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HomeMy WebLinkAboutAgenda Packet 1999/05/04 ". declare under r~,,~'tv of perjury t~at I am employed by toe ,'; r ',:".1'0 \':s~a In. the Oifiee of t\le IX,,' ,.,.'0',',0, èr",:::',':: ' pJsied this Agenda/Notice on the Bulletin Board at Tuesday, May 4,1999 the Public ervi e5ßuildin~ abay~.. Council Chambers 4:00 p.m. DATED, ';J¿J ;7 SIGNE uolic Services Building (immediately following the City Council Meeting) CHULA VISTA CITY COUNCIL CLOSED SESSION AGENDA Effective April 1, 1994, there have been new amendments to the Brown Act Unless the City Attorney, the City Manager or the City Council states otherwise at this time, the Council will discuss and deliberate on the following items of business which are permitted by law to be the subject of a closed session discussion, and which the Council is advised should be discussed in closed session to best protect the interests of the City. The Council is required by law to return to open session, issue any reports of final action taken in closed session, and the votes taken, However, due to the typical length of time taken up by closed sessions, the videotaping will be terminated at this point in order to save costs so that the Council's return from closed session, reports of final action taken, and adjournment will not be videotaped. Nevertheless, the report of final action taken will be recorded in the minutes which will be available in the City Clerk's Office, L CONFERENCE WITH LEGAL COUNSEL - Initiation of litigation pursuant to Government Code Section 54956.9(c) . One potential case, CONFERENCE WITH REAL PROPERTY NEGOTIA TOR- Pursuant to Government Code Section 54956.8 . Property: Approximately 7 acres located on Bonita Road adjacent to the Chula Vista Municipal Golf Course Negotiating Parties: City of Chula Vista (Chris Salomone) and Diamond Development Company Under Negotiation: Purchase price/lease rate and other terms and conditions for possible disposition of City-owned property, -------~_._--,----_.~.._._'---_._...._-_._- ---_.-,... ..-.--------.....-.....+ May 4, 1999 ~]'IIf)\¥rjury that 1 am "I declare under p~ """'u" Vis"'a in the . d b" t~e :,,,, 0, ..".." " emploje ..I" "'. d t',"t \ pGsted f t"-e Cii-Y Clcn{ an- I U t Office 0 ,', '. the Bulletin Board a this Agenda/Notice on. _ _ --'~. I on th Public er ices BUlldmg.~ 17 ,-"",,-" CALL TO ORDER D;TED' o/¡~f, SIGNEDeß----""'- I. ROLL CALL Councilmembers Davis, Moot, Padilla, Salas, and Mayor Horton, 4:00 p.m. 2. PLEDGE OF ALLEGIANCE TO THE FLAG, MOMENT OF SILENCE 3, APPROVAL OF MINUTES of April 13, 1999, April 20, 1999, and April 27, 1999 (Regular Meetings of the City Council) and April 20, 1999 (Joint Meeting of the Redevelopment Agency and the City Council). 4, SPECIAL ORDERS OF THE DAY A Employee Recognition Award of the Month, Cheryl Crutcher, Senior Payroll Technician, Finance Department A proclamation will be presented by Mayor Horton, B. Proclaiming the week of May I through May 8, 1999 as "Youth Week" Mayor Horton will present the proclamation to Ken Locke, Exalted Ruler of Chula Vista Elks #201], and Garry Hummel, Youth Activities Chairman, C. Proclaiming the month of May as "Older Americans Month" and the week of May 16, 22, 1999 as "Senior Center Awareness Week" Mayor Horton will present the proclamation to Will Brown, representing the Chula Vista Senior Citizens Club, D. Joe Amaro, Director of the Miss Chula Vista Pageant, will introduce Miss Chula Vista, Anika Dominguez, First Princess Claudia Gongora, Second Princess Jennifer Rowell, and Miss Congeniality Lillianna Montijo. E. Update on Port Matters by Port Commissioner David Malcolm, CONSENT CALENDAR (Items 5 through 6) The staff recommendations regarding the following items listed lmder the Consent Calendar will be enacted by the Council by one motion, without discussion, unless a Councilmember, a member of the public, or City staff requests that the item be removed for discussion If you wish to speak on one of these items. please.fill out a "Request to Speak"foml (available in the lobby) and submit it to the C'ity Clerk prior to the meeting. Items pulled from the Consent Calendar will be discussed after Action Items, Items pulled by the public will be the.first items of business. 5. WRITTEN COMMUNICATIONS A Letter from the City Attorney stating that, to the best of his knowledge from observance of actions taken in Closed Session on April 27, 1999, there were no actions taken which are required under the Brown Act to be reported. Staff recommendation: That the letter be received and filed, Agenda 2 May 4, 1999 6.A. RESOLUTION 19445. AUTHOR]ZING AND APPROVING THE BORROWINGOFFUNDS FOR FISCAL YEAR 1999/2000; THE ISSUANCE AND SALE OF A 1999/2000 TAX AND REVENUE ANTICIPATION NOTE THEREFOR AND PARTICIPATION IN THE CALIFORNIA COMMUNITIES CASH FLOW FINANCING PROGRAM B. RESOLUTION 19446, DIRECTING THE CITY MANAGER TO INCLUDE IN THE FISCAL YEAR ] 999/2000 PROPOSED BUDGET APPROPRIA TroNS OF $245,000 FOR TAX AND REVENUE ANTICIPATION NOTE PROJECTED INTEREST AND ISSUANCE COSTS AND ESTIMATED INTEREST REVENUES OF $245,000 FROM INVESTMENT OF THE NOTE PROCEEDS In order to address cash shortfalls that are projected to occur in the General Fund during Fiscal Year 1999/2000 due to the cyclical nature of some of our major revenue sources, it is recommended that the City again take advantage of the opportunity to borrow money on a short, term basis at the lowest cost by issuing a Tax and Revenue Anticipation Note through the pooled financing program sponsored by the League of California Cities, As has been done during the last three fiscal year, such a borrowing is recommended as an alternative to borrowing from other City funds. Statrrecommendation: Council adopt the resolution (Director of Finance) ORAL COMMUNICATIONS PUBLIC HEARINGS AND RELATED RESOLUTIONS AND ORDINANCES The following items have been advertised and/or posted as pllblic hearings as reqllired by law. Ijyou wish to speak to any item. please.fìll Ollt a "Reqllestto ·\ì¡eak"form (available in the lobby) and slIbmit it to the City Clerk prior to the meeting. 7. PUBLIC HEARING ON CONSIDERING AMENDMENT TO THE MASTER FEE SCHEDULE TO ADJUST EXISTING ANIMAL CONTROL FEES AND ADD NEW FEES (CONTINUED FROM APRIL 20, 1999) Statrrecommendation: The public hearing be continued to May 18, 1999, (Chief of Police) 8. PUBLIC HEARING TO CONSIDER ADDING SECTIONS 9, 16.021 THROUGH9.l6,026 TO THE MUNICJPAL CODE RELATED TO SALES OF PRODUCTS CONTAINTNG EPHEDRINE ORDINANCE 2779, ADDING SECTIONS 9. I 6021 THROUGH 9.16.026 TO THE MUNICIPAL CODE RELATED TO SALES OF PRODUCTS CONTAINING EPHEDRINE (FIRST READING) The San Diego region has identified a dangerous trend emerging in the production of methamphetamine. Ephedrine is used as a key precursor chemical in the production of methamphetamine, Manufacturers of methamphetamine frequently purchase over-the,counter medications containing ephedrine in large quantities, Due to the significant impact of methamphetamine use in southern California, the City of San Diego along with other communities, such as Chino and San Bernardino County, have adopted ordinances to curb the availability of Agenda 3 May 4, 1999 ephedrine. Adding an effective ordinance to the Municipal Code prevents the sale of excessive amounts of over-the-counter products containing ephedrine. Statrrecommendation: Council place the ordinance on first reading. (Chief of Police) 9. PUBLIC HEARING TO CONSIDER THE MODIFICATION OF THE EXISTING TRANSPORTATION DEVELOPMENT IMP ACT FEE Staff recommendation: The public hearing be continued to May 11,1999, (Director of Public Works) 10. PUBLIC HEARING TO CONSIDER A TENTATIVE SUBDIVISION MAP KNOWN AS EASTLAKE TRAILS, TRACT 99,03, INVOLVING 749 SINGLE FAMILY LOTS, FOUR RESIDENTIAL SUPER LOTS, THREE OPEN SPACE LOTS, TWO PUBLIC QUASI, PUBLIC AND THREE PARK LOTS ON 322,8 ACRES LOCATED ON THE EAST SIDE OF HUNTE PARKWAY BETWEEN OTAY LAKES ROAD AND OLYMPIC PARKWAY RESOLUTION 19447, APPROVING THE SECOND ADDENDUM TO FSEIR 97,04 (EASTLAKE TRAILS/GREENS REPLANNING PROGRAM), INDEMN1FICATlON AGREEMENT, AND ESTABLISHING CONDITIONS OF THE TENT A TIVE SUBDIVISION MAP FOR EASTLAKE TRAILS, TRACT 99,03 The applicant, The EastLake Company, has submitted an application for a Tentative Subdivision Map known as EastLake Trails, Tract 99,03, in order to subdivide and develop 322.8 acres east of Hunte Parkway between Otay Lakes Road and the future alignment of Olympic Parkway, The Tentative Subdivision Map consist of 749 single family lots, 4 super lots with capacity for 394 dwelling units, 3 open space lots, a 3 I ,acre community park, open space area, 1 O'acre school site, 4.5,acre Community Purpose Facilities site and several specialty lots (i,e, slopes and landscape buffer areas). Statrrecommendation: Council adopt the resolution, (Director of Planning and Building) 1 L PUBLIC HEARING PCS,96,04A TO CONSIDER A TENT A TlVE SUBDIVISION MAP REVISION SUBDIVIDING PHASE SEVEN (PURPLE PHASE) IN VILLAGE ONE OF OTAY RANCH, SECTIONAL PLANNING AREA (SPA ONE) INTO 447 LOTS, APPLICANT: THE OTAY RANCH COMPANY RESOLUTION 19448, APPROVING A TENT A TlVE SUBDIVISION MAP REVISION FOR PHASE SEVEN (PURPLE PHASE) IN VILLAGE ONE OF THE OT A Y RANCH SPECIFIC PLANNING AREA ONE PLAN, TRACT 96,04A The Planning Commission held a public hearing on April 14, 1999 and voted 7,0 to adopt a resolution recommending that Council approve the Phase Seven Tentative Subdivision Map, and adopt a resolution recommending that Council approve an amendment to the Otay Ranch Phase Two Resource Management Plan, Statrrecommendation: Council adopt the resolution, (Director of Planning and Building) Agenda 4 May 4, ]999 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 public, The items will be considered individually by the Council, and staff recommendations may, in certain cases, be presented in the alternative. If you wish to speak on any item, please fill out a "Request to Speak" form (available in the lobby) and submil ilto the City Clerk prior to the meeting. 12.A. RESOLUTION 19449, APPROVING THE CONSOLIDATED ANNUAL PLAN FOR FISCAL YEAR 1999/2000 COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) AND HOME INVESTMENT PARTNERSHIP (HOME) PROGRAM BUDGETS AND AUTHORIZING TRANSMITT AL OF TIlE CONSOLIDA TED ANNUAL PLAN TO TIlE US, DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT (HUD) B. RESOLUTION 19450, AUTHORIZING REALLOCATION OF $269,876 FROM PRIOR YEAR COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS TO INCORPORATE IN TIlE FISCAL YEAR 1999/2000 ENTITLEMENT RECEIVED FROM HUD (4/STH'S VOTE REQUIRED) Council held a public hearing on April 13, 1999 to review and receive public comment on projects and programs being considered for CDBG and HOME funding, The City is eligible to receive $2,020,000 in CDBG entitlement funds from HUD for 1999/2000, ]n addition to the HUD entitlement, staff has identified $269,876 in prior year CDBG funds that are eligible to receive $843,000 in HOME funds from HUD, Combining both CDBG and HOME entitlements, the City will be able to invest into the community a grant total of$3,132,876 for 1999/2000, Staff recommendation: Council adopt the resolution, (Director of Community Development) ITEMS PULLED FROM THE CONSENT CALENDAR OTHER BUSINESS 13. CITY MANAGER'S REPORTS A. Scheduling of meetings, 14. MAYOR'S REPORTS A Ratification of appointment to the Housing Advisory Commission (At-Large) , John McCann (to fill vacancy created by Commissioner Helton, whose term expires June 30, 2002). Agenda 5 May 4, 1999 15, COUNCIL COMMENTS ADJOURNMENT to a Closed Session and thence to the Regular Meeting of May II, 1999, at 6:00 p.m. in the Council Chambers. *** A Meeting of the Redevelopment Agency will be held immediately following the City Council meeting. * * * April 29, 1999 FROM: David D. Rowlands, Jr., City Manag~ City Council Meeting of May 4, 1999 ~ TO: The Honorable Mayor and City Council SUBJECT: This will transmit the agenda and related materials for the regular City Council meeting of Tuesday, May 4, 1999. Comments regarding the Written Communications are as follows: 5a. This is a letter from the City Attorney stating that, to the best of his knowledge from observance of actions taken in Closed Session on April 27, 1999, there were no actions taken which are required under the Brown Act to be reported. IT IS RECOMMENDED THAT THIS LETTER BE RECEIVED AND FILED. DDR:mab COUNCil AGENDA STATEMENT Item: 1.(. C Meeting Date: 05/04/99 ITEM TITLE: REVIEWED BY: Proclamation: Proclaiming the month of Mayas Older Americans Month, and the week of May 16 - 22, 1999 as Senior Center Awareness Week. CLiI~tyraMryaannadg;;;:i~ ~ 0 ~\ v (4/5ths Vote: Yes _ No X) SUBMITTED BY: The month of May has traditionally been recognized as Older Americans Month since the passage of the Older Americans Act in 1965. The purpose of Older Americans Month is to heighten awareness of services and programs offered to older Americans, to improve participation in healthy, active lifestyles by Americans of all ages, and to celebrate the achievements and contributions of older citizens. This year, in commemoration of Older Americans Month, the City is joining hundreds of other cities throughout the state and the nation in proclaiming the week of May 16,22,1999, as Senior Center Awareness Week. Senior Centers, such as Norman Park Senior Center, act as a catalyst for mobilizing the creativity, energy, vitality and commitment of older residents, and empower older citizens to contribute to their own health and well being through a variety of activities, services and programs. A number of special activities will take place at Norman Park Center during the month of May, including a "Step Our for Seniors" celebration on May 21, 1999, when Norman Park Center will join nearly 600 other senior facilities in the State of California commemorating Senior Center Awareness Week. The Proclamation will be accepted by Penny Berridge, representing the Chula Vista Senior Citizen's Club. h:\home\parlcsrec\aI13\sraware.prc 1 L/C~! PROCLAIMING THE MONTH OF MAYAS OLDER AMERICANS MONTH, AND THE WEEK OF MAY 16-22, 1999 AS SENIOR CENTER AWARENESS WEEK WHEREAS, the purpose of Older Americans Month is to heighten the awareness of service and programs offered to older Americans, improve participation in healthy, active lifestyles by Americans of all ages, and to celebrate the achievements of older citizens; and WHEREAS, older Americans are significant members of our society, investing their wisdom and experience to help enrich and better the lives of younger generations; and WHEREAS, senior centers have acted as a catalyst for mobilizing the creativity, energy, vitality and commitment of older residents; and WHEREAS, through a wide array of services, programs, and activities, senior centers have empowered older citizens to contribute to their own health and well,being and the health and well,being of their follow citizens of all ages; and WHEREAS, senior centers have affirmed the dignity, self,worth, and independence of older persons by facilitating their decisions and actions, tapping their experiences skills and knowledge, and enabling their continued contributions to the community; and WHEREAS, Norman Park Senior Center will be joining nearly 600 other senior centers in the State of California with a "Step Out for Seniors" celebration on May 21, 1999; NOW, THEREFORE, I, SHIRLEY HORTON, Mayor of the City ofChula Vista, California, do hereby proclaim the month of May 1999 as OLDER AMERICANS MONTH, and the week of May 16-22, 1999 as SENIOR CENTER AWARENESS WEEK throughout the City of Chula Vista, and call upon all citizens to recognize the special contributions of the participants and volunteers at Norman Park Senior Center, who work every day to improve and enhance the health and well-being of the older citizens of our community, 1/ C~;¿ ~~~ ~ ""'"''''''"''''''"'....,; ~~~~ CllY OF CHUlA VlSfA OFFICE OF THE CITY ATTORNEY Date: April 28, 1999 From: The Honorable Mayor and City Council John M. Kaheny, City Attorney ~~ Report Regarding Actions Taken in Closed Session for the Meetings of 4/27/99 To: Re: The City Council of the City of Chula Vista met in Closed Session on 4/27/99 to discuss: Public Emplovee Performance Evaluation - Pursuant to Government Code Section 54956.9(c) City Manager The City Attorney hereby reports to the best of his knowledge from observance of actions taken in the Closed Session in which the City Attorney participated, that there were no reportable actions which are required under the Brown Act to be reported. JMK: 19k H:\home\lorraine\lt\clossess.no ~ -!J/J ~ / 276 FOURTH AVENUE' CHULA VISTA· CALIFORNIA 91910' (619) 691·5037' FAX (619) 409-5823 ~;:(, Posl-Coo5umo'AecycledP~r CITY OF CHULA VISTA LOCAL AGENCY RESOLUTION NUMBER /9i-YS" RESOLUTION AUTHORIZING AND APPROVING THE BORROWING OF FUNDS FOR FISCAL YEAR 1999-2000; THE ISSUANCE AND SALE OF A 1999-2000 TAX AND REVENUE ANTICIPATION NOTE THEREFOR AND PARTICIPATION IN THE CALIFORNIA COMMUNITIES CASH FLOW FINANCING PROGRAM WHEREAS, local agencies are authorized by Section 53850 to 53858, both inclusive, of the Government Code of the State of California (the "Act") (being Article 7.6, Chapter 4, Part 1, Division 2, Title 5 of the Government Code) to borrow money by the issuance of temporary notes; WHEREAS, the legislative body (the "Legislative Body") of the local agency specified in Section 25 hereof (the "Local Agency") has detennined that a sum (the "Principal Amount"), not to exceed the Maximum Amount of Borrowing specified in Section 25 hereof, which Principal Amount is to be confinned and set in the Pricing Confinnation (as defined in Section 4 hereof), is needed for the requirements of the Local Agency, to satisfy obligations of the Local Agency, and that it is necessary that said Principal Amount be borrowed for such purpose at this time by the issuance of a note therefor in anticipation of the receipt of taxes, income, revenue, cash receipts and other moneys to be received by the Local Agency for the general fund of the Local Agency attributable to its fiscal year ending June 30, 2000 ("Fiscal Year 1999,2000"); WHEREAS, the Local Agency hereby detennines to borrow, for the purposes set forth above, the Principal Amount by the issuance of the Note (as hereinafter defined); WHEREAS, it appears, and this Legislative Body hereby finds and detennines, that the Principal Amount, when added to the interest payable thereon, does not exceed eighty,fivc percent (85%) of the estimated amount of the uncollected taxes, income, revenue (including, but not limited to, revenue from the state and federal governments), cash receipts and other moneys of the Local Agency attributable to Fiscal Year] 999,2000 and available for the payment of the principal of the Note and the interest thereon; WHEREAS, no money has heretofore been borrowed by or on behalf of the Local Agency through the issuance of tax anticipation notes or temporary notes in anticipation of the receipt of, or payable from or secured by, taxes, income, revenue, cash receipts or other moneys for Fiscal Year] 999-2000; WHEREAS, pursuant to Section 53856 of the Act, certain moneys which will be received by the Loca] Agency during and attributable to Fiscal Year 1999-2000 can be pledged for the Copyright. 1/1/1999, Orrick, Herrington & Sutcliffe. All rights reserved. Üt,,;":';,L.\1::.";::"" .'::: .;jW;~ ~":Ì' 2n.'; J (:i', ~/7 ~ J payment of the principal of the Note and the interest thereon (as hereinafter provided); WHEREAS, the Local Agency has determined that it is in the best interests of the Local Agency to participate in the California Communities Cash Flow Financing Program (the "Program"), whereby participating local agencies (collective]y, the "Issuers") will simultaneously issue tax and revenue anticipation notes; WHEREAS, the Program requires the participating Issuers to sell their tax and revenue anticipation notes to the California Statewide Communities Development Authority (the "Authority") pursuant to note purchase agreements (collectively, "Purchase Agreements"), each between such individual Issuer and the Authority, and dated as of the date of the Pricing Confirmation, a form of which has been submitted to the Legislative Body; WHEREAS, the Authority, in consultation with Sutro & Co. Incorporated, as financial advisor for the Program (the "Financia] Advisor"), will form one or more pools of notes (the "Pooled Notes") and assign each note to a particular pool (the "Pool") and sell a series (the "Series") of bonds (the "Bonds") secured by each Pool pursuant to an indenture (the "Indenture") between the Authority and U.S. Trust Company, N.A., as trustee (the "Trustee"), each Series distinguished by whether or what type(s) of Credit Instrument(s) (as hereinafter defined) secure(s) such Series, by the principal amounts of the notes assigned to the Pool or by other factors, and the Loca] Agency hereby acknowledges and approves the discretion of the Authority to assign the Note to such Pool and such Indenture as the Authority may determine; WHEREAS, as additional security for the owners of each Series of Bonds, all or a portion of the payments by all of the Issuers of the notes assigned to such Series mayor may not be secured (by virtue or in form of the Bonds, as indicated in the Pricing Confirmation, being secured in whole or in part) by an irrevocable letter (or letters) of credit or policy (or policies) of insurance or proceeds of a separate bond issue issued for such purpose (the "Reserve Fund") or other credit instrument (or instruments) (collectively, the "Credit Instrument") issued by the credit provider or credit providers designated in the Indenture, as finally executed (collectively, the "Credit Provider"), pursuant to a credit agreement or agreements or commitment letter or letters or, in the case of the Reserve Fund, an indenture (the "Reserve Indenture") (collectively, the "Credit Agreement") between (i) in the case of an irrevocable letter (or letters) of credit or policy (or policies) of insurance, the Authority and the respective Credit Provider and (ii) in the case of the Reserve Fund, the Authority and U.S. Trust Company, N.A., as trustee of the Reserve Indenture (the "Reserve Trustee"); WHEREAS, if, as designated in the Pricing Confirmation, the Credit Instrument is the Reserve Fund, bonds issued pursuant to the Reserve Indenture (the "Reserve Bonds") may, as indicated in the Pricing Confirmation, be secured by an irrevocable letter of credit or policy of insurance or other credit instrument (the "Reserve Credit Instrument") issued by the credit provider identified in the Reserve Indenture as finally executed (the "Reserve Credit Provider"), pursuant to a credit agreement or commitment letter (the "Reserve Credit Agreement") identified in the Reserve Indenture as finally executed, such Reserve Credit Agreement being between the ,2, &>/1/2 Authority and the Reserve Credit Provider; WHEREAS, the net proceeds of the Note may be invested by the Local Agency in Permitted Investments (as defined in the Indenture) or in any other investment permitted by the laws of the State of California, as now in effect and as hereafter amended, modi tied or supplemented from time to time; WHEREAS, as part of the Program each participating Issuer approves the Indenture, the alternative forms of Credit Agreements, if any, and the alternative forms of Reserve Credit Agreements, if any, in substantially the forms presented to the Legislative Body, with the final form of Indenture, type of Credit Instrument and corresponding Credit Agreement and type of Reserve Credit Instrument and corresponding Reserve Credit Agreement, if any, to be determined and approved by delivery of the Pricing Confirmation; WHEREAS, pursuant to the Program each participating Issuer will be responsible for its share of (a) the fees of the Trustee and the costs of issuing the applicable Series of Bonds, and (b), if applicable, the fees of the Credit Provider, the fees of the Reserve Credit Provider (which shall be payable from, among other sources, investment earnings on the Reserve Fund and moneys in the Costs of Issuance Fund established and held under the Indenture), the Issuer's allocable share of all Predefault Obligations and the Issuer's Reimbursement Obligations, if any (each as defined in the Indenture); WHEREAS, pursuant to the Program each participating Issuer will be responsible for its share of the fees of the Reserve Trustee and the costs of issuing the applicable Series of Reserve Bonds, all such costs and fees being payable from the proceeds of the applicable Series of Bonds (or, with respect to costs and fees of the Reserve Credit Provider, as may otherwise be provided in the Reserve Indenture); WHEREAS, pursuant to the Program, the underwriter will submit an offer to the Authority to purchase, in the case of each Pool of Notes, the Series of Bonds which will be secured by the Indenture to which such Pool will be assigned; WHEREAS, it is necessary to engage the services of certain professionals to assist the Local Agency in its participation in the Program; NOW, THEREFORE, the Legislative Body hereby finds, determines, declares and resolves as follows: Section 1. Recita]s. This Legis]ative Body hereby finds and determines that all the above recitals are true and correct. Section 2. Authorization of Issuance. This Legislative Body hereby determines to borrow solely for the purpose of anticipating taxes, income, revenue, cash receipts and other moneys to be received by the Local Agency for the general fund of the Local Agency ,3, " ':/1:' ·¡,{:·'f,;",,: .,'-,; ¿,/l- .3 attributable to Fiscal Year ¡ 999-2000, by the issuance of a note in the Principal Amount under Sections 53850 et seq. of the Act, designated the Local Agency's "1999,2000 Tax and Revenue Anticipation Note" (the "Note"), to be issued in the fonn of one fully registered note at the Principal Amount thereof, to be dated the date of its delivery to the initial purchaser thereof, to mature (without option of prior redemption) not more than fifteen months thereafter on a date indicated on the face thereof and detennined in the Pricing Confinnation (the "Maturity Date"), and to bear interest, payable at maturity (and if the maturity is more than twelve months from the date of issuance, payable on the interim payment date set forth in the Pricing Confirmation) and computed upon the basis of a 360,day year consisting of twelve 30,day months, at a rate not to exceed twelve percent (12%) per annum as determined in the Pricing Confinnation and indicated on the face of the Note (the "Note Rate"). If the Series of Bonds issued in connection with the Note is secured in whole or in part by a Credit Instrument or such Credit Instrument (other than the Reserve Fund) secures the Note in whole or in part and all principal of and interest on the Note is not paid in full at maturity or if payment of principal of and/or interest on the Note is paid (in whole or in part) by a draw under, payment by or claim upon a Credit Instrument which draw, payment or claim is not fully reimbursed on such date, such Note shall become a Defaulted Note (as defined in the Indenture), and the unpaid portion (including the interest component, if applicable) thereof (or the portion (including the interest component, if applicable) thereof with respect to which a Credit Instrument applies for which reimbursement on a draw, payment or claim has not been fully made) shall be deemed outstanding and shall continue to bear interest thereafter until paid at the Default Rate (as defined in the Indenture), If the Credit Instrument is the Reserve Fund and the Reserve Bonds issued to fund the Reserve Fund are secured by the Reserve Credit Instrument and a Drawing (as defined in the Indenture) pertaining to the Note is not fully reimbursed by the Reserve Principal Payment Date (as defined in the Indenture), such Note shall become a Defaulted Reserve Note (as defined in the ]ndenture), and the unpaid portion (including the interest component, if applicable) thereof (or portion (including the interest component, if applicable) with respect to which the Reserve Fund applies for which reimbursement on a Drawing has not been fully made) shall be deemed outstanding and shall continue to bear interest thereafter until paid at the Default Rate. If the Note or the Series of Bonds issued in connection with the Note is unsecured in whole or in part and the Note is not fully paid at maturity, the unpaid portion thereof (or the portion thereof to which no Credit Instrument applies which is unpaid) shall be deemed outstanding and shall continue to bear interest thereafter until paid at the Default Rate. In each case set forth in the preceding three sentences, the obligation of the Local Agency with respect to such Defaulted Note or unpaid Note shall not be a debt or liability of the Local Agency prohibited by Article XVI, Section 18 of the California Constitution and the Local Agency shall not be liable thereon except to the extent of any available revenues attributable to Fiscal Year 1999,2000, as provided in Section 8 hereof. The percentage of the Note to which a Credit Instrument, if any, applies (the "Secured Percentage") shall be equal to the amount of the Credit Instrument divided by the aggregate amount of unpaid principal of and interest on the unpaid notes (or portions thereof) of all Issuers, expressed as a percentage (but not greater than 100%) as of the maturity date. The percentage of the Note to which the Reserve Credit Instrument, if any, applies (the "Secured Reserve Percentage") shall be equal to the amount of the Reserve Credit Instrument divided by the aggregate amount of unpaid principal of and interest on such unpaid notes (or portions thereof, ,4, ¡::: b;9~'I including the interest component, if applicable), expressed as a percentage (but not greater than 100%) as of the Reserve Principal Payment Date. Both the principal of and interest on the Note shall be payable in lawful money of the United States of America. The principal of and interest on the Note at maturity shall be paid upon surrender of the Note at the corporate trust office of U.S. Trust Company, N.A. in Los Ange]es, California. The Note shall be issued in conjunction with the note or notes of one or more other Issuers as part of the Program and within the meaning of Section 53853 of the Act Section 3. Form of Note. The Note shall be issued in fully registered form without coupons and shall be substantially in the form and substance set forth in Exhibit A as attached hereto and by reference incorporated herein, the blanks in said forms to be filled in with appropriate words and figures. Section 4. Sale of Note; Delegation. The Note shall be sold to the Authority pursuant to the Purchase Agreement. The form of the Purchase Agreement, including the form of the pricing confirmation supplement (the "Pricing Confirmation") set forth as Exhibit A thereto, presented to this meeting are hereby approved. The authorized representatives set forth in Section 25 hereof (the "Authorized Representatives") are each hereby authorized and directed to execute and deliver the Purchase Agreement in substantially said form, with such changes thereto as such Authorized Representative sha1l approve, such approval to be conclusively evidenced by his or her execution and delivery thereof; provided, however, that the Purchase Agreement shall not be effective and binding on the Local Agency until the execution and delivery of the Pricing Confirmation. The Authorized Representatives are each hereby further authorized and directed to execute and deliver the Pricing Confirmation in substantially said form, with such changes thereto as such Authorized Representative shall approve, such approval to be conclusively evidenced by his or her execution and delivery thereof; provided, however, that the interest rate on the Note shall not exceed twelve percent (12%) per annum, the discount on the Note, when added to the Local Agency's share of the costs of issuance of the Bonds, shall not exceed one percent (1.0%), and the Principal Amount shall not exceed the Maximum Amount of Borrowing. Delivery of an executed copy of the Pricing Confirmation by fax or telecopy shall be deemed effective execution and delivery for all purposes. Section 5. Program Approval. The Pricing Confirmation shall indicate whether and what type of Credit Instrument and, if applicable, Reserve Credit Instrument will apply. The forms ofIndenture, alternative general types and forms of Credit Agreements, if any, and alternative general types and forms of Reserve Credit Agreements, if any, presented to this meeting are hereby acknowledged, and it is acknowledged that the Authority will execute and deliver the Indenture, one or more Credit Agreements, if applicable, and one or more Reserve Credit Agreements, if applicab]e, which shall be identified in the Pricing Confirmation, in ,5, h/7 /~ substantially one or more of said forms with such changes therein as the Authorized Representative who executes the Pricing Confirmation shall require or approve (substantially final forms of the Indenture, the Credit Agreement and, if applicable, the Reserve Credit Agreement are to be delivered to the Authorized Representative concurrent with the Pricing Confirmation), such approval of the Authorized Representative and this Legislative Body to be conclusively evidenced by the execution of the Pricing Confirmation. If the Credit Agreement identified in the Pricing Confirmation is the Reserve Indenture, it is acknowledged that the Authority will issue the Reserve Bonds pursuant to and as provided in the Reserve Indenture as finally executed. Anyone of the Authorized Representatives of the Local Agency is hereby authorized and directed to provide the Financial Advisor or the underwriter with such information relating to the Local Agency as the Financial Advisor or the underwriter shall reasonably request for inclusion in the Preliminary Official Statement and Official Statement of the Authority. Upon inclusion of the information relating to the Local Agency therein, the Preliminary Official Statement and Official Statement or such other offering document is, except for certain omissions permitted by Ru]e ]5c2,12 of the Securities Exchange Act of 1934, as amended (the "Rule"), hereby deemed final within the meaning of the Rule with respect to the Local Agency and any Authorized Representative of the Local Agency is authorized to execute a certificate to such effect. If, at any time prior to the end of the underwriting period, as defined in the Rule, any event occurs as a result of which the information contained in the Preliminary Official Statement or other offering document relating to the Local Agency might include an untrue statement of a material fact or omit to state any material fact necessary to make the statements therein, in light of the circumstances under which they were made, not misleading, the Local Agency shall promptly notify the Financial Advisor and the underwriter. Subject to Section 8 hereof, the Local Agency hereby agrees that if the Note shall become a Defaulted Note, the unpaid portion (including the interest component, if applicable) thereof or the portion (inc]uding the interest component, if applicable) to which a Credit Instrument applies for which full reimbursement on a draw, payment or claim has not been made by the Maturity Date shall be deemed outstanding and shall not be deemed to be paid until (i) any Credit Provider providing a Credit Instrument with respect to the Note or the Series of Bonds issued in connection with the Note, has been reimbursed for any drawings, payments or claims made under or from the Credit Instrument with respect to the Note, including interest accrued thereon, as provided therein and in the applicable Credit Agreement, and, (ii) the holders of the Note, or Series of the Bonds issued in connection with the Note, are paid the full principal amount represented by the unsecured portion of the Note plus interest accrued thereon (calculated at the Default Rate) to the date of deposit of such aggregate required amount with the Trustee. For purposes of clause (ii) of the preceding sentence, holders of the Series of Bonds will be deemed to have received such principal amount upon deposit of such moneys with the Trustee, Subject to Section 8 hereof, the Local Agency hereby agrees that if the Note shall become a Defaulted Reserve Note, the unpaid portion (including the interest component, if applicable) thereof or the portion (including the interest component, if applicable) to which a Reserve Credit Instrument, if any, applies for which full reimbursement on a Drawing has not -6- ,'.,...,...... ... , ".., ,.~j - +'.:':;:i',:'<~; .; :,- '. &/1 -- ¿; been made by the Reserve Principal Payment Date shall be deemed outstanding and shall not be deemed paid until (i) any Reserve Credit Provider providing a Reserve Credit Instrument with respect to the Reserve Bonds (against the Reserve Fund of which such Drawing was made) has been reimbursed for any Drawing or payment made under the Reserve Credit Instrument with respect to the Note, including interest accrued thereon, as provided therein and in the Reserve Credit Agreement, and (ii) the holders of the Note, or Series of Bonds issued in connection with the Note, are paid the full principal amount represented by the unsecured portion of the Note plus interest accrued thereon (calculated at the Default Rate) to the date of deposit of such aggregate required amount with the Trustee. For the purposes of clause (ii) of the preceding sentence, holders of the Series of Bonds will be deemed to have received such principal amount upon deposit of such moneys with the Trustee. The Local Agency agrees to payor cause to be paid, in addition to the amounts payable under the Note, any fees or expenses of the Trustee and, to the extent permitted by law, if the Loca] Agency's Note is secured in whole or in part by a Credit Instrument and, if applicable, a Reserve Credit Instrument (by virtue of the fact that the Series of Bonds is secured by a Credit Instrument and, if applicable, Reserve Bonds are secured by a Reserve Credit Instrument), any Predefault Obligations and Reimbursement Obligations (to the extent not payable under the Note), (i) arising out of an "Event of Default" hereunder (or pursuant to Section 7 hereof) or (ii) arising out of any other event (other than an event arising solely as a result of or otherwise attributable to a default by any other Issuer). In the case described in (ii) above with respect to Predefault Obligations, the Local Agency shall owe only the percentage of such fees, expenses and Predefault Obligations equal to the ratio of the principal amount of its Note over the aggregate principal amounts of all notes, including the Note, of the Series of which the Note is a part, at the time of original issuance of such Series. Such additional amounts will be paid by the Local Agency within twenty, five (25) days of receipt by the Local Agency of a bill therefor from the Trustee. Section 6. No Joint Obligation. The Note will be issued in conjunction with a note or notes of one or more other Issuers, assigned to secure a Series of Bonds. In all cases, the obligation of the Local Agency to make payments on or in respect to its Note is a several and not a joint obligation and is strictly limited to the Local Agency's repayment obligation under this Resolution and the Note. Section 7. Disposition of Proceeds of Note. A portion of the moneys received from the sale of the Note in an amount equal to the Local Agency's share of the costs of issuance (which shall include any fees and expenses in connection with any Credit Instrument (and the Reserve Credit Instrument, if any) applicable to the Note or Series of Bonds and the corresponding Reserve Bonds, if any) shall be deposited in the Costs of Issuance Fund held and invested by the Trustee under the Indenture and expended as directed by the Authority on costs of issuance as provided in the Indenture. The balance of the moneys received from the sale of the Note to the Authority shall be deposited in the Local Agency's Proceeds Subaccount hereby authorized to be created pursuant to, and held and invested by the Trustee under, the Indenture for the Loca] Agency and said moneys may be used and expended by the Local Agency for any ,7, " '., ." ~,; ,':' ;;:,'..,,' ~/9 - ? purpose for which it is authorized to use and expend moneys, upon requisition from the Proceeds Subaccount as specified in the Indenture, Amounts in the Proceeds Subaccount are hereby pledged to the payment ofthe Note. The Trustee will not create subaccounts within the Proceeds Fund, but will keep records to account separately for proceeds of the Bonds allocable to the Local Agency's Note on deposit in the Proceeds Fund which shall constitute the Local Agency's Proceeds Subaccount. Section 8. Source of Payment. (A) The principal amount of the Note, together with the interest thereon, shall be payable from taxes, income, revenue (including, but not limited to, revenue from the state and federal governments), cash receipts and other moneys which are received by the Local Agency for the general fund of the Local Agency and are attributable to Fisca] Year 1999-2000 and which are available for payment thereof. As security for the payment of the principal of and interest on the Note, the Local Agency hereby pledges certain unrestricted revenues (as hereinafter provided, the "Pledged Revenues") which are received by the Local Agency for the general fund of the Local Agency and are attributable to Fiscal Year 1999,2000, and the principal of the Note and the interest thereon shall constitute a first lien and charge thereon and shall be payable from the first moneys received by the Loca] Agency from such Pledged Revenues, and, to the extent not so paid, shall be paid from any other taxes, income, revenue, cash receipts and other moneys of the Local Agency lawfully available therefor (all as provided for in Sections 53856 and 53857 of the Act). The term "unrestricted revenues" shall mean all taxes, income, revenue (including, but not limited to, revenue from the state and federal governments), cash receipts, and other moneys, intended as receipts for the general fund of the Local Agency attributable to Fiscal Year 1999-2000 and which are generally available for the payment of current expenses and other obligations of the Local Agency. The Noteholders, Bondholders, Credit Provider and, if applicable, the Reserve Credit Provider shall have a first lien and charge on such certain unrestricted revenues as hereinafter provided which are received by the Local Agency and are attributable to Fiscal Year 1999,2000. In order to effect the pledge referenced in the preceding paragraph, the Local Agency hereby agrees and covenants to establish and maintain a special account within the Local Agency's general fund to be designated the "1999,2000 Tax and Revenue Anticipation Note Payment Account" (the "Payment Account") and further agrees and covenants to maintain the Payment Account until the payment of the principal of the Note and the interest thereon. Notwithstanding the foregoing, if the Local Agency elects to have Note proceeds invested in Permitted Investments to be held by the Trustee pursuant to the Pricing Confirmation, a subaccount of the Payment Account (the "Payment Subaccount") shall be established for the Local Agency under the Indenture and proceeds credited to such account shall be pledged to the payment of the Note. The Trustee need not create a subaccount, but may keep a record to account separately for proceeds of the Note so held and invested by the Trustee which record shall constitute the Local Agency's Proceeds Subaccount. Transfers from the Payment Subaccount shall be made in accordance with the Indenture. The Local Agency agrees to transfer to and deposit in the Payment Account the first amounts received in the months specified in the Pricing ,8, ,.,. "".... ~.(( "-,, c' '-. ,. ~d/~ Confirmation as Repayment Months (each individual month a "Repayment Month" and collective]y "Repayment Months") (and any amounts received thereafter attributable to Fiscal Year 1999,2000) until the amount on deposit in the Payment Account, together with the amount, if any, on deposit in the Payment Subaccount, is equal in the respective Repayment Months identified in the Pricing Confirmation to the percentage of the principal and interest due on the Note specified in the Pricing Confirmation. In making such transfer and deposit, lhe Local Agency shall not be required to physically segregate the amounts to be transferred to and deposited in the Payment Account from the Local Agency's other general fund moneys, but, notwithstanding any commingling of funds for investment or other purposes, the amounts required to be transferred to and deposited in the Payment Account shall nevertheless be subject to the lien and charge created herein. Anyone of the Authorized Representatives of the Local Agency is hereby authorized to approve the determination of the Repayment Months and percentages of the principal and interest due on the Note required to be on deposit in the Payment Account and/or the Payment Subaccount in each Repayment Month, all as specified in the Pricing Confirmation, by executing and delivering the Pricing Confirmation, such execution and delivery to be conclusive evidence of approval by this Legislative Body and such Authorized Representative; provided, however, that the maximum number of Repayment Months shall be six and the maximum amount of Pledged Revenues required to be deposited in each Repayment Month shall not exceed fifty percent (50%) of the aggregate principal and interest due on the Note. In the event on the day in each such Repayment Month that a deposit to the Payment Account is required to be made, the Local Agency has not received sufficient unrestricted revenues to permit the deposit into the Payment Account of the full amount of Pledged Revenues to be deposited in the Payment Account from said unrestricted revenues in said month, then the amount of any deficiency shall be satisfied and made up from any other moneys of the Local Agency lawfully available for the payment of the principal of the Note and the interest thereon, as and when such other moneys are received or are otherwise legally available. (B) Any moneys placed in the Payment Account or the Payment Subaccount shall be for the benefit of (i) the holder of the Note and the holders of Bonds issued in connection with the Notes, (ii) (to the extent provided in the Indenture) the Credit Provider, if any, and (iii) (to the extent provided in the Indenture and, if applicable, the Credit Agreement) the Reserve Credit Provider, if any. The moneys in the Payment Account and the Payment Subaccount shall be applied only for the purposes for which such Accounts are created until the principal of the Note and all interest thereon are paid or until provision has been made for the payment of the principal of the Note at maturity with interest to maturity (in accordance with the requirements for defeasance of the Bonds as set forth in the Indenture) and, if applicable, (to the extent provided in the Indenture and, if applicable, the Credit Agreement) the payment of all Predefault Obligations and Reimbursement Obligations owing to the Credit Provider and, if applicable, the Reserve Credit Provider. (C) The Local Agency hereby directs the Trustee to transfer on the Note Payment Deposit Date (as defined in the Indenture), any moneys in the Payment Subaccount to the Bond Payment Fund (as defined in the Indenture), In addition, on the Note Payment Deposit Date, the moneys in the Payment Account shall be transferred by the Local Agency to the Trustee, to the -9- "~nc_~·' .-'. I ."., ' -y.! '",' 'i!", t:A-¡ extent necessary (after crediting any transfer pursuant to the preceding sentence), to pay the principal of and/or interest on the Note or to reimburse the Credit Provider for payments made under or pursuant to the Credit Instrument. ]n the event that moneys in the Payment Account and/or the Payment Subaccount are insufficient to pay the principal of and interest on the Note in full when due, such moneys shall be applied in the following priority: first to pay interest on the Note; second to pay principal of the Note; third to reimburse the Credit Provider for payment, if any, of interest with respect to the Note; fourth to reimburse the Credit Provider for payment, if any, of principal with respect to the Note; fifth to reimburse the Reserve Credit Provider, if any, for payment, if any, of interest with respect to the Note; sixth to reimburse the Reserve Credit Provider, if any, for payment, if any, of principal with respect to the Note; and seventh to pay any Reimbursement Obligations of the Local Agency and any of the Local Agency's pro rata share of Predefault Obligations owing to the Credit Provider and Reserve Credit Provider (if any) as applicable. Any moneys remaining in or accruing to the Payment Account and/or the Payment Subaccount after the principal of the Note and the interest thereon and any Predefault Obligations and Reimbursement Obligations, if applicable, have been paid, or provision for such payment has been made, shall be transferred to the genera] fund of the Local Agency, subject to any other disposition required by the Indenture, or, if applicable, the Credit Agreement. Nothing herein shall be deemed to relieve the Local Agency from its obligation to pay its Note in full on the Maturity Date. CD) Moneys in the Proceeds Subaccount and in the Payment Subaccount shall be invested by the Trustee pursuant to the Indenture as directed by the Local Agency in Permitted Investments as described in and under the terms of the Indenture. Any such investment by the Trustee shall be for the account and risk of the Loca] Agency, and the Local Agency shall not be deemed to be relieved of any of its obligations with respect to the Note, the Predefault Obligations or Reimbursement Obligations, if any, by reason of such investment of the moneys in its Proceeds Subaccount or the Payment Subaccount. (E) At the written request of the Credit Provider, if any, or the Reserve Credit Provider, if any, the Loca] Agency shall, within ten (10) Business Days following the receipt of such written request, file such report or reports to evidence the transfer to and deposit in the Payment Account required by this Section 8 and provide such additional financial information as may be required by the Credit Provider, if any, or the Reserve Credit Provider, if any. Section 9. Execution of Note. Anyone of the Authorized Representatives of the Loca] Agency or any other officer designated by the Legis]ative Body shall be authorized to execute the Note by manual or facsimile signature and the Secretary or Clerk of the Legislative Body of the Local Agency, or any duly appointed assistant thereto, shall be authorized to countersign the Note by manual or facsimile signature. Said Authorized Representative of the Local Agency, is hereby authorized to cause the blank spaces of the Note to be filled in as may be appropriate pursuant to the Pricing Confirmation. The Authorized Representative is hereby authorized and directed to cause the Authority to assign the Note to the Trustee, pursuant to the terms and conditions of the Purchase Agreement, this Resolution and the Indenture, In case any Authorized Representative whose signature shall appear on any Note shall ,10, ,:,;':,',"; '¡',; ~/Î'/¿l cease to be an Authorized Representative before the delivery of such Note, such signature shall nevertheless be valid and sufficient for all purposes, the same as if such officer had remained in office until delivery. The Note need not bear the seal of the Local Agency, if any. Section 10. Intentionally Left Blank. This section has been included to preserve the sequence of section numbers for cross, referencing purposes. Section 11. Representations and Covenants of the Local Agency. The Local Agency makes the following representations for the benefit of the holder of the Note, the owners of the Bonds, the Credit Provider, if any, and the Reserve Credit Provider, if any: (A) The Local Agency is duly organized and existing under and by virtue of the laws of the State of California and has all necessary power and authority to (i) adopt this Resolution and perform its obligations thereunder, (ii) enter into and perform its obligations under the Purchase Agreement, and (iii) issue the Note and perform its obligations thereunder. (B) (i) Upon the issuance of the Note, the Local Agency shall have taken all action required to be taken by it to authorize the issuance and delivery of the Note and the performance of its obligations thereunder, and (ii) the Local Agency has full legal right, power and authority to issue and deliver the Note. (C) The issuance of the Note, the adoption of the Resolution and the execution and delivery of the Purchase Agreement, and compliance with the provisions hereof and thereof do not conflict with, breach or violate any law, administrative regulation, court decree, resolution, charter, by, laws or other agreement to which the Local Agency is subject or by which it is bound. (D) Except as may be required under blue sky or other securities laws of any state or Section 3(a)(2) of the Securities Act of 1933, there is no consent, approval, authorization or other order of, or filing with, or certification by, any regulatory authority having jurisdiction over the Local Agency required for the issuance and sale of the Note or the consummation by the Local Agency of the other transactions contemplated by this Resolution, except those the Local Agency shall obtain or perform prior to or upon the issuance of the Note. (E) The Local Agency has (or will have prior to the issuance of the Note) duly, regularly and properly adopted a preliminary budget for Fiscal Year] 999,2000 setting forth expected revenues and expenditures and has complied with all statutory and regulatory requirements with respect to the adoption of such budget. The Local Agency hereby covenants that it shall (i) duly, regularly and properly prepare and adopt its final budget for Fiscal Year ] 999,2000, (ii) provide to the Trustee, the Credit Provider, if any, the Reserve Credit Provider, if any, and the Financial Advisor and the underwriter, promptly upon adoption, copies of such final budget and of any subsequent revisions, modifications or amendments thereto and (iii) comply with all applicable laws pertaining to its budget. -] ], " . ~.: (.: '."', ~;," ~/J-// ----_..__..__._-"...._-"._~".,.._-_.._----,,_....._._.- (F) The sum of the principal amount of the Loca] Agency's Note plus the interest payable thereon, on the date of its issuance, shall not exceed fifty percent (50%) of the estimated amounts ofthe Local Agency's uncollected taxes, income, revenue (including, but not limited to, revenue from the state and federal governments), cash receipts, and other moneys to be received by the Local Agency for the general fund of the Local Agency attributable to Fiscal Year] 999, 2000, all of which will be legally available to pay principal of and interest on the Note. (G) The Local Agency (i) has not defaulted within the past twenty (20) years, and is not currently in default, on any debt obligation and (ii), to the best knowledge of the Local Agency, has never defaulted on any debt obligation. (H) The Loca] Agency's most recent audited financial statements present fairly the financial condition of the Local Agency as of the date thereof and the results of operation for the period covered thereby. Except as has been disclosed to the Financial Advisor and the underwriter, the Credit Provider, if any, and the Reserve Credit Provider, if any, there has been no change in the financial condition of the Local Agency since the date of such audited financial statements that will in the reasonable opinion of the Local Agency materially impair its ability to perform its obligations under this Resolution and the Note. The Local Agency agrees to furnish to the Authority, the Financial Advisor, the underwriter, the Trustee, the Credit Provider, if any, and the Reserve Credit Provider, if any, promptly, from time to time, such information regarding the operations, financial condition and property of the Loca] Agency as such party may reasonably request. (I) There is no action, suit, proceeding, inquiry or investigation, at law or in equity, before or by any court, arbitrator, governmental or other board, body or official, pending or, to the best knowledge of the Local Agency, threatened against or affecting the Local Agency questioning the validity of any proceeding taken or to be taken by the Local Agency in connection with the Note, the Purchase Agreement, the Indenture, the Credit Agreement, if any, the Reserve Credit Agreement, if any, or this Reso]ution, or seeking to prohibit, restrain or enjoin the execution, delivery or performance by the Local Agency of any of the foregoing, or wherein an unfavorable decision, ruling or finding would have a materially adverse effect on the Local Agency's financial condition or results of operations or on the ability of the Loca] Agency to conduct its activities as presently conducted or as proposed or contemplated to be conducted, or would materially adversely affect the validity or enforceability of, or the authority or ability of the Local Agency to perform its obligations under, the Note, the Purchase Agreement, the Indenture, the Credit Agreement, if any, the Reserve Credit Agreement, if any, or this Resolution. (J) Upon issuance of the Note and execution of the Purchase Contract, this Resolution, the Purchase Contract and the Note will constitute legal, valid and binding agreements of the Local Agency, enforceable in accordance with their respective terms, except as such enforceability may be limited by bankruptcy or other laws affecting creditors' rights generally, the application of equitable principles if equitable remedies are sought, the exercise of judicial discretion in appropriate cases and the limitations on legal remedies against local agencies, as ,12- ;,: ~'-' "),:~ f.: ': ~/Î ,.¡:< -_.__._-_..~-_._...__._.__.__._---_....._- -..-..-..- -.. applicable, in the State of California. (K) The Local Agency and its appropriate officials have duly taken, or will take, all proceedings necessary to be taken by them, if any, for the levy, receipt, collection and enforcement of the Pledged Revenues in accordance with law for carrying out the provisions of this Resolution and the Note. (L) The Loca] Agency shall not incur any indebtedness secured by a pledge of its Pledged Revenues unless such pledge is subordinate in all respects to the pledge of Pledged Revenues hereunder. (M) So long as the Credit Provider, if any, is not in payment default under the Credit Instrument or the Reserve Credit Provider, if any, is not in default under the corresponding Reserve Credit Agreement, the Local Agency hereby agrees to pay its pro rata share of all Predefault Obligations and all Reimbursement Obligations attributable to the Local Agency in accordance with provisions of the Credit Agreement, if any, the Reserve Credit Agreement, if any, and/or the Indenture, as applicable. Prior to the Maturity Date, moneys in the Local Agency's Payment Account and/or Payment Subaccount shall not be used to make such payments. The Local Agency shall pay such amounts promptly upon receipt of notice from the Credit Provider or from the Reserve Credit Provider, if applicable, that such amounts are due to it. (N) So long as any Bonds issued in connection with the Notes are Outstanding, or any Predefault Obligation or Reimbursement Obligation is outstanding, the Local Agency will not create or suffer to be created any pledge of or lien on the Note other than the pledge and lien of the Indenture. Section 12. Tax Covenants. (A) The Local Agency shall not take any action or fail to take any action if such action or failure to take such action would adversely affect the exclusion from gross income of the interest payable on the Note or Bonds under Section 103 of the Internal Revenue Code of] 986 (the "Code"). Without limiting the generality of the foregoing, the Local Agency shall not make any use of the proceeds of the Note or Bonds or any other funds of the Local Agency which would cause the Note or Bonds to be an "arbitrage bond" within the meaning of Section 148 of the Code, a "private activity bond" within the meaning of Section ]4l(a) of the Code, or an obligation the interest on which is subject to federal income taxation because it is "federally guaranteed" as provided in Section ] 49(b) of the Code. The Local Agency, with respect to the proceeds of the Note, will comply with all requirements of such sections of the Code and all regulations of the United States Department of the Treasury issued or applicable thereunder to the extent that such requirements are, at the time, applicable and in effect. (B) The Local Agency hereby (i) represents that the aggregate face amount of all tax- exempt obligations (including any tax,exempt leases, but excluding private activity bonds), issued and to be issued by the Local Agency during calendar year 1999, including the Note, is not -13, ,... ¿/l---/3 reasonably expected to exceed $5,000,000; or, in the alternative, (ii) covenants that the Local Agency will take all legally permissible steps necessary to ensure that all of the gross proceeds of the Note will be expended no later than the day that is six months after the date of issuance of the Note so as to satisfy the requirements of Section ]48(f)(4)(B) of the Code. (C) Notwithstanding any other provision of this Resolution to the contrary, upon the Local Agency's failure to observe, or refusal to comply with, the covenants contained in this Section 12, no one other than the holders or former holders of the Note, the owners of the Bond, the Credit Provider, if any, the Reserve Credit Provider, if any, or the Trustee on their behalf shall be entitled to exercise any right or remedy under this Resolution on the basis of the Local Agency's failure to observe, or refusal to comply with, such covenants. (D) The covenants contained in this Section 12 shall survive the payment of the Note. Section 13. Events of Default and Remedies. If any of the following events occurs, it is hereby defined as and declared to be and to constitute an "Event of Default"; (A) Failure by the Loca] Agency to make. or cause to be made the transfers and deposits to the Payment Account, or any other payment required to be paid hereunder, including payment of principal and interest on the Note, on or before the date on which such transfer, deposit or other payment is due and payable; (B) Failure by the Local Agency to observe and perform any covenant, condition or agreement on its part to be observed or performed under this Resolution, for a period of fifteen (15) days after written notice, specifying such failure and requesting that it be remedied, is given to the Loca] Agency by the Trustee, the Credit Provider, if applicable, or the Reserve Credit Provider, if applicable, unless the Trustee and the Credit Provider or the Reserve Credit Provider, if applicable, shall all agree in writing to an extension of such time prior to its expiration; (C) Any warranty, representation or other statement by or on behalf of the Local Agency contained in this Resolution or the Purchase Agreement (including the Pricing Confirmation) or in any requisition or any financial report delivered by the Local Agency or in any instrument furnished in compliance with or in reference to this Resolution or the Purchase Agreement or in connection with the Note, is false or misleading in any materia] respect; (D) A petition is filed against the Local Agency under any bankruptcy, reorganization, arrangement, insolvency, readjustment of debt, dissolution or Jiquidation law of any jurisdiction, whether now or hereafter in effect and is not dismissed within 30 days after such filing, but the Trustee shall have the right to intervene in the proceedings prior to the expiration of such thirty (30) days to protect its and the Bond Owners' (or Noteholders') interests; (E) The Local Agency files a petition in voluntary bankruptcy or seeking reJief under ,]4, "of-,,- " '., ';'ii'.;.·, : ...,-..'.,.....",."... tll-1i ---~-------_._.._.,_. -,.----..------.---.... --- any provision of any bankruptcy, reorganization, arrangement, insolvency, readjustment of debt, dissolution or liquidation law of any jurisdiction, whether now or hereafter in effect, or consents to the filing of any petition against it under such law; or (F) The Loca] Agency admits insolvency or bankruptcy or is generally not paying its debts as such debts become due, or becomes insolvent or bankrupt or makes an assignment for the benefit of creditors, or a custodian (including without limitation a receiver, liquidator or trustee) of the Local Agency or any of its property is appointed by court order or takes possession thereof and such order remains in effect or such possession continues for more than 30 days, but the Trustee shall have the right to intervene in the proceedings prior to the expiration of such thirty (30) days to protect its and the Bond Owners' or Noteholders' interests. Whenever any Event of Default referred to in this Section 13 shall have happened and be continuing, the Trustee, as holder of the Note, shall, in addition to any other remedies provided herein or by law or under the Indenture, if applicable, have the right, at its option without any further demand or notice, to take one or any combination of the following remedial steps: (1) Without declaring the Note to be immediately due and payable, require the Local Agency to pay to the Trustee, as holder of the Note, an amount equal to the principal of the Note and interest thereon to maturity, plus all other amounts due hereunder, and upon notice to the Local Agency the same shall become immediately due and payable by the Local Agency without further notice or demand; and (2) Take whatever other action at law or in equity (except for acceleration of payment on the Note) which may appear necessary or desirable to collect the amounts then due and thereafter to become due hereunder and under the Note or to enforce any other of its rights hereunder. Notwithstanding the foregoing, if the Local Agency's Note is secured in whole or in part by a Credit Instrument (other than the Reserve Fund) or if the Credit Provider is subrogated to rights under the Local Agency's Note, as long as the Credit Provider has not failed to comply with its payment obligations under the Credit Instrument, the Credit Provider shall have the right to direct the remedies upon any Event of Default hereunder, and, not withstanding the foregoing, if a Reserve Credit Instrument is applicable, as long as the Reserve Credit Provider has not failed to comply with its payment obligations under the Reserve Credit Agreement, the Reserve Credit Provider shall have the right (prior to the Credit Provider) to direct the remedies upon any Event of Default hereunder, in each case so long as such action will not materially adversely affect the rights of any Bond Owner, and the Credit Provider's and Reserve Credit Provider's (if any) prior consent shall be required to any remedial action proposed to be taken by the Trustee hereunder. If the Credit Provider is not reimbursed for any drawing, payment or claim, as applicable, used to pay principal of and interest on the Note due to a default in payment on the ,(.,', ,15, t-â '-/3 "~C1( ,.. ,~::.., ~.: Note by the Local Agency, or if any principal of or interest on the Note remains unpaid after the Maturity Date, the Note shall be a Defaulted Note, the unpaid portion (including the interest component, if applicable) thereof or the portion (including the interest component, if applicable) to which a Credit Instrument applies for which reimbursement on a draw, payment or claim has not been made shall be deemed outstanding and shall bear interest at the Default Rate until the Local Agency's obligation on the Defaulted Note is paid in full or payment is duly provided for, all subject to Section 8 hereof. If the Credit Instrument is the Reserve Fund and the Reserve Bonds are secured by the Reserve Credit Instrument and all principal of and interest on the Note is not paid in full by the Reserve Principal Payment Date, the Defaulted Note shall become a Defaulted Reserve Note and the unpaid portion (including the interest component, if applicable) thereof (or the portion thereof with respect to which the Reserve Fund applies for which reimbursement on a Drawing has not been fully made) shall be deemed outstanding and shall bear interest at the Default Rate until the Local Agency's obligation on the Defaulted Reserve Note is paid in full or payment is duly provided for, all subject to Section 8 hereof. Section 14. Trustee. The Local Agency hereby directs and authorizes the payment by the Trustee of the interest on and principal of the Note when such become due and payable, from amounts received by the Trustee from the Local Agency in the manner set forth herein. The Local Agency hereby covenants to deposit funds in such account or fund, as applicable, at the time and in the amount specified herein to provide sufficient moneys to pay the principal of and interest on the Note on the Note Payment Deposit Date. Payment of the Note shall be in accordance with the terms of the Note and this Resolution. Section 15. Sale of Note. The Note shall be sold to the Authority, in accordance with the terms ofthe Purchase Agreement, hereinbefore approved, and issued payable to the Trustee, as assignee of the Authority. Section 16. Intentionally Left Blank. This section has been included to preserve the sequence of section numbers for cross,referencing purposes. Section 17. Approval of Actions. The aforementioned Authorized Representatives of the Local Agency are hereby authorized and directed to execute the Note and cause the Trustee to accept delivery of the Note, pursuant to the terms and conditions of the Purchase Agreement and the Indenture. All actions heretofore taken by the officers and agents of the Local Agency or this Legislative Body with respect to the sale and issuance of the Note and participation in the Program are hereby approved, confirmed and ratified and the Authorized Representatives and agents of the Local Agency are hereby authorized and directed, for and in the name and on behalf of the Local Agency, to do any and all things and take any and all actions and execute any and all certificates, agreements and other documents which they, or any of them, may deem necessary or advisable in order to consummate the lawful issuance and delivery of the Note in accordance with, and related transactions contemplated by, this Resolution. The Authorized Representatives of the Local Agency referred to above in Section 4 hereof are ,16, ;¡::.: .,- :·(r··'><'··' ¿{/?-/~ hereby designated as "Authorized Local Agency Representatives" under the Indenture. In the event that the Note or a portion thereof is secured by a Credit Instrument, anyone ofthe Authorized Representatives of the Local Agency is hereby authorized and directed to provide the Credit Provider and, if applicable, the Reserve Credit Provider, with any and all information relating to the Local Agency as such Credit Provider or Reserve Credit Provider may reasonably request. Section 18. Proceedings Constitute Contract. The provisions of the Note and of this Resolution shall constitute a contract between the Local Agency and the registered owner of the Note, and such provisions shall be enforceable by mandamus or any other appropriate suit, action or proceeding at law or in equity in any court of competent jurisdiction, and shall be irrepealable. The Credit Provider, if any, and the Reserve Credit Provider, if any, are third party beneficiaries of the provisions of this Resolution and the Note. Section 19. Limited Liability. Notwithstanding anything to the contrary contained herein or in the Note or in any other document mentioned herein or related to the Note or to any Series of Bonds to which the Note may be assigned, the Local Agency shall not have any liability hereunder or by reason hereof or in connection with the transactions contemplated hereby except to the extent payable from moneys available therefor as set forth in Section 8 hereof. Section 20. Amendments. At any time or from time to time, the Local Agency may adopt one or more Supplemental Resolutions with the written consents of the Authority, the Credit Provider, if any, and the Reserve Credit Provider, if any, but without the necessity for consent of the owner of the Note or of the Bonds issued in connection with the Note for anyone or more of the following purposes: (A) to add to the covenants and agreements of the Local Agency in this Reso]ution, other covenants and agreements to be observed by the Loca] Agency which are not contrary to or inconsistent with this Resolution as theretofore in effect; (B) to add to the limitations and restrictions in this Resolution, other limitations and restrictions to be observed by the Local Agency which are not contrary to or inconsistent with this Resolution as theretofore in effect; (C) to confirm, as further assurance, any pledge under, and the subjection to any lien or pledge created or to be created by, this Resolution, of any monies, securities or funds, or to establish any additional funds or accounts to be held under this Resolution; (D) to cure any ambiguity, supply any omission, or cure or correct any defect or inconsistent provision in this Resolution; or (E) to amend or supplement this Resolution in any other respect; ,17, " : "~':i" ':'.' .. >co' ¿/Î~I ? provided, however, that any such Supplemental Resolution does not adversely affect the interests of the owners of the Note or of the Bonds issued in connection with the Notes. Any modifications or amendment of this Resolution and of the rights and obligations of the Loca] Agency and of the owner of the Note or of the Bonds issued in connection with the Note may be made by a Supplemental Resolution, with the written consents of the Authority, the Credit Provider, if any, and the Reserve Credit Provider, if any, and with the written consent of the owners of at least a majority in principal amount of the Note and of the Bonds issued in connection with the Note outstanding at the time such consent is given; provided, however, that if such modification or amendment will, by its terms, not take effect so long as the Note or any Bonds issued in connection with the Note remain outstanding, the consent of the owners of such Note or of such Bonds shall not be required. No such modification or amendment shall permit a change in the maturity of the Note or a reduction of the principal amount thereof or an extension of the time of any payment thereon or a reduction of the rate of interest thereon, or a change in the date or amounts of the pledge set forth in this Resolution, without the consent of the owners of such Note or the owners of all the Bonds issued in connection with the Note, or shall reduce the percentage of the Note or Bonds the consent of the owners of which is required to effect any such modification or amendment, or shall change or modify any of the rights or ob1igations of the Trustee without its written assent thereto. Section 21. Severability. In the event any provision of this Resolution shall be held invalid or unenforceable by any court of competent jurisdiction, such holding shall not inva1idate or render unenforceable any other provision hereof. Section 22. Appointment of Bond Counsel. The law firm of Orrick, Herrington & Sutcliffe LLP, Los Angeles, California is hereby appointed as Bond Counsel for the Program. The Loca] Agency acknowledges that Bond Counsel regularly performs legal services for many private and public entities in connection with a wide variety of matters, and that Bond Counsel has represented, is representing or may in the future represent other public entities, underwriters, trustees, rating agencies, insurers, credit enhancement providers, lenders, financial and other consultants who may have a role or interest in the proposed financing or that may be involved with or adverse to Local Agency in this or some other matter. Given the special, limited role of Bond Counsel described above the Local Agency acknowledges that no conflict of interest exists or would exist, waives any conflict of interest that might appear to exist, and consents to any and all such relationships. Section 23. Appointment of Financial Advisor and Underwriter. Sutro & Co. Incorporated, Los Angeles, California is hereby appointed as financial advisor for the Program. Morgan Stanley & Co. Inc., together with such co-underwriters, if any, identified in the Purchase Contract, is hereby appointed as underwriter for the Program. Section 24. after its date of adoption. Effective Date. This Resolution shall take effect from and ,18, '" . ~,. :-;:... ;",..:,.'_.õ ;\- ", ¿/l-¡ ð Section 25. Resolution Parameters. (A) Name of Local Agency: CITY OF CHULA VISTA (1) Maximum Amount of Borrowing: SIX MILLION, FIVE HUNDRED THOUSAND DOLLARS (B) Authorized Representatives: TITLE 1. Director of Finance 2. Assistant Director of Finance 3. City Manager Presented by Approved as to Form by Robert A. Powell, Director of Finance John M. Kaheny, City Attorney H:\home\attomey\trannote ,19- ,,' ·,.,:,."·::,'):'1': . &/7 ~/ c¡ PURCHASE AGREEMENT THIS PURCHASE AGREEMENT (the "Purchase Agreement"), dated as of the purchase date (the "Purchase Date") specified in Exhibit A attached hereto and made a part hereof, entered into by and between the signatory local agency designated in Exhibit A (the "Local Agency") and the California Statewide Communities Development Authority (the "Authority"), for the sale and delivery of the principal amount specified in Exhibit A of the Local Agency's] 999, 2000 Tax and Revenue Anticipation Note (the "Note") to be issued in conjunction with the notes of other Issuers (as hereinafter defined) participating in the Program (as hereinafter defined), as determined in the Pricing Confirmation (as hereinafter defined), pooled with notes of other Issuers and assigned to secure a series (the "Series") of bonds (the "Bonds") designated in Exhibit A; WITNESSETH: WHEREAS, local agencies are authorized by Sections 53850 to 53858, both inclusive. of the Government Code of the State of California (the "Act") (being Article 7,6, Chapter 4, Part], Division 2, Title 5 of the Government Code) to borrow money by th~ issuanc~ 0' temporary notes; WHEREAS, the legislative body of the Local Agency (the "Legislativ~ Body") has heretofore adopted its resolution finding that the Local Agency needs to borrow funds in its fiscal year ending June 30, 2000 ("Fiscal Year 1999-2000") in the principal amount set forth in Exhibit A and that it is necessary that said sum be borrowed at this time by the issuance of a note therefor in anticipation of the receipt of taxes, income, revenue, cash receipts and other moneys to be received by the Local Agency during or attributable to Fiscal Year 1999,2000; WHEREAS, on the resolution date set forth in Exhibit A, the Local Agency adopted (as specified in Exhibit A) a resolution or resolutions (collectively or singu]arly, as applicable, the "Resolution") authorizing the issuance and sale of the Note in the name and on behalf of the Local Agency; WHEREAS, the Local Agency has determined that it is in the best interests of the Local Agency to participate in the California Communities Cash Flow Financing Program (the "Program"), whereby participating local agencies (the "Issuers") will simultaneously issue tax and revenue anticipation promissory notes for purchase by the Authority; WHEREAS, under the Program, the Authority will form one or more pools of notes (the "Pooled Notes") and assign each note to a particular pool (the "Pool") and sell a Series of Bonds secured by each Pool pursuant to an indenture, dated as of July 1, 1999 (the "Indenture"), by and between the Authority and U.S. Trust Company, N,A. (the "Trustee"), and sell each such Series to Morgan Stanley & Co. Incorporated, as representative of the underwriters of the Program (collectively, the "Underwriter"); ©1999, Orrick, Herrington & Sutcliffe LLP. All rights reserved. DOCSLA I ,~99208,] / .L).".. 'J ~ 409:!C)·~05 J('6 (j> / / øL.- C/ \YHEREAS, if so indicated in Exhibit A, the payment by the Local Agency of its Note will be secured in whole or in part (jointly, but not severally, with notes of the other participating Issuers assigned to the same Series of Bonds) by a letter of credit, policy of insurance, proceeds received from a separate bond issue issued by the Authority for such purpose (the "Reserve Fund") or other credit instrument (collectively, the "Credit Instrument") to be issued by the entity or entities designated in Exhibit A as the credit provider (the "Credit Provider"); WHEREAS, such Credit Instrument may be issued pursuant to a reimbursement agrccment, commitment letter, indenture or other agreement (the "Credit Agreement") as identified in Exhibit A; WHEREAS, in order to participate in the Program, the Local Agency has agreed to be responsible for its share of the fees and expenses of the Trustee, and, if applicable, the Credit Provider and the costs of issuing the Bonds, and the costs, if applicable, of issuing the Credit Instrument, which anticipated fees, expenses and costs of issuance will be deducted ITom the purchase price set forth in Exhibit A and which unanticipated fees, expenses and costs of issuance will be billed to the Local Agency as the same may arise; WHEREAS, the costs of issuance which wil1 be deducted ITom the purchase price set forth in Exhibit A for the Local Agency shall not exceed one percent (] %) of the principal amount of each Note; and WHEREAS, pursuant to the Program, the Authority is submitting this offer to purchase the Note pursuant to this Purchase Agreement; NOW, THEREFORE, for good and valuable consideration the receipt and sufficiency of which is hereby acknowledged, the parties hereto agree as follows: Section I. Obligation to Purchase. Upon the terms and conditions and in reliance upon the representations, warranties and agreements set forth herein, the Authority shall purchase from the Local Agency, and the Local Agency shall sell to the Authority, the Note, as described herein and in the Resolution. Section 2. Purchase Price. The purchase price of the Note shall be the purchase price set forth in the pricing confirmation attached hereto as Exhibit A (the "Pricing Confirmation"). The Note shall bear interest at an interest rate per annum set forth in the Pricing Confirmation, which is hereby agreed to by and between the Authority and the Local Agency by its duly authorized representative executing this Purchase Agreement on behalf of the Local Agency. Section 3. Adiustments to Principal Amount of Note and Purchase Price. The Authority and the Local Agency hereby agree that the principal amount of the Note purchased by the Authority and sold to the Authority by the Local Agency pursuant to this Purchase Agreement may be reduced, as determined by the Authority and each Local Agency, based upon the advice of Orrick, Herrington & Sutcliffe LLP ("Bond Counsel"), in order that the proceeds produced from such sale of such Note will be an amount which will not be subject to DOCS!.:\] :2992010;. 1 40929-205.rC6 2 ¿'~~~I either (i) yield restriction (in order for interest to be excluded from gross income under Section 103 of the Internal Revenue Code of 1986, as amended (the "Code"» or (ii) a rebate requirement (under Section ]48 of the Code). The Authority and the Local Agency hereby further agree that the purchase price of the Note shall be reduced as a result of any reduction of the principal amount of the Note required by this section. Section 4. Delivery of and Payment for the Note. The delivery of the Note (the "Closing") shall take place at 8:00 a.m., California time, on the closing date set forth in the Pricing Confirmation or at such other time or date as may be mutually agreeable to the Loca] Agency, the Authority and the Underwriter, at the Los Ange]es office of Orrick, Herrington & Sutcliffe LLP or such other place as the Loca] Agency, the Authority and the Underwriter shall mutually agree. At the Closing, the Local Agency shall cause the Note to be delivered to the Authority, duly executed and authenticated, together with the other documents hereinafter mentioned, and the proceeds of the purchase price of the Note set forth in the Pricing Confirmation shall be deposited in an amount indicated in the Pricing Confitl11ation as the Deposit to Proceeds Fund which shall be held by the Trustee for the Local Agency and the remainder in the Costs of Issuance Fund held thereunder. If at any time prior to 90 days after the Closing Date, any event occurs as a result of which infomlation relating to the Local Agency included in the official statement of the Authority relating to the Series of Bonds to which the Note is assigned (the "Official Statement") contains an untrue statement of a material fact or omits to state any material fact necessary to make the statements therein in light of the circumstances under which they were made, not misleading, the Local Agency shall promptly notifY the Authority and the Underwriter thereof, and if, in the opinion of the Authority or the Underwriter, such event requires the preparation and publication of a supplement or amendment to the Official Statement, the Local Agency shall cooperate with the Authority and the Underwriter in the preparation of an amendment or supplement to the Official Statement in a form and in a manner approved by the Authority and the Underwriter, and all reasonable expenses incurred thereby shall be paid by the Local Agency. Section 5. The Note. The Note shall be issued in substantially the form set forth in the Resolution, without coupons in the full principal amount set forth in Exhibit A. Section 6. Representations and Warranties of the Local Agencv. The Local Agency represents and warrants to the Authority and the Underwriter that: (a) All representations and warranties set forth in the Resolution are true and correct on the date hereof and are made for the benefit of the Authority and the Underwriter as if set forth herein. (b) The information relating to the Local Agency included in the Official Statement does not contain any untrue statement of a material fact or omit to state any material fact necessary to make the statements therein in light of the circumstance under which they were made not misleading, DOCSLA] :299208.1 40Q2{)':!05 JC6 3 ~/Î /';2:< _.._.~,.__._----,...- .--..-----.-.- (c) A copy of the Resolution has been delivered to the Authority and the Underwriter, and the Resolution will not be amended or repealed without the consent of the Authority and the Underwriter, which consent will not be unreasonably withheld. (d) The Local Agency acknowledges that the Authority is authorized to execute the Indenture, to assign the Note to the Trustee under the Indenture and to issue the Series of Bonds pursuant to the Indenture. (e) The Local Agency shall provide the required Payment Account Deposit Certification (upon a request therefor) in accordance with Section 5.06 of the Indenture. (f) The Local Agency has not issued and will not issue any obligation or obligations, other than the Note, to finance the working capital deficit for which the Note is being issued. Section 7. Closing are as follows: Conditions Precedent to the Closing. Conditions precedent to the (a) The execution and delivery of the Note consistent with the Resolution. (b) Delivery of a legal opinion addressed to the Local Agency (with a reliance letter addressed to the Authority and the Underwriter), dated the date of closing of Bond Counsel with respect to the validity of the Note in fonn and substance acceptable to the Authority and the Underwriter. (c) Delivery of a legal opinion, dated the date of Closing, of counsel to the Local Agency, with respect to the due authorization, execution and delivery of the Note, in fonn and substance acceptable to Bond Counsel. (d) Approval by the Credit Provider of the credit of the Local Agency and inclusion of the Local Agency's Note in the assignment, together with notes of other Issuers, to a Series of Bonds, to secure the Series of Bonds, which approval in the event the Credit Instrument is the Reserve Fund shall be evidenced by the issuance of an "SP,] +" rating with respect to the applicable Series of Bonds by Standard & Poor's Ratings Services. (e) Delivery of each certificate, document, instrument and opinion required by the agreement between the Authority and the Underwriter for the sale by the Authority and purchase by the Underwriter of the Series of Bonds to which the Pooled Note is assigned. (f) Delivery of such other certificates, instruments or opinions as Bond Counsel may deem necessary or desirable to evidence the due authorization, execution and delivery of documents pertaining to this transaction and the legal, valid and binding nature thereof or as may be required by the Credit Agreement, as well as compliance of all parties with the tem1S and conditions thereof. DOCSL/\ I :29920R.] 4092\)-205 JC6 4 C::d~cJÆ Section 8. Events Permittinf the Authoritv to Terminate. The Authority may terminate its obligation to purchase the Note at any time before the Closing if any of the following occurs: (a) Any legis]ative, executive or regulatory action (including the introduction of legislation) or any court decision which, in the judgment of the Authority, casts sufficient doubt on the legality of obligations such as the Note, and the tax-exempt status of interest on obligations such as the Bonds, so as to impair materially the marketability or to reduce materially the market price of such obligations; (b) Any action by the Securities and Exchange Commission or a court which would require registration of the Note, the Bonds or any instrument securing the Note or Bonds under the Securities Act of ] 933, as amended, in connection with the public offering thereof, or qualification of the Resolution or the Indenture under the Trust Indenture Act of 1939, as amended; (c) Any restriction on trading in securities, or any banking moratorium, or the inception or escalation of any war or major military hostilities which, in the judgment of the Authority, substantially impairs the ability of the Underwriter to market the Bonds; or (d) The Underwriter terminates its obligation to purchase the Series of Bonds to which the Note is assigned pursuant to its agreement with the Authority for the purchase of such Series of Bonds. Neither the Underwriter nor the Authority shall be responsible for the payment of any fees, costs or expenses of the issuance, offering and sale ofthe Loca] Agency's Note except the Underwriter shall be responsible for California Debt and Investment Advisory Commission fees and for its own internal costs. The fees, costs and expenses that are categorized in the "Costs of Issuance" definition in the Indenture shall be paid ITom the Costs of Issuance Fund. The Local Agency shall pay any additional costs attributable to it as set forth in the Resolution other than the fees, costs and expenses so payable ITom the applicable Costs ofIssuance Fund. Section 9. Indemnification. To the extent permitted by law, the Local Agency agrees to indemnify and hold harmless the Authority and the Underwriter and each person, if any, who controls (within the meaning of Section 15 of the Securities Act of 1933, as amended, or of Section 20 of the Securities Act of 1934, as amended) the Authority or the Underwriter, and the officers, directors, agents and employees of the Authority and the Underwriter against any and all losses, claims, damages, liabilities and expenses arising out of any statement or information in the Preliminary Official Statement or in the Official Statement (other than statements or information regarding an Issuer other than the Local Agency) that is untrue or incorrect in any material respect or the omission or alleged omission therefrom of any statement or information (other than statements or information regarding an Issuer other than the Local Agency) that should be stated therein or that is necessary to make the statements and infomlation therein not misleading in any material respect. [)OCSL\ 1 :~tN2{)¡;.] 409~9~~05 JC6 5 ¿/l---,.< Y Section] O. Credit Agreement. The Local Agency shall comply with all lawful and proper requests of the Authority in order to enable the Authority to comply with all of the terms, conditions and covenants binding upon it under the Credit Agreement. Section 11. Notices. Any notices to be given to the Underwriter under the Purchase Agreement shall be given in writing to Morgan Stanley & Co. Incorporated, Attention: 555 California Street, Suite 2200, San Francisco, CA 94104. Any notices to be given to the Authority under the Purchase Agreement shall be given in writing to the Authority, ] 100 "K" Street, Suite ]0], Sacramento, CA 958]4, Attention: Secretary. Any notices to be given to the Local Agency shall be given in writing to the address specified in Exhibit A, Section 12. No Assignment. The Purchase Agreement has been made by the Local Agency and the Authority, and no person other than the Local Agency and the Authority or their successors or assigns and the Underwriter shall acquire or have any right under or by virtue of the Purchase Agreement. All of the representations, warranties and agreements contained in the Purchase Agreement shall survive the delivery of and payment by the Authority for the Note and any termination of the Purchase Agreement. Section 13. Applicable Law. The Purchase Agreement shall be interpreted, governed and enforced in accordance with the laws of the State of California. Section 14. Effectiveness. The Purchase Agreement shall become effective upon the execution hereof by the Authority and execution of the Pricing Confirmation by the Local Agency, and the Purchase Agreement, including the Pricing Confirmation, shall be valid, binding and enforceable from and after the time of such effectiveness. Section 15. Severability. In the event any provision of the Purchase Agreement shall be held invalid or unenforceable by any court of competent jurisdiction, such holding shall not invalidate or render unenforceable any other provision hereof. Section 16. Headings. Any headings preceding the text of several sections hereof shall be solely for convenience of reference and shall not constitute a part of this Agreement, nor shall they affect its meaning, construction or effect. DOCSLA ¡ :29920~.1 4Ü929·~05 .IC6 6 --- ¿ ~ --.2b Section 17. Execution in Counterparts, This Purchase Agreement may be executed and entered into in several counterparts, each of which shall be deemed an original, and all of which shall constitute but one and the same instrument. IN WITNESS WHEREOF, the parties hereto have caused this Purchase Agreement to be executed by their duly authorized representatives as of the Purchase Date set forth in Exhibit A attached hereto and incorporated herein. CALIFORNIA STATEWIDE COMMUNITIES DEVELOPMENT AUTHORITY By: Member of the Commission of the Authority DOCSL,\ I :299208.1 40929·205 JC(J 7 ¿/9-c2(p EXHJBn A Pricing Confirmation Supplement Local Agellcy: CITY OF CHULA VISTA Pricillg IlIformatioll Principal Amount of Note: Interest Rate on Note: $ % Re,Offering YIeld: Purchase Price % (Yo Default Rate: % Purchase Price: $_ Less: Cost of Issuance: _% Credit Enhancement: _% Deposll to Note Proceeds Account: $ Importallt Dates ResolU!lon Date of Local Agency: Purchase Date: Closing Date: Maturity Date: Interest Payment Date(s): Note Payment Deposit Date: First Pledge Month Ending: Pledge Amount: P]edge Percentage: Second Pledge Month Ending: Pledge Amount: $- _0/0 $_ _{Yo Pledge Percentage: Investment Agreement Illformatioll GIC Provider Long Term Ratings (S&P/Moody's) Short Term Credit Ratings (S&P/Moody's) Interest Rate on GIC _0/0 l)OCSl:\] :.:!992uS.] 409~C)-20.'ì JC(¡ A-I 6/7 ro'< ? ------_.__._..._._---~,- RESOLUTION NO. ~5?~~~ RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA DIRECTING THE CITY MANAGER TO INCLUDE IN THE FISCAL YEAR 1999/00 PROPOSED BUDGET APPROPRIATIONS OF $245,000 FOR TAX AND REVENUE ANTICIPATION NOTE PROJECTED INTEREST AND ISSUANCE COSTS AND ESTIMATED INTEREST REVENUES OF $245,000 FROM INVESTMENT OF THE NOTE PROCEEDS WHEREAS, very preliminary cash flow proj ections show that the General Fund could incur a maximum temporary cash shortfall of approximately $6.8 million in early December based on a balanced budget of $73.0 million; and WHEREAS, under current federal tax laws, the city may borrow on a tax exempt basis an amount not to exceed the projected maximum deficit plus a reasonable working capital reserve; and WHEREAS, this formula results in a maximum borrowing level of $7.06 million; and WHEREAS, given these projections, the cost of the Tax and Revenue Anticipation Note (TRAN) would be $245,000 (interest of $221,000 and cost of issuance of $24,000); and WHEREAS, estimated revenue from investing the proceeds of the borrowing until needed is conservatively projected to be at least equal to the cost of borrowing, therefore, the net cost of the TRANS issue is estimated to be zero. NOW, THEREFORE, BE IT RESOLVED the city Council of the ~ity of Chula vista does hereby direct the City Manager to include 1n the fiscal year 1999/00 proposed budget appropriations of $245,000 for tax and revenue anticipation note projected interest and issuance costs and estimated interest revenues of $245,000 from investment of the note proceeds. Presented by Approved as to form by John M. Kaheny, City Attorney Robert Powell, Director of Finance H:\Home\Lorraine\rs\tran.app &8-/ COUNCIL AGENDA STATEMENT Item Meeting Date Mav 4. 1999 t; ITEM TITLE: Il· RESOLUTION J7'¥ý"5AUTHORIZING AND APPROVING THE BORROWING OF FUNDS FOR FISCAL YEAR 1999-00; THE ISSUANCE AND SALE OF A 1999,00 TAX AND REVENUE ANTICIPATION NOTE THEREFORE AND PARTICIPATION IN THE CALIFORNIA COMMUNITIES CASH FLOW FINANCING PROGRAM ß· RESOLUTION /9 Y7"ç;: DIRECTING THE CITY MANAGER TO INCLUDE IN THE FISCAL YEAR 1999,00 PROPOSED BUDGET APPROPRIATIONS OF $245,000 FOR TAX AND REVENUE ANTICIPATION NOTE PROJECTED INTEREST AND ISSUANCE COSTS, AND ESTIMATED INTEREST REVENUES OF $245,000 FROM INVESTMENT OF THE NOTE PROCEEDS SUBMITTED BY: Director of Finance f ...C'U REVIEWED BY: City Manag~ ~~\ SUMMARY: U In order to address cash shortfalls that are projected to occur in the General Fund during Fiscal Year 1999-00 due to the cyclical nature of some of our major revenue sources, it is recommended that the City again take advantage of the opportunity to borrow money on a short,term basis at the lowest cost by issuing a Tax and Revenue Anticipation Note (TRAN) through the pooled financing program sponsored by the League of California Cities. As has been done during the last three fiscal years, such a borrowing is recommended as an alternative to borrowing from other City Funds. (4/5ths Vote: Yes _No--X-) RECOMMENDATION: Adopt the resolutions which: 1. Authorize the borrowing of a maximum of $6.5 million for fiscal year 1999,00 by issuance of a TRAN through the California Communities Cash Flow Financing Program dated July 1, 1 999 and with a maturity not to exceed 15 months; 2. Authorize various financing documentation, including a purchase agreement (attached) and an Indenture which is on file in the Finance Department. b-j .~._-_._,_. ---.-----.-,--.--. Page 2. Item Meeting Date 5/4/99 3. Authorize the Director of Finance and the Assistant Director of Finance to sign the financing documentation in connection with the issuance. 4. Approve the team of financing experts selected by CSCDA. 5. Direct the City Manager to include the estimated interest cost of the borrowing and estimated interest revenues from investment of the note proceeds in the fiscal year 1999,00 Proposed Budget. DISCUSSION: Not unlike most public agencies that rely on property tax revenues to fund a significant portion of their operations, the City's reserves are insufficient to provide enough cash during certain times of the year to cover our fairly consistent expenditure patterns until the tax revenue is received. This is most acute early in each fiscal year prior to receiving the first large property tax apportionment in mid, December. TRAN's are the most common vehicle used by local government entities to obtain large amounts of cash on a short,term basis, and as explained under Fiscal Impact, are typically less expensive than internal borrowing from other restricted Funds. Issuing TRAN's is an established annual event for many local government entities, including the County, and the Cities of San Diego, Oceanside, EI Cajon, and La Mesa. In addition, many school districts also issue TRAN's on an annual basis. The City of Chula Vista has routinely issued TRAN's during each of the last three fiscal years. Basically, money is borrowed through the municipal market by issuing a one year note at short,term tax exempt rates and the proceeds are invested until needed to cover shortfalls. All money borrowed, plus interest is repaid near the end of the fiscal year from any unrestricted revenues of the City. With the difference in the interest rate earned vs. paid (current spread 1.75% ' 2.25%), there is often the opportunity to actually earn a small amount of arbitrage (net earnings based on the difference in the interest rate paid v. earned) on this type of borrowing, although this possibility has been severely curtailed with recent federal tax law changes which limit the amount borrowed. The California Statewide Communities Development Authority (CSCDA), sponsored by the League of California Cities and the California State Association of Counties, has operated a pooled TRAN program for member agencies for several years. The CSCDA Pool for fiscal year 1 999 included 65 different local government entities borrowing in excess of $300 million. For the small issuer as the City of Chula Vista ¿-e2 Page 3. Item Meeting Date 5/4/99 would be when compared to larger Counties and Schools, the pooled concept offers significant savings through sharing the costs of issuance, a streamlined process, greater market access normally afforded only large issuers, etc. The group of financial experts working on the program for fiscal year 2000 will be the identical panel from this fiscal year's process, including Sutro & Co. as financial advisor, Orrick, Herrington & Sutcliffe as bond counsel, and Morgan Stanley & Co., Lehman Brothers, and E.J. De La Rosa & Co. as the underwriting team. These experts were selected through a competitive process for a multi'year engagement. When the TRAN is actually priced in mid,June, in the unlikely event that the interest rate actually achieved is so high as to make the TRANS borrowing more expensive than an internal borrowing, we can and will abort the transaction at that time with no cost to the City and return to Council with information regarding internal borrowing alternatives. In any event, an informational item describing the results of the process would be presented to Council at that time. In order to cover cash shortfalls during Fiscal Year 1998,99 the City issued a $7,600,000 TRAN through the program described. The borrowing itself resulted in a net gain of approximately $17,000 (investment interest earned on note proceeds less borrowing costs). However, when compared to the cost of an internal borrowing at the City's investment pool interest rate, the TRAN process actually resulted in a savings of approximately $151,000. This amount is the total of the interest cost that would have been incurred on an internal borrowing of $134,000, plus the $17,000 net gain on the borrowing. FISCAL IMPACT: Very preliminary cash flow projections show that the General Fund could incur a maximum temporary cash shortfall of approximately $4.7 million in early December based on a balanced budget of $73.0 million. Under current federal tax laws, the City may borrow on a tax exempt basis an amount not to exceed the projected maximum deficit plus a reasonable working capital reserve, which conservatively results in a maximum legal borrowing amount of $7.06 million. In order to allow for unforeseen events during the year, we are only requesting authority to borrow a maximum of $6.5 million. The CSCDA financing team is currently estimating an interest rate on the TRAN of between 3.0% and 3.25%, and a cost of issuance of $24,000 for the City. Given these projections, the cost of the TRAN would be approximately $245,000 (interest of $221,000 and cost of issuance of $24,0001. Estimated revenue from investing the proceeds of the borrowing until needed is conservatively projected to be "'-3 Page 4, Item Meeting Date 5/4/99 at least equal to the cost of the borrowing. Therefore, the net cost of the TRAN issue is estimated to be zero. If an internal borrowing is utilized in place of the recommended TRANS issue, the cost to the General Fund would be approximately $31,000 in interest cost, which it would have to pay to the pool in order to keep all other City Funds, especially restricted Funds, whole. In summary, it is estimated that the TRANS issue would save the City at least $31,000 during fiscal year 1999-00 when compared to the cost of internal borrowing. t--! COUNCIL AGENDA STATEMENT Item: 7 Meeting Date: 05/04/99 ITEM TITLE: PUBLIC HEARING: CONSIDERING AMENDMENT TO THE MASTER FEE SCHEDULE TO ADJUST EXISTING ANIMAL CONTROL FEES AND ADD NEW FEES. Chief of POliC~~ /\j~ City Managerw- ~ ~\ (4/5ths Vote: Yes l No_) SUBMITTED BY: REVIEWED BY: Recommendation: Staff recommends that the public hearing be continued to May 18, 1999. 7--) ITEM TITLE: SUBMITTED BY: REVIEWED BY: .,. COUNCIL AGENDA STATEMENT Item 7 Meeting Date: 05/04/99 PUBLIC HEARING TO CONSIDER ADDING SECTIONS 9.16.021 THROUGH 9.16.026 TO CHAPTER 9.16 OF THE CHULA VISTA MUNICIPAL CODE RELATED TO SALES OF PRODUCTS CONTAINING EPHEDRINE. ~77r ORDINANCE OF THE CITY OF CHULA VISTA ADDING SECTIONS 9.16.021 THROUGH 9.16.026 TO THE CHULA VISTA MUNICIPAL CODE RELATED TO SALES OF PRODUCTS CONTAINING EPHEDRINE. Chief of POIi~' .0;..;--- ~ City Attorney~j /U^ CitYManag~~ ~YJ (4/5ths Vote: Yes_ No~) The San Diego region has identified a dangerous trend emerging in the production of methamphetamine. Ephedrine is used as a key precursor chemical in the production of methamphetamine. Currently, criminals who manufacture methamphetamine frequently purchase over-the-counter medications containing ephedrine in large quantities. Due to the significant impact of methamphetamine use in southern California, the City of San Diego along with other communities, such as Chino and San Bernardino County, have adopted ordinances to curb the availability of ephedrine. Adding an effective ordinance to the Chula Vista Municipal Code prevents the sale of excessive amounts of over-the-counter products containing ephedrine. RECOMMENDATION: That Council adopt the attached ordinance adding section 9.016.21 through 9.16.026 to Chapter 9.16 of the Chula Vista Municipal Code related to sales of products containing ephedrine. BOARDS/COMMISSIONS RECOMMENDATION: Not applicable. r¡j>j Page 2. Item_ Meeting Date: 05/04/99 DISCUSSION: The drug methamphetamine has substantially impacted our society. Southern California is often referred to as the "methamphetamine capital of the world" due to the production and consumption of this dangerous drug. Methamphetamine is commonly referred to as the "poor man's cocaine". The Drug Enforcement Agency (DEA) reports 75-80% of the nation's supply of methamphetamine is made with amphetamine extracted from over-the-counter medicines that contain ephedrine. Methamphetamine counts for 37% of the illegal drug use in San Diego County. This statistic is second only to marijuana use. A simple process known as "pseudoephedrine reduction" is used to extract ephedrine or ephedrine derivatives for these medicines. Recent trends indicate that illegal drug manufacturers have come to rely on nonprescription medicines that contain ephedrine for their methamphetamine production. The proposed ordinance (Attachment A) would: · Make it unlawful for any person during a single transaction to sell to a customer more than three packages of products containing ephedrine. · Make it unlawful for any person within a 24-hour period to knowingly sell to a customer more than three packages of products containing ephedrine. · Make it unlawful for any person during a single transaction to sell to a customer products containing ephedrine where the total count exceeds 100. · Make it unlawful for any person within a 24-hour period to knowingly sell to a customer products containing ephedrine where the total count exceeds 100. · Make it unlawful for any customer within a 24-hour period to purchase or acquire more than three packages of products containing ephedrine. · Make it unlawful for any customer within a 24-hour period to purchase or acquire products containing ephedrine where the total count exceeds 100. 7:'.2 Page 3, Item_ Meeting Date: 05/04/99 Members of the general public do not normally purchase the described product in multiple quantities. The proposed ordinance would not unduly restrict legitimate businesses or customers from selling or purchasing the described products. Several major retail chains including Costco and Wal-Mart are already placing self-imposed limits on the sale of ephedrine products. NOTIFICATION: The City of Chula Vista has hundreds of businesses that sell products that contain ephedrine and ephedrine derivatives. Public notices have been posted in local publications. The Chula Vista Chamber of Commerce as well as several business groups such as: Bonita Business & Professional Association, Broadway Business Association, and Downtown Business Association have been notified of the proposed ordinance changes. FISCAL IMPACT: There is no net fiscal impact to the General Fund. g'r3 THIS PAGE BL~K ?-i ORDINANCE NO. c2 779 (Attachment A) AN ORDINANCE OF THE CITY OF CHULA VISTA ADDING SECTIONS 9.16.021 THROUGH 9.16.026 TO THE CHULA VISTA MUNICIPAL CODE RELATED TO SALES OF PRODUCTS CONTAINING EPHEDRINE. The City Council of the City of Chula Vista does ordain as follows: SECTION I: That Sections 9.16.021 through 9.16.026 are hereby added to Chapter 9,]6 of the Chu]a Vista Municipa] Code. 9.16.021 Purpose. The City Council for the City ofChula Vista finds and declares that: (a) In addition to its legal uses, ephedrine is used in the illegal manufacture of methamphetamine, and illicit drug manufacturers extract ephedrine from various over,the,counter products containing as an ingredient ephedrine or pseudoephedrine. (b) Southern California generally and San Diego County specifically have become known to narcotics officers and drug enforcement agencies for their high incidence of illicit manufacture, sale and use of methamphetamine. (c) There is a current and immediate threat to the public health, safety and welfare in that the manufacture, processing, transportation, possession and sales of illicit narcotics and drugs are inherently dangerous. The chemicals, compounds, substances, byproducts, and wastes associated with the manufacture of illicit narcotics and drugs are both dangerous and injurious to health, welfare and safety of the citizens of the City ofChula Vista. (d) There has been an increase in the sales, thefts and possession of over-the'counter products that contain as an ingredient ephedrine, pseudoephedrine, ephedrine hydrochloride, pseudoephedrine hydrochloride, or pseudoephedrine sulfate, as well as other products associated with the manufacture of methamphetamine. (e) The reasonable limitations found in this section pertaining to the quantity of products containing ephedrine which may be sold to or purchased by a customer within a 24 hour period will assist the City of Chula Vista in its efforts to combat the insidious criminal methods of illegal methamphetamine manufacturers. However, these limitations will not unduly restrict legitimate businesses or customers from selling or buying these products for legal purposes. [)--5 Ordinance Page 2 9.16.022 Definitions. For purposes of this section, the below terms are defined as follows: (a) "Count" means the number of pills, tablets, capsules or individual units ofa substance contained within an individual package. (b) "Customer" means any person who purchases or acquires products ITom any retail store. (c) "Ephedrine" means any drug, substance or compound, whether legal or illegal, that contains ephedrine, pseudoephedrine, ephedrine hydrochloride, pseudoephedrine hydrochloride, or pseudoephedrine sulfate. (d) "Package" means any boUle, box, blister pack or other container in which products containing ephedrine are sold. (e) "Person" has the same meaning as found in Chula Vista Municipal Code Section 1.04.010. (f) "Retail Store" means any single geographic location of any business, company, corporation, person, employee or associate that sells products to any customer. It does not include any who]esaler engaged in a wholesale transaction. (g) "Sell" means to furnish, give away, exchange, transfer, deliver, surrender, distribute, or supply, whether or not for monetary gain or other consideration. (h) "Wholesaler" means one whose business is the selling of goods in gross to retail stores for purposes of resale. 9.16.023 Limitations on the Sale or Purchase of Ephedrine Products. (a) Make it unlawful for any person during a single transaction to sell to a customer more than three packages of products containing ephedrine. (b) Make it unlawful for any person within a 24,hour period to knowingly sell to a customer more than three packages of products containing ephedrine. (c) Make it unlawful for any person during a single transaction to sell to a customer products containing ephedrine where the total count exceeds] 00. (d) Make it unlawful for any person within a 24,hour period to knowingly sell to a customer products containing ephedrine where the total count exceeds] 00. g-,- ~ Ordinance Page 3 (e) Make it unlawful for any customer within a 24,hour period to purchase or acquire more than three packages of products containing ephedrine. (t) Make it unlawful for any customer within a 24-hour period to purchase or acquire products containing ephedrine where the total count exceeds 100. 9.16.024 Separate Violation for Each Incident. Each incident in violation of Section 9.16.023(a) through 9.16.023(t) shall constitute a separate offense. 9.16.025 Enforcement Procedure. Upon any violation of Section 9.16.023(a) through 9.16.023(t), a Peace Officer may issue a citation to any person or customer. If cited the person or customer shall appear in court as directed in the citation. 9.16.026 Penalties. Violations of Section 9.]6.023(a) through 9.16.023(t) shall be punished in accordance with Chapter 1.20 of the Chu]a Vista Municipal Code. SECTION II: This ordinance shall take effect and be in full force and effect on the thirtieth day after its second reading and adoption. SECTION III: Severability. If any sections, subsection, sentence, clause, phrase or portion of this ordinance is held invalid or unconstitutional for any reason by any court or competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portions. Presented by: Approved as to form by: M8- Richard P. Emerson Chief of Police John M. Kaheny City Attorney ~/7 COUNCIL AGENDA STATEMENT Item 9' Meeting Date 5/4/99 ITEM TITLE: Public Hearing to consider the mod' ication of the existing Transportation Development Impact Fee SUBMITTED BY: Director of Public Works REVIEWED BY: City Manage~ ~ /7 (4/5ths Vote: Yes_NoX) It is recommended that this pubi1c hearing be continued to the May 11, 1999. H :\HOME\ENGINEER\AGENDA \TDIF ,LDT FILE NO.: HY091 r-) CITY COUNCIL AGENDA STATEMENT Item: jfl Meeting Date: 5/4/99 ITEM TITLE: PUBLIC HEARING: Consideration of a Tentative Subdivision Map known as Eastlake Trails, Chu]a Vista Tract 99,03, involving 749 single family 10ts, four residential super 10ts, 3 open space, two public quasi- public and three park lots on 322.8 acres located on the east side of Hunte Parkway between Otay Lakes Road and Olympic Parkway. Resolution J91/7' 7 approving the second Addendum to FSEIR 97,04 (Eastlake Trails/ Greens Rep]anning Program), Indemnification Agreement, and establishing conditions of the Tentative Subdivision map for Eastlake Trails, Chu]a Vista Tract 99,03. SUBMITTED BV: Director ofP]anning and B~~g;:f REVIEWED BY: City Manage~ ~ ~\ (4/5 Vote: Yes_ No,XJ The applicant, The Eastlake Company, has submitted an application for a Tentative Subdivision Map known as Eastlake Trai]s, Chu]a Vista Tract 99-03, in order to subdivide and develop 322.8 acres east of Hunte Parkway between Otay Lakes Road and the future alignment of Olympic Parkway (see Locator). The Tentative Subdivision Map consist of 749 single family lots and four super lots with capacity for 394 dwelling units (1143 total dwelling units). The tentative map also includes three open space lots, a 20-acre community park! open space, lO,acre community center lot, lO,acre school site, 4.5,acre Community Purpose Facilities (CPF) site and severa] specialty lots (i.e, slopes and landscape buffer areas). The Environmental Review Coordinator has determined that an Addendum to the FSEIR 97,04 is necessary to address the proposed tentative subdivision map. Thus, an addendum to the FSEIR has been prepared and is attached for your consideration (see Attachment 6). RECOMMENDATION: 1. Adopt a Reso]ution approving the second Addendum to FSEIR 97,04 (Eastlake Trails/ Greens Replanning Program), Indemnification Agreement, and establishing conditions of the Tentative Subdivision Map for Eastlake Trai]s, Chu]a Vista Tract 99-03 in accordance with the findings and subject to the conditions contained in the attached Draft City Council Reso]ution. BOARDS AND COMMISSIONS RECOMMENDATION: On April 28, 1999, the Planning Commission will consider the proposed tentative subdivision map. However, because this report was prepared prior to the Planning Commission hearing, the commission's recommendations and public input received at the hearing will be presented at the City Council's meeting. )¿J// DISCUSSION: Page 2, Item: _ Meeting Date: 514199 On November 28, 1998, the City Council approved the Sectional Planning Area (SPA) plan and associated regulatory documents, including Planned Community District Regu]ations for the Trails Neighborhood. The adopted East]ake Trails SPA plan established the land use distribution and pattern; intensity and character of development; specific development goals and objectives; and development standards to guide the future detailed planning of the of the Trails Neighborhood. The proposed tentative map implements the SPA plan goals and objectives by more precisely lotting the land use pattern established in the SPA and providing the required on-site and off,site infrastructure for the project. 1. Existing Site Characteristics The subject site is irregular in shape and limited to the north by Otay Lakes Road; to the south by the future Olympic Parkway; to the west by the Eastlake Greens residential neighborhood, across Hunte Parkway; and to the east by a future development phase of Eastlake (Vistas Neighborhood). The terrain slopes west to east about 100 to 150 ft. from Hunte Parkway to the bottom of the Salt Creek open space corridor, and 50 to 80 ft. from Otay Lakes Rd. to Olympic Parkway. Access to the site is via Otay Lakes Road and Hunte Parkway. In the future, Olympic Parkway will also provide an alternative connection to SR-125 freeway and western Chu]a Vista (see Locator). The most predominant landform featured on the site is an open space/ drainage corridor along the eastern boundary of the subdivision, known as Salt Creek. This open space corridor provides a natura] buffer between the proposed subdivision and future development phases of Eastlake. Existing surrounding land uses are as follows: Zonin~ and Land Use c.v. Muni General Plan Land Use Code! Zoning Designation Site PC Low Density Res/ Pub· Quasi, Pub/ Park South PC Open Space East PC Low Merl. Density Res. West PC Low Moo. Res. Elk Greens North PC Low. Merl. Density Res. GDP Land Use District Existing Land Designation Use Low, Low Merl, Med Vacant Density Res. ,PQ, Park, Open space Open Space Vacant (Otay Ranch) Eastlake III GDP Vacant Low Med" Med., Med SFD/ Pvt. Park/ Hg. resJ park/ open Golf Course space Low Med, Med, Hg. Vacant Res. Elk III GDP )v,2 Page 3, Item: _ Meeting Date: 5/4/99 2. Project Description The Trails subdivision is primarily single family detached in three 10tting categories: 1) the "traditiona] single fami]y" lots, which are 5,000 to 7,000 sq. ft. lots; 2) "sing]e family detached small lot, " 2,750 to 4,500 sq. ft.; and 3) multi-family category designed to accommodate attached residential product, such as apartments, condominiums, townhomes, but could also accommodate small lot development. The following paragraphs describe in more detail these three residential products: a. The traditional single family detached category is provided in three lot products: 7,000 sq. ft., at a density of 0,3 du/ac (Low Density); 5,000 and 6,000 sq. ft., at a density of 3-6 du/ac (Low Medium Density), The average lot size is substantially larger than the minimum listed above (see Phasing table below). Forty four percent (506 dwelling units) of the total number of permitted dwelling units in the Trails are in this category, of which 317 (28%) are the 5,000 sq. ft. lot product. (see Phasing section of this report). This lotting category is similar to traditional lots in western Chula Vista, and usually accommodates the larger, moderate to high end price housing in master planned communities (see Phasing Tab]e bellow). b. The subdivision also contains three smalllot products: 4,500 sq. ft. (50'x90'), 3,150 sq. ft. (45'X70'), and 2,750 sq. ft. (50'X55'). The average lot size in each category exceeds substantially these minimum lot development standards. Thirty nine percent (451 dwelling units) of the total number of dwelling units permitted in the Trails are in this category. The small lot residential product was introduced by Eastlake in the 1980's as an alternative to attached townhomes and condominium units. Since then, the small lot residential product architectural design and individual amenities have been improved substantially. According to the applicant, this product continues to be highly desirable for first time home buyers. Small lot residential projects are subject to administrative design review to establish adequate development standards (building setbacks, lot coverage, etc.) and compatible architecture. c. Two mu]tifamily lots are provided. Combined, these two lots could accommodate about 186 dwelling units (15 % of the total number of dwelling units permitted in the Trails) at a density of about 10 du/ac. The multifamily sites are centrally located near the school, park and neighborhood recreational facilities. Site design and building architecture are subject to Design Review Committee's approval based on the residential design guidelines established in the Eastlake Trails SPA. The tentative map also includes three open space lots (OS, 1, OS-2 & OS-3); a 31.1 acre community park and open space area (lots P-l and P-3); 10-acre school site; 4) 4.5-acre Community Purpose Facility (CPF) 10t and severa] specialty lots (see Phasing Tab]es). )¿J-J Page 4, Item: _ Meeting Date: 5/4/99 Phasin~ The subdivision is proposed to be developed in two phases. Phase 1, hereby referred to as the "Initial Phase," consist of developing residential areas identified in the tentative map as TS,¡ through TS,7 (TS denotes Trails South), schoo] site (]ot S-I), which has already been graded, private park (P,Z) and Open Space lots OS,I, OS,Z and OS-3 (see Attachment 4A-4E). Phase II, hereby referred as the "Remaining Phase," is primarily the neighborhoods identified in the Tentative Map as TN-I - TN-6 ( TN denotes Trails North). As in the previous phase, this development phase provides a variety of residential types and densities, as well as support land uses such as, the community park and community center (lots P-l and P-3), and the 4,5-acre CPF lot. The fallowing tables illustrates the project break down in more detail: IN1TIAL PHASE, Residential Sub, No. Minlot Average MinLot No. or Dwelling Acreage Density % of Phase Neig. or tots size lot size Dimension Units (gross) (gross) Total No. of in sq. ft. in sq. n. Units (626) TS,I 31 7.350 (9.269) 70' X 105' 31 1O.4ac. 3 dulac 5% TS-2 71 6.000 (8.319) 60' X 100' 71 19.4 ac. 3.8 du/ac 11% TS-3 189 5.()()() (6.330) 50' X 100' 189 41.8 ac. 4.5 du/ac 30% TS-4 69 4.500 (6.229) 50' X 90' 69 17.7ac. 3.9 du/ac 11% TS-5 103 3.150 (4.043) 45' X 70' 103 18.0ac. 5.7 du/ac 16% TS-6 71 2.750 (3.756) 50' x 55' 71 ILiac. 6.4 du/ac 12% TS,7 ! N/A N/A N/A N/A (92)* ~ ~ 15% Total 535 534 (92)" 127.3 ae. 5.0 dul ae 100% Phase total 626 Non-Residential 8,1 11 ac OS-1 22.5 ac OS-2 22.5ac P-2 5.1ac Total 61.1 ae jtJr1 Page S, Item: _ Meeting Date: 5/4/99 REMAINING PHASE- Residential Snb, No. Minlot Average Min Lot No. of Dwelling Acreage Density 517% Neig. of lots size lot size Dimension Units in sq. ft. in sq. Ft. TN·I 30 7350 9167 70' X 105' 30 9 ae. 6.7 du/ac 6% TN-2 58 6000 7852 60' X 1()()' 58 15 ae. 4 du/ac [2% TN-3 127 5000 6787 50' X [()()' 127 32 ae. 3.9 du/ac 25% TN-5** N/A N/A N/A N/A (81) , 11.7ac 7.0 du/ac [5% TN-6 N/A N/A N/A N/A (127)' 20.0ae 6.4 du/ac 24% TN-7 1 N/A N/A N/A N/A (94)* ~ li!mlLi!& ~ Total 218 215 (302)' 87.7ac 6 ulac avg. 100% Phase total 517 Non- Residential OS-3 O.75ac P,[ 20.7ac P,3 1O.4ac CPF Total 4.6ac 36.4 ac * Figure represents the maximum number of dwelling units aligned for the particular lot. Actual number of units built could be less The Deve]oper is requesting severa] tentative subdivision map design waivers, The waivers, are typically considered and approved by the City Engineer, providing said waivers do not compromise public safety. Based on the Project Engineer's assertion that the waivers will not be detrimental to public safety, the City Engineer has approved the waivers as requested, except for waivers 7a, 8c, and 11 (see Attachment 5). The Deve]oper would be required to modify the subdivision design to meet City Standards for the waivers not approved ( see condition 99 of the attached Draft City Council Resolution). ANALYSIS The Eastlake Trai]s subdivision is basically an extension of the Eastlake Greens Neighborhood, containing severa] residential densities and public facility sites as prescribed in the Trails Sectional Planning Area (SPA) plan. Contrary to the Eastlake Greens subdivision design, where individual residential clusters are located around a continuous loop road (North and South Greensview Drive), the Eastlake Trails subdivision contains a variety of residential products interconnected by residential streets and arranged in a seamless urban pattern. This subdivision design approach provides multiple routes for pedestrians and vehicles, avoiding concentration of traffic on any single street. To complement the subdivision design, the majority of cul-de-sacs have been designed with open ends to provide convenient pedestrian connections to other streets and /f)~S Page 6, Item: _ Meeting Date:~ neighborhood amenities. The two multifamily super lots are located in the centra] part of the Trails Neighborhood, north and south of Clubhouse Drive. These two sites, which are conveniently located near schools and recreational facilities, are intended to provide attached residential product such as: condominiums, townhornes, apartments and, as an alternative, could also accommodate small lot development. Two other super lots at the northwest corner of the subdivision boundaries can accommodate a total of 208 dwelling units, at a density of 6.5 du/ac. These two 10ts are intended to be developed with the small lot residential product described above. A separate tentative subdivision map will be processed at a later date. Site plan and architecture for all four super lots are subject to Design Review approval. Circulation The subdivision is surrounded by three major streets: Otay Lakes Road, Hunte Parkway and Olympic Parkway. The required off,site improvements for these major streets are as follows: 1) Installation of remaining street improvements along the east side of Hunte Parkway (sidewalks, street lighting, etc.); 2) Full improvements for the remaining segment of Hunte Parkway between South Greensview Drive and Olympic Parkway; 4) Full improvements for Otay Lakes Road from Hunte Parkway to the eastern boundaries of the subdivision; and, 3) Construction of full improvements for Olympic Parkway between SR,125 to Hunte Parkway. The improvements for the segment of Olympic Parkway east of Hunte Parkway are presently under construction and expected to be completed February 2001. The segment between Hunte Parkway and the Otay Water District water easement has been previously secured by a perfonnance bond as part of the Eastlake Greens development. With the exception of these two segments of Olympic Parkway, the above off,site street improvements will be constructed or construction secured as part of the Trails subdivision (see Condition 2 of the City Council Resolution, Attachment 2). Off,street improvements are necessary to provide adequate transportation facilities for the project and surrounding developments, and maintain compliance with the Transportation threshold standards prescribed in the Growth Management program With regard to the internal street system, the subdivision design provides three access points along Hunte Parkway (no direct access from Otay Lakes Road or Olympic Parkway). The main access road is the extension of Clubhouse Drive, which is a 120 ft. ROW width street with two 20-foot travel lanes separated by a 26-foot median. This street also features decomposed granite (dg) pedestrian trail along the north side and standard concrete walk on the south side (see Attachment )f);- ? Page 7, Item: _ Meeting Date: 5/4/99 4A-4E ). The other access points are primarily the extension of South and North Greensview Drive. Loca] streets have a strong orientation to the private Homeowner's swim complex near the community park. The departure from the loop road concept features in the Greens results in a more cohesive community, where the different housing types and densities are blended into a seamless urban pattern with pedestrian friendly and low traffic residential streets. Parks The Eastlake Trails plan provides recreational opportunities within the Salt Creek corridor, including 30-acre community park! community center site (lots P,I and P- 3), a 5 . I-acre parcel for a private park facility (parcel P-2) and a 22.5 acre environmental preserve open space lot (OS,2) (see attachment 4E). City Staff is in the process of developing an overall park master pIan for the City's eastern territories. Once completed, the master plan will provide design guidelines, and prescribe specific amenities for neighborhood and community parks. The community park abuts a single loaded street along the west side and Olympic Parkway and Otay Lakes Road to the south and north respectively. The park location provides an attractive community recreational amenity, that when added to the southerly adjacent open space environmental preserve and home owners swim comp]ex/ lake, produces a unique community focal point and visual corridor. Maintenance of public parks will be provided by the City, and private parks and open space specialty lots will be maintained by HOA or Community Faci]ities District CFD). The proposed park facilities and construction phasing, as conditioned, are in substantia] compliance with the Eastlake Trails SPA and Pub]ic Facilities Financing Plan. Gradin~ The Eastlake Trails SPA contains a preliminary grading concept plan identifying slope bank locations and landform grading to reflect the natura] terrain characteristics and usable building areas (see Figure 2). The proposed grading, which follows the natura] slope form in a balanced cut and fill, slopes from west to east approximately 100 to 150 ft. The grading also features a raised circular building pad with view to the Salt Creek open space corridor and the mountains to the east (see Figure 2). Affordable Housin~ The Eastlake Comprehensive Affordab]e Housing Program has been adopted and incorporated into the Eastlake Trails SPA plan to ensure that a minimum of 10% affordable housing is provided. One of the tentative map conditions of approval requires that the Deve]oper enter into a Standard Agreement with the City to guarantee construction and delivery of low and moderate income units as prescribed in the adopted Eastlake Comprehensive Affordab]e Housing prograrn. This J¿;- 7 Page 8, Item: _ Meeting Date:~ agreement rnust be executed and properly recorded prior to approval of the fIrst final map of the "Initial Phase." The Trails Subdivision also provides a mix of housing types and lot sizes for single-family, townhomes, condominium and various densities for persons of various incomes. Schools The Chu]a Vista E]ernentary Schoo] District has built two schools in Eastlake and a third elementary school will be built in the Trails starting in 1999. The design contract with the architect has been approved by the schoo] board. The new schoo] will be located near Hunte Parkway and Clubhouse Drive. The Sweetwater Union High Schoo] District will house students at Eastlake High Schoo] which has available enrollment of 1,867 and a capacity of 2,460 (593 remaining capacity). Middle school students will be served from the new Rancho de] Rey Middle School. Eastlake Trails is expected to generate a total of 343 elementary students, 115 middle schoo] students and 217 high school students. Each schoo] district provides schoo] facilities by requiring new projects to provide tax funding for new construction via a Mello-Roos Community Facilities District. This fInancing rnethod is superior to the norma] schoo] fees which simply do not produce suffIcient funding to build new schools in a timely manner. Eastlake has established Community Facilities District No. 1 for the elementary district and Community Facilities District No. 1 for the high schoo] district to pay for new schools. Compliance with the Eastlake Trails Public Facilities Financin~ Plan The proposed Eastlake Trails Public Facilities Financing Plan, which is included in the Trails SPA as Section 11.5, analyzes the impact of the Trai]s project and identifIes the required public facilities or fees to mitigate the impacts (based upon the threshold standards in the Growth Managernent Ordinance).The Proposed conditions of approval insure that the required public facilities to be constructed, or DIF fees be paid at various stages of the overall development. The conditions of approval contained in the Draft City Council Reso]ution outlines more specifically the required public facilities. Staff has included a condition requiring that the PFFP be amended to reflect the public facilities and installation phasing outlined in the conditions of approval. The PFFP amendment will be presented to the Planning Commission and City Council for consideration and approval at a later date. Compliance with Eastlake Greens Genera] Deve]opment and SPA Plan As noted above, this tentative map implements the adopted GDP and Eastlake Trails SPA and therefore, as conditioned is in substantia] compliance with these regulatory documents. Compliance with Planned Communi\)' District Re~]ations The subdivision has been designed in accordance with the Eastlake Greens Planned Community District Regulations which provides various residential densities and support land uses. residential I~/g! Page 9. Item: _ Meeting Date: 5/4/99 condominiums, small lot product and private park facilities are subject to the Design Review. Eastlake has signed an indemnification agreement to hold the City, and each of its officers and employees hafITÙess from and against any claims, suits actions or other proceedings resulting from the preparation, review, approval or implementation of each and all of the current applications for discretionary approval in connection with the Eastlake Trail Project (see attachment 7) CONCLUSION For the reasons noted above, staff recommends approval of the project in accordance with the attached Planning Commission Reso]ution. FISCAL IMPACT The applicant has paid for all cost associated with the processing of this tentative subdivision map application. Attachments 1. Planning Commission Recommending Resolution 2. Locator Map 3. Eastlake Trails Conceptual Grading Plan 4. Tentative Subdivision Map (4A ,4E) 5. Table A ' Tentative subdivision map waivers table 6. FSEIR,97,04 Addendum 7. Indemnification Agreement 8. Disclosure Statement H:\HOME\PLANNING\LUIS\PCS-9903.A13 /¿;// RESOLUTION NO. /1L/L/ 7 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE SECOND ADDENDUM TO FSEIR 97-04 (EASTLAKE TRAILS/GREENS REPLANNING PROGRAM), INDEMNIFICATION AGREEMENT AND ESTABLISHING CONDITIONS OF THE TENTATIVE SUBDMSION MAP FOR EASTLAKE TRAILS, CHULA VISTA TRACT 99-03. I. RECITALS A. Project Site WHEREAS, the area of land which is the subject matter of this resolution is diagrammatically represented in Exhibit A,I through A-5, attached hereto and incorporated herein by this reference, and commonly known as Eastlake Trails Tentative Subdivision Map, Chu]a Vista Tract 99-03; and for the purpose of genera] description herein consists of 322.8 gross acres located on the east side of Hunte Parkway between Otay Lakes Road and the future alignment of Olympic Parkway, within the Eastlake Planned Community ("Project Site"); and, B, Project; Application for Discretionary Approva] WHEREAS, on October 8, 1998 The Eastlake Company ("Deve]oper") filed a tentative subdivision map application with the Planning and Building Department of the City of Chu]a Vista requesting approval of the Tentative Subdivision Map for Eastlake Trails, Chu]a Vista Tract 99-03 in order to subdivide the Project Site into seven hundred forty nine (749) residential lots; four super lots with capacity for 394 dwelling units; three (3) open space 10ts (OS-1 through OS,3), three (3) park lots (p,1 through P,3), schoo] site (S, 1); community purpose facility site (CPF); and various special lots (i.e. slope lots) throughout the subdivision ("Project"); and, C. Prior Discretionary Approvals WHEREAS, the development of the Project Site has been the subject matter of various entitlements and agreements, including: 1) a Genera] Deve]opment Plan, Eastlake II (Eastlake I Expansion) General Development Plan previously approved by City Council Reso]ution No. 15198 ("GDP") and amended by City Council Reso]ution No. 19275 on November 24, 1998; 2) the Eastlake Trails Sectional Planning Area Plan ("SPA"); 3) Eastlake Trails Air Quality Improvement Plan (AQIP); 4) Eastlake Trails Water Conservation Plan (WCP); 5) Eastlake Trai]s Planned Community District Regu]ations; 6) Eastlake Trails Design Guidelines; 7) Eastlake Trails Public Facilities Financing Plan; and 8) Eastlake Comprehensive Affordab]e Housing Program, all previously approved by 1 j¡Jr / tJ City Council Resolution No.19275, and Ordinance 2765 on November 24, 1998; 8) Eastiake III Development Agreement, approved on February 27, 1999; and 9) Eastiake Park Agreement, approved on August 8, 1998; 10) Escrow Agreement, approved on March 26, 1996; and, D. Planning Commission Record on Application WHEREAS, the Planning Commission held an advertised public hearing on the Project on April 28, 1999 and, after hearing staff presentation and public testimony, voted ( _) to recommend that the City Council approve the Project, in accordance with the findings and subject to the conditions listed below. E. City Council Record of App]ications WHEREAS, a duly called and noticed public hearing on the Project was held before the City Council of the City of Chu]a Vista on May 4, 1999, on the Project and to receive the recommendations of the Planning Commission, and to hear public testimony with regard to same; and, WHEREAS, the city clerk set the time and place for a hearing on said tentative subdivision map application and notice of said hearing, together with its purpose, was given by its publication in a newspaper of genera] circulation in the City, and its mailing to property owners within 500 ft. of the exterior boundary of the project at least 10 days prior to the hearing; and, WHEREAS, the hearing was held at the time and place as advertised, namely 6:00 p.m. May 4, 1999, in the Council Chambers, 276 Fourth Avenue, before the City Council and said hearing was thereafter closed. NOW, THEREFORE, BE IT RESOLVED that the City Council does hereby find, determine and resolve as follows: II. PLANNING COMMISSION RECORD The proceedings and all evidence introduced before the Planning Commission at their public hearing on the Project held on Apri] 28, 1999, and the minutes and resolutions resulting therefrom, are hereby incorporated into the record of this proceeding. III. PREVIOUS EIR-97-04 REVIEWED AND CONSIDERED; FINDINGS; APPROVALS The City Council of the City of Chula Vista has previously reviewed, analyzed, considered, and certified FSEIR,97-04 (Eastiake Trai]s / Greens Rep]anning Program). /pr// IV. COMPLIANCE WITH CEQA The Environmental Review Coordinator has determined that any impacts associated with the proposed tentative subdivision map have been previously addressed by FSEIR 97-04 (Eastlake Trails/ Greens Rep]anning Program) and has, therefore, prepared an addendum to said EIR Refmed information available since completion of the EIR regarding the potential environmental impacts of the project does not show that the project will have one or rnore significant impacts which were not previously addressed in the Final EIR The Addendum has been prepared in accordance with requirements of the California Environmenta] Quality Act, State EIR Guidelines and the Environmenta] Review Procedures of the City of Chu]a Vista. V. INDEPENDENT JUDGMENT OF CITY COUNCIL The City Council fmds that Addendum to FSEIR,97-04 reflects the independent judgment of the City Council of the City of Chu]a Vista and hereby adopts the Addendum to FSEIR 97,04 (Eastlake Trails/ Greens Rep]anning Program). VI. 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 Trails, Chu]a Vista Tract No. 99,03 is in conformance with the elements of the City's Genera] Plan, based on the following: a. Land Use The Eastlake Trails Sectional Planning Area (SPA) plan provides for Low (0-3 du/ac), Low Medium (3,6 du/ac), and Medium (6'11 du/ac) residential densities, as well as Parks (P), Open Space (OS), Public Quasi- public support (PQ) land uses for 1143 dwelling units (5.1 du/ac.). The proposed subdivision incorporates a variety of lot sizes within the density range allowed by the SPA and other lots to satisfy the park dedication and Community Purpose Facilities (CPF) requirements. Thus, the Project as conditioned, is in substantia] compliance with the Eastlake II GDP and East]ake Trai]s SPA. b. Circulation A11 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 Trails Public Facilities Financing Plan. The public streets within the Project will be designed per City design /t)//:2., standards and/or requirements. The westerly adjoining street system was designed to handle the anticipated flow of traffic from this and other area projects. The required and anticipated off-site improvements would be designed to handle this Project and future projects in the area. c. Housin~ The Eastlake Comprehensive Affordab]e Housing Program has been adopted and incorporated into the Eastlake Trails SPA Plan to ensure that a minimum of 10% affordable housing is provided. In addition, a mix of housing types and lot sizes for sing]e,family, townhouses, condominium and various apartment densities will also be provided for persons of various incomes. d. Conservation The Environmental Impact Report FSEIR,97-04 and Addendum addressed the goals and policies of the Conservation E]ement of the General Plan and found the development of this site to be consistent with these goals and po]icies. e, Parks and Recreation. Open Space The Eastlake Trails Tentative Subdivision Map provides a community park, community center, private swim complex and regional as well as community trails consistent with the Genera] Plan, Eastlake II Genera] Deve]opment pIan and Eastlake Trails goals and objectives. f. Seismic Safety The proposed subdivision is in conformance with the goals and policies of the Seismic E]ement of the Genera] PIan for this site. g. ~ 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. h. ~ Noise mitigation measures included in the Environmenta] Impact Report FSEIR-97-04 and Addendum adequately address the noise policy of the Genera] Plan. The project has been conditioned to require that all dwelling units be designed to preclude interior noise levels over 45 dBA and exterior noise exposure over 65 dBA for all outside private patio areas. L Scenic Hi¡¡hway jj)/ /;J The project site is located adjacent to designated scenic highways (Olympic Parkway and Otay Lakes Road). An average 75' wide landscaped open space buffer and a decorative wall will be provided along these two edges and extended along Hunte Parkway. j. Bicycle Routes Bicycle lanes have been incorporated within the Eastlake Trails design and will be connected to the existing Eastlake Greens SPA bicycle lane system. In addition, the public streets within the project are of adequate width to accommodate bicycle travel within the interior of the subdivision. k. Puhlic Bui]din ls No public buildings are proposed on the project site. The project is subject to RCT fees prior to issuance of building pennits. 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 availab]e fiscal and environmental resources. C. The configuration, orientation and topography of the site partially allows for the optimum setting 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 confonns to all standards established by the City for such projects. E. The conditions herein imposed on the grant of pennit or other entitlement herein contained is approximately proportional both in nature and extent to 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 be]ow. VII. GENERAL CONDITIONS OF APPROVAL A. Project Site is Improved with Project Deve]oper, or their successors in interest, shall improve the Project Site with the Project as described in Tentative Subdivision Map, Chu]a Vista Tract 99-03 and FSEIR,97,04 and Addendum, except as modified by this Reso]ution. J¿/')f B. Implement Mitigation Measures Deve]oper shall diligently implement, or cause the implementation of all mitigation measures pertaining to the Project identified in the Final Subsequent Environmental Impact Report for Eastlake Trails, FSEIR,97-04 and Addendum. Any such measures not satisfied by a specific condition of this Reso]ution or by the project design shall be implemented to the satisfaction of the Director of Planning and Building. Mitigation Measures shall be monitored via the Mitigation Monitoring Program approved in conjunction with the FSEIR and Addendum. Modification of the sequence of mitigation shall be at the discretion of the Director of Planning and Bui]ding should changes in the circumstances warrant such revision. C. Implement previously adopted conditions of approval pertinent to project Unless otherwise conditioned, comply, remain in compliance and implement, the terms, conditions and provisions, as are applicab]e to the property which is the subject matter of this Tentative Map, of: 1) The Eastlake II General Deve]opment PIan (GDP); 2) Eastlake Trails Sectional Planning Area (SPA) Plan; 3) Eastlake Trails Planned Community District Regu]ations; 4) Eastlake Trai]s Design Guidelines; 5) Eastlake Trails Public Facilities Financing Plan; 6) East]ake Trai]s Water Conservation Plan; 7) Eastlake Trails Air Quality Improvement Plan; 8) Eastlake Trails Sub-area Water Master Plan; and 9) Eastlake Trails Waste Water Master Plan, all approved by the Council on November 24, 1999, Resolution No. 19275 ("Plans"), prior to appro va] of the corresponding Final Map. As an alternative, the Deve]oper shall 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. Also assuring that, after approval of the Final Map, the developer will continue to comply, remain in compliance, and implement such Plans, The Deve]oper shall also agree to waive any claim that the adoption of a final Water Conservation Plan or Air Quality Plan constitutes an improper subsequent imposition of the condition. D. Imp]ement Public Facilities Financing Plan Developer shall install public facilities in accordance with the Eastlake Trai]s Pub]ic Facilities Financing PIan as amended or as required by the City Engineer to meet threshold standards adopted by the City of Chu]a Vista, The City Engineer and Planning and Building Director may, at their discretion, modify the sequence of improvement construction should conditions change to warrant such a revision. E. Design Approval The Developer shall develop the lots in accordance with the Eastlake Trai]s Planned /'" /þ--- /..7 ---.--.--.. Community District Regulations and Design Guidelines and all single family lots less than 5,000 sq, ft shall be submitted for review and approval under the City's Design Review process prior to submittal for building permits. VIII. SPECIAL CONDITIONS OF APPROVAL The following conditions of approval are based on two Final Maps or development phases, which are hereinafter referred to as "Initia] Phase" and the "Remaining Phase." Unless otherwise specified, all conditions and code requirements listed below shall be fully completed to the City's satisfaction prior to approval of the Initial Phase First Fina] Map. STREETS. RIGHTS-OF-WAY AND PUBLIC IMPROVEMENTS 1. Provide security in accordance with Chapter 18.16 of the Municipa] Code and dedicate; and construct full street improvements for all public streets shown on the Tentative Map within the subdivision boundary or off,site, as required for each phase in accordance with Chu]a Vista Design Standards, Chu]a Vista Street Standards, and the Chu]a Vista Subdivision Manual, unless otherwise approved by the City Engineer. Said improvements shall include, but not be limited to, asphalt concrete pavement, base, concrete curb, gutter and sidewalk, sewer, reclaimed water and water utilities, drainage facilities, street lights, traffic signals, signs, fire hydrants and transitions to existing improvements in the manner required by the City Engineer. All streets shall conform to the City's Street Design Standards Policy adopted by City Council Resolution No. 15349 unless otherwise conditioned or approved by the City Engineer. (Engineering) 2. Construct or enter into an agreement to construct and secure the full street improvements or remaining street improvements outlined in Table A below. The City Engineer and Director ofP]anning and Building may, at their discretion, modify the sequence, schedule, alignment and design of improvement construction should conditions change to warrant such a revision. I TABLE A I STREET IMPROVEMENTS FACILITY FACILITYI LIMITS AGREE TO CONSTRUCT AND GUARAN1EE NO. STREET CONSTRUCTION BY NAME I Clubhouse Hunte Parkway to Street" A" First Final Map Drive Initial Phase 2 Clubhouse Street "A" to easterly terminus with Street "B~ First Final Map Drive Initial Phase 3 Hunte Oeay Lakes Road to Clubhouse Drive First Final Map Parkway Remaining Phase 4 Hunte Clubhouse Drive to Oak Springs Drive First Final Map Parkway Initial Phase )?Jr)? , Hunte Oak Springs Drive to Olympic Parkway First Final Map Parkway Initial Phase 6 Olympic SR-125 to Hunte Parkway First Final Map Parkway Initial Phase 7 Olympic Hunte Parkway to Wueste Road Under construction. Completion date February 2001 Parkway 8 Otay Lakes Hunte Parkway to easterly subdivision boundary First Final Map Ro'" Remaining Phase 9 Street MA" Clubhouse Drive to Street "L" First Final Map Initial Phase 10 Street "L" Hunte Parkway to Street ~ A" First Final Map Initial Phase a. FACILITY NO.1 Construct Clubhouse Drive to the designed full,width street improvements, as approved by the City Engineer, and include an 8' meandering decomposed granite walkway on the north side of the street and an 8' meandering concrete walkway on the south side of the street. The timing for completion of improvement construction shall be prior to the opening of the proposed Eastlake Trai]s elementary schoo] site which is scheduled to open the first quarter ofthe Year 2000. (Engineering) b. FACILITY NO.2 Construct Clubhouse Drive to the designed full,width street improvements, as approved by the City Engineer, and include an 8' meandering decomposed granite walkway on the north side of the street and an 8' meandering concrete walkway on south side of the street. (Engineering) c. FACILITY NO.3 Construct the missing street improvements along Hunte Parkway from Otay Lakes Road to Clubhouse Drive. The missing street improvements shall include the necessary grading and construction required to provide for an 8' wide meandering concrete walkway on the eastern side of Hunte Parkway and any other street improvements determined to be necessary by the City Engineer. Any additional street right,of-way required to complete said improvements shall be granted to the City prior to approval of the Initial Phase first Fina] Map. (Engineering) d. FACILITY NO. 4 Construct the missing street improvements along Hunte Parkway from Clubhouse Drive to Oak Springs Drive. The missing street improvements shall include the necessary grading and construction required to provide for an 8' wide meandering concrete walkway on the eastern side of Hunte Parkway and any other street improvements determined to be necessary by the City Engineer. Any additional street right,of-way required to complete said improvements shall be granted to the City prior to approval of the Initia] Phase first final map. The timing for completion L ) fl~ /7 of improvement construction shall be prior to the opening of the Eastlake Trails elementary schoo] site which is scheduled to open the first quarter of the Year 2000. (Engineering) e. FACILITY NO.5 Construct the full-width street improvements for Hunte Parkway from Oak Springs Drive to Olympic Parkway. Improvement plans for the subject portion of Hunte Parkway have been submitted and approved by the City. The City ofChula Vista drawing numbers corresponding to the street improvements are 90,1030 through 90, 1037 and 91,44 through 91,57. The bonds for material and labor and faithful performance for the two sets of drawings were posted by American Casualty Company of Reading, Pennsylvania, and the bond numbers corresponding to the two sets of drawings are 158541802 (July 23,1998) and 15854]783 (July 23,1998), respectively, (Engineering) f. FACILITY NO.6 Construction of Olympic Parkway from SR,]25 to Hunte Parkway shall commence within twelve months of the completion of construction phase I, II and III of Olympic Parkway, or by March ], 2002, whichever occurs later. The City may, upon written request by the Developer, use its power of eminent domain to acquire the right of way for Olympic Parkway outside the EastLake property ownership. The developer has entered into an agreement with the City, dated May 26, ]998, whereby the Developer agreed to construct the ultimate full,width street improvements for Olympic Parkway (East Orange Avenue) from Hunte Parkway to the westerly subdivision boundary of the EastLake Greens subdivision. Construction security for material and labor and faithful performance for said street improvements was posted by American Casualty Company of Reading, Pennsylvania on May 21, 1998 and the bond number issued to the securities is 15854] 752. An approved set of improvement plans for the subject ultimate street improvements does not currently exist, however, approval of such plans is anticipated in the near future. Due to the absence of approved plans, a contingency factor of 50% was added to the estimated cost of the subject street improvements and this contingency was accounted for in the posted bond amount. (Engineering) g. FACILITY NO.7 Olympic Parkway was initially designed, as an interim condition, to be a 4,lane roadway from Hunte Parkway to Wueste Road. Construction security for materia] and labor and faithful performance for the 4,lane improvements was posted by American Casualty Company of Reading, Pennsylvania on July 23, 1998 and a Construction Permit for the improvement work of the interim condition was issued on November 6, 1998. The City of Chu]a Vista drawing numbers corresponding to said securities and Construction Permit are 91-44 through 9],57 and the bond /t9~ /gv' ----,.._-~_._-----_. number issued to the securities is 158541783. Subsequent to the interim 4-lane roadway design approval, but prior to commencement of any 4,]ane improvement work, a Construction Change was performed on the aforementioned drawings that resulted in the ultimate design of Olympic Parkway as a 6,lane prime arterial. The additional costs associated with constructing the 6,lane roadway was secured separately by the same surety company on February 4,1999. The bond number corresponding to the material and labor and faithful performance of the additional improvement work is ]58541878. It is anticipated that a Construction Permit for the 6-lane improvement work will be issued in the near future. Any right,of,way needed to construct this portion of Olympic Parkway shall be granted to the City on the first Fina] Map of the Initia] Phase. The meandering decomposed granite walkway proposed along the frontage of the Eastlake Trails southern boundary (northern side of the Olympic Parkway centerline) shall be 10' wide. (Engineering) h. FACILITY NO.8 Construct Otay Lakes Road as a full,width six lane prime arteria] along the entire ITontage ofthe Eastlake Trails northern subdivision boundary with transitions to the existing roadway easterly of the eastern subdivision boundary. All off,site and on, site right,of,way needed to construct the eastbound transition and the ultimate street improvements, respectively, shall be granted prior to approval of the Remaining Phase first Final Map. The schedule for construction of the above improvements shall be determined or approved by the City Engineer prior to approval of the aforementioned final map. The proposed meandering sidewalk along the Eastlake Trails northern boundary (south side of Otay Lakes Road) shall be concrete and 8' wide. The construction of the proposed sidewalk on the north side of Otay Lakes Road (a]ong the limits of the subdivision boundary) shall be deferred until development occurs along the north ITontage of Otay Lakes Road. (Engineering) 1. FACILITY NO.9 Construct Street "A" to the designed full,width street improvements as approved by the City Engineer. The timing for completion of improvement construction shall be prior to the opening of the proposed Eastlake Trai]s elementary school site, which is scheduled to open the first quarter of the Year 2000. (Engineering) j. FACILITY NO. 10 Construct Street "L" to the designed full,width street improvements as approved by J tfl-j J . ..-------.....-.--..-.-.- the City Engineer. The timing for completion of improvement construction shall be prior to the opening of the proposed Eastlake Trails elementary school site, which is scheduled to open the first quarter of the Year 2000. (Engineering) 3. Provide traffic control devices, as required by the City Engineer, for the roundabout Street "MM." (Engineering) 4. Design all cu]-de,sacs proposed to be a maximum of 150' in length to have a minimurn curbline radius of 36' and a minimum right-of,way radius of 46'. The 5.50' Street Tree Planting and Maintenance Easement shall be granted throughout the cul-de-sac. (Engineering) 5. Design, to the satisfaction of the City Engineer, Street "GG," Court "D" and Court "E" to preclude on-street parking on one side. (Engineering) 6. Submit and obtain approval from the Director of Planning and Bui]ding and the City Engineer for all street names. No two intersections shall have the same street name and street name suffixes shall comply with City standards. (Engineering, Planning) 7. Provide, to the satisfaction of the City Engineer and Fire Chief, adequate pedestrian/vehicular street improvements for access to the schoo] site prior to the opening of the Eastlake Trails elementary school, which is scheduled to open the first quarter of the Year 2000. The improvements shall include, but not be limited to, the following: a. All signs and markings related to the proposed elementary school. b. Pedestrian crossings across Hunte Parkway at King Creek Way, Oak Springs Drive and Clubhouse Drive. c. Concrete sidewalks along entire perimeter of the elementary schoo] site. d. Paved roadways along the entire perimeter of the proposed elementary school site to allow for two,way traffic and comply with the Fire and Police Department requirements. (Engineering) 8. Obtain approval from the City Engineer for street light locations. (Engineering) 9. Construct sidewalk widths and pedestrian ramps on all walkways to meet or exceed the "Americans with Disabilities Act" (ADA) and City standards. (Engineering) 10. Obtain approval from the City Engineer for the design and construction of raised medians on Otay Lakes Road, Clubhouse Drive, King Creek Way and Oak Springs Drive in /P-d.tJ --". .._-_. -..~-". --..-"-.----.. --~..._-_.._----_... conjunction with improvement plans for each of these streets. (Engineering) 11. Provide a letter from the Otay Water District indicating that the subdivision will be provided with adequate water service and long term water storage facilities. (Engineering, Planning) 12. Design and construct all street intersections that are at or near horizontal and vertical curves to meet the sight distance requirements prescribed in the City standards. (Engineering) 13. Provide minimum 5' wide bicycle lanes on the following streets: a. Oak Springs Drive - from Hunte Parkway to Street "A". b. King Creek Way, from Hunte Parkway to Street "BB" /Street "CC". c. Clubhouse Drive, from Hunte Parkway to easterly terminus at Street "B". (Engineering) 14. Acquire and then grant to the City all off, site rights,of,way necessary for the installation of required street improvements for the affected phase prior to approval of the corresponding Final Map.< (Engineering) 15. Notify the City at least 60 days prior to City Council consideration of the affected Final Map, if off-site right,of-way cannot be obtained as required above (Only off,site right,of- way or easements affected by Section 66462.5 of the Subdivision Map Act are covered by this condition). After said notification and prior to the approval of the affected Final Map, the developer shall: a. Pay the full cost of acquiring off-site right -of-way or easements required by the Tentative Map conditions of approval. b. Deposit with the City the estimated cost of acquiring said right,of-way or easements. The amount of the deposit is subject to the approval of the City Engineer. c. Prepare and submit all easement and/or right,of,way documents, plats and appraisals necessary to commence condemnation proceedings. If the developer so requests, the City may use its power of eminent domain to acquire right,of-way, easements or licenses needed for off,site improvements or work related to the tentative map. The developer shall pay all costs, both direct and indirect incurred in said acquisition. If the City does not acquire or commence proceedings for immediate possession of the )tJ;.) } property within the 120 day time limitation specified in Section 66462.5 of the State Subdivision Map Act, the condition to construct the related off,site improvements, which fall under the purview of the above mentioned Section of the Subdivision Map Act, is waived, (Engineering) 16. Construct a temporary turnaround or street improvements, as determined necessary by the City Engineer and Fire Marsha], at the end of temporarily stubbed streets greater than 150 ft. in length (as measured from the nearest centerline intersection). (Engineering) 17. Provide an interim eastbound deceleration lane along Otay Lakes Road for the entrance to park site (P-3) concurrent with the completion of P,3 if the ultimate south half street improvements for Otay Lakes Road are not completed at that time. (Engineering, Planning) 18. Provide interim traffic control devices, as required by the City Engineer, to detour pedestrian traffic to the nearest street crossing if a signalized pedestrian crossing is not availab]e when the greenbelt trail is completed and connected to Otay Lakes Road and Olympic Parkway. (Engineering, Planning) 19, Design and construct, to the satisfaction of the City Engineer, the existing street center lines, travel lanes, striping and curb lines of North Greensview Drive, South Greensview Drive and Clubhouse Drive within Eastlake Greens to align with King Creek Way, Oak Springs Drive and the extension of Clubhouse Drive within the Eastlake Trails subdivision, respectively ,: (Engineering) 20, Design and construct the lane reduction transitions along Clubhouse Drive, King Creek Way and Oak Springs Drive within Eastlake Trails to the satisfaction of the City Engineer. (Engineering) 21. Install, to the satisfaction of the City Engineer, street lights on traffic signal poles at the intersections of Hunte Parkway with Clubhouse Drive, King Creek Way and Oak Springs Drive. If traffic signals are not required at these intersections, install standard street lighting fixtures. (Engineering) 22. Design and construct underground traffic signa] equipment and traffic signal standards at the locations determined by the City Engineer. (Engineering) GRADING AND DRAINAGE 23. Submit hydrologic and hydraulic studies and calculations, including dry lane calculations ) tJ~~;;., for all public streets. Calculations shall also be provided to demonstrate the adequacy of downstream drainage structures, pipes and inlets.; (Engineering) 24. Accomplish storm drain design on the basis of the requirements of the Subdivision Manual and the Grading Ordinance (#1797 as amended). (Engineering) 25. Provide graded access to all storm drain clean outs or as otherwise approved by the City Engineer. < (Engineering) 26. Design the storm drains and other drainage facilities to include Best Management Practices to minimize non,point source pollution, satisfactory to the City Engineer, (Engineering) 27. Designate on the plans as private, to the point of connection with the public system, all storm drain systems that collect water from private property. (Engineering) 28. Design and construct storm drain cIeanouts to not be located on slopes or in inaccessible areas for maintenance equipment. '. (Engineering) 29, Designate as private and maintain by a Home Owner's Association the storm drain between lots 117 and 118 in neighborhood TN-3. Inc]ude in the CC&R's conditions and restrictions to assure proper maintenance. (Engineering) 30. Design and construct all public storm drains as close to perpendicular to the slope contours as possible but in no case greater than 15 degrees from perpendicular to the contours. (Engineering) 31. Designate as private and maintain by a Home Owner's Association all storm drain clean outs carrying private property water and determined by the City to be in areas inaccessible for maintenance equipment. Include in the CC&R's conditions and restrictions to assure proper maintenance. (Engineering) 32. Design and construct brow ditches to not flow over a slope greater than 10 feet in height and steeper than a 3: 1. Drainage shall be collected in an inlet and carried to the bottom of the slope in an underground storm drain. (Engineering) 33. Provide runoff detention facilities or demonstrate the adequacy of existing detention facilities, to be approved by the City Engineer, to assure that the maximum allowable discharges after development do not exceed pre,deve]opment discharges. The developer also needs to provide for the future maintenance of the facilities via the landscaping maintenance district. (Engineering) /P~cJ-J -----,~.._---~.--_._---,------'- 34. Design and construct local storm drain system to prevent discharge into the proposed private park lake (lot P,2). (Engineering) 35. Provide energy dissipators at all storm drain outlets as required by the City Engineer to maintain non,erosive flow velocities. (Engineering) 36. Request, if necessary, that the Federa] Emergency Management Agency (FEMA) revise the effective Flood Insurance Rate Map (FIRM) and Flood Insurance Study (FIS) report for the area influenced by the Eastlake Trails project. A revision may be warranted for the project area due to improvements to Salt Creek and the possibility of proposed residential units for the project currently being shown within a flood zone. (Engineering) 37. Design and construct the improved access extending easterly from lot P-2 to the easterly subdivision boundary so that access is not impeded for pedestrians and vehicles due to upstream runoff. Potential solutions may include a bridge over the creek or an adequately sized drainage pipe under the improved access or any other solution satisfactory to the City Engineer. (Engineering) 38. Submit to and obtain approval from the City Engineer and Director of Planning and Building for an erosion and sedimentation control plan as part of grading plans. (Engineering, Planning) 39. Submit a detailed mitigation plan, prior to issuance of grading permits, for the creation and enhancement of riparian vegetation within the Salt Creek Corridor. The plan will be subject to approval by the Director of Planning and Building. The mitigation plan shall include components addressing performance standards, maintenance requirements (e.g. pest control, weeding, and plant replacement), monitoring and report preparation. The wetland mitigation area shall be maintained in accordance with the Wetland Mitigation Plan. (Planning/EnvironmentaT) 40. Provide a minimum of 3 feet of flat ground access area from the face of any wall to the beginning of the slope rounding for wall maintenance, unless as otherwise approved by the City Engineer.:: (Engineering) 41. Locate lot lines at the top of slopes except as approved by the City Engineer. Lots shall be so graded as to drain to the street or an approved drainage system. Drainage shall not be permitted to flow over slopes or onto adjacent property Y (Engineering, Planning) 42. Design and construct all grading and pad elevations to be within 2 feet of the grades and elevations shown on the approved tentative map or as otherwise approved by the City Engineer and Director of Planning and Building. (Engineering, Planning) 1¿J-c2 'I ---,._..._-_._._----_.__.~.._._-_.. 43. Obtain notarized letters of permission for all off,site grading work prior to issuance of grading permit for work requiring said off-site grading. (Engineering) 44. Submit a list of proposed lots, prior to approval of the corresponding Fina] Map, indicating whether the structure will be located on fill, cut, or a transition between the two situations prior to approval of the first Fina] Map. (Engineering) 45. Design and construct the inclination of each cut or fill surface resulting in a slope to not be steeper than 2: 1 ( two horizontal to one vertical) except for minor slopes as herein defined. All constructed minor slopes shall be designed for proper stability considering both geo]ogical 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 their professional opinion, the underlying bedrock and soil supporting the slope have strength characteristics sufficient to provide a stable slope and will not pose a danger to persons or property, and 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. (Engineering) 46. Enter into an agreement with the City wherein the City is held harmless from any liability from erosion, siltation or increase in flow of drainage resulting from this project. (Engineering, Planning) SEWER 47. Design all sewer access points (manholes) to be located at street centerline or at the center of a travel lane or as otherwise approved by the City Engineer. (Engineering) 48. Provide a sewer profile study for all deep "Local" and "Trunk" sewer lines (15' in depth or greater) which indicates that no other feasible alternative exists except for deep sewer lines. If the profile study is approved by the City Engineer, the deep sewer lines will be permitted for construction. (Engineering) J¿J~ ,2þ 49. Install parallel sewer lines for sewer lines greater than 15 feet in depth if lateral lines are to be connected to these lines unless otherwise approved by the City Engineer. For sewer lines greater than 20' in depth, C900 P.V.c. shall be used from manhole to manhole. (Engineering) 50. Submit a letter of credit, prior to recordation of the subdivision Pinal Map for said 10t, for all sanitary sewer facilities required for development of any lot subject to Telegraph Canyon Sewer Pumped Flows DIP. (Engineering) 51. Pay in full, prior to recordation of the subdivision Pinal Map for said lot, all sanitary sewer facilities required for development of any lot subject to Salt Creek Sewer Basin DIP. (Engineering) 52. Provide improved access to all sewer manholes to withstand H-20 whee] load or other loading as approved by the City Engineer. (Engineering) 53. Design and construct sewer access points to not be located on slopes or in inaccessible areas for maintenance equipment. (Engineering) 54. Provide sewer manholes at all changes of alignment of grade. Sewers serving 10 or less equivalent dwelling units shall have a minimum grade of 1 %. (Engineering) 55. Design and construct all sewers ending in a cul-de-sac with a manhole placed at the center of the cul-de'sac, unless otherwise approved by the City Engineer.· (Engineering) 56. Provide for the costs associated with the maintenance and the potential upgrading of the sewer pump station located at 2660 Otay Lakes Road in accordance with the agreement between the City, Pacific Bay Homes and The Eastlake Company, dated January 20, 1998. (Engineering) AGREEMENTS 57. 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 Chu]a Vista Transportation Phasing PIan, as amended from time to time, 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 and Growth Management Program " /jJ~';¿¿' 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 Director of Planning and Building and Director of Public Works. (Engineering, Planning) 58, Agree to defend, indemnify and hold harmless the City and its agents, officers and emp]oyees, from any claim, action or proceeding against the City, or its agents, officers 1 or employees, to attack, set aside, void or annul any approval by the City, including approval by its Planning Commission, City Councilor any approval by its agents, officers, or employees with regard to this subdivision 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. (Engineering, Planning) 59. Agree to ensure that all franchised cable television companies ("Cab]e 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.i(Engineering, Planning) 60. Developer agrees to not protest formation of a district for the maintenance of the drainage channel in Salt Creek or for the maintenance of landscaped medians, open space, and parkways along streets within and adjacent to the subdivision.; (Engineering, Planning) 61. Agree to reserve lot S,I (schoo] site) for school purposes to be offered for dedication in fee to the Chu]a Vista Elementary School District, in accordance with a schedule as indicated in a Mello Roos community purpose facility district, as approved by the school district, which shall be established to the satisfaction of the District. (Planning) 62. Agree to provide noise study prior to issuance of the Initial Phase first building permit to identify noise impacts generated by surrounding streets and determine the necessary mitigation measures to insure that all dwelling units will be design and constructed to preclude interior noise levels over 45 dBA and exterior noise exposure over 65 dBA, The developer shall implement all mitigation measures recommended in the noise study to reduce noise impacts. (Planning) JIJro<? ~-,-,-,..._-~ ,. "'--"'-'--'~'-'.'-'-'----- 63. Agree to participate in a regional or sub,regional multi,species coastal sage scrub conservation plan prior to approval of the Initial Phase first Final Map. (Planning) 64. Enter into an agreement with the City to provide affordable housing units as specified in the adopted Eastlake Comprehensive Affordable Housing Program prior to approval of the first Final Map. (Community Development) OPEN SPACE/ASSESSMENTS 65. Grant Irrevocab]e Offers of Dedication (lOD) on the Fina] Map for Open Space lots within the subdivision. (Engineering) 66. Either a Home Owner's Association (HOA) or a Community Facilities District shall maintain street medians and environmental open space lots. If the formation of a Community Facilities District (CFD) is selected for the maintenance of street medians and/ or environmental open space lots (OS-1), Developer shall request that the City form a Community Facilities District, prior to approval of the first Fina] Map of the Initia] phase, and submit an application packet for the formation of said The Packet shall include, but is not limited to, associated diagrams, cost estimate, description of work and a deposit in the amount determined by the City Engineer at the time of submittal for processing the formation of the Community Faci]ities District If the HOA is formed to provide maintenance to the environmental lot OS,I and other lots, structure the HOA maintenance program, including maintenance crew qualifications and other contractual arrangements to the satisfaction of the Director of Planning and Building. (Engineering, Planning) 67. Pay for a11 costs associated with the preparation of an Engineer's Report and establishment of a Community Facilities District / Open Space Maintenance District for the maintenance of all open spaces which will not be maintained by private property owners or a Home Owner's Association.' (Engineering, Planning) 68. Provide a plan for the City's approval that includes the acreage, landscaping code for each open space area, the proposed means of maintaining the area and the cost per year for the perpetual rnaintenance of maintaining improvements within CFD rnaintained open space ]ots.i(Engineering, Planning) 69. Conform to the design elements of the City's Landscape Manua] for all landscaping which falls within the maintenance responsibility of the Community Faci]ities District. (Engineering, Planning) 70. Establish a Home Owner's Association (HOA) to provide for the perpetual maintenance of, but not limited to, private open space lots, slope areas, landscape and irrigation, including )¿)/02ð ----...-------"----.--,,...-."-.- perimeter wall within open space lots, public street improvements and medians and parkways on Clubhouse Drive, King Creek Way and Oak Springs Drive prior to the approval of the associated Final Map. (Engineering, Planning) 71. Maintain all decomposed granite (D.G.) walkways by a Home Owner's Association or CFD. All proposed decomposed granite (D.G.) walkways including, but not limited to, the walkways proposed along the north side of Clubhouse Drive and north of Olympic Parkway, shall not have vertical obstacles and obstructions such as public utility vaults, boxes, etc. constructed within them. (Engineering, Planning) 72. Provide proof to the satisfaction of the City Engineer and Director of Planning and Building that all improvements located on open space lots will be incorporated into and maintained by a Home Owner's Association or a CFD. The final determination of which open space areas/improvements to be included in the Community Facilities District and those to be maintained by a Home Owner's Association shall be made during the CFD formation proceedings. .. (Engineering, Planning) 73. Enter into a maintenance agreement and grant easernents as necessary for landscaping maintained by a Home Owner's Association within City right-of,way or such other areas required by the City. (Engineering, Planning) 74. Avoid installation of privately owned water, reclaimed water, or other utilities crossing any public street. This shall include the prohibition of the installation of sleeves for future construction of privately owned facilities. The City Engineer may waive this requirement if the following is accomplished, a. The developer enters into an agreement with the City where the developer agrees to the following: 1. App]y for an encroachment permit for installation of the private facilities within the public right-of-way. 2. Maintain membership in an advance notice such as the USA Dig A]ert Service. 3. Mark out any private facilities owned by the developer whenever work is performed in the area. 4. The terms of this agreement shall be binding upon the successors and assigns of the deve]oper. /¿J-- -27 ..--,.---.-.-----.--. b. Shutoff devices as determined by the City Engineer are provided at those locations where private facilities traverse public streets. (Engineering, Planning) 75. Pay al] costs associated with apportionment of assessments for al] City assessment districts as a result of subdivision of lands within the boundary prior to approval of the each Final Map. Submit an apportionment form and provide a deposit as determined by and to the City to cover costs.i(Engineering) 76. Prepare a disclosure form to be signed by the home buyer acknowledging that additional fees have been paid into the Assessment District or the Transportation DIF Fund, and that these additional fees are reflected in the purchase price of the home for those units, should the development have a density change from that indicated in the Assessment District Engineer's Report. (Engineering) 77. Submit al] Special Tax and Assessment disclosure forms for each mode] size or EDU for the approval of the City Engineer. (Engineering) 78. Comply with the terms and conditions of the Acquisition/Financing Agreement for Assessment District 94-1, CO 94,064, approved by Council Reso]ution 17483 as said terms and conditions may be applicable to this development. (Engineering) 79. Design and construct all of the utilities that service open space within the limits of the open space or dedicated City right-of,way. (Engineering). 80. Agree that walls which are located within open space shall have owners of adjoining lots 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 be reflected in the project CC&Rs, and a copy of said restrictions shall be provided to the City for its approval. (Engineering, Planning) 81. Prior to the issuance of the 50th building permit for the Project, enter into the City's standard three party Agreement with the City of Chula Vista and a landscape architecture consulting fIrm for the preparation and processing of the Project's Community Park Master Plan (P,1 & P,3.). (Planning) 82. Prior to the issuance of the 350th building permit for the Project, prepare, submit and obtain the approval ITom the Director ofP]anning and Bui]ding for the Project's Community Park Master Plan (P,l and P,3.) The Community Park Master Plan shall include facilities and amenities prescribed in the forthcoming City-wide Parks Master Plan as adopted by City /¿;J- 3ð Council. In the event that the forthcoming City,wide Parks Master Plan is not adopted before the community park design begins, the Director ofPlauning and Building shall determine the appropriate park facilities for the community park. (Planning) 83. Design, construct and dedicate park facilities as prescribed In the following park development phasing program: a. Obtain the necessary City approvals and complete park master plan construction documents prior to approval of the 600th building permit. b, Select contractors, as approved by the Director ofP]anning and Building, and begin grading and construction of the community park, including all facilities and amenities, prior to the issuance of the 650th building permit. c. All improvements to the community park, as defined by the Approved construction documents, shall be completed to the satisfaction and approval of the Director of Planning and Building prior to the issuance ofthe 780th building permit. d. Provide maintenance of the completed community park for a period of one-year from the completion of the park to acceptance of the facility by the City. e. Final alignment, design (including signs), width and construction specifications for the greenbelt trail along the east edge of the Salt Creek open space corridor shall be approved by the Planning and Bui]ding Director in conjunction with and subject to the development phasing of the overall community park design. f. The Director of Planning and Building may, at his discretion, delay the park development phasing and construction sequence should conditions change to warrant such delay. If, in the opinion of the City, delay is caused by the City, the Developer may be allowed to delay construction of the park. (Planning) 84. Prior to approval of the first Final Map of the Initia] phase, prepare, submit and obtain approval from the Design Review Committee for the private park (P,2) design and complete construction prior to issuance of the 150th building permit. (Planning/Parks) 85. Prepare, submit and obtain the approval of the Director of Planning and Building for a comprehensive Landscape Master Plan for the Project. (Planning/Parks) 86. Prepare, submit and obtain approval by the Director of Planning and Building for detailed landscape and irrigation plans, including water management guidelines in accordance with the Chu]a Vista Landscape Manua] and Section IlA, Design Guidelines, of the Eastlake Trails SPA for the associated landscaped areas in each Pina] Map prior to the approval of )J?-;J / each Final Map. If Poplus species trees are incorporated in the Eastlake Trails Landscape theme, appropriate installation methods acceptable to the Director of Planning and Building shall be prescribed in the landscape improvement plans. (Planning/Parks) 87. Construct 'pedestrian walkway connections between streets to the satisfaction of the Director ofP]anning and Building at the following locations: a. From the cu],de,sac ends on Streets "GG" and "HH" through open space lot C to Clubhouse drive. b. From the cul,de,sac ends on Streets "K" and "J" through open space lot F to Clubhouse drive. c. From street "MM" through open space lot E to Street "LL" Approval shall be documented prior to the approval of the corresponding Final Maps. (Planning) 88. Include in the Grading plans for the Project's Community Park an inventory of all existing trees to be retained and those to be removed prior to issuance of grading permits involving the community park site. Fina] decision as to which trees are to be retained and which are to be removed shall be made by the Director ofP]anning and Building, and in conjunction with the Community Park Master Plan. (Planning) 89. Relocate at Deve]oper's own expense, the necessary above and underground utilities serving individual homes to accommodate the required street trees within the street tree planting easement if determined necessary by the City. (Planning) 90. Pay the land acquisition portion of the PAD fee for the lnitia] Phase of the Eastlake Trails subdivision, which consists of 626 dwelling units, prior to the recordation of the fIrst fInal map for the Initia] Phase (approximate]y $1,315,530). Deve]oper also shall pay the Eastlake III Deve]opment Agreement advance PAD fee of $1,522,000 (Adjusted by ENR index from the effective day of the Agreement to the time of payment) prior to the recordation of the fIrst fInal rnap for the Initial Phase. The land acquisition portion of the PAD fee ($1,315,530) shall be decreased so that the sum of the park land acquisition portion of the PAD fee and the advance PAD fee stipulated in the above mentioned Eastlake III Deve]opment Agreement, does not exceed the total PAD fees required for the number of units in the Initial Phase. However, the applicant may elect to make an irrevocable offer to dedicate the community park parcels P-l and P-3 as depicted in the tentative map, Chula Vista Tract 99,03, in lieu of the above park land acquisition fee stipulated above. (Planning). /¿J--J,2, EASEMENTS 91. Grant on the corresponding Fina] Map minimum 15' wide easements to the City of Chula Vista, as required by the City Engineer, for construction and maintenance of sewer facilities. (Engineering) 92. Grant on the corresponding Fina] Map minimum 15' wide easements to the City of Chu]a Vista, as required by the City Engineer, for construction and maintenance of storm drain facilities. (Engineering) 93. Grant on the corresponding Fina] Map 10' wide genera] utility easements, as required by the City Engineer, along street right-of-way adjacent to open space 10ts. (Engineering) 94. Grant easements for all off-site public storm drains and sewer facilities prior to approval of any Fina] Map requiring those facilities. The easements shall be the size as required by City standards unless otherwise approved. (Engineering) 95. Grant 20' landscape buffer easements adjacent to Otay Lakes Road and Olympic Parkway. (Engineering) 96. Grant to the City on the corresponding Final Map easements along all public streets within the subdivision as shown on the tentative map and in accordance with City standards unless otherwise approved by the City Engineer and the Director of Planning and Building. (Engineering, Planning) 97. Dedicate for public use all the streets shown on the subject tentative map within the subdivision boundary, except private streets. (Engineering) 98. Grant to the City a drainage and access easement, as determined by the City Engineer, across the proposed private access that connects lot P-2 (Private Park) to the easterly subdivision boundary. (Engineering) MISCELLANEOUS 99. A summary of City responses to each of applicants waiver requests from City standards is contained within the following Tab]e I, which includes the "Approved" or "Not Approved" status of each waiver. The summary descriptions for each waiver within Tab]e I are brief and the approved Tentative Map should be consulted for more cornplete descriptions of the waiver requests. j¡jJ/;J3 TABLE 1: TENTATIVE MAP WAIVERS WAIVER BRIEF DESCRIPTION STATUS COMMENTS NO. 1 Decrease minimum centerline radius on Street "MM" from 200' to 126'. * Approved None 2 Construct a 2% superelevation on Street "MM" with a 45' width R.O.W., a * Approved None 28' curb to curb width and design as one-way. 3 Decrease the minimum R.O.W. width on Street "GG" and Courts "D" and * Approved On-street parking will "E" from 56' to 52'. orily be allowed on one side of the street to be determined by the City Engineer. 4 Decrease the minimum curbline radius from 40' to 36' for cul-de-sacs 150' in * Approved None length or less. 5a Increase the required 5.5' wide "Landscape Easement" on Clubhouse Drive Approved None to 22' in width. 5b Delete 5.5' "Landscape Easement" fOf Street "B" from approximately Street Approved None "CC" to Street "G" on the side adjacent to p-t and for Street "B8" from approximately Street "CC" to Street "G" on the side adjacent to P-l. 5c Increase "Landscape Easement" inclination from 5: 1 to 2: 1 for the following Approved None corner lots which have adjacent streets lower than the pads: TS2 - Lots 6, 45 TS3 - Lots 7,9,41,44.53.75.76,97, 107, 121, 130, 146. 153. 154 TS4 - Lots 35, 49 TS5 - Lots 1, 7, 8, 14,22,23,30,37,38,69,70,89,90.96 TS6 - Lots 6, 47. 71 TN3-Lots21, 29, 55, 56, 58, 80, 93, 101, 113 6 Less than Standard 35' Lot Frontage for: Approved None TS-5: Lots 1, 7, 8, 14, 15,23,37,38,52,62,64,65,70,77,80,81,82, 89, 90, 96, 97 and 103. TS-6: Lots 6, 10 and 1 L 7a "LocaJ" sewer exceeds 12' in depth. Not May be approved by City Approved Engineer at the time that improvement plans are submitted for approval 7b "Trunk" sewer exceeds 20' in depth. Approved C900 P.V.C. will be used from manhole to manhole. 8a Replace standard 8' meandering concrete sidewaJk on Otay Lakes Road to a Not None 10' meandering D.G. walkway. Approved 8b 8' meandering D.G. walkways on N. side of Clubhouse Dr. and E. side of Approved None "8"/"BB" Streets and 10' meandering D.G. Walkway on N. Side of Olympic Parkway. 9 Medians on Clubhouse Dr., King Creek Way and Oak Springs Dr. Approved None 10 Street intersections within horizontal curves or within 100' tangents of * Approved None horizontal curves. /tfJ-31 It Sewer Laterals Deeper Than 15' in Depth. Not May be approved by City Approved Engineer at the time that improvement plans are submitted for approval 12 Slope Rounding and Bench Per Detail on Tentative Map and 3' Bench with Approved None No Slope Rounding at Slopes North of Oak Springs Dr. and North of Olympic Parkway. 13 Maximum height from top of wood fence to top of wall footing is 8.5' if on Approved None property line. If greater than 8.5', a 4' separation between wood fence and wall is required. The following lots are exceptions: TS2-1O, TS3-121, TS6-5 and 46. . The City's approval of the waiver request is contingent upon submittal of a letter from applicants Engineer-of- Work explaining that, in their professional opinion, no public safety issues wiII be compromised. (Engineering, Planning) 100. Submit "as,built" improvement and grading plans as required by the City Subdivision Manual. Additionally, provide the City said plans in a digital D.X.F. file format. (Engineering) 101. Submit a copy of each subdivision in a digital D.X.F. file format prior to approval of its associated Fina] Map or as requested by the City Engineer. The digital file shall be based on accurate coordinate geometry calculations and the NAD 83 State Plane Coordinate System. The digital file shall specifically include each of the following items in a separate drawing layer: a. Lot Boundaries, b. Lot Numbers, c. Subdivision Boundary, d. Right-of,Way, e. Street Center lines, and f. Approved Street Names. Submit the digital file in accordance with City Guidelines for Digita] Submittal on 3 Ih" disks or as otherwise approved by the City Engineer. In addition, submit as-built grading and improvernent plans in a digital D.X.F. file format. Provide security to guarantee the ultimate submittal of grading and improvement digital files. Update electronic files after any construction pen and ink changes to the grading or improvement plans and resubmit to the City. (Engineering) 102. Amend the Eastlake Trai]s Public Facilities Financing Plan (PFFP) prior to approval of the first final map of the Remaining phase to reflect the revised construction schedule for all off-site street improvements, including among other necessary revisions, but not limited ...--- /~-- 3.!J to, the segment of Olympic Parkway from SR,125 to Hunte Parkway, (Planning) 103, Tie the boundary of the subdivision to the California System - Zone VI (1983). (Engineering) 104. Include in the H.O.A. CC&R's that the maintenance of all public facilities and improvements within open space areas and R.O.W. are managed by Home Owner's Association if, in fact, the H.O.A. has such responsibility, Submit to and gain approval of said CC&R's by the Director of Planning prior to approval of the associated Final Map. (Planning) 105. Inc]ude in the Declaration of Covenants, conditions and restricting provisions assuring maintenance of private facilities including the private streets, sewer and drainage systems the maintenance of all public facilities and improvements within open space areas and RO,W. Name the City ofChula Vista as party to said Declarations authorizing the City to enforce the terms and conditions in the Declarations in the same manner as any owner within the subdivision. (Engineering, Planning) 106. Future property owners shall be notified during escrow by a document to be initialized by the owners, and approved by the City Engineer and Director of Planning and Building of the maintenance responsibility of the H. O. A. and their estimated annual cost. (Engineering, Planning) 107. Submit and obtain approval by the Director of Planning and Bui]ding and City Engineer the Proposed CC&R's for the subdivision prior to approval of the corresponding Fina] Map. (Engineering, Planning) 108. Modify the Eastlake Trails Water Conservation Plan to incorporate all new water conservation policies adopted by the City Council. Comply and remain in compliance with said policies. (Planning) 109. The installation of transit facilities along Hunte Parkway shall be concurrent with transit service availability. Since this may not coincide with project development, the Deve]oper shall deposit cash in the amount of eight thousand Dollars ($8,000.00) per shelter (3 she]ters) required by the City's Transit Coordinator. Exact location, bus shelter design, lighting, etc. shall be reviewed and approved by the Director of Public Works prior to bus shelter installation. (Engineering/Transit Coordinator) 11 O. Prior to approval of the first Fina] Map in the Eastlake Trails, submit the necessary Planning application to incorporate the Eastlake Comprehensive Affordab]e Housing Program and Eastlake Community Purpose Facilities Master Plan, as adopted by City Council Reso]ution 19275 in the Eastlake III Genera] Deve]opment Plan and SPA. /¿j-,.]/, (Planning) 111. The Developer agrees that the City may withhold building permits for any of the phases of development identified in the Public Facilities Financing Plan (PFFP) if the required public facilities, as identified in the PFFP or as amended or otherwise conditioned, have not been completed or constructed to satisfaction of the Director of Planning and Building and City Engineer. The property owner may propose changes in the timing and sequencing of the development and the construction of improvements affected. In such cases, the PFFP may be amended as approved by the Director of Planning and Building. (Engineering, Planning) . 112. Provide the City with a copy of the disclosure to homeowners of cost associated with Mello-Roos assessment and open space districts as require by Ordinance 2275, prior to approval of the first Final Map. (Planning) 113. Submit and obtain Design Review approval for neighborhoods TS-4, TS,5, and TS,6 prior to approval of the Final Map containing these neighborhoods. The following minimum lot dimension and lot area are established for these neighborhoods. Minor deviations may be made during the Design Review process provided the minimum standards are maintained as an average: TS,4 TS,5 TS-6 Min. lot width: 50 ft, 45 ft. 50 ft, Min. lot depth: 90 ft. 90 ft 55 ft. Min. lot area 4.500 sq. ft. 3,150 sq. ft. 2,750 sq. ft. Cul-de-sac lot 35 tì 35 ft. N/A width (Planning) 114. Contract with the City's current street sweeping franchisee, or other server approved by the Director of Public Works to provide street sweeping for each phase of development on a rrequency and level of service comparable to that provided for similar areas of the City. The developer shall cause street sweeping to commence immediately after the final residence, in each phase, is occupied and shall continue sweeping until such time that the City has accepted the street or 60 days after completion of all punch list items, whichever is shorter. The developer shall also provide the City Conservation Coordinator with a copy of the memo requesting street sweeping service. The memo shall include a map of areas to be swept and the date the sweeping will begin. (Engineering/Conservation Coordinator) I ]5. Provide the Initial Cycle of fire management! brush clearance within lots adjacent to natural /¿J~ 37 open space areas subject to approval by the Fire Marshal and Director of Planning and Building. (Fire) 116. Install fire hydrants every 500 ft. for single family residential units and every 300 ft. for multi-family residential units. Install and make operable the hydrants and 20' fire access roads prior to delivery of combustible building materials. (Fire) 117. Submit to the Planning and Building, and Engineering Departments service availability letter trom the Otay Water District prior to approval of each Fina] Map. (Planning, Engineering) 118. Instal] potable and recycled water inITastructure improvements as prescribed in the Eastlake Trails Sub- area Water Master Plan prepared by John Powell and Associates, September, 1998, including but not limited to the following improvements: a. Provide a letter trom OWD confirming that upon completion of the potable and recycled water infrastructure facilities, the Developer shall dedicate the improvements to the Otay Water District. b. Extend the existing potable and recycled water mains in Hunte Parkway south to Olympic Parkway, and construct mains in Olympic Parkway from Hunte parkway to the Olympic Training Center. c. Remove the temporary 12" pipeline that crosses the Eastlake Trails project after the water lines prescribed in the Sub,area Water Master Plan are installed. (Engineering) 119. Prepare and obtain approval by the Director of Planning and Building for a detailed mitigation plan for the creation and enhancement of riparian vegetation within the Salt Creek Corridor. The mitigation plan shall include components addressing performance standards, maintenance requirements (e.g. pest control, weeding and plant replacement), monitoring and report preparation, perimeter fencing, signage and a sales disclosure document advising home buyers that OS-] is a protected environmental preserve lot. (Planning) 120. Obtain State Department of Fish & Game (1603 Stream bed Alteration Agreement) and Federa] (Section 404 Clean Water Act) permits prior to approval of grading permit for the Initia] Phase. (Planning/Environmental) CODE REQUIREMENTS 121. Comply with all applicab]e sections of the Chula Vista Municipal Code. Preparation of j¿J-:Jr 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. (Engineering, Planning) 122. Underground all utilities within the subdivision in accordance with Municipa] Code requirements. (Engineering) 123. Pay all applicable fees in accordance with the City Code and Council Policy, including, but not limited to, the following: Prior to issuance of the first building permit, a. The Transportation and Public Facilities Development Impact Fees. b. Signa] Participation Fees. c. All applicable sewer fees, including but not limited to sewer connection fees. d. SR,125 impact fee. e. Te]egraph Canyon Pump Sewer Fee. f. Salt Creek Sewer Basin Fee. (Planning, Parks & Engineering) 124. Comply with all relevant Federal, State, and Loca] 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. (Engineering, Planning) 125. Design 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. (Planning) 126. Comply with all applicab]e regulations established by the United States Environmenta] Protection Agency (USEPA) as set forth in the Nationa] Pollutant Discharge Elimination System (N .P.D.E.S.) permit requirements for urban runoff and storm water discharge and any regulations adopted by the City ofChu]a Vista pursuant to the N.P.D.E.S. regulations or requirernents. Further, the applicant shall file notice of intent with the State Water Resources Control Board to obtain coverage under the N.P.D.E.S. Genera] Permit for Storm Water Discharges Associated with Construction Activity and shall implement a Stonn Water Pollution Prevention Plan (SWPPP) concurrent with the commencement of grading activities. The SWPPP shall include both construction and post construction pollution prevention and pollution control measures and shall identify funding mechanisms for post construction control measures. (Engineering) /tfJ~ 39 IX. 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 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 to compel their compliance with said conditions or seek damages for their violation. No vested rights are gained by Deve]oper or a successor in interest by the City's approval of this Reso]ution. X. INVALIDITY; AUTOMATIC REVOCATION It is the intention of the City Council that its adoption of this Resolution is dependent upon the enforceability of each and every term, provision and condition herein stated; and that in the event that anyone or more terms, provision, or conditions are determined by a Court of competent jurisdiction top be invalid, illegal or unenforceable, this resolution shall be deemed to be automatically revoked and of no further force and effect ab initio. It is in the public's interest for City to require Eastlake to indemnify the city against the adverse risks and costs of a challenge to City's actions in preparing and approving an addendum to EIR 97,04 and approving the Tentative Subdivision Map for Eastlake Trails, Chu]a Vista Tract 99-03 and related discretionary approvals, if any; and NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista does hereby approve an Agreement for Indemnification and Covenants for Actions Taken by City related to Eastlake Trai]s, a copy of which shal] be kept on file in the office of the City Clerk. BE IT FURTHER RESOLVED that the Mayor of the City of Chu]a Vista is hereby authorized and directed to execute said Agreement for and on behalf of the City. Presented by Approved as to form by CL~r John M.Kaheny City Attorney Robert A. Leiter Director of Planning and Bui]ding H:lsharedIAttorneyIPCS-9903.CCR /¿;--'l/ô AGREEMENT FOR INDEMNIFICATION AND COVENANTS FOR ACTIONS TAKEN BY CITY RELATED TO EASTLAKE TRAILS THIS AGREEMENT, made April , 1999, for the purpose of reference only and effective as of the date last executed by the parties, is made between THE CITY OF CHULA VISTA, a Chartered municipal corporation of the state of California ("City"), and The EastLake Company, LLC, a California Limited Liability Corporation, l"EastLake") and is made with reference with the following facts: WHEREAS, on November 24, 1998, the city approved an application submitted by EastLake for an amended general development plan for the area commonly known as EastLake II; and WHEREAS, EastLake has current applications with the City of Chula vista for various approvals I "Current Applications for Discretionary Approvals") related to Eastlake Trails, including but not limited to certification of an Addendum to Final EIR 97-04 and approval of the Tentative Subdivision Map for Eastlake Trails, Chula vista Tract 99-03; and WHEREAS, the City is in the process of considering the approval of the Current Applications for Discretionary Approvals; and WHEREAS, Final EIR 97-04 did not consider Eastlake's proposed tract map as a discretionary approval; and WHEREAS, to address the lack of such consideration, the City proposes and Eastlake agrees that an Addendum to EIR 97-04 is the proper environmental document to address the proposed tract map; and WHEREAS, EastLake wishes to proceed with its proposed tract map without the preparation of a subsequent or supplemental EIR; and WHEREAS, it is in the public's interest for City to require EastLake to indemnify the city against the adverse risks and costs of a challenge to city's actions in preparing and approving an addendum to EIR 97-04 and approving the Tentative Subdivision Map for EastLake Trails, Chula vista Tract 99-03 and related discretionary approvals, if any; and WHEREAS, it is in the publ ic' s best interest for City to require EastLake to indemnify, defend, consent to City's actions, terms and conditions for all Current Applications for Discretionary Approvals, including an Addendum to EIR 97-04, waive any claims against the City, and covenant not to sue the City; and 1 )¡J-J/j NOW, THEREFORE, the parties hereto do hereby agree as follows: I. Warranties and Representations. EastLake warrants and represents that it has the financial strength and solvency to respond monetarily to the obligations herein assumed by it. II. Third Party Claims. A. Indemnity. EastLake hereby agrees to indemnify and hold the City, and each of its officers (including elected officials), employees and agents ("Indemnitee") harmless from and against any and all claims, suits, actions, or other proceedings to which the Indemnitees are exposed ("Proceedings") and from and against any and all losses, expenses, expenditures, costs, judgments, decrees, and orders (including orders for the payment of attorney's fees and costs) to which the Indemnitees are exposed or which the Indemnitees have incurred ("Losses") relating to, caused by, or resulting from the Indemnitee's preparations, review, approval or implementation of each and all of the Current Applications for Discretionary Approvals ("Indemnitee's Actions"), including, but not limited to, (1) any and all Proceedings to attack, set aside, void or annul any of the decisions or determinations that the Indemnitees make in connection with the approval of the EastLake Trails Project, including but not limited to, certification of an Addendum to Environmental Impact Report 97-04, and the making of findings, approval of any mitigation measures, approval of a mitigation monitoring and reporting program; (2 ) any and all Indemnitee's incidences of or inversely; Proceedings contending that the Actions constitute one or more exercise of eminent domain, directly (3) any and all Proceedings contending that the Indemnitee's Actions are invalid as not roughly proportional to the impact of the development; and (4 ) any and all contesting legality of Proceedings asserting any other theory or challenging the lawfulness or the Indemnitee's Actions. B. Attorney's Fees and Costs. The Indemnity herein contained includes (without limitations) , as a covered Loss, any and all attorney's fees and costs incurred 2 /j)" ;/.2 by an Indemnitee, In addition, thereto, EastLake further promises to pay all of Indemnitee's attorney fees, expert wltness fees, and other costs incurred by an Indemnitee in connection with defending any Proceeding which is covered by the Indemnity herein contained, or which if the outcome of the Proceeding would produce a Loss to an Indemnitee, the Loss would be covered by the Indemnity herein contained, and to reimburse an Indemnitee for any court costs, attorney's fees, awards and other litigation expenses which it may be required to pay because of such decisions or determinations. C. Indemnitee's option to Tender Defense. At the option of each Indemnitee, an Indemnitee may tender the defense of any covered Proceeding to EastLake, and upon doing so, EastLake agrees to defend at its sole cost and expense, any such covered Proceeding. Any Indemnitees exercising such option to tender a defense shall reasonably cooperate in the defense of such action, which duty to cooperate shall be subject to and limited by the following terms: a. Such Indemnitee shall promptly notify EastLake of any claims or actions of which it becomes aware. Failure to do so shall not nullify the duties herein contained to indemnify or defend Indemnitee. b, City shall reasonably cooperate with EastLake on the selection of special outside Counsel, but City shall have the final choice. c. City shall use good faith to keep litigation expenses reasonable. D. Settlement Discussions. Any party shall have the right to initiate negotiations with a claimant in a covered Proceeding to end litigation by settlement. Each party has the duty to notify the other parties of settlement negotiations, at the earliest possible stage, if the subject of such negotiation involves a change in the scope, content or conditions relating to EastLake Trails or contained in the Addendum to EIR 97-04, Findings of Fact, or mitigation measures, unless such party believes in good faith that to do so may jeopardize the chances of achieving settlement, but if such notice is not given at the commencement of settlement negotiations, as soon thereafter as disclosure becomes feasible without risk of jeopardizing settlement discussions. 3 /IJ-t/.J E. Reservation of Governance Discretions. The City shall retain sole authority to grant other or different discretionary approvals made in connection with EastLake Trails, or reach different findings, or otherwise exercise its discretion. City, at EastLake's sole cost and expense, shall consider any changes to its discretionary approvals of the Project requested by EastLake, or any other changes the City reasonably deems appropriate or necessary to implement the terms and conditions of a settlement reached between a third party claimant and EastLake. Nothing herein shall obligate the City to grant such change requests, a matter which is solely reserved to City's discretion. F. Binding on Successors. All the provisions and obligations of this Agreement are binding on EastLake, and its successors in interest. The parties contemplate that this instrument may, at the discretion of any party, be recorded in the office of the County Recorder for the County of San Diego with EastLake recognized as a Grantor. III. EastLake Claims A. warranties and Representations. EastLake warrants and represents that it is aware of. and familiar with, all of the terms and conditions the City proposes to impose on the Current Applications for Discretionary Approvals or will become aware of and familiar with all new or amended such terms and conditions ("Terms and Conditions"). B. Consent , Waiver, Covenant Not to Sue and Agreement to Implement Terms and Conditions. EastLake consents to all such Terms and Conditions currently proposed in written format and, unless unequivocal written objection is delivered to the City Council at or prior to the time the City Council grants all or any part of the Current Application for Discretionary Approvals, Eastlake consents and shall be deemed to have consented to all such new or amended Terms and Conditions. EastLake further waives claims, actions and rights to attack, set aside, void or annul any of the decisions, actions, determinations or Terms and Conditions the City has made in connection with the approval of the EastLake Trails Project, including but not limited to circulation and certifications of the Addendum to Environmental Impact Report 97-04, the making of findings, approval of mitigation measures, and approval of any overriding considerations. This waiver of claims applies to any and all of said Terms and Conditions as they may appear in the final form of Such Discretionary Approvals unless, as provided, unequivocal written objection has been provided to the city Council prior to the 4 /Ø~~7' approval thereof. EastLake furthermore covenants not to sue or seek relief by writ or other special proceedings with regard to any or all of said Terms and Conditions. EastLake furthermore covenants to implement all Terms and Conditions according to the requirements therein stated. IV. EastLake Processing Accounts Outstanding. EastLake promises, that if the applicant therefore has not done so earlier, to pay to city all costs City has incurred for processing the Current Application for Discretionary Approvals prior to the City's approval thereof, and as one of its several remedies for a breach hereon, City may, but shall not be required to, withhold approvals of the Current Application for Discretionary Approvals. V. EastLake's Duties Run with the Land. The parties agree that any and all duties and covenants of EastLake herein contained are binding on its heirs, successors and assigns. The parties further agree that the covenant not to sue and agreement to implement the Terms and Conditions touches and concerns the land within the territory of EastLake and are for the specific benefit of the City. The parties agree that such covenant not to sue and agreement to implement the Terms and Conditions runs with the land. VI. City consideration. A. City agrees to process and continue to process, at the sole cost and expense of the applicants therefore, the Current Applications for Discretionary Approvals. B. Nothing herein shall obligate city to approve the Current Applications for Discretionary Approvals, VII. Miscellaneous. A. EastLake understands and agrees that should any action be taken to enjoin the approval of the EastLake Trails Project, and at any time prior to the vesting of rights in such approvals either by the substantial expenditure of funds as defined by the law of the State of California, or by a Development Agreement between the parties specifically reciting the fact and extent of vesting, the City shall have the right to revoke, modify or suspend without cost or expense to the City, the approvals granted, including any subsequent approvals that are derived from the approvals herein, but the Indemnity and Covenants herein granted shall no longer apply to the extent there is a substantial deviation from the approval herein granted. 5 /fl'YS B. In the event it becomes necessary for any party to institute litigation to enforce any of the provisions of this Agreement, the prevailing party shall be entitled to reasonable attorney's fees and costs in such amount as may be ordered by the court. For purposes of this Agreement, "prevailing party" means the party who is awarded substantially the relief sought. (NEXT PAGE IS SIGNATURE PAGE) 6 / iJ /~ ~ SIGNATURE PAGE TO AGREEMENT FOR INDEMNIFICATION AND COVENANTS FOR ACTIONS TAKEN BY CITY RELATED TO EASTLAKE IN WITNESS WHEREOF, the parties hereto have caused this agreement to be executed the day and year first hereinabove set forth. Mayor THE EASTLAKE COMPANY, LLC, a California Limited Liability Company BY~ President THE CITY OF CHULA VISTA ATTEST: city Clerk Approved as to form by By: ÆQ _UrA ~~ ~City Attor y (Above Signatures Shall be Notarized) H:\Home\Atto=ney\Agree\lndernnif.EL 7 /tJ- tj 7 ~/ô /17/fl- C f-/ ME ;f) T / RESOLUTION NO. PCS-99-03 RESOLUTION OF THE CITY OF CHULA VISTA PLANNING COMMISSION RECOMMENDING THAT THE CITY COUNCIL APPROVE THE TENTATIVE SUBDMSION MAP FOR EASTLAKE TRAILS, CHULA VISTA TRACT 99-03 WHEREAS, The Eastlake Company fIIed a duly verified application for a tentative subdivision map with the Planning Department of the City of Chula Vista on October 8, 1998; and, WHEREAS, said application requested approval to subdivide 322.8 acres east of Hunte Parkway between ütay Lakes Road and the future alignment of Olympic Parkway into 749 single family 10ts and four super lots with capacity for 394 dwelling units. The tentative map also includes three open space lots, a 31-acre community park, 10,acre school site, 4.5-acre Community Purpose Facilities (CPF) site and severa] specialty lots (i.e. slopes and landscape buffer areas); and, WHEREAS, refmed information availab]e since completion of the Final EIR regarding the potential environmental traffic impact of the project does not show that the project will have one or more significant impacts which were not previously addressed in the Final EIR; and, WHEREAS, The Environmenta] Review Coordinator has determined that any impacts associated with the proposed tentative subdivision map have been previously addressed by FSEIR 97-04 (Eastlake Trails! Greens Replanning Program) and has, therefore, prepared an addendum to said EIR. The Addendum has been prepared in accordance with requirements of the California Environmental Quality Act, State EIR Guidelines and the Environmental Review. WHEREAS, the Planning Director set the time and place for a hearing on the tentative map and notice of said hearing, together with its purpose, was given by its publication in a newspaper of general circulation in the city and it mailing to property owners and tenants within 500 feet of the exterior boundaries of the property at least 10 days prior to the hearing; and, WHEREAS, the hearing was held at the time and place as advertised, namely 6:00 p.m., April 28, 1999, in the Council Chambers, 276 Fourth Avenue, before the Planning Commission and said hearing was thereafter closed; and, WHEREAS" the Planning Commission hereby adopts the Addendum to FSEIR 97-04 (Eastlake Trails/ Greens Rep]anning Program). NOW, THEREFORE, BE IT RESOLVED THAT THE PLANNING COMMISSION hereby recommends that the City Council adopt the attached draft City Council Reso]ution approving the Tentative Subdivision Map for Chula Vista Tract 99-03 in accordance with the fmdings and subject to the conditions contained therein. I BE IT FURTHER RESOL VED THAT a copy of this resolution be transmitted to the City Council. PASSED AND APPROVED BY THE PLANNING COMMISSION OF THE CITY OF CHULA VISTA, CALIFORNIA, this 28 day of April, 1999, by the following vote, to-wit: AYES: NOES: ABSENT: John Willett, Chairperson ATTEST: Diana Vargas, Secretary H:/home/planninglluisIPCS,9904. PCR .:2.... I~ " ;¡ " AtTl'1ctA...lE,UT Z. CH U LA VISTA PLANNING AND BUILDING DEPARTMENT LOCATOR PROJECT Eastlake Company PROJECT DESCRIPTION: C) APPLlCANP. SUBDIVISION PROJECT Eastlake Trails ADDRESS: Request Proposal for Eastlake Trails Tentative Map. 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Iii ~ ~..! i'f ¡.,.= i"i' ¡' {" ",I""i/' ,!¡II!II!!h .i i! ,I II Ii I , n , ., I ~ 11 :; t " ArrACH. ~ TABLE A REQUESTED WAIVERS Requested No. Waiver StaII'sl'œition Status 1. Rcdocc Street "MM" CClierlioe radius from 200 II. to Rccommcoda approval of the waiver provided that traffic control 126 II. devices, as approved by the City Engineer. arc installed. Approved a. Modity street dcsigo from staodard crowo (2 % ran on The modified crown will compc:nsate for the tighter radius each side of street centc:r1inc) to a constant slope across proposed in Waiver No.1 above. Thus, staff recommends the full length ofth. street (2% ran from curb to alrb). approval of the waiver as requested. Approved 2b. Design Street "MM" with a 45 ft. right-of-way width, a The modifications to typical City residential street standards are 28 ft. curb to curb width and as on~way. approved based on adequate dimensions for the Fire Department and public vehicular traffic being provided for. Approved 3. Reduce right-of-way width of Street "GO" and Courts Design tbcsc streets to preclude parking on one &ide of the street. "D" and "'E" from 56 ft. To 52 ft. Approved 4. Reduce cul-de-sac curbline radius for cul-de-sacs 150 ft. The FlI'C Department has endorsed the reduced radius provided in length or less from 40 ft.. to 36 ft. the cul-de-sac length does not exceed 150 ft. in length. Approved Sa, Delete 5.5' "Landscape Easement" for Street "B" from The streeI. is adjacent to a public park. Thus, easement not apprOL Street "CC" to Street "G" on the side adjacent necessary. to P-l; and from Street "BB," from approx. Street "CC" to Street "G" on the side adjacent. to P-l Approved Sb. Increase "Landscape Easement" inclination from 5:1 to A street tree planting solution for these corner lots shall be 2:1 for various lots listed in the Tentative Map Waiver submitted to the City prior to approval of the corresponding request No. 5 Final Map. Approved 6. Reduce the required 35 ft Jot frontage for sevcrallots All these lots, which are comer lots and cul-de-sacs, meet listed in the Tc:ntative map Waiver No 6. minimum lot width. Approved 7a. Allow the installation of local sewCt8 deeper than 12 fL Staff does not favor deep local sewccs because it may be a Not potential maintenance probJcm. approved 7b. Allow Tnmk sewer to cxcccd 20 ft. in depth. Use C900 PVC from manhole to manhole. Approved Sa. Allow 8 ft. wide DG sidewalk on the north side of Project internal amenity. Clubhouse Drive and the east side of Streets "BB"¡ "B". Approved 8b. Allow 10 fL wide DG sidewalk on the north side of DG sidewalk is a segment of the city's greenbelt system. Olympic Parkway Approved Be. Allow to ft. wide DG sidewalk on the south side of Otay The existing sidewalk along Otay Lakes Road, west of Hunte Not Lakes Rd. Parkway is concrete. Thus staff does not recommend approval of approved this waiver. 9. Incorporate a street median where a median is not Adding a street median is in excess of city standards. nonnany required. Approved 10. Allow street intersection design that includes horizontal Staff recommends approval of this waiver based on submittal of curves to exist within the intersection or within a letter from the applicants Engineer-of-Work that no public approximately 100ft. past the nearest curbJine. safety issues will be compromised. Approved 11. Allow sewer laterals to be installed deeper than 15ft. Staff does not favor deep sewer laterals because it may be a Not potential maintenance problem. Approved 12. Modify the typical &Jope rounding requirement to Staff endorses the proposed waiver because it does not provide for a 3 ft. maintenance walk. significantly affect the slope banks. Approved 13. Maximum height of retaining waW fence combination to Most of these retaining waW fences occur aJong rear property be 8.5 ft. lines. Approved ¿D _~'.__~." _·_'_··'_~~"_'_.__^no"___..._.. A77AU{. ~ SECOND ADDENDUM TO EIR-97-04 (EASTLAKE TRAILS/GREENS, SUBSEQUENT) Iniûal Study 18-99-16 PROJECT NAME: Eastlake Trai]s Tentaûve Subdivision Map, Chula Vista Tract 99-03 PROJECT LOCATION: East of Hunte Parkway, south ofOtay Lakes Road, nortj of Olympic Parkway and west of Salt Creek, Chula Vista, CA.. PROJECT APPLICANT: The Eastlake Company PROJECT AGENT: Michae] Lake CASE NO.: 18,99-16 DATE: April 20, 1999 I. INTRODUCTION The environmental review procedures of the City of Chula Vista allow the Environmental Review Coordinator (ERC) to prepare an addendum to a Negaûve Declaraûon or Environmental Impact Report (EIR) if one of the following conditions is present: 1. The minor changes in the project design which have occurred since compleûon of the Final EIR (EIR-97-04) have not created any new significant environmental impacts not previously addressed in the Final EIR. 2. Addiûonal or refined information available since completion of the Final EIR regarding the potential environmental impact of the project, or regarding the measures or alternatives available to mitigate potenûal environmental effects of the project, does not show that the project will have one or more significant impacts which were not previously addressed in the Final EIR. This addendum has been prepared in order to provide addiûonal information and analysis concerning traffic, service and land use impacts as a result of the proposed tentative map. FEIR 97-04 analyzed the impact of the development at the Secûonal Planning Area (SPA) level. It did not analyze the currently proposed tentative map, which is the subject of this addendum. As a result of this analysis, the basic conclusions of the Final EIR have not changed. Noise and public service impacts are found to be less than significant for the proposed project and were previously addressed in EIR 97-04. Specific traffic impacts related to the project were identified in the EIR. The EIR concluded that with the exception of the Year 2010, there would be no project specific impacts. An 11 _..~----._..__.. --..--.--.---..,-. ---..--.--- additional SANDAG traffic model run for this addendum did indicate project specific impacts in the year 2005, if Olympic Parkway is not connected between East Palomar Street and Hunte Parkway. Cumulative traffic impacts remain as identified in the previous ElR. The additional traffic model was prepared to clarify the need for this portion of Olympic Parkway in the year 2005. In fact, the models assumed Olympic Parkway would be in place as the mitigation for future traffic impacts from much of the development anticipated in the Eastern Territories. The additional traffic model indicates the need for EastLake Trai]s to participate directly in the construction of this portion of the Olympic Parkway. The Tentative Map has been conditioned to clarify the level of involvement associated with this project for the connection of the Olympic Parkway. Therefore, in accordance with Section 15164 of the CEQA Guidelines, the City has prepared the following addendum to ElR-97-04. II. PROJECT SETTING The 322-acre project site lies within the Eastlake planned community, a large, partly developed mixed-use community on the urbanizing eastern fringe of the city of Chu]a Vista. The Eastlake Trails is bounded by the Eastlake Woods Neighborhood to the north, across Dtay Lakes Road; the Vistas Neighborhood, which is part of Eastlake III, to the east; the Otay Ranch Village 11 lies across Olympic Parkway; and the East]ake Greens Neighborhood is located across Hunte Parkway. The site consists of gently rolling terrain with site elevations generally ranging ITom 700 feet to 750 feet above mean sea ]evel (msl). In general, the land presently being developed has been historically disturbed by agricultural activities. These activities have generally removed the native vegetation from the majority of the project site. Even so, some small areas of native vegetation persist, particularly along the Salt Creek corridor on the eastern boundary of the Trai]s property. The project area for the most part does not represent suitable habitat land for any of the sensitive animal or plant species. III. PROPOSED PROJECT The project consists of a tentative subdivision map for the Eastlake Trails development proposing the development of 957 sing]e-family residential lots and 186 mu]ti,family residential dwelling units. Additionally, the tentative map also shows the proposed elementary schoo] site, community and private parks and the community purpose facility (CDF) site as well as open space designated areas. Access is via Dtay Lakes Road and eventually Olympic Parkway. The entire 322-acre project site is proposed to be graded. The grading would involve the excavation and movement 00,300,000 cubic yards of soil. This would result in a maximum depth cut of 60 feet and a maximum depth of fill of 65 feet. Public work projects including I"L streets, water and sewer Jines will be constructed as per the adopted plans and as evaluated by Eastlake Trails ElR #97-04. The proposed dwelling units should exceed code requirements and would vary from 1,100 square feet to 4,000 square feet. The maximum height of structures would be two-story or 35 feet. The percent of 10t coverage would be in accordance with the adopted planned community regulations. Comparison of Adopted to Proposed Proposed 1 st Addendum Difference Tent. Map to EIR 97-04 SF Units 957 957 NONE MF Units 186 186 NONE School 11.0 ac. 13.2 ac. 2.2 ac. (,) Parks (public) 31.1 ac. 25.3 ac. 5.8 ac.(+) CPF 4.6 4.6 NONE 1. Public Park: The project proposes to add 5.8 acres of new park area to serve the residents of the subdivision and surrounding development. 2. School Site: The difference in the school site area is due to the topography in the area and the final graded useable area as stipulated by the school district. These would be considered minor technical changes corresponding to the overall adopted land use designations for the East]ake Trai]s Deve]opment plan. Tentative Tract Map No amendment to the adopted East]ake Trails plan will be required to adopt the subject tentative tract map. Conditions of approval would not need to be amended to reflect the minor tentative tract map changes. IV. COMPATffiILITY WITH ZONING AND PLANS The Chula Vista General Plan Land Use E]ement designates land uses for the Eastlake Planned Community. For the subject site, the Chula Vista General Plan is implemented through the East]ake General Deve]opment Plan. The Sectional Planning Area (SPA) Plan for the Eastlake Trai]s is consistent with the General Deve]opment Plan and the Chula Vista General Plan. The General Development Plan provides for various uses, including an elementary school site, neighborhood private and public parks, CPF site, low and medium, 13 .. .--~~_...__. .. _...._- high density housing and open space areas. These general land use concepts will be implemented through the proposed tentative map. V. IDENTIFICATION OF ENVIRONMENTAL EFFECTS 1. Public Services ImDacts Fire The Fire Department states that adequate level of fire protection for the proposed development can be provided at present and at ultimate built out with implementation of the Eastlake Fire Station Master Plan which includes building of new stations with manpower and equipment over a phased time period. The Fire Department states that additional comments will be provided when detailed construction plans become available. Police Department The estimated response times for Priority 1 calls and for Priority 2 calls are above the recommended city thresholds. Significant impacts to police services shall be addressed on a city-wide level upon the availability of specific site plan development through the payment of Development Impact Fees (DIF). The Public Facility Master Plan will address the possibility of relocating the current police facility to a more central location. . 2. Utilitv and Service Svstems Schools The Sweetwater Union High School District and the Chula Vista Elementary Schoo] District state that school impacts associated with the proposed project have previously been negotiated. Full mitigation would require the developers participation in the fonnation of a Mello,Roos community facilities district (CFD) prior to the issuance of final maps. Mitigation requires the Developer to provide the required acreage, grade the land and pay the schoo] fees. The schoo] district would be responsible for constructing the new elementary schooL Traffic The Threshold/Standards Policy requires that all intersections must operate at a Level of Service (LOS) "C" or better, with the exception that Level of Service (LOS) "D" may occur during the peak two hours of the day at signalized intersections. No intersection may reach an LOS "F" during the average weekday peak hour. Intersections of arterials with freeway ramps are exempted from this policy. It , ..~~-_.-..,".._.._~-". The overalllong,tenn transportation and circulation issues have been adequately addressed in the Eastlake Trails/Greens Replanning Program ErR 97,04. Linscott, Law & Greenspan (LLG) prepared a subsequent traffic study for the proposed project. The purpose of the subsequent traffic study was to refine mitigation measures identified in the EIR related to the timing of and responsibility for the cons1ruction of Olympic Parkway nom East Palomar Street to Hunte Parkway 3. ODen Suace The project proposes to designate 22.5 acres as open space with the area along the southerly portion of Salt Creek also being utilized as a public park area. No impacts or changes to the designated open space would result nom implementation of the project. 4. Noise The primary noise source, once full build out is reached at Eastlake Trails will be nom vehicular traffic. Noise sensitive receptors include residences, the school site and the park play areas. Noise impacts would tend to increase as regional traffic volumes increase due to growth and the widening of roadways. The degree of impact to these sensitive noise receptors would depend on their location in relation to the roadways, finished grades and project design. The specific noise attenuation measures, including the location, design and size of proposed sound walls will need to be resolved prior to the filling of the final map. The general noise issues have already been adequately addressed in EIR #97-04. Specific sound attenuation measures outlined in the RECON Noise Study dated March 25, 1999 (Figures 1 & 2), including design, height and location of sound walls and benns shall be made a part of the conditions of approval of the tentative map. VI. CONCLUSION Pursuant to Section 15164 of the State CEQA Guidelines and based upon the above discussion, I hereby find that the project revisions to the proposed project will result in only minor technical changes or additions which are necessary to make the Environmental Impact Report adequate under CEQA.. Douglas D. Reid Environmental Review Coordinator /5 ~~-""-_._'-' ,..,-,-....--".----- REFERENCES Chula Vista General Plan (1989) Title 19, Chula Vista Municipal Code City ofChula Vista Environmental Review Procedures Eastla/œ Community General Development plan (1982) Eastla/œ Sectional Planning Area (June, 1982) Master EIRfor Eastla/œ EIR 81-03 (Dec., 1981) EastIa/œ Trails Prezone & Annexation EIR 86-04 (April, 1986) RECON Noise Study, (March 25,1999) LLG Traffic Letter dated April 20, 1999 Lb Case No.IS-99-16 ENVIRONMENTAL CHECKLIST FORM 1. Name of Proponent: 2. Lead Agency Name and Address: 3. Address and Phone Number of Proponent: 4. Name ofProposal: 5. Date of Checklist: rJ. - -.--~------'"--_._-_._---- The Eastlake Company City of Chula Vista 276 Fourth Avenue Chula Vista, CA 91910 900 Lane Ave., Suite 100 Chula Vista, CA. 91914 (619) 421-0127 East]ake Trai]s Tentative Subdiv. Map January 27, 1999 PoteDtially SignificaDt Impact Potentially Significant Unless Mitigated Less than SigDifica ntlmpact I. LAND USE AND PLANNING. Would the proposal: a) Conflict with general plan designation or zoning? b) Conflict with applicable environmental plans or policies adQpted by agencies with jurisdiction over the project? c) Affect agricultural resources or operations (e.g., impacts to soils or fannlands, or impacts from incompatible land uses)? d) Disrupt or divide the physical arrangement of an established community (including a low-income or minority community)? Comments: The project site is currently contains two small houses, two barns, two storage sheds and miscellaneous structures. There are presently no improved roads. The one resident caretaker will be vacating the premise prior to construction. No amendments to the Eastlake General o o o o o o o o o o o o No Impact ŒI ŒI ŒI ŒI Page No.1 Potentially Sigaifteant Impact Potentially SignilicIDt Unless Mitigated LessthaD SignUica Dt Impact No Impact Development Plan (GDP) or the SPA Plan are needed. The issues related to land use compatibility, consistency with adopted plans, and the conversion offormer agricultural land to an urban use have been adequately addressed by Master EIR for Eastlake EIR-81-03 and the 1989 Final EIR for Eastlake Greens SPA and the Final Subsequent Environmental Impact Report for Eastlake Trails/Greens Replanning Program EIR # 97,04. I. POPULATION AND HOUSING. Would the proposal: a) Cumulatively exceed official regional or local population projections? b) Induce substantial growth in an area either directly or indirectly (e.g., through projects in an undeveloped area or extension of major infrastructure)? c) Displace existing housing, especially affordable housing? Comments: The overall project is in substantial compliance with approved plans. Project implementation would assist the City's ability to meet housing and employment needs within the area. As a component part of the overall Eastlake General Development Plan, the proposed residential development project will contribute to meeting the projected demand per SANDAG estimates for housing and employment. No adverse impacts to housing are noted nom the proposed project. The issues of housing and growth were adequately addressed by Master EIR for Eastlake EIR-81-03, the 1989 Final EIR for Eastlake Greens SPA and the Final Subsequent Environmental Impact Report for Eastlake Trails/Greens Replanning Program EIR # 97-04. o o o ŒJ o o o ŒJ o o o ŒJ II. GEOPHYSICAL. Would the proposal result in or expose people to potential impacts involving: a) Unstable earth conditions or changes in 0 0 ŒJ 0 geologic substructures? b) Disruptions, displacements, compaction or 0 ŒJ 0 0 overcovering of the soil? c) Change in topography or ground surface .0 ŒJ 0 0 relief features? /0 Page No.2 ...-.---......... . --.-.-..-...-.----.' Poteatially SigDifiCIIDt Import o d) The destruction, covering or modification of any unique geologic or physical features? It:;¡ Potentially SigDificaDt Unless Mitigated o Less thaD Signific8 øtImpact Œl No Impact o Page No.3 e) Any increase in wind or water erosion of soils, either on or off the site? f) Changes in deposition or erosion of beach sands, or changes in siltation, deposition or erosion which may modify the channel of a river or stream or the bed of the ocean or any bay inlet or lake? g) Exposure of people or property to geologic hazards such as earthquakes, landslides, mud slides, ground failure, or similar hazards? Poteotillly Potentially Sigoltieaat Less tbaa Signmeant Unless SlgDilka No Impact Miticatcd ntlmpact Impact 0 0 [B] 0 0 0 0 [B] o o [B] o Comments: The Eastlake Planned Community site is located in the transitional area between the mountain-val]ey section and the coastal plain section. The inner Continental Borderland is part of a broad zone of northwest-trending faulting associated with the boundary between the Pacific and North American tectonic plates. Based on a review of published geologic literature and maps of the project area no active faults are known to directly underlie the project site as was analyzed and determined by the Final Eastlake Environmental Impact Report, (Dec. 1981). During the last 50 years, the San Diego region has been characterized by little seismic activity. The most probable seismic event likely to affect the proposed development would be an earthquake on the Rose Canyon fault, which is located about 15 miles northwest of the project site. Mitigation has been included that would require site-specific geotechnical studies prior to construction to evaluate soil conditions and characteristics, areas of potential slope instability, landslides, faults, liquefaction potential, and rippability characteristics. The proposed tentative tract map would not change adopted mitigation nor does it propose more intense use of the land. No further mitigation would be required and no significant adverse impact is noted. These issues have been adequately addressed by Master EIR for Eastlake EIR, 81-03, the 1989 Final EIR for Eastlake Greens SPA and the Final Subsequent Environmental Impact Report for Eastlake Trails/Greens Rep]anning Program EIR # 97-04. III. WATER. Would the proposal result in: a) Changes in absorption rates, drainage patterns, or the rate and amount of surface runoff? 2-D ....-.--..---.- o [B] o o Page No. 4 b) Exposure of people or property to water related hazards such as flooding or tidal waves? c) Discharge into surface waters or other alteration of surface water quality (e.g., temperature, dissolved oxygen or turbidity)? d) Changes in the amount of surface water in any water body? e) Changes in currents, or the course of direction of water movements, in either marine or fresh waters? f) Change in the quantity of ground waters, either through direct additions or withdrawals, or through interception of an aquifer by cuts or excavations? g) Altered direction or rate of flow of groundwater? h) Impacts to groundwater quality? i) Alterations to the course or flow of flood waters? Poteatially SigDiflCaDt Impld o o o o o o o o Potentially SigDifiCllDt Unless Mitigated o o o o o Œl o o o Less than Significa ntImpact o o o o o o Œl o o No Impact Œl Œl ŒI ŒI Œl o o ŒI ŒI j) Substantial reduction in the amount of water otherwise available for public water supplies? Comments: These issues were adequately addressed in Master EIR for Eastlake EIR ,81-03, the 1989 Final EIR for Eastlake Greens SPA and the Final Subsequent Environmental Impact Report for Eastlake Trails/Greens Replanning Program EIR # 97-04. The Drainage Plan for Eastlake provides the framework for addressing the issues relating to urban runoff, sedimentation, stonnwaters, encroachment, and water quality. The increased flows expected at build out can be mitigated through: 1) the provision of the stonn drain facilities and detention basins as recommended in the Drainage Plan, and 2) the payment of the drainage fee established at the time final maps within the basin are recorded. The project site is not in an area of significant groundwater recharge. Due to the filtering of pollutants during percolation, in addition to the poor quality of existing ground water within The Trails as described in the existing setting no significant impacts to ground water quality are anticipated. The proposed mitigation measures 21 o ----.--.....--- ..-.-........-.......--.-..-----......-... Page No. 5 Poteatially PotmtiaUy SigniOcant Less than Sipifacaat Unless Sigaifica No Implld Miti¡:.tcd at Impact Impact and project design levels would reduce the ground-water and surface water impacts to below a level of significance. No new significant adverse impacts are noted from the proposed tentative map. IV. AIR QUALITY. Would the proposal: a) Violate any air quality standard or contribute to an existing or projected air quality violation? b) Expose sensitive receptors to pollutants? c) Alter air movement, moisture, or temperature, or cause any change in climate, either locally or regionally? d) Create objectionable odors? e) Create a substantial increase in stationary or non,stationary sources of air emissions or the deterioration of ambient air quality? Comments: These issues were adequately addressed in Master EIR for Eastlake EIR -81-03, the 1989 Final EIR for Eastlake Greens SPA and the Final Subsequent Environmental Impact Report for Eastlake Trails/Greens Replanning Program EIR # 97-04. These EIRS' considered pollutants from both stationary and mobile sources associated with the proposed development. Mitigation measures were made a part of the FEIR that covered the following areas of potential sources of impact: construction, land use policies, siting/design policies, and transportation-related management actions. The construction related impacts would would be temporary in nature until the sale of homes is complete. The implementation of this project will not result in any significant direct air quality impacts. No mitigation for cumulatively significant air quality impacts is available other than compliance with the goals and objectives of the Regional Air Quality Strategy. V. TRANSPORTATION/CIRCULATION. Would the proposal result in: o o ŒJ o o o o ŒJ o o o ŒJ o o o ŒJ o o ŒJ o a) Increased vehicle trips or traffic congestion? 0 ŒJ 0 0 b) Hazards to safety from design features (e.g., 0 0 0 ŒJ sharp curves or dangerous intersections) or incompatible uses (e.g., farm equipment)? .;2:2- Page No.6 ."-----~_._--- c) Inadequate emergency access or access to nearby uses? 23 Potentially Potentially SigDifieaDt I...ess tban SignifiCIIDt Unless Significa No Impact Mitigated at Impact Impact 0 0 0 ŒJ Page No.7 d) Insufficient parking capacity on-site or off- site? e) Hazards or barriers for pedestrians or bicyclists? f) Conflicts with adopted policies supporting alternative transportation (e.g. bus turnouts, bicycle racks)? g) Rai], waterborne or air traffic impacts? h) A "large project" under the Congestion Management Program? (An equivalent of 2400 or more average daily vehicle trips or 200 or more peak,hour vehicle trips.) Potenti.Uy Potmtially SigDIOc:aDt Less tbaa Sigaificaat Unless Sigaifica No Impact Mitigated Dtlmpact Impact D D D ŒJ D D D ŒJ D D D ŒJ D D D D D ŒJ ŒJ D Comments: The overall issues involving transportation and circulation traffic impacts were adequately addressed in the Master EIR for Eastlake EIR-81-03, the ] 989 Final EIR for Eastlake Greens SPA and the Final Subsequent Environmental Impact Report for the Eastlake Trails/Greens Replanning Program EIR # 97-04. Traffic engineers Linscott, Law & Greenspan (LLG) prepared a traffic study in June 1998 for the proposed project. Several computer mode] runs were prepared for that analysis. Two models were prepared for the year 2005, one with and one without SR,125. Both models assumed Olympic Parkway was connected between East Palomar Street and Hunte Parkway. The results of the analysis contained in the EIR show that all traffic impacts from the project are cumulative with the exception of one project specific impact in the year 2010 to Otay Lakes Road. Mitigation measures for the cumulative irnpacts as well as the project specific impact remain as identified in the EastLake GreenslTrai]s Replanning Program EIR. During the preparation of this Addendum, the City was preparing feasibility and fmancing plans for the construction of portions of Olympic Parkway. Since it was not apparent that Olympic Parkway would be in place in the year 2005, it was detennined that another model run that did not assume the connection of Olympic Parkway east of East Palomar Street to Hunte Parkway was necessary. New SANDAG Model Run A Year 2005 SANDAG computer model run was completed utilizing the identical network ~v Page No. 8 Potentially Poteutially Significant Less than Significaat Unless Sigaifica No Impact Mitigated nt Impact Impact used in the EIR traffic study but without Olympic Parkway connected between East Palomar Street and Hunte Parkway. It was assumed that SR 125 was not constructed. That model showed that Otay Lakes Road between EastLake Parkway and Rutgers Avenue is estimated to carry 64,000 ADT if Olympic Parkway is not connected between East Palomar Street and Hunte Parkway. This corresponds to LOS F according to the City of Chula Vista standards, which does not meet the City's threshold requirements. As indicated by the outcome of the models with and with the Olympic Parkway connection, EastLake Trails would be responsible for about 12% of the future "Average Daily Trips" (ADT) on Otay Lakes Road between EastLake Parkway and Rutgers A venue. The threshold in the EIR for a project impact is 5%. Therefore, there will be a need for Olympic Parkway to be connected between East Palomar and Hunte Parkway in the Year 2005 as a result of development within the EastLake Trai]s. VI. BIOLOGICAL RESOURCES. Would the proposal result in impacts to: a) Endangered, sensitive species, species of 0 0 ŒJ 0 concern or speciès that are candidates for listing? b) Locally designated species (e.g., heritage 0 0 0 ŒJ trees)? c) Local]y designated natural communities 0 0 0 ŒJ (e.g, oak forest, coastal habitat, etc.)? d) Wetland habitat (e.g., marsh, riparian and 0 ŒJ 0 0 vernal pool)? e) Wildlife dispersal or migration corridors? 0 0 ŒJ 0 f) Affect regional habitat preservation 0 ŒJ 0 0 planning efforts? Comments: Impacts to biological resources have been adequately addressed in Master EIR for Eastlake EIR-81-03, the 1989 Final EIR for Eastlake Greens SPA and the Final Subsequent Environmental Impact Report for Eastlake Trails/Greens Replanning Program EIR # 97-04. With the exception of vegetation in the Salt Creek Corridor, the Eastlake Trails site was previously Page NO.9 ;¿1) Potentially Poteutially Sigaifiltant Less than SiglllifiCllat Unless Sillllifica No Impact Miügated nt Impact Impact farmed for oat production. Because of these farm operations, vegetative habitat and associated biological resources are absent from the project site. No new impacts to biological resources are noted as a result of the proposed tentative subdivIsion map. The project shal] comply with mitigation relating to riparian impacts within the Salt Creek Corridor and conditions of the grading pennit as reqyuired by State and Federal Regulatory Agencies. VII. ENERGY AND MINERAL RESOURCES. Would the proposal: a) Conflict with adopted energy conservation 0 0 0 ŒJ plans? b) Use non-renewable resources in a wasteful 0 0 0 ŒJ and inefficient manner? c) If the site is designated for mineral resource 0 0 0 ŒJ protection, will this project impact this protection? Comments: These issues were adequately addressed in Master EIR for Eastlake EIR,81,03, the 1989 Final EIR for Eastlake Greens SPA and the Final Subsequent Environmental Impact Report for Eastlake Trails/Greens Replanning Program EIR # 97-04. No new adverse impacts would result from the proposed tentative subdivision map. VIII. HAZARDS. Would the proposal involve: a) A risk of accidental explosion or release of hazardous substances (including, but not limited to: petroleum products, pesticides, chemicals or radiation)? b) Possible interference with an emergency response plan or emergency evacuation plan? c) The creation of any health hazard or potential health hazard? d) Exposure of people to existing sources of potential health hazards? ~(. o o o ŒJ o o o ŒJ o o o ŒJ o o o ŒJ Page No. 10 e) Increased fire hazard in areas with flammable brush, grass, or trees? J.7 Potentially PotlClltiaUy SigaificaDt Less tban Si&aIfiCIID. Valess SignJfica No Im,.ct Mitigated at Impad Impact 0 0 0 [RJ Page No. 11 Potentially SigDifkant Impact PotenUally Sigoific.aat Unless Mltiga.... Less tb.a Significa DtImplct No Impact Comments: The project proposes residential development and would not pose a health hazard to humans nor would hazardous materials or substances be stored within the project area. These issues were adequately addressed in Master EIR for Eastlake EIR-81-03. IX. NOISE. Would the proposal result in: a) Increases in existing noise levels? 0 ŒJ 0 0 b) Exposure of people to severe noise levels? 0 ŒJ 0 0 Comments: The primary noise source throughout the project area at full build out of the Eastlake Trails Development would be from vehicular traffic. On-site noise impacts would occur as development takes place on the project site, Off,site noise impacts would increase as regional traffic volumes increase due to growth and roadway segments are widened. The degree of impact would depend on the location of the noise-sensitive receptors (homes, play ground areas, schoo]s) in relation to those roadways as well as the proposed grading and project design. The overall noise issues were adequately discussed in Master EIR for EastIake EIR-8]-03, the 1989 Final EIR for Eastlake Greens SPA and the Final Subsequent Environmental Impact Report for East]ake Trails/Greens Replanning Program ErR # 97-04. Specific sound attenuation measures including design, height and location of sound walls shall be resolved prior to filing of the final map. No additional mitigation will be required. X. PUBLIC SERVICES. Would the proposal have an effect upon, or result in a need for new or altered government services in any of the following areas: a) Fire protection? 0 ŒJ 0 0 b) Police protection? 0 ŒJ 0 0 c) Schools? 0 ŒJ 0 0 d) Maintenance of public facilities, including 0 ŒJ 0 0 roads? e) Other governmental services? 0 ŒJ 0 0 Comments: Project impacts to governmental services have been adequately analyzed in Master EIR for Eastlake EIR-81-03, the 1989 Final EIR for Eastlake Greens SPA and the Final Subsequent Environmental Impact Report for Eastlake Trails/Greens Replanning Program EIR Page No. 12 i>u Potentially Poteatially Significant Less than SigDiflalDt Unless Signlfica No Impact Mitigated nt Impact Impact # 97-04. Appropriate mitigation has been adopted to address potentially significant impacts from the overall project The proposed tentative subdivision map does not propose any new additional development not previously analyzed. o o o ŒI XI. Thresholds. Will the proposal adversely impact the City's Threshold Standards? As described below, the proposed project does not adversely impact any of the seen Thresho]d Standards. a) Fire/EMS o ŒI o o The Threshold Standards requires that fire and medical units must be able to respond to calls within 7 minutes or less in 85% of the cases and within 5 minutes or less in 75% of the cases. The City of Chula Vista Fire Department indicates that this threshold standard will be met. The proposed project will comply with this Thresho]d Standard through compliance with the Fire Station Master Plan. Comments: The Fire Department states that the nearest fire station is located 5 miles away and the estimated response time is four minutes. The fire department will be able to provide an adequate level of fire protection for the proposed development. The previously adopted Master EIR for Eastlake EIR-81-03, the 1989 Final ErR for Eastlake Greens SPA and the Final Subsequent Environmental Impact Report for Eastlake Trai]s/Greens Rep]anning Program ErR # 97-04 adequately addressed this issue. b) Police o ŒI o o The Threshold Standards require that police units must respond to 84% of Priority I calls within 7 minutes or less and maintain an average response time to all Priority ] calls of 4.5 minutes or less. Police units must respond to 62.10% of Priority 2 calls within 7 minutes or less and maintain an average response time to all Priority 2 calls of 7 minutes or less. The Police Department response time for both Priority 1 and Priority 2 calls within the vicinity of the proposed project are slightly above these Thresho]d Standards. Comments: This issue was adequately addressed in the previously adopted Master ErR for Eastlake ErR-81-03, the 1989 Final EIR for Eastlake Greens SPA and the Final Subsequent Environmental Impact Report for Eastlake Trails/Greens Rep]anning Program ErR # 97-04. The police Department indicates that adequate service will be provided to the project site and future development. Associated mitigation shall be provided incrementally and simultaneously in order Page No. 13 d...~ Poteøtiall)' Sigalfic:nt Impact Potentially Significant Unless Mitigated Less th8n SigDific:a Dtlmpact No Impact that the proposed development can proceed forward. c) Traffic o Œl o o The Thresho]d Standards require that all intersections must operate at a Level of Service (LOS) "C" or better, with the exception that Level of Service (LOS) "D" may occur during the peak two hours of the day at signalized intersections. Intersections west ofI,805 are not to operate at a LOS below their] 987 LOS. No intersection may reach LOS "E" or "F" during the average weekday peak hour. Intersections of arterials with freeway ramps are exempted from this Standard. This Threshold Standard will be complied with by the proposed project as each phase progresses and implementation of area wide major road improvements occur. Comments: No new adverse impacts to traffic/circulation directly attributable to the project are noted from the submittal of the tentative subdivision map. The engineering Division shall be evaluating the perfonnance of the surrounding major roadways to detennine the appropriate and timely implementation of mitigation dealing with roadway improvements and completion. dO ParksIRecreation o Œl o o The Threshold Standard for Parks and Recreation is 3 acresll,OOO population. The overall residential project will comply with this Threshold Standard. Comments: The park and community purpose issues were adequately addressed in Master ErR for Eastlake EIR-81-OJ, the 1989 Final ErR for Eastlake Greens SPA and the Final Subsequent Environmental Impact Report for Eastlake Trails/Greens Replanning Program EIR #97-04. The proposed project will be providing both private and public parkland in compliance with stated mitigation. o Œl D D eO Drainage The Threshold Standards require that stonn water flows and volumes not exceed City Engineering Standards. Individual projects will provide necessary improvements consistent with the Drainage Master P]an(s) and City Engineering Standards. The proposed project will comply with this Thresho]d Standard. Comments: The Engineering Department indicates that the project site is not within a flood plain. The developer proposes stonn drains that will flow towards Salt Creek. These issues were adequately addressed in Master EIR for Eastlake EIR,81,03, the ] 989 Final ErR for Eastlake Page No. 14 3ö Potentially Poteatially Si¡:olßcaot Less tbao Significant Uoless SignUica No Impact Mitigated at Impact Impact Greens SPA and the Final Subsequent Environmental Impact Report for Eastlake Trai]s/Greens Rep]anning Program EIR # 97-04. The proposed project will not change the overall drainage 'concept and specific development will be subject to review and approval by the City Engineer. ill Sewer o o ŒI o The Thresho]d Standards require that sewage flows and volumes not exceed City Engineering Standards. Individual projects will provide necessary improvements consistent with Sewer Master Planes) and City Engineering Standards. Comments: The Engineering Division indicates that the proposed project will not have a significant effect on sewers. The project will connect to the existing sewer main in Hunte Parkway. The Engineering Division indicates that these will adequately serve the proposed project. The proposed project does not propose changes that would cause new impacts to the Sewer Master Plan nor Engineering Standards. gO Water o o ŒI o The Threshold Standards require that adequate storage, treatment, and transmission facilities are constructed concurrently with planned growth and that water quality standards are not jeopardized during growth and construction. The proposed project will comply with this Threshold Standard. Applicants may also be required to participate in whatever water conservation or fee off,set program the City of Chula Vista has in effect at the time of building permit issuance. Comments: This issue was adequately addressed in Master EIR for Eastlake EIR,81-03, the 1989 Final EIR for Eastlake Greens SPA and the Final Subsequent Environmental Impact Report for Eastlake Trails/Greens Replanning Program EIR # 97-04. No new impacts, not previously analyzed, to water resources are noted fÌ'om the proposed tentative map. XII UTILITIES AND SERVICE SYSTEMS. Would the proposal result in a needfor new systems, or substantial alterations to the following utilities: aO Power or natural gas? bO Communications systems? 0 0 ŒI 0 0 0 ŒI 0 Page No. 15 31 .. ""'--'---.'. .."..-.....----..-.---.-----.--. Potentially Poteatially Sigalfiaat Less than Signilkant Unless Significa No Impact Mitigated ot Impact Impact cO Local or regional water treatment or 0 0 Œ] 0 distribution facilities? dO Sewer or septic tanks? 0 0 0 Œ] eO Storm water drainage? 0 0 Œ] 0 ill Solid waste disposal? 0 0 Œ] 0 Comments: These issues were adequately addressed in Master EIR for Eastlake EIR-81-03, the 1989 Final EIR for Eastlake Greens SPA and the Final Subsequent Environmental Impact Report for Eastlake Trails/Greens Replanning Program EIR # 97-04. No further mitigation will be required. XIII AESTHETICS. Would the proposal: aO Obstruct any scenic vista or view open to 0 0 Œ] 0 the public or will the proposal result in the creation of an aesthetically offensive site open to public view? bO Cause the destruction or modification of a 0 0 0 Œ] scenic route? cO Have a demonstrable negative aesthetic 0 0 Œ] 0 effect? dO Create added light or glare sources that 0 0 0 ŒI could increase the level of sky glow in an area or cause this project to fail to comply with Section 19.66.]00 of the Chula Vista Municipal Code, Title 19? eO Reduce an additional amount of spill light? 0 0 0 Œ] Comments: These issues were adequately addressed in Master EIR for Eastlake EIR-81-03, the 1989 Final EIR for Eastlake Greens SPA and the Final Subsequent Environmenta] Impact Report for Eastlake Trai]s/Greens Rep]anning Program EIR # 97-04. XIV CULTURAL RESOURCES. Would the proposal: Page No. 16 3t. .. .,---~---- Potentially Poteatially Signifiant Less than Siplficnt Unless Significa No Impact Mitigated otImpact Impact aO Will the proposal result in the alteration of 0 0 0 ŒJ or the destruction or a prehistoric or historic archaeological site? bO Will the proposal result in ~dverse physical 0 0 0 ŒJ or aesthetic effects to a prehistoric or historic building, structure or object? cO Does the proposal have the potential to 0 0 0 ŒJ cause a physical change which would affect unique ethnic cultural values? dO Will the proposal restrict existing religious 0 0 0 ŒJ or sacred uses within the potential impact area? eO Is the area identified on the City's General 0 0 ŒJ 0 Plan EIR as an area of high potential for archeological resources? Comments: These issues were adequately addressed in Master EIR for Eastlake EIR,81-03, the 1989 Final EIR for Eastlake Greens SPA and the Final Subsequent Environmental Impact Report for Eastlake Trai]s/Greens Rep]anning Program EIR # 97-04. xv PALEONTOLOGICAL RESOURCES. Will the proposal result in the alteration of or the destruction of paleontological resources? o ŒJ o o Comments: This issue was adequately addressed in Master EIR for Eastlake EIR-8] ,03, the 1989 Final EIR for Eastlake Greens SPA and the Final Subsequent Environmental Impact Report for Eastlake Trai]s/Greens Replanning Program EIR # 97,04. XVI RECREATION. Would the proposal: aO Increase the demand for neighborhood or regional parks or other recreational facilities? o ŒJ o o bO Affect existing recreational opportunities? c) Interfere with recreation parks & recreation plans or programs? o o ŒJ o o o o ŒJ Page No. 17 33 Potentially Potentially SigDißcaDt Less than S¡gDiliCIIDf Unltss Slgnitica No Impact Mitigated nt Impact Impact Comments: The park and community purpose issues were adequately addressed in Master EIR for Eastlake EIR-81-03, the 1989 Final EIR for Eastlake Greens SPA and the Final Subsequent Environmental Impact Report for Eastiake Trails/Greens Replanning Program EIR # 97-04. No further or additional impacts to parks and recreational opportunities are noted from project approval. No further mitigation will be required. XVII MANDATORY FINDINGS OF SIGNIFICANCE: See Negative Declaration for mandatory findings of significance. If an EIR is needed, this section should be completed aO Does the project have the potential to degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self-sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods or Califomia history or prehistory? Comments: Because of the highly disturbed nature of the site and the analysis and mitigation provided in Master EIR for Eastiake EIR-8]-03, the 1989 Final EIR for Eastlake Greens SPA and the Final Subsequent Environmental Impact Report for Eastiake Trails/Greens Rep]anning Program EIR # 97-04 which will be implernented, none of these potential impacts would result. bO Does the project have the potential to achieve short,term, to the disadvantage of long-term, environmental goals? Comments: The project conforms to all long-term goals/plans for this area and therefore will not achieve short-term goals to the disadvantage oflong-term goals. cO Does the project have impacts that are 0 individually limited, but cumulatively considerable? ("Cumulatively considerable" means that the incremental effects of a project are considerable when viewed in connection with the effects of past projects, the effects of 3'1' -- - ",,'_.~..,-,. .' ._-~._--_._- o o ŒJ o o o o ŒJ o ŒJ o Page No. 18 PoteDtially SigDificaDt Impact Potentially SignJOcaDt v..... Mitigated Less tbaD SigDiOca Dtlmpact No Impact other current projects, and the effects of probable future projects.) Comments: Cumulative impact analysis of the overall project was evaluated in Master EIR for Eastlake EIR-81-03, the 1989 Final EIR for Eastlake Greens SPA and the Final Subsequent Environmental Impact Report for East]ake Trai]s/Greens Replanning Program EIR # 97-04. The proposed project would not result in incremental effects not previously analyzed. dO Does the project have environmental effect 0 which will cause substantial adverse effects on human beings, either directly or indirectly? o o ŒJ Comments: This issue in was adequately addressed in Master EIR for Eastlake EIR,81-03, the 1989 Final EIR for Eastlake Greens SPA and the Final Subsequent Environmental Impact Report for Eastlake Trails/Greens Replanning Program EIR # 97,04. XIX. PROJECT REVISIONS OR MITIGATION MEASURES: No new mitigation will be required for the proposed project other than previously required and found in the aforementioned environmental documents. Project Proponent Date xx. ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED: Page No. 19 3S- The above completed Initial Study checklist DID NOT find any environmental factors enumerated below that would be potentially affected by this project, nor an impact that could be considered "Potentially Significant Impact" or "Potentially Significant Unless Mitigated". Land Use and Planning Transportation/Circulation Public Services Population and Housing Bio]ogical Resources Utilities and Service Systems Geophysical Energy and Mineral Resources Aesthetics Water Hazards Cultural Resources Air Quality Noise Recreation Mandatory Findings of Significance XXI. DETERMINATION: On the basis of this initial evaluation: I fmd that the proposed project COULD NOT have a significant effect on the environment, and a NEGATIVE DECLARATION will be prepared. I find that although the proposed project could have a significant effect on the environment, there wi1l not be a significant effect in this case because the mitigation measures described on an attached sheet have been added to the project. A MITIGATED NEGATIVE DECLARATION will be prepared. I find that the proposed project MAY have a significant effect on the environment, Page No. 20 3(, and an ENVIRONMENTAL IMPACT REPORT is required. I fmd that the proposed project MAY have a significant effect(s) on the environment, but at least one effect: I) has been adequately analyzed in an earlier document pursuant to app]icable legal standards, and 2) has been addressed by mitigation measures based on the earlier analysis as described on attached sheets, if the effect is a "potentially significant impacts" or "potentially significant unless mitigated." An ENVIRONMENTAL IMPACT REPORT is required, but it must analyze only the effects that remain to be addressed. I find that the proposed project WILL NOT have a significant effect on the environment, and that the project site and surrounding area (a) have been analyzed adequately in an earlier EIR pursuant to applicable standards and (b) overall potential impacts have been avoided or mitigated pursuant to that earlier EIR, including revisions or provision of mitigation measures that are imposed upon the proposed project as applicable. An addendum has been prepared to provide a record of this determination, ~~j q(;PtfAJL~ Enviro ental Review Co tor City of Chula Vista January 27.1999 Date ~ì ··____._.·.·_..'.._____m_.___. ŒJ Page No. 21 A'TTACH. 7 AGREEMENT FOR INDEMNIFICATION AND COVENANTS FOR ACTIONS TAKEN BY CITY RELATED TO EASTLAKE TRAILS THIS AGREEMENT, made April , 1999, for the purpose of reference only and effective as of the date last executed by the parties, is made between THE CITY OF CHULA VISTA, a Chartered municipal corporation of the State of California ("City"), and The EastLake Company, LLC, a California Limited Liability Corporation, ("EastLake") and is made with reference with the following facts: WHEREAS, on November 24, 1998, the City approved an application submitted by EastLake for an amended general development plan for the area commonly known as EastLake II; and WHEREAS, EastLake has current applications with the City of Chula Vista for various approvals ("Current Applications for Discretionary Approvals") related to Eastlake Trails, including but not limited to certification of an Addendum to Final EIR 97-04 and approval of the Tentative Subdivision Map for Eastlake Trails, Chula Vista Tract 99-03; and WHEREAS, the City is in the process of considering the approval of the Current Applications for Discretionary Approvals; and WHEREAS, Final EIR 97-04 did not consider Eastlake's proposed tract map as a discretionary approval; and WHEREAS, to address the lack of such consideration, the City proposes and Eastlake agrees that an Addendum to EIR 97-04 is the proper environmental document to address the proposed tract map; and WHEREAS, EastLake wishes to proceed with its proposed tract map without the preparation of a subsequent or supplemental EIR; and WHEREAS, it is in the public's interest for City to require EastLake to indemnify the city against the adverse risks and costs of a challenge to City's actions in preparing and approving an addendum to EIR 97-04 and approving the Tentative Subdivision Map for EastLake Trails, Chula Vista Tract 99-03 and related discretionary approvals, if any; and WHEREAS, it is in the public's best interest for City to require EastLake to indemnify, defend, consent to City's actions, terms and conditions for all Current Applications for Discretionary Approvals, including an Addendum to EIR 97-04, waive any claims against the City, and covenant not to sue the City; and 1 58' --~-----'----~--_._---,--,--,..,......_._._--- NOW, THEREFORE, the parties hereto do hereby agree as follows: I. Warranties and Representations. EastLake warrants and represents that it has the financial strength and solvency to respond monetarily to the obligations herein assumed by it. II. Third Party Claims. A. Indemnity. EastLake hereby agrees to indemnify and hold the City, and each of its officers (including elected officials), employees and agents ("Indemnitee") harmless from and against any and all claims, suits, actions, or other proceedings to which the Indemnitees are exposed ("Proceedings") and from and against any and all losses, expenses, expenditures, costs, judgments, decrees, and orders (including orders for the payment of attorney's fees and costs) to which the Indemnitees are exposed or which the Indemnitees have incurred ("Losses") relating to, caused by, or resulting from the Indemnitee's preparations, review, approval or implementation of each and all of the Current Applications for Discretionary Approvals ("Indemnitee's Actions"), including, but not limited to, (1) any and all Proceedings to attack, set aside, void or annul any of the decisions or determinations that the Indemnitees make in connection with the approval of the EastLake Trails Project, including but not limited to, certification of an Addendum to Environmental Impact Report 97, 04, and the making of findings, approval of any mitigation measures, approval of a mitigation monitoring and reporting program; (2 ) any and all Indemnitee's incidences of or inversely; Proceedings contending that the Actions constitute one or more exercise of eminent domain, directly (3) any and all Proceedings contending that the Indemnitee's Actions are invalid as not roughly proportional to the impact of the development; and (4) any and all Proceedings asserting any other theory contesting or challenging the lawfulness or legality of the Indemnitee's Actions. B. Attorney's Fees and Costs. The Indemnity herein contained includes (without limitations), as a covered Loss, any and all attorney's fees and costs incurred 2 39 --""---~_..__._---~-".~.". -~.,"-_. by an Indemnitee. In addition, thereto, EastLake further promises to pay all of Indemnitee's attorney fees, expert witness fees, and other costs incurred by an Indemnitee in connection with defending any Proceeding which is covered by the Indemnity herein contained, or which if the outcome of the Proceeding would produce a Loss to an Indemnitee, the Loss would be covered by the Indemnity herein contained, and to reimburse an Indemnitee for any court costs, attorney's fees, awards and other litigation expenses which it may be required to pay because of such decisions or determinations. C. Indemnitee's Option to Tender Defense. At the option of each Indemnitee, an Indemnitee may tender the defense of any covered Proceeding to EastLake, and upon doing so, EastLake agrees to defend at its sole cost and expense, any such covered Proceeding. Any Indemnitees exercising such option to tender a defense shall reasonably cooperate in the defense of such action, which duty to cooperate shall be subject to and limited by the following terms: a. Such Indemnitee shall promptly notify EastLake of any claims or actions of which it becomes aware. Failure to do so shall not nullify the duties herein contained to indemnify or defend Indemnitee. b. City shall reasonably cooperate with EastLake on the selection of special outside Counsel, but City shall have the final choice. c. City shall use good faith to keep litigation expenses reasonable. D. Settlement Discussions. Any party shall have the right to initiate negotiations with a claimant in a covered Proceeding to end litigation by settlement. Each party has the duty to notify the other parties of settlement negotiations, at the earliest possible stage, if the subject of such negotiation involves a change in the scope, content or conditions relating to EastLake Trails or contained in the Addendum to EIR 97-04, Findings of Fact, or mitigation measures, unless such party believes in good faith that to do so may jeopardize the chances of achieving settlement, but if such notice is not given at the commencement of settlement negotiations, as soon thereafter as disclosure becomes feasible without risk of jeopardizing settlement discussions. 3 Vb E. Reservation of Governance Discretions. The City shall retain sole authority to grant other or different discretionary approvals made in connection with EastLake Trails, or reach different findings, or otherwise exercise its discretion. City, at EastLake' s sole cost and expense, shall consider any changes to its discretionary approvals of the Project requested by EastLake, or any other changes the City reasonably deems appropriate or necessary to implement the terms and conditions of a settlement reached between a third party claimant and EastLake. Nothing herein shall obligate the City to grant such change requests, a matter which is solely reserved to city's discretion. F. Binding on Successors. All the provisions and obligations of this Agreement are binding on EastLake, and its successors in interest. The parties contemplate that this instrument may, at the discretion of any party, be recorded in the office of the County Recorder for the County of San Diego with EastLake recognized as a Grantor. III. EastLake Claims A. Warranties and Representations. EastLake warrants and represents that it is aware of, and familiar with, all of the terms and conditions the City proposes to impose on the Current Applications for Discretionary Approvals or will become aware of and familiar with all new or amended such terms and conditions ("Terms and Conditions"). B. Consent, Waiver, Covenant Not to Sue and Agreement to Implement Terms and Conditions. EastLake consents to all such Terms and Conditions currently proposed in written format and, unless unequivocal written objection is delivered to the City Council at or prior to the time the City Council grants all or any part of the Current Application for Discretionary Approvals, Eastlake consents and shall be deemed to have consented to all such new or amended Terms and Conditions. EastLake further waives claims, actions and rights to attack, set aside, void or annul any of the decisions, actions, determinations or Terms and Conditions the City has made in connection with the approval of the EastLake Trails Project, including but not limited to circulation and certifications of the Addendum to Environmental Impact Report 97-04, the making of findings, approval of mitigation measures, and approval of any overriding considerations. This waiver of claims applies to any and all of said Terms and Conditions as they may appear in the final form of Such Discretionary Approvals unless, as provided, unequivocal written objection has been provided to the City Council prior to the 4 1/1 ~~--- .._--,_._,."--~- approval thereof. EastLake furthermore covenants not to sue or seek relief by writ or other special proceedings with regard to any or all of said Terms and Conditions. EastLake furthermore covenants to implement all Terms and Conditions according to the requirements therein stated. IV. EastLake Processing Accounts Outstanding. EastLake promises, that if the applicant therefore has not done so earlier, to pay to City all costs City has incurred for processing the Current Application for Discretionary Approvals prior to the City's approval thereof, and as one of its several remedies for a breach hereon, City may, but shall not be required to, withhold approvals of the Current Application for Discretionary Approvals. V. EastLake's Duties Run with the Land. The parties agree that any and all duties and covenants of EastLake herein contained are binding on its heirs, successors and assigns. The parties further agree that the covenant not to sue and agreement to implement the Terms and Conditions touches and concerns the land within the territory of EastLake and are for the specific benefit of the City. The parties agree that such covenant not to sue and agreement to implement the Terms and Conditions runs with the land. VI. City Consideration. A. City agrees to process and continue to process, at the sole cost and expense of the applicants therefore, the Current Applications for Discretionary Approvals. B. Nothing herein shall obligate City to approve the Current Applications for Discretionary Approvals. VII. Miscellaneous. A. EastLake understands and agrees that should any action be taken to enjoin the approval of the EastLake Trails Project, and at any time prior to the vesting of rights in such approvals either by the substantial expenditure of funds as defined by the law of the State of California, or by a Development Agreement between the parties specifically reciting the fact and extent of vesting, the City shall have the right to revoke, modify or suspend without cost or expense to the City, the approvals granted, including any ~ubsequent approvals that are derived from the approvals herein, but the Indemnity and Covenants herein granted shall no longer apply to the extent there is a substantial deviation from the approval herein granted. 5 «(2.. B. In the event it becomes necessary for any party to institute litigation to enforce any of the provisions of this Agreement, the prevailing party shall be entitled to reasonable attorney's fees and costs in such amount as may be ordered by the court. For purposes of this Agreement, "prevailing party" means the party who is awarded substantially the relief sought. (NEXT PAGE IS SIGNATURE PAGE) 6 ¥3 SIGNATURE PAGE TO AGREEMENT FOR INDEMNIFICATION AND COVENANTS FOR ACTIONS TAKEN BY CITY RELATED TO EASTLAKE 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 THE EASTLAKE COMPANY, LLC, a California Limited Liability company By: k~ President Mayor ATTEST: City Clerk A. vi By: ~, Approved as to form by City Attorney (Above Signatures Shall be Notarized) H:\Home\Attorney\Agree\Indemnif.EL 7 'f<¡. CALIFORNIA ALL.PURPOSE ACKNOWLEDGMENT No. 5907 State of ~ County of A,;vn. Ò¡ efJ On E±:rM ¡q, \C\44 before me, Lf;<1W;UNuC,~, V1O~ /J....hh£.. DATE NAME, TITLE OF 0 CER - E.G., -JANE ,!40TAAY PUBLIC· personally appeared wi1.L.CVM. /: ()o+/I£AIA. ~ 7'(-,~ mcx~ , . / NAME(S) OF 51 ER(S) Œ'personally known to me . OR - 0 pmved to mo OR tlìe basis of satiofaotery evidence to be the person(s} whose name(s} ~/are subscribed to the within instrument and ac' knowledged to me that ho.'she/they executed the same in ./:lis/Mer/their authorized capacity(ies), and that by t.H-s/l,e,/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I@ SILVANAC.BRAZELl f Ü I ..£OMM. #1169721 0 II> ....'MYPU8I~'oIJFORNIA In U MN DIEGO COUNTY 0 , Commluion Ex"'... - J .. ~BRUARY 12, 2002 ( WITNESS my hand and official seal. :4/L)(ZM4) G, (2,y.~ SIGNATURE OF ARY 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 o INDIVIDUAL o CORPORATE OFFICER DESCRIPTION OF ATTACHED DOCUMENT TlTLE(S) ~~'t (è¿ ::Z:11C!~I~rc¿:t.-i1CJ..v TITLE OR TYPE OF DOCU NT o PARTNER(S) o liMITED o GENERAL NUMBER OF PAGES o ATTORNEY·IN,FACT o TRUSTEE(S) o GUARDIAN/CONSERVATOR o OTHER: DATE OF DOCUMENT SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTI1Y(IES) SIGNER(s) OTHER THAN NAMED ABOVE ©1993 NATIONAL NOTARY ASSOCIATION· 8236 Remmet Ave., P.O. Box 7184. Canoga Park, CA 91309-7184 '-I-~ ~ TI-lE C. : OF CHULA V]STA DISCLOSURE 51 EMEJo.'T4 rT;4c..H. <is You are required 10 file a Statement of Disclosure of certain owne~hip or financial interests, payments, or campaign contrihutions, on all mailers which will require discretionary action on the pari of the City Council, Planning Commission, and all other official bodies. The following information must be disclosed: 1. List the names of all persons having a financial interest in the property which is the subject of tbe application or the contract, e.g., owner, applicant, contractor, subcontractor, material supplier. The EastLake Co., LLC 2. If any person" identified pursuant to (I) above is a corporation or partnership, list the names of all individuals Dwning mDre than 10% Df the shares in the cDrporation or owning any partnership interest in the partnership. 3. If any person" identified pursuant tD (1) above is nDn'profit organization or a trust, list the names of any persDn serving as director Df the nDn,profit organization or as trustee Dr beneficiary or trustor Df the trust. 4. Have YDU had mDre than $250 worth of business transacted with any meXer of thc City staff, Boards, CommissiDns, Committees, and Council within the past twelve mDnths? Yes_ ND If yes. please indicate person(s): 5. Please identify each and every person, including any agents, emplDYees, consultants, Dr independent contracto~ WhD you have assigned to represent you before the City in this matter. P&D/CTE Enqineers 6. Have you and/Dr your officers or agents, in the aggregate, contributed mDre than $1,000 tD a Councilmember in the current or preceding election period? Yes_ NDX If yes. state which Councilmember(s): Date, S {",", /'16 . . . (NO'"'" An.", ..",,"" ,... ~# tgnat e Df contractor/applicant 'It:, Print or type name of contractor/applicant Bruce N. Sloan, The EastLake Co.. LLC .. Paso" is defined as: "An)' ÍJuiÙ>irrual, finn, co-pamu::rs}llp. jaml w:murc. as.mejatiat:. social club, frolmw.l orgaJuz.o.Úofl" corporlJlÌOIJ., estalt:, U'US!, ,",cávC', syndicate, this and any other COUllty, city aile coum')', city muniCipality, disuicl, or other polilicaJ subdi,·i.siol1, or allY OUII:r ¡;roup or combu JJIiorl Dcling as Q wli£." COUNCIL AGENDA STATEMENT Item: II Meeting Date: 05/04/99 ITEM TITLE: Public Hearing: PCS-96-04A: Tentative Subdivision Map revision subdividing Phase Seven (Purple Phase) in Village One of Otay Ranch, Sectional Planning Area (SPA One) into 447 lots. - Applicant: The Otay Ranch Company. Resolution J?J/'Iiof the City Council of the City of Chu]a Vista approving a Tentative Subdivision Map revision for Phase Seven (Purple Phase) in Village One of the Otay Ranch Specific Planning Area One Plan, Chu]a Vista Tract 96,04A. SUBMITTED BY: Director ofP]anning and Br\n; f' REVIEWED BY: City Mana~ ~ ~J (4/5ths Vote: Yes_ NOÀJ The Otay Ranch Company is proposing to re~e a portion of tentative subdivision map (C.V.T. 96, 04) in Otay Ranch SPA One to implement the recent amendment to the Village One Core area, Phase Seven (Purp]e Phase). The proposed application subdivides 153.7 acres ofland into a total of 447 lots utilized for a mixed use development including single, family, multi-family, commercial, community purpose facility, park land and open space land uses. The proposed Tentative Subdivision Map implements the recently approved Otay Ranch GDP/SRP and SPA One amendments for Village One, Phase Seven (Purple Phase). In the near future, the applicant proposes to amend the Otay Ranch Phase Two Resource Management Plan. The Environmenta] Review Coordinator has reviewed the Project and detennined that it is in substantial confonnance with the Otay Ranch GDP Program EIR,90,Ol, SPA Plan, EIR,95,OI, Subsequent EIR,97,03 and other related environmental documents, and that the subdivision project would not result in any new environmental effects that were not previously identified, nor would the proposed subdivision result in a substantial increase in severity in any environmental impacts previously identified. RECOMMENDATION: That the City Council adopt the attached resolution approving Tentative Subdivision Map (PCS,96, 04A). BOARDS/COMMISSIONS RECOMMENDATION: The Planning Commission held a Public Hearing on April 14, 1999 and voted 7,0 to recommend approval of the Phase Seven Tentative Subdivision Map, and the amendment to the Otay Ranch Phase Two Resource Management Plan. /J~J Page 2. Item Meeting Date: 05/04/99 DISCUSSION: 1. Site Characteristics The site is located in Phase Seven (purp]e Phase) of Village One south of East Palomar Street, west of Santa A]icia Avenue, east of Paseo Ranchero and north of Poggi Canyon (future extension of Olympic Parkway). This area of Village One is still characterized by rolling hills with scenic canyons and undulating edge conditions. 2. Genera] Plan. Zoning and Land Use General Plan The General Plan designations for Phase Seven in the Village One Core are Village Core (VC) and Low Medium Village (LMV) and Parks and Recreation. The Otay Ranch GDP for Village One designates the core area as Mixed Use (MU) with surrounding Medium High density (18 DUs/acre). The MU designation contains the commercial, community purpose facility, park and elementary school uses. The remaining portion of Village One to the north is designated in the General Plan as LMV. Village Five of the Otay Ranch is located to the east and has similar Genera] Plan and GDP designations as Village One. Village Two is located to the south and has similar designations except that Village Two is not a transit village, so the maximum multi, family density is 14.5 DUs/acre. Village One "West" has a LM designation. Zoning The Otay Ranch, within the City, is zoned Planned Community (PC). Land development regulations are contained in the Planned Community District Regulations within each master planned community SPA plan. The zoning for Phase Seven is addressed in the Otay Ranch SPA One Planned Community District Regulations. In Phase Seven, Neighborhood R,l5 is zoned Residential Multi,Fami]y Two (RM2), and contains a Community Purpose Facility (CPF) zone within the neighborhood of which the exact location will be identified at the time of Site Plan submittal for R, 15. Neighborhood R,16 is zoned RMl. Neighborhoods R,17, R,18 and R,48 are zoned Single, Family Four (SF4). Neighborhood R,l9 is zoned RM2. The Village One Core area is zoned Commercia] (C) and contains a Community Purpose Facility (CPF) zone within the core site of which the exact location will be identified at the time of Site Plan submittal for C,l. Neighborhood R,47 within the core is zoned RM2. / j, c2 Page 3, Item Meeting Date: 05/04/99 Current Land Use The Phase Seven (Purple Phase) area of Village One is currently vacant and undeveloped south of East Palomar Street, although there is some storage of construction equipment on this portion of the village. To the north, the remaining portion of Village One is currently under construction and will soon have its first occupants in residential neighborhoods north of Heritage Park. Village One "West" is currently vacant and unimproved and has seen recent cattle grazing. Village Two to the south is still used for agricultural purposes. 3. Provosal The SPA One Plan (approved in June of 1996) allocated all of the GDP required ],566 multi,fami]y units in the Village One Core, a portion of Phase Seven. This number ofmulti,fami]y units was based on the Medium High designation in the GDP designation of 18 dwelling units per acre. The GDP was recently amended to allow flexibility in the number of multi, family units provided that sufficient multi, family densities were approved to support the light rail transit line on East Palomar Street. The recent SPA One amendment approved 1,512 dwelling units, however, the proposed tentative map utilizes 1,202 units. The Phase Seven tentative map revision (C.v.T. 96,04A) subdivides approximately 153.7 acres into a total of 4471ots; 383 single, family lots, 10 multi-family lots, 46 homeowner's maintenance lots, one private park, one commercial lot, two community purpose facility lots and four open space lots. The recently approved SPA One Plan amendment authorized minor land use changes and a redesign of Phase Seven (Purple Phase) and added Village One "West" to the SPA Plan. The SPA One PIan amendments reflect the Otay Ranch GDP amendments adopted by the City Council on November 10,1998. Phase Seven (Purp]e Phase) is also modified fTom the originally approved tentative map to reflect the MSCP agreement between the applicant and the resource agencies. The revised tentative map includes an expanded development area to the south toward Poggi Canyon and redesigns residential neighborhoods surrounding the Village One Core. The applicant is also required to secure the approval of an amendment to the Otay Ranch Phase Two Resource Management Plan by the City Council prior to the issuance of any grading permits for Phase Seven. This requirement has been addressed in the conditions of appro va] for Phase Seven (see Exhibit "B") The Village Core "Main Street" theme is now implemented along East Palomar Street with diagonal parking fTonting the commercial/mixed use area across fTom the Il,acre Heritage Park. The Village One Core proposes seven lots. These lots may be phased at the time of Site Plan review and are subdivided to avoid the submittal of a Tentative Parcel Map. This area proposes to utilize first floor commercia] development rronting East Palomar Street with residential units occupying upper floors, as well as integrating a community purpose facility within the core development. Access to the core will be provided fTom East Palomar Street, Santa Rita, Santa Andrea, and potentially through an //- 3 Page 4, Item Meeting Date, 05/04/99 alley street on the south side of the village core. The south side of the core will utilize additional multi-family residential uses as part of Neighborhood R,47. The tentative map also maintains two multi,fami]y residential developments located to the east and west of the Village One Core. Neighborhood R,19 is proposed to be subdivided into five lots, and will be located to the west of the Village One Core. These lots may be phased at the time of Site Plan review, and are subdivided to avoid additional approval of a Tentative Parcel Map. This neighborhood is proposed to have access at two locations on Santa Rita. Neighborhood R,IS is located to the east of the core and proposes six (6) lots, These lots may also be phased at the time of Site Plan review and are subdivided to avoid additional approval of a Tentative Parcel Map. Access to this neighborhood is provided from Santa Andrea and from the future extension of Fie]dbrook Street that will connect to Santa Alicia Drive to the east. In addition, a pedestrian paseo is proposed to be located on the south side of this neighborhood adjacent to Poggi Canyon. A]ternative pedestrian access will also be provided from Fieldbrook Street to Santa Andrea on the southwest portion of this neighborhood. Neighborhood R,IS also contains a Community Purpose Faci]ity (CPF) zone within the neighborhood of which the exact location will be identified at the time of Site PIan submittal for R,IS. The remaining neighborhoods are made up of three medium,density sing]e,family residential areas (R,17, R,18 and R,48). In addition, the second alley'product neighborhood (R,16) will be developed south of the Village One Core. Pedestrian and emergency access has been proposed for several locations in Phase Seven. Secondary vehicular access to the Village One Core will be provided on the south side of Phase Seven from Olympic Parkway and will be designed to accommodate ernergency vehicles. This access road is proposed to connect to Fieldbrook Street and will also serve as a connection to the Regional Trail located on the northern Poggi Canyon slope. In addition, this emergency access road will also connect to a secondary trail leading to Santa Andrea to the north and to the pedestrian paseo located in Neighborhood R,IS to the east. Neighborhood R,18 and Neighborhood R,48 propose emergency access to East Palomar Street from Fie]dbrook Street and Weaverville Street respectively. These access roads are proposed to provide emergency vehicles sufficient access to the cul,de,sacs in Neighborhoods R-18 and R,48. In addition, staff recommends the connection of Montera Street and Cameros Street at the northern ends of the cul,de,sacs and the utilization of the smaller "modified" cu],de,sac design. The length of these cu],de,sacs in their current design within the neighborhood, prevents sufficient emergency response for the Police and Fire Departments. This connection is recommended to satisfY the concerns of Police and Fire regarding the ability to provide sufficient response times, navigate the narrow residential streets ofthe Otay Ranch, provide fire suppression operations and access to both streets in either direction. //-1 Page 5, Item Meeting Date: 05/04/99 Pedestrian trail connections into the Regional Trail are proposed for two locations in Phase Seven. A trail connection is located at the end of Neighborhood R,17 on Mount MacClure Drive and meanders down the slope adjacent to Paseo Ranchero and will connect into the Regional Trail which has now been relocated to the north side of Poggi Canyon. A trail connection is also located at the south end of Santa Alicia on the southeast portion of Phase Seven. This trail connection will provide pedestrians an opportunity to access the Regional Trail from Neighborhoods R,14 and R,]5. A summary of the proposed tentative map subdivides the neighborhoods/sites as follows: Neighborhood Residential Minimum Lot Dwelling Density Lots Size/Area Units R,15/CPP,2 7 16.4 ac/4.5 ac 425 25.9 DUs/ac R,16 115 2,850 sq. ft. 115 7.9 DUs/ac R,17 98 4,250 sq. ft. 98 5.7 DUs/ac R,18 74 3,450 sq. ft. 74 7.2 DUs/ac R,19 5 6.8 acres 186 27.4 DUs/ac R,47/CPP,l/C,l 7 4.4 ac/I.5 ac/8.1 ac 208 47.2 DUs/ac R,48 96 4,250 sq. ft. 96 5.8 DUs/ac Neighborhood R,15/CPP,2 This neighborhood subdivides 16.4 acres into seven lots planned for a multi, family project of up to 408 dwelling units, as well as a 4.5,acre CPP site, most likely for a church. The floating designation allows for a combination church/affordable housing project If only a church is proposed, staffwou]d recommend it locate on the southeast corner of Santa Andrea and East Palomar Street Access to this neighborhood will be provided from three locations: off Santa Andrea to the west; from the future extension ofPieldbrook Street between Neighborhood R,16 and Neighborhood R-14; and from private access off Santa Alicia Drive. A pedestrian paseo designed with emergency access is currently proposed to extend along the south side of the neighborhood connecting Neighborhood R, 14 with the Village Core. There is also a trail connection to the Regional Trai] near the east end of the proposed paseo entrance. Neighborhood R,16 This neighborhood is proposed be subdivided into 115 single, family lots for an alley product with a minimum lot of2,850 square feet, at a density of7.9 dwelling units per acre. This neighborhood is located to the south of the village core and is considered as multi, family in SPA One similar to Neighborhood R,14. Access to this neighborhood will be provided from Pieldbrook Street that runs off Santa Rita. This neighborhood also proposes a network of small alley streets designed to accommodate rear entry to homes in the neighborhood. A portion ofthis neighborhood is directly adjacent to Park P,12. Severa] alley streets are proposed to connect to cu],de,sacs on the south end of the neighborhood adjacent to the top of the slope for Poggi Canyon. In addition, an alley street is proposed at the north end of the neighborhood and will serve to provide alternative access to Santa ,/ / /,. ..!7 Page 6, Item Meeting Date: 05/04/99 Rita. This street may also provide access to Neighborhood R,47 in the Village One Core. Neighborhood R-17 This neighborhood proposes to be subdivided into 98 sing]e,family lots with a minimum lot size of 4,250 square feet Neighborhood R,17 is located on the southwest portion of Phase Seven and proposes a larger development area as a result of the recent GDP/SRP and SPA One amendments. This neighborhood is located further from the Village Core and has access from Mount MacClure Drive and Santa Rita East A trail connection is proposed at the end of Mount MacC]ure Drive in this neighborhood providing pedestrian access to the Regional Trail. The current design of this neighborhood on the tentative map requires the applicant to relocate the City of San Diego Water Line (Otay Lakes Pipeline No.2). In the event the applicant does not relocate the waterline, the applicant is required to submit a revised tentative map for Neighborhood R-17. A condition of approval has been included in Exhibit B to satisfy the City. Neighborhood R,18 Neighborhood R,18 proposes 74 sing]e,family lots with a minimum lot size of 3,450 square feet at a density of 7.2 dwelling units per acre. The neighborhood is located on the northwest side of Phase Seven between Neighborhoods R,19 and R,48. Access to this neighborhood is provided rrom Fie]dbrook Street, Mount MacC]ure Drive and Montera Street Secondary emergency access to East Palomar Street is proposed at the north end of Fieldbrook Street Neighborhood R,19 This neighborhood remains as a multi-fami]y site and as a target site for the affordable housing location for Village One and Telegraph Canyon Estates. Neighborhood R,19 proposes to subdivide the development into five lots and utilize 186 dwelling units with a density of 27.4 units per acre. The density ofR-19, R,15 and R,47 supports the trolley station located adjacent to the Village One Core on East Palomar Street The project will be oriented toward East Palomar Street and Santa Rita and have access rrom Santa Rita on the north and south side ofthe attended entry. Neighborhood R,47/CPF,lIC,1 This neighborhood is the mixed,use center of the Village Core. The commercial uses will occupy one lot and total 8.1 acres. All of the commercia] uses will utilize ground floor rrontage along East Palomar Street to provide for the day,to,day needs of the village residents. A multi,story medica] office building with a first floor pharmacy is under consideration for the comer of East Palomar Street and Santa Andrea. This neighborhood also contains a Community Purpose Facility (CPF) site occupying 1.5 acres on one lot within the neighborhood of which the exact location will be identified at the time of Site Plan submittal for R ,15. A potential daycare center has been proposed for this site. Neighborhood R,47 is a multi, family development and will occupy a total of seven lots with 208 units on 4.4 acres. This neighborhood may be disbursed throughout the entire development and utilize second and third floor space, Access to the entire site can be made rrom East Palomar Street, Santa Rita, Santa Andrea, and potentially rrorn the alley street located directly south ofthe village core. II"'? Page 7. Item Meeting Date: 05/04/99 Neighborhood R,48 This single, family neighborhood proposes 96 residential lots with a minimum lot size of 4,250 square feet and a density of5.8 DDs/acre. The neighborhood is located at the western edge of Phase Seven and is outside the l/4-mile service radius of the transit station. Mount MacC]ure Drive, Cameros Street and Weaverville Street provide access to this neighborhood. ANALYSIS: The modifications to Phase Seven implement the amendments recently approved for the Otay Ranch SPA One Plan. The changes to Phase Seven (Purple Phase) include revisions to the original "Main Street" concept and the expansion of development areas allowed by the recent GDP/SRP and SPA One amendments. The approved amendment re,orients the "Main Street" theme and utilizes the commercia] uses along East Palomar Street ftontage providing diagonal parking on East Palomar Street with additional parking in the rear ofthe core. The commercial space is proposed to be a true mixed-use area with two to three stories of residential units located above the ground floor commercia] uses. The south side of East Palomar Street is designed with two travel lanes for vehicles so the diagonal parking will not create problems with traffic backing on East Palomar Street. MTDB staffbe]ieves there is sufficient density in R-47 to support the transit line. In addition, the applicant is now proposing additional units in R,15 and R,19 to exceed the threshold for transit,oriented development. The other major SPA One modification in Phase Seven (Purple Phase) was the expansion of the development area authorized by the recent GDP amendment that allowed the "taking" of the habitat along the north side of Poggi Canyon, The expansion of the development area allows for the provision ofsing]e,fami]y homes on the south side of the Village Core. The densities are stepped down ftom the core in accordance with GDP policies. The sing]e,family areas are outside the y., mile service radius for the transit station. In accordance with the SPA One conditions of approval, an additional area of alley product is proposed for R,] 6. The mu]ti,family neighborhoods in R,15, R,19 and R,47 on the tentative map will all have public street access. A guarded entrance is proposed on Santa Rita for the single, family neighborhoods south of the Village One Core in Phase Seven (Purp]e Phase) similar to the single-family neighborhoods on the north side of East Palomar Street. Additiona] internal access will be provided through R,15 to the guarded entrance on Santa Alicia in Neighborhood R,]4. Issues: Connection of Montera Street and Cameros Street cul,de,sacs The tentative map currently does not depict the recommended connection of Montera Street and //-- ? Page 8. Item Meeting Date: 05104/99 Cameros Street on the north ends of the two cul,de,sacs. Staff recommends connection of these streets based on concerns ftom Fire and Police relating to response times and operation of emergency vehicles. Both streets are cul,de,sacs and have only one point of access which delays response times for emergency vehicles. In their current design, these two streets prohibit multiple points of access and proper fire prevention operations. The street design complies with the City's policy that limits cul,de,sacs to 1,000 feet in length. However, because of the narrow streets allowed in the Otay Ranch, staff recommends to connect the two cul,de,sacs near the north end and to allow for a "modified cu],de,sac" design utilized on other cul-de-sacs in Village One. The City made a field trip to Village One ofthe Otay Ranch on February 17, 1999 and sent two of the City's largest fire trucks to navigate some of the residential streets. The "test" for the trucks included entering streets and utilizing paralle],parked vehicles on both sides of the streets. The fire trucks traveled between the parked vehicles and navigated a turn' around at the cul,de,sacs. The Fire Chief and Fire Marshal were satisfied with the "test" on the residential streets. A tentative map condition has been addressed to satisfy the recommendations of staff. The applicant has agreed to satisfy this condition. Relocation of Regional Trail in Phase Seven The location of the Regiona] Trail along Olympic Parkway has recently been revised as a result of implementing the Olympic Parkway Landscape Master Plan and maintaining consistency along the development of Olympic Parkway. Several issues regarding the relocation of the trail in Phase Seven have been resolved and relocates the trail in Phase Seven to the north side of Poggi Canyon. The current tentative map depicts the trail crossing Olympic Parkway rrom the north side to the south side at the drainage channel crossing and meandering west along the south side of Olympic Parkway toward Village One West. Tentative Map Conditions of Approval have addressed the requirements to relocate the Regional Trai] to the north side of Poggi Canyon consistent with the Olympic Parkway Landscape Master Plan, the City's General Plan ]andfonn grading policy and the GDP/SRP policies. CONCLUSION: Staffbe]ieves that Tentative Map C.V.T. 96,04A is consistent with the recently approved SPA One amendment for Phase Seven, and the Otay Ranch GDP policies and recommends approval of the tentative map subject to Conditions of Approval (see City Council resolution Exhibit "B"). FISCAL IMPACT: This project is included in the scope of the staffing agreement with The Otay Ranch Company. All costs are covered by the deposit account under the staffing agreement. //" g Attachments ] . Locator Map 2. Tentative Subdivision Map (C.V.T. 96-04A) 3. Disclosure Statement 4. Fire Department Memorandum C:\PLANNING\OT A YRNCH\TENT _ MAP\PH7 _ STFRP.doc //- ! { Page 9. Item Meeting Date: 05/04/99 RESOLUTION NO. ¡q4<+Q A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING A TENTATIVE SUBDIVISION MAP REVISION FOR PHASE SEVEN (PURPLE PHASE) IN VILLAGE ONE OF THE OTAY RANCH SPECIFIC PLANNING AREA ONE PLAN, CHULA VISTA TRACT 96- 04A, AND MAKING THE NECESSARY FINDINGS I. RECITALS 1. Project Site WHEREAS, the property which is the subject matter ofthis resolution is identified as Exhibit "A" attached hereto and described on Chula Vista Tract 96, 04A and is commonly known as Phase Seven (Purple Phase) ("Property"); and 2. Project; App]ication for Discretionary Approva] WHEREAS, The Otay Ranch Company ("Applicant") filed a duly verified application for the subdivision of the Property in the form of the tentative subdivision map known as "Revised Tentative Map, Chula Vista Tract 96,04A, Revisions to Village One, Phase Seven" ("Project"), with the Planning Department of the City ofChula Vista on November 16, 1998; and WHEREAS, the application requested the approval for the subdivision of approximately 153.7 acres located east of Pas eo Ranchero, north of the proposed extension of Olympic Parkway, south of East Palomar Street, and west of Santa A]icia Drive into three-hundred ninety,three (393) residential, forty-six (46) common, one (1) park, one (I) commercial, two community purpose facility, and four (4) open space lots for a total of 447 lots; and 3. Prior Discretionary Approva]s WHEREAS, the development of the Property has been the subject matter of the Otay Ranch Genera] Deve]opment Plan ("GDP") previously approved by the City Council on October 28, 1993 by Reso]ution No. 17298, and as amended on November 10,1998 by Reso]ution No. 19253 ("GDP Resolution") wherein the City Council, in the environmental evaluation of said GDP, relied in part on the Otay Ranch General Deve]opment Plan, Environmenta] Impact Report No. 90,01, SCH #9010154 ("Program EIR 90,01"); and WHEREAS, the development of the Property has been the subject matter of a Sectional Planning Area Plan ("SPA P]an") previously approved by the City Council on June 4, 1996 by Resolution No. 18286 ("SPA Plan Reso]ution") j/--/¿J wherein the City Council, in the environmental evaluation of said SPA One PIan, relied in part on the original Otay Ranch SPA One Plan Final Environmental Impact Report No. 95,01, SCH #94101046 ("FEIR 95-01"), and the subsequent Otay Ranch SPA One Plan Final Environmental Impact Report No, 97,03, SCH #97091079 ("FEIR 97,03"); and WHEREAS, the Applicant filed an amendment to the SPA One Plan, PCM 97- 11, consistent with the Project, and said amendment was adopted by the City Council on February ]6, 1999 by Reso]ution No. 19375; and WHEREAS, this Project is a subsequent activity in the program of development environmentally evaluated under Program EIR 90-01, FEIR 95-0], subsequent FEIR 97,03, that is virtually identical in all relevant respects, including lot size, lot numbers, lot configurations, transportation corridors, etc., to the project descriptions in said fonner environmental evaluations; and Environmenta] Review Coordinator Detennination WHEREAS, the City Environmental Review Coordinator has reviewed the Project and detennined that it is in substantia] confonnance with the SPA Plan and the related environmental documents and that the Project would not result in any new environmental effects that were not previously identified, nor would the proposed Project result in a substantia] increase in severity in any environmental effects previously identified; and Planning Commission Record on App]ication WHEREAS, the Planning Commission held an advertised public hearing on the Project on Apri] 14, 1999 at which time the Planning Commission voted to recommend that the City Council approve the Project in accordance with staffs recommendation and the findings and conditions listed below; and City Council Record on App]ication WHEREAS, the City Council set the time and place for a hearing on the Project and notice of said hearing, together with its purpose, was given by its publication in a newspaper of general circulation in the City at least ten days prior to the hearing; and WHEREAS, a hearing was held at the time and place as advertised on May 4, 1999 in the Council Chambers, 276 Fourth Avenue, before the City Council and said hearing was thereafter closed. NOW, THEREFORE, THE CITY COUNCIL finds, detennines, and resolves as follows: 11--/1 ~..-------_._.._.._.__.,.,..~'._-_...'-' -~"~-~---'-'-"-'--'-~- II. PLANNING COMMISSION RECORD The proceedings and all evidence introduced before the Planning Commission at their public hearing on this project held on April 14, 1999, and the minutes and resolution resulting therefrom, are hereby incorporated into the record of this proceeding. III. CERTIFICATION OF COMPLIANCE WITH CEQA The City Council hereby finds that the Project, as described and analyzed in the Program EIR 90,01, Second, Tier FEIR 95,01, subsequent Second, Tier FEIR 97-03, would have no new effects that were not examined in the preceding Program EIR 90,01, Second,Tier FEIR 95,01, and subsequent Second-Tier FEIR 97-03 [Guideline 15168 (c )(2)]. IV. CEQA FINDING REGARDING PROJECT WITHIN SCOPE OF PRIOR PROGRAM EIR The City Council hereby finds that: (1) there were no changes in the Project from the Program EIR and the FEIR's which would require revisions of said reports; (2) no substantial changes have occurred with respect to the circumstances under which the Project is undertaken since the previous reports; (3) and no new information of substantial importance to the Project has become available since the issuance and appro va] of the prior reports; and that, therefore, no new effects could occur or no new mitigation measures will be required in addition to those already in existence and made a condition for Project irnplementation. Therefore, the City Council approves the Project as an activity that is within the scope ofthe project covered by the Program EIR and FEIR's, and an Addendum has been prepared [Guideline 15168 (c)(2) and 15162 (a)]. V. INCORPORATION OF ALL REASONABLE MITIGATION MEASURES AND ALTERNATIVES The does hereby readopt and incorporate herein as conditions for this approval all applicable mitigation measures and alternatives, as set forth in the findings adopted in the Otay Ranch GDP Program EIR 90-01, original SPA One Plan EIR 95,01, and subsequent SPA One Plan EIR 97,03. VI. NOTICE WITH LATER ACTIVITIES The City Council does hereby give notice, to the extent required by law, that this Project was fully described and analyzed and is within the scope of the GDP EIR (90,0]), the original SPA One Plan EIR (95,01) and the Fina] EIR, and the subsequent SPA One Plan EIR (97,03) with first addendum adequately describes and analyzes this project for the purposes ofCEQA [Guideline 15168 (e)]. Notice on the SPA EIR was given on October 28, 1998. 11-" /,¿ VII. TENTATIVE SUBDIVISION MAP FINDINGS Pursuant to Government Code Section 66473.5 of the Subdivision Map Act, the City Council finds that Tentative Subdivision Map as conditioned herein for The Otay Ranch Company, Chula Vista Tract 96,04A, is in conformance with all the various elements of the City's General Plan, the Otay Ranch Genera] Development Plan and Sectional Planning Area Plan as amended, based on the following: 1. Land Use The Project is a mixed,use development in a planned community which provides various single, family and multi,fami]y residential uses, commercial uses, community purpose facility uses, parkland uses, and open space. The project is also consistent with General Plan policies related to grading and landforms. 2. Circulation All of the on,site and off,site public and private improvements required to serve the subdivision are part ofthe project description or are conditioned consistent with the Otay Ranch Genera] Development Plan, and the Otay Ranch SPA One Plan. The Applicant shall construct those facilities in accordance with City and SPA One Plan standards. 3. Housing A housing agreement between the City and The Otay Ranch Company (Master Developer) has been executed and is applicable to subject Project. 4. Parks, Recreation and Open Space Parks, recreation and open space were conditioned under "A" Map conditions. Park and open space and programmable recreation facilities are the responsibility of the Master Developer. 5. Conservation The Program ErR and FEIR's addressed the goals and policies of the Conservation E]ement of the Genera] Plan and found development of this site to be consistent with these goals and policies. 6. Seismic Safety //-/3 The proposed subdivision is in confonnance with the goals and policies of the Seismic Element ofthe General Plan for this site. No seismic faults have been identified in the vicinity of the Project. 7. Public Safety All public and private facilities are expected to be reachable within the threshold response times for fire and police services. 8. Public Facilities The Applicant will provide all on,site and off,site streets, sewers and water facilities necessary to serve this Project. The developer will also contribute to the Otay Water District's improvement requirements to provide terminal water storage for this Project as well as other major project in the eastern territories. 9. Noise The Project may include noise attenuation walls under review in an acoustic study currently being prepared for the Project. In addition, all units are required to meet the standards of the Uniform Bui]ding Code with regard to acceptable interior noise levels. 10. Scenic Highway The roadway design provides wide landscaped buffers along Olympic Parkway (former]y Orange Avenue) the only General Plan, GDP/SRP scenic highway adjacent to the Project. 11. Bicyc]e Routes The Project is required to provide on,site bicycle routes on East Palomar Street, Paseo Ranchero, and Olympic Parkway as indicated in the regional circulation system of the General Plan and the Otay Ranch GDP. 12. Public Buildings Public buildings are proposed on the Project site as part of the community purpose facility locations. The Project is subject to appropriate commercia] and residential fees prior to issuance of building permits. B. 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 / j,- / 'I created by the proposed development. VIII. CONSISTENCY WITH THE GENERAL PLAN The proposed Project is consistent with the Genera] Plan for the following reasons, A. THE PROPOSED TENTATIVE SUBDIVISION MAP (C.V.T. 96,04A) IS CONSISTENT WITH THE OTA Y RANCH GDP/SRP, AND OTA Y RANCH SPA ONE AMENDMENTS, AND IS IN CONFORMITY WITH THE CHULA VISTA GENERAL PLAN. The revised Phase Seven Tentative Map implements the recently approved Otay Ranch Sectional Planning Area (SPA) Plan Amendment, and reflects the land uses, circulation system, open space and recreational uses, and public facility uses consistent with the Otay Ranch General Deve]opment Plan and Chu]a Vista Genera] PIan. B. THE PROPOSED TENTATIVE SUBDIVISION MAP (C.V.T. 96,04A) WILL PROMOTE THE ORDERLY SEQUENTIALIZED DEVELOPMENT OF THE INVOLVED SECTIONAL PLANNING AREA. The proposed Tentative Subdivision Map (C.V.T. 96,04A) implements the SPA One Plan amendment and Public Facilities Financing Plan containing provisions and requirements to ensure the orderly, phased development of the project. C. THE PROPOSED TENTATIVE SUBDIVISION MAP (C.V.T. 96,04A) IMPLEMENTATION WILL NOT ADVERSELY AFFECT ADJACENT LAND USE, RESIDENTIAL ENJOYMENT, CIRCULATION OR ENVIRONMENTAL QUALITY. The land uses within Otay Ranch are designed with an open space buffer adjacent to other existing projects, and future developments off,site and within the Otay Ranch SPA One. A comprehensive street network serves the project and provides for access to off,site adjacent properties. The proposed plan closely follows all existing environmental protection guidelines and will avoid unacceptable off-site impacts through the provision of mitigation measures specified in the Otay Ranch Environmenta] Impact Report. IX. CONDITIONS OF APPROVAL The City Council hereby approves the Project subject to the approval of the Otay Ranch Phase Two Resource Management Plan being amended and subsequently approved by the City as may be required to allow for this Project and the conditions set forth in Exhibit "B", J¡---IS- "OU.._ ____ .. ..~. .~._.______. _.____.__ attached hereto. X. APPROVAL OF TENTATIVE SUBDIVISION MAP The City Council does hereby approve the Project subject to the conditions set forth on Section VII listed above and based upon the findings and determinations on the record for this Project. XI. NOTICE OF DETERMINATION That the Environmental Review Coordinator of the City ofChula Vista is directed after City Council approval of this Project to ensure that a Notice of Determination is filed with the County Clerk of the County of San Diego. This document along with any documents submitted to the decision,makers shall comprise the record of proceedings for any CEQA claims. XII. 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 so implemented and maintained according to their terms, the City shall have the right to revoke or modifY all approvals herein granted, deny, revoke or further condition issuance of all future building permits 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. XIII. INVALIDITY; AUTOMATIC REVOCATION It is the intention of the City Council that its adoption of this Reso]ution is dependent upon the enforceability of each and every term, provision and condition herein stated; and that in the event that anyone or more terms, provisions, or conditions are determined by a Court of competent jurisdiction to be invalid, illegal or unenforceable, this resolution shall be deemed to be automatically revoked and of no further force and effect ab initio. II" /~ Presented by: Approved as to fonn by: ~~~ Robert A. Leiter Director ofP]anning and Building John Kaheny City Attorney C:\PLANNING\OT A YRNCH\ TENT _MAP\96 _ 04A(phase7)ccRES.doc Apri129, 1999 ) / --J 7 0600-080,OR146T April 28, 1999 EXHIBIT "B" Phase Seven (Purple) Tentative Subdivision Map (C.V.T.96-04A) CONDITIONS OF APPROVAL Unless otherwise specified or required by law: (a) the conditions and Code requirements set forth below shall be completed prior to the related final map as detennined by the Director of Planning and Bui]ding, and the City Engineer (b) unless otherwise specified, "dedicate" means grant the appropriate easement, rather than fee title. Where an easement is required the applicant shall be required to provide subordination of any prior lien holders in order to ensure that the City has a first priority interest in such land unless otherwise excused by the City. Where fee title is granted or dedicated to the City, said fee title shall be uee and clear of all encumbrances, unless otherwise excused by the City. , Should conflicting wording or standards occur between these conditions of approval, any conflict shall be resolved by the City Manager or designee. GENERAL/PRELIMINARY 1. Comply with all requirements and guidelines of the Parks, Recreation Open Space and Trai]s Plan, Pub]ic Facilities Financing Plan, Ranch Wide Affordable Housing Plan, Spa One Affordab]e Housing Plan, and the Non,Renewab]e Energy Conservation Plan, as amended uom time to time, unless specifically modified by the appropriate department head, with the approval of the City Manager. These plans may be subject to minor modifications by the appropriate department head, with the approval of the City Manager, however, any material modifications shall be subject to approval by the City Council. 2. All of the tenns, covenants and conditions contained herein shall be binding upon and inure to the benefit of the heirs, successors, assigns and representatives of the Developer as to any or all of the Property. For purposes of this document the tenn "Developer" shall also mean "Applicant". 3. If any of the tenns, covenants or conditions contained herein shall fail to occur or if they are, by their tenns, to be implemented and maintained over time, if any of such conditions fail to be so implemented and maintained according to their tenns, the City shall have the right to revoke or modify all approvals herein granted including issuance of building pennits, deny, or further condition the subsequent approvals that are derived uom the approvals herein granted, institute and prosecute litigation to compel their compliance with said conditions or seek damages for their violation. The applicant shall be notified] 0 days in advance prior to any of the above actions being 1 J///~ taken by the City and shall be given the opportunity to remedy any deficiencies identified by the City. 4. Applicant shall indemnify, protect, defend and hold the City harmless from and against any and all claims, liabilities and costs, including attorney's fees, arising trom challenges to the Environmental Impact Report for the Project and any or all entitlements and approvals issued by the City in connection with the Project. 5. The applicant shall comply with all applicable SPA conditions of approval. 6. Any and all agreements that the applicant is required to enter in hereunder, shall be in a form approved by the City Attorney. 7. The terms, conditions and time limits associated with this tentative map shall be consistent with the Development Agreement approved by Ordinance No. 2679 by the City Council on July 16, 1996 ("Development Agreement") and as amended on October 22, 1996. 8. The applicant shall comply with the terms of the Conveyance Agreement, as may be amended from time to time, adopted by Reso]ution No. 18416 by the City Council on October 22, 1996 ("Conveyance Agreement"). ENVIRONMENTAL 9. Prior to approval of each final "8" Map, the applicant shall implement all applicable mitigation measures identified in EIR 95,01, subsequent EIR 97-03, the CEQA Findings of Fact for this Project (on file in the City Clerk's Office as Document No. C096,056 and No, ) and the Mitigation Monitoring and Reporting Program (on file in the City Clerk's Office as Document No. C096-057 and No. ). ] O. Prior to the approval of each final "8" Map, the applicant shall comply with all applicable requirements of the Phase 2 Resource Management Plan (RMP) as approved by the City Council on ,June 4,1996 and as may be amended from time to time by the City. 11. Prior to the approval of each fmal "B" Map, the applicant shall comply with the Otay Ranch Resource Preserve Conveyance Plan. 12. The Applicant shall comply with any applicable requirements of the California Department ofFish and Game, the U.S. Department ofFish and Wildlife and the U.S. Army Corps of Engineers. SPECIAL CONDITIONS OF APPROVAL ] 3. The following conditions of approval are based upon the project having multiple final maps for the entire subdivision which shall be referenced hereinafter as "Final '8' Maps". Unless 2 //-/9 otherwise specified, all conditions and code requirements listed below shall be fully completed to the City's satisfaction prior to approval of the first Final "B" Map. 14. Prior to approval of the first final map within each Village the tentative map, the developer shall submit and obtain the approval of the City ofa master final map ("A" Map) over the portion of the tentative map within each Village area showing "super b]ock" lots corresponding to the units and phasing or combination of units and phasing thereof. Said "A" map shall also show open space lot dedications, the backbone street dedications and utility easements required to serve the "super block" lots created by this "A" Map. All "super block" lots created by this "A" Map or previous parcel map shall have access to a dedicated public street. Said "A" map shall not be considered the first map as indicated in other conditions of approval unless said map contains single or multiple family lots or a subdivision of the multiple family lots shown on the tentative map. A lot line adjustment, if utilized in accordance with City standards and procedures, shall not be considered the first "A" Map. The "A" Map may contain single family residential units. 15, The subsequent development of a multiple family lot which does not require the filing of a "B" Map shall meet, prior to issuance of a building permit for that lot, all the applicable conditions of approval of the tentative map, as determined by the City Engineer. Construction of non, backbone streets adjacent to multiple family lots will not need to be bonded for with the final "A" Map which created such lot. However, such improvements will be required to be constructed under the Municipal Code provisions requiring construction of street improvements under the design review and building permit issuance processes. 16. In the event of a filing of a final map which requires oversizing (in accordance with the restrictions of state law and City ordinances) of the improvements necessary to serve other properties, said final map shall be required to install all necessary improvements to serve the project plus the necessary oversizing of facilities required to serve such other properties. DESIGN 17. A street connecting Montera Street and Cameros Street shall be installed as part of the improvements for Neighborhoods R,18 and R-48. The connection shall be located near lots 54 and 55 in R-18 and lots 26 and 27 in R,48. The connection shall be designed as a Residential Street - Condition "A". The northerly ends of Montera Street and Cameros Street may utilize the "Modified Cul-de-Sac" design depicted on the Tentative Map if they are less than 150 feet in length. The exact location of the connecting street shall be determined by the City Engineer and the Director of Planning and Building. 18. Any proposed monumentationlsignage shall be consistent with the Village Design Plan and shall be reviewed and approved by the Director ofP]anning and Bui]ding prior to approval of the appropriate final map. 3 //, lfJ 19. In addition to the requirements outlined in the City of Chula Vista Landscape Manua], privately maintained slopes in excess of 25 feet in height shall be landscaped and irrigated to soften their appearance as follows: one 5'gal]on or larger size tree per each 150 square feet of slope area, one I-gallon or larger size shrub per each 100 square feet of slope area, and appropriate groundcover. Trees and shrubs shall be planted in staggered clusters to soften and vary the slope plane. Landscape and irrigation plans for private slopes shall be reviewed and approved by the Director of Planning and Bui]ding prior to approval of the appropriate final map. 20. A comprehensive wall plan indicating color, materials, height and 10cation shall be reviewed and approved by the Director of Planning and Building prior to approval of any final "B" Map. Materials and color used shall be compatible and all walls located in corner side,yards or rear yards facing public or private streets or pedestrian connections shall be constructed of a decorative masonry and/or wrought iron material. A revised acoustical analysis indicating if view fencing, such as a combination of masonry and wrought iron, is allowable at the ends of cul-de-sacs backing up to, Olympic Parkway, and Paseo Ranchero, shall be prepared prior to submittal of the wall plan indicated above. If such fencing is allowab]e per the final acoustical analysis it shall be provided at the ends of the following streets: Weaverville Street, Greenfield Street, Hayfork Place, Cameros Street, Santa Rita East, Grayson Street, Delano Street, Belmont Street, and Atherton Street. View fencing shall be provided at the ends of all other open cul,de-sacs where a sound wall is not required. Any combination free standing/retaining walls shall not exceed 8.5 feet in height. The applicant shall submit a detail and/or cross section of the maximwn/minimum conditions for all "combination wal]s" which include retaining and free standing walls. Said detail shall be reviewed and approved by the Director of Plaruúng and Building prior to the approval of the fust fmal map. The maximum height of all retaining walls shall be 2.5 feet in height when combined with freestanding walls which are six feet in height. A 2-3 foot separation shall be provided between free standing and retaining walls where the combined height would otherwise exceed 8.5 feet. 21. Lots backing or siding onto pedestrian paseos or parks shall be provided with view fencing, such as three feet of wrought iron on top of a three foot masonry wall, subject to approval by the Fire Marshal and the Director of Planning and Building STREETS, RIGHT-OF-WAY AND PUBLIC IMPROVEMENTS 22. Install public facilities in accordance with the Otay Ranch SPA One, Public Faci]ities Finance Plan as may be amended from time to time or as required by the City Engineer to meet threshold standards adopted by the City ofChula Vista. The City Engineer and Director ofP]anning and Building may, at their discretion, modify the sequence of improvement construction should conditions change to warrant such a revision. The Developer shall construct the public improvements and provide security satisfactory to the City Engineer as set forth in the first final "B" 4 1/--1/ map Supplemental Subdivision Improvement Agreement for Village One and attachment Exhibit "E" thereto, approved by City Council Resolution No. ~ on October 6,1998. ,qL{ t 23. Dedicate for public use all the public streets shown on the tentative map within the subdivision boundary. Prior to the approval of the applicable "B" Map, the applicant shall enter into an agreement to guarantee the construction of all street improvements as required by the PFFP for each particular phase. 24. Secure in accordance with Section 18.16.220 of the Municipal Code, as necessary, the construction and/or construct full street improvements for all on,site and off-site streets deemed necessary to provide service to the subject subdivision. Said improvements shall include, but not be limited to, asphalt concrete pavement, base, concrete curb, gutter and sidewalk, sewer, reclaimed water and water utilities, drainage facilities, street lights, signs, landscaping, irrigation, fencing and fire hydrants. Street cross sections shall conform to the cross sections shown on the Tentative Map, unless otherwise conditioned or approved herein, All other design criteria shall comply with the current Chu]a Vista Design Standards, Chu]a Vista Street Design Standards, and the Chula Vista Subdivision Manual unless otherwise conditioned or approved herein. 25. As part of the improvement plans associated with the final "B" Map which triggers the installation of the related street improvements, install a fully activated traffic signal including interconnect wiring at the following intersections: a. East Palomar Street and Paseo Ranchero b. Olympic Parkway and Paseo Ranchero Install underground improvements, standards and luminaries with construction of street improvements, and install mast arms, signa] heads and associated equipment as determined by the City Engineer. 26. Submit to and obtain approval by the City Engineer of striping plans for all collector or higher classification streets simultaneously with the associated improvement plans. 27. Design all vertical and horizontal curves and intersection sight distances to conform to the Caltrans Highway Design Manual. All streets which intersect other streets at or near horizontal or vertical curves must meet intersection design sight distance requirements in accordance with City standards. Sight visibility easements shall be granted as necessary to comply with the requirements in the Caltrans Highway Design Manual. 28. Al] cu]-de,sacs and knuckles not conforming to City standards shall have a design waiver submitted by the Engineer'of-Work to the City Engineer stating the deviations from City standards 5 /1/),.2.. and explaining that, in their professional opinion. no safety considerations will be compromised. The waiver will be subject to approval or disapproval at the discretion of the City Engineer. 29. Two (2) points of vehicular access shall be provided to each Neighborhoods/Sites as follows: a. Neighborhood R-19 b. Neighborhood R-47 c. CPF-I/C,l d. Neighborhood R-15 e. CPF,2 The Developer shall construct and complete the required access improvements prior to occupancy of any building within the above Neighborhood/Sites. The exact locations of the two (2) points of vehicular access for each Neighborhood/Site shall be approved by the Director of Planning and Building prior to Site Plan approvaL The Director of Planning and Building may waive the requirement for one or more of the points of access to any Neighborhood/Site upon site plan approval in his/her sole discretion. 30. Access to East Palomar Street from the tentative map shall be relinquished on the final "A" map. 31. The private paseo located in Neighborhood R-] 5/CPF,2 shall be constructed concurrent with the development of Neighborhood R-15 and completed prior to occupancy of the first dwelling unit in R,15. The exact location, alignment and landscaping of the Paseo in Neighborhood R-15/CPF,2 shall be approved by the Director of Planning and Building at the time of Site Plan approval for R, 15/CPF-2. The applicant may request reconsideration of the requirement for the paseo which the Director of Planning and Building may determine at his/her sole discretion. 32. The General Utility Easement at the end of Santa Andrea leading to the emergency access road shown on the Tentative Map at the easterly end of Fieldbrook Street shall be included within the boundaries of Neighborhood R,l6 and shall be granted on the final "B" map for R,16. The easement shall include pedestrian access improvements, construction of which shall be secured prior to the approval of the fust final "B" map for R-16 and shall be approved by the Director of Planning and Building. Security shall be provided in the form of a bond or as otherwise approved by the City Engineer. 33. Install all street trees in accordance with Section 18.28.10 of the Chula Vista Municipal Code. All street trees shall be planted in parkways which have been selected from the revised list of appropriate tree species described in the Village Design Plan, and shall be approved by the 6 //-.23 Director of Planning and Building and Director ofPub]ic Works. The applicant shall provide root control methods per the requirements of the Director of Planning and Building, and provide a deep watering irrigation system for the trees. An irrigation system shall be provided from each individual lot to the adjacent parkway. A street tree improvement plan shall be submitted prior to or concurrent with the second submittal of street improvement plans for each subdivision. The street tree improvement plans, including final selection of street trees, for the street parkways shall be approved by the Director ofP]anning and Bui]ding and the City Engineer. 34. Construct sidewalks and construct pedestrian ramps on all walkways to meet or exceed the "Americans with Disabilities Act" standards and as approved by the City Engineer. In the event the Federal Government adopts ADA standards for street rights,of-way which are in conflict with the standards and approvals contained herein, all such approvals conflicting with those standards shall be updated to reflect those standards. Unless otherwise required by federal law, City ADA standards may be considered vested, as determined by Federal regulations, only after construction has cornmenced. 35. Alley openings shall be per San Diego Regiona] Standard Drawing No. G-17, or approved modifications thereto. Additional requirements may be imposed by the City on alleys to address specific geometric and other design issues that may arise during the review of the site plan and/or improvement plans for Neighborhood R-16. These requirements shall include but are not limited to: a minimum turning radius for alleys, corner chamfers, alley signage, lighting, and unit addressing. 36. The applicant shall construct a 20-foot wide, all-weather concrete (6 inch minimum depth) emergency access road (secondary Village One Core access) from Olympic Parkway to the easterly end of Fieldbrook Street, upon the request of the City Engineer. The emergency access road shall be secured by a bond or as otherwise approved by the City Engineer prior to the approval of the "A" Map. The cross, section of the emergency access road shall be as shown on the Tentative Map. Upon the request of the City Engineer, the applicant shall submit a full set of road improvement plans; including but not limited to: horizontal alignment, vertical profiles, intersection details, drainage appurtenances and access control, all as approved by the City Engineer and the Fire Marshal. Emergency entrances shall be provided with mechanical gates and an "Opticom" system, or some other automated system with backup and/or fail safe features acceptable to the Police and Fire Chief. 37. Provide (I) twenty feet setback on driveways from property line to garage and (2) sectional roll-up type garage doors at all properties fronting on streets where cul-de,sacs are 150 feet or less in length except as provided for in the Planned Community District Regulations or approved by the City Engineer and the Director of Planning and Building. 38. Residential Street Condition A as denoted on the cover page of the tentative map is the preferred section and shall be implemented on all residential streets, including the connecting street in Neighborhood R-15 as defined in SPA One. Unless otherwise approved by the City Engineer and 7 //-,,29 Director ofP]anning and Bui]ding. However, Mount MacIure Drive, between Fieldbrook Street and Greenfield Street, and the easterly side of Santa Rita, between Fie]dbrook Street and Cameros Street shall be constructed with five foot sidewalks in lieu of the four foot sidewalks indicated on the Tentative Map cross-sections. 39. Requested General Waivers 1,2 and 4, as indicated on the cover sheet of the tentative map, are hereby approved. Specific Waivers I and 2 are approved subject to the condition that one,way circulation be provided at the north,south streets adjacent to park P,12, unless otherwise approved by the City Engineer. 40, Not install privately owned water, reclaimed water, or other utilities crossing any public street. This shall include the prohibition of the instal]ation of sleeves for future construction of privately owned facilities. The City Engineer may waive this requirement if the following is accomplished: a. The developer enters into an agreement with the City where the developer agrees to the following: (I) Apply for an encroachment pennit for installation of the private facilities within the public right,of-way. (2) Maintain membership in an advance notice such as the USA Dig Alert Service. (3) Mark out any private facilities owned by the developer whenever work is perfonned in the area. The tenns of this agreement shal] be binding upon the successors and assigns of the developer. b. Shutoff devices as detennined by the City Engineer are provided at those locations where private facilities traverse public streets. 41. Prior to the approval of any improvement plan within the tentative map, submit and obtain preliminary approval for proposed street names from the Director of Planning and Bui]ding and the City Engineer. No two intersections shall have the same name. Street name suffixes shall comply with City standards. 42. The applicant shall construct emergency access roads to East Palomar Street at the end of Weaverville Street and Fie]dbrook Street upon the request of the City Engineer. The access roads shall be secured by a bond or as otherwise approved by the City Engineer and City Attorney in an amount approved by the City Engineer, prior to the approval of the final map for Neighborhood R- 48 and R,18 respectively. The emergency access roads shall be contained within general access 8 11"';25" easements granted to the City of Chula Vista. Emergency access entrances shall be provided with mechanical gates and an "Opticom" system, or some other automated system with backup and/or fail safe features acceptable to the Police and Fire Chief. 43. The City of San Diego Water Line (Otay Lakes Pipeline No.2) within the Tentative Map shall be relocated or a revised Tentative Map for Neighborhood R,17 shall be approved prior to the approval of the first Fina] Map within Neighborhood R,17. 44. Street light locations shall be approved by the City Engineer. 45. Prior to the approval of the first final "8" map, the applicant shall process and obtain the approval of a Parcel Map, or similar plat or instrument, whereupon the right,of,way for Olympic Parkway from Brandywine Avenue to SR,125 is offered for dedication to the City ofChula Vista. The alignment of Olympic Parkway shall substantially confonn to the final Olympic Parkway Feasibi]ity Report prepared by Kimley-Hom and Associates, Inc. If the City and Applicant enter into the Agreement for Financing and Construction of Olympic Parkway and Re]ated Roadway Improvements which requires the dedication ofO]ympic Parkway as described above, the Developer shall confonn to that agreement. 46. The typical cross section of Olympic Parkway including the right-of-way, regional trail, and meandering sidewalks shall confonn to the final Olympic Parkway Master Landscape Plan by Estrada Land Planning, Inc. The regional trail shall be located on the north side of Olympic Parkway, within the 20 foot landscape easement. Where the Poggi Canyon Channel crosses to the southerly side of Olympic Parkway, the developer shall provide an additional 12 foot wide flat area behind the Olympic Parkway right,of,way. GRADING AND DRAINAGE 47. Stonn drain systems that collect water from private property shall be designated private on grading and drainage and/or improvement plans to the point of connection with a public system or to the point at which stonn water that is collected from public street right,of,way, public park or open space areas is first introduced into the system. Downstream from that point, the stonn drain system shall be public. An encroachment pennit shall be processed and approved by the City for private stonn drains within the public right-of-way or within C.F .D. maintained Open Space lots. 48. Submit with grading and drainage and/or improvement plans as applicab]e hydrologic and hydraulic studies and calcu]ations, including dry lane calculations for all public streets. Calculations shall also be provided to demonstrate the adequacy of downstream drainage structures, pipes and inlets. 49. The developer shall submit notarized letters of pennission to grade for all off,site grading. 9 II'" ;¿t 50. Storm drain design shall conform to the requirements of the Subdivision Manual and the Grading Ordinance as may be amended from time to time. 5 L Design the storm drains and other drainage facilities to include Best Management Practices to minimize non-point source pollution, satisfactory to the City Engineer. 52. Provide a setback, as determined by the City Engineer, between the property lines of the proposed lots and the top or toe of any slope to be constructed where the proposed grading adjoins undeveloped property or property owned by others. The City Engineer shal] not approve the creation of any lot that does not meet the required setback. 53. Submit a list of proposed lots with the appropriate grading plan indicating whether the structure will be located on fill, cut or a transition between the two situations unless otherwise approved by the City Engineer. 54. Grant on the appropriate [mal "B" Map a 15 feet minimum drainage and access easement for storm drain lines located between residential units unless otherwise directed by the City Engineer. All other easements shall meet City standards for required width. 55. Prior to approval of the first final "B" Map or grading permit for land draining into Poggi Canyon or grading permit which requires construction of the Poggi Canyon Channel, whichever is earlier, the developer shall: a, Guarantee the construction of the applicable drainage facility, unless otherwise approved by the City Engineer including a runoff detention/desilting basin and naturalized channel in Poggi Canyon; The City Engineer may approve that these facilities are constructed at a later time if the developer provides private temporary runoff detention basins or other facilities, approved by the City Engineer, which would reduce the quantity of runoff from the development to an amount equal to less than the present ]00 year flow. Said temporary facilities shall comply with all the provisions of the National Pollutant Discharge Elimination System (NPDES) and the Clean Water Program. Prior to issuance of any grading permit which approves any temporary facility, the developer shall enter into an agreement with the City to guarantee the adequate operation and maintenance (0 & M) of said facility. The developer shall provide security satisfactory to the City to guarantee the 0 & M activities, in the event said facilities are not maintained to City standards as determined by the City Engineer. The developer shall be responsible for obtaining all permits and agreements with the environmental regulatory agencies required to perform this work. 10 JI" ;¿ 7 b. Prepare a maintenance program including a schedule, estimate of cost, operations manual and a financing mechanism for the maintenance of the applicable facilities. Said program shall be subject to approval of the City Engineer, the Director of Planning and Building, and the applicable environmental agencies, c. Enter into an agreement with the City of Chula Vista and the applicable environmental agencies (Fish and Game, Fish and Wildlife) wherein the parties agree to implement the maintenance program. d. Enter into an agreement with the City where the developer agrees to the following' (1) Provide for the maintenance of the proposed naturalized channel and detention basin in Poggi Canyon until such time as maintenance of such facilities is assumed by the City or an open space district. (2) Provide for the removal of siltation in the Poggi Canyon Channel (including detention basins) until all upstream grading within the development is completed and erosion protection planting is adequately established as determined by the City Engineer and Director of Planning and Building. (3) Provide for the removal of any siltation in the Poggi Canyon Channel (including detention basins) attributable to the development for a minimum period of five years after maintenance of the facility is accepted by the City or an open space district. 56, Comply with all the provisions of the National Pollutant Discharge Elimination System (NPDES) and the Clean Water Program. 57. Provide runoff detention basins or any other facility approved by the City Engineer to reduce the quantity of runoff rrom the development to an amount equal to or less than the present 100-year frequency runoff. 58. Storm drain clean outs shall not be located on slopes or in inaccessible areas for maintenance equipment. Public storm drains shall be installed as close to perpendicular to the slope contours as possible but in no case greater than 15 degrees from perpendicular to the contours. 59. Brow ditches that flow over a slope greater than 10 feet in height and are steeper than a 3: 1 shall not be allowed. Drainage shall be collected in an inlet and carried to the bottom of the slope in an underground storm drain. 60. Ensure that brow channels and ditches emanating rrom and/or running through City Open Space are not routed through private property and vice versa. 11 11-- ;¿~ 61. Provide a graded access (12 feet minimum width) and access easements as required by the City Engineer to all public storm drain inlet structures, including but not limited to the following' a. The 8 ft. by 8 ft. box culvert located at the southeast corner of Paseo Ranchero and Olympic Parkway. b. Both ends of the box culvert crossing Olympic Parkway in the vicinity of the Emergency Access Road. c. To a secondary drainage channel along the southerly side of Olympic Parkway easterly of the point where the Poggi Canyon Channel crosses to the southerly side of Olympic Parkway, if such a channel is indicated on the grading plans for that area. The access road and easement may be deleted with the development of Village Two by approval of the City Engineer. Improved access as detennined by the City Engineer shall be provided to public drainage structures located in the rear yard of any residential lot 62. Provide additional graded maintenance access roads along both sides of the proposed onsite and offsite portions of the Poggi Canyon Channel. The width of said roads shall be ] 2 feet unless otherwise approved by the City Engineer. The final dimensions and location of the access roads shall be as detennined by the City Engineer. The maintenance access roads shall be designed to accommodate the space required for the 20 foot wide tree planting nodes as depicted on the Olympic Parkway Landscape Master Plan by Estrada Land Planning, Inc. 63. Provide a protective fencing system around (I) the proposed detention basins at Poggi Canyon, and (2) inlets and outlets of stonn drain structures, as directed by the City Engineer. The final design and types of construction materials shall be subject to approval of the Director of Planning and Building and the City Engineer. 64. Designate all drainage facilities draining private property to the point of connection with public facilities as private. 65. Provide a 6 inch thick concrete access road to the bottom of the proposed detention basins. This access shall have a minimum width of 12 feet, a maximum slope of 8%, and a heavy broom finish on the ramp as directed by the City Engineer. 66. Obtain a Letter of Map Revision (LOMR) from the Federal Emergency Management Agency revising the current National F]ood Insurance Program maps of the downstream end of Poggi Canyon Channel west of Brandywine A venue to reflect the effect of the proposed drainage improvements. The LOMR shall be completed prior to acceptance by the City of the proposed detention facility. 12 JI--- ~/I' .....-,......---"'.-.-.--... 67. Obtain, prior to approval of the first final "B" Map, the approval of the Director of Public Works of any amendment necessary to make the Master Drainage plan consistent with the approved Tentative Map. 68. Prepare and obtain approval by the City Engineer and Director of Planning and Bui]ding an erosion and sedimentation control plan and landscape/irrigation plans as part ofthe grading plans. 69. Indicate on all affected grading plans that aI] wal]s which are to be maintained by open space districts shall be constructed entirely within open space lots dedicated to the City. 70. Prior to issuance of any grading permit for any land that is contained within the Tentative Map or within the Poggi Canyon Basin, the applicant shall: a. secure the approval of an amendment to the Otay Ranch Phase Two Resource Management Plan by the City Council. b. secure the required permits from the Army Corps of Engineers (ACOE) and the California Department of Fish and Game (CDFG). Grading plans that do not require ACOE or CDFG permits may be approved by the City Engineer. No grading adjacent to the Poggi Canyon shall occur without prior consultation with the City Mitigation Monitor, the City Engineering Inspector, the ACOE, and the CDFG. SEWER 71. All sewer access points (manholes) shal] be located at the centerline of streets or cul,de,sacs unless otherwise approved by the City Engineer and Director of Public Works. 72. Provide an improved access road with a minimum width of 12 feet to all sanitary sewer manholes. The roadway shall be designed for an H,20 wheel load or other loading as approved by the City Engineer. 73. Grant on the appropriate fInal "B" Map a 20 feet minimum sewer and access easement for sewerlines located between residential units unless otherwise directed by the City Engineer. All other easements shal] meet City standards for required width. 74. No diversion from the natural boundaries of the Poggi Canyon Sewer Basin will be allowed, unless approved by the City Engineer. 75. Prior to the approval of the fIrst fInal "B" map or site plan approval, whichever comes fIrst, for any portion of the tentative map which was within the Poggi Canyon Basin prior to any grading, the applicant shal] submit a study analyzing the capacity of sewer facilities within and downstream from the Poggi Canyon Basin. The study shall be approved by the City Engineer and shall consider all approved land development projects and anticipated future land uses that would utilize the 13 11--- J f) ^._~~._~..."-_.._. .-....---.,.-,....------.. downstream facilities. The sewer study shal] update the "Overview of Sewer Service for SPA One at the Otay Ranch Project" (SPA One Sewer Report) prepared by Wilson Engineering dated June 4,1996. PARKS/OPEN SP ACE/WILDLIFE PRESERV AnON 76. The SPA One project shall satisfy the requirements of the City's Park Land Dedication Ordinance (PLDO) (Chapter 17.1 0). The ordinance establishes a requirement that the project provide three (3) acres oflocal parks and related improvements per 1,000 residents. Local parks are comprised of community parks, neighborhood parks and pedestrian parks (to the extent that pedestrian parks receive partial park credit as defined below). Two thirds (2 acres/l ,000 residents) of local park requirement shall be satisfied through the provision of turn-key neighborhood and pedestrian parks within SPA One. The remaining requirement (1 acre/1,OOO residents) shall be satisfied through the payment of Park Acquisition and Dedication (PAD) fees, dedication ofland, or a combination thereof. 77. All local parks shall be consistent with the SPA One PFFP, as may be amended from time to time, and shal] be instal]ed by the App]icant. A construction schedule, requiring all parks to be completed in a timely manner, shall be approved by the Director ofP]anning and Bui]ding. 78. All local parks shall be designed and constructed consistent with the provisions of the Chula Vista Landscape Manual and related Planning and Building Department specifications and policies. 79. The applicant shal] enter into a Chula Vista standard three party agreement with the City of Chula Vista and design consultant( s), for the design of all aspects of the neighborhood and community parks in accordance with the Master Plan whereby the Planning and Building Director selects the design consultant(s), to be funded by the applicant. The cost for the consultant(s) shall be established and said amount deposited into an account prior to any work being initiated by the consultant. The agreement shall include, but not be limited to, master planning, design development phase, construction document phase and construction supervision phase for the park sites. The construction documents shall reflect the then current requirements of the City's Code/Landscape Manual requirements. 80. The App]icant shall receive surplus park credit to the extent the combined park credit for neighborhood parks, pedestrian parks, and the community park exceeds the 3 acres per ],000 residents standard. This surplus park credit may be utilized by the Applicant to satisfy local park requirements in future SPAs. 81. The Applicant and the City shall mutually agree on a PAD fee reimbursement schedule in coordination with the adopted construction schedule. Milestones will be established for partial reimbursement during the construction process. The City may withhold up to 20% of the park construction funds until the park has been completed and accepted. Reimbursement of PAD fees 14 / ¡..' 31 -..---.-.--,.----...-.-.-..-,.,-.--..- - .~_._..-...._-~_..._--_.. shall include the interest accrued by the City on said PAD fees minus the City's cost of processing and administering this reimbursement program. 82. Grant in fee all designated public park lands at such time as is necessary to implement the requirements of the PLDO and the PFFP. 83. Pedestrian Parks (also known as mini-parks): Pedestrian parks less than five acres, as identified in the SPA One Plan, shall be maintained by a funding entity other than the City's General Fund. Pedestrian parks shall receive a minimum of 25% and a maximum of 50% park credit, as determined by the Director of Planning and Building pursuant to the City wide small park credit criteria which shall be approved by the City Council. Parks located within guarded areas shall not receive park credit. 84. Neighborhood Parks: a. In addition to those PAD fees required by Condition No. 76, the Applicant shall pay PAD fees based on a formula of2 acres per 1,000 residents for the first 500 dwelling units within SPA One. In the City's sole discretion, PAD fees may be required for units in excess of the first 500 dwelling units within SPA One. b. Prior to the approval of the first final map which creates residential lots ("B" Map), the applicant shall enter into a supplemental agreement where the applicant agrees to construct the first neighborhood park in SPA One, in a location determined by the Director of Planning and Building, no later than issuance of the building permit for the SOOth dwelling unit within SPA One. The agreement shall also provide the following: (1) Developer shall commence construction of the first neighborhood park in SPA One, identified as Park P,I, at the location set forth in SPA One Plan and as shown on the Village One "A" Map No. 13592 thereof as lot "F", no later than issuance of the building permit for the SOOth dwelling unit for the Project. The level of amenities required in said construction of the first neighborhood park shall be determined by the Director of Planning and Building in conjunction with the park master planning effort required by the City of Chula Vista Landscape Manual. Notwithstanding anything herein to the contrary, the developer shall complete construction of the entire P,] neighborhood park as identified in SPA One Plan within eight (8) months after commencing construction of said park. For purposes of this paragraph, "comp]ete construction" shall mean that the construction of the park has been completed and accepted by the City as being in compliance with the Park Master Plan, but prior to the City's required mandatory maintenance period. 15 / j/ ;t 2. ..".__.__.~- ..._.._. .........-.-----. -....-... (2) Developer agrees to commence construction of the second neighborhood park in SPA One, identified as P,2, at the location set forth in the SPA One Plan and as shown on said Village One "A" Map as lot "R". Such construction shall commence upon the earlier of: a) issuance of the building permit for the 2033th dwelling unit for SPA One, or b) if the Project is determined by the City to be in deficit in constructed neighborhood parks based upon 2 acres/l,OOO residents. Such construction shall be completed within eight (8) months after commencing construction of said park. For purposes of this paragraph, "complete construction" shall mean that the construction of the park has been completed and accepted by the City as being in compliance with the Park Master Plan, but prior to the City's required mandatory maintenance period. This is not intended to supersede any of the City's maintenance guarantee requirements. The Developer and City agree to negotiate in good faith a park agreement concerning Developer's neighborhood and community park obligations for Villages 1 and 5 of SPA One. (3) At no time following completion of construction of the first phase of the first neighborhood park shall there be a deficit in "constructed neighborhood park" based upon 2 acres/] ,000 residents. Applicant agrees that the City may withhold the issuance of building permits should said deficit occur. For purposes of this condition, the term "constructed neighborhood park" shall mean that construction of the park has been completed and accepted by the Director of Planning and Building as being in compliance with the Park Master Plan, but prior to the mandatory 9-12 month maintenance period. This condition is not intended to supersede any of the City's maintenance guarantee requirements. (4) The Applicant shall receive reimbursement of PAD fees, proportionate to what has been constructed, should they deliver a turn,key park which has been constructed in accordance with the Parks Master Plan subject to approval by the Director of Planning and Building. c. The applicant shall grant to the City, at the "A" Map stage, an irrevocable offer of dedication for all public neighborhood parks shown on the Tentative Map. 85. Community Parks: a. Prior to the approval of each final "B" Map the App]icant shall comply with the PLDO for the Community Park based upon a formula of 1 acre per 1, 000 residents, until such time as a turn-key facility has been constructed by the applicant and accepted by the Director of Planning and Bui]ding. Said turn,key facility is subject to the reimbursement mechanism set forth below. 16 jl<J 3 ~._---_._._,._-,-,-,-------- b. The first Otay Ranch Community Park, to satisfY SPA One demand, shal] be located in Village 2 as identified in the GDP. c. Notwithstanding that the community park requirement (1 acre/I,OOO residents) shall be satisfied through the payment of PAD fees, the Applicant shal] commence construction of the first phase of the Community Park prior to issuance of the building pennit for the 2,650th dwelling unit within SPA One. The first phase of construction shal] include, but not be limited to, improvements such as a graded site with utilities provided to the property line and an all weather access road acceptable to the Fire Department. d. The Applicant shall commence construction of the second phase of the Community Park prior to issuance of the building pennit for the 3,OOOth dwelling unit within SPA One. Second phase improvements shall include recreational amenities as identified in the Park Master Plan. e. The Community Park shall be ready for acceptance by the Director of Planning and Building for maintenance prior to issuance of the building pennit for the 3,900th dwelling unit within SPA One. f. If the Director of Planning and Building detennines that it is not feasible for the Applicant to commence construction of the first phase improvements of the community park prior to issuance of the building pennit for the 2,650th unit within SPA One, then the Director of Planning and Building shall have the option to utilize the PAD fees for said improvements, or to construct another park facility, east of the 1,805 Freeway within an acceptable service radius of SPA One, as set forth in the GDP. g. The Applicant shall provide a maintenance period of9,l2 months in accordance with the City ofChula Vista Planning and Building Department policy. h. The Applicant shall receive reimbursement of PAD fees, proportionate to what has been constructed, excluding the cost of construction of the all weather access road, for the community park should they deliver a turn-key facility to the City in accordance with the Community Park Master Plan, subject to the approval of the Director of Planning and Building. 86. Trai]s/Open Space: The applicant shal] construct trails as follows: a. The Regiona] Trail shall be located on the north side of Poggi Canyon (Olympic Parkway) for the entire length of Olympic Parkway in Village One, and shall be 17 /J~ ;31 designed to incorporate the Olympic Parkway Landscape Master PIan by Estrada Land Planning, Inc., as approved by the the City and as amended ITom time to time including the "tree planting nodes" as specified in the Olympic Parkway Landscape Master Plan. Specific locations shall be subject to the approval of the Director of Planning and Building. The Regiona] Trail shall meander away from the curb as much as possible avoiding the "tree planting nodes" If retaining walls are necessary, they should be kept to a minimum and/or if a grading solution can be found, retaining walls will not be used to gain additional space for the street corridor. The retaining walls are to be located and detailed on the Grading Plans for Olympic Parkway and/or the Poggi Canyon Drainage Channel, and approved by the Director of Planning and Building. Slopes gradients may be increased to the maximum permitted in the grading ordinance in limited locations to accomodate the "tree planting nodes" and maintenance access ways. Landform grading policies shall be observed. If a combination of low retaining walls and modified landform grading cannot accomodate "tree planting nodes" and maintenance access areas, the top of slope shall be adjusted as necessary. Prior to the installation ofthe regional trail, instal] a fence along those portions of the proposed maintenance access roads of the Poggi Canyon Channel, which are proposed to be incorporated into the Regional Trai] System. The fence shall be erected only at those locations where its installation will not interfere with the normal channel maintenance. The specific locations where the fence will be allowed and the fence details shall be as determined by the City Engineer and Director ofP]anning and Bui]ding. b. All trails shall be constructed concurrent with the approved Phase Seven rough grading, and connect to adjoining existing and/or proposed trails in neighboring development projects, as determined by the Director ofP]anning and Building. c. The maximum gradient for non-ADA compliant connector trails shall be 10%. Steeper grades of up to 12% for short runs of 50 feet may be permitted subject to the approval by the Director ofP]anning and Building. d. The graded section upon which the connecting trails are constructed shall be 10 feet in width. Six feet shall be provided for the trail bed, with a 2 foot graded shoulder on either side. e. App]icant shall install appropriate signage indicating 10cation of trail connections, handicap access, and bikeway locations to the Regional Trai], and shall be approved by the Director of Planning and Building prior to the approval of the first final "B" map for Phase Seven (purple Phase). Signage shal] be installed upon the request of the Director ofP]anning and Bui]ding. f. Prior to the installation of the regional trail, install a fence along those portions of the proposed maintenance access roads of the Poggi Canyon Channel, which are 18 J//3» proposed to be incorporated into the Regional Trail System. The fence shall be erected only at those locations where its installation will not interfere with the normal channel maintenance. The specific locations where the fence will be allowed and the fence details shall be as determined by the City Engineer and Director of Planning and Building. 87. Community Gardens: a. Community Gardens shall be consistent with the guidelines in the SPA One Parks, Recreation, Open Space and Trails Master Plan, including creation of the Community Garden Committee and their responsibilities, b. Water lines shal] be stubbed from the nearest open space water meter to the site(s) in order to facilitate development of the Community Gardens. c. Community Garden sites shall be consistent with those identified on the tentative map. d. Maintenance of Community Gardens shall be funded by an Open Space Maintenance District, Homeowner's Association or other funding mechanism approved by the Director of Planning and Building and the City Engineer. e. Community Gardens shall not receive park credit. OPEN SPACE/ASSESSMENTS 88. Prior to the approval of the first final Map, the developer shall: a. Submit and obtain approval of an updated Open Space Maintenance Responsibilities Map from the Director of Planning and Building. b. Submit evidence acceptable to the City Engineer and the Director ofP]anning and Building of the formation of a Master Homeowner's Association (MHOA), or another fmancial mechanism acceptable to the City Manager, which includes all the properties within the approved tentative map. The MHOA shall be responsible for the maintenance of all improvements not specifically maintained by the Community Facilities District 97,] (CFD 97-1). The MHOA shall be structured to allow annexation of future tentative map areas in the event the City Engineer and Director of Planning and Bui]ding require such annexation of future tentative map areas. The MHOA formation documents shall be approved by the City Attorney. 19 11/:5 ~ 89. Grade a level, clear area at least three feet wide (face of wall to top of slope), along the length of any wall abutting an open space district lot, as measured ftom face,of,wall to beginning of slope, said area as approved by the City Engineer and the Director of Planning and Building. 90. Ensure that all buyers of lots adjoining open space lots containing walls maintained by the open space district sign a statement, when purchasing their homes, stipulating that they are aware that the walls are on City property and that they shall not modify or supplement the wall or encroach onto City property. These restrictions shall also be incorporated in the CC&R's for each lot. 91. Agree to not protest formation or inclusion in a maintenance district or zone for the maintenance of landscaped medians and scenic corridors along streets within and adjacent to the subject subdivision. 92. Grant in fee to the City on the first final map for the project, aI] open space lots shown on the tentative map and execute and record a deed for each of the lots to be maintained by the City through the open space district. 93. Fund the revision of the Public Facilities Deve]opment Impact Fee (PFDIF) Program, which shall be prepared by the City, as directed by the City Manager or his designee, and approved by the City Council prior to approval of the fust final "B" Map. The developer shall receive 100% credits towards future PFDIF fees for funding this update. Provide a deposit of $20,000 to begin this process. All cost ofrevising the PFDIF shall be borne by the developer. 94. Prior to issuance of any grading permit which includes Landscaping and Irrigation (L&I) improvements to be installed in an open space lot to be maintained by the open space district, the developer shall place a cash deposit with the City which will guarantee the maintenance of the L&I improvements, prior to City acceptance of said improvements, in the event the improvements are not maintained to City standards as determined by the City Engineer and the Director of Planning and Building. The amount of the deposit shall be equivalent to the estimated cost of maintaining the open space lots to City standards for a period of six months as determined by the City Engineer. Any unused portion of said deposit could be incorporated into the open space district's reserve at such time as the maintenance of the open space lot is assumed by the open space district. WATER 95. Provide to the City a letter from Otay Municipal Water District indicating that the assessments/bonded indebtedness for all parcels dedicated or granted in fee to the City have been paid or that no assessments exist on the parce]( s). 96. Present verification to the City Engineer in the form of a letter from Otay Water District that the subdivision will be provided adequate water service and long term water storage facilities. 20 Jj--:5 7 EASEMENTS 97. Grant to the City a 10' wide easement for general utility purposes along public street frontage of all open space lots offered for dedication to the City unless otherwise approved by the City Engineer. Ensure to the satisfaction of the Director of Planning and Building that sufficient room is availab]e for street tree planting when locating utilities within this easement. 98. Indicate on the appropriate "B" Map a reservation of easements to the future Homeowners' Association for private storm drain and within open space lots as directed by the City Engineer. Obtain, prior to approval of any final "B" Map, all off-site right-of-way necessary for the installation of the required improvements for that subdivision thereto. The developer shall also provide easements for al] on-site and off-site public drainage facilities, sewers, maintenance roads, and any other public facilities necessary to provide service to the subject subdivision. 99. NotifY the City at least 60 days prior to consideration of the final map by City if off,site right-of-way cannot be obtained as required by the Conditions of approval. (Only off-site right,of, way or easements affected by Section 66462.5 of the Subdivision Map Act are covered by this condition. ) After said notification, the developer shall: a. Pay the full cost of acquiring off-site right,of-way or easements required by the Conditions of Approval of the tentative map. b. Deposit with the City the estimated cost of acquiring said right,of,way or easements. Said estimate to be approved by the City Engineer. c. Have all easements and/or right-of,way documents and plats prepared and appraisals complete which are necessary to commence condemnation proceedings as determined by the City Attorney. d. Request that the City use its powers of Eminent Domain to acquire right-of,way, easements or licenses needed for off-site improvements or work related to the final map. The developers shall pay all costs, both direct and indirect incurred in said acquisition. The requirements of a, b, and c above shall be accomplished prior to the approval of the appropriate Final Map. 100. Grant easements to subsequent owners pursuant to Section 18.20.150 of the City Code on any final map that proposes private utilities or drainage facilities crossing property lines as directed by the City Engineer. 21 JI....;1 ~ 101. Grant to City on the appropriate final "B" Map two foot access easements along the rear and side property line oflots adjoining walls to be maintained by the open space district. The locations of these easements shall be as required by the Director of Planning and Bui]ding and the City Engineer to provide adequate access for maintenance of said walls. ] 02, Storm drain easements shall be private unless the storm drain systems therein are public. 103. Where a private storm drain easement will paralle] a public sewer easement, the easements shall be delineated separately on the final map and on the grading and improvement plans. If any portion of the easements will overlap one another, the City shall have a superior right to the common portion of the easements. AGREEMENTSIFINANCIAL 104. Enter into a supplemental agreement with the City, prior to approval of each final "B" Map, where the developer agrees to the following: a. That the City may withhold building permits for the subject subdivision if anyone of the following occur: (1) Regional development threshold limits set by the adopted East Chula Vista Transportation Phasing Plan have been reached. (2) Traffic volumes, levels of service, public utilities and/or services exceed the threshold standards in the then effective Growth Management Ordinance. (3) The applicant does not comply with the terms of the Reserve Fund Program. b. That the City may withhold building permits for any of the phases of development identified in the Public Facilities Financing Plan (PFFP) for Otay Ranch SPA One if the required facilities, as identified in the PFFP or as amended by the Annual Monitoring Program, have not been completed. c. Defend, indemnify, and hold harmless the City and its agents, officers and employees, from any claim, action or proceeding against the City, or its agents, officers or employees to attack, set aside, void or annul any approval by the City, including approval by its Planning Commission, City Councilor any approval by its agents, officers, or employees with regard to this subdivision provided the City promptly notifies the subdivider of any claim, action or proceeding and on the further condition that the City fully cooperates in the defense. d. Hold the City harmless from any liability for erosion, siltation or increase flow of drainage resulting from this project. 22 /1-3-1 e. Ensure that all rranchised cable television companies ("Cab]e Company") are permitted equal opportunity to place conduit and provide cable television service to each lot on public streets within the subdivision. Restrict access to the conduit to only those franchised cable television companies who are, and remain in compliance with, all of the terms and conditions of the rranchise 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 rrom time to time be issued by the City ofChula Vista. f. Include in the Articles ofIncorporation or Charter for the Homeowners' Association (HOA) provisions prohibiting the HOA from dedicating or conveying for public streets, land used for private streets without approval of 100% of all the HOA members. g. That the City may withhold the issuance of building permits for the Project, should the Developer be determined by the City to be in breach of any of the terms of the Tentative Map Conditions or any Supplemental Agreement. The City shall provide the Developer of notice of such determination and allow the Deve]oper reasonable time to cure said breach. ] 05. Enter into an supplemental agreement with the City prior to approval of the first final "B" Map, where the developer agrees to the following: a. Participate, on a fair share basis, in any deficiency plan or financial program adopted by SANDAG to comply with the Congestion Management Program (CMP). b. To not protest the formation of any future regional impact fee program or facilities benefit district to finance the construction of correctional facilities. SCHOOLS 106. The Applicant shal] deliver to the School District a graded high schoo] site including utilities provided to the site and an all weather access road acceptable to the District prior to issuance of the ] ,40Oth building permit. The all weather access road shall also be acceptable to the Fire Department. This schedule is subject to modification by the School District as based on District facility needs. 107. The Applicant shall deliver to the School District, a graded elementary school site including utilities provided to the site and an all weather access road acceptable to the District, located within Village One, prior to issuance ofthe SOOth residential building permit (150 students) within SPA One. The al] weather access road shall also be acceptable to the Fire Department. This schedule is subject to modification by the School district as based on District facility needs. 23 ¡/--t(o 108. The Applicant shall deliver to the Schoo] District, a graded elementary schoo] site including utilities provided to the site and an all weather access road acceptable to the District, located within Village Five, prior to issuance of the 2,50Oth residential building permit (750 students) within SPA One. The all weather access road shall also be acceptable to the Fire Department. This schedule is subject to modification by the Schoo] District as based on District facility needs. 109. The applicant shall deliver to the School District, a graded elementary school site including utilities provided to the site and an all weather access road acceptable to the District, located west of Paseo Ranchero, prior to issuance of the 4,500th residential building permit (1,350 students) within SPA One. The all weather access road shall also be acceptable to the Fire Department. This schedule is subject to modification by the School District as based on District facility needs. MISCELLANEOUS ] 10. Include in the Declaration of Covenants, Conditions and Restrictions (CC&R's) provisions assuring maintenance of all 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. The CC&R's shall also include language which states that any proposal by the HOA for dedication or conveyance for public purposes of land used for private streets will require prior written approval of ] 00% of all the Homeowners' Association members. I ] 1. Submit copies of Final Maps, grading and improvement plans in a digital format such as (DXF) graphic file prior to approval of each Final Map. Provide computer aided Design (CAD) copy of all Fina] Maps based on accurate coordinate geometry calcu]ations and submit the information in accordance with the City Guidelines for Digital Submittal in duplicate on media acceptable to the City Engineer prior to the approval of each Final Map. 112. Tie the boundary of the subdivision to the California System -Zone VI (1983). 113. The Applicant shall secure approval of a Master Precise Plan for the Village One Core Areas, prior to or concurrent with submitting any development proposals for commercia], mu]ti,fami]y and Community Purpose Facility areas within the Village One Core. 114. Pursuant to the provisions of the Growth Management Ordinance (Section 19.09 of the CVMC) and the Otay Ranch General Development Plan (GDP), the Applicant shall complete the following: (1) Fund the preparation of an annual report monitoring the development of the community ofOtay Ranch. The annual monitoring report will analyze the supply of, and demand for, public facilities and services governed by the threshold standards. An annual review shall commence following the first fiscal year in which residential occupancy occurs and is to be completed during the second quarter of the following fiscal year. The annual report shall adhere to those guidelines noted on page 353, Section D of the GDP/SRP; and (2) Prepare a five year development phasing forecast identifying targeted submittal dates for future discretionary 24 //---1/) ------------.-----...---------.-"--- applications (SPAs and tentative maps), projected construction dates, corresponding public facility needs per the adopted threshold standards, and identifying financing options for necessary facilities. 115. The Developer shall be responsible for retaining a project manager to coordinate the processing of discretionary pennit applications originating from the private sector and submitted to the City of Chula Vista. The project manager shal] establish a formal submittal package required of each developer to ensure a high standard of design and to ensure consistency with standards and policies identified in the adopted SPA Plan. The project manager shall have a well rounded educational background and experience, including but not limited to land use planning and architecture. ] 16. The applicant shall submit copies of any proposed CC&R's for review and approval by the Director of Planning and Building and the City Engineer prior to approval of each final "B" Map. I] 7. The CPF,2 site located within Village One, shall be considered a floating designation and shall be located in Neighborhood R-]5. A schematic project design for this site will be submitted, reviewed and approved by the Director of Planning and Building concurrently with the Precise Plan for this area. ] ] 8. If developer desires to do certain work on the property after approval of the tentative map but prior to recordation of the applicable final "B" Map, they may do so by obtaining the required approvals and permits from the City. The permits can be approved or denied by the City in accordance with the City's Municipal Code, regulations and policies. Said permits do not constitute a guarantee that subsequent submittals (i.e., final "B" Map and improvement plans) will be approved. All work performed by the developer prior to approval of the applicable "B" Map shall be at developer's own risk. Prior to permit issuance, the developer shall acknowledge in writing that subsequent submittals (i.e., final "B" Map and improvement plans) may require extensive changes, at developers cost, to work done under such early permit. Prior to the issuance of a permit, the developer shall post a bond or other security acceptable to the City in an amount determined by the City to guarantee the rehabilitation of the land ifthe applicable final "B" Map does not record. I] 9. Slopes in excess of 2 feet above the adjacent curb elevation of residential streets shall be landscaped in accordance with the City of Chula Vista landscape manual and approved by the Director of Planning and Building. The slope areas shal] be within open space lots that shall be maintained by a Homeowners Association. This slope landscaping/open space lot requirement shall apply to the front and side yard areas of individual residential units, including the return portion of comer lots as well. The open space lot boundary shall extend to a logical break in maintenance responsibility such as a driveway, a utility pad or other physical demarcation. PHASING 25 }/;-fJ' ]20. If the applicant modifies the SPA One approved phasing plan, the applicant shall submit to the City a revised phasing plan for review and approval prior to approval ofthe first final "B" Map. The PFFP shall be revised where necessary to reflect the revised phasing plan. 121. If phasing is proposed within an individual map or through multip]e final maps, the developer shall submit and obtain approval for a development phasing plan by the City Engineer and Director of Planning and Building prior to approval of any final map. Improvements, facilities and dedications to be provided with each phase or unit of development shal] be as determined by the City Engineer and Director of Planning and Building. The City reserves the right to require said improvements, facilities and/or dedications as necessary to provide adequate circulation and to meet the requirements of police and fire departments. The City Engineer and Director of Planning and Bui]ding may, at their discretion, modify the sequence of improvement construction should conditions change to warrant such a revision. 122. The Public Facilities Finance Plan or revisions thereto shall be adhered to for the SPA and tentative map with improvements installed in accordance with said plan or as required to meet threshold standards adopted by the City ofChula Vista. The PFFP identifies a facility phasing plan based upon a set of assumptions concerning the location and rate of development within and outside of the project area. Throughout the build,out of SPA One, actual development may differ from the assumptions contained in the PFFP (i.e., the development of EastLake III). Neither the PFFP nor any other SPA One document grant the Applicant an entitlement to develop as assumed in the PFFP, or limit the SPA One's facility improvement requirements to those identified in the PFFP. Compliance with the City of Chula Vista threshold standards, based on actual development patterns and updated forecasts in reliance on changing entitlements and market conditions, shall govern SPA One development patterns and the facility improvement requirements to serve such development. In addition, the sequence in which improvements are constructed shall correspond to any future Eastern Chula Vista Transportation Phasing Plan or amendment to the Growth Management Program and Ordinance adopted by the City. The City Engineer may modify the sequence of improvement construction should conditions change to warrant such a revision. Concurrent with the approval of the first final map approved after the PFFP for the EastLake III GDP Area, the Applicant shall update, at the Applicant's expense and subject to a Reimbursement Agreement, the SPA One PFFP and agrees that the City Engineer may change the timing of construction of the public facilities, including without limitation, the nature, sizing, extent and timing for the construction of public facilities caused by SPA One, which shall become a condition for all subsequent SPA One entitlements, including tentative and final maps. CODE REQUIREMENTS 123. Comply with all applicable sections of the Chula Vista Municipal Code. Preparation of the Final Map and aI] plans shall be in accordance with the provisions of the Subdivision Map Act and the City ofChula Vista Subdivision Ordinance and Subdivision Manual. 26 ///"IJ' 124. Underground al] utilities within the subdivision in accordance with Municipal Code requirements. ]25. Pay the following fees in accordance with the City Code and Council Policy: a. The Transportation and Public Facilities Development Impact Fees, b. Signal Participation Fees. c. All applicable sewer fees, including but not limited to sewer connection fees. d. Interim SR-125 impact fee. e. Telegraph Canyon Sewer Basin DIF. f. Poggi Canyon Sewer Basin DIF as may be adopted by the City in the future. g. Telegraph Canyon Basin Drainage DIF. h. Reimbursement District for Telegraph Canyon Road Phase 2 Undergrounding. 1. Otay Ranch Reserve Fund fee. J. Pedestrian Bridges Development Impact Fee Pay the amount of said fees in effect at the time of issuance of building permits. 126. Comply with all relevant Federal, State, and Local regulations, including the Clean Water Act. The developer shall be responsible for providing all required testing and documentation to demonstrate said compliance as required by the City Engineer. 127. Ensure that prospective purchasers sign a "Notice of Special Taxes and Assessments" pursuant to Municipal Code Section 5.46.020 regarding projected taxes and assessments. Submit disclosure form for approval by the City Engineer prior to Fina] Map approval. 128. Comply with Council Policy No. 570-03 if pump stations for sewer purposes are proposed. 129. Comply with Council Policy No. 522-02 regarding maintenance of natural channels within open spaces. 130. The applicant shall comply with all aspects of the City ofChula Vista Landscape Manual. 27 Ij" ¥ if 131. All proposed development shall be consistent with the Otay Ranch SPA One Planned Community District Regulations. 132. The Applicant shall comply with Chapter 19.09 of the Chula Vista Municipal Code (Growth Management) as may be amended from time to time by the City. Said chapter includes but is not limited to: threshold standards (19.09.04), public facilities finance plan implementation (19.09.090), and public facilities finance plan amendment procedures (19.09.100). The applicant acknowledges that the City is presently in the process of amending its Growth Management Ordinance to add a proposed Section 19.09.105, to establish provisions necessary to ensure compliance with adopted threshold standards (particularly traffic) prior to construction of State Route 125. Said provisions will require the demonstration, to the satisfaction of the City Engineer, of sufficient street system capacity to accommodate a proposed development as a prerequisite to final map approval for that development, and the applicant hereby agrees to comply with adopted amendments to the Growth Management Ordinance. 133. Upon submittal ofbui]ding plans for small lot single family (5,000 square feet or less as defined in the City of Chula Vista Design Manual) residential development, plans shall clearly indicate that 750 square feet of private open space will be provided within the subdivision. 134. Development of the subdivision shall comply with all applicable regulations established by the United States Environmental Protection Agency (USEPA) as set forth in the National Pollutant Discharge E]imination System (N ,P.D .E.S.) permit requirements for urban runoff and storm water discharge and any regulations adopted by the City of Chula Vista pursuant to the N.P.D.E.S. regulations or requirements. Further, the applicant shall file notice of intent with the State Water Resources Control Board to obtain coverage under the N.P.D.E.S. General Permit for Storm Water Discharges Associated with Construction Activity and shall implement a Storm Water Pollution Prevention Plan (SWPPP) concurrent with the commencement of grading activities. The SWPPP shall include both construction and post construction pollution prevention and pollution control measures and shall identify funding mechanisms for post construction control measures. GUARDED AREAS 135. The following locations as proposed by the applicant are authorized for guarded entrances: Santa Alicia Drive and Santa Rita in Village One, Phase Seven. ] 36. Guarded entrances shall not have physical barriers. Guarded entrances shall be staffed from dusk until dawn, unless the MHOA or the applicant determines it is economically impractical. Physical barriers shall be prohibited at the entrances to guarded areas unless specifically approved by City Council. 28 ) /, 1j,S- ] 3 7. All streets within guarded areas shall be designated as private. Design of said streets shall meet the City standards for public streets unless otherwise approved by the City Engineer. Private street cross sections shall conform to those shown on the Tentative Map. 138. All private streets within Final "B" Maps shall be included in separate lots. The applicant shall provide a certificate granting to the City a public utility easement over the entire private street lots on the appropriate Final "B" Map. All private streets shall be owned as an equal and undivided interest by each subsequent property within the subdivision. 139. Guarded entrances shall: a. Require approval by the City Engineer and the Director of Planning and Bui]ding. b. Provide sufficient room on the private roadway to queue without interrupting traffic on public streets. c. Provide a turn around. The size and location of said turn around shall be approved by the City Engineer. d. Provide a clearly delineated border between public and private streets through the use of distinctive pavements, e. Provide a dedicated parking space for the gate attendant to be shown on appropriate grading and/or improvement plans, f. Be equipped with a video camera to record entering and exiting vehicles. 140. The CC&R's shall prohibit "speed bumps" on private streets. The CC&R's shall also include language which states that any proposal by the HOA to allow "speed bumps" in the future shall require prior written approval of ] 00% of all the Homeowner's Association members. 141. Establish Homeowners Associations (HOA) to provide for the maintenance of private storm drains, private open space lots, slope areas, landscape and irrigation and walls within each subdivision prior to the approval of the associated Final "B" Maps and include such requirements in the CC&R's. 142. Prior to approval of any "B" Map proposing private streets, the applicant shall initiate and complete the process enabling the City to enforce the California Vehicle Code on said private streets. 143. The MHOA shall be responsible for the maintenance and operation of all facilities within the common areas and streets behind the guarded entrance and such responsibility shall be included in the CC&R's. The facilities to be maintained include, but are not limited to, pavements, sidewalks, street trees, street lights including energy, street sweeping, private drainage facilities and landscaping 29 11-1 ¿ of private common areas. The only facilities to be maintained by the City are mainline sewers and public concrete drainage facilities (Le" pipes and catch basins). 144. Future property owners shall be notified during escrow, by a document to be initialed by the owners, and approved by the City Engineer and Director of Planning and Building, of the maintenance responsibilities of the MHOA and their estimated annual cost. ] 45. The applicant shall comply with all previous Agreements as they pertain to the tentative map, including but not limited to: Maintenance Agreements, Financing Agreements, and the Supplemental Subdivision Improvement Agreement for previously approved Village One "A" Map (Map thereof No. 13592, Resolution No. ]9044) and subsequent "B" Map Agreements thereto. H:ISHAREDIPHASE7TM .DRS 30 II --/7 . , , \ \ , \ , ::J \ !\ / I \ \\ \ PROJECT LOCATION TWO \ \ \ \ C HULA VISTA PLANNING AND BUILDING DEPARTMENT LOCATOR ~: Olay Ranch Company PROJECT DESCRlPTlOII: C) REVISED TENTATIVE MAP PROJECT Otay Ranch Request Proposal fur the Increase In Single Family units, ADDRESS: Village 1, Phase 7 the decrease of Mu~amlly units, and the decrease of CPF. SCALE: ALE NUMBER: /;-.t¿I f{ ATTACHMENT NORTH No Scale PCS-96-04A 1 h:\homelplanning\carlos\locatorslpcs9604a.cdr 12/1/98 'THE 0"1'i OF C:-roLA V1SïA DlSŒ.DSlJRE STATEMBoiT y 01J are n::quiJ--d to fil~ 2 Statement of DisdOSDTC of c:::-..ai:1 own::rship Dr fman=ia1 ÎD~=>.£. paym=nrs, or campaign a¡ntn"butio~ on all ma!t::s WÏlià1 will rc:¡uiJ: dis=tiO¡¡¡¡ry .::i01l on th~ pan of th~ Ory CDun::l, PJanning CommissioI:, anè aU olh=r offi::i.aJ bodies. Tœ following intOImatioD mllS1 be 1ÌÎS::ÌC=::: 1. Us': tœ Dam<=> of aJl pasons bzvìng a financ:ia.I in= in the proI='Y whidl is the subj= of the appli::ation or the ~L~ c.g... own:::, appIicmt, ==r, subcont=r, matc,;a] suppIi=. Village Development The Otay Ranch, L.P. '- IfatlYpc:son- jò...mñ-lI p=t to (1) above is a ...... pœation or pannCIShip, list the = of an indMduals owning mOl: than 10% of the shan:s in the COIpOüItion or owning atIY pann--ship int=t in the pann=1úp. Cames P. Baldwin ;~freð E. Balðwin -. If aDY pawns idcntiñcd pum:ant 10 (1) 2baY:: is lIcm-profit DIpTli=rinu or a uus-" :fist !he 1ImICS of aDY pc:mm s:::ving as dircam of the DDD-pmfu mpnization or as = or bcncliéaIy or = of the U1JS1.. ' .1'/1:. 4. Hzve you bad mon: than S25D worth of busincss lP"""'"''''' with auy mcmbc:r -of the City sWf, BoardS, CommissioIIs, Cmmnittecs, and QnmåI withiJ¡ the past twc!v: mnn'nc? Ycs_ NoXX Ify:s, pk:asc iDdi"""" pe¡son(s): 5. PI= identify cad1 aDd every pc:sol:. inc:JuåÌI1g any ag=nts, employ=, c:¡nsultants, Dr ÌI1åcpcIldcnt èon= who you Dave 2SSÏpcd 10 rcpn:scnt you before the City iD this matlC'. Kim John Kilkenny Ranie Hunter Robet Came=on James Balè.~in !:ent Aden Alfred Balèw-in 6. F..av: you and/or your offi= or ag=nIS, ÌI1 th" aJ:o"T'C~tc. conmòutcd more than Sl,IXXJ to a Councilm=bcr ÌI1 the :::lITO! or prcc::dÌI1g cl=ïon period? Ycs_ No-=.. Ify::s, SIate which Counci1m:::nbcr(s): Dat=: . . . (NOTE: An2ch additional pages ~___]'];i. . January 14,1997 . /~./ I Signa~ of aJntr.loor!appliC2llt J/;~~ Kim John Kilkenny, Vice P~esiàent Print or type name of aJntraoorlappiic:ant . p~ad.rfin:=tz: ·AI'!J·~~c.o-~.join:ft:mW':, I '-';~~~jrtzzrm4I_._ :......:-:,corpon=ÏDr..c::r.azt,Þm;,rc::::M:-~~ dù; tznJi œIJ' œ.c CPIIrI9'. cUr lINi """""1. ciIy~; diszril::. '" oW: poii:iaU~!"!. rr ""! tJfha I""'P '" ~ øain£ ø < "",,-' . . ATTACHMENT 3 ' COUNCIL AGENDA STATEMENT ITEM No. / ~ MEETING DATE 05/04/99 ITEM TITLE: A) RESOLUTION / '77'r9 APPROVING ìHE CONSOLIDATED ANNUAL PLAN FOR FY I 999'00 INCLUDING BOìH ìHE FY I 999-00 COMMUNflY DEVELOPMENT BLOCK GRANT (CDBG> PROGRAM AND HOME INVESTMENT PARTNERSHIP (HOME) PROGRAM BUDGETS AND AUTHORIZING ìRANSMrTTAL TO ìHE U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT (HUm REVIEWED By: /'7~.5ð REALLOCAìlON OF $269,876 FROM PRIOR YEAR COMMUNflY DEVELOPMENT BLOCK GRANT FUNDS TO INCORPORATE IN TIiE FY 1999-00 ENTTILEMENT RECEIVED FROM HUD COMMUNITY DEVELOPMfì\I~ECTOR(£" C;, CITY MANAGE~'0\~ \ . u ---r (4/5TH VOTE: YES_ No_X_> B) RESOLUTION AUTHORIZING SUBMITTED By: The City Council held a public hearing on April 13, 1999 to review and receive public comment on projects and programs being considered for CDBG and HOME funding. The 30 day comment period to review the draft Consolidated Annual Plan began on April 3, 1999 and ended on May 3, 1999. All public comments received by staff during the 30 day comment period have been considered and, if deemed appropriate, integrated into the final version of the Consolidated Plan. Staff is recommending that the City Council approve the Consolidated Annual Plan which includes staff recommendations for both the CDBG and HOME programs for 1999,00. These recommendations can be found in the Consolidated Annual Plan attached as Exhibit A and is also described in this report. The City of Chula Vista is eligible to receive $2,020,000 in CDBG entitlement funds from the U.S. Department of Housing and Urban Development (HUD) for 1999,00. In addition to the HUD entitlement, staff has identified $269,876 in prior year CDBG funds that are eligible for reallocation for a CDBG total of $2,289,876, The City is also eligible to receive $843,000 in HOME funds from HUD. Combining both CDBG and HOME entitlements, the City will be able to invest into the community a grand total of $3,132,876 for 1999,00. /02-/ PAGE 2, ITEM No. MEETING DATE 05/04/99 Consolidated Annual Plan HUD requires all jurisdictions submit a Consolidated Annual Plan which is a component of the 5,year Consolidated Plan. The 5,year Consolidated Plan approved by Council in 1995 is a planning document that identifies Chula Vista's overall housing and community development needs, outlines a five'year strategy to address those needs, and describes a one'year action plan for the expenditure of all federal HUD funds. For the City of Chula Vista these programs include the Community Development Block Grant (CDBG) program and HOME Investment Partnership (HOME) program. Per HUD regulations, the City must hold a 30,day comment period for the public to review the Consolidated Annual Plan and make comments or suggest changes. This 30,day period began April 3,1999 and ended on May 3,1999. A public notice was published in a local newspaper which notified the public of the process That the City Council adopt the resolution 1) approving the Consolidated Annual Plan for fiscal year 1999,00, including both the Community Development Block Grant (CDBG) and HOME Investment Partnership (HOME) program budgets and authorizing transmittal of the Consolidated Annual Plan for fiscal year 1999,00 to the U.S. Department of Housing and Urban Development (HUD); and 2) authorizing reallocation of $269,876 from prior year CDBG funds to incorporate in the 1999,00 CDBG entitlement from HUD. A CDBG Ad,Hoc Committee consisting of members from the Economic Development Commission, Housing Advisory Commission and the International Friendship Commission have reviewed the CDBG public service funding requests and have made funding recommendations (see Exhibit B). The committee's recommendations are also included in this staff report when the individual public service funding requests are discussed. For the 1999,00 CDBG program, the City of Chula Vista is eligible to receive a CDBG entitlement of $2,020,000. In addition to the entitlement amount, staff has identified $269,876 in prior year CDBG funds which are eligible for reallocation for a CDBG total of $2,289,876. The prior year funds have accumulated from completed programs and projects and need to be reallocated. The total amount of CDBG funding requested, which includes all funding requests from community organizations and the City is summarized as follows: Public Service Requests Community Project Requests Economic Development Requests Capital Improvement Project Requests Administration & Planning Requests $418,134 $272,500 $236,292 $1,616,791 $511,951 $3,055,668 Total Requests ),)-2 PAGE 3, ITEM No. MEETING DATE 05/04/99 In order to be eligible for block grant funding, a project or service must address at least one of the CDBG national objectives which are: 1) Benefit primarily low and moderate income families; 2) aid in the prevention or elimination of slums or blight; and 3) meet other community needs having a major emergency (disasters, etc.). Please note that substantial detail on all of the components of the CDSG and HOME budQets is provided in the CDSG Notebook that was distributed to Council for the April 13. 1999 public hearinQ. Publie Service Funding Requests The City received seventeen (17) eligible requests for public service funding totaling $418,134, The City may allocate up to $343,481 for public service organizations, based on a 15 percent cap of the entitlement and reallocated funds. All of the funding requests from public service organizations are CDBG,eligible as they meet the national objective to primarily benefit low income families. A CDBG Ad,Hoc Committee consisting of members from the Economic Development Commission, Housing Advisory Commission and the Intemational Friendship Commission reviewed the public service funding requests and made their funding recommendations. Staff has identified the Ad,Hoc Committee funding recommendations based on the HUD entitlement of $2,020,000. Methodology for Making Funding Recommendations. In developing staff recommendations, the following principles were utilized: 1. The recommendations of the CDBG Ad-Hoc Committee constituted a valuable guide in assisting staff make funding recommendations and is the starting point for consideration of funding. 2. Recommended funding levels for public services should not be below levels that make the offered CDBG, eligible activities infeasible, 3. Funding preferences should go to programs which best meet the criteria of providing new services to Chula Vista, providing services from a local base. collaborating efforts, reduced funding requests. and have a successful track record in providing services and expenditure of grant funds. The above principles were utilized as follows: 1. Staff used last year's approved funding level for each program as an initial basis from which to make recommendations. 2. Staff took into account the recommendations of the CDBG Ad,Hoc Committee. However, Council will be taking into consideration the funding recommendations of staff. 3. As per Council direction, staff gave priority to locally-based organizations which are proposing to primarily serve Chula Vista residents, collaborating agencies, and agencies requesting reduced funding so as not to become dependent upon continual CDBG funding. Funding Recommendations. All of the programs requesting funds are identified below. The information provided includes the amount of funds requested, the prior year funding level, the CDBG Ad,Hoc Committee recommendation, and staff funding recommendation. If a program is recommended for funding, then staff has determined that it is a viable program at the recommended funding level. j..2 -3 PAGE 4, ITEM No. MEETING DATE 05/04/99 Please note that the CDBG Budget Notebook previously provided to the Council contains detailed information about the requesting organizations and their programs. The following requests are in order as outlined in the CDBG Notebook under Public Service Requests. The maximum allowable for allocation is $343,481, Staff recommends budgeting a total of $342,734 which represents approximately 14.96% of the CDSG entitlement. The Public Service category has a mandated funding cap of 15%. Public Service Requests Amount Requested $15,000 New Request Ad,Hoc Committee Recommendation $5,400 Staff Recommendation $5,400 Staff recommends $5,000 in funding. Since this is a new request, staff encourages funding this program and will monitor how this agency provides services to the community and the expenditure of CDBG funds. Chula Vista Aquatic Association The Ad,Hoc Committee recommendation is based on CV AA outlining this amount as a budget deficit in meeting their budget goals. Chula Vista Youth Services Network Amount Requested $128,000 Prior Year Funding $112,198 Ad,Hoc Committee Recommendation $119,000 Staff Recommendation $119,000 Staff recommends $119,000 in funding this year which represents an increase of $6,802 over last year. In addition, this program continues to collaborate with other agencies and provides a high level of service to the community. The Ad,Hoc Committee recommended funding this program at $119,000 and liked the idea of collaborating agencies and the type of services provided, Amount Requested $50,000 New Request Ad,Hoc Committee Recommendation $25,000 Staff Recommendation $25,000 Staff recommends funding this program in the amount of $25,000 since this is a new request and a collaborative effort between Sharp, Scripps, and the Chula Vista Elementary School District. Sharp HealthCare Foundation Mobile Health Care Clinic The Ad,Hoc Committee also recommended $25,000 in funding and felt this was a worthwhile program. The Committee also stated that Sharp HealthCare Foundation should be soliciting funds from sources other than CDBG. /02 ~i PAGE 5, ITEM No. MEETING DATE 05/04/99 Public Service Requests The Childrens Literary Review Amount Requested $4,000 New Request Ad,Hoc Committee Recommendation $2.000 Staff Recommendation $0 Staff does not recommend funding this program since it is unclear how many Chula Vista youth will be served by this program, The Ad,Hoc Committee recommends funding this program at $2,000 and did not feel the use of COBG funds is appropriate for this program. Amount Requested $16,000 Prior Year Funding $12,000 Ad,Hoc Committee Recommendation $14,000 Staff Recommendation $14,000 Staff recommends funding this program in the amount of $14,000 which is an increase of $2,000 over last year's funding. Staff would like to recommend that Meals on Wheels and St. Charles Nutrition meet to discuss the possibility of a collaboration, Meals on Wheels Greater San Diego The Ad,Hoc Committee felt this program to be very cost efficient and made note of the need in the community. Amount Requested $9,034 Prior Year Funding $2,500 Ad,Hoc Committee Recommendation $4,500 Staff Recommendation $4,500 Staff recommends $4,500 in funding for this program which reflects an increase of $2,000 over last year's request. Staff recommends that St. Charles Nutrition meet with Meals on Wheels to discuss the possibility of a collaboration for next year. SI. Charles Nutrition Center The Ad, Hoc Committee also recommended $4,500 in funding and commented that request of $9,034 to provide a breakfast component to their program was not cost effective. Amount Requested $4,000 Prior Year Funding $4,000 Ad,Hoc Committee Recommendation $4.000 Staff Recommendation $4,000 Both staff and the Ad, Hoc Committee recommended full funding for this program since they have not requested additional funds for this program in many years, Lutheran Social Services Shared Housing J:2~5 --,---~-_.,"_..,-_._._._-----_.,..__..---,..-. PAGE 6, ITEM No. MEETING DATE 05/04/99 Public Service Requests Amount Requested $12,000 Prior Year Funding $7,000 Ad,Hoc Committee Recommendation $12,000 Staff Recommendation $12,000 Staff recommends funding this program at $12,000 which represents an increase of $5,000 over last year's funding. This program is much needed in the community since it provides a day,care facility for elderly and mentally ill patients. Adult Protective Services The Ad,Hoc Committee recommended $12,000 for this program since the funds are used to provide direct services in the form of Handy Trans vouchers for the patients enrolled in the facility, County of San Diego Cold Weather Shelter Voucher Program Amount Requested $8,318 Prior Year Funding $8,318 Ad,Hoc Committee Recommendation $7,000 Staff Recommendation $8,318 Staff recommends full funding for this program since it provides a direct benefit to the community by providing vouchers to homeless individuals. In addition, the amount of benefit received far exceeds the amount of funding. The Ad,Hoc Committee supported this program but not at the requested level of funding. Lutheran Social Services Project Hand Amount Requested $12,000 Prior Year Funding $12,000 Ad,Hoc Committee Recommendation $11,000 Staff Recommendation $12,000 Staff recommends full funding for this program since the level of services provided are cost effective to the number of Chula Vista residents served. In addition, this program has maintained this level of service without increasing the funding request. The Ad, Hoc Committee recommended $11,000 for this program and noted the cost effectiveness. Amount Requested $34,840 Prior Year Funding $33,000 Ad, Hoc Committee Recommendation $34,840 Staff Recommendation $34,840 Staff and the Ad,Hoc Committee recommend full funding for this program due to the collaborative effort of the various agencies while maintaining a similar level of funding. Chula Vista Family Violence Prevention & Intervention Coalition J.2'-~ PAGE 7. ITEM No. MEETING DATE 05/04/99 Public Service Requests Amount Requested $10,000 Prior Year Funding $4,000 Ad,Hoc Committee Recommendation $8,000 Staff Recommendation $8,000 Staff recommends funding this program at $8,000 which represents an increase of $4,000 over last year's funding level. Thursdays Meal The Ad,Hoc Committee also recommended $8,000 due to the increased number of sites the agency serves. Amount Requested $9,676 New Request Ad,Hoc Committee Recommendation $8,820 Staff Recommendation $9,676 Staff recommends funding this program at the requested funding level. This is a new program and will serve as a catalyst for reducing violence in the City's multi,family rental apartments. Chula Vista Police Department Crime Free Multi Housing Program The Ad,Hoc Committee also saw the need for this program, however, felt that the General Fund could absorb a portion of the program costs and recommended funding in the amount of $8,820. Amount Requested $35,440 Prior Year Funding $25,000 Ad-Hoc Committee Recommendation $35,440 Staff Recommendation $26,174 Staff recommends funding this program at $26,174 which is an increase of $1, 174 over last year's budget. Chula Vista Therapeutic Program The Ad,Hoc Committee recommended full funding for this program based on the level of services provided to the handicapped community. International Christian Center Samaritan Program & Services Amount Requested $10,000 New Request Ad,Hoc Committee Recommendation NA Staff Recommendation $0 Staff does not recommend funding for this program since it is duplicative of Thursday's Meal. The Ad,Hoc Committee did not consider this funding request since it was unclear if the agency was an established 501 (c)3 non-profit organization. J2~7 PAGE 8, ITEM No. MEETING DATE 05/04/99 Public Service Requests Chula Vista Literacy Team Center Amount Requested $12,000 Prior Year Funding $14,000 Ad,Hoc Committee Recommendation $12,000 Staff Recommendation $12,000 Staff and the Ad,Hoc Committee recommend full funding for this program since the funding requests have continued to decline as outlined in the Policies and Procedures adopted by Council. Otay Recreation Center Amount Requested Prior Year Funding Ad,Hoc Committee Recommendation Staff Recommendation $47,826 $64,563 $0 $47,826 Staff recommends funding this program in the amount of $47,826 since this is a new funding request. The Ad,Hoc Committee did not recommend funding this program with COBG funds. The Committee felt the General Fund should support this program. Community Project Requests The six (6) Community Project requests total $272,500 and include the following type of activities: [a] neighborhood revitalization/interim assistance and [b] special activities by community,based development organizations. Staff recommends budgeting a total of $179,000 which represents 7.8% of the total CDBG budget. There is not CDBG funding cap for this category. All of the funding requests are included in the COBG Notebook under Community Projects and are summarized as follows: Neighborhood Revitalization/Interim Assistance Lutheran Social Services Caring Neighbor Amount Requested $24,000 Prior Year Funding $23,835 Staff Recommendation $24,000 Staff recommends funding this program at $24,000. The Caring Neighbor Program provides a much needed service in the community and works closely with staff to provide minor home repairs to seniors. South Bay Community Services Graffiti Eradication Amount Requested $37,000 Prior Year Funding $30,000 Staff Recommendation $30,000 Staff recommends funding this program at the current level of funding, The graffiti program provides assistance to the community in an effort to eradicate graffiti. J;¿ --g/ PAGE 9, ITEM No. MEETING DATE 05/04/99 Neighborhood Revitalizationllnterim Assistance Amount Requesled $76,500 Prior Year Funding $50,000 Staff Recommendation $60,000 Staff recommends funding this program at $60,000 which is an increase of $1 0,000 over last year's budget. The program develops collaborative relationships with neighbomood based groups for correcting Code violations and to fix,up and clean,up their neighbomoods. City of Chula Vista Community Preservation Program labor's Community Service Ageney Amount Requested $50,000 New Req uest Staff Recommendation $0 Staff does not recommend funding this program based on the high cost of providing security devices in the homes of day,care operators. Amount Requested $10,000 New Req uest Staff Recommendation $0 Staff does not recommend funding this program since Chula Vista volunteers are in the process of creating a local chapter to assist Chula Vista residents with rehabilitation, Christmas In April Greater San Diego Community Based Development Organization Amount Requested $75,000 Prior Year Funding $65,000 Staff Recommendation $65,000 Staff recommends funding this program at the current level of funding. The Community Development program through SBCS provides affordable housing opportunities throughout the City. South Bay Community Services Community Development Program /;2-9 PAGE 10, ITEM No. MEETING DATE 05/04/99 Economic Development Requests The five (5) Economic Development requests total $236,292 and include the following type of activities [a] job training; [b] micro,loan program; and Ic] business retention and expansion. Staff recommends budgeting a total of $142,500 which represents 6% of the total CDBG budget. There is not a funding cap for this category. Southwestern College South County Career Center Amount Requested $24,000 Prior Year Funding $16,000 Staff Recommendation $16,000 Staff recommends maintaining the current level of funding. The South County Career Center provides job training and placement services to Welfare to Work clients. South Bay Community Services Teen Center Amount Requested $26,500 Prior Year Funding $26,500 Staff Recommendation $26,500 Staff recommends funding this program at the requested level. The Teen Center provides youth employment training through the KIDZBIZ program. Youth are taught the essentials of operating a business. Amount Requested $30,792 Prior Year Funding $5,000 Staff Recommendation $5,000 Staff recommends funding this program at the current level of $5,000, As outlined in the quarterly reports submitted by the Chicano Federation there have not been any loans made to,date. Chicano Federation Micro Loan Program Community Development Department Business Outreach/Retention Specialist Amount Requested $55,000 New Request Staff Recommendation $55,000 Staff recommends funding this program at the requested $55,000. This position will assist the City in providing outreach and retention expertise to our existing businesses. Amount Requested $100,000 Subsequently Revised to $50,000 New Request Staff Recommendation $40,000 Staff recommends funding this program in the amount of $40,000, With the success of BECA, staff would like to see more fund raising activities to bring in additional sources of funding support. Border Environmental Commerce Alliance /;2 -/0 PAGE I I , ITEM No. MEETING DATE 05/04/99 Capital Improvement Program Requests The capital improvement program category includes both non-profit and City requests. The non,profit capital improvement requests total $157,500 and the City capital improvement requests total $1,459,291 for a total funding request of $1 ,616,791. Staff recommends budgeting a total of $1,185,841 whieh represents 51.7% of the total CDBG budget. The CIP program category does not have a funding cap limit. Non Profit CIP Requests Amount Requested $52,500 New Request Staff Recommendation $26,250 Staff recommends funding for the rehabilitation in the amount of $26,500 with the Boys & Girls Club applying for the balance next program year. Feaster-Edison Charter School Playground Renovation Amount Requested $80,000 New Request Staff Recommendation $0 Boys & Girls Club of Chula Vista HVAC and Kitchen Renovation This request is being considered under the City CIP requests, therefore staff does not recommend funding through the non-profit CIP category. South Bay Family YMCA Fourth Avenue Improvements Amounl Requested $25.000 New Request Staff Recommendation $25,000 Staff recommends funding the improvements to the Fourth Avenue center. This building is in need of repair. City CIP Requests Drainage Improvements Tobias and Glenhaven Way Amount Requested $534,000 Staff Recommendation $330,000 Staff recommends funding a portion of this project this year with the remaining funds in subsequent years. This project involves the construction of dual storm drain pipes on First Avenue and the construction of new drainage facilities upstream of the channel across Tobias Drive. Restroom Construction Otay, Los Ninos and Greg Rogers Park Amount Requested $119,000 Staff Recommendation $119,000 Staff recommends full funding for this project. The restroom facilities at these parks are not ADA accessible and cannot be renovated due to the limited size. Connoley Park Renovation Amount Requested $176,895 Staff Recommendation $176,895 Staff recommends funding this project. Connoley Park is approximately 25 year old and was a turn,key park. The turf, slopes, and playground equipment is in need of renovation. /:2-// PAGE 12, ITEM No. MEETING DATE 05/04/99 City CIP Requests Feaster-Edison Playground Renovation Amount Requested $214,000 Staff Recommendation $151,000 Staff recommends funding this project. The Chula Vista Elementary School District has requested a joint venture with the City to improve the playground amenities at Feaster,Edison Charter School. The scope of the work includes turfing and installing an irrigation system on two acres; instailation of pathways; landscaping and playground equipment. Amount Requested $60,000 Staff Recommendation $60,000 Staff recommends funding this project. The playground equipment needs to be replaced. Most has deteriorated to a point that it is unsafe and unusable. Playground Equipment Renovation - Citywide Parkway Street Light Replacement Central Chula Vista Amount Requested $57,700 Staff Recommendation $0 Staff does not recommend funding this project this year. This item wiil be resubmitted for consideration next program year. Orange Avenue Sidewalk Improvements Amount Requested $199,000 Staff Recommendation $199,000 Staff recommends funding this project which is part of the Sidewalk Safety Program and provides for the construction of sidewalk facilities in the Montgomery Area. The project is located on the north side of Orange Avenue, between Fifth and Fourth Avenue. ADA Curb Cuts Amount Requested $50,000 Staff Recommendation $50,000 Staff recommends funding this project which provides for the construction of concrete wheelchair ramps at an estimated 50 locations throughout the City on an annual basis, Amount Requested $48,696 Staff Recommendation 48,696 Funds for this project were received through a Section 108 loan approved by HUD. This amount will be budgeted for five years to repay the principal and interest for the loan. Otay Recreation Center 108 Loan Repayment /.2 ~/oZ PAGE 13. ITEM No. MEETING DATE 05/04/99 Administration and Planning The following requests total $511,951 are in order as outlined in the CDBG Notebook under Administration & Planning Requests. The maximum allowable for allocation is $457,975. Staff recommends budgeting a total of $439,801 which represents 19.2% of the total CDSG budget. The Administration & Planning category has a mandated funding cap of 20%. Administration Requests South Bay Family YMCA Human Services Council Amount Requested $28,000 Prior Year Funding $28,000 Staff Recommendation $28,000 Staff recommends funding this program in the amount requested since the Human Services Council develops coalitions between the communities of human service providers to effectively utilize personnel and programs and serve as a catalyst to bring local government, private industry and business organizations together to address and resolve the communities needs. South Bay Community Services Office Rent Amount Requested $71,885 Prior Year Funding $71,885 Staff Recommendation $29,735 Staff recommends funding this request from the following sources: $29,735 from COBG and the balance of $42,150 from the HOME budget Re9ional Task Force on the Homeless Amount Requested $1,000 Prior Year Funding $1,000 Staff Recommendation 1,000 Staff recommends funding this program since the Regional Task Force provides local agencies information on the homeless population, Amount Requested $9,912 New Request Staff Recommendation $9,912 This position provides information and referral services to community members, prepares quarterly statistical information on social service agencies and acts as a community liaison with other agencies. Library and Recreation Department Information & Referral Specialist Amount Requested $30,000 Prior Year Funding $15.000 Staff Recommendation $0 Staff recommends not funding this position from COBG since the COBG Administrator has assumed the duties previously carried out by the Human Services Coordinator. Library and Recreation Department Human Services Coordinator 102--/5 PAGE 14, ITEM No. MEETING DATE 05/04/99 Administration Requests Fair Housing Council of San Diego Amount Requested $38,000 Prior Year Funding 38,000 Staff Recommendation $38,000 Staff recommends full funding for this program since the Fair Housing Council assists lhe City in providing fair housing opportunities, responds to resident's concems, and provides landlord,tenant counseling, Amount Requested $270,254 Prior Year Funding $260,000 Staff Recommendation $270,254 Staff recommends funding for the administration of the CDBG program in the amount of $270,254. These funds are used to administer all aspects of the CDBG program including prevailing wage, minority and women business enterprise (MBElWBE) review, subrecipient monitoring, budgeting, etc. City Staff Administration Planning Requests Resurfaeing Pool Decks Loma Verde Pool· Phase I $15,400 Staff Recommendation $15,400 Staff recommends funding this project to renovate the deteriorated decks at Loma Verde and Parkway Pools. Phase I is the design and planning stage of the program. Street Improvements Tobias Drive, Oxford Street to Orlando Court $30,000 Staff Recommendation $30,000 Staff recommends funding this project which involves the construction of missing street improvements and street widening, CDBG funds will be used for the initial planning and design. Street Improvements· Dixon Drive $17,500 Staff Recommendation $17,500 Staff recommends funding this project to improve the street on Dixon Drive. CDBG funds will be used for the planning and design phase. /02-;( PAGE 15, ITEM No. MEETING DATE 05/04/99 HOME PROGRAM BUDGET The City will receive $843,000 in HOME funds from HUD for FY 1998,99. HOME funds may be used to provide affordable rental housing and ownership opportunities through new construction, acquisition, rehabilitation, and tenant-based rental assistance. Over the past five,years the City has used these funds to support new construction and acquisition activities related to the development of affordable housing. The following proposals are included in the CDBG Notebook under HOME Program Budget in the following sequence: CDBG Staff Administration HOME Staff Administration $270,254 $84,300 Staff recommends funding the administrative costs associated with the CDBG and HOME program. These administrative costs represent 12% of the CDBG budget and 10% of the HOME budget respectively. These costs include staff costs for coordination, accounting, monitoring of subrecipients, environmental review, and HUD reporting requirements. South Bay Community Services Community Development Program HOME program regulations require a participating jurisdiction to set,aside 15% of the annual HOME entitlement for a Community Housing Development Organization (CHDO) for the purpose of developing and/or supporting the City of Chula Vista in providing affordable housing project in the City. South Bay Community Services is a legally recognized CHDO. $126,450 EastLake Greens Affordable Housing Project $343,850 As part of the Affordable Housing Agreement between EastLake Development Corporation and the City of Chula Vista, EastLake is required to set,aside 130 units for low,income households. EastLake is attempting to provide those 130 units as for,sale units, Funds will be used to provide down payment and closing cost assistance to low income households who qualify to participate in the down payment and closing cost program. This program is in the process of being developed by staff. City-Wide First Time Home Buyer Program $246,250 Staff is proposing to implement a city,wide program to offer first time home buyer assistance for down payment and closing costs, South Bay Community Services - Office Rent $42,150 SBCS is a legally recognized Community Housing Development Organization (CHDO) and provides various housing and economic development programs, Funds to pay the rent for the EI Dorado building are also budgeted in the CDBG portion of the Administration budget. /;2.-/3 ~._-_.__.,---~_. ^ ....--..---. .'. --.-----.--.-.....-..-.....--. PAGE I 6, ITEM No. MEETING DATE 05/04/99 The City will receive $2,020,000 in CDSG entitlement funds for fiscal year 1999-00. In addition, staff has identified an additional $269,876 in prior year CDBG funds that are eligible for realiocation for a total CDBG budget of $2,289,876, The fifteen (15) percent cap will limit the public service aliocation to $343,481, However, the public service calegory has been budgeted at $342,234 which represents 14.94 percent of the availabie CDSG funds. In addition, the City will receive $843,000 in HOME funds for fiscal year 1999,00. The grand total of 1999,00 CDBG and HOME funds to be used for eligible programs and projects will be $3,132,876. Exhibit A Exhibit B FY 1999,00 Consolidated Annual Plan CDBG Ad,Hoc Committee Recommendations (JA I HIHOME\COMMDEVlSTAFF.REP\\ [April 27, 1999 (n1pm)] )e2. ~ /~ RESOLUTION NO. I Q '-1<./ 'I RESOLUTION OF THE CITV COUNCIL OF THE CITV OF CHULA VISTA APPROVING THE CONSOLIDATED ANNUAL PLAN FOR FISCAL YEAR 1999,00 COMMUNITY DEVELOPMENT BLOCK GRANT (CDBGI AND HOME INVESTMENT PARTNERSHIP (HOMEI PROGRAM BUDGETS AND AUTHORIZING TRANSMITTAL OF THE CONSOLIDATED ANNUAL PLAN TO THE U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT (HUD) WHEREAS, the City of Chula Vista has prepared a Consolidated Annual Plan ("Plan") for fiscal year 1999,00 per HUD Rules and Regulations; and WHEREAS, the City will receive a 1999,00 CDBG entitlement of $2,020,000; and WHEREAS, the City will receive a 1999,00 HOME entitlement of $843,000; and WHEREAS, the City has followed its Citizen Participation Plan and held a public hearing on housing and community needs on April 13, 1999 at which public testimony was received and considered by the City Council with respect to the Plan; and WHEREAS, the City has determined that all of the proposed activities meet the CDBG national objectives to benefit primarily low,income households or aid in the elimination of slums and blight; and WHEREAS, the City has determined that it is necessary and appropriate to fund special activities by certain subrecipients to implement neighborhood revitalization and community economic development projects in order to meet the goals and objectives of the Plan; and NOW, THEREFORE, BE IT RESOLVED based on the findings above, the City Council of the City of Chula Vista does hereby 1) approve of the Consolidated Annual Plan for FY 1999,00 including both the FY 1999,00 Community Development Block Grant (CDBG) and HOME Investment Partnership (HOME) program budgets in the form presented; and 2) authorize transmittal of the Plan by the Community Development Director to the U.S. Department of Housing and Urban Development (HUD) Presented by , Chris Salomone Director of Community Development I~ A-I RESOLUTION NO. /9;¡ 5¿J RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AUTHORIZING REALLOCATION OF $269.876 FROM PRIOR YEAR COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS TO INCORPORATE IN THE FY 1999-00 ENTITLEMENT RECEIVED FROM HUD WHEREAS, the City will receive a 1999-00 CDBG entitlement of $2.020,000; and WHEREAS, the City will receive a 1999-00 HOME entitlement of $843,000; and WHEREAS, the City has determined that all of the proposed activities meet the CDBG national objectives to benefit primarily low-income households or aid in the elimination of slums and blight; and WHEREAS. the prior year CDBG funds earmarked for reallocation are from projects and program that have been completed. The reallocation of said funds will not impact current programs and projects and will further assist in providing benefits to the community. NOW, THEREFORE, BE IT RESOLVED based on the findings above, the City Council of the City of Chula Vista does hereby authorize reallocation of $269,876 from prior year Community Development Block Grant funds to incorporate in the FY 1999-00 entitlement received from HUD Presented by Approved as to form b Chris Salomone Director of Community Development j;2,ß/1 EXHIBIT A ,I ~~f? =~= ~-..-...;::~ ................................ ~""""~- ~/;z CllY Of CHULA VISTA Annual Action Plan for FY 1999-00 Executive Summary Citizen Participation On Apri] 13, 1999, the City Council held a public hearing to review and receive public comment on all projects and programs being considered for CDBG and HOME funding. The 30-day public comment period ended on May 3, 1999. During this time no public comment regarding the use of CDBG and HOME funds was submitted. A copy ofthe Consolidated Annua] Plan was available for public review at the Chu]a Vista Civic Center Library located at 365 "F" Street. A copy was also available for public review at the Community Deve]opment Department offices. CDBG Proposed Projects The City of Chula Vista is expected to receive a Community Deve]opment Block Grant entitlement of$2,020,000. In addition, the City will reallocated $269,876 trom unexpended prior CDBG funds for a total of $2,269,876. These funds will be used for the following eligible activities: · Public Services, the City will budget $342,734 for socia] service activities that will be undertaken to provide services in the areas offami]y violence, homelessness, child care, job training, literacy programs, senior services, and health care related proj ects. · Community Projects - A total of $169,000 has been budgeted and includes the following types of eligible activities [a] Neighborhood Revita]ization/lnterim Assistance and [b] Special Activities by Community, Based Development Organizations. · Economic Development Projects, A total of$142,500 has been budgeted and includes job training, micro, loan activity, and business retention and outreach services. · Capital Improvement Projects - The recommended budget for capital improvement projects is $1,185,841. Of this amount $51,250 is for Community CIPs with $,1134,591 for City CIPs. All six of the projects have been or will be funded on a multi-year basis. · Administration and Planning - The City has budgeted $270,254 for program administration and $179,547 for other administration and planning prograrns addressing Fair Housing, Homelessness, and Human Service related issues. /I-I · Section 108 Loan, The City received a Section 108 loan in the amount of$215,000 for financing a portion of the Otay Recreation Center. Current CDBG funding for the Center is estimated at $2.3 million. Funds in the amount of $48,696 have been budgeted to pay principal and interest on the Section 108 loan. HOME Proposed Projects The City of Chu]a Vista is expected to receive a HOME Investment Partnership entitlement of $843,000. These funds will be used for the following: · City Administration - The City can allocate 10% or $84,300 of its HOME funds for administration. These funds will be used for overall administration and coordination of the HOME Program as well as staff time devoted to individually HOME,funded projects and programs. · Community Housing Development Organization, Per HUD regulations, the City is setting aside 15% of the FY 1998,99 allocation for a ]egally recognized Community Housing Development Organization (CHDO) for the development and/or support in assisting the City provide affordable housing opportunities for low and moderate income households. For FY 1998,99 the City will set,aside $126,450 for CHDO affordable housing projects. · EastLake Greens Development - The City anticipates using approximately $343,850 in HOME funds for a down payment assistace program to assist 187 first,time home buyers purchase affordable housing units. This project is located in the eastern portion of the City. Tota] unit development will consist of 1300 units. As part of the Inclusionary Zoning requirements the developer is obligated to provide 10% of tot a] unit production of]ow and moderate income housing. The set-aside units represent EastLake's obligation to provide low income housing. · Citywide First Time Home Buyer Program ,This program will provide down payment and closing cost assistance to low income Chu]a Vista residents on a city,wide basis with a proposed budget of$246,250. · South Bay Community Services, Funds in the amount of$42,150will be provided to SBCS for office rental expenses. As a recognized CHDO, 5% of a participating jurisdiction's annual allocation may be budgeted for operational expenditures for a CHDO. The $42,150 represents 5% ofChula Vista's annual HOME entitlement for 1999,00. ii /J-2- ~~f? ~ ~~~~ OlY OF CHUIA VISTA Consolidated Annual Plan Fiscal Year 1999-00 This Consolidated Annua] Plan delineates the City's plans for use of funds during the fiscal year 1999,00. The Plan describes: A) the resources availab]e for program implementation; B) activity to be undertaken; C) monitoring; D) home]essness; E) anti,poverty strategy; F) coordination; G) obstacles to underserved needs; H) geographic location for expenditure ofCDBG funds; and I) objectives. This plan is consistent with the priority housing needs, priority homeless needs, priority special needs populations, and priority non, housing community development needs listed in the City ofChu]a Vista's Consolidated Plan for Fiscal Years 1995,]999. A. HOUSING AND COMMUNITY DEVELOPMENT RESOURCES Financing Resources Financing resources for addressing housing and community development needs are fairly limited for the City. To ultimately reach the goals of the City, a variety of resources must be used to achieve each objective. Table I describes the eligible activities of a variety of resources identified in this section. The limited City resources must be leveraged with additional funds ITOm private and public sources and programs. Partnerships with banks, nonprofit, and private developers are needed. Achieving these goals requires community volunteer efforts to raise funds, solicit grants and donate time. The City can facilitate the use of developers and potentia] homeowners of tax'exempt financing (bond issuances), low income tax credits, and other tax credit programs. The City anticipates using the following federal programs for implementation of the Consolidated Annual Plan: · Community Deve]opment Block Grant (CDBG) , the City is an entitlement City and receives an annual grant ITOm the federal government. These funds can be used for public facilities, services, or housing for low income (80% and below the median County income) persons. For FY 1999,00 the City is expected to receive $2,020,000 in CDBG funds. In addition to the entitlement funds, the City has identified $269,876 in prior CDBG funds to be reallocated for a total CDBG budget of $2,289,876. · HOME Program ' the City also receives an annual grant ITom the HUD program through a jurisdictionally competitive process. The funds can be used for new housing construction, housing rehabilitation, rental assistance or to assist first time home buyers. For FY 1999,00 the City is expected to receive $843,000 in HOME funds. · Section 8 Renta] Assistance, the County of San Diego operates the City's program and will receive mID funding for the next five years to provide rental assistance for low income families (50% of median County income). · Stewart B. McKinney Homeless Act, a variety of programs are available to fund homeless transitional housing programs and emergency shelters. 1 1/-3 -.-._._--_.._-,_._-_._,._~--,,--_..-.._.- · HOD 202 Program, funds are for new construction of senior housing. · Federa] tax exempt housing revenue bonds provide low interest bonds for the acquisition and construction oflow income housing projects. The City also plans to use funds through the following State or local government programs' · Redeve]opment Agency 20% Set,Aside Program, every year, the City's Redeve]opment Agency sets aside approximately twenty percent of the tax increment revenue it generates from its five redevelopment project areas to be used for the development and rehabilitation of affordable housing. · Mortgage Credit Certificate Program, tax credits for first-time home buyers. To date the City has assisted approximately 170 first,time home buyers. For fiscal year 1999, the City has joined the Regiona] MCC Consortium administered from the County of San Diego. The City supports the application of other entities within the City for programs which would assist the City in reaching the goals of the Plan. These programs include Emergency Shelter Grant, Supportive Housing, Housing for Persons with AIDS, low income housing tax credits, and mortgage revenue bonds. See Table 2, Support of Applications by Other Entities. As other programs from the State and Federal government arise during the five year planning period which will assist the City in reaching the goals and objectives of the Plan, the City will pursue those resources. Non-Profit Resources Non,profit housing developers and service providers are a critic a] resource to the City. The following developers and service providers are some of the non profits who have been active in the City and play an important role in the Plan. · Loca] Initiative Support Corporation (LISC) , Residentia], commercia] or mixed,use projects serving low income persons. LISC offers non profit capacity building and pre,development grants and loans. · California Community Reinvestment Corporation (CCRC) ,Provides penTIanent financing of multi, family rental and limited equity housing cooperatives. · South Bay Community Services (SBCS) ,Multi,service social service agency and affordable housing developer working closely with the City on numerous community improvement projects. For-Profit Resources · Bank of America, Residential, commercial or mixed,use projects serving low income persons. Bank of America offers assistance in the fOnTI of construction loans and rehabilitation loans. City of Chula Vista Consolidated Plan 2 Annual Plan One,Year Use of Funds 19-4 '" fi¡i¡ .. 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"" ~',,¡ " " õ:: .. -'" g~ " '" ~::s .. " ~ .:. ~ 00 s " ."" " ~a:: oS'" " ,!¡ ð~ ~i "" ò" öð /l-ID Table 2 u.s. Department of Honsing and Urban Development CPD Consolidated Plan Support of Applications by Other Entities Report Fuuding Source Support Application by Other Entities? A. Formu1a1Entitlemeut Programs ESG Public Housing Comprehensive Grant B. Competitive Programs HOPE 1 HOPE 2 HOPE 3 ESG Supportive Housing HOPW A Safe Havens Rural Homeless Housing Section 202 Elderly Section 811 Handicapped Moderate Rehab SRO Rental Vouchers Rental Certificates Public Housing Development Public Housing MROP Public Housing ClAP LIHTC y y y y y y y y y y y y y y y y y y y City of Chula Vista Consolidated Plan Annual Plan: One,Year Use of Funds 9 11-/1 B. ACTIVITIES TO BE UNDERTAKEN Tab]e 3: Funding Sources illustrates the City's CDBG and HOME allocations and program income available for the coming fiscal year. Table 4: Listing of Proposed Projects identifies the projects requesting financial assistance ¡¡'om the CDBG and HOME programs. C. MONITORING Careful evaluation of the housing and public service delivery system can be the most effective too] in detecting gaps and making appropriate modifications. Chu]a Vista monitors its subgrantees, conducts in, house reviews of progress reports and expenditures and performs on,site visits to ensure compliance with federal regulations. Agreements made with subgrantees encourage uniform reporting to achieve consistent information on beneficiaries. Technical assistance is provided when necessary. D. HOMELESSNESS The City of Chula Vista will continue to support the efforts of South Bay Community Services transitional and short,term housing projects which assist the homeless and in addition, will fund the following projects to help the homeless in fiscal year 1999,00: · Thursday's Meal · San Diego Regional Task Force on the Home]ess · Lutheran Socia] Services, Project Hand · County of San Diego, Cold Weather Shelter Voucher Program E. ANTI-POVERTY STRATEGY As part of the City's Anti,Poverty Strategy, the City will endeavor to integrate socia] services and housing activities for households below the poverty line. These efforts include, but are not limited to the following: · South Bav Community Services KIDSBIZ Program: This program teaches "at,risk" youths to use their entrepreneurial skills in a positive way. Teenagers are taught to develop their own business plans and to run their own business. · Earned Income Tax Credit Program: SBCS has hired a program coordinator to do outreach and education to community residents about the Earned Income Tax Credit. This coordinator assists in qualifying citizens in applying for the tax credit. The goal of this program is to have 200 families receive the tax credit. Eligible families are working parents with children earning under $23,050 per year. · Park Village ADartments, On, site day care and job training services are offered at this very low income apartment complex. · Casa Nueva Vida I & II: Residents are required to secure an income and save money for their first month's rent plus security deposit. They are referred to outside job training agencies for help in securing a job. Independent living skills are taught in areas of health, nutrition, immunizations, parenting, and other pertinent issues. Individual and family counseling is also offered. F. COORDINATION The City will coordinate and implement its strategies through the following activities: Activity: Activity: Target available CDBG funding to those areas and population exhibiting the greatest need. Encourage social service providers to work with developers and CHDOs to provide "service,enriched housing". Services include health care referrals, financial counseling, and case management. City of Chula Vista Consolidated Plan ]OA_I).. Annual Plan: One, Year Use of Funds Activity: Assist county, state, federal, educational, and private organizations involved in economic development and job training in targeting their efforts toward those areas of Chula Vista exhibiting the greatest need. G. OBSTACLES TO UNDESERVED NEEDS the City is continuing in its effort to remove obstacles to undeserved needs throughout the community. The City has made a commitment to budget CDBG funds at the maximum allowab]e to offer citizens much needed programs and services in the area ofliteracy, job training, youth activities, senior services, violence prevention, and health care assistance for low income families. H. GEOGRAPHIC AREAS FOR EXPENDITURE OF CDBG FUNDS The City plans to use CDBG funds in areas of the City where improvements is most needed. Many of the projects assisted with CDBG are located in the western portion of the city which is also the oldest areas where infrastructure improvements and revitalization is needed. The City continues to implement ADA improvements throughout the community as required by federal mandate. PROPOSED 1999-00 HOME BUDGET The Federa] HOME Investment Partnership Program (HOME) allocated funds by formula directly to state and local governments to promote affordable housing. Participating jurisdictions are able to provide this assistance to both for,profit and non,profit housing developers or directly to qualified home buyers or renters. The assistance may take the form of grants, loans, advances, equity investments, and interest subsidies. To date, the City has been allocated $4,800,000 in HOME funds since 1992 when the program was created. HOME funds may be used to provide affordable rental housing and home ownership opportunities through new construction, acquisition, rehabilitation, and tenant,based rental assistance. In addition, HOME funds can be used to fund operational costs for Community Housing Development Organizations (CHDO). A CHDO is a non,profit, community,based organization that has, or intends to retain, staff with the capacity to develop affordable housing for the community it serves. Currently, South Bay Community Services is the only designated CHDO in the City of Chula Vista. The City is required to provide a 25 percent match for HOME funds used for rental assistance, housing rehabilitation, and acquisition of standard housing. A 30 percent match is required for new construction. Some examples of allowable matching contributions would include Redeve]opment Agency Low and Moderate Income Housing Funds, land value (donated or a loan), on and off,site improvements, waiver of local and state taxes or fees, voluntary labor in connection with site preparation. If a project exceeds the required match, the excess credit can be applied to future projects. The table on the following page delineates the uses of HOME funds for fiscal year 1999,00. City of Chula Vista Consolidated Plan 11 ,A-/3 Annual Plan: One, Year Use of Funds ESTIMATED 1999-00 USE OF HOME FUNDS CITY OF CHULA VISTA I Funding ncqlH.>sts Rrroll1l11l'ndrd Funding Staff Administration $84,300 Community Housing Development $126,450 Organization (CHDO) East]ake Greens Affordab]e Housing $343,850 Project Citywide First Time Home Buyer $246,250 Program , SBCS ' Office Rent $42,150 TOTAL $843,000 The following is a brief description of the above HOME activities being recommended for funding: Staff Administration Administrative costs for city staff to oversee the HOME program. These administrative costs represent 10% of the HOME budget. These costs include staff costs for coordination, accounting, environmental review, and HUD reporting requirements. CHDO 15% Set Aside Per HUD regulations a City is required to set,aside 15% of the annual allocation for Community Housing Deve]opment Organizations (CHDO) to assist the City in development and/or support in providing affordable housing projects for low and moderate income families. For FY 1998,99, the City ofChula Vista is setting aside $126,450 for CHDO housing projects. CHDO Operation The $42,150 proposed for CHDO operation costs is earmarked for South Bay Community Services, the only organization in Chu]a Vista to be designated as a CHDO. Currently, staff is recommending that the City fund their Community Development Program with $29,735 in CDBG funds. By utilizing HOME funds to fund the SBCS Community Development Program, the City will free up CDBG funds that can be used for other activities to benefit low and moderate income households. The Community Development Program has been funded by the City for the past seven years, and during that time have become a well respected affordable housing producer. Last year this CHDO operation was funded from both CDBG and HOME funds. 1 The City has the option to modify the amounts by category in the future without HUD approval if the need arises. City of Chula Vista Consolidated Plan 12 ;1 - I 'f Annual Plan: One,Year Use of Funds CHDO Monitoring A careful evaluation of the CHDO delivery system is an effective way to determine the organization is carrying out the goals and objectives in providing affordable housing. The City of Chula Vista will be monitoring South Bay Community Services in the same manner that it monitors CDBG subrecipients. An annual financial examination of the organization will be perfonned along with requiring South Bay Community service to submit quarterly progress reports. At year end, staff will tour the South Bay Community Services facility and related projects that were assisted with HOME funds. Eastlake Green Affordable Housing Project As part of the Affordable Housing Agreement between Eastlake Deve]opment Corporation and the City of Chu]a Vista, East]ake is required to set,aside 187 units for low income households. Eastlake is attempting to provide those 187 units as a for, sale product. In order to assist low income households qualify for these units, the City is in the process of developing a down payment and closing cost program. This program is currently ready to grade and prepare the site for construction. Geographic Location for HOME Funds The City ofChu]a Vista has committed HOME funds to various projects throughout the city. These projects are designed to target low and moderate income households at or under 60% of median income. Located at Industrial and Ada Street is the Trolley Terrace Town home project. This eighteen unit multifamily complex is located near retail and transportation facilities. The estimated cost of the project is $3.0 million. On Apri] 22, 1999 a grand opening was held by South Bay Community Services. Funds for the project will came ftom HOME ($800,000 in prior year funds), Tax Credits ($1.3 million), Bank of America ($500,000), and Local Initiative Support Corporation, LISC for gap financing. Barriers to Affordab]e Housing The City has been proactive in developing affordable housing opportunities for low and moderate income households. Current affordable housing developments include Trolley Terrace (18 units) and Cordova (40 units). The land for Cordova was donated by the developer, the City provided $400,000 ftom the Low and Moderate Income Housing Fund, LISC provided gap financing, and tax credits were also be utilized. The City actively encourages developers to set,aside 10% ofnew]y developed units for affordable housing purposes. The City also strongly supports the County of San Diego's effort as supplying public housing such as Dorothy Street and L Street. As part of the Housing Element, the City works closely with developers in negotiating affordable housing agreements which require a 10% unit set,aside for low and moderate income housing. Five percent for households at or below 80% of median income and 5% for moderate income households. Projects that meet this criteria are Salt Creek Ranch ( 131 units), Sunbow II (97 units), and Otay Ranch (184 units). All these projects are located on the Eastern portion of the city. Low and Moderate Income Housing Funds have been targeted for these project, however HOME funds could also be used, Due to the increase price of for,sa]e housing, the City is developing a down payment assistance program. Since the down payment and closing costs require a large cash outlay, the transition ftom rental to for-sale housing can be a hardship for most low and moderate income households. The City will provide subsidy funds for the down payment in the fonn of a loan and will also provide a portion of the closing costs in the fonn of a grant. Maintaining Affordable Housing In 1968, HUD developed the 236 program that provided both mortgage insurance and mortgage interest reduction to any for,profit ornon,profit developer who agreed to build affordable housing units for families. Chula Vista has four projects which were HUD financed using the 236 program. Currently, two of these projects are nearing the expiration of the affordability tenn. Castle Park Garden Apartments consisting of 62 non,elder]y units and Rancho Vista Apartments consisting of24 non,elderly units. The city is attempting City ofChula Vista Consolidated Plan 13 IY- IS" Annual Plan: One,Year Use of Funds to preserve these units through a partnership with the apartment owner, lending institutions, and non,profit organizations. The City also maintains affordable housing through the Community Housing Improvement Program (CHIP). The purpose ofthis program is to assist low income households rehabilitate their existing home. Both single, family and mobile homes are eligible to receive assistance. Currently, Low and Moderate Income Housing funds are used to fund this program. For fiscal year 1999,00, the City anticipates assisting 25 households with over $100,000 in grants. Lead-Based Paint The City currently assists homeowners alleviate ]ead,based paint hazards through the Community Housing Improvement Program (CHIP). When ]ead,based paint is discovered through the rehabilitation of the property, funds are used to remove and dispose of the paint chips and to repaint the house. The City utilizes the Low and Moderate Income Housing Funds for this purpose. No federal or state funds are used in conjunction with this program. Housing Authority In 1995 the City received HUD certification to operate as a Housing Authority. The focus ofthe Chula Vista Housing Authority is on the development of affordable housing through land acquisition, bond indebtedness, and rehabilitation of the existing housing stock. The Section 108 rental assistance program will continue to be administered by the County of San Diego. Chu]a Vista fully supports the County of San Diego in their application for vouchers. City Administration The City can allocate 10% or $84,300 of its HOME funds for administration. These funds will be used for overall administration and coordination of the HOME Program as well as staff time devoted to individually HOME, funded projects and programs. HOME funds used for administration do not require a match. Table 3 U.S. Department of Housing and Urban Development CPD Consolidated Plan Funding Sources Entitlement Grant (includes reallocated funds) $3,132,876 2 Unprogrammed Prior Year's Income not previously reported $0 Surplus Funds $0 Return of Grant Funds $0 Tota] Estimated Prol!ram Income $0 I Total Funding Sources: $3,132,8761 2 CDBG Entitlement of $2,020,000 including reallocated CDBG funds of$269,876; and HOME funds in the amount of $843,000 for a total entitlement amount of$3,132,876. City of Chula Vista Consolidated Plan 14 /1-/~ Annual Plan: One,Year Use of Funds I. OBJECTIVES/ACHIEVEMENTS 1. PRIORITY HOUSING NEEDS This section describes Chu]a Vista's strategies for addressing housing needs which are identified as High or Medium priorities. Priorities for Allocating Investment Geographically Housing assistance can be generally described as available throughout the entire City. Homeownership activities, preservation of at,risk affordable housing, rehabilitation of owner,occupied housing, and mixed income rental housing acquisition and development can occur in any area of the City exhibiting need or project feasibility (subject to program guidelines). Site selection guidelines of the City ensure that all units are built or acquired in areas of the City where there is adequate services such as schools, health care, transportation and or recreational services. PRIORITY 1.1 Preserve the City's four apartment complexes which are at,risk of converting market rate rentals through acquisitiou by local non-profit corporation. For the last 20 years, these units have met the needs of very low and ]ow,income households in the City of Chula Vista. If the City allows these units to convert to market'rate rentals, a considerable amount ofthe City's housing stock will vanish. Census Data for 1990 shows that there is a lack of affordable large family rental units for these income groups. The five year objective as outlined in the Consolidated plan has targeted this as a High Priority with the objective of preserving 386 units. Currently, the City has preserved 300 units; the Oxford Terrace Apartments, 132 non,elder]y low income and Palomar Apartments, 168 non,e]der]y low income units. Obstacles to preserving these at,risk apartment complexes include a lack of knowledge as to the owner's intentions and uncertainty with HUD subsidy program (LIHPRHA). PRIORITY 1.2 Continne the housing and mobile home rehabilitation programs in order to preserve the City's aging housing stock. Since the inception of the Redeve]opment Agency's rehabilitation programs, these programs have served almost exclusively very low income households whose dwelling units were and continue to be in dire need of rehabilitation. In order to preserve the City's aging housing stock and provide decent places for people to live, the Agency will continue doing both minor and moderate rehabilitations. The five year objective as outlined in the Consolidated Plan has targeted this as a Medium Priority with the objective to rehabilitate 200 mobile homes and 50 single family homes. Currently, the City has rehabilitated 125 mobile homes and 25 single family homes. Funding for this program is provided by 20% set,aside funds received from the Redeve]opment Agency. The implementing program to achieve the objectives is the Community Housing Improvement Program (CHIP). This program provides loans and grants to both single family and mobile home residents. Obstacles to this program include the lack of staff to implement at higher levels of operation and a lack of financial resources. PRIORITY 1.3 Continue to implement the City's Affordable Honsing Program so that more newly constructed rental and for-sale units are made available to low, moderate, and middle income households. Chula Vista is very fortunate because a large portion of the City is yet to be developed. In an effort to gain more housing units affordable to low and moderate, income groups in the undeveloped areas and to promote a balanced community, the City of Chula Vista Consolidated Plan 15 ,//-11 Annual Plan: One, Year Use of Funds PRIORITY 1.4 Affordab]e Housing Program was developed. Census Data for] 990 shows that the City lacks affordable rental and for, sale units to persons and families in the above income groups. The five year objective as outlined in the Consolidated Plan has targeted this as a High Priority for very low and low income family rental units with construction of 250 low and moderate income units (80% and below) and 345 middle and above middle income units (8]% to 120%). Medium Priority is assigned to low and moderate income family for,sa]e units. Currently, the following Affordable Housing Agreements were negotiated and approved: · Salt Creek I ,Deve]oped by Pacific Bay Homes this for,sa]e development provided 13 low income units targeting 80% and below area median income, and 40 moderate units targeting 81 % to 120%. This development produced these units without any financial assistance from the City. · Eastlake Greens ' Eastlake Deve]opment Company. This for,sale development will provide 187 low income units targeting 80% and below area median income households, and 130 moderate units targeting 81 % to 120% area median income households. This development will receive financial assistance nom the City through the use of HOME funds in the amount of $935,000. In addition, the developer will donate the land. · Cordova, McMillan Company. This development will provide 40 rental units for large families earning at or below 60% of area median income. South Bay Community Services is the actual developer for the project, however, McMillan has donated land in order to satisfy their ]ow,moderate obligation of the Affordab]e Housing Agreement. The City has provided financial assistance in the amount of $510,000 in HOME funds and $478,280 in Low,Mod funds. South Bay Community Services applied and received a CHF A loan and tax credits from the Tax Credit Allocation Committee (TCAC). · Trolley Terrace Apartments - South Bay Community Services. This development will provide ] 8 rental units for large families earning at or below 40% of area median income. The City has provided financial assistance in the amount of $896,905 ($372,940 in land and $523,965 in HOME funds). South Bay Community Services also received funding nom the Local Initiatives Support Corporation in the amount of$$470,000; a Bank of America loan in the amount of $920,000 and tax credits in the amount of $170,522 from TCAC. · Sunbow Phase II ,Ayres Land Company. This development will provide 70 affordable units targeting 80% of area median income. The terms ofthe Affordab]e Housing Agreement is in the process of being negotiated, Funding for this project has not been determined. · Salt Creek Ranch, Pacific Bay Homes. This development will provide 125 low income units and 125 moderate income units to be targeted to households at or below 80% of area median income. It has not been determined ifthe low income units will be rental or for,sale. The terms of the Affordab]e Housing Agreement is in the process of being negotiated. Funding for this project has not been determined. Assist low, moderate and middle income residents to become homeowners. According to SANDAG and data compiled nom the San Diego Union,Tribune Newspaper, approximately 30% of all households could afford to purchase a single family home in the San Diego region in 1993, and it is estimated that approximately City of Chula Vista Consolidated Plan Annual Plan: One-Year Use of Funds 16 /I_/~ PRIORITY 1.5 25% of Chula Vista residents can afford a median priced single family home in Chula Vista. This percentage does assume, however, thatthese individuals have the down payment for a loan and a well established credit history. The City assists moderate and middle income residents by offering the following program: . Mortgage Credit Certificate Program (MCC) , The Redevelopment Agency administers the MCC program which allows eligible buyers to take 20% oftheir mortgage interest as a tax credit on their federal income taxes. To be eligible for the program in non,targeted census tracts, a household must be a first,time home buyer, buy a home in Chula Vista, and earn less than 115% of County Median Income. (A targeted census tract is one where 70% or more of the households earn 80% or less of the County Median Income). The five year objective as outlined in the Consolidated Plan has targeted this as a High Priority with the objective of assisting] 5 moderate income families and 485 middle income families. Currently, the City has provided IS middle income families with MCC assistance and 100 moderate income families with MCC assistance. In recent years, the availability of MCCs has been dwindling. In 1995, the City received approximately $2 million in allocation and in 1999 the City has joined the Regional MCC Consortium through the County of San Diego to issue MCCs. Continue to support non-profit corporations to develop or rehabilitate rental housing for very low and low income households. In the past, the City or the Redevelopment Agency has assisted for,profit developers to develop units for low income households. However, these for,profit developers always insist upon these affordable units eventually converting to market rate rentals, and as a result, the City only realizes the benefit of their investment for a limited period of time. If a non,profit corporation deve]opes the housing, the units will be affordable for the long-term, and the City or the Redeve]opment Agency has invested in an affordable project which will benefit very low or low income residents of the City for the usable life of the rental units. 1990 Census Data supports the fact that there is a lack of affordable rental housing in the City for these income groups. The five year objective as outlined in the Consolidated Plan has targeted this as a High Priority with the objective of providing 25 very low income rental units and 25 low income rental units. Obstacles to partnering with non,profit developers is due to the lack of financial assistance and to an increase of non, profit organizations requesting City assistance. Currently, the City has partnered with South Bay Community Services, a non'profit agency and a legally recognized CHDO for the following rental projects. . Cordova, McMillan Company. This development will provide 40 rental units for large families earning at or below 60% of area median income. South Bay Community Services is the actual developer for the project, however, McMillan has donated the land in order to satisfy their low, moderate obligation of the Affordable Housing Agreement. This project has been in operation for one year and continues to be supported within the community . Trolley Terrace Apartments ' South Bay Community Services. This development will provide 18 rental units for large families earning at or below 40% of area median income. This project held its grand opening Apri] 22, 1999. City of Chula Vista Consolidated Plan Annual Plan:One, Year Use of Funds 17 /I~/9 PRIORITY 1.6 Continue to assist mobile home park residents who are faced with paying increasing rents as well as the closure of their mobile home parks. In the City, 35 mobile home parks provide housing to many very low and low, income families and seniors. Without this form of housing, many of the families and senior citizens would be facing a severe cost burden for housing, or they might not have adequate housing at all. As a result, the City has made a substantial commitment to regulate the City's parks so that the park residents can retain their affordable housing. Social and Human Service providers confirm the need for this program, as well as the public response to issues concerning mobile home rents at City Council meetings. The five year objective outlined in the Consolidated Plan has targeted this as a Medium Priority. The following program represents options for addressing Priority] .6: . Mobile Home RentReview Ordinance and Commission, The City's Rent Review Ordinance only allows park owners to raise their rent by the Consumer Price Index on an annual basis. Without this control, space rents would continue to increase. As a result, park residents may face a severe cost burden. Additionally, the number of mobile home spaces are shrinking due to park closures. Because of these two factors, the affordability of mobile home rents is endangered. Therefore, the City's Rent Review Ordinance was adopted. Since very few spaces are available and park closures are common if the land is zoned something other than mobile home park exclusive, the City regulates park closures by requiring park owners to provide relocation assistance to park residents who are low Income. Currently, the City has undertaken revising the Mobi]e Home Rent Review Ordinance in order to streamline the program. Obstacles to this program include a lack of knowledge of renters, staff resources and political resistance. PRIORITY 1.7 Utilize the Chnla Vista Housing Authority to provide for newly constructed public housing units iu Chula Vista in conjunctiou with the San Diego County Housing Authority. In 1996 HUD authorized the formation of the Chu]a Vista Housing Authority. The major focus was to partner with the County of San Diego Housing Authority to provide housing units for very low income households. The City or Redevelopment Agency will consider investment of 20% set,aside or HOME funds for projects requiring gap financing or pre,deve]opment costs. The five year objective outlined in the Consolidated Plan has targeted this as a High Priority with the objective of developing 16 very low income units. On June 22, 1995 the project broke ground for the L Street Manor complex located at 588 L Street. Funding for this project came from HUD in the amount of$I,371,569; County of San Housing Authority in the amount of$719,242; and the City ofChu]a Vista in the amount of$184,290 from Low,Mod funds. 2. PRIORITY HOMELESS NEEDS This section describes Chula Vista's strategies for addressing homeless needs which are identified as High or Medium priorities. PRIORITY 2.1 Development, acquisition and/or rehabilitation of transitional housing. The City has utilized approximately $1.1 million in HOME funds to produce two transitional housing projects to serve the homeless. In 1993, the City Council approved a loan to South Bay Community Services for the housing acquisition and rehabilitation of a 14,unit apartment building to be utilized as short,term housing CityofChula Vista Consolidated Plan ]8 11-;<0 Annual Plan: One, Year Use of Funds for the homeless up to a maximum of 60 days. In late 1994, the City approved a second loan to South Bay Community Services for the acquisition and rehabilitation of a ]Z,unit apartment building to be utilized as transitional housing. Community, based surveys and housing providers confirm this great need for additional transitional type housing in Chula Vista. The five year objective as outlined in the Consolidated Plan has targeted this as a High Priority with the objective of developing, acquiring and or rehabilitating facilities to house the transitionally homeless. Currently, South Bay Community Services has approached the City for assistance in the purchase of two condominium's currently owned by HUD to convert to transitional housing as part of a continuum of care effort. In addition, the City of Chu]a Vista continues to assist in addressing the needs of the homeless population by funding the following programs: · Thursday's Meal, This program has received approximately $15,800 in Community Deve]opment Block Grant funds since 1995, and provides hot meals for homeless individuals and families. To date, over 8,000 families and individuals have received assistance through this program. · San Diego Regional Task Force on the Homeless, This program has received $5,000 in Community DevelopmentB]ock Grant funds since 1995 and provides Chula Vista with statistical data on the homeless population throughout San Diego County. · Lutheran Social Services (Project Hand) , This program has received $56,000 in Community Deve]opment B]ock Grant funds since 1995 and provides services that include, in part, shelters for the homeless, transitional housing, emergency food, clothing, and transportation. Approximately ] 000 families and individuals have received assistance through this program. · County of San Diego - Cold Weather Shelter Program - This program has received $16,636 in funding from both CDBG and Redevelopment ZO% set,aside funds. The Cold Weather Shelter program provides vouchers to participating hotels/motels within the City for shelter to homeless families and individuals through the cold winter months. Obstacles to developing, acquiring and or rehabilitating facilities for transitional housing purposes include political resistance and lack of financial resources. 3. PRIORITY SPECIAL NEEDS POPULATION This section describes Chu]a Vista's strategies for addressing housing for special needs populations which are identified as High or Medium Priorities. PRIORITY 3.1 Provide supportive housing projects and programs for special needs populations. Special needs groups in Chula Vista include the elderly, disabled persons, female, headed households, persons with drug and/or alcoho] addictions, and persons with AIDS and related diseases. Persons with special needs have housing needs which include affordable housing, accessible housing units, housing in proximity to public services and transportation, and larger units, Because many persons in special needs groups have limited abilities and opportunities to work, they require housing which is affordable and which enables them to live as independently as possible. The five year objective as outlined in the Consolidated Plan has targeted this as a Medium Priority with the objective of continuing to support the efforts of fair City of Chula Vista Consolidated Plan 19 ll-oZ / Annual Plan: One, Year Use of Funds housing and socia] service agencies to provide services to those with special needs. The City funds the following agencies with Community Development Block Grant monIes: · Fair Housing Council of San Diego, This organization assists the City in addressing impediments of fair housing and engage in fair housing planning to remove such impediments. The Fair Housing Council has received approximately $152,000 in CDBG funding since 1995 and has assisted over 2,200 Chu]a Vista residents in the area of ]and]ord,tenant disputes and fair housing discrimination issues. · Adult Protective Services ' This agency provides adult day care and attempts to prevent institutionalization and improve the quality of life for disabled and disadvantaged seniors. Adult Protective Services has received approximately $37,500 in CDBG funding since 1995 and has assisted over 2,000 Chula Vista residents. · Meals on Wheels, This agency provides home delivered hot meals to seniors and has received approximately $50,000 in CDBG funds which served over 28,000 hot meals to Chu]a Vista residents. · Lutheran Social Services (Shared Housing) , This program provides services that match low income seniors with individuals looking for housing at a reduced cost. Shared Housing has received approximately $] 9,000 in CDBG funding since 1995 and has made over 220 successful matches. · Access Center of San Diego, This program offers disabled persons with the skills to seek employment. The Access Center has received approximately $13,500 in CDBG funding since 1995 and has assisted over 85 disabled persons transition to employment. Obstacles to funding these programs at a higher level is due to a lack of financial resources, the increased demand for funding rrom these agencies, and the public service cap mandated by HUD. PRIORITY 3.2 Provide rental assistance (Section 8 Certificates and Vouchers) to lower income households with special needs overpaying for housing. Persons with special needs have housing needs which include affordable housing, accessible housing units, housing in proximity to public services and transportation, and larger units. Because many persons in special needs groups have limited abilities and opportunities to work, they require housing assistance which will enable them to live as independently as possible. There are 2,024 elderly renter lower income households in Chula Vista; 58 percent of the extremely low income elderly renters pay more than 50 percent of their income for housing, and 46 percent of the low income elderly renters pay more than 50 percent of their income for housing. The five year objective as outlined in the Consolidated Plan has targeted this as a Medium Priority with the objective of continuing to provide rental assistance to low and moderate income special needs households. Currently, the City contracts with the County of San Diego to administer the Section 8 Voucher program. Obstacles to providing the Section 8 Voucher program in the City of Chula Vista include the lack of staff required to start,up a completely new program and the lack of expertise in administering a program of this size. City of Chula Vista Consolidated Plan 20 A - c2.;)... Annual Plan: One, Year Use of Funds 4. PRIORITY NON-HOUSING COMMUNITY DEVELOPMENT NEEDS This section describes the City of Chula Vista's strategies for addressing non-housing community development needs which are identified as High or Medium priorities. A. Community Facilities PRIORITY 4.A.l Provide for new community facilities and improve the quality of existing community facilities to serve those of lower and moderate income. Respondents to past Community Development Needs Assessments and Surveys ranked Youth Centers, Child Care Centers, and Parks and Recreation facilities as the highest community facility needs. A number of facilities provide youth services, yet there is not a City facility which serves the youth exc]usively in the southwest area of the City. In addition, a number of the City's parks and recreation facilities have deficiencies. The five year objective as outlined in the Consolidated Plan has targeted this as a High Priority with the objective to attempt to maximize the effectiveness ofavai]able CDBG funds for community facilities consistent with the urgency of the established need for facilities, the avai]ability of other reliab]e long,term funding for the facilities and the provision of services rrom such facilities. The following program have been considered for CDBG funding: . Norman Park Game Facility, Funds for this program in the amount of $18,000 will be used to rehabilitate the game facilities at the Norman Park Senior Center, to include new shuffle board courts, lawn bowling, and upgrade the indoor ping,pong and pool tables. Currently construction is completed. . Otay Recreation Center, This facility will be located in the southwestern portion of the City where there is limited public facilities. To date, approximately $3 million has been budgeted in CDBG funds for this project. Construction has began and a grand opening is scheduled for December 1999. B. Infrastructure Improvements PRIORITY 4.B.l Provide for needed infrastrncture improvements in lower and moderate income target areas. Respondents to past community development surveys and other community outreach methods ranked street improvements, street lighting, sidewalk construction, and drainage improvements as the highest inrrastructure needs. The five year objective as outlined in the Consolidated Plan has targeted this as a High Priority with the objective of funding inrrastructure improvements consistent with the urgency of the established need for improvements. Currently, the City has budgeted $529,000 in CDBG funds for a drainage improvements. G street between Second Avenue and De] Mar, however, no CDBG funds have been expended for this project. In addition, funds from 1995 through 1998 have been earmarked for the Otay Recreation Center which rated a High Priority for public facilities. C. Community Services PRIORITY 4.C.l Continne to fund public services for residents with special needs. Many non,profit social service providers struggle to perform their services for the residents of Chu]a Vista due to budget constraints. Since the City believes the supportive services these non,profits provide are important to residents with special needs, the City funds these non,profits to ensure that their services will continue to meet the needs of low and moderate income residents of Chu]a Vista. City of Chula Vista Consolidated Plan 21 /l-~3 Annual Plan: One, Year Use of Funds D. Accessibility PRIORITY 4.D.1 Provide for the access needs of the physically disabled. ADA compliance has been given high priority by the City. The City believes that it is important to make sure all recreational and governmental activities are accessible to persons with disabilities. The five year objective as outlined in the Consolidated Plan has targeted this as a High Priority. Currently, the City is undertaking the following programs: . ADA Curb Cuts Annual Program, The City has budgeted $149,000 for curb cuts and expended $100,000. To date, approximately 30 curb cuts have been provided throughout the City. E. Economic Development PRIORITY 4.E.l Provide proactive business assistance programs to encourage job creation through business attraction, retention, and expansion. The City of Chula Vista has been negatively impacted by the economic recession which began in the early 1990s. Commercia] and industria] vacancies were high and the City's industria] space absorption rate was low. The fact that the City's retail sales were relatively flat despite the rapid population growth indicated that income were falling or stagnating. Currently, however, there has been a turn around in the economy and Chula Vista is enjoying increasing sales tax and property tax revenues, The five year objective as outlined in the Consolidated Plan has targeted this as a High Priority to increase employment opportunities for Chu]a Vista residents and to diversify the local economic base by attracting new businesses as well as encouraging the expansion of existing companies. The following programs represent the City's efforts to address this priority: . Border Environmental Commerce Alliance, The Border Environmental Commerce Alliance (BECA) is a regional coalition of United States/Mexico border oriented jurisdictions, and public and private partners, sharing the common goals of encouraging and assisting the growing environmental technologies, generating economic and environmental benefits for the entire border area. Funded by a $2 million grant ftom the federal Economic Development Administration (EDA) the program, being spearheaded by the City ofChu]a Vista, includes two major initiatives; the Border Environmental Technology Resource Center (BETRC) and the Border Environmental Business Cluster (BEBC). The BETRC is designed to be the cross,border one,stop source for state,of,the, art environmental technology information, technical assistance, export assistance and general business development assistance. The Center will partner with public and private service providers to offer leading edge pollution prevention and waste minimization training, and environmental regulatory compliance services. The BEBC, co,]ocated with the BETRC, will offer inexpensive and flexible spaces for 20 to 25 start,up environmental businesses. Tenant businesses will be able to use shared office space, equipment, and administrative/clerical staff. Business development services and counseling in areas such as technology transfer, marketing, and export assistance will be available on site from BEBC staff as well as BETRC staff, and ftom the BECA regional network of public and private partners. Community Development Block Grant funds for 1999-00 will be budgeted in the amount of$40,000 to assist BECA expand to another site within the City. City of Chula Vista Consolidated Plan Annual Plan: One, Year Use of Funds 22 If-';¿ tf · Business Outreach/Retention Specialist, The Economic Development Division is planning to hire a business outreach/retention specialist to assist local business remain operational within the City. It is the intent of the program to provide outreach and retention expertise to local businesses. · Section 108 Loan Guarantee Program, The Community Deve]opment Department is developing a HUD Section 108 Loan Guarantee Program to support the attraction and retention of targeted industries and projects. The Section ] 08 Program will provide guarantees for private loan leveraging private financing to enhance credit worthiness. The program may also provide direct loans in the form of gap financing. Recently, HUD approved a Section ]08 loan in the amount of $],000,000. Due to a reduction in staffing for the Economic Division, the program has not been operational. · Redevelopment Agency, The City's Redevelopment Agency operates under the laws and procedures specified in the California Redevelopment Law and can provide direct assistance to blighted areas by writing down the cost ofland, assisting with infrastructure construction, condemnation when necessary, and other forms of financial assistance to businesses. · Workforce Development Team, The City has established a Workforce Deve]opment Team composed of individuals representing employment and job training agencies. 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C- '0 0 :c ~ ~ :Q-¡ :J 0 [j (/) .J A-73 Exhibit B City of Chula Vista Community Development Block Grant Program FY 1999-00 Funding Recommendations Public Service Recommendations ORGANIZATION FY 1999-00 FY 1998·99 AD· HOC COMMITTEE REQUEST FUNDING RECOMMENDATION CV Aquatic Association $15,000 New Request $5,400 CV Youth Services Network $128,000 $112,198 $119,000 Sharp HealthCare Foundation $50,000 New Request $25,000 The Children's Literary Review $4,000 New Request $2,000 Meals on Wheels Greater San $16,000 $12,000 $14,000 Diego St Charles Nutrition Center $9,034 $2,500 $4,500 LSS Shared Housing $4,000 $4,000 $4,000 Adult Protective Services $12,000 $7,000 $12,000 County of San Diego, Voucher $8,318 $8,318 $7,000 Program LSS Project Hand $12,000 $12,000 $11,000 CV Family Violence Prevention $34,840 $33,000 $34,840 Thursday's Meal $10,000 $4,000 $8,000 CV Police Dept ' Crime Free $9,676 New Request $8,820 Program CV Therapeutic Program $35,440 $25,000 $35,440 International Christian Center $10,000 New Request No Recommendation CV Literacy Team Center $12,000 $14,000 $12,000 Otay Recreation Center $47,826 $64,563 $0 TOTAL $418,134 $303,000 1 1 CDBG Ad,Hoc Committee made funding recommendations based on the HUD entitlement of $2,020,000, A- 7c.! May 4, 1999 FROM: The Honorable Mayor and City Council David D. RowlandsÇ, City Manager Chris Salomone, Director of Community Development LS . TO: VIA: SUBJECT: Amendment to Item 12: 1999-00 CDBG Program Budget Approval The CIP Coordinator has found that the amount of funds recommended for one of the City CIP projects, Drainage Improvements-Tobias and Glenhaven Way, can be reduced from $330,000 to $194,000, due to the amount of funding currently availab]e for the project. Staff therefore recommends that the funds freed up ($136,000) be reallocated as shown below. Page 12-11. Tab #29. Boys and Girls Club ofChuJa Vista HV AC and Kitchen Renovation: The staff recommendation is now $52,500, and not $26250 as shown. Page 12,11. Tab #32, Drainage Improvements ,Tobias and Glenhaven Way: The staff recommendation is $194,000, and not $330,000 as shown. This City CIP project has sufficiem funds currently available in the project budget to provide the needed $330,000. Page 12-12. Tab #37. Park Way Street Light Replacement: The staff recommendation is $57.500, and not $0 as shown. Addition to City CIP Requests: Emerson Street Improvements between Third A venue and Elm Avenue project was previously submitted to Council as part of the April 13 public hearing report. Staff recommends funding the preliminary planning for this project at $52,250, since the residents in this area have submitted a petition requesting participation in a 1911 Block Act improvement program. H:\SHARED\ENGINEER\CDBGCHNG.WPD NNNN~~ WN~OI..DC:O ~~~~~~~~~OO~~~~WN~ """-IO'ILn~WN~O IS -, v>n¡;;-nv>r on~nn~nrnÞrv>~~v>nn "CI O::J"'crOO~ 0 ~::J'" ::J"'::J'" ::J"'CO~C~ro ::J"'::J"'::J'" ~:1'o3~::J'" J: ~cgccccgccgn~ro~cc III ::J"'~'3::J"'ro ~3~~~~m~~m::J"'tñn-ò~Q.J r- tD 3 VI" c tD @ J: ~<~«~<~ ~~~o~~« ... 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'-JOln 0000..0.............00 C Ño":Þ.ì...J lnò~ Ò è,o \0 ò èx,o m LnOlJ10 000 000......0000 III 0000 000 OOONOlJ10 -I City of Chula Vista Community Development Block Grant Program FY 1999-00 Funding Recommendations Public Service Recommendations ORGANIZATION FY 1999·00 FY 1998·99 AD-HOC COMMITTEE STAFF REQUEST FUNDING RECOMMENDATION RECOMMENDATION CV Aquatic Association $15,000 New Request $5,400 $5,400 CV Youth Services Network $128,000 $112,198 $119,000 $119,000 Sharp Hea~hCare Foundation $50,000 New Request $25.000 $25,000 The Children's Literary Review $4,000 New Request $2,000 $0 Meals on Wheels Greater San Diego $16,000 $12,000 $14,000 $14,000 SI. Charles Nutrition Center $9,034 $2,500 $4,500 $4,500 LSS Shared Housing $4,000 $4.000 $4,000 $4,000 Adu~ Protective Services $12,000 $7,000 $12,000 $12,000 County of San Diego, Voucher Program $8,318 $8,318 $7,000 $8,318 LSS Project Hand $12,000 $12,000 $11,000 $12,000 CV Family Violence Prevention $34,840 $33,000 $34,840 $34,840 Thursday's Meal $10,000 $4,000 $8,000 $8,000 CV Police Dept - Crime Free Program $9,676 New Request $8,820 $9,676 CV Therapeutic Program $35,440 $25,000 $35,440 $26,174 International Christian Center $10,000 New Request No Recommendation $0 CV Literacy Team Center $12,000 $14,000 $12,000 $12,000 Otay Recreation Center $47,826 $64,563 $0 $47.826 TOTAL $418,134 $303,000 1 $342,734 1 CDSG Ad-Hoc Committee made funding recommendations based on the HUD entitlement of $2,020,000 which accounts for the difference between Ad,Hoc and Staff's recommendation. ~---~-_.'."._.-......~-..,.-.-......--- -~"._--'-"'-"'-~-- City of Chula Vista Community Development Block Grant FY 1999·00 Funding Recommendations Community Project Recommendations ORGANIZATION FY 1999-00 FY 1998-99 STAFF REQUEST FUNDING RECOMMENDATION LSS Caring Neighbor Program $24,000 $23,835 $24,000 SBCS Graffiti Eradication $37,000 $30,000 $30,000 Chula Vista Community $76,500 $50,000 $60,000 Preservation Program Labor's Community Service Agency $50,000 New Request $0 Christmas In April San Diego $10,000 New Request $0 SBCS Community Development $75,000 $65,000 $65,000 TOTAL $272,500 $179,000 Economic Development Recommendations ORGANIZATION FY 1999·00 FY 1998,99 STAFF REQUEST FUNDING RECOMMENDATION Southwestern College $24,000 $16,000 $16,000 South County Career Center SBCS Teen Center $26,500 $26,500 $26,500 Chicano Federation $30,792 $5,000 $5,000 CornDev Department $55,000 New Request $55,000 Business Outreach Specialist BECA $100,000 New Request $40,000 Amended to $50,000 TOTAL $236,292 $142,500 --,---_._- --.-----..-"-----.----. City of Chula Vista Community Development Block Grant FY 1999·00 Funding Recommendations Capital Improvement Program Recommendations Non Profit Agencies ORGANIZATION FY 1999-00 FY 1998-99 STAFF REQUEST FUNDING RECOMMENDATION Boys & Girts Club $52.500 New Request $52,500 HV AClKitchen Renovation Feaster Edison CharterSchool $80,000 New Request $0 South Bay Family YMCA $25,000 New Request $25,000 Fourth Avenue Improvements City CIP's Drainage Improvements $534,000 New Request $194,000 Tobias and Glenhaven Way Restroom Construction $119,000 New Request $119.000 Otay, Los Ninos, and GR Pari< Connoley Pari< $176,895 New Request $176,895 Feaster Edison Charter School $214,000 New Request $151,000 Playground Equipment $60,000 New Request $60,000 Renovation Parkway Street Lighting $57,700 New Request $57,500 Orange A venue Street Lighting $199,000 New Request $199,000 ADA Curb Cuts $50,000 $50,000 $50,000 OIay Recreation Center $48,696 $48,696 Section 108 Loan Repayment Emerson Street Improvements $52,250 New Request $52,250 TOTAL $1,669,041 $1,185,841 -------- City of Chula Vista Community Development Block Grant FY 1999-00 Funding Recommendations Administration & Planning Recommendations ORGANIZATION FY 1999-00 FY 1998-99 STAFF REQUEST FUNDING RECOMMENDATION South Bay FamilyYMCA $28,000 $28,000 $28,000 Human Services Council SBCS - Office Rent $71,885 $71,885 $29,7352 Regional Task Force $1,000 $1,000 $1,000 Library & Recreation Dept $9,912 New Request $9,912 Infonnation/Referral Specialist Library & Recreation Dept $30,000 $15,000 $0 Human Services Coordinator Fair Housing Couneil $38,000 $38,000 $38,000 City Staff Administration $270,254 $260,000 $270,254 Planning Recommendations Resurfacing Pool Decks $15,400 New Request $15,400 Lorna Verde Pool - Phase I Street Improvements $30,000 New Request $30,000 Tobias Drive/Oxford/Orlando Street Improvements $17,500 New Request $17,500 Tobias Drive TOTAL $517,451 $439,801 2 The balance of $42,150 will be budgeted from the HOME program budget. ---.---.,..---..-..-.....-.- .--------.--- ----- ~ ITEM #11, ATTACHMENT #4 INTEROFFICE MEMORANDUM TO, RICHARD WHIPPLE FROM, DOUGLAS A. PERRY, FIRE MARSHAL SUBJEcr, CLEARIFICATION OF LETrER WRfITEN 1D PLANNING COMMISSION ON 2-12-99 DATE, 04/29/99 CC, FIRE CHIEF JAMES B. HARDIMAN RICHARD, I WROTE A LETTER TO THE PLANNING COMMISSION REQUESTING THAT MONTERA AND CARNESOS ST. BE CONNECTED. IN THE MEMO, I REFERRED TO THE STREETS BEING 32 FEET WIDE FROM CURB TO CURB, WHICH CAUSED CONCERN FOR THE FIRE DEPARTMENT. WHEN PARKING IS ALLOWED ON BOTH SIDES, THE FIRE DEPARTMENT WOULD ONLY HAVE 16 FEET OF USABLE ACCESS. THE FIRE CODE REQUIRES A MINIMUM OF 20 FEET FOR FIRE DEPARTMENT ACCESS, THE INFORMATION I PUT IN THE MEMO WAS TO EXPLAIN WHY THE FIRE DEPARTMENT AGREED WITH CONNECTING THE TWO STREETS. IT WAS NOT MEANT TO MAKE ANYONE FEEL THE STREET WIDTHS WERE NOT ADEQUTE, IN EARLY FEBRUARY, THE FIRE AND PLANNING DEPARTMENTS WENT OUT TO OTAY RANCH AND CONDUCTED ACCESS TESTS. THE TESTS CONSISTED OF PARKING VEHICLES ON BOTH SIDES AND HAVING FIRE APPARATUS DRIVE DOWN THE STREET, THE ENGINE AND TRUCK WERE ABLE TO RESPOND WITHOUT ANY DELAYS. THE FIRE CHIEF WAS PRESENT AND FELT THE STREET WIDTHS WERE FINE. THE FIRE DEPARTMENT HAS BEEN INVOLVED THROUGHOUT THE PLANNING PROCESS OF OTAY RANCH MAKING SURE ALL OUR CONCERNS WERE ADDRESS. THE ENTIRE PROCESS HAS GONE VERY WELL. THE FIRE DEPARTMENT WILL HAVE SOMEONE AT THE COUNCIL MEETING IF YOU FEEL IT IS NECESSARY, --'-- Memorandum - .... .'.J April 14, 1999 TO: Planning Commission FROM: Douglas A. Perry, Fire Marshal SUBJECT: Connecting street between Montera and Cameros 8t. The Fire Department believes that there should be a connecting street between Montera and Cameros Streets, The way the streets are currently designed creates very long cul-de-sacs. Not only are the two streets long with only one way in and out, they are only 32 feet wide from curb to curb. When parking is allowed on both sides, the usable width for the Fire Department is only 16 feet. The Uniform Fire Code requires a minimum width of 20 feet for fire access, How would the connecting road between Montera and Cameros Streets assist the Fire Department: 1. It will allow us to have two ways in and out for both streets. Not only is this important in a fire situation, it is very important during a disaster. 2. It will allow more flexibility for fire fighting operations. 3. If the street is blocked by one fire engine because of the narrow street, the additional engine would be able to use the connecting street and assist in the suppression of the fire. The bottom line is the connecting street should be required because the narrow street widths and long cul-de-sacs can increase response times and create operation problems for fire fighting operations. Anything that can be done to lessen the potential operational problems for the Fire Department, I feel is the right thing to do. The connecting steet will assist in more effective emergency responses into the area, .- -..... .---- / ,..-~. . I ,'ResÞ'ectfully submitted bou~ A. p~0 -~ Fire Marshal, City of Chula VistCl------'" / -------.. ._..._-_.._---"----~--_.. .------- ITEM ill, ATTACHMENT ~4 INTEROFFICE MEMORANDUM TO: RICHARD WHIPPLE FROM: DOUGLAS A. PERRY, FIRE MARSHAL SUBJECf: CLEARIFICATION OF LETTER WRI1TEN TO PLANNING COMMISSION ON 2.12.99 I>JlTI>: 04/29/99 CC: FIRE CHIEF JAMES B, HARDIMAN RICHARD, I WROTE A LETTER TO THE PLANNING COMMISSION REQUESTING THAT MONTERA AND CARNESOS ST. BE CONNECTED. IN THE MEMO, I REFERRED TO THE STREETS BEING 32 FEET WIDE FROM CURB TO CURB, WHICH CAUSED CONCERN FOR THE FIRE DEPARTMENT, WHEN PARKING IS ALLOWED ON BOTH SIDES, THE FIRE DEPARTMENT WOULD ONLY HAVE 16 FEET OF USABLE ACCESS. THE FIRE CODE REQUIRES A MINIMUM OF 20 FEET FOR FIRE DEPARTMENT ACCESS, THE INFORMATION I PUT IN THE MEMO WAS TO EXPLAIN WHY THE FIRE DEPARTMENT AGREED WITH CONNECTING THE TWO STREETS. IT WAS NOT MEANT TO MAKE ANYONE FEEL THE STREET WIDTHS WERE NOT ADEQUTE, IN EARLY FEBRUARY, THE FIRE AND PLANNING DEPARTMENTS WENT OUT TO OTAY RANCH AND CONDUCTED ACCESS TESTS, THE TESTS CONSISTED OF PARKING VEHICLES ON BOTH SIDES AND HAVING FIRE APPARATUS DRIVE DOWN THE STREET, THE ENGINE AND TRUCK WERE ABLE TO RESPOND WITHOUT ANY DELAYS. THE FIRE CHIEF WAS PRESENT AND FELT THE STREET WIDTHS WERE FINE, THE FIRE DEPARTMENT HAS BEEN INVOLVED THROUGHOUT THE PLANNING PROCESS OF OTAY RANCH MAKING SURE ALL OUR CONCERNS WERE ADDRESS. THE ENTIRE PROCESS HAS GONE VERY WELL. THE FIRE DEPARTMENT WILL HAVE SOMEONE AT THE COUNCIL MEETING IF YOU FEEL IT IS NECESSARY. Memorandum . ~ .. I April 14, 1999 TO: Planning Commission FROM: Douglas A. Perry, Fire Marshal SUBJECT: Connecting street between Montera and Carneros St. The Fire Department believes that there should be a connecting street between Montera and Carneros Streets. The way the streets are currently designed creates very long cul-de-sacs. Not only are the two streets long with only one way in and out, they are only 32 feet wide from curb to curb. When parking is allowed on both sides, the usable width for the Fire Department is only 16 feet. The Uniform Fire Code requires a minimum width of 20 feet for fire access. How would the connecting road between Montera and Carneros Streets assist the Fire Department: 1. It will allow us to have two ways in and out for both streets. Not only is this important in a fire situation, it is very important during a disaster. 2. It will allow more flexibility fDr fire fighting operations. 3. If the street is blocked by one fire engine because of the narrow street, the additional engine would be able to use the connecting street and assist in the suppression of the fire. The bottom line is the connecting street should be required because the narrow street widths and long cul-de-sacs can increase response times and create operation problems for fire fighting operations. Anything that can be done to Jessen the potential operational problems for the Fire Department, I feel is the right thing to do. The connecting steet will assist in more effective emergency responses into the area. ._ _ _ _ '_ . ---. _ m_ ""'"-::~--- I / i'ResPefttully submitted ',,- -~, -:- Ì'" Dou~ A. Perry ~, Fire Marshal, City of Chula Vist~ ,