HomeMy WebLinkAboutAgenda Packet 2004/05/18
CITY COUNCIL AGENDA
May 18, 2004 6:00 p.m.
Council Chambers
Public Services Building
276 Fourth Avenue, Chula Vista
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CllY OF
CHULA VISTA
City Council City Manager
Patty Davis David D. Rowlands, Jr.
John McCann City Attorney
Jerry R. Rindone Ann Moore
Mary Salas City Clerk
Stephen C. Padilla, Mayor Susan Bigelow
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The City Council meets regularly on the first calendar Tuesday at 4:00 p.m.
and on the second, third and fourth calendar Tuesdays at 6:00 p.m.
Regular meetings may be viewed at 7:00 p.m. on Wednesdays on
Cox Cable Channel 24 or Chula Vista Cable Channel 68.
Agendas are available on the City's website at:
www.chulavistaca.gov
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--_~__~_n - -- -~---------------- ------- - ----------------
May 18, 2004
I declare under penalty of perjury that I am
employed by the City of Chula Vista in the
OHice of the City Clerk and that I posted this
document on the bulletin board according to
Brown A~;ment&. (). ~
AGENDA ~ ð ~
Dated Signed 6.88 P.M.
CALL TO ORDER
ROLL CALL: Councilmembers Davis, McCami., Rindone, Salas, and Mayor Padilla
PLEDGE OF ALLEGIANCE TO THE FLAG, MOMENT OF SILENCE
SPECIAL ORDERS OF THE DAY
. PRESENTATION BY MAYOR PADILLA OF A PROCLAMATION TO VANESSA
PRESTON, ON BEHALF OF GERRIE PRESTON, DECLARING MAY AS ALS
AWARENESS MONTH
CONSENT CALENDAR
(Items 1 through 12)
The Council will enact the Consent Calendar staff recommendations by one
motion, without discussion, unless a Councilmember, a member of the public, or
City staff requests that an item be removed for discussion. If you wish to speak on
one of these items, please fill out a "Request to Speak" form (available in the
lobby) and submit it to the City Clerk prior to the meeting. Items pulled from the
Consent Calendar will be discussed after Action Items.
1. APPROVAL OF MINUTES of April 20 and April 27 , 2004.
Staff recommendation: Council approve the minutes.
2. WRITTEN CORRESPONDENCE
A. Request from Councilmember Davis for an excused absence from the May 11,
2004 City Council Meeting.
Staff recommendation: Council excuse the absence.
B. Request from Councilmember McCann for an excused absence from the May 11,
2004 City Council Meeting.
Staff recommendation: Council excuse the absence.
3. ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
APPROVING AMENDMENTS TO THE EASTLAKE III PLANNED COMMUNITY
DISTRICT REGULATIONS AND LAND USE DISTRICTS MAP, TO CHANGE 19.48
ACRES SOUTH OF OLD JANAL ROAD AND WEST OF LAKE CREST DRIVE
FROM RS-2 TO RS-IA WITHIN THE VISTAS RESIDENTIAL 6 NEIGHBORHOOD
(SECOND READING)
The applicant, Cornerstone, GDCI Chula Vista, LP, has submitted an application to
amend the EastLake III Planned Community District Regulations and Land Use District
Map to change the land use designation within a portion of the Vistas Residential 6
neighborhood from RS-2, Residential Single Family (5,000 square foot lots) to RS-IA
Residential Single Family (5,000-6,000 square foot lots). This ordinance was introduced
May 4, 2004. (Director of Planning and Building)
Staff recommendation: Council adopt the ordinance.
4. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
DIRECTING REVIEW OF THE CITY OF CHULA VISTA CONFLICT OF INTEREST
CODE
The proposed resolution directs the City Attorney and City Clerk (1) to review the City's
Conflict of Interest Code on behalf of all staff and designated commissions and boards to
detennine whether or not amendments are needed and (2) to submit a notice to the
Council prior to October 1, 2004, indicating either that amendments are required or that
no amendments are necessary. (City Clerk, City Attorney)
Staff recommendation: Council adopt the resolution.
5. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
ACCEPTING $100,000 FROM THE OFFICE OF EMERGENCY SERVICES,
AMENDING THE FISCAL YEAR 2003/2004 BUDGET TO APPROPRIATE $100,000,
WAIVING THE CONSULTANT SELECTION PROCESS AND APPROVING
CONTRACTUAL AGREEMENT WITH SOUTH BAY COMMUNITY SERVICES TO
PROVIDE SERVICES FOR DOMESTIC VIOLENCE CASES (4/5THS VOTE
REQUIRED)
The Chula Vista Police Department and South Bay Community Services have been
providing the Domestic Violence Response Team services for the past seven years. The
proposed contract fonnally continues provision of those services, which include
comprehensive assessments of children and families, immediate crisis intervention and
follow-up services for the victim and children. (Chief of Police)
Staff recommendation: Council adopt the resolution.
6. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
APPROVING THE AFFORDABLE HOUSING AGREEMENT RELATED TO
ROLLING HILLS RANCH, BETWEEN THE CITY AND MCMILLIN ROLLING
HILLS RANCH, LLC, AND AUTHORIZING THE MAYOR TO EXECUTE THE
AGREEMENT
McMillin Rolling Hills Ranch LLC has a two-unit obligation to provide affordable
housing based upon the proposed development units within Neighborhood 7C. Approval
of the agreement requires the developer to construct the units or utilize alternative
development methods. (Director of Community Development)
Staff recommendation: Council adopt the resolution.
Page 2 - Council Agenda May 18,2004
7A. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
APPROVING THE FINAL MAP OF CHULA VISTA TRACT NO. 03-13, ROLLING
HILLS RANCH NEIGHBORHOOD 7C; APPROVING THE ASSOCIATED
SUBDNISION IMPROVEMENT AGREEMENT FOR THE COMPLETION OF
IMPROVEMENTS; AND APPROVING A SUPPLEMENTAL SUBDIVISION
IMPROVEMENT AGREEMENT FOR ROLLING HILLS RANCH NEIGHBORHOOD
7C
B. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
APPROVING THE GRANT OF EASEMENTS AND MAINTENANCE AGREEMENT
FOR ROLLING HILLS RANCH NEIGHBORHOOD 7C
C. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
ORDERING THE SUMMARY VACATION OF THE IRREVOCABLE OFFER OF
DEDICATION OF LOT "A" FOR OPEN SPACE AND OTHER PUBLIC PURPOSES
PER MAP NO. 14164
On August 26, 2003, the Council approved a tentative subdivision map for Rolling Hills
Ranch Neighborhood 7C. Adoption of the resolution approves the fmal "Boo map, its
associated subdivision and supplemental subdivision improvement agreements, and a
grant of easements and maintenance agreement. (Director of General Services, City
Engineer)
Staff recommendation: Council adopt the resolutions.
8A. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
APPROVING THE FINAL MAP OF CHULA VISTA TRACT NO. 01-11, OTAY
RANCH VILLAGE 11, NEIGHBORHOOD R-3; APPROVING THE ASSOCIATED
SUBDIVISION IMPROVEMENT AGREEMENT FOR THE COMPLETION OF
IMPROVEMENTS; AND APPROVING A SUPPLEMENTAL SUBDIVISION
IMPROVEMENT AGREEMENT FOR CHULA VISTA TRACT NO. 01-11, OTAY
RANCH VILLAGE 11, NEIGHBORHOOD R-3
B. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
APPROVING THE GRANT OF EASEMENTS AND MAINTENANCE AGREEMENT
FOR CHULA VISTA TRACT 01-11, OTAY RANCH VILLAGE 11,
NEIGHBORHOOD R-3
On October 23, 2001, the Council approved a tentative subdivision map for Otay Ranch
Village 11. Adoption of the resolutions approves the final "Boo map, its associated
subdivision and supplemental subdivision improvement agreements, and a grant of
easements and maintenance agreement. (Director of General Services, City Engineer)
Staff recommendation: Council adopt the resolutions.
Page 3 - Council Agenda May 18,2004
9A. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
APPROVING THE FINAL MAP OF CHULA VISTA TRACT NO. 01-11, OTAY
RANCH VILLAGE 11, NEIGHBORHOOD R-10; APPROVING THE ASSOCIATED
SUBDIVISION IMPROVEMENT AGREEMENT FOR THE COMPLETION OF
IMPROVEMENTS; AND APPROVING A SUPPLEMENTAL SUBDIVISION
IMPROVEMENT AGREEMENT FOR CHULA VISTA TRACT NO. 01-11, OTAY
RANCH VILLAGE 11, NEIGHBORHOOD R-IO
B. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
APPROVING THE GRANT OF EASEMENTS AND MAINTENANCE AGREEMENT
FOR CHULA VISTA TRACT NO. 01-11, OTAY RANCH VILLAGE 11,
NEIGHBORHOOD R-10
On October 23, 2001, the Council approved a tentative subdivision map for Otay Ranch
Village 11. Adoption of the resolutions approves the final "Boo map, its associated
subdivision and supplemental subdivision improvement agreements, and a grant of
easements and maintenance agreement that will allow the project to proceed. (Director of
General Services, City Engineer)
Staff recommendation: Council adopt the resolutions.
10. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
DECLARING THE CITY-OWNED LAND ON THE NORTHWEST CORNER OF
PALOMAR STREET AND TRENTON AVENUE (pORTION OF APN 617-071-09) AS
"EXEMPT SURPLUS LAND," ACCEPTING THE OFFER TO PURCHASE,
AUTHORIZING THE OPENING OF ESCROW AND EXECUTION OF ALL
NECESSARY DOCUMENTS TO COMPLETE THE TRANSACTION
As a part of the Palomar Street Improvement Project, the City acquired the property
located at the northwest corner of Palomar Street and Trenton Avenue. In September
2003, the Council designated and set aside 3,849 square feet of the parcel as right-of-way
for the project. Adoption of the resolution approves the sale of the remaining 4,824
square feet of surplus land, which is not needed by the City. (Director of General
Services, City Engineer)
Staff recommendation: Council adopt the resolution.
11. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
APPROPRIATING TRAFFIC SIGNAL FUNDS TO THE CENTRAL CONTROL AND
TRAFFIC COMMUNICATION LINKS PROJECT (TF-290) (4/5THS VOTE
REQUIRED)
This project involves the installation of fiber optic interconnect lines under H Street from
Fourth Avenue to Hidden Vista Drive and interconnect lines to numerous traffic signals
along H Street. Adoption of the resolution appropriates $150,000 in additional traffic
signal funds to cover unanticipated staff time demands for design and inspection
activities. (Director of General Services, City Engineer)
Staff recommendation: Council adopt the resolution.
Page 4 - Council Agenda May 18,2004
12. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
APPROVING THE APPROPRIATION OF PARK ACQUISITION DEVELOPMENT
(pAD) IMPACT FEE FUNDS IN THE AMOUNT OF $40,000 FOR THE DESIGN
AND CONSTRUCTION OF A MODULAR SKATE FACILITY WITHIN HERITAGE
PARK, AN EXISTING PUBLIC NEIGHBORHOOD PARK SITE WITHIN VILLAGE
ONE OF THE OTAY RANCH MASTER-PLANNED DEVELOPMENT, AND
AUTHORIZING STAFF TO EXPEND THESE FUNDS FOR THE HERITAGE PARK
SKATE FACILITY CAPITAL IMPROVEMENT PROJECT (PR-259) (4/5THS VOTE
REQUIRED)
The proposed concept provides an approved area for skateboarders, in-line skaters, roller
skaters and scooter riders to practice at a novice skill level at Heritage Park. It is
anticipated that by having this area available, there will be a significant decline in
skateboard-related damage to the park furniture at Heritage Park. (Director of General
Services)
Staff recommendation: Council adopt the resolution.
ORAL COMMUNICATIONS
Persons speaking during Oral Communications may address the Council on any
subject matter within the Council's jurisdiction that is not listed as an item on the
agenda. State law generally prohibits the Council from taking action on any issue
not included on the agenda, but, if appropriate, the Council may schedule the
topic for future discussion or refer the matter to staff. Comments are limited to
three minutes.
PUBLIC HEARINGS
The following items have been advertised as public hearings as required by law.
If you wish to speak on any item, please fill out a "Request to Speak" form
(available in the lobby) and submit it to the City Clerk prior to the meeting.
13. CONSIDERATION OF APPROVAL OF AN AMENDMENT TO SECTION 19.48.020
OF THE CHULA VISTA MUNICIPAL CODE, ELIMINATING THE REQUIREMENT
FOR UNIFIED CONTROL OF PROPERTY WITHIN THE P-C ZONE (Continued from
May 11, 2004)
Adoption of the ordinance approves the deletion of a provision from the Municipal Code
that currently requires consent of property owners for amendments of sectional planning
area plans within the P-C Zone. (Director of Planning and Building)
Staff recommendation: Council conduct the public hearing, place the following
ordinance on first reading, and adopt the following urgency ordinance:
A. ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
AMENDING SECTION 19.48.020 OF THE CHULA VISTA MUNICIPAL
CODE, DELETING PARAGRAPH 'B' TO ELIMINATE THE REQUIREMENT
FOR UNIFIED CONTROL OF PROPERTY WITHIN THE P-C ZONE
Page 5 - Council Agenda May 18,2004
B. URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA AMENDING SECTION 19.48.020 OF THE CHULA VISTA
MUNICIPAL CODE, DELETING PARAGRAPH 'B' TO ELIMINATE THE
REQUIREMENT FOR UNIFIED CONTROL OF PROPERTY WITHIN THE P-
C ZONE
14. CONSIDERATION OF APPROVAL OF AN AMENDMENT TO THE OTAY RANCH
GENERAL DEVELOPMENT PLAN TO ALLOW FOR THE SUBMITTAL OF
SECTIONAL PLANNING AREA PLANS ON PROPERTIES COMPRISING LESS
THAN THE WHOLE OF A VILLAGE (Continued from May 11,2004)
Adoption of the resolution approves an amendment to existing provisions within the Otay
Ranch General Development Plan to allow the submittal of an application for a sectional
planning area plan if the applicant does not control the entirety of a village. (Director of
Planrring and Building)
Staff recommendation: Council conduct the public hearing, and adopt the following
resolution:
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
AMENDING PART II, SECTION E.1 OF THE OTAY RANCH GENERAL
DEVELOPMENT PLAN TO ALLOW FOR THE SUBMITTAL OF
SECTIONAL PLANNING AREA PLANS ON PROPERTIES COMPRISING
LESS THAN THE WHOLE OF A VILLAGE
15. CONSIDERATION OF ADOPTION OF A SPECIFIC PLAN (PCM-02-10) FOR THE
AUTO PARK EAST EXPANSION
Adoption of the resolution and ordinance approves the Auto Park East Specific Plan,
implementing the easterly expansion of the existing Chula Vista Auto Park on Main
Street. The specific plan allows for the future development of auto dealerships and
supporting uses on approximately 31 acres on the south side of Main Street, east of the
existing auto park. (Director of Community Development)
Staff recommendation: Council conduct the public hearing, adopt the following
resolution, and place the following ordinance on first reading:
A. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
ADOPTING A MITIGATED NEGATIVE DECLARATION AND
MITIGATION MONITORING AND REPORTING PROGRAM (IS-02-01O)
FOR THE AUTO PARK EAST SPECIFIC PLAN (pCM-02-IO) (FRED BORST,
BORST FAMILY TRUST, AND FASK LAND)
B. ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
ADOPTING A SPECIFIC PLAN (pCM-02-1O) FOR THE AUTO PARK EAST
EXPANSION (FRED BORST, BORST FAMILY TRUST, AND FASK LAND)
ITEMS PULLED FROM THE CONSENT CALENDAR
Page 6 - Council Agenda May 18, 2004
OTHER BUSINESS
16. CITY MANAGER'S REPORTS
17. MAYOR'S REPORTS
18. COUNCIL COMMENTS
. Deputy Mayor Salas: Consideration of the Council to take a position to oppose
the Federal CLEAR Act.
ADJOURNMENT to an Adjourned Regular Meeting on May 19, 2004 at 6:00 p.m., in the
Council Chambers, and thence to an Adjourned Regular Meeting with the
Board of Port Commissioners on May 25, 2004 at 4:00 p.m. in the Council
Chambers, and thence to the Regular Meeting of May 25, 2004 at 6:00
p.m. in the Council Chambers.
Page 7 - Council Agenda May 18,2004
May 10, 2004
MEMO TO: The Honorable Mayor & City Council
FROM: NatalieFlore~
SUBJECT: REQUEST FOR EXCUSED ABSENCE
Councilmember Patty Davis will be out of town and has directed that
I prepare a memo requesting an excused absence from the Council
Meeting on May 11, 2004.
Cc: City Manager
City Attorney
City Oerk
;)11
May 10, 2004
MEMO TO: The Honomb¡ & City Council
FROM: Natalie Flores
:
SUBJECT: REQUEST FOR XCUSED ABSENCE
Councilmember John McCann will be out of town and has directed
that I prepare a memo requesting an excused absence from the
Council Meeting on May 11, 2004.
Cc: City Manager
City Attorney
City Clerk
;;.8
CITY COUNCIL AGENDA STATEMENT
Item: -8" ¿;
Meeting Date: 05/04/04
ITEM TITLE: PUBLIC HEARING: PCM 04-12; consideration~~dment to the
EastLake III Plarmed Community Land Use ~ egulations and Map
to change 19.48 acres from RS2 to ~~ thin a portion of the VR6
Neighborhood. ~
C~-o
ORDINANCE: Appr~g amendments to the EastLake III Planned
Community District Regulations and Land Use Districts Map, to change
19.48 acres south of Old Janal Road and west of Crest Lake Drive from
RS2 to RS1-A within the Vistas VR6 neighborhood.
SUBMITTED BY: Director ofPlanning and BUilding~
REVIEWED BY: City ManagerC¡£. ï' (4/5 Vote: Yes_No..xl
jf~
The applicant, Cornerstone GDCI Chula Vista, LP, has submitted an application to amend the
EastLake III Plarmed Community District Regulations and Land Use District Map to change the
land use designation within a portion of the VR6 neighborhood from RS2, Residential Single
Family (5,000 sq. ft. lots) to RS1-A Residential Single Family (5,000-6,000 sq. ft. lots). The
19.48-acres area is located south of Old Janal Road and west of Lake Crest Drive (Attachment
1).
The Environmental Review Coordinator has reviewed the proposed project for compliance with
the California Environmental Quality Act and has determined that the proposed project was
adequately covered in previously adopted Eastlake III Woods and Vistas Replanning
ProgramlFinal Subsequent Environmental Impact Report, EIR 01-01. Thus, no further
environmental review or documentation is necessary.
RECOMMENDATION:
Adopt PCM 04-12, approving the proposed amendments to the EastLake III Planned Community
District Regulations based on the findings contained in the attached City Council Ordinance.
BOARDS AND COMMISSION RECOMMENDATION:
On April 14, 2004, the Planning Commission considered the proposed project and, after hearing
staffs' and applicant's presentations, approved the project by a 5-0-2 vote, subject to conditions.
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Page 2, Item: -3 .
Meeting Date: 5/4/04
DISCUSSION:
1. Existing Site Characteristics
",
The project involves t~.48 acres within the EastLake III Vistas (VR-6) Planning Area located
south of Old Janal Road and;wì:st of Lake Crest Drive (see Locator). VR-6 Planning Area was
graded in accordance with the EaŠtL8l}e Vistas Grading Plan. The streets are paved with
sidewalk and gutter, and all utilities in'stáiì¡¡d, :me adjacent neighborhoods are all designated for
single family homes and are at various stages of ê~nstruction.
2. Zoning and Land Use
Site Orientation General PC District Existing Land Use
Development
Plan
Site Low Residential RS2 Vacant
North Low Residential RS2 Vacant
South Low Residential RP2, RE3 Vacant
East Low Residential RE2, RE3 Vacant
West Low Residential RP1 Vacant
3. Proposal
The applicant, Cornerstone GDCI Chula Vista, LP, has submitted an application to amend the
EastLake III Planned Community Regulations (Table G and Table E) and Land Use District Map
(see Exhibit A and B of the attached Ordinance) to change the land use designation of a portion
of the VR-6 Planning Area from RS2 to RSl-A.
4. Analysis:
In order to provide a residential product not available in the EastLake III Vistas neighborhood,
the applicant is proposing to create a new land use designation that is between the existing RS 1
and RS2, in tenDS of property development regulations. The proposed land use designation for
the subject area is RSl-A. The following table provides a comparison between these three land
use designations with the new RS I-A development regulations shown in an underline.
-3
,J2-<L
Page 3, Item: ~ -3
Meeting Date: 5/4/04
Table E
PROPERTY DEVELOPMENT STANDARDS - RS RESIDENTIAL DISTRICTS
ZONING DISTRICT
DEVELOPMENT STANDARD RSI I RS2 I RSIA
Lot Criteria:
Minimum lot area (square feet) 6,000 5,000 5,000-
6,000
Maximum lot coverage (%) 50 50 50
Minimum lot depth (feet) 100 100 100
Minimum lot width (feet):
-measured at property line' 60 50 50
-flag lot street frontage 20 20 20
-knuckle or cul-de-sac street frontage' 25 25 25
Yards and Setbacks:*
Minimum front yard setback:
-to direct entry garage 20 20 20
-to side entry garage 15 15 12
-to main residence 15 15 15
Minimum rear yard setback (feet) .'
-to adjacent residential lot 5/10 5/10 5/10
-distance between detached units 10 10 10
-to adjacent residential street (comer lot) 10 10 10
Minimum rear yard setback (feet) .' 20 15 17
Building height (stories/feet):
-main building 2/28 2/28 2/28
-accessory building 1/15 1/15 1/15
Parking:
-minimum on-site spaces (minimum in garage) 2(2) 2(2) m2
-minimum on-street spaces 1 I 1
-maximum driveway width at curb (feet) 24 24 24
Side and rear yard setbacks for accessory buildings (Refer to Section 11.3 J-5).
2 The side yard setback for any entry drive trellis or portico may be reduced by 50%.
Subject to variance approval.
, For cul-de-sacs and knuckles the lot which shall be measured at the front setback line.
Additional Notes:
*Refer to Section II.3.3.4C for allowable building area for each Land Use District.
*Refer to Section IIJ.3.4F for special setback for Scenic Highways.
The original EastLake III Vistas subdivision, which approved 130 single-family lots within this
VR6 Planning Area, created a variety oflot sizes within the subject property, ranging from 5,120
sq. ft to 10,468 sq. ft. About 35% of the lots are 5,000 to 6,000 sq. ft. and about 65% of the lots
-3
.r:3
Page 4, Item: .?"" 3
Meeting Date: 5/4/04
are 6,000 to 10,000 square feet. None of the lots are less than 5,000 sq. ft. The average lot area is
approximately 6,700 sq. ft.
To create enough flexibility and accommodate a residential product not available in EastLake
Vistas neighborhood, the proposed RS1-A land use designation, as depicted on the table above,
would allow lot sizes ranging from 5,000 sq. ft. to 6,000 sq. ft. with an average lot size of 6,700
sq. ft. The land use designation development regulations are about the same, with the exception
of the rear setback proposed at IT, which is in between the RS-1 and RS-2 designations, with
20' and 15' rear setback, respectively. The lot width will remain 50 ft., same as in the RS2.
Changing the land use designation to larger lot configuration could allow the developer the
opportunity to introduce a higher quality design and offer a wider range of residential products in
the Vistas Neighborhood. The proposed land use designation change does not change the
number of units pennitted within the Vistas neighborhood nor the overall pennitted density of
the SPA. The development remains Low Medium density as designated in the EastLake III
General Development Plan and EastLake III SPA.
The following table shows the maximum building area difference between the proposed RS1-A
and the existing RS2 land use district.
Table G
SINGLE-F AMIL Y RESIDENTIAL ALLOWABLE BUILDING AREA
ZONING MAXIMUM (FAR) MAXIMUM BUILDING
DISTRICT AREA
RL1 .45 FAR only
RL2 .50 8,000 SF
RL3 & RL4 .50 6,400 SF
REI .50 5,600 SF not to exceed .60
RE2 & RE3 .50 4,500 SF not to exceed .70
RSI & RSI-A .50 3,900 SF not to exceed .70
RS2 .50 3,600 SF not to exceed .70
RP1 .55 2,900 SF not to exceed .70
RP2 .55 2,550 SF not to exceed .70
The change will allow for the construction of higher quality homes ranging from 3,549 SF to
3,812 SF.
The project will be required to obtain Design Review approval, which will ensure a higher
quality product not previously available within the EastLake Vistas neighborhood.
3
.,ý ~4
Page 5, Item: ~
Meeting Date: 5/4/04
5. Conclusion:
For the reasons mentioned above, staff recommends approval of the proposed Planned
Community District amendments subject to the conditions contained in the attached Ordinance.
FISCAL IMPACT:
The applicant has paid for all costs associated with the processing of the proposed amendments
and will be responsible for paying corresponding Development Impact fees and other applicable
development fees, as they may be amended from time to time.
Attachments
1. Locator Map
2. Planning Commission Resolution
3. Disclosure Statement
J:IPlanninglStanDlEastlakelPCM 04-12 VR-6 Rezone PC AmendementlCC Agenda May 4, 04.doc
3
P~S"
(
FUTURE
TOURIST
COMMERCIAL
SITE
CHULA VISTA PLANNING AND BUILDING DEPARTMENT
LOCATOR PROJECT PROJECT DESCRIPTION:
C) APPUCANT'. VALENCIAAT EASTLAKE VISTAS MISCELLANEOUS
PROJECT Request: Proposing to amend Eastlake III PC land
ADORESS: VR-6, Eastlake Vistas use districts map to allow for a change in land use
SCALE: I FILE NUMBER: from RS2 to RS1-A within a portion ofVR-6
NORTH No Scale PCM-04-12 Dlannina area.
j:lcherylcllocatorsllocators04Ipcm0412.cdr 03.18.04 i-fo
.
RESOLUTION NO. PCM-04-12
A RESOLUTION OF THE CITY OF CHULA VISTA PLANNING COMMISSION
RECOMMENDING THAT THE CITY COUNCIL APPROVE AMENDMENTS
TO THE EASTLAKE III PLANNED COMMUNITY DISTRICT REGULATIONS
AND LAND USE DISTRICTS MAP, TO CHANGE 19.48 ACRES SOUTH OF
OLD JAMAL RANCH ROAD AND WEST OF CREST LAKE DRIVE FROM RS2
TO RS1-A WITHIN THE VISTAS VR6 RESIDENTIAL NEIGHBORHOOD-
CORNERSTONE COMMUNITIEs.
WHEREAS, a duly verified application for a SPA amendment was filed with the Planning
and Building Department on February 24, 2004, by Cornerstone Communities ("Developer"); and,
WHEREAS, said application requests approval of amendments to the EastLake III Planned
Community District Regulations and Land Use Districts Map to create a new Land Use Designation
RS1-A, and change the land use designation within a portion of the VR6 neighborhood from RS2
Residential Single Family (5,000 sq. ft. lots) to RS1-A Residential Single Family (5,000-6,000 sq. ft.
lots). CProject); and,
WHEREAS, the 19.48-acre project site is located south of Old Jamal Ranch Road and west
of Lake Crest Drive within Planning Area VR6 of EastLake III Vistas Neighborhood ("Project
Site"); and,
WHEREAS, the Environmental Review Coordinator has reviewed the proposed project for
compliance with the California Environmental Quality Act and has detennined that the proposed
project was adequately covered in previously adopted Eastlake III Woods and Vistas Replanning
ProgramlFinal Subsequent Environmental Impact Report, EIR 01-01. Therefore, no further
environmental review is required, and no further action is necessary; and,
WHEREAS, the Planning Director set the time and place for a hearing on the Project, and
notice of said hearing, together with its purpose, was given by its publication in a newspaper of
general circulation in the City and it mailing to property owners within 500 feet of the exterior
boundaries of the property, at least 10 days prior to the hearing; and,
WHEREAS, the hearing was held at the time and place as advertised, namely 6:00 p.m.,
April 14, 2004, in the Council Chambers, 276 Fourth Avenue, before the Planning Commission and
said hearing was thereafter closed.
NOW, THEREFORE, BE IT RESOLVED THAT THE PLANNING COMMISSION hereby
recommends that the City Council adopt the attached draft City Council Ordinance approving the PC
Land Use District Map and Regulations amendments in accordance with the findings and subject to
the conditions contained therein.
..3 4TTAC-HMIZA....'í 2-
--:P-7
BE IT FURTHER RESOLVED THAT a copy of this ordinance be transmitted to the City
Council.
PASSED AND APPROVED BY THE PLANNING COMMISSION OF THE CITY OF CHULA
VISTA, CALIFORNIA, this 14'h day of April, 2004, by the following vote, to-wit:
AYES: Madrid, Hall, Cortes, Horn, Felber
NOES:
ABSENT: 0' Nei 11, Castaneda
ABSTAIN:
ATTEST:
~~~ 1tiJ~~
Diana Vargas, secret:J Marco Cortes, Vice Chair
J:IPlanningISœnDlE"tlakeIPCM 04-12 VR-6 Rezone PC AmendementlPCM 04-12 PC Reso Apr. 14, 04.doc
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em OF Planning Division I Development Processing
CHUIA. VISTA
APPLICATION APPENDIX B
Disclosure Statement
Pursuant to Council Policy 101-01, prior to any action upon matters that will require discretionary action by the Council,
.Planning Commission and all other officiai bodies of the City, a statement of disclosure of certain ownership cr financial
" -interests, payments, cr campaign contributions for a City of Chula Vista eiectlon must be filed. The following information
must be disclosed:
1. List the names of all persons having a financial interest in the property that is the subject cf the application cr the
contract, e.g., owner, applicant, contractor, subcontractor, material supplier.
Cornerstone "GDCI Chula Vista, L.P.
On
2. If any person' identified pursuant to (1) above is a corporation.or partnership, list the names of all individuals with
a $2000 investment in the business (corporation/partnership) entity.
Ure Kretowicz
11~cl:lael ~abour:Ln
3. If any person' identified pursuant to (1) above Is a non-profit organization or trust, list the names of any persor,
serving as director of the110n-profi! organization or as trustee or beneficiary or trustor of the trust
Scott Rollins
4. Please identify every person, including any agents, employees, consultants, or independent contractors you have
assigned to represent you before the City in this matter.
5. Has' any person' associated with this contract had any financial dealings with an official" of the City of Chula
Vista as it relates to this contract within the past 12 months. Yes- No~
-
if Yes, briefly describe the nature of the financial interest the officia'" may have in this contract
6. Have you made a contribution of more than $250 within the past twelve (12) months to a current member cf the
Chula Vista City Council? No.x. Yes _If yes, which Council member?
276 Fourth .'venue I Chula Vista I Caliiornia I 91910 I (6191691-5101
2-1~9 ATTACHMHiT 3
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"- p I ann i n g & Building Department
em OF Planning Division I Development Processing
CHUIA V1STA
APPLICATION APPENDIX B
Disclosure Statement - Page 2
7. Have you provided mare than $340 (or an item 01 equivalent value) to an official" 01 the City of Chuia Vista in the
past ~Nelve (12) months? (This includes being a source of income, money to retire a legal debt, gift, lean, etc.)
Yes - No L-
If Yes, which official" and what was the nature 01 item provlced?
Date: 2/23/04 M
.. Signature of Contractor/A. Ilcant
Michael J. Sabourin Frir,t or
type name of Contractor/Applicant
. Person is defined as: any indivicual, firm, co-partnership, jclnt venture, associaijon, scdal club, fraternal
organization, car¡.,aratian, estate, trust, receiver, syndicate, any other county, city, municipality, district, or ctr,er
political subdivision, -or any other group or combination acting as a unit.
.. Offidal includes, but is not limited to: ~layar, Council member, Planning Commissioner, Member of a bcard,
commission, or committee- of the City, employee, or staff members.
!ï6 fourth Avenue I Chulo Vi"o I C"lifarn;o I 91°10 I (519) 691.5101
~ -
2-13~/n
ORDINANCE NO.
ORDINANCE OF THE CITY COUNCIL ~~ OF
CHULA VISTA APPROVING ~ TO THE
EASTLAKE ill PLANNED TY DISTRICT
REGULATIONS AND ~a~ DISTRICTS MAP, TO
CHANGE 19.48 ACRES ~ OF OLD JANAL ROAD AND
WEST OF LAKE CRE T DRIVE FROM RS2 TO RSI-A
WITHIN THE VISTAS VR6 RESIDENTIAL NEIGHBORHOOD
1. RECITALS
A. Project Site
WHEREAS, the area of land which is subject matter of this Ordinance is
diagrammatically represented in Exhibit "A" attached hereto and incorporated herein by this
reference, and commonly known as EastLake III Planned Community District Regulations and
Land Use Districts Map, and for the purpose of general description herein consists of
approximately 19.48 acres located south of Old Janal Way and west of Crest Lake Drive
("Project Site"); and
B. Project; Application for Discretionary Approval
WHEREAS, on February 24, 2004, a duly verified application was filed with the City of
Chula Vista Planning Department by The Cornerstone Communities, requesting approval of
amendments to the EastLake ill Planned Community Districts Regulations and Land Use
Districts Map to create a new land use designation RS1-A, and change 19.48 acres from RS2 to
RS1-A (Project); and
C. Prior Discretionary Approvals
WHEREAS, the development of the Project Site has been the subject matter of various
entitlements, including: 1) a General Plan Amendment, General Development Plan and Sectional
Planning Area Plan and associated Design Guidelines, Public Facilities Financing Plan and
Comprehensive Affordable Housing Plan previously approved by City Council Resolution No.
2002-220 on July 17, 2001; and 2) Planned Community District Regulations approved by
Ordinance No. 2839 on July 24,2001; and
D. Environmental Detennination
WHEREAS the Environmental Review Coordinator has reviewed the proposed project
for compliance with the California Environmental Quality Act and has detennined that the
proposed project was previously covered under the EastLake III Final Subsequent Environmental
Impact Report (FSEIR#01-01), thus no further environmental review is necessary; and
J
..¡.~ 1/
Ordinance
Page 2
E. Planning Commission Record on Applications
WHEREAS, the Planning Commission held an advertised public hearing on the Project
on April 14, 2004, and after staff presentation and public testimony, voted 5-0 to recommend that
the City Council approve the Project, in accordance with the fmdings listed below; and
F. City Council Record of Applications
WHEREAS, a duly called and noticed public hearing on the Project was held before the
City Council of the City of Chula Vista on May 4, 2004, on the Project and to receive the
recommendations of the Planning Commission, and to hear public testimony with regard to
same; and
WHEREAS, the City Clerk set the time and place for a hearing on said Planned
Community District Regulations amendment application and notice of said hearing, together
with its purpose, was given by its publication in a newspaper of general circulation in the City,
and its mailing to property owners within 500 feet of the exterior boundary of the project at least
ten-days prior to the hearing; and
WHEREAS, the hearing was held at the time and place as advertised, namely 4:00 p.m.
May 4, 2004, in the Council Chambers, 276 Fourth Avenue, before the City Council and said
hearing was thereafter closed; and
NOW, THEREFORE, the City Council of the City of Chula Vista does hereby find,
detennine and ordain as follows:
II. PLANNING COMMISSION RECORD
The proceedings and all evidence introduced before the Planning Commission at their
public hearing on this Project held on April 14, 2004, and the minutes and resolution resulting
therefrom, are hereby incorporated into the record of this proceedings.
III. CERTIFICATION OF COMPLIANCE WITH CEQA
The Environmental Review Coordinator has reviewed the proposed project for
compliance with the California Environmental Quality Act and has detennined that the proposed
project was previously covered under the EastLake III Final Subsequent Environmental Impact
Report (FSEIR#01-01), thus no further environmental review is necessary; and,
N. FINDINGS FOR PLANNED COMMUNITY LAND USE DISTRICTS MAP
AMENDMENT
.3
,.p- -/ ,L.;
Ordinance 2857
Page 3
The City Council hereby finds that the proposed amendments to the EastLake III Planned
Community Districts Map is consistent with the City of Chula Vista General Plan, and will
provide the necessary design flexibility to produce optimal site plan solution for each lot based
on lot size and shape, location, etc., and more attractive street scene; and that public necessity,
convenience, the general welfare and good zoning practice support the amendment.
N. APPROVAL
Based on the above, the City Council hereby approves the proposed amendments to the
EastLake III Planned Community District Regulations and Land Use District Map as depicted in
Exhibit "A" and Exhibit "Boo attached hereto.
V. CONDITION OF APPROVAL
Prior to the issuance of building pennits, the applicant shall update the EastLake III SPA
Plan and associated documents and maps and submit 24 copies to the satisfaction of the Director
of Planning and Building.
VI. 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 tenDS, provisions or conditions are determined by a Court of
competent jurisdiction to be invalid, illegal or unenforceable, this Ordinance shall be deemed to
be automatically revoked and of no further force and effect ab initio.
VII. EFFECTNE 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 fonD by
~J1¡ C)- ,m ¿ ~
Jim Sandoval Ann 00
Director of Planning and Building City Attorney
..3
-R-/3
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I Symbol I Definition
SFD min. lot size 20,000 sf
RL1
RL2 SFD min. lot size 13,500 sf
RL3& RL4 SFD min. lot size 10,000 sf
REi SFD min. Jot size 8,000 sf
RE2 & RE3 SFD min. lot size 7,000 sf
RS1 SFD min. lot size 6,000 sf
RS1.A SFD min. lot size 5,000 - 6000 sf
RS2 SFD min. Jot size 5,000 sf
RP1 SFD min. lot size 4,200 sf
RP2 SFD min. lot size 3,150 sf
RC SFlMulti-Fam. from 8-15 dulac
RM Multi-Family >15 du/ac
VC Village Commercial
TC Tourist Commercial
pa, Public and Quasi-Public Uses
OSIP Open SpaœlPark & Ree.
05 Open Space - Passive
CPF Community Purpose Facilities
05-1 Open Space (Potential School PaJ1cing)
NolIS:
1. Refer to !he Planned Ccmmunily Cistrià Regulations text fer
êoo1plete deflniIions and requirements.
2. BoIIndaries of Land Use Cis1ric19 are subjoc! to minor ~djustJ:n".nt œ Area proposed to be amended
in the subdivision prcc:ass wiIIIout lenoll amendment 10 thIS exhib,L
~ EASTLAKE III EXHIBIT A
A olanned cDmmunitv bv Thll EastLaka ComDanv -.3
~/4
Tobie E
PROPERTY DEVELOPME"T STA"OAROS - RS RESlDE"TIAL DISTRICTS
ZONING DISTRICT
DEVELOPMENT STANDARD RS1 I RS2 1 RS1-A
Lot Criteria:
Minimum lot area (sauare feet) 6.000 5,000 5.000-6.000
Maximum lot coveraoe % 50 50 50
Minimum lot death feen 100 100 100
Minimum lot width (feet):
-measured at property line' 60 50 §Q
-flag lot street frontage 20 20 gQ
-knuckle or cul-de-sac street frontaoe' 25 25 25
Yards and Setbacks:'
Minimum front yard setback:
-to direct entry garage 20 20 gQ
-to side entry garage 15 15 .1§.
-to main residence 15 15 15
Minimum rear yard setback (feJ!t) r.'
-to adjacent residential lot 5/10 5/10 5/10
-distance between detached units 10 10 1Q
-to adiacent residential street (comer lot) 10 10 10
Minimum rearvard setback fee!)" 20 15 17
Building height (stories/feet):
-main building 2/28 2/28 2/28
-accessory buildina 1/15 1/15 1/15
Parking:
-minimum on-site spaces (minimUm in garage) 2(2) 2(2) llil
-minimum on-street spaces 1 1 1
-maximum drivewa~ width at curb (feen 24 2" 24
Side and rear yard setbacks for accessory buildings (Refer to Section 11.3.3-5).
2 The side yard setback for any entry drive trellis or portico may be reduced by 50%. Subject to variance.
approval.
, For cul-de-sacs and knuckles the lot which shail be measured at the front setback line.
Additional Notes:
"Refer to Section 1I.3.3.4C for allowable building area for each Land Use District.
"Refer to Section 1I.3.3.4F for special setback for Scenic Highways.
Table G
SIì'1GLE-F AMIL Y RESIDENTIAL ALLOWABLE BUILDIì'1G AREA
ZONING DISTRICT MAXIMUM (FAR) MAXIMUM BUILDING
AREA
RL1 .45 FAR only
RL2 .50 8,000 SF
RL3 & RL4 .50 6,400 SF
RE1 .50 5,600 SF not to exceed .60
RE2 & RE3 .50 4,500 SF not to exceed .70
RS1 & RS1-A .50 3,900 SF not to exceed .70
RS2 .50 3,600 SF not to exceed .70
RP1 .55 2,900 SF not to exceed .70
RP2 .55 2,550 SF not to exceed .70
--3 EXHIBIT B
P/5
COUNCIL AGENDA STATEMENT
Item No. ~
Meeting Date 05/18/04
ITEM TITLE: RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA
VISTA DIRECTING REVIEW OF THE CITY OF CHULA VISTA
CONFLICT OF INTEREST CODE
SUBMITTED BY: Susan Bigelo/'CMC, City Clerk
Ann Moore, City Attorney 'i. M-
The proposed resolution directs the City Attorney and City Clerk (1) to review the City's Conflict of
Interest Code on behalf of all staff and designated commissions and boards to detennine whether or
not amendments are needed and (2) to submit a notice to the Council prior to October 1, 2004,
indicating either that amendments are required or that no amendments are necessary.
RECOMMENDATION: Council adopt the Resolution.
BOARDS AND COMMISSION RECOMMENDATION: None.
BACKGROUND: The Political Refonn Act requires every local agency to review its Conflict of
Interest Code biennially to determine if it is accurate or, alternatively, that the Code must be
amended. Once the determination has been made, a notice must be submitted to the Code-reviewing
body (the City Council) no later than October 1 st of even-numbered years.
The City Council, prior to July 151 in even-numbered years, must direct a review of the City's Code
for possible amendments. The proposed resolution directs the City Attorney and the City Clerk to
review the Code on behalf of all staff and designated City commissions and boards and require that a
notice be submitted to the Council prior to October 151 indicating either that amendments are required
or that no amendments are necessary. If amendments are necessary, the amended Code must be
forwarded to the Council for approval within 90 days of submission of the notice.
FISCAL IMPACT: The item has no impact on the general fund.
Lf -(
---~-~-~---------_.__..-
RESOLUTION NO. 2004-
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA DIRECTING REVIEW OF THE CITY OF CHULA
VISTA CONFLICT OF INTEREST CODE
WHEREAS, the Political Refonn Act requires every local agency to review its Conflict of
Interest Code biennially to detennine if it is accurate or, alternatively, that the Code must be
amended; and
WHEREAS, the Political Refonn Act requires every local agency to direct a review of the
Code prior to July 1 st of each even-numbered year; and
WHEREAS, this review must be completed and a notice of determination must be submitted
to the City Council as the Code-reviewing body prior to October 1 st of each even-numbered year.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the CityofChula Vista that
the City Attorney and City Clerk are hereby directed to review the Conflict of Interest Code on
behalf of City staff and all departments ofthe City and designated City commissions and boards and
to provide specific notice to the City Council prior to October 1, 2004, either that amendments are
required or that no amendments are necessary.
Presented by Approved as to fonD by
ç Jv..- ~ -
Susan Bigelow, City Clerk Ann Moore, City Attorney PASSED, APPROVED, and ADOPTED by the City Council of the City ofChula Vista, California,
this 18th day of May, 2004, by the following vote:
AYES: Councilmembers:
NAYS: Councilmembers:
ABSENT: Councilmembers:
Stephen C. Padilla, Mayor
ATTEST:
Susan Bigelow, City Clerk
tf- - ¡;;-
--,-- -,--,------------,----,--- ------______H
COUNCIL AGENDA STATEMENT
Item: ,.....-
'?
Meeting Date: 5/18/04
ITEM TITLE: RESOLUTION - ACCEPTING $100,000 FROM THE OFFICE
OF EMERGENCY SERVICES, AMENDING THE FY 03 - 04
BUDGET TO APPROPRIATE $100,000, WAIVING THE
CONSULTANT SELECTION PROCESS AND APPROVING
CONTRACTUAL AGREEMENT WITH SOUTH BAY COMMUNITY
SERVICES TO PROVIDE SERVICES FOR DOMESTIC
VIOLENCE CASES.
SUBMITTED BY: Chief of POII~
REVIEWED BY: City Manage~ V-- (4/5ths Vote: Yes X No -)
The Chula Vista Police Department and South Bay Community Services have been
providing the Domestic Violence Response Team services for the past 7 years. The
attached contract formally continues those services to be provided which includes
comprehensive assessments of children and families, immediate crisis intervention and
follow-up services to the victim and children. The contract is a standard two-party
agreement that has been approved as to form by the City Attorney. The proposed
contract will expire on June 30, 2004.
RECOMMENDATION:
That the City Council accept and appropriate $100,000 from the Office of Emergency
Services, waive the consultant selection process and approve the contractual
agreement with South Bay Community Services to provide services for domestic
violence cases.
BOARDS/COMMISSIONS RECOMMENDATIONS: N/A
DISCUSSION: The Chula Vista Police Department (CVPD) has received funding for the
expansion of a successfully established domestic violence program. Since 1997, CVPD
has been working in a partnership with South Bay Community Services (SBCS) to
provide direct services to domestic violence victims and protect the children from abuse.
The partnership between CVPD and SBCS resulted in the formation of a 24-hour/7-day
per week Domestic Violence Response Team (DVRT). In order to provide more
consistent and intensified follow-up services, the DVRT program was expanded in
October 2003 with the addition of two full-time SBCS Advocates working on site at
CVPD. SBCS has incurred additional expenses for the two Advocates since October
5-1
Page 2, Item
Meeting Date: 5/18/04
2003, and the funding from the Office of Emergency Services grant allows CVPD to
reimburse SBCS for the cost of those services. Continuing services of the two
additional Advocates beyond FY 2003 - 2004 is contingent upon additional grant
funding to support the program.
From 1998-2002, the statistics in the County provided by the San Diego Association of
Governments (SANDAG) show a 16% increase in domestic violence reports, but from
2001-2002 there is actually a 7% decrease of incidents. The initial increase was due to
many factors, including more intensive reporting and tracking by CVPD and increased
community awareness, largely as a result of SBCS' work with victims. In 2002, of the
1,377 cases that were assigned to DVRT, 935 responses were accompanied with a
Detective and 442 were assigned to the counselors for intervention only. The
partnership formed with SBCS and CVPD is proving its effectiveness, and the funding
from the Office of Emergency Services is necessary to provide more consistent and
intensified follow-up services.
Because of the established working relationship with SBCS, CVPD is seeking to waive
the consultant selection process and approve the contractual agreement with SBCS to
provide services for domestic violence cases. The Advocates work closely with the
Detective, provide more intensified follow-up services after the violent incident, and help
prevent the need for further intervention by law enforcement. SBCS' Advocates are
mandated to provide 24-hour immediate mobile crisis intervention in response to 911
calls to the CVPD on all family violence cases involving children. Immediate response
is construed to mean 20 minutes and current average response time is 19-22 minutes.
SBCS emergency staff meets CVPD officers at the scene of domestic violence crimes
to assess for child abuse as well as offer services to victims. Additionally, CVPD has
dedicated personnel from the Family Protection Unit as members of the response team.
This dedicated staffing will allow both CVPD and the SBCS Advocate to have increased
access to victims after the incident. The following business day, the Advocate will
follow-up with victims (alone or with a CVPD Detective), set up home visits with those
not sheltered and provide case management and additional services to those placed in
shelter. These visits will be coordinated with a Detective, depending on the severity of
the abuse and if the perpetrator is still at large. Other SBCS Advocate services include
safety planning, support groups and counseling, Temporary Restraining Order
information and assistance, and transportation to a domestic violence shelter.
FY 03 - 04 DVRT Accomplishments (as of 4/30/04)
Responded to 656 calls for service relating to domestic violence cases
- Made contact and offered advocacy to 100% of victims with cases assigned to
the unit
Provided advocacy, including crisis intervention, resource and referral
assistance, emergency assistance, and/or restraining order assistance to 471
families
Provided 4 training sessions reaching 112 law enforcement officers
Q/¿r
Page 3, Item - ----=--
Meeting Date: 5/18/04
FISCAL IMPACT
The Office of Emergency Services grant of $100,000 will completely offset the cost of
subcontracting to SBCS for the services of two full-time Advocates and the purchase of
a computer and printer for dedicated use of the Detective and Advocates. Continuing
services of the two Advocates beyond FY 03 - 04 is contingent upon additional grant
funding to support the program. The table below details the FY 03 - 04 funding:
Subcontract with SBCS $ 93,000
Indirect Costs $ 4,925
Computer/Printer $ 2,075
Revenue
OES Grant $ 100,000
5-3
RESOLUTION NO.
RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA ACCEPTING $100,000
FROM THE OFFICE OF EMERGENCY
SERVICES, AMENDING THE FY 03 - 04
BUDGET TO APPROPRIATE $100,000,
WAIVING THE CONSULTANT SELECTION
PROCESS AND APPROVING CONTRACTUAL
AGREEMENT WITH SOUTH BAY COMMUNITY
SERVICES TO PROVIDE SERVICES FOR
DOMESTIC VIOLENCE CASES.
WHEREAS, the Police Department was awarded a grant of $ 100,000
from the Office of Emergency Services to enhance the Domestic Violence
Response and Advocacy services; and
WHEREAS, the Police Department is seeking to waive the consultant
selection process as South Bay Community Services has tailored their programs
to meet the needs of the City and their experience, qualifications and community
presence makes them a unique service provider; and
WHEREAS, acceptance of the grant will offset the cost of subcontracting
services of two South Bay Community Services Advocates; and
WHEREAS, the enhanced Domestic Violence Response and Advocacy
team will provide advocacy, crisis intervention, resource and referral assistance,
emergency assistance, and/or restraining order assistance; and
WHEREAS, grant funds will also be used to purchase a computer and
printer for dedicated use of the grant program;
NOW, THEREFORE, BE IT RESOLVED the City Council of the City of
Chula Vista does hereby accept and appropriate $100,000 from the Office of
Emergency Services, waive the consultant selection process and approve the
contractual agreement with South Bay Community Services to provide services
for Domestic Violence cases.
Approved as to form by:
5-+
THE ATTACHED AGREEMENT HAS BEEN REVIEWED
AND APPROVED AS TO FORM BY THE CITY
ATTORNEY'S OFFICE AND WILL BE
FORMALL Y SIGNED UPON APPROVAL BY
THE CITY COUNCIL
/è¿~~
Ann Moore /~
City Attorney
Dated: May 13, 2004
AGREEMENT WITH SOUTH BAY COMMUNITY SERVICES FOR DOMESTIC
VIOLENCE RESPONSE AND ADVOCACY SERVICES
,
....
5-5
Agreement between
City of Chula Vista
and
South Bay Community Services
for Domestic Violence Response and Advocacy Services
This agreement ("Agreement"), dated 05/18/2004 for the purposes of reference
only, and effective as of the date last executed unless another date is otherwise
specified in Exhibit A, Paragraph 1 is between the City-related entity as is indicated on
Exhibit A, paragraph 2, as such ("City"), whose business form is set forth on Exhibit A,
paragraph 3, and the entity indicated on the attached Exhibit A, paragraph 4, as
Consultant, whose business form is set forth on Exhibit A, paragraph 5, and whose
place of business and telephone numbers are set forth on Exhibit A, paragraph 6
("Consultant"), and is made with reference to the following facts:
Recitals
Whereas, since 1997, the City has worked with South Bay Community Services
to provide Domestic Violence Response and Advocacy services; and,
Whereas, Consultant warrants and represents that they are experienced and
staffed in a manner such that they are and can prepare and deliver the services
required of Consultant to City within the time frames herein provided all in accordance
with the terms and conditions of this Agreement.
Page 1
s-fp
Obligatory Provisions Pages
NOW, THEREFORE, BE IT RESOLVED that the City and Consultant do hereby
mutually agree as follows:
1. Consultant's Duties
A. General Duties
Consultant shall perform all of the services described on the attached Exhibit A,
Paragraph 7, entitled "General Duties"; and,
B. Scope of Work and Schedule
In the process of performing and delivering said "General Duties", Consultant
shall also perform all of the services described in Exhibit A, Paragraph 8, entitled"
Scope of Work and Schedule", not inconsistent with the General Duties, according to,
and within the time frames set forth in Exhibit A, Paragraph 8, and deliver to City such
Deliverables as are identified in Exhibit A, Paragraph 8, within the time frames set forth
therein, time being of the essence of this agreement. The General Duties and the work
and deliverables required in the Scope of Work and Schedule shall be herein referred
to as the "Defined Services". Failure to complete the Defined Services by the times
indicated does not, except at the option of the City, operate to terminate this
Agreement.
C. Reductions in Scope of Work
City may independently, or upon request from Consultant, from time to time
reduce the Defined Services to be performed by the Consultant under this Agreement.
Upon doing so, City and Consultant agree to meet in good faith and confer for the
purpose of negotiating a corresponding reduction in the compensation associated with
said reduction.
D. Additional Services
In addition to performing the Defined Services herein set forth, City may require
Consultant to perform additional consulting services related to the Defined Services
("Additional Services"), and upon doing so in writing, if they are within the scope of
services offered by Consultant, Consultant shall perform same on a time and materials
basis at the rates set forth in the "Rate Schedule" in Exhibit A, Paragraph 11 (C), unless
a separate fixed fee is otherwise agreed upon. All compensation for Additional
Services shall be paid monthly as billed.
Page 2
5-Î
E. Standard of Care
Consultant, in performing any Services under this agreement, whether Defined
Services or Additional Services, shall perform in a manner consistent with that level of
care and skill ordinarily exercised by members of the profession currently practicing
under similar conditions and in similar locations.
F. Insurance
Consultant represents that it and its agents, staff and subconsultants employed
by it in connection with the Services required to be rendered, are protected against the
risk of loss by the following insurance coverages, in the following categories, and to the
limits specified, policies of which are issued by Insurance Companies that have a Best's
Rating of "A, Class V" or better, or shall meet with the approval of the City:
Consultant must procure insurance against claims for injuries to persons or
damages to property that may arise from or in connection with the performance of the work
under the contract and the results of that work by the consultant, his agents,
representatives, employees or subcontractors and provide documentation of same prior to
commencement of work. The insurance must be maintained for the duration of the
contract.
Minimum Scope of Insurance
Coverage must be at least as broad as:
1. Insurance Services Office Commercial General Liability coverage (occurrence
Form CGOO01) in the amount set forth in Exhibit A, Paragraph 9.
2. Insurance Services Office Form Number CA 0001 covering Automobile Liability,
Code 1 (any auto) in the amount set forth in Exhibit A. Paragraph 9.
3. Workers' Compensation insurance as required by the State of California and
Employer's Liability Insurance in the amount set forth in the attached Exhibit A,
Paragraph 9.
4. Professional Liability or Errors & Omissions Liability insurance appropriate to the
consultant's profession. Architects' and Engineers' coverage is to be endorsed
to include contractual liability in the amount set forth in Exhibit A, Paragraph 9.
Deductibles and Self-Insured Retentions
Any deductibles or self-insured retentions must be declared to and approved by the City.
At the option of the City, either the insurer will reduce or eliminate such deductibles or self-
insured retentions as they pertain to the City, its officers, officials, employees and
volunteers; or the consultant will provide a financial guarantee satisfactory to the City
Page 3
5-'6
guaranteeing payment of losses and related investigations, claim administration, and
defense expenses.
Other Insurance Provisions
The general liability, automobile liability, and where appropriate, the worker's compensation
policies are to contain, or be endorsed to contain, the following provisions:
1. The City of Chula Vista, its officers, officials, employees, agents, and volunteers
are to be named as additional insureds with respect to liability arising out of
automobiles owned, leased, hired or borrowed by or on behalf of the consultant,
where applicable, and, with respect to liability arising out of work or operations
performed by or on behalf of the consultant's including providing materials, parts
or equipment furnished in connection with such work or operations. The general
liability additional insured coverage must be provided in the form of an
endorsement to the consultant's insurance using ISO CG 20 10 11 85 or its
equivalent.
2. The consultant's insurance coverage must be primary insurance as it pertains to
the City, its officers, officials, employees, agents, and volunteers. Any insurance'
or self-insurance maintained by the City, its officers, officials, employees, or
volunteers is wholly separate from the insurance of the contractor and in no way
relieves the contractor from its responsibility to provide insurance.
3. Each insurance policy required by this clause must be endorsed to state that
coverage will not be canceled by either party, except after thirty (30) days' prior
written notice to the City by certified mail, return receipt requested.
4. Coverage shall not extend to any indemnity coverage for the active negligence
of the additional insured in any case where an agreement to indemnify the
additional insured would be invalid under Subdivision (b) of Section 2782 of the
Civil Code.
5. Consultant's insurer will provide a Waiver of Subrogation in favor of the City for
each required policy providing coverage during the life of this contract.
If Errors & Omissions coverage are written on a claims-made form:
1. The "Retro Date" must be shown, and must be before the date of the
contract or the beginning of the contract work.
2. Insurance must be maintained and evidence of insurance must be
provided for at least five (5) years after completion of the contract work.
3. If coverage is canceled or non-renewed, and not replaced with another
claims-made policy form with a "Retro Date" prior to the contract effective
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date, the Consultant must purchase "extended reporting" coverage for a
minimum of five (5) years after completion of contract work.
4. A copy of the claims reporting requirements must be submitted to the City
for review.
Acceptability of Insurers
Insurance is to be placed with licensed insurers admitted to transact business in the State
of California with a current AM. Best's rating of no less than A-V. Ifthe insurance is placed
with a surplus lines insurer, insurer must be listed on the State of California List of Eligible
Surplus Lines Insurers (LESLI) and be AM. Best's rated A-V.
Verification of Coverage
Consultant shall furnish the City with original certificates and amendatory endorsements
effecting coverage required by this clause. The endorsements should be on insurance
industry forms, provided those endorsements or policies conform to the contract
requirements. All certificates and endorsements are to be received and approved by the
City before work commences. The City reserves the right to require, at any time, complete,
certified copies of all required insurance policies, including endorsements evidencing the
coverage required by these specifications.
Subcontractors
Consultants must include all sub-consultants as insureds under its policies or furnish
separate certificates and endorsements for each sub-consultant. All coverage for sub-
consultants is subject to all of the requirements included in these specifications.
G. Proof of Insurance Coverage.
(1) Certificates of Insurance.
Consultant shall demonstrate proof of coverage herein required, prior to
the commencement of services required under this Agreement, by delivery of
Certificates of Insurance demonstrating same, and further indicating that the policies
may not be canceled without at least thirty (30) days written notice to the Additional
Insured.
(2) Policy Endorsements Required.
In order to demonstrate the Additional Insured Coverage, Primary
Coverage and Cross-liability Coverage required under Consultant's Commercial
General Liability Insurance Policy, Consultant shall deliver a policy endorsement to the
City demonstrating same, which shall be reviewed and approved by the Risk Manager.
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H. Security for Performance.
(1) Performance Bond.
In the event that Exhibit A, at Paragraph 19, indicates the need for
Consultant to provide a Performance Bond (indicated by a check mark in the
parenthetical space immediately preceding the subparagraph entitled "Performance
Bond"), then Consultant shall provide to the City a performance bond in the form
prescribed by the City and by such sureties which are authorized to transact such
business in the State of California, listed as approved by the United States Department
of Treasury Circular 570, http://www.fms.treas.Qov/c570, and whose underwriting
limitation is sufficient to issue bonds in the amount required by the agreement, and
which also satisfy the requirements stated in Section 995.660 of the Code of Civil
Procedure, except as provided otherwise by laws or regulations. All bonds signed by
an agent must be accompanied by a certified copy of such agent's authority to act.
Surety companies must be duly licensed or authorized in the jurisdiction in which the
Project is located to issue bonds for the limits so required. Form must be satisfactory to
the Risk Manager or City Attorney which amount is indicated in the space adjacent to
the term, "Performance Bond", in said Paragraph 19, Exhibit A.
(2) Letter of Credit.
In the event that Exhibit A, at Paragraph 19, indicates the need for
Consultant to provide a Letter of Credit (indicated by a check mark in the parenthetical
space immediately preceding the subparagraph entitled "Letter of Credit"), then
Consultant shall provide to the City an irrevocable letter of credit callable by the City at
their unfettered discretion by submitting to the bank a letter, signed by the City
Manager, stating that the Consultant is in breach of the terms of this Agreement. The
letter of credit shall be issued by a bank, and be in a form and amount satisfactory to
the Risk Manager or City Attorney which amount is indicated in the space adjacent to
the term, "Letter of Credit", in said Paragraph 19, Exhibit A.
(3) Other Security
In the event that Exhibit A, at Paragraph 19, indicates the need for
Consultant to provide security other than a Performance Bond or a Letter of Credit
(indicated by a check mark in the parenthetical space immediately preceding the
subparagraph entitled "Other Security"), then Consultant shall provide to the City such
other security therein listed in a form and amount satisfactory to the Risk Manager or
City Attorney.
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I. Business License
Consultant agrees to obtain a business license from the City and to otherwise
comply with Title 5 of the Chula Vista Municipal Code.
2. Duties of the City
A. Consultation and Cooperation
City shall regularly consult the Consultant for the purpose of reviewing the
progress of the Defined Services and Schedule therein contained, and to provide
direction and guidance to achieve the objectives of this agreement. The City shall
permit access to its office facilities, files and records by Consultant throughout the term
of the agreement. In addition thereto, City agrees to provide the information, data,
items and materials set forth on Exhibit A, Paragraph 10, and with the further
understanding that delay in the provision of these materials beyond 30 days after
authorization to proceed, shall constitute a basis for the justifiable delay in the
Consultant's performance of this agreement.
B. Compensation
Upon receipt of a properly prepared billing from Consultant submitted to the City
periodically as indicated in Exhibit A, Paragraph 18, but in no event more frequently
than monthly, on the day of the period indicated in Exhibit A, Paragraph 18, City shall
compensate Consultant for all services rendered by Consultant according to the terms
and conditions set forth in Exhibit A, Paragraph 11, adjacent to the governing
compensation relationship indicated by a "checkmark" next to the appropriate
arrangement, subject to the requirements for retention set forth in paragraph 19 of
Exhibit A, and shall compensate Consultant for out of pocket expenses as provided in
Exhibit A, Paragraph 12.
All billings submitted by Consultant shall contain sufficient information as to the
propriety of the billing to permit the City to evaluate that the amount due and payable
thereunder is proper, and shall specifically contain the City's account number indicated
on Exhibit A, Paragraph 18 (C) to be charged upon making such payment.
3. Administration of Contract
Each party designates the individuals ("Contract Administrators") indicated on
Exhibit A, Paragraph 13, as said party's contract administrator who is authorized by said
party to represent them in the routine administration of this agreement.
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4. Term.
This agreement shall terminate on June 30, 2004 provided however (a) the
effectiveness of this Agreement for the fiscal year commencing July 1, 2003 shall be
contingent upon City's appropriation, in its sole discretion, of the necessary funds
therefore; and (b) Consultant's obligations under Section 7 hereof shall survive such
termination.
5. Liquidated Damages
The provisions of this section apply if a Liquidated Damages Rate is provided in
Exhibit A, Paragraph 14.
It is acknowledged by both parties that time is of the essence in the completion
of this Agreement. It is difficult to estimate the amount of damages resulting from delay
in performance. The parties have used their judgment to arrive at a reasonable amount
to compensate for delay.
Failure to complete the Defined Services within the allotted time period specified
in this Agreement shall result in the following penalty: For each consecutive calendar
day in excess of the time specified for the completion of the respective work
assignment or Deliverable, the consultant shall pay to the City, or have withheld from
monies due, the sum of Liquidated Damages Rate provided in Exhibit A, Paragraph 14
("Liquidated Damages Rate").
Time extensions for delays beyond the consultant's control, other than delays
caused by the City, shall be requested in writing to the City's Contract Administrator, or
designee, prior to the expiration of the specified time. Extensions of time, when
granted, will be based upon the effect of delays to the work and will not be granted for
delays to minor portions of work unless it can be shown that such delays did or will
delay the progress of the work.
6. Financial Interests of Consultant
A Consultant is Designated as an FPPC Filer.
If Consultant is designated on Exhibit A, Paragraph 15, as an "FPPC filer",
Consultant is deemed to be a "Consultant" for the purposes of the Political Reform Act
conflict of interest and disclosure provisions, and shall report economic interests to the
City Clerk on the required Statement of Economic Interests in such reporting categories
as are specified in Paragraph 15 of Exhibit A, or if none are specified, then as
determined by the City Attorney.
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B. Decline to Participate.
Regardless of whether Consultant is designated as an FPPC Filer, Consultant
shall not make, or participate in making or in any way attempt to use Consultant's
position to influence a governmental decision in which Consultant knows or has reason
to know Consultant has a financial interest other than the compensation promised by
this Agreement.
C. Search to Determine Economic Interests.
Regardless of whether Consultant is designated as an FPPC Filer, Consultant
warrants and represents that Consultant has diligently conducted a search and
inventory of Consultant's economic interests, as the term is used in the regulations
promulgated by the Fair Political Practices Commission, and has determined that
Consultant does not, to the best of Consultant's knowledge, have an economic interest
which would conflict with Consultant's duties under this agreement.
D. Promise Not to Acquire Conflicting Interests.
Regardless of whether Consultant is designated as an FPPC Filer, Consultant
further warrants and represents that Consultant will not acquire, obtain, or assume an
economic interest during the term of this Agreement which would constitute a conflict of
interest as prohibited by the Fair Political Practices Act.
E. Duty to Advise of Conflicting Interests.
Regardless of whether Consultant is designated as an FPPC Filer, Consultant
further warrants and represents that Consultant will immediately advise the City
Attorney of City if Consultant learns of an economic interest of Consultant's that may
result in a conflict of interest for the purpose of the Fair Political Practices Act, and
regulations promulgated thereunder.
F. Specific Warranties Against Economic Interests.
Consultant warrants and represents that neither Consultant, nor Consultant's
immediate family members, nor Consultant's employees or agents ("Consultant
Associates") presently have any interest, directly or indirectly, whatsoever in any
property which may be the subject matter of the Defined Services, or in any property
within 2 radial miles from the exterior boundaries of any property which may be the
subject matter of the Defined Services, ("Prohibited Interest"), other than as listed in
Exhibit A, Paragraph 15.
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Consultant further warrants and represents that no promise of future
employment, remuneration, consideration, gratuity or other reward or gain has been
made to Consultant or Consultant Associates in connection with Consultant's
performance of this Agreement. Consultant promises to advise City of any such
promise that may be made during the Term of this Agreement, or for 12 months
thereafter.
Consultant agrees that Consultant Associates shall not acquire any such
Prohibited Interest within the Term of this Agreement, or for 12 months after the
expiration of this Agreement, except with the written permission of City.
Consultant may not conduct or solicit any business for any party to this
Agreement, or for any third party that may be in conflict with Consultant's
responsibilities under this Agreement, except with the written permission of City.
7. Hold Harmless
Consultant shall defend, indemnify, protect and hold harmless the City, its elected and
appointed officers and employees, from and against all claims for damages, liability,
cost and expense (including without limitation attorneys fees) arising out of or alleged
by third parties to be the result of the negligent acts, errors or omissions or the willful
misconduct of the Consultant, and Consultant's employees, subcontractors or other
persons, agencies or firms for whom Consultant is legally responsible in connection
with the execution of the work covered by this Agreement, except only for those claims,
damages, liability, costs and expenses (including without limitations, attorneys fees)
arising from the sole negligence or sole willful misconduct of the City, its officers,
employees. Also covered is liability arising from, connected with, caused by or claimed
to be caused by the active or passive negligent acts or omissions of the City, its agents,
officers, or employees which may be in combination with the active or passive negligent
acts or omissions of the Consultant, its employees, agents or officers, or any third party.
With respect to losses arising from Consultant's professional errors or omissions,
Consultant shall defend, indemnify, protect and hold harmless the City, its elected and
appointed officers and employees, from and against all claims for damages, liability,
cost and expense (including without limitation attorneys fees) except for those claims
arising from the negligence or willful misconduct of City, its officers or employees.
Consultant's indemnification shall include any and all costs, expenses, attorneys fees
and liability incurred by the City, its officers, agents or employees in defending against
such claims, whether the same proceed to judgment or not. Consultant's obligations
under this Section shall not be limited by any prioror subsequent declaration by the
Consultant. Consultant's obligations under this Section shall survive the termination of
this Agreement.
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For those professionals who are required to be licensed by the state (e.g. architects and
engineers), the following indemnification provisions should be utilized:
1. Indemnification and Hold Harmless Agreement.
With respect to any liability, including but not limited to claims asserted or costs,
losses, attorney fees, or payments for injury to any person or property caused or
claimed to be caused by the acts or omissions of the Consultant, or Consultant's
employees, agents, and officers, arising out of any services performed involving this
project, except liability for Professional Services covered under Section X.2, the
Consultant agrees to defend, indemnify, protect, and hold harmless the City, its agents,
officers, or employees from and against all liability. Also covered is liability arising from,
connected with, caused by, or claimed to be caused by the active or passive negligent
acts or omissions of the City, its agents, officers, or employees which may be in
combination with the active or passive negligent acts or omissions of the Consultant, its
employees, agents or officers, or any third party. The Consultant's duty to indemnify,
protect and hold harmless shall not include any claims or liabilities arising from the sole
negligence or sole willful misconduct of the City, its agents, officers or employees. This
section in no way alters, affects or modifies the Consultant's obligation and duties under
Section Exhibit A to this Agreement.
2. Indemnification for Professional Services.
As to the Consultant's professional obligation, work or services involving this
Project, the Consultant agrees to indemnify, defend and hold harmless the City, its
agents, officers and employees from and against any and all liability, claims, costs, and
damages, including but not limited to, attorneys fees, losses or payments for injury to
any person or property, caused directly or indirectly from the negligent acts, errors or
omissions of the Consultant or Consultant's employees, agents or officers; provided,
however, that the Consultant's duty to indemnify shall not include any claims or liability
arising from the negligence or willful misconduct of the City, its agents, officers and
employees.
8. Termination of Agreement for Cause
If, through any cause, Consultant shall fail to fulfill in a timely and proper manner
Consultant's obligations under this Agreement, or if Consultant shall violate any of the
covenants, agreements or stipulations of this Agreement, City shall have the right to
terminate this Agreement by giving written notice to Consultant of such termination and
specifying the effective date thereof at least five (5) days before the effective date of
such termination. In that event, all finished or unfinished documents, data, studies,
surveys, drawings, maps, reports and other materials prepared by Consultant shall, at
Page 11
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the option of the City, become the property of the City, and Consultant shall be entitled
to receive just and equitable compensation for any work satisfactorily completed on
such documents and other materials up to the effective date of Notice of Termination,
not to exceed the amounts payable hereunder, and less any damages caused City by
Consultant's breach.
9. Errors and Omissions
In the event that the City Administrator determines that the Consultants'
negligence, errors, or omissions in the performance of work under this Agreement has
resulted in expense to City greater than would have resulted if there were no such
negligence, errors, omissions, Consultant shall reimburse City for any additional
expenses incurred by the City. Nothing herein is intended to limit City's rights under
other provisions of this agreement.
10. Termination of Agreement for Convenience of City
City may terminate this Agreement at any time and for any reason, by giving
specific written notice to Consultant of such termination and specifying the effective
date thereof, at least thirty (30) days before the effective date of such termination. In
that event, all finished and unfinished documents and other materials described
hereinabove shall, at the option of the City, become City's sole and exclusive property.
If the Agreement is terminated by City as provided in this paragraph, Consultant shall
be entitled to receive just and equitable compensation for any satisfactory work
completed on such documents and other materials to the effective date of such
termination. Consultant hereby expressly waives any and all claims for damages or
compensation arising under this Agreement except as set forth herein.
11. Assignability
The services of Consultant are personal to the City, and Consultant shall not
assign any interest in this Agreement, and shall not transfer any interest in the same
(whether by assignment or notation), without prior written consent of City.
City hereby consents to the assignment of the portions of the Defined Services
identified in Exhibit A, Paragraph 17 to the subconsultants identified thereat as
"Permitted Subconsultants".
12. Ownership, Publication, Reproduction and Use of Material
All reports, studies, information, data, statistics, forms, designs, plans,
procedures, systems and any other materials or properties produced under this
Agreement shall be the sole and exclusive property of City. No such materials or
Page 12
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properties produced in whole or in part under this Agreement shall be subject to private
use, copyrights or patent rights by Consultant in the United States or in any other
country without the express written consent of City. City shall have unrestricted
authority to publish, disclose (except as may be limited by the provisions of the Public
Records Act), distribute, and otherwise use, copyright or patent, in whole or in part, any
such reports, studies, data, statistics, forms or other materials or properties produced
under this Agreement.
13. Independent Contractor
City is interested only in the results obtained and Consultant shall perform as an
independent contractor with sole control of the manner and means of performing the
services required under this Agreement. City maintains the right only to reject or accept
Consultant's work products. Consultant and any of the Consultant's agents, employees
or representatives are, for all purposes under this Agreement, an independent
contractor and shall not be deemed to be an employee of City, and none of them shall
be entitled to any benefits to which City employees are entitled including but not limited
to, overtime, retirement benefits, worker's compensation benefits, injury leave or other
leave benefits. Therefore, City will not withhold state or federal income tax, social
security tax or any other payroll tax, and Consultant shall be solely responsible for the
payment of same and shall hold the City harmless with regard thereto.
14. Administrative Claims Requirements and Procedures
No suit or arbitration shall be brought arising out of this agreement, against the
City unless a claim has first been presented in writing and filed with the City and acted
upon by the City in accordance with the procedures set forth in Chapter 1.34 of the
Chula Vista Municipal Code, as same may from time to time be amended, the
provisions of which are incorporated by this reference as if fully set forth herein, and
such policies and procedures used by the City in the implementation of same.
Upon request by City, Consultant shall meet and confer in good faith with City for
the purpose of resolving any dispute over the terms of this Agreement.
15. Attorney's Fees
Should a dispute arising out of this Agreement result in litigation, it is agreed that
the prevailing party shall be entitled to a judgment against the other for an amount
equal to reasonable attorney's fees and court costs incurred. The "prevailing party"
shall be deemed to be the party who is awarded substantially the relief sought.
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16. Statement of Costs
In the event that Consultant prepares a report or document, or participates in the
preparation of a report or document in performing the Defined Services, Consultant
shall include, or cause the inclusion of, in said report or document, a statement of the
numbers and cost in dollar amounts of all contracts and subcontracts relating to the
preparation of the report or document.
17. Miscellaneous
A. Consultant not authorized to Represent City
Unless specifically authorized in writing by City, Consultant shall have no
authority to act as City's agent to bind City to any contractual agreements whatsoever.
B. Consultant is Real Estate Broker and/or Salesman
If the box on Exhibit A, Paragraph 16 is marked, the Consultant and/or their
principals is/are licensed with the State of California or some other state as a licensed
real estate broker or salesperson. Otherwise, Consultant represents that neither
Consultant, nor their principals are licensed real estate brokers or salespersons.
C. Notices
All notices, demands or requests provided for or permitted to be given pursuant
to this Agreement must be in writing. All notices, demands and requests to be sent to
any party shall be deemed to have been properly given or served if personally served or
deposited in the United States mail, addressed to such party, postage prepaid,
registered or certified, with return receipt requested, at the addresses identified herein
as the places of business for each of the designated parties.
D. Entire Agreement
This Agreement, together with any other written document referred to or
contemplated herein, embody the entire Agreement and understanding between the
parties relating to the subject matter hereof. Neither this Agreement nor any provision
hereof may be amended, modified, waived or discharged except by an instrument in
writing executed by the party against which enforcement of such amendment, waiver or
discharge is sought.
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E. Capacity of Parties
Each signatory and party hereto hereby warrants and represents to the other
party that it has legal authority and capacity and direction from its principal to enter into
this Agreement, and that all resolutions or other actions have been taken so as to
enable it to enter into this Agreement.
F. Governing lawNenue
This Agreement shall be governed by and construed in accordance with the laws
of the State of California. Any action arising under or relating to this Agreement shall
be brought only in the federal or state courts located in San Diego County, State of
California, and if applicable, the City of Chula Vista, or as close thereto as possible.
Venue for this Agreement, and performance hereunder, shall be the City of Chula Vista.
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Signature Page
to
Agreement between City of Chula Vista and South Bay Community Services
for Domestic Violence Response and Advocacy services
IN WITNESS WHEREOF, City and Consultant have executed this Agreement
thereby indicating that they have read and understood same, and indicate their full and
complete consent to its terms:
Dated: ,2004 City of Chula Vista
by:
Stephen Padilla, Mayor
Attest:
Susan Bigelow, City Clerk
Approved as to form:
II\~
Dated:~(y /'>: rioöL/
Exhibit list to Agreement
(X) Exhibit A.
Page 16
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Exhibit A
to
Agreement between
City of Chula Vista
and
South Bay Community Services
1. Effective Date of Agreement: 1 0/01/2003
2. City-Related Entity:
(X) City of Chula Vista, a municipal chartered corporation of the State of
California
3. Place of Business for City:
City of Chula Vista,
276 Fourth Avenue,
Chula Vista, CA 91910
4. Consultant: South Bay Community Services
5. Business Form of Consultant:
(X) Corporation
6. Place of Business, Telephone and Fax Number of Consultant:
1124 Bay Blvd, Suite D
Chula Vista, California 91911
Voice Phone (619) 420-5094
Fax Phone (619) 420-8722
7. General Duties: Domestic Violence Response and Advocacy Services
8. Scope of Work and Schedule:
Detailed Scope of Work: The Operational Agreements (Exhibit B)
between South Bay Community Services and the Chula Vista Police
Department signed January 31, 2003 and June 17th, 2003 and
Office of Emergency Services grant #LE033Q6364 shall serve as
scope of work for this agreement.
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5 -;;;. ê}..
B. Date for Commencement of Consultant Services:
( ) Same as Effective Date of Agreement
(X) Other: 10101/2003
C. Dates or Time Limits for Delivery of Deliverables:
Deliverable No.1:
The Operational Agreements (Exhibit B) between South Bay Community
Services and the Chula Vista Police Department signed January 31, 2003
and June 17th, 2003 detail time limits and deliverables for this agreement.
D. Date for completion of all Consultant services:
Upon compliance with all executory provisions herein.
9. Insurance Requirements:
1. General Liability: $1,000,000 per occurrence for bodily injury, personal injury and
(Including operations, property damage. If Commercial General Liability insurance with a
products and completed general aggregate limit is used, either the general aggregate limit
operations, as applicable.) must apply separately to this project/location or the general
aggregate limit must be twice the required occurrence limit.
2. Automobile Liability: $1,000,000 per accident for bodily injury and property damage.
3. Workers' Compensation Statutory
Employer's Liability: $1,000,000 each accident
$1,000,000 disease-policy limit
$1,000,000 disease-each employee
4. Professional Liability or $ 500,000 each occurrence
Errors & Omissions Liability: $1,000,000 policy aggregate
10. Materials Required to be Supplied by City to Consultant:
None.
11. Compensation:
A. (X) Single Fixed Fee Arrangement.
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For performance of all of the Defined Services by Consultant as herein required,
City shall pay a single fixed fee in the amounts and at the times or milestones or for the
Deliverables set forth below:
Single Fixed Fee Amount: $93,000, payable as follows:
Three auarterlv installments of $31.000 each.
12. Materials Reimbursement Arrangement
For the cost of out of pocket expenses incurred by Consultant in the
performance of services herein required, City shall pay Consultant at the rates or
amounts set forth below:
(X) None, the compensation includes all costs.
13. Contract Administrators:
City: Lieutenant Tro Peltekian, Investigations Division
Police Department
276 4th Avenue
Chula Vista, CA 91910 (619)585-5670
Consultant: Kathryn Lembo, Executive Director
1124 Bay Blvd, Suite D
Chula Vista, California 91911
14. Liquidated Damages Rate:
None.
15. Statement of Economic Interests, Consultant Reporting Categories, per Conflict of
Interest Code:
(X) Not Applicable. Not an FPPC Filer.
16. ( ) Consultant is Real Estate Broker and/or Salesman
Not Applicable
17. Permitted Subconsultants:
None.
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'S -;;) Y.
18. Bill Processing:
A. Consultant's billing to be submitted for the following period of time:
(X) Quarterly
B. Day of the period for submission of Consultant's billing:
(X) First of the Month
C. City's Account Number: 100-1030-5201
19. Security for Performance
None Required.
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5-~S
EXHIBIT B
Operational Aoreement.
IS ona greement stands as evidence that South Bay Community Services and the.Chula Vista Police Department intend to
work together toward the mutual goal of providing maximum ava~able assistance for domestic violence victims and their children residing in
the Chula VISta, Califomia and surrounding areas. Both agencies beneve that implementation of the Domestic Violence Services proposal,
as described herein will further this goal. To this end, each agency agrees to participate in the program, if selected for funding, by
coordinating/providing the following services:
1. South Bay Community Services' domestic violence project WIll closely coordinate the following services wi1h the Chula Vista Police
Department through:
Project staff being readily available to the Chula VISta ponce Department for service provision through providing 24-hour on-call staff
to respond to the scene of Domestic violence when there are children presen~ to assess for risk of abuse and to assess for the
safety of the victim and her children.
Regularly scheduled meetings between the sacs Fam~y VIOlence Support Services Program Director and the CVPD Sergeant in
charge of Domestic Violence cases to discuss strategies, time tables and implementation of mandated services.
. Act as lead agency for administration and management of the proposed project.
. Provide and coordinate a continuum of services to the ch~dren and famifies identified by the project which may include: crisis
intelVention, assessment, case managemen~ individual group and family counseling, confidential she~er or transition housing,
and a temporary restraining order clinic.
. Provide cooperation and information for evaluation and measurement of components of the project,
. Participate in the training of Chula Vista Police Department (CVPD) officers.
2. Chula Vista Police Department agrees to:
. Provide opportunities for sacs' staff to provide Domestic VIOlence training at roll calls or other appropriate settings.
. Regularly scheduled meetings at least once per month between the SBCS Family Violence Support SelVices Program
Director and the CVPD Sergeant in charge of the Family Protection Unit to discuss strategies, time tables and implementation
of mandated services.
. Have CVPD oflicers or dispatch notify sacs Domestic VIOlence Response Team 24-hour workers when responding to the scene
of domestic violence when ch~dren are present
. Have CVPD officers remain on the scene of the violence as long as possible, unbl a prenmínary safety evaluation has been
completed and the scene is determined to be safe while sacs workers gather information and determine the safety of the
child(ren) and the victim.
. Provide cooperation and information for evaluation and measurement of components of the project
, the undersigned, as authoriz 'ves of South Bay Comm h Isla Police Department do hereby
app ~
tiff ~ . .
So For Chula VISta Police Department
'iJëM~h bay community ..rvice. Date ~IQ3
1124 Bay BouleVartf. Suite 0' Chula Vista. California 91911 ~-~~
Tel: &19.420.3&20' Fax: 619.420.8722 24 hr. Hotline: 800.640.2933
EXHIBIT B
OPERATIONAL AGREEMENT
This Operational Agreement stands as evidence that the Chula Vista porlee DeDartment and South Bay Communitv
Services (SBCS) intend to wort together toward the mubJaI goal of providing maximum ayailable assistance for crime
victims residing in the City of Chula VISta. Both agencies believe that implementation of the Domestic Violence
Resoonse Team Droposal, as described herein, win further this goal. To this end,. each agency agrees to participate in
the program, if selected for funding, by coordinating/providing the following services:
The Chula Vista Police DeDartment Droject will closely coordinate the following services with
South Bay Communitv Services through:
. SBCS Project staff being readily available to Chula Vista Police DeDartment for service provision through;
. Regularty scheduled meetings 2-3 times a month between SBCS' DeDartment Director and CVPD
Investiaator or Violent Crime DeDartment Head to discuss strategies, time tables and implementation of
mandated services.
. Specifically.
South Bay Community Services will: .
. Provide the 24 hourn days a week Community Assessment Workers for the Domestic Violence
Response Team, to respond to calls from CVPD officers.
. Provide and coordinate a continuum of services to the children and families identified by the projed which
may include: crisis intervention, assessment, case management, individual group and family counseling,
confidential shetter or transition housing, and a temporary restraining order clinic.
. Provide cooperation and information for evaluation and measurement of components of the project,
Chula Vista Police Department agrees to:
. Facilitate the provision of training for CVPD officers by SBCS staff;
. Prompt notification of SBCS Community Assessment Workers by officers at the scene of domestic
violence.
. Participation in joint meetings to ensure optimal projed effectiveness and utilization of resources; and
. Provision of information for evaluation and measurement of services
We, the undersigned, as authorized representatives of Chula Vista Police Deoartment and South Bay
"'""';J'lV L """by ..""" .. """""'t
.-. I
,{/ //. /
J /
Rick Emerson. Chief Kathrvn Lembo. Executive Director
For Chula Vista Pollee DeDartment For South Bav Communitv Services
Date June 17. 2003 Date June 17. 2003
5-,;;);
CITY COUNCIL AGENDA STATEMENT
ITEM NO.: {¡;
MEETING DATE: 05/18/04
ITEM TITLE: CONSIDERATION OF AN AFFORDABLE HOUSING AGREEMENT FOR
MCMILLIN ROLLING HILLS RANCH
RESOLUTION APPROVING THE AFFORDABLE HOUSING
AGREEMENT RELATED TO ROLLING HILLS RANCH BETWEEN THE
CITY AND MCMILLIN ROLLING HILLS RANCH, LLC AND
AUTHORIZING THE MAYOR TO EXECUTE THE AGREEMENT
SUBMlnED BY: COMMUNITY DEVELOPMENT DIRECTOR ~1-1I1
REVIEWED BY: ',-
CITY MANAGER .~
4/5THS VOTE: YES D NO 0
BACKGROUND
On June 17, 1997, the City of Chula Vista and Pacific Bay Properties, a California Corporation,
entered into an Affordable Housing Agreement for the real property in the City af Chula Vista, then
cammonly known as the Salt Creek Ranch planned development (the "Praperty"). The Salt Creek
Ranch area was later sold to McMillin Rolling Hills Ranch, LLC, a Delaware limited liability company
("Developer").
The 1997 Affordable Housing Agreement required the Developer to designate five percent (5%) of
the total dwelling units constructed within the Property as housing affordable to low income
households and five percent (5%) of the total dwelling units constructed within the Property as
housing affordable to moderate income households. Based on the total of 2,620 residential units
approved for the Property pursuant to the Salt Creek Ranch SPA Plan, the low income housing
requirement for the Property was 131 units and the moderate income housing required for the
Property was.131 units.
The Developer has submitted an application to the City for the subdivision and development of
Neighborhood 7C as a 43 lot residential subdivision. Neighborhood 7C, which was originally
identified as a possible school site but has since been determined to be a surplus site, was not
previously included in the calculation of total residential units approved for the Property. Asa
condition of approval of the application, the City requires that the Developer comply with the 1997
Affordable Housing Agreement, which would require the provision of an additional two low-income
housing units.
~-I
- -- -_~__'_n___- ---------- ---
PAGE 2, ITEM NO.: &
MEETING DATE: 05/18/04
RECOMMENDATION
That Council adapt the resolution approving the Affardable Housing Agreement for Rolling Hills
Ranch be!ween the Ciiy and McMillin Rolling Hills Ranch and authorizing the Mayor to execute
such Agreement on behalf of the Ciiy.
BOARDS/COMMISSIONS RECOMMENDATION
Not applicable.
DISCUSSION
Under the Ciiy's Balanced Communities Policy of the Housing Element, the Developer has an
obligation to provide 10 percent of those new residential housing units within the Project as
affordable to low and moderate-income families (5% low and 5% moderate). Neighborhood 7C,
formerly a site designated for the construction of a public school, has been determined to be a
surplus site. Development of the site with 43 residential units results in a revised total of 2,664
residential housing units. The net increase requires the Developer to provide an additional !wo
units affordable to low income househalds. The moderate-income requirements have been
satisfied.
The Ciiy has determined, based upon Housing Element findings, that the unique conditions of the
development of Neighborhood 7C may provide an unreasonable hardship for the construction of
affordable units within the project. Factors include the project size, site constraints and the
proposed use and price structure of the development. Since the Developer is currently proposing
the development of luxury estate homes within Neighborhood 7C, the Ciiy finds that the
development of affordable housing within this site may not be appropriate or feasible.
The Ciiy is willing to consider alternatives as a means to satisfying the obligation to provide !WO
(2) additional units affordable to low income households. The Housing Element currently
considers the following alternative methods, in order of prioriiy, as land set asides, construction at
an off-site location or in lieu contribution. The Ciiy has determined that alternative methods
support specific Housing Element policies and goals and are not significantly detrimental to
achieving balanced residential communities.
The Ciiy is proposing that Developer be required to provide !wo additional units affordable to low
income households, or to provide mitigation determined to be the equivalent thereof, no later
than December 31, 2005, in accordance with Ciiy policies and requirements in effect at the time
such units or mitigation are provided. The Ciiy prefers the construction of affordable units, which
must be in compliance with Ciiy standards and policies regarding pricing, income restrictions,
etc.
The Ciiy shall have the right to withhold further building permits for the Property if the Developer
has not satisfied the Neighborhood 7C affordable housing obligation before the issuance of the
2,3901h building permit within the Property or if before December 31, 2005, the Ciiy has
¿,-;;.
PAGE 3, ITEM NO.: {¿
MEETING DATE: 05/18/04
established a viable alternative method to satisfy the affordable housing obligation and
Developer has not elected to comply.
CEQA Compliance
The proposed Affordable Housing Agreement for McMillin Rolling Hills Ranch has been reviewed for
compliance with CEQA. The proposed Agreement is a mechanism for implementation of affordable
housing within the prescribed densities and maximum unit count of the proposed amended Rolling
Hills Ranch General Development Plan and SPA plan. Approval and execution of the Agreement
would not, therefore, result in the construction of any housing beyond that anticipated in the GDP
and SPA plans and the environmental review documents previously certified for those plans.
Therefore, no additional CEQA action is necessary.
FISCAL IMPACT
The Developer has paid all costs associated with the processing of the Affordable Housing
Agreement and any subsequent Amendments.
AnACHMENTS
1. Affordable Housing Agreement for McMillin Rolling Hills Ranch
[DOP,ICOMMDEYlSTAFF.REPlA113 MoM;!lio Romo, Hm. Roooh 5-10-04.do< [5/13/04; 9,11 AM[
~-3
RESOLUTION NO.
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING THE AFFORDABLE HOUSING
AGREEMENT RELATED TO ROLLING HILLS RANCH BETWEEN
THE CITY AND MCMILLIN ROLLING HILLS RANCH, LLC AND
AUTHORIZING THE MAYOR TO EXECUTE THE AGREEMENT
WHEREAS, on June 17, 1997, the City of Chula Vista and Pacific Bay
Properties ("Pacific Bay") executed an Affordable Housing Agreement as Document No.
1997 -0400741 (the "1997 Affordable Housing Agreement") as recorded by the San
Diego County Recorder's Office for the real property then known as Salt Creek Ranch for
purposes of further implementing the Developer's affordable housing obligation under
the City's Balanced Communities Policy of the Housing Element of the General Plan. The
Property is now commonly known as Rolling Hills Ranch; and
WHEREAS, in April 2002, McMillin Rolling Hills Ranch, LLC ("McMillin")
purchased from Pacific Bay the portions of Rolling Hills Ranch which had not yet been
improved with residences; and
WHEREAS, The City's Balanced Communities Policy of the Housing Element
requires the Developer to provide five percent of new units constructed as affordable to
low income households and five percent of new units constructed as affordable to
moderate-income families; and
WHEREAS, the Developer is requesting that 43 additional units be constructed in
Neighborhood 7C, formerly a site designated for the construction of a public school,
which has been determined to be a surplus school site; and
WHEREAS, the construction of the additional 43 units will result in a requirement
for Developer to provide an additional 2 units affordable to low income households; and
WHEREAS, the moderate income requirements have been satisfied and
documented by submission of a report from the Developer to the City on January 19,
2001; and
WHEREAS, the City has determined, based upon Housing Element findings, that
the unique conditions of the development of Neighborhood 7C may provide an
unreasonable hardship for the construction of affordable units within the project. Factors
include the project size, site constraints and the proposed use and price structure of the
development. and
WHEREAS, The City is willing to consider alternatives as a means to satisfying the
obligation to provide two (2) additional units affordable to low income households. The
City has determined that alternative methods support specific Housing Element policies
&,¥
and goals and are not significantly detrimental to achieving balanced residential
communities; and
WHEREAS, the City is proposing that Developer be required to provide two (2)
additional units affordable to low income households, or to provide mitigation
determined to be the equivalent thereof, no later than December 31, 2005, in
accordance with City policies and requirements in effect at the time such units or
mitigation are provided. The City prefers the construction of affordable units, which must
be in compliance with City standards and policies regarding pricing and income
restrictions; and
WHEREAS, The City shall have the right to withhold further building permits for the
Property if the Developer has not satisfied the Neighborhood 7C affordable housing
obligation before the issuance of the 2,390th building permit within the Property or if
before December 31, 2005, the City has established a viable alternative method to
satisfy the affordable housing obligation and Developer has not elected to comply; and
WHEREAS, this Affordable Housing Agreement implements affordable housing
requirements and impacts previously analyzed in the certified EIR for the Salt Creek
Ranch GDP and SPA Plan, therefore, no additional action is required under CEQA.
NOW THEREFORE, BE IT RESOLVED, by the City Council of the City of Chula Vista
that this City Council does hereby approve the Affordable Housing Agreement related to
Rolling Hills Ranch, a copy of which shall be kept on file in the Office of the City Clerk.
BE IT FURTHER RESOLVED that the Mayor of the City of Chula Vista is hereby
authorized to execute said Affordable Housing Agreement for and on behalf of the City
of Chula Vista.
Presented by Approved as to form by
4:d~ IkP
Laurie Madigan
A Moore
Community Development Director City Attorney
[Do] J:\COMMDEV\RESOS\5-18-04\Rolling Hills Ronch Affordoble Housing Agreemenl.doc
2 (p-s
EXHIBIT A
Recording Requested By
CITY CLERK
When Recorded Mail To:
CITI' CLERK'S OFFICE
276 Founh Avcnue
Chula Vista, CA 91910
-
SPACE ABOVE FOR RECORDER'S USE OXlY
AFFORDABLE HOUSI:\G AGREEMEì\'T
for
Rolling Hills Ranch Neighborhood 7C
This AFFORDABLE HOUSING AGREEMENT FOR ROLUNG HI11.S RA1':CH
NEIGHBORHOOD 7C (n Agm:meol") is entered into as of , 2004 by and between
McMillin Rolling Hills Ranch, LLC, a Delaware limited liability company ("McMillio") and the
Cily ofChula Vista, a Califomia municipal corporaùon (nCII)'"), with refcrence to the following
facts:
A. The City and Pacific Bay Propertîes, a California eorporaùon ("PaeBay"), entered
into that certain Affordable Housing Agreement dated as of June 17, 1997 and recorded in the
Official Records of San Diego County, California, on August 19, 1997 as Document No. 1997-
0400741 (the "1997 Affordable Housing Agreemenl") for the real property in the City ofChula
Vista, California, then commonly known as the Salt Creck Ranch planned development and more
particularly described in the 1997 Affordable Housing Agreement (the .Properly"). The Property
is now commonly known as Rolling Hills Ranch.
B. The 1997 Affordable Housing Agrccmcnt required the developer to designate five
percent (5%) of the total dwelling units constructed within the Property as housing affordable 10 low
income households and five percent (5%) of the Iota] dwelling units constructed within the Property
as housing affordable to moderate income households. Based on the total of2,616 residential tmits
approved for the Property pursuant to the Salt Creck Ranch SPA Plan, the low income housing
requirement for the Property was 131 units and the moderate income housing requirement for the
Property was 131 units.
C. The moderate income requiremcnts of the 1997 Affordable HousingAgreement have
been satisfied, and the low income housing requirements of the 1997 Affordable Housing Agreement
have been or will be satisfied pursuant to two project-specific affordable housing agreements.
Rom.. lI,û b«' I~_~
Ap'" )0, :00< ..,......'082"""
D. McMillin owns the ponion of the Propcny commonly known as Neighborhood 7C
and more panicularly described on Exhibit A auached ("Neighborhood 7C"). Neighborhood 7C
was previously designated for an elementary school, but the school district has chosen not to acquire
the propcny.
E. McMillin has made application to the City for the subdivision and development of
Ncighborhood 7C as a 43 lot residential subdivision. As a condition of approval of the application,
the City has required that McMillin comply with the 1997 AtTordable Housing Agreement ....;th
respect to Neighborhood 7C, which was not previously ineluded in thc calculation of total residential
units approved for the Propcny. Sufficient moderate income housing units have been constructed
within the Propeny to satisfy the moderate income housing obligation for Neighborhood 7C, but the
proposed development of Neighborhood 7C requires two (2) additional units affordable to low
income households be provided. -
F. McMillin and City wish by this Agreement to assure the provision of the two (2)
additional units affordable to low income households. on the terms described below.
:-;OW, THEREFORE, FOR VALUABLE CO~SIDERATION, receipt of which is hereby
acknowledged, the panics ag¡cc as follows:
I. Hoos!n¡: Element Flndln¡:s. The City has detcnnined thatthc unique conditions of
the development of Neighborhood 7C provide an unreasonable hardship for the construction of
affordable units within the project, based on such factors as project size, site constraints, and
difficulty in integrating due to significant price and product disparity. The City shall also consider
alternatives as a means to satisfying the obligation to provide two (2) additional units affordable to
low income households. The City has determined that alternative methods support specific Housing
Element policies and goals, assist the Ciry in compl)ing with the California Government Code as
it relates to the planning for and the pro\;sion of housing and w;1I not be significantly detrimental
to achieving balanced residential communities, and will pro\;de at a minimum the equivalent
number of required affordable units and comparable rent and occupancy restrictions.
2. Obll\,8110n to Provide Units. McMillin shall provide two (2) additional units
affordable to low income households, or provide mitigation detcnnincd to be the equivalent thereof,
no later than December 31,2005, in accordance with City policies and requirements in effect at the
time such units (or such mitigation) are provided (the "Neighborhood 7C AtTordable Housing
Obligation"). City prefers the actUal construction ofatTordable units. The construction of affordable
housing units must bein compliance with the City's standards and policics regarding pricing, income
restrictions. etc.
3. Rleht to Wlthbold Bolldin\: Permits. City shall have the right to withhold funher
building permits for the Propcny if either: (a) McMillin has not satisfied the Neighborhood 7C
AtTordable Housing Obligation before the issuance of building permits for the 2,390th residential
unit within the Propcny; or (b) ifbefore December 3 I, 2005 City has established a viable alternative
method to satisfy affordable housing obligations, and McMillin has not satisfied the Neighborhood
7C AtTordable Housing Obligation by participating in such viable alternative method.
~DII... 'I'" ~_. 7
"",I Jo.]{ItU - ~,1 "'!600-0 ,.a ".,.. ,
4. Project-Specific Aereement. Prior to thc filing of the "An Map for Village 7 of
Otay Ranch, McMillin and City enter into to and record a project-specific agreement imposing the
Neighborhood 7C Affordable Housing Obligation against either site R-6 or site R- 7 on the Draft
SPA Plan for Village 7 dated Mareh, 2004.
5. General Pro\islons.
a. Bindinl! Effect. The burdens of this Agreement bind and the benefits of the
Agreement inure to the panics' successors or assigns in interest.
-
b. Govcmin¡¡ lawN enue. This Agreement shall be govcmed by and construed
in accordance with the laws of the State of California. Any action arising under-or relating to this
Agreement shall be brought only in Federal or State couns located in San Dicgo County, State of
California. and ifapplicable. the City ofChula Vista. oras closc thereto as possible. Venue for this
Agreement and pcrfonnance thereunder, shall be the City ofChula Vista.
c. Countemarts This Agreement may be executed in any number of
counterparts. each of which will be d=ed an original. but a1l of which together will constitute one
instrument.
d. Entire Al!reemcnl. This Agreement contains the entire agreement between
the parties relating 10 the uansaelion contemplated hereby and all prior or contemporaneous
agreements, understandings, representations and statements. oral or written. are merged herein.
e. ~ All exhibits referred to in this Agrc:cmcnt arc attached, and are a
part of, this Agreement.
f. ~ Captions in this Agreement arc inserted for convenience of
refercncc only and do not define, describe or limit the: scope or the intent of this Agreement.
g. Reeordinl!. The panies hereto shall cause: this Agreement to be recorded in
the Official Reeords of the County of San Diego.
h. No Third Party Beneficiarv. No claim as a third-party beneficiary under this
Agreemenl by any person, corporation or any other entity, shall bc made valid against MeMillin or
City.
j. Assil!Tlmcnt. The rights and obligations of Me Millin under this Agreement
may be transferred or assigned, pro\;ded such transfer or assignment is made a part of the
conveyance of the fee of a1l or a portion of the Propc:ny. Any such transfer or assignment will be
subjeet to the provisions of this Agreement. During the tenD of this Agreement, any such assignee
or transferee will observe and perfonn all duties and obligations of MeMillin in this Agreement as
such duties and obligations pertain to the portion of the said Property so conveyed.
..I1,..""ü"",' 3 G&J<OO.O'OI 2"""
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........-. ....... ... ...... .... 0_"" _.oo.. .......oo-w.. ~~..nm . --- ...., '" ~.,- ,.~-
[N WITNESS WHEREOF, the parties hereto have c.'(ecuted this instrument as of the datc
first sct forth above.
McM[LLlN ROLLING HILLS RANCH. LLC.
a Delaware limited liability company
By: McMillin Management Services, LP..
a California limited parmership, ~Ianagcr
B:~ Corky ~IcMillin Construction Services, [nc.,
a California corporation, General Partner
-
CITY OF CHULA VISTA
By
Title
ATIEST:
By
Title
APPROVED AS TO FORM:
Ann P. Moore, City Attorney
By
Title
EXHIBIT "A"
LEGAL DESCRIPTION
NFIC".I-IRnRI-IOOD 7C
ST A TE OF CAUFORNIA )
) ss.
COUNTY OF SAN DIEGO )
On~, 2001, before me, CLl VV \ L " ~I
..--~ Public in and f~id State, personally appeared --UYY\ 'co,Y\\ \~ ~~
1\Àr\ C-. ~ -
_0--
"-=0-
personally known to me (or I're.~.:II" 1111: un (hI: b.,s,> of >1I<1;S¡¡"lù,)--eYÌdenee) 10 be the person@) .
whose nami$)~are subscribed 10 the within instrument and acknowledged 10 me that lleisltdthey
executed the same in =eir authorized capacit~ and thaI by ~/their signatur@on
~e instrument, the perso , or the enlÎly upon behalf of which the pcrso~) acted, executed the
Instrument.
CMOl L IOHD
. ~"aa»
IICIcIY NIle . ~
Ia11I1180 CDIØt
air c:-. --- ,... (Seal)
ST ATE OF CALIFORNIA )
) ss.
COUNTY OF SAN DIEGO )
On .200_, before me, .
Notary Publie in and for said State, personally appeared
.
personally known to me (or proved to me on the basis of satisfactory cvidence) to be the person(s)
whose name(s) islare subscnòcd to the within instrument and acknowledged to me that helshclthey
executed the same in hislher/their authorized eapacity(ics), and that by hislher/their signature(s) on
the instrument, the person(s), or the entity upon behalf of which the pcrson(s) acted, executed the
Instrument.
WITNESS my hand and official seal.
Signature (Seal)
""""_""'0
AproJ J<1:oà-1 ~- II) 04J600.0IOI2'"".6
EXHIBIT" A"
LEGAL DESCRIPTION
NEIGHBORHOOD 7C
CHULA VISTA TRACT NO. 93-03. ROLLING HILLS RANCH NEIGHBORHOOD 7C, IN THE
CITY OF CHULA VISTA. COUNTY OF SAN DIEGO. STATE OF CALIFORNIA. ACCORDING
TO MAP THEREOF NO. . FILED IN THE OFFICE OF THE SAN DIEGO COUNTY
RECORDER ON .2004. BEING A SUBDIVISION OF LOTS "A" AND -e" .
OF CHULA VISTA TRACT NO. 92-02 SALT CREEK RANCH NEIGHBORHOOD 7 UN~ NO.1.
IN THE CITY OF CHULA VISTA. COUNTY OF SAN DIEGO. STATE OF CALIFORNIA.
ACCORDING TO MAP THEREOF NO. 14164. FILED IN THE OFFICE OF THE COUNTY
RECORDER OF SAN DIEGO COUNTY. ON MARCH 14.2001.
ft./4/ dÆ 4-2~ - 2604
. /
DAVID W. AMBLER loS. 7322
HUNSAKER & ASSOCIATES SAN DIEGO. INC.
PAGE 1 OF 1 ¿,~ ) /
!:is M,\1941\OeIN.egal Defocn¡>IionslAO1 RHR NEIGH 7C _DOC
'to() 1941.S7 412&"0<
COUNCIL AGENDA STATEMENT
Item -L
Meeting Date 5/18/04
ITEM TITLE: Resolution approving the Final Map ofChula Vista Tract No. 03-13,
Rolling Hills Ranch Neighborhood 7C; approving the associated Subdivision
Improvement Agreement for the completion of improvements; and approving a
Supplemental Subdivision Improvement Agreement for Rolling Hills Ranch
Neighborhood 7C.
Resolution approving the Grant of Easements and Maintenance
Agreement for Rolling Hills Ranch Neighborhood 7C.
Resolution ordering the Summary Vacation of the Irrevocable Offer
of Dedication of Lot "A" for public Open Space and other Public Purposes per
Map No. 14164.
SUBMITTED BY: Director of General Services / City Engineer ~
REVIEWED BY: I)'"' (4/5ths Vote: Yes_NoX)
City Manage l~ y~ On August 26, 2003, City Council approved a Tentative Subdivision Map for Rolling Hills Ranch
Neighborhood 7C. Staff proposes that Council now consider approval of the Final "Boo Map, its
associated Subdivision and Supplemental Subdivision Improvement Agreements, and a Grant of
Easements & Maintenance Agreement that will allow the project to proceed.
RECOMMENDATION: That City Council adopt the resolutions.
BOARDS/COMMISSIONS: Not applicable
DISCUSSION:
The project is generally located north of Proctor Valley Road and east of Hunte Parkway within the area
of Rolling Hills Ranch designated as Neighborhood 7C. The "Boo map consistsof43 numbered lots and
2 lettered lots with a total area of 25.340 acres (Attachment 1). The Tentative Map was approved
August 26,2003 (Resolution 2003-387).
Final Map: The final map has been reviewed by the City Engineer and found to be in substantial
confonnance with the approved Tentative Map.
Council approval of the Final Map will constitute:
. Acceptance by the City of the Tree Planting and Maintenance and Sight Visibility easements
granted on said map within the Subdivision.
. Acknowledgement of the Irrevocable Offers of Dedication
1-1
----~-----~---_._- ---------
Page 2, Item ~
Meeting Date 5/18/04
Associated Agreements: In addition to the Final Map approval, staff recommends that Council
approve the following agreements associated with the project:
1. Subdivision Improvement Agreement: Requires the Developer to complete the improvements
required by said Subdivision. The Developer has bonded for and agrees to complete all street
improvements required for the approval of this "Boo Map within two years following map
approval, or sooner if construction permits for the required improvements have been issued.
2. Supplemental Subdivision Improvement Agreement: Addresses several unfulfilled conditions of
the Tentative Map approved by Resolution No. 2003-387. These conditions will remain in
effect until completed by the developer andlortheir successors(s) in interest, or until individual
lots are conveyed to individual homeowners or a Homeowners' Association (HOA).
3. Grant of Easements & Maintenance Agreement: Establishes certain specific obligations and
responsibilities for the maintenance of certain landscape areas and drainage inlets within the
public right of way that will be maintained by the HOA. The agreement sets forth the
obligations of the HOA in maintaining the public right of way.
The above agreements have been reviewed by staff, and approved as to fonD by the City Attorney.
Summary Vacation: Tentative Map Condition No.8 requires the owner to adjust the lot line between
the Project and Lot A of Map No. 14164. The Lot Line Adjustment accounts for minor grading changes
arising from a more detailed design of the Project. The Summary Vacation eliminates the previous
irrevocable offer of dedication over lot "A". A new irrevocable offer of dedication will be
acknowledged with this Final Map which reflects the new lot line for the open space lot.
FISCAL IMP ACT: There is no impact to the General Fund. The developer has paid all costs
associated with the proposed "Boo Map and agreements. The Developer has secured its share of Park
Acquisition and Development (PAD) fees for RoIling Hills Ranch neighborhood and community parks.
Attachments: 1. Plat - Chula Vista Tract 03-13, Rolling Hills Ranch, Neighborhood 7C
2. Developer's Disclosure Statement
Exhibits: A. Subdivision Improvement Agreement
B. Supplemental Subdivision Improvement Agreement.
C. Grant of Easements and Maintenance Agreement
File No. 0600-80- RH 238F
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City of Chu1a Vista Disclosure Statement
Pursuant to Council Policy 101-01, prior to any action upon matters that will require discretionary action by the
Council, Planning Commission and all other official bodies of the City, a statement of disclosure of certain
ownership or financial interests, payments, or campaign contributions for a City ofChula Vista election must be
filed. The following infonnation must be disclosed:
I. List the names of all persons having a financial interest in the property that is the subject of the
application or the contract, e.g., owner, applicant, contractor, subcontractor, material supplier.
McMillin Rolling Hills Ranch, LLC
2. If any person" identified pursuant to (1) above is a corporation or partnership, list the names of all
individuals with a $2000 investment in the business (corporation/partnership) entity.
McMillin Companies, LLC
Merced Partners Limited Partnership
Comerica Bank
3. If any person" identified pursuant to (I) above is a non-profit organization or trust, list the names of any
person serving as director of the non-profit organization or as trustee or beneficiary or trustor of the trust
4. Please identify every person, including any agents, employees, consultants, or independent contractors
you have assigned to represent you before the City in this matter.
Dave Gatzke Rodney Lubojasky
Todd Galarneau Tom Tomlinson
Frank Zaidle
5. Has any person" associated with this contract had any financial dealings with an official"" of the City of
Chula Vista as it relates to this contract within the past 12 months. Yes- No XX
-
1-IJ
City of Chula Vista Disclosure Statement
¡rYes, briefly describe the nature of the financial interest the official"" may have in this contract.
6. Have you made a contribution of more than $250 within the past twelve (12) months to a current member
of the Chula Vista City Council? No!..- Yes _If yes, which Council member?
7.
Have you provided more than $340 (or an item of equivalent value) to an official"" of the City ofChula
Vista in the past twelve (12) months? (This. includes being a source of income, money to retire a legal
debt, gift, loan, etc.) Yes - No----XX.
¡rYes, which official"" and what was the nature of item provided?
Date: 1. /{of
" Person is defined as: any individual, firm, co-partnership,joint venture, association, social club, ttaternal
organization, corporation, estate, trust, receiver, syndicate, any other county, city, municipality, district, or
other political subdivision, -or any other group or combination acting as a unit.
"" Official includes, but is not limited to: Mayor, Council member, Planning Commissioner, Member of a
board, commission, or committee of the City, employee, or staff members.
¡,lAttorn'ylfo="";,,lo,"re "at'm,", 3-6-03
1-6
RESOLUTION NO.
RESOLUTION OF THE CITY OF CHULA VISTA APPROVING THE FINAL MAP
OF CHULA VISTA TRACT NO. 03-13, ROLLING HILLS RANCH
NEIGHBORHOOD 7C; APPROVING THE ASSOCIATED SUBDIVISION
IMPROVEMENT AGREEMENT FOR THE COMPLETION OF IMPROVEMENTS;
AND APPROVING A SUPPLEMENTAL SUBDIVISION IMPROVEMENT
AGREEMENT FOR ROLLING HILLS RANCH NEIGHBORHOOD 7C.
WHEREAS, the developers, the McMillin Rolling Hills Ranch, LLC, has submitted a
final map for RoIling Hills Ranch Neighborhood 7C; and
WHEREAS, the developers have executed a Subdivision Improvement Agreement to
install public facilities associated with the project; and
WHEREAS, the developers have executed a Supplemental Subdivision Improvement
Agreement to satisfy remaining conditions of City Council Resolution No. 2003-199.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula
Vista hereby finds that that certain map survey entitled Chula Vista Tract No. 03-13, RoIling
Hills Ranch Neighborhood 7c, particularly described as follows:
Being a subdivision of lots "A" and "B" of Chula Vista Tract No. 92-02 Salt
Creek Ranch Neighborhood 7 unit no. 1 in the City of Chula Vista, County of San
Diego, State of California, according to map thereof no. 14164, filed in the office
of the County Recorder of San Diego County, on March 14, 2001.
Area: 25.340 Acres No. of Lots: 45
Numbered Lots: 43 Lettered Lots: 2
is made in the manner and fonn prescribed by law and confonns to the surrounding surveys; and
that said map and subdivision of land shown thereon is hereby approved and accepted.
BE IT FURTHER RESOLVED that said Council hereby accepts on behalf of the public
the public street, to-wit Valley Creek Circle, and said street is hereby declared to be a public
street and dedicated to the public use all as shown on said map within said subdivision.
BE IT FURTHER RESOLVED that said Council hereby accepts on behalf of the City of
Chula Vista the landscape buffer and sidewalk, and the general utility and access easements, all
as shown on Rolling Hills Ranch Neighborhood 7c within said subdivision.
BE IT FURTHER RESOLVED that the City Clerk of the City ofChula Vista is hereby
authorized and directed to endorse upon said map the action of said Council; that said Council
has approved said subdivision map, and that said public street are accepted on behalf of the
public as therefore stated and that those certain easements as granted on Rolling Hills Ranch
Neighborhood 7c within said subdivision are accepted on behalf of the City of Chula Vista as
hereinabove stated.
r¡-fp
Resolution
Page 2
BE IT FURTHER RESOLVED that that certain Subdivision Improvement Agreement for
the completion of improvements in said subdivision, a copy of which is on file in the Office of
the City Clerk is hereby approved.
BE IT FURTHER RESOLVED that that certain Supplemental Subdivision Improvement
Agreement for addressing on-going conditions of approval that will remain in effect and run with
the land for the map, a copy of which is on file in the Office of the City Clerk is hereby
approved.
BE IT FURTHER RESOLVED that the City Clerk is hereby directed to transmit said
map to the Clerk of the Board of Supervisors of the County of San Diego.
BE IT FURTHER RESOLVED that the Mayor of the City of Chula Vista is hereby
authorized and directed to execute said agreements for and on behalf of the City of Chula Vista.
Presented by Approved as to fOnD by
~;lrð-M ~ ~.~
Jack Griffin
Director of General Services City Attorney
'l-'i
THE ATTACHED AGREEMENT HAS BEEN REVIEWED
AND APPROVED AS TO FORM BY THE CITY
ATTORNEY'S OFFICE AND WILL BE
FORMALLY SIGNED UPON APPROVAL BY
THE CITY COUNCIL
¡y~ C:-&&e'<!
Ann Moore ,J
City Attorney
Dated: May 11, 2004
SIA FOR COMPLETION OF IMPROVEMENTS ON ROLLING HILLS RANCH
NEIGHBORHOOD 7C, CVT NO. 03-13
1~[f
Recording Requested by:
CITY CLERK
When Recorded, Mail to:
CITY OF CHULA VISTA
276 Fourth Avenue
ChuIa Vista, CA 91910
No transfer tax is due as this is a conveyance
to a public agency ofless than a fee interest
for which no cash consideration has been paid or
received.
Declarant
SUBDIVISION IMPROVEMENT AGREEMENT
THIS AGREEMENT, made and entered into this - day of ,2004, by and
between THE CITY OF CHULA VISTA, a municipal corporation, hereinafter called "City", and
MCMILLIN ROLLING HILLS RANCH, LLC, 2727 Hoover Avenue, National City, CA 91950,
hereinafter called "Subdivider" with reference to the facts set forth below, which Recitals
constitute a part of this Agreement;
RECITALS:
WHEREAS, Subdivider is about to present to the City Council of the City of Chula Vista
for approval and recordation, a [mal subdivision map of a proposed subdivision, to be known as
ROLLING HILLS RANCH NEIGHBORHOOD 7C (CVT 703-13) pursuant to the provisions of
the Subdivision Map Act of the State of California, and in compliance with the provisions of
Title 18 of the Chula Vista Municipal Code relating to the filing, approval and recordation of
subdivision map; and
WHEREAS, the Code provides that before said map is fmally approved by the Council of
the City of Chula Vista, Subdivider must have either installed and completed all of the public
improvements and/or land development work required by the Code to be installed in
subdivisions before final maps of subdivisions are approved by the Council for purpose of
recording in the Office of the County Recorder of San Diego County, or, as an alternative
thereto, Subdivider shall enter into an agreement with City, secured by an approved
improvement security to insure the perfonnance of said work pursuant to the requirements of
Title 18 of the Chula Vista Municipal Code, agreeing to install and complete, free of liens at
Subdivider's own expense, all of the public improvements and/or land development work
required in said subdivision within a definite period of time prescribed by said Council; and
WHEREAS, Subdivider is willing in consideration of the approval and recordation of
said map by the Council, to enter into this agreement wherein it is provided that Subdivider will
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install and complete, at Subdivider's own expense, all the public improvement work required by
City in connection with the proposed subdivision and will deliver to City improvement securities
as approved by the City Attorney; and
WHEREAS, a tentative map of said subdivision has heretofore been approved, subject to
certain requirements and conditions, as contained in Resolution No. 2003-387, approved on the
26th day of August, 2003 ("Tentative Map Resolution"); and
WHEREAS, complete plans and specifications for the construction, installation and
completion of said public improvement work have been prepared and submitted to the City
Engineer, as shown on Drawings Nos. 03149-01 to 03149-05 on file in the office of the City
Engineer; and
WHEREAS, Developer has secured improvements pursuant to this Agreement with a
Cash Bond and is desirous of substituting said Cash Bond with a Surety Bond at some point in
the future; and
WHEREAS, an estimate of the total cost of constructing said public improvements
according to said plans and specifications has been submitted and approved by the City in the
amount of SIX HUNDRED SIXTY THOUSAND DOLLARS AND NO CENTS ($660,000.00).
NOW, THEREFORE, IT IS MUTUALLY UNDERSTOOD AND AGREED AS
FOLLOWS:
1. Subdivider, for itself and his successors in interest, an obligation the burden of which
encumbers and runs with the land, agrees to comply with all of the terms, conditions and
requirements of the Tentative Map Resolution; to do and perfonn or cause to be done and
perfonned, at its own expense, without cost to City, in a good and workmanlike manner, under
the direction and to the satisfaction and approval of the City Engineer, all of the public
improvement and/or land development work required to be done in and adjoining said
subdivision, including the improvements described in the above Recitals ("Improvement Work");
and will furnish the necessary materials therefore, all in strict conformity and in accordance with
the plans and specifications, which documents have heretofore been filed in the Office of the
City Engineer and as described in the above Recitals this reference are incorporated herein and
made a part hereof.
2. It is expressly understood and agreed that all monuments have been or will be
installed within thirty (30) days after the completion and acceptance of the Improvement Work,
and that Subdivider has installed or will install temporary street name signs if pennanent street
name signs have not been installed.
3. It is expressly understood and agreed that Subdivider will cause all necessary
materials to be furnished and all Improvement Work required under the provisions of this
contract to be done on or before the second anniversary date of Council approval of the
Subdivision Improvement Agreement.
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4. It is understood and agreed that Subdivider will perfonn said Improvement Work as
set forth hereinabove, or that portion of said Improvement Work serving any buildings or
structures ready for occupancy in said subdivision, prior to the issuance of any certificate of
clearance for utility connections for said buildings or structures in said subdivision, and such
certificate shall not be issued until the City Engineer has certified in writing the completion of
said public improvements or the portion thereof serving said building or structures approved by
the City; provided, however, that the improvement security shall not be required to cover the
provisions of this paragraph.
5. It is expressly understood and agreed to by Subdivider that, in the perfonnance of said
Improvement Work, Subdivider win confonn to and abide by all of the provisions of the
ordinances of the City of Chula Vista, and the laws of the State of California applicable to said
work.
6. Subdivider further agrees to furnish and deliver to the City of Chula Vista,
simultaneously with the execution of this agreement, an approved Cash Bond from a sufficient
surety, whose sufficiency has been approved by the City in the sum of THREE HUNDRED
THIRTY THOUSAND DOLLARS AND NO CENTS ($330,000.00), which security shall
guarantee the faithful perfonnance of this contract by Subdivider and is attached hereto, marked
Exhibit "A" and made a part hereof.
7. Subdivider further agrees to furnish and deliver to the City of Chula Vista
simultaneously with the execution of this agreement, an approved Cash Bond from a sufficient
surety, whose sufficiency has been approved by the City in the sum of THREE HUNDRED
THIRTY THOUSAND DOLLARS AND NO CENTS ($330,000.00) to secure the payment of
material and labor in connection with the installation of said public improvements, which
security is attached hereto, marked Exhibit "B" and made a part hereof and the bond amounts as
contained in Exhibit "B", and made a part hereof.
8. Subdivider further agrees to furnish and deliver to the City of Chula Vista,
simultaneously with the execution of this agreement, an approved improvement security from a
sufficient surety, whose sufficiency has been approved by the City in the sum of SEVEN
THOUSAND SIX HUNDRED DOLLARS AND NO CENTS ($7,600.00) to secure the
installation of monuments, which security is attached hereto, marked Exhibit "Coo and made a
part hereof.
9. It is further agreed that if the Improvement Work is not completed within the time
agreed herein, the sums provided by said Letters of Credit and improvement securities may be
used by City for the completion of the Improvement Work within said subdivision in accordance
with such specifications herein contained or referred, or at the option of the City, as are approved
by the City Council at the time of engaging the work to be perfonned. Upon certification of
completion by the City Engineer and acceptance of said work by City, and after certification by
the Director of Finance that all costs hereof are fully paid, the whole amount, or any part thereof
not required for payment thereof, may be released to Subdivider or its successors in interest,
pursuant to the tenDS of the improvement security. Subdivider agrees to pay to the City any
difference between the total costs incurred to perfonn the work, including design and
-3- '1-//
administration of construction (including a reasonable allocation of overhead), and any proceeds
from the improvement security.
10. It is also expressly agreed and understood by the parties hereto that in no case will
the City of Chula Vista, or any department, board or officer thereof, be liable for any portion of
the costs and expenses of the work aforesaid, nor shall any officer, his sureties or bondsmen, be
liable for the payment of any sum or sums for said work or any materials furnished therefore,
except to the limits established by the approved improvement security in accordance with the
requirements of the State Subdivision Map Act and the provisions of Title 18 of the Chula Vista
Municipal Code.
11. It is further understood and agreed by Subdivider that any engineering costs
(including plan checking, inspection, materials furnished and other incidental expenses) incurred
by City in connection with the approval of the Improvement Work plans and installation of
Improvement Work hereinabove provided for, and the cost of street signs and street trees as
required by City and approved by the City Engineer shall be paid by Subdivider, and that
Subdivider shall deposit, prior to recordation of the Final Map, with City a sum of money
sufficient to cover said cost.
12. It is understood and agreed that until such time as all Improvement Work is fully
completed and accepted by City, Subdivider will be responsible for the care, maintenance of, and
any damage to, the streets, alleys, easements, water and sewer lines within the proposed
subdivision. It is further understood and agreed that Subdivider shall guarantee all public
improvements for a period of one year from date of final acceptance and correct any and all
defects or deficiencies arising during said period as a result ofthe acts or omission of Subdivider,
its agents or employees in the perfonnance of this agreement, and that upon acceptance of the
work by City, Subdivider shall grant to City, by appropriate conveyance, the public
improvements constructed pursuant to this agreement; provided, however, that said acceptance
shall not constitute a waiver of defects by City as set forth hereinabove.
13. It is understood and agreed that City, as indemnitee, or any officer or employee
thereof, shall not be liable for any injury to person or property occasioned by reason of the acts
or omissions of Subdivider, its agents or employees, or indemnitee, related to this agreement.
Subdivider further agrees to protect and hold the City, its officers and employees, harmless from
any and all claims, demands, causes of action, liability or loss of any sort, because of or arising
out of acts or omissions of Subdivider, its agents or employees, or indemnitee, related to this
agreement; provided, however, that the approved improvement security shall not be required to
cover the provisions of this paragraph. Such indemnification and agreement to hold harmless
shall extend to damages to adjacent or downstream properties or the taking of property from
owners of such adjacent or downstream properties as a result of the construction of said
subdivision and the public improvements as provided herein. It shall also extend to damages
resulting from diversion of waters, change in the volume of flow, modification of the velocity of
the water, erosion or siltation, or the modification of the point of discharge as the result of the
construction and maintenance of drainage systems. The approval of plans providing for any or
all of these conditions shall not constitute the assumption by City of any responsibility for such
damage or taking, nor shall City, by said approval, be an insurer or surety for the construction of
-4- 1-/;3-
the subdivision pursuant to said approved improvement plans. The provisions of this paragraph
shall become effective upon the execution of this agreement and shall remain in full force and
effect for ten (10) years following the acceptance by the City of the improvements.
14. Subdivider agrees to defend, indemnify, and hold harmless the City or its agents,
officers, and employees from any claim, action, or proceeding against the City or its agents,
officers, or employees to attack, set aside, void, or annul, an approval of the City, advisory
agency, appeal board, or legislative body concerning a subdivision, which action is brought
within the time period provided for in Section 66499.37 of the Government Code of the State of
California.
15. Assignability. Upon request of the Subdivider, any or all on-site duties and
obligations set forth herein may be assigned to Subdivider's successor in interest if the City
Manager in his/her sole discretion determines that such an assignment will not adversely affect
the City's interest. The City Manager in his/her sole discretion may, if such assignment is
requested, pennit a substitution of securities by the successor in interest in place and stead of the
original securities described herein so long as such substituted securities meet the criteria for
security as set forth elsewhere in this Agreement. Such assignment will be in a fonD approved
by the City Attorney.
16. Substitution of security. The City Engineer in his/her sole discretion may, if such
substitution is requested, permit a substitution of securities by the developer in place and stead of
the original Letters of Credit described herein so long as such substituted securities meet the
criteria for security as set forth elsewhere in this Agreement. Such substitution will be in a fOnD
approved by the City Attorney and recorded with a Memorandum of Understanding or like
documents as approved by the City Attorney.
SIGNATURE PAGE FOLLOWS
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.._~----- - -----------------------------
SIGNATURE PAGE
SUBDNISION IMPROVEMENT AGREEMENT
ROLLING HILLS RANCH NEIGHBORHOOD 7C
(CVT 703-13)
IN WITNESS WHEREOF, the parties hereto have caused this agreement to be executed
the day and year first hereinabove set forth.
THE CITY OF CHULA VISTA MCMILLIN ROLLING HILLS RANCH,
LLC
a Delaware limited liability company
a California limited partnership
Its: Manager
Stephen C. Padilla By: Corky McMillin Construction Service
Mayor of the City ofChula Vista Inc., a California corporation
Its: General Partner
ATTEST <~
By: ~
Susan Bigelow J¡¡?> f~/~-INI
City Clerk Its:
Approved as to fonD by By: 1~
'J'~'
Ann Moore
City Attorney
(Attach Notary Acknowledgment)
J:\attomey\SIAlRolling Hills Ranch N-7C
-6- 1-1'/
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McMillin Land Development
A eot'" "."'111, eom,~y
}
STATE OF CALIFORNIA }ss.
COUNTY OF SAN DIEGO }
On April 28. 2004 , before me, Brenda N. Henderson, Notary Public
personally appeared Tom Tomlinson and Dave C. Gatzke, personally known to me to be the
persons whose names are subscribed to the within instrument and acknowledged to me that
they executed the same in their authorized capacities, and that by their signatures on the
instrument the persons or the entity upon behalf of which the persons acted, executed the
instrument.
WITNESS my hand and official seal.
Signature ØJ;ð 7;{, 4:Lr~'fl]»---
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<: ',..::,. 8tiE't:D,~ N. HENDERSON
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Thi.....'oooffld,'oo,""'...'
McMillin Rolling Hills Ranch Subdivision Improvement Agreement for Neighborhood 7C (CVT 703-
13)
1-/5
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M,Millin R..lty M,Millin MO<'g¡og' M,Millin L.nd Omlopm,nt M,MiIlin Hom.. M,MiIlin Commucial
Corporale Office' 2727 Hoover Avenue' National City. CA 91950 ' Tel (619) 477-4117 ' Fax (619) 336-3112 ' www.mcmillin.com
No,"" Fo",,"> """"" c,-"""..
LIST OF EXHIBITS
Exhibit "A" Improvement Security - Faithful Perfonnance
Fonn: Cash Bond
Receipt No. CtZ- 01 '18"13
Amount: $330,000.00
Exhibit "B" Improvement Security - Material and Labor:
Fonn: Cash Bond
Receipt No. C~ó ¡'\8<:J3
Amount: $330,000.00
Exhibit "C" Improvement Security - Monuments:
Fonn: Bond
Amount: $7,600.00
Securities approved as to fonD and amount by
City Attorney
Improvement Completion Date: Two (2) years from date of City Council approval of the
Subdivision Improvement Agreement.
J:IAttomey\SIAIRolling Hills Ranch N.7C
-7- 'I-It¡;
THE ATTACHED AGREEMENT HAS BEEN REVIEWED
AND APPROVED AS TO FORM BY THE CITY
ATTORNEY'S OFFICE AND WILL BE
FORMALLY SIGNED UPON APPROVAL BY
THE CITY COUNCIL
(j¿~~ d: Jìt c Ú~~'CJ
fI 1\nn Moore
City Attorney
Dated: May 11. 2004
SUPPLEMENTAL SUBDIVISION IMPROVEMENT AGREEMENT FOR ROLLING
HILLS RANCH NEIGHBORHOOD 7C, CVT NO. 03-13
1-/1
RECORDING REQUEST BY: )
)
City Clerk )
)
WHEN RECORDED MAIL TO: )
)
CITY OF CHULA VISTA )
276 Fourth Avenue )
Chula Vista, CA 91910 )
)
No transfer tax is due as this is a )
conveyance to a public agency of )
less than a fee interest for which )
no cash consideration has been paid )
or received. )
)
Above Space for Recorder's Use
RH223F
SUPPLEMENTAL SUBDIVISION IMPROVEMENT AGREEMENT
FOR CHULA VISTA TRACT NO. 03-13,
ROLLING HILLS RANCH NEIGHBORHOOD 7C
(Conditions 1, 2, 3, 6,13,16,19,20,22,24,27,36,37,65,67,68,69,70,71,72, 76, 77,
79,81,84,85,87,88,89,90,91,97,98,99, and 100 of Resolution 2003-387 for Chula
Vista Tract No. 03-13, Rolling Hills Ranch, Neighborhood 7C.)
This Supplemental Subdivision Improvement Agreement ("Agreement") is made this
_day of , 2004, by and between THE CITY OF CHULA VISTA,
California ("City" or "Grantee" for recording purposes only) and MCMILLIN ROLLING
HILLS RANCH, LLC, A DELAWARE LIMITED LIABILITY COMPANY ("Developer" or
"Grantor"), with reference to the facts set forth below, which recitals constitute a part of this
Agreement:
RECITALS
A This Agreement concerns and affects certain real property located in Chula Vista,
California, more particularly described on Exhibit "A" attached hereto and
incorporated herein ("Property"). The Property is referred to as Rolling Hills Ranch
Neighborhood 7C, Chula Vista Tract No. 03-13. For purposes ofthis Agreement the
term "Project" shall mean "Property".
-1 -
1-/8
B. Developer is the owner of the Property.
C. Developer has applied for and the City has approved a Tentative Subdivision Map
commonly referred to as Chula Vista Tract No. 03-13, Rolling Hills Ranch
Neighborhood 7C, ("Tentative Subdivision Map") forthe subdivision of the Property.
D. The City has adopted Resolution 2003-387 ("Resolution") pursuant to which it has
approved the Tentative Subdivision Map subject to certain conditions as more
particularly described in the Resolution.
E. City is willing, on the premises, security, terms and conditions herein contained to
approve the Final Map for which Developer has applied as being in substantial
conformance with the Tentative Subdivision Map described in this Agreement.
NOW, THEREFORE, in exchange for the mutual covenants, terms and conditions herein
contained, the parties agree as set forth below.
1. Agreement Applicable to Subsequent Owners
1.1 Agreement Binding Upon Successors. This Agreement shall be binding
upon and inure to the benefit of the successors, assigns and interests ofthe parties
as to any or all of the Property until released by the mutual consent of the parties.
1.2 Agreement Runs with the Land. The burden of the covenants contained in
this Agreement ("Burden") is for the benefit of the Property and the City, its
successors and assigns and any successor in interest thereto. City is deemed the
beneficiary of such covenants for and in its own right and for the purposes of
protecting the interest of the community and other parties public or private, in whose
favor and for whose benefit of such covenants running with the land have been
provided without regard to whether City has been, remained or are owners of any
particular land or interest therein. If such covenants are breached, the City shall
have the right to exercise all rights and remedies and to maintain any actions or
suits at law or in equity or other proper proceedings to enforce the curing of such
breach to which it or any other beneficiaries of this agreement and the covenants
may be entitled.
1.3 Developer Release on Guest Builder Assignments. If Developer assigns
any portion of the Project, Developer may have the right to obtain a release of any
of Developer's obligations under this Agreement, provided Developer obtains the
prior written consent of the City to such release. Such consent may be granted
-2-
7-/1
under the authority of the City Manager, at his/her sole discretion. Such assignment
shall, however, be subject to this Agreement and the Burden of this Agreement shall
remain a covenant running with the land. The City shall not withhold its consent to
any such request for a release so long as the assignee acknowledges that the
Burden of the Agreement runs with the land, assumes the obligations of the
Developer under this Agreement, and demonstrates, to the reasonable satisfaction
of the City, its ability to perform its obligations under this Agreement as it relates to
the portion of the Project which is being acquired by the Assignee.
1.4 Partial Release of Developer's Assignees. If Developer assigns any
portion of the Project subject to the Burden of this Agreement, upon request by the
Developer or its assignee, the City shall release the assignee of the Burden of this
Agreement as to such assigned portion if such portion has complied with the
requirements of this Agreement and such partial release will not, in the opinion of
the City, jeopardize the likelihood that the remainder of the Burden will not be
completed.
1.5 Release of Individual Lots. Upon the occurrence of any of the following
events, Developer shall, upon receipt of the prior written consent of the City
Manager (or Manager's designee), have the right to release any individuallot(s)
from Developer's obligation under this Agreement upon:
a. The execution of a purchase agreement for the sale of a
residential lot to a buyer of an individual housing unit;
b. The conveyance of a lot to a Homeowner's Association;
1.5 Implement Mitigation Measures. Developer shall diligently implement, or
cause the implementation of all mitigation measures pertaining to the Project
identified in FEIR 89-03 and FSEIR 91-03. Any such measures not satisfied by a
specific condition or by the project design shall be implemented to the satisfaction of
the Director of Planning and Building. Mitigation Measures shall be monitored via
the Mitigation Monitoring Program approved in conjunction with the EIR and
Addendum. Modification of the sequence of mitigation shall be at the discretion of
the Director of Planning and Building should changes in the circumstances warrant
such revision.
2. Implement the Public Facilities Financing Plan. Developer shall install public
facilities in accordance with the Salt Creek Ranch SPA Public Facilities Financing
Plan as amended or as required by the City Engineer to meet threshold standards
adopted by the City of Chula Vista. The City Engineer and Planning and Building
Director may, at their discretion, modify the sequence of improvement construction
-3 -
r¡-)--fJ
- -----------------------
should conditions change to warrant such a revision.
3. Condition No.1 of Resolution 2003.387 (General Preliminary). In satisfaction of
Condition No. 1 of Resolution 2003-387, the Developer agrees to and
acknowledges all of the terms, covenants and conditions contained in the
Resolution shall be binding upon and inure to the benefit of the heirs, successors,
assigns and representatives of the Developer as to any or all of the property. For
purposes of this document the term "Developer" shall also mean "Applicant".
4. Condition No.2 of Resolution 2003.387 (General Preliminary). In satisfaction of
Condition No.2 of Resolution 2003-387, the Developer agrees to comply with all
requirements and guidelines of the City of Chula Vista General Plan; the City's
Growth Management Ordinance; Chula Vista Landscape Manual, Chula Vista
Design Plan, Subdivision Manual, Salt Creek Ranch Affordable Housing Program,;
FEIR 89-03, FSEIR 91-03 and Addendum; the Salt Creek Ranch General
Development Plan (GDP) approved by City Council Resolution 15875 on
September 25, 1990 and amended by City Council Resolution 2001-103 on April
10,2001, and amended by City Council Resolution 2003-198 on May 13, 2003; the
Salt Creek Ranch Sectional Planning Area (SPA) Plan approved by the City Council
Resolution No. 16555 on March 24, 1992 and amended by City Council Resolutions
2001-103,2003-198, and 2003-386; the Rolling Hills Ranch Planned Community
District Regulations and Land Use Map approved by City Council Ordinance No.
2499 on April 7,1992 and amended by Ordinance No. 2725 on March 17, 1998,
and amended by Ordinance No. 2833 on April 24, 2001, and amended by
Ordinance No. 2932 on September 16, 2003; the Public Facilities Financing Plan
approved by City Council Resolution 16555 on March 24, 1992 and amended by
Resolution 2000-190 on April 10, 2001, and amended by City Council Resolution
2003-386 on August 26,2003; the Tentative Subdivision Map for Salt Creek Ranch,
Chula Vista Tract 92-02 previously approved by City Council Resolution Number
16834 on October 6, 1992 and amended by City Council Resolution 2000-190 on
June 13,2000; and the Agreement for Monitoring of Building Permits approved by
City Council Resolution 2003-166 on April 15, 2003, unless specifically modified by
the appropriate department head, with the approval of the City Manager. These
plans may be subject to minor modifications by the appropriate department head,
with the approval of the City Manager, however, any material modifications shall be
subject to approval by the City Council.
5. Condition No.3 of Resolution 2003-387 (General Preliminary). In satisfaction of
Condition No.3 of Resolution 2003-387, the Developer agrees to and
acknowledges that if any of the terms, covenants or conditions contained in the
Resolution shall fail to occur or if they are, by their terms, to be implemented and
-4-
7-;;'/
maintained over time, if any of such conditions fail to be so implemented and
maintained according to their terms, the City shall have the right to revoke or modify
all approvals herein granted including issuance of building permits, deny, orfurther
condition the subsequent approvals that are derived from the approvals herein
granted, institute and prosecute litigation to compel their compliance with said
conditions or seek damages for their violation. The Developer shall be notified 10
days in advance prior to any of the above actions being taken by the City and shall
be given the opportunity to remedy any deficiencies identified by the City.
6. Condition No.6 of Resolution 2003-387 (Landscape and Irrigation Plans). In
satisfaction of Condition No.6 of Resolution 2003-387, the Developer agrees to and
acknowledges that prior to the issuance of each street construction permit for the
project, the Developer shall prepare and secure, to the satisfaction of the City
Engineer and the Director of General Services, for parkway and median landscape
and irrigation plans. All plans shall be prepared in accordance with the current
Chula Vista Landscape Manual and the Rolling Hills Ranch SPA Plan, as may be
amended from time to time. Applicant shall install all improvements in accordance
with approved plans to the satisfaction of the Director Of General Services and the
City Engineer.
7. Condition No. 13 of Resolution 2003-387 (Sight Visibility). In satisfaction of
Condition No. 13 of Resolution 2003-387, the Developer agrees to design
landscape and irrigation plans such that street tree placement is not in conflict with
the sight visibility of any traffic signage. The Developer shall be responsible for the
removal of any obstructions within the sight visibility of said traffic signs to the
satisfaction of the City Engineer.
8. Condition No. 16 of Resolution 2003-387 (Temporary Turn Around). In
satisfaction of Condition No. 16 of Resolution 2003-387, the Developer agrees to
construct a temporary turnaround or street improvements, upon the request of and
as determined necessary by the City Engineer and Fire Marshal, at the end of
temporarily stubbed streets greater than 150 ft. in length (as measured from the
nearest street centerline intersection).
9. Condition No. 19 of Resolution 2003-387 (ADA). In satisfaction of Condition No.
19 of Resolution 2003-387, the Developer agrees to construct sidewalks and
construct pedestrian ramps on all walkways to meet "Americans with Disabilities
Act" standards and subject to approval of the City Engineer. In the event the
Federal Government adopts ADA standards for street rights-of-way, which are in
conflict with the standards and approvals contained herein, all such approvals
conflicting with those standards shall be updated to reflect those standards. Unless
-5 -
r¡ - ).;;;-
- --_.~---------_. ------------
otherwise required by federal law, City ADA standards may be considered vested,
as determined by Federal regulations, only after construction has commenced.
10. Condition No. 20 of Resolution 2003-387 (Facilities within Right Of Way). In
satisfaction of Condition No. 20 of Resolution 2003-387, the Developer agrees to
not install privately owned water, or other utilities crossing any public street. The
installation of sleeves for future construction of privately owned facilities may be
allowed subject to the review and approval of the City Engineer if the following is
accomplished:
a. The Developer enters into an agreement with the City where the
Developer agrees to the following:
i. Apply for an encroachment permit for installation of the
private facilities within the public right-of-way; and
ii. Maintain membership in an advance notice such as the
USA Dig Alert Service; and
iii. Mark out any private facilities owned by the Developer
whenever work is performed in the area; and
iv. The terms of this agreement shall be binding upon the
successors and assigns of the Developer.
b. Shutoff devices as determined by the City Engineer are provided at
those locations where private facilities traverse public streets.
11. Condition No. 22 of Resolution 2003-387 (Street Name Signs). In satisfaction of
Condition No. 22 of Resolution 2003-387, the Developer agrees to install permanent
street name signs, and shall install such signs prior to the issuance of the first
building permit for the applicable final map.
12. Condition No. 24 of Resolution 2003-387 (Open Space! Environmental). In
satisfaction of Condition No. 24 of Resolution 2003-387, the Developer agrees to
and acknowledges that the approval of this map by the City of Chula Vista does not
authorize the applicant to violate any Federal, State or City laws, ordinances,
regulations or policies, including but not limited to the Federal Endangered Species
Act of 1973 and any amendments thereto (16 U.S.C. Section 1531 et seq.).
13. Condition No. 36 of Resolution 2003-387 (Water Quality Maintenance). In
satisfaction of Condition No. 36 of Resolution 2003-387, the Developer agrees to
-6 -
7-;23
develop and comply with a post construction water quality maintenance and
monitoring plan acceptable to the City Engineer identifying thresholds for all
pollutants, the frequency of monitoring, standards for record keeping, procedures
and frequency of maintenance and funding sources to implement the plan.
14. Condition Nos. 27 and 37 of Resolution 2003-387 (Storm Water Compliance).
In satisfaction of Condition Nos. 27 and 37 of Resolution 2003-387, the Developer
agrees to design the storm drains and other drainage facilities to include BMP's to
minimize non-point source pollution, satisfactory to the City Engineer.
a. The Development shall comply with all applicable regulations
established by the United States Environmental Protection Agency
(USEPA), as set forth in the National Pollutant Discharge Elimination
System (NPDES), permit requirements for urban runoff and storm
water discharge, the Clean Water Act, and any regulations adopted
by the City of Chula Vista, pursuant to the NPDES regulations or
requirements. Further, the Developer shall file a Notice of Intent with
the State Water Resources Control Board to obtain coverage under
the NPDES General Permit for Storm Water Discharges Associated
with Construction Activity and shall implement a Storm Water
Pollution Prevention Plan (SWPPP) concurrent with the
commencement of grading activities. The SWPPP shall include both
construction and post construction pollution prevention and pollution
control measures and shall identify funding mechanisms for post
construction control measures.
b. The developer shall comply with all the provisions of the NPDES
Permit during and after all phases of the development process,
including, but not limited to, mass grading, rough grading,
construction of street and landscaping improvements, and
construction of dwelling units. The Developer shall incorporate in the
project design water quality and watershed protection principal and
post construction Best Management Practices (BMP's) selected
-7- '7- ;). '-f
contained within the project.
d. Prior to approval of any grading, construction, and building permits
for the project, the Developer shall demonstrate to the satisfaction of
the City Engineer compliance with all of the applicable provisions of
the municipal code, the City of Chula Vista Storm water Management
Standards Requirement Manual (including the Regional Water Quality
Control Board Municipal Permit 2001-01) and the City of Chula Vista
SUSMP, including revision of plans as necessary. The Developer
shall incorporate into the project planning and design effective post-
construction BMP's and provide all necessary studies and reports
demonstrating compliance with the applicable regulations and
standards. BMP's shall be identified and implemented that
specifically prevent pollution of storm drain systems to the Maximum
Extent Practicable (MEP) from certain project feature, land use, areas
and activities.
e. Indemnify, and hold harmless the City, its elected and appointed
officers and employees, from and against all fines, costs, and
expenses arising out of non-compliance with the requirements of the
NPDES regulations, in connection with the execution of any
construction and/or grading work for the project, whether the non-
compliance results from any action by the Developer, any agent or
employee, subcontractors, or others. The Developer's indemnification
shall include any and all costs, expenses, attorney's fees and liability
incurred by the City.
15. Condition No. 65 of Resolution 2003-387 (EIR). In satisfaction of Condition No.
65 of Resolution 2003-387, the Developer agrees to indemnify, protect, defend and
hold the City harmless from and against any and all claims, liabilities and costs,
including attorney's fees, arising from challenges to the Environmental Impact
Report and subsequent environmental review for the project and any or all
entitlements and approvals issued by the City in connection with the project.
16. Condition No. 67 of Resolution 2003-387 (Building Permits). In satisfaction of
Condition No. 67 of Resolution 2003-387, the Developer agrees to the following:
a. Notwithstanding any provisions set forth elsewhere in these
conditions, the City may withhold building permits for the subject
subdivision if any of the following occur:
i. Regional development threshold limits set by the City
have been reached or in order to have the project comply
-s - '7-,;25
with the Growth Management Program as may be
amended from time to time.
ii. Traffic volumes, levels of service, public utilities and/or
services either exceed the adopted City threshold
standards or fail to comply with then effective Growth
Management Ordinance, and Growth Management
Program and any amendments thereto. Public utilities shall
include, but not be limited to, air quality, drainage, sewer
and water.
iii. The required public facilities, as identified in the PFFP,
or as amended or otherwise conditioned have not been
completed or constructed to the satisfaction of the City.
The Developer may propose changes in the timing and
sequencing of development and the construction of
improvements affected. In such case, the PFFP may be
amended, as approved by the City's Director of Planning
and Building and the Director of Engineering.
b. To defend, indemnify and hold harmless the City and its agents,
officers and employees, from any claim, action or proceeding against
the City, or its agents, officers or employees, to attack, set aside, void
or annul any approval by the City, including approval by its Planning
Commission, City Council or any approval by its agents, officers, or
employees with regard to this subdivision pursuant to Section
66499.37 of the State Map Act provided the City promptly notifies the
Developer of any claim, action or proceeding and on the further
condition that the City fully cooperates in the defense.
c. To ensure that all franchised cable television companies ("Cable
Company") are permitted equal opportunity to place conduit and
provide cable television service to each lot within the subdivision.
Developer agrees that the City of Chula Vista may grant access to
cable companies franchised by the City of Chula Vista to place
conduit within the City's easement situated within the project.
Developer shall restrict access to the conduit to only those franchised
cable television companies who are, and remain in compliance with,
all other rules, regulations, ordinances and procedures regulating and
affecting the operation of cable television companies as same may
have been, or may from time to time be issued by the City of Chula
Vista.
d. That the City may withhold the issuance of building permits for the
project, should the Developer be determined by the City to be in
.9. '7 - ;>. t,P
breach of any of the terms of the Tentative Map Conditions or any
Supplemental Agreement. The City shall provide the Developer of
notice of such determination and allow the Developer reasonable time
to cure said breach.
e. To hold the City harmless from any liability for erosion, siltation or
increase flow of drainage resulting from this project.
17. Condition No. 68 of Resolution 2003-387 (CMP). In satisfaction of Condition No.
68 of Resolution 2003-387, the Developer agrees to the following:
a. Participate, on a fair share basis, in any deficiency plan or financial
program adopted by SANDAG to comply with the Congestion
Management Program (CMP).
b. To not protest the formation of any future regional impact fee
program or facilities benefit district to finance the construction of
regional facilities.
18. Condition No. 69 of Resolution 2003-387 (Street Sweeping). In satisfaction of
Condition No. 69 of Resolution 2003-387, the Developer agrees to contract with the
City's current street sweeping franchisee, or other server approved by the City
Engineer to provide public street sweeping, if any, for each phase of development
on a frequency and level of service comparable to that provided for similar areas of
the City. The Developer shall cause street sweeping to commence immediately
after the final residence, in each phase, is occupied and shall continue sweeping
until such time that the City has accepted the street or 60 days after the completion
of all punch list items, whichever is shorter. The Developer further agrees to
provide the City Special Operations Manager with a copy of the memo requesting
street sweeping service, which memo shall include a map of areas to be swept and
the date the sweeping will begin.
19. Condition No. 70 of Resolution 2003-387 (Impact fee Program). In satisfaction
of Condition No. 70 of Resolution 2003-387, the Developer agrees to equitably
participate in any future regional impact fee program for regional facilities should the
region enact such a fee program to assist in the construction of such facilities. The
Developer also agrees to not protest the formation of any potential future regional
benefit assessment district formed to finance regional facilities.
20. Condition No. 71 of Resolution 2003-387 (Interim Facilities). In satisfaction of
Condition No. 71 of Resolution 2003-387, the Developer agrees to and
acknowledges that the maintenance and demolition of all interim facilities (public
facilities, utilities and improvements) is the Developer's responsibility, and that
-10 - '7-;) 7
construction and demolition bonds will be required to the satisfaction of the City
Engineer.
21. Condition No. 72 of Resolution 2003-387 (Open Space). In satisfaction of
Condition No. 72 of Resolution 2003-387, the Developer agrees to construct all
landscape improvements to the satisfaction of the Director of General Services as
outlined in Exhibit "B".
22. Condition No. 76 of Resolution 2003-387 (HOA). In satisfaction of Condition No.
76 of Resolution 2003-387, the Developer agrees to and acknowledges that future
property owners shall be notified during escrow, by a document to be initialed by the
owners, of the maintenance responsibilities of the HOA and their estimated annual
cost. Developer shall submit the document and obtain the approval of the City
Engineer and Director of Planning and Building prior to close of escrow.
23. Condition No. 77 of Resolution 2003-387 (Open Space Maintenance). In
satisfaction of Condition No. 77 of Resolution 2003-387, the Developer agrees to
and acknowledges that HOA will be responsible for the maintenance of all brow
ditches within Open Space Lot "A".
24. Condition No. 79 of Resolution 2003-387 (Street Trees). In satisfaction of
Condition No. 79 of Resolution 2003-387, the Developer agrees to install all street
trees in accordance with Section 18.28.10 of the Chula Vista Municipal Code or as
shown on the Landscape and Irrigation Plans outlined on Exhibit "B". All street
trees shall be selected from the list set forth in the Project's Landscape Master Plan
and shall be planted as approved by the Director of Planning and Building. The
Developer will maintain street tree identification stakes in location as shown on
approved preliminary plans until all dry utilities are in place. The Developer shall
provide root control methods per the requirements of the Director of Planning.
Developer further agrees to:
a. Complete preliminary street improvement plans that show the location
of all future street trees, which will be subject to the review and approval of
the Director of General Services and the Director of Planning & Building.
b. Place wood stakes on site prior to utility installation according to
approved preliminary street tree plans and shall be painted a bright color and
labeled as future street tree location.
c. Provide the City documentation, acceptable by the Director of General
Services and the Director of Planning and Building, that all utility companies
have been given notice that no dry utility line shall be located within five feet
-11- '7-;)-'3
of the wood stake in any direction.
d. Maintain street tree identification stakes in location as shown on
approved preliminary plans until all dry utilities are in place.
e. Submit final street tree improvement plans, including mailbox
locations, for review and subject to the approval of the Director of Planning
and Building and the City Engineer prior to or concurrent with the second
submittal of street improvement plans within the subdivision. Approvalofthe
street tree improvement plans shall constitute final approval of the selection
of street trees for the street parkways.
25. Condition No. 81of Resolution 2003-387 (Perimeter Walls). In satisfaction of
Condition No. 810f Resolution 2003-387, the Developer agrees to have future
property owners of lots adjacent to open space lots sign a statement at the time of
property purchase, indicating that they are aware and acknowledge that the
perimeter walls within open space lots are the property of the HOA, and that they
may not modify or supplement the wall, or encroach onto open space property.
These restrictions shall also be reflected in the CC&R's that are recorded against
each property.
26. Condition No. 84 of Resolution 2003-387 (Landscape Plans). In satisfaction of
Condition No. 84 of Resolution 2003-387, the Developer agrees to prepare, obtain
the approval of and secure to the satisfaction of the Director of Planning & Building
all landscape and irrigation slope erosion control plans or Landscape and Irrigation
Plans. All plans shall be prepared in accordance with the current Chula Vista
Landscape Manual and Grading Ordinance, as may be amended from time to time.
Applicant shall install landscape and irrigation slope erosion control in accordance
with approved plans no later than six months from the date of issuance of the
grading permit. If the work cannot be completed within the specified time, the
Applicant may request an extension, which may be granted at the discretion of the
Director of Planning & Building. Such a request shall be submitted for approval in
writing to the Planning & Building Department sufficiently in advance of the end of
the six-month timeframe to allow processing of the extension. Notwithstanding the
time of installation of landscape and irrigation slope erosion control, Applicant shall
remain in compliance with NPDES.
27. Condition No. 85 of Resolution 2003-387 (Fire). In satisfaction of Condition No.
85 of Resolution 2003-387, the Developer agrees to comply with the Fire
Department's codes and policies for Fire Prevention, as may be amended from time
to time. Prior to the issuance of any building permit(s) for the project, the Developer
shall provide the following items prior to delivery of combustible materials on any
- 12 - ~ -' ,;:). c¡
construction site on the project:
a. Water supply consisting of fire hydrants as approved and indicated by
the Fire Department during plan check to the satisfaction of the Fire
Department. Any temporary water supply source is subject to prior approval
by the Fire Marshal.
b. Emergency vehicle access consisting of a minimum first layer of hard
asphalt surface or concrete surface, with a minimum standard width of 20
feet or acceptable alternative subject to approval of the Fire Marshall and in
compliance with the U.F.C.
c. Street signs installed to the satisfaction of the Department of Public
Works. Temporary street signs shall be subject to the approval of the
Department of Public Works and Fire Department. Locations and
identification of temporary street signs shall be subject to review and
approval by the Department of Public Works and Fire Department.
28. Condition No. 87 of Resolution 2003.387 (Fire). In satisfaction of Condition No.
87 of Resolution 2003-387, the Developer agrees to and acknowledges that in
addition to those fire hydrants depicted on the tentative map, the Developer shall
install additional fire hydrants upon request and to the satisfaction of the Fire
Department.
29. Condition No. 88 of Resolution 2003.387 (Compliance with Municipal Code).
In satisfaction of Condition No. 88 of Resolution 2003-387, the Developer agrees to
comply with all applicable sections of the Chula Vista Municipal Code. Preparation
of the final map for the project and all plans shall be in accordance with the
provisions of the Subdivision Map Act and the City of Chula Vista Subdivision
Ordinance and Subdivision Manual. Developer further agrees to underground all
utilities within the subdivision in accordance with Municipal Code requirements.
30. Condition No. 89 of Resolution 2003.387 (Fees). In satisfaction of Condition No.
89 of Resolution 2003-387, the Developer agrees to pay the following fees in
accordance with the City Code and Council Policy:
a. Signal Participation Fees.
b. The Transportation and Public Facilities Development Impact Fees
including the Recreation Development Impact Fees.
c. All applicable sewer fees, including but not limited to sewer
connection fees.
-13 - 7-30
d. Interim State Route 125 impact fee, as applicable.
e. Salt Creek Sewer Basin DIF.
f. Pumped Sewer DIF
Developer agrees to pay the amount of the above fees in effect at the time of
issuance of building permits.
31. Condition No. 90 of Resolution 2003.387 (Compliance). In satisfaction of
Condition No. 90 of Resolution 2003-387, the Developer agrees to comply with all
relevant Federal, State, and Local regulations, including the Clean Water Act. The
Developer shall be responsible for providing all required testing and documentation
to demonstrate said compliance as required by the City Engineer.
32. Condition No. 91 of Resolution 2003-387 (Taxes & Assessments). In
satisfaction of Condition No. 91 of Resolution 2003-387, the Developer agrees to
ensure that prospective purchasers sign a "Notice of Special Taxes and
Assessments" pursuant to Municipal Code Section 5.46.020 regarding projected
taxes and assessments.
33. Condition No. 97 of Resolution 2003-387 (AQIP). In satisfaction of Condition No.
97 of Resolution 2003-387, the Developer agrees to comply with all provisions of
the project's Air Quality Improvement Plan (AQIP). The Developer further agrees to
implement all AQIP measures as approved by the City Council, and to comply and
remain in compliance with the AQIP.
34. Condition No. 98 of Resolution 2003-387 (AQIP). In satisfaction of Condition No.
98 of Resolution 2003-387, the Developer agrees to and acknowledges that the City
Council may from time to time modify air quality improvement and energy
conservation measures related to new development as various technologies and/or
programs change or become available. The Developer shall be required to modify
the Air Quality Improvement Plan (AQIP) to incorporate those new measures, which
are in effect at the time, prior to or concurrent with each final map approval within
the project. The new measures shall apply, as applicable, to development within all
future final map areas, but shall not be retroactive to those areas, which received
final map approval prior to effect of the subject new measures.
35. Condition No. 99 of Resolution 2003-387 (WCP). In satisfaction of Condition No.
99 of Resolution 2003-387, the Developer agrees to comply with all provisions of
- 14 - r¡- 3/
the Project's Water Conservation Plan (WCP). The Developer hereby agrees to
implement all WCP measures as approved by the City Council, and to comply and
remain in compliance with the WCP.
36. Condition No. 100 of Resolution 2003-387 (WCP). In satisfaction of Condition
No. 100 of Resolution 2003-387, the Developer agrees to and acknowledges that
the City Council may from time to time modify water conservation measures related
to new development as various technologies and/or programs change or become
available. The Developer shall be required to modify the Water Conservation Plan
(WCP) to incorporate those new measures, which are in effect at the time, prior to
or concurrent with each final map approval within the project. The new measures
shall apply to development within all future final map areas, but shall not be
retroactive to those areas, which received final map approval prior to effect of the
subject new measures.
37. Satisfaction of Conditions. City agrees that the execution of this Agreement
constitutes satisfaction or partial satisfaction of Developer's obligation for this
Project of Conditions 1,2,3,6,13,16,19,20,22,24,27,36,37,65,67,68,69,70,
71,72,76,77,79,81,84,85,87,88,89,90,91,97,98,99, and 100 of Resolution
2003-387 for Chula Vista Tract No. 03-13, Rolling Hills Ranch, Neighborhood 7C.
38. Unfulfilled Conditions. Developer hereby agrees, unless otherwise conditioned,
that Developer shall comply with all unfulfilled conditions of approval ofthe McMillin
Rolling Hills Ranch Neighborhood 7C, Chula Vista Tract No. 03-13 Tentative Map
(adopted by Resolution 2003-387) and shall remain in compliance with and
implement the terms, conditions and provisions of the Resolution.
39. Previous Agreements. The Developer agrees to comply with all previous
agreements as they pertain to the Tentative Maps 03-13 and 92-02 including but
not limited to "Agreement for Monitoring of Building Permits" approved by City
Council pursuant to City Resolution 2003-166.
40. Recording. This Agreement, or an abstract hereof prepared by either or both
parties, may be recorded by either party.
41. Assignability. Upon request of the Developer, any or all on-site duties and
obligations set forth herein may be assigned to subdivider's successor in interest if
the City Manager in his/her sole discretion determines that such an assignment will
not adversely affect the City's interest. The City Manager in his/her sole discretion
may, if such assignment is requested, permit a substitution of securities by the
successor in interest in place and stead of the original securities described herein,
-15 - 7- 3;>-
-----_._-_._----~--~_._-_.__._-
so long as such substituted securities meet the criteria for security as set forth
elsewhere in this Agreement. Such assignment will be in a form approved by the
City Attorney.
42. Building Permits. Developer understands and agrees that the City may withhold
the issuance of building permits for the Project, should the Developer be determined
by the City to be in breach of any of the terms of this Agreement. The City shall
provide the Developer of notice of such determination and allow the Developer with
reasonable time to cure said breach.
43. Miscellaneous.
a. Notices. Unless otherwise provided in this Agreement or by law, any and all
notices required or permitted by this Agreement or by law to be served on or
delivered to either party shall be in writing and shall be deemed duly served,
delivered, and received when personally delivered to the party to whom it is
directed, or in lieu thereof, when three (3) business days have elapsed
following deposit in the U.S. mail, certified or registered mail, return receipt
requested, first-class postage prepaid, addressed to the address indicated in
this Agreement. A party may change such address for the purpose of this
paragraph by giving written notice of such change to the other party.
CITY OF CHULA VISTA
276 Fourth Avenue
Chula Vista, CA 91910
Attn: Director of General Services
Developer:
McMillin Companies
2727 Hoover Ave.
National City, California 91950
Attn: Frank Zaidle
A party may change such address for the purpose of this paragraph by giving
written notice of such change to the other party in the manner provided in
this paragraph.
b. Captions. Captions in this Agreement are inserted for convenience of
reference and do not define, describe or limit the scope or intent of this
- 16 - '7 - 33.
Agreement or any of its terms.
c. Entire Agreement. This Agreement contains the entire agreement between
the parties regarding the subject matter hereof. Any prior oral or written
representations, agreements, understandings, and/or statements shall be of
no force and effect. This Agreement is not intended to supersede or amend
any other agreement between the parties unless expressly noted.
d. Preparation of Agreement. No inference, assumption or presumption shall
be drawn from the fact that a party or his attorney prepared and/or drafted
this Agreement. It shall be conclusively presumed that both parties
participated equally in the preparation and/or drafting this Agreement.
e. Recitals, Exhibits. Any recitals set forth above and exhibits referenced
herein are incorporated by reference into this Agreement.
f. Attorneys' Fees. If either party commences litigation for the judicial
interpretation, reformation, enforcement or rescission hereof, the prevailing
party will be entitled to a judgment against the other for an amount equal to
reasonable attorney's fees and court costs incurred. The "prevailing party"
shall be deemed to be the party who is awarded substantially the relief
sought.
[NEXT PAGE IS PAGE ONE OF TWO SIGNATURE PAGES]
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------ .-.---------
PAGE ONE OF TWO SIGNATURE PAGES TO THE
SUPPLEMENTAL SUBDIVISION IMPROVEMENT AGREEMENT FOR
CHUlA VISTA TRACT NO. 03-13,
MCMilLIN ROLLING HillS RANCH NEIGHBORHOOD 7C
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed
the day and year first hereinabove set forth.
THE CITY OF CHUlA VISTA
Stephen C. Padilla
Mayor
Attest:
Susan Bigelow
City Clerk
Approved as to form:
Ann Moore
City Attorney
- 18 - '7-36
[NEXT PAGE IS PAGE TWO OF TWO SIGNATURE PAGES]
- 19 - 7 - 3 (P
PAGE TWO OF TWO SIGNATURE PAGES TO THE
SUPPLEMENTAL SUBDIVISION IMPROVEMENT AGREEMENT FOR
CHULA VISTA TRACT NO. 03-13,
MCMilLIN ROLLING HillS RANCH NEIGHBORHOOD 7C
DEVELOPERS/OWNERS:
McMillin Rolling Hills Ranch, llC
A Delaware limited liability company
By: McMillin Management Services, l.P.
A California limited partnership
Its: Manager
By: Corky McMillin Construction Services, Inc.
A California corporation
Its: General pa~
By: <;: ~
Its: Vt¿e-- (.J1'IU. ~".vr
BY~
Its: ".f>.
(Attach Notary Acknowledgment)
-20 - 7-37
.\\.
McMillin Land Development
A C"ky MoMH", Com..""
}
STATE OF CALIFORNIA }ss.
COUNTY OF SAN DIEGO }
On April 28, 2004 , before me, Brenda N. Henderson. Notary Public
personally appeared Tom Tomlinson and Dave C. Gatzke, personally known to me to be the
persons whose names are subscribed to the within instrument and acknowledged to me that
they executed the same in their authorized capacities, and that by their signatures on the
instrument the persons or the entity upon behalf of which the persons acted, executed the
instrument.
WITNESS my hand and official seal.
Signature {fJ/? ~/7{IÁ /¡ Æ-I1(1lú-ill'---
/ / ¡'
';-""><J~,.f>_~
{ ..."~(", URENDA N. HENDERSON
S COMM.# 1364428 z
~ NOTARY P'JBlIC-CALIFORNIA §@
~ SANOIEGOCOUNTY ~
'.n <:"""~Q':: <PIAE"ULY """"'.s
...ro_--....._-~
Th" "'" '"offidal 00""'0 ...1
McMillin Rolling Hills Ranch Supplemental Subdivision Improvement Agreement for Chula Vista
Tract No. 03-13 Neighborhood 7C
7-3r!
Â\. Â\. Â\. Â\. Â\.
MoMillin R...!ty M,MilIin Mongage M,MilIin L,nd Dmloprnent M,MilIin Horn" M,MilIinCornrnmi,¡
Corporate Office' 2727 Hoover Avenue' Na!ional City, CA 91950 ' Te! (619) 477-4117 ' Fax (619) 336-3112 ' www.mcmillin.corn
",,'--.----
EXHIBIT "A"
THE lAND REFERRED TO HEREIN IS SITUATED IN THE STATE OF CALIFORNIA,
COUNTY OF SAN DIEGO, AND IS DESCRIBED AS FOllOWS:
lOTS 1 THROUGH 43 AND lOT A OF CHUlA VISTA TRACT NO. 03-13, ROLLING
HillS RANCH NEIGHBORHOOD 7C IN THE CITY OF CHULA VISTA, COUNTY OF SAN
DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO.
FilED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, ON
,
21 7-39
EXHIBIT "B"
LIST OF SECURITIES
W.O. Drawing # Description Bond $ Bonding Bond
Company Name number
RH238 04-006 Landscape and Irrigation $110,429 Insurance 2125620
Plans for Neighborhood 7C Company of the
West
J:IEngineerlLANDDEVlProjectslRolling Hiils RanchlNeighborhood 7CIRHR7C SSIA 20APR04.doc
22 r¡- if 0
RESOLUTION NO.
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING THE GRANT OF EASEMENTS
AND MAINTENANCE AGREEMENT FOR ROLLING HILLS
RANCH NEIGHBORHOOD 7C.
WHEREAS, the grant of easements and maintenance agreement sets forth the master
developer's obligation to maintain landscaping and drainage inlets in the public right-of-way;
and
WHEREAS, there are some areas of public right-of-way that will be maintained by the
Home Owner's Association (HOA); and
WHEREAS, the agreement and grant of easements sets forth the obligations of the HOA
in maintaining the public right-of-way; and
WHEREAS, staff believes that the proposed agreement will guarantee the maintenance of
the aforementioned private improvements and recommends Council approval.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula
Vista does hereby approve the Grant of Easements and Maintenance Agreement, between
McMillin Rolling Hills Ranch LLC and the City of Chula Vista for the maintenance of public
right-of-way within Rolling Hills Ranch Neighborhood 7C, a copy of which shall be kept on file
in the office of the City Clerk.
BE IT FURTHER RESOLVED that the Mayor of the City of Chula Vista is hereby
authorized and directed to execute said agreements for and on behalf of the City of Chula Vista.
Presented by Approved as to fOnD by
ð1 ~'l<- ?
/ '¿:~æ- v~-'¡ý
Jack Griffin Ann Møo -
General Services Director City Attorney
7-'11
THE ATTACHED AGREEMENT HAS BEEN REVIEWED
AND APPROVED AS TO FORM BY THE CITY
ATTORNEY'S OFFICE AND WILL BE
FORMALL Y SIGNED UPON APPROVAL BY
THE CITY COUNCIL
fu~~~
City Attorney
Dated: May 12, 2004
GRANT OF EASEMENTS AND MAINTENANCE AGREEMENT FOR ROLLING HILLS
RANCH NEIGHBORHOOD 7C
,
.....
'7 - I.f;;"
RECORDING REQUESTED BY
AND WHEN RECORDED RETURN TO:
City Clerk
City of Chula Vista
276 Fourth Avenue
Chula Vista, CA 91910
No transfer tax is due as this is a conveyance to
a public agency for less than afee interestfor
which no cash consideration has been paid or
received.
(ABOVE SPACE FOR RECORDER'S USE)
GRANT OF EASEMENTS, LICENSE AND MAINTENANCE
AGREEMENT
CHULA VISTA TRACT NO. 03-13
ROLLING HILLS RANCH NEIGHBORHOOD 7C
(DEDICATED EASEMENTS)
This GRANT OF EASEMENTS, LICENSE AND MAINTENANCE AGREEMENT
("Agreement") is made as of this - day of ,200_, by and between the CITY OF
CHULA VISTA, a municipal corporation ("City"), and McMILLIN ROLLING illLLS RANCH,
LLC, a Delaware limited liability company ("McMillin RHR").
RECITALS
A. This Agreement concerns and affects certain real property located in Chula Vista,
California, more particularly described in Exhibit A attached hereto and incorporated herein
("Property"). The Property is part of a planned residential development project co=only known
as "Salt Creek Ranch" also known as "Rolling Hills Ranch."
B. McMillin RHR is the owner of the Property. McMillin RHR acquired the Property
from Pacific Bay Properties, a Califomia corporation ("Pacific Bay").
C. In order for City to have assurance that the maintenance of Rolling Hills Ranch's open
space areas and thoroughfare median areas will be provided for, Pacific Bay as Declarant established
the Rolling Hills Ranch Co=unity Association ("MHOA") pursuant to the Declaration of Covenants,
Conditions and Restrictions and GrantofEasements for Rolling Hills Ranch ("Declaration") recorded
in the Official Records of the San Diego County Recorder's Office on June II, 1998, as Document
No. 1998-0354211 and as amended thereafter. The Declaration allows and provides for the maintenance
of the open space and thoroughfare median areas by the Association.
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D. Pacific Bay assigned its rights as "Declarant" under the Declaration to McMillin RHR
by an instrument recorded March 28, 2002 as Instrument No. 2002-0263134 in the Official Records
of San Diego County, California.
E. The Property is or will become covered by that the certain final map(s) (the "Final
Maps") described on Exhibit "A" attached hereto and referenced in the title to this Agreement.
F. In order for McMillin RHR to obtain the Final Maps and for the City to have assurance
that the maintenance of certain areas within the Project would be provided for, the City and McMillin
RHRentered into a Supplemental Subdivision Improvement Agreement pursuantto the City Resolution,
in which McMillin RHR agreed that maintenance of such areas shall be accomplished by the creation
of a home owners association. The Parcels shown on Exhibit "B" attached hereto describe those
particular areas which were dedicated to the public on one or more of the Final Maps but which include
storm drain inlet filter improvements to be maintained by the MHOA. The public areas to be maintained
by the MHOA are collectively referred to as the "MHOA Maintained Public Areas."
G. The City desires to grant to McMillin RHR easements for storm drain inlet filter
maintenance pmposes upon, over and across the MHOA Maintained Public Areas as shown on Exhibit
"B," in order to facilitate the obligations of McMillin RHR as set forth in Supplemental Subdivision
Improvement Agreements, adopted pursuant to the City Resolution.
NOW, THEREFORE, in consideration of the mutual covenants herein contained, the parties
agree as set forth below.
1. Grant of Easements. The City hereby grants to McMillin RHR and its agents,
successors and assigns, non-exclusive easements and rights-of-way over and across the MHOA
Maintained Public Areas for the purpose of maintaining, repairing and replacing stonn drain inlet
filter improvements located thereon. These grants are made without any warranties of any kind, express
or implied, other than the warranty stated in Paragraph 14(1) below.
2. Maintenance OblÎl!ations
(a) McMillin RHR to Initially Maintain. McMillin RHR hereby covenants and
agrees, at its sole cost and expense, to maintain, repair and replace, or cause to be maintained,
repaired orreplaced, those improvements within the MHOAMaintained Public Areas which
are described on Exhibit "C" attached hereto, at a level equal to or better than the level of
maintenance which is acceptable to the Director of Public Works Operations, at his/her
discretion and equivalent to City or Community Facilities District maintained right-of-way
facilities. For purposes of this Agreement, the term "Maintenance" or "Maintain" shall mean
the maintenance, repair, the provision of water and replacement obligations described herein
and on Exhibit "C" hereto and shall also include repair and replacement at no cost to the
City of any City owned property that is damaged during perfonnance of the maintenance
responsibilities pursuant to this Agreement. Exhibit "C" also refers to the maintenance
responsibilities of the City.
Rolling Hm, Ro",' 7C -2-
4113104 045600-0 I 08 252509.1
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(b) Transfer to MHOA. Upon McMillin RHR's transfer of maintenance obligations
to the MHOA, (i) theMHOA shall become obligated to perform the obligations so transferred,
and (ii) subject to the City determining that the requirements of Paragraph 3 below have
been satisfied, McMillinRHR shall be released from such obligation. Transfer ofmaintenance
obligations to the MHOA may be phased (that is, there may be multiple transfers).
McMillin RHRrepresents to City that it intends to, and has the authority to, unilaterally
transfer said maintenance obligations either (i) to the MHOA and that such transfer has been
provided for in the Declaration, and that such document(s) include the provisions described
in Paragraph 3( a)(ü) below, or alternatively (ii) to a new homeowners association (the "New
Association") established for maintenance of the open space and thoroughfare median areas
in the Property, and that such transfer shall be provided for in the declaration ofrestrictions
(the "New Declaration") for the New Association, and that such document(s) shall include
. the provisions described in Paragraph 3(a)(ü) below. References below in this Agreement
to the "Association" shall include the New Association and "Declaration" shall include the
New Declaration if McMillin RHR elects to form a new homeowners association for the
Property.
(c) Transfer By MHOA. The MHOA shall have the right to transfer Maintenance
obligations to a sub-association ("SHOA") or to the owner of an apartment project
("Transferee"). Upon the MHOA's transfer of Maintenance obligations to a Transferee, (i)
the Transferee shall become obligated to perform the obligations so transferred, (ii) theMHOA
shall retain the right to perform the Maintenance should the Transferee fail to do so, and (iii)
the MHOA shall be released from the obligations so transferred subject to the City determining
that the requirements of Paragraph 4 below have been satisfied. Although it is possible that
Maintenance obligations might be transferred to an apartment owner, McMillin RHR does
not believe it is likely that Maintenance obligations will be transferred to an apartment owner.
3. Assienment bv McMillin RHR and Release of McMillin RHR
(a) Assignment. Upon McMillin RHR's transfer of the Maintenance obligations
to the MHOA, it is intended by the parties that the MHOA shall perform the Maintenance
obligations either itself or by contractors. Such transfer will release McMillin RHR from its
obligations only if all of the following occur:
(i) MHOA Acc~ts ObIÏl!ation. The MHOA has unconditionally accepted
and assumed all of McMillin RHR's obligations under this Agreement in writing, such
assignment provides that the burden of this Agreement remains a covenant running
with the land, and the assignee expressly assumes the obligations ofMcMiIlin RHR
under this Agreement. The assignment shall also have been approved by the appropriate
goveming body of the MHOA by resolution or similar procedural method and approved
as to form and content by the City Attorney. The City shall not unreasonably withhold
its consent to such assignment.
Rolli.. Hill, /W.,h 7C -3-
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(ii) MHOA's Declaration. The City has confmned that there have been
no modifications to the recorded Declaration previously approved by City, to any of
the following provisions: the MHOA shall be responsible for the maintenance of the
MHOA Maintained Public Areas, the MHOA shall indenmify City for all claims,
demands, causes of action, liability or loss related to or arising from the maintenance
activities, and the MHOA shall not seek to be released by City from the maintenance
obligations of this Agreement, without the prior consent of City and one hundred
percent (100%) of the holders of first mortgages or owners of the Property.
(iii) MHOA Insurance. The MHOA procures and formally resolves to
maintain at its sole cost and expense, commencing no later than the City's release of
all of McMillin RHR's bonds covering the storm drain facilities described on
Exhibit "8", a policy of public liability insurance which at least meets the requirements
of Section 8.1 (h) (iii) of the Declaration which reads as follows:
"(iii) Upon Declarant's assignment of its obligations under
the Median Maintenance Agreement, the Association shall be obligated
to obtain and maintain a policy of comprehensive general liability
insurance written on a per occurrence basis in an amount not less than
ONE MILLION DOLLARS ($1,000,000.00) combined single limit,
insuring the Association, the Board, the Managing Agent and the
Owners and agents and employees of each of the foregoing, against
any liability incident to the ownership, maintenance, operation, repair
and/or use of the Median Maintenance Areas, in a fonD and content
issued by an insurer reasonably satisfactory to City. The insurer issuing
such insurance shall have a rating of A: VII or better by Best's Insurance
Guide. Said insurance shall be primary insurance and shall name City,
its officers, employees, and agents as additional insureds. Said policies
of insurance shall provide that said insurance may not be amended such
that it no longer complies with the provisions of this subsection or
cancelled without providing thirty (30) days prior written notice to City.
In the event any of said policies of insurance are cancelled, the
Association shall, prior to the cancellation date, send new evidence
of insurance in confonnance with this subsection to City. The
Association shall provide City with a certificate of insurance within
sixty (60) days of the date of transfer of the Median Maintenance Area
obligations to the Association."
The MHOA shall provide the City with a Certificate of Insurance upon procurement
of the policy as set forth above.
(b) Release. When all conditions precedent in Paragraph 3(a) are fulfilled,
McMillin RHR shall be released from its obligations under this Agreement, including its
security and insurance requirements. McMillin RHR acknowledges that it has a contractual
obligation to perform the terms and conditions of this Agreement until and unless released
Rolling Hill, Ronch 7C -4-
4/23/04 045600-0108252509.1
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by the City from this Agreement. At least sixty (60) days prior to such transfer, McMillin
RHR shall give a notice to the City of McMillin RHR's intent to transfer its Maintenance
obligations herein and provide the City with the appropriate documents listed in Paragraph
3(a).
4. AssÎ!mment bv MHOA and Release of MHOA.
(a) Assignment. Upon MHOA's transfer of the Maintenance obligations to a
Transferee, it is intended by the parties that the Transferee shall perfonn the Maintenance
obligations either itself or by contractors. Such transfer will release the MHOA from its
obligations only if all of the following occur:
(i) Transferee Accepts Oblie:ation. The Transferee has unconditionally
accepted and assumed all of the MHOA's obligations under this Agreement in writing,
such assignment provides that the burden of this Agreement remains a covenant running
with the land, and the assignee expressly assumes the obligations of the MHOA under
this Agreement. If the Transferee is an SHOA, the assignment shall also have been
approved by the appropriate goveming body of the SHOA by resolution or similar
procedural method and approved as to fonD and content by the City Attorney. The
City shall not unreasonably withhold its consent to such assignment.
(ii) SHOA's Declaration of Restrictions. If the Transferee is an SHOA,
the City has reviewed and approved the SHOA's recorded Declaration of Restrict ions
to confinn that said document contains appropriate maintenance and insurance
provIsIOns.
(iii) SHOA Insurance. The Transferee procures and fonnally resolves to
Maintain at its sole cost and expense, a policy of public liability insurance which meets
the requirements set forth in Paragraph 3 (a) (ill) above. The SHOA shall provide
the City with a Certificate of Insurance upon acceptance of the transfer of the
Maintenance obligations herein.
(b) Release. When all conditions precedent in Paragraph 4(a) are fulfilled, the
MHOA shall be released from its obligations under this Agreement, including its security
and insurance requirements. At least sixty (60) days prior to such transfer, MHOA shall give
notice to the City ofMHOA's intent to transfer its Maintenance obligations herein and provide
the City with the appropriate documents listed in Paragraph 4(a).
5. McMillin RHR's Insurance. Until such time as the MHOAhas obtained the general
liability insurance required by Section 8.1 (h) (iii) of the Declaration, McMillin RHR agrees to procure
and fonnally resolves to maintain at its sole cost and expense, commencing no later than the date
that the landscape architect of record has submitted a letter of substantial confonnance pertaining
to work being completed to the General Services Department and the General Services Department
Director or his designee has deemed the work complete and satisfactory, a policy of public liability
insurance that would include, but is not limited to the following:
\
Rolling Hil" Ranch 7C -5-
4/23/04 045600-0 108 252509.1
7- L/7
- -.-----.-- .
General Liabilitv Insurance. McMillin RHR shall obtain a comprehensive general liability
and property damage insurance policy insuring McMillin RHR against liability incident to ownership
or use of the Property. The limits of such insurance shall not be less than $3 Million covering all
claims for death, personal injury and property damage arising out of a single occurrence. The insurer
issuing such insurance shall have rating by A.M. Best "A, Class V" or better with modified occurrences
and as admitted by Best's Insurance Guide. Such insurance shall include the following additional
provisions provided they are available on a commercially reasonable basis:
(i) The City ofChula Vista shall be named as an additionally insured party to such
insurance pursuant to the City's requirements McMillin RHR do so;
(ii) The policy shall not contain a cross-suit exclusion clause which would abrogate
coverage should litigation ensue between insureds and;
(iii) The policy shall contain the following severability clause (or language which
is substantially the same): "The coverage shall apply separately to each insured
except with respect to the limits ofliability."
McMillin RHR shall provide the City with a Certificate ofInsurance upon procurement of the policy
as set forth above.
6. Indemnitv. McMillin RHR shall defend, indenmify and hold harmless the City, its
officers, agents and employees, from any and all actions, suits, claims, damages to persons or property,
costs including attorney's fees, penalties, obligations, errors, omissions, demands, liability, or loss
of any sort (herein II claims or liabilities "), that may be asserted or claimed by any person, firm, or
entity because of or arising out of or in connection with the use, maintenance, orrepair of the MHO A
Maintained Public Areas. McMillin RHR shall not have any liability under this section by reason
of the Transferee's failure to maintain.
7. Indemnitv If Transferee. The document whereby McMillin RHR transfers a
Maintenance obligation to a Transferee shall be signed by both McMillin RHR and the Transferee
and shall set forth an express assumption of Maintenance and other obligations hereunder and shall
include the following indenmification provision:
Indenmitv. The Transferee shall defend, indenmify, and hold harmless the City, its
officers, agents and employees, from any and all actions, suits, claims, damages to
persons or property, costs including attorney's fees, penalties, obligations, errors,
omissions, demands, liability, or loss of any sort (herein "claims or liabilities"),which
result from the Transferee's failure to comply with the requirements of the obligations
transferred hereby to Transferee. Transferee shall not have any liability under this
Indenmity by reason of another party's failure to maintain. It is specifically intended
that the City shall have the right to enforce this Indenmity. This Indenmity may not
be amended without the written consent of the City Director of Planning and Building
or City Attorney.
Rolling Hill. Ron,h 7C -6-
4/23/04 7-J./-r 0456{)O-OIO8252509.1
8. Agreement Binding Upon Any Successive Parties. This Agreement shall be binding
upon McMillin RHR and any successive Declarant under the Declaration. This Agreement shall be
binding upon MHOA and any Transferees upon transfer of maintenance obligations to the MHOA
or Transferee, respectively. This Agreement shall inure to the benefit of the successors, assigns and
interests of the parties as to any or all of the Property.
9. Agreement Runs With the Land. The burden of the covenants contained in this
Agreement ("Burden") is for the benefit of the Property and the City, its successors and assigns, and
any successor-in-interest thereto. The City is deemed the beneficiary of such covenants for and in
its own right and for the purposes of protecting the interest of the community and other parties, public
or private, in whose favor and for whose benefit such covenants running with the land have been
provided, without regard to whether the City has been, remained or are owners of any particular land
or interest therein. If such covenants are breached, the City shall have the right to exercise all rights
and remedies and to maintain any actions or suits at law or in equity or other proper proceedings to
enforce the curing of such breach to which it or any other beneficiaries of this Agreement and the
covenants may be entitled.
10. Goveminl! Law. This Agreement shall be governed and construed in accordance with
the laws of the State of California.
11. Effective Date. The terms and conditions of this Agreement shall be effective as of
the date this Agreement is recorded in the Official Records of the San Diego County Recorder's Office.
12. Countemarts. This Agreement may be executed in any number of counterparts, each
of which shall be original and all of which shall constitute one and the same document.
13. Recordine. The parties shall cause this Agreement to be recorded in the Official Records
of the San Diego County Recorder's Office within thirty (30) days after this Agreement has been
approved by the City Council.
14. Miscellaneous Provisions.
(a) Notices. Unless otherwise provided in this Agreement or by law, any and all
notices required or permitted by this Agreement or by law to be served on or delivered to either
party shall be in writing and shall be deemed duly served, delivered and received when
personally delivered to the party to whom it is directed or, in lieu thereof, when three (3)
business days have elapsed following deposit in the United States mail, certified or registered
mail, return receipt requested, first-class postage prepaid, addressed to the address indicated
in this Agreement. A party may change such address for the purpose of this Paragraph by giving
written notice of such change to the other party.
IfTo City:
Ro/Ung Hills Ronch 7C -7-
4123104 045600-010S252509.1
7-Lf c¡
CITY OF CHULA VISTA
Department of Public WorkslEngineering Division
276 Fourth Avenue
Chula Vista, CA 91910
Attn: City Engineer
If To McMillin RHR:
McMILLIN ROLLING HILLS RANCH, LLC
2727 Hoover Avenue
National City, California 91950
Attn: Project Manager
(b) Captions. Captions in this Agreement are inserted for convenience of reference
and do not define, describe or limit the scope or intent of this Agreement or any of its terms.
(c) Entire Agreement. This Agreement, together with any other written document
referred to herein, embody the entire agreement and understanding between the parties regarding
the subject matter hereof, and any and all prior or contemporaneous oral or written
representations, agreements, understandings and/or statements shall be of no force and effect.
This Agreement is not intended to supersede or amend any other agreement between the parties
unless expressly noted.
(d) Recitals; Exhibits. Any recitals set forth above and any attached exhibits are
incorporated by reference into this Agreement.
(e) Compliance With Laws. In the performance of its obligations under this
Agreement, McMillin RHR, its agents and employees, shall comply with any and all applicable
federal, state and local rules, regulations, ordinances, policies, permits and approvals.
(f) Authority of Signatories. Each signatory and party hereto hereby warrants
and represents to the other party that it has legal authority and capacity and direction from
its principal to enter into this Agreement, and that all resolutions and/or other actions have
been taken so as to enable said signatory to enter into this Agreement.
(g) Modification. This Agreement may not be modified, tenninated or rescinded,
in whole or in part, except by written instrument duly executed and acknowledged by the parties
hereto, their successors or assigns, and duly recorded in the Official Records of the San Diego
County Recorder's Office. ~
(h) Severability. If any term, covenant or condition of this Agreement or the
application thereof to any person or circumstance shall, to any extent, be invalid or
unenforceable, the remainder of this Agreement, or the application of such term, covenant
Rolling Hill, Ranch 7C -g.
4/23/04 0<5600""0' 252509.\
7-50
or condition to person or circumstance, shall not be affected thereby and each term, covenant
or condition shall be valid and be enforced to the fullest extent permitted by law.
(i) Preparation of Agreement. No inference, assumption or presumption shall
be drawn from the fact that a party or its attorney prepared and/or drafted this Agreement.
It shall be conclusively presumed that both parties participated equally in the preparation and/or
drafting of this Agreement.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be
executed the day and year first set forth above.
CITY OF CHULA VISTA, a municipal corporation
By:
Stephen C. Padilla, Mayor
Attest:
Susan Bigelow, City Clerk
APPROVED AS TO FORM:
By:
Ann Moore, City Attorney
McMILLIN ROLLING HILLS RANCH, LLC, a
Delaware limited liability company
By: McMillin Management Services, LP.
a California limited partnership, Manager
By: Corky McMillin Construction Services, Inc. ,
a cali~7'General :,artner
:~tl~~~
Title \1. ~.
Rolling Hi/" Ranch 7C -9-
4/23104 045600-0108252509.1
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McMillin Land Development
A Co'ky M,MUII, CompMY
}
STATE OF CALIFORNIA }ss.
COUNTY OF SAN DIEGO }
On April 28, 2004 , before me, Brenda N. Henderson, Notary Public
personally appeared Tom Tomlinson and Dave C. Gatzke, personally known to me to be the
persons whose names are subscribed to the within instrument and acknowledged to me that
they executed the same in their authorized capacities, and that by their signatures on the
instrument the persons or the entity upon behalf of which the persons acted, executed the
instrument.
WITNESS my hand and official seal.
Signatur¡ð?-Md~ /'1l ~~
(
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( - BRENDAÑ.HENDERsòN
3: COMM.# 1364428 tJj
(J) NOTA"Y PUBLIC-CALIPO"NIA :¡;
Z SANDIEGOOOUNTY ~
~-~~~
Th" ",. ", ,ffld" ,ota"" ,..,
McMillin Rolling Hills Ranch Grant of Easement, License and Maintenance Agreement Chula Vista
Tract No. 03-13 Neighborhood 7C 1/
7-5~
Á\. Á\. Á\. Á\. Á\.
MoMiliin Roalty MoMiliin Mongag' MoMiliin L,nd D,v,lopm,nt MoMiliin Hom" MoMiliin Comm"d,l
Corpor'te Office' 2727 Hoover Avenue' Nation,l City, CA 91950 ' Tel (619) 477-4117 ' Fax (619) 336-3112 ' www.mcmillin.com
.,-,--"--
EXHIBIT "A"
LEGAL DESCRIPTION
NEIGHBORHOOD 7C
CHULA VISTA TRACT NO. 93-03, ROLLING HILLS RANCH NEIGHBORHOOD 7C, IN THE
CITY OF CHULA VISTA, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING
TO MAP THEREOF NO. , FILED IN THE OFFICE OF THE SAN DIEGO COUNTY
RECORDER ON , 2004, BEING A SUBDIVISION OF LOTS "A" AND "B"
OF CHULA VISTA TRACT NO. 92-02 SALT CREEK RANCH NEIGHBORHOOD 7 UNIT NO.1,
IN THE CITY OF CHULA VISTA, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA,
ACCORDING TO MAP THEREOF NO. 14164, FILED IN THE OFFICE OF THE COUNTY
RECORDER OF SAN DIEGO COUNTY, ON MARCH 14,2001.
A/4/ dÆ 4-Z~-2â04
DAVID W. AMBLER L.S. 7322
HUNSAKER & ASSOCIATES SAN DIEGO, INC.
I PAGE 1 OF 1 '7-53
:DS M:\1941\088\Legal DescriptionslA01 RHR NEIGH 7C overall. DOC
WO 1941-57 4/28104
EXHIBIT "8"
ROLLING HILLS RANCH NE/GHBORHOOD 7C
STORM DRAIN INLET F/L TER LOCA T/ONS
32
33
4
23
34
5 ~
u ~ ~
e¡ 41 ¡¡¡
u 35 <3
6 ¡:¡ iof
~ ~
~ i:'à 21
~ ~ ~
7 ~ ~ g
39 > 20
8
37 38
19
9
11 12 13
HUNSAKER
& ASSOCIATES
""'<co.'"
""NINC "179 H"..."... 50.., 0 100 200 300
,"ON"'INC S," D",o- Co 92'" ~ - I
SURYE"NC 'H(8S')SS8~50(J.FX(8S')55.1414 - - "-
'7-5'1-
------------------- -
EXHIBIT "C"
Maintenance Responsibilities
City of Chula Vista
Area HOA Maintenance Maintenance
Stonn drain catch basins Periodically clean and Cleaning, maintenance,
within those portions of the maintain the inlet filters of repair and replacement of all
public right of way shown on the storm drain catch basins. portions of the storm drain
Exhibit "B" catch basins other than the
inlet filters.
Rolling Hills Ranch 7C
4/23104 045600-0108252509.1
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- -
RESOLUTION NO.
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA ORDERING THE SUMMARY VACATION OF
THE IRREVOCABLE OFFER OF DEDICATIONS OF LOT "A"
FOR OPEN SPACE AND OTHER PUBLIC PURPOSES PER
MAP NO. 14164
WHEREAS, on February 27,2001 by Resolution No. 2001-035, the City Council of the
City ofChula Vista acknowledged the Irrevocable Offer of Dedication in Fee Interest of Lot "A"
for open space and other public purposes all as shown on Salt Creek Ranch Neighborhood 7 Unit
No.1 in the City of Chula Vista, State of California, according to map thereof No. 14164, filed
in the Office ofthe County Recorder of San Diego County on March 14, 200 I; and
WHEREAS, grading changes in the project design necessitate the minor relocation oflot
lines; and
WHEREAS, the City no longer requires the Irrevocable Offer of Dedication in Fee
Interest of Lot "A" for open space and other public purposes as shown on Map 14164 after
receipt of the reconfigured Irrevocable Offers of Dedication; and
WHEREAS, the map before Council tonight contains the reconfigured dedication; and
WHEREAS, in accordance with Chapter 4, Section 8335 of the California Streets and
Highways Code, the vacation of Lot "A" may be perfonned summarily through adoption of a
resolution ordering said summary vacation; and
WHEREAS, in accordance with Section 7050 of the California Government Code, such
offer of dedication may be tenninated and the right to accept such offer abandoned; and
WHEREAS, from and after the date this Resolution ordering summary vacation, the lot
"A" vacated as described herein, no longer constitute an open space or oth"er public purposes lot;
and
WHEREAS, City Council hereby finds that the Irrevocable Offer of Dedication in Fee
Interest of Lot "A" for open space and other public purposes, all as shown on Salt Creek Ranch
Neighborhood 7 Unit No. I in the City of Chula Vista, State of California, according to map
thereof No. 14164 have been superceded by subsequent Irrevocable Offers of Dedication and
that all public easements on said lots will remain in full force and effect.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula
Vista hereby orders the summary vacation of Lot "A", according to map thereof No. 14164 as
depicted on Exhibit "A," attached hereto and incorporated herein by reference as if set forth in
full.
'7.5fp
BE IT FURTHER RESOLVED that the City Clerk is hereby directed to record this
resolution of vacation in the office of the San Diego County Recorder.
Presented by Approved as to fOnD by
Ann~J(r\ ~ ~
Jack Griffin
Director of General Services City Attorney
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COUNCIL AGENDA STATEMENT
Item 8
Meeting Date: 5/18/04
ITEM TITLE: Resolution approving the Final Map of Chula Vista Tract No.
01-11, Otay Ranch Village 11, Neighborhood R-3; and approving the
associated Subdivision Improvement Agreement for the completion of
improvements; and approving a Supplemental Subdivision Improvement
Agreement for Chula Vista Tract No. 01-11, Otay Ranch Village 11,
Neighborhood R-3.
Resolution approvmg the Grant of Easements and
Maintenance Agreement for Chula Vista Tract 01-11, Otay Ranch
Village 11, Neighborhood R-3.
SUBMITTED BY: Director of General Services / City Engineer'--
REVIEWED BY: City Manager1 ~\V (4/5ths Vote: Yes- No~
On October 23, 2001 Council approved a Tentative Subdivision Map for Otay Ranch Village
I I. Approval of the Final "Boo Map, and its associated Subdivision and Supplemental
Subdivision Improvement Agreements, and a Grant of Easements and Maintenance Agreement
will allow the project to proceed. .
RECOMMENDATION: That Council adopt the resolutions.
BOARDS AND COMMISSIONS: N/A
DISCUSSION:
Chula Vista Tract No. 01-11, Otay Ranch Village 11, Neighborhood R-3 is a 15.196-acre
project generally located south of EastIake Greens within the area commonly known as
Windingwalk. The project consists of 46 residential lots, and 10 lots for private common
facilities (see Attachment 1). The Tentative Map was approved October 23,2001 (Resolution
No. 2001-364).
Final Map: The Final Map has been reviewed by the City Engineer and found to be in
substantial confonnance with the approved Tentative Map. The developer, Brookfield Shea
Otay, LLC, has already paid all applicable fees.
Council approval of the Final Map will constitute:
. Acceptance by the City of the public streets.
. Acknowledgment of the Irrevocable Offer of Dedication of Fee Interest for open space
and other public purposes within the subdivision granted on the map.
. Acceptance by the City of the landscape buffer, stonn drain and sewer, and sight
visibility easements.
1-1
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Item~, Page 2
Meeting Date: 5/18/04
Associated Agreements: In addition to Final Map approval, staff recommends that Council
approve the following agreements associated with the project:
1. Subdivision Improvement Agreement: Requires the Developer to complete the
improvements required by said Subdivision. Security bonds have been provided,
guaranteeing the completion of all improvements and monumentation required by the
Municipal Code.
2. Supplemental Subdivision Improvement Agreement: Addresses several unfulfilled
conditions of the Tentative Map approved by Resolution No. 2001-364. These
conditions wilI remain in effect until completed by the developer and/or their
successors(s) in interest.
3. Grant of Easements & Maintenance Agreement: Establishes certain specific obligations
and responsibilities for the maintenance of certain improvements located along the
public parkways -Twilight Street, Starlight Court, Summer Sky Street, Sweet Sage
Street, Morning Star Drive, and a portion of Crossroads Street- by the developer and/or
their successor(s) in interest, as required by the Tentative Map conditions of approval.
The above agreements have been reviewed by staff, and approved as to fonD by the City
Attorney.
FISCAL IMPACT: There is no impact to the General Fund. The developer has paid all fees
and other costs associated with the proposed Final Map and agreements.
Attachments:
Attachment 1: Plat ofChula Vista Tract 01-01, Otay Ranch VilIage 11, Neighborhood R-3
Attachment 2: Developer's Disclosure Statement
Exhibit A: Subdivision Improvement Agreement
Exhibit B: Supplemental Subdivision Improvement Agreement
Exhibit C: Grant of Easements & Maintenance Agreement
LP File No. OR619F
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CHULA VISTA TRACT NO. 01-11
OTAY RANCH
VILLAGE 11 NEIGHBORHOOD R-3
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SURVEYING PH(858)558-4500. FX(858)S58.1414
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City ofChu1a Vista Disclosure Statement
Pursuant to Council Policy 101-0 I, prior to any action upon matters that will require discretionary action by the
Council, Planning Commission and all other official bodies of the City, a statement of disclosure of certain
ownership or fmancial interests, payments, or campaign contributions for a City ofChula Vista election must be
filed. The following information must be disclosed:
1. List the names of all persons having a fmancial interest in the property that is the subject of the
application or the contract, e.g., owner, applicant, contractor, subcontractor, material supplier.
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2. If any person* identified pursuant to (I) above is a corporation or partnership, list the names of all
individuals with a $2000 investment in the business (corporation/partnership) entity.
NfA
3. Ifanyperson* identified pursuant to (1) above is a non-profit organization or 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.
AJ fA
4. Please identify every person, including any agents, employees, consultants, or independent contractors
you have assigned to represent you before the City in this matter.
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5. Has any person* associated with this contract had any financial dealings with an Offi~** ofthe City of
Chula Vista as it relates to this contract within the past 12 months. Yes- No-
(,if
- -----------.--.-----..- --------
City of Chula Vista Disclosure Statement
If Yes, briefly describe the nature of the financial interest the official" may have in this contract.
}J!l\
6. Have you made a contribution of more than $250 within the past twelve (12) months to a current member
of the Chula Vista City Council? No ~Yes - If yes, which Council member?
7.
Have you provided more than $340 (or an item of equivalent value) to an official"" of the City ofChula
Vista in the past twelve (12) months? (This includes being a source of income, money to retire a legal
debt, gift, loan, etc.) Yes - No X
If Yes, which official" and what was the nature of item provided?
Date: i (&ò/t>t-
VI(£. petS\Cf.V\
Print or type name of Contractor! Applicant
. Person is defined as: any individual, firm, co-partnership, joint venture, association, social club, iTatemal
organization, corporation, estate, trust, receiver, syndicate, any other county, city, municipality, district, or
other political subdivision, -or any other group or combination acting as a unit.
.. Official includes, but is not limited to: Mayor, Council member, Planning Commissioner, Member of a
board, commission, or committee of the City, employee, or staff members.
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RESOLUTION NO. 2004--
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING THE FINAL MAP OF CHULA
VISTA TRACT NO. 01-11, OTAY RANCH VILLAGE 11,
NEIGHBORHOOD R-3; APPROVING THE ASSOCIATED
SUBDIVISION IMPROVEMENT AGREEMENT FOR THE
COMPLETION OF IMPROVEMENTS; AND APPROVING A
SUPPLEMENTAL SUBDIVISION IMPROVEMENT
AGREEMENT FOR CHULA VISTA TRACT NO. 01-11, OTAY
RANCH VILLAGE 11, NEIGHBORHOOD R-3
WHEREAS, the developer, Brookfield Shea Otay LLC has submitted a final map for
Otay Ranch Village 11, Neighborhood R-3; and
WHEREAS, the developer has executed a Subdivision Improvement Agreement to install
public facilities associated with the project; and
WHEREAS, the developer has executed a Supplemental Subdivision Improvement
Agreement to satisfy remaining conditions of City Council Resolution No. 2001-364.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula
Vista hereby finds that certain map survey entitled ChuIa Vista Tract 01-11, Otay Ranch Village
11, Neighborhood R-3 and more particularly described as follows:
Being a subdivision of Lot 1 of Chula Vista Tract No. 01-11 Otay Ranch Village 11 "A" Map
No.2, in the City ofChula Vista, State of California, according to map thereof No. - filed
in the Office of the County Recorder of San Diego County on ,2004:
Area: 15.196 Acres
No. of Lots: 56
Numbered Lots: 46
Lettered Lots: 10
is made in the manner and fonD prescribed by law and confonns to the surrounding surveys; and
that said map and subdivision ofland shown thereon is hereby approved and accepted.
BE IT FURTHER RESOLVED, that the City Council accepts on behalf of the public the
public streets, to-wit: Twilight Street, Starlight Court, Summer Sky Street, Sweet Sage Street,
Morning Star Drive, and a portion of Crossroads Street, and said streets are hereby declared to be
public streets and dedicated to the public use all as shown on Otay Ranch Village 11,
Neighborhood R-3 within said subdivision.
BE IT FURTHER RESOLVED that said Council hereby acknowledges on behalf of the
City of Chula Vista the Irrevocable Offer of Dedication of Fee Interest of Lots "A" through "J"
for open space and other public purposes all as shown on Otay Ranch Village 11 Neighborhood
R-3 within said subdivision.
BE IT FURTHER RESOLVED, said Council hereby accepts on behalf of the City of
Chula Vista the landscape buffer, stonn drain and sewer, and sight visibility easements all shown
on Otay Ranch Village 11, Neighborhood R-3 within said subdivision.
r~/¡;
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Resolution 2004- -
Page 2
BE IT FURTHER RESOLVED the City Council of the City of ChuIa Vista does hereby
approve certain Subdivision Improvement Agreement for Chula Vista Tract No. 01-11, Otay
Ranch Village II, Neighborhood R-3 for the completion of improvements in said subdivision, a
copy of which shall be kept on file in the office of the City Clerk.
BE IT RESOLVED the City Council of the City of Chula Vista does hereby approve the
Supplemental Subdivision Improvement Agreement for ChuIa Vista Tract No. 01-11, Otay
Ranch Village 11, Neighborhood R-3, a copy of which shall be kept on file in the office of the
City Clerk.
BE IT FURTHER RESOLVED that the City Clerk of the City ofChula Vista is hereby
authorized and directed to endorse upon said map the action of said Council; that said Council
has approved said subdivision map, and that said public streets are accepted on behalf of the
public as therefore stated, and that the Irrevocable Offer of Dedication of the fee interest of said
lots be acknowledged, and that the easements as granted on Otay Ranch Village 11,
Neighborhood R-3 map within said subdivision is accepted on behalf of the City of Chula Vista
as hereinabove state.
BE IT FURTHER RESOLVED that the City Clerk is hereby directed to transmit said
map to the Clerk of the Board of Supervisors ofthe County of San Diego.
BE IT FURTHER RESOLVED that the Mayor of the City of Chula Vista is hereby
authorized to execute said agreements for and on behalf of the City of Chula Vista.
Presented by Approved as to fonD by
1: {;:{¡¿rJ)1t ~ --C ~
Jack Griffin
Director of General Services City Attorney
J,IEngineeclLANDDEVIProjectslOtay Ranch Village 111RJIReso RJ.doc
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THE ATTACHED AGREEMENT HAS BEEN REVIEWED
AND APPROVED AS TO FORM BY THE CITY
ATTORNEY'S OFFICE AND WILL BE
FORMALL Y SIGNED UPON APPROVAL BY
THE CITY COUNCIL
iF ¥d 3- {r1 ":- {ì ~
~4(nn Moore
City Attorney
Dated: May 11, 2004
SIA FOR THE COMPLETION OF IMPROVEMENTS OTAY RANCH VILLAGE 11,
NEIGHBORHOOD R-3
ff
--"------~~--" ,,-
Recording Requested by:
CITY CLERK
When Recorded, Mail to:
CITY OF CHULA VISTA
276 Fourth Avenue
Chula Vista, CA 91910
No transfer tax is due as this is a conveyance
to a public agency of less than a fee interest
for which no cash consideration has been paid or
received.
Declarant
SUBDIVISION IMPROVEMENT AGREEMENT
THIS AGREEMENT, made and entered into this - day of , 2004, by and
between THE CITY OF CHULA VISTA, a municipal corporation, hereinafter called "City",
BROOKFIELD SHEA OTA Y, LLC, a California limited liability company, 12865 Pointe Del
Mar, Suite 200, Del Mar, CA, hereinafter caIled "Subdivider" with reference to the facts set forth
below, which Recitals constitute a part of this Agreement;
RECITALS:
WHEREAS, Subdivider is about to present to the City Council of the City ofChula Vista
for approval and recordation, a final subdivision map of a proposed subdivision, to be known as
OTA Y RANCH VILLAGE 11 NEIGHBORHOOD R-3 (CVT 01-11) pursuant to the provisions
of the Subdivision Map Act of the State of California, and in compliance with the provisions of
Title 18 of the Chula Vista Municipal Code relating to the filing, approval and recordation of
subdivision map; and
WHEREAS, the Code provides that before said map is finally approved by the Council of
the City of Chula Vista, Subdivider must have either installed and completed all of the public
improvements and/or land development work required by the Code to be installed in
subdivisions before final maps of subdivisions are approved by the Council for purpose of
recording in the Office of the County Recorder of San Diego County, or, as an alternative
thereto, Subdivider shall enter into an agreement with City, secured by an approved
improvement security to insure the perfonnance of said work pursuant to the requirements of
Title 18 of the Chula Vista Municipal Code, agreeing to install and complete, free of liens at
Subdivider's own expense, all of the public improvements and/or land development work
required in said subdivision within a defmite period oftime prescribed by said Council; and
WHEREAS, Subdivider is willing in consideration of the approval and recordation of
said map by the Council, to enter into this agreement wherein it is provided that Subdivider will
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install and complete, at Subdivider's own expense, all the public improvement work required by
City in connection with the proposed subdivision and will deliver to City improvement securities
as approved by the City Attorney; and
WHEREAS, a tentative map of said subdivision has heretofore been approved, subject to
certain requirements and conditions, as contained in Resolution No. 2001-364, approved on the
23rd day of October, 2001 ("Tentative Map Resolution"); and
WHEREAS, complete plans and specifications for the construction, installation and
completion of said public improvement work have been prepared and submitted to the City
Engineer, as shown on Drawings Nos. 03116-01 through 03116-09, and inclusive, on file in the
office of the City Engineer; and
WHEREAS, an estimate of the cost of constructing said public improvements according
to said plans and specifications has been submitted and approved by the City in the amount of
NINE HUNDRED SEVENTY ONE THOUSAND ONE HUNDRED TWENTY - NINE
DOLLARS AND NO CENTS ($971,129.00).
NOW, THEREFORE, IT IS MUTUALLY UNDERSTOOD AND AGREED AS
FOLLOWS:
1. Subdivider, for itself and his successors in interest, an obligation the burden of which
encumbers and runs with the land, agrees to comply with all of the terms, conditions and
requirements of the Tentative Map Resolution; to do and perfonn or cause to be done and
perfonned, at its own expense, without cost to City, in a good and workmanlike manner, under
the direction and to the satisfaction and approval of the City Engineer, all of the public
improvement and/or land development work required to be done in and adjoining said
subdivision, including the improvements described in the above Recitals ("Improvement Work");
and will furnish the necessary materials therefore, all in strict confonnity and in accordance with
the plans and specifications, which documents have heretofore been filed in the Office of the
City Engineer and as described in the above Recitals this reference are incorporated herein and
made a part hereof.
2. It is expressly understood and agreed that all monuments have been or will be
installed within thirty (30) days after the completion and acceptance of the Improvement Work,
and that Subdivider has installed or will install temporary street name signs if permanent street
nan1e signs have not been installed.
3. It is expressly understood and agreed that Subdivider will cause all necessary
materials to be furnished and all Improvement Work required under the provisions of this
contract to be done on or before the second anniversary date of Council approval of the
Subdivision Improvement Agreement.
4. It is understood and agreed that Subdivider will perfonn said Improvement Work as
set forth hereinabove, or that portion of said Improvement Work serving any buildings or
structures ready for occupancy in said subdivision, prior to the issuance of any certificate of
clearance for utility connections for said buildings or structures in said subdivision, and such
-2-
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certificate shall not be issued until the City Engineer has certified in writing the completion of
said public improvements or the portion thereof serving said building or structures approved by
the City; provided, however, that the improvement security shall not be required to cover the
provisions of this paragraph.
5. It is expressly understood and agreed to by Subdivider that, in the perfonnance of said
Improvement Work, Subdivider will confonn to and abide by all of the provisions of the
ordinances of the City of Chula Vista, and the laws of the State of California applicable to said
work.
6. Subdivider further agrees to furnish and deliver to the City of Chula Vista,
simultaneously with the execution of this agreement, an approved improvement security from a
sufficient surety, whose sufficiency has been approved by the City in the sum of FOUR
HUNDRED EIGHTY FIVE THOUSAND FIVE HUNDRED SIXTY FOUR AND FIFTY
CENTS ($485,564.50) which security shall guarantee the faithful performance of this contract by
Subdivider and is attached hereto, marked Exhibit "A" and made a part hereof.
7. Subdivider further agrees to furnish and deliver to the City of Chula Vista
simultaneously with the execution of this agreement, an approved improvement security from a
sufficient surety, whose sufficiency has been approved by the City in the sum of FOUR
HUNDRED EIGHTY FIVE THOUSAND FNE HUNDRED SIXTY FOUR AND FIFTY
CENTS ($485,564.50) to secure the payment of material and labor in connection with the
installation of said public improvements, which security is attached hereto, marked Exhibit "B"
and made a part hereof and the bond amounts as contained in Exhibit "B", and made a part
hereof.
8. Subdivider further agrees to furnish and deliver to the City of Chula Vista,
simultaneously with the execution of this agreement, an approved improvement security from a
sufficient surety, whose sufficiency has been approved by the City in the sum of EIGHT
THOUSAND FNE HUNDRED DOLLARS AND NO CENTS ($8,500.00) to secure the
installation of monwnents, which security is attached hereto, marked Exhibit "Coo and made a
part hereof.
9. It is further agreed that if the Improvement Work is not completed within the time
agreed herein, the sums provided by said improvement securities may be used by City for the
completion of the Improvement Work within said subdivision in accordance with such
specifications herein contained or referred, or at the option of the City, as are approved by the
City Council at the time of engaging the work to be perfonned. Upon certification of completion
by the City Engineer and acceptance of said work by City, and after certification by the Director
of Finance that all costs hereof are fully paid, the whole amount, or any part thereof not required
for payment thereof, may be released to Subdivider or its successors in interest, pursuant to the
tenDS of the improvement security. Subdivider agrees to pay to the City any difference between
the total costs incurred to perform the work, including design and administration of construction
(including a reasonable allocation of overhead), and any proceeds from the improvement
security.
-3-
{'II
10. It is also expressly agreed and understood by the parties hereto that in no case will
the City of Chula Vista, or any department, board or officer thereof, be liable for any portion of
the costs and expenses of the work aforesaid, nor shall any officer, his sureties or bondsmen, be
liable for the payment of any sum or sums for said work or any materials furnished therefore,
except to the limits established by the approved improvement security in accordance with the
requirements of the State Subdivision Map Act and the provisions of Title 18 of the Chula Vista
Municipal Code.
II. It is further understood and agreed by Subdivider that any engineering costs
(including plan checking, inspection, materials furnished and other incidental expenses) incurred
by City in connection with the approval of the Improvement Work plans and installation of
Improvement Work hereinabove provided for, and the cost of street signs and street trees as
required by City and approved by the City Engineer shall be paid by Subdivider, and that
Subdivider shall deposit, prior to recordation of the Final Map, with City a sum of money
sufficient to cover said cost.
12. It is understood and agreed that until such time as all Improvement Work is fully
completed and accepted by City, Subdivider will be responsible for the care, maintenance of, and
any damage to, the streets, alleys, easements, water and sewer lines within the proposed
subdivision. It is further understood and agreed that Subdivider shall guarantee all public
improvements for a period of one year from date of final acceptance and correct any and all
defects or deficiencies arising during said period as a result of the acts or omission of Subdivider,
its agents or employees in the perfonnance of this agreement, and that upon acceptance of the
work by City, Subdivider shall grant - to City, by appropriate conveyance, the public
improvements constructed pursuant to this agreement; provided, however, that said acceptance
shall not constitute a waiver of defects by City as set forth hereinabove.
13. It is understood and agreed that City, as indemnitee, or any officer or employee
thereof, shall not be liable for any injury to person or property occasioned by reason of the acts
or omissions of Subdivider, its agents or employees, or indemnitee, related to this agreement.
Subdivider further agrees to protect and hold the City, its officers and employees, harmless from
any and all claims, demands, causes of action, liability or loss of any sort, because of or arising
out of acts or omissions of Subdivider, its agents or employees, or indemnitee, related to this
agreement; provided, however, that the approved improvement security shall not be required to
cover the provisions of this paragraph. Such indemnification and agreement to hold harmless
shall extend to damages to adjacent or downstream properties or the taking of property from
owners of such adjacent or downstream properties as a result of the construction of said
subdivision and the public improvements as provided herein. It shall also extend to damages
resulting from diversion of waters, change in the volume of flow, modification of the velocity of
the water, erosion or siltation, or the modification of the point of discharge as the result of the
construction and maintenance of drainage systems. The approval of plans providing for any or
all of these conditions shall not constitute the assumption by City of any responsibility for such
damage or taking, nor shall City, by said approval, be an insurer or surety for the construction of
the subdivision pursuant to said approved improvement plans. The provisions of this paragraph
shall become effective upon the execution of this agreement and shall remain in full force and
-4-
?, /r;-
effect for ten (10) years following the acceptance by the City of the improvements.
14. Subdivider agrees to defend, indemnify, and hold harmless the City or its agents,
officers, and employees from any claim, action, or proceeding against the City or its agents,
officers, or employees to attack, set aside, void, or annul, an approval of the City, advisory
agency, appeal board, or legislative body concerning a subdivision, which action is brought
within the time period provided for in Section 66499.37 of the Government Code of the State of
California.
15. Assignability. Upon request of the Subdivider, any or all on-site duties and
obligations set forth herein may be assigned to Subdivider's successor in interest if the City
Manager in hislher sole discretion detennines that such an assignment will not adversely affect
the City's interest. The City Manager in hislher sole discretion may, if such assignment is
requested, pennit a substitution of securities by the successor in interest in place and stead of the
original securities described herein so long as such substituted securities meet the criteria for
security as set forth elsewhere in this Agreement. Such assignment will be in a fonD approved
by the City Attorney.
-S-
f{' 13
_._-----------~ -------------- ___n__-
SIGNATURE PAGE ONE OF TWO
SUBDIVISION IMPROVEMENT AGREEMENT
OTA Y RANCH VILLAGE 11, NEIGHBORHOOD R-3
(CVT 01-11)
IN WITNESS WHEREOF, the parties hereto have caused this agreement to be executed
the day and year first hereinabove set forth.
THE CITY OF CHULA VISTA
Stephen C. Padilla
Mayor
ATTEST:
Susan Bigelow
City Clerk
Approved as to fonD by
Ann Moore
City Attorney
-6- !,/¥-
SIGNATURE PAGE TWO OF TWO
SUBDIVISION IMPROVEMENT AGREEMENT
OTA Y RANCH VILLAGE 1 I, NEIGHBORHOOD R-3
(CVT al-lI)
BROOKFIELD SHEA OT A Y, LLC, a California Limited Liability Company
Company, Member ~ LP £~
By: ~ By: %EPHEN P. DOYLE (
Name: President
By: Shea Otay Village 11 LLC, a California Lirnited Liability Company, Member
By: Shea Homes Limited Partnership, a California Limited Partnership, its Sole Member
By: J.F. Shea C, a ~e Limited Liability company,.its G~neral Partner
By U S -'--- By '1;.:JÌ;. fo ...¿
Name: ~L.-. ;;:~ K.. 4 - Name: C~Y\+h¡ ß... k'OlL~ l
(Attach Notary Acknowledgment)
-7- f,/5
.- ------.---- ~-----------------~---_.
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California } SS.
County of San Diego
On April 30, 2004, before me, Colette Kavanagh, Notary Public,
personally appeared John W. Norman and Stephen P. Doyle,
personally known to me to be the person
whose names are subscribed to the within
COLl:ïTE KAVANAGH instrument and acknowledged to me that
Commi..lon # 1317D84 they executed the same in their authorized
lI..tary Public - Call1bmla capacity, and that by their signatures on the
San Diego County instrument the persons, or the entity upon
My Comm. 8cp1res Sap 8, 200& behalf of which the persons acted, executed
the instrument.
WITNESS my hand and official seal.
c..-~ ~~~
Place Notary Seal Above Signature of Notary Public ~
OPTIONAL
Though the information below is not required by law. it may prove vaiuable to persons relying on the document
and could prevent fraudulent removal and reattachment of this form to another document.
Description of Attached Document
Title or Type of Document:
Document Date: Number of Pages:
Signer(s) Other Than Named Above:
Capacity Claimed by Signer RightThumbpnnt
of Signer
Signer's Name: Top ofthvmb he<e
0 Individual
0 Corporate Officer - Title: Vice President
0 Partner-D Limited 0 General
0 Attorney in Fact
0 Trustee
0 Guardian or Conservator
0 Other:
Signer is Representing:
t, lif
State of California )
) s.s.
County of San Diego)
On April 30, 2004, before me, Elizabeth G. Blust, Notary Public, personally appeared John B.
Vance and Cynthia Roush, personally known to me to be the persons whose names are subscribed
to the within instrument, and acknowledged to me that they executed the same in their authorized
capacity, and that by their signatures on the instrument the persons, or the entity upon behalf of
which the persons acted, executed the instrument.
, ¡;-¿'>-"~~~~:~",,,,- WITNESS my hand and official seal.
] Comrnission"1361322 ~ ~~-andState
~ Notary Public - California ~
~ S.n Diego County f
. My(;.:¡mm. e..p¡reoJun 17,2006
. -~ --'- - - - -
- The Remainder of this Page is Blank-
g-/1
-----~----------~-_.~---
LIST OF EXHIBITS
Exhibit "A" Improvement Security - Faithful Perfonnance
Fonn: Bond
Amount: $485,564.50
Exhibit "B" Improvement Security - Material and Labor:
Form: Bond
Amount: $485,564.50
Exhibit "C" Improvement Security - Monuments:
Fonn: Bond
Amount: $8,500.00
Securities approved as to form and amount by
City Attorney
Improvement Completion Date: Two (2) years from date of City Council approval of the
Subdivision Improvement Agreement.
J:IEnginecrlLANDDEVlProjcctslOtay Ranch Village 11\R31R3 SlA.doc
-8- r'/ ff
THE ATTACHED AGREEMENT HAS BEEN REVIEWED
AND APPROVED AS TO FORM BY THE CITY
ATTORNEY'S OFFICE AND WILL BE
FORMALL Y SIGNED UPON APPROVAL BY
THE CITY COUNCIL
O~ Cl-. /lL C ~
Þéfn Moore
City Attorney
Dated: May 11, 2004
SSIA FOR CHULA VISTA TRACT NO. 01-11, OTAY RANCH VILLAGE 11,
NEIGHBORHOOD R-3
tIC!
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RECORDING REQUEST BY: )
)
City Clerk )
)
WHEN RECORDED MAIL TO: )
)
CITY OF CHULA VISTA )
276 Fourth Avenue )
Chula Vista, CA 91910 )
Above Space for Recorder's Use
OR-619F
SUPPLEMENTAL SUBDIVISION IMPROVEMENT AGREEMENT
FOR OTAY RANCH VILLAGE ELEVEN, NEIGHBORHOOD R-3
CHULA VISTA TRACT NO. 01-11
(Conditions 1-6, 8, 9, 12, 13, 22, 40, 60, 145, 172-175, 203-205
of Resolution 2001-364)
This Supplemental Subdivision Improvement Agreement
("Agreement") is made this day of , 2004, by
and between THE CITY OF CHULA VISTA, California ("City" for
recording purposes only) and the signatories to this Agreement,
BROOKFIELD SHEA OTAY, LLC, a California Limited Liability
Corporation ("Developer" or "Owner"), with reference to the facts
set forth below, which recitals constitute a part of this
Agreement:
RECITALS
A. This Agreement concerns and affects certain real
property located in Chula Vista, California, more particularly
described on Exhibit "A" attached hereto and incorporated herein
("Property"). The Property is approved Tentative Subdivision Map
Chula Vista Tract 01-11 Otay Ranch Village Eleven and is commonly
known as Windingwalk. For purposes of this Agreement the term
"Project" shall also mean "Property".
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B. "Owner" or "Developer" means the person, persons or
entity having a legal or an equitable interest in the property or
parts thereof and includes Owner's successors-in-interest and
assigns of any property within the boundaries of the Property.
C. Developer and/or Developer's predecessor in interest
has applied for and the City has approved Tentative Subdivision
Map commonly referred to as Chula Vista Tract 01-11 ("Tentative
Subdivision Map" or "Tentative Map") for the subdivision of the
Property.
D. The City has adopted Resolution No. 2001-364
("Resolution") pursuant to which it has approved the Tentative
Subdivision Map subject to certain conditions as more particularly
described in the Resolution.
E. Developer has requested the approval of a "B" Map for
the Project ("Final Map"). Certain conditions of approval of the
Tentative Subdivision Map requires Developer to enter into an
agreement with the City prior to approval of the Final Map for the
Project.
F. City is willing, on the premises, security, terms and
conditions herein contained to approve the Final Map for which
Developer has applied and Developer has agreed to the terms and
conditions set forth herein.
G. All the terms of the Supplemental Subdivision
Improvement Agreement for Otay Ranch Village 11, "AU Map No. 1
adopted by Resolution 2003-075 and the supplemental subdivision
improvement agreement for Otay Ranch Village Eleven "A" Map
No.2, approved by Resolution 2004-107, remain in full force and
effect.
H. The following defined terms shall have the meaning set
forth herein, unless otherwise specifically indicated:
a. "Complete Construction" shall mean that the
construction of the improvements have been completed and have
been inspected and accepted by the City.
b. "Guest Builder" means those entities obtaining any
interest in the Property or a portion of the Property, after
the Final Map has been recorded.
c. "SPA Plan" means the Otay Ranch Village Eleven
Sectional Planning Area Plan as adopted by the City Council
on October 23, 2001 pursuant to Resolution No. 2001-363.
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d. "PFFP" means the Otay Ranch Village Eleven Public
Facilities Financing Plan adopted by Resolution No. 2001-363,
and as may be further amended from time to time.
e. "FSEIR 01-'02" means Final Subsequent Environmental
Impact Report and its attendant Addendum for the Otay Ranch
General Development Plan Amendments/Village Eleven Sectional
Area Plan and Conceptual Tentative Map.
f. "Improvement Plans" means all the onsite and
offsite improvements required to serve the lots created by
the Final Map, in accordance with improvement plans to be
approved by the City. Said improvements shall include, but
not limited to, asphalt concrete pavement, base, concrete
curb, gutter and sidewalk, sewer, reclaimed and potable water
utilities, drainage facilities, street lights, signage,
landscaping, irrigation, fencing and fire hydrants.
NOW, THEREFORE, in exchange for the mutual covenants, terms
and conditions herein contained, the parties agree as set forth
below.
1. Agreement App~icable to Subsequent Owners.
a. Agreement Binding Upon Successors. This Agreement
shall be binding upon and inure to the benefit of the
successors, assigns and interests of the parties as to any or
all of the Property as described on Exhibit "A" until
released by the mutual consent of the parties.
b. Agreement Runs with the Land. The burden of the
covenants contained in this Agreement ("Burden") is for the
benefit of the Property and the City, its successors and
assigns and any successor in interest thereto. City is
deemed the beneficiary of such covenants for and in its own
right and for the purposes of protecting the interest of the
community and other parties public or private, in whose favor
and for whose benefit of such covenants running with the land
have been provided without regard to whether City has been,
remained or are owners of any particular land or interest
therein. If such covenants are breached, the City shall
have the right to exercise all rights and remedies and to
maintain any actions or suits at law or in equity or other
proper proceedings to enforce the curing of such breach to
which it or any other beneficiaries of this agreement and the
covenants may be entitled.
c . Deve~oper Release on Guest Bui~der Assignments.
If Developer assigns any portion of the proj ect to a Guest
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Builder, Developer may request to be released from
Developer's obligations under this Agreement, that are
expressly assumed by the Guest Builder, provided Developer
obtains the prior written consent of the City to such
release. Such assignment to the Guest Builder shall,
however, be subject to this Agreement and the Burden of this
Agreement shall remain a covenant running with the land. The
City shall not withhold its consent to any such request for a
release so long as the assignee acknowledges that the Burden
of the Agreement runs with the land, assumes the obligations
of the Developer under this Agreement, and demonstrates, to
the satisfaction of the City, its ability to perform its
obligations under this Agreement as it relates to the portion
of the Project which is being acquired by the Assi~nee.
d. Partial. Rel.ease of Devel.oper's Assignees. If
Developer assigns any portion of the Project subject to the
Burden of this Agreement, upon request by the Developer or
its assignee, the City shall release the assignee of the
Burden of this Agreement as to such assigned portion if such
portion has complied with the requirements of this Agreement
to the satisfaction of the City and such partial release will
not, in the opinion of the City, jeopardize the likelihood
that the remainder of the Burden will not be completed.
e. Rel.ease of Individual. Lots. Upon the occurrence
of any of the following êvents, Developer shall, upon receipt
of the prior written consent of the City Manager (or
Manager's designee), have the right to release any lot(s)
from Developer's obligation under this Agreement:
i. The execution of a purchase agreement for the
sale of a residential lot to a buyer of an individual
housing unit;
ii. The conveyance of a lot to a Homeowner's
Association;
iii. The conveyance of a school site as identified
in the SPA Plan to a school district;
The City shall not withhold its consent to such release so long as
the City finds in good faith that such release will not jeopardize
the City's assurance that the obligations set forth in this
Agreement will be performed. At the request of the Developer, the
City Manager (or Manager's designee) shall execute an instrument
drafted by Developer in a recordable form acceptable to the City
Manager (or Manager's designee), which confirms the release of
such lot or parcel from the encumbrance of this Agreement.
Notwithstanding the foregoing, at the close of an individual
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homeowner's escrow on any lot or parcel encumbered by this
Agreement, such lot or parcel shall be automatically released from
the encumbrance hereof.
2. Condition No. 1 - (Agreement to all terms, covenants
and conditions). In satisfaction of Condition No. 1 of the
Resolution, Developer agrees to all of the terms, covenants and
conditions contained herein shall that binding upon and inure to
the benefit of the heirs, successors, assigns and representatives
of the Developer as to any or all of the Property.
3. Condition No. 2 - (Requirements and guidelines). In
satisfaction of Condition No. 2 of the Resolution, Developer
agrees to comply with all requirements and guidelines of the City
of Chula Vista General Plan; the City's Growth Management
Ordinance; Chula Vista Landscape Manual, Chula Design Plan; Otay
Ranch General Development Plan, Otay Ranch Resource Management
Plan, Phase 1 and Phase 2; Ranch Wide Affordable Housing Plan;
Otay Ranch Overall Design Plan; FSEIR # 01-02; Otay Ranch Village
Eleven Sectional Planning Area (SPA) Plan and supporting documents
including: Village Eleven Public Facilities Finance Plan; Village
Eleven Parks, Recreation, Open Space and Trails Plan; Village
Eleven SPA Affordable Housing Plan and the Non-Renewable Energy
Conservation Plan as amended from time to time, unless
specifically modified by the appropriate department head, with the
approval of the City Manager.- These plans may be subject to minor
modifications by the appropriate department head, with the
approval of the City Manager, however, any material modifications
shall be subject to approval by the City Council.
4. Condition No. 3 - (City's Right to Revoke or Modify
Approvals). In satisfaction of Condition No. 3 of the Resolution,
if any of the terms, covenants or conditions contained herein
shall fail to occur or if they are, by their terms, to be
implemented and maintained over time, if any of such conditions
fail to be so implemented and maintained according to their terms,
the City shall have the right to revoke or modify all approvals
herein granted including issuance of building permits, deny, or
further condition the subsequent approvals that are derived from
the approvals herein granted, institute and prosecute litigation
to compel their compliance with said conditions or seek damages
for their violation. The Developer shall be notified 10 days in
advance prior to any of the above actions being taken by the City
and shall be given the opportunity to remedy any deficiencies
identified by the City.
5. Condition No. 4 - (Hold City Harmless). In
satisfaction of Condition No. 4 of the Resolution, Developer
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""--. "-~~--~------_._~--"-----"-_."._----_. ----------
agrees to indemnify, protect, defend and hold the City harmless
from and against any and all claims, liabìli ties and costs,
including attorney's fees, arising from challenges to the
Environmental Impact Report and subsequent environmental review
for the Project and any or all entitlements and approvals issued
by the City in connection with the Project.
6. Condition No. 5 - (Comply with SPA Conditions). In
satisfaction of Condition No. 5 of the Resolution, the Developer
agrees to comply with all applicable Village Eleven SPA
conditions of approval, (PCM 99-15) as may be amended from time
to time. Developer further agrees as follows:
a. To implement the final Otay Ranch Village Eleven
Air Quality Improvement Plan (AQIP) approved measures and
include the measures as part of the Project. The Developer
further:
i. Agrees to comply and remain in compliance
with the AQIP;
ii. Wai ves any claim that adoption of the final
AQIP constitutes an improper subsequent imposition of
the condition;
Hi. Acknowledges that the City Council may, from
time-to-time, modify air quality improvement and energy
conservation measures related to new development as
various technologies and/or programs change or become
available; and
iv. Agrees prior to or concurrent with each Final
Map for the Project to modify the AQIP to incorporate
those new measures, which are in effect at the time.
Developer further acknowledges that the new measures
shall apply, as applicable, to development within all
future final map areas, but shall not be retroactive to
those areas which receive final map approval prior to
effect of the subject new measures.
b. To implement the final Otay Ranch Village Eleven
Water Conservation Plan (WCP) approved measures and include
the measures as part of the Project. The Developer further:
i. Agrees to comply and remain in compliance
with the WCP;
ii. Waives any claim that the adoption of a final
WCP constitutes an improper subsequent imposition of
the condition;
Hi. Acknowledges that the City Council may, from
time-to-time, modify water conservation measures
related to new development as various technologies
and/or programs change or become available; and 4)
agrees prior to or concurrent with each final map for
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the' Project to modify the WCP to incorporate those new
measures, which are in effect at the time. Developer
further acknowledges that the new measures shall apply
to development within all future final map areas, but
shall not be retroactive to those areas which received
final map approval prior to effect of the subject
measures.
7. Condition No. 8 - (Consistency with Land Offer
Agreement). In satisfaction of Condition No. 8 of the Resolution,
the Developer agrees that the terms, conditions and time limits
associated with this tentative map shall be consistent with the
Land Offer Agreement approved by Resolution No. 2000-116 by the
City Council on April 11, 2000 ("Land Offer Agreement") and as
amended on August 7, 2001. The Developer and City of Chula Vista
hereby agrees to comply with the provisions of the Land Offer
Agreement and all Amendments thereto, and to remain in compliance
with the entire Land Offer Agreement and Amendments for the life
of the Agreement.
8. Condi tion No. 9 - (Participate in Reserve Fund). In
satisfaction of Condition No. 9 of the Resolution, the Developer
acknowledges and agrees that a reserve fund program has been
established by Resolution No. 18288 for the funding of the Fiscal
Impact of New Development (F.I.N.D.) Model for the Otay Ranch
proj ect. The Developer agrees to provide funds to the Reserve
Fund as required by the Reserve Fund Program.
9. Condition No. 12 - (Olympic Parkway Agreement). In
satisfaction of Condition No. 12 of the Resolution, Developer
hereby agrees that if any of these conditions conflict with the
Olympic Parkway Financing and Construction Agreement approved by
Council Resolution 19410, the Olympic Parkway Financing and
Construction Agreement shall control.
10. Condi tion No. 13 - (Environmental). In satisfaction of
Condition No. 13 of the Resolution, Developer hereby agrees, to
implement, to the satisfaction of the Director of Planning and
Building, all environmental impact mitigation measures identified
in Final EIR 01-02 (SCH#2001031120) , the candidate CEQA Findings
and Mitigation Monitoring and Reporting Program (Final EIR 01-02)
for this Project.
11. Condition No. 22 - (Otay Ranch Preserve). In
satisfaction of Condition No. 22 of the Resolution, the Developer
agrees to convey fee title, or upon the consent of the Preserve
Owner/Manager (POM) and any lien holder, an easement restricting
use of the land to those permitted by the Otay Ranch Resource
Management Plan (RMP) , to the POM upon the recordation of each
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final map for an amount of land equal to the final map's
obligation to convey land to the Preserve. Where an easement is
conveyed, the Developer agrees to provide subordination of any
prior lien holders in order to ensure that the paM has a first
priority interest in such land. Where consent and subordination
cannot be obtained; the Developer shall convey fee title. Where
fee title or an easement is conveyed, access to the satisfaction
of the paM shall also be conveyed. Where an easement is granted,
each final map is subject to a condition that fee title shall be
granted upon demand by the paM. The developer further agrees to
maintain and manage the offered conveyance property consistent
with Phase 1 and 2 RMP guidelines until such time when the paM
has accepted the conveyance property.
12. Condition No. 40 - (Security) In partial satisfaction
of Condition No. 40 of the Resolution, Developer agrees to
install all improvements listed in Exhibit "8" in accordance with
approved plans to the satisfaction of the Director of General
Services.
13. Condition No. 60 - (Private water in public street) In
satisfaction of Condition No. 60 of the Resolution, Developer
agrees to not install privately owned water, reclaimed water, or
other utilities crossing any public street. Developer further
acknowledges and agrees that the installation of sleeves for
future construction of privately owned facilities may be allowed
subject to the review and approval of the City Engineer if the
following is accomplished:
a. The Developer enters into an agreement with the City
where the Developer agrees to the following:
i. Apply for an encroachment permit for
installation of the private facilities within the
public right-of-way; and,
ii. Maintain membership in an advance notice such
as the USA Dig Alert Service; and,
iii. Mark out any private facilities owned by the
Developer whenever work is performed in the area; and,
iv. The terms of this agreement shall be binding
upon the successors and assigns of the Developer.
b. Shutoff devices as determined by the City Engineer are
provided at those locations where private facilities traverse
public streets.
14. Condition No. 145 - (Seller Disclosure). In partial
satisfaction of Condition No. 145 of the Resolution, Developer
agrees to notify future property owners during escrow, by a
document to be initialed by the buyer, of maintenance
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responsibilit"ies and estimated annual cost of the MHOA.
Developer further agrees to submit the document and obtain
approval of the City Engineer and the Director of Building and
Planning prior to the distribution through escrow.
15. Condition No. 172 - (Wi thhold Permits per PFFP). In
satisfaction of Condition No. 172 of the Resolution, Developer
agrees:
a. That the City may withhold building permits for the
subject subdivision if anyone of the following occur:
i. Regional development threshold limits set by
the Chula Vista Transportation Phasing Plan, as amended
from time to time, have been reached or in order to
have the Project comply with the Growth Management
Program, as may be amended from time to time.
ii. Traffic volumes, levels of service, public
utilities and/or services either exceed the adopted
City threshold standards or fail to comply with the
then effective Growth Management Ordinance, and Growth
Management Program and any amendments thereto. Public
utilities shall include, but not be limited to, air
quality, drainage, sewer and water.
iii. The required public facilities, as identified
in the PFFP or as amended or otherwise conditioned have
not been completed or constructed to the satisfaction
of the City. The Developer may propose changes in the
timing and sequencing of development and the
construction of improvements affected. In such case,
the PFFP may be amended as approved by the City's
Director of Planning and Building and the Public Works
Director. The Developer agrees that the City may
withhold building permits for any of the phases of
development identified in the Public Facilities
Financing Plan (PFFP) for Otay Ranch Village Eleven SPA
if the required public facilities, as identified in the
PFFP or as amended by the Annual Monitoring Program
have not been completed.
b. To defend, indemnify and hold harmless the City and
its agents, officers and employees, from any claim, action or
proceeding against the City, or its agents, officers or
employees, to attack, set aside, void or annul any approval
by the City, including approval by its Planning Commission,
City Council or any approval by its agents, officers, or
employees with regard to this subdivision pursuant to Section
66499.37 of the State Map Act provided the City promptly
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notifies' the Developer of any claim, action or proceeding and
on the further condition that the City fully cooperates in
the defense.
c. To ensure that all franchised cable television
companies ("Cable Company") are permitted equal opportunity
to place conduit and provide cable television service to each
lot within the subdivision. Developer agrees that the City
of Chula Vista may grant access to cable companies franchised
by the City of Chula Vista to place conduit within the City's
easement situated within the Project. Developer shall
restrict access to the conduit to only those franchised cable
television companies who are, and remain in compliance with,
all other rules, regulations, ordinances and procedures
regulating and affecting the operation of cable television
companies as same may have been, or may from time to time be
issued by the City of Chula Vista.
d. That the City may withhold the issuance of building
permits for the Project, should the Developer be determined
by the City to be in breach of any of the terms of the
Tentative Map Conditions or any Supplemental Agreement. The
City shall provide the Developer of notice of such
determination and allow the Developer reasonable time to cure
said breach
e. To hold the City harmless from any liability for
erosion, siltation or ~ncrease flow of drainage resulting
from this Project.
16. Condi tion No. 173 - (No Protest) In satisfaction of
Condition No. 173 of the Resolution, Developer agrees to
participate, on a fair share basis, in any deficiency plan or
financial program adopted by SANDAG to comply with the Congestion
Management Program (CMP) and not protest the formation of any
future regional impact fee program or facilities benefit district
to finance the construction of regional facilities.
17. Condition No. 174 - (Previous Agreements). In
satisfaction of Condition No. 174 of the Resolution, Developer
agrees to comply with all previous agreements as they pertain to
the Tentative Map including but not limited to the "supplemental
subdi vision improvement agreement for Village 11" approved by
City Council Resolution 2003-075 on March 4, 2003, the
supplemental subdivision improvement agreement for Otay Ranch
Village Eleven "Au Map No. 2 adopted by Resolution 2004-107 and
"Agreement for Monitoring of Building permits" approved by City
Council pursuant to City Resolution 2003-167.
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18. Condition No. 175 - (Street Sweeping). In satisfaction
of Condition No. 175 of the Resolution, Developer agrees to
contract with the City's current street sweeping franchisee, or
other server approved by the City Engineer to provide street
sweeping for each phase of development on a frequency and level
of service comparable to that provided for similar areas of the
City. The Developer further agrees to cause street sweeping to
commence immediately after the final residence, in each phase, is
occupied and shall continue sweeping until such time that the
City has accepted the street or 60 days after the completion of
all punch list items, whichever is shorter.
19. Condition No. 203 - (Code Requirements). In partial
satisfaction of Condition No. 203 of the Resolution, Developer
agrees that all proposed development shall be consistent with the
Otay Ranch Village Eleven SPA planned Community District
Regulations.
20, Condition No. 204 - (Code Requirements). In partial
satisfaction of Condition No. 204 of the Resolution, Developer
agrees to comply with Chapter 19.09 of the Chula Vista Municipal
Code (Growth Management) as may be amended from time to time by
the City. Said chapter includes but is not limited to: threshold
standards (19.09.04), public facilities finance plan
implementation (19.09.090), and public facilities finance plan
amendment procedures.
21. Condition No. 205 - (Code Requirements). In partial
satisfaction of Condition No. 205 of the Resolution, Developer
acknowledges that the City amending its Growth Mana~e~ent
Ordinance to add Section 19.09.105,' to establish prov~s~ons
necessary to ensure compliance with adopted threshold standards
(particularly traffic) prior to construction of State Route 125.
Developer acknowledges and agrees that said provisions will
require the demonstration, to the satisfaction of the City
Engineer, of sufficient street system capacity to accommodate a
proposed development as a prerequisite to final map approval for
that development, and the Developer hereby agrees to comply with
adopted amendments to the Growth Management Ordinance.
22. Satisfaction of Conditions. City agrees that the
execution of this Agreement constitutes satisfaction or partial
satisfaction of Developer's obligation of Condition Nos. 1-6, 8,
9, 12, 13, 22, 40, 60, 145, 172-175, 203-205 of Resolution 2001-
364. Developer further understands and agrees that some of the
provisions herein may be required to be performed or accomplished
prior to the approval of subsequent final maps for the Project,
as may be appropriate.
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23. Unfulfilled Conditions. Developer hereby agrees,
unless otherwise conditioned, that Developer shall comply with
all unfulfilled conditions of approval of the Tentative Map,
established by Resolution No. 2001-364 and shall remain in
compliance with and implement the terms, conditions and
provisions therein.
24. Recording' This Agreement, or an abstract hereof shall
be recorded simultaneously with the recordation of the Final Map.
25. Building Permits. Developer and Guest Builders
understand and agree that the City may withhold the issuance of
building permits for the Project, should the Developer be
determined by the City to be in breach of any of the terms of
this Agreement. The City shall provide the Developer of notice
of such determination and allow the Developer with reasonable
time to cure said breach.
26. Assignablity. Upon request of the developer, any or
all on-site duties and obligations set forth herein may be
assigned to developer's successor in interest if the City manager
in his/her sole discretion determines that such an assignment
will not adversely affect the City's interest. The City Manager
in his/her sole discretion may, if such assignment is requested,
permit a substitution of securities by the successor in interest
in place and stead of the original securities described herein so
long as such substituted securities meet the criteria for
security as set forth elsewhere in this agreement. Such
assignment will be in a form approved by the City Attorney.
27. Miscellaneous.
a. Notices. Unless otherwise provided in this
Agreement or by law, any and all notices required or
permitted by this Agreement or by law to be served on or
delivered to either party shall be in writing and shall be
deemed duly served, delivered, and received when personally
delivered to the party to whom it is directed, or in lieu
thereof, when three (3) business days have elapsed following
deposit in the U.S. mail, certified or registered mail,
return receipt requested, first-class postage prepaid,
addressed to the address indicated in this Agreement. A
party may change such address for the purpose of this
paragraph by giving written notice of such change to the
other party.
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CITY OF CHULA VISTA
276 Fourth Avenue
Chula Vista, CA. 91910
Attn: City Engineer
DEVELOPER:
Brookfield Shea Otay, LLC
12865 Pointe Del Mar, Suite 200
Del Mar, CA 92014
Attn: John Norman, Vice President
Tel: (858) 481-8500
A party may c~a~ge such address for the purpose of this
paragraph by g~v~ng written notice of such change to the
other party in the manner provided in this paragraph.
b. Captions' Captions in this Agreement are inserted
for convenience of reference and do not define, describe or
limit the scope or intent of this Agreement or any of its
terms.
c. Entire Aqreemen t. This Agreement contains the
entire agreement between the parties regarding the subject
matter hereof. Any prior oral or written representations,
agreements, understandings, and/or statements shall be of no
force and effect. This Agreement is not intended to
supersede or amend any other agreement between the parties
unless expressly noted.
d. Preparation of Agreement. No inference, assumption
or presumption shall be drawn from the fact that a party or
his attorney prepared and/or drafted this Agreement. It
shall be conclusively presumed that both parties participated
equally in the preparation and/or drafting this Agreement.
e. Recita1s; Attachments' Any recitals set forth above
and exhibits attached hereto are incorporated by reference
into this Agreement.
f. Attorneys' Fees. If either party commences
litigation for the judicial interpretation, reformation,
enforcement or rescission hereof, the prevailing party will
be entitled to a judgment against the other for an amount
equal to reasonable attorney's fees and court costs incurred.
The "prevailing party" shall be deemed to be the party who is
awarded substantially the relief sought.
[NEXT PAGE IS PAGE ONE OF TWO SIGNATURE PAGES]
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[PAGE ONE OF TWO SIGNATURE PAGES TO THE SUPPLEMENTAL SUBDIVISION
IMPROVEMENT AGREEMENT FOR OTAY RANCH VILLAGE ELEVEN, PLANNING AREA
R-3, CHULA VISTA TRACT NO. 01-11]
IN WITNESS WHEREOF, the parties hereto have caused this Agreement
to be executed the day and year first hereinabove set forth.
CITY OF CHULA VISTA
Stephen C. Padilla
Mayor
Attest:
Susan Bigelow
City Clerk
Approved as to form:
Ann Moore
City Attorney
[NEXT PAGE IS PAGE TWO OF TWO SIGNATURE PAGES]
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[PAGE TWO OF'TWO SIGNATURE PAGES TO THE SUPPLEMENTAL SUBDIVISION
IMPROVEMENT AGREEMENT FOR OTAY RANCH VILLAGE ELEVEN, PLANNING AREA
R-3, CHULA VISTA TRACT NO. 01-11]
DEVELOPERS/OWNERS:
BROOKFIELD SHEA OTAY, LLC, a California Limited Liability Company
Company,
By: By:
Name: Name:
By: Shea Otay Village 11 LLC, a California Limited Liability
Company, Member
By: Shea Homes Limited Partnership, a California Limited
Partnership, its Sole Member
By: J.F. Shea LLc~elaware Limited Liability Company, its
Gener~er
By: ~ /l.----- By: r.::rl.. ]. ~
N amt" ~ I.... í5.. V..... c..-{ Name: C\Q-\-\- b ex. ¡Q OlL.<; h.
(Attach Notary Acknowledgment)
15
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CALIFORNIA ALL.PURPOSE ACKNOWLEDGMENT
State of California }ss.
County of San Diego
On April 30, 2004, before me, Colette Kavanagh, Notary Public,
personally appeared John W. Norman and Stephen P. Doyle,
personally known to me to be the person
whose names are subscribed to the within
COLETTE KAVANAGH instrument and acknowledged to me that
Commission" 13171J64 they executed the same in their authorized
"..tar; Public - Calilcmia capacity, and that by their signatures on the
San Diego County
My Camm. Expires Sap S. 2Dœ instrument the persons, or the entity upon
behalf of which the persons acted, executed
the instrument.
WITNESS my hand and official seal.
~~~~
-
Place Notary Seal Above Signature of Notary Public
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document
and could prevent fraudulent removal and reattachment of this form to another document.
Description of Attached Document
Title or Type of Document:
Document Date: Number of Pages:
Signer(s) Other Than Named Above:
Capacity Claimed by Signer Right Thumbprint
of Signer
Signer's Name: To,of~umbh.",
0 Individual
0 Corporate Officer - Title: Vice President
0 Partner-D Limited 0 General
0 Attorney in Fact
0 Trustee
0 Guardian or Conservator
0 Other:
Signer is Representing:
¡-35
State ofCalifomia )
) S.S.
County of San Diego)
On April 30, 2004, before me, Elizabeth G. Blust, Notary Public, personally appeared John B.
Vance and Cynthia Roush, personally known to me to be the persons whose names are subscribed
to the within instrument, and acknowledged to me that they executed the same in their authorized
capacity, and that by their signatures on the instrument the persons, or the entity upon behalf of
which the persons acted, executed the instrument.
WITNESS my hand and official seal.
~~~~dState
- The Remainder of this Page is Blank-
t"3~
EXHIBIT "A"
PROPERTY DESCRIPTION
Lot 1 of Chula Vista Tract No. 01-11, Otay Ranch Village 11 "A"
Map No. 2 in the City of Chula Vista, County of San Diego, State
of California, according to Map thereof No. , Field
in the Office of the County Recorder of San Diego County on
, 2004 as File No. of Official
Records.
16
?,37
EXHIBIT "B"
LIST OF SECURITIES
CV WO No Description Bond $ Bonding Company Name Bond
tnrawin" #' number
04-003 Landscape and Irrigation Plans $164,130.51 Insurance Company of the 2126495
forVillaae 11 NeiahborhoodR-3 West
J: \Engineer\LANDDEV\Projects\Otay Ranch Village 11 \R3\R3 SSIA 4-26-04 .DOC
17
~,3t
n --__"___n___~__-~----______n ---
RESOLUTION NO. 2004-
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING THE GRANT OF EASEMENTS
AND MAINTENANCE AGREEMENT FOR CHULA VISTA
TRACT 01-11, OTAY RANCH VILLAGE 11, NEIGHBORHOOD
R-3
WHEREAS, the Grant of Easements and Maintenance Agreement for Chula Vista
Tract 01-11, Otay Ranch Village II, Neighborhood R-3, sets forth the developers' obligation
through the community association to maintain landscaping in the public right of way; and
NOW, THEREFORE, BE IT RESOLVED the City Council oftheCityofChula Vista
does hereby approve the Grant of Easements and Maintenance Agreement for Chula Vista Tract 01-
II, Otay Ranch Village II, Neighborhood R-3, a copy of which shall be kept on file in the office of
the City Clerk.
BE IT FURTHER RESOLVED that the Mayor of the CityofChula Vista is hereby
authorized to execute said Agreement on behalf of the City ofChula Vista.
Presented by Approved as to fonD by
£~~~Jl?Î l/~;y;
Jack Griffin Ann'Mo e ð
Director of General Services City Attorney
.I\E"glneerILANDDEVIProjec~IOtay Ranch Village lIIRJ\Reso-Grant of EaselnentsRJ.doc
f--3'1
THE A TT ACHED AGREEMENT HAS BEEN REVIEWED
AND APPROVED AS TO FORM BY THE CITY
ATTORNEY'S OFFICE AND WILL BE
FORMALLY SIGNED UPON APPROVAL BY
THE CITY COUNCIL
,p~ I"Jì1c~
~Ann Moore
City Attorney
Dated: May 11. 2004
GRANT OF EASEMENTS AND MAINTENANCE AGREEMENT FOR CHULA VITSTA
TRACT NO. 01-11, OTAY RANCH VILLAGE 11, NEIGHBORHOOD R-3
g,,'/()
"--"---------~-----"---"-------""
RECORDING REQUESTED BY
AND WHEN RECORDED RETURN TO:
City Clerk
City ofChula Vista
276 Fourth Avenue
Chula Vista, CA 91910
No transfer tax is due as this is a conveyance to
a public agency for less than a fee interest for
which no cash consideration has been paid or
received.
(ABOVE SPACE FOR RECORDER:S USE)
GRANT OF EASEMENTS, LICENSE AND MAINTENANCE
AGREEMENT
CHULA VISTA TRACT NO. 01-11 OTAY RANCH VILLAGE 11
NEIGHBORHOOD R-3, Map No.
TWILIGHT AT WINDINGWALK
(DEDICATED EASEMENTS)
This GRANT OF EASEMENTS, LICENSE AND MAINTENANCE AGREEMENT
("Agreement") is made as of this - day of , 200_, by and between the CITY OF
CHULA VISTA, a municipal corporation ("City"), and BROOKFIELD SHEA OTA Y LLC, a California
limited liability company ("BSO, LLC").
RECITALS
A. This Agreement concerns and affects certain improvements within portions of the real
property located in Chula Vista, California, more particularly described in Exhibit " A" attached hereto
and incorporated herein ("Property"). The Property is part of a planned residential development proj ect
commonly known as Windingwalk Planned Development (and also referred to as "Otay Ranch Village
11 "), Chula Vista Tract No. 01-11, being the subject of the City Council Resolution No. Zoot -~
(the "City Resolution"). For purposes of this Agreement, the tenD "Project" shall refer to the overall
Windingwalk Planned Development project, including, but not limited to the "Property."
B. BSO, LLC is the owner of the Property and the Declarant under that certain Master
Declaration of Restrictions For Windingwalk filed or to be filed for record in the Official Records
of San Diego County, California (the "Master Declaration"). The Master Declaration provides for
4/16/04 -1- ¡"II 012200-0054244733.1
.. no_-- ----_.---- - -~----------
WlNDINGW ALK MASTER ASSOCIATION, a California Nonprofit Mutual Benefit Corporation
("MHOA") to maintain certain areas in the Project. Furtbennore, one or more sub-associations may
be fonned ("SHOA") for a particularproject(s) within WindingwalkPlannedDevelopment, the purposes
of which would include the maintenance of certain amenities within the project over which the SHOA
has jurisdiction.
C. The Property is or will become covered by that the certain final map(s) (the "Final
Maps") described on Exhibit" A" attached hereto and referenced in the title to this Agreement.
D. In order for BSO, LLC to obtain the Final Maps and for the City to have assurance
that the maintenance of certain areas within the Project would be provided for, the City and BSO,
LLC entered into a Supplemental Subdivision Improvement Agreernentpursuantto the City Resolution,
in which BSO, LLC agreed that maintenance of such areas shall be accomplished by the creation of
a home owners association. The Parcels shown on Exhibit "B" attached hereto describe those particular
areas which were dedicated to the public on one or more of the Final Maps but which include
landscaping and drainage improvements to be maintained by the MHOA. The public areas to be
maintained by the MHOA are collectively referred to as the "MHOA Maintained Public Areas."
E. The City desires to grant to BSO, LLC easements for landscape maintenance purposes
upon, over and across the MHOA Maintained Public Areas as shown on Exhibit "B," in order to
facilitate the obligations of BSO, LLC as set forth in Supplemental Subdivision Improvement
Agreements, adopted pursuant to the City Resolution.
NOW, THEREFORE, in consideration of the mutual covenants herein contained, the parties
agree as set forth below.
1. Grant of Easements. The City hereby grants to BSO, LLC and its agents, successors
and assigns, non-exclusive easements and rights-of-way over and across the MHOA Maintained Public
Areas for the purpose of maintaining, repairing and replacing landscaping improvements located thereon.
These grants are made without any warranties of any kind, express or implied, other than the warranty
stated in Paragraph 14(1) below.
2. Maintenance ObIi!!ations
(a) BSO, LLC to Initially Maintain. BSO, LLC hereby covenants and agrees,
at its sole cost and expense, to maintain, repair and replace, or cause to be maintained, repaired
or replaced, those improvements within the MHOA Maintained Public Areas which are
described on Exhibit "C" attached hereto, at a level equal to or better than the level of
maintenance which is acceptable to the Director of Public Works Operations, at his/her
discretion and equivalent to City or Community Facilities District maintained right-of-way
facilities. For purposes ofthis Agreement, the tenD "Maintenance" or "Maintain" shall mean
the maintenance, repair, the provision of water and replacement obligations described herein
and on Exhibit "C" hereto and shall also include repair and replacement at no cost to the
City of any City owned property that is damaged during perfonnance of the maintenance
4/16104 -2- 012200.0054244733.1
r¡"I.f~
responsibilities pursuant to this Agreement. Exhibit "C" also refers to the maintenance
responsibilities of the City.
(b) Transfer to MHOA. Upon BSO, LLC's transfer of maintenance obligations
to the MHOA, (i) theMHOA shall become obligated to perfonn the obligations so transferred,
and (ii) subject to the City detennining that the requirements of Paragraph 3 below have been
satisfied, BSO, LLC shall be released from such obligation. Transfer of maintenance obligations
to the MHOA may be phased (that is, there may be multiple transfers).
BSO, LLC represents to City that it intends to, and has the authority to, unilateralIy
transfer said maintenance obligations either (i) to the MHOA and that such transfer has been
provided for in the Master Declaration, and that such document(s) include the provisions
described in Paragraph 3(a)(ii) below, or alternatively(ii) to anew homeowners association
(the "New Association") established formaintenance of the open space and thoroughfare median
areas in the Property, and that such transfer shall be provided for in the declaration of restrictions
(the "New Declaration") for the New Association, and that such document(s) shalI include
the provisions described in Paragraph 3(a)(ii) below. References below in this Agreement
to the "Association" shalI include the New Association and "Declaration" shall include the
New Declaration ifBSO, LLC elects to fOnD anew homeowners association for the Property.
(c) Transfer By MHOA. The MHOA shall have the right to transfer Maintenance
obligations to a sub-association ("SHOA") or to the owner of an apartment project
("Transferee"). Upon the MHOA's transfer of Maintenance obligations to a Transferee, (i)
the Transferee shalI become obligated to perfonn the obligations so transferred, (ii) theMHOA
shall retain the right to perfonn the Maintenance should the Transferee fail to do so, and (iii)
the MHOA shall be released from the obligations so transferred subject to the City determining
that the requirements of Paragraph 4 below have been satisfied. Although it is possible that
Maintenance obligations might be transferred to an apartment owner, BSO, LLC does not
believe it is likely that Maintenance obligations will be transferred to an apartment owner.
3. Assi!!Bment bv BSO. LLC and Release of BSO. LLC
(a) Assignment. Upon BSO, LLC's transfer of the Maintenance obligations to
the MHOA, it is intended by the parties that the MHOA shall perfonn the Maintenance
obligations either itself or by contractors. Such transfer will release BSO, LLC from its
obligations only if all of the folIowing occur:
(i) MHOAAccetJts Obligation. The MHOA has unconditionally accepted
and assumed all ofBSO, LLC's obligations under this Agreement in writing, such
assignment provides that the burden of this Agreement remains a covenant running
with the land, and the assignee expressly assumes the obligations ofBSO, LLC under
this Agreement. The assignment shall also have been approved by the appropriate
governing body of the MHOA by resolution or similar procedural method and approved
as to fOnD and content by the City Attorney. The City shall not unreasonably withhold
its consent to such assignment.
4116104 -3- 012200-0054244733.1
r¡ "¥3
(ii) MHOA's Master Declaration. The City has confmned that there have
been no modifications to the recorded Master Declaration previously approved by City,
to any of the following provisions: the MHOA shall be responsible for the maintenance
of the MHOAMaintained Public Areas, the MHOA shall indemnify City for all claims,
demands, causes of action, liability or loss related to or arising from the maintenance
activities, and the MHOA shall not seek to be released by City from the maintenance
obligations oftms Agreement, without the prior consent of City and one hundred percent
(100%) of the holders of first mortgages or owners of the Property.
(iii) MHOA Insurance. The MHOA procures and fonnally resolves to
maintain at its sole cost and expense, commencing no later than the City's release of
all ofBSO, LLC's landscape maintenance bonds, a policy of public liability insurance
which at least meets the requirements of Section 5.1 (a) of the Master Declaration which
reads as follows:
(a) General Liability Insurance. The Master Association
shall obtain a comprehensive general liability and
property damage insurance policy insuring the Master
Association and the Owners against liability incident
to ownership oruse of the Master Association Property.
The limits of such insurance shall not be less than
$3 Million covering all claims for death, personal injury
and property damage arising out of a single occurrence.
The insurer issuing such insurance shall have rating by
A.M. Best of "A, Class V" or better with no modified
occurrences and as admitted by Best's Insurance Guide.
Such insurance shall include the following additional
provisions provided they are available on a
commercially reasonable basis:
(i) The City of Chula Vista shall be named as an
additionally insured party to such insurance pursuant
to the City's requirements the Master Association do
so;
(ii) The policy shall not contain a cross-suit exclusion
clause which would abrogate coverage should litigation
ensue between insureds;
(iii) The policy shall contain the following severability
clause (or language which is substantially the same):
"The coverage shall apply separately to each insured
except with respect to the limits ofliability."
This Section 5.1(a) may not be amended without the written consent
of the City Planning Director or City Attorney.
4/16104 -4- 012200-0054244733.1
?.Lf'Í
The MHOA shall provide the City with a Certificate of Insurance upon procurement
of the policy as set forth above.
(b) Release. When all conditions precedent in Paragraph 3(a) are fulfilled, BSO,
LLC shall be released from its obligations under this Agreement, including its security and
insurance requirements. BSO, LLC acknowledges that it has a contractual obligation to perfonn
the tenDS and conditions of this Agreement until and unless released by the City from this
Agreement. At least sixty (60) days prior to such transfer, BSO, LLC shall give a notice to
the City ofBSO, LLC's intent to transfer its Maintenance obligations herein and provide the
City with the appropriate documents listed in Paragraph 3(a).
4. Assi!!nment bv MHOA and Release of MHOA.
(a) Assignment. Upon MHOA's transfer of the Maintenance obligations to a
Transferee, it is intended by the parties that the Transferee shall perfonn the Maintenance
obligations either itself or by contractors. Such transfer will release the MHOA from its
obligations only if all of the following occur:
(i) Transferee Accents Obli!!ation. The Transferee has unconditionally
accepted and assumed all of the MHOA's obligations under this Agreement in writing,
such assignment provides that the burden of this Agreement remains a covenant running
with the land, and the assignee expressly assumes the obligations of the MHOA under
this Agreement. If the Transferee is an SHOA, the assignment shall also have been
approved by the appropriate governing body of the SHOA by resolution or similar
procedural method and approved as to fonD and content by the City Attorney. The
City shall not unreasonably withhold its consent to such assignment.
(ii) SHOA's Declaration ofRestrictions. If the Transferee is an SHOA, the
City has reviewed and approved the SHOA's recorded Declaration of Restrictions to
confinn that said document contains appropriate maintenance and insurance provisions.
(iii) SHOA Insurance. The Transferee procures and fonnally resolves to
Maintain at its sole cost and expense, a policyofpublic liability insurance which meets
the requirements set forth in Paragraph 3 (a) (iii) above. The SHOA shall provide
the City with a Certificate of Insurance upon acceptance of the transfer of the
Maintenance obligations herein.
(b) Release. When all conditions precedent in Paragraph 4(a) are fulfilled, the
MHOA shall be released from its obligations under this Agreement, including its security and
insurance requirements. At least sixty (60) days prior to such transfer, MHOAshall give notice
to the City of MHO A's intent to transfer its Maintenance obligations herein and provide the
City with the appropriate documents listed in Paragraph 4(a).
5. BSO.LLC's Insurance. Until such time as the MHOA has obtained the general liability
insurance required by Section 5.1 (a) of the Master Declaration, BSO, LLC agrees to procure and
4/16104 -5- 012200-0054244733.1
¡.. LIs
--~-~-
fonnally resolves to maintain at its sole cost and expense, commencing no later than the date that
the landscape architect of record has submitted a letter of substantial conformance pertaining to work
being completed to the General Services Department and the General Services Department Director
or his designee has deemed the work complete and satisfactory, a policy of public liability insurance
that would include, but is not limited to the following:
General Liabilitv Insurance. BSO, LLC shall obtain a comprehensive general liability and
property damage insurance policy insuring BSO, LLC against liability incident to ownership or use
of the Property. The limits of such insurance shall not be less than $3 Million covering all claims
for death, personal injury and property damage arising out ofa single occurrence. The insurer issuing
such insurance shall have rating by A.M. Best "A, Class V" or better with modified occurrences and
as admitted by Best's Insurance Guide. Such insurance shall include the following additional provisions
provided they are available on a commercially reasonable basis:
(i) The City ofChula Vista shall be named as an additionally insured party to such
insurance pursuant to the City's requirements BSO, LLC do so;
(ii) The policy shall not contain a cross-suit exclusion clause which would abrogate
coverage should litigation ensue between insureds and;
(iii) The policy shall contain the following severability clause (or language which
is substantially the same): "The coverage shall apply separately to each insured
except with respect to the limits ofliability."
BSO, LLC shall provide the City with a Certificate of Insurance upon procurement of the policy as
set forth above.
6. Indemnitv. BSO, LLC shall defend, indenmify and hold harmless the City, its officers,
agents and employees, from any and all actions, suits, claims, damages to persons or property, costs
including attorney's fees, penalties, obligations, errors, omissions, demands, liability, or loss of any
sort (herein "claims or liabilities"), that maybe asserted or claimed by any person, finn, or entity
because of or arising out of or in connection with the use, maintenance, or repair of the MHOA
Maintained Public Areas. BSO, LLC shall not have any liability under this section by reason of the
Transferee's failure to maintain.
7. Indemnity If Transferee. The document whereby BSO, LLC transfers a Maintenance
obligation to a Transferee shall be signed by both BSO, LLC and the Transferee and shall set forth
an express assumption ofMaintenance and other obligations hereunder and shall include the following
indemnification provision:
Indemnitv. The Transferee shall defend, indemnify, and hold harmless the City, its
officers, agents and employees, from any and all actions, suits, claims, damages to
persons or property, costs including attorney's fees, penalties, obligations, errors,
omissions, demands, liability, or loss of any sort (herein "claims or liabilities"), which
result from the Transferee's failure to comply with the requirements of the obligations
4116/04 -6- 012200-0054244733.1
f# if,
transferred hereby to Transferee. Transferee shall not have any liability under this
Indenmity by reason of another party's failure to maintain. It is specifically intended
that the City shall have the right to enforce this Indenmity. This Indenmity may not
be amended without the written consent ofthe City Director of Planning and Building
or City Attorney.
8. Agreement Binding Upon Any Successive Parties. This Agreement shall be binding
upon BSO, LLC and any successive Declarant under the Master Declaration. This Agreement shall
be binding upon MHOA and any Transferees upon transfer of maintenance obligations to the MHOA
or Transferee, respectively. This Agreement shall inure to the benefit of the successors, assigns and
interests of the parties as to any or all of the Property.
9. Agreement Runs With the Land. The burden of the covenants contained in this
Agreement ("Burden") is for the benefit of the Property and the City, its successors and assigns, and
any successor-in-interest thereto. The City is deemed the beneficiary of such covenants for and in
its own right and for the purposes of protecting the interest of the community and other parties, public
or private, in whose favor and for whose benefit such covenants running with the land have been
provided, without regard to whether the City has been, remained or are owners of any particular land
or interest therein. If such covenants are breached, the City shall have the right to exercise all rights
and remedies and to maintain any actions or suits at law or in equity or other proper proceedings to
enforce the curing of such breach to which it or any other beneficiaries of this Agreement and the
covenants may be entitled.
10. Governinl! Law. This Agreement shall be governed and construed in accordance with
the laws of the State ofCalifomia.
11. Effective Date. The tenDS and conditions of this Agreement shall be effective as of
the date this Agreernent is recorded in the Official Records of the San Diego County Recorder's Office.
12. Countemarts. This Agreement may be executed in anynumber of counterparts, each
of which shall be original and all of which shall constitute one and the same document.
13. Recordinl!. The parties shall cause this Agreement to be recorded in the Official Records
of the San Diego County Recorder's Office within thirty (30) days after this Agreement has been
approved by the City Council.
14. Miscellaneous Provisions.
(a) Notices. Unless otherwise provided in this Agreement or by law, any and all
notices required or permitted by this Agreement or by law to be served on or delivered to either
party shall be in writing and shall be deemed duly served, delivered and received when
personally delivered to the party to whom it is directed or, in lieu thereof, when three (3)
business days have elapsed following deposit in the United States mail, certified orregistered
mail, return receipt requested, first-class postage prepaid, addressed to the address indicated
4/16104 -7- 012200-0054244733.1
f;'-I7
in this Agreement. A partymaycbange such address for the purpose of this Paragraph by giving
written notice of such change to the other party.
IfTo City:
CITY OF CHULA VISTA
Department of Public WorksÆngineering Division
276 Fourth Avenue
Chula Vista, CA 91910
Attn: City Engineer
IfTo BSO, LLC:
BROOKFIELD SHEA OT A Y LLC
c/o Brookfield Otay LLC
12865 Pointe Del Mar, Suite 200
Del Mar, CA 92014
Attn: Mr. John Nonnan
With a Copy To:
Shea Otay Village 11 LLC
lO721 Treena Street, Suite 200
San Diego, CA 92131
Attn: Mr. Ryan Martin
(b) Captions. Captions in this Agreement are inserted for convenience of reference
and do not define, describe or limit the scope or intent of this Agreement or any of its tenDs.
(c) Entire Agreement. This Agreernent, together with any other written document
referred to herein, embody the entire agreement and understanding between the parties regarding
the subject matter hereof, and any and all prior or contemporaneous oral or written
representations, agreements, understandings and/or statements shall be of no force and effect.
This Agreement is not intended to supersede or amend any other agreement between the parties
unless expressly noted.
(d) Recitals; Exhibits. Any recitals set forth above and any attached exhibits are
incorporated by reference into this Agreement.
(e) Compliance With Laws. In the perfonnance of its obligations under this
Agreernent, BSO, LLC, its agents and employees, shall comply with any and all applicable
federal, state and local rules, regulations, ordinances, policies, pennits and approvals.
(f) Authority of Signatories. Each signatory and party hereto hereby warrants
and represents to the other party that it has legal authority and capacity and direction from
4116/04 -8- 012200-0054244733.1
r¡-1.f1
its principal to enter into this Agreement, and that all resolutions and/or other actions have
been taken so as to enable said signatory to enter into this Agreement.
(g) Modification. This Agreement may not be modified, terminated orrescinded,
in whole or in part, except by written instrument duly executed and acknowledged by the parties
hereto, their successors or assigns, and duly recorded in the Official Records of the San Diego
County Recorder's Office.
(h) Severability. If any tenD, covenant or condition of this Agreement or the
application thereof to any person or circumstance shall, to any extent, be invalid or
unenforceable, the remainder of this Agreement, or the application of such tenD, covenant
or condition to person or circumstance, shall not be affected thereby and each term, covenant
or condition shall be valid and be enforced to the fullest extent pennitted by law.
(i) Preparation of Agreement. No inference, assumption or presumption shall
be drawn from the fact that a party or its attorney prepared and/or drafted this Agreement.
It shall be concIusivelypresumed that both parties participated equally in the preparation and/or
drafting of this Agreement.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be
executed the day and year first set forth above.
CITY OF CHULA VISTA, a municipal corporation
By:
Stephen C. Padilla, Mayor
Attest:
Susan Bigelow, City Clerk
APPROVED AS TO FORM:
By:
Ann Moore, City Attorney
4116/04 -9- r¡- Lf1 012200-0054244733.1
- -----------_._---~-- . ------
BROOKFIELD SHEA OT A Y LLC, a California lirnited liability company
By: Brookfield Otay LLC, a Delaware limited liability company, Member
By ~, ~
Its
By
Its ~
By: Shea Otay Village 11 LLC, a California lirnited liability company,
Member
By
Its
STATE OF CALIFORNIA )
) ss.
COUNTY OF SAN DIEGO )
On , 200_, before me, ,
Notary Public in and for said State, personally appeared
,
personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s)
whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they
executed the same in hislher/their authorized capacity(ies), and that by hislher/their signature(s) on
the instrument, the person(s), or the entity upon behalf of which the person(s) acted, executed the
instrument.
WITNESS my hand and official seal.
Signature (Seal)
4116104 -10- r¡~50 012200-0054244733.1
Brookfield Shea Otay LLC, a California limit.ed liability company
By: LLC, a elaware limited liability C¡a;:m any, Member
By: Date:
Name:
Its:
Date: ~,t,-,,<:j
By: Shea Otay Village 1 I, LLC, a California limited liability company, Member
By: Shea Homes Limited Partnership, a California limited partnership, it's
Sole Member.
By: IF. Shea LLC, a Delaware limited liability company,
its Gener~rer / L - I ~
B~..~~¡'/~ D",'~
Name. °. ~ ..~r...f.
Its: .,..-
Dr ~"".: ~-?-j-a4
Name: -
Its: '. -' c...
1-5/
- -----------.----.
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California } ss.
County of San Diego
On April 29, 2004, before me, Colette Kavanagh, Notary Public,
personally appeared John W. Norman and E. Dale Gleed,
personally known to me to be the person
whose names are subscribed to the within
instrument and acknowledged to me that
COLETTE KAVANAOM they executed the same in their authorized
CommisslonjJ1311GIM capacity, and that by their signatures on the
~'-'ary Public - Cafiftlm/a instrument the persons, or the entity upon
San DIego County behalf of which the persons acted, executed
MyComm. E>;>lreeSepIl.2DDI the instrument.
WITNESS my hand and official seal.
C'..C>~~ . -
Place Notary Seal Above Signature of Notary Public
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document
and could prevent fraudulent removal and reattachment of this form to another document.
Description of Attached Document
Title or Type of Document:
Document Date: Number of Pages:
Signer(s) Other Than Named Above:
Capacity Claimed by Signer
Right Thumbprint
of Signer
Signer's Name: ropo/thumbh'"
D Individual
D Corporate Officer - Title: Vice President
D Partner-D Limited D General
D Attorney in Fact
D Trustee
D Guardian or Conservator
D Other:
Signer is Representing:
, f.. 5;;..
STATE OF CALIFORNIA )
) ss.
COUNTY OF SAN DIEGO )
On ~~ .'ð,.C{ , 200~, before me, f\fuL~ ""3"". GmJJIMfuO .
Notary Public m and for said State,~alIY appeared ~ "-"'- ~. ~{If -
-A-Arl ~~~ O~.. RI:!
,
personally known to me (O"i""Q"prl tn ~9 8ft the b!l:3is of 5At:l~fdcto!) eviàsÐce) to be the person(s)
whose name(s) ).s7are subscribed to the within instrument and acknowledged to me that~/they
executed the same in h.is.Iher/their authorized capacity(ies), and that by bH!,/fteritheir signature(s) on
the instrument, the person(s), or the entity upon behalf of which the person(s) acted, executed the
instrument.
WITNESS my hand and official seal.
MARCIA J. GOODMAN r
NOT~~IA II)
SAN DIEGO COUNTY 0
Signature COMM. EXP. JUNE 23, 2007" (Seal)
f-53
4/16104 -11- 012200-0054244733.1
--..--...---
EXHIBIT "A"
LEGAL DESCRIPTION
PARCEL A:
A PORTION OF TWILIGHT STREET AS DEDICATED TO PUBLIC USE ON CHULA VISTA
TRACT NO. 01-11, OTAY RANCH VILLAGE 11 NEIGHBORHOOD R-3ACCORDING TO MAP
THEREOF NO. -' FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN
DIEGO COUNTY ON , 2004 BEING A SUBDIVISION OF LOT 1 OF
CHULA VISTA TRACT NO. 01-11, OTAY RANCH VILLAGE 11 "A" MAP NO.2, IN THE CITY
OF CHULA VISTA, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO
MAP THEREOF NO. -' FILED IN THE OFFICE OF SAID COUNTY RECORDER, ON
,2004.
PARCEL A-1:
A PORTION OF STARLIGHT COURT AS DEDICATED TO PUBLIC USE ON CHULA VISTA
TRACT NO. 01-11, OTAY RANCH VILLAGE 11 NEIGHBORHOOD R-3 ACCORDING TO MAP
THEREOF NO. -' FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN
DIEGO COUNTY ON , 2004 BEING A SUBDIVISION OF LOT 1 OF SAID
MAP NO. -
PARCEL A-2:
A PORTION OF MORNING STAR DRIVE AS DEDICATED TO PUBLIC USE ON CHULA
VISTA TRACT NO. 01-11, OTAY RANCH VILLAGE 11 NEIGHBORHOOD R-3 ACCORDING
TO MAP THEREOF NO. -' FILED IN THE OFFICE OF THE COUNTY RECORDER OF
SAN DIEGO COUNTY ON , 2004 BEING A SUBDIVISION OF LOT 1 OF
SAID MAP NO. -
PARCEL A.3:
A PORTION OF SUMMER SKY STREET AS DEDICATED TO PUBLIC USE ON CHULA
VISTA TRACT NO. 01-11, OTAY RANCH VILLAGE 11 NEIGHBORHOOD R-3 ACCORDING
TO MAP THEREOF NO. -' FILED IN THE OFFICE OF THE COUNTY RECORDER OF
SAN DIEGO COUNTY ON ,2004 BEING A SUBDIVISION OF LOT 1 OF
SAID MAP NO. -
PAGE 1 OF 2 ¡---5 f
:TS M:\0553\175\Legal DescriptionslA01 R-3 HOA STREETS.doc
WO 553-175 3/9/04
PARCEL A-4:
A PORTION OF SWEET SAGE STREET AS DEDICATED TO PUBLIC USE ON CHULA
VISTA TRACT NO. 01-11, OTAY RANCH VILLAGE 11 NEIGHBORHOOD R-3 ACCORDING
TO MAP THEREOF NO. -' FILED IN THE OFFICE OF THE COUNTY RECORDER OF
SAN DIEGO COUNTY ON , 2004 BEING A SUBDIVISION OF LOT 1 OF
SAID MAP NO. -
PARCEL A-5:
A PORTION OF CROSSROADS STREET AS DEDICATED TO PUBLIC USE ON CHULA
VISTA TRACT NO. 01-11, OTAY RANCH VILLAGE 11 NEIGHBORHOOD R-3ACCORDING
TO MAP THEREOF NO. -' FILED IN THE OFFICE OF THE COUNTY RECORDER OF
SAN DIEGO COUNTY ON ,2004 BEING A SUBDIVISION OF LOT 1 OF
SAID MAP NO. -
ð~#.d4 :?,~/&oD4
DAVID W. AMBLER loS. 7322
HUNSAKER & ASSOCIATES SAN DIEGO, INC.
PAGE 2 OF 2 ¡-55
:TS M:\0553\175\Legal DescriptionslA01 R-3 HOA STREETS. doc
WO 553-175 3/9104
. .---..----.---,,-. -----
~ AREA TO BE MAINTAINED EXHIBIT "B"
BY ASSOCIATION SHEET 1 OF 2
CHULA VISTA TRACT NO. 01-11
OTAY RANCH
VILLAGE 11 NEIGHBORHOOD R-3
EVENING STAR STREET g
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'U'VlYING "'1.'.)55~4S00- FXI.5.)55~1414 (/. S I:;
R:\0441\d:Mop\_HDA /MINT EX SHT O/.OWG[/275]Mor-O5-2004:/3:03 - w.o. 553-175 CJ
- ------- --- ---... - ----- - .
~ AREA TO BE MAINTAINED EXHIBIT "B"
BY ASSOCIATION SHEET 2 OF 2
CHULA VISTA TRACT NO. 01-11
OTAY RANCH
VILLAGE 11 NEIGHBORHOOD R-3
0 100 200 300 HIDDEN PATH DRIVE
r-.-- - I
SCALE 1"= 100' A
18
1
17 2
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SEE SHEET NO.1 15
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!NaNEERING s.. "',go, C. 92121 ¡-57
SURVEY1NG PHlasa)s"..soo. FXI85a)5S~141'
R:\0441\&Map\HOA MAlNT EX SHT 02.dwg{ 1275JMar-05-2004:13:10 - w.o. 553-175
.. .--.....-.-----..-..-.-.------
EXHIBIT "C"
Maintenance Responsibilities
City of Chula Vista
Area HOA Maintenance Maintenance
Parkways within those Landscaping in the parkways Maintenance of curb, gutter,
portions of those public road including irrigation, trimming sidewalks and pavement.
shown on Exhibit "B" and pruning of trees, and
maintenance and irrigation of
turf areas.
f-se
4/16/04 012200-0054244733.1
COUNCIL AGENDA STATEMENT
Item q
Meeting Date: 5/18/04
ITEM TITLE: Resolution approving the Final Map of Chula Vista Tract No.
01-11, Otay Ranch Village 11, Neighborhood R-10; approving the
associated Subdivision Improvement Agreement for the completion of
improvements; and approving a Supplemental Subdivision Improvement
Agreement for Chula Vista Tract No. 01-11, Otay Ranch Village 11,
Neighborhood R-lO.
Resolution approving the Grant of Easements and
Maintenance Agreement for Chula Vista Tract 01-11, Otay Ranch
Village 11, Neighborhood R-10.
SUBMITTED BY: Director of General Services / City Engineer ~
REVIEWED BY: City Manage#: (t. ,,\y (4/5ths Vote: Yes- No~
.fr On October 23, 2001 Council approved a Tentative Subdivision Map for Otay Ranch Village
II. Approval of the Final "Boo Map and its associated Subdivision and Supplemental
Subdivision Improvement Agreements, and a Grant of Easements & Maintenance Agreement
will allow the project to proceed.
RECOMMENDATION: That Council adopt the resolutions.
BOARDS AND COMMISSIONS: N/A
DISCUSSION:
Chula Vista Tract No. 01-11, Otay Ranch Village 11, Neighborhood R-10 is a 17.204-acre
project generally located south of Eastlake Greens within the area commonly known as
Windingwalk. The project consists of 89 residential lots, and 10 lots for private common
facilities (Attachment 1). The Tentative Map was approved October 23,2001 (Resolution No.
2001-364).
Final Map: The Final "Boo Map has been reviewed by the City Engineer and found to be in
substantial confonnance with the approved Tentative Map. The developer, Brookfield Shea
Otay, LLC, has already paid all applicable fees.
Council approval of the Final Map will constitute:
. Acceptance by the City ofthe public streets.
. Acknowledgment of the Irrevocable Offer of Dedication of Fee Interest for open space
and other public purposes within the subdivision granted on the map.
. Acceptance by the City of the landscape buffer, sight visibility, and 2-ft. wall
easements.
q-{
. ..-------.---...---.
Item ~,page 2
Meeting Date: 5/18/04
Associated Agreements: In addition to Final Map approval, staff recommends that Council
approve the following agreements associated with the project:
1. Subdivision Improvement Agreement: Requires the Developer to complete the
improvements required by said Subdivision. Security bonds have been provided,
guaranteeing the completion of all improvements and monumentation required by the
Municipal Code.
2. Supplemental Subdivision Improvement Agreement: Addresses several unfulfilled
conditions of the Tentative Map approved by Resolution No. 2001-364. These
conditions will remain in effect until completed by the developer and/or their
successors(s) in interest.
3. Grant of Easements & Maintenance Agreement: Establishes certain specific obligations
and responsibilities for the maintenance of certain improvements located along the
public parkways - Copper Penny Drive, Quiet Trail Drive, Picket Fence Drive, and
Sweet Sage Street - by the developer and/or their successor(s) in interest, as required
by the Tentative Map conditions of approval.
The above agreements have been reviewed by staff, and approved as to fOnD by the City
Attorney.
FISCAL IMPACT: There is no impact to the General Fund. The developer has paid all fees
and other costs associated with the proposed Final Map and agreements.
Attachments:
Attachment 1: Plat ofChula Vista Tract 01-01, Otay Ranch Village 11, Neighborhood R-10
Attachment 2: Developer's Disclosure Statement
Exhibit A: Subdivision Improvement Agreement
Exhibit B: Supplemental Subdivision Improvement Agreement
Exhibit C: Grant of Easements & Maintenance Agreement
LP File No. OR621F
J: IEngineerlLANDDEVIProjectslOtay Ranch Village 11 IR10\R-10 CAScb.doc
q--;)--
CHULA VISTA TRACT NO. 01-11
OTAY RANCH
VILLAGE 11 NEIGHBORHOOD R-1O
~
II HUNSAKER 0 800 1600 2400 ~
~ ¡ :s:: !'~1~9f~~ TES ~.... - I
SCALE 1"= 800'
PlANNING 10179 H""""I"", 51...,
ENGINEERING S," O¡"go, Co 92121 q-3
SURVEYING PH(a58)"a."oo. FXI85a)55a.1414
R:\O436\&<Map\AX R-10 CITY OVtRI.A~dwg[ 1275]Apr-O3-2004:13:18 - w.O. 553-176
-. --~-------------
City of Chu1a Vista Disclosure Statement
Pursuant to Council Policy 101-0 I, prior to any action upon matters that will require discretionary action by the
Council, Planning Commission and all other official bodies of the City, a statement of disclosure of certain
ownership orfmancial interests, payments, or campaign contributions for a City ofChula Vista election must be
filed. The following infonnation must be disclosed:
1. List the names of all persons having a financial interest in the property that is the subject of the
application or the contract, e.g., owner, applicant, contractor, subcontractor, material supplier.
ßSO LL-~
~~ D1Al( LLL-
12JAi ~-l /to L/Á..-;
2. If any person" identified pursuant to (I) above is a corporation or partnership, list the names of all
individuals with a $2000 investment in the business (corporation/partnership) entity.
}J/A(
3. If any person" identified pursuant to (I) above is anon-profit organization or 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.
AJ/f\
4. Please identify every person, including any agents, employees, consultants, or independent contractors
you have assigned to represent you before the City in this matter.
jO\-iJ\J fJi).NwJ \-tUÁhilt<ftR ¿\ M§j)t»\'t£s,
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(,.\~~lL Œh\WJ ~
5. Has any person" associated with this contract had any financial dealings with an official"" of the City of
Chula Vista as it relates to this contract within the past 12 months. Yes- N°-Ä-
q-t.f
City of Chu1a Vista Disclosure Statement
If Yes, briefly describe the nature of the financial interest the official"" may have in this contract.
JJ{A;
6. Have you made a contribution of more than $250 within the past twelve (12) months to a current member
of the Chula Vista City Council? No ~ Yes - If yes, which Council member?
7.
Have you provided more than $340 (or an item of equivalent value) to an official"" of the CityofChula
Vista in the past twelve (12) months? (This includes being a source of income, money to retire a legal
debt, gift, loan, etc.) Yes - No -X-
If Yes, which official"" and what was the nature of item provided?
Date:3} / 3ö / C/t
~ VŒ- ~\OCAJ(
Print or type name of Contractor/Applicant
" Person is defined as: any individual, finn, co-partnership, joint venture, association, social club, fÌaternal
organization, corporation, estate, trust, receiver, syndicate, any other county, city, municipality, district, or
other political subdivision, -or any other group or combination acting as a unit.
"" Official includes, but is not limited to: Mayor, Council member, Planning Commissioner, Member of a
board, commission, or committee of the City, employee, or staff members.
EAuom",\fo"",\di~I"mo 'laternont 3-6-03
q-S
RESOLUTION NO. 2004--
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING THE FINAL MAP OF CHULA
VISTA TRACT NO. 01-11, OTAY RANCH VILLAGE 11,
NEIGHBORHOOD R-lO; APPROVING THE ASSOCIATED
SUBDIVISION IMPROVEMENT AGREEMENT FOR THE
COMPLETION OF IMPROVEMENTS; AND APPROVING A
SUPPLEMENTAL SUBDIVISION IMPROVEMENT
AGREEMENT FOR CHULA VISTA TRACT NO. 01-11, OTAY
RANCH VILLAGE 11, NEIGHBORHOOD R-10
WHEREAS, the developer, Brookfield Shea Otay LLC has submitted a final map for
Otay Ranch Village 11, Neighborhood R-10; and
WHEREAS, the developer has executed a Subdivision Improvement Agreement to install
public facilities associated with the project; and
WHEREAS, the developer has executed a Supplemental Subdivision Improvement
Agreement to satisfy remaining conditions of City Council Resolution No. 2001-364.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula
Vista hereby finds that certain map survey entitled Chula Vista Tract 01-11, Otay Ranch Village
II, Neighborhood R-10, and more particularly described as follows:
Being a subdivision of Lot 6 of Chula Vista Tract No. 01-11 Otay Ranch Village II "A" Map
No.2, in the City of Chula Vista, State of California, according to map thereof No. - filed
in the Office of the County Recorder of San Diego County on ,2004:
Area: 17.204 Acres
No. of Lots: 99
Numbered Lots: 89
Lettered Lots: 10
is made in the manner and fonD prescribed by law and confonns to the surrounding surveys; and
that said map and subdivision of land shown thereon is hereby approved and accepted.
BE IT FURTHER RESOLVED, that the City Council accepts on behalf of the public the
public streets, to-wit: Copper Penny Drive, Quiet Trail Drive, Picket Fence Drive, and Sweet
Sage Street, and said streets are hereby declared to be public streets and dedicated to the public
use all as shown on Otay Ranch Village 11, Neighborhood R-10 within said subdivision.
BE IT FURTHER RESOLVED that said Council hereby acknowledges on behalf of the
City of Chula Vista the Irrevocable Offer of Dedication of Fee Interest of Lots "A" through "J"
for open space and other public purposes all as shown on Otay Ranch Village 11 Neighborhood
R-10 within said subdivision.
BE IT FURTHER RESOLVED, said Council hereby accepts on behalf of the City of
Chula Vista the landscape buffer, sight visibility, and 2-foot wall easements all shown on Otay
Ranch Village 11, Neighborhood R-10 within said subdivision.
q-~
.-......-..-..--.------.-..
Resolution 2004- -
Page 2
BE IT FURTHER RESOLVED the City Council of the City of Chula Vista does hereby
approve certain Subdivision Improvement Agreement for Chula Vista Tract No. 01-11, Otay
Ranch Village 11, Neighborhood R-1 0 for the completion of improvements in said subdivision, a
copy of which shall be kept on file in the office of the City Clerk.
BE IT RESOLVED the City Council of the City of Chula Vista does hereby approve the
Supplemental Subdivision Improvement Agreement for Chula Vista Tract No. 01-11, Otay
Ranch Village 11, Neighborhood R-lO, a copy of which shall be kept on file in the office of the
City Clerk.
BE IT FURTHER RESOLVED that the City Clerk of the City of Chula Vista is hereby
authorized and directed to endorse upon said map the action of said Council; that said Council
has approved said subdivision map, and that said public streets are accepted on behalf of the
public as therefore stated, and that the Irrevocable Offer of Dedication of the fee interest of said
lots be acknowledged, and that the easements as granted on Otay Ranch Village 11,
Neighborhood R-10 map within said subdivision is accepted on behalf of the City ofChula Vista
as hereinabove state.
BE IT FURTHER RESOLVED that the City Clerk is hereby directed to transmit said
map to the Clerk of the Board of Supervisors of the County of San Diego.
BE IT FURTHER RESOLVED that the Mayor of the City of Chula Vista is hereby
authorized to execute said agreements for and on behalf of the City of Chula Vista.
Presented by Approved as to fonD by
~~".--C~~
Jack Griffin Ann 0
Director of General Services City Attorney
J:IEngineerlLANDDEVlProjectslOtay Ranch Village IIIRIOIReso RIO.doc
Q,1
THE ATTACHED AGREEMENT HAS BEEN REVIEWED
AND APPROVED AS TO FORM BY THE CITY
ATTORNEY'S OFFICE AND WILL BE
FOR-MALL Y SIGNED UPON APPROVAL BY
THE CITY COUNCIL
(fk-mP J!:~
City Attorney
Dated: May 11,2004
SIA FOR THE COMPLETION OF IMPROVEMENTS FOR CHULA VISTA
TRACT NO. 01-11, OTAY RANCH VILLAGE 11, NEIGHBORHOOD R-I0
>,
"'-
"
q-8
Recording Requested by:
CITY CLERK
When Recorded, Mail to:
CITY OF CHULA VISTA
276 Fourth Avenue
Chula Vista, CA 91910
No transfer tax is due as this is a conveyance
to a public agency of less than a fee interest
for which no cash consideration has been paid or
received.
Declarant
SUBDIVISION IMPROVEMENT AGREEMENT
THIS AGREEMENT, made and entered into this - day of , 2004, by and
between THE CITY OF CHULA VISTA, a municipal corporation, hereinafter called "City",
BROOKFIELD SHEA OTA Y, LLC, a California limited liability company, 12865 Pointe Del
Mar, Suite 200, Del Mar, CA, hereinafter called "Subdivider" with reference to the facts set forth
below, which Recitals constitute a part of this Agreement;
RECITALS:
WHEREAS, Subdivider is about to present to the City Council of the City of Chula Vista
for approval and recordation, a final subdivision map of a proposed subdivision, to be known as
OTAY RANCH VILLAGE 11 NEIGHBORHOOD R-IO (CVT 01-11) pursuant to the
provisions of the Subdivision Map Act of the State of California, and in compliance with the
provisions of Title 18 of the Chula Vista Municipal Code relating to the filing, approval and
recordation of subdivision map; and
WHEREAS, the Code provides that before said map is fmally approved by the Council of
the City of Chula Vista, Subdivider must have either installed and completed all of the public
improvements and/or land development work required by the Code to be installed in
subdivisions before final maps of subdivisions are approved by the Council for purpose of
recording in the Office of the County Recorder of San Diego County, or, as an alternative
thereto, Subdivider shall enter into an agreement with City, secured by an approved
improvement security to insure the perfonnance of said work pursuant to the requirements of
Title 18 of the Chula Vista Municipal Code, agreeing to install and complete, free of liens at
Subdivider's own expense, all of the public improvements and/or land development work
required in said subdivision within a definite period of time prescribed by said Council; and
WHEREAS, Subdivider is willing in consideration of the approval and recordation of
said map by the Council, to enter into this agreement wherein it is provided that Subdivider will
-1-
1ßj
- -~--------~-~-------
install and complete, at Subdivider's own expense, all the public improvement work required by
City in connection with the proposed subdivision and will deliver to City improvement securities
as approved by the City Attorney; and
WHEREAS, a tentative map of said subdivision has heretofore been approved, subject to
certain requirements and conditions, as contained in Resolution No. 2001-364, approved on the
23rd day of October, 2001 ("Tentative Map Resolution"); and
WHEREAS, complete plans and specifications for the construction, installation and
completion of said public improvement work have been prepared and submitted to the City
Engineer, as shown on Drawings Nos. 03152-01 through 03152-09, and inclusive, on file in the
office of the City Engineer; and
WHEREAS, an estimate of the cost of constructing said public improvements according
to said plans and specifications has been submitted and approved by the City in the amount of
ONE MILLION TWENTY THOUSAND TWO HUNDRED THIRTY SEVEN DOLLARS
AND NO CENTS ($1,020,237.00).
NOW, THEREFORE, IT IS MUTUALLY UNDERSTOOD AND AGREED AS
FOLLOWS:
I. Subdivider, for itself and his successors in interest, an obligation the burden of which
encumbers and runs with the land, agrees to comply with all of the tenDs, conditions and
requirements of the Tentative Map Resolution; to do and perfonn or cause to be done and
perfonned, at its own expense, without co~t to City, in a good and workmanlike manner, under
the direction and to the satisfaction and approval of the City Engineer, all of the public
improvement and/or land development work required to be done in and adjoining said
subdivision, including the improvements described in the above Recitals ("Improvement Work");
and will furnish the necessary materials therefore, all in strict confonnity and in accordance with
the plans and specifications, which documents have heretofore been filed in the Office of the
City Engineer and as described in the above Recitals t1ùs reference are incorporated herein and
made a part hereof.
2. It is expressly understood and agreed that all monuments have been or will be
installed within thirty (30) days after the completion and acceptance of the Improvement Work,
and that Subdivider has installed or will install temporary street name signs if permanent street
name signs have not been installed.
3. It is expressly understood and agreed that Subdivider will cause all necessary
materials to be furnished and all Improvement Work required under the provisions of this
contract to be done on or before the second anniversary date of Council approval of the
Subdivision Improvement Agreement.
4. It is understood and agreed that Subdivider will perfonn said Improvement Work as
set forth hereinabove, or t11at portion of said Improvement Work serving any buildings or
structures ready for occupancy in said subdivision, prior to the issuance of any certificate of
clearance for utility connections for said buildings or structures in said subdivision, and such
-2- q-/IJ
certificate shall not be issued until the City Engineer has certified in writing the completion of
said public improvements or the portion thereof serving said building or structures approved by
the City; provided, however, that the improvement security shall not be required to cover the
provisions of this paragraph.
5. It is expressly understood and agreed to by Subdivider that, in the performance of said
Improvement Work, Subdivider will confonn to and abide by all of the provisions of the
ordinances of the City of Chula Vista, and the laws of the State of California applicable to said
work.
6. Subdivider further agrees to furnish and deliver to the City of ChuJa Vista,
simultaneously with the execution of this agreement, an approved improvement security from a
sufficient surety, whose sufficiency has been approved by the City in the sum of FIVE
HUNDRED TEN THOUSAND ONE HUNDRED NINETEEN AND NO CENTS ($510,119.00)
which security shall guarantee the faithful perfonnance of this contract by Subdivider and is
attached hereto, marked Exhibit "A" and made a part hereof.
7. Subdivider further agrees to furnish and deliver to the City of Chula Vista
simultaneously with the execution of this agreement, an approved improvement security from a.
. sufficient surety, whose sufficiency has been approved by the City in the sum of FIVE
HUNDRED TEN THOUSAND ONE HUNDRED NINETEEN AND NO CENTS ($510,1 19.00)
to secure the payment of material and labor in connection with the installation of said public
improvements, which security is attached hereto, marked Exhibit "B" and made a part hereof and
the bond amounts as contained in Exhibit "B", and made a part hereof.
8. Subdivider further agrees to furnish and deliver to the City of Chula Vista,
simultaneously with the execution of this agreement, an approved improvement security from a
sufficient surety, whose sufficiency has been approved by the City in the sum of FIFTEEN
THOUSAND FIVE HUNDRED DOLLARS AND NO CENTS ($15,500.00) to secure the
installation of monuments, which security is attached hereto, marked Exhibit "Coo and made a
part hereof.
9. It is further agreed that if the Improvement Work is not completed within the time
agreed herein, the sums provided by said improvement securities may be used by City for the
completion .of the Improvement Work within said subdivision in accordance with such
specifications herein contained or referred, or at the option of the City, as are approved by the
City Council at the time of engaging the work to be perfonned. Upon certification of completion
by the City Engineer and acceptance of said work by City, and after certification by the Director
of Finance that all costs hereof are fully paid, the whole amount, or any part thereof not required
for payment thereof, may be released to Subdivider or its successors in interest, pursuant to the
tenDS of the improvement security. Subdivider agrees to pay to the City any difference between
the total costs incurred to perfonn the work, including design and administration of construction
(including a reasonable allocation of overhead), and any proceeds from the improvement
security.
-3- Cj-I/
- -.-....--.--.--.---..-----------
10. It is also expressly agreed and understood by the parties hereto that in no case will
the City of Chula Vista, or any department, board or officer thereof, be liable for any portion of
the costs and expenses of the work aforesaid, nor shall any officer, his sureties or bondsmen, be
liable for the payment of any sum or sums for said work or any materials furnished therefore,
except to the limits established by the approved improvement security in accordance with the
requirements of the State Subdivision Map Act and the provisions of Title 18 of the Chula Vista
Municipal Code.
11. It is further understood and agreed by Subdivider that any engineering costs
(including plan checking, inspection, materials furnished and other incidental expenses) incurred
by City in connection with the approval of the Improvement Work plans and installation of
Improvement Work hereinabove provided for, and the cost of street signs and street trees as
required by City and approved by the City Engineer shall be paid by Subdivider, and that
Subdivider shall deposit, prior to recordation of the Final Map, with City a sum of money
sufficient to cover said cost.
12. It is understood and agreed that until such time as all Improvement Work is fully
completed and accepted by City, Subdivider will be responsible for the care, maintenance of, and
any damage to, the streets, alleys, easements, water and sewer lines within the proposed
subdivision. It is further understood and agreed that Subdivider shall guarantee all public
improvements for a period of one year from date of final acceptance and correct any and all
defects or deficiencies arising during said period as a result of the acts or omission of Subdivider,
its agents or employees in the perfonnance of this agreement, and that upon acceptance of the
work by City, Subdivider shall grant to City, by appropriate conveyance, the public
improvements constructed pursuant to this. agreement; provided, however, that said acceptance
shall not constitute a waiver of defects by City as set forth hereinabove.
13. It is understood and agreed that City, as indemnitee, or any officer or employee
thereof, shall not be liable for any injury to person or property occasioned by reason of the acts
or omissions of Subdivider, its agents or employees, or indemnitee, related to this agreement.
Subdivider further agrees to protect and hold the City, its officers and employees, harmless from
any and all claims, demands, causes of action, liability or loss of any sort, because of or arising
out of acts or omissions of Subdivider, its agents or employees, or indemnitee, related to this
agreement; provided, however, that the approved improvement security shall not be required to
cover the provisions of this paragraph. Such indemnification and agreement to hold harmless
shall extend to damages to adjacent or downstream properties or the taking of property from
owners of such adjacent or downstream properties as a result of the construction of said
subdivision and the public improvements as provided herein. It shall also extend to damages
resulting from diversion of waters, change in the volume of flow, modification of the velocity of
the water, erosion or siltation, or the modification of the point of discharge as the result of the
construction and maintenance of drainage systems. The approval of plans providing for any or
all of these conditions shall not constitute the assumption by City of any responsibility for such
damage or taking, nor shall City, by said approval, be an insurer or surety for the construction of
the subdivision pursuant to said approved improvement plans. The provisions of this paragraph
shall become effective upon the execution of this agreement and shaIl remain in fuIl force and
effect for ten (10) years foIl owing the acceptance by the City of the improvements.
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14. Subdivider agrees to defend, indemnify, and hold harmless the City or its agents,
officers, and employees from any claim, action, or proceeding against the City or its agents,
officers, or employees to attack, set aside, void, or annul, an approval of the City, advisory
agency, appeal board, or legislative body concerning a subdivision, which action is brought
within the time period provided for in Section 66499.3 7 of the Government Code of the State of
California.
15. Assignability. Upon request of the Subdivider, any or all on-site duties and
obligations set forth herein may be assigned to Subdivider's successor in intërest if the City
Manager in his/her sole discretion determines that such an assignment will not adversely affect
the City's interest. The City Manager in his/her sole discretion may, if such assignment is
requested, permit a substitution of securities by the successor in interest in place and stead of the
original securities described herein so long as such substituted securities meet the criteria for
security as set forth elsewhere in this Agreement. Such assignment will be in a form approved
by the City Attorney.
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SIGNATURE PAGE ONE OF TWO
SUBDNISION IMPROVEMENT AGREEMENT
OTA Y RANCH VILLAGE 11, NEIGHBORHOOD R-IO
(CVT 01-11)
IN WITNESS WHEREOF, the parties hereto have caused this agreement to be executed
the day and year fIrst hereinabove set forth.
THE CITY OF CHULA VISTA
Stephen C. Padilla
Mayor
ATTEST:
Susan Bigelow
City Clerk
Approved as to fonn by
Ann Moore
City Attorney
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SIGNATURE PAGE TWO OF TWO
SUBDIVISION IMPROVEMENT AGREEMENT
OTAY RANCH VILLAGE 11, NEIGHBORHOOD R-IO
(CVT 01-11)
BROOKFIELD SHEA OT A Y, LLC, a California Limited Liability Company
By: Brookfield Otay LLC,
a Delaware 'mited Liab" ity Company, Member
By: By: x:ß~f;~£ of
Nam ' v-I Name: President
By: Shea Otay Village 11 LLC, a California Limited Liability Company, Member
By: Shea Homes Limited Partnership, a California Limited Partnership, its Sole Member
By: J.F. Shea LLC, a ze Limited Liability Company, its General Partner
By: ~ ~ ~ By: , -
~ v:. .
Name: ~~." g. (h( C--\... - Name: C'(Y't\l\ì(\ ef)\«¡.h
(Attach Notary Acknowledgment)
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.----- _._---~---_..-
CALIFORNIA ALL.PURPOSE ACKNOWLEDGMENT
State of California } 55.
County of San Diego
On April 30, 2004, before me, Colette Kavanagh, Notary Public,
personally appeared John W. Norman and Stephen P. Doyle,
personally known to me to be the person
whose names are subscribed to the within
instrument and acknowledged to me that
COlETTE KAIIANAC!H they executed the same in their authorized
Commi..lon 1311O1M capacity, and that by their signatures on the
"-.tory Public - California instrument the persons, or the entity upon
San Diego co= behalf of which the persons acted, executed
My C""em. Expires Sap 6, 2DCI the instrument.
"'C".~".
WITNESS my hand and officiai seal.
C,~ ~~
Place Notary Seal Above Signature of Notary Public ~
OPTIONAL
ThDugh the infDlmetiDn below is not required by law, it may prove valuable tD persons relying Dn the document
and could prevent fraudulent removai and reaffachment Df this form tD another document.
Description of Attached Document
Title or Type of Document:
Document Date: Number of Pages:
Signer(s) Other Than Named Above:
Capacity Claimed by Signer Right Thumbprint
of Signer
Signer's Name: Topoflhumbh."
0 Individual
0 Corporate Officer - Title: Vice President
0 Partner-D Limited 0 General
0 Attorney in Fact
0 Trustee
0 Guardian or Conservator
0 Other:
Signer is Representing:
9- / /p
State ofCalifomia )
) S.S.
County of San Diego)
On April 30, 2004, before me, Elizabeth G. Blust, Notary Public, personally appeared John B.
Vance and Cynthia Roush, personally known to me to be the persons whose names are subscribed
to the within instrument, and acknowledged to me that they executed the same in their authorized
capacity, and that by their signatures on the instrument the persons, or the entity upon behalf of
which the persons acted, executed the instrument.
WITNESS my hand and official seal.
i--'~-~~------~
ELIZABETH G. BLUST
~-.,~,= ' ~
~ Notary Public. California j ,
Z San Diego County - -
~ - ,- - ,:'Y;c:m~~I~~f Not blic in and s d ' and State
- The Remainder of this Page is Blank-
c¡ ,,/ 7
--------~~-
LIST OF EXHIBITS
Exhibit "A" Improvement Security - Faithful Perfonnance
Form: Bond
Amount: $510,119.00
Exhibit "B" Improvement Security - Material and Labor:
Fonn: Bond
Amount: $510,119.00
Exhibit "C" Improvement Security - Monuments:
Fonn: Bond
Amount: $15,500.00
Securities approved as to fonD and amount by
City Attorney
Improvement Completion Date: Two (2) years from date of City Council approval of the
Subdivision Improvement Agreement.
J:\EngineerILANDDEv\ProjectsIOtay Ranch Village II IRIOIRI 0 SIA.doc
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THE ATTACHED AGREEMENT HAS BEEN REVIEWED
AND APPROVED AS TO FORM BY THE CITY
ATTORNEY'S OFFICE AND WILL BE
FORMALL Y SIGNED UPON APPROVAL BY
THE CITY COUNCIL
~ ~~o~--
City Attorney
Dated:May 11, 2004
SSIA FOR CHULA VISTA TRACT NO. 01-11, OTAY RANCH VILLAGE 11
NEIGHBORHOOD R-10
"
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RECORDING REQUEST BY: )
)
City Clerk )
)
WHEN RECORDED MAIL TO: )
)
CITY OF CHULA VISTA )
276 Fourth Avenue )
Chula Vista, CA 91910 )
Above Space for Recorder's Use
OR-621F
SUPPLEMENTAL SUBDIVISION IMPROVEMENT AGREEMENT
FOR OTAY RANCH VILLAGE ELEVEN, NEIGHBORHOOD R-10
CHULA VISTA TRACT NO. 01-11
(Conditions 1-6, 8, 9, 12, 13, 22, 40, 60, 145, 172-175, 203-205
of Resolution 2001-364)
This Supplemental Subdivision Improvement Agreement
("Agreement") is made this day of , 2004, by
and between THE CITY OF CHULA VISTA, California ("City" for
recording purposes only) and the signatories to this Agreement,
BROOKFIELD SHEA OTAY, LLC, a California Limited Liability
Corporation ("Developer" or "Owner"), with reference to the facts
set forth below, which recitals constitute a part of this
Agreement:
RECITALS
A. This Agreement concerns and affects certain real
property located in Chula Vista, California, more particularly
described on Exhibit "A" attached hereto and incorporated herein
("Property"). The Property is approved Tentative Subdivision Map
Chula Vista Tract 01-11 Otay Ranch Village Eleven and is commonly
known as Windingwalk. For purposes of this Agreement the term
"Project" shall also mean "Property".
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B. "Owner" or "Developer" means the person, persons or
entity having a legal or an equitable interest in the property or
parts thereof and includes Owner's successors-in-interest and
assigns of any property within the boundaries of the Property.
C. Developer and/or Developer's predecessor in interest
has applied for and the City has approved Tentative Subdivision
Map commonly referred to as Chula Vista Tract. 01-11 ("Tentative
Subdivision Map" or "Tentative Map") for the subdivision of the
Property.
D. The City has adopted Resolution No. 2001-364
("Resolution") pursuant to which it has approved the Tentative
Subdivision Map subject to certain conditions as more particularly
described in the Resolution.
E. Developer has requested the approval of a "B" Map for
the Project ("Final Map"). Certain conditions of approval of the
Tentative Subdivision Map requires Developer to enter into an
agreement with the City prior to approval of the Final Map for the
Project.
F. City is willing, on the premises, security, terms and
conditions herein contained to approve the Final Map for which
Developer has applied and Developer has agreed to the terms and
conditions set forth herein.
G. All the terms of the Supplemental Subdivision
Improvement Agreement for Otay Ranch Village 11, "A" Map No. 1
adopted by Resolution 2003-075 and the supplemental subdivision
improvement agreement for Otay Ranch Village Eleven "Au Map
No.2, approved by Resolution 2004~107, remain in full force and
effect.
H. The following defined terms shall have the meaning set
forth herein, unless otherwise specifically indicated:
a. "Complete Construction" shall mean that the
construction of the improvements have been completed and have
been inspected and accepted by the City.
b. "Guest Builder" means those entities obtaining any
interest in the Property or a portion of the Property, after
the Final Map has been recorded.
c. "SPA Plan" means the Otay Ranch Village Eleven
Sectional Planning Area Plan as adopted by the City Council
on October 23, 2001 pursuant to Resolution No. 2001-363.
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d. "PFFP" means the Otay Ranch Village Eleven Public
Facilities Financing Plan adopted by Resolution No. 2001-363,
and as may be further amended from time to time.
e. "FSEIR 01-02" means Final Subsequent Environmental
Impact Report and its attendant Addendum for the Otay Ranch
General Development Plan Amendments/Village Eleven Sectional
Area Plan and Conceptual Tentative Map.
f. "Improvement Plans" means all the onsite and
offsi te improvements required to serve the lots created by
the Final Map, in accordance with improvement plans to be
approved by the City. Said improvements shall include, but
not limited to, asphalt concrete pavement, base, concrete
curb, gutter and sidewalk, sewer, reclaimed and potable water
utilities, drainage facilities, street lights, signage,
landscaping, irrigation, fencing and fire hydrants.
NOW, THEREFORE, in exchange for the mutual covenants, terms
and conditions herein contained, the parties agree as set forth
below.
1. Agreement App1.icab1.e to Subsequent Owners.
a. Agreement Binding Upon Successors. This Agreement
shall be binding upon and inure to the benefit of the
successors, assigns and interests of the parties as to any or
all of the Property as described on Exhibit "A" until
released by the mutual consent of the parties.
b. Agreement Runs with the Land. The burden of the
covenants contained in this Agreement ("Burden") is for the
benefit of the Property and the City, its successors and
assigns and any successor in interest thereto. City is
deemed .the beneficiary of such covenants for and in its own
right and for the purposes of protecting the interest of the
community and other parties public or private, in whose favor
and for whose benefit of such covenants running with the land
have been provided without regard to whether City has been,
remained or are owners of any particular land or interest
therein. If such covenants are breached, the City shall
have the right to exercise all rights and remedies and to
maintain any actions or suits at law or in equity or other
proper proceedings to enforce the curing of such breach to
which it or any other beneficiaries of this agreement and the
covenants may be entitled.
c . Deve1.oper Release on Guest Bui1.der Assignments.
If Developer assigns any portion of the Project to a Guest
3
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Builder, Developer may request to be released from
Developer's obligations under this Agreement, that are
expressly assumed by the Guest Builder, provided Developer
obtains the prior written consent of the City to such
release. Such assignment to the Guest Builder shall,
however, be subject to this Agreement and the Burden of this
Agreement shall remain a covenant running with the land. The
City shall not withhold its consent to any such request for a
release so long as the assignee acknowledges that the Burden
of the Agreement runs with the land, assumes the obligations
of the Developer under this Agreement, and demonstrates, to
the satisfaction of the City, its ability to perform its
obligations under this Agreement as it relates to the portion
of the Project which is being acquired by the Assignee.
d. Parti.al. Rel.ease of Developer's Assi.gnees. If
Developer assigns any portion of the Project subj ect to the
Burden of this Agreement, upon request by the Developer or
its assignee, the City shall release the assignee of the
Burden of this Agreement as to such assigned portion if such
portion has complied with the requirements of this Agreement
to the satisfaction of the City and such partial release will
not, in the opinion of the City, jeopardize the likelihood
that the remainder of the Burden will not be completed.
e. Release of Indi.vi.dual Lots. Upon the occurrence
of any of the following êvents, Developer shall, upon receipt
of the prior written consent of the City Manager (or
Manager's designee), have the right to release any lot(s)
from Developer's obligation under this Agreement:
i. The execution of a purchase agreement for the
sale of a residential lot to a buyer of an individual
housing unit;
ii . The conveyance of a lot to a Homeowner's
Association;
iii. The conveyance of a school site as identified
in the SPA Plan to a school district;
The City shall not withhold its consent to such release so long as
the City finds in good faith that such release will not jeopardize
the City's assurance that the obligations set forth in this
Agreement will be performed. At the request of the Developer, the
City Manager (or Manager's designee) shall execute an instrument
drafted by Developer in a recordable form acceptable to the City
Manager (or Manager's designee), which confirms the release of
such lot or parcel from the encumbrance of this Agreement.
Notwithstanding the foregoing, at the close of an individual
4
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homeowner's escrow on any lot or parcel encumbered by this
Agreement, such lot or parcel shall be automatically released from
the encumbrance hereof.
2. Condition No. 1 - (Agreement to all terms, covenants
and conditions). In satisfaction of Condition No. 1 of the
Resolution, Developer agrees to all of the terms, covenants and
conditions contained herein shall that binding upon and inure to
the benefit of the heirs, successors, assigns and representatives
of the Developer as to any or all of the Property.
3. Condition No. 2 - (Requirements and guidelines). In
satisfaction of Condition No. 2 of the Resolution, Developer
agrees to comply with all requirements and guidelines of the City
of Chula Vista General Plan; the. City's Growth Management
Ordinance; Chula Vista Landscape Manual, Chula Design Plan; Otay
Ranch General Development Plan, Otay Ranch Resource Management
Plan, Phase 1 and Phase 2; Ranch Wide Affordable Housing Plan;
Otay Ranch Overall Design Plan; FSEIR # 01-02; Otay Ranch Village
Eleven Sectional Planning Area (SPA) Plan and supporting documents
including: Village Eleven Public Facilities Finance Plan; Village
Eleven Parks, Recreation, Open Space and Trails Plan; Village
Eleven SPA Affordable Housing Plan and the Non-Renewable Energy
Conservation Plan as amended from time to time, unless
specifically modified by the appropriate department head, with the
approval of the City Manager. - These plans may be subject to minor
modifications by the appropriate department head, with the
approval of the City Manager, however, any material modifications
shall be subject to approval by the City Council.
4. Condition No. 3 - (City's Right to Revoke or Modify
Approvals). In satisfaction of Condition No. 3 of the Resolution,
if any of the terms, covenants or conditions contained herein
shall fail to occur or if they are, by their terms, to be
implemented and maintained over time, if any of such conditions
fail to be so implemented and maintained according to their terms,
the City shall have the right to revoke or modify all approvals
herein granted including issuance of building permits, deny, or
further condition the subsequent approvals that are derived from
the approvals herein granted, institute and prosecute litigation
to compel their compliance with said conditions or seek damages
for their violation. The Developer shall be notified 10 days in
advance prior to any of the above actions being taken by the City
and shall be given the opportunity to remedy any deficiencies
identified by the City.
5. Condition No. 4 - (Hold City Harmless). In
satisfaction of Condition No. 4 of the Resolution, Developer
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agrees to indemnify, protect, defend and hold the City harmless
from and against any and all claims, liabilities and costs,
including attorney's fees, arising from challenges to the
Environmental Impact Report and subsequent environmental review
for the Project and any or all entitlements and approvals issued
by the City in connection with the Project.
6. Condition No. 5 - (Comply with SPA Conditions). In
satisfaction of Condition No. 5 of the Resolution, the Developer
agrees to comply with all applicable Village Eleven SPA
conditions of approval, (PCM 99-15) as may be amended from time
to time. Developer further agrees as follows:
a. To implement the final Otay Ranch Village Eleven
Air Quality Improvement Plan (AQIP) approved measures and
include the measures as part of the Project. The Developer
further:
i. Agrees to comply and remain in compliance
with the AQIP;
ii. Waives any cl-aim that adoption of the final
AQIP constitutes an improper subsequent imposition of
the condition;
iii. Acknowledges that the City Council may, from
time-to-time, modify air quality improvement and energy
conservation measures related to new development as
various technologies and/or programs change or become
available; and
iv. Agrees prior to or concurrent with each Final
Map for the Project to modify the AQIP to incorporate
those new measures, which are in effect at the time.
Developer further acknowledges that the new measures
shall apply, as applicable, to development within all
future final map areas, but shall not be retroactive to
those areas which receive final map approval prior to
effect of the subject new measures.
b. To implement the final Otay Ranch Village Eleven
Water Conservation Plan (WCP) approved measures and include
the measures as part of the Project. The Developer further:
i. Agrees to comply and remain in compliance
with the WCP;
ii. Waives any claim that the adoption of a final
WCP constitutes an improper subsequent imposition of
the condition;
iii. Acknowledges that the City Council may, from
time-to-time, modify water conservation measures
related to new development as various technologies
and/or programs change or become available; and 4)
agrees prior to or concurrent with each final map for
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the Project to modify the WCP to incorporate those new
measures, which are in effect at the time. Developer
further acknowledges that the new measures shall apply
to development within all future final map areas, but
shall not be retroactive to those areas which received
final map approval prior to effect of the subject
measures.
7. Condition No. 8 - (Consistency with Land Offer
Agreement). In satisfaction of Condition No. 8 of the Resolution,
the Developer agrees that the terms, conditions and time limits
associated with this tentative map shall be consistent with the
Land Offer Agreement approved by Resolution No. 2000-116 by the
City Council on April 11, 2000 ("Land Offer Agreement") and as
amended on August 7, 2001. The Developer and City of Chula Vista
hereby agrees to comply with the provisions of the Land Offer
Agreement and all Amendments thereto, and to remain in compliance
with the entire Land Offer Agreement and Amendments for the life
of the Agreement.
8. Condi tion No. 9 - (Participate in Reserve Fund). In
satisfaction of Condition No. 9 of the Resolution, the Developer
acknowledges and agrees that a reserve fund program has been
established by Resolution No. 18288 for the funding of the Fiscal
Impact of New Development (F.I.N.D.) Model for the Otay Ranch
Project. The Developer agrees to provide funds to the Reserve
Fund as required by the Reserve Fund Program.
9. Condition No. 12 - (Olympic Parkway Agreement). In
satisfaction of Condition No. 12 of the Resolution, Developer
hereby agrees that if any of these conditions conflict with the
Olympic Parkway Financing and Construction Agreement approved by
Council Resolution 19410, the Olympic Parkway Financing and
Construction Agreement shall control.
10. Condition No. 13 - (Environmental). In satisfaction of
Condition No. 13 of the Resolution, Developer hereby agrees, to
implement, to the satisfaction of the Director of Planning and
Building, all environmental impact mitigation measures identified
in Final EIR 01-02 (SCH#2001031120) , the candidate CEQA Findings
and Mitigation Monitoring and Reporting Program (Final EIR 01-02)
for this Project.
11. Condition No. 22 - (Otay Ranch Preserve). In
satisfaction of Condition No. 22 of the Resolution, the Developer
agrees to convey fee title, or upon the consent of the Preserve
Owner/Manager (POM) and any lien holder, an easement restricting
use of the land to those permitted by the Otay Ranch Resource
Management Plan (RMP) , to the POM upon the recordation of each
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final map for an amount of land equal to the final map's
obligation to convey land to the Preserve. Where an easement is
conveyed, the Developer agrees to provide subordination of any
prior lien holders in order to ensure that the paM has a first
priority interest in such land. Where consent and subordination
cannot be obtained, the Developer shall convey fee title. Where
fee title or an easement is conveyed, access to the satisfaction
of the paM shall also be conveyed. Where an easement is granted,
each final map is subject to a condition that fee title shall be
granted upon demand by the paM. 'Phe developer further agrees to
maintain and manage the offered conveyance property consistent
with Phase 1 and 2 RMP guidelines until such time when the paM
has accepted the conveyance property.
12. Condition No. 40 - (Security) In partial satisfaction
of Condition No. 40 of the Resolution, Developer agrees to
install all improvements listed in Exhibit "B" in accordance with
approved plans to the satisfaction of the Director of General
Services.
13. Condition No. 60 - (Private water in public street) In
satisfaction of Çondi tion No. 60 of the Resolution, Developer
agrees to not install privately owned water, reclaimed water, or
other utilities crossing any public street. Developer further
acknowledges and agrees that the installation of sleeves for
future construction of privately owned facilities may be allowed
subject to the review and approval of the City Engineer if the
following is accomplished:
a. The Developer enters into an agreement with the City
where the Developer agrees to the following:
i. Apply for an encroachment permit for
installation of the private facilities within the
public right-of-way; and,
ii. Maintain membership in an advance notice such
as the USA Dig Alert Service; and,
iii. Mark out any private facilities owned by the
Developer whenever work is performed in the area; and,
iv. The terms of this agreement shall be binding
upon the successors and assigns of the Developer.
b. Shutoff devices as determined by the City Engineer are
provided at those locations where private facilities traverse
public streets.
14. Condition No. 145 - (Seller Disclosure). In partial
satisfaction of Condition No. 145 of the Resolution, Developer
agrees to notify future property owners during escrow, by a
document to be initialed by the buyer, of maintenance
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responsibiliiies and estimated annual cost of the MHOA.
Developer further agrees to submit the document and obtain
approval of the City Engineer and the Director of Building and
Planning prior to the distribution through escrow.
15. Condi tion No. 172 - (Withhold Permits per PFFP). In
satisfaction of Condition No. 172 of the Resolution, Developer
agrees:
a. That the City may withhold building permits for the
subject subdivision if anyone of the following occur:
i. Regional development threshold limits set by
the Chula Vista Transportation Phasing Plan, as amended
from time to time, have been reached or in order to
have the Project comply with the Growth Management
Program, as may be amended from time to time.
ii. Traffic volumes, levels of service, public
utilities and/or services either exceed the adopted
City threshold standards or fail to comply with the
then effective Growth Management Ordinance, and Growth
Management Program and any amendments thereto. Public
utilities shall include, but not be limited to, air
quality, drainage, sewer and water.
iii. The required public facilities, as identified
in the PFFP or as ænended or otherwise conditioned have
not been completed or constructed to the satisfaction
of the City. The Developer may propose changes in the
timing and sequencing of development and the
construction of improvements affected. In such case,
the PFFP may be amended as approved by the City's
Director of Planning and Building and the Public Works
Director. The Developer agrees that the City may
withhold building permits for any of the phases of
development identified in the Public Facilities
Financing Plan (PFFP) for Otay Ranch Village Eleven SPA
if the required public facilities, as identified in the
PFFP or as amended by the Annual Monitoring Program
have not been completed.
b. To defend, indemnify and hold harmless the City and
its agents, officers and employees, from any claim, action or
proceeding against the City, or its agents, officers or
employees, to attack, set aside, void or annul any approval
by the City, including approval by its Planning Commission,
City Council or any approval by its agents, officers, or
employees with regard to this subdivision pursuant to Section
66499.37 of the State Map Act provided the City promptly
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notifies. the Developer of any claim, action or proceeding and
on the further condition that the City fully cooperates in
the defense.
c. To ensure that all franchised cable television
companies ("Cable Company") are permitted equal opportunity
to place conduit and provide cable television service to each
lot within the subdivision. Developer agrees that the City
of Chula Vista may grant access to cable companies franchised
by the City of Chula Vista to place conduit within the City's
easement situated within the Project. Developer shall
restrict access to the conduit to only those franchised cable
television companies who are, and remain in compliance with,
all other rules, regulations, ordinances and procedures
regulating and affecting the operation of cable television
companies as same may have been, or may from time to time be
issued by the City of Chula Vista.
d. That the City may withhold the issuance of building
permits for the Project, should the Developer be determined
by the City to be in breach of any of the terms of the
Tentative Map Conditions or any Supplemental Agreement. The
City shall provide the Developer of notice of such
determination and allow the Developer reasonable time to cure
said breach
e. To hold the CH:y harmless from any liability for
erosion, siltation or increase flow of drainage resulting
from this Project.
16. Condition No. 173 - (No Protest) In satisfaction of
Condition No. 173 of the Resolution, Developer agrees to
participate, on a fair share basis, in any deficiency plan or
financial program adopted by SANDAG to comply with the Congestion
Management Program (CMP) and not protest the formation of any
future regional impact fee program or facilities benefit district
to finance the construction of regional facilities.
17. Condition No. 174 - (Previous Agreements). In
satisfaction of Condition No. 174 of the Resolution, Developer
agrees to comply with all previous agreements as they pertain to
the Tentative Map including but not limited to the "supplemental
subdivision improvement agreement for Village 11" approved by
City Council Resolution 2003-075 on March 4, 2003, the
supplemental subdivision improvement agreement for Otay Ranch
Village Eleven "A" Map No. 2 adopted by Resolution 2004-107 and
"Agreement for Monitoring of Building Permits" approved by City
Council pursuant to City Resolution 2003-167.
10
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18, Condition No. 175 - (Street Sweeping), In satisfaction
of Condition No. 175 of the Resolution, Developer agrees to
contract with the City's current street sweeping franchisee, or
other server approved by the City Engineer to provide street
sweeping for each phase of development on a frequency and level
of service comparable to that provided for similar areas of the
City. The Developer further agrees to cause street sweeping to
commence immediately after the final residence, in each phase, is
occupied and shall continue sweeping until such time that the
City has accepted the street or 60 days after the completion of
all punch list items, whichever is shorter.
19. Condition No. 203 - (Code Requirements). In partial
satisfaction of Condition No. 203 of the Resolution, Developer
agrees that all proposed development shall be consistent with the
Otay Ranch Village Eleven SPA Planned Community District
Regulations.
20. Condition No. 204 - (Code Requirements). In partial
satisfaction of Condition No. 204 of the Resolution, Developer
agrees to comply with Chapter 19.09 of the Chula Vista Municipal
Code (Growth Management) as may be amended from time to time by
the City. Said chapter includes but is not limited to: threshold
standards (19.09.04), public facilities finance plan
implementation (19.09.090), and public facilities finance plan
amendment procedures.
21. Condition No. 205 - (Code Requirements). In partial
satisfaction of Condition No. 205 of the Resolution, Developer
acknowledges that the City amending its Growth Mana~e~ent
Ordinance to add Section 19.09.105, to establish prov~s~ons
necessary to ensure compliance with adopted threshold standards
(particularly traffic) prior to construction of State Route 125.
Developer acknowledges and agrees that said provisions will
require the demonstration, to the satisfaction of the City
Engineer, of sufficient street system capacity to accommodate a
proposed development as a prerequisite to final map approval for
that development, and the Developer hereby agrees to comply with
adopted amendments to the Growth Management Ordinance.
22. Satisfaction of Conditions. City agrees that the
execution of this Agreement constitutes satisfaction or partial
satisfaction of Developer's obligation of Condition Nos. 1-6, 8,
9, 12, 13, 22, 40, 60, 145, 172-175, 203-205 of Resolution 2001-
364. Developer further understands and agrees that some of the
provisions herein may be required to be performed or accomplished
prior to the approval of subsequent final maps for the Project,
as may be appropriate.
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23. Unfulfilled Conditions. Developer hereby agrees,
unless otherwise conditioned, that Developer shall comply with
all unfulfilled conditions of approval of the Tentative Map,
established by Resolution No. 2001-364 and shall remain in
compliance with and implement the terms, conditions and
provisions therein.
24. Recording' This Agreement, or an abstract hereof shall
be recorded simultaneously with the recordation of the Final Map.
25. Building Permits. Developer and Guest Builders
understand and agree that the City may withhold the issuance of
building permits for the Project, should the Developer be
determined by the City to be in breach of any of the terms of
this Agreement. The City shall provide the Developer of notice
of such determination and allow the Developer with reasonable
time to cure said breach.
26. Assignablity. Upon request of the developer, any or
all on-site duties and obligations set forth herein may be
assigned to developer's successor in interest if the City manager
in his/her sole discretion determines that such an assignment
will not adversely affect the City's interest. The City Manager
in his/her sole discretion may, if such assignment is requested,
permit a substitution of sec~rities by the successor in interest
in place and stead of the original securities described herein so
long as such substituted securities meet the criteria for
security as set forth elsewhere in this agreement. Such
assignment will be in a form approved by the City Attorney.
27. Miscellaneous.
a. Notices' Unless otherwise provided in this
Agreement or by law, any and all notices required or
permitted by this Agreement or by law to be served on or
delivered to either party shall be in writing and shall be
deemed duly served, delivered, and received when personally
delivered to the party to whom it is directed, or in lieu
thereof, when three (3) business days have elapsed following
deposit in the U.S. mail, certified or registered ma iI,
return receipt requested, first-class postage prepaid,
addressed to the address indicated in this Agreement. A
party may change such address for the purpose of this
paragraph by giving written notice of such change to the
other party.
12
C¡-3/
CITY OF CHULA VISTA
276 Fourth Avenue
Chula Vista, CA. 91910
Attn: City Engineer
DEVELOPER:
Brookfield Shea Otay, LLC
12865 Pointe Del Mar, Suite 200
Del Mar, CA 92014
Attn: John Norman, Vice President
Tel: (858) 481-8500
A party may change such address for the purpose of this
paragraph by giving written notice of such change, to the
other party in the manner provided in this paragraph.
b. Captions' Captions in this Agreement are inserted
for convenience of reference and do not define, describe or
limit the scope or intent of this Agreement or any of its
terms.
c. Entire Agreement. This Agreement contains the
entire agreement between the parties regarding the subject
matter hereof. Any prior oral or written representations,
agreements, understandings, and/or statements shall be of no
force and effect. Tl1is Agreement is not intended to
supersede or amend any other agreement between the parties
unless expressly noted.
d. Preparation of Agreement. No inference, assumption
or presumption shall be drawn from the fact that a party or
his attorney prepared and/or drafted this Agreement. It
shall be conclusively presumed that both parties participated
equally in the preparation and/or drafting this Agreement.
e. Recitals; Attachments' Any recitals set forth above
and exhibits attached hereto are incorporated by reference
into this Agreement.
f. Attorneys I Fees. If either party commences
litigation for the judicial interpretation, reformation,
enforcement or rescission hereof, the prevailing party will
be entitled to a judgment against the other for an amount
equal to reasonable attorney's fees and court costs incurred.
The "prevailing party" shall be deemed to be the party who is
awarded substantially the relief sought.
[NEXT PAGE IS PAGE ONE OF TWO SIGNATURE PAGES]
13
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-.. -----..,---..-..---..---
[PAGE ONE OF TWO SIGNATURE PAGES TO THE SUPPLEMENTAL SUBDIVISION
IMPROVEMENT AGREEMENT FOR OTAY RANCH VILLAGE ELEVEN, PLANNING AREA
R-10, CHULA VISTA TRACT NO. 01-11]
IN WITNESS WHEREOF, the parties hereto have caused this Agreement
to be executed the day and year first hereinabove set forth.
CITY OF CHULA VISTA
Stephen C. Padilla
Mayor
Attest:
Susan Bigelow
City Clerk
Approved as to form:
Ann Moore
City Attorney
[NEXT PAGE IS PAGE TWO OF TWO SIGNATURE PAGES]
14
q~33
[PAGE TWO OF' TWO SIGNATURE PAGES TO THE SUPPLEMENTAL SUBDIVISION
IMPROVEMENT AGREEMENT FOR OTAY FANCH VILLAGE ELEVEN, PLANNING AREA
R-I0, CHULA VISTA TRACT NO. 01-11]
DEVELOPERS/OWNERS:
BROOKFIELD SHEA OTAY, LLC, a California Limited Liability Company
By: Brookfield Otay LLC,
a Delawar Limited Liability Company, Me~ . l
By: . By:. ~~~l~/fl~
Name STEPHEN ~ DOYLfŸ
Name: Pro.irlont
By: Shea Otay Village 11 LLC, a California Limited Liability
Company, Member
By: Shea Homes Limited Partnership, a California Limited
Partnership, its Sole Member
By: J.F. Shea LLC, a Delaware Limited Liability Company, its
G:;p par~
By: u.~~. By: -G~~~Jl
Name:'" ~4"" -g, if<.. ,-< Name: Q",th¡c.. £7011&L
(
(Attach Notary Acknowledgment)
15
9;3t.f
_..._-- .__...-
CALIFORNIA ALL.PURPOSE ACKNOWLEDGMENT
State of California } ss.
County of San Diego
On April 30, 2004, before me, Colette Kavanagh, Notary Public,
personally appeared John W. Norman and Stephen P. Doyle,
personally known to me to be the person
whose names are subscribed to the within
COlETTE KAIfANAQM instrument and acknowledged to me that
Comml""lont1311* they executed the same in their authorized
,,_lacy Public - Calilcmla capacity, and that by their signatures on the
San Diego County instrument the persons, or the entity upon
My Comm. Expires Sap 6. 2ODII behalf of which the persons acted, executed
the instrument.
WITNESS my hand and official seal.
~~~=--~ -----
Place Notal"ý Seal Above Signature of Notal"ý Public
OPTIONAL
Though the infonnation below is not required by iaw, it may prove valuable to persons relying on the document
and could prevent fraudulent removal and reattachment of this fonn to another document.
Description of Attached Document
Title or Type of Document:
Document Date: Number of Pages:
Signer(s) Other Than Named Above:
Capacity Claimed by Signer Right Thumbprint
of Signer
Signer's Name: Top ofth"mb h."
0 Individual
0 Corporate Officer - Title: Vice President
0 Partner-O Limited 0 General
0 Attorney in Fact
0 Trustee
0 Guardian or Conservator
0 Other:
Signer is Representing:
q--85
State of California )
) S.S.
County of San Diego)
On April 30, 2004, before me, Elizabeth G. Blust, Notary Public, personally appeared John B.
Vance and Cynthia Roush, personally known to me to be the persons whose names are subscribed
to the within instrument, and acknowledged to me that they executed the same in their authorized
capacity, and that by their signatures on the instrument the persons, or the entity upon behalf of
which the persons acted, executed the instrument.
-;,,-,,',. ~ - - ""'-~~---"-1 WITNESS my hand and official seal.
El1ZA8ETH G. BLUST
i Commi..ion'1361322
~ Notary Public - California ~ ~#f~_-,-
~ s.&n Diego County f
MyCanm.E>pilBllJun 17,2006
- - -"".~ ... - - - - Not blic in ~ ' ounty and State
- The Remainder of this Page is Blank-
r¡,,!3~
EXHIBIT "A"
PROPERTY DESCRIPTION
Lot 6 of Chula Vista Tract No. 01-11, Otay Ranch Village 11 "A"
Map No.2 in the City of Chula Vista, County of San Diego, State
of California, according to Map thereof No. , Field
in the Office of the County Recorder of San Diego County on
, 2004 as File No. of Official
Records.
16
q/31
EXHIBIT fiB"
LIST OF SECURITIES
CVWONo Description Bond $ Bonding Company Name Bond
mrawin- # number
04-005 Landscape and Irrigation Plans for $180,564.46 Insurance Company of the 2126496
ViUaae 11 Neiahborhood R-10 West
J: \Engineer\LANDDEV\Projects\Otay Ranch Village 11 \R1O\R1O SSIA4-26-04. DOC
17 t¡.#3~
---------- ---------------
RESOLUTION NO. 2004-
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING THE GRANT OF EASEMENTS
AND MAINTENANCE AGREEMENT FOR CHULA VISTA
TRACT 01-11, OTAY RANCH VILLAGE 11, NEIGHBORHOOD
R-10
WHEREAS, the Grant of Easements and Maintenance Agreement for Chula Vista
Tract 01-11, Otay Ranch Village 11, Neighborhood R-lO, sets forth the developers' obligation
through the community association to maintain landscaping in the public right of way; and
NOW, THEREFORE, BE IT RESOLVED the City Council of the City ofChula Vista
does hereby approve the Grant of Easements and Maintenance Agreement for ChuIa Vista Tract 01-
11, OtayRanch Village 11, NeighborhoodR-IO, a copy of which shall be kept on file in the office of
the City Clerk.
BE IT FURTHER RESOLVED that the Mayor of the CityofChula Vista is hereby
authorized to execute said Agreement on behalf of the City ofChula Vista.
Presented by Approved as to fonD by
@g1))1. ~ /~" e
Jack Griffin . ~. A~
Ann 00' .
Director of General Services City Attorney
.L\E"g;n",'\LANDDEV\Pmjects\Otay Ranch V;l1age II \RI O\Reso-Gcant of EasemeotsRIO.doc
Cj-3CJ
THE ATTACHED AGREEMENT HAS BEEN REVIEWED
AND APPROVED AS TO FORM BY THE CITY
ATTORNEY'S OFFICE AND WILL BE
FORMALL Y SIGNED UPON APPROVAL BY
THE CITY COUNCIL
iWæ-~c- ~~
Ann Moore
City Attorney
Dated: May 11, 2004
GRANT OF EASEMENTS AND MAINTENANCE AGREEMENT FOR CHULA VISTA
TRACT NO. 01-11, OTAY RANCH VILLAGE 11, NEIGHBORHOOD R-l0
"
.,,-
9- '/-0
RECORDING REQUESTED BY
AND WHEN RECORDED RETURN TO:
City Clerk
City of Chula Vista
276 Fourth Avenue
Chula Vista, CA 91910
No transfer tax is due as this is a conveyance to
a public agency for less than afee interest for
which no cash consideration has been paid or
received.
(ABOVE SPACE FOR RECORDER'S USE)
GRANT OF EASEMENTS, LICENSE AND MAINTENANCE
AGREEMENT
CHULA VISTA TRACT NO. 01-11 OTAY RANCH VILLAGE 11
NEIGHBORHOOD R-I0, Map No.
CEDAR ROSE AT WINDINGW ALK
(DEDICATED EASEMENTS)
This GRANT OF EASEMENTS, LICENSE AND MAINTENANCE AGREEMENT
("Agreement") is made as of this - day of , 200_, by and between the CITY OF
CHULA VISTA, amunicipal corporation ("City"), and BROOKFIELD SHEA OT A Y LLC, a California
limited liability company ("BSO, LLC").
RECITALS
A. This Agreement concerns and affects certain improvements within portions of the real
property located in Chula Vista, California, more particularly described in Exhibit" A" attached hereto
and incorporated herein ("Property"). The Property is part of a planned residential development project
commonly known as Windingwalk Planned Development (and also referred to as "Otay Ranch Village
11"), Chula Vista Tract No. 01-11, being the subject of the City Council Resolution No.zoo! -364
(the "City Resolution"). For purposes of this Agreement, the term "Project" shall refer to the overall
Windingwalk Planned Development project, including, but not limited to the "Property."
B. BSO, LLC is the owner of the Property and the Declarant under that certain Master
Declaration of Restrictions For Windingwalk filed or to be filed for record in the Official Records
of San Diego County, California (the "Master Declaration"). The Master Declaration provides for
4/16104 -1- 012200-0055251877.1
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WlNDINGW ALK MASTER ASSOCIATION, a California Nonprofit Mutual Benefit Corporation
("MHOA") to maintain certain areas in the Project. Furthennore, one or more sub-associations may
be fonned ("SHOA") for a particularproj ect( s) within Windingwalk Planned Development, the purposes
of which would include the maintenance of certain amenities within the proj ect over which the SHOA
has jurisdiction.
C. The Property is or will become covered by that the certain final map(s) (the "Final
Maps") described on Exhibit" A" attached hereto and referenced in the title to this Agreement.
D. In order for BSO, LLC to obtain the Final Maps and for the City to have assurance
that the maintenance of certain areas within the Project would be provided for, the City and BSO,
LLC entered into a Supplemental Subdivision Improvement Agreement pursuant to the City Resolution,
in which BSO, LLC agreed that maintenance of such areas shall be accomplished by the creation of
a home owners association. The Parcels sbown on Exhibit "B" attached hereto describe those particular
areas which were dedicated to the public on one or more of the Final Maps but which include
landscaping and drainage improvements to be maintained by the MHOA. The public areas to be
maintained by the MHOA are collectively referred to as the "MHOA Maintained Public Areas."
E. The City desires to grant to BSO, LLC easements for landscape maintenance purposes
upon, over and across the MHOA Maintained Public Areas as shown on Exhibit "B," in order to
facilitate the obligations of BSO, LLC as set forth in Supplemental Subdivision Improvement
Agreements, adopted pursuant to the City Resolution.
NOW, THEREFORE, in consideration of the mutual covenants herein contained, the parties
agree as set forth below.
1. Grant of Easements. The City hereby grants to BSO, LLC and its agents, successors
and assigns, non-exclusive easements and rights-of-way over and across the MHOA Maintained Public
Areas for the purpose of maintaining, repairing and replacing landscaping improvements located thereon.
These grants are made without any warranties of any kind, express or implied, other than the warranty
stated in Paragraph 14(1) below.
2. Maintenance Obli!!ations
(a) BSO, LLC to Initially Maintain. BSO, LLC hereby covenants and agrees,
at its sole cost and expense, to maintain, repair and replace, or cause to be maintained, repaired
or replaced, those improvements within the MHOA Maintained Public Areas which are
described on Exhibit "C" attached hereto, at a level equal to or better than the level of
maintenance which is acceptable to the Director of Public Works Operations, at his/her
discretion and equivalent to City or Community Facilities District maintained right-of-way
facilities. For purposes of this Agreement, the term "Maintenance" or "Maintain" shall mean
the maintenance, repair, the provision of water and replacement obligations described herein
and on Exhibit "C" hereto and shall also include repair and replacement at no cost to the
City of any City owned property that is damaged during perfonnance of the maintenance
4116/04 -2- 012200-0055 251877.1
q-o/d-
responsibilities pursuant to this Agreement. Exhibit "C" also refers to the maintenance
responsibilities of the City.
(b) Transfer to MHOA. Upon BSO, LLC's transfer of maintenance obligations
to the MHOA, (i) theMHOA shall become obligated to perfonn the obligations so transferred,
and (ii) subject to the City detenniningthat the requirements of Paragraph 3 below have been
satisfied, BSO, LLC shall be released from such obligation. Transfer of maintenance obligations
to the MHOA maybe phased (that is, there maybe multiple transfers).
BSO, LLC represents to City that it intends to, and has the authority to, unilaterally
transfer said maintenance obligations either (i) to the MHOA and that such transfer has been
provided for in the Master Declaration, and that such document(s) include the provisions
described in Paragraph 3(a)(ii) below, or alternatively(ii) to anew homeowners association
(the 'New Association") established for maintenance of the open space and thoroughfare median
areas in the Property, and that such transfer shall be provided for in the declaration of restrictions
(the "New Declaration") for the New Association, and that such document(s) shall include
the provisions described in Paragraph 3(a)(ii) below. References below in this Agreement
to the "Association" shall include the New Association and "Declaration" shall include the
New Declaration ifBSO, LLC elects to fonD anew homeowners association for the Property.
(c) Transfer By MHOA. The MHOA shall have the right to transfer Maintenance
obligations to a sub-association ("SHOA") or to the owner of an apartment project
("Transferee"). Upon the MHOA's transfer of Maintenance obligations to a Transferee, (i)
the Transferee shall become obligated to perfonn the obligations so transferred, (ii) the MHOA
shall retain the right to perfonn the Maintenance should the Transferee fail to do so, and (iii)
theMHOA shall be released from the obligations so transferred subject to the Citydetennining
that the requirements of Paragraph 4 below have been satisfied. Although it is possible that
Maintenance obligations might be transferred to an apartment owner, BSO, LLC does not
believe it is likely that Maintenance obligations will be transferred to an apartment owner.
3. Assi!!Dment bv BSO. LLC and Release of BSO. LLC
(a) Assignment. Upon BSO, LLC's transfer of the Maintenance obligations to
the MHOA, it is intended by the parties that the MHOA shall perfonn the Maintenance
obligations either itself or by contractors. Such transfer will release BSO, LLC from its
obligations only if all of the following occur:
(i) MHOA Accepts Obligation. The MHOA has unconditionally accepted
and assumed all ofBSO, LLC's obligations under this Agreement in writing, such
assignment provides that the burden of this Agreement remains a covenant running
with the land, and the assignee expressly assumes the obligations ofBSO, LLC under
this Agreement. The assignment shall also have been approved by the appropriate
governing body of the MHOA by resolution or sirnilarprocedural method and approved
4116104 -3- 012200-0055251877.1
q-tf3
as to fonD and content by the City Attorney. The City shall not unreasonably withhold
its consent to such assignment.
(ii) MHOA's Master Declaration. The City has confinned that there have
been no modifications to the recorded Master Declaration previously approved by City,
to any of the following provisions: theMHOA shall be responsible for the maintenance
of the MHOA Maintained Public Areas, the MHOA shall indemnify City for all claims,
demands, causes of action, liability or loss related to or arising from the maintenance
activities, and the MHOA shall not seek to be released by City from the maintenance
obligations of this Agreement, without the prior consent of City and one hundred percent
(100%) of the holders of rust mortgages or owners of the Property.
(iii) MHOA Insurance. The MHOA procures and fonnally resolves to
maintain at its sole cost and expense, commencing no later than the City's release of
all ofBSO, LLC's landscape maintenance bonds, a policy of public liability insurance
which at least meets the requirements of Section 5.1 (a) of the Master Declaration which
reads as follows:
(a) General Liability Insurance. The Master Association
shall obtain a comprehensive general liability and
property damage insurance policy insuring the Master
Association and the Owners against liability incident
to ownership or use of the Master Association Property.
The limits of such insurance shall not be less than
$3 Million covering all claims for death, personal injury
and property damage arising out of a single occurrence.
The insurer issuing such insurance shall have rating by
A.M. Best of "A, Class V" or better with no modified
occurrences and as admitted by Best's Insurance Guide.
Such insurance shall include the following additional
provisions provided they are available on a
commercially reasonable basis:
(i) The City of Chula Vista shall be named as an
additionally insured party to such insurance pursuant
to the City's requirements the Master Association do
so;
(ii) The policy shall not contain a cross-suit exclusion
clause which would abrogate coverage should litigation
ensue between insureds;
(iii) The policy shall contain the following severability
clause (or language which is substantially the same):
4116104 -4- 012200-0055251877.1
q-Lfr
"The coverage shall apply separately to each insured
except with respect to the limits of liability."
This Section 5.1(a) may not be amended without the written consent
ofthe City Planning Director or City Attorney.
The MHOA shall provide the City with a Certificate of Insurance upon procurement
of the policy as set forth above.
(b) Release. When all conditions precedent in Paragraph 3(a) are fulfilled, BSO,
LLC shall be released from its obligations under this Agreement, including its security and
insurance requirements. BSO, LLC acknowledges that it has a contractual obligation to perfonn
the tenDS and conditions of this Agreement until and unless released by the City from this
Agreement. At least sixty (60) days prior to such transfer, BSO, LLC shall give a notice to
the City ofBSO, LLC's intent to transfer its Maintenance obligations herein and provide the
City with the appropriate documents listed in Paragraph 3(a).
4. Assi!!nment bv MHOA and Release ofMHOA.
(a) Assignment. Upon MHOA's transfer of the Maintenance obligations to a
Transferee, it is intended by the parties that the Transferee shall perfonn the Maintenance
obligations either itself or by contractors. Such transfer will release the MHOA from its
obligations only if all of the following occur:
(i) Transferee Accepts Obli!!ation. The Transferee has unconditionally
accepted and assumed all of the MHO A's obligations under this Agreement in writing,
such assignment provides that the burden of this Agreement remains a covenant running
with the land, and the assignee expressly assumes the obligations of the MHOA under
this Agreement. If the Transferee is an SHOA, the assignment shall also have been
approved by the appropriate goveming body of the SHOA by resolution or similar
procedural method and approved as to fonD and content by the City Attorney. The
City shall not unreasonably withhold its consent to such assignment.
(ii) SHOA's Declaration of Restrictions. If the Transferee is an SHOA, the
City has reviewed and approved the SHOA's recorded Declaration of Restrictions to
confirm that said document contains appropriate maintenance and insurance provisions.
(iii) SHOA Insurance. The Transferee procures and fonnal1y resolves to
Maintain at its sole cost and expense, a policy of public liability insurance which meets
the requirements set forth in Paragraph 3 (a) (m) above. The SHOA shall provide
the City with a Certificate of Insurance upon acceptance of the transfer of the
Maintenance obligations herein.
4/16104 .5. 012200-0055 251877.1
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_._-_.~-_._---------~--
(b) Release. When all conditions precedent in Paragraph 4(a) are fulfilled, the
MHOA shall be released from its obligations under this Agreement, including its security and
insurance requirements. At least sixty (60) days prior to such transfer, MHOA shall give notice
to the City of MHO A's intent to transfer its Maintenance obligations herein and provide the
City with the appropriate documents listed in Paragraph 4(a).
5. BSO. LLC's Insurance. Until such time as theMHOAhas obtained the general liability
insurance required by Section 5.1 (a) of the Master Declaration, BSO, LLC agrees to procure and
fonnally resolves to maintain at its sole cost and expense, commencing no later than the date that
the landscape architect of record has submitted a letter of substantial confonnance pertaining to work
being completed to the General Services Department and the General Services Department Director
or his designee has deemed the work complete and satisfactory, a policy of public liability insurance
that would include, but is not limited to the following:
General Liabi1itv Insurance. BSO, LLC shall obtain a comprehensive general liability and
property damage insurance policy insuring BSO, LLC against liability incident to ownership or use
ofthe Property. The limits of such insurance shall not be less than $3 Million covering all claims
for death, personal injury and property damage arising out ofa single occurrence. The insurer issuing
such insurance shall have rating by AM. Best "A, Class V" or better with modified occurrences and
as admitted by Best's Insurance Guide. Such insurance shall include the following additional provisions
provided they are available on a commercially reasonable basis:
(i) The CityofChula Vista shall be named as an additionally insured party to such
insurance pursuant to the City's requirements BSO, LLC do so;
(ii) The policy shall not contain a cross-suit exclusion clause which would abrogate
coverage should litigation ensue between insureds and;
(iii) The policy shall contain the following severability clause (or language which
is substantially the same): "The coverage shall apply separately to each insured
except with respect to the limits ofliability."
BSO, LLC shall provide the City with a Certificate of Insurance upon procurement of the policy as
set forth above.
6. Indemnitv. BSO, LLC shall defend, indenmify and hold harmless the City, its officers,
agents and employees, from any and all actions, suits, claims, damages to persons or property, costs
including attorney's fees, penalties, obligations, errors, omissions, demands, liability, or loss of any
sort (herein "claims or liabilities"), that maybe asserted or claimed by any person, finn, or entity
because of or arising out of or in connection with the use, maintenance, or repair of the MHOA
Maintained Public Areas. BSO, LLC shall not have any liability under this section by reason of the
Transferee's failure to maintain.
4/16104 -6- O12200-DO55251877.1
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7. Indemnitv If Transferee. The document whereby BSO, LLC transfers a Maintenance
obligation to a Transferee shall be signed by both BSO, LLC and the Transferee and shall set forth
an express assumption of Maintenance and other obligations hereunder and shall include the following
indemnification provision:
Indemnitv. The Transferee shall defend, indemnify, and hold harmless the City, its
officers, agents and employees, from any and all actions, suits, claims, damages to
persons or property, costs including attorney's fees, penalties, obligations, errors,
omissions, demands, liability, or loss of any sort (herein "claims or liabilities"),which
result from the Transferee's failure to comply with the requirements of the obligations
transferred hereby to Transferee. Transferee shall not have any liability under this
Indemnity by reason of another party's failure to maintain. It is specifically intended
that the City shall have the right to enforce this Indemnity. This Indemnity may not
be amended without the written consent of the City Director of Planning and Building
or City Attorney.
8. Agreement Binding Upon Any Successive Parties. This Agreement shall be binding
upon BSO, LLC and any successive Declarant under the Master Declaration. This Agreement shall
be binding upon MHOA and any Transferees upon transfer of maintenance obligations to the MHOA
or Transferee, respectively. This Agreement shall inure to the benefit of the successors, assigns and
interests of the parties as to any or all of the Property.
9. Agreement Runs With the Land. The burden of the covenants contained in this
Agreement ("Burden") is for the benefit of the Property and the City, its successors and assigns, and
any successor-in-interest thereto. The City is deemed the beneficiary of such covenants for and in
its own right and for the purposes of protecting the interest of the community and other parties, public
or private, in whose favor and for whose benefit such covenants running with the land have been
provided, without regard to whether the City has been, remained or are owners of any particular land
or interest therein. If such covenants are breached, the City shall have the right to exercise all rights
and remedies and to maintain any actions or suits at law or in equity or other proper proceedings to
enforce the curing of such breach to which it or any other beneficiaries of this Agreement and the
covenants may be entitled.
10. Governin!! Law. This Agreement shall be governed and construed in accordance with
the laws of the State ofCalifomia.
11. Effective Date. The terms and conditions of this Agreement shall be effective as of
the date this Agreement is recorded in the Official Records of the SanDiego County Recorder's Office.
12. Counternarts. This Agreement may be executed in any number of counterparts, each
of which shall be original and all of which shall constitute one and the same document.
4/16104 -7- 012200-0055251877.1
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_._._.~.__._--_.......
13. Recordinl!:. The parties shall cause this Agreement to be recorded in the Official Records
of the San Diego County Recorder's Office within thirty (30) days after this Agreement has been
approved by the City CounciL
14. Miscellaneous Provisions.
(a) Notices. Unless otherwise provided in this Agreement or by law, any and all
notices required or permitted by this Agreement or by law to be served on or delivered to either
party shall be in writing and shall be deemed duly served, delivered and received when
personally delivered to the party to whom it is directed or, in lieu thereof, when three (3)
business days have elapsed following deposit in the United States mail, certified or registered
mail, return receipt requested, first-class postage prepaid, addressed to the address indicated
in this Agreement. A party may change such address for the purpose of this Paragraph by giving
written notice of such change to the other party.
If To City:
CITY OF CHULA VISTA
Department of Public WorksÆngineering Division
276 Fourth Avenue
Chula Vista, CA 91910
Attn: City Engineer
If To BSO, LLC:
BROOKFIELD SHEA OT A Y LLC
c/o Brookfield Otay LLC
12865 Pointe Del Mar, Suite 200
Del Mar, CA 92014
Attn: Mr. John Nonnan
With a Copy To:
Shea Otay Village 11 LLC
10721 Treena Street, Suite 200
San Diego, CA 92131
Attn: Mr. Ryan Martin
(b) Captions. Captions in this Agreement are inserted for convenience of reference
and do not defme, describe or limit the scope or intent of this Agreernent or any of its tenDs.
(c) Entire Agreement. This Agreement, together with any other written document
referred to herein, embody the entire agreement and understanding between the parties regarding
4/16104 -8- 012200-0055251877.1
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the subject matter hereof, and any and all prior or contemporaneous oral or written
representations, agreements, understandings and/or statements shall be of no force and effect.
This Agreement is not intended to supersede or amend any other agreement between the parties
unless expressly noted.
(d) Recitals; Exhibits. Anyrecitals set forth above and any attached exhibits are
incorporated by reference into this Agreement.
(e) Compliance With Laws. In the perfonnance of its obligations under this
Agreement, BSO, LLC, its agents and employees, shall comply with any and all applicable
federal, state and local rules, regulations, ordinances, policies, permits and approvals.
(f) Authority of Signatories. Each signatory and party hereto hereby warrants
and represents to the other party that it has legal authority and capacity and direction from
its principal to enter into this Agreement, and that all resolutions and/or other actions have
been taken so as to enable said signatory to enter into this Agreement.
(g) Modification. This Agreement may not be modified, tenninated orrescinded,
in whole or in part, except by written instrument duly executed and acknowledged by the parties
hereto, their successors or assigns, and duly recorded in the Official Records of the San Diego
County Recorder's Office.
(h) Severability. If any tenD, covenant or condition of this Agreement or the
application thereof to any person or circumstance shall, to any extent, be invalid or
unenforceable, the remainder of this Agreement, or the application of such tenD, covenant
or condition to person or circumstance, shall not be affected thereby and each tenD, covenant
or condition shall be valid and be enforced to the fullest extent pennitted by law.
(i) Preparation of Agreement. No inference, assumption or presumption shall
be drawn from the fact that a party or its attorney prepared and/or drafted this Agreement.
It shall be conclusively presumed that both parties participated equally in the preparation and/or
drafting of this Agreement.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be
executed the day and year first set forth above.
CITY OF CHULA VISTA, a municipal corporation
By:
Stephen C. Padilla, Mayor
Attest:
Susan Bigelow, City Clerk
4/16104 -9- q-4Cf 012200-0055251877.1
APPROVED AS TO FORM:
By:
Ann Moore, City Attorney
BROOKFIELD SHEA OT A Y LLC, a California limited liability company
By: Brookfield Otay LLC, a Delaware limited liability company, Member
By
Its /
~~
By
Its -~
By: Shea Otay Village 11 LLC, a California limited liability company,
Member
By
Its
STATE OF CALIFORNIA )
) ss.
COUNTY OF SAN DIEGO )
On , 200_, before me,
Notary Public in and for said State, personally appeared
,
personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s)
whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they
executed the same in hislher/their authorized capacity(ies), and that by hislher/their signature(s) on
the instrument, the person(s), or the entity upon behalf of which the person(s) acted, executed the
instrument.
WITNESS my hand and official seal.
Signature (Seal)
4/16/04 -10- 0 1220a-OOSS 251877.1
Cj-5tJ
Brookfield Shea Otay LLC, a California limited liability company
By: aware limited liability company, Member
By: Date: -,tL..~..r..",,(
Name: ~
Its:
Date: ¥J~~'¡
By: Shea Otay Village 11, LLC, a Califonùa limited liability company, Member
By: Shea Homes Limited Partnership, a California linùted partnership, it's'
Sole Member.
By: J.F. Sh~a LLC Delaware limited liability company,
~a- "
~;;'r ) ~ fj&, ~
Its: . . ~,.~:?Ë¡ .
B~ at~.. 'Date;4..~q-C'-\
Name: (\ ,
Its: ~.. s'e.c... .
q-5/
CALIFORNIA ALL.PURPOSE ACKNOWLEDGMENT
State of California }ss.
County of San Diego
On April 29, 2004, before me, Colette Kavanagh, Notary Public,
personally appeared John W. Norman and E. Dale Gleed,
personally known to me to be the person
whose names are subscribed to the within
instrument and acknowledged to me that
they executed the same in their authorized
capacity, and that by their signatures on the
instrument the persons, or the entity upon
behalf of which the persons acted, executed
the instrument.
WITNESS my hand and official seal.
~ '---~ \c"'.<..A/ ~- ~ \
Place Notary Seal Above Signature of Notary Public
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document
and could prevent fraudulent removal and reattachment of this form to another document.
Description of Attached Document
Title or Type of Document:
Document Date: Number of Pages:
Signer(s) Other Than Named Above:
Capacity Claimed by Signer Right Thumbprint
of Signer
Signer's Name: Top """"mb h...
0 Individual
0 Corporate Officer - Title: Vice President
0 Partner-D Limited 0 General
0 Attorney in Fact
0 Trustee
0 Guardian or Conservator
0 Other:
Signer is Representing:
c¡ , 5;)-
STATE OF CALIFORNIA )
) ss.
COUNTY OF SAN DIEGO )
On ~~~ æ ,200~,beforeme,~~ ~) .~~ ,
Notary Public m and for said State, ~%allY appeared -:Jðk ~. l ')~~
~A ~"P~ l'~ . l~)
,
personally known to me (or )9re"¡¡è tB Hie Ôu the basis uf oát;sfaGtõlj ",;eioncc) to be the person(s)
whose name(s)jgtare subscribed to the within instrument and acknowledged to me that ~they
executed the same in his,/fteritheir authorized capacity(ies), and that by lJis,iMr/their signature(s) on
the instrument, the person(s), or the entity upon behalf of which the person(s) acted, executed the
instrument.
WITNESS my hand and official seal. MARCIA J. GOODMAN ~
NO~~ti)
SAN DIEGO COUNTY 0
COMM. EXP. JUNE 23. 2007"
Signatur (Seal)
4/16104 -11- 0122()(k)055 251877.1
q,53
-------
EXHIBIT "A"
LEGAL DESCRIPTION
PARCEL A:
A PORTION OF COPPER PENNY DRIVE AS DEDICATED TO PUBLIC USE ON CHULA
VISTA TRACT NO. 01-11, OTAY RANCH VILLAGE 11 NEIGHBORHOOD R-10 ACCORDING
TO MAP THEREOF NO. -' FILED IN THE OFFICE OF THE COUNTY RECORDER OF
SAN DIEGO COUNTY ON ,2004 BEING A SUBDIVISION OF LOT 6 OF
CHULA VISTA TRACT NO. 01-11, OTAY RANCH VILLAGE 11 "A" MAP NO.2, IN THE CITY
OF CHULA VISTA, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO
MAP THEREOF NO. -' FILED IN THE OFFICE OF SAID COUNTY RECORDER, ON
,2004.
PARCEL A-1:
A PORTION OF SWEET SAGE STREET AS DEDICATED TO PUBLIC USE ON CHULA VISTA
TRACT NO. 01-11, OTAY RANCH VILLAGE 11 NEIGHBORHOOD R-10 ACCORDING TO
MAP THEREOF NO. -' FILED IN THE OFFICE OF THE COUNTY RECORDER OF
SAN DIEGO COUNTY ON , 2004 BEING A SUBDIVISION OF LOT 6 OF
SAID MAP NO. -
PARCEL A-2:
A PORTION OF QUIET TRAIL DRIVE AS DEDICATED TO PUBLIC USE ON CHULA VISTA
TRACT NO. 01-11, OTAY RANCH VILLAGE 11 NEIGHBORHOOD R-10 ACCORDING TO
MAP THEREOF NO. -' FILED IN THE OFFICE OF THE COUNTY RECORDER OF
SAN DIEGO COUNTY ON , 2004 BEING A SUBDIVISION OF LOT 6 OF
SAID MAP NO. -
PAGE 1 OF 2 9,5t.J-
:DS M:\O553\176\Legal DescriptionslAO1 R-10 HOA STREETS.doc
WO 553-176 3/9/O4
PARCEL A-3:
A PORTION OF PICKET FENCE DRIVE AS DEDICATED TO PUBLIC USE ON CHULA VISTA
TRACT NO. 01-11, OTAY RANCH VILLAGE 11 NEIGHBORHOOD R-10 ACCORDING TO
MAP THEREOF NO. -' FILED IN THE OFFICE OF THE COUNTY RECORDER OF
SAN DIEGO COUNTY ON ,2004 BEING A SUBDIVISION OF LOT 6 OF
SAID MAP NO. -
A /~aðv ~~¡:f""4
DAV~ AMBLER
L.S. 7322
HUNSAKER & ASSOCIATES SAN DIEGO, INC.
PAGE 2 OF 2 Q,55
:os M:\O553\176\Legal OescriptionslAO1 R-10 HOA STREETS.doc
WO 553-176 3/9/04
~ AREA TO BE MAINTAINED EXHIBIT "B"
BY ASSOCIAnON SHEET 1 OF 3
CHULA VISTA TRACT NO. 01-11
OTAY RANCH
VILLAGE 11 NEIGHBORHOOD R-10
~ I ~
\ HIDDEN PATH DRIVE "D"
89 64 63 35
~
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88 65 62
37
87 66 61
38
86 67 60 ..,
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. HUNSAKER
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PLANNING 1O17'JH~""m'S"",
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SURVEYING PH(858)S".SOO. FX(858)SS>1414 q 5/-
R:\0436\&Uap\HOA 1M/liT ex SHT 01.0WG[ 127SjUar-O9-2004:14:43 - W.O. 553-176 - If""'
. ---~----_u
~ AREA TO BE MAINTAINED EXHIBIT "Boo
BY ASSOCIATION SHEET 2 OF 3
CHULA VISTA TRACT NO. 01-11
OTAY RANCH
VILLAGE 11 NEIGHBORHOOD R-10
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D
g \ HIDDEN PATH DRIVE
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24 11
23 12
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. HUNSAKER sn;ARCEL A-,"
~ ~ & ASSOCIATES T SAGE STREET
, A" '" C O. '" C SEE SHEET NO. :3
PLANNING 10179 H"~,k~. """
ENGI",!RING ", DI'go, c.. 921n
'URVEYING PH!a58)"...'OO.fX!a58)"."" q 51
R:\0436\J<Map\HOA MAIN! EX SHT 02.dwg[ 1275JMar-Og-2OO4:14:44 - w.o. 553-176 -
---,---------,--_.
~ AREA TO BE MAINTAINED EXHIBIT "B"
BY ASSOCIATION SHEET 3 OF 3
CHULA VISTA TRACT NO. 01-11
OTAY RANCH
VILLAGE 11 NEIGHBORHOOD R-IO
11
/
/
0 100 200 300 rv /
r"""'..-- I f?' /
SCALE 1"=100'
(¡j /
iJi /
I:J /
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COPPER PENlvf /
PARcEL ~" /
/
/
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80 /
/
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. HUNSAKER /
~ ~!'~,~?f~TES /
PLANNING 10m H~.km' 5_,
ENQNEERING Sm "",. C. on21
SURVEYING PH(ssalsss."oo. fX(ssal55."" 9-5~
R..\O4J6\&l.Iap\HOA MAINT EX 5HT OJ.dwg[ ,275Jl.lar-09-2oo4..,4.-44 - WOo 55J-176
EXHIBIT "C"
Maintenance ResDonsibiIities
City of Chula Vista
Area BOA Maintenance Maintenance
Parkways within those Landscaping in the parkways Maintenance of curb, gutter,
portions of those public road including irrigation, trimming sidewalks and pavement.
shown on Exhibit "B" and pruning of trees, and
maintenance and irrigation of
turf areas.
4/16/04 q- 59 012200-0055251877.1
COUNCIL AGENDA STATEMENT
Item ro
Meeting Date 5/18/04
ITEM TITLE: Resolution declaring the City-owned land on the northwest
corner of Palomar Street and Trenton Avenue (portion APN 617-071-09)
as "Exempt Surplus Land"; accepting the offer to purchase; authorizing
the opening of escrow and execution of all necessary documents to
complete the transaction.
SUBMITTED BY: Director of General Services / City Engineer 6ts-
REVIEWED BY: City Managehf1J-1.I (4/5ths Vote: - No..!-)
P As a part of the Palomar Street Improvement Project, the City acquired property located at the
northwest corner of Palomar Street and Trenton Avenue. In September 2003, Council
designated and set aside 3,849 square feet of the parcel as right-of-way for the project. The
resolution will authorize the sale of the remaining 4,824 square feet of surplus land which is not
needed by the City.
RECOMMENDATION: That Council adopt the resolution.
BOARDS/COMMISSION: N/A
DISCUSSION:
The City is currently nearing completion of the Palomar Street Improvement, I-5 to Industrial
Boulevard (ST 922) Project. This project required the acquisition of the residential property
located on the northwest corner of Palomar Street and Trenton Avenue (SD APN 617-071-09).
While only a portion of the site was needed for the project, it was necessary to acquire the whole
property due to the demolition of the existing residence. On September 16, 2003 Council
designated and set aside 3,849 square feet of the parcel as right-of-way for the street
improvement project. The remaining 4,824 square foot parcel is irregular in shape and partially
obscured by a soundwall constructed as part of the project (Attachment I). As such, it has
become a maintenance problem for the City caused by illegal dumping and the deposit of
numerous shopping carts from the nearby commercial center.
Early this year the owner of the adjacent apartment complex approached the City, and inquired
whether the City was willing to sell the remainder of the parcel to him. As a result, all City
departments were asked to determine ifthere was any foreseeable City use for this parcel and all
responded negatively. The Planning Department was then asked to detennine if this parcel was a
likely site for independent development. This response was also negative based upon the site's
R-3 zoning, irregular shape and substandard size.
/0- /
..--..-- ---.-----
Page 2, Item ~
Meeting Date 5/18/04
Considering the ongoing costs of owning this parcel - specifically: maintenance costs, potential
liability, obstacles to independent development, and the lack of any foreseeable City use - staff
have concluded that this sale should be considered.
The subject parcel was acquired with federal funds (TEA-21) as a part of the Palomar Street
Improvement Project. Federally funded projects within the State of California are administered
by CaItrans. All right-of-way activities on these administered projects have to be completed in
compliance with Caltrans right-of-way procedures. Only a portion of this parcel was actually
needed for the project. The entire parcel was acquired due to need to demolish the existing
residence. The property owners did not wish to retain ownership of the remaining land.
Because, for the reasons outlined above, the City has no use for this remainder parcel, it must be
disposed of in the manner consistent with Caltrans procedures and the California Government
Code. The procedure is as follows:
In order to dispose of surplus property, there are a number of considerations. First, a finding
must be made as to whether the subject land is exempt or non-exempt surplus land. Only exempt
surplus land may be offered to the adjacent owner without benefit of a public auction. Per
Government Code Section 54221 (e) (2) "exempt surplus land" is land that is either:
A. Less than 5,000 square feet in area; or
B. Less than the minimum legal residential building lot size for the existing or most probable
zoning classification, or 5,000 square feet in area, whichever is less; or
C. Has no record access and is less than 10,000 square feet in area, is not contiguous to land
owned by a state or local agency which is used for park, recreational, open space, or low
and moderate income housing purposes and is not located within an enterprise zone
pursuant to Section 7073 of the Government Code nor a designated program as defined in
Section 7082.
The subject parcel falls under both of the first two criteria and as such qualifies as exempt
surplus land.
The second consideration is the sales price. The sale of exempt surplus land can only be made to
an adjoining landowner. Prior to commencement of negotiations, the City must establish a Pre-
Sale Estimate (PSE) of the fair market value of the exempt surplus land. The PSE forms the
basis for negotiating the sale of the subject property, and also serves as an internal control to
ensure that the City receives an adequate return. The PSE must take into account the following
factors:
1. The original purchase price paid by the City for the subj ect parcel.
2. The date the City acquired the property.
3. Restrictions and requirements of any source that provided procuring funds.
4. Current market conditions that may affect the fair market value of the property.
/tJ~ /-
"
Page3,Item~
Meeting Date 5/18/04
5. Current, future and potential holding cost incurred by the City that may include, among
other things:
a. Maintenance
b. Nuisance abatement/removal
c. Liability risk/cost
Exempt surplus land need not be appraised prior to being offered for sale unless a PSE cannot be
readily detennined.
The City acquired this property in August 2002 for $245,000, which included an administrative
settlement above the actual value of the property. This price was for the entire parcel and the
single-family residence. Based upon the breakdown used by the appraiser at the time, the
portion of the purchase price that can be allocated to the subject 4,824 sq. ft. was approximately
$62,712 ($13.04/sq.ft.). The value of this land however, was only $47,200 ($9.78/sq.f.t.) due to
the loss of utility (sub-standard size and shape). In the almost two years since this purchase the
residential market has risen sharply. However, given the difficulty in developing this property it
is felt that its value has not risen appreciably. Based upon these factors the Pre-Sale Estimate by
the City's Real Property Manager has been detennined to be between $47,000 and $56,000.
The original funding source for this purchase was federal Transportation Equity Act (TEA-21)
funds, administered by the state, as a part of the Palomar Street Improvement Project (ST -922).
Because the complete parcel was acquired due to what the Federal Highway Administration
refers to as "constructive damages" to the remainder as a result of our project, the City is
pennitted to keep the proceeds from the disposal of the surplus.
FISCAL IMPACT:
The offer received from the adjacent landowner (Attachment 2) is $50,000 with no contingencies
and includes a $5,000 deposit. If this offer is accepted it will result in a one-time net increase
of$50,000 to the General Fund.
Attachments:
1. Map of parcel SD APN 617-071-09
2. Offer Cover Letter
3. Tentative Acceptance Letter
4. Buyers Agency Authorization
jolEnginwlAGENDAIPalomar Excess land.rr.cb.doc
If) -':3
THE ATTACHED AGREEMENT HAS BEEN REVIEWED
AND APPROVED AS TO FORM BY THE CITY
ATTORNEY'S OFFICE AND WILL BE
FORMALL Y SIGNED UPON APPROVAL BY
THE CITY COUNCIL
ff~ JWl :-~
ndAnn Moore ~
City Attorney
Dated: May 12, 2004
Offer to PUrchase Excess Land Sale (ST-922) 1198 Trenton Ave.
.
"'"
/()-f
A IT ACHMENT /
-
------
--- ~\
--- ~
~
~
~
~
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PALOMAR STREET
. LEGEND
---- APN 617-071-09
GRAPHIC SCALE
0 10 30 00 ~ LIMITS OF EASEMENT FOR
~ I STREET PURPOSES
( IN rEET ) V///~
1 inch . 30 fL LIMITS OF REMAINDER PARCEL
PARCEL ADDRESS ASSESSOR'S PARCEL NUMBER
1198 TRENTON AVENUE APN 617-071-09
CHULA VISTA, CA 91910
TITLE:
AP.N. 617-071-09
0-. \SI).SI(PROJ\S11>22\DRAW\F7NAL \RKX-Pf)f".dwo 03/11/2004 ,0-.21,J7 AM PST
/ [)- 5
Af~ A T1 ACHMEI\tT ,L,
K:;I
SELECT HOME REALTY. INC.
April13, 2004
The City OfChula Vista
Engineering Department
276 4th Ave
Chula Vista, CA 91910
Re: 1198 Trenton Avenue
AU: Rick Ryals
Rick,
The purpose of this letter is to set forth some of the basic terms and conditions of the
proposed purchase by Sergio Gamiz of 1198 Trenton Ave, parcel number 617-071-09.
. The proposed purchase price is $50,000.00(Fifty Thousand Dollars 00/100)
. Escrow is to be opened with Mission Valley Escrow
. Close of escrow to be 45 days after acceptance
. $5,000(Five Thousand Dollars 00/100) to be deposited into escrow by Sergio
Gamiz upon acceptance of offer
. EscroW and closing costs to be paid by Sergio Gamiz
If you have any questions regarding this agreement please do not hesitate to contact me.
Since~
Peter S. Ariza
..... /!) -,fr>
2254 Moore St Suite 104 San Diego CA. 92110 . Tel {6191 725--4969 Ext .5# . Fax (6191 725--4965
~~ft.. ATTACHMEN1.~
----"-
.~~~~
CITY Of
(HUlA VISTA
DEPARTMENT OF ENGINEERING
May 10, 2004
File No. ST-922
Peter Smid Ariza
Select Home Reality, Inc.
2254 Moore Street #104
San Diego, Ca 92110
SUBJECT: Palomar Street hnprovement Project; Excess Land Sale
1198 Trenton Avenue, SD APN 617-071-09
Dear Mr. Ariza:
The purpose of this letter is to confinn receipt of Sergio Gamiz's offer to purchase the
subject excess land from the City of Chula Vista. Additionally, this letter shall serve as
conditional acceptance of said offer subject to the following:
1. The sale ofthis property to Mr. Gamiz and all transactions relating thereto are
conditioned upon the prior approval of the City Council of the City ofChula
Vista. This matter is scheduled to be heard by the Council on Tuesday May 18,
2004 at 6:00 pm.
2. The City ofChula Vista cannot execute nor be bound by the "Vacant Land
Purchase Agreement and Joint Escrow Instructions" (C.A.R. Fonn VLPA, revised
10/02) as submitted. We will prepare joint escrow instructions for your review
and signature prior to opening escrow.
3. An escrow account will be opened within one week of Council approval ofthe
sale. Per your request escrow shall be with Mission Valley Escrow. The tenD of
said escrow shall be 45 days or less. Buyer shall pay all costs and fees associated
with this escrow transaction.
4. Immediately upon the open of escrow, buyer shall make an initial deposit in the
amount of$5,000.00 into said escrow account. The remaining balance of the
purchase price ($45,000.00) plus associated costs shall be deposited in sufficient
time to allow for the scheduled close of escrow.
5. The subj ect property shall be conveyed in fee to buyer free and clear of all
encumbrances except easements, assessments and districts of record. The
property will be sold "As-Is" with no other warranties, express or implied.
For written replies, respond to:
Da 276 FOURTH AVENUE / CHULA VISTA, CALIFORNIA 91910-2631/ (619) 691-5021
01800 MAXWELL ROAD / CHULA VISTA, CALIFORNIA 91911-6158/ (619) 691-5021
§ p,..CO",moc R<x,d"" p""" ¡tJ-7
-'-"----"-'-'"
Peter Smid Ariza
Palomar Excess Land Sale
May 10, 2004
Page 2
6. If buyer fails to complete this purchase because of buyers default, seller shall
retain said deposit as reimbursement for seller's cost incurred during the course of
this transaction.
If these conditions are agreeable, please execute the acceptance below. Upon receipt we
will move forward with Council consideration on May 18, 2004. Thank you for your
time and effort in this matter. We look forward to working with you to conclude this
transaction in a timely marmer.
S2c.
Richard A. Ryals
Real Property M ager
I, Peter Smid Ariza, Realtor for Select Home Reality, Agent for and acting on behalf of
Sergio Gamiz, Buyer, accept the tenDS and conditions of the subject sale as set forth
herein.
Approved as to fonD by:
Ann Moore
City Attorney
/tJ-f?
CITY OF CHULA VISTA
Access Global Investment 618-725-4865 p.2
Ma~ 12 2004 10:45
May-f2-04 fl:08AM; Page f II
...,~~ An ACHMENTL
~~
S£UCT HOME REAL"1Y INC.
May, 12,2004
The City Of Chula Vista
Engineering Department
2764'0 Ave
Chula Vista, CA 91910
Re: Parcel # 617-071-09
At!. Ric:hard Ryals
[, Sergio Gamiz authorize Peter S Ariza to act as my agent and represent me in the
transaction regarcting parcel number: 617-071-09.
If you have any questions please do not hesitate to contact me.
Sincerely,
:!
/~¡j~
Se~~ arrnz
(61972:5-4969 ex!. 2
2254 Moore St Suite 104 San Diego CA. 92110. fe11619) 725-4969 Ex! .5# . Fax (619) 725-4965
/0- c¡
----------.----- ----------------
RESOLUTION NO.
RESOLUTION DECLARING THE CITY-OWNED
LAND ON THE NORTHWEST CORNER OF PALOMAR
STREET AND TRENTON AVENUE (PORTION APN
617-071-09) AS "EXEMPT SURPLUS LAND";
ACCEPTING THE OFFER TO PURCHASE;
AUTHORIZING THE OPENING OF ESCROW AND
EXECUTION OF ALL NECESSARY DOCUMENTS TO
COMPLETE THE TRANSACTION.
WHEREAS, the City of ChuIa Vista is the fee owner of that certain real property more
particularly described as a portion of Lot 17 in Block R of Harborside Unit No.2, in the City of
Chula Vista, County of San Diego, State of California, according to Map thereof No. 2119, filed
in the Office of the County Recorder of San Diego county, July 9,1928, more commonly known
as San Diego County Assessor's Parcel No. 617-071-09; and
WHEREAS, as a part of the Palomar Street Improvement Project, it was necessary
for the City to acquire said property; and
WHEREAS, while only a portion of the site was needed for the project, it was
necessary to acquire the whole property due to the demolition of the existing residence
and the resulting "constructive damages" to the remainder; and
WHEREAS, on September 16,2003 Council designated and set aside 3,849 square
feet of the parcel as right-of-way for the said street improvement project leaving a
remaining 4,824 square foot parcel that is irregular in shape and partially obscured by a
soundwall constructed as part of the project; and
WHEREAS, the City has no further use of this remainder parcel and has received an offer
to purchase said remainder from the owner ofthe adjacent property to the north;
NOW, THEREFORE, the City Council of the City of ChuIa Vista does resolve as
follows:
SECTION 1. That the City Council hereby declares as "Exempt Surplus Land" the
herein described remainder parcel as shown on the attached Exhibit "A" pursuant to Government
Code Section 54221 (e) (2).
SECTION 2. That the City Council hereby accepts the offer to purchase made by the
adjacent landowner and authorizes the opening of escrow and execution of all necessary
documents to complete the transaction.
1
/ {)~/O
0_0 0.0____- -- -______0______---
Presented by Approved as to fonD by
~ýL~C~
Jack Griffin Ann Mo r
Director of General Services City Attorney
Attachments:
1. Exhibit "A", map of parcel SD APN 617-071-09
J:IEnginee,IAGENDAIResoslPaloma, Excess Sale.doc Last saved by Engineering
2 /tJ-//
E~lIlerr '~"
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PALOMAR STREJ:T
LEGEND
---- APN 617-071-09
GRAPHIC SCALE
0 10 JO 00 ~ LIMITS OF EASEMENT FOR
~ I STREET PURPOSES
( IN m:r ) r/"///~
I inch = 30 ft. LIMITS OF REMAINOER PARCEL
PARCEL ADDRESS ASSESSOR'S PARCEL NUMBER
1198 TRENTON AVENUE APN 617-071-09
CHULA VISTA. CA 91910
TITLE:
AP.N. 617-071-09
/ CJ - /;ì' Q: \SDSKPROJ\Smz\CRAW\F7NAL \RlCK-POF.'" 03/11/200< tQ:21:J7 AM PST
^-^-~~^--^^^---
COUNCIL AGENDA STATEMENT
Item --1L
Meeting Date 5/18/04
ITEM TITLE: Resolution appropriating Traffic Signal funds to the Central
Control and Traffic Communication Links (TF-290) project
SUBMITTED BY: Director of General Services / City Engineer ~
REVIEWED BY: C" M (iv~ (4/5th Vote: Yes..x No ~
lty anager:1'<. The Central Control and Traffic Communication Links Along H Street (TF-290) Project, involves
the installation of fiber optic interconnect lines under H Street from Fourth Avenue to Hidden
Vista Drive and interconnect lines to numerous traffic signals along H Street. The project was
awarded last November and has incurred unanticipated staff time demands for design and
inspection activities. Approval of this resolution will appropriate $150,000 in additional Traffic
Signal funds to complete the project.
RECOMMENDATION: That Council adopt the resolution.
BOARDS/COMMISSIONS: N/A
DISCUSSION:
This project was awarded in November 2003 and at that time staff asked for $85,000 for design,
construction inspection, and contract administration. The project is progressing adequately;
however, it has become evident that the $85,000 will not be sufficient to complete the project. As
the first fiber optics project to be designed and administered by the City, staff spent more time on
plan preparation and specifications, and additional time will be required to complete the
inspection and contract administration phases. Staff is recommending an appropriation of
$150,000 to ensure sufficient funding.
Funds from this project have also been used to cover the staff costs associated with a related
project - the South Bay Regional Interconnect project - administered by the City of San Diego
(see Attachment 1). The additional funding required to complete that project are also included in
this item.
Because the TF-290 project is a federally funded project, we anticipate a partial reimbursement of
up to $65,000 or approximately 43% of the recommended increase to cover construction
contingencies and staff costs (excluding full cost recovery) from the Congestion Mitigation and
Air Quality (CMAQ) federal program. There is no allowable reimbursement for costs associated
with the South Bay Regional Interconnect Project. The proposed appropriation of an additional
$150,000 into the TF-290 project from the available balance ofthe Traffic Signal Fund will allow
the final construction inspection and traffic engineering staff costs required for the completion of
the project to be met. Project completion is anticipated in June 2004.
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Page 2, Item ~
Meeting Date 5/18/04
FISCAL IMPACT:
Approval of this resolution will appropriate $150,000 in additional Traffic Signal funds to
complete the project. There is no impact to the General Fund, and the available balance of the
Traffic Signal Fund is sufficient to allow the appropriation. The project is eligible for
approximately 43% reimbursement from Congestion Mitigation and Air Quality (CMAQ) federal
funds, which will, in turn, reimburse the Traffic Signal Fund.
Attachments:
1. South Bay Interconnect Project Agreement, Resolution 2003-487
J:IEngineerIAGENDAITF290 Additional Fundingsn.cb.doc
//~~
ATTACHMENT I rILE: PC- \ ~ 2~1
._-, C'iIIO
RESOLUTION NO. 2003- j:Ql
RESOLUTION OF THE' CITY COUNCIL OF THE CITY OF
CHULA APPROVING AN AGREEMENT WITH THE CITIES OF
SAN DIEGO AND NATIONAL CITY REGARDING THE
INSTALLATION, SHARING AND MAINTENANCE OF THE
SOUTH BAY TRAFFIC SIGNAL INTERCONNECT PROJECT
AND APPROPRIATING $50,000 FROM THEA V AILABLE FUND
BALANCE OF THE GENERAL FUND AND $50,000 FROM THE
AVAILABLE FUND BALANCE OF THE TRAFFIC SIGNAL
FUND TO FINANCE CHULA VISTA'S PORTION OF THE
PROJECT
WHEREAS, the City of San Diego is completing a federally funded traffic signal
communication and management project, the "South Bay Interconnect Project," which extends
through all ofChula Vista; and
WHEREAS, the South Bay Interconnect Project is a partnership between the Cities of
Chula Vista, San Diego and National city, and SANDAG; and
WHEREAS, the purpose of the project is to build a regional communication network
that ties all the traffic signals along a major transportation corridor that parallels Interstate 5; and
WHEREAS, the South Bay Interconnect Project includes the installation of Single
Mode Fiber Optic (SMFO) cable trunk in an existing 1.5" conduit under Fourth Avenue from the
northerly City limits to Main Street and under Main Street westerly to Broadway and finally it travels
southerly under Broadway to the southerly City limits; and
WHEREAS, the project within Chula Vista's limits, involves the pulling of the
SMFO cable trunk and the connections to all the traffic signals along said route; and' ,
WHEREAS, this project further involves the construction of access points for future
connections to the city facilities by the City; and
WHEREAS, staffhasworked with the City of San Diego to expand the scope of the
project in order to provide connections to the traffic signals along the route and also to maximize the
number of fibers designated for City use; and
WHEREAS, the parties have negotiated an agreement that-provides for the
installation, maintenance and operation of the project.
NOW, THEREFORE, BE IT RESOLVED the City Council of the CityofChula Vista
does hereby approve an agreement with the Cities of San Diego and National City regarding the
installation, sharing and maintenance ófthe South Bay Traffic Signal Interconnect Project in the
form presented and appropriates $100,000 $50,000 from the available fund balance of the General
Fund and $50,000 from the fund balance of the Traffic Signal Fund) to be placed into account
#13790-6401 for payment to the City of San Diego to fmance Chula Vista's portion of the Project.
1
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..-. -..------....--...----..
BE IT FURTHER RESOLVED that the City Manager ofthe City of Chula Vista is
hereby authorized to execute the South Bay Traffic Signal Interconnect Project agreement on behalf
of the City of Chula Vista in a final fonn approved by the City Attorney, a copy of which shall be
kept on file in the office of the City Clerk.
BE IT FURTHER RESOLVED that staff is authorized and directed to take any and
aU reasonable and necessary steps to implement the Project agreement.
Presented by Approved as to fonD by
~~
Clifford Swanson
Director of Engineering
J:\attcmey\resolstreeIISB Traffic Si9nal Fund
2
~
//-tf
THE A TT ACHED AGREEMENT H..A.S BEEN REVIEWED
AND APPROVED AS TO FORM BY THE CITY
ATTORJ."ÆY'S OFFICE AND WILL BE
FORJ\1.A.lL Y SIGNED UPON APPROVAL BY
THE CITY COUNCIL
\
Dated: 12/3/03
AGREEMENT WITH THE CITIES OF SAN DIEGO AND-NATIONAL CITY
REGARDING THE INSTALLATION. SHARING AND MAINTENANCE OF
THE SOUTH BAY TRAFFIC SIGNAL INTERCONNECT PROJECT
.
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COUNCIL AGENDA STATEMENT
Item~
Meeting ~te 12109103
ITEM TITLE: Resolution ¡oœ-4~7ApprQving an agreement with the Cities of San Diego
and National City regarding the installation, sharing and maintenance of the
South Bay Traffic Signal Interconnect Project and appropriating $50,000 iom
the available fund balance of the GeœraI Fund and $50,000 &om the avaiIabJe
fund balance of the Traffic Signal Fund to finance ChuIa Vista's portion of the
Project
SUBMITTED BY: Director OfF.~
Director of Co . ãrid EnvirolllDeIltal Services
REVIEWED BY: City Manag~ (4ISths Vote: Yes..x...No~
The City of San Diego is completing a fèderally funded traffic signal connmmicationand management
project, the "South bay Interconnect Project", which extends through all of Chu1a Vista. The project
includes the installation of Single Mode Fiber Optic (SMFO) cable trunk. in an existing 1.5" conduit
under Fourth Avenue from the northerly City limits to Main Street and under Main Street westerly to
Broadway and tioally it travels southerly under Broadway to the southerly City limits. The project
within Chula Vista's limits, involves the pulling ofSMFO and the connections to all the traffic signals
along said route. It also involves the construction of access points fur potential future
te1econmmnications and Internet connections to city fàcilities by the City.
RECOMMENDATION:
That Council approve resolution approving an agreement with the Cities of San Diego and National
City regarding the installation, sharing and maintenance of the South Bay Traffic Signal Interconnect
Project and appropriating $50,000 &om the available fund balance of the General. Fund and $50,000
&om the avaiIabJe fund balance of the Traffic Signal Fund to finance ChuIa Vista's portion of the
Project.
BOARDS/COMMISSIONS RECOMMENDATION: Not applicable.
DISCUSSION:
Backlrround:
The South Bay Interconnect project is a partnership between the Cities ofClwJa VISta, San Diego and
National City, and SANDAG. The purpose of the project is to bui1d a regional communication
network that ties all the traffic signals along a major transportation corridor that paralleldnterstat.e-5.
The network will fàcilitate coordinated traffic lIIIIIIIIgement and communication to allow traffic to
flow more conveniently between the participating jurisdictions. The project involves the installation
~
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Page 2, Item C,
Meeting Date 12109/03
of SMFO cable in the existing 1.5" conduit. The conduit in Chula Vista was installed by Global
Crossing and dedicated to the City at no cost as part of a negotiated agreement fur their use of the
right-of-way. The project limits start in San Diego and extend south through National City and CImIa
Vista to South San Diego. The northerly end of the conduit and SMFO will begin within the City of
San Diego at the intersection of301h and Broadway and pass through National City and Chula Vista
via Rooseveh Street, Eighth Avenue, Highland Avenue, Fourth Avenue, Main Street and Beyer
Boulevard., and end within the City of San Diego at the intersection of Coronado Avenue and Beyer
Boulevard. Improved c01IlD1ll11ÌCations between the participating agencies along a major
transportation corridor that parallels 1-5 will make it easier to use such corridor in case of c:u:Je1"8CIlCY.
The project's original scope within ChuIa Vista's limits involved the pulling of96 fibers in the 1.5"
conduit (36 were specified fur ChuIa Vista's use in the traffic signal system) and the construction of
access points fur future connections by Chula Vista. Staff worked with SANDAG and the City of
San Diego to expand the scope of the project in order to provide connections to all the traffic signa1s
along the route and also to maximize the number of fibers designated for City use. SANDAG and the
City of San Diego agreed that instaDation of fibers should be extended to all the 19 traffic signaI
controllers along the route. SANDAG also authorized the City ofChula Vista to use fi:deral fimds to
cover the cost of the design and construction associated with the traffic signals. Staff informally
advertised the design phase, received fuur proposals and awarded the project to Kimley Horn and
Associates (KHA) for $28,000. KHA is also the design consultant on the overall project.
Fiber Qptics Master Plan:
Staff realized that an opportunity existed to lay the foundation for a fiber optic network that could
reduce the City's costs and enhance City colIlll1lDlÍCations between City fàcilities as well as enhance
traffic management options and improve the reliability of the traffic management system. The City
asked KHA to develop a master plan that utilizes Fourth Avenue as the backbone of the network and
a major transmission route that serves the future east and west branch lines in the City. Meetings
were held with KHA and City staff from the Manager's Office, Engineering, MIS, Fire, Library, and
Police Departments to discuss the design project and to make sure that the master plan includes the
routes that will serve current and planned public buildings and fàcilities. As a resuh staff decided to
increase the total number of SMFO fibers from 96 to 288 where 228 fibers will be designated for
Chula Vista's use. KHA confirmed the technicaI feasibility of the upgrade and estimated a price
difference of approximately $] 00,000 fur that purpose. The estimate includes Staff's request fur the
installation of stu1H>uts to all City fàcilities along this route. Since the federal fimds are associated
with the traffic signal system, the cost of the design and .construction work associated with llOn-
transportation fàcilities will be borne by the City ofChula Vista.
The fiber optics communication system will be the backbone of a traffic management system that wiD
allow multiple routing options and maintain the integrity and continued operation of the remaining
system if one signaI connection goes down. Adequate fiber count will allow the City to add video and
other services to the traffic management system if the City chooses those options in the future. It wiD
also provide adequate Capacity to meet the voice and data needs between City fàcilities that will
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Page 3, Item-L
Meeting Date 12109103
eventually eliminate expensive monthly charges between Iàcilities.. By pulling the maximum number
of fibers in the conduit now we avoid the cost of futme trencbiDg to place additional conduit to
provide this level of reliability and program options in the future.
Sta1f will incorporate the installation of empty conduit in all futme CIP road projects along the Fiber
Optics Master Plan route. Adding conduit during the regularly scheduled CIP process will maximize
the potential savings and benefits of the fiber optic system wbile reducing the costandserviœ impacts
to streets.
.AIzreement with San Die20 and National Citv:
The agreement is made and entered into between three participating agencies, the City of San Diego,
the City of National City, and the City of Chu1a Vista fur the South Bay Traffic Sigoal Interconnect
project. The agreement sets furth the responsibilities of the participating agencies fur installing,
sharing. and maintAinir1g fiber optic cable within each pørticipating agency's jurisdiction fur the
purpose of communication and traffic signal integration.
The fullowing is a summary ofkey contract terms:
1. The purpose of the project is to build a regional communication network that ties all the
trafIic signals along a major transportation corridor that parallels Interstate-5. The
network will fàcilitate coordinated traffic management and communiœtion to allow trafIic
to flow more convenien11y between the panicipatingjurisdictions. The project involves
the installation ofSMFO cable in the existing 1.5" conduit. The conduit in Chula Vista
was installed by Global Crossing and dedicated to the City at no cost as part of a
negotiated agreement fur their use of the right-of-way. The project limits start in San
Diego and extend south through National City and Chula Vista to South San Diego. The
northerly end of the conduit and SMFO will begin within the City of San Diego at the
intersection of 30111 and Broadway and pass through National City and Chu1a Vista via
Roosevelt Street, Eighth Avenue, Higbland Avenue, Fourth Avenue, Main Street and
Beyer Boulevard, and end within the City of San Diego at the intersection of Coronado
Avenue and Beyer Boulevard. Improved communications between the participating
agencies along a major transportation corridor that parallels 1-5 will make it easier to use
such corridor in case of emergency.
2. Project funding: the Participating Agencies collectively applied for a Congestion
Mitigation Air Quality [CMAQ] federaI and the City of San Diego accepted sail. Grant on
behaIfofthe Participating Agencies in the amount 0($1,411,000 and has applied and was
approved for a Program Supplement in the amount of$300,OOO. If Project costs exceed
identified funding, the City of San Diego has agreed to pursue additional grant funding
sources. If additional grant funding cannot be obtained, the participating cities shaJI share
equally in any cost overruns.
3. San Diego is responsible fur bidding, awarding and overseeing implementation of the
Project in accordance with spc:cifications and contract documents approved by Chuia
~
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Page 4, Item-L,.
Meeting Date 12109/03
Vista and National City.
4. Chula Vista and National City shall be designated as third party beneficiaries of the
Project construction contract and performance bonds. San Diego shall also endeavor to
have the cities identified as additional insured parties under the contractors required
insurance policies.
5. Chula Vista and National City shall each have the right to inspect and test the work
installed in their respective jurisdictions prior to acceptance.
6. A total of288 fibers shall be installed in Chula Vista's segment of the conduit. 228 of
these shall be owned by ChuIa Vista and available for ChuIa Vista's exclusive use. The
remaining 60 :libers shall be allocated as follows: 12:fibers are reserved for use by the City
of San Diego, 24:1ibers are reserved for use by the Metropolitan Wastewater District, 12
fibers are reserved for ccnter-to-center coDDeCtivity and 12 spare fibers to be shared
equally by the participating agencies. San Diego's fibers in Chula Vista must be used for
public purposes unless otherwise approved by ChuJa VISta.
7. San Diego shall oversee maintenance and repair of the Project's "main trunk".
Maintenance and repair costs not covered by warranty shall be subject to reimburseIœnt
ftom the city where the repair problem arose based upon a formula tied to the host city's
share of exclusive use:fibers. Under this approach Chula Vista's share for non-warranty
repairs Ùl Chula Vista would be 82.6%; however, Chula Vista bears 0% of repair costs
incurred outside ofChuia Vista.
8. Each city is responsible for maintaining and repairing its own "branch"lines within its
jurisdiction.
FISCAL IMPACT: Approval of the resolution will authorize the appropriation of $50,000 from
the available fund balance of the General Fund and $50,000 ftom the available fund balance of the
Traffic Signal Fund. The funds will be pJaced into account # 13790-6401 for payment to the City of
San Diego to :finance Chula Vista's portion oftbe South Bay Traffic Signal Interconnect Project.
Attachment: Copy of Proposed Agreement
-
l:lEngineeMGENDAlFiber optics Project.SMN.doc
f;;A
II' r
RESOLUTION NO. 2004-
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROPRIATING TRAFFIC SIGNAL FUNDS
TO THE CENTRAL CONTROL AND TRAFFIC
COMMUNICATION LINKS (TF-290) PROJECT.
WHEREAS, $85,000 was awarded for design, construction inspection, and contract
administration of the Central Control and Traffic Communication Links (TF-290) Project in
November 2003; and
WHEREAS, it has become evident that the $85,000 will not be sufficient to complete the
project; and
WHEREAS, being the first fiber optics project to be designed and administered by City
staff, more time than originally estimated was required for preparation of plans and
specifications; and
WHEREAS, City staff are projecting that an additional $50,000 will be required to
complete the project by June 2004; and
WHEREAS, sufficient funds are available in the Traffic Signal Fund for the additional
requirement; and
WHEREAS, the $50,000 will be fully reimbursable from Congestion Mitigation and Air
Quality grant (CMAQ) federal funds;
NOW, THEREFORE BE IT RESOLVED the City Council of the City of Chula Vista
does hereby appropriate $50,000 from the Traffic Signal Fund to the Central Control and Traffic
Communication Links (TF-290) Project.
Presented by Approved as to fonD by
~'7.t-! -
Jack Griffin Ann Moore
Director of General Services City Attorney
nEng;ne"IAGENDA IResos1TF-290 Appropr;at;ng Trame S;gna¡ Funds.eb.doe
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Page 1, Item: I~
Meeting Date: 05/18/04
COUNCIL AGENDA STATEMENT
ITEM TITLE: Resolution approving the appropriation of Park Acquisition
Development (pAD) Impact Fee Funds in the amount of $40,000 for the
design and construction of a modular skate facility within Heritage Park, an
existing public neighborhood park site within Village One ofthe Otay Ranch
Master-Planned Development, and authorizing staff to expend these funds for
the "Heritage Park Skate Facility" capital improvement project (PR-259).
SUBMITTED BY: Director of General Services~~. ~
Director ofPubl1c W~ations I
Director ofRecreatio
REVIEWED BY: CityManageo/: (4/5ths Vote: Yes -L No- )
. ~¡J
STAFF RECOMMENDATION:
That Council approve the appropriation of Park Acquisition Development (PAD) hnpact Fee Funds
in the amount of$40,000 for the design and construction ofa modular skate facility within Heritage
Park, an existing public neighborhood park site within Village One of the Otay Ranch Master-
Planned Development, and authorize staff to expend these funds for the "Heritage Park Skate
Facility" capital improvement project (PR-259).
BOARDS/COMMISSIONS RECOMMENDATION:
The Parks and Recreation Commission at their regular meeting held on March 18, 2004, voted
unanimously to approve the concept and location of a skate facility at Heritage Park, an existing
public neighborhood park site within Village One of the Otay Ranch Master-Planned Development.
DISCUSSION:
Backl!round
Recreation Department staff has received numerous requests to support the skateboard and roller
blade activities of City residents. The City is responding to the request for skate facilities and is
currently working to provide facilities in several locations throughout the City. This proposed
concept provides an approved area for skateboarders, in-line skaters, roller skaters and scooter riders
to practice at a novice skill level at Heritage Park. It is anticipated that by having this area available
for skating activity, we will see a significant decline in the amount of skateboard-related damage to
the park furniture at Heritage Park.
The proposed skate facility will have adequate signage to identify basic safety standards including
the requirement for users to wear helmets, knee and elbow pads and other appropriate protective gear
/:t -I
¡:IGeneral ServiceslGS AdministrationlCouncil AgendalHeritage Park Skate FacilitylCouncilAgaStmt Heritage Park Skate Pacility 05-11-04.doc
Page 2, Item: /é{
Meeting Date: 05/18/04
designed specifically for skateboarding or in-line skating: signage that would also identifY that their
safety equipment is worn properly, (i.e., chin strap attached) and is in good repair (per Chula Vista
Municipal code 2.66.255).
Location ofthe Skate Facilitv
The Parks and Recreation Commission approved a location for the skate facility that is situated in the
western portion of Heritage Park in close proximity to the existing basketball courts and parking lot.
The skate facility is estimated to be approximately 2,000 square feet in size.
Desien Elements for the Skate Facilitv
At this time, modular, portable elements are being considered for the skate area in lieu ofa poured in
place fonned concrete element due to budgetary constraints. Modular skate obstacles are safe, less
expensive, allow for flexibility to rearrange the course periodically and require only minimal on-
going maintenance that is acceptable by Public Works Operations.
. The skate facility shall be designed for children at a skill level appropriate for ages 6 through 16.
(Children under the age of8 must be accompanied and supervised by an adult, as per Chula Vista
Municipal Code 2.66.255)
. The skate facility will be an "At Risk" activity meaning that there will be no supervision oftbe
skate facility provided by the City of Chula Vista. Signage will be posted displaying the Rules
and Regulations of using the skate facility as specified in the City ofChula Vista Municipal Code
2.66.255. According to published fmdings by the U.S. Consumer Products Safety Commission,
claims for skateboarding injuries at cities with unsupervised skate parks are no higher than claims
for injuries associated with playground equipment according to published findings by the U.S.
Consumer Products Safety Commission.
Operation of the Skate Facilitv
Because the City would not be immune from liability for an injury caused by an improperly
maintained or constructed skate facility, monitoring of skate facility will occur frequently at regular
intervals. Recreation and/or Public Works staff will inspect and clean the skate facility. The Police
Department will also support the City's safety efforts by enforcing the skate park's rules and
regulations. Signs posted at the facility will encourage users to report violations to the Police
Department or contact the Recreation Department with questions or comments. Finally, Risk
Management and the City Attorney's Office will be kept infonned of any accidents or injuries at the
skate park as required by Health and Safety Code Section 115800.
Liehtine
The skate facility at Heritage Park will operate per the City of Chula Vista's Skate Ordinance
(Section 2.66.255 of the Municipal Code), thus, there will be no specific lighting for this activity.
Signage at the skate facility will clearly indicate the skate facility's hours from 8 am until dusk and
that it shall not be used outside of these hours.
/d-'¡;'
¡:\General Services\GS AdministrationlCouncil AgendaIHeritage Park Skate Facility\CouncilAgaStmt Heritage Park Skate Facility 05-11-04.doc
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Page 3, Item: '2-
Meeting Date: 05/18/04
Environmental Review
The Environmental Review Proj ects Manager has reviewed the proposed Heritage Park skate facility
and has detennined that this project is exempt from the California Environmental Quality Act
(CEQA) and that no further review is required.
Fire and Police
Fire staff and Police staff will be reviewing the construction drawings and provide input to insure
that issues regarding public health and safety have been addressed.
Because the City would not be immune from liability for an injury caused by an improperly
maintained or constructed skate facility, monitoring of skate facilities win occur frequently at
regular intervals. Recreation and/or Public Works staff will inspect and clean the skate facilities
owned and operated by the City. The Police Department will also support these efforts enforcing
the proposed Ordinance's rules and regulations. Signs posted at skate facilities win encourage
users to report violations to the Police Department or contact the Recreation Department with
questions or comments. Finally, Risk Management and the City Attorney's Office will be kept
infonned of any accidents or injuries at the facility as required by Health and Safety Code
Section 115800.
Fiscal Impact
Approval of tonight's resolution will authorize the appropriation of $40,000 from the available
balance of the Park Acquisition Development Impact Fee fund for the "Heritage Park Skate
Facilities" Capital Improvement Project (PR-259) and authorize staff to expend those funds as
necessary to complete the project.
Upon completion of the Construction Drawings for this project, staffwill gather bids from potential
contractors and more accurate costs will be generated and submitted to the appropriate City
departments for review and approval.
Attachment: A. Heritage Park Skate Facility location & site photos
/;},3
J:lGeneral ServiceslGS AdministrationlCouncil AgendaIHeritage Park Skate FacilitylCouncilAgaStmt Heritage Park Skate Facility 05-11-04.doc
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RESOLUTION NO. 2004- -
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA
VISTA APPROVING THE APPROPRIATION OF THE PARK
ACQUISITION AND DEVELOPMENT (PAD) IMPACT FEE FUNDS
IN THE AMOUNT OF $40,000 FOR THE DESIGN AND
CONSTRUCTION OF A MODULAR SKATE FACILITY WITHIN
HERITAGE PARK, AN EXISTING PUBLIC NEIGHBORHOOD
PARK SITE WITHIN VILLAGE ONE OF THE OTAY RANCH
MASTER-PLANNED DEVELOPMENT, AND AUTHORIZING
STAFF TO EXPEND THESE FUNDS FOR THE "HERITAGE PARK
SKATE FACILITY" CAPITAL IMPROVEMENT PROJECT (PR-259)
WHEREAS, Recreation Department staff has received numerous requests to support the
skateboard and roller blade activities of City residents; and
WHEREAS, the City is responding to the request for skate facilities and is currently working to
provide facilities in several locations throughout the City; and
WHEREAS, this proposed concept provides an approved area for skateboarders, in-line skaters,
roller skaters and scooter rides to practice at a novice skill level at Heritage Park; and
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City ofChula Vista does
hereby approve the appropriation of Park Acquisition Development (PAD) hnpact Fee Funds in the
amount of $40,000 for the design and construction of a modular skate facility within Heritage Park, an
existing public neighborhood park site within Village One of the Otay Ranch Master-Planned
development, and authorizing staff to expend these funds for the "Heritage Park Skate Facility" Capital
Improvement Project (PR-259).
Presented by Approved as to fonD by
Dev-- C. r+ c:.-.-
Jack Griffin Ann Moore
Director of General Services City Attorney
ßattomeylreso\park\PAD Fee for Heritage Park Skate Fac¡hty
/ d -/¡t?
COUNCIL AGENDA STATEMENT
Item No.: . .,-
Meeting Date: 5/18/04
ITEM TITLE: ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA AMENDING SECTION 19.48.020 OF THE CHULA
VISTA MUNICIPAL CODE, DELETING PARAGRAPH 'B' TO
ELIMINATE THE REQUIREMENT FOR UNIFIED CONTROL OF
PROPERTY WITHIN THE P-C ZONE; and
URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF CHULA 'vISTA AMENDING SECTION 19.48.020 OF THE
CHULA VISTA MUNICIPAL CODE, DELETING PARAGRAPH
'B' TO ELIMINATE THE REQUIREMENT FOR UNIFIED
CONTROL OF PROPERTY WITHIN THE P-C ZONE
SUBMITTED BY: Di="" or Pl":in' ,od B"'ldin~
Í/" N
REVIEWED BY: City Manager j r -(7' (4/Sths Vote: Y es ~ No ----2
This report addresses the deletion of a provision from the Municipal Code that currently requires
unified control of all land withing a P-C Zone. A companion urgency measure is offered due to
matters of public health, safety and welfare associated with the timely delivery of a needed public
facility.
RECOMMENDATION:
Staff recommends that:
1. The City Council adopt the attached ordinance that would delete Paragraph B of Section
19.48.020 of the Chula Vista Municipal Code, and make other such changes elsewhere in the
Code, if necessary, for consistency with that deletion.
2. In order to protect the public's health, safety and welfare, the City Council adopt the attached
urgency ordinance that would delete Paragraph B of Section 19.48.020 of the Chula Vista
Municipal Code, and make other such changes elsewhere in the Code, if necessary, for
consistency with that deletion.
BOARDS/COMMISSIONS RECOMMENDATION:
On March 24, 2004, the Planning Commission conducted a public hearing on the proposed
ordinance, together with an amendment to the Otay Ranch General Development Plan. The
/3~1
Page 2, ltem:~'
Meeting Date: 05/18/04
Planning Commission adopted a resolution recommending that the City Council approve both
actions, by vote of 7-0. As part of the motion, the Planning Commission clarified that additional
revisions should be allowed for the purpose of making other changes elsewhere in the Municipal
Code for consistency with that deletion. Since the Municipal Code Amendment is prerequisite to
any amendment of the GDP, the GDP amendment will be subject to a separate hearing before the
City Council as a subsequent agenda item.
ENVIRONMENTAL REVIEW:
The Environmental Review Coordinator has determined that the proposed activity is not a
"Project" as defined under Section 15378 of the State CEQA Guidelines and, therefore, pursuant
to Section 15060(c)(3) of the State CEQA Guidelines the activity is not subject to CEQA.
DISCUSSION:
Description of the Existing Zoning Provisions
Chula Vista Municipal Code Section 19.48.020 requires that, for a development application to be
filed within the P-C zone, the subject property must be under the unified control of the applicant-
owner. The reason for this is that the City does not entertain development applications without
the consent of the property owner to which those applications directly apply. However,
paragraph 'B' of the Section goes further, and requires that the establishment of a P-C Zone must
meet a 'unified control' test of either,
I. Being owned outright by the applicant; or
2. Through unanimous written consent, since, "the written consent or agreement of all owners
in a P-C zone to the proposed general development plan and general development schedule
shall be deemed to indicate unified control" (Municipal Code Section 19.48.020.B).
The P-C zone associated with the ORGDP has hundereds of property owners -- the majority
being homeowners of the many subdivisions approved since the adoption of the plan -- which
argueably would require their 100% written consent to any action related to a P-C Zone,
including a GDP amendment.
Proposed Municipal Code Amendment
Staff proposes to delete Municipal Code Section 19.48.020 B., as indicated in the ordinance
amendment draft. This provision was once suitable to the consideration of adopting P-C zoning
districts. However, unified control of villages within the City is no longer the rule, but is
generally now the exception. Further, and even more problematic, the language arguably
requires perpetual unified ownership of the whole of such districts, which was clearly would not
2
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Page 3, Item:-
Meeting Date: 05/18/04
have been an intention of the regulation when first adopted.
Staff has received no public input on the matter of the Municipal Code amendment proposed.
There was input prior to, and discussion at, the Planning Commission hearing, but that input and
discussion was solely directed at the General Development Plan amendment that was
simultaneously offered.
Urgency Ordinance
An urgency ordinance version of the same Municipal Code Amendment has been noticed and is
also recommended for approval. It is forwarded for the same purposes and reasons as discussed
above. This urgency ordinance is intended to allow for the proposed amendment to the Municipal
Code to take effect immediately, and requires a 4/5ths vote of the City Council. The urgency
ordinance contains findings related to public's health, safety and welfare associated with the timely
delivery of a needed public facility. In this instance the amendment is needed so that changes in the
Otay Ranch General Development Plan necessary to implement a high school within Village 7 of
Otay Ranch take place on a schedule necessary to meet the needs of the Sweetwater Union High
School District and families within the City. Urgency ordinances have a limited time in which
they apply and staff will, if need be, return to Council with another urgency ordinance to cover
the time before the ordinance takes effect.
FISCAL IMPACT:
Preparation of this amendment was completed as part of the ongoing work on Otay Ranch
Sectional Planning Area plan for Village 7, which is funded by a developer deposit account. To
the extent that the amendment relieves the City of the obligation to participate and verifY the
consent of many property owners to each amendment, the change would represent a potential
cost saving.
H:\PLANNINGVimH\CCO51104Segmenting\CC- STFRPT SegMCO51804.doc
3
/3,3
ORDINANCE NO. -
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
AMENDING SECTION 19.48.020 OF THE CHULA VISTA MUNICIPAL
CODE, DELETING PARAGRAPH 'B' TO ELIMINATE THE
REQUIREMENT FOR UNIFIED CONTROL OF PROPERTY WITHIN THE
P-C ZONE
WHEREAS, Chula Vista Municipal Code Section 19.48.020 establishes ownership and
minimum acreage restrictions regarding the establishment and modification of the P-C zone and
implementing general development plans and general development schedules; and
WHEREAS, Chula Vista Municipal Code Section 19.48.020.B, states, in its entirety, that,
"All land in each P-C zone, or approved section thereof, shall be held in one ownership or under
unified control unless otherwise authorized by the planning commission, except as provided for
in CVMC 19.48.060. For the purposes of this chapter, the written consent or agreement of all
owners in a P-C zone to the proposed general development plan and general development
schedule shall be deemed to indicate unified contro1."; and
WHEREAS, as properties within a given P-C zone district are subsequently planned,
subdivided and disposed, the number of property owners within such district makes unified
control, as defined, a practical impossibility as a requirement for applications for modification of
the P-C zone and implementing general development plans and general development schedules;
and
WHEREAS, the Environmental Review Coordinator has detennined that the proposed
activity is not a "Project" as defined under Section 15378 of the State CEQA Guidelines and,
therefore, pursuant to Section 15060(c)(3) of the State CEQA Guidelines the activity is not
subject to CEQA; and
WHEREAS, the Planning Commission held a duly noticed public hearing on
Page 2
previEied for in CVMC 19.48.169. Fer the plHJleses ef this 6flapter, the ""fitten 6enGent er
agreement of all e\\'Rers in a P C zene te the preJ3esed general develepment plan and general
development s6hed¡¡le shall Be EieemeEi te indicate WlifieEi centre I.
SECTION II. That other amendments elswhere in the Municipal Code shall be made as may be
necessary to achieve consistency with the foregoing action.
SECTION III. This Ordinance shall take effect and be in full force on the thirtieth day from and
after its adoption.
Submitted by Approved as to fonD by
ðJ¿;)J}t-T)J~ Y-t:'J~
James D. Sandoval, AICP Ann
Planning and Building Director City Attorney
/3-5
ORDINANCE NO. -
URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA AMENDING SECTION 19.48.020 OF THE CHULA VISTA
MUNICIPAL CODE, DELETING PARAGRAPH 'B' TO ELIMINATE THE
REQUIREMENT FOR UNIFIED CONTROL OF PROPERTY WITHIN THE
P-C ZONE
WHEREAS, Chula Vista Municipal Code Section 19.48.020 establishes ownership and
minimum acreage restrictions regarding the establishment and modification of the P-C zone and
implementing general development plans and general development schedules; and
WHEREAS, Chula Vista Municipal Code Section 19.48.020.B, states, in its entirety, that,
"All land in each P-C zone, or approved section thereof, shall be held in one ownership or under
unified control unless otherwise authorized by the planning commission, except as provided for
in CVMC 19.48.060. For the purposes of this chapter, the written consent or agreement of all
owners in a P-C zone to the proposed general development plan and general development
schedule shall be deemed to indicate unified controL"; and
WHEREAS, as properties within a given P-C zone district are subsequently planned,
subdivided and disposed, the number of property owners within such district makes unified
control, as defined, a practical impossibility as a requirement for applications for modification of
the P-C zone and implementing general development plans and general development schedules;
and
WHEREAS, there is urgent need for the construction of certain school facilities identified
by the Sweetwater Union High School District, namely the District's High School #13, for which
project alternatives rely in part on infrastructure extensions associated with entitlment
applications currently being sought by private developers with the timely delivery of a needed
public facility, and thus the amendment is needed so that changes in the Otay Ranch General
Development Plan necessary to implement a high school within Village 7 of Otay Ranch may take
place on a schedule necessary to meet the needs of the Sweetwater Union High School District.; and
WHEREAS, urgency ordinances must be adopted by a four-fifths vote; and
WHEREAS, the Environmental Review Coordinator has detennined that the proposed
activity is not a "Project" as defined under Section 15378 of the State CEQA Guidelines and,
therefore, pursuant to Section 15060(c)(3) of the State CEQA Guidelines the activity is not
subject to CEQA; and
WHEREAS, the Planning Commission held a duly noticed public hearing on March 24,
2004 and has forwarded a recommendation to the City Council to adopt the proposed Zoning
Ordinance amendments and additions.
NOW, THEREFORE, the City Council of the City ofChula Vista does hereby ordain:
SECTION 1. That the City Council of the City of Chula Vista finds that it is necessary to adopt
this change to the Municipal Code and for this change to go into effect immediately in order that
/3 -(p
Page 2
current entitlement processing within Otay Ranch not be delayed to the detriment of the wlfare
of students within the City. The City Council finds that there is urgent need for the construction
of certain school facilities identified by the Sweetwater Union High School District, namely the
District's High School #13, for which project alternatives rely in part on infrastructure extensions
associated with entitlement applications currently being sought by privated developers. The
prospect of potential delay in entitlements related to the current Municiapal Code provision
constitutes a current immediate threat to the public health, welfare and safety justifying the
immediate adoption of this amendment.
SECTION II. That Section 19.48.020 of the Chula Vista Municipal Code is amended as follows:
19.48.020 Regulations generally - Minimum acreage - Ownership r6strietions.
A-. P-C zones may be established on parcels of land which are suitable for, and of
sufficient size to be planned and developed in a manner consistent with, the purpose of
this chapter and the objectives of this title. No P-C zone shall include less than 50 acres
of contiguous lands.
B. fJl land in each P C :lieBe, or a¡¡proyed section thereof, shall be held in ORe ownership or
Wider Wiified eontrol HI1less otflen,<Ïse EWtflorized by the plar.ning commission, except as
provided for in CVMC 19.18.1€i9. For the pu£j3oses of this cha¡¡ter, the vmtten consent or
agreememt of all owners in a P C zone to the proposed general development plan and gefteral
development sched\lle shall be deemed to indieate aniFied control.
SECTION III. That other amendments elswhere in the Municipal Code shall be made as may be
necessary to achieve consistency with the foregoing action.
SECTION IV. This ordinance shall be of no further force and effect 30 days after its adoption.
SECTION V. This Ordinance shall become effective immediately upon four-fifths vote.
Submitted by Approved as to fonD by
6}:J:~ ~ ÛJO
James D. Sandoval, AICP Ann or
Planning and Building Director City Attorney
/3-1
COUNCIL AGENDA STATEMENT
"I
Item No.: I '-I
Meeting Date: 51/8/rYf
ITEM TITLE: RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA AMENDING PART II, SECTION E.! OF THE
OTAY RANCH GENERAL DEVELOPMENT PLAN TO ALLOW
FOR THE SUBMITTAL OF SECTIONAL PLANNING AREA
PLANS ON PROPERTIES COMPRISING LESS THAN THE
WHOLE OF A VILLAGE ,
SUBMITTED BY: Director of Planning and BUildi~
REVIEWED BY: ;;1(/ (4/5ths Vote: Yes ~o ~
City Manage f f)("
-,J
This report proposes amendments to an existing provision within the Otay Ranch General
Development Plan (ORGDP) which prevents the submittal of an application for a Sectional
Planning Area plan if the applicant does not control the entirety of a village.
RECOMMENDATION:
Staff recommends that the City Council adopt the attached resolution, amending the Otay Ranch
General Development Plan to allow applications to be considered for Sectional Planning Area
plans not comprising the whole of a village.
BOARDS/COMMISSIONS RECOMMENDATION:
On March 24, 2004, the Planning Commission conducted a public hearing on the proposed
amendment. The Planning Commission adopted a resolution recommending that the City Council
approve the amendment, by vote of7-0. As part of its discussion, the Planning Commission asked
that staff continue to work on refinements to the language as necessary.
ENVIRONMENTAL REVIEW:
The Environmental Review Coordinator has determined that the proposed activity is not a
"Project" as defined under Section 15378 of the State CEQA Guidelines and, therefore, pursuant
to Section 15060(c)(3) of the State CEQA Guidelines the activity is not subject to CEQA.
fLf-1
Page 2, Item:-
Meeting Date: 05/18/04
DISCUSSION:
Description of the Existing General Development Plan Provisions
Since its adoption in 1993, the ORGDP has contained provisions that require,
0 That a Sectional Planning Area (SPA) plan be completed at the village level prior to the
consideration of development entitlements; and
0 That, with certain named exceptions, the SPA for each village be "master-planned as a unit".
At the time of the adoption of the ORGDP, the rationale behind master planning villages as a
unit was a sound one. SPA plans are the increment of planning process established to assure that
all of the uses within each village would be more precisely plotted and controlled. By master
planning the entirety of a village, the uses broadly portrayed and described in the ORGDP would
be refined and the layout and identity of each of the villages fonned as a cohesive unit.
Importantly, at the time of the adoption of the original ORGDP in 1993, all of the property
within Otay Ranch was under the unified control of a single applicant. Thus, this provision of
the ORGDP was intended to provide for unified planning within the various villages by a single
owner. Since that time, the property within Otay Ranch has become fragmented amongst several
owners and property ownership boundaries do not coincide with village borders.
Perhaps the best example of a complex relationship between property division and village
boundaries exists in Otay Ranch Village 7. This village comprises five ownerships, each of
whose interests differ in their objectives and readiness to develop at this time. In July, the City
Council directed staff to proceed with a work program for Village 7, since it represents the
designated ORGDP location for the next Sweetwater Union High School District high school.
SPA planning at this time supports the availability of a school site meeting the District's
development schedule. In order for the SPA for Village 7 to be completed and set for hearing,
the conflict between the ownership pattern and the requirements to the ORGDP needs to be
resolved.
Proposed ORGDP Amendment
Staff proposes that the ORGDP be amended to allow for SPA applications to be filed on portions
of villages, if the Planning and Building Director finds good cause (see Exhibit 'A' of the
proposed General Development Plan Amendment resolution, Attachment 3.). It provides:
0 That the Planning and Building Director ~ accept a SPA application by an owner of less
than the complete village, if the property is a logical and essential initial component of the
overall village;
2
/tf- ;;-
Page 3, Item:-
Meeting Date: 05/18/04
0 That in processing such a SPA, the applicant will provide a conceptual plan for the entirety of
the village, to prove that a cohesive implementation of the ORGDP can be achieved on the
applicants property and on the remainder portion of the village not subject to the application;
0 That prior to the acceptance of such an application for processing and during processing
itself, other landowners within the village will be consulted and involved, if they so choose;
and,
0 That subsequent applicants within that village may submit amendments that add to and refine
the initial SPA.
This proposed ORGDP amendment would be applicable to the remaining Chula Vista villages
within Otay Ranch (Villages 7, 8, 9,10 and the Eastern Urban Center).
ANALYSIS:
The proposed amendments do not change the location or timing of new development per the
ORGDP. The timing of each village is still subject to the phasing provisions of the ORGDP.
By requiring a conceptual plan for the entirety of a village, the ORGDP amendment maintains
the requirement to assess the precise intensities and arrangement of land uses for each village at
the SPA level.
The ORGDP amendment does, however, offer the limited procedural opportunity for the Director
of Planning and Building to consider processing portions of villages to the SPA level, as
described above. It responds to the dilemma posed by differences between village boundaries
and ownership lines. It would retain the opportunity of SPA processing for those portions of
villages not included in the initial application, allowing owners of those portions of the village
the opportunity to amend the SPA and further tailor the plan at the time of their later submittals.
The outcome of the SPA process, as it relates to the ultimate form, content and timing of village
development will represent no change from current practice. The proposed ORGDP amendment
is also a timely response to a current matter, the processing of the Village Seven SPA, due to the
need to study and identify the location of the next Otay Ranch high school.
The proposed provisions were shared with private landowners within Village 7. A first draft was
circulated in December 2003. Subsequent to a meeting with representatives of the Otay Land
Company in February 2004, language was added regarding the involvement of non-applicant
village property owners. Further modifications have since been made and circulated amongst the
property owners. Staff will report on comments received from this circulation as part of the
presentation of this item.
3
1'f~3
Page 4, Item:~
Meeting Date: 05/18/04
FISCAL IMP ACT:
Preparation of this amendment was completed as part of the ongoing work on Otay Ranch
Sectional Planning Area plan for Village 7, which is funded by a developer deposit account. To
the extent that the amendment relieves the City of the obligation to participate and verify the
consent of many property owners to each amendment, the change would represent a potential
cost saving.
H:IPLANNINGIJimHlCCO511 04SegmelltinglCC- STFRPT SegGDPO51804.doc
4
/'-/-- if-
RESOLUTION NO.
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA AMENDING PART II, SECTION E.l OF THE
OTAY RANCH GENERAL DEVELOPMENT PLAN TO
ALLOW FOR THE SUBMITIAL OF SECTIONAL PLANNING
AREA PLANS ON PROPERTIES COMPRISING LESS THAN
THE WHOLE OF A VILLAGE
WHEREAS, the Otay Ranch General Development Plan, at Part II, Section E
("Implementation") says that, with certain named locations of exception, "Each village must be
master planned as a unit"; and
WHEREAS, on July 15, 2003, the City Council of the City of Chula Vista adopted
Resolution No. 2003-303, expediting the processing of Otay Ranch General Developrnent Plan
Village 7 Sectional Planning Area ("SPA") Entitlements, in support of the acquisition and
development of High School #13 by the Sweetwater Union High School District, as wen as
addressing other issues; and
WHEREAS, Village 7 of the Otay Ranch General Development Plan comprises five
separate property ownerships, whose owners are at various states of readiness to participate as
applicants in a SPA planning process, plan their own property, or seek local development
entitlements; and
WHEREAS, the multiple ownerships of Village 7 makes unified control of the property a
practical impossibility; and
WHEREAS, similar fractional ownership patterns exist in all of the remaining villages of
the Otay Ranch General Development Plan, leading to the likelihood that partial-village
applications will be desired and, in some cases, necessary for the fulfillment of the goals and
objectives of the Otay Ranch General Development Plan; and
WHEREAS, staff proposes to amend the Otay Ranch General Development Plan to allow
for the subrnittal of SPA plans on properties comprising less than the whole of a village; and
WHEREAS, the Environmental Review Coordinator has reviewed the proposed activity
for compliance with the California Environmental Quality Act (CEQA) and has determined that
the activity is not a "Project" as defmed under Section 15378 of the State CEQA G11idelines;
therefore, pursuant to Section 15060(c)(3) of the State CEQA Guidelines the activity is not
subject to CEQA. Thus, no environmental review is necessary; and
WHEREAS, the Planning Commission held a public hearing on said Otay Ranch General
Development Plan Amendment and at least ten days prior to the hearing notice of said hearing,
together with its purpose, was given by its publication in a newspaper of general circulation in
the City and posting at not less than three locations within the City's jurisdiction, in accordance
with Government Code Section 65090 et.seq, as those sections pertain to the issuance of notice
where the proposed amendment would otherwise require the mailing of notices to greater than
one thousand property owners; and
/4-5
Resolution 2004-XXX
Page 2
WHEREAS, the hearing was held at the time and place as advertised, namely 6:00 p.m.
on March 24, 2004, in the Council Chambers, 276 Fourth Avenue, before the Planning
Commission and the Planning Commission recommended approval of the amendment and said
hearing was thereafter closed; and
WHEREAS, a duly noticed public hearing was scheduled before the City Council of the
City of Chula Vista on the amendment of the Otay Ranch General Development Plan, namely
6:00 p.m. May 18,2004; and
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula
Vista hereby amends the Otay Ranch General Development Plan at Pat IT, Section E1 in the
manner indicated on the attached Exhibit A, which is made a part of this resolution as if fully set
forth herein.
Presented by Approved as to fonD by
!J;;JxJ ~ ~ ~
James D. Sandoval
Planning and Building Director City Attorney
/if-!P
EXHIBIT 'A'
Otay Ranch GDPjSRP -- Part II
Section E - Implementation
1. Introduction
This GDP/SRP will be implemented through the P-C (Planned Community) zoning in the
City of Chula Vista or Specific Plan zoning in the County. A Sectional Planning Area
(SPA) Plan for areas in Chula Vista will be prepared to provide detailed design and
development criteria. A Specific Plan for unincorporated areas will provide detailed
design and development criteria. Any zoning, SPA, or Specific Plan subsequently
adopted for Otay Ranch must be consistent with this GDP/SRP, and the General Plan of
the applicable jurisdiction.
This GDP/SRP will be used to evaluate development applications within Otay Ranch.
This GDP/SRP will also be used by applicants to guide responses to changing market
conditions, economic considerations and environmental research throughout the
implementation period of the plan.
0 SPAs are required for all areas within the Otay Ranch GDP/SRP 1.
0 Each village must be master-planned as a unit~~
0 Exceptions to the requirement to master-plan each village as a unit:
a. ([he Inverted "L", the Ranch House property, the areas of Village One and Two
West of Paseo Ranchero and the Freeway Commercial area of the Eastern Urban
Center (Planning Area 12), which may have their own SPA Plan approved prior to
the development of the particular area.
b. In instances when a village is not under unified control, in which case an
application may be accepted and processed for a portion of a village if detennined
necessary by the Director of the Planning and Building Department. In making
the administrative decision to accept the initial application within a village, the
Director shall first make a written detennination that the property constitutes a
significant and appropriate initial development area of the village and that the
application complies with the requirements of this provision. It is encouraged that
such applications comprise more than 40 acres, but lesser areas may be
considered by the Director of the Planning and Building Department. The entire
village shall be planned to a conceptual level to demonstrate the compatibility of
the portion under the control of the first applicant and the remainder of the
village, which may include but not be limited to integration of land uses and
infrastructure. As part of any SPA application submittal, the applicant will be
required to demonstate that it has met or made good faith attempts to meet, with
1 Except Planning Area 19, if processed in the County of San Diego.
/f-1
all other owners within the vilIage to discuss the applicant's proposal and to
comprehensively plan the vilIage. The decision of the Director of the Planning
and Building Department with respect to the SPA plan application shall be final.
Following application submittal, the City, the applicant and other owners within
the VilIage who wish to participate will meet and confer on a regular basis
regarding issues of integration and compatibility in an effort to avoid conflicts
where possible. Subsequent applicants within such VilIage may thereafer propose
amendments to the intial SPA approval.
0 More than one vilIage or planning area may be combined within a single SPA; and
should demonstrate a logical connection.
/L/-...g
PAGE I, ITEM NO.: ¡S-
MEETING DATE: 05/18/04
CITY COUNCIL
AGENDA STATEMENT
ITEM TITLE: PUBLIC HEARING OF THE CITY COUNCIL OF THE CITY OF CHULA
VISTA TO CONSIDER ADOPTING A SPECIFIC PLAN (PCM-02-10)
FOR THE AUTO PARK EAST EXPANSION (FRED BORST, BORST
FAMILY TRUST, AND FASK LAND)
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
ADOPTING A MITIGATED NEGATIVE DECLARATION AND
MITIGATION MONITORING AND REPORTING PROGRAM (15-02-
010) FOR THE AUTO PARK EAST SPECIFIC PLAN (PCM-02-10) (FRED
BORST, BORST FAMILY TRUST, AND FASK LAND)
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
ADOPTING A SPECIFIC PLAN (PCM-02-10) FOR THE AUTO PARK
EAST EXPANSION (FRED BORST, BORST FAMILY TRUST, AND FASK
LAND)
SUBMlnED BY: COMMUNITY DEVELOPMENT DIRECTOR ¥-l.#Y1
REVIEWED BY: EXECUTIVE DIRECTOR 4-
Qfl/
4/5THS VOTE: YES D NO 0
BACKGROUND
On September 5, 2001, Fred Borst, Borst Family Trust, and Fask land ("Applicant") filed an
application for a Specific Plan (PCM-02- 1 0) for the development of auto dealerships and
supporting uses on approximately 31 acres on the south side of Main Street and east of the
existing Auto Park. The project is located in the Otay Valley Road Redevelopment Project Area.
RECOMMENDATION
It is recommended that the City Council conduct the Public Hearing to consider adopting a
Specific Plan (PCM-02-10).
It is recommended that the City Council adopt a Resolution adopting a Mitigated Negative
Declaration and Mitigation Monitoring and Reporting Program (15-02-010) for the Auto Park East
Specific Plan (PCM-02-1 0).
It is recommended that the City Council place on first reading an Ordinance adopting the Auto
Park East Specific Plan (PCM-O2-1 0).
/5-1
----~-------------~----- -----
PAGE 2, ITEM NO.: IS-
MEETING DATE: 05/18/04
BOARDS/COMMISSIONS RECOMMENDATION
On October 20, 2003, the Resource Conservation Commission (RCC) considered the Mitigated
Negative Declaration and Initial Study (IS-02-010) for the Auto Park East Specific Plan (PCM-02-
10). The RCC determined that the Initial Study was adequate and recommended that the
Mitigated Negative Declaration be adopted.
On April 28, 2004, the Planning Commission adopted Resolution No. PCM-02- 10
recommending that the City Council adopt a Mitigated Negative Declaration and Mitigation
Monitoring and Reporting Program (15-02-010) and introduce an ordinance approving a Specific
Plan (PCM-02-10). The Planning Commission recommended modifying the Specific Plan to
require landscape plans to be submitted to the Otay Valley Regional Park Citizens Advisory
Committee (CAC) for comment prior to review by the Design Review Committee (DRC). This
change is noted in strike-out/underline in the attached Specific Plan. In addition, the Planning
Commission recommended that the trails easement alignment be submitted to the CAC for
review prior to final map approval.
DISCUSSION
SPECIFIC PLAN:
Purpose and Objectives
The Auto Park East Specific Plan has been prepared, in accordance with California Government
Code Sections 65450-65457 and Chula Vista Municipal Code Chapter 19.07, to plan and
implement the easterly expansion of the Chula Vista Auto Park. The guiding rationale behind the
Specific Plan is to ensure the orderly and viable development of the site and the implementation
of the policies of the General Plan and the Otay Valley Road Redevelopment Project Area by
establishing permitted land uses, development standards, design guidelines, and an entitlement
process. The comprehensive and coordinated development of the site will benefit the City and the
Redevelopment Project Area by removing blight and facilitating new development that will
expand commerce and the employment base.
The Auto Park East Specific Plan is a policy and regulatory tool that will guide the development of
the site using a focused development scheme. It provides a bridge between the broad policies of
the General Plan and the detailed development objectives for the site. The Specific Plan
establishes land use and development regulations that are specifically adapted to the proposed
development of the site. The provisions of the Specific Plan are intended to be responsive to
constraints and opportunities on the site and the objectives of the project while implementing
adopted policy. The primary objectives of the Auto Park East Specific Plan are to:
. Expand the existing Auto Park to create a regional destination automobile sales and
service park with supporting uses;
. Create a distinct identity for the Auto Park and a thematic link to other attractions in the
Otay Valley through the Main Street Streetscape Master Plan;
. Coordinate the development, operation, and maintenance of the site;
. Improve the image of the Main Street corridor and adjacent land uses; and
. Ensure the provision of all necessary infrastructure, services, and facilities.
J6'8-
PAGE 3, ITEM NO.: ¡<j
MEETING DATE: 05/18/04
Site Characteristics and Surrounding Uses
The project site is located along Main Street, approximately one half mile east of Interstate 805,
between Brandywine Avenue and Maxwell Road. The site consists af approximately 31 acres on
the south side of Main Street with approximately 2,910 feet of street frontage and a maximum
depth of approximately 600 feet. The site was previously developed and used for agricultural
purposes and also included the former Ci1y Animal Shelter, which was demolished in 2002. The
site has been stocked with imported fill under an uncontrolled embankment permit.
Immediately adjacent land uses include the existing Auto Park to the west, the Auto Park North
expansion site, industriol parks to the north (across Main Street), the atay Valley Regional Park
and atay River to the south and east. Miscellaneous industrial and commercial uses are located
along the Main Street corridor along with open space related to the atay River Valley. The atay
Landfill is located to the northeast of the Project site; the Coors Amphitheater and Knott's Soak
Ci1y are located to the east.
Development Concept
The Chula Vista Auto Park is intended to be a regionol automobile sales and service destination
located within the atay Valley Road Redevelopment Project Area. The existing 24-acre Auto Park
was constructed in 1991-1995. The Auto Park North expansion was approved in June 2003 and
has added approximately 39 acres to the Auto Park. The Auto Park East expansion would add
approximately 31 acres to the Auto Park for a total of opproximately 94 ocres. This would
include the approximately one-acre former Ci1y Animal Shelter parcel owned by the Ci1y.
The Auto Park East Specific Plan would allow new car dealerships on at least 75 percent of the
site and the construction of at least 200,000 square feet of dealership buildings. The floor area
for these buildings would vary depending on the development proposals submitted for individual
dealerships. These buildings would 1ypically include showrooms, offices, service stations, and
parts departments. Up to 25 percent of the site could be developed with supporting uses such as
a service station, car wash, and restaurants.
The development concept for the Auto Park East Specific Plan consists of 14 parcels. At least 60
percent of the frontage on Main Street is required to be developed with new car dealerships. Up
to 40 percent of the Main Street frontage may be developed with supporting uses. Signalized
intersections are proposed at the existing Main Street intersections at Delniso Court, Roma Court,
and Maxwell Road.
Development Standards
The Specific Plan includes development standards, design guidelines, performance standards,
and conditions. These provisions establish lot configurations, maximum lot coverage and floor
area, maximum height, minimum setbacks, parking requirements, landscape requirements, and
sign requirements. Although most of these standards are consistent with the underlying zone or
other provisions of the Municipal Code, some are unique to the Specific Plan and take into
consideration the project site and the objectives for the Auto Park.
/6,3
PAGE 4, ITEM NO.:
MEETING DATE:
15
05/18/04
The Specific Plan's design guidelines require landscape consistency within the Auto Pork ond
street, signoge, and londscape improvements that are consistent with the Main Street Streetscape
Moster Plan. These design controls are intended to create a coordinated theme and image for
the Auto Park and the Main Street corridor.
Performance standards and conditions would insure that the operations and maintenance of the
land uses in the Auto Park do not become detrimental to other uses or surrounding areas. These
standards and conditions address hours of operation, promotional displays and events, deliveries
and loading, outdoor speakers and pagers, car washing, facilities maintenance, and lighting.
Issues Addressed
The primary issues identified in the Specific Plan include the project's adjacency to the Otay River
and the proposed Otay Valley Regional Park, trails linkages within the park, the shallow depth of
the site, extensive frontage along a prime arterial street, and location within the industrial Main
Street corridor.
The Specific Plan addresses these issues primarily through development standards including a
substantial setback requirement (60-feet minimum) along the southern project boundary, a
landscape buffer consisting of native and/or non-invasive plant materials, the requirement for a
trails easement as a fall-back measure if a trail cannot be located within the adjacent park,
limited vehicular access points to Main Street, and consistency with the Main Street Streetscape
Master Plan.
General Plan Consistency
The Auto Park East Specific Plan is consistent with the Research and Limited Industrial land use
designation of the General Plan. Automobile sales are conditionally permitted uses in the I-L,
Limited Industrial Zone, which implements the land use designation. The Specific Plan would limit
the range of uses otherwise permitted by the Limited Industrial Zone in order to achieve the
objectives of the Redevelopment Plan for the Otay Valley Road Project Area, specifically the
expansion of the Auto Park and creation of a regional-serving auto center.
The Limited Industrial zone allows a wide range of uses including, but not limited to,
manufacturing, processing, assembling, and packaging of products; warehousing; laboratories;
vehicle and equipment sales; sales, rental, storage, and service yards; agriculture; machine
shops; service stations; restaurants; auto repair, engine rebuilding, and auto body and paint
shops; trucking yards, terminals, and distributing operations; retail distribution centers and
outlets; recycling centers; and hazardous waste facilities.
The Specific Plan considerably reduces the range of potential land uses on the project site by
specifying four categories of permitted uses, all of which would be consistent with the underlying
land use designation. These are automobile sales (new car dealerships), inventory parking,
supporting services, and accessory uses. Supporting services include a range of land uses that
would support the auto dealership uses in the Auto Park. These include automobile parts and
accessories sales; collision repair; detailing and car washes; restaurants; other vehicle sales and
service; and car rentals.
/s-4
/
PAGE 5, ITEM NO.: I~
MEETING DATE: 05/18/04
Redevelopment Plan Consistency
The expansion of the Auto Park is an adopted redevelopment program in the 2000-2004 Five
Year Implementation Plan for the Otay Valley Road Project Area. The program is intended to
address the conditions of inadequate public improvements, public facilities, visual blight, and
other conditions of blight including deprecioted/stagnont property values, under-developed
property, and the need for an enhanced physical environment. The Specific Plan and its
implementation would be consistent with the adopted policies of the Redevelopment Plan for the
project area.
MITIGATED NEGATIVE DECLARATION:
The Environmental Review Coordinator conducted an Initial Study in accordance with the
California Environmental Quali1y Act. Based on the Initial Study, the Environmental Review
Coordinator determined that the project could potentially result in significant impacts. However,
revisions to the project made by or agreed to by the applicant would avoid or mitigate the
impacts to a point where clearly no significant impacts would occur; therefore, the Environmental
Review Coordinator has prepared a Mitigated Negative Declaration and Mitigation Monitoring
and Reporting Program (IS-02-01 0).
The 30-day public review and comment period, including the State Clearinghouse review period
for State agencies, for the MND closed on November 14, 2003. Pursuant to CEQA, the decision
making body of the lead agency is required to consider the proposed MND together with any
comments received during the public review process. Although formal responses to written
comments on a draft MND are not required, responses to the comment letters are attached to the
MND.
The RCC raised a concern that the cumulative traffic mitigation measure does not indicate a
commitment for when the measure will be implemented. The mitigation measure states that prior
to issuance of building permits, the applicant shall contribute to the Traffic Development Impact
Fund (TDIF) toward the construction of a second westbound left-turn lane to be provided at the
Main Street/I-80S southbound ramp intersection.
StaH Response
The need to provide a second westbound left turn lane underneath the 1-805 overpass was
identified as a cumulative impact in the traffic report prepared for this project by LLG Traffic
Consultants on November 12, 2001 and revised on April 22, 2002. Cumulative impacts
pursuant to the California Environmental Quali1y Act (CEQA), are impacts created by overall
development. Each subsequent individual project contributes to the identified cumulative impact
through an additive effect. This project is being required by the mitigation measure to contribute
its fair share of the overall identified cumulative impact. Each project's fair share is determined
by the traffic it generates based on Average Daily Trips (ADTs).
The development impact fee is the best mechanism for identifying the fair share distribution of the
overall mitigation program. The adopted Chula Vista Development Impact Fee for Streets (TDIF)
has two main purposes: (1) To fund the construction of facilities needed to reduce, or mitigote,
/5-$
~-~- . ~~_._.--~---~-----~~---
PAGE 6, ITEM NO.: 15
MEETING DATE: 05/18/04
potential impacts resulting from development within the specified area; and (2) To spread the
costs associated with construction of the facilities equitably among the developing properties.
These fees are governed by the regulations and requirements of Government Code Section
66000 et seq. of the State of California. The City's TDIF program is intended to implement the
City's adopted goals and objectives.
OWNER PARTICIPATION AGREEMENT:
A Master Owner Participation Agreement (OPA) will be presented to the Redevelopment Agency
in the near future to address the negotiable development considerations and performance
requirements for the project. Many of these provisions are standard to Owner Participation
Agreements in the Redevelopment Project Areas. Special provisions pertaining to this project
include dates by which site improvements, dealership construction, and dealership operations will
begin. The OPA benchmarks will ensure the timely delivery of economic benefits and quality
development of the project.
Based upon the Redevelopment Plan and associated rules and regulations, individual OPA's for
subsequent development of parcels in the Project will be required. The Specific Plan provides
streamlined processing of dealership applications; however, the OPA's will be brought to the
Redevelopment Agency for consideration.
FISCAL IMPACT
If the project is approved and fully developed, the ultimate tax increment is expected to exceed
$150,000 annually and the anticipated annual sales tax receipts to the general fund from this
project are estimated at $1,200,000. The Specific Plan, valued at approximately $50,000, was
completed with participation by Redevelopment Agency staff as stated in the 2000-2004 Five
Year Implementation Plan for the Otay Valley Road Project Area. The applicant reimbursed a
portion of staff costs through a deposit account for the Specific Plan and the environmental
documentation.
AnACHMENTS
A. Locator Map
B. Aerial
C. Application
D. MND/MMRP/Comments/Responses
E. Draft Planning Commission Resolution No. PCM-02-1 0
15-~
ATTACHMENT A
LOCATOR MAP
County Landfil.
Regional Park
Lîr
NOT TO SCALE
¡S-'7
~ -~~u_~--~~- ~-----------
ATTACHMENT B
AERIAL
15 - ~
- .- .- ~----_~____n-
'.--';>.-0-. .- ~-"-_. -,.,.... -- - . "-"---- ---_u.---.-.-- --- '-0.- '~.......,~~~ G
_\l~:' . - cm.O;CHUi.A ViSTA Developmen prce Ing
. /- ~ PJ8DIl1ng & Bwlding [)epanmcnt Application Form - Type B
~ 276 Fourth Avenue
a-tID~ (619)691-SI0I. Page One
ITYPE OF REVIEW REQUESTED (slatt use only) Cose No.: Pc"., -lJ2-{ð
::J GeneId PIon Þmenctrenl a Zone Change
:J Geneta Development PIon a Tenlclive SutxiWIon ~Do1e: 9->-"/ By: )Ik-
AssIgned Pb:1ner:
0 Amenanen I Mop Race", No.:
~PNSped1lc Pal a~ Pro ect Þcd: 1f)t1,.- 1fT. - ;)...). 1
0 .Amenc:tnenl a Other: Deposft Þcct: ~ '7 g I
:J Reœ.eIopmefI! Related Cases: '1=S", ? - ð I 0
0 knenc:tnenl - '. aLA. -¡¡¡I '""'" - f
APPLICANT INFORMATION -
~
\DP6Ca"d Nome J Phone No. I
Fred Borst, Borst Fallih Trust&Fa!'<k Land (760) 648-7994 I
.p jIccJ1 Aaáess I
,
P.O. Box 2008 E1 Cajon CA 92021 I
ppica"I"s nteæsl -po., I tqJIcQnIls nol 0YInef. owners o~
:1 Own 0 Lease a In Escrow a 0p00n 10 puchose Is IeQIted 10 process request See $IgrøI.Je
on Page Two.
"ÇJneefJÞI;pnI Theodore Grisvold, Procorpio, Cort~ No.
Jim Hettinger/Holte Associates . I(~~A) 385-0500
~AgenI Aaâess
15090 Aye. of Sciences SD CA 92128/530 B Street Suite 2l0~ SD CA 92101
~ENERAL PROJECT DESCRIPTION (for all types)
0 eCf Ncme 5 : ..e. CcmnerdoI Of ResIdenIIa
Chula Vista Auto Park II I Commercial: Auto Park
ened DescdpI1oo of Proposed Pro ect
Iea5e use ~ A 10 ptI:IIIde a ftJI ØE!sctþI1otI end }AtIf1ootIon for fie ¡:roJecfJ
See Attached
OBJECT PROPERTY INFORMATION (for aU types)
:otIorVSVeet Adò'ess
~outh side of Main Street,
00
32 acres (gross)
Industrial Limited Industrial Zon -
/5-q !
acant -
"""iFtf!i tr 2} "m
""",.---. . .. .~_. .-.. .- ..----_?_-..------ "~.-~- ~-~-.---~.=- ---
~~!~ CITY OF CHULA VISTA Development Processing
r":~ ~.,. Punning & Building DCpu1mC11t Application Form - T~B
~ 276 Fourth AVC11UC -
:H1.ÎÀ~ (619)691-5101 Page Two
I"~~~ ]
Case No..
GENERAL DEVELOPMENT PLAN ~
3enera DeveIopmenl Plan Nome
Chala Vista Auto Park I
Olof~
Prooosed Land Uses I
ConYnerciol: --ll.....L Acres Industtol: _Acres
1'on3: Aaes Schoois: _Acres 1
CorrIrun!tyPurpose:_Aaes CIrculation: _Acres I
N::6:;JQuos : Aaes Open Space: Acres . I
- - ,
ResIdenIioJ Range - - '
SIngle Ñ::II"NIy Detached~ 1o _lkYts - AC!es ,
SIngle Farrily AI1oched: _IO_lXŸIS_Þcres
D.JpIexes: _IO_lkYts_Actes I
þ.portments: _IO_lkYts_Aaes I
~: 1o lkYts Aaes
Tolals: ===10 lkTIs Acres I
~~ ~=DMENT II
.... .... "'" "" ........ "':' """'" be a " oged . .
~TION (
:ezonrç IlAfCO Ref. No. I
'ENTATIVE SUBDMSION MAP ~
-;: ICV'~I~ I
Inm.rn ~. e I No. 01 .... I "",ag."'" "'" .
,ONE CHANGE ~
] Rezc:ring 0 PrezonJng 0 Setback" I Proposed Zoning I
:heod"re J Gri"wol: .~ Al1"'II"t ,1 ?001
II ~I or Agent Name . 0( I SIgnature Dote
red ëorst
11 Owrs No me o....ner SgIa1ue ¿ I D Cot e
(ReQuired If .ApplJcont /$ not 0M">e-/ / -;:)' 97911
~ MDfT t>
Responses to Comments
All letters received during the public review of the Draft Mitigated Negative Declaration (MND)
for the Auto Park East Specific Plan are reproduced in their entirety and are addressed in the
following Responses to Comments section. Numbered responses correspond to the numbered
comments at the point the comment occurs for purposes of continuity. The following is a Jist of
letters of comments received during the public review period.
Letter of Comment
1. Harlan R. Jeche, Unit Chief Southern Califomia Cleanup Operations Branch - Glendale,
California Department of Toxic Substances Control (DTSC), letter dated November 5,
2003
2. Mario H. Orso, Chief Development Review Branch, California Department of
Transportation, (Caltrans), District 11, letter dated November 10, 2003
3. Dee Peralta, Planning and Facilities Supervisor, Chula Vista Elementary School District,
letter dated October 20, 2003
4. Christine Craven, Engineering Teclmician, Otay Water District, Jetter dated October 20,
2003 and Dianne Kilwein, P.E., Associate Civil Engineer, Otay Water District, letter
dated October 29, 2003
5. Cathy Cibit, Acting Assistant Deputy Director, City of San Diego, Development
Services, letter dated November 14,2003
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Mitigated Negative Declaration
PROJECT NAME: Chula Vista Auto Park East Specific Plan
PROJECT LOCATION: South of Main Street (fonnerly Otay Valley Road)
ASSESSOR'S PARCEL NO.: 644-040-62, 644-040-11
PROJECT APPLICANT: Mr. Fred Borst
Borst Trust
P.O. Box 2008
El Cajon, CA 92021
CASE NO: IS-02-010
DATE OF DRAFT DOCUMENT: October 10, 2003
DATE OF RESOURCE CONSERVATION COMMISSION MEETING: October 20, 2004
DATE OF FINAL DOCUMENT: April 21, 2004
A. Project Settinl!:
The proposed project site is located in the City of Cbula Vista, approximately
6 miles south of the City of San Diego's downtown core and approximately
8 miles north of Tijuana, Mexico, and the international border (Figures 1 and 2).
The site is part of the Otay Valley Redevelopment Area which was created in
1983 and covers 771 acres of primarily industrial/commercial property.
The Auto Park Expansion project is located on 31.2 acres south of Main Street
(fonnerly Otay Valley Road), east of Interstate 805. To the west is the existing
Chula Vista Auto Park. The project site is bound to the north by Main Street, and
to the south is the Otay River. East of the project site is open space. Other
surrounding land uses consist of commerciaVindustrial and residential single-
family development (Figure 3).
B. Proiect Description
The Chula Vista Auto Park is intended to be a regional commercial automobile
sales and service center located within the Otay Valley Redevelopment Project
Area. The existing Auto Park (Phase 1) was constructed in 1991. An
Environmental Impact Report (EIR) was prepared for the development of Phase 1
by P&D Technologies in November 1991 (SCH No. 91061074). Phase 1 consists
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of two parcels, what was once referred to as the Shinohara to the east (20 acres)
and the Pacific Bell on the west (5 acres). In August of 1991, the City of Chula
Vista issued a negative declaration (IS-91-45) for the Shinohara Grading Project,
which allowed for rough grading of20 of the 25 acres of the project site. The EIR
addressed impacts associated with the subdivision and development of an auto
dealership complex consisting of five auto dealership structures and associated
uses, parking, and roads. The total floor area was proposed to be approximately
139,000 square feet (SF).
The primary use of the site was to provide new car sales, with other uses
proposed, such as the sale of recreational motor homes, boats, used/trade-in cars,
parts departments, vehicle service facilities, vehicle storage facilities, body shops,
a fueling station, and a car wash. Currently, Phase I consists of two auto
dealerships, Fuller Ford/Honda and People's Chevrolet.
The Auto Park East Specific Plan is proposed for the expansion of the existing
Auto Park. The rationale behind this Specific Plan is to ensure the orderly and
viable development of the project site, and the implementation of policies of the
General Plan and the Otay Valley Redevelopment Project Area. The
comprehensive and coordinated development of the Auto Park expansion will
facilitate new development that will expand retail opportunities and the
employment base.
The project consists of proposed subdivision and development of an Auto Center
containing up to 200,000 SF of auto dealerships on approximately 31 acres.
Accessory uses will include dealership service facilities and body shops, a fast-
food facility, a gas station with convenience store, a car wash, [mancial assistance
providers, auto parts stores, and a restaurant. The existing Auto Park is
approximately 25 acres. The Chula Vista Auto Park East Expansion will increase
the existing Chula Vista Auto Park by 128%, from 25 acres to a total of 56 acres.
The expansion is estimated to include the construction of new car dealerships. A
minimum of75% of the total site area will include auto dealerships. A maximum
of 25% of the net site area (approximately 6.2 acres) will be used for supporting
uses. These uses will be concentrated on the eastern portion of the project site
and will include, in order of priority, a fast-food restaurant, a gas-martlcarwash, a
fast-food or sit-down restaurant, a tire store, a bank/financial institution, an auto
parts store, an alarm/security/sound system retail outlet, an off-road vehicle store,
and an All-Terrain Vehicle (ATV)/Trailer dealership. These supporting uses will
complement and serve the entire Auto Park, and will diminish offsite traffic
impacts by creating a comprehensive automotive center within the Auto Park.
Each new car dealership will include a showroom, offices, service stations, and a
parts department. The remainder of the dealership lots will be used for vehicle
display and storage and landscaping. The relative area of each of these uses for
each dealership will vary, based upon their business plan and overall site area.
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The existing 31-acre single-parcel project site will be divided to create 14 parcels,
numbered 1 through 14, west to east (Figure 4 and Figure 5). The primary
dealership locations will be Parcels 2 through 8. The parcels may be developed
individually as single dealerships or groupings of two or more parcels, depending
on the anticipated volume needs of the dealership. Maximum building coverage
of each dealership will follow the proportionate development guidelines in the
Chula Vista Auto Park East Specific Plan.
Each of the facilities wi\! gain primary access from Auto Park Drive, a frontage
road south of Main Street, which will be extended easterly from Phase 1 of the
Auto Park. The extended Auto Park Drive will include improved intersections at
Roma Court and Maxwell Road and wi\! tenninate at the Maxwell Road
intersection. An internal circulation road (Auto Park Drive) wi\! allow onsite
traffic flow along the south perimeter of the project.
The project wi\! gain access from Main Street to the west, using a right-turn-only
entrance at the interface of the project site with the Chula Vista Auto Park
Phase 1. The internal circulation road (Auto Park Drive) will wind to the south
portion of the project site for the length of the property, connecting with Main
Street through midpoint connections with Roma Court and Auto Parkway, and
terminating at Main Street at Maxwell Street. The Maxwell Street/Main Street
and Roma Court/Main Street intersections will be fully signalized. On site, Roma
Court wi\! extend south to a T-intersection with Auto Park Drive. All dealerships
and supporting uses in the project area wi11 have access from Auto Park Drive,
and those fronting Roma Court wi11 also have access from Roma Court.
The project wi\! include the import of 472,830 cubic yards of soil to create a level
development area. The site was previously issued a stockpile pennit which is no
longer in use. Any soils to be imported to the site will be required to undergo
evaluation to detennine the existence of any hazardous materials or contamination
prior to use. All of the imported soil will be placed above the 100-year floodplain
as depicted in the most recent Federal Emergency Management Act (FEMA)
maps. The project pad will include the construction of nine private stonn drains,
which wi\! concentrate runoff through onsite cleaners and flow regulators, will
eventually flow into the Otay River floodplain. One municipal stonn drain pipe
located at the western portion of the property wi\! terminate at the southern edge
of the development adjacent to the wetlands. Flows into this stonn drain are from
off-site municipal infrastructure, and the project site does not contribute to flows
into this drain. Site reconnaissances of the stonn drain wi11 be conducted a few
times a year to ensure that facilities are not damaged by vandalism or natural
effects. Requirements for maintenance and any improvements to this access road
shall be established by the City Public Works Department. An unpaved access
road wi11 be provided to this outlet to allow maintenance to the municipal stonn
drain.
Additionally, Nolte Associates, Inc., the project engineers, have indicated a
"keystone" masomy wall ranging from approximately 5 feet to 31 feet in height
PI NCVI APElRov-MNDlmuto- mnd-""p"d (1019103) 7 f =:~ ~~
has been proposed to traverse the southern portion of the site to reduce direct
impacts to the adjacent riparian habitat. The finished building pad will average
approximately 25 feet above the floor of the Otay River Valley. The wall will be
a "keystone" wall designed to provide slope protection from the adjacent Otay
River Valley. The design of the wall wilI allow plantings with noninvasive native
plants compatible with the adjacent habitat within the Otay River Valley.
The site will be landscaped along the frontage consistent with Phase I of the Auto
Park and the Auto Park East Specific Plan thematic landscape guidelines.
Meandering turf and groundcovers, along with accent plants, will be used on
Main Street and along Auto Park Drive. Dealerships will include localized trees
and shrubs to soften the appearance of buildings.
The project has been redesigned to minimize impacts to adjacent wetland habitat.
Even still, the project will impact a small amount (0.46 acre) of jurisdictional
wetland adjacent to the Otay River. This impact will necessitate a Section 404
(Nationwide) Clean Water Act pennit from the U.S. Anny Corps of Engineers
(USACOE) and a Section 401 Water Quality Certification from the California
Regional Water Quality Control Board (RWQCB). A Streambed Alternation
Agreement will be required pursuant to Section 1600 et seq. of the California Fish
and Game Code.
Discretionary Approvals
The following pennits or discretionary approvals are required for project
implementation:
. Specific Plan for the Chula Vista Auto Park East Expansion;
. Design Review Committee Review;
. Tentative Parcel Map for the subdivision of the existing single-parcel
project site into fourteen parcels;
. California Department ofFish and Game (CDFG) 1603 Agreement;
. RWQCB 401 Certification; and
. USACOE Section 404 Pennit.
Lead Agency
In conformance with Sections 15050 and 15367 of the California Environmental
Quality Act Guidelines, the City of Chula Vista will be the "lead agency", which
is defined as the "public agency which has the principal responsibility for carrying
out or approving a project".
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Responsible Agencies
United States Anny Corps of Engineers (Section 404 Nationwide Clean Water
Act pennit)
California Regional Water Quality Control Board (Section 401 Water Quality
Certification)
California Department ofFish and Game (Streambed Alteration Agreement)
C. Compatibilitv with Zonin2 and Plans
The proposed project is located within an area designated as Research and
Limited Industrial in the General Plan and zoned ILP - Limited Industrial Zone,
Precise Plan Modifying District. The project is also within the Otay VaHey
Redevelopment Project Area.
The proposed Auto Park East Specific Plan has been prepared in accordance with
Chapter 19.07 of the City of Chula Vista Zoning Ordinance and Sections 65450-
65457 of the California Government Code. The proposed specific plan would
supercede the site's existing zoning by establishing land use, design, and
development standards for the site and defining the type and amount of
development pennitted. Where in conflict with the Zoning Ordinance, the
specific plan will apply; where the specific plan does not address a topic,
appropriate City regulations will apply.
The Specific Plan would also be consistent with the City of Chula Vista
Redevelopment Agency Project Area Improvement Plans for 2000 through 2004.
This five-year implementation plan was adopted by the City in November 1999
and was detennined to be consistent with the City's General Plan.
Chula Vista's nO-acre Otay Valley Redevelopment Area, located in the
southeastern corner of the City, is a gateway to ChuIa Vista from Otay Mesa and
the Mexican commercial border crossing. Established in 1983, this project area's
light industry and nearby cultural and recreational uses are bringing regional
recognition to the Otay VaHey's unique advantages.
The goal of the Redevelopment Area Plan for the Otay VaHey Road is to "use the
process of redevelopment to eliminate and mitigate the many aspects of existing
visual, economic, physical, social, and environmental blight within the Project
Area." The Redevelopment Plan establishes objectives such as:
. The development of property within a coordinated land use pattern of
commercial, industrial, recreational, and public facilities in the Project
Area consistent with the goals, policies, objectives, standards, guidelines,
and requirements as set forth in the City's and County's adopted General
Plan and Zoning Ordinance;
PI /VCVI APE/R,,-MND/muto - =d-m,ptod (10/9/03) 13 I 5 -'30
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. The encouragement, promotion, and assistance in the development and
expansion of local commerce and needed commercial and industrial
facilities, increasing local employment prosperity, and improving the
economic climate within the Project Area, and the various other isolated
vacant and/or underdeveloped properties with the Project Area; and
. The creation of a more cohesive and unified community by strengthening
the physical, social, and economic ties between residential, commercial,
industrial, and recreational land uses within the community and the Project
Area.
These objectives focus on the development of commercial/industrial uses within
the project area. Therefore, implementation of the Specific Plan does not conflict
with the City's efforts in redeveloping the OtayValley Road project area.
The proposed Otay Valley Regional Park (OVRP) is located to the south of the
proposed project site. The City is a participating local agency in planning and
implementation for the OVRP. This major planning project will result in a
regional park consisting of approximately 8,700 acres. The OVRP will provide
for biological open space, active and passive recreation areas, trail corridors,
staging areas, overlook areas and interpretive centers. The boundary of the OVRP
open space is the same as the boundary of the County of San Diego Multiple
Habitat Planning Area (MHPA) designated in the Multiple Species Conservation
Plan (MSCP) Subarea Plans for the Cities of San Diego and ChuIa Vista and the
County of San Diego South County Segment. A 5-foot-wide sidewalk area
located along the southern portion of the keystone wall may be used in the future
as part of the proposed OVRP trail system.
The MSCP is a comprehensive, long-tenD habitat conservation plan which
addresses the needs of multiple species and the preservation of natural vegetation
communities in San Diego County. The Subarea Plan for the City ofChula Vista
has been prepared pursuant to the general outline developed by the USFWS and
the CDFG to meet the requirements of the California Natural Community
Conservation Planning (NCCP) Act of 199 I. The Subarea Plan is also consistent
with the MSCP Subregional Plan and qualifies as a Subarea Plan document to
implement the MSCP Subregional Preserve within the City.
D. Identification of Environmental Effects
An Initial Study conducted by the City of Chula Vista (including an attached
Environmental Checklist Fonn) determined that the proposed project will
potentially have a significant environmental effect on the following
environmental resources:
. Air Quality;
. Biological Resources;
. Hazards and Hazardous Materials;
P/NCV/APElR,v.MND/m"to_~d..mp"d (10/9/03) 14 15-3\
. Cultural Resources;
. Geology/Soils;
. Hydrology and Water Quality;
. Noise; and
. T ransportati on! C irculati 0 n.
Air Quality
Based on an Air Quality Impact Analysis prepared by Giroux and Associates
(2003), the proposed project will generate an incremental increase in short- and
long-tenD emissions as development occurs. Air poIlutants will be generated
during both the construction and operation phases. Development of this site is
consistent with the land use plan that currently exists and is, therefore, consistent
with the goals and objectives of the current Regional Air Quality Strategy
(RAQS) for San Diego and with the State Implementation Plan (SIP). The SIP
documents the necessary overall strategy and individual tactics by which the San
Diego Air Basin can meet its attainment goal.
Because of the absence of local thresholds, a similar set of criteria was used based
upon the CEQA guidelines from the South Coast Air Quality Management District
(SCAQMD). Because San Diego air quality is better than in Los Angeles, use of
these guidelines is presumed to create an even greater margin of safety for pollution-
sensitive receivers in the project vicinity. The SCAQMD's significance criteria
were adopted for construction activities as follows:
ROG 2.75 tons/quarter
NO, 6.75 tons/quarter
CO 24.75 tons/quarter
SO, 6.75 tons/quarter
PMIO 6.75 tons/quarter
Operational Impacts
The project is consistent with the City's operational activity measures, since it
proposes to provide employee services (restaurants) within walking distance and
provides an employment base in proximity to residential uses. No adverse air
quality impacts are anticipated due to implernentation of this project.
The proposed project will impact air quality almost exclusively through the
vehicular traffic generated by site visitors and employees. Mobile source impacts
occur basically on two scales of motion. Regionally, site-related travel will add to
regional trip generation and increase the vehicle miles traveled (VMT) within the
local airshed. Locally, project traffic wilI be added to the Chula Vista roadway
system near the project site. If such traffic occurs during periods of poor
atmospheric ventilation, is comprised of a large number of vehicles "cold-started"
and operating at inefficient speeds, and is driving on roadways already crowded
with nonproject traffic, there is a potential for the fonnation of microscale air
PIA/CVIAPEIR,v-MNDi<wuto_=d-""pkd (JOI,IOJ) 15 \ :; - ~è)..
------------ ----------- --~--- -
pollution "hot spots" in the area immediately around points of congested traffic.
With continued improvement in vehicular emissions at a rate faster than the rate
of vehicle growth and/or congestion, air pollution "hot spot" potential is steadily
decreasing. Standards for carbon monoxide (CO), the most typical indicator of
any "hot spot" potential, have not been exceeded at any air basin monitoring
station since 1990.
A microscale air quality "hot spot" analysis was conducted at the Main Street!
Oleander Avenue intersection at the closest point of potential traffic impact to air
quality with occupied sensitive receptors (homes north of Main Street). A
dispersion analysis was conducted using the CaItrans CALINE4 roadway
emissions air pollution model. The peak one-hour CO exposure to the nearest
residents from Main Street traffic was less than 1.0 parts per million (ppm). The
maximum background CO level in Chula Vista was 6.0 ppm in 2000. If the worst
background, plus the maximum local contribution were to occur at the same time,
their combined exposure would be 7.0 ppm. The level is less than the California
one-hour CO standard of 20 ppm. It is also less than the more stringent 8-hour
state and/or federal CO standards of9 ppm.
Future CO exposures are forecast to decline as continued emissions improvements
offset any local traffic growth. There are no predicted existing or future CO "hot
spots" in the project area.
Secondary project-related atmospheric impacts derive from a number of other
small, growth-connected emission sources such as temporary emissions of dusts
and fumes during project construction; increased fossil-fuel combustion in power
plants from project electricity requirements; evaporative emissions at gas stations
or from paints, thinners, or solvents used in construction and maintenance;
increased air travel from area visitors; dust from tire wear and resuspended
roadway dust, etc. All these emission points are either temporary, or they are so
small in comparison to project-related automotive sources that their impact is less
than significant.
Construction Impacts
Clearing of the project site, excavating for utilities, the preparation of foundations
and footings, and construction of any "hardscape" will create temporary emissions
of dusts, fumes, equipment exhaust, and other air contaminants during the project
construction period. In general, the most significant source of air pollution from
project construction is typically the dust generated during clearing, excavation,
and site preparation.
Dust lofting rates from construction activities are usually assumed to average
1.2 tons of dust per month per acre disturbed. This rate is for total suspended
particulates (TSP). TSP contains a limited fraction of particulate matter small
enough (10 microns or less, called PMIO) to enter into human lung tissue. The
above factor also does not consider the dust control efficiency from nonnal
PIA/CYIAPEIR".MNDI","to_=d'""pt<d (1019/03) 16 \5-33
construction practice. Dust control through regular watering and other fugitive
dust abatement measures required by the San Diego Air Pollution Control District
(APCD) can reduce dust emission levels from 50% to 75%. Dust emission rates,
therefore, depend on the site development rate and the care with which dust
abatement procedures are implemented.
The proposed project site covers approximately 31 acres. Under standard grading
practice, less than 10 acres of grading occurs during grading operations. As a
worst-case assumption, every square foot of the site was assumed to be under
simultaneous grading disturbance. For a 31-acre disturbance area, PMIO
emissions are estimated to be approximately 850 pounds per day with the use of
"standard" dust control measures. If grading were to occur in excess of 10 acres
daily, this emission level would be well in excess of the 6.75-tonlquarter threshold
if heaviest construction occurred for more than 15 days per quarter.
Enhanced dust control measures can achieve 80% control efficiencies compared
to the 50% attainable with watering alone as the only standard dust control
measure. The Air Resources Board (ARB) assigns a PMIO emissions rate of
10.2 pounds per acre when additional dust control is practiced beyond once-daily
watering. With adoption of enhanced dust control measures, assuming that the
project is completed consistent with standard -- grading operations (less than
10 acres of disturbance daily), maximum daily PMIO emissions can thus be
maintained at 326 pounds per day. With the use of best available control
measures (BACMs) for dust control, temporary PMIO impacts from project
construction would not be significant. Use of enhanced dust control is required to
maintain a less-than-significant PMIO impact. The project will be conditioned by
the City to implement mitigation measures listed in Section E of this MND as part
of the Grading Pennit.
Construction activities are most noticeable in the immediate vicinity of the
construction site. There is, however, some potential for "spillover" into the
surrounding community. Spillage will be physical, such as dirt tracked onto
public streets or dropped from trucks. Spillover will also be through congestion
effects where detours, lane closures, or construction vehicle competition with
nonproject peak-hour traffic slows traffic beyond the immediate construction site
to less poIlution-efficient travel speeds. Such offsite effects are controIlable
through good housekeeping - and proper construction managemenVscheduling.
Recommended management techniques to reduce potential spillover impacts
include cleanup of spills on public streets, traffic management to minimize
detours and conflicts with peak-hour baseline traffic, and encouraging
construction personnel carpooling.
Auto Maintenance Impacts
Automobile maintenance entails vehicle idling during engine tune-ups and repair.
Maintenance wilI require the use of solvents, paints, and other materials that are
considered potentiaIly hazardous. Occupational health and safety agencies limit
PI AICV/APE/Rev-MND/",uto - mnd-""p"d (1019/03) 17 \'5.3+
_u_------
the exposure for repair employees within the immediate vicinity of the emissions.
Nearest homes are far from the dealerships, and prevailing daytime winds are
west to east away from existing homes. Existing dealerships closer to Chula Vista
residences have not been observed to create detectable fumes, dust, mists, or other
nuisance emissions. Any localized effects will be completely masked by
emissions from 150,000 vehicles per day on I-80S. No detectable air quality
impacts are anticipated from vehicle maintenance, cooking odor, gas station
evaporative emissions, or other project-related sources given both their substantial
buffer distance to sensitive receptors and prevailing meteorology.
Air Quality Planning Consistency
The proposed project will meet a need for automotive sales, service, and support
activities. The project would further consolidate trip-making to widely scattered
resources into one limited area. The air basin is currently in attainment for the
federal one-hour ozone standard (1999-2001). The RAQS/SIP predicts that the
rate of basinwide vehicular growth will continue to be more than offset by
vehicular exhaust emission reductions and other emission control programs. The
project will not create "new" travel for vehicle sales and service that would not
occur for the no-project alternative. Trip consolidation to a wider variety of
dealerships and associated uses will slightly reduce regional travel. The proposed
project is therefore consistent with the RAQS/SIP.
Although the proposed project would generate the most significant source of air
pQllution from project construction from dust generated during clearing,
excavation, and site preparation, implementation of appropriate mitigation
measures will reduce impacts to a level below significance. Additionally, the
Specific Plan shall incorporate standards and guidelines for energy conservation
as a means to maintain energy efficiency, further preserve natural resources, and
reduce impacts associated with exposure to air pollutants. Use of energy
conservation design that exceeds the minimum requirements by a reasonable
target will thus encourage the conservation of natural resources.
Biological Resources
Direct Impacts
The project site described in the Specific Plan is approximately 31 acres of
previously disturbed or developed land within a larger property ownership of
approximately 105 acres. The biological technical report focused on the impacts
resulting from the proposed Specific Plan.
Helix Environmental Planning, Inc. prepared an analysis in September of 2002
based on project modifications to reduce wetland impacts. This modification to
the project design reduced impacts to 30.48 acres within the project boundary and
0.12 acre offsite as indicated in the table below. Much of the project site has been
previously graded; however, proposed project impacts include additional
PI NCVI APEIR,"-MNDI'">uIO - =d-.",p"d (1019103) 18 1'5 Þ:35
disturbance associated with grading and clearing of a small amount of wetland
habitat along the northern extent of the Otay River Valley riparian corridor,
including southern willow scrub, mule fat scrub, riparian scrub, and tamarisk
(Figure 6). A Wetland Delineation was prepared by Helix Environmental
Planning, Inc. (September 2002) in order to address impacts to wetland resources.
Impacts to jurisdictional areas are indicated in the table below. As a result of the
redesign, which would minimize impacts to wetland habitat, impacts were
reduced from 1.34 acres to approximately 0.46 acre. However, impacts to these
sensitive wetland habitats would still be considered significant.
Project effects on federal Anny Corps of Engineers (ACOE) jurisdictional areas
within the subject property consist of approximately 0.46 acre of wetland.
Impacts to state California Department of Fish and Game (CDFG) jurisdictional
areas total 5.86 acres.
Pro;ect Im acts to Biolor!Ïcal Resources
Vegetation! Existing* Impacts Remaining*
Habitat Type Onsite Offsite
Southern Willow Scrub 4.84 0.06 -- 4.78
Freshwater Marsh 2.57 -- -- 2.57
Mule Fat Scrub 5.43 -- -- 5.43
Riparian Scrub 12.60 0.24 -- 12.36
Disturbed Rinarian Scrub 1.13 -- -- 1.13
Tamarisk Scrub 44.97 5.3 -- 39.67
Disturbed Tamarisk Scrub 0.40 -- -. 0.40
Disturbed Wetland 1.11 -- -- 1.11
Open Water/Streambed 0.05 -- -- 0.05
Diegan Coastal Sage Scrub
(Disturbed) 0.55 .- .- 0.55
Poison Oak Chaparral 1.18 -- -- 1.18
Disturbed Unland Habitat 28.82 23.58 0.12 5.24
Developed 1.52 1.30 -- 0.22
Total 105.17 30.48 0.12 74.69
* Acreage includes area outside of the Specific Plan that will be retained m open space.
Source: Biological Technical Report prepared by Helix Environmental Planning, Inc.
(September 6, 2002)
PI NCVI APEIRov.MND/ov,"" - rond-,"'p"d (10/9103) 19 ¡ '5 -3Ç,
Proposed Project Erects on Jurisdictional Areas *
Army Corps of California
Resource Department of
Engineers Fish And Game**
Riparian Scrub 0.18 0.50
Southern Willow Scrub 0.02 0.06
Tamarisk Scrub 0.26 5.30
Total Acres 0.46 5.86
*Values are given in acres.
**CDFG impacts may overlap ACOE areas.
Source: Jurisdictional Delineation for the Borst Property prepared by Helix
Environmental Planning, Inc. (September 6, 2002)
Multiple Species Conservation Program
The project will not impact Multiple Species Conservation Program (MSCP)
covered, or "narrow endemic" species. Because no narrow endemic plant species
have been observed within the proposed impact area, and based on the highly
disturbed nature of the proposed project area and biological surveys, MSCP
narrow endemic species would not be expected to be affected by the project
grading. No impacts to narrow endemics would occur.
The above tables summarize the impacts to the biological resources and
jurisdictional areas identified on the project site. Impacts to sensitive biological
resources are considered significant; therefore, mitigation will be required prior to
approval.
In accordance with the MSCP, the Wetlands Protection Program must be
implemented due to impacts to riparian habitat. As indicated in Section 5.2.4 of
the MSCP, development projects .which contain wetlands will be required to
demonstrate that impacts to wetlands have been avoided to the greatest extent
practicable. Although modifications have been made to the project design in
order to further reduce impacts, unavoidable impacts still remain. Therefore,
mitigation measures must be implemented in accordance with standard mitigation
ratios established in the MSCP (Table 5-6, Wetlands Mitigation Ratios) and
coordination must be made with the Wildlife Agencies.
A California Regional Water Quality Control Board Section 401 Certification
would also need to be obtained before any impacts to ACOE jurisdictional areas
(requiring a Section 404 pennit) occur. Impacts to CDFG jurisdictional areas
would require a Streambed/Lake Alternation Agreement pennit and are regulated
under Fish and Game Code Section 1603.
The proposed project will not interfere substantially with the movement of any
native resident or migratory fish or wildlife species or with established native
resident or migratory wildlife conidors or impede the use of native wildlife
nursery sites. No corridors will be adversely affected by the project.
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The proposed project will not conflict with any local policies or ordinances
protecting biological resources. The site is within the City Component of the City
of Chula Vista's Draft MSCP Subarea Plan (Chula Vista 2000), and a portion of
the development area is designated as a 75 to 100% conservation area as shown in
Figure 7. In addition, the site lies immediately to the north of the planned Otay
Valley Regional Park that stretches from Interstate 5 to the Otay Lakes along the
Otay River.
According to the City's Draft Multiple Species Conservation Plan (MSCP) map
(Figure 2 of the MSCP), the site is situated within a 75 to 100% Conservation
Area-Habitat Preserve. Approximately 91 acres of the property are located within
this Conservation Area (Figure 7). As defined by this plan, "75-100%
Conservation Areas consist primarily of smaller private landholdings located
within the planned Preserve. Development will be restricted to no more than 25%
of these areas, thus assuring a minimum conservation level of 75% of these
Preserve lands. Therefore, the project could impact up to 22.75 acres within the
75 to 100% Conservation Area.
The proposed project will develop approximately 14 acres outside of the MSCP
Preserve with an additional 17 acres within the area designated as 75 to 100%
Conservation Area. As described above, development would occur on primarily
disturbed habitat (23.58 acres onsite, 0.12 acre offsite), developed land
(1.3 acres), and tamarisk scrub (5.3 acres). The remaining development footprint
would result in direct impacts to southem willow scrub (0.06 acre), and riparian
scrub (0.5 acre). Approximately 74 of the existing 91 acres (81 %) within the
Conservation Area and roughly 90% of the mapped wetlands will be preserved.
Consequently, the proposed project exceeds the Draft MSCP minimum
preservation requirement of 75% for this portion of the site. Therefore, the
proposed project will not result in adverse impacts to resources within the
conservation area.
Indirect Impacts
Noise
The project is expected to generate a substantial amount of noise, particularly
during the construction phase, as large earth-moving equipment typically
generates noise ranging from 75 to 90 decibels (dB) at 50 feet from the source
(Giroux & Associates 2002). The noise level typically considered to be sensitive
by the USFWS and CDFG for least Bell's vireo (LBV) is 60 dB. Excessive noise
could easily harass nearby sensitive wildlife, such as LBV, to the extent that
important foraging, breeding, dispersal, or other necessary life history behaviors
are inhibited or otherwise fundamentally disrupted. Due to the confinned
presence of LBV on-site, and the proximity of the development to occupied
and/or potential habitat, indirect impacts related to construction/project-use noise
could be considered adverse and significant. The project will implement
P/ AJCV/ APElRov-MND/","to _mDd-",'1"'" (10/9/03) 23 15~39
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mitigation measures listed in Section E to reduce impacts to below a level of
significance.
Noise measurements taken at the habitat fringe closest to Parcel 2 of the proposed
project found peak one-hour noise levels at 56 decibels adjusted for average
conditions and at an equivalent noise level [dB(A) L"lL (Giroux and Associates
2003). This level is below the 60-dB(A) Leq standard applicable to vireo and
other avian species. Therefore, no significant adverse impacts to biological
resources will result from operational noise.
Human Encroachment
Although development within the project site will be less than 100 feet at some
locations from the adjacent wetlands and the site is at an elevation of
approximately 25 feet above the wetlands, there may be a potential for human
encroachment. Additionally, the project may harass native wildlife (particularly
sensitive avifauna) visually. Such encroachment may lead to the eviction of
native wildlife and could inhibit or disrupt the breeding of sensitive bird species
in the adjacent wetlands, such as LBV. Consequently, these impacts, if they were
to occur, would be adverse and significant, therefore, implementation of
mitigation measures listed in Section E will be required to reduce impacts below a
level of significance.
Lighting
The project would result in a substantial increase in ambient (artificial) lighting in
areas proximal to the wetlands. The incidental illumination of native habitats
(particularly at night) may harass native wildlife and sensitive bird species, such
as least Bell's vireo, to the extent that breeding, dispersal, or other necessary life
history behaviors are iIÙ1ibited or otherwise fundamentally disrupted. In addition,
such artificial lighting may benefit predaceous or otherwise deleterious pets/pest!
opportunistic species (e.g., cats, opossum, skunk, raccoon, etc.) by making native
wildlife more detectable/visible. Based on the proximity of the project to the
wetlands and the sensitivity of the species that may potentially be affected by
nighttime lighting (e.g., LBV), impacts would be adverse and significant
therefore, implementation of mitigation measures listed in Section E will be
required to reduce impacts below a level of significance. Lighting will be
oriented and shielded to reduce light intrusion into the riparian habitat. Night
lighting will also be reduced to the minimal required for site security.
Invasive Species
Plants. The project would encroach upon and closely border wetland habitats
associated with the Otay River. As such, project landscaping that used plant
material known to invade wetlands (e.g., California Brazilian pepper, eucalyptus,
etc.) could result in significant adverse impacts to surrounding wetland habitats.
PI AlCV I APEIRov.MNDlm"1o - =d.""p"d (10/9103) 25 \5~¿f1
Animals. The project would also include a gas station with a convenience store, a
fast-food facility, and a restaurant. These facilities are anticipated to generate
large amounts of trash and food refuse that are likely to attract a suite of terrestrial
and avian predators/scavengers, including household pets (cats/dogs) and urban
pest species (e.g., opossum, raccoon, skunk, Norway rats, crows, ravens, gulls,
starlings, etc.). These species may initially be attracted to the smell and presence
of site refuse; however, once onsite, they may wander into the adjacent wetlands
and prey upon or generally harass native wildlife, including sensitive species such
as LBV. Based on the proximity of the wetland habitats to the proposed
development and the sensitivity of the species that may be affected (i.e., LBV),
impacts related to the attraction of pest/scavenger species would be adverse and
significant. Implementation of mitigation measures listed in Section E will be
required to reduce impacts to below a level of significance.
Urban Runoffi'Water Quality Impacts
The project will result in a substantial increase in impervious surfaces onsite; this
would be expected to result in concomitant increases in. stonn water runoff
volumes and velocities. These changes to site drainage may then increase the
potential for erosion and sedimentation of the Otay River floodway and
downstream wetlands. In addition, because of the nature of the proposed
development, there is a high likelihood that this runoff will carry a variety of
nonpoint-source pollutants (particularly petrochemicals) into the Otay River and
thus contribute to the degradation of water quality onsite and off site. Because of
the type of development proposed (e.g., primarily automobile sales/servicing), the
proximity of the project footprint to wetland habitats and the Otay River, and the
potential for upsetting water quality onsite/offsite, impacts resulting from urban
runoff and nonpoint-source pollutants would be adverse and significant.
Implementation of mitigation measures listed in Section E will be required to
reduce impacts to below a level of significance.
Cultural Resources
Archaeology
Based on a review of the cultural resource investigation conducted within the
project vicinity (Brian Smith & Associates, 1987 and 1991), there are known
cultural resources in the project vicinity. These studies have indicated that Nati'.àe
Americans used the Otay Valley 2,000 to 6,000 years ago. The lack of projectile
points or other hunting tools suggests that the subsistence pattern of the occupants
of the valley was focused upon foraging. It is likely that they have utilized the
site in the past; however, based upon the current level of disturbance of the site,
which has been fiJled with imported materials and has been subject to past
disturbance from flooding, it is unlikely that naturally deposited cultural resources
can readily be identified. AdditionaJly, there is no evidence of any human
remains, induding those interred outside of fonnal cemeteries.
PINCYIAPEIROY-MND!,","to.mnd-""p"d (1019103) 26 \S.Ltd-.
- ~_...--_...__.__.-.__.-
A site visit conducted by City Staff in 2001 has noted that the imported fill
contains cultural resource materials (chione and pectin), thereby biasing any
fonnal field reconnaissance that would be conducted at this time. Although the
current plan proposes fill, there is a potential for excavation associated with
remedial grading or site preparation for utilities. Therefore, based upon the
potential presence of cultural resources, the impacts are identified as potentially
significant and require mitigation.
Paleontology
In review of the EIR prepared for the existing Chula Vista Auto Park (approved
November 1991), the project site is underlain by a sequence of marine and
nonmarine sedimentary rock fonnations that range in age from approximately
2 million years old to 45 million years old. A geotechnical investigation for the
site was conducted by Geotechnics Incorporated (1995) and detennined that the
site was underlain by the Otay Fonnation at a depth of approximately 10 feet from
the surface. No unique geologic features were identified on the site. Therefore,
the implementation of the project will not directly or indirectly destroy unique
geologic features.
The site has not undergone a paleontological investigation; however, the EIR for
the existing Auto Park identified the potential paleontological impacts for the
Auto Park site and adjacent properties. The previous Auto Park site was noted as
having a moderate resource potential. Furthermore, in a record search of the San
Diego Natural History Museum fossil collection, the fossil remains of various
mammals have been collected from Oligocene-age sandstones of the Otay
Fonnation exposed in eastern Chula Vista.
Although the plan currently proposes fill, there is a potential for excavation
associated with remedial grading or site preparation for utilities. Therefore, in the
event that there is an excavation, if the excavation reaches a depth exposing the
Otay Formation, exposure of paleontological resources is considered likely.
Because the geological fonnation that underlies the project has a moderate
probability of containing paleontological resources, mitigation must be
incorporated to reduce the level of impact to a level below significance.
Geology/Soils
The geology and subsurface conditions were evaluated, and a report was prepared
by Geotechnics Incorporated (Geotechnics) for the project site. Geotechnics
reviewed available documents pertinent to the site, conducted a surface
reconnaissance, and provided the results trom the excavation of 10 test pits. The
following summarizes the existing conditions of the project area and assessed
potential impacts.
PI AlCVI APEIR,v.MNDlo",to _rund.""p". (1 OI'IOJ) 27 15 -L-f. ~
Soil and Geologic Conditions
Geotechnics indicated that the area to be graded on the project site is underlain by
terrace deposits, with a surficial topsoil horizon. In addition, imported soil
stockpiles were present in several areas of the site. The units and groundwater
conditions are detailed below.
Terrace Deposit
A Quaternary terrace deposit underlies the entire area ofthe project site. This unit
typically consists of dark brown sandy clay, grading with depth to a medium
brown silty fine sand with slight clay and gravel. These soils are typically damp,
and range from finD to very stiff/medium dense with depth. Terrace deposits
were encountered to the maximum explored depth of 11 feet. The upper 2 to
4 feet of the terrace deposit have been disturbed by agricultural uses, are
potentially compressible, and are not considered suitable for the support of
compacted fill or structural loads. Below 2 to 4 feet, the terrace deposit increases
in density and is considered suitable for the support of compacted fill and
structural loads. The clayey terrace deposit materials are expected to possess a
high potential for expansion.
Alluvium
Alluvium is present in the Otay River Valley floor. This unit is not expected to be
encountered during the proposed grading.
Topsoil
Parts of the site are mantled by 1 to 4 feet of dark brown topsoil which grades into
the underlying terrace deposit. The topsoil consists of sandy clay, and is
generally I to 4 feet thick. This unit was observed to be dry and soft to finD.
Topsoil is potentially compressible and is not considered suitable for the support
of compacted fill or structural loads. The topsoil is considered suitable for use as
compacted fill, once deleterious amounts of organic material or debris have been
removed. This material is expected to have a high potential for expansion.
Undocumented Fill
The undocumented fill is associated with the stockpiling of imported materials.
Stockpiled fill soils were observed in several areas during the field exploration.
The imported fill stockpiles were observed to consist of a variety of materials,
ranging from silty fine sand with gravel, to sandy clay with cobbles. The fill
stockpiles observed on site ranged from approximately 2 to 8 feet in depth.
Stockpiled fill soils have not been compacted, and are not considered suitable for
the support of compacted fill or structural loads. The stockpiled soils observed on
site are expected to possess expansion potentials ranging from very low to high.
I
PIAICVI APEiR,,-MNDlmulo - =d-"",,"d (1 OloIOJ) 28 \S.4-~
Groundwater
The area of proposed development is located on a terrace adjacent to the Otay
River, at elevations approximately 10 to 25 feet above the riverbed. Groundwater
was not encountered in the exploratory test pits. Changes in rainfall, irrigation, or
site drainage could produce seepage or locally perched groundwater conditions
within the soil underlying the site, according to the Geotechnics report.
Geotechnics concluded that the presence of compressible surficial soil to a depth
of 2 to 4 feet over the entire site, as well as compressible fill stockpiles up to
8 feet deep, were conditions which have the greatest effect on the proposed
development. Compressible surficial and stockpiled soil shall be removed and
recompacted prior to placing fill or structural loads. The site is underlain at depth
by relatively dense terrace deposit soils which provide support for conventional
shallow foundations or the relatively shallow depths of proposed compacted fill.
Geologic Hazards
The site is not delineated on the Alquist-Priolo Earthquake Fault Zoning Map
issued by the State Geologist for the area. There are no known active or
potentially active faults at the site or in the immediate vicinity. The Rose Canyon
fault, located approximately 6 miles northwest of the site, is the closest known
active fault. There is no evidence that geologic fonnations have been offset
within the past 11,000 years, and faulting is not considered to be a hazard to
development, provided development is in confonnance with requirements of the
governing jurisdiction, building codes, and standard practices of the Association
of Structural Engineers of California.
Although no known active faults were identified through or within the vicinity of
the project site, there still exists the potential for ground shaking to occur in the
event of an earthquake. Impacts associated with ground shaking are considered
significant. Therefore, by designing structures to comply with the requirements
of the governing jurisdictions, building codes, and standard practices of the
Association of Structural Engineers of California, potentially significant ground
shaking impacts will be reduced to below a significant level.
The property has been graded and stockpiling has occurred onsite. Due to the
nature of the existing topsoil and terrace deposits and the lack of a shallow
groundwater table, liquefaction could occur. Liquefaction is a phenomenon
where loose saturated and relatively cohesionless soil deposits lose shear strength
during strong ground motions. Primary factors controlling the development of
liquefaction include intensity and duration of ground accelerations, gradation
characteristics of the subsurface soils, in situ stress conditions, and depth to
groundwater.
The property site is on a flat, previously cleared area that is not susceptible to
landslides. There are no steep slopes on site, and prior to development, the site
PI NCVI APElRev-MNDlmuto _mnd-""1'Iod (J 0/9103) 29 \ s. Lf~
will be graded and leveled. Therefore, the potential for landslides to occur after
development is not significant.
However, development of the site may result in substantial soil erosion or the loss
of topsoil. The project site has been previously cleared and the City requires, as
standard conditions of construction, the employment of erosion control measures
during construction and the prompt stabilization of disturbed areas before
construction is completed.
The project would expose people or structures to substantial adverse effects
resulting from substantial soil erosion, potential groundshaking, and liquefaction;
however, based on the findings of the geotechnical report, no unmitigable impacts
were identified.
Hazards/Hazardous Materials
The proposed project is the adoption and implementation of the Chula Vista Auto
Park East Specific Plan, which will allow the construction of new car dealerships,
including a showroom, office, service station for the car dealerships, and parts
department. The Specific Plan will also include one of each of the following:
fast-food facility, gas station with convenience store, car wash, and restaurant.
Any use that might involve the routine transport, use, or disposal of hazardous
materials will be subject to local and state regulations regarding such uses.
Businesses that handle, use, or dispose of hazardous substances are subject to
review and approval from the County of San Diego Health Department,
Hazardous Materials Management Division, Air Pollution Control District, and/or
Regional Water Quality Control Board (RWQCB) [National Pollutant Discharge
Elimination System (NPDES) General Industrial PennitJ prior to operation.
The site is not located within 0.25 mile of an existing or proposed school;
therefore, the project will not create hazardous emissions or cause handling of
hazardous or acutely hazardous materials, substances, or waste within proximity
to an existing or proposed school. Brown Field Airport is a public use airport
located approximately 8 miles southeast of the project site. There is no
designated airport land use plan for this area, nor is the site located within 2 miles
of any other public airport or private airstrip.
L.D. Romine and Associates (LDR) performed a Phase 1 environmental site
assessment for the proposed project site and identified the proposed project to be
located on a site that is included on a list compiled pursuant to Government Code
Section 65962.5. The assessment revealed Recognized Environmental Conditions
(RECs) in connection with the project, as follows:
. LDR reviewed a report prepared by IT Corporation for Otay Mesa
Ventures I, LLC entitled WORK PLAN FOR ADDITIONAL SITE
ASSESSMENT, FORMER OMAR RENDERING SITE (Work Plan).
This report indicated that groundwater at the site had been impacted from
PI NCV I APEIR,".MNDb,uto - =d.""p"d (10/9103) 30 15~Lf1
leaking settlement ponds previously located on the Omar Rendering
facility property located north and up-gradient from the site. This work
plan continues the work begun by Darling International to obtain a
contaimnent zone (CZ) designation for the impacted groundwater at the
Omar Rendering site, Otay Valley Industrial Park, and the site. While the
site groundwater has been impacted, no further action on the part of the
property owners is recommended, as the responsible party has been
identified and they are working with the RWQCB to mitigate these
impacts.
. The site is covered with imported fill, except for the south side of the site,
which will be filled north of the Otay River (outside of the floodplain).
The fill contractor has placed approximately 200,000 cubic yards of fill at
the site during the last four years. All imported soils were visually
screened for petroleum hydrocarbons and debris. However, as of the date
of this report, LDR has received no laboratory test data for these imported
soils. Random sampling and testing for hazardous materials of the
existing fill shall be conducted. This sampling and testing event will
occur subsequent to grading operations.
. Subsequent to past and current fill activities conducted at the site, it
appears unlikely that residual concentrations of organochlorine pesticides
would be detectable in current near-surface soils at the site.
Businesses that use, store, or transport hazardous materials must receive pennits
prior to occupancy. Depending on the use, this will include approval from the
Fire Department - Hazardous Materials Management Division, County of San
Diego Health Department - Hazardous Materials Management Division for Plan
Review, and/or San Diego County Air Pollution Control District. Each of these
approvals require that the pennittee adheres to standards established for safe
handling, storage, and transport. Therefore, with the adherence to these measures,
no significant impacts would occur.
The project will not physically interfere with an adopted emergency response plan
or emergency evacuation plan established by the City. Furthermore, the site is
surrounded by existing or approved future development. There are no wildlands
adjacent to urbanized areas of residents intennixed with wildlands; therefore,
implementation of the project will not expose people or structures to a significant
risk of loss, injury, or death involving wildland fires or other natural disasters.
Hydrology and Water Quality
Water Quality
Runoff flowing from impervious surfaces typically contains pollutants, such as
oils, fuel residues, and heavy metals, which would diminish water quality in
downstream water. Runoff from proposed development of the site will be
PIAlCV/APElRov.MND/ov,"to_mnd.""pt'd (10/'/0]) 31 15.4g
- ------------------------
controlled and subject to NPDES pennitting. Site-specific measures must be
implemented to reduce impacts to below a level of significance. Project
compliance with all federal, state, and local water quality standards and waste
discharge requirements must be demonstrated prior to receiving building and
occupancy pennits.
According to the NPDES Municipal Pennit, Order No. 2001-01, automotive
dealerships are considered priority development projects, and are subject to the
requirements of the Standard Urban Stonn Water Mitigation Plans (SUSMPs) and
Numeric Sizing Criteria.
The City requires, as standard conditions of construction, the employment of
erosion control measures during construction and the prompt stabilization of
disturbed areas before construction is completed. This will reduce potential
erosion impacts to below a significant level.
For the management of stonn water, municipalities in the San Diego region,
including the City of Chula Vista, must comply with the RWQCB's NPDES
Pennit No. CA 0108758. The NPDES pennit consists of wastewater discharge
requirements for stonn water and urban runoff. Specifically, the applicant is
required to implement postconstruction Best Management Practices (BMPs) to
prevent pollution of stonn drainage systems from the gas station, car wash,
restaurants, parking lots, and trash collection areas. In compliance with Pennit
No. CAS 0108758, a BMP program for stonn water pollution control shall be
created.
The project must comply with existing NPDES pennit requirements. Such
compliance would reduce impacts to a less than significant level. The
development of this site will not substantially degrade water quality. Impacts
associated with development are, therefore, less than significant.
The project pad will include the construction of nine private stonn drains, which
will concentrate runoff through onsite cleaners and flow regulators, will
eventually flow into the Otay River floodplain (Figures 4 and 5). One municipal
stonn drain pipe located at the western portion of the property will tenninate at
the southern edge of the development adjacent to the wetlands. Flows into this
stonn drain are from off-site municipal infrastructure, and the project site does not
contribute to flows into this drain. Site reconnaissance of the stonn drain will be
conducted a few times a year to ensure that facilities are not damaged by
vandalism or natural effects. Requirements for maintenance and any
improvements to this access road shall be established by the City Public Works
Operations Department. An unpaved access road will be provided to this outlet to
allow maintenance to the municipal stonn drain.
PI NCV I APEIR".MND/",",o - rond.""p"d (I DI9ID') 32 /5-'11
Hydrology
The proposed project will potentially have adverse effects on drainage patterns or
the rate and amount of runoff. The project site consists of approximately
31 acres, of which approximately 30 acres have been disturbed or developed. The
construction of the project would result in the creation of impervious surfaces,
resulting in an increase in volumes of the runoff. Prior to project approval, a
drainage study must be prepared to detain and direct the site's runoff in
accordance with City specifications. Additionally, the project must ensure that no
runoffwill impact the quality of the adjacent Otay River or surrounding land uses.
The following will be required with the first submittal of the improvement!
grading plans: (1) a hydraulic study to show that the postdevelopment flow rate
does not exceed the predevelopment flow rate and (2) incorporation of drainage
facilities into the design.
The mass grading associated with development will follow existing drainage
patterns north to south, with the surface runoff flowing to desiltation basins.
Desiltation basins will be incorporated as ternporary basins until ultimate buildout
of the site. Drainage areas will be established such that each future lot will be a
separate basin or subbasin, spaced at intervals to avoid large concentrations of
runoff discharge at the toe of slope.
Other Issues
The proposed project will not use groundwater or substantially interfere with
groundwater recharge. Water for the project would be provided by the Otay
Water District.
Although portions of the site are located within a 100-year floodplain area, the
proposed project does not include housing; therefore, no impacts to residential
development will occur. Because the proposed development is at an elevation of
approximately 25 feet above the Otay River Valley, no structures will be exposed
to severe flood events. The proposed project is not located downstream from a
dam and does not propose construction of a levee or dam; therefore, the project
will not expose people or structures to a significant risk of loss, injury, or death.
The distance between the subject site and the coast precludes damage due to
seismically induced waves (tsunamis) or seiches. Although the project site is
located adjacent to the Otay River, the portion of the site to be developed is above
the river and the lack oflakes and large bodies of water in the project area reduces
the probability for earthquake-induced flooding to negligible. Therefore, the
project will not experience inundation by seiche, tsunami, or mudflow.
Noise
Based on a Noise Impact Analysis prepared by Giroux & Associates (2003), the
following impacts were detennined:
PI AJCV I APEIR,,-MNDlmuto -",nd-""."d (I OI'IOJ) 33 15-5'0
..------...- ----------- ----.----------.
. Construction activities, especially heavy equipment, will create short-tenD
noise increases near the project site.
. Upon completion, vehicular traffic on streets around the development area
will expose Chula Vista residents to higher noise levels than currently
experienced. Off site traffic noise impacts will be masked by an already
elevated baseline, such that off site impacts will tend to be more
cumulative in nature.
. Onsite activities will be locally "noisy", but these activities are typically
perceived to be less intrusive than vehicular sources, because they are
confined to the project site with limited noise sensitivity.
Construction Noise Impacts
Temporary construction noise impacts will vary markedly as a function of the
equipment used and its activity level. Short-tenD construction noise impacts tend
to occur in discrete phases dominated initially by large earth-moving sources, then
by foundation and parking lot construction, and finally for finish construction.
Large earth-moving sources are the noisiest, with equipment noise typically
ranging from 75 to 90 dB(A) at 50 feet from the source. Point sources of noise
emissions are atmospherically attenuated by a factor of 6 dB per doubling of
distance. The quieter noise sources will, thus, drop to a 65-dB exterior/45-dB
interior noise level by about 200 feet from the source, while the loudest will
require over 1,000 feet from the source to reduce the >90-dB(A) source strength
to a generally acceptable 65-dB(A) exterior exposure level.
The proximity of adjacent Main Street, with its associated background noise, will
somewhat screen temporary construction activity impacts such that the actual
noise impact "envelope" will be smaller than its theoretical maxImum.
Construction noise sources are not strictly relatable to a community noise
standard, because they occur only during selected times, and the source strength
varies sharply with time. The penalty associated with noise disturbance during
quiet hours and the nuisance factor accompanying such disturbance usually leads
to time limits on construction activities imposed as conditions on construction and
use pennits. Weekday hours during periods ofIeast noise sensitivity are typically
the allowed times for construction activities, if there are occupied dwellings
within a reasonable exposure zone surrounding the construction site. The City of
Chula Vista establishes limits on construction hours, with no construction taking
place "between the hours of 7:00 PM and 7:00 AM on weekdays". Construction
activities will constitute a temporary noise emission adding to existing roadway
noise sources in the project vicinity. Because the impact is temporary and masked
to some extent by existing areawide noise generation, it is not significant.
Materials handling and small stationary noise sources have lower initial noise
levels, and their corresponding noise impact zones during later phases of
construction are, therefore, much smaller. Pieces of equipment are also often
PI AlCVI APEIR"-MNDI,~u,,, _"",d-""p"d (1019/03) 34 IS,5/
smaller (compressors, generators, etc.), such that they lend themselves to
placement in areas where existing structures or larger pieces of equipment will
screen a portion of the noise transmission.
Biological Resources
Construction noise could adversely impact noise-sensitive bird species, i.e., least
Bell's vireos (LBVs) found within the riparian habitat south of the project site,
during their nestinglbreeding seasons. The noise level typically considered as a
threshold for songbirds by the USFWS is 60 dB Leq. However, excessive noise
could easily harass nearby sensitive wildlife, such as LBV, to the extent that
important foraging, breeding, dispersal, or other necessary life history behaviors
are inhibited or otherwise fundamentally disrupted. Due to the confinned
presence ofLBV onsite, and the proximity of the development to occupied and/or
potential habitat, indirect impacts related to construction/project-use noise could
be considered adverse and significant. The project will implement mitigation
measures listed in Section E to reduce impacts to below a level of significance.
Noise modeling associated with future operations was conducted at the habitat
fringe closest to Parcel 2 of the proposed project and found peak one-hour noise
levels at 56 dB(A) Leq (Giroux and Associates 2003). This level is below the
60-dB(A) Leq standard applicable to vireos and other avian species. Therefore, no
significant adverse impacts will result from operational noise.
Vehicular Noise Impacts
Changes in vehicular noise patterns were calculated using the FHW A Highway
Traffic Noise Model (FHWA-RD-77-108, CALVENO-85 modified). The model
calculates the Leq noise level for a particular reference set of input conditions, and
then makes a series of adjustments for site-specific traffic volumes, distances,
speeds, or noise barriers. The project traffic study shows that future uses will
generate 23,170 daily trips for the proposed site. Any regional noise changes
from site traffic-related noise will be superimposed upon the baseline, which
forecasts 50,000 Average Daily Trips (ADT) or more on Main Street. Because
noise is proportional to the logarithm of traffic volumes, the impact of
23,000 trips upon a 50,000-trip baseline is quite small.
Project-related traffic noise impacts were calculated for existing traffic, with the
project, with cumulative growth, and for areawide buildout. Traffic noise levels
at 100 feet from the centerline of surrounding roadways near the proposed project
site were analyzed. All along Main Street, the maximum project-related noise
impact is 3.3 dB. The maximum traffic noise impact is 3.1 dB along Brandywine.
Although there are no absolute standards of noise impact significance, an increase
of 3 dB or more is perceived by most human receivers as a substantial degradation
in the areawide noise environment. The 3-dB threshold is exceeded along both
Main Street and along Brandywine Avenue. However, there are no noise-
sensitive land uses in proximity to those areas where traffic noise will be
PIAlCV/APElR".MND/mulo_"",d.""pt<d (1019/03) 35 15-5~
.- .......... . .-.-. . --..----.-----
substantially increased. Residential development is located to the north and south
of the project site; however, commercial/industrial uses separate Main Street from
the residential development to the north, and the Otay River Valley extends along
the southern boundary, creating a separation between the traffic noise and
residential to the south.
Cumulatively, however, increased traffic will interact with projected increases
throughout the area. The southeastern Chula Vista area is substantially
undeveloped and will experience additional traffic increases from the
intensification of unutilized lands. "Buildout" noise exposure, including currently
anticipated cumulative traffic growth, is significantly different from the
"Existing" condition at all locations east ofI-805. There are anticipated increases
of 3.4 to 6.5 dB Community Noise Equivalent Level (CNEL) from existing
conditions. However, except north of Main Street between Oleander and I-80S,
all uses close to Main Street are not considered noise sensitive receptors (i.e.,
residences, schools, hospitals). The residences facing Main Street also partially
face the freeway, so arterial noise increases will be masked by the elevated
freeway background. Although arterial traffic will cause the +3 dB threshold of
potential impact significance to be exceeded, there are no sensitive receivers
where such a cumulative increase would be a clearly perceptible change in the
noise environment. Traffic noise levels are considered environmentally adverse,
but less than significant, because of the absence of noise-sensitive uses within the
noise impact zone.
Onsite Activity Noise
Dealerships will generate noise from automotive service and repair facilities.
Public address systems can also be a perceived nuisance where they are clearly
audible to offsite receivers. Service and repair will be conducted in proximity to
the adjacent riparian habitat. As with existing dealerships, service and repair are
recommended to be perfonned within a service area that is separated from the
riparian area by a solid barrier. No outside vehicle maintenance or repair shall be
perfonned with a direct line of site to the habitat.
To preclude any loudspeaker noise audibility, personal paging devices will be
used by all employees instead of public address systems. Although there is a
large-distance buffer to the closest homes, the sudden noise of a loudspeaker
would periodically frighten wildlife in the adjacent habitat. Use of employee
personal communication devices ("beepers") would preclude such impacts.
Tran spo rtation/Circulation
Linscott, Law & Greenspan (LLG 2003) prepared a traffic impact analysis for the
proposed Auto Park expansion. Modifications were made to the project design
therefore an updated analysis was prepared in July 2003 addressing access to the
site. The traffic analysis estimated the proposed project will generate
23,170 ADT, with 850 inbound/650 outbound trips during the AM peak hour and
P/ AlCV / APEJR,,-MND/,~"to _"",d-m'p"d (10/9103) 36 IS-S~
814 inboundJ944 outbound trips during the PM peak hour at the proposed
driveways.
Seven intersections along Main Street within the project area were analyzed by
LLG to determine the potential impacts of the project.
These intersections are either signalized or unsignalized, as denoted with either a
(s) or (u), respectively.
. Main Street/I-805 Southbound Ramps (s)
. Main Street/I-80S Northbound Ramps (s)
. Main Street/Oleander Avenue (s)
. Main Street/Brandywine Avenue (s)
. Main Street/Roma Court (u)
. Main StreetlMaxwell Road (u)
. Main Street/Nirvana Avenue (s)
Table Tl shows the project traffic generation for the seven project intersections
described above. This table shows the primary/pass-by traffic generation
percentages for the applicable land-uses.
Existing Operations
Table T2 shows that all signalized intersections in the project area are calculated
to currently operate at a Level of Service (LOS) D or better during the AM and
PM peak hours. The Main Street/Roma Court intersection is constructed, but
does not currently carry traffic.
Table T2 shows that minor-street left-turn movements at the Main StreetIMaxwell
Road unsignalized intersection are currently calculated at LOS D or better during
both the AM and PM peak hours. It should be noted that the intersection was
recently signalized.
Main Street is classified as a Six-Lane Prime Arterial. To ensure consistency with
the City's Circulation Element, "should a property have frontage only on the
prime arterial facility, driveway access limited only to right turns in and right
turns out will be pennitted at locations deemed appropriate by the City Engineer.
These access driveways may require additional roadway width to provide for
acceleration and deceleration lanes." Therefore, the applicant will be required to
dedicate right-of-way (R/W) along project frontage to Main Street to
accommodate Prime Arterial standards.
Existing + Project Operations
Table T2 shows that the signalized intersections continue to operate at LOS D or
better with the addition of project traffic.
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Table T2
Si nalized IntersectIOn OperatIOns
Level of Service
Peak Existing + Buildout
Intersection Hour Existing Existing + Project + Year 2020 +
Project Cumulative
Projects Project
Main Street/I-80S AM C C C D*
Southbound Ramps PM D D D*
D
Main Street/I-80S AM C C C B
Northbound Ramps PM C D D D
Main Street/ AM B B B B
Oleander Avenue PM A A B D
Main Street/ AM C C C D
Brandywine Avenue PM C C C D
Main Street! AM Does not B C B
Roma Court PM Exist A C D
Main Street! AM Unsignalized C C C
Maxwell Road PM C C C
Main Street! AM B B B B
Nirvana Avenue PM C C C C
Delay is measured in seconds. Delav LO
Shading indicates significant cumulative impact. 0.0 < 10.0 A
1 LOS and delay with mitigations. 10.1 to 20.0 B
* LOS with second westbound left-turn lane; LOS E is 20.1 to 35.0 C
calculated without additionallane. 35.1 to 55.0 D
55.1 to 80.0 E
> 80.0 F
It should be noted that the Main Street/Roma Court and Main Street/Maxwell
Road intersections are both calculated to operate at LOS C or better with traffic
signals during the AM/PM peak hours. The intersection geometry assumed in the
analysis is described under "Project Access".
Existing + Project + Cumulative Projects Operations
The Auto Park North project is located across from the proposed project on the
north side of Main Street. This project proposes to construct approximately
99,650 to 130,000 SF of dealer showrooms and ancillary automobile support
buildings ranging from approximately 8,250 SF to 93,450 SF. A corporation yard
for municipal transit vehicles is also proposed. Tills project is calculated to
generate 8,294 ADT with 365 inboundl124 outbound trips during the AM peak
hour and 270 inboundl458 outbound trips during the PM peak hour. LLG
conducted a traffic study for this project in December of 2002. An additional 5%
P/ NCVI APEIRov.MND/",uIO - =d""'p"d (10/9/03) 39 15-S~
growth factor over existing traffic was added to the peak hour through movements
along the Main Street conidor to account for additional development in the near
future.
Table T2 shows that all of the signalized intersections continue to operate at
LOS D or better during the AM and PM peak hours with the addition of
cumulative project traffic with the exception of the Main Street/I-805 southbound
ramps intersection, which is calculated to degrade to LOS E during the PM peak
hour.
Buildout Traffic Conditions
Table T2 shows a summary of the buildout intersection operations in the project
area. This table shows that all intersections are calculated to operate at LOS D or
better in the future condition. It was assumed that the Main Street/I-80S
southbound ramps would be improved with dual westbound-to-southbound left-
turn lanes since this is a cumulative mitigation. LOS E is calculated without the
incorporation of mitigation.
A summary of the buildout daily street segment operations with project traffic
volumes is shown in Table T2. This table shows that Main Street east of I-80S is
calculated to operate at LOS D or better with Prime Arterial classification. The
Main Street segment west of I-80S and the Brandywine Avenue segment are
calculated to operate at LOS C and LOS A, respectively. No impacts to daily
street segment operation will result from buildout traffic conditions.
Congestion Management Program Compliance
The Congestion Management Program (CMP) was adopted on November 22,
1991, and is intended to directly link land use, transportation and air quality
through Level of Service performance. Local agencies are required by statute to
confonn to the CMP. The CMP requires an Enhanced CEQA Review for all large
projects that are expected to generate more than 2,400 ADT or more than
200 peak hour trips. Since the project is calculated to generate both over
2,400 ADT and 200 peak hour trips, this level of review is required of this
proposed project.
In 1993, the Institute of Transportation Engineers California Border Section and
the San Diego Region Traffic Engineers Council established a set of guidelines to
be used in the preparation of traffic impact studies that are subject to the
Enhanced CEQA review process. This published document, which is titled 1993
Guidelines for Congestion Management Program Transportation Impact Reports
for the San Diego Region, requires that a project study area be established as
follows:
. All streets and intersections on regionally significant arterials where the
project will add 50 or more peak hour trips in either direction.
PI NCV I APEIR".MNDlmuto _mnd.""p"d (1019103) 40 15~57
. Mainline freeway locations where the project will add 150 or more peak
hour trips in either direction.
Per these guidelines, the following regionally significant arterial and freeway
segments were analyzed to satisfy the CMP:
. Main Street from I-80S to Nirvana Avenue
. I-80S North of Main Street
. I-80S South of Main Street
The CMP LOS standard for regionally significant arterials is LOS D; LOS E is
the general standard for freeway segments.
Table T3 shows a summary of the arterial operations. This table shows that the
Main Street arterial is calculated to operate at LOS D or better in both directions
during the AMlPM peak hours with both project and cumulative project traffic
volumes. No significant project or cumulative project impacts were calculated.
Table T3
Peak Hour Arterial Analvsis for Main Street
Level of Service
Existing +
Segment Peak Hour Existing Existing + Project +
Project Cumulative
Project
Eastbound AM B C D
PM B D D
Westbound AM D D D
PM D D D
Table T4 shows a summary of the freeway operations. The freeway segments
both north and south of Main Street are calculated to operate at acceptable Levels
of Service for all scenarios. No project or cumulative project impacts are
calculated.
Project Access
The proposed project would construct an eastward extension of Auto Park Drive
along the southern boundary of the project and tenninate at Maxwell Road east of
the project. The extended Auto Park Drive will include improved intersections at
Roma Court and at Maxwell Road. Access would then be provided at the
following points from west to east:
. Brandywine Avenue (south leg),
. Auto Park Court (west ofDelniso Court),
P/NCV/APElRov-MND/,~uto_rnnd-""p"d (1019/0') 41 \ S -5 ¡?
----------~-~--_u_--- u_---------
Table T4
Freeway Seflment Summary for I-805
Level of Service
Freeway Peak Existing +
Segment Direction Hour Existing Existing + Project +
Project Cumulative
Proiects
North of Northbound AM B B B
Main Street PM B B B
Southbound AM B B B
PM C C C
South of Northbound AM A A A
Main Street PM A A A
Southbound AM A A A
PM A A A
. Roma Court (south leg of the relocated Roma Court),
. Auto Parkway (approximately midway between Roma Court and Maxwell
Road), and
. Auto Park Drive (south leg of Maxwell Road).
Figure 8 shows the project access driveways and depicts the total project trips at
the access points on Main Street and Auto Park Drive.
Access to the project site was divided among the five points, based on a tentative
lot layout. Roma Court currently exists, but is closed to traffic. It is currently
unsignalized at Main Street, but should be signalized as part of the project. A
westbound left-lurn lane from Main Street to the project site currently exists at
Roma Court.
Maxwell Road is an unclassified three-lane roadway (two lanes northbound/one
lane southbound) north of Main Street that services several industrial parks and, at
its tenninus, a landfill. There is a prominent truck presence on Maxwell Road due
to these land uses. The Main Street/Maxwell Road intersection is calculated to
operate at LOS C or better with traffic signals during the AMlPM peak hours.
However, because Maxwell Road will provide the fourth project access to Main
Street, this intersection, as with all project access routes, will experience the
additional traffic, but the net increase of traffic to the street system will continue
to operate at an acceptable level of service.
An amendment was prepared by LLG addressing access to the site. Based upon
this analysis, dedicated eastbound right-lurn lanes should be provided at the
following locations along Main Street (LLG 2003):
PI NCVI APElRov-MND/ov,"to - =d-""pt<d (1 0/9/OJ) 42 I S' -59
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. Auto Park Court
. Roma Court
. Auto Parkway
. Auto Park Drive (south side of Maxwell Road)
A dedicated right-turn lane already exists at Brandywine Avenue. These
dedicated right-turn lanes should be a minimum of 200 feet long with a 90-foot
transition, if possible. The longer storage length will provide extra storage and
more length for vehicles to decelerate within the turn lane and not within the
through lanes on Main Street.
A length of 250 feet with a 90-foot transition should be provided at all westbound
left-turn lanes at the following signalized intersections:
. Main Street/Brandywine Avenue
. Main Street/Roma Court
. Main Street/Maxwell Road
The relatively long storage lengths have been recommended since Main Street is a
six-lane facility with a posted speed limit of 50 MPH.
Significant safety and queuing impacts will occur at the project driveways if
improvements are not made to the project access points. Significant access-
related impacts will occur; however, these impacts are mitigable with
- implementation of certain improvements described below.
The proposed project is not located in or near an air traffic corridor and will not
adversely affect the safety of flight patterns. The proposed project has no
hazardous design features. Each of the proposed facilities will gain access from
Auto Park Drive, a frontage road south of Main Street, which will be extended
from Phase One of the Auto Park. The extended Auto Park Drive will include
improved intersections at Roma Court and Maxwell Road and will tenninate at
the Maxwell Road intersection.
Emergency access to the project site will be incorporated into the proposed
development; therefore, implementation of the project will not result in
inadequate emergency access.
At this time, proposed parking has not been detennined; however, prior to project
approval the appropriate amount of parking will be incorporated in the project
design in accordance with City's standards and requirements.
Furthennore, the proposed project does not conflict with adopted policies, plans,
or programs supporting alternative transportation.
P/NCV/APEIR".MND/","to_mnd.""pt<d (IOI9/0J) 44 /5-6/
- -------------------------------- -- -----...---------
E. Miti!!ation
Based on the analysis prepared by resource specialists and the results from the
Environmental Checklist, effects to the above resources would be mitigated by the
measures incorporated into the project. Therefore, a preparation of an
environmental impact report will not be required. This Mitigated Negative
Declaration has been prepared in accordance with Section 15070 of the State
CEQA Guidelines and the City of Chuta Vista Environmental Review Procedures.
The following measures shaIl be placed as conditions on the Grading Pennit
unless otherwise specified.
Air Quality Mitigation
. Use low-pollutant-emitting construction equipment.
. Use electrical construction equipment as detennined by the City Engineer.
. Use catalytic reduction for gasoline-powered equipment.
. Use injection timing retard for diesel-powered equipment.
. Water the construction area twice daily to minimize fugitive dust.
. Stabilize (for example, hydroseed) graded areas as quickly as possible to
minimize fugitive dust.
. Pave pennanent roads as quickly as possible to minimize dust.
. Use electricity from power poles instead of temporary generators during
building construction.
. Implement track-out control as foIlows:
a. Apply chemical stabilizer or pave the last 100 feet of internal travel
path within a construction site prior to public road entry.
b. InstaIl wheel washers adjacent to a paved apron prior to vehicle entry
on public roads.
c. Remove any visible track-out into traveled public streets within
30 minutes of occurrence.
d. Wet wash the construction access point at the end of each workday if
any vehicle travel on unpaved surfaces has occurred.
e. Provide sufficient perimeter erosion control to prevent washout of silty
material onto public roads.
1'/ NCV/ APEIR<v-MND/","to - mnd-.",p~d (10/9/03) 45 I 5 -(é.~
. Cover haul trucks or maintain at least 12 inches of freeboard to reduce
blowoff during hauling.
. Suspend all soil disturbance and travel on lll1paved surfaces if winds
exceed 25 MPH.
Biological Resources Mitigation
Mitigation for Direct Impacts
Wetlands
The project was redesigned to substantially reduce direct impacts to wetlands;
however, because unavoidable wetland impacts will occur, mitigation will be
required. A habitat restoration program shall be required that will include a
minimum of 1:1 habitat creation for all impacts to jurisdictional waters and
wetlands (USACOE and CDFG). In addition, impacts to riparian scrub and
southern willow scrub shall be mitigated through creation, enhancement, or
restoration for a total mitigation ratio as shown in the table below. The
restoration plan will be prepared (by the applicant) to the satisfaction of the City.
Additionally, prior to issuance of a grading pennit, the applicant shall show
evidence of receiving RWQCB 401 Certification, USACOE 404 Pennit, and
CDFG 1603 Agreement.
Com oensatorv Miti!!ation
Project Mitigation Mitigation
Wetlands Effects
(Acre) Ratio (Acres)
Riparian Scrub' 0.18 3:1 0.54
Southern Willow Scrub 0.02 3:1 0.06
Tamarisk Scrub' 0.26 2:1 0.52
Total 0.46 - 1.12 .
'Includes disturbed phases oftlris vegetation type.
Upland Habitat
There are no direct impacts to the sensitive upland habitats; therefore, there are no
mitigation measures required.
Sensitive Animals
No raptors (generally December through June) or other migratory species nests
(March through September) shall be disturbed in accordance with the Migratory
Bird Treaty Act. A buffer of a minimum 300 feet shall be established around any
raptor nest if occupied during construction activities to avoid indirect impacts.
The applicant shall retain a qualified biologist, experienced in construction
monitoring, to prevent inadvertent disturbance during construction.
PINCV/APEIR".MND/ovouto.=d.,mp"d (10/9/03) 46 IS~s,
Mitigationfor Indirect Impacts
Noise
Significant impacts related to construction noise will be avoided by limiting
construction work to outside of the LBV's typical breeding season (February 15
to A\lgust 15); this restriction would also avoid/minimize the possibility of
indirectly impacting any other potentially occurring sensitive riparian birds (such
as southwestern willow flycatcher) that may be utilizing/nesting in the adjacent
wetlands. According to the noise report for the project (Giroux & Associates
2002), "If construction is perfonned during the LBV nesting/breeding season, and
LBVs are found nesting within 500 feet of the nearest point of equipment
operations, a noise mitigation plan shall be submitted and approved by the City's
Environmental Review Coordinator. Such a plan shall identify the noise
mitigation measures to be utilized, and the protocols to be employed to monitor
noise protection compliance." Therefore, the applicant will also retain a
biological monitor to be present during construction activities affecting
jurisdictional areas during the nesting season. If any significant effect is observed
that further construction be conducted outside of the nesting season. Where noise
impacts cannot be completely avoided, a noise monitoring program shall be
developed in consultation with the USFWS and the CDFG.
In addition, the report states, "Dealership operations noise will be mitigated as
follows:
. All services and repair activities shall be conducted within the service
bays that are shielded from the adjacent riparian habitat.
. Outdoor loudspeakers will not be installed. All employee paging shall be
through personal communication devices."
Based on the dealership operations noise analysis provided by Giroux &
Associates, after incorporating the above mitigation measures, the estimated
operational noise level would be 50 dB at the habitat edge and 40 dB toward the
center of the wetlands. Both of these estimates fall below the 60-dB noise impact
threshold for LBV. Therefore, impacts associated with operational noise will be
reduced to below a level of significance.
Human Encroachment
To avoid significant impacts from human encroachment during the use of the
project, a barrier, such as a split-rail fence, shall be installed at the top of the
"keystone" masonry wall, between the entire length of the boundary between the
project and the wetlands.
To reduce visual impacts associated with the "keystone" masonry wall, the wall
would be screened with a barrier planting consisting of either noninvasive
material and/or native trees/shrubs. Landscape plans shall be reviewed and
P/ AlCV / APEIR,y.MND/moto - rond.""p"d (10/9/03) 47 /5 - ~i
approved by the City's Environmental Review Coordinator and project biologist
prior to installation and the plantings. The landscaping shall be monitored twice
during the first year to ensure that the plantings are providing an effective visual
barrier. If the barrier plantings fail to survive and/or the plants do not adequately
screen the wetlands, then additional plantings or solid wall instaIlation would be
required, as directed by the project biologist. These measures shall be made a
condition ofthe landscape plan.
Additionally, there wiIl be no easy public access to the project site that would
facilitate illegal dumping. The car lots wiIl be under 24-hour, seven day a week
security monitoring. The fencing along the southern border of the project site
shaIl be installed to protect adjacent habitat from illegal dumping. The landowner
and the City of Chula Vista shall prevent and enforce illegal entry into the
adjacent wetland habitat.
Lighting
The adverse effects of project lighting shaIl be mitigated to below a level of
significance by utilizing shielded fixtures that are oriented away from the adjacent
wetland habitats. The project biologist shall evaluate all lighting (at night) to
ensure that native habitats are not incidentally illuminated. Any lighting design
plans that intend to utilize overhead High Intensity Discharge (HID) lighting (e.g.,
high-pressure sodium, metal halide, mercury vapor, etc.) fixtures in areas
proximal to (within 50 feet or less of) the wetlands shall be reviewed and
approved by the project biologist prior to installation.
Invasive Species
Plants. Significant impacts to surrounding (nonimpacted) wetland vegetation
shall be avoided by using noninvasive and/or native plant material in the project
landscaping palette. Landscape plans shall be reviewed and approved by the
project biologist prior to the installation of plant material.
Animals. To avoid significant impacts from the inadvertent attraction/promotion
of exotic or otherwise deleterious animal species, all garbage cans and dumpsters
containing food refuse shall be set back from the nearest wetlands by a distance of
no less than 100 feet and be tightly covered and securely locked when not in use.
In addition, the use of outdoor restauranVother food service seating shall be
prohibited within 100 feet of the nearest wetland area.
Urban Runoff/Water Quality Impacts
Significant urban runof£'water quality impacts will be reduced to below a level of
significance by implementing the following mitigation measures:
1. Prior to issuance of grading pennits, the applicant shall complete all
applicable fonDS and comply with the City of Chula Vista's Stonn Water
Management Standards Requirements Manual.
PINCVIAPEiR<v-MNDlmuto_=d-~"p"d (I 0/9103) 48 /5...,5
2. Prior to the issuance of grading permits, the applicant shall demonstrate to
the satisfaction of the City Engineer that Best Management Practices
(BMPs) will be implemented to prevent pollution of the stonn water
conveyance systems, both during and after construction. Permanent storm
water requirements shall be incorporated into the project design and be
shown on the project plans. Any construction and nonstructural BMP
requirements that cannot be shown graphically must be either noted or
stapled on the plans.
3. The project shall comply with the City's requirements and the National
Pollutant Discharge Elimination System (NPDES). Standard Urban Storm
Water Mitigation Plans (SUSMP) and Numeric Sizing Criteria are
applicable to this project. Adequate provisions shall be made in the
planning and design stages of the project to facilitate compliance with
such requirements.
4. Prior to the issuance of grading pennits, a water quality study shall be
reviewed and approved by the City Engineer that demonstrates
compliance with the requirements of the NPDES Construction and
Municipal Pennits, including SUSMP and Numeric Sizing Criteria
requirements, in accordance with the City's Manual.
Cultural Resources Mitigation
Archaeology
An archaeological morutor shall be onsite during all excavation activities. In the
event that cultural resources are identified (other than those apparently deposited
during the import of the prior fill), the archaeologist shall be authorized to divert
the construction activities, investigate the cultural resources, and salvage material
to ascertain the significance of any site. With the incorporation of the mitigation
measure, the impacts are reduced to below a level of significance.
Paleontology
A paleontologist and/or paleontological monitor will be retained to morutor
construction prior to any cutting within sensitive formations. This area is known
to be underlain by one such strata: Otay Fonnation. If grading is to occur within
the Otay Fonnation, a qualified paleontologist and/or paleontological monitor
shall be onsite during the initial grading to inspect for well-preserved fossils. In
the event well-preserved fossils are found, the paleontologist shall have the
authority to divert, direct, or temporarily halt construction activities in the area of
discovery to allow recovery of fossil remains in a timely manner.
Hydrology and Water Qnality Mitigation
Significant urban runoWwater quality impacts will be reduced to below a level of
significance by implementing the following mitigation measures:
PI AlCVI APElRov-MND/muto - mnd-.",ptod (' 0/9/03) 49 /5 -~~
1. Prior to issuance of grading pennits, the applicant shall complete all
applicable fonDS and comply with the City ofChula Vista's Stonn Water
Management Standards Requirements Manual.
2. Prior to the issuance of grading pennits, the applicant shall demonstrate to
the satisfaction of the City Engineer that Best Management Practices
(BMPs) will be implemented to prevent pollution of the stonn water
conveyance systems, both during and after construction. Pennanent stonn
water requirements shall be incorporated into the project design and be
shown on the project plans. Any construction and nonstructural BMP
requirements that cannot be shown graphically must be either noted or
stapled on the plans.
3. The project shall comply with the City's requirements and the National
Pollutant Discharge Elimination System (NPDES). Standard Urban Stonn
Water Mitigation Plans (SUSMP) and Numeric Sizing Criteria are
applicable to this project. Adequate provisions shall be made in the
planning and design stages of the project to facilitate compliance with
such requirements.
4. Prior to the issuance of grading permits, a water quality study shall be
reviewed and approved by the City Engineer that demonstrates
compliance with the requirements of the NPDES Construction and
Municipal Pennits, including SUSMP and Numeric Sizing Criteria
requirements, in accordance with the City's Manual.
Noise Mitigation
Short-tenD construction noise intrusion shall be limited as a condition of the
Grading Pennit and Tentative Map to weekday and Saturday hours between
7:00 AM and 7:00 PM. Those same pennits shall also specify construction access
routing to restrict construction truck traffic past any existing residential or other
noise-sensitive uses in the vicinity of the project area.
Mitigation measures associated with noise impacts on the adjacent biological
resources shall be mitigated in accordance with measures listed under Biological
Resources Mitigation.
Geology/Soils Mitigation
A geotechnical report was prepared by Geotechnics Incorporated (April 2001)
detailing measures to be implemented prior to and during site preparation and
construction. These recommendations are based on empirical and analytical
methods typical of the standard practices implemented in southern California. By
incorporating the recommendations of that report into the final project plans,
impacts to geology/soils would be reduced to less than significant.
P/AICV/APEiR"-MND/""",o_mnd-,,,,pt,d (1019/03) 50 IS~7
Furthennore, the geotechnical engineer and engineering geologist sha1l review the
grading plans prior to finalization to verify that the grading plans are in
compliance with the recommendations of the Geotechnics report and detennine
the necessity for additional recommendations and/or analysis. This measure sha1l
be placed as a condition on a1l grading permits.
No additional mitigation measures are required.
Hazards/Hazardous Materials Mitigation
Based on the analysis prepared by LDR in determining potential hazards resulting
from initiation of project development, the fo1lowing mitigation measures wiIl
reduce impacts to be less than significant:
. Random sampling and testing of the existing fi1l will be conducted. This
sampling and testing event will occur subsequent to grading operations.
The results from this testing will be submitted to the City for review. This
measure will be required as a condition of the grading pennits.
Transportation Mitigation
The fo1lowing are access-related mitigation measures and wiIl be placed as a
condition of the Tentative Map:
1. Prior to issuance of building pennits, the applicant sha1l enter into an
agreement with the City to design, construct, and secure a fu1ly actuated
traffic signal including interconnect wiring, mast anns, signal heads, and
associated equipment, underground improvements, standards, and
luminaries at the Main StreetJRoma Court intersection. Design of the
intersection should include a westbound 250-foot left turn lane and a
90-foot transition. The traffic signal at the Main StreetJRoma Court
intersection should provide protected east/west left-turn phasing and
pennitted north/south left-turn phasing. The northbound approach shall be
striped with a dedicated left-turn lane and a 20-foot-wide shared
through/right lane.
2. Prior to issuance of building pennits, the applicant sha1l enter into an
agreement with the City to design, construct, and secure a fu1ly actuated
traffic signal, including interconnect wiring, mast arms, signal heads, and
associated equipment, underground improvements, standards, and
luminaries at the Main Street/Maxwell Road intersection. Design of the
intersection should include a westbound 250-foot left turn lane and a
90-foot transition. The northbound approach shall be striped with a
dedicated left-turn lane and a 20-foot-wide shared through/right lane. The
southbound approach (from Maxwe1l Road) shall provide a shared
through/left lane and a dedicated right-turn lane.
PI AlCVI APEIR,".MNDlm",o - =d""'pt,d (101'10') 51 f S -~&'
3. Prior to issuance of building pennits the applicant shall enter into an
agreement with the City to design, construct, and secure a left turn pocket
at Main Street/Brandywine Avenue. Design should include a length of
250 feet with a 90-foot transition at all left-turn lanes at the Main
Street/Brandywine Avenue offsite.
4. Coordinate the new Roma Court and Maxwell Road traffic signals with
the existing traffic signals at Brandywine Avenue and Nirvana Avenue.
5. Dedicate right-of-way along the project frontage on Main Street to Prime
Arterial standards.
6. Prior to issuance of building pennits, the applicant shall enter into an
agreement with the City to design, construct, and secure a 200-foot
eastbound right turn lane on Main Street at the following intersections:
. Auto Park Court
. Roma Court
. Auto Parkway
. Auto Park Drive (south side of Maxwell Road)
Dedicated right-turn lanes shall be a minimum of200 feet long and 12 feet
wide, with a 90-foot transition, if possible. The longer storage length will
provide extra storage and more length for vehicles to decelerate within the
turn lane and not within the through lanes on Main Street.
The relatively long storage lengths have been recommended since Main
Street is a six-lane facility with a posted speed limit of 50 MPH.
The following measure will mitigate the cumulative impact at the Main Street!
I-80S southbound ramps intersection.
7. Prior to issuance of building pennits, the applicant shall contribute to the
Traffic Development Impact Fund (TDIF) toward the construction of a
second westbound left-turn lane to be provided at the Main Street/I-805
southbound ramp intersection.
F. Consultation
1. Individuals and Organizations
City of Chula Vista: Sohaib "Alex" Alagha, Senior Civil Engineer
Majed Al-Ghafry, Traffic Engineer
Duane Bazzell, Principal Planner
PINCVIAPElRev.MNDI""Io.mnd""'ptod (1019/0]) 52 I 5, t;,1
Patricia Beard, Senior Community Development
Specialist
Anthony Chukwadolue, Civil Engineer
Muna Cuthbert, Civil Engineer
Joseph Gamble, Landscape Planner
Benjamin Guerrero, Environmental Projects
Manager
Frank Herrera, Associate Planner
Elizabeth Wagner Hull, Deputy City Attorney
David Kaplan, Transportation Engineer
George Krempl, Assistant City Manager
Mary Ladiana, Planning and Housing Services
Manager
JeffMoneda, Civil Engineer
Doug Perry, Fire Chief
Marilyn RF. Ponseggi, Environmental Review
Coordinator
2. Documents
The following documents used during the preparation of the initial
study/environmental checklist are available for review at the City of ChuIa
Vista Planning and Building Department, located at 276 Fourth Avenue,
Chula Vista, CA 91910.
Chula Vista, City of
1995 Chula Vista General Plan. Revised.
1989 Chula Vista General Plan. July. Comprehensive Update.
1978 General Plan.
2003 Draft MSCP Subarea Plan.
53 /5-'70
PI AiCV I APEIR".MND/,v>uto .mnd-""p"d (1019103)
Geotechnics Incorporated
2001 Supplemental Geotechnical Investigation. April.
2000 Updated Grading Recommendations. August.
1995 Report of Geotechnical Investigation. January.
Giroux and Associates
2003 Noise Impact Analysis: Chula Vista Auto Park Expansion, City of
Chula Vista, CA. August.
2002a Air Quality hnpact Analysis: Chula Vista Auto Center, Chula
Vista, CA. March.
2002b Noise hnpact Analysis: Chula Vista Auto Center, Chula Vista,
CA. March.
200la Air Quality hnpact Analysis: Main Street Commerce Center, City
ofChula Vista, CA. November.
2001b Noise Impact Analysis: Main Street Commerce Center, City of
Chula Vista, CA. November.
Helix Environmental Planning, Inc.
2002a Biological Technical Report: Borst Property. September.
2002b Jurisdictional Delineation: Borst Property. September.
2001a Draft Biological Technical Report: Borst Property. October.
200lb Jurisdictional Delineation: Borst Property. October.
LD. Romine and Associates
2001 Phase I Environmental Site Assessment: Borst Otay Valley
Property, Chula Vista, CA. October.
Linscott, Law, and Greenspan
2003 Chula Vista Auto Park Expansion (South Side) - Access Driveway
Analysis. July.
2002 Traffic Impact Analysis: Chula Vista Auto Park Expansion.
February. Revised.
PI NCV I APE/R,"-MNDI,",uto _omd-""p"d (I 01910J) 54 /5-71
-------------------------------______m __n_-
2001 Traffic Impact Analysis: ChuIa Vista Auto Park Expansion.
November.
Nolte Associates, Inc.
2003 Draft Tentative Parcel Map. August.
2001 Draft Drainage Study. November.
P&D Technologies
1991 Final Environmental Impact Report: Chula Vista Auto Center.
November.
3. Initial Study
This environmental determination is based on the attached Initial Study,
any comments received on the Initial Study, and any comments received
during the public review period for this Mitigated Negative Declaration.
The report reflects the independent judgment of the City of Chula Vista.
Further infonnation regarding the environmental review of this project is
available from the Chula Vista Planning and Building Department,
276 Fourth Avenue, Chula Vista, CA 91910.
~~(//ñQ ~ p/o'/
M lyn onseggi
Environmental Review Coordinator
PI NCV I APElRov-MNDI".uto _mnd-""plod (10/910) 55 IS-7d.
INITIAL STUDY
ENVIRONMENT AL CHECKLIST FORM
IS-7'B
------""""""---~--- -----"--~---------
Chula Vista Auto Park Expansion
ENVIRONMENTAL CHECKLIST FORM
1. Project Title:
Chula Vista Auto Park East Specific Plan
2. Lead Agency Name and Address:
City ofChula Vista, 276 Fourth Avenue, Chula Vista, CA 91910
3. Contact Persons and Phone Number:
Marilyn Ponseggi, Environmental Review Coordinator, (619) 585-5707
PI A/CVIAPElRov-MNDlmutDi.-.o"pt (I 0/9103) 1
/'5,7+
Chula Vista Auto Park Expansion
Less Than
SigniOcanl
Polentially with Less Than
ISSUE Significant Mitigation Significant
Impact Incorporation Impact No Impact
I. AESTHETICS. Would the project:
a) Have a substantial adverse effect on a scenic vista? 0 0 [8J 0
b) Substantially damage scenic resources, including, but 0 0 0 [8J
not limited to, trees, rock outcroppings. and historic
buildings within a state scenic highway?
c) Substantially degrade the existing visual character or 0 0 [8J 0
quality of the site and its surroundings?
d) Create a new source of substantial light or glare, 0 0 [8J 0
which would adversely affect day or nighttime views in
the area?
Comments:
Response to la. The project site is located in an area that is surrounded by a mix of commercial,
residential, and public uses. Project implementation will be consistent with existing development within
the project area and will not represent a significant change. Furthennore, there are no designated scenic
highways or roads within the affected viewshed that will be impacted by the proposed auto park
expansIOn.
However, the proposed project will propose night lighting required for the site security. This lighting will
potentially illuminate the adjacent residential neighborhoods north of Otay Valley Road and the riparian
habitat south of the project site. Therefore, prior to approval, the project will be subject to design review
and design measures will be incorporated to shield excessive lighting or glare in accordance with the
City's Design Review Committee standards. The Specific Plan will also incorporate these lighting
conditions.
Additionally, the project engineer, Nolte Associates, lnc., indicated a "keystone" masonry wall ranging
from approximately 5 feet to 31 feet is proposed to traverse the southern portion of the site along the
wetland habitat area. Landscaping will be incorporated to provide additional screening of the wall to
further reduce visual impacts. Landscaping materials will be non-invasive native plant materials
compatible with the adjacent wetland habitat.
Response to lb. The proposed project site does not include visually significant trees, rock outcrops, or
historic buildings that will contribute to the scenic quality of the area. The project will alter the
appearance of the existing site, but will not create new significant aesthetic impacts.
Response to Ie. Future site development will be subject to design, architectural, and landscaping
requirements that are part of the specific plan. Project approval will not result in any significant impact to
community aesthetics or visual quality and will improve the aesthetic quality of the site and surrounding
areas.
PI NCVI APEIR,,-MND/mu"'is-""pl (10/9/03) 2
1$-75
._---------.~---_._-_._------'-'--
Chula Vista Auto Park Expansion
Response to Id. Future development plans will employ outdoor lighting, signs, and materials that will
contribute to light and glare in the project area. Shielding and directing of light sources away from
streets, adjoining properties, and the sky have been incorporated into the specific plan as required design
standards.
Aesthetic Mitigation
No significant impacts have been identified. The Specific Plan will be consistent with the City's Design
Review Committee Standards; therefore, no mitigation is required.
PI AlCVI APElRov-MND/cv>uto;,-."'pt (t 019103) 3
/5- 7(P
Chula Vista Auto Park Expansion
Less Thao
Sigoificaot
PDteolially w;!h Less Thao
ISSUE Sigo,"can! MiligatiDo Significaol
Impact 'oCO'PO"tiDO Impact No Impact
II. AGRICULTURE RESOURCES. In determining whether
impacts to agricultural resources are significant environ-
mental effects, lead agencies may refer to the California
Agricultural Land Evaluation and Site Assessment Model
(1997) prepared by the California Department of
Conservation as an optional model to use in assessing
impacts on agriculture and farmland. Would the project:
a) Convert Prime Farmland, Unique Farmland, or 0 0 0 ~
Farmland of Statewide Importance (Farmland), as
shown on the maps prepared pursuant to the
Farmland Mapping and Monitoring Program (FMMP)
of the California Resources Agency, to non-
agricultural use?
b) Conflict with existing zoning for agricultural use, or a 0 0 0 ~
Williamson Act contract?
c) Involve other changes in the existing environment 0 0 0 ~
which. due to their location or nature, could result in
conversion of Farmland to non-agricultural use?
Comments:
Response to IIa and b. Lands designated and approved for urban development are not included on maps
prepared by the California Resources Agency pursuant to the FMMP. The site is plarmed and zoned for
development; does not contain designated Prime Fannland or a Williamson Act contract according to the
General Plan, Unique Fannland, or Fannland of Statewide Importance; and has been previously graded.
Therefore, there is no significant impact to "fannlands" associated with development of this site.
Response to IIc. Project approval and eventual development of the project site will not result in
additional pressure to convert fannland to nonagricultural uses. The project site is bordered by existing
commerciaI/industrial development or graded land. Therefore, no impacts will result from
implementation of the proposed project.
Agriculture Mitigation
No significant impacts have been identified and no mitigation is required.
P/ AJCV / APEIR".MND/owuto;,.."'pt (10/9103) 4
/5..17
Chula Vista Auto Park Expansion
Less Than
Significant
Potentially with Less Than
ISSUE Significant Mmgalion Significant
Impact 'nco'Omalion Impact No Impact
III. AIR QUALITY. Where available, the significance criteria
established by the applicable air quality management or
air pollution control district may be relied upon to make the
following determinations. Would the project:
a) Conflict with or obstruct implementation of the 0 0 ~ 0
applicable air quality plan?
b) Violate any air quality standard or contribute 0 ~ 0 0
substantially to an existing or projected air quality
violation?
c) Result in a cumulatively considerable net increase of 0 0 ~ 0
any criteria pollutant for which the project region is
non-attainment under an applicable federal or state
ambient air quality standard (including releasing
emissions which exceed quantitative thresholds for
ozone precursors)?
d) Expose sensitive receptors to substantial pollutant 0 0 ~ 0
concentrations?
e) Create objectionable odors affecting a substantial 0 0 ~ 0
number of people?
Comments:
Implementation of the proposed project will result in impacts to air quality; however, mitigation will be
incorporated to reduce impacts to less than significant. Further discussion has been included in the
Mitigated Negative Declaration (MND).
Air Quality Mitigation
The MND has incorporated mitigation measures that will reduce impacts associated with the proposed
project to less than significant.
PIAlCV/APElRov-MND/",,"i'-""l't (tOI910J) 5
/5.7 P
Chula Vista Auto Park Expansion
less Than
SIgnIficant
Potentially wUh less Than
ISSUE SIgnificant Mmgatton SIgnIficant
tmpact Inco'Pmation Impact No Impact
IV. BIOLOGICAL RESOURCES. Would the project:
a) Have a substantial adverse effect, either directly or 0 ~ 0 0
through habitat modifications, on any species
identified as a candidate, sensitive, or special status
species in local or regional plans, policies, or
regulations or by the California Department of Fish
and Game or U.S. Fish and Wildlife Service?
b) Have a substantial adverse effect on any riparian 0 ~ 0 0
habitat or other sensitive natural community identified
in local or regional plans, policies, or regulations or by
the California Department of Fish and Game or U.S.
Fish and Wildlife Service?
c) Have a substantial adverse effect on federally 0 ~ 0 0
protected wetlands as defined by Section 404 of the
Clean Water Act (including, but not limited to, marsh,
vernal pool, coastal, etc.) through direct removal,
filling, hy<;lrological interruption. or other means?
d) Interfere substantially with the movement of any native 0 0 0 ~
resident or migratory fish or wildlife species or with
established native resident or migratory wildlife
corridors, or impede the use of native wildlife nursery
sites?
e) Conflict with any local policies or ordinances 0 0 0 ~
protecting biological resources. such as a tree
preservation policy or ordinance?
f) Conflict with the provisions of an adopted Habitat 0 0 0 ~
Conservation Plan. Natural Community Conservation
Plan. or other approved local, regional, or state habitat
conservation plan?
Comments:
Implementation of the proposed project will result in impacts to biological resources; however, mitigation
shall be incorporated to reduce impacts to less than significant. Further discussion has been included in
the MND.
Biological Resources Mitigation
The MND incorporates mitigation measures that will reduce impacts associated with the proposed project
to less than significant
PI AICV I APEIR,,-MNDlov'utol,.,,"pt (1019103) 6
/5". 71
Chula Vista Auto Park Expansion
less Than
Significant
Potentially wJth less Than
ISSUE Significant Mi\;gation Significant
Impact Incorpo<âtion Impact No Impact
V. CULTURAL RESOURCES. Would the project:
a) Cause a substantial adverse change in the D ~ D D
significance of a historical resource as defined in
§15064.5?
b) Cause a substantial adverse change in the D ~ D D
significance of an archaeological resource pursuant to
§15064.5?
c) Directly or indirectly destroy a unique paleontological D ~ D 0
resource or site or unique geologic feature?
d) Disturb any human remains, including those interred D D D ~
outside of formal cemeteries?
Comments:
Implementation of the proposed project will result in impacts to cultural resources; however, mitigation
will be incorporated to reduce impacts to less than significant. Further discussion has been included in
theMND.
Cultural Resources Mitigation
The MND incorporates mitigation measures that will reduce impacts associated with the proposed project
to less than significant.
PI NCV I APEfR,."MND/cvo"toi.-.mpt (t 0/9/03) 7
I 5- '20
Chula Vista Auto Park Expansion
Le.. Than
Slgnmcant
PotenUally wIth Less Than
ISSUE SIgnificant MtttgaUon SIgnificant
Impact Incorpm"Uon Impact No Impact
VI. GEOLOGY AND SOILS. Would the project:
a) Expose people or structures to potential substantial
adverse effects, including the risk of loss, injury, or
death involving:
i) Rupture of a known earthquake fault, as delineated D D D ¡;g]
on the most recent Alquist-Priolo Earthquake Fault
Zoning Map issued by the State Geologist for the area
or based on other substantial evidence of a known
fault? Refer to Division of Mines and Geology Special
Publication 42.
ii) Strong seismic ground shaking? D ¡;g] D D
iii) Seismic-related ground failure, including D ¡;g] D 0
liquefaction?
iv) Landslides? 0 0 0 ¡;g]
b) Result in substantial soil erosion or the loss of topsoil? D ¡;g] 0 0
c) Be located on a geologic unit or soil that is unstable, D 0 0 ~
or that would become unstable as a result of the
project, and potentially result in on- or off-site
landslide, lateral spreading, subsidence, liquefaction,
or collapse?
d) Be located on expansive soil, as defined in Table D 0 0 ¡;g]
18-1-B of the Uniform Building Code (1994), creating
substantial risks to life or property?
e) Have soils incapable of adequately supporting the use D 0 0 ¡;g]
of septic tanks or alternative wastewater disposal
systems where sewers are not available for the
disposal of wastewater?
Comments:
Implementation of the proposed project will result in impacts to geology and soils of the project site;
however, mitigation measures will be incorporated to reduce impacts to less than significant. Further
discussion has been included in the MND.
P/AJCV/APEIR,,-MNDImuto"-."'pt (tOI9/03) 8
/5-8/
Chula Vista Auto Park Expansion
Geology and Soils Mitigation
The MND incorporates mitigation measures that will reduce impacts associated with the proposed project
to less than significant.
P/AlCV/APEiR"-MND/owulo;.-.o",,t (10/9/03) 9
/5,&;;1-
Chula Vista Auto Park Expansion
Le.. Than
Sign;ficant
Potentially with Less Than
ISSUE Significant Mitigation Significant
Impact Incmpmation Impact No Impact
VII. HAZARDS AND HAZARDOUS MATERIALS. Would
the project:
a) Create a significant hazard to the public or the 0 [8J 0 0
environment through the routine transport, use, or
disposal of hazardous materials?
b) Create a significant hazard to the public or the 0 0 [8J 0
environment through reasonably foreseeable upset
and accident conditions involving the release of
hazardous materials into the environment?
c) Emit hazardous emissions or handle hazardous or 0 [8J 0 0
acutely hazardous materials, substances, or waste
within one-quarter mile of an existing or proposed
school?
d) Be located on a site which is included on a list of 0 0 0 [8J
hazardous materials sites compiled pursuant to
Government Code Section 65962.5 and, as a result,
would it create a significant hazard to the public or the
environment?
e) For a project located within an airport land use plan or, 0 0 0 [8J
where such a plan has not been adopted, within two
miles of a public airport or public use airport, would the
project result in a safety hazard for people residing or
working in the project area?
f) For a project within the vicinity of a private airstrip, 0 0 0 [8J
would the project result in a safety hazard for people
residing or working in the project area?
g) Impair implementation of or physically interfere with an 0 0 0 [8J
adopted emergency response plan or emergency
evacuation plan?
h) Expose people or structures to a significant risk of 0 0 0 [8J
loss, injury, or death involving wildland fires, including
where wildlands are adjacent to urbanized areas or
where residences are intermixed with wildlands?
Comments:
Implementation of the proposed project will have the potential to create hazards and hazardous materials;
however, mitigation measures shall be incorporated to reduce impacts to less than significant. Further
discussion has been included in the MND-
PIAlCVI APE/R,,-MNDlmutoiHmpt (10/9103) 10
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Chula Vista Auto Park Expansion
Hazards and Hazardous Materials Mitigation
The MND incorporates mitigation measures that will reduce impacts associated with the proposed project
to less than significant.
PINCVIAPEIR,,-MNDlmuto"-,mpt (10/9/03) 11 /5-8Lf
Chula Vista Auto Park Expansion
Le.. Than
Significant
PotenUally with Less Than
ISSUE Significant Mitigation Significant
Impact Inco<poration Impact No Impact
VIII. HYDROLOGY AND WATER QUALITY. Would the
project:
a) Violate any water quality standards or waste discharge 0 [8J 0 0
requirements?
b) Substantially deplete groundwater supplies or interfere 0 D D [8J
substantially with groundwater recharge such that
there would be a net deficit in aquifer volume or a
lowering of the local groundwater table level (e.g., the
production rate of preexisting nearby wells would drop
to a level which would not support existing land uses
or planned uses for which permits have been
granted)?
c) Substantially alter the existing drainage pattern of the D [8J D D
site or area, including through the alteration of the
course of a stream or river, in a manner which would
result in substantial erosion or siltation on- or off-site?
d) Substantially alter the existing drainage pattern of the 0 [8J D 0
site or area, including through the alteration of the
course of a stream or river, or substantially increase
the rate or amount of surface runoff in a manner,
which would result in flooding on- or off-site?
e) Create or contribute runoff water which would exceed 0 0 [8J D
the capacity of existing or planned storm water
drainage systems or provide substantial additional
sources of polluted runoff?
f) Otherwise substantially degrade water quality? 0 [8J D D
g) Place housing within a 100-year flood hazard area as 0 D 0 [8J
mapped on a federal Flood Hazard Boundary or Flood
Insurance Rate Map or other flood hazard delineation
map?
h) Place within a 100-year flood hazard area structures, 0 D D [8J
which would impede or redirect flood flows?
i) Expose people or structures to a significant risk of 0 D D [8J
loss, injury, or death involving flooding, including
flooding as a result of the failure of a levee or dam?
j) Inundation by seiche, tsunami, or mudflow? 0 D D [8]
PI NCVI APElRov.MNDlmutois-""Pt (t O1910J) 12
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Chula Vista Auto Park Expansion
Comments:
Implementation of the proposed project will result in impacts to hydrology and water quality; however,
mitigation measures will be incorporated to reduce impacts to less than significant. Further discussion
has been included in the MND.
Hydrology and Water Qnality Mitigation
The MND incorporates mitigation measures that will reduce impacts associated with the proposed project
to less than significant.
P/IVCVI APEIRov.MND/,vouto¡"""pt (J 0/9/03) 13
I ':;- ~{P
Chula Vista Auto Park Expansion
Less Than
Significant
Potentially with Less Than
ISSUE Significant Mmgation Significant
Impact Incorporation tmpact No Impact
IX. LAND USE AND PLANNING. Would the project:
a) Physically divide an established community? D D D ~
b) Conflict with any applicable land use plan, policy, or D D D ~
regulation or an agency with jurisdiction over the
project (including but not limited to the general plan,
specific plan, local coastal program, or zoning
ordinance) adopted for the purpose of avoiding or
mitigating an environmental effect?
c) Conflict with any applicable habitat conservation plan D D D ~
or natural community conservation plan?
Comments:
Response to IXa. The proposed project will not divide an established community. The proposed project
is a Specific Plan to establish standards and guidelines in the development and expansion of the existing
Auto Park and is considered consistent with the surrounding developed land uses. Therefore, because the
project will not physically divide an established community, no impact would occur.
Response to IXb. The proposed project is located within an area designated as Research and Limited
Industrial in the General Plan and zoned ILP - Limited Industrial Zone, Precise Plan Modifying District.
The project is also within the Otay Valley Road Redevelopment Project Area. The Auto Park East project
is consistent with the ILP zoning.
The proposed Auto Park East Specific Plan has been prepared in accordance with Chapter 19.07 of the
City of Chula Vista Zoning Ordinance and Sections 65450-65457 of the California Govemment Code.
The proposed specific plan would supercede the site's existing zoning by establishing land use, design,
and development standards for the site and defining the type and amount of development pennitted.
Where in conflict with the Zoning Ordinance, the specific plan will apply; where the specific plan does
not address a topic, appropriate City regulations will apply.
The Specific Plan would also be consistent with the City of Chula Vista Redevelopment Agency Project
Area Improvement Plans for 2000 through 2004. This five-year implementation plan was adopted by the
City in November 1999 and was detennined to be consistent with the City's General Plan.
Chula Vista's nO-acre Otay Valley Road Redevelopment Area, located in the southeastern corner of the
City, is a gateway to Chula Vista from Otay Mesa and the Mexican commercial border crossing.
Established in 1983, this project area's light industry and nearby cultural and recreational uses are
bringing regional recognition to the Otay Valley's unique advantages.
The goal of the Redevelopment Area Plan for the Otay Valley Road is to "use the process of
redevelopment to eliminate and mitigate the many aspects of existing visual, economic, physical, social,
P/AJCV/APE/R<v.MND/,~",oi,.,mpt (J0/9/O3) 14
/5..27
Chula Vista Auto Park Expansion
and environmental blight within the Project Area." The Redevelopment Plan establishes objectives such
as:
. The development of property within a coordinated land use pattern of commercial, industrial,
recreational, and public facilities in the Project Area consistent with the goals, policies, objectives,
standards, guidelines, and requirements as set forth in the City's and County's adopted General Plan
and Zoning Ordinance;
. The encouragement, promotion, and assistance in the development and expansion oflocal commerce
and needed commercial and industrial facilities, increasing local employment prosperity, and
improving the economic climate within the Project Area, and the various other isolated vacant and/or
underdeveloped properties with the Project Area; and
. The creation of a more cohesive and unified community by strengthening the physical, social, and
economic ties between residential, commercial, industrial, and recreational land uses within the
community and the Project Area;
which focus on the development of commercial/industrial uses within the project area. One of the
expenditures proposed for the next five years includes the expansion of the Auto Park. Therefore,
implementation of the Specific Plan does not conflict with the City's efforts in redeveloping the Otay Valley
Road project area.
Response to IXc. The site is within the City of Chula Vista's Draft MSCP Subarea Plan (Chula Vista
2000). The site is adjacent to the proposed Otay River Valley River Park that will stretch from
Interstate 5 to Interstate 805 along the Otay River. The proposed river park is a linear regional park that is
proposed to extend from the San Diego Bay to the Otay Reservoir. The implementation of the auto park
expansion will not impact or prevent the development of the park. Because no narrow endemic plant
species have been observed within the proposed impact area, and based on the highly disturbed nature of
the proposed project area and biological surveys, no MSCP narrow endemic species is expected to be
affected by the project grading. Therefore, development as proposed will be consistent with the proposed
policies contained within the City's draft Subarea Plan.
Land Use and Planning Mitigation
No significant impacts have been identified and no mitigation is required.
PI AlCVI APEiRev.MNDI","to;.-ompt [1019103) 15
I 'S" g~
Chula Vista Auto Park Expansion
La.. Than
Significant
Potentially with Le.. Than
ISSUE Significant Mitigation Significant
Impact Inco",orabon Impact No Impact
X. MINERAL RESOURCES. Would the project:
a} Result in the loss of availability of a known mineral 0 0 0 C8J
resource that would be of value to the region and the
residents of the state?
b) Result in the loss of availability of a locally important 0 0 0 C8J
mineral resource recovery site delineated on a local
general plan, specific plan, or other land use plan?
Comments:
Response to Xa. The proposed project site does not contain significant mineral deposits as defined by
being located within either of the two aggregate resource sectors identified by the State Mining and
Geology Board as being of regional significance. Therefore, the project will not result in the loss of
availability ofa known mineral resource that would be of value to the region and the residents of the state.
Response to Xb. The eastern portion of the proposed project site lies within Mineral Resource Zone
(MRZ)-2 classified lands. The Conservation and Open Space Element of the General Plan (Policy 6.3)
states that sand and gravel extraction is planned for selected areas of the Otay River Valley prior to and
during the implementation of the Chula Vista Greenbelt.
According to the State Mining and Geology Board, mineral lands classified MRZ-2 or designated as areas
ofregional significance shall be protected from preclusive and incompatible land uses, so that the mineral
resources within these lands and areas are available when needed.
As concluded in the previous Environmental Impact Report for the adjacent ChuIa Vista Auto Park (P&D
Technologies, November 1991), "The MRZ-2 classification areas are defined where adequate information
indicates that significant mineral deposits are present or where it is judged that it is a high likelihood for
their presence existing."
The General Plan does not specifically identify this site as an area for planned extraction. The General
Plan has designated this site for industrial uses, thus effectively precluding extractive activities. As noted
in the previous EIR, because the site is located in an area of mixed land use (i.e., residential, industrial)
and adjacent to sensitive wetland habitat, extractive uses would not be considered a compatible land use
for the site. Furthennore, increased noise impacts associated with extractive uses would be considered
significant to surrounding land uses.
Although the construction of the proposed project would preclude future extraction of important
aggregate resources, impacts associated with the extractive uses would result in incompatibility with
surrounding land uses and exposure to excessive noise levels. Therefore, the proposed project will not
result in the loss of availability of locally important mineral resource recovery sites delineated on a local
general plan, specific plan, or other land use plan.
PI NCV I APElRov-MND/""",oi'-'O<'Pt (1019/03) 16
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-------- --
Chula Vista Auto Park Expansion
Mineral Resources Mitigation
No significant impacts have been identified and no mitigation is required.
PI AJCVI APEIR,,-MNDI'mto~-""I" (1019103) 17
I s.,Cj 0
Chula Vista Auto Park Expansion
Less Than
Significant
Potentially mth Less Than
ISSUE Significant Mitigation Significant
Impact Incorporation Impact No Impact
XI. NOISE. Would the project result in:
a) Exposure of persons to or generation of noise levels in D ¡g¡ D D
excess of standards established in the local general
plan or noise ordinance, or applicable standards of
other agencies?
b) Exposure of persons to or generation of excessive D D D ¡g¡
ground borne vibration or ground borne noise levels?
c) A substantial permanent increase in ambient noise D D ¡g¡ D
levels in the project vicinity above levels existing
without the project?
d) A substantial temporary or periodic increase in D ¡g¡ D D
ambient noise levels in the project vicinity above levels
existing without the project?
e) For a project located within an airport land use plan or, D D D ¡g¡
where such a plan has not been adopted, within two
miles of a public airport or public use airport, would the
project expose people residing or working in the
project area to excessive noise levels?
f) For a project within the vicinity of a private airstrip, D D D ¡g¡
would the project expose people residing or working in
the project area to excessive noise levels?
Comments:
Implementation of the proposed project will result in noise impacts associated with construction and
development operations; however, mitigation measures will be incorporated to reduce impacts to less than
significant. Further discussion has been included in the MND.
Noise Mitigation
The MND has incorporated mitigation measures that will reduce impacts associated with the proposed
project to less than significant.
PIAlCVIAPEIR"-MNDI",,utoi'-""pt (to/9103) 18
/5,,'1/
Chula Vista Auto Park Expansion
Less Than
Significant
Potentially with Less Than
ISSUE Significant MiUgation Significant
Impact Incorpo",tlon Impact No Impact
XII. POPULATION & HOUSING. Would the project:
a) Induce substantial population growth in an area either 0 0 0 r8J
directly (e.g., by proposing new homes and
businesses) or indirectly (e.g., through extension of
roads or other infrastructure)?
b) Displace substantial numbers of existing housing, 0 0 0 r8J
necessitating the construction of replacement housing
elsewhere?
c) Displace substantial numbers of people, necessitating 0 0 0 r8J
the construction of replacement housing elsewhere?
Comments:
Response to XIla. The proposed project is located in an area that has been previously disturbed. The
project is an expansion of the existing Auto Park. The expansion does not represent a fundamental
change to the surrounding land uses; therefore, the project will neither directly nor indirectly induce
population growth.
Response to XIIb. A majority of the project site is vacant. No housing is developed on the project site;
therefore, the proposed project will not displace existing housing. Therefore, no impacts are anticipated.
Response to XIIc. See response XIIb above.
Population and Housing Mitigation
No significant impacts have been identified and no mitigation is required.
P/AlCV/APE/Rov-MND/ovauto;s-.mpt (IO/'/OJ) 19
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Chula Vista Auto Park Expansion
Less Than
SIgnIficant
PotenUally v,;th Less Than
ISSUE SIgnificant MttigaUon SIgnificant
Impact IncorporaTIon Impact No Impact
XIII. PUBLIC SERVICES. Would the project result in
substantial adverse physical impacts associated with the
provision of new or physically altered governmental
facilities or the need for new or physically altered
governmental facilities, the construction of which could
cause significant environmental impacts, in order to
maintain acceptable service ratios, response times, or
other performance objectives for any of the public
services:
a) Fire protection? 0 0 ¡g] 0
b) Police protection? 0 0 ¡g] 0
c) Schools? 0 0 0 ¡g]
d) Parks? 0 0 0 ¡g]
e) Other public facilities? 0 0 0 ¡g]
Comments:
Response to XIIIa. The Chula Vista Fire Department currently meets the standard threshold for
rITe/emergency medical services (EMS) protection for the proposed development area. Fire Station No.3
is located at 1410 Brandywine Avenue, within the proximity of the project site. The department staffhas
set the following design requirements for the proposed project: (1) a 20-foot-wide fire lane with 13.5 feet
of unobstructed vertical clearance on the western side of the site, (2) fully sprinklered buildings, and (3) a
fire flow of 1,500 gallons per minute at 20 pounds per square inch. These measures are standard
requirements incorporated for all similar types of projects. With these requirements met, Fire Department
staff has detennined that no new facilities will be needed. The Fire Department estimates their
emergency response time to the project site to be two minutes, and paramedic-level services by American
Medical Response to be less than three minutes, which is consistent with the goals for providing
emergency service. Development of the project site will not result in a significant impact to the fire
services ofthe Chula Vista Fire Department.
Response to XIIIb. It should be recognized that the Police Department existing level of service is
deficient due to the fast growing development within the City of Chula Vista. 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 will also include an evaluation of the
established threshold, which may need to be adjusted.
The Chula Vista Police Department has detennined that the site is located within a service area in which
they will be able to serve while still maintaining their current level of services. Because the project will
PI NCVI APElRov-MNÐlmutois.,mpt (1010103) 20
/5~q3
Chula Vista Auto Park Expansion
not cause a substantial degradation in the level of service, no significant impact would occur. The project
will not change the requirement to pay public facilities fees for police services based on equivalent
dwelling units by development phase at the rate in effect at the time building pennits are issued. There
are no significant impacts associated with project implementation.
Response to XIIIc. The proposed project will not generate an increase in dwelling units or population in
the project area. Therefore, it will not result in a direct need for new or altered school facilities or
services. The project is in an area served by the Chula Vista Elementary School District and the
Sweetwater Union High School District. A developer fee of $0.33 per SF (or fee in effect at the time of
building permit issuance) for nonresidential development will be imposed at the building pennit stage to
address indirect impacts to school facilities.
Response to XIIId. The proposed project will not generate an increase in dwelling units or population in
the project area. The project will not result in a need for new parks or park services; therefore, no impacts
are anticipated to park services.
Response to XIIIe. The proposed project will not result in a need for any other new or altered
governmental services. Therefore, the project will not impact any other public facilities.
Public Services Mitigation
Other than payment of established fees for public facilities and adherence to established building codes,
no significant impacts have been identified and no mitigation is required.
PI A/CV I APEJR".MND/,wutoi"""pt (10/9/03) 21
/5,C:¡i
Chula Vista Auto Park Expansion
Less Than
Slgnmcanl
Polenllally with Less Than
ISSUE Significant Mitigation Significant
Impact Incorporation Impact No Impact
XIV. RECREATION.
a) Would the project increase the use of existing 0 0 0 [8]
neighborhood and regional parks or other recreational
facilities such that substantial physical deterioration of
the facility would occur or be accelerated?
b) Does the project include recreational facilities or 0 0 0 [8]
require the construction or expansion of recreational
facilities which might have an adverse physical effect
on the environment?
Comments:
Response to XIVa. The proposed project will not result in additional residential development and
corresponding population. Therefore, the proposed Auto Park East expansion will not increase the
demand for neighborhood or regional parks or other recreational facilities and would not cause substantial
deterioration in existing facilities.
Response to XIVb. The proposed project does not include any recreational facilities and does not require
the construction or expansion of recreational facilities that might have an adverse physical effect on the
environment. The project will not preclude the future designation, construction, and use of a regional trail
system as part of the Otay Valley Regional Park (OVRP). It is specuJative and thus infeasible to identify
impacts of a future trail within the adjacent OVRP. Therefore, implementation of the proposed project
will not result in adverse physical effects to recreation facilities.
Recreational Mitigation
No significant impacts have been identified and no mitigation is required.
PINCY/APEIRov.MND/",utoi,.""'" (I 0/9103) 22
/5øq S
...-. ...-_._._.._._.~~...._-_. .--.-.-
Chula Vista Auto Park Expansion
Less Than
Significant
Potentially wHh Less Than
ISSUE Significant Mitigation Significant
Impact Incmpmation Impact No Impact
XV. TRANSPORTATIONrrRAFFIC. Would the project:
a) Cause an increase in traffic, which is substantial in 0 ~ 0 0
relation to the existing traffic load and capacity of the
street system (Le., result in a substantial increase in
either the number of vehicle trips, the volume to
capacity ratio on roads, or congestion at
intersections)?
b) Exceed, either individually or cumulatively, a level of 0 ~ 0 0
service standard established by the county congestion
management agency for designated roads or
highways?
c) Result in a change in air traffic patterns, including 0 0 0 ~
either an increase in traffic levels or a change in
location that results in substantial safety risks?
d) Substantially increase hazards due to a design feature 0 0 0 ~
(e.g., sharp curves or dangerous intersections) or
incornpatible uses (e.g., farm equipment)?
e) Result in inadequate emergency access? 0 0 ~ 0
f) Result in inadequate parking capacity? 0 0 ~ 0
g) Conflict with adopted policies, plans, or programs 0 0 ~ 0
supporting alternative transportation (e.g., bus
turnouts, bicycle racks)?
Comments:
Implementation of the proposed project will result in transportation/traffic impacts; however, mitigation
measures will be incorporated to reduce impacts to less than significant. Further discussion has been
included in the MND.
Transportation Mitigation
The MND incorporates mitigation measures that will reduce impacts associated with the proposed project
to less than significant.
PI NCVI APElRov.MNDlmuto".""pt (1019103) 23
/S"C}?;:;
Chula Vista Auto Park Expansion
Less Than
Significant
Potentially with Less Than
ISSUE Significant Mitigation Significant
Impact Incorporation Impact No Impact
XVI. UTILITIES & SERVICE SYSTEMS. Would the project:
a) Exceed wastewater treatment requirements of the D D [8] 0
applicable Regional Water Quality Control Board?
b) Require or result in the construction of new water or D 0 0 [8]
wastewater treatment facilities or expansion of existing
facilities, the construction of which could cause
significant environmental effects?
c) Require or result in the construction of new stonn 0 0 0 [8]
water drainage facilities or expansion of existing
facilities, the construction of which could cause
significant environmental effects?
d) Have sufficient water supplies available to serve the D 0 0 [8]
project from existing entitlements and resources, or
are new or expanded entitlements needed?
e) Result in a determination by the wastewater treatment D 0 0 [8]
provider which serves or may serve the project that it
has adequate capacity to serve the project's projected
demand in addition to the provider's existing
commitments?
f) Be served by a landfill with sufficient permitted D 0 [8] D
capacity to accommodate the project's solid waste
disposal needs?
g) Comply with federal, state, and local statutes and D 0 0 [8]
regulations related to solid waste?
Comments:
Response to XVIa. The proposed project is the implementation of the Auto Park East Specific Plan to
inc1ude the development of new car dealerships, a gasoline service station with convenience store, car
wash, fast-food facility, and restaurant. The Specific Plan will address the public facilities, services, and
infrastructure needed to serve the project and enable the surrounding area to function properly. The
proposed development is consistent with the planned zoning for the site and, thus, has been assumed in
the planning for wastewater facilities. Therefore, it will not exceed wastewater treatment requirements.
The project will be required to comply with the RWQCB NPDES Permit No. CA 0108758. In addition,
prior to issuance of a grading pennit, the project will be required to provide necessary improvements that
are consistent with the applicable Master Plans (Sewer, Water, and Drainage) and City engineering
standards.
PINCV/APEIR".MND/",,"uto;,.,mpt (1019103) 24
/-5.'-'11
- .._--_.~ -~._..._-_._---------~.._.__.-
. Chula Vista Auto Park Expansion
Response to XVlb. Implementation of the proposed project will not result in the construction of new
water or wastewater treatment facilities or expansion of the existing facilities. The proposed tentative
parcel map indicates that there are existing drainage lines to serve the project site. There are stonn drains
that will need to be extended to adequately serve the proposed project. A sewer study will be submitted to
the City Engineer to ensure that the project will provide adequate sewer capacity.
Response to XVIc. The proposed tentative parcel map indicates that there are existing drainage lines to
serve the project site. There are stonn drains that will need to be extended to adequately serve the
proposed project. The City Engineer will review and approve all offsite improvements to ensure that
stonn drainage is adequately addressed. Therefore, no sigrùficant impacts would result.
As described in the project description, the project will include the import of 472,830 cubic yards of soil
to create a level development area. All of the imported soil will be placed above the 100-year floodplain
as depicted in the most recent Federal Emergency Management Act (FEMA) maps. Additionally, the
project pad will include the construction of nine private stonn drains, which, after passing through onsite
cleaners and flow regulators, will flow into the Otay River floodplain. One municipal stonn drain pipe
located at the western portion of the property will be extended approximately 120 feet. Because the
project includes onsite cleaners and flow regulators, there would be no impact to water quality or erosion
associated with the discharge of storm water.
Response to XVId. The Otay Water District provides water services to the proposed project and has
detennined, based on fire flow requirements and projected land use, that sufficient supplies of water are
planned to be available.
Response to XVIe. The City of Chula Vista operates and maintains its own sewer collection system,
which connects to the City of San Diego's Metropolitan Sewer System. It has been detennined that
adequate capacity exists to support the project.
Response to XVIf. Solid wastes from the proposed project will be trucked to the Otay Landfill, which is
estimated to have the capacity to receive solid wastes for the next 25 years. Additionally, waste disposal
needs will be minimized by incorporation of recycling and waste reduction measures identified in the
City's Source Reduction and Recycling Element of the County's Integrated Waste Management Plan
(1996). Therefore, adequate capacity exists to support this project.
Response to XVIg. See response XVIf above.
Utilities and Service Systems Mitigation
No significant impacts have been identified and no mitigation is required.
P/NCV/APEIR".MND/muto;Hmpt (10/9/03) 25
I 5.. C)~
Chula Vista Auto Park Expansion
Less Than
Significant
Potentially with Less Than
ISSUE Significant Mitigation Significanl
Impact Inco",o"'lion Impact No Impact
XVII. THRESHOLD ANALYSIS. Would the project:
a) Exceed the City's fire/EMS Threshold Standards? D D ~ D
b) Exceed the City's police Threshold Standards? D D ~ D
c) Exceed the City's traffic Threshold Standards? D [g] D D
d) Exceed the City's parks/recreation Threshold D D D ~
Standards?
e) Exceed the City's drainage Threshold Standards? D D ~ D
f) Exceed the City's sewer Threshold Standards? D D ~ D
g) Exceed the City's water Threshold Standards? D D ~ D
h) Exceed the City's air quality Threshold Standards? D D ~ D
i) Exceed the City's economics Threshold Standards? D D D [g]
j) Exceed the City's schools Threshold Standards? D D D ~
k) Exceed the City's libraries Threshold Standards? D D D ~
Comments:
Response to XVlIa. The City's threshold standards require that fire and medical units respond to cal1s
within seven minutes or less in 85 percent of the cases and within five minutes or less in 75 percent of the
cases. The Chula Vista Fire Department estimates their emergency response time to the project site to be
two minutes and paramedic-level services by American Medical Response to be less than three minutes.
The proposed project will comply with this threshold standard. See response XIIIa.
Response to XVIIb. The City's threshold standards require that police units respond to 84 percent of
Priority I caIls within seven minutes or less and maintain an average response time to al1 Priority 1 cal1s
of 4.5 minutes or less. Police units must respond to 62.1 percent of Priority 2 cal1s within seven minutes
or less and maintain an average response time to al1 Priority 2 calls of seven minutes or less. The Chula
Vista Police Station is located at 276 Fourth Avenue. The Police Department has indicated that they wil1
be able to serve the project site while stil1 maintaining their current level of service.
Response to XYlIc. The traffic threshold standards require that al1 intersections must operate at a level
of service C or better, with the exception that LOS D wil1 occur during the peak two hours of the day at
signalized intersections. The proposed project will generate 23,170 ADT, with 850 inbound!
650 outbound trips during the AM peak hour and 814 inbound!944 outbound trips during the PM peak
hour at the proposed driveways. AIl signalized intersections in the project area are calculated to currently
PI NCVI APE/Rov-MNDI"..t"'-""pt (1019103) 26
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ChuIa Vista Auto Park Expansion
operate at LOS D or better during the AM and PM peak hours. The Main Street/Roma Court intersection
is constructed, but does not currently carry traffic. Minor-street left-turn movements at the Main
Street/Maxwell Road signalized intersection are currently calculated at LOS D or better during both the
AM and PM peak hours. The Level of Service at the signalized intersections remains unchanged with the
addition of project traffic, with the exception of the Main Street/I-80S southbound ramps intersection,
which is calculated to degrade to LOS E during the PM hour as cumulative projects are incorporated. The
project proposes to implement mitigation measures to reduce impacts associated with access to the project
site and cumulative project development which are consistent with the City's threshold standards.
Response to XVIId. The City's threshold standard for parks does not apply to this project. Because the
proposed project does not generate dwelling units or population in the project area, it will not adversely
impact City of Chula Vista threshold standards for parks and recreation.
Response to XVIle. The City's threshold standards require that stonn water flows and volumes not
exceed City engineering standards. Individual projects will provide necessary improvements consistent
with the drainage master planes) and City engineering standards. The proposed project will not prevent
the project from meeting City standards. The City of Chula Vista requires that increased runoff from
urbanization be detained to levels at or below natural conditions for the 10-, 50-, and 100-year frequency
stonns. Future development at the project site must comply with the RWQCB's NPDES Pennit No. CA
0108758. BMPs appropriate to the characteristics of the project must be employed to reduce pollutants
available for transport or to reduce the amount of pollutants in runoff prior to discharge to a surface water
body. The project will not result in any significant changes to the drainage patterns, and implementation
of BMPs will result in stonn water discharge volumes which meet the established City threshold.
Response to XVIIf. The threshold standards require that sewage flows and volumes not exceed City
engineering standards. City engineers have indicated that existing facilities are adequate to serve the
proposed project. A sewage participation fee will be paid to the City for each phase of the project at the
time of connection to the public sewer. Therefore, the project is in compliance with the threshold
standards.
Response to XVIlg. The threshold standards require that adequate storage, treatment, and transmission
facilities are constructed concurrently with planned .growth and that water quality standards are not
jeopardized during growth and construction. The proposed project will use the water services of the Otay
Water District, which has detennined that supplies of water will be available and supplied through two
8-inch mains which serve the project site. There are no new facilities required, except for the addition of
three 2-inch and three I-inch water main connections and meters located within the site.
The proposed project will comply with water conservation measures by (1) fitting restrooms with low-
flow showerheads and toilets; (2) landscaping areas with drought-tolerant plants; and (3) installing
efficient irrigation systems, such as soil moisture sensors and drip irrigation. This will avoid any
significant impacts.
Response to XVIIh. The threshold standard for air quality states that "the City shall annually provide the
San Diego Air Pollution Control District with a 12- to 18-month development forecast and request an
evaluation of its impact on current and future air quality management programs, along with recent air
PINCVIAPEIR,".MNDI,mtoi,.""pt (lOIPIOJ) 27
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Chula Vista Auto Park Expansion
quality data. The growth forecast and APCD response letters shaD be provided to the Growth
Management Ordinance (GMO) for inclusion in its annual review."
The Regional Air Quality Strategy is based on growth projections derived from community and general
plan land use designations. The project area parcels are in the City of Chula Vista, which is within the
San Diego Air Basin. The 1991/1992 RAQS, as revised by the required 1994 triennial update, is being
implemented by APCD throughout the air basin. If a project is consistent with the City's General Plan, it
can be considered. consistent with the growth assumptions in the RAQS (State of California 1998). The
proposed project is generally consistent with Chula Vista's General Plan. Therefore, the proposed project
is consistent with the growth assumptions in the RAQS.
The proposed project is not growth inducing, and has been designed to accommodate transit planning
principles and pedestrian routes as part of the project plan. Therefore, the proposed project is consistent
with the goals and objectives of the RAQS and satisfies the threshold standard for air quality.
Response to XVIIi, The goal for economics is "to provide land uses and activities which respond to the
economic needs of the residents and the City ofChula Vista." The threshold standard is as follows:
1. The City shall be provided with an annual fiscal impact report that provides an evaluation of the
impacts of growth on the City, in tenDS of both operation and capital improvements. This report shaD
evaluate actua1 growth over the previous 12-month period, as well as projected growth over the next
12- to 18-month period and 3- to 5-year period.
2. The City shall be provided with an annual economic monitoring report that provides an analysis of
economic development activity and indicators over the previous 12-month period, as weD as projected
growth over the next 12- to 18-month period and 3- to 5-yearperiod.
The existing fiscal analysis for the project area estimated City revenues, expenditures, and the resulting
net fiscal impact on the City, which was determined to be positive. AD of the relevant City threshold
issues are evaluated in the report, which is available for review at the Planning Department, 276 Fourth
Avenue, Chula Vista, California 91910. The proposed project would not significantly affect the existing
fiscal analysis, except to increase the income-producing potential of the area. This is considered a
positive impact.
Response to XVIIj. The City's goal with respect to schools is "to ensure that the Chula Vista City
School District and Sweetwater Union High School District have the necessary school sites and funds to
meet the needs of the students in new development areas in a timely manner". The proposed project
would not result in the construction of any residential units and would not add to the City's school
population. Therefore, the threshold standard for schools is not applicable to the project and causes no
impact.
RespoDse to XVIIk. The goal for the libraries is to "provide a high quality, contemporary library system
which meets the varied needs of the community". The threshold standard for the population ratio for
library facilities is to provide 500 square feet (gross) of adequately equipped and staffed libraries per
1,000 population. The proposed project would not result in the construction of any residential units and
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Chula Vista Auto Park Expansion
would not add to the city's population. Therefore, the threshold standard for libraries is not applicable to
the project and causes no impact.
Thresholds Mitigation
XYlIa. The proposed project shall be conditioned to pay public facilities fees for fire services at the rate
in effect at the time building pennits are issued.
XVIIb. The proposed project shall be conditioned to pay public facilities fees for police services at the
rate in effect at the time building pennits are issued.
XYlIc. The proposed project shall implement the following mitigation measures as a condition of the
Tentative Map associated with access-related impacts:
1. Prior to issuance of building pennits, the applicant shall enter into an agreement with the City to
design, construct, and secure a fully actuated traffic signal including interconnect wiring, mast anTIS,
signal heads, and associated equipment, underground improvements, standards, and luminaries at the
Main Street/Roma Court intersection. Design of the intersection should include a westbound 250-foot
left turn lane and a 90-foot transition. The traffic signal at the Main Street/Roma Court intersection
should provide protected east/west left-turn phasing and pennitted north/south left-turn phasing. The
northbound approach shall be striped with a dedicated left-turn lane and a 20-foot-wide shared
through/right lane.
2. Prior to issuance of building pennits, the applicant shall enter into an agreement with the City to
design, construct, and secure a fully actuated traffic signal, including interconnect wiring, mast anTIS,
signal heads, and associated equipment, underground improvements, standards, and luminaries at the
Main StreetlMaxwell Road intersection. Design of the intersection should include a westbound
250-foot left turn lane and a 90-foot transition. The northbound approach shall be striped with a
dedicated left-turn lane and a 20-foot-wide shared through/right lane. The southbound approach (from
Maxwell Road) shall provide a shared left/through lane and a dedicated right-turn lane to allow for
landfill traffic to make right turns on red.
3. Prior to issuance of building pennits the applicant shall enter into an agreement with the City to
design, construct, and secure a left turn pocket at Main Street/Brandywine Avenue. Design should
include a length of 250 feet with a 90-foot transition at all left-turn lanes at the Main
Street/Brandywine Avenue off site.
4. Coordinate the new Roma Court and Maxwell Road traffic signals with the existing traffic signals at
Brandywine Avenue and Nirvana Avenue.
5. Dedicate right-of-way along the project frontage on Main Street to Prime Arterial standards.
6. Prior to issuance of building pennits, the applicant shall enter into an agreement with the City to
design, construct, and secure a 200-foot eastbound right turn lane on Main Street at the following
intersections:
PI NCVIAPE1Rov.MNDlowUloi,..mpt (10/9103) 29
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Chula Vista Auto Park Expansion
. Auto Park Court
. Roma Court
. Auto Parkway
. Auto Park Drive (south side of Maxwell Road)
Dedicated right-turn lanes shall be a minimum of 200 feet long, 12 feet wide, with a 90-foot
transition, if possible. The longer storage length will provide extra storage and more length for
vehicles to decelerate within the turn lane and not within the through lanes on Main Street.
The relatively long storage lengths have been recommended since Main Street is a six-lane facility
with a posted speed limit of 50 MPH.
The following measure will mitigate the cumulative impact at the Main Street/I-805 southbound ramp
intersections.
7. Prior to issuance of building permits, the applicant shall contribute to the Traffic Development hnpact
Fund (TDIF) toward the construction of a second westbound left-turn lane to be provided at the Main
Street/I-805 southbound ramp intersection.
These measures would facilitate traffic flow and allow for all intersections in the study area to operate at
LOS C or better at non-peak hours and LOS D during peak hours of the day, which are consistent with the
City's threshold standards.
XVIId. No mitigation is required.
XVIle. No mitigation is required.
XVIIf. The proposed project shall be conditioned to pay public facilities fees for sewer services at the
rate in effect at the time building permits are issued.
XVIIg. No mitigation is required.
XVIIh. No mitigation is required.
XVIIi. No mitigation is required.
XVIIj. No mitigation is required.
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Less Than
Significant
PotenUaliy with Less Than
ISSUE Significant MWgaUon Signmcant
Impact Inco",oraUon Impact No Impact
XVIII. MANDATORY FINDINGS OF SIGNIFICANCE.
a) Does the project have the potential to degrade the 0 ~ 0 0
quality of the environment, substantially reduce the
habitat of a fish or wildlife species, cause a fish or
wildlife population to drop below self-sustaining levels,
threaten to eliminate a plant or animal community,
reduce the number or restrict the range of a rare or
endangered plant or animal or eliminate important
examples of the major periods of California history or
prehistory?
b) Does the project have the impacts that are individually 0 ~ 0 0
limited, but cumulatively considerable? ("Cumulatively
considerable" means that the incremental effects of a
project are considerable when viewed in connection
with the effects of past projects, the effects of other
current projects, and the effects of probable future
projects.)
c) Does the project have environmental effects, which 0 0 ~ 0
will cause substantial adverse effects on human
beings, either directly or indirectly?
Comments:
Response to XVlIIa. Section N and V of this Initial Study detennined that the proposed project will
have a significant environmental effect on Biological Resources and potential impacts to Cultural
Resources. However, mitigation shall be incorporated to reduce impacts to less than significant. Further
discussion has been included in the MND. The MND has incorporated mitigation measures that shall
reduce impacts associated with the proposed project to less than significant.
Response to XVIIIb. The proposed project, in combination with adjacent land uses, would result in
cumulative impacts to Transportation/Circulation. However, as discussed in the MND, mitigation
measures shall be incorporated by the City of Chula Vista to reduce cumulative impacts to less than
significant.
Response to XVIIIc. As noted in Section VII of this Initial Study, the MND addresses the potential
environmental effect on human beings, either directly or indirectly. However, mitigation will be
incorporated to reduce impacts to less than significant. Further discussion has been included in the MND.
The MND has incorporated mitigation measures that will reduce impacts associated with the proposed
project to less than significant. Therefore, the proposed project will not result in substantial adverse
effects to human beings, either directly or indirectly.
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Chula Vista Auto Park Expansion
XIX. PROJECT REVISIONS OR MITIGATION MEASURES
The mitigation measures have been incorporated into the project and will be implemented during the
future design, construction, or operation of the project. These measures include the following:
Air Quality Mitigation
. Use low-pollutant-emitting construction equipment.
. Use electrical construction equipment detennined by the City Engineer.
. Use catalytic reduction for gasoline-powered equipment.
. Use injection timing retard for diesel-powered equipment.
. Water the construction area twice daily to minimize fugitive dust.
. Stabilize (for example, hydroseed) graded areas as quickly as possible to minimize fugitive dust.
. Pave pennanent roads as quickly as possible to minimize dust.
. Use electricity from power poles instead of temporary generators during building construction.
. Implement track-out control as follows:
a. Apply chemical stabilizer or pave the last 100 feet of internal travel path within a construction
site prior to public road entry.
b. Install wheel washers adjacent to a paved apron prior to vehicle entry on public roads.
c. Remove any visible track-out into traveled public streets within 30 minutes of occurrence.
d. Wet wash the construction access point at the end of each workday if any vehicle travel on
unpaved surfaces has occurred.
e. Provide sufficient perimeter erosion control to prevent washout of silty material onto public
roads.
. Cover haul trucks or maintain at least 12 inches of freeboard to reduce blowoff during hauling.
. Suspend all soil disturbance and travel on unpaved surfaces if winds exceed 25 mph.
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Biological Resources Mitigation
Mitigation for Direct Impacts
Wetlands
A habitat restoration program shall be required that will include a minimum of 1: 1 habitat creation for all
impacts to jurisdictional waters and wetlands (USACOE and CDFG). In addition, impacts to riparian
scrub and southern willow scrub shall be mitigated through creation, enhancement, or restoration for a
total mitigation ratio as shown in the table below. The restoration plan will be prepared (by the applicant)
to the satisfaction of the City. Additionally, prior to issuance of a grading permit, the applicant will be
responsible in showing evidence of receiving RWQCB 401 Certification, USACOE 404 Pennit, and
CDFG 1603 Agreement.
Com ensatorv Miti!!ation
Project Mitigation Mitigation
Wetlands Effects
(Acre) Ratio (Acres)
Riparian Scrub* 0.18 3:1 0.54
Southern Willow Scrub 0.02 3:1 0.06
Tamarisk Scrub* 0.16 2:1 0.52
Total 0.46 - 1.12
*lncludes disturbed phases of this vegetation type.
Upland Habitat
There are no direct impacts to the sensitive upland habitats; therefore, there are no mitigation measures
required.
Sensitive Animals
No raptors (generally December through June) or other migratory species nests (March through
September) shall be disturbed in accordance with the Migratory Bird Treaty Act. A buffer of a minimum
300 feet shall be established around any raptor nest if occupied during construction activities to avoid
indirect impacts.
Mitigationfor Indirect Impacts
Noise
Significant impacts related to construction noise will be avoided by limiting construction work to outside
of the LBV's typical breeding season (February 15 to August IS); this restriction would also
avoid/minimize the possibility of indirectly impacting any other potentially occurring sensitive riparian
birds (such as southwestern willow flycatcher) that may be utilizing/nesting in the adjacent wetlands.
According to the noise report for the project (Giroux & Associates 2002), "If construction is perfonned
during the LBV nestinglbreeding season, and LBV s are found nesting within 500 feet of the nearest point
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Chula Vista Auto Park Expansion
of equipment operations, a noise mitigation plan shaH be submitted and approved by the City's
Environmental Review Coordinator. Such a plan wi11 identify the noise mitigation measures to be
utilized, and the protocols to be employed to monitor noise protection compliance." Therefore, the
applicant wiI1 also retain a biological monitor to be present during construction activities affecting
jurisdictional areas during the nesting season. If any significant effect is observed that further
construction be conducted outside of the nesting season. Where noise impacts cannot be completely
avoided, a noise monitoring program shaH be developed in consultation with the USFWS and the CDFG.
In addition, the report states, "Dealership operations noise wiIl be mitigated as foHows:
. AIl services and repair activities shaIl be conducted within the service bays that are shielded from
the adjacent riparian habitat.
. Outdoor loudspeakers will not be instaHed. AH employee paging shaH be through personal
communication devices."
Based on the dealership operations noise analysis provided by Giroux & Associates, after incorporating
the above mitigation measures, the estimated operational noise level would be 50 dB at the habitat edge
and 40 dB toward the center of the wetlands. Both of these estimates fall below the 60-dB noise impact
threshold for LBV.
Human Encroachment
To avoid significant impacts from human encroachment/visual threats during the use of the project, a
barrier, such as a split-rail fence, shaIl be constructed at the top of the "keystone" masonry wall, between
the entire length of the boundary between the project and the wetlands.
To reduce impacts associated with the "keystone" masonry wall, the wan would be screened with a
barrier planting consisting of either noninvasive ornamental material and/or native trees/shrubs.
Landscape plans shaH be reviewed and approved by the City's Environmental Review Coordinator and
the project biologist prior to instaHation and the plantings. The landscaping shaIl be monitored twice
during the first year to ensure that the plantings are providing an effective visual barrier. If the barrier
plantings fail to survive and/or the plants do not adequately screen the wetlands, then additional plantings
or solid wall instaIlation would be required, as directed by the project biologist. These measures shall be
made a condition of the landscape plan.
AdditionaIly, there wiI1 be no easy public access to the project site that would facilitate illegal dumping.
The car lots wiI1 be under 24-hour, seven day a week security monitoring. The fencing along the southern
border of the project site shall be instaIled to protect adjacent habitat from iI1egal dumping. The
landowner and the City of Chula Vista shaIl prevent and enforce iI1egal entry into the adjacent wetland
habitat.
Lighting
The adverse effects of project lighting would be mitigated to below a level of significance by utilizing
shielded fixtures that are oriented away from the adjacent wetland habitats. The project biologist shaIl
evaluate all lighting (at night) to ensure that native habitats are not incidentaIly iI1uminated. Any lighting
PI NCV/APEIR"-MND/mulo;~",,,,1 (10/9/03) 34
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ChuIa Vista Auto Park Expansion
design plans that intend to utilize overhead High Intensity Discharge (HID) lighting (e.g., high-pressure
sodium, metal halide, mercury vapor, etc.) fixtures in areas proximal to (within 50 feet or less of) the
wetlands must be reviewed and approved by the project biologist prior to installation.
Invasive Species
Plants. Significant impacts to surrounding (nonimpacted) wetland vegetation will be avoided by using
noninvasive and/or native plant material in the project landscaping palette. Landscape plans shall be
reviewed by the project biologist prior to the installation of plant material.
Animals. To avoid significant impacts from the inadvertent attraction/promotion of exotic or otherwise
deleterious animal species, all garbage cans and dumpsters containing food refuse shall be set back from
the nearest wetlands by a distance of no less than 100 feet and be tightly covered and securely locked
when not in use. In addition, the use of outdoor restaurant/other food service seating shall be prohibited
within 100 feet of the nearest wetland area.
Urban RunoffïWater Quality hnpacts
Significant urban runoff/water quality impacts will be reduced to below a level of significance by
implementing the following mitigation measures:
1. Prior to issuance of grading pennits, the applicant shall complete all applicable fOnDS and comply
with the City of Chula Vista's Stonn Water Management Standards Requirements Manual.
2. Prior to the issuance of grading pennits, the applicant shall demonstrate to the satisfaction of the
City Engineer that Best Management Practices (BMPs) will be implemented to prevent pollution
of the stonn water conveyance systems, both during and after construction. Penn anent stonn
water requirements shall be incorporated into the project design and be shown on the project plans.
Any construction and nonstructural BMP requirements that cannot be shown graphically must be
either noted or stapled on the plans.
3. The project shall comply with the City's requirements and the National Pollutant Discharge
Elimination System (NPDES). Standard Urban Storm Water Mitigation Plans (SUSMP) and
Numeric Sizing Criteria are applicable to this project. Adequate provisions shall be made in the
planning and design stages of the project to facilitate compliance with such requirements.
4. Prior to the issuance of grading pennits, a water quality study shall be reviewed and approved by
the City Engineer that demonstrates compliance with the requirements of the NPDES Construction
and Municipal Pennits, including SUSMP and Numeric Sizing Criteria requirements, in
accordance with the City's Manual.
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Cultural Resources Mitigatjon
Archaeology
An archaeological monitor shall be onsite during all excavation activities. In the event that cultural
resources are identified (other than those apparently deposited during the import of the prior fill), the
archaeologist shall be authorized to divert the construction activities, investigate the cultural resources,
and salvage material to ascertain the significance of any site. With the incorporation of the mitigation
measure, the impacts are reduced to below a level of significance.
Paleontology
A paleontologist and/or paleontological monitor to be retained to monitor construction prior to any cutting
within sensitive fonnations. This area is known to be underlain by one such strata: Otay Fonnation. If
grading is to occur within the Otay Fonnation, a qualified paleontologist and/or paleontological monitor
shall be onsite during the initial grading to inspect for well-preserved fossils. In the event well-preserved
fossils are found, the paleontologist shall have the authority to divert, direct, or temporarily halt
construction activities in the area of discovery to allow recovery of fossil remains in a timely manner.
Hydrology and Water Quality Mitigation
Significant urban runofflwater quality impacts will be reduced to below a level of significance by
implementing the following mitigation measures:
1. Prior to issuance of grading pennits, the applicant shall complete all applicable fOnDS and comply
with the City ofChula Vista's Stonn Water Management Standards Requirements Manual.
2. Prior to the issuance of grading pennits, the applicant shall demonstrate to the satisfaction of the
City Engineer that Best Management Practices (BMPs) will be implemented to prevent pollution
of the stonn water conveyance systems, both during and after construction. Pennanent stonn
water requirements shall be incorporated into the project design and be shown on the project plans.
Any construction and nonstructural BMP requirements that cannot be shown graphically must be
either noted or stapled on the plans.
3. The project shall comply with the City's requirements and the National Pollutant Discharge
Elimination System (NPDES). Standard Urban Stonn Water Mitigation Plans (SUSMP) and
Numeric Sizing Criteria are applicable to this project. Adequate provisions shall be made in the
planning and design stages of the project to facilitate compliance with such requirements.
4. Prior to the issuance of grading pennits, a water quality study shall be reviewed and approved by
the City Engineer that demonstrates compliance with the requirements of the NPDES Construction
and Municipal Pennits, including SUSMP and Numeric Sizing Criteria requirements, in
accordance with the City's ManuaL
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Noise Mitigation
Short-term construction noise intrusion will be limited as a condition of the Grading Permit and Tentative
Map to weekday and Saturday hours between 7:00 a.m. and 7:00 p.m. Those same pennits wilI also specifY
construction access routing to restrict construction truck traffic past any existing residential or other noise-
sensitive uses in the vicinity of the project area.
Mitigation measures associated with noise impacts on the adjacent biological resources shall be mitigated in
accordance with measures listed under Biological Resources Mitigation.
Geology/Soils Mitigation
A geotechnical report was prepared by Geotechnics Incorporated (April 2001) detailing measures to be
implemented prior to and during site preparation and construction. These recommendations are based on
empirical and analytical methods typical of the standard practices implemented in southern California. By
incorporating the recommendations of that report into the final project plans, impacts to geology/soils would
be reduced to less than significant.
Furthermore, the geotechnical engineer and engineering geologist shall review the grading plans prior to
finalization to verifY that the grading plans are in compliance with the recommendations of the Geotechnics
report and determine the necessity for additional recommendations and/or analysis. This measure shall be
placed as a condition on all grading pennits.
No additional mitigation measures are required.
Hazards/Hazardous Materials Mitigation
Based on the analysis prepared by LDR in detennining potential hazards resulting from initiation of project
development, the folIowing mitigation measures wilI reduce impacts to less than significant:
. Random sampling and testing of the existing fill will be conducted. This sampling and testing event
will occur subsequent to grading operations. The results from this testing wilI be submitted to the
City for review. This measure wilI be required as a condition of the grading pennits.
Transportation Mitigation
The following are access-related mitigation measures and will be placed as a condition of the Tentative
Map:
1. Prior to issuance of building pennits, the applicant shalI enter into an agreement with the City to
design, construct, and secure a fulIy actuated traffic signal including interconnect wiring, mast
anns, signal heads, and associated equipment, underground improvements, standards, and
luminaries at the Main StreetIRoma Court intersection. Design of the intersection should include a
westbound 250-foot left turn lane and a 90-foot transition. The traffic signal at the Main Street/
Roma Court intersection should provide protected east/west left-turn phasing and pennitted north!
P/ NCV/ APEIR<v-MND/muto;,-,mpl (10/9/03) 37
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south left-turn phasing. The northbound approach shall be striped with a dedicated left-turn lane
and a 20-foot-wide shared through/right lane.
2. Prior to issuance of building pennits, the applicant shall enter into an agreement with the City to
design, construct, and secure a fully actuated traffic signal, including interconnect wiring, mast
arms, signal heads, and associated equipment, underground improvements, standards, and
luminaries at the Main Street/Maxwell Road intersection. Design of the intersection should
include a westbound 250-foot left turn lane and a 90-foot transition. Modify the traffic signal at
the Main Street/Maxwell Road intersection. The northbound approach shall be striped with a
dedicated 1eft-tum lane and a 20-foot-wide shared through/right lane. The southbound approach
(fiom Maxwell Road) shall provide a shared through/left lane and a dedicated right-turn lane to
allow for landfiH traffic to make right turns on red.
3. Prior to issuance of building pennits the applicant shall enter into an agreement with the City to
design, construct, and secure a left turn pocket at Main Street/Brandywine Avenue. Design should
include a length of 250 feet with a 90-foot transition at all left-turn lanes at the Main
Street/Brandywine Avenue offsite.
4. Coordinate the new Roma Court and Maxwell Road traffic signals with the existing traffic signals
at Brandywine Avenue and Nirvana Avenue.
5. Dedicate right-of-way along the project frontage on Main Street to Prime Arterial standards.
6. Prior to issuance of building pennits, the app1icant shaH enter into an agreement with the City to
design, construct, and secure a 200 foot eastbound right turn lane on Main Street at the following
intersections:
. Auto Park Court
. Roma Court
. Auto Parkway
. Auto Park Drive (south side of Maxwell Road)
Dedicated right-turn lanes shall be a minimum of 200 feet long, 12 feet wide, with a 90-foot
transition, if possible. The longer storage length will provide extra storage and more length for
vehicles to decelerate within the turn lane and not within the through lanes on Main Street.
The relatively long storage lengths have been recommended since Main Street is a six-lane facility
with a posted speed limit of 50 MPH.
The following measure win mitigate the cumulative impact at the Main Street/I-80S southbound ramps
intersection.
7. Prior to issuance of building permits, the applicant shall contribute to the Traffic Development
Impact Fund (TDIF) toward the construction of a second westbound left-turn lane to be provided
at the Main Street/I-80S southbound ramp intersection.
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Chula Vista Auto Park Expansion
XX. AGREEMENT TO IMPLEMENT MITIGATION MEASURES
By signing the line provided below, the Applicant(s) and/or Operator(s) stipulate that they have each
read, understood, and have their respective company's authority to and do agree to the mitigation
measures contained herein and will implement same to the satisfaction of the Environmental Review
Coordinator. Failure to sign the line provided below prior to posting of this Mitigated Negative
Declaration with the County Clerk shall indicate the Applicant's and/or Operator's desire that the Project
be held in abeyance without approval and that the Applicant(s) and/or Operator(s) shall apply for an
Environmental Impact Report.
œ~~ }() - , ö ,a..3
'gnature Date
r~~ 1- Eof'J r w~t ~¿)r / f'-í<ß Ie:. l..-AN1J
Printed Name Agent For
XXI. ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED
The environmental factors checked below would be potentially affected by this Project, involving at least
one impact that is a "Potentially Significant Impact" or "Potentially Significant Unless Mitigated," as
indicated by the checklist on the preceding pages.
0 Aesthetics 0 Agriculture Resources i:8J Air Quality
i:8J Biological Resources i:8J Cultural/Paleontological Resources i:8J Geology / Soils
i:8J Hazards & Hazardous Materials i:8J Hydrology / Water Quality 0 Land Use / Planning
0 Mineral Resources i:8J Noise 0 Population / Housing
0 Public Services 0 Recreation i:8J Transportation / Traffic
0 Utilities / Service Systems 0 Mandatory Findings of Significance
XXII. DETERMINATION
On the basis of this initial evaluation:
I find that the proposed project COULD NOT have a significant effect on the environment, 0
and a NEGATIVE DECLARATION will be prepared.
I find that although the proposed project could have a significant effect on the environment, i:8J
there WILL NOT be a significant effect in this case because the mitigation measures
described on an attached sheet have been added to the project. A MITIGATED NEGATIVE
DECLARATION will be prepared.
I find that although the proposed project MAY have a significant effect on the environment, 0
and an ENVIRONMENTAL IMPACT REPORT is required.
I find that the proposed project MAY have a significant effect(s) on the environment, but at 0
least one effect: 1) has been analyzed adequately in an earlier EIR pursuant to applicable
standards, and 2) has been addressed by mitigation measures based on the earlier analysis
PfA/CVfAPEIR,".MNDim",,¡,.,mpt (,Of9fO') 39
/5-1/ã-
-
Chula Vista Auto Park Expansion
as described on attached sheets, if the effect is a 'potentially significant impacts' or
"potentially significant unless mitigated." An ENVIRONMENTAL IMPACT REPORT is
required, but it must analyze only the effects that remain to be addressed.
I find that although the proposed project could have a significant effect on the environment, 0
there WILL NOT be a significant effect in this case because all potentially significant effects
(a) have been analyzed adequately in an earlier EIR pursuant to applicable standards and
(b) have been avoided or mitigated pursuant to that earlier EIR, including revisions or
mitigation measures that are imposed upon the proposed project. An addendum has been
prepared to provide a record of this determination.
19~q/ ¿Çì ~ ~. L!/c?l /O{
Daté I
Marilyn Ponseggi City of Chula Vista
Printed Name Agent For
PIAlCV/APEIR<v-MND/,nuloi.-"""t (1019103) 40
15-1/3
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ATTACHMENT E
RESOLUTION NO. PCM-02-10
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CHULA VISTA RECOMMENDING THAT THE CITY
COUNCIL ADOPT A MITIGATED NEGATIVE DECLARATION
AND MITIGATION MONITORING AND REPORTING PROGRAM
(18-02-010) AND INTRODUCE AN ORDINANCE APPROVING A
SPECIFIC PLAN (pCM-O2-IO) FOR THE AUTO PARK EAST
EXPANSION (FRED BORST, BORST FAMILY TRUST,AND FASK
LAND).
WHEREAS, a duly verified application for a Specific Plan was filed with the City of Chula Vista
Planning and Building Department; and
WHEREAS, the application requests the adoption of a Specific Plan for the development of the Auto
Park East Expansion on approximately 31 acres ofland on the south side of Main Street between Brandywine
Avenue and Maxwell Road and represented on Exhibit "A"; and
WHEREAS, the Specific Plan would implement the Redevelopment Plan for the Otay Valley Road
Redevelopment Project Area; and
WHEREAS, the Specific Plan would be consistent with the General Plan; and
WHEREAS, a Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program (1S-
02-010) has been prepared in accordance with the requirements of the California Environmental Quality Act,
the State CEQA Guidelines, and the Environmental Review Procedures of the City ofChula Vista; and
WHEREAS, the Planning Director set the time and place for a hearing on said application and notice
of said hearing, together with its purpose, was given by its publication in a newspaper of general circulation in
the City and its mailing to property owners within 500 feet of the exterior boundaries of the property at least
ten days prior to the hearing; and
WHEREAS, the hearing was held at the time and place as advertised, namely on April 28, 2004 at
6:00 p.m. in the City Council Chambers, 276 Fourth Avenue, before the Planning Commission and said
hearing was thereafter closed; and
WHEREAS, the Planning Commission considered all reports, evidence, and testimony presented at the
public hearing with respect to the application.
NOW, THEREFORE, BE IT RESOLVED THAT THE PLANNJNG COMMISSION does hereby
recommend that the City Council adopt a Mitigated Negative Declaration and Mitigation Monitoring and
Reporting Program (1S-02-0 I 0), based on the fIDdings and conditions contained therein for the Auto Park East
Specific Plan.
BE IT FURTHER RESOLVED THAT THE PLANNJNG COMMISSION does hereby find that the
proposed Auto Park East Specific Plan is consistent with the City ofChula Vista General Plan and is supported
by public necessity, convenience, general welfare, and good zoning practice.
I 5-1 ~7
~~__n~__~~- ~ -------~- ~ ----~--- ~~
Resolution No. PCM-02-1 0
Page No.2
BE IT FURTHER RESOLVED THAT THE PLANNING COMMISSION does hereby recommend
amending Specific Plan (pCM-02-10), Section ill. Development Standards, Subsection F. Landscaping, by
requiring landscape plans to be submitted to the Otay Valley Regional Park Citizens Advisory Committee for
comment.
BE IT FURTHER RESOLVED THAT THE PLANNING COMMISSION does hereby recommend
that the trails easement alignment be submitted to the to the Otay Valley Regional Park Citizens Advisory
Committee for review prior to fmal map approval.
BE IT FURTHER RESOLVED THAT THE PLANNING COMMISSION does hereby recommend
that the City Council adopt an ordinance approving Specific Plan (pCM-02-10) incorporating the above
identified amendments for the Auto Park East Expansion.
BE IT FURTHER RESOLVED THAT a copy of this resolution be transmitted to the City Council.
PASSED AND APPROVED BY THE PLANNING COMMISSION OF CHULA VISTA,
CALIFORNIA, this 28th day of April, 2004, by the following vote, to-wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
Steve Castaneda, Chair
ATTEST:
Diana Vargas, Secretary
IS-J~?5
EXHIBIT A OF PLANNING COMMISSION RESOLUTION NO. PCM-O2-10
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J 5- r~9
RESOLUTION NO. -
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
ADOPTING A MITIGATED NEGATIVE DECLARATION AND MITIGATION
MONITORING AND REPORTING PROGRAM (IS-02-010) FOR THE AUTO
PARK EAST SPECIFIC PLAN (PCM-02-10) (FRED BORST, BORST FAMILY
TRUST, AND FASK LAND).
WHEREAS, the areas of land, which are the subject of this Resolution, are represented
in Exhibit "A' and for the purpose of general description herein consist of approximately 31 acres
on the south side of Main Street between Brandywine Avenue and Maxwell Road ("Project Site");
and
WHEREAS, on September 5, 2001, Fred Borst, Borst Family Trust, and Fask Land
("Developer") filed an application requesting an Initial Study for Specific Plan (PCM-02-10) for the
development of auto dealerships and supporting uses on the Project Site ("Project"); and
WHEREAS, the Environmental Review Coordinator conducted an Initial Study in
accordance with the California Environmental Quality Act and determined that the Project could
potentially result in significant impacts; and
WHEREAS, revisions to the Project made by or agreed to by the Applicant would avoid
or mitigate the impact to a point where clearly no significant impacts would occur; and
WHEREAS, the 30-day public review and comment period, including the State
Clearinghouse review period for State agencies, for the Mitigated Negative Declaration closed on
November 14, 2003; and
WHEREAS, the Resource Conservation Commission held an advertised public hearing
on October 20, 2003, determined that the Initial Study was adequate, and voted to recommend
that the City Council adopt the Mitigated Negative Declaration and Mitigation Monitoring and
Reporting Program (IS-02-01 0) for Specific Plan (PCM-02-10); and
WHEREAS, the proceedings and all evidence introduced before the Resource
Conservation Commission at their public hearing held on October 20, 2003, and the minutes and
resolutions resulting therefrom, are hereby incorporated into the record of this proceeding; and
WHEREAS, the Planning Commission held an advertised public hearing on this Project
on April 28, 2004, and voted to recommend that the City Council adopt the Mitigated Negative
Declaration and Mitigation Monitoring and Reporting Program (IS-02-010) for Specific Plan (PCM-
02-10); and
WHEREAS, the proceedings and all evidence introduced on this Project before the
Planning Commission at their public hearing held on April 28, 2004, and the minutes and
resolutions resulting therefrom, are hereby incorporated into the record of this proceeding; and
WHEREAS, a duly called and noticed public hearing was held before the City Council on
May 18, 2004 on the Specific Plan application to receive the recommendations of the Planning
Commission and to hear public testimony with regard to the same; and
WHEREAS, the City Council at said hearing also took testimony, if any, and considered
the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista
does hereby find, determine and resolve for following:
/5- /3D
- -.---------------------.-.-- -
Resolution No.
Page 2
The City Council does hereby find that, in the exercise of their independent review and
judgment, the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program
(IS-02-010) for the requested Specific Plan for the Auto Park East Development have been
prepared in accordance with requirements of the Califomia Environmental Quality Act (CEQA),
the State CEQA Guidelines, and the Environmental Review Procedures of the City of Chula Vista,
and hereby adopts the Mitigated Negative Deciaration and Mitigation Monitoring and Reporting
Program (IS-02-010).
Presented by Approved as to form by
~~iJ. M
Laurie Madigan Ann oore ð
Community Development Director City ttorney
/'5-/3/
EXHIBIT A OF CITY COUNCIL RESOLUTION NO.-
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ORDINANCE NO. -
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
ADOPTING A SPECIFIC PLAN (PCM-02-10) FOR THE AUTO PARK EAST
EXPANSION (FRED BORST, BORST FAMILY TRUST, AND FASK LAND).
I. RECITALS
A. Project Site
WHEREAS, the areas of land, which are the subject of this Ordinance, are represented in
Exhibit "A' and for the purpose of general description herein consist of approximately 31 acres on
the south side of Main Street between Brandywine Avenue and Maxwell Road ("Project Site");
and
B. Project; Application
WHEREAS, on September 5, 2001, Fred Borst, Borst Family Trust, and Fask Land
("Developer") filed an application requesting the adoption of a Specific Plan (PCM-02-10) for the
development of auto dealerships and supporting uses on the Project Site ("Project"); and
C. Planning Commission Record on Applications
WHEREAS, the Planning Commission held an advertised public hearing on this Project
on April 28, 2004; and
WHEREAS, the Planning Commission recommended amending Specific Plan (PCM-02-
10), Section III. Development Standards, Subsection F. Landscaping, by requiring landscape
plans to be submitted to the Otay Valley Regional Park Citizens Advisory Committee for
comment; and
WHEREAS, the Planning Commission recommended that the trails easement alignment
be submitted to the to the Olay Valley Regional Park Citizens Advisory Committee for review prior
to final map approval; and
WHEREAS, the Planning Commission voted to recommend that the City Council adopt
the Amended Specific Plan (PCM-02-10); and
WHEREAS, the proceedings and all evidence introduced on this Project before the
Planning Commission at their public hearing held on April 28, 2004, and the minutes and
resolutions resulting therefrom, are hereby incorporated into the record of this proceeding; and
D. City Council Record on Applications
WHEREAS, a duly called and noticed public hearing was held before the City Council on
May 18, 2004 on the application and to receive the recommendations of the Planning
Commission and to hear public testimony with regard to the same.
II. The City Council does hereby ordain as follows:
The City Council does hereby adopt Auto Park East Specific Plan (PCM-02-10), attached
hereto (Exhibit "B") and Incorporated herein as though set forth in full, finding that the proposed
automobile sales and supporting land uses are permitted by the implementing zone and therefore
consistent with the General Plan and would implement the Auto Park expansion program of the
15-/3~
-----....- .-.------- - ..___.__n..._._--
Ordinance No.
Page 2
Redevelopment Plan for the Otay Valley Road Redevelopment Project Area, and that the public
necessity, conveniences, general welfare, and good zoning practice supports its approval and
implementation.
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 Ordinance shall be deemed to
be automatically revoked and of no further force and effect ab initio.
IV. Adoption of this Ordinance (Second Reading) is conditioned upon the approval by the
Redevelopment Agency of the City Of Chula Vista of an Owner Participation Agreement between
the Developer and the Redeveiopment Agency.
V. This ordinance shall take effect and be in full force on the thirtieth day from and after the
approval of an Owner Participation Agreement, which shall occur as stated above.
Presented by Approved as to form by
~Lbf+ 1M
Laurie Madigan
Community Development Director A~ At~~::ey
/5-/3Lf
EXHIBIT A OF CITY COUNCIL ORDINANCE NO. -
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EXHIBIT A OF CITY COUNCIL ORDINANCE NO.
CITY OF CHULA VISTA
AUTO PARK EAST SPECIFIC PLAN
(PCM-O2-10)
Adopted by:
City of Chula Vista
City Council and Redevelopment Agency
Adoption Date:
I 5- /3~
TABLE OF CONTENTS
I. INTRODUCTION PAGE 1
A. Purpose Page 1
B. Statutory Authority Page 1
C. Relationship to Other Plans and Policies Page I
D. Specific Plan Objectives Page 1
E. Site Location Page 2
F. Surrounding Uses Page 2
G. Site Characteristics Page 2
H. Issues and Opportunities Page 2
I. Development Concept Page 3
II. LAND USE REGULATIONS PAGE 4
A. Permitted Land Uses and Distribution Page 4
B. Prohibited Uses Page 5
C. Outdoor Uses Prohibited - Exceptions Page 5
III. DEVELOPMENT STANDARDS PAGE 6
A. Lot Configuration Page 6
B. Lot Coverage/Floor Area Page 6
C. Height Page 6
D. Building Setbacks Page 6
E. Parking Page 6
F. Landscaping Page 6
G. Signs Page 7
H. WaIlsJFences Page 7
I. Trail Easement Page 7
IV. DESIGN GUIDELINES PAGE 8
V. PERFORMANCE STANDARDS AND CONDITIONS PAGE 8
A. Hours of Operation Page 8
B. Promotional Displays and Events Page 8
C. Outdoor Speakers and Pagers Page 8
D. Carwash Facilities Page 8
E. Facility Maintenance Page 8
F. Rideshare Incentives Page 8
G. Lighting Page 9
VI. INFRASTRUCTURE AND SERVICES PAGE 10
A. Water Page 10
B. Wastewater Page 10
C. Storm Water and Drainage Page 10
D. Solid Waste and Recycling Page 10
E. Energy Page 10
F. Streets and Circulation Page 11
VII. IMPLEMENTATION PAGE 12
VIII. ENVIRONMENTAL REVIEW PAGE 13
IX. AMENDMENTS TO THE SPECIFIC PLAN PAGE 13
X. AUTO DEALER ASSOCIATION PAGE 13
XL ENFORCEMENT PAGE 13
/5-/37
Auto Park East Specific Plan (PCM-02-10)
I. INTRODUCTION
A. Purpose
The Auto Park East Specific Plan, ("Project"), is a policy and regulatory tool that will guide the
development of the Project site using a focused development scheme. It provides a bridge between
the broad policies of the General Plan and the detailed development objectives for the site. This
Specific Plan supercedes the applicable zoning provisions for the site by establishing land use and
development regulations that are specifically adapted to the proposed development of the Project
site. The provisions of this Specific Plan are intended to be responsive to constraints and
opportunities on the site and the objectives of the Project while implementing adopted policy.
The Auto Park East Specific Plan has been prepared to plan and implement the easterly expansion of
the Chula Vista Auto Park, ("Auto Park"), on Main Street in the City of ChuIa Vista. The guiding &
rationale behind this Specific Plan is to ensure the orderly and viable development of the Project site
and the implementation of the policies of the General Plan and the Otay Valley Road Redevelopment
Project Area. The comprehensive and coordinated development of the easterly expansion of the
Auto Park will benefit the City and the Otay Valley Road Redevelopment Project Area by removing
blight and facilitating new development that will expand commercial opportunities and the
employment base.
B. Statutory Authority
The Auto Park East Specific Plan is adopted by ordinance in accordance with Chapter 19.07,
Specific Plans, of Title 19, Zoning, of the Chula Vista Municipal Code and Sections 65450-65457 of
the California Government Code. Chapter 19.07 adopts and incorporates the Government Code
Sections 65450-65457 by reference as though set forth in full.
C. Relationship to Other Plans and Policies
.--
The Auto Park East Specific Plan implements the broad policies of the General Plan and the
Redevelopment Plan for the Otay Valley Road Redevelopment Project Area by establishing
pennitted land uses, development standards, design guidelines, and entitlement processes for the
expansion of the Chula Vista Auto Park. This Specific Plan supersedes the zone regulations for the
Project site. Where in conflict with the Chula Vista Municipal Code, this Specific Plan shall apply;
and where this Specific Plan does not address a topic, the Chula Vista Municipal Code and other
applicable policies and regulations shall apply.
D. Specific Plan Objectives
The primary objectives of the Auto Park East Specific Plan are:
1. The expansion of the existing Auto Park to create a regional destination automobile sales and
service park with supporting uses.
2. A distinct identity for the Auto Park and a thematic link to other attractions in the Otay
Page 1 of 13
5-/3ð'
.-. ------- ---------- --. ..---.-- .--
Auto Park East Specific Plan (PCM-O2-1O)
Valley through the Main Street Streetscape Master Plan.
3. The comprehensive and coordinated development, operation, and maintenance of the Project
site.
4. An improved image of the Main Street corridor and adjacent land uses.
5. The provision of all necessary infrastructure, services, and facilities at the time of need.
E. Site Location
The Auto Park East Specific Plan site is located along Main Street within the City of Chula Vista,
approximately one half mile east of Interstate 805. The Project site consists of approximately 31
acres on the south side of Main Street to the east of Brandywine Avenue and to the west of Max well
Road.
F. Surrounding Uses
Immediately adjacent land uses include the existing Auto Park to the west, the Auto Park North
expansion site and industrial parks to the north (across Main Street), and the Otay Valley Regional
Park and Otay River to the south and east. Miscellaneous industrial and commercial uses are located
along the Main Street corridor along with open space related to the Otay River Valley. The Otay
Landfill is located to the northeast of the Project site; the Coors Amphitheater and Knott's Soak City
are located to the east.
G. Site Characteristics
The Project site includes approximately 31 acres on the south side of Main Street with approximately
2,910 feet of frontage along Main Street and a maximum depth of approximately 600 feet. The site
was previously developed and used for agricultural purposes and also included the former City
Animal Shelter, which was demolished in 2002. The site has been stocked with imported filI under
an uncontrolIed embankment pennit.
H. Issues and Opportunities
The relative shallow depth of the site and its extensive frontage along a Prime Arterial Street could
result in design and access issues for future development. The prime arterial designation for Main
Street presents the need to carefully consider suitable types ofland use for the site. However, these
same attributes present opportunities for appropriate types of land uses such as the proposed Auto
Park East expansion. The Specific Plan addresses these and other issues and opportunities through
land use, development regulations, and design standards.
1. Issues
a. The relatively shalIow depth of the site is a development consideration and a potential design
constraint.
b. The adjacency of the site to the Otay Valley Regional Park and habitat could affect the types
of appropriate uses and operations that could be allowed on portions of the site.
Page 2 of 13
I $- 13'7
Auto Park East Specific Plan (PCM-02-1O)
c. Main Street is designed as a prime arterial intended to move large volumes of traffic at
relatively high speeds with minimal access.
d. Key intersections and the Main Street corridor east of Interstate 805 lack identity and the
existing streetscapes have no unifying theme.
2. Opportunities
a. The planned development of the site will provide for an appropriate use of the under-utilized
property and further the redevelopment objectives of the Otay Valley Road Redevelopment
Project Area.
b. Comprehensive planning and design will result in efficient circulation, safe access, and the
effective use of infrastructure and other improvements.
c. There are adequate public facilities and services that now exist or that can be easily provided
to serve the site.
d. The relatively great distances between the site and the nearest residential developments serve
as effective buffers of uses and activities on the site, including light and noise.
e. Key intersections can be used to create focal points, and this segment of Main Street can be
unified under one streetscape and landscape theme.
f. Close proximity to Interstate 805, the water park, the amphitheater, the planned regional
park, and other potential land use attractions in the Otay Valley create the opportunity to
develop a coordinated theme and image for the Main Street corridor.
I. Development Concept
The Chula Vista Auto Park is intended to be a regional automobile sales and service destination
located within the Otay Valley Road Redevelopment Project Area. The existing 24-acre Auto Park
was constructed in 1991-1995. The Auto ParkNortbexpansion was approved in June 2003 and will
add approximately 39 acres to the Auto Park. The Auto Park East expansion will add approximately
31 acres to the Auto Park for a total of approximately 94 acres.
The Auto Park East Specific Plan would allow new car dealerships on at least 75 percent of the site.
The Specific Plan would allow the construction of at least 200,000 square feet of dealership
buildings, not including parking structures. The floor area for these buildings would vary depending
on the development proposals submitted for individual dealerships. These buildings would typically
include showrooms, offices, service stations, and parts departments. Up to 25 percent of the site
could be developed with supporting uses such as automotive repair and supply, service station, car
wash, and restaurants.
The development concept is illustrated in Exhibit "A."
Page3 of 13
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Auto Park East Specific Plan (PCM-O2-1O)
II. LAND USE REGULATIONS
A. Permitted Land Uses and Distribution
The Auto Park East Specific Plan allows the development of new automobile sales dealerships and
supporting uses. The following are the uses pennitted within the Auto Park East Specific Plan:
1. Automobile Sales. Automobile, as used in this Specific Plan, shall mean passenger cars,
light trucks, and motorcycles. Automobile sales uses shall occupy at least 75 percent of the
gross Project area and at least 60 percent of the Project frontage along Main Street.
a. Retail sales, leasing, and display of new automobiles;
b. Fleet sales and wholesaling of new automobiles when incidental to on-site retail sales of
new automobiles;
c. Retail sales, leasing, and display of used automobiles when incidental to on-site retail
sales of new automobiles and not exceeding 50 percent of total inventory;
d. Automobile rentals when incidental to on-site retail sales or service of automobiles;
e. Automobile inventory parking when incidental to on-site retail sales of automobiles;
f. Automobile service, maintenance, and repair (including body repair) when incidental to
on-site retail sales of new automobiles.
g. Ancillary customer services within dealership buildings, including but not limited to
business centers and food services.
2. Automobile Inventory Parking (not an incidental use). Automobile Inventory Parking shall
not occupy more than 25 percent of the gross Project area and no more than 40 percent of the
Project frontage along Main Street.
3. Supporting Uses (not an incidental use). Supporting uses shall not occupy more than 25
percent of the gross Project area and no more than 40 percent of the Project frontage along
Main Street.
a. A TV Sales and Service
b. Automobile Accessories Sales, Installation, and Service
c. Automobile Glass Repair
d. Automobile Glass Tinting
e. Automobile Parts Sales
f. Automobile Upholstery
g. Automobile Audio and Video Sales, Installation, and Service
h. Automobile Detailing
i. Automobile Service Station, with or without convenience store
Page 4 of 13
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Auto Park East Specific Plan (PCM-02-1O)
j. Car Rental
k. Car Washing
1. Auto Body Collision Repair
m. Custom Wheels / After Market Specialty Wheels
n. Office
o. Restaurant / Deli
p. RV Sales, Parts, and Service
q. Tire Sales, Installation, and Service
r. Truck Rental and Trailer Rental
4. Accessory Uses and Structures. Accessory uses and structures that are appurtenant to the
above pennitted uses, provided that such uses and structures are screened from public view
or incorporated into the architecture and design of this Specific Plan and subsequent
development plans.
B. Prohibited Uses
Any use not expressly pennitted by this Specific Plan or its amendments is prohibited.
C. Outdoor Uses Prohibited - Exceptions
Outdoor uses and storage are prohibited, and all pennitted uses shall be conducted within completely
enclosed buildings, except for the following:
1. Automobile display.
2. Automobile inventory parking.
3. Parking and loading facilities.
4. Dining.
5. Promotional displays and events pursuant to Section V.B.
Page 5 of 13
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Auto Park East Specific Plan (PCM-O2-10)
III. DEVELOPMENT STANDARDS
A. Lot Configuration
1. Lot Size (min.): 10,000 square feet.
2. Lot Width (min.): 100 feet.
3. Lot Depth (min.): 100feet.
B. Lot Coverage/Floor Area
The maximum lot coverage shall not exceed 50 percent. The cumulative floor area for automobile
sales uses shall not exceed 200,000-square feet or any square footage that would result in total
average daily trips (ADT) in excess of 10,000 in Project traffic generation, unless demonstrated that
total ADT for the Project site will not exceed 23,170. The cumulative floor area for supporting uses
shall not exceed any square footage that would result in total ADT in excess of 13,170 in Project
traffic generation. Parking structures shall not be counted towards the maximum floor area allowed
on the Project site.
C. Height
The maximum height of buildings and other structures shall not exceed 45 feet, except for
architectural features and other exceptions as provided in the Chula Vista Municipal Code.
D. Building Setbacks
1. Main Street Setback: 30 feet.
2. Southern Project Boundary Setback: 60 feet.
a. Top of Slope Setback: 30 feet in addition to the required 60-foot setback.
b. Top of Wall Setback: -0- feet.
3. All Other Setbacks: 10 feet.
E. Parking and Loading
Off-street parking and loading shall be provided pursuant to the provisions of the Chula Vista
Municipal Code. On-street parking shall be allowed, except along Main Street.
F. Landscaping
A minimum of I 5 percent of the Project site shall be landscaped. Lots shall be landscaped to a depth
of at least! 0 feet along property lines, except for approved driveways, parking areas, display areas,
Page 6 of 13
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Auto Park East Specific Plan (PCM-02-10)
loading areas, and other approved facilities. Landscaping consisting of noninvasive and/or native
plant materials, including trees, shrubs, and ground cover, shall be installed and maintained along the
southern Project boundary on all manufactured slopes and walls. Landscape plans shall be consistent
with the Design Guidelines (Section IV) and shall be submitted with the required development plans
to the Design Review Committee for design review approval (Section VII) and also to the Otay
Valley Regional Park Citizens Advisorv Committee for comment.
G. Signs
In addition to the following specific requirements, the Chula Vista Municipal Code provisions
regulating signs shall apply to signs within the Auto Park East Specific Plan.
1. A planned sign program shall be prepared for each parcel and shall be submitted with the
required development plans to the Design Review Committee for design review (Section
VII). Planned sign programs shall be consistent with the Design Guidelines (Section IV).
The Design Review Committee shall consider only architectural compatibility of the sign
structures, and non-communicative aspects of the signs, such as location, size, height,
orientation, lighting, etc., and shall not consider the graphic design or message on the sign
face.
2. All planned sign programs shall incorporate by reference all of the provisions of the Chula
Vista Municipal Code, Chapter 19.60, Signs.
3. Signs within the California Department of Transportation ("Caltrans") jurisdictional areas
shall be subject to approval by Caltrans.
H. WallslFences
Walls along the southern Project boundary shall be screened with barrier plantings and/or incorporate
landscape planters or pockets that use noninvasive and/or native plant materials, including trees,
shrubs, and ground cover. A post and rail fence (per City Standard) shall be installed within the
southern Project boundary. Other walls and fences may be pennitted pursuant to the provisions of
the Chula Vista Municipal Code. Wall and fence plans shall be consistent with the Design
Guidelines (Section IV) and shall be submitted with the required development plans to the Design
Review Committee for design review (Section VII).
I. Trail Easement
A IS-foot wide trail easement shall be provided within the southerly Project boundary to allow for
the potential construction, operation, and maintenance of a trail serving the Otay Valley Regional
Park. The easement shall be provided as an assignable irrevocable offer of dedication in favor of the
City.
Page 7 of 13
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Auto Park East Specific Plan (PCM-O2-10)
IV. DESIGN GUIDELINES
The City of Chula Vista Design Manual and Landscape Manual and the Main Street Streetscape
Master Plan shall apply to the Auto Park, including individual parcels. The landscape design of
individual parcels shall also be consistent with the approved landscape design of the existing Auto
Park. Improvements and landscaping in the Main Street right-of-way and adjacent setbacks shall be
consistent with the Main Street Streetscape Master Plan.
V. PERFORMANCE STANDARDS AND CONDITIONS
The perfonnance standards of the Chula Vista Municipal Code shall apply to land uses in the Auto
Park. In addition, the following standards and conditions of operation shall apply to land uses in the
Auto Park.
A. Hours of Operation
The hours of operation/business hours shall be limited to 6:00 a.m. to 12:00 a.m. The hours of
operation for collision repair facilities shall be limited to 7:00 a.m. to 7:00 p.m.
B. Promotional Displays and Events
Promotional displays and events (Including signs listed in Section III.G.3.) may be allowed for each
dealership up to 120 days each calendar year subject to the review and approval of plans by the
Zoning Administrator.
C. Outdoor Speakers and Pagers
The use of outdoor speakers, intercoms, sound systems, and audible pagers shall be prohibited.
D. Carwash Facilities
Car washing shall only be allowed at approved carwash facilities. Carwash facilities shall include
water recycling, and runoffi'pollution prevention features.
E. Facility Maintenance
Facilities, grounds, and appurtenant off-site improvements, including buildings, structures, signs,
landscaping, irrigation, parking lots, streets, medians, parkways, slopes, and drainage systems shall
be maintained as provided in the covenants, conditions, and restrictions (Section X).
F. Rideshare Incentives
Businesses shall provide employees with rideshare or alternative commuting incentives. Preferential
parking shall be provided for carpools and vanpools.
Page 8 of 13
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Auto Park East Specific Plan (PCM-O2-10)
G. Lighting
Lighting plans shall be consistent with the Mitigation Monitoring and Reporting Program, and
include the use of minimal lighting levels, directed lighting, shielded fixtures, and low pole/standard
heights. Non-security lighting shall be turned offby 12:00 a.m.
Page 9 of 13
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Auto Park East Specific Plan (PCM-02-10)
VI. INFRASTRUCTURE AND SERVICES
A. Water
A Water Conservation Plan (WCP) shall be prepared for each parcel prior to the issuance ofbuilding
pennits.
B. Wastewater
Sewer service to the Project site is provided by the City, which operates and maintains its own
wastewater collection system, which connects to the City of San Diego Metropolitan Sewer System.
A sewer study/analysis shall be prepared for all development within the Project. Any necessary
easements for the installation, operation, and maintenance of sewer facilities shall be provided. A
sewage participation fee and other applicable sewer fees shall be paid at the time of connection to the
public sewer.
C. Storm Water and Drainage
All development shall comply with the City of Chula Vista Stonn Water Management Standards
Requirements Manual and shall employ Best Management Practices (BMPs) to prevent pollution of
the stonn water conveyance systems, both during and after construction. In addition, all
development shall comply with the requirements of the National Pollution Discharge Elimination
System (NPDES) Municipal Pennit, including Standard Urban Stonn Water Mitigation Plans
(SUSMP) and Numeric Sizing Criteria. A Stonn Water Pollution Prevention Program (SWPPP)
shall be implemented concurrently with the commencement of any grading activities in the Project
area.
D. Solid Waste and Recycling
All development plans shall provide recycling and trash enclosures with sufficient capacity to
provide for the separate collection of trash, mixed paper, rigid container, and yard waste generated by
each business with not more than five weekly collection stops per material per week. Enclosures
shall be sized pursuant to the Recycling and Solid Waste Plan Guide. A solid waste and recycling
plan for each business shall be submitted to the Special Operations Manager for review and approval
prior to issuance of building pennit. Automotive businesses may take part in the City sponsored
State Certified Used Oil and Filter Drop Off Program.
E. Energy
An Air Quality Improvement Plan (AQIP) shall be prepared for each parcel prior to the issuance of
building pennits.
Page 10 of 13
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Auto Park East Specific Plan (PCM-02-10)
F. Streets and Circulation
Main Street is designated as a prime arterial. The development of the Project site and appurtenant
off-site facilities shall be consistent with the standards and specifications for this roadway
classification, unless otherwise modified by appropriate action.
Intersections at Main Street shall be fully signalized. Variations of this requirement, such as right-in-
only and/or right-out-only intersections shall be subject to the approval of the City Engineer. Street
alignments and intersections shall be considered and coordinated with the alignments and
intersections of streets on the north side of Main Street.
Driveway access shall not be allowed along Main Street. The numbers and locations of driveway
approaches shall be minimized and shared whenever feasible. Reciprocal access shall be provided
between all parcels. Private streets and driveways with reciprocal access shall be allowed in addition
to or in lieu of public streets, subject to approval of the City Engineer. Internal circulation and
access shall be provided between the easterly tenninus of Auto Park Drive and Maxwell Road at
Main Street. On-street parking shall be allowed within the Project boundaries.
Public transit improvements shall be integrated into the Project design as detennined by the
responsible transit agencies. These improvements may include, but are not limited to, bus turnouts,
shelters, and benches. Pedestrian, bicycle, and other transportation modes shall be accommodated as
appropriate or required within the public right-of-way and on individual lots. All improvements
shall meet ADA requirements for parking and accessibility.
Page 11 of 13
IS-/y.~
Auto Park East Specific Plan (PCM-02-10)
VII. IMPLEMENTATION
A. Applications and Plans
The City's review of applications and plans shall be governed by the provisions of this Specific Plan,
any existing or future agreements, the adopting ordinances and resolutions, and applicable federal,
state, and local ordinances.
B. Modifications
Modifications to provisions of this Specific Plan may be made by the Zoning Administrator upon
findings of substantial confonnance with this Specific Plan. If the Zoning Administrator is unable to
make findings of substantial confonnance, then an amendment of this Specific Plan may be proposed
(Section IX).
C. Design Review
Development plans for individual parcels shall be submitted to the Design Review Committee for
review and approval pursuant to the design review process of the Chula Vista Municipal Code and
prior to the issuance of building pennits for the parcel.
D. Off-Site Improvements
All required off-site improvements, including, but not limited to landscaping, medians, parkways,
streets, sidewalks, curbs and gutters, streetlights, traffic signals, signs, utilities, and other facilities,
services, and infrastructure, shall be completed prior to issuance of certificate of occupancy.
E. Compliance
All land divisions and consolidations, improvement plans, grading plans, landscape plans, and
building plans shall comply with local, state, and federal codes, regulations, standards, and
guidelines; this Specific Plan; and any existing or future agreements.
F. Owner Participation Agreement
A master Owner Participation Agreement (OPA) shall be required for the implementation of the
Auto Park East Specific Plan.
Page 12 of 13
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Auto Park East Specific Plan (PCM-02-1 0)
VIII. ENVIRONMENTAL REVIEW
A Mitigated Negative Declaration (MND) has been prepared for the Auto Park East Specific Plan,
pursuant to the California Environmental Act (CEQA), rIDding that the Project with mitigation will
not create significant environmental impacts. This environmental document shall be considered
adequate and no other environmental review shall be required for subsequent development plans,
provided the plans are in confonnance with the Auto Park East Specific Plan. The project revisions
and/or mitigation measures contained in the Mitigation Monitoring and Reporting Program (MMRP)
shall be implemented by the Project and, where in conflict with the provisions of the Specific Plan or
other applicable policies, the MMRP shall apply.
IX. AMENDMENTS TO THE SPECIFIC PLAN
The Auto Park East Specific Plan may be amended pursuant to applicable state and local laws, codes,
and regulations.
X. AUTO DEALER ASSOCIATION
An auto dealer association shall be established and maintained for the duration of the Project. All
auto dealerships within the Auto Park East Specific Plan shall be required to maintain membership at
all times with the association. Articles of incorporation, by-laws, and covenants, conditions, and
restrictions (CC&R's) shall be prepared and submitted to the Redevelopment Agency for review and
approval and shall take effect prior to occupancy.
The CC&R's shall include provisions for the maintenance and operation of dealerships and all other
land uses, including appurtenant rights-of-way and off-site facilities. These provisions shall include
maintenance standards for buildings, structures, signs, landscaping, irrigation, parking lots, private
streets, medians, parkways, slopes, drainage systems, and all other infrastructure.
XI. ENFORCEMENT
The provisions of the Auto Park East Specific Plan shall be enforced pursuant to the provisions for
enforcement contained in the Chula Vista Municipal Code.
Page 13 of 13
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EXHIBIT A OF SPECIFIC PLAN PCM-O2-10
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I 5.- I S I
National Immigration Forum: Current Issues: The Clear Act and Its Senate Cou... Page 1 of 3
Current Issues
Press Releases & The CLEAR Act and Its Senate Counterpart I
Statements
Events & Training Since the September 11 th terrorist attacks, state and local police
nationwide have had to respond to new homeland security mandates Printer-Friendlj
Publications & while seeing their staff dwindle due to budget crises. Congress is
Resources considering throwing yet another sweeping mandate at state and local
governments, by requiring local police to add federal immigration law
Special Projects & enforcement to their already long list of responsibilities.
Campaigns
Center for the New Representative Charles Norwood (R-GA) has introduced the Clear Law
Enforcement/or Criminal Alien Removal (CLEAR) Act, H.R. 2671, and
American Community Senator Jeff Sessions has introduced a similar measure (the Homeland
Security Enhancement Act, S. 1906). These bills require state and locai
About Us police to enforce federal, civil immigration laws. This means that local
police would now be charged with investigating students who have
Support the Forum dropped from full-time to part-time status, Individuals who have remained
Site Map in the U.S. longer than the date on their tourist visa allows, or businesses
that have hired immigrants without legal papers.
Home
Not only will this shift in priorities mean local police have less time for
their main missions (crime-solving and prevention), but it will actually
make their job much harder. Experience tells them that when immigrants
begin to see local police as agents of the federal government, with the
power to deport them or their family members, they are less likely to
approach local law enforcement with tips on crimes or suspicious
activity. Just last year the Justice Department attempted a similar
proposal and was stopped in its tracks, as scores of police departments
loudly and forcefully opposed such a policy, primarily for its dramatic and
dangerous public safety consequences.
No police officer wants to know that criminals are on the loose simply
because their victims are afraid to speak up and report the crimes. We
urge you to remind Congress that the real experts in keeping our streets
and communities safe are local police, and that asking them to enforce
civil immigration laws takes them away from their primary mission.
Take Action Now
We encourage interested organizations to design anti-CLEAR Act
campaigns using the materials below. But individuals can also make an
impact! Using a web site from the American Immigration Lawyers
Association, you can easily and quickly voice your concerns about this
legislation to your members of Congress and the President.
Background
. Conservatives and Cops Agree: The CLEAR Act and Its Senate
Companion Are Bad Public Policy (National Immigration Forum,
4/30/04).
/ð-(
http://www,immigrationforum.org/currentissues/clear.htm 5/10/04
National Immigration Forum: Current Issues: The Clear Act and Its Senate Cou... Page 2 of 3
. No Need for the CLEAR Act: Building Capacity for Immigration
Counterterrorism Investigations (Heritage Foundation, 4/21/04).
. CRS Report for Congress: Enforcing Immigration Law: The Role
of State and Local Law Enforcement (Congressional Research
Service, 3/11/04).
. Our New Federalism: Broad Based Concern About Local Law
Enforcement of Federal Immigration Laws (Lawyers Committee
for Human Rights, 12/03)
. State and Local Enforcement of Federai Immigration Law
(American Immigration Lawyers Association, 11/03)
. Aplicaci6n a nivei estatal y local de ¡as leyes federales de
inmigraci6n (American Immigration Lawyers Association, 11/03)
. Backgrounde~ Immigration Law Enforcement by State and Local
Police (National Immigration Forum, 9/03)
. Immigration Enforcement by Local Police: The Impact on the Civil
Rights of Latinos (National Council of La Raza, 2/03)
. Justice Department Seeks New Role for State and Local Police:
Immigration Law Enforcement (National Immigration Forum in
Refugee Reports, 8/02),
Proposed Legislation - Summaries and Talking Points
. Talking Points - The CLEAR Act and Senate Companion
(National Immigration Forum, 1/04)
. Summary of the Homeland Security Enhancement Act, S. 1906
(National Immigration Law Center, 1/04)
. Talking Points - Title II of the Homeland Security Enhancement
Act, S.1906 (National Council of La Raza and National
Immigration Law Center, 1/04)
. Summary of CLEAR, H.R. 2671 (Lutheran Immigration and
Refugee Service, 8/03)
. Summary of CLEAR, H.R. 2671 (National Immigration Law
Center, 7/31/03)
Advocacy Materials
. Organizations Opposed to Local Enforcement of Immigration
Laws (National Immigration Forum, 4/04)
. Organizations Opposed to the CLEAR Act and Senate
Companion (National Immigration Forum, 4/04)
. Quotes from Police, Local Governments, and Others (National
Immigration Forum, 4/04)
/g~;)-
http://www.immigrationforum.org/currentissues/clear.htm 5/10/04
National Immigration Forum: Current Issues: The Clear Act and Its Senate Cou... Page 3 of 3
. Contact Information for Key Members of Congress (National
Immigration Forum, 1/04)
. Sample Action Aiert (Hate Free Zone, 1/04)
. Advocacy Materiais for Advocates Who Work with Victims of
Gender and Domestic Violence (National Immigration Project of
the Nationall,.awyers Guild)
Letters Opposing the CLEAR Act
. Letter from the Hispanic American Police Command Officers
Association (10/21/03)
. Letter from the Newark, Califomia, Police Department (10/02/03)
. Letter from the Federal Hispanic Law Enforcement Officers
Association (9/30/03)
. Letter from the National Association of Counties (9/30/03)
. Letter from National and Local Domestic Vioience Groups
(9/30/03)
. Letter from the Boston, Massachusetts, Police Department
(9/30/03)
. Letter from Americans for Tax Reform and the American
Conservative Union (9/22/03)
. Letter from the California Police Chiefs Association (9/19/03)
. Sign-on letter from broad range of 200 national and local groups
(9/16/03)
. Letter from 54 members of the California state legisiature
(9/12/03)
. Letter from District of Columbia Council Member Adrian Fenty
(9/5103)
. Letter from the Lenexa, Kansas, Police Department (8/26/03)
@ Copyright 2003. The National Immigration Forum. All Rights Reserved.
1'6 -3
http://www.immiqrationforum.orq/currentissues/clear.htm 5/10/04
------..,
California Police Chiefs Association Opposition to CLEAR Act Letter
National Immigration Forum 50 F Street NW. Su~e 300 Washington. DC 20001
(202) 347-0040 fax (202)347-0058 www.immigrationforum.org
/8, ~