and measuring instruments;
audio machinery; visual machinery;
cosmetics, drugs, perfumes,
toiletries and soap (not including
refining or rendering of fat or oils) P C
3. Furniture upholstering P C
4. Rubber and metal stamp manufac-
tur~ng P C
5. Laboratories; chemical C C
6. Laboratories; dental, electrical,
optical, mechanical and
...~ medical P p -' -
7. Bottling plants /~/J - 7'/ P P
10/01/98 Chapter II - Section 11.3
IV-2 EastLake II SPA Plans
',and Use Land Us~ ~~strict
BC-l BC-2
(Manufacturing (Manufacturing
Park) Servicø)
8. Cement products manufacturing H C
B. Storacrø and Wholesalø Tradøs
J.. Mini-storage, public storage and
storage warehouses C P
2. Moving and storage firms C P
3. Building materials and lumber
storage yards and/or contractors'
yards H C
4. Building equipment storage, sales,
rentals H C
5. Automobile fleet storage C C
6. ,railer, truck, or bus terminal C C
C. Services
J.. Animal hospital or veterinary clinic
and/or office P P
2. Automobile and/or truck services
including but not limited to, sales,
rental agencies, body repair, paint-
ing and car washes H C
3. Blueprinting and photocopying p P
4. Cleaning and dyeing plant H C
5. Distributors, showrooms and
automobile offices P p
6. Eating and drinking establishments,
a. Bars C C
b, Restaurants, coffee shops,
delicatessens,
l) With alcoholic beverages C C
2) Without alcoholic beverages A A
c. Snack bars, take-out only;
"-- refreshment stands within a
building -
P P
lO/Ol/98 / M -~.:;¡ Chapter II - Section II.3
IV-3 EastLake II SPA Plans
Lanc :;5° Lan~ Use Dis.-:~.
BC-l BC-2
(Manufacturing (Manufacturing
Park) Servi~ø)
~. Fast food restaurants with
drive-in or drive-through C C
7. ?u=iture sales, new and used
(no outdoor sales or display) P P
8. 3asoline dispensing and/or automobile
service station C C
9. Kennels 1:1 C
10. Heliports C C
11. !1otels, hotels and convention centers C C
l2. newspaper publishing, printing, and
~istribution, general printing and
:ithography P p
13. Offices, businesses, medical, pro-
:essional, real estate and research P P
l4. Retail commercial when in conjunction
with a permitted or conditional use P P
D. Public and Semi-Public Uses
, :Jay nurseries, day care schools and
::u:-sery schools A A
2. ?ost offices and post office terminals A C
3. ?ublic utility pumping stations,
e~ipment building and installation A A
4. Public utility service yards 1:1 C
5. Educational institutions, public or
~:-ivate including vocational schools C C
E. Access~:-v Uses
1. A~cessory st:-uctures and uses located
on the same lot as permitted or
~onditional use P P
-"-.- - -
10/Cl/98 /d/J-¿i.3 Chapter II - Section 11.3
IV-4 EastLake II SPA Plans
Land "s~ Land Use Dis-~'~.
BC-1 BC-2
(Manufacturins (Manufac::urins
Park) Servic~)
2. Incidental services for employees on
a site occupied by a permitted or
conditional use, including day care,
recreational facilities, showers
~~d locker rooms P P
3. ,;atchman's or caretaker's living
~~arters only when incidental to and
on the same site as a permitted or
condi tional use A A
F. TemDorarv Uses
L Temporary uses as prescribed in
Section VI. 0 P P
r~ -
10/01/98 Je2/Î -1/{ Chapter II - Section 11.3
IV-5 EastLake II SPA Plans
IV.2 Property Development Standards: Business Center Districts
The following property development standards apply to all land and buildings
other than accessory buildings authorized in this district. Any legal lot may
be used as a building site, except no building permit shall be issued for any lot
having a lot size less than 6,000 square feet. Each building site shall have a
m~nimum 20 foot wide vehicular access to the street.
A. Genera' R~auirem~nts
The following requirements are minimums unless otherwise stated:
BC-l BC-2
Manufacturing Manufacturing
Park) Service)
1. Lot area, net l ac.' l ac.'
2. Lot width (in feet) lOO l50
3. Lot depth (in feet) l50 150
4. ?ront yard setback (in feet) 20 25
5. S~de yard setback each side (in feet) lO l5
6. Public street setback (in feet) 20 20
7. Rear yard setback (in feet) lO" lO"
8. Building height, maximum 35 feet or 2 stories
whichever is less
9. ¡'ot coverage (percent, net) 60 70
'Map for condominium development does not need to meet lot area require-
ment. Minimum lot area may be reduced to lO,OOO sf for master planned
building complexes, subject to approval of a Precise Plan. Such Precise
Plan shall be for a total site of no less than 60,000 sf.
"May be :reduced to zero (0) with Site Plan approval.
B. Soecial Reauirements
1. 1.long all street frontages situated across from any residentially
zoned property, a minimum three foot high landscaped earthen berm
shall be constructed. long all other lot lines adjacent to residen-
tial districts, a maximum eight (8) foot high wall may be construct-
ed if required following Director of Planning review. Fences should
blend in with the site's architecture.
-"-.. 2. Streets capes shall be enhanced to provide an easy transition from
the street to the building. Patios, circulation and parking spaces
lO/Ol/98 /oUP ~.yþ Chapter II - Section 11.3
IV-6 EastLake II SPA Plans
ca~ be included in setback areas to help buffer a~Joi~ing parcels
from one another.
3. Reciprocal ingress and egress, circulation and parking arrangements
shall be required where possible and feasible to facilitate vehic-
ular movement between adjoining properties and to limit superfluous
~:-iveways.
IV.3 Pe:-formance Standards: Business Center Districts
~. In aE Business Center Districts the required setbacks shall be land-
scape~, Landscaping shall consist predominantly of plant materials and
shall be irrigated by automatic sprinklers. All planting and irrigation
shall be in accordance with the City's Landscape Manual. All landscaping
shall be permanently maintained in a clean, healthy and thriving condi-
tion, f:-ee of weeds, trash and debris.
B. All ground mounted mechanical equipment, including heating and air condi-
tioning units and trash receptacle areas, shall be completely screened
from su:-rounding properties by use of a parapet, wall or fence, or shall
be enclosed within a building. Exposed gutters, dovo'Ilspouts, vents,
louve:-s and other similar elements shall be painted to match the surface
to which they are attached unless they are used as part of the design
theme.
C. All utility connections shall be designed to coordinate with the archi-
tectural elements of the site so as not to be exposed except where
required by utility provider. Pad-mounted transformers and/or meter box
locatio:o.s shall be included in the site plan with an appropriate screening
treatme~t.
D. Lighting. All light sources shall be shielded in such a manner that the
light is directed away from streets and adjoining properties. Illumina-
tors s~,all be integrated within the architecture of the building, The
intensity of the light at the boundary of any Business Center Dist:-ict
shall not exceed seventy-five (?5) foot lamberts from a source of re-
flecte~ light.
E. Electrical Disturbance, Heat and Cold, Glare. No use except a temporary
construction operation shall be permitted which creates changes in tem-
peratu:-e or direct glare, detectable by the human senses without the aid
of inst:::1lments, beyond the boundaries of the site. No use shall be per-
mitted ,,'hich creates electrical disturbances that affect the operation of
any equipment beyond the boundary of the site.
F. Fire and Explosive Hazard. All storage of and activities involving in-
flammable and explosive materials shall be provided with adequate safety
and fire fighting devices to the specifications of the Uniform Fire Code.
All incineration is prohibited. Adequate smoke detectors shall be
installed in all new construction.
é..,. G. Noise. The acceptable outdoor noise levels, measured at the
exposure
prope:-ty line, for the Business Center districts are given in the table
10/0:/98 /..2 /'J - 7~ Chapter II - Section II. 3
IV-? EastLake II SPA Plans
belo" , (See amended Chapter 19.66 CVMC fo::- definitions and addi:.ional
àetai:s.)
'"~ ..
-
10/01/98 /~/J -~? Chapter II - Section 11.3
IV-8 EastLake II SPA Plans
Exterior Noisp Limits'
Recei~;ncr Land Usp District 7 a m - 10 D rr. 10 D m - 7 am
3:-1, BC-2 70 ciliA 70 ciliA
"Envi:::-onmenta1 Noise - Le. in any hour
'Nuisance Noise. not exceeded at any time
E. Odor. No use shall be permitted which created odor in such quantities as
to be readily detectable beyond the boundaries of the site.
.. Radioactivity. In all Business Center Districts, the use of radioactive
materials shall be limited to measuring, gauging and calibration devices,
and medical X-ray diagnostic equipment.
J. Vibration. No use except a temporary construction operation shall be
permitted which generates inherent and recurrent ground vibration percep-
tible, without instruments, at the boundary of the lot on which the use is
located.
K. In any Business Center District, the conversion of 'a proj ect to condo-
minium ownership shall meet all the requirements of the zone to the maxi-
mum extent possible. Specific City Council waiver shall be required where
the zone requirements cannot be met.
-". Air Pollution. There shall be no emission on any site, for more than one
minute in any hour, of air contaminants which, at the emission point or
within a reasonable distance of the emission point, which is as dark or
darker in shade as that designated as No. 1 on the Ringelman Chart as
publis~ed in the United States Bureau of Mines Information Circular 7718.
M. Outdoor Storage Areas shall be entirely enclosed by solid walls not less
than eight (8) feet in height to adequately screen views from the external
boundaries of the property.
N. Energy Conservation. Buildings shall be located on the site to provide
adjacent buildings adequate sunlight for solar access when practical.
Buildings should be designed to minimize energy consumption, including,
but not necessarily limited to the following conservation measures:
:ogeneration;
South facing windows;
Eave covering for windows;
Earth berming against exterior walls; and,
Deciduous shade trees.
0- Toxic ¡.;aterials. No land or building shall be used or occupied in any
manner which creates an unhealthful, dangerous, noxious or other\:iise
---- objectionable condition due to the use.. storage proximity to toxic
or
materia~s.
10/01/98 /;)Jj - £j JY Chapter II - Section 11.3
IV-9 EastLake II SPA Plans
P. Liquid Dr Solid Wast:e. The discharge Dr deposit: of liqui::. Dr solid wast:es
shall he subject to the provisions of Section ~9.66.~50 ~VMC.
"'-.- -
10/01/98 /c2ð -'Ý;J Chapter II - Section II.3
IV-10 EastLake II SPA Plans
SECTION V: SPECIAL PURPOSE DISTRICTS
V.O Purpose
~:'ese districts are intended for general agriculture, open space, public and
q'~asi-public uses. Only those additional uses which are complementary to, and
can exist in harmony with, open space are permitted. For the open space
districts, t:,ere is no lot size limitation and it is the intent that these
districts may be applied to a portion of a lot provided that the remainder of the
:== meets the requirements for wh~ch it is zoned.
2.n addition to the objectives outlined in Subsection 1.0 (Purpose and Scope), the
Open Space District is included in the Planned Community District Regulations to
achieve the following purposes:
To preserve open space for the conservation of natural resources;
Maintain the natural character of the land;
Provide for public/quasi-public and recreational uses;
Conserve areas of historic and community significance for the enjoyment of
future g~nerations;
Provide for private use of land under limited development; and
Promote public health and safety.
V.l Permitted and Conditional Uses: Open Space Districts
~::Oe following uses shall be permitted uses where the symbol "P" appears and shall
be permi t ted uses subject to a Conditional Use Permit where the symbol "C"
appears. Uses where the symbol "A" appears shall be subject to an Administrative
Review. Uses wh~re th~ svrnbol "N" atmears are not 1J~rmitted.
Land Use ~ Qß.:2. ~ ~ Qâ.:2 ~ Qâ.:2
Agriculture - Interim A A A A A A A
Arboreta (horticultural garden) A A A P A P P
Cr~istmas tree sales A Ii A A A A A
C"'Mlercial eq'.lestrian facilities li Ii li Ii li li A
Conference :acilities li li li l'! li C C
Field crops A li A A A li A
Fruit and vegetable stands Ii l'! C li A l'! A
Golf course/Country Club l'! l'! l'! l'! l'! P A
Heal th Club/Spa li l'! l'! P l'! P P
He2.iport l'! li li li C C C
Hotel/Motel/Lodging facilities l'! l'! li l'! li C C
Incidental concessions l'! li l'! P P P P
"'- Parks and recreation facilities P P P P P P P
Public and quasi-public uses C C A C P A A
10/01/98 /..2/7 ~ S2J
V-I
La::" Use ~ ~ Qâ.:.l ~ ')s - S ~ Ç&2
T,,!!:.?orary tra=t signs and offi="s A A ;.. A ~. A ;..
Tree farming A A ;.. A ;.. A ;..
Utilities (public and private) P P P P P P P
V.2 Permitted and Conditional Uses, Quasi-Publi= Fa=ilities (PQ) ,
Future Urban (FU).
The following uses shall be permitted uses where the symbol "P" appears and shall
be permitted uses subje=t to a Conditional Use Permit where the symbol "C"
appears. Uses where the symbol "A" appears shall be subje=t to an Administrative
Review. Usøs where tho svmbol "N" atmea~s are no' uørmitted Uses where the
svmbol "a" auuøars are onlv uermitted as an accessorY use to a basic uermitted
~
Land Usø ~ E=-l
Agri=ulture - Interim A P
k:boreta (horti=ultural garden) P I:!
Christmas tree sales A I:!
Church/Religious Institution P I:!
Church related schools C I:!
Club, lodge, fraternal organization A I:!
Community Fadlity P I:!
Crops, Field l:! p
Fruit and vegetable stands C I:!
Grading and Infrastru=ture Improvements P P
Incidental Concessions A I:!
Parks and Recreation Facilities P I:!
Publi= and Quasi-public uses P I:!
Temporary tra=t signs and offi=es ~. A
Uti2.i ties (public and private) P p
Senior Care aCld recreation E I:!
Dav Care Faci'ities ã I:!
Rø-røation non-urofit su=h as ball fiølds' E I:!
L.Sub-i ect to -he reQUirements outlined in Section 19.48.040 (E; 161 Idl CVMC.
~ -
10/01/98 /M:5/ Chapter II - Section 11,3
V-2 EastLake II SPA Plans
V.3 :ommuni tv PurPose Facilities (CPF) District Requlations
Lands desicmatød "CPF" shal' be subiect to the am)" cable Drovisions in Titlø 19
0: thø Chula Vista Muni~iDal Code for ":ommunitv PurPose Facilities" includina
bu- not lim'ted to Section 19 48 020 throuah 19 48 025
Permi ttød and Conditional Uses. Communi~v PurDose Fad Ii ties ICPF)
DistT'~ts
The 'o'lo~ina usøs shall be Dermitted uses whøre the svrnbol "P" aDDears
and sha" bø Dermitted uses subiect to a Condi-ional Use Pørmit where the
svrnbol "C" aooeaTS Uses where the svrnbol "Þ." aooears shall be subiect to
an Administrative Review. Uses where thø svrnbol "N" aODears are not
Dermit-ed Uses where the svrnbol "a" aDDears are onlv oerrnitted as an
accøssorv use to a basic Derrnitted use
J:æE
1. Boy Scouts, Girl Scouts and other similar organizations C
2. Social and human service activities, such as Alcoholics
Anonymous C
3. Services for homeless C
4. Services for military personnel during the holidays C
5. Senior care and recreation C
6. Worship, spiritual growth and development, and teaching
0: family values C
7. Day care facilities that are ancillary to any of the above C
8. Private schools that are ancillary to any of the above C
9. Interim uses, subject to the findings outlined in
19.48.025(E) C
.lQ..,. Røcreation facilities such as ballfie'ds for non-oroH t
oraanizations servina the local communi-v subiect to the
røcruirements outlined in 19.48 004 (H) (6) (dl J:;
~L.i Property Development Standards: Special Purpose Districts
A. The following regulations shall apply to the site of a Permitted or
Conditional Use. The requirements are minimum unless otherwise stated.
1. Density - Maximum Dwelling unit
per legal lot 0
2. Lot width (in feet) None Required
3. Lot depth (in feet) None Required
4. Front yard setback (in feet) 20
5. Rear yard setback (in feet) 20
6. Side yard setback (in feet) each side 20/10
7. Building height 35 feet or two stories,
"- whichever is less --
10/01/98 J.J/J'- S-J-- Chapter II - Section II.3
V-3 EastLake II SPA Plans
<;.,-4::L.2 Signs: Special Purpose Districts
S~gns approved as a component of a SPA Plan (or Comprehensive Sign Program) shall
be permitted within open space districts included within the SPA. Other signs
s~all be pe=mitted only as provided in Section VII of these regulations.
""- -" "
/~/Jr~3
10/01/98 Chapter II - Section II.3
V-4 EastLake II SPA Plans
SECTION VI: SPECIAL USES AND CONDITIONS
The provisions of this ordinance shall apply to the uses and conditions
hereinafter enumerated. Where this section prescribes regulations more
restrictive than the land use district in which a use or conditional use is
permitted, the provisions of this section shall apply.
VI. 0 Temporary Uses
The provisions of this Section shall be known as the Temporary Use Regulations
and shall provide regulations for the uses hereinafter enumerated. Where this
Section prescribes regulations more restrictive than the zone in which a use or
condi tional use is permitted, the provisions of this Section shall apply.
Temporary uses are subject to approval by the Director of Planning, except as
noted.
A. TemDora~v Uses Lis~ed
L Circuses, rodeos, parades or similar outdoor entertainment or enter-
prises, subject to not more than five (5) calendar days of operation
in any calendar year. Requests exceeding these limitations will
require the submittal and approval of a conditional use permit.
2. Christmas tree sales lots, Halloween pumpkin sales, and other
holiday sales subject to not more than forty (40) calendar days of
site occupation and operation in any calendar year.
3. subdivision sales offices, sales information centers, sales
pavilions, and model home complexes located within the subdivision,
subject to the following minimum requirements:
a. Offices shall be no closer than one vacant lot to an existing
dwelling unit not part of the subdivision, trailers may be
used for no more than ninety (90) calendar days or until such
time as the subdivision sales offices have been completed,
whichever is less;
b. An AC paved parking lot shall be provided with sufficient
parking spaces to accommodate said use;
c. Offices shall be allowed for a maximum of four years;
d, Faithful performance bonding in an amount appropriate to
guarantee removal and/or conversion of the sales office and
attendant facilities shall be required; and,
~ Other conditions that the Director of Planning deems necessary
to assure that the sales office will not constitute a nuisance
"-- or be objectionable to the residential uses in the neig~?r-
hood.
/.24--3-7
Chapter II - Section 11.3
10/01/98 VI-l EastLake II SPA Plans
4. J~tdoor art and craft shows and exhibits, subject to not more than
~hree (3) calendar days of operation or exhibition in any sixty 160)
calendar day period.
5. Contractors' offices and storage yards on the site of an active
construction project.
6. Mobile home residences for security purposes on the site of an
active construction project.
7. OUtdoor display and sales located within commercially zoned
properties not to exceed more than five (5) calendar days in any
sixty (60) calendar days and subject to appropriate conditions of
the Planning Department.
8. Seasonal retail sales of agricultural products (fruit and vegetable
stands) for periods of less than ninety (90) days, if said products
are raised on the premises.
9. 7emporary use of properly designed mobile trailer units for class-
rooms, offices, banks, etc., for periods not to exceed ninety (90)
days subject to Administrative Review. Requests for such uses of
more than ninety days duration shall require approval of a Condi-
tional Use Permit by the Planning Commission. Such units shall meet
all necessary requirements of building, fire and health codes.
J.O. For any agricultural and animal husbandry activity or project (4-H,
FFA, or similar) conducted for educational purposes or school
credi ts, a permit may be granted in any district when the Director
of Planning determines that such use will not cause a public
nuisance relative to sanitation and health conditions.
J.1. Charitable or school sponsored drop-off bins for recycling of cans,
newspapers or similar items, or for drop-off of clothes and small
items. Bins shall be located in the parking lots of businesses or
other public or semi-public property on a temporary basis when
wri t ten permission is granted by the property or business owner.
Said bins shall be kept in a neat and orderly manner.
J.2. Additional uses determined to be similar to the foregoing in the
manner prescribed by Section I.4 of these regulations.
B. Permit< and Bonds
All temporary uses shall be subject to the issuance of a Temporary Use
Permit by the Director of Planning and other necessary permits and
licenses, including but not limited to building permits, sign permits, and
solicitors or vending licenses. In the issuance of such a permit, the
Director of Planning shall indicate the permitted hours of operation and
any other conditions, such as walls or fences and lighting, which are
deemed necessary to reduce possible detrimental effects to surrounding
"-.- developments and to protect the public health, safety and welfare. Prior
to the issuance of a permit for a temporary use, except those listed ùñder
C, F, G, K and Labove, a cash deposit may be required to be deposited by
/.1/)-fÇ Chapter II - Section II.3
J.0/0J./98 VI-2 EastLake II SPA Plans
~he City. This cash deposit shall be used to de:ray the costs of clean-up
of the property by the City in the event the permittee fails to do same.
C. Extension or Modi"ication of Limits
Upon written application, the Director of Planning may extend the time
within which temporary uses may be operated, or may modify the limi tations
under which such use::; may be conducted if the Director of Planning
determines that such extension or modification is in accord with the
purposes of the zoning regulations.
Ð. Condition of Site ~ollowinc TemDorarv UsaGe
Each site occupied by a temporary use shall be left :ree of debris,
litter, or any other evidence of the temporary use upon completion or
removal of the use, and shall thereafter be used only in accord with the
provisions of the zoning regulations.
E. ~
The application shall be accompanied by a fee established by the Master
Fee Schedule to cover the cost of processing the application prescribed in
this section. This fee may be waived by the approving authority for
charitable groups that do not need any public services.
VIol Home Occupations
A. Home occupations may be permitted only when in compliance with the condi-
tions listed herein. A permit must be issued by the Director of Planning
prior to operation of such use. The fee shall be in accordance with the
Master Fee Schedule.
1. There shall be no stock in trade or exte:-io:- storage of materials in
the conduct of a home occupation.
2. A home occupation shall be conducted enti:-ely within a dwelling; if
in an attached or a detached garage, it shall not impede the use of
said garage for vehicle storage.
3. Electrical or mechanical equipment which creates visible or audible
interference in radio or television receivers or causes fluctuations
in lint voltage outside the dwelling unit, shall be prohibited.
4. Only the residents of the dwelling unit may be engaged in the home
occupation.
5. There shall be no sale of goods on the premises.
6. The establishment and conduct of a home occupation shall not change
the principal character or use of the dwelling unit involved.
~ 7- There shall be no signs other than those permitted by this ord;n-
ance. Jc2/J /' ~þ
Chapter II - Section II.3
10/01/98 VI-3 EastLake II SPA Plans
8. ~he required residential off-street parking shall be maintained.
9. A home occupation shall not create vehicular or pedestrian traffic
in excess of that which is normal for the land use district in which
it is located.
10. No vehicles or trailers (including pick-up trucks and vans) or con-
struction or other equipment, except those normally incidental to
residential use, shall be kept on the site.
VI.2 Recreational Courts
Construction of recreation courts, including necessary fencing and lighting, may
be permitted subj ect to administrative review and a finding that adjacent
properties will not be unduly affected.
Recreation courts shall meet the following minimum standards:
A. A maximum 20-foot high fence (measured from the finished grade of the
court) shall be allowed. Fences shall include a screening material which
screens the court activity from off-site view and which improves the
appearance of the fence.
B. Setbacks for the court shall be:
Side yard: 10 feet
Rear yard: 10 feet
C. Maximum of eight (8) lights permitted, height not to exceed 22 feet. All
lights and light fixtures shall be certified by a qualified lighting
engineer to:
1. Be designed, constructed, mounted and maintained such that, the
light source is cut off when viewed from any point five (5) feet
above the ground measured at the lot line.
2. 3e designed, constructed, mounted and maintained such that the maxi-
mum illumination intensity measured at the wall of any residential
building on abutting property shall not exceed ~ foot candle above
ambient levels.
3. Be used between 7:00 a.m. and 10:00 p.m.
D. The surface area of any recreational court shall be designed, painted,
colored and/or textured to reduce the reflection from any light incident
thereon.
E. Landscaping shall be installed as required between the fence and the
property line.
"'-,.. --
J024r:-?? Chapter II - Section II,3
10/01/98 EastLake II SPA Plans
V:.3 Y.ennels - Commercial and Non-commercial
T:-:e followi:-.; regulations are established for operation and maintenance of
c~mmercial a:-.d non-commercial kennels in the Manufacturing Service Lanò Use
D~stricts p~rsuant to Section IV.l.C.9.
r.. Anima: runs shall meet the following minimums:
1. !':~nimum sizes:
3'0" x 5'0" for small size animals
3'0" x 9'0" for medium size animals
"'0" x 9'0" for large size animals
2. ;'--,;.mal runs shall be constructed and/or coated with non-porous
material to discourage the breeding of ticks and other similar
pests.
3. 1-':'1 animal runs and animal holding areas shall have concrete or
other durable flooring sloped for proper drainage.
4. ;":1 animal runs shall be provided with adequate enclosures to
~rovide protection from inclement weather.
5. h:l animal runs shall be provided with drains sufficient to control
drainage and daily washing of the runs.
6. ;":'1 animal runs shall be washed down daily to control odor, flies
a:1d the breeding of ticks, fleas, bacteria and other similar pests.
B, All ker_"1els shall be served by sewer and/or all excrement produced by said
kenneled animals shall be dispersed on a regular basis so as to control
flies 2.:1d odor, Or stored in an enclosed container anò dispersed 0:1 a
regular basis.
C. All noise shall be sound attenuated so that the noise level measureò at
the prcperty line is wi thin the ambient level for the land use district in
which the site is located.
D. No animal runs, exercise areas or keeping of the kenneled animals for
commercial anò non-commercial purposes shall be located within the
required front, street side or siòe yards of the land use district in
which the site is located.
VI. 4 Arcades
A. In order to minimize aòverse effects that arcades and electronic games may
have on the neighborhuoò 01' area in which it is located, the follo~.ing
regulations are established. Arcades may be permitted only in the Village
Center :ommercial land use district subject to a conditio:1al use permit
and to the conditions listed herein,
"-.. --
J c2hl--- 5¿f' Chapter II - Section II.3
10/01/98 VI-5 EastLake II SPA Plans
1. hll such facilities shall provide parking with ~n;ress and egress
designed so as to minimize traffic congestion; shall be not less
than twenty feet away from any adj acent residential zone; and shall
show that adequate controls or measures will be taken to prevent
offensive noise and vibration. Should the Municipal Code be amended
to provide additional regulation of these uses. such amendments
shall apply to arcade or similar uses wi thin EastLake II.
2. The operation of four or less machines shall be permitted provided
their operation is ancillary to the use of the building and said use
does not materially alter the principal use of such a building. The
operation of four or less machines where they are the principle use
may be approved by the Director of Planning where, in his judgment,
the location does not constitute a traffic or safety hazard to the
public or abrogate the intent of the regulations contained in this
section.
~ --
/.:¿/J ~'j Chapter II - Section II.3
10/01/98 VI-6 EastLake II SPA Plans
SECTION VII: COMPREHENSIVE SIGN REGULATIONS
v:r. 0 Purpose
,:",~ p:::-ovisio:ls of Sections VII. 0 th:::-ough VII. 3, inclusive, shall be ¡'-J1own as the
Co:np:::-ehensive Sign Regulations. It is the purpose of these provisions to
es:.ablish a comprehensive system for the regulation of on-Sl':e and off-site
Slg:J.S.
-=-~,~ City 0: Chula Vista recognizes the need for signs as a means to iden':ify
b=inesses wi ':hin the community. However, the City also recognizes that signing
is an impo:::-':ant design element of the physical environmen':. Regulations
co:lsistent with the goals and objectives of the community are necessary to ensure
':ta': the cha:::-acte:::- and image the community is striving for can be attained.
I:. is the purpose of this chapter to make EastLake II attractive to residents,
visito:::-s, and commercial, industrial and professional businesses while main-
taining economic stability through an att:::-active signing program. Specifically,
the pu:::-poses of this chapter are to:
Protect the general public health, safety and welfare 0: the community;
Reduce possible traffic and safety hazards th:::-ough good signing;
Direct persons to va:::-ious activities and uses, in o:::-de:::- to p:::-ovide fo:::-
maximum public convenience;
Provid~ ., :o-:easonable system of sign :::-egulations, to ensu:::-e the development
of a high quality visual envi:::-onment;
Encou"age signs which are well designed and pleasing in appearance and to
provià~ incentive and latitude for variety, good design "elations hip to
the business or use it identifies, and spacing between signs and build-
ings;
Encou"age a desirable urban character which has a minimum of clutter;
Enhance the economic value of the community and each a"ea, business and
use thereof, through the regulation of such elements as size, number,
location design and illumination of signs; and,
Encou"age signs which are well located, and take in to account the service
and usage of adjacent areas.
VII.1 Permit Requirement and Review
A. Sign Pe"mit Required
>:.... A sign permit shall be required in accordance with Section 19.60.030 of
the Municipal Code for any sign except as'follows; provided, however,~~ny
signage in excess of the specific exemption listed below is prohibited:
/-2~~¿{,O Chapter II - Section II.3
10/D~/9B EastLake II SPA Plans
1. ?~rmanent w'ndow sienaee not exceedin" twelve (12 ì square feet per
:,usiness frontage and limited to the name of the business, se::-vice,
or use, hours of operation, address and emergency information,
except exposed neon tubing signs advertising products for sale on
the premises, are permitted as permanent signs.
~. T~mvorarv advertisine sienae~ painted on the window or constructed
of paper, cloth, or similar expendable material affixed on the
window, wall or building surface, provided that all of the following
conditions are met:
a, The total area of such signs shall not exceed twenty-five (25)
percent of the window area; however, in all cases, twelve (12)
square feet per business frontage is permitted.
b. Such signs shall be affixed to the surface for no more than
thirty (30) continuous calendar days but for not more than
sixty (60) days each calendar year, to promote a particular
event or sale of product or merchandise.
3. ?eal Estate Siens for Residential Sales: One (1) sign per street
:rontage not exceeding four (4) square feet in area and five (5)
:eet in height, provided it is unlit and is removed within fifteen
(15) days after the close of escrow or the rental or lease has been
accomplished. Signs placed on the rear street frontage are
prohibited. Open House signs not exceeding four (4) square feet in
area and five (5) feet in height are permitted for directing
prospective buyers to property offered for sale.
4. Political siens: Political signs having to do with any issue,
ballot measure, political statements and expressions, or candidate
in any Municipal, County, State or Federal election shall be
permitted subject to the following provisions and any other
applicable provisions within this chapter.
a, Any person, party or group posting signs in the City shall
abide by the provisions herein set forth.
b, All political signs shall be placed, erected, constructed,
painted or assembled, no earlier than thirty (30) calendar
days prior to the election and shall be removed no later than
ten (10) calendar days following the date of the election.
c, A political sign shall not exceed thirty-two (32) square feet
in total area for one side; double-faced signs shall not
exceed thirty-two (32) square feet per side. No signs shall
be placed in a manner that would obstruct visibility of or
impede pedestrian or vehicular traffic, or to endanger the
health, safety, or welfare of the community.
d. All political signs shall not exceed an overall height of
eight (8) feet from the finished grade immediately around$he
~ sign.
/2,11 ~¡, ( Chapter II - Section II.3
10/01/98 VII-2 EastLake II SPA Plans
-' No political signs shall be lighted either directly or
indire:::tly unless said sign is erected, painted or constructed
on an authorized structure already providing illumination,
-, No political sign shall be placed Dr affixed tD a traffic
signal, street light, tree, fence, utility pole or existing
sign, nor shall be posted on any public property or in the
public right-of-way, if in the opinion Df the Director Df
Planning, said sign impedes Dr renders dangerous public access
tD any public improvement, including but not limited tD
utility poles and fire hydrants; or obstructs the vision of
any sign designed to regulate, control or assist public Dr
private transportation or Dbstructs the vision Df any user of
a public right-of-way,
g. No political sign shall be posted in violation Df any prDvi-
sions Df this chapter. Further, the Director Df Planning or
his designee shall have the right to remove all signs placed
contrary to the provisions Df this section. Any political
sign placed Dn private property without the consent Df said
private property Dwner may be removed by said owner or
representative uf said owner.
5. nontractDr or Construction Sions' FDr residential projects greater
than four (4) dwelling units, commercial and industrial projects,
two (2) directory signs shall be permitted Dn the construction site
for all contractors (may include financial institutions, real estate
agents, subcontractors, etc.) not exceeding thirty-two (32) square
feet each, unless legally required by government contracts tD be
larger. No sign shall exceed eight (8) feet in Dverall height and
shall be located nD closer than ten (10) feet tD any property line.
Such sign shall be removed upon the granting of Dccupancy by the
City. FDr all Dther projects, a total of two (2) signs per develDp-
ment site may be installed with a maximum Df four (4) square feet in
ar.,a and five (5) feet in height for each sign. Such sign(s) shall
be removed upon finalization of building permits.
6. F'.lture Tenant Identification Sicm' Future tenant identification
signs may be placed on vacant Dr developing property to advertise
the future use of an approved project Dn the property and where
information may be Dbtained. Such signs shall be limited tD Dne (1)
per fronting street and tD a maximum Df ninety-six (96) square feet
in area and twelve (12) feet in Dverall height each. Further, such
signs shall be placed nD closer than ten (10) feet to any property
line. Any such sign shall be removed upon finalization Df building
permits. Where a project has in excess Df 600 lineal feet Df frDnt-
age, one additional sign for each 600 lineal feet is allowed.
7. R=al Estate Sions for Sale Df Commercial Dr Industrial ProDertv: One
11) sign per street frontage not tD exceed thirty-two (32) square
feet in area tD advertise the sale, lease Dr rent Df such property,
~ No such sign shall exceed eight (8) feet in overall height and s!.<all
not be located within the public right-of-way. Where a property'has
J~.4~~2 Chapter II - Section 11.3
10/01/98 VII-3 EastLake II SPA Plans
~n excess of 600 lineal feet of frontage, one add~ ':ional sign for
each 600 lineal feet is allowed.
8. Tnterior sicrns within a structure or building when not visible or
readable, nor intended to be read from off-site or from outside of
~he structure or building.
9. Tdentification siems for a business sørvice or usø no greater than
::our (4) square feet in area may be permitted. Said signs shall not
be visible from the public right-of-way, shall be attached to the
main building, shall be for pedestrian traffic, and shall not other-
wise require a building permit,
10. Mømorial tablets Dlacrues or directional siems for community
historical resources, installed by a City recognized Historical
Society or civic organization.
11. Convenience siems and secondarv directional siems not exceeding four
(4) square feet in area (see SPA Plan).
12. ?øsidential buildincr identification siems used to identify indi vid-
ual residences and not exceeding four (4) square feet in area.
13. Onø name Dlate per parcel not exceeding four (4) square feet in area
::or single family residential uses and agricultural uses.
l4. Official and lecral notices issued by any court, public body, person,
or officer or in furtherance of any nonjudicial process approved by
state or local law.
l5. Siems Drovidincr direction warnincr or informationa' siems or struc-
':ures required or authorized by law or by Federal, S':ate, County, or
City authority.
16. h sincrle official f]acr of the United States of America and/or two
(2) flags of either the State of California or other states of the
United States, counties, municipalities or official flags for
nations, and flags of internationally or nationally recognized
organizations or the company flag. Flags shall be a maximum of five
(51 feet by eight (8) feet unless otherwise specifically approved on
a Site Plan.
l7. Siems of Dublic utilitv comDanies, indicating danger or which serve
as an aid to public safety, or which show locations of underground
facilities or public telephones.
l8. Safetv sicrns on construction sites.
19. O'-¡ø (1) freestandincr time and temDerature sian that conveys time and
':emperature only and not exceeding twelve (12) square feet in area
nor fifteen (15) feet in height, or not higher than the roofline,
whichever is less, when combined with business identification in
~ accordance with Section VII. 3, and-counted toward sign area for~the
freestanding sign,
/-24'--~;J Chapter II - Section 11.3
lO/Ol/98 VII-4 EastLake II SPA Plans
20, a:oø (1) wa'1 mounted timø and -ømDøratu-ø °iem tha~ =onveys time and
temperature only not exceeding twelve (l2j square :'eet in area shown
when combined with business identi:'i=ation in a=cordance with
Section VII.3, and counted toward sign area for the wall sign.
2L "No TresDassina" , "no parking", and similar wa=ing signs not
exceeding four (4) square feet.
22. Sians on Dublic transDortation vehic1øs regulated by a political
subdivision, including but not limited to buses and taxicabs.
23. Sians on licensed commercial vøhicles, provided such vehicles are
not used or intended for use as portable signs or as may be pro-
hibited in Section VII.LB.
24. k chancre of CODV conforming to an approved Comprehensive Sign Pro-
gram. All other changes of copy shall comply with Section VII.1.
25. ~ncidental sians for automobile reDair stores aasoline service
s":ations automobile dealers with service reDaiTs motels and
~, showing notices of services provided or required by law,
trade affiliations, credit cards accepted, and the like, attached to
a freestanding sign, structure or building; provided that all of the
:'ollowing conditions exist:
a. The signs number no more than four (4).
b. No such sign project beyond any property line.
c. No such sign shall exceed an area per face of four (4) square
feet.
26. CODV aDDlied ":0 fuel DumDS or disDensers by the manu:acturer such as
:'uel identification, station logo and other signs required by the
law.
27. AaTicultural sians, either wall or freestanding types, non-illumi-
nated, and not exceeding four (4) square feet for lo":s two (2) acres
or less and sixteen (16) square feet for lots grea":er than two (2)
acres, identifying only the agricultural products grown on the pre-
mises. The number of such signs shall be one (1) per street front-
age or a maximum of two (2), with all signs to be located below the
roofline and freestanding signs to be no higher than eight (8) feet.
B. Prohibi'ed Siems' All signs not expressly permitted are prohibited in all
zones, including but not limited to the following:
L Roof signs.
2. Flashing signs (except time and temperature signs).
""- 3. F~.,imated signs (conveying the illusion of motion), --
4. ~evolving or rotating signs.
/el/J ~tÞf Chapter II - Section 11.3
10/01/98 VII-S EastLake II SPA Plans
5. Vehicle signs (when parked Dr stoored on p"operty to ~dentify a busi-
ness Dr adve"tise a product),
6. Portable signs (except where permitted in this chapter).
7. Off-site signs (except temporary subdivision signs).
8. Signs within the public right-of-way (except those required by a
governmental agency). No sign shall be so placed, erected or con-
structed on a utility pole, traffic device, traffic sign, warning
sign, or so as to impede access to any public imp"ovement, Dr to
","storuct the vision of any such signs except as may be permitted in
Section VII.1.A.4 of this Chapter.
9. Signs located on public property except as may be permitted in by
Section VII.1.A.4 of this chapter or those required by a govern-
mental agency.
10. Signs within the public right-of-way prohibited by the Streets and
Highways Code (Sec. 101 et. seg. and Sec. 1460 et. seg.), the
Vehicle Code (Sec. 21400 et. seg.) and the Public Utilities Code
(Sec. 7538 et. seg.).
11. Signs blocking doors or fire escapes.
12. Outside light bulb strings and exposed neon tubing outside of
building (except for temporary uses such as Christmas tree lots,
carnivals and other similar events with prior approval of the City).
13. Banners, flags, pennants and balloons (except as permitted ~n
Section VII.A.16 and except for special events as p"ovided for in
tohis chapter in Section VII.2.A.3).
14. :nf1atable advertising devices of a temporary nature, including hot
ai" balloons (except for special events as provided for in this
Chapter in Section VII.2.A.3).
15. Advertising stoructures (except as otherwise permitted in this chap-
ter).
16. Statuary (statues Dr sculptures) advertising products or logos of
the business that are located outside of the structure that houses
the business.
17. The use of decals, stick-on or transfer letters, Dr tape on the
",alls or parapets of buildings, fences, walls or other structures.
18. Readerboard/changeable copy signs, either electric Dr non-electric
except as permitted in this chapter.
19. Signs which purport to be Dr are an imitation or resemble official
"'- t"affic warning devices Dr signs, that by color, location or li~ht-
ing may confuse Dr disorient vehicular 'Dr pedestrian traffic. This
/;2 ~ ---t-S- Chapter II - Section II.3
10/01/98 VII-6 EastLake II SPA Plans
does not include traffic or directional signs insta"led on private
property to control on-site traffic.
C. Sians Rølatino to Inonerative Activi~ies' Signs pertaining to activities
or businesses which are no longer in operation, except for temporary
closu"es for repairs, alteration or similar situations, shall be rem::>ved
from the premises or the sign copy shall be removed within thirty (30)
days after the premises has been vacated. Any such sign not removed
within the specified time shall constitute a nuisance and shall be subject
to rem::>val under the provisions of this chapter and local ordinance.
D. Enforcømønt Leoal Pro~es and pønalties: Enforcement, legal proce-
dures and penalties shall be in accordance with the enforcement procedures
established by the Municipal Code. Unauthorized illegal signs may be
abated by the City in accordance with local ordinance. If said sign is
stored by the City the owner may recover said sign from the City upon
payment to the City of any storage and/or removal charge incurred by the
City. The minimum charge shall be no less than three dollars ($3.00) per
sign. All signs removed by the City may be destroyed thirty (30) calendar
days following removal. If any sign, in the opinion of the Director of
Planning, is an immediate threat to the public health and safety, said
sign shall be immediately and summarily removed with the cost of said
removal charged to the property owner in accordance with local ordinances.
E. Const~~c~on and Maintenance.
L Construct; on. Every sign and all parts, portions, and materials
shall be manufactured, assembled, and erected in compliance with all
applicable State, Federal, and City regulations an the Uniform
Building Code.
2. Maintenancø: Every sign and all parts, portions, and materials
shall be maintained and kept in proper repair. The display surface
o! all signs shall be kept clean, neatly painted and free from rust
and corrosion. Any cracked or broken surfaces, and malfunctioning
::>r damaged portions of a sign shall be repaired or replaced within
thirty (30) calendar days following notification of the business by
the City. Noncompliance with such a request will constitute a
nuisance and will be abated. Any maintenance, except a change of
copy, which does not involve structural change, is permitted.
VII. 2 Sign Regulations
Sign permits may be issued for signs included under this section provided the
signs are in compliance with all other applicable laws and ordinances.
A. Sians Permitted in any Land Use District.
The following signs may be permitted in any land use district. These
signs are in addition to those signs expressly permitted in each land use
"-.- district and are subject to the provisions listed: --
/.Jqri? Chapter II - Section 11.3
10/01/98 VII-? EastLake II SPA Plans
1. r":Jvøniønrø Sicns, On-site signs no greater than six (6) square
õeet necessary for public convenience or safety may be approved by
the Director of Planning or his designee. Signs containing informa-
tion such as "entrance," "exit," or directional arrows shall be
designed to be viewed from on-site or from an area adjacent to the
site by pedestrians or motorists. Signs that convey advertising or
products shall not be considered a convenience sign.
2. Comurehensive Sian Proaram for Commercia] and Industria] Zonøs' A
Comprehensive Sign Program shall be developed for all commercial and
industrial centers consisting of four (4) or more tenant spaces,
~ne purpose of the program shall be to integrate signs with building
and landscaping design into a unified architectural unit. This
shall be achieved by:
a. Using the same background color on all signs.
b. Using not more than three (3) different colors for sign
lettering.
c. Using the same type of cabinet supports, or method of mounting
for signs of the same type, or by using the same type of con-
struction material for components, such as sign copy, cabinets
and supports, or by using dissimilar signing determined
compatible by the Director of Planning.
d. Using the same form of illumination for all signs, or by using
varied forms of illumination determined compatible by the
Director of Planning.
_. Allowing the use of different colors for logos.
3. S"øcia] Event Sians: Special event signs m"y be approved for a
:imited period of time as a means of publicizing special events such
as grand openings, new management, inventory sales, Christmas tree
:ots, parades, rodeos, and fairs that are to take place within
EastLake I;h.
a. Communitv SDecial Events such as a rodeo or community fair may
be permitted the following signage:
(l) No more than four (4) off-site signs up to thirty-two
(32 ) square feet and eight (8) feet in height to
publicize the event indicated above.
(2) Temporary advertising signing consistent with the
requirements set forth in Section VII.l.A.2.
b. Commercial SDecial Events such as grand openings, Christmas
tree lots, painted seasonal holiday window displays, and
notice of new management may be per1"..itted the following
signage: --
""-
J;2ô '-k l Chapter II - Section 11.3
lO/Ol/98 VII-8 EastLake II SPA Plans
(1) No more than one (1), thirty-two (32) square foOJt OJr
smaller, eight (8) feet in height, on-site, freestand-
ing, special event sign.
(2) All other on-site special event signs can be either wall
and window signs, flags, banners and pennants. Inflat-
able advertising devices of a temporary nature may be
permitted. In no case shall any signage, flag, pennant,
inflatable device or banner be placed in a location not
approved by the Director of Planning.
4. On-Site Subdivision Sicrns,
a, One (1) temporary, on-site subdivision sign not to exceed 64
square feet total area for two (2) sides or 32 square feet for
one (1) side and total overall height of twelve (12) feet may
be permitted on each Circulation Element street frontage of
the property being subdivided, not to exceed two (2) such
signs for all phases of any subdivision; otherwise a maximum
of one (1) sign is permitted.
b. Such sign shall be for the identification of a subdivision,
price information and the developer's name, address and
telephone number.
c. Such signs shall be removed within ten (10) calendar days from
the date of the final sale of the land and/or residences or
within twenty-four (24) months, whichever comes first. Exten-
sions of twelve (12) months may be approved by the Director of
Planning.
d, Signs shall be maintained in good repair at all times.
e. A cash deposit of three hundred dollars ($300) per sign shall
be deposited with the sign application to ensure compliance
with this chapter and removal of such sign. Said deposit
shall be refunded to the applicant upon sign removal by the
applicant. If the City is forced to remove any signs, then
the cost of removal shall be deducted from the deposit.
5. Off-Site Subdivision Directional Sicrn.
a. A maximum of four (4) signs may be used to lead customers to
the site.
b. Signs shall be made of panels which shall be no longer than
seventy-two (72) inches by twelve (12) inches each and shall
be grouped on a single, double or four-sided kiosk. Such
structure shall contain no more than seven (7) panels per side
nor exceed seven (7) feet in height.
c. A sign kiosk shall be located not less than three hunsred
"'- (300) feet from an existing approved sign site Further,each
sign may only -contain the name of the plam'led community,
/J.4 ~¿, Ý Chapter II - Section II. 3
10/01/98 VII-9 EastLake II SPA Plans
subdi';ision, developer or development logo and a directional
arrow.
_. The placement of each sign structure and its copy shall be
reviewed and approved by the Director of Planning prior to
installation.
-. All kiosks that are to be placed on private property shall be
with prior written consent of the property owner, to allow the
City, in the event of noncompliance, to enter said property
and remove the sign. A copy of said consent shall be filed
with the Department of Planning prior to the acceptance of a
sign permit application.
_. A kiosk location plan shall be prepared showing the site of
each kiosk and shall be submitted to and approved by the
Director of Planning prior to the acceptance of a sign permit
application.
g. Any sign approved for a particular subdivision within EastLake
II shall not be changed to another subdivision without prior
approval of the Director of Planning.
... There shall be no addition, tag signs, streamers, devices,
display boards, or appurtenances added to the sign as origi-
nally approved. Further, no other directional signing may be
used as posters, portable signs, vehicle signs, trailer signs
or temporary subdivision (bootleg) signs.
i. All off-site subdivision signs not conforming to this ordi-
nance shall be deemed a public nuisance and removed prior to
the program.
, A three hundred dollar ($300) cash deposit shall be placed
with the City to ensure compliance with this chapter. Any
sign placed contrary to the provisions of this chapter may be
removed by the City and the cost of removal shall be deducted
from said deposit. Additional costs incurred by the City
resulting from the removal of illegal signs shall be charged
to the developer.
K. Said sign shall be allowed until the units within the subdivi-
sion are sold out, or for a period of twenty-four (24) months,
whichever occurs first. Extensions of twelve (12) months may
be approved by the Director of Planning.
VII.3 Sign Design Standards
Each sign shall be designed with the intent and purpose of complementing the
~ arc:"itectural style of the main building or buildings, or type of business on~the
site, and to the extent possible, signs located on commercial sites; but ~n a
/24 ~¿f 1 Chapéer II - Section 11.3
le! C1!98 VII-lO EastLake II SPA Plans
~::-",:iominantly ::-"'sident~al area, shall tak", into consideration compatibility witt
the resident~al area.
A. Relat;onshiD to Buildinas: Signs located upon a lot with only one main
building housing the use which the sign identifies, shall be designed to
be compatible with the predominant visual elements of the building, such
as construction materials, color, or other design details. Each sign
located upon a lot with more than one main building, such as a shopping
cente::- or other commercial or industrial area developed in accordance with
a common development plan, shall be designed to be compatible with
predominant visual design elements common or similar to all such buildings
or the buildings occupied by the "main tenants" or principal uses.
The D~rector of Planning may condition approval of any sign to require
such visual elements to be incorporated into the design of the sign where
such eleme:1t(s) is necessary to achieve a significant visual relationship
betwee:1 the sign and building or buildings.
B. Relatio:1shiD to other siens. Where there is more than one (1) freestand-
ing sign located upon a lot, all such signs shall have designs which are
complementary to each other by either similar treatment or incorporation
of one (1) or more of the following five (5) design elements:
J.. Type of construction materials (such as cabinet, sign copy, sup-
ports);
2. Letter style of sign copy;
3. Type or method used for supports, uprights or structure on which
sign is supported;
4. Sign cabinet or other configuration or sign area; or
5. Shape of entire sign and its several components.
C. Landsca'O;na: Each freestanding sign shall be located in a planted land-
scaped area which is of a shape, design and size (equal to at least the
maximum allowable sign area) that will provide a compatible setting and
ground definition to the sign. The planted landscaped area shall be
maintained in a neat, healthy and thriving condition.
D- Illumina"ion and Mo"ion' Signs shall be non-moving stationary structures
(in all components) and illumination, if any, shall be maintained by
artificial light which is stationary and constant in intensity and color
at all times (non-flashing).
E. Sian Co'Ov' The name of the business, use, serve and/or identifying logo
shall be the dominant message on the sign. The use of advertising infor-
mation such as lists of products (more than one product), is prohibited.
F. Relatio:1shi'O to Streets: Signs shall be designed so as not to obstruct
"- any pedestrian, bicyclist or driver's view of right-of-way. --
/~-?¿; Chapter II - Section II.3
10/01/98 VII-ll EastLake II SPA Plans
SECTION VIII: orr-STREET PkRKING
v:n. 0 Purpose
1-.11 regulations set forth in this section are for the purpose of providing
convenient off-street parking space for vehicles. The parking requirements of
this section are to be considered as the minimum necessary for such uses
permitted by the respective zone.
':he intent of these regulations is to provide adequately designed parking areas
with sufficient capacity and adequate circulation to minimize traffic congestion
and promote public safety. It shall be the responsibility of the developer,
o"mer or operator of the specific use to provide and maintain adequate off-street
parking.
The provisions and standards set forth in this section apply primarily to
non-residential uses. The standards for residential uses are included in Section
11.3, Property Development Standards: Residential Districts.
VIIL1 General Provisions
A. Off-street parking facilities, for both motor vehicles and bicycles, shall
be provided for any new building constructed, for any new use established,
for any addition or enlargement of an existing building or use, and for
any change in the occupancy of an exiting building.
B. For additions or enlargement of any existing building or use, or any
change of occupancy or manner of operation that would increase the number
of parking space required, the additional parking spaces shall be required
only for such addition, enlargement, or change and not for the entire
building or use, unless required as a condition of approval of a
Conditional Use Permit.
C. The required parking facilities needed for any development shall be
located on the same site, or if an irrevocable access and/or parking
easement is obtained, the parking may be on an adjacent site. Property
within the ultimate right-of-way of a street or highway shall not be used
to provide required parking or loading or unloading facilities.
D. The requirements of this ordinance shall apply to temporary as well as
permanent uses.
E. All required off-street parking spaces shall be designed, located,
constructed and maintained so as to be fully usable during workday periods
or as needed by the use of the premises.
F. Where the application of these schedules results in a fractional space
then the fraction shall be rounded to the higher whole number.
~ G. The parking requirement for uses not specifically listed in the matrix
shall be determined by the approval body for the proposed use on the basis
10/01/98 /c2/)r ?) Chapter II - Section II.3
VIII-I EastLake II SPA Plans
Df :-e::r~i:-ements :D:- similar uses, and Dn any traffic engineering and
plar-xing data that is appropriate to the establishment of a m~n~mum
requi:-ement.
... In the calculation Df parking requirements for village centers, Dff-peak
hour uses from the normal Dperating hours Df the center shall not be
counted toward the pa:-king requirement.
-, In situations where a combination Df uses are developed Dn a site, parking
shall be provided for each Df the uses Dn the site according tD the
schedule given in this section. Where residential and commercial uses are
mixed, reduced guest parking may be permitted by the Zoning AdministratDr
in consideration Df shared parking with the commercial uses.
u. A maximum Df 25 percent (1/4) Df the parking spaces required Dn any site
may be provided as "cDmpact" spaces for non-residential uses.
I:. Tandem parking shall not qualify as required parking unless specifically
approved by the Planning Commission.
L. Required parking may be reduced by the Planning Commission with approval
Df a CDndi tiDnal Use Permit.
L Any us~ not sufficiently soecified herein as determined bv the DirectDr
Df Pla!'_,,-inq or wh~re the oarkinq for a use mav reQUire additional detail
the o:-ovisiDns Df Titl~ 19 0: the Chula Vista Municioal Code relative tD
oarkinc shall be aoolied
VZII.2 Schedule of Off-street Parking Requirements
~ MINIMUM OFF-STREET DARKING REQUIRED
... Adminis.~a'ive and Professional I space/300 square feet of gross
S~rvices as listeà ~F. Seetien floor area; minimum of 4 spaces.
:11.1.7..
B. ShDDDina C"nters and General I space/200 square feet Df gross
Commercial Uses ae Ls~eà i" floor area.
Stctien :::.:.B. except as noted
below:
1. Eating & drinking establish- 1 space/each 2.S seats Dr 1 space/50
ments square feet Df seating area where
there are no fixed seats.
a. Fast food restaurants 1 space/each 7 seats plus one (1)
,,'ith drive-in or drive space per employee, minimum 15 spaces
~hrDugh and an Dn-site queue line for at
least eight (8) vehicles when drive
through is included.
~ 2. Gasoline dispensing and/or 2 spaces plus four (4) for eachs-er-
automotive services stations vice bay.
10/01/98 / 02./l- ?;¿ Chapter II - Section 11,3
VIII-2 EastLake II SPA Plans
3. App:~ance and/or furniture 1 space/600 square feet of g::-oss
sto::-es floor area.
4. Hotels and motels 1 space per unit plus 1 space for
every 25 rooms or portion thereof
provided on the same lot.
5. Auto and/or truck sales 1/10 the car storage capacity of the
facility.
6, Medical and dental offices or 1 space/200 square feet of gross
clinics, veterinary offices floor area; minimum of 5 spaces.
or clinics
7. Commercial recreation facili-
ties'
a. Bowling alleys, billiard 5 spaces/alley plus 2 for each bil-
halls liard table plus required parking for
other uses on the site.
b. Commercial stables 1 space/5 horses boarded on-site.
c. Driving range (golf) 1 space/tee plus requi::-ed parking for
any other uses on the site.
d. Golf course (regulation) 6 spaces/hole plus required parking
for any other uses on the site.
e. t1iniature golf 3 spaces/hole plus required pa::-king
for any other uses on the site.
f. Skating rinks 1 space/l00 square feet of gross
floor a::-ea.
g, Tennis, handball, and 3 spaces/court plus ::-equired parking
::-acquetball facilities for any other uses on the site.
h. Theaters
(1) Motion picture 1 space/3.5 seats.
(2) Playhouse 1 space/3.5 seats.
"?¿rking may be reduced by Director of Planning when facility is provided as a residential
de'.'eèopment amer," ty, recognizing that some local residents will not drive to facili ties.
-'C... --
10/01/98 J.1/l,,- /3 Chapter II - Section 11.3
VIII-3 EastLake II SPA Plans
C. ?ubli~ a~~ S~mi-?ublic Us~s
L Day nurseries, day care 1 space/staff member plus 1 space/5
scho:ols children or 1 space/10 children if
adequate drop-off facilities are
provided. Drop-off facilities must
be designed to accommodate a contin-
uous flow of passenger vehicles to
safely load and unload children, The
adequacy of drop-off facilities pro-
posed shall be determined by the
Director of Planning.
2. Convalescent and/or nursing 1 space/3 beds.
homes (congregate care facil-
ities)
3. Hospi ::als L 5 spaces/bed.
4. Educational institutions,
priva::e
a. Elementary and junior 1 space per employee plus 5 spaces.
::igh school
b. Senior high schools 1 space per 4 students.
c. Colleges and vocational 0.5 space/faculty member and employee
schools plus 1 space/3 students.
d. Churches, convents, mon- 1 space/3.5 seats within the main
as::eries, other reli- auditorium or 1 space/45 square feet
S-ious institutions, and of gross floor area within the main
D~her spaces of public auditorium where there are no fixed
assembly seats.
5. Public Utilities To be de::ermined by the Director of
Planning.
D. ManufacturinG Uses 1 space per 1.5 employees or 1
space/800 square feet of gross floor
L Manufacturing area devoted to manufacturing plus
the required parking for square foot-
age devoted to other uses, whichever
is greater. Ten (10) percent of the
spaces provided must be designed for
use by carpools.
2. Research and Development 1 space/300 square feet of gross
floor area. Ten (10) percent of the
spaces provided must be designed for
"',,- use by carpools. --
10/01/98 /c2/}~?ý Chapter II - Section 11.3
VIII-4 EastLake II SPA Plans
, Sto::age 1 space/l,OOO squa::e feet of g::oss
area for the first 2C,000 square feet
devoted to storage plus the required
parking for square footage devoted to
other use. 1 space/2,000 square feet
for the second 20,000 square feet. 1
space/4,000 square feet for area in
excess of 40,000 squa::e feet.
E. Sinqle Familv Residential and Indicated in their ::espective land
Multinl~ ~amilv Residential use dist::icts.
, Seni6:: Housing p::ojects 1 space/bedroom (may be reduced by
City Council).
-. HandicaDD~d Parkincr Recruirements
Handicapped parking requirements are established by the State of California.
The parking standards contained in this section are identical to those
established by the State. Any future change in the State handicapped parking
standa::ds would preempt the requirements given in this section.
1. Handicapped parking for residential uses shall be provided at the rate
of one space for each dwelling unit that is designed for occupancy by
the handicapped.
2- Handicapped parking spaces shall be provided for all uses other than
resiåential at the following rate:
Numbe:: of Automobile Number of Handicapped
Snac~s Proviå~d Snaces Rem.:ired
1 - 40 1
41 - 80 2
81 - 120 3
121 - 160 4
161 - 300 S
301 - 400 6
401 - 500 7
Over 500 7 + 1 for each 200
additional automobile
spaces provided
3. Handicapped parking spaces required by this section shall count toward
fulfilling automobile parking requirements.
G. Bicvcle Parkinq Recruirements
The matrix below contains the minimum bicycle parking requirements. Only
those uses identified in the matrix are required to install bicycle parking.
>:... Bicycle parking facilities shall be stationary storage racks or dev~ces
åesigned to secure the frame and wheel of the bicycle.
10/['1/98 J d 4 - ? 5 Chapter II - Section II. 3
VIII-S EastLake II SPA Plans
Minimum
~ E'-v-lp parkin= Recruired
1. Administrative and Profes- 5 spaces
sional Services over 20,000
square feet of gross floor
area
2. Shopping centers with 50,000 1 space/33 automobile parking spaces
square feet of gross floor required
area
3. Eating and drinking 2 spaces
establishments
a. Fast food restaurants, 5 spaces
coffee shops, delicates-
sens, etc.
4. Medical and dental offices or 2 spaces
clinics, veterinary offices
or clinics
5. Commercial Recreation 1 space/33 automobile parking spaces
required
6. Hospitals 4 spaces
7. Churches 4 spaces
E. Motorcvcle Off-StrePt Parkina Recruirpmpnts
Motorcycle parking areas shall be provided for a:l uses, except residential,
at the following rate:
1. Uses with 20 to lOO automobile parking spaces shall provide one
designated area for use by motorcycles.
2. Uses with more than 100 automobile parking spaces shall provide motorcy-
cle parking areas at the rate of one motorcycle parking area for every
lOO automobile parking spaces provided.
"'- ~
lO/01/98 /)/j-lt Chapter II - Section II.3
VIII-6 EastLake II SPA Plans
V=:I.3 Property Development Standards: Off-street Parking
'7:1" following property development standards shall apply to all land, buildings,
~d uses authorized by the Planned Community District Regulations.
r.. Genera' RÞcruirÞmønts
The following are minimums unless otherwise stated:
1. Residential
a. Cover"d in a garage or carport: 10' x 20' each space
b. Uncovered: 9' x 18.5' each space
2. hll others shall use Parking Table, On following page.
3. Motorcycle parking space: 4 feet by 8 feet.
4. Bicycle parking space: 2 feet by 6 feet.
5. Automobile, handicapped, motorcycle and bicycle: All parking stalls
and maneuvering areas shall be paved and permanently maintained with
asphalt, concrete, or any other all-weather surfacing approved by
the Director of Planning and subject to current city standards.
6. Striping and Identification
a, Automobile: All parking stalls shall be clearly outlined with
double lines On the surface of the parking facility.
b. Handicapped: All handicapped spaces shall be striped and
marked according to the applicable State standards.
~. Motorcycle: All motorcycle spaces shall have bollards instal-
led and appropriately spaced to prevent automobile usage of
the motorcycle area. Motorcycle spaces shall be marked so
that they can be clearly identified for motorcycle usage.
d. Bicycle: All bicycle spaces shall be clearly identified.
~ ~
10/01/98 /c24,--?? Chapter II - Section 11.3
VIII-? EastLake II SPA Plans
PA"". 1 A . l [
Ala CID E F G IA 8 CID EIF,G
B'O" BO 1":0 23.0 2B.3 u I
B'6- B.5 11.0 13.0 29.0 -- B'6. 10.7 1S.5 9,B 51.11"'6
O. 9'0- 9,0 11.0 23,0 30.0 .. 60' 9'0. 11.0 18.0 10.' 6G.0 ".5
9'6- 9.5 11.0 2J,0 JLO u 9'6. 21.2 18.0 11.0 6C.' \5.6
10'0. 10.0 12 0 2J,0 J2.0 u 10'0. ?1 5 18 11 5 51 0, \5.0
I
8'0" 1uI1U 23.4 40.0 J1. \
8'6. 14,5 12.0 24.9 41.0 32.0 9'0. 2)0!",0 9,6 610157,9
2C. 9'0- 1\,0 11.0 26.J 42.0 32.5 70' 9'6. 21.2 18.\ 10,1 5C 9 57.7
9'6. 15.5 12.0 27.B 43.0 J3.1 10'0" 21.2 18.0 10,6 60 4j 57.0
10'0. 1\.9 12 0 29,2 43.B J3.4
8'0. 16 5 12.0 16.0 45.0 37.1, 24,0 9,1 6' .31 61.7
8'6. 16.9 11.0 17.0 4\.8 37,4 9'0. 20.3
3C' 9'0- 17.3 11.0 lB.O 46.6 37.B 80' 9'6. 2C,4 24.0 9,6 6"1 62.7
9'6- 17.8 11.0 '19.0 47.6 38.4 10'0. 1C.\ 1<.0 10.1 ""C 63 3
10'0- 18 1 11.c 20.0 48.4 3B.7
B'6- 19,' D.5 12.0 52.3 46.5 9'0. 19.C 24:0 9.0 6201 u
<5' 9'0. 19.8 lJ,O 12.7 51.5 46.5 9C' 9'6. 19.0 24.0 9,5 61.0 --
9'6- ;~.1 13,0 ~ ~.4 53.J 46.5 10'0. 19.0 24.0 10.0 61,0 ..
110'n' , n <4 n I" 9
"'in. 5ta11 Widths A.erage 9"'" ar.. re,uired fer parkin9 cne car "
\tc. Compact d~!f:r;~~ :~~:~~: 30. .310 sq.ft. 60" 180 s,.ft.
E7 ~O'-<O'
8'8' 7'6' .. 41.-60. lO..J50Sq.ft, 40'.2eosq.ft. 80..275s,.ft.
9'0. 7'6. . 61.-90' 20' .400 sq.ft. 50..270 ...ft. 90'.275 Sq. ft.
'Hcteo a¡ ecmoact space 7,>' X 15' . standard. I~
b Add I' In width fer all sta11s
adjacent tc any strvctu"". /Yífì5Q
A PARKllle AlleLE I B
B STALL WIDTH j I r
c STAlL 10 CUR8
0 AISLE WIOTH G F 0
E CURS LWeTH PER CAR ~
F WR8 TO WR8
G STAlL CEHTER 1 I I
.L: .L:
~E-1
3. Motorcycle parking space: 4 feet by 8 feet.
4. Bicycle parking space: 2 feet by 6 feet.
5. Automobile. handicapped. motorcycle and bicycle: All parking stalls
and maneuvering areas sha 11 be paved and permanently maintained with
asphalt. concrete. or any other all-weather surfacing approved by
the Director of Planning and subject to current city standards.
~ -
3.0/03./98 / 2/9 ~ ?g-- Chapter II - Section II.3
VIII-8 EastLake II SPA Plans
_. SD~~' a ?~cruir~m~"l'S
l. Any unused space resulting from the design of the parking area shall
be used for landscaping purposes.
2. 1..l1 parking lot landscaped islands shall have a minimum i:1side
dimension of four (4) feet and shall contain a twelve (1.2) inch wide
walk adjacent to parking stall and be separated from vehicular areas
:oy a six (6) inch high, six (6) inch wide Portland cement concrete
curb.
3. kll landscaping areas shall be irrigated automatically and kept in
a healthy and thriving condition free from weeds, debris and trash.
4. kll parking facilities shall have lighting in accordance with the
current City standards. The lighting shall be designed and instal-
led so as to confine direct rays to the site. Parking lot lights
shall be a maximum height of eighteen (1.8) feet from the finished
g=ade of the parking surface and directed away from the property
lines.
5. ~-ll parking facilities shall be graded and drained so as to provide
for the disposal of all surface water on the site.
6. ::1 any R zone except RC and RM, the parking of motorized and
:-Jon-motorized vehicles shall be subj ect to the following
=equirements:
a. No motorized or non-motorized vehicle shall be parked, stored
and kept in the front yard except on land adj acent to the
driveway or in the driveway.
~. If motorized or non-m::"oorized vehicles are to be pa=ked,
stored, or kept on the lot, other than as pe=mitted in "a,"
above, they must be for the personal use of the resident,
VI::I. 4 Performance Standards: Off-street Parking
A. All pa=king facilities required by this ordinance shall be maintained in
good operating condition for the duration of the use requiring such
facilities. Such facilities shall be used exclusively for the parking of
vehicles. The parking facilities shall not be used for the storage of
mercha:-Jdise, or for the storage or repair of vehicles or equipment.
Parking facilities shall not be used for the sale of merchandise, except
on a temporary basis pursuant to Section VI.O (Temporary Uses).
B. All shopping centers that use shopping carts shall provide convenient and
safe on-site storage areas for the shopping carts.
C. Handicap, motorcycle, and carpool parking areas, when required, shall be
located within close proximity of the entrance to the facility. ~
~
1.0/01/98 /02.d~ /1 Chapter II - Section II.3
VIII-9 EastLake II SPA Plans
SECTION IX: hDMINISTRATION
IX.D Purpose
,:",.. Land Use District Map and these Planned Community District P....gulations shall
b.. administered as provided for herein.
IX.1 Standard Procedures
J... General: The Administrative Procedures, Conditional Uses, and Variances,
Chapter 19 .14 of the Chula Vista Municipal Code, shall be utilized as
applicable to the administration of the Planned Community of EastLake II.
B. Sectional Planning Areas (SPA) and Section Planning Areas Plans (SPA
Plans). The administration of SPA Plans shall be as provided for in
Section 19.48.090 through Section 19.48.130 inclusive of the Chula Vista
Municipal Code, except that the Director of Planning may accept less
detail or require additional detail to suit the scope of the SPA.
IX.2 Administrative Review
A. Purpose: Certain uses may vary greatly in its effect depending on the
scope, location, or exact circumstances. In order to avoid the permitting
of these uses without any formal review, and to relieve the Planning
Commission and City Council of formally reviewing uses which have insig-
nificant or compatible effects, an Administrative Review is established.
B. Application: The Administrative Review is applicable to uses identified
on the Permitted Use matrices herein with the symbol "A".
C. Procedures: The procedure shall be as specified in Section 19.14.030,
Zoning Administration - Actions authorized without public hearing, in the
Chula Vista Municipal Code; except that in addition, the Zoning Adminis-
trator may determine after reviewing the scope, location, or exact
circumstances of the proposed use that the formal hearing process of the
Conditional Use Permit procedure is warranted. If the Zoning Administra-
tor makes the determination that a Conditional Use Permit is warranted,
then the applicant shall be required to comply with the Conditional Use
Permit procedures as specified in Sections 19.14.060 t~ough 19.14.110
inclusive in the Chula Vista Municipal Code.
IX.3 Site Plan and Architectural Approval
A. Purpose: The purpose of site plan and architectural approval is to review
proposed projects to determine compliance with the provisions of those
regulations and to promote orderly and harmonious development with good
-"-.- design character. -
U~~g-C Chapter II - Section II.3
10/01/98 IX-1 EastLake II SPA Plans
_. Appli=a:cion: This approval pro=ess is appl:=able to projects with~n all
distri=::s except RE and RS districts, where the Tentative Tract Map
approval process may be used. Single family detached units on lots
exceeò.ng 5,000 sf <including those in the RE Dr RS districts) may use the
Tentative Map to satisfy the Site Plan Review Requirement. Such single
family units on lots larger than 5,000 sf may, at the discretion of the
developer, apply for Site Plan Review.
C. Proced"res: The procedures shall be as specified in Section 19.14.420
through Section 19.14.480 inclusive.
IX.4 Other Provisions
In the event :chat these regulations do not address any particular matter relevant
to the proper development and use of property within EastLake 1;[, the provisions
DO Title 19 DO the Chula Vista Municipal Code shall apply.
""'- -
Jd,rJ ~ 8"/ Chapter II - Section 11.3
10/01/98 IX-2 EastLake II SPA Plans
RESOLUTION /9:2?~
-
RESOLUTION OF THE CITY OF CHULA VISTA CITY COUNCIL
APPROVING AMENDMENTS TO THE CHULA VISTA GENERAL PLAN,
EASTLAKE II GENERAL DEVELOPMENT PLAN, EASTLAKE GREENS
SECTIONAL PLANNING AREA (SPA) PLAN, EASTLAKE GREENS PUBLIC
FACILITIES FINANCING PLAN, EASTLAKE GREENS AIR QUALITY
IMPROVEMENT PLAN, EASTLAKE GREENS WATER CONSERVATION
PLAN AND EASTLAKE GREENS DESIGN GUIDELINES; ADOPT A NEW
SECTIONAL PLANNING AREA (SPA) PLAN WITH PLANNED
COMMUNITY DISTRICT REGULATIONS, DESIGN GUIDELINES, PUBLIC
FACILITIES FINANCING PLAN, AIR QUALITY IMPROVEMENT PLAN,
WATER CONSERVATION PLAN AND A COMPREHENSIVE AFFORDABLE
HOUSING PROGRAM FOR 322 ACRES LOCATED EAST OF HUNTE
PARKWAY BETWEEN OTAY LAKES ROAD AND OLYMPIC PARKWAY
I. RECITALS
A. Project Site
WHEREAS, the areas of land which are the subject of this Resolution are
diagrammatically represented in Exhibit A and hereto incorporated herein by this
Resolution, and commonly known as Eastlake Trails residential neighborhood and the
Northern and Southern "Land Swap" parcels. and for the purpose of General description
herein consist of a) 108.8 acres located north of Olympic Parkway between SR-125 and
the existing Eastlake Greens SPA boundaries (Southern "Land Swap" paroel); b) 24.7
acres located on the south side of Otay Lakes Road west of the future SR -125 freeway
alignment (Northern "Land Swap" Parcel); and c) 322.2 acres located east of Hunte
Parkway between Otay Lakes Road and Olympic Parkway (Eastlake Trails); and,
B. Project; Application for Discretionary Approvals
WHEREAS, on March 12, 1997 The Eastlake Company (Owner) filed
applications with the Planning Department of the City of Chula Vista requesting the
following approvals: 1) amendments to the City of Chula Vista General Plan, Eastlake
II General Development Plan (GDP) and Eastlake Greens Sectional Planning Area (SPA)
plan, including amendments to the Eastlake II (Eastlake I Expansion) Planned Community
/ District Regulations, Eastlake Greens Design Guidelines, Eastlake Greens Public
Facilities Financing Plan, Eastlake Greens Air Quality Improvement Plan, and Eastlake
Greens Water Conservation Plan; 2) a new Sectional Planning Area (SPA) plan with
Planned Community District Regulations, Design Guidelines, Public Facilities Financing
Plan, Air Quality Improvement Plan and Water Conservation Plan and a Comprehensive
Affordable Housing Program for 322.2 acres known as the Eastlake Trails Neighborhood
("Project"); and,
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WHEREAS, the proposed amendments to the General Plan include: a) changing
the Retail Commercial land use designation of 15 aores located at the northwest corner
of the proposed Trails SPA area to Low Medium Density Residential; b) relooating a PQ
site from the center to the west end of the SPA; c) relocating Park land use designation
from the center of the Trails SPA to the north end of the Trails SPA, within the Salt
Creek open space corridor; and,
WHEREAS, the proposed amendments to the Eastlake General Development Plan
include: a) adding 50.7 aores of Freeway Commercial (southwest corner of GDP) and
24.7 acres of a new Professional and Administrative Commercial land use designation
to the Eastlake II GDP; b) creating a new 65 acre, Medium High (MH) density
residential parcel with capacity for 750 dwelling units by Merging a Low Medium
Density Residential (8.5 ac) and Future Urban parcels (6.3 ac) in the Greens with the
eastern 58.1 acres of the Southern Land Swap Parcel; c) merging the utility easement
area in the Southern "Land Swap" parcel with the existing Eastlake Greens Open Space
Parcel OS-I; d) adopting a new Community Purpose Facilities Master Plan to distribute
the required CPF acreage for the remaining developable areas in the Eastlake Planned
Community (Greens, Land Swap parcels, Trails, Woods and Vistas SPAs), and allow
youth ball fields on a 4.6 acre Community Purpose Facilities (CPF) parcel in the Trails;
e) increasing the Eastlake II GDP acreage from 2,121.8 to 2,184.6 acres, and the number
of dwelling units from 6,527 to 7,115 to reflect the annexation of the Land Swap Parcel
and the Eastlake Trails replanning; f) changing the existing land use designation of 15
acres located at the northwest corner of the Trails neighborhood from Retail Commercial
to Low Medium residential (3-6 du/ac); g) changing the land use designation of 13.8
acres located in the central part of the SPA from Medium High (11-18 du/ac) to Low
Medium (3-6 du/ac); h) relocating 12.4 acres designated for Public Quasi-public (PQ)
from the center to the northeast end of the SPA, adjacent to the proposed Salt Creek
Park; i) relocating a 12 aore school site (PQ) from the center of the SPA to the southeast
corner of Hunte Parkway and Clubhouse Drive; j) Other changes include: the reduction
of Parks and Recreation land use from 296.2 to 282.2; Future Urban from 72.9 to 7.7
acres and the new Trails SPA plan overall acreage from 393.7 to 322.2 acres (-71.5),
permitted number of dwelling units from 1260 to 1143 (-117 du's).
WHEREAS, the proposed amendments to the Eastlake Greens Sectional Planning
Area (SPA) Plan consist of: a) incorporating the "Land Swap" Parcels into the Eastlake
Greens Sectional Planning Area (SPA) plan as Parcel R-9, Residential Planned Concept,
FC-1, Freeway Commercial and PA-1,Professional and Administrative Commercial; b)
merging the easterly 58.1 acres of the Southern Land Swap parcel with an existing
Eastlake Greens, Low Medium density (3-6 du/ac) parcel targeted for 45 dwelling, and
a 6.3 acre, Future Urban parcel located within the Eastlake Greens SPA, to produce a
65 acre parcel with capacity for 750 dwelling units (12,9 du/ac); c) changing the Eastlake
Greens SPA total acreage from 853.2 to 994.9, and the total number of permitted uses
from 2,738 to 3,443 to reflect the annexation of the "Land Swap" Parcels; d) amending
the text and statistics of the Eastlake II (Eastlake I Expansion) Planned Community
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District Regulations, Design Guidelines, Public Facilities Financing Plan, Air Quality
Improvement Plan, Water Conservation Plan and other associated documents to reflect
the above SPA land use statistical changes; and,
C. Prior Discretionary Approvals
WHEREAS, the development of the "Land Swap" Parcels portion of the Project Site has
been the subject matter of I) a prior General Plan amendment resulting in the current
land use designations on the Chula Vista General Plan in conjunction with the Otay
Ranch Plan and previously approved by City Council Resolution No, 17309; and the
development of the Trails portion of the Project Site has been the subject matter of I) a
prior General Development Plan resulting in the current land use designations shown on
EastLake II General Development Plan, previously approved by City Council Resolution
No 15198; and,
D. Planning Commission Record of Application
WHEREAS, the Planning Commission held an advertised public hearing on the Project
on November 11, 1998, and voted (4-0-3) to forward a recommendation to the City
Council on a proposal to amend the City General Plan, Eastlake II General Development
Plan, Eastlake Greens Sectional Planning Area (SPA) plan, Planned Community District
Regulations and associated regulatory documents. Also adopt a new SPA for 322.2 acres
known as Eastlake Trails.
The proceedings and all evidence introduce before the Planning Commission at the public
hearing on this project held on November 11, 1998 and the minutes and resolution
resulting therefrom, are hereby incorporated into the record of this proceedings; 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 oity and its mailing to property
owners within 500 ft. of the exterior boundaries of the Project Sites at least ten days
prior to the hearing.
NOW THEREFORE BE IT RESOLVED that the City Council hereby find, determine
and resolve as follows:
II. COMPLIANCE WITH CEQA
The City Council does hereby finds that SEIR-97-04 has been prepared in accordance
with requirements of the California Environmental Quality Act, the State EIR Guidelines
and the Environmental Review Procedures of the City of Chula Vista, and hereby
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certified the SEIR 97-04 in accordance with Resolution No. 19274, incorporated herein
by this reference.
III. INDEPENDENT JUDGMENT OF CITY COUNCIL
The City Counoil finds that the SEIR 97-04 refleots the independent judgment of the City
Council of the City of Chula Vista.
IV, APPROVAL OF GENERAL PLAN AMENDMENT
The Chula Vista General Plan Land Use Diagram is hereby amended as set forth
diagrammatioally represented on the attached Exhibit B to change the Eastlake Trails
Project site as follows: a) change the Retail Commercial land use designation of 15 acres
located at the northwest corner of the Trails SPA area to Low Medium density
residential; b) relocate PQ site from the center to the west end of the SPA; c) relocate
Park designation from the center of the SPA to the north end of the Trails SPA, within
the Salt Creek open space corridor.
V. GENERAL PLAN INTERNAL CONSISTENCY
The City Council hereby finds and determines that the General Plan consistency is
internally consistent and shall remain internally consistent following amendments thereof
by this Resolution.
VI. GENERAL DEVELOPMENT PLAN FINDINGS/ APPROVAL
A. THE PROPOSED DEVELOPMENT AS DESCRIBED BY THE GENERAL
DEVELOPMENT PLAN IS IN CONFORMITY WITH THE PROVISIONS OF
THE CHULA VISTA GENERAL PLAN, AS AMENDED.
The proposed amendments to the EastLake II General Development Plan reflects
land use distribution and densities, circulation system that are consistent with all
elements of the Chula Vista General Plan, as amended herein.
B, A PLANNED COMMUNITY DEVELOPMENT CAN BE INITIATED BY
ESTABLISHMENT OF SPECIFIC USES OR SECTIONAL PLANNING AREA
PLANS WITHIN TWO YEARS OF THE ESTABLISHMENT OF THE
PLANNED COMMUNITY ZONE.
A Sectional Planning Area (SPA) plan is included in the proposed project for both
the "Land Swap" Parcels and the Trails site.
C. IN THE CASE OF PROPOSED RESIDENTIAL DEVELOPMENT, THAT
SUCH DEVELOPMENT WILL CONSTITUTE A RESIDENTIAL
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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 residential densities reflected on the amended GDP are oompatible with the
pattern and character of development approved with the original GDP (Trails) and
the residential densities and non-residential land uses reflected on the "Land
Swap" Parcels are compatible with the Eastlake II General Development Plan,
and such densities and commercial uses can be adequately served by the public
facilities incorporated herein in the respective Public Facilities Financing Plans
and therefore will constitute a residential and commercial environment of
sustained durability 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.
VII. 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.
VIII, FINDINGS FOR PC PLANNED COMMUNITY DISTRICT REGULATIONS
AMENDMENT
The City Council hereby finds that the proposed amendments to the Eastlake II Planned
Community Distriot Regulations, as presented to the City Council and on file in the
office of the City Clerk, is consistent with the Eastlake II General Development Plan and
the City of Chula Vista General Plan, as amended herein, and that public necessity,
convenience, General welfare and good zoning practice supports the amendments.
IX. SPA FINDINGS/ APPROVAL
A, THE SECTIONAL PLANNING AREA PLAN FOR EASTLAKE GREENS (AS
AMENDED) AND EASTLAKE TRAILS IS IN CONFORMITY WITH THE
EASTLAKE II GENERAL DEVELOPMENT PLAN AND THE CHULA VISTA
GENERAL PLAN.
The amended EastLake Greens Sectional Planning Area Plan and the EastLake
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Trails Sectional Planning Area Plan reflect land use, circulation systems, and
public facilities that are consistent with the EastLake II General Development Plan
and the Chula Vista General Plan, as amended.
B. THE EASTLAKE GREENS SECTIONAL PLANNING AREA PLAN, AS
AMENDED, AND THE EASTLAKE TRAILS SECTIONAL PLANNING AREA
PLAN WILL PROMOTE THE ORDERLY SEQUENTIALIZED
DEVELOPMENT OF THE INVOLVED SECTIONAL PLANNING AREAS.
The EastLake Greens Sectional Planning Area Plan, as amended, and the
EastLake Trails Seotional Planning Area Plan are consistent with the amended
EastLake Greens and EastLake Trails Public Facilities Financing Plans, Air
Quality Improvement Plans, and Water Conservation Plans and will, therefore,
promote the orderly sequentialized development of the involved Sectional
Planning Area (SPA) Plan areas,
C. THE EASTLAKE GREENS SECTIONAL PLANNING AREA PLAN, AS
AMENDED, AND THE EASTLAKE TRAILS SECTIONAL PLANNING AREA
PLAN WILL NOT ADVERSELY AFFECT ADJACENT LAND USE,
RESIDENTIAL ENJOYMENT, CIRCULATION OR ENVIRONMENTAL
QUALITY.
The land uses within the EastLake Greens Sectional Planning Area (SPA) plan
and the EastLake Trails Sectional Planning Area (SPA) plan represent the same
uses approved by the EastLake II General Development Plan and will not
adversely affect adjacent land use, residential enjoyment, circulation, or
environmental quality.
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 PERFORMANCE STANDARDS
ESTABLISHED BY THIS TITLE.
The amendments do not involve areas planned for industrial or research uses.
E. IN THE CASE OF INSTITUTIONAL, RECREATIONAL, AND OTHER
SIMILAR NONRESIDENTIAL USES, THAT SUCH DEVELOPMENT WILL
BE APPROPRIATE IN AREA, LOCATION AND OVER-ALL PLANNING TO
THE PURPOSE PROPOSED, AND THAT SURROUNDING AREAS ARE
PROTECTED FROM ANY ADVERSE EFFECTS FROM SUCH
DEVELOPMENT.
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The relocation of the park parcel in EastLake Trails respond to final master plan
refinements of the Salt Creek Community Park concept plan; the relooation of the
elementary school in Eastlake Trails to be closer to major roads on the periphery
of the neighborhood improves access to the school and decreased traffic intrusion
into the residential neighborhood, and therefore, development will be appropriate
in area and location.
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 aooordance with the General Plan conourrent with the
proposed development.
G. ANY PROPOSED COMMERCIAL DEVELOPMENT CAN BE JUSTIFIED
ECONOMICALLY AT THE LOCATION(S) PROPOSED AND WILL
PROVIDE ADEQUATE COMMERCIAL FACILITIES OF THE TYPES
NEEDED AT SUCH PROPOSED LOCATION(S).
The Eastlake Greens SPA Plan incorporates the Freeway Commercial and
Professional and Administrative Commercial located within the "Land Swap"
Parcels and located adjacent to SR 125 freeway into the plan of proposed
development. These commercial use reflect the adopted Chula Vista General Plan
and will provide needed commercial services to future residents in the area.
H. THE AREA SURROUNDING SAID DEVELOPMENT CAN BE PLANNED
AND ZONED IN COORDINATION AND SUBSTANTIAL COMPATIBILITY
WITH SAID DEVELOPMENT.
The amendments are consistent with the previously approved plans and
regulations applicable to surrounding areas and therefore, said development can
be planned and zoned in coordination and substantial compatibility with said
development.
X. BE IT FURTHER RESOLVED the City Council of the City of Chula Vista in
light of the findings above, the City Council does hereby approve the Eastlake Greens
Sectional Planning Area (SPA) plan amendments, the new Eastlake Trails SPA, Eastlake
Greens Sectional Planning Area (SPA) Plan, Eastlake Greens Public Facilities Financing
Plan, Eastlake Greens Air Quality Improvement Plan, Eastlake Greens Water
Conservation Plan and Eastlake Greens Design Guidelines; and does hereby adopt a new
Sectional Planning Area (SPA) Plan, Public Facilities Financing Plan, Air Quality
Improvement Plan, Water Conservation Plan and a Comprehensive Affordable Housing
Program for 322 acres located east of Hunte Parkway between Otay Lakes Road and
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Olympic Parkway, in the form presented to the City Council and on file in the office of
the City Clerk, and subject to the oonditions set forth below:
XI. SPA CONDITIONS OF APPROVAL
The City Council does hereby approves the Eastlake Greens SPA amendments, new
Eastlake Trails SPA plan, and associated documents, subject to the following conditions:
General Conditions
1. Implement all environmental impact mitigation measures identified in SEIR -97 -04,
the candidate CEQA Findings (Exhibit C) and Mitigation Monitoring Program
(Exhibit D) for this project.
2, Install all public facilities in aooordance with the PFFPs 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
ohange to warrant such a revision.
3. Approval of the Eastlake Greens and Trails SPAs does not constitute approval of
the final lot configuration and street designs shown within the SPA plan.
Modifications may be made by staff, the Planning Commission or City Counèil
during the tentative subdivision map process.
4. Prior to, or conourrent with approval of the first Final Map, enter into an
agreement with the City of Chula guaranteeing the provision of affordable
housing units in accordance with the Eastlake Trails Comprehensive Affordable
Housing Program.
5. Submit and obtain approval by the Director of Planning and Building and, Parks
and Recreation Commission of the community park plan, Park acreage credit may
be revised as a result of the final approved park plans as deemed appropriate by
the Director of Planning and Building.
6. The installation of transit facilities along Hunte Parkway and south end of
Eastlake Parkway ("Land Swap" Parcels) shall be concurrent with transit service
availability. Since this may not coincide with project development, the Developer
shall deposit funds in the amount determined by the City's Transit coordinator to
insure that these facilities are installed when requested by the City.
7. Prior to approval of the first Final Map in the Trails, submit the necessary
Planning application to incorporate the Comprehensive Affordable Housing
Program and Community Purpose Facilities Master Plan, as adopted by this
Resolution, in the Eastlake III General Development Plan.
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8. Prior to approval of the first final map, revise the Eastlake II GDP, Eastlake
Greens and Eastlake Trails SPA documents, as deemed appropriate by City staff,
deleting strike underline and references to previous documents, and submit to the
Planning Department 20 revised sets in plastic binders.
10. Modify the Eastlake Trails Water Conservation Plan as necessary to inoorporate
all new water conservation policies adopted by City Council, and Comply and
remain in compliance with said policies.
XII. CONSEQUENCE OF FAILURE OF CONDITIONS
If any of the forgoing conditions fail to occur, or if they are, by their terms, to be
implemented and maintained over time, and any of such conditions fail to be so
implemented and maintained according to the their terms, the City shall have the right
to revoke or modify all approvals herein granted, deny or further condition issuance of
shall future building permits, deny, revoke or further condition all certificates of
oocupancy issued under the authority of approvals herein granted, instituted and proseoute
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.
XIII. 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 oondition herein stated; and
that in the event that anyone or more terms, provisions or conditions are determined by
the Court of competent jurisdiction to be invalid, illegal or unenforceable, if the city so
determines in its sole discretion, this resolution shall be deemed to be revoked and no
further in force or in effect.
Presented By: Approved as to form by:
~~~
Robert A. Leiter John Kaheny
Director of Planning and Building City Attorney
H: \shared\attorney\pcm-9704, ccr
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.
C OTAYRANCH EASIlAIŒ
VIll.A6E 5 ~ HI6II SCHOOL
LEGEND
* CHUlA VISTA COMMUNITY PARK I/¿~ PROJECT AREA
0 EASIlAIΠCOMMERCIAl CENTER - . - ADOf'IED EAS1lAKE II GaP BOUNDARIES
CHULA VISTA PLANNING DEPARTMENT
. Lë) .:~~: The Eastlake Company PROJECT DESCRIP11ON:
EXHIBIT A "
PROJECT
ADDRESS:
SCALE: I FIlE NUMBER: Related Cases: GPA-97-D1, PCM-97-04, PCM-97-16
NORTH No Scale /;¿[J- /0
b~I:!Q!]1~1IDanniD a lea rl 05\1 0 c:atD IS ~1,Jð!L, 1D11.9l98.
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BEFORE TH'E'CHULA VISTA
CITY COUNCIL
RE: Eastlake Trails/Greens Replanning Program;
Subsequent Environmental Impact Report EIR #97-04
FINDINGS OF FACT
I.
INTRODUCTION
The Subsequenl Environmental Impact Report (SEIR)I prepared on this project addressed
the potential environmental effects of a proposed change to existing land use plans to
replan the land use distribution in the 322-acre EastLake Trails neighborhood, in
EastLake ll, and adopt a new Sectional Planning Area (SPA) plan with associated
regulatory documents which incorporate tWo of the three "Land Swap" parcels (141.7
acres) into the EastLake II General Development Plan (GDP), EastLake Greens SPA, and
other associated documents.
In addition, the SEIR evaluated two alternatives to the proposed project: the No Projeot
alternative, which assumes no development of the EastLake Trails site and "Land Swap"
parcels, and the "Reduced Development Consistent with the Adopted Plans" alternative
which assumes implementation of the adopted GDP. These findings have been prepared
to comp]y with requirements of the California Environmental Quality Act (CEQA) (pub.
Resources Code, 21000 et seq.) and the CEQA Guidelines (Cat Code Regs., tit. 14,
15000 et seq.).
1 The SEIR (RECONJuly 1998) incorporates previously prepared documents. including the Master EIR for
EastLake (EIR 81-3), the 1989 Final EIR for EastLake Greens SPA, and the EastLake Trails prezone and
annexation (EIR 86-4). by reference. -
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EXHIBIT C
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DEFINITIONS
"APCD" means San Diego Air Po]]ution Contro] District
"BMPs" means best management practices.
"CEQA" means California Environmental Quality Act
"CNEL" means community noise equivalent level.
"du/ac" means dwelling units per acre.
"EDU" means equivalent dwelling unit.
"GDP" means General Development Plan.
'LOS" means level of service.
"OWD" means Otay Water Disnict -.
"PFFP" means Public Facilities Financing Plan.
'1'M-lO" means particulate matter with a diameter of 10 microns or less.
"SEIR" means Subsequent Environmental Impact Report.
"SPA" means Sectional Planning Area.
"SR" means State Route
ill.
PROJECT DESCRIPTION
The proposed project invo1ves two neighborhoods known as EastLake Greens and
EastLake Trails, both located within the EastLake IT GDP area. The EastLake Greens
neighborhood, which has an adopted SPA and is developed, consists of 853.2 acres and
contains a wide range of residential densities and other support services. The EastLake
Trails neighborhood, which does not have an adopted SPA and is currently vacant, ,
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consists of 322.2 acres and under the âaôpted EastLake II GDP this area contains
residential land use designations for the most part with the exception of a 15-aore
commercia] site.
In 1992, The EastLake and Baldwin Companies completed a land exchange involving
three parcels of land which are commonly known as the "Land Swap" parcels. The
"Land Swap" parcels originaIJy consisted of 157 acres. A total of 15.3 acres of the 157
acres was added to several EastLake Greens parcels (R-lO, R-12, R-20, P-3), and
Olympic Parkway right-of-way. This acreage is already included in the currently adopted
EastLake Greens SPA. The remaining balance of 141.7 acres would be added to the
Greens SPA with the proposed amendment. The amendments to the EastLake IT GDP and
the SPA Plans for the Trails and Greens are described in detail below.
EastLake II GDP
The addition of the two "Land Swap" parcels increases the total area of the EastLake II
GDP by 141.7 acres, and the number of residential dwelling units by 705. Overall
residential density for the GDP will increase slightly from 3.1 dwelling units per acre
(dulac) to 3.2 dulac.
The most prominent changes are (a) the addition of 24.7 acres of Professional and
Administrative commercial in the northern "Land Swap" parcel; (b) in the southerly
"Land Swap" parcel, 50 acres of Freeway Commercial will be added in addition to 50.2
acres of Medium Density residential. The added residential acreage combined with
existing parcels R-9 (8.5 acres with 45 dwelling units) and Future Urban (6.3 acres),
located i=ediate]y adjacent to the east, produce a 65-acre residential parcel with
capacity for 750 dwelling units. Thus, the net increase as a result of the "Land Swap"
parcel annexation is 141.7 acres and 705 dwelling units. It should be noted that the total
added acreage includes 16.1 acres in circulation, easements, and open space.
Other changes include the conversion of IS acres of commercial designation to low
medium density residential; deletion of approximately 65 acres of Future Urban land
resulting from the proposed GDP boundary adjustment, and minor changes to the Parks
and Open Space acreage.
EastLake Greens SPA
Changes in land use designations are restricted to the "Land Swap" parcels and the
southwest comer of the adopted SPA Plan adjacent to the southern "Land Swap" parcel.
This southwestern comer is undeveloped and is separated from the part of EastLake
Greens where development has begun or is completed by the route of the Second San
Diego Aqueduct, marked by an Open Space designation in both the adopted and proposed
SPA Plans. In that area, the proposed project would remove the "Future Urban" -,
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designation and expand the "R-9" desigi1Înion from 8.5 to 65 acres. The SPA target
òensity for the R-9 designation is proposed for an increase from 5.3 dulac 10 11.5 dulac,
yielding 750 du total on this parcel. Since the adopted SPA a1l0wed 45 dwelling units on
this parcel. the net increase would be 705 units and the total for the EastLake Greens SPA
would increase from 2,738 to 3,443.
Nonresidential use changes between the adopted and proposed EastLake Greens SPA
Plan would include the conversion of "Future Urban" land use category, the addition of a
"Freeway Commercial" designation (50.7 acres) in the western pan of the southern
"Land Swap" parcel, and the addition of 24.7 acres of "Professional and Administrative"
designation for the nonhern "Land Swap" parcel. The area of the "Major Circulation"
category would increase by 17.9 acres, and the OS-5 "Open Space" category would be
reduced by 1.8 acres.
EastLake Trails SPA
No SPA Plan has been adopted for this neighborhood, but the proposed SPA Plan differs
in some respects from the general land uses for the Trails in the adopted EastLake II
GDP. These changes consist of:
. Deletion of 65 acres as a result of relocation of the EastLake II boundaries.
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. Reconfiguration of the internal circulation system.
. Converting "Retail" (C) "Commercial" designation in the nonhwest corner of the
SPA to Residential.
. Converting tWo areas designated for "Public and Quasi-Public" use (PQ) in the
nonhem and central parts of the SPA to residential.
. Designating a 13-acre (approximately 10 acres net) elementary school site in the
west-central pan of the SPA.
. Designating the public park area in the Salt Creek drainage (P-l and P-2), eliminating
the central parks and recreation site presently shown in the central pan of the SPA,
adding a private recreation site (P-3) adjacent to the community park.
. Creating a "Future Urban" (FU-l) designation to small elongated areas along the east
side of Salt Creek, with funher planning of these areas to occur concummt with
similar-level planning for the adjoining EastLake Vistas neighborhood in the
EastLake ill GDP.
. Designating 4.5 acres of community purpose facility (CPF) land use district. '~
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Discretiona;-v Actions :-.':
In order to complete this replanning process, the following discretionary approvals from
the City of Chula Vista are being sought by the project applicant:
1. An amendment to the Chula Vista General Plan.
2. Amendments to the EastLake II General DeveJopment Plan.
3. Amendment the EastLake Greens SPA Plan to incorporate the "Land Swap" parcels
into the SPA Plan and amendment to the associated documents, including
(a) EastLake II Planned Community District Regulations, (b) EastLake Greens Air
Quality Improvement Plan, (c) EastLake Greens Water Conservation Plan,
(d) EastLake Greens Public Facilities Financing Plan, and (e) EastLake Greens
Design Guidelines.
4. New Sectional Planning Area plan and associated documents, including (a) Planned
Community District Regulations, (b) Air Quality Improvement Plan, (c) Water
Conservation Plan, (d) Public Facilities Financing Plan, (e) Design Guidelines,
(f) Affordable Housing Program and changes, if any, in the circulation system.
5. Development Agreement betWeen the City of Chula Vista and The EastLake
Company.
The requested General Plan amendments include a modification to the Land Use element
and plan to delete the commercial designation and relocate a school site in the Trails
neighborhood; and modify the Circulation element to reflect changes, if any, in the
circulation system.
The approval of the actions sought by the applicant at the present time would result in
adoption of amendments to the EastLake II GDP and EastLake Greens SPA, including
the "Land Swap" parcels, and a new SPA for EastLake Trails. Implementation of the
plans would require subsequent approval of tentative maps for all of EastLake Trails and
for the areas of EastLake Greens for which no tentative maps have yet been approved, the
"Land Swap" parcels and the area on the southwest comer of the adopted GDP and of the
Second San Diego Aqueduct.
The City of Chula Vista is the Lead Agency and has discretionary power of approval for
all the actions sought by the applicant for the proposed project. This SEIR is intended to
satisfy CEQA requirements for environmental review -of those actions. Future
discretionary approvals from the California Department of Fish and Game (1603
Streambed Alteration Agreement) and U.S. Army Corps of Engineers (404 Pemút) may
~
5 /;2[J ~ /t,
bt required. ~o other actions by other agencies or jurisdictions have been identified that
would be rtquired to accomplish the project as proposed.
Project Goa1s and Objectives
The overall goal of the proposed EastLake Trails/Greens replanning program is to refine
the land use plan, circulation plan, and open space design in a manner that is generalJy
consistent with the adopted EastLake n General Development Plan and other associated
documents. In addition, the specific objectives of the proposed project include the
folJowing:
. Establishment of a land use plan that provides housing and employment opponunities
for residents while maintaining an acceptable quality-or-life standard within the
EastLake community.
. Control and management of regional growth establishing a phased approach to
development and a Public Facilities Financing Plan which ensures that necessary
public facilities are in place at the time of need, providing for the siting and financing
of such facilities.
. Assurance that the replanning process complies with all City and regional policies,
regulations, and programs.
IV.
RECORD OF PROCEEDINGS
For purposes of CEQA and the findings set forth below, the administrative record of the
City Council decision on the environmental analysis of this project shall consist of the
folJowing:
. The Draft and Final Subsequent EIR for the project (EIR #97-04), including
appendixes and technical repons;
. AlJ repons, applications, memoranda, maps, letters and other planning documents
prepared by the planning consultant, the project applicant, the environmental
consultant, the EastLake Trails/Greens staff, and the City of Chula Vista that are
before the decisionrnakers as detennined by the City Clerk;
0 All documents submitted by members of the public and public agencies in connection
with the EIR on the project;
6 /c2ß-¡?
. Minutes and verbatim transcripts o("àlJ workshops, public meetings and public
hearings held by the City of Chula Vista, or video tapes where transcripts are not
available or adequate;
. Any documentary or other evidence submitted at workshops, public meetings and
public hearings; and
. Matters of common knowledge to the City of Chula Vista which they consider,
including but not limited to, the following:
- Chula Vista General Plan (update) - 2010
- Relevant portions of the Zoning Codes of the City of Chula Vista
- MasterEIR forEastLake (EIR 81-3)
- Supplemental EIR for EastLake Greens SPA and EastLake Trails Prezone
(EIR 86-4)
y,
~OLOGYnræpURPOSEOFHNDINGSUNDERCEOA
Section 15091 of the CEQA Guidelines requires that, for each significant environmenta1
effect identified in an EIR for a project, the approving agency must issue a written finding
reaching one or more of the three allowable conclusions, The first is that "[c]hanges or
alterations have been required in, or incorporated into, the project which avoid or
substantially lessen the significant environmental effect as identified in the final EIR,"
(emphasis added.) The second potential finding is that "[s]uch changes or alterations are
within the responsibility and jurisdiction of another publio agency and not the agency
making the finding. Such changes have been adopted by such other agency or can and
should be adopted by such other agency." The third pennissible conclusion is that
"[s]pecific economic, social or other considerations make infeasible the mitigation
measures or project alternatives identified in the final EIR."
Regarding the first of three potential findings, the CEQA Guidelines do not define the
difference between "avoiding" a significant environmental effect and mere]y
"substantialJy lessening" such an effect. The meaning of these terms, therefore, must be
gleaned from other contexts in which they are used. Public Resources Code section
21081, on which CEQA Guidelines section 15091 is based, uses the term "mitigate"
rather than "substantially Jessen." The CEQA Guidelines, therefore, equate "mitigating" ..
7 /02B-/Y
with "subsrantially Jessening," Such an lÌÎiôerstanding of the statutory term is consistent
with Public Resources Code section 21001, which declares the Legislature's policy
disfavoring the approval of projects with significant environmental effects where there
are feasible mitigation measures or alternatives that could "avoid or substantially Jessen"
such significant effects.
For purposes of these findings, the term "avoid" shall refer to the ability of one or more
mitigation measures to reduce an otherwise significant effect to a Jess-than-significant
level. In contrast, the tenn "substantially lessen" shall refer to the ability of such
measures to substantially reduce the severity of a significant effect, but not to reduce the
effect to a level of insignificance. Although CEQA Guidelines section 15091 requires
only that approving agencies specify that a particular significant effect is "avoid[ed] or
substantially lessen[ed]," these findings, for purposes of clarity, will specify whether the
effect in question has been fully avoided (and thus reduced to a level of insignificance) or
has been substantially lessened (and thus remains significant).
The purpose of these findings is to systematically restate the significant effects of the
project on the environment identified in the Subsequent EIR, and detemñne the feasibility
of mitigation measures and project alternatives identified in the Subsequent EIR which
would avoid or subsrantial]y lessen those significant effects. Once the City has adopted
sufficient measures to avoid a significant impact, the City does not need to adopt every . .
mitigation measure brought to its attention or identified in the Subsequent EIR. The City
shall not reduce housing units as a mitigation measure to a project, if the City detemñnes
another specific mitigation measure will provide a comparable level of mitigation.
It is the policy of the State of California and the City of Chula Vista to not approve a
project if there are avai]able feasibJe mitigation measures or project alternatives which
wouJd subsrantialJy Jessen that project's significant environmental effects. Only when
such mitigation measures or project alternatives are found to be infeasible because of
specific economic, social or other conditions set forth in these findings may the City
approve a project in spite of its significant effects.
Another purpose of these findings is to bring focus to project alternatives in the ultimate
decisionmakers' decision whether to approve or disapprove the project. If, after
application of alJ feasible mitigation measures to the project, significant impacts remain,
project alternatives identified in the SEIR must be reviewed and determined to be feasible
or infeasible. The findings set forth the reasons, based on substantial evidence in the
record, that the decisionmakers conclude any such project alternatives are infeasible (see
further discussion in Feasibility of Alternatives section).
~
8 /.:28-/;
VI.
LEGAL EFFECT OF FINDINGS
To the extent that these findings concJude that proposed mitigation measures outlined in
the SEIR are feasible and have not been modified, superseded or withdrawn, the City of
Chula Vista ("City" or "decisionmakers") hereby binds itself and any other responsible
parties, incJuding the applicant and its successors in interest (hereinafter referred to as
"Applicant"), to implement those measures. These findings, in other words, are not
merely infoI1Dational or hortatory, but constitute a binding set of obligations that will
corne into effect when the City adopts the resolution(s) approving the project.
The adopted mitigation measures are express conditions of approval. Other requirements
are referenced in the mitigation monitoring program adopted concu=ntly with these
[IDdings, and will be effectuated through the process of implementing the project.
VII.
MTnGATIONMONITO~GPROGRAM
.-\5 required by Public Resources Code section 21081.6, subd.(a)(1), the City of Chula
Vista, in adopting these findings, also adopts a mitigation monitoring and reponing
program as prepared by the environmental consultant under the direction of the City. The
program is designed to ensure, that during project implementation, the applicant and any
other responsible parties comply with the feasible mitigation measures identified below.
The progrnm is described in the document entitled EastLake Trails/Greens Replanning
Program Mitigation Monitoring Program."
VIII.
DIRECT SIGNIFICANT EFFECTS AND MITIGATION MEASURES
The Subsequent EIR identified a number of direct significant environmental effects (or
"impacts") that the project will cause; some can be fulJy avoided through the adoption of
feasible mitigation measures, while others cannot be avoided.
The project will result in significant irreversible environmental changes to the folJowing
issues: traffic/traffic circulation, biological resources, hydrology/drainage, landfoI1D
alteration/visual quality, noise, paleontology, and public facilities. These significant
~
9 /.2ß~;;2L/
~nvironmental changes or impacts are disc'Ussed in Subsequ~nt EIR 97-04 in Table 1 -2 on
pages 5 through 1 7 and in Chapter 4.0, pages 37 through 1 94.
TransportationfTraffic Circulation
Significant impacts to a road intersection due to increase in traffic associated with
EastLake Trails/Greens Replanning Program will occur in the year 2010 (with
SR-l2S). [SEIR, Subchapter 4.2.3, p. 80J
Bioloe:ical Resources
Within the EastLake Trails project area, construction and grading associated with
the Salt Creek linear park and other land uses would directly impact willow
wetland and non-wetland jurisdictional waters within the northern portion of Salt
Creek wetland area, and is considered a significant impact. The impacts to
agricultural lands within the remainder of the EastLake Trails site and the "Land
Swap" parcels are not considered a significant impact. [SEIR, Subchapter 4.3.3,
p. 94]
Hvdrolo!!V/Drainae:e
-.
Development of the proposed project would cause an increase in the amount of
runoff and would have potentially significant impacts on downstream drainage
facilities. [SEIR, Subchapter 4.4.3, p. 1 OS]
Landform A]terationNisual Oualitv
The proposed development of EastLake Trails and the "Land Swap" parcels
would result in significant on-site landform and visual quality impacts. The
visual oharacter of the site would change from agricultural to planned community.
[SEIR, Subchapter 4.4.4, p. 124]
Noise
EastLake Trails
Significant noise impacts to the proposed project from traffic along Otay
Lakes Road, Hunte Parkway, and Olympic Park-way.
,
10 /~ß-c21
Nonh::rn "Land Swap" Parœl
Projected noise levels in ponions of the future oommercial development
would exceed City standards and could represent a significant nois::
impact if sensitive receivers are placed within the noise impacts areas.
South::rn "Land Swap" Parcel
Projected noise levels in ponions of the future commercial and residentja]
pads would exceed City standards. This would be a significant impact.
[SEIR, Subchapter 4.6.3, p. 131]
Paleonto]o!!V
Given the potential for paleonto]ogical resources on the project site, the impact to
resoUTCeS would be significant. [SEIR, Subchapter 4.7.3, p. 140]
Air Qualitv
Th:: proposed project would generate sufficient emissions and dust during
consuuction-related activities to result in shon-term significant impacts. [SEIR,
Subchapter 4.8.6, p. 151]
Public Facilities
Water
Significant impacts would occur if grading operations within EastLake
Trails would remove the existing 12-inch water transmission line, whioh
provides water supply to the Olympic Training Center, prior to the
completion of the 711 Zone water transmission mains within Hunte
Parkway and Olympic Parkway. [SEIR, Subchapter 4.9.3, p. 181]
Sewer
Development of the proposed project would result in an incremental
increase in sewage generation and wou]d present a significant impact due
to the lack of existing transmission infrasuucture. Specifically, the
provision of sewer infrastructure on the southern "Land Swap" parcel may
require the potential need for a uunk sewer deeper than typical city
standards. The possible need for a deep facility represents a potentialJy
significant impact. In addition, development of the "Land Swap" parcels
prior to the completion of the Poggi, Canyon trunk sewer would be a '
11 J;lf]~cJÂ
significant impact on the eXisting EastLake Parkway sewer pump station,
Also, if the Salt Creek interceptor sewer is not constructed prior to the
addition of approximately 1,900 equivalent dwelling units (EDUs) in
EastLake, then the Otay Lakes Road pump station would need to be
expanded to handle additional flows.
Schools
The additional elementary school students generated by the proposed
project would contribute to the existing schools that are near capacity and
are considered a direct significant impact.
Police
The incremental increase in calls for police service is considered a
significant impact because existing services do not meet the standard
threshold for Priority One and Priority Two calls. Likewise, should the
underpass beneath Otay Lakes Road be used as a pedestrian trail leading to
the Salt Creek linear park, the potential for significant public safety
impacts exist.
Fire
The incremental increase in project-generated calls may result in a
significant impact at project buildout although adequate service to the area
is available in the shon-term.
Cenain of the above impacts cannot be substantially lessened or avoided at the Genera]
Deve]opment Plan level; but, as described in the Statement of Overriding Considerations,
the City Council has detennined that the impacts are acceptable because of specific
overriding considerations. The following subsections describe specific impacts, setting
forth either the reasons why they are significant and unavoidable, the mitigation measures
proved to be infeasible due to specific economic, social or other considerations.
:r TRA'NSPORT A TIONrrRAFFIC CIRCULATION
\ Significant Effect: Significant impact to the Otay Lakes Road and Lane A venue
, inte~ection in the year 2010 (with SR-125). [SEIR, Subchapter 4.2.3, p. 80]
\
\
I
Finding: Pu~uant to section 15091(a)(1) of the State CEQA Guidelines, changes
or alterations are required in, or incorporated into, the project which will
substantial]y lessen or avoid the significant environmental effect as identified in
/he SEIR, to a leve] below significance. "
]2 Jc2ß-;23
// ~ Mitigation Measures: The foJlowing mitigation measures are feasible and are
required as a condition of approval and are made binding on the applicant through
these findings. [SEIR, Subchapter 4.2.3, p. 82]
To reduce significant direct impacts resulting from project implementation in the
year 2010, the project shall be required to make the following improvement:
. The intersection of Otay Lakes Road and Lane A venue is required to be
improved prior to the issuance of the first building pennít for the southern
"Land Swap" parcel. Improvements include a second eastbound to
northbound ¡eft-turn lane on Otay Lakes Road and a second southbound to
westbound right-turn lane on Lane Avenue.
I
i1-/ BIOLOGICAL RESOURCES
Significant Effect: Significant impacts associated with construction and graeting
associated with the Salt Creek linear park and other land uses within the Easù..ake
Trails project area, would etirectly impact willow wetland and non-wetland
jurisetictional waters within the northern portíon of Salt Creek wetland area.
[SEIR, Subchapter 4.3.3, p. 94]
Fineting: Pursuant to section 15091(a)(1) of the State CEQA Guidelines, changes
or alterations are required in, or incorporated into, the project which will
substantially lessen or avoid the significant environmental effect as identified in
the SEIR, to a level below significance.
Mítigation Measures: The foJlowing mítigation measures are feasible and are
required as a condition of approval and are made bineting on the applicant through
these finetings. [SEIR, Subchapter 4.3.4, p. 94 through 96]
. Prior to tentative map approval for the Easù..ake Trails project site, the
applicant shall prepare and receive City approval of a detailed mítigation plan
for the creation and enhancement of riparian vegetation within the Salt Creek
corridor. The mitigation plan shall meet or exceed the goals for
wetland/riparian habitat and the mítigation ratios included in the Salt Creek
Corridor Conceptual Mítigation Plan (SEIR Figure 4.3-2, Table 4.3-3), and
shall include components addressing performance standards, maintenance
requirements (e.g., pest control, weeding, and plant replacement), and
monitoring and reporting requirements.
. Prior to the issuance of a graeting pennít, the project applicant shaJl be
required to obtain state (1603 Streambed Alteration Agreement) and federal
- (Section 404 Clean Water Act) penníts. '
13 );28 ~AÝ
r HYDROLOGYIDRAINAGE
Significant Effect: An increase in the amount of runoff would have potentially
significant impacts on downstream drainage facilities. [SEIR, Subchapter 4.4.4, p,
105 through 106]
Finding: Pursuant to section I5091(a)(I) of the State CEQA Guidelines, changes
or alterations are required in, or incorporated into, the project which will
substantially lessen or avoid the significant environmental effect as identified in
the SEIR, to a level below significance.
Mitigation Measures: The following mitigation measures are feasible and are
required as a condition of approval and are made binding on the applicant through
these findings. [SEIR, Subchapter 4.4.4, p. 105 through 106]
. Hydroseeding and landscaping of any cut/fill slopes disturbed or built during
the construction phase of this project with appropriate ground cover vegetation
shall be performed within 30 days of completion of grading activities.
. Areas of native vegetation or adjoining slopes to be avoided during grading
activities shall be delineated in the field based on adopted grading plans to
minimize disturbance to existing vegetation and slopes.
. Anificial ground cover, hay bales, and catch basins to retard the rate of runoff
from manufactured slopes shall be installed if grading occurs during wet
weather season, November 1 through April 1.
. Fine particulates in geologic materials used to construct the surliciallayers of
manufactured slopes shall not be specified unless a suitable alternative is not
available.
. Temporary sedimentation and desilting basins between graded areas and
streams shall be provided during grading.
In addition to the above mitigation measures, best management practices (BMPs)
appropriate to the characteristics of the project shall be employed to reduce
polJutants available for transport or to reduce the amount of pollutants in runoff.
Such BMPs may include the following:
. Detention basins, effective for very large drainage areas. These are essentially
ponds with controlled release rates to minimize downstream effects. Some
pollutants can settle during storage and improve the quality of water released.
~
14 /').!J ~.2 S-
. Infiltration basins, designed to -'noJd runoff and allow percolation into the
ground. These basins need adequate storage volume and good permeability of
the underlying soils.
. Infiltration trenches and dry wells, h01es, or trenches filled with aggregate and
then covered. Dry wells are typjcaJly used for runoff from roofs; infiltration
trenches typically serve larger areas, such as streets and parking Jots in
commercial areas. Both are best suited for areas with permeable soils and a
sufficiently Jow water table or bedrock.
. Porous pavement such as lattice pavers or porous asphalt. These may be used
to replace large areas of paving that are not subject to heavy traffic.
. Vegetative controls. Plant materials which intercept rainfall and filter
pollutants and absorb nutrients.
. Grassed swales, shallow grass-covered channels used in place of a buried
storm drain- This type of vegetative control is most applicable to residential
areas-
BMPs can also include nonstructural methods, such as controlling liner and waste
disposal practices. Appropriate BMPs for the project shall be in compliance with
the Regional Water Quality Control Board's National Pollutant Discharge
Elimination System Permit No. CA 0108758, which consists of wastewater
discharge requirements for storm water and urban runoff. BMPs appropriate to
the characteristics of a project shall be employed to reduce pollutants available for
transport or to reduce the amount of pollutants in runoff prior to discharge to a
swface water body. Identification of appropriate BMPs to the satisfaction of the
City Engineer shall be a condition of future tentative map approval.
D. LANDFORM ALTERATIONNISUAL DUALITY
Significant Effect: The proposed development of EastLake Trails and the "Land
Swap" parcels would result in significant on-site landform and visual quality
impacts. The visual character of the site would change from agricultural to
planned community. [SEIR, Subchapter 4.4.4, p. 124]
Finding: Pursuant to section 15091(a)(l) of the State CEQA Guidelines, changes
or alterations are required in, or incorporated into, the project which will
substantially lessen or avoid the significant environmental effect as identified in
the SEIR, to a level below significance.
. ~
15 ) c2 IS ~02?
Mitigation Measures: The foJJowlng mitigation measures are feasible and are
required as a condition of approval and are made binding on the applicant through
these findings. [SEIR, Subchapter 4.5.4, p. 124]
. Prior to lentative maps approval, EastLake Trails and the "Land Swap" parcels
shall demonstrate compliance with the respective SPA Plan Design Guidelines
to ensure that significant landform alteration and visual impacts are below a
level of significant. The mitigation requirements included in the design
guidelines invo]ve architectural and site design, lighting, fencing, circulation,
and comprehensive grading and landscaping plans, among other techniques.
Plans detailing the proposed Design Guidelines are inc]uded in the EastLake
Gre..'"IlS and Trails SPA Plans.
E. NOISE
EastLake Trails
Significant Effect: Significant noise impacts to the proposed EastLake
Trails residential project from traffic along Dtay Lakes Road, Hunte
Parkway, and OJympic Parkway [SEIR, Subchapter 4.6.3, p. 131]
- -.
Finding: Pursuant to section I5091(a)(l) of the State CEQA Guidelines,
changes or alterations are required in, or incorporated into, the project
which will substantially lessen or avoid the significant environmental
effect as identified in the SEIR, to a level below significance.
Mitigation Measures: The following mitigation measures are feasib]e and
are required as a condition of approval and are made binding on the
applicant through these findings. [SEIR, Subchapter 4.6.4, p. 136]
. Mitigation of potential first-floor exterior noise impacts to achieve the
City's 65 community noise equivalent level (CNEL) exterior noise
standard can be accomplished through the construction of barriers as
illustrated in Figure 4.6-5. The barriers should be either walls or
berms--or a combination thereof--constructed of solid material with a
density of at least four pounds per square foot and should not have any
cracks or gaps. Examples of acceptable barrier materials include, but
are not limited to, masonry block, wood frame with stucco, O.5-inch-
thick Plexiglas, or O.25-inch-thick plate glass. If transparent barrier
materials are used, no gaps should occur between the panels.
Identification of appropriate noise attenuation measures sufficient to
aohieve City standards and to the satisfaction of the Director of
,
16 /c2ß~;¿ ')
Planning and Building'-shalJ be a condition of any tentative map
approval.
. Prior to approval of the tentative map for EastLake Trails, verification
of the above mitigation based on detailed grading plans shall be
required. In addition, if the projected traffic volume on Otay Lakes
Road increases or if substantial changes in the proposed project
grading occur as the final design develops through the tentative map
process, additional noise analyses wi]] be required.
. Prior to the issuance of building permits, a detailed acoustical analysis
shall be prepared by the applicant which demonstrates that second-
floor interior noise levels due to exterior sources wiJ] be below the 45
CNEL standard.
Northern "Land Swap" ParceJ
Significant Effect: Projected noise levels in ponions of the future
commercial development would exceed City standards and could represent
a significant noise impact if sensitive receivers are placed within the noise
- impacts areas. [SEIR, Subchapter 4.6.3, p. 131]
Finding: Pursuant to section 1509I(a)(1) of the State CEQA Guidelines,
changes or alterations are required in, or incorporated into, the project
which will substantially lessen or avoid the significant environmental
effect as identified in the SEIR, to a level below significance.
Mitigation Measures: The fo]]owing mitigation measures are feasibJe and
are required as a condition of approval and are made binding on the
applicant through these findings. [SEIR, Subchapter 4.6.4, p. 136]
. Noise levels on ponions of the commercial pad are projected to exceed
the City's 70 CNEL exterior noise standard. Detailed site plans or
architecture plans have not been prepared as yet for the nonhero "Land
Swap" site. Therefore, when site plans are available and prior to the
issuance of building permits, an acoustical study shalJ be prepared.
This study shall identify appropriate noise anenuation measures to the
satisfaction of the Director of Planning and Building to ensure that the
City's 70 CNEL standard is achieved.
- .
17 J:2ß~ 2JY
South~rn "Land Swap" Parcel
Significant Effeot: Projected noise leveJs in portions of the future
colTUDercial and residential pads would exceed City standards. This would
be a significant impact [SEIR, Subchapter 4.6.3, p. 131]
Finding: Pursuant to section 15091(a)(1) of the State CEQA Guidelines,
changes or alterations are required in, or incorporated into, the project
which will substantially lessen or avoid the significant environmental
effect as identified in the SEIR, to a level beJow significance.
Mitigation Measures: The following mitigation measures are feasible and
are required as a condition of approval and are made binding on the
applicant through these findings. [SEIR, Subchapter 4.6.4, p. 136 through
138]
. For both the colTUDercial and residential pads, mitigation of potential
fIrSt-floor exterior noise impacts can be achieved through the
construction of barriers as illustrated in Figure 4.6-3. The City's
standard for colTUDercial uses is 70 CNEL and 65 CNEL for residential
uses. The barriers should be either walls or benns--or a combination -
thereof-constrUcted of solid material with a density of at least four
pounds per square foot and should not have any cracks or gaps.
Examples of acceptable barrier materials include, but are not limited
to, masonry block, wood frame with stucco, 0.5-inch-thick Plexiglas,
or 0.25-inch-thick plate glass. If transparent barrier materials are used,
no gaps should occur between the panels. Identification of appropriate
noise attenuation measures sufficient to achieve City standards and to
the satisfaction of the Director of Planning and Building shall be a
condition of any tentative map approval.
. At the time that building plans are available, and prior to the issuance
of residential building pennits for the southern "Land Swap" parcel, a
detailed acoustical analysis shall be required which demonstrates that
second-floor interior noise levels due to exterior sources will be below
the 45 CNEL standard.
F. PALEONTOLOGY
Significant Effect: Given the potential for paleontological resources on the
project site, the impact to resources would be significant. [SEIR, Subchapter
4.7.3. p. 140]
.
18 J;2ß~;L/
Finding: Pursuant to section 1509fri)(I) of the State CEQA GuideEnes, changes
or alterations are required in, or incorporated into, the project which will
substantiaJJy lessen or avoid the significant environmental effect as identified in
the SEIR, to a leve] below significance.
Mitigation Measures: The foJJowing mitigation measures are feasible and are
required as a condition of approval and are made binding on the appEcant through
these findings. [SEIR, Subchapter 4.7.4, p. 140 through 141]
. Prior to issuance of a grading pennit the appEcant shall confirm in writing to
the City of Chula Vista that a qualified paleontologist has been retained to
cany out the mitigation described herein. A qualified paleontologist is
defmed as an individual with a M.S. or Ph.D. in paleontology or geology who
is familiar with paleontological procedures and techniques. A paleontological
monitor may be retained to perform the on-site monitoring in place of the
qualified paleontologist A paleontological monitor is defined as an
individual who has experience in the collection and salvage of fossil materials
and who is working under the supervision of a qualified paleontologist.
. The qualified paleontologist or paleontological monitor shall attend the
preconstruction meeting to consult with the grading and excavation
contractors. The paleontologist's duties shall include monitoring of grading,
salvaging, preparation of collected materials for storage at a scientific
institution that houses paleontological coJJections, and preparation of a
monitoring results report. These duties are defined as follows:
a. The paleontologist or paleontological monitor shall be on-site during the
original cutting of previously undisturbed sediments of the Gray
Formation to inspect cuts for contained fossils. The Sweetwater
Formation shall be monitored on an as-needed basis as detennined by the
paleontologist or paleontological monitor. The frequency of inspections
shall depend upon the rate of excavation, the materials excavated, and the
abundance of fossils. The paleontologist shall work with the contractor to
determine the monitoring locations and amount of time necessary to
ensure adequate monitoring of the project site.
b. In the event that fossils are encountered, the paleontologist (or
paleontological monitor) shan have the authority to divert or temporariJy
halt construction activities in the area of discovery to anow recovery of
fossil remains in a timely fashion. Because of the potential for recovery of
small fossil remains, it may be necessary to set up a screen-washing
operation on-site.
, .
19 /;2!J ~:J ¿J
~. Fossil remains shall be Cleaned, sorted, repaired, cataloged, and then
stored in a local scientific institution that houses paleontological
collections, such as the San Diego Natural History Museum,
d, A monitoring results report with appropriate graphics summarizing the
results (even if negative), analyses, and concJusions of the above program
shaH be prepared and submitted to the City of Chula Vista within 90 days
foHowing the tennination of the paleontological monitoring program.
G. AIR QUALITY
Significant Effect: The proposed project would generate sufficient emissions and
dust during construction-related activities to result in short-term significant
impacts. [SEIR, Subchapter 4.8.6, p. 151]
Finding: Pursuant to section 15091(a)(I) of the State CEQA Guidelines, changes
or alterations are required in, or incorporated into, the project which will
substantially lessen or avoid the significant environmental effect as identified in
the SEIR, to a level below significance.
Mitigation Measures: The fonowing mitigation measures are feasible and are _.
required as a condition of approval and are made binding on the applicant through
these findings. [SEIR, Subchapter 4.8.7, p. 151 through 152] -
Dust control during grading operations shall be regulated in accordance with the
rules and regulations of the San Diego Air Pollution Control District (APCD). At
the time tentative maps are approved for the project, the following measures shall
be required to reduce fugitive dust impacts and emissions impacts from
construction equipment:
. loJ] unpaved construction areas shall be sprinkled with water or other
acceptable San Diego APCD dust control agents during dust-generating
activities to reduce dust emissions. Additional watering or acceptable APCD
dust control agents shall be applied during dry weather or windy days until
dust emissions are not visible.
. Trucks hauling dirt and debris shan be properly covered to reduce windblown
dust and spills.
. Enforce a 20-mile-per-hour speed limit on unpaved surfaces.
~ On dry days, dirt and debris spined onto paved surfaces shall be swept up
immediately to reduce resuspension of particulate matter caused by vehicle.
10 ):¿(j- y/
movement. Approach routes tò':construction sites shan be cJeaned daily of
construction-related dirt in dry weather.
. On-site stockpiles of excavated material shan be covered or watered.
. Disturbed areas shall be hydroseeded, landscaped, or developed as quickJy as
possible and as directed by the City to reduce dust generation.
. Heavy-duty construction equipment with modified combustion/fuel injection
systems for enlissions control shaJJ be utilized during grading and construction
activities. Catalytic reduction for gasoline-powered equipment shall be used.
Also, equip construction equipment with prechamber diesel engines (or
eq1Úvalent) together with proper maintenance and operation to reduce
emissions of nitrogen oxide, to the extent avaHable and feasible.
. Low pollutant-emitting construction equipment shall be used.
. Electrical construction equipment, shall be used to the extent feasible.
. The simultaneous operations of multiple construction equipment units shall be
minimized (i.e., phase construction to minimize impacts).
H. PUBLIC FACILITIES
Water
Significant Effect: Project-related growth precedes planned Otay Water
District (OWD) water facility improvements which are necessary to meet
additional capacity requirements.
Finding: Pursuant to section 15091(a)(1) of the State CEQA Guidelines,
changes or alterations are required in, or incorporated into, the project
which will substantially lessen or avoid the significant environmental
effect as identified in the SEIR, to a level below significance.
Mitigation Measures: The following mitigation measures are feasible and
are required as a condition of approval and are made binding on the
applicant through these findings. The measures are required at the GDP
level and will be implemented at the SPA plan level. [SEIR, Subchapter
4.9.4, page 182].
. Adequate potable and recycled water storage and distribution facilities
will be constructed in accordanoe with the Subarea Master Plan for .
21 J02ß~ 3c7.
EastLake Trails and the""Land Swap" Areas (pow en and Associates,
September 1998) and to the satisfaction of the Otay Water District
(OVID). These water infrastructure improvements are also described in
the proposed PFFPs for the EastLake Trails and EastLake Greens
SPAs. The proposed PFFP identifies the development impact fees that
the applicant needs to pay to mitigate impacts, the estimated cost of the
facility, and the applicant's obligation to construct and/or pay for the
necessary mitigation. Prior to approvaJ of the first Final Map, the
applicant shalJ provide written proof from OVID that adequate water
storage and distribution facilities are availab1e to serve the Trails and
"Land Swap" parcels.
. Water conservation techniques such as low-flow toilets and shower
heads, drought-resistant landscaping, and recycled water for landscape
irrigation will be required as conditions of approval for the tentative
maps to reduce on-site domestic water consumption,
Significant Effect: Significant impacts would occur if grading operations
within EastLake Trails would remove the existing 12-inch water
transmission line, which provides water supply to the Olympic Training
Center, prior to the completion of the 711 Zone water transmission mains .-
within Hunte Parl..-way and OJympic Parkway. [SEIR, Subchapter 4,9.3, p.
181]
Finding: Pursuant to section 15091(a)(1) of the State CEQA Guidelines,
changes or alterations are required in, or incorporated into, the project
which will substantially lessen or avoid the significant environmental
effect as identified in the SEIR, to a level below significanoe.
Mitigation Measures: The following mitigation measures are feasible and
are required as a condition of approval and are made binding on the
applicant through these findings. The measures are required at the GDP
level and will be implemented at the SPA plan level. [SEIR, Subchapter
4.9.4, page 182]
. 711 Zone water transmission mains within Hunte Parkway and
Olympic Parkway must be operational prior to removing the 12-inch
water line to assure continued water service to the Olympic Training
Center. This pipeline may be abandoned upon completion of the 711
Zone pipelines within Hunte Parkway and Olympic Parkway.
,
22 /;2 ß~ 33
Sewer Co,.
Sjgnifioant Effect: Development of the proposed project would result in an
incremental increase in sewage generation and would present a significant
impact due to the lack of existing transmission infrastructure,
SpecificalJy, the provision of sewer infrastructure on the southern "Land
Swap" parcel may require the potential need for deepened trunk sewer.
These deepened facilities represent a potentially significant impact. Also, a
significant impact on the existing EastLake Parkway sewer pump station
will result if development of the "Land Swap" parcels occurs prior to the
completion of the Poggi Canyon trunk sewer.
Finding: Pursuant to section 15091(a)(I) of the State CEQA Guidelines,
changes or alterations are required in, or incorporated into, the project
which will substantially lessen or avoid the significant environmental
effect as identified in the SEIR, to a level below significance.
Mitigation Measures: The following mitigation measures are feasible and
are required as a condition of approval and are made binding on the
applicant through these findings. The measures are required at the GDP
level and will be implemented at the SPA plan level. [SEIR, Subchapter
4.9.4, page 182].
. Mitigation for impacts to sewer service would require the development
of additional facilities wlrich would be funded by EastLake developers
and the other developments as appropriate. These sewer mitigation
measures are also described in the proposed PFFPs for the EastLake
Trails and the EastLake Greens SPAs. The proposed PFFPs describe
public facilities fees, payment schedule by the developer, and timing
of sewer improvements, based on the Telegraph Canyon Sewer Basin
Improvement and Financing Plan Amendment (June 1993) and the
City of Chula Vista Sewage Pump Station Financing Policy (No. 570-
03). The sewer infrastructure and distribution facilities improvements
described in the Sewer Repon for the "Land Swap" Parcels (P&D
Consultants, Inc., June 1998), and The Trails Wastewater Master Plan
(Dudek and Associates, August 1998) would be conditions of approval
for the tentative subdivision maps or other discretionary approvals for
the EastLake Trails and "Land Swap" parceJs. These measures
incJude:
. Prior to the issuance of a building permit for the "Land Swap" parcels,
completion of the Poggi Canyon Trunk Sewer System shall be
'. required. .
23 J2!S~ Jf/
. The project applicant sna1J propose and the City must approve a sewer
alternative which does not have any sewer facilities deeper than 12 feel
or one where the amount of deep sewer is minimized. Three
alternatives are shown for the deep sewer associated with the "Land
Swap" parcels. Additional environmental review may be required
depending on the sewer alternative that is selected.
Significant Effect: A significant capacity impact would occur if the Salt
Creek interceptor sewer is not constructed prior to the addition of
approximately 1,900 EDUs in EastLake.
Finding: Pursuant to section 15091(a)(1) of the State CEQA Guidelines,
changes or alterations are required in, or incorporated into, the project
which will substantially lessen or avoid the significant environmental
effect as identified in the SEIR, to a level below significance.
Mitigation Measures: The following mitigation measures are feasible and
are required as a condition of approval and are made binding on the
applicant through these findings. The measures are required at the GDP
level and will be implemented at the SPA plan level. [SEIR, Subchapter
4.9.4, page 182]
. Prior to the issuance of building pennits beyond 1,900 EDUs within
the remaining EastLake planned community developable areas
(EastLake II and III), full expansion of the Otay Lakes Road pump
station as described in the EastLake Trails Wastewater Master Plan
(August 1998) shall be required if the Salt Creek interceptor sewer is
not completed.
Schools
Significant Effect: The EastLake Trails/Greens Replanning Program
would generate additional elementary school students to the existing
schools that are near capacity.
Finding: Pursuant to section 15091(a)(1) of the State CEQA Guidelines,
changes or alterations are required in, or incorporated into, the project
which will substantially lessen or avoid the significant environmental
effect as identified in the SEIR, to a level below significance.
Mitigation Measures: The following mitigation measures are feasible and
are required as a condition of approval and are made binding on the
applicant through these findings. The measures are required at the GDP ~
24 J;¿ß~ JS-
level and will be implemeiÙêd al the SPA plan level. [SEIR, Subchapter
4.9.4, page 183]. These school mitigation measures are also described in
the proposed Public Facilities Financing Plans for the EastLake Trails and
EastLake Greens SPAs. The proposed PFFPs describe estimated costs for
the construction of school facilities identified in the SEIR.
. The development of the proposed on-site elementary school (13 acres)
would accomplish mitigation of the project's direct impact to schools.
Schoo] facilities financing and mitigation agreements between the
affected school districts and the project applicant would be required at
the time the tentative map is approved by the City Council to ensure
that the impacts on school facilities are mitigated to a ¡evel less than
significant. School facilities financing and. mitigation agreements
between the affected school districts and the project applicant shaH be
required prior to approval of any tentative map by the City Council.
This mitigation includes the provision of 13 gross acres for a school
site within the Trails for acquisition by the schoo] districts. In
addition, a financing agreement wiJI be required that includes the
fonnation of a Mello-Roos Community Facilities District to ensure
that development of school facilities is phased to accommodate the
buiJdout of the project.
Police
Significant Effect: The incremental increase in calls for police service is
considered a significant impact because existing services do not meet the
standard threshold for Priority One and Priority Two calls. [SEIR,
Subchapter 4.9.3, p. 181]
Finding: Pursuant to section 15091(a)(l) of the State CEQA Guidelines,
changes or alterations are required in, or incorporated intO, the project
which wiJI substantially lessen or avoid the significant environmental
effect as identified in the SEIR, to a level below significance.
Mitigation Measures: The following mitigation measures are feasible and
are required as a condition of approval and are made binding on the
applicant through these findings. The measures are required at the GDP
¡eve] and wiJI be implemented at the SPA plan level. [SEIR, Subchapter
4.9.4, page 183]. Police mitigation measures are described in the proposed
Public Facilities Financing Plans for the EastLake Trails and EastLake
Greens SPAs. The proposed PFFPs describe public facilities fees for
police services based on equivalent dwelling units by development phase.
- ~
25 Jm~3t
. Development of the proposed project would result in an incrementa]
increase in calls for police service. Significant impacts to police
servioes shall be addressed on a city-wide level through the payment of
public facility fees. The EastLake Trails project will be conditioned to
pay public facilities fees at the rate in effect the time building penni1s
are issued. Currently, the police department is addressing the
threshold standard for deficiency by preparing a long-range strategic
plan and a police facility Master Plan. The strategic plan will evaluate
service levels, staff levels, methods of development, and any other
factors related to service delivery. This wilJ also include an evaluation
of the established threshold which may need to be adjusted. The
public facility Master Plan will address the possibility of relocating the
current police facility to a more central location.
Significant Effect: . Use of the underpass beneath Otay Lakes Road as a
pedestrian trail leading to the Salt Creek linear park, may result in the
potential for significant public safety impacts. [SEIR, Subchapter 4.9.3, p.
181]
Finding: Pursuant to section 15091(a)(l) of the State CEQA Guidelines,
changes or alterations are required in, or incorporated into, the project
which will substantially lessen or avoid the significant environmental
effect as identified in the SEIR, to a level below significance.
Mitigation Measures: The following mitigation measures are feasible and
are required as a condition of approval and are made binding on the
applicant through these findings. The measures are required at the GDP
level and wilJ be implemented at the SPA plan/tentative map level. [SEIR,
Subchapter 4.9.4, page 183 through 184]
Concurrent with the application of any tentative map, the applicant shall
submit a plan that shows the following:
. Landscaping on and around the hiking trails shall be limited to low
maintenance ground cover and trees and of a height that would not
obscure visibility into the greenbeltlhiking trails route. This area
should be kept as open as possible to discourage loitering.
. Lighting a minimum of 15 feet high and of a construction that would
resist tampering and damage would be required. Lighting should
ilJuminate areas along the walkways and the surrounding recreational
areas to increase the defensible space. In addition, the walkways with
..
26 /c2ß-- -3 ?
the surrounding lighting-:and landscaping wou1d need to be of a type
that a]]ows emergency vehicles to pass.
. To promote use of the hiking trails and walkways, the subdivision
design shall encourage the construction of residential communities
which overlook the greenbelt recreational areas and hiking trails.
. The underpass will require continuous, well maintained, damage
resistant lighting throughout the entire tunnel. The wall construction
shall resist and discourage graffiti, and the materials used need to
include an illumination factor to enhance the security lighting.
. Because the drainage tunnel already has a required use (water runoff),
construction of a raised pedestrian walking path would be required
leading to and through the tunnel. To separate pedestrians from the
drainage ditch and prevent pedestrian injury, a railing/fencing would
be installed. The design and materials used to construct this
fence/railing should discourage climbing.
. With improvements expected to the street above the underpass, the
application of natural lighting through the median would enhance the
required installed (wired) lighting.
. Park and facility closing times and use restrictions shall be posted and
locked gates included. Set irrigation system timing to discourage use
after hours and Joitering. Insta]]ation of gates and fencing to control
access to the suggested pedestrian underpass is highly recommended.
Fire
Significant Effect: The incremental increase in calls result in a significant
impact at project buiJdout although adequate service to the area is
available in the shon-tenn. [SEIR, Subchapter 4.9.3, p. ]81]
Finding: Pursuant to section ]509](a)(l) of the State CEQA Guidelines,
changes or alterations are required in, or incorporated into, the project
which will substantially Jessen or avoid the significant environmental
effect as identified in the SEIR, to a level below significance.
Mitigation Measures: The fo]]owing mitigation measures are feasible and
are required as a condition of approval and are made binding on the
applicant through these findings. The measures are required at the GDP
level and wi]] be implemented at the SPA plan level. [SEIR, Subchapter ~
27 /0215 ~ yg-
4.9.4, page 183]. These fire:mitigation measures are also described in the
proposed Public Facilities Financing Plans for the EastLake Trails and
EastLake Greens SPAs. The proposed PFFPs describe public facilities
fees for fire and emergency medical services based on equivalent dwelling
units by deveJopment phase.
. Significant impacts to fire services sha]] be addressed on a city-wide
level through the payment of public facility fees. The EastLake Trails
project wi]] be conditioned to pay public facilities fees at the rate in
effect at the time building pemrits are issued. The nritigation measures
also include the adoption of the proposed, revised Fire Station Master
Plan which ca]]s for the addition of three new fire stations, including
one within the Woods residential neighborhood of EastLake ill within
the eastern territories and the relocation of Interim Fire Station No.6
within the Salt Creek Ranch project. The proposed changes to the Fire
Station Master Plan would allow the fIre depanment to meet the
standard thresholds for fIre protection at buildout of Eastlake.
These findings discuss alJ impacts contained in the SEIR and discussed at the numerous
public hearings. However, to the extent that an impact or "alleged" impact of the project
either direct or secondary has not been discussed in this document, the City Council
hereby overrides such impact for the reasons described in the Statement of Overriding
Considerations.
IX.
CUMill.ATIVE SIG]\'IFICANT EFFECTS AND MITIGATION MEASURES
Cumulative impacts are those which "are considered when viewed in connection with the
effects of past projects, the effects of other current projects, and the effects of probable
future projects" (pub. Resources Code section 21082.2 subd. (b)). Several development
proposals have been subnrined for consideration or have been recently approved by the
cities of Chula Vista and San Diego and the County of San Diego in proxinrity to
EastLake Trails/Greens. These "cuITent or probable future" development proposals
would affect many of the same natural resources and public infrastructure as EastLake
Trails/Greens Replanning Program. Severa] potentially significant cumulative impacts
are associated with development of EastLake Trails/Greens in conjunction with these
surrounding development projects.
In forffJUlating nritigation measures for the project, regional issues and cumulative
impacts have been taken into consideration. Many of the nritigation measures adopted for ,
28 /;2ß~ 3 '1
the cumulative impacts are similar to the ptôjecl level mitigation measun:s. This reflects
1he inability of the Lead Agenoy to impose mitigation measures on suITounding
jurisdictions (i.e., City of San Diego, City of National City, and Mexioo) and the
contribution of these jurisdictions to cumulative impacts. The project aJong with the
other related projects will result in the following iITeversib]e cumulative environmental
changes. All page numbers following the impacts refer to pages from the SEIR.
A. TRA..NSPORT A nONrrRAFFJC CIRCULA nON
Cumulative Effects: Cumulative impacts on shon-term and long-term traffio
operations would result at project area intersections, street segments, and freeway
operations for the year 2000, year 2005 (without SR-125), year 2010 (with SR-
125), and at buildout. The specific cumulative impact and associated mitigation
measures are described in detail in the traffic technical report and in Chapter 4.2,
Traffic Circulation, of the draft SEIR. [SEIR, Subchapter 4.2 and Chapter 5.0,
pp.79 through 83 and p. 195]
Finding: Pursuant to section 15091 (a)(I) of the State CEQA Guidelines, changes
or alterations are required in, or incorporated into, the project whioh wj ] avoid the
significant environmental effect as identified in the Subsequent EIR.
Implementation of the measures described below in addition to adherence with
applicable laws and regulations would mitigate significant impacts below a level
of significance.
Mitigation Measures: The following mitigation measures are feasible and are
required as conditions of approval and are made binding on the applicant through
these findings. [SEIR, Subchapter 4.2.4, p. 81-83] The project applicant would be
required to make fair-share contributions as mitigation for cumulative traffio
impacts. These cumulative transportation improvements are also described in the
proposed Public Facilities Financing Plans for the EastLake Trails and EastLake
Greens SPAs. For each of the project scenarios (i.e., Years 2000, 2005, 2010, and
Buildout), the PFFPs describe the transportation development impact fees based
on equivalent dwelling units by project phase. The proposed PFFPs identify the
development impact fees that the applicant needs to pay to mitigate impacts, the
estimated cost of the facility, and the applicant's obligation to construct and/or
pay for the necessary mitigation. Payment of the fees would be required at the
time building permits are issued.
Year 2000 (without SR-125)
The following mitigation measures wouJd reduce cumulative impacts for street
segments and intersections for the year 2000 without SR-125:
. .
29 /;2ß~7cJ
. Extend Olympic Parkway eastward to Hunte Parkway. The level of service
(LOS) improvement at the Telegraph Canyon RoadlI-805 (LOS F to LOS C)
southbound ramps intersection between years 2000 and 2005 is principaIly
due to the Olympic Parkway construction.
. Continued freeway planning efforts and deficiency planning by Cahrans and
SA.~ì)AG to determine acceptable mitigation strategies for the regional
freeway system. The City of Chula Visla is willing to review and consider
participating in a regional deficiency plan as deveJoped and approved by
SA.1\IDAG, Caltrans, and aU other local jurisdictions.
Year 2005 (without SR-125)
The following mitigation measures wouJd reduce cumuJative impacts for streel
segments and intersections for the year 2005 without SR-125:
. Construct SR-125 as a toll road, which would mitigate the segment impact on
East H Street
. Improve Otay Lakes Road to a six-lane Major street standards betWeen East H
Street and TeJegraph Canyon Road if SR-125 is not constructed, is not under
construction, or construction is not imminent. For pwposes of this mitigation
measure, "imminent" shall mean approved and funded.
. Improve Olympic Parkway betWeen I-80S and Paseo Ranchero to Prime
Arterial standards.
. Continued freeway planning efforts and deficiency planning by Caltrans and
SANDAG to determine acceptable mitigation strategies for the regional
freeway system. The City of Chula Vista is willing to review and consider
participating in a regional deficiency plan as developed and approved by
SANDAG, Caltrans, and all other local jurisdictions.
Year 2005 (with SR-125)
The following mitigation measures would reduce cumulative impacts for freeways
for the year 2005 without SR-125:
. Continued freeway planning efforts and deficiency planning by CaJtrans and
SANDAG to determine acceptable mitigation strategies for the regional
freeway system. The City of Chula Vista is wiJIing to review and consider
participating in a regional deficiency plan as developed and approved by
SANDAG, Caltrans, and all other local jurisdictions. .
30 / ~ ß ~*
Year 20W (with SR-J2»)
The fo!lowing mitigation measures would reduce the cumulative impacts for
intersections, street segments, and freeways for the year 2010:
Indireot
. Improve Lane A venue between Proctor VaIJey Road and Otay Lakes Road
to four-lane Major street standards.
. Improve Otay Lakes Road (SR-I25 to EastLake Parkway) to eight lanes.
. Continued freeway planning efforts and deficiency planning by Caltrans
and SANDAG to detennine acceptable mitigation strategies for the
regional freeway system. The City of Chula Vista is wilJing to review and
consider participating in a regional deficiency plan as developed and
approved by SANDAG, Caltrans, and an other local jurisdictions.
Buildout Conditions
The fonowing mitigation measures would reduce cumulative impacts for
street segments under buildout conditions:
. Improve EastLake Parkway between Otay Lakes Road and SR-I25 to six-
lane Major street standards.
. Continued freeway p]anning effoI1s and deficiency planning by Caltrans
and SANDAG to detennine acceptable mitigation strategies for the
regional freeway system. The City of Chula Vista is wining to review and
consider participating in a regional deficiency plan as developed and
approved by SANDAG, Caltrans, and an other local jurisdictions.
The mitigation measures identified in Chapter 4.2 would reduce direct
transportation/traffic circu]ation impacts associated with the proposed EastLake
Trails/Greens Replanning project vicinity. Application of these additional
measures to the proposed project and other projects in the area would reduce the
cumulative impacts associated with increased traffic on area roadways to below a
level of significance. However, at buildout the significant freeway cumulative
impacts would not be mitigabJe to below a level of significance. It should be
noted that some of the improvements, such as the near-term widening of I-80S,
may be infeasible due to funding constraints. Therefore, the cumulative impacts
to freeway segments would not be fuIJy mitigated.
.
31 /;<ß~t/oZ
B AIR OUALITY
Cumulative Effects: Because the San Diego Air Basin is nonattainment for ozone
and PM-lO, the incremental increase in air pollutants generated from lhe project
combined wÍlh air quality impacts from suITounding projects will result in a
cumulatively significant impact to air quality in the San Diego Air Basin. [SEIR,
Subchap1er 4.2 and Chapter 5.0, pp.79 through 83 and p. 195]
Finding: Pursuant to section 15091 (a)(1) of the State CEQA Guidelines, changes
or al1erations are required in, or incorporated into, the project which wiJJ avoid the
significant direct environmental effect as identified in the Subsequent EIR. No
mitigation for cumulatively significant air quality impacts is available other than
compliance with the goals and objectives of the Regional Air Quality Strategies.
Mitigation Measures: The following mitigation measures are feasible and are
required as conditions of approval and are made binding on the applicant through
these findings. [SEIR, Subchapter 4.2.4, p. 81-83]
The project is consistent with the goals and objectives of the Regional Air Quality
Strategies. No feasible mitigation is available to reduce cumulatively significant
air quality impacts to below a level of significance.
X.
FEASIBILITY OF POTENTIAL PROJECT ALTERNATIVES
Because the project wiJJ cause some unavoidable significant environmental effects, as
outlined above the City/County must consider the feasibility of any environmentaIJy
superior alternative to the project, as finally approved. The City must evaluate whether
one or more of these alternatives could avoid or substantially lessen the unavoidable
significant environmental effects.
In general, in preparing and adopting findings a lead agency need not necessarily address
feasibilÍly when contemplating the approval of a project with significant impacts. Where
the significant impacts can be mitigated to an acceptable (insignificant) level solely by
the adoption of mitigation measures, the agency, in drafting its findings, has no obligation
to consider the feasibility of environmentally superior alternatives, even if their impacts
would be less severe than those of the project as mitigated. Laurel Heighrs Improvement
Association v. Regents of the University of California (1988) 47 Cal.3d 376 [253 Cal.
Rptr. 426J: Laurel Hills Homeowners Association v. City Council (1978) 83 Cal.App.3d
515 [147 Cal. Rptr. 842]; see also Kings County Farm Bureau v. City of Hanford (1990) .
32 /.2ß~V
221 CaLApp.3d 692 [270 Cal. Rptr. 650]. --Accordingly. for this projeol. in adopting the
fIndings concerning project al1ernatives. the City Counoil considers only those
environmental impacts that, for the fina])y approved project, are significant and cannOI be
avoided or substantially lessened through mitigation.
Where, as in this project, significant environmental effects remain even after application
of all feasibJe mitigation measures identified in the Subsequent EIR, the decisionmakers
must evaluate the project alternatives identified in the Subsequent EIR. Under these
circumstances, CEQA requires findings on the feasibility of project alternatives.
"feasible" means capable of being accomplished in a successful manner within a
reasonable time, taking economic, environmental, legal, social, and technological factors
into account. [CEQA Gtridelines section 15364]
If project alternatives are feasible, the decisionmakers must adopt a Statement of
Oveniding Considerations with regard to the project. If there is a feasible alternative to
the project, the decisionmakers must decide whether it is environmentally superior to the
project. Proposed project alternatives considered must be ones which "could feasibly
attain the basic objectives of the project." However, the Guidelines also require an EIR to
examine alternatives "capable of eliminating" environmental effects even if these
al1ernatives "would impede to some degree the attainment of the project objectives_"
[CEQA Gtridelines section 15126]
The City has properly considered and reasonably rejected project alternatives as
"infeasible" pursuant to CEQA. CEQA provides the following definition of the term
"feasible" as it applies to the findings reqtrirement: "feasible" means capable of being
accomplished in a successful manner within a reasonable period of time, taking into
account economic, environmental, social, and technological factors." [pub. Resources
Code section 21061.1] The CEQA Guidelines provide a broader definition of "feasibility"
that also encompasses "legal" factors. CEQA Guidelines section 15364 states, "The lack
of legal powers of an agency to use in imposing an alternative or mitigation measure may
be as great a limitation as any economic, environmental, social, or technological factor."
Accordingly, "feasibility" is a term of art under CEQA and thus may not be afforded a
different meaning as may be provided by Webster's Dictionary or any other sources.
Moreover, Public Resources Code section 21081 governs the "findings" requirement
under CEQA with regard to the feasibility of alternatives. Specifically, no publio agency
shall approve or carry out a project for which an environmental impacl report has been
certified which identifies one or more significant effects on the environment that would
occur if the project is approved or carried out unless the public agency makes one or more
of the following findings:
, .
33 /ol!E'--~7
(]) "[c]hanges or aherations have; been required in, or incorporated into, the
project whioh avoid or substantially lessen the significant environmental effect
as identified in the final EIR" (CEQA GuideJines, 15091, subd. (a)(1)]
(2) "such changes or alterations are within the responsibility and jurisdiction of
another public agency and not the agency making the finding. Such changes
have been adopted by such other agency or can and should be adopted by such
other agency. [CEQA Guidelines, 15091, subd. (a)(2)]
(3) "[s]pecific economic, legal, social, technological, or other considerations,
including provision of employmenl oppoItunities for highly trained workers,
make infeasible the mitigation measures or project alternatives identified in
the final ElR." [CEQA Guidelines, 15091, subd. (a)(3)]
Public Resources Code section 21061.1 defines "feasible" to mean "capable of being
accomplished in a successful manner within a reasonable period of time, taking into
account economic, environmental, social and technological factors." CEQA Guidelines
section 15364 adds another factor. "legal" considerations. (See also Citizens of Goleta
Valley v. Board of Supervisors (1990) 52 Cal.3d 553,565 [276 Cal. Rptr. 410].)
The concept of "feasibility" also encompasses the question of whether a panicular
alternative or mitigation measure promotes the underlying goals and objectives of a
project. (City of Del Marv. City of San Diego (1982) 133 Cal.App.3d 410,417 [183 Cal.
Rptr. 898]) "'[F]easibility' under CEQA encompasses 'desirability' to the extent that
desirability is based on a reasonable balancing of the relevant economic, environmental,
social, and technological factors." (Ibid.; see also Sequoyah Hills Homeowners Assn. v.
City ofOaldand (1993) 23 CaI.App.4'" 704, 715 [29 Cal.Rptr.2d 182])
These findings contrast and compare the alternatives where appropriate in order to
demonstrate that the selection of the finally approved project, while still resulting in
significant environmental impacts, has substantial environmental, planning, fiscal and
other benefits. In rejecting ceItain alternatives, the decisionmakers have examined the
finally approved project objectives and weighed the ability of the various alternatives to
meet the objectives. The decisionmakers believe that the project best meets the finally
approved project objectives with the least environmental impact.
The Final SEIR for the project examined alternatives to the proposed project to determine
whether it could meet the project objectives while avoiding or substantially lessening one
or more of the project's significant impacts. The findings below examine alternative to
determine feasibility.
.
34 /02&5
A. NO PROJECT :\LTERNATIVE
Linder the No Projeot alternative, the EastLake Trails project site and the "Land Swap"
parcels would remain in their existing undeveloped condition. The direct impacts
associated with project implementation and the potentially significant cumulative impacts
related to proposed and approved developments in the area would not occur under this
scenario. These impacts include impacts to wetland habitats in Salt Creek, landform
alteration and aesthetic character, runoff and erosion patterns, noise, and traffic
circulation.
However, EastLak.e Trails, as pan of the City of Chula Vista General Plan and adopted
EastLake II GDP, is an area planned for development in the city of Chula Vista, and it is
likely that similar development would again be proposed for the site in the future. The
No Project alternative would not accomplish the goals of the proposed project (i.e., a
variety of housing types and accompanying planned community land uses).
Findin!!:
L This alternative would not achieve the open space goals of the Chula Vista
General Plan and adopted General Development Plan. Specifically, the
preservation and enhancement within the Salt Creek corridor associated with the
proposed project would not occur and no substantial open space preservation
would result from the No Project alternative.
1. This alternative conflicts with the housing goals of the General Plan, which
recommends that housing be provided for all income groups. Housing costs in the
Future Urbanizing Area would be too high for employees in nearby job sites.
3. This alternative provides lirue or no support for public transit, conflioting with the
adopted General Plan transit goals.
4. Retention of the project site in its existing state as primarily agricultural fields
would be inconsistent with the approved General Plan and adopted EastLake
General Development Plan land use designations for the site. This alternative
would not take advantage of the opportunity to contribute open space and would
not provide the housing opportunities envisioned in the General Plan. In addition,
key subregional traffic routes established in the Circulation Element would not be
implemented.
5. Also, retention of the site in its current vacant condition would not implement the
goals of the General Plan and would require reevaluation of the adopted GDP.
The project proposes to provide regional-serving public facilities designated in the
. community plan, including Circulation Element roads, schools, parks, open space, .
35 /c2!J~~
wat:':T conveyanc:,: faciJities, and (¡ther infrastructur:,:, These facjJities wouJd b:,:
ne:':D:,:d 10 SUPPOI1 suITounding developments whether the project is implemented
or not. The No Project alternative wou]d require that these faciJities be provided
without the benefit of the dedicalions and financial panicipation from private
dev:,:Jopment, which may delay or preclude facilities from being provided. The
reduction in dwelling units will result in a Joss of contributions into the PFFP
from the dwelling units/structures that would otherwise have made payments
upon issuance of building pennits. The loss of units under the No Project
alternative wou1d result in a shortfalJ of contributions into the PFFP and
potentially lead to insufficient funding for the remaining public faciJities cuITentJy
identified in the PFFP for construction in this area.
6. The City and County would receive much lower long-term revenues in the form
of property and sales tax, resulting from the non-development of residential.
B. DEVELOPMENT CONSISTENT wrm ADOPTED PLANS
.1>uJ alternative land use concept to the proposed project would be to implement the
adopted GDP and not proceed with the proposed amendments and coITesponding SPA
Plan for the Trails and SPA Plan Amendmenl for the Greens (see Figures 3-1 and 3-3 in
the Final SEIR). Under this scenario, the "Land Swap" parcels would not be included in
the Greens SPA, would not be annexed into the EastLake n GDP, and would remain as
pan of the Otay Ranch GDP as adopted in 1995. The land uses adopted for the Trails
would remain as shown in the existing EastLake n GDP.
ImpJementation of this alternative wouJd not substantialJy affect the significance of the
impacts associated with the proposed EastLake Trails and "Land Swap" parcels project.
However, this scenario would retain the commercial land use designation at the
intersection of Hunte Parkway and Dtay Lakes Road and would increase the overall
number of residential dwelling units within the EastLake Trails SPA by approximately 90
units. As such, there wouJd be minor incremental increases in the impacts associated
with the proposed EastLake Trails SPA Plan Amendment. The Jand uses shown for the
"Land Swap" parceJs are entirely consistent with those adopted under the Otay Ranch
GDP and are also consistent with the Chula Vista General Plan. Retention of the "Land
Swap" parcels as pan of the Otay Ranch GDP would not affect the environmental
impacts described in the SEIR.
Finding::
1. The resulting site design under this alternative would not implement the land use
concepts/objectives associated with the proposed project. The site design under
the adopted GDP wouJd not accommodate the open space enhancementlpubJic
recreational values created within the Salt Creek corridor under the proposed.
36 /C:Zß~¥?
project. AJso, this aJternative wouìè!'not impJemem the revision to the internal
circuJation pattern which allows the open space within Salt Creek to be buffered
by a perimeter roadway rather that residential lots.
2. In addition, the location of the e]ementary schoo] shown in the adopted plan
would not be acceptable to the Chula Vista E1ementary School District and would
provide Jess integration of the school/residentiaJ uses from a land use planning
persp-'..ctive.
XI.
STATEMENT OF OVERRIDING CONSIDERATIONS FOR THE PROPOSED
EASTI.AKE TRAILS/GREENS REPLANNING PROGRAM SEIR
The project would have significant, unavoidab1e impacts on the following areas,
described in detail in these Findings of Fact:
. Landform AlterationlVisual Quality (direct and cumulative);
. Biological Resources (direct and cumulative);
. Hydrology and Water Quality (direct and cumulative);
. PaleontoJogy (direct);
. Public Facilities (direct);
. Transponation, Circulation, and Access (direct and cumuJative);
. Air Quality (cumulative); and
. Noise (direct).
The City has adopted all feasible mitigation measures with respect to these impacts.
Although in some instances these mitigation measures may substantially Jessen these
significant impacts, adoption of the measures will, for many impacts, not fully avoid the
impacts.
Moreover, the City has examined a reasonab]e range of alternatives to the project. Based
an tr¡js examination, the City has determined that none of these alternatives both (I) meet
. project objectives and (2) is environmentally preferable to the finaIJy approved project. .
37 /c2!l~:/JY
As a result. 10 approve the project thè"City must adopt a "statement of oveniding
considerations" pursuant to CEQA Guidelines sections 15043 and 15093. This statement
allows a lead agency to cite a projeot's genera! econorrUo, socia! or other benefits as a
justjfication for choosing 10 allow the occulTence of specified significant environmental
effects that have not Ì>"'...en avoided. The statement explains why, in the agency's
judgment, the project's benefits outweigh the unavoidable significant effects. Where
another substantjve law (e.g., the California Clean Air Act, the FederaJ Clean Air Act, or
the California or Federal Endangered Species Acts) prohibits the lead agency from taking
certain actions with environmental impacts, a statement of oveniding considerations does
not relieve the lead agency from such prohibitjons. Rather, the decisionmaker has
æcommenàed mitjgation measures based on the analysis conUùned in the final SEIR,
recognizing that other resource agencies have the ability to impose more stringent
standards or measures.
CEQA does not require lead agencies to analyze "beneficial impacts" in an EIR. Rather,
EIRs are to focus on potentjal "significant effects on the environment," defined to be
"adverse." [Pub. Resources Code sectjon 21O68J The Legislature amended the definitjon
to focus on "adverse" impacts after the California Supreme Court had held that beneficial
impacts must also be addressed. Nevertheless, decisionmakers benefit from infonnation
about project benefits. These benefits can be cited, if necessary, in a statement of
oveniding consideratjons. [CEQA Guidelines sectjon 15093J -
The City finds that the project would have the following substantia] social,
environmental, and economic benefits:
1. The project would place approximately 15.2 acres in open space for the benefit of
residents, the public, and wildlife. The proposed designation of the open space,
would provide an improved transition to Salt Creek and the habitat preserve areas
to the south identified in the Chula Vista Multiple Species Conservatjon Program
Draft Subarea Plan.
2. The overaJl project area from a cumulative standpoint currently exceeds Federal
and State air quality standards for a number of emissions factors, including ozone
and carbon monoxide. A substantjal majority of these emissions are attributable
to motor vehicles. In order to comply with the Federal and California Clean Air
Acts, the San Diego region must reduce these sources. The project is designed to
reduce the adverse impact to air quality and automobi]e congestion that would
otherwise result if jobs and housing were provided for in a typical suburban
development pattern. The project accomplishes this goal through its location and
design by promotjng linkage of trips, reduced trip length and encourage use of
alternative modes of transportation such as biking, walking, and use of transit.
.
38 /c2ß-Ý1
.--.-.
3. The project wi]) provide for significant community-wide public faci]jties. As the
plan is implemented, it will be responsible for constructing on-site a significant
portion of the public facilities and infrastruoture required serving the subregion.
These facilities include:
a) Improvements to regional backbone circulation system, including Olympio
Parkway, Otay Lakes Road, EastLake Parkway, and Hunte Parkway. In
addition, the "Land Swap" parcels accommodate the right-of-way for
SR-125.
b) Schools serving the subregion including the on-site elementary school.
c) A community park with fields and community buildings,
d) Water line and sewer infrastructure improvements that serve the larger
subregion.
4. The project is generally consistent with and implements the land use designations
of the adopted General Plan and General Development Plan, provides a mix of
land uses that provides housing opportunities, recreational opportunities, and the
,- public facilities in the Eastern Tenitories of the City of Chula Vista. As such, the
project provides the opponunity to complete the comprehensive planning process
initiated for the overall EastLake Planned Community in 1982.
5. The project will help meet a projected long-term regional need for housing by
providing a wide variety of housing types and prices. SANDAG housing capacity
studies indicate a shortage of housing will occur in the project area within the next
20 years. In recent years, the cost of housing compared to other uses has risen
disproponionate to the cost of other uses in the project area (e.g.. commercial.
industrial), reflecting a shonfall in residentially zoned land. The project will help
reduce the cost of housing by designating an adequate supply of suitable land for
residential development. The proposed range of residential densities within
EastLake Trails and southern "Land Swap" parcel will result in housing types and
prices that will promote socioeconomic diversity, which the City finds both
important and desirable.
6. The fiscal impact analysis conducted for the EastLake Trails/Greens Replanning
Process has concluded that, at buiJdout, the project will have a net positive impact
on the City of Chula Vista. In addition, the approval of this project will result in
an increased generation of real propeny tax revenue for the City of Chula Vista.
The City would receive real property tax increment revenues attributable to the
increased value of improved real propeny assooiated with the 1.170 dwelling units
'- . for the project. Based on the assessed value of the ¡and with implementation of .
39 /2ß ~3Õ
the proposed improvements and a'-standard tax rate of J .25 percent, total propeI1y
tax jor the proposed units (assuming an average valuation of $250.000 per
dwelling unit) would be approximately $3,656.250 per tax year. A poI1ion of
these propeI1y taxes would be paid to the City. II shou]d be noted that the
estimated real estate values and the tax rate used to calculate the propeJ1y tax are
subject to change as individual phases of the project are implemented.
7. The project would generate new temporary construction-related jobs lhat would
enhance the economic base of the region.
For these reasons on balance, the City Council finds there are economic, social, and other
considerations resulting from the project that serve to override and outweigh the project's
unavoidable significant environmental effects, and thus, the adverse unavoidab]e effects
are considered acceptabJe.
.
40 /;23 .- S/
. .
MITIGA TION MONITORING PROGRAM
This mitigation moniloring program was prepared for the City of ChuJa Vista for the
EastLake Trails/Greens Replanning Program to comply with Assembly Bm 3180, which
requires public agencies to adopt such programs to ensure effective implementation of
mitigation measures. This monitoring program is dynamic in that it will undergo changes
as additional mitigation measures are identified and additional conditions of approval are
placed on the project throughout the project approval process.
This monitoring program will serve a dual purpose of verifying completion of the
mitigation measures for the proposed project and generating information on the
effectiveness of the mitigation measures to guide future decisions. The program includes
the following:
. Monitoring team qualifications
. Specific monitoring activities
. Reponing system
. Criteria for evaluating the success of the mitigation measures
The EastLake Trails/Greens Replanning Program involves two neighborhoods known as
EastLake Greens and EastLake Trails, both located within the EastLake II GDP area.
The EastLake Greens neighborhood, which has an adopted SPA and is developed,
consists of 853.2 acres and contains a wide range of residential densities and other
support services. The EastLake Trails neighborhood, which does not have an adopted
SPA and is oun-ently vacant, consists of 322.2 acres, and under the adopted EastLake II
GDP, this area contains residential land use designations for the most part, with the
exception of a IS-acre commercial site.
In 1992, the EastLake and Baldwin companies completed a land exchange involving
three parcels of land which are commonly known as the "Land Swap" parcels. The
"Land Swap" parcels originally consisted of 157 acres. A total of 15.3 acres of the 157
acres was added to several EastLake Greens parcels (R-lO, R-12, R-20, P-3), and
Olympic Parkway right-of-way. This acreage is already included in the cuITent]y adopted
EastLake Greens SPA. The remaining balance of 141.7 acres would be added to the
Greens SPA with the proposed amendment. The amendments to the Eastlake II GDP and
the SPA Plans for the Trails and Creeks are described in the ElR text.
The Subsequent Environmental Impact Report, incorporated herein as referenced, focused
on eight issues determined to be potentially significant by the City of Chula Vista. The
environmental analysis concluded that for all of the environmental issues discussed, some .
I / -2 g ~- 52
EXHIBIT D
of the significant and potentiaJly significa~flmpacts could be avoided or reduced through
lmpJementation of recommended mitigation measures. The eight issues are transpOT-
tationltraffio oirculation; bioJogical resources; hydrology/drainage; landform alteration/
visual quality; noise; paleontology; air quality; and public facilities. Cumulatively
adverse impacts were identified for landform/visual quality; transportati on/traffi c
circulation; and air quality.
AB 3180 requires monitoring of only those impacts identified as significant or potentiaJly
significant; the monitoring program for the EastLake Trails/Greens Replanning Program
therefore addresses the impacts associated with the issue areas identified above.
Mitigation Monitoring Team
A monitoring team should be identified once the mitigation measures have been adopted
as conditions of approval by the Chula Vista City Council. Managing the team would be
the responsibility of the Mitigation Monitor (MM). The monitoring activities would be
accomplished by the Environmental Monitors (EMs), Environmental Specialists (ESs),
and the MM. While specific qualifications should be determined by the City of Chula
Vista, the monitoring team should possess the fonowing capabilities:
. Interpersonal, decision-making, and management skills with demonstrated experience
.-
in working under trying field circumstances;
. Knowledge of and appreciation for the general environmental attributes and special
features found in the project area;
. Knowledge of the types of environmental impacts associated with construction of
cost-effective mitigation options; and
. Excellent communication skins.
The responsibilities of the MM throughout the monitoring effort include the following:
. ImpJement and manage the monitoring program;
. Provide quality control for the site-development monitoring;
. Administrate and prepare daily logs, status reports, compliance reports, and the final
construction monitoring;
. Act as liaison between the City of Chula Vista, the EastLake developer, and the
applicant's contractors;
.
2 /-2/f-SY
'-,.
. Monitor on-site, day-to-day construction' activities, including the direotion of EMs
and ESs in the understanding of all permit oonàitions. site-specific project
requirements, construction soheàules, and environmental quality control effort;
. Ensure contractor knowleàge of and compliance with all appropriate permit
conditions;
. Review all construction impact mitigation and, if need be, modify existing mitigation
or proposed additional mitigation;
. Have the authority to require correction of activities observed that violate project
environmental conditions or that represent unsafe or dangerous conditions; and
. Maintain prompt and regular communication with the on-site EMs and ESs, and
personnel responsible for contractor performance and permit compliance.
The primary role of the Environmental Monitors is to serve as an extension of the MM in
performing the quality control functions at the construction sites. Their responsibilities
and functions are to:
. Maintain a working knowledge of the EastLake Trails/Greens permit conditions,
contract documents, construction schedules and progress, and any special mitigation
requirements for his or her assigned construction area;
. Assist the MM and EastLake Trails/Greens construction contractors in coordinating
with City of ChuJa Visæ compliance activities:
. Observe construction activities for compliance with the City of Chula Vista permit
conditions; and
. Provide frequent verbal briefings to the MM and construction personnel, and assist
the MM as necessary in preparing sætus reports.
The primary role of the Environmental Specialists is to provide expertise when
environmentally sensitive issues occur throughout the development phases of project
implemenætion and to provide direction for mitigation.
Program Procedural Guidelines
Prior to any construction activities, meetings should take place between aI] the parties
involved to initiate the monitoring program and establish the responsibility and authority
of the participants. Mitigation measures that need to be defined in greater detail wiJ] be
. .
3 ),2ß~.5Ý
addressed prior to any project plan approÇ-â1s in follow-up meetings designed to discuss
specific monitoring effects.
An effective reporting system must be established prior to any monitoring effoIts. AU
parties involved must have a clear understanding of the mitigation measures as adopted
and these mitigations must be distributed to the participants of the monitoring effoIt.
Those that would have a complete list of aU the mitigation measures adopted by lhe City
of Chula Vista would include the City of Chula Vista, the EastLake Trails/Greens
developer, the MM, and the construction crew supervisor. The MM would distribute to
each Environmental Specialist and Environmental Monitor a specific list of mitigation
measures that pertain to his or her monitoring tasks and the appropriate time frame that
these mitigations are anticipated to be implemented. In addition to the list of mitigations,
the monitors wiIJ have mitigation monitoring report (MMR) fonns with each mitigation
written out on the top of the fonn. Below the stated mitigation measure, the fonn wiIJ
have a series of questions addressing the effectiveness of the mitigation measure. The
monitors shaH complete the MMR and file it with the MM folJowing their monitoring
activity. The MM wilJ then include the conclusions of the MMR into an interim and final
comprehensive construction repoIt to be submitted to the City of Chula Vista. This repoIt
wiIJ describe the major accomplishments of the monitoring program, summarize
problems encountered in achieving the goals of the program, evaluate solutions
developed to overcome problems, and provide a list of recommendations for future ..-
monitoring programs. In addition and if appropriate, each EM or ES wiIJ be required to
fi]] out and submit a daily log repOIt to the MM. The daily log repOIt wi]] be used to
record and account for the monitoring activities of the monitor. Weekly/monthJy status
reports, as determined appropriate, will be generated from the daily logs and compliance
repoIts and wiIJ include supplemental material (i.e., memoranda, telephone logs, letters).
This type of feedback is essential for the City of Chula Vista to confonn the
implementation and effectiveness of the mitigation measures imposed on the project.
Actions in Case of Noncompliance
There are generally three separate categories of noncompliance associated with the
adopted conditions of approval:
. Noncompliance requiring an immediate halt to a specific task or piece of equipment;
. Infraction that initiates an immediate COITective action (no work or task delay); and
. Infraction that does not warrant immediate ooITective action and results in no work or
task delay.
In all three cases, the MM would notify the EastLake Trails/Greens contractor and the
City of Chula Vista, and an MMR would be filed with the MM on a daily basis. .
4 /~8r35
___'_n- ~--------
There are a number of options the City of Chu ¡: Vista may use to enforce this program
should non:ompliance continue. Some methods common))' used by other )ead agencies
include "stop work" orders, fines and penalties (civil), restitution, pennit revocations,
citations, and injunctions. It is essential that an panies involved in the program
understand the authority and responsibility of the on-site monitors. Decisions regarding
actions in case of noncompliance are the responsibility of the City of Chula Vista.
The fonowing text includes a summary of the project impacts and a list of an the
associated mitigation measures. The monitoring effons necessary to ensure that the
mitigation measures are properly implemented are incorporated into the measures. An
the mitigation measures identified in the EIR are anticipated to be translated into
conditions of project approval. In addition, once the project has been approved and prior
to its implementation, the mitigation measures shall be further detailed.
SUMMARY OF PROJECf IMPACTS AND MITIGATION MEASURES
The following table summarizes all the project impacts and lists all the associated
mitigation measures and the monitoring efforts necessary to ensure that the measures are
proper]y implemented. AU the mitigation measures identified in the SEIR are
recommended to be translated into conditions of project approval and are stated herein in
language appropriate for such conditions. In addition, once the EastLake Trails/Greens
Replanning Program has been approved and during various stages of implementation, the
mitigation measures shall be further detailed by the designated monitors, City of Chula
Vista, and the applicant.
. .
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11/
COUNCIL AGENDA STATEMENT
Item );]
Meeting Date 11/24/98
ITEM TITLE: Public Hearing regarding the declaration by the City Council of its
intention to establish Community Facilities District No. 97-3 (McMillin
Otay Ranch SPA One) pursuant to the provisions ofthe "Mello-Roos
Community Facilities Act of 1982", for the purpose of acquisition of
certain public facilities through the issuance bonds secured by special
taxes
/1. Resolution /fl:2.?? forming and establishing Community
Facilities District No. 97-3 (McMillin Otay Ranch SPA One) and
Authorizing Submittal of Levy of Special Taxes to the Qualified Electors
ß, Resolution /'l:2.?? declaring necessity to incur a bonded
indebtedness, submitting to the qualified electors of a community
facilities district a proposition to incur a bonded indebtedness secured by
a special tax levy to pay for certain capital facilities in Community
Facilities District No. 97-3 (McMillin OtayRanch SPA One), and giving
notice thereon
SUBMITTED BY: Director of Public W ork~ ~
REVIEWED BY: City Manager aþ'f (4/Sths Vote: Yes_NoX)
On October 27 1998, Council approved the resolution of intention to form Community Facilities District
No. 97-3 and set the public hearing for November 24, 1998. This district will fund the construction of
public facilities serving the McMillin Otay Ranch project. Tonight's action will continue the formal
proceedings leading to the establishment of Community Facilities District No. 97-3.
RECOMMENDATION: That Council
. Open the hearing, take public testimony, close the public hearing;
. Approve the resolution forming and establishing Community Facilities District
No. 97-3 and Authorizing Submittal of Levy of Special Taxes to the Qualified
Electors
. Approve the resolution declaring necessity to incur a bonded indebtedness,
submitting to the qualified electors of a community facilities district a proposition
to incur a bonded indebtedness secured by a special tax levy to pay for certain
capital facilities in Community Facilities District No. 97-3 and giving notice
thereon
BOARDS/COMMISSIONS RECOMMENDATION: Not applicable.
DISCUSSION:
JJ~/
Page 2, Item-
Meeting Date 11/24/98
Back!!round
This public hearing is for the purpose of forming Community Facilities District 97-3 (McMillin Otay
Ranch SPA One). The Resolution ofIntention to form the district was approved by Council on October
20, 1998. Community Facilities Districts provide the necessary funding for the acquisition of public
improvements by levying an annual "special tax", which is collected from the property owners in
conjunction with the property taxes. There is no direct cost to the City. All expenses related to the
district administration (including levying and collecting the special taxes) are funded by the district. The
ultimate security behind the bonds are the properties located within the district, not the City's General
Fund or its ability to tax property within its jurisdiction. This district will be formed in conformance
with the "City of Chula Vista statement of goals and policies regarding the establishment of Community
Facilities Districts" (CFD Policy) as adopted on January 13, 1998 and amended on July 28, 1998.
District Boundaries
Exhibit I presents the boundaries ofthe proposed CFD which includes all parcels looated within the Otay
Ranch MoMilIin SPA One (total acreage =290), At buildout, the district would contain a total of 538
Single Family Residences, 160 Attached Residences, 776 Multifamily Residences, 3 Acres of oommercial
and 5 Acres for Community Purpose Facilities (churches, day care, ballfields, etc.).
The ImDrovements
On October 20,1998, Council approved the "Rate and Method of Apportionment" of the speoial taxes
for CFD 97-3. Preliminary estimates prepared by the special tax consultant show that the maximum tax
revenue (using the proposed taxes) from all the properties within the district would support a total bond
indebtedness of approximately $10.7 million (assuming a 7% interest and a 30-year term on the bonds).
A bond sale amount of$10.7 million will finance approximately $9 million in facilities (i.e. grading,
landscaping, streets, utilities, drainage, sewer, pedestrian bridges, etc). The balance will provide for
a reserve fund, capitalized interest and pay district fonnation and bond issuance costs.
The developer is proposing the financing of backbone streets and associated improvements (i.e.,
grading, sewer, streets, dry utilities), a pedestrian bridge, and backbone utilities. The Acquisi-
tion/Financing Agreement to be agendized on the December 8, 1998 Council meeting will establish
the priority for CFD financing of said improvements, as required by the CFD policy. Following is
a general description ofthe proposed facilities:
* Olympic Parkway (onsite), within the subdivision boundaries
* Olympic Parkway (offsite), estimated fair share of Otay Ranch McMillin towards the
construction of the portion from Paseo Ranchero to Brandywine Avenue
* La Media Road, from Telegraph Canyon Road to Olympic Parkway
* East Palomar Street, within the subdivision boundaries
* Santa Cora A venue in its entirety and a sewer trunk line extending to the north
* Pedestrian bridge over La Media Road
The looation of said facilities is presented in Exhibit I. The total improvements suggested by
McMillin for inclusion in the district would cost around $14.0 million. As mentioned before, it is
estimated that only $9 million will be able to be funded by the CFD. On October 20,1998, Council
adopted the "Resolution Declaring Intention to Issue Bonds" approving a maximum bond
authorization of $13.5 million. The actual amount to be financed by CFD 97-3 would be determined
after bond sale when the final interest rate on the bonds and final value-to-lien ratios are known.
J:J~.J.-
Page 3, Item-
Meeting Date 11/24/98
Ultimately, as subdivision exactions, the developer will finance improvements that this CFD district
cannot finance. The proposed CFD lies within various Development Impact Fee (DIF) areas (Poggi
Canyon Sewer, Transportation, and the proposed Pedestrian Bridge DIFs) which places a cap on the
CFD's ability to finance these improvements.
Special Tax Report
A copy of the special tax report (Community Facilities District Report Mello-Roos Community
Facilities Act of 1982) prepared by the Special Tax Consultant, David Taussig & Associates, is on
file in the City's Clerk Office. Said report incorporates the "Rate and Method of Apportionment"
(previously approved by Council) establishing the procedure for levying the special taxes in CFD 97-
3. The district will have four categories of taxation, as follows:
. Residential Developed Parcels (single and multi family residences) are taxed based on the square
footage of the building ($0.392 per square foot). Developed parcels are those parcels for which
a building pennit has been issued, This tax rate has been detennined by a preliminary "2%
maximum tax" analysis. Said analysis, which is based on estimated house sizes and prices, sets
the amount of the maximum special tax that may be levied by CFD 97-3 on residential parcels.
It should be noted that a final test will be required at escrow closing using actual house sale
prices. If the 2% limit is exceeded, the developer is required to buydown the lien to an amount
sufficient to meet the 2% criteria.
. Non-Residential Developed Parcels are taxed based on acreage of the paroel (Commercial at
$4,000 per aore and Community Purpose Facility (CPF) at $1,000 per acre). The apportionment
methodology assumes that one acre of commercial is equal to 5.33 single family residences (5.33
x $750 (average tax on a single family residence) = $4,000). The special tax consultant considers
this a reasonable assumption which has been used in others CFDs throughout California. This
ratio is corroborated by data published by the San Diego Area Association of Governments
(SANDAG) whioh provides that the people generation of one acre of commercial property is
approximately 5.6 the number of people in a single family residence. The CPF tax has been set
at 25% of the commercial rate. The developer considers this a tax that may be reasonably
supported by this land use category. A slightly higher faotor of 33% was detennined for
Assessment District No. 97-2 which was fonned by Council to finance backbone improvements
in an adjacent property in the Otay Ranch Village One.
. The Undeveloped Land category includes all the parcels for which a building pennit has not been
issued. The tax on Undeveloped Land is based on the total acreage of the parcel ($7,954 per
acre). During buildout, the collection from developed properties is not enough to cover the
annual debt service. During that period the undeveloped land taxes will cover the shortfalL
Based on a conservative housing absorption projection, the special tax consultant has detennined
that an undeveloped land tax of $7,954 is needed to meet the annual debt service. Even if no
development occurs and the whole property remains undeveloped, the proposed tax will generate
enough tax to cover the debt service on the bonds.
. The Taxable Homeowners Association Parcels are taxed based on the acreage of the parcel
($7,954 per aore). Same as the Undeveloped Land tax, This category is only included incase the
current land plan is changed and there is a significant increase in open space. The new HOA
property would be taxable to protect the bondholders.
/3~3
Page 4, Item-
Meeting Date 11/24/98
The "Rate and Method of Apportionment" detennines that no special tax shall be levied on up to 155.385
acres of Property Homeowners Association and Public Property. This acreage includes all the parcels
to be conveyed to the HOA or dedicated to the City, Any dedication of public property above the
combined HOA and public total acreage threshold of 155.385 acres would require a discharge of debt
such that no public lands would be taxed. These categories were created to provide additional assurance
to prospective bond purchasers that the collectible tax will always cover the annual debt service.
Collection of Taxes
First, the maximum special taxes will first be levied on the developed parcels (Residential and Non-
Residential). If this pool of funds is not enough to meet the annual debt service, as may be the case in
the early years of development, the district will levy a tax on the Undeveloped Land. Again, if additional
monies are needed after the first two steps have been completed, the special tax shall be levied on
Taxable Property Homeowners Association Property. After buildout, if the annual need is less than the
collectible tax !Tom the Developed Parcels, the special taxes to be levied in that specific year will be
reduced proportionally.
Since this district is assessed based on the square footage of the home the bond holders require protection
in the event that the developer builds homes ofless square footage than projected. This district used a
Backup Special Tax where each final map ("Planning Area") will have to meet its projeoted total square
footage or the developer will have to make up the lost revenue by prepayment of special taxes. This type
of Backup Special Tax will require more administration by the City to monitor the development for every
building pennit pulled, however, these administration costs (estimated at $125,000 per year during
buildout and $75,000 per year thereafter) are recoverable !Tom the district. The Backup tax is payable
in cash or by posting a letter of credit. Once a Planning Area is built out, the excess cash or letters of
oredit will be returned to the payer. There is a five year limit on the build out process. If the Planning
area has not been built out within five years of receipt of the first Backup Special Tax, all Baokup Special
Tax payments shall be used to redeem bonds at that time,
The "Rate and Method" also includes provisions for the prepayment of the special taxes in the event
the developer or a future property owner decides to do so.
Maximum Taxes
The rate of special tax levy for a variety of dwellings is as follows:
Single Family Detached (1920 SF) $752
Single Family Detached (1200 SF) $470
Attached (1100 SF) $431
Multi Family (1000 SF) $392
Commercial/Industrial ( 1 Acre) $4,000
Community Purpose Facility (I Acre) $1,000
Vacant Land (1 Acre) $7,954
In acoordance with the CFD policy, these taxes are not subject to esoalation.
/3-1
Page 5, Item-
Meeting Date 11/24/98
Value to Lien Ratio Policy
Council policy requires a minimum 4: I value-to-lien ratio. A ratio ofless than 4: I, but equal to or
greater than 3: I, may be approved, in the sole discretion of Council, when it is determined that a ratio
of less than 4: I is financially prudent under the circumstances of a particular CFD.
A final appraisal and lien ratio analysis would be available for Council consideration prior to bond
sale, which is planned for March 1999. If the final analysis shows parcels which fail to meet the 4:1
ratio, or 3: I ratio if approved, the developer would be required to either:
. Provide cash or letters of credit to maintain the lien ratio within the City criteria; or,
. The principal amount of the bonds to be issued for AD 97-2 will be reduced to comply with
City policy; or,
. Provide sufficient information to oonvince Council that a lesser lien ratio is prudent.
Maximum Tax Policy
Council Policy establishes that the maximum annual CFD special taxes applicable to any newly
developed residential property shall be no more than 1% of the sale price of the house. In addition,
the aggregate of all annual taxes and assessments is limited to 2% of the sale price of the house.
A preliminary calculation ofthe maximum tax, using estimated house j)rices, has been completed and
all homes fall within the 2% limit. A final test will be performed at escrow closing using the actual
sale price of the house. Council Policy requires that at or prior to each closing of escrow, the escrow
company shall apply a "calculation formula" previously approved by the City Engineer to determine
the aggregate of regular County taxes, Mello-Roos taxes, and assessment installments. If the 2%
limit is exceeded, the developer would be required to provide cash to buy down the lien to an amount
sufficient to meet the 2% tax ceiling. Complianoe with this procedure would ensure that the
aggregate tax to be paid by the purchaser of the house meets the City's criteria, Since the 2% limit
is a City policy the limit is not being included in the rate and method of the district.
Public hearine: and Resolutions
There are two resolutions on today's agenda which, if adopted after the public hearing, will accomplish
the following:
The Resolution forming and establishing CommunitY Facilities District No. 97-3 (MoMilIin Otay Ranch
Spa One) and Authorizine: Submittal of Levy of Special Taxes to the Oualified Eleotors preforms the
following:
. Sets the name of the District
. Identifies the Special Tax Report prepared by David Taussig and Associates as the report to
be used for all future proceedings
. Establishes a Special Tax secured by a continuing lien to secure the bonds
. Sets the boundary of the district
. Submits the levy ofthe special tax to the property owners
. Describes the type of faoilities to be financed by the distriot
/J--š
Page 6, Item-
Meeting Date 11/24/98
The Resolution declaring: necessitv to incur a bonded indebtedness submitting to the qualified electors
of a communitv facilities district a proposition to incur a bonded indebtedness secured bv a sDeeial tax
levy to pay for certain capital facilities in CommunitY Facilities District No. 97-3 (McMiIlin Otav Ranch
Spa One) and ~iving notice thereon perfonns the following:
. Declares that a bond issuance is necessary
. Describes the type of facilities to be financed by the district
. Limits the bond tenn to 30 years and the maximum interest rate to 12%
. Submits two ballots to the property owners: Proposition A) to incur a bonded indebtedness not
to exceed $13.5 million to pay for authorized facilities pursuant to the special tax fonnula and
to levy a special tax, and Proposition B: to establish an appropriation limit equal to $13.5 million
. Established an election procedure
Notice
All property owners within the district have been notified of the publio hearing through the mail as well
as a notice in the Star News.
Future Action
There will be an election by land owners to vote on the district's fonnation in the clerk's office on
December 1,1998 with Certification of the election results by Council on December 8,1998. The
agreement for the City's acquisition of the developer's constructed improvements will also be brought
before Council on the December 8, 1998 meeting. The issuance of bonds is anticipated in March of 1999.
Staff and developers have met several times to discuss certain issues related with the Acquisi-
tionlFinanoing Agreement. Exhibit 2 presents a letter and issue matrix containing the agreement reached
by both parties. The AcquisitionlFinancing Agreement will be brought to Counoil on December 8, 1998.
FISCAL IMPACT: None, the developer will pay all costs and has deposited money to fund initial
consultant costs, and City costs in accordance with the approved Reimbursement Agreement. The City
will receive the benefit of the full cost recovery for staff time involved in district fonnation (estimated
at $25,000) and administration activities. Staff anticipates that most of the CFD 97-3 administration wiIl
be contracted out. The CFD administration oost is estimated at $125,000 annually during buildout and
$75,000 annually thereafter.
In accordance with the CFD Policy, as oonsideration for the City's agreement to use the City's bonding
capacity to provide the financing mechanism for the construction of the proposed improvements, the
developer will pay one percent (1%) of the total bond authorization prior to bond sale. Said obligation
wiIl be included in the Acquisition / Financing agreement.
Exhibit: 1- Boundary Map & Location offacilities
2, Acquisition/financing Agreement Issues
No"mb" 19, 1998
CFO973
H ,IHOMEIENG INEERIAGENDA \97 -3PH3.LOT
J3-/-
McMillin I OIay Ranch EXHIBIT" 1 "
CFD No. 97-3
PLANNING AREA MAP
800' 0' 800'
~ P&D CONSULTANTS ~~..., I
o. 4C'",ST"A"STREIC,SUI"II2S00
'AI, O'COO. CALIcORN" 92101
"II" (619) 232-446£ fAX 234-3022
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McMillin LandDeveloprnent EXHIBIT
',ovembec :~. ] 'in
'O""M"','Oomo","
?vlr. George Krempl
Deputy City Manager
CITY OF CHULA VISTA
::'76 Fourth Avenue
ChulaVista.CA 91910
RE: CFD 97-03 Acquisition and Financing Agreement
McMillin Otay Ranch SPA I
Dear Mr. Krempl,
Attached. please find an issue matrix prepared by the staff of the City of Chula Vista in
response to the Acquisition and Finanoing Agreement for CFD 97-03. By the signature
below, the City of Chula Vista and McMillin Otay Ranch, LLC agree in principle as to
the resolution of those issues.
The Agreement will be amended to reflect the changes and forwarded to City Council at
the hearing of December 8,1998. The Resolution of Fonnation will be taken to City
Council as scheduled on November 24, 1998.
If you have any particular questions or require additional infonnation, please contact us
direotly at 336-3672.
Sincerely,
:-lcMillin Otay Ranch, LLC, City ofChula Vista
A Delaware limited Liability Company
By: McMillin Companies, LLC, ~
A Delaware limited Liability Company,
It's M ember /!¡ 'J' E~ '
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no"",en!1\! 1!!>hr'Ot'Wll.lì" JIìg!I~"on¡J¡¡MmmùmdDmlopmenl MeMHlin Horn" MeMillin Commcrcial
CORPORATE OFFICE 2727 HOOVER AV,"UE NATIONAL CITY CA 91950 TEL (619) 477-4117 FAX (619) 336,3112 _m=""".~m
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Revised 11/20/98
RESOLUTION NO. 19276
RESOLUTION FORMING AND ESTABLISHING COMMUNITY FACILITIES
DISTRICT NO. 97-3 (MCMILLIN OTA Y RANCH SPA ONE) AND AUTHORIZING
SUBMITTAL OF LEVY OF SPECIAL TAXES TO THE QUALIFIED ELECTORS
WHEREAS, the CITY COUNCIL of the CITY OF CHULA VISTA, CALIFORNIA (fhe "City
Council"), has previously declared its intention and ordered fhe preparation of a Special Tax Report relating
to fhe initiation of proceedings to create a Community Facilities District pttrsuant to the terms and
provisions of fhe "Mello-Roos Community Facilities Act of 1982" , being Chapter 2.5, Part 1, Division
2, Title 5 of the Government Code of fhe State of California (fhe "Act") and fhe City of Chula Vista
Community Facilities District Ordinance enacted pursuant to the powers reserved by fhe City of Chula
Vista under Sections 3, 5 and 7 of Article XI of fhe Constitution of fhe State of California (fhe "Ordinance")
(fhe Act and fhe Ordinance may be referred to collectively as fhe "Community Facilities District Law"),
This Community Facilities District shall hereinafter be referred to as COMMUNITY FACILITIES
DISTRICT NO. 97-3 (McMILLIN OTA Y RANCH SPA ONE) (fhe "District"); and,
WHEREAS, notice of a public hearing relating to fhe establishment of fhe District, fhe extent of
fhe District, fhe financing of certain public facilities and all oilier related matters has been given, and a
Community Facilities District Report, as ordered by fhis City Council, has been presented to fhis City
Council and has been made a part of fhe record of the hearing on fhe Resolution of Intention to establish
such District; and,
WHEREAS, all communications relating to the establishment of fhe District, the proposed public
facilities and fhe proposed rate and mefhod of apportionment of special tax have been presented, and it has
further been determined fhat a majority protest as defined by law has not been received against fhese
proceedings; and,
WHEREAS, inasmuch as fhere have been less fhan twelve (12) registered voters residing wifhin
fhe territory of fhe District for at least fhe preceding ninety (90) days, fhe aufhorization to levy special taxes
wifhin fhe District shall be submitted to fhe landowners offhe District, such landowners being fhe qualified
electors as aufhorized by law.
NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS:
SECTION 1. RECITALS The above recitals are all true and correct.
SECTION 2. DETERMINATIONS It is hereby determined by fhis City Council fhat:
A. All prior proceedings pertaining to fhe formation of fhe District were valid and taken in
conformity willi fhe requirements of the law, and specifically fhe provisions of fhe
1
13 A-I
Community Facilities District Law, and that this finding and determination is made
pursuant to the provisions of Government Code Seotion 53325.1.
B. The written protests received, if any, do not represent a majority protest as defined by the
applicable provisions of the Community Facilities District Law and, therefore, the special
tax proposed to be levied within the Distriot has not been precluded by majority protest
pursuant to Section 53324 of the Government Code of the State of California.
C. The District as proposed conforms with the City of Chula Vista Statement of Goals and
Policies Regarding the Establishment of Community Facilities Districts, as amended.
D. Less than twelve (12) registered voters have resided within the territory of the District for
each of the ninety (90) days preceding the close of the public hearing, therefore, pursuant
to the Community Facilities District Law the qualified electors of the District shall be the
landowners of the District as such term is defined in Government Code Section 53317(1)
and each landowner who is the owner of record as of the close of the public hearing, or
the authorized representative thereof, shall have one vote for each acre or portion of an
acre of land that she or he owns within the District.
E, The time limit specified by the Community Facilities District Law for conducting an
election to submit the levy of the special taxes to the qualified electors of the District and
the requirements for impartial analysis and ballot arguments have been waived with the
unanimous consent of the qualified electors of the District.
F. The City Clerk, acting as the election official, has consented to conducting any required
election on a date which is less than 125 days following the adoption of any resolution
forming and establishing the District.
SECTION 3. COMMUNITY FACILITIES DISTRICT REPORT The Community Facilities District
Report for the District (the "Report"), as now submitted by David Taussig and Associates, Inc., Special
Tax Consultant, shall stand as the report as required pursuant to Government Code Section 53321.5 for
all future proceedings and all terms and contents are approved as set forth therein.
SECTION 4. NAME OF DISTRICT The City Council does hereby establish and declare the formation
of the District known and designated as "COMMUNITY FACILITIES DISTRICT NO. 97-3 (McMILLIN
OTAY RANCH SPA ONE)".
SECTION 5, BOUNDARIES OF DISTRICT The boundaries and parcels of land in which the public
facilities are to be provided and on which special taxes will be levied in order to pay the costs and expenses
for such public facilities are generally described as follows:
All property within the boundaries of COMMUNITY FACILITIES DISTRICT NO. 97-3
(McMILLIN OTA Y RANCH SPA ONE), as shown on a boundary map as previously approved
by this legislative body, such map designated by the name of this District, a copy of which is on
2
'3 A-ð,
file in the Office of the City Clerk. The boundary map of the proposed District has been filed
pursuant to Sections 3111 and 3113 of the Streets and Highways Code of the State of California
in the Office of the County Recorder of the County of San Diego on October 27, 1998 as
Instrument No. 1998-695616 at Page 68 of Book 32 of the Book of Maps of Assessment and
Community Facilities Districts for such County.
SECTION 6. DESCRIPTION OF FACILITIES A general description of the public facilities which this
legislative body is authorized by law to construct, own or operation, which are the facilities to be financed
under these proceedings, are generally described as follows:
Street improvements including but not limited to site concrete and street surfacing and
appurtenant facilities including but not limited to storm drain, sewer and landscaping
improvements; a pedestrian bridge; sewer improvements; and appurtenances and
appurtenant work.
The facilities as above-described are facilities which the City Council is authorized by law to contribute
revenue to or to construct, own or operate. It is hereby further determined that the proposed facilities are
necessary to meet increased demands and needs placed upon the City, and the costs and expenses charged
to this District represent the fair share costs of the facilities attributable to this District.
For a full and complete description of such facilities, reference is made to the Report, a copy of
which is on file in the Office of the CITY CLERK. In addition to financing the above described facilities,
the financing of those incidental expenses described in the Report are also approved and authorized.
SECTION 7. SPECIAL TAX Except where funds are otherwise available a special tax, secured by
reoordation of a continuing lien against all non-exempt real property in the proposed District, is hereby
authorized, subject to voter approval, to be levied within the boundaries of such District. For particulars
as to the rate and method of apportionment of the proposed special tax, reference is made to the attached
and incorporated Exhibit "A" (the "Special Tax Formula"), which sets forth in sufficient detail the method
of apportionment to allow each landowner or resident within the proposed District to estimate the maximum
amount that such person will have to pay. Such special tax shall be utilized to pay directly for the
previously described facilities, to pay debt service on authorized bonds to assist in financing such facilities,
to replenish any reserve fund established for such bonds, and to pay the costs of administering the bonds
and the District.
The special taxes herein authorized, to the extent possible, shall be collected in the same manner
as ad valorem property taxes and shall be subject to the same penalties, procedure, sale and lien priority
in any case of delinquency as applicable for ad valorem taxes; provided, however, the District may utilize
a direct billing procedure for any special taxes that cannot be collected on the County tax roll or may, by
resolution, elect to collect the special taxes at a different time or in a different manner if necessary to meet
its financial obligations.
Under no circumstances will the special tax to be levied against any parcel used for private
residential purposes be increased as a consequence of delinquency or default by the owner of any other
3
2> f\-3
parcel or parcels within the District by more than 10 percent.
This legislative body further authorizes that special taxes may be prepaid and satisfied by payment
of the prepayment amount calculated pursuant to the Special Tax Formula.
Upon reoordation of a Notice of Special Tax Lien pursuant to Section 3114.5 of the Streets and
Highways Code of the State of California, a continuing lien to secure each levy of the special tax shall
attach to all non-exempt real property in the District and this lien shall continue in force and effect until
the special tax obligation is prepaid and permanently satisfied and the lien canceled in accordance with law
or until collection of the tax by the legislative body ceases.
SECTION 8. PREPARATION OF ANNUAL TAX ROLL The name, address and telephone number
of the office, department or bureau which will be responsible for preparing annually a ourrent roll of
special tax levy obligations by Assessor's parcel number and which shall be responsible for estimating
future special tax levies pursuant to Section 53340.1 of the Government Code of the State of California,
are as follows:
Engineering Department
City of Chula Vista
276 Fourth Avenue
Chula Vista, CA 92010
(619) 691-5021
SECTION 10. SUBSTITUTION FACILITIES The description of the public facilities, as set forth above,
is general in its nature. The final nature and location of such facilities will be determined upon the
preparation of final plans and specifications therefor. Such final plans may show substitutes in lieu of, or
modification to, the above described facilities and any such substitution shall not be a change or
modification in the proceedings as long as the facilities provide a service substantially similar to that as set
forth in this Resolution.
SECTION 11. APPEALS AND INTERPRETATION PROCEDURE Any landowner or resident who feels
that the amount or formula of the special tax is in error may file a notice with the Agency appealing the
levy of the special tax. An appeals panel of 3 members, as appointed by the Agency, will then meet and
promptly review the appeal, and if necessary, meet with the applicant. If the findings of the appeals panel
verify that the special tax should be modified or changed, a reoommendation at that time will be made to
the City Cottncil and, as appropriate, the special tax levy shall be oorrected, and if applicable in any case,
a refund shall be granted.
Interpretations may be made by the City Council by Resolution for purposes of clarifying any
vagueness or ambiguity as it relates to any category, zone, rate or definition contained in the Special Tax
Formula.
SECTION 12. ELECTION This City Council herewith submits the levy of the special tax to the qualified
electors of the District, such electors being the landowners in the District, with each landowner having one
(1) voter for each acre or portion thereof of land which he or she owns within the District.
4
13 p.,- '-f
This legislative body hereby further directs that the ballot proposition relating to the levy of
the special tax be combined and consolidated with the proposition relating to the incurring of a bonded
indebtedness. This Resolution shall not constitute the notice of the election, and the Resolution
declaring the necessity to incur the bonded indebtedness shall constitute the notice of the election
relating to the combined proposition on the authorization to incur a bonded indebtedness and
authorization for the special tax levy and the proposition to establish an appropriations limit for the
District.
SECTION 13. RESERVATION OF RIGHTS TO AUTHORIZE TENDER OF BONDS The City
Council reserves to itself, in its capacity as the legislative body of the District, the right and authority
to allow any interested owner of property within the District, subject to the provisions of Government
Code Section 53344.1 and to such conditions as this City Council may impose, and any applicable
prepayment penalties as may be described in the bond indenture or comparable instrument or
document, to tender to the Treasurer of the City of Chula Vista, acting for and on behalf of the
District, in full payment or part payment of any installment of the special taxes or the interest or
penalties thereon which may be due or delinquent, but for which a bill has been received, any bond
or other obligation secured thereby, the bond or other obligation to be taken at par and credit to be
given for the accrued interest shown thereby computed to the date of tender.
SECTION 14. ADVANCES OF FUNDS OR WORK-IN-KIND At any time either before or after the
formation of the District, the City Council may accept advances of funds or work-in-kind from any
source, including, but not limited to, private persons or private entities and may provide, by
resolution, for the use of those funds or that work-in-kind for any authorized purpose, including, but
not limited to, paying any cost incurred by the City in creating the District. The City may enter into
an agreement, by resolution, with the person or entity advancing the funds or work-in-kind, to repay
all or a portion of the funds so advanced, or to reimburse the person or entity for the value, or cost,
whichever is less, of the work-in-kind, as determined by the City Council. The City has entered into
a Community Facilities District Reimbursement Agreement with McMillin - D.A. America Otay
Ranch LLC to provide for such advances for the payment of all initial consulting and administration
costs and expenses related to the proceedings to consider the fonuation of the District and to
subsequently authorize, issue and sell bonds for the District. Such advances are subject to
reimbursement pursuant to the tenus of such agreement. No such agreement shall constitute a debt or
liability of the City.
PREPARED BY: APPROVED AS TO FORM BY:
O-~~
John P. Lippitt John Kaheny
Director of Public Works City Attorney
5
1,3- A-.S'
RESOLUTION NO. /9d-.??
RESOLUTION DECLARING NECESSITY TO INCUR A BONDED INDEBTEDNESS,
SUBMITTING TO THE QUALIFIED ELECTORS OF A COMMUNITY FACILITIES
DISTRICT A PROPOSITION TO INCUR A BONDED INDEBTEDNESS SECURED BY A
SPECIAL TAX LEVY TO PAY FOR CERTAIN CAPITAL FACILITIES IN COMMUNITY
FACILITIES DISTRICT NO. 97-3 (McMILLIN OTA Y RANCH SPA ONE), AND GIVING
NOTICE THEREON
WHEREAS, the CITY COUNCIL of the CITY OF CHULA VISTA (the "City Council") has
previously declared its intention and held and conducted a public hearing relating to the necessity for the
issuance of bonds to be secured by special taxes to pay for certain public facilities in a community facilities
district, as authorized pursuant to the terms and provisions of the "Mello-Roos Community Facilities Act of
1982", being Chapter 2.5, Part I, Division 2, Title 5 of the Government Code of the State of California (the
"Act") and the City of Chula Vista Community Facilities District Ordinance enacted pursuant to the powers
reserved by the City of Chula Vista under Sections 3, 5 and 7 of Article XI of the Constitution of the State of
California (the "Ordinance") (the Act and the Ordinance may be referred to collectively as the "Community
Facilities District Law"). This Community Facilities District shall hereinafter be referred to as COMMUNITY
FACILITIES DISTRICT NO. 97-3 (MCMILLIN OTA Y RANCH SPA ONE) (the "District"); and,
WHEREAS, at this time the City Council desires to proceed to make the determination of necessity
to incur the bonded indebtedness, to declare the purpose for such debt, and to authorize the submittal of a
combined proposition to the qualified electors of such District, being the landowners of the proposed District,
all as authorized and required by law.
NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS:
SECTION 1. RECITALS The above recitals are all true and correct.
SECTION 2. NECESSITY FOR BOND ISSUE. The City Council hereby expressly declares and states that
it is necessary to incur a bonded indebtedness as authorized under the terms and provisions of the Community
Facilities District Law, in order to finance the public facilities described below.
SECTION 3. PURPOSE OF BONDED INDEBTEDNESS. The purpose for the proposed bonded
indebtedness is generally described as follows:
To finance the construction, expansion, rehabilitation or purchase of certain types of public
facilities consisting of street improvements including but not limited to site concrete and street
surfacing and appurtenant facilities including but not limited to storm drain, sewer and
landscaping improvements; a pedestrian bridge; sewer improvements; appurtenances and
appurtenant work; and incidental costs as authorized pursuant to Government Code Section
53345.3. For a further description of such facilities, reference is made to the Community
Facilities District Report (the "Report") of David Taussig and Associates, Inc, the special tax
consultant, previously approved by this City Council, a copy of which is on file in the Office
of the City Clerk.
I
JJ!J-j
SECTION 4. TERRITORY TO PAY FOR BONDED INDEBTEDNESS. This City Council determines that
the whole of the District will pay for the above-referenced bonded indebtedness. A general description of the
District is as follows:
All property within the boundaries of COMMUNITY FACILITIES DISTRICT NO. 97-3
(McMILLIN OTAY RANCH SPA ONE), as shown on a map as previously approved by the
City Council, such map designated by the name of this District, a copy of which is on file in
the Office of the City Clerk.
SECTIONS. BOND AMOUNT The amount of the proposed bonded indebtedness, including the cost of the
facilities, together with all incidental expenses, shall not exceed $13,500,000.
SECTION 6. BOND TERM. This City Council hereby further determines that the maximum term of bonds
and/or any series shall not exceed forty (40) years, and such bonds may be issued in differing series, at
differing times. The maximum rate of interest to be paid on such bonds may not exceed the greater of either
twelve percent (12 %) per annum or the maximum rate permitted by law at the time of sale of any of such
bonds. The bonds, except where other funds are made available, shall be paid exclusively from the annual
levy of the special tax, and are not secured by any other taxing power or funds of the District or the City.
SECTION 7. ELECTION. The proposition related to the incurring of the bonded indebtedness shall be
consolidated with the proposition relating to the levy of the special tax, shall be combined into one ballot
proposition, and shall be submitted to the qualified voters at a special election to be held on the 1st day of
December, 1998, and such election shall be a special election to be conducted by the City Clerk (the "Election
Official"). If the combined proposition for the levy of the special tax and the incurring of the bonded
indebtedness receive the approval of more than two-thirds (2/3) of the votes cast on the proposition, bonds may
be authorized, issued and sold for the purposes set forth herein and the special tax may be levied as provided
in the Resolution of Formation.
SECTION 8. BALLOT. The ballot propositions to be submitted to the qualified voters at the election shall
be substantially as follows:
PROPOSITION A
Shall the CITY OF CHULA VISTA COMMUNITY FACILITIES DISTRICT
NO. 97-3 (MCMILLIN OTA Y RANCH SPA ONE), County of San Diego, 1)
incur a bonded indebtedness in an amount not to exceed $13,500,000 to pay for
authorized public facilities pursuant to the special tax formula set forth in
Resolution No. , 2) levy a special tax to secure such bonded
indebtedness, pay directly for such public facilities, replenish any reserve fund
and pay costs of administering such bonds and such district?
2
JY/?--d.-
PROPOSITION B
Shall the CITY OF CHULA VISTA COMMUNITY FACILITIES DISTRICT
NO. 97-3 (MCMILLIN OrA Y RANCH SPA ONE) establish an Article Xnffi
appropriations limit equal to $13,500,0001
SECTION 9. YQTIh The appropriate mark placed in the voting square after the word "YES" shall be
counted in favor of the adoption of the proposition, and the appropriate mark placed in the voting square after
the word "NO" in the manner as authorized, shall be counted against the adoption of such proposition.
SECTION 10. ELECTION PROCEDURE. The Election Official is hereby authorized to take any and all steps
necessary for the holding of such election. The Election Official shall perform and render all services and
proceedings incidental to and connected with the conduct of the election, which services shall include, but not
be limited to, the following activities as are appropriate to the election:
A. Prepare and furnish to the election officers necessary election supplies for the conduct of the
election.
B. Cause to be printed the requisite number of official ballots, tally sheets and other necessary
forms.
C. Furnish and address official ballots for the qualified electors of the District.
D. Cause the official ballots to be mailed and/or delivered, as required by law.
E. Receive the returns of the election and supplies.
F. Sort and assemble the election material and supplies in preparation for the canvassing of the
returns.
G. Canvass the returns of the election.
H. Furnish a tabulation of the number of votes given in the election.
I. Make all arrangements and take the necessary steps to pay all costs of the election incurred as
result of services performed by the District and pay costs and expenses of all election officials.
J. Conduct and handle all other matters relating to the proceedings and conduct of the election
in the manner and form as required by law.
3
/Jß--;t
PREPARED BY: APPROVED AS TO FORM BY:
Cl- 1'V\ ~ lr&-
John P. Lippitt John Kaheny "
Director of Public Works City Attorney
4
/ ;?g~{
COUNCIL AGENDA STATEMENT
Itemß
Meeting Date 11tf1i9B..-.
1/-2.4- qf"
ITEM TITLE: PUBLIC HEARING: OTA Y VALLEY ROAD NAME CHANGE
RESOLUTION ) '72?rcHANGING THE NAME OF THE SEGMENT OF OTAY
VALLEY ROAD FROM 1-805 TO BRANDYWINE AVENUE TO OTA Y VALLEY ROAD/AUTO
PARK DRIVE ~
SUBMITTED BY: Community Development Director (;"..
PI...., ~d ,oj,;.. "~
REVIEWED BY: City Manage~ (4/5ths Vote: Yes- NoX)
BACKGROUND:
On March 26, 1996, the Redevelopment Agency requested that staff investigate a proposal submitted by the Auto
Park dealers to change the name of Otay Valley Road to Auto Park Drive (or something similar) from 1.805 east.
Staff stuÓled a number of issues associated with this request and developed several alternative solutions which
are described below. Staff recommends renaming only a segment of Otay Valley Road east of 1,805 to
Brandywine Avenue.
RECOMMENDATION: That the City council hold the Public Hearing, and approve the following three actions:
1. Rename the segment of Otay Valley Road from 1-805 to Brandywine Avenue to "Otay Valley Road/Auto
Park Drive" subject to City Council approval of final cost of same;
2. Defer changing the leg of Otay Valley Road extending south into the City of San Diego until Otay Ranch
and the extension of Paseo Ranchero are further along;
3. Defer consideration of changing the name of Otay Valley Road west of 1-805 and east of Brandywine.
BOARDS/COMMISSIONS RECOMMENDATION:
A public forum was held on June 13, 1996 at the Otay Community Center. Presentations were also made to the
Otay Valley Road Project Area Committee on July 15, and the Otay Valley Regional Park Citizens Advisory
Committee on August 16 of that year. Comments received at these meetings raised concerns about the cost and
inconvenience for businesses located on Otay Valley Road, and the historic significance of the current name. In
addition, concerns were received from owners of property in the eastern territories which will eventually be
accessed by the eastward extension of Otay Valley Road.
Jr~1
Page 2. Item ~
Meeting Date 11/17198 8
/l-zL{-"t
On March 1 0, 1998, the Agency held a workshop on the Otay Valley Road area at which staff was again directed
to process the name change. The auto dealers continued to request a name change due to the confusion caused
by the number of road names in the area with "Otay" in them, the connotation of being far south in the market
area, and the lack of advance identification signs north and south of Otay Valley Road on 1.805. A name change
including the name "Auto Park" would address these issues. A name change without "Auto Park" would address
the first two issues. Better identification could be an advantage to the City, increasing sales spending
development and, consequently, tax revenues from the auto park. However, the name "Otay" does have historic
significance in the region, identifying the Otay River, surrounding valley and the Otay Ranch to the east.
The Otay Regional Park Citizens Advisory Committee voted to recommend changing the name of Otay Valley Road
to Otay River Valley Parkway. In doing so, they indicated that the road follows the Otay River Valley which has
been designated as a regional park.
The Otay Valley Road Project Area Committee discussed the name change at their meeting of October 26, 1998,
but made no formal recommendation.
The Planning Commission held a noticed public hearing on the name change on October 28,1998 and, following
much discussion, voted 7 to 0 recommending the following:
1. That Otay Valley Road be changed to Main Street all the way to proposed SR.125 so that the road will
have the same name from 1.5 to SR.125;
2. The segment of road between 1.805 to Brandywine Avenue will have an "overlay" name and be known
as Main StreetfAuto Park Drive;
3. The north.south segment of Otay Valley Road be renamed Paseo Ranchero, as it will eventually tie into
the existing street with the same name.
The report to the Planning Commission is included as Attachment 1.
DISCUSSIDN:
Any name change for Otay Valley Road would involve the modification of freeway signs on 1.805, signs along Otay
Valley Road both east and west of 1.805, and could require affected businesses currently located on Otay Valley
Road to change their address identification. Thus, there would be some expense and inconvenience associated
with any name change.
ANALYSIS:
The primary reason for considering a street name change at this time is that there is no immediate exposure for the
auto park from 1.805 because billboards and reader signs are not permitted by C altrans north or south of Otay Valley
Road. Staff is recommending to change the segment of Otay Valley Ro ad between 1.805 and Brandywine Avenue to
"Otay Valley Road/Auto Park Orive". By taking this approach, the concerns of the auto park dealers are addressed,
yet the historic name remains.
/'1-,,2,
Page 3, Item -
Meeting Date ttli1/98
1/-Z4-Qg-
In addition, the effect on addresses is minimal. The staff recommended name change affects only those addresses
in the quarter mile east of 1-805. It is assumed that mail addressed to Otay Valley Road will continue to IE
delivered to those sites even after the change to the dual designation.
In light of the complexity of the other remaining issues noted above and the north/south connector, staff
recommended to the Planning Commission that these not be addressed at this time. The Planning Commission
recommended that it would be better to resolve all of the issues now rather than a more incremental approach as
proposed by staff.
FISCAL IMPACT: The fiscal impacts from the staff recommended street name change is the cost to install
new street name signs.
The cost to change street name signage would include approximately eleven (11) Caltrans signs on the freeway
and offramps, and City street name signs. The extent of Caltrans costs are dependent upon whether existirg
signs can be overlayed, or new, larger sign boards required. The change of names proposed would result i1
changing the freeway signs which now read "Main Street/Otay Valley Road" to "Otay Valley Road/Auto Pal1<
Orive" which should not require replacement of existing sign boards. Thus, costs should be at the lower end of
the estimated range of $20,000 to $200,000. Exact costs will not be known until Caltrans has been advised of
the new street names and inspects each sign to be changed. The cost of replacing the City street name sigrn
which would have to be replaced including approximately 36 illuminated and eight regular panels should not excelrl
$5,000. Staff will return to Council once the full fiscal impact of this action is determined.
Although the Auto Park dealers have indicated that they would contribute to the cost of changing the signs, the
amount has not been determined.
IFKI H,\HOMEICOMMOEV\STAFF,REPI11, 17.98\OTVRNAME,CHG [November 6. IS9614,55pmlJ
ATTACHMENTS:
1) Planning Commission Agenda Statement dated 10/28/98
2) Davies Enterprises Letter dated 10/27/98
3) October 28,1998 Planning Commission Minutes
/2/-3 fL/-f
RESOLUTION NO. )9-2{" V
-
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA CHANGING THE NAME OF OTAY VALLEY
ROAD BETWEEN 1-805 AND BRANDYWINE AVENUE TO
OTAY VALLEY ROAD-AUTO PARK DRIVE
RECITALS
WHEREAS, the street which is the subject matter of this resolution is
diagrammatically represented in Exhibit A attached hereto and incorporated
herein by this reference, and commonly known as Otay Valley Road; and
WHEREAS, on March 26, 1996 the City's Redevelopment Agency directed that
a street name change for the east/west segment of Otay Valley Road between
1-805 and Brandywine Avenue to Otay Valley Road-Auto Park Drive be brought
forward to Council for consideration; and
WHEREAS, the Environmental Review Coordinator determined that this project is
exempt from environmental review under guidelines found in Section 15061 (b)3
of the California Environmental Quality Act; and
WHEREAS, the Planning Commission held an advertised public hearing on the Project
on October 28, 1998 and voted 7-0 to approve: (1) that Otay Valley Road be changed
to Main Street all the way to proposed SR-1 25 so that the road will have the same
name from 1-5 to SR-125; (2) the segment of road between 1-805 to Brandywine
Avenue will have an "overlay" name and be known as Main Street/ Auto Park Way
Drive and (3) the north-south segment of Otay Valley Road be renamed Paseo Ranohero
as it will eventually tie into the existing street with the same name; and
WHEREAS, the City set the time and place for a hearing on said road name ohange and
notioe of said hearing, together with its purpose, was given by its publioation in a
newspaper of general circulation in the City, in acoordance with City policy, to the
property owners of the affected portion of Otay Valley Road at least ten days
prior to the hearing; and
WHEREAS, the hearing was held at the time and plaoe as advertised, namely November
17, 1998 at 6:00 p.m. in the Council Chambers, 276 Fourth Avenue, before the City
Council and said hearing was thereafter closed.
PLANNING COMMISSION RECORD
The proceedings and all evidence on the proposed name change before the Planning
Commission at their public hearing held on Ootober 28, 1998 and the minutes and
resolution resulting therefrom, are hereby incorporated into the record of this
proceeding.
H ,IH OM EIPLAN N I N GIM ARTINIO'mc I 9902CC, RES )ij-~
Resolution No. -
Page #2
NOW, THEREFORE, BE IT RESOLVED THAT based on all reports, evidence and
testimony presented with respeot to the road name change, the City Council finds that the
proposed change will benefit property owners in the vioinity of Otay Valley Road and hereby
renames the portion of Otay Valley Road between 1-805 and Brandywine Avenue "Otay Valley
Road/Auto Park Drive". This name change shall not take effect until staff analyzes, submits
for City Council consideration, and obtains City Counoil approval of the cost for such name
change.
Presented by Approved as to form by
Robert A. Leiter
Director of Planning and Building
H ,IHOMEIPLANNINGIMARTINIO"",19902CC. RES J t/- J
ATTACHMENT 1
PLANNING COMMISSION AGENDA STATEMENT
Item: 4
Meeting Date: 10/28/98
ITEM TITLE: Public Hearing: Otay Valley Road Name Change Between 1-805
and Brandywine A venue
On March 26, 1996, the Redevelopment Agency requested that staff investigate a proposal
submitted by the Auto Park dealers to change the name of Otay VaHey Road to Auto Park Drive
(or something similar) from I-80S east. As follow-up to the Agency's direction, staff has focused
on renaming the portion of Otay Valley Road east of I-80S to Brandywine Avenue (see
Attachment A). However, a number of other relevant issues are addressed so a clear picture of
the issues is available to the reader.
RECOMMENDATION: That the Planning Commission hold the Public Hearing, consider the
testimony of staff and the public and recommend the following three actions:
1. Rename the segment ofOtay Valley Road from I-80S to Brandywine Avenue "Otay Valley
Road-Auto Park Drive."
2. Defer changing the leg of Otay Valley Road extending south into the City of San Diego
until Otay Ranch and the extension of Paseo Ranchero are further along.
3. Defer consideration of changing the name of Otay Valley Road west of I-80S and east of
Brandywine until the road is extended out to SR-125.
BOARDS/COMMISSIONS RECOMMENDATION:
As of the writing of this report, the proposed name change was scheduled to be discussed by Ota Y
Valley Road Project Area Committee discussed at their meeting of October 26, 1998. A verbal
report of that discussion, and any recommendation resulting therefrom, will be given on October
28, 1998.
A public forum was held on June 13, 1996 at the Otay Community Center. Presentations were
also made to the Otay Valley Road Project Area Committee on July 15, and the Otay Valley
Regional Park Citizens Advisory Committee on August 16. Comments received at these meetings
raised concerns about the cost and inconvenience for businesses located on Otay Valley Road, and
the historic significance of the current name. In addition, negative comments were received from
owners of property in the eastern territories which will eventually be accessed by the eastward
extension of Otay Valley Road.
On March 10, 1998, the Agency held a workshop on the Otay Valley Road area at which staffwas
again directed to process the name change. The auto dealers continue to request a name change
due to the confusion caused by the number of road names with "Otay" in them in the area, the
connotation of being far south in the market area, and the lack of advance identification sigus
north and south of Otay Valley Road on I-80S. A name change including the name "Auto Park"
/y-?
Otay Valley Road Name Change Item No.4, Page No.2
10/28/98
would solve all of these problems. A name change without" Auto Park" would address the first
two issues. Bener identification could be an advantage to the City, increasing sales and,
consequently, tax revenues from the auto park. However, the name "Otay" does have historic
significance in the region, identifying the Otay River, surrounding vaHey and the Otay Ranch to
the east.
DISCUSSION:
Any name change for Otay Valley Road would involve the modification of freeway signs on 1-
805, signs along Otay Valley Road both east and west of 1-805, and require bnsinesses currently
located on Otay Valley Road to change their address identification and marketing materials. Thus,
there would be expenses and inconvenience associated with the name change.
What to Name the Road
Changing the name of Otay Valley Road involves a number of issues, as discussed below:
. The Auto Park dealers would like to have the name "Auto Park" included in any change.
. The various developers of the Otay Ranch do not appear enthusiastic about the major
entryway to their new projects being named "Auto Park Drive" (or something similar).
They will soon be promoting all of their projects using the name "Otay Ranch" as a form
of identification similar to the use of the name "EastLake."
. The Otay Regional Park Citizens Advisory Committee voted to recommend changing the
name ofOtay Valley Road to Otay River Valley Parkway. In doing so, they indicated that
the road foHows the Otay River Valley which has been designated as a regional park.
. Businesses in the area east of 1-805 wil1 be inconvenienced and suffer the expense of
having to change their addresses on all identifying materials including letterhead,
brochures, etc. This can be expensive for large, international businesses such as Gold
Coast Engineering, IT Racing, and Nypro. There are also business and residences west
of 1-805 where Otay Valley Road extends 2,000 feet to meet (and briefly parallel) Main
Street. Businesses located here and addressed on Otay Valley Road include a retail center,
service station and the Otay Valley Inn.
. There is some concern over favoring the auto dealers. Changing the name to identify the
Auto Park does not help the Amphitheater, Water Park or any other business or attractions
located (or to be located) in the area. To the extent that the name change complicates
directing people to these facilities from 1-5, 1-805 and SR-125, it may in fact, be a
hindrance.
Extent of the Road Name Chanee
There is an issue concerning what section of Otay Valley Road wil1 be changed and, consequently,
how many names the roadway will have from Bay Boulevard west ofI-5 to proposed SR-125, a
/y-?'
Oray Valley Road Name Change Item No.4, Page No, 3
10/28/98
distance of about eight miles. Currently, Main Street extends eastward almost to I-80S where
Otay Valley Road begins. Otay Valley Road continues eastward for several miles to the former
corporate boundary where it turns south, crosses the Otay River and runs into the City of San
Diego to Datsun Street. A connecting road is planned north of the river from Otay Valley Road
to proposed SR-125, a distance of approximately 2.5 miles. Beyond SR-125, the name of the road
may identify the proposed university or become an extension of Hunte Parkway which eventually
runs to the north. Thus, ifOtay Valley Road east ofI-805 is changed to, say, Auto Park Drive,
the various names of this arterial could include the following:
1. Main Street from west of Bay Boulevard to Otay Valley Road;
2. Otay Valley Road from Main Street to I-80S;
3. Auto Park Drive will continue eastward to SR-125, or, due to protests from developers,
this segment may be called Otay Ranch Road (or something similar);
4. From the intersection with the north/south connector, the segffient running south into the
City of San Diego will either be called Otay Valley Road or Paseo Ranchero; and
5. University Drive or Hunte Parkway from SR-125 east and then north (see Attachment A
and Attachment B).
Needless to say, other changes would also have to take place both east and west of I -805 in order
to make this approach workable. In addition, Paseo Ranchero, planned to extend from the north
and tie into Otay Valley Road where the latter turns to the south, raises the question as to how
many names the north/south connector will have.
Such a combination of road names is not recommended due to the confusion it causes for the
public and emergency services. In order to minimize confusion, a number of business owners and
staff would like to see the number of names minimized. Thus, Main Street would be one of the
logical choices. However, Otay Valley Road would still exist both west of I-80S (where it
parallels Main Street) and south of the bridge (both the Amphitheater and Water Park are
addressed on Otay Valley Road) into the City of San Diego.
ANALYSIS:
The primary reason for considering a street name change at this time is that there is no immediate
exposure for the auto park from I-80S because billboards and reader signs are not permitted by
Caltrans north or south of Otay Valley Road. An option that staff believes would address this
concern would be to change Otay Valley Road to a hyphenated name, Otay Valley Road-Auto
Park Drive, from I-80S to Brandywine Avenue. By taking this approach, the concerns of the auto
park dealers are addressed, yet the historic name remains.
In light of the complexity of the other remaining issues noted above and the north/south
connector, staff is recommending that these not be addressed at this time.
/Y~1
Ora)' Valley Road Name Change Item No.4, Page No.4
10/28/98
CONCLUSION:
In consideration of the foregoing information, staff has concluded that the following is an interim
solution:
1. Rename the segment ofOtay Valley Road from I-80S to Brandywine Avenue "Otay Valley
Road-Auto Park Drive."
2. Defer changing the leg of Otay Valley Road extending south into the City of San Diego
until Otay Ranch and the extension of Paseo Ranchero are further along.
3. Defer consideration of changing the name of Otay Valley Road west of I-80S and easlof
Brandywine until the road is extended out to SR-125.
H,IHOME\PLANNING\MARTlN\OVRNC\99O2PC.RPT DelOO" 23, 1998
/2/-/0
RESOLUTION NO. PCM-99-02
RESOLUTION OF THE CITY OF CHULA VISTA PLANNING
COMMISSION RECOMMENDING THAT THE CITY COUNCIL
APPROVE RENAMING OTAY VALLEY ROAD BETWEEN 1-
805 AND BRANDYWINE AVENUE TO OT A Y VALLEY
ROAD-AUTO PARK DRIVE
RECITALS
WHEREAS, on March 26, 1996 THE City's Redevelopment Agency directed that
a street name change for the east/west segment of Otay Valley Road between
1-805 and Brandywine Avenue to Otay Valley Road-Auto Park Drive be brought
forward for consideration; and
WHEREAS, the Environmental Review Coordinator determined that this project
is exempt from environmental review under guide,lines found in Section
15061 (b)3 of the California Environmental Quality Act; and
WHEREAS, the Planning Commission, in order to render a recommendation to
the City Council on this matter, set the time and place for a hearing on said road
name change 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 - feet of the effected portion of Otay Valley Road
at least ten days prior to the hearing; and
WHEREAS, the hearing was held at the time and place as advertised, namely
7:00 p.m. October 28, 1998, in the Council Chambers, 276 Fourth Avenue,
before the Planning Commission and said hearing was thereafter closed.
NOW, THEREFORE, BE IT RESOLVED THAT, from the facts presented to the
Planning Commission, the Commission has determined that the road name change of
Otay Valley Road between 1-805 and Brandy Avenue to Otay Valley Road-Auto Park
Drive is consistent with the City of Chula Vista General Plan, the Otay Valley Road
Redevelopment Area and all other applicable Plans, and that the public necessity,
convenience, general welfare and good planning practice support the approval.
BE IT FURTHER RESOLVED THAT the Planning Commission recommends that
the City Council adopt a resolution approving the road name change in accordance
with the findings contained in the attached City Council Resolution No. -'
And that a copy of this resolution be transmitted to the owners of the property
in the affected area along Otay Valley Road and the City Council.
H: \HO M E\PLANNI NG\MARTIN\O VRN C\9902PC. RES
/y-//
Resolution No. PCM-99-02
Page No.2
PASSED AND APPROVED BY THE PLANNING COMMISSION OF CHULA VISTA,
CALIFORNIA, this 28th day of October 1998 by the following vote, to-wit:
AYES:
NOES:
ABSENT:
ABSTENTIONS:
Patty Davis, Chair
ATTEST:
Diana Vargas, Secretary
H, \HOME\PLANNI NGIMARTIN\O VRNC\9 902PO. RES
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ATTACHMENT 2
DAVIES ENTERPRISES
4601 OTllyValley Road. ChulaVI"Ia, CA91911 . (819) 421-4601 . Faz (819) 421-5132
._,-
10-27-98
Ci1;Y Planning ColTlJ11Ì55ion
2"6 Fourth Ave.
Chvl~ Vista, Ca.
Re; Case 1*J?C;M;-99-02 proposa1 to renamo otay Vall~y Ro~d East of
I--aOS.
D"sr Mcmbers o£ 'the Plann:i.ng CoDUllission;
1. have e]l,p,,;c$sed my vie.,s on tJli'" subject. at mÐe'l;i~u;[s in the vast
and have ..rj.tton "1:0 you Ilrovioualy .bol.t it. Allov me to ..xp~ess
MY t,hought:s once more for the reco:¡:d.
Tn'" ",treet naD1O of O.tay Valley Road and Hain St.reet hEl" been
broken for as lone; as I can rePiellRbe:r. It has be~\ confusiu. to
people and should be corrected. 'l'his is your chanco to f:l.x it!
From all tho input and X'c:>oOJblllandat.io11s made, none seep! to fix the
probl(1ul, only prolong and oxace~'6te it. Great amo~nt5 of t~me
and energy aro baing used here "ith only 1:he 8nt.o dealers' inter--
e5t.:; i;n )Ünd - Tho. COJl\øn1n1 t.y has sl~fi'ered w:\. th t.lIi" "",p11t Toad
n'.IM" " for )I""'<'.U:S, and no.. the recommendation !luelD" to b", to add
more to tt~ already cumbersome ..tree~ name.
While I may liku the atay Valley Road name, the sens:i.b1e ",)lut.:ìc>n
.is to do a~ay ~ith Ot_y Valley Road as a nl1l11" (oJl:cept where it
100PII south of Main stz"set West of 1'-805). and rcplaoo i'l;. >I... th
Main Stroot. While Main Stre",'\; ~aY not. have the glamour 01: ()t;..y
Valley Rd- or River Parkway ete-, Main S~rc..t won't get co~~used
with any other streot.. ill Chula Vista. Main S-t.r.....t is (¡u..d we
all hope w:Lll cont.inuo "to be), one of Chula Vista's most; commer-
c;ial ;¡Œeøs,.., the ~a ).e "Main Street" suit~ i1;.
DOfi' t. con:fuse 11ewcam"1.S to Chula Vista vi -th '" di:tferellt &trc",t
1",lII.e :reX" the same street. ato every freeway exit! ,Fix it!
])on'l; wait liI.n"til 1I10re ne.. businesses on 01:o0.y Valley ~d, aro faced
",l-th a nalll.. c}lange at 2\ lat..r date..., right. now very few busi-
nesses aro a£fcc~ed! Fix it!
Dc-n't make a "telllporary " name chanlle ODJ.,. to have busin..::;~e'"
ohange street. n>UÐes a¡¡ain 1a1'.er! 1!'ix it!
)'I~/?
IalOO4
. -..z
DAVIES ENTERPRISES
4601 Otay Valley Rood. ChulQ VI.Ia, éA 91911 . (eHI) 421-4501 . fQx (619) 421.5132
1:1' the 5(11e intent of this ch&nge 1s to provide the e.utr.> dealers
..itb f~"eeway recognition.. -. may I 5uØ'þ$t. that -the addition of
"'Auto Pnrk...ay" to Hain Strc.,'t .ill cer'ta:l.rtly be more acC".omrooliat-
j_ftj( to -the fr........,y sitfnago than that of "!'.I.in Street.IOtay Valley
Rd./Auto Parkway".
Jlnougb tin,c bas been spent on this - . ., it..,. been b;r'okOÞ. long
enoußb. - -. FIX I'r! -
S~er...1Y;
~~
ThO1Øas V. Davie:>
F~opørty Manager
)Lj- /~
MINUTES OF THE ATTACHMENT 3
CITY PLANNING COMMISSION OF
CHULA VISTA, CALIFORNIA
Council Chambers
7:00 p,m, Public Services Building
Wednesday, October 28, 1998 276 Fourth Avenue, Chula Vista
ROLL CALLI MOTIONS TO EXCUSE:
Present: Chair Davis, Commissioners Aguilar, Ray, Willett, Tarantino, and
Thomas, and O'Neill
Staff Present: Robert Leiter, Director of Planning and Building
Martin Miller, Acting Senior Planner
Chris Salomone, Director of Community Development
Fred Kassman, Redevelopment Coordinator
Richard Whipple, Associate Planner
Ann Moore, Assistant City Attorney
PLEDGE OF ALLEGIANCE/SILENT PRAYER
INTRODUCTORY REMARKS: Read into the record by Chair Davis
APPROVAL OF MINUTES:
ORAL COMMUNICATIONS:
1. Bob Leiter, Director of Planning reported that staff is recommending that items 1,2, and 3 be
continued to November 4, 1998 based on the unexpected change in status of the Otay T arplant
from a candidate species to a threatened species under the Federal Endangered Species Act,
and allow staff time to prepare an addendum to EIR 97-03 to address the change in status.
MSC (Willett/Ray) (7-0) to continue these three items to the meeting of November 4, 1998.
Motion carried.
4. PUBLIC HEARING: Otay Valley Road Name Change between 1-805 and Brandywine
Avenue
Background: Fred Kassman, Redevelopment Coordinator gave a historical perspective on the
naming of Otay Valley Road and stated that the area was originally inhabited by the Diegueño
or Kumaiyey Indians and they established a village at the end of the South Bay and named it
Otay. Otay is an Indian word meaning either a level knoll, a bushie place, or a place of reeds,
which is descriptive of the area. In the mid 19th Century the area, under the ownership of
Mexico was granted to the Doña Magdalena Estudillo family as Rancho de Otay. Later under
1'/-/9
Planning Commission Minutes - 2 - Wednesday, October 28, 1998
the ownership of Mary Birch, it became known as the Otay Ranch. Early land uses were
ranching, farming, mining and dumping. With urbanization of the area, a number of roads
were constructed and were called Otay Valley Road, Otay Mesa Road, and Olay lakes Road.
Urbanization brought industrial and residential land uses to the area, and later land uses
included commercial, which the Redevelopment Agency was effective in bringing out there
the Chula Vista Auto Park, Coors Amphitheatre and Whitewater Canyon Water Park.
Recent development in the area includes: the City of San Diego's residential development
south of the Otay River; Otay Ranch developing to the east; and the Cities of Chula Vista and
San Diego and the County of San Diego are planning a regional park in the area which will
follow the Otay River Valley to the Reservoir.
There are multiple conflicting issues because of the different types of land uses. The Auto Park
clearly needs identification from the freeway and the amphitheatre and water park would like
simplicity and consistency in directions and would like to have the same name whatever it is,
at 1-805,1-5, and SR-12s.
The multiple street names with the word "Otay" in them, have become confusing to find for
people who are not familiar with the area.
The new developing communities are concerned with their image and the idea of having a
road named Auto Park Way, leading into a major new developments, has not been well
received.
There is concern with the use of multiple names for a section of roadway, which is problematic
and creates confusion for newcomers to the area, emergency response and to the Post Office.
Finally, the expense of installing the signs could be as low as a few thousand dollars if only a
few letters are changed and the size of the sign remains the same, or it could be exceptionally
high if the size of the sign is increased.
Staff has explored various alternatives which included changing the name to Otay Auto Park
Drive, River Road, River Park Way and Main Street.
Staff is recommending an interim alternative which deals only with the section of Otay Valley
Road from 1-805 to Brandywine Avenue and is proposing to rename that segment Otay Valley
Road-Auto Park Drive. This addresses some of the identification concerns that the Auto Park
has, however, it does not eliminate the confusion issues, as well as changes in the area as
development occurs, which will eventually need to be addressed.
Martin Miller, Acting Senior Planner, stated that the Planning Department received a letter from
Mr. Tom Davies recommending that Otay Valley Road be renamed Main Street for the entire
length of Otay Valley Road.
) 9./ ",zo
Planning Commission Minutes - 3 - Wednesday, October 28, 1998
Staff Recommendation: That the Planning Commission recommend to the City Council the
following three actions:
1. Rename the segment of Otay Valley Road from 1-805 to Brandywine Avenue "Otay
Valley Road-Auto Park Drive";
2. Defer changing the leg of Otay Valley Road extending south into the City of San Diego
until Otay Ranch and the extension of Paseo Ranchero are further along; and
3. Defer consideration of changing the name of Otay Valley Road west of 1-805 and east
of Brandywine until the Road is extended out to SR-125.
Commission Discussion:
Commissioner Aguilar asked what staff meant by "interim solution".
Mr. Kassman responded that the name change to Otay Valley Road-Auto Park Drive from 1-805
to Brandywine is permanent for that segment, however, the entire road name change will need
to be considered incrementally as issues arise with build out of the area and the construction
of SR-125.
Commissioner Ray asked what the high-end costs could be.
Mr. Kassman responded that if the approximate same number of letters are kept, and Caltrans
can salvage the existing sign by overlaying a metal strip, the cost could be $15,000 to $20,000
per sign.
If you get into replacing the entire sign board with a larger one, which involves Caltrans doing
the work in the middle of the night with special equipment, closing down freeway lanes, and
designing and constructing the signs, could cost as much as $200,000.00. The City changed
signs on 1-5 for Marina Parkway and the cost was approximately $150,000 to $175,000.
Commissioner Ray asked how many signs would need to be replaced if the name was changed
to Main Street all the way through.
Mr. Kassman responded that there are approximately 18 signs that have the name Otay Valley
Road, including signs on the freeway and small signs that are on the off-ramps that would need
to be replaced.
Chris Salomone, Director of Community Development, stated that his experience in another
jurisdiction with changing signs has been that the high costs are due to Caltrans having to re-
engineer the poles and sign boards that hang over the freeway, which have incredible specs
and characteristics. The engineering process involves testing for wind sheer and other weather
conditions; they cannot in any way allow those to fall on the freeway.
If these measures do not have to occur, then the cost is very reasonable and they just place a
band over the words "Otay Valley Road" and use the same signs.
/7'- cJ, /
Planning Commission Minutes - 4 - Wednesday, October 28, 1998
Mr. Salomone further stated that staff is recommending a policy decision at this point, minus
the fiscal impact; that will need to be determined with Caltrans. Once we know how much it
will cost, then staff will return to the City Council to determine who will pay for it.
Commissioner O'Neill stated he opposed piece-mealing even further, and recommended
changing it once and for all.
Mr. Salomone responded there are too many issues to address, and not knowing the impact on
the Ranch, or future SR-125, staff feels it would be premature to commit to changing it now to
one name for the entirety of Otay Valley Road.
What staff is recommending now, addresses the competitive economic development issues of
the Auto Park. The Statewide trend is that the Auto Parks have freeway reader boards and
signs. National CIty is a perfect example with having reader boards visible from every freeway;
the City of Chula Vista cannot have reader boards visible from the freeway under Caltrans rules.
Escondido has Auto Park Way, which most auto parks have, and it gives them an economic
advantage.
With staff's recommendation, only the half-mile strip from 1-805 to Brandywine, which is the
Auto Park strip will need to change their address; everyone else will continue to receive their
mail at Otay Valley Road.
Mr. Kassman interjected that the amphitheatre and water park address is Otay Valley Road and
any change has to take into consideration their operating season and that they be granted
enough time to change their promotional materials for the coming year.
Commissioner Tarantino asked if it is feasible to place a sign off of the freeway which states,
"Auto Park Next Exit". In addition, he asked if there was any statistical data which supports
and/or attributes the success of an Auto Park to having the street name in front of their business
be Auto Park Drive, Avenue or Street.
Mr. Salomone stated that Caltrans has criteria that has to be met in order to place these signs
and they are based on the number of people that frequent these facilities and for traffic control
reasons. The City was successful in being granted a sign that states "Amphitheatre Next Exit"
or "Plaza Bonita Next Exit" because of the high volume of traffic that is generated. They will
not do it for a private commercial enterprise.
In addition, he is not aware of any data that measures the success of an Auto Park in relation
to whether the street is named Auto Park Way, however, it is his opinion that it is a matter of
perception, and signs are viewed as a positive thing for any commercial enterprise.
Commissioner Thomas asked if Carlsbad and Escondido had a similar situation where there is
residential on one side and commercial on the other side.
Director Leiter responded that Escondido does not have residential on Auto Park Way, and the
way that they were able to get Auto Park Way on the freeway sign board is similar to what is
/1/-.);2..
Planning Commission Minutes - 5 - Wednesday, October 28, 1998
being proposed here. They have one link that is 9th Avenue, a major east/west street and one
link of that is adjacent to the freeway and is named Auto Park Way, which wanders into the
auto park, but the remainder of it, east and west of the freeway is 9th Avenue.
Commissioner O'Neill asked how much the City has subsidized the auto dealers to date with
new construction loans and the purchase of the old dealerships.
Director Salomone stated that the auto park was opened in part, because the downtown dealers
would eventually be closing on Broadway due to the corporation headquarters' direction in
moving the dealerships to other existing auto parks. Secondly, the Auto Park was opened at
the height of the recession, although they are doing better, therefore, it is hard to quantify. The
City did assist in acquiring the dealerships on Broadway and one of them is in the process of
being developed and the other has been redeveloped. The City did facilitate a loans which are
to be paid back out of a portion of the sales tax and that process is underway.
PUBLIC HEARING OPENED 7:05,
Doug Fuller, Fuller Ford, 560 Auto Park Drive, Chula Vista, gave a historical perspective of
the partnership that developed between the City of Chula Vista and Fuller Ford, a business that
has existed for over 50 years in Chula Vista.
Approximately 13 years ago, he was approached by Ford Motor Company requesting that he
look for new locations for a Ford dealership. One ideal site which was picked out was on East
H Street, the Terra Nova site. However, at that time, he was approached by the City of Chula
Vista and was asked if he would help the City in exploring establishing an auto park, and that
endeavor was embarked upon. The City has been very interested in a successful auto park for
a number of years and certain representations have been made to the dealers throughout the
years. The dealerships have cooperated, though not totally altruistically, because they are in
business to make a profit, however there exists an allegiance to the City and a mutual
recognition that the benefits of a successful auto park are great.
When discussing the costs involved in changing the signs, whether it be $15,000 or $150,000,
it seems out of balance because the reality is that the dealerships in the auto park generate
hundreds of thousands of dollars in sales tax revenue to the City of Chula Vista.
In order to be competitive with other auto parks and be able to attract the other dealers, the
name change is necessary.
In conclusion, Mr. Fuller stated that the City of National City has just recently approved
renaming 24th Street off of 1-5 to Mile of Cars Boulevard. In addition they are allowed to have
reader boards off of the freeways. This goes hand-in-hand with the Mission Valley Auto Circle,
which has name recognition on 1-8, and Auto Park Way in Escondido.
Commissioner Ray stated that a new car is not an impulse purchase, and most people plan out
the different dealerships they want to visit, therefore, they know exactly where they are going.
Having a freeway sign that says "Auto Park Drive", will not necessarily make them pull off the
freeway and go to the auto park to look for a car.
J~~';¿;J
Planning Commission Minutes - 6 - Wednesday, October 28,1998
Mr. Fuller stated that the auto park is losing business from Chula Vista residents to the National
City Mile of Cars. One of the biggest disadvantages the Chula Vista Auto Park has is that five
years ago they went out to pioneer a new retail area on Otay Valley Road.
Mr. Fuller stated that the auto park needs to distinguish themselves as a marketing area in Chula
Vista. One of the biggest obstacles of that location is that people who are looking for them get
off at Otay lakes Road, or they go past them looking for Otay Mesa. There exists a stigma with
the name 'Otay' which has been a real road block because people associate it with Otay Mesa,
the landfill, traffic accidents, border patrol and immigration problems.
It is critical to the survival of the auto park that they be able to market themselves as a retail
area in Chula Vista. They need to be able to compete with the Mile of Cars; presently they are
out-matched; they have 22 dealerships, Chula Vista has 3. Another reasons is that they cannot
attract other dealerships because they do not see a commitment to Chula Vista and the lack of
infrastructure that is needed.
Commissioner Thomas stated that he understands the issues and is sympathetic, however, he
has concern with the fragmentation/phasing part of this proposal.
Commissioner Aguilar asked Mr. Fuller is he could cite any data that supports the idea that the
name Auto Park Drive actually increases sales.
Mr. Fuller responded that he had not done any research on this subject, but his general
experience in the automobile industry has been that the most successful auto parks throughout
the State have freeway designation and visibility.
Commissioner Tarantino asked if he had any commitments from other dealerships to locate
to the Chula Vista Auto Park if the name change is approved.
Mr. Fuller responded that he has no guarantees, but that there is a great deal of interest with the
growth in this area. He stated that in the State of California, Toyota has two 'open points',
which means that they have a named sited location for a new Toyota dealership; one is an auto
park in Indio and the other is Chula Vista. They have indicated to him that they would like to
be in Chula Vista, but they feel it is not fully developed and they are going to see what happens
in the future.
Chrysler has had their reps visit the auto park and they have conducted market analysis, and
believe they will be in the Chula Vista Auto Park in the near future. Furthermore, he has first
hand knowledge that the high-end dealerships like, Infiniti, lexus, Mercedes, BMW, would
prefer to be in Chula Vista rather than in National City. The demographics, growth and trends
are better in Chula Vista and firmly believes that the opportunity exists to have the high-end
vehicles present in the auto park in the near future.
Ed Wesche, 1012 Acero Street, Chula Vista, Chevrolet, stated he is new in Chula Vista and
has been here for 1 year; his two predecessors went out of business at that location. He stated
he did not have the historical insight, however, it is his understanding that promises were
made, and signage was one of them.
;1/2 r'
Planning Commission Minutes - 7 - Wednesday, October 28, 1998
He stated that the National City Mile of Cars supports 40% of the overhead of that City. Mr.
Wesche came from probably the most successful auto park in the State of California which is
just outside of Sacramento, Roseville Auto Mall. They have approximately 22 franchises
represented there and sell in excess of 4,000 vehicles per month at retail with gross sales in
excess of a billion dollars a year, and they have freeway signage.
People who drive by an auto mall exit are not necessarily in the market for a car today, but they
might be six months from now; speaking for himself and the other dealers in the auto park, he
would like to be considered.
Mr. Wesche reaffirmed what Mr. Fuller stated earlier, that Chrysler is definitely interested in
locating in Chula Vista, but they would like to see a little more establishment. With the City
supporting a name change and with freeway identification, this would be an outstanding
message to those dealers who are considering relocating.
The amphitheatre, which is a seasonal operation, has signage from the freeway; yet, the auto
park is a retail operation that is opened year-round and they do not have signage. Next to
payroll, the next largest expense he has is advertizing because he has an awareness problem
with people not knowing where they are located. It is not only the car sales he is trying to
attract, but also as the only GM dealer in this area, the other back-end operation like servicing
center and auto parts department are equally as important and his competition is National City.
Walter Fischer, P.O. Box 3666, Chula Vista, CA, member of the Otay Valley Project Area
Committee, stated that Me. Davies suggestion to change the name to Main Street was discussed
and the committee agreed that it is probably the least expensive way to go because you could
probably overlay the new name and not have to go to the larger size sign.
In addition, although he does not speak for his employer, he does work for the amphitheatre
and it is his opinion that the general consensus is that they are not as concerned with what it
is named, but rather, that the education process is not disrupted or shortened.
Glenn Davidson, 2052 Otay Valley Road, General Manager Whitewater Canyon Park stated
that they too have experienced some location identification problems and recommended that
whatever the change is, do it all at one time now rather than incrementally. Whitewater
Canyon will have committed themselves by January 1999 to $650,000 worth of advertizing
and media for the coming year.
PUBLIC HEARING CLOSED 8:00
Commissioner O'Neill stated that he could support having the hyphenated name from 1-805
to Brandywine, and strongly recommends that whatever it is changed to that it be done now,
the full length of Otay Valley Road, and not incrementally by phases.
Commissioner Thomas concurs with Commissioner O'Neill that it all should be done now,
rather than later. If we wait until later, it will be more expensive and there will most likely be
more players who have a vested interest in their piece of the pie.
J 'i /' ..25
)~
Planning Commission Minutes -8- Wednesday, October 28,1998
Commission Tarantino thanked the speakers for helping him understand the economic issues
of this proposal and supports changing it now and be done with it.
Commissioner Aguilar echoes and support the statements made by her colleagues.
MSC (Aguilar/Ray) that the Planning Commission recommend to the City Council:
1. that Otay Valley Road's intersection with Main Street going east to 1-805 be changed to
Main Street;
2. that 1-805 going east to Brandywine Avenue be changed to Main Street-Auto Park Drive;
3. that Otay Valley Road's intersection with Brandywine Avenue going east until it turns
south over the river be changed to Main Street; and
4. that from where Otay Valley Road turns south and goes over the Otay River that it be
renamed Paseo Ranchero to the City limits.
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RECEIVED
November 16, 1998
"§J8 rø 16 Pl2:O1
Ms. Beverly Authelet 8tY OF CHULA VIST to
Office of the City Clerk Y CLERK'S OFFICE
City of Chula Vista
276 Fourth Avenue
Chula Vista, CA 91910
SUBJECT: PCM-99-02
Dear Ms. Authelet:
I recently received a public hearing notice for November 17, 1998 at which time the City
Council will be considering road name changes for portions of Otay Valley Road. The following
name changes would be much more logical than the existing situation:
A. From Otay Valley Road's intersection with Main Street going east until 1-805 to Main
Street.
B. From where Otay Valley Road turns south and goes over the Otay River to Paseo
Ranchero to the City limits.
Thank you for the opportunity of letting me voice my opinion.
Respectfully submitted,
~ c/ æ/ 63 ~ L----
Linda Bond
1673-G Melrose Avenue
Chula Vista, CA 91911
(A:\llb\linda\bat 1 t698Jtr)
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South Bay Auto Wreckers, Ine.
811 Energy Way
ChuhVista,CA 91911
November 17, 1998
City of Chum Vista
Attention: City Clerk
Re: Street name change.
As a business owner direcrly affected by any name change, we request that you
choose any appropriate new name for the entire stretch of road from 805 to the
proposed Paseo Ranchero. The proposed change is confusing and totally
unwarranted.
If the name 'Otay Valley Road' must be changed, we insist that it be changed to
one name only.
Sincerely,
Douglas Kaul Michael S. Kaul
Owners: South Bay Auto Wreckers, Inc.
Daytime Phone 619.421.5565 Fax Line 619.421.5673
li~EO
ED L VICKY UESCHE 916 7916052 ".2
Nov 16 98 01:26"
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GENERAL MOTORS ACCEPTANCE CORPORATION
P.O. lOt ISm ,.. DMp CA "¡II.","
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... "OU "mat
November 16, 1998
Hon. Shirlcy Horton. Mlyor
&; Membm of !be City COllllCii
City ofCbula Vista
:276 Fourth Avenue
Chula Vista, CA 91910
Dear Mayor Horton &: Members of the Ci!y CoWlcil:
It is t'uT Wldcmandi.ng the city is considering a proposed name ehange for Otay Vallt>y
Road, 0c=aJ Moton: Acceplllncç COIpDraûon cwtently owns property on OIay Valley
Rold and ¡" supportive of whatever adon the Mayor and City CoWlCiI recDlIilllend.
Sincerely,
.( UA#" (tiff (JJ f<)
Susan L. Vu Colt
Sales Purchase Branch Manager
cc: Council
City Manager
Planning
Cornm Dev
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COUNCIL AGENDA STATEMENT
Item ) S-
Meeting Date 11/24/98
ITEM TITLE:
Public Hearing: Considering abating the scheduled
calendar year 1999 Business License Tax rate
increase to a lesser level equal to 11.4 percent
higher than the current rates, which have been in
existence since 1991.
Resolution J9.27~ating the Business License Tax
rate increase scheduled for calendar year 1999 to a
level equal to 11.4 percent higher than the current
rates, which have been in existence since 1991.
SUBMITTED BY: Director of Financ~
'''''''''0 BY, City Mo=gerIR ~@{
(4/sths Vote: Yes
No _X_)
SUMMARY:
The Business License Tax ordinance (effective January 1, 1991) is
structured so that the business license tax rates increase annually
unless the City Council takes action to abate them each year. In
an effort to assist local businesses through the lengthy recession
of the mid 1990's, Council has approved annual abatements of the
scheduled rate increases since 1991. Staff is recommending a 11.4
percent increase in the Business License Tax rates over the rates
now in effect based on a 10 percent catch-up factor plus the
increase in the local consumer price index between July, 1997 and
July, 1998, which was 1.4 percent.
Notification of the public hearing and copies of this report were
sent to the Chamber of Commerce, the Broadway Business Association,
the Downtown Business Association and the Bonita Professional
Association.
RECOMMENDATION:
That Council conduct the public hearing and
Adopt Resolution
License Tax rate
calendar year 1999
percent higher than
Abating the Business
increase scheduled for
to a level equal to 11.4
the current rates.
l5-)
Page 2 Item
Meeting Date 11/24/98
DISCUSSION:
Tax Structure
On October 25, 1990, the city council adopted Ordinance 2408,
approving a business license tax increase of 200 percent to be
phased in over a three year period beginning in 1991, with
subsequent year increases set at 6 percent per year. These
increases were adopted in lieu of changing the tax structure from
the existing flat rate/per employee basis to a gross receipts
basis, which was proposed by staff, but strongly opposed by the
business community. The Ordinance also provides Council with the
ability to conduct a public hearing and abate all or a portion of
the tax increase for a one year period to a rate not less than the
1991 rate. If no action is taken by Council, the rates for all
businesses would increase to the cumulative level specified in the
ordinance.
Council has chosen to abate all scheduled rate increases every year
since 1991. Per the ordinance, the scheduled increase for 1999
would include the accumulation of the 50 percent increases abated
in both 1992 and 1993, and the 6 percent increases abated each year
since 1994. In other words, if Council does not abate all or a
portion of the scheduled increase, business license taxes would
increase by more than 180 percent in 1999. Staff is recommending
a partial abatement resulting in a nominal increase.
Rate Increase Justification
In fiscal year 1991-92 revenues from business license taxes made up
1.8 percent of the city's General Fund revenues. In that same year
business license tax revenues were at a level that supported 3.6
percent of the city's expenditures for Public Safety. In the
current fiscal year revenues from business license taxes are
projected at only 1.1 percent of the city's General Fund revenues
and unless increased, will be sufficient to support only 2.5
percent of the city's expenditures for Public Safety. The average
for California cities of the same relative size as Chula Vista is
for business license tax revenues to fund 6.80 percent of the
city's public safety expenditures.
This inflationary erosion caused by maintaining a constant rate
since 1991 places a degree of strain on the other discretionary
/y;'"
Page 3 Item
Meeting Date 11/24/98
revenue sources available to the City. The average for California
cities of the same relative size as Chula vista is for business
license tax revenues to make up 4.3 percent of the city's
discretionary revenue. For Chula Vista, this percentage is only
2.20 percent. Even if staff's recommendation for an 11.4 percent
rate increase is approved, the City's business license tax revenue
will only make up 2.4 percent of the City's discretionary revenues
and support only 2.8 percent of our expenditures for Public Safety.
Local business groups have frequently asserted that the primary
factor to consider in setting business license tax rates is
competition with neighboring Cities. Attachment A attempts to
reflect a general comparison of business license tax rates for most
cities within San Diego County. This table shows that Chula
vista's rates remain well below the average for the region.
The same groups often voice the concern that the City of Chula
Vista's rates do not compare favorably with the rates for the City
of San Diego, but the table illustrates that the comparison depends
on the type and size of business chosen for the comparison.
Specifically, San Diego's rates are $44.50 less than Chula vista's
for small retail businesses, but are $42.50 more than Chula Vista's
for a retail business with 20 employees, and the difference will
tend to grow as the number of employees increases. For businesses
classified as professional, San Diego's rates are $71 lower than
Chula Vista's, but for a typical manufacturing business San Diego's
rates are more than $150 more than Chula Vista's.
Insuring a competitive tax rate structure would seem to be most
important for those types of businesses that would have the most
positive impact on the City's economic health. Larger retail
businesses that provide employment opportunities and generate sales
tax revenue, and manufacturing businesses that also provide
significant employment opportunities are arguably the most
beneficial types of businesses. The data shows that the City's
rates are very competitive with the City of San Diego's rates for
these types of businesses.
Staff is recommending an increase of 11.4 percent, which is made up
of a nominal 10 percent in order to make up some of the ground lost
over the last seven years since the last rate increase, and 1.4
percent based on the increase in the local consumer price index
/_5---3
Page 4 Item
Meeting Date 11/24/98
between July, 1997 and July, 1998. Beginning in the year 2000,
staff will be recommending any annual rate increases based on the
positive changes in the local consumer price index.
Business Liaison
During discussions with the Chamber of Commerce regarding this
item, Chamber representatives surfaced the idea of a management
level staff person being assigned the responsibility to ensure that
the City enhances and maintains a business friendly attitude in
every facet of our dealings with existing and potential businesses.
This suggestion was in part to ensure that the business community
could be assured of receiving prompt, appropriate and courteous
service in exchange for the level of taxes they pay in support of
City operations. The City Manager is fully supportive of the
recommendation and has assigned this responsibility to Cheryl Dye,
the city's Economic Development Manager.
FISCAL IMPACT:
If Council took no action to abate the scheduled rate increases
included in the ordinance, rates would increase by more than 180%
and estimated revenues from business licenses for this fiscal year
would increase by more than $1.3 million.
Council action to fully abate the scheduled tax increase and leave
rates at the current level would have no impact on revenues
estimated in the budget.
Attachment B is a table showing the estimated impact on four
typical businesses of the recommended rate increase of 11.4 percent
compared to the existing rates, should the Council instead choose
to abate the entire scheduled increase. If adopted, the increase
recommended by staff would result in an approximate annual cost
increase of $9.00 for a small retail business, $21.00 for medium
size retail business, $12.00 for a professional business, and
$22.65 for a medium size manufacturing business. An 11.4 percent
increase in tax rates would generate an additional $85,500 in
business license tax revenue for this fiscal year.
/~i
RESOLUTION NO. J 9;;. ? ~
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA ABATING THE BUSINESS LICENSE TAX
RATES FOR CALENDAR YEAR 1999 TO A LEVEL EQUAL
TO 11.4 PERCENT HIGHER THAN THE CURRENT RATES,
WHICH HAVE BEEN IN EXISTENCE SINCE 1991
WHEREAS, the Business License Tax ordinance (effective
January 1, 1991) is structured so that the business license tax
rates increase annually unless the city Council takes action to
abate them each year; and
WHEREAS, in an effort to assist local businesses through
the lengthy recession of the mid 1990' s, Council has approved
annual abatements of the scheduled rate increases since 1991; and
WHEREAS, staff is recommending an 11.4 percent increase
in the Business License Tax rates over the rates now in effect
based on a 10 percent catch-up factor plus the increase in the
local consumer price index between July, 1997 and July, 1998, which
was 1.4 percent; and
WHEREAS, notice of the public hearing and copies of the
staff report were sent to the Chamber of Commerce, the Broadway
Business Association, the Downtown Business Association and the
Bonita Professional Association; and
WHEREAS, a public hearing was held on November 24, 1998
to discuss abating the business license tax rate increase scheduled
for Calendar Year 1999 to a lesser level equal to 11.4 percent
higher than current rates, which have been in existence since 1991.
NOW, THEREFORE, BE IT RESOLVED that the city Council of
the City of Chula Vista does hereby abate the Business License Tax
rate increase for Calendar Year 1999 to a level equal to 11.4
percent higher than the current rates, which have been in existence
since 1991.
Presented by
Approved as to form by
Robert Powell, Director of
Finance
. Kaheny, City
rney
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ATTACHMENT B
COMPARISON OF BUSINESS LICENSE TAX FOR VARIOUS CHULA VISTA BUSINESSES AT
THE CURRENT RATE VERSUS PROPOSED RATE INCREASE
Retail Retail Professional Manufacturer
Type of Tax 4 Employees 20 Employees Plus 3 Employees 45 Employees
($500,00O/yr) ($2,OOO,OOO/yr) ($500,OOO/yr) ($ unknown)
Current Rate $78.50 $182.50 $105.00 $198.75
11.4% increase $87.50 $203.50 $117.00 $221.40
Net Increase $9.00 $21.00 $12.00 $22.65
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P'~~ November 18, 1998
(dÞwt~p)
TO: The Honorable Mayor and City Council ~
FROM: David D. Rowlands, Jr., City Manage;W ~ /7
SUBJECT: City Council Meeting of November 24, 1998
This will transmit the agenda and related materials for the regular City Council
meeting of Tuesday, November 24, 1998. 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 11/17/98, 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
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COUNCIL AGENDA STATEMENT
ITEM /£
-
MEETING DATE 11/24/98
Ordinance ,z7¿?
ITEM TITLE: amending Chapter 2.56 of the Municipal Code to update
the City Purchasing System (first reading).
SUBMITTED BY: DirectorofFpce¡f
REVIEWED BY: City Manager (4/Sths vote: Yes_NoX)
The City's Purchasing Agent has analyzed buying activity and trends over the past two years and
is recommending an increase in the buying limits delegated to staff. Further changes proposed
include streamlining the consultant selection process, simplifying surplus property disposal
procedures, and updating the language to make it gender-neutral. The changes recommended are
so detailed and pervasive as to warrant a complete re-write of this chapter or the Municipal Code.
Therefore, a strike-out version of the existing chapter is not provided. Public works projects, as
covered in the City Charter are not addressed in this proposal. However, in order to be consistent
with the proposed Purchasing System changes, it is suggested that a Charter change be initiated by
the Public Works Department to bring their limits in line with the Purchasing System ordinance, if
approved.
RECOMMENDATION: That Council place the Ordinance on first reading amending Chapter 2.56
of the Municipal Code to update the Purchasing System.
BOARDS/COMMISSION RECOMMENDATION: Not applicable.
DISCUSSION: Current buying limits were established twenty-nine years ago. Bids up to $2,500
may be awarded based on a single, informal quotation. Bids between $2,500 and $25,000 require
three informal quotations. Informal quotations may be obtained by telephone, fax, or mail.
Equipment, materials, supplies, and services costing over $25,000 require an advertised, public bid
opening. The Purchasing Agent has authority to approve purchases up to $16,000; the City Manager
approves all purchases from $16,000 to $25,000; and the City Council approves all purchases over
$25,000.
According to a recently completed in-house study, ftom July 1, 1996 through June 30, 1998,6,855
purchase orders were issued for a total dollar value of$39,035,465. During this two-year time span,
121 orders (14.1 %) valued between $25,000 and $100,000 were issued for a total dollar value of
$5,502,969. Each of these 121 orders required a staff prepared agenda item and resolution, review
by the City Manager, and City Council approval. Also in this time period, sixty-one orders (0.9%)
exceeded $100,000 which accounted for $22,972,111 of the total dollar value (58.8%) of all
purchases made. Please see Exhibit 1.
/¡j;-/
Page 2, Item-
Meeting Date 11/24/98
An infonnal survey was also conducted of forty-one (41) public agencies ranging in population of
47,800 to 3,800,000 in the Southern California region. Of the thirty-eight agencies (38) responding,
twenty-one (21) have infonnal buying limits greater than Chula Vista; ten (l0) have higher fonnal
buying limits. Furthennore, there is a trend among other public agencies to raise buying limits, in
that a majority of the agencies contacted indicated an expectation to soon do so.
Chula Vista's infonnal bid limit is $2,500. That is, orders under $2,500 may be placed with only
one bid; whereas, orders exceeding $2,500 require a solicitation of bids. In general, when a bid is
valued at $500 or more, a written quote is requested. Due to the increased cost in goods and services
obtained, and the desire to process orders in an expeditious nature, it is recommended that the
infonnal bid limit be raised to $10,000. Staff would retain the option of requiring infonnal bids for
orders less than $10,000. These changes are not inconsistent with the policies of most other agencies
at least the size of Chula Vista.
Fonnal bids; that is, purchases of materials and services over $25,000, require advertising, a wait
period often days, and a public bid opening. The bid results are then forwarded to the requesting
department where the agenda item is written. The City Attorney and City Manager then review each
item and resolution. The City Clerk places the agenda item on the docket and the item is again
reviewed in an agenda setting meeting. Council conducts a final review and approves fonnal bids
one week after the agenda setting meeting. The Purchasing Office processes fonnal bids once
Council approval has been obtained. Fonnal bids typically take six weeks or longer to complete.
It is recommended that the fonnal bid limit be increased from $25,000 to $100,000 and that authority
to approve procurement of goods and services up to $50,000 be delegated to the Purchasing Agent.
The City Manager would have authority from $50,000 to $100,000. Bids falling within the $25,000
to $100,000 range are typically for equipment, such as vehicles and landscaping apparatus, or for
recurring contractual services. Although most entities surveyed are currently at the $25,000 -
$50,000 level for requiring fonnal bids, as indicated previously, there is significant sentiment
towards increasing these limits for reasons similar to those on which this recommendation is based.
Raising the fonnal bid limit fÌ'om $25,000 to $100,000 would fÌ'ee-up staff to concentrate on other
high priority projects. The City Manager would be relieved from reviewing and approving
approximately eighty-five (85) orders annually, as the Purchasing Agent would instead assume this
responsibility. Council would still review and approve orders accounting for approximately 60%
of the total value of all purchases made. Overall, Council would have more time to concentrate on
policy-related issues while appropriate controls would continue to be maintained.
It is also recommended that the consultant selection process be streamlined. Currently, the process
is cumbersome, restrictive, and time-consuming. A selection committee must be convened for
consultant services in excess of $1 0,000. Furthennore, the top three candidates must be invited for
interview. The proposed changes would allow more flexibility, in that a selection committee would
only be convened for services exceeding $100,000. The Purchasing Agent would have the authority
/6 -;2
Page 3, Item -
Meeting Date 11/24/98
to approve consultant service agreements up to $50,000. The City'Manager would approve
consultant services between $50,000 and $100,000. Council would approve all services greater than
$100,000. Under the revised ordinance, only the. most qualified candidates would be considered for
an interview, granted at the discretion of the requesting department. A final agreement would then
be negotiated with th.e highest ranked candidate.
Surplus property disposal procedures would also be modified to bring consistency throughout the
revised ordinance. An exception would be disposition of surplus property to civic or social
organizations, which currently requires Council approval. The ordinance changé would allow the
City Manager to donate surplus property when the estimated value is $10,000 or less. Donations
exceeding $10,000 would require Council approval. Otherwise, when selling surplus property on
the open market, bidding procedures would be followed in accordance with the proposed limits.
Increasing the buying limits would reduce paperwork, improve delivery times, and enhance
operational efficiencies. Checks and balances between the requesting departments, purchasing staff,
receiving staff, and accounts payable staff would remain in place to counter any [¡-aud or misuse.
In fact, the audit capability of the revised Purchasing System would remain consistent with present
practices. Finally, the proposed ordinance change would make existing language gender-neutral.
FISCAL IMP ACT: There is no direct fiscal impact on the City as a result of this proposed
ordinance change. However, savings in staff time would be achieved [¡-om placing approximately
sixty (60) fewer fonnal bid advertisements aIlllUally, writing and processing fewer Council agenda
items, etc.
Exhibit 1 7/1196 - 6/30/98 (Two Year Totals)
Range Number of PO's Number % Value of PO's Value %
$1 - $2,500 5,610 81.8% $2,725,668 7.0%
$2,501 - $16,000 979 14.3% $6,114,494 15.7%
$16,001 - $25,000 84 1.2% $1,720,223 4.4%
$25,001 - $50,000 87 1.3% $3,242,499 8.3%
$50,001 - $100,000 34 0.5% $2,260,470 5.8%
Above $100,000 61 0.9% $22,972,111 58.8%
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ORDINANCE NO. .). 7j, rj.
AN ORDINANCE OF THE CITY OF CHULA VISTA
AMENDING CHAPTER 2.56 OF THE CHULA VISTA
MUNICIPAL CODE TO UPDATE THE CITY PURCHASING
SYSTEM
The City Council of the city of Chula Vista does hereby
ordain as follows:
SECTION I: That Chapter 2.56 of the Chula vista
Municipal code is hereby amended to read, in its entirety, as
follows:
Chapter 2.56
PURCHASING SYSTEM
Sections:
2.56.010 Centralized Purchasing System Established.
2.56.020 Purchasing Agent - Appointment - Powers, Duties,
and Authority.
2.56.030 Option to Delegate Authority for Purchases of
Supplies and Equipment.
2.56.040 Requisitions or Estimatesl Required Revisory
Changes Permitted.
2.56.050 Required Contract Formsl City Attorney.
2.56.060 Budget, Availability of Funds Required.
2.56.070 Formal contract and bid procedure - Contracts
Exceeding $100,000.
2.56.080 Contracts Exceeding $100,000 - Notice inviting
bids.
2.56.090 Open market procedure - Contracts of $100,000 or
less.
2.56.100 Emergency Purchases.
2.56.110 Exc~ptio~ - Selection Process for architectural,
eng1neer1ng, environmental, land surveying, legal,
construction project management, and other
professional services.
2.56.120 Supplies, materials, and equipment no longer used-
Disposition procedure.
2.56.130 Sale of Real Property - Procedure.
2.56.140 Cooperative purchasing agreements permitted when.
2.56.150 Purchasing Agent - Storeroom and warehouse control
authority.
2.56.010 Centralized Purchasing System Established.
Pursuant to Section 1010 of the city Charter, there is
established a centralized purchasing system for City departments,
offices, and agencies, in order to (1) establish procedures for the
purchase of services, supplies and equipment, at the lowest
1
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possible cost commensurate with quality needed, (2) exercise
positive financial control over purchases, (3) clearly define
authority for the purchasing function, and (4) to assure the
quality of purchases.
2.56.020 Purchasing Agent - Appointment - Powers, Duties, and
Authority.
The Director of Finance shall appoint, in accordance with
Section 507 of the Charter, a purchasing Agent, who shall be in the
unclassified service as provided in Section 500 of the city
Charter, and such deputies as may be necessary. The purchasing
Agent shall be the head of the Purchasing Division of the Finance
Department and shall conduct a centralized purchasing system. The
Purchasing Agent shall have the power, and it shall be his or her
duty, to purchase or contract for all supplies, equipment, and
services needed by any and all departments, offices, and agencies
of the city subject to the terms and conditions provided for in
this chapter. The Purchasing Agent shall have the authority to:
A. Negotiate, purchase, and obtain supplies, equipment, and
contractual services used by the city in accordance with city
and state law, and such rules and regulations as are
prescribed by the Director of Finance subject to the review of
the City Manager or by the City Council;
B. Act to procure for the City the needed quality in supplies,
equipment, and contractual services, at least expense to the
City;
C. Endeavor to obtain as full and open competition as possible on
all purchases and sales;
D. Prepare and recommend to the Director of Finance rules,
regulations and procedures governing the purchase of supplies,
equipment, and services for the City and amendments thereto as
necessary;
E. Keep informed of current developments in the field of
purchasing, prices, market conditions, and new products, and
secure for the City the benefits of research done in the field
of purchasing by other governmental jurisdictions, national
technical societies, trade associations having national
recognition, and by private businesses and organizations;
F. Prescribe and maintain such standardized contracts, subj ect to
the approval of the City Attorney, and other rules and
regulations as are reasonably necessary for the operation of
the purchasing system;
G. Prepare and adopt a standard purchasing nomenclature for City
departments and suppliers;
2
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H. Prepare, adopt, and maintain a vendor file. Said file shall
be organized according to commodity and shall contain vendor
addresses and descriptions of vendor goods and services;
1. Exploit the possibilities of buying "in bulk" so as to take
full advantage of discounts, and establish written policies
for inventory management in size of purchases;
J. Recommend the transfer of surplus or unused supplies and
equipment between departments as needed and the sale of all
supplies and equipment which cannot be used by any department
or which have become unsuitable for city use and the scrapping
or surveying of unsalable surplus items.
K. Take such other actions, consistent with the provisions of
this chapter, all other applicable laws, and current good
purchasing practices, that are reasonable and appropriate to
effectively operate the City's centralized purchasing system.
2.56.030 Option to Delegate Authority for Purchases of Supplies
and Equipment.
The Purchasing Agent may authorize a department, office, or
City agency to purchase supplies, services and equipment directly
when he or she determines that direct purchasing can improve
efficiency and/or reduce costs and is in the best overall interests
of the city. All direct purchasing authorized by the Purchasing
Agent under this Section shall be carried out in compliance with
the procedures established by this chapter and on such forms or
through such purchasing mechanisms as shall be determined by the
Purchasing Agent. Direct purchases may be effected through the use
of procurement cards or other similar mechanisms.
2.56.040 Requisitions or Estimates1 Required Revisory Changes
Permitted.
All City departments and offices shall file with the
Purchasing Agent detailed requisitions or written estimates of
their requirements in supplies, equipment, and services, in such
manner, and at such times, as the Purchasing Agent shall prescribe.
The Purchasing Agent shall examine each requisition or estimate and
shall have the authority to revise it as to quantity, quality, or
estimated cost; provided, however, that a change in quality will
not vary substantially from the standards of the using department
or office; and provided further, that the using department head, or
designee, is first consulted.
2.56.050 Required Contract Forms1 City Attorney.
All purchase orders and contracts for purchase of supplies,
equipment or services shall be on forms prescribed or approved by
the purchasing Agent and City Attorney.
3
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2.56.060 Budget, Availability of Funds Required.
For all purchases or contracts for services, the Purchasing
Agent shall certify that (a) the required purchase price or
compensation is provided for in the budget of the using department
or has been approved by the City Council by resolution; and (b)
there is to the credit of each using department concerned a
sufficient and appropriate unencumbered balance in excess of all
unpaid obligations to defray the cost of such purchase or contract.
2.56.070 Contracts Exceeding $100,000 - Formal Competitive bid
procedure and City Council approval required.
Except as provided below, all supplies, equipment, and
services, when the estimated cost thereof shall exceed one hundred
thousand dollars ($100,000), shall be awarded by the City Council
to the lowest responsive and responsible bidder submitting the best
bid in accordance with the competitive bidding process set forth in
Section 2.56.080 of this Chapter, below.
The following purchases shall be exempt from these
requirements:
A. Public Works
Contracts for those public works, materials and services
that are governed by the purchasing requirements of
Section 1009 of the Charter.
B. Professional Services
Contracts for certain professional services that are
governed by section 2.56.110 of this chapter.
C. City Council Waiver
Contracts for which it is determined by resolution of the
City Council, that the competitive bidding requirements
as applied to that contract are impractical, impossible
or that City interests would be materially better served
by applying a different purchasing procedure.
D. Sinqle/Sole Source
A commodity or service available from only one known
source as the result of unique performance capabilities,
manufacturing processes, or market conditions.
E. Emerqency
Emergency purchases which shall be governed by Section
2.56.100 of this chapter.
4
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2.56.080 Contracts Exceeding $100,000 - Competitive Bidding
Process.
For non-exempt contracts for supplies, equipment and services
valued in excess of $100,000, the following competitive bidding and
award process shall be followed:
A. Notice Invitinq Bids.
When required, notices inviting bids shall include a
general description of the article or service, and shall
be published by the Purchasing Agent at least once in a
newspaper of general circulation in the City at least ten
days prior to the bid opening date. In the event a
newspaper of general circulation within the City is
unable to publish such notice for any reason, the
Purchasing Agent shall post such notice in at least three
public places in the City designated as places for
posting public notices.
B. Bidder's List.
The Purchasing Agent shall also solicit sealed bids from
responsible prospective suppliers who have requested that
their names be added to a "bidder's list," which the
Purchasing Agent shall maintain, by sending them a copy
of such newspaper notice or such other notice as will
acquaint them with the proposed purchase or sale. In any
case, invitations sent to the vendors on the bidder's
list shall be limited to commodities that are similar in
character and ordinarily handled by the trade group to
which the invitations are sent.
C. Bidder's securitv.
The Purchasing Agent may require a bidders' security in
an amount equal to ten percent of the bid either in cash,
certified or cashier's check, or surety bond approved by
the City Attorney and the Risk Manager. In the event a
bidder's security is required, no bid shall be considered
unless the required security is submitted therewith. All
bidder's security is refundable, except in the case of a
successful bidder who shall forfeit this security if the
bidder fails to execute a contract within ten days after
the notice of award has been mailed or personally
delivered, or otherwise fails to comply with the
requirements to complete the transaction.
D. Bid openinq.
Sealed bids shall be submitted to the Purchasing Agent,
5
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who shall open them in public at the time and place
stated in the public notices. A tabulation of all bids
received shall be available for public inspection in the
office of the Purchasing Agent for a period of not less
than thirty calendar days after the bid opening. The
Purchasing Agent may delegate this responsibility
hereunder to responsible assistants and deputies.
E. Compilation of bids and recommendations.
Following the opening of formal bids, the Purchasing
Agent shall compile all of the bids and submit them to
the requesting department head, together with a
recommendation as to which bid he or she considers best,
taking into consideration, the amount of money bid,
compliance with specifications, and responsiveness and
responsibility of the bidder. The responsiveness of the
bidder shall be determined by comparing the bid to the
bid specifications. In determining the responsibility of
the bidder, the Purchasing Agent will be guided by, but
not limited to, a consideration of the following factors:
1. The experience of the city in dealing with the low
bidder;
2. The experience of other governmental agencies known
to the Purchasing Agent in their previous
transactions with the low bidder;
3. Knowledge of the quality and fitness of the product
offered by the low bidder, substantiated by reports
of using departments within the City or other
governmental agencies;
4. Options to renew contracts for continuing purchases
at the same bid price or with reasonable fixed or
capped increases, in those circumstances where
price increases are expected or have been
experienced in the past;
s. Financial stability and business standing of the
low bidder.
The requesting department head shall forward the
compilation of bids and his or her recommendation with
respect to an award to the City Manager, who in turn,
will forward a recommendation for award to the City
Council. The Purchasing Agent may reject any or all
bids, or any one or more commodities or contractual
services included in the proposed contract if it is
determined that the public interest will be served
thereby.
6
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F. Contract awardinq authority.
The City Council may make an award of contract to the
lowest responsive and responsible bidder submitting the
best bid in all respects.
G. Reiection of bids.
The City Council may reject any or all bids, direct City
forces to provide the required commodity or service,
authorize the readvertising of bids, or authorize the
purchase of supplies or services pursuant to the open
market procedure set forth in Code Section 2.56.090.
H. Tie bids.
In accordance with Section 1011 of the Charter, in the
event two or more bids are received which are for the
same total amount or unit price and in all other respects
are equal, the contract shall be awarded to a local
bidder. In the event, however, that such tie bids are
all from vendors either wholly inside or all outside of
the City, then the contract shall be awarded by drawing
lots in public.
1. Performance bond.
The Purchasing Agent shall have authority to require a
performance bond in such amount as he or she shall find
reasonably necessary to protect the best interests of the
City.
2.56.090 Contracts of $100,000 or Less - Open market procedure and
Purchasing Agent/City Manager Approval Required.
A. In General. Purchases of supplies, equipment, and
services of an estimated value in the amount of fifty
thousand dollars ($50,000) or less may be made by the
Purchasing Agent in the open market without observing the
formal bidding procedure prescribed in section 2.56.080.
Purchases between $50,000 and $100,000 require City
Manager approval. However, informal bidding shall be
required, and whenever practical, be based on at least
three bids. Contracts shall be awarded to the lowest
responsive and responsible bidder submitting the best bid
in all respects. Responsiveness and responsibility shall
be determined pursuant to the standards set forth in
section 2.S6.080.E. of this chapter. The purchasing
Agent shall keep a record of all open market orders and
the bids submitted in competition thereon, and such
records shall also be open to public inspection.
7
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B. Exceptions: In any of the following instances, the
Purchasing Agent may dispense with the requirements of
informal bidding:
1. Less Than $10,000
When the estimated amount for the commodity or
service involved is less than ten thousand dollars
($10,000) in which case the contract may be awarded
based upon demonstrated competence at reasonable
fees;
2. Sinqle/Sole Source
When the service or commodity can be obtained from
only one vendor; or when the commodity being
purchased is required to match or be compatible
with other furnishings, materials, or equipment
presently on hand and the purchase is made from the
manufacturer or supplier who supplied such other
furnishings, materials, or equipment;
3. Professional Services
When the services are professional services
governed by section 2.56.110 of this chapter;
4. Impractical or Impossible
When it is determined by the Purchasing Agent that
it would be impractical or impossible to obtain
competitive bids on the open market;
s. Emerqency
In the event of an emergency affecting health,
safety, or public welfare in which case Section
2.56.100 of this chapter shall govern.
2.56.100 Emergency purchases.
A. BY Purchasinq Aqent permitted when.
In case of an emergency which requires immediate purchase
of supplies, equipment, or contractual services, the City
Manager or Purchasing Agent are authorized to secure in
the open market at the lowest obtainable price any
supplies, equipment, or contractual services, regardless
of the amount of the expenditure; provided however, that
a full explanation of the circumstances of such emergency
shall be entered in the minutes of the Council at the
first available meeting following the commitment to the
8
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expenditure and shall be open to public inspection.
B. By usinq department - Procedure.
In case of an emergency, and with the prior consent of
the city Manager or Purchasing Agent, any using
department may purchase directly any supplies, equipment,
or services when the estimated cost thereof shall not
exceed one hundred thousand dollars, whose immediate
procurement is essential to prevent delays in the work of
the using department which may affect the life, health,
or public safety of citizens. The head of such using
department shall send to the Purchasing Agent a copy of
the delivery record, together with a full written
explanation of the circumstances of the emergency, which
shàll be filed by the Purchasing Agent as a permanent and
public record of the purchase. The Purchasing Agent
shall, by rules and regulations, prescribe the procedures
under which such emergency purchases may be made.
c. By Director of civil Defense and Disaster.
Nothing herein contained shall limit the authority of the
city Director of civil Defense and Disaster to make
emergency purchases and take such other emergency steps
as are or may be authorized by resolution of the City
Council.
2.56.110 Exception - Selection Process for architectural,
engineering, environmental, land surveying, legal,
construction project management, and other professional
servJ.ces.
A. In General.
1. Pursuant to Government Code Sections 4525, et. seq.
with regard to architectural, engineering,
environmental, land surveying, legal services,
construction project management services, and
professional consultant services; all services
provided to the city by contract shall not be
governed by the bidding requirements set forth in
Sections 2.56.070 or 2.56.090, but shall be
negotiated on the basis of demonstrated competence
and qualifications for the services required and at
fair and reasonable fees in accordance with the
procedures set forth in this Section.
Notwithstanding the foregoing, once demonstrated
competence and qualifications have been
established, expense may be considered as one
factor in the selection of a consultant hereunder.
9
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2. Notwithstanding the above requirement, the
Purchasing Agent may require competitive bidding
pursuant to the requirements of Sections 2.56.080
or 2.56.090 of this chapter, upon a finding that
the professional services required are of more of a
technical nature or involve little professional
judgment, and requiring bids would be in the public
interest.
3. If the estimated cost of professional services
exceeds one hundred thousand dollars, it shall be
awarded by the City Council after compliance with
the procedures spec~fied in Subsection C., below.
Contracts for servJ.ces for one hundred thousand
dollars or less may be awarded pursuant to Section
2.56.090.
B. Definitions. For purposes of this chapter, the following
terms have the following meanings:
1. "Architectural, engineering, environmental, and
land surveying services" includes those
professional services of an architectural,
engineering, environmental, or land surveying
nature as well as incidental services that members
of these professions and those in their employ may
logically or justifiably perform.
2. "Construction project management" means those
services provided by a licensed architect,
registered engineer, or licensed general contractor
which meet the requirements of Government Code
Section 4529.5 for management and supervision of
work performed on construction projects.
3. "Environmental services" means those services
performed in connection with project development
and permit processing in order to comply with
federal and state environmental impact laws and the
analysis of hazardous material.
4. "Legal services" are those of a specialized legal
nature that are most appropriate for use by a
requesting City department.
S. "Professional services" include services which
provide intellectual products of a specialized
nature unique to a given situation or requirement.
C. Selection Process for Contracts of Greater than $100,000.
1. Any department head desiring to enter into a
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contract for outside professional consultant
servJ.ces whose estimated cost exceeds one
hundred thousand dollars shall first analyze the
cost effectiveness of having the proposed service
comp~eted in-house versus the cost for outside
servJ.ces.
2. Notice. Public announcement of all projects of an
estimated cost in excess of one hundred thousand
dollars requiring architectural, engineering,
environmental, land surveying, legal services,
construction project management, or other
professional consultant services shall be made by
the City through notice to the respective
professional societies or by publication in a
newspaper of general circulation. The notice shall
invite service providers to submit letters of
interest for specific projects.
3. The recommendation to city council for the award of
the contract shall be made by a selection
committee. The responsible department head, or
designee, and two or more staff members shall
perform the duties of the selection committee.
4. After reviewing all proposals submitted, the
selection committee may choose the most qualified
firms for personal interviews to discuss
anticipated concepts and the relative utility of
alternative methods of approach for furnishing the
required services. The selection committee shall
evaluate and rank the firms based upon criteria
established in advance by the city. Cost
comparisons between service providers may also be
considered as a factor. A list containing the
ranking information will be sent to the responsible
department head.
S. The responsible department head shall negotiate a
contract with the firm ranked No. 1 by the
selection committee at a price determined to be
fair and reasonable to the City. The agreement
shall define the conditions of the contract scope,
work plan, schedule, costs, method of payment,
duration, insurance, indemnification and other
appropriate matters.
6. If the department head is unable to negotiate a
satisfactory contract with the first ranked firm,
negotiations shall be formally terminated.
7. The department head shall then undertake
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negotiations with the second ranked firm. This
process shall continue until a satisfactory
contract is negotiated.
8. If the list of qualified firms is exhausted without
a contract being negotiated, the selection
committee shall choose additional firms, and the
process shall continue until a satisfactory
contract is negotiated.
D. Selection Process for Contracts of Less than $100,000.
Purchases of professional services of an estimated value of
$50,000 or less may be made by the Purchasing Agent. The City
Manager shall approve Professional Services between $50,000 and
$100,000. Informal solicitation of proposals shall be required in
accordance with the same standards and exceptions set forth in
section 2.56.090 of this chapter. Contracts may be made using pre-
qualification lists maintained by the purcha,sing Agent. The
Purchasing Agent shall review types of servJ.ces required and
determine for which types of services pre-qualification lists would
be appropriate.
E. Unlawful Acts and Conflicts of Interest Prohibited.
1. In the selection and award of professional
consultant contracts pursuant to this exception,
all unlawful activity, including but not limited
to, rebates, kickbacks, or other unlawful
consideration is prohibited.
2. No city officer or employee shall be a member of a
selection committee, or otherwise participate in
the selection process, when they have a
relationship with a person or business entity
seeking a contract which would constitute a
conflict of interest under Government Code section
87100 or under City conflict of interest rules.
2.56.120 Supplies, materials, and equipment no longer used -
Disposition procedure.
A. General Procedures. All using departments shall submit
to the Purchasing Agent at such times and in such form as
he or she shall prescribe, reports showing stocks of all
supplies, materials, and equipment which are no longer
used or which have become obsolete, worn out, or
scrapped. The Purchasing Agent may transfer such stock
to other departments, which have need for and can use it.
The Purchasing Agent, shall also have the power to sell
all supplies, materials, and equipment which have been
unsuitable for public use, or to exchange for, or trade
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in the same on new supplies, materials, and equipment.
B. Approval Required; Competitive Process. Where the value
of an item, or a group of items expected to be sold to
one bidder, exceeds $100,000, such sale must be approved
by resolution of the City Council. Any such sale,
exchange, or trade-in shall be made to the highest
responsive and responsible bidder, in accordance with the
competitive bid procedures established by the Purchasing
Agent.
C. Donations. Supplies, materials, and equipment when the
estimated value involved is ten thousand dollars
($10,000) or less may be donated, or sold for less than
fair market value, to local civic or social
organizations, where it is deemed by the City Manager
that such a disposition of property would best serve the
City's public interests. Such donations or discounted
sale of items valued in excess of $10,000 must be
approved by resolution of the city Council.
D. Worthless Property. In the case of scrap or survey items
having no estimated or appraised value and which have not
been desired by any civic or social organization, the
Purchasing Agent may dispose of such items in any manner
he or she deems appropriate, keeping full records of such
disposition.
E. Special Procedures for Disposition of Library Materials.
The City Librarian shall submit to the Purchasing Agent
reports showing used, damaged, or unneeded library
materials and indicating disposition thereof. The
Librarian may, at his or her discretion, donate such
materials to the Friends of the Chula Vista Public
Library for such book sales as they may desire, or he or
she may offer such materials to any bona fide charitable
or nonprofit institutional organizations serving
primarily the interests of the city. If at any time the
Librarian chooses to dispose of such materials other than
as provided herein, he or she shall follow the general
procedures set forth hereinabove.
2.56.130 Sale of Real Property - Procedure.
The Purchasing Agent, with the recommendation of the City
Manager and approval of the City Council shall have the power to
sell for fair value any real property owned by the City which has
been declared by the City Council to have no present or future use
for public purposes. Notice of such sale shall be published at
least once in a newspaper of general circulation in the City. Real
property maybe sold for less than fair market value upon a
determination by the City Council that such sale will be in the
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public interest.
2.56.140 Cooperative purchasing agreements permitted when.
No provision of this chapter shall be interpreted or construed
to prohibit or prevent the City from purchasing supplies,
equipment, and services by contracts, arrangements, and agreements
for cooperative purchasing programs with the State of California,
the County of San Diego, the City of San Diego, or any other public
agency, school district, or water authority within the State of
California; provided that such items are purchased through a
competitive process that the Purchasing Agent determines to be
consistent with good purchasing practices. If the contract,
agreement, or arrangement exceeds one hundred thousand dollars,
then City Council approval is required.
2.56.150 Purchasing Agent - Storeroom and warehouse control
authority.
The Purchasing Agent shall control and supervise all existing
storerooms and warehouses and any which may hereafter be
established.
SECTION II: This ordinance shall take effect and be in full
force on the thirtieth day from and after its second reading and
adoption.
Presented by Approved as to form by
Robert w. Powell, Director of John M. Kaheny, City Attorney
Finance
H, \'hared\attorney\googins\purchnew. wp
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COUNCIL AGENDA STATEMENT
Item -1Z
Meeting Date 11/24/98
ITEM TITLE: Resolution) '} J 7 tpproPriating $25,000 from unappropriated General
Fund Balance for Professional Services related to assessing potential impacts
from the proposed Brown Field Cargo Port expansion and noise impacts of
helicopter flyovers originating from Ream Field.
SUBMITTED BY: Director of Planning and Building ~
Environmental Resource Manage~
REVIEWED BY: City Manager @ (4/5ths Vote: YeslLNo~
In June of this year, the City Council directed staff to review and advise the Council on possible
aviation noise and environmental impacts resulting from a proposed expansion of Brown Field, with
plans to turn Brown Field into a major Cargo facility; and increased helicopter activity over the City.
Staff has been monitoring the progress of preliminary planning for the Brown Field project and is
now requesting an appropriation of$25,000 from unappropriated General Fund Balance to cover the
cost of professional aeronautical environmental review services.
RECOMMENDATION:
It is recommended that the City Council adopt the attached City Council Resolution authorizing the
appropriation of $25,000 from unappropriated General Fund Balance for professional services
related to assessing potential impacts from the proposed Brown Field expansion and noise impacts
of helicopter flyovers originating from Ream Field.
BOARDS/COMMISSIONS RECOMMENDATION:
Not Applicable,
DISCUSSION:
Brown Field ExDansion
In 1996, the City of San Diego let a request for proposal to market Brown Field. A private
development group by the name of Brown Field Aviation Park (BF AP), which now has the financial
backing of Lehman Brother's investment division, won the bid. A memorandum of understanding
(MOD) was negotiated which required BF AP to develop a Master Plan for the airport and to begin
exclusive negotiations for a 30 year Master Ground Lease, Airport Operating Agreement, and
/7-/
Item_, Page 2
Date: 11/24/98
Development Agreement for the future aircraft operations and development of the City of San
Diego's Brown Field Airport. As a result of the Master Plan, three options were developed to
operate and expand the facilities. The proponents' 'preferred alternative' is to proceed with a large
expansion to the east of the airport and to build a major cargo airport. The proposed project is a
Master Airport and Conceptual Development Plan of the Brown Field Airport. The Airport Master
Plan is considering alternative development options including a maximum eastern runway extension
of the existing runway from its current length of 8,000 feet to up to 11,500 feet by expanding the
current boundaries of Brown Field. This maximum runway extension/airport expansion would
include airport associated retail, commercial, and industrial and air cargo improvements and would
extend across the current alignment of La Media Road. The airport expansion would include
extension to the northern rim ofthe Otay Valley, within the City of San Diego,
BFAP has been processing a draft Master Plan and a Draft Environmental Assessment
(EA)/Environmental Impact Report (DEIR) will be released by the City of San Diego. The Final
Draft EAlEIR is expected to be submitted to the City of San Diego this month and the release of the
Draft EAlEIR and 45-day public review period is expected to begin in December. Federal Aviation
Administration (FAA) approvals are anticipated in the beginning of 1999, with public hearings at
the City of San Diego no sooner than March.
In order to review potential noise, traffic, and other aviation related impacts to Chula Vista
residents, staff is recommending hiring aviation experts to review the Master Plan documents and
EAlEIR. Issues to be addressed by the consultant will include review ofthe Cargo Port Master Plan,
Environmental Impact Report, the City's present and future development plans (as they relate to
the proposal) to determine the effects of the proposal on Chula Vista residents and businesses;
potential land-use conflicts, and a detailed review of noise, flight patterns, transportation, safety,
truck traffic and future expansion potential. These services will assist staff in providing comments
to the City of San Diego during the public review period.
HelicoDter Noise
In the recent past, it appears that there has been an increase in the number of helicopter flyovers of
Chula Vista from the Ream Field Airbase, south of Imperial Beach. This has resulted in a
perception of increased noise impacts on the residents of the City. The consultant's other task
would be to work with staff and the originator of these impacts, the United States Navy, on a
potential solution to lessen impacts.
Proposed Consultant Oualifications
Staff has begun to solicit proposals from three aeronautical consulting firms. Each firm has
extensive experience working with airport projects in Southern California and each has expertise
in aviation safety, noise and environmental assessments. The consultant will work with staff to
review the above issues. A draft scope of work can be found in Attachment 1.
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FISCAL IMPACT:
The precise amount estimated for professional services will be based on the number of hours
necessary to review and advise the City on the Brown Field Expansion and helicopter impacts.
Based upon initial proposals received to date, staff has estimated that a not-to-exceed cost of
$25,000 will be necessary for preliminary review and comment. Staff costs for consultant
coordination, continued review and comment on the above tasks, and other coordination efforts with
the City of San Diego will be funded by the City's General Fund.
Attachments:
1. Scope of Work for Consultation
(H: ISHAREDlPLANNINGlDUANEIBROWN .All)
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Attachment 1
Draft Scope of Work:
11/13/98
I.. General Document Review: Review entire scope of work and respond to the overall
concerns outlined in the scope; provide a report identifying key issues within the documents
listed below, with a detailed analysis of the environmental impact report.
1. Thoroughly review the Brown Field Cargo Port Master Plan, Environmental Impact Report
and the City's present and future development plans (as they relate to the Brown Field
proposal) to determine what impact the proposed expansion plan will have on Chula Vista
residents and businesses. Provide comments on the impacts the expansion may have on
existing or planned infrastructure that serves Chula Vista.
2. Provide detailed comments and recommendations on potential land-use conflicts, noise,
flight patterns, transportation, safety, ground traffic - both truck and light duty vehicle, and
future expansion potential resulting from the proposal.
II Arrival and DeDarture Patterns
1. Determine what effect the proposed flight patterns for Brown Field approaches and take-offs
will have on Chula Vista residents.
2. Provide comments on whether the flight patterns being proposed are feasible, if there are
options to avoid impacts, and what issues the City should consider prior to taking a position
in favor/opposition to the proposal.
3. Flight patterns proposed, as well as the alternatives, in the Master Plan all have potential
impacts. In addition, the Master Plan call for landings from the west, which may conflict
with other airport patterns. However, the proposed arrivals and departures, as well as the
alternatives, all have impacts on the City. Flight patterns in the Master Plan call for landings
from the west, which may conflict with Lindbergh Field flight patterns. The alternatives
suggested includes routing planes over the western portion of Otay Ranch, could have
impacts on its residents. Provide an analysis on whether there are conflicts with Lindbergh
Field's flight patterns, what the impacts are on Chula Vista communities for the proposed
and alternative routes, and whether there other alternatives identified that could be
problematic over the Olympic Training Center, the Coors Amphitheater and future
University site.
/)-1
III. SafetY and Noise Footnrint
1. What safety issues could be of concern to the City? What impact does the crash zone have
on Chula Vista communities? What are the 'aircraft type accident rates' and accident rates
for cargo planes in general? Are there any turbo prop cargo planes proposed to be used?
2. Do these planes have noise retrofitting equipment? Are they stage 3 aircraft? Will curfews
be applied to the airport?
Address the following issues:
a. What is the potential for construction of maintenance facilities? If a maintenance
facility is to be built, will that increase the number of cargo planes coming into
Brown Field?
b. Will there be engine test beds and/or aviation fuel facilities?
IV, Market and Economic Analvsis:
1. The runway is proposed to be expanded to 11,500 ft. The proponents are planning to utilize
the proposed expansion for an initial 10 flight per day, with up to 30 flights per day
maximum. Identify what the maximum growth potential for additional flights may be.
Conduct an economic analysis to determine if the proposed number of flights financially
justify the expansion. Can the investment be recovered by their proposed cargo business or
would it be necessary to obtain other businesses to make it economically feasible. Examine
the following scenarios:
a.. If the Cargo Port is not economically successful, will it be necessary to
expand usage of the airport for other uses not discussed in the proposal, such
as a passenger-carrying airport?
b. Alternatively, if the Cargo Port is economically successful, what are the
plans and/or possibility for future expansion of an even larger Cargo Port
than currently planned? What are the cargo related traffic impacts?
a. Are expansion plans for Brown Field tied to Otay Mesa development plans?
Examine the relationship between the expansion proposal and the plans or
potential for related development surrounding Brown Field that might be
more intensive than what current plans call for.
2. Conduct a search to determine if there are there any precedents in the country for converting
a Cargo airport to a passenger airport.
/7-Ç
3. Proponents of the project have stated that domestic air freight is moving to other Southern
California airports and the need for an expanded Brown Field is born out of trying to
recapture this market. Provide an analysis which examines the market-based assumptions
of which this expansion project is based.
4. Examine and comment on the air cargo volume projections for the proposed project.
5. Identify what, if any, benefits the Brown Field expansion could have to Chula Vista
businesses.
OTHER
In the event that all parties are satisfied with the consultant's work, further assistance may be
requested for an additional fee regarding the U.S. Navy's Ream Field.
Ream Field is located immediately southwest of Chula Vista. Residents have been experiencing
an increase in helicopter noise which is believed to be coming from an increase in flyovers by the
Navy. Identify whether an increase in overflights are occurring and why, and if this trend will
continue/increase, and what alternative solutions there are to reduce noise impact on Chula Vista
residents.
/ 7- ¡,
RESOLUTION NO. /9.2?'J
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROPRIATING $25,000 FROM
UNAPPROPRIATED GENERAL FUND BALANCE FOR
PROFESSIONAL SERVICES RELATED TO ASSESSING
POTENTIAL IMPACTS FROM THE PROPOSED BROWN
FIELD CARGO PORT EXPANSION AND NOISE IMPACTS
OF HELICOPTER FLYOVERS ORIGINATING FROM REAM
FIELD
WHEREAS, in June, 1998, Council authorized staff to hire
a consultant to advise the City on possible aviation noise and
environmental impacts resulting from a proposed expansion of Brown
Field, with plans to turn Brown Field in a major Cargo facility and
increased helicopter activity over the City; and
WHEREAS, staff has been monitoring the progress of
preliminary planning for the Brown Field project and is now
requesting an appropriation of $25,000 to cover the cost of
professional aeronautical environmental review services.
NOW, THEREFORE, BE IT RESOLVED the City Council of the
City of Chula Vista does hereby appropriate $25,000 from the
unappropriated General Fund balance for professional services
related to assessing potential impacts from the proposed Brown
Field Cargo Port expansion and noise impacts of helicopter flyovers
originating from Ream Field.
Presented by Approved as to form by
~Q
Robert A. Leiter, Director of
Planning and Building M. Kaheny, c~ey
H, \home\lorraine\rs\cargo
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COUNCIL AGENDA STATEMENT
Item I~
Meeting Date 11/24/98
ITEM TITLE: Resolution Iqa~ò of the City Council of the City ofChula Vista,
California, approving the amended Council Policy No. 505-02 (Early liening
assessment procedure and origination charge policy)
Resolution Ie¡ ~ ý ( of the City Council of the City ofChula Vista,
California, approving the Second Amended Acquisition/Financing Agreement
for Assessment District No. 97-2 (Otay Ranch, Village One).
Resolution [9;;1'D /) of the City Council of the City ofChula Vista,
California, Authorizing and providing for the issuance of limited obligation
improvement bonds, approving the form of Bond Indenture, Bond Purchase
Contract and other documents and authorizing certain actions in connection
therewith.
SUBMITTED BY: Director of Public W ork#
Director of Finance
REVIEWED BY: City Managerß (4/Sths Vote: Yes_NoX)
Staff recommends that this item be pulled for further refinements and resolution of some last minute
issues. Due to the urgency of this item (a need to sell bonds by the end of the year), staff may need
to request Council to consider holding a special meeting. We will have more information in a few
days after meeting with the Bond Counsel, underwriters, staff, and the applicant. We will advise
Council accordingly.
H,\HOME\ENGINEER\AGENDA \97-28$ _8. weD
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