HomeMy WebLinkAboutAgenda Packet 1998/05/26
"I d&~rare under pena:ty of pE!f'Íury -thet I am
em~loyed by the ï.' ~f Chu:a Vista in the
Of.fice of the eil; lAcr:! and that I posted
this Age~da/Notice on the Bulletin Board at .
Tuesday, May 26, 1998 the Pu~p.es Building and C't H II CouncIl Chambers
6:00 p.m. DATED /,,:"'- SIGNED Y a Qn.. fublic Services Building
Re2Ular Meetin2 of the Citv of Chula ista Citv mcil
CALL TO ORDER
1. ROLL CALL: Council members Moot_, Padilla_, Rindone_, Salas_, and Mayor Horton_.
2. PLEDGE OF ALLEGIANCE TO THE FLAG, MOMENT OF SILENCE
3. APPROVAL OF MINUTES: May 18, 1998 (Special Joint Meeting/Workshop of the City Council,
Growth Management Oversight Commission, and Planning Commission).
4. SPECIAL ORDERS OF THE DAY: None submitted.
CONSENT CALENDAR
(lrems 5 (hrou!:" 14)
The staff recommendnlions regarding the following items listed under the Consent Calendar will be enacted by
the Council by one motion without discussion unless a Councilmember, a member of the public, or City staff
requests Ihallhe item be pulled for discussion. If you wish 10 speak on one of these items, please fill out a
"Requesllo Speak Form" available in the lobby and submit it 10 the City Clerk prior 10 the meeting. Ilems pulled
from the Consent Calendar will be discussed after Board and Commission Recommendalions and Aclion Items.
Items pulled by the public will be the first items of business.
5. WRITTEN COMMUNICATIONS:
A. Letter from the City Attorney stating that to the best of his knowledge from observance of
actions taken in Closed Session on S/]9/98, that there were no reportable actions under the
Brown Act to he reported. It is recommended that the letter be received and filed.
6. RESOLUTION ]9002 APPROV]NG A SPECIFIC SITE PLAN FOR TWO ART PIECES AT
BAYSIDE PARK FOR POTENTIAL PURCHASE AND INSTALLATION BY THE SAN DIEGO
UNIFIED PORT DISTRICT PUBLIC ART PROJECT - On December 17, 1996. Council approved the
selection of two outdoor sculptures for potential purchase and installation by the San Diego Unified Port
District through the Port's Public Art Program. The two proposed art pieces are "The Wave" by Ron
Jermyn and "Wind and Sea" by Scott Hanson. Council also approved three optional installation sites (the
terminus of "F" Street; Bayside Park; and the southwest comer of the "J" Street Marina). Staff presented
the selected pieces and the optional installation sites to the San Diego Unified Port District's Public Art
Committee at their meeting on June 4, 1997. Stall recommends approval of the resolution. (Library
Director and Director of Community Development)
7. RESOLUTION ]9003 APPROPRIATING UNANTICIPATED REVENUES FROM THE CENTRAL
GARAGE FUND TO THE 1997/98 CENTRAL GARAGE BUDGET FOR REPAIR WORK TO
V ARIOUS TRUCKS AND SEDANS - Unanticipated repair work has been done on various trucks and
sedans in the City's fleet and the Central Garage has received funds t"r these repairs. In addition, the
Central Garage has been reimbursod for repairs accomplished at the coquost of insurance companies for
damage to City property caused by their clients. Revenues I"r these repairs have accumulated in the
Central Garage Fund. An appropriation is required sO that the Central Garage has the authority to spend
these funds in the current fiscal year I"r ongoing activities. Staff recommends approval of the resolution.
(Director of Public Works) 4/Sth's vote required.
Agenda -2- May 26, 1998
8. RESOLUTION 19004 APPROVING THE DESIGNATION OF THE DEPUTY PUBLIC WORKS
DIRECTOR/CITY ENGINEER AS THE POSITION AUTHOR]ZED TO EXECUTE FOR AND ON
BEHALF OF THE CITY ALL APPLICATIONS AND REQUESTS FOR REIMBURSEMENT FOR
THE PURPOSE OF OBTAINING CERT AIN FEDERAL FINANCIAL ASSISTANCE UNDER THE
PUBLIC ASSISTANCE PROGRAM, P.L. 93-288 AS AMENDED BY THE ROBERT T. STAFFORD
DISASTER RELIEF AND EMERGENCY ASSISTANCE ACT OF 1988, AND/OR STATE
FINANCIAL ASSISTANCE UNDER THE NATURAL DISASTER ASSISTANCE ACT - The Public
Assistance Program, which is funded hy the Federal Emergency Management Agency (FEMA), is
administered by the State of California Governor's Office of Emergency Services (OES). This program
assists cities in recovering from federally declared disasters. Following President Clinton's major disaster
declaration for the region, engineering staff started working with FEMA and OES staffs on an application
process to compensate the City for all eligible damage costs associated with the EI Nino tloods of 1998.
Staff recommends approval of the resolution. (Director of Public Works)
9. RESOLUTION 19005 INTENTION TO VACATE A PORTION OF AN ALLEY NORTH OF THE
PROPERTIES LOCATED AT 3080/3082 AND 3084 MAIN STREET AND SETTING A DATE AND
TIME FOR PUBLIC HEARING THEREON - A request has been received to vacate a portion of an
alley north of the properties located at 3080/3082 and 3084 Main Street. In accordance with the State
Street and Highways Code, Council must adopt a resolution of intention setting a public hearing in order
to consider the vacation request. Staff recommends approval of the resolution and setting a public hearing
for June 23, 1998 at 6:00 p.m. (Director of Public Works)
10. RESOLUTION 19006 APPROVING THE ENGINEER'S REPORTS FOR THE FISCAL YEAR
1998/99 SPREAD OF ASSESSMENTS FOR CITY OPEN SPACE DISTRICTS ]-9, 11, 14, 15, 17,
18, 20, 23, 24, 26, 3], 33, BAY BOULEVARD, AND TOWN CENTRE, DECLARING THE
INTENTION TO LEVY AND COLLECT ASSESSMENTS, AND SETTING JUNE 23,1998 AT 6:00
P.M. AND JULY 14, 1998 AT 6:00 P.M. AS THE DATES AND TIMES FOR THE PUBLIC
HEARINGS - The City administers 25 open space districts established over the last 25 years. The districts
provide the mechanism to finance the maintenance of common open space areas (canyons, trails, medians,
etc.) associated with and benefitting that particular development. As part of this process, a levy of an
armual assessment is necessary to enable the City to collect funds IÚ the proposed open space maintenance.
Staff recommends approval of the resolution. (Director of Public Works)
11. RESOLUTION 19007 APPROVING THE ENGINEER'S REPORT FOR THE FISCAL YEAR
1998/99 SPREAD OF ASSESSMENTS FOR CITY OPEN SPACE MAINTENANCE DISTRICT 10,
DECLARING THE INTENTION TO LEVY AND COLLECT ASSESSMENTS AND SETTING
JUNE 23, 1998 AT 6:00 P.M. AND JULY 14, 1998 AT 6:00 P.M. AS THE DATES AND TIMES
FOR THE PUBLIC HEARINGS - Based on the advice of the City Attorney, this item has been separated
due to conflict of interest concerns since two Councilmembers own property subject to the proposed
assessment in this district. Staff reconunends approval of the resolution. (Director of Public Works)
12. RESOLUTION 19008 APPROVING THE ENGINEER'S REPORT FOR THE FISCAL YEAR
1998/99 SPREAD OF ASSESSMENTS FOR EASTLAKE MAINTENANCE DISTRICT 1,
DECLARING THE INTENTION TO LEVY AND COLLECT ASSESSMENTS AND SETTING
JUNE 23,1998 AT 6:00 P.M. AND JULY ]4, 1998 AT 6:00 P.M. AS THE DATES AND TIMES
FOR THE PUBLIC HEARINGS - Based on the advice of the City Attorney, the item has been separated
due to conflict of interest concerns since a Councilmember owns property subject to the proposed
assessment in this district. Staff recommends approval of the resolution. (Director of Public Works)
Agenda -3- May 26, 1998
l3.A. RESOLUTION 19009 APPROVING FINAL MAP OF TRACT NUMBER 98-02, EASTLAKE
SOUTH GREENS, UNIT 16, ACCEPTING ON BEHALF OF THE PUBLIC THE PUBLIC
STREETS EASEMENTS DEDICATED ON SAID MAP, REJECTING ON BEHALF OF THE CITY
THE OPEN SPACE LOTS GRANTED ON SAID MAP, ACCEPTING THE EASEMENTS
GRANTED ON SAID MAP WITHIN SAID SUBDIVISION, AND APPROVING THE SUBDIVISION
IMPROVEMENT AGREEMENT FOR THE COMPLETION OF IMPROVEMENTS REQUIRED
BY SAID SUBDIVISION AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT
On July 18, 1989, Council approved the Tentative Subdivision Map for Tract 88-3, Eastlake South Greens;
and on February 10, 1998, Council approved the Tentative Subdivision Map t"r Tract 98-02 for Eastlake
South Greens, Unit 16. The two resolutions contain conditions of approval applicable to Eastlake South
Greens, Unit 16. Staff recommends approval of the resolutions. (Director of Public Works)
B. RESOLUTION 19010 APPROVING SUPPLEMENTAL SUBDIVISION IMPROVEMENT
AGREEMENT FOR TRACT 98-02, EASTLAKE SOUTH GREENS, UNIT 16, REQUffiING
DEVELOPER TO COMPLY WITH CERTAIN UNFULFILLED CONDITIONS OF RESOLUTIONS
NUMBER 15200 AND ]8887 AND AUTHORIZING THE MA YOR TO EXECUTE SAME
14.A. RESOLUTION 190]] APPROVING FINAL MAP OF TRACK NUMBER 98-03, EASTLAKE
SOUTH GREENS, UNIT 10, ACCEPTING ON BEHALF OF THE PUBLIC THE PUBLIC
STREETS DEDICATED ON SAID MAP, REJECTING ON BEHALF OF THE CITY THE OPEN
SPACE LOTS GRANTED ON SAiD MAP, ACCEPTING THE EASEMENTS GRANTED ON SAID
MAP W]THIN SAID SUBDIVISION, AND APPROVING THE SUBDIVISION IMPROVEMENT
AGREEMENT FOR THE COMPLETION OF IMPROVEMENTS REQUffiED BY SAID
SUBDIVISION AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT On July
18, 1989, Council approved the Tentative Subdivision Map t"r Tract 88-3, Eastlake South Greens; and on
February 10, 1998, Council approved the Tentative Subdivision Map t"r Tract 98-03 for Eastlake South
Greens, Unit 10. The two resolutions contain conditions of approval applicable to Eastlake South Greens,
Unit 10. Staff recommends approval of the resolutions. (Director of Public Works)
B. RESOLUTION 19012 APPROVING SUPPLEMENTAL SUBDIVISION IMPROVEMENT
AGREEMENT FOR TRACT 98-03, EASTLAKE SOUTH GREENS, UNIT ]0, REQUIRING
DEVELOPER TO COMPL Y WITH CERT AIN UNFULFILLED CONDITIONS OF RESOLUTIONS
NUMBER ]5200 AND ]8888 AND AUTHORIZING THE MAYOR TO EXECUTE SAME
. . . END OF CONSENT CALENDAR' ..
ORAL COMMUNICATIONS
This is an opportunity for the general public to address the City Council on any subject matter within the
Council's jurisdiction that is not an item on this agenda for public discussion. (State law, however, generally
prohibits the City Council from takingactiofl on any issues not included on the posted agencla.) If you wish to
address the Council on such a subject, please complete the "Request to Speak Under Oral Communications
Forol" available in the lobby and submit it to the City Clerk prior to the meeting. Those who wish to speak,
please give your name and address for record purposes and follow up action.
Agenda -4- May 26, 1998
PUBLIC HEARINGS AND RELATED RESOLUTIONS AND ORDINANCES
The following items have been advertised and/or posted as public hearings as required by law. If you wish to
speak to any item, please fill out the "Request to Speak Forni" available in the lobby and submit it to the City
Clerk prior to the meeting.
15. PUBLIC HEARING PCM 98-10; REQUEST TO AMEND THE GENERAL DEVELOPMENT
PLAN, SITE UTILIZATION PLAN AND LAND USE MAP FOR RANCHO DEL REY SPECIFIC
PLANNING AREA (SPA) III IN ORDER TO CHANGE DESIGNATION ON SUBJECT PARCEL
FROM CPF (COMMUNITY PURPOSE FACILITY) TO OS-3 (OPEN SPACE) TO ALLOW THE
PRIMARY USE OF THE SITE TO BE USED FOR A "FOR-PROFIT" DA Y CARE - RANCHO DEL
REY INVESTORS, LP. - The proposal is to amend the Rancho del Rey SPA III Plan in order to change
the designation of the 1. 8 acre project site from CPF to OS-3. The Project Site is located northeast of the
intersection of Paseo Ladera and Paseo Entrada, one block north of Telegraph Canyon Road. The current
CPF Land Use Designation allows the site to be used ooly for "non protit" Community Purpose Facilities
which are ancillary to another permitted use (i.e. church). Therefore, the applicant is now requesting an
amendment to the SPA III Plan in order to change the land use designation from CPF to OS-3. At the
present time, the applicant wishes to market the site for a "for protit" day care facility as the primary use
on the site. Staff recommends Council place the ordinance on first reading and approve the resolution.
(Director of Planning)
ORDINANCE 2733 AMENDING THE RANCHO DEL REY SECTIONAL PLANNING AREA III
PLAN BY CHANGING THE LAND USE DESIGNATION FROM CPF (COMMUNITY PURPOSE
FACILITY) TO OS-3 (OPEN SPACE) ON A 1.8 ACRE PARCEL LOCATED AT THE
NORTHEAST CORNER OF PASEO LADERA AND PAS EO ENTRADA (first readinl!)
RESOLUTION 19013 APPROVING AMENDMENTS TO THE RANCHO DEL REY SECTIONAL
PLANNING AREA (SPA) PLAN GENERAL DEVELOPMENT PLAN AND SITE UTILIZATION
PLAN IN ORDER TO CHANGE THE DESIGNATION FROM CPF (COMMUNITY PURPOSE
FACILITY) TO OS-3 (OPEN SPACE) ON A 1.8 ACRE PARCEL LOCATED AT THE
NORTHEAST CORNER OF PASEO LADERA AND PASEO ENTRADA
16. PUBLIC HEARING PCS 98-07/PCM 98-33; REQUEST FOR A TENTATIVE SUBDIVISION MAP
WITH 28 SINGLE FAMILY DETACHED UNITS AND AN AMENDMENT TO THE RANCHERO
SECTIONAL PLANNING AREA PLAN TO ALLOW A REDUCTION IN CURRENT
DEVELOPMENT STANDARDS FOR A PROJECT LOCATED ON THE SOUTH SIDE OF EAST
"J" STREET BETWEEN RIVER ASH DRIVE AND THE PRESENT TERMINUS OF WILD OAK
DRIVE AT PASEO LADERA WITHIN THE PC ZONE - WESTERN PACIFIC HOUSING - The
proposal is to: (I) Subdivide a parcel consisting of 5.25 gross acres into lots ranging in size from
approximately 5,000 square teet to 8,300 square feet; and (2) Amend the development standards contained
in the Ranchero Sectional Planning Area (SPA) Plan to allow a reduction in minimum lot sizes and set hack
requirements. Staff recommends that Council approve the project in accordance with the Planning
Commission's recommendations, and set the time and place t"r the Public Hearing t"r 6:00 p.m. July 14,
1998. (Director of Planning)
A. RESOLUTION ]90]4 ADOPTING NEGATIVE DECLARATION AND GRANTING APPROVAL
OF A TENTATIVE MAP TO ALLOW THE SUBDIVISION OF 5.25 GROSS ACRES INTO 28
SINGLE FAMILY LOTS RANGING IN SIZE FROM 5,000 TO 8,300 SQUARE FEET ON THE
SOUTH SIDE OF EAST "J" STREET BETWEEN RIVER ASH DRIVE AND THE CURRENT
TERMINUS OF WILD OAK ROAD OFF PASEO LADER A
Agenda -5- May 26, 1998
B. RESOLUTION 190]5 APPROVING AN AMENDMENT TO THE RANCHERO SECTIONAL
PLANNING AREA (SPA) PLAN IN ORDER TO CHANGE THE DEVELOPMENT STANDARDS
APPLICABLE TO SINGLE FAMILY DETACHED RESIDENTIAL LOTS FOR LOTS 1 THRU 28
AS SHOWN ON TRACT MAP PCS 98-07
C. RESOLUTION 19016 DECLARING THE INTENT TO INCREASE THE OPEN SPACE DISTRICT
NUMBER 10 ASSESSMENT ON SUBDIVISION TRACT 98-07, BELLA NEVONA, AND SETTING
THE TIME AND PLACE FOR THE PUBLIC HEARING
BOARD AND COMMISSION RECOMMENDATIONS
This is the time the City Council will consider items which have been forwarded to them for consideration by one
of the City's Boards, Commissions, and/or Committees.
None submitted.
ACTION ITEMS
The items listed in this section of the agenda are expected to elicit substantial discussions and deliberations by
the Council, staff, or members of the general public. The items will be considered individually by the Council
and staffrecommendntions may in certain cases be presented in the alternative. Those who wish to speak, please
fill out a "Request to Speak" form available in the lobby and submit it to the City Clerk prior to the meeting.
17. RESOLUTION 19017 APPROVING PARTICIPATION IN THE STATE OF CALIFORNIA
PROCUREMENT CARD PROGRAM (CAL-CARD) - The City has an opportunity to improve the way
it does business through participation in the State of California procurement card program. The CAL-Card
program streamlines current procurement methods, responsibly manages expenses, and reduces operating
costs. This program offers the City effective control and monitoring of acquisitions while reducing tbe
time and paperwork associated with traditional small dollar transactions. Staff recommends approval of
the resolution. (Director of Finance)
18. RESOLUTION 190]8 APPROVING THE INDUSTRIAL LAND TASK FORCE
RECOMMENDATIONS AND DIRECTING STAFF TO IMPLEMENT - On October 9, 1997, staff
presented a report regarding the lack of adequate industrially zoned land in Chula Vista at ajoint Planning
Commission/City Council Workshop. The report addressed the decreasing supply of "deliverable"
industrial acreage and the increasing industrial demand both in the City and County-wide. Puhlic testimony
was received. The Planning Commission and Council requested that the Economic Development
Commission (ED C) establish a Task Force to review the issues discussed at the workshop and that staff
and the EDC return to Council with specific recommendations. An Industrial Land Task Force was
formed, composed of the EDC Chair, the Planning Commission Chair, the Mayor, and five EDC
Commissioners. Staff recommends approval of the resolution. (Director of Community Development)
19. RESOLUTION 190]9 APPROVING THE HIRING OF A TEMPORARY EXPERT
PROFESSIONAL AND APPROPRIATING FUNDS - On March 31, 1998, Council waived the
consultant selection process and authorized staff to negotiate contracts with various engineering consultants
for plan review services. Staff negotiation with several companies reached an impasse due either to
consultants' expensive wage rates or their insistence on revising our standard two part agreement pertaining
to the hold harmless clause. Staff recommends Council approve the resolution authorizing staff to offer
the existing Temporary Expert Professional Position to Donna Snider at $55.00 per hour, and appropriate
$20,000 to account 1401-5201 based on receipts received from developer deposits. (Director of Public
Works) 4/Sth's vote required.
Agenda -6- May 26, 1998
ITEMS PULLED FROM THE CONSENT CALENDAR
This is the time the City Council will discuss items which have been removed from the Consent Calendnr.
Agendn items pulled at the request of the public will be considered prior to those pulled by Councilmembers.
OTHER BUSINESS
20. CITY MANAGER'S REPORT(S)
A. Scheduling of meetings.
2\. MAYOR'S REPORT(S)
22. COUNCIL COMMENTS
Councilmember Salas
A. Resolution urging repeal of California's Protectionist Milk Marketing Regulations.
ADJOURNMENT
The meeting will adjourn to (a closed session and thence to) the regular City Council meeting on June 2, 1998 at
4:00 p.m. in the City Council Chambers.
"I declare under penalty of perju~y t~at I am
I d by the City of Chula Vista tn the
emp aye , d
Office of the City Clerk and that. I pos,e
Tuesday, May 26,1998 this Agenda/Notice on the Bullettn B~ard at uncil Chambers
5:00 p.m. the puð ~'¡'~1!~~i"g and 'I Cot I a IC Services Building
DATED /' SIGNED
SPECIAL MEETING
CLOSED SESSION AGENDA
Effective April I, 1994, there have been new amendments to tile Brown Act. Unless tile City Attorney, the City
Manager or the City Council states otherwise at this tiltlJ!, tile Council will discuss and deliberate on the following iJems
of business whkh are permiJted by law to be the subject of a closed session discussion, and which the Council is advised
should be discussed in closed session to best protect tile interests of tile City. Tile Council is required by law to return
to open session, issue any reports of./inJl1 action taken in closed session, and the votes taken. However, due to the
typicall£ngth of time taken up by closed sessions, tile videotaping will be terminated at this poinl in order to save costs
so tho! the Council's returnfrom closed session, reports of./inJl1 action taken, and a4journmenl will not be videotaped.
Nevertlrel£ss, the report of final OJ:tion taken will be recorded in the minutes which will be available in the City Cl£rk's
Office.
J. CONFERENCE WITH LEGAL COUNSEL REGARDING - Existing litigation pursuant to Government
Code Section 54956.9
. Wolfe v. City of Chula Vista.
. Griffm v. City of Chula Vista.
. Chula Vista Police Officers Association v. City of Chula Vista.
. In the Matter of the Application of San Diego Gas & Electric Company (U 902-E) for Authority to Sell
Electrical Generation Facilities and Power Contracts.
CONFERENCE WITH LEGAL COUNSEL - Anticipated litigation
. Signiticant exposure to litigation pursuant to subdivision (b) of Section 54956.9: One case.
CONFERENCE WITH REAL PROPERTY NEGOTIATOR - Pursuant to Government Code Section
54956.8
. Property: Otay Ranch Open Space Preserve.
Negotiating parties: David Rowlands IUxl various property owners within the Otay Ranch Open
Space Preserve.
Under negotiations: TernlS of acquisition.
CONFERENCE WITH LABOR NEGOTIATOR - Pursuant tn Government Code Section 54957.6
. Agency negotiator: David RowllUllls or designee for CVEA, WCE, POA, lAFF, Executive
Management, Mid-Management, and Unrepresented.
Employee organization: Chula Vista Employees Association (CVEA) and Western Council of
Engineers (WCE), Police Officers Association (POA) and International Association of Fire Fighters
(IAFF).
Unrepresented employee: Executive Management, Mid-Management. and Unrepresented.
2. REPORT OF ACTIONS TAKEN IN CLOSED SESSION
May 21, 1998
TO: The Honorable Mayor and City Council ~,
. - \; ~~\
FROM: David D. Rowlands, Jr., City Manager~ U / ~ .
SUBJECT: City Council Meeting of May 26, 1998
This will transmit the agenda and related materials for the regular
City Council meeting of Tuesday, May 26, 1998. Comments regarding
the written Communications are as follows:
Sa. This is a letter from the city Attorney stating that to the
best of his knowledge from observance of actions taken in
Closed Session on 5/19/98, there were no actions taken which
are required under the Brown Act to be reported.
IT IS RECOMMENDED THAT THIS LETTER BE RECEIVED AND FILED.
DDR:mab
~~f?
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~~..¡¡;;:-.'¡;
CllY Of
CHUlA VISTA
OFFICE OF THE CITY ATTORNEY
Date: May 20, 1998
To: The Honorable Mayor and city council
From: John M. Kaheny, city AttorneY~~
Re: Report Regarding Actions Take in Closed Session
for the Meeting of 5/19/98
The City Council met in Closed Session on 5/19/98 to discuss Wolfe
v. city of Chula Vista, Griffin v. City of Chula Vista, Chula vista
Police Officers Association v. City of Chula vista and In the
Matter of the Application of San Diego Gas & Electric Company (U
90-2-E) for Authority to Sell Electrical Generation Facilities.
The city Attorney hereby reports to the best of his knowledge from
observance of actions taken in the Closed Session in which the city
Attorney participated, that there were no reportable actions which
are required under the Brown Act to be reported.
JMK:lgk
C:\lt\elo......no
S'/J" /
276 FOURTH AVENUE. CHULA VISTA, CALIFORNIA 91910 . (619) 691-5037 ' FAX (619) 585-5612
& """"""'-....
COUNCIL AGENDA STATEMENT Item:k
Meeting Date: OS/26/98
ITEM TITLE: Resolution / 9 t? t',2.. Approving a specific site plan for two art pieces
at Bayside Park for potential purchase and installation by the San Diego
Unified Port District Public Art Project
SUBMITTED BY: David J. Palmer, Library Directo~~ l <; ,
Chri, Salomo",. Olrecto, ~ ;~ Dewlopm,"' -
REVIEWED BY: City Manage'1)tZ ~....-r (4/5ths Vote: Yes - No 10
At the City Council meeting of December 17, 1996, Council approved the selection of two outdoor
sculptures for potential purchase and installation by the San Diego Unified Port District through the
Port's Public Art Program. The two proposed art pieces were "The Wave" by Ron Jermyn; and
"Wind and Sea" by Scott Hanson. The City Council also approved three optional installation sites
(the terminus of "F" Street; Bayside Park; and the southwest corner of the "J" Street Marina). City
Staff presented the selected pieces and the optional installation sites to the San Diego Unified Port
District's Public Art Committee at their meeting on June 4, 1997.
STAFF RECOMMENDATION: That Council approve the Resolution specifying the Bayside park
site plan for two art pieces, and direct staff to proceed with submitting the selected pieces and the
Bayside Park site plan proposal to the San Diego Unified Port District for consideration of funding
and installation.
BOARDSICOMMISSIONS RECOMMENDATION: At their meeting on August 12, 1997, the
Cultural Arts Commission voted to recommend pursuing the installation of the selected art at the
"F" Street location. An excerpt from the Cultural Arts Commission meeting minutes is attached
(Attachment "A"). Staff Note: The Commission made their recommendation based on information
provided that all three sites were of equal importance; and the ownership was not an issue at that
time.
DISCUSSION: At the City Council meeting of December 17,1996, Council approved the selection
of two outdoor sculptures for potential purchase and installation by the San Diego Unified Port
District through the Port's Public Art Program. The sculptures were Ron Jermyn"s "The Wave"
(depicted on Attachment "B") and Scott Hanson's "Wind and Sea" (depicted on attachment "C").
Both pieces were substantial in size; "The Wave" was approximately 12' tall x 20' wide, and "Wind
and Sea" was approximately 26' tall x 6' wide. The City Council also approved three optional
installation sites (the terminus of "F" Street; Bayside Park; and the southwest corner of the "J"
Street Marina parking lot), and directed staff to proceed with submitting a project proposal to the
San Diego Unified Port District. On June 4, 1997, staff presented the City's proposal to the San
Diego Unified Port District's Public Art Committee, which is an advisory committee to the Port
District's Board of Directors.
IMhom"p..-"""'AI13lporuut.A13] 1
C:-j
Item:
Meeting Date: 05126198
The proposal was presented by City staff and the selected artists, and included an overview of the
City's selection process, a review of the optional installation sites, a presentation of the two
selected sculptures (presented by the artists), and the presentation of a specific conceptual site
plan at one of the optional sites (the terminus of "F" Street).
The Port's Public Art Committee commended the City on the presentation, but did not approve the
proposal. They voted instead to defer any decision until such time as the City was prepared to
provide a more detailed and comprehensive proposal that addressed several issues as outlined
below:
- Specific Installation Location and Site Plan - The City's initial proposal to the Port included
three optional installation locations (and one conceptual site plan) in order to provide a variety of
opportunities for Port acceptance. However, the Port Committee indicated that they would prefer
to consider a single and specific installation plan. The Port Committee also requested that the
installation site plan be reviewed and approved by City Council before being submitted for
reconsideration.
- Land Ownership - The conceptual site plan that was presented, encompassed the two art
pieces, and focused on the area at the terminus of "F" Street. Although negotiations between the
City and Port for the sale of several parcels of land in this area were on-going at the time, the Port
Public Art Committee was unwilling to approve a proposed plan at this site until land ownership
issues had been finalized. This was a critical issue, since Port-funded art must be placed on Port-
owned property. The other two optional locations were acceptable, since they were on Port
property, but specific plans had not been prepared for these sites, and the Committee did not
consider any specific installation plans. There is no current resolution as to the ownership of the
sites.
- Unique and Site-Specific Art - The piece by Scott Hanson ("Wind & Sea") is not a unique design
developed specifically for the proposal, but rather a design that has been extremely popular as a
table top sculpture. Although the Port's Public Art Policy is not specific on this point, and other
member cities have received non-unique pieces, it is clear that the Port Public Art Committee
prefers to recommend art that is unique, and is designed to be site specific. Mr. Hanson was in
attendance at the meeting when this issue was raised, and was also subsequently contacted
regarding these concerns. He would be willing to modify his submittal or re-design his work to
conform with the wishes of the Port's Public Art Committee, but there would be additional design
and engineering costs involved that he does not wish to incur until he is under contract with the
Port. Mr. Jermyn's piece ("The Wave") is an original and one-of-a-kind piece. Subsequent to City
Council's approval of the sculptures, Mr. Jermyn redesigned his sculpture to be more compatible
with a bayfront installation, and renamed the piece "Mano de la Madre". This modification did not
significantly change the size and shape of the piece.
- Citizen and City Council Review and Approval - The Port Art Committee was not willing to
approve a proposal without City Council's endorsement of the project. Although Council did
[h,\homolpad"re,IAI13\portatt.AI3] 2
¿---,1,.
Item:
Meeting Date: OS/26198
approve the selection of the specific art pieces, and three optional installation sites in December
of 1996, a specific site plan was not prepared or approved. The Port Art Committee requested that
a specific site plan and installation plan be established and approved by Council. The Port
Committee also wanted additional information on public sentiment about the selected pieces.
Maquettes ofthe sculptures have been on display at City libraries, special events (such as EXPO),
and presentations have been made to local arts and civic groups. Input was solicited and received
at all venues, and the response has been positive.
A Scecific Installation Procosal
Based on the actions and reactions of the Port Art Committee, staff is recommending the approval
of the installation of the two sculptures at Bayside Park. Since Bayside Park is owned by the Port
District, land ownership issues are not a concern. As previously mentioned, one of the approved
sculptures "Mano de la Madre" by Ron Jermyn, is a unique and one-of-a-kind piece that was
specifically designed for installation at a bayfront location. The other approved sculpture could be
modified in some manner to make it site specific to meet the Port's desire to have unique art
pieces. This addresses the Port Committee's concern about unique and site specific art.
Maquettes of both sculptures have been on display in various locations around the city for over a
year, including at City libraries and special events, and the pieces have been presented to various
local arts and civic groups. Public comment has been solicited and received, and has been very
positive.
A diagram of Bayside Park is attached, indicating the recommended installation sites for both
pieces. These sites were selected to maximize visual exposure to the pieces from both land and
water, and to provide good public access to them as well. The modified design of Hanson's "Wind
and Sea" would be sited over-looking the Chula Vista Yacht Marina, near the
maintenancelrestroom building at the south end of the Park. Jermyn's "Mano de la Madre" would
be sited at the north end of the park, in the grass expanse directly overlooking San Diego Bay.
These installation sites would require minimal site preparation and park modifications. Both
sculptures would be installed on raised concrete platforms.
The installation of the sculptures at Bayside Park could enhance the economic vitality of the park,
the bayfront, and the City as a whole, and would serve as a site for cultural tourism.
FISCAL IMPACT: There is no direct fiscal impact to the City other than the staff time necessary
to prepare reports, proposals, and to present the proposal to the Port Art Committee.
Attachments: "A" - Excerpt from Cultural Arts Commission Meeting Minutes - 8/12/97
"B" - Depiction of "The Wave" ~
"C" - Depiction of "Wind and Sea" ~
/"D" - Mapldiagram of Bayside Park ~
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RESOLUTION NO. )9t'~~
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING A SPECIFIC SITE PLAN FOR
TWO ART PIECES AT BAYS IDE PARK FOR POTENTIAL
PURCHASE AND INSTALLATION BY THE SAN DIEGO
UNIFIED PORT DISTRICT PUBLIC ART PROJECT
WHEREAS, at the City Council meeting of December 17,
1996, Council approved the selection of two outdoor sculptures for
potential purchase and installation by the San Diego Unified Port
District through the Port's Public Art Program; and
WHEREAS, the two proposed art pieces were "The Wave" by
Ron Jermyn; and "Wind and Sea" by Scott Hanson; and
WHEREAS, the City Council also approved three optional
installation sites (the terminus of "F" Street; Bayside Park; and
the southwest corner of the "J" Street Marina); and
WHEREAS, City staff presented the selected pieces and the
optional installation sites to the San Diego Unified Port
District's Public Art Committee at its meeting on June 4, 1997.
NOW, THEREFORE, BE IT RESOLVED the City Council of the
City of Chula vista does hereby approve a specific site plan for
two art pieces at Bayside Park for potential purchase and
installation by the San Diego Unified Port District Public Art
Project.
Presented by Approved as to form by
David J. Palmer, Library
Director
C:\rs\port.art
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ATTACHMENT A
MINUTES OF THE
REGULAR MEETING OF THE
CULTURAL ARTS COMMISSION
Tuesday, 5:00 p.m. Conference Room #1
August 12, 1997 civic Center Library
**********************
CÞ~L MEETING TO ORDER
ROLL CALL
MEMBERS PRESENT: Chair virchis, commissioners McAllister,
Russell, Scott, and Wheeland
MEMBERS ABSENT: Commissioners Souval
STAFF PRESENT: Staff Liaison Gates, McMartin and Todd
1. Approval of Minutes - MSC (Wheeland/McAllister) 5-0 to
approve the minutes of June 10, 1997.
2. Unfinished Business -
Action
a. Port Art Project - The Commission was brought up-to-
date on the status of the Port art selection. A draft
agenda statement is being prepared requesting the
Council to direct staff to present the city's
recommendation of the art piece and location to the
Port District. MSC (McAllister/Scott) 5-0 recommended
endorsing the original art selection to be placed at
the "F" Street terminus.
b. Schedule of Workshop Session - MSC (Russell/Wheeland)
5-0 to schedule a workshop session on September 28,
Sunday, at the civic Center Library at 9:00 a.m. The
discussion will entail the development of the proposed
.'~' art selection policy.
Non-Action -
a. McCandliss Memorial Award - The Sub-Committee met and
discussed developing a donation letter. The annual
award will focus on a youth recipient. A background
information letter will be developed on Gayle
McCandliss. The next meeting is scheduled at the end
of August.
~S
Cultural Arts Commission 2 August 12, 1997
Meeting Minutes
3. New Business
Action - None
Non-Action - None
4. Sub-Committee Reports -
Commissioner McAllister gave a slide presentation on the art
pieces throughout the City.
5. staff Report -
6. Communications
a. Oral communications - None
b. written Communications - None
c. commissioner's Remarks -
The staff was complimented on the publicity of the Music in
the Park Summer Concert series.
Trisha Yearwood is scheduled to appear at Southwestern
College of Tuesday, August 19.
The meeting adjourned at 6:15 p.m. to the regular scheduled
meeting on September 9, 1997 at 5:00 p.m.
Respectfully submitted,
f'" yy.-p~ ~
Elizabeth Bottorff
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COUNCIL AGENDA STATEMENT
Item2
Meeting Date OS/26/98
ITEM TITLE: R I' /91)1)3 .. .. d
eso utlOn Appropnatmg unantlclpate revenues from the
Central Garage Fund to the 1997-98 Central Garage Budget for repair
work to various trucks and sedans.
SUBMITTED BY: D~rector Of ~ublic Works ,() J ¡¡;í{i...
DIrector of Fmance ¥ ~
REVIEWED BY: City ManagefJ)¡z ~ ----z (4/5ths Vote: Yes X No_)
Unanticipated repair work has been done on various trucks and sedans in the city's fleet and the
Central Garage has received funds for these repairs. In addition, the Central Garage has been
reimbursed for repairs accomplished at the request of insurance companies for damage to city
property caused by their clients. Revenues for these repairs have accumulated in the Central
Garage Fund. An appropriation is required so that the Central Garage has the authority to spend
these funds in the current fiscal year for ongoing activities.
RECOMMENDATION: That Council adopt the resolution approving an appropriation from
the unanticipated revenues of the Central Garage Fund.
BOARDS/COMMISSIONS RECOMMENDATION: Not Applicable
DISCUSSION: The Central Garage operates as an internal service fund for the various
departments of the city. The Garage receives its operating funds from income derived for
services performed. The Central Garage Fund budget does not include extra funds for major
repairs to vehicles damaged in citizen-caused accidents, or for major accidents (such as during
Police pursuit) that happen during the normal course of city operations. Revenues from these
unanticipated repairs are equal to the cost of the repairs and have accumulated in the Central
Garage Fund. These funds are required for day-to-day operations
FISCAL IMPACT: Unanticipated revenues of $41,749, which are equal to the cost of the
repairs accomplished are available in the Central Garage Fund and will be used for work during
the reminder of the fiscal year.
D:\WINWORDIBUDGE1V\1l3 Budget Adjust Garage.doc
7-;
RESOLUTION NO. /9ðtfJ:J
-
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROPRIATING UNANTICIPATED
REVENUES FROM THE CENTRAL GARAGE FUND TO THE
1997-98 CENTRAL GARAGE BUDGET FOR REPAIR WORK
TO VARIOUS TRUCKS AND SEDANS
WHEREAS, unanticipated repair work has been done on
various trucks and sedans in the City's fleet and the Central
Garage has received funds for these repairs; and
WHEREAS, in addition, the Central Garage has been
reimbursed for repairs accomplished at the request of insurance
companies for damage to City property caused by their clients; and
WHEREAS, revenues for these repairs have accumulated in
the Central Garage Fund and an appropriation is required so that
the Central Garage has the authority to spend these funds in the
current fiscal year for on going activities.
NOW, THEREFORE, BE IT RESOLVED the City Council of the
city of Chula vista does hereby appropriate unanticipated revenues
of the Central Garage Fund in the amount of $41,749 to the 1997-98
Central Garage Budget for repair work to various trucks and sedans.
Presented by Approved as to form by
John P. Lippitt, Director of ttorney
Public Works
C:\rs\garage.app
7---;2.
COUNCIL AGENDA STATEMENT
ltemL
Meeting Date SL26L28
ITEM TITLE: Resolution /1ðt?rapprOving the designation of the Deputy Public Works
Director/City Engineer as the position authorized to execute for and on behalf of
the City of Chula Vista all applications and requests for reimbursement for the
purpose of obtaining certain federal financial assistance under the Public
Assistance Program, P.L. 93-288 as amended by the Robert T. Stafford Disaster
Relief and Emergency Assistance Act of 1988, and/or state financial assistance
under the Natural Disaster Assistance Act
SUBMITTED BY: Dhtttm ofPublk W"'Jf~
REVIEWED BY: City ManagefJ)R. ~ ----:7 (4/5ths Vote: Yes_No....XJ
The Public Assistance Program, which is funded by the Federal Emergency Management Agency
(FEMA), is administered by the State of California Governor's Office of Emergency Services (OES).
This program assists cities in recovering from federally declared disasters. Following President
Clinton's major disaster declaration for the region, engineering staff started working with FEMA and
OES staffs on an application process to compensate the City for all eligible damage costs associated with
the El Nino floods of 1998. This resolution will authorize the Deputy Public Works Director/City
Engineer to execute for and in behalf of the City of Chula Vista all applications and requests for
reimbursement for the purpose of obtaining certain federal and state fmancial assistance under the Public
Assistance Program.
RECOMMENDATION: That Council approve a resolution designating the Deputy Public Works
Director/City Engineer as the position authorized to execute for and on behalf of the City of Chula Vista
all applications and requests for reimbursement for the purpose of obtaining certain federal financial
assistance under P.L. 93-288 as amended by the Robert T. Stafford Disaster Relief and Emergency
Assistance Act of 1988, and/or state fmancial assistance under the Natural Disaster Assistance Act
BOARDS/COMMISSIONS RECOMMENDATION: Not applicable.
DISCUSSION:
On March 6, 1998, President Clinton declared San Diego county a major disaster area due to the effects
of the 1998 El Nino floods. The City of Chula Vista is therefore eligible to apply for Public Assistance
funds from the Federal Emergency Management Agency (FEMA) through the Governor's Office of
Emergency Services (OES). On April 14, Public Works staff submitted to the OES a list of sites where
the City experienced floods related damage. The list (copy attached), shows eight different sites with
a total estimated damage of $977,000. Eligible costs for reimbursement under the Public Assistance
Program include pennanent repairs to damaged facilities and certain emergency response and protective
measure activities.
~,./
Page 2, Item-
Meeting Date 5/26/98
Once approved, this resolution will authorize the Deputy Public Works Director/City Engineer to
execute for and on behalf of the City of Chula Vista all applications and requests for reimbursement for
the purpose of obtaining certain federal fmancial assistance under P.L. 93-288 as amended by the Robert
T. Stafford Disaster Relief and Emergency Assistance Act of 1988, and/or state fmancial assistance
under the Natural Disaster Assistance Act.
FISCAL IMPACT:
The City could potentially receive up to $977,000 in federal and state financial assistance from FEMA
and OES as compensation for the damages costs associated with the 1998 El Nino floods. This
resolution represents only one step in the long application process which could take up to one year.
(Attachments)
File No. 0220-30-LY1l8
H:IHOMElENGINEERIAGENDA lFEMA-REP .SMN
<¡['..2
RESOLUTION NO. / 9CltJ'I
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING THE DESIGNATION OF THE
DEPUTY PUBLIC WORKS DIRECTOR/CITY ENGINEER AS
THE POSITION AUTHORIZED TO EXECUTE FOR AND ON
BEHALF OF THE CITY OF CHULA VISTA ALL
APPLICATIONS AND REQUESTS FOR REIMBURSEMENT
FOR THE PURPOSE OF OBTAINING CERTAIN FEDERAL
FINANCIAL ASSISTANCE UNDER THE PUBLIC
ASSISTANCE PROGRAM, P.L. 93-288 AS AMENDED BY
THE ROBERT T. STAFFORD DISASTER RELIEF AND
EMERGENCY ASSISTANCE ACT OF 1988, AND/OR STATE
FINANCIAL ASSISTANCE UNDER THE NATURAL
DISASTER ASSISTANCE ACT
WHEREAS, The Public Assistance Program, which is funded
by the Federal Emergency Management Agency (FEMA), is administered
by the State of California Governor's Office of Emergency Services
(OES); and
WHEREAS, said program assists cities in recovering from
federally declared disasters; and
WHEREAS, following President Clinton's major disaster
declaration for the region, engineering staff started working with
FEMA and OES staffs on an application process to compensate the
City for all eligible damage costs associated with the EI Nino
floods of 1998; and
WHEREAS, this resolution will authorize the Deputy Public
Works Director/City Engineer to execute for and in behalf of the
city of Chula vista all required documents for the purpose of
obtaining certain federal and state financial assistance under the
Public Assistance Program.
NOW, THEREFORE, BE IT RESOLVED the City Council of the
ci ty of Chula vista does hereby approve the designation of the
Deputy Public Works Director/City Engineer as the position
authorized to execute for and on behalf of the City of Chula vista
all applications and requests for reimbursement for the purpose of
obtaining certain federal financial assistance under the Public
Assistance Program, P.L. 93-288 as amended by the Robert T.
Stafford Disaster Relief and Emergency Assistance Act of 1988,
and/or state financial assistance under the Natural Disaster
Assistance Act.
Presented by Approved as to form by
John P. Lippitt, Director of
Public Works
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COUNCIL AGENDA STATEMENT
Item-L
Meeting Date 5/26/98
--
ITEM TITLE: Resolution / Cj ð¿:J.!:J of intention to vacate a portion of an alley north of the
properties located at 3080/3082 and 3084 Main Street and setting a date and
a time for public hearing therefor
SUBMITTED BY: Dire"", of P"blk W °"'Y' ~
REVIEWED BY: City ManagefbR ~ -? (4/5ths Vote: Yes - NoX)
A request has been received to vacate a portion of an alley north of the properties located at 3080,
3082 and 3084 Main Street (see Exhibit "A").
In accordance with the State Street and Highways Code, Council must adopt a resolution of intention
setting a public hearing in order to consider the vacation request.
RECOMMENDATION: Council adopt the Resolution ofIntention setting a public hearing for
June 23, 1998, and direct staffto post the required notices for said public hearing.
BOARDS/COMMISSIONS RECOMMENDATION: There are no actions required to be taken
by any Boards or Commissions for this matter.
DISCUSSION:
Thomas M. Tomlinson of Legler & Tomlinson, acting as agent for the owner of the properties at
3080,3082 and 3084 Main Street and 361 Zenith Street, has applied to the City to vacate a portion
of the alley adjacent to these properties (see Exhibit "A"). This portion of the alley is 20 feet wide
and 67 feet long.
The subject alley was dedicated to the County of San Diego on the map of Otay Subdivision in 1887.
According to that map, the alley extended from Fourth Avenue (formerly Hermosa Avenue) to
Fresno Avenue. At some point after the dedication, the easterly 50 feet of the alley WaS abandoned
by the County. There was no turn-around provided, merely a dead end. The alley was physically
blocked from Fresno Avenue by a drainage channel located in the westerly portion of the street right-
of-way, behind the curb and sidewalk.
The owner of the above-mentioned properties fronting Main Street also owns the property directly
across the alley at 361 Zenith Street and desires to connect the parcels through use of the alley.
9-/
Page 2, Item -
Meeting Date 5/26/98
Public hearing notices will be posted in accordance with the Municipal Code and distributed to
owners of properties within a 500 foot radius of the property, if the Resolution of Intention is
approved by Council.
All utility companies have been notified of this proposal. San Diego Gas and Electric Company,
Pacific Bell and Cox Cable have facilities in the subject area and are opposed to the vacation unless
easement reservations are included in the resolution of vacation.
Prior to Council action on the vacation request, Section 8320 of the State Streets and Highways
Code states that Council must adopt a resolution of intention setting a public hearing on the
matter. The resolution is to include:
1. A declaration of ititention of the Council to vacate the street
2. A statement that the vacation proceeding is conducted under Chapter 3 of the
Streets and Highways Code
3. A description of the general location and extent of the streets
4. The date, hour and place for the public hearing ( June 23, 1998 at 6:00 p.m. in the
Council Chambers in the Public Service Building at 476 Fourth Avenue)
The vacation of the street, if it takes place, will include a reservation of easements for all other
agencies owning facilities that will remain within any of the vacated areas.
FISCAL IMP ACT: The costs related to the processing of this request for vacation are being paid
for by a deposit of monies by the applicant under the City's Full Cost Recovery System.
If Council approves the vacation, it will be conditioned that owner pay for the right-of-way in
accordance with a certified appraisal to be provided by the applicant, as has been the accepted
practice in recent years by Council.
The City will realize no savings in maintenance, since City's crews have not been maintaining this
portion of the alley in the past.
Attachments: Exhibit "A" (Plat showing portion of alley to be vacated)
HIHOMEIENGINEERIAGENDA IPV -<)72 _I as
9-.2
RESOLUTION NO. / 9IJð5
RESOLUTION OF INTENTION OF THE CITY COUNCIL OF
THE CITY OF CHULA VISTA TO VACATE A PORTION OF
AN ALLEY NORTH OF THE PROPERTIES LOCATED AT
3080/3082 AND 3084 MAIN STREET AND SETTING A
DATE AND A TIME FOR PUBLIC HEARING THEREON
WHEREAS, Thomas M. Tomlinson of Legler & Tomlinson,
acting as agent for the owner of the properties at 3080, 3082 and
3084 Main Street and 361 Zenith Street, has applied to the City to
vacate a portion of the alley adjacent to these properties which is
20 feet wide and 67 feet long; and
WHEREAS, the subject alley was dedicated to the County of
San Diego on the map of otay Subdivision in 1887 and the alley
extended from Fourth Avenue (formerly Hermosa Avenue) to Fresno
Avenue; and
WHEREAS, at some point after the dedication, the easterly
50 feet of the alley was abandoned by the County; there was no
turn-around provided, merely a dead end and the alley was
physically cut off from Fresno Avenue by a drainage channel located
in the westerly portion of the street right-of-way, behind the curb
and sidewalk; and
WHEREAS, the owner states that the County allowed him to
erect a fence across the alley at his westerly property line,
enabling him to connect his properties on either side of the alley
(3080 Main Street and 361 Zenith Street), however, no written
permission was given to him from the County because, according to
the owner, it was an informal action conducted by telephone with
one of the County staff; and
WHEREAS, in order to process the vacation, Council must
first adopt a resolution of intention and set a public hearing, in
accordance with section 8320 of the California Streets and Highways
Code; and
WHEREAS, it is recommended by staff that Council hold a
public hearing on this matter June 23, 1998 at 6:00 p.m..
NOW, THEREFORE, BE IT RESOLVED that the City Council of
the city of Chula vista does hereby set a public hearing on June
23, 1998 at 6:00 p.m. in the Council Chambers, 276 Fourth Avenue,
Chula Vista, Ca. to consider vacating a portion of the alley north
of the properties located at 3080/3082 and 3084 Main Street, as
shown in Exhibit "A".
1
9"3
BE IT FURTHER RESOLVED that the city Clerk is hereby
directed to post the notice of the public hearing in accordance
with the Streets and Highways Code and City ordinances.
Presented by Approved as to form by
John P. Lippitt, Director of
Public Works
c: \ rs\ vacate. int
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----- --._-- -.- u _--__.m- -.-- -- I FILE NO. PV-O72
OWN BY: EXHI8/T ::4 II 9'~
DATE:
COUNCIL AGENDA STATEMENT
Item .I¿;J
Meeting Date 5/26/98
ITEM TITLE: Resolution /9¿?¿:?& Approving the Engineer's reports for the FY 1998-99
spread of assessments for City Open Space Districts 1-9, 11, 14, 15, 17, 18,20,23,24,
26, 31,33, Bay Boulevard, and Town Centre, declaring the intention to levy and collect
assessments and setting June 23, 1998 at 6:00 p.m. and July 14, 1998 at 6;00 p.m. as
the dates and times for the public hearings.
SUBMI'ITED BY: Director of Public Works ~
REVIEWED BY: City Manager ;'f': (4/5ths Vote: Yes_No-X)
(:ð' Df The City administers 25 open space districts established over the last twenty-five years. The districts provide the
mechanism to finance the maintenance of common open space areas (canyons, trails, medians, etc.) associated
with and benefitting that particular development. As part of this process, a levy of an annual assessment is
necessary to enable the City to collect funds for the proposed open space maintenance. Tonight's action begins
the process for Fiscal Year 1998/99.
The City Engineer has prepared and filed reports on assessments for all existing Open Space Districts. The above
resolution approves the reports and sets the dates for public hearings to consider the levy of assessments and
collection of funds.
RECOMMENDATION: That Council approve the resolution;
1) Approving the reports, directing the City Clerk to publish the Resolutions of Intention pursuant
to Government Code 6063, and setting the dates of the public hearings on the assessments for
June 23, 1998 at 6:00 p.m. and July 14, 1998 at 6;00 p.m.
2) Direct staff to notice the property owners pursuant to State Codes.
BOARDS/COMMISSIONS RECOMMENDATION: The budget and assessment information for Town Centre
Maintenance District will be forwarded to the Town Centre Committee via the Community Development
Department upon approval of the resolution. As the advisory committee for the Town Centre developments, the
Committee has historically reviewed this information and provided feedback to staff.
DISCUSSION:
This agenda statement is the yearly resolution of intention to assess property owners for open space maintenance
within the City. Table 1 contains the name and location of the districts. Table 2 relates the present year's
assessment to the proposed assessment and collectible for FY 98/99. Following Table 2, there is some general
information that applies to all the districts and then each district is analyzed individually. That is followed by
a description of the noticing that is required.
As a final note, Council should be advised that the preceding agenda items contain the same information on Open
Space District No. 10 and Eastlake which were separated due to conflict of interest concerns.
J¿;-/
Page 2, Item-
Meeting Date 5/26/98
BacklITound
Pursuant to Article 4, Chapter 1, Part 2 of the Division 15 of the California Streets and Highways Code, also
known as "Landscaping and Lighting Act of 1972" and the City ofChula Vista Municipal Code, Chapter 17.07-
Open Space Districts, the City Engineer has prepared and filed the annual reports for all existing Open Space
Districts in the City. The name and location of each open space district is shown in the following table.
TABLE 1
Open Space Districts Within the City of Chura Vista
Open Space District Name Location
No.
1 EI Rancho del Rey Units ]-4 Between East H Street and Telegraph Canyon
Road east of Paseo Ranchero
2 Lark Haven South and east of Lorna Verde Park
3 Rancho Robinhood Units 1 & 2 South of Allen School Lane
4 Bonita Ridge Camino Elevado
5 Southbay Villas Northern end of Crest Drive
6 Hilltop Vista Camino Vista Road
7 Zenith Units 2, 3, and 4 North and south of Palomar, east of I-80S
8 Rancho Robinhood Unit 3 Surrey Drive
9 EI Rancho del Rey Units Paseo del Rey, north of Telegraph Canyon Road
11 Hidden Vista Village East H Street, east of I-80S
14 Bonita Long Canyon North and south of Country Vistas Lane
15 Bonita Haciendas Canyon Drive, east of Otay Lakes Road
17 Bel Air Ridge Northeast of Paseo Ladera and East J Street
18 Rancho del Sur Easterly end of East Naples Street
20 Rancho del Rey North of East H Street, west of Otay Lakes Road
23 Otay Rio Business Park West of Heritage/Otay Valley Road, south of Otay
Rio Road
24 Canyon View Homes Rutgers Avenue, south of East H Street
26 Park Bonita West of the intersection of E Street and Bonita
Road
31 Telegraph Canyon Estates North of Otay Lakes Rd, west of "SR 125"
33 Broadway Business Home Village West side of Broadway between J Street and K
Street
Town Centre No. I Third Avenue, north and south of F Street
Bay Boulevard Bay Blvd from E Street to F Street
/¿)---2
Page 3, ltem-
Meeting Date 5/26/98
These reports were prepared by the City Engineer or under his direction and are presented to Council for
approval in order to proceed with the public hearings set for June 23, 1998 at 6:00 p.m. and July 14, 1998 at
6:00 p.m. in accordance with the Landscaping and Lighting Act of 1972. The reports cover districts listed in
Table 1.
Staff proposes for FY 1998/99 that the assessment be kept within that amount previously approved, increasing
the FY 97/98 assessment by an inflation factor. In all cases, staffhas set each collectible lower than the proposed
assessment for each district. Per the City's Municipal Code, the inflation factor is the lesser of the January to
January San Diego Metropolitan Area All Urban Consumer Price Index (CPI) or the change in the estimated
California fourth quarter per capita personal income as contained in the Governor's budget published in January.
The CPI is estimated at 1.1 % based on the San Diego Metropolitan Area and 2.1 % based on the State of
California. Therefore, staff will use the CPI figure of 1.1 % based on the San Diego Metropolitan Area, which
is the lesser of the two figures. Assessment increases equal to 1.1 % (CPI) are not subject to majority protest.
Only assessment increases !II.!:[ the CPI are subject to majority protest. All of the districts were formed as
the result of a 100% petition by the land owners, with the exception of the Town Center. However, all the
maintenance for the Town Center District is within the street right-of-way. Therefore, because 1) the assessments
were raised equal to or below the CPI, 2) the districts were either formed at the request of 100% of the land
owners or 3) the improvements are within the street right-of-way, the districts are exempt from the provisions
of Proposition 218.
Assessments & Collectibles
Ordinance 2631 also made the distinction between the assessment and the amount that the City may collect against
the assessment (collectible). The assessments for FY 98/99 are proposed at FY 97/98 amounts increased by the
inflation factor (CPI) pursuant to Municipal Code Section 17.07.035. The collectibles, on the other hand, are
equal to or less than the proposed assessments based on the budget, reserve requirement, savings and fund
balances, including interest earnings and prior years' savings. Under staffs recommendation, none of the open
space districts are subject to a majority protest on the increase.
The proposed assessments and collectibles for Fiscal Year 1998-99 are as follows:
TABLE 2
PRIOR FY'S YS. FY 98/99 ASSESSMENT/COLLECTIBLE
OSD FY 98/99 Proposed Proposed
FY 96/97 FY 97/98 FY 97/98 CAP: FY 98/99 FY 98/99 FY 98/99
Assmnt/ Collection/ Assmnt/ FY 97/98 Assmnt/ Collection/ Revenue
EDU EDU EDU Assmt+ EDU EDU
CPIQ)
1 $86.00 $86.00 $89.61 $90.60 $90.60 $79.00 $52,281
2 39.90 34.00 41.58 42.04 42.04 37.00 9,213
3 273.14 256.00 284.61 287.74 287.74 287.00 36,449
4 288.49 286.00 300.61 303.92 303.92 267.00 56,070
5 281.33 280.00 293.15 296.37 296.37 227.00 27,694
6 139.13 71.00 144.97 146.56 146.56 76.00 12,312
7 97.19 90.00 101.27 102.38 102.38 90.00 9,360
8 443.98 442.00 462.63 467.72 467.72 466.00 51,260
9 125.83 115.00 131.11 132.55 132.55 128.00 49,152
11 85.93 85.00 89.54 90.52 90.52 90.00 118,983
/tJ-J
Page 4, Item-
Meeting Date 5/26/98
OSD FY 98/99 Proposed Proposed
FY 96/97 FY 97/98 FY 97/98 CAP: FY 98/99 FY 98/99 FY 98/99
Assmnt! Collection/ Assmnt! FY 97/98 Assmnt! Collection! Revenue
EDU EDU EDU Assmt+ EDU EDU
CPIO)
14 276.21 271.00 287.81 290.98 290.98 289.00 252,401
15 265.00 263.00 276.13 279.17 279.17 277.00 15,789
17 126.85 1.00 132.18 133.63 133.63 63.00 2,898
18 299.74 270.00 312.33 315.77 315.77 253.00 98,050
20'1) 305.30'2) - - - - - 976,147
Zone 1 DB 46.32 0.00 48.27 48.80 48.80 48.80 (4)
Zone 2 RC 3.52 1.87 3.67 3.71 3.71 3.71 (4)
Zone3H 5.01 4.38 5.22 5.28 5.28 5.28 (4)
Zone 4 BC 18.67 ]2.39 19.45 19.66 19.66 19.66 (4)
Zone 5 I 281.48 269.21 293.30 296.53 296.53 296.53 (4)
Zone 6 II 216.27 216.14 225.35 227.83 227.83 227.83 (4)
Zone 7 III 133.50 132.83 139.11 140.64 140.64 140.64 (4)
Zone 8 NDB 30.78 0.00 32.07 32.42 32.42 32.42 (4)
Zone 9 TCC 24.44 16.31 25.47 25.75 25.75 25.75 (4)
23 342.71 337.00 357.10 361.03 361.03 203.00 11,338
24 513.55 377.00 535.12 541.01 541.01 430.00 17,200
26 403.06 296.00 419.99 424.61 424.61 313.00 5,947
31 416.36 1.00 433.85 438.62 438.62 255.00 87,975
33 1029.00 0.00 1072.22 1084.01 1084.01 0.00 0
Bay Blvd. 1320.69 1145.00 1376.16 1391.30 1391.30 645.00 6,450
Town Centre 46.04 8.00 47.97 48.50 48.50 10.00 10,000
(1) Collectible to be adjusted upon analysis of data by Parks & Recreation.
(2) Represented average residential assessment in SPA I.
0) FY 98/99 assessment may be set at or below this cap without being subject to a majority protest.
(4) Revenue for all zones included in overall District 20 amount.
In general, all budgets have increased due to minor adjustments in utilities and contract services. The increase
in contract services is due to a CPI clause on contracts.
Savings from prior years are proposed to be used to supplement the property owner collections to provide the
revenue needed for FY 98/99 maintenance while maintaining reserves between 50%-{j5% (City Code requires
reserves between 50%-100%). Staff typically does not retain reserves above 65% in consideration of property
owners direction to return as much excess funds as practical. For those districts where the reserve still exceeds
50-65 %, staff recommends using the savings to offset some of the assessments to give lower collectibles. This
practice should help avoid reserves in excess of 100% in future years, thereby avoiding processing refund checks.
Staff generally tries to keep the assessments within the CPI amount allowed by the Municipal Code each year.
The following summarizes the major changes for each district. Pursuant to the ordinance, staff has made a
distinction between the assessment and collectible amount; the assessment, estimated cost and collection will
become the same number whenever an increase in assessment is necessary. The proposed assessment per EDU
for FY 98/99 represents, in all cases, the prior year's assessment with an inflation factor of 1.1 %. The
assessment per EDU is the figure to be mailed to the property owners and the collectible is the amount to be
It/'- i
Page 5, Item-
Meeting Date 5/26/98
collected which is affected by reserves, savings, etc. The collectible per EDU reflects impacts of the reserve
requirements, ending fund balances and savings. For a detailed outline, see Attachment A.
CAP: Proposed Proposed
FY96/97 FY 97/98 FY 97/98 FY 97/98 FY98/99 FY98/99 FY98/99
Assmt/ Collection/ Assmt! Assmt+ Assmt/ Collection/ Revenue
EDU EDU EDU CPI EDU EDU
¡OSD No.1 $86.00 $86.00 $89.61 $90.60 $90.60 $79.00 $52,281
El Rancho del Rey
Units 1-4
Staff recommends that the assessment remain the same as FY 97/98 plus a CPI of 1.1 % as set forth in the Chula
Vista Municipal Code. However, staff recommends a collectible of $79 per Equivalent Dwelling Unit (EDU),
which is less than the assessment of $90.60. Since the budget per EDU of $89.22 exceeds the collectible amount,
staff recommends utilizing the fund balance to make up the difference. Funds are available to do this because
of prior years' savings and by adjusting the reserve balance. The reserve under this recommendation will be
65%. The General Fund will be reimbursed $9,836 for City staff services from the Open Space District Fund
for FY 1998/99.
CAP: Proposed Proposed
FY96/97 FY 97/98 FY 97/98 FY 97/98 FY98/99 FY98/99 FY98/99
Assmt/ Collection/ Assmt! Assmt+ Assmt/ Collection/ Revenue
EDU EDU EDU CPI EDU EDU
I~SD No.2 $39.90 $34.00 $41.58 $42.04 $42.04 $37.00 $9,213
Lark Haven
Staff recommends that the assessment remain the same as FY 97/98 plus a CPI of 1.1 % as set forth in the Chula
Vista Municipal Code. However, staff recommends a collectible of $37 per EDU, which is less than the
assessment of $42.04. Since the budget per EDU of $42.36 exceeds the collectible amount, staff recommends
utilizing the fund balance to make up the difference. Funds are available to do this because of prior years'
savings and by adjusting the reserve balance. The reserve under this recommendation will be 65 %. The General
Fund will be reimbursed $1,963 for City staff services from the Open Space District Fund for FY 1998/99.
CAP: Proposed Proposed
FY96/97 FY 97/98 FY 97/98 FY 97/98 FY98/99 FY98/99 FY98/99
Assmt/ Collection/ Assmt/ Assmt + Assmt/ Collection/ Revenue
EDU EDU EDU CPI EDU EDU
IrSD No.3 $273.]4 $256.00 $284.61 $287.74 $287.74 $287.00 $36,449
Rancho Robinhood
Units 1 & 2
Staff recommends that the assessment remain the same as FY 97/98 plus a CPI of 1.1 % as set forth in the Chula
Vista Municipal Code. However, staff recommends a collectible of $287 per EDU, which is less than the
assessment of $287.74. Since the budget per EDU of $294.57 exceeds the collectible amount, staff recommends
utilizing the fund balance to make up the difference. Funds are available to do this because of prior years'
/¿J --5
Page 6, Item-
Meeting Date 5/26/98
savings and by adjusting the reserve balance. The reserve under this recommendation will be 66%. The General
Fund will be reimbursed $5,720 for City staff services from the Open Space District Fund for FY 1998/99.
CAP: Proposed Proposed
FY96/97 FY 97/98 FY 97/98 FY 97/98 FY98/99 FY98/99 FY98/99
Assmtl Collection/ AssmU Assmt + Assmt/ Collectionl Revenue
EDU EDU EDU cpr EDU EDU
IOSD No.4 $288.49 $286.00 $300.61 $303.92 $303.92 $267.00 $56,070
Bonita Ridge
Staff recommends that the assessment remain the same as FY 97/98 plus a CPI of 1.1 % as set forth in the Chula
Vista Municipal Code. However, staff recommends a collectible of $267 per EOD, which is less than the
assessment of $303.92 per EOD. Since the budget per EOD of $292.06 exceeds the collectible amount, staff
recommends utilizing the fund balance to make up the difference. Funds are available to do this because of prior
years' savings and by adjusting the reserve balance. The reserve under this recommendation will be 65 %. The
General Fund will be reimbursed $9,092 for City staff services from the Open Space District Fund for FY
1998/99.
CAP: Proposed Proposed
FY96/97 FY 97/98 FY 97/98 FY 97/98 FY98/99 FY98/99 FY98/99
Assmtl Collection/ Assmt/ Assmt + Assmtl Collection/ Revenue
EDU EDU EDU CPI EDU EDU
17SD No.5 $281.33 $280.00 $293.]5 $296.37 $296.37 $227.00 $27,694
Southbay Villas
Staff recommends that the assessment remain the same as FY 97/98 plus a CPI of 1.1 % as set forth in the Chula
Vista Municipal Code. However, staff recommends a collectible of $227 per EOD, which is less than the
assessment of $296.37 per EOD. Since the budget per EOD of $291.64 exceeds the collectible amount, staff
recommends utilizing the fund balance to make up the difference. Funds are available to do this because of prior
years' savings and by adjusting the reserve balance. The reserve under this recommendation will be 65%. The
General Fund will be reimbursed $5,494 for City staff services from the Open Space District Fund for FY
1998/99.
CAP: Proposed Proposed
FY96/97 FY 97/98 FY 97/98 FY 97/98 FY98/99 FY98/99 FY98/99
Assmt/ Collection/ Assmt/ Assmt+ AssmU Collection/ Revenue
EDU EDU EDU CPI EDU EDU
I~SD No.6 $139.13 $71.00 $144.97 $146.56 $]46.56 $76.00 $12,312
Hilltop Vista
Staff recommends that the assessment remain the same as FY 97/98 plus a CPI of 1.1 % as set forth in the Chula
Vista Municipal Code. However, staff recommends a collectible of $76 per EOD, which is less than the
assessment of $146.56 per EOD. Since the budget per EOD of $92.25 exceeds the collectible amount, staff
recommends utilizing the fund balance to make up the difference. Funds are available to do this because of prior
years' savings and by adjusting the reserve balance. The reserve under this recommendation will be 80%. The
General Fund will be reimbursed $2,583 for City staff services from the Open Space District Fund for FY
1998/99. /¿;,-(¡,
Page 7, Item-
Meeting Date 5/26/98
The reserve for this district is not between 50-65%, however, the reserve has decreased from 90% in FY 1996-97
to 85% in FY 1997-98. Under this recommendation, the reserve has been reduced to 80% for FY 1998/99. It
is anticipated that the reserve will be reduced each fiscal year until it is between 50-65 %, the percentage staff
typically tries to maintain. Staff believes slowly reducing the reserve is better than reducing it all the way in one
year because that action would result in larger increases in collectibles in future years.
CAP: Proposed Proposed
FY96/97 FY 97/98 FY 97/98 FY 97/98 FY98/99 FY98/99 FY98/99
Assmt/ Col1ection/ Assmt/ Assmt + Assmt/ Col1ection/ Revenue
EDU EDU EDU CPI EDU EDU
OSD No.7 - Zenith $97.19 $90.00 $101.27 $102.38 $102.38 $90.00 $9,360
Units 2, 3, & 4
Staff recommends that the assessment remain the same as FY 97/98 plus a CPI of 1.1 % as set forth in the Chula
Vista Municipal Code. However, staff recommends a collectible of $90 per EDU, which is less than the
assessment of $102.38 per EDU. Since the budget per EDU of $101.30 exceeds the collectible amount, staff
recommends utilizing the fund balance to make up the difference. Funds are available to do this because of prior
years' savings and by adjusting the reserve balance. The reserve under this recommendation will be 65 %. The
General Fund will be reimbursed $],962 for City staff services from the Open Space District Fund for FY
1998/99.
CAP: Proposed Proposed
FY96/97 FY 97/98 FY 97/98 FY 97/98 FY98/99 FY98/99 FY98/99
Assmt/ Col1ection/ Assmtl Assmt + Assmtl Col1ection/ Revenue
EDU EDU EDU CPI EDU EDU
IfSD No.8 $443.98 $442.00 $462.63 $467.72 $467.72 $466.00 $51,260
Rancho Robinhood
Unit 3
Staff recommends that the assessment remain the same as FY 97/98 plus a CPI of 1.1 % as set forth in the Chula
Vista Municipal Code. Staff recommends a collectible of $466 per EDU, which is close to the assessment of
$467.72 per EDU. Since the budget per EDU of $483.90 exceeds the collectible amount, staff recommends
utilizing the fund balance to make up the difference. Funds are available to do this because of prior years'
savings and by adjusting the reserve balance. The reserve under this recommendation will be 52 %. The General
Fund will be reimbursed $8,000 for City staff services from the Open Space District Fund for FY ]998/99.
CAP: Proposed Proposed
FY96/97 FY 97/98 FY 97/98 FY 97/98 FY98/99 FY98/99 FY98/99
Assmt/ Col1ectionl Assmtl Assmt+ Assmtl Col1ection/ Revenue
EDU EDU EDU CPI EDU EDU
:SD No.9 $125.83 $115.00 $131.11 $132.55 $132.55 $128.00 $49,152
El Rancho del Rey
Units
Staff recommends that the assessment remain the same as FY 97/98 plus a CPI of 1.1 % as set forth in the Chula
Vista Municipal Code. However, staff recommends a collectible of $128 per EDU, which is less than the
assessment of $132.55 per EDU. Since the budget per EDU of $135.56 exceeds the collectible amount, staff
/¡jJ-?
Page 8, Item-
Meeting Date 5/26/98
recommends utilizing the fund balance to make up the difference. Funds are available to do this because of prior
years' savings and by adjusting the reserve balance. The reserve under this recommendation will be 70%. The
General Fund will be reimbursed $7,819 for City staff services from the Open Space District Fund for FY
1998/99.
CAP: Proposed Proposed
FY96/97 FY 97/98 FY 97/98 FY 97/98 FY98/99 FY98/99 FY98/99
Assmtl Collection! Assmtl Assmt + Assmtl Collection! Revenue
EDU EDU EDU CPI EDU EDU
OSD No. 11 $85.93 $85.00 $89.54 $90.52 $90.52 $90.00 $118,983
Hidden Vista Village
Staff recommends that the assessment remain the same as FY 97/98 plus a CPI of 1.1 % as set forth in the Chula
Vista Municipal Code. Staff recommends a collectible of $89 per EOD, which is close to the assessment of
$90.52 per EOD. Since the budget per EOD of $97.76 exceeds the collectible amount, staff recommends
utilizing the fund balance to make up the difference. Funds are available to do this because of prior years'
savings and by adjusting the reserve balance. The reserve under this recommendation will be 58 %. The General
Fund will be reimbursed $18,710 for City staff services from the Open Space District Fund for FY 1998/99.
CAP: Proposed Proposed
FY96/97 FY 97/98 FY 97/98 FY 97/98 FY98/99 FY98/99 FY98/99
Assmtl Collectionl Assmtl Assmt + Assmtl Collectionl Revenue
EDU EDU EDU CPI EDU EDU
I~SD No. 14 $276.21 $271.00 $287.81 $290.98 $290.98 $289.00 $252,401
Bonita Long Canyon
Staff recommends that the assessment remain the same as FY 97/98 plus a CPI of 1.1 % as set forth in the Chula
Vista Municipal Code. However, staff recommends a collectible of $289 per EOD, which is less than the
assessment of $290.98 per EOD. Since the budget per EOD of $296.92 exceeds the collectible amount, staff
recommends utilizing the fund balance to make up the difference. Funds are available to do this because of prior
years' savings and by adjusting the reserve balance. The reserve under this recommendation will be 68%. The
General Fund will be reimbursed $36,998 for City staff services from the Open Space District Fund for FY
1998/99.
CAP: Proposed Proposed
FY96/97 FY 97198 FY 97/98 FY 97/98 FY98/99 FY98/99 FY98/99
Assmtl Collectionl Assmtl Assmt + Assmtl Collectionl Revenue
EDU EDU EDU CPI EDU EDU
I~SD No. 15 $265.00 $263.00 $276.13 $279.17 $279.17 $277.00 $15,789
Bonita Haciendas
Staff recommends that the assessment remain the same as FY 97/98 plus a CPI of 1.1 % as set forth in the Chula
Vista Municipal Code. However, staff recommends a collectible of $277 per EOD, which is less than the
asSessment of $279.17 per EOD. Since the budget per EOD of $293.04 exceeds the collectible amount, staff
recommends utilizing the fund balance to make up the difference. Funds are available to do this because of prior
years' savings and by adjusting the reserve balance. The reserve under this recommendation will be 68 %. The
General Fund will be reimbursed $2,832 for City staff services from the Open Space District Fund for FY
1998/99. ItJrg/
Page 9, Item-
Meeting Date 5/26/98
CAP: Proposed Proposed
FY96/97 FY 97/98 FY 97/98 FY 97/98 FY98/99 FY98/99 FY98/99
Assmtl Collectionl Assmt! Assmt + Assmtl Collectionl Revenue
EDU EDU EDU CPI EDU EDU
IOSD No. 17 $126.85 $1.00 $132.18 $133.63 $133.63 $63.00 $2,898
Bel Air Ridge
Staff recommends that the assessment remain the same as FY 97/98 plus a CPI of 1.1 % as set forth in the Chula
Vista Municipal Code. However, staff recommends a collectible of $63 per EOU, which is less than the
assessment of $133.63 per EOU. Since the budget per EOU of $118.50 exceeds the collectible amount, staff
recommends utilizing the fund balance to make up the difference. Funds are available to do this because of prior
years' savings and by adjusting the reserve balance. The reserve under this recommendation will be 80%. The
General Fund will be reimbursed $2,282 for City staff services from the Open Space District Fund for FY
1998/99.
The reserve for this district is not between 50-65%. Under this recommendation, the reserve has been reduced
from 100% in FY 1997-98 to 80% for FY 1998/99. It is anticipated that the reserve will be reduced each fiscal
year until it is between 50-65 %, the percentage staff typically tries to maintain. Staff believes slowly reducing
the reserve is better than reducing it all the way in one year because that action would result in larger increases
in collectibles in future years.
CAP: Proposed Proposed
FY96/97 FY 97/98 FY 97/98 FY 97/98 FY98/99 FY98/99 FY98/99
Assmtl Collectionl Assmtl Assmt + Assmtl Collection! Revenue
EDU EDU EDU CPI EDU EDU
IfSD No. 18 $299.74 $270.00 $312.33 $315.77 $315.77 $253.00 $98,050
Rancho del Sur
Staff recommends that the assessment remain the same as FY 97/98 plus a CPI of 1.1 % as set forth in the Chula
Vista Municipal Code. However, staff recommends a collectible of $253 per EOU, which is less than the
assessment of $315.77 per EOU. Since the budget per EOU of $291.70 exceeds the collectible amount, staff
recommends utilizing the fund balance to make up the difference. Funds are available to do this because of prior
years' savings and by adjusting the reserve balance. The reserve under this recommendation will be 65%. The
General Fund will be reimbursed $16,510 for City staff services from the Open Space District Fund for FY
1998/99.
CAP: Proposed Proposed
OSD No. 20 FY96/97 FY 97198 FY 97/98 FY 97/98 FY98/99 FY98/99 FY98/99
Rancho del Rey AssmntlEDU Collectionl Assmntl Assmt + AssmntlEDU Collectionl Revenue
EDU EDU CPI EDU(l)
Zone 1 - Desilt 46.32 0.00 48.27 48.80 48.80 48.80 43,069
Basin
Zone 2 - Rice 3.52 1.87 3.67 3.71 3.71 3.71 14,768
Canyon
Zone3-HSt. 5.01 4.38 5.22 5.28 5.28 5.28 32,684
/tJ /9
Page 10, ltem-
Meeting Date 5/26/98
CAP: Proposed Proposed
OSD No. 20 FY96/97 FY 97/98 FY 97/98 FY 97/98 FY98/99 FY98/99 FY98/99
Rancho del Rey AssmntlEDU Collectionl Assmntl Assmt + AssmntlEDU Collectionl Revenue
EDU EDU CPI EDU(I)
Zone 4 . Business 18.67 12.39 19.45 19.66 19.66 19.66 52,003
Centre
Zone 5. SPA I 281.48 269.21 293.30 296.53 296.53 296.53 532,271
Zone 6. SPA 11 216.27 216.14 225.35 227.83 227.83 227.83 130,592
Zone 7 - SPA III 133.50 132.83 139.11 140.64 140.64 140.64 165,504
Zone 8 - North 30.78 0.00 32.07 32.42 32.42 32.42 3,906
Desilting Basin
Zone 9 - Telegraph 24.44 16.31 25.47 25.75 25.75 25.75 1,351
Canyon Channel
(I) The collectible is a preliminary figure subject to decrease upon receipt of final figures from Parks &
Recreation and is subject to City Council approval.
Rancho del Rey is a phased development of three Sectional Planning Areas (SPA). SPA I is almost completely
developed, SPA II and SPA III homes are under construction. The OSD was established in 1989 encompassing
all three areas with the understanding that the open space improvements would be constructed in phases. Because
this is a large district and not all of the items to be maintained have a benefit to the entire district, OSD 20 is
made up of several zones as indicated above. Every property within the district is in more than one zone.
TABLE 3
Typical Combined Assessment (FY98/99)
SPA I (Zones 1 or 8, 2, 3, & 5) $322
SPA II (Zones I or 8, 2, 3, & 6) $286
SPA III (Zones 1 or 9, 3, & 7) $156
Business Centre (Zones I, 2, 3, & 4) *
* Industrial (per acre) $889
* Commercial (per acre) $1,118
Due to the various zones within OSD 20, a map showing the proposed typical assessments by area has been
attached.
Staff recommends that the assessments remain the same for each zone as FY 97/98 plus a CPI of 1.1 % as set
forth in the Chula Vista Municipal Code. In each of these zones, staff recommends a collectible which is equal
to the proposed assessment. Pursuant to City Municipal Code, the reserve will be increased to 50% (minimum)
over 5 years. The General Fund will be reimbursed $150,543 for City staff services from the Open Space
District Fund for FY 1998/99.
/ð-/IJ
Page 11, Item-
Meeting Date 5/26/98
CAP: Proposed Proposed
FY96/97 FY 97/98 FY 97/98 FY 97/98 FY98/99 FY98/99 FY98/99
Assmtl Collectionl Assmtl Assmt + Assmt! Collectionl Revenue
EDU EDU EDU CPI EDU EDU
OSD No. 23 - Otay $342.71 $337.00 $357.10 $361.03 $361.03 $203.00 $11,338
Rio Business Park
Staff recommends that the assessment remain the same as FY 97/98 plus a CPI of 1.1 % as set forth in the Chula
Vista Municipal Code. However, staff recommends a collectible of $203 per EOD, which is less than the
assessment of $361.03 per BOD. Since the budget per BOD of $225.01 exceeds the collectible amount, staff
recommends utilizing the fund balance to make up the difference. Funds are available to because of prior years'
savings and by adjusting the reserve balance. The reserve under this recommendation will be 65%. The General
Fund will be reimbursed $2,255 for City staff services from the Open Space District Fund for FY 1998/99.
CAP: Proposed Proposed
FY96/97 FY 97/98 FY 97/98 FY 97/98 FY98/99 FY98/99 FY98/99
Assmt/ Collectionl Assmt! Assmt + Assmtl Collectionl Revenue
EDU EDU EDU CPI EDU EDU
OSD No. 24 $513.55 $377.00 $535.12 $541.01 $541.01 $430.00 $17,200
Canyon View Homes
Note: OSD 24 consists of only 40 townhomes sharing in the cost of large, landscaped slopes adjacent to the
townhomes.
Staff recommends that the assessment remain the same as FY 97/98 plus a CPI of 1.1 % as set forth in the Chula
Vista Municipal Code. However, staff recommends a collectible of $430 per BOD, which is less than the
assessment of $541.01 per BOD. Since the budget per BOD of $502.73 exceeds the collectible amount, staff
recommends utilizing the fund balance to make up the difference. Funds are available to do this because of prior
years' savings and by adjusting the reserve balance. The reserve under this recommendation will be 65%. The
General Fund will be reimbursed $3,343 for City staff services from the Open Space District Fund for FY
1998/99.
CAP: Proposed Proposed
FY96/97 FY 97/98 FY 97/98 FY 97/98 FY98/99 FY98/99 FY98/99
Assmt! Collectionl Assmt! Assmt+ Assmt! Collectionl Revenue
EDU EDU EDU cpr EDU EDU
OSD No. 26 $403.06 $296.00 $4]9.99 $424.61 $424.61 $313.00 $5,947
Park Bonita
Staff recommends that the assessment remain the same as FY 97/98 plus a Cpr of 1.1 % as set forth in the Chula
Vista Municipal Code. However, staff recommends a collectible of $313 per BOD, which is less than the
assessment of $424.61 per BOD. Since the budget per BOD of $365.37 exceeds the collectible amount, staff
recommends utilizing the fund balance to make up the difference. Funds are available to do this because of prior
years' savings and by adjusting the reserve balance. The reserve under this recommendation will be 65%. The
General Fund will be reimbursed $1,461 for City staff services from the Open Space District Fund for FY
1998/99.
IC""//
Page 12, Item-
Meeting Date 5/26/98
CAP: Proposed Proposed
FY96/97 FY 97/98 FY 97/98 FY 97/98 FY98/99 FY98/99 FY98/99
Asomtl Collectionl Asomtl Assmt+ Asomt! Collectionl Revenue
BDU BDU BDU cpr BOU BOU
~OSO No. 31 $416.36 $1.00 $433.85 $438.62 $438.62 $255.00 $87,975
Telegraph Canyon
Botates
Staff recommends that the assessment remain the same as FY 97/98 plus a CPI of 1.1 % as set forth in the Chula
Vista Municipal Code. However, staff recommends a collectible of $255 per EDD, which is less than the
assessment of $438.62 per EDU. Since the budget per EDD of $257.52 exceeds the collectible amount, staff
recommends utilizing the fund balance to make up the difference. Funds are available because of prior years'
savings and by adjusting the reserve balance. The reserve under this recommendation will be 50%. The General
Fund will be reimbursed $13,047 for City staff services from the Open Space District Fund for FY 1998/99.
There were excess funds available in this district because staff anticipated that the turnover of improvements
would occur in FY 94/95. Therefore, staff began collecting the assessment with the belief that the City would
begin maintenance that fiscal year. Since turnover of improvements did not occur (except for the medians) which
left excess funds for the district, no revenue was collected FY 95/96. For FY 96/97, staff anticipated that the
turnover of improvements would occur that fiscal year and, therefore, collected $271 per EDD. Since turnover
of improvements did not occur, which left excess funds, only $1 per EDU was collected in FY 97/98. It is now
anticipated that the turnover of improvements will occur in July of 1998. Therefore, staff now recommends a
collectible of $255 per EDD for FY 98/99, which is less than the amount of $271 per EDD collected in FY
96/97.
CAP: Proposed Proposed
FY96/97 FY 97/98 FY 97/98 FY 97/98 FY98/99 FY98/99 FY98/99
Asomtl Collectionl Asomtl Assmt+ Asomt! Collectionl Revenue
BOU BOU BDU cpr BOU BDU
OSD No. 33 $1,029.00 $0.00 $1,072.22 $1,084.01 $1,084.01 $0.00 $0
Broadway Busineso
Home Village
No funds collected since inception.
Staff recommends that the assessment remain the same as FY 97/98 plus a CPI of 1.1 % as set forth in the Chula
Vista Municipal Code. The budget per EDD is $695.56, however, staff recommends a collectible of $0.00 per
EDD. The reserve under this recommendation will be 0%, since no construction completion is anticipated for
FY 1997-98.
Community Development has requested, since FY 96/97, that no funds be collected because no construction has
been done on this project. However, staff will recommend collecting revenue for FY 1999/2000 because funds
will be needed to do required open space maintenance if construction is completed that fiscal year.
Itß---/e2.
Page 13, Item-
Meeting Date 5/26/98
CAP: Proposed Proposed
FY96/97 FY 97/98 FY 97/98 FY 97/98 FY98/99 FY98/99 FY98/99
Assmtl Collectionl Assmtl Assmt + Assmtl Collectionl Revenue
EDU EDU EDU CPI EDU EDU
Bay Boulevard Open $1,320.69 $1,145.00 $1,376.16 $1,391.30 $1,391.30 $645.00 $6,450
Space Maintenance
District
Note: Costs of this district are shared between four commercial properties.
Staff recommends that the assessment remain the same as FY 97/98 plus a CPI of 1.1 % as set forth in the Chula
Vista Municipal Code. However, staff recommends a collectible of $645 per EDU, which is less than the
assessment of $1,391.30 per EDU. Since the budget per EDU of$I,360.80 exceeds the collectible amount, staff
recommends utilizing the fund balance to make up the difference. Funds are available to do this because of prior
years' savings and by adjusting the reserve balance. The reserve under this recommendation will be 65 %. The
General Fund will be reimbursed $8,129 for City staff services from the Open Space District Fund for FY
1998/99.
CAP: Proposed Proposed
FY96/97 FY 97/98 FY 97/98 FY 97/98 FY98/99 FY98/99 FY98/99
Assmtl Collection! Assmtl Assmt + Assmtl Collectionl Revenue
EDU EDU EDU CPI EDU EDU
¡rwn Centre Open $46.04 $8.00 $47.97 $48.50 $48.50 $10.00 $10,000
Space Maintenance
District
Staff recommends that the assessment remain the same as FY 97/98 plus a CPI of 1.1 % as set forth in the Chula
Vista Municipal Code. However, staff recommends a collectible of $10 per EDU, which is less than the
assessment of $48.50 per EDU. Since the budget per EDU of $41.41 exceeds the collectible amount, staff
recommends utilizing the fund balance to make up the difference. Funds are available to do this because of prior
years savings and by adjusting the reserve balance. The reserve under this recommendation will be 65%. The
General Fund will be reimbursed $20,977 for City staff services from the Open Space District Fund for FY
1998/99.
~
The public hearings will be noticed pursuant to Government Code 6063 which requires that notice be published
at least once a week for three weeks and at least 10 days before the second public hearing. Staff will mail notice
of the hearings to all open space districts. The notice will inform the resident of his /her district, the current year
assessment, the CPI adjustment and the proposed assessment for FY 98/99.
The Parks and Recreation Department will conduct information meetings for all property owners within each
district in Mayor June. At the meeting, staff will explain the proposed budget to interested owners
(approximately 10,000 properties will receive notice).
Plans, specifications, and assessment roll are on file in the Public WorkslEngineering office.
jÞ-J3
Page 14, Item-
Meeting Date 5/26/98
FISCAL IMPACT:
Staff costs associated with the open space program are generated by Parks and Recreation, Public Works, and
Data Processing. Contractual costs ($1,018,293) are outlined in Attachment A. These costs are recovered
through the Open Space District collectible, causing no net fiscal impact. The total General Fund reimbursement
for City staff services from the above listed Open Space District Funds for FY 1998/99 is estimated to be
$329,556.
Attachments:
A C'"' S~ J ~ ;J « ~eJ
B District Maps 1- --- cr
C OSD 20 Assessment Map
M, \H OMB\EN OINEIJR. \AGENDA \OSRO ,. EO E
05119'98 9,13om
j!l --/'/
RESOLUTION NO. /9?Jðt
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING THE ENGINEER'S REPORTS
FOR THE FY 1998-99 SPREAD OF ASSESSMENTS FOR
CITY OPEN SPACE MAINTENANCE DISTRICTS 1-9,11,
14, 15, 17, 18, 20, 23, 24, 26, 31, 33, BAY
BOULEVARD AND TOWN CENTRE, DECLARING THE
INTENTION TO LEVY AND COLLECT ASSESSMENTS, AND
SETTING JUNE 23, 1998 AT 6:00 P.M. AND JULY
14, 1998 AT 6:00 P.M. AS THE DATES AND TIMES
FOR THE PUBLIC HEARINGS
WHEREAS, pursuant to Article 4, Chapter 1, Part 2 of
Division 15 of the California Streets and Highways Code, also known
as "Landscaping and Lighting Act of 1972" and Chula vista Municipal
Code Chapter 17.07, the City Engineer has prepared and filed the
annual reports for all existing Open Space Maintenance Districts in
the City; and
WHEREAS, these reports were prepared by the City Engineer
or under his direction and are presented to Council for approval in
order to proceed with the public hearings set for June 23,1998 and
July 14, 1998 in accordance with the Landscaping and Lighting Act
of 1972. The reports cover the following districts:
1. Open Space District Nos. 1 through 9, 11, 14, 15, 17, 18, 20,
23, 24, 26, 31 and 33.
2. Bay Boulevard and Town Centre Landscaping Districts
WHEREAS, the proposed assessments for Fiscal Year 1998-99
are as follows:
TABLE 2
PRIOR FY'S VS. FY 98/99 ASSESSMENT/COLLECTIBLE
OSD FY 98/99 Proposed Proposed
FY 96/97 FY 97/98 FY 97/98 CAP: FY 98/99 FY 98/99 FY 98/99
Assmntl Collectionl Assmnt/ FY 97/98 Assmntl Collectionl Revenue
EDU EDU EDU Assmt+ EDU EDU
Cp¡m
1 $86.00 $86.00 $89.61 $90.60 $90.60 $79.00 $52,281
2 39.90 34.00 41.58 42.04 42.04 37.00 9,213
3 273.]4 256.00 284.61 287.74 287.74 287.00 36,449
4 288.49 286.00 300.61 303.92 303.92 267.00 56,070
5 281.33 280.00 293.15 296.37 296.37 227.00 27,694
6 139.13 71.00 144.97 146.56 146.56 76.00 12,312
1
I¿?--J.Þ'
OSD FY 98/99 Proposed Proposed
FY 96/97 FY 97/98 FY 97/98 CAP: FY 98/99 FY 98/99 FY 98/99
Assmntl Collectionl Assmntl FY 97/98 Assmntl Collectionl Revenue
EDU EDU EDU Assm! + EDU EDU
CP11))
7 97.19 90.00 101.27 102.38 102.38 90.00 9,360
8 443.98 442.00 462.63 467.72 467.72 466.00 51,260
9 125.83 115.00 131.11 132.55 132.55 128.00 49,152
11 85.93 85.00 89.54 90.52 90.52 90.00 118,983
14 276.21 271.00 287.81 290.98 290.98 289.00 252,401
15 265.00 263.00 276.13 279.17 279.17 277.00 15,789
I7 126.85 1.00 132.18 133.63 133.63 63.00 2,898
18 299.74 270.00 312.33 315.77 315.77 253.00 98,050
2011) 305.30'" - - 976,147
Zone I DB 46.32 0.00 48.27 48.80 48.80 48.80 I')
Zone 2 RC 3.52 1.87 3.67 3.71 3.71 3.71 (4)
Zone3H 5.01 4.38 5.22 5.28 5.28 5.28 I')
Zone 4 BC 18.67 12.39 19.45 19.66 19.66 19.66 I')
Zone 5 I 281.48 269.21 293.30 296.53 296.53 296.53 (4)
Zone 6 II 216.27 216.14 225.35 227.83 227.83 227.83 (4)
Zone 7 lIJ 133.50 132.83 139.11 140.64 140.64 140.64 I')
Zone 8 NDB 30.78 0.00 32.07 32.42 32.42 32.42 I')
Zone 9 TCC 24.44 16.31 25.47 25.75 25.75 25.75 14)
23 342.71 337.00 357.10 361.03 361.03 203.00 11,338
24 513.55 377.00 535.12 541.01 541.01 430.00 17,200
26 403.06 296.00 419.99 424.61 424.61 313.00 5,947
31 416.36 1.00 433.85 438.62 438.62 271.00 93,495
33 1029.00 0.00 1072.22 1084.01 1084.01 0.00 0
Bay B]vd. 1320.69 1145.00 1376.16 1391.30 ]391.30 645.00 6,450
Town Centre 46.04 8.00 47.97 48.50 48.50 10.00 10,000
III Collectible to be adjusted upon analysis of data by Parks & Recreation.
121 Represented average residential assessment in SPA 1.
131 FY 98/99 assessment may be set at or below this cap without being subject to a majority protest.
14) Revenue for all wnes included in overall District 20 amount.
NOW, THEREFORE, BE IT RESOLVED that the city council of the
City of Chula Vista does hereby approve the Engineer's reports for
the FY 1998-99 spread of assessments for City Open Space Districts
1-9, 11, 14, 15, 17, 18, 20, 23, 24, 26, 31, 33, Bay Boulevard and
Town Centre and declare its intention to levy and collect
assessments.
2
/¿)-/¿,
l.
BE IT FURTHER RESOLVED that the City Council does hereby
set June 23, 1998 and July 14, 1998 at 6:00 p.m. in the Council
Chambers, city of Chula Vista, 276 Fourth Avenue, Chula Vista,
California as the dates and times for the public hearings on said
assessments.
BE IT FURTHER RESOLVED that the city Clerk is hereby
directed to publish the Resolutions of Intention pursuant to
Government Code section 6063.
Presented by Approved as to form by
John P. Lippitt, Director of
Public Works
c: IrslOSAssmen.all
3
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ATTACHMENT _.~
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COUNCIL AGENDA STATEMENT
Ite~2~
Meeting Date
ITEM TITLE: Resolution 19tf1CJ?Approving the Engineer's report for the FY 1998-99
spread of assessments for City Open Space District No. 10, declaring the intention
to levy and collect assessments and setting June 23, ]998 at 6:00 p.m. and July
14, 1998 at 6:00 p.m. as the dates and times for the public hearings
SUBMITTED BY: Director of Public Works ~
REVIEWED BY: ' Gt? (4/5ths Vote: Yes_No..x..)
City Managerk;.. p;2-
Based upon the advice of the City Attorney, agenda items and have been separated due to conflict
of interest concerns. Two Council members own property subject to the proposed assessment in this
district. Council should note that agenda statement gives all background infonnation and details
on open space districts in general which is applicable to this item, but does not include specific
infonnation on Open Space District 10.
RECOMMENDATION: That Council adopt the resolution approving the Report, direct the City Clerk
to publish the Resolution of Intention pursuant to Government Code 6063, set the dates of the public
hearings on the assessments for June 23, 1998 at 6:00 p.m. and July 14, ]998 at 6;00 p.m.
DISCUSSION:
This agenda item is the yearly resolution to assess for open space maintenance within Open Space District
Number 10 located along East J Street, west of Paseo Ranchero (see Attachment A). Table 1 relates the
present year's assessment to the proposed assessment for Fiscal Year ]998/99. Agenda item of
tonight's agenda contains all the general information regarding open space districts.
TABLE 1
PRIOR FY'S VS. FY 98/99 ASSESSMENT/COLLECTIBLE
FY 98/ 99 Proposed Proposed
FY96/97 FY 97/98 FY 97/98 CAP: FY98/99 FY98/99 FY98/99
Assmt! Collection! Assmt! FY 97/98 Assmt! Collection! Revenue
EDU EDU EDU Assmt + EDU EDU
CP¡(I)
Open Space District No. 10
El Rancho del Rey 6 & $84.91 $84.00 $88.48 $89.45 $89.45 $87.00 $54,842
Casa del Rey
(I) FY 98/99 assessment may be set at or below this cap without being subject to a majority protest.
1/-/
Page 2, Item-
Meeting Date 5/26/98
Staff recommends that the assessment remain the same as FY 97/98 plus a CPI of 1.1 % as set forth in the
Chula Vista Municipal Code. However, staff recommends a collectible of $87 per Equivalent Dwelling
Unit (EDU), which is less than the assessment of $89.45. Since the budget per EDU of $87.98 exceeds
the collectible amount, staff recommends utilizing the fund balance to make up the difference. Funds are
available to do this because of prior years' savings and by adjusting the reserve balance. The reserve under
this recommendation will be 64 %. Because this district was formed as a result of a 100 % petition by the
land owners and the assessment is not being raised above the CPI, as provided for in assessment formula,
this district is exempt from the provision of Proposition 218.
FISCAL IMPACT:
Staff costs associated with the open space program are generated by Parks and Recreation, Public Works,
and Data Processing. Contractual costs ($31,783) are outlined in Attachment B. These costs are recovered
through the Open Space District collectible, causing no net fiscal impact. The General Fund will be
reimbursed $8,285 from the OSD fund for FY 1998-99.
Attachments:
A District Map
B Estimate of Cost
n, 1H0MElENGlNEERIAGENDA IOSD 1 O.BOB
/J-:L
RESOLUTION NO. )9ðí!J?
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING THE ENGINEER'S REPORT
FOR THE FY 1998-99 SPREAD OF ASSESSMENTS FOR
CITY OPEN SPACE MAINTENANCE DISTRICT 10,
DECLARING THE INTENTION TO LEVY AND COLLECT
ASSESSMENTS AND SETTING JUNE 23, 1998 AT 6:00
P.M. AND JULY 14, 1998 AT 6:00 P.M. AS THE
DATES AND TIMES FOR THE PUBLIC HEARINGS
WHEREAS, pursuant to Article 4, Chapter 1, Part 2 of
Division 15 of the California Streets and Highways Code, also known
as "Landscaping and Lighting Act of 1972" and Chula Vista Municipal
Code Chapter 17.07, the City Engineer has prepared and filed the
annual reports for all existing Open Space Maintenance Districts in
the City; and
WHEREAS, these reports were prepared by the City Engineer
or under his direction and are presented to Council for approval in
order to proceed with the public hearings set for June 23 and July
14, 1998, in accordance with the Landscaping and Lighting Act of
1972. The report covers Open Space District No. 10; and
WHEREAS, the proposed assessment for Fiscal Year 1998-99
is as follows:
TABLE 1
PRIOR FY'S VS. FY 98/99 ASSOESSMENT/COLLECTIBLE
FY 98/99 Proposed Proposed
FY96/97 FY 97/98 FY 97/98 CAP: FY98/99 FY98/99 FY98/99
Assmt/ Collection/ Assmt/ FY 97/98 Assmt/ Collection/ Revenue
EDU EDU EDU Assmt + EDU EDU
CPI(I)
Open Space District No. 10
EI Rancho del Rey 6 & $84.91 $84.00 $88.48 $89.45 $89.45 $84.00 $54,842
Casa del Rey
(I) FY 98/99 assessment may be set at or below this cap without being subject to a majority protest.
NOW, THEREFORE, BE IT RESOLVED that the City Council of
the city of Chula Vista does hereby approve the Engineer's report
to declare its intention to levy and collect assessments for the FY
1998-99 for the spread of assessments for City Open Space
Maintenance District 10, a copy of which is on file in the office
of the City Clerk.
1
11"-3
BE IT FURTHER RESOLVED that the City Council does hereby
set June 23, 1998 at 6:00 p.m. and July 14, 1998 at 6:00 p.m. in
the City Council Chambers, City of Chula Vista, 276 Fourth Avenue,
Chula Vista, California as the dates and times for the public
hearings on said assessment.
BE IT FURTHER RESOLVED that the City Clerk is hereby
directed to publish said assessment pursuant to Government Code
Section 6063.
Presented by Approved as to form by
John P. Lippitt, Director of
John M. Kaheny, City Attorney
Public Works
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/I--V
COUNCIL AGENDA STATEMENT
/;¿
Item-
Meeting Date 5/26198
ITEM TITLE: Resolution / '1 ¿;P(/'ffApproving the Engineer's report for the FY 1998-99
spread of assessments for Eastlake Maintenance District No. ], declaring the
intention to levy and collect assessments and setting June 23, 1998 at 6:00 p.m.
and July 14, ]998 at 6:00 ?e dates and times for the public hearings.
SUBMITTED BY: Director of Public Works
REVIEWED BY: C" M Gí? (4/5ths Vote: Yes_No-X.)
Ity anager ~ D¡1-
Based upon the advice of the City Attorney, agenda items and have been separated due to conflict
of interest concerns. One Council member owns property subject to the proposed assessment in this
district. Council should note that agenda statement gives all background infonnation and details
on open space districts in general which is applicable to this item, but does not include specific
infonnation on Eastlake Maintenance District No.1 (ELMDl).
RECOMMENDATION: That Council adopt the resolution approving the Report, direct the City Clerk
to publish the Resolution of Intention pursuant to Government Code 6063, set the dates of the public
hearings on the assessments for June 23, 1998 at 6:00 p.m. and July 14, 1998 at 6:00 p.m.
DISCUSSION: This agenda item is the yearly resolution to assess for open space maintenance within
Eastlake Maintenance District Number 1, a City open space district, located along East H Street and Otay
Lakes Road, adjacent to "SR ]25" (Attachment A). Table 1 relates the present year's assessment to the
proposed assessment for the Fiscal Year 1998/99. Agenda item of tonight's agenda contains all the
general information regarding open space districts.
TABLE 1
PRIOR FY'S VS. FY 98/99 ASSESSMENT/COLLECTIBLE
OSD FY 98/99 Proposed Proposed
FY96/97 FY 97/98 FY 97/98 CAP: FY 98/99 FY 98/99 FY 98/99
Assmtl Colleclion! Assmll FY 97/98 Assmtl Collection! Revenue
EDU EDU EDU Assmt + EDU EDU(4)
CP¡(3)
ELMD #1 (I) $305,127
Eastlake ¡ $9.53 $8.10 $9.93 $10.04 $10.04 $10.04
Eastlake Greens 15.59 10.65 16.25 16.43 16.43 16.43
OTC 129.10 0.00 134.52 136.00 136.00 0.00
Salt Creek ¡ 172.19 167.74 179.42 181.39 181.39 181.39
TC Channel(2) 24.55 15.95 25.58 25.86 25.86 25.86
(1) All areas share in the cost of Otay Lakes Road medians and off-site parkways.
(2) Portions of Eastlake ¡ BC and Eastlake Greens are in benefit area.
(3) FY 98/99 assessment may be set at or below this cap without being subject to majority protest.
(4) Collectible to be adjusted upon analysis of data by Parks & Recrealion.
/;<-)
- moun
Page 2, Item-
Meeting Date 5/26/98
Costs vary by parcel due to the various zones, land uses and attributed traffic generation factors within
ELMD 1. A map showing the proposed typical assessments by area has been attached. On this map, the
Eastlake Business Center parcels' assessment is shown at $340.13 per acre.
Staff recommends that the assessments for each of the areas remain the same as FY 97/98 plus a CPI of
].1 % as set forth in the Chula Vista Municipal Code. Except for the Olympic Training Center, staff
recommends an annual collectible, as shown in Table I, which is equal to the assessment amount. Pursuant
to City Municipal Code, the reserve will be increased to 50% (minimum) over 5 years. Because this
district was formed as a result of a ]00% petition by the land owners and the assessment is not being raised
above the CPI, as provided for in assessment formula, this district is exempt from the provision of
Proposition 218.
OIY111pic Trainine- Center
On December 17, ]996, City Council, by Resolution 18528, approved an agreement to allow the ARCO
Olympic Training Center to continue maintenance of the Wueste Road landscape improvements.
Incorporated in the agreement are safeguards to ensure the maintenance is performed to City standards.
There are indemnity provisions for both parties for the use of the paths along Wueste Road.
Staff recommends setting the collectible at $0.00 per EDU, since turnover of the improvements has not
occurred. Furthermore, Parks and Recreations has indicated that OTC will continue maintenance of the
Wueste Road landscape improvements until the Eastlake Trails' property has been developed. After this
occurs, OTC will turn over the maintenance to the City as the property owners within Eastlake Trails will
share in the maintenance cost.
FISCAL IMPACT:
Staff costs associated with the open space program are generated by Parks and Recreation, Public Works,
and Data Processing. Contractual costs ($88,722) are outlined in Attachment B. These costs are recovered
through the Open Space District collectible, causing no net fiscal impact. The General Fund will be
reimbursed $40,897 for City staff services from the OSD fund for FY ]998-99.
Attachments:
A D- Mop :¿":¡ ~ ~ iA' ~vü£/
B Estimate of Cost ~ ~
C ELMD 1 Assessment Map
P,\HOMEIENGINEER\AGENDA \OSELMDI.BOB
/.,2 ~;2--
RESOLUTION NO. /'lCJð g/
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING THE ENGINEER'S REPORT
FOR THE FY 1998-99 SPREAD OF ASSESSMENTS FOR
EASTLAKE MAINTENANCE DISTRICT 1, DECLARING THE
INTENTION TO LEVY AND COLLECT ASSESSMENTS AND
SETTING JUNE 23, 1998 AT 6:00 P.M. AND JULY
14, 1998 AT 6:00 P.M. AS THE DATES AND TIMES
FOR THE PUBLIC HEARINGS
WHEREAS, pursuant to Article 4, Chapter 1, Part 2 of
Division 15 of the California Streets and Highways Code, also known
as "Landscaping and Lighting Act of 1972" and Chula Vista Municipal
Code Chapter 17.07, the City Engineer has prepared and filed the
annual reports for all existing Open Space Maintenance Districts in
the City; and
WHEREAS, these reports were prepared by the city Engineer
or under his direction and are presented to Council for approval in
order to proceed with the public hearings set for June 23 and July
14, 1998, in accordance with the Landscaping and Lighting Act of
1972. The report covers Eastlake Maintenance District 1; and
WHEREAS, the proposed assessment for Fiscal Year 1998-99
is as follows:
TABLE 1
PRIOR FY'S VS. FY 98/99 ASSESSMENT/COLLECTIBLE
OSD FY 98/99 Proposed Proposed
FY96/97 FY 97/98 FY 97/98 CAP: FY 98/99 FY 98/99 FY 98/99
Assmtl Collectionl Assmtl FY 97/98 Assmt/ Collection/ Revenue
EDU EDU EDU Assmt+ EDU(4) EDU
CPI(3)
ELMD #1(1) $305,127
Bastlake I $9.53 $8.10 $9.93 $10.04 $10.04 $]0.04
BastIake Greens 15.59 10.65 16.25 16.43 ]6.43 16.43
OTC 129.10 0.00 134.52 136.00 136.00 0.00
Salt Creek I ]72.19 167.74 179.42 181.39 181.39 181.39
TC Channel(2) 24.55 ]5.95 25.58 25.86 25.86 25.86
(I) All areas share in the cost of Otay Lakes Road medians and off-site parkways.
(2) Portions of BastIake I BC and Bastlake Greens are in benefit area.
(3) FY 98/99 assessment may be set at or below this cap without being subject to majority protest.
(4) Collectible to be adjusted upon analysis of data by Parks and Recreation.
1
/.,2 -:J
NOW, THEREFORE, BE IT RESOLVED that the City Council of
the city of Chula vista does hereby approve the Engineer's report
to declare its intention to levy and collect assessments for the FY
1998-99 for the spread of assessments for Eastlake Maintenance
District 1, a copy of which is on file in the office of the city
Clerk.
BE IT FURTHER RESOLVED that the City Council does hereby
set June 23, 1998 at 6:00 p.m. and July 14, 1998 at 6:00 p.m. in
the City Council Chambers, City of Chula vista, 276 Fourth Avenue,
Chula Vista, california as the dates and times for the public
hearings on said assessment.
BE IT FURTHER RESOLVED that the City Clerk is hereby
directed to publish said assessment pursuant to Government Code
Section 6063.
Presented by Approved as to form by
John P. Lippitt, Director of John M. Kaheny, City Attorney
Public Works
C:\r8\OS10eng.rep
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COUNCIL AGENDA STATEMENT
Item 13
Meeting Date 5/26/98
ITEM TITLE:
A) Resolution 19tJo 1 Approving Final Map of Chula Vista
Tract No. 98-02, EastIake South Greens, Unit 16, Accepting on
Behalf of the City of Chula Vista, Public Easements Granted on
Said Map within Said Subdivision, and Approving the Subdivision
Improvement Agreement for the Completion of Improvements
Required by Said Subdivision and Authorizing the Mayor to
Execute Said Agreement
B) Resolution /9ð/Cl Approving Supplemental Subdivision
Improvement Agreement for Chula Vista Tract 98-02, EastIake
South Greens, Unit 16, Requiring Developer to Comply with
Certain Unfulfilled Conditions of Resolution No. 15200 and
Resolution No. 18887 and Authorizing the Mayor to Execute Said
Agreement
SUBMITTED BY: Director of Public WorkS¡- ~
REVIEWED BY: City M"",,"iDR ~ ~ (4/5ths Vote: Yes_NoX)
On July 18, 1989, by Resolution 15200, the City Council approved the Tentative Subdivision Map
for Chula Vista Tract 88-3, Eastlake South Greens. On February 10, 1998, by Resolution 18887,
(Attachment 1) City Council approved the Tentative Subdivision Map for Chula Vista Tract 98-02
for Eastlake South Greens Unit 16. The two resolutions contain conditions of approval applicable
to EastIake South Greens Unit 16. The final map for EastIake South Greens, Unit 16 is now
before Council for approval.
Attachment 2 is a plat showing location and layout of Chula Vista Tract 98-02, EastIake South
Greens Unit 16. The Subdivision Improvement Agreement (see Attachment 3), and Supplemental
Subdivision Improvement Agreement (see Attachment 4) for Unit 16 and Final Map, are now
before Council for consideration and approval.
RECOMMENDATION: That Council adopt the resolutions approving: (A) the Final Map, and
Subdivision Improvement Agreement, and (B) the Supplemental Subdivision Improvement
Agreement.
BOARDS/COMMISSIONS RECOMMENDATION: None.
/3,-/
Page 2, Item-
Meeting Date~
DISCUSSION:
The project is generally located on the north side of South Greensview Drive between Silverado
Drive and Hunte Parkway and consists of 60 single family residential lots and 3 open space lots
on 10.89 acres.
The final map for said subdivision has been reviewed by the Department of Public Works and
found to be in substantial conformance with the approved Tentative Map. Approval of the map
constitutes acceptance by the City of all sewer, drainage, and access easements within the
subdivision.
At this time, the City is rejecting the dedication of Lots A, B, and C for open space and other
utility purposes. However, under Section 7050 of the Government Code of the State of
California, these offers of dedication remain open and subject to future acceptance by the City.
These five open space lots will be maintained by the EastIake Homeowners' Association (HOA).
Condition No.3 of Resolution No. 15200 (Attaclunent 5) requires construction or a guarantee for
construction of East Orange Avenue (Olympic Parkway) from Hunte Parkway to the westerly
subdivision boundary, Hunte Parkway from South Greensview to East Orange Avenue (Olympic
Parkway), and East Palomar Street from SR-125 to EastIake Parkway with the development of
Phase 3 of EastIake Greens. EastIake South Greens, Unit 23 was the last subdivision in Phase
3, as revised by the Amended Tentative Map 88-03A, to which the requirements for
improvements should have been satisfied prior to approval of the map. If improvements were not
constructed or guaranteed, an alternate construction phasing plan was required to be approved
by the City Engineer as authorized by Condition No.2 of the tentative map. At the time of final
map consideration for EastIake South Greens Unit 23, staff reviewed an alternate phasing schedule
proposed by EastIake Development Company (EastIake) for construction of said improvements
and recommended approving deferral of construction. In addition, a provision was included in
the Supplemental Subdivision Improvement Agreement (SSIA) for EastIake Greens Unit 12
(Attaclunent 6), specifying the tenns for the deferral of construction and submittal of improvement
guarantee. A similar provision was included in the SSIA for EastIake South Greens, Unit 23
(Attaclunent 7).
This condition has been met by the Supplemental Subdivision Improvement Agreement for
EastIake Greens Unit 10. In that agreement the Developer has agreed to furnish and deliver to
the City of Chula Vista, an approved improvement security from a sufficient surety approved by
the City of Chula Vista, in the sum of $2,518,000 which shall guarantee the faithful performance,
labor and material in connection with the installation of the street improvements for Olympic
Parkway from Hunte Parkway to the westerly subdivision boundary.
/3..-.2
Page 3, Item-
Meeting Date~
The developer has executed a Supplemental Subdivision Improvement Agreement in order to
satisfy the following conditions of Resolution No. 18887, approving the Tentative Subdivision
Map for Chula Vista Tract 98-02, Eastlake South Greens Unit 16:
1. Unfulfilled Conditions (Attachment I, Resolution 18887, General Condition No. C and
No.1):
The Developer is required to comply with all unfulfilled conditions of approval of the
Eastlake Greens Master Tentative Map, Chula Vista Tract 88-03, established by
Resolution No. 15200 and approved by Council on July 18, 1989, and shall remain in
compliance with and implement the terms, conditions and provisions of the Eastlake
Greens Sectional Planning Area (SPA) plan, General Development Plan, Planned
Community District Regulations, Water Conservation Plan, Air Quality Improvement
Plan, Residential Design Guidelines and Public Facilities Financing Plan as amended and
as are applicable to the property which is the subject matter of this tentative map, prior to
approval of the Final Map or shall have entered into an agreement with the City, providing
the City with such security (including recordation of covenants running with the land) and
implementation procedures, as the City may require, assuring that after approval of the
Final Map, the developer shall continue to comply with, remain in compliance with, and
implement such plans.
The Developer is required to comply with any and all unfulfilled conditions of approval
applicable to the Eastlake South Greens, Chula Vista Tract 88-03, Tentative Map
established by Resolution No. 15200 approved by Council on July 18, 1989, and amended
by Resolution 17618 on August 16,1994.
2. Installation of Public Facilities (Attachment I, Resolution 18887, Condition No.2):
The Developer is required to install public facilities in accordance with the Eastlake South
Greens, 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 Director may, at their discretion, modify the sequence of improvement
construction should conditions change to warrant such a revision.
3. Street light Locations (Attachment I, Resolution 18887, Condition No.6):
The Developer is required to remove and relocate two (2) street lights to provide
illumination at the two new intersections proposed. Final street light locations shall be
approved by the City Engineer.
/J~J
Page 4, Item-
Meeting Date~
4. Withholding of Building Permits (Attachment 1, Resolution 18887, Condition No. 23):
The Developer is required to agree that the City may withhold building permits for the
subject subdivision if anyone of the following occur:
a. Regional development threshold limits set by the East Chula Vista
Transportation Phasing Plan have been reached.
b. Traffic volumes, levels of service, public utilities and/or services
exceed the adopted City threshold standards in the then effective
Growth Management Ordinance.
c. The required public facilities, as identified in the PFFP or as
amended or otherwise conditioned have not been completed or
constructed to satisfaction of the City. The developer may propose
changes in the timing and sequencing of development and the
construction of improvements affected. In such case, the PFFP may
be amended as approved by the City Planning Director and Public
Works Director.
5. Defend, indemnify and Hold Harmless (Attachment 1, Resolution 18887, Condition
No. 24)
The Developer is required to agree 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 subdivider of any claim,
action or proceeding and on the further condition that the City fully cooperates in the
defense.
6. Erosion Hold Harmless (Attachment 1, Resolution 18887, Condition No. 25)
The Developer is required to agree to hold the City harmless from any liability for
erosion, siltation or increase flow of drainage resulting from this project.
7. Franchised Cable Companies (Attachment 1, Resolution 18887, Condition No. 26)
The Developer is required to agree 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. Restrict access to the conduit to only
/y-y
Page 5, Item-
Meeting Date~
those franchised cable television companies who are, and remain in compliance with, all
of the terms and conditions of the franchise and which are in further compliance with all
other 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.
8. Assessment District Additional Fees (Attachment 1, Resolution 18887, Condition No.
29)
The Developer is required to pay additional fees on a proportional basis as determined by
the City Engineer into the Assessment District Numbers 90-3, 91-1 and 94-1 or other
applicable assessment districts due to changes in the number of units approved subsequent
to district formation.
Changes to residential density requires the developer to reduce the assessment district debt
on the land if the number of fmal residential units decreases. This is to ensure that similar
residential units within a district pay similar assessments and that the security to the
bondholders is not lessened. Through an amendment to the SPA plan, the density of
Eastlake South Greens Unit 16 decreased with a loss of approximately 27.2 Equivalent
Dwelling Units. The Eastlake Company has requested a change and modification for the
three (3) assessment districts in order to lower assessments to both Unit 16 and Unit 10.
The buy down of debt required with this final map is $242,520.40 and has been secured
by a cashier's check in the event that the change and modification is not approved by City
Council by June 23, 1998. The analysis for the buy down is included as Attachment 8 and
the change and modification for these units will be under separate Council reports.
9. Acquisition/Financing Agreement (Attachment I, Resolution 18887, Condition No.
32)
The Developer is required to comply with the terms and conditions of the
Acquisition/Financing Agreement for Assessment District 94-1, CO 94-064, approved by
Council Resolution 17483 as said terms and conditions may be applicable to this
development.
10. Declaration of Covenants, Conditions and Restrictions (Attachment I, Resolution
18887, Condition No. 40):
The Declaration of Covenants, Conditions and Restrictions shall include provisions
assuring maintenance of all applicable open space areas, streets, driveways and drainage
systems which are private. The City of Chula Vista shall be named party to said
Declaration authorizing the City to enforce the terms and conditions of the Declaration in
the same manner as any owner within the subdivision.
/:J ~S--
Page 6, Item-
Meeting Date~
Include in the CC&R's a set of design and construction guidelines for allowable accessory
structures outlining setbacks (sides and rear), maximum permitted private patio area cover
area, permitted height etc.
11. Electronic File Submittals (Attachment 1, Resolution 18887, Condition No. 41):
The Developer is required to submit copies of Final Maps in a digital format such as
(DXF) graphic file prior to approval of each Final Map. Provide Computer Aided Design
(CAD) copy of the Final Map based on accurate coordinate geometry calculations and
submit the information in accordance with the City Guidelines for Digital Submittal in
duplicate on 5-114" HD or 3-112" disks. Submit as-built improvement and grading plans
in digital format. Provide security to guarantee the ultimate submittal of improvements
and grading digital files. Update electronic files after any construction pen and ink changes
to the grading or improvement plans and resubmit to the City.
12. Chula Vista Municipal Code (Attachment 1, Resolution 18887, Condition No. 43):
The Developer is required to comply with all applicable sections of the Chula Vista
Municipal Code; Developer further agrees to prepare its Final Map and all plans in
accordance with the Subdivision Map Act and City's Subdivision Ordinance and
Subdivision Manual.
13. Payment of Applicable Fees (Attachment I, Resolution 18887, Condition 45)
The Developer is required to pay all applicable fees in accordance with the City Code and
Council Policy, including, but not limited to, the following:
a. The Transportation and Public Facilities Development Impact Fees.
b. Signal Participation Fees.
c. All applicable sewer fees, including but not limited to sewer
connection fees.
d. SR-125 impact fee.
e. Telegraph Canyon Pump Sewer Fee.
14. Federal, State and LocaI Compliance (Attachment 1, Resolution 18887, Condition 46)
The Developer is required to comply with all relevant Federal, State, and Local
regulations, including the Clean Water Act. The developer shall be responsible for
J3'¿
¡;.~~ "_..~1~_~- -'-_u'<-
Page 7, Item-
Meeting Date...sa6L28...
providing all required testing and documentation to demonstration said compliance as
required by the City Engineer.
15. Fire Department Requirements (Attachment I, Resolution 18887, Condition 47)
The Developer is required to ensure that all fIre hydrants are installed and operable and
that 20' fire access roads are usable prior to delivery of any combustible construction
materials.
16. Noise Level Requirements (Attachment 1, Resolution 18887, Condition 48)
The Developer is required to design and construct all dwelling units to preclude interior
noise levels over 45 dBA and shield all exterior private open space to limit noise exposure
to 65 dBA.
Please note that the Developer's Disclosure Statement, and the February 10, 1998 City Council
Minutes pertaining to approval of the Tentative Subdivision Map are included as Attachments 9,
10, respectively.
The developer has also executed a Subdivision Improvement Agreement and has provided bonds
to guarantee construction of the required public improvements and the subdivision monumentation
and benchmarks.
FISCAL IMPACT:
All staff costs associated with processing of improvement plans and fmal map will be reimbursed
from developer deposits.
Attachments: r
Attachment I: Chula Vista Tract 98-D2, Resolution 18887
Attachment 2: Location Map/Subdivision Plat for Unit 16 ~
Attachment 3: Subdivision Improvement Agreement for Unit 16 1. ~
Attachment 4: Supplemental Subdivision Improvement Agreement for Unit 16 . ........-
^""""~ ,. ""'. V;~ .- ..~. -- ~M,;.;oo .... """";00 ,,~ ~
Attachment 6: Supplemental Subdivision Improvement Agreement for Unit 12 Resolntion 18211
Attachment 7: Supplemental Subdivision Improvement Agreement for Unit 23 Resolution 18225
Attachment 8: "Assessment District 94-01 Buy Down Required for Eastlake Greens Unit 16 (A.p.N. 643-D32-0100r
Attachment 9: Developer's Disclosure Statement
Attachment 10: Minutes of 2/10/98 Regarding Resolution No. 18887
H: IHOMEIEN GINEER lLANO DEV\CAS 16. DEK May 20, 1998 (3:54pm)
/3~?
RESOLUTION NO. 19¿7¿J (
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING FINAL MAP OF CHULA VISTA
TRACT NO. 98-02, EASTLAKE SOUTH GREENS, UNIT
16, ACCEPTING ON BEHALF OF THE PUBLIC THE
PUBLIC STREETS DEDICATED ON SAID MAP,
REJECTING ON BEHALF OF THE CITY OF CHULA VISTA
THE OPEN SPACE LOTS GRANTED ON SAID MAP,
ACCEPTING THE EASEMENTS GRANTED ON SAID MAP
WITHIN SAID SUBDIVISION, AND APPROVING THE
SUBDIVISION IMPROVEMENT AGREEMENT FOR THE
COMPLETION OF IMPROVEMENTS REQUIRED BY SAID
SUBDIVISION AND AUTHORIZING THE MAYOR TO
EXECUTE SAID AGREEMENT
The city Council of the city of Chula Vista does hereby
resolve as follows:
NOW, THEREFORE, BE IT RESOLVED that the City Council of
the City of Chula Vista hereby finds that that certain map survey
entitled CHULA VISTA TRACT 98-02, EASTLAKE SOUTH GREENS UNIT 16,
and more particularly described as follows:
Being a subdivision of Lot 4 of Chula Vista Tract 88-3A
EastLake South Greens Phase 2 and 3, in the City of Chula
Vista, County of San Diego, State of California,
according to Map thereof No. 13292, filed in the office
of the County Recorder of San Diego County, January 25,
1996.
Area: 10.882 acres No. of Lots: 63
Numbered Lots: 60 Lettered Lots: 3
is made in the manner and form prescribed by law and conforms to
the surrounding surveys; and that said map and subdivision of land
shown thereon is hereby approved and accepted upon receipt by the
City of Chula vista of all improvement securities described in the
Subdivision Improvement Agreement.
BE IT FURTHER RESOLVED that said Council hereby accepts
on behalf of the public the public streets, to-wit: Inverness
Avenue, Steamboat Springs Court and Forest Meadow Court, and said
streets are hereby declared to be public streets and dedicated to
the public use.
BE IT FURTHER RESOLVED that a deed granting an
irrevocable offer of fee interest in Lots A, Band C is hereby
presently rejected, but the Council reserves the right, pursuant to
Section 7050 of the California Government Code, to accept said
irrevocable offer at some future time.
/3/1 /
BE IT FURTHER RESOLVED that said Council hereby accepts
on behalf of the City of Chula Vista the easements with the right
of ingress and egress for street tree planting and maintenance of
sewer facilities, general utility easement within Open Space Lots
A, B and C, all as granted and shown on said map within said
subdivision, subject to the conditions set forth thereon,
BE IT FURTHER RESOLVED that the City Clerk of the City of
Chula Vista be, and is hereby authorized and directed to endorse
upon said map the action of said Council; that said Council has
approved said subdivision map, and that said public streets are
accepted on behalf of the public as heretofore stated and that
those certain easements with the right of ingress and egress for
the construction and maintenance of street tree planting, and sewer
facilities, as granted thereon and shown on said map within said
subdivision is accepted on behalf of the City of Chula Vista as
hereinabove stated.
BE IT FURTHER RESOLVED that the City Clerk be, and is
hereby directed to transmit said map to the Clerk of the Board of
Supervisors of the County of San Diego only upon the acceptance by
the City of Chula Vista and its City Attorney of the improvement
securities described in the Subdivision Improvement Agreement.
BE IT FURTHER RESOLVED that that certain Subdivision
Improvement Agreement dated the ----- day of , 1998, for
the completion of improvements in said subdivision, a copy of which
is attached hereto and by reference made a part hereof, the same as
though fully set forth herein be, and the same is hereby approved.
BE IT FURTHER RESOLVED that the Mayor of the City of
Chula Vista be, and is hereby authorized and directed to execute
said agreement for and on behalf of the City of Chula Vista.
Presented by Approved as to form by
Vr\;JLt~ ~
John P. Lippitt, Director of ~ John M. Kaheny, Cit~
Public Works Attorney
13/9-;¿
RESOLUTION NO. /9¿;:;/¿;
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING SUPPLEMENTAL SUBDIVISION
IMPROVEMENT AGREEMENT FOR CHULA VISTA TRACT
98-02, EASTLAKE SOUTH GREENS, UNIT 16
REQUIRING DEVELOPER TO COMPLY WITH CERTAIN
UNFULFILLED CONDITIONS OF RESOLUTIONS NO,
15200 AND 18887 AND AUTHORIZING THE MAYOR TO
EXECUTE SAME
WHEREAS, the developer for Eastlake South Greens Unit 16
has executed a Supplemental Subdivision Improvement Agreement
(SSIA) in order to satisfy Condition 3 of Resolution 15200 and
Conditions 1, 2, 6, 23, 24, 25, 26, 29, 32, 40, 41, 43, 45, 46, 47
and 48 of Resolution 18887 approving the Tentative Map for EastLake
South Greens, Unit 16.
NOW, THEREFORE, BE IT RESOLVED the City Council of the
City of Chula Vista does hereby approve the Supplemental
Subdivision Improvement Agreement for Eastlake South Greens Unit 16
requiring developer to comply with certain unfulfilled conditions
of Resolutions 15200 and 18887, a copy of which is on file on the
office of the City Clerk as Document Notf~79
BE IT FURTHER RESOLVED that the Mayor of the City of
Chula Vista is hereby authorized and directed to execute said
Agreement for and on behalf of the City of Chula Vista.
Presented by Approved as to form by
~ ~cX;
John P. Lippitt, Director of
Public Works Attorney
c:\RS\ElSG16.FM
13E-/
ATTACHMENT 1 ~/3
RESO!...UïION NO.1 8887
A RESOLUTION OF TH¡: CITY COUNCIL DF THE CITY DF
CHULA VISTA APPRDVING AND IMPDSINGCDNDrTlDNS DN
THE TENTATIVE SUBDIVISION MAP FOR EASTLAKE SDUTH
GREENS UNIT 16, CHULA VISTA TRACT NO E8-02
I. RECITALS
A. Project Site
WHER¡:AS, the area of land which is the subject maner of this resolUtion is
diagrammatically represented in Exhibit A .attached hereto and incorporated
herein by:this reference, is commonly known as Eastlake :South Greens Unit
16 Tentative Subdivision III'wp,Chula Vita Tract EB-D2; :and for .purpose Df
general description herein consists Df 10.89 acres located Dn the.north side
of SoUth Greensview Drive west of Hunte Parkway within :the Eastlake
Greens Planned Community ~md PC zone District ("Project site"').
B. Project; Application im Discretionary Approval
WHEREAS, on October 27, 1.9.97 The Eastlake Company ("Developer") filed
a tentative subdivision map application with the Planning Department of the
City oi Chula Vista and reQuested approval of :the Tentative Subdivision Map
known as Eastlake SoUth Greens Unit 16. Chula Vista Tract 98-02 in order
to subdivide the Project site into 60 single family residential Jots and 3 open
space lots ("Project"); and
C. Prior Discretionary Approvals
WHEREAS, the development of the Project Site has been the subject maner
of 1) a General Development Plan, EastLake II (EastLake I Expansion)
previously approved by City Council ResolUtion No. 151.98 ("GDP"); 2) "the
EastLake Greens Sectional Planning Area Plan, .previously adopted by City
Council ResolUtion No. 151.99; (SPA): allappwved Dn July ':lB. 1.989: and,
3) an Air Quality Improvement Plan (EastLakeGr£!ensAir.Duality
Improvement Plan) and 4) a WaterConselVationPlan (EastLake Greens
Water Conservation Plan) and Public Facilities Financin£ Plan (Eastlake
Greens Public Facilities financing .Plan). all pHwiously approved by "the City
Council on November 24, 1992. by ResolUtion No. 16898.5) Eastlake
Greens Master Tentative Subdivision map, .approved by Resolution
No.1761 8; and
D. Planning Commission Record on Application
WHEREAS, the Plannin£ Commission .held Bn .advertised :public hearing on
said project on January 14, 1998 and voted 7-D 1:0 recommend that the
City Council approve the prqject based upon the .findin£ s Bnd subject to the
conditions listed below; and
I
ResolUtion 18887
Page 2
_. City Council Record of Appiications
WHEREAS. a duly called and noticed public hearing on the Project was held
before the City Council of the City of Chula Vista on February 10. 1998, on
the Project and to receive the recommendations of the 'Planning Commission,
and to hear public: testimony with regard to same.
NOW. THEREFORE, BE IT RESOLVED that the City Council does hereby find,
determine and resolve as follows:
II. P!...ANNING C:Jfv1fv1ISSION RECORD
The proceedings and all evidence introduced before the Planning Commission at
their public hearing on this Project held on January 14, 199B, Dnd 1:he minUtes and
ResolUtions resulting therefrom, ëre hereby incorporated into 1:he Tecord of this
proceeding.
III. CERTIFICATION OF COMPLIANCE WITH CEOA
The Environmental Review Coordinator .has determined mat the Project implements
and falls under the purview of FEIR 86-04(8) and that no further environmental
Teview is necessary. ",.,.
N. TENTATIVE SUBDIVISldN MAP FINDINGS
A. Pursuant to Government Code Section -66473.5 of the Subdivision Map Act,
the City Council finds that the Tentative Subdivision Map, as conditioned
herein for Eastlake SoUth Greens Unit 16, Chula Vista Tract 'No. 98-02 is in
conformance with the Eastlake II General Development Plan, Eastlake Greens
Sectional Planning Area Plan and the elements of the City's General Plan.
based on the following:
1. Land Use
The General Development Plan designation is 'Medi~ DenSity Residential (5-
15 du/ac) Dnd 1:he SPA allows 109 dwelling units -Dt a density of
approximately 10 du/ac. The proposed SO lot subdivision is within 1:he
allowable density and permitted number oT dwelling units. Therefore, as
conditioned, the Project is in substantial compliance with the City's General
Plan, EastLake II General Development Plan {GDPJ and Eastlake Greens
Sectional 'Planning Area (SPA) plan.
2. Circulation
All of1:he on-site and off-site public streets required to ser:ve the subdivision
'Will be constructed or DIF fees paid by the rleveloper in ëccordance with the
Eastlake Greens Public Facilities Financing 'Plan :and Development Agreement.
The public streets within the Project will be designed in accordance with 1:he
City design standards andlor requirements and provide for vehicular and
pedestrian connections with adjacent streets.
:¿
Resolution 18887
Page 3
-
3. Housing
Resolution No. 15751 adopted by the City Council on August 7.1990.
requires the developer:to provide .ten percent of the total number of units
allowed in the EastLake Greens Planred Community ior low and moderate
income households.
in July 19.95. the City .council approved 11 .programônd the applicant 'entered
into ôn agreement for the provision of 1Iffordable Housing within the Eastlake
Greens Planned Community- The program outlines the required number of
low and moderate income units. the proposed location and the
implementation schedule.
4. C cmservati on
The Environmental .Impact Report FEIR-B6"D4 (B) addœssed :the goals and
policies of :the Conservation Element of the General Plan. The development
of "this site is consistent with these goals and policies,
"5. Parks and Recreation, Open Space
The EastLake Greens Sectional Planning ATea (SPA) plan provides public and
private .parks. "trails ônd open space consistent with City policies,
6. Seismic Safety
The proposed subdivision is in conformance with :the goals 1Ind 'policies of
"the Seismic Element of :the General Plan for this site.
7. Safety
The Fire Department and other emergency service agencies have reviewed
"the proposed subdivision for conformance with City safety :policies ôndhave
determined that "the proposal meets th; City Threshold. Standards for
emergency services.
8. Noise
Noise mitigation measures included in the Environmental Impact Report FEIR-
B6-04 (B) 1IdeQuately address the .noise policy of the General Plan. The
Project shall be designed so that all dwelling units preclude interior noise
levels over 45 dBA. and exterior noise exposure to £5 dBA, in accordance
with the City's performance standards.
.9. Scenic Highway
- ~ The Project is not :adjacent to scenic highways.
-3
Resolution 1 BBB7
Page 4
10. 3icycie Routes
,
When "the street system in the EastLake Greens planned community was
originally considered. appropriate bicycle lanes were induded within the
community. The private streets within the project are of adequate width 1:0
accommodate bicycle 1:ravel imerior to the site.
11. ?ublic Buildings
No public buildings are proposed on the project site. The Project is subject
to RCï tees prior to issuance of building permits.
B. Pursuant to Section 66412.3 of the Subdivision Map Act. the Council
certifies that it has considered the effect of thIS approval on the housing
needs of the region and has balanced those needs against the public service
needs uf 1:heresidems of the City and me available fiscal and environmental
resources.
C. The configuration. orientation and topography of the site partially allows tor
the optimum sining of lots Tor passive or natural heating and cooling
opportunities as required by Government Code Section 66473.1.
--
D. The site is physically suitable for residential development and the proposal
conforms to all standards established by the City Tor such projects.
E. The .conditions herein imposed on the grant of permit or other entitlement
hert!in contained is approximately proportional both in nature and extent 1:0
the impact created by "the proposed development.
BE IT FURTHER RESOLVED. that the City Council does hereby approve the Project subject
1:o1:he general and special conditions set Torth below.
V. GENERAL 'CONDITIONS OF APPROVAL
The approval of me foregoing Project is hereby conditioned as follo~s:
A. Project Site is Improved with Project
Developer, or their successors in interest, shall improve the Project Site with
"the Project as described in the Master Tentative Map. Tract No. 88-03
Resolution No. 15200 and FEiR 86-04 (B) 'Mitigation 'Measures except as
modified by mis Resolution.
B. Mitigation Measures
Developer shall diligently implement. or cause the implementation of all
mitigation measures pertaining to the Project identified in the .Final .
Environmental Impact Report FEIR-86-D4 (B).
r:
ResolUtion 18887
Page 5
C. Implement previously adopted conditions of approval per1inent to proje::t
Unless Dtherwise conditioned, developer shall comply with all unfulfilled
conditions of approval Df the Eastlake Greens Master Tentative Map, Chula
Vista Tract 88-03. established by ResolUtion No. 1520D ßnd approved by
Council.on.July 18,1..989, and shall remain in compliance with and
implement the terms, r:onóitions and provisions of the Eastlake Greens
Sectional Planning Area (SPA) plan, General Development Plan. Planned
Community District Regulations. Water Conservation Plan, Air Quality
Improvement Plan, Residential Design Guidelines and Public Facilities
Financing Plan as amended and as are applicable 10 the proper1y which is the
subject manerof this "tentative map, prior "to approval of the Final Map or
shall have entered into an agreement with "the City. providing "the City with
such security ..(including .rBr:ordationoý covenants ~unning with "the land) and
implementation procedures. as "the City may require. assuring :thataiter
approvBI of :the Final Map. the developer shall continue to r:omply with,
~emainin compliance with. and implement such plans.
D. Implement Public Far:ilities Financing Plan
Developer shall install public facilities in accordance with the Eastlake Greens
Public Facilities Financing Plan. as amenóed or as required by the City
Engineer, to meet "threshold standards Bdopted by "the City of Chula Vista.
The City Eng.ineer ßnd Planning Director may. .at their óiscretion. modify the
sequence of improvement construction should conóitions change to warrant
such .arevision.
_. Design Approval
The applicant shall óevelop the lots in accordance with the applicable
Eastlake Greens Development Regulations and Desi9n Guidelines. The plans
for thisresidemial .project .shall be submined for review and obtain approval
under "the City's design review process prior to subminal for building
permits.
.
F. Project Phasin9
If phasing is proposed within an individual map or through multiple final
maps, the Developer shall submit and obtain approval for a development
phasing plan by the City Engineer .and Director of Planning prior to approval
of any final map.
The phasing plan shallinc:lude:
1. A site plan :showing :the jot lines and lot numbers, the phase lines and
.phase numbers ßnd .number ,of dwelling units in each phase.
-
2. A table showing the phase number, "the jots included in the phase and.
the number of units included in each phase.
S-
-
ResolUtÍon 1 BBB7
Page 6
Improvements. facilities and dedications to be provided with each phase or
unit of development shall be as determined by the City Engineer and Director
of Planning. The City reserves the right to !:onditionally "approve each final
map and require improvements, facilities and/òr dedications as necessary to
provide adequate circulation and to meet the requirements of police and fire
departments. The City Engineer and Planning Director may at their
discretion. modify the sequence vf improvement construction should
conditions change to warrant such revision(s).
G. Tentative Subdivision Map Conditions
Prior to approval of the first final map. unless otherwise indicated. the Project shall:
1. Comply with any and all unfulfilled conditions of approval applicable to the Eastlake
South Greens, Chula Vista Tract BB-03. Tentative Map established by "Resolution
No. 15200 approved by Council on July 1 B, 1989, and amended by Resolution
1761 B on August 16,1994.
2. Install public facilities in accordance with the ::astlake South Greens,
Public Facilities Financing Plan as amended or as required by the City
=ngineer to meet threshold standards adopted by the City of Chula
Vista. The City Engineer and Planning Director may. at their ~:
discretion. modify the sequence of improvement construction should
conditions change to warrant such a revision.
STREETS RIGHTS-OF-WAY AND PUBLIC IMPROVEMENTS
3. Design and construct all street improvements in accordance with
Chula Vista Design Standards, Chula Vista Street Standards. and the
Chula Vista Subdivision Manual unless otherwise approved by the
City Engineer. Submit for approval by the City Engineer improvement
plans detailing "horizontal and vertical alignment of said streets.
Said improvements shall include. but not be li1J1ited to, asphalt
concrete pavement, base, concrete curb, gutter and sidewalk, sewer
and water utilities, drainage facilities, street lights, signs, cui rie sacs,
street knuckles and fire hydrants.
4. Guarantee prior to approval of the Final Subdivision Map, the
construction of public street improvements (streets, sewer, drainage,
utilities, etc.) deemed necessary to provide service to the subject
subdivision in accordance with City standards.
5. Submit and obtain preliminary approval for proposed street names
from the Director of Planning and the City Engineer. Dedicate to
public use, the Tight of way for all streets shown on the Tentative
map within the subdivision.
6. Street light locations shall be approved by the City Engineer.
6
Resolution 18887
Page 7
7. Construct five and one half foot [5 J.> '} sidewalks and construct
pedestrian ramps on all walkways 10 meet or exceed the ~ Americans
with Disabilities Act" standards.
8. Present wrinen verification 1:0 the City Engineer from Otay Water
District that the subdivision will be provided adequate water service
and long term water storage facilities.
9. Connect proposed storm drain system to existing 30" R.C-P. storm
drain in South Greensview Drive. Connect proposed sewer system to
existing sewer in South Greensview Drive.
10. All streets which intersect other streets at or near horizontal or
v£;rtical curves must meet intersection .design sight distance
requirements in :accordancß with City standards.
'11. All sanitary sewer facilities -required for development of any lot
subject 1:0 "Telegraph Canyon Sewer Pumped Flows DIF or Salt Creek
Sewer:Basin DIF shall be J uaranteed .prior to recordation of the
Subdivision Final Map for said lot.
GRADING AND DRAINAGE
12. Submit hydrologic .and hydraulic studies and ¡:alculations, including
dry lane calculations for all .public streets. Calculations shall also be
provided !O demonstrate !he adequacy of downstream drainage
structures, pipes and inlets.
13. Storm drain design shall be accomplished on the basis of the
requirements of the Subdivision Manual and !he Grading Ordinance (
411797 as amended)
14. .Provide improved access to all storm drain clean outs or as approved
by the City Engineer.
.
15. Submit to and obtain approval from !he City Engineer for an erosion
and sedimentation control plan as par! of grading plans.
16. .Provide an updated soils report or an addendum to the original
document prepared by a registered engineer, as required by the City
Engineer.
17. Design the storm drains and other drainage facilities to include Best
Management 'Practices to minimize non-point source pollution,
satisfactory to the City -Engineer.
- 18. Submit ~as built" improvement and J rading plans 13S required by the
City Subdivision 'Manual. Additionally, provide the City said plans in '..
a di.9ital D.X.F. file format.
7
ReSOlUtion 1 BBB7
Page 8
19. Lot lines shall be located at the top of slopes except as approved by
, the City En9ineer. Lots shall be so 9raded as to drain to the street or
an approved drainage system. Drainage shall not be permitted to
flow over slopes.
20. All grading and pad elevations shall be within 2 feet of the grades and
elevations shown on the approved tentative map or as otherwise
approved by the City Engineer and Planning Director.
21. ?rior to approval of Final Subdivision Map, the Developer shall submit
a iist of prop.osed Jots indicating whether the Structure will be located
on fill, cUt, or a transition between the two -situations.
22. The inc::Jinationof each cUt or fill surface Tesultin9 in a slope shall not
be steeper than 2:1 (two horizontal to one vertical) except for minor
siopes as herein defined.
All construCted minor slopesshall be designed for proper Stability
considering both geological and soIl properties. A minor slope may be
conStructed no steeper than one and one-half horizontal to one
vertical (1.5:1) contingent upon:
~
a. Submission of reports by both a soils en9ineer and a
certified engineering geoiogiSt Containing the results of surface
and subsurface exploration and analysis. These results should
be sufficientior-the soils engineer and engineering geoiogiSt to
certify that in their professional opinion, the underlying
bedrock and soil Supporting the slope have Strength
characteriStics sufficient to provide a Stable sloDe and will not
pose a danger to persons or property, and
b. The installation of an approved special slope planting program and
lITIgation :SYStem.
c. A -Minor Slope" is defined as a slope four (4) feet or less in
vertical dimension in either cUt or fill, between single family lots and
not parallel to any Toadway.
AGREEMENTS
23. Agree that the City may withhold building permits for the subjeCt
subdivision if Bny one of the following OCcur:
a. Regional development threshold limits set by the EaSt Chula
Vista Transportation Phasing Plan have been Teached.
b. TTaffic volumes, levels of servîc::e, public Utilities and/or
servîc::es exceed the adopted City threshold Standards in the
then effective Growth Management Ordinance.
r5
ResolUtion 18887
Page 9
c. The required public faciiiIies, as identified in the p;=r:p or as
amended or otherwise conditioned have not been completed or
constructed to satisfaction of the City. The developer may
propose changes in the timing and sequencing of development
and the construction of improvements affected. In such case,
the PFFP may be amended as approved by the City Planning
Director and Public Worr-.s Director.
24. Agree 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 anack, set aside, void
or annul any approval by the .City, including approval by its Planning
Commission, City Councilor any approval by ttsagents, officers, or
Bmployees with IBgard to this subdivision pursuant to Section
66499.37 of the State Map Act provided the City promptly notifies
the subdivider of any claim, action or proceeding Bnd on the further
condition that the City fully cooperates in the defense.
25. Agree to hold the City harmless from Bny liability for erosion, siltation
or increase flow of drainage resulting from this project.
26. Agree to enSUΠthat all franchised cable 1:ele>lision companies ("Cable
~ CompanY")Bre permined equal opportunity to place conduit and
provide cable television service to each lot within the subdivision.
Restrict access 1:0 the conduit to only those franchised cable
television companies who are. and remain in compliance with, all of
the terms and conditions of the franchise and which are in further
compliance with all other 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.
OPEN SPACE/ASSESSMENTS
27. Gram an Irrevocable Offer of Dšdication(lODL on the Final Map for
Open .space Lots A, E, and C within the subdivision.
28. Provide proof to the satisfaction of the CiW Engineer Bnd Director of
Planning that all improvements located on open space lots MA", ME",
and "c" will be incorporated into and maintained by the existing
EastlakeHomeowners .Association.
29. Pay additional ieeson a proportional basis as determined by the City
Engineer into 1:he Assessment District Numbers 90-3, 91-1 and 94-1
mother applicable BsseSSment districts due to changes in the number
of units Bpproved subsequent to district formation.
-
3D. Pay all costs associated with apportionment of assessments for all
City assessment districts as a result of subdivision of lands within the
boundary. Submit an apportionment form and provide .a deposit to
9
ResolUtion 18887
Page 10
the City estimated at $4,725.00 ( $25 per lot X 63 lots X 3 districtsl
to cover costs.
31. Submit all Special Tax and Assessment disclosure forms for the
approval of the City Engineer.
32. Comply with the "terms and conditions of the AcQuisitionír-inancing
Agreement for Assessment District 94-1, CO 94-064, approved .by
Council BesolUtion 17483 as said terms and conditions may be
applicable to this development.
33. The Developer shall be responsible for street trees in accordance with
Section 18.28.10 of the Chula Vista Municipal Code. The use of
cones shall be included where necessary to reduce the impact of root
systems disrupting adjacent sidewalks and rights-of-way.
34. Maintenance of all facilities and improvements within open space
areas covered by home owners associations shall be covered by
CC&Rs 10 be submined and approved by the Engineering Department
prior 10 approval of the associated final map.
35. Prior 10 "the approval of any final map, the Developer shall request in ,.,..
writing that maintenance of all facilities and improvements within the
open space area associated with such map shall be the responsibility
of the Eastlake Greens Open Space 'Maintenance District I.
36. All Utilities which service open space shall be located within the open
space or within dedicated City right-of-way.
37. ~or walls which are located within the open space maintenance
district, owners of adjoining lots shall sign a statement when
purchasing their homes that they are aware that "the wall is on Open
Space .propertyand that "they may not modify or supplement "the wall
or .encroach onto Open Space property.. Thes~ restrictions shall also
be Teflected;n theCC&Rs for each lot, and 13 copy of said restrictions
shall be provided to the City for its approval.
EASEMENTS
38. Grant on the final map a minimum 15' wide easement to the City of
Chula Vista for construction and maintenance of sewer facilities
within Lots 2 and 39.
39. Grant "to the 'City a 5.5 foot wide street tree planting and
maintenance easement along all public streets within the subdivision.
Said -easement shall extend from the property line and shall contain
no slope steeper than 5:1 ( horizontal to vertical ratio).
/0
ResolUTion 1 BBB7
Page 11
-
MISCELLANEOUS
40. The Declaration of Covenants, Conditions and Restrir:tions shall
include provisions assuring maintenance of all open space areas as
applicable, streets. driveways, drainage and sewage systems which
are private. The City of Chula Vista shall be named as party to said
Declaration aUThorizing the City to enforce the terms and conditions
of the Declaration in the same manner as any owner within the
subdivision. .
41. Submit copies of Final Maps in a digital format such as (DXF) graphic
iile prior to approval of each Final Map. Provide CompUTer Aided
Design (CAD) copy of the Final Map based on accurate coordinate
geometry calculations and submit the information in accordance with
the City Guidelines for Digital Submittal in duplicate on 5-1/4~ HD or
3-1/2~ disks. .Submit as-built improvement cmd grading plans in
digital format. Provide security to guarantee Ihe ultimate .submittal Df
improvements and grading digital files. Update eler:tronic files after
any construction 'Pen and ink changes 10 "the grading or improvement
plans and resubmit "to "the City.
42. Tie the boundary of the subdivision to the California System - Zone VI
- (19B3).
CODE REQUIREMENTS
43. Comply with all applicable ser:tions of the Chula Vista Municipal
Code. Preparation of the Final Map .and all plans shall be in
accordance with "the provisions of the Subdivision Map Act and the
City of Chula Vista Subdivision Ordinance and Subdivision Manual.
44. Underground all UTilities within the subdivision in Bccordance with
Municipal Code requirements.
45. Pay all applicable fees in accorOance with "the City Code Bnd Council
Policy, including, but not limited to. the following:
a. - The Transportation and Public Facilities Development .lmpar:t
Fees.
b. Signal Participation Fees.
c. All applicable sewer iees. including bUT not limited to sewer
connection fees.
d. SR-125 impact fee.
~
e. Telegraph Canyon Pump Sewer Fee.
i. Salt Creek Ranch Sewer Basin Fee.
II
Resolutio:l 1 BBB7
Page 12
4::. The developer shall comply with all relevant Federal. State, and Local
regùlations, including the Clean Water Act. The developer shall be
responsible for providing all required 1:esting and documentation 10
demonstration said compliance as required by 1:he City Engineer.
47. The fire hydrant on Street" A" shall be relocated 10 the entry street as
indicated by the Fire Department. All fire hydrants shall be installed and
operable and 20' fire access roads shall be usable prior to delivery of any
combustible construCtion materials.
4£. Design all dwelling units to preclude interior noise levels over 45 dBA and
shield all exterior private open space 10 limit noise exposure 10 65 dBA.
VI. CONSEQUENCE OF FAILURE OF CONDITIONS
If any of the foregoing conditions fail 10 occur, or if they are, by theinerms.1:o be
implemented and mairr..ained over time, if any of such conditions fail 10 be so implemented
and maintained according to their terms, the City shall have the right to revoke or modify
all approvals herein granted, deny, or further condition issuance of all future building
permits, deny, revoke. or further condition all certificates of occupancy issued under the
authority of approvals herein granted, institute and prosecute litigation 10 compel their
compliance with said conditions or seek damages for 1heir violation. No vested rights are
gained by Developer or a successor in interest by the City's approvéll of this Resolution.
VII. INVALIDITY; AUTOMATIC REVOCATION
It is the intention of ,he City Council ,hat its adoption of ,his Resolution is Dependent upon
1he enforceability of each and every 1erm, provision and condition herein stated; and ,hat
in ,he event ,hat anyone or more terms, provision, or conditions are determined by a
Court of competent jurisdiction to be invalid, illegal or unenforceable, this resolution shall
be deemed to be automatically revoked and of no further force and effect ab initio.
Presented by Approved as ,0 form by
.
;f,dd.LL
Robert A. Leiter
Planning Director
/~
ResoJU1:ion 188B7
Page 13
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ResollI!i::m i BBB7
?age 14
-
?L.S5::D. A??".':JV::D, and ADD?I::D by the Ci:y Council 01 ,he City 01 Chula Vista,
California, this 10th ¡jay of February. 199B. by the following vote:
AY3: Council members: llllOot, Padilla, Rinoone, Salas and Horton
NAYES: Councilmembers: None
AE5ENT: Councilmembers: None
ASS! AIN: Councilmembers: None
AhIAhto" ~
Shirley Ho on. Mayor
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ATTES,:
.,.,-"
Sï ATE OF CALlFDRNIA )
CDUNn DF SAN DIEGD )
CITY DF CHULA VISï A )
I, Beverly A. AlI!helet. City Clerk of the CiTy of Chula Vista, California, do hereby certify
that the foregoing ResollI!ion No.1 8887 was duly passed, approved. and adopted by the
City Council at a Tegular meeting of the Chula Vista City Council held on the 10th day of
February, 1998.
ExeclI!ed"this 10th dayoi .february, 1998.
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ATTACHMENT 3
Recording Requested by:
CITY CLERK
When Recorded, Mail to:
CITY OF CHULA VISTA
276 Fourth Avenue
Chula Vista, Ca. 91910
No transfer tax is due as this is a conveyance
to a public agency of less than a fee interest
for which no cash consideration has been paid or
received.
Declarant
SUBDIVISION IMPROVEMENT AGREEMENT
THIS AGREEMENT, made and entered into this day of
, 199--, by and between THE CITY OF CHULA VISTA, a
municipal corporation, hereinafter called "City", and THE EASTLAKE
COMPANY, LLC, 900 Lane Avenue, Suite 100, Chula Vista, California
91914, hereinafter called "Subdivider";
!iXl'lL¡;;.â.âJ;;l'H~
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 EASTLAKE
SOUTH GREENS UNIT 16 pursuant to the provisions of the Subdivision
Map Act of the State of California, and in compliance with the
provisions of Title 18 of the Chula vista Municipal Code relating
to the filing, approval and recordation of subdivision map; and,
WHEREAS, the Code provides that before said map is finally
approved by the Council of the city of Chula Vista, Subdivider must
have either installed and completed all of the public improvements
and/or land development work required by the Code to be installed
in subdivisions before final.maps of subdivisions are approved by
the Council for purpose of recording in the Office of the County
Recorder of San Diego County, or, as an alternative thereto,
Subdivider shall enter into an agreement with City, secured by an
approved improvement security to insure the performance of said
work pursuant to the requirements of Title 18 of the Chula Vista
Municipal Code, agreeing to install and complete, free of liens at
Subdivider's own expense, all of the public improvements and/or
land development work required in said subdivision within a
definite period of time prescribed by said Council, and
WHEREAS, Subdivider is willing in consideration of the
approval and recordation of said map by the council, to enter into
this agreement wherein it is provided that Subdivider will install
and complete, at Subdivider's own expense, all the public
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improvemen~ 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. 18887, approved on the 10th day of
February, 1998 ("Tentative Map Resolution"); and
WHEREAS, complete plans and specifications for the
construction, installation and completion of said public improve-
ment work have been prepared and submitted to the city Engineer, as
shown on Drawings Nos. 98-653 through 98-657, 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 $748,000.00.
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 perform or cause to be
done and performed, at its own expense, without cost to City, in a
good and workmanlike manner, under the direction and to the
satisfaction and approval of the city Engineer, all of the public
improvement and/or land development work required to be done in and
adjoining said subdivision ("Improvement Work"); and will furnish
the necessary materials therefor, all in strict conformity and in
accordance with the plans and specifications, which documents have
heretofore been filed in the Office of the city Engineer and by
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
SÙbdivider 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 perform
said Improvement Work as set forth hereinabove, or that portion of
said Improvement Work serving any buildings or structures ready for
occupancy in said subdivision, prior to the issuance of any
certificate of clearance for utility connections for said buildings
or structures in said subdivision, and such certificate shall not
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be issued until the City Engineer has certified in writing the
completion of said public improvements or the portion thereof
se~ing said building Dr structures approved by the City; provided,
however, that the improvement security shall not be required to
cover the provisions of this paragraph.
5. It is expressly understood and agreed to by Subdivider
that, in the performance of said Improvement Work, Subdivider will
conform to and abide by all of the provisions of the ordinances of
the City of Chula Vista, and the laws of the State of California
applicable to said work.
6. Subdivider further agrees to furnish and deliver to the
Ci-=y of Chula Vista, simultaneously with the execution of this
agreement, an approved improvement security from a sufficient
surety, whose sufficiency has been approved by the City in the sum
of THREE HUNDRED SEVENTY FOUR THOUSAND DOLLARS AND NO CENTS
($374,000.00) which security shall guarantee the faithful
performance of this contract by Subdivider and is attached hereto,
marked Exhibit "A" and made a part hereof.
7. Subdivider further agrees to furnish and deliver to the
City of Chula Vista simultaneously with the execution of this
agreement, an approved improvement security from a sufficient
surety, whose sufficiency has been approved by the city in the sum
of THREE HUNDRED SEVENTY FOUR THOUSAND DOLLARS AND NO CENTS
($374,000.00) 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 DOLLARS AND NO CENTS ($7,000.00) (per private
engineer's estimate) to secure the installation of monuments, which
security is attached hereto, marked Exhibit "c" and made a part
hereof.
9. It is further agreed that if the Improvement Work is not
completed within the time agreed herein, the sums provided by said
improvement securities may be used by city for the completion of
the Improvement Work within said subdivision in accordance with
such specifications herein contained or referred, or at the option
of the City, as are approved by the City Council at the time of
engaging the work to be performed. Upon certification of
completion by the City Engineer and acceptance of said work by
City, and after certification by the Director of Finance that all
costs hereof are fully paid, the whole amount, or any part thereof
not required for payment thereof, may be released to Subdivider or
its successors in interest, pursuant to the terms of the
improvement security. Subdivider agrees to pay to the city any
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-------.
difference between the total costs incurred to perform the work,
including design and administration of cons-:ruction (including a
rec.sonable 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
SUID or SUIDS for said work or any materials furnished therefor,
except to the limi ts 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,
wit:h City a SUID of money sufficient to cover said cost.
12. It is understood and agreed that until such time as all
Improvement Work is fully completed and accepted by City,
Subdivider will be responsible for the care, maintenance of, and
any damage to, the streets, alleys, easements, water and sewer
lines within the proposed subdivision. It is further understood
and agreed that Subdivider shall guarantee all public improvements
for a period of one year from date of final acceptance and correct
any and all defects or deficiencies arising during said period as
a result of the acts or omission of Subdivider, its agents or
employees in the performance of this agreement, and that upon
acceptance of the work by City, Subdivider shall grant to City, by
appropriate conveyance, the public improvements constructed
pursuant to this agreement; provided, however, that said acceptance
shall not constitute a waiver of defects by City as set forth
hereinabove.
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
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damages to adjacent or downstream prope:ë"ries or the taking of
property from owners of such adjacent or ãownstream properties as
a result of the construction of said subdivision and the public
improvements as provided herein. It shall also extend to damages
resulting from diversion of waters, change in the volume of flow,
modification of the velocity of the water, erosion or siltation, or
the modification of the point of discharge as the result of the
construction and maintenance of drainage systems. The approval of
plans providing for any or all of these conditions shall not
constitute the assumption by City of any responsibility for such
damage or taking, nor shall City, by said approval, be an insurer
or surety for the construction of the subdivision pursuant to said
approved improvement plans. The provisions of this paragraph shall
become effective upon the execution of this agreement and shall
remain in full force and effect for ten (10) years following the
acceptance by the City of the improvements.
14. Subdivider agrees to defend, indemnify, and hold harmless
the city or its agents, officers, and employees from any claim,
action, or proceeding against the City or its agents, officers, or
employees to attack, set aside, void, or annul, an approval of the
City, advisory agency, appeal board, or legislative body concerning
a subdivision, which action is brought within the time period
provided for in Section 66499.37 of the Government Code of the
Sta~e of California.
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 SUBDIVIDER: THE EASTLAKE COMPANY
LLC
See attached si2nature nage
Mayor of the City of Chula
Vista
ATTEST
city Clerk
Approved as to form by
¡: inc.,.,,; ,...---:;---:, ~
,!. !'V'/>I>~lfl~,{'<.,~:; ("-Ct..-.., ,,-'J,: ",L,.-,
ci ~y JAttorney J ;) ,/ ~ '.'
(Attach Notary Acknowledgment)
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New EastLake Si!!nature Block
THE EASTL.AJΠCOMPANY, LLC
By: ~~ ~
Paul G. Nieto, President
By ~~m
Bruce Ó/(}d.1V
¿;;:¡;z
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT No. 5907
State of California
County of San Diego
On May 21, 1998 before me, Silvana C, Brazell, notary public,
DA1E NAME. 11TlE OF OFFICER - E.G. 'JANE OOE. NOTARY PUBLIC-
personally appeared Bruce N, Sloan and Paul Nieto
NAME(S) OF SlGNER(S)
ŒI personally known to me - OR - 0 'P1'~to-R'le-eR-t :¡e-basis-e~séi1isféiGtel¥-e\tideR¡:s
. to be the person(s) whose name(s}-tslare
subscribed to the within instrument and ac-
knowledged to me that fIefshe/they executed
the same in -h-is,q,.el'1'their authorized
capacity(ies), and that by -hfsJh.e..r/their
signature(s) on the instrument the person(s),
I or the entity upon behalf of which the
-@ ~i1=r ~ person(s) acted, executed the instrument.
g IÐTMI' II~ fI
U SAN DIEGO CDUNI'Y Et
J .' =.J#;~ ~ , WITNESS my hand and official seal.
A~~'~i-) é' /~C14~.cc
SIGNATURE OF NOTARY ~
OPTIONAL
Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent
traudulent reattachment of this form.
CAPACITY CLAIMED BY SIGNER DESCRIPTIDN OF ATTACHED DOCUMENT
0 INDIVIDUAL
0 CORPORATE OFFICER
TITLE OR TYPE OF DOCUMENT
TITlEIS)
0 PARTNER(S) 0 LIMITED
0 GENERAL
0 ATTORNEY-iN-FACT NUMBER OF PAGES
0 TRUSTEE(S)
0 GUARDIAN/CONSERVATOR
0 OTHER:
DATE OF DOCUMENT
SIGNER IS REPRESENTING:
NAME OF PERSONIS) OR EmTfY9ES)
SIGNER(S) OTHER THAN NAMED ABOVE
C>1993 NATIONAL NOTARV ASSOCIAT)ON. B23ê Remmel Ave., P-O. Box71". Canoga Pa",. CA 91309-71"
c2S
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ATTACHMENT 4
RECORDING REQUESTED BY: )
)
City Clerk )
)
WHEN RECORDED MAIL TO: )
)
CITY OF CHULA VISTA )
276 Fourth Avenue )
Chula Vista, CA 91910 )
)
No transfer tax is due as this is a )
conveyance to a public agency of )
less than a fee interest for which )
no cash consideration has been paid )
or received. )
)
)
)
Developer )
)
)
Above Space for Recorder's Use
SUPPLEMENTAL SUBDIVISION IMPROVEMENT AGREEMENT
FOR EAS'ILAKE SOUTH GREENS UNIT 16
(Conditions: Section V. Condition C, 1, 2, 6, 23, 24, 25,
26, 29, 32, 40, 41, 43, 45, 46, 47, 48 of Resolution No. 18887,
Condition No.3 of Resolution 15200
This Supplemental Subdivision Improvement Agreement ("Agreement") is màde this-
day of -, 1998, by and between THE CITY OF CHULA VISTA, California ("City" or
"Grantee" for recording purposes only) and THE EASTI..AKE COMPANY, LLC, a 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 Chu1a
Vista, California, more particularly described on Exhibit "A" attached hereto and incorporated
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herein ("Property"). The Property is part of a project commonly known as EastLake South
Greens, Unit 16. For purposes of this Agreement the term "Project" shall mean "Property
B. Developer is the owner of the Property.
C. Developer has applied for and the City has approved a Tentative
Subdivision Map commonly referred to as EastLake South Greens, Unit 16 Tract 98-02
("Tentative Subdivision Map") for the subdivision of the Property
D. The City has adopted Resolutions No. 15200 and 18887 ("Resolution")
pursuant to which it has approved the Tentative Subdivision Map subject to certain conditions
as more particularly described in the Resolutions, copies of which are attached hereto as Exhibits
"A" and "B", incorporated herein.
E. City is willing, on the premises, security, terms and conditions herein
contained to approve the final map for which Developer has applied as being in substantial
conformance with the Tentative Subdivision Map described in this Agreement.
NOW, THEREFORE, in exchange for the mutual covenants, terms and conditions herein
contained, the parties agree as set forth below.
1. Agreement Applicable to Subsequent Owners.
1.1 Agreement Binding Upon Successors. This Agreement shall be binding
upon and inure to the benefit of the successors, assigns and interests of the parties as to any or
all of the Property until released by the mutual consent of the parties.
1.2 Agreement Runs with the Land. The burden of the covenants contained
in this Agreement ("Burden ") is for Ihe 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.
a. 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 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
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herein ("Property"). The Property is part of a project commonly known as EastLake South
Greens, Unit 16. For purposes of this Agreement the term "Project" shall mean "Property
B. Developer is the owner of the Property.
C. Developer has applied for and the City has approved a Tentative
Subdivision Map commonly referred to as EastLake South Greens, Unit 16 Tract 98-02
("Tentative Subdivision Map") for the subdivision of the Property
D. The City has adopted Resolutions No. 15200 and 18887 ("Resolution")
pursuant to which it has approved the Tentative Subdivision Map subject to certain conditions
as more particularly described in the Resolutions, copies of which are attached hereto as Exhibits
"A" and "B", incorporated herein.
E. City is willing, on the premises, security, terms and conditions herein
contained to approve the final map for which Developer has applied as being in substantial
conformance with the Tentative Subdivision Map described in this Agreement.
NOW, THEREFORE, in exchange for the mutual covenants, terms and conditions herein
contained, the parties agree as set forth below.
1. Agreement Applicable to Subsequent Owners.
1.1 Agreement Binding Upon Successors. This Agreement shall be binding
upon and inure to the benefit of the successors, assigns and interests of the parties as to any or
all of the Property until released by the mutual consent of the parties.
1.2 Agreement Runs with the Land. The burden of the covenants contained
in this Agreement ("Burden") is for the benefit of the Property and the City, its successors and
assigns and any successor in interest thereto. City is deemed the beneficiary of such covenants
for and in its own right and for the purposes of protecting the interest of the community and
other parties public or private, in whose favor and for whose benefit of such covenants running
with the land have been provided without regard to whether City has been, remained or are
owners of any particular land or interest therein. If such covenants are breached, the City shall
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.
a. 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 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
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acJmowledges 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.
b. 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.
2. Condition No.3 of Resolution No. 15200 requires developer to guarantee
construction of improvements prior to approval of a final map for each phase and to construct
the improvements prior to issuance of any building permits for a subsequent phase. Specifically,
Condition No.3 requires the construction of East Orange Avenue from Hunte Parkway to the
westerly subdivision boundary and Hunte Parkway from South Greensview to East Orange
Avenue. The Developer has agreed to provide a bond, satisfactory to the City, to guaranty
construction of said improvements in connection with the City's approval of Eastlake South
Gre::ns, Unit 10.
3. "General Conditions of Approval" of Resolution No. 18887 Condition V.C.
- Implement Previously Adopted Conditions of Approval Pertinent to Project. In satisfaction
of Condition V.C. of Resolution No. 18887 the Developer agrees to comply with all unfulfIlled
conditions of approval of the EastLake Greens Master Tentative Map, Chula Vista Tract 88-03,
established by Resolution No. 15200 and approved by Council on July 18, 1989, and shall
remain in compliance with and implement the terms, conditions and provisions of the EastLake
Greens Sectional Planning Area (SPA) plan, General Development Plan, Planned Community
District Regulations, Water Conservation Plan, Air Quality Improvement Plan, Residential
Design Guidelines and Public Facilities Financing Plan as amended and as are applicable to the
property which is the subject matter of this tentative map, prior to approval of the Final Map,
or shall have entered into an agreement with the City, providing the City with such security
(including recordation of covenants running with the land) and implementation procedures, as
the City may require, assuring that after approval of the Final Map, the developer shall continue
to comply with, remain in compliance with, and implement such plans.
4. Condition No.1 of Resolution No. 18887 Compliance with any and all
unfuliilled conditions. In satisfaction of Condition No.1 of Resolution No. 18887 the Developer
agre::s to comply with any and all unfulfIlled conditions of approval applicable to the EastLake
South Greens, Chula Vista Tract 88-03, Tentative Map established by Resolution No, 15200
approved by Council on July 18, 1989, and amended by Resolution 17618 on August 16, 1994.
5. Condition No.2 of Resolution No. 18887. In satisfaction of Condition No.2
of Resolution No. 18887 the Developer agrees to install public facilities in accordance with the
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Eastl.ake South Greens, 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 Director may, at their discretion, modify the sequence of improvement construction
should conditions change to warrant such a revision.
6. Condition No.6 of Resolution No. 18887. In satisfaction of Condition No.6
of Resolution No. 18887, the Developer agrees to remove and relocate two (2) street lights
from Station 19+41 Right to Station 19+07 Left and from Station 10+70 Left to Station
9+ 77 Left, as shown on Drawing Nos. 95-210 and 95-211, to provide illumination at the two
intersections proposed. Final street light locations shall be approved by the City Engineer.
Developer has provided bonds for said improvements by Bond No. 158541685.
7. Condition No. 23 of Resolution No. 18887. In satisfaction of Condition No.
23 of Resolution No. 18887, the Developer agrees that the City may withhold building
permits for the subject subdivision if anyone of the following occur:
a. Regional development threshold limits set by the East Chula Vista
Transportation Phasing Plan have been reached.
b. Traffic volumes, levels of service, public utilities and/or services
exceed the adopted City threshold standards in the then effective
Growth Management Ordinance.
c. 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 sequencing of development and the construction of
improvements affected. In such case, the PFFP may be amended as
approved by the City Planning Director and Public Works Director.
8. Condition No. 24 of Resolution No. 18887. In satisfaction of Condition No. 24
of Resolution No 18887, the Developer agrees 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 subdivider of any claim, action or
proceeding and on the further condition that the City fully cooperates in the defense.
9. Condition No. 25 of Resolution No. 18887. In satisfaction of Condition No.
25 of Resolution No. 18887, the Developer to agrees to hold the City harmless from any
liability for erosion, siltation or increase flow of drainage resulting from this project.
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10. Condition No. 26 of Resolution No. 18887. In satisfaction of Condition No.
26 of Resolution No. 18887, the Developer agr~s 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 and to restrict access to
the conduit to only those franchised cable television companies who are, and remain in
compliance with, all of the tenDs and conditions of the franchise and which are in further
compliance with all other rules, regulations, ordinances and procedures regulating and
affecting the operation of cable television companies as same may have been, or may from
time to time be issued by the City of Chula Vista.
11. Condition No. 29 of Resolution No. 18887. Assessment District Additional
F~s. The Developer is required to pay additional f~s on a proportional basis as determined
by the City Engineer into the Assessment District Numbers 90-3, 91-1 and 94-1 or other
applicable assessment districts due to changes in the number of units approved subsequent to
district formation. Changes to residential density requires the Developer to reduce the
assessment district debt on the land if the number of final residential units decreases. This is
to ensure that similar residential units within a district pay similar assessments and that the
security to the bondholders is not lessened. Through an amendment to the SPA plan, the
density of East1ake South Greens Unit decreased with a loss of approximately 27.2
Equivalent Dwelling Units. The East1ake Company has requested a change and modification
for the three (3) assessment districts in order to lower assessments to both Unit 16 and Unit
10. The buy down of debt required with this ñna1 map is $242,520.40 and has bee secured
by a cashier's check in the event that the change and modification is not approved by City
Council by June 23, 1998.
12. Condition No. 32 of Resolution No. 18887. In satisfaction of Condition No.
32 of Resolution No. 18887, the Developer agrees to comply with the terms and conditions
of the Acquisition/Financing Agreement for Assessment District 94-1, CO 94-064, approved
by Council Resolution 17483 as said terms and conditions may be applicable to this
development.
13. Condition No. 40 of Resolution No. 18887. In satisfaction of Condition No.
40 of Resolution No. 18887, the Developer agrees that the Declaration of Covenants,
Conditions and Restrictions shall include provisions assuring maintenance of all open space
areas as applicable, streets, driveways, drainage and sewage systems which are private. The
City of Chula Vista shall be named as party to said Declaration authorizing the City to
enforce the tenDS and conditions of the Declaration in the same manner as any owner within
the subdivision.
14. Condition No. 41 of Resolution No. 18887. In satisfaction of Condition No.
41 of Resolution No. 18887, the Developer agrees to submit copies of Final Maps in a digital
format such as (DXF) graphic file prior to approval of each Final Map. Provide Computer
Aided Design (CAD) copy of the Final Map based on accurate coordinate geometry
calculations and submit the information in accordance with the City Guidelines for Digital
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Submittal in duplicate on 5-114" HD or 3-1/2" disks. Submit as-built improvement and
grading plans in digital format. Provide security to guarantee the ultimate submittal of
improvements and grading digital fIles. Update electronic fIles after any construction pen
and ink changes to the grading or improvement plans and resubmit to the City.
15. Condition No. 43 of Resolution No. 18887. In satisfaction of Condition No.
43 or Resolution No. 18887, the Developer agrees to comply with all applicable sections of
the Chula Vista Municipal Code. Preparation of the Final Map and all plans shall be in
accordance with the provisions of the Subdivision Map Act and the City of Chula Vista
Subdivision Ordinance and Subdivision Manual.
16. Condition No. 45 of Resolution No. 18887. In satisfaction of Condition No.
45 of Resolution No. 18887, the Developer agrees to pay all applicable fees in accordance
with the City Code and Council Policy, including, but not limited to, the following:
a. The Transportation and Public Facilities Development Impact Fees.
b. Signal Participation Fees.
c. All applicable sewer fees, including but not limited to sewer connection
fees.
d. SR-125 impact fee.
ø Telegraph Canyon Pump Sewer Fee.
f. Salt Creek Ranch Sewer Basin Fee.
17. Condition No. 46 of Resolution No. 18887. In satisfaction of Condition No.
46 of Resolution No. 18887, 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 demonsttate said compliance as
required by the City Engineer.
18. Condition No. 47 of Resolution No. 18887. In satisfaction of Condition No.
47 or Resolution No. 18887, the Developer agrees that the fire hydrant on Street" A" shall
be relocated to the entry street as indicated by the Fire Department. All fire hydrants shall
be installed and operable and 20' fire access roads shall be usable prior to delivery of any
combustible construction materials.
19. Condition No. 48 of Resolution No. 18887. In satisfaction of Condition No.
48 of Resolution No. 18887, the Developer agrees to design and construct all dwelling units
to preclude interior noise levels over 45 dBA and shield all exterior private open space to
limit noise exposure to 65 dBA.
20. Recording. This Agreement, or an abstract hereof prepared by either or both
parties, may be recorded by either party.
21. Miscellaneous.
6
30
2.. 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 pUIpDse of this paragraph by giving
writren notice of such change to the other party. Facsimile transmission shall constitute personal
delivery.
CITY OF CHULA VISTA
276 Fourth Avenue
Chula Vista, CA 91910
Attn: Director of Public Works
Developer:
THE EASTLAKE COMPANY, LLC
900 Lane Avenue
Suite #100
Chula Vista, California 91914
Atm: William T. Ostrem
Vice President
A party may change such address for the purpose of this p~c;raph by giving written notice of
such change to the other party in the manner provided in this p~c;raph. Facsimile transmission
shall constitute personal delivery.
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 tenns.
c. Entire Agreement. This Agreement contains the entire agreement
between the parties regarding the subjeet 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.
7
3/
e. Recitals; Exhibits. Any recitals set fonh above are incorporated by
refcrence into this Agreement.
f. Attorneys' Fees. In the event of any dispute arising out of this
Agreement, the prevailing party in any action shall be entitled to reasonable attorneys' fees in
addition to any other costs, damages, or remedies.
IN WITNEsS WHEREOF, the parties hereto have caused this Agreement to be execute
the day and year first hereinabove set forth.
By: City of Chula Vista
Mayor
Attest:
Beverly Authelet, City Clerk
* THE EASTLAKE COMPANY, LLC
Approved as to Form:
£.
By: ~~
John M. Kaheny, City Attorney Name: ?~~ N~
Title: 5?~ç,..£..7r
Date:
By:
Name:
Title:
* PLEASE SEE A ITA CHED SIGNA TORE
PAGE
H:\HOMElattorneylssia\ELSGI6 May 20, 1996 (11 :22am)
8
3;;2..
New EastLake Si!mature Block
TIrE EASILAKE COMPANY, LLC
By: /J:?~
By ¡¡¿&?i-Oll
4m,m T. 0";"" Viœ P~id,,",
3-3
CALIFORNIA ALL.PURPOSE ACKNOWLEDGMENT No. 5907
State of California
County of San Diego
On May 21, 1998 before me, Silvana C. Brazell, notary public,
DATE NAME. TITl£ OF OFFICER - E.G.. "JANE DOE. NOTARY puauC"
personally appeared William T. Ostrem and Paul Nieto
NAME(S) OF SlGNER(S)
[X) personally known to me . OR - 0 pre'o'ed- iß- -me- €>fI-tfle-basis- €If. £atisfaetÐfy- -e>iideÆ:e
to be the person(s) whose name(s) -+s-/are
subscribed to the within instrument and ac-
knowledged to me that -helsAeithey executed
the same in - :¡'i-s,IAef/their authorized
capacity(ies), and that by -hie,LITeFitheir
signature(s) on the instrument the person(s),
I @ SLV,",C.""""- or the entity upon behalf of which the
- ." COMM. "'69721 n person(s) acted, executed the instrument.
u N:lTARY~ I/>
'" SAN DIEGO COUNTY n
(.) ~ CIImni8Iiøn Ex¡i -
I . RUARY'2.~ , WITNESS my hand and official seal.
,.( , 7 /7
,')1v'úN..cU (. Id-""-:;rze.t
SIGNATURE OF NOTARY
OPTIONAL
Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent
fraudulent reattachment of this form-
CAPACITY CLAIMED BY SIGNER DESCRIPTION DF AITACHED DDCUMENT
0 INDIVIDUAL
0 CORPORATE OFFICER
TITLE OR TYPE OF DOCUMENT
TITl£(S)
0 PARTNER(S) 0 LIMITED
0 GENERAL
0 ATTORNEY-iN-FACT NUMBER OF PAGES
0 TRUSTEE(S)
0 GUARDIAN/CONSERVATOR
0 OTHER:
DATE OF DOCUMENT
SIGNER IS REPRESENTING:
NAME OF PERSON(S) OR ENTT7Y(IES)
SIGNER(S) OTHER THAN NAMED ABOVE
1101993 NATIONAL NOTARY ASSOCIATION. 8236 Remme( Ave., P.O. Box 7184' Canoga Park, CA 91309-7184
~f
EXHIBIT "A"
Property Description
THE LAND REFERRED TO HEREIN IS SITUATED IN THE STATE OF
CALIFORNIÞ., COUNTY OF SAN DIEGO, AND IS DESCRIBED AS FOLLOWS:
LOT 4 OF CHULA VISA TRACT NO. 88-3A, EASTLAKE SOUTH GREENS, PHASE
2 AND 3, IN THE CITY OF CHULA VISTA, COUNTY OF SAN DIEGO, STATE
OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 13292, FILED IN THE
OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, JANUARY 25,
1996.
SCHEDULE "1"
9
36
:¡ ,. \ ì ?j., 'Z-~~
Revised 712S/.
ATTACHMENT 5
JŒSOUJTJ:ON ro. ,;J.S-2DD
RE5::íJJTIDN OF TffE CITY ŒXJ!rT....L OF THE CITY OF OfJL.l\ 1l:S'U.
A.~~ 'l'ENTAT1VE MhP FOR D..5'1'l.ÞJ'æ GREENS, CJJ!JLÃ VISTA -
'ffiACT 8S-3
~
-
:n.e City Coonci1 Df :the City of c::hul:a vista èoes .hereby resolve as
ro1lCIWS:
~, the proposed subdivision ror the EastLake Greens area
~s 830 acres of land locatea iJ'¡ the eastern portion of the City of
Chula Vista ~ of .1-805 and southofO"..2IY Lakes 'Road, and
WHEF'....AS, the subdivision im:ludø...s streets, Op<'.J1 spaœ, church sites,
conrnercial lo=s, park sites, school sites, :::onòominiurn lots and singl~family
10+-...s, ana
WHE!Ð.5, the Ðlvir oIJllen tal Impact :Report EIR-'B6-4 was considered
pr-eviously, <mè
wrlE!ŒAS, on .June 21, 1989, the Planning Commission, by a vote of
6-0, r~èeè that the CoI!nci.1 ap?rove the East::Lake Greens 'Tentative Map
.sub~ to the rollewing:
On an interim basis, Parœls 1'.-24, 1'.-25,R-26, R-.27, and 1'.-28 shall
be zoό at the target density of -4.5 rlwelling units per acres. A maxillUm of
-4,034 units will :be approved ror Eastlake II until .such time as the
:guidelines £or i:!Xceeèing the target :density ror the General Plan Update are
resolvea. The rollewing proϋure will occur to determine additional
density., if .any, for the EastLake project.
a. ~fic guidelines for exceeding the target General Plëm
density will :be adopted;
b. The :adopted General Plan policies .will be applied to determine
Û!"- incremental units to be added to EastLake II..
c. The units fIL-", the :new ca1cul:auon .will :be distributed to these
five parcels Dr other unsubdivideè portion of EastLake Greens
'Tentative .Map.
d. The:SPA plan and Tentative 1!ap -will :be r.eturned to the Planning
Ccamission zmd City CoW1ci.1 for adoption of the increased
density, i:f lmY.
JOaq, :r=nJK£, 'BE IT RESOLVED that the City Council of the City of
Chula Vista èœshereby awrove the tentative map ror EastLake Greens, Chula
vista ~ct 88-3, based on the findings :set rorthherein and subject to the
follOidng .conðitions:
Engineering Deærbnent Conditions:
1. PDblic j]¡proveøents reguirea in this :r~olution shall include, but not
:be limited to: 1>..C. pavement and base., concret-e c::urb, gutter and
3r(:;
- - ~
,
-- --
sidewalt;, traffic signals, street :lights, traffic signs, street trees,
fire hydrants, sanitary .sewers, water and draina!F- facilities.
'-
nl im;:>rovements shaH be œsigned and =stru=~ in a=èance with
City st.anða,òs. .... -
2. ~ œveJ.cper shall .be resp:msible for= On -
a. "The t::DnStruction tlf public street improvements of all streets shown
on the tentative 1IBp within .the subdivision.
b. The=nstruction of public .street improvements for .all off-site
p:>rtions . of Otay lakes JùJad, Bunte Par. ¡way~ Palanar Street and
Orange Avenue along the full length of the subject prClp2rty. Full
width :iJlprovements shall be required unless the deveJ.oper can
àemonstrate to the satisfaction of the City Engineer that partial
improvements .will 1Ieet the Cit@ standards for traffic.. bic;yc1es,
pedestrians and parldng. hansiticns to ~xisting improvements shall
.be prov.iòeè lIS required by the City Engineer.
ø ð. ~ deveJ.oper shall ~antee the constrlJc+-.ion of the following
improvements prier to the 4pproval tlf the :final 1IBp for .any of the
phases of deveJ.opment identi:fi~ in the EastLake Greens phasing
plan. ~ œveJ.oper :nay submit an alternate proposal to provide
access to any individual or group of phases iâentified herein. Said
proposal shall be submitted for review 1md approval by the City
Enginee, .
Phase Facili ties 'Neeâed '* (See table I :for description of
_ch facility.)
1A 1, :2
lB 1,3,4, B, 15
lC 1, 2, 3, 5, 7" .8, 9, 13, 15
1D 1,2,6,7, B, 9,10,13,15
:2 1,2, 6,7, B, 9, 10, 15
3 1, 2, 2a, 6, 7, 8, 9, 10, 11, 12, 14, 15
.. Facilities that shall .be guar.anteed prior to approval of :final
1IBp :for the rorresponding phase 1md completed prior to permits
beiJ¡g issued for the Bubseguent phase (i.e.. :facilities for 111
through D completed :before permits for Phase :2are iss1Ied).
b. "The developer shall 9Uarantee the construction of all int~ior public
jJ¡provements ri:!quired for development of any 1lnitof œvelopment
prior to approval of the Final Subdivision Map for said unit.
4. Right :turn lanes 1md Dual 1fit turn lanes shall be provided at the
iDtersect:itm of 1mY ;of the following street classifications: :najor-major~
:major~r:iJæ 1Irteriël1., pr;ùne 1IrteriaJ.-prime 4rterial.
5. PiÜorœr Street from the wø..st~ly :subdivision boundary to EastLake Parkway
shall be c:cnst:ructed lIS a 4-1ane =llector (74 feet frOlÌl curb-to-curb).
27
. '-'"
---..
\
ii. tic ðirect access :for residentilÙ driveways will be lÙloweè to Street ",,',
:EastLa1ce Parkwi!y. Bunte Paricway, Street "E', "D' Street, Street 'F', Otay
Lakes Road, Orange Avenue M'ld PalOD£r Street. The location of street
~trieslmd 1Ii!jor entries for IIIJlti-family pro~~ to the above streets
shall be approved by the City Engineer.
7.. 1Dt frtmtage on cul-de-sac::s ~d lmuc:lcles shall DOt be less than 35 feet-
IInless .awroveaby the City Ð1gmeer.
8. a. A tnmsition to msting i1lprovements is required on D"'-'!y Lakes Road
-east of Bunte J>arlcway. Said transition shall be :approved by the City
Ð1gjDeer.
D. ~ intersection of .Bunte :Parlcway and Orange Avenue shall reguire
sœc:ial treabænt totransiticn to the "prime arterial st-atus of Hunte
Pårb.ãy southerly of said intersection. -
~ABU: !
DESCRIPTION OF OOSI:Π~ON FACILITIES
..,
Facility No. Street ~
1 EastLalce Paricway D'"'-'!y LalcesRoad to Street wD'
2 EastLalce Parlcway Street "1)" to the Interim
~erminus South of the SDG&E
Easement
2a EastLake Paricway Palomar .street to the Interim
~rminus South of the .5DG&E
Easement
3 ~...reet D EastLake Parkway to North
Street "1.."
~ North .street "A" .street wD" to Hunte Parkway
5 N:>rth .street ~" .street -D" to Street -E'
6. .south Street -A' .street -D" to Bunte Partway
7 Street -E' EastLake Partway to .street --A"
8 Bunte Parlcway Dtay Lakes Road to South
Boundary of Phase 1B
9 Bunte :Parlcway Street -E" to JIDrth Boundary
of Phase lC
10 Bunte Parlcway Street -r to .south Street -A-
S-r A;;.. ç, ~ GA, t/. I .I ~
SI Qq , ~ IL.IC(lj,7)O -'- 3g
~"7; €:, ~ Lv8ÂDJSt'
-- -
11 Hunte Parkway ~ 5o'.r..b Street 9].." to OrangE'
Avenu<>-
-
12 Orange ~venue Bunte Par-kway to West
- lbundary of SUbdivision
13 Street 9r -street "A" to Bunte Parkway
14 Palonai Street EastLa k e Parkway to W<>..st
Bounåary of the Subdivision
15 Otay Lakes 'Road :Lane Avenue to Bunte Parkway
.. In c:cnjun::tionw:i th àevelopnent at Phase }D, àevelqper JliaYC:Onstruc:t
eiDJer that portion of .south Street A tot::ennect Street CO to Street "D"
or that portion to Bunte Parkway.
9. 1JnÒ'>-rground traffic: signal equipnent and traffic: signal standards shall be
installed Bt the £o11~ng intersec:ticr.s:
EastI.ake :Parkway and ()I-...ay Lakes 'Road
EastLake 'Parkway ana --D-Street
EastLake Parkway and --E" Street
EastLake Parkway and Palomar .street
Bunte 'Parkway and Otay lakes Road
Bunte Parkway and north Street -Aw
Bunte ParÞiay and "E" Street
Bunte ParKwaY and south Street -Aw
Hunte :Parkway and Orange Avenue
wE" Street lmd Street -Aw
.D9 Street and north Street 81.9-
!'laSt arms, signal beads and associated equipænt shall not be instal1eò
unless ap;>roved by the City Engineer.
10. Interccnnec:t c:cnduit, pull boxes and pullrope shall be installed to
a:mnect follClidng intersection signal systems.
Otay lakes J¡oaà/Route 125 -to Otay "lakes 'Road/EastLake Parkway
cObIy Lakes ]!oad/!:ast:lake ParJëway toOtay Lakes J¡oad/Hunte Parkway
Otay Lakes ]!cad/!:ast:lake :Parkway to Eastlake ParkwaY/-D" Street
:East:Iake Parkway,t-D- Street to Jiorth Street -A- rD" :Street
East!.ake :ParkwayrD- Street to Fast:1.ake ParkwayrE- Street
EastI.ake Parkway rE" :Street to EastLake Parkway /Palomar Street
BuntE :Parkway/Otay la.kesRoad to Bunte ParKwaylNorth .Street wA"
BuntE Parkway/:Street -A- to Bunte Par-kway/"r Street
Eastlake ParkwayrE" Street to 5treet -A rr Street
Street -A-rE" Street to 'Bunte Parkway rr Street
:BuntE :Parlcwayr£. Street to BuntE Parkway/North Street -A"
:Bunte Parkway/Sooth Street -A- to Bunte Parkway/Or.ange Avenue
Orange Avenue -east of 1Iunte Par-kway to :subdivision boundary.
39
~ r,
11. a. A conditional use permit shall be iDea wit.h the City for the golf
=urse, clubhouse, and related SII'ìrmrl.ng and tennis facility prior to
issuzmœ of building permit!> for purposes 0: regulating operations,
uses, and site Ó"'..sign. -
b. Locations wher"E!~J£ .course crossings of str€ets 2Ir"E! provided snaIl
be clearly signe6 lmd marked. . Where str€ets being crossed .are
classified to raU}" traffic :at :a speed greater than 25 ] ph, Buch
crossings shallon1y be .:at intersections or through the use of graàe
separ.ation structures.
c. ~ developer or other subsequent D'WTIer of the golf course shall
1Igree to be responsible for the payment to the City of ongoing repair
and 1Ii3.intenanœ costs of :any grade separation structures loIhich may be
reguizeè for the benefit of the golf coursP-.
d. Golf course saf"E!ty f~atures shall l>e r-eviewed :by the City Engineer in
=jDl'lction with t:OnStructionof :the 901:f C'Our5e.
12. ill streets which intersect other str~ts :at or .near hori2ontal or
vertical =ves 1IIUSt 1Æ!et :i11t~sect:ion àesign sight ñistanœ reguirem<>..nts
in a=raanœwith Ci~ standards.
13. G. Bus stops with concrete .benches :shall be proviàed along both sidø...s of
Str~ _,,° aàjaœnt to the intersections with the following streets:
Str€et -Eo, Street .G'., Str~t-D'., Street -00' :and Str-eet °FFf"-
Bus turnouts shaJlbe proviòeò to the .satisfaction of the City
Engineer.
b. Bus stops ~th com:œte benches shall .be proviàea along both siàes of
Hunte Parkway :adjacent to the intersections 1d.thStreet -E' and south
Str-eet -A-. .Bus shelters :as approved by the City :Engineer shall be
provided along .both :si des of East:Lake Parkway adjacent to the
intersection .with Str€et ".E' or appropriate alternative locations.
14. Pight turn lanes shall be provided on Street 'A' at the intersections of
Street "A' with Street .D- and south Street -A. with Hunte Parkway. A
right turn lane shall .be provided on :East:Lake Parkway :at its :i11tersection
with Street -.E'.
15..a. All streets 'With;iD the mJlti-family àevelopuents :and the ac:œss road
to Dnit 29 .shall :be private. Detailed Jlori=ntal zmd vertical
aJ.igIJllentof 1:he-œnterline of :said :streets shall be ref1ectedon the
iJlprovement plans :for :said ðeve1opments. Design of said streets
sha1.1111eet the City stanaards for private streets.
b. Priv.ate streets in Units 1 :and 2 (single family àetacheò units) shall
]leet City .standards for public streets Dr standards .acceptable to the
City EngiDeer.
c. xu. subdivisions proposing priv.ate str-ts .with controlled access
ðevlces, such as 'gat5" .sha11 .cor+....ain tne 'following features:
¥û
--..
(11 Gates shill be a:fX'.roveð by thto City Engineer. Gates shall be
located to provide suffiCient room to queue up without
interrupting traffic en public streets.
-
(2) A turn .around shall 'be provided at the location of the .gate.
~ 1d%e 1U1ð l~tien of said turn iIrDUI1d shall be approved ~ '
tile City :EngiDeer.
(3) ~.border retween plblic stræt and private stræt shall be
:delineated through the .use tIf Mstinctive pavement.
(4) 1'rovJsions -shall De JlBde for -emergency vehicle iiccess.
16. Hl the streets shown en the subject terr-ative nap within the' subdivision
bounèaIy, ex~pt ~ ÓO'-5cribed above, shall be dedicated for public .use.
1)eta:iJ.edhorizont:ál -and vertical iligmnent for saitl streets shall :be
:ref1ecœd DI1 the :improvements plans for ~esubject subdivision m: ii11Y
mdt ther-eof.. Design tIf said :streets È1ill :meet: .all City .standards for
plb1ic stre!!ts.
@~ CNner ,shall grant to the City :street tr-ee plmiting and :maintenance
<;-"," -easements iÙong :zi11 plb1:fc streets within the subdivision as shown on the
, ' tentative 1IBp. .saitl f!a5enent shall -extend J.O feet from the Dackof the
r'~ ,,- sidewalk -except on Bunte :Parkway and portions of EastLake :Parkway as
" ";: .:J..-- ./ proviàed below. 1I1ong Bunte :Parkway, said -easeænt shall extend 10 feet
r "'~,.; .",;; frexn the -property line <md shall contain no slope steeper than 5:1
<' :;- C - (borizontal:to vertical :ratio). ~entire area of said tree planting
-easement ~ .Bunte :Parkway shall be offered for àedication un the
subdivision :JJBpS for future .street purposes. !De tree planting easement
alcng ~ose portions of EastLake :Parkway containing meandering sidewalks
shall coincide 'with the proposeð sidewalk -easement as shown on the
~'e!1tati.... 1",ap.
18. ~owner shall grant to the City a 10 foot sidewalk easement iidjacent to
the property line for the installation of a meandering sidewalk at the
following locations:
a. Otay Iakes :Road alcng the full length of the frcntage of 1Jnit 17.
b. :East12!ke :Parkway - :a1Dng the frentageof ~ts 29. 34 ii!ld 32 (north
of the jM.ersection of -Eo Street).
c.. Street E (~~
- 'Between :Eastlake Parkway and Street - altmg the frontage of 1Jnit
25.
- 'Between Street .Ã and :Bunte Parkway - along the frontage of Units
2B~ 291 37 ana 39.
:19. 1'rlor to the a¡proval of 2mY £iDal JlBp for .subject subdivision or 1U1y unit
:thereof" the 2lUbði.vider shill obtain all .off-site right-of-way DeœSsary
for the :1nsta11ation of reguireè :improvements for that unit.
p
-
If the developer requests the City to use its powers to acquire saiè
off-site rlght~f-way, the develope:c Shall pay all costs, both direct ana
inèirect :ino.1..<-red in saiè acguisi tion.
-
20. l'he devel~ shall !¡[ant to the City l'control ~ots 2Idjacent to the
follOW'Ì1lg streets: - -- ~
a. South end 1:If East1.zIke :Parkway.
D. Southenð lII1d -east .side of :Hunte Parkway..
c. h?tb ends of Street.A.
å. Both e1ðs :of Orang"- .Avenue.
e. õiest eX! lII1d :southerly side of 1'alomar :Street.
f. :Both sides of Orange Avenue.
21. S"--riping plans shall be provided for the .follC7Wing streets: Street -A-,
Street ~'.. Street "r., 1:ast:Lake :Parkway, .Hunte .Park_y.. Orange Avenue,
Otay Lakes 1Iœð and 1'alomar Street. Striping:plml.s shall .be :aWI"oved in
conjunct:iDn "With. i11;:>rovement plans for .said :streets.
22. Prior to the ZlWI"oval of :any final subdivision lIap.whic:h includes it
portion of :the streets listed below, the developer shall submit plans
deDxmstrating the feas!bility of the -extension .of the .sairl"StT-eets; .
a. Eas--.l.ake Parkway - :frem PAlomar Street to Orang"- Avenue.
b. Hunte PZlrkway - f:cem Dtay :Lakes J!oad to East "Eo .street.
c. PAlomar Street - .£rem the .subject :subdivision ã minill1Jm distance of
I., 000 ft. westerly.
d. Orange Avenue - ZI :minill1Jm distance of 1,000 ft. westerly.
23.~. ~ developer shall submit calcuJ.:ations to demonstrate compli:anœ
with ill drainage r~uirements of the .subdivision "Manual to include,
but DOt .be limited to, dry lane requirements. Calculations shall
also be provided to denDnstrate the adequacy of -downstream drainage
structures, pipes :and inlets.
b. Specific methods of handling storm drainage are subject to detailed
a¡:.prOV1Ù by the City Engineer at the time of submission :of
i1Iprovement and9Tading plans. Design shall :be iI=mplished on the
.basis :of the requirements of the :5ubðivision 'Manual .:and the Grading
OrdiDzmœ U1797 ZIS _nded).
c. Graded ZICOeSS Shall be provided to 4l1 .storm .drain structures
incluðing inlet and outlet structures as required by the City
Engineer. Paved access shall .be provided to drainage structures
located :in the rear yard tlf any residential lot.
24. L. ~ developer shall obtain notar12ed letters of permission :for all
off-site 9Tadingwork prior to issuance of grading permit for work
requiring said :off-site grading.
b. 1Dts JIha11 be 1!10 9I"aded - to "drain to the str-eet .or to an a¡:proved
drainage system. Drainage sbill :not .be permittea to :flew tlver slopes.
/(;{
25. Sewer manholes shall be provided at all changes of alignment and graœ.
5!!Wers serving 10 or less equivalent Mlling units shall have II mini=,
graòe of It.
--
26. ~develcper :shall 'c::onPly with .all relevant 1'edø..ral, st2lte and local
regu1atims, :inc:luàin?' the ClenWater "ct.. The developer shlll1-~
responsjDle £Or providing .all required t.esting and 'ðocamentation to
œncnstrate .&Bid .t:OIIIpli2mc:e .as required :by :the City ÐIgineer.
27. ], paved .access road 'with a :miTÚJIUIII .width of J2 feet shall De provided to
all .sanitmy :sewer 1Ianholes. The roadway shall be designed for lIn B-20
wbee1J.œa or Dther J.oading.as ~ved:by the City :Engineer.
2B. ~ developer shall grimt easements for all off-site public: storm drains
.and sewer facilities prior to approval of <my :final 11Iap requiring those
ficlllties. Easements shall Dea :mi:ni1llDllwidth of six feet greater thim
;dFe s:i:ze, but :'in :no -case, J.ess than J.D feet.
29. An erosion .ana sedi:mentation c:ontró1 plm1 shall be included :as part of the
graài71g plðl1S.
-:"':\ )'~~~
;";;:2\ (39.: The developer :shalle1!'r.er intoiUJ agreement ,whereby the :developer .agrees
'-"" that the City :may withhold building permits :for lInY units 1n the subject.
subdivision j:f traffic on Dti!y 1.a.kes :Road, 'l'elegraph Canyon Road, East:I.ake ~ ~ì! l ~
Parkway, or 'East -H" Street -exceed the :levels of service identified in the
City's :aòopted thr-esholds.
/',
,~ - -: ¿, @1. a. The :property owner shall agree 'to not prottSt fo:rnation of ildistrict. f, ~
for the :mrlntenanœ of the drainage -channel 1n ~egraph Canyon. ~. ......
b. The prqpert:y DWner shall agree to :not protest fo:rnation of a district
for the :mrlnt-enanœ :of J.1mdsca:¡:ea JJeàians .ana parkways lIlong streets
within lInd .adjacent to :the :subject. property.
c. The property owner :shall -enter :into i!I1 .agreement wherein he agrees to
not protest fornation of an assessment district. for the r::onstruction
of :street i1lprovements to connect Drzm~ ,Avenue imd Pðlauar Street to
-existing iDprovesænts to :the west of :the subject. property and :to not
prDtet :inclusion :of '1:he'5Ubject. j]¡provements as projects in the
Eastern ~:torles Developnent :!JIpðct !'ee system.
32. a. All samt:aty sewer :facilities xeguired roc development of any lot,
lJI'Iit or Ji¡ase shall Deguarant-eed prior to recordation of a
BUbdivisiOl1 :DBp for said lot., '.unit or phase.
b. '!'be developer shðll provide for the costs assoclat~dwit.h 1Dðintenance
of :the .sewer :pump stations prior to ~pproval of lmY :subdivision 11Iaps
which Bhðll require .&Bid pIlIp stations :to proviòe sanitary sewer
:service.
c. Theðeveloper :sba11obtain petmission fran tile City :toñepDsit sewage
jn .a forei! l1 :bum prior :to :approval of i!lnY subàivisioo æp which
sbaIl reguire m1.Y sewage to De trimsferr~ from an -existing :basin
'/f3
into another basin. The permission shall be in the form of ar,
lIgreement whereby the City sMl' agree to such transfer, and the.
developer shall agree to the construction of certain improvements in
the system that will accept said sewag<>.. and to the cir~s
under which said ~rmission œy be revoked.
- -. .
33. Prior to the apprtWlll of any £i1l!Ù œp for any J.otor nnit, the owner
shall guMantee the construction of all improvement (str-eets, sewers,
drainage, utilities. 'etc.) deemed :necessary to provide service to such lot
or unit jJ¡ J!lccordance with City st!mãards.
"" .:.-, 34. Prior to approval 'of any subdivision :map for single family residential r¿L
use. The developer shall submit 11 list of proposed lots indicating
whether the structure will be ICY"...ðted on =ill, cut, or a transition
between the two situations.
..., V35. South Street -A- lIÌ'1d Street 8E-C.between Str-eet '-,A- and 1!unte Parkway)
~.\. shal.l be 52 f-eet wlòe (curb-to-curb) within 72 feet of right~f-way to
provide :for on-street parking on one side of each etr-eet.
36. Off-site c:umul11tive transportation impacts shall be .mitigated to
insignificant :leve1B4 by participating in the East Chula Vista
Transport!ltion Phas1ng Plan on a fair share basis with other area
developers.
37. EastLake Greens will be subject to any new City resolution or ordinance
regarding cable television.
Planning DeDartment Condit:ons
38. B. Applicant shall request the formation of an open .space district.
'Maintenance of :specific areas my be required to .be performed by tho:
:master homeowner's :association. ~n space s:lopes shown adjacent to
public lmd private neighborhood parks .shall .be included in tn"~
established maintenance program.
b. Park .dedication lmd improvement credit for private parks (up to SOt)
1I8Y be considered subject to approval of improvements, park acreag"
and activity lireas provided.
c. Developnent of all public and private park .areas receiving parr,
-creðit ñeBignllt.edon the subdivision œp shall be subject to thl'
awrovaJ. l:If the 'City's Director of Parks and Recreation. Sai<1
approval shall :comply with the standards listed in Section 17 .1D.DS!!
of the JSmiclpaJ. Code.
d. &intenanœ and creèitfor the proposeè open space trail system shall
be subject to J!lpprovalof the Director of Parks and :Recreation. Thr.
trail shall .consist :of an approved D.G. :base.
~. hrkðeðic:ation creàit for the c:onrnunity park shall not ìnc1ude th,'
IÙ.q)e arel! aàjacent to proposed :JJ2S:however,credit shan be given
'When :pIII'k i1!provements in i!xcess of the Municipal Code requiremenu.
are proviðed~
iff
f. Any PAD fees to be-ived shall be done so upon completion of paries
or t:onded guarzmt~..s of park ò:m;Jletion. lS:Jnds provided to the
Depa..~ of Reðl Estate may be sufficient guarantee for private
park iDprovements. -
g. JiO 1ßiver of 1ie£iðential Construction ~ is 1IJaœ Dr in;>lieCt- rly
ðWttmù m this 1III.p.
39. 1'ark acreage of 24 <seres ~beproviaeè subject :to the approval of park
~avement plans by the :Director of J>arks :and :Recreation.
40. The open spsœ corridor ~g the SIJG&E -easement :and the .san :Diego
water line Bha1l be incorporated into 1!ðjacent li!ll1è use plans :as usable
o;:en .spaœ mli!/or parking. Theaðjaœnt land use lots shall be graded to
æ>=nplish an ac=eptable interface.
41. The 5:lgrading shown Dn 1:astLake Parlcway '(r-ef=e¡ce sheet 012) shall be
-eJiJDinated mId shown .as 3:l.
42. ~ mi1ÚJ1Um l5 ft. wiôe J.ands~ped ,area shall be provided .between the
sidewalk :anèwa1l~eas a:eated .a1.ong ~g]f-family.areas an .st:r~ 'eA"-
NJTE: Down slopes :s~ C'DIIIIIeI1œ at :a :mb:dmumdistanœof lO ft. :frail the
public:sidewa1k. Alternate tree plm1tings in :a~oved =ncrete -=neroot
=tziners will be considered .for .Jjmited are:¡!!.
43. Copies of ~ed c::a;.R's shall be filed with the City,.
44. "A lOW' :and 1IOèerAte incorœhousing program with Jm -established goal of 5%
low 1IIld 5\ lIDderate shall .be in;>lemented subject 1:.0 the awroVlll of the
City's :housing coordinator. NJTE: l. 1% change resulting in 4% low-and £%
mJderate is rleeneà 1IIlacœptable tolerance. Thiscondititm shall be
deferred :and :further evaluated as a :factor in the analysis of the 'General
Plan density poliC'iesas they relate :to parcels ]\-24, R-25, R-26, "R-27,
imd R-2B.
45. ;.21 paved &:CeSS to sewer and drainage outle+-..s shall be slJbject to
çpraval by :the Director Df Planning.
46. .A:mini1lUll\ of three church sites totaling 7 ,acres shall be -designated prior
:to recordatia¡ of the :fimÜ1IBp.
47. '~ .8pI!Iœ -ntH shor.m at the rærof various lots baddng .onto the
golf J::DUrBe shall be inc:luded in the 9ó1fcourse 1IIiÜJ1tenanœ program.
4B. All lots adjacent to intersections ~lJbject to TOad widening requirements
shall require :further rmew by the Planning Director to determine
acceptability.
49. s::bool œve1opnent shall :be phased :ì;O provide :faci1iti~ -with .a6eguate
Cllpac::ities 1:.0 .serve resiœntiaJ. DC::LJpancy. 'Me11o-"Roos Conmmity
hcl11ties District has :been :foDled by the respective :school districts.
¥~
----. ,~,
50. Provide street TJI eS a¡ the tentative 118::>.
~-
51. 1. c:oncep--...ual landscape plan, tDgether with a water lIi:magenent plan, shall
be provided prior to City CoW1cil a~oval 0:: the tentative na~d
subject to the approval,of City'.!! Lanèscape Architect... -~
52.. Development m ill parcels shall be -jn a=rdance with EastLaIce Greens SPA
Plan, Public 1"ad.lities Financing Plan ana Design 'Manual.
53. ~ rleveloper .shill annex .zùJ. areas within the subdivision DoW1dsries
prior to rectlrdation of any £inal lIIap.
54. .~ phasing plan shill be designed to connect interior subdivisions within
Phase ! to the satisfacr.ion of the City Engineer.
55. W lots withoutaB'roveð private or public 1Ic::esB shall .be shown as a
.siDgle lot..
56. '1'he open spaœ shown ildjacent to _sterly sidecf Route 125 =rider shall
be œdicated to the City across its entirety for £utur~ transfer to the
.state of California as part of £uture £reeway right~f-wllY. SChool
District has option of"'putting in retaining .wðll lIc:rOSS the high school
site.
57. Letting ap;:rcval for Unit 14 shall be c:ontinued W1til a precise plan
àetailing the desi9l1 of the project is revi~ by the Design Review
Comnittee. ~reafter., the lotting of Unit 14 .will be c:onsiàered by the
City Council £or tentative Bubdi visiOll mapapprowl..
58. Orange Avenue alrridor design .shall De subject to .approval of the Director
of Plmming regarding J3rading, .slope grading, landsc::aping ana fencing.
59. All lets -jn Units 4, 7, .and B shall be a mini1lUl!1 uf 50 £eet wide and 20%
of lots -jn Units 11 and 13 .shall be a lI1ini1lUl!1 of 50 feet wiàe.
A lI1iniDum of twenty (20) percent of all lots within Units 4, 7, and B, 11,
and D are -jntended to aet::Ol1llDdate une-story units or units with a
Ime-Btcry plateline alOllg the street £rentage. Said one-story units shall
be plaœdnn lots with II m1ni11um width of 50 £eet..
1.ny units displaced as a result of revision to the subdivision 1IIIIY be
=si~eèI .for transfer to another -unitwitnm EastLllkeGr-eens.
60. Jll!jor e1try points to the EastLake Greens development shall require
approval or the Director of Planning with respect to grad:lng, slope
graèlientand landscaping.
61. All Dr the Dpen space lots shall be di1Æ!nsioned (see Loop Street .1..
adjacent 1:0 DnitB 1-47 39 and 13).
62. ~ JÇ8C8 lotBaèljacent to private parks shill! be included in the private
parkB 1:O.be mrlntained by the Hcmeowne..-s' AssociatiOll.
4(¡?
-----. .-----.
63. A water Zlgreeænt with CY-..ay Munic:i~ water District regarding terminal
storage ani! water ~ly shall be regclred prior to approval of the final
œp.
-
£4. 11. pedestrim1bridge Dr mJ alternativeacceptab1e to the City Engineer
sha1l beconst:ruc:ted DVer~y Lakes ~ to connect the CDIIIIUTlity trail. -
frem "EastLali:e :I: to 1'astLake !I.
EJJt Mitic¡ation Measures - :Planning
-65. 1Iesidential land uses plmmed adjacent to Dr -near a:mmerc:ial æ¡d
jnàust.riill -uses shall :be Aðeguate1y .buffered. :Necessary 1JIeasures .will
inc1uðe 1I:wall ~ f~ toœ~ese ~o~ mJd in~ease privac:y7 a
physical, vertical ~ horizontal separation between land uses, Le., a
road, slopes ~ A landscaped open £?'Ice .buffer~ ~ some type of vegetative
.!.'creen. !ç8c:ts - oc::o=j¡¡g -as A Iesult of site-specific ð<>..signs will be
1I1itigateð .on A site-spec:ific basis. (1'9. 4-15)
66. In tlrder 1:0 mitigate the site .spec:i:fic il1y:¡a=, the following :must De
c:ompleted :i11 Ac:cor&nœ with the 'thresholœ pollcy mJd the East Chula
Vis'"..a 'Transportation :Phas~ :Plan:
1\.. :l:11prove 'Telegraph Canyon J!oad.between State :Route 125 2md the
~..1.ake Greens)'.rrailsootmòary to six-lane prime arterial stanàards.
b. Construct Htmte :parì;way and Easl.Lake Parkway as 1Iajor roads .between
'Telegraph Canyon "Road and Orange Avenue.
c. Construction of 11 :sDUt.hbotmd State :Route 125 to €a5tbDtmd Telegraph
Canyon BDað loop ran;> at the .state Route 125/Telegraph Canyon :Road
intersection or extend :state :Route 125 $auth to :East :Palomar .street
(which would amnect to the BastLake II :street
.system). (pg. 4-37.)
67. "The on-site water storage tanJcshall receive additional landscaping. -This
shall incluœ the use of additional vegetation within the site c:DJIiXItmd to
obscure the t1mk itself, 118 well 118 -exterior landscaping of the perimeter
:fence :to provide A 1IDl"e Aesthetic screen.
68. Residential 1Inits :i11 the vicinity m the 5DG&<: transmission line :shall be
spaœð .and oriented to mini1nize views .of those facilities. "The 50-fool
Duffer ~ang 'both :siðes tlf the roadway ttavers.blg the ~orthern sit€
boanòary :shall receive sufficient landscaping to -effectively screen
ðeve'loJ:Inent associated with EastLake I. Additiona1ly~ residential unit.s
in the DDrthern project site :shall .be spaced andorienteð to 1IIinimize
views to the north Where appropriate.
69. 11. preliminaIy geotedmiœ1 report .has been prepared for the :EastLake
.Greens property :by San Diego $ail.s Engineering, ~nc. 11.986). This xeport
c:ontains various rec:amenðations to provide adequate surface and
BUbsurfZlœ ðrZIinage æd -erosioo =tro1 thZlt Bha11 .be :i11c:orporated into
the project æsign. JIeCOImenðed mel:lBUres inCluðe,but are not ~i1nit-ed to,
the £ol1Did:ng:
1/7
. Surface and Subsur:fIsce Drainage: Surf.ace runoff into downslope
natural areas and graded areas~hould be minimized. Where possible,
dra.inðge should be directed to suitable disposal areas via nonerosive
devices (Le., paveè swales and storm drains). -
Pad drainage BhœilP be designed to =1lt!Ct and direct surface wat-er"s
away ftan prqposeè structures to approved .drainage :facilities. For
.eMtiJ areas, 11 m!.ni1llml gradient of two percent should be JDaintaiœd
lInð Drainage .should .be directed toward a¡:proved swales or drai11Bge
:fadlities. Drainage patterns awroveð lit the time of :fine grading
:shoald be Jœintained throughout the life uf proposed structures.
70. Subdrains shall be placed under ~ :fill located in -existing drainage
::curses at identified or potenti-al seepage arèas. Specific locations
shall be eva1uateè in the field ãuring grading -With general subdrain
locations jJ¡dicated on the 1Ipproved grading plan. The :subdrain
:instBlJ.atim¡ :s~ be reviewed :by the 't!ngi.neering geologist prior to fill
placement.
7~. DrailUlge devices Me required behinè stabilization :fills to JDinimize the
builò-up tIt :hydrostatic and/or Beepage forces. (See 1'.r eliminary
Geot.echnica1 1nvestigafions, San Diego Soils Engineering, 1nc.. (1986) for
details and reconmended locations of these backdrains.) Depending on
slope .height, at least one' tier Df drAins .would be required for
awroxi1œltely '!!Very 30 feet of slope height. Drains lIIaY also be needed at
contacts .between permeable and non-permeable fCDIBtions.
7:2. Slopes shall .be planteè with 1Iwropriate drought-resistant vegetation as
r«:aml!nœd by a J.anåscape 1Irchitect .immediat~y :follOOng 13I"ading.
'Erosicm mntrol and rlrainagedevices shall .be installed in !:aI1pliance with
the reguirements Df the City of Chula Vista.
7J.Water sball not :be illO'wleð to run over the top of or flow downgraded or
natural slopes.
74. ~vices amstructed to drain and protect slopes, including brow ditches,
berms, retention basins, terrace drains (if utilized) and down drains
shall :be múntdned regularly" and in particular, ;should not be allowed to
clog :so that water = :flow unchecked Dver ~lope ;faces. Subdrain outlet!>
shall :be múntained to prevent :burial or Dther, :blockage.
75. ~ ensure that .ignificant ana potentially unique fossils and
paleontolcgiœ1 resources 1Ire not destroyeð 'Without i!xamination and
1II1II1:yaia, it Jlhall :be requireð that 11 guali:fieð pali!Ol1tologist DCnitor the
initial graðing r "-lvities during œvelopment tlf the :EastLake Greens site.
76. B. Walls anO/or :berms shall .be installed to the satisfaction of the
Director Df 1'1anning to reduce :noise exposure to acceptable leveh
Dnsite.
!l'he çplicant :has proposeð an nptional 5-foot fence -enclosing the
peri1lletercf the residential :boundaIY '(Figure 2-10)" and the 5-fool
wall height was :factored into the nodel to analyze the effecti veneSF:
y~
--
of suc:n a wall on the signific:ant noise im¡:acts projected onsite. In
sene cases, II 5-foot wall height was determined not to be required
and a lower wall height was evaluated.
It was œtermined that ..a 5-foot .barrier along the tc!P 'Of slope on
porticns of ~tern side -of JætLake hrkway &Jè portions I?! pt€
inteIna1 loop road, anðcontiguws 1;0 'the DOrthern mid southern entry
roaðs. toIOUld reduce projected onsite :noise levels .be1ow65dB(A) 'OæL
(l"igure -4-J.7)4 A 3-foot bðrrier would 2ÙBO :be reguired along the
a:ntn1 golf course rOilð 1;0 fmi:herattenuateDl1Bite noise levels.
BJ1se leve1.B at the park CJuld :be reduced through the incorporation
of baIriers :of 1I1in1œl ,height 11.e4., J. :to 2 feet)4 Walls are TJOt
r~..ðt:d because of aesthetic considerations m¡ð because the
attenuationrequireej is only two decibels. Attenuation at the pari<
cou1ð be achieved by rAising the paej elevations near tiJe .contributing
roadwayat:!Y 2 1'eet ilUltead 'Of :f.ncorporatiTIg a barrier. '!'he 'barriers
.along residential ;portions of 'the site :shOuld consist 'Of 1tZIl1:s.. ,earth
:benœ, :or a t:OIIiJination :of ..waDs mid .berms. Noise levels !Ibove E5
dB(A) and :below 75 dB(A) OŒL .areamsiàered COIIpIItiblt! with the
P[c.~ c:onrnerclalaree in the 1IOIthweBt c:omer of the project arel>
:and no barriers are required to Jlttenuate the noise 1-121 in this
area or the :Bite.
Based en the current qrading plan, the identifiednoi8e walls woulð
mitigate the projecteðexteriornoise I_eb .below the required 65
CtŒL .tandllrd .anCl to a 1evelDf irurignificanœ -with the exception of
the park 1Iihere 2I11ght -exceeðGnoes vould tlCCUr. 1f"the paClelevation
il: rlÚBeð, as Iec:clllllllnded, ,no 1Idvt!r.Be :noise inptc:t.B woulCl ocx:u r
onsite.
b. 1'nr thoaeportiol18 of the 'IIite 1Ixpoeeð to ,60 CNEL orgr811.ter
"(identified in Figure -4-17), an interior llC0U8tiCAl analyais will be
required Dnce building :plans anCl .ite plans .are .1IIIIde available to
enaure the '111M! of awropriate a:xIIItructi'On 1IIIIteria18 to attenuate the
intedornoiH level. below II. level Dr ..ignifiœnce.
77. On 4T1 intarilllbuiB, Parcel. 1\-24, 11-25, 1\-26, 11-277 -.d R-2B .hall be
zmeð at the target denaity 'Or .....5 ådlhng ;1In11:.8 per .:r884 A 1IIIIxi- Df
,",,034 uni1:.8 will be ~rOV8ð tor ~t1.ake II 1II1til ..uch 1;1- - the
9U1ðelinel 107; exceeding the :target deMity :for the General Plan Update
.are r8801V8ð. ~ following :prDC8dure will 'occur t.o :determill8 aððitional
denaity. if ~Y. '.tor the ~t1.ake prDjec:t.
&. Specific quideliT18 for exceeding the target General Plan
ð8n81ty will be adopted,
b. "nIe adopteCl General Plan jX)licies -will be aR>l1ed 'to determine
the iTICI~ta1 un1tJ1 to :be :aððeð to £a8tLake II.
C4 'nIe un1ta :fran t.he new aïlc:ulalionwill be d11ltributeð to t.heae
fift parcels ,or :ot.herunsubdivideð portion of EutLake 'Gr8tll18
'1'8ntative Map.
J/1
~ --
d. !'be SPA Plan and Tentative Map 1o'ill be returned to the Planning
CamdBsion and City Counci'!"- for aèb~ion of the increased
density, if any.
-
lB. Prior to the recorœtion uf the fiœl mp~ the East:1.ake ! private park
agreement SIan :be a~oveð by the City Council. - ,
79. 'The ~e Gr~ Deve1C1p111ent \\greenent shall contain a provision
1ID1dYIg 'the :East:Lake Gr~ project subject to the Transportation
1>hasing PlmI JlIlèI the I>rDWth I!II!.nagement 1:lement Df the General Plan.
BO. :!'rior to recorœticn of tile :t111al 1II!p, the appliCllllt :shall .Bubmit an
~eellllmt -to the City regarèlil19 public: use of the golf course. 'This
1IIIIY be aðdrftllsed in .the conditione.l .use permit required for the golf
course.
B1. ".ftIe Planning . CcIIIIIiJœion r-rðltion regarding the reèluction of
.åMllil19 mUu mntai11ed in Condition 13 of tile æastLake J:! 'General
DevelClpll8!1t PlmI ill inc:crpora\:eèl into thi8 :resolution (East:Lalte -Greens
redJCIIð :!ran 3609 -dwelling uniU -to 2774. dwelling uni'ts).
nNDncs~ .-
Punruant to Section '664.73.3 of the Subdivision PIIIpAct., "Tentative
SwxUviBioo PIlIp for burt.Lake Gretml! Tract 88-3 it! found to be ccnBilltent
with the Chula Vi.ta General Plan &II adopted by the Chula ViBta City
Council baøeð 00 the :following :tinðin9JI~
1. :LIInð U.. El-nt
The OIIneral Plan 1»8i9I\Bte8 the burtlake GrftlUlBIeIUI tor LoIoMteèIium
1Ie8idential - -11 ... x::onrnerc:ial, public:, quaai-publ1c(-=taoo18,
park8, ichurchn ) and .8are open -llpllce. ~ :r8CClllllllndeèl 2,774.
r..idential .uniu :18 vithin the -den8ity (betwøn -target JIIId maxillUll)
Tang. of the General Planr..identia1dnignation of low/medium
r..idential (3-6 ðu/gr.,ac.), including den8ity transfens fran the
parlt. 8dIool. andqolt couue to the r..idential area (327 du).
2. Circ:u1atioo !:lement
All --of the -on-ait.e and -aU-aite p1blic: .treeta requ1reèl to ..rlle the
:aubdivi81oo wIll :be aJnI truc::t.eèl nr DIF t- paid .by 'the developer in
-=corðBnc8 with the :l'.IUIttAk. Green8 Public: ~ac:llit.i.s ~inanc:ing Plan
anð D8Yelop.nt Agreement..
3. ØOU8ing Element
~ prDpOHd .projec::t.wil1 :provièlea minillUll\ of ID\ affordable
bouaing incluèling a -mix of .hoU8ing types JIIIð lot .1zee tor
mngle-!lIIII1ly. townhou8.8, =ndominium mid vari0U8 apartment
~ti- that will ptDITiðe .. -vide spectrum of :hOU81ng pric:eø tor
}8r80n8 -of varioU8 i1lCCll188.
50
-- -,
.(. PArks and Recreation Element
~.
The subðivision will provide approximately 40 acres of inproved
c:ormunity mid neighborhooè parks in accordance with location:e--m¡d
stanèarãs m tt General Plan. The required park a...""l"eage for
!:astLa1œ Greens 29.2 acres. -"
5. Public: hcilities 1:lenent
~ project is obligated in the l:Onèitions of approval to
:pe.rticipst!! in providing the water .facl1ities, wastewater fac:ilities
anã drainage j;acl1ities requiTed by the policies of the General
Plan. 'l'hese inc:1uðe emergenc:ywater 1ItOI1lge .reservoir, c:onøtruc:tion
of a 50 mllion gallon facility by CI'MD, provisions for lIdditional
wastewater tacili ties by parallel sewer pipelines and c:onøtructing
Dn-site Detention basins to reduce peak .storm flows.
ii. Open Bpaœ 1II11'JConservaticn Element
Tne ~seð 1Iubdi vision is in =formance with the goals and
policies of the element." :There lire 710 lanò resources, .water
resources, plan~ or mrlmaJ. resources crepen Bp/Sce areas identified
for preservlltion in the General Plan for this Bite.
7. Safety £lement
'!'he project :Bite is c:cnsidereð a seismically :active :area, although
there =e no imown active faults on :or lIdjacent to the property.
'l'he fire protection facilities .and services ~d to .serve the
prDject nave :been revieweð by the :Fire Department. Other emergency
service .agencies :have revieweð the prcposeèl .subdivision for
=for1llllJlCe with _fety polky. '!'he ,project will increase the :need
for aèãitional p:¡lice and fire .personnel., however, the City is
planning to 1IISt!t the need with additional revenues provided by the
project.
Pursuant to Sec:tion £6U2.30f the Subdivision Map Act, the effects of
the tentative æp for EastLake Greens ~Ac:t B8-3 on the Ì1ousing .needs of
the region .has :been c:onøièered in that the Bubdivision will proviðe 11
~iety Df Ì1ousing types thatwlll. serve all ðspec:t.B tlf the COIII1IUJ1i ty .
~ t:cuncil bas ~urtberblllanced the JIeed - for :housing against public:
aervice neeðB tlf its residents JUlã available fisœ1anð environmental
resources :iD that the City bas 4oIeigheèl the j;iac:al effects .of the prDject
1Inð finðs that it will :not deplete =rent :resources JUld .has j;urther
bIùJmœèI the envirtmmentaleffec:ts by incorporating mitigation JDeIIBures.
Pursuant to Sectitm £6473.1 of the :Subãivision Map Act, the EastLake
Greens ~act 118-3 .has provided to the extent feasible for future ptBBive
Dr Mtural :heatingtlr J::OOling tlpportmrlties in that the propœeððesign
has:a preèlominm1t north-Bouth orientation .of long, narrow parcels
5í
. -
e-ac:ouraging east-west orientation of buildings and creating southern
exposure for pitc::heð longitudinal rfufs to fa::il1tate solar energy.
-
Presented by ... ~roved lIS to Íorm by - 7
-
4~¡¿~~!of
ty Attorney
Plmmng
5930a
.,
s;;¿
.' -
ADOPTED AND APPROVED BY TI'tE CITY COUNCIL Of THE CITY OF
CHILA VISTA, CALIFORNIA, fhis 16 day of .July -
19 ~. .by the fallowing ~Ie, 10~1: ---
AYES: £ount:"meJlÌ)er.> eox, Malcok, Moore
NAYES: tountilmeJlÌ)ers McCandliss ,Nader
ABSTAIN: Count:ilmeJlÌ)ers None
ABSENT: CountilmeJlÌ)ers None
._...~ !::JJ~: ~~~~
ATT£SI~~oU~
V City Clerk
STATE OF CALF'ORMA )
COUNTY OF SAN DEGO ) $S.
CITY OF CHULA YlSTA )
" JENNfEM. FULASZ,CMC, CITY CLERK of the City of Chulo Vista, Californl
:>0 HEREBY -CERTIFY thaI the above :and "foregoing is a full, 1rueand correclcopy {)f
RESDLUT1DNND. 15200 ,and :that 1he aomehasnot been amended1) ' Tepeal.
AT£D
City Clerk
63
";~ - - E-L-G.- ¡L--
A ITA CHMENT 6
~P~~~E.::::';);~u~_,_~Et.~:: 2-
~1:'~Coun:;~o'.$m; ~~:'.!¡::nt;',
'~~7?f~
- /-tr.
¡;i~::i'i~~~ u~~-~"-
P':::::::JRDING ?3QUESTED BY: )
)
:::':::y Cle:::-i: )
)
WE:EN RECORDED MAILTD: )
)
C-TTY OF CBIJLA VISTA )
276 J>our'c.h Av€I1ue )
Chula Vis-¡;a, CA 91910 )
)
No -::ransÍ= tax is due as this is a )
c::mveyance to a public agency of )
less than a :fee interest :for which )
no cash consideration has been paid)
0:: :::-eceived.. )
)
)
)
Developer )
)
)
Above .space :for Recorder's Use
SUPPLEMENTAL SUBDIVISION IMPROVEMENT .AGREEMENT
(General Condition ~C~ and ~D~. Conditions..¡. J4, :l7, 22. 2528,
29 and 30 of Resolution 18l70; Cúnditions 3, 30. 3l, 38 and 39
of Resol1rt:ion 15200)
Th:i:s .supplementaJ. Subdivision ..--.IJ1\provement .Agreemertt
("Agr~ement") :is :JIlade this ...L:IZ.J, day o:f .r.,¿-ßRU~~g' 199£" by :and
between 'THE CITY OF .CHULA VISTA, CaJ.ii'orniã ("C' "or ."Grantee"
::f= :recording pw::poses only); Xa1J:Í]Jlan and Ðroãa o:E .san Diego" Inco,
a Cali:Eornia ooIporation, 12626 :High J3l-u:E:E Drive, Suite 400., San
Diego, California 92130 ("Developer" or "Grantor") ana EastLãke
Development CDIl!Pany, a general partnership ("EastLake") with
reference to the :facts set :forth below., .which recitãls .constitute
a part D:E -::his Agreement=
JŒCInLS
1
StJ ('iJ7'¿{ -Lfl/7
-1 / y;;. )/
.. ~ .........
:1.. This AgreeJDent concerns and affec--..s certain :-e<:.l p:-::>pe:-7-Y
l::>:::ated iIl Chula Vista, California, :more particularly ãesc::-it>ed ::m
:Exnibit "1-," attached hereto and iIlcorporated hereirJ ("Prope:::-..y").
:For pmposes o:f "this .AgrßeJDent the "t= "Pxoj ect" shall JIlean
~e:rt:y". The PxDpert:y is part ;oÏ B lëmd .ðevelcpJllent project
uwned "by 32st:Lake 'imd :iscommonJ.y b1own BS :Ea:s1:.Läke South Greens.
2. Developer is -:the owner Df -the PxDperty.
3. ~:is the Ì>ene:fic~ under a iieedDf Trust :for the
:!":operty., =ecorded :¡anuazy 3:1., :1.996 -as :File No.. J.996-DD49973 of
if-:ficial :Records, 'imd is -the holder o:fc~....a.b1 repu:::chase righ1::s
and such D"""..ber rights :underagreeJDents rec=ded .J.aDua.---y 3:1., :1.996 as
:file :Nos. J.996-DD49572 and J.996-DD4999B, :b&-..b D:f O:f:ficial Records.
-4. .:East:Lã]œ:has :ap.plioed :for :and "thetity 'has :approved :a
-,:'£!Dt:atÎ.ve 5ubè:i:v::i:s:ion ;Hap =onJ.y re:f£!I:red to .as 'EastLakß South
;~. t:>reens, T1nit l2 "Tract 96-02 ("Tent'ative 5ub~yi:sion !!lap") :for the
:subè.i:v:isimJ D:f -the Pxoperty. '.
5. The 'city J1as adopteè Resolution .No. J.52DD and subsequent
~olutions :No. l76lB :and lBJ.7D pursuant to -:which :it has approved
'tile Tentative 5ubrliv:ision :Map subject to c~~conditions as JIlore
pa:rt.i:culërly Described in said ~esolutions. The description of 'tile
conditions :in this recital section o:f this .AgreeJDent is intendeè
onJ.y to smmnar:iz e :aIld par:aph:r:ase $IIc:h cOIlaitions in the
~esol.:rtiO1'.s, =d :is :not :i:ntended J1erein to :mmti:fy -or -explain theJD,
and :is l1ot :Urt-ended :as a basis :for :i:nterpreting 'them.
.A. ;Conã:i.ti-ml ::No.3 X)f ~es~>:1:ut:i.= :'No. ~2DD requires
developer to gDar:a:nteeconstructixm of i:mproveJnents prior to
approval Df '" :fi:nal :map Íoreac:h phase :ana to 'Donstrnct the
i1DproveJDen= prior to :issuance o:f any Duildi:ng permits :for a
slJÌ)Seguent phase. Bpeciíîcally.,C:ondi:tion .No.3 reguires the
Donstructiono:f :East Drange Avenue :from Jiunte :P=1cway to the
-:westerly subdivision boundary :ana Jiunte .J>a.r:kway :from South
-Greens:v::i.ew to Easí: .orange .Avenue.
:B. Canfti:t:i.DD :'No. 3D m ~eSX>hrt:::im1 3io. :LS2DD requires
dev-eloper to ent-er 5:nto :an agr-eement whereby the <Developer agrèes
-that -the dty :JDaY ;w:ì'tlihoJ.d ;b1ri.ldi:ng pe:r::mits z-or <ëlDY mri.ts in-the
sUbject. s1JÌldi::v5s:i-on :ü trai':f:ic :on D:tay ::Lãkes ~OãD,. 'TeJ.egraph
t:any0Il ::RmI.ii. ;EastLãke :Far1cway" 'Dr :East ~:H" street .exceed the
l-evels oD:f s~ce :identi:fied :in the Ci-ty":s .adopted thresholds.
c... condition :No~ 32 o£ ~eso:1."1Jt:Lcm :l.52D1> requires
Developer 1:.0 agr-ee to :not protest :fm:matiDn :c:f an assessment
,distrïc:t :for the :const::ruct:iOIl 'o:f str-eet 5Epnwements to connect
"Orange AvenIle :and :F.al.= Str-eet to .ex:ist:i:ng iJnprovements to the
2
SS-
----- -_.- -, - . . ---. --, 7-'-C'. "-', ,',--.-;-:-'7-'"
.. --... ~
west of -=he subject i1Ilprove!I!en-.:.s as pr:;jects in the Eas-:.ern
Territories Develop!I!ent ~!I!pact Fee System.
D. Condition Eo. s 38 :¡ 39 Df Jœso~ution :l.52 0 0
:regujIes :developer to :construct park :f.acilitiesand dedicate park
J.žmd ~or the ;EastLàke :South Greens devel-opment :of cwbï:ch unit 22
:is 'a part thereof -
1:. .:Gener.a:l Condi:t::iDn "c" DÍ Jæso~ution :l.BJ.7 D requires
iieveloper to .comply -with lil mrl'uJ.:fi.J.J.ed :ccnditions DÍ 'approval of
the :Ea:s1:Lake :Greens ~entative 1mp" !:hula vi'Sta ~act 8"8-3
-es'-...abl:ished :by :Resolution Jilo. :1.5200 apprDVed by Council on ,July l"8,
:1989 and :ænendiDg :Resolution 2762B, and to remain 1l1 :compliance
wi"til :and ÌJ!!Plement the terms, :conditions, :and provisions £If
:EastL-akeGreens Sectional :Pl.anning Area, :EastL-ak-e Greens :Planned
.cammunity District :Regulations" tie .:Ea.stLake -Greens Development
Agreement. the ;Water -Consen7:ation :PJ.an .and the .1rir Qual.ity :P~an,
Dasïgn"GuiiieJ.i.nes æld the :Public :Facilities FÌ'nancll1g :Plan and
iEpl-ementation prdmiliures :as the City .JIIay reguir.e,assuring that
-a..-"'ter :approvaloÍ the Fll1al :Map, the Developer :shall contll1ue to
CDJI!Ply -.vith" r-emain ì:n compllirnce with, ëmd ~l-e:ment :such plans.
:F. Gener.a:l Conaition '"D"oÍ :Resolut:ion J.8J.70 requires
the -developer 'to install public facilities :rn acc=dance viti the
:EastLake Greens :Fublir:: Facilities :Fll1ancll1g :Plan ("':PFFP") and to
~:iIie .by any sUbseguent ëUIlendment to the :PEFP JIlade by the City
that 'addresses the park improvement obligations of the developer,
:including but: :not liJ:nited to" dedication £If parkland, th¡.
construction Df .:community center and gyJIl, and such D'ther park
iEprovements.
G. ccond:i-::iDn Eo. -4 cor ~eso~ution Eo. J.'8J.70 reguires
the developer to .construct or guarantee to construct :East Orange
Avenue., ftcm J'lunte :Parkway to the :westerly boundary of the .5DG&:E
-easement :wes'terJ.y rJf the subdivisiDn.
.33:. 'Cond:itix>n 310. J.-4D:f :Reso~ut:Um 150. :l.BJ.7D requires
the ::developer to -enter ì:ntoëU1agreement 'With the City OiTher.e:by:
3.. ~ ::develrJper :agre~ 'tlletity :may ..ï'tllhold
D11ilàÏDg perm:iu :for 2m)' mrits in the -:sUbject. subdi:1'ision i:f any
mle ~:f the :following 'Occur:
:a. Regional development 'threshold J.:bnits
set by the :East Chula Vista ~æ1Sportation :Phasing :PJ.an have been
reached.
.b. h'a:fi'ic 'Volumes" levels of :service.,
publi:c -:utilities ,and/Dr 'Services exceed the adopted City
threShold standards-
3
S~
,',.' - .---...
2,. The developer agrees th:at the Ci¡Oy may
..-ithhold building pe=its Íor :any oÍ the proposed development if
tile rIaguixed public :faciliti.es" .as identii'iIad in the P.F1"P and
CcnditiDD :No. :3 :and "2'able :I .oÍ JœsolutiDD 35200 or as ænended or
:cthe:rw.ise ¡::anflititmed :have :not .Deen ~O1I!Pl-et.ed -Dr.constructed to
satis:f:at:t:imJ '!If 'tile r:j:ty. "2'he iieveluper :may prDposecl1anges in
tbe t:bni.:ng =d seguencì:ng oÍdevelDpJnent :aDd "the ccnstructioD of
ÍJl!prDVements ñ:f-ected. :In such :case" the .!:'.r.r:r' Eay be :aJJlended as
::appr"DVed Dy the .city ~l:a.11I1ÎDg DirIactor ::and City .EngiDeer.
:I. .cani'!'i+'i"'t> ::No. :!3 ~ 3tesoJ.uticn ::No. ~B:l7D requires
the iieveloper to :ëlecrend" indemni.f'y:and :hom h:armJ.-ess the city and
its :agents, DffiDers '<IDd 'en¡pluYIaes, :from ~ cl:a.i.:m, actiun or
prm::eed:i:ng against the City" or its ::agents" .officers Dr employees
to ;attack, :set ætsiùe" v.om :or ::aI1Ilul .any aP1JrovaJ: :by the City,
i.DcJ:udiDg Bppr-Dv:al Dy :its ~J.mm:b1gCOJDJIIiss:iJ:m" tity Councilor
¡my ::apprm¡;ù :by 'tile:Cj:t,y, :rncJ.uttmg ~DVJÙ :by its :a.gents"
,Dff:icer:s =- 'e1I!Pluyees 'With r-eg:a:rd T~, 4ris 5Ubdj:v:isicn pursuant tD
SectiDD ',664.9.9.37oÍ the :Map Act prov:i:ded tbe tity prDÇtly
ncr...:i:f:ies the subdiv:i.der .of :aDY .chim, 'act.iDn Dr prDceed:i:ng and Dn
tbe :fur'"...her .confliti-oD that "the City :fully =operates ì:n the
dei'.en.se.
::J. "Cond:i~n ::No. :l'6 .of :ResOJ.utiDD :No. :lB:'7t) reguixes
-the Developer to :hold theCity:ha=lcess :frœn :any liability :for
IaIDsitm, siltation .or Ï1:1=e:a.se :flow Df :èra:iD:age I.esulting ÍrDm
this pr.oject.
X. :Conditi:on ::No. :l7 m Jil.esoJ:ution 310. :LtI:l7t) regui.res
the :ëlevelcper tD ::agr<=e to :i:n.sure that ::all :fnmchîsed cable
tel.evis:i:OD cOIl!PaIries (~Cable Company~) .:ar.e per:mi.ttedegual
opportunity "to place conduit and provide .cabl.e tel.ev:i.sion .service
to 'each lot ÑlÌthin the subdivision. :Restrict access to the
conduit to 'DlÙY those :franchised cable t.elev:isiDn .cCDllpanie.s 'Who
,ar.e" ::and Ien:a:i.D In .compliance ÑlÌth, :all :of the tenns ::and
ccnditicns :OÍ -:the :fnmchis.e :and which ære i.D :f~ ccmpli:ance
ÑlÌth ::all Dther :nil-es" I.eguJ.:atiœlS" =dinaDces::and ;proceð.ur.es
regDJ..a:t:i.Dg ana ::a:f:f.ect:i:ng the <DþE!.'rJ1tiDn -o:f :c:a:ble 'Í:elevisi:on
;c::œ¡paD:i.-es æs same :may ~ .Deen. :or :may :fr.am tiJoe :t::o t:iJne be
issued J::Iy ne Üi:y m tChuJ:<,- -¡7::ista
:I- :cœùIiti%œ ::No. 22 .t):f ~0J.U'tiœ1 :No. :L1I:l~iÐ. r.egu:ir-es
developer to :t::CJl!PJ.y :with "the ter:ms and .conàitiDIlS en:f the
Ac::gtcisition/~:aru:::i:ng Agr.eement :for .Assessment District '94-J." '.co
.94-064" <aP1Jroved :by ,'Council :ResolutiDn .:RJ.74B3 as sai-a tIaDllS and
conditions :may .be :~ppJ.:icable to this development.
1 ~ .JiIo. 25 4>:f :ResoJ.:Dticn 310. :JJ!:l7t) requires
DevelOper to sIi.bmi.t ;a idet:ailed 'COnstruct:iOD phasing schedule :fur
the :r::cnstruct5.tm :of ;pr.ivat.e :and .cDIDlDUD:Ì.ty parks "Í:D the Directors
-4
67
-"---~-------~--"- -- ----~--
- "'ì
c:: 1'arks =d Recreation and 1'lanning for review prior to issuance
of tile Íi="st buildlllg pe=it for tile 1'rop~y.
~. t:ond:i:t:ion :Jio- :211 .r>i' ~eso:brt::iml :!io. :L8~7D requires
developer 1:.0 sUbmit J.m1dscape pJ2ms :f-= :Lat .c and -water
:maDBgemeJJt ;¡uîdelines to the city :fDr ~pprovaJ. pr.ior to approval
:DÍ i:.he park :gradlllg plan.
D. :condition :!io. :29 %)1' :JtesoJ:utiml :Jio. :J.B~7D requires
developer to submit a landscape :tìes.ign :fDr :East .orange Avenue and
.BImte :Parkway and OMan -approval ÍrDm the ~ksimd Recreation
LaDdscape .:Architect prior wor concurrently ....ith apprDval of the
first site plan for the :Property-
1'. 'Conctiûon :Jio. 3D m :ResoJ.m:iDn :Jio. ~7j) :requir-es
ãeveloper tD tåk-e action <is r-eguixed ;by :a :noise :study ;approved :by
the City tD :mitigate :noise to ;acceptiù>lce levels ~rior to issuance
c:f :buildi 11g peDDits.
'There care .certai'Il rr..her -mwex:f=ed and :xmÍul:Eillced conditions
of said :T€IItative Map-
city is 'Willi'Ilg, on the premises, se=ity, terES and
conditions :herei'Il contai'Iled to approve the :final :map ÍDr wich
Developer Las applied as bei'Ilg in substantial comormance .with the
:Tentative Bubctivision.Map described ï'Il cthis .Agreement.
ROW, EEREFORE, i'Ilexchange :for the :mutmùcovenants,; terms
and:conditions herei'Il contained, the paz+-ies -agree as set Íorth
.below.
:J.. :Agreement :App1:it::~le to :Subsequent Owners.
:J..~ ~greement :J!:i.nd:i:ng -Upon :successors. :This .Agreement
.shaD. ;be :bi'Ilding upon .and inure to the .benefit oÍ the successors,
i!.SSi-gns ãDd interoests .of the parties :as t-o :any .or ;all .of tile
:1>.rI:perty 'IJIItil released :by the :J1IutualconseJJt 'o:f the parties-
2.2 Agreement:iUmS v3:J::ll -:t:1le:I.and- 'The J:rorden '.o:f the
:awena:nts ccntD.ined :i:n this AgrsemeJJt ;C°'Burdeno'J :is:E= tile benefit
:01' i::he lãDdDWDed 3:>y the City :adjacent to tile .P.r~ert:y- des=ibed
;as ~Cammunity ~k. :mor-e ;particuJ.~ly ùes=::ilied ;as :Lot 2 :of
Map :No. 32544, recorded .;January 2£., 2990. The Burden touches aDd
concer:ns the Property - It is the :i:Jrt::-ent 01' the parties. and the
parties agree, that this covenant shall be 1:>inding upon. and run
<With, the rnmership 01' the land :which it burdens- 'The Burden 01'
this .Agreement Shall be r-el-eased £rom title., as to an indi-vidual
~ut -= =it -.ri:tbi:n the Property :upon the saleDf :any lot iJl!proved
<With ;a residence" prov:ided :however. the city .deter:mines ~at the
-E:f:fect 'Of :suCh rel-ease.,or in '.conjlmctïon .dth previous releases"
5
be
---~--_. .. u_,
. . .
"'-';C"'- ", --C:.:,' ",':",', ','..', ';,:
'.... - ~
will -not jeopardize the completion of the i1nprovements or other
obligations remainiDg 'Under this Agreement.- If the Ci1::y determines
~t the release -will -not jeopardize said obligations, the City
shall execm:e ,a .gu:itc:J.aiJn .reTeasiDg 1::he :BtIrdenof 1:bi:s .Agreement
j'rmn :the title to .ëmy :such lots. .1!:s te :¡my lots ;which 'have Dot .been
~'Baseël, the :Burden DÎ this .A9T~ent :SheIl 'Continue to .encumber
SIlch lots :and Shall .be 2biDaing :upon" and = -with" the ownership of
such lets =til :such 1:ots are :released.
a. ~e:L-se:an:Guest:B1ù.:l.%ier =s:i:gmnents. II the
owner 'D:f the 1'.rDper:t:y :assi-gns :any portion DÍ the :PIDject, the owner
:may :have 'the :right to 'Obtain a release of any m the 'Owner's
obligati-ons :under this .Agreement, prov:ided the .owner 'Obtai.ns the
:;r:i'Or writtß11 L:ensent DÍ thetity t'O such' .r-eJ.ease. .such :assignment
shall" Jwwever., De sUbject 1:D this .Agreement æmd 1::he :B=ðen D:f this
.Agreement shall :renai:n ;a~evenam: :ruI1I1iDg ..u:tb. :the J.2md.- Thetity
shalJ. :net 'Vlithbolii its L:ensent to :any :such :request ::fm- ;a :r-elease se
, .. =g= the asszig".ge :ackn'Owl-eages ~at the :B1p;;aen :o:f 'tlæ AgreeJn2nt
= w.ith the land, :assumes 'tile obJ..igati'OD5 of the 'Owner under this
Agreement" '<IDd .demonstxates, to the r.easoncì>le sat:is:faction e:f the
City" its .mility te per:fo= its obligations -under this .Agreement
as it .relr..es te the portion 'Of the PIoject which Ï5 .being acguired
.ì:>y the Assignee.
.1:>. :P,arti:zù :Re1ease. :U th e 'Owner oÎ the preperty
:assigns ëmy portien oÎ the PI'Oject subject to the :Burden 'Of this
Agreement, 'Upen :reguest :by the owner Dr its :assignee., the City
shall .rel-ea.se the :a5signeeeÎ the :Burden eÍ thÏs .Agreement as te
.such assigned pertien if .such portion .has L:omplied -:with the
.r£!g1rir.emenT-..s oÍ this .Agreement and such paxticù. :rel-ease -:wi11 -net,
iD the 'Op:in:ien o:f the City, jecpar.d:i.ze the likelihoed that the
:remainder .of the :Burden -will Dot .be cemp1eted.
2. ,t:oJDp~'Oe ~:f conditions.
2.3. :General <CCDdit:LCJl "'.c" o:f ~esoJ..uticn :IJI::L7D. In
:sr..is:fa~...iDn D:f :Gener:alCendition ~C~ :CÎ 3ieselution :LB1.7D ~e
DeveJ.Dper :ana :Ea:st:liëik-e ;agrees 1:D ~:Jçì::y .-:ith æmd :remzrl:n ;rn
L:DÇli:ance *lith èll =ïIû::fillceð .~onàitiDD5 :o:f apprDVë.l "O:f the
:Ea.stla]œ ;Greens Tentative :Map~ õ7:i:sta ~c:t 18B-3 .estëlbliSfied
by 3œso:LL11::inn 3!lo. :l3:2DD .apprmr.ed by '.counci:L :on .July 1.'8" ::I:9B9 and
,<meDtÜ:ng ~oìutiDn ::!.7£:LB. :and t°.caII!Ply -¡,¡ith and :renai:n :i:n
-compl5.:ance .-:ith :a:nd fupl-ement the tßDJlS. conditions. Jmd
prov:isi'Ons'O:f ~astLake -Br-eens $ectioncù. Plamü.Dg ;Area. EastLake
Greens "Plmmed :Community District "Regulations" the EastL-ake
Breens Development Agreement, the ..ater Censervation Plan and the
2>..irQuality Plan" Design GuideJ.iDes and the Publi~ :Faciliti-es
:FiDanc:i:ng :Plëm and i:u!pl~entation precedures :as 'the city JIlay
:reguj.r.e., :assuring that Efter approval 'oÎ the :Fincù. :!lap ::fm- the
-6
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:?-:operty, ::he Developer and EastLake shall ::ontinue -:'0 comply
vith, reJna:i.n in compliance with., and i1nplement .such plans.
2.2- .GeDexa:l .Condition "':D'" '0£ :ResoJ.ntion J.8:l7D. In
:s<r1:ÏsÍactïan :of' .General t:onditiœJ ~I>~ ,o:f :Resoll1tion J1!:l"7D
:East::L;;ù¡:~ :herEby ügrees to :abide :by :any subsequent a1Denàment to
the :PF.FP :made :by "the City thatadàresses the park ;b¡q:>rovement
Dbligations or EastLak~ and the Developer agrees to abide :by the
same ;with "respect to 1Jnit :12, iDcl:uàiDg:but Dot l:bnited to.,
rledi=ti= or parklaDd., the construction .or COJIDIlunityCenter and
Gym, and :such other park iJnprovements. ::EastLcke :f¡¡r'-...her agrees
to process an mnenàmeDt to the PF:F:P Mlithin sbc (6) :months :from
execution OÏ this Agreement to reflect :the terms or this
Agreement (pa--ragrcphs 2.3 "and 2.£) vith ::respect to the
i=;"-~..:ionOÏ pUblic :faciliti.es.
--- 2.3. Canditit)n :No. :3 1:>r :Resol11tit)n :No. J.52DD. In
:Sa-'-..isÏaC"-..:iori Dr Condition 1'10. ~ Dr :Resolur.ion :l5200, EastLcke
.shall .do ~ or the rolloWÍng"-
a EastLake shall provide all or the :following
i"'cems to "the City by the earlier Dr: a) the approval or the :final
=p :for :Eas""..Lcke Greens LJnit lO, or b) -upon the Ci:t:y'.s :issuance
o:f any pe=it or approval :for the :constructÌDn o:f <my or the
i:D!Provements Described :below=
::L. Bond (s)., :approved :by the .City ::Engineer,
to guarantee .construction. or rullstreet .i:mprovements :for the
segment or ::East orange Avenue :from :Bunte parkway to -the 'Westerly
subdiv:ision boundary ("'::East Orange Ave .5eg1Dent") - ~e SJIIount or
said :bond shE.ll De 2:10% tiJnes a construction cost ~sti:mate
approved by the City ::Engineer i:f iJnprovement plans have Deen
approved :by the City., J.50 -% tiJnes the :approved cost .esti:m.ate ir
;b¡q:>rovement plans are being processed by the City., or 200% tiJnes
the -constrnctit)n. cost æstimate approved :by the City ::Engineer :if
:iJJ!prmTemeDt plans have Dot been submitt~d :f= :City ::rev:iew" -and
2- Bondes) n :approved by "the'Cìty ::Engineer"
-to ~const:ructi'On <or :fIllJ. street -ÎJl!prcvements ::fer the
segment :of' :BImte Parkway :frDm SO1rt:hGreensv:i~ tu :East <Or.ange
Avenue :{-':B1mte Parkway Improvement"') - ~e a1DOunt 'Dr said bonè.ìng
Shall De llD% tiJnes the construction cost .esti:mate õ.pproved by
the City æng::i:neer, :and
3- An irrevocabl~ orrer(s.) or dedication
(I ODs.) ::for riyht :or "Way and t€Iqporary construction easements
Decessary to :construct the East 'orange Ave Seg1Dent and the :Bunte
::Parkway J:1I!provement.
"7
óO
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:","..,..-..-::,'.:.:... ,'. .',.. ".
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b. Eas-~ake agrees to commence cons=ruction of
i.Dterim i:mprvvements :for the 'East Orange :Ave SegJllent upon the
-=arlÏer 0-£: ..) :fi"I1al :map .approvcLL :for the :EastLaJc-e Greens II
æx;pansion Area" 4S shown :on the ""East:LëikeGr-eens :?D];¡lic
ñciJ.ìti'E$ :F.ll1anciDg 1>.Jm¡ hoject "Components 1>1:at1';¡ or b)
..I:OIlStrnctiDn 'Commenc:i:ng" on 1:he segment :oÎ :s:R:l25 :!:romotay
:Lëik-es Boatl to :East Dr2mge Ave; :or :c) ...~onst:ruc:tlon :commencïng" on
"tile segment co:f :East Drange Avenue :frmn :sRl25 tD "the 'EastLãJce
Gr-eens -westerly subdivisitm :bounàmy:; '.or :d) -wit.hi.D :five yeärs .
:from -exeCtltion m this Agreement- ,(:For pmposes :0£ "this
pa:n>gr:aph., "the term ." constructit>n :commenc:i:ng" :sh~ 1!lean when a
cons:trnctitm :contract :bas :been -awarded :for "tile ÍJI\PrDVement_) The
inter:bn iJuprcovements :Eas""..:L-ak-e is xegu:ired to construct .sball
.iDclude :but :not .De li:mited to the :follow.iD9; :median island curbs
<IDd site ~., :melli-.m ~-.mdscapïng :and :i=::igatiDD., street
lig:hts~ 2D-£o-ot ~e :pav~ent:tm d"ther .side :0£ "the :median
island" :cm:b :inlets, :and ;aspbãlt:conc::re:te swales itirectìng
~aqe to .curb :Uùets.. :EastLake ~""~ll =l-ete t:onStruction of
said i7rt:er-.:m .Dnprovements ~:i:th:i:n three (3) yêars aftercommencïng
cons:trnction :on the .5ãJIle-
c- :EastLake sbalJ. commence construction of the
~eJnai.ning :full street :i:mprovements:on the :north llali of the 'East
D=ange Ave SegJllent and 4n additional twelve (22) :foot lane on the
south llali cof .said .5egment by the -earlier of: a) tra£:fic on said
street <eXceeding :L:2000 2IDTs(aver:age :daily 'trips):; -= b) within
:five years :fr.om the -executi:on :of "this Agreement- :EastLak-e shall
cCJ!!Plete construction co£ the =a:bring :fJJ1l street :iJnprovements
and "the J.2 :foot lane within three (3) years a:fter commencing
const:ructitm :on -said :i:mpr:ovements-
d. :EastLãJce sh~ commence construction o£ the
:fJJ1l street improvements :for the Bunte Parkway I:mpr:ovement upon
'tile -eärliero:f:a) "'.constructi-on .commenc.iDg" :on the segment of
.East orange Avenue,:from Bunte :Parkway "to the Olympic n-ainiDg
-Center; -or b) "'.constructi-on .commenciDg" .on the segment .of East
Orange :Avenue Írom JIunte PZlrkway tD -the -westerJ.y s1Jbdìv:isi-on
bounàa:ry; =- .c) ;withi:n ~ivB YBë1r.5 :fr.om execJrt:ÏDn <oÎ -this
Agreement.. 3!:astLakB Shall 'C0JI!PJ.eb! ;eonstructi:on t:I:f the Ïull
-street ~~ents ;witlli:n three 1(3.) yea:rs :a:ft-er <COIIIIIlenciDg
:constr:uct5.Dn :en :saiD. .DgJrDvement.
-e- 'EastLãJce shall -co:mmence "Construction of East
Palamar :Street pri-= to "the :apprDVaJ. '0£ the :fiDal JDap :for
:EastLa:kB Greens, Dnit :2£ (the prDposed .a:f:fordabJ.-e Dousing site)
or the issuance of :any .development permit for Dnit 2£., -whichever
:occurs :first. :EastLak-e shalJ. cCJ!!Plet-e :construc:tïon of East
Palomär :street ;within ::three years :a:fter :cammenc:rng :construction
-on said .DgJrDVement. :EastLake:shall :prDvide "the ;City with
:iJnprovement se=iti-es apprDved z,y the .city Engïneer toguärantee
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~e cons=uction of :East Palomar S=eet prior to the City's
Í5suaDce ::>:: any pe...--mit for constru....'"tion 0:: said improvement.
2-4. ~tiœl Bo. 311 m ~eso~u1::itm 252DD. In
satïs:fi!.c::'-..:ion D:fCondition Bo. 3D D:f ResoJ:ution B2DD, Developer
:aDd ;Eas:tLaJœ :agrees "that the Cii:.Y ~y ;wÏthhoJ.d ;bu:ild:b1g :pennits
:f= :any =its -wîi:h:i:n the ~oject i:f 'tra:f:fic onDta.y Lakes Road,
"TeJ.e.graph 'Canyon :Road, EastLake hrkway" =- :East ~li~ Street
-exceed the J.-evels o:f service identi:fi-ed :in the City's i!.dopted
threshoJ.ds.
2.5. .conilition Bo. 3:1. o:f :ResoJ.~on .:1.321111 - Fonnation
0:: :Mabrtemmce District - In satisi'action oi' Condition :No. 32 of
.:FŒsollltion :No. B200, Developer and :EastLake agrees Dot to
pretest the :fODllation o:f .an :assessmentilistr:ict :f= the
-c::onstr:u.ct:i 'm .str-eet :iD!Provements to cCœmect DraDge Avenue and
:?al= .street to -existìDg :bçrovements to the :west DÎ the
:subject :p-:Dperty -and :not to prot-e~ the.. ";',(lI::l1lSiono:f th., 'subject
:bnprovements ::as projects :in the :Easter'J1 '"Te=itories Development
~act Fee system.
2.6. :condition 38 ;¡ 39-c:f J/.eso~-ation .:L321111 1I.D.èl
Condition 25 r>:f :Resolution :1.11:1.711. :In satis-£action of Conditions
3B :& 39 rrf JŒsolution J.5200 and Condititm 25 of Resolution lBl70,
1':as"-...Lake shal:l deliver to the City" smuJ:bmeously with the
~c::ution Df this Agreement, .an :i=evocable off-er .of dedication
.:f= :La :net usable a=es Df parkland :for public use, as usable is
ileterJDined Ì!Y the Cii:.Y, located 'WithiD :Eas""..Lëík:e Greens, Phase 3
at the .site identtlied as the :P-3Community :Park (O':P-3 Park")-
:Easí:Lake :f=ther agrees to constru...'"t :park :bnprovements :for the :P-
3 :Park :in :accordance -with the reguirements of the .ci.ty'5
Landscape 'Manual and :as approved :by the Director or :Parks and
:Recreation ("'p-3 .Park Improvements" 1. :EastLãke shaJ.J. provide .by
.March 1996, :f= the Parks and Re=eation Dire:::tor':s :approval, the
,est:llnated :cost for construction of the :P-3 :Park Improvements,
:afij=t£d :1'= the .compounded -ef:f.ect or :rn:fhtion ::as JDea:s=ed .by
the 20 'Cïi:.Y Average ;buiJ.d:b1gcost prices recorded i.J:¡ the .:NationaJ.
:EngiDeeri:ng !Nei07S ~ecor.d iConstruc:titm :Cost :rnaex :for "thr.ee -years
J::ammenc.ing :MarCh, :L99fi ((-'EstiJnated 'Costs-J.
~e agrees to provide the di:.Y # -:with :bçrovement
sec::m:iti-es. .in accordance 'With fie sc::heduJ.e des=iDe 1>eJ.r>ww .in .an
=aunt m l25% .or the EstiJDated Costs o:f the 'p-3 Park
:IJi!provement.s. :from a su:frici-ent s1JI"ei:.Y. ;whose su:f:Eit:ienc::y has
:been approved by the Cìty~ :EastLake shall deliver to the City,
:simuJ.taneously -wî1:h the execution o:f this Agreement., an
:i:mprDVeInent se=ity iDan amount .calc::ulat-ed :as the Froduct or
the :n1Illiber ri.f Det :a=eso:f Farkland reguìred .[lD) t:i:mes the
park:!æmd and ÍJI!provement.costs per a=e ,of $J.55.9DO Fer .acre
JDDltiplied .by l.25- Botwithstand:b1g the :l'Drego.ing, :EastLake
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shall po~ any additional improvement sec~ities required to
E'.qmLl J..25% 'o:f -:!:.he Estimated Costso£ the P-3 Park IJnprovements by
~t:h 3:1, ll9B.
:EastI.¡aJœ agrees to r:omplet-e :grad:IDg D:f tile :F-3 :PlIrk
sit-e 'by ~r:h 33." 3.99£ :ana :c:omplete r:onst:ructïunD£ the P-3 Park
:I.JçIrovemexr-...s 'by ~art:h 3:1, :J.:999. :East:L-ake :agrees to r:ommence
ccnst:ruct:i.tm D:f saiii ~r.Dvements :by Earch 3:1, .:J..9.9B. :r:f the P-3
brk :::bI!Pr.cvements lire :notcomplet-ed ..i-:thi.:n the t:bne speci:fi-ed -
ãDove, -:!:.he sums prDv:ided 'by i::he :i1J¡provement csecuriti-es :for 'Such
:i.Jnprovemen1:s :may be :used by the .city :for the comple--o.Ïon o:f P-3
~ :I:mpr.cvements. :EastLak-e -agrees -:to pay tie city :any .short:fall
between the -:total costs incurred to r::omplete tie "Work a11d the
proceeds ÎrDDl :any i:mprovement securities" ..mich includes but it
:not J.i:mitea :to" -:to :cast: 'Dr desiyn ,~ion :D:f
r:cnst:ruct:iDn, .<md :attcIDeys" Ï-ees :and court r:osts :rn=ed by tile
City i:n =ùer to Dbt:aÏn such short:fc.ll ,a:mounts.
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:EastLãke :further -agrees -:to :c:oIl!Pletegrad:i:ng ;or :the '3.3
gross :acre private park (:F-:5) :no J.Bter i::han .March 3:1, ll.96 a11d
complete r::ons1:ruc::tor ÍJI!prDvements :for .:said park :by the -earlier
o£ the issuance o:f tie .J.,,66£th 'buildiTIg pennit :for :EastLã.ke
Greens :Dr :Marr::h 3:1, :1.997 -
2.7. .ccmditiDIl "!I 'Or :Resolution 211:1711. Developer:and
:Eas1::Lãk-e .ìms .:sã.tis:fi-ed Condition -4 o:f Resolntion :LB:17D through
the 'Sã.tÌEÍ:act:ion 'D:f Condition 30f Resolution :L52DD :rn 1::his
~eement-
2. E. t:cnditi:on 24 D:f iResc2utïDIl :J.B:1"7'D. :In satisr:ac::tion
of .condition :L4 Dr Resolntion 2B270 Developer cmd :East:Lak-e ¡agrees
thrt the City .has the right to withhold 'building pennits :for ã.ny
dweJ.J.ing mrits .on the Pr.operty :at such time as the 1:ra:fric
volumesDD Dtay L-akes Road, Telegraph .canYDD Roã.d, :EastLake
ParJ..-way, = J;:ast ~1f" .street exceed the level D:f service
identtii-ea. i.n -:!:.he City's :adDpt-ed thr.eshoJ.rl.s.
2.:9- ;CQna:LÛDIl.:!5 1CI:f :ResDlutiDn :IJ!:17Ð. I:n satïs:f:action
or -:Conèiticn :J5,or :ResoJ.ntÏDn 3.B27D Developer ana :Ba.stLãke ;agrees
to :ae:fend" .indeJDDi:Eya aDd Dolù :harmless the ':Citya :and its agents~
D:f:fÏCer:s .and eJl!Pl'Oyees" ft.om a.:ny ot:J:a:i:m.ar::t5:DD = prDceedhg
:against :the 'City" ,or in agents" ,:offir:er:s = employees., to
att:a.ck" set aside.., voia :or .:annul ,âJlY :appr~ by the City"
Î11cludÏDg approvals .by its Pla.nniDgCommïssion" 'CityCOUDCil. =
any :approval .by its:agents" D:f:ficers ,or -employees odth regard to
this Pr.ojec::t pursuant to Sec::tion6£49.9_37 oj' the :Map Act provided
the city p=oçtly Doti:fies :Ea.stLêik-e Dr .any cl-a:bn., action 'or
pror:eedÏDg :and :fully ~ooper:ates :rn thede:f-ense.
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2-20- condition ~6 of Reso2~tion ~B~7D- In
satisfa~ion of Condition 26 of Resolution 28270 Developer and
:EastL-ake agrees to bold the City ba=less from any liability for
a"osion, siltation Dr in=ease ~low of ~ge resulting :from
this ~Dject-
2_2:1.- 'Condition ~7Df :R£OSDJ.u1::i»n ~1I~7D- ïD
sati.s:faction o:f Condition 27 of 3œsolution :L13:l.7D Developer and
:East:Lake 'agrees ~o pennit all .cablß tßl-evision compëmies
:franchi:sed .by "the City of Chula "V.i.sta ~gual opportmri.1:y ~o place
conduit to 4Ilèl provide cable ~elev:i.sion se.....-:vice ~Dreach lot or
mri.~ withiIl the Project... J)eveloper and ~e ~urther agrees
to -graDt, by license or easement, anèl ~or the benefit -of" ,and ~o
.be -enforceable .by, the City of Chula. "Vista,conditional access to
!:able ~elevÍ5ion ;conduit "Within the proper-....iii$ :si~uated :tN'i"thin
the .P.:r:Dject only to "thosecabJ.e ~ßIß-.risiDIlCompæ:cies Íra.nc:hiseèl
by "the .ci"ty of ChuJ:a "Yi.stô fie .conmtiun m such gnrnt :beiDg that
(a..)- such access is -coordinôtceèl "With Develop<'-I anèl EastLake" s
construc--....ion schedules so thôt .J.t :does :not delay "Dr :içede said
constructiDn schedules anèl èloes :not require "the tr£!Dches to :be
reopened to accomDloèlate the placement of such conduits, -anèl
Cb) -any such cablß company Í5aDèI r£!JIlains in compliaDce "With, and
prœnises to rema:rn ~ .compl:Urnce with, "the terms and conditions
cf "the :franchise and with all other rules, regulations,
ordiTIances aDd proceèlures regulatiDg and úfßcting the operation
of .cable television :ccmpëmies as Sa1De :may have been" or :may Írom
tiJDe to ~iJDe.De, issueèl by the Ci"ty of 'Cbula "V.i.sta- Developer
and E~..Lake .:her-eby "Conveys to the city 'of Chula "Vista the
ônthority to enforce, said covenant by such remedices ë.S "the .city
det=ines appropriate" iDC:luð.i:ng revocation of said -grant 'Upon a
deteDl1ÌDatiun :by the City :of Chula "Vista that "they .ha.ve violated
the .conditions of the grant-
2_:12- CoDdition 22 Df :ResolutioD :J.B::I.7.D- .D1
satisfaction of Conèlition 22 of :Resolution :1.8270, Developer ,aDd""'-' -'
:EastLake agr-ees to -ccmply with -the terms anèl conditions :o:f "the
Acqui.:si~iDIlrFinanc:ing Agreement :for Asse=ent J)istrict :94-:1." CD
94-D£4".approved 1:>yCounc:il Æ.esohIti:on :RJ74133 as said -t-enns and
.conditiDns :may :De applicable to thÏs ilevelopment-
2-:13- <ecmditiDn 2J1 of 1æsOJ.miDD :J.1I::I.7D- ID
.satis:fiictiDIlDf ;Condition 213 "D:f :Resolution J.BJ.7D, Developer .ana:
:EastLak-e ôgrees to sW:nnit l-andsc3.pe plans :for Lot C =d -water
:maI1agement guidelines to the -City :for ,approval prior to approval
o:f the private park (Lot 'C) gradi:ng plans-
2-J.4- I:cmditit>D 29 D::f :ResoJ.utit>D :L8::I.7Ð- ID
sërtis:factiDD D:f Condition 29 D:f Resolution :l.B270., DeveloperâDd
EastLâ:ke agr-ees ~o .sW:nnit a :J.D.ndsc:apeùe5Ìyn for East 'Orange
Avenue aDd :Hunte .Parkwây -andobtaiD appr:oval :from the Parks ,and
J.J.
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Recreation Landscape Architect prior to or concurren~ly with
approval oÍ the :fÍTst site plan :for the Project.
2-:L5- ~tion 3:0 ~ ::ResoJ:llt:ion ~1IJ.7:O- In
.satis:f:ac:titm '01' Condition :30 -01' :Resolution J.BJ.7D. Developer and
:East:LaJœ agr-ees "to tMe action :us r-eglri:r-eà Dya noise 'Study
approved ):Jy the City to :mitigate noise to a!:ceptable levels prior
to issuaDce :of builtling pennits j;or :Pxoject.
2_J.£- Batisfilct:ion :oj; :ccDiIitioIlS- city agrees that the
€Xecut:i.tm :of this Agree1llent constitutes satisfactiDn 01' Developer's
=d :Ea.s"-..:Lake's obligation of conditions 3, 3 03J. " 38 and 39 of the
:Resol11tiOD No- 25200, and Conditiuns .Gen=1 Condition ~C~ and ~D~ ,
~, :14-:17, 22, 25, 28, 29, ¡. 3D of :Resolutitm No. ~8~7 D-
2.J.7 - CcmpJ.:iance 1I':i:th :DIif11J::filled Condi:ë.ODS-
Devcloper ;md :EastL'ake :agrees "to L:ompl:y -:with all :conditi,ons of the
'T-entat:i:ve Subdivision :Map :appli~:'" ~D the :F.r.opert:y -wmch remain
lmpez:fonne:l or UI1Íuliilled at the IiJne o:f the filing of the :Final
:Maps.
3. :Record:b1g - 'This Agree1llent, or an abs"-...ra ct .hereof
p=epared by either or all of the p~...ies, :may be recorded by any OÍ
the par+-ies.
4. 3/0 -:waiver :D:f :I>ar.k .obligations- The .signing of this
Agreement =d the :approval '0£ this YiDa1 :Map shall Dot :be
considered a -..æ..iver :0£ the positions .held by £rither the City or
:EastLa)c-e -.d th respect to the park :ll!iprovement obligations of
'EastLãke, inc.l1:ldi'Ilg but:not liEited "to" the .dedication o£ parkland,
the ccnstrJlC"-...:ion .0£ "the community'Center and Gy:m or such ,other park
:ÏJJ!provemen--~, as set :forth in Condition 'No.3 9 of :Resolution 252 DO,
the EastLake :Park Agreement, :EastLake Greens Develop1!lent Agreement,
~..Lake Greens III Development Agreement and such :other .ag:I:'eements
that :EastLake :may .have asswned the obligations thereof-
5. :!!isce:o.1!I:Ileous.
5.J.. 3/otit:es. l1nl-ess Dtllenrise prov:i.ded iD this
Agreement Dr by Iiiw. any .aTId .all :noti:ces r~ed ,or ;pennitted:by
1::bis Agreement =- Dy Iiiw to :be .:serve6.on=- ;àel:iv~ed to the
parties shall be :in <o\II'itiDg :aDd shët.ll :be deemed nuly serv-eà.
delivered, ;md received -when personally delivered to the party to
...ham it is dix-ected, 'or in lieu thereof" ...hen three (3) hus:iness
nays hiive cliipsed :followi:ng deposit in the TI..5- :mail. certified or
register-ed =il, retu= receipt .reguest-e.d" £irst-cliiss postage
prepaid" :addressed to the :address :rndir::ated :rn "this Agr-eeme:nt. A
party :may :t:hange such :address :for i:he purpose o:f this par:agrap:h by
.giving -written :notice of such cha11ge to i:he :other parties-
:Facsi1nile tr:ansmissiDn shall .constitute personiil nelivery.
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CITY OF CHDLA VISTA
276 Fo¡¡r+-..h Avenue
Chula Vista, CA 9l.9J.0
Attn: Directorm Public Works
Developer:
Xa1JÍJl1a11 ,a11d Broad of .sa11 Diego., :Inc.
:1.262£ :High :Bluff Drive, Suite 400
San Diego, Ca. .92]30
:EastLake:
:EASTLA1Œ DEíŒLDP1ŒNT CDMPAJ.'Y
.900 Lane Avenue
Suite #J.OD
Chula -Vista., CaJ..iÏo=ia 9J.9J.4
Attn: Willi"2Jl\~. Dstrem
-Vice President
A party :may cha11ge such address :for the. pn..-poseDf this paragraph
by giv.:iDg oa-itten cnDtice of such ctlange tD the othel:" pa:r..ies in the
=er provided in this Pa...'-agraph. Facsbrile transmission shall
constitute personal delivery.
5.2 Captions. Captions in tills Agreement are inserted
:fo=- I::onvenience of referencea11d do cnot ddiDe, des=ibe or limit
the scope Dr intent of this Agree!l1entor any of its "terEs..
5.3 Entire Agreement. "This .Agreement contains the
en-...ire agree!l1ent between the Farties regarrliDg the subject :matter
:hereof. .AI1y prior oral Dr writt-e.."l representations., agreements,
understandi11gs,aJ'Id/or statements shall be "Of no :force a11d .effect.
"This Agreement is not intended to supersede or a:mend any other
agreeJllent :between the parties unless eJqJressly .noted.
5.4 ~reparation of .Agreement. 'No inference, assumption
.or Fresump-..iDn shall :be drawn ÍrDm the ::fact that a party Dr .his
att=ey prepared -and/or dra:fted th:Ls AgreeJllent. It shall be
-conclus:i:vely presumed that the :parties parti!::ipated ,equally in the
prep=ti= and/or:àrafiiDg this .Agreement.
5.5 ~ed:ta1s, ~iu- AIry recitals set forth .above
are incoI:porated by rd-er-ence :into this .AgreeJllent.
5.-66 Atto:rJ1eys' ~ees- Tn the event of aJ'Iy dispute
arising out of th:ïs .AgreeJllent. the prevailiDg party iD <my action
shall :be -entitled to reasonable attorneys' :fees in addition to any
other costs, daJDages" or remedies.
23
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Si~ure Page to Supplemental subdivision Imp:::-ovement
Agreement :for .Eastlake South Greens Unit :J.2
IN ~S WHEREOF" the p~ hereto have .caused -this
:a;¡reement "'tD 1>e -executed the day =nd year :first ;ÌlereiJ:¡above .set
:f crt.h..
'THE 'CITY DFCHULA VISTA
A~ft1~;/;r: :By: \;
:Mayor of tile city" of Chula }lame:
Vista Title:
:A..~~~A-.\1_~~'l~lt~ ~~e:, ~
. ' ~ Cj:ty['l.~ ,::itl-e:: 1"\":':'-'5-c.~/k>s+.-r,"--: ."7
Approved êI.5 to :fo= by :EASTLAKE D:EV:ELOP.MENT COMPANY,
a Ca1i:fD...~a -genera].
"Cartnership
r --
~""YJIL~ tr--..>------ :By: :BOSWELL PROP.ERTI.ES., INC., a
City Att=ey' Cali:f=iE corporation,
Gene;;cg. P~artn .' ,
;/ - .' .
:BY:¿::/~::=.pZ; "-
:Name:
::~l~ t~ ~ -..,
Name~ / / /'
'I'itle: / /
v
:By: ~ ~GO:COMP.ANYd :a
.CaJ..i:fDJ::Jri.a -cœ:por.ation.
Gen~ .P~-
:By: ~
}lame:
Title: ~
By' ;{ ~-
}lame: ~ / ~
'I'itle: 1/
-
(Attach .NotCJ::y Acknowledgment)
:1.4
67
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-, -.
CAUFORNIA ALL-PURPOSE ~CKNOWLEDGMENT ..,-
State oi Califo:-nia
Courny of San Diego
On Tebruary 11, 1996 before me, Xâ1:hry:n L- .sisko" Notary Puòli c
""" ~ mLEDFIJR'1t:ER-E.G. -..-..DOE.HOT.RYPUBu-..
perscmallyappeared Martin Lighteririk and Lisa Gordon ,
~ -IS)DFJOONERIS)
ersonally known 10 me - OF! - 0 proved 10 me un :the basis of satisfactory evidence
to be 1he person(s) whose name(s) is/are
subscribed to the within instrument and ac-
knowledf ed :to methathe/she/they executed
thesEme in his/her/theirauthoriz-erl
~ tJ!TICIAI,.SEAI , I ' capacity(ies) , andthE:t Dyhis/herftheir
. ~~ ~ siQnatura(s) un the instrument the person(s),
.. KJl'AR'n'IIEIUC-t:AIJFDRNIA - or :the en:tity upon behalf of which :the
~ , v-- ".'1011856 .t:
a ' _IEIOIXIUNTY - person(s) Ected. executed the ins1rument.
~ --'~Doc.22, '18111!
+-~~
OPTIONAL
Though the data 'below IS notT!!Quired by law. it may prove valuable 10 'Persons relying on the document ,md could prevent
trauduientTeattachment 01 this term.
tAPACm I:lJtIMEDBY SIGNER DESCRIPTION DF ATIAtHED DDCUMENT
o INDIVIDUAl Eastlalæ Greens .south 1Jn:i.1: 12
,DGORPORAìEDFRŒR .supplemental .subdivision
:Improvement .Agr~ement
TITΠOR TYPE OF DOCUMENT
mLElSl
0 PARìNER{S) 0 IJMTTED
0 GENERAL
0 ATTORNEyciN-FACT NUMBER OF PAGES
0 TRUSTEE{S)
0 GUARDIANtCOII.'S:RVATDR
0 OTHER:
DATE OF DOCUMENT
SIGNER IS 'REPRE53mNG:
'N""EDFPERSDNIS)DFlEmnIIESI
SIGNER(S) OTHER THAN NAMED ABOVE
~193""TJONAL'NOT"RY6C;:-?- 8Z!8-t"... ".0. Boo 7184-<>moga...... "'" "'--7'84
":"f,"',,-.. ,'~--'-'" -,-
"";":'::"',:.:'" ,:""-,:::,,',',;,',.,, . .' "
. - ~
CAUFORNIA Au.-pURPOs... ACKNOWLEDGMENT No ""'"
State of Caliiio=ia
County.o1 San Dieqo
On :Febrnarv 9, T996 :before me, SilvanaC. :BrazelL notarv "DUbl ic
»ATE 'NAME."T1TIE CFDæCER. E,G,. ",""",DOE. NOTARY PUBUO"
:personally;appeared :Paul G. Nieto ël.nd Curtis J - Stephenson
NAME,SI OF SIGOERISI
ß :personally -!mown 10 me - OR - 0 proved 10 me on 1he baSis of satisfactoT)'evidence
10 :be 1he .person(s) whose name(s) is/are
subscribed 10 1he within instrument .andac-
.knowled.Qed 10 me 1hathe/she/they -executed
:the same in tJisfher/theirau1horiz.ed
r:apacity(ies) , and :that by :his/her/1heir
signE:""',..(S) :on 1he instrumem :the :person(s),
or 1he en1i1y upon behalf of which 1he
r _. :person(s) acted, execu1ed 1heins1rumen1.
()~., -:e. S~~~'iAC, BRAZ:!J. K
UJNO'IAAVMa.#10119S1
l ,~y !!omDIEG~~1A Or;; WITNESS my hand and official seal.
., ~ m....,n=-
1'33RlJARY12.1998 1 /, .. /"
Gf.::Lcúv/../ Cr"':?
SlGNAWRE OF~
OPTIONAL
"Though1he dam below is Tlol Tequired by law, it may prove valuable to persons relying on the tloam>enl and could prevent
trauduignt reatlachrœnt of 1his form.
tAPAtlTYtLAIMED.BY1;IGNER DESCRIPTION OF ATIAtHED DOCUMENT
,0 INDIVIDUAL
DCDRPOBATE DFr-ICER
l1Tl.E OR TYPE OFDOCUMENT
'TTTI.£fS)
0 PARTNER(S) 0 LIMITED
0 GENERAL
0 AïTDRNEY-IN-i'ACT NUMBER OF PAGES
0 ìRUST=-(S)
0 GUARDIAN/CONSERVATOR
0 OTHER:
DATE OF DOCUMENT
SlGNER1S;ŒPRESENT1NG:
....... OF PBlSONfS)'OR ENT1TY(1ES)
:BosweTT :PrDperties., Inc. SIGNER(S) OTHER THAN NAMED ABOVE
'The 'Tnlago Company
1>1993 NATIONAL NcrrARY "ASSOC)AT)ON-1I236-,A.... "'.O._71"-~1'a'" CA 91309-71..
to,!
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EXHIBTI' ~ A ~
Lep1 Description
,Chu1a ¥lSta T12d:No. :96-02
EastlaJœ 5outhGreens, 1JnitJiio.12
:R-12
J>ARCEL3 OFJ>ARCELMAJ>NO. 17644,INIHEéCIT'Y:OF CHULA VISTA,
COUNTY OF .5ANDlEGD, '5I.1ITE OF CAUFORNIA, ACCORDING TO MAP
TBEREOFEI.:EDINIHEOmCE OF'1ÐE{XJUNTY1ŒCORDER:OF SAN
DlEGOCDTINTYJANOARY26, 1996A5FlL3NO. ::;::;~13180FOFElC7"L
:RECORDS.
7°
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,CAufORNIA AU-PUR. -'Sf ACKOWlEDGEMENT
State of California )
County of :San Dief o )
Dn ..,;;2 \à\\q¡", before me, VickiC, 50derouist. DeDutv Citv Clerk.
~e~sonally appeared 'Shirlev -HoTton , 'Mavor
Aen;onally -known 1:0 me - DfI- D:provetf 'to me :on1:he :basis of ~ctory 'evidence 1:0
be ':the person(s) whose namets) is/Bra subscribed 10
':the within instrument iITld lIcknowledged 10 me 'that
he/she/:theyexecured 'the same in his/her/their
'authorized .capacityCies}, -and 'that 'by his/her/their
:signatuTB(s):on ':the instrument 'the :person's). Dr :thfJ
Ðntity ;upon behalf of which "the :person(s) -acted,
-executed :ne instr.umer\-C
WITNESS my 'hand and Dfficial seal.
\j ':1 ~ ~\..; ~
.sipM~f Not.",
, OPTIONAL
'Though 'the Data :below is 'not reQuired:by law, it may:prove v<lluable 'to 'Dersons relying nn 'the :document end
could prevent iraudulent reattachment of !his torm,
CAPACITY .cLAIMED:BY ;SIGNER DESCRIPTION OFATIACHED DOCUMENT
D lndividual ~ ~
!:orpor.ateDfficer , ~W~~. , :'
'Mavor ~ltle:orType:ofDOCUment . ~
õltiet8)
D T'artners(s) D .Limited
D General Number of f'a¡¡es
D Attomey-in-hc:t
D TruStee(s)
D GuarDian/Conservator
D Dthsr: Date :of Docu!Tlf!nt
SIGNER 1S 1ŒPRESEN1JNG:
:Nomo"'¡h..onI8)..r'Enlityr...) Signerts) Other Tnan 'Named Above
Citvof Chula ViSta
7/
<,~".." .. '..'"
1 ';--¡~,A,,:- ':;'77 b '.)L=44 ~T;
ÐODRDED DCIJES'I' 01J YIB5T D!ERI CD !'In!: . F-!~l~~ F:tC~f:D:,
Ù\, SDBIJIi"...BICJl1 "¡\~= ..JIG TIRPAR'!VJi:NII> . 3~~DEr' :J~::f:Y fSD".:D=J"5 F-I~E
:PZ::ORDING :PZQUESTED BY: A ITA CHMENT 7 ". fF::;,~"~ .:,::"" CDU~:.Y F::::J:.:,::F
~~~',: ~. ~:
c.:.::y Clerk ';~.:,
)
WEEN RECORDED ;HAIL -:rD: !2l8 )
- ) -.
c:ITY OF CHm.A 'VISTA )
27£ Fourth Avenue ) '
~.
Ciw.la Vista, CA 9~9~O .' )'
' "
R:> -::rans:fer -::ax is :due :as thi.s is a .:~. ;./: >~..
::::mveya.n:::e -::0 Ii :public ~gen:::'y vi
less than '" :fee interest :forwhi:::h -'.')';,"
= :::ash. :::c~ideraticn .has been :paid )~.
= rece.J.vea. )
)
)
)
.Developer )
) -
Above Spa.:::e :for :Re:::crder':s Use
.5UPPLEMEl'."TAL .5DBDITISION IMPROVEMENT AGREEMENT
(Conditions 3, 30 and 32 oj' .Resol=ion 25200; Conditions
General Condition "c" l8, 29, 20, 22, 22, 23, 26, 33, 35 and 40 oÍ
Resolution 2B276);
This Supplement~ Subdivision IlIlprovement .Agr~ement ("Agree-
:ment"¡ is :made this~ day oÍ/'J,,;¡ðCc# ., lE.9.£; by and .between 'THE
CITY DF CHDLA'VISTA, CaJ.i.j'ornia ("City" 'Dr "'Grëmtee'" Íor :recordiDg
purposes oJÙY) :F.ieldstone Communi ti €.S '13. general partnership
("Developer" or "Grantor"'), and :EastLake DEVELOPMENT .cOMPANY,
(-:EastLake~)., -:with :r-eÍerence to the :f'13.C:t.s set :forth below, 'Which
rec::itals constitute a part oÍ this Agreemerrc::
:J!.ECJ:!t'A'LB
1- 'This Agr-eement -CODCe:r:ns ¡¡md .¡;¡ffects -certain realpropeìty
located i.D !:b1Ùa 'Vista~ :caJ.i:Eo=ïa" :mor-e parti-cul<srly described :on
1':xlrl.Dit CIA.' attached llereto and :œcmpoxa:ted llereÏD lC1h'operty".) -
'The Property :is part 'OÍ ñ ~roject =oJÙy 'knOWD ,as :EastLalœ South
Greens Dnit 23- For pw:pDses DÍ this Agr-eement the ~ "'h'oj-ect"
shall :mean "Property" -
2- Developer is the DWDer OÍ the .P.roperty -
3- :EastLäJœ:is the bene:f:ici='yunàer :a .àeedoÍ 'Trust Íor the
Property., recorded ~anuary 3D, :19.9£ as FD-e 'No- ::L9.9£-OO4-£7-BB oÍ
Dfiit::iiÙ :Ret:ords., and is the :bolder DÍ :t:ertai:n :repurchase r:igbts
J.
CO1¿,-¿),)3 -.
77- {' J'g-.).;J.ç
J..50% tiJaes the approved cost estmate i:f bnproveJDent plans are
being prDcessed by the City. or 2DO% t:iJnes the construction cost
estbnate approved by the City :Engineer if bnproveJDent plans have
~ot .been submitted :for City review; and
2- Bond(s). ~rDVed by the -City :EngiDeer., to
~ee :canst:ruct.itm m :rulJ. .street ~ements :for tbe segment
~ ::Hunte ?~ :from Sou*"...hGreensvi'E!W -to Éas't Orange Avenue
("".Hunte ~y :Dnpravement~ ). ~ mnount .o:f saïil »onaiDg shall :be
liD% -ž::i:mes the 'construct.icn -cost estbnate approved Dy the city
Ð:lg:iDeer:¡ and
3. AD :i=evocable :offær (5) :o:f :deification {~IDD-
5~) :for :ri:ghto:f way ilDd tEmpOraJ:}' const:rnction easements J1ecessary
--to constru...'"t the :East Orange avenue Segment aDd the :Hunte P.arkway
:I:mpr ovement.
D. :EastL-ake ;agrees to ccmmence :construct.i-on D:f
:J:ntær.:bn :iJl!prDvements :for :East Dnmge AveIII1e ~on ~e .earliest o:f:
E) :f~:map a;ppro~ :for ~e ::!!:as--.Lã:ke Gr-eens II ::EJq:nmsion Area, as
:shown :on "the 4<.Eas'"J.ake Greens :PD:blit:: hciliti'eS :F:ÏJ1i1Dcing J>lan
.}Tojeet CCIll!Ponents J>J.at~.:¡or b) ~-constrn~don-cOJDmencing~on"the
segment :o:f :510..25 :from cDtay I.akes :Road to .EastDraDge Ave:; :or c)
~t::onstructitm :COJDmencing~ -on "the segment o:f .East 'Orange Avenue :rrom
SR:l25 to the :EastLakeGreens -we5'terly :subdivision :boundary:; or d)
:within :five years :frDJn execution o:f this Agreement. (F.or purposes
o:f 1::hi.E para!;jrapb" the -term 4<:const:ructi= :commenc:i:ng~ shall ~ean
-..men a :cons1:ructi.on ce:on1:ract itms:been awarii.ed :ror"tl1e :improvement_)
:The .:i:nt.er:bn .:i:mprovements :Eastl..ãke isr~ed tc ;construct .shall
:include DJIt :not be J.::iJnited -to the :following;; ~edim1 islâ11d=bs
.mId site :ara:œs., ~edi.an lBDdscaping 2md :J=:i.gation" street lights,
:2D-:root -wi:de pavement ,.on 'Sither side o:f the ~edi.iID :islâ11d, curb
i:nlets., .imd asphalt concrete s-waJ.-es rlir-ecting ilraiDage to curb
inlets. :Eastl..-ake .sball 'complete constructicn o:f :said iDter:iJn
.i:mpr:ov.ements within three (3) years -ûfter -coIlDllencing ,construction
= the saJne.
:c. :Eas1:La:ke shall coIlDllence constrnct.ion D:f the
~"';"rJg :full street ~.ovementsDD 'tile J1ort:h haJ.:r 'D:f the .East
cDraDge Avenue Segmentæmd aD :a:dàitiT:maJ. twe3.ve .;(J.2) :fDot lime on
"tile sou1:ñ :hi!J.:f o:f srld Segment »y "tlle earlier o:f: ..a:D 1:r:a:f:fi-con
sëdñ .st:J:>eet exceediDg "J..2DDD ADTs ((average ..ãaiJ.:y ~;); \OX D)
~tiI.iD. :five :years :f:rDJn 'tile exeC1ItÏtm o:f 1:Dis A!;jreement..EastLak-e
~ "<CCIll!Plete .constrnctìDn D:f the rema:iniDg :EuJ.1. stJ::eet :bnprove-
~ents ëlDd the J.2 :root lime odthin tDr-ee '.C3J years after coIlDllencing
construction 'On said Dç>rovements.
,d. :Eastl..a)¡:e shall cOIlDlleDce construct::ion D:f the :full
:street :i:D¡provements :for the ;Hunte :Parkway I1IIpI'mTement upon "tlle
earli'eSt: ,01:: a) "'-construct.i-on 1:ommencing~ on the segment ,c:f East
Dx=nge Avenue :frDJn :Bunte parkway to the ;OlYJDPic 'Training center; :or
:bJ "':constrnct.i'On .coIlDllencing~ DD the segment :o:f :East Drange Avenue
£;
77
2234
rro:m Bunte Parkway to the westerly subdivision b=dary; or c)
1cithiD :five years :fro:m -execution oÏ this Agreement. EastLake shall
complete construction oÏ the :full street iEprovements within three
(3) years ~~er commenciDg construction on said :i.Jnprovement.
-e. æast:La:ke shalJ. .commence .construction .oÏ East
~ Street. ;pr:lDr tD the .approva].DÏ the :fÏDaJ. ~p :fDr ~ake
Greens~ 1JJlit 2£ -(the ;proposed i!ÏÍDr.dable :hous:mg site) or the
i.ssuance DÏ .aDy ùevel'OpJllent peDDit :for :onit 2£" whiChever occurs
Ï:ÏIst. .EastLake.shalJ. pruvide the r:ity with :bçr-mrement se=i.ties
~ed :by the £ity :Engneer tD ;JUarantee the :COnstructiDn oÏ :East
:P2ùomar Street :prim- to the .r:ity~s .issmmce DÏ any per:mit Ïor
.ccnstrnctiDnoÏ sai.d ÌD!Provement.
2.2 Condition )/0. 30 o:f :Resolution .]10. 232DO. In satis-
=a~-ion oÏ Conditi.oD :No. 3D .o:f 3œsolutioD ~200., Developer lU1d
:Eastl..ake .agree that the r:ìty ~y ~:thhol:ð :buiJ.tling permits :for .any
=its :œ the subjectsUbw:visiDD j:f i::rærfiir: ~Dtay Lã1c:es :Road,
:Telegraph !:aDyon :Road. :EastLãKe ?arkway., -or ~st "'1f" Street ~ceed
-:the levelE of servi-ce :iùenti:fied :i11 the :city~s adDpted thresholds.
2.3 ~nd:i:ti'on :)10. 32 of: :Reso:J.ution 232DO. In satis:faction
:0"£ Condition :No. 3J. oÏ ~esol:uti-on :L52DD, deveJ.~er lU1d :EastLaJœ
agree to :not protest :fO:r:matiOD -oÏ a itistri-ct Ïor the :mantenance o:f
landscaped :medians and parkways along streets within lU1d adjacent
to the subject property .and to Dot protest :fD.J::mation o:f ~ .assess-
:ment :ð:istrict :for the construction ,Df street ÌD!Provements to
-connect .orange Avenue lU1d ~aJ.omar Street to exi.st:i11g Ì1I!Provements
to the west o:f the subject i:mprovements as projects :i11 the :Eastern
Te.....-ritories DevelDpIllent :Dnpact ~ee system.
2.4 >Gene...-.aJ. :Condition ~r:'" o:f 1æsolut:ion 28:1.7:6. In
satis:fact:iDn oÏ .GeneraJ.Condition ~C~ DÏ ~esolution J.£J.7£., the
Developer mId :EastLake Bgree to .coIl!Ply lU1d T~ in :coII!Pliance
with Bnd :i:mplement the ter:ms, conditions mId provisionsoÏ EastLake
Greens .set::"-~onal :Planning Area (SPA)., Xas--..Lëlke Greens Planned
Community hgulations" the ~stLake 'Greens Development Agreement"
1:he -Water Conservation and the An-{.)uality ~lan., Design 'Guidelines
=ml the P1ibli~ 1".a~ilities 1"immc:ing ~la:n-
2.5 ;Coni!3:tùm 3!io. 211 c:f ltesoJ.utiOJl. .0. :L1I:1.7~. :r:n satis-
:faction CÍ 'Canè:i1:ir>n ~o- J.-B .o:f ~esoìuti:on 1110. :rBJ.:7£i.. Developer ëmd
:EastLake agree:
A. ~hat the ~ity :may withhold builùing permits :for lU1y
~ts in the subject subdivision iÏ either one oÏ the :following
occ=:
J.- ~egïonaJ. -ùevelDpIllent threShold J..iJnits set.by the
:East .chula Vista ~ra:nsport.ation :F.hasb:lg Plan :have æen reached.
2. ~"":fic "Vol=es. levels Dr service., publi~
7
r¡g
utilities and/or services ~eed the adopted City threshold stan-
Dards -
"E. The required public :Eacilities, as identified in
-::.be :FYFP and Condition Ro. 3 of Table I of' ~esolution ::L52DD or as
:aJIIended or t:rt::herwise conditioned 2lave ~ .heen .cD.1I!Pletedor con-
structed to ~e sa1:isÎaction m tile t::ity. ~e :DeveJ.oper :may
propose ~ges :.iD :the ti1D:b1g æm seguencng m nevë];opment and tile
ccnstructi:on DÎ :iJI¡prD¥ements:affected. :œ:suCh case., -the :PFFP :may
be ã1Dended :as approved :by thetity :PJ.anniJ'lg Director .and City
:Eng:i.Deer.
2."6 ;conditiœl ~o. ~ m ~eso~uti1m JIIo. :LU7fi. :D:1 satis-
ÍactiDn ,o:f :!:onàition .No. :L:9 :cÏ ~0~lJtim¡ .No. :!:BJ.7£ DeveJ.Dper <md
:EastL-ake agree to de:fend, iDdemni:fy and :hold ha=J.ess the City <md
i-;:s agents., 'o:f:ficer.s .and eJl!Ployees" ÍrtIID. .any 'c~., action or
proceea:mg agaiTist the City" Dr .its agents, D:f:f.icer.s Dr .eJl!Ployees
to :a:t:tacr.., set :asiDe, A7oidDr æmnnl .any :apprcv.aJ. :by the ;City"
iDc~llèi:ng ;approvà.l :b.Y its :P~GDIÙDg :COJllIllissiDn., City :council Dr ¿my
~oval 3:>y the :City" iDcluai:ng :approval J:Iy :its agents" :o:f:ficers Dr
employees ;wj:th regard to 'tids sDbdiv.is:i.Dn pursmmt to .section
££49.9.37 o:f the :Map Act proriileà the tity prO1!lptJ.y J:lot:i::fies :EastL-
J:Ü::e en :any claÌ:m, action Dr proceed:Ï:ng :aDQ on i::he :fnrther conQition
'tlla:t the .city :f.ully cooperates iD the .de:f~e.
2.7 Conaîtìon Bo. 2:0 ;of 3I.eS¡;Ùut:i.on Bo. :l.8::i.7£.. In .satis-
:Eac;""...ion 'Of' .condition .No.2 D o:f ::Resoluti.on RD. :J.BJ.7£' Developer 'ëI11d
:Ea.stLëike .agree 'to .hold the city hm::mJ.ess :from any li.ëiliility :for
erosion, siltation Dr iD=ease :flow :OÎ .draiJ:Jage res1ilti:ng :fr01!l this
project.
2.~ .t:ondìti.O31 310. 2:1. -of ~esD:l.11t3.0n 310. :1.11:1.7£. :.iD satisfac-
tion D:f Ccnd:itiDn 21 :of ::Resolutiún :I..13J.7£ Developer :aDd :EastLJ:Ü::e
agree 'to pe=it :all cCaDle 'tel-evisi'On cCJI!Panies :franchised :by the
City D:f !:hulë. 'Vis'-..a equal opportunity to place ccndu:it to -and
provide cable televis:ionserv:ice :Eor each lot or =it :¡,rithiD the
:project- Developer and :EastLake :further :agree to grant" by license
or ,easement, <and :for the 1>ene:fito:f.. :aDd to .he æmorcea1:>le by" the
tity :o:f ':CbDl:a c¡T.ista" ~onditi'OnaJ. access i::o :cabloe telerl.si'Dn-condu:it
õritid:n ße prDpert:ies situateà <W5:tb:m the :Project =3.1" to those
~l'E 'tcle115.siDn <CaJl!Pëm.ies fi:aDc:b5.sed ~ the 'City m :Cbula 'Vista.
'tile =ditimJ. !OÎ suCh.~ be:i:ng that ¡fa) suCh access :is coorM-
:mrted ~th Dewe3.Dper"s ~d ~~s constrnctï'OIl sCbeðD:œ.so that
it Idoes J:lot aelily or :iJ!!pede 1DexreJ.oper"s -r::onst:ructïon sCheduloe and
does :net :regu:iIe the tr.e.nChes :to De :reopened to accommodate the
placement 'Of suCh :condu:its;; .and :(b) :aJ:JY suCh cable CaJI!PaDY ::is and
remains Í11 compliance 'With" :and promises to :remain iD :compliaDce
4di:h, the tiS!DllS æmd -r::onditj,ons :o:f the :f::œnch:ise ;and 4ilith :all <Other
IDles" :regnlë.tions" urdiDaDces :aJ:Jd procedures :regnlë.1:Ï11g and
affect:iD.g :the :operation :o:f .caDle 't-elevision :eompëm.ies = s:aJlle :may
.:have :been, or :may :from t:i:me to t:i:me De... issued 3:>,y the :City :o:f Chula
vista- DeveJ.'Oper:aDQ æ:astLëike :D.er,èby convey 't'O the ¡:ity o:f iChula
:a
7ý
"";"011'"'
"Vista the authority to en:force saii! ~ovenant by such remedies as
the ci ty det~nes appropriat~, including revocation o:f said grant
upDn a det~~natiDn by the City D:f Chula "Vista that said cable
-=.elev:ision companies .have viDlated the cDnditions D:f the grant.
2.5 ~cnifiticn :!IIc. 22 'D:f ::RescJ.:uti1:m :L13:1.7ii~ J:D satis:f.action
D:fConditïcn ::No. 22 o:f 1œsollltitm :No. :J.Bl7£~ Developer;and :EastLãke
~e i;o ~e ;a :no:i.se sDldy .mIDressiDg :noise :i:u!Pacts .generated
by :JIiajer streets s==d:Utg i:he :PrDj~ct (South Greensview) and
:i.çlement .æ:Jy ::meãSDres :necessãIJ" to ::mitigate :noise i::mpac::ts to
a:::ceptëù:>l£ levels :as :iaenti.:Eied in 'saiD. 'Stndy pri:or to :issuance o:f
~d:i:ng pennìts :fer 'the :Project..
2.:I.~ Ccnifiticn :Nc. 23 'D:f Jœsc:J:uti1:m :1.13:1.76. 'In satis:faction
0:: Condition No. 23 o:f Resolution No. l8l7£, Devel-oper and :EastLake
agr.ee 'to 'provide decorative 't.YJ:>e :fencing, per :EastLake :fence
des:i:gn" =long 'tile rear pr°.p.ert:y J..:rnes :o:f lots 45 and 4£~ :Said
Í£!Jlc:i:ng :shaJ.l :be. Ïntegr:ai:ed ..ith 'tile :dEsign D:f lot: 55 -ext-er.iDr
ÍEIlce :and Íront :f.enceo:f lot 5£.
2.ll'Ccnifit:i.tm :!IIc. 2ii :c:f 3iescJ.:u:t:iDD :LE:l.7Ji. J:D satisraction
:o:f Conditi:on 2£D:f :Resolutïon' :1.'Bl7£, :Eas--...:Iake ::has :submi:tted to the
.city Dr GmJ.:a 'Vista a letter :o:f =etlit in lieu :or ~ash. :EastLak~
:agrees 1:hat 'the City :JIiaY., at :its sole ilis=eti-on, :draw :on the
letter -or =edit (No. LASB-227823 ,dated :February 20, 199£, :in the
sum o:f 1;:952., ODD) to :buy down ..bonded indebtedness in .Assessment
:District :Nos. B4-l., Bl-J. mld9o.-3~
2.n ConditioD :)1.0. 33 c:f 3æsolut:i1:m :L8:1.7i>. J:D sat:israction
:o:f Condition :No. 33 :o:f :Resolution l8l76 the Developer mid EastLake
:agree 'to -gr¡mt '.offsite sto:nn ~ mid sewer £ãSeJIlents to the city
:f.or 'tile :ma::i:nt.emmce .o:f or:fsite sto= .fu::a:in :and sewer :facilities
~cessa:r:y 'to serve 'tile :Property CIS :shown .onCh~ 'Vista Draw.b1g
Nos. :95-20.5., B£-o.7 .and :9£-26 through :96-2.9~ DevelDper and :EastLake
:fu:r'....her agree that the .city JIl2Y ...ithhold issuance -or bu.ild.b1g
pe...T'JIlits :for :Project until const...T"Ucti'on o:f said storm drain and
sewer :facilities is ~ompleted and :said stD:nn drain :and :sewer
easeJIlents -i3Te .granted to the City.
2-:1.3 Ccnd:i:titm 31105- 35 . -41) .o~ 3æsoJmi1m :1.11:1.7:6. J:D satis-
:fac1::iD11 iOÏ 'Ccnèiitirms 35 ~ 40. 1):f .2Œso3..u1::5.tm :11!J.Jii.. :EastLa1œ 1Ias
,de:Jivered to the iCÎ'tyw an irrevoc::aD1eÐffer oj; ðeëlìt::ati;on ;f.or lD
:net JJSabJ.e acres o:f parklimd Ï:or 'pUb:l5.c JJSew as =ab1e .is ùeter-
JDi:neè. by i:Jle City" lDc::ated 'With.i:n :East:Lãk~ ;Greens" P.hase 3 at the
site .iðent:ifiedas the 1'-3 'l::ommunity P.ark -r~1'-3 P.ark"';> - :EastLak-e
:further agrees to construct park bnprovements :for the 1'-3 Park in
accarda:nce ..ith 'the reguirements o:f the City' s lëmdsc::ape Manual ~d
¡as approved :by the Director 'D:f Parks =:nd :Recreatitm J~P-3 park
:DI¡pr.ovemezrts"'.) . ~e Shall pr.cv:ìùe J;>y :March :!E9£? :f,or 1:he
Parks a:nd RecreatiDn I!irector's approval" 1:he æsti::mated ,cost :for
.construction or the .P-3 Park J:JI!provements? .:adjusted :for the 'Com-
pounaea æffed: D:f :in:fl<ltion 1$ JDeãSDred by fie 2D ;City Average
'9
go
4-'oJ (
1nliJ.ding cost prices recorded ÌD the :N¡¡,tional 1:ngineering :NeW'
:Record Construction Cost :rndex :for three years commencing .Marè:h,
29.96 (~Zst:íJnated Costs~) -
1:as+_l¡ake has delivered an :b!q:>rovement security ÌD the aJnount
DÍ .$:I.".94B.,750_DO :for park Dprovements- ~er" æasUãkeagrees
to prov.iñe "'the ~i1:y wi."'th .i:mprmremení: se=:i:ti~s in æm iiDIlount oÎ
J.25-% <oÎ 1:he :Esti1nat~ :Costs o:f "'the ?-3 :PiI:tk ~ements., :frDJll a
sn:f:ficient surety" ~se :su:f:fi.ci-e:ncy .:has Deen approved DY "the city
j:¡y :Earch 32., ~9B- .
:EastLaJce :agrees to pay "'the ti1:y 'im}" :short::f1üJ. J:>etween "the
total ~t::csts incurred ~o ;cDD!Plete "'the ;work :mId "'the proceeds ftDJll :;my
:iJçrovement 'SecDIiti'eS, ;wJ:äch includes 1nIt .is :not J.:iJnited to, cost
of design,aè.m.i.nistration oÎ construction, :and attorneys' :fees and
court cos-"-..5 inc11..'7ed by the City ÍDorder to .obtain 'Such shortiall
-BJIlOunts-
:£cstLãke agrees tocDD!Plrte :gnuti:ng :a:f "'the:F-3 .ParJe site .by
:Msrch 32, :1..9.96 :mId CDD!Plrte construct:i:on oÎ "'the :F-3 .P.aJ:k :IJçrDve-
JIlerr'-...s .by ~ch 32., 2:99.9- J1:astLãke 2Igrees n :commence (Construction
oÎ said iJz¡provement:s :by ~ch 32" E9B. .:i.:f -the :F-3 :Park :IJçrove-
:ments :are :not cDD!Pleted ;within "'the :time ~ec:i:fi~è 2IDove., "'the S1JJI1S
pr.ov:ided DY the .i:mprovement se=ities ::for such i:çrovements JIlay De
=ed .:by "the rity :for the complirtion DÎ 1'-3 :Park :Improvements.
J':astLake ::further :agrees to compl~ ;¡rading DÍ"'the 3-3 ;¡ross
.a=e private park (F-.5J :no later "'tha:n :!o1arch 32" E.9£ and complete
=nstruct o:f i:mprovements :for 'Said paDc .by the ;earli'erDÎ the
issua:nce oÎ "the l,666tb building pe=it :for J1:astLake Greens Dr
Y.ar.ch 3:1.., .:L997 -
2.:1.-4 .Bat:is£actioD <OÎ .conditions. rity agrees that the
-executiDD uÎ this Agreement constitutes satJ..sÎactiDD oÎ Developer's
and J':astLske'.s .obligation :OÎConàitions 3,30 aT1d 32 OÎ :Resolution
:No. :J.52DO, end Conàitions "'c." ,lB, 29, 20, 22, 22, 23,2£, 33,35
and 40 oÎ the :Resolution :No- 2BJ.7£
2.~ 'Coç1.ümce win Dnñ1J.:filled ConIlitians. Dev.eJ.Dper aDd
~e :a;¡ree to x::omply ;with all (Conditions m the~ent:ati'17e
.sDbdi4'ision ~ applicable i:o i:11e 1'.r.oPerI:..Y wl1Ïëh :remain 'UI!Per:foJ:1Ded
Dr 'JIDÏDl-f';l]~a:at the :tDne ~ -the :fïJ3.:ng ~ 'the ::Fi:na1. ~aps.
3. ~g- ~ Agreement, '-or aD ùst:ract J:¡,er;eo:f prepared
by ;either Dr :Doth parties, ::may me recorded :by <either party-
.. Be 'Waiver oÎ 'Park .Obligll1::ions. The signing o:f this
Agreement and 'the approvalo:f ~ 1"i:nal .!!tap shall :not :De (Consid-
.ered a 4QëlÌver :o:f 'the positions .JJ.e1ii :by <either i:11etity -or ÆRs1::I.ake
wi.tb :respect: to "'the park ::bI!provement <obligations ~ 1:1æ :EastLake.,
ÍDcluding 'but :n01: J.:iJniteè! ~o., the ;dedication 'D:f pa:r:k:lanà. the
constructiun 'o:f the Comm1D1i1:y ;Center a:nà'G.YJD <Dr :such <Other park
:1.D
" ..
S/
:i:mprovements, as set :forth in Condition ~o- 39 of' Resolution ~52 DO,
"tile EastLake J>=k Agreement, EastLaKe Greens Development Agreement,
EastLake Greens In Development Agreement aDd such other agreements
that Ea~....Lake lIIay have assumed the obligations thereof'-
5. ~sce:D.BDeous-
5.~ :J¡oi::i.~-- "1JIÙ£Ss otherwise provided in this Agreement
=- :D.:Y hw., mIY:a.nd ;a.TI ::notices xegtrlref!or :perJIlÎtted :by this
Agreementcr :by law -:t.D .be sE!I7ed Dn Dr -delivered to the parties
shall :be i:n ;writiDg and s1lall :be -deemed -dtDy served, .delivered, cmd
:::-eceived ~hen personaJ.J.y :delivered to the party to 'Whom it is
directed, =- :i:n lieu "thereof'., .men three [3) :business .days have
eJ:apsed :fDlJ:ow.ing ne;posi"t :hi the D.E. :maïJ.~ .certi:fied or xegistered
:mail, :return :receipt :requested, :first-class postage prepaid,
addressed to the -address indicated in this Agreement. .
CITY DF 1:::HtJLA "VISTA
276 :Fourtil ::Av61Ue
c:::htDa -V.:ista.,CA E2DJ.O
Ann:: Di:rector of' 'Public works
De ve lI:J.pe:!:=
:F.IE:LDSTONE COMMDNITIES
5465 .'Morehouse Drive
Eui"te ;#250
Ean Diego ,Cali:fonria 92J.2~
Attn: ~n :Bensen
EastLa:ke DEVELOEMENT COMPANY
.SIDD Lëme Avenue
Suite #.J.DD
.c:::hulo. -vista ,Cali:fo:r:n:ia 9JE~-4
Ann: .WilliOJ!l ~. Dstr-em
"Vice :!'resident
A party JJJaY change such address :for the pu..-pose of this paragraph by
.giv:i:ng ~tten :not:ice Df sur::h chaDge to the other party in the :manner
1JrOV:ided :iJ¡ th:is paragraph.. :F'acs:iJniJ.e 1:r>oTl"""; "'5'hm shall constitute
personal :Iiel:i very -
5-2 ~ti.mm. Capti=:ìn 1:Jris A'greement .arë :ìnserted
:for iConvenìence -o:f xder.ence aDD. do ::not :dciine. .des=iDe -or l:iJnìt
tile scope =- :i:ntent ;cß: 1:.Dis .Agreement = ~y 'Dr :its ter:ms-
5.3 :Ent:i:re ~greement- "This Agreement contains tile
ent:i:re :agreement between the parties regarding the sUbject :matter
hereof'- .my prior orlLlor ;written representations, agreements.,
=d~gs"a.nd/or stat-ements shall :be Of'DO :force and .e:f:fect.
Th:i:s Agreement i.:s DOt i:ntendeà to supersede Dr amend mIY .other
a.greement :between the par1:.:ies 1JDless expressly Doted.
:u
6~
5.4 Preparation Qr Agre..ent. }lo i11ference, assump-
tion Dr presumption shaJ.l be drawn Ïrcm the Ïact that :a party .er
~eir :attorney prepared and/or drafted this AgreeJllent. It shall be
conclusively pres1DDed that the parties participated equally in the
preparation a:nd/ or drai'ti:ng this Agreement.
S.5 1ieI:i'taJ.s;:E:x1Wñts. .ADy x~citaJ.s set :Ï.crth .wove
m-e ncmporated Dy rclerence iJrto this ABreeJllent.
5.6 7.ticrneys" :Fees. In -the ~vent o:f any dispute
ar:ìsiDg oIrt: .oJ: "this Agreement, the prevalli.ng party :iD any 2I.etion
shalJ.. :be -entitl~d to reiiScnable attoJ:DeysT :f.ees iD addition to any
u-~er -cos--.:-s, damages., or remedi-es.
J.:1
83
IN WITNESS WHEREOF, the parties hereto have caused this Agre'ement
to be executed the ilay iU1d year :fixst hereinabove set :forth.
:By: CITY OF CHUI..A VISTA
Æ/A/tJÊ' 1kZÞ-..)
:Mayor 1-
Attest:
~2Jl:1L1f{=k
Approved;as to £0=
r ~1r " ~"
Jiif,r" , 'V.J:'..e-~ v"-fJ-,-,- £C!;;...£
-h: - 1!rrií::ëU.M. Eooga-ard,ù 'City ~tt6rneý
Date: 3///7c,
/ /
..5DP1'LEMENTAL SUBDIVISION IMPROVEMENT AGREEMENT
JŒ: PART OF A PRO;:JECT :KNOWN AS EAST.L1i1Œ SOUTH GREENS" "DNIT 23
:J.3
?if
2241"
TIELDSTOm CDMMUNITllS, INC.
a CaJ.ÍÏornil!. corporation
:By: ~M /'-k.'c2'/A,..
Jilë1JIIe:./ Ji: ~~.:--v
~~:
.. .\'-L-
~/~£~~-
~~t1e: .
SUPPLEMENTAL SUBDIVISION IMPROVEMD.'T AGREEMENT
.RE: PART DF A PROJECT :KNOWN .AS :EASTLA1ΠBOIJTHGREENS, 'UNIT 23
:14
f?ç
:EA5TLAIΠDEVELOPMENT COMPANY, 2 .2 4 2
a Cali:fo=ia General partnership
BT~ Boswell Properties, J:nc., a
Cali:fo=ia !::orporation, General
~er ~
~: /~ -4ÿ-'
RaDle:
~itle:
By:
:Name:
~itle:
By: -:fl1e TDlago CDIl!Pany,
a ea:ti:fo=ia !::orporation,
Genera:!. ~er
/ . // -......,/ ~
By: C-/ ~ ~-<...4
:Name:
Title: l" .-;:)
~,~-
:Name: ---...
~itle: / ,;;--" .' I~ ,) .A-r~Î
SUPELEMENTAL :smro:nŒSION IMPROVEMENT .AGREEMENT
JŒ: ?ART DF A :F.RO;:ŒCT :KNOWN .AS :EA5TLAIŒ 1>OUTHGREEN.s., 'DNJ:~ 23
:l5
~
1,;:ALlt-UKNIA ALL-t'UH"'U~t: A\;IlNUWLEUGMENT No 51107
S<.a1e of California
County of 5an Diego ~243
On February 28. j996 .before me, Silvana ,C. Bnl2e j~ nDtary .public
n<rE 'NAME. õ11Œ Of OFFIcæ - EG. -:.MNE IJOE,.NcrT ARYPUBLlc-
:personally ,appeared P.aUI G. :Nieto and Curtìs j. StePhenson
""""IS) Of SIGNERIS)
Π.personally -known 10 me - OF! - 0 proved 1D meDn :the basisDf satisfactory ,evidence
10 be 'the person(s) whose name(s) is/are
subscribed 10 1he within instrument .andac-
knowledged 10 me :that he/she/íheyexecuted
:the same in his/her/their .authorized
1@ ~ii<ŒlL' capacity(ies), :and :that :by :his/her/their
v' .' . ' '. J.'DT D"mNlA,Q signatur,e(s) Dn 1he 'instr.umen11he :person(s),
en' "S 'CDUN1Y 0 or 1he,entityupDn behalf oi which :the
'U M..r:orr.mlSslOn.:xprres - person(s) Bcted, exi!cuted :the instrument,
~ . ,.." 'FEJóUARY 12.1B9S{
WITNESS my hand and official seal.
)~~AT£:'~
OPTION~L
Though 1he data below is not required bylaw. it may prove valuable 10 -pe= relying Dn:the document :and could prevent
imudulent reattachment of thistonTl.
I:APAtITYtLAIMED J!Y 'SIGNER DESCRIPTIDNDF ATIACHED DDCUMENT
.D INDIVIDUAL
.D .cDRPDRA1E D1'FICER
TITLE ORTVPE OFDDCUMENT
TTTlEIS)
0 :PAFITNEfI(S) D lJMITED
0 GENERAl
0 ATIDRNEY-1N-rACT :NUMBER DF:PAGES
DTRU::i¡=(S)
.0 GUARDIANICDNSERVATDR
.0 DTHSR:
DA1E DFDDCUMENT
SIGNER !IS :REPRESENTING:
'NAME OFf'ERSON!S) OR ENTTTYIIESJ
BoswelJ PrDper:fiesl 'Inc. 'SIGNER(S) OTHER THANlIIAMED .1IBDVE
The'T:ulaao :Company
'C1993 NATtONAl NOTARY ASSOCIATION-B236"'mmel Ave.. P,O.:Box7184- Ca-- hrt<.J::AS1S09-7184
?7
<:,~ A ~~l 1:., E.¡
0
,,~ <1
~ ~
}
Sï,cÙ= OF ~ALlFDRNIAJ<. ~ . ~ }ss.
COUNTY Dr" ~ )....;.Uì 2 (I }
On ;¿ - ~ 7-9(., , before me, 0- [;)~
personally appeared U
,personally known to me
(or proved 10 me on the basis oisatisfac:tory -evidence) 10 be the person (s) whose name( s) is/are
subscribed101he withininstrumem and acknowledged to me that he/she/they executed1he sam
in his/her/their authorized capacity(ies) , and1hatby his/herltheir signature(s) onihe instrumemthe
person(s) Dr 1he emity upon behalf of which 1heperson(s) acted,executed the instrument.
WIïN:::SS my hand and official seal. ) 0" ",;;,,;,;;;';;' . . t
Sig_" '-)1ð . '2J' úJd4 :;::,.. COMM.~'D2'917 ~
:0 . """""V"",,"-I(',CAllF'O"On'-!
~Ih ,-: '-~:'3':;;V-... ""
)--'~ -------~vv-r
[fhls area 10' ofj«"", no,""al seall
Title of Documem
Date of DDcumem No. of PilQes
Other signatur-es net Bcknowledged
66 "3006 (1194) (Gfoneral)
FIrS1 American"Trtle 'ns"",nce Company
""""
EXHIBIT nA"
Property Description
:PARCEL :I. 01" :PARCEL ~ RO. :1.7£44" IN EECITY Dl"CHULA VISTA,
~ '01" SAN DIEGO" STA'n:Ol" C1;I;IFDRNIA, ACCD1IDING ~O :MA"P 'TBERE01"
DIæ:D IN EE 'O:FY.ICE 01" "THE COUNTY :RECORDER '01" SAJ;J :DIEGO Com."'TY
~ 2£, :1.996 AS ~ RO. :!.99£-DO4:1.3J.B 01" ,On:Ian. :RECORDS.
:to II\øIItIEJ,¡¡23.-
:1£
61
State of California 1 2246
CoUTTty of San Diego )
On 3)-r4c. before me, Beverlv A. AuThele1. CÍTY Clerk
/ J
personallvappeared r:::;~;r /"6 I/.,,:;r-lon
~¡>eT5onally , mown "to me - :OR - proved "to me ;on ~ basis !Of satisfactory -£!vidence"tD
'beme :peŒon!s) whDseTIame(s) ,is/are subscribed "to
"the within ;¡nstr.umertt and acknowledged "to me "that
'he/shelthey executed "the same inhis/herltheir
authorized 1:apaci!y(ies), ;and "tha! :by tiis/herltheir
f~ signatUre!s) Dn~ .instrument:the :person(s) , Dr "the
~t@ø 'entity 'upon :behalfDf which "the :person(s) acted,
executed !heínStTument.
'WITNESS my :hãnd and Dfficialseal.
~~ °JZ~,f!í
OPTIONAL
Though"the data below is not reQuired by law. it may :prove .valuable 1:0 :persons -relyinpon "the nocument 2r
,could :prevem -traudulem reattachmem of cthis iDem.
"CAPAriTYCLAIMED BV SIGNER DESCRIPTION OF ATIACHEDDOCUMENT
D Individual
-;R CorpolGte Officer
1/hffrU-/
õrtlelsl
D P.a=ers(s) D :JJmiterl /¿
D ;General JIIIumber'Df ;f'1!yes
D Â"ttOmey-ñH'act
D TrostBe(s) ~#~'
D 'GuardianlConsermor
D .Other. Dfne nt Documem
~IGNER 15 REP.RESENTING:
'~ru; :;n(þJlYlj L }?, 5ipner(s) DIher Than 'Named Above
()
1'rJ
MEMO1<J..NDü~
A ITA CHMENT 8 !-é===h 20, :9;3
:i2.e: :'=::'O-80-ELG.:.::?
[725-l0-AD9.f-0J.
=~: ?.Dl'ŒE ROBLE, ACCOITh1'21.ù\T
1
V-.:1:.: Þ.LEX. .AL. AGEA, ,5=:Nl DR '--'- V.1..L ENG::E:E?. ~
~..:.¡--
?R:J¥..: =z.:N"'K :¡:;'v"'E?z. r~JVTL ENC::J?ER
. --- ~ --, -- - ~ - ~,
5ü3,JECT: ]'..35ESSMEr-.'T lJISTPJCT Sf-Ol BUY :JJWN REQDIP3:J ?OR~""~
":':<~2;.~"'::. T::';::].":~' (A..!'_1\'. £43-032-DlOO).
'1"::'::'s 1Iem::> 2s 'ë:O iTIio= you tha:: en assesSìI=-!!-: dis"t-,--,-== BUY DOWN is
::-e;e..:::i.=ed ::o=- "d:le Eas-"...Lake Gre=ns TIm:: -- subdi,"" "io:ë:t due -.:::> a
::-edu=::ioTI ~~ density. On Augus:: £, 2.9S6, ::.be City Co:.:::!cil appr::>ved
Re.s=2u::io~ :1.6378 & 2537S which re=ornrn~ed o=-:5.eri:ë:tg changes =:5.
;;::::::.:::i ::=.::i:::TIS in P=-::>c:o:odings en::'i asse.ssmen:¡:s - Þ.ss:ossmen::
Dis::::-ic::s :#.?2-0J. & Sf-OJ. (a::ta::.ned). ':'here we=-e no changes
=-:o:;n:ire:5. -;.,., ]:.ssessmem: Distric:: :;?9D-03.
=he numbe=- 0:: tœ.its v-'Ì "d:lin "d:le subdivision is l::>wer by 27.2
eq-..::ival;:n:: dwe.lling =i:::s.. Sb:=y (60) eq-'"valent dwelling =its
(:=::JD's) -a=e p=oposed versus 'Che B7,2 edu's (one .nund=ed and niTIe
(:'[1.9) con:i:m:d.mums) ini.::ially "~tended. '1'.ne.re:Eo=e, ::.ne debt ;>e=
=-=-:: is ~g.ne= t.nan was anticipa::ed, En::':. the assessment ;>er
:iwelli:ë:tg -. mus:: be r-educed ::1::rough - 3:TY DOWN -- ::he debt i¡¡
.k,:!. #94-02 in the amount oÍ 27.2 edu's.
T'lle following is the remaining P=incipal for each of the three
2.5Sassm;:nt dis:tricts~-"t.er the April lO, lE98 property tax is paid:
A.D. #.90-03 .$ 84, 549.77
A.D- =í=..9l-Dl .$ £5,670-46
A.D. :!'Q4-0} .5 92.300.17
A.D. T:JTÞ..L ';;242,520.40 tfDr 27.2 e:iu' s)
'1'he .EastLake BUY DOWN am::>unt required to ::all bonds for September
2, 2.998 is ::be 27.2 -edu difference betwee!l 87.2 and £0 equivalent
dwelling =.cits. One egui valent dwelling uni.t is .$8, .9l6_J.9 times
27.2 equi"VClent dwelling Lmiteguals .$242,520.40 BUY DOWN .required.
1/
J... - :J.. S~-D: 3TTf DOW}, ~G-l6 Ma:::-ch 2D, :'338
: w::>:.:.:= ::..!:= -::.::; :::-,=,ce=- v= -:.he ~:a=-- payne::;.:: am::>:.Lí~ w-"'" c~ iDclu:5.es =.y
:'::;::=='='5-:', a::m.:.nis-::::-a::i::>D fees a:J.= ::-es=rve ==d cal::-":':'a:.ion5 s::; -:.~::
'::'::>!lds can Y- call,=,d =::>:::- 5=p::enD=>"-::- 2998-
:::-c a TIl,=,=::ing .h=1d =>D :F=bDlè-ry 2~, :l99B with William Ostrem, OF
2s-~ake D=v=lopment :::mpany, .he lIP-Dt2.on,=,d that .h= =e1t it wocld be
app:::-op::-ia::"= ::0 =DTIÒ.iIle the asS=SSID=Dt ::i.st:!"ict 5.~:: on ëI!lo:.h=r
p=-==l, .L?N. 643-270-0200, 3as-:}.,a)œ G::-::=-= -Om:: 20 ëI!ld only pay
=c::- ::he =-===='='Dce :.:::. EDU's- ~.l~ þ.J.-AgL=. aDd I ==s;>::>nd=d that we
:::..= ::J.o:: :::>e::..eve ::ha:: :..:: was app:::-:>?::-ia-c= -:.::; c::>mbine -:.he two p=-cels
== pay -::.he =-==e::-=:1c= in :5.=nsi::y- JV1.:::-. )s::==m will.::,e CoD-cacting
Y~l Y.a=-=, 30Dd Co==l, to p::-=>"I¡-id,=, liS 1,.-itb a wri::t~ reply. I
:::>eli=v= ::=:: :o.oDet.h=l~ss lll~.;mat-=ly tæ City Council will be
:::-e::;!ll2.:::-eo. ::::> tak= a=ion on "tiis .item a-c the Co=cil meetiDg ::'0
approve -::'l:1e ~'inal Y.iap. This Council meeting is anticipated to .::,e
s::hedcle:5. -=-= Þ..p::-il 29.3 8 -
=.:.eas,=, 1=-:. me }:DOW ~ 1'::>u have ~y qu=S::iODS by calliDg me a:' f92-
---.. -
.F..t-:.achmeIl-:'s
~-- Cli== .swanson, D=:;:J1lty Public works D"-=ctor/City EngiD=e:::-
Robe=-. 3eamon, Engine=:::-ing 'I-=cbnicia::! II
3etb Glopp, Ci Yil Enginee:::-
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A 'IT A CHMENT 9
THE crIY OF é:H1.Ju.. VISTA DlSC..OSURE STA"ŒMÐIT
rou are required tolile a SUllcmcnl of Disclosurc of =n.ain ","",crship or financial inler:slS, p:aymenlS, or Clmpaign
..,ntribuliDIIS. DD all mallctSWbichwili require disactiDnary acHolI DD tbe,pan DHbe City Council. Planning Commission, and
aU other Dffidal bodies.. ~ fallowing infaJ1llation must be disclosed:
1. U<t tœ Dam", of..n J'CISDhs .haviD!:a "financial in= in DIe l'r,!pcny wbich istbe subjcel of the application Dr the
< CDDtJ:aCt, e.¡:.. mmct'. applidlJlt. CDDttaClDr,SlIbcunltactnr, material supplier.
TIlE EASTLAlΠClJHPAlVV TJ-C
a I.:im:J..~ed L:1a1>:iJ.:l.t:y Company
I"
"
2. If any pe¡mn-idcn1ifaedpursu:ant m (1) above is1lCDIpOt'8tÌClJt Dr:pan=zsltip, list 1he 1WII"" aC all iDdividuals owning
"Ìnare 1h1ll! JUS 'Df 1be Ü2rcs in the UlrparatiDn or ØIIII1ÌDJ: 1UI)' paru=sltip interest jntlte panncshìp.
n/a
3. II any persall- idenllfied pun;uanr 10 (1) above is DDD-profit Drganizaliøn Dr a trust. list the: Dam"" of any pelSaIJ
serving ~ dire.::tDr nf the lIDo-profit arganizaùon Dr 115 lrustee Dr beø::fiàary or lroslDr of tlte lrusL
n/a
4. Haw: you nad ,mare than S25D wanh of businlSS tnlllsacted wilh any member Df theCiI)' slBlf, Boards, Commissions,
CDmmiIices, aDd Council within 1he past 1WCIve maDlbs? Y""- No..zz: If yes,please indicate person(s):-
.
5. Please :identifY tad> 'and DOCry pcn;tJtI, ittdudÌDJ: any -pts, cmplø.Y=. UlUSUltanlS, 'or ÌDdependenl œn IJ:aCtDI:s WbD
you b<e a:s:signcd UI :rcpnsenl,you befaFC the City in this malter.
.Bruce 51""",. The E8!I1:I.alte Cmrma':'v ,
6, :Haw:.YØ1I and/or your OIfiCClS or agents, ÌD tlte '.g:regate. UltUributedmDFC than Sl..IIXJ to . CouDàlmember in tbe
-att1Cllt or pn:a:diøJ: dCCÛDD :period? Ycs-,-. Nog.. Ie}lS. SUIre WIIiehCoUm:ilmember($);
.Dal~ _..~--:--~ V---
, SipUlIure Dr mall1lc1Dr/BpplicUII
," 2...7' 1'rilltDrtype1lUlC.ofGJll'l~etarlappIÍCIllt, ',"
"~4r~"",~~ M,......... ""jaior- , : -*,,"' i8RooI~CIIII II8IIIIœ.__.........~
' .. - -', -~---~-'-~~---------................."'....Jt"
ATTACHMENT 10
EXCERPTS FROM
MINUTES OF .A REGULAR MEETING OF THE CITY COUNCIL
OF "THE CITY OF CHULA VISTA
Tuesday, February ~o, ~998 Council Chambers
6:32 p.m. Public services Building
~5. PUBLIC HEARING
PCS-.98-02 - CONSIDERA'I'ION OF A == SUBDIVISION MAP XNOWNAS EASTIJIKE
GREENS = ),6, TRAc:r .98-02, ::mvoLVJ:NG 60 S:I:HGLE :FAMILY JI1'ID 3 OPEN SPACE
LOTS ON ),0. 8.9 ACRJ!:S LOCATED ON TEE l'IORTH SIDE OF .sOUTH GREENSVJ:EW DRIVE
BETWIŒN SILVERADO DRIVE JI1'ID mJN'l'E PA1IKWAY - The applicant has submitted a
tentative subdivision map known as EastLake South Greens unit~6, Tract
.98-02, in order to subdivide ~0.89 acres into 60 single family and 3.open
space lots. The project site is located on the north side of South
Greensview Drive, between Runte Parkway and Silverado. Drive. Per staff's
recommendation, the resolution was approved 5-0. (Director of Planning)
(02/~O/98)
RESOLUTION '1BBB7 APPROVING JI1'ID IMPOSING CONDITIONS ON TEE TENTATIVE
SUBDIVISION MAP P'ORKASTIJIKE .sOUTH GREENS"1JN:I'l' 16, TRAc:r .9B-02
This being the time and place as advertised, the public hearing was
opened. There being no one indicating a desire to address the Council,
the public hearing was closed.
RESOL"DTION IBBB7 OFFERED BY COUNc::IL!IE!ŒER RDmONE, heading read, text
waived, passed and approved unaniJDously 5-0.
~6- PUBLIC >mARJ:NG
PCS-.9B-03 - CONSIDERATION OF A ~AT:IV.E SII1I!)J:VJ:SION MAP :KNOWN AS SOUTH
GREENSVJ:EW "1JN:I'l' 10, TRACT :9B-03. INVOLVING 231 SINGLE FAKILY JI1'ID 5 OPEN
SPACE LOTS ON 34.2B ACRES LOCATED ON ~ SOu:œ SIDE OF SOUTH GREENSV:IEW
DRIVE lIEST OF mJN'l'E P.A1UtWA"Y - The applicant .has :submitted a tentative
:subdivision map known as EastLake South Greens unit 10, Tract .9B-03, in
order to subdivide 34.2B acres into two separate neighborhoods containing
a total of 23~ single family lots and 5 open space lots. Per staff's
recommendation, the resolution was approved 5-0. (Director of Planning)
(02/~O/9B)
RESOL"DTION '1BBBB APPROVING = D!POSING CONDITIONS OF TEE :rEN'l'ATIVE
SUBDIVISION MAP P'OR EASTIJIKE .SOUTH GREENS, TRAc:r :9B-03
This being the time and placed as advertised, the public hearing was
opened. There being no one indicating a desire to address the Council,
the public hearing was closed.
1ŒSOLUTION ll!BBB OFFEIŒD BY COUNc::IL!IE!ŒER RDmONE, heading read, text
waived, passed and approved unanimously 5-0.
qg
COUNCIL AGENDA STATEMENT
Item 11/
Meeting Date 5/26/98
ITEM TITLE:
A) Resolution J9¿JJ/ Approving Final Map of Chula Vista
Tract No. 98-03, Eastlake South Greens, Unit 10, Accepting on
Behalf of the City of Chula Vista Public Easements Granted on Said
Map within Said Subdivision, and Approving the Subdivision
Improvement Agreement for the Completion of Improvements
Required by Said Subdivision and Authorizing the Mayor to
Execute Said Agreement
B) Resolution J9ðJJ,2, Approving Supplemental Subdivision
Improvement Agreement for Chula Vista Tract 98-03, Eastlake
South Greens, Unit 10, Requiring Developer to Comply with Certain
Unfulfilled Conditions of Resolution No. 15200 and Resolution No.
18888 and Authorizing the Mayor to Execute Said Agreement
SUBMITTED BY: Directm of Publk w"'~ M
REVIEWED BY: City ManagerW ~ --? (4/5ths Vote: Yes_NoX)
On July 18, 1989, by Resolution 15200, the City Council approved the Tentative Subdivision Map
for Chula Vista Tract 88-3, Eastlake South Greens. On February 10, 1998, by Resolution 18888,
(Attachment 1) City Council approved the Tentative Subdivision Map for Chula Vista Tract 98-03
for Eastlake South Greens, Unit 10. The two resolutions contain conditions of approval applicable
to Eastlake South Greens, Unit 10. The final map for Eastlake South Greens, Unit 10 is now
before Council for approval.
Attachment 2 is a plat showing location and layout of Chula Vista Tract 98-03, Eastlake South
Greens Unit 10. The Final Map, Subdivision Improvement Agreement (see Attachment 3), and
Supplemental Subdivision Improvement Agreement (see Attachment 4) for Unit 10 are now before
Council for consideration and approval.
RECOMMENDATION: That Council adopt the resolutions approving: (A) the Final Map, and
Subdivision Improvement Agreement, and (B) the Supplemental Subdivision Improvement
Agreement.
BOARDS/COMMISSIONS RECOMMENDATION: None.
IJ/-/
Page 2, ItemÆ-
Meeting Date...sL26L28...
DISCUSSION:
The project is generally located on the south side of South Greensview Drive between Silverado
Drive and Hunte Parkway and consists of 231 single family residential lots and 5 open space lots
on 34.28 acres.
The final map for said subdivision has been reviewed by the Department of Public Works and
found to be in substantial conformance with the approved Tentative Map. Approval of the map
constitutes acceptance by the City of all sewer, drainage, and access easements within the
subdivision.
At this time, the City is rejecting the dedication of Lots A, B, C, D and E for open space and
other utility purposes. However, under Section 7050 of the Government Code of the State of
California, these offers of dedication remain open and subject to future acceptance by the City.
These five open space lots will be maintained by the Eastlake Homeowners' Association (HOA).
Condition No.3 of Resolution No. 15200 (Attachment 5) requires construction or a guarantee for
construction of East Orange Avenue (Olympic Parkway) from Hunte Parkway to the westerly
subdivision boundary, Hunte Parkway from South Greensview to East Orange Avenue (Olympic
Parkway), and East Palomar Street from SR-125 to Eastlake Parkway with the development of
Phase 3 of Eastlake Greens. Eastlake South Greens, Unit 23 was the last subdivision in Phase
3, as revised by the Amended Tentative Map 88-03A, to which the requirements for
improvements should have been satisfied prior to approval of the map. If improvements were not
constructed or guaranteed, an alternate construction phasing plan was required to be approved
by the City Engineer as authorized by Condition No.2 of the tentative map. At the time of final
map consideration for Eastlake South Greens Unit 23, staff reviewed an alternate phasing schedule
proposed by Eastlake Development Company (Eastlake) for construction of said improvements
and recommended approving deferral of construction. In addition, a provision was included in
the Supplemental Subdivision Improvement Agreement (SSIA) for Eastlake Greens Unit 12
(Attachment 6) approved earlier, specifying the terms for the deferral of construction and
submittal of improvement guarantee. A similar provision was included in the SSIA for Eastlake
South Greens, Unit 23 (Attachment 7).
In satisfaction of Condition 3 above, Developer 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 of Chula Vista, in the
sum of $2,518,000, which security shall guarantee the faithful performance, labor and material
in connection with the installation of the street improvements for Olympic Parkway from Hunte
Parkway to the westerly subdivision boundary.
The developer has executed a Supplemental Subdivision Improvement Agreement in order to
satisfy the following conditions of Resolution No. 18888, approving the Tentative Subdivision
Map for Chula Vista Tract 98-03, Eastlake South Greens Unit 10:
/J/- -0\
Page 3, Item~
Meeting Date~
1. Unfulfilled Conditions (Attachment 1, Resolution 18888, Section V, General Condition
No. C):
Unless otherwise conditioned, developer shall comply with all unfulfilled conditions of
approval of the Eastiake Greens Master Tentative Map, Chula Vista Tract 88-03,
established by Resolution No. 15200 approved by Council on July 18, 1989 and Amended
by Resolution 17618 on August 1994, and shall remain in compliance with and implement
the terms, conditions and provisions of the Eastiake Greens Sectional Planning Area (SPA)
plan, General Development Plan, Planned Community District Regulations, Water
Conservation Plan, Air Quality Improvement Plan, Residential Design Guidelines and
Public Facilities Financing Plan as amended and as are applicable to the property which
is the subject matter of this tentative map, prior to approval of the Final Map or shall have
entered into an agreement with the City, providing the City with such security (including
recordation of covenants running with the land) and implementation procedures, as the
City may require, assuring that after approval of the Final Map, the developer shall
continue to comply with, remain in compliance with, and implement such plans.
2. Installation of Public Facilities ( Attachment 1, Resolution 18888, Condition No.2):
The Developer is required to install public facilities in accordance with the Eastiake South
Greens, 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 Director may, at their discretion, modify the sequence of improvement
construction should conditions change to warrant such a revision.
3. Streets, ROW, Public Improvements (Attachment I, Resolution 18888, Condition No.
3b through 3t):
The Developer is required to:
A. Construct the full street improvements for Olympic Parkway from Hunte Parkway
to the westerly subdivision boundary or pay, if so requested by the City at its sole
discretion, Developer's proportionate share of the cost of said roadway
improvement.
B. Provide the City with security, in a form acceptable to the City, to guarantee the
full street improvements for Olympic Parkway from Hunte Parkway to the
Westerly subdivision boundary and Hunte Parkway from South Greensview to
Olympic Parkway.
C. Grant an irrevocable offer(s) of dedication for all right of way and temporary
construction easements necessary to construct the Olympic Parkway and Hunte
Parkway segments.
/1/-3
Page 4, Item~
Meeting Date~
D. Obtain, prior to approval of any final map, all off-site right-of-way necessary for
the installation of the required improvements for this subdivision thereto, including
the Olympic Parkway and Hunte Parkway segments. The Developer shall also
provide easements for all on-site and off-site public right-of-way facilities,
necessary to provide service to the subject subdivision.
E. Notify the City at least 60 days prior to consideration of any [mal map by City, if
off-site right-of-way cannot be obtained as required herein. After said notification
and prior to approval of any final map, the Developer shall:
1. Pay the full cost of acquiring off-site right-of-way or easements required
herein.
2. Deposit with the City the estimated cost of acquiring said right-of-way or
easements. Said estimate to be approved by the City Engineer.
3. Have all easements and/or right-of-way documents and plats prepared, and
appraisals completed which are necessary to commence condemnation
proceedings as determined by the City Attorney.
4. Request that the City use its powers of Eminent Domain to acquire right-of-
way easements or licenses needed for off-site improvements or work related
to the final map. The Developer shall pay all costs, both direct and
indirect, incurred in said acquisition.
4. Street Light Locations (Attachment 1, Resolution 18888, Condition No.6):
The Developer is required to remove and relocate two (2) street lights to provide
illumination at the two new intersections proposed. Final street light locations shall be
approved by the City Engineer.
5. Withholding of Building Permits (Attachment 1, Resolution 18888, Condition No. 26):
The Developer is required to agree that the City may withhold building permits for the
subject subdivision if anyone of the following occur:
a. Regional development threshold limits set by the East Chula Vista Transportation
Phasing Plan have been reached.
b. Traffic volumes, levels of service, public utilities and/or services exceed the
adopted City threshold standards in the then effective Growth Management
Ordinance.
c. The required public facilities, as identified in the PFFP or as amended or otherwise
conditioned have not been completed or 7structed to satisfaction of the City.
/¥-
Page 5, Item~
Meeting Date~
The developer may propose changes in the timing and sequencing of development
and the construction of improvements affected. In such case, the PFFP may be
amended as approved by the City Planning Director and Public Works Director.
6. Defend, indemnify and Hold Harmless (Attachment 1, Resolution 18888, Condition
No. 27)
The Developer is required to agree 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 subdivider of any claim,
action or proceeding and on the further condition that the City fully cooperates in the
defense.
7. Erosion Hold Harmless (Attachment 1, Resolution 18888, Condition No. 28)
The Developer is required to agree to hold the City harmless from any liability for
erosion, siltation or increase flow of drainage resulting from this project.
8. Franchised Cable Companies (Attachment 1, Resolution 18888, Condition No. 29)
The Developer is required to agree 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 and to restrict access to the conduit to
OIÙY those franchised cable television companies who are, and remain in compliance with,
all of the terms and conditions of the franchise and which are in further compliance with
all other 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.
9. Acquisition/Financing Agreement (Attachment 1, Resolution 18888, Condition No.
39)
The Developer is required to comply with the terms and conditions of the
Acquisition/Financing Agreement for Assessment District 94-1, CO 94-064, approved by
Council Resolution 17483 as said terms and conditions may be applicable to this
development.
10. Declaration of Covenants, Conditions and Restrictions (Attachment 1, Resolution
18888, Condition No.42);
The Declaration of Covenants, Conditions and Restrictions shall include provisions
assuring maintenance of all applicable open space areas, streets, driveways and drainage
/Jj-'~
Page 6, Item~
Meeting Date...sa6L28...
systems which are private. The City of Chula Vista shall be named party to said
Declaration authorizing the City to enforce the tenns and conditions of the Declaration in
the same manner as any owner within the subdivision.
Include in the CC&R's a set of design and construction guidelines for allowable accessory
structures outlining setbacks (sides and rear), maximum permitted private patio area cover
area, permitted height etc.
11. Walls in Open Spaces (Attaclunent 1, Resolution 18888, Condition No. 45):
The Developer is required to provide for the following:
For walls which are located within the open space maintenance district, owners of
adjoining lots shall sign a statement when purchasing their homes that they are aware that
the wall is on Open Space property 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&Rs for each lot.
12. Irrigation Plans (Attaclunent 1, Resolution 18888, Condition No. 47):
The Developer is required to submit detailed irrigation plans and water management
guidelines for all open space landscaping in accordance with the Chula Vista Landscape
Manual. The plans are subject to approval by the Director of Planning and the Director
of Parks and Recreation Department.
13. Electronic File Submittals (Attaclunent 1, Resolution 18888, Condition No. 58):
The Developer is required to submit copies of Final Maps in a digital fonnat such as
(DXF) graphic file prior to approval of each Final Map. Provide Computer Aided Design
(CAD) copy of the Final Map based on accurate coordinate geometry calculations and
submit the infonnation in accordance with the City Guidelines for Digital Submittal in
duplicate on 5-1/4" HD or 3-1/2" disks. Submit as-built improvement and grading plans
in digital format. Provide security to guarantee the ultimate submittal of improvements
and grading digital files. Update electronic files after any construction pen and ink changes
to the grading or improvement plans and resubmit to the City.
14. Exterior Fencing (Attaclunent 1, Resolution 18888, Condition No. 61):
Prior to approval of the final map and issuance of grading pennits, provide a
comprehensive fencing/ retaining wall program incorporating the following fencing
standards:
a. Where privacy fences are installed directly over, or immediately adjacent to
retaining walls, the overall wall/ fence height shall not exceed 8 ft. Where higher
Ii/-/¡>
0 Thp Tron.nnrtot",n on" "',nil" Ho,,"It,... IIPvp'nnmpnr Imn"" Hpp.
Page 7, Item~
Meeting Date~
retaining wall/ fence conditions occurs, a four foot landscape transition strip
between the wall and the fence shall be provided.
b. Retaining walls along interior and exterior property lines shall not exceed 4 ft in
height.
c. Fences, retaining walls or a combination of both located within the required front
setback area shall be limited to forty two inches in height (42").
d. Provide a design and install 5 ft. high decorative fences along the exterior side
yard of all corner lots.
15. Chula Vista Municipal Code (Attachment 1, Resolution 18888, Condition No. 64):
The Developer is required to comply with all applicable sections of the Chula Vista
Municipal Code; Developer further agrees to prepare its Final Map and all plans in
accordance with the Subdivision Map Act and City's Subdivision Ordinance and
Subdivision Manual.
16. Payment of Applicable Fees (Attachment 1, Resolution 18888, Condition 66)
The Developer is required to pay all applicable fees in accordance with the City Code and
Council Policy, including, but not limited to, the following:
a. The Transportation and Public Facilities Development Impact Fees.
b. Signal Participation Fees.
c. All applicable sewer fees, including but not limited to sewer connection fees.
d. SR-125 impact fee.
e. Telegraph Canyon Pump Sewer Fee.
17. Federal, State and Local Compliance (Attachment 1, Resolution 18888, Condition 67)
The Developer is required 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 demonstration said compliance as
required by the City Engineer.
18. Fire Department Requirements
The Developer is required to install fIre hydrants and ensure they are operable prior to
delivery of any combustible construction materials.
/+"7
Page 8, Item~
Meeting Date~
19. Noise Level Requirements
The Developer is required to design and construct all dwelling units to preclude interior
noise levels over 45 dBA and shield all exterior private open space to limit noise exposure
to 65 dBA.
Please note that the Developer's Disclosure Statement, and the February 10, 1998 City Council
Minutes pertaining to approval of the Tentative Subdivision Map are included as Attaclunents 8
and 9, respectively.
The developer has also executed a Subdivision Improvement Agreement and has provided bonds
to guarantee construction of the required public improvements and the subdivision monumentation
and benclunarks.
FISCAL IMPACT: All staff costs associated with processing of improvement plans and final
map will be reimbursed from developer deposits.
Attaclunents: t~~
Attachment I: Chula Vista Tract 98-D2, Resolution 18888
Attachment 2: Location Map/Subdivision Plat for Unit 10
Attachment 3: Subdivision Improvement Agreement for Unit 10
Attachment 4: Supplemental Subdivision Improvement Agreement for Unit 10 N~
Attachment 5: Chula Vista Tract 88-03, Tentative Subdivision Map Resolution 15200 Attachment 6: Supplemental Subdivision Improvement Agreement for Unit 12 Resolution 18211 ~
Attachment 7: Supplemental Subdivision Improvement Agreement for Unit 23 Resolution 18225
Attachment 8: Developer's Disclosure Statement
Attachment 9: Minutes of 2/10/97 Regarding Resolution No. 18570
H: IH OMEIEN GINEER ILAND D EVICAS 10. D EK May 20, 1998 (3:53pm)
/J/-fl
RESOLUTION NO. ~77~~~
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING FINAL MAP OF CHULA VISTA
TRACT NO. 98-03, EASTLAKE SOUTH GREENS, UNIT
10, ACCEPTING ON BEHALF OF THE PUBLIC THE
PUBLIC STREETS DEDICATED ON SAID MAP,
REJECTING ON BEHALF OF THE CITY OF CHULA VISTA
THE OPEN SPACE LOTS GRANTED ON SAID MAP,
ACCEPTING THE EASEMENTS GRANTED ON SAID MAP
WITHIN SAID SUBDIVISION, AND APPROVING THE
SUBDIVISION IMPROVEMENT AGREEMENT FOR THE
COMPLETION OF IMPROVEMENTS REQUIRED BY SAID
SUBDIVISION AND AUTHORIZING THE MAYOR TO
EXECUTE SAID AGREEMENT
The city Council of the city of Chula vista does hereby
resolve as follows:
NOW, THEREFORE, BE IT RESOLVED that the city Council of
the city of Chula vista hereby finds that that certain map survey
entitled CHULA VISTA TRACT 98-03, EASTLAKE SOUTH GREENS UNIT 10,
and more particularly described as follows:
Being a subdivision of Parcel 2 of Parcel Map 17644, in
the City of Chu1a vista, County of San Diego, State of
California filed in the office of the county Recorder of
San Diego County, January 26, 1996.
Area: 34.280 acres No. of Lots: 236
Numbered Lots: 231 Lettered Lots: 5
is made in the manner and form prescribed by law and conforms to
the surrounding surveys; and that said map and subdivision of land
shown thereon is hereby approved and accepted upon receipt by the
city of Chula vista of all improvement securities described in the
Subdivision Improvement Agreement.
BE IT FURTHER RESOLVED that said Council hereby accepts
on behalf of the public the public streets, to-wit: Poppy Hills
Drive, Feather River Road, Peacock Valley Road, Feather River
Place, Ashford Castle Drive, Grand Forks Road, Fountain Grove
Place, sawgrass Place, and said streets are hereby declared to be
public streets and dedicated to the public use.
BE IT FURTHER RESOLVED that a deed granting an
irrevocable offer of fee interest in Lots A, B, C, D and E is
hereby presently rejected, but the Council reserves the right,
pursuant to section 7050 of the California Government Code, to
accept said irrevocable offer at some future time.
/1//7-/
BE IT FURTHER RESOLVED that said Council hereby accepts
on behalf of the city of Chula vista the easements with the right
of ingress and egress for street tree planting and maintenance of
sewer, water, landscaping and drainage facilities and the 10 foot
general utility easement, all as granted and shown on said map
within said subdivision.
BE IT FURTHER RESOLVED that the City Clerk of the city of
Chula vista be, and is hereby authorized and directed to endorse
upon said map the action of said council; that said Council has
approved said subdivision map, and that said public streets are
accepted on behalf of the public as heretofore stated and that
those certain easements with the right of ingress and egress for
the construction and maintenance of street tree planting, the
construction and maintenance of sewer, water, landscaping and
drainage facilities and the 10 foot general utility easement, as
granted thereon and shown on said map within said subdivision is
accepted on behalf of the city of Chula vista as hereinabove
stated.
BE IT FURTHER RESOLVED that the city Clerk be, and is
hereby directed to transmit said map to the Clerk of the Board of
Supervisors of the county of San Diego only upon the acceptance by
the City of Chula vista and its City Attorney of the improvement
securities described in the Subdivision Improvement Agreement.
BE IT FURTHER RESOLVED that that certain Subdivision
Improvement Agreement dated the ----- day of , 1998, for
the completion of improvements in said subdivision, a copy of which
is attached hereto and by reference made a part hereof, the same as
though fully set forth herein be, and the same is hereby approved.
BE IT FURTHER RESOLVED that the Mayor of the City of
Chula vista be, and is hereby authorized and directed to execute
said agreement for and on behalf of the city of Chula vista.
Presented by Approved as to form by
l/}\~ /
John P. Lippitt, Director of ~JÓhn M. Kaheny, cityY
Public Works Attorney
~q5"'O8()
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;'1/1 ".2
RESOLUTION NO. /9tJ/~
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING SUPPLEMENTAL SUBDIVISION
IMPROVEMENT AGREEMENT FOR CHULA VISTA TRACT
98-03, EASTLAKE SOUTH GREENS, UNIT 10
REQUIRING DEVELOPER TO COMPLY WITH CERTAIN
UNFULFILLED CONDITIONS OF RESOLUTIONS NO.
15200 AND 18888 AND AUTHORIZING THE MAYOR TO
EXECUTE SAME
WHEREAS, the developer for Eastlake South Greens unit 10
has executed a Supplemental Subdivision Improvement Agreement
(SSIA) in order to satisfy Conditions section V, Condition C, 1, 2,
3b through 3f, 6, 26, 27, 28, 30, 31, 39, 42, 45, 47, 58, 61, 64
and 67 of Resolution 18888 and Condition No. 3 of Resolution 15200
approving the Tentative Map for EastLake South Greens, unit 10.
NOW, THEREFORE, BE IT RESOLVED the City council of the
city of Chula vista does hereby approve the Supplemental
Subdivision Improvement Agreement for Eastlake South Greens unit 10
requiring developer to comply with certain unfulfilled conditions
of Resolutions 15200 and 18888, a copy of which is on file on the
office of the City Clerk as Document No._~ () qfl- 08/
BE IT FURTHER RESOLVED that the Mayor of the City of
Chula vista is hereby authorized and directed to execute said
Agreement for and on behalf of the city of Chula vista.
Presented by Approved as to form by
tlKj~ /
John P. Lippitt, Director of ~J~hn M. Kaheny, c~ty
Public Works Attorney
c: IRSIELSG10.fM
jJjß- )
A TI' A CHMENI' 1 /JLj
- RESOLUTION NO. ì 8888
A RESOLUTION OF ïHE C¡ïY COUNCIL OF ïHE ClïY OF CHULA
VISïA APPROVING AND IMPOSING CONDlïlONS OF THE
TENï A ïlVE SUBDIVISION MAP F:OR EASïLAKE SOUïH
GREENS, CHULA VISïA ïRACï NO 98-03
1. R:::Clï ALS
1-.. Project Site
WHEREAS, the area of land whi:::h is me subje:::t matter of 1:his resolution is
diagrammati:::ally represented in Exhibit A atta:::hed hereto lInd in:::orporated
herein by this referen:::e, is .c:ommonly known as Eastlake South Greens Unit 10
jentative Subdivision Map, Chula Vista TTa:::t 98-03; and ior:purpose of Beneral
des:::ription herein :::onsists of 34.28 acres lo:::ated on the south side of South
Greensview Drive west of Hunte Parkway within the Eastlake Greens Planned
Community and PC zone Distri:::t ("Proje:::t site").
:;. Proje:::t; Appli:::ation for Dis:::retionary Approval
~. WHEREAS, on November 5, 1997 The Eastlake Company ("Developer") filed
a tentative subdivision map appli:::ation with 1:he Planning Department of the
City of Chuta Vista and requested approval of the Tentative Subdivision Map
known as Eastlake South Greens Unit 10, Chuta Vista ïra:::t .B8-03 in order to
subdivide the 1'roje:::t site into 231 single iamily residential lots and 5 open
spa:::e lots ("Project"); and
C. Prior Dis:::retionary Approvals
WHEREAS, the development of the Project Site has been the subject matter of:
1) a General Development Plan, EastLake II (EastLake 1 Expansion) previously
approved by City Council Resolution No. 1"51.B8 ("'GD1"'); 2) 1:he EastLake
Greens Sectional Planning Area Plan, previously adopted by City Coun:::il
Resolution No. 151.B9; both approved on .July lB, .1.B89.; .3) an Air Quality
Improvement Plan (EastLake Greens Air Quality Improvement Plan); 4) a Water
Conservation Plan (EastLake Greens Water Conservation Plan) :and Publi:::
Fa:::ilities Finan:::ing Plan (Eastlake Greens Public Fa:::ilíties FinancinB Plan), all
previously approved by the City Coun:::il on November 24, 1992. by Resolution
No. 16898 5) Eastlake Greens Masterïentative Subdivision map. approved by
Resolution No.15200 on July 18,1989 and amended by Resolution 17618 on
August 1994; and
D. Planning Commission Re:::ord on Application
WHEREAS, the Planning Commission held an ôdvertised publi::: hearing on said
proje:::t on January 14, 1998 and voted (7-0) to re:::ommend that the City
Coun:::iI approve the Proje:::t based upon 1:he findings and subje:::t to the,
:::onditions listed below; and
/
ResolUTion i BBB8
Page 2
-, 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 February 10. 1998, on the
ProjeCt and to receive ,he recommendations of the Planning Commission, and
to hear public testimony with regard to same.
NOW, THEREFORE, BE IT RESOL VEDthatthe City Council does hereby find, determine
and resolve as follows:
II. P:'ANNING COMMISSION RECORD
The proceedings and all evidence introduced before the Planning Commission at their
public hearing on ,his Project held on January 14, 1998, Bnd the minUtes and
-ResolUtions Tesulting therefrom, are hereby incorporated into the Tecord of this
proceeding.
III. CERTIFICATION OF COMPLIANCE WITH CEOA
The ::nvironmental Review Coordinator has determined thatthe Project fa lis under the
.purview of FEIR 86-04 (8) and that no further environmental review is necessary. -
IV. TENTATIVE SUBDIVISION MAP FINDINGS
A. Pursuant to Government Code Section 66473.5 of the Subdivision Map Act,
the City Council finds that the Tentative Subdivision Map, as conditioned herein
for EaStlake SoUth Greens Unit 10, Chula Vista Tract No. 98-03, is in
conformance wiTh the Eastlake II General Development Plan, EaStlake Greens
SeCtional Planning Area (SPA) Plan, EaStlake " Planned Community District
Regulations and the elements of the City's General Plan, based on the
following:
1. Land Use
The General Development Plan designation is Residential Low Medium density
(3-6 du/ac!) Bnd the SPA allows 246 dwelling units at a density of
approximately 7.1 du/ac. The proposed 231 lot subdivision (5 open space Jots)
IS well below ,he allowable density and permitted number of dwelling units.
Therefore, as conditioned, the Project is in substantial compliance with the
City's General Plan, EaStlake " General Development Plan (GDP) and Eastlake
Greens Sectional Planning Area (SPA) plan.
2. Circulation
All on-site and off-site public streets required to serve the subdivision will be
constructed or DIF fees paid by the developer in accordance with the Eastlake
Greens PUblic Facilities Financing Plan and Development Agreement. The public
Streets within the Project will be designed in accordance with the City design
Standards andlor requirements and provide for vehiculàr and pedestrian
connections with adjacent Streets and community pedestrian trails.
?
ResolUtion 18888
Page 3
3, Housing
ResolUtion No. 15751 adopted by the City Council on August7. 1990. requires
Developer to provide ten percent of the total number of units allowed in the
Eastlake Greens planned community foLlow and moderate income households.
In July 1995. the City Council approved a program and the applicant entered
into an agreement ior the provision or aiiordableHousing within the Eastlake
Greens Planned Community. The program oUtlines the required number or low
and moderate income units. the proposed location and the implementation
schedule.
4. Conservation
The Environmental Impact Report F:IR-86-04 (B) addressed the goals and
policies of the Conservation Element or the General Plan. The development of
this site is consistent with these goals and policies.
5. Parks and Recreation. Open Space
The Eastlake Greens Sectional Planning Area (SPA) plan provides public and
- private parks. trails and tJpen space consistent with City policies.
6. Seismic: Safety
The proposed subdivision is in conformance .with the goals .and policies of the
Seismic Element of the General Plan for this site.
7. Safety
The Fire Department and other emergency service agencies have reviewed the
proposed subdivision for conformance with City safety policies. and have
determined that the proposal meets the City Threshold Standards for
emergency services.
8. Noise
Noise mitigation measures included in the Environmental Impact Report FEIR-
86-04 (B) adequately address the noise policy of the General Plan. The project
has been conditioned tore quire that all dwelling units be designed to preclude
. interior noise levels over 45 dBA. and exterior noise exposure to 65 dBA which
in accordance with the City's performance standards.
9. Scenic Highway
The Project site is located Bdjacent to a desi9nated scenic ;hi9hway (Olympic
--- parkway)- A 6D-70ieet wide landscape buffer area along with a decorative wall
along the soUthern perimeter of the Project Site would be provided to enhance'.
the project interrace with Olympic Parkway.
.3
ResolUtion 1 8B88
Page 4
-
1 D. 3icycle Routes
When the Street -SYStem in "the Eastlake Greens was miginally considered,
appropriate bicycle lanes were included within the community. The private
streets within the projeCt are of adequate width to accommodate bicycle travel
interior to the site.
11. Public Buildings
No public buildings are proposed on the project site. The Project is subject 10
RCT fees prior to issuance of building permits.
B. Pursuant 10 Section 66412.3 of the Subdivision Map ACt, 1he Council certifies
that it has considered "the effect of this approval on the housing needs of the
Tegion and has balanced those needs against the public service needs of the
Tesidents of the City and "the available fiscal and environmental resources.
C. The configuration. orientation and topography of the site partially allows for the
optimum sining of lots for passive or natural heating and cooling opportunities
as required by Government Code Section .66473.1.
D. The site is physically suitable for residential development and the proposal ~
conforms to all standards established by the City for such projects.
E. The conditions herein imposed on the grant of permit or other entitlement
herein contained is approxîmatelyproportional both in nature and extentto the
impact created by the proposed development.
BE IT FURTHER RESOLVED, that the City Council does hereby approve the Project
subject to the general and special conditions set forth below.
V. GENERAL CONDITIONS OF APPROVAL
The approval of the foregoing Tentative Subdivision Map which is stated to be conditioned
on ~General Conditions. is hereby conditioned as follows:
A. Project Site is Improved with Project
Developer, or their successors in intereSt, shall improve the Project Site with
"the ProjeCt as described in the MaSter Tentative Map, Tract No. 88-03,
ResolUtion No.15200 "and 17618:' and FEIR 86-04 (B) Mitigation Measures
except as modified by this ResoIUtion:-"
B. Implement Mitigation Measures.
- Developer shall" diligently implement, or cause "the implementation of all
" mitigation' measures pertaining to' the Project identified in the Final
Environmental ImpaCt Report FEIR-86-04 (8).
il
Resolution 18888
Page 5
-
c. Implement previously adopted conditions of approval pertinent to project
Unless otherwise conditioned, developer shall comply with all unfulfilled
conditions of approval of the Eastlake Greens Master Tentative Map, Chula
Vista Tract 88-03, established by Resolution No. 15200 approved by Council
on July 18. 1989 and Amended by Resolution 17618 on August 1994, and
shall remain in compliånce with and implement the "terms, conditions and
provisions of "the Eastlake Greens Sectional Planning Area (SPA) plan, General
Development Plan. Planned Community District Regulations, Water
Conservation Plan. Air Quality Improvement Plan, Residential Design Guidelines
and Public Facilities Financing Plan as amended and as are applicable to the
property which is the subject maner of this "tentative map. priono approval of
the Final Map or shall have entered into an agreement with the City, providing
the City with such security (includiqg recordation of cov£mantsTunning with the
land) and implementation procedures, as the City may require, assuring that
:after approval ohhe Final Map, "the developer shall continue "to comply with,
remain in compliance with, and implement such plans.
D. Implement Public Facilities financing Plan
Developer shall install.public facilities in accordance with the .Eastlake Greens
- 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 Director may. anheir.discretion, modify the sequence of
improvement construction should conditions change to warrant such a revision.
_. Contingency of Project Approval
Approval ofthe Tentative Subdivision Map is contingent upon the amendments
to the Eastlake Greens Sectional Planning Area (SPA) plan and Eastlake II
Planned Community District Regulations and Land Use District map becoming
effective (PCM-98-14).
F. Design .;!I.pproval
The applicant shall develop ¡he lots in accordance with the applicable Eastlake
Greens Planned Community District Regulations and Design Guidelines. The
plans for the residential project shall be submined for review and obtain
approval under the City's Design Review process prior to subminal for building
permits.
G. Project Phasing
If phasing is proposed within an individual map or ¡hrough multiple final maps,
"the Developer shall submit and obtain approval for a development phasing plan
'by the City Engineer and Director of Planning+Jrior to approval of any final map.
~
5
ResolUtion 1 BBBB
Page 6
The phasing plan shall include:
1. A site plan showing "the lot lines and lot nu~bers, "the phase lines and
phase numbers and number of dwelling ûnits in each phase.
2. A "table showing -the phase number, the lots included in "the phase and
the number -of units included in each phase-
Improvements, iacilities and dedications to be provided with each phase or unit
of development shall be as determined by the City Engineer and Director of
Planning. The City reserves the right to conditionally approve each final map
and require improvements, -facilities and/or dedications as necessary to provide
adequate circulation and "to meet the requirements of police and fire
departments. The City Engineer and Planning DireCtor may at their discretion,
modify "the sequence of improvement ConstruCtion should conditions change to
warrant such -revision(s!.
H. Tentative Subdivision Map Conditions
Prior to approval of the final map unless otherwise indicated, the Developer
shall:
- -
GENERAl/PRElIMINARY
1. Comply with any and all unfulfilled conditions of approval applicable to the
Eastlake South Greens, Chula Vista TraCt B8-03, Tentative Map established by
ResolUtion No. 15200 approved by Council on July 18.1989, and amended by
resolution 17618 on August 16,1994.
2. Install public facilities in accordance with the Eastlake South Greens, Public
Facilities rinancing 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 DireCtor may, anheir discretion, modify the sequence of improvement
construCtion should conditions change to warrant such a revision.
STREETS RIGHTS-OF-WAY AND PUBLIC IMPROVEMENTS
3.a. Design and construct all street improvements in accordance with Chula Vista
Design Standards, Chula Vista Street Standards, and the Chula Vista
Subdivision Manual unless otherwise approved by "the City Engineer. Submit for
approval by the City Engineer improvement plans detailing horizontal and
vertical .alignment of said streets.
Said improvements shall include, bUt not be limited to, asphalt concrete
pavement, base, concrete curb, gunerand sidewalk, sewer and water Utilities,
drainage facilities; street lights, signs, cui de sacs, street knuckles and fire
hydrants.
3.b. Construct the full street improvements for Olympic Parkway from Hunte
Parkway to the westerly subdivision boundary or pay, if so requested by "the
J
Resolution 1 BBBB
Page 7
-
City at its sole discretion, Developer's proportionate share of the cost of said
roadway improvement.
3.c. Provide the City with security, in.a form acceptable to the City, to guarantee
the full street improvements for Olympic Parkway from Hunte Parkway to the
Westerly subdivision boundary and South Greensview to Olympic Parkway.
3.d. Grant an irrevocable offer(s) of dedication for all right of way and temporary
construction Easements necessary'Io construct the Olympic Parkwayand Hunte
Parkway segments.
3.e. Obtain. prior1:o approval of any final map, all off-site right-of-way necessary for
the installation of the required improvements for this subdivision thereto,
including 'Ihe Olympic Parkway and Hunte Parkway segments. The Developer
shall also provide easements for all on-site and off-site public right-of-way
facilities, necessary 10 provide service to the subjer:t subdivision.
3.7. Notify the City at least £0 days prior 10 consideration of any final map by City.
if off-site right-of-way cannot be obtained as required herein. After said
notification and prior to approval of any final map, the Developer shall:
- 1. Pay lhe full cost of acquiring off-site right-of-way or ßasements required
herein.
2. Deposit with lhe City lhe estimated cost of acquiring said right-of-way
or easements. Said estimate to be appwved by the City Engineer.
3. Have all easements and/or right-of-way documents and plats prepared,
and appraisals completed which are necessary 10 commence
condemnation proceedings as determined by lhe City AtTorney.
4. Requestthat the City use its powers of Eminent Domain to acquire right-
of-way easements or licenses needed for off-site :improvements or work
related 10 lhe final map. The Developer shall pay all costs, both direr:t .
and jndirect. jncurœd jn said acquisition.
4. Guarantee prior 10 approval of lhe final. Subdivision Map, all "improvements
interior to lhe subdivision, (streets, sewer, drainage, utilities, etc.) deemed
necessary 10 provide service to lhe subject subdivision in accordance with City
standards.
5. Submit and oUtain preliminary .approval for proposed street names from the
Director oi Planning and lhe City Engineer. .Final approval.oisueet names shall
be by the Plaqning Commission. No lWO .intersections shall incorporate lhe
same two street names. Dedicate 10 public use, lhe right of way for all streets
.shown on the Tentative map within the subdivision.
6. Existing street lights on South Greensview Drive shall be moved and placed at
.new locations 10 provide illumination at the two new intersections proposed.
Final street light localions shall be approved by the City Engineer.
'1
Resolution 1 BBB8
Page 8
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7. Construct five and one half foot (5 ~ '¡ sidewalJ.-..s and construct pedestrian
ramps on all walkways to meet or exceed the "Americans with Disabilities Act"
standards.
8. Present written verification to the City Engineer from Dray Water DistriCt that
the subdivision wi/I be provided adequate water service and long term water
storage facilities.
9. Submit and obtain approval of improvement plans for the fOllowing:
G. Connect proposed storm drain system to existing 3D" R.C.P. storm drain
in South Greensview Drive.
b. Provide a pair of conneCtions to the existing storm drain system in
future Olympic Parkway.
c. Remove existing sewer mains, manholes, laterals and related structures
-mat are presently providing service to Eastlake South Greens Unit 23.
Realign and conneCt proposed sewer system to existing sewer in South
Greensview Drive.
10. ' All streets which intersect 'other Streets at or near horizontal or vertical curves ~
must meet intersection design sight distance requirements in accordance with
City standards.
11. All Cul-de-sacs shall have a minimum ,curb radius of 36'.
12., All sanitary sewer facilities required for development of any lot subject to
ïelegraph Canyon Sewer Pumped Flows DIF or Salt Creek Sewer Basin DIF
shall be guaranteed prior to recordation of the Subdivision Final Map for said
Jot.
GRADING AND DRAINAGE
.13. Submit for approval by the City Engineer, a detaìled grading plan in accordance
with the Chula Vista Grading Ordinance 1797, as amended.
14. Submit letters of permission to grade for all off-site grading including but not
limited to letters of permission from the San Diego County Water Authority and
the Dray Water District for grading within their easements.
1 5." Submit hydrologic a~d hydraulic studies and calculations, including dry lane
. calculations for all public streets. Calculations shall also .be provided to
demonstrate the adequacy of downstream drainage struCtures, pipes and inlets.
16. Storm drain design shall be accomplished on the basis of the requirements of
the Subdivision Manual and the Grading Ordinance ( #1797 as amended)
17. Provide improved access to all storm drain clean outs or as approved by the
City Engineer. 1
Resolution 1 BBBB
Page 9
-
18. Submit to and obtain approval from the City Engineer for an erosion and
sedimenta-rion control plan as part of grading plans.
19. Provide an updated soils report or an addendum to "the original document
prepared by B registered engineer, as required by the City Engineer. The
geotechnical investigation shall address "the proposed earthwork shown on the
Tentative Map and Grading Plans and describe any changes in geotechnical
references and statements.
20. Design the storm drains and other drainage facilities to include Best
Management Practices to minimize non-point source pollution, satisfactory to
the City Engineer.
21. .Lot lines shall be located at the top of slopes except as approved by the City
Engineer. Lots shall be so graded ßS to drain 10 cthe .street or an approved
drainage system. Drainage shall not be permitted to flow over slopes.
22. GrBde ß level, clear area.at least two (2) teet wide, along cthe length of any wall
abutting Olympic Parkway, as measured from face-of-wallcto beginning of
slope, said area as approved by the City Engineer and the Director of Parks and
Recreation.
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23. All grading and pad elevations shall be within 2 teet of cthe grades ônd
elevations shown on cthe ôpproved ctemaIive map or as otherwise approved by
the City Engineer and Planning Director.
24. Prior to approval of Final Subdivision "Map, the Developer shall.submit a list of
proposed lots indicating whether the structure will be located on till, cut, or a
transition between the two situations.
25. The inclina-rion of each cut offill surface resulting in a slope,shall not be steeper
than 2:1 (two horizontal to one vertical) except for minor .slopes as herein
defined.
All constructed minor slopes shall be designed tor proper stability considering
both geological and soil properties. A minor slope may be constructed no
steeper than one and one-half horizontal to one vertical (1.5:1) contingent
upon:
a. Submission of reports by both a soils engineer and a certified
engineering geologist containing the results of .surface .and subsurface
exploration and analysis. These results should be sufficient for the soils
engineer and engineering geologist to certify that in ctheir professional
opinion, theunderlyjng bedrock and soil supporting cthe slope have
strength characteristics sufficient to provide a stable .slope ôrìd will not
pose a danger to persons or property ,and
,"
b. The installation of an approved special slope planting program ônd..
irrigation system.
9
ResolUtion 18888
Page 10.
c. A "Minor Slope" is defined as a slope four (4) feet or less in vertical
dimension in either cUt or fill, between single iamily lots and not parallel
to any roadway.
AGREEMENTS
26. Agree that the City may withhold building permits ior the subject subdivision
if anyone of the following occur:
a. Regional development threshold iimits set by the East Chula Vista
ïransportation Phasing Plan have been reached.
b. ïraffic volumes, levels of service, public Utiiities and/or services exceed
trre adopted City threshold standards in the then effective Growth
Management Ordinance.
c. ïhe required public facilities, as identified in the PFFP and condition -II
3, Table 1 of ResolUtion 1520.0. orasamended or otherwise conditioned
have not been completed or Constructed to "satisfaction ofthe City. The
developer may propose changes in the timing and sequencing of
development and the construction of improvements affected. In such
case, the PFFP may be amended as approved by the City Planning ~
Director and Public Works Director.
27. Agree 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
âgems, officers or employees to anack, set aside, void or annul any approval
by the City, including approval by its Planning Commission, City Councilor any
approval by its agents, officers, or employees with regard to this subdivision
pursuantto Section 66499.37 oftheStateMap Act provided the City promptly
notifies the subdivider of any claim, action or proceeding and on the further
condition that the City fully cooperates in the defense.
2B. Agree to "hold the City harmless from any liability ior erosion, siltation or
increase iJo~ of drainage resulting from this pmject..
29. Agree 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. Restrict access to the
conduit to only those franchised cable television .companies who are, and
remain In compliance with, all of the terms and conditions of the franchise and
which are In further compliance with all otherrules, 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.
30. Agree not to protest the formation of an assessment district ora community
fë!ciJity district to finance "the construction of the length of Olympic Parkway
from I-Bo.5 to Hunte Parkway, and agree to construct or participate in the
financing of phased improvements for Olympic Parkway in accordance with the
/r,
Resolurion 1 BBBB
Page 11
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i'easibiiiry and i'inancing Study for Olympic Parkway as adopted by the City.
Notwithstandin9 the foregoing, such financial participation shall be a minimum
equal to the full cost of improveme~.s for Olympic Parkway trom Hunte
Parkway to the westerly subdivision boundary.
31- Fully comply with condition No. 3 of Resolution No. 15200 and the
Supplemental Subdivision Improvement Afjreement tor Unit 12 approved by
Resolution No.1 B211-
32. Agreeto provide, priorto issuance of buildinfj permits a noise study addressing
noise impacts generated by -existing and future major streets surrounding the
"project (South Greensview Drive and Olympic ParkwDy).andtake the necessary
measures to "preclude interior noise levels over 45 dBA and .all exterior privDte
open space shield with solid masonry walls and or buildings to limit noise
exposure to 65 dBA-
33. Agree to install tire hydænts.at every SOD it. or as required by the Fire Marshal
and make them operable prior to Delivery ot combUStible building materials.
Exact location of tire hydrants shall be Teviewed and approved by the Fire
Marshall prior to installation.
-, OPEN SPACE/ASSESSMENTS
34. Grant an Irrevocable Offer of Dedication (IOD),on the Final Map tor Open Space
Lots A,B, C,D and E within the subdivision. The minimum width of each open
space shall be5 "]6' for the tree planting and maintenance easement behind the
back of sidewalk.
35. Provide proof tothe satisfaction of the City Engineer and Director of Planning
that all improvements located on open space lots (Lots A-E) will be incorporated
into and maintained by the Existing Eastlake Homeowners Association.
36. Pay additional fees on a proportional basis as determined by the City Engineer
into the Assessment District Numbers BD-3, B1-J and .94-1-or other applicable
.assessment districts due to changes 10 "the number of units approved
subsequent "to district formation.
37. Pay all costs associated with apportionment of assessments for all City
assessment districts as a Tesult of subdivision of lands within the boundary.
Submit an apportionment form and provide a deposit tothe City estimated at
$17 ,700.00 ( $25 per lot X 236 lots X 3 districts) to cover costs.
3B. Submit all Special Tax and Assessment disclosure forms for the approval of the
City Engineer.
39. Comply with the terms and conditions of the AcQuisition/Financinfj Agreement
- for Assessment District B4-1, CO 94-064, approved by Council Resolution
174B3 as said terms and conditions may be applicable to this development.
//
Resolution 1 88BB
Page 1 2
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40. Indicate on the grading plans that all wal!s which are to be maintained by an
open space maintenance district are constructed entirely within the district
property.
41. The Developer shall be responsible for street trees in accordance with Section
18.28.10 of the Chula Vista Municipal Code. The use of cones shall be
included where necessary to reduce the impact of root systems disrupting
adjacent sidewalks and rightS-of-way.
42 Maintenan::e of all facilities and improvements within ODen space areas shall be
described within the applicable CC&Rs. The CC&Rs shall be submitted for
approval ofLhe Engineering Department priorto approval of the associated final
map.
43. Prior to the approval of any final map. the Developer shall provide the City with
proof th¡r¡ the maintenance of all facilities and improvements within the open
space area associated with such map shall be the responsibility of the
applicable homeowners association.
^ ^ All utilities which service open space shall be located within the open space.
~,
45. ;:or walls which are located within1:he.openspacemaintenance district. owners .,.,..
of adjoining lots shall sign a statement when purchasing their homes "that they
are aware -that the wall is on Open Space property and that they may not
modify "Dr "supplement the wall or encroàch onto Open Space property. These
restrictions shall also be reflected in the CC&Rs for each lot.
46. Make payment to reduce the debt on the subject property as a result of lower
density "than assumed for the assessment district at the time of District
formation. The amount of payment is determined by multiplying the difference
between -the actual and assumed number of units multip1ied by the estimated
assessment (or principal outstanding) per unit.
47. Submit detailed irrigation plans and. water management guidelines for all open
space Icndscaping in accordance with the Chula Vista Landscape Manual. The
plans are subject to approval by the Director of Planning and the Director of
Parks and Recreation Department.
~~SEMET\'TS
48. Grant on-thefinal map a minimum 20' wide easementtothe City of Chula Vista
for construction and maintenance of water and storm drain facilities within Lot
47.
49. Grant on the final map a minimum 10' wide easementtothe City of Chula Vista
for construction and maintenance of storm drain facilities within Lot 42.
50. Grant on-the final map a minimum 20' wide easementto the City of Chula Vista
for construction and maintenance of sewer and stOrm drain facilities within Lots
11 and 176. /~
Resolmion 18888
Page 13
-
51. Gram on the final map a minimum 20' wide easemenT 10 the City of Chula Vista
for construction and maintenance of sewer and storm drain .facilities within Lots
2D, 21,165 and 166.
52. Grant onthefinal map a minimum 2D' wide easement!othe City of Chula Vista
for construction and maintenance of sewer and storm drainiacilities within Lot
137.
53. Grant on the final map a minimum 10' wide easemènttothe City of Chula Vista
for construction and maintenance of storm drain faciliTies within Lot 15D.
54. Grant to the City a 5.5 fom wide street tree planting and maintenance
easement along all public streets within the subdivision. Said easement shall
.extend from the .property line and shall contain no slope steeper than 5:1
(horizontal to vertical.ratio). Easements along corner lots may have slopes of
2: 1 (horizontal to vertical ratio) as long as flat areas aTe provided for street tree
planting.
55. Grant ontheiinalmap a minimum 2D' wideeasementtothe City of Chula Vista
for landscaping along future Olympic Parkway. Said easement shall extend
from the .property line and shall contain no slope .steeper than 5:1 (horizontal
to vertical ratio).
56. Grant on the final map a minimum 1 D' wide easementtothe City of Chula Vista
for installation and maintenance of utiiiTies alòng fmure Olympic Parkway and
South Greensview Drive over Open Space Lots A,B,C,D and E.
MISCELLANEOUS
57. The Declaration of Covenants, Conåitions and Restrictions shall include
provisions assuring maintenance of all open space areas, streets, driveways,
drainage and sewage systems which are private. The City of Chula Vista shall
be named as party to said Declaration authorizing the City to enforce "the terms
and conditions of the Declaration in the same manner as any owner within the
subdivision.
58. Submit copies of Final Maps, jmpmvement plans and grading plans in a digital
format such as {DXF} graphic file prior to approval of each .Final Map. Provide
Compmer Aided Design (CAD) copy of the Final Map based on accurate
coordinate geometry calculations and submit the information in accordance with
the City Guidelines for Digital Submittal in duplicate on 5-1/4" HD or 3-1/2"
disks. Submit as"built impmvement and grading .plans in .digital format. Provide
securityto guarantee the ultimate submittal ofimprovements and grading digital
files. Update electmnic files after any construction pen and ink changes to the
.9rading .or jmprovement plans and ,resubmit to the City.
- .1 59- Tie the boundary of the subdivision.tothe California System - Zone VI (1983).
6D. . Design all Dwelling units to preclude interior noise levels over 45 dBA and all
exterior private open space shield to limit noise -exposure to -65 dBA.
/3
-_.
ResolUtion 1 B888
Page 14
61, Prior 10 approval of the final map and issuance of grading permits, provide a
comprehensive fencing! retaining wall program incorporating the following
fencing standards:
a. Where privacy fences are installed directly over, or immediately adjacent
to retaining walls, 'the overall wall! fence height shall not exceed 8 ft.
Where higher retaining wall! fence conditions OCcurs, a four foot
landscape transition strip between the wall and the fence shall be
provided.
b. Reo.aining walis along interior and exterior property lines shall not exceed
4 ft in height.
c. Fences, retaining walls or a combination of both located within the
required front setback area shall be limited to forty 'two inches in height.
(42ft).
d. Provide a design and install 5 ft. high decorative fences on along 'the
exterior side yard of all corner lOtS.
62. Revise 1he subdivision design, as necessary, 'to comply with the following
criteria: -
West Neiohborhood
Minimum lot dimensions 45' X 70 (average size 47' X 75')
lot area 3,150 sq. ft. (average 3,500 sq. ft.)
Cul-de-sac! knuckle lot frontage 35 ft.
East Neiohborhood
Minimum lot dimensions '50' X 55' ( averàgé lot size 53' X 59')
'Min 'Lot area 2:800 sq. ft. (average 3.200 sq. ft.)
Cui-de sac! knuckle lot frontage 35 ft.
63. Present written verification to the City Engineer from Otay Water District that
the subdivision will be provided adequate water service and long term water
storage facilities.
CODE REQUIREMENTS:
Code requirements to be included as Conditions of Approval:
64. Comply with all applicable sections of the Chula Vista Municipal Code and the
policies. Preparation of the Final Map and all plans shall be in accordance with
the provisions of the Subdivision Map Act and the City of Chula Vista
Subdivision Ordinance and Subdivision Manual. .
65. U!1derground all Utilities within the subdivision in accordance with Municipal
Code requirements. It.!
Resolution 1 BBB8
Page 15
55, Pay all ,he applicable fees in accordance wiTh The CiTY Code and Council Policy.
including but nOT limiTed 1:0 1:he following:
a. The ìransporta,ion and Public racilities Development Impact Fees.
b. Signal Participation Fees.
c. All applicable sewer fees. including but not limited ,0 sewer connection
-fees.
d. 5R.125 impact-fee.
"' ìelegraph Canyon ?ump Sewer Fee.
f. Salt Creek Ranch Sewer Basin ree.
57. ihe developer shall comply wi,h all relevant Federal, Slate, and Local
Tegulati ons , including "the Clean Wa,er Act. The developer shall be Tesponsible
-for providing all required 1:estinf] and documenTation ,0 demon5tral:ion said
compliance -as required by The City Engineer.
VI. CONSEQUENCE Dr: FAILURE Dr CONDITIONS
Ii any of ,he foregoinf] conditions -fail ,0 occur, or if ,hey are, by their terms, to be
implemented and maintained over lime. if any of such conditions fail to be so
implemented and maintained ôccorriing ,0 ,heir ,erms, ,he City shall have ,he Tight 10
-, revoke or modify all approvals herein gramed, deny, or -further condition lssuance of
all -future building permits, .deny, revoke. or further condition all certificates of
occupancy issued under 1:he authority oi approvals herein £ ranted. institute .and
prosecute litigation ,0 compel ,heir compliance with said conditions or seek damaf]es
for ,heir violation. No vested rights are f]ained by Developer or a successor inlnterest
bY1:he City's approval of ,his Resolution. '
VII. INVALIDITY; AUTOMATIC REVOCATION
It is1:he.intention ofme City Council ,hat its adoption of ,his Resolution is dependent
upon me-£nforceabl!ity -pf ßach and every ,erm, provision and condition herein stated;
.and. mal: m '!lie '.event "thal: :anyone or more 1erms, provision, or conditions are
determinedby:a 'Court -pf competent jurisdicti on top be invalid, illegal or unenforceable,
!Ì1ls Tesóh:rtion shall be .deemed 10 be aUtomatically revoked and of no further force and
effect -ab'în'iti o.
Presented by Approved as to form by
;!LtdÚ.
Robert A Leiter
Planning Director . .- :',. -, -
IS
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-. ResolUTion 18888
Page 17
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I
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Resoll1!iOT"l 1 88B8
?age 1 B
:-
-
It
Resolution 18888
Page 19
-
"'ASSED, AP?ROVED, and ADO?ïED by The CITy Council of The City of Chula Vista.
California, This 10th day of rebruary, 1.998, by the following vote:
AYES: Councilmembers: Moot; Padilla, Rindone, Salas and Horton
NA YES: Councilmembers: None
ABSENT: Councilmembers: None
F.BST AIN: Counciimembers: None
&~~~
Shirley H on, Mayor
ATTEST:
~.d tJ. ¿Jfßd
Beverly Pt. Authelet, City Clerk
STATE OF CALIFORNIA )
COUNTY OF SAN DIEGO )
CIïY OF CHULA VISTA )
I, Beverly A. Authelet, City Clerk of the City of Chula Vista, California, do hereby certify that
the foregoing Resolution No. 18888 was duly passed, approved, and adopted by the City
Council at a regular meeting of the Chula Vista City Council held on the 10th day of rebruary,
1998.
Executed this 10th day of February, 1998.
'Æ:l~.,~
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/1
~
ATTACHMENT 2
~
.-
...
~
EASTLAKE SOUTH GREENS ~
UNIT NO.1 0 &0
4-27-98 r2V I'; "",;;? IV!
A IT A CHMENT 3
Recording Requested by;
CITY CLERY
When Recorded, Mail to;
CITY OF CHù~. VISTA
276 Fourth Avenue
Chula vista, Ca. 91910
No transfer tax is due as this is a conveyance
to a public agency of less than a fee interest
for which no cash consideration has been paid or
received.
Declarant
SUBDIVISION IMPROVEMENT AGREEMENT
THIS AGREEMENT, made and entered into this day of
; 199--, by and between THE CITY OF CHULA VISTA, a
municipal corporation, hereinafter called "City", and THE EASTLAKE
COMPANY, LLC, 900 Lane Avenue, suite 100, Chula Vista, Ca- 91914,
hereinafter called "Subdivider";
.h1J.l'J:!£;~~];;l'H~
WHEREAS, Subdivider is about to present to the City Council of
the city of Chu1a Vista for approval and recordation, a final
subdivision map of a proposed subdivision, to be known as EASTLAKE
SOUTH GREENS UNIT 10 pursuant to the provisions of the Subdivision
Map Act of the State of California, and in compliance with the
provisions of Title 18 of the Chula vista Municipal Code relating
to the filing, approval and recordation of subdivision map; and,
WHEREAS, the Code provides that before said map is finally
approved by the Council of the City of Chula Vista, Subdivider must
have either installed and completed all of the public improvements
and/or land development work required by the Code to be installed
in subdivisions before final maps of subdivisions are approved by
the Council for purpose of recording in the Office of the County
Recorder of San Diego County, or, as an alternative thereto,
Subdivider shall enter into an agreement with city, secured by an
approved improvement security to insure the performance of said
work pursuant to the requirements of Title 18 of the Chula Vista
Municipal Code, agreeing to install and complete, free of liens at
Subdivider's own expense, all of the public improvements and/or
land development work required in said subdivision within a
definite period .of time prescribed by said Council, and
WHEREAS, Subdivider is wining in consideration of the
approval and recordation of said map by the Council, to enter into
this agreement wherein it is provided that Subdivider will install
and complete, at Subdivider's own expense, all the public
-1-
c2I
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. 1BBBB, approved on the loth day of
February, 199B ("Tentative Map Resolution"); and
WHEREAS, complete plans and specifications for the
construction, installation and completion of said public improve-
Eent work have been prepared and submitted to the city Engineer, as
shown on Drawings Nos. 9B-15 through 9B-2B, on file in the office
of ~he 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 $2,652,200.00.
NOW, THEREFORE, IT IS MUTUALLY UNDERSTOOD AND AGREED AS
FOLLOWS:
1. Subdivider, for itself and his successors in interest, an
obligation the burden of which encumbers and runs with the land,
agrees to comply with all of the terms, conditions and requirements
of the Tentative Map Resolution, to do and perform or cause to be
done and performed, at its own expense, without cost to City, in a
good and workmanlike manner, under the direction and to the
satisfaction and approval of the City Engineer, all of the public
improvement and/or land development work required to be done in and
adjoining said subdivision ("Improvement Work"), and will furnish
the necessary materials therefor, all in strict conformity and in
accordance with the plans and specifications, which documents have
heretofore been filed in the Office of the City Engineer and by
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 ins-tall 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 perform
said IEprovement 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
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be issued until the city Engineer has certified in writing the
completion of said pUblic improvements or the portion thereof
serving said building or structures approved by the City; provided,
however, that the improvement security shall not be required to
cover the provisions of this paragraph.
5. It is expressly understood and agreed to by Subdivider
that, in the performance of said Improvement Work, Subdivider will
conform to and abide by all of the provisions of the ordinances of
the City of Chula Vista, and the laws of the State of California
applicable to said work.
6. Subdivider further agrees to furnish and deliver to the
ci ty of Chula Vista, simultaneously with 1:he execution of this
agreement, an approved improvement securi ty from a sufficient
surety, whose sufficiency has been approved by the City in the sum
of ONE MILLION, THREE HUNDRED TWENTY SIX THOUSAND, ONE RUNDRED
DOLLARS AND NO CENTS ($l,326,100..00) which security shall guarantee
the faithful performance of this contract by Subdivider and is
attached hereto, marked Exhibit "A" and made a part hereof.
7.. Subdivider further agrees to furnish and deliver to the
City of Chula Vista simultaneously with the execution of this
agreement, an approved improvement security from a sufficient
surety, whose sufficiency has been approved by the City in the sum
of ONE MILLION , THREE HUNDRED TWENTY SIX THOUSAND, ONE HUNDRED
DOLLARS AND NO CENTS ($1,326,100.00) 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 FORTY ONE THOUSAND DOLLARS AND NO CENTS ($41,000.00) (per
private engineer's estimate) to secure the installation of
monuments, which security is attached hereto, marked Exhibit"c"
and made a part hereof.
9. It is further agreed that if the Improvement Work is not
completed within the time agreed herein, the sums provided by said
improvement securities may be used by City for the completion of
the Improvement Work within said subdivision in accordance with
such specifications herein contained or referred, or at the option
of the City, as are approved by the City Council at the time of
engaging the work to be performed. Upon certification of
completion by the City Engineer and acceptance of said work by
City, and after certification by the Director of Finance that all
costs hereof are fully paid, the whole amount, or any part thereof
not required for payment thereof, may be released to Subdivider or
its successors in interest, pursuant to the terms of the
improvement security. Subdivider agrees to pay to the City any
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:;zs
difference between the total costs incurred to perform the work,
including design and administration of cons-::ruction (including a
reasonable allocation of overhead), and any proceeds from the
improvement security.
1.0. 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 1"ork aforesaid, nor shall any
officer, his sureties or bondsmen, be liable for the payment of any
sum or sums for said work or any materials furnished therefor ¡
except to the limits established by the approved improvement
security in accordance with the requirements of the state
Subdivision Map Act and the provisions of Title 18 of the Chula
Vista Municipal Code..
11... It is further understood and agreed by Subdivider that
any engineering costs (including plan checking, inspection,
materials furnished and other incidental expenses) incurred by City
in connection with the approval of the Improvement Work plans and
installation of Improvement Work hereinabove provided for, and the
cost of street signs and street trees as required by City and
approved by the City Engineer shall be paid by Subdivider, and that
Subdivider shall deposit, prior to recordation of the Final Map,
with City a sum of money sufficient to cover said cost.
12- It is understood and agreed that until such time as all
Improvement Work is fully completed and accepted by City,
Subdivider will be responsible for the care, maintenance of, and
any damage to, the streets, alleys, easements, water and sewer
lines within the proposed subdivision. It is further understood
and agreed that Subdivider shall guarantee all public improvements
for a period of one year from date of final acceptance and correct
any and all defects or deficiencies arising during said period as
a result of the acts or omission of Subdivider, its agents or
employees in the performance of this agreement, and that upon
acceptance of the work by City, Subdivider shall grant to City, by
appropriate conveyance, the public improvements constructed
pursuant to this agreement; provided, however, that said acceptance
shall not constitute a waiver of defects by city as set forth
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
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damages to adjacent or downstream properties or the taking of
property from owners of such adjacent or downstream properties as
a result of the construction of said subdivision and the public
improvements as provided herein. It shall also extend to damages
resulting from diversion of waters, change in the volume of flow,
modification of the velocity of the water, erosion or siltation, or
the modification of the point of discharge as the result of the
construction and maintenance of drainage systems. The approval of
plans providing for any or all of these conditions shall not
constitute the assumption by City of any responsibility for such
damage or taking, nor shall city, by said approval, be an insurer
or surety for the construction of the subdivision pursuant to said
approved improvement plans. The provisions of this paragraph shall
become effective upon the execution of this agreement and shall
remain in full force and effect for ten (10) years following the
acceptance by the City of the improvements.
14. Subdivider agrees to defend, indemnify, and hold harmless
the City or its agents, officers, and employees í'rom any claim,
action, or proceeding against the city or its agents, ofí'icers, 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.
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 SUBDIVIDER: THE EASTLAKE COMPANY
LLC
Mayor of the City of Chula
Vista
ATTEST
City Clerk
Approved as to form by
rl~/¡;ß'¡¡"\ c~l~M 71!::-j/.f2,
ciij "Attorney j :J Y
(Attach Notary Acknowledgment)
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~~
LIST OF EXHIBITS
Exhibit "A" Improvement Security - Faithful Performance
Form: Bond
Amount: $l,326,lOO.00
Exhibit "B" Improvement Security - Material and Labor:
Form: Bond
Amount: $l,326,lOO.00
Exhibit "c" Improvement Security - Monuments:
Form~ Bond
Amount: $0,000.00
Securi ties approved as to form and amount by
Þ:Þ~
Improvement Completion Date: TvlO (2) years from date of
Council approval of the
Subdivision Improvement
Agreement.
H: \ ho..\attorney\ ssia \ ELSG1 o. std
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,2k
A ITA CHMENT 3
R~~Drding R~qu~st~d by:
CI:I'Y CLERIC
Wh~n Recorã~d, Mail ~o:
CITY OF CHUh~ VISTA
276 Fourth Avenue
Chu1a Vista, Ca. 91910
No transfer tax is due as this is a conveyance
to a public agency of less than a f~e inter~st
for which no cash consid~ration has been paid or
received. .
D~~larant
SUBDIVISION IMPROVEMENT AGREEMENT
THIS AGREEMENT, made and entered into this day of
, 199--, by and betwe~n THE CITY OF CHULA VISTA, a
municipal corporation, hereinafter called "City", and THE EASTLAKE
COMPANY, LLC, 900 Lan~ Avenue, Suit~ 100, Chula Vista, Ca. 91914,
her~inaft~r called "Subdivider";
h'.ITl:!£;~~£;T.!i~
WHEREAS, Subdivider is about ~o 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 EASTLAKE
SOUTH GREENS UNIT 10 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,
WHEREÞ.S, the Code provides ~hat before said map is finally
approved by the Council of the City of Chula Vista, Subdivider must
have either installed and completed all of the public improvements
and/or land development work required by the Code to be installed
in subdivisions before final maps of subdivisions are approved by
the Council for purpose of recording in the Office of the County
Recorder of San Diego County, or, as an alternative thereto,
Subdivider shall enter into an agreement with City, secured by an
approved improvement security to insure the performance of said
work pursuant to the requirements of Title 18 of the Chula Vista
Municipal Code, agreeing to install and complete, free of liens at
Subdivider's own expense, all of the public improvements and/or
land development work required in said subdivision within a
definite period of time prescribed by said Council, and
WHEREAS, Subdivider is willing in consideration of the
approval and recordation of said map by the Council, to enter into
this agreement wherein it is provided that Subdivider will install
and complete, at Subdivider's own expense, all the public
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imp~ovemen~ work requi~ed by City in connection with the proposed
su::':iivisiD~ and v.'ill àeliver ëco City improvement securities as
app~oveà by the City Æ==orney, an:J
WHEREf..S, a tentative map of said subdivision has heretofore
been approved, subject to certain requirements and conditions, as
contained in Resolution No. 18888, approved on the lOth day of
February, 1998 ("Tentative Map Resolution"); and
WHEREÞ.S, complete plans and specifications for the
construction, installation and completion of said public improve-
ment work have been prepared and submitted to the City Engineer, as
shown on Drawings Nos. 98-15 through 98-28, on file in the office
of =he City Engineer, anà
WHERE.z..S, 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 $2,652,200.00.
NOW, THEREFORE, IT IS MUTUALLY UNDERSTOOD AND AGREED AS
FOLLOWS:
1. Subàivider, for itself and his successors in interest, an
obligation ëche buràen of which encumbers and runs with the land,
agrees to comply with all of the terms, conditions and requirements
of the Tentative Map Resolution; to do and perform or cause to be
done and performed, at its own expense, without cost to city, in a
good and vlOrkmanlike manner, under the direction and to the
satisfaction and approval of the City Engineer, all of the public
improvemenëc and/or land development work required to be done in and
adjoining said subdivision ("Improvement Work"); and will furnish
the necessary materials therefor, all in strict conformity and in
accordance with the plans and specifications, which documents have
heretofore been filed in the Office of the City Engineer and by
this reference are incorporated herein and made a part hereof.
2. It is expressly unàerstood 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 perform
said Improvement Work as set forth hereinabove, or that portion of
said Improvement Work serving any buildings or structures ready for
occupancy in said subdivision, prior to the issuance of any
certificate of clearance for utility connections for said buildings
or structures in said subdivision, and such certificate shall not
-2-
:;;<f(
bE: issued until the City Engineer has certified in writing the
co;::pletion of said public improvements or the p:>r-::ion thereof
serving said building or structures approved by the Ci-::y; provided,
ho.,lever, "hat the improvement security shall not be required to
cover the provisions of this paragraph.
5. It is expressly understood and agreed to by Subdivider
that, in the performance of said Improvement Work, Subdivider will
conform to and abide by all of the provisions of the ordinances of
the city of Chula Vista, and the laws of the State of California
applicable to said work.
6. Subdivider further agrees to furnish and deliver to the
Ci::y of Ch"la Vista, simultaneously with -::he execu"ion of this
agreement, an approved improvemen-c security from a sufficient
surety, whose sufficiency has been approved by the City in the sum
of ONE MILLION, THREE HUNDRED TWENTY SIX THOUSAND, ONE HUNDRED
DOLLARS AND NO CENTS ($1,326,100.00) which security shall guarantee
the faithful performance of this contract by Subdivider and is
attached hereto, marked Exhibit "A" and made a part hereof.
7. Subdivider further agrees to furnish and deliver to the
City of Chula Vista simultaneously with the execution of this
agreement, an approved improvement security from a sufficient
surety, whose sufficiency has been approved by the City in the sum
of ONE MILLION, THREE HUNDRED TWENTY SIX THOUSAND, ONE HUNDRED
DOLLARS AND NO CENTS ($1,326,100.00) to secure the payment of
material and labor in connection with the installation of said
public improvements, which securi-cy 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 -che execution of this
agreement, an approved improvement securi -cy from a sufficient
surety, whose sufficiency has been approved by the City in the sum
of FORTY ONE THOUSAND DOLLARS AND NO CENTS ($41,000.00) (per
private engineer's estimate) to secure the installation of
monuments, which security is attached hereto, marked Exhibit "C"
and made a part hereof."
9. It is further agreed that if the Improvement Work is not
completed within the time agreed herein, the sums provided by said
improvement securities may be used by city for the completion of
the Improvement Work within said subdivision in accordance with
such specifications herein contained or referred, or at the option
of -che City, as are approved by the City council at the time of
engaging the work to be performed. Upon certification of
completion by the City Engineer and acceptance of said work by
City, and after certification by the Director of Finance that all
costs hereof are fully paid, the whole amount, or any part thereof
not required for payment thereof, may be released to Subdivider or
its successors in interest, pursuant to the terms of the
improvement security. Subdivider agrees to pay to the City any
-3-
~1
di::=erence between the total cos::s incurred to perform the work,
in::luding design and administration of construction (including a
reEisonable allocation of overhead), and Einy proceeds from the
improvemen:: 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 ;,lork aforesaid, nor shall any
of:icer, his sureties or bondsmen, be liable for the payment of any
sum or sums for said work or any materials furnished therefor,
except to the limits established by the approved improvement
security in accordance with the requirements of the state
Sub:1ivision Map Act and the provisions 0: Title 18 of the Chula
Vis::a Municipal Code.
11. It is further understood and agreed by Subdivider that
any engineering costs (including plan checking, inspection,
ma::erials 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 s::reet 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 recorda::ion of the Final Map,
wi::h City a sum of money sufficien:: to cover said cost.
12. It is understood and agreed that until such time as all
Improvemen:: Work is fully completed and accepted by City,
Subdi vider ;,iill 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 Dr deficiencies arising during said period as
a result 0: the acts or omission of Subdivider, its agents or
employees in the performance of this agreement, and that upon
acceptance of the work by City, Subdivider shall grant to City, by
appropriate conveyance, the public improvements constructed
pursuant to this agreement; provided, however, that said acceptance
shall not constitute a waiver Df 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 Dccasioned by reason of the acts or omissions
of Subdivider, its agents or employees, or indemnitee, related to
this agreement. Subdivider further agrees::o 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
-4-
30-
da¡;,ages 1.:> adjacent or downstream properties or the taking of
pr:operty fr::>rn :owners of such adj acent or do,mstream properties as
a result 0:: the construction of said sub:5.ivision and the public
improvemen::s 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 Df this paragraph shall
bec:ome effective upon the execution of 'Chis 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 Dr its agents, officers, and employees from any claim,
action, or proceeding against the city or i'Cs agents, officers, or
employees tD 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 ,.'i thin the time period
provided for in Section 66499.37 of the Governmen'C Code of the
Sta::e of California.
IN WITNESS WHEREOF, the parties hereto have caused this
agreement to be executed the day and year first hereinabove set
fDr'Ch.
THE CITY OF CHULA VISTA SUBDIVIDER: THE EASTLAKE COMPANY
LLC
See attached signature page
Mayor of the City of Chula
Vista
ATTEST
City Clerk
ApprDved as tD form by
GiV//3'j)"^ L . f -;:¡j;; -j!,7
I (/ . ;or i I. .~ ,.;.{,v,/ ..,~~. '))1-. ,..,
City Attorney j ¡ ,---
(Attach Notary AcknDwledgment)
-5-
3/
New EastLake SiImature Block
THE EASTI.,AKE COMPANY, LLC
By: /Þ-4?4*
Pall] G. Nieto, President
By: m~~
V,jlLQ.w 1. Ostrem. Vice President
!3n.¡C-e 5IoaJL!
3;z..
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT No. 5807
State of California
County of San Diego
On May 21, 1998 before me, Silvana C. Brazell, notary pub lie
DATE NAME. 1TT1£ Of OfFICEA - E.G.. 'JAN£ DOE. NOTAAY PU8UC-
personally appeared Bruce N. Sloan and Paul Nieto
NAME(S) Of SlGNEA(S)
ŒI personally known to me - OR - 0 1'1'~to-me-eR-tRe-basi&-e~sa,tisfaGtQJ¥-Q\tjQQR~
to be the person(s) whose name(s)-jg/are
subscribed to the within instrument and ac-
knowledged to me that -hefshe/they executed
the same in -ftj5flT~Htheir authorized
capacity(ies), and that by -hfsfh.eí/their
signature(s) on the instrument the person(s),
I @ SLY_~""",,- I or the entity upon behalf of which the
- t COMM. #1188721 0 person(s) acted, executed the instrument.
iÈ. ~~~
to) ~EI ÎI8'" WITNESS my hand and official seal.
I . . ARY 12, 2002 ,
~' c t
? Úv/Z.ucJ". 37tL~
SIGNATUAE OF NOTARY V
OPTIONAL
Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent
Iraudulent reattachment 01 this lorm.
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT
0 INDIVIDUAL
0 CORPORATE OFFICER
ffiLE OR TYPE OF DOCUMENT
1TT1£(S)
0 PARTNER(S) 0 LIMITED
0 GENERAL
0 ATTORNEY-iN-FACT NUMBER OF PAGES
0 TRUSTEE(S)
0 GUARDIAN/CONSERVATOR
0 OTHER:
DATE OF DOCUMENT
SIGNER IS REPRESENTING:
NAME OF ÆRSON(S) OR £N1TTYQ£S1
SIGNER(S) OTHER THAN NAMED ABOVE
01993 NATIONAL NOTARY ASSOCIATION' 8236 Remmel Ave., P.O. Box 7184' Canoga Pari<. CA 91309-7184
33
-
LIST OF EXHIBITS
Exhibit "A" Improvement Security - Faithful Performance
Form: Bond
Amount: $1,326,100.00
Exhibit "B" Improvement Securi~y - Material and Labor:
Form: Bond
Amount: $1,326,100.00
Exhibit "C" Improvement Security - Monuments:
Form: Bond
.".mount: $41,000.00
Securities approved as to form and amount by
,:", ,r,,/', ~ ju: ,rc::t
!Y[.('ÝP;-1) I I Ûì(-'...-«-" 1~'I...'~'7
}YJ City'Attorney .l c
Imp~ovemenë Completion Date: T'\'JO (2) years f~om date of
Council approval of the
Subdivision Improvement
Agreement.
H: I hooelanorney\ "iaIELSG' 0, std
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3]L
ATTACHMENT 4
RECORDING REQUESTED BY: )
)
City Clerk )
)
WHEN RECORDED MAIL TO: )
)
CITY OF CHULA VISTA )
276 Fourth Avenue )
Chula Vista, CA 91910 )
)
No transfer tax is due as this is a )
conveyance to a public agency of )
less than a fee interest for which )
no cash consideration has been paid )
or received. )
)
)
------ ---------------- )
Developer )
)
-------------------------------------------)
Above Space for Recorder's Use
SUPPLEMENTAL SUBDIVISION IMPROVEMENT AGREEMENT
EASTLAKE SOUTH GREEN UNIT 10
(Conditions: Section V. Condition C, 1, 2, 3b through 3f, 6, 26,
27, 28, 29, 30, 31, 39, 42, 45, 47, 58, 61, 64, and 67 of
Resolution No. 18888, Condition No. 3 of Resolution 15200.
This Supplemental Subdivision Improvement Agreement
("Agreement") is made this 26th day of May, 1998, by and between
THE CITY OF CHULA VISTA, California ("city" or "Grantee" for
recording purposes only) and THE EASTLAKE COMPANY, LLC, a limited
liability company ("Developer" or "Grantor"), with reference to the
facts set forth below, which recitals constitute a part of this
Agreement:
RECITALS
A. This Agreement concerns and affects certain real
property located in Chula vista, California, more particularly
described on Exhibit "A" attached hereto and incorporated herein
("Property"). The Property is part of a project commonly known as
EastLake South Greens Unit 10. For purposes of this Agreement the
term "Project" shall mean "Property
B. Developer is the owner of the Property.
C. Developer has applied for and the City has approved
a Tentative Subdivision Map commonly referred to as EastLake South
1
3S
Greens, Unit 10 Tract 98-03 ("Tentative Subdivision Xap") for the
sub~ivision of the Property
D. The City has adopted Resolutions No. 15200 and
18888 ("Resolution") pursuant to which it has approved the Tentative
Subdivision Map subject to certain conditions as more particularly
described in the Resolutions, copies of which are attached hereto
as Exhibits "A" and "B", incorporated herein.
E. City is willing, on the premises, security, terms and
conditions herein contained to approve the final map for which
Developer has applied as being in substantial conformance with the
Tentative Subdivision Map described in this Agreement.
NOW, THEREFORE, in exchange for the mutual covenants, terms
and conditions herein contained, the parties agree as set forth
below.
1. Agreement Applicable to Subsequent owners.
1.1 Agreement Binding Upon Successors. This Agreement
shall be binding upon and inure to the benefit of the successors,
assigns and interests of the parties as to any or all of the
Property until released by the mutual consent of the parties.
1.2 Agreement Runs with the Land. The burden of the
covenants contained in this Agreement ("Burden") is for the benefit
of the Property and the city, its successors and assigns and .any
successor in interest thereto. City is deemed the beneficiary of
such covenants for and in its own right and for the purposes of
protecting the interest of the community and other parties public
or private, in whose favor and for whose benefit of such covenants
running with the land have been provided without regard to whether
City has been, remained or are owners of any particular land or
interest therein. If such covenants are breached, the City shall
have the right to exercise all rights and remedies and to maintain
any actions or suits at law or in equity or other proper proceed-
ings to enforce the curing of such breach to which it or any other
beneficiaries of this agreement and the covenants may be entitled.
a. Developer ReJ.ease on Guest BuiJ.der
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 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
2
36
obligations under this Agreement as it relates to the portion of
the Project which is being acquired by the Assignee.
b. Partial Release of DeveJ.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 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.
2. Condition No. 3 of Resolution No. ~5200 requires
developer 1:0 guarantee construction of improvements prior to
approval of a final map for each phase and to construct the
improvements prior to issuance of any building permits for a
subsequent phase. Specifically, Condition No. 3 requires the
construction of East Orange Avenue from Hunte Parkway to the
westerly subdivision boundary and Hunte Parkway from South
Greensview Drive to East Orange Avenue.
3. "General Conditions of ApprovaJ." of ResoJ.ution No. ~8888
Condition C. - Implement Previously Adopted Conditions of Approval
Pertinent to Project. In satisfaction of General Conditions of
Approval Paragraph V Condition C. of Resolution No. 18888 the
Developer agrees to comply with all unfulfilled conditions of
approval of the EastLake Greens Master Tentative Map, Chula vista
Tract 88-03, established by Resolution No. l5200 and approved by
Council on July 18, 1989, and shall remain in compliance with and
implement the terms, conditions and provisions of the EastLake
Greens Sectional Planning Area (SPA) plan, General Development
Plan, Planned Community District Regulations, Water Conservation
Plan, Air Quality Improvement Plan, Residential Design Guidelines
and Public Facilities Financing Plan as amended and as are
applicable to the property which is the subject matter of this
tentative map, prior to approval of the Final Map or shall have
entered into an agreement with the City, providing the City with
such security (including recordation of covenants running with the
land) and implementation procedures, as the city may require,
assuring that after approval of the Final Map, the developer shall
continue to comply with, remain in compliance with, and implement
such plans.
4. Condition No.2 of ReSOlution No. ~8888. In satisfaction
of Condition No. 2 of Resolution No. 18888 the Developer agrees to
install public facilities in accordance with the EastLake South
Greens, 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 Director may,
at their discretion, modify the sequence of improvement
construction should conditions change to warrant such a revision.
3
37
Streets, ROW, Public Improvements (Attachment 1, Resolution 18888,
Condition No. 3b through 3f):
In satisfaction of Condition Nos. 3b through 3f of Resolution
18888, the Developer is required to and hereby agrees to do the
following:
A. Construct the full street improvements for Olympic
Parkway from Hunte Parkway to the westerly subdivision
boundary or pay, if and when so requested by the City at
its sole discretion, Developer's proportionate share of
the cost of said roadway improvement.
B. P~ovide the City with security, in a form acceptable to
the City, to guarantee the full street improvements for
Olympic Parkway from Hunte Parkway to the Westerly
subdivision boundary and Hunte Parkway from South
Greensview to Olympic Parkway. The City Engineer is
authorized to release any bond provided by Developer if,
after consultation with the city Attorney, the city
Engineer, concludes that equivalent alternative security
has been provided which guarantees construction of the
Olympic Parkway improvements.
C. Grant an irrevocable offer(s) of dedication for all right
of way and temporary construction easements necessary to
construct the Olympic Parkway and Hunte Parkway segments.
D. Obtain, prior to approval of any final map, all off-site
right-of-way necessary for the installation of the
required improvements for this subdivision thereto,
including the Olympic Parkway and Hunte Parkway segments.
The Developer shall also provide easements for all on-
site and off-site public right-of-way facilities,
necessary to provide service to the subject subdivision.
E. Notify the city at least 60 days prior to consideration
of any final map by City, if off-site right-of-way cannot
be obtained as required herein. Afte~said notification
and prior to approval of any final map, the Developer
shall:
1. Pay the full cost of acquiring off-site right-of-
way or easements required herein.
2. Deposit with the City the estimated cost of
acquiring said right-of-way or easements. Said
estimate to be approved by the City Engineer.
3. Have all easements and/or right-of-way documents
and plats prepared, and appraisals completed which
4
36'
are necessary to commence condemnation proceedings
as determined by the City Attorney.
4. Request that the City use its powers of Eminent
Domain to acquire right-of-way easements or
licenses needed for off-site improvements or work
related to the final map. The Developer shall pay
all costs, both direct and indirect, incurred in
said acquisition.
5. Condition No.6 of Resolution No. 18888. In satisfaction
of Condition No. 6 of Resolution No. 18888, the Developer agrees to
remove and relocate two (2) street lights from Station No. 22+75
Right to station 23+60 Right and from station No. 24+50 Right to
sta"'cion 24+97 Left, as shown on Drawing No. 95-209, to provide
illumination at the two new locations prior to the 100th building
permit issued for the Project (Unit 10) or prior to 15 calendar
days following removal of the existing lights, whichever date or
event first occurs. Final street light locations shall be approved
by the City Engineer. Developer has provided bonds for said
improvements by Bond No. 158541668.
6. Condition No. 26 of Resolution No. 18888. In
satisfaction of Condition No. 26 of Resolution No. 18888, the
Developer agrees that the city may withhold building permits for
the subject subdivision if anyone of the following occur:
a. Regional development threshold limits set by the
East Chula vista Transportation Phasing Plan have
been reached.
b. Traffic volumes, levels of service, public
utilities and/or services exceed the adopted City
threshold standards in the then effective Growth
Management Ordinance.
c. The required public facilities, as identified in
the PFFP or as amended or otherwise conditioned
have not been completed or constructed to
satisfaction of the city. The developer may
propose changes in the timing sequencing of
development and the construction of improvements
affected. In such case, the PFFP may be amended as
approved by the City Planning Director and Public
Works Director.
7. Condition No. 27 of Resolution No. 18888. In satisfaction
of Condition No. 27 of Resolution No 18888, the Developer agrees 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 councilor any approval
by its agents, officers, or employees with regard to this
5
3f
subdivision pursuant to Section 66499.37 of the State Map Act
provided ~he City promptly notifies the subdivider of any claim,
ac~ion or proceeding and on the further condition that the City
fully cooperates in the defense.
8. Condition No. 28 of Resolution No. :1.8888. In
satisfaction of Condition No. 28 of Resolution No. 18888, the
Developer to agrees to hold the city harmless from any liability
for erosion, siltation or increase flow of drainage resulting from
this project.
9. Condition No. 29 of Resolution No. :1.8888. In
satisfaction of Condition No. 29 of Resolution No. 18888, the
Developer agrees 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 and to restrict access to the conduit to
only those franchised cable television companies who are, and
remain in compliance with, all of the terms and conditions of the
franchise and which are in further compliance with all other 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.
10. Condition No. 30 of Resolution No. :1.8888. The Developer
agrees not to protest the formation of an assessment district or a
community facility district to finance the construction of the
length of.Olympic Parkway from 1-805 to Hunte Parkway, and agrees
to construct or participate in the financing of phased improvements
for Olympic Parkway in accordance with the Feasibility and
Financing Study for Olympic Parkway as adopted by the ci ty.
Notwithstanding the foregoing, such financial participation shall
be at a minimum equal to the full cost of improvements of Olympic
Parkway from Hunte Parkway to the westerly subdivision boundary.
11. Condition No. 39 of Resolution No. :1.8888. In
satisfaction of Condition No. 39 of Resolution No. 18888, the
Developer agrees to comply with the terms and conditions of the
Acquisition/Financing Agreement for Assessment District 94-1, CO
94-064, approved by Council Resolution 17483 as said terms and
conditions may be applicable to this development.
12. Condition No. 42 of Resolution No. :1.8888. In
satisfaction of Condition No. 42 of Resolution No. 18BB8, the
Developer agrees that the Declaration of Covenants, Conditions and
Restrictions shall include provisions assuring maintenance of all
open space areas as applicable, streets, driveways, drainage and
sewage systems which are private. The City of Chula Vista shall be
named as party to said Declaration authorizing the city to enforce
the terms and conditions of the Declaration in the same manner as
any owner within the subdivision.
6
J/c;
13. Condition 110. 45 of Resolution 110. 18888. In
satisfaction of Condition No. 45 of Resolution No. 18888 the
Developer agrees to provide for the following:
For walls which are located within the open space maintenance
district, owners of adjoining lots shall sign a statement when
purchasing their homes that they are aware that the wall is on Open
Space property 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&Rs for each lot.
14. Condition 110. 47 of Resolution Iio. 18888. In
satisfaction of Condition No. 47 of Resolution No. 18888 the
Developer agrees to submit detailed irrigation plans and water
management guidelines for all open space landscaping in accordance
with the Chula Vista Landscape Manual. The plans are subject to
approval by the Director of Planning and the Director of Parks and
Recreation Department.
15. Condition 110. 58 of Resolution 110. 18888. In
satisfaction of Condition No. 58 of Resolution No. 18888 the
Developer agrees to submit copies of Final Maps in a digital format
such as (DXF) graphic file prior to approval of each Final Map.
Provide Computer Aided Design (CAD) copy of the Final Map based on
accurate coordinate geometry calculations and submit the
information in accordance with the City Guidelines for Digital
Submittal in duplicate on 5-1/4" HD or 3-1/2" disks. Submit as-
built improvement and grading plans in digital format. Provide
security to guarantee the ultimate submittal of improvements and
grading digital files. Update electronic files after any
construction pen and ink changes to the grading or improvement
plans and resubmit to the City.
16. Condition No. 61 of Resolution IiO. 18888. Prior to
approval of the final map and issuance of grading permits,
Developer agrees to provide a comprehensive fencing/retaining wall
program incorporating the following fencing standards:
a. Where privacy fences are installed directly over, or
i:mmediately adjacent to retaining walls, the overall
wall/fence height shall not exceed 8 feet. Where higher
retaining wall/fence conditions occur, a four foot
landscape transition strip between the wall and the fence
shall be provided.
b. Retaining walls along interior and exterior property
lines shall not exceed 4 feet in height.
c. Fences, retaining walls or a combination of both located
within the required front setback area shall be limited
to forty-two inches (42") in height.
7
41
d. Provide a design and install 5 foot high decorative
fences along the exterior side yard of all corner lots.
17. Condition No. 64 of Resolution No. 1.8888. In
satisfaction of Condition No. 64 or Resolution No. 18888, the
a. Notices. Unless otherwise provided in this
Agreement Dr by law, any and all notices required Dr 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. Facsimile
transmission shall constitute personal delivery.
CITY OF CHULA VISTA
276 Fourth Avenue
Chula Vista, CA 91910
Attn: Director of Public Works
Developer:
THE EASTLAKE COMPANY, LLC
900 Lane Avenue
suite #100
Chula Vista, California 91914
Attn: William T. Ostrem
Vice President
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. Facsimile transmission shall
constitute personal delivery.
b. Captions. Captions in this Agreement are inserted
for convenience of reference and do not define, describe or limit
the scope or intent of this Agreement or any of its terms.
c. Entire Agreement. This Agreement contains the
entire agreement between the parties regarding the subject matter
hereof. Any prior oral or written representations, agreements,
understandings, and/or statements shall be of no force and
effect. This Agreement is not intended to supersede or amend any
other agreement between the parties unless expressly noted.
d. Preparation of Agreement. No inference,
assumption or presumption shall be drawn from the fact that a
party or his attorney prepared and/or drafted this Agreement. It
shall be conclusively presumed that both parties participated
equally in the preparation and/or drafting this Agreement.
e. Recitals; Exhibits. Any recitals set forth above
are incorporated by reference into this Agreement.
9
.1/3
f. Attorneys' Fees. In the event of any dispute
arising out of this Agreement, the prevailing party in any action
shall be entitled to reasonable attorneys' fees in addition to
any other costs, damages, or remedies.
IN WITNESS WHEREOF, the parties hereto have caused this
Agreement to be execute the day and year first hereinabove set
forth.
[NEXT PAGE IS THE SIGNATURE PAGE]
h: Iho.e\attorneyl ssia \elsg10
10
74£
Signature Page to Supplemental Subdivision Improvement
Agreement for Eastlake South Greens Unit 10
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 SUBDIVIDER:
*THE EASTLAKE COMPANY, LLC
By:
Mayor of the City of Chula Name:
Vista Title:
By:
ATTEST Name:
City Clerk Title:
Approved as to form by
City Attorney
*PLEASE SEE ATTACHED SIGNATURE
PAGE
(Attach Notary Acknowledgment)
1/6
New EastLake Si£nature Block
By:
Ifþ
ÇALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT No. 5907
State of Ca1iÍornia
County of San Diego
On May 21,1998 before me, Silvana C. Brazell, notary public,
DATE NAME,1ffi.E OF OFFICER. EG., "'JANE DOE, NOTARY PUBLIC"
personally appeared William T. Ostrem and Paul Nieto
NAMEIS) OF SIGNERIS)
IKJ personally known to me - OR - 0 pr6...æ4ø-ffl~H>f!-tfle-ba5is-ef-5atisfaetÐfy--evideA€:e
to be the person(s) whose name(s) '¡s/are
subscribed to the within instrument and ac-
knowledged to me that -helsAeithey executed
the same in -I=ti-stl=lef/thei r authorized
capacity(ies), and that by -h-istt:¡.eFltheir
I @ "VMlAC.BRA2Eil I signature(s) on the instrument the person(s),
or the entity upon behalf of which the
- I COMM. #"69721 (') person(s) acted, executed the instrument.
(.), IIOTAR\'~ In
en a - SAN DIEGO COUNTY (')
(.) - Cornmiooion &pi -
I -...' ~RUARY12.m I WITNESS my hand and official seal.
J --dvð,A/.£'J C~. IlbA;¡.c£<
SIGNATURE OF NOTARY V
OPTIONAL
Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent
fraudulent reattachment of this fOnTI,
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT
0 INDIVIDUAL
0 CORPORATE OFFICER
TITLE OR TYPE OF DOCUMENT
1ffi.EIS)
0 PARTNER(S) 0 LIMITED
0 GENERAL
0 ATTORNEY.iN-FACT NUMBER OF PAGES
0 TRUSTEE(S)
0 GUARDIAN/CONSERVATOR
0 OTHER:
DATE OF DOCUMENT
SIGNER IS REPRESENTING:
NAME OF PEASONIS) OR ENmYIIES)
SIGNER(S) OTHER THAN NAMED ABOVE
=1993 NATIONAL NOTARY ASSOCIATION. 8236 Remmel Ave" P,O. Box 7184. Canoga Perl<, CA 91309-7184
r/'1
EXHIBIT "A"
Property Description
THE LAND REFERRED TO HEREIN IS SITUATED IN THE STATE OF
CALIFORNIA, COUNTY OF SAN DIEGO, AND IS DESCRIBED AS FOLLOWS:
PARCEL 2 OF PARCEL MAP NO. 17644, IN THE CITY OF CHULA VISTA,
COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, FILED IN THE OFFICE OF
THE COUNTY RECORDER OF SAN DIEGO COUNTY, JANUARY 26, 1996 AS FILE
NO. 1996-0041318 OF OFFICIAL RECORDS.
Jlt
, ,
,. Revised 7/25n ?J, "Z-d-.
A ITA CßMENT 5
m:sownON ro. ..l5-200
RESCr~"':'ION OF 'l'E!: CITY ~;" D: '7:E CI:';' CJ? Q1ùl.J; VIS':'J..
AI'?R:TVIN:; ~TJVE MAP FOR D.5":~ GREENS, CHULA VI.5TA -
~cr88-3 ...
-
The City COUncil of tile City of Chula Vista does hereby resolve as
follows:
WEER::A5, the proposed subdivision for the EastLake Greens area
~s 830 acres of land located in the eastern portion of the City of
Chula Vista ~ of :I-805and south uf Otay Lakes R:>ad, and
~, the subdivision incluèø..s streets, 0?"J1 space, church sites,
CO!II1!ercial 10::s, park sites, school sites, conõominiurn lots and single-family
10+-..5, 1md
wm:RD.s, the EnviIomœntal I1Ipact Report :=:IR-86-4 was considered
-previously., and
w~.s, onJUTIe 21, 1989., the Planning CO!mnission, by a vote of
6-0, rt!COJllllenóeà that the CoØncil approve the EastLake Greens "I-entative Map
subject to the following:
On an interim basis, Parcels 1<-24, 1'.-25, 1'.-26, 1'-27, anõ R-28 shall
be zoned at the target àensity of <1.5 dwelling units per acres. A maxillUm of
4,034 units ~..lJ. be approved for EastLake II un'.:il such time as the
guiòelines "for exceeding t.'Je target òensity for the General Plan Update lire
resolved. The :following proceàure will =r to àetennine aàditional
òensity, if any, :for the EastLake project.
a. .Bpeci£i c guidelines for -exceeding the target General Plan
àensi ty will be lIdopteð;
b. '!'he adopted General Plan policies will be applied to determine
the incremental units to be aèòed to Eas::.Lake II.
c. The units fr "'" the new calculat~on will be distributed to these
five parcels or other =ubdividea pottion of EastLake Greens
"1"entati veMap.
d. 'The SPA :1>.lan _a "1"entative :Map will be returned to the Planning
CcnIuission .ana City Council for adoption of the incr-easeð
density, if 1II1Y.
N:JW, ~, BE IT RESOLVED that the City Council of the City of
Chula Vista does bereby lIpprove the tentative map for EastLake Greens, Chula
Vista 'l'ract BB-3, based on the findings set. forth herein and subject to the
follœing =ðitions:
:Engineed11g DeDartnent Conditions:
1. Public iJIprovenents reguired in this resolution shall include, but not
he lDitea to: 'A.C. pavement ana base, c:oncrete curb, gutter and
1/1
-~ -, ~
siòewa1\(, traffic signals, street lights, traffic signs, street trees,
fire hyêrants, sanitary sewø..rs, water and drainage facilities.
'-
~.11 ill:?'"-°venents shall be designeò and constru::t€'Ó in a=n:Jance wi th
City stllnœ.:-ds. -
...
2. ".!be developer shall be Ie5JX]nsible for: _n '
B. ~ construction 'of public street improvements of ,all .streets shown
on the tentative 1IBp within the .subdivision.
b. The ~..ruction of public street improvements for all off-site
portions 'of Otay lakes :Road, Bunte :Parkway" Palœar Str.eet and
Orange Avenue along the full length of the subject property. :Full
...idth :i1!provenents shall be required unless the developer can
~..rate to the satisfaction of the City Engineer that partial
inprovements -..:ill lIeet the Cit@ .standariJs for traffic, bicycles,
pedø..strians 'and parking. TransiÎions to -exi.sb7Jg :improvements .shall
.be proviòedas reguir¿¡ by the City Ð'lgineer.
ø Ã. ~ developer shall guarantee the constrl1C"..imJ of the following
inprDvenen+-...s pri~ to the ,approval of the fimù :nap for any of the
phases of development identifi¿¡ in the EastLake Greens phasing
plan. ".!be developer 11aY submit an alternate proposal to provide
access to ,any individual or group of phases identified 'herein. Said
prop::>sal shall be submitted for review and approval by the City
Engineer.
Phase Facilities }ieeded -(See table J for description of
each facility.)
1A 1,2
IB 1, 3, 4, fl, 15
IC 1, 2, 3, 5, 7, B, 9, 13, 15
ID 1" 2, ti, 7, B, 9, 10, 13, 15
2 1,2,6,7, B, 9,10,15
3 1,2, 2a,6,7, B, 9,10, 11, 12,T4,15
'* Fat:ilities that shall be guaranteed prior to ilpproval of final
1IBp for the co!!e5JX]nding phase and completed priur to permits
beiDg issued for thesubseguent phase .(l.'€.., facilities for lA
through D 'COIIIpleted .before :permits for Phase :2 ar-e issued).
b. ~ developer shall guarantee the construction of all :interior public
:iJtprovements reguir¿¡ for development of any unit 'Of Development
prior tD approval of the Final Subdivision Map for said unit.
4. Right turn lanes and DUal left turn lanes shall :be provided at the
intersectitm of any ,of the following street classifications: œjor-major,
1II!Ijor~dJne 1lrterill.l. prime arterial"'i'!imeart'€rial.
5. J>alomar Street from the '-..sterly subdivision :boundary to EastLake Part;way
shall .be ,amstructed as 'ëI 4-1anecollector (74 feet from curb-tCK:Urb).
So
--- ,-,
\
'£. Jio Mrect access Ïor residentie1 òriveways will be a11oweò tD StTeet "A",
EastLake Parkway.. Bunte Parkway, Street -E"" "'Do Street, Street of", D>...ay
Lakes J!œd, Drzmgo>.. Avenue and PalOll£T Street. The location of stTe<'..L
=tries .zmò 'lllajor entries £or 1IIJlti-family pro~s to the above streets
shall be ¡:pproved by tile City Engineer.
7. "
lDt Ïrontage 'On c:W.~sac::s ~a knuclù.es shall 11Ot :be It$S than 35 £eet-
UIÙt$S ~ed by tile City :Engineer.
B. a. A tnDsiticn to existing i~rovements is reguired on O"..ay lakes 'Road
-east of Bunte Paricw<!Y. Said transition :shall :be :approved by the City
EngjDeer.
ÌJ. ~ iJI+-..ersection of .Bunte J'Bricw<!Y and Drïmge Avenue :shall reguire
:special treabnent to transition to the prime arterial s+-...atus of Hunte
Parb¡aysoutherly of said interS!!Ction.
nBLE I
lESCRIPTION DF DN5ITE ~OO FACILITIES
-
Facility N:J. Street Portion
1 :=:astLake Parlcway Otay Lakes Road tD Street -D"
2 EastLake Parkway Btreet "'D- to the Interim
~eDlÚllUSSouth of the .5DG&E
Easement
2a EastLake Parkway :Flùomar Street to the Interim
Terminus South of the SDG&E
Easement
3 Street D EastLake Parkway to North
Street -Ao
~ .North Street "'¡.;" Street "'D- to Hunte Parkway
5 ~rth :street "'1\- :Street "'D" to Street "'E"
6* ;Soutb .street "'A'" Street "'D" to Bunte Parkway
7 Street "'E" East:Lake Parkway to Street "A"
S Bunte Parlcway Otay Lakes Road to South
1!oundary of Phase 1B
9 Bunte Paricw<!Y Street -Eo to North 1!oundary
of Phase J.C
10 Bunte Parlcway Street -Eo to 'South 'Street -A-
C;"f:A;;- ç ~ (,..t1. Þfè I .; ~
/- qr - (II v'E7éAÞD - '-
>ì ....¡ .... - '-' 51
~1'; ~,~ LrJ8R()JSt'
-, ~ -
11 Bunte Pa~icway ~ Sou:h Street -A" to Oran?"
'>'venue
-
12 Orange~venue Runte Parkway to W<'...st
- lbundary of SUbdi vision --
13 Street -£" Street -",* to Bunte Parkway
14 PalornarStreet EasUa k e Parkway to West
Bounèary of the Subdivision
15 Dtay Lakes "Roaa Lane Avenue to Bunte Parkway
. In conjundon .with àeve1o¡:xnent at Phase lD, àeve1oper may CDnstruc:t
ehher that portion -Of South Street A to CDDnect Street QQ to Street -D"
Dr that .FOrtion to Bunte Parkway.
9. Dnåergrouna traffic signal i!quipment ana traffic signal standards shall be
installeð Iit thefol1~ng intersecticr.s:
EastLake :!'arkway ana Otay Iakes Roaa
EastLake :!'arkway and "D' Street
Eas'"..Lake Parkway and "£" Street
~..Lake Parkway and Palonar Street
Bunte Park.lay and Otay Lakes Road
Hunte Par ç¡,ay and north Street W,"'"
Runte Parkway and 'E" Street
Bunte Park-waY and south Street -A"
Bunte Parkway ana Orange Avenue
wE' Street and Street -A"
~" Street ana north Street -A" -
flast arms, signal 'heads ana associated egui~nt shall not be insta1leè
unless approved by the City Engineer.
10. ~terconnect concJuit. pull boxes and pullrope shall be installed to
ccnnect £olic.ling i'I1t~ection signal systems.
Otay lakes 1Ioað/.Route 125 toOtay Iakes :Road!EastI.ake Parkway
0tZIy lakes :Road/EastLake parJëway to Otay Lakes :RoadlHunt!! Parkway
.Ot:ay 1.akes :Road/EaStlake Parkway to Eastlake parkway/oDe Street
EastIake ParkwayrD" Street to North Street -A" rD- Street
EastLake ParltwayrD" Street to FastLake Parkwayrr Street
EastLake Parkway rr Street to EastLake Parkway /Palomar Street
Hunte Parkway /Otay Lakes Road to Bunte Parkway /North Street" A"
'Bunt!! Parkway/Street -A" to Hunte Parkway/'r Street
East!alce ParJr:way rr Street to Street -A ,r£" Street
Street wAw rr Street to Hunte Parkway 1"£' Street
Bunte Parltwayrr Street to Hunte Parlcway/North Street "A-
Bunte ParJr:way/South Street -A" to Hunte Parkway/Orange Avenue
Drange Avenue 51St of Bunte parkway to subdivision boundary.
5:,2-
- ~,
11. a. A conditional use permit shall be filed ..ith the City for the golf
course, clubhouse, and related s-&rning and tennis facility prior to
issuzm::e of building permits for purposes of regulating operations,
uses, and site design. -
b. :Locations where ~lf course crossings of str~ts are proviDed :sha!l
.be clearly signed mJd 1JIarkeð. ';q¡¡ere :str~ts being crossed Bre
c1assi:fied to carry traffic at a .speed grater than 25 :nph, such
crossings .shallcnly .be at intersections or through the nse of graòe
separmion structures.
~. ~ œvel(Jper or other subseguent. owner of the golf course shall
agree 1:0 :be responsible for the pajlmE!rlt to ~ City of ongoing repair
ana lIiÙntenanœ c:os'-..s of mJY graœ separation structures which 1II3Y be
reguired for the bø...nent of the golf =urSf'.
d. Q:ùf =urse safety features shall :be r-eviewed by the City ;Engineer in
c:onjanction with =struction of the golfC"Ouæe.
12. 1,11 streø:..s which intersect other str-eets at or -near horizontal or
vertical crves .must :meet intersection design sight distance requirements
in a=rãan:::e withCi~ standards.
13. a. Bus :stops with =-ete benches shall be proviòea -along both siòes "Of
Street -A" adjacent to the intersections ..ith the "follc"dng streets:
Str~t -E", Street -G"., .Street --D" T Street "00" -ana .StTeet "FFF".
Bus turnouts shall be provided to the satisfaction of .the City
Engineer.
b. Bus :stops with concrete benches shall be proviòea along both siòesof
Jllmte :Parkway -adjacent to the intersections with cStTeet -E" -and Bouth
Street -A-. Bus .shelters as approved by the City ;Engineer shall be
provided ~ong both si des of £ast!.ake hrkway adjacent to the
intersection with StTeet -E" or appropriate iÙternative locations.
14. Pight turn lanes shall be provided on Street" A- at the intersections of
.5:.Teet -A- with Street -D" ana south Street -1;.- ..ithHunœ Parkway- A
right turn lane shall be provided on East1.ake Park..ãy at its intersection
with str-eet -£".
15. a. All streets within the DUlti-family .develDfŒ!I1ts .ana the ac::cess road
to 1Jnit 29 shall be private. Detailed bori20ntaJ. and vertic::al
2I1ig¡ment of the centerline of said st.r~ts :shall :be reflected l>n the
iDprDVelll!nt plans for said developments. Des1gnof said streets
shall æet the City standards for private str-eets.
b. Privaœ streets in Units 1 ana 2 (sitJgle family detached lJIlits) .shall
1Jeet City stanàards for public streets or .standards .acœptabli! to the
City ?;ngineer.
t:. All :Subdivisions proposing privAte stTeets .-ithcontrolled ac::œss
devIces. .such 1IS9Ates~ shall cor+-...ain the follOlJing features:
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(1) Gates shall be approved by the City Engineer. Gates shall be
located to provide suffi5ent room to queue up without
interrupting traffic 00 public streets.
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(2) A turn around shall be provided at the IDeation of the gate.
The si%e 1!II1d ~tion of said turn around shall be approved ~ '
tiJeCity J;:ngineer.
(3) ~ :border .between plblic street and private street shall be
œJ..ineateð through the use of èistim:tive pavement.
(-4) :Provisions shall :be Jlade :for energenc::y vehicle ac::œss.
16. Ul the ~-=-eets shown on the subject ten::ative rep within the subdivision
:.ounda...J', ex:::oept as Ò"-scribed above, shall be àedicated for public use.
Detailed borizontal :and vertical 1Üignment for said streets shall be
xeflected DI1 the :i11prDVements Plans for the subject subdivision or :any
nnit ther-eof. :Design of said streets shall :meet all City .sbmdards for
public streets.
tr7) ~ owner shall grant to the City street tree planting and 1IIiÚntenance
-- fY"~ easements 2Ùong :allplblfc .s+-...reets withiTl the subdivision as shown on the
,. tentative 1IBD. Said -easenent shall extend JO feet :fran the :back of the
('~ r:- sidewalk ex~ on "Bunte .Parkway and portions of EastLake Parkway as
.~. .i-'..... ,provided b<o...J.ow. Along Hunte Parkway, said easement shall extend 10 feet
. '.;-',or.:c :::rcm the prop"..rty 1i1le and shall contain DO slope steeper than 5:1
:;0, (horizontal to vertical ratio). ~ entire area of said tree plantiTlg
easement along Bunte Parkway shall beoff-ereè for dedication on the
subdivision 1IapS for future .street puIposes. ~ tree planting .easenent
2Ùong those portions of :EastLake Parkway contaiTling meanàering sidewalks
shall =incide with the prOfOseð sidewalk easement as shown .on the
Tentativr-Map.
lB. ~ owner shall grant ct:o the City a 10 foot sidewa1keasement adjacent to
the property line for the installation of a meandering sidewalk at the
follD\ol'ing locations:
ð. Otay lakes Road along the full length of the frontage of Unit 17.
b. East:I.alte Parkway -along the frontage of ¡)¡¡its .29" 34 and 32 (north
of the :intersection èf -.f" Street).
c. Street E (¡;[.".Á~~
- ~ Eastlake Parkway and Street - along the frontage of Unit
25.
- Between Street .A and "Bunte Parkway - along the frontage of Units
28, 29, 37!IIIÒ 39.
29. PrlDr to 'the a¡proval 'Of any final Jlap for subject subdivision or any unit
thereof, the subdivider .shall obtain all off-site right-of-way necessary
for 'the :iDst:.a11ation 'Of required i11provements :for that unit.
5f
If the developer requests the City to use its pc:rwers to acquire saiè
off-site right-of-way, the developer 'š:üùl pay ill costs, bif...h direct ana
indirect incurred in said ac:quisi tion.
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20. ~ i!evel¥r shall S[ant to the City l' =rr..rol lots adjacent to the
following streets: - - ..
ZI. South end of :Eastl.ake Parkway.
b. South end III1d est side of Bunte Parkway.
c. Both ends of Street A.
è. 'Bothenòs of Orange Avenue.
e. "West -end ~ southerly siðe of J>a1omar Street.
ç Both siòes of Orange Avenue.
21. .s---rlping plans shall be provided for the follcrwing streets: Street -A",
Street "'!J"" Street ar, EastLake Parkway., Hunte Parkway, Orange Avenue,
Otay Lakes :Road :and Palonar Street.. Striping plans shall :be approved in
amjunction -with, ~rCIVement plzms for said streets.
22. Prior to the lIWTOW of any final subdivision lDapwhich includes a
portion m the streets listed be1D1o', the developer shall submit plans
àem:mstr:ating the feas1bllity of the extension of the said streets:
ZI. EastLake 'Parkway - from1>alomar Street to Ora:lge Avenue.
b. Hunte Parkway - from Dt.ay 1.akes J!Dad to East -E" Street.
~. 1>alOlllar Street - fID!IIthe subject subdivision a mini= distance of
l"DOO Ít.westerly.
d. Orange Avenue - a :miniJlLUlldist:mJœ of 1,000 ft. westerly.
23. 21. ~developer shall submit calc:u1atfons to demonstrate compliance
with all drainage reguirementsof the SubòivisionManual to include,
but :not :be limited to, dry lane reguir~ts. Calculations shall
2ÙBO :be provided :t:D denDnstrate the adequacy of downstream drainage
structures, pipes and inlets.
b. ~..:fic methods of handling stem drainage are .subject to detailed
.aFP!"cval by the City Engineer at the time of submission of
i1lpI'oveøent and .grading plzms. Design shall be .a=n;>lished on the
basiB of the reguirementsof the Subðf vision 1'1anual ana the Grading
Drðinanœ i{t1797 as :amended).
c. Graded ac::cess shall fie provided to all storm 'drain structures
iTJC1udjng inlet !II1d outlet structures as required by the City
J!:ngineer. Paved 1Ic:œss shall be provided to drainage structures
located in the rear yard of'ðrlY residential lot.
24. I!.. ~ developer shall obtain notarized letters of permission for all
off-site grading worlt prior to issuance of grading permit Íorwork
yeguir:iDg :said off-sitegrlSding.
b. !Dts shall be :so graded mI to drain to the street or to æJ a.FÇroved
drainage system. 'Drainage shall not be permitted to fl1Jlol over slopes.
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25. Sewer 1II/II1holes shall be proviœd at ill c:hang--..5 of alignn..-Jlt and grade.
~rs se::ving 10 or less equivalent è7welling uni::..s shall have a mininum
g-..ade of 1\.
26. The developer shð11 ~ly with ill relevant federal, state and local
r~1!ItiQ}S. JDc1uðing.. the Clem Water Act. The developer shall--- ~
resp:msibJ.e for providing .all required testing and iXx:unentation to
œncnst:rate said CDmplizmœ 21S required by the City Engineer.
27. }, paved ~c:cess road with 11 ,mlnillUm width of 12 feet shall be proviœd to
~ sanitary :sewer lIiIDÌIOles. The roaèway shall be designed for 2IJ) E-20
wheel'load or uther loading 1!IS lIpproved by the City blgineer.
28. The developer shill grant easements fer all off-site public storm drains
and sewer íad.1ities p=iDr to approval of any final map reguiring those
fadlities. EaSements shall be .a :minimDn width of six :feet ;¡y:eater than
pipe .si2e. .but :in no œse, less than 10 feet.
29. An erosion 2lI1d :sedi'mentatioo rontrel plan shall be incluœd as part of the
grading Flzms.
,~ ()~
;5"'fb. ,'30..; The deve1C7per shall e1ft:er into an -agreement whereby the developer ~grees ¡", 1t I'
, -..-" that the City ltay withheld :building permits :ror :any units in the subject 'J V
subdivision if traffic on Otay Lakes Road, ~legraph Canyon Road, :EastLake ! ì h
Parkway, or East -E" Streø-texœed the levels of service identified ill the ¡): .
City's ilOOpted thresholds.
,/',
,- ~ - L. '31. è.. The prq>etty ownø-r shall agree to not protest fornation of II district
:;0-- '- for the 1taintenance of the drainage channel in Telegraph Canyon. .., ("
D. ~ property owner shall agree to Dot protest formation of II district
far the :mainteumœ of lanàscateèl 1IIedians and parkways along streets
within and .adjacent to the subject prq>erty.
c. The propettyowner shall i!11ter into 2IJ) ~greement wherein he agrees to
not protest fornation of an assessment district :ror the construction
of :street i1lprovements to connect Oran,... Avenue and Palamar Street to
existing :iDprovements to the west of the subject propertj' and to not
protest :inclusion of the subject :b1provements 1!IS projects in the
EasteI:D ~tories Developnent ~ct Fee system,
32. iI. All:sanitary sewer fic:ilities required far development of .any lot,
Imit or phase sbal1 be guaranteed prior to recordation of a
:subdivision .map :far said ~ot. 'unit or phase.
b. ~ œve1oper st2J1 provide for the costs associated with maintenance
of the sewer pump stations prior to awroval of any subdivision .maps
vhic:h shall require said puIIp stations to provide sanitaIy sewer
service.
c. 'Jbe œve1q>er sI1zù.1 'obtain permission fran the City to deposit _age
in 3 :foreign basin prior to awrovaJ. of any subdivision .map Which
sba11 require CBny :sewage to be transferred fran an -existing basin
a
into another basin. The permission shall be in the form of ar.
agreement whereby the City s1'lall. agree to such transfer, and the
developer shall agree to the cons~ruction of certain inprovements in
the system that ...ill accept said sewage and to the cir~s
unDer which said ~ssion nay be revoked.
33. l'rlor to the approval of any final lIilp for any lot or unit, the owner
shill guarantee the .construction of all irncrovement (streets, sewers,
drainage, utilities, etc.) deemed necessary to- proviae service to such lot
or unit 111 lI=rdancewith City standards.
,,-' _, 34. :?rior to 2Ipp!oval of any subdivision nap for single family residential II L
use. The rlevelopershall submit !l list of proposed lots indicating IL
loIhether the structure ...ill be located on fill, cut, or a transition
between the two situations.
.., ~5. South Street -A- and Street *1:" (between Street eA- and .lIunte parkway)
-;:..\ ' .shall be 52 fi:!et .wide (curb-to-curb) within 72 feet of right-of-way to
. provide :for un-str.eet parking on one siae of each stri:!et.
36. Off-site cumulative transportation impacts shall be .mitigated to
insignilicant levels" bypartic:ipating in the East Chula Vista
hanspol"tation Phasing Plan on a fair share basis with other area
developers.
37. EastLake Greens ...i11 be subject to any new City resolution or ordinance
regarding cable television.
Planning DeDartment Concit: ons
38. 11. }lpplicant shall reguest the formation of .an open space distriel.
Maintenance of .specific areas nay be reguiredto :be performed by th'?
llI!lSterhomeowner's association. ~n space slopes shown acjacent to
public and private neighborhood parks shall :be included in th,'
-established naintenanceprogram.
b. Parle .dedication and improvement cre~it for private parkS (up to 50~)
lIBY :be considered .subject to approval of improvements, park acreag,'
1IIlC activity Meas provided.
c. :nevelqpnent of ill pubJ.ic and private parI< .ar-eas receiving park
crdt i1esignated on the .subdivision nap shall :be subject to thf'
2Ipprov~ ",f the City's Director uf Paries and Recreation. SairJ
approval .shall t:OlIIply with the stancarcs listed in Section 17..10.050
of the llUniclpal Code.
d. Maintenanc:e and credit for the proposed open space trail system shall
be .snbject to approval of the Director of Parl<sanc Recreation. Thr.
trall .shan. .consist of 1IIl approved D.G. :base.
-e.. PMk dedication credit for theCOlll1lunity parI< shall not include th~'
slope area lIdjacent to proposed .1251 hO'W€ver., .credit shall .be given
when park inprovements in -excess of the Municipal Code requiremenu"
are proviaed~
51
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f. Any PAD fees to be waived shall be done so upon compl~tion of parl;s
or tondeò guarð1Jte--..s of parI; à:>mpl~tion. Bonds p-.aviàed to the
Department of Real Estate I1I!IY be sufficie;¡~ guaran~e<'- for private
par I; :iJzprovements. -
g. N:> waiver of ~àential Construction hx is 1IIaàe or. itrplied- Dy
Jlwr~ of thiB 1IBp.
39. 1>ar1; acreage of 24 .acres shall.be proviœd subject to the approval of parI;
:iJl;Jrovement plzms by the Director of Pariæ .and Recreation.
40. :me open 1IpIIce c:orriÔDr ~ssing the 5DG&E -easement and the San Diego
water line .shall be incorporated into adjacent lima use plans as .usable
open .space and/or parl;ing. The adjacent land use lots shall be graàed to
!I:::::omplish mJ acœpt--able int~rfaœ.
41. :me 5:1 grading shown on :EastI.al;e Parioo:!Y(rderenœ sheet ~2) shall be
-el:iminat~ .m¡ð shown æ 3:1.
42. 1>. li1Íni1!Dlll 15 .:ft. -wiàe landscaped BI'eashall :be proviœè :between the
sidewalk lInd -wall 1Irea5 created ~ong Single-family .areas on Street "A..
IU!'E: Down Blopes .shà1J.conrnence at 11 :mUrlnum ðistaneeof 10 ft. frcxn the
public siõewall;. Alternate tree plantings :in approved c:cncrete cone root
=t.einers will .be consiœred .for Jimited are:,s.
43. Copies of ~ed CC&R's shall .be filed with the City.
44. ], lClio' :and 1IDder.ate inc:oræhousing progrillll with iUl ~hed goal of 5%
low iUld 5' 1IDderate shall :be itrp1emented subject to the a¡:provaJ. of the
City's housing aJOrdinator. N:JTE: 1. 11. change resulting in 4% lClio' and ii%
:cderate is :deemed :anacœptab1e to1erð1Jee. This c:cndition shall be
deferr~ 2U1è further ~vaJ.uated.as 11 factor. in the analysis of the General
PlmJðensity -policies :as they relate to parcels :R-24.R-25, R-26. R-27.
and R-28.
45. 1-.11 ]:eved access to sewer and drainage outlets shall b2 subject to
lIpproval by the Director :of Planning.
46.1. mini1!Dlll of three 'Church :sites totaling 7 acres shall bedesignateè prior
to recorœtia¡ :of the fimù. :nap.
47. ~ space -easements shown .at the rear ¡:¡f various lots Dacidng onto the
9Olf coarse s!uI1l :be .included in the golf course :na:intenanee program.
48. All lots adjacent 1:0 intersections subject to road widening requirements
shall require further review by the Planning Director to àetermine
a~...abili ty.
-49. School œve1opnent shall .be :phased to proviàe facilities viti¡ aòeguate
c:::I!IpI!cities to serve r~dentia1 oc=pan r:ÿ - Mello-RODS Comnunity
hcllities District .has been for1led by the respective school districts.
~6
:..J
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50. Praviêle street names 00 the tentative I'IBD.
...:
51. A =œP'"....uaJ. landscape plan, tDgether tõith a wa::er managenent plan, shall
œ prcv:i.ded prior to City Counc'-.l approval of the tentative ma~è
subject tD the awrcval of City's :Landsc:apeArc:hitect.
- __7
52.. DeveJ.cpment m 311 psrœ1s sh!I11 be jJ a=danœ with EastJ..alce Greens SPA
P.1an, 1'ubli.c ?aci1ities Financing Plan BnÕ Design Manual.
53. ~ developer shill annex all areas within 'the subdivision boundaries
prior tD recordation. of any :final :map.
54. ~ phasing pm shall be designed to connect interior subdivisions within
Phase ~ to the satisfa~~on of the City Engineer.
55. 1111 lets without lI¡;proved private or :public: 1Ic::œss shall .be shown as a
singl~ lot.
56. ~ open .spaœshown adja...""!mt to easterly side Df Rcate 125 =rièor shall
be ædic:ated tD the City ~om; its -entirety :for :future transfer to the
St.atem California as part of :future fr-eeway right-of-way. 5d1ool
District has option o~:putting in retaining .wall across thehfgh sc::hool
site.
57. Lotting ap;:>roval for Unit 14 shill be c:cntinued until a precise plan
òetailing the òesign of the project is reviewed by the Design Review
Conmi:ttee. ~reafter., the lotting Df Unit JA will .be c:cnsidered :by the
City Council :for tentative subdivision lIIap approval.
58. Orange 'Avenue c:orrioor design shall .be subject to ilpproval of the Director
of Pllllming regarding grading, .slope grading, J.andsœping and :fencing.
59. Ail lets :in Units 4, 7, and B shall be a mini1llIll\ of SO :feet wide and 20%
of lots :in Units II and 13 shall be a mini1llIll\ Df 50 feet wide.
A mini1llIll\ of twenty (20) perœntof aD lots within Units 4, 7, and 8, 11,
and 13 .JII'e :intended :to ac:cormcdate one-story units or units with a
~IY plateline along the street £rentage. Said om~-story units shall
:be placed on lots with a JTd.niJIum width of 50 feet.
i\ny :unitsdisplaceèl lIB a result of revision to the subdivision may be
.=si~ :for transfer to another unit witniD EastLake Gr~.
60. 1'Jajor entI:Y points to the EastLake Greens êlevelopment shall require
approval Df 'the .Director of Planning with respect to grading, slope
gradient and landsc::aping.
61. 1111 of the open spaœ lots shall be dimensioned (see Loop .street -A"
:adjacent to Units 14~ 39 and 13).
"62. Cþm 3f8œ lots aðjacent to private psrks :shall be :inc:1uded in the private
parka 'to:be múntained by the Homeowne¡:st Assoc:iation.
6'1
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63. A water agr~nt with O"..ay Munid~ "Water District regarding terminal
storage ~ water sU??ly shall be required prior to approval of the final
map.
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64. A peðestrizm bridge Dr ¡m lÙterna+-~ve a=eptable to the City Engineer
shall be constructed uver:otay Lakes ~oad to :=meet the COIII1I1Ility traiL,
from EastLake I to EastLake D.
DR I1itic¡ation Me!!Sures - Planning
-65. 'Residential land uses plmmed adjacent to Dr near o:J1IIIerd:al and
industrial uses shall :be adequately .buffer-ed. :Necessary :measures -will
include a wall Dr fence to decrease :noise lInd increase privacy; a
physiC2l, vertiC2l Dr horizontal separation between land uses, i.e., a
road, slopes Dr .a landscaped open :space buffer: or some type of vegetative
pcræn. I1IIp!Icts o=m:ing as a .result of site-specii'ic:: rlo-signs will be
11dtigated tin a si1:e-osped.fic:: :basis. (pg. 4-15)
66. In order to :mitigate tiJesite .spedfic: impacts, the :following :must be
c:ompleted in a=dancewith the thresholds ;:olicy and the East Chula
Vista 'l'rimsportation :Phasing .Plan:
.,
a. ìnprove :relegraph Canyon :Road :between State "Route 125 and the
'1:as'"J.ake Greens/l'railsbounâary to six-lane prime arterial standards.
b. Construct Bunte PariGiay and EasLLake PariGiay as 1II3jor roads between
Telegr1lph Canyon Road and Orange Avenue.
c::. Cons'"...ruction of 11 southbound State "Route 125 to ,eas--..bound 'l'elegraph
Canytm :Road loop ranp at the State ~oute 125/Telegraph Canyon .Road
intersection Dr -extend .state "Route 125 ,South to :East Pa1.omar .street
( whidI would c:onnect to the :East1.ake II street
system). (pg. 4-37.)
õ7. 'The on-site water storage tank shall receive additional l¡mdscaping. This
shall include the use of additional vegetation within the site C::Olli'Ound to
obscure the tank itself, as well as ,exterior lanasc::aping Df the perimeter
fence to provide 11 ,1IDre .aesthetic:: screen.
68. Jæsit1entia1 units in the vic::inity -of the :sDG&L transmission line shall be
spaœà !IIIÒ oriented to mini11d2e views of those fac::ilities. 'The 50-fool
buffer along 'both sides of the roadway traversing the :northern siH
bounðary shall :receive sufficient lzmasc::aping to effectively screen
ðeveJDpnent :assoc::iateèJ 'With EastLake I. Aôðitiormlly, residentilÙ uni 'Ls
in the 1IOrthern project site shall :be spaœèJ ¡md oriented to 1IIinimize
views to the :north where appropriate.
69. A pre1jminzuy ~tec::hniœ1 :report has .been prepared Íor the EastLake
Greens ptDpert.y by San Diego soils Engineering, Inc::. (1986). 'This reporl
c:onta3.ns 'Various :reo:mnenðlltions to provide adequate surface .and
subsurface -ðrainage ana -erosioo'COl1trol that shall .be inCDIpOrated into
the projed;ðesign. :RecoIIInendeèJ Jlei:lSUres inc::lude. but are not 1i11dted to,
the :fo1.lowing:
60
. Suz:face and Subsurface Drainage: Sur£aœ runoff :into downslope
natural areas MId graded areas'"'should be minimized. Where possible,
drainage should be directed to suitable disposal areas via nonerosiv..
devices (Le., paved swales and storm drains). -
1'AÒ munage :shDlilP be -designed to :collect ilnd :direct surface wat£I'5
away ftan ;prqcseð Btructures to approved àrainage :facilities. For
-earth :areas, :z¡ mini1llml gradient .of :two percent :should be JlBintained
lmè!ðrBi1Ulge should :be rlirected toward appraveà swales or drainage
:faclllti es. :Dra:inage patterns awroveð lit the time of fine grading
:should be :rœinbùned throughout the life m proposed structures.
70. Bubðrains .shall :be -placed under ill fill locateò in existing drainage
c:curses 1It identifieò or potenti~ seepage areas. Specific locations
shellœ evlÙuateò in the field ãuring graòingwi th general :subdrain
locations indicated on the :approved grading plan. ~ subdrain
i1lB~ation :sha11 be r-evi_d :by the -engineer:ing cgeoJ.ogist prior to fin
-pl:acement.
7L 1>r:ainage devices ;:are ri!gUired bebinà stabili2iltion fills to 1IIinimize the
build-up of hyðrœtatic imd/or :seepage forces. (See 1>re1i1llinary
GeotechniC/Ù J:nvesti~ions, :san Diego .soils "Engineering, Inc. (1986) for
deWls .:and reconmended locations of these backdrains.) Depending un
slope height, .at lest one tier of ðr ains 1IiDuld be required :for
approximately -every 30 feet of slope height.. Drains may also be needed al
c:cntac:ts between permeable ;:ana non-permeable :forœtions.
72. Elopes shan be ,planted ,with :appropriate drought-resistant vegetation as
recOlllll!!nœd by .a landscape mch1tec:t i1llllledi11tely following 9[ading-
Erosion =trol lIna iirainage devices shall be installed inc:anpli1lnce :witt¡
the r-eguirements of the City of Chu1a Vista.
7J.Water :shall :not :be alloweò to run aver the top of or flow down graded or
natural Blopes.
710. Devices ccnstru::::tea to drain anòprotec:t slopes, including brow ditches,
.berms, retention basins, terrace drains (if utilized) and down drains
shall :be 1IIÚ.TIbùned regularly~ ana in particular. :should not.be allowed to
clog .BO that :water :can flow unchecked .over :slope faces. SubdrainoutletB
:shall :be 1II!Iintaineè! to prevent 'burizù or .other blockage.
75. 'To -Ute that Bignificant ana potentiilly unique :fossils Zlnd
plÜ.eontolog1œ1 resources .are :not destroyea without examination .and
.anaJ.:ysis, it ~11 be reguireð that 11 t;UlIlified paleontologist JlDnitor the
initial grað1ng r'.ivities ðuringdeve1opment of the £aBtLake Greens site.
76. a. Walls lInè!/or berms :shall be installed to thesatisfac:tion of the
Director of 1'lamiing to reduce noise exposure .to lIcceptable level.!'
onsite.
.~ ;:applicant :has proposed an tlptional 5-foot fence enclosing the
perimeter of the resiðenti~ :bounòar:y(Figure 2-101. and 'the 5-fool
vall ileight.wzu¡ factored into the JlDdel to analyze the effectivenes!'
6/
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of BUd¡ a wall on tile significant noise im;:acts projected onsite. In
some cases, II 5-foot wall height was determined not to be required
and II lower wall height was evaJ.uated.
It was determined that -ZI 5-£0Dt barrier lÙ.ong the top of Blope on
port:iœs of ~em Bide 1)f EzlstI.ake hrltway zmd portions of):he
intemal lOQP road, .andcontiguam to :the :northern -Zlnd 1IOIJthern -:entry
roads, -would reduce projectedonsite noise 1eve1E belOiiii5dB(A) CŒL
(Figure -4-17)4 A 3-fODt barrierWDUld üso .be required along the
œntrðl golf a>UrBe rCl!ld to further attenuate onsite :noise levels.
.r~ise levels at the prsrk could be reduced through the :incorporation
of barriers of 1IIini1Zl :height (i.e., 1 to :2 :feet). WIllIs -Zlre -not
rec:onmenðed .because of aesthetic considerations zmd because the
attenustion required is only t..o decibels. AttenUlltion at the park
c:ouJ.ð be ac::hieveè .by rllising the pad elevlltions 1Ie.!Ir the contributing
roadwllys by :2 :feet :instead t)f :incorporllting a narrier. 'The :barriers
lÙ.ong residentjllJ. ;POrti-ons -of the site :shOlÛdco!1Bist of WIÙ.1s, .earth
berms, 1:1r .a t:DIIt>ination -of wa11B ,and berms. Noise levels JIbove :65
dB(A) -Zlnd be}Oii 75 dB(A)QŒL -ZlreCDlUlidered conpttible \With :the
pr~ COIIIIIerdðlarea :in the :northwest œmer of the project area
JI11d 110 .bIIrrius :are recruired to attenUllte tile -noise levels in this
-Zlrœ of tile !lite. -
BIIseè on the =rent .grading plan, the ióentifiednoise walls woulð
mitig!lte the projec'-..eð -exterior noise levea .belOii the required £5
C!œL stanðardand to a level of insignitic::anœ with the exception of
the perk Where tllight 't!xceedances would o=1r. If the pad .,Ievlltion
il: raised, :as reccamønded, :noadverae noise i1lptctB would oo::u r
tXUlhe.
b. 'PDr those portions of the ;Bite expoaedto bO ~EL Dr greater
(identified in ,P'igure +-17), an interior ðCOUStiCIÙ. analysis -will be
requireð once .building plans anð site plans Jlre ~de available 'to
tII18ure the :use of -Zlwropriate t:OI1IItruction lllllterialato attenuate the
interiornoiae level. .belOii a level of sign1!iCllnoe.
77. On an interilll buia, Parcela 11-2-4, 11-25,11-26, R-:27, .4I1CJ 11-28 ~haUbe
zoned at 'the targetðen8ity of .c.5 dweIhngunit8 per .eres. A JIIIIX1- t) r
-4,DJ.C unit. 1Iill :be awrDY8d for £UtLake II until .uch 'u- ... 'the
guiðel1M8 for eXClleding the target ðensit}. for tile General Plan :t.!Pdale
are r.80lwd. ~ foU-in; prClC8dure will oo::ur to :determine aðditional
ðen8ity, if cay" -for the r.utLake project..
A. Specific .quiðeliT18 for exceeding the target General Plan
density will .be aðopted,
b. The adopted GllnerlÙ.Plan policies will be applied t.o !1etermine
the incr~tal unitJI to be alSded to Eaat.:Lake 11.
c. ~ "uniu fran the ~ calculation will be distr:1buted 1.0 these
tift parcels or :other unsubdivided portion Dr EastLake 'Gremus
'1'entatift Hap.
6;2-
~-
d. The SPA Plan and Tentative Map .all be returneà to the Planning
CamdBsion and City CDuncl!"- for aooP'"-ion of the increased
òensity, if ZIIly.
-
7B. "Prior i:o 1:he recorða,tion tlf the fi1W. ] Bp, the EastLake 1 private park
agreement Bhall :be 2I¡:praveð ~ theCityCDuncil.. - ,
79. The !:Isst:Lake -Greens :Development ~eement :shllll =ntain a provision
--king the ~t1.ake G=eens project :subject to the -:rnmsportation
Phasing 1'lzm .:and the -GrcM:h anageœnt Element tlf the "Genenù 1'lan.
BO. "Prior to recordation tJf tile ~ina1 '1IISp, the :applit:ant :shllll :submit an
.agreenent i:o the City regarding public .uøe of the golf r::ourBe. 'l'hiB
wry beað:h"es~ in the conditional use permit required for the golf
CDlJrJle.
B1. ~ 1'lmming _Cœm1aitm ~-..............datitm r-egarding the reðuc:titm of
åI811ing mI1u ax¡taineð in t:ondition 13 Df tile :EastLake DGenerð1
D8veltlp8nt 1'lan is inccrporateð inw thia xesolutitm(EaBtLake -Greens
r~œð tran 3609 -dwelling mI1tJ1 to 277-4 dwell:1ng mrltll).
P'!ND1NGS~ 4
l'ur.uant to Section '66n3.5 of the Bubdi vis1onPlap A...-t., "l'entati ve
5ubðivilliŒ1P1ap forEalltLake Greens "Tract B8-J ill found to be consistent
with 'the Chu1& Vista General Plan as adopt~ð by the Chula Vist.ll City
Council bueð on the following findings:
1. 'land tJ.. !:1-nt
The OIIner&l Plan :d8819Mtel the :!aIItLake Greenll lI.r- tor ~ilDl!
Re.idential ... .,.11 .. ~rciAl" :public, quui-public (x:hools,
perks, churche8) and .are open ~ce. "!he r~nded 2,77-4
residential .uniu i. within the ~ity (between :tArget .and :maxi1ll.lll\)
ran98 of the Generð1 plan relidential.deaignation tit low/_dilDl!
re.iösntia1(J-6 ðu/gr. ac.), including .dendty trllnllfers fran the
park, Ehool. .and 9Olf course 'w the residential are (327du).
2. :CirculAtion %l~t
All -oft.he œ-8ite And tlU--ite public :at.reeta required to aerve the
.ubðivl81cn will be œnstruc:teð :or DIP' t- paid :by 'the -devel(.)per in
-8CCO1'ðIInc8 with the 1'AstLake Greens Public hclliti- ?inancing Plan
and D8VelopMmt ~r~t..
3. Houaitll El_nt
'!tie propoHð project will provide a :m1ni1lU1l\ of ~O, affordable
hou8in! includitll a1llix co! 'housing 'types III'Id lot :aizeø for
ain91e-f8lliily. 1;oImhou8es, =dom1'1111D1! and various apartment
48n8iti. 'that will provide .. vide JlpectrlDl!of 'housing prit:88 tor
:p8r8Ol18 1)f various i'l1COllllls.
(/3
., -
.0\. Parks and Recreation Element
~
The subdivision will provide approxinately 40 acres of inproveò
COIIIIIJJ1ity and neighborhood parks in accordance with loc:atione-anð
standards of the General Plan. The required park acreage for
%:astI.a1œ Greens 1s 29.2 acres. -'
5. Public J'lL.'-i1ities Elerœnt
"The project :is obligated in the amditions of approval to
pltrtici:pate in providing the water fad.1ities,WIlStewater .facilities
zmC! mainage facilities required by the policies of the General
Plan. !l'hese inC:luòeemergency -water storage reservoir, construction
of a 50 1IIillion gallon facility by CffiID, provisions for additional
wastewater .taclli ties ì:!Y parAllel Bewerpipelines and constructing
on-she œtention basins to reduce peak storm flows.
£. OpenBpace 1II1ð -Conservatioo .Element
~he proposeð Bubdi vision is in ronformance with the goals and
-policies of :the ~ement. There .are no llInd resources, water
resources, plan~ or animal resources or open.space areas iòentified
for preservation in the General Plan for this !lite.
7. Safety '!:1enent
The project site is consiàered II !leismical1y zu::tive areA, although
there Me :no 'knownac:tive faults on or adjacent to the property.
"The fire protection facilities and .services Deeded toøerve the
project hZlve been revieweð by the l"ire Department. other -emergency
service agencies have reviewed the proposed .subdivision for
.conformance 'With Bafetypolicy. The project will inc:rease the ¡¡eed
for aððitional police and fire -personnel, however, the City is
planning to Jlllettheneeð with additional revenues provided by the
project.
Pursuant ~ Section 66412.3 of the Subdivision Map Act, the effects of
the tentative 1II!p for 1:aøt.Lake Greens TraetBB-3 on :the ,housing :needs of
the region has :been 1::OIIBidered in that the Bubdivisionwi1l provide a
variety :of. bousing :types that will .serve all .sspec:ts Df thec:omnunity.
The COUncil bas furtherbBlanced the need. tor ÍIOUZIing against public:
service neeðs of its residents and available .fiscal and environmental
resources ~ that the City 11as weighed the fisc:al effects of the project
an1! finds that it will :not deplete current resources and bas further
balenceð the environmenta11!ffectø by incorporating mitigation -urea.
Pursuant to section £6473.1 of the Subdivision Map Act, the EastLake
Greens Tract BB-3 .has provided to the -extent feasiblt! for future passive
or natural ileating or OXJlingopportunities in that the proposed design
has .a preOOminant J'lorth-south orientation of long, narrow pltroels
.vf
- ~
.
encouraging ellSt-west arientaticn of bullèings and creating southern
exposure for pitcheð longitudinal 1"õo:s to facilitate solar energy.
-
Presented by ... Approved 118 to form by _'?
-
¡Qf~~;;~~
Plannng
5930a
-
t:Ç'
------ ~ ~~~ ~~. ~u~ w~=~-- ~ð~~n'rnH' '--L< 'Cv.. nr "L~r"TI"r::...."
~ - ~
. -
ADOPTED AND APPROVED BY TRE CITY COUNCIL OF THE CITY OF
CHILA V!STA, CALIFORNIA, this 18 day of July -
19 ~, by the following ~te, to-wit -.'
AYES, CouncilmentJer.s CtJx, Malcolm. Moore
NAYES: Council menDers McCandliss. Nader
ABSTAIN: Counci 1 menDers None
ABSENï: Ccunci lmellltJers None
-
- ~
2. -:::'his AgreeJllen-= concerns and affe~s certain ::-:ë.l P::-O?"':-:y
located in Chula Vista, California, :more pa=-ticular2y àesc::-ibe:: on
D:h.ibi -= "J.." attached hereto and incorporBted hereir, ("?rope::--::y";.
:F= pw:poses Df this AgreeIl1ent the te= "Project" shall !!tean
~Dperty"~ :!'he ::Property is part of 'B. :lima ùeveloPJDent projec-=
owned .by J2.s1::L'B.ke ~d is CO1DI!lonly 3mOwnãS ~e .south Greens.
2,. Developer is the owner of the :!'roperty..
.3~ :EastLake is the :beneficiary under 'B.deed of ~ust fo::- th:
Property, ::-ecorded ;January .32, 2996 as 'File Ro,. 1996-00499ï] of
D""-ficial Records, and is the .holder of certai:n repu:::-chase ::-ign-::s
anã such c--Ì1er rights .under agreeJllents recorded .Janua..-y 32, 1996 as
file Ðos. ~996-0049572 and 1996-D04999B, :both of Official Records.
4. :Eas1:Lëike bas applied :for imd :the ti:ty .has approved .a
~tive Bubtü:v:ision Eap CO1DI!lonly r-ef~.ea to :as EastLake South
; , ~eens. Dnit J.2 'IIact 9£-02 ("Tentative Bubj'i~-yj:sion 'Map") for the
subdi'Vision of the ::!'roperty.
5. The L:ity:has adopted Resolution :No. .J.52DOand subsequent
Resolutions Ro. 276lB and lBl7D pursuant to :which i-.: has app::-oved
the Tentative Bubdivision 1!1ap subject to cer....ain conditions as 1I10::-e
pa=-ticula=ly :described in said Resolutions. 'The description of the
conditions in this .recital section of this .Agreement is intended
only to .SU1I!Dla.rize and paraphrase .such conditions in -.:he
Resolutions, 1U1d .is ~ot intended :berein to .:modiÍy .or -explain them,
and is :nD"t intended BS a :basis for interpreting them.
A. .conditi-on ~o- 3 :O~ :Jleso~l1t::i.= :No- ~21)D requires
-developer -='0 :guarantee ~onstruction Df i:mprovements prior to
:a...1:Iprova:l if.. 'a ~inal :map ~or each phase ;and to construct the
:i.JD:provemerr-s prior to issuance of any :building pennits Íor a
subsegue= phase.. Spec::i.:fically., Condition :No.3 requires the
.construction Df :East Orange Avenue :fro!!t Bunte Parkway to the
..,ester~y subdivision :boundary and Bunte P.arkway ~rOIn South
Greensview to :East Orange Avenue.
J>. CoDd~:t:ioJ1 Bo. 3D D~ ~J:uti-on :No- ~21)D requires
:Developer to æDt-er nto :an 'B.gr,eement ;w.her-Eiby the ,developer agrees
that the titv :mav mtnhol a 'h,,'i1f ;.nn ...."'.,..",.,+~ ~~~ ~-" .._~...- ~- ~~-
,; - - -, E-L-G. - ¡- 2-
A ITA CHMENT 6
~;1Jt~~¿~;.:f;,,: L-
. ¡æ;rAMEP~A I:~~
- ".-,;.
;i;~~,~:ãri~~~ u~',"-_..-
P3:::0RDING P3QUESTED BY: )
)
Ci~ Cle::-}: )
)
WHEN 1ŒCOP.DED M.'ŒL :I'D: )
)
CITY OF c:mr.i.1; "VISTA )
276 Four-'J1 Avenue )
Chula ì7is~, CA 9l9lo )
)
:No ~ansf= tax is nue as "'-his is 2. )
conveyance "'-0 a public agency of )
less than E :fee interest :for which )
110 cash consideration has been paid)
Dr received. )
)
)
)
Dev;Üoper )
)
)
Above Bpace for Recorder's Use
EUPPLEMEl-.TTAl, BUBDIVJ:SJ:ON IMPROVEMENT AGREEMENT
(Gens-'ãl Condition ~c~ and ~D~ . Conditions ..¡. JA. '17. 22. 25 28.
29 and 30 or Resolution 28l70; Conditions 3. 30. 31. 38 and 39
or Resolution :L52Do)
This -=Snppl-ementa:1 Subdivision .,--:IJDProvement Agreement
("Agreement..) is :made thÏs .21;t.-íday ,of ,;r:,'::-LJRM~~%. 2996, by and
'between 'THE crTY DF !:HIJLA ì7ISTA, Cali:foD1Ìa (2IC', "or "Grantee"
:for record:iDg pw:poses ,only) -; :Kan:fJnaD and Broad o:f Ban Diego, J:nc.,
a Cali:foD1Ìa corporation, 12626 Righ Bluff Drive, Suite 400, San
Diego" .CaJî:forDÌa 923.30 ("Developer" Dr "Grantor") and EastLake
Development CO1!lpany" a general partnership ("EastLake") with
reference to the :facts 'set :forth below" :which recit-als constitute
a part :of 'tilis AgreeJIlent=
JŒCIDLS
:L
é/J f'tb -é/?
61 -1 / JYd-. )/
- ~.
2. '::'his AgreeJDent: concerns and affe~s certair. ::-eë.l p::-D?e::--y
located in Chllla "Vista, California, :more pa=ticula::::ly ciesc::-i::>e:: on
:!:>:r..ibi t "1-." attached hereto and incorporated herein ("?:::-ope::--::y":.
:F= pw::Poses Df this Agree1!lent the te= "Project" shall IDeaI'.
'n!":DPerty". The PrDperty is part of 'a lBnd ùevelopIIlent project:
uwned by :EastI.ake ~d :is COIDInonly :Jmownã.S ::East:La.ke :South Greens.
2.. Developer is the owner of the :JToperty..
3. :EastLake is the beneficiêI}' under 'a deed of :?Xust: fo::- ::he
!":ope.:.'""1:y, :::-ecorded ;JanuêI}' 3:1, :1996 'as :File Ro.. 2996-0049973 of
Official Records, and is the holder of certain repu=chase :::-igh::s
and such o-..her rights under 'agreeJDents recorded .Janua...-y 32, .1.996 as
file 1/05. :'9.96-0049972 and :1996-0049998., bot:h of Official Reco::-ds.
4. .Eas1:Lëike Da5'applied :for :a:nd the tit}' has app:::-oved a
~tative :Subdi-v:ision 121' commonly r-ef£!IT£d :to ;as EastL-ake South
; , C:ëeens. 1'nit l2 "Tract 9i;-02 ("Tenti3.tive Bub?-i,.-vïsion :Map") for the
subdivision Df the :property.
5. The.city :has adopted Resolution :No. :l.5200and subsequent:
Resolutions 1/0. :176:1B and :1B:170 p=suant "to :which it has app::-oved
the Tentative Bubdivision Map subject to cer'-...ai.n ~onditions as mo::-e
particul=ly nes=ibed in said Resolutions. "The des=iption of the
conditions iTI this recital section of this .A9T.eement is intended
only "to summarize and paraphnlse such conditions in "he
Resolutions, .and .is :not :Urtended :herein "to .JlIodi:fy .or -explain then¡,
.and is :not :Urtended as a basis :for interpreting then¡.
A. .cDDdit:i~:n Bo. 3 co:! Reso:111t:ion 310- :J32DD requires
-developer "to :guarantee construction Df nprove:ments prior to
approval of 'a :final .:map :for each phase ;and "to construct "the
:i:mprovemen-..s prior to :issuance of any ::building permits for a
subsegue= phase... Spec:tiically., condition .No- 3 reguires the
.construction Df :East Orange Avenue :from Bunte Parkway "to the
...esterly subdivision boundary and Bunte P.arkway :frD1ll South
Greensview to :Easí:Drange Avenue.
33. Co:nditi~n 510. 3D D:! :ResD:!:uti= !Ro.- ~2DD requires
:developer ~ ;ent=- :iDto :aD 2I9Teement whereby the ùeveloper agrees
that the :C:i:ty :may 1ritlihold b1riltling :perItD:ts ~or ;¡my units iTl the
subject 5úbð:i:'l:ision i:f tra:f~ìc :on Dtay LM.es :Road. ~elegraph
t:anyon :RoaD.. :Ea.stLa:ke Parkway" 'or :East ~... street -exceed the
l-eveJ.s of serrice iãenti:fied :in the city"s :aãopted thresholds.
C. t:o:ndì:tion )10. 3J. t:>f ResOJ.l1Ût:>:n J.32DD requires
ãevelDper "7:.0 :agree "to 410t protesí: ~.o=at:ion of :aD assessment
.district ::for the cconstruction .-of street :i:mprDvements to connect
ora:nge .Avenue :aDd P.a.lo= Btr-eet to ~g iEpr.ove1!lents to the
2
?F
'-" '---, -'--.- ,_n ... ,..¡..-~,-
.. '\ .-...
west oj' 'the subject i1nprovemen-:.s êlS p::-:;jects in -:.he Eas::ern
~~itories Development Impact Fee System.
D. .condition Jilo.s 3B .. 39 .o:f Beso~~tiD]). :lS2DD
regu:ires Developer to t:onstruct park :facilities and dedicate park
J.m1d ÍtJI the ~e .south Greens ilevel~ent :oj' "lhich 1Jnit J..2
:is :a part thereo:f.
:E. Gen~ .conditirm "C" o:f 'Resolution ~J.7D reguires
Ìl£!Vel~er to t:O1I!Ply ..ith ~ 1JIlÎuliill'E!d t:onditions .o:f :approval of
the :EastLak'E! :Greens 'Tentative }1ap, Cìmlâ -Vi.stâ 'Tract 88-3
established::by 'Resol1rt.ion No. :1.5200 approved by Council on July J..8,
.2989 änè. mnending Resolution J.76J.B, ::and to xemai:n iDcompliance
-with :and nplement the tenns, conditions, ::and provi'sions of
:Bas1:Lãke ~eens :Se~~onal Pla:nniDg Ar'E!a, :EastLëike ~'E!ens Plmmed
r:cmmunity Distrìct 'Regulations" th e 1::astLaJœ Greens Develop:ment
~ement" the ¥later Conser=tiDD Plan .:and 'the Jû:r Quality Plan,
Da.5ign 'Guitiel:b1es :aDd' the :Fublic .Facilities Fi:nanci:ng Plan and
:bDpl'E!JDentatiDn procedures :as theC:ity ::may :reguire., :asSuriDg that
~er :app:rov::al o:f the :Fi:nal :Map, the developer :shall continue to
t:CJ!!Ply with, r'E!JDai:n iDcCJ!!Pliance with, -and i1l!Plement :such plans.
:F. GeneraJ. condititm "'D'" .o:f :Reso~utit>:n J.BJ.7 D reQUires
the develop<'..I to ins--...all public :facilities i:n accordance -with the
£a.stLëike .Greens Public .F11cilities :FiDanc:b1g Plan C"PFFP") and to
ëDide .by any subseguent mnendment to the PFFP :made :by the Cit}'
that :addresses the park improvement .obligations of :the developer,
i:nclndi:ng :but Dot limited to, dedication of parkland, the
construc::tion D:f community center and gym, and :such .other park
improvements.
b. conditix>n Jilo. -4 cD:f :Reso~~titm :No. :J.BJ.7:D xeguires
the developer to construct or gua..'ãDtee to construct :East Orange
.Avenue, :from Runte P.arkway to the west-erly :boundary u:f the .5DG&E
-easement :westerly :of the subdivision.
;E. ;condition ::!io. :L-4 D:f 'Resolutirm .::!Io. ~7D reguires
the ileveloper to ent'E!r into .aD .êlgr'E!ement ~th 'the :City -;wher.eby=
~- ~e 'develDper .:agr'E!es 'thetity :may ~tbhol1l
'buÏliti:ng pennìts :for æ¡y 'llDits in the :subject subdi"ri.sion ij'any
one oj' the :following 'DC==
11. Regi.onal development threshold li::mits
set by the "East Chula "Vista Transportation P.hasi:ng PlaIl nave been
reached.
b. Traf:fic volumes., levels o:f service,
public :utilities and/or services exceed the êldopted :City
threshold staDdards.
3
6e:¡
--- ----'-'-
.'" - ~
2. The developer agrees ~at the City may
wi-::hhold building per:mits 1'or any 01' the proposed development i1'
~e requirt<d public :facilities, ii5 identi:fied in the PFFP and
Condition :No- 3 :aDd ~le ::r 01' :Resolution :J5200 Dr ii5 ænended or
Di::Ìleni.ise ~oDd:itioned Ìlãve Dot .:been :compl-et.ed = .constructed to
satis:factì= m the .city. :The iieveloper :JII2IY proþosech<mges in
tbe t:i.Jn:ing lIDd seguenciDg 'O:f rlevelopment :and the> .construction of
improvements ~1'ected.. :In .such .case, the ~.r.r.:' :may be amended as
approved :by the ..City PlamriDg Di:rector :and city .EngÌDeer-
:1. .coDilition :No. ::1.3 :oj' :ResoJ:utiDn ;No. :J:B:1.7D requires
tile developer to de1'end, ÌDdemnrlyand .nold harmless the City and
.its agents, otiicer.saDd ~loyees, :from lIDyclai:m, action or
p=oceeding agaiDst the City, :or its agents, :otiicer.s Dr employees
to .attack, :set aside, "Voia :or annul :a:ny ~oval" ;by the City,
:i=:l"Ud:b1gappr:oval :Dy its PJ.:a1mÏDgCcmlnission, tity :council or
<my ;a;pprm>'aJ. :by the .city., including ;a;pprm>'aJ. :by its agents,
if..:ficers = ~l:òyees -:with regard T7' ~.h:Ï:5 £Ubd:i-v:isi= pursuant to
.se....--t:ion£6499.37 of the :Map .Act pr.ov:iàed the :city promptly
1lrr'"..i:fies i:he .subdi-v:idero1' any .cJ.J:iJn, ..a.cti= or proceeding .and on
i:he :fJJrther condition i:hat the city :f1Jlly =operates ÌD the
de:f~e_
.J. .cQ1ld:itioD ]10. :1.6 DÍ :ResoJ.:utÏoD. ]10. J:B:'7D requires
tbe rleveloper to .nold the .city .ha=J.ess .:from any liability 1'or
erDsion, siltation :or :i:n=ease :flow -of .draiDage resulting :from
this proj ect.
X. Cond:ition Bo. :1.7 'Df :Resolw.:iIm :No. ::1.1I:l7D requires
i:he developer to agree to ÌDsure -that all :f:r:aJ1chised cable
tele-v:ision :compa:nies (~CableCompany~) are per:mitr.ed equal
'opportunity to place conduit and provide cable television service
to each lot -:wi-thÌJ1 the subdivision.. Restrict .access to the
conduit to only those :fra:nchised cable television :COJl!Panies "Who
are., -and rf!JllaÌr¡ :i:n .compliance "With, all 'O:f the ter:ms lIDd
condîti-cns 01' the Ínmchise and -which are ÌD :fur1:her compliance
-witb all -nther =1.<es, :regulations., ordina:nces and procedures
reg¡:ù.a1:5:ng ëlDd a:fÍectiDg i:he :operation <0£ ::cåble tiD.ev:i.si-on
.t:aII!Pan:l<es as same ~ :have .3:>een., = :may ñ-.cm ~ to ti:me :De
issued ~ ß.e 'City 'DÍ Oul? .,-ista
:I- !Cond:i1:iœ¡ Bo. 22 ~:f :ResoJ;u1::;Ï%m :No. ::1.B:1.7'D. requires
neveJ.oper to .cOJl!Ply -:with i:he t€--r:ms andcond:itiDIls ",:f the
Acguisitionj.Fi:mmcing Agreement :f= Assessment. District :94-::L"CO
94-0£4" approved :by .Council :Resolution .:RJ.7-4B3 as sai-ë! t-erms and
condit:ions :may .be applicable to this development.
:M. .c0nd3.timl :No. .25 ;0:; :ResoJ:utioJl 310. ::1.1IJ.70 r,eguires
developer to submït -adet<J.ìled 'constructi-on phasng sChedule :f;or
the constrnctï-on '01' private a:nd .community parks to ß.e Directors
-4
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of Parks and Recreation and .Planning :for review prior to issuance
of the :first .buildlllg permit :for the .Proper-y.
1<. ,coDditi~ Bo. 211 D:f :ResoJ.u1:itm Bo. J..8:L7D requires
ñeveJ.oper to suJ:unit J.1mdscape ;plmls :for Lot C æld õ1ater
=agement guìdeJ.i:nes to the .city :for npprDVëÙ. prïor to .approval
o:f the paft :grading plan.
D. :condition Bo. 2:9 ~f :ResoJ.m:it!n Bo. :J.1I:l.7.D requir-es
developer to s1.ibmit a landscape :design :for :East ;o=ge Avenue and
EDnte ..parkway and o.bta:i.n approval ::from the .P.arks and Recreation
:LaDdscape ñch:iteet pri-or to Dr concurrently "With approval of the
:first site plan :for the "Property-
:.P. .CCJlditit)n 310. 3D :01' :ResoJ:ntiDn .)io. J..8:1.7Dreguires
tìevelq>er to "tâke 'ëlctitm :as :reguiX:<d :by :a =ise study :approved ..by
the tity 1::0 :mitigate :noise to .acc~le l~eJ.s pri-or "'to issuance
oZ .bu:i.ldi:Ylg permits.
There ~ecerta:i.n other 'unpeno:r:med .aD.d un:fulj'illedconditions
of saiù ~ent.ative.Map.
city is willing, on the premises, se=ity, terms and
conditions ~erein contained to -approve the :final :map :for which
Developer :has applied as .be:iIJg :iIJ :substantial :con:Eonnance with the
~ent:ative SUbdivision 'Map descri.bed i:n "'this Agreement.
ROW., ~OJŒ, :iIJ -exchange :for the :mutual covenants.; terms
and :conditiuns here:iIJ conta:iIJed., the :pa.rti~!S agree as set :forth
.belt)w.
::I.. 2<greemcmt Appl:i-cable to Bubseguentowners.
:J..::I. :lI.greement ::Binffing 1Iptm ;Successors. This Agreement
.shall :be .bi.nè.:i:ng upon .and :iIJure to the :benefit 01' the :successors,
assi-gns .<md :iIJterest5 ,of the :parties :as to any or all of the
.Property =tiJ. :rel-eased :by the ~utual:consent 'of the parties.
:J..2 .:lI.greement 3Ums ~th %.be~. ~e .Durden <of the
=enants t:œrt:ained 5:n "'tb:is .A~ent¡(.'.Burden"J is:for the :benefit
.of the lãD.d mmed :by the '.city :adjacent to the Property., ..aescr.i1>ed
as ;Eas1:I;a1œ ,{:œmnmity ;P~k. :more ;partït::DJ.~l'Y ùescribed as :Lot :2 Df
Eap 310. ::t.2544., recorded ~anu-ary 26" 1.9.90. ~he :Burden touches and
=cerns the Property. It is the 5:nt-ent of the ;parties, .and the
parties :agree., that thi:s -covenant shaJ.J. De .bina:i.:ng upon., and run
-with, the mmership -of the J.and which it :burdens. ~e Burden of
this Agreement .snall De :released ::from "'title" :as to .an individual
1m or unit v.i:th:i:n the PrDperty 'Upon the sale 'Df any J.m :bçroved
orith :a residence" prDvi.ded :however., the r:ity .ùeteJ::lld:nes that the
.effeet;of such release, :or i:n .:conjuncti.tm orith previous xelea.ses,
5
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..-ill not jeopardize the completion of the iIDprovements or other
o::>ligations rema.iniJ1g mIder this Agreement. If the City detennines
that the release ':will .not jeopardize said obligations, the city
sìüùJ. '€Xecnte a :guitchi1n rel"€aSDg the :Burden .of this Agreement
:fr.cm the title "tDany $uch ~ots- ~ to any lDts -..rhich :have :not .been
released., "tile :Burden Df this ÀBreement sìuù.l .c.ontinue to 'encumber
sm::h ~Dts :and shc.ll be :binEU:ng :upon., :and = -with" the .ownership of
such .lets until such lots Bre released.
a. :Release 'Dn Guest JniU.öex :Assi.g:nments. :IÏ the
.owner .of "tile :E':rl:pert}' assigns :any portion .of the preject, the .owner
::may :have the right. to obtain a release .of :any of the .owner's
obl:igations 'under this Agreement, prov:ided the .owner .obtains the
;:r:ier -:written consent .of the City to such'r-eJ.ease. Such assignment
.sh.aJ.J.., ':hmæver, be subject 'te this Agreement 2Ind the :Burden.of this
.Agreement shc.ll re:mai:n a covenaDt ::t'1IDI1D1g ;with 'the læ1d.. :The tity
sh2ù.J. :not -withhelù its .censent te :a:ny 5UCÌl r-eguest ::for a release :se
, ~g .as the :as.sig"'ee :acknowledges t":11it -the :Bm;;;:Ien -.of thE .Ãgr,eeI!¥"nt
=uns -w:i.th the ~d, :assumes the .obligatiDns Df'the .owner under "this
.Agreement, 2Ind :demonstr.ates, te the reas.onable :sa't:ùdacti.on .-of the
City, its :abiJ.:ity tD perÍonn its .obligations :under this ABreement
as it :relates to the pertienef the Project :which is :being acquired
by the Assignee.
ÌJ. .P.a:J:'"tiaJ. :Release. :If the owner .of the preperty
assigns <my portieno1' the :E':reject subject 'to the Burden .of this
Agreement,upen request ÌJ,y the .owner Dr its assignee" the City
sh2ù.J. r-elease the :assignee .01' the Burden .01' this Agreement as te
.such assiyned pertien :if such POrtiDn 1>.as cemplied with the
:regujxements Df th:i:s Agreement and :such pa.....-ri<ù release wilJ. :not,
in the opi:nienof the City, jeopardize the l:LkeJ.i.heed that the
r-eJ!lai:nder .of the Burden will not f>e cempleted.
2. ~amplia:nce.of C.onditiDns.
.2.3. 'GeneraJ. 'C.ondit:i.on -"~" 'Df :ResoJ:ut:i.on ~1IJ.7; . In
satisra-ctï.on :or .Gener~ 'Cendition -C~ 'Of :Reseluti.on J.BI7D the
J>ev~ :and .Eas'tI.iëüæ .agrees te comply :¡¡jth :and rsmaiD .i.D
camp~oe ;with .;all .Jm:fnJ.:filJ.'ed .conditions .of' appr.cwJ. !Of the
:Easí::Iæike J:reens ~entative :Map :chuJ.a 17:is1:a ':!Diet ;811-3 establÏSbed
by :Res.oI'1l't:.iml ::No- :l52DD appr.oved :by 'Council <On ,JJÙY 3.1!" :J:!I:B9 <and
amena:lllg :ResOJ:UtiUD .J.7E3.B~ aDd t.o 'cmnply -..dth :and :rema:m .J:n
-compli:ance -w:i.th :and iJnplÐnent -the t-enns~ conditiDns~ and
pr.ovisiuns :o:f :East::Lâke .Greens ;Sectional Planni:ng Area.. :EastL-ake
Greens J?l-a:nneð.Community District Regulãti-ons, the 32.stL-ake
Greens DevelDpment Agreement, the 'Water ConserVEtion ?J..an and the
1!.ix Quality Plãn., Design Guidel:iIles and the Publi¡:: Taci.J.iti'es
:Financ.J:ng P~an :aDd :bI!Plementation procedures :as the 'City :may
r-eguj:re, assuring ~at Efter appr.oval :of the :Fi:naJ. :Map ::fer the
£)
7Þ-
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~operty, ~e Developer and EastLake shall continue ~o comply
.."ith, remain in cmnpliance with, and implement such plans.
2.2- ,Genenù. <Condition "'J>" œ 3iesoJ.nt:ian ~J.7:O- In
S<!tis:œctiDn UÎ .GeneraJ. .condition ~D~ ~1: ~oJ.u1:.Ïon ~£l70
:EastLake :hereby iigrees to <ù>ide Dy :any subsegnent aJIIendment to
the :P1".FP :made :by thecïty that iiadresSes the park ~rovement
obligations 01: :EastLake and 1;:he Developer iigrees to <ù>ide by the
=e -with respect 1;:0 1Jnit n" im::lJlding but not li:Jn:ited to,
dediCiition o:f parkland. the construction o:f COJIII!\unity center iind
Gyln, :and suchvther park nprovements. :Eas+-..Lake :further iigrees
to process an mnenfunent to the .PFF:P -withi:n six (£) JDonths :fIOJll
exa:::ut:ion Dr this A,.reement to reflect :the terms or i:hi.s
~eement (pa..~graphs 2.3 and 2.£) ..i1::h respect to the
~aJ.:J.a.tiDn DÍ public :facil:iti<es.
'-, 2.3- ,conditi-on :No. :3 Dr 3iesoluti= :No. ~Dn- In
:.s<r-..isÍiiction 01: Condition .No- :- or :ResoTution :L5200, :EastLake
.sha.ll do liJ. o:f the :following:
a :EastL13.ke sh13.ll provide all o:f -the :following
items 1;:0 the ci1;:y by 1::heearlier or: a) the approval or the :final
1üap :for :Eas'-..LakeGreens 1Jnit ~O; = b.J upon the City's :issuance
o:f :any p"-T'JIlÌt or approval :for the .construc--...ion o:f :any o:fthe
:ilJ¡provements des=iDed .below:
:1.. Bond (s)., approved.by the city .Engineer,
to -guarantee .construction'or :full .street :ilJ¡provements :for the
segment or :East onmge Avenue :fImn Bunte parkway to cthe ~esterly
subdivi:;:i= boundary ("':East Orange Ave Segment"). 'The :a1Dount or
said bond sh13.ll be TIO% times a construction cost ,estimate
approved by the city :Engineer i:f i:mprovement plans l:ü3.ve been
approved by the .city" :LSD % times the :approved .cost -estbnate i:f
ÌJI!Provement plans are being processed by the City" Dr 200% times
1::he .const:rJJction'.cost estiEate :approved by the 'City :Engineer :i:f
ÌJI!PrD1Tement plêl11S 'have not been .submitted :f= tity r.eriew,; ãDd
2. Bond(~()" appru.ved by "tile 'City :.Engineer.
'to ;¡uãnlDtee .constrncti'On Dr :full :street :iJçrDVements ~,or the
segment D:f BmIte PlIrØciy :from $onth 'Greensview to -'East 'Dr-ange
Avenue :("'BmIte 1'arØciy ::Improvement..)- "The :a1Dounto:f said bonding
shaJ.l De TIM tines the construction cost -estiJnate approved :by
'the 'ci-ty ]mgneer.; :and
3. .AD irrevocable o:frer (s) Dr dedication
(I ODs) :for right :of 7ilay and temporaryconstructïon easements
necessary 1::D .construct the East 'Onmge :Ave Segment ;md 'the Bunte
:Parkway IJI!provement.
7
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b. EaS-~ake agrees to commence co~~uction of
i.n-:.erim i1IIprovements for the East Orange .P.ve Segmen-:. upon the
earlier of: a) .final '1Ilap approval .for the :EastLake Greens II
~ion Area. as shown ;on the '"'3astLëike Greens .Public
~i1.ities ~ïnancing :Plan :!'rojectI:cçonen!:s :Pl-a.tOI;¡ Dr D)
"'cons1:rD.ction commencing'" on 'the segment :of :5Rl25 ::fromDtay
:LaKes :Road to J!:astO:nmge :Ave¡ cor c) ~I.construct.lun :r:ommencing" on
~e segment of :East Orange :Avenue ::from :sRI25 to the :Easi:Lake
'Greens "Westerly subdiv:ision :boundary;¡Dr :d) ':with:i.D five years
:from execution of this .Agreement. ;(~or :pm:pOSBs of this
paJ2gr.aph. the 1:e= 01 construction commenc:i:ng" :shall :mean "When a
construction contract has been aWi!Ided :for the ÌD!PrDVement.) The
:Urt:erm i:mprDvements EastLake i.s regujIed to construct shall
:rncl'Ude :bIrt. :not :be lbnited to the .fDlluwi:ng¡ :median i.sland curbs
and site iIrains" :median landscç:rng .¡md i=:::i.gati'On, street
liybts" 2D-foot -.cide :pavement :on £Ïi::her side Df the :med:Um
isJ2md, =1> i:nJ.ets" and asphalt :r:on=ete swales ,:à:i:recti:ng
ñ..'"iri:naCle to =1> i:nJ.ets. EastI.ake -'--:on :ccmt>l-ete :constructi'On Df
said iiIteriJn mprovements "Withi-n three (:3) yêars :after commencing
constructi.on on the same.
c. EastLake shall commence construction of the
rema:i:n:b:Jg full street mprovements on the :north 1laJ::f of the East
Orange :Ave Segment and an additional twelve (12) :foDÌ lane on the
south haJ::f of said Segment :by the -earlier of: a) 1:ra.ffic on said
street exceeding J..20DO ADTs(avera.ge daily trips) ¡ or ib) within
.five years :from the execution Df this :ABI'eement. .Eas+~ake shall
complete construction Df the I-eJlla:i:ning :f1JJ..l :street i.Jnprovements
aDd the J..2 foot lane within three (3) years a:fter :commencing
construction Dn said i.Jnprovements.
d. Eas+~ake shall commence construction of the
Í1lll :stree-:. i.Jnprovements fDr the :Hunte :?arkway l:mprovement upon
the earlier 'of: ,a) ~Iccnstruction .commencing" .on the segment of
:East orange :Avenue, from :Hunte .Parkway to the .olympic Training
!:enter;; or 1» o'construct:i.rm J::ommenci:ng" un the segment ;of :East
Orange :Avenue from :Hunte Parkway to the ;westerly subili"ri:sion
:b01JDda:ry; Dr .r:) -;within five years from !eJCecIItìtm <OÏ -t:his
Ãgreement.. .EastLake shall :r:CJl!Pl-ete .t::onstrncti:on ;of :tbe ÍulJ.
street ÏJl!prrnrements 4d1:hiD. thr-ee l3J :years æ:f't-er commenci:ng
.construction rm sai.d .i.Jnprovement..
e. Easi:Lake shall I:ommence construct:i.'On of :East
1>aJ.omar Street prior to the approval ,of :tbe fi:nal :map Íor
EastLake Greens. 'Unit 26 ,(the proposed affordable hous:rng site)
or the Ì.5suêlDce of êlDY development pennit Ior 'Unit 2-6" "Whichever
DC=S :first. EastLake shall ctmlplete :c:onstruc:t:ionof .East
Palomar .street -within three years a:ft-er :r:ommencing :c:onstruc:tion
on said i.Jnprovement. :EastI.ake shall ;prc:v:lùe thec:ity 1oVith
:unprovement securities approved :by the ,City ~gi:neer to guarantee
8
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:",,">':.-::,c..;.'. .:'::':,:-.::~.,:'...", "..':'. .': '..C.:.-
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";:he construction of Last Palomar S"-J'eet p:::-io:::- to the City's
i.ssuaDce of any pe=it :Eor const...~ction .of said improvement.
2.4. -!:on4ìtion :I/o. 311 -m :Reso:J.ntiJ:m :1.32:OD. In
satis:factiDn D:f :condition :No. 3D .D:f CResoJ.:n:t:iDn 1.52DD, Developer
mill :East:Lake agrees 1:hat the city:may ;wïthhoJ:d bu:ilàll1g pe.=i ts
:Eer imy -=rib ;wj:thbl -the :E'xoject :iž tra:f:fi.c-on Dtay Lakes :Road,
~elegra.Ph Canyon :Road., ~ake hrkway., 'or :East -H'" Street
exceed i:he leveJs of serv:i",e ideIIt:ÍÎiÐd :hi the City's adopted
tbresholàs.
2.5. !:oDðition Jlo. 3~ -m :Resol1Jti:cn ~52DD - Fo=ation
of :Maintemmce District - In satisfacti-on of Condition Jlo. 3:1 of
:Resolution :No. l5200, Developer mill :Las:tLa)æ agrees not to
prDtest tile :fo=ati-on 'of .an :assessment ilistrict :for -the
~ctî:an oOÎ street ÌJl!ProvemeIrt:s to :e=ect Dnlnge Avenue and
:FaJ.Dmar -street "to -existing ÌJl!PrDVements to the ;west -of the
snbject yoperty and not to pr.oter- the. ""'lcl-usiono:f -th., -subject
~rove:ments as projects bl the :Eastern '"T~t-ories Development
:IJl!pact Fee system.
2.£. :CODdi:ti-oIl 38 ;¡. 39 'of :Resolution ~S2DD -and
C:>Ild3.tion 25 -of :Resolution ~8:L7l)- In 'satis:faction -of Conditions
38 :& 39 -of 1Œsolution l52DO and Condition 25 of Resolu--~on 28:170,
:E:as""..rake :shall -deliver to the City., .s;bnultaneously with the
.eJŒCUtion D:f this Agreement, an :i=evDC:ablce offer -of dedication
for :J.O :net usablce a=.e.s -of parkland :for publi~ use, as usable is
-dete=ined :by "the 1:ity, located 'Withi.n :Eas"'...LaJce.Greens, Phase 3
at the site Ïdenti:ficed as the :P-3 community:park ("P-3 Park").
:Ea.st:Li:lke ÍDrther agrees to const:rur:t park iEprovements :for the P-
3 Pilrk in a~cordance õi'ith the reguixements OÎ the .city.,.s
Lëmdsc:ape 'Jo.Ianual .and as approved by the Director -of Parks and
Re=eatitm «o:p-3 :Park :IJJwrovemen--...s" J.. :BastLake shall provide by
:Mardl 199£, :for -the PilrLs :and Re=eation Director'.s :apprDval., the
-es"-...iJnated .cost :for .construction of the :P-3 :Park IJnprovements,
adjusted :f= the '~ampounded -e:f:f-ect :of :i:n:fl:ation :as JIIeasured by
the 20 'City :Aver:age builàll1g cost pri.",es xet:orded in the Jlational
Jmgj:neer.b1g 1News ~ecœ::d Constr:uct:ion :Cost Index :f-or thr.ee years
cammencll1g:MarI::h~ :1.99£ rEstimated "CDsts~J -
~ce ögrees "to proride :the .city.. with iJDprovement
securïties~ :b1 :a~cordance õdth tile schedDle des=ibe De1-ow., :hi ;an
aJIlO1JIltD:f J:25% Dr the Estbnated Costs or i::he P-3 PaJ::k
1JÐprovements. :from a su:f:fi~ient surety" whose su:f:fici-ency has
been :approved by the City- 'EastLakce shall deliver to the city,
simultaneously vith the exe=tion of this :Agreement., an
iJDprovement security :b1an amount .calculiited :as the product .of
'the :mJJDber :of :net .:a=es :o:f paJ::klimd regujred ,(lD) t.:bnes the
parkland imd :bnprovement 'costs per a=e -of 1$:l55.90D per a=ce
:multiplied by 2.25. :Notwithstanaing the Ïorego:i:ng., :EastLa)¡:,e
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s~ll po~ ~ny additional improvement secUëities xeguired to
£'-qual 225-% of the .Esti1nated Costs of the ?-3 Park bprovements by
!1a:::"ch 3l, .è..99B.
æastLëike .i1grees tocCIl!Plete -grat!:bJ.g D:f the :P-3 :Park
'Site :by 'MaIch 3:1., :1996 ana :complete consta1ction :o:f the :P-3 Park
JJI!pr:ovem~~ :by 11arch 3:1, :1999. ~stLake agrees to commence
construction o:f .said ÏJnprovements :by Earch 32, :l.99B. :[:f the P-3
J>arlc :I:1J!prDVements .are not complet.ed "dthin the ti:me speci.:fiea
aDove, the .sums proviaed :by the :i:ß!provement .securities :for .such
iJnprovem~..s :may .be llSea :by the City :f= the completion o:f P-3
:!'=:k :DnprDVements. EastLake agrees to pay the CitY:aDY .shortfall
.b=ween the total costs inc=ed to .complEte the "Work ana the
p=oceeds :f=om any i.Juprovement se=ities.,whit::h :Lncludes :but it
Dot l:bnitea to" to .cost 'Ofdes:igD, aël:m:Uri.stration o:f
construction, ana 'CItto:r:neys' ::f-ees :aDd .court :costs :incurred :by the
r::i"ty ïn -order to .obtaïn :such shortñùJ. amounts.
- ~, ;,'" ... .
:z:as--...Lake :further agrees to .complete -graàingo:f the '3.3
gross acre p=ivate park (P-5.) DO later than :March 3:1, :1996 and
complete !:onstruct o:f i1nprovements :for :sairl park :by the 'earlier
of the issuance of the 2,666th building p~-rmit :for :EastLake
Greens o=!1a:::"ch 32, 2997..
2.7. Conditi:on -4 o:f :Reso2utinn :J.8:17:O- Developer and
Eas--...La1ce 11=; .satisfied ConditiDn -4 of Resolution lBJ,70 through
the 'SatisfactiDn Df Condition:3 of Resolution 15200 in this
Agreement.
2. B. :COnditi:on :J..:( o:f :ResoJ.utinn :1.13:1'7:0. ~n :satis:f:action
of Conaition J.4 o:f Resolution lBl70 I>eveloper and :East:L:akeagrees
that the Ci"ty :bas the right to 'Withhold :builaiTIg perEits :for any
àwell:i.Dg :uni'!:s on the :Pxoperty at .such time .as the tra.:f:fïc
vol1JJDeson Otay Lakes Road, Telegraph Canyon Road, :EastLëike
Parkway, o:::-:East ~Jf~ street exceea the level .o:f :service
iilent:i:fi.ed ïn the City" s adoptea thresholds.
2.9.:coniliti'Dn :J.5 'tI:f iResol'Utir>n :!:B:l.7lÐ. ID sat:i.s:f:action
o:f ;conèition J3 .o:f Resolution l'Bl7D Developer ærnd æastLake :agrees
to ùerena. iDaemni:fy. and .hDlù X1a:nnJ.ess the :city. and :its agents"
o:f:f:i!:ez:s .and -eJI!Plnyees. :from m1Y oelëdE.w .ëit::t5:tm = ;proceea:i:ng
:against the 'Cj:ty" or:its =gents4Dff:i-cers Dr 'f!JI!Plnyees" 1:0
attack" set :as:ide, void 'or annul any :approval :by the City"
ïncJ.uài:ng 'i3.pprovaJ.s by its Pla.nni:ngComm:issiun" 'City 'Council" or
any approvaJ. :by its :agents., 'O:f:ficer.s, 'Or -empl'Oyees ..-ith regara to
this Project pur.suant to Section -66499.37 of the :Map Act provïàed
the City p=ompt1y DDt:i:fj,es EastLak-eo:f any clã.i:m, .ëictionor
þroceeèÏng lma :fully cooperates i:n the de:f~e..
lD
IV
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2.20. Condition 26 of ~esol~=ion ~S27D. In
satisfaction of Condition 26 of Resolution 2B270 Developer and
:Ea.stLake agrees to .hold the City .hannless === aIlY liability for
erosion, siltation :or in=ease :flow o:fdrainage resulting :frD1ll
this :P.roject.
2.:LJ.- I:ond:it:ion ~-¡of 3tesoJ.:nti.on ~B:17Ð- in
satis:f-action o:fCondition 27 0:E "Resolution 1B170 Developer .and
I:a.stLake cagrees to pe=i:t .all .cable television companies
:franc::hi:sed by i:he .City o:f Chula "Vista oeguaJ. .opportunity to place
conduit to and provine cable television se...T"Vice :f.or each lot or
1II1it wi~ the project- DevelDp"-I and :x:as--..:Lake :fur'"....her l!.grees
-to grant, by license or easement, <md :for the bene:Eit '0:E., and to
be -en:Eorceable by, the city o:f Chula vista, conditional access to
cable television .conduit ..ithin the proper-..ies :situated ..ithin
the :P.roject .ouly to "those 'cable te1evÏcsicn compëmies :franchised
by "'tile .city o:fChula vista the .conditi-on m such :gr¡mt bei-ng that
(a.)- such -access ïs .coordmated with DevelDper and :Eas""..:Lë.ke' s
construction schedules so that .J.t :does :not :delay :or :i:çede said
c~..ruc--..ion schedules .and does noT.. reguiIe the trenches to be
reopened to D.ccomIDodate the placemento:f such conduits; :aDd
[b) any such .cable company ïs and remains in compliance with, and
promises to remam in compliance -:with, the"'!:erms .and conditions
of the :Eranchise and -with all other rules., regulations,
=:dinances and proced=es regula",ing and :a:ffectmg the operation
o:E .cable television :CD1llpanies as saJlle lIlay :have .been, or :may :fr.om
tiJne to ti1ne ..be, issued ..by theCi"ty o:fChula vïsta. Developer
and :EastLake l1er-e.by cconveys to the City o:f Chula vista the
authority to -en:force said covenant by such reIIledies as the City
dete=i-nes .appropriate., including rev.ocation DÎ said 'grant "Upon .a
rlete=ination :by the city o:f Chula Vïsta that they :havev:iolated
the conditions o:f the grant.
2.J.2. condition 22 rI:f ~esollItion :1.S:L7.Ð- :U1
satis:El!.ction o:E Condition 22 of :Resolution 1B270., Developer .and"""--- _."
EastLake .agrees to "Comply -with the terms <IDd conditions .o:f the
Acquisition/Financing, AgreeIIlent :for Assessment District 94-::1.., CO
94-064., <iiPPI"-DlTed D.Y Council .Resolution ID74B3 :as said terES :and
condïti:cns ~y :be :applicable to this iievel-opDlent.
2.13. ;Condit:ion 2B o:f 3tesoJ.1lê.on :1.B:17Ð. In
satis:f:acticn :o:f ;Condition 2B 'O:E .ResollIticn J.BJ.7D. Developer ,and
:Eas1:Lë.ke cagrees to -submit landsc:ape plans :for Lot C imd -water
:management guinel:ines to the .City :for .apprmral pri= to .approval
o:f the private park (LoT.. 'C) grading plans.
2.24- condition 29 t>:f :Resolllti-on ~SJ.7.D- In
sat:is:f:actirln :e:fCondition 290:f .Resollltion 1B27<0. Developer and
'East:Lëlke :agrees to -su:bmit a landscape design :for J!:ast 'orange
.Avenue :and Bunte .:parkway l!.nd obtaiD appr:eval :from the Pa:cksand
J.2
77
,,'-'-'
'---'---'------" -,,----,---.-
..
-.. ----
?e:::reatitm Landscape Architect pri::r to or ::oncurren-::ly with
approval e:: the first site plan :fer the }>reject.
2.2.5. "Ccmdition 3D m :JlesoJ.miD.n :1.11:1.71>. In
.sati.sfactitm of Condition 30 of :ResoJ:ution J.BJ.7D, Developer and
1:así:Lake agrees to take ãction ~ :reguired :by a .noise study
i:tpproved :by the City to :mitigat€ :noise to <l.ccep1:abl€ levels prior
to issuance of :building per1IlÌ"ts Íor :Proj€~.
2.J.£i. Satisfaction of r:omtitions. .city ãgrees that the
execution of this Agreement constitutes :satisfactiDnof' Developer's
ãIld :Ea.stLake's obligation of conditions 3, 303J., 38 and 39 of the
?.esol"ution Jile. J.5200, -and Conditions .General Condition ~C~ and ~D~ ,
"" 24-27,22, 25, 28, 29, ;;. 30 of :Resolution .No- J.8l70.
2.:17. ~liimce 1i'ith ~:i:l.J..efI :Conditions.
Developer 2md æastLake ãgr,*,S to 1::DIl!Ply -..åth all 1::onditions of the
!!'ø..Dtãtive SUbdirision :Map ãpplicab=',.. ~D the 3'ToPert:Y ~hich :remain
11I!PerÍor:med = ll11Íulfilled at the ZÍEe of the ::fi.li.ng c:E the Final
:Maps.
3- 1iecerd:mg - This Agreement, Dr an abs--..ract hereof
prepared by either or all of the p=ies, :may be recorded by any of
the parties.
4. :!Ie -¡¡zd:ver .of P=.kObliga"tions- "The .signing of this
Agreement aDd the approval Df this .FiTIal .Map .shall not :be
¡::onsidered a -:waiver of the positions .held by.e.ither the City Dr
:EastLaJc e with respect to the park i:J!¡provement obligations of
:Ea.stLã.ke, includ:i:ng but :not li1nited to, the dedicatitJD of :parkland,
the !::onstruc'-~on .of the Community Center and Gym or .such 'other park
iJ:@rovemen--..s, ãsset Íorth in Condition 'No.. 39 uf :Resolution J.5200,
the æastLake :Park Agreement, EastLake Greens DeveloþIDent Agreement,
:EastLãke Greens III DevelupJDent Agreement and suchuther agreements
that :EastLake :may .have .asswned the obligatiuns thereof-
5. J!isce:D.Jmeous.
5.l. :Notices. "Unless Dthenrise :pTovj:ded :i:n this
AgreeJDent Dr :by lãw, ;¡my and .all ":notices :regui:red ",r pennitted :by
this Agr-eement :or by lãw to :be serve¿ DIl :or :d€livered to the
parties shall be :in =iting .and shall .be :deemed dnly served.,
ñelivered, and received -when personally delivered to the party to
"WÌlDJII it is di:rected, or in lieu thereof" ..men th:ree (3) ;business
days Dave €lapsed following deposit in the 11..5- :mail, certified or
registered :mail, retu= receipt reguested, :first-class postage
prepaid. æ1åressed to the address :i:ndicated in this Agreement. A
party :may t:hange such address Íor the :p=:pose -of thïs paragraph by
giving -written :notice of such t:Ìl-ange to the other parties.
.Facsi1nile trans:missÜm shall constitute persenãl :delivery-
l2
7%'
~.
"""'.<.>:-. ..','.
- -
CITY OF CHDLA VISTb
276 Fo14--tÌ1 Avenue
Chula Vista, CA .9l.9l0
Attn: DiIect= o:f Publi!: :WDrY.s
DevelDper:
XaufJnan and Broad o:f Ban Di~go, Inc.
:L2£26 JIigh :Blu:f:f Drive, .suite 400
.san Di~go, Ca- 92230
.EastLã:ke:
EASTLA1Œ DEVELOPMENT COM!'»"Y
900 Liine Avenue
.suite i:LOD
Ch1Ù2i vista, Cali:forniii 9:1..9J.4
Attn: will:iêJI\ :T.Ostr,em
-¡¡ice :Fr-esident
A party :may chiinge such iidaress :for "the' j,14-poseD:f this paragraph
by giving written nDti!:e o:f such !:hange ~o"the other pê--rtie.s iD the
=er provided in this paragraph. :FaC5i:mil~ ~sion shall
constitute personal delivery-
5.2 Captions. Captions:in this Agreement are inserted
:for convenience of reference and do not deriDe, des=:ibe or limit
the scope = iDt-ent o:f this AgreeJDent Dr aIlY o:f its terms.
5_3 :EntiIe Agreement- This .Agreement !:ontains the
.entiIe :agreement between the partie.s r-egaraing the subject matter
hereo:f. Any prior oral :or writte:J repre.sentations, agreements,
understandings., and/or statements shall ..be o:f no :force aIlde:f:fect.
'l'his AgreeJDent is not :intended to supersede or aJDend any other
agreement between the pa..-ties unless expressly noted.
5.4 Preparat:ioIlo:f ::AgreemeIlt. Ðo imerence, assUJIlption
Dr presumption shall be ,drawn :from the :fact that a party or his
attorney ;pr-epar-ed and/or drafted this Agreement. It shall be
!:onclusively presUJIled that the parties participated -equally iD the
preparatiœ1 ana/Dr :drafting this Agr-eement-
5.5 'Rec:iU:Ls; ExhÜ>:its- .Ar1y r-ecitals set :forth above
are iDcorporat-ed :by re:fcerence :bIto this Agreement.
5-£6 AttoDleys' :Fees. In the event o:f aIlY dispute
arising out of thïs Agr-eement, the pn~v:ail:bJg party in any action
shall be -entitled to reasonabl-e attorneys' :fees in addition to any
other costs., daJllages, or remedies.
:1.3
71
.'" .
". '.
~
Sigr,z-==e Page -=0 SuppleI!ten~al Subdivision II!tproveI!ten~
.Agreemen-= ~or East lake South Greens Unit l2
IN UTNESS :wHEREOF., the :par-~s hereto have I:aused this
agreement to .be .executed the day iU1à year :first .ÌlereiDabove .set
:fcrth-
TEE CITY OF CHULA VIST/>.
~,I¡ht1t4~ By: \;
Mayor of ctle city" of Chula :Name:
Vista Title:
~" ~
'.\ ' .' By:
~T '\:'.JA \1, '~14Ú'j- :NaEe:
. ' *"- Cii:y C'1..erk~ ~itle: 1"'\ ;"""~..::;."" ~ /.4.:0:.-5-+. :=rr:::r;-,~7
1';pproved -as to Ío= by EASTLA1Œ DEVELOPMENT COMPANY,
a ealiÍDnû:a :general
uartnership
~ ~~ ¡J~.>--....- -- By: ÐO~ :PROPERTIES, INC., a
City.Atto=ey V Cali:fDrnia corporation,
Gen~ :Partn~.
;/ ~' ,
By: ~L.:.~~
Name:
Title:
Ey, :f:ø ~ ~
:Name: / / "
Title: ;' / /
.V
By: ~ TIJLAGO r:OMPÆNY~a
.CaJ.j:fDrniD. .cœ:poratiDn"
.Gen.?'9- 3?~.
BY:~
.Name:
T.i~le: ~
By, ~ ~-
Name: / .."
Title: I
(.Attach .Notary .Acknowledgment)
J..4
g1
,.':.:<,:.'.<-. ..." . .".
- ~
CAl.1FORNIA AL1.-PURPOSE ACKNOWLEDGMENT ...""'"
State 07 eali:o:::nia
County of San Diego
On ~~bruary 12., 1996 belore me, Kathryn L- Sisko, 'Notary J>1ib1ic
"..,. -E."TITLE OF om::ER. E.G..-:JAfEDD=- NOTARY I'UBU::-
personally appeared Martin LighterÜik and Lisa Gordon ,
~ """'rsIOF"""""',
e!5onally known to me - OR - 0 proved 10 me on the basis 61 :satisfactory evidence
to be the person(s) whose name(s) is/are
subscribed to the within instrument and ac-
i<nowledgedto me that he/she/they executed
the :same in his/her/their authorized
~ -ŒRCIAL.1õëAL. ,I capacity(ies), and thBt byhis/herltheir
, siëmature(s) on the instrument the .person(s),
@~L~m
... KJTARn'IBJC-t:AlJF[]!INIA - or the entity upon behalf of which the
:! , ';coI88SSICN_1D1111511 t:
; ~I:OUNTY - pBrson(s) acted. executed theins1rument.
1 -~1:Ip.1Ic.:i!2, 1W7 I
~d~
, ' SJONAYUREOFNOT-
OPTIONAL
Thougb thet1ata:belowisl1ot'requi'ed by law. iI may prove valuable tol'ersons relying on'the do::ument1'md could prevent
trauduient-reattachmenl ot this form.
I:APAtlTY tL1lIMEDBY :SIGNER DESCRIPTIDN OF ATIACHED DDCUMENT
D1NDIVlDUAl Eastla1œ Greens .south TInit 12
DcDRPORATEon-,l,;::R SupplementaJ. .subdi:v:iEion
Imprnvement ..Agreement
lTIlE DR TYPE DFDOCUMENT
-ntWS1
0 'PARTNER(S) 0 1.1MlTED
0 GENERAL
0 ATIDRNEY-IN-FACT NUMBER QFPAGES
0 ìRUS1EE{S)
0 GUARDIANtCONSERVATOR
0 OTHER:
DATE OF DOCUMENT
SIGNER1S "REPRESENTING:
'NAME OF""""""I5 DR Ef/TTT'mES1
StGNER{S) OTHER THAN NAMED ABOVE
-193 'NATIONAL 'NOT ARY"-SSQCIATlON-1I238_1 A.... 'P.o. - 7184- t>o..... 'P.'" t:A '81::109-7184
t/
-c-~c ,..,T,-'-"
- ~
CALIFORNIA AU-PURPOS... ACKNOWLEDGMENT No 5BO7
Stat:: of C2.l-i=ornia
County of S2.n DieDo
On February 9, 1996 before me, SiJ:vanaC.. :B-razell, notary Dub 1 i c
"'-"IE 'NAME.õTTL!' CFo.-"'F1CEf¡. E,G" :JANE DOE. NOTARV PuauC"
-personally.appeared Paul G- Nieto ana Curtis J. Stephen!';rm
NAME(S) OF SlGHERlSJ
ro -personally known to me - DR - 0 proved 10 me Dn the basis of satisfactory evidence
to be the person(s) whose name(s) is/arB
subscribed 10 the within instrument and ac-
knowledged 10 me that he/shelthey -executed
the ,same in his/her/their :authorized
x:apacity(ies),and 1hat by "his/her/their
signE._...(S) on the instrument1he person(s),
Dr the entity upon behalf 01 which the
~Ij -person(s) ßcled, executed the instrument.
0" ",~. ',S~V C.BR~I:
'" Hcrr 011951 n
0 .SA cot~", WITNESS my hand and official seal.
E My n- n
- '.. i'3!RlIARY12."""'- - ç/ L L. ¿': . .
1998 --1
, '.( 'Ú-t.<L%/ . -~~
SIGNATURECFNOTARV ..J
OPTIONAL
Though1he data below is not required by law. tt may prove valuable 10 persons relying on1he'dm:urnent:and could prevent
trauoulent reattachment of Ibis form,
CAPACITY CLAIMED:BY SIGNER DESCRIPTION DFATIACHED DOCUMENT
0 INDIVIDUAl
0 CORPORATE OFFICER
"'TITLE ORìYPE DFDOCUMENT
mJ..EfS)
0 PARTNt:"""R(S) 0 LIMITED
0 GENERAL
0 AïTORNEY-IN-rACT NUMBER OF PAGES
0 IRUSTEE(S)
0 GUARDIAN/CONSERVATOR
0 OTHER:
DAlE OF DOCUMENT
:SIGNER'IS REPRESENTING:
'NAME CF ÆRSONfS) OR EN11TY(1ES) ,
:Boswell Properties" Inc. SIGNER(S) OTHER THAN 'NAMED ABOVE
~he "Tulago Company
=>993 NATlONALNOTARY"5SOCJATlON- 8236"Remmet"'ve..'f',O. _7184- eonD Õ"""'.CA91SD9-7184
ff;¿
_-ce--c.--.-
-- --
----
-
EXHIBIT ~ A ~
LeE8I Description
,ChUIa V.ismTrnctNo. -96-02
EastIake:SoutbGr=s, DnitNo.12
R-12
.P.ARCEL3 OF.P.ARCEL MAP NO. 17644,1NIBE Cl'IY OF CHULA VISTA,
COUNTY OF .5AND1EGO, :s:rAIE 'DFCALTFDRNIA. ACCORDING TO MAP
IHEREOF FlŒD 1N IBE ÜEFlCE -OF IBECOUNTY RECORDER 'OF :SAN
DIEGO COUNTY JANUARY 26, 1996AS:F1I3NO. :;;.:;..Q0413180FOEFJC<l,
RECORDS.
t^3
----
0"0 - -~
CAUFORNIA ALL-PUFI. JSE ACKOWLEDGEMENT
I
State of California )
County of San DieBo )
On ~\~\\~ :before me, Vicki C. -SoderQuist. Deoutv City Clerk.
~SDnaIlY .ãppearedShirlev -Horton. 'Mavor
personally known -:to me -DR - D+>rov.ed -:to me ¡)n ~he basis :of satisiãctory t!vidence 10
:be :the +>erson(s) whose name/s) islare :subscribed 10
:the within instrlJTTlBnt õnd BcknDwledged 10 me :that
helshel:they-ex-ecured 'the :same in his/herltheir
;authorized ~pacity¡iesJ. oand ~at byhis/herltheir
siBmnure(s) ¡)n 1:heinstrumem!he :person(s). DT'thfJ
enti!y :upon Detuilf uf which "the :person(s) :acted,
'executed Ihe instrume~'r.n
WfTN'"":SS my hand and official seal.
'\s ~& ~k, ~
:SipM~f Noto,v
:OPTIONAL
Thou¡¡h 1he:data below is -not TeQuired by law, it may :prove valuable W DefSOns relyin;¡.on 1he :document "and
could :prevent irBudulent reattachment -of 1his iorm"
CAPAr:rrv 'CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT
D Jndividual ~\ ~~~r~
t:DrpOI3te Dffu:er
. ",,\.i.:& ". ;
Mavor Trtle Dr Type mDo:ument .
Trtietai
D f'armet:s(s) D Limited
0 General Number Df "Pages
D A~mey-in-Fact
0 Trustee(s)
D GuarDian/Conservator
D Other; Date "of Documem
SIGNER IS REPRESEN11NG:
"N.....<rI""..onI8i-ar"Erttityro..i S¡pnerls) ,Other Than 'Named Above
City of Chula ViSta
o'
~
?f
1~-nA~-lYY6 UL;~~ yn
, DOQiIDED.nom:sT DJI JI'IJ!m nmarn !l'!!2 ,'=:-1.:t' [,;:"nr'",
, cnmm-m-c,rm lIIt=..JìG ".."","""","'" , . OW.". "OW"w.'
'," .........'u............, ~~ 't.,' ,n:",r, .~-'!;;.."-Y r"rmmrr<'c ~==:c,
~\ ,;o~,' .o_w- -~w..,' .._-",,"., . - _w-
I 1'.ECDP.DING J'XQUESTED B~~ ATTACHMENT 7 ,'.5E';~;"1'::':=:~, COUC\ ¡::::J:,:'::
; r.r
C;:::y C~erj: ",--' -- ' ...
..' )
Ii3EN 1!ECDRIæD .H1-..IL -:I'D:! 22 B ) , -
-) , -
1:ITYDF -cHm.1i "VISTA ) -;,
:::Z7£ 'Four""..h 1Wenue ) -, '-"" .-
ChuJ.a Vi1r'-..a., = .9l9lD ,- )-
~, ' -, -"
1<0 ~ansr= -::ax is .due ...s this is a. J . " A
t:cnveyance ';:0 .. pub~ic ag.mcy of . -f' ~ "', --'
~ess than.. :fee interest :for which -~'.) ;. " ,
DC cash consideration has been paid ')~" .
aT received. j ,
)
)
)
.DeveJ.oper )
) -
Above .space :for :Re:::o:::der's Use
SUP.PLEMENTlIL SUBDIVISION IMPROVEMENT AGRIEMENT
(Cenòi:tiens 3, 30 and 32 of ResollJti.on 25200; Cenditi.ons
Gen~al C.onditi.on ~C" lB, 29, 20,22,22,23,26,33,35 and 40 .of
Res.olU""-den lB2 76);
~. is .supplemeDt~ Subdivisi.on J:1nprevement Agreement (".Agree-
:ment~') is :made this~ day .of /'1/1/?clr ,l3.9k; .by and .between THE
CITY DF :cmJLA \TISTA, CaliÍ.o=ia ("city" Dr "'Grantee" fer recerding
pu..-rpcses .only) :Fieldstene CD1ImImrities a :general partnership
("Develcper" .or "Grantur") , and ~astLake DEVELOPMENT COMPANY ,
(~:EastLake~), -;with :re:ference tu fie fãc"'-..s set :fcrth belew, which
:recitals c.onstitute a part .of this Agreement:
:IŒc:::rnu;
:2- 'Tbis ~eeme:nt -:c.oncerns and ~ec"'-...s :certãiD :real property
J.Dca1:eè. :m -.t:htJla 'Vistã., :t:aJ.:i.:f:o=3.a. :more pcrt:ìt::u]:arJ.y :described .on
æxl:ri.Dït ".A'" J3.1:tãched :herete .and :mc.orperate:d Ìlerei:n .("Preperty").
"The :!'.roperty is pëcrt ,.of <i pr.oj~ct -t:D1ImIcnJ.y bCWD <is J::astLake S.outh
Greens 1Jnit 23. For pw::p.oses .uf thìs Agreement the ter:m .'.Project"
shall :mean "Property"-
2- J)e~cper is the ,.owner .of the Prepe-rty.
3. ~,..1.iake is the .benefïci.ary -under a deed of "Trust f:er the
Pr.operty" :recorded ;January 3D, l.9.9£as File :No. :1.99£-004-£7.88 .of"
Dft:iciiO. hCDrds" i!Ild is the htÜder .of certa:b1 :repurchase rights
J.
Co 9¿-t/d.3
? ~ .{' J?" J. ;). 5'"
2229
1IDder agreements recorded .:ran~""y 3D, ~996 as File Nos. 2996-
0046790 and 2996-0046792, of Official Records.
4. LastLake has applied for and tile City has approved E
~"eDtative Subdivision :Map commonly referred to as EastLake South
Greens Dnit 23, ~ct 96-03 ("Tentative :StIbdivision :Map") for tile
:snbtli vi:sionof the :!'roperty.
5. The .city has :adopted Re:sol:ut:ion :No. ~52 00 and subsequent
::Resolution Nos. ~7628 ünd ~827-6 'C".Resolutions") pursuant to which
it has approved the Tentative Subtlivision ]olap subject to certain
condÏtiODS as JIIore partit:ulãrly ne:s=ìbed iD "tl1e :Resolutions. Tbe
de:s=.iy-..ion of the contlitions iD 1:hi:s recital section of this
Agreem~ is i-ntended only to sUJDIIiarize and paraphrase such
c:mditions in the Resolutions, lmd is Dot ~ended herei-n to JIlodify
Dr €Xplain them, and is JJot :iJJtended ~ :a ~asis :for interpreting
them.
A. t:rmIÜ.ticn 310.3 -of :Reso:brt::ion "Jio. B21)1) requires developer
~D guarantee construction o:f ÌJnprDvements prior to 'approval oi E
final JII'ap :for each phase æmd to construct the ÌJnprovements prior to
issuance of .:a-ny ~uild:i.ng pe=its :for :a :snbseguent phase .specifi-
cally ,Condition No.3 reguire:s the .consb:Jlct:ion of :East Orange
Avenue :fræn Bunte P.arJa.7ay to the "Westerly sUbtlivisiDn boundary and
Runte Pf!Xkway :frOlIl South Grea,-¡sview to :East Orange Avenue with
dev£ÜoP1I1ent .of Phase :3 and E. 'palCInf!X" 45 set :for-...b JIIore particu-
larly in ::Resol1Jtion Ro. 2520D.
B. Condition 310. 30 :o:f :ResoJ:ution :No. ::1321)0 requires
developer to .enter iDto En agreement "Whereby the developer agrees
that the City JIIay vitÌJhold ~ui.2d:i.ng pe=its :for lmY units in the
subject subdiyision if tra:f:fic .onOt'aY LaJce:s Road~ Telegraph Canyon
:Road, :Eas""...lake Park-way ,Dr :East. "'11" street .exceed the levels J:)f
se.."'"Vice :identi:Eied in the City.'sadopted threSholtis.
C. Condition :No. 32 of :Reso1.ution ::I3211t1 reguire:s developer to
'agree to Dot protest :fDDllation D:f .an :asse:ssment district :for the
t::OIl5"truc:tion o:f street iJI¡provements to oecnnectDrange Avenue and
J>.alCInar .street to ~g ~17e1Ilent:s ~o the -west of ~esubj ect
:ÌJl!provements ðS projects ìn the 3!:aste:c1 ~itories Development
:DI!Pact :Fee .5ysteJn.
D. 'GeneraJ. JConðiticn ~ of :JtesoJm:3.an :1.1n7JJ requires the
:developer ~o comply a.nëi r-emaiD incomp15:ance <rith a.nëi iJnplement the
teDllS" =àitiODS and provi.sicns :of' ÐistLa:k:e oGreens Sectional
:Plann:b1g 2re?(5PA)., Ea~...Lake .Greens Plæmed Community Regulations,
tile :Eas'-....LakeGreens DeveloplIlent Agreement. the :Water Conservation and
the kiI QuaJ.:ity Pla:n. Design ".Guidelb1e:s æm the .Public Facilities
:J'i-JJaDcing Pla:n.
:E. ~tion 310. :1.'8 1Of :Reso1ution Jio. J.BJ.7JJ reguires the
éLøveluper to 'eDt-er :into an 'agrI*!Jllen1: ~ïtb fie 'City ..mereby:
:2
Ç}/J
---.,
3.. ~e developer ;agrees the City :may "Withhold buildi11g
permits :for <my :units :ÎI1 the subject subdiv:iJ;ien i:f either one of the
:followi11g occur:
a. :Regional development threshold liJnits set by the :East
Ci:mla Vi.sta ~anspor:t:a.tion :Fhas:ÎI1g Pl-an ÌlaVe .been reached.
:D. :TnI:ffic vcÜmnes., levels ~ serv3:ce. pDblic utilities
zmdl= serv:ices exceed "the ~dopted .city 1::Ì:D:'eShoJil. standards.
2. The regu:ired public j"a.ciliti-es, :as ::i.dentn.ied .iD the Pfl"?
Dr :as mnended "Dr .uthen1:ise .t:onàiti:cned :ïmve :not :Deencompleted Dr
constructed tD satis:fact.i"CIl:cf :the .city. ~deveJ.c.per JnaY prDpose
changes :m "the tbning Jmd seguencb1g "D:f iìevelupment ana the construe-
ti:cn OÎ iJDprovements c:f:fected. :In such -case, the P.FF:P :may ::be -aJDenàed
as <ipproved by the city P~amring DiIector zmd Public Worr-..s Director.
Y. Comtit::ion :So. :1.9 m 3æsoJ.11ti.'on :!Iio. ~3.7¡; requires that the
deveJ:oper ;agree tD àe:fend, .iDèìeJJmij'y ana 11Dld 'h.........lp..~ the .city .and
its agents., "Dff:icers :ana. <eJI!P~ees" :frc:m¡ M1Y :cJ.BiJ:n, ;a c:ti en or
proceed:U1g ;aga:i:nst "the .city., Dr its ;agents, D:ff:i:cers Dr smployees to
~.:.a.ck, .set ¡:¡,side, void :or .mmul <my ælpprDViÙ. .by the .city. :mc1udb1g
"',p,p,u.ni...:J. Î!Y .its Plamring :commi.s5:i.on, c.ity C=ciJ.or -any <ipproval by
the 'City" :mc:J:nd.:ÎI1g ;a~vaJ. .by .its ;agær...s., D:f:fice:r:s "Dr -eIl!Ployees
"With regard tD "this slihdivisimI pm:smmt tD Secti"Dn -£6499.37 of the
'Map Act provided the City prDJl!Ptly Dot.i:fies the suhdividerof <my
clailn, ac::'-...ion Dr proceeding .and -on the ÏDr"'"....:her -condition that the
City :fully .t:oqperates :m "tlle ùeÍense.
G. 'Conitition :!Iio. 2D :o:f :Resoluti:on 310. :l.11:1.7ii requires the
developer tt> :agree ~o .hold the City :harmless ::Exom any liability :for
,erosi-on, siltati:on ::or :mer-ease ::Elow oÍ :àr:ai.JJage result:ÎI1g ::Erom this
p=ject-
E. .condition :lio. 23. .eÍ :Resolution ~. :I.'B3.706 requires the
developer to agree to :insure thirt :all :franchised 'cable television
companies (~Cable Company~) ere pe=itted equal upportunity to place
'cenàuit :aDd provide cable ~elevi.sion service to each lot wi.thin the
sUhdivisïon .ana restrict access to 1:11e =dui:t to =ly those
~ed :ca:DJ.e teJ.-erisi'CI1 :ccm¡pan5.es 'Who are" aDà remaiD ÌD ,ccm¡pli-
411ce 4d::th" ~ :o:f tbe :berms aDd ;c:onàit:ions :o:f 1:he :franChise :and ~ch
are ÌD :further <ecm¡pli-ance ~tl1. an utDer niles. regu]:ati-ons~
"OJ:1liDëmces and procedDres regDJ.at3:ng :aDÒ. 3:f:fectiDg "tlle operati= DÍ
:cable 'tel-ev3sion :CCJI!PêIDÍes ;as same :may Dave been~ Dr:may::Er.om tiJne to
tiJne :De :issued :by 1:he :City:o:f :Cb.nla Vista
:1- 'CcDdition :lio. 22 ,o:! ~esoJ.uti-on :Lí!:l76 requires developer to
prov:lde a .Doise .study i:l.dàress:mg :noise :llI!Pacts genenrted :by :major
streets s=D1mding the :pr.oject ,(So1I'"...hGr.een5VÌ-eW;) .ana .iJl¡pl-ement any
::measures :necessaJ::¥ to :miti-gate =ise .:bçacts t:o :ax::ceptable levels
prior t:o ìssmmce of :building :pe=its.
3
31
.I,,;J'L
;:J. :CoDditiOD )10. 23 or. :ResOJ.utiOD )10. ¿8:17£ requires the
developer to agree to provide decorative type :fencing, per estab-
:li.shed :Eas--..1.ake :fence design, aJ.ong the rear property lines of lots
-45 and 4£. Said :f€Dcing should be integrated with the design of lot
55 exterior :fence and ftent .fence of lot 56.
1\. ~OD ]IIc. 2£ Df ~-O~OD JIIo. ~:17'£ xeguires :EastLake
to :reduce 1:he :assessment Mstrict debt <CD 1:be proper1;y :iÏ the land
:use .J:nt~ ;ðecr-eases :fran that .assumed ~g :dist:rict :fonnations.
~
:L.. ~tiOD JIIo. 33 of ~o:l.ut:i.an ]110. :1.11:17£ xeguixes the
.tLøvelDper "to :grant Dff-.site -easemeIIts to "!:he city :fer :construction
and EaÎntenanceuf -off-.site;pUblic st= ~ mId :sewer :facilities.
JoI. Coudi::iOD JIIo. 33 of :JœsOJ.utiOD JIIc. ¿8:17£ xequires the
develuper to prDvideev:idence Df cC!I!Pliance with :parkland dedication
and PaDc :J:mprDVemeIrt: xeguirements.
:N. ~tiOD JIIo. ~Ð œ 3æsoJ:ut3.OD 3110. ~:l7'6 xegu:U:-es the
:developer to ;prDVide 43. .construction schedule o.å:th trigger points :for
i::he coDSt:::1lction Df :parks P- 3 and P-5 as ::ident:i:fied ÌD theænended
:EastLa.ke .sPA :Plëm.
"There iIT"e certai11 -other lmpø...r:f=ed and mrl'uJ.£ìl1ed 'Conditions
of said "Tentative Y.ap.
City :is :w:i:1liDg.,on the ;premises, se=ity, -teD!lS :and conditions
Ìler;::m :coIl't:ai.ned "to :approve the :fnaJ. .:map :for ;which Developer has
:applied :as :beiIJ.g i.D substantial comoDDaDCe wi.th the "Tentative
EubdivisiDn:Map descriDed i.D "this ABreement..
:NOW, ~DRE., :iD £xchange .for the:mutuaJ. covenantsy teD!lS and
=D1lditions :hereiDcoDtaïned" the :parties :agree as set :forth .below.
:1... ~..emeDt AppJ."3.cabJ.e to SUhseq1leDt <DwDers.
¿.:!. ~..emeDt 1Ii.DdiDg ~pOD Successors. "This Agreement
:Shall .be :Dinæb:tg :upOD and iDure to the :beDe:fit \Of the successors.,
i!SSÌgns and :mt-erest:s :of the :partïes as to any = .all m fie
h~ ~ x.eleased %>y "the =rt:naì :consent ;c:f fie .;pëlJõ1:i-es.
:1...2 ~.9%'-.mt ~UDS witil. "tbe:Lmlð.. '!!!be Drc:ùen <of the
C~ cont:a:i:ned :iD "tlds Agreement «81Buraen"';) :is:fer the :bene:f:it
.of 1:Ìle limll 'DWDed ;by the 'City adjacent to "the :?ropert:y" ùescrìbed
as ~Cammunit.Y l>l!.rk. :more :particulzlrlydes=Thed as Lut ;¿ ~f
:Map Jilc- :12544, xecorded .January 26, ~99U- "The Burden ~oucnes and
concerns "tile :Property. :It is the iDtent D:f üe :përties" l:I.nd"tile
part:i-es agree" that this covemmt Shall :be :DiJ1tti:ng "Upon" :and:run
..ithy "the =ersh:i,:p -uÏ "the :!.aDd ~ch .it :Durdens. The -æurrlen Df
this .Agreement -sb-all :be xel-eased :from tille" .-as "to an ina:ïv:i.dual
let = -mrit ..:i:thi:n the hDperty "tIpon the saJ.e -o:f any lot :i:mproved
.4
er
"~,j~
<odtil a residence. provided .however" the City detenniDes that the
€ffect of such Ielease" or iD conjunction 'With previous releases,
.d-ll not jeopardize the completion of the Í1I!Provements or other
obligatiODS remaining under this Agreement. If the City determines
-::hat the release will not jeopar!li.ze said obligations" the Ci"ty
.sh1ùl -exet:1Jte ,è -gu:i:tcla:i.:m IeleasIng -:the ~den :of tiis Agreement
fitm¡ the titl-e n ;any such ~t-s. ..1$ n aDY :lots ..m:iI:h .Dave not Deen
released" the ~urden ;of "tlJÏ-s Agreement: $hall :ccnti=e to encumber
sm::b lots and shäll :be Jrinding -upon, BDd = ;with_, the ownership of
sncb l-ots -mrtD such l-ots are I-eJ.eased.
4. 3ieJ.ease %In ;Guest; 3h1iJ.:ðer ~gmaent:s. IT the owner
of -the ~ assigns BIlY -por:c:on 'Of the ?reject"~ -the owner ~y
Dave -the right toobta:in 'a IeleaseDf ;my :of the mmer7 sobl:igatiODS
-unãer this ß;;¡reement, provided -the Dwner oþ'-~ the prior -written
ZDDSent of -the city to such release.. .such :a5si9ßIllent shall, however,
:be subject to í:hìs Agr-eement .æmd -the ~den D:f this Agreement shall
-~ 'a -t:UVemmt :r:umring ;wi:tb. -the land. The -City shall not ;witlihold
itst::onsent to :any :such :r-eguest ::fDr 'a :rElease 'SO lDDg -as the :assignee
'ackDowledges -that the .:Bu..T'JienDf tie Ägreement =s ;with the lãDd,
assmnes the obligations -:of "the .owner =uìer this Ägreement-, :and
deJnoDs"trates., to -:the reasonable satis:facti.:on D:f "the :city., its æ:iJ.ity
to perÍo= its obligations 'lIIlder "this Agreement .as it :r-eJ.-ates to -the
p=+..ion of the :F'roj-ect :which :is :being ælcgui:red ::by the Assignee.
.b. :'Partial .1teJ.-ease of Developer':!! 2I.srignees. If the
owner of "tìæ :F'roper:t,y :assicgns .æmy portion -o:f the :F'roject :subject to
the :Burden of this Agreement, ~on Ieguest :by the DWDer .Dr its
assignee, the City shall :releäse the 4ssj,gnee of the :B=den ;of -this
Agreement as to :such :assïgnedportion :i:f :such portion :häS x:omplied
-with the ~anents D:f this .Agreement :and suCh ;partial :releêise 'WÏll
not, iD the opfuionof the :City., jeopar!li.ze -the liJc-e1íhood -that the
:remainder Df the :Burden will not :be x:ampl-et€Ò..
2. ~'B:Dce 'CfCcmditiDns:
2_~ cCond:i:tion :Jio. ::3 -of .1(esolut:i:on 310- ~52:OD - J:n sati:sfac-
tLon -:of L:ondition :No. :3 :of :ResD~m:ion :ND. ::L52DD7 ~-e :shaJ.~ do
ãll -of "the :fDlJD¡,¡r:ing:
a- :EastLake s1lall prmdùe -all ;DÏ 1the ÏDllmdng items
tD 1:De ti1:y J:7.y' ~e earJ.ì.er ;of: æl) 1::he ~~-U"'Ü <of 'tl1e ÏÌI1al :map
:f= East".LaKe ;Greens 1Jnìt 3-D;; ;Dr D) <:!pOD ~e C3:t:y~s :issuance of a:n.y
penni:t: Dr approval :for i:11e ,construction 'Of :a:n.y t:!Ï the iJl!prDVements
described DeJ.ow:
.2. Bond (s.) -, Epproved .by the City :Eng:ineer" to
-gua..~-ee c~...ruct:ion :of :full street În\PIovements :for tie segment
of J2st \Onmge :Avenue ftom :Hunt:€ parkway tD 't::he -;west-erly subdivi-
"SiDn :bounàa:ry é(~;East -orange :Ave Segment~) - The :a:moUDt o:f said :bond
shall :be llO% t:i:mes 'a x:onst:r:Dction <cost estiJnat€ approved :by t:he
City :Engineer i:f ÏJnprovement plãIl5 ]¡,ëlve :been 'aFprovÆ!d by ~e ,City"
3
51
to ~ ..,.)
J..50't tiDes the approved cost esti1nate i:f ÌJnprevement plans are
being pTDcessed :by the City,ur 200% tiJDes the construction cost
esti.1nate approved :by the city :Engineer if nprovement plans have
:not :been submitted :for Ci"ty review¡and
2- Ðond(s)~ approved:by the City ~g:rneer, to
gzrerlU1tee ccns:truc:::ti:on :oj' Íull street iJçro:vements :fur the segment
m :HUDU ~ :fr.om .south :Greensv:i~ to %:ast t>nmge Avenue
("".Ðunte :!>aJ:'Jcway :bnprovement ~ ) - The :aJIIountof sa:id bond:h1g shall :be
llO% tDnes the 'construc:::tion -cost Estbnate i!.ppreved by the City
:£ng:i:neer¡ and
:3- .An :irrevocable Dffer (5:) D:f iiedication ("".IDD-
s~) Íor ri-ght :of .way and t-empcra...ry ccnstruc:::tion easements :necessary
~o construct 'the æas-t. Orange avenue Segment and the Bunte .Parkway
2Jnpr 0 v ement.
:b- :EastLëke agr£!es to cammence const:r:uc:::tion :o:f
:b:rt.er.i:m ÎJI!prDv.ements Í= :East Dnmge .Avenue :upon the earli'E!St of:
-a) ÍiDaJ. ~p i!.pproYëQ Íur the:E-astI.a:ke :Greens .II :Exp-aJ:lSi-on Are-a" ];!.S
shOW11 :on the "":Eas"'"....LaJœ ,Greens ~lic ñciJ.ities 1".inimc:rng :Plan
.Project !:Cll!Pcnents :Plat~:; = J:i) -:constructi=commencing-on the
segment m :sR:l25 :from Dt-ay L-akes :Road to :East Orange Ave.¡ :ore)
-const:r:uc--~ .co:mmencing~ :on the segment of :East Orange Avenue :fr=
SR:l.25 to the æastLa:keGreeDS 'Westerly subdivision :boundary:; Dr d)
..ithi.n :five years :from execution of this Agreement- (Fer pUIposes
of "tìris paragraph, the teDD ""CODStruCti= commencing~ shall :mean
.men i!. COnstructi.on.c:cnt:ract 'has Ì>eeD aw-arded :fur the .i:mprDVement. )
.The :iJlter:i:m .i:mprove:ments :Eas1:Lak-e i-s :r£!glri:red to construc:::t sh-all
include ìmt :not De J.:bnited to the :follow:i.Dg:; :median :island=:bs
and site :dra:i:ns" :median landscaping and ~igø.tion., street lights,
.2D-:foot "Wide pavement ,on either sine Df the :median island, cur:b
iDlets., and ~halt .concrete swales :diI-ecting -drainage to cur:b
i.nJ.-e-""...s. :EastLak-e shQJ.J. complete construction of said :iJltern
iJnprov.em~s 'WÌth::i;n -:three (3) y-ears -ilÏter .co:mmenciDg construction
on the same.
c. :Eas"-...I.ake shall .commence construction Df the
:rP'DI>'I""'"TJg £uJ..J. street .i:mpr:ovemem:s :on 'tile Dorth haJ:f -o:f the æ:ast
:Orange Avenue :Segment êDà ,an 4dàiti:onaJ. 1:weJ.ve .;(J.2] :fDot lane <CD
the sorrt:h 1œJ:f o:f said .segment ;by "tbe earlier of: a;) tra:f:Eic.on
~aid street exceed3:ng :!.2DDD ADTs {(av~ge daily 't:rjps;);; or b)
with5.:n :riive :yea= ft.om :tile exeC1I'tion -<e:f t1rls Agreement.. 31:ast:Lake
shaJ3. -<COJI!PJ.-et.e x::cnstr:nct3:on <o:f the r-em;oo;"";T g fiJ.l st:r~et .i:mpreve-
]Dents.antl the I2 Íoot lane -.witirlD thr~e P:) years .after commencing
COnst:r:uctinnDD sa:id :i:mprovements-
13- :EastLake sbJall .c:ommenceconstructi.cn:of the ÍuJ.l
street :bJ!provement5 :f.or the Bunte ."P.arJcway Improvement upon the
earliest of: :a) ~constructi.on :commenciDg~ ;on the SegmentD:f æast
Drange Av£!Due :fr.om Bunte parkway to the ;Ol}'Jllpic ~g center:; Dr
:b:) "'.constructiun commenci:ng~OJ1 the segment .of :East Drang-e .1!.Vælue
£
9cJ
2234
from Bunte Parkway to the -westerly subdivision Dormdaxy, or c)
õd:t:hill Îive years :from execution D:f this Agreement. EastLake shall
complete construction OÍ the Îull street iJII.?rovements within three
f3) years a..~er commencillg construction = said iJnprovement.
.e.. :EastLcùæ shall .commence construction :OÍ :East
J>lù.œnar ;Stteet :pri'Dr to the .approval :OÍ the. Ïinal :map Ï:or :EastLake
Greens~ DIdt 2£ {the "p:r:D.Poseà irf:fcr.ðaJJle DOnsng site') "Dr the
isSt1aI1ce:o:f ;¡my Development peJ:InÌt Ïcr 1Jnit 2£" -wb3.dhever :occurs
Íirst. :Eas1:Lake:shaJ.J. J .rDV:Ïde the Ci:ty win :iJnprDVement se=ities
i:lpproved by fie >!::ity :Engineer to ~ar<mtee ne constructìtmoÍ :East
hlomar Street J .riDr to the !:::i:ty's jssmmce :OÍ M1Y pe=ìt Îor
.com:tructi= DÍ sãÏd .DI!Provement.
2.2 Condition :No. 3D o:f 3i.esolutìon :No. ~2ÞD- In satis-
Îa=--...:i.cn .oÍ ConàitiDn RD. 3D .o:f :iœsolutiDn I5200., Developer .and
J::astLãke 2S9I"ee 'that the City :JIli!Y <åthboJ.i! J:Ilrild:i:ng peDlÖ.ts Îor lmY
lJD:i.ts :iD fie subject subëlìv.is:ìcn ntt:affic:on "DtëIy ::Lãkes :Road,
~egr:aph CaJJy= 3{oad, 'Eas1:L'åke 1':a:!:kway" or :East ~ street >exceed
i:.he level3 oÍ serv:i:ce ïdentï:fïeà :b1 i:.heCity's-adDpted thr~holùs.
2.3 :Conditiml :Jic. 3I:o£ JæsoIutian :1521)0. In satis:faction
of Conaïtion Jilo. 33. Di' :ResollIt::Î.:on ::L52DD, developer ;and EastLake
agree to not protest :f=ation of'aIDstrict :for i:.he :maiDtenance o:f
landscaped :medians and parkways along streets within and adjacent
to i:.he subject property lmd to ]lot protest :formation .of an assess-
JIlent district ÍDr i:.he .construction Df street iJnprovements to
.connect D=ge .Avenue 'iUld J>aJ.:omar Street to exist:b1g ~rDvements
to i:.he ;west Df i:.he subject î:mprovements :as projects :b1 the :Eastern
~e=:i.tories Development .ìJ:r!pact :Fee system.
2.. >GeneraJ. :Condition '",C'" o:f Jæsoluti:on ::L1!::L7ii. In
:satis:fact:i= Df .Generc.J.'ConditiDn ~C'" :of :ResollIt::Î.oD I133.7£., the
Devel:oper and ::EastLake 3gree to .coII!Ply :and x-ema.i.n in .coII!Pli-ance
-with lmd iJDplement: the t-e:cns,conditionsand provi-sions D:f EastLake
Greens .5e¡;'-...:i.onal Planning .Ar-ea (SPA) " .East:Lêike {;reeDs Planned
Community Regulations" the EastLakeGreens Development Agreement,
fie 'Water !:onserv:atiOD HIld the .Aìr-t!uality Plan" Desi-gn :GuÏdelines
=rJd the ~li~ hd.lities ~iJlanciJlg J>lan.
.2.5 iCDDð3.timJ. ]110. ::La.o:E 3æsD:b1tion ED. ::L1I::L7~- In sat3.s-
Ïat::t:ion c£)f .ConditiDn ~o. :1.11 of :iœsOìntiDD Eo- :L:8:L7£., Dev£loper GIld
Eas--~e agree:
A. That the :city :may oritbbold building permits :for any
units in tÏle subject subdi-vi-sion i:f -eithe= one of the :following
occur:
I. :Regi.onal development threshold l:i:mits set by the
:East .chula vi.sta hansportati:on .P.has:i:ng Plan nave been x£ached.
2. ~ld:fïc vDllJ]Des, l-evels Dr service" :public
'7
9/
I.':""'Ÿ
-..tilities aDd/or services exceed the adopted City threshold staD-
d=ds.
E. The required public Íacilities, as identified in
the PFFF and Condition :No.3 oi Tabl~ :I of :Resolw..ion ::L5200 Dr .as
i!DIended = otherwise conditioned b.ave J:Iot beenCDÇletedor COD-
st:ructed to the satisÚl.ction ui the tity. The :DeveJ.oper JIlaY
prDpose z:::brmges :iJ:l1::he tì1nïDg M1d seguenci:ng miieveJ.upment .and the
.t::onstr.ucti:onoÍ ~ovements il:f:fected- :ID:suCh:case, "the:FTI'F .may
be mnended .as .il.pproved :by the ..city :Flann:b1g DiIector .and city
.Engineer.
2.fi <Confit:ï:on 310. ~!I .01: :Reso~ 310. ~n7fj. In -satis-
Íact::i.on -o:f 'Condition :No. ::L:i u:f :Resolution :No. .::LB17£ Developer .and
:EastLõike agree to de:fend, i-ndemntiyand hold b.-a=J.ess the city and
:i.-::s agen--s., oÍ:fÌ!::ers .and .eJi!Ployees" ftDI!l .any 'cla.iJn., action or
proceediDg agaiD.st the City" = its .il.geII""...s, oÍ:fi.cers "Dr 'employees
to attack, set .as:ide, void = mmul æmy ;approv:aJ. Dy üe:Ci:ty.,
iJ:IcludiJ:Ig approval :by its :Fl=iDg CoJm11:U;rion., .city !:cuncÏl "Dr :any
.approval ~ the City, includiDg 2I".-ppr.oval :by :its agents., 'o:f:ficers 'or
eIl!!Jloyees ~t.h regarD te "1:h:i.E sUbàj:vis:i= pur.suëmt to .section
£64.9.9.37 .o:f the :Map Act provided the .ci't:y prDJllptly :not:i.:fies :Ea.stL-
<lke o:f :any ~l"a:i.m, action :or prDceedi:ng .and :on the :further .conàition
that the .city :fully cooper.ates :iJ:I the :de:fense.
2./ Condition Bo. 2:0 .of 1æsolut:i.on :No. :J.8:l.7£. Insatis-
Íact::i.on -of Conàition .:No. 20 oÍ :Resol-uti-on :No. lB176 DeveJ:oper;and
:EastLã.k~ agr~e 1:.0 hold the City D.=J.-ess :from :aDY lj:a.bilj:ty :fer
-erosion, siltati-oll Dr ÏDc:rease :flew o:fdr.ai:nage resultÏDg ft.om i:hi.s
project.
2.a ,Condition Bo. 2:1 01: :Resolut:iDn 310. ~1I~7Ji- .iD sat:i:.s:fat:-
tion -o:f Conàition .21 .oÍ :Resol-..tioll TB17£ Developer .and :EastLã.ke
agree te :pe=it .allcabl~ television "CDIllpanies :fr:anchi:sed ":.by the
City o:f !:hula "VistaeguaJ. opportunity to place .conàuit to <md
previae .t::a.ble television service :for -each lot ornnit :withiD the
Pr.oject. Developer .aDd :EastLake :further agree tograIrt:" by license
.or -ea.semeIIt, .and :f= the bene:fitof, :aDà to :be -eD:f=~eaJ:¡le .'.by" the
City m .CìmJ.a 'Vista. ~onLtiti-onaJ. access to t::abJ.e ~i-on :conàn:it
odt.bi:n -:the properties situat'Ed odtiJiD tbe h:oje:cton1.y -.t.o those
'ca:bl-e t-elev:ision '.cCJI!PëmÏ-es :francbi:s'Ed by 1::he :city :o:f t:h1JÌ.a -vista
tile iCDD!Ütitm fO:f $UCh .grant be3:ng that (a) :suéh at::cess :is coor.di-
:nat'Ed odth Developer.s,and :Eastl.aJc.~"'s <CDDStructìon sCheàDle so 1:1mt
it 'does :not <delay :or ÍJl!pede DevelDper's .cD1lStr:nctìon sèheàul-e .aDd
does J:Iot reg¡rixe the tr-enèhes to be ræopeneà to at::cDJDmoàa'te the
JÙacement of such 'Conduits;; 4I1d :(b) .any suCh .ca:bl~company :is and
remains in coçliance ..ith, and premises to reman incompliance
:with, the 'tii!DnS ;and~onditi.olls -of the :Erlmchi:se iDlà 4rith all :ether
rules. Te9Jllati.ons, ordll1ances <mà prDceàur.es regu1.ati:ng :ana
iÚ:fect.:i:ng the Dper:ati.on :oit:able t-elev:ision :CCJI!Pani-es .iI.S si!DIe :may
b.ave been, or:may :frDI!l t:i.me to tiJne be" ÏSSDed by "the !:ity :o:f:chula
17ista- Developer:anà æastLake b.er-eby cD1lV~y t.o the tity -:o:f t:h1Ù.a
B
%:z-
....."v
Vista the 4Uthority to enforce said covemrnt DY such remedi-es as
tile City det~nes appropriat-e, :mcJ.udiDg xevocation or said grant
upon 4 detennination by the City ofChula Vista that said cable
-=.elevision cD1llpanies have violê3.ted the conditions or the grant.
2.~ ~ititl1l Bo. 220:f ~esoJ.-ution ~B:l.7ii. :ID satisfaction
.rJÍ 'ConditiDn ~o- 22 of :1œsolutiun Jilo. :l.13J.7:6. Developer ;and ~astLake
i!gree n proviiie a noise study .J!ddr.essìng noise :iJJ¡pact.s .generated
Dy . JIIajor streets =ODIlèlÏng "the :Pr.oject(BouthGreensview) and
:i:mplement .any JIIeasur-es necessa:r:y n .:mitigate :noise Xmpacts to
:a.cr::epta:bJ.e leveJ5 :as .ident:i.:fied :i:n saiD. £t:nà-y pri:or to :i:ssuanceof
~èlÏng pe=its ::fer "the :Pr.oject..
2.:1.0 oConð.ition Jilo. 23 "Of ~esoJ.-utitl1l :1.B:l.76. :In satisf4ction
of condition Jilo. 23 of :Resolution Jilo. J..BJ..76, Developer and ::EastLake
agree to prcv:J.de decora.tive type ::fencing, per ::EastLake fence
design., along "the re= pr.operí:y J.i.:nes Df lots 45 iimd .:4:6. Said
::fenciDg sJ:xaJ.l :be. i.ntegr:at-ea -with :the iiesign :or lDt :55 'eXteriur
fence BDd :front f.ence o:E lot :56.
2.:LJ. CtI1ldit:i.on :50. 2>6 :c:f :Resolution :LE:l.7ii. :ID satisfaction
Df .condititln 2£ D:f :Resolution' J."BJ.7:6, :Eas'tLãke has sUbmitt-ed to "the
Ci"t:Y tlf Cìml:a Vista a l-etter Dfcredit :i:n li-eu :of .casll. :EastLake
-agrees "that "the City :may" -at .its sol-e niscr-eti:on, dr-aw .on the
letter of credit (:No. LASB-.227823, dated :February 20, J.99£, in the
sum of ~952., 000) to buy dOWIl bonded indebtedness :m .Assessment
District Jilos. 94-2, 92-J. :and 90-3.
2.:1.2 ,Condition :No. 33 of :ResoJ.-utitl1l :J.B:l.7£i. :ID satisf-action
Df Condition Jilo. 33 of :Resolution J.8J.7:6 the Developer imd :EastLake
agr-ee to gnmtDffsite stonn :dr:a:i.D. and :sewer ,easements to the City
::fer :the :maïntenance oro:f:fsite sto.r:mdr:aiD and sewer ::facilities
Det:esSa:r:y to serve the :Property -as ShtlWIl Dn .Ch1il-a Vist-a Drawing
Jilos. :95-.205., 96-07 ilDd 96-26 through 96-29. DevelDper imd ~astLake
:further æIgr-ee th-at the city :may withhold issUanCeD:f buildiDg
¥,~-:mits 'for }>roject until construction of said stoDildrain -and
sewer ::faciliti-es is cD1Ilpl-eted :and said :stc= àr.a:i:n iimd sewer
.easements -are :granted to the Ci"t:Y-
2.n .co:nd5.ntm :5os. 35 . ..» o~ 3iesDJ.u1:iDn :L1I:l.7ii- In satis-
i'ar::D.DD of 'Canài1:i:ons- 35 ;. .:4D Df 1ŒsoJ:uti:on :Li!J.7ii" EastLëùœ llas
deliver.ei:l to the ,City.. an irreVDcabìe<:offer <o:f deaïc:ati<:OD Í:or J.O
net usable acres uf l'arklani:l ::for ptibJ..it:: ;use. ;as ¡asabJ.e is :deter-
~ed by 1:'he .city" located -w:i"thin :æ:astLake ~.eens" ~.hase 3 at the
site .identi:fied :as the :P-3.cOJllJIlUIlÌty Park 1":P-3 ~ark~) - %:ast1;a]ce
:f1Jrther -agrees to construct p=k :Ï1nprovements ::for the 1'-3 Park in
accordance with the requirements of the .city's landscape 'Manu-al ilDd
as :appr.DVed ])y the Director DfParks ;and .Recreati:on r1>-3 park
:IJDprOVeJDeIIts"') . %:as1:1.a:ke :sllall J>rDV:Ì.de ])y :March ::IE9£" ::fDr the
Parks ;and :RecreatiDn Director's apprDv:aJ.., the .est:Dnat-ei:l:cost ::for
.construction of :the :P-3 1>ar'k :IçrOVeJDents" .-adjusted :fDr the -com-
pDmldeà 'Effect <o'f :i:nÐ.atiDD .-as :meëisur-ed :by the 2:0 .city Average
!1
13
2237
building cost prices recorded :in the 1"ationaJ. Engineering Eew
Record Construction Cost J:ndex :for three years comnencing March,
:1.996 (~æstimated Costs~).
12stL:a:ke has delivered an iJJ!pr.ovem2I!t security in the:a:mount
D:f .$:1" 948 , 75D- D 0 :for :p:ar.k .iJ:npr.ovf!Jllents. :Further" æa.stiake agrees
to prDVÏde tile :City ¥.i1:b iJnprcnrement se=:i't:ies :iD an ;amount .oj;
:J.2~ ;oj; the J::s1:im:a't:.eà 'Costs .or tile 3.>-3 htl :öqprDvf!Jllents" :frO1ll a
su:fj'icient sure1:y" 'Whose :su:frici.ency .has :been appr.oved :by the City
ŽJy :E:arch 3:1., ::1.'998. .
:EastLake agrees -1:0 pay 'the City æ1y :sbcrt:f:aJ..J. :between tie
tei:al 'co5""..s incu:rred to ;(:OII!Pl.eu the 'Work 1mà tile prDceeds Îl:01Il 1mY
iJuprovEJDent securi't::i-es, 'Whi-ch ::b1cludes Jmt :is nei: l:bniteà to, cost
of design,administrationo:f cons1:ruction, and attorneys' :fees and
cou..--t: 1::05""...5 incurred .by the City in order to .ou-...aiD such shor:t:fall
j; JIIounts.
12stLëike 'agrees to -cOIl!PlEte :grading :of the :P--3 .Park site .by
'Ma...-ch 3:1-, :1996 1mdcOIl!Pl-ete construction :of 'the :P-3 .Park J:çrov.e-
:mentE .by :March 3:t, 2999. :EastI..ake agrees ~ -commence construction
Df said iJJ!pr.ovements :bY:E:arch 33" 2998. iÍ the :P--3 .P::arJc J:çrove-
:ments .are not 1::OII!Pleteà within the ti:me speci:fi-æ .above, 'the sums
prDVided ŽJy the iJnproveJl ent securiti-es -r.or such ~DVements :JIlay De
used by 'the .city :for tie completion Df :P--3 ParJc ~rovf!Jllents.
.I:astL:a:ke :further agrees to 1::o1I!Pl-ete Brading o:f the 3.3 gross
a=re pri'Va"'-...e park (1'-.5,) no later 1:han ~ch 3:1_, 3,:996 and complete
con5"".:xuct :of i:mpr.oveJl ents :for said :park .by the earlier :of the
issuance Df the J.,6££1:h building pe....-r:m:it for :EastLake Greens or
¥.i:arch 3:t, :t997.
2.:14 Ba:t:Ù>::factiÐn ;of .COmlitiDDS. City agr.ees that the
execution -o:f t.h:iE .Agr-eeJl ent -cons"-..:i'tntes satisf.action :of Devel:oper'-s
<md :EastLake's .obligationo:f Conà:itiDns 3,30 'and 3:1 .of Resolution
Eo. :L5200, :and Conditions "'C~,:1B, :19, 20, 2J., 22, 23, 2£, 33, 35
<md -40 o:f 1:he :Resolution .Eo. :1B:176
2.:1.5 'L:aD¡pJ.:i.Bm:e .:i:tl1 Dn:f111.::fUJ.ed ~tions. Devel.oper.and
.Eastl..:a:k-e :agree -r.o cOII!Ply -;wïtil :all -conà:itions -o:f tile 'Tentative
Stl.bàivisiDD ~ ;applicabl.e -r.o tbe .Property -.mïch x~ unper:fDrmed
=- JJIJ:fn1"f';11..." a't: tile "Ì:iJDe"DÍ 'the ::fil:iDg ~:f tile ~ !!a.ps-
3. ~.ð.D1g - This Agr.eeJl entlDr :an abstract l1ereof pr.epaxed
:by £ither or 3Jotll parties" :JIlay:be recorded :by -either party.
<C.. ~o -river Dr ~axk -Obligations- The signing .of this
.AgreeJl ent and 'the 'appr-OViÙ ,D:f :t:1rls :F.inal .!olap shalJ. .not æconsid-
ered a -waiver Dj' "'the positi'Ons :held :b.Y <either 1:beCity or :EastI..-a'k-e
-with :respect ~ "the pax:k :Ï:II!Provement Dbliga't:ionsDf tbe :East:Liùc-e"
.incmding but not J.i:mited to" 'the -:dedll:atiDn -oj' paJ:5k:land" "the
construction 'O:f tbe -CCJIDIIU1rlty 'Center :ana Gym 'Or suCh other park
3-D
9(
Í1DprovemeDts, as set forth i.n condition 1"0. 39 of Resolution ~5200,
the EastLake Park AgreeJllent, EastLake Greens Development AgreeJllent,
::EastLake Greens III IJevelopment Agreement and such other agreements
that E~...Lake :may have assumed the obligations thereof-
s. 3!:l.s:::el1.aneous.
s_~ :JIoti1:les. "IJnl-ess ot.herwise prorided D th.is AgreeJllent
'!:1I: by J.æ.>, mty =d .an :notices xeguJ:œd'Or pennitted by this
.Agreement Dr by lâw to :be Ser17ed un .or .delivered to the parties
sb2ù.J. :be i.n owriti.ngänd sllall .be deemed duly served, delivered, and
receiveè ~en personally delivereè to the party to ~om it ls
.directed, ~r i.n liEu nerem" ~en three :f3) :busiDessdays lmve
eJ2lpsed Í.o1J:OW.i11g deposit :i.D the "D.E. :ma:iJ., t::erttiied .or registereè
Jn2li, return receipt requested, Í:ixst-class postage prepaid,
addressed to the -address i.ndicated in this Agreement. ,
CITY OF CHDLA VISTA
276 4".ow::-tll Avenue
Chula '"Vista, "CA 920~D
Attn~ IJixector .of ~lic 1'Im:ks
DevelDper:
:FIEIDSTONE COMMDNITIES
5465 :MDreÌlouse .Drive
.suite 4',250
.san Diego, Calii'on1i.a .92223.
:Attn: .;:rim:Hansen
Eas'-.Jake IJEV.:ELOPMENT COMPANY
.900 :Lane :Avenue
Suite #~OO
Chuh '"Vista, CaJ..ll=ia 9J.93.4
Attn: :William 'T. D~...r-em
Vlce Presièent
.Þ. party =y change suc::h address f.or the pu..--pose of this paragraph by
giving ;written :notice .of such cl1aDge t.o the other party i.n the :manner
JJrOV.ided 3-D this parägr.aph. 4"acsDnile tr"ñn=,; """ion :SbaJ.l t::onst:i:tute
~onal ùeJ.ivery.
5.2 .t:aptions. 'Captions D this 'Agreement .i!Ie DsertEd
:fDr <convenience ~r re:fær.ence aDd -do :not defi:ne.. -describe .1:IX li:mit
the :scope Dr intent or i::b.is Agreement or any -'Dr its terJllS.
5.3 htixe Agreement. 'Xms Agreement contains the
ent:ixe ôgreeJllent :between the parties regarding the subject :matter
l1ereo:f. :Any prlor o::-al or -written representations,ôgreements,
lJIlèerst.imà:i:ngs,aDdj-or stat-ements shall De o:f DO :fDrce mtd á:fect.
'This .Agreement :is :not intended to supersede Dr :a:mend æmy ;other
:agreement Detween the parties 'UIÙess expressly Doted.
JJ.
c¡~
s.~ Preparation 01: Agre_ent. No ìnÏerence, assump-
-::ion Dr presumption shall be drawn from the fact that a party Dr
~eir att=ey prepared andl Dr drafted this Agreement. It shall be
::::mclusively presumed that the parties pa.::-ticipated equally in the
p-:eparatioIJ andl Dr dra:fting this Agreement.
s.s Jæciuù:Si ~its. .Any recitals set:i'orth above
äre incorporated :by r-eference :into :tbis ABr-eement.
S.-D ~tt=e.ys" :tees. In the -event Df any dispute
a.----ïsing out of ~ Agreement., the prev.aiJ.:ing party in .any action
shall De -entitled to reasonable attorDeysT i'-ees in :addition to any
&..her costs, naJilages., .Dr remedies.
J.2
q?
IN WIT.lŒSS "WHEREOF, the parties .her€to have caused this Agreement
to be executed the -day ¡md year zirst .hereinabove set zortb.
:By: CITY OJ' CHDLA VISTA
-
dÍ"M r -if,.,;l;,- -'
Xayor 1
Attest:
~~o.~gp
:Beverly! .Au--..helet, City Clerk
1?pproved -as to Ïo=
.~. :;:T (Y' ( '. çf;:;'
. "i/¡(Y¡' .1/, V.J.."¿.~ r-.., . ,£J,Þ-.:;t;;
-b:: - BrriCeU.M- Boogacrd /" 'city 1!:tt6rney
Date: :3//h£.
/ /
(
.BDPl"LEMENTAL SUBDIVISION IMPROVEMENT AGREEMENT
BE: :PART OF A :PROJECT :KNOWN .AS :EASTLAXE SOUTH G1ŒENS" DNIT 23
í :13
17
-~_._---_..~..~...~.. .._--~-
224l"
TIELDSTOIΠCOMMUNITIES, INC.
a Califo=ì.a corporation
~
:By: ~~~ /-k~~/--
:Name: ,/ ./71:': /d~.::-v
~'tlé: ,,~ " ; Ji:c-
"Y' I~,
~~~: - /¿ 'n.
SUPJ'LEMEl\'TAL SUBDIVISION I.~ROVEMENT AGREEMENT
JŒ: PART DF A P.RO~CT XNOWN AS EASTLA1Œ 50UTHGREENS., 1JNIT 23
:14
16
:EASTIAIΠD:E\7ELOPMEN'T COMPANY, 2242
a ca:lit'o=ia GeneraJ. partnership
By: EoS"well Prope.r':.ies, Inc:. , êI
CaliÍo=i.2 !:oIpor.atiDn, GeneraJ.
?artner¿
~: ~~
Eame:
Title:
:By:
:Name:
Title:
:By: ~e Tlùago Company,
.:a t:al:Ï.ÍDD1i&. 1::orporaticn,
General P:!!:"tner
/.~' /--~
EJ': -:/ ~ . 'k
:NêJIle:
Title:
:By: ~
:Name:
Title: u .~~7
(
SUPPLEMENTAL :5UBDTIJISION IMPROVEMENT AGREEMENT
JŒ: PART OF A PROJECT :.KNOWN AE EASTLAIŒ .sO1JTHGREENS., TINTT 23
( J3
11
CAUFi>RNIA ALL-PURPOS~ ACKNOWLEDGMENT No MIO7
Sta1e of California
County of San Diec:¡o ~243
:On February 28. 1.996 .before me, Silvana ,C- Bra2ell~ T1o1ary public
DAlE -NAME. -nu= OF OfFICER-Ln- -.we DOE,'NCTfARY1'UBLlC-
'PSTSonally :appeared :Paule. 'Nieto ilnd Curtis J- S~henson
'NAME(S)OFSIGfER(S)
il{ personally 'known:to me - DR - 0 proved 10 me un fue :basis of satisfactory ,evidence
10 :be :the 'Person(s) 'whose name(s) is/are
subscribed :to :the within instrument andac-
knowledged 10 me that he/she/they executed
:the same in his/her/their 'authorized
1 @ "",'",0,""""'- I r:apacity(ies) , æmd "that :by 'his/her/their
-. . '. CDMM,~101'951 signature(s) on :theinstrument1he :person(s),
'0, . ,1;mARYPU9L1V-CALIFORNIAQ or 1he ,entity.upon behalf oi which "the
U) , SP.N DIEGO COUNTY 0
U, WI" Cmr.mlSslOnE""...s - person(s) acted, executed :the in str.um en1.
~ . "" FEn"UARY 12,1gGG .~
WITNESS my hand and official seal.
)Þ~T~~~
OPTIONAL
ìhough1he data below iSTIot reqUIred by law, ¡¡may prove valuable 10 persons relyingDn1he document and couto prevent
iraudulent reattadunent of1his'fotm,
I:APAtITY tLAIMED :BY'SIGNER DESCRIPTION DF A1TACHED DOCUMENT
0 INDIVIDUAl
0 .cORPORA1'"£: Œ'FICER
ìTTŒ DR TYPE OF DOCUMENT
mL£(SJ
0 f'ARTNER{S) D l1MnH>
0 BENERAl
0 ATIORNEY"IN-FACT 'NUMBER OF PAGES
OlMU;:;¡=(S)
0 GUARDIAN/CCJNSERVATDR
0 OTHER:
DATE OF DOCUMENT
SIGNER:IS 'REPRESENT1NG:
cNAME OF I'ERS()Nß) OR ENmYtIES
Boswell iPl"Dper:ties.. 'Inc. 'SIGNER(S) OTtiER IHAN 'NAMED -ABOVE ~
Ttæ T Ülilgo CtmI¡;ümy
~
:>1993 NATIONAL NOTARY ASSOCIATIDN-S2361'<emmel Ave.. P.O.Bax7184- Canoga'Pari<. CA91309-7184
100
AML E..r
0
-<1
~
}
SIAl:: OF CALIFORNIA Ji. Ç... - }ss.
1
COUNïY OF" ~ )..-:UJ 3 r'
On r2 -.;:¿ 7-ge:, , before me, G. [;j~
personally appeared U
, personally known to me
(ortJroved10 me on the basis of satisfactory-evidence) 10 beíhe person(s) whose name(s) is/are
subscribed101he within instrumem and acknowledged to me mat he/she/theyexecutedthe same
innis/her/their authorized capacity(ies), and1hatby his/her/their signature(s) on1he instrumemthe
person(s) or 1he entity upon behalf of which the person(s) acted, executed 1he instrument
WITN=SS my hand and official seal. ) i) . .~~ .:.;; . "í
S',-" Æ~ - fJ1Li4 ::::: ~. CCMM"I1œ1917 ~
;0 . .. """""'Y'!'\JBLIC'CALF1)I>o:.. -i
""\ "- '-~1J:~:;V-- 1»
) - - ': - - - - ~ - ~ ~ - v t
frh'" area tm eli""", no,""al seall
Title of Documem
Date of Documem "No. crt Pages
Other signatur€s not.acknowledged
/()! :1008 (1.'94) (General)
1'lrsl Ameriean'Trtle ¡ns""'nee ComDany
" ¿ 1" .>
EXHIBIT "A"
Property Descriptiòn
PARCEL 1. OF .PARCEL .m:p :NO. 1.7£44., :IN ~ ~ OFCHULA VISTA,
COUNTY OF SAW DIEGO" STAnOFCAI;D>ORNIA, .ACCORDING ~O :MKP ~OF
:FIIæ:D IN ~ 'DFF.ICE OF "EE COUNTY :RECDRDERDF SAJiI DIEGO COID.'TY
~ 2£, 1.99£ .AS :FILE :NO. J.99£-DD4J.3J.B OF OFFICIAL :RECORDS.
I::I9tIE1J¡2:!.'8U >
3:6
/07--
State of California 1 2246
' {:o1JT1!y of San Diego }
On 3),,/lrt beioreme, Beverly A, Authele1. CiTy Clerk
/ I
.personally:appeared <::;;k",/p"t ~Î-Ion
~cnally , mown "to me - DR - proved ~ me .on ~ basis :of satisfactOTV -evidence"tD
:be1:he :person(s1 whDse namefs} 1s/.are subscribed"tD
"the withininstrmnent :and .acknowledged 10 me 1hat
'helshe/the.v exm:uted "the :same .inhis/her/their
:authorjzedx:apaci!y(ies}, .and '!hat :by :his/her/their
signatuœ/s} Dn"the .instrument:the :person(s , or"the
~1Ij' entity upon :behalf of whicl11:he :person(s) :acted,
executed "the instrument.
WITNESS my .nand :and Dfficial seal.
~~ ?£..r?:!! I
OPTIONAL
Though 'the DiI1a :below is TlDt TeQuirßd by law, it may 1Ircve 'valuable 10 :pf!ŒOns Telying Dn :the :document and
could prevent irauduiem Teattachment of 'this form,
CAPArlTY 'CLAIMED ÐY SIGNER DESCRIPTION 'OF ATIACHED DOCUMENT
D Individual
";á Coqlorate Officer
tJhffr~
õrtiets)
D P.anneŒ(s) D :L:imited I¿
D :Geneæl .fIIumber ;of T'a¡¡es
D ,A'ttDme,v-ïn-fåc:t
D Tn/stee(s) 3#~'
D 'GuardianfConservator
D Other: ~te Df Documem
SIGNERlS 'REPRESENTING:
~rrJf h;On¡:lJti:I'"/L ß.. Si¡¡ner(s) ,:Other 'Than :Named Above
!J
/03
MEMD:t1.!.ND"DM
ATTACHMENT 8 1.:~=-:::: 2[1, -_.-
0'. ,~, :';:J[!-B[1-::::"",::;o~6?
C725-10-AD.9~- 01
:r-::-: ?Dl'<~:::: ROBlZ, ACCOTIl\""!:.z;']:~
1
T..;..!.: J...:z:x J¡L-AGEF-, ~~OR CV7.L EN(;::J..~ ~
~~
??:JK: ??_",-'!\¡Ì~ RT'I7::::?Þ_: . CIV7..L ::::NG::r:s.::.""'R
.51E;:ŒCT: .J...5S::::SSMEl'-"'T TI:L5T?-J:CT S4-01 3UY D:Wlli ?3QITI?3:) ?°R..dSP..?"=
~..~!!~~~ T.,:;¡:?c,~.".'" (A. P.R. M3-032-DlDO).
':';-" s m;:,m:> is t:> ini:>= you tha:: 2Il aSS~S5IT~:: ::list::-i:::: BUY TIOWN is
=-e:e..:.i::-eë. - -- 'the 3?s::.Lake Gre=.=; uni:: - - sub:ii visi:>n due c::> a
::-e:i:l::::i:x::. ".,.-, à.ensi::y. em Augus:: ;, 19S6, ::.::.e City Co1lZl::il app::-ove:i
Res::~~::i::~ 2B379 ~ 15379 which ::-e:::>mrn~:i~ë. o::-ò.e::-i~g ::hanges ~,à
~::.~=i::a::i::ns in p::-:>::=~:iings ani assessmen::s ~= Assessmen::
Dis::::-i::::s :;91-0l ~ 94-01 (a::t?::hed). ':'here we::-e no ::hanges
::-=~~eà. "~ ~~sessment District ~SD-03.
The nuTI6=-::- of ucit.s within ::he subdivi;::ion is lowe::- by 27.2
~~.êvalen:: dwelling llDÌC:s. S~=y (;0) =:e~val~nt ãw~lling unltS
(~D's) a::-~ proposed ve::-sus the 87.2 eåu's (one hun==ed and nin~
(lD9) cDnà.o~i~ums) initially in::end~d. ':'herefor~, ::h~ debt per
u..-:.i:: is ;-; gh~r thëm was a..TJ.ti::i?2t~d, ==- th~ assessment per
å\\'elliDg -.-- mus:: he =-~:iu::~:J. ::1:r:>ugh a 3~ DOWN -- ::he d~:::'t _..
A.D. ~S4-D1 in the amount of 27.2 edu's.
The iollo\\-i.:ng is the remair..iDg principal for each of th~ tÌ1..:::-ee
a.ss~ssmen"C ::listricts aiter th~ Ap::-il 10, 2999 proper!}' tax is paid:
A-D. *9D-03 $ 84,54S.77
A.D. :;9l-0l $ 65,670.46
A,D ~~~-n1 $ °2300,17
lLIJ. T::J':'Þ..L $242,520.40 i::::::: 27.2 e::111's)
The 3as-c.Lê.}æ :BUY DOWN amount yequi::-ed to ::"-'1 bonds =oy Septemb~r
1, :l9S8 is -c.h~ 27.2 ",au d.iÍfer€.!J.::~ betweeIl 97.2 and 60eguivalent
dwelling =its. Dne equivalent dwelling =it is $8,Sl6.l9 times
27.2 ",gui--v='ent dwelling -unit equals $242,520.40 BUY DOWN ,reguiyed.
I éJl/
]...:1- S.f-:: 3::r~ DOWN :=::"":-26 Ma:::-ch 20, :9.98
:: ow:>::.::::: :::.!:= :.:; :::-ec=:>J= :.he ~:=-c= ?2}"IT1e::= =-;n:>:L.""1~ ,,-.:-"::'c::C ::'::lcludes :..ccy
=-====-=s=. =.::m:i.::c::.s:.=-a:.i.:>n fees 2::1::: :::ese:::-v= =:L.""1d c=.lc::"::"a:.ions so :.:.a:.
.=,:a:5.s C2::1 ~ calle6 =0= Sep:.em::,o-= 2998.-
::=:c a m~:.:..ng .held :JD ?ebrua..ry 2.f, 2998 wi-r.h will::.am Ostrem, OF
~EŒ:.Lake Development C::>II!PaDY, .he mentioned t.'1at .he =elT it would ~
:::??=-°P:::-.:..=.:.e :.:> CO~:..ne the .assessment ::.istric::t :5.=b:. on aDo:.her
?=-::-cel, ~.?-N- 643-270-0200, ~~~ake G:::-~ unit:.:'O and only pay
==::: :.be ~==ereDce =: EDD's - ].~~: P~-AglE and I =-es;>:>nded that we
::.:.::: ::1:>= ~::'::.eve :.:'2:: ::':. was a:?:=:::-:>:?:::-i.a:.e :.:: =:>m::ine :.he :.wo pa:::-cels
=:::.:::: p=.y ::.::= ~====-e!lc= in de=::.:.y. )Vl:::-. :;'s:.:::eIn wi. - -, .::,e con::ac::::..:ag
l~l Ka~e, 3::md Co=sel, to p=-.:>vide us ".-i::h a w=-i:.ten reply. .I
.i:J:lieve =-= :Ilone::h=less -ultimately :.he c.iry Co=cil will be
=-equi=e6. -~ take ac:.ion OD :.cis item a:. ::he Co=cil meet::..:ag -=0
"?;J::::Jve -"e ?::..:aal Ma?- ::I'h:i.s Co=cil mee~:..ng :is =m:.::'cipated :'0 :be
schedule::: ~ ];;:J:::-il :2.998-
:::::'eEŒe le:. me k:1Dw :.f Y:>u have =y qtles::i.:>!lS by call:..ng me a:: 5.92-
.A:.:.a c::hme:::.:.s
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Robe:::: 3eamon, =:nginee:::-ing Tecbo.""1ÍciE.::l II
3e:.:. Cbo?p, Civi.l =:ngineer
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A IT A CBMENT 9
"IHE crTY OF Cr-n.n.A ~A DISQ..DSUJŒ S¡A."I'EMENT
You Dr<:. rc.qDir=:l to file 2 Slal<:lJIenl of Disclosur<: of =nain """,ership or ünanoBI in'<:=ts.. payments.. Dr campa'
contribuliD.... aD all mall= which will rc.quil'<: discretionary aclioD Dn the pan Df the City Council. Planning CommissIon. B,-
all other Dffida! bOdies.. Th<: following inJormatiDI1 must be disciasr.d:
1. Ust the names of .II persons /UlviDg a financial in=1 iD1b<: property wIIi<:h is Ib<: subject of Ih<: applicatiDD Dr tb<:
< amlraCL, e.g.. Da'DCI'. app1idiDl, CODtt3C1Dr. &ubaJnlt3C1Dr. material supplier.
:rn:E EAS'l'LA1Π!".nMI"'- T:r.c
" L:bo:L~ed 1.:i.ah:iJ.:U:y Company
'-.
,.
2. If any person"idenlilied pursuant to (1) above isa cmpotlllion £IT panllClShip. list 1be Dames Dfall individuals owning
mor-- 1ben 10");, of tbeDarcs in thE: COrporaliOD Dr ~ing any panncrship inlercst Ï111he partnership-
n/a
3. If any person" idcnIilïed pursuant 10 (1) above is DDn-profit organizalion or a 1ru5t, list thE: names DC any person
scrvillg -as dir..::tor of Ih<: tlon-profit Drganization Dr ,115 Iru5lCC or bcIIcficiary or 1rustDr Df the trusL
n/a
4- HaY<: you had mol'<: than S"..sO wortb DC husin.ss transac:\ed ",hb any member of the City staff, Boards, Commissions,
Comminc.cs, and Council within tb~ past t1II<:Ive -moBIlIs:> Ycs- NOJ:: t If yes. plc:asc ÏIIdicate person(s):-
,
5. PI<:asc id<:nllfY cacb 'and """I)' pcl'5DlI. iDcluding any a~cn1S. ~PIo.Y=. consultantS. or iDdepcnd<:DI conlracLOrs who
you have 1IS5ign<:d to ICp=t,yoU before Ihe City in 1Iù5 mauet. -.
11== SiDaD-. The East:Lake Cmrmanv ,
6. HaY<: yoll aDd/or your olñ=rs or -8£CDlS, ÏIIlhc: ag:œgate, CDTtlributed IDOl'<: than $1.IIXJ to . Coullålm<:mber ÏIIlb<:
am=t or pra:cdÍDg à=ion period? ~5- :Nog.. U yes. SUlIe WIIictJ c:ouDCilm<:mber(s);
Dale: . .. (NOtE - -:- -- ~ #-- -
Sipullure of aJIIlradDT/IIpplic2Dt
Prinl or type name .Df c:DIrttadDTllpplicant ,
" ~ Ir 8; IøI Æ ~.......",..., -:r- --... jaiør - ~...... ...~ ~ .......... -- -. '! OIIIiaa;
- .. -. - , - '~---~7¿t:/"-------------"..ù.'-
ATTACHMENT 10
EXCERPTS FROM
MINUTE S OF A .REGULAR EEETING OF THE CITY COUNCIL
OF 'l'HE CITY OF CHULA VISTA
Tuesday, February lO, 1998 Council Chambers
6:32 p.m. Public Services Building
l5. PUBLIC HEARING
PCS-.98-02 - CONSIDERA:rJ:ON OF A TEIITAnvE SDBDrv:rsION JßP XNOWNAS EASTL1I1Œ
GREENS = ~6, 'XRACT .98-02, :J:NVOLv:nI'G 60 SJ:NGLE FAHILY = 3 OPEN SPACE
LOTS ON J.D.. B..9 ACRES LOCATED ON = 1roRTH SIDE OF SOUTH GREENSVIEW.DRIVE
BETWEEN SrLVERADO DRIVE AND EJNTE PARXWAY - The applicant has submitted a
tentative subdivision map known as EastLake South Greens unit l6, 'I'ract
9B-02, iL order to subdivide lO.89 a=es into 60 single :family and 3 open
space lots. The project site is located on the north side of South
Greensview.Drive, between Hunte Parkway and Silverado Drive. Per staff's
reconnnendation, the resolution was approved 5-0. (Director of Planning)
(02/l0/98)
RESOL1J'l'J:ON 'lBBB7 APPROVING = DlPOSING CONDITIONS ON THE 'l'EN:rATIVE
SUBDIvrSION KAP FOR EASTLAKE SOUTH GREENS 1INJ:T 16, TRACT .9B-02
This beiLg the time and place as advertised, the public hearing was
opened. There beiLg no one indicatiLg a desire to address the Council,
the public hearing was closed.
RESOLUTION J.SBS7 OFFERED BY CODNCJ:LMEldBER RDmONE, headi.ng read, text
waived, passed and approved unan:iJnously 5- O.
l6. ž'UBLIC lmARING
l>CS-9S-03 - CONSIDERA:rJ:ON OF A :rmœATIVE =IvrSrON!!IAP KNOWN AS SOUTH
GRBENsv:I:EW '!!NIT J.O" TRACT ..9B-03, INVOLVING 231 SINGLE FAmLY =,5 OPEN
SPACE LOTS ON 34.2S ACRES LOCATED ON = SOUTH SIDE OF SOUTH 'GREENSvrEW
DRIVE 1IIEST OF 1IDNTE PAl!1OfAY - 'Xhe applicant has S1Jbmitted a tentative
subdivision map known as EastLake South Greens unit 10, 'I'ract 9B~03, iL
order to subdivide 34.28 acres iLto two separate neighborhoods containing
a total of 231 siLgle family lots and 5 opeD. space lots. Per staff's
recornrnø..ndation, the resolution was approved 5-0. (Director of Planning)
(02/l0/98)
RESOL1J'l'J:ON 1BBBB APPRovrNG AND DlPOSING CONDITIONS OF THE 'TENTA'l'IVE
SUBDIvrSION 1o!AP :FOR EASTL1I1Π:SOUTH GREENS, TRACT .9B-03
This :beiLg the time and placed as advertised, the public hearing was
opened. There being no one indicating a desire to address the Council,
the public hearing was closed.
RESOL1J'l'J:ON J.BBSB OFFERED 1!Y COtINCILHEMBER P.INDONE, headi.ng read, text
waived, passed and approved unani:mcusly 5-0.
Ilf
COUNCIL AGENDA STATEMENT Item / S--
Meeting Date ~
ITEM TITLE: Public Hearing: PCM 98-10; Request to amend the General Development
Plan, Site Utilization Plan and Land Use Map for Rancho Del Rey Specific
Planning Area (SPA) III in order to change designation on subject parcel
from CPF (Community Purpose Facility) to OS-3 (Open Space) to allow the
primary use of the site to be used for a "for-profit" day care- Rancho del
Rey Investors, LP.
Resolution I ~~lving amendments to the Rancho Del Rey Sectional
Planning Area (SPA) Plan General Development Plan and Site Utilization
Plan in order to change the designation from CPF (Community Purpose
Facility) to OS-3 (Open Space) on 1.8 acre parcel located at the northeast
comer of Paseo Ladera and Paseo Entrada.
Ordinance ~ U-lcting the Rancho Del Rey Sectional Planning Area III
Plan by Changing the Land Use Designation from CPF (Community
Purpose Facility) to OS-3 (Open Space) on a 1.8 acre parcel located at the
northeast corner of Paseo Ladera and Paseo Entrada.
SUBMITfED BY, Directoc ,'PI",""" ~
REVIEWED BY: City ManageflJR ~ -?
The proposal is to amend the Rancho del Re PA III Plan in order to change the designation of
the 1.8 acre project site from CPF (Community Purpose Facility) to OS-3 (Open Space). The
Project Site (1.8 acres gross) is located northeast of the intersection of Paseo Ladera and Paseo
Entrada, one block north of Telegraph Canyon Road. The current CPF Land Use Designation
allows the site to be used only for "non profit" Community Purpose Facilities which are ancillary
to another permitted use (ie. church). In 1985, the site was being considered by the City for a
park. Later, the City determined the site was too small and wanted a larger park site (resulting
in 10 acre Voyager Park). Following this, the site has been marketed primarily as a church site.
The applicant has since learned that the site is too small to meet the size requirements of today's
church's, which generally require a 5 acre minimum parcel size. Therefore, the applicant is now
requesting an amendment to the SPA III Plan in order to change the land use designation from
CPF to OS-3. At the present time, the applicant wishes to market the site for a "for profit" day
care facility as the primary use of the site (an allowable use under the OS-3 land use designation).
An Initial Study, IS 98-11, of possible significant environmental impacts has been conducted by
the Environmental Review Coordinator resulting in the preparation of an addendum to previously
certified EIR 89-10, Rancho del Rey, SPA III, pursuant to the provisions of the California
Environmental Quality Act (CEQA).
/ç--j
Page No.2, Item No.:
Meeting Date: 5/26/98
RECOMMENDATION: That Council hold the public hearing and adopt the Resolution and
Ordinance approving the amendment to the General Development Plan, Land Use Map and Site
Utilization Map of Rancho Del Rey Sectional Planning Area (SPA) III.
BOARDS/COMMISSIONS RECOMMENDATION:
The Planning Commission considered this project on May 6, 1998 and voted 4-0-3 (with three
commissioners absent) to approve a resolution recommending that the City Council accept the
addendum to previously certified EIR 89-10 and amend the General Development Plan, Site
Utilization Plan and Land Use Map in order to change designation on subject parcel from CFP
(Community Purpose Facility) to OS-3 (Open Space).
DISCUSSION:
1. Site Characteristics
The 1.8 acre project site located at the northeast comer of Paseo Ladera and Paseo Entrada
is currently vacant. It is surrounded on all sides by existing single family dwellings.
2. General Plan Zoninl! and Land Use
General Plan Zonin~(SPA Desi~) Existin~ Land Use
Site PQ (Pub/Quasi-Pub) PC (CPF) Vacant
North Res (3-6 DUlAC) PC (RS) Single Fam. Res.
South Res (3-6 DU/AC) PC (RS) Single Fam. Res.
East Res (3-6 DU/AC) PC (RS) Single Fam. Res.
West Res (3-6 DU/AC) PC (RS) Single Fam. Res.
3. ~
To amend the General Development Plan, Site Utilization Plan and Land Use Map for
Rancho Del Rey Specific Planning Area (SPA) III to change designation from CPF
(Community Purpose Facility) to OS-3 (Open Space).
4. Public Forum
A public forum was held on March 16, 1998 present the proposed project to the residents
of the area and solicit their comments. Only one resident attended. Issues discussed
included: concern over hours of operation of a proposed day care use; placing limitations
on the number of children who will attend the day care facility; traffic concerns along the
collector street and other potential uses if day care facility is not constructed. Outcome of
forum was to support the proposed SPA amendment.
/5>2
Page No.3, Item No.:
Meeting Date: 5/26/98
5. Analysis:
Community PUI:pose Facility ReQJ.lirement
Ordinance 2452A, adopted by City Council on April 23, 1991, requires Master Planned
Communities to set aside a certain amount of land for community purpose facilities. The
adopted standard is 1.39 net usable acres per 1,000 project population. The first step in
determining the requirement form Rancho del Rey is to estimate the project population.
A population of 11,771 is expected at project build-out. Using this population estimate,
the facility yields a requirement of 16.4 acres for the Rancho del Rey community. Net
acres provided for CPF sites is 18.6 acres, which leaves a net of 2.2 acres in excess of
what is required.
Current Permitted Uses
"Community Purpose Facility" uses would include uses for a variety of community and
social service groups, including churches. Day Care Facilities or private schools are only
allowed as ancillary to these uses (See Attachment "5")
Pro.posed Permitted Uses
The OS-3 designation, in addition to open space, allows a variety of low impact uses (i.e.
Christmas tree sales) as well as churches, day care facilities and public-quasi public uses.
For a more complete listing, see Attachment "6".
Land Use Compatibility
The site is a 1.8 acre vacant parcel located at the northeast intersection of Paseo Ladera
and Paseo Entrada. It is surrounded by on all sides by residential development. The
proposed amendment would allow a number of uses considered to be of relatively low
impact. This includes uses such as churches and day care facilities along with other public
and quasi public uses. Staff does not believe these uses to be more intensive or any less
compatible than uses allowed under the current CPF designation.
Other existing day care facilities in the area include La Petite Academy on 1.76 acres at
the northeast corner of East" J" and Paseo Rancheros and at Childrens World the northeast
corner of Telegraph Canyon Road and Paseo del Rey (612 Paseo del Rey) on 1.10 acres.
The current enrollment at La Petite Academy is 160 children and for Childrens World is
144 children. There is also another location for La Petite Academy at the northeast corner
of East "H" Street and Corral Canyon Road (795 Corral Canyon Road) which is a 1.31
acre site. The current enrollment at this location is approximately 160 children.
/.5~
Page No.4, Item No.:
Meeting Date: 5/26/98
Due to the existing grading of the site, no access will occur along the southern boundary
off of Paseo Entrada. The existing slope conditions, along with the configuration of the
site, will allow access to the site only along the sites northern boundary. These same
conditions have resulted in the site being lower than the surrounding residential
development, especially to the east, resulting in a natural buffer.
~
No significant noise impacts are anticipated as a result of the proposed change in land use
designation from CPF to OS-3. As mentioned previously, the applicants desire is to
market the site for use as a day care facility as the primary use. It is anticipated the noise
impacts would be similar or less than with a day care facility built as an ancillary use
under the current CPF designation.
Traffic/Parkin~
The City Engineering Division has reviewed the propose project and has determined that
it would not adversely affect the existing level of service on roads or intersections in the
area. If a use is proposed that appears to generate a high volume of traffic (i.e. a day care
facility for more than 45 children or greater than 3,000 s.f of building) additional traffic
analysis would be required. This is based upon the proposed project, independent of
whether the land use designation changes to the proposed OS-3 designation or remains
under the current CFD designation. As another example, a church which is permitted by
right under the CFD designation may have a greater impact than a day care facility as
primary use.
If a day care facility were to occupy the site, there are strict operational standards which
must be adhered to. One of these standards requires that all children in attendance be
signed in and out by the responsible/authorized adult. As a result, parents will be pulling
into and out of the parking area and will not be stopping or parking along Paso Litera.
6. Conclusion
Staff has concluded that the requested amendment to the Rancho del Ray SPA III plan is
appropriate based upon the above discussion. Therefore, staff recommends the City
Council adopt the ordinance to change the appropriate maps and the land use designation
from CPF to OS-3.
FISCAL IMPACT: The applicant has paid for all processing costs associated with this
application.
/S/L-j
.. -_n -- .~ <- v I U - _I . I .1- --- - "
Page No.5, Item No.:
Meeting Date: 5/26/98
Attachments
~u
1. Locators, Site Plans, etc
2. Draft Planning Commission Minutes and Resolutions 1íld / Wð-+?;Œ~
3. Addendum to ErR 89-10
4. Existing land use regulations (CPF)
5. Proposed land use regulations (OS-3)
(H:..jeft\ ccrptlrdr)
/.5<5/ f-S--:"
ORDINANCE NO. ).7;33
-
AN ORDINANCE OF THE CITY OF CHULA VISTA AMENDING THE RANCHO
DEL REY SECfIONAL PLANNING AREA III PLAN BY CHANGING THE LAND
USE DESIGNATION FROM CPF (COMMUNITY PURPOSE FACILITY) TO OS-3
(OPEN SPACE) ON A 1.8 ACRE PARCEL LOCATED AT THE NORTHEAST
CORNER OF PASEO LADERA AND PASEO ENTRADA
A. RECITALS
1. Project Site
WHEREAS, the property which are the subject matter of this Resolution are
diagrammatically represented in Exhibits A ("Project Site")
2. Project Applicant
WHEREAS, a duly verified application, PCM 98-10, for a Miscellaneous Amendment was
filed with the Planning Department on November 22, 1997 by Rancho del Rey Investors, PS
(Applicant); and
3. Project Description; Application for a Miscellaneous Amendment
WHEREAS, the proposed amendments to the SPA Plan, General Development Plan, Site
Utilization Plan and Land Use Map consist of changing Land Use District designation from
CPF, Community Purpose Facility, to OS-3 (Open Space); and
4. Planning Commission Record on Application
WHEREAS, the Planning Commission held an advertised public hearing on said Project on
May 6, 1998, and voted 4-0-3 to recommend that the City Council approve the Project, based
upon the findings listed below; and,
5. City Council Record of Applications
WHEREAS. a duly called and noticed public hearing was held before the City Council of
the City of Chula Vista on May 26, 1998 on the Project, received the recommendations of
the Planning Commission, and heard public testimony with regard to the same.
B. PLANNING COMMISSION RECORD
The proceedings and all evidence introduced before the Planning Commission at their public hearing
on this project held on May 6, 1998, and the minutes and resolutions resulting therefrom, are hereby
incorporated into the record of this proceeding.
/ý?
1
C. ENVIRONMENTAL DETERMINATION
The City's Environmental Review Coordiator has reviewed the Project and prepared an addendum
to the Rancho del Rey SPA III Final Supplemental Environmental Impact Report (89-10), which
concluded that changing the designation of the site from CPF to OS-3 would not result in significant
impacts pursuant to Section 15164 of the State CEQA Guidelines, and therefore found that the
revisions would result in only minor technical changes or additions which are necessary to make the
EIR adequate under CEQA.
D. SPA FINDINGS
1. THE SECTIONAL PLANNING AREA PLAN AS AMENDED IS IN CONFORMITY
WITH THE RANCHO DEL REY SPA III GENERAL DEVELOPMENT PLAN, AS
AMENDED, AND THE CHULA VISTA GENERAL PLAN.
The proposed SPA amendment reflects land uses that are consistent with the Rancho del Rey
SPA III General Development Plan, as amended, and the Chula Vista General Plan in that
the land uses allowed under the OS-3 designation are similar in nature to public/quasi-public
uses allowed under the "Public/Quasi-Public" General Plan designation.
2. THE RANCHO DEL REY SECTIONAL PLANNING AREA PLAN, AS AMENDED,
WILL PROMOTE THE ORDERLY SEQUENTIALIZED DEVELOPMENT OF THE
INVOLVED SECTIONAL PLANNING AREA.
The proposed SPA amendment will allow the currently vacant site to be developed with a use
that helps meet the needs of the surrounding community. The site is too small to
accommodate some of the uses allowed under the current CPF designation. The SPA
amendment will allow the site to be marketed for use as a day care facility which will
provide a needed service for the residents in the surrounding community.
3. THE RANCHO DEL REY SECTIONAL PLANNING AREA (SPA) PLAN AS AMENDED
WILL NOT ADVERSELY AFFECT ADJACENT LAND USE, RESIDENTIAL
ENJOYMENT, CIRCULATION, OR ENVIRONMENTAL QUALITY.
The land uses allowed within the OS-3 designation are typically public/quasi-public uses
which are generally of a low impact nature. While a church of day care facility is also
allowable under this land use designation, the size of such a facility, given the size of the
parcel, will not be a cause a significant impact on the surrounding residential development.
Physical constraints of the site will prohibit vehicular access to the parcel off of Paseo
Entrada. Thus, access to the parcel will not negatively impact adjacent residential
development.
E. COUNCIL ACTION
The City Council of the City of Chula Vista hereby directs that the parcel located at the northeast
corner of Paseo Ladera and Paseo Entrada, as shown on the attached Exhibit B, be redesignated OS-
3 Open Space and that all applicable maps found in the Rancho del Rey Specific Planning Area III
Plan be amended to reflect same.
JS;Y
2
F. EFFECTIVE DATE OF THIS ORDINANCE
This Ordinance shall take effect and be in full force the thirtieth day from its adoption.
Presented by Approved at to form by
g", r1AA~~ ~
Robert A. Leiter Jo n M. Kaheny
Director of Planning City Attorney
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RESOLUTION NO. Jft?/.3
RESOLUTION OF THE CITY OF CHULA VISTA CITY COUNCIL APPROVING
AMENDMENTS TO THE RANCHO DEL REV SECI'IONAL PLANNING AREA
(SPA) PLAN GENERAL DEVELOPMENT PLAN AND SITE UTILIZATION PLAN
IN ORDER TO CHANGE THE DESIGNATION FROM CPF (COMMUNITY
PURPOSE FACILITY) TO OS-3 (OPEN SPACE) ON A 1.8 ACRE PARCEL
LOCATED AT THE NORTHEAST CORNER OF PASEO LADERA AND PASEO
ENTRADA
1. RECITALS
A. Project Site
WHEREAS, the property which are the subject matter of this Resolution are
diagrammatically represented in Exhibit A ("Project Site")
B. Project; Application for Discretionary Approval
WHEREAS, on November 22,1997, Rancho Del Rey Investors, LP ("Applicant") filed an
application for an amendment to the Rancho Del Rey Sectional Planning Area (SPA) Plan;
and
WHEREAS, the proposed amendments to the SPA Plan, General Development Plan, Site
Utilization Plan and Land Use Map consist of changing parcel Land Use District designation
from CPF, Community Purpose Facility, to OS-3 (Open Space); and
C. Planning Commission Record on Application
WHEREAS, the Planning Commission held an advertised public hearing on said Project on
May 6, 1998, and voted 4-0-3 to recommend that the City Council approve the Project, based
upon the findings listed below; and,
D. City Council Record of Applications
WHEREAS, a duly called and noticed public hearing was held before the City Council of
the City of Chula Vista on May 26, 1998 on the Project, received the recommendations of
the Planning Commission, and heard public testimony with regard to the same.
II. PLANNING COMMISSION RECORD
The proceedings and all evidence introduced before the Planning Commission at their public hearing
on this project held on May 6, 1998, and the minutes and resolutions resulting therefrom, are hereby
incorporated into the record of this proceeding.
1
/~/J
III. ENVIRONMENTAL DETERMINATION
The City's Environmental Review Coordinator has reviewed the Project and prepared an
addendum to the Rancho del Rey SPA III Final Supplemental Environmental Impact Report (89-
10), which concluded that changing the designation of the site from CPF to OS-3 would not
result in significant impacts pursuant to Section 15164 of the State CEQA Guidelines, and
therefore found that the revisions would result in only minor technical changes or additions
which are necessary to make the EIR adequate under CEQA.
IV. SPA FINDINGS
A. THE SECTIONAL PLANNING AREA PLAN AS AMENDED IS IN CONFORMITY
WITH THE RANCHO DEL REY SPA III GENERAL DEVELOPMENT PLAN, AS
AMENDED, AND THE CHULA VISTA GENERAL PLAN.
The proposed SPA amendment reflects land uses that are consistent with the Rancho Del Rey
SPA III General Development Plan, as amended, and the Chula Vista General Plan in that
the land uses allowed under the OS-3 are similar in nature to public/quasi-public uses allowed
under the "Public/Quasi Public" General Plan designation.
B. THE RANCHO DEL REY SECTIONAL PLANNING AREA PLAN, AS AMENDED,
WILL PROMOTE THE ORDERLY SEQUENTIALIZED DEVELOPMENT OF THE
INVOLVED SECTIONAL PLANNING AREA.
The proposed SPA amendment will allows the currently vacant site to be developed with a
use that helps meet the needs of the surrounding community. The site is too small to
accommodate some of the uses allowed under the current CPF designation. The SPA
amendment will allow the site to be marketed for use as a day care facility which will
provide a needed service for the residents of the surrounding community.
C. THE RANCHO DEL REY SECTIONAL PLANNING AREA (SPA) PLAN AS AMENDED
WILL NOT ADVERSELY AFFECT ADJACENT LAND USE, RESIDENTIAL
ENJOYMENT, CIRCULATION, OR ENVIRONMENTAL QUALITY.
The land uses allowed within the OS-3 designation are typically public/quasi public uses
which are generally of a low impact nature. While a church or day care facility is also
allowable under this land use designation, the size of such of a facility, given the size of the
parcel, will not cause a significant impact on the surrounding residential development.
Physical constraints of the site will prohibit vehicular access to the parcel off of Paseo
Entrada. Thus, access to the parcel will not negatively impact adjacent residential
development.
2
/~Ji
V. COUNCIL DIRECTION
The City Council of the City of Chula Vista hereby directs that the parcel located at the northeast
comer of Paseo Ladera and Paseo Entrada, as shown on the attached Exhibit B and C, be
redesignated Open Space 3 on the General Development Map and Site Utilization Map.
VI. EFFECTIVE DATE OF THIS RESOLUTION
This amendment to the General Development Plan and Site Utilization Plan shall take effect and be
in full force the thirtieth day from its adoption.
Presented by Approved as to form by
O/\-_yv1~. ~-
Robert A. Leiter John M. Kalieny
Director of Planning City Attorney
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COUNCIL AGENDA STATEMENT
Item / t?
Meeting Date ~
ITEM TITLE: Public Hearing: PCS 98-07/PCM 98-33; Request for a Tentative
Subdivision Map with 28 single family detached units and an amendment
to the Ranchero Sectional Planning Area Plan to allow a reduction in
current development standards for a project located on the ~outh side of
East "J" Street between River Ash Drive and the present terminus of Wild
Oak Drive at Paseo Ladera, within the PC Zone - Western Pacific Housing.
ß. Resolution /9# ~rOVing an amendment (PCM 98-33) to the Ranchero
Sectional Planning Area (SPA) plan in order to change the development
standards applicable to single family detached residential lots for lots 1 thru
28 as shown on Tract Map PCS 98-07.
11 ,Resolution /9 ¿:? -{"ting Tentative Subdivision Map PCS 98-07 to allow
the subdivision of 5.25 gross acres into 28 single family lots ranging in size
from 5,000 to 8,300 square feet on the south side of East "J" Street
between River Ash Drive and the current terminus of Wild Oak Road off
of Paseo Ladera.
C. Resolution J 9 £(¡fring the intent to increase the Open Space District #10
assessment on this subdivision and setting the time and place for the Public
Hearing.
SUBMITIEDBY, Di=ofP1~m"g ~~
REVIEWED BY: CitYManag~ ~ .-. 4/5 Vote NQ
The proposal is to 1) subdivide a parcel consis' g of 5.25 gross acres into 28 lots ranging in size
from 5,000 sq. ft to 8,300 sq. ft. and 2) amend the development standards contained in the
Ranchero Sectional Planning Area (Plan) to allow a reduction in minimum lot sizes and set back
requirements.
The Environmental Review Coordinator conducted an Initial Study, IS 98-23, of potential
environmental impacts associated with the implementation of the project. Based on the attached
Initial Study and comments thereon, the Coordinator has concluded that there would be no
significant environmental impacts and recommends adoption of the Mitigated Negative Declaration
issued on IS 98-23.
/¿, -I
RECOMMENDATION:
It is recommended that the City Council: Adopt Resolution approving an amendment to the
Ranchero Sectional Planning Area (SPA) Plan and adopt Resolution approving Tentative
subdivision Map PCS 98-07 for a 28 lot subdivision with dual cul-de- sacs;
Further it is recommended that the City Council take additional action to; (1) adopt Resolution
to order the initiation of assessment ballot procedures applicable to the parcel for which it is
proposed that the Open Space District #10 assessment will increase; and 2) to direct the City
Clerk to publish the Resolution of Intention pursuant to Government Code 6063, and set the time
and place for the Public Hearing for 6;00 p.m. July 14, 1998 in the Council Chambers, Public
Services Building.
BOARDS/COMMISSION RECOMMENDATION:
Resource Conservation Commission
On March 30, 1998 the Resource Conservation Commission (RCC) considered the Mitigated
Negative Declaration based on IS 98-23 and voted 5-0-0-1 not to recommend the adoption of the
Mitigated Negative Declaration. The Commission stated that there was insufficient time to review
the Habitat Conservation Plan and Biological report, and they felt there was insufficient
information regarding the location and size of the Coastal sage scrub mitigation site, as well a
concern that the City of Chula Vista has utilized its regional allocation of Coastal sage scrub loss.
In addition, the RCC expressed concerns regarding insufficient information on paleontological and
archaeological resources on the site.
In response, the City's Environmental Review Coordinator had forwarded the draft Mitigated
Negative Declaration to the RCC members for their review prior to the March 30, 1998 meeting.
As he had detennined that the adequacy of the Habitat Conservation Program and Biological
Report are under the purview of the Federal and State Resource Agencies rather than the RCC,
these documents were not distributed to Commission members.
Since it was detennined that no coastal sage scrub existed on site, the approval of a permit by the
U.S. Fish and Wildlife Service does not mean that the City of Chula Vista will be exceeding any
regional take limit for coastal sage. The project site has previously been disturbed and revegetated
with a mix of both desert and coastal native species. There is revegetated scrub structurally similar
to coastal sage which enables a pair of coastal gnatcatchers to exhibit typical foraging behavior.
The applicant has prepared a Habitat Conservation Plan and has received a permit under Section
10(a)(1)(B) of the federal Endangered Species Act for the incidental take (harm and harass) of
one pair of coastal California gnatcatchers and 4.2 acres of its foraging habitat within the project
site. The applicant will be required to replace the habitat off-site, in addition to meeting other
mitigation monitoring measures. Therefore, it is the opinion of staff and the Resource Agencies
that the impact will be adequately mitigated.
/ tf:; ~e2
Page 3, Item
Meeting Date ~
Finally, since the site has previously been graded, there would not be any impacts to cultural
resources from the proposed project. A paleontologist will be required on site for the regrading
of the project.
Plannin~ Commission
On May 6, 1998, the Planning Commission held a public hearing to consider the proposed project.
Staff had recommended adoption of an alternative plan with the reduction of one additional lot,
resulting in 27 lots with a thru street design allowing Wild Oak Road to extend west and north
thru to East" J" Street. Testimony of residents of the area, including submission of two petitions
containing approximately 50 signatures, asked that no project be approved for the subject property
(see Attachment 9). After closing the public hearing, the Planning Commission voted 4-0-3 to
recommend City Council adopt an Alternative Plan which provided for 28 lots with a dual cul-de-
sac design as well as the proposed amendment to the Ranchero Sectional Planning Area (SPA)
Plan.
DISCUSSION:
1. Site Characteristics
The project site consists a rectangular shaped parcel consisting of 5.25 gross acres of land
(including existing easement for East "J" Street). The dual cul-de-sac proposal will result
in 4.06 net acres. The site is surrounded by existing residential development to the west,
south and east.
2. Zonin\1 and Land Use
General Plan Zonin~ and Land Use
~
General Plan Zonin~(SPA Desi~) Land Use Av~ Lot Size
Site Res (3-6 DUlAC) PC (SF Detached) Vacant
North Res (3-6 DUlAC) PC (SF Detached) Vacant
South Res (3-6 DUlAC) PC (SF 0 Lot Line) SFD 5000 s.f.
East Res (3-6 DUlAC) PC (SF 0 Lot Line) SFD 7000 s.f.
West Res (3-6 DUlAC) PC (SF 0 Lot Line) SFD 5000 s.f.
1&'3
Page 4, Item
Meeting Date ~
History of the Bennett propeI\Y
In October of 1985, 1.4 acres located at the western end of the 10 acre Bennett site were divided
into 9 lots consisting of zero lot line single family development. On July 20, 1991, a condition
of final map approval for Rancho Del Rey Sectional Planning Area (SPA) III, required the
extension of East "J" Street through the Bennett site. In November 10, 1997, an application was
filed to split the 8.31 acre parcel (containing the road easement for East "J" Street) into two
parcels. The division was to occur at the centerline of East" J" Street. A condition of approval
of said parcel map was the dedication of East "J" Street to formally make it a public street. At
the time of the writing of this report, the entire 8.31 acres is still one legal parcel. However, the
parcel map, dividing this property into two separate parcels is scheduled to be recorded prior to
the City Council meeting on May 26, 1998. The resulting project site will consist of 5.25 gross
acres.
Compatibility with SPA plan
The Ranchero Sectional Planning Area Plan (SPA) Plan was adopted in 1980 to set forth specific
land use regulations and designations for properties located within the SPA boundaries. This
included all property contained within the boundaries of the El Rancho Del Rey Master Tentative
Map as well as a 10 acre parcel identified as the Bennett property. The project site consisting of
8.31 acres is a portion of the original 10 acre Bennett property.
The SPA Plan identifies the location of and minimum lot sizes for the various product
development types within the boundaries of the Plan. Beyond that, however, there is no particular
mention of density ranges. However, there is an overall dwelling unit holding capacity for the
entire land area contained within the boundaries of the SPA Plan. Thus, according to the adopted
Plan, the fact that the density of a particular 10 acres may exceed the "permitted" density for that
area (based upon lot size) was of no concern as long as the overall holding capacity of the SPA
area is observed. The holding capacity of the Ranchero Sectional Planning area is to be limited
to 415 units. The El Rancho Del Rey Master Tentative Map consisted of 369 lots, leaving 46
remaining lots available for development within the 10 acre Bennett property before the holding
capacity would be reached. Nine lots within the Bennett site were since developed leaving 37 lots
available for development within the 8.31 piece currently being divided into two properties
(including project site identified as parcel 2 of the Parcel Map).
3. ~
Tentative Subdivision Map
The dual cul-de-sac proposal is the result of the developers responding to the
neighborhood's concern regarding a subdivision design with a through road extending to
/ &-'/
Page 5, Item
Meeting Date sæíL2B.
"J" Street. A through road design offers certain advantages for emergency service
response and daily deliveries (ie, mail, trash, etc.). Nevertheless, the Planning
Commission prefers the tentative subdivision map which contains 28 single family
detached lots ranging in size from 5,000 to 8,300 sq.ft. and utilizes the dual cul-de-sac
design. The area residents also prefer this plan (if the site is to be developed). This
proposal requires extending Wild Oak Road about loo ft. to the west to form a longer cul-
de-sac with an additional 8 homes. Another cul-de-sac, "Vista Oak Court", is proposed
to be constructed from the southerly extension of East" J" Street to provide access to 15
homes.
SPA Amendment
The proposal is to amend the development standards contained in the adopted Ranchero
Sectional Planning Area (SPA) Plan in order to allow a reduction in minimum lot sizes and
setback requirements for the proposed development.
4. Analysis
Land Use Compatibility
Staff initially raised concerns about the proposed lot size compatibility with the existing
adjacent residential lots, especially to the east. These existing lots to the east are minimum
of 7,000 sq. ft. as stated earlier in the report. The applicant is proposing a range in lot
sizes from 5,Ooo to 8,3oo sq. ft. for the proposed subdivision. Staff requested the
applicant to transition the lot sizes to achieve greater compatibility with the existing
residences to the east of the project site. In essence, this would necessitate reducing the
lot count from 29 to 27 lots. The applicant was willing to reduce the original lot count of
29 lots by one. Thus the current proposal is for 28 lots. While staff supports a further
reduction of one more lot in order to achieve greater compatibility, staff feels that the
Planning Commission approval of the 28 lot subdivision with dual cul-de-sac design is a
reasonable compromise.
The transition of lot sizes with the existing lots to the west and south is of lesser concern
in that they were built under different development standards which allowed a minimum
lot size of 5,000 square feet and zero lot line and said lots are not oriented to interface in
such a critical manner as the lots immediately to the east.
Existin¡¡ Develo¡¡ment Standards
The SPA plan requires that development of the area contained within the proposed project
boundaries be for single family detached residences with development standards being
governed mainly by the provisions of the R-I-7 standards. The only exceptions to the R-
II, "5
Page 6, Item
Meeting Date sϒL2B.
1-7 standards described in the SPA plan were regarding setbacks for lots adjacent to zero
lot line homes as well as lots fronting along East "J" Street. Said lots along East "J"
Street require a minimum front yard setback of thirty-five feet. These requirements are
delineated in the applicable section of the SPA Plan shown on Attachment 5.
Pro.posed Amendment to Ranchero Sectional Plannin~ Area Plan
The R-I-7 standards that currently apply to this development require a minimum lot size
of7,OOO sq. ft. However, this does allow up to 30% of lots to be less than 7,000 sq. ft.
as long as the overall average remains at 7,000 sq. ft. The applicant is requesting to
substantially reduce the percentage of lots which must be 7,000 sq. ft., and allow the
majority of lots to maintain a minimum of 5,000 square feet. Staff supports the proposed
change in allowable lot sizes as long as the positioning of the lots is such as to allow a
favorable transition with the existing surrounding lot sizes. The reduction in lot sizes
allows the developer to propose a number of lots which is closer to the allowable holding
capacity of the area while still allowing for future development of the parcel to the north.
The following table shows the break down of percentages of lot sizes allowed under the
R-I-7 standard as well as the proposal by the applicant.
Lot size minimum R-I-7 standards Proposed standards
7,000 sq. ft. 70 % 5%
6,000 sq. ft. 20 % 25 %
5,000 sq. ft. 10% 70 %
Other development standards which the applicant is requesting to amend include the building
setbacks. The applicant is requesting that the sideyard setbacks be reduced from the required 10
ft and 3 ft to allowing a minimum of five feet on both sides. This will accommodate the product
type being proposed by the developer. In addition, the applicant is proposing to reduce the
required rear yard setbacks for lots fronting along East "J" Street from twenty feet to fifteen feet.
This is necessary in order to accommodate the housing type proposed by the applicant.
With regard to side yard setbacks, in order to accommodate the previously developed home plan
for the recently revised subdivision design with dual cul-de-sacs, it will be necessary to have
setbacks of 5 and 5 for the cul-de-sac lots. Under the proposed cul-de- sac design, half of the
proposed lots will front along a cul-de-sac. The design of such lots results in a more pronounced
side yard angle than a standard lot design. This makes it extremely difficult to use 10 and 3 side
yard setbacks. With regard to the rear yard setback reduction, Staff supports this request since
there is already a thirty five foot front setback required for these same lots which front along East
"J" Street.
It-~
Page 7, Item
Meeting Date ~
Complete text of applicants proposal to modify the development standards of the Ranchero
Specific Plan is shown on Attachment 6.
Public II1put
The applicant's proposal originally was a request for 29 lots with most of the lots ranging in size
from 5,000 to 6,000 square feet, including at the eastern end of the proposed subdivision. Due
to staff's concern over the compatibility of these lot sizes with the existing surrounding
development, especially to the east, it was requested that the developer hold a public forum to
discuss their proposal. The first of these forums was held on March 26, 1998. While there were
only a few residents in attendance, the consensus of the residents along Wild Oak Road was they
did not want the existing stub street extended through to East "1" Street. They indicated at the
time of purchase of their homes, they had been informed that the temporary cul-de-sac would
always be there. Based on the input received from the residents, staff requested that the developer
explore the feasibility of an alternative design that might meet the concerns of the residents.
As a result, a dual cul-de-sac alternative was developed and presented to the residents at a second
public forum held on April 14, 1998. At this forum, many more residents were in attendance.
The developer presented an alternative proposal with 28 lots with a through road to East" J"
Street and a second alternative proposal with a dual cul-de-sac design. At this forum, input was
also received regarding biology concerns on the property. It was indicated by the public that the
biology on-site is of significant concern and that the environmental review process that has been
conducted by City staff and other outside resource agencies was inadequate to address the
biological sensitivity of the site. Following this, one of the residents brought up a "third"
alternative - no project. The result was that the consensus of the residents now became one of
wanting no development of the property. If that were not possible, they then agreed that the
alternative with the dual cul-de-sac design was preferred, and in no case would they consider
accepting the extension of the road going all the way through from Wild Oak Road to East" J"
Street.
Dual cul-de-sac Desi~n
Based upon concerns expressed by residents surrounding the project area, the applicant developed
a proposal in an effort to address these concerns. The plan resulted in a dual cul-de-sac. One
street extends approximately 100 feet west of the existing cul-de-sac with the other coming off
East" J" Street.
It should be noted that with the Planning Commission's recommendation for the dual cul-de-sac
design, the map is conditioned to reduce the rear yard slope area of Lot 13. This will be
accomplished be a series of retaining walls no higher than 4 feet, which provides up to eight
additional feet of usable yard area. As currently configured, the rear yard of said lot is not
acceptable. Staff also recommends that the front yard of Lot 23 be increased from what is shown
/¿, ~7
Page 8, Item
Meeting Date ~
on the proposed lot layout. This front yard area should be increased to thirty feet, consistent with
the proposed setback for Lot 26. This will allow for additional front yard landscaping as well as
provide for more openness to the cul-de-sac design.
~
The biology of project site has been previously disturbed and revegetated with a mix of both
desert and scrub native species. The dominant plant species are brittle brush, common encelia,
coast goldenbush, and deer weed. Brittle brush is native to desert areas east and northeast of
coastal San Diego County and is not a natural component of native vegetation in the coastal area.
There are other native and non-native plant species present but are not considered to be threatened
or endangered species. No coastal sage scrub habitat was found on the site.
On September, 1997 a single pair of coastal California gnatcatchers was observed foraging in the
revegetated scrub on-site during a biological survey conducted by RECON. This species is listed
as threatened by the U.S. Fish and Wildlife Service (USFWS), and is considered a species of
special concern by the California Department of Fish and Game.
The applicant has prepared a Habitat Conservation Plan (HCP) and has recently received an
incidental take pennit from the USFWS pursuant to the Endangered Species Act of 1973, as
amended. This permit authorizes the incidental take (harm and harass) of one pair of threatened
coastal California gnatcatchers and 4.2 acres of its foraging habitat within the project site in
association with the proposed single family residential development, subject to prescribed
mitigation measures including off-site habitat replacement.
The Mitigated Negative Declaration prepared for the project by the City's Environmental Review
Coordinator, reflects the mitigation required by the U.S. Fish and Wildlife Service in order to
develop the property.
Street Names
In adopting the dual cul-de-sac tentative subdivision map, it is necessary to name the cul-de-sac
coming off East "J" Street. The applicants preferred name is "Vista Oak Court". This name
has been reviewed and found acceptable by the Planning Department, Fire Department, Traffic
Engineering and the Chula Vista Post Office. The name for the cul-de-sac at the terminus of Wild
Oak Road will remain unchanged.
Open Space District # 10
The parcel is located within the existing Landscaping and Maintenance District "Open Space
District # 10" (see Attachment 7). On October 2, 1984, the City Council approved Resolution
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Page 9, Item
Meeting Date ~
#11775 (see Attachment 8), which modified the boundaries of Open Space District #10 to include
the subject property (Bennett parcel). The City Council's action also stipulated that the
assessment on the Bennett parcel shall have a zero assessment as long as the Bennetts remained
the property owners. However, due to the change in ownership and with development of the
proposed subdivision on the Bennett property, the assessment for Open Space District #10 will
be charged to the new owners. The current levels ($88.48 for FY 97/98) will result in an increase
in assessments on this property (The parcel to the north of East" J" Street, the Bennett parcel
remaining under their ownership, will remain with a zero assessment, per Resolution #11755).
Pursuant to the requirements of Proposition 218, the increase in assessments require that a ballot
be mailed, to the property owner, with a minimum of 45 days response period and a public
hearing be held.
FISCAL IMPACT: The applicant has paid for all processing costs associated with this
application.
Attachment,
1. Locators. Site Plans, etc ~~
2. Draft Ptanning Commission Minutes and Resolution ~
3. RCC Minutes
4. Mitigated Negative Declaration for IS 98-23 and ownership disclosure statement ;Jð~
5. Cnrrent Development standards of Ranchero Specific Plan
6. Proposed development standards of Ranchero Specific ptan
7. Plat showing cnrrent bonndaties of Open Space Maintenance District 10 ~f)
8. Resolution # t1775
9. Petitions from surrounding residents
10. Copy of Habitat Conservation ptan and anached biological survey dated October 29,1997
11. Federal Fish and Wildlife Pennit dated 5/6/98
H,\...pl"","",\iefflœ'Ptlben.new
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May 26,1998
CITY OF CHULA VISTA
276 Fourth Avenue
Chula Vista, CA 91910
Ann: Jeff Steichen
Planner
Re: Bennett Property
SPA Amendment - Side Yard Setbacks
Dear Mr. Steichen:
Please let this letter serve as an official request to remove the proposed Rancho SPA Amendment
that reduces the minimum side yard setback from the standard 10 feet and 3 feet to the proposed
5 feet on each side.
Based upon further review of the Bennett Property site plan, Western Pacific Housing has
detennined that the standard setback of 10 feet and 3 feet can be utilized while maintaining an
average of20 feet in the rear yards.
TIùs request shall not affect or alter additional SPA Amendments being proposed for the Bennett
Property.
Sincerely,
WESTERN PACIFIC HOUSING
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Ryan E. Green
Forward Planner
-11. / tÞ)[J
RESOLUTION NO. /9ð/r
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA
VISTA ADOPTING NEGATIVE DECLARATION AND GRANTING
APPROVAL OF A TENTATIVE MAP TO ALLOW THE SUBDIVISION OF
5.25 GROSS ACRES INTO 28 SINGLE F AMIL Y LOTS RANGING IN SIZE
FROM 5,000 TO 8,300 SQUARE FEET ON THE SOUTH OF EAST "J"
STREET BETWEEN RIVER ASH DRIVE AND THE CURRENT TERMINUS
OF WILD OAK ROAD OFF OF PASEO LADERA.
I. RECITALS
A. Project Site
WHEREAS, the parcel which is the subject matter of this resolution is
diagrammatically represented in Exhibit A attached hereto and incorporated herein
by this reference, and for the purpose of general description herein, the Project
consists of 5.25 acres located on the south side of East "]" Street between River Ash
Drive and the current terminus of Wild Oak Road off of Paseo Ladera ("Project
site")
B. Project Applicant
WHEREAS, on a duly verified application for a tentative map (PeS 98-07) with
respect to the Project Site was filed with the city of Chula Vista Planning Department
by Western Pacific Housing ("Applicant") on December 18, 1998; and
C. Project Description; Application for Tentative Map/SPA Amendment
WHEREAS, Applicant requests permission to subdivide 5.25 acres into 28 lots on
the Project Site; and
D. Environmental Determination
WHEREAS, in accordance with the requirements of CEQA, the Environmental
Review Coordinator has determined that the Project requires the preparation of an
Initial Study and a Habitat Conservation Plan, such initial study (IS 98-23) was
prepared, and based on such study a Mitigated Negative Declaration was prepared
and circulated for public review; and
E. Resource Conservation Commission Record on Application
WHEREAS, the Resource Conservation Commission considered the Negative
Declaration based on IS 98-23 voted 5-0-0-1 not to recommend adoption of the
Negative Declaration
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F. Planning Commission Record on Application
WHEREAS, the Planning Commission held an advertised public hearing on the
Project on May 13, 1998 and voted 4-0-3 adopting Resolution PCS-98-07 and PCM
98-33 recommending that the City Council adopted Negative Declaration IS-98-23,
and approve the tentative map and amendment to the Specific Plan; and
G. City Council Record of Application
WHEREAS, a duly called and noticed public hearing on the Project was held before
the City Council of the City of Chula Vista on May 26, 1998 to receive the
recommendation of the RCC and Planning Commission, and to hear public testimony
with regard to the same.
II. PLANNING COMMISSION RECORD
The proceedings and all evidence on the Project introduced before the Planning Commission
at their public hearing on this Project held on May 6, 1998 and the minutes and resolution
resulting therefrom, are hereby incorporated into the record of this proceeding.
III. COMPLIANCE WITH CEQA
In accordance with the requirements of CEQA, the City Council hereby adopts the Mitigated
Negative Declaration issued on IS-98-23.
IV. TENTATIVE SUBDIVISION MAP FINDINGS:
A. Pursuant to Government Code Section 66473.5 of the Subdivision Map Act, the City
Council finds that the Tentative Subdivision Map as conditioned herein for Bella
Nevona, Chula Vista Tract 98-07 is in conformance with the Ranchero Sectional
Planning Area Plan, as amended, and the elements of the City's General Plan, based
on the following findings:
1. Land Use
The Ranchero Sectional Planning Area has an overall holding capacity of 415 units.
Currently, there are 369 lots created within the EI Rancho Del Rey Development.
As a result, the proposed 28 lots is within the limits of the overall holding capacity.
In addition, the SPA plan is being amended concurrently to allow the development
standards proposed with this Map.
2. Circulation
All of the on-site streets required to serve the subdivision will be constructed. The
public streets within the Project will be designed in accordance with the City design
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standards and/or requirements and provide for vehicular and pedestrian connections
with adjacent streets.
3. Housing
The project is an infilI project surrounded by residential development and does not
involve any public facilities that would induce any further substantial grown. The
project site does not involve any existing housing that would be displaced. The
project will provide additional housing consistent with the zoning and development
patterns of the neighborhood.
4. Conservation
The developer has prepared a Habitat Conservation Plan (HCP) and has received an
incidental take permit from U.S. Fish and Wildlife Service (USFWS) pursuant to
Section 10(a)(I)(B) of the Endangered Species Act of 1973, as amended (ESA). This
permit authorizes the take of 1 pair of coastal gnatcatchers in association with the
proposed single family residential development of the project site.
5. Parks and Recreation, Open Space
The developer will be required to pay the Park Acquisition and Development Fee
with the Final Map approval.
6. Seismic Safety
The proposed subdivision is in conformance with the goals and policies of the
Seismic Element of the General Plan for this site. The main trace of the La Nacion
Earthquake fault, a potentialIY active fault is Ih miles to the west and would nor
directly nor indirectly impact the project site. The site is not currently within a
mapped Earthquake Fault Zone.
7. Safety
The Fire Department and other emergency service agencies have reviewed the
proposed subdivision for conformance with City safety policies and have determined
that the proposal meets the City Threshold Standards for emergency services.
8. Noise
The project is required to meet existing standards for residential development. AII
dwelling units must be designed to preclude interior noise levels over 45 dBA and
exterior noise exposure to 65 dBA in accordance with the City's performance
standards and the noise level standards of the Uniform Building Code.
9. Scenic Highway
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The project is not adjacent to scenic highways.
10. Bicycle Routes
No bicycle routes are required with the proposed development. The recently created
parcel map (Tentative Parcel Map 98-05) requires, as a condition of approval, that
the developer of said parcel map provide a bikeway on East "]" Street along project
frontage.
11. Public Buildings
No public buildings are proposed on the project site.
B. Pursuant to Section 66412.3 of the Subdivision Map Act, the Council certifies that it has
considered the effect of this approval on the housing needs of the region and has balanced
those needs against the public service needs of the residents of the City and the available
fiscal and environmental resources.
C. The configuration, orientation and topography of the site partially allows for the optimum
sitting of lots for passive or natural heating and cooling opportunities as required by
Government Code Section 66473.1.
D. The site is physically suitable for residential development and the proposal conforms to all
standards established by the City for such projects.
E. The conditions herein imposed on the grant of permit or other entitlement herein contained
is approximately proportional both in nature and extent to the impact created by the proposed
development.
NOW, THEREFORE, BE IT RESOLVED the City Council of the City of Chula
Vista does hereby approve the Project subject to the general and special conditions set forth herein.
V. TENTATIVE SUBDIVISION MAP CONDITIONS OF APPROVAL
Prior to approval of the final map unless otherwise indicated, the developer shall:
STREETS. RIGHTS-OF-WAY. AND PUBLIC IMPROVEMENTS
1. The following street improvements shall be constructed:
a. Construct East "J" Street to Class II Collector roadway standards in accordance with
City of Chula Vista Drawing Nos. 94-202 and 94-205.
b. Construct missing off-site street improvements along the full frontage of the north
side of East "]" Street between River Ash Drive and Red Oak Place.
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2. Provide a Class III Bikeway within East "J" Street. Normally, Class III Bicycle Routes
share the right-most traffic lane with motor vehicles and are posted with "Bike Route" street
signs only.
3. Enter into an agreement with the Otay Water District for water facility improvements
extending to and connecting with the existing water mains within East "]" Street at the
easterly subdivision boundary and at River Ash Drive. Install new domestic water service.
4. Design and construct all public improvements in accordance with Chula Vista Design
Standards, Chula Vista Street Standards, and the Chula Vista Subdivision Manual, unless
otherwise approved by the City Engineer. Submit improvement plans detailing horizontal
and vertical alignment of said public improvements for the review and approval of the City
Engineer.
5. Said public improvements shall include, but are not limited to, asphalt concrete pavement, .
crushed aggregate base, concrete curb, gutter and sidewalk, sewer and water utilities,
drainage facilities, street lights and signs, street knuckles and fire hydrants.
6. Guarantee, prior to approval of the Final Map, the construction/installation of all
improvements within the subdivision (streets, sewer, drainage, utilities, etc.) deemed
necessary to provide service to the subject subdivision in accordance with City standards.
7. Submit and obtain preliminary approval for proposed street name(s) from the Director of
Planning and the City Engineer. Street name(s) shall be subject to approval by the Planning
Commission. Dedicate to public use rights-of-way for all streets shown on the Tentative Map
within the subdivision. Approved street name(s) shall be shown on the Final Map.
8. Relocate the existing street light on East "J" Street near the westerly subdivision boundary
to the north side of East "]" Street at its intersection with the proposed residential street
within the subdivision. Add an additional street light at property line 4/5. All street light
locations shall be subject to review and approval by the City Engineer.
9. Construct sidewalks and pedestrian ramps on all walkways to meet or exceed" Americans
with Disabilities Act" standards.
10. Prior to approval of the Final Map, present written verification to the City Engineer from
Otay Water District that the subdivision will be provided adequate water service and long
term water storage facilities.
11. The proposed residential street within the subdivision which intersects East "J" Street must
meet intersection design sight distance requirements in accordance with City standards.
GRADING AND DRAINAGE
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12. Submit for approval by the City Engineer, a detailed grading plan in accordance with the
Chula Vista Grading Ordinance No. 1797, as amended.
13. An erosion and sedimentation control plan shall be prepared as part of the grading plans.
14. Prior to approval of the grading plan and the issuance of a grading permit, submit a soils!
geologic report for review by the City Engineer.
15. Submit hydrologic and hydraulic studies and calculations, including dry lane calculations for
all public streets. Calculations shall also be provided to demonstrate the adequacy of
downstream drainage structures, pipes and inlets. Private drainage systems within 1, 2, and
3 shall be designed to convey l00-year design storm flows under open channel flow
conditions.
16. Storm drains shall be designed in accordance with the Subdivision Manual and Chula Vista
Grading Ordinance No. 1797, as amended.
17. Provide improved access to all storm drain cleanouts, or as approved by the City Engineer.
18. Design storm drains and other drainage facilities to include Best Management Practices to
minimize non-point source pollution to the satisfaction of the City Engineer. Subsequent
owners of Lots 1, 2, 3, and 4 shall be informed of, and provided a copy of, the Chula Vista
Municipal Code Chapter 14.20 regarding non-storm water discharge prohibitions, including,
but not limited to, the discharge of oil, pesticides, fertilizers, herbicides, wash waters, and
chlorinated swimming pool water.
19. Lot lines shall be located at the tops of slopes, except as approved by the City Engineer.
Lots shall be graded to drain to the street or an approved drainage system. Runoff! drainage
shall not be permitted to flow over slopes.
20. Ten feet-wide private storm drain easements shall be granted on the Final Map for the benefit
of Lots 1, 2, and 3 in conformance with the requirements of Chula Vista Municipal Code
Section 18.20.150. Concrete-lined drainage ditches shall not be constructed over private
storm drain pipes.
21. All grading and pad elevations shall be within 2 feet of the grades and elevations shown on
the approved tentative map or as otherwise approved by the City Engineer and Planning
Director.
22. Prior to approval of Final Map, the developer shall submit a list of proposed lots indicating
whether the structure will be located on fill, cut, or a transition between the two situations.
23. The inclination of each cut or fill surface resulting in a slope shall not be steeper than 2: 1
(two horizontal to one vertical) except for minor slopes as herein defined.
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All constructed minor slopes shall be designed for proper stability considering both geological
and soil propenies. A minor slope may be constructed no steeper than one and one-half
horizontal to one venical (1.5: 1) contingent upon:
a. Submission of repons by both a soils engineer and a cenified engineering
geologist containing the results of surface and subsurface exploration and
analysis. These results should be sufficient for the soils engineer and
engineering geologist to cenify that in their professional opinion, the
underlying bedrock and soil supponing the slope have strength characteristics
sufficient to provide a stable slope and will not pose a danger to persons or
propeny, and
b. The installation of an approved special slope planting program and irrigation
system.
c. A "Minor Slope" is defined as a slope four (4) feet or less in vertical
dimension in either cut or fill, between single family lots and not parallel to
any roadway.
AGREEMENTS
24. Prior to approval of the Final Map, the developer shall agree that the City may withhold
building permits for the subject subdivision if anyone of the following occur:
a. Regional development threshold limits set by the East Chula Vista Transponation
Phasing Plan have been reached.
b. Traffic volumes, levels of service, public utilities and/or services exceed the adopted
City threshold standards in the then effective Growth Management Ordinance.
25. Prior to approval of the Final Map, the developer shall agree to comply with that version of
the Growth Management Ordinance in effect at the time a building permit is issued
26. Prior to approval of the Final Map, the developer shall agree to install fire hydrants as
required by the City Fire Marshall. Further, in compliance with Chula Vista Municipal Code
Section 15.36.030, the developer shall agree to install, test and operate all fire hydrants prior
to the delivery of any combustible materials.
27. Prior to approval of the Final Map, the developer shall agree to prepare, submit and obtain
approval by the Director of Planning of a construction phasing plan.
28. Prior to approval of the Final Map, the developer shall agree to comply with all applicable
sections of the Chula Vista Municipal Code.
29. Prior to approval of the Final Map, the developer shall agree to defend, indemnify and hold
harmless the City and its agents, officers and employees, from any claim, action or
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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 subdivider
of any claim, action or proceeding and on the further condition that the City fully cooperates
in the defense.
30. Prior to approval of the Final Map, the developer shall agree to hold the City harmless from
any liability for erosion, siltation or increase flow of drainage resulting from this project.
31. Prior to approval of the Final Map, the developer shall agree 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. Restrict
access to the conduit to only those franchised cable television companies who are, and remain
in compliance with, all of the terms and conditions of the franchise and which are in further
compliance with all other 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.
32. Prior to approval of the Final Map, the developer shall provide security to guarantee the
construction/installation of full public street improvements for East "J" Street and the
residential street within the subdivision.
OPEN SPACE/ASSESSMENTS
33. Prior to approval of the Final Map, agree to an increase of assessments imposed pursuant to
Open Space District No. 10 and agree to complete all requirements of Proposition 218 as it
relates to imposing an increase for such assessments.
34. Prior to approval of the Final Map, submit all Special Tax and Assessment disclosure forms
for the approval of the City Engineer.
35. The developer shall be responsible for installation of street trees in accordance with Section
18.28.10 of the Chula Vista Municipal Code. The use of cones shall be included where
necessary to reduce the impact of root systems disrupting adjacent sidewalks and rights-of-
way.
EASEMENTS
36. Grant on the Final Map a minimum 20' wide easement to the City of Chula Vista for
construction and maintenance of sewer and storm drain facilities within Lots 4, 11 & 24.
37. Grant on the Final Map a 5.5 feet-wide street tree planting and maintenance easement along
all public streets within the subdivision to the City. Said easement shall extend from the
property line and shall contain no slope steeper than 5: 1 (horizontal to vertical ratio), unless
otherwise shown on the Tentative Map.
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MISCELLANEOUS
38. Submit copies of Final Maps, improvement plans and grading plans in a digital fonnat such
as (DXF) graphic file prior to approval of each Final Map. Provide Computer Aided Design
(CAD) copy of the Final Map based on accurate coordinate geometry calculations and submit
the infonnation in accordance with the City Guidelines for Digital Submittal in duplicate on
5-114" HD or 3-112" disks. Submit as-built improvement and grading plans in digital fonnat.
Provide security to guarantee the ultimate submittal of improvements and grading digital files.
Update electronic files after any construction pen and ink changes to the grading or
improvement plans and resubmit to the City.
39. Tie the boundary of the subdivision to the California Coordinate System - Zone VI (1983).
40. In order to provide more usable area, the rear yard of Lot 13 shall be increased by up to
eight feet through the use of retaining walls no higher than four feet in height.
41. In order for consistency with the front yard of Lot 26, and to provide more openness to the
cul-de-sac design, the front yard setback for Lot 23 shall be thirty feet from the front
property line.
42. Submit a comprehensive fencing plan to the Planning Department for review and approval
by the Director of Planning.
43. Submit a comprehensive street tree plan to the Planning Department for review and approval
by the Director of Planning.
44. Submit to the Director of Planning a copy of the proposed CC & R's for the project for
review and approval by the Director of Planning. Said CC & R's shall include a)prohibition
of external television antennas; b) prohibition against garage conversions and c) require a
gate be installed for any fence constructed at the top of slope in the rear of Lots 1-3 in order
to provide access to the rear of the property.
45. Obtain for submittal to the City, from all corresponding school districts, a "will serve" letter
or make other arrangements approved by the school districts.
46. Comply with all mitigation measures as outlined in the mitigation monitoring program issued
for Negative Declaration prepared for IS 98-23, incorporated herein by reference.
47. Submit site plan and architectural elevations of the proposed single family dwelling units to
the Planning Department for review and approval to ensure the product will conform to all
the required development standards and be architecturally compatible with the surrounding
development.
48. Pay applicable park fees per PDO (Park Dedication Ordinance)
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49. The property owner shall notify the City at least 60 days prior to consideration of the Final
Map by City if offsite right of way cannot be obtained as required by the Conditions of
Approval. (Only offsite right of way or easements affected by Section 66462.5 of the
Subdivision Map Act are covered by this condition).
After said notification, the owner shall:
a. Pay the full cost of acquiring offsite right of way or easements required by the
Conditions of Approval of the Tentative Map.
b. Deposit with the City the estimated cost of acquiring said right of way or easements.
Said estimate to be approved by the City Engineer.
c. Have all easement and/or right of way documents and plats prepared and appraisals
complete which are necessary to commence condemnation proceedings.
d. If the developer so requests, the City may use its powers to acquire right of way,
easements or licenses needed for offsite improvements or work related to the tentative
map. The developers shall pay all costs, both direct and indirect incurred in said
acquisition.
The requirements of a, b and c above shall be accomplished prior to approval of the Final
Map.
All offsite requirements which fall under the purview of Section 66462.5 of the State
Subdivision Map Act will be waived if the City does not comply with the 120 day time
limitation specified in that section of the Act.
CODE REOUIREMENTS TO BE INCLUDED AS CONDITIONS OF APPROVAL:
Chula Vista Municipal Code requirements to be included as Conditions of Approval:
50. Comply with all applicable sections of the Chula Vista Municipal Code. Preparation of the
Final Map and all plans shall be in accordance with the provisions of the Subdivision Map
Act and the City of Chula Vista Subdivision Ordinance and Subdivision Manual.
51. All utilities serving the subject subdivision and existing utilities located within or adjacent to
the subdivision shall be underground in accordance with City Code requirements. Further,
all new utilities serving the subdivision shall be underground prior to the issuance of Building
Permits.
52. Pay the following fees in accordance with the City Code and Council Policy:
a. The Transportation and Public Facilities Development Impact Fees.
b. Signal Participation Fees.
c. All applicable sewer fees, including but not limited to sewer connection fees.
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d. SR-125 impact fee.
e. Telegraph Canyon Drainage Basin Fee (Prior to the approval of the Final Map).
f. Telegraph Canyon Sewer Basin Fee.
53. The developer shall comply with all relevant Federal, State, and Local regulations, including
the Clean Water Act. The developer shall be responsible for providing all required testing
and documentation to demonstration said compliance as required by the City Engineer.
VI. CONSEQUENCE OF FAILURE OF CONDITIONS
If any of the foregoing conditions fail to occur, or if they are, by their terms, to be
implemented and maintained over time, if any of such conditions fail to be implemented and
maintained according to their terms, the City shall have the right to revoke or modify all
approvals herein granted, deny, or further condition issuance of all future building permits,
deny, revoke, or further condition all certificates of occupancy issued under the authority of
approvals herein granted, institute and prosecute litigation to compel their compliance with
said conditions or seek damages for their violation. No vested rights are gained by Developer
or a successor in interest by the City's approval of this Resolution.
VII. INVALIDITY; AUTOMATIC REVOCATION
It is the intention of the City Council that its adoption of this Resolution is dependent upon
the enforceability of each and every term, provision and condition herein stated; and that in
the event that nay one or more terms, provisions, or conditions are determined by a Court
of competent jurisdiction to be invalid, illegal or unenforceable, this resolution shall be
deemed to be automatically revoked and of no further force and effect äb..ln!!iQ..
11
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Presented by Approved as to form by
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Robert Leiter John M. Kaheny
Director of Planning City Attorney
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RESOLUTION NO. /9(lIS
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
APPROVING AN AMENDMENT TO THE RANCHERO SECTIONAL PLANNING
AREA (SPA) PLAN IN ORDER TO CHANGE THE DEVELOPMENT STANDARDS
APPLICABLE TO SINGLE FAMILY DETACHED RESIDENTIAL LOTS FOR LOTS
1 THRU 28 AS SHOWN ON TRACT MAP PCS 98-07.
I. RECITALS
A. Project Site
WHEREAS, the properties which are the subject matter of this Resolution are
diagrammatically represented in Exhibit A and B, ("Project Site")
B. Project; Application for Discretionary Approval
WHEREAS, on March 16, 1998, Western Pacific Housing ("Applicant") filed an
application for an amendment to the Ranchero Specific Planning Area (SPA) Plan; and
WHEREAS, the proposed amendment to the SPA Plan consists of changes to the
development standards applicable to single family detached lots; and
C. Prior Discretionary Approvals
WHEREAS, on August IS, 1978, the City Council approved Ordinance No. 1824
adopting a Specific Plan/General Development Plan for the PC zone of EI Rancho del Rey;
and
WHEREAS, on May 27, 1980, the City Council approved Resolution 10102 approving
the development plan for the Ranchero Sectional Planning Area of the EI Rancho del Rey
Specific Plan; and
D. Planning Commission Record on Application
WHEREAS, the Planning Commission held an advertised public hearing on said
Project on May 6, 1998 and voted 4-0-3 to recommend that the City Council approve the
Project, based upon the findings listed below; and,
E. City Council Record of Application
WHEREAS, a duly called and noticed public hearing was held before the City Council
of the City of Chula Vista on May 26, 1998 on the Project, received the recommendations of
the Planning Commission, and heard public testimony with regard to the same.
II. PLANNING COMMISSION RECORD
The proceedings and all evidence introduced before the Planning Commission at their public hearing
on this project held on May 6, 1998, and the minutes and resolutions resulting therefrom, are hereby
incorporated into the record on this proceeding. /18 -/
III. CERTIFICATION OF COMPLIANCE WITH CEQA
In accordance with the requirements of CEQA, the Environmental Review Coordinator has
determined that the Project required the preparation of an Initial Study and a Habitat Conservation
Plan, such initial study (IS 98-23) was prepared, and based on such study a Mitigated Negative
Declaration was prepared and circulated for public review; and
IV. SPA FINDINGS
A. THE SECTIONAL PLANNING AREA PLAN AS AMENDED IS IN CONFORMITY
WITH THE EL RANCHO DEL REY SPECIFIC PLAN.
The reduction of minimum lot sizes proposed under this SPA amendment will allow for
transitioning of lots sizes in order to achieve greater compatibility with existing surrounding
residential development. In addition, the EI Rancho del Rey Specific Plan does not specify
actual development standards, other than calling out specific density ranges.
B. THE RANCHERO SECTIONAL PLANNING AREA PLAN, AS AMENDED, WILL
PROMOTE THE SEQUENTIALIZED DEVEWPMENT OF THE INVOLVED
SECTIONAL PLANNING AREA.
The proposed amendment to the development standards applicable to TSM 98-07 will allow
for the transitioning of lot sizes in order to achieve compatibility with the existing
surrounding residential development. There are existing lots with minimum lot size of 5000
sq. ft. to the west and south and with minimum lot size of 7000 sq. ft. to the east.
C. THE RANCHERO SECTIONAL PLANNING AREA PLAN, AS AMENDED, WILL NOT
ADVERSELY AFFECT ADJACENT LAND USE, RESIDENTIAL ENJOYMENT,
CIRCULATION, OR ENVIRONMENTAL QUALITY.
The proposed amendment to the development standards applicable to TSM 98-07 will allow
for the transitioning of lot sizes in order to achieve compatibility with the existing
surrounding residential development. There are existing lots with minimum lot size of 5000
sq. ft. to the west and south and with minimum lot size of 7000 sq. ft. to the east.
V. COUNCIL DIRECTION
The City Council of the City of Chula Vista hereby directs that the development standards for single
family detached lots within the Ranchero Sectional Planning Area be amended, as shown on Exhibit
"C".
VI. EFFECTIVE DATE OF THIS RESOLUTION
This amendment to the Ranchero Sectional Planning Area Plan shall take effect and be in full force
the thirtieth day from its adoption.
Presented by Approved as to form by
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Robert A. Leiter John M. Kaheny
Director of Planning City Attorney
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EXHIBIT "C"
RANCHERO SECTIONAL PLANNING AREA
DEVELOPMENT STANDARDS
SINGLE F AMIL Y RESIDENTIAL; DETACHED
All lots proposed for detached single family residences shall be governed by the provisions of the
R-I-7 Single Family Residence Zone (Chapter 19.24, Title 19 of the Chula Vista Municipal
Code), except as provided below:
1. Within the Ranchero Sectional Planning Area:
a. A maximum of 70 percent of the total lots may have a minimum lot width
of 50 feet, minimum lot area of 5,000 square feet.
b. A maximum of25 percent of the total lots may have a minimum lot width
of 50 feet, minimum lot area of 6,000 square feet.
c. A minimum of 5 percent of the total lots will have a minimum lot width of
50 feet, minimum lot area of 7,000 square feet.
2. The following yard areas will be maintained along East "]" Street.
a. For lots fronting on that portion of "J" Street having right-of-way width of
50 feet, a minimum front yard of 35 feet.
b. For lots fronting on that portion of"]" Street having a right-of-way width
of 50 feet, a rear yard minimum average of IS feet.
c. For lots siding on that portion of"J" Street having a right-of-way width of
50 feet, a minimum side yard of 20 feet.
3. In addition, lots abutting the side lot lines of lots to be developed for zero lot line
units may have a minimum lot width of 58 feet, minimum lot area of 6,000 square
feet.
4. No Floor Area Ratio (FAR) shall apply to lots contained within the Ranchero
Sectional Planning Area.
/6¿J-.5
RBSOLUTIOII' 11'0. J9¿J/~
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA DECLARING THE INTENT TO INCREASE
THE OPEN SPACE DISTRICT #10 ASSESSMENT ON
SUBDIVISION CHULA VISTA TRACT 98-07, BELLA
NEVONA, AND SETTING THE TIME AND PLACE FOR
THE PUBLIC HEARING
WHEREAS, the City council of the City of Chula Vista,
California, per Council Resolution #10103, has established Open
space District #10, and
WHEREAS, the city Council on October 2, 1984 adopted
Resolution No. 11775, which approved a zero assessment for the
Bennett parcels (A.P.N. 640-050-08, a 2.36 acre parcel, and A.P.N.
640-080-19, a 8.3 acre parcel), and
WHEREAS, a request for a tentative subdivision map with
28 single family detached residences known as the Bella Nevona
Subdivision is being proposed by Western Pacific Housing on a
portion of the original Bennett parcel, and
WHEREAS, these 28 single family residences are subject to
the requirements of proposition 218, due to the increase in
assessment for the Open Space District assessment.
NOW, THEREFORE, BE IT RESOLVED the City Council of the
City of Chula Vista does hereby declare its intent to increase the
Open Space District #10 assessment on the Bella Nevona Subdivision
and hereby sets a Public Hearing for 6:00 P.M. on July 14, 1998 in
the Council Chambers, Public Services Building, 276 Fourth Avenue,
Chula vista to consider the increase in Open Space District #10
assessment.
Presented by Approved as to form by
CL~ -
Robert Leiter, Director of John M. Kaheny, ci~ttorney
Planning
(H: \SHARED\ATTORNEY\RESOBEN. FXR)
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MINUTES OF THE
CITY PLANNING COMMISSION OF
CHULA VISTA, CALIFORNIA
Council Chambers
7:00 p.m. Public Services Building
Wednesday, May 6, 1998 276 Fourth Avenue, Chula Vista
ROll CAlU MOTIONS TO EXCUSE:
Present Chair Davis, Commissioners Willett, Ray, and Thomas
Absent Commissioners Aguilar, Tarantino and O'Neill
Staff Present Ken Lee, Assistant Planning Director
Jeff Steichen, Acting Associate Planner
Frank Rivera, Civil Engineer
Ann Moore, Assistant City Attorney
MSC (RaylWiliett) (4-03) to excuse Commissioners Aguilar, Tarantino, and O'Neill Ray who
made prior notification they would not be able to attend the meeting. Motion carried.
PLEDGE OF ALLEGIANCE/SILENT PRAYER
INTRODUCTORY REMARKS: Read into the record by Chair Davis
APPROVAL OF MINUTES: April 8, 1998
MSC (Willett/Ray) (4-0-3) to approve minutes of April 8, 1998 as presented. Motion carried.
ORAL COMMUNICATIONS: None
1. PUBLIC HEARING: PCS 98-07!PCM 98-33p; Request for a Tentative Subdivision with 28
single family detached units and an amendment to the Ranchero
Sectional Planning Area Plan to allow a reduction in current
development standards for a project located on the south side of East
"')" Street between River Ash Drive and the present terminus of Wild
Oak Drive at Paseo ladera, within the PC Zone.
Background: Jeff Steichen, Acting Associate Planner, reported that the proposal is for a tentative
subdivision map containing 28 single family detached lots that will range in size from 5000 to
7000 sf. The proposal includes extending Wild Oak Road through to East "r Street and also
requests an amendment to the Ranchero Sectional Planning Area Plan regarding minimum
development standards in terms of lot sizes and building setback requirements.
The site consists of 5.25 acres of vacant land located on the south side of East J Street
surrounded by existing single family residences to the west, south, and east
'2-
Planning Commission Minutes -2- May 6, 1998
Two separate public forums were held with area residents in which ~hey voice their concerns
with: lot size compatibility with surrounding development; they oppose the proposal to extend
the stub street on Wild Oak Road to connect as a through street to East J Street; traffic and noise
impacts; and concern with the disruption of the biology on site. Testimony was given stating
that the environmental review process that was conducted by the City and other outside
resource agencies did not adequately address the biological sensitivity of the site. The general
consensus was to oppose the project.
As a result of the concerns raised by residents during the public forums, the applicant
developed an alternative proposal which incorporates a dual cul-de-sac. The SPA Plan requires
that single family detached lots adhere to the R-1-7 development standards and that they
maintain the side yard setbacks of 3 and 10 feet The applicant is requesting to amend this to
allow the transitioning of lot sizes between 5000 and 7000 sf and also requesting to reduce the
side yard setback to 5 and 5 feet In addition, the applicant is requesting that the rear yard
setback be reduced to 15 feet on the lots fronting along EastJ Street These requested changes
in setbacks would only be necessary if the dual cul-de-sac proposal is adopted. Should the
alternative proposal be adopted, it will be necessary to name the cul-de-sac off of East J Street
and the applicant's preferred name is 'Vista Oak Court".
Although residents raised significant concern with the biology of the site, staff does not concur
that this is a significant concern. The site was previously hydro seeded with inland sage scrub
as opposed to coastal sage scrub. During a biological survey, a pair of gnatcatchers were
observed on site. As a result, a low impact Habitat Conservation Plan has been prepare, filed,
and reviewed by the US Fish & Wildlife Service. This resulted in a loss permit being issued
which contains mitigation measures which must be adhered to in developing the site.
Staff Recommendation: That the Planning Commission adopt Reso. PCS 98-û7 and PCM 98-33
recommending the City Council conditionally approve a proposed division of 5.25 acres into
twenty eight single family lots ranging in size from 5000 to 7000 sf and amending the Ranchero
Specific Plan to modify the required development standards affecting single family detached
residential lots.
Public Hearing Opened 7:15
Jesus Rodñguez, 957 Wild Oak Road, Chula Vista stated that the proposed development will
impact the quality of life in their neighborhood because of added traffic, noise and air pollution
impacts, sight hindrance of a view of the bay, and devalue their property, therefore, he strongly
opposes the project and urged the Commission to vote against it.
Norma Jaurequi, 1016 Red Oak Place, Chula Vista expressed concern with the reduction of
the lot size and density of the most recent development and the proposed development, which
has already, and will continue to devalue their property, therefore, strongly opposes the project
and urges the C°':lmission to vote against it
Bob lechner, 1133 Del Rio Ct, Chula Vista, voiced concern with the proposed reduction in
lot sizes and opposes the project.
y
Planning Commission Minutes -3- May 6, 1998
James Lovewell, 1131 Del Rio Ct, Chula Vista, addressed the higher. density with reduction in
lot sizes and sideyard setbacks on the most recent development and how that has impacted the
quality of life for the neighborhood. He urged the Commission to vote against the project, but
also stated that if they could not do that, that they consider at least voting against reduction of
the sideyard setbacks.
Toni Sandoval, 1005 Red Oak Ct., Chula Vista, opposes the project because of adverse
impacts it will have on the neighborhood.
Robert FIsher, 512 Patricia Avenue, Chula Vista, Conservation Scientist for field stations at San
Diego State University addressed the I?iology of the site and disputed findings contained in the
Habitat Conservation Plan [HCP).
Ryan Green, Western Pacific Housing, 2385 Camino Vida Roble #107, Carlsbad stated that
they initially submitted a proposal to develop 29 units, however, after considering the
residents' concerns regarding density and compatibility, they subsequently decided to develop
28 units. In addition, taking into consideration some of the traffic issues that were raised by the
residents, they developed an alternative proposal which proposes dual cul-de-sacs instead of
a through street Therefore, the applicant feels confident they are developing a quality product
that is compatible with the existing neighborhood, and they have been sensitive to the
community's concerns.
Terry Rodriguez, 957 Wild Oak Road, Chula Vista, stated she opposes the project and
expressed concern with the impact that the added traffic will have on East J Street, which is a
designated bicycle path. She also asked if it is possible to rezone the property.
Ryan Green indicated that as part of their conditions of approval, they will be installing a Class
2 bicycle path with signs and will be widening the road on that portion of East J Street that is
currently a temporary easement.
Maria Cunningham, 961 Wild Oak Road, Chula Vista, opposes the project because of noise,
density, and traffic impacts, and the loss of open space.
Public Hearing Closed 7:55
Commission Discussion:
. Chair Davis addressed the question raised about the feasibility of rezoning the property
and stated that the property has had the ability to be developed for many years.
Rezoning the property would deny the owner their right to develop the property and
the only way to keep it as open space would be for the Gty to purchase the property,
in which case, budgetary constraints would preclude this from happening.
. Commissiòner Ray asked if staff had reviewed with the Traffic Engineer the generation
of trips on East J Street and Paseo Ladera under the alternate plan.
Cf
Planning Commission Minutes -4- May 6,1998
Frank Rivera, Civil Engineer, responded that the alternate proposal would double the
traffic on Wild Oak Rd. from approximately 100 trips per day to 200 and would
increase the traffic on Paseo Ladera from approximately 1100 vehicles per day to closer
to 1200 vehicles. The Vista Oak Ct cul-de-sac would generate approximately another
150 trips on East J Street, which currently has a traffic volume of approximately 2500
vehicles per day. The through street proposal would generate more trips on Wild Oak
Rd., but would be comparable on Paseo ladera and East J St
MSC (WiliettlThomas) (4-0-3) that the Planning Commission adopt Resolution PCS 98-07
recommending City Council adopt dual cul-de-sac alternative to divide 5.25 acres into 28 lots
ranging in size from 5000 to 7500 sf and adopt PCM 98-33 recommending the. City Council
amend the Ranchero Specific Plan to modify the required development s1andards affecting
single family detached residential lots for the proposed subdivision. Motion carried.
2. PUBLIC HEARING: PCM 98-10; Request to amend the General Development
Plan, Ste Utilization Plan and land Use Map for Rancho Del
Rey Specific Planning Area (SPA) III in order to change
- designation on subject parcel from CPF to 0S-3 to allow the
primary use of the site to be used for a "for-proflt" day care
- Rancho Del Rey Investors, LP.
BaC~tmd: Jeff Steichen reported that the project site (1.8 acres) is located nort of the
intersection f Paseo Ladera and Paseo Entrada and is a request to c ge the current
Community Pu se Facility (CPF) to Open Space (OS-3). The curren nd use designation is
CPF and at one time, he site was being contemplated for park us ntil it was determined that
it was too small. It was er marketed for a church site until' as determined that it too, was
too small of a site. The a licant now wishes to cha the designation with the intent to
market the site for a day care ility. Staff has co med that there is in excess of 2.2 acres
required CFD within the entire cho Del area, therefore, removing the 1.8 acres is
acceptable and. the proposed land er the 0S-3 are similar in nature in terms of
relatively low impact to the surroundi a.
A public forum held on Marc was only atten by one resident who was concerned with
traffic impacts. It has b determined that if a da care facility is developed on the site,
because of the requir ents for parents to sign in their ildren there would probably be no
parking or stoppi of vehicles along Paseo Ladera and also e to topographical constraints,
no access to s wi 1/ occur the southern boundary off of Paseo trada.
ommendation: That the Planning Commission approve R lution PCM 98-10
r mending Council adopt an ordinance and resolution to change the pu 'c maps and land
use designation to' 0S-3.
....
'f'
RESOLUTION NO. PCS-98-07
RESOLUTION OF THE CITY OF CHULA VISTA PLANNING COMMISSION
RECOMMENDING APPROVAL OF A TENTATIVE SUBDIVISION MAP TO ALLOW
THE SUBDIVISION OF 5.25 GROSS ACRES INTO 28 SINGLE FAMILY LOTS
RANGING IN SIZE FROM 5,000 TO 7,000 SQUARE FEET ON THE SOUTH SIDE OF
EAST "J" STREET BETWEEN RIVER ASH DRIVE AND THE CURRENT
TERMINUS OF WILD OAK ROAD OFF OF PASEO LADERA.
WHEREAS, a duly verified application for a tentative subdivision map was submited December 18,
1997 by Western Pacific Housing; and,
WHEREAS, said application requests approval to divide a 5.25 gross acre parcel into 28 single family
detached lots; and
WHEREAS, the Environmental Review Coordinator has determined that the proposed project will have
no negative impact and that a Mitigated Negative Declaration (1S-98-23) shall be issued under CEQA;
WHEREAS, the Planning Director set the time and place for a hearing on said tentative subdivision
map 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 and residents within 500 feet
of the exterior boundaries of the property at least 10 days prior to the hearing; and,
WHEREAS, the hearing was held at the time and place as advertised, namely May 6, 1998 at 7:00
p.m. in the Council Chambers, 276 Fourth Avenue, before the Planning Commission and said hearing was
thereafter closed; and
WHEREAS, the Planning Commission considered all reports, evidence, and testimony presented at
the public hearing with respect to subject application.
NOW, THEREFORE, BE IT RESOLVED mAT THE PLANNING COMMISSION does hereby
recommend that the City Council approve Tentative Subdivision Map PCS 98-07 in accordance with the
fIDdings and subject to the conditions contained in the attached City Council Ordinance.
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 6th day of May, 1998, by the following vote, to-wit:
AYES: Davis, Ray, Willett, Thomas
NOES:
ABSTAIN: 0' Neill, Tarantino, Aguilar
Patty Davis, Chair
ATrEST:
~
Diana Vargas, Secretary
m:\homelp1anningljeff\pcresoltsm 98-07
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Jc;..I.A t. - - .', '. ..,
RESOLUTION NO. PCM-98-33
RESOLUTION OF THE CITY OF CHULA VISTA ~G COMMISSION
RECOMMENDING mAT THE CITY COUNCIL ADOPT A RESOLUTION
APPROVING AN AMENDMENT TO THE RANCHERO SECTIONAL PLANNING
AREA (SPA) PLAN IN ORDER TO CHANGE THE DEVELOPMENT STANDARDS
APPLICABLE TO SINGLE F AMll.. Y DETACHED RESIDENTIAL LOTS FOR LOTS
1 THRU 28 AS SHOWN ON TRACT MAP PCS 98-07.
WHEREAS, a duly verified application, PCM 98-33, for a Miscellaneous Amendment was filed with
the Chula Vista Planning Depanment on March 16, 1998 by Western Pacific Housing ("Applicant") and
WHEREAS, said application requested an amendment to the development standards for 5.25 acres
designed for single family detached housing units as single family detached housing as shown on Tract Map
PCS 98-07; and
WHEREAS, said amendment will include a reduction in development standards as outlined in
Attachment "B"; and
WHEREAS, the Planning Director set the time and place for a hearing on said SPA amendment
application and notice of said hearing, together with its pmpose, was given by its publication in a newspaper
of general circulation in the city and its mailing to property owners and residents within an area greater than
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 May 6, 1998 at 7:00
p.m. in the Council Chambers, 276 Fourth Avenue, before the Planning Commission and said hearing was
thereafter closed,
WHEREAS, the Commission has reviewed and recommends adoption of a Mitigated Negative
Declaration for IS 98-a3-.
NOW, THEREFORE, BE IT RESOLVED THAT from the facts presented to the Planning
Commission, the Commission has determined that the amendment to the Ranchero Sectional Planning Area
Plan is consistent with the City of Chula Vista General Plan and that the public necessity, convenience, general
welfare and good zoning practice suppons the amendment,
NOW, THEREFORE, BE IT RESOLVED THAT THE PLANNING COMMISSION recommends that the
City Council adopt a Resolution to amend the development standards for that portion of the Ranchero Specific
Plan described on Exhibit" A".
And that a copy of this resolution be transmitted to the owners of the property and the City Council.
PASSED AND APPROVED BY THE PLANNING COMMISSION OF CHULA VISTA,
CALIFORNIA, this 6th day of May 1998, by the following vote, to-wit:
7
PASSED AND APPROVED BY THE PLANNING COMMISSION OF CHULA VISTA, CAUFORNIA,
this 6th day of May,. 1998, by the following vote, to-wit;
AYES: Davis, Ray, Willett, Thomas
NOES:
ABSENT: O' Neill, Tarantino, Aguilar
Patty Davis, Chajx
ATTEST:
Diana Vargas, Secretary -,
ro: Ihomelplanning\jeff\reso Igat
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ATTACHMENT 3
MINUTES OF A SCHEDULED REGULAR MEETING
Resource Conservation Commission
Chula Vista, California
6:30 p.m. Conference Room #1
Monday, March 30,1998 Public Services Building
CALL MEETING TO ORDERIROLL CALL: The meeting was called to order at 6:44 p.m. by Chair
Yamada. Present: Chair Yamada, Commissioners Bull, Marquez, Burrascano, Fisher and Thomas. City
Staff: Doug Reid, Environmental Review CoordinatOr.
ORAL COMMUNICATIONS: None
AFPROV AL OF MINUTES: MSUC to approved the minutes of December I, 1997 as submitted.
NEW BUSINESS:
Item 3 was taken out of order because the applicant was present.
3. Review of Negative Declaraúon IS-98-25 - Plenums Plus; The Commission discussed the potenúal
acousrical impact of the proposed project and the applicant (Roben Capp) provided input regarding
the equipment to be uúlized in the operation of the facility, the structure and the siting of various
uses within the building.
It was MSUC (Thomas/Bull) that the Negative Declaration be recommended for adoption: vote 6-0-
0-0.
L Review of Negative Declaration IS-98-23 - Bella Nevona: Commissioner Charles Bull excused
himself because of potenúal conflict of interest.
It was moved and seconded to recommend adoption of the Mitigated Negative Declaration subject
to the modtiication of Mitigation Measure #3 to require a 4:lratio of Coastal sage scrub that is
occupied by the California coastal gnatcatcher based on the full acreage of sage scrub on the site
located within or close to the City of Chula Vista because the City of Chula Vista has used its full
allocation of Coastal sage scrub loss. The motion did not cany by the following vote: 3-2-1-0
(membe:rs Marquez and Fisher opposed and Bull abstained).
It was moved and seconded that the Commission not recommend adoption of the Mitigated Negative
Declaration because of insufficient information regarding paleontological, archeological and the
Coastal sage scrub mitigation site. The motion did not cany by the following vote: 3-2-1-0
(membe:rs Yamada and Thomas opposed and Bull abstained).
It was MSC (Marquez/Burrascano) vote 5-0-1-0 (member Bull abstained) that the Mitigated
Negative Declaration not be adopted because of insufficient information regarding paleontological,
archeological resources, insufficient time to review the Habitat Conservation Plan and Biological
repon, insufficient information regarding the location and size of the Coastal sage scrub mitigation
site and because the City of Chula Vista has uúlized its allocation of Coastal sage loss.
Commissioner Bull returned to the meeting.
2. Review of Negative Declaration IS-98-24 - Otay Landfill Buffer Area: It was MSUC
(Bull/Burrascano) vote 6-0-0-0 that the Negative Declaration for the open space alternative be
9
RCC Minutes -2- March 30, 1998
recomm..'"Ilded for adoption and that the industrial and mixed use alternatives not be recommended
for adoption.
It was moved and seconded that the open space alternative be recommended as the preferred option.
The motion failed on a 3-340 vote because oflack of knowledge of resources on the site, the value
of those resources and adjacent land uses.
It was MSC (MarquezlBull) vote 4-0-2-0 (members BurrasCano and Thomas abStained) to approve the
minutes of January 19, 1998 as amended.
h was MSC (Marquez/Bull) vote 4-0-2-0 (members Burrascano and Yamada abStained) to approve the
minutes of February 2, 1998 as amended.
OLD BUSINESS: None.
STAFF COMMENTS:
The Environmental Review CoordinatOr Reid presented photOgraphs of the paleontological resources
recently uncovered in Village One of the Otay Ranch.
CHAIRMAN'S COMMENTS: None.
COMMISSIONER'S COMMENTS:
Commissioner Marquez expressed her thanks to Mary Salas for her letter in the Star-News.
There was discussion regarding the potential for a paleontOlogical museum or display in the City.
h was requested that all letters to the City Council that involve environmental issues be referred to the RCC.
A majority of the Commission expressed their suppon for the South Bay element of the proposed San Diego
Refuge Plan.
It was noted ~ the current vacancy on the RCC has existed for some period of time and that it should be
filled.
ADJOURNMENT: The meeting was adjourned by Chair Yamada at 8;50 p.m.
Respectfully submined,
Douglas D. Reid
Environmental Review Coordinator
(., \JIb 19mocmins9Th<33098f.min)
(Ü
'c-:-
PROJECT 1\A_\Œ: Bella Nev=
PROJECT LOCATION: South sjœ ofE'T' 51. rerw= Paseo Ladera and lliver
Ash Dr., Cnula Vi=., CA. (see 1oc:amnnap)
~""ESSOR'5 PARCEL NO.: 64G-O80-39
PROJECT .APPLICANT: We=rnl'Ji..'ifu: Housing
2385 Canrino Vida Rob~
Carlsbad, CA. 92009
CA.s-:E NO: IS-98-23 DATE: March 25, 1998
A. ProiÞ,", 5::ttÍIIa
Tne ~ sire is 1or;;æd within the Ranciio &:1 Rey P'~ commmrity. There are sIDgle
family ãwelliIJgs 1or;;æd 2djac.."'Jl110 the ~ on the east, south 2I1d west. Tn-'"!"e is
a s;n~iÞ family dwelling located to !he no-,J¡ across E. T' Street on a large lot. Funher
10 !he DOrth are SDG&E 1IaIlSmission lires and the soIl!Ì! leg of R.i:::: Canyon.
Tl1e sre: was previously graded 1U1d hyàro seeded wjfu Don-coasral sage and other plant
:ma!eI:Ïa15. However, -me revegetared s=b prese:nt on the project sire is 5II1I!:tlInIlly similar
to coas¡¡¡}sage which ::nables a pair of coasral Cali:fomia ~"t""'t"'Ìl::r5 to exbJòÏt Typical
ÏoP! ~~ bciJavior.
Becanse me project sire was previously graded there are no culmral or paleontological
resour~ present on the site.
B. Proiect Description
The project would consist of 1hc graàjng of the prop:::rty Ed the IDœTIation of public
Ïmprov=::ms for 1hc d...--velopme:nt of np 10 29 sing1e family dwcllings. The gradjng of
1hc :prop:ny would molve 4,000 cubic yaràs of on-sÏœ t:IIt, 21,000 cubic yards of ffil an d
17,000 CIbic yards of imported fill This would result fu â:maXÍmmn of 4 feet of en! and
a ma:xirrmm of 12 fee! of filL
Stteet5., sewer, år:rinage., water and other public miliIies would also be provided.
The dw--..IfuJg mrits would exceed r:oœ requirements'Ed lire proposed TO be 2 ,200 .:. 2,600
square Ïee1l1!ld.upto35~tfuhcight. Thf:minimnmlors1ze wouldì:e5,oOO sq. ft. and
would=gefrom5,111 to 7,900 sq. ft. -
{( ~~~
,
ATTACHMENT 4 ~~
-
"- attment cnY OF
-environmental ~ section.D-fl JlA VJÇI
C. Companòilitv with Zonmu and Plans
The proposed project conforms to the d...""Il5iry requÏr=ents of the ChnIa Vista General
Plan, th:: E .Rancho del Rey Specific Plan and the Rant:œro Sectional P'..amring Area Plan.
The prqject as proposed will TequÏre .an amendment to the SPA Plan development
staDdards.
D. Idemmcation ofEnvironment2.1 Effects
AD. Imrial 'Study conduL:ted by the City of ChnIa Vista (iru:1nàing -an attached
Environmental Checklist Form) detemñned that "the proposed project will not have a
signiñ=t environmental effect, and the preparation of an Enviromn....'"DIa1 Impact Report
will not œ required. This Mitigated Negative Declannion has been prepared in accordance
with Section 15070 of the State CEQA ,Guidelines.
The following impacts have been d...'"ter1Irined to œ potentially significant 1IIÙess
mitigaæd. A discussion of these potentially signÏficant impacts from the proposed
project follows.
Biological Resources
On S~er 1997, a single pair of coasœl California g¡¡atcatcher was observe d fora"oing
in "the revegetated scrub on-site during a biological survey (RECON 1997). The coastal
California gnatcatcher is listed as threatened by the U.S. Fish and Wildlife Service
(USFWS), and is also considered a species of special concern by the California Department
of Fish and Game (CDFG). The gnatca:tcher is a lJ!Tget species for state Namral
Co=n:nities Conservation Program (NCCP) and local Multiple Species Conservation
Programs (MSCPs).
The applicant has prepared a Habitat Conservation Plan (HCP) and is applying for an
lncidemal take pemri! from "the U.S. FIsh and Wildlife Service (USFWS) pursuant to
Section 10(a)(1)(B) of the Endangered Species Act of 1973, as amended (ESA). The
pennit would authorize the incidemal take of one pair of coastal California gnatc31:chers
in association with "the proposed single family residential development of "the project site.
The H CP proposes biological monitoring and mitigation measures designed to minimize
potential impacts to the gnatcatchers.
T:ne project site has been previously disrmbed and Ievegetated with a mix of both desert
and coasœl Dative species. No coastal sage scrub is found on this site. There are other
'D.ative and -non-Dative plants present but these are not considered to be threatened or
endangered plant species.
2 1'2..
....
SchooJs
Both 1æ Chnla Vista Ele:menIaIy School Disttict.and 1æ Sweetwater UIlion High School
District mdicate that the corresponding schools are ~g at or Dear capacity. The
Chula VISta Elementary School District also states that deveJ~ fees provide for
approXÌlIJJ!1ely twenty-five percent of the facilities coStS to house Il-'"W students. Both
districts recommend that an .alternative financing mechanism., such as participation in or
annexa:rion to a Commmñry Facilities District be considered by the applicant:in order to
mitigare school impacts from the proposed sÏngle fan:rily residential project. The applicant
shall be required to obtain a "Will" serve Jetter from =h of the cOITesponding school
districts.
E. Miti~on Necessarv to Avoid Si!!IlÏficant Effects
Specific project mitigation measures are required to reåuœ potential envllunmentalimpacts
identified in the initial smdy for this project to a level bdow significant.. The mitigation
measures will be ImIde a condition of project approval, as well as TequÏrements of the
attached Mitigation Monitoring Program (Attacbmem ~A ~).
1. A biological monitor shall be present on the project site during all brush clearing
a..'ì.Ïviries. The biologist will coordinate with equÏpment operators and oversee the
use of brush clearing machinery in order to eñe....'"tively eIin:ñnare the chance of
ãÏrect harm to the gnatcatcb.ers present on-site. T.he biologist shall also be availabl e
ro resolve any issues which may arise due to unfureseen cir=ces.
1. BrnshÏng acriviries are to be IDiriared at the soUth end of the project site adjacent
ro existing residential areas. From the southern property boundary, brushing
equipment will work across the project site in a general east-west direction and
!:OIltinne northward :in an attempt to direct the gnatcatchers imo existing IJ!!!IIDÙ
coast;ù sage scrub habitat north of East "J" Stre::t.
3. Off-site mitigation through the purchase of exisñng coast;ù sage scrub habitat shall
be provided by the applicant for llnpacts to the revegetated scrub on the project site.
~o;ation in a 1:1 ratio shall be required for llnpacts to revegeta!ed. scrub resuJring
from project implementation.
4. The project <Jpplicant shall obtain a "Will" serve Jetter from the Chula Vista
Ele:menIaIy School District and the Sweetwater Union High School District prior
to final map approval.
3 r)
E ConsuJtarion
1. Individuals and OTE:anÏzarions
CÏry of Chu1a Vista.: Jeff Steichen. PJ.annmg
Doug Reid, Planning
Majed Al-Ghafry, Engin...~
Samir Nuhaily, Engin=fug
Duane B=l. Planning E
Garry Williams, Planning
Ken Larsen. Director of Building & Housing
Rod Hastie, Fire Dep~
MaryJane Diosdada, CriIru: Prevention
Joe Gamble, Parks & Recreation Dept.
Peggy McCarberg, ACting DeputyCÏry Attorney
Cnula Vista City School Disnic:t: Dr. Lowell Billings
Sw~ater Union High School Disnic:t: Katy Wright
Applicant's Agent: Mark Linman & Ryan Gr=
2. Documents
Cbn1a Vista. General Plan (1989) and EIR (1989)
Tme 19, Chu1a Vista. Municipal Coãe
Habitat Conservation Plan for the co2Stal Gnarcarcber, RECON, (10/29/97)
3. Inirial Studv
T.nis enviroIlII1.'"IJIal detennination is based on the attached JniIiaI Study, any
comments received on the Initial Study and any comments r=ived during the
pnblic review period for this Negative Declaration. The report reflecrs the
independent judgement of the CÏry ofChu1a Vista.. Further information regaràing
the environmental review of this project is available from the Cbn1a Vista. Planning
Department, 276 Fourth Avenue, Chula Vista, CA 91910.
/
("'~--) /'1 .....
'.
Case No. IS-98-23
ENVIRONMENTAL CHECKLIST FORM
1. Name of Proponent: W~ Pacific Housing
2. Lead Agency Name and Address: Ciry of Chula VÏsta
176 Fourth A venne
Cbn1a VÌSta, CA 919~0
3. Address and Phone Nmnber of Proponent: 2385 Camino VIDa Roble
Carlsbad, CA. 92009
(619) 929-1600
4. Name of Proposal: Bella NevoDa
5. Date of Checklist: Mar...h 19, 1998
Polentially
Pou.niJally Significant I.css than
SígnìfJ::anl Unless S"JgDificant No
Im¡2d Mitigated Impact Impact
1. LAND USE AND PBNNING. Would the
praposol:
a) Conflict with general plan designation or 0 0 0 18!
zoning?
b) Conflict with applicable environmental 0 0 0 18!
plans or l)Qlicies adopted by agencies with
jurisdicrion over the project?
c) - Affect agricultural resources or opemions 0 0 0 18!
(e.g., impacts to soils or fannlands, or
impactS from incompatible land uses)?
d) Disrupt or divide the physical arnngement 0 0 0 18!
of an established co=unÏty (including a
low-income or minority co=unÏty))
;\ Pag: No. I
Potentially
Fclnilialiy Significant 1= than
S.gnifJ:2Dl Unless óignificanl liD
impacl Miügat.å Impact Impact
Comments: The proposed project conforms to the Chula V= Gènera1 Plan, the Phumed
Commuciry G=ral Development Plan and the Sectional.AIe:a Plan for !:he site. The site has
h= previom1y graded and the proposed basic 1and use pIan is not incompaIible with adja=t
::riscing resickm:ial uses.
II. POPULATION AND HOUSING. Would
the proposal:
a) Cnmuktively ex=d official regional or 0 0 0 ¡g¡
local population projections?
b) Indnœ substantial growth in an area either 0 0 0 ¡g¡
c£r......crly or indlrecr1y (e.g., through
proj= in an undeveloped area or
=sion of major Ïn:f:rastrncrure)?
c) Dispkœ existing housing, especially 0 0 0 ¡g¡
affordable housing?
Comments: T.h.e proposed proj= has a popularion projection that is in conformance with the
G::nera1 Plan and SANDAG population projections for this area. The proj= is an infill
proj= ==ded by residential d...'"Velopment and does not involve any public facilities that
would induce 2J1Y funher substantial grow-ill. The project site does not involve any exisring
housing -that would be displaced.
ill GEOPHYSICAL Would the proposal result
in or e;;pose people to potEntial impacts
involving:
a) Uns--..ù>le earth conditions or changes in 0 0 0 ¡g¡
geologic substrocrures?
b) Disroptions, disp~, compaction or 0 0 0 ¡g¡
overcovering of me soil?
c) Change in topography or ground surface 0 0 '0 ¡g¡
reli¿ features?
d) The à=ruction, covering or modifi=ion 0 0 0 ¡g¡
of any unique geologic or physical
fearm-es?
e) AIry increase in wind or water erosion of 0 0 0 ¡g¡
soils, either on or off the site?
Ie. ~No.2
Polcnlially
PoiJ:nlially Si¡:nificanl Less than
Sigmiu:anl Un!,., Si"ani!icanl No
imnacl Miligated Impact Imoact
f) c:h:a;,aes in deposition or erosion of beach 0 ,'0 0 ~
sands, or changes in siltation, deposition or
erosion which may modify the channel of
a river or stream or me bed of me ocean or
any bay inlet or Jake?
g) Exposnre of people or property to geologic 0 0 0 ~
h=rds such as earthquakes, landslides,
mud slides, ground failUIe, or similar
h=rds?
Commolrs: T.œ environmema1 Impact Reports fon:b.e Rancho del Rey Specific Plan and for
SPA ill of Rancho del Rey show that the main trace of me La Nacion Ear-..hquake fault, a
p=rially active fault is aboUt 1/2 miles to me west and would not directly nor indirectly
impact me proj= site.. The sire is not currently within a mapped Eanhquake Fault Zone. No
fc.."..her min.,';'!IÌon will be required.
IV. WATER. Would the proposal result in:
a) Changes in absorption rates, drainage 0 0 !81 0
patt=, or the rate and amount of surface
runoff?
b) ExpDsnre of people or property to water 0 0 0 ~
rel=d.hazards .ruch as flooding or tidal
waves?
c) Dis::harge into sur.iace Waters or oilier 0 0 0 ~
alrerarion of surface water quality (e.g.,
temperature, dissolved oxygen or
rorbidity)?
d) ~aes in me amount of surface Water in 0 0 0 ~
anywater body?
e) Chan.,o:es in currents, or the course of 0 0 0 ~
direction of water mov=ents, in eiilier
ma..-:Ïne or fresh w=s?
f) ~ae in the quantity of ground waters, 0 0 0 ~
either through dir= additions or
withàrawals, or through interception of an
aquifer by cuts or =vations?
()
Par- No, 3
Polenlially
Fcl.::æJiy Signilicanl 1= than
S"¡gnffi=l Unless Significanl No
Jmpcl Miligalerl Impact Jmpacl
g) .Abed direction or rate of flow of 0 , '0 0 !81
groundwater?
h) Impacrs to grounàwater quality? 0 0 0 !81
i) Ak:rations to the course or flow offlood 0 0 0 !81 ,
w=?
j) Substantial reducrion in the amOUIlt of 0 0 0 !81
w= otherwise :rvailable for public water
=pplies?
Comments: The engineering division indicates that there is :m e:risring type "R" brow ditch
west of Wlld Oak road. However, this facility is not adequate 10 serve the project and the
a.."';'eloper is proposing tWo type "B" inlets wÏth one cleanom:md the consrructÏon of an 21"
RCP S1:O= cbin to conn= to the existing 21" RCP that is within the existing 20 foot
easement east of River Ash Drive. Additional connectioIlS will be IIJaLk within existing
easementS "to =e adeq= flow. The Engine--..r:ing D~..sion indicate that the propose
improvemen!5 will be adeq= and these will be evaluated one:: in operation. The project site
is not found wñ:hin a flood plain perFEMA maps. The projecr will be required to develop and
implement a Storm water poIlmion plan (SWPP), and to comply with ~ 1420 of the
Chura Vista Municipal Code, relating to management pracri= associated wi-ch construction
activity. A Narional Poilu=! Discharge Elimination SYStem (NPDES) General Permit will
be required for Storm water àischarges associated wÏth consrrucrion activity buse the project
will result in soils disturbane:: of five acres or more and/or is part of a common plan of
à..'"Velopment or sale that results ins soil disturbance of 5 acres or more. No other si"o:nifi=t
impactS to warer resources or drainage are noted. No funher mitigation will be required.
V. AIRQUAIlTY. Would the proposal:
a) VIolate any air quality standard or 0 0 0 !81
CO=Dute to an erisring or projeCted air
quality violation?
b) Expose sensitive receptors to poIlw.:ants? 0 0 0 !81
c) Alrer air movement, moisture, or 0 0 0 !81
temp--..rarure, or cause any change in
climate, either locally or regionally?
d)Cr=e objectionable odors? 0 0 0 !81
IF
Pafe No, 4
Polenlialiy
Fo'"r.lizlly Significant 1= than
5Jg¡>ií=l Unless Significanl No
Impd Miligaled Impact impact
e) Cr= a substantial increase in staIÏonary 0 0 181 0
or non-stationary sources of air emissions
onhe deterioration of ambient air quality?
Comments: Grading and coIlS!:I11ction of the proposed sin~~fami1y resiœntial units would
~orar:ily create dust and emissions associaxed with accivity from coIlS!:I11CtÍon equipment
and vehicles. These shan-term emissions are not considered significant impacts, hówever,
=dard dust co=ol measures would be implemented, including watering exposed soils and
s-u= sweeping. The Average Daily Traffic ~till 1') calculated to be gene.õ!Ied by the proposed
projeCt is estimated 1:0 be 290. Due 1:0 the low number of nips no ~gn¡'¡;,""nt air quality
impacts are cited.. No further miti"o;a.tion w:iII be required.
VI. 1RA..~SPORTATI ONI CIR. CULATI ON.
Would the proposal result in:
a) Increased vehicle trips or traffic 0 0 181 0
congestion?
b) H=ds 1:0 safety from design features D 0 0 !8J
(e.g., sharp curves or dangerous
intersections) or incompatible uses (e.g.,
:farm equipment)?
c) Inaœquate emergency access or access to 0 0 0 !8J
nearby uses?
d) Insufficient parking capacity on-site or off- 0 0 0 !8J
site?
e) H=ds or barriers for pedestrians or 0 0 0 !8J
bicyclisrs?
f) Conflicts with adopted policies supporting 0 0 0 !8J
ali=atÏve transponation (e.g. bus
LurnOUts, bicycle racks)?
g) Rail, waterborne or air traffic impacts? 0 0 0 !8J
h) A "large projeCt" under the Congestion 0 0 0 !8J
Management Program? (An equivalent of
2400 or more average daily vehicle trips or
200 or more peak-hour vehicle trips.)
/1 Pogo No.5
Polenlially
Poleci2lly SIgnificaci l.= than
SJgIÚÍ:::anl Unl= Significant No
impe::l Wiügalerl Impact Impact
Comments: .Based on me proposed use me tmal ADT for tk projE;c:t: is c:a1cu1ated to be 290.
The traffic ~d would not adversely Ímpact -me SnIr=ding primary access roads
mcluding East "J" Street a class II colleCtor, Telegraph Canyon Road a six-lane prime anerial
and East nR" Street a six-lane prime anerial which would all remain a! a Level of Servic~ (
LO.5.) of "cn. A nearby development knOWD. as Sunbow TIis scheduled to widen Telegraph
Canyon road to a six-lane major -arterial before this development takes place. No .adverse
Ímp= 1:0 tr:rlñc or circu1arion are noted for this proposed proj=. No further mi~aacion will
œ required.
VII. BIOLOGICAL RESOURCES. Would the
proposal result in impacts to:
a) Endangered, sensirive species, species of 0 ~ 0 0
con= or species Tha! are candidates for
lisring?
b) LocalIy designat~d species (e.g., heritage 0 0 0 ~
rr=)?
c) Local1y designa!ed natUral co=unitÎes 0 0 0 ~
(e.g, oak for=, coastal habitat, etc.)?
d) Wetland habitat (e.g., marsh, riparian and 0 0 0 ~
vernal pool)?
e) Wildlife dispersal or migration corridors? 0 0 0 ~
f) .Affe::¡ regional habiIaI preservation 0 0 0 ~
planning wons?
26
l'a8eNo.6
Potentially
PoifnliaIiy SigniIicanl l= than
Signií"""l Unless 5"JgIIÍficanl No
impacl MitigaLed Impact Impact
Comments: 'I'hf approximate .five-acre proj= site has been .previously disturbed and
revegeta.ted wñ:h a mn of both desert and scrub :native species. The dominam: plant species are
brittlebrush (Encelia iarinosa), common encelia (E. californica), coast golcknbush (Isocoma
menziesii), and de--..r weed (10= scoparius). Britclebrush is native 'to desert areas. east and
northeast of coastal San Diego County and is not a natural component of :native vegetation in
the coastal area. Approximare1y 50 individual California sagebrush plants are widely s=ered
across me sire. There are other native and non-native plam species present but are not
considered to be threatened or endangered plant species. There is no coastal sage scrub found
on tnls SIte.
On September 1997 (RECON 1997) a sÏngle pair of coastal California gnatcatchers was
observed forngIDg in the revegetaIed scrub on-sΜ during a biological survey. The coastal
California gn:!Tr=rber is lisred as threatened by the USFWS, and is also considered a species of
special con= by the California Depamnent ofFish and Game (CDFG). The gnatcatcher is
a target species for state Narural Communities Conservarion Program (NCCP) ~d local
Multiple Species Conservation Programs (MSCPs).
Tne applicant has prepared a Habitat Conservation Plan (FICP) and is applying for an
inciœntal tah permit from the U.S. .Fish and Wlidlife Service (USFWS) pursuant to SeetÏon
lO(a)(l)(B) of the Endangered species Acr of 1973, as amended (ESA). Tne permit would
aurhorize the incidental take of one pair of coastal California gnatcatchers in association with
the proposed sÏngle family residential development of the projeCt site.
The HCP provides for biological monitoring and mitigation measures designed to minimize
potential impa='tothe gn:n:catchers. A biological monitor would be presem on the projeCt
sice during all brush clearing acrivities. The biologist would work closely with equipment
°p"..raI:ors to =e that no harm comes to the gnax=chers. .AJ1 attempt would be made ÎÍ the
gnoTr:!Tchers are found 'to dir-..ct:1:he gnatcatchers into existing namral coastal sa"øe scrub habitat
north of East T Street. Off-site miti,,<;ation in a 1:1 ratio will be required for 1þe loss of
revegeta:ted scrub resulting from projeCt implementation. The breeding season for the
gn:!TroTrhers =cis from !are February, when the birds begin to pair, through July, with the
~eak nesting p=ñod being mid-March through mid-May. The take permit will addr~ breeding
ISSUe.
VIII. ENERGY AND MINERAL RESOURCES.
Would the propos4:
a) ConfliCt with adopted energy conservation 0 0 0 l1SI
plans?
2j
Pag< No.7
Potentially
Po""'-tially Significant Less than
Si~niÎ,:ant Un!ess Significant No
ImDci Mitigated Impaot Impaol
b) USE non-renewable resour= in.a wasteful 0 .'0 0 [8
and inefficient =er?
c) Jf~ me is desig=ed for mineral 1] 0 0 [8
resource protecrioIl, will this projeCt
ÌIDpacnhis protection?
Comments: No evidence h25 been provided that indicates that the projeCt will use non-
reIl.."Wable resources in a w2Steful and inefficient ma=er. No impaCts to non-renewable
resources are noted..
IX. HAZA1\DS. Would the proposal involve:
a) A risk of accidenLa1 explosion or release of 0 0 0 [8
hazardous subsrances (including, bur not
1.imñ:ed to: petroleum products, pesricicks,
chemicals or radiarion)?
b) Possible interference with.an emergency 0 0 0 [8
response plan or emergency evacuation
plan?
c) The creation of any health hazard or 0 0 0 [8
porem:ial health hazard?
d) Exposure of people to existing sources of 0 0 0 [8
potential health hazards?
e) In=ased fire hazard in areas with 0 0 0 [8
f!.ammable brush, grass, or "trees?
Comments: The project proposes residential development and would nOt pOSE a health hazard
"to humans nor would hazardous materials or substances be Stored on site. Therefore, there
cannot be .a risk of an explosion or release of hazardous substan= in the ev= of an accident
or umorseen n:ttnx:al occurrence. No adverse impacts are noted...
X. NOISE. Would the proposal result in:
a) Increases in erist:ìng noise levels? 0 0 [8 0
b) Exposure of people to severe noise levels? IJ 0 0 [8
¿¿
!'ago No.8
Potentially
Po~tiz1ly Si~niÏlt:anl 1= than
SígniÎl=l Unless Sígnifit:anl No
¡;¡pa:! Miti~aled Impact impacl
Comments: Temporary consttuc:rion noise would occur an:he proj= site, however, the
short w:m n=e of the noise and the daytime hours assoc:i=d with'the co=:ructÎon activity
render the po=ña1 Doise factor to less than Signi:ficant.
XL PUBliC SERVICES. Would thepraposol
have 1m effect upon, or result in a need for n=
or altered government serui.ces in arry of the
following areas:
a) - F= prorec:rion? 0 0 ¡g¡ 0
b) p~ protec:rion? 0 0 ¡g¡ 0
c) Schools? 0 ¡g¡ 0 0
d) :M~m-...,,~nce of public facilities, including 0 0 ¡g¡ 0
roads?
e) Orl:= gove..."ìI.ID.emal services? 0 0 ¡g¡ 0
Comments: Tne fire clep= indicates that they will be able to provide adequate level of
fire protection fur the proposed project without an increase in equipment or perso=el. The
po1iœ clep= indicates th.ar its response time for priority 1 & 2 calls is slightly below the
service threshold standard. However, the police deparrment does not indicate that it will
reqnire aD. Ïn=e in personnel or equipment to provide an adequate level of service for the
proposed proje::!. The Chula VISta Elementary School District and SWeeëWater Union High
School Distriü: have expressed their desire for the proposed d.."'Velopment to form pan of each
of their Conmmnity Facilities District. The applicant will need to obtain,a "Will" serve letter
from each of ~ mentioned districts prior to :final map approval No other adverse impacts
are noted. No further mitigarion will be required.. -
0 0 0 ¡g¡
XII. Thresholds. Will the proposol advr=ely impact
the City's Threshold Standards?
& described below, ~ proposed project does not adve..."5ely impact any of the seen
Threshold Standards.
a) FireIELMS 0 Ð ¡g¡ 0
63 Pag: No, 9
Potentially
Po~iy Significant Less than
S¡gnifi=l Uni= Signilicanl 0'
impa:l Miügalerl Impact jmpacl
T.œ Threshold Standards requires that fue and medical units must: be able to
respond to calls within 7 minutes or less in 85% of me èases and within 5 minmes
or bs in 75 % of me cases. The City of Chula V = Fire DepartI:l:1eJlt .indicates that
the == :fire station is 4 miles away and that -this rllreshold Standard will be met.
T.œ proposed project will comply with 1:b.is Threshold Standard.
Comments: The Fire Depar=ent states that it can adequarely provide :fire service to me ~
project sÌte with me proposed development
b) Police 0 0 0 ¡g¡
T.œ Threshold Standards require that police units must respond to 84% of Priority
1 c:aIls within 7 .mÌnmes or less and maintain an average response rime to all Priority
1 c:aIls of 4.5 minmesDrb. P:iliœ 1!!ills.musrrespon.:ho.62.1Ð% of Priority 2 calls
within 7 minmes or less and maintain an average response rime to all Priority 2 calls
of ï .mÌnmes or less. The Police Depar=ent response rime for both Priority 1 and
Priority 2 calls within me vicinity of the proposed project slightly exceed these
TlJI"..shold Standards.
Comments: The police Depanment indicates that adequare service can be provided to the
project site. Crime prevention personnel are 2vaikble to 2SSÌst me Proj= Manager with
!"'"..!:ommend:u:îons and inpm regarding this project.
c) Tn:£fic 0 0 ¡g¡ 0
The Threshold Standards require that all intersections must: °p"~e at a Level of
Se.-vice (LOS) "C" or better, with the exception tÌla1: Level of Service (LOS) "D"
may occur during-the peak two hours ohhe day at sì"onalized Ïnr=ections.
~eccions west ofl-805 .are IlOt to operate.at aLaS below their 1987 LOS.
No Ìmersection may reach LOS "E" or "F° during the 2verage weekday peak
hom.Intersections of arterials with freeway ramps are exempted from this
Standard. This Tnreshold Standard does not apply to me proposed project.
Comments: No adverse impacts to traffic! circulation are noted from proj= approval.
d) Pa..-:kslRecreation 0 0 ¡g¡ 0
The Threshold Standard for Parks and Recreation is 3 acres/1,OOO population.
This Threshold Standard does apply to the proposed project.
2.Y
Pag. No. 10
PolenliaUy
FDt.!¡üaJly SígniÍlcanl ie;s lhan
S"¡gDÍÏ=1 Unlcs:; Significant No
illJDa:! Mitigale!l Impact imDact
Comments: The project.is subject 1:0 Parks and Recreation Tmesheld requirements. The
applicant will DOt be required to dedicate park l:md but will be required"tO pay park in-lieu
:f= as established by the City of Chula VlSta.. No adverse Ïmpactsto parks or recreational
oppommities are Doted.. No funher mitigation will be required.
e) Drainage D D 181 D
T.œ Threshold Standards require that sto= wa= flows and volumes
DOt a=d City Engineering Standards. Individml projects will provide
:n=:ry improvements consisrem with the D~o;e Master P1an(s)
and City EDgine::ñng- Standards. The proposed project does comply
with this Threshold Standard..
Comments: Tne Engineering Department indicates that the project proponent's proposed
ÍnJproveme= to existing off-siœ drainage :facilicies appear to be adequate to se.!"Ve the proposed
project. These proposed Ïmprov=ents will be evaluated by the City eI1gÍneering division
once in place for full clfecrÍveness. No funher mitigation will be required..
e) Sewer D 0 ~ D
The Threshold Standards require that sewage flows and volumes not
ex=d City Engin=i.ng Standards. Individual projects will provide
n=ary improv=ents consistent with Sewer M2ster Plan(s) and City
Engineø..ring Standards. The proj= will comply with this Threshold
SroT>";o~d..
Comments: T~ project proponent proposes to install an 8" pvc sewer line in Wild Oak Road
to flow wesredy in an easement that will conn= to an e:x:isting 8" pvc sewer Iine in River Ash
Drive which flows in the southerly direction to Blackwood.. The Engineering Division
inàicates that the proposed improvements to the erisring sewer facilities appear adequate to
serve the proposed project bUt, .these will be evaluated in the future for proper perfo=ance.
No significant adverse impacts to sewers are noted.. No funher mitigation will be required-
£) w= D 0 D ~
2'\
Pag< No. II
Potentially
Fo~iy Significant Less than
SJg1Jii=l Unless SIgnificant No
inmz::: Mitigated Impact impacl
TM Threshold Standards require that a.dequ:u:e ~ !rea==, and transmission
facilities are co=ed concurrently with pJ.anzœd growth and that water quality
standards are not jeopardized during groWth and construction. The proposed
proj= does comply with this T.hresnold Srandani
;:
Comments: The project proponent will neø..d to obtain a "Will" serve l=er from the
CD::Tesponding waxer purveyor for this area. No aàverse impactS to water quality are noted
from project approval. No funher miri.,aation will be required.
XIII. UTIIlTlES AND SERVICE SYSTEMS.
Would the proposal Tesult in a need foT new
systems, or substanti41 alterations to the
following util.i.ries:
a) Power or natural gzs? IJ 0 0 !8J
b) Co=unic:ations sysœms? IJ 0 0 !8J
c) Local or regional water trea=ent or IJ 0 0 !8J
distribution facilities?
d) Sewer or septic "tanks? IJ 0 !8J IJ
e) Sto= water drainage? IJ 0 !8J IJ
f) Solid waste disposal? IJ 0 !8J 0
Comments: Please see disCJISSÍon under Sec:cion XII Thresholds above for dnûnage, sewer and
Water. The Fn~..mng dmsion calculates the proj= will generate aboUt 717 J5 Ibs. of solid
was-..e per day- This represents a less than signifi= impact on solid waste disposal services.
No impacts to power or communication systems are anticipa:ted from approval of this project.
No further mÎ1:Î.,aation will be required. .
XIV. AES1BETICS. Would the proposal:
2-(0
Page No. 12
Polonlialij'
Po~œJJy Significant 1= than
SígniÍl"'nl Un!"", SignifÜ:ant No
j",~ Ifiügalod impad Impad
a) Ob= any s=ic vista or view oJ>f:D. 1:0 0 .0 0 !81
ilie public or will the proposal result .in the
c:re:ttion of an =rhericaI1y offensive sire
OJ>f:D. to public vÏ..øw?
b) Cause the destruaion or modifi=ion of a 0 0 0 g¡
s=ic rome?
c) Hrve a demon=ble negative aesrh~c 0 0 0 g¡
efh.'"r?
d) Cr=e added light or glare sources tha:r 0 0 0 g¡
could increase ilie level of sky glowin an
area or cause this projec:r 1:0 fail 1:0 comply
with Section 19.66.100 of the Chula VlS".:a
Mnnicipal Code, True 19?
e) Reduce an additional amount of spill light? 0 0 0 g¡
Comments: Tne proposal repres= a relativeJy small infill residential projecr.. Surrounding
land uses on three sides are sÏngle family residemial. It is amicipated tha:r the projec:r will
complement adj=t surrounding residential cL'"Velopment. No adverse impac:rs to aesthetics
or lighting are noted. The engine~g division indicates tha:r the installation of Street lighrs
will be requirø..d along East T Str= as well as within the projec:r site. No further miti,,';1ltÎon
will be requird.
XV. CULTUR..li RESOlJ"RCES. Would the
proposol:
a) Will the proposal result in the alteration of 0 0 0 g¡
or ilie destrucrion or a prehistoric or
historic archaeological site?
b) Will the proposal result in advene physical 0 0 0 g¡
or =thetÎc eff= to a prehistoric or
historic building, snur:ture or objec:r?
c) Does the proposal have the potential to 0 0 0 g¡
cause a physical change which would affec:r
unique ethnic c:ulrural values?
d) Will ilie proposal restric:r existing religious 0 0 0 g¡
or =ed uses within the potential impact
are2?
L7
Po¡. No. 13
Polentially
Potentially Significant Less than
Significant Unless Significanl Ne
imœ:;[ Mitigated impact impact
e) 1s~ areaidenrified on the City's General 0 '0 0 ~
Plan EIR as an area of.high potential for
archeological resour=?
Comments: The project s͜ has be"'..n previously dist:urb--...d and reveg=d. The adjacent
properties are fully deve1op--d with single family residential housing. No adverse impacts to
ccltural resomœs are noted.
XVI. PALEOÌ'<l'OLOGICAL RESOURCES. 0 0 0 ~
Will r:œ piaposal result in the altEration of or the
tl.est:ructi= ofpalecmtologi.cal resoUTces?
Comments: No paleontological resources have Ì>e"'..n idenrified on or near the project,
which is lo=d in a fully d.."Ve1oped urban sening.
XVII. RECRE..-\TION. Would the praposal:
a) Incr=e the demand for Jleighbarhood or 0 0 ¡g 0
regional parks or other recreational
faciliries?
b) ~ct erisringrecreational oppormnities? 0 0 ~ 0
c) hrdere with recreaIÌon parks & 0 0 0 ~
recrø..ation plans or programs?
Comments: Tne project is subject to Parks and Recreation Threshold requirementS. The
applicant will not be required to dedicate park land but will be required to pay park in-lieu fees
as established by the City of Chula V.ista. No adverse impacts 1:0 parks or recreational
oppommiries are noted. No further miri"c;arion will be re~ed..
XVIII. MANDATORY FINDINGS OF
SI GNlFI CAN CE:
2%
J>.g< No. 14
Polcnliali)'
Pol<nüa 1y Significani 1= than
SigniflC2J1i Unless Signjllcanl No
impad MiLigalcrl impacl ImDacl
a) Do:s the project have the potential to D ,~ 0 0
degrade the quality of the enmonmem,
suhsr.aIn:ially reduœ the habitat of a fish or
w1ldli:fe species, =se a fish or wildlife
population to drop below se1f-SUStaÎnÏng
levcls, threaten to elimi=e a plant or .~
an1ma1 commUDÌty, reduce the number or
restrict the range of a rare or endangered
plant or animal or eliminate imponam
examples of the major peñods or
California history or prehistory?
Comments: The project sÎœ is in a fully cLøvelo!",..d urban serring, The project site has be<'-Il
completely àismrbed by h=an acrivity. There are no s=itÏve plant species on site,
However, a pair of coastal Ca1ÏÍomÏa gn=c:hers listed as thr=ened by the USFWS has been
observed on the sΜ. A Habitat Conservarion Plan has b= prepared in order to obtain a
s=Ïon 1 D(a)(l)(B) federal permit for the incidental take of th~e species. Please see discussion
above under s=Ïon VII, Biological Resourc~.
b) Do:s the project have the potential to 0 0 0 g¡
achi..'"Ve shorr-term, to the ciisadvantage of
long-term, environmental goals?
Comments: The project does not have the potenrial to achieve shorr t= environmental goals
to the disadvamage of long-= goals. The project represents a small in-fill project proposing
to provide housing for the local and regional area.
c) Does the project have impacts that are 0 0 0 g¡
individually 1imiœd, but cumulatively
considerable? (n CUIInJ1arively
considerable' means that the incremental
. effeas of a project are considerable when
viewed in connection with the effects of
past projeas, the effecrs of other =ent
projeas, and the effeC!S of probable future
projeas.)
Comments: The project does not have any impaCtS thar are individually limited, but
cumulatively considerable. Project approval will result in the d..øvelopment of an existing five
ac:revacant SÍtetO meet the area's housing needs.
2-1
Page No. 15
Polcnlialiy
Polcnlial/y Si~njij"'ol Less than
Õ,,¡Ür:::zn' Un/"", Significanl No
imp<:l Miligalerl impact Impact
d) D= the proj= have envÏronment:ù effect 0 '0 0 I2I
which will cause substanrial adverse effects
on human beings, either directly or
indirectly?
Comments: The analysis contained in the Initial Study found no eviden.œ indicating the .~
project will cmse substantial adverse effects on human beings, either directly or indirectly.
XIX. PROJECT REVISIONS OR MITIGATION MEASURES:
'The following project revisioIlS or mitigation m=res have been incorporared into the project
and will be implemented dmingthe design, construction or op'"..ration of the projeCt:
1. A biological monitor shall be presenr on the project sire during all brush clearing accivities.
The biologist will coordinate with equipment op=ors and overs~ the use of brush
clearing machinery in order 1:0 effectively eliminare the chance of cfuect harm to the
gnat=chers present on-sire.. The biologist shall also be available ro resolve any issues
which =y arise due 1:0 unforse-.:.n circumstances.
2. Brushœg æcivities are 1:0 be initiared at the soUth end of the project sÍ1:e
adjac= 1:0 existing residential areas. From the som:he..rn property boundarY, brushing
equip=will work across the proj= sire in a general =-west dire...'1:Íon and continue
northward in an attempr to cfuect the gnar=chers imo existing natural coastal sage scrub
habitat north of East "]" Street.
3. Off-sire miri"o:ation through the purch2Se of existing coasr.al sage scrub habitat shall be
provided by the applicanr for impacts ro the reveg=ed scrub on me project sire.
Miti.,<;añon in a 1:1 ratio shall be required for impacts to revegetated scrub resulting from
project implementatíon.
4. The applicant shall obtain a "Will" serve letter from the Chula Vista Elementary School
Distria and me SweetWater Union High School District prior to final map approval
Da:re
::So
Page No. 16
xx. ENVIRONMENT.A.I. FACTORS POTENTIAllY AFFECTED:
T n.e enviro=tal k:tors checked below would be potentially affected by this project, involving
ar 1= one impact that is a "Potenrially Sigrñ:ficant Impact" Dr 'J'otentially Significant Unless
~o:ared, " as IDdicated by the check1ist on the following pages. .
0 Land Use and 0 T ransponarÏonl Circnla.tion 0 Public Services
Planning
0 Population and ~ Biologica1 ~oUrces 0 U~ and Servìœ
Housing Systems
0 Geophysica1 0 Energy and Mlneral 0 Aesthetics
Resources
0 Water 0 Hazards 0 Culmral Resources
0 Air Qu:ili..-y 0 Noise 0 Recr~on
0 MandatOry Findings of Sigrñ:ficance
XXI. DETERMINATION:
On the basis of this initial evaluation:
I find that the proposed project COULD NOT have a si~;'¡:;cant effect on the 0
f:IlVÍronment, and a NEGATIVE DECU\R.-\TION will be prepared.
I find that although the proposed project could have a signi:iicant effect on the ~
errvironment, mere will not be a significant effect in this case b=e the mitigarion
m=ures described on an anac:hed sheet have been added to me proje[¡. A
MITIGATED NEGATIVE DECLARATION will be prepared.
I find that the proposed project MAY have a significant effect on the environment, 0
and an ENVIRONMENT.AI. IMPACT 1ŒPO R T is required.
3/
~No.17
I find mat the proposed projea MAY have a sign.i:£ic¡m effea(s) on me 0
~vironment, but at 1= one effea: 1) ks be~ adeqUately :malyzed in an earlier
document pursuant to applicable legal standards, and 2) ks beø.:.n addressed by
miñgation xneasnres based on the earlier :malysis as described on a=ched shets, if
the effea: is a .potentially signilicant impaas" or "potemiaI1y significant =less
mÏti"aated." An:ENVIRONMENTALIM:PACTREPORTisrequired, bmÍtmust
:malyze only the effeCtS that remain to be addressed.
I find that although me proposed projea could have a significant effeCt on the 0
envll-onmem, there. WIll NOT be a sÏ!7'ifi""Ut effea in this case because all
potentiilly significant effects (a) have beø..n analyzed adequacly in = earlier EIR
pn.-sua.nt to applicable Standards and (b) have b= avoided or mitigated p==t
to that earlier ErR., inc1u~ revisions ormÏti"aatÏon measn:res chat are imposed
upon me proposed projea.luJ. addendum hs b= prepared "to provide a record of
this determination.
Q~ f(RJ 3//'1 /~g
:¡f~oI!.lií'"eht:Ù Review CooràinatOr Date I
Ci..y of Q{ula vÏSta
32
!'ago No. 18
ATTACHMENT "A"
Mirigation Monitoring Program
15-98-23
TlIÍs :Mitigation Monitoring Program is prepared for the Bella Nevona single-family residential
subdivision proposed along the south side of E. T Street between Paseo l.adera and River Ash
Drive in -the CÏty of Chùla V:ista. The legislation requires public agencies "to ensure that: adequare
mÏr.i"oatÎon mezsnres are Ïmpl=ented and monitored on Miri"c;ated Negative Declarations, such
as I5-98-23.
AB 3180 reqniresmonitoring of potentially signÏficant and! or significant ezrvJronmemal.Ïmpacts.
T.k miri"o:arion monitoring program for -this projeCt ensures adequate .implementation of
miri"c;ation for !he following potential Ïmp=: Biological Resources and Schools.
Dœ to the =me ohhe environmental issues idl'TTTifipd, -the Mm"c;ation Comp1iance Coordinator
(MCC), shall œ !he Environmental Review Coordinator (ERe) for -the City of Chula V:ista. It
shall be the responsibility of the applicant to ensure that: the conditions of the Mi~oatÎon
Monitoring P:rogram are met to the satÏsfaccion of the ERe. Evidence in written form
confuming compliance with the mitigation measures specified in Mitigated Negative Declararion
No. I5-98-23 shall be provided by -the biological monitor and applicant as identÎÍÌed in the
ana::hed Mi~oatÎon Monitoring and Reporring Checklist, to the ERC as sripulated by each
mi~c;ation measure. The ERC will thus provide the ultÌrI1= verification !hat the mi~oatÎon
measuresh~ebeenacrompfuheQ
33
MITlGATIONMONITORmG A.."ND REPORTING CHECKLIST
PROJECT NAME: Bèlla Nevona subdivision
JNITIAL STh""DYNO: 98-23
lssue Area
Biological
Ymigarion M=re #1
"A biological moMor shall be presenT on me proj= sire during al brush clearing
acriviries. The biologist will coordinate with equipmenT oP=OI"s and ov=ee the use of brush
clearing =c:hÏI=y in order to effectively eliminate the chance of direct harm to the g=catchers
pr= on-site. The biologist shall also be avai1able to resolve any issues which may arise due to
unforeseen circumstances. ~
Mitigation M=re #2
"Brushing activities are to be initiated at the south end of the proj= site adjacent to
erisring residemi.al areas. From the southern property boundary, brushing equipment will work
across theproj= site in a general east-west direction and continue northward in an atTempt to
dir= the g:n~Tr=C"bers intO e:risting natUral coastal sage scrob habitat north of East "J" Street. ~
MíIÏ~tion M=e #3
4Off-SÌte mitigation through the purchase of existing coastal sage sc::rub habitat shall be
provided by the applicant for impactS to the reveg=ed scrub on me projea: site. Mitigario;r: in
a 1:1 ratio shall be reqcired for impactS to revegetated scrub resulting from proj=
implementation. ~
Full compliance with these II1Ïri.,~on measures will reduce potential project impactS to biological
resources to less than significant. No additional mitigation is necessary at this time.
Project Phase Implementation !Project Design: Construction: PoSt Construction)
During-the consrructÏon phase.
R~onsible A~cv Ges)
City Planning Department 3'/
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CHU1A VISTA PLANNING DEPARTMENT
Lé!)R PRD.E::T W!SI!m Far:iñ:: Housinc PI!aJEcT D-::&:RI?nDN:
APPL!::I\N!: - INITIAL STUDY,
j)
PRD.E::T East -.I" SIræt ñeqœst: Prc¡jasaJÍDr a ïent!tive Suixivision Map wiIi129 singleiamiiy "
ADDfSs: rleta::hed !ÍW!!in¡!s UI1Ìi!; and assc::æd graàing and puiJÐ:: in;mvements. ,
St:AU:: No S:aIe 1 FE NU~8-23
NORTH
h:1hDme~\ærlD;:\In=;;"'CR"" ...... ,,~, ,,"
1HE ClTI: JF CHULA VISTA DISa.OSURE srATI:.MENT
You are required to file a Stitement of Disclosure of certain ownership or financial interests, payments, or campaign
rontn"butiollS, on all matters which will require discretionary action on tbe pan of the City Connål, Planning Commission, and
all other official bodies. The following information must be disclosed: .
1. List the names of all persons baving a financial interest in the property which is tbe subject of the application or tb~
rontraCt, e.g., owner, applicant, contraCtor, subcontractor, material supplier. .
L""", !J,u.S"'¡ ~ ^' db... iJ""""-,, ~ I He /.br;, ~cr
~~.-lS: It=: ~ ~£.,.,--
2. If any person" identified pursuant to (1) above is a rorporation or pannership, list tbe names of all individuals owning
more ~n 10% ~e rorporation or owning any partnership interest in the pannership.
~ ßc¡e~oQ .
3. If any person" identified pursuant to (1) above is non-profit organization or a trust, list the names of any person
serving as director of the non-profit organization or as trustee or beneficiary or trustor of the trust.
N/A
I
:
4. Have you bad more tban S250 wonb of business transacted witb any member of the City staff, Boards, Commissions,
Commiuees, and Council within the pastlWelve months? Yes- Nox.. If yes, please indicate person(s):-
5. Please identify eacb and every person, including a6y agents, employees, consultints, or independent contractors wbo
you have assigned to fPresent you before the City in this mauer.
5c.c:rr C. 6""""C>7T12ø"'l. WE~;re~ PPC.I"FIc.. Ho.x,llJ(. /VI. ~ V- PiJ,'c>!'o.,c» (2.êWt,
Ç4./ Þ,N Gn-E'E"n. lN8?7:' A>.c.. HoVSltJ6' Ef./"I¡>.¿oJol.
eë>..sv 1+-,..t
~J.." SD\ ~ ('",C?, 5ß~C,,:I¿::£"3'
0 .
6. Have you and/or your officers or agents, in the aggregate, rontn"buted more tban SI,OOO to a CounciImember in the
current or preceding election period? Yes- No- If yes, stite which Councilmcmber(s):
" . . {NO'IE: A1tach additional pages as.
Date: Irz/ f.>/~1 ,\
L . .\ of contractorJapplicant
, 5' ¿¿ c.. SI>r1JO-?íao..
3G Print or type name of rontractorJapplicant
" ~ is defined øs: "Any individuøI, firm, co-JH1'I1I=hip, join: - tu:JOCÙJIÍOrI. social c1Ilb, jrDlI:mD1 orpnimtion, œrporøtÜJtI. =att,....... ~. >ynIÚ=
this IlIIII any øthtr a>uII!Y, city IlIIII a>IDIDJ'. city municipaüty, diJIrict, or øthtr polibuI aúHlitoUion, or any øthtr fIOUP or ~ II<Iint ... ø røriL'
ArTACHMENT 5 -
---- ---
- , ~ - '-..
. .- - ~ ---
-- -
RJl.:NC1ERD SECTIONAL:!'LANNING !.lŒA ::PLAN
DEVI:LO~ SIL~'illS
------
SINGLE ~Y 1Œ5T1ì~ NlIAL: JIE1'ACHED
-All lo:::s proposed :f= Betacl1e¿ s:i:ngle :family ::::-es5.ñences shall
De gov=ed 'by tile p::-crvi-5:ions o£ tile R-1-7 Single Eamily
Res:idenœ Zone (Cbap::::::r 19_24, Title 19 o:f the CZmla V:iSt2
!1=-:ïc:ip::l Dod-e), =eptas p::-O"i7Íded 1>~;
1. The £oll¡:r¡.~ y=d =eE-S ...-:ill De =intaiIled along E:ast
"]"" 5t::-ee~
2- Eor lots :fron~~:ng OIl that po::-::ion of"]"" Saeet
nav:ï-IlE; a I:ignt-of-~ w-; ð.,-ñ of 66 £=.:=t, a -rrñTl.;mnm
£ront :y=d o£ 35 £ee:t-
D- :For lots siãïng = tilat :pu~ - ~ on o£ '~f Scree::: :h.::-.:ri-Ilg
2 r:ig]:¡t-D£-way wiãÙl o£ £6 :feet, a ~ side y=d
o:f 20 :feet-
2- :No;:w--ïths:::anëfug tile p::-~-5íons o:f :Sections 19_24- 070
and 19_24- 080, lots a1mu:i:ng tl:te side lo::: l:i:nes o£ lots
:::0 D-e developed :for :ze::-o lot I';TI'" =í:::s =y nave a
ID:rri:mum lot wilÌ1:Ìl of 38 feet, a:III:Ìl:riJIImn lot_=ea -of
i),ODD ::sg=e Íef<t, ëmd -m,,'1<Ímnm perinitted.,lot .cov€I2ge
of 45 ]:>er.cent:- :.
- .
-37
-,"- --.~.
\::::.Kut'OSED DEVELOPMENT STANL~
, SINGLE FAMILY RESIDENÏ1AL: DETACHED
A1l10ts propos:d for detached single family resir:L-n::::s shan aåœr: to tlœ following SW1dards;
L Within the Ranchero Sectional Planning AI-..a:
a. A mañn'11n of 70 p=::n1 of the total Jots may have a
nùzñmum lot Width of 50 Ï::...-t, 1I1ÌIÚIImm lot = of 5000
square fc-..t
b. A IIlIIXÎmuIn of 25 p==nt of the total lots may have a
mirrimum lot width of 50 f~ minimum lot area of 6000
square fe:t.
c. A minimu'D. of 5 perc::nt of the total lots will have a
minimum lot width of 50 :fc:t, IIlÌDiInum lot = of 7000
square fc:t
2. The sidcyards will be subject to a mllrimum of 5 fc::t sctbaclc
Ïrom each siere of the home to the property line.
3. Tnc following yard areas will be .m.amtaincci along East "]"
Street:
a. For lots :fronting on that portion of "1" S1rcct havi-IIg
right-of-way width of 50 fe=t, a minimnm fiunt yard oDS
feet
b. For lots fiunting on that portion of "1" Street having a
right-of-way width of 50 fe=t, a baclc yard minimum
average otIS f~
c. For lots sidmg on that portion of "1" Street having a
right-:of-wiy width of 50 :fc:t, a minimum side yard of 20
feet
4. :m addirlon, 'lots abutting the side lot lines of lots to be developed
for zero lot line'units may have a minúnum lot width of 58 feet,
minim111J:¡ lot area of 6,000 square f==t
35 ,
ATTACHMENT 6,
~
.p
'.
-2
. '..
..>
.. '"
.ATTACHMENT 8 7~t
-- --- ---- -----
Revised 10/18/84
RESOLUTION NO. 11775
RESOLUTION OF THE CITY COUOCIL OF THE CITY OF CHUIA
VISTA MODIFYING OPEN SPACE MAINTENANCE DISTRICT 10
The City Council of the City of Chula Vista does hereby
resolve as follows:
WHEREAS, James A. Hutchison and Associates, engineers for
the owner of El Rancho del Rey 6, have submitted a request to form
an open space district, which complies with Condition of Approval
No. 11 adopted by Council Resolution 10103 approving the tentative
map for said subdivision, and
WHEREAS, it is proposed to modify Open Space District No.
10 by including portions of El Rancho del Rey 6 into that district
as shown on Exhibits A and B, and
WHEREAS, on August 28,1984, by Resolution 11751, the
City Council set October 2,1984 as the date for the public
hearing to consider the proposed modification.
NOW, THEREFORE, BE IT RESOLVED that the City Council of
the City of Chula Vista does hereby modify Open Space District No.
10 by including portions of El Rançho del Rey 6 into the district
as shown on Exhibits A and B.
BE IT FURTHER RESOLVED that Assessor's Parcel Nos.
640-050-08, a 2.36 acre parcel, and 640-080-19, an 8.3 acre
parcel, shall have a zero assessment. -
Presented by Approved as to form by
Isl John P. Lippitt
John P. Lippitt, City
Engineer
Yo
- -
ADOPTED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF
CHLLA VISTA, CALIFORNIA, this 2nd day of October.'
19 ~, by the following wte, to-wit:
AYES: Councilmen Malcolm, McCandliss, Moore, Cox
NAYES: Councilmen None
ABSTAIN: CoIr1cilmen None
ABSENT: Councilmen Scott
. ~ /l.~
L ' ' 'MÕy'.... c"" of CIwIo V;om
ATTEST . ~~/
tl City lark
STATE OF CALIFORNIA )
COUNTY OF SAN DIEGO ) ss.
CITY OF CHULA VISTA )
I, JENNIE M. FULASZ, CMC, CITY CLERK .of the City of Chula Vista, California,
DO HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of
RESOLUTION NO. 11775 ,and that the same has not been amended or repealed.
DATED October 12,1984
rl~~~¿~/
(seal)
¿::J' City lark . .
l{(
-- c c.
~
.
ATTACHI-1£tIT "A.
COST ANALYSIS - OPEN SPACE Þ1AIIITEtIAtICE DISTRICT 10
Equival ent lMell ing Units 1El P.ancho del Rey 6A. B. C and D)
Single family cIt/ellings. Lots 1 thru -108 and 111 thru 367 365.00 edu
Church site, lot 109 (2.607 ac) . 2.61 edu
Commercial site, lot 110 (1.762 ac) 02.7 edu (average density 4.76 edu
per acre) ~edU
Resid,ential Parcels (Bennett property)
AP No. 640-050-08 2.36 ac
AP No. 640-080-19 8.30 ac 1 single family cIt/el1ing ~JI> þk11~
1\
-, ~
-' ';' : J"m:al ~ ŒRDR.5 plm;-lænnrtt~erty - - : > ' -' :'-::~'37J;'J1
-' :Phase!_:~ Del Rey - -- - ..- _c. --22D.OOedu
- Total edu fer- cost -spread - :..-,"5!J3. '37
Open Space Area ERDR 6
I lot A 8.290 ac. Lot I 4.961 ac.
- B 1.921 ac. J 3.098 ac.
D 4.309 ac. K 0.350 ac.
G 3.587 ac. L 5.430 ac.
H 7.471 ac. Total 39.417 ac.
Open Space Area Cas a Oel Rey
lut C '10.796 ac.
F 5.517 ac.
;; -, .-:':IDtal . -',,:,,':~]£...3J3.ÄC.
. :_n~ iotal Open Space Area -'.. '. 55.73 acres
Estimated Annual cost of Þ2intenance
39.417 ERDE 6 open space acres 0 $O.OJ per square foot $17 ,170.02
Annual cost of maintenànce (Phase I) Casa del Rey 18,103.00
Total annual maintenance to be spread $35.273.00
Cost per edu after boundary modification $ 59.45
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Casa del Rey (original district Phase 1)
220 singl e family duell ings () $59.45 $13.079.20
E1 Rancho del Rey:
Single family dwellings 365 total $21.697.50
Church site. lot 109.2.61 edu 155.16
Commercial site. Lot 110. 1.76 ac. 4.76 edu's 2D2.93
Bennett Property:
AP "No. 640-050-0D. 2.36 ac.
AP No. 640-030-19. 3.30 ac. 1 edu ~
-- TOTAL OPEN SPACE ASSESSNENTS $35.274.09
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May S, 1998 Teresa Rodriguez
957 W¡Jd Oak Road
Chu1a Vista. CA 91910
ChuJa Vista City Council
- And Planning Commission
276 FoW1:h Avenue
Chula VISta, CA 919]0
Dear SirsIMadams:
This letter is in response to the application for a Tentative Subdivision Map and amendment to a
Sectional Planning Area (SPA) Plan further descnòed as Case Number PCS -98-07 PCM 89-33, a proposed
development also known as Bella NevoDa. We, the residents of Wild Oak Road, Blackwood Street, River
Ash Street, and East J Street (See attached signed Petition) concur with the findings of the Resource
Conservation Commission and are opposed to this development. We request that the Chula Vista City
Council and Planning Commission adopt the No Project alternative, 1IDtiI other alternative land uses and/or
re-zoning of this property can take place.
We have witnessed this as a local habitat for a pair of endangered California Gnat Catcher's as well
as, Coronado Skinks, fox's, coyotes, quails, rabbits, various other animals and not to mention the California
Coastal Sage Brush. Should PCS -98 be developed all this would be lost, and as the saying goes "extÏnctÏon
is forever." Moreover, our peace and quiet would be gone. Currently several of us have a view to the
Coronado Bay. Loss of this view would mean a decrease in our property values.
- We have witnessed the development of homes east ofW¡Jd Oak Road and the subsequent loss of
open space. Open space which contained many fossils, Vernal pools, California Coastal Sage Brush as well
as all the wild life mentioned above. It was a place where we and our children were able to walk and hike,
and appreciate the beauty nature has to offer without having to drive for miles. It was one of the reasons
many of us moved here.
Once again, we as residents and voters in Chu1a Vista request that the Chula Vista City Council and
Planning Commission adopt the No Project alternative until other alternatives can be assessed. We must
think globally but act locally to preserve our natural resources. Thank you for your attention to this matter.
Very truly yours,
~..- i
In favor of No Project iTom
W¡Jd Oak Road
Blackwood Street
River Ash Street
River Ash Street
cc: Residents ofW¡Jd Oak Road RECEIVED
Residents of Blackwood Street
Residents of River Ash Street 'IV
Residents of East J Street MAY 06 199B
0__- -0_- °no -
ATTACHMENT 9 PLANNING
-
WE THE UNDERSIGNED OPPOSE IHEDEVELOPMENT OF CASE NO. PCS-98-P7PCM
89-33, ALSO KNOWN AS BELLA NEVONA 8
WE WOUlD .REQUEST TIIENO PROJECT ALIERNATIVEBE ADOPIED AT JH1S
TIME UNTIL FUR'lHER LAND USE DECISIONS THAT W.ll.L NOT AFFECT OUR
QUALITY OF LIFE AND HAVE NEGATIVE ENVIRONMENTAL JMP ACTS CAN BE
REACHED.
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Opposition - Page 2
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Dear City of Chula Vista Planning Committee
We live on Wild Oak Road and are very displeased
- with the plans of building 28 homes in tbè open-space
connecting to our cul-de-sac. Most of the residents on
Wild Oak Road bought their homes ,because of the cul-de-
sac do D~O6 and we know they dislike the idea as much
as we ¡;io.
We, as teenagers and children spend a lot of time
playing in the street. We play tag, soccer, and hide-
and-seek in the street, even at night. We can do so
because we have our cul-de-sac, and it is safe because
very few cars go down the ..street. If the street is
opened, a lot of cars will be passing through, and
playing in the street will become very unsafe.
Listed below are the signatures of the children who
live on, and/or spend a lot of time playing on our
street.
Thank you for your time.
Sincerely,
\. ~ UJ~~ ~l3
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aç.e rl{
LJ.l!:JrJ;j.fjl7 Cv!Jf1'.I7.:/Jc;.m ~f/? RECEIVED
.5'. kV1D11A A h1 be C1á- e 1
MAY 06 199B
~~~~
"'j'" 17 PLANNING
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ATTACHMENT 10
HABITAT CONSERVATION PLAN
FOR THE
COASTAL CALIFORNIA GNATCATCHER
AT THE BENNEIT PROPERTY IN THE
CITY OF CHULA VISTA, CALIFORNIA
,n
Prepared for
WES1ERN PACIFIC HOUSING
2385 CAMINO VIDA ROBLE, SUTIT:. 107
CARLSBAD, CA 92009
Prepared by
HflüN
RECON NUMBER 2947B [@
ocrOBER29, 1997
4241 Juttand Drive. Suite 201
_n.....-
San Diego. CA 92117-3653 c(t¡ -. n..""" ...-
619/270-5066 fox 270-5414 -.,.........-
0 This doauDcm priDœd on zccycIcd >IIpC"
TABLE OF CONTENTS
Executive Summary 1
Purpose and Scope 2
A. Existing Conditions 2
B. Regulatory and Planning Context 6
Species of Concern 7
Biological Monitoring and Mitigation Measures 9
References Cited. 9
F1 G URFS
1: Regional location of the project 3
2: Project location 4
3: Existing vegetation on the site 5
ATTACHMENT
1: Letter dated October 8, 1997 Ie: Bennett Property Biological Survey Repon
<)()
Executive Summary
Western Pacific Housing of Carlsbad, California, is applying for an .incidental take permit
from the U-5. FIsh and WIldlife Service (USFWS) pursuant to Section 10(a)(1)(B) of the
Endangered Species Act of 1973, as amended (ESA). The pennit would authorize the
incidental take of one pm of coastal California gnatcatchen; (PolioptiIa californica ssp.
califomica) in association with development of the Bennett Property in Chula Vista,
California. This habitat conservation plan (HCP) is submitted to obtain an authorized
take of coastal California gnatcatchers in association with an otherwise lawful activity.
As required under the ESA, Western Pacific Housing has prepared and submitted this
HCP that defines the level of incidental take that would 0CCDr and addresses how impacts
on the coastal California gnatcatcher associated with project implementation will be
minim;7".ð. and mitigated.
The proposed project is a residential development on an approximately five-acre parcel
located south of East J Street between River Ash Drive and Red Oak Place in Chula
VISta, California. This project would result in the loss of approximately 4.2 acres of
revegetàted scrub and the displacement of one pm of coastal California gnatcatchers.
The vegetation over the majority of the site is revegetated scrub dominated by brittlebush
(Encelia jarinosa), common encelia (E. calijomica), coast golden bush (lsocoma
menziesií), and deer weed (Lotus scoparius). This vegetation type is not considered a
n.arural coastal sage scrub community. However, the revegetated scrub present on the
project site is structurally sllnilar to coastal sage scrub which enables the pm of coastal
California gnatcatchers to exhibit typical foraging behavior (RECON 1997).
This HCP proposes biological monitoring and mitigation m=ures designed to min;mÏ7~
potential impacts to the coastal California gnatcatcher, a federally listed threatened
species. A biological monitor will be present on the project site during all brush clearing
activities. The biologist will coordinate with equipment operators and oversee the use of
brush clearing machinery in order to effectively eliminate the chance of direct harm to the
gnatcatchers. We reëommend that brushing activities be initiated at the south end of the
project site adjacent to existing residential areas. Brushing equipment will work back and
fonh across the project site in a general east-west direction and continue nonhward in an
attempt to direct the gnatcatchers into existing natural coastal sage scrub habitat nonh of
East J Street. Coastal sage scrub revegetation efforts have been underway for
approximately two years in designated open space areas of Rice Canyon in Rancho del
Rey. This created coastal sage scrub will provide potential foraging areas for native
wildlife species. Off-site mitigation in a 1:1 ratio is proposed for the loss of revegetated
scrub resulting from project implementation.
SI'
1
Purpose and Scope
This HCP has been prepared in support of an application by Western Pacific Housing for
a permit under Section 10(a)(1)(B) of the federal Endangered Species Act (ESA) for the
incidental take of coastal California gnatcatchers (Poliopti1a californïca ssp. californica)
in association with an otherwise lawful activity by a private party at a specific location in
the city of Chula Vista, California.
The coastal California gnatcatcher is listed as threatened by the USFWS, and is also
considered a species of special concern by the California Department of FISh and Game
(CDFG). The gnatcatcher is a target species for state (NCCP) and local multiple species
conservation programs (MSCPs).
Western Pacific Housing has proposed a residential development project on the Bennett
property sonth of East J Street between River Ash Drive and Red Oak Place in Chula
VISta, California (Figures 1 and 2). A biological survey of the project site was conducted
on September 15-16, 1997. Survey results were presented to the project proponent in a
letter dated October 8, 1997 hereafter referred to as RECON 1997 (Attachment I). During
the survey a single pair of coastal California gnatcatchers was observed foraging in
revegetated scrub present on-site. Nesting activity was not observed but it should be
noted that breeding docs not occur this time of year.
A. Existing Conditions
The project site, consisting of apProximately five acres, is located on East J Stre::t
between River Ash Drive and Red Oak Place in Chula Vista, California. At present, it is
SUITounded on three sides by residential development and bordered on the north by East J
Stre::t. The project site has been previously disturbed and revegetated with a mix of both
desert and coastal native species. The acreage figures used in this doc:umcnt for existing
vegetation have been revised from those used in the biological survey report (RECON
1997). Topographic base màps of the proposed project site were generated for this HCP
and this allowed more accurate mapping to be completed. This increased accuracy is
important due to the sensitive nature of the resources present on-site.
Approximately 4.1 acres of the site is covered by revegetated scrub dominated by
brittlebush (EnceIia jarirwsa), common encelia (E. calijornica), coast goldenbush
(Isocomn menziesii), and deer weed (Lotus scoparius) (Figure 3). Brittlebush is native to
desert areas east and northeast of coastal San Diego County and is not a natural
component of native vegetation in the coastal area. Scattered California buckwheat
(EriogonumjascicuIatum), broom baccharis (Baccharis sarothroides), and golden-yarrow
(Eriophyllum confertiflorum) are found throughout the site. The species composition and
dominants vary over the site and approximately 0.12 acre is dominated by iIregu1arly
S-¿
2
Otay Mesa Rd.
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JiJl1 FIGURE 1
:::::: Regional Location of the Project..
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FIGURE 2
Project Location"
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FIGURE 3
Located in map pocket.
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shaped patches of California encelia. California sagebrush (Artemisia califomica) is not a
dominanl species here. Approximately 50 individual California sagebrush plants are
widely scattered across the site, with most of the plants being found in the western third
of the property. It is estimated that California sagebrush COv~l'S approximately 1,400
square feet of the revegetated scrub. Other native and non-native desert species present
include acacias (Acacia sp.), desert marigold (Baileya multiradiata), Mexican opuntia
(Opuntia microdasys), aloe from south Africa (Aloe sp.), and aeonium from the Canary
Islands (Aeonium sp). The composition of this vegetation community is not considered a
natural vegetation type or coastal sage scrub habitat (RECON 1997). However, the
revegetated scrub is structurally similar to coastal sage scrub and the proximity of the site
to naturaI coastal sage scrub has allowed coastal California gnatcatchers to use the site as
a foraging area.
Approximately 0.56 acre of the site was distmbed during the constrUction ofEastJ Street.
This area along the DoItbern edge of the property was revegetated with a temporary
erosion control mix which included California sagebrush, Australian saltbush (Atriplez
semibaccauz), and San Diego County viguiera (Viguiera Iaciniata). The revegetation here
is considered to be temporary because additional improvements to the road and sidewalk
are expected to be completed in the future.
B. Regulatory and Planning Context
The Endangered Species act prohibits any "take" of a species that is listed as threatened
by the USFWS. As defined by Section 3 of the ESA, "take" means "to harass, harm,
pursue, hunt, shoot, wound, kill, trap, capture, or collect, or to attempt to engage in any
such conduct." Harassment is defined as "an intentional or negligent act or omission
which creates the likelihood of injury to wildlife by annoying it to such an extent as to
significantly disrupt normal behavioral patterns which include, but are not limited to,
breeding, feeding, or sheltering." Harm is defined as "an act which actnaJly kills or
injures wildlife. Such acts may include significant habitat modification or degradation
where it actI!aliy kills or injures the wildlife by significantly impairing essential
behavioral patterns, including breeding feeding, or sheltering."
The ESA, under Section 10(a)(1)(B), provides a permit to an incidental take associated
with an otherwise lawful activity if adequately addressed in a habitat conservation plan.
Section 10(a)(2)(A) of the ESA requires that no 10(a) permit may be issued unless the
applicant for the permit submits to the Secretary of the Interior an HCP that specifies:
. The impact that will likely result from the specified take;
. Steps the applicant will take to rninirni7e, mitigate, and monitor such impacts;
. The level and source of funding that will be available to implement such steps;
)h
6
. Altemarive actions to the take and the reasons those alternatives were not chosen;
. The names of the pany or panies involved; and
. Procedures that the applicant will take to deal with unforeseen circumstances.
Species of Concern
Coastal California Gnatcatcher
The coastal California gnatcatcher (Polioptila califomica califomica) is a small gray
nonmigratory songbird with a black tail and a very distinctive mew-like calL During the
breeding season, male gmttcatcherš develop a black cap that distinguishes them from the
females.
The coastal California gnatcatcher occurs below the 2.000-foot elevation level in the
coastal slopes of southern California from the Los Angeles basin south to Baja California,
Mexico (Atwood 1980). This species is strongly associated with coastal sage scmb
vegetation. However, not all types of coastal sage scrub are used or prefeued by the
species. The birds have been found in greater abundance in areas dominated. by coastal
sagebrush with other imponant plant species being Califomia buckwheat, laurel sumac
(Malosma lmuina), and lcmonadebeny (Rhus întegrifolia). These species are important,
but not essenriaL habitat components in the vegetation communities used by the coastal
California gnatcatcher. The gnatcatchers may be found in other habitats such as chaparral
or riparian habitats during dispersal of young birds after fledging and during the hot
summer months.
The breeding season extends from late February, when the birds begin to pair, through
July, with the peak: nesting period being mid-March through mid-May. Nests are small
cup-shaped baskets located one to three feet off the ground in shrnbs. Clutches usually
contain three or four eggs. Incubation takes 14 to 16 days, fledging lasts 11 to 13 days,
and the fledglings are dependent on their parents for as little as three to four weeks or up
to several months (USFWS 1993).
Home range and territory sizes for coastal Califomia gnatcatcher pairs vary depending on
the habitat quality and time of year. Breeding territory sizes for gnatcatcher pairs have
been found to vary from 2 acres to in excess of 40 acres depending on the quality of the
habitat (USFWS 1993). Habitat distnòution, as well as total acreage, contributes to
habitat quality. Much of the coastal sage scmb in San Diego County has been fragmented
by development an~ agricultural activities, especially along the coast. Habitat
fragmentation results in poor long-tenn survival of native bird species (Soule etal. 1988).
«;j
7
The coastal California gnatcatcher population in southern California bas been reduced
through loss of habiwlO urban and agricultural development of the coastal slopes during
the past 50 years. An estimated 58-61 percent of the coastal sage scrub habitat within the
geographical range of the coastal California gnatcatcher in 1945' had been lost by 1990
(USFWS 1993). The species appears to be moderately to highly susceptible to nest
predation by various animals such as scrub jays, snakes, and rodents (Atwood 1990),
which probably has also led to reduction in numbers. Brood-parasitism by brown-headed
cowbirds (Molothrus arer) may also be reducing the population (Atwood 1980; Unitt
1984).
1. Current Distribution within the HCP Area
A single pair of gnatcatchers was observed foraging in revegetated scrub on-site during
the biological survey conducted in September 1997 (RECON 1997). During the
biological survey the gnatcatchers were observed in several different locations on the
project site. All of these locations were in areas covered by revegetated scrub. No nesting
activity was observed during the biological survey.. It should be noted that .nesting is not
expected this time of year since it is not the breeding season. A previous biological
survey of the nonhero portion of the site was completed prior to construction of the East J
Street extension in August 1995 (4[d] exemption for the East J Street extension, City of
ChuIa Vista dated August 10, 1995). Gnatcatchers were observed foIãgÏng in the area at
that time bUt no nesting activity was observed.
2. Other Species of Concern in the Project Area
The coastal California gnatcatcher is the only sensitive wildlife species found on the
project site, and is the only federally listed species within the project area. Only one
sensitive plant species was observed on-site, the . San Diego County viguiera (Viguiera
laciniata). Tne California Native Plant Society considen; this a list 4 species (Skinner
and Pavlik: 1994). Plants on this list have limited distribUtions in California, but are not
cònsidered under immediate threat so they are not eligible for state listing.
3. Project Impacts and Alternatives
Impacts which wiJI result from project implementation include the loss of approximately
42 acres of revegetated scrub and the displacement of one pair of gnatcatchers from the
site resulting from removal of all existing vegetation. The 4.2 acres of impacted
revegetated scrub includes 0.12 acre of vegetation mapped as California encelia which
OCCUrs in irregularly shaped patches on-site.
Alternative action tq the proposed project would requÏre leaving a portion of the
revegetated scrub undisturbed, but this would prevent the proposed residential
development and is, therefore, economically infeasible.
)5
8
--- "
Biological Monitoring and Mitigation
Measures
The following proposed biological monitoring and mitigation measures are designed to
miními7~ impacts to the coastal California gnatcatcher resulting from the project
Ïmplementation. The applicant will be responsible for funding 100 percent of all
proposed biological monitoring and mitigation measures.
1. A biological monitor will be present on the project site during all brush clearing
activities. The biologist will coordinate with equipment operators and oversee the
use of brush clearing machinery in order to effecrivc:ly eliminate the chance of
direct harm to the gnatcatchers present on-site.. The biologist will also be
available to resolve any issues which may arise due to unforeseen circumstances.
2 Brushing activities are recommended to be initiated at the south end of the project
site adjacent to existing residential areas. From the southern propeny boundary,
brushing equipment will work across the project site in a general east-west
direction and continue northward in an attempt to direct the gnatcatchers into
existing natural coastal sage scrub habitat north of East J Street. Coastal sage
scrub revegetation efforts have been underway for approximately two years in
designared open space areas of Rice Canyon in Rancho del Rcy north of the
project site. This created coastal sage scrub provides foraging habitat for native
wildIiie species. The wildlife habitat value of these coastal sage scrub
revegetation areas is eXF"'_'"ted to increase over time as the plants mature.
3. Off-site mitigation through the purchase of existing coastal sage scrub habitat is
proposed for impacts to the revegetated scrub on the project site. Mitigation in a
1:1 ratio is proposed for Ïmpacts to revegetated scrub resulting from project
Ïmp I ementati on.
References Cited
Atwood, J. L.
1980 The United States Distribution of the California Black-taiIéd Gnatcatcher.
WesremBirds 1l:65-78.
1990 Status Review of the California Gnatcatcher (Polioptila califomica).
Unpublished technical report, Manomet Bird Observatory, Manomet,
Massachusetts.
~7
9
!":":"::"
RECON
1997 Biological Survey Report for the Bennett Property on East J Street, Chula
VISta, California.
Skinner, Mark. and Bruce Pavlik
1994 Inventory of Ro.re and Endangered Plants of California. California Native
Plant Society Special Publication No.1, 5th cd. Sacramento.
Soule, M E~ D. T. Boulger, A C. Alberts, R Sauvajot, J. Wright, M Sorice, and S. Hill
1988 Reconstructed Dynamics of Rapid Extinctions of Chaparral-Requiring Birds in
UIban Habitat Wands. Conserva1ion Biology 2(1):75-92.
U.s. FIsh and WùdIife Service (USFWS)
1993 Endangered and Threatened Wildlife and Plants; Determination of Threatened
Status for the Coastal California Gnatcatcher. Federal Register 58(59), March
30.50 CFR 17.
Unitt, P. A
1984 Birds of San Diego County. Memoir No. 13. San Diego Society of Natural
History.
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PHOT0GRÅ.PH 1
Revegetated Scmb Dominated by BrittJebush, Common Encelia,
. Coast Goldbush, and Broom Baccharls
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~ Revegetated Scrub Dominated by Bnttlebush, Common Enœlia,
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A TT A CHMENT 1
(C3
1'1 UJU j: ~I' OCtober 8.1997
Mr. Ryan Green
Western Pacific Housing
2385 CaminoVïda Roble, Suite 1m
Carlsbad. CA 92009
Reference: Biological Survey Repon for the Bennen Property on East J Street, Chula Vista,
California (RECON Number 2947B)
Dear Mr. Green:
The fOllowing lener provides the results of a biological survey performed on September 15 and 16,
1997 on the Bennett property along East J Street between River Ash Drive and Red Oak Place in
Chula Vista, CaJjfornia.
Methods
The entire site was searched on fool. All plant and anima! species observed on-site were identified
and recorded. Vegetation communities were mapped on an enlarged aerial photognph. The site was
visited twice, once on the morning of September 15 from 6:00-] 0:00 A.M. and on September 16 from
~7','" ,.p. c" 8:00 to 10:00 A.M. The weather was partly cloudy 10 sunny and the temperatUre ranged from 71-82
,c~ degrees Fahrenheit. Survey conditions were good.
. ' ,'" ".,.~
¡'~ "'" ',' ""J Existing Conditions
The approximately five-acre site is surrounded on three sides by residential development (Fig".¡re I"
and East J Street borders the property to the nonh. Tne site has been previously diStUrbed and
revegetated with a mix of both desen and coastal native species. Table I lists the species of plants
observed on-site. Three vegetation communities were mapped on-site (see Figure I). These
communities include revegetated scrub, a tempornry erosion control area immediately south of East J
Street, and areas dominated by high densities of CaJjfornia encelia.
The vegetation Over the majority of the site is revege!a!ed scrub which is dominated by briaJebush
(&celia farinosa), common encelia (E. caJifomit:a), coast goldenbush (Isocoma menziesü'), and deer
weed (Lotus scoparius) (photographs I and 2). BriaJebush is native 10 dcscn areas cast and nonh-
cast of coastal San Diego County. This species is not a natural component of native vegetation in the
coastal area. Sc:at!cred California buckwheat (Eriogmuunfasciculatum), broom haccharis (Baccharis
sarothroides), and golden-yarrow (EriophyUum conf~rum) are found throughout the site.
CaJjfornia sagebrush (Anemiria californica) is not a dominant species here. APProximately 50
individual California sagebrush plants are widelyscattcrcd across the site. with most of the plants
being found in the western third of the property. It is estimated that California sagebrush covers
approximately 1,40(} square feet of the revegetated scrub. Other native and'non-native descn species
present include acacias (Acacia sp.), descn marigold (Baileya multiradiaza), Mexican opuntia
(Opuntia microdasys), aloe from south Africa (Aloe sp.); and aconium from the Canary Islands
(Aeonium SF). The composition of this vegetation community is not natura!.. No COrresponding
native plant community could be found inA McuuuzI ofCalifoT1ÙD Vegeta1ion, by Sawyer and
Keeler-Wolf (1995) or in Preliminary Descriptions of rhe Terrestrial Nl1l1lrol Col7UJUUZiries of
CalifOT1ÙD by Holland (1986).
Q41 Jutland prive, Suit: 201 The species composition and dominants vary over the site and approxiIll8lcly 0.25 acre is dominated
San Diego, CA 92117.3E53 by irregularly shaped patches of California encclia (-Figure I). Approximately 1.1 "= of the
619/27D-5Dô6 site was disturbed during the construction of East J Street. This area along the northern edge of the
fax 27D-5414 propcny was revegetated with a temporary erosion control mix which included California sagebrush,
w'('
TABLE I
PLANT SPECIES OBSERVED
Sci~tific Name Common Name Origin
AcllciD sp. Acacia, I
Aloe 'p. 1
Aeonium 'p. 1
ArzemlsiD CDlifornicll Less. California sagebrush N
Atrip/a semibllcCQla R.Br. Australian saltbush 1
Bllccharis :rarOlhroiQes A. Grny Broom baccharis N
Bailt:yll nudtiradiata Desert marigold 1
Bromu:; madriz=i.r L ssp. rubt:1lS (L.) Husnot Fox1aiI chess 1
Cerrlllurell soIsrizUzlis L Yellow star-thistle 1
CoTllllieriajubl11l1 (Lemoine) Stapf Pampas grass 1
EnceliD CDlifomica NulL Common cncelia N
Enct:lüzfarinosa Torn:y &A Gray Britt1,,¡,ush, incicnso N
Eriophyllum colf/miflonun (DC.) A. Gray var. colf/t:rtijlorum GoIdcn-YSlTOW N
GlllieTTt:ZÍll CDlifomÍ!:ll (DC.) Torrey & A. Grny California matchweed N
Ht:1erotheCQ grondijlorll NulL Telegrnph weed N
IsocomtJ mt:7ZZÏt:SÜ (Hook. & Am.) G. Nesom Coasz goldenbush N
1.000 SCOPO:TÙls (NulL in Torrey &A. Gray) Onley Var. scoparius California broom N
Melilooo alba Mcdi1cus White SWeet clover I
Nicoliano. glmu:o. Grab. T= tobacco 1
OpunziD ficus-indica (L.) Miller Indian fig 1
Opuruúz microdasys 1
Peruúsetum st:tJJCt:ll1n ForsskaJ Founrain grass 1
penszemon 'p. Beardtongue
Plon1ago ovllZll 1
Salsolo lTllgus L Russian thistle, tumbleweed 1
Senna 'p. Û!ssia 1
Szephanomeria virgt:lJO. (Benth.) ssp. virgtJJll Slender stephanomeria N
Vil1uieTll lociniaJo. A. Gray San Diego CountY vi£\ icr:a N
N = native to locaIi1y; 1 = introduced species from outside lOcality.
~S
Mr. Ryan Green
Page 2
October 8. 1997
Australian saJtbush (Atriplex semibaccata). and San Diego Cpunty viguiera (Viguiera laciniala). The
revegetation here is considered 10 be lemporary because addiúonal improvements to the road and
sidewalk arc expecled to be completed in the future.
Wildlife Species
The total of 11 bird, 2 rcpúle. and 2 mammal species were either observed or detected on-sile and arc
listed in Table 2 .
Sensitive Phmts
One sensiúve plant species was observed on-sileo the San Diego County viguiera (Viguiera
lacíniata). The California Naúve Plant Society considers this a list 4 s¡=ies (Skinner and Pavlik.
1994). LiSl4 plants have limited distributions but arc not under ÍII1mcdia1e threat and they an: not
eligible for state listing. .
Sensitive Wildlife
A single sensitive wildlife s¡=ies is found on-sile, the coastal California gnatcatchcr (Polioptila
califomica califomica). The coastal California gnatQttcher is listed as federally threalened and is
also a California Department of Fish and Game species of special concern. A single pair of gnatcat-
chen; was observed foraging on-sile during both slD'VCy days. No nesting activity Was observed. but
it should be noted that none would be expcCled at this time of year, which is out of the normal
breeding season. The coastal California gnatcatcher is a small gray bird with a black tail, and aVe'
distinctive mew-like call. During the b=ding season, male gnatcatch= develop a black cap that
distinguishes them from the females. This resident species occurs below the 2,OOO-foot elevation
level in the coastal slopes of southern California from the Los Angeles hasin south 10 Baja
California, Mexico (Atwood 1980).
The coastal California gnatcatcher is StrOngly associated with coastal sage scrub vegetation. Not all
types of coastal sage scrub arc used or prcfCITCd by the species. The birds seem to be most abundant
in areas dominated by coastal sagebrush with other important plant species being California
buckwheat, laurel sumac (Malosma laurina), and lemonadebcrry (Rhu.r ûuegrifolÛl). These species
arc imPOrtant habitat components, but arc not essential in aI] vegetative communities where the
coastal California gnatcatcher is found. Duñng pans of the year, cspcci.aIJy during dispcrsa] of
young birds after fledging and during the hot s!llDD1cr months, gnatcatch= may be found in habitats
other than coastal sage scrub, such as chaparral or ñpañan habitats.
The breeding season exlends from late February, when the birds begin tn pair, through Ju]y, with the
peak nesting period being mid-March through mid-May. Nests arc smaIJ cup-shaped baskets located
One to three fCd: off the ground in shrubs. Clutches usually contain three or four eggs. Incubation
takes 14 to 16 days. fledging lasts lito 13 days, and the fledglings arc dependent on their parents for
as little as three 10 four weeks or up 10 several months (U.S. Fish and Wildlife Service [USFWS]
1993).
Home range and tcrñlOry sizes for coastal California gnatt:atcher pairs vary depending on the habitat
quality and time of year. Breeding tcrñtory sizes for gnatt:atchcr pairs have been found 10 vary from
2 acres to in cx= of 40 acres depending on the quality of the habitat (USFWS 1993). Habitat
distribution, as well as IOtai acreage, conlribulCS 10 habitat quality. Much of the coastal sage scrub in
San Diego County has been fragmented by deve]opmentand agricultural activities, espCc;aIly along
the coasL Habitat fragmentation results in poor long-term survival of nsúve bird species (Sou]e et aI.
1988).
(Ph
TABLE 2
WILDLIFE SPECIES OBSERVEDIDETECTED ON THE SITE
Common Name ScienrificName StatUS
R.."'DIÎJcs
Western fence lizard Sceloporus occidentalir
S"Jdc-blotched lizard Via szansburiana
,
Birds
California quail Callipepla calijomica califomica
Anna's hummingbird Calyple =
Bewick's WlCn Thyro= bewicIcii
WCSICrn kingbird TyTlUllUlS venicalis
WCSItrn scrub-jay Aphelocoma califomica
BnsIuit Psalrriparus minimus minimus
California thrasher TozoSloma redivivum redivivum
Coastal California gnatcatcher PolioplilD califomica califomica FT,CSc.SDC.MScp
Lesser goldfmch Carduelir psahria hesperophiLls
House finch Carpotiaals maicanus./roruaIis
California tOwhee Pipila crissaJis
Manunals
Conontail rabbit SylviIagus auduborzii
Covore Canis latrans
Status
CSC = California Department ofFISh and Game species of special con=
FT = Listed as tbrca1cned by the federal government
MSCP = Mulriple Sr..cies Conservation Program target species list
SDC = City of San Diego Resource ProlCCtion Ordinance ~Sensitive Species"
~7
Mr. Ryan Groon
Pago 3
Octobor 8, 1997
Tho coastal California gnalcatchor population in southorn California has boon reducod through 1,
of habitat 10 urban and agriculturaJ dovolopmont of tho ooastal slopos during tho past 50 yoars. An
ostimatod 58-61 percOol of tho coastal sago scrub habiw within tho goographical rango of tho coastal
California gnatcatc:hc:r in 1945 had boon lost by 1990 (USFWS 1993). Tho specios appoars to bo
mod=ly 10 highly suscoptiblo to nc:st predation by various animals such as scrub jays, soakos, and
rodonts (Atwood 1990), which probably has also lod to reduction in numbors. Brood-parasitism by
brown-hoaded cowbirds (Molorhrus ater) may also bo reducing tho population (Atwood 1980; Unitt
1984).
Previous Biological Sunoys
A previous biological survey of tho northorn ponion of tho sito was complotod prior 10 construction
of thoEastJ Streot oxtonsion in August 1995 (4[d] oxc:mption for tho EastJ Streeroxlc:nsion, City of
OIula Vista dated August 10, 1995). Impacts cansc:d by tho construction of J Street included
0.8 ~ of coastal sago scrub which was mitigatod ata 2:1 ntio near tho corner of Telegraph Canyon
Road and Pasc:o Ladora. A total of 0.6 ~ of the revogotatod scrub was impaclc:d by tho projoct. but
this area along thollorthorn odge: of tho subjoct propt:rty wasl1ot coDSidored 10 be coastal sage: scrub
habitat and. thc:rofore, tho impacts to this vegOtatioD war: not mitigalc:d. According to tho 4(d)
oxc:mption, tho ICvogetatc:d scrub impacted by tho road construction was dominated by brittlobush,
common eDcelia, and dosc:rl marigold. Gnatcatchon; war: obsc:rvod foraging at that timo but no
nosting activity was obsc:rvod.
Discussion
Approximatoly 3.6 acres of tho site: is covored by revogotatc:d scrub dominalc:d by brittlebush,
common encelia, and coast goldonbush. A5 previously discussed, this VOge:tatiOD ~ is not a
nawraJ community and is nOl considc:red 10 bo coastal sago scrub habitaL Tho revegetalc:d scrub is
StrUcturally Similar to coastal sago scrub and tho proximity of the silo 10 nawraJ coastal sago scrub
has allowed ooastal California gnatcatchcrs to use tho silo as a foraging =- Natural coastal sago
"'-"nib growing north of J Stroc:t is dominatod by California sagebrush,jojoba (Simmonds",
chinen.sir), and lemonadeborry. Visually ostimated covor valuos for California sagobrush in naturaJ
communitios off-silo reach up to 80 percenL
Sincerely,
~¿j.~
Mark W. Dodc:ro
Associato Biologist
MWD:sh
~f'
Mr. Ryan Green
Page 4
October 8. 1997
- References Cited
Atwood, J. L.
1980 The United States Disnibution of the California Black-ttuled Gnatcatcher. Wo.rtern Birds
11:65-78.
1990 Status Review of the California Gnatcau:her (Polioptila cali/ornica). Unpublished
technical rcpon, Manomet Bird Observatory. Manomet, Massachusetts.
Holland R.F.
1986 Preliminary Description of the T em:strial Natun¡J Communities of CaJifornia.
Sawyer. John O~ and Todd Keeler-Wolf
]995 A MIllWa/ of California VeKetatiolL
SouJe, M. F... D. T. BouJger. A. C. Alberts, R. SauvijO!, J. Wright, M. Sorice, and S. Hill
1988 RecollS1tUC1ed Dynamics of Rapid Extinctions of ChapamJ-Requiring Birds in Urban
Habiw Islands. Conservation Biology 2(1):75-92
U.s. FISh and Wildlife Service (USFWS)
1993 Endangered and Threatened Wùdlife and PJants; Determinalion of Threatened Status for
the Coaslal California Gnatcau:her. F ederai Register 58(59), March 30. 50 CFR 17.
- Unit!, P. A.
1984 Bird:; of San Diego County. Memoir No. 13. San Diego Society ofNaturaI History.
(pC¡
--- --.--.-- ---
--------------_._-------
œ -~._, ~ .-. -,~- I-'
w:. -. - ---= ........c
.. &1IfJID1UTMTÆ!U7U .1
15 use 1539(a)
FEDERAL AsH AND wILDUFe peRMIT " -,"",' 16 'u::;c 1533(d)
-,-
... ÞEJU<TTTŒ 50 CFR 13
50 CrR 17 -3Z
. .
1.AMCD BDUSING, INC. ..-
ìÆSTERN PACIFIC JIDUSING - ?RT-B4Z272
2385 CAMINO VIDA ROBLE, ilo7 "'--LE I~M&'~
CARLS3AD ,CA 92009 fi- fi....
0.... 0""
U"'ÆCTI"" '~:;/9B
05/06/9B
'.__'D'n.E""""-~,,,';.'- 1~7T~0f'-
Lance ~ WEit:e. President EndanEer~diThreat:e=d 'Speö:.es
.... '-"""'- - .~ -=nwn' .... "" =ooøucTI!D
On 'tOhe project: s:i= :i.n Chub Vista, San Di.ego County, CaJifO:r1ú.a. 2.S delineated:in the
Habi= Conaeryadon P1an f= the coastal 'CzJ.ifornia g=t:catcher a'tO ~e Benne!:!: propert:y.
,.--- . - - ;
L -.... -..... - """.. - " Of' "" ""'" '.. -- sncIf'IC ...",.,.",. ""NT"""" -.... ~ CITED .. OUfCC .. _DVE.."" '
........ --. ~ OF"""""'" ...... ..cnwm£ ; .uTIC~ "....... """" BE =-ED ........ .....- wmo ..... ....""" "'oeøsES -=-... ........
"""""'- SUBMnU>, ~ ".UDIn. "" -..c. "" 'l'tt13 _flIT IS SUBJecT "" =-œr£ """ 'T1II£U' =-u."",,- "-"" .LL ....u:.o""
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c.."""__8.--~
D, ::l..-tI1= c:onë.t:ions of auilior:Lzation === contlrined :in the at=hed
Sp~ T= =d Conrlirions.
-
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P"fI!
Rerioñal Director D5/06/9B
'it)
ATTACHMENT, 1t ' -, - ,
~
U.S. FISH A.1W WILDLIFE SERVICE, PORTLAND, OREGON
PERMIT CONDmONS FOR PRT -842272, page 1 of2
E. All se:1Ïcms of TItle 50 Codt!! ofFt!!wal Regularùms.pcts 13 and 1732 arc conditions of
this permit (A11>Id'fTT\..m.:: 1 and 2).
F. The mnbmization gr¡m%cd by tbìs p:::m¡it is subject to compliance wÏIh, 2Dd
impl=>~"n of; the :final '"Habitat Canserva:tionl'hm :fur the cDIIStIIÍ Califamia
GnA'lnot~...... at thc Bennett Pm¡x:rty .in the City of ChuIa. vista. Califumia,," which is
hereby manporated iIIto the pcmút.
G. The P=itt= zmd ag=ts designated by the p=ïnec SIC 1lUthcriz:d under the F ed:ral
1='M':¡~ Species Act of1973.as am...-nàcd (Aá), to im:id::ntally take (hmm and
han:ss) I pm of the 1hr=atcned. ~ C'-"rñnr.ü.. ~n"T (PolioptžIzz ailifårnica
califimú=) and 4.2 = ofits.fcragjnghabitatwitl:ãnthepmjcctsite, 1Dthe c:xt::Dtthat
taIœ oftbis species wcu1d ~,e b::pm1ñbitc:d under section 9 of the Act, and its
implcm::lJlÏng r=gu1aûons. or pmsuan1 to a mlc pI'DlIlIiIgat¡:d under scctüm 4{ d) Df the
Act. Take: must occur incideuta1 to otbcrwisc.Iawful acfivÏtics associated with completing
the ~projcct on the Bcnnctt.Propcny, and as amditioncd h.en:m..
R T cis p=it is not effi:t:iivc UIIÍÎ.l W cstcm Pæ;ifu; Housing pID'Vidcs prcaf to the Scrvic::' 5
Carlsbad FISh and Wildlñc OfiÏe= (2730 Lobe Av= Wet, Carlsbàd. CaIifcmia
9200&,1c!cpbonc 760-431-9440) of (1) m!hcrization to clear IUld grub the Br::on..-tt
Property from the City of ChuJa Vism ami (2) parc:hasc of 4.2 acres of mitigation bank
cr--dÍ1s from the 0 'N caI CanYDn Mitigøtian Bank.
I. Upon:fiJJdmg dead. ÏJJjurcd. or sick endm"øcr-..d or thrc:zá::ncd wildlife sp---ics. !be
¡u:mritt:: or designated ag=nn; must notify CJIalJy within 1 working day the Scrvi=' 5
Ca:rlsbad FISh and Wt1dJifc Office. Wrlttcn notification to the Carlsbad Fish and '\¥ï1dlifc
Offic:: = be made within 3 working åays and must includC! the date, ttrne. and 1ocation
of the specimen IUld ¡my other pertinent infonnaticm. Dca4 BIrimaIs =y be ma.rlccd in en
appropriate manner, phctogr¡qùJcd. and left on site.. Should any sick ar j!ÿureð. 2Uilinals
survive. the Service should be contBch:d xcgarding fiDal disposition Df the 8Dim.als. In the
event t1:œt a specie::! has peen 1Bkcn in cantmvcntion of my F cdcral, S1atJ; or local law, all
relevant infoImaIion shall be reported withÏn 24 hams to the Carlsbad FJSh IUld WùdIif¡,
Office ar to the Service' B Division DfLaw Enforcemcut in San Diego. Cælifomia.
(telepimD: 619-557-5063).
J, Within 30 days of c:ompIdiDn of clearing and grubbing DIl tbc B=ctt Property, the
pemritt= sh.a.Il submit a n:pon tc ~ Scrvic" Dn 1he nmnhe:r of acres cl=d and grubbed
and the statns Df 1he =astaI Czilifomia gnatcatchc:r on site. One copy of the report sbal1
be sWmñttcd to tllc Field Supervisor of the Carlsbad F15h and Wùdlifc Office., and one
copy shall be submitted to the AsSÍSIBnI Regional Dirc:::tar, Ec:ologir:¡¡l Services, Fish and
Wi1dIif:: ServiCe!. 911 N.E. 11th Av::nue,Portland, DIcgon97232.
7'
I
?ERMIT C~"DmONS FOR PRT-842272 COI!1' Ii. page 2 of2
K. A =py cf this pamit must be.in the possession of the p=i11èc zmd designaí¡::d agents
whDe CODIinctÍng 1aking ad1vitÎes. Please n:fcr tD t1J:: p:=it numh:r in. all
C<>U'-".!" ,"Ii........... ="'~g permit activiñ::s. Any questions you ~ have about this
pemrit SÌIDuld be dm:cted to 1he Field Supervisor, Cadsbad Fish zmd Wildlife Office
(tc1ep1m= 760-431-9440).
Attaèbments
72
;J:ÞJ~
"Bella Nevona"
Bennett Property
m We~tern
PacIfic
Housing
SAN DISDD DIVISION
RVAN E. GREEN
F_,d p~""~
238S CAMINO VIDA R08LE. SUITE 107 TEl 760.929 1600
CARlSßAD. CA 92009 FAX 760.929.1601
_._-~..- --..-.-.-.-. .-.---.. .-....-...--
Index
Description Pae:e
Project Description I
Community Compatibility Matrix 2
Original Submitted Tentative Map - 29 Lots (Exhibil A) 3
Revised Tentative Map - Through Street - 28 Lots (Exhibit B) 4
Revised Tentative Map - Dual CuI De Sac - 28 Lots (Exhibit C) 5
Lot Size and Number of Lots Comparison (Exhibit D) 6
Home Size Comparison (Exhibit E) 7
Enlarged CuI De Sac - Side Yard Comparison (Exhibil F) 8
2 Dimensional Architectural Renderings and Floor Plans 9 - 18
Revised Site Plan - Through Street - 28 Lots (Exhibit G) 19
Revised Site Plan - Dual CuI De Sac - 28 Lots (Exhibit H) 20
~ --~----- ~~~---- ----_._--~~----~_.__._~-_.._.
Project Description
~ History:
A. Ranchero SPA adopted August 15,1978.
B. SPA specifically called out a maximum of 46 dwelling units allowed on the Bennett
Property. Our design calls for 28 lots.
C. General Plan allows 3 to 6 units per acre.
D. Property is 5.25 acres ofrevegetated sage scrub.
~ Site Plan:
A. Originally submitted Plan for 29 lots with through street (Ex. A).
B. Based on Staff and Community comments trom the first public forum on March 26, 1998
we redesigned our plan to 28 lots (Ex. B) and engineered an alternative Dual Cui De Sac
plan (Ex. C).
C. Based on additional comments we have ensured that the community will not be linear and
that tront doors will not face each other.
D. Through Street - Minimum Lot Size 5,111 and the Maximum Lot Size 7,900 and the
Average Lot Size is 6,102.
E. Dual CD Sac Street - Minimum Lot Size 5,221 and the Maximum Lot Size 8,311 and the
Average Lot is Size 6,314.
~ Compatibility / Transition:
A. Homes East and South are on 5,000 sq. ft., Zero Lot Line and range from 1,297 sq.ft. to
1,889 sq.ft.
B. Homes West are on 7,000 sq. ft. lots and range trom 1,638 sq.ft. to 2,777 sq.ft.
~ Architecture:
A. 3 floor plans ranging trom 2,056 sq. ft. to 2,370 sq. ft.
B. 2 elevations SANTA BARBARA MISSION AND CALIFORNIA CRAFTSMAN
C. 3 color schemes
D. Ability to have 3 -5 bedrooms, 2 Y:. bath and 2 or 3 car garage.
~ Biology:
A. Site was previously mass graded and revegatated with draught tolerant sage scrub.
B. US Fish and Wildlife, Calif. State Fish and Game, Recon and private consultant have
reviewed site and found site not to be significant habitat.
C. Mitigation is 4.25 acres and costs $6,500.00/acre plus $350.00 management fee.
D. Monitoring will occur if the clear and grub is during Gnatcathcer nesting season.
E. HCP permit has been approved and issued by U.S. Fish and Wildlife.
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COUNCIL AGENDA STATEMENT
ITEM /7
-
MEETING DATE 5/26/98
ITEM TITLE: R I' 19¿J17 . .... th S fC II. .
eso utIon approving particIpatIOn In e tate 0 a I ornla
Procurement Card Program (CAL-Card).
SUBMITTED BY: Director ofFinanc~ ~
REVIEWED BY: City Manage~ ~ /'? (4/Sths vote: Yes_NoX)
The City of Chula Vista has an opportunity to improve the way it does business through participation
in the State of California procurement card program (CAL-Card). The CAL-Card program
streamlines current procurement methods, responsibly manages expenses, and reduces operating
costs. This program offers the City effective control and monitoring of acquisitions while reducing
the time and papelWork associated with traditional small dollar transactions.
RECOMMENDATION: That Council adopt the resolution approving participation with the State
of California in a procurement card program with US Bank National Association.
BOARDS/COMMISSION RECOMMENDATION: Not applicable.
DISCUSSION: The state has participated in a procurement card program with US Bank National
Association since September, 1992. The first three years of the program was done as a trial project.
As a result of the highly successful implementation, the program has been extended through the year
1999, with an option to renew for two additional years. Strict controls are in place, and the State
Controller's Office has both approved and endorsed the use of procurement cards. The program is
patterned after the federal government I.M.P.A.C. (International Merchant Purchase Authorization
Card) system.
The program now has approximately 250 participants, including 95 state agencies and 50 cities.
Over 14,500 cards have been issued, accounting for approximately 62,000 transactions per month,
amounting to more than $11.7 million dollars in expenditures. Locally, the Cities of San Diego,
Carlsbad, La Mesa, EI Cajon, Santee, Escondido, Vista, and the County of San Diego are Cal Card
program participants. National City expects to participate by July of this year.
The City of Chula Vista handles small dollar requests via petty cash, direct payment, or purchase
order. All three of these methods require an inordinate amount ofpapelWork relative to the small
dollar amount of the purchase involved. A procurement card system would provide an efficient and
more cost-effective alternative for filling small dollar requests.
A procurement card is a VISA charge card with enhanced controls and management data reporting
capabilities. The card is issued to the City in an individual's name; however, the City is responsible
for all payments. A separate approving authority is designated for each cardholder. Initially, only
17-/
Page 2, Item -
Meeting Date 5/26/98
the City Manager and Purchasing and Stores staff would receive procurement cards. Following
additional evaluation, the program may be expanded to include additional cardholders at the
discretion ofthe City Manager.
Transaction limits and monthly limits are pre-programmed for each card as they are issued by the
bank. Merchant classifications may be designated to further limit card usage. Cash advances and
A TM withdrawals are not allowed. Employees making unauthorized purchases will have card
privileges withdrawn, as well as be required to reimburse the City.
Limits would be set at $500 for individual items and $2,500 per transaction. These limits
respectively correspond to the current valuation of capital equipment and the threshold for soliciting
infonnal bids. Prohibited items would include contract items and storeroom stock.
Monthly statements are sent to each cardholder, approving authority, and Accounts Payable. The
cardholder reconciles the statement and forwards it to the approving authority. The approving
authority reviews and approves the statement, then forwards it to Accounts Payable. A monthly,
lump-sum payment for all cardholders is then made to US Bank National Association.
Procurement cards would streamline the small order process, speed-up transactions, improve vendor
relations, and reduce costs. Benefits of a procurement card system include:
. Reduced Acquisition Costs. CalTrans has demonstrated a $16.47 savings per transaction. An
Employment Development Department study revealed a 17% savings when using the procurement
card compared to traditional purchasing methods. Overall, the state has realized a net cost savings
of $24.49 per purchase.
. Reduced Acquisition Time. State agencies have decreased processing time for small dollar
transactions by 49% using the procurement card system.
. Reduced Paperwork. One invoice would be sent monthly to cover all statements. One payment
would be issued to pay the invoice. Fewer purchasing transaction methods would result in less
filing.
. Expanded Vendor Base. Procurement cards would increase the number of vendors doing
business with the City. Vendors who don't accept purchase orders may accept a VISA card. The
City could target more local vendors through use of the card. Furthennore, some vendors offer cash
discounts when using the card.
. Management Information Reports. Management reports make it easy to analyze purchasing
patterns and identify ftequently used suppliers. As a result, volume discounts may be negotiated to
obtain favorable pricing. Management reports are also used to monitor cardholder acquisitions.
/7"'".2-
Page 3, Item-
Meeting Date 5/26/98
. Convenience. The City would have forty days to pay monthly invoices. With the procurement
card system, fewer cash transactions (petty cash) would occur, there would be less direct payments
and fewer small dollar purchase orders issued. Departments would also receive their orders more
quickly through faster processing.
. Emergency Transactions. Card limits may be temporarily raised to acquire supplies and/or
services needed in emergency situations. Limits could only be raised by the Program Coordinator
(purchasing Agent) and only in instances involving health, welfare, or public safety.
. Effective Controls, There is a triple review for each purchase. The employee making the
purchase is not the person approving the statement; a third employee authorizes payment.
Procurement cards have become a standard, accepted practice in both the public and private sectors.
Checks and balances have been carefully structured to counter any fraud or misuse. In fact, the audit
capability of the procurement card program equals or exceeds that for purchase orders.
Local public agencies participating in the program have experienced virtually no problems. The City
of San Diego has been able to reduce paperwork, improve delivery times, and shorten the payment
cycle. The City of Carlsbad has issued over 175 cards and has been able to eliminate many blanket
orders. The City of Escondido has participated in the Cal Card program for the past year and
characterizes the experience as "very successfuL"
FISCAL IMP ACT: Total cost to the City would be 1/10 of I % for all transactions. This is a state
mandated charge for contract administration and equates to $1 for every $1,000 of purchases. There
are no card charges or fees payable to US Bank National Association. Program costs would be more
than offset by increased operational efficiencies.
/7-J
RESOLUTION NO. /9 tJ / ?
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING PARTICIPATION IN THE
STATE OF CALIFORNIA PROCUREMENT CARD PROGRAM
WHEREAS, the state has participated in a procurement card
program with US Bank National Association since September, 1992;
and
WHEREAS, strict controls are in place, and the State
Controller's Office has both approved and endorsed the use of
procurement cards with the program patterned after the federal
government International Merchant Purchase Authorization Card
system; and
WHEREAS, the program now has approximately 250
participants, including 95 state agencies and 50 cities with over
14,500 cards having been issued, accounting for approximately
62,000 transactions per month, amounting to more than $11.7 million
dollars in expenditures; and
WHEREAS, as the result of a competi ti ve process, the
State of California has entered into a Master Service Agreement
(MSA) with US Bank National Association to administer a procurement
card program that the City can participate in on a cooperative
basis.
NOW, THEREFORE, BE IT RESOLVED the city Council of the
City of Chula Vista does hereby approve participation in the State
of California Procurement Card Program with US Bank National
Association.
Presented by
Approved as to form by
Robert Powell, Director of
Finance
C:\rs\procure.car
/7--i
COUNCIL AGENDA STATEMENT JgJ
Item
Meeting Date 05/26/98
ITEM TITLE: RESOLUTION ) 1 ð / ~ APPROVING THE INOUSTRIAL LANO TASK FORCE
RECOMMENOATIONS ANO OIRECTING STAFF TO IMPLEMENT
SUBMITTED BY: C~m"";~ '...I",moot o;~S '
REVIEWED BY: City Managert)R ~ --? (4/!iths Vote: Yell No_I
BACKGROUND:
In 199B, the EDC expressed concerns to Council regarding the City's decreasing industrial land supply. On
October 9, 1997, staff presented a report regarding the lack of adequate industrially zoned land in Chula
Vista at a joint Planning Commission/City Council Workshop. The report addressed the decreasing supply
of "deliverable" industrial acreage and the increasing industrial demand (including high tech and R&D) both
in the City of Chula Vista and county-wide. The report discussed 1) the importance of providing for
industrial uses, 2) existing Chula Vista industrial development strategies and marketing efforts, 3) concerns
regarding the City's ability to meet current and future demand, and 4) recommendations to address land
inventory shortages. Public testimony was received. Members of the Planning Commission and Council
suggested that the Economic Development Commission (ED C) establish a Task Force to review the issues
discussed at the workshop (including developers' concerns regarding City fees and processing) and that staff
and the Task Force return to Council with recommendations. An Industrial Land Task Force was formed,
chaired by the EDC Chair, and composed of the Planning Commission Chair, the Mayor, and 5 EDC
Commissioners (see Attachment 1). The Task Force held four meetings and developed the recommendations
presented within this report. Staff supports the recommendations.
RECOMMENDATION: That Council adopt the Resolution approving the Chula Vista Industrial land Task
Force recommendations (see Section III.B., page 7) and direct staff to implement.
BOARDS/COMMISSIONS RECOMMENDATION: In October 199B, the EDC submitted a letter to
Council expressing concern regarding the diminishing supply of Chula Vista industrial acreage. On May B,
199B, the EDC voted (B.0-3; Commissioners Lewis, Reynolds, and Rubin absent) to approve the Industrial
land Task Force recommendations.
DISCUSSION:
I. INDUSTRIAL LAND WORKSHOP
At the October 9 Workshop staff presented a comprehensive Issue Paper addressing industrial land shortages
in Chula Vista (see Attachment 2). Staff and members of the Economic Development Commission expressed
concern regarding the disconnect between Council.approved economic development strategies and related
marketing activities, the resulting demand from industrial users, and the growing inability of the City to
deliver land to meet these users' needs. The City's land shortage, as presented in the Issue Paper and as
updated to reflect real estate transactions since that time, is illustrated in the two tables below:
/8'---/
Page 2. Item -
Meeting Date OS/26/98
TABLE I
VACANT INDUSTRIAL LAND
(INCLUDES ALL PARCELS, INCLUDING THOSE NDT READILY DELIVERABLE,
AND THDSE NOT MARKETABLE TO TARGETED INDUSTRIES.)
I ISSUE PAPER UPDATED
OCTOBER 1997 MAY 1998
EXISTING PROJECTEO PROJECTEO EXISTING PROJECTEO PROJECTEO
IMPROVEO IMPROVEO UNIMPROVEO IMPROVEO IMPROVEO UNIMPROVEO
ACREAGE ACREAGE ACREAGE ACREAGE ACREAGE ACREAGE
WESTERN AREA
"Central" IHwy 54} 18 18 0 13' 13 0
Bayfront IPort properties) 45' 0 to 452 0 45 0' 0
Southwest/Montgomery 92 92 0 80' 80 0
EASTERN AREA
Eastlake Business Center 40 IPhl) 22 IPhl}' 0.25 {Ph21" 10 {Phl}" 10 !PhIl 0.25 IPh2}
Rancho del Rey Business Center 11 8' 0 314 3 0
Otay Rio Business Park 32 0' 0 32 0 0
Otay Valley Road 90' 40.50" 0 90 40-50 0
Otay Ranch, 18b & Village 3 0 0 232 0 0 232
Sunbow 0 0 2312 0 0 23
SOG&E 30 30 0
TOTAL 328 180-235 255-280 303 176-186 255.280
NOTE:
"Improved" properlies are served by public improvemenls (road access, sewer, water, etc.).
"Projected" number reflect near.term "losses" due to anticipated non-industrial uses.
1 Includes lots 1, 2, 5, 6, 7, 9 and 10 of the Port ~istrict Tidalands property li.e. "IOEC site" and 2 adjacent parcels; and J St/Marina Pkwy parcell.
z Reflects Port's rezoning of Tidelands to allow for non-industrial uses; up to 45 acres could be developed as non.industrial ("lost").
3 Reflects ongoing construction 01 Sweetwater Demineralization Facility Ion 5 acresl.
4 Reflects rezone of 12 acres to Commercial (Greenwald site/County HHS building).
5 Reflects Port's change in approach, i.e. to develop the Bayfront for non-industrial uses.
6 Includes following properties: 30 ac. Darling Delaware; 10 ac. Davies; 17 ac. Sexton; 23 ac. Borst; and 10 ac. Cushman.
7 Reflects 9 acres in escrow (including I.N.S.) and 9 acres in reserve for WRBC.
8 Reflects proposed 3 acre speculative industrial.
9 Reflects anticipated rezone to commercial/entertainment
10 Reflects anticipated use of 20-30 acres (Borst) for Auto Park Phase II and 20 acres le.g. Davies and/or Darling Delaware) re20ned for support commercial.
11 Reflects Eastlake's proposal to rezone all or part of Phase II to residential.
IZ Reflects proposed partial rezoning to park use.
13 Reflects sale of 2 acres to Sunrise Jewelry Manufacturing, 5 ac. to INS; and pending sales (in negotiations or escrow} of 23 acres for speculative high.imaga
industrial space. /8'..-,2
14 Reflects 3 ac. sale for speculative industrial, 2 ac. for University of Phoenix, and 3 acres for theater.
. " . I -- .
Page 3. Item -
Meeting Date 05/26/98
While Table I shows a projected 181.191 acres of "improved" Dr "finished" industrial properties, very few
of these sites are readily deliverable (able to be permitted and developed within a normal. competitive
timeframe) and therefore marketable. The vast majority are handicapped by environmental constraints,
blighted conditions, unwilling sellers, Dr inadequate parcel size. ONLY NINE (9) IMPROVED SITES ARE
LARGER THAN FIVE ACRES AND DELIVERABLE. NONE OF THESE ARE LOCATED WITHIN AN
UPSCALE BUSINESS PARK. The 9 deliverable sites are identified in Table II below, and in the map in
Attachment 3.
TABLE II
DELIVERABLE INDUSTRIAL SITES 5 ACRES OR LARGER
PER ISSUE PAPER UPDATED
DCT. t997 MAY t998
# OF # OF
AREA PARCELS ACREAGE PARCELS ACREAGE
EASTLAKE PHASE I 1 5.5 0 0
RANCHO DEL REY 1 5 0 0
BAYFRONT 3 32 0 0
CENTRAL 1 5 0 0
OTAY VALLEY ROAO 3 46 4 62
SOUTHWEST 6 45 5 33
TOTALS 15 138.5 9 95
At the workshop, staff summarized the land supply situation at that time as follows:
8 After years of inactivity, industrial demand has shot upward and is projected to continue to increase
regionally and in Chula Vista.
8 Due to major uncertainties regarding future land use policies of areas currently zoned industrial.
including the Bayfront, SDG&E, EastLake Business Center Phase II, Otay Rio Business Center, and
Sunbow Business Park, staff is unable to pro actively and effectively respond to companies' site
searches.
8 Very few existing industrial zoned properties are readily deliverable due to land use issues,
environmental contamination issues, unwillingness/reluctance of the owner to sell, inadequate parcel
size, and/or other barriers to development.
8 Over 200 acres of industrial land have been rezoned to non.industrial uses since 1993; and up to an
additional 350 industrial acres are anticipated to be "lost" in the near future, including Otay Rio
Business Park's remaining 32 acres; EastLake Business Center Phase II (up to 100 ac.); Sunbow
Business Park (up to 40 ac.); and potentially, Otay Valley Road properties (to support the water park
and amphitheatre).
8 Only 3 deliverable sites larger than 10 acres exist in the City: 1) the Port District's "IDEC" site; 2)
Port District's 15 acres at J Street and Marina Blvd.; and 3) the Borst property east of the Auto Park.
/%<3
Page 4, Item -
Meeting Date 05/26/98
Today. 7 months later. the readily deliverable. marketable SUDDlv is even less. and can be summarized as
follows:
8 The entire Port District Tidelands property, although zoned to allow industrial, is no longer being
marketed to industrial users. (Note: The Port has withdrawn its offer to IDEC.)
8 The Port is considering buying the SDG&E property; it is not known if industrial uses will be permitted.
8 Negotiations are still ongoing between the City and Sunbow to convert part or all of the 40 ac.
Business Park to park uses.
8 The only upscale Business Park in Chula Vista is the Eastlake Business Center (the City's High
Tech/Biotech Zone). However, Eastlake Business Center Phase I now has minimal remaining property.
The availability of Phase II (100 ac. gross) remains unclear and therefore Phase II remains
unmarketable (staff has been most recently advised by Eastlake that the City may market the 20.30
acres adjacent to Phase 1; however, for the past few years this position has been inconsistent).
8 It is still anticipated that the remaining Otay Rio industrial property will be rezoned commercial to
support the Water Park and Amphitheatre.
8 The owners of Otay Ranch Village 3 and Section ISb are not interested in marketing their industrial
property at this time (and the site lacks major physical infrastructure).
8 Rancho del Rey Business Center is now essentially built out.
8 Industrial properties in the Southwest Project Area continue to suffer from serious impediments to
development, including very small and irregular.sized parcels, blighted buildings, and environmental
problems.
8 On the positive site, the Sexton. owned property on Otay Valley Road has become available due to the
withdrawal of the solid waste transfer station proposal.
Bottom line Today: Chula Vista has only.!! deliverable {vacant, improved, and
unencumbered} industrial sites larger than 5 acres (see Table 11), and only two deliverable
sites larger than 10 acres (the 20 acre Borst property east of and adjacent to the Auto
Park, and the 17 acre Sexton property on otay Valley Road). Only two industrial buildings
remain available with more than 50,000 sf (Nellcor Bldg. and 666 l Street); however, both
are in serious negotiations, which would leave the City with ill! large industrial building in
its current inventory.
At the workshop, staff recommended that Council consider redirecting the City's industrial development
strategies and related marketing activities, or preferably, that Council:
8 Preserve the existing High Tech/Biotech Zone (within the Eastlake Business Center) and its existina
industrial land use designation
8 Evaluate the feasibility of creating Overlay Zones to allow for emerging light industrial uses within
commercial areas (for example, industrial R&D, software manufacturing)
/ff"~
----..
Page 5. Item -
Meeting Date OS/26/98
. Direct staff to analyze the impact of each specific proposed application to change industrial land in
relation to the City's economic development strategies
. Direct staff to return with recommendations regarding preserving the existing industrial land inventory
and appropriate opportunities for rezoning nonindustrial land to an industrial designation
. Provide staff with Council's vision regarding the future role of industrial development within the
Bayfront, Otay Valley Road, and the Southwest Project Area
The new Industrial land Task Force recommendations are delineated in Section III.B. (pg. 7) and
are consistent with the above. Staff supports the Task Force recommendations.
II. CURRENT INDUSTRIAL MARKET DEMAND
A. REGIONAL SHORTAGE' SDEDC INDUSTRIAL lAND COMMITTEE
At the joint workshop, staff discussed the changing economy and the rapidly increasing industrial demand,
both regionally and locally. Staff noted that in 1990 less than 100 acres were sold in all of San Diego
County. In 1997, approximately 980 acres were sold by mid year and land prices had nearly doubled.
Today, regional experts are warning that land has all but disappeared in the most desirable high tech areas
of Torrey Pines, Sorrento Mesa and Carlsbad (with prices in the $14.00 sf range); virtually all other areas
are also essentially sold out (e.g. Oceanside, Escondido, San Marcos), or have no deliverable land (e.g.
Miramar). land is still available in Poway and Otay Mesa, including large parcels. (land in Poway is selling
for approximately $6.00 psf plus up to $3.00 in assessments.) There are approximately 400 acres of
deliverable lots available in Otay Mesa (with prices ranging from $4.50 to $6.00 plus up to $1.80 in
assessments). Typical uses are manufacturing, warehouse and distribution. (See Articles, Attachment 4.)
Regional officials are taking note of what is being called by some the industrial land crisis. SANDAG and
the SDEDC have formed a Regional Industrial land Committee which is charged with: 1) developing an
industrial land inventory (improved and unimproved); 2) identifying areas in the region suitable for business
park development; 3) identifying potential redevelopment opportunities; and 4) developing policy
recommendations regarding increasing the supply. (Chula Vista is represented on this Committee by
Economic Development staff.) The City of San Diego and the City of Oceanside are updating their Zoning
Code to allow greater flexibility of uses, including light industrial in commercial zones. San Diego has also
identified up to 300 acres that could be rezoned industrial, and various sources indicate that it is seeking
to establish a Biotech Business Park in Otay Mesa.
B. RECENT CHUlA VISTA ACTIVITY
The EDC, the Industrial land Task Force, and staff share concerns that the City has positioned itself over
the past several recessionary, inactive years to attract desirable high tech businesses but will miss the
opportunity to capitalize on those efforts if actions to preserve and expand deliverable sites are not quickly
taken. Certain landowners and developers expressed skepticism at the Council and Task force workshops
/8"--S"
Page 6, Item -
Meeting Date 05/26/98
that Chula Vista would experience significant demand, based upon the virtually zero absorption rate over the
past several years and the high tech industry's historical preference for North County. However, in the 7
months since the October workshop, vigorous local real estate activity has demonstrated the new market
reality. During that time the following transactions have occurred:
. Raytheon, an international Fortune 100 aerospace firm, acquired the "RTA building" (102,000 s.f.; 250
employees) and is currently adding an additional 20,000 s.f.
. Eastlake has 91 % of its Phase I Business Center either sold or in escrow (see Map, Attachment 5).
Among the proposed developments are:
. A 160,000 s.f. corporate-image, light manufacturing facility in Eastlake Business Park, Phase I
. Additional "Spec" industrial buildings (in planning stages)
- Relocation/expansion of the Sunrise Jewelry manufacturing facility (from Rancho del Rey)
. Two companies (one high tech; both confidential! are looking at 666 l Street (112,000 s.f.)
. A high.image, 165,000 s.f. "spec" office complex in the Eastlake Village Center
. Three companies (one environmental technology; one jewelry manufacturer; one confidential! are looking
at the vacant Nellcor building in Eastlake (90,000 s.f., including "dean rooms")
. A confidential development proposal is being reviewed by staff which includes significant R&D space
. Pima [Medical Vocational School] has leased a major portion of 780 Bay Blvd.
. A 61,000 s.f. high.image, "spec" industrial building has been built in Rancho del Rey
. Plenums +, an air duct manufacturer, purchased a 42,000 sf facility at 67 Brisbane
III. CHULA VISTA INDUSTRIAL LAND TASK FORCE
A. MEETINGS AND PUBLIC INPUT
Members of the Planning Commission and Council suggested that the EDC form a Task Force to respond
to the issues raised by staff and the public at the Workshop. The EDC formed the Task Force (see
Attachment 1) which held four (4) meetings. The second meeting was directly noticed to all identifiable
local industrial landowners and developers, and well as locally active commercial/industrial real estate
brokers, to solicit their input. Representatives of two local landowners/developers expressed concerns
regarding: 1) the lack of previous absorption in Chula Vista and the uncertainty of future demand; 2) the
City's need for an "industrial policy" and industry targeting; 3) the high costs of local fees; 4) the need to
improve customer service to businesses; 5) the need for SR 125; 6) the need to build on existing clusters
and to offer incentives; and 7) the SDEDC's call for the creation of a 200.300 acre Biotech Business Park
within the County. Active brokers discussed the serious shortage of industrial land throughout the County,
the shortage of land for sale in the Southbay, and particularly the lack of large parcels. Brokers discussed
the emerging opportunities for Chula Vista based upon the build out of industrial areas elsewhere and
increased land prices County-wide, making local prices highly competitive. (Example: Miramar property
selling for $14.00 s.f.; was $5.00 only one year ago.)
/%/~
Page 7, Item -
Meeting Date 05126198
In subsequent meetings, the Task Force discussed the issues raised by the public as delineated above. The
Task Force further discussed: 1) existing Chula Vista "industrial policies" and targeting strategies (including
the High Tech/Biotech Zone, BECA and others); 2) existing incentives which have been marketed but lack
land to successfully implement; 3) the difficulties associated with much of Chula Vista's industrial inventory;
and 4) the dramatic increase in business inquiries and industrial property transactions. The Task Force
concluded that while concerns pertaining to development impact fees and customer service were important
to address, the initial focus should remain on land availability; essentially that unless land shortages are
remedied, fees and permit streamlining become moot. However, the Task Force is recommending that the
development fee and permitting. related issues be referred back to the EDC for their consideration regarding
how to handle.
B. TASK FORCE RECOMMENDATIONS
The Task Force is submitting the following "Mission Statement" and recommendations for Council review
and adoption. The recommendations have been divided into three (3) categories. 1) Marketing, 2) land
Supply, and 3) Fees and Customer Service.
8 Mission Statement
To 10ENTIFY ECONOMIC OEVELOPMENT ACTIVITIES AS A PRIORITY FOR THE CITY, INCLUDING THE RECRUITMENT
OF TARGETED, HIGH TECHNOLOGY, HIGH PAYING ANO ENVIRONMENTALLY.FRIENOLY INOUSTRIES, ANO TO ENSURE
THAT THE CITY HAS AOEQUATE RESOURCES TO ACHIEVE TARGETEO INOUSTRY GOALS, INCLUDING SHORT ANO LONG
TERM DElIVERABLE LA NO SUPPLY, AOEQUATE MARKETING TOOLS, COMPETITIVE BUSINESS INCENTIVES, REQUISITE
INFRASTRUCTURE, ANO A BUSINESS FRIENOLY OEVElOPMENT REVIEW PERMITTING PROCESS.
8 TARGETED INDUSTRIAL MARKETING EFFORTS:
1. REAFFIRM EXISTING BUSINESS ATTRACTION, RETENTION, ANO EXPANSION STRATEGIES WHICH CURRENTLY TARGET
BIOTECHNOLOGY MANUFACTURERS, OEFENSE/AEROSPACE FIRMS, IMPORT/EXPORT FIRMS, ANO OTHER HIGH GROWTH,
HIGH TECHNOLOGY COMPANIES EMPLOYING HIGHLY PAlO WORKERS.
TIMEFRAME: IMMEDIATE
2. REAFFIRM ONGDING ECONOMIC OEVELOPMENT MARKETING EFFORTS TO ATTRACT INOUSTRIAl/R&D OEVELOPERS ANO
USERS TO THE FOLLOWING AREAS CURRENTLY ZONEO FOR INDUSTRIAL:
A. HIGH TECH/BIOTECH ZONE AT THE EAST lAKE BUSINESS CENTER, PHASE I AND II;
B. DTAY VALLEY ROAD; AND
C. OTAY RANCH, VILLAGE 3 & 18B. TIMEFRAME: IMMEDIATE
J8"~?
. ..~ "'" "" In". '-'NH" ""rlllniNO K A'""" <mi'
Page 8. Item -
Meeting Date OS/26/98
. INDUSTRIAL LAND SUPPLY:
1. ADOPT A POLICY DISCOURAGING THE USE OF INDUSTRIALLY ZONED LAND FOR NON-INDUSTRIAL USES AND REDUIRING
INDIVIOUAL APPLICATIONS TO CONVERT INDUSTRIAL LAND, SUCH AS GENERAL PLAN AMENDMENTS, REZONES, DR
CUP's, TO INCLUDE:
A. AN INDUSTRIAL DEVELOPMENT IMPACT ANALYSIS; AND
B. EDC REVIEW PRIOR TO PLANNING COMMISSION CONSIDERATION, AS APPLICABLE.
TlMEFRAME: WITHIN 1 MONTH
2. REAFFIRM THE CITY'S INTENT TO PRESERVE THE HIGH TECH/BIOTECH ZONE BY MAINTAINING THE EXISTING
INDUSTRIAL LAND USE DESIGNATION IN THE EASTlAKE BUSINESS CENTER PHASES 1 AND 2.
TIMEFRAME: IMMEDIATE
3. DIRECT STAFF TO EVALUATE THE EXISTING IR (INDUSTRIAL RESEARCH) ZONE TO ENSURE THE FLEXIBILITY NEEDED TO
ACCOMMODATE NEW, TECHNOLOGY, AND INFDRMATIDN.BASED INDUSTRIES AND TO RECOMMEND AMENDMENTS TO
COUNCIL AS APPROPRIATE. TIMEFRAME: WITHIN 6 MONTHS
4. EVALUATE THE FEASIBILITY OF APPLYING THE IR ZONE (AS AMENOED) AS AN OVERLAY ZONE TO ALLOW FOR LIMITED
R&O/lIGHT INOUSTRIAL USES WITHIN CERTAIN COMMERCIAL AREAS WITHIN THE CITY INCLUDING, BUT NOT LIMITED
TO:
A. EASTlAKE VILLAGE CENTER (INCLUDING KAISER SITE);
B. OTAY RANCH EASTERN URBAN CENTER ANO VILLAGES 9 AND 10 (UNIVERSITY SITE);
C. BAY FRONT (MIDBAYFRONT, PORT ANO B.F. GOOORICH SITES);
O. BROAOWAY;
E. TOWN CENTRE I PROJECT AREA; (3RD AVENUE);
F. SOUTHWEST PROJECT AREA (MAIN ST.);
ANO RETURN TO COUNCIL WITH SPECIFIC RECOMMENDATIONS REGARDING THE USE OF SUCH OVERLAY ZONES.
TIMEFRAME: WITHIN 6 MONTHS
5. DIRECT STAFF TO EVALUATE LA NO USES CITYWIOE TO IDENTIFY POTENTIAL AREAS FOR REZONING TO INDUSTRIAL
INCLUDING, BUT NOT LlMITEO TO:
A. OTAY RANCH VILLAGE 2 (ONLY THAT PORTION WITHIN THE 1.000 FT. LANOFILL BUFFER) AND VILLAGE 2 WEST,
AND REPORT RECOMMENDATIONS TO COUNCIL
TIMEFRAME: WITHIN 12 MONTHS
6. DIRECT STAFF TO EVALUATE THE POTENTIAL FOR ANNEXING LA NO TO THE SOUTH OR EAST TO PROVIDE FOR
AODITIONALINDUSTRIAL LA NO INVENTORY ANO REPORT RECOMMENOATIONS TO COUNCIL
TIMEFRAME: WITHIN 12 MONTHS
J8'/~
Page 9, Item -
Meeting Date OS/26/98
7. DIRECT STAFF TO WORK PRO ACTIVELY WITH OEVELOPERS WHEN NEGOTIATING OR RENEGOTIATING PUBLIC FACILITY
FINANCING PLANS, ANO RELATEO PHASING REOUIREMENTS AT THE SPA LEVEL, TO ENSURE THAT IMPROVEMENTS
SERVING INDUSTRIAL/R&D AREAS, INCLUDING BUT NDT LIMITED TO TRANSPORTATION.RELATED INFRASTRUCTURE, ARE
PROVIDED IN THE MOST TIMELY FASHION FEASIBLE.
TIMEFRAME: CONTINUALLY
. FEES AND CUSTOMER SERVICE:
1.1 DIRECT THE ECDNDMIC DEVELDPMENT COMMISSION TO CDNSIDER APPROACHES THE CITY MAY WISH TO TAKE TD
ADDRESS FEES AND CUSTOMER SERVICE AND REPDRT RECDMMENDATIDNS TO COUNCIl.
TIMEFRAME:WITHIN 4 MONTHS
FISCAL IMPACT: Adoption of the recommendations are expected to have a positive, long term fiscal
impact on the City. There are no direct costs to the City associated with the recommendations other than
staff time. Several items would entail substantial staff time to implement.
ATTACHMENTS
1 - Industrial land Task Force Roster
2 - "lack of Adequate Industrial Zoned land" Issue Paper :;z~-;j~ f
3 - Map - Deliverable Industrial Sites 5 Acres or larger
4. Articles
5. Map - Eastlake Business Center Phase I <ð~~
H,IHOMEICOMMOEVISTAFF.REPI05.26.98ITask For" Recommendations [Mav 20. 1998 14,21'0111
/g--~
RESOLUTION NO. /9¡J/~
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA
VISTA APPROVING THE INDUSTRIAL LAND TASK FORCE
RECOMMENDATIONS AND DIRECTING STAFF TO IMPLEMENT
WHEREAS, on October 9, 1997, staff presented a report regarding the lack of
adequate industrially zoned land in Chula Vista at a joint Planning Commission/City Council
workshop; and
WHEREAS, the report addressed the decreasing supply of "deliverable industrial
acreage and the increasing industrial demand both in the City of Chula Vista and county-wide; and
WHEREAS, the Planning Commission and Council requested that the Economic
Development Commission (EDC) establish a Task Force to review the issues discussed at the
workshop and that staff and the EDC return to Council with specific recommendations; and
WHEREAS, an Industrial Land Task Force was formed, composed of the EDC Chair,
the Planning Commission Chair, the Mayor, and 5 EDC Commissioners; and
WHEREAS, the Task Force held four meetings and developed the following
recommendations:
. TARGETED INDUSTRIAL MARKETING EFFORTS:
1. REAFFIRM EXISTING BUSINESS ATTRACTION, RETENTION, AND EXPANSION STRATEGIES WHICH
CURRENTLY TARGET BIOTECHNOLOGY MANUFACTURERS, DEFENSE/AEROSPACE FIRMS, IMPORT/EXPORT
FIRMS, AND OTHER HIGH GROWTH, HIGH TECHNOLOGY COMPANIES EMPLOYING HIGHLY PAID WORKERS
2. REAFFIRM ONGOING ECONOMIC DEVELOPMENT MARKETING EFFORTS TO ATTRACT INDUSTRIAL/R&D
DEVELOPERS AND USERS TO THE FOLLOWING AREAS CURRENTLY ZONED FOR INOUSTRIAL:
A. HIGH TECH/BIOTECH ZONE AT THE EASTLAKE BUSINESS CENTER, PHASE I AND II;
B. OTAY VALLEY ROAD; AND
C. OTAY RANCH, VILLAGE 3 & 1 BB
. INDUSTRIAL LAND SUPPLY:
1. ADOPT A POLICY DISCOURAGING THE USE OF INDUSTRIALLY ZONED LAND FOR NON-INDUSTRIAL USES
AND REQUIRING INDIVIDUAL APPLICATIONS TO CONVERT INDUSTRIAL LAND, SUCH AS GENERAL PLAN
AMENDMENTS, REZONES, OR CUP's, TO INCLUDE:
A. AN INDUSTRIAL DEVELOPMENT IMPACT ANALYSIS; AND
B. EDC REVIEW PRIOR TO PLANNING COMMISSION CONSIDERATION, AS APPLICABLE.
2. REAFFIRM THE CITY'S INTENT TO PRESERVE THE HIGH TECH/BIOTECH ZONE BY MAINTAINING THE
EXISTING INDUSTRIAL LAND USE DESIGNATION IN THE EASTLAKE BUSINESS CENTER PHASES 1 AND
2.
3. DIRECT STAFF TO EVALUATE THE EXISTING IR (INDUSTRIAL RESEARCH) ZONE TO ENSURE THE
FLEXIBILITY NEEDED TO ACCOMMODATE NEW, TECHNOLOGY- AND INFORMATION-BASED INDUSTRIES
AND TO RECOMMEND AMENDMENTS TO COUNCIL AS APPROPRIATE.
/'if---/£}
r - .
4. EVALUATE THE FEASIBILITY OF APPLYING THE IR ZONE (AS AMENDED) AS AN OVERLAY ZDNE TD
ALLDW FOR LIMITED R&D/liGHT INDUSTRIAL USES WITHIN CERTAIN COMMERCIAL AREAS WITHIN THE
CITY INCLUDING, BUT NOT LIMITED TO:
A. EASTLAKE VILLAGE CENTER (INCLUDING KAISER SITE);
B. OTAY RANCH EASTERN URBAN CENTER AND VILLAGES 9 AND 10 (UNIVERSITY
SITE);
C. BAYFRONT (MIDBAYFRONT, PORT AND B.F. GOODRICH SITES);
D. BROADWAY;
E. TOWN CENTRE I PROJECT AREA; (3RD AVENUE);
F. SOUTHWEST PROJECT AREA (MAIN ST.);
AND RETURN TO COUNCIL WITH SPECIFIC RECOMMENDATIONS REGARDING THE USE OF SUCH OVERLAY
ZONES.
5. DIRECT STAFF TO EVALUATE LAND USES CITYWIDE TO IDENTIFY POTENTIAL AREAS FOR REZONING TO
INDUSTRIAL INCLUDING, BUT NOT LIMITED TO:
A. OTAY RANCH VILLAGE 2 (ONLY THAT PORTION WITHIN THE 1,000 FT. LANDFILL
BUFFER) AND VILLAGE 2 WEST,
AND REPORT RECOMMENDATIONS TO COUNCIL.
6. DIRECT STAFF TO EVALUATE THE POTENTIAL FOR ANNEXING LAND TO THE SOUTH OR EAST TO
PROVIDE FOR ADDITIONAL INDUSTRIAL LAND INVENTORY AND REPORT RECOMMENDATIONS TO
COUNCIL.
7. DIRECT STAFF TO WORK PROACTIVELY WITH DEVELOPERS WHEN NEGOTIATING OR RENEGOTIATING
PUBLIC FACILITY FINANCING PLANS, AND RELATED PHASING REQUIREMENTS AT THE SPA LEVEL, TO
ENSURE THAT IMPROVEMENTS SERVING INDUSTRIAL/R&D AREAS, INCLUDING BUT NOT LIMITED TO
TRANSPORTATION-RELATED INFRASTRUCTURE, ARE PROVIDED IN THE MOST TIMELY FASHION FEASIBLE.
. FEES AND CUSTOMER SERVICE:
1.1 DIRECT THE ECONOMIC DEVELOPMENT COMMISSION TO CONSIDER APPROACHES THE CITY MAY WISH
TO TAKE TO ADDRESS FEES AND CUSTOMER SERVICE AND REPORT RECOMMENDATIONS TO COUNCIL.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula
Vista does hereby adopt the Industrial land Task Force Recommendations, and directs staff to
implement.
Presented by Approved as to form by
~L' ~~
Chris Salomone
Director of Community Development
[(CD} Ho\HOME\COMMDEV\RESDS\TASK IMoy 13. 1998 (2o55pmj}
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ATTACHMENT 2
LACK OF ADEQUATE INDUSTRIAL ZONED LAND
ISSUE PAPER
PREPAREO BY: COMMUNITY DEVELOPMENT DEPARTMENT
ECONOMIC DEVELOPMENT DIVISION
/l-d.-
TABLE OF CONTENTS
ISSUE PAPER
LACK OF ADEQUATE INDUSTRIAL ZONED LAND
IN CHULA VISTA
INTRODUCTION
I. THE IMPORTANCE OF INDUSTRY TO A COMMUNITY. . . . . . . . . . . . . . . . . . . . .. 1
A. "IMPORTEO"OOLLARS .......................................1
B. HIGHER PAYING JOBS ........................................1
C. "SPIN.OFF"BENEFITS ........................................2
II. ADOPTED CHULA VISTA PLANS RELATED TO INDUSTRIAL DEVELOPMENT. . . . . . .. 3
A. CHULAVISTA GENERAL PLAN ...................................3
B. ZONINGOROINANCE .........................................4
C. GENERAL OEVELOPMENT AND SECTIONAL PLANNING AREA (SPA) PLANS. . . . .. 5
D. REOEVELOPMENTPROJECTAREAPLANS ...........................7
1. Bayfront............................................7
2. Otay Valley Road ......................................8
3. Southwest ..........................................9
III. ONGOING INDUSTRIAL DEVELOPMENT EFFORTS. . . . . . . . . . . . . . . . . . . . . . . . .. 9
A. CHULA VISTA ECONOMIC DEVELOPMENT PLAN. . . . . . . . . . . . . . . . . . . . . .. 9
B. BUSINESS OUTREACH ACTIVITIES ............................... 10
C. HIGH TECH/BIOTECH ZONE .................................... 10
D. WESTERN REGIONAL BIOPROCESSING CENTER (WRBC) ................. 11
E. BORDER ENVIRONMENTAL COMMERCE ALLIANCE (BECA) . . . . . . . . . . . . . . .. 11
F. REDEVELOPMENT ACTIVITIES .................................. 12
IV. INDUSTRIAL LAND SUPPLY IN CHULAVISTA ........................... 12
A. TOTAL SUPPLY AND PROJECTED NEED............................ 12
B. lACK OF lARGE PARCElS .................................... 14
C. LIMITED BUSINESS PARKS .................................... 16
D. OTHER IMPEDIMENTS TO OEVELOPMENT .......................... 16
E. PROPOSALS WHICH COULD FURTHER ADVERSELY IMPACT INDUSTRIAL lAND
SUPPLY ................................................16
V. INDUSTRIAL DEVELOPMENT TRENDS ................................. 17
A. SANDIEGOREGION ........................................17
B. SOUTH BAY.............................................. 18
VI. HOW CAN CHULA VISTA ADDRESS THE INDUSTRIAL LAND SHORTAGE? ........ 19
A. OTHERCITlES'APPROACHES .................................. 19
B. EXISTING POLICIES REGARDING CONVERSION OF INDUSTRIAL lAND ........ 20
C. STAFFRECOMMENOATIONS ................................... 21
;1-3
ISSUE PAPER
LACK OF ADEQUATE INDUSTRIAL ZONED LAND
IN CHULA VISTA
INTRODUCTION
During the past 6 years, the San Diego region has been in an economic recession. Industrial activity has been
slow, with little to no absorption of industrial space or land. Our economy is coming back. Industrial land is
moving again. In 1992 only five acres of industrial property sold in the County. In 1996, BOD acres sold and
in just the first seven months of 1997, 700 acres have been sold for development. Today, San Diego County
is faced with a decreasing supply of "deliverable" industrial acreage (able to be developed in the immediate
future) and an increasing industrial demand which is projected to further increase in the next few years.
Currently, there are approximately 1400 acres of industrial acres available for development in the County. If
development occurs at the same pace as in 1996 and 1997, this is only a two year supply. Additionally, there
is a shortage of sites that are 20 acres or larger. According to Grubb & Ellis, there are only three areas
left in the County with property available over 20 contiguous acres. Poway, Otay Mesa and EastLake
in Chula Vista. This is critical because San Diego County has the opportunity to capture the manufacturing
end of the high tech and biotech industry which have large acreage requirements. But if the region does not
provide adequate acreage for these new facilities, the companies will leave the region and possibly the State.
As previously noted by the City's Economic Development Commission, Chula Vista faces this same dilemma on
a local scale. In 1993, a market study was prepared by William Kuelbelbeck and Associates (WKA) which
concluded that, in order to achieve a recommended 50 year supply of industrial land, 200 additional acres were
needed in the City's industrial inventory. Since that time, approximately 175 acres of planned industrial land
have been converted to other uses. Today, proposals exist to rezone even more industrial land to residential
or other non-industrial uses, leaving an extremely limited developable supply. As supply has dwindled, demand
for industrial land in Chula Vista has re-emerged at a significant level.
Community Development staff has received several recent site inquiries from companies ranging from non-
manufacturing to biotech manufacturing. In almost all cases, we have been unable to offer them a site that
meets their needs. These requests have brought to the forefront the inadequacy of deliverable and desirable
industrially zoned land in Chula Vista. Adding to the problem are impediments to development facing most
existing industrially zoned parcels, such as lack of infrastructure and costly, lengthy entitlement requirements.
It is imperative at this juncture to evaluate the need for industrial development opportunities within the City,
Chula Vista's current industrial land and building stock, and existing land use policies which impact our industrial
inventory and our ability to respond to business needs. An understanding of these issues is critical to the City's
ability to capture immediate economic development opportunities, as well as to updating and implementing an
aggressive short and long term Economic Development Strategy and Economic Development Marketing Plan.
This paper is intended to provide Council with an overview of why industrial uses are important to a community,
how Chula Vista has planned for such uses, concerns regarding an industrial land supply inadequate to meet
current and future demands, and suggested short. and long-term approaches to address this industrial inventory
shortfall.
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I. THE IMPORTANCE OF INDUSTRY TO A COMMUNITY
A. "IMPORTEO" OOLLARS
Knowing the structure of the local economy and its underlying dynamics is essential in order to
develop public policies which promote the economic vitality of a City. The local economic base is
composed of producers and consumers. Producers are the businesses which provide products or
services to individuals or other businesses. Consumers are the individuals or businesses that
purchase the product or service. Among the producers, there are a number of business sectors
ranging from manufacturing to retail trade. Producers are further distinguished by those which are
local serving (have customers within the community, such as service providers and community.
based retailers) vs. export (have customers outside of the area, such as manufacturers). Local
serving producers recirculate dollars within the region. Export serving producers, known as "primary
industry," generate products and services that can be exported outside the community and therefore
bring dollars into the region. Businesses such as manufacturers of exported products that
bring new wealth to the community are better economic engines than those that merely
recycle the same dollars.
B. HIGHER PAYING JOBS
Both commercial and industrial operations are essential for a healthy local economy. Each provide
benefits to their host city but in different ways. The primary benefit of commercial businesses is
sales tax revenue. The primary benefit of industrial businesses is the direct creation of high
paying jobs, which raise the area's standard of living. According to SANOAG's "REGIONAL
ECONOMIC PROSPERITY STRATEGY:' and using 1991 dollars, the manufacturing sector pays an average
wage of $28,093 per employee, whereas the service sector pays an average wage of $16,406.
The average manufacturing wage in San Oiego in 1994 was $35,068; and the average retail wage
was $14,929.
The significance of maintaining a strong industrial base can be illustrated by the San Diego regional
economy. The San Diego region has lost ground in its standard of living over the past decade. In
the 1970's, the San Diego region's per capita income was 15% higher than the California average
and 35% higher than the U.S. average. By the 1990's, San Diego's per capita income was less
than California's and was only slightly higher than the national average. (At the same time, San
Diego's cost of living is 20% higher than the national average.) In terms of average annual wages,
San Jose ranks highest of the 311 metropolitan areas in the U.S. with an average annual wage of
$42,409; San Diego County's average annual wage is $27,845; Chula Vista's is $28,371.
As a result, the 1994 SANDAG Economic Prosperity Strategy emphasizes the need to encourage
"high value added employment" as provided by manufacturers. Accordingly, the San Diego region
has adopted a strategy to target high technology industry clusters whose wages are significantly
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higher than the regional average. These industries represent an opportunity to create sustainable
economic prosperity in the region. The chart below illustrates the income levels of certain of these
targeted industries.
# EMPLOYED AVERAGE WAGE.
INDUSTRY % HIGHER THAN
IN REGION REGIONAL AVERAGE
Telecommunications 12,000 68%
Biotechnology 24,000 40%
Electronics Manufacturing 22,000 56%
Defense Manufacturing 21,000 41%
Software 10,000 69%
Chula Vista has, for the past few years, targeted the biotech industry and the environmental
technology industry, based upon our ability to offer advantages to these clusters and the benefits
these value. added, high paying employers can bring to our City.
C. "SPIN.DFF" BENEFITS
In addition to new quality jobs created directlv by industry, industrial businesses generally also have
greater "spin off" benefits, i.e. jobs and revenue generated indirectlv by the new business. For
example, both the new business and its employees will require additional goods and services, which
in turn will create the need for more workers and generate more tax revenues.
Multipliers are commonly used in determining the number of "spin.off" jobs generated by an
employer. Multiplying the number of jobs at the new facility by the appropriate multiplier provides
an estimate of the total impact on employment in the region. For example, an industrial company
hiring 100 new employees, with a multiplier of 2.1, is estimated to indirectly create an additional
210 jobs, for a total of 310. The California Trade and Commerce Agency multipliers below
illustrate the diHerence between industrial and commercial job creation.
INDUSTRIAL MULTIPLIER RETAIL MULTIPLIER
Electronic equipment 2.10 Wholesale Trade 1.48
Electronic components 1.87 Retail Trade 1.41
Aerospace 1.71 Eating Places 1.33
SANDAG's emphasis on Value.Added Employment pertains not only to wage levels, but also to
employee.related taxes and growth management. SANDAG's study indicates that the service
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sector pays 40% less in taxes per employee than does the manufacturing sector. This means
public revenues per capita are greater from manufacturing employers. In terms of growth
management, SANOAG indicates that for every $1 million increase in demand for "services,"
the region requires more than 2.1/2 times the number of employees than it does for
producing "goods." Thus, there is less population growth to manage (plus greater public revenues
and higher wages. for a higher standard of living).
II. ADDPTED CHULA VISTA PLANS RELATED TO INDUSTRIAL DEVELDPMENT
Several planning and policy documents have been adopted by the Chula Vista City Council which address
the need for industrial development, as well as related goals and strategies for encouraging industrial
recruitment and expansion. In order to put this analysis of industrial inventory in context, these existing
plans are summarized below.
A. CHULA VISTA GENERAL PLAN
Land Use Element
The General Plan's Land Use Element contains 10 goals. Goal #1 pertains to the "Economic Base
of the City," and states the need to "have a large and diversified economic base, while
maintaining or increasing the existing sources of employment" Among this Goal's objectives
are:
Objective 1. "Identify potential areas for location of new light manufacturing and high
technology businesses and facilitate their development."
Objective 2. "Where land is currently occupied by marginal industrial uses, encourage
replacement by higher value-added users."
Objective 4. "Continue the orderly industrial redevelopment of the Otay Valley Road area."
Objective 5. "Provide employment opportunities in large scale planned communities such as
Eastlake, Rancho Del Ref, Sunbow and Otay Ranch. "
The General Plan's Land Use Element defines two industrial land use categories. The land use
categories are:
Research and Limited Manufacturing: "This category includes research and development, light
manufacturing, warehousing, and flexible-use buildings,
which combine the above uses with office space."
General Industrial: This category includes all uses identified for Research and
Limited Industrial plus light manufacturing operations,
large-scale warehousing, transportation centers, and public
utilities.
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The General Plan land Use Diagram provides for 2,029 acres of Research and Limited Manufacturing
and 375 acres for General Industrial (see map, Attachment 1).
Growth Manaoement Element
The General Plan's Growth Management Element identifies the following as one of 6 key concerns:
"Expanding and refining the City's economic structure so as to provide for a healthy,
regionally competitive local economy and employment basI." This key issue is expanded upon
as follows: "Development in the Eastern Territories, Bayfront and downtown revitalization all
provide Chula Vista a variety of opportunities to diversify and revitalize the City's mix of commercial
and industrial uses, supply local employment for a range of economic groups, and improve its
competitive position in the region." One of Chula Vista's more innovative efforts to integrate growth
management and economic vitality is the use of 'Economics' as one of the Threshold Standards
adopted in 1987. Among the Growth Management "Healthy Economic" policies adopted by Council
are:
Policy 2.b. HConduct a periodic economic assessment for the City as a whole to
include:
1) Profile of economic structure as relates to ... demographics and
employment base
2) Profile of surpluses and deficiencies in local economy no
4) Vacant land available for commercial/industrial/manufacturing development
6) Summary of commercial/industrial development costs and Chula Vista's
comparative (competitive) position in the region"
B. ZONING ORDINANCE
The City of Chula Vista Zoning Ordinance implements the two land Use Categories discussed above.
The Ordinance allows four industrial designations. These designations and their allowed uses are
listed below:
Limited Industrial (ll) Manufacturing, assembling and packaging products from
previously prepared materials; wholesale business; and
laboratories, among others.
General Industrial (I) Any manufacturing, processing, assembling, research,
wholesale, or storage uses, except those otherwise
prohibited.
Research Industrial (I.R) laboratories, and manufacturing and assembly of
electronic instruments and devices.
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Planned Community Industrial (PC. I). Within the master planned communities of Eastlake,
Rancho Del Rey, Sunbow and Otay Ranch, this designation
allows light manufacturing, warehousing, flexible use
buildings, public utilities, limited amounts of restaurants
and office-oriented commercial uses.
C. GENERAL DEVElOPMENT AND SECTIONAL PLANNING AREA (SPA) PLANS
General Development and Sectional Planning Area (SPA) plans for the master planned communities
of Eastlake, Rancho Del Rey, Sunbow and Otay Ranch address the need for industrial uses in order
to provide employment opportunities. These Plans which are intended to implement the City's
General Plan policies define the areas in which industry should locate. Past events and current
issues have and are impacting industrial development in these areas and are discussed below.
Eastlake I (200 acres)
The Eastlake I Sectional Planning Area (SPA) Plan was approved in 1992 as part of a larger
development area (3,073 acres). Eastlake I was designed to provide significant employment
opportunities to encourage residents to work within their community. The Eastlake Business Center
is a two-phase industrial park consisting of approximately 200 acres (see map, Attachment 2a).
Phase I (100 acres) is fully improved. Approximately 70 acres in Phase I have been developed, with
44 acres remaining for sale. Most of these lots are 1.2 acres (see map, Attachment 2b). The
adjacent Phase II (100 acres) is ungraded and unimproved. Development within the Eastlake
Business Center has been virtually non.existent throughout the early 1990's. This is a result of the
national recession and defense cutbacks, reflecting the lack of industrial development throughout
the entire county and the state, and also reflects the postponement of SR 125. Since 1996, the
demand for industrial property countywide has dramatically increased. In Eastlake, in 1996, Retail
Systems International (RSI) purchased a 22,000 sq. ft. building which had been vacant for several
years. RSI is now considering expanding further and purchasing additional acreage. A new INS
office building is being constructed and there have been recent negotiations with other prospects.
However, because many companies (including high tech and biotech) require parcels over 10
acres, Phase I is unable to accommodate them (the largest parcel is 4 acres), Phase II
could accommodate these users but is not entitled or improved and, for all practical
purposes, has not been offered for sale to industrial users since the economy has shown
recovery,
The Eastlake Business Center (Phase I and II) has a High Tech/Biotech Zone overlay, approved by
Council in 1995. The purpose of this Zone designation was to help market this area to targeted
technology. based industries and to offer specialized incentives. Staff is aware of at least 3 biotech
companies currently seeking 3D.:!:. acre sites, as well as other interested manufacturers.
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Rancho del Rev
In 1985, the Rancho del Rey SPA I plan was adopted and set aside 84 acres for the Rancho del
Rey Business Center in order to provide jobs for local residents. In 1992, during the peak of the
recession (County unemployment was at its highest since 1980), and with the Business Center
stalled, 55 acres were rezoned to commercial. The resulting "power center" anchored by Home
Depot. Price Club and K-Mart, created 1.220 new jobs and has generated approximately $1.2 million
in net new sales tax revenue annually. There are only 11 acres of industrial property
remaining. With the market pressures to develop these "in fill" parcels as commercial uses,
these acres may face elimination in the future.
Sunbow II (602 acres):
The General Development Plan for Sunbow II was adopted in 1989 and the Sectional Planning Area
(SPA) Plan was adopted in 1990. A 46 acre research/development and light industrial park site was
planned, estimated to generate 2,800 jobs. Negotiations are currently ongoing to convert
approximately 50%, or 23 acres, to a recreational use. This limited amount of contiguous
acreage (23) presents major obstacles to the development of a business park.
Otav Ranch (9.1 DO acres in Chula Vista):
Most of the industrial land uses in the Otay Ranch General Development Plan are located on the
Otay Mesa within the City of San Diego. Within Chula Vista, 232 acres are designated for light
industrial uses in Planning Area 18b and Village 3 located on both sides of Paseo Ranchero, north
of Otay Valley Road (see map, Attachment 3). Business Park uses (primarily R&D type) are
permitted within the 236 acre Eastern Urban Center (EUC), adjacent to SR 125. This intense urban
area is envisioned to accommodate regional retail, office and some residential in mid to high.rise
structures. Villages 9 and 10 have been set aside for a university campus (698 acres). Research
and development uses are also permitted in Villages 9 and 10, along with support commercial and
residential, if tied to the Universitv. (While industrial uses are permitted in the EUC and in Villages
9 and 10, no acreage has been identified for these areas. Therefore, there is no guarantee
regarding future availability for industrial use except for within the 232 acres of Planning
Area 1 Bb and Village 3. The primary obstacles to near.term industrial development in the Otay
Ranch are lack of entitlements and infrastructure, as well as mixed ownership and uncertainty
regarding the owners' future plans. Most recent communication by staff with the
representatives of the owners of Areas 1 Bb and Village 3 indicates no near term plans to
develop. As a result these properties are not currently deliverable,
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D. REDEVElDPMENT PRDJECT AREA PLANS
1. Bayfront
The Bayfront Redevelopment Project Area (see map, Attachment 4) was adopted in 1974
to address blighting conditions including degradation of the coastal environment, depreciated
property values, soil and water contamination, and the lack of public improvements. The
project area includes a variety of land uses including industrial, office and commercial. The
Bayfront Redevelopment Plan expires in 1999. Currently, the Plan is being amended to
extend the life of the Plan to 2D 14 and to expand the boundary to include the adjacent
tidelands owned by the Port District.
The existing Bayfront Redevelopment Project Area, comprised of the Midbayfront, most of
the Rohr campus, and SDG&E, combined with the Project Area expansion, i.e. the Tidelands
properties, provides a tremendous economic development opportunity. It also poses major
challenges. Impediments to development in the Bayfront include ongoing multiple replanning
efforts, environmentally sensitive habitat, Coastal Commission and other entitlement
requirements, lack of infrastructure and access, possible contamination, incompatible uses
and visual blight. Access and circulation issues are also problematic, including the lack of
linkages between the northern and southern Bayfront properties.
In terms of the Midbayfront, the current LCP and Specific Plan require extensive
environmental mitigation, development of public improvements, and long-term mitigation
monitoring which may hinder the ability to create a feasible development proposal. Any
major deviation from the approved Local Coastal Plan (LCP), General Plan and/or
Redevelopment Plan will require additional environmental study and appropriate amendments.
In regards to the Tidelands area, two separate planning processes are currently underway:
1) the Port District Master Plan Amendment, LCP Amendment and related EIR for 80 acres
(50% of Tidelands property) to expand allowed industrial and commercial uses; and 2) the
Redevelopment Agency's expansion of the Bayfront Redevelopment Project Area to include
all of the Tidelands, and the related EIR (for the area not covered by the Port's EIR).
These planning efforts are complex and potentially conflicting, and inject significant
uncertainty into the near.term development process. Development of the area south of H
Street to be vacated by Rohr is also complicated by possible contamination issues, the need
for demolition, an SDG&E easement which runs through the property, and the presence of
high tension wires. Further, contributing to the uncertainty are questions pertaining to
Rohr's recent sale to BJ. Goodrich and how that will impact the Rohr facility's future in
Chula Vista, Rohr's closing of operations south of H Street, and/or the planned extension
of H Street to Marina Boulevard.
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Preliminary discussions among the various Bayfront stakeholders have identified the need
for a re-master planning of the entire Bayfront area. There are also preliminary
environmental planning efforts beginning for the South San Diego Bay Refuge, an area
shown in Attachment 5. All these issues hinder the ability to deliver a specific
Bayfront site to an industrial user today with any assurance of its feasibility,
timing or cost. They also put into question how much land will be available for
industrial uses in the future.
An enormous opportunity exists with the SDG&E site (approximately 150 acres). With
the prospect of a sale by ENOVA, the City needs to evaluate what future land uses
should be allowed, and whether or not high tech (or other) industry should be
included.
2. Otav Vallev Road
In 1983, the Otay Valley Road Redevelopment Project Area was formed to eliminate
blighting conditions which were impacting industrial development in the area (see map,
Attachment 6). When the Project Area was adopted in 1983, this area represented the
largest resource of underdeveloped urbanized property in the City zoned for industrial
development (322 acres). Although industrial development has occurred and progress has
been made to reduce blighting conditions in the project area, impediments to industrial
development remain, including hazardous waste, changing and incompatible uses, traffic and
access issues, and environmentally sensitive habitat.
Several projects in the Otay Valley Road region (both in the Project Area and adjacent to
it) have resulted in the loss of over 120 acres of industrial land, these include the Auto
Park, the White Water Canyon theme park and the MCA Amphitheater. These projects
have created a new commercial/entertainment synergy in the area that may
influence future development of the remaining 120 industrial acres in the Otay
Valley/Otay Rio area as well as the future development of the industrial area in
Otay Ranch, Village III and 1BB (232 acres). Phase I of the Auto Park (within the
Project Area) converted 20 acres and Phase II is expected to convert between 20.30
additional industrial acres. The Otay Rio Business Park (adjacent to the Project Area)
encompasses 130 acres and was designed as a master-planned industrial park with lots
ranging between. 7 to 4 acres. Approximately 100 acres have been converted for the
White Water Canyon theme park and the future MCA Amphitheater. (Recreational uses
were allowed with Conditional Use Permits.) There are approximately 3D industrial
acres remaining which are owned by the Water Park, and which will likely be
converted to commercial zoning to accommodate water park expansion or a
complimentary recreational use.
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3. Southwest
In 1990, the Southwest Redevelopment Project Area was created in order to eliminate
blight which negatively impacts industrial and commercial development and to implement the
Montgomery Specific Plan (see map, Attachment 7). Blighting conditions in the project area
include inadequate public improvements; non. marketable properties due to poor access,
inadequate lot sizes and shape; deteriorated commercial, industrial and residential buildings;
incompatible mixed land use; and visual blight. An economic, land use, and zoning study
is being prepared which is intended to examine and provide recommendations focused on
revitalization of industrial and commercial properties along Main Street and Third Avenue.
Opportunities to interface with the future Otay Valley Regional Park may provide increased
interest in areas south of Main Street. Planned economic development efforts include
creating loan and/or grant programs geared towards small business owners, Main Street
widening, and redevelopment of Agency.owned parcels on Broadway.
III. ONGOING INDUSTRIAL DEVELOPMENT EFFORTS
The Community Development Department offers businesses site selection, financial, permit processing, job
training and other market.related assistance. The Department has been promoting industrial development,
in accordance with the City's Economic Development Plan and Redevelopment Plans, for many years with
initiatives such as the High Tech/Biotech Zone and the Border Environmental Commerce Alliance (BECA), in
addition to citywide image enhancement efforts, business attraction and assistance programs, and
redevelopment activities. These efforts have been predicated on assumptions related to the availability of
appropriate. developable industrially zoned land. The current lack of industrial inventory suggests the
need to reevaluate our short.term industrial recruitment strategies and related marketing efforts,
address short-term land use conversion proposals, and/or augment and upgrade our industrial land
and building supply over the long term.
A. CHULA VISTA ECONOMIC DEVELOPMENT PLAN
The City's adopted Economic Development Plan specifically addresses the importance of industry
to Chula Vista. The Plan's Mission Statement is: "To enhance the quality of life in Chula Vista
through the promotion of a strong local economy offering employment and business opportunities,
and a healthy, diversified tax base vital to supporting city services." Among the Plan's six goals
are to:
1 - Identify the existing economic base and target new business and industry
2 - Develop land use and infrastructure strategies to support economic
development goals
3. Develop a comprehensive marketing and public relations program to attract
job and revenue generating business and industry
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4. Develop a proactive business assistance program to encourage business
retention, growth and expansion
B. BUSINESS DUTREACH ACTIVITIES
The City's adopted Economic Development Marketing Plan reflects the Council.adopted Economic
Development Plan's Goals and Dbjectives. Industrial business outreach efforts to date have been
based upon the following assumptions:
1) Chula Vista wants to recruit desirable industry and to help local businesses
to expand and prosper
2) Chula Vista has the ability to "deliver" these businesses land suitable for
development (physically and economically)
The City's Marketing Plan includes general image enhancement and business attraction activities.
Examples include "image building" advertising, press releases, promotional video, attendance at trade
shows, etc. These types of activities contribute to both the City's visibility/name recognition, and
to a more positive profile, and benefit its commercial, residential and industrial development efforts
on a long term basis. Additionally, the City, for the past several years, has undertaken targeted
marketing activities to reach our targeted industry clusters - environmental technology businesses
and biotech manufacturers. Specifically, the City has promoted BECA services and the High
Tech/Biotech Zone sites and incentives to these targeted audiences.
Staff suggests that the City's business attraction efforts be reevaluated in light of the
current shortage of deliverable land. In particular, marketing of the High Tech/Biotech Zone
needs reassessment in light of the shortage of deliverable industrial parcels larger than four
acres,
C. HIGH TECH/BIDTECH ZDNE
Chula Vista's High Tech/BiD Tech Zone is an incentive program that was developed by a Task Force
of staff, biotech industry experts and the Eastlake Development Company, and chaired by the
Mayor. The Zone was formally created by Council (by ordinance) in 1995 and is comprised of the
Eastlake Business Park, Phases 1 & 2 (200 acres). The Zone was designed to encourage high
technology industries, including biomedical and biotechnical manufacturing companies, to locate in
Chula Vista. The program offers advantages such as expedited development review, uninterrupted
water supply, negotiable financial assistance, and the planned Western Regional Bioprocessing Center
(WRBC), a shared.use, biotech contract manufacturing and training facility.
The High Tech/Biotech Zone was proactively planned to meet the needs of San Diego Biotech R&D
companies transitioning into manufacturing. This was projected to occur in 3.5 years from the Zone
concept's inception. The Task Force's projections were "on target" . demand for biotech
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manufacturing space is now emerging. Within the past year, staff has been aware of 3 San
Diego biotech R&D companies seeking sites for their first manufacturing plant. Each requires
approximately 30 acres. Because of the multi-year, public/private planning effort to proactively
position ourselves to compete successfully for these highly desirable firms, we are now experiencing
requests by biotech and other technology firms to be shown sites in the EastLake Business Center.
Unfortunately, Phase I lacks adequately sized parcels for most of these users and Phase
II, for all intents and purposes, has not been available since the demand has emerged,
D. WESTERN REGIONAL BIOPROCESSING CENTER (WRBC)
The WRBC has been planned as the corner stone of the City of Chula Vista's High Tech/Biotech
Zone at the EastLake Business Center. WRBC is being organized as a non-profit scientific research
organization with two primary functions: to provide specialized biopharmaceutical manufacturing
education, training and research programs, and to promote regional economic development. As
planned, WRBC will offer biopharmaceutical research, development and production services to the
pharmaceutical industry. San Diego State University and the 22-campus California State University
Program in Biotechnology Education and Research (CSUPERB) will administer the academic and
training programs at the Center- The WRBC will provide essential infrastructure to support the
industry's transition from R&D to commercial manufacturing, including contract manufacturing
services for pilot scale product.
The City's active support of the WRBC (including seed capital funds and extensive staff time over
the past few years to assist with planning, marketing, corporate sponsorship and grant solicitation,
site selection, etc.) has been predicated upon a strategy which envisions the WRBC as a catalyst
to create spin-off demand for land by biotech manufacturers within the EastLake Business Center
(High Tech/Biotech Zone). With new indications that the property owner will be seeking to
rezone all or a portion of Phase II to non.industrial uses, the value of this strategy is
negatively impacted.
E. BORDER ENVIRONMENTAL COMMERCE ALLIANCE (BECA)
BECA was formed to create and retain regional jobs in the environmental technology industry and
to encourage the development of an Environmental Industry Cluster in Chula Vista. BECA has been
designed to further this strategy by: 1) assisting the transfer of new cost-saving and innovative
environmental technologies to existing industry; 2) supporting the commercialization and export of
new environmental technologies and products; and 3) fostering the "incubation" of start-up
environmental companies. As a unique entrepreneurial effort, BECA has faced numerous challenges,
but is moving forward and showing much promise. In March 1997, BECA received recognition by
the U.S. Economic Development Administration for BECA's successful and innovative public/private
partnerships in support of defense conversion efforts in the western United States- Our first
successful "graduate" is Metallic Power, the developer of pollution-free, metallair fuel cells. With
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City assistance, Metallic Power moved from the BECA incubator into its own facility in south Chula
Vista. Currently, BECA has 24 tenants in their incubator with an additional 5 on the waiting list.
The availability of industrial land (and buildings) for BECA incubator graduates and business
affiliates (clients/joint venture partners, etc.) is critical to the City's goal to create an
environmental industry cluster here in our City. Unless we can offer readily available
inventory at competitive rates, our "incubated" businesses will locate their manufacturing
plants and offices elsewhere.
F. REDEVELOPMENT ACTIVITIES
The Redevelopment Agency pro actively assists in revitalizing blighted and underutilized land within
five Project Areas in the community. Three project areas include industrial uses: Bayfront,
Southwest and Otay Valley Road. Each of these areas are facing challenges to industrial
development, as examined previously in Section II C.
IV. INDUSTRIAL LAND SUPPLY IN CHULA VISTA
A. TOTAL SUPPLY AND PROJECTED NEED
Staff has evaluated the City's available industrial land supply and estimates a current inventory of
approximately 180 to 266 acres of improved properties and 280 acres of unimproved properties.
These numbers, however, are misleading in that they include ID! industrially zoned parcels regardless
of impediments to development. As previously noted, staff is experiencing difficulty in being
responsive to business prospect needs due to a shortage of properties which are both readily
developable and meet the companies' site requirements. Currently, the city is experiencing a
shortage of improved, entitled sites, a shortage of large parcels and of upscale business park
settings, as well as challenges in delivering sites that are competitively priced. The vast majority
of industrial parcels are less than five acres in size which are inadequate for many users. For the
most part, the only readily deliverable sites are limited to the 20+ acres in EastLake
Business Center Phase I (these parcels are a maximum 4+ acres in size) and a few
parcels in the Bayfront, Southwest and Otay Valley Road areas.
In 1993, the City contracted with Williams-Kuebelbeck & Associates (WKA) to prepare a citywide
market assessment and to develop strategies for business targeting. The study identified a 39 year
industrial land supply in Chula Vista. The consultant recommended that the City consider increasing