HomeMy WebLinkAboutAgenda Packet 1998/11/03
UI declare ..nder penalty of perjury that I am
employed by the City of Chula Vista in the
Office of the City Clerk and that I pos~ed
this Agenda/Notice on the Bulletin Board at
the Public S rvi es Building and at City Hall on, "
Tuesday, November 3, 1998 DATED. I""~' <¡¡r SIGNED C/...c7~" CouncilCham1;ers
4:00 p.m. (.,/' Public Services Building
Re2ular Meetimz of the Citv of Chula Vista Citv Council
CALL TO ORDER
1. ROLL CALL: Councilmembers Moot_, Padilla_, Rindone_, Salas_, and Mayor Horton_.
2. PLEDGE OF ALLEGIANCE TO THE FLAG. MOMENT OF SILENCE
3. APPROVAL OF MINUTES: October 6, 1998 and October 20. 1998.
4. SPECIAL ORDERS OF THE DAY:
A. Oath of Office: Steve Castaneda - Resource Conservation Commission.
CONSENT CALENDAR
(Items 5 through 12)
The staff recommendations regarding the following items listed under the Consent Calendar will be enacted by
the Council by one motion without discussion unless a Councilmember, a member of the public, or City staff
requests that the item be pulled for discussion. If you wish to speak on one of these items, please fill out a
"Request to Speak Form" availoble in the lobby and submit it to the City Clerk prior to the meeting. Items pulled
from the Consent Calendar will be discussed after Board and Commission Recommendations and Action Items.
Items pulled by the public will be the first items of business.
5. WRITTEN COMMUNICATIONS:
A. Letter from the City Attorney stating that to the best of his knowledge from observance of
actions taken in Closed Session on October 27, 1998, that there were no actions taken which
are required under the Brown Act to be reported. It is recommended that the letter be
received and filed.
6. ORDINANCE 2761 ESTABLISHING A 45 MPH SPEED LIMIT ON OTAY VALLEY ROAD
BETWEEN SPYGLASS HILL ROAD AND THE SOUTH CITY LIMITS, AND ADDING THIS
ROADWAY SEGMENT TO SCHEDULE X OF A REGISTER AS MAINTAINED BY THE CITY
ENGINEER (second readimz and adootion) - Based on the provisions of the California Vehicle Code
Section 40803, and pursuant to authority under the Municipal Code Section 10.48.020, the City Engineer
has determined that in the interest of minimizing traffic hazards and traffic congestion, and for the
promotion of public safety, the speed limit on Otay Valley Road between Spyglass Hill Road and the south
City limits, be established at 45 mph. Staff recommends Council place the ordinance on second reading
and adoption. (Director of Public Works)
7. ORDINANCE 2762 ESTABLISHING A 45 MPH SPEED LIMIT ON OTAY VALLEY ROAD
BETWEEN THE EAST END OF THE MEDIAN ISLAND (.5 MILES EAST OF NIRVANA
AVENUE) AND SPYGLASS HILL ROAD, AND ADDING THIS ROADWAY SEGMENT TO
SCHEDULE X OF A REGISTER AS MAINTAINED BY THE CITY ENGINEER (second readim!
and adootion) - Based on the provisions of the California Vehicle Code Section 40803, and pursuant to
authority under the Municipal Code Section 10.48.020, the City Engineer has determined that in the interest
ofrninimizing traffic hazards and traffic congestion, and for the promotion of public safety, the speed limit
on Otay Valley Road between the east end of the median island (.5 miles east of Nirvana Avenue) and
Spyglass Hill Road, be established at 45 mph. Staff recommends Council place the ordinance on second
reading and adoption. (Director of Public Works)
I
Agenda -2- November 3, 1998
8. ORDINANCE 2763 ESTABLISHING A 50 MPH SPEED LIMIT ON OTAY VALLEY ROAD
BETWEEN NIRVANA A VENUE AND THE EAST END OF THE MEDIAN ISLAND (.5 MILES
EAST OF NIRVANA A VENUE) AND ADDING THIS ROADWAY SEGMENT TO SCHEDULE X
OF A REGISTER MAINTAINED BY THE CITY ENGINEER (second readinl!: and adootion) - Based
on the provisions of the California Vehicle Code Section 40803, and pursuant to authority under the
Municipal Code section 10.48.020, the City Engineer has determined that in the interest of minimizing
traffic hazards and traffic congestion, and for the promotion of public safety, the speed limit on Otay
Valley Road between Nirvana Avenue and the east end of the median island (.5 miles east of Nirvana
Avenue) be established at 50 mph. Staff recommends Council place the ordinance on second reading and
adoption. (Director of Public Works)
9.A. RESOLUTION 19243 APPROVING FINAL MAPS OF TRACT NUMBER 92-02, SALT CREEK
RANCH, NEIGHBORHOOD 5, UNITS 2 THROUGH 5, AND NEIGHBORHOOD 6, UNITS 6
THROUGH 10, ACCEPTING ON BEHALF OF THE CITY PUBLIC STREETS AND EASEMENTS
GRANTED ON SAID MAPS WITHIN SAID SUBDIVISIONS, REJECTING ON BEHALF OF THE
CITY ALL OPEN SPACE LOTS GRANTED ON SAID MAPS WITHIN SAID SUBDIVISIONS,
AND APPROVING SUBDIVISION IMPROVEMENT AGREEMENTS FOR THE COMPLETION
OF IMPROVEMENTS REQUIRED BY SAID SUBDIVISIONS, AND AUTHORIZING THE
MAYOR TO EXECUTE SAID AGREEMENTS - On October 6, 1992, Council approved the Tentative
Subdivision Map for Tract Number 92-02, Salt Creek Ranch. On that Tentative Map, neighborhood
boundaries were delineated. The Final Maps. Subdivision Improvement Agreements, and Supplemental
Subdivision Improvement Agreements for Neighborhood 5, Units 2 through 5, and Neighborhood 6, Units
6 through 10. are now before Council for consideration and approval. Staff recommends approval of the
resolutions. (Director of Public Works)
B. RESOLUTION 19244 APPROVING SUPPLEMENTAL SUBDIVISION IMPROVEMENT
AGREEMENT FOR TRACT NUMBER 92-02, SALT CREEK RANCH, NEIGHBORHOOD 5,
UNITS 2 THROUGH 5, AND NEIGHBORHOOD 6, UNITS 6 THROUGH 10, AND AUTHORIZING
THE MAYOR TO EXECUTE SAID AGREEMENTS
1O.A. RESOLUTION 19245 APPROVING FINAL "B" MAPS FOR TRACT NUMBER 97-02,
MCMILLIN OTAY RANCH SPA ONE, PHASE 1, UNITS 1 AND 4, ACCEPTING ON BEHALF
OF THE PUBLIC THE PUBLIC STREETS GRANTED ON SAID MAPS WITHIN SAID
SUBDIVISIONS, ACCEPTING ON BEHALF OF THE CITY THE EASEMENTS GRANTED ON
SAID MAPS WITHIN SAID SUBDIVISIONS, ACKNOWLEDGING ON BEHALF OF THE PUBLIC
THE IRREVOCABLE OFFER OF GRANT OF FEE INTEREST OF LOTS FOR OPEN SPACE
AND OTHER PUBLIC PURPOSES ON SAID MAPS WITHIN SAID SUBDIVISIONS AND
APPROVING SUBDIVISION IMPROVEMENT AGREEMENT FOR THE COMPLETION OF
IMPROVEMENTS REQUIRED BY SAID SUBDIVISIONS AND AUTHORIZING THE MAYOR
TO EXECUTE SAID AGREEMENTS - Council will consider the approval of the Final 'B' Maps for
Units I and 4 of the McMillin Otay Ranch SPA One, Phase 1 (CVT 97-02) and two associated agreements.
Staff recommends approval of the resolutions. (Director of Public Works)
B. RESOLUTION 19246 APPROVING SUPPLEMENTAL SUBDIVISION IMPROVEMENT
AGREEMENT FOR THE FIRST FINAL "B" MAPS FOR UNITS 1 AND 4 OF TRACT NUMBER
97-02, MCMILLIN OT A Y RANCH SPA ONE, PHASE I, AND AUTHORIZING THE MAYOR TO
EXECUTE SAID AGREEMENT
II. RESOLUTION 19247 ACCEPTING BIDS AND AWARDING CONTRACT FOR THE
CONSTRUCTION OF DELINEATOR REMOVAL PROGRAM - PHASE III AT FOURTH A VENUE
AND "E" STREET AND ALONG OTAY LAKES ROAD NEAR BONITA VISTA MIDDLE
SCHOOL, (TF239) TO STAR PAVING CORP., SAN DIEGO, IN THE AMOUNT OF $40,907.50
AND TRANSFERRING FUNDS THEREFOR - On September 2, 1998, sealed bids were received. The
general scope of the project involves the construction of raised medians at the intersection of Fourth
Avenue and 'E' Street (in front of the ARCO gas station) and along Otay Lakes Road near Bonita Vista
Middle School. The work to be done involves the removal and disposal of existing improvements,
installation of median curbs, colored and stamped concrete slab work, street signs, pavement striping,
traffic control, and other miscellaneous structures as shown on the plans. Staff recommends approval of
the resolution. (Director of Public Works)
---------
Agenda -3- November 3, 1998
12. RESOLUTION 19248 AUTHORIZING THE ISSUANCE OF ENCROACHMENT PERMIT
NUMBER 410 TO BUILD A COMMERCIAL BUILDING OVER THE EXISTING TELEGRAPH
CANYON CHANNEL AT 375 TELEGRAPH CANYON ROAD - The owners of the property located
at 375 Telegraph Canyon Road (Hilltop Terrace Trust) are proposing to build a 6,300 square foot retail
commercial building which partially encroaches into the City's stonn drain easement for the Telegraph
Canyon channel. The owners have requested the City grant an encroachment pennit to allow a portion of
the commercial building to be built on top of the existing box culvert. Staff recommends approval of the
resolution. (Director of Public Works)
* * * END OF CONSENT CALENDAR * * *
ADJOURNMENT TO REGULAR AND/OR JOINT MEETING OF THE REDEVELOPMENT AGENCY
ORAL COMMUNICATIONS
This is an opportunity for the general public to address the City Council on any subject mailer within the
Council's jurisdiction that is not an item on this agenda for public discussion. (State low, however, generally
prohibits the City Council from taking action on any issues not included on the posted agenda.) If you wish to
address the Council on such a subject, please complete the "Request to Speak Under Oral Communications
Form" availoble in the lobby and submit it to the City Clerk prior to the meeting. Those who wish to speak,
please give your name and address for record purposes and follow up action.
PUBLIC HEARINGS AND RELATED RESOLUTIONS AND ORDINANCES
The following items have been advertised and/or posted as public hearings as required by low. If you wish to
speak to any item, please fill out the "Request to Speak Form" available in the lobby and submit it to the City
Clerk prior to the meeting.
13. REPORT CONSIDER CERTIFYING THE FINAL OT A Y RANCH AMENDED SPA ONE PLAN
SECOND-TIER ENVmONMENTAL IMPACT REPORT, FINDINGS OF FACT, STATEMENT OF
OVERRIDING CONSIDERATIONS, AND MITIGATION MONITORING PROGRAM AS
COMPLYING WITH THE CALIFORNIA ENVIRONMENTAL QUALITY ACT - On August 26,
1998, the Planning Commission closed the public hearing and public review period and directed staff to
prepare the Final EIR on the SPA One Plan amendments with Response to Comments, Mitigation
Monitoring Program, Findings of Fact, and Statement of Overriding Considerations. On October 21, 1998,
the Planning Commission certified the Final E1R as complying with CEQA. Staff recornmends this item
be continued to the meetin!! of Novemher 10. 1998. (Director of Planning and Building) This is a
related item. but does not reouire a oublic hearin!!. Continued from the meetin!! of October 27.
1998.
14. PUBLIC HEARING GPA-97-04 AND PCM-97-10: CONSIDERATION OF AMENDMENTS TO
THE CITY'S GENERAL PLAN AND THE OT A Y RANCH GENERAL DEVELOPMENT PLAN IN
VILLAGES 1, 2, 6, 7, 13, AND 15 - The proposed amendments to the City's General Plan and Otay
Ranch Geoeral Development Plan will change the Low-Medium residential designation within the Otay
Landfill buffer in Village 2 as required by the Otay Landfill Agreement with the County of San Diego;
expand the Low-Medium residential designation in Village 1 and 2 west of Paseo Ranchero in exchange
for Open Space designations in Villages 13 and 15; and relocate a high school site from Village 7 to
Village 2 in the Otay Ranch. Staff recommends the Dublic hearin!! be continued to the rneetin!! of
November 10. 1998. (Director of Planning and Building) Continued frorn the rneetin!! of October 27.
1998.
Agenda -4- November 3, 1998
15. PUBLIC HEARING GPA-98-02 AND PCM-98-26: CONSIDERATION OF AN AMENDMENT TO
THE CITY'S GENERAL PLAN AND THE OT A Y RANCH GENERAL DEVELOPMENT
PLAN/SUBREGIONAL PLAN TO REMOVE RESIDENTIAL LAND USES IN VILLAGE 2 OF THE
OT A Y RANCH WITHIN 1,000 FEET OF THE OT A Y LANDFILL - The City proposes to ameod the
General Plan and the Otay Ranch General Development Plan on Village 2 located east of the Otay Landfill.
The amendment is required by the conditions of the Otay Landfill Tax Sharing Agreement with the County
of San Diego. The agreement requires the City to remove residential land uses within a 1,000-foot
"buffer" on the Otay Landfill's eastern property line located in Village 2 of the Otay Ranch. The
agreement requires the City to amend its General Plan and other associated zoning measures by November
15, 1998. Staff recommends the ouhlic hearin!! he continued to the meetin!! of November 10. 1998.
(Director of Planning and Building) Continued from the rneetin!! of October 27. 1998.
BOARD AND COMMISSION RECOMMENDATIONS
This is the time the City Council will consider items which have been forwarded to them for consideration by one
of the City's Boards, Commissions, and/or Committees.
None submitted.
ACTION ITEMS
The items listed in this section of the agenda are expected to elicit substantial discussions and deliberations by
the Council, staff, or members of the general public. The items will be considered individually by the Council
and staff recommendations may in certain cases be presented in the alternative. Those who wish to speak, please
fill out a "Request to Speak" form availoble in the lobby and submit it to the City Clerk prior to the meeting.
None submitted.
ITEMS PULLED FROM THE CONSENT CALENDAR
This is the time the City Council will discuss items which have been removed from the Consent Calendar.
Agenda items pulled at the request of the public will be considered prior to those pulled by Councilmembers.
OTHER BUSINESS
16. CITY MANAGER'S REPORT IS)
A. Scheduling of meetings.
17. MA YOR'S REPORT IS)
18. COUNCIL COMMENTS
ADJOURNMENT
The meeting will adjourn to (a closed session and thence to) a special meeting of the City Council on Tuesday,
November 10, 1998 at 5:00 p.m. in the City Council Chambers, thence to the regular City Council meeting on
November 10, 1998 at 6:00 p.m. in the City Council Chambers.
A joint meeting of the City Council/Redevelopment Agency will be held immediately following the City Council
meeting.
'" declare ynder penalty of parjury that I am
employed by tha City of Chula Vista in the
Office of the City Clerk and that I posted
this Agenda/Notice on the Bulletin Board at
Tuesday, November 3, 1998 the Public ervi es uildin2 6 h.-/·J on Council Chambers
4:00 p.m. DATED, ;'" SIGNED -f.. 'Pnlllic Services Building
(immediately following the City Council Meeting)
CHULA VISTA CITY COUNCIL CLOSED SESSION AGENDA
Effective Aprill, 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 low 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 low 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 availnble in the City Clerk's Office.
I. CONFERENCE WITH LEGAL COUNSEL REGARDING:
. Existing litigation pursuant to Government Code Section 54956.9(a)
I. Gillespie v. City of Chula Vista.
. Significant exposure to litigation pursuant to Government Code Section 54956.9(b)
1. Three cases.
2. REPORT OF ACTIONS TAKEN IN CLOSED SESSION
~\~
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CllY OF ~()'tßC~~
CHUIA VISTA
TRANSMITTAL MEMORANDUM
October 29, 1998
TO The Honorable Mayor and City Council V
FROM D.v¡d D. Rowl.""" k, City Mrnag.tf,9""
SUBJECT City Council Agenda for Tuesday, November 3, 1998
This will transmit the agenda and related materials for the regular City Council meeting of
Tuesday, November 3,1998. Comments regarding the Written Communications are as follows:
Sa. This is a letter ftom the City Attorney stating that to the best of his knowledge ftom
observance of actions taken in Closed Session on October 27,1998 in which the City
Attorney participated, 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.
~(~
::~~~
~~~E
CllY OF
CHUIA VISfA
OFFICE OF THE CITY ATTORNEY
Date: October 28, 1998
To: The Honorable Mayor and City Council ~~
From: John M. Kaheny, City Attorney ~~
Re:
Report Regarding Actions Taken in Closed Session
for the Meeting of 10/27/98
The city Council met in Closed Session on 10/27/98 to discuss:
Existing Litigation pursuant to Government Code section 54965.9 (a) :
Fritsch v. City of Chula vista.
Significant exposure to litigation pursuant to Government Code
section 54956.9 (b) : One case.
The City Attorney hereby reports to the best of his knowledge from
observance of actions taken in the Closed Session in which the City
Attorney participated, that there were no reportable actions which
are required under the Brown Act to be reported.
JMK: 19k
C:\lt\clossess.no
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276 FOURTH AVENUE' CHULA VISTA' CALIFORNIA 91910' (619) 691·5037' FAX (619) 409-5823
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ORDINANCE NO. J 7 (p / .ø-).~~ ..~
-
AN ORDINANCE ESTA:BLISHING A 45 M~H. SPEED
LIMIT ON OTAY VALLEY ROAD ~ SPYGLASS
HILL ROAD AND THE SOUTH CI . . LIMITS, AND
ADDING THIS ROADWAY SEGMENT . CHEDULE X OF A
REGISTER AS MAINTAINED B~~ CITY ENGINEER
WHEREAS, based on th~provisions of the California
Vehicle Code Section 40803, and pursuant to authority under the
Chula Vista Municipal Code Section 10.48.020, the City Engineer has
determined that in the interest of minimizing traffic hazards and
traffic congestion, and for the promotion of public safety, the
speed limit on Otay Valley Road between Spyglass Hill Road and the
south City limits be established at 45 MPH; and
WHEREAS, a engineering and traffic study, as required by
State Law, has been conducted and it has been determined that the
appropriate speed in this area is to be posted at 45 MPH.
NOW, THEREFORE , the City Council of the City of Chula
Vista does ordain as follows:
SECTION I: That Schedule X of a Register of Schedules
maintained by the City Engineer as provided in Section 10.48.020 of
- the Chula Vista Municipal Code, Established Speed Limits in Certain ,-.
,
Zones and Establishing a Speed Limit of 45 MPH on Otay Valley Road
between Spyglass Hill Road and the south City limits, adding this
location to Schedule X, is hereby amended to include the following
changes:
Chula Vista Municipal Code Section 10.48.020 - SCHEDULE X
ESTABLISHED SPEED LIMITS IN CERTAIN ZONES
Name of Street Beqinninq At Endinq At Proposed
Speed Limit
Otay Valley Spyglass Hill South City 45 M.P.H.
Road Road limits
SECTION II: This ordinance shall take effect and be in
full force on the thirtieth day from and after its adoption.
Presented by Approved as to form by
John P. Lippitt, Director of
- Public Works
H:\home\lorraine\OR\SPEED.EST
~¡-/
ORD INANCE NO. ;¿ '} t .2, r\'{J~
{i5~'
AN ORDINANCE ESTABLISHING A 45 M.P.H. SP
LIMIT ON OTAY VALLEY ROAD BETWEEN THE E~END
OF THE MEDIAN ISLAND (.5 MILES ~~\$l RVANA
AVENUE) AND SPYGLASS HILL ROAD, ADDING
THIS ROADWAY SEGMENT TO SCHE X OF A
REGISTER AS MAINTAINED BY THEO~TY ENGINEER
WHEREAS, based on the pr~sions of the California
Vehicle Code Section 40803, and pursuant to authority under the
Chula Vista Municipal Code Section 10.48.020, the City Engineer has
determined that in the interest of minimizing traffic hazards and
traffic congestion, and for the promotion of public safety, the
speed limit on Otay Valley Road between the east end of the median
island (.5 miles east of Nirvana Avenue) and Spyglass Road be
established at 45 MPH; and
WHEREAS, a engineering and traffic study, as required by
State Law, has been conducted and it has been determined that the
appropriate speed in this area is to be posted at 45 MPH.
NOW, THEREFORE, the City Council of the City of Chula
Vista does ordain as follows:
SECTION I: That Schedule X of a Register of Schedules
maintained by the City Engineer as provided in Section 10.48.020 of
the Chula Vista Municipal Code, Established Speed Limits in Certain
Zones and Establishing a Speed Limit of 45 MPH on Otay Valley Road
between the east end of the median island (.5 miles east of Nirvana
Avenue) and Spyglass Hill Road, adding this location to Schedule X,
is hereby amended to include the following changes:
Chula Vista Municipal Code section 10.48.020 - SCHEDULE X
ESTABLISHED SPEED LIMITS IN CERTAIN ZONES
Name of Street Beqinninq At Endinq At Proposed
Speed Limit
ütay Valley East end of Spyglass Hill 45 M.P.H.
Road the raised Road
median (.5
miles east of
Nirvana
Avenue)
SECTION II: This ordinance shall take effect and be in
full force on the thirtieth day from and after its adoption.
Presented by Approved as to form by
John P. Lippitt, Director of M. Kaheny,
Public Works torney
H:\home\lorraine\OR\SPEED.EST 7~/
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2?¿J ~
ORDINANCE NO. I'
AN ORDINANCE ESTABLISHING A SO M.P.H. SmD
LIMIT ON OTAY VALLEY ROAD BETWEEN NJI A
AVENUE AND THE EAST END OF THE MEDIAN LAND
(.5 MILES EAST OF NIRVANA AVENUE) ~DING
THIS ROADWAY SEGMENT TO SCHEDULE OF A
REGISTER MAINTAINED BY THE CITY EN ER
WHEREAS, based on the provis of the California
Vehicle Code Section 40803, and pursuant 0 authority under the
Chula Vista Municipal Code Section 10.48.020, the City Engineer has
determined that in the interest of minimizing traffic hazards and
traffic congestion, and for the promotion of public safety, the
speed limit on Nirvana Avenue and the east end of the median island
(.5 miles east of Nirvana Avenue) be established at SO MPH; and
WHEREAS, a engineering and traffic study, as required by
State Law, has been conducted and it has been determined that the
appropriate speed in this area is to be posted at SO MPH.
NOW, THEREFORE, the City Council of the City of Chula
Vista does ordain as follows:
SECTION I: That Schedule X of a Register of Schedules
maintained by the City Engineer as provided in Section 10.48.020 of
the Chula Vista Municipal Code, Established Speed Limits in Certain
Zones and Establishing a Speed Limit of 35 MPH on Clubhouse Drive
between EastLake Parkway and Hunte Parkway, adding this location to
Schedule X, is hereby amended to include the following changes:
Chula Vista Municipal Code Section 10.48.020 - SCHEDULE X
ESTABLISHED SPEED LIMITS IN CERTAIN ZONES
Name of Street Beqinninq At Endinq At Proposed
Speed Limit
Otay Valley Nirvana Avenue East end of so M.P.H.
Road the raised
median
SECTION II: This ordinance shall take effect and be in
full force on the thirtieth day from and after its adoption.
Presented by Approved as to form by
John P. Lippitt, Director of
Public Works
H;\home\lorraine\OR\SPEED.EST
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.JOF OF PUBLICATION This space is for the County Clerk's filing stamp
(2015.5 C,C.P.)
STATE OF CALIFORNIA,
County of San Diego:
I am a citizen of the United States and Proof of Publicaton of:
a resident of the County aforesaid; I am CV11688
over the age of eighteen years, and not --------------------------.-----------------------
Adoption of Ordinance #2761 ;l?62/:l1¿.3'
a party to or interested in the above-
entitled matter. I am the principal clerk ----------------------------------_1___-----------
of the printer of the STAR-NEWS, a
newspaper of general circulation, pub- ,.-., ,,_.,~. -.." ",- ... \
" NonCE OF AOOPTION ";
lished ONCE WEEKLY in the city of ~._ OF OROINANCES ,: ,c. otice
'p ¡ OROINANCE' NO.
Chula Vista and the South Bay Judicial 2 6 ESTABLISHING A.45
MPHSPEEIHlIMIT<ON
District, County of San Diego, which OTAY VALlEY ~ROAD BE-'
TWEEN SPYGlASS HILL
newspaper has been adjudged a news- ROADANo. THE: SOUTH
CIlY LIMITS ANO ADDING
paper of general circulation by the THIS RDAINlAY SEGM~
TO SCHEDULE X'.DF'A
Superior Court of the County of San REGISTJ:Rç, AS>' MAiN-
TAINED 'BY,THE CIlY EN;
Diego, State of California, under the GINEER'::jl'.·f':::,~),~:}}:?t
i (2~<;;ORDINANCE' NO;
date of April 23, 1951, Case Number 276ESTABUSHING A' 45
MPH" SPEED':.lIMIT,;:ON.
182529; that the notice, of which the OTAY,jJtAlL.E'/1;ROAD-,~.¡
annexed is a printed copy (set in type lWEEN·IHE EAST END.O . I
('-""
not smaller than nonpareil), has been MILES~;O~NIRV~_i
AV9IU~l?~D: ~G .'
published in each regular and entire HllI7R ADi'ANDADDING'
IS ROAINlAY SEGM NT.
.,""""',,,..,\
issue of said newspaper and not in any I REGISlE~~ M~IN:
supplement thereof on the following ;W~EH,.!I_ _,~IJfEN);.
GINEERU'w'"(:·~~,¥"~Ji
dates, to-wit: . (~+' ORDINANCE' NO,
27 ESTABlISHINGA 50'
MPH'S,ffi~LIMJr:ON
1117 OTAY;V, ~ROAD:Be:>
1WEEN'NIRVANA'AV9IU~
all in the year 1998 AND;"THe.¡EAST{ENDI0~
THE'-.~IAN;ISI:AND"(.5"
MILES,EA$ko¡:,;J/IRVANA:
! AVEN=I16AODlNG,
I certify (or declare) under penalty of 1}fIS WAVSEGMEN11
.. TOj'SCHEDU~~ì)¡¡r~
'REGISTJ:R;j. AINED,
perjury that the foregoing is true and BY THE.CI ,ENGINEERi_~¡
!'-~Thes~I;fOf.ØJña~~~had.
correct. . th.lr ~($r@!fl¡:Y~Oc1I1"
,bér 27f.1998M' !fIè(,.OMit
, ondreadiriÕ'àïìdadóPtion
Dated at Chula Vista, California 91910 at'1I1jj'lØgu!arrmoetlngol
Novem~'.I998W1th the·
fÒllowi~., 'Yote::''':AYESi.
MoOt:;: adilla".Rindoõ.;
Salas;,'. NOES" None; 'Alh
this 7th day of November ,19~ ~~~:.~ ~~~~fê~*~~~}
'Pu"ùiñ(tõ;Cjf{Cliártor
Secti.on 312(b/: a full copy
Sìgnature~ e& of-"sald~O,d nanc...·' a'.
iMlilablé'Trí:iheCitY.ClêrI<'s
Office 'ãiíd;arÙvailable to
alLintorosted, /IS bY
calli~691~'" ,'"
. . DA, E!!;;'!l9Vèmbèr;'. 4;
P NCI CLERK
199868l~~f,çò,.t.~hi.":· :~-Yf""
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COUNCIL AGENDA STATEMENT
Item '9
Meeting Date 11/3/98
ITEM TITLE: A) Resolution /9:z'l3 Approving Final Maps of Chula Vista
Tract No. 92-02, Salt Creek Ranch, Neighborhood 5, Units 2
through 5, and Neighborhood 6, Units 6 through 10, Accepting on
Behalf of the City of Chula Vista, Public Streets and Easements
Granted on Said Maps within Said Subdivisions, Rejecting on
Behalf of the City of Chula Vista ,All Open Space Lots Granted on
Said Maps within Said Subdivisions, and Approving Subdivision
Improvement Agreements for the Completion of Improvements
Required by Said Subdivisions, and Authorizing the Mayor to
Execute Said Agreements
B) Resolution ) 9) '/'1 Approving Supplemental Subdivision
Improvement Agreement for Chula Vista Tract 92-02, Salt Creek
Ranch, Neighborhood 5, Units 2 through 5, and Neighborhood 6,
Units 6 through 10, and Authorizing the Mayor to Execute Said
Agreements
SUBMITTED BY: Director of Public Work~
.~
REVIEWED BY: City Manager b \)~ (4/Sths Vote: Yes_NoX)
f'" On October 6, 1992, by Resolution No. 16834, City Council approved the Tentative Subdivision
Map for Chula Vista Tract 92-02, Salt Creek Ranch (see Attachment 1). On that tentative map,
neighborhood boundaries were delineated. The Final Maps, Subdivision Improvement
Agreements, and Supplemental Subdivision Improvement Agreement for Neighborhood 5, Units
2 through 5, and Neighborhood 6, Units 6 through 10, (9 TOTAL) are now before Council for
consideration and approval.
RECOMMENDATION: That Council approve the resolutions approving: (A) the Final Maps
and Subdivision Improvement Agreements; and (B) the Supplemental Subdivision Improvement
Agreement.
BOARDS/COMMISSIONS RECOMMENDATION: None.
c;-j
m,. . ',_.. ____.___ _ __ __ _____________.._~_
Page 2, Item
Meeting Date 11/3/98
DISCUSSION:
Final MaDs and Associated Imvrovement A¡:reements
Neighborhood 5 is generally located south of Proctor Valley Road and east of Lane Avenue.
Neighborhood 6 is located north and east of Neighborhood 5. The final maps for each unit consis t
of the following:
Neighborhood 5, Unit 2 23 1 (0.53 Acres) 5.513
Neighborhood 5, Unit 3 34 0 6.251
Neighborhood 5, Unit 4 13 I (0.802 Acres) 3.567
Neighborhood 5, Unit 5 22 1 (0.942 Acres) 5.020
Neighborhood 6, Unit 6 28 2 (0.3.270 Acres) 9.624
Neighborhood 6, Unit 7 17 1 (0.769 Acres) 4.686
Neighborhood 6,Unit 8 30 2( 0.571 Acres) 5.573
Neighborhood 6, Unit 9 20 0 3.390
Neighborhood 6, Unit 10 18 0 3.674
I TOTALS I 205 I 8 ( 6.884 Acres) I 47.298 I
Plats for Neighborhoods 5, and 6 are attached as Attachments 2A, and 2B, respectively.
Where they are placed in relationship to each other is shown on Attachment 2C.
The fmal maps for the nine subdivisions have been reviewed by the Department of Public Works
and found to be in substantial conformance with the approved Tentative Map. Approval of the
maps constitutes acceptance by the City of all drainage, sewer, tree planting, general utility, and
general access easements within each of the corresponding subdivisions. Approval of the maps
also constitutes acceptance, on behalf of the public, of the following streets:
9-2
Page 3, Item
Meeting Date 11/3/98
ISªlt ...... <
.....
'...."'..., ,~...." ...... ........ i. . 7''-''''''''~ <
Neighborhood 5, Unit 2 Pueblo Place and portions of Stone Canyon Road
Neighborhood 5, Unit 3 Portions of River Rock Road
Neighborhood 5, Unit 4 Portions of River Rock Road and portions of Stone Canyon Road
Neighborhood 5, Unit 5 Portions of Stone Canyon Road
Neighborhood 6, Unit 6 Portions of River Rock Road and portions of Esperanza Place
Neighborhood 6, Unit 7 Portions of Esperanza Place
Neighborhood 6, Unit 8 South Valley View Drive and Creekside Place
Neighborhood 6, Unit 9 Portions of Valley View Drive
Neighborhood 6, Unit 10 Portions of Valley View Drive
Approval of the maps also constitutes acceptance of ten foot-wide general utility easements within
Open Space Lots for the installation and maintenance of public utilities, and 5 Vz' tree planting
and maintenance easements along interior streets, noting that use of said easements by others is
subject to written permission and issuance of an Encroachment Permit from the City of Chula
Vista. However, approval of the maps does not constitute acceptance of the Open Space lots,
noting that Section 7050 of the Government Code of the State of California provides th at an offer
of dedication shall remain open and subject to future acceptance by the City.
At this time, the City is rejecting the dedication of all open space lots on all Final Maps.
However, under Section 7050 of the Government Code of the State of California, these offers of
dedication remain open and subject to future acceptance by the City. The eight open space lots
will be maintained by the Rolling Hills Ranch Homeowners' Association (HOA).
Phasing of the completion of the local parks for this project has been re fined. The neighborhood
park implementation has been initiated before the community park as a result of existing
constituent expression to the City of a need for local park facilities sooner than was feasible for
the community park design and implementation. The decision to implement the neighborhood
park before the community park was previously agreed upon by the fonner Director of Parks and
Recreation, City Administration and the Developer.
9-.5
Page 4, Item
Meeting Date 11/3/98
The developer has executed one Supplemental Subdivision Improvement Agreement for all nine
maps in order to satisfy remaining Tentative Map conditions of approval of CVT 92-02. The
Tentative Map conditions of approval are presented in attachment 1 per Resolution 16834.
1. Condition No.2 of the resolution requires the developer to install public facilities in
accordance with the Public Facilities Financing Plan as amended or as required by the City
Engineer to meet threshold standards adopted by the City of Chula Vista. In addition, th e
sequence that improvements are constructed shall correspond to any future East Chula
Vista Transportation Phasing Plan as may be amended in accordance with the fInal HNTB
SR-125 Financing Study adopted by the City. The City Engineer and the Director of
Planning and Building may, at their discretion, modify the sequence of improvement
construction should conditions change to warrant such a revision.
2. Condition No.4. of the resolution requires the developer, unless otherwise conditioned,
to comply with, remain in compliance with, and implement, the terms, conditions and
provisions of the Salt Creek General Development Plan, Sectional Planning Area Plan, and
such Master Plan of Reclaimed Water, Urban Runoff Report, Habitat Enhancement Plan,
Master Plan of Sewage. Water Conservation Plan, the Air Quality Improvement Plan
Design Guidelines and the Public Facilities Financing Plan approved by the Council
("Plans") as are applicable to the property which is the subject matter of the Tentative
Map, prior to approval of the Final Maps, or shall have entered into an agreement with
the City, providing the City with such security (including recordation of covenants running
with the land) and implementation procedures as the City may require, assuring that, afte r
approval of the Final Maps, the developer shall continue to comply with, remain in
compliance with, and implement such Plans. Developer hereby agrees to waive any claim
that the adoption of a fInal Water Conservation Plan or Air Quality Improvement Plan
constitutes an improper subsequent imposition of the condition.
3. Condition No. 124 of the resolution requires the developer to make all proposed
development consistent with the Salt Creek Ranch SPA Planned Community District
Regulations, subject to the approval of the Director of Planning and Building.
Developer has agreed, unless otherwise conditioned, that Developer shall comply with all
unfulfIlled conditions of approval of the Salt Creek Ranch Tentative Map, Tract 92-02 established
by Resolution No. 16834 approved by Council on October 6, 1992.
The developer has also executed Subdivision Improvement Agreements for each of the nine maps
and has provided bonds to guarantee construction of the required public improvements and to
guarantee the subdivision monumentation and benchmarks. The developer has paid all applicable
fees. The Subdivision Improvement Agreements and bonds are on fIle in the office of the City
Clerk.
9~Y
Page 5, Item
Meeting Date 11/3/98
Please note that the developer's disclosure statement is included as Attachments 3.
FISCAL IMPACT: None. All staff costs associated with processing of improvement plans and
final map will be reimbursed from developer deposits.
Attachment 1: Chula Vista Tract 92-02, Resolution 16834 NOT SCANNED
Attachment 2A: Plat - Salt Creek Ranch Neighborhood 5
Attachment 2B: Plat - Salt Creek Ranch Neighborhood 6
Attachment 2C Plat - Salt Creek Ranch Neighborhoods 5 and 6 combined
Attachment 3: Developer's Disclosure Statement
[FILE NO. 0600-80-SCR07] & [FILE NO. 0600-80-SCRIO]
[H,IHOMEIENGINEERIAGENDA ICASSCR56.DEK]
October 23. 1998 (4,45pm)
9<_5
_.,.__.----_._..~---_._- - --. ----~...-
¿f9
RI6E3" RESOLL~=ON OF TEE CITY COUNCI~ OF THE CITY OF C~~~_ VISTA
APPROVING THE ~El\~ATIVE SUBDIVISION JV"J...? FOR SAI;:: C:REEK P.A.NC"ii, CHULÞ.
VISTA TRACT 92-02 AND MAKING THE NECESSARY FIliûINGS, RECERTIFYING
SUPPLEMENTAL ENVIRONMENTAL IMPACT REPORT SEIR 9:2.-03 (SCH #89092721)
AND P~OPTING THE STATEMENT OF OVERRIDING CONSIDERATIONS AND THE
MITIGATION MONITORING PROGRAM FOR THE SEIR
WHEREAS I the property which is the subject: matter of this
resolution is identified and described on Chula Vista Tract 92-02,
and is commonly Y~own as Salt Creek Ranch ( "Property") ; and,
WHEREAS , the Baldwin Company filed a duly verified application for
the subdivision of the Property in the form of the tentative
subdivision map known as Salt Creek Ranch, Chula Vista Tract 92-02,
with the Planning Department of the City of Chula Vista on June 15,
:J.9 9 2 ("Project") ; and,
WHEREAS , said application requested the approval for the
subdivision of approximately 1197.4 acres located on both sides of
Proctor Valley Road, east of the easterly terminus of East H
Street, into 2,609 residential lots, open space areas, two school
lots, two parks and two community purpose facility lots; and,
WHEREAS , the development of the Property has been the subject
matter of a General Development Plan ("GDP") previously approved by
the City Council on September 25, 1990 by Resolution No. 15875
("GDP Resolution") wherein the City Council, in the environmental
evaluation of said GDP, relied in part on the Salt Creek Ranch,
General Development Plan, Environmental Impact Report No. 89-03,
SCH No. 89092721 ( "Program EIR 89-03") , a program environmental
impact report as same is defined in CEQA Guideline Section 15168;
and,
WHEREAS , the development of the Property has been the subject
matter oÍ a Section Planning Area Plan ("SPA Plan") previously
approved by the City Council on March 24, 1992 by Resolution No.
16554 ("SPA Plan Resolution" ) wherein the City Council, in the
environmental evaluation of said SPA Plan, relied in part on the
"Salt Creek Ranch, Sectional Planning Area (SPA) Plan Final
Supplemental Environmental Impact Report No. 91-03", SCH No.
89092721 ("SEIR 91-03"); and,
WHEREAS , this Project is a subsequent activity in the program of
development environmentally evaluated under Program EIR 89-03 and
SEIR 91-03 that is virtually identical in all relevant respects,
including lot size, lot numbers, lot configurations, transportation
corridors, etc. , to the project descriptions in said former
environmental evaluations; and,
WHERR~, the City Environmental Review Coordinator has reviewed the
proposed Tentative Map and determined that is in substantial
conformance with the SPA Plan, therefore no new environmental
documents are necessary;
/ ATTACHMENT 1
-
WHEREF3, the Pla~~ing Comrr,ission held an advertised public hearing
on sa'~ -~oJ'ec- 0- SOD-o~~or 23 '992 and roco~-';J.·ed S~-~ ~1 03
~..... ::'.... ... ~l ....._ l......U"",-",_ / _ .:. '- ....._l..;..~ ___.~ -' _ /
voted ~o recomme~d that =he City Council approve =he Tenta=ive Map
in accordance with the findings and conditions listed below and
readopted the Statement of Overriding Considerations and the
Mitigation Monitoring Program; and,
WHEREAS, the City Council 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 a
newspaper of general circulation in the City and its mailing to
prope~y owners within 1,000 feet of the exterior boundaries of the
property at least ten days prior to the hearing; and,
WHEREAS, the hearing was held at the time and place as advertised,
namely 4:00 p.m., October 6, 1992, in the Council Chambers, 276
Fourth Avenue, before the City Council and said hearing was
thereafter closed.
#####
NOW THEREFORE, THE CITY COUNCIL finds, determines and resolves as
follows:
SECTION 1. CEQA Finding re Previously Examined Effects.
The City Council hereby finds that the Project, as a later activity
to that evaluated in the Program EIR 89-03 and SEIR 91-03, would
have no new effects that were not examined in the preceding Program
EIR 89-03 and SEIR 91-03 (Guideline 15168 (c) (1); and,
SECTION 2. CEQA Finding re Project within Scope of Prior
Program EIR.
The City Council hereby finds that (1) there were no changes in the
proj ect from the Program EIR and the SEIR which would require
revisions of said reports; (2) no substantial changes have occured
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 proj ect has become available since
the issuance and approval 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 current made
a condition for Project implementation. Therefore, the City
Council approves the Project as an activity that is within the
scope of the project covered by the Program EIR and SEIR, and
therefore, no new environmental documents are required (Guideline
15168 (c) (2)) .
SECTION 3. Incorporation of All Feasible Mitigation Measures
and Alternatives.
The City does hereby adopt and incorporate herein as conditions for
all approvals herein granted all mitigation measures and
alternatives, if any, which it has determined, by the findings made
in the GDP Resolution and the SPA Resolution, to be feasible in the
Z
.
app=oval of the General Development Plan and the SPA Plan,
res?e::~ively.
SECèION 4. Notice with Later Activities.
The City Council does hereby give notice, to the extent required by
law, that this Project is an activity within the scope of the
program approved earlier in the GDP Resolution and the SPA Plan
Resolution and the Program EIR and SEIR adequately describes the
activity for the purposes of CEQA (Guideline l5l68 (e)).
SECTION 5. General Plan Findings--Conformance to the General
Plan.
Pursuant to Government Code Section 66473.5, in the Subdivision Map
Act, finds that the tentative subdivision map as conditioned herein
for Salt Creek Ranch, Chula Vista Tract no. 92-02, is in
conformance with all the various elements. of the City's General
Plan, the Salt Creek Ranch General Development Plan and Sectional
Pl~nn;ng Area Plan based on the following:
a. Land Use - The project is a planned community which provides
a variety of land uses and residential densities ranging between
l . 2 and l7. 9 dwelling units per acre. The proj ect is also
consistent with General Plan policies related to grading and
landforms.
b. Circulation - All of the on-site and off-site public and
private streets required to serve the subdivision consist of
Circulation Element roads and local streets in locations required
by said Element. The applicant shall construct those facilities in
accordance with City standards or pay in-lieu fees in accordance
with the Salt Creek Ranch Public Facilities Financing Plan.
c. Housing - The applicant is required to enter into an agreement
with the City to provide and implement a low and moderate income
program within the project prior to the approval of any Final Map
for the project.
d. Conservation and Open Space - The project provides 452 acres
of open space, 37% of the total ll97.4 acres. Grading has been
limited on steep hillsides and grading plan approval will require
the revegetation of slopes in natural vegetation.
e. Parks and Recreation - The project will provide a 22 acre
(gross) community park, a 7 acre (gross) neighborhood park and the
payment of PAD fees or additional improvements as approved by the
Director of Parks and Recreation. In addition, equestrian and
recreational trail systems will be provided throughout the proj ect,
ultimately connecting with other open space areas and trail systems
in the region.
f. Seismic Safety - No seismic faults have been identified in the
vicinity of the property.
-3
-- --_._----_._-~ '-_."'---~
----..-..-------.....-."-.
g. ?-..:blic Sa::ety - lÜl public and private ::acili ties will ;:,e
Yeac~~:e wit~~~ ~be t~~eshold response times :~= fire ~~~ polic=
serv':"::=:s.
h. ?-..:blic Facilities - The applicant will provide all o~-site and
off-site streets, sewers and water facilities necessary to serve
this project. In addition, the project is preserving a potential
fire station site. 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 projects in the
easte~ ~errit~ries.
i. Noise - The project will include noise attenuation walls as
required by an acoustic study dated July 15, 1992 prepared for the
project. In addition, all units are required to meet the standards
of the UBC with regard to acceptable interior noise levels.
j. Scenic Highway - The roadway design provides wide landscaped
buffers along the two scenic highways, Proctor Valley Road and
Hunte Parkway.
k. Bicycle Routes - Bicycle paths are provided throughout the
project.
1. Public Buildings - The project provides a fire station site
and two school sites to serve the area. The project is also be
subject to RCT and DIF fees.
SECTION 6. Subdivision Map Act Findings.
A. Balance of Housing Needs and Public Service Needs.
Pursuant to Section 66412.3 of the Subdivision Map Act, the Council
certifies that it has considered the effect of this approval on the
housing needs of the region and has balanced those needs against
the public service needs of the residents of the City and the
available fiscal and environmental resources. The development will
provide for a variety of housing types from single family detached
homes to attached single family and multiple family housing and
will provide low and moderate priced housing consistent with
regional goals.
B. Opportunities for Natural Heating and Cooling Incorporated.
The configuration, orientation and topography of the site partially
allows for the optimum siting of lots for passive or natural
heating and cooling opportunities as required by Government Code
Section 66473.1.
C. Finding re Suitability for Residential Development.
The site is physically suitable for residential development and the
proposal conforms to all standards established by the City for such
projects.
1/-
SECE:)N 7. Conditional Approval ~: Tentative Subâiv~s~o~ Map.
The '::'::y Cou:lc:'l does hereby approve, subjec:: ::0 the =Dllowi::1S'
conài ~ians, the tentative subdi visio:l map for Salt Creek Ranch,
Chula Vista Tract 92-02 (Unless otherwise specified, all Conditions
and Code Requirements shall be fully completed to the Ci ty , s
satisfaction prior to the approval of the First Final Map. Unless
otherwise specified, "dedicate" means grant the appropriate
easement, rather than fee title) :
The developer shall:
General/Preliminarv
1- Prepare amendments to the Public Facilities Financing Plant
(PFFP) to reflect the modifications to the sequence of development
as indicated on Exhibit A (attached) and condition No. 2 herein and
which indicates a reduction in Phase 1 to 1,137 dwelling units by
deleting lots/dwelling units in locations and numbers, subject to
the approval of the Director of Planning and the City Engineer.
For purposes of these conditions, Phases 1-3 cited in these
conditions shall be composed of those neighborhoods or portions of
neighborhoods as indicated on Exhibit A. (Pla=ing, Engineering)
2. Install public facilities in accordance with the Public
Facilities Financing Plan as amended or as required by the City
Engineer to meet threshold standards adopted by the City of Chula
Vista. In addition, the sequence that improvements are constructed
shall correspond to any future East Chula Vista' Transportation
Phasing Plan as may be amended in accordance with the final HNTB
SR-125 Financing Study adopted by the City. The City Engineer and
Planning Director may, at their discretion, modify the sequence of
improvement construction should conditions change to warrant such
a revision. (Engineering)
3 . Tne mitigation measures required before Final Map approval by
Final Supplemental Environmental Impact Report for Salt Creek Ranch
(FSEIR) 91-03 are hereby incorporated into this Resolution by
reference. Any such measures not satisfied by a specific condition
of this Resolution or by the project design shall be implemented to
the satisfaction of the Director of Planning. Mitigation measures
shall be monitored via the Mitigation Monitoring Program approved
in conjunction with the FSEIR. Modification of the sequence of
mitigation shall be at the discretion of the Director of Planning
should changes in circumstances warrant such revision. (Pla=ing)
4. Unless otherwise conditioned, the developer shall comply with,
remain in compliance with, and implement, the terms, conditions and
provisions of the Salt Creek General Development Plan, Sectional
Planning Area Plan, and such Master Plan of Reclaimed Water, Urban
Runoff Report, Habitat Enhancement Plan, Master Plan of Sewage,
Water Conservation Plan, the Air Quality Improvement Plan Design
Guidelines and the Public Facilities Financing Plan approved by the
Council ("Plans" ) as are applicable to the property which is the
5
--.-.---- -....-,...,..
subjec: matter of this ~entative Map, prior :0 approva~ of the
FJ.·na1 w-~ or -~-jl ha~T~ P~~O~p~ J.·n~~ -~ agrQQrr~~~ wJ.·t~ -hc C~~,.
- ·~~~I ;::...:::._- "- -......................... .1.......; d..... _....._.!_...L ..... _..1._ ..L.-L.l1
provi:::'ing the City wi:::t such security (inclu:::'i:1g recor:::'a:ion 0::
covenants rUlli"i:1g with the land) and implementation procedures as
the City may require, assuring that, after approval of the Final
Map, the developer shall continue to comply with, remain in
compliance with, and implement such Plans. Developer shall 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. (Planning, Engineering)
Streets, Riqhts-of-Wav and Improvements
5. Provide security in accordance with Chapter l8.l6 of the
Municipal Code and dedicate construct full street improvements for
all public and portions of private streets shown on the Tentative
Map within the subdivision boundary or off-site, as required for
each unit or phase. 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, fire hydrants and transitions to
existing improvements. All streets shall conform to the City's
Street Design Standards Policy adopted by City Council Resolution
#l5349 unless otherwise conditioned or approved by the City
Engineer. Construct transitions to existing improvements in the
manner required by the City Engineer. (Engineering)
6. Dedicate for public use all the streets shown on the tentative
map within the subdivision boundary except private streets.
(Engineering)
7. Construct or enter into an agreement to construct the
following street improvements prior to the approval of the
corresponding Final Map for the neighborhoods identified. The
required security shall be provided for each facility prior to
approval of the Final Map for the corresponding neighborhood or
portion thereof. Construction of appropriate full or partial
improvements for each neighborhood or portion thereof, as indicated
in Matrix A (full) or Matrix B (partial) shall be completed prior
to issuance of occupancy permits for each affected neighborhood or
portion thereof.
MATRIX "At'
NEIGHBORHOOD FACILITIES NEEDED'
1 1,2,3,18
2 1,2,4,10,11,18
3 1,18
4A 18
4B 1. 18
Þ
5 I. 18
6 1.4,9,18,20
7A 1,4.10.18.20
7B 1,4.5,9. 18.20
8 5, 6, 9. 20. 2J
9 5,6.7.8,9,20
lOA 5,6,7,8,9,15, 16.20
lOB 5,6,7.9, 15, 16.20
II 5,6.9.12.13,14,17.20
12 5,6.9. 12, 13,20
13 5,6,9, 12,20
'See Table I for description of each facility.
7 __"_.~.._._._.___~.__ ..______n_..
MATRIX "ß"
Consuu:r the following partial improvcmrnts in accordan~ with the phasing plan [or revised d...-vclopmcnt sequence) as
indi::æ:d on Exhibit A ana:hcd.
Phase lA
Seí¡!bborbood PARTIAL FACILITIES NEEDED
3.. 3b, 4b. 5b, 6a 1, 1 Hull improvements. FacilityNo. 19, Proctor Valley Road, shall be graded full width and
paved with two lanes in lieu of constructing facility # 1 8.
Phase IB
Neighborhood
#la 90 units a 3 - grade to ultimate:, improve 4 lanes and center median.
#2a.&-213 urnts
#4..100 units b. 4, 5 ~ grade to ultimate, construct a 2 lane facility to the satisfaction of the City
#5a-l 19 units Engineer.
#61>-113 units
c. 9,10,20 full improvements
d. 21 - construct 2 lanes of Duncan lùmch Rd. to the park entnlncc. Improve the 12
am: park.
Facili::y ll:
Deposit cash with the City Engineer to provide security for the
future construction of full street improvements for Hunte Parkway,
including underground utilities, north of its intersection with
Street IIIl to the northerly subdivision boundary in lieu of
constructing said full improvements. The amount of deposit shall
be based on a developer's cost estimate submitted to and improved
by the City Engineer. The deposit shall be paid prior to approval
of the Final Map for Neighborhood 2. Notwithstanding the
foregoing, cons~ruct a 24-foot wide paved access road between
street "1111" and the northerly subdivision boundary at the time
Hunte Parkway, between Proctor Valley Road and Street "1111", is
constructed, or at such time as the existing access road is
removed, whichever occurs first. (Engineering)
Facility 19:
Provide security for facility #l9 (Proctor Valley Road offsite)
prior to issuance of the building permit for the ll38th unit.
Complete full grading and construct two lanes prior to occupancy of
the l756th unit. Construct full improvements prior to issuance of
the 2l76th building permit.
g
0
TABLE 1
DESCRIPTIO \; OF TRANSPORT A no" F AOLITIES
Facilit)" So. Street Portion
1 Lane AvtDue South Subdivision boundary to Proctor VaHey Road
2 Lane Avenue Proctor VaIley Rd. to entrance NH 1&2
3 Proctor Valley Rd. West Subdivision Boundary to Lane
4 Proctor Valley Rd. Lane to Hunte Parkway
5 Proctor Valley Rd' Hunte to Neighborhood 7B
6 Proctor VaHey Rd.· Neighborhood 7B to YYYY
7 ProctorVallcyRd.* St. yyyy to St. CCCC
8 Proctor Valley Rd.' St. CCCC to East Subdivision Boundary
9 Hont< Parkway South Subdivision Boundary to Proctor Valley Road
10 Hunt< Parkway Proctor Valley Road to Entrance of Neighborhood 7A
11 Hunt< Parkway Neighborbood 7A Entrance to Nonh Subdivision Boundary, grade
full width, pave
21ane road. cash bond for ulûmatc: improvements, extend utiJities to
Subdivision Boundary
12 yyyy Proctor Valley Road to Neighbomood 9 Nonhero boundary.
13 yyyy Neigbborbood 9 to Neigbborbood 12.
14 yyyy Neighbomood 12 to Nortbem Subdivision boundary.
15 CCCC Proctor Valiey Road to Nortbem Boundary Neigbborbood 9.
16 CCCC Neighborbood 9 to North Boundary Neigbbomood lOA.
17 CCCC Neigbbomood lOA to yyyy
18 MacKenzie Creek Rd. West Subdivision Boundary to Lane.
19 Proctor Valley Road West Subdivision Boundary to Mt Miguel Rd.
20 Hunt< Parkway South Subdivision Boundary to Otay Lakes Road.
21 Duncan RmIcb Road Within Subdívision.
, l1rae Iq!:IDmÞ ofProc:tDr VaIley Road &ball be gnded aod COIIStJ:UCUId 106 lull: primc:amàanis 1IIÙea iltUCÜca ~fortbc Otay Ranch
*"dopme:atiadiœcaMsltrSÞæf.1WIdard isadcquateaDdtUtrahactîonø approvedtbrausbadlan¡eoftbcmeeI b. _r . DD in the ciraùaûon
elaøattoftheGaacnlPlm
(Engineering)
9
8. P:::-ovide 0:1 the Final Map City :::-ej ection :0= an i:::-:::-evocabl'2
offe:::- to dedicat'2 (rOD) t~'2 :::-ight-of-way :or HU:1t'2 Parkway :1:o:::-th 0:
Street II III II in Neighborh:>::d. 2. Gra:1t an open spaçe easemerrt ove::-
the balance of the right-of-way within the rOD subject to th'2
condition that it revert to street purposes if and when the City
later accepts the rOD. (Engineering)
9. Provide red curbs and "no parking" signs to prohibit on-street
parking on Lane Avenue and stripe bicycle lanes. (Engineering)
10. Provide red curbs and "no parking" signs to p:::-ohibit on-street
parking on the westerly side of Hunte Parkway between Proctor
Valley Road and the southerly subdivision bounda:::-y. (Engineering)
11. Design and construct Lane Avenue as a Class I collector.
(Engineering)
12. Requested Waiver 1 is approved subj ect to compliance with
parking requirements in Street Design Standard Policy, item #20,
page 12. Requested waivers 2 through 7 as listed on the tentative
map and reduction of the centerline radius of Street "CCC" to 150
feet are hereby approved subject to submission of a letter from a
registered civil engineer indicating that the results of the
waivers requested conform with common engineering practice and
standards in consideration of public safety. (Engineering,
Planning)
13. Construct a temporary turnaround at the end of any streets
which are not constructed to their full lengths that are greater
than 150 feet in length as measured from the nearest intersection,
except as approved by the City Engineer. (Engineering)
14. Construct or provide to the specifications or satisfaction of
the City Engineer the following features to all neighborhoods with
private streets with controlled access devices, such as gates:
a. Gates located to provide sufficient room to queue up without
interrupting traffic on public streets.
b. Turn arounds at the gates.
c. Delineation of border between public street and private street
by enhanced pavement. No enhanced pavement shall be located within
public right-of-way.
d. Emergency vehicle access. (Engineering)
15. Install fully activated traffic signals including interconnect
wiring at the 'following intersections:
a. Proctor Valley Road/Lane Avenue
/0
b. ?roctor V~lley Road/HuTIte Parkw~y
~. ?roctor V~lley Road/D~,can Road
d. ?roctor V~lley Road/Oak Creek Road
e. Proctor Valley Road/Street "YY¥Y"
f. Lane Avenue/Otay Lakes Road
g. Hunte Parkway/Otay Lakes Road
Install underground improvements, standards a..'ld luminaries with
construction of street improvements, and install mast arms, signal
heads and associated equipment when signal warrants are met, as
determined by the City Engineer. (Engineering)
~6. Install interconnect conduit, pull boxes and pull rope to
connect the traffic signals along Proctor Valley Road within the
subdivision. (Engineering)
~ 7. Install traffic counting station loops at seven locations
deterIT~ned by the City Engineer. (Engineering)
~8. Submit to and obtain approval by the City Engineer striping
plans for all major and collector streets simultaneously with the
associated improvement plans. (Engineering)
~9. Grant in fee the City a I-foot control lot at the northerly
terminus of Hunte Parkway and Street "YY¥Y" and the southerly
terminus of Duncan Ranch Road. (Engineering)
20. Install transit amenities on both sides of Proctor Valley Road
(East "H" Street) at the following locations, or appropriate
alternative locations as approved by the City Engineer:
a. Proctor Valley Road (East "H" Street) /Hunte Parkway
intersection.
b. Proctor Valley Road (East "H" Street) /Lane Avenue
intersection.
Transit amenities include, but are not limited to benches and/or
shelters, and are subject to the approval of the City Engineer.
Pay a $10,000 cash deposit to the City to fund transit amenities
when required. (Engineering)
2~. Dedicate to the City right-of-way at the easterly end of
Street 1111 to provide for the future extension of said street.
Said dedication shall extend to the subdivision boundary the exact
configuration and location of which are subject to approval of the
II
^" .'M''''_.___'_''
City E~qineer ~~j the Di~~=tor of ?lanr.i~q. All ~ight-of-~ay which
is no~ ~tilize= ~y the s~~eet tJ be CO~s~yucte~ 5~all be =ejected
by the City on t~e Final Map. This de~i=ation s~~ll be ~~ lieu of
the easement i~dicate¿ on the Ten~a:ive Map over lot 76,
Neighbo~hood II which shall not be shown o~ the Fir.al Map.
(Engineering, Planning)
22. P~ovide public st~eet access to the ~o~thern adjacent
properties upon development of Neighborhood II by means of Street
YYY stubbing into said area, as depicted on the Tentative Map,
subject to approval of the City Engineer and the Director of
Planning. Prior to approval of the first Final Map for
Neighborhood 12, the no~hern adjacent property owners 0: record
shall ãemonstra:e to the satisfaction of the City Engineer and
Directo~ of Planning that alternate public street access to the
northern adjacent properties can be reasonably and feasibly
constructed by them, at their own expense, from an economic,
planning, environmental, engineering and legal standpoint. Upon
such a showing, the developer shall provide private easement access
up to the existing dirt roads located at the end of Street MMMM and
Street NNNN, by means of Street SSSS, as depicted on the Tentative
Map. (Engineering, Planning)
23. Grant to the City an easement or easements for street tree
planting and maintenance, and landscape buffer areas along all
public streets in the width required by the City's Street Design
Standards. (Engineering)
24. Acquire and then grant to the City all offsite rights-of-way
necessary for the installation of required street improvements for
the affected phase or unit, prior to approval of each Final Map
for each affected phase or unit of the subdivision. (Engineering)
25. Notify the City at least 60 days prior to consideration of the
affected Final Map by City, if offsite right-of-way cannot be
obtained as required by Condition 24. (Only offsite right-of-way
or easements affected by Section 66462.5 of the Subdivision Map Act
are covered by this condition).
After said notification and prior to the approval of the affected
Final Map, the developer shall:
a. Pay the full cost of acquiring offsite right-of-way or
easements required by the Conditions of Approval of the Tentative
Map.
b. Deposit with the City the estimated cost of acquiring said
right-of-way or easements. 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.
/2
If the ¿evelope~ so requests, the City may use its power s= emin~nt
... ... ~ easeme::1:'s or licenses :-.l=eded
aoma~~ ~o ac~~~~e Y2gnt-o=-way, -,......,....
~~-
oíís:":.e impro-vements or wo~Y.: related ::0 the tentative map. The
developer shall pay all costs, both direct and indirect incurred in
said acquisition.
The condition to construct the related offsite improvements which
fall under the purview of Section 66462.5 of the State Subdivision
Map Act are waived in accordance with that section of the Act, if
the City does not acquire or commence proceedings for immediate
possession of the property within the 120 day time limitation
speci=ied in that section. (Engineering)
26. Widen intersection approaches for Proctor Valley Road/Hunte
Parkway to the satisfaction of the City Engineer. (Engineering)
27. Construct private streets in accordance with the standards
contained in the subdivision manual and street design standards
unless otherwise approved by the City Engineer. Private street
cross sections shall conform to those shown on the tentative map
for curb-to-curb width and right-of-way width, with the exception
of the private street section for Neighborhood 13 which shall have
a 48 ft. right-of-way width, and 32 ít. curb-to-curb.
(EngÍIleering)
28. Provide standard curb and gutter for all public streets.
Street sections as shown on the Tentative Map are approved unless
otherwise conditioned. (Engineering)
Sewers
29. Grant the City fee title to a parcel within which the Salt
Creek Ranch sewer pump station shall be located. Design and
construct the sewer pump station subject to the approval of the
Cities of Chula Vista and San Diego. !Engineering)
30. Provide security and construct the following offsite sewer
improvements prior to approval of any Final Map which requires the
Eastlake sewer pump station on Otay Lakes Road to provide sewer
service:
a. A gravity sewer right-of-way from the southerly subdivision
boundary to the EastLake pump station.
b. Upgrade the EastLake pump station, as determined by the City
Engineer, to provide pumping capacity and emergency measures to
accommodate temporary sewage flows from Salt Creek Ranch.
Obtain approval of the design of said improvements from the City
Engineer. (Engineering)
3l. Request and complete incorporation into the existing sewer
/:3
-. ~.._-
servi~~ surcha~ge district to provide for futur~ ffiaintena~~e of the
Salt :~~ek Ran~~ and Eastlake pump stations/ p~i~r to a?~~~val 0:
the =~=s~ Fina: Map of a phase or unit served by ~he Eas~:ake pump
statio~. Deposi~ $2,000 to cover costs of inco=poration. Pay the
full cost of said incorporation. (Engineering)
32. P=ovide access to all sanitary sewer manholes via an improved
access =oad with a minimum width of l2 feet, designed an E-20 wheel
load, 0= other loading, subj ect to the approval of the City
Enginee=. (Engineering)
Gradin= and Drainaqe
33. G=ade rea= or side yard access to all public stO:::1!l drain
structures, including inlet and outlet structures, and construct
paved access thereto except as otherwise directed by the City
Engineer. (Engineering)
34. Place all lot lines at top of slope, exc~pt in Neighborhoods
9-l3, where the SPA concept allows for this exception. Final
grading plans and lot line locations shall be subject to approval
of the City Engineer and Directors of Planning, and Parks and
RecreatiDn and the Fire Marshal. (Engineering, Planning, Parks &
Recreation, Fire)
35. Submit a list of propDsed IDts indicating whether the
structure will be IDeated on fill, cut, Dr a transition between the
tWD situations prior tD approval of each Final Map fDr single
family residential use. (Engineering)
36. Submit grading propDsals for review and apprDval by the City
Engineer and the DirectDrs Df Planning and Parks and Recreation for
consideration of balanced cut and fill, cDntour grading,
utilizatiDn of appropriate soil types, effective landscaping and
re-vegetation where applicable. Grade in separate phases unless a
single phase operation is approved with the grading plan.
(Engineering, Planning, Parks & Recreation)
37. PrDvide a letter Df permission fDr grading from SDG&E prior to
any grading within Dr adjacent to an SDG&E easement or which would
affect access thereto. (Engineering)
38. CDnstruct retentiDn/detentiDn facilities as approved by the
City Engineer prior to issuance of grading permits to reduce the
quantity Df runDff to an amount equal to or less than present flows
for the lOO year frequency storm. (Engineering)
39. Prepare and obtain approval by the City Engineer and the
Director of Planning an erosion and sedimentation contrDl plan and
landscape/irrigatiDn plans as part Df the mass grading plans.
(Engineering, Planning, Parks and Recreation)
/1
40. ~~tain na~a~ized lette~s af permissian fo~ all offsi~s g~ading
. . of s::-ading perIT;:':' for w~r}: reat::'r:"no s-': ,::.
pr~c= to ~ssua.n~e a - ~ "'--
offs:":.: graàin;. (Engineering)
4l. Accomplish the following prior to approval af a Final Map for
any unit or phase which requires drainage detention and/or
filtration basin{s) :
a. Prepare a maintenance program including a schedule and a
financing mechanism for said detention and/or filtering basins.
Said p~ogram shall be subject to approval of the City Engineer.
b. 3nter into an agreement with the City of Chula Vista and ths
State Department of Fish and game wherein the parties agree to
implement the basin maintenance program. (Engineering)
42. Provide a comprehensive Best Management Practices (BMPs) study
regarding off-site drainage satisfactory to the City Engineer and
the City of San Diego's Water Utilities Director prior to approval
of any Final Map in Neighborhoods 9-13. Install all facilities as
recommended in the study and shall implement a maintenance district
for these drainage facilities, satisfactory to the Water Utilities
Director. (Engineering)
43. Design the storm drains and other drainage facilities to
include BMPs to minimize non-point source pollution, satisfactory
to the City Engineer and the City of San Diego Water Utilities
Director. (Engineering)
44. Present evidence to the satisfaction of the City Engineer that
an agreement has been reached between the developer and the City of
San Diego Water Utilities Director to provide for the protection of
the reservoirs from urban pollutants prior to the approval of any
Final Maps, implementing permits, or issuance of any grading
permits in Neighborhoods 9-13. Such measurement shall include, but
not be limited to ensuring BMPs for stormwater and/or urban runoff
including erosion control. (Engineering)
Water
45. Gain approval by the City Engineer and the Otay Water District
(OWD) of a Master Plan of Water for Salt Creek Ranch prior to
approval of any Final Map. This plan shall include a discussion of
implementation and phasing, and participation in the water
allocation program and TSF financing for this project and other
projects in the OWD Master Plan service area. (Engineering, OWD)
46. Determine the exact locations for the proposed pump station
and reservoir to serve the 1296 Zone prior to approval of the first
Final Map requiring said facilities. (Engineering, Planning, OWD)
47. Annex the project site to the OWD into Improvement District
/5
--.-.-..--...-- -
No. 22, or establish a new improvement distri~: =or tb~ proje~~
area ;.rior to approval 0= any ==-nal map. 8bta:":-. °lllri t teL
veri::=-=ation ::=~~ OWD at each phase O~ uLit of 5evelopment ~~at th=
tract cr parcel will be provided adequate water service and long
term water storage facilities. (Engineering, OWD)
48. Make consistent with the Water Conservation Plan ::or Salt
Creek Ranch dated October 1991 water conservation measures for
roadside landscaping and landscape maintenance subj ect to the
approval of the Director of Pla=ing. (Planning, Parks and
Recreation)
Reclaimed Water
49. Enter into an agreement with OWD to commit to use of reclaimed
water at the earliest possible date so that OWD can ensure that an
adequate supply is available prior to approval of any Final Map.
Make all reclaimed water use conform to the applicable regulations
of Chula Vista, Regional Water Quality Control Board and the State
Department of Health. (Engineering, OWD)
50. Pay all costs incurred from retrofitting the reclaimed water
system, when reclaimed water becomes available. Determine the
amount of said deposit, subject to City approval, and pay said
deposit prior to approval of each associated Final Map.
(Engineering)
51. Install reclaimed water lines as outlined in the Public
Facilities Financing Plan at such time as the road
improvements are constructed or the City Engineer determines
that the facilities are necessary to provide a link to a live
system. (Engineering)
Fees/Pavrnents
52. Pay the following fees:
a. Spring Valley Sewer "Trunk co=ection fees ($130/acre) and
Frisbee trunk sewer fee prior to Final Map approval for any phase
or unit thereof contributing flow to the Spring Valley Trunk Sewer.
b. Telegraph Canyon drainage fees in accordance with ordinance
2384 prior to Final Map approval for any phase or unit tributary to
said basin. (Engineering)
53. Deposit $5,000 to provide for the first year's maintenance
costs prior to approval of the Final Map of any phase or unit which
requires the Salt Creek Ranch pump station to provide sewer
service. (Engineering)
Aqreements/Covenants
/~
54 ~n-"r ;n-~ an~ ç::.V-~r'"'u"'r=. ;::>..... a~~ ..mCò~- ....0 f ...:; -~&:o . .p..... 1 ~.:
. -,~- ~ -~ ~ -,.-- ~_ ~._ ,,~e_ _..c c un_ ____ pro]___ s ~a~r
share ~= a pa~~-a~~-riàe =ac~:~~y to ~= locate= ~~ the vici~ity of
the 3as~ H St~eet and SR-125 i~tercha~ge. (Enq~neering)
55. Enter into an agreement with the City for each phase or unit
thereof, whereby:
a. The developer agrees the City may withhold occupancy permits
for any units in the subject subdivision __ anyone of the
following occur:
(l) Regional development threshold limits set by the East Chula
Vista Transportation Phasing Plan have been reached.
(2) Traffic volumes, levels of service, public utilities and/or
services exceed the adopted City threshold standards.
b. 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 City. The property owner may propose changes in the timing
and sequencing of development and the construction of improvements
affected. In such case, the PFFP may be amended as approved by the
City Planning Director and Public Works Director. (Engineering,
Planning)
56. The developer shall agree to comply with the requirements of
the revised Eastern Chula Vista Transportation Phasing Plan and
Transportation Development Impact Fee Program or as said documents
may be revised based on the conclusions of the H.N.T.B. State Route
l25 financing study. (Engineering)
57. Enter into an agreement with the City agreeing not to protest
formation of a district for the maintenance of landscaped medians
and parkways along streets wi thin and adj acent to the subj ect
property prior to approval of any Final Map which includes those
facilities. (Engineering)
58. Enter into an agreement to defend, indemnify and hold harmless
the City and its agents, officers and employees, from any claim,
action or proceeding against the City, or its agents, officers or
employees to attack, set aside, void or annul any approval by the
City, including approval by its Planning Commission, City Council
or any approval by its agents, officers, or employees with regard
to this subdivision 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)
59. Enter into an agreement with the City wherein the City is held
17
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harml:ss from ~y liability for :rosio~, siltation or incr:as: flow
of drai~age r:s~:ëing from this proj:ct. (Engineering)
60. Dev:lop ~ interim urban runoff management plan and agree to
install required facilities to protect the water quality of the
Otay Lakes prior to approval of any Final Map for any lot, unit or
phase which drains to the Otay Lakes drainage basin, subject to the
satisfaction of the Cities of Chula Vista and San Diego and the
State Office of Health Services. (Engineering)
61. Agree to participate in funding the development of a
comprehensive 0ëay Lakes watershed management plan and to pay a
fair s~are of th: construction cost of long term facilities as may
be det:rmined by said plan. Enter into and execute an agreement
with the Cities of Chula Vista and San Diego and the County of San
Diego wherein the parties agree to implement the management plan,
said to be executed prior to Final Map approval for any lot, unit
or phase which drains to the Otay Lakes drainage basin.
(Engineering)
62. Obtain permission from the City to deposit sewage in a foreign
basin and enter into an agreement whereby the City shall agree to
such transfer, and the circumstances under which said permission
may be revoked. (Engineering)
63. Enter into an agreement and provide appropriate security to
guarantee the ability to restore the sewer systems I reserve
capacity to that which currently exists, on a length-by-Iength
basis, for se~age diverted into the Telegraph Canyon Basin.
(Engineering)
64. Agree to participate in the monitoring of existing sewage
flows in the T:legraph Canyon Trunk Sewer and, pursuant to any
adopted Basin Plan, agree to participate in the financing of
improvements set forth therein, in an equitable manner. Execute
said agreement prior to Final Map approval for any phase or unit
thereof proposing to discharge sewage into Telegraph Canyon trunk
sewer. (Engineering)
65. Enter into an agreement with the City to participate in
funding of the offsite Salt Creek Sewer Interceptor. (Engineering)
66. Enter into an agreement with the City to insure that all
franchised cable television companies ( "Cable Company" ) are
permitted equal opportunity to place conduit and provide cable
television service to each lot within the subdivision prior to the
approval of Final Maps for each phase or unit. 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 ~=en, or may fyorn time to time ~e issued ~y the Ci~y ~: Chu~a
Vis::a. (E.¡·Jgineering)
Public Parks and Trails
67. Prepare, submit and obtain Director of Parks and Recreation
approval, for a recreation needs analysis which identifies the
demand for various park facilities, to ensure that the parks are
equipped to meet the expressed needs of the community. (Parks and
Recreation)
68. ?=epare, submit and obtain Director of Parks and Rec:r-eation
approval of a co~prehensive Master plan for the apen space system,
recreation trails and parks which shall include, but not be limited
to, phasing of the installation of facilities in accordance with
the recreation needs analysis.
The ¥nster Plan shall reflect:
a. More precise location, size and configuration of parks,
recreation and equestrian trails and fencing than indicated on the
Tentative Map.
b. A multi-use bridged trail crossing of Salt Creek to the
community park in Phase l to create an east/west link over Salt
Creek.
c. The extension of equestrian and recreation trail systems to
the eastern property boundary on the south side of Proctor Valley
Road.
d. Pedestrian walkways from cul-de-sac ends on Streets DD, FF,
and G3 designed with open ends along Proctor Valley Road west of
Hunte Parkway to the walk system adjacent to Proctor Valley Road.
e. HI open space access points shall have a minimum of lO ft.
clear vehicular surface, with an additional 2 ft. clear on either
side of any vertical obstructions.
£. Determination of the open space district parcel boundaries and
maintenance responsibilities.
g. An equestrian-style fence adjacent to the lO foot recreation
trail along the north side of the Community Park, adjacent to
Proctor Valley Road, and continuing along the trail at the east
side of the park to the point where the trail enters the park.
h. Extension of the recreation trail within lots K and L adjacent
to EastLake, along the southerly property line of Neighborhood 4d,
along the westerly property line of said Neighborhood (future San
Miguel Road) , and the westerly edges of the Neighborhood Park and
the Fire Station site. This trail shall be a minimum of lO feet in
width and provide maintenance vehicle access to each adjacent
/7
_._.,'-~_...- .-......-..- - ---
open-e~ded res~~eDtial ~~l-de-sac.
i. }.._:l aspec::s ~.,. w:;::-t: in the open space ne-:w:J:::-k an:: :'~e pa:::-}:
~-
sites shall c:nnply wi:.~ all app::r-ovea landscape and ~:::-:::-igation
standa:::-ds.
j. The design, and installation and improvement of the parks/open
spaces shall be in accordance with the standards set fo:::-th in the
City Landscape Manual as may be amended from time to time. ( Parks
and Recreation, Planning, Engineering)
69. P:::-epare ag:::-eement(s) to phase the parks as follows:
a. Complete construction of the portions of Proctor Valley Road
and Duncan Ranch Road necessary to access the parking lot driveway
of the community park shall be constructed. These streets shall be
constructed prior to the completion of the initial 12.0 acre phase
of the community park. The streets shall be to the satisfaction of
the City Engineer and the Director of Parks and Recreation.
b. The initial 12 net usable acres of the Community Park shall be
dedicated in fee and improvements commenced prior to or concurrent
with the recordation of the Final Map for the 592nd lot in Phase I.
Complete construction of all the facilities required for the first
12 acres of the community park within one year following the
recordation of the Final Map for the 592nd lot.
c. The remainder of the Community Park (8.23 net usable acres, 10
gross acres) shall be dedicated in fee and improvements commenced
prior to, or concurrent with the recordation of the Final Map for
the 1447th lot. Complete construction of all the facilities
required for the remaining 10 acres of the community park within
one year following the recordation of the Final Map for the 1447th
lot.
d. The Neighborhood Park (5.71 net usable acres, 7.1 gross
acres) , shall be dedicated in fee and improvements commenced prior
to the recordation of the Final Map of the 2200th lot. Complete
construction of all the facilities required for the neighborhood
park within one year following the recordation of the Final Map for
the 2200th lot.
e. At no time is the project to be deficient in park acreage. If
the standard of 3 acres per 1000 residents is exceeded at any time,
then the next phase of the community park or the neighborhood park
shall begin immediately.
70. Dedicate all required parkland (22 gross acres, Community
Park, 7 gross acres, Neighborhood Park) and park improvements in
accordance with the Master Plan and construction documents prepared
pursuant to Condition 73 as "turn-key" projects. The Director of
Parks and Recreation shall have the right of final approval in the
selection process of the general contractor for both of the park
ÄÓ
sites. (Parks and Recreation)
7l. ?=-~pare, submit and ob~ain apP=8val froIT, :.h:: City ::::;:1ginE:~r,
and Directors of Planning and Parks and Recrea~ion for t~e design
of the equestrian crossing of Proctor Valley Read at Hunte parkway
where indicated on the Tentative Map. The crossing shall include
staging areas, the design shall be approved prior to any Final Map
for Phase 2. (Parks and Recreation, Engineering, Planning)
72. Locate underground, surface or overhead easements off-site of
either park site, except for the necessary and required easements
for the on-site park and recreation facilities. (Parks and
Recrea ti on I Engineering)
73. Enter into a Chula Vista standard three party agreement with
the City of Chula Vista and a design consultant, for the design of
all aspects of the neighborhood and community parks in accordance
with the Master Plan whereby the Parks and Recreation Director
selects the design consultant. The agreement shall include, but
not be limited to, the design development phase, the construction
document phase and the construction supervision phase for the park
sites. The construction documents shall reflect the then current
requirements of the City's Code/Manual requirements. (Parks and
Recreation)
74. Prepare the Final Map in accordance with Exhibits Band C, to
indicate:
a. The modification in size and configuration to the community
park as set forth in the Master Plan.
b. Dedication in fee of the community and neighborhood parks in
corrected configuration.
c. Grading of the sites in accordance with the revised grading
schemes as indicated on Exhibits Band C. (Parks and Recreation)
Street Trees/Open Space
75. Grant all open space lots to the City in fee on the applicable
Final Map and a deed executed and recorded for each lot.
(Engineering)
76. Submit a schedule outlining the proposed turnover of
maintenance for open space areas to the City, subject to approval
of the Directors of Planning Parks and Recreation. (Planning,
Parks & Recreation)
77. Submit a list of open space items to be maintained and a rough
estimate of maintenance costs to allow City staff to determine a
preliminary cost and spread for the open space district.
~I
...----...------ -
(Engineering, Parks & Re~reation)
78. Request tta= ~he C~=y farm an Dpe~ Space Dist~ict t~ ffiaintain
public Open Spa:::e lots and submi:: to the City the associated
diagram, cost estimate, description 0= work and a deposit of $8,000
for processing the formation of the district. (Engineering, Parks
& Re~reation)
79. Gain approval of ac:::ess to all of the open space areas for
maintenance purposes by the Directors of Parks and Recreation and
Pla=ing, Fire Marshal and City Engineer during the Open Space
Master Plan stage as indicated in Condition 68. (Parks &
Recrea ti on, P 1 an.,::.ing , Fire, Engineering)
80. Provide a 10 ft. wide access path for maintenance vehicles in
the greenbelt open space area (lots D-8 through G-8) bisecting
Neighborhoods 1 & 2. Final landscape materials and design for this
area shall be consistent with open space criteria, subject to
approval of the Director of Parks and Recreation prior to approval
of the final subdivision map for Subarea 1. (Parks & Recreation)
81 . Prepare, submit to and obtain approval of the Directors of
Parks and Recrea~ion and Planning and the Fire Marshal, prior to
approval of final grading and landscape plans for Phase 3, of final
details of habitat ènhancement, protective measures for sensitive
habitat/species and temporary irrigation in open space areas within
Phase 3. (Parks & Recreation, Planning, Fire)
82. Indicate on all affected grading plans that all walls which
are to be maintained by open space districts shall be constructed
entirely within open space lots dedicated to the City. (Planning,
Engineering)
83. Dedicate Lots A through HH to the City for open space
purposes. As biological habitat, lots Z and CC through GG shall
generally be restricted from any use except that access roads to
serve the SDG&E transmission towers and the drainage retention
ponds shall be permitted. In addition, in accordance with
Condition 22, a road providing access to northerly adjacent
properties may be permitted subject to the approval of the Director
of Planning and the City Engineer. (Planning, Engineering)
84. Establish Homeowners Associations for Neighborhoods 5 (Lot
93), 8, 12 and 13 to provide for the maintenance of private open
space and streets prior to the approval of Final Maps for said
neighborhoods, subj ect to the approval of the Director of Pla=ing.
(Planning)
85. Submit a comprehensive landscape plan for review and approval
of the City Landscape Architect and Director of Parks and
Recreation prior to approval of the first Final Map. Submit
;;<,~
cornp~~~~nsive, ~etailed la~~scape a~d irriga~~~~ pla~s, e~osio~
con~::-:::" plans a:1d de::aile:d water ma.:¡agement. ~:.:.ideline.s :s~ all
lanãs=ape ir~~;ation in accc~dance wi~h the C~~:a Vis~a ~a:1¿sc&pe
Manual for th~ associated landscaping in each Final Map. Th~se
detail~d landscape and irrigation plans shall be for th~ ~eview and
approval of the City Landscape Architect and Di~~ctor of ?a~ks and
Recreation prior to the approval of each Final Map. The
landscaping format within the proj~ct shall be in substantial
confo~,ance with Section 3.2 (Landscap~ Concept) of the Salt Creek
Ranch SPA. (Planning, Parks & Recreation)
86. Maintain a width on all open space lots adjacent to public
rights-of-way so as to provide 10 f~~t of la~dscaping ~~eatment
behind ~he back of sidewalk. (Planning)
87. Include in the CC&R' s that the maintenance of all private
facilities and improvements within open space areas are managed by
home owners associations. Submit to and gain approval of said
CC&Rs by the Director of Planning prior to approval of the
associated Final Map. (Planning)
Fire and Brush Manaqement
88. Provide th~ initial cycle of fire management/brush clearance
wi thin lots adj acent to natural open space a~eas in Subarea 3
subject to approval of the Fire Marshal and the Director of Parks
and Recreation. (Fire, Parks & Recreation)
89. Install fire hydrants every 500 ft. for single family
residential and every 300 ft. for multi-family dwellings. Install
and make operable the hydrants prior to delivery of combustible
building materials. (Fire)
90. Locate'fuel modification areas in Subarea 3 entirely within
affected lots. Indicate lot line extensions requi~ed to
accommodate said areas on the Final Map(s) of Subarea 3, subject to
the approval of the City Engineer, Fire Marshal, and Director of
Pla=ing. (Engineering, Fire, Planning)
91. Dedicate to the City open space easements (OSE) over all
downhill side or rear slopes adjacent to Open Space lots Z, AA and
CC through GG in Subarea 3. These aSE' s shall preclude the
construction of any structures wi thin said easements and shall
limit activities within the easements to landscaDe maintenance of
fuel modification plant materials. The wording õf the OSE's shall
be subject to the approval of the Director of Planning and the City
Atto=ey. (Planning, C.A.)
92. P~epare and execute fuel modification plans consistent with
Section 3.6 of the Salt Creek Ranch SPA subject to the approval of
the Directors of Planning and Parks and Recreation and the Fire
Marshal prior to approval of any Final Map in Subarea 3.
~3
-~-~-----~-~_._.__.,._--_._--
(Pla=::':;¡g, Fire, Parks & Recreation)
93. C;==e~ lor :5-1 (f:"~e station si:.e; for ae:::'::ation .:..:: =ee t:::,
the Ci~y prior ~o or co~current with the recoråa~ion of ~he first
Final Map in Phase 2. (Fire, Engineering)
94. Provide fire prevention facilities and equipment, including
the construction of a fire station, if required, in accoråance with
the Sal~ Creek Ranch Public Facilities Financing Plan. Provide or
secure said facilities and equipment in accordance with a schedule
as approved by the Fire Chief. (Fire)
Miscellaneous
95. Include in the Declaration of Covenants, Conditions and
Restrictions provisions assuring maintenance of private facilities
including the private streets, sewer, and drainage systems. Name
the City of Chula Vista 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. (Engineering,
Planning)
96. Tie the boundary of the subdivision to the California System _
Zone VI (1983). (Engineering)
97. Submit copies of Final Maps in a digital format such as (DXF)
graphic file prior to approval of each Final Map for any unit.
Provide computer aided Design (CAD) copy of the Final Map based on
accurate coordinate geometry calculations and submit the
information in duplicate on 5 1/2 HD floppy disk prior to the
approval of each Final Map. (Engineering)
98. Agree to participate in a regional or subregional multispecies
coastal sage scrub conservation plan prior to the approval of the
first Final Map_ (Planning)
99. Suspend development of Neighborhood lOb and reconfigure the
northeastern Subarea 3 neighborhood to provide a wider open space
area for a regional wildlife corridor if, at the time development
is proposed for Neighborhoods lOa, lOb, and 11, an off-site
regional wildlife corridor linking San Miguel Mountain with the
Upper Otay Reservoir has not been approved as part of a habitat
conservation plan. Make the width of the open space area
sufficient to ensure long-term viability of the wildlife corridor,
as indicated in the SPA Plan (PCM 91-4) subject to the approval of
the Director of Planning. (Planning)
100. Submit and gain approval by the Design Review Committee
Precise Plans for the multiple family area within Neighborhoods 4a
(reference lot 1) and 5 (reference lot 93) at gross densities of 18
dwelling units per acre and 6 dwelling units per acre respectively.
(Planning)
c9-f
101 ::...... 'de. ...-10 ,..::.;,..,¡ .....·~.....o d ~ '" t 1.-,.;.....h· ..,c......--.=. -h=-
. __:>V~ _ ","__S ~_S__:>,,___ o_um_n s w..__. ~::L..___y ~._
all~~~~~e uses ~~ :~e Eas~~~~e 3usiness Cente~, subjec~ ~~ ~eview
by tne Direct~~ ~f ?lan~i~~ ~~ior to ~he approval af FiL~: Maps i~
Neig!0:::::-hoods Sand 6. (?lanning)
102. Mitigate noise impa~~s on the residences along Proc~o:::- Valley
Road by the placement of solid walls or wall/berm combinations on
the building pads at the ~op of the slopes adjacent to the :::-oadway.
The walls shall be solid masonry construction with a material
weight of at least 3.5 pounds per square foot which would not allow
any ai:::- spaces along thei:::- entire length. The end of ea~h noise
wall shall wrap around the building pad enough to block the line of
sight f:::-om all points in the exterior living space to any portion
of the impacting roadway. Indicate on the grading plans for
Neighb:>rhoods 1, 3, 7B and 8 said walls in compliance with the Salt
Creek Ranch SPA SEIR, subject to the approval of the City Engineer
and the Director of Planning. (Planning, Engineering)
103. Retain a qualified biologist/environmental specialist to
oversee the construction of Proctor Valley Road, Hunte Parkway and
the reservoir and associated waterline and to monitor the
implementation of the mitigation measures related to Biological
Resources as required by City Council Resolution 16555-Mitigation
Monito:::-ing Program. (Planning)
104. Retain a qualified archaeologist to monitor the implementation
of the mitigation measures relative to Cultural Resources required
by the City Council Resolution 16555-Mitigation Monitoring Program.
(Planning)
105. Provide the proposed list of fertilizers, pesticides,
herbicides and fungicides, and the landscaping plans to the City of
San Diego Water Utilities Department for approval prior to approval
of any Final Map in Neighbo:::-hoods 9-13. (Planning)
106. Submit for approval by the Director of Planning and the City
Engineer copies of proposed CC&Rs for the subdivision prior to
approval of each Final Map. (Planning, Engineering)
107. Design and improve lot A-3 in Neighborhood 3 (private park)
subject to the approval of the Director of Planning. Design the
park prior to the approval of any Final Map in Neighborhood 3 and
improve the park concurren~ly with the immediate surrounding area,
as determined by the Direcëor of Planning. (Planning)
108. Design and improve lo~s D-8 through G-8 in Neighborhood 8
(private recreation area) subject to the approval of the Director
of Planning. Design these areas prior to the approval of any Final
Map in Neighborhood 8 and improve the areas concurrent with the
immediate surrounding area as required by the Director. (Planning)
109. Show evidence satisfactory to the Director of Planning that
¡;;:¿,~
the CC&?'s fo~ Keighbo~h~~d 12 in=~~de a statement that Streets
MMMM ô..:1= NNNN r.:;'y be Ye~l.:iYed to ;,:-::;-\.r.:.óe acsess to Y::;'E..::::'s wtic:-~
''''::;¡:;, - -,..., .....\,.... t=......-.:~ ..... ....h~ --.....-" i........... - th .......... .. -1 .;
prOVl",",,-_ access --"' :---Op....._.....__S L-O L. ~ ..__~n, pr.........._...D e ap:-_Dvc:..... 0_
any Fi~al Map f~~ Neighb~rh~od 12. 'Planning, Engineering)
110. Reserve lots S-l and S-2 (sch~ol sites) fo~ school purposes to
be offered for dedication in fee to the Chula Vista City Elementary
School District in accordance with a schedule as indicated in a
Mello-RoDS Commur.ity Facilities Distri=t, as approved by the School
District, which shall be established to the satisfaction of the
District. (PlaJming)
111. Establish ~,d participate in a s=hool facility financing plan
as well as providing classroom space as required by the Sweetwater
Union High School District. Provide a letter from the District
verifying compliance with this condition. (Planning)
112. Reflect on the Final Map for Neighborhood 7B the provision of
a minimum setback of 100 feet between lots 203 and 204 and the
northerly right-of-way line of Proctor Valley Road. Accomplish
this setback by deleting said lots and shortening Street FFFF
accordingly or by rearranging lots along said street to provide the
required setback, subject to the approval of the Director of
Planning. (PlæL~ing)
113. Enter into an Affordable Housing Agreement with the City
subject to the approval of the City Council. (Community
Development)
114. Submit to the Director of Planning and gain approval by the
City Council of all street names for this project. (Planning)
115. Note 10 on Sheet 3 of B regardi~g quitclaiming of a right-of-
way dedication is denied until such time as the City Engineer and
the Director of Planning determine that said right-of-way is not
required to provide access to the subject property or adjacent
property. (Engineering, Planning)
116. Prepare an amendment to the Salt Creek Ranch Mitigation
Monitoring Program to require subsequent environmental review to be
conducted on the urban runoff detention basins in Phase 3 when the
final configuration of said basins are determined. Should this
environmental review result in the requirement for measures to
mitigate any perceived environmental impacts, such measures shall
be incorporated into the revised Mitigation Monitoring Program,
subject to the approval of the Director of Planning. (Planning)
117. Reflect on the Final Map for Neighborhood 9 the deletion of
one lot from the north side of Street _~~ and consolidation of the
remaining lots to create larger lots subject to the approval of the
Director of Planning. (Planning)
¿;;¿~
118. ?~~=lect a:: :'11e Fina:' -":9.p for Neighborhood 9 t.he ¿el~:.ion of
two ":'::::.:: fraIL :.:::.= east ~ _ _ _ ~: Stre~:' CCCC (1'~=:'ghborh8::;:i S j and
consc::'~a:.ioD 2: the reffia~~~~g lots to c~eate la=ger 10:'5, subjec:.
to tn: approva: of th= D~c~~:or of Planning. (Planning)
ll9. R=flect on th= Fina: );,ap for Neighborhood l3 the d=l=tion of
one 10: from th: west sid: 0: Street RPJRR south of Lot 33 to expand
open space lots B-l3 ane: C-l3, subject to th= approval of the
Director of Planning. (Planning)
l20. Payoff all existing d=ficit accounts associated with the
processing of this application to the satisfaction of the Director
of Pla..~,-ing.
a. Provide perman=nt Ci:y D=nch marks tied to the City system at
the following locations:
l. East "H" Street/Mt. Miguel Road
2. Lane Avenue/Otay Lak=s Road
3. Hunte Parkway/Otay La}:=s Road
4. Mt. Miguel Road/Mack=~zie Creek Road
5. East "H" Street/Both Subdivision Boundaries
6. East "H" Street/Lane .,,"venue
7. East "H" Str=et/Hunte Parkway
8. O~ay Lak=s Road/Rutg=rs
Said b~ch marks shall be tied to the existing City bench mark
system at points 465, l350, and l655. Completion shall occur prior
to acceptance of the associated street improvements. The
monumentation bond for the corresponding final map which contains
the intersection shall in~lude the cost of this work. Offsite
bench marks shall be set prior to approval of the first final map.
b. Provide th= City witj a copy of the disclosure to homeowners
of COSLS associated with ""ello-Roos, Assessment, and Open Space
Districts as required by Ordinance 2275 prior to approval of each
final map. (Planning)
Code R=ouirements
l2l. Comply with all app:icable sections of the Chula Vista
Municipal Code. Preparation of the Final Map and all plans shall
be in accordance with the provisions of the Subdivision Map Act and
the City of Chula vistëò subdivision Ordinance an Subdivision
Manual. (Engineering, P13.::::ing)
l22. Underground all utili::ies within the subdivision in accordance
with Municipal Code requirements. (Engineering)
l23. Provide some lots with residential fire sprinkler systems due
to access requirements as determined by the Fire Marshal. In
multi-family dwellings, if a sprinkler system is required for one
building, all buildings :.n the proj ect shall be sprinklered.
;;<7
(Firej
124. ~~Y-e all ~~~p8sed deve18prnent :-~.s~stent w~~h the 5a~t Creey-
Ranch SPA Pla~,ed Cornrn~,ity Distri=: ë?egulations, subject to the
approval of the Direct8~ of Plannin~ (Planning)
125. C8mply wi::h Title 24 and an~/ other energy conservation
ordinaDces and p81icies in effect at ~he time construction 8ccurs
8n the property in conformance with t~is Tentative Map. (Building
and Housing, Planning)
126. C8mply with all relevant Federa~. State and L8cal regulations,
includi::tg the Clean Water Act. The cie-¡e18per shall be responsible
for providing all required testing aDe: documentation to demonstrate
said compliance as required by the Ci~y Engineer. (Engineering)
127. Comply with the Community Purpose Facility Ordinance. The
developer shall provide areas proposed to show compliance with said
ordinance and obtain approval of said areas from the Director of
Pla=ing. (Planning)
128. Pay the following fees in acco~dance with the Ci ty Code and
Council Policy:
a. The Transportation and Public ~acilities Development Impact
Fees prior to the issuance of any b~ilding permit.
b. Signal Participation Fees
c. School fees
d. All applicable sewer fees, including but not limited to sewer
co=ection fees
Pay the amount of said fees in effec~ at the time of issuance of
building permits. (Engineering)
failing any of which conditions, or failing the continued
maintenance of same as the condition may require, this conditional
approval and any entitlement accruing hereunder, shall, following
a public hearing by the City Council at which the Applicant or his
successor in interest is given notice and the opportunity to appear
and be heard with regard thereto, be terminated or modified by the
City Council.
SECTION 8. CEQA Findings
(1) Re-adoption of Findings.
The Council does hereby re-approve, accept as its own, and re-
incorporate as if set forth full herein, and make each and every
one of the CEQA ?indings attached hereto as Exhibit D.
~?'
(2) Certain Mi~igation ~. ~~~es Feas~~le and ~=-¿opted.
As m~=2 fully ~dentified ~.._ set fo~~~ ~n the ?=~gram EI~ and the
SEIR, and in the CEQA Fi~~~~gs for ~his Projec~, which is hereby
attached hereto as Exh::.~::.: D, the Council hereby fir-ds that
pursuant to Public Resourcs~ Code Section 21081 and CEQA Guidelines
Section 15091, that the mi:i;ation measures described in the above
referenced document are :sõ_sible and will become binding upon the
approp:date entity such -- the Applicant, the City, or other
special districts which ha~ :0 implement these specific mitigation
measures.
(3) Feasibility of Alter~õ:ives.
As is also noted in the Er:-·-ironmental documents referenced in the
immediately preceding paragraph, alternatives to the Project which
were identified as potenti~~ly feasible are hereby found not to be
feasible.
(4) Adoption of Mitigatio~ Monitoring Program.
As required by the Public ?esources Code Section 21081. 6, City
Council hereby re-adopts :~~ Mitigation Monitoring and Reporting
Program ( " Program n ) set Í:r:h as Exhibit E to this resolution and
incorporated herein by rs:~rence as set forth in full. The City
Council recommends that -=-___'3 Council find that the Program is
designed to ensure that :::-..:ring the project implementation and
operation, the Applicants ~~d other responsible parties implement
the project components aT.:::: comply with the feasible mitigation
measures identified in the Findings and in the Program.
(5) Statement of Overriding Considerations.
Even after the re-adoptic~ :¡f all feasible mitigation measures,
certain significant or ;::entially significant environmental
affec:s caused by the :::,-:¡j ect or cumulatively will remain.
Therefore, the City Counci~ of the City of Chula Vista re-issues,
pursuant to CEQA Guideli:c"'s Section 15093, as set forth and
attached hereto, a Sta:2ment of Overriding Considerations
identifying the specific eccnomic, social, and other considerations
that render the unavoiàa;:· l e significant adverse environmental
effects still significant ~~t acceptable.
SECTION 9. Notice of D~:ermination.
City Council directs the ~:--,'ironmental Review Coordinator to post
a Notice of Determination ë~i file the same with the County Clerk.
Presented by Approved as to form by
Robert A. Leiter Bruce M. Boogaard
Director of Planning City Attorney
;;21
- __.___~.____..____.._"__" . 0"_.
·
PASSED, Þ_PPROVE:: and Þ~J?~~~ by t~7 ,:::y Council of th" C::'ty 0:
Chula ·\i:sta, C~=-:::)rnia :'::':'5 6:h ~- OCt8::'SY, 1992, ::Jy ths
followin:; vote:
YES: Counci:'rnembers: Horte:-. :.]:>ore, Rindone, Naåer
NOES: Counci:'rnembers: Non"
ABSENT: Councilrnembers: Malec ~-'
ABSTAIN: Councilrnember5: None
- Nader, Mayor
ATTEST:
Beverly A. Authelet¡ City Clerk
STATE OF CALIFORNIA )
COUNTY OF SAN DIEGO ) ss.
CITY OF CHULA VISTA )
I, Beverly A. Authelet, City Clerk - - the City of Chula Vista,
- -
California, do hereby certify that -= :~e foregoing Resolution No.
16834 was duly passed, approved, an:', adopted by the City Council
held on the 6th day of October, 1992.
Executed this 6th day of October, 1S"':;'.
:ë7'2rlyA. Authelet, City Clerk
30
. SALT CREEK RANCH
NEIGHBORHOOD 6
.---J l I ---.I ~
PJIIIC2'ØII vaur .."
./
. HUNSAKER ATTACHMENT 28
~ ~~9~l::"[ES q-6 -
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INQNIBtIC SIn ""'" Co 9Z121 ~ I ~ I
U-VMNC "''-·fXC.-'1414
File nome: R:\0009\DOO9Y011 - w.o. 1413-9 SCALE 1" = 400'
SALT CREEK RANCH
NEIGHBORHOOD 5
~l I -----.J
PJIOC2'ØB v.u.ur BCWI ~
pEII"'_&I'iOQD U.
MAP NO. 1115118
. HUNSAKER ATTACHMENT 2A··
~ ~~,~?f~TES Cj'-7
~
PlANNING '1JtI9 fUrn!Iœnr St. SIiœ :zoo 400 0 400 800 120
ENGINIERING So. (J;op>, c:. 9Z1l1 ~ ~ I I I
SIAlVEYlNG __'FX(."_W14
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'SALT CREEK RANCH
INEIGHBORHOODS 5 & 6
~l I ----.J ~
PJIØCftIB v.u.ur JIIW
"~---~It..-oD .
...:..................IJ(JI) Ii&.
IUP 110. 1_
HUNSAKER ATTACHMENT 2C
& ASSOCIATES q-&'
s'" N Ð J £ C 0, I trI C. -~
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File nome: R:\0009\DOD9YD01 - w.o. 141;}-9 SCALE 1" = 400'
------ -. . - - --"---..-.-- _.----..._---,.~--
CITY OF CHULA VISTA DISCLOSURE srA~'T
Yonan: requir=: to 1ili: a Staremem of ~ of certain owncnihip or finaacia1 intcrcsu. JJ2Y1D.-"III&, or campõllgn
com:ributions on all matters which will rcquizc dixcrctimwy action on II>:: pan of tœ City Council, Pl8I1I1iIJg
rnmm;",,;nn. 1IIId all DIber official bodies. The fo!lowiDg information must be diIc1oSCli:
L List Ihe - of all pc:rsom having a filwlciaJ ÍDtcn:It in the propcny wIúch is the mbject of the applicarion
or the Cœtta.."t, e.g., 1117iDtr, applil:;m¡, Cœunctor, subcomracIor, maIeriaI SUpplia, cœ.
PACIFIC BAY PROPERTIES. A
CALIFORNIA COP~ORATION
2. If any p::non. ÏdeDtified punmam to (1) above is RCOIpOratio.norpaImcrahip, list themmes of all individuals
owning m<m: than 10 % oflhe sbares in the COIpCho1Ïœ or 01VDin& anypattner¡\ùp im=st in !be parTIlenbip.
N/A
3. Ifanypen;an. ;m..rif;"", pum¡amto (1) above is aDllll-plOfiI O'5''';'. ;~ or a II1Ist, list the names of any
persœ st:r\'íng as dircaor of the DOD-profiI OlE"";"';"" or ¡u¡ Irn5Ic: or _~M""Y or trUStor of the Irust.
N I ¿
4. Have you had more than $250 worth of business tœIsacted wiIh any member of the City staff, Boards,
C"""",.,;..v.-. Cnmmirt-.IlldCoom;j witbinIh::past twelve JDOOIbs? ¥t:£_ No.]¡ If yes, pleaseino:ücæe
person(s):
5. PJease iderWfy each and e\'I:IY person, ;1It'¡'';¡~ ag=Is, empJoyees, CODSuIImIs. or ÏIIdcpe:tu em Comracrors
who you lIave assigœd to n:presem yon bcfoœ lb. Cíty in this man.:t.
HITNSAKER & ASSOCIATES SAN DIEGO, INC.
LUNDSTROM & ASSOCIATES
6. Have yon mIIor your ofIiœn or apuq, in !be aggrcgare, ~ mono than $1.000 to a COUDCiI
m"""J- in 1he cum:ot or ¡m:a:ding eIœIion period? Y",,_ No..x... If yes, Slate wIili:b Cotmcil m~"'m(s):
,
I .. .. .. (NOTE: AttIICh AdditiDDIII Pagrs as Nt . .1) . .. .
. !cA I' )
Dale: q IZ-ç-I '113 ~! /../J(}ý\.....J
S' . oftAppIicam
G-z-U~
Primed or Typed Nmm: of Contractor/App\il:am
.. &œm is dl!/iMd as: .Any ~ firm. C:O-parrnenhip, jDÙll_e. twoc:üztion, sodtd dJJb. ~
orgll1lŽ:JJWn. CD1]101'l1lion. -. trwl, uceiw:r. synt/ia¡u, this awl œry other COU1t1J. dIy, or cOlDllry, ci1y
municipo1ity, dimi.ct. or other poIilicol mbtIiVWDn. or œry other KTf1II/J or <:otIIbination oaing as a unit.
~ q--9 ATTACHMENT 3
RESOLUTION NO. /9 ;¿ 'I J
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING FINAL MAPS OF TRACT NO.
92-02, SALT CREEK RANCH, NEIGHBORHOOD 5, UNITS
2 THROUGH 5, AND NEIGHBORHOOD 6, UNITS 6
THROUGH 10, ACCEPTING ON BEHALF OF THE CITY
PUBLIC STREETS AND EASEMENTS GRANTED ON SAID
MAPS WITHIN SAID SUBDIVISIONS, REJECTING ON
BEHALF OF THE CITY ALL OPEN SPACE LOTS GRANTED
ON SAID MAPS WITHIN SAID SUBDIVISIONS, AND
APPROVING SUBDIVISION IMPROVEMENT AGREEMENTS
FOR THE COMPLETION OF IMPROVEMENTS REQUIRED BY
SAID SUBDIVISIONS, AND AUTHORIZING THE MAYOR
TO EXECUTE SAID AGREEMENTS
NOW, THEREFORE, BE IT RESOLVED that the City Council of
the city of Chula Vista hereby finds that that certain map survey
entitled Chula Vista Tract 92-02 SALT CREEK RANCH NEIGHBORHOOD 5,
UNIT 2, and more particularly described as follows:
Being a subdivision of portions of the south half of
Section 26, Township 17 South, Range 1 West, San
Bernardino Base and Meridian, as shown on Record of
Survey No. 14064, in the City of Chula Vista, County of
San Diego, State of California, filed in the office of
the County Recorder of San Diego County on February 5,
1993.
Area: 5.513 Acres No. of Lots: 24
Numbered Lots: 23 Lettered Lots: 1
Open Space Lots: 0.530 Acres
is made in the manner and form prescribed by law and conforms to
the surrounding surveys; and that said map and subdivision of land
shown thereon is hereby approved and accepted.
BE IT FURTHER RESOLVED, said Council hereby accepts on
behalf of the City of Chula Vista, Pueblo Place and a portion of
Stone Canyon Road; 5-1/2 foot easements with the right of ingress
and egress for the construction and maintenance of tree planting
along dedicated streets, and ten foot general utility and access
easements within Lot "A" for installation of public utilities,
noting that use of said general utility and tree planting easements
by others is subject to written permission and issuance of an
Encroachment Permit from the City of Chula vista, all as shown on
this map within this subdivision, subject to the conditions set
forth thereon.
BE IT FURTHER RESOLVED, said Council acknowledges on
behalf of the City of Chula vista, the Irrevocable Offer of
1
9/9-/
Dedication of Fee Interest in Lot A for Open Space and Other Public
Purposes as shown on this map within this subdivision, noting that
section 7050 of the Government Code of the State of California
provides that such offers of dedication may be accepted at any
future time by the City Council. .
BE IT FURTHER RESOLVED that the City Clerk of the city of
Chula Vista be, and is hereby authorized and directed to endorse
upon said map the action of said Council; that said Council has
approved said subdivision map, and that said public streets are
dedicated for public use, and that those certain easements with the
right of ingress and egress for the construction and maintenance of
street tree planting, general utility and access, as granted
thereon and shown on said map within said subdivision, are accepted
on behalf of the city of Chula vista as hereinabove stated.
BE IT FURTHER RESOLVED that the City Clerk be, and is
hereby directed to transmit said map to the Clerk of the Board of
Supervisors of the County of San Diego.
BE IT FURTHER RESOLVED that that certain Subdivision
Improvement Agreement dated the day of , , for
the completion of improvements in said subdivision, a copy o~ w~~~ À /
is on file in the office of the city Clerk as Document No. ð . ¿l40
is hereby approved.
BE IT RESOLVED that the city Council of the city of Chula
vista hereby finds that that certain map survey entitled Chula
vista Tract 92-02, SALT CREEK RANCH NEIGHBORHOOD 5, UNIT 3, and
more particularly described as follows:
Being a subdivision of a portion of the south half of the
southwest quarter of section 26, Township 17 South, Range
1 West, San Bernardino Base and Meridian, as shown on
Record of Survey No. 14064, in the City of Chula vista,
County of San Diego, State of California, filed in the
office of the County Recorder of San Diego County on
February 5, 1993.
Area: 6.251 No. of Lots: 34
Numbered Lots: 34 Lettered Lots: 0
is made in the manner and form prescribed by law and conforms to
the surrounding surveys; and that said map and subdivision of land
shown thereon is hereby approved and accepted.
BE IT FURTHER RESOLVED, said Council hereby accepts on
behalf of the city of Chula Vista a portion of River Rock Road; and
5-1/2 foot easements with the right of ingress and egress for the
construction and maintenance of tree planting along dedicated
streets, noting that use of said tree planting easement by others
is subject to written permission and issuance of an Encroachment
2
9/J---J-,
Permit from the City of Chula Vista as shown on this map within
this subdivision, sUbject to the conditions set forth thereon.
BE IT FURTHER RESOLVED that the City Clerk of the City of
Chula Vista be, and is hereby authorized and directed to endorse
upon said map the action of said Council; that said Council has
approved said subdivision map, and that said public street is
dedicated for public use, and that those certain easements with the
right of ingress and egress for the construction and maintenance of
street tree planting, as granted thereon and shown on said map
within said subdivision, are accepted on behalf of the City of
Chula Vista as hereinabove stated.
BE IT FURTHER RESOLVED that the City Clerk be, and is
hereby directed to transmit said map to the Clerk of the Board of
Supervisors of the County of San Diego.
BE IT FURTHER RESOLVED that that certain Subdivision
Improvement Agreement dated the day of , for
the completion of improvements in said subdivision, a copy of Wh~~ '/
is on file in the office of the City Clerk as Document No. C(Y:; .
is hereby approved.
BE IT FURTHER RESOLVED that the City Council of the City
of Chula Vista hereby finds that that certain map survey entitled
Chula Vista Tract 92 - 02 SALT CREEK RANCH NEIGHBORHOOD 5, UNIT 4,
and more particularly described as follows:
Being a subdivision of a portion of the south half of
Section 26, Township 17 South, Range 1 West, San
Bernardino Base and Meridian, as shown on Record of
Survey No. 14064, in the City of Chula Vista, County of
San Diego, State of California, filed in the office of
the County Recorder of San Diego County on February 5,
1993.
Area: 3.567 Acres No. of Lots: 14
Numbered Lot: 13 Lettered Lots: 1
Open Space Lots: 0.802 Acres
is made in the manner and form prescribed by law and conforms to
the surrounding surveys; and that said map and subdivision of land
shown thereon is hereby approved and accepted.
BE IT FURTHER RESOLVED, said Council hereby accepts on
behalf of the city of Chula vista portions of River Rock Road and
Stone Canyon Road; 5-1/2 foot easements with the right of ingress
and egress for the construction and maintenance of tree planting
along dedicated streets, and a ten foot general utility and access
easement within Lot IIAII for installation of public utilities,
noting that use of said general utility and general access
easements by others is subject to written permission and issuance
3
9/1 ~3
of an Encroachment Permit from the City of Chula vista, all as
shown on this map within this subdivision, subject to the
conditions set forth thereon.
BE IT FURTHER RESOLVED, said council acknowledges on
behalf of the City of Chula vista, the Irrevocable Offer of
Dedication of Fee Interest in Lot A for Open Space and Other Public
Purposes as shown on this map within this subdivision, noting that
Section 7050 of the Government Code of the State of California
provides that such offers of dedication may be accepted at any
future time by the City Council.
BE IT FURTHER RESOLVED that the City Clerk of the city of
Chula Vista be, and is hereby authorized and directed to endorse
upon said map the action of said Council; that said Council has
approved said subdivision map, and that said public streets are
dedicated for public use, and that those certain easements with the
right of ingress and egress for the construction and maintenance of
street tree planting, general utility and access, as granted
thereon and shown on said map within said subdivision, are accepted
on behalf of the City of Chula Vista as hereinabove stated.
BE IT FURTHER RESOLVED that the city Clerk be, and is
hereby directed to transmit said map to the Clerk of the Board of
Supervisors of the County of San Diego.
BE IT FURTHER RESOLVED that that certain Subdivision
Improvement Agreement dated the day of , 19__ for
the completion of improvements in said subdivision, a copy of 1)~~- ., /\ C7
is on file in the office of the city Clerk as Document No. r ro<t/o
is hereby approved.
NOW, THEREFORE, BE IT RESOLVED that the City Council of
the City of Chula Vista hereby finds that that certain map survey
entitled Chula vista Tract 92-02, SALT CREEK RANCH NEIGHBORHOOD 5,
UNIT 5, and more particularly described as follows:
Being a subdivision of a portion of the south half of the
southwest quarter of section 26, Township 17 South, Range
1 West, San Bernardino Base and Meridian, as shown on
Record of Survey No. 14064, in the City of Chula Vista,
County of San Diego, State of California, filed in the
office of the County Recorder of San Diego County on
February 5, 1993.
Area: 5.020 Acres No. of Lots: 23
Numbered Lots: 22 Lettered Lots: 1
Open Space Lot: 0.942 Acres
is made in the manner and form prescribed by law and conforms to
the surrounding surveys; and that said map and subdivision of land
shown thereon is hereby approved and accepted.
4
9/J d!
BE IT FURTHER RESOLVED, said council hereby accepts on
behalf of the City of Chula vista a portion of Stone Canyon Road;
5-1/2 foot easements with the right of ingress and egress for the
construction and maintenance of tree planting along dedicated
streets, noting that use of said tree planting easements by others
is subject to written permission and issuance of an Encroachment
Permit from the city of Chula vista, all as shown on this map
within this sUbdivision, subject to the conditions set forth
thereon.
BE IT FURTHER RESOLVED, said council acknowledges on
behalf of the City of Chula vista, the Irrevocable Offer of
Dedication of Fee Interest in Lot A for Open Space and Other Public
Purposes as shown on this map within this subdivision, noting that
Section 7050 of the Government Code of the State of California
provides that such offers of dedication may be accepted at any
future time by the City Council.
BE IT FURTHER RESOLVED that the city Clerk of the City of
Chula vista be, and is hereby authorize and directed to endorse
upon said map the action of said Council; that said Council has
approved said subdivision map, and that said public street is
dedicated for public use, and that those certain easements with the
right of ingress and egress for the construction and maintenance of
street tree planting, as granted thereon and shown on said map
within said subdivision, are accepted on behalf of the City of
Chula vista as hereinabove stated.
BE IT FURTHER RESOLVED that the City Clerk be, and is
hereby directed to transmit said map to the Clerk of the Board of
Supervisors of the County of San Diego.
BE IT FURTHER RESOLVED that that certain Subdivision
Improvement Agreement dated the day of , 19 for the
completion of improvements in said subdivision, a copy Ofijif~i~S
on file in the office of the City Clerk as Document NO~ .J is
hereby approved.
BE IT FURTHER RESOLVED that the city Council of the city
of Chula vista hereby finds that that certain map survey entitled
Chula Vista Tract 92-02, SALT CREEK RANCH NEIGHBORHOOD 6, UNIT 6,
and more particularly described as follows:
Being a subdivision of a portion of the south half of
section 26, Township 17 South, Range 1 West, San
Bernardino Base and Meridian, as shown on Record of
Survey No. 14064, in the City of Chula vista, County of
San Diego, State of California, filed in the office of
the County Recorder of San Diego County on February 5,
1993.
5
9/J ;3
______'^"____""_.____n______..___._..._.___
Area: 9.624 Acres No. of lots: 30
Numbered Lots: 28 Lettered Lots: 2
Open Space Lots: 3.270 Acres
is made in the manner and form prescribed by law and conforms to
the surrounding surveys; and that said map and subdivision of land
shown thereon is hereby approved and accepted.
BE IT FURTHER RESOLVED, said Council hereby accepts on
behalf of the city of Chula vista portions of River Rock Road and
Esperanza Place, 5-1/2 foot easements with the right of ingress and
egress for the construction and maintenance of tree planting along
dedicated streets, and ten foot general utility and access
easements within Lots "A" and "B" for installation of public
utilities noting that use of said general utility and access
easements by others is subject to written permission and issuance
of an Encroachment Permit from the city of Chula Vista, all as
shown on this map within this subdivision, subject to the
conditions set forth thereon.
BE IT FURTHER RESOLVED, said Council acknowledges on
behalf of the City of Chula vista, the Irrevocable Offers of
Dedication of Fee Interest in Lots "A" and "B" for Open Space and
Other Public Purposes as shown on this map within this subdivision,
noting that section 7050 of the Government Code of the State of
California provides that such offers of dedication may be accepted
at any future time by the City Council.
BE IT FURTHER RESOLVED that the City Clerk of the City of
Chula vista be, and is hereby authorized and directed to endorse
upon said map the action of said Council; that said Council has
approved said subdivision map, and that said public streets are
dedicated for public use, and that those certain easements with the
right of ingress and egress for the construction and maintenance of
street tree planting, general utility and access as granted thereon
and shown on said map within said sUbdivision, are accepted' on
behalf of the City of Chula vista as hereinabove stated.
BE IT FURTHER RESOLVED that the City Clerk be, and is
hereby directed to transmit said map to the Clerk of the Board of
Supervisors of the County of San Diego.
BE IT FURTHER RESOLVED that that certain Subdivision
Improvement Agreement dated the day of , 19_ for the
completion of improvements in said subdivision, a copy 0b wh¢1~/A
on file in the office of the City Clerk as Document No. () , {~
is hereby approved.
NOW, THEREFORE, BE IT RESOLVED that the City Council of
the City of Chula Vista hereby finds that that certain map survey
entitled Chula vista Tract 92-02, SALT CREEK RANCH NEIGHBORHOOD 6,
UNIT 7, and more particularly described as follows:
6
~/f rt
- - --_._--_..__._~._....- .
Being a subdivision of a portion of the south half of
Section 26, Township 17 South, Range 1 West, San
Bernardino Base and Meridian, as shown on Record of
Survey No. 14064, in the City of Chula Vista, County of
San Diego, State of California, filed in the office of
the County Recorder of San Diego County on
February 5, 1993.
Area: 4.686 Acres No. of Lots: 18
Numbered Lots: 17 Lettered Lots: 1
Open Space Lot: 0.769 Acres
is made in the manner and form prescribed by law and conforms to
the surrounding surveys; and that said map and subdivision of land
shown thereon is hereby approved and accepted.
BE IT FURTHER RESOLVED, said Council hereby accepts on
behalf of the City of Chula Vista a portion of Esperanza Place; 5-
1/2 foot easements with the right of ingress and egress for the
construction and maintenance of tree planting along dedicated
streets, and a ten foot general utility and access easement within
Lot nAil for installation of public utilities, noting that use of
said general utility and tree planting easements by others is
subject to written permission and issuance of an Encroachment
Permit from the City of Chula vista, all as shown on this map
within this subdivision, subject to the conditions set forth
thereon.
BE IT FURTHER RESOLVED, said Council acknowledges on
behalf of the city of Chula Vista, the Irrevocable Offer of
Dedication of Fee Interest in Lot A for Open Space and Other Public
Purposes as shown on this map within this subdivision, noting that
Section 7050 of the Government Code of the State of California
provides that such offers of dedication may be accepted at any
future time by the City Council.
BE IT FURTHER RESOLVED that the City Clerk of the City of
Chula Vista be, and is hereby authorized and directed to endorse
upon said map the action of said Council; that said Council has
approved said subdivision map, and that said public street is
dedicated for public use, and that those certain easements with the
right of ingress and egress for the construction and maintenance of
street tree planting, general utility and access, as granted
thereon and shown on said map within said subdivision, are accepted
on behalf of the City of Chula vista as hereinabove stated.
BE IT FURTHER RESOLVED that the City Clerk be, and is
hereby directed to transmit said map the Clerk of the Board of
Supervisors of the County of San Diego.
BE IT FURTHER RESOLVED that that certain Subdivision
Improvement Agreement dated the day of , 19 -, for
7
919 ~ 7
the completion of improvements in said subdivision, a copy of )j~~~!1
is on file in the office of the City Clerk as Document No.L2 :
is hereby approved.
NOW, THEREFORE, BE IT RESOLVED that the City Council of
the City of Chula vista hereby finds that that certain map survey
entitled Chula vista Tract 92-02, SALT CREEK RANCH NEIGHBORHOOD 6,
UNIT 8, and more particularly described as follows:
Being a subdivision of a portion of the south half of the
southwest quarter of section 27, Township 17 South, Range
1 West, San Bernardino Base and Meridian, as shown on
Record of Survey No. 14064, in the city of Chula vista,
County of San Diego, State of California, filed in the
office of the County Recorder of San Diego County on
February 5, 1993.
Area: 5.753 Acres No. of Lots: 31
Numbered Lots: 30 Lettered Lots: 1
Open Space Lot: 0.575 Acres
is made in the manner and form prescribed by law and conforms to
the surrounding surveys; and that said map and subdivision of land
shown thereon is hereby approved and accepted.
BE IT FURTHER RESOLVED, said Council hereby accepts on
behalf of the city of Chula vista portions of Creekside Place and
Valley View Drive; 5-1/2 foot easements with the right of ingress
and egress for the construction and maintenance of tree planting
along dedicated streets, and a ten foot general utility and access
easement within Lot !I All for installation of public utilities,
noting that use of said general utility and tree planting easements
by others is subject to written permission and issuance of an
Encroachment Permit from the City of Chula vista, all as shown on
this map within this subdivision, subject to the conditions set
forth thereon.
BE IT FURTHER RESOLVED, said Council acknowledges on
behalf of the City of Chula Vista, the Irrevocable Offer of
Dedication of Fee Interest in Lot A for Open Space and Other Public
Purposes as shown on this map within this sUbdivision, noting that
Section 7050 of the Government Code of the State of California
provides that such offers of dedication may be accepted at any
future time by the city Council.
BE IT FURTHER RESOLVED that the city Clerk of the City of
Chula vista be, and is hereby authorized and directed to endorse
upon said map the action of said Council; that said Council has
approved said subdivision map, and that said public streets are
dedicated for public use, and that those certain easements with the
right of ingress and egress for the construction and maintenance of
street tree planting, general utility and access, as granted
8
9// -r
thereon and shown on said map within said subdivision, are accepted
on behalf of the City of Chula vista as hereinabove stated.
BE IT FURTHER RESOLVED that the city Clerk be, and is
hereby directed to transmit said map to the Clerk of the Board of
Supervisors of the County of San Diego.
BE IT FURTHER RESOLVED that that certain Subdivision
Improvement Agreement dated the day of , 19 -, for
the completion of improvements in said sUbdivision, a copy ~f ~¿fc~/~
is on file in the office of the City Clerk as Document No ~ .
is hereby approved.
BE IT RESOLVED that the city Council of the City of Chula
vista hereby finds that that certain map survey entitled Chula
Vista Tract 92-02 SALT CREEK RANCH NEIGHBORHOOD 6, UNIT 9, and more
particularly described as follows:
Being a subdivision of a portion of the south half of the
southwest quarter of section 26, Township 17 South, Range
1 West, San Bernardino Base and Meridian, as shown on
Record of Survey No. 14064, in the City of Chula vista,
County of San Diego, State of California, filed in the
office of the County Recorder of San Diego County on
February 5, 1993.
Area: 3.390 Acres No. of Lots: 20
Numbered Lots: 20 Lettered Lots: 0
is made in the manner and form prescribed by law and conforms to
the surrounding surveys; and that said map and subdivision of land
shown thereon is hereby approve and accepted.
BE IT FURTHER RESOLVED, said Council hereby accepts on
behalf of the City of Chula vista, a portion of Valley View Drive
and 5-1/2 foot easements with the right of ingress and egress for
the construction and maintenance of tree planting along dedicated
streets, noting that use of said general utility and tree planting
easements by others is subject to written permission and issuance
of an Encroachment Permit from the City of Chula vista, all as
shown on this map within this subdivision, subject to the
conditions set forth thereon.
BE IT FURTHER RESOLVED that the city Clerk of the City of
Chula vista be, and is hereby authorized and directed to endorse
upon said map the action of said Council; that said Council has
approved said subdivision map, and that said public street is
dedicated for public use, and that those certain easements with the
right of ingress and egress for the construction and maintenance of
street tree planting, as granted thereon and shown on said map
within said subdivision, are accepted on behalf of the city of
Chula vista as hereinabove stated.
9
9/7 ~c¡
BE IT FURTHER RESOLVED that the City Clerk be, and is
hereby directed to transmit said map to the Clerk of the Board of
Supervisors of the County of San Diego.
BE IT FURTHER RESOLVED that that certain Subdivision
Improvement Agreement dated the day of 0
,
19 -, for the completion of improvements in said subdivision, a
copy of Whi'(j is ~n fi:g in the office of the City Clerk as
Document No. 09, 2 I , is hereby approved.
BE IT FURTHER RESOLVED that the city Council of the City
of Chula vista hereby finds that that certain map survey entitled
Chula Vista Tract 92-02, SALT CREEK RANCH NEIGHBORHOOD 6, UNIT 10,
and more particularly described as follows:
Being a subdivision of a portion of the south half of the
southwest quarter of section 27 Township 17 South, Range
1 West, San Bernardino Base and Meridian, as shown on
Record of Survey No. 14064, in the City of Chula Vista,
County of San Diego, State of California, filed in the
office of the County Recorder of San Diego County on
February 5, 1993.
Area: 3.674 Acres No. of Lots: 18
Numbered Lots: 18 Lettered Lots: 0
is made in the manner and form prescribed by law and conforms to
the surrounding surveys; and that said map and subdivision of land
shown thereon is hereby approved and accepted.
BE IT FURTHER RESOLVED, said Council hereby accepts on
behalf of the City of Chula vista a portion of Valley View Drive;
5-1/2 foot easements with the right of ingress and egress for the
construction and maintenance of tree planting along dedicated
streets, noting that use of said tree planting easements by others
is subject to written permission and issuance of an Encroachment
Permit from the City of Chula Vista, all as shown on this map
within this subdivision, subject to the conditions set forth
thereon.
BE IT FURTHER RESOLVED that the city Clerk of the city of
Chula vista be, and is hereby authorized and directed to endorse
upon said map the action of said Council; that said Council has
approved said subdivision map, and that said public street is
dedicated for public use, and that those certain easements with the
right of ingress and egress for the construction and maintenance of
street tree planting, as granted thereon and shown on said map
within said subdivision, are accepted on behalf of the city of
Chula vista as hereinabove stated.
10
9A -/¿J
- ___._____..._.__________.._.._______n__
BE IT FURTHER RESOLVED that the City Clerk be, and is
hereby directed to transmit said map to the Clerk of the Board of
Supervisors of the County of San Diego.
BE IT FURTHER RESOLVED that that certain Subdivision
Improvement Agreement dated the day of ,
19 -, for the completion of improvements in said subdivision, a
copy of WhicΠis tJin f~ in the office of the city Clerk as
is hereby approved.
Document No. D9' 2- / ,
Presented by Approved as to form by
(~J~Jh V /
John P. Lippitt ~JÕhn M. Kaheny
Director of Public Works city Attorney
c: \Res\saltCrk
11
Recording Requested by: . a 1
~b.is 1.S d e~am"\? e
CITY CLERK standar subdiV1.- t
When Recorded, Mail to: of. the rovemen t
CITY OF CHULA VISTA sion ImP t f.or sa1.
276 Fourth Avenue )\greemen
Chula vista, Ca. 91910 CJ:ee~
No transfer tax is due as this is a conveyance
to a public agency of less than a fee interest
for which no cash consideration has been paid or
received.
Declarant
SUBDIVISION IMPROVEMENT AGREEMENT
.,,~ THIS AGREEMENT, made and entered into this day of
, 199 -' by and between THE CITY OF CHULA VISTA, a
municipal corporation, hereinafter called "Cityn I and Pacific Bay
Properties, 2300 Boswell Road, Suite 209, Chula vista, California,
91914 hereinafter called "Subdivider";
.!i.lINgß.ß.gIH-".
WHEREAS, Subdivider is about to present to the City Council of
the City of Chula Vista for approval and recordation, a final
subdivision map of a proposed subdivision, to be known as SALT
CREEK RANCH NEIGHBORHOOD 5, UNIT 2 pursuant to the provisions-of
the Subdivision Map Act of the State of California, and in
compliance with the provisions of Title 18 of the Chula vista
Municipal Code relating to the filing, approval and recordation of
subdivision map; and,
WHEREAS, the Code provides that before said map is finally
approved by the Council of the City of Chula Vista, Subdivider must
have either installed and completed all of the public improvements
and/or land development work required by the Code to be installed
in subdivisions before final maps of subdivisions are approved by
the Council for purpose of recording in the Office of the County
Recorder of San Diego County, or, as an alternative thereto,
Subdivider shall enter into an agreement with City, secured by an
approved improvement security to insure the performance of said
work pursuant to the requirements of Title 18 of the Chula Vista
Municipal Code, agreeing to install and complete, free of liens at
Subdivider's own expense, all of the public improvements and/or
land development work required in said subdivision within a
definite period of time prescribed by said Council, and
WHEREAS, Subdivider is willing in consideration of the
approval and recordation of said map by the Council, to enter into
this agreement wherein it is provided that Subdivider will install
-1- 9/J -/c2
and complete, at Subdivider's own expense, all the public
improvement work required by City in connection with the proposed
subdivision and will delive.r to City improvement securities as
approved by the City Attorney, and
WHEREAS, a tentative map of said subdivision has heretofore
been approved, subject to certain requirements and conditions, as
contained in Resolution No. 16834, approved on the 6th day of
October, 1992 ("Tentative Map Resolution"); and
WHEREAS, complete plans and specifications for the
construction, installation and completion of said public improve-
ment work have been prepared and submitted to the City Engineer, as
shown on Drawings Nos. 93-269 through 93-278 on file in the office
of the City Engineer, and
WHEREAS, an estimate of the cost of constructing said public
improvements according to said plans and specifications has been
submitted and approved by the City in the amount of TWO HUNDRED
SIXTY SEVEN THOUSAND THREE HUNDRED DOLLARS AND NO CENTS
($267,300.00) .
NOW, THEREFORE, IT IS MUTUALLY UNDERSTOOD AND AGREED AS
FOLLOWS:
1. Subdivider, for itself and his successors in interest, an
obligation the burden of which encumbers and runs with the land,
agrees to comply with all of the terms, conditions and requirements
of the Tentative Map Resolution; to do and perform or cause to be
done and performed, at its own expense, without cost to City, in a
good and workmanlike manner, under the direction and to the
satisfaction and approval of the City Engineer, all of the public
improvement and/or land development work required to be done in and
adjoining said subdivision ("Improvement Work"); and will furnish
the necessary materials therefor, all in strict conformity and in
accordance with the plans and specifications, which documents have
heretofore been filed in the Office of the City Engineer and by
this reference are incorporated herein and made a part hereof.
2. It is expressly understood and agreed that all monuments
have been or will be installed within thirty (30) days after the
completion and acceptance of the Improvement Work, and that
Subdivider has installed or will install temporary street name
signs if permanent street name signs have not been installed.
3. It is expressly understood and agreed that Subdivider will
cause all necessary materials to be furnished and all Improvement
Work required under the provisions of this contract to be done on
or before the second anniversary date of Council approval of the
Subdivision Improvement Agreement.
4. It is understood and agreed that Subdivider will perform
said Improvement Work as set forth hereinabove, or that portion of
said Improvement Work serving any buildings or structures ready for
-2- 9/7 r/3
occupancy in said subdivision, prior to the issuance of any
certificate of clearance for utility connections for said buildings
or structures in said sUbdivision, and such certificate shall not
be issued until the City Engineer has certified in writing the
completion of said public improvements or the portion thereof
serving said building or structures approved by the City; provided,
however, that the improvement security shall not be required to
cover the provisions of this paragraph.
5. It is expressly understood and agreed to by Subdivider
that, in the performance of said Improvement Work, Subdivider will
conform to and abide by all of the provisions of the ordinances of
the City of Chula vista, and the laws of the State of California
applicable to said work.
6. Subdivider further agrees to furnish and deliver to the
City of Chula vista, simultaneously with the execution of this
agreement, an approved improvement security from a sufficient
surety, whose sufficiency has been approved by the City in the sum
of ONE HUNDRED THIRTY THREE THOUSAND SIX HUNDRED FIFTY DOLLARS AND
NO CENTS ($133,650.00) which security shall guarantee the faithful
performance of this contract by Subdivider and is attached hereto,
marked Exhibit "A" and made a part hereof.
7. Subdivider further agrees to furnish and deliver to the
City of Chula vista simultaneously with the execution of this
agreement, an approved improvement security from a sufficient
surety, whose sufficiency has been approved by the City in the sum
of ONE HUNDRED THIRTY THREE THOUSAND SIX HUNDRED FIFTY DOLLARS AND
NO CENTS ($133,650.00) to secure the payment of material and labor
in connection with the installation of said public improvements,
which security is attached hereto, marked Exhibit "B" and made a
part hereof and the bond amounts as contained in Exhibit "B", and
made a part hereof.
8. Subdivider further agrees to furnish and deliver to the
City of Chula Vista, simultaneously with the execution of this
agreement, an approved improvement security from a sufficient
surety, whose sufficiency has been approved by the city in the sum
of THREE THOUSAND DOLLARS AND NO CENTS ($3,000.00) to secure the
installation of monuments, which security is attached hereto,
marked Exhibit "C" and made a part hereof.
9. It is further agreed that if the Improvement Work is not
completed within the time agreed herein, the sums provided by said
improvement securities may be used by City for the completion of
the Improvement Work within said subdivision in accordance with
such specifications herein contained or referred, or at the option
of the City, as are approved by the City Council at the time of
engaging the work to be performed. Upon certification of completion
by the City Engineer and acceptance of said work by City, and after
certification by the Director of Finance that all costs hereof are
fully paid, the whole amount, or any part thereof not required for
payment thereof, may be released to Subdivider or its successors in
-3- 7/1 r/y
interest, pursuant to the terms of the improvement security.
Subdivider agrees to pay to the City any difference between the
total costs incurred to perform the work, including design and
administration of construction (including a reasonable allocation
of overhead), and any proceeds from the improvement security.
10. It is also expressly agreed and understood by the parties
hereto that in no case will the City of Chula vista, or any
department, board or officer thereof, be liable for any portion of
the costs and expenses of the work aforesaid, nor shall any
officer, his sureties or bondsmen, be liable for the payment of any
sum or sums for said work or any materials furnished therefor,
except to the limits established by the approved improvement
security in accordance with the requirements of the State
Subdivision Map Act and the provisions of Title 18 of the Chula
vista Municipal Code.
11. It is further understood and agreed by Subdivider that
any engineering costs (including plan checking, inspection,
materials furnished and other incidental expenses) incurred by City
in connection with the approval of the Improvement Work plans and
installation of Improvement Work hereinabove provided for, and the
cost of street signs and street trees as required by City and
approved by the city Engineer shall be paid by Subdivider, and that
Subdivider shall deposit, prior to recordation of the Final Map,
with City a sum of money sufficient to cover said cost.
12. It is understood and agreed that until such time as all
Improvement Work is fully completed and accepted by City,
Subdivider will be responsible for the care, maintenance of, and
any damage to, the streets, alleys, easements, water and sewer
lines within the proposed subdivision. It is further understood
and agreed that Subdivider shall guarantee all public improvements
for a period of one year from date of final acceptance and correct
any and all defects or deficiencies arising during said period as
a result of the acts or omissions of Subdivider, its agents,
contractors or employees in the performance of this agreement, and
that upon acceptance of the work by city, Subdivider shall grant to
city, by appropriate conveyance, the public improvements
constructed pursuant to this agreement; provided, however, that
said acceptance shall not constitute a waiver of defects by city as
set forth hereinabove.
13. It is understood and agreed that City, as indemnitee, or
any officer or employee thereof, shall not be liable for any injury
to person or property occasioned by reason of the acts or omissions
of Subdivider, its agents or employees, or indemnitee, related to
this agreement. Subdivider further agrees to protect and hold the
City, its officers and employees, harmless from any and all claims,
demands, causes of action, liability or loss of any sort, because
of or arising out of acts or omissions of Subdivider, its agents or
employees, or indemnitee, related to this agreement; provided,
however, that the approved improvement security shall not be
required to cover the provisions of this paragraph. Such
-4- 9/7,jÇ
indemnification and agreement to hold harmless shall extend to
damages to adj acent or downstream properties or the taking of
property from owners of such adjacent or downstream properties as
a result of the construction of said subdivision and the public
improvements as provided herein. It shall also extend to damages
resulting from diversion of waters, change in the volume of flow,
modification of the velocity of the water, erosion or siltation, or
the modification of the point of discharge as the result of the
construction and maintenance of drainage systems. The approval of
plans providing for any or all of these conditions shall not
constitute the assumption by city of any responsibility for such
damage or taking, nor shall City, by said approval, be an insurer
or surety for the construction of the subdivision pursuant to said
approved improvement plans. The provisions of this paragraph shall
become effective upon the execution of this agreement and shall
remain in full force and effect for ten (10) years following the
acceptance by the City of the improvements.
14. Subdivider agrees to defend, indemnify, and hold harmless
the City or its agents, officers, and employees from any claim,
~ction, or proceeding against the City or its agents, officers, or
employees to attack, set aside, void, or annul, an approval of the
City, advisory agency, appeal board, or legislative body concerning
a subdivision, which action is brought within the time period
provided for in Section 66499.37 of the Government Code of the
State of California.
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 PACIFIC BAY PROPERTIES:
Its:
By:
Mayor of the City of Chula
Vista
Title:
ATTEST
City Clerk By:
Approved as to form by
~~ Title:
~ City Attorney y
(Attach Notary Acknowledgment)
-5- 9A--/~
- - ---~- --..- -..-------
LIST OF EXHIBITS
Exhibit nAil Improvement Security - Faithful Performance
Form: Bond
Amount: $133,650.00
Exhibit "BII Improvement Security - Material and Labor:
Form: Bond
Amount: $133,650. DO
Exhibit "CII Improvement Security - Monuments:
Form: Bond
Amount: $3,000.00
Securities approved as to form and amount by
~W^.~
~ City At rney
Improvement Completion Date: Two (2 ) years from date of
Council approval of the
Subdivision Improvement
Agreement.
c:\cbs\cvcity\sia\scrnSu2
-6- 7 ~ r- /7
,
}
STATE OF CALIFORNIA }ss.
COUNTY OF San Die\!0 }
On OctohPT ?A 1 QQR , before me, Susan Lizabeth Bowers. Notarv Rennh 1; c .
personally appeared Liz Jac -kson------------------------------------------------------
___________________________________________-------------------, personally known to me
(or proved to me on the basis of satisfactory evidence) to be the person~ whose name(S.)J.s/are-
subscribed to the within instrument and acknowledged to me that he/she/they executed the same
in his/her/their authorized capacity(ies), and that by his/her/tAeir signature(s) on the instrument the
person(s) or the entity upon behalf of which the person($} acted. executed the instrument.
WITNESS my hand and official seal.
.'; ~'
--- -1 i"ì
Signature --V ~.l-- ~",-.'<..ri- /\./{-~¡-(ro....·7
-I ','
1- - - - :;;;;~ A 1
- @ ~::...,"~,. -I
i -.; NoIay P\.t)ilc - CaIbnkI
, San Diego Cou1ty -
i _ _ _ _~~~"'_~9.~ t
(ThIs wea Iof ofticl8l notanal sea/)
Title of Document 'I ~I 0 1 r:.' ,,f ~ - , - IT-
. 1--- -<' .... ~~ " /l, { ,......., J . ._ I C, f I' 'J~-\_ __.
Date of Document-7 iT C,:7'Zx . ,vi (i "ì
No. of Pages .--1r~/ ~(c ~
. ,
Other signatures not acknowledged
/9 ~/
RESOLUTION NO. J9~Y.y
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING SUPPLEMENTAL SUBDIVISION
IMPROVEMENT AGREEMENT FOR CHULA VISTA TRACT
92-02, SALT CREEK RANCH, NEIGHBORHOOD 5, UNITS
2 THROUGH 5 AND NEIGHBORHOOD 6, UNITS 6
THROUGH 10 AND AUTHORIZING THE MAYOR TO
EXECUTE SAID AGREEMENT
WHEREAS, the developer for Chula vista Tract No. 92-02,
Salt Creek Ranch, Neighborhood 5, units 2 through 5 and
Neighborhood 6, Units 6 through 10, has executed a Supplemental
Subdivision Improvement Agreement (SSIA) in order to satisfy
Conditions 2, 4, and 124 of Resolution 16834.
NOW, THEREFORE, BE IT RESOLVED the City Council of the
City of Chula vista does hereby approve the Supplemental
Subdivision Improvement Agreement for Chula vista Tract No. 92-02,
Salt Creek Ranch, Neighborhood 5, units 2 through 5, and
Neighborhood 6, units 6 through 10, a copy of which is on file in
the office of the city Clerk as Document No. Cr)9?, ~/~
BE IT FURTHER RESOLVED that the Mayor of the City of
Chula Vista is hereby authorized and directed to execute said
Agreement.
Presented by Approved as to form by
~~/
John P. Lippitt ~ J?hn M. Kaheny '{
Director of Public Works Clty Attorney
C:\Res\SCR5&6.BUp
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,-..-.._-. '.-,--_.'.",.-
RECORDING REQUESTED BY: )
)
City Clerk )
)
WHEN RECORDED MAIL TO: )
)
CITY OF CHULA VISTA )
276 Fourth Avenue )
Chula Vista, CA 91910 )
)
No transfer tax is due as this is a )
conveyance to a public agency of )
less than a fee interest for which )
no cash consideration has been paid )
or received. )
)
)
)
Developer )
)
)
Above Space for Recorder's Use
SUPPLEMENTAL SUBDIVISION IMPROVEMENT AGREEMENT
FOR SALT CREEK RANCH, CHULA VISTA TRACT 92-02
SALT CREEK RANCH, NEIGHBORHOODS 5 AND 6
(Conditions 2,4,and 124 of Resolution No. -
16834)
This Supplemental Subdivision Improvement Agreement
( "Agreement" ) is made this ___ day of , 1998, by and
between THE CITY OF CHULA VISTA, California ("City" or "Grantee"
for recording purposes only) and PACIFIC BAY PROPERTIES, a
California Corporation, formerly known as PACIFIC BAY HOMES, a
California Corporation successor by merger to FN DEVELOPMENT
COMPANY, ALPHA, a California Corporation successor by merger to FN
Development Company, BRAVO, a California Corporation, as owner
( "Developer" or I1Grantor"), with reference to the facts set forth
below, which recitals constitute a part of this Agreement:
RECITALS
A. This Agreement concerns and affects certain real property
located in Chula Vista, California, more particularly described on
Exhibit "A" attached hereto and incorporated herein ("Property") .
The Property is part of a project commonly known as SALT CREEK
1
9{]~c2
RANCH , CHULA VISTA TRACT 92-02 SALT CREEK RANCH. For purposes of
this Agreement the term "Project" shall mean "Property" .
B. Developer is the owner of the Property.
C. Developer has applied for and the City has approved a
Tentative Subdivision Map commonly referred to as Salt Creek Ranch,
Chula Vista Tract No. 92-02, ("Tentative Subdivision Map") for the
subdivision of a large parcel of property including the subject
Property.
D. The City has adopted Resolution No. 16834 ("Resolution" )
pursuant to which it has approved the Tentative Subdivision Map
subject to certain conditions as more particularly described in the
Resolution. The description of the conditions in this recital
section of this Agreement is intended only to summarize and
paraphrase such conditions in the Resolution, and is not intended
herein to modify or explain them, and is not intended as a basis
for interpreting them.
E. City is willing, on the premises, security, terms and
conditions herein contained to approve the final map for which
Developer has applied as being in substantial conformance with the
Tentative Subdivision Map described in this Agreement.
NOW, THEREFORE, in exchange for the mutual covenants, terms
and conditions herein contained, the parties agree as set forth
below.
l. Agreement Applicable to Subsequent Owners.
l. Agreement Binding Upon Successors. This Agreement
shall be binding upon and inure to the benefit of the successors in
interest and assigns of the parties as to any or all of the
Property until released by the mutual consent of the parties.
2. Agreement Runs with the Land. The burden of the
covenants contained in this Agreement ("Burden" ) is for the benefit
of the Property and the City, its successors and assigns and any
successor in interest thereto. City is deemed the beneficiary of
such covenants for and in its own right and for the purposes of
protecting the interest of the community and other parties public
or private, in whose favor and for whose benefit such covenants
running with the land have been provided without regard to whether
City has been, remained or is owner of any particular land or
interest therein. If such covenants are breached, the City shall
have the right to exercise all rights and remedies and to maintain
any actions or suits at law or in equity or other proper
proceedings to enforce the curing of such breach to which it or any
other beneficiaries of this agreement and the covenants may be
entitled.
2
/0 " ;J
a. Developer Release on Guest Builder
Assignments. If Developer assigns any portion of the Project,
Developer may have the right to obtain a release of any of
Developer's obligations under this Agreement, provided Developer
obtains the prior written consent of the City to such release.
Such assignment shall, however, be subject to this Agreement and
the Burden of this Agreement shall remain a covenant running with
the land. The City shall not withhold its consent to any such
request for a release so long as the assignee acknowledges that the
Burden of the Agreement runs with the land, assumes the obligations
of the Developer under this Agreement, and demonstrates, to the
reasonable satisfaction of the City, its ability to perform its
obligations under this Agreement as it relates to the portion of
the Project which is being acquired by the Assignee.
b. Partial Release of Developer's Assignees.
If Developer assigns any portion of the Project subject to the
Burden of this Agreement, upon request by the Developer or its
assignee, the City shall release the assignee of the Burden of this
Agreement as to such assigned portion if such portion has complied
with the requirements of this Agreement and such partial release
will not, in the opinion of the City, jeopardize the likelihood
that the remainder of the Burden will be completed.
2 . Condition No. 2. In satisfaction of condition No. 2 of
Resolution 16834, Developer shall install public facilities in
accordance with the Public Facilities Financing plan as amended or
as required by the City Engineer to meet threshold standards
adopted by the City of Chula Vista. In addition, the sequence that
improvements are constructed shall correspond to any future ~ast
Chula Vista Transportation Phasing Plan as may be amended in
accordance with the final HNTB SR-125 Financing Study adopted by
the City. The City Engineer and Planning Director may, at their
discretion, modify the sequence of improvement construction should
conditions change to warrant such a revision.
3 . Condition No. 4. In satisfaction of Condition No. 4
unless otherwise conditioned, the developer hereby agrees to comply
with, remain in compliance with, and implement, the terms,
conditions and provisions of the Salt Creek General Development
Plan, Sectional Planning Area Plan, and such Master Plan of
Reclaimed Water, Urban Runoff Report, Habitat Enhancement Plan,
Master Plan of Sewage, Water Conservation Plan, the Air Quality
Improvement Plan Design Guidelines and the Public Facilities
Financing plan (PFFP) approved by the Council ("Plans") as are
applicable to the property which is the subject matter of the
Tentative Map. This agreement and obligation shall be binding on
developer, and developer's successors in interest and shall run
with the land. After approval of the Final Map, the developer
shall continue to comply with, remain in compliance with, and
implement such Plans. Developer hereby agrees to waive any claim
3
7ßr7
that the adoption of a final Water Conservation Plan or Air Quality
Improvement plan constitutes an improper subsequent imposition of
the condition.
4. Condition No. 124. In satisfaction of Condition No. 124
of Resolution No. 16834, Developer shall make all proposed
development consistent with the Salt Creek Ranch SPA Planned
Community District Regulations, subject to the approval of the
Director of Planning and Building.
5. Satisfaction of Conditions. City agrees that the
execution and strict compliance with all requirements of this
Agreement constitutes satisfaction of . Developer's obligation of
Conditions 2,4,124 of Resolution No. 16834.
6 . Unfulfilled Conditions. Developer hereby agrees, unless
otherwise conditioned, that Developer shall comply with all
unfulfilled conditions of approval of the Salt Creek Ranch
Tentative Map, Tract 92-02 established by Resolution No. 16834
approved by Council on October 6, 1992.
7. Recording. This Agreement, or an abstract hereof
prepared by either or both parties, shall be recorded by the City
8. Miscellaneous.
a. Notices. unless otherwise provided in this Agreement
or by law, any and all notices required or permitted by this
Agreement or by law to be served on or delivered to either party
shall be in writing and shall be deemed duly served, delivered, 4nd
received when personally delivered to the party to whom it is
directed, or in lieu thereof, when three (3) business days have
elapsed following deposit in the u.S. mail, certified or registered
mail, return receipt requested, first-class postage prepaid,
addressed to the address indicated in this Agreement. A party may
change such address for the purpose of this paragraph by giving
written notice of such change to the other party. Facsimile
transmission shall constitute personal delivery.
4
~ß-~r;-
--- --.-.-.-.-
CITY OF CHULA VISTA
276 Fourth Avenue
Chula Vista, CA. 91910
Attn: Director of Public Works
Developer:
PACIFIC BAY PROPERTIES
2300 Boswell Road
Suite 209
Chula Vista, Ca. 91914
Attn: Liz Jackson
Division Manager
A party may change such address for the purpose of this paragraph
by giving written notice of such change to the other party in the
manner provided in this paragraph. Facsimile transmission shall
constitute personal delivery.
b. Captions. Captions in this Agreement are inserted
for convenience of reference and do not define, describe or limit
the scope or intent of this Agreement or any of its terms.
c. Preparation of Agreement. No inference, assumption or
presumption shall be drawn from the fact that a party or his
attorney prepared and/or drafted this Agreement. It shall be
conclusively presumed that both parties participated equally in the
preparation and/or drafting this Agreement.
d. Recitals; Exhibits. Any recitals set forth above are
incorporated by reference into this Agreement. -
e. Attorneys' Fees. If either party commences litigation
for the judicial interpretation, reformation, enforcement or
rescission hereof, the prevailing party will be entitled to a
judgment against the other for an amount equal to reasonable
attorney's fees and court costs incurred. The "prevailing party·
shall be deemed to be the party who is awarded substantially the
relief sought.
5
9!J -t
IN WITNESS WHEREOF, the parties hereto have caused this
Agreement to be executed the day and year first herein above set
forth.
CITY OF CHULA VISTA DEVELOPER: PACIFIC BAY
PROPERTIES
By:
Mayor U
Attest:
[Title]
Beverly Authelet, City Clerk By:
Approved as to Form:
\/y~~/ [Name]
John M. Kaheny, City Attorney
[Title]
(Attach Notary Acknowledgment)
H:\home\engineer\landdev\SUPP56.DEK OCT21,1998
10:00 A.M. -
6
7ß~?
·
THE ¥~2 HEREINBEFORE REFERRED TO IS A SUBDIVISION OF:
SALT _ =r:;:OEK RA..'ii"::::" NEIGHBORHOOD 5, UNIT 2, BEING A SUBDIVISION OF 1-.
PORT~O~ OF ~ SOUTH 1/2 OF SECTION 26, TOWNSHIP 17 SOU1:~, P~GE :
WEST, SAN BERNAP~INO BASE AND MERIDIAN, IN THE CITY OF CHULA VISTA,
COUNTY OF SAN DIEGO, STATE OF CALIFORNIA.
,
THE M.l,.? HEREINBEFORE REFERRED TO IS A SUBDIVISION OF:
SALT C?.EEK RANCH NEIGHBORHOOD 5, UNIT 3, BEING A SUBDIVISION OF A
PORTION OF THE SOUTH HALF OF THE SOUTHWEST QUARTER OF SECTION 26,
TOWNSHIP 17 SOUTH, RANGE 1 WEST, SAN BERNARDINO MERIDIAN, IN THE
COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO UNITED
STATES GOVERNMENT SURVEY THEREOF.
._u__~__ .----.---
-_._----~.
THE MA? HEREINBE?ORE REFERRED TO IS A SUBDIVISION OF:
SALT CREEK RANC'"rl NEIGHBORHOOD 5, UNIT 4, BEING A SUBDIVISION OF A
PORTION OF THE SOUTH HALF OF THE SOUTHWEST QUARTER OF SECTION 26,
TOWNSHIP 17 SOUTH, RANGE 1 WEST, SAN BERNARDINO MERIDIAN, IN THE
COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO UNITED
STATES GOVERNMEl\'T SURVEY THEREOF. -
_._~--~..--
THE MAP HEREINBEFORE REFERRED TO IS A SUBDIVISION OF:
SALT CREEK RANCH NEIGHBORHOOD 5, UNIT 5, BEING A SUBDIVISION OF A
PORTION OF THE SOUTH HALF OF THE SOUTHWEST QUARTER OF SECTION 26,
TOWNSHIP 17 SOUTH, RANGE 1 WEST, SAN BERNARDINO MERIDIAN, IN THE
COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO UNITED
STATES GOVERNMENT SURVEY THEREOF.
9ß-r Exhibit" A"
~
THE MÞ2 HEREINBEFORE REFERRED TO IS A SUBDIVISION OF:
SALT C?EEK RAN~~ NEIGHBORHOOD 6 UNIT 6, BEING A SUBDIVISION OF A
PORTION OF THE SOUTH HALF OF THE SOUTHWEST QUARTER OF SECTION 26,
TOWNSE:? 17 SOUTH, RANGE 1 WEST, SAN BERNARDINO MERIDIAN, IN THE
COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO UNITED
STATES GOVERNMENT SURVEY THEREOF.
---- -- - - ---
---
THE MÞ.P HEREINBEFORE REFERRED TO IS A SUBDIVISION OF:
SALT C?2EK RANCH NEIGHBORHOOD 6 UNIT 7, BEING A SUBDIVISION OF A
PORTION OF THE SOUTH HALF OF THE SOUTHWEST QUARTER OF SECTION 26,
TOWNSHIP 17 SOUTH, RANGE 1 WEST, SAN BERNARDINO MERIDIAN, IN THE
COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO UNITED
STATES GOVERNMEl>o"T SURVEY THEREOF.
-- . -
THE MÞ2 HEREINBEFORE REFERRED TO IS A SUBDIVISION OF:
SALT CPEEK RANCH NEIGHBORHOOD 6, UNIT B, BEING A SUBDIVISION OF A
PORTION OF THE SOUTH HALF OF THE SOUTHWEST QUARTER OF SECTION 26
TOWNSHIP 17 SOUTH, RANGE 1 WEST, SAN BERNARDINO MERIDIAN, IN THÉ
COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO UNITED
STATES GOVERNMENT SURVEY THEREOF.
-
_ _~_____m_
_..
THE MÞ.P HEREINBEFORE REFERRED TO IS A SUBDIVISION OF:
SALT CREEK RANCH NEIGHBORHOOD 6, UNIT 9, BEING A SUBDIVISION OF A
PORTION OF THE SOUTH HALF OF THE SOUTHWEST QUARTER OF SECTION 26,
, TOWNSHIP 17 SOUTH, RANGE 1 WEST, SAN BERNARDINO MERIDIAN, IN THE
¡ COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO UNITED
:- STATES GOVERNMENT SURVEY THEREOF.
,- -
,
----...
THE MAP HEREINBEFORE REFERRED TO IS A SUBDIVISION OF:
SALT CREEK RANCH NEIGHBORHOOD 6, UNIT 10, BEING A SUBDIVISION OF A
PORTION OF THE SOUTH HALF OF THE SOUTHWEST QUARTER OF SECTION 26,
TOWNSHIP 17 SOUTH, RANGE 1 WEST, SAN BERNARDINO MERIDIAN, IN THE
COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO UNITED
STATES GOVERNMENT SURVEY THEREOF. __1ft -_CZ
.-' -- ,-
-- - _.-
------.---
}
STATE OF CALIFORNIA }ss.
COUNTY OF San Diego }
On Ort"ohpT'?R 1 QQR , before me, Susan Lizabeth Bowers. Notarv Renl1h 1 i r ,
personally appeared Liz Jackson-------------------------------------------------------
_______________________________________________________-------, personally known to me
(or proved to me on the basis of satisfactory evidence) to be the person~ whose name($lis/afe-
subscribed to the within instrument and acknowledged to me that he/shelthey executed the same
in Ais/herttheir authorized capacity(ies), and that by his/herMeir signature(s) on the instrument the
person(s) or the entity upon behalf of which the person(st acted, executed the instrument.
WITNESS my hand and official seal.
/ ~
- . 7 :::;;b ~'7 (
Signature y, ~~ i' :' / ~:-i ..:..\) (1... --i,"
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J------------
~ 5L6AN UZASETH BOWERS
_ Corrmisslon'1085147 I
i .. Notay Public - CaI10mIa I
i' san Diego COU1ty I
My COrTmExpir", Feb 9.2000
-------------
(ThIS area tor otfic~ notanaI sear)
_ 4 ,'"' ((
Title of Document ....)/ _ _ ¿ ~....-u;...1 -~/~./__ ,,--r.. _ ;~.)..), , ,'.¿ !1H "~ . -I- ('J z" ..~ .
Date of Document-·· ,~. Lj~) No. of pages;< ,(/ -r (>: \
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Other signatures not acknowledged -----, ,
COUNCIL AGENDA STATEMENT j¡J
Item
Meeting Date 11/03/98
ITEM TITLE: A) Resolution / 'J.2 'I; Approving Final "B" Maps for Chula
Vista Tract No. 97-02, McMillin Otay Ranch SPA One, Phase 1,
Units 1 and 4, Accepting on Behalf of the Public the Public Streets
Granted on Said Maps Within Said Subdivisions, Accepting on
Behalf of the City of Chula Vista the Easements Granted on Said
Maps within Said Subdivisions, Acknowledging on Behalf of the
Public the Irrevocable Offer of Grant of Fee Interest of Lots for
Open Space and Other Public Purposes on said Maps within said
Subdivisions and approving Subdivision hnprovement Agreement
for the Completion of hnprovements Required by Said Subdivisions
and Authorizing the Mayor to Execute Said Agreement.
B) Resolution / t02J./t Approving Supplemental Subdivision
Improvement Agreement for the Final "B" Maps for Units 1 and
4 of Chula Vista Tract No. 97-02, McMillin Otay Ranch SPA One,
Ph= 1'" '"7" to Ð<=to S,id Ag=rn
SUBMITTED BY: Director of Public Works
REVIEWED BY: City Manager(çV fV (4/Sths Vote: Yes_No_XJ
f,J 1)\
Tonight, Council will consider the approval of the Final "B" Maps for Units 1 and 4 of the
McMillin Otay Ranch SPA One, Phase 1 (CVT 97-02) and two associated agreements.
BOARDS/COMMISSIONS RECOMMENDATION: Not applicable.
RECOMMENDATION: That Council approve the Resolutions approving the: A) Final "B"
Maps and Subdivision hnprovement Agreement, and B) the Supplemental Subdivision
Improvement Agreement.
DISCUSSION: On June 3, 1997, by Resolution No. 18686, the City Council approved the
Tentative Subdivision Map for Chula Vista Tract 97-02, McMillin Otay Ranch SPA One. An
excerpt of the minutes of that meeting is presented in Attachment 1. On July 14, 1998, the City
Council approved the Otay Ranch McMillin, Phase 1 Final "A" Map and the Subdivision
hnprovement Agreement ("A" Map SIA) for that map by Resolution No. 19079, and the
Supplemental Subdivision hnprovement Agreement for that map by Resolution No. 19080 ("A"
Map SSIA). An excerpt of the minutes of that meeting is presented in Attachment 2. The Final
"A" Map created "superblocks" Units 1 and 4 corresponding to Neighborhood R-ll and R-23 of
CVT No. 97-02 (see Attachments 3 and 4).
The final maps for each Unit consist of the following:
/tJ- /
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Page 2, Item
Meeting Date 11/03/98
Unit 1 120 4 (8.223 acres)' 36.642
Unit 4 87 3 (5.023 acres )' 20.178
1) All open space lots are private and will be maintained by a Master Homeowner's Association.
These are the First "B" Maps within the Otay Ranch McMillin Phase 1 project. Both maps have
been reviewed by the Department of Public Works and Planning & Building and found to be in
substantial confonnance with the approved Tentative Map. All fees and/or cash deposits specific
to both maps have been collected in satisfaction of various Tentative Map conditions of approval.
In addition, approval of the maps constitutes acceptance by the City of all assignable and
irrevocable general utility, street trees, emergency access, sewer, drainage and general access
easements granted on said maps. However, only an Irrevocable Offer of Grant of Fee Title of the
open space lots is conveyed on the maps, noting that Section 7050 of the Government Code of the
State of California provides that such offers may be accepted at any time by the City Council.
Said lots will remain in private property and will be maintained by a Master Homeowner's
Association.
Approval of the Unit 1 map constitutes acceptance of behalf of the public of the following streets:
· Santa Delphina Avenue · Strawberry Valley Drive
· Pacifica Avenue · Briddlevale Road
· Bellena Avenue · A portion of Bouquet Canyon Road
· Colusa Street · Fawntail Court
· Coolsprings Court · Ravenrock Court
· Quailsprings Court · Elk Run Place
· Montana Road · Covey Place
· Bellena Court
McMillin has already executed a Subdivision Improvement Agreement for both maps and has
provided bonds to guarantee the construction of the onsile public improvements. The Subdivision
Improvement Agreement and bonds are on file in the office of the City Clerk.
The construction of all ~ improvements serving Units 1 and 4, excepting the improvements
at the intersection of Otay Lakes Road/Telegraph Canyon Road, has been already secured by the
"A" Map SIA (previously approved by Council on July 14, 1998). That agreement secured the
construction of La Media Road, East Palomar Street, Santa Cora Avenue, and Backbone Utilities
serving the project. The Public Facilities Financing Plan (PFFP), approved by Council on
October 6, 1998, requires security for widening the intersection at Otay Lakes Road/Telegraph
/tJ~Á
Page 3, Item
Meeting Date 11/03/98
Canyon Road prior to the approval of the final map containing the cumulative 913 Equivalent
Dwelling Units within SPA One. The final maps for Units 1 and 4 will trigger this requirement.
McMillin has already provided bonds to guarantee the construction of said improvements. The "B"
Map SSIA contains provisions requiring developer to construct those improvements within two
years from the approval of the agreement.
A number of Tentative Map and "A" Map SSIA conditions are triggered specifically by Units 1 and
4. McMillin has already executed a Supplemental Subdivision Improvement Agreement ("B" Map
SSIA) for the maps. Together, the "A" Map SSIA (previously approved by Council on July 14,
1998) and the "B" Map SSIA will address all the conditions of approval applicable to Units I and
4. Both agreements benefit and burden all the single family residential neighborhoods within Phase
I of the Otay Ranch McMillin project (Units 1,2,3,4,5, and R-46). Also, both agreements "will
run with land" and the covenants in the agreements will burden the developer, as well as its
successors and assigns.
The Tentative Map conditions of approval of CVT No. 97-02 are presented in Attachment 5
(Resolution No. 18686). The conditions that are satisfied by the "B" Map SSIA are: 1, 3, 4, 6,
7, 16, 17,21, 22c, 25, 29, 30, 73, 74, 76c, 83, 87, 96, 100b, 103, 107, 109, 114, 115, 116, 117,
118, and 123. These conditions, excepting Nos. 7, 22c, 73, 76c, 83, and 1DOb are addressed
using typical language used in previous agreements. Following is a discussion on conditions No.
7, 22c, 73, 76c, 83, and 100b:
Condition Nos. 7 - (Conveyance Obligation). This condition stipulates that prior to the approval
of each Final Map, the applicant shall comply with all applicable requirements of the Phase 2
Resource Management Plan (RMP).
Because the developer does not currently own land for conveyance to the Otay Ranch Preserve and
the in-lieu fee is not in place, the "B" Map SSIA requires the developer to deposit cash with the
City in the amount of $270,056 ( 88.369 acres of conveyance obligation X the average value of
$3,056 per acre detennined in the appraisal) concurrent with the execution of the "B"Map SSIA.
The 88.359 acres is the aggregate of the conveyance obligations for the Unit 1 (43.531 acres),
Unit 4 (23.971 acres) and the Final "A" Map for Phase 1 (20.867 acres) approved by Council on
July 14, 1998. Compliance at the" A" Map approval was not required because the appraisal was
not ready by that time. The "A" Map SSIA included provisions deferring compliance to the first
"B" Map approval.
The developer further agrees to purchase land for conveyance to the Preserve, within 18 months
after approval of the agreement. If the developer does not buy land within the specified 18
months and/or the cash deposit is used by the City or the Preserve Owner Manager to purchase
or condemn land to meet the developer's land conveyance obligations, the developer agrees to
provide for any difference between the actual cost incurred by the City or the Preserve Owner
Manager and the cash deposit.
Condition Nos. 22c and 100b - (pedestrian Bridges). These conditions require the developer
to enter into an agreement with the City in which the developer agrees to fund its fair share of the
cost of construction of the pedestrian bridges connecting Villages One and Five, Villages One and
Two, and Village Five and Six. J¿J ~;J
. -- ---~_._._----
Page 3, Item
Meeting Date 11/03/98
Canyon Road prior to the approval of the fInal map containing the cumulative 913 Equivalent
Dwelling Units within SPA One. The fInal maps for Units 1 and 4 will trigger this requirement.
McMillin has already provided bonds to guarantee the construction of said improvements. The "B"
Map SSIA contains provisions requiring developer to construct those improvements within two
years from the approval of the agreement.
A number of Tentative Map and "A" Map SSIA conditions are triggered specifIcally by Units 1 and
4. McMillin has already executed a Supplemental Subdivision Improvement Agreement ("B" Map
SSIA) for the maps. Together, the "A" Map SSIA (previously approved by Council on July 14,
1998) and the "B" Map SSIA will address all the conditions of approval applicable to Units 1 and
4. Both agreements benefIt and burden all the single family residential neighborhoods within Phase
I of the Otay Ranch McMillin project (Units 1,2,3,4,5, and R-46). Also, both agreements "will
run with land" and the covenants in the agreements will burden the developer, as well as its
successors and assigns.
The Tentative Map conditions of approval of CVT No. 97-02 are presented in Attachment 5
(Resolution No. 18686). The conditions that are satisfIed by the "B" Map SSIA are: 1, 3, 4, 6,
7, 16, 17, 22c, 25, 29, 30, 64,65, 66, 67, 68, 69, 70, 71, 72, 73, 74, 76c, 83, 87, 100b, 109.
107, 109, 117 and 123. These conditions, excepting Nos. 7, 22c, 73, 76c, 83, and 100b are
addressed using typical language used in previous agreements. Following is a discussion on
conditions No.7, 22c, 73, 76c, 83, and l00b:
Condition Nos. 7 - (Conveyance Obligation). This condition stipulates that prior to the approval
of each Final Map, the applicant shall comply with all applicable requirements of the Phase 2
Resource Management Plan (RMP).
Because the developer does not currently own land for conveyance to the Otay Ranch Preserve and
the in-lieu fee is not in place, the "B" Map SSIA requires the developer to deposit cash with the
City in the amount of $270,056 ( 88.369 acres of conveyance obligation X the average value of
$3,056 per acre determined in the appraisal) concurrent with the execution of the "B"Map SSIA.
The 88.359 acres is the aggregate of the conveyance obligations for the Unit 1 (43.531 acres),
Unit 4 (23.971 acres) and the Final "A" Map for Phase 1 (20.867 acres) approved by Council on
July 14, 1998. Compliance at the "A" Map approval was not required because the appraisal was
not ready by that time. The "A" Map SSIA included provisions deferring compliance to the fIrst
"B" Map approval.
The developer further agrees to purchase land for conveyance to the Preserve, within 18 months
after approval of the agreement. If the developer does not buy land within the specifIed 18
months and/or the cash deposit is used by the City or the Preserve Owner Manager to purchase
or condemn land to meet the developer's land conveyance obligations, the developer agrees to
provide for any difference between the actual cost incurred by the City or the Preserve Owner
Manager and the cash deposit.
Condition Nos. 22c and lOOb - (pedestrian Bridges). These conditions require the developer
to enter into an agreement with the City in which the developer agrees to fund its fair share of the
cost of construction of the pedestrian bridges connecting Villages One and Five, Villages One and
Two, and Village Five and Six. /ð-(
._-_._~.__._- .~_..._".....~._~. --..---..-....
Page 4, Item
Meeting Date 11/03/98
The developer has requested that a Development Impact Fee ("DIP") be established to fInance the
fair share of constructing the three pedestrian bridges. Staff anticipates bringing the DIF for
Council approval by late November 1998. If approved by Council and no legal challenge is filed,
the DIF will become effective sixty (60) days after Council approval.
Because the DIF has not yet been established, the "B" Map SSIA requires the developer to
deposit, concurrent with the execution of the "B" Map SSIA, cash equal to $124,200.00 (207
EDUs X the estimated DIF amount of $600 per EDU). This represents the estimated fair share
of Unit 1 (120 UDUs) and Unit 4 (87 EDUs) of the cost of constructing the bridges. If the fmal
DIF is less than the estimated, the City agrees to refund the Developer the difference. If the
amount of the final DIF is more, the developer agrees to pay the difference.
The developer acknowledges that if no DIF mechanism is established for any reason, the City has
the right to retain the cash deposit to use for the construction of said pedestrian bridges and that
the developer shall pay the City any difference between the Final Map's fair share of the actual
total costs incurred to construct the pedestrian bridges and the amount previously paid.
Condition No. 73 - (Community Parks). This condition requires the developer to pay community
park fee based on the formula contained in the PAD fee ordinance.
In satisfaction of this condition the agreement requires that prior to approval of each final "B" map
within Phase I, the developer agrees to pay PAD fees as determined in the PAD fee ordinance,
Community Parks component.
With respect to the final maps for Units I and 4, the developer agrees to pay, in cash, the PAD fees
within 60 days of approval of the final maps. In addition, the developer agrees to provide,
concurrent with the execution of this agreement, security to guarantee the payment ofP AD fees. The
developer also agrees to pay interest, on the PAD fees, as required by the Municipal Code. The City
may withhold final or interim inspection of units for which building permits have been issued and
may withhold issuance of additional building permits or any other processing of entitlement on any
property or improvements until the required fees have been received by the City.
Condition No. 76c - (Master Homeowners Association). This condition requires developer to
submit, prior to approval of the fIrst fmal "B" map, evidence acceptable to the City Engineer and
the Directors of Planning and Building of the formation of a Master Homeowner's Association
(MHOA), or another fmancing mechanism acceptable to the City. The MHOA will be responsible
for maintaining those landscaping improvements not maintained by the Open Space District or the
City.
The City and the Department of Real Estate have already approved a preliminary version of the
MHOA's CC&Rs. The "B" Map SSIA requires developer to complete the formation of the
MHOA prior to making application for the first building permit within the Otay Ranch McMillin
Phase I project. In addition, within 60 days from the date of Council approval of the "B" Map
SSIA, the developer shall submit for City's approval the final CC&R's, grant of easements and
maintenance agreements, and other appropriate documentation, describing the maintenance
standards and responsibility of the MHOA's for the Open Space Areas within the Property.
. /¿J -S-
Page 5, Item
Meeting Date 11/03/98
Condition No. 83. - (Public Facilities Development Impact Fee). This condition states that the
update of the Public Facilities Financing DIF (PFDIF) shall be approved by Council prior to
approval of the fIrst fInal "B" map. This update will incorporate the Otay Ranch into the PFDIF
program. Staff is currently preparing said update and anticipates bringing the new PFDIF to
Council by early 1999.
FISCAL IMPACT: None to the City. The developer and/or builder has paid all costs associated
with the proposed "B" Map and all Agreements associated therewith.
Attachments:
Attachment 1: Minutes of 6/3/97 (Resolutioo No. 18686) ---1- NOT SCAJ
Attachment 2: Minutes of July 14, 1998 (Resolution Nos. 19079 & 19080) NNJ:D
Attachment 3: Final map - Unit 1
Attachment 4: Final map - Unit 4
Attachment 5: Tentative Map Conditions of Approval
Attachment 6: Developer's Disclosure Statement
H:\HOME\ENGINEER\LANDDEV\OT A YRNCH\113Ul&4.LEC
October 28. 1998
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DOC, NO, 1997-0443746 HEC, - 9-12-97
RICK ENGINEERING COMPANY
CIVIL ENGINEERS· SURVEYORS . PLANNERS McMILLIN OTA Y RANCH SPA I
562P FRIARS ROAD. SAN DIEGO PHASE 1, UNIT 1
CA. 92110-2596 PHONE! (619) 291-0101 CITY OF CHUlA VISTA, CAUFORNIA
PROJECT -HlAlBER. 13126 Ie) -7 ' C.v.r. 97-02
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RICK ENGINEERING COMPANY
.:ML ENGIhCCl'G:t-SURVEYORS' PLANNERS McMILLIN OTA Y RANCH SPA I
5620 FRIARS ROAD. SAN DIEGO PHASE 1, UNIT 4
CA. 92J1D-2596 PHONEJ (619) 291-0707 CITY OF CHULA VISTA. CAUFORNLA
PRO.IECT NLIoABER. 13126 If) -t C. v. T. 97-D2
DATE. OCTOBER 15, 1998
ATTACHMENT ,&
CITY OF CHULA VISTA DISCWSURE STATEMENT
You are requ.ireà to ñ1e a Stat~ at Di&clolUJ"e of c:erum owuersiUp or 1ÎDanCJAi ÍD1ere&t£. paymmu.¡. or c.&m;JalgD.
camriroDoDs on all".,... wilià1 will ~ di5creaaDIIry IICDDD on the pout or the City Coun::il. P1annmg COmmlll"m.
and all other officØ.i bociiøo. The iollowing infoIIDIWon muat be åiscl06ed:
.. Ü&t the __ of all pen"'" having a ñnan::ul iDr.ereot m me '" UPW' [i which is the suDject or the awiicarion
or the r~. e.g., owner. 2qI ili...... Comracoor, 1ØÌX:<>OttIICIO. mueriai supplier. ere.
~~M1~~~~ n~~v B~~r.~ ;-""('
" If my perac>I1" idomified pwauam to (1) above is a corporarion or pannership, lilt the """"'" of all ioóiviàuaIa
oWDiDg IIIØœ tbø.10% oime ahuea in me corpormon or oWDiDg any pummahip inœreat in the pumenhip.
1'lcMillèn Comnanies. LLC (50%)
Merced Partners L~mited
Partnershin (50%)
3. Ifmy~ .1.....¡;,.¡ puraœø II> (1) above. a.-.,....f.L err"";"" or a truat. lilt me """"'" of my pm.-
serving .. .¡¡....,... of the nan-profit orgom~';"" or II uuatee or beomciary or ttuatOr of the tmat.
4. Have you _ ......, !ban $250 worIh of ....ø.-. _,",owl with any ~ of the City øif. Bomda,
r......· . ..., r__, and COIIIIcil within !be put twelveJllOlllhs? Y,,"- NoL If yea, pieue Wv!v.....
pencm(1):
5. P\eue idoaify -=h mxi evr:ry penou. ;""Indmg apD. ompiayeea, ccmsuhant.&, or ;",¡~- CoDIracIon wbo
you have -;~ to reprea_ you before !be City in this DI8Øer.
::'2.i~ ?ukuvama ::"'n:;:1; l Rnk"h:::""'';
Bob Ple:'tcher K:!.m Elliott
Garv r-i nt"Î
6. Have youmxilcryaur officers or agezllS, in !be agrepIe. CODIribuIed more !ban Sl,OOO to a C~"",;¡ ~ "-.,
in. the ~ or preceding eiec:Iinn period? y_ No_ If yea, - whià1. Coomcil .. " [r(a):
a * a (NOTE: Attach aaa
Date: lO/15/98
P!'esident
\
. b:rs.œ. is dejineii as: :4ny inÆviDMai. firm. ~pannenhip. joint venmre. associmion. sociD1 cbIb, jrœemoJ
orgcmizDziDn. C01pOraØon. esrau. mISI, receiver, syntiicaze. this and any lJtMT counzy, ci:y, or cOllTlZTy. ciry
1TIIITIicipoiiI. Æstrict. or other po/izi=l subdivision, or any other gTOUD or combinDrion acting as a unit.
H:\HOMEIENGJNEEi.\lANDDEVIFORMSIDISCLOSE.FRM
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RESOLUTION NO.~
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
cHULA VISTA APPROVING FINAL "B" MAPS FOR CHULA
VISTA TRACT NO. 97-02, MCMILLIN OTAY RANCH SPA
ONE, PHASE 1, UNITS 1 AND 4, ACCEPTING ON
BEHALF OF THE PUBLIC THE PUBLIC STREETS
GRANTED ON SAID MAPS WITHIN SAID SUBDIVISIONS,
ACCEPTING ON BEHALF OF THE CITY OF cHULA VISTA
THE EASEMENTS GRANTED ON SAID MAPS WITHIN SAID
SUBDIVISIONS, ACKNOWLEDGING ON BEHALF OF THE
PUBLIC THE IRREVOCABLE OFFER OF GRANT OF FEE
INTEREST OF LOTS FOR OPEN SPACE AND OTHER
PUBLIC PURPOSES ON SAID MAPS WITHIN SAID
SUBDIVISIONS AND APPROVING SUBDIVISION
IMPROVEMENT AGREEMENT FOR THE COMPLETION OF
IMPROVEMENTS REQUIRED BY SAID SUBDIVISIONS AND
AUTHORIZING THE MAYOR TO EXECUTE SAID
AGREEMENTS
NOW, THEREFORE, BE IT RESOLVED that the City Council of
the City of chula vista hereby finds that certain map survey
entitled chula vista Tract 97-02, McMillin Otay Ranch SPA I, Phase
I, unit 1 and more particularly described as follows:
Lot 1 of chula vista Tract 97-02, McMillin
Otay Ranch, SPA I, Phase I, in the County of
San Diego, State of California, according to
Map thereof No. 13605, filed in the office of
the County Recorder of San Diego County on
July 28, 1998.
Area: 36.642 Acres No. of lots: 123
Numbered lots: 120 Lettered lots: 3
is made in the manner and form prescribed by law and conforms to
the surrounding surveys; and that said map and subdivision of land
shown thereon is hereby approved and accepted.
BE IT FURTHER RESOLVED, said Council hereby accepts on
behalf of the public the public streets to-wit: coolsprings Court,
Quailsprings Court, Montana Road, Bellena Avenue, Bellena Court,
Colusa Street, santa Delphina Avenue and Pacifica Avenue, all as
shown on this map within this subdivision, and said streets are
hereby declared to be public streets and dedicated to the public
use.
BE IT FURTHER RESOLVED that said Council hereby
acknowledges on behalf of the city of chula vista the Irrevocable
Offer of a Grant of Fee interests of Lots A, B, and C for open
space and other public purposes, all as shown on this map within
1
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- -- - -------~-~~--_._-_......._.__..__._._...._-_._-"~-"---
this sUbdivision, noting that Section 7050 of the Government Code
of the State of California provides that an offer of a Grant shall
remain open and subject to future acceptance by the City.
BE IT FURTHER RESOLVED that said Council hereby accepts
on behalf of the public the assignable and irrevocable Public
Utility and Access Easements, all as shown on said map within this
subdivision.
BE IT FURTHER RESOLVED that said City Council hereby
accepts the pedestrian access easement over, upon and across
certain connector trails, all as shown on said map within said
subdivision.
BE IT FURTHER RESOLVED that said City Council hereby
accepts the sewer and drainage easement over a portion of Lot "B",
all as shown on said map within said subdivision.
BE IT FURTHER RESOLVED that said city Council hereby
accepts the street tree easement, all as shown on said map within
this subdivision.
BE IT FURTHER RESOLVED that said City Council hereby
accepts the emergency access easement over Lot "A", all as shown on
said map within said subdivision.
BE IT FURTHER RESOLVED that the City Clerk of the City of
Chula vista be and is hereby authorized and directed to endorse
upon said map the action of said Council; that said Council has
approved said subdivision map, and that said public streets are
accepted on behalf of the public as therefore stated and that the
Irrevocable Offer of Dedication of the fee interest of said lots be
acknowledged and that those certain Assignable and Irrevocable
General utility and Access Easements, and that said pedestrian
access easement, said sewer and drainage easement, said street tree
easement and said emergency access easement, as granted hereon and
shown on said map within this subdivision are accepted on behalf of
the City of chula vista as hereinbefore stated.
BE IT FURTHER RESOLVED that the City Clerk is hereby
directed to transmit said map to the Clerk of the Board of
Supervisors of the County of San Diego.
BE IT FURTHER RESOLVED that certain Subdivision
Improvement Agreement dated the ____ day of October, 1998, for the
completion of improvements in said subdivision, a copy of W~Ch ~
on file in the office of the city Clerk as Document No .(QÒ'1 ' ~ ~
is hereby approved.
NOW, THEREFORE, BE IT RESOLVED that the City Council of
the City of chula vista hereby finds that certain map survey
entitled chula Vista Tract 97-02, McMillin Otay Ranch SPA I, Phase
2
)¿J/Î r-:2-
__ ______.._____..._ ~ - __ ____..____n_ _ ________"_________.._____...____"_.._
I, unit 4 and more particularly described as follows:
Lot 4 of Chula vista Tract 97 - 02, McMillin
Otay Ranch, SPA I, Phase I, in the County of
San Diego, State of California, according to
Map thereof No. 13605, filed in the office of
the County Recorder of San Diego County on
July 28, 1998.
Area: 20.178 acres No. of lots: 90
Numbered lots: 87 Let tered lots: 3
is made in the manner and form prescribed by law and conforms to
the surrounding surveys; and that said map and subdivision of land
shown thereon is hereby approved and accepted.
BE IT FURTHER RESOLVED, said Council hereby accepts on
behalf of the public the public streets to-wit: strawberry Valley
Drive, Briddlevale Road, Ravenrock Court, Fawntail Court, Elk Run
Place, Covey Place and a portion of Bouquet Canyon Road, all as
shown on this map within this subdivision, and said streets are
hereby declared to be public streets and dedicated to the public
use.
BE IT FURTHER RESOLVED that said Council hereby
acknowledges on behalf of the City of chula vista the Irrevocable
Offer of a Grant of Fee interests of Lots A, B, and C for open
space and other public purposes, all as shown on this map within
this sUbdivision, noting that section 7050 of the Government Code
of the State of California provides that an offer of a Grant shall
remain open and subject to future acceptance by the City.
BE IT FURTHER RESOLVED that said Council hereby accepts
on behalf of the public the assignable and irrevocable Public
Utility and Access Easements, all as shown on said map within this
subdivision.
BE IT FURTHER RESOLVED that said city Council hereby
accepts the pedestrian access easement over, upon and across
certain connector trails, all as shown on said map within said
subdivision.
BE IT FURTHER RESOLVED that the city Clerk of the City of
chula Vista be and is hereby authorized and directed to endorse
upon said map the action of said council; that said Council has
approved said subdivision map, and that said public streets are
accepted on behalf of the public as therefore stated and that the
Irrevocable Offer of Dedication of the fee interest of said lots be
acknowledged and that those certain Assignable and Irrevocable
General utility and Access Easements, and that said pedestrian
access easement as granted hereon and shown on said map within this
subdivision are accepted on behalf of the city of Chula vista as
3
/¿J/l"3
.-..- -.-.--., _...,.,._---"._-_.__._~-~---_._--_...._."
hereinbefore stated.
BE IT FURTHER RESOLVED that City Clerk be and she is
hereby directed to transmit said map to the Clerk of the Board of
Supervisors of the County of San Diego.
BE IT FURTHER RESOLVED that certain Subdivision
Improvement Agreement dated the day of October, 1998 for the
completion of improvements in said sUbdivision, a copy t?¿~~Ch is
on file in the office of the city Clerk as Document No. ';?/;?,
is hereby approved.
BE IT FURTHER RESOLVED that the Mayor of the City of
Chula vista is hereby authorized and directed to execute said
Agreements for and on behalf of the city of chula vista.
Presented by Approved as to form by
~ ~ ~P"-
John P. Lippitt , Director of John M. Kaheny, City
Public Works Attorney
h:\hnrnc\lnrraine\"W7<I;'",.fm
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-....--" ^ u____o.___ -~^._..._--~---
RESOLUTION NO. /9 cJ Ii
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING SUPPLEMENTAL SUBDIVISION
IMPROVEMENT AGREEMENT FOR THE FIRST FINAL "B"
MAP FOR UNITS 1AND4 OF TRACT NUMBER 97-02,
MCMILLIN OTAY RANCH SPA ONE, PHASE 1, AND
AUTHORIZING THE MAYOR TO EXECUTE SAID
AGREEMENT
WHEREAS, the developer for the First Final "B" Map for
McMillin Otay Ranch Spa One, Units 1 and 4 of Tract Number 97-02,
has executed a Supplemental Subdivision Improvement Agreement
(SSIA) in order to satisfy Conditions 1, 3, 4, 6, 7, 16, 17, 21,
22c, 25, 29, 30, 73, 74, 76c, 83, 87, 96a, 96b, 96c, 96d, 96e, 97f,
96g, 97a, 97b, 100, 103, 107, 109, 114, 115, 116, 117, 118 and 123
of Resolution 18686 approving the Tentative Map for Tract 97-02.
NOW, THEREFORE, BE IT RESOLVED the City Council of the
City of Chula vista does hereby approve the Supplemental
Subdivision Improvement Agreement for the First Final "B" Map for
McMillin Otay Ranch, SPA One, Phase 1 requiring developer to comply
with certain unfulfilled conditions of Resolution 18686, a copy of
which is on file on the office of the City Clerk as Document No.
~9~-~/~ -
BE IT FURTHER RESOLVED that the Mayor of the city of
chula vista is hereby authorized and directed to execute said
Agreement for and on behalf of the City of chula Vista.
Presented by Approved as to form by
Lippitt, Director of ~~~~
John P. John M. Kaheny, City
Public Works Attorney
H:\home\lorraine\rs\finalb.ssa
/¿J.!3- / /Jß, 29
--.-..~ " "~-,,--_.._-----.---_.~~-~--_.__..-
~¿{!
ATTACHMENT .....L- June 3. J997
P.<:1ge 3
-----
ORAL COMM1JJ\'TCA TlONS
· Emerald Randolf. 276 Fourth Avenue, Chula Vista, Director of the C.A.S.T. progrdm. announoed that
on June 25, they will be having a CAST Chula Vista Day at the new White Canyon Water Park. She Slated that
speciaJ coupons worth $5.00 were available. It was their major fund raiser for the year; they will get a peroen"'ge
ofwbat the Water Park will get for the day.
· Mary Quartiano, 4080 Hanoock Stn:et, No 4311, San Diego, 92] ] 0, representing the Revolting Grandmas.
f"..q=ed that the City Council pass a resolution io support of deployiog the Ca]ifornia National Guard troops along
the border regions of San Diego County and send it 10 Govè:mor Vlilson.
· Muriel Watson, 3120 Anderson Street, Bonita, 9] 902, Founder of Light Up the Border. SlBted that tbere
are a Dumber of &milies of Border Patrol Agents who aTe now under great jeopardy as .a result of intelligence
~ forward that Border Patrol AgenLc; 3Tè now primr target!' for the drug smug~Jer.s. She urged Counci] to come
up with a resolution that will matcb those hy other cities.
PUBLIC HEARINGS AND RELATED RESOLUTIONS AND ORDI!\'ANCES
9.A. PUBLIC HEARING PCM 97·20: CONSIDERATIO!'\ OF A'\ AMENmfE!\, TO THE OTAY
RANCH SPA ONE PLAN ON PROPERTY GENERALLY LOCATED ON ],110 ACRES SOL,H OF
TELEGRAPH C~~ON ROAD BETWEEN 'PASEO RANCHERO AI'.'D THE FUTURE SR-125
- ALIGNMENT - McMillin has submined an amendment and tentative map for the portion of SP A One owned hy
WCLF to subdivide 290 acres creating 1.877 residential units in Villages One and Five. The SPA Amendment
P'opOSCS deleting Pedestrian Park P-5 and Santa Delphina Avenue as a promendate street in Neighhorhood R·1 ]
of Village One. Staff recommends approval of the resolutions. (Director of Planning)
RESOLurJON 18685 ADOPTING THE THIRD ADDEI'.'DUM TO THE FL"'AL SECOND-TIER
EJ\....'lRONMEI'.,AL IMPACT REPORT (FEIR 95-0]) FOR THE OTAY RANCH SECTION PLANNING
AREA (SPA) ONE PLAN AI'.'D APPROVING AN A~fEND~fEI'.' PCM 97-20 TO THE OT A Y RANCH
SECTIONAL PLANNING AREA (SPA) ONE PLAN, IMPOSING COl'.'DITIONS ON WHICH INCLUDES
THE OVERALL DESIGN PLAN, VILLAGE DESIGN PLi\N, PUBLIC FACILITIES FINANCING PLAN
AND SUPPORTING DOCUMENTS, PARKS, RECREATJON, OPEN SPACE AND TRAn..s PLAN,
REGIONAL FACILITIES REPORT. PHASE 2 RESOURCE MANAGEMEI'.' PLAN AND SUPPORTING
PLANS. NON-RENEWABLE ENERGY CONSERVATION PLAN, RANCH-WIDE AFFORDABLE
HOUSING PLAN, SPA ONE AFFORDABLE HOUSING PLAN AND THE GEOTECHNJCAL
RECONNAISSANCE REPORT
B. PUBLIC HEARING PeS 97-02: CONSIDERA nON OF A TEl'., A TIVE SUBDlVISJON MAP FOR
290 ACRES OF THE OTAY RANCH SPA ONE. TRACT 97-02, GE!\'ERALLY LOCATED OFF THE
SOUTHERN Ð.'TENSION OF OTA Y LAh.'ES ROAD SOUTH OF TELEGRAPH CANYON ROAD
RESOLUTION ]8686 ADOPTING THE THIRD ADDEI'.'DUM TO THE FL"'AL
EJ\"'\IIRONMENTAL IMPACT REPORT FEIR 95-01 (SCH 1195021012) AND APPROVING A TEI'.'ATIVE
SUBDIVISION MAP FOR PORTIONS OF THE OT A Y RANCH SPA 01'.0£, TRACT 97-02, AI'.'D MAKING
NECESSARY FINDINGS 1
Councilmember Moot stated he needed to eXcuse himself bocalLse this involved McMillin. and they were clients of
his company.
Rick RosaJer, Senior Planner. presented the staff report and stated that the application hy McMillin has h""n
reviewed by staff and the Plannin.g Commission anù i~ ra:ommt:nòccJ for approva1. Th~ application ha~ hlXn founò
consistent with the SPA Plan except for tht: two amt:nùmt:nts which aft: proposdl. Th" tt:ntativl:: map propo!':::s 527
I
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JUDe 3, 1997
Page 4
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single family residential lots, 1350 multi family units in the Village 5 core with a 10 aore elemenlary sO¡IOol, 15
a..-res for parks, 3.3 acres of commercial land uses, and 8 acres for Community Purpose Faoilities.
CoUDcilmember Rindone stated that if SDG&E was proposing to put their utility box under the sidewalk and it
would necessitate an easement b-..hind that for access, wby would it not be proposed to rn, at tbe other end of the
sidewalk so that the easement would be the parkway.
Cliff Swanson. City Engineer, stated that the existing condition, the w~y the utilities aT:: put in the tTt:nches right
DOW, you wiII see on tbe outer edge under the monolithic sidewalk, is tht: utili,)' tr¡;::nch. Tnal is where the electrical
and cable TV go. Then they have the transformer pedeslals behind the sidewalk hut still within the street right-of.
way. In DOrmal situations. they also have a street tree èaSèment theœ. On thi$; particular prqject, the utilities wilI
still be in the tren::b under tbe sidewalk. SDG&E is concerned about putting the transformer box within the
pari~y because of the proximity to the traffic and the damage that would he dont: .if,j: car were (0 hit it. That is
why SDG&E wants a specific easement behind it. The transformers would he: pUI in plaCt: with walls around it.
so that the property owners would recognize it. and it could shaTt~ that common trench with the other utilities and
the east:ment for the street trees.
This being the time and place as adve:rtised. the: puhlic hearin£ was op::::ned. ..o\ddrc:ssin,;; Counci] wt:rt::
. Pat Barnes. representing SDG&E, stat~ that in some: situations they have: unù:::rgroundd1 in tht: ba.:k. For
access, they prefer it to be out in the fnmchisèÙ position in the: Cit)' right-of-way. That way th::::y do not have (0
go through peoples' yards to service the utilitit:s. ]n this particular siùe:waJk configur.dtion. tht: prohl::m that SDG&E ~
is having with it is that it is pushíng them out of their fnmchisr position onto privat~ prop.:r1)' r~uiring them to get
an easement £Tom the property owners, which in som:: cas~, when it com::::..:; to s::rvicing and maintaining their
package, whi::b is under the sidewalk, the)' go into the ground (they do not tear up the sidewalk) behind it and go
underneath. That is when tbey would he digging into a private prop::rt)' ov..'Oer·s yard.
Cit)· Council considered the following issut:S:
. Pedestrian Park P-5: should it be deleted from Nei.hhorhood R'I 1 in the SPA One Plan?
Mr. RosaJer stated that the issues involvèd in the: pr0.icct focu~ Ón the: elimination of Pt:Ù::strian Park P-5. Concerns
by McMillin are that they felt in Neighhorhood R-I I that the. lot siu., were sufficieot to provide for the private
recreational needs of the neighborhood. In addition. there were nei.hborhood parks in P-J and P·2 in this
neighborhood to satisfy tbe Park Plan requirements of the SPA. Park P·5 i.' a .S acre park. McMillin's proposal
was to eliminate the park but maintain the pedestrian connc:ction through to the: n:gional tï.diJ access. In Village
Developmenfs proposal, they included the small pedt:.c;trian parks to meet the: private: n::cn:ational nt:t:e.\s of the
neighborhood. Jf the Council agrees with the applicant. theo Council should adopt the amendment. If Council
wants to see the Pedestrian Park in the neighborhood. then Council should den)' the amendment and direct that a
Pedestrian Park be included io [he tenlative map.
Council member Salas asked the following questions: (I) What was the relationship between Park P·5 and P-6.3.
(2) Jf we wanted to retain Park P·5, would it he a public park and would it rn, ITUtinlained by a hom""wners
association or would it be maintained hy an opc:n space: di~trict. (3) Wr;re: there: any physical harrir;rs or rr;strictions
between Village Development and West Coast Land Fund properties which would impede [be ability of p""ple being
able to utilize the parks. (4) What percentage of credit would you be assi.nin. West Coast Land Fund or whomever
the next property owner would be if we voted to retain Park P·5.
Mr. Rosaler responded that P-6.3 was in Villa.e 5. Neighhorhood R·¡ I is in Villa.e I. McMillin is going to put
in their portion of P-6.3 and the Pasco which COmes down to the village core. In Villa.e 5. there is a 10 acre park
(p-6); there is a !. 7 acre park (p·8) which is the Town Square Park; and there is a 5 acre park (P-7). These are
;¿ the public parks. Park P-5 wouJd be a punJic park that would he: maintaint:d hy an Opt:.n Space: Maintenance
District. Since there are private streets in VilJage: D¡;:vdopm::nt"s portion of tht: prc!icct and thert: are puhlic stret:.ts
in Neighborhood R-l1, thert: is no strt:èt accc.% ,goin,;; throu~h. How~\'c:r. thert: i~ an t:mer!.'cnc\, aCCeSS that is also
Minutes
June 3. 1997
Page 5
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required to be a ¡>'"..destriao access between R·]O and-R-l J. With th~ Pod~strian Parks. thor~ would b" some
restriction since they are private parks and would b~ owned and maintainlOd by th~ r~sid~nt' of those neighborhoods.
AI; far as park credits, we do not know at this time because th~ small park crit~ria hasn't b-..èn d~vdopod. If they
came in with a proposal similar to Village Development's, staff would prohabJy he recomm:::miing 50% b-'-....cause it
has all of the facilities which are requirod by the SPA 1 Parks Plan. The do\'dopm~nt of that crileria is on th" work
agendA for the Parks and Recreation Department in the cormng yar.
· HoJ1ywood Driveways: should the n~quÎrèd numher of Hollywood driveways he rèduced?
Mr. Rosaler stated that a Hollywood Driveway in the SPA Plan is a plan that requires an "L" shaped home with
the garage pushed to the back of the unit. 1n some cases, th.:r::: i!; a landscap~ strip in th:: middle of the drive or
it can be other decomtive material. McMillin was concernod about tho mark~tability of these types of units and
proposed alternative language to what is in the existing SPA. Staff is concernlOd and has addressed the marketability
issue by indicating that the Planning Dir~tor. if they can provide .:viò::nct: that those typ::!; of units are not
marketabJe, has the ability to waive the requirement and replace it with another d;:si"gn thaI Îs consist;:nt with the
village design plan.
· Parh"'Wa,'s: should n:sid::ntial strt:êts with parkways h:: used in th::: aprlican¡'s rrsio:::ntial nei~hhorhoods?
Mr. Rosaler 5tat:::il that .a R:::sidcntial Street S::.ction A i!; ¡,¡, str:::d with parkways. McMillin has indicalcd to staff
that the Residential Stree.t Section A is acct:ptahlc: to thc:m as ion,g as th:: Indi\'idual homeown:::r maintains the
parkway, and there is not a mastcr homeov.m:::rs association.
.
· Park"WaV Streetc;: should a master homeowners association h~ required to maintain the op:::n space and
Jandscaping?
Mr. Rosaler stated that the Engineering D:::partmenl hdi:::v~ that all th::: parkways. major slopes. and the additional
landscaping that is in the SPA Plan should be maintain~ hy the homeowners. The conditions of approval have heen
pTepared to provide flexibility to aJlow Council to provide staff direction. \\'hat:::ver direction is provided when the
Open Space Maintenance District is formt:d, staff will en~ure that those: facilities are included either in a
Homeowners Association or in the Open Space Mainte:nance Di!;tric1.
CounciJmember Rindone asked why would Council want to include the podestrian parkway in with the Homeowners
Association or the Community Facilities District. \\'hy nol leav::: it to he: the re:sponsihilit)' of the hom~wner.
Mr. Rosaler stated that would be acceptablè to staff. The Plannin£ Commission was concerned ahout common
maintenance of it; that there be uniform maint:::nanct:: of the parkways throughout the ne:Îghhorhood. If thert: was
common maintenance that would insun:: a he:ttr::r quality of pedestrian environmt:n1.
Mayor Horton expn:ssed that she had a concern with thi!o' and th¡,¡,t tht: Planning Commission's recommendation Wa!;
most prudent. Not all homeowners treat their I~wns equ:tI. Tht: purpose: of ha\'in~ these promenades i!' to crt:ak
a nicer ambience for the communit)'. The only way we: will have: an assurance: in uoin:- that is to include it in the:
common maintenance..
This being the time and place as advertisod. the public h,,"rin~ was "penod. Addressing Council were::
· Craig Fukuyama. 2727 Hover Avenue, National Cit),. reprèsentin~ McMillin Compani:::s. He stated that
there was an articJe in the paper which question~ thc:ir intent and commitmc:nl to the Plan. He wantèd to present
for the record a Jis! of the documents that govern the desi~n of the Project and that the)' were in compliance of each
and everyone.. They do have four issues which are very minor in nature, and the integ-rit), of the Plan is still in
place; they are consistent with the Gc:nerdl Plan. the: GDP. and the o\'t:ntll Dt:sign Plan. He: wanted to assure
CounciJ that they were committod to these Plans. He: addressed the four issues:
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Minutes
June 3. 1997
P~£t 6 -
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Pedestrian Park P·S: He statèd that they supportèd staffs recommentlation as well as that of the Parks
and Recreation Commission which is recommc:nding th~ dimination of this park. The rotal numrer of units
will not increase with the elimination of the park. One of the reasons for the elimination of the park was
really driven by the maintenance issue. Staff is recommending that there he an Open space Maintenance
District formed for the maintenance of the park. Utilizing an OSMD for th:: maintenance creates a
dilemma whicb staff bas not fully addressed. If only this neighhorhootl were to he assessed ror tbe
maintenance for this park, tbere would be a feeling of exclusivity and [he desire to preclude anyone else
from accessing that park if they had the mainlenance responsihilities. If an OSMD were used that woultl
be collected from the entire deve10pment. there would h~ a disagroemênt as to th::: access. the ability to
walk to. and wouJd create a problem in the collection of the fee: on th~ entire prqi::.=t. 1t crc:ates an inequity
that may create a problem in the future. They believèd that if the park was tleterminèd to he an essential
part of the Plan and is to be accessihle to all residents. it shoultl be a puhlic park. It shoultl be owned by
the public and funded by the puhlic.
Hollywood Driveways: The Hollywood driwway concept woultl apply only to tbe one neighborhood, R-
1J. The Hollywood driveways have nol been recently used in the marke[place. and they were reluctant
to accept an absolute requirement for 30 %. Their prd'Grence was to It::t the market dictate the fina]
percentages. Rather than a prescriptive minimum of 309c. they would initially construct one modèl home
which would ~ one of four. which would h~ 25 fc usin~ th~ 30 foot sdhack and In::: Hollywood driveway
cone-Ï't and then determine the marketplace prefer::nc:::s. If tht: hous~ was .air:::aùy huilt, then th~re would
Dot be a removal of that hOUSè, so they would nol he: ahlr to ah.anùon thai typt:: of producI; it would stilJ
be thère. but would ~ plotlèd at a lèssèT rerCènta~C. Thè)' would prdi::T to aùapt quickly hy marketplace -
demands as opposèd 10 bein,g hurù::ned with a cumhcrsom::: am! lèn~thy process of comjn~ hack to the: City
to adjust to tbe market preft:rt:nct:s.
Parl(way Streets: It was their intent 10 rc."..pect the wîsh~ of sIaff and constru~1 the parkway H...<;; type A
Streets throughout the project. However. j¡ was tht:Îr pnderencè not to have a Homt:OWJ1ers Association
or an Open Space Maintenance District funding the maintenance of thos:: parkways. It would be their
preference to utilize CC&Rs which [h. City has the ability but not tbe ohli~ation [0 enforce that would
provide instructions for every homoownèr a.'- to tht: maintenanc:: ohligations and rèsponsihilities.
Master Homeowners Association: They preferred [0 form the continued USe of tbe OSMD. Their
experience indicates that some home hUj'ers pTèft:r 11(H to h.av:: an HOA. They have no private facilities
which n=itate the fonnation of an HOA.
Mayor Horton asked if the model that McMillin wOllltl he hllildin~ with the Hollywootl tlriveways was more
expensive than the otbers being proposèd.
Mr. FuI(uyama respondèd that they did not know yet. ] t was too ncw to know. They have constructed a
comparable type product in one of their other projects. They believe it will he acceptahle anti preferable. They
don't want to be tied to that in this market ph:lct: nol knowing what tht: market prt:ferenc::s will he.
Councilmember Rindone asked for a clarification of Ih~ comm~nt thai he wa.... wîJlin~ IU huild Type A Streets
throughout. But Type A Streets are only in two of the nei;!hhorhom!s. \Va.... that what he: meant?
Mr. FUk"U)'ama responded that they have reconsideTt:tI their position. .anù tht:y éHt: committing to doin;; all Type A
Streets.
Mayor Horton closed the public hearing.
1 Mayor Horton stated thai w. have s<v.T'd1 planned communilies in the Eastern parts of Chula Vista. It was her
unde=ding that the developers in thos< cases have prell)' much hatl tbe opportunity to select which way they
would nther go - an assessment district or HOA.
Mmutos
June 3, 1997
Pa~e 7
~
Mr. Rosaler staled that in the pasl, McMillin in Rancho del Rey has proposed OSMD; EaslLake has proposed HOA.
Village DeveJopment's portion ofViJlage One and Fivo-was proposed to he maintained by OSMD, but wben they
went to the guarded entran=. then everything became private so they had to have the H OA. So, there has been
a IDIX.
Assistant City Attorney, Anne Moore, stated that what they negotiated with Sunbow is that they have the option of
deciding whether or not they want to fonn a CFD or an HOA. The developer has indicated that they want to fonn
a CFD. They are proposing the same: thing with Salt Creek which is giving them an option of doing a CFD or an
BOA. It was her understanding that Salt Cr""k preferred an HOA. The way they have structured the agreement
with Sunbow and Salt Creek is that they have the option of deciding one or the other. If they decide they want to
do a CFD that would be subject to Council's approval. If Council decides that they don'l want to do a CFD then
they would have to form an HOA. Since that is a fmuTe legislative action. staff cannot guanmtt:e that a CFD would
be approved by the CounciL
Mayor Borton stated thai it would be her recommendation in this situation thai McMillin should have the option
of going forward with their preference. She had a conCern anont the maint~anct: of the parkwdYs. It is easy to
sa.)' that all the homeowners will make SUfe tbi~ is a wdJ maintainèd aTt:ét through the CC&Rs. hut that is
cumbeŒome. Personally. she agrd with the Planning Commission to have this includc:c.J in a type of assessment
district. She also fej[ tbe concerns of SDG&E should he addressed.
Coun::ilmember Rjndone statl:d he had major conct:ms aoout the: dimination of Pt:Ò::strian Park P-5. H~ woulcllike
to see this retained bt:caust: the concept thai Council has liihor~ oVt:r was to maintain the Villag~ concept wÎth
access to public parks. He was supportiv~ of evc:rythin.£ C:XCc:pl thl: dimÎmuion of tht: park.
Councilmember Salas stated that this has been a point of disa~r""ment berw""n staff and the developer of Village
One, but she felt that when Village One was proposing these small residenlial parks. it wa.< h-..cause their idea of
what would be neo-t",ditional and staff felt that it would take away from that. She fej[ that this does retain the sense
of community more than the elimination of the park would do. She was willing to give: th~ applicant their request
and not put an imposition on them on making a 30% rc:quirement on the Hollywood driveways in return for the
retention of Park P-5.
Motion on HoIhwood Drivewavs:
MSC (HortonlPadilla) to adopt for first readin¡: an amendn;ent to the PC District Re::ulations in regard., to
Hollywood Driveways in the langua¡!e set forth in the staff's report that mirrors McMillin's proposal. Motion
approved 4-0-0-1 (Moot abstaining).
Motion on Parh."",'2v Maintenance:
MSC (PadillalHorton) to provide direction on the «sue of maintenance ror parkwa)'s through a Community
Faålit)' District consistent with the recommendation of the Planllin~ Commis.<ioll. Motion approved 4-0-0-1
(Moot abstaining).
Motion on Pedestrian Park P-5:
MSC (PadillalHorton) to retain Pedestrian Park p.:; and lea\"e the mainten:mce up to the de"eloper to decide
how they wanted to maintain the park either with a" HOA or a CFD. Motion approved 4-0-0-1 (Moot
abstaining).
RESOLUTIONS 18685, 18686, AND ORDINANCE 2709 OFFERED BY MA YOR HORTON AS AMENDED,
titles read, texts waived.
Councilmember Rindone stated he had concerns with the zero lot line product. He thought thai this was not
finalized and wou1d have a chance for anoth~r r~\'ie:w. Since: Ihi~ was.l:l. n~w product. he w4inh::d to he assur~ that
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Minut::s
Jun. 3. 1997
Fa.rt 8
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tho increased density would not dissipate the henetit, ol'the community; he would like to r"'Juest that this como hack
to Council for review at a later time. He asked if the maker of the molion would include this as a friendly
am=ndment for the R-22 neighborhood, uro Jot Iin~ issue.
Mayor Horton stated she did not see a need for il. hut she would support th< r"'Jues!. Sh< stated that we d,d have
z....,.o lot line products which have been approved in Rancho del Rey and in East Lab,.
Mr. Fukuyama stated that this panicular product i!' h~in,g huih in Rancho ùd R~)' cllrr~ntly and is hein~ marketed
as Pasatiempo which is heing built hy UDC Homes. It was approved when the map was hefore Council. What
staff Îs recommending is that with the plotting and some of the individual on-strcc:t parking aspc:ct!.; thai stäff expects
without a product currently designed for it, the pläcement of the product will nc:.cc:ssilah:: those lots to fluctuate in
size. thereby likely reducing the numher of the lots and the sethacks. That is typically don< throu¡;h the City's
d~igD review process and the fmal map ~fore ir com;:s hack to Council for approval.
Councilmember Rindone stated he was comfortahle with thi!.; 3!.; long a!.; Council ~t:ts ä chance to look at this for
tbo fmal approval.
VOTE ON MOTION: Passed and approved 4-0·0-1 (Moot ahstainin¡;).
BOARD AND COMMISSION RECOM~1ENDATIONS
None suhmiut:d.
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ACTION ITEMS
10. REPORT PROPOSITION 218 IMPACTS ON OPEN SPACE DISTRICT FORMATION. At tho
11/5/96 general ejection, Proposition 2J8 the "Ri¡;ht To Vote on Taxes Act." was passed hya majority of voters.
This proposition impacts the formation of Opcn Space Districts hy tht: .. 1972 Landscaping & Lighting Act." This
repon discusses the impacts and alternatives 3\'ailahle to the City hast:d on ä study conductt:.d hy Berryman &
Henigar. a consultant with exp::nise in this ärt2. Slaff r¡:::.comm:=nùs Council .aCl:~pl the report and ädopt the policy.
(Dire::tor of Public Works)
Cliff Swanson stated that the new developments have in the past used OSM D to maintain the open space.
Previously it was done under the Land,cape and Li¡;htio¡; Act of J 972. With [he passa¡;e of Propo,ition 2J 8, it
presented problems to the continued use of that Act. The two si,gnificant issues with the 1972 Act and Proposition
218 are the questions of special benetit and that the City would have to pay ¡Òr any ~eneral henetit. Se::ondl)' that
the assessments would have to be levied on puhlicly owned property. This report recommends that no more OSMD
be fonned under Ibe 1972 Act. Instead, the report re::ommends that the Council express a preference for HOA to
maintaio Ibe open space district, but that the City maintain throu¡;h an of>l'n space Iyf't' district the medians.
Recognizing that some developers do not wanl an HOA. staff T~omme:nùs thai We work with th~ devdopers to use
a CFD based open space district for the of't'n space. La~tly. staff recomm~nùs thaI CFDs are form~ for
maintenance of the medians.
MSUC (Horton/Moot) to appro"t sr..fl', rt:Cllmmend..tilln III accept the repllrt ..lid ..dopt the polk)'.
ITEMS PULLED FROM THE CONSE1\'T CALENDAR
(No items Were pulled)
OTHER BUSINESS
11. CITY MANAGER'S REPORTCS)
a. The next budget workshop wa.o;; scht:dult:d for \\It:.dn~~ùay, June 4, 1997.
&,
. ;:TTACHMENT 2
.
MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL
(1 OF THE CITY OF CHULA VISTA
Tuesday, July 14, 199B Council Chambers
6:02 p.m. - Public Services Building
CALL TO ORDER
1- ROLL CALL:
PRESENT: Councilmembers: Moot, Padilla, Rindone, Salas, and
Mayor Horton.
ABSENT: Counci1members: None
ALSO PRESENT: City Manager, David D. Rowlands; City Attorney, John
M. Kaheny; Deputy City Clerk, Charline Long; and
Aclministrati ve Secretary, Carla Griff.in.
I 2. PLEDGE OF ALLEGIANCE TO THE FI.J\G. MOMENT 01" SILENCE
¡ 3. .June 16, 199B.
i APPROVAL 01" MINUTES:
!( J MSUC (RindonejMoot) to approve the June 16 minutes.
! 4. SPECIAL ORDERS 01" THE DAY:
A. Oath of Office: Cultural Arts Commission - Hector C. Molina. Deputy
City Clerk Long administered the oath of office.
B. Proclamation commending Sweetwater Union High Scbool District~.s South
Bay Gain Employability Center. Mayor Horton presented the proclamation to Dr.
Tom Teague and Melinda Templeton.
C. Proclamation expressing congratulations to the Chula Vista Woman·s Club
upon the occasion of its eighty-fifth anniversary. Mayor Horton presented the
proclamation to Helen Stokes, President, and four members of the Chula Vista
Woman's Club.
D. Presentation of an award fro. the U.s. Department of Housing and Urban
Development to the City as the winner of the John J. Gunther BUD Blue Ribbon
Best Practices in Housing Community Development Award. Mayor Horton presented
the award to Chris Salomone, Director of Community Development, and David
Palmer, Library Director.
CONSENT CALENDAR
I (Item pulled: 11)
i\,¡ BALANCE 01" TIlE CONSENT CALENDAR OFFERED BY MAYOR BORTON. headiDgsread, texts
waived, passed and approved unanimously 5-0, except for Items No. 1GA and 1GB.
with COuncil.ember Moot abstaining, and Item No. 11 which was pulled.
~~-";þj~~.. 7 -
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·~:~-~_î":':·
~i-nutes
Jtily 14, 1998
Page 4
12. RESOLUTION 19075 APPROVING A MEMORANDUM 01" UNDERSTANDING WI:rII THE SOUTH .
Comr.rr ECONOMIC DEVE:LOPMI!:IIT COUMCIL !"OR COOPERA:rIVE ECONOMIC DEVELOPMEN:r EI"P'OR:t'S
COuncil appropriated funding for the South Sas Diego County Economic Development
COuncil (SCEnC) in fiscal year 1995/96, fiscal year 1997/98, and fiscal year
1998/99. A Memorandum of Dnderstanding [MOD) with SCEDC was approved by Council
for fiscal year 1995/96, fiscal year 1996/97, and fiscal year 1997/98. The MOD
called for coordinated economic development efforts and required quarterly
reports fram SCEDC in exchange for the City contributions. Council appropriated
current year funds with the stipulation of a required renewal of the MOU with
SCEDC. Staff is requesting that Council formally authorized the Mayor to sign
the renewed fiscal year 1998/99 MOD which contains no substantive changes. Staff
recommends approval of the resolution. (Director of Community Development)
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13. RESOL1r.I'ION 19076 ACCEPTING BIDS, AWARDING CONTRACT FOR -DRAINAGE
IMPRDVÐŒJr.rS, SOUTE OP' "G" s:ŒEE:r, WEST OP' SECOND AVENUE AND NOR:œ 01" DEI. MAR
~ III THE CIn (DR-908)" AJI]) A FII1ID :rRAHSP'EIl FROM CAPIXAL IMPROVEME:R:rs PROGRAM
(CIP) PROJECT -DRAINAGE BASIN - E/o SECOND AVENUE, - DR-120 - On ;:June 13, 1998,
bids were received. The work to be done consists of constructing an 8 foot by
4 foot reinforced concrete box culvert 421 linear feet long. Staff recommends
approval of the resolution awarding the contract to Rutledge Joint Venture in the
amount of $186,511.18 and approving a fund transfer from the CIP Project DR-120
in the amount of 523,500. (Director of Public Works)
14. RESOLUTIoN 19077 ACCEPTING BIDS AND AWARDING CONTRAC:I: :ro BHS CONSTRUCTIoN J
!"OR THE l"ISCAL YEAR 1.997/98 :rRAP'FIC SIGNAL LOOP DETE=R REPLACEIŒNT PROGRAM (CIP
No. Xl"252) AND THE :rRAP'FIC SIGHAL IHSTAI.I.A:rION M THE INTERSECTION oP' BROADWAY
AJI]) FLOWER SXREE:r (CIP No. :rF257) - The work to be done will include: (1)
replacing malfunctioning traffic signal loop detectors at various signalized
intersections; and (2) installing a new eight phase traffic signal system at
Broadway and Flower Street. Staf f recommends approval of the resolution.
(Director of Public Works)
15. REsoLUTION 19078 ACCEPTING BIDS AND AWARDING AN INFORMAL BID CONTRACT :ro
MJC CONSXRUC:I:.ION !'DR THE EMERGENCY -S:roRM DRAIJi' REPAIR, SOUTH 01" ORANGE AVENUE,
WESX oP' OLEANDER AVENUE, JUST WESX of THE SEQUoIA S:rREE:r IN:ŒRSEC:I:loN, IN THE
Cln (DR-ltO)" AND APPRoPRIMING I"UNDS :rBERE!"OR - In February 1998, due to the
winter rains, a corrugated metal storm drain pipe collapsed causing a sink hole
to open up on the access road to the drainage channel located south of Orange
Avenue, west of Oleander Avenue, just west of the Sequoia Street intersection.
Staff prepared specifications and requested informal bids from four contractors
to do the work. The work to be done includes trenching, removal of existing
improvements, installation of a 36- inch High Density Polyethylene pipe,
installation of concrete anchor and cutoff walls, protection and restoration of
existing improvements, and other miscellaneous work. Staff recommends approval
of the resolution. . (Director of Public Works) '/5th's vote required.
16A. RESOLUTION 19079 APPROVING THE FINAL "A" MAP FoR TRACT NUMBER 97-02, .
MCMILLIN o:rAY RANCH SPA ONE, PHASE ONE, ACCEPTING ON BEHALF oP' THE CIXY, PUBLIC
STREEXS AJI]) EASE:ME:N:rS GRAJr.rED ON SAID MAP WITHIN SAID SUBDIVISION AND
ACKNOWLEDGING ON "~J\LF 01" XBE PUBLIC XBE IRREVoCABLE OFFERS of DEDICATION 01" FEE t
IN:ŒRESTS 01" LOTS "A- :rIIRoUGH "I" FOR oPEN SPACE FOR PUBLIC PARK PURPoSES AND
APPROVING SUBDIVISIoN IMPROVEMENT AGREEMENX !"OR :rilE COMPLEXIoN oP' IMPROVElCENXS
- -
Minutes
July 14, 1998
Page 5
.. REQUIRED BY SAID SUBDIVISION AND Atr.rBORIZING THE MAYOR TO E:Z:E~ SAID AGIŒEIŒIIT
On June 3, 1997, Council approved the Tentative Subdivision Map for act 97-02,
McMillin Otay Ranch SPA One, Phas!' One. Condition Number IDS of Res ution 18686
stipul tes that the developer may submit and obtain approval of he City of a
master al map ("A" Map) over portions of the Tentative MaE showing "super
block" 1 ~ . The "A" Map is required to show the backbone stre dedications and
utility eas nts required to service the "super block" lots In addition, the
developer is equired to provide security guaranteeing the onstru~tion of said
backbone facil ties. All "super block" lots created are also required to have
access to a de . cated public street. Staff rec nds approval of the
reso1utions.. (D' ctor of Public Works)
B. RESOLUTION 1908 APPROVDfG THE FINAL "A" SUBDIVISION IMPROVEMEIIT
AG"~ AND SUP SUBDInSION IMPR AGIŒEIŒIIT FOR :rRACT 97-02,
HCMn;LIB I7.rAY JUllfc:B SPA , PBASE ONE, AND Atr.rB ZING THE MAYOR TO EXE~ SAID
AG1ŒEMEJIT
. . *
CATIONS
.........
) Council adjourned to Closed Sess'on at 6: p.m. to discuss with legal counsel
anticipated litigation pursuant o Governme Code Section 549.56.9 significant
exposure to litigation to Subd vision B, two ases. Council reconvened at 6:43
p.m. with all members of the ouneil present.
..........
ORDINANCES .--
17. PUBLIC HEARIN OPEN SPACE DISTRICTS 1-9, 11, 14, , 17, 18, 20, 23, 24,
26, 31, 33, BAY OULEVARD , AND TOIoIN CENTRE FOR FISCAl,; YEAR 1998/99 - In
accordance with nicipal Code Section 17.07, the City Engine r prepared reports
on the spread f assessments for the open space districts. The reports were
accepted and e required public hearings were set by Council May 26, 1998.
The first p lic hearing was conducted on June 23, 1998. This item includes
informatio related to the above districts and general informati n related to
Open Spac District 10 and EastLake Maintenance District Numbe 1- Staff
recommen approval of the resolution. (Director of Public Works)
SOLUTION 19081 ORDERING CERTAIN OPEN SPACE AND MAINTENANCE FA
TO BE INTAINED, APPROVING MODIFICATION TO THE ENGINEER' S REPORT AND LEVY G TIlE
ASSESSMENTS FOR FISCAL YEAR 1998/99 OPEN SPACE DISTRICTS 1-9, 11, 14, 15, 17, 18,
20, 23, 24, 26, 31, 33, BAY BOULEVARD AND TOIolN CENTER
W John Lippitt, Director of Public Works, stated that the final hearing to levy
these assessments are within the parameters of last year's assessment, plus CPI
and collection will be equal to or less than the assessment.
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CERTIFICATE OF COMPLIANcE , '8C&J ~ 1·=900'
DOC, No. 1997-0443746 HEC.· 9-12-97
RICK ENGINEERING COMPANY
CIVIL ENGI~ccn;:t.SURVEYORS'PLANNERS McMILLIN OTA Y RANCH SPA I
5629 FRIARS ROAD, SAN DIEGO PHASE 1, UNIT 1
CA. 92110-2596 PHONE. (619) 291-0707 CITY OF CHULA VISTA, CAUFORNIA
PROJECT -...-rR. 13126 /0 - C.v.r. 97~
. DATE. OCTOBER 15, 1998
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RICK ENGINEERING COMPANY
.:ML ENGINlccn;:t"SURYEYORS " PLANNERS McMILLIN OTA Y RANCH SPA I
5620 ~ARS ROAD. SAN mEeo PHASE 1, UNIT 4
CA. 92110-2596 PHOHEI (619) 291-0707 CITY OF CHULA VISTA, CAUFORNIA
PROJECT N\AoÐER. 13126 II C. v. T. 97-/J2
DATE. OCTOBER 15,1998
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, A1TACHMENT 5 Resolution 18686
Page 7
Exhibit A
MCMILLIN
Otay Ranch SPA One
Tentative Subdivision Map PCS 97-02
CONDITIONS OF APPROVAL
Unless otherwise specified or required by law: (a). the conditions and Code
requirements set forth below shall be completed prior to the related final map as
determined by the Directors of Planning, Parks and Recreation and/or the City Engineer;
(b). unless otherwise specified, "dedicate" means grant the appropriate easement,
rather than fee title. Where an easement is required the applicant shall be, required to
provide subordination of any prior lien holders in order to ensure that the City has a first
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 free and clear of all
encumbrances, unless otherwise excused by the City.
The Developer has requested "A" Maps for the first Final Map on the project. An "A"
Map shall be defined as a master subdivision or parcel map, filed in accordance with
the Subdivision Map Act and the Chula Vista Municipal Code, which shows "Super
Block" lots corresponding to the units and phasing or combination of units and phasing
thereof, and which does not contain individual single or multi-family lots or a
subdivision of the multi-family lots shown on the tentative map. Subsequent to the
approval of any "A" Map, the applicant may process the necessary final "B" Maps. A
Final "B" Map is defined as a final subdivision or parcel map, filed in accordance with
the Subdivision Map Act and the Chula Vista Municipal Code, which proposed to
subdivide land into individual single or multi-family lots, or contains a subdivision of the
multi-family lots shown on the tentative map. The "B": Map shall be in substantial
conformance with the related approved final "A" Map.
Should conflicting wording or standards occur between these conditions of approval,
any conflict shall be resolved by the City Manager or designee.
GENERAL/PRELIMINARY
1. Prior to each final applicable map, the Developer will comply with all
requirements and guidelines of the Parks, Recreation, Open Space and Trails Plan,
Public Facilities Financing Plan, Ranch Wide Affordable Housing Plan, Spa One
Affordable Housing Plan, and the Non-Renewable Energy Conservation Plan, unless
specifically modified by the appropriate department head, with the approval of the City
Manager. These plans may be subject to minor modifications by the appropriate
department head, with the approval of the City Manager, however, any material
modifications shall be subject to approval by the City Council.
2. All of the terms, covenants and conditions contained herein shall be binding
upon and inure to the benefit of the heirs, successors, assigns and representatives of
the Developer as to any or all of the Property, For purposes of this document, the term
"Developer" shall also mean "Applicant".
/2
'-
Resolution 18686
Page 8
3. If any of the terms, covenants or conditions contained herein shall fail to occur
or if they are, by their terms, to be implemented and maintained over time, if any of
such conditions fail to be so implemented and maintained according to their terms, the
City shall have the right to revoke or modify all approvals herein granted including
issuance of building permits, deny, or further condition the subsequent approvals that
are derived from the approvals herein granted, institute and prosecute litigation to
compel their compliance with said conditions or seek, damages for their violation. The
applicant shall be notified 10 days in advance prior to any of the above actions being
taken by the City and shall be given the opportunity to remedy any deficiencies
identified by the City.
4. The applicant shall comply with all applicable SPA conditions of approval.
5. Any and all agreements that the applicant is required to enter in hereunder, shall
be in a form approved by the City Attorney.
ENVIRONMENTAL
6. Prior to approval of each final "8" Map, the applicant shall enter into a
supplemental subdivision agreement to implement all applicable mitigation measures
identified in EIR 95-01, the CEQA Findings of Fact for this Project and the Mitigation
Monitoring and Reporting Program.
7. Prior to the approval of each final "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.
8. The Applicant shall comply with any applicable requirements of the California
Department of Fish and Game, the U.S. Department of Fish and Wildlife and the U.S.
Army Corps of Engineers. The applicant shall apply for and receive a take permit from
the appropriate resource agencies or comply with an approved MSCP or other
equivalent 10(a) permit or Section 7 consultation applicable to the property.
DESIGN
g. The secondary emergency access between Neighborhoods R-1 0 and R-11 shall
be surfaced with "grass-crete", "turf-block" or some other comparable material unless
otherwise approved by the Planning Director and Fire Chief. 80llards shall be provided
at the end of the emergency access.
10. In addition to the requirements outlined in the City of Chula Vista Landscape
Manual, privately maintained slopes in excess of 25 feet in height shall be landscaped
and irrigated to_soften their appearance as follows: an equivalent of one 5-gallon or
larger size tree per each 150 square feet of slope area, one 1-gallon or larger size shrub
per each 100 square feet of slope area, and appropriate groundcover. Trees and shrubs
shall be planted in staggered clusters to soften and vary the slope plane. Landscape
and irrigation plans for private slopes shall be reviewed and approved by the Planning
Director prior to approval of the appropriate final map.
/3
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Resolution 18686
Page 9
11. A comprehensive wall plan indicating color, materials, height and location shall
be submitted for review and approval by the Planning Director prior to approval of each
final "8" 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
Telegraph Canyon Road, East Orange Avenue and La Media Road, shall be prepared
prior to submittal of the wall plan indicated above. If such fencing is allowable per the
final acoustical analysis it shall be provided at the end of Applegate Street. View
fencing shall be provided at the ends of all other open cul-de-sacs where a sound wall
is not required.
The exposed portion of any combination free standing/retaining wall as measured from
finish grade shall not exceed 8,5 feet. The applicant shall submit a detail and/or cross
section of the maximum/minimum conditions for all "combination walls" which include
retaining and free standing walls. Said detail shall be included in the grading plans
submitted for review and approval by the Director of Planning prior to the approval of
the first grading permit. The maximum height of all retaining walls shall be 2.5 feet in
height when combined with freestanding walls which are six feet in height. A 2-3 foot
separation shall be provided between free standing and retaining walls where the
combined height would otherwise exceed 8.5 feet.
12. 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,
in accordance with the comprehensive wall plan and subject to approval by the fire
Marshal and the Planning and Parks and Recreation Directors. Where said wall/fencing
is located adjacent to any public park, the wall/fencing, including footing shall be
located wholly within the park and maintained by the City.
13. Should the applicant propose an amendment to the Otay Ranch General
Development Plan to reduce density within the Village Cores at some time in the future,
the provision of alley product shall be analyzed and considered concurrently with said
amendment.
14. Approval of lot widths and the final number of lots in Neighborhood 22 is
subject to building design and product site plan approval by the Planning Department.
A reduction in the number of currently proposed lots may occur prior to approval of
actual building permits for this Neighborhood.
15. Alternative A for Neighborhood R-12 as depicted on the tentative map is the
preferred alternative. The applicant and the adjacent landowner shall make all
reasonable efforts to work together in order to accomplish this alternative. If, after six
months from the effective date of the map, no agreement has been reached, the other
alternate depicted on the map shall be acceptable.
STREETS. RIGHT-Of-WAY AND PUBLIC IMPROVEMENTS
¡if
Resolution 18686
Page 1 0
16. 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 as
determined by the City Engineer, the applicant shall enter into an agreement to
construct and guarantee the construction of all streets shown on the tentative map and
all street improvements as required by the PFFP for each particular phase which could
be a result of the cumulative development within SPA One.
17. Secure in accordance with Section 18.16.220 of the Municipal Code, as
necessary, the construction and/or construct street improvements for all on-site and
off-site streets deemed necessary to provide service to the subject subdivision. Said
improvements may include, but not be limited to, asphalt concrete pavement, base,
concrete curb, gutter and sidewalk, sewer, reclaimed water and water utilities, drainage
facilities, street lights, signs, landscaping, irrigation, fencing, fire hydrants and traffic
signal interconnection conduits and wiring.
Street cross sections shall conform to the cross sections shown on the Tentative Map.
All other design criteria shall comply with the Chula Vista Design Standards, Chula
Vista Street Design Standards, the Chula Vista Subdivision Manual and the City
Landscape Manual current at the time of approval of the appropriate final "B" Map,
unless otherwise conditioned or approved herein. Exhibit A indicates the relationship
between the Otay Ranch SPA One roadway designations and the approved City
designations in the Circulation Element of the General Plan for purposes of determining
the appropriate design standards for all streets within SPA One.
Should the City Engineer deem that the construction of sidewalks along the offsite
portions of East Orange A venue and East Palomar Street west of Paseo Ranchero is not
necessary to provide service to the subject subdivision, their construction may be
delayed.
Unless otherwise approved by the City Engineer, the developer shall provide a cul-de-
sac in accordance with City standards at the end of all proposed street stubs along the
subdivision boundary. The City Engineer may approve the installation of a temporary
turnaround or other acceptable alternative at the end of those streets that might be
extended in the future to provide access to the adjacent property.
18. Include a fully activated traffic signal at the following intersections as part of the
improvement plans associated with the final "B" Map which triggers the installation of
the related street improvements.
a. East Palomar Street and Paseo Ranchero
b. East Palomar Street and La Media Road
c. East Palomar Street and East Orange Avenue
d, East Orange Avenue and Paseo Ranchero
e. East Orange Avenue and La Media Road
Install underground improvements, standards and street lights with the construction of
street improvements, and install mast arms, signal heads and associated equipment as
determined by the City Engineer
/5
----~-_.._. .._-----, ----- _..- ----. --_._.._---~-~..._.~-_.~_.
Resolution 18686
Page 11
19, Submit to and obtain approval by the City Engineer of striping plans for all
collector or higher classification streets simultaneously with the associated
improvement plans.
20. All vertical and horizontal curves and intersections of all streets shall meet the
sight distance requirements of the CalTrans Highway Design Manual. Sight visibility
easements shall be granted as necessary to comply with the requirements in the
CalTrans Highway Design Manual. Any conflict between the CalTrans Highway Design
Manual and the City standards shall be resolved by the City Engineer.
21. Prior to the approval of the final "8" Map containing parkways, the Developer
shall agree to plant trees within all street parkways and street tree easements which
have been selected from the revised list of appropriate tree species described in the
Village Design Plan which shall be approved by the Directors of Planning, Parks and
Recreation and Public Works. The applicant shall provide root control methods per the
requirements of the Parks and Recreation Director and a deep watering irrigation
system for the trees. The improvement plans, including final selection of street trees,
for the street parkways shall be approved by the Directors of Planning, Parks and
Recreation and the City Engineer.
22. Enter into an agreement with the City, prior to approval of the first final Map
(including an "A" Map), in which the developer agrees to the following:
a. Fund and install Chula Vista transit stop facilities (i.e., bus stops) when
directed by the Director of Public Works. The improvement plans for
said stops shall be prepared in accordance with the transit stop details
described in the Village Design Plans and approved by the Directors of
Planning and Public Works.
b. Not protest the formation of any future regional benefit assessment
district to finance the Light Rail Transit.
c. Fund its fair share of the cost of construction of the two pedestrian
bridges connecting Villages One to Village Two and Village Five to
Village Six as determined by the City Engineer based on the
proportionate benefit received from the improvements. The developer
shall also identify the financing mechanism to be used to fund said cost.
23. Prior to approval of the appropriate final map, the Developer shall grant in fee
to the City the right-of-way for the Light Rail Transit as indicated on the typical cross
section of East Palomar Street on the approved Tentative Map. Said right-of-way shall
be granted to the City for open space, transportation, and other public purposes. Said
right-of-way shall not extend across street intersections unless approved by the City
Engineer. Include said right-of-way in an open space district.
24, Guarantee the construction and enter into an agreement to construct the
pedestrian bridge connecting Village One to Village Five in accordance with
improvement plans approved by the City prior to approval of the final map that requires
construction of La Media Road between East Palomar Street and East Orange Avenue.
The developer shall construct said bridge, at the time when that portion of La Media
/6
· Resolution 18686
Page 1 2
Road is constructed and may seek, with the concurrence of the City, repayment from
other benefiting property owners through a reimbursement district.
25. In the event the Federal Government adopts ADA standards for street rights-of-
way which are in conflict with the standards and approvals contained herein, all such
approvals conflicting with those standards shall be updated to reflect those standards.
Unless otherwise required by federal law, City ADA standards may be considered
vested, as determined by Federal regulations, only after construction has commenced.
26. Prior to approval of the first final map for Neighborhood R·12 which requires the
construction of the temporary access road to East Palomar Street, the developer shall
accomplish the following:
a. If required by the City Engineer, obtain a construction permit from the
City approving the necessary modifications to any existing
improvements, which are necessary to provide temporary access to
Neighborhood R-12.
b. Enter into an agreement where the developer agrees to:
1. Remove to the satisfaction of the City Engineer the "Temporary
Access Road" improvements, at such time as a permanent road
connecting R-12 to East Palomar Street is opened for public use.
2. Construct the ultimate East Palomar Street improvements and
regrade the area to be consistent with the streetscape of East
Palomar Street as directed by the City Engineer and Director of
Parks and Recreation at such time as a permanent road
connecting R-12 to East Palomar Street is opened for public use..
3. Install signs as directed by the City Engineer, indicating that the
"Temporary Access Road" will be closed once a permanent road
connecting R-12 to East Palomar Street is opened for public use.
4. Provide a Notice in any residential disclosure document that the
"Temporary Access Road" will be closed once a permanent road
connecting R-12 to East Palomar Street is opened for public use.
5. Provide for all costs associated with the vacation of the
"Temporary Access Road" located within the proposed future
residential lot.
c. Provide security acceptable to the City in the amount determined by the
City Engineer to guarantee the removal of the Temporary Access Road
improvements and construction of the ultimate East Palomar Street
improvements as directed by the City Engineer and Director of Parks and
Recreation
/7
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Resolution 18686
Page 13
27. Include the necessary modifications to the applicable existing traffic signals at
the intersection of Telegraph Canyon Road at Otay Lakes Road as part of the
improvement plans associated with the first final "B" Map which triggers the
construction of La Media Road.
Install underground improvements, standards and street lights with the construction of
street improvements, and install mast arms, signal heads and associated equipment as
determined by the City Engineer.
28. Include the easement for the proposed "Temporary Access Road" to R-1 2 from
East Palomar Street to the northern property line across the proposed future residential
lot. On the appropriate final "B" Map, as determined by the City Engineer, grant said
easement to the City for open space, transportation, and other public uses._
29. Provide: (1) a minimum setback of 19.5 feet on driveways from the back of
sidewalk to garage, (2) a minimum 7-foot parkway (face of curb to property line)
around the turnaround area of the cul-de-sac, and (3) sectional roll-up type garage
doors at all properties fronting on streets which are proposed for construction in
accordance with the detail of the "typical cul-de-sac, 150 feet or less" shown on Sheet
1 of the tentative map, except as provided for in the Planned Community District
Regulations or approved by the City Engineer and the Planning Director.
30. Not install privately owned water, reclaimed water, or other utilities crossing any
public street. This shall include the prohibition of the installation of sleeves for future
construction of privately owned facilities. The City Engineer may waive this
requirement if the following is accomplished:
a. The developer enters into an agreement with the City where the
developer agrees to the following:
1. Apply for an encroachment permit for installation of the private
facilities within the public right-of-way.
2. Maintain membership in an advance notice such as the USA Dig
Alert Service.
3. Mark out any private facilities owned by the developer whenever
work is performed in the area.
The terms of this agreement shall be binding upon the successors and assigns
of the developer.
b. Shutoff devices as determined by the City Engineer are provided at those
locations where private facilities traverse public streets.
31. Include in separate lots the right-of-way required to accommodate the future
grade separation at the intersection of Telegraph Canyon and Otay Lakes Road. These
lots shall be granted in fee to the City for Open Space, transportation, and other public
purposes on the appropriate final "B;g' as determined by the City Engineer. Prior
Resolution 18686
Page 14
to the approval of the grading plans proposing the grading of the area that would
accommodate said intersection, the developer shall submit a design study, acceptable
to the City Engineer, of the grading required for said grade separated intersection.
32. Residential Street Condition A as denoted on the cover page of the tentative
map is the preferred section and shall be implemented on all residential streets,
excluding the alley product, unless otherwise approved by the City Engineer and
Planning Director. Following is a list of streets where Residential Street Condition A
shall be implemented:
Neighborhood R-11: Santa Delphina Ave., Pacifica Ave., Colusa Drive, Bellena Ave.,
Ballena Court, Montana Drive, Quailsprings Drive and Coalsprings Drive.
Neighborhood R-12: Carmel Avenue, Pleasanton Road, Carmel Court, Applegate Road
and Ojai Court.
Neighborhood R-23: Bridlevale Drive, Ravenrock Drive, Fawntail Drive, Bouquet
Canyon Drive, Strawberry Valley Road, Elk Run Court and Covey Court.
Neighborhood R-24: Bouquet Canyon Drive, Fernwood Drive, Lonetree Drive, Sagetree
Drive, Clovertree Drive Breezewood Drive and Bramblewood Drive.
Residential street Condition B may be used in Neighborhood R-22.
33. The applicant shall submit a conceptual design for the bridge connections
between Village One and Village Five which indicates materials, height, location, etc.
Said design plan shall be reviewed and approved by the Planning Director prior to
approval of the final "B" Map that requires construction of La Media Road between East
Palomar Street and East Orange Avenue.
34. Requested General Waivers 1, 2, 3 and 4 and Specific Waiver 1, as indicated
on the cover sheet of the tentative map, are hereby approved.
35. Right-of-way for the light rail transit line shall provide for spiral curves as
provided by MTDB and approved by the City Engineer.
36. The developer shall dedicate the right of way and easements within the
boundaries of the tentative map for other land owners to pioneer public facilities in the
property as required by the Public Facilities Financing Plan (PFFP); provided, however.
that such dedications shall be restricted to those reasonably necessary for the
construction of the facilities identified in the PFFP.
37. The Developer shall be responsible for the construction of full improvements of
that portion of East Palomar Street contained within the proposed tentative map,
including the installation of full transit stop improvements at the Village Five core. In
the event said portion of East Palomar Street is proposed for construction in phases,
the Developer shall: (1) submit and obtain approval of the City Engineer of a
construction phasing plan, which shall determine the improvements, facilities, and/or
dedications to be provided with each phase, and (2) enter into an agreement with the
City, prior to the issuance of any grant of approval for the construction of the initial
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phase of East Palomar Street, where the Developer agrees to construct the remaining
phases at such time as required by the PFFP.
38. In order to finance the construction of the backbone facilities (which include but
are not limited to East Palomar Street within the tentative map, transit stops.
pedestrian bridges, Telegraph Canyon detention basin and Poggi Canyon Channel and
detention basin) not included within a City development fee program and which would
provide benefit to areas beyond a single ownership within the Otay Ranch SPA One,
the Developer may seek, with the concurrence of the City, payment of the fair share
of the construction cost of said facilities from other benefiting properties through the
establishment of a reimbursement mechanism, a development impact fee program. an
assessment mechanism or other equitable facility financing program within the City's
discretion.
GRADING AND DRAINAGE
39. Provide a setback, as determined by the City Engineer, and based on the soils
engineering study, between the property lines of the proposed lots and the top or toe
of any slope to be constructed where the proposed grading adjoins undeveloped
property or property owned by others. The City Engineer shall not approve the creation
of any lot that does not meet the required setback.
The developer shall submit notarized letters of permission to grade for all off-site
grading.
40. In conjunction with the as built grading plans, the applicant shall submit a list
of proposed lots with the appropriate grading plan indicating whether the structure will
be located on fill, cut or a transition between the two situations.
41. Comply with all the provisions of the National Pollutant Discharge Elimination
System (NPDES) and the Clean Water Program.
42. Provide runoff detention basins or any other facility approved by the City
Engineer to reduce the peak runoff from the development to an amount equal to or less
than the present 1 DO-year frequency peak runoff.
43. Prior to approval of: (1) the first final "B" Map or grading permit whichever
occurs first for land draining into the Poggi Canyon, and (2) the first final "B" Map or
grading permit whichever occurs first for land draining into the Telegraph Canyon
Channel, the developer shall:
a. Guarantee the construction of the applicable drainage facility, unless
otherwise approved by the City Engineer as follows:
1. Runoff detention/desilting basin and naturalized channel in Poggi
Canyon; or
2. Runoff detention Basin in Telegraph Canyon Channel
The Developer may agree to construct these facilities at a later time if
approved by the City Engineer and if the developer provides private
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temporary runoff detention basins or other facilities, approved by the
City Engineer, which would reduce the peak runoff from the
development to an amount equal to less than the present 1 DO-year peak
flow. Said temporary facilities shall comply with all the provisions of the
National Pollutant Discharge Elimination System (NPDES) and the Clean
Water Program. Prior to issuance of any grading permit which approves
any temporary facility, the developer shall enter into an agreement with
the City to guarantee the adequate operation and maintenance (O&M) of
said facility. The developer shall provide security satisfactory to the City
to guarantee the O&M activities, in the event said facilities are not
maintained to City standards as determined by the City Engineer.
The developer shall be responsible for obtaining all permits and
agreements with the environmental regulatory agencies required to
perform this work.
b. Prepare a maintenance program including a schedule, estimate of cost,
operations manual and a financing mechanism for the maintenance of the
applicable facilities. Said program shall be subject to approval of the
City Engineer, the Director of Parks and Recreation, and the applicable
environmental agencies.
c. Enter into an agreement with the City of Chula Vista and the applicable
environmental agencies (Fish and Game, Fish and Wildlife) wherein the
parties agree to implement the maintenance program.
d. Enter into an agreement with the City where the developer agrees to the
following:
1. Provide for the maintenance of the proposed detention basin in
Telegraph Canyon and the proposed naturalized channel and
detention basin in Poggi Canyon until such time as maintenance
of such facilities is assumed by the City or an open space district.
2. Provide for the removal of siltation in (1 ,)the Telegraph Canyon
detention basin and (2.) Poggi Canyon Channel and detention
basin until all upstream grading of the area contained within the
tentative map is completed and erosion protection planting is
adequately established as determined by the City Engineer and
Director of Parks and Recreation.
3. Provide for the removal of any siltation in (1.)the Telegraph
Canyon detention basin and (2.)Poggi Canyon Channel and
detention basin attributable to the development for a minimum
period of five years after City acceptance of the landscaping
improvements.
44. Enter into an agreement with the City, prior to approval of the first final UBU Map
or grading permit whichever occurs first for land draining into the existing Telegraph
Canyon Channel, where the developer agrees to perform the following activities within
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Resolution 18686
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the portion of said existing channel extending from Paseo Ladera to the eastern
subdivision boundary:
a. Provide for the removal of siltation until all upstream grading of the area
contained within the tentative map is completed and erosion protection
planting is adequately established as determined by the City Engineer
and Director of Parks and Recreation.
b. Provide for the removal of any siltation attributable to the development
for a minimum period of five years after City acceptance of the
landscaping improvements.
45. Ensure that brow channels and ditches emanating from and/or running through
City Open Space are not routed through private property and vice versa.
46. Provide a graded access (12 feet minimum width) and access easements as
required by the City Engineer to all public storm drain structures including inlet and
outlet structures. Improved access as determined by the City Engineer shall be
provided to public drainage structures located in the rear yard of any residential lot.
47. Provide a protective fencing system around: (1) the proposed detention basins
at Telegraph Canyon and Poggi Canyon, and (2) inlets and outlets of storm drain
structures, as directed by the City Engineer. The final design and types of construction
materials shall be subject to approval of the Director of Planning and the City Engineer.
48. Designate all drainage facilities draining private property to the point of
connection with public facilities as private.
49. Provide a 6 inch thick concrete access road to the bottom of the proposed
detention basins. This access shall have a minimum width of 12 feet, a maximum
slope of 8%, and a heavy broom finish on the ramp as directed by the City Engineer.
50. Obtain a Letter of Map Revision (LOMR) from the Federal Emergency
Management Agency revising the current National Flood Insurance Program maps of
the Telegraph Canyon Channel to reflect the effect of the proposed drainage
improvements. The LOMR shall be completed prior to acceptance by the City of the
proposed detention facility.
51. Provide graded maintenance access roads along both sides of the proposed on-
site and off-site portions of the Poggi Canyon Channel. The width of said roads shall
be 12 feet unless otherwise approved by the City Engineer. The final dimensions and
location of the access roads shall be as determined by the City Engineer.
52. Prior to the approval of the first final "8" Map, the developer shall submit for the
approval of the City Engineer, a study demonstrating that the proposed detention basin
in Telegraph Canyon is capable of reducing the peak runoff from SPA One to or less
than the present 1 OO-year frequency peak runoff. The City Engineer may require that
said study be reviewed by an outside consultant to determine the effect of the
proposed detention facility on the existing naturalized channel. All costs associated
with retaining said consultant shall be the responsibility of the Developer. The final
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Resolution 18686
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design and location of the detention basin shall be approved by the City Engineer,
Director of Planning and Director of Parks and Recreation.
53. Prior to the installation of the regional trail, install a fence along those portions
of: (1) the existing maintenance access roads along the Telegraph Canyon Channel,
and (2) the proposed maintenance access roads of the Poggi Canyon Channel. which
are proposed to be incorporated into the Regional Trail System. The fence shall be
erected only at those locations where its installation will not interfere with the normal
channel maintenance. The specific locations where the fence will be allowed and the
fence details shall be as determined by the City Engineer and Director of Parks and
Recreation
54. Prior to approval of mass grading plans, the Developer shall prepare and obtain
approval by the City Engineer, Director of Planning and Director of Parks and Recreation
of an erosion and sedimentation control plan. Prior to approval of the street
improvement plans, the Developer shall obtain approval of landscape/irrigation plans.
55. Landform grading, similar to what has been proposed along Telegraph Canyon
Road indicated on this tentative map and consistent with City policy and the approved
tentative maps for the adjacent properties, shall be implemented adjacent to all off-site
major roads (i.e., East Palomar Street and East Orange Avenue).
56. Indicate on all affected grading plans that all walls which are to be maintained
by open space districts or other methods shall be constructed entirely within open
space lots.
57. The grading plans for the intersection at East Orange Avenue/Paseo Ranchero
shall include a partial grading of the area that would accommodate the eastbound on-
ramp and off-ramp and the westbound on-ramp of the future grade separated
intersection. The elevations and extent of the required grading shall be determined by
the City Engineer to: (1) allow in the future the construction of any additional grading
necessary for the ultimate intersection configuration, and (2) construct the Poggi
Canyon Channel at its ultimate location.
58. Prior to approval of the grading and/or improvement plans proposing the
construction of the culvert under La Media Road at the crossing with the Telegraph
Canyon Channel, the developer shall submit a study acceptable to the City Engineer
demonstrating that the proposed culvert will be capable of handling the design flow in
the event said culvert needs to be extended in the future in conjunction with the
grading for a grade separated intersection at Telegraph Canyon Road/Otay Lakes Road.
59. Prior to approval of the first final NBN Map or first grading permit (whichever
occurs first) for Neighborhood R-12 (Alternate A or B), the developer shall submit a
study for the approval of the City Engineer demonstrating that the 1 DO-year peak flow
proposed to be discharged from said neighborhood to the adjacent properties to the
west, is equal to or less than the present 1 DO-year peak flow. The City Engineer may
approve that increased flows be deposited into the adjacent properties if the developer
provides: (1) verification in the form of an agreement with the owners of downstream
properties indicating the acceptance of the increased flows, or (2) evidence to the
satisfaction of the City Engineer that any existing downstream drainage improvements
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will be capable of handling the increased flows in accordance with City standards. The
developer shall limit the flows to non-erosive velocities and provide erosion control to
the satisfaction of the City Engineer.
60. Prior to approval of any final "B" Map, Developer shall agree to indemnify City
for any liability, claims or actions resulting from the downstream property owners
accepting the increased flows.
SEWER
61. Provide an improved access road with a minimum width of 12 feet to all sanitary
sewer manholes. The roadway shall be designed for an H-20 wheel load or other
loading as approved by the City Engineer.
62. Prior to the approval of the first final "B" Map for any property located within
Neighborhood R-12 (Alternate A), the developer shall construct or secure the
construction, in accordance with Section 18.16.220 of the Municipal Code, of a gravity
sewer line connecting Neighborhood R-12 (Alternate A) to an approved public sewer
line. As an alternative to the gravity sewer line the developer may propose the
construction of the sewage pump station shown on the tentative map at the western
boundary of R-12 (Alternate A). Prior to the issuance of any grant of approval for the
construction of said "pump station" and associated improvements, the developer shall
comply with all the requirements of Council Policy No. 570-03 (Sewage Pump Station
Financing Policy).
63. Prior to approval of any final "B" Map for any property located within the Poggi
Canyon Sewer Trunk gravity basin, the developer shall construct or secure the
construction, in accordance with Section 18.16.220 of the Municipal Code, of the
Poggi Canyon Sewer Trunk improvements required to serve the properties located
within said final map. As an alternative to the gravity sewer line the developer may
propose the construction of the sewage pump station shown on the tentative map at
the northeastern quadrant of the intersection of East Orange Avenue and La Media
Road. Prior to the issuance of any grant of approval for the construction of said "pump
station" and associated improvements, the developer shall comply with all the
requirements of Council Policy No. 570-03 (Sewage Pump Station Financing Policy).
PARKS/OPEN SPACEIWILDLlFE PRESERVATION
General
64. The project shall satisfy the requirements of the Park Land Dedication Ordinance
(PLDO). The ordinance establishes a requirement that the project provide three (3) acres
of local parks and related improvements per 1, 000 residents. Local parks are
comprised of community parks and neighborhood parks. Pedestrian parks are an
integral component of the plan and shall receive partial park credit as defined below.
A minimum of two thirds (2 acres/1 ,000 residents) of local park requirement shall be
satisfied through the provision of turn-key neighborhood and pedestrian parks.. The
remaining requirement (1 acre/1,000 residents) shall be satisfied through the payment
of fees.
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Resolution 18686
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65. All local parks shall be consistent with the SPA One PFFP and shall be installed
by the Applicant. A construction schedule, requiring all parks to be completed in a
timely manner, shall be approved by the Director of Parks and Recreation.
66. All local parks shall be designed and constructed consistent with the provisions
of the Chula Vista Landscape Manual and related Parks and Recreation Department
specifications and policies.
67. All aspects of the neighborhood parks, including the applicants fair share portion
of Park P-9 and the paseo, shall be designed in accordance with the City Landscape
Manual.
68. The Applicant shall receive surplus park credit to the extent the combined park
credit for neighborhood parks, pedestrian parks and the town square park exceeds the
3 acres per 1,000 residents standard. This surplus park credit may be utilized by the
Applicant to satisfy local park requirements in future SPAs.
69. The Applicant and the City shall mutually agree on a PAD fee reimbursement
schedule in coordination with the adopted construction schedule. Milestones will be
established for partial reimbursement during the construction process. The City may
withhold up to 20% of the park construction funds until the park has been completed
and accepted. Reimbursement of PAD fees shall include the interest accrued by the
City on said PAD fees minus the City's cost of processing and administering this
reimbursement program.
70. Unless otherwise specifically stated herein, Developer shall provide the City with
an irrevocable offer of dedication, in a form approved by the City Attorney, for all
designated public park lands prior to approval of the first final "B" Map within the phase
identified in the PFFP for said parks.
71. Pedestrian Parks (also known as mini-oarks): Pedestrian parks less than five
acres, with the exception of Park P-9 and the paseo, as identified in the SPA One Plan,
shall be maintained by a funding entity other than the City's General Fund. Pedestrian
parks shall receive a minimum of 25% and a maximum of 50% park credit, as
determined by the Director of Parks and Recreation pursuant to the City wide small
park credit criteria which shall be approved by the City Council.
72. Neiohborhood Parks: Developer shall provide the City with an irrevocable offer
of dedication, in a form approved by the City Attorney, for the park identified in the
PFFP as P-6 prior to the approval of the final map in accordance with the PFFP phasing.
a. In addition to those required PAD fees, the Applicant shall pay PAD fees
based on a formula of 2 acres per 1,000 residents for the first 431
dwelling units. In the City's sole discretion, PAD fees may be required
for units in excess of the first 431 dwelling units.
b. Prior to the approval of the first final map which creates residential lots
("B" Map), the applicant shall enter into a supplemental agreement
where the applicant agrees to construct and guarantees construction of
the first neighborhood park, no later than issuance of the building permit
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for the 431 st dwelling unit. The agreement shall also provide the
following:
1. The level of amenities required in the neighborhood park shall be
determined by the Director of Parks and Recreation in conjunction
with the park master planning effort required by the City of Chula
Vista Landscape Manual. The applicant shall complete
construction of the neighborhood park within six (6) months of
commencing construction of said park.
2. The timing of construction of Parks P-6, P-7, P-8 and the regional
trails shall be addressed in the revised PFFP.
3. At no 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/1,000
residents. Applicant agrees that the City may withhold the
issuance of building permits should said deficit occur. For
purposes of this condition, the term "constructed neighborhood
park shall mean that construction of the park has been completed
and accepted by the Director of Parks and Recreation as being in
compliance with the Park Master Plan, but prior to the mandatory
one year maintenance period. This condition is not intended to
supersede any of the City's maintenance guarantee requirements.
4. The Applicant shall receive reimbursement of PAD fees for any
amount above their pro-rata share for the costs of constructing
a turn-key park constructed in accordance with the Parks Master
Plan.
c. The applicant shall grant to the City, at the "A" Map stage, an
irrevocable offer of dedication for all neighborhood parks shown on the
Tentative Map.
73. Communitv Parks: Prior to the approval of each final "B" Map the Applicant
shall pay PAD fees for the Community Park based upon a formula of 1 acre per 1, 000
residents
74. Trails/ODen SDace:
a. All trails shall connect to adjoining existing and/or proposed trails in
neighboring development projects, as determined by the Director of
Parks and Recreation.
b. The two connector trails from Neighborhoods R-24 and R-25 in Village
Five to Telegraph Canyon Road shall be combined into one trail in Open
Space Lot 1 and shall connect to the regional trail in one location.
c. The maximum gradient for connector trails shall be 10%. Steeper grades
of up to 12 % for short runs of 50 feet may be permitted subject to the
approval by the Parks and Recreation Director.
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Resolution 18686
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d. The graded section upon which the connecting trails are constructed
shall be 10 feet in width. Six feet shall be provided for the trail bed,
with a 2 foot graded shoulder on either side.
e, Landscape and irrigation plans for the transit right-of-way shall be
reviewed and approved by the Parks and Recreation Director in
conjunction with the landscape plans for East Palomar Street.
75. Communitv Gardens:
a. Community Gardens shall be consistent with the guidelines in the SPA
One Parks, Recreation, Open Space and Trails Master Plan, including
creation of the Community Garden Committee and their responsibilities.
b, Water lines shall be stubbed from the nearest open space water meter
to the site(s) in order 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 Parks and Recreation and the
City Engineer.
e. Community Gardens shall not receive park credit.
OPEN SPACE/ASSESSMENTS
76. Prior to the approval of the first final "8" Map, the developer shall:
a. Submit and obtain approval of the SPA One Open Space Master Plan
from the Director of Parks and Recreation. The Open Space Master Plan
shall be based upon the approved Concept and Analysis Plan, the
requirements of which are outlined in the City of Chula Vista Landscape
Manual and include but are not limited to elements such as final
recreational trail alignments and fencing and phasing.
b. Request the formation of an Open Space District. pursuant to the 1972
Landscaping & Lighting Act or other financing mechanism approved by
City Council. The district formation shall be submitted to Council for
consideration prior to approval of the first final 8 map. Maintenance of
the open space improvements shall be accomplished by the developer for
a minimum period of one year or until such time as accepted into the
open space district by the Director of Parks and Recreation. If Council
does not approve the open space district formation, some other financing
mechanism shall be identified and submitted to Council for consideration
prior to approval of the first final map.
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Resolution 18686
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c. Submit evidence acceptable to the City Engineer and the Director of
Parks and Recreation of the formation of a Master Homeowner's
Association (MHOA), or another financial mechanism acceptable to the
City, which includes all the properties within the approved tentative map
prior to approval of the first "8" Map. The MHOA shall be responsible
for the maintenance of the improvements listed in Condition 76d. The
City Engineer and the Director of Parks and Recreation may require that
some of those improvements be maintained by the Open Space District.
The final determination of which improvements are to be included in the
Open Space District and those to be maintained by the MHOA shall be
made during the Open Space District Proceedings. The MHOA shall be
structured to allow annexation of future tentative map areas in the event
the City Engineer and Director of Parks and Recreation require such
annexation of future tentative map areas. The MHOA formation
documents shall be approved by the City Attorney.
d. Submit a list of all Otay Ranch SPA One facilities and other items to be
maintained by the proposed district. Separate lists shall be submitted for
the improvements and facilities to be maintained by the Open Space
District and those to be maintained by a Master Homeowner's
Association. Include a description, quantity and cost per year for the
perpetual maintenance of said improvements. These lists shall include
but are not limited to the following facilities and improvements:
1. All facilities located on open space lots to include but not be
limited to: walls, fences, water fountains, lighting structures,
paths, trails, access roads, drainage structures and landscaping.
Each open space lot shall also be broken down by the number of
acres of turf, irrigated, and non-irrigated open space to aid in the
estimation of a maintenance budget thereof.
2. Medians and parkways along East Orange Avenue (onsite and
offsite), Paseo Ranchero, La Media Road, East Palomar Street
(onsite and offsite) and all other street parkways proposed for
maintenance by the open space district or Homeowners'
Association.
3. The proposed detention basin in Telegraph Canyon and the fair
share of the maintenance of the existing naturalized Telegraph
Canyon Channel east of Paseo Ladera as determined by the City
Engineer based on the proportional benefit received from the
improvements. This includes but is not limited to the cost of
maintenance and all cost to comply with the Department of Fish
and Game and Corps of Engineers permit requirements.
4. The proposed detention basin and naturalized channel in Poggi
Canyon. This includes but is not limited to the cost of
maintenance and all cost to comply with the Department of Fish
and Game and the Corps of Engineers permit requirements.
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Resolution 18686
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5. Community Gardens
6. Pedestrian Bridges.
7. The proportional share of the maintenance of the median and
parkways along that portion of Telegraph Canyon Road adjoining
the development as determined by the City Engineer.
8. Parkways and open space lots proposed along Santa Cora
Avenue within Neighborhoods R-22, R-23, and R-24.
9. Parkways along Santa Delphina Avenue within Neighborhood R-
11,
10. Trees planted within the 8-foot street tree easement adjacent to
(1 )the western right-of-way line of Santa Delphina Avenue and
(2) Lone Tree Drive to the south right of way of Park 6.3.
e. Submit an initial deposit of $15,000 to begin the process of formation
of the open space district. All costs of formation and other costs
associated with the processing of the open space relating to this project
shall be borne by the developer.
f. Provide all the necessary information and materials (e.g., exhibits,
diagrams, etc.) as determined by the City Engineer to prepare the
engineer's report for the proposed open space district.
77. Include in the CC&Rs, if applicable, the obligation of the Homeowners'
Association to maintain all the facilities and improvements within the open space lots
rejected by the City prior to the approval of the final map containing said lots.
78. Grade a level, clear area at least three feet wide (face of wall to top of slope),
along the length of any wall abutting an open space district lot, as measured from face-
of-wall to beginning of slope, said area as approved by the City Engineer and the
Director of Parks and Recreation.
79. Ensure that all buyers of lots adjoining open space lots containing walls
maintained by the open space district sign a statement, when purchasing their homes,
stipulating that they are aware that they shall not modify or supplement the wall or
encroach onto the open space lots. These restrictions shall also be incorporated in the
CC&Rs for each lot.
80, Agree to not protest formation or inclusion in a maintenance district or zone for
the maintenance of landscaped medians and scenic corridors along streets within and
adjacent to the subject subdivision.
81. If requested by the City, the Developer shall grant in-fee to the City on the
appropriate final map, all open space lots shown on the tentative map and execute and
record a deed for each of the lots to be maintained through the open space district or
the HOA. Provide on the final map a certificate, pursuant to section 66477.2(a) of the
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Resolution 18686
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Subdivision Map Act, rejecting those open space lots to be maintained by the
Homeowner's Association.
82. Provide documentation, prior to the approval of the first final "8" Map, to the
Director of Planning and the City Engineer that an annexable Mello-Roos District, or
other financing mechanism approved by the Sweetwater High School District and the
Chula Vista Elementary School District has been established to provide for construction
of schools.
83. The update of the Public Facilities Development Impact Fee (currently being
prepared) which incorporates the public facilities proposed in the Otay Ranch SPA One
shall be approved by City Council prior to the approval of any final "8" Map,
84. 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 Parks and Recreation. The amount
of the deposit shall be equivalent to the estimated cost of maintaining the open space
lots to City standards for a period of six months as determined by the City Engineer.
Any unused portion of said deposit may be incorporated into the open space district's
reserve at such time as the maintenance of the open space lot is assumed by the open
space district.
85, Provide an 8-foot street tree easement adjacent to the western right-of-way line
of Santa Delphina Avenue (within Neighborhood R-11) and to the south right of way
of Lonetree Drive.
86. Ensure that all buyers of lots fronting residential streets constructed in
accordance with Condition A sign a statement, when purchasing their homes,
stipulating that (1) they are aware that the City will be responsible for the maintenance
of the landscaping improvements located between the curb and the sidewalk (including
City approved trees). and (2) they shall not replace or remove any trees planted
between the curb and the sidewalk without the approval of the City. These provisions
shall be incorporated in the CC&Rs for each lot.
WATER
87. Provide to the City a letter from Otay Municipal Water District indicating that
the assessments/ bonded indebtedness for all parcels dedicated or granted in fee to the
City have been paid or that no assessments exist on the parcel(s).
88. Present verification to the City Engineer in the form of a letter from Otay Water
District that the subdivision will be provided adequate water service and long term
water storage facilities.
EASEMENTS
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Resolution 18686
Page 26
89. Grant to the City a 10' wide easement for general utility purposes along public
street frontage of all open space lots offered for dedication to the City unless otherwise
approved by the City Engineer.
90. Indicate on the appropriate "B" Map a reservation of easements to the future
Homeowners' Association for private storm drain and private sewer facilities within
City open space lots as directed by the City Engineer.
91. Obtain, prior to approval of any final "B" Map, all off-site right-of-way necessary
for the installation of the required improvements for that subdivision thereto. The
developer shall also provide easements for all on-site and off-site public drainage
facilities, sewers, maintenance roads, and any other public facilities necessary to
provide service to the subject subdivision,
92. Notify the City at least 60 days prior to consideration of the final map by City
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, band c above shall be accomplished prior to the
approval of the appropriate Final Map.
93. Grant easements to subsequent owners pursuant to Section 18.20.150 of the
City Code on any final map that proposes private utilities or drainage facilities crossing
property lines as directed by the City Engineer,
94. Grant to City on the appropriate final "B" Map two foot access easements along
the rear and side property line of lots adjoining walls to be maintained by the open
space district, The locations of these easements shall be as required by the Director
of Parks and Recreation and the City Engineer to provide adequate access for
maintenance of said walls.
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95. Grant on the appropriate final "B" Map the following: (1.) a minimum 15 foot
wide drainage and access easement for stormdrains located between residential units,
and (2.) a minimum 20 foot wide sewer and access easement for sewerlines located
between residential units. The City Engineer may approve that a reduced (stormdrain
and/or sewer) easement width be granted at those locations where stormdrains are
proposed adjacent to sewerlines, All other easements shall meet City standards for
required width.
AGREEMENTS/FINANCIAL
96. Enter into a supplemental agreement with the City, prior 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 approval.
d. Hold the City harmless from any liability for erosion, siltation or increase
flow of drainage resulting from this project.
e. Ensure that all franchised cable television companies ("Cable Company")
are permitted equal opportunity to place conduit and provide cable
television service to each lot on public streets within the subdivision.
Restrict access to the conduit to only those franchised cable television
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
3Þ
Resolution 18686
Page 28
affecting the operation of cable television companies as same may have
been, or may from time to time be issued by the City of Chula Vista.
f. Include in the Articles of Incorporation or Charter for the Homeowners'
Association (HOA) provisions prohibiting the HOA from dedicating or
conveying for public streets, land used for private streets (i.e., in multi-
family areas) without approval of 100% of all the HOA members.
g. Ensure that all insurance companies are permitted equal opportunity to
go out to bid to provide a Cooperative Homeowner's Insurance Program
(CHIP).
h. Pay, upon Council approval of the Poggi Canyon Sewer Basin
Development Impact Fee, the total amount of the fees for those lots of
the final map which are located within the area of benefit of said facility
and that obtained building permits prior to the establishment of said fee.
97. Enter into an supplemental agreement with the City prior to approval of the first
final "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.
98. Prior to approval of the first final Map (including an "A" Map), or as otherwise
determined by the Director of Planning, within SPA One and consistent with the City's
Housing Element, Ranch-Wide and SPA One Affordable Housing Plans, the applicant
shall enter into and execute with the City an Affordable Housing Agreement ("SPA One
Affordable Housing Agreement") containing, but not limited to, the following
provisions: (a.) The obligation to provide the total number of low and moderate income
units required under the City's Affordable Housing Program, based on the number of
dwelling units contained within the Master Tentative Map for SPA One; (b.) Identify
the overall number of dwelling units within the Master Tentative Map for which the
applicant can receive final map approval prior to the applicant selecting and
guaranteeing, to the City's satisfaction, final affordable housing site(s); (c.) The
number of dwelling units within the master tentative map area which can receive
building permit authorizations prior to the applicant obtaining building permits for a
specified number of the required low income units; and (d.) A description of what
information must be provided in subsequent Project Level Affordable Housing
Agreements. Upon its approval by the City, the terms and conditions of the SPA One
Affordable Housing Agreement shall become conditions of this resolution, and is hereby
incorporated herein by this reference.
99. The Applicant shall pay, prior to approval of the first "B" Map, their proportional
share, as determined by the Director of Parks and Recreation, of a collaborative study
analyzing local park needs for the area east of the 1-805 Freeway.
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Resolution 18686
Page 29
100. Prior to the approval of the first final "B" Map, the Developer shall submit and
obtain approval by the City Engineer of an "Improvement Phasing Schedule" which will
identify the timing of construction of all backbone facilities and/or completion of the
activity noted in the following table. The Improvement Phasing Schedule shall be
consistent with the PFFP,
COST ITEM TO BE INCLUDED IN
IMPROVEMENT PHASING SCHEDULE FACILITY
*Payment of Telegraph Canyon Basin For areas covered by backbone streets and all
Drainage DIF common areas with include, but are not
limited to, parks, schools, paseos and open
space lots.
* Acquisition/dedication of off-site drainage Poggi Canyon Channel (on-site and off-site)
easement. and detention basin
* Construction and maintenance (prior to City
acceptance).
*Construction and maintenance (prior to City Telegraph Canyon Channel detention basin.
acceptance) .
Security satisfactory to the City shall be provided for the above backbone facilities
when their construction or compliance is triggered as identified in the approved
Improvement Phasing Schedule.
In addition to the foregoing, prior to approval of the first final NB" Map, the Developer
shall provide security satisfactory to the City Engineer to guarantee the construction
of the following:
a. Full improvements of that portion of East Palomar Street contained
within the tentative map boundaries including full improvements of the
transit stop proposed in East Palomar Street at the Village Five core.
b. Fair share of the improvements for the pedestrian bridges connecting
Village One to Village Five, Village One to Village Two and Village Five
to Village Six.
The amount of the security for the above noted improvements shall be 110% times a
construction cost estimate approved by the City Engineer if improvement plans have
been approved by the City; 150% times the approved cost estimate if improvement
plans are being processed by the City or 200% times the construction cost estimate
approved by the City Engineer if improvement plans have not been submitted for City
review. A lesser percentage may be required if it is demonstrated to the satisfaction
of the City Engineer that sufficient data or other information is available to warrant
such reduction.
SCHOOLS
101. 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 Five, prior to issuance of the 500th residential
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Resolution 18686
Page 30
building permit (150 students). The all weather access road shall also be acceptable
to the Fire Department. This schedule is subject to modification by the School district
as based on District facility needs.
MISCELLANEOUS
102. Include in the Declaration of Covenants, Conditions and Restrictions (CC&Rs)
provisions assuring maintenance of all streets, driveways, drainage and sewage
systems which are private. The CC&Rs shall also include provisions requiring the HOA
to obtain an encroachment permit from the City prior to performing work on any private
easement which may disturb any existing landscaping or any other public
improvements. The City of Chula Vista shall be named as party to said Declaration
authorizing the City to enforce the terms and conditions of the Declaration in the same
manner as any owner within the subdivision. The CC&R's shall also include language
which states that any proposal by the HOA for dedication or conveyance for public
purposes of land used for private streets (i.e., in multi-family areas) will require prior
written approval of 100% of all the Homeowners' Association members.
103. Submit copies of Final Maps and improvement plans and storm drain plans in a
digital format such as (DXF) graphic file prior to approval of each Final Map. Provide
computer aided Design (CAD) copy of the Final Map based on accurate coordinate
geometry calculations and submit the information in accordance with the City
Guidelines for Digital Submittal in duplicate on 5-1/4" HD or 3-1/2" disks prior to the
approval of each Final Map.
104, Tie the boundary of the subdivision to the California System -Zone VI (1983).
105. The developer may submit and obtain the approval of the City of a master final
map ("A" Map)showing "super block" lots corresponding to the units and phasing or
combination of units and phasing thereof. Said "A" map shall also show the backbone
street dedications and utility easements required to serve the "super block" lots. All
"super" block lots created shall have access to a dedicated public street. Said" A" map
shall not be considered the first map as indicated in other conditions of approval unless
said map contains single or multiple family lots or a subdivision of the multiple family
lots shown on the tentative map or unless otherwise indicated in said conditions of
approval:. The City shall not require improvement plans in order to approve a final map
for any "A" Map lots, but the developer shall provide security to guarantee the
construction of the backbone facilities, prior to approval of any "A" Map in the
following amounts:
The amount of the security for the above noted improvements shall be 110% times a
construction cost estimate approved by the City Engineer if improvement plans have
been approved by the City, 150% times the approved cost estimate if improvement
plans are being processed by the City or 200% times the construction cost estimate
approved by the City Engineer if improvement plans have not been submitted for City
review. A lesser percentage may be required if it is demonstrated to the satisfaction
of the City Engineer that sufficient data or other information is available to warrant
such reduction.
35
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Resolution 18686
Page 31
Prior to approval of the first "A" Map. the Developer shall enter into an agreement
where the Developer agrees that the subsequent development of a multiple family lot,
which does not require the filing of a "8" 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.
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. The developer may seek repayment from other property owners
through a reimbursement district.
106. Prior to approval of the first "A" Map, the Developer shall enter into an
agreement to secure approval of a Master Precise Plan for the Village Five Core Area
prior to submitting any development proposals for commercial, multi-family and
Community Purpose Facility areas within the SPA Five Village Core.
107. Pursuant to the provisions of the Growth Management Ordinance (Section 19.09
of the CVMC) and the Otay Ranch General Development Plan (GDP), the Applicant shall
complete the following: (1.) Fund the preparation of an annual report monitoring the
development of the community of Otay Ranch. The annual monitoring report will
analyze 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
applications (SPAs and tentative maps), projected construction dates, corresponding
public facility needs per the adopted threshold standards, and identifying financing
options for necessary facilities.
108. The applicant of each master tentative map shall be responsible for retaining a
project manager to coordinate the processing of discretionary permit applications
originating from the private sector and submitted to the City of Chula Vista. The
project manager shall establish a formal submittal package required of each developer
to ensure a high standard of design and to ensure consistency with standards and
policies identified in the adopted SPA Plan. The project manager shall have a well
rounded educational background and experience, including but not limited to land use
planning and architecture.
109. The applicant shall submit copies of any proposed C.C. and R's for review and
approval by the Director of Planning and the City Engineer prior to approval of each
final "8" Map.
00
Resolution 18686
Page 32
110. Fully accessible handicap access shall be provided at the ends of the following
cul-de-sacs: Fawntail Drive, Sagetree Drive, Montana Drive.
Access via stairs shall be provided at the ends of the following cul-de-sacs: Rimrock
Drive, Thistlwood Avenue, Clovertree Drive, Bramblewood Drive, and Applegate Drive..
111. If developer desires to do certain work on the property after approval of the
tentative map but prior to recordation of the applicable final "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.
The developer shall post a bond or other security acceptable to the City in an amount
determined by the City to guarantee the rehabilitation of the land if the applicable final
"B" Map does not record.
PHASING
112. The applicant shall submit to the City a revised phasing for review and approval
prior to approval of the first final "B" Map. The PFFP shall be revised where necessary
to reflect the revised phasing plan.
113. If phasing is proposed within an individual map or through multiple final maps,
the developer shall submit and obtain approval for a development phasing plan by the
City Engineer and Director of Planning prior to approval of any final map.
Improvements, facilities and dedications to be provided with each phase or unit of
development shall be as determined by the City Engineer and Director of Planning. The
City reserves the right to require said improvements, facilities and/or dedications as
necessary to provide adequate circulation and to meet the requirements of police and
fire departments. The City Engineer and Planning Director may, at their discretion,
modify the sequence of improvement construction should conditions change to warrant
such a revision.
114. The Public Facilities Finance Plan or revisions hereto shall be adhered to for the
SPA and tentative map with improvements installed in accordance with said plan or as
required to meet threshold standards adopted by the City of Chula Vista. The PFFP
identifies a facility phasing plan based upon a set of assumptions concerning the
location and rate of development within and outside of the project area. Throughout
the build-out of SPA One, actual development may differ from the assumptions
contained in the PFFP. Neither the PFFP nor any other SPA One document grant the
Applicant an entitlement to develop as assumed in the PFFP, or limit the SPA One's
facility improvement requirements to those identified in the PFFP. Compliance with the
City of Chula Vista threshold standards, based on actual development patterns and
updated forecasts in reliance on changing entitlements and market conditions, shall
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
37
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Resolution 18686
Page 33
Plan or amendment to the Growth Management Program and Ordinance adopted by the
City. The City Engineer may modify the sequence of improvement construction should
conditions change to warrant such a revision,
CODE REQUIREMENTS
115. Comply with all applicable sections of the Chula Vista Municipal Code.
Preparation of the Final Map and all plans shall be in accordance with the provisions of
the Subdivision Map Act and the City of Chula Vista Subdivision Ordinance and
Subdivision Manual.
116. Underground all utilities within the subdivision in accordance with Municipal
Code requirements.
117. Pay the following fees in accordance with the City Code and Council Policy:
a. The Transportation and Public Facilities Development Impact Fees
b. Signal Participation Fees
c. All applicable sewer fees, including but not limited to sewer connection
fees
d. Interim SR-125 impact fee
e. Telegraph Canyon Sewer Basin DIF
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
i. Otay Ranch Reserve Fund fee.
Pay the amount of said fees in effect at the time of issuance of building permits.
118. Comply with all relevant Federal, State and Local regulations, including the 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.
119. Ensure that prospective purchasers sign a "Notice of Special Taxes and
Assessments" pursuant to Municipal Code Section 5.46.020 regarding projected taxes
and assessments. Submit disclosure form for approval by the City Engineer prior to
Final Map approval.
120, Comply with Council Policy No. 570-03 if pump stations for sewer purposes are
proposed.
121. Comply with Council Policy No. 522-02 regarding maintenance of natural
channels within open spaces.
122. The applicant shall comply with all aspects of the City of Chula Vista Landscape
Manual.
123, 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
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Resolution 18686
Page 34
chapter includes but is not limited to: threshold standards (19.09.04), public facilities
finance plan implementation (19.09.090), and public facilities finance plan amendment
procedures (19.09.100).
The applicant acknowledges that the City is presently in the process of amending its
Growth Management Ordinance to add a proposed Section 19.09.105, to establish
provisions necessary to ensure compliance with adopted threshold standards
(particularly traffic) prior to construction of State Route 125. Said provisions will
require the demonstration, to the satisfaction of the City Engineer, of sufficient street
system capacity to accommodate a proposed development as a prerequisite to final
map approval for that development, and the applicant hereby agrees to comply with
adopted amendments to the Growth Management Ordinance.
124, Upon submittal of building plans for small lot single family (5,000 square feet
or less as defined in the City of Chula Vista Design Manual) residential development,
plans shall clearly indicate that 750 square feet of private open space will be provided.
125. All proposed development shall be consistent with the Otay Ranch SPA One
Planned Community District Regulations.
31
_ ---..-.---,----------. ---.-."-----------"-..-----.--.,,.,.-,--'--.-
?'õSJ:"~-:-ICJI~ ,,:. . 2379
R::SOLUïION 0- -. ,- CiïY COUNSIL OF C;.iULA VISïA
r :;=
APPROVING A JlODIFICA ïlON ,0 CONDlïlON #86 0;:
ïENTAI/VE MAP PCS-97-02, MCMILLIN OTAY RANCH SPA
ON::. Ar,¡o ADDING FURï¡'ER CONDiïlONS THER~O R::LATING
TO INDIVIDUAL HOM::DWN::R MAINT::NANCE D;: PARKWAYS
WH::REAS. a duly verified application for modification of a ïentative Map condition
of approval was filed with the Planning Department of the City of Chula Vista on ;:ebruary 27,
199B by McMillin D.A. America Otay Ranch, LLC; and,
WHEREAS, said application requests modification Condition #86 of Tentative Map PCS-
97-02, McMillin Dtay Ranch SPA Dne, in order to allow individual homeowner maintenance
of parKways; and,
WH::REAS, the Environmental Review Coonfmator has determined that the project is
exempt from environmental review under CEQA as a Class 4(b) exemption; and,
WHEREAS, the Planning Commission held an advertised public hearing on said
amendments on April 8,1998 and voted 4--1-1-1 to recommend that the City Council approve
the Project; and,
WHEREAS, the City Clerk set the tin;¡e and place for a hearing on said Municipal (
Amendments 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, the hearing was held atthe time and place, namely April 28, 1998 at 6:00
p.m. in the Council Chambers, 276 Fourth Avenue. before the City Council and said hearing
was thereafter closed.
NOW, ïHEREFORE, B:: IT RESOLVED that the City Council does find and ordain as
follows:
S::CïION I: Findings.
ïhat the City Council hereby finds that the proposed modification of a Tentative Map
condition of approval is consistent with the various elements of the General Plan as cited in
the original Resolution of approval for the project; and,
That the City Council wishes to add certain conóitions to provióe further assurance of
compliance of individual homeowners with parkway maintenance standards.
S::CTION II: Conóitions of Approval.
ïhat the proposed moóification of conóition #86 of Resolution 18686 approving Tenta~
Map PCS-97-02 is hereby approved as follows:
86. ::nsure that all buyers of lots fronting residential streets constructed in accordance'.
lfO with Conóition A sign a statement, when purchesing their homes, stipulating that (1 )
they area aware that City individual homeowner will be responsible for the
maintenance of the landscaping improvements located between the curb anó the
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Resolution 18979
Page 2
sidewalk (ird~sin§ excluding City approved trees). and [2j tney shall not replace or
remove any trees planted between the curb and the sidewalk without approval of tn::
City. These provisions shall be incorporated in the CC~Rs for each lot.
That condition #21 shall also be modified as follows:
21. Prior to the approval of the final HE" Map containing parkways, the Developer shall
agree to plant trees within all street parkways, and street tree easements which have
been selected from the revised list of appropriate tree species described in the Village
Design Plan which shall be approved by the Directors of Planning. Parks and
Recreation. and Public Works. The applicant shall provide root control methods per the
requirements of the Parks and Recreation Director, install an irrigation line from each
individual home to the adjacent parkway, and provide aRè a deep watering irrigation
system for the trees. The improvement plans, including final selection of street trees,
for the street parkways shall be approved by the Directors of Planning, Parks and
Recreation and the City Engineer.
That conditions #126 through #130 shall be added as follows:
126. The developer agrees to install irrigation and landscaping for each parkway prior to
owner occupancy of the residence, in accordance with plans submitted to, and
reviewed and approved, by the Planning Department.
127. Prior to approval of the appropriate final maps,' CC&Rs for the project shall be
submitted to the Planning Department for review and approval, and shall include
provisions which clearly indicate the responsibility of the individual homeowners to
water and maintain irrigation and planting within the parkways. The CC&Rs shall also
indicate that the Master Homeowner's Association shall have both the authority and
the obligation to enforce said maintenance.
128. Homeowner Landscape Guidelines for Parkway Landscape Maintenance shall be
. submitted to the City for review and approval, and shall be included as an attachment
to the CC&Rs, thereby providing specific maintenance guidelines as an integral part of
the CC&R documents.
129. The City of ChuIa Vista shall be narned as party to the CC&Rs, with the authority, but
not the obligation. to enforce the terms and conditions of the CC&Rs.
130. The CC&Rs for the project shall include language which prohibits individual residents
from modifying the parl'WaY planting.
SECTION III: That all original conditions of Resolution 18686 approving Tentative Map
PCS-97-02 shall remain in effect, except as herein modified.
Presented by Approved as to fonn by
;( L;tli L~ Qa~P __ ~ ....f/.
Robert A. ù:iter J~. Kaheny .. ...I_ ~__.
Planning Director çj ..Anorm~\'.. .
?'"solu¡ion 1 8979
Pag" :::
:;'£"5S::D, '£"PP?, OV::D and ,£.,:¡OPT::D by Tn:: CI7Y Coun:i :;; ¡n" :Itv :;; Cnuia . La,
Caiiiœnia, this 28th day of April. í 998. by Th" foliowing vote:
AYES: Councilmembers: . Padilla. Rindon::, and Salas
NAYES: Councilmembers: ¡.; O:ï: on
"'~SENT: Councilmembers: Non"
"'~ST AIN: Coum:ilmembers: IlIb::>t
~j¡~~J4~
Shirley H on, Mayor
AII~ST:
~LÞ~ () a~j.Aߣ
Beverly A! Authelet, City Clerk
STATE OF CALIFORNIA )
COUNTY OF SAN DIEGO )
CITY OF CHULA VISTA )
I. Beverly A. Authelet. City Clerk of the City of Chula Vista, California. do hereby certify that
the foregoing Resolution No.1 8979 was duly passed, approved, and adopted by the City
Council at a regular meeting of the Chula Vista City Council held on the 28th day of April,
1998.
ExecU"¡ßd this 28th day of April, 199B.
~ t.7 (} U-b
., i') / . (kÆ
Beverly A./Authelet, City Clerk
L!:ù
Recording Requested by:
CITY CLERK
When Recorded, Mail to:
CITY OF CHULA VISTA
276 Fourth Avenue
Chula Vista, Ca. 91910
No transfer tax is due as this is a conveyance
to a public agency of less than a fee interest
for which no cash consideration has been paid or
received.
Declarant
SUBDIVISION IMPROVEMENT AGREEMENT
THIS AGREEMENT, made and entered into this day of
, 199__, by and between THE CITY OF CHULA VISTA, a
municipal corporation, hereinafter called "City", and McMILLIN OTAY
RANCH, LLC, a Delaware Limited Liability Company formerly known as
McMILLIN-D.A. AMERICA OTAY RANCH, LtC, a Delaware Limited Liability
Company, hereinafter called " Subdivider" with reference to the
facts set forth below, which Recitals constitute a part of this
Agreement;
RECITALS:
WHEREAS, Subdi vider is about to present to the c-i ty
Council of the City of Chula vista for approval and recordation, a
final subdivision map of a proposed subdivision, to be known as
Chula Vista Tract No. 97-02, McMillin Otay Ranch, SPA One, Unit 1
pursuant to the provisions of the Subdivision Map Act of the State
.of California, and in compliance with the provisions of Title 18 of
the Chula vista Municipal Code relating to the filing, approval and
recordation of subdivision map; and,
WHEREAS, the Code provides that before said map is
finally approved by the Council of the City of Chula Vista,
Subdivider must have either installed and completed all of the
public improvements and/or land development work required by the
Code to be installed in subdivisions before final maps of
subdivisions are approved by the Council for purpose of recording
in the Office of the County Recorder of San Diego County, or, as an
alternative thereto, Subdivider shall enter into an agreement with
City, secured by an approved improvement security to insure the
performance of said work pursuant to the requirements of Title 18
of the Chula vista Municipal Code, agreeing to install and
complete, free of liens at Subdivider's own expense, all of the
public improvements and/or land development work required in said
1
JrJ/l-S'
subdivision within a definite period of time prescribed by said
Council, and
WHEREAS, Subdivider is willing in consideration of the
approval and recordation of said map by the Council, to enter into
this agreement wherein it is provided that Subdivider will install
and complete, at Subdivider's own expense, all the public
improvement work required by city in connection with the proposed
subdivision and will deliver to City improvement securities as
approved by the City Attorney, and
WHEREAS, a tentative map of said subdivision has
heretofore been approved, subj ect to certain requirements and
conditions, as contained in Resolution No. 18686, approved on the
3rd day of June, 1997 ("Tentative Map Resolution"); and
WHEREAS, complete plans and specifications for the
construction, installation and completion of said public improve-
ment work have been prepared and submitted to the City Engineer, as
shown on Drawings Nos. 98-675-98-685, on file in the office of the
City Engineer, and
WHEREAS, an estimate of the cost of constructing said
public improvements according to said plans and specifications has
been submitted and approved by the City in the amount of ONE
MILLION SEVEN HUNDRED SIXTEEN THOUSAND TWELVE DOLLARS AND NO CENTS
($1,716,012.00) .
NOW, THEREFORE, IT IS MUTUALLY UNDERSTOOD AND AGREED AS
FOLLOWS:
1. Subdivider, for itself and his successors in
interest, an obligation the burden of which encumbers and runs with
the land, agrees to comply with all of the terms, conditions and
requirements of the Tentative Map Resolution; to do and perform or
cause to be done and performed, at its own expense, without cost to
City, in a good and workmanlike manner, under the direction and to
the satisfaction and approval of the City Engineer, all of the
public improvement and/or land development work required to be done
in and adjoining said subdivision, including the improvements
described in the above Recitals (" Improvement Work"); and will
furnish the necessary materials therefor, all in strict conformity
and in accordance with the plans and specifications, which
documents have heretofore been filed in the Office of the City
Engineer and as described in the above Recitals this reference are
incorporated herein and made a part hereof.
2 . It is expressly understood and agreed that all
monuments have been or will be installed within thirty (30) days
after the completion and acceptance of the Improvement Work, and
that Subdivider has installed or will install temporary street name
signs if permanent street name signs have not been installed.
2
J¡J/J ~?
3. It is expressly understood and agreed that Subdivider
will cause all necessary materials to be furnished and all
Improvement Work required under the provisions of this contract to
be done on or before the· second anniversary date of Council
approval of the Subdivision Improvement Agreement.
4. It is understood and agreed that Subdivider will
perform said Improvement Work as set forth hereinabove, or that
portion of said Improvement Work serving any buildings or
structures ready for occupancy in said subdivision, prior to the
issuance of any certificate of clearance for utility connections
for said buildings or structures in said subdivision, and such
certificate shall not be issued until the city Engineer has
certified in writing the completion of said public improvements or
the portion thereof serving said building or structures approved by
the City; provided, however, that the improvement security shall
not be required to cover the provisions of this paragraph.
5. It is expressly understood and agreed to by
Subdivider that, in the performance of said Improvement Work,
Subdivider will conform to and abide by all of the provisions of
the ordinances of the City of Chula Vista, and the laws of the
State of California applicable to said work.
6. Subdivider further agrees to furnish and deliver to
the City of Chula Vista, simultaneously with the execution of this
agreement, an approved improvement security from a sufficient
surety, whose sufficiency has been approved by the city in the sum
of EIGHT HUNDRED FIFTY-EIGHT THOUSAND SIX DOLLARS AND NO CENTS
($858,006.00) which security shall guarantee the faithful
performance of this contract by Subdivider and is attached hereto,
marked Exhibit "A" and made a part hereof.
7. Subdivider further agrees to furnish and deliver to
the City of Chula Vista simultaneously with the execution of this
agreement, an approved improvement security from a sufficient
surety, whose sufficiency has been approved by the city in the sum
of EIGHT HUNDRED FIFTY-EIGHT THOUSAND SIX DOLLARS AND NO CENTS
($858,006.00) to secure the payment of material and labor in
connection with the installation of said public improvements, which
security is attached hereto, marked Exhibit "B" and made a part
hereof and the bond amounts as contained in Exhibit "B", and made
a part hereof.
8. Subdivider further agrees to furnish and deliver to
the City of Chula Vista, simultaneously with the execution of this
agreement, an approved improvement security from a sufficient
surety, whose sufficiency has been approved by the City in the sum
of THIRTY THOUSAND DOLLARS AND NO CENTS ($30,000) to secure the
installation of monuments, which security is attached hereto,
marked Exhibit "C" and made a part hereof.
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9. It is further agreed that if the Improvement Work is
not completed within the time agreed herein, the sums provided by
said improvement securities ~ay be used by city for the completion
of the Improvement Work within said subdivision in accordance with
such specifications herein contained or referred, or at the option
of the City, as are approved by the city Council at the time of
engaging the work to be performed. Upon certification of
completion by the city Engineer and acceptance of said work by
City, and after certification by the Director of Finance that all
costs hereof are fully paid, the whole amount, or any part thereof
not required for payment thereof, may be released to Subdivider or
its successors in interest, pursuant to the terms of the
improvement security. Subdivider agrees to pay to the City any
difference between the total costs incurred to perform the work,
including design and administration of construction (including a
reasonable allocation of overhead) , and any proceeds from the
improvement security.
10. It is also expressly agreed and understood by the
parties hereto that in no case will the City of Chula Vista, or any
department, board or officer thereof, be liable for any portion of
the costs and expenses of the work aforesaid, nor shall any
officer, his sureties or bondsmen, be liable for the payment of any
sum or sums for said work or any materials furnished therefor,
except to the limits established by the approved improvement
security in accordance with the requirements of the State
Subdivision Map Act and the provisions of Title 18 of the Chula
vista Municipal Code.
11. It is further understood and agreed by Subdivider
that any engineering costs (including plan checking, inspection,
materials furnished and other incidental expenses) incurred by City
in connection with the approval of the Improvement Work plans and
installation of Improvement Work hereinabove provided for, and the
cost of street signs and street trees as required by city and
approved by the City Engineer shall be paid by Subdivider, and that
Subdivider shall deposit, prior to recordation of the Final Map,
with city a sum of money sufficient to cover said cost.
12. It is understood and agreed that until such time as
all Improvement Work is fully completed and accepted by City,
Subdivider will be responsible for the care, maintenance of, and
any damage to, the streets, alleys, easements, water and sewer
lines within the proposed subdivision. It is further understood
and agreed that Subdivider shall guarantee all public improvements
for a period of one year from date of final acceptance and correct
any and all defects or deficiencies arising during said period as
a result of the acts or omission of Subdivider, its agents or
employees in the performance of this agreement, and that upon
acceptance of the work by city, Subdivider shall grant to city, by
appropriate conveyance, the public improvements constructed
pursuant to this agreement; provided. however, that said acceptance
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shall not constitute a waiver of defects by City as set forth
hereinabove.
13. It is understood and agreed that City, as
indemnitee, or any officer or employee thereof, shall not be liable
for any injury to person or property occasioned by reason of the
acts or omissions of Subdivider, its agents or employees, or
indemnitee, related to this agreement. Subdivider further agrees
to protect and hold the City, its officers and employees, harmless
from any and all claims, demands, causes of action, liability or
loss of any sort, because of or arising out of acts or omissions of
Subdivider, its agents or employees, or indemnitee, related to this
agreement; provided, however, that the approved improvement
security shall not be required to cover the provisions of this
paragraph. Such indemnification and agreement to hold harmless
shall extend to damages to adjacent or downstream properties or the
taking of property from owners of such adjacent or downstream
properties as a result of the construction of said subdivision and
the public improvements as provided herein. It shall also extend
to damages resulting from diversion of waters, change in the volume
of flow, modification of the velocity of the water, erosion or
siltation, or the modification of the point of discharge as the
result of the construction and maintenance of drainage systems.
The approval of plans providing for any or all of these conditions
shall not constitute the assumption by city of any responsibility
for such damage or taking, nor shall City, by said approval, be an
insurer or surety for the construction of the subdivision pursuant
to said approved improvement plans. The provisions of this
paragraph shall become effective upon the execution of this
agreement and shall remain in full force and effect for ten (10)
years following the acceptance by the City of the improvements~
14. Subdivider agrees to defend, indemnify, and hold
harmless the City or its agents, officers, and employees from any
claim, action, or proceeding against the City or its agents,
officers, or employees to attack, set aside, void, or annul, an
approval of the city, advisory agency, appeal board, or legislative
body concerning a subdivision, which action is brought within the
time period provided for in section 66499.37 of the Government Code
of the State of California.
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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
Mayor of the City of Chula
Vista
ATTEST
City Clerk
Approved as to form by
City Attorney
(Attach Notary Acknowledgment)
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LIST OF EXHIBITS
Exhibit "A" Improvement Security - Faithful Performance
Form: Bond
Amount: $858,006.00
Exhibit "B" Improvement Security - Material and Labor:
Form: Bond
Amount: $858,006.00
Exhibit "C" Improvement Security - Monuments:
Form: Bond
Amount: $30,000.00
Securities approved as to form and amount by
City Attorney -
Improvement Completion Date: Two (2) years from date of City
Council approval of the Subdivision
Improvement Agreement
H:\home\attorney\sia\MCMil1.1
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Recording Requested by:
CITY CLERK
When Recorded, Mail to:
CITY OF CHULA VISTA
276 Fourth Avenue
Chula Vista, Ca. 91910
No transfer tax is due as this is a conveyance
to a public agency of less than a fee interest
for which no cash consideration has been paid or
received.
Declarant
SUBDIVISION IMPROVEMENT AGREEMENT
THIS AGREEMENT, made and entered into this day of
, 199__, by and between THE CITY OF CHULA VISTA, a
municipal corporation, hereinafter called "City", and McMILLIN OTAY
RANCH, LLC. a Delaware Limited Liability Company formerly known as
McMILLIN-D.A. AMERICA OTAY RANCH, LLC, a Delaware Limited Liability
Company, 2727 Hoover Avenue, National city, California
91950, hereinafter called "Subdivider" with reference to the facts
set forth below, which Recitals constitute a part of this
Agreement;
RECITALS:
WHEREAS, Subdivider is about to present to the City Council of
the city of Chula vista for approval and recordation, a final
subdivision map of a proposed subdivision, to be known as Chula
Vista Tract No. 97-02, McMillin Otay Ranch, SPA One, Phase One,
Unit 4 pursuant to the provisions of the Subdivision Map Act of the
State of California, and in compliance with the provisions of Title
18 of the Chula Vista Municipal Code relating to the filing,
approval and recordation of subdivision map; and,
WHEREAS, the Code provides that before said map is finally
approved by the Council of the city of Chula vista, Subdivider must
have either installed and completed all of the public improvements
and/or land development work required by the Code to be installed
in subdivisions before final maps of subdivisions are approved by
the Council for purpose of recording in the Office of the County
Recorder of San Diego County, or, as an alternative thereto,
Subdivider shall enter into an agreement with City, secured by an
approved improvement security to insure the performance of said
work pursuant to the requirements of Title 18 of the Chula Vista
Municipal Code, agreeing to install and complete, free of liens at
Subdivider's own expense, all of the public improvements and/or
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land development work required in said subdivision within a
definite period of time prescribed by said Council, and
WHEREAS, Subdivider is willing in consideration of the
approval and recordation of said map by the Council, to enter into
this agreement wherein it is provided that Subdivider will install
and complete, at Subdivider's own expense, all the public
improvement work required by City in connection with the proposed
subdivision and will deliver to City improvement securities as
approved by the City Attorney, and
WHEREAS, a tentative map of said subdivision has heretofore
been approved, subject to certain requirements and conditions, as
contained in Resolution No. 18686, approved on the 3rd day of June,
1997 ("Tentative Map Resolution"); and
WHEREAS, complete plans and specifications for the
construction, installation and completion of said public improve-
ment work have been prepared and submitted to the City Engineer, as
shown on Drawings Nos. 98-525 through 98-533, on file in the office
of the City Engineer, and
WHEREAS, an estimate of the cost of constructing said public
improvements according to said plans and specifications has been
submitted and approved by the city in the amount of ONE MILLION
EIGHT THOUSAND NINE HUNDRED SEVENTY DOLLARS AND NO CENTS
($1,008,970.00) .
NOW, THEREFORE, IT IS MUTUALLY UNDERSTOOD AND AGREED AS
FOLLOWS:
1. Subdivider, for itself and his successors in interest, an
obligation the burden of which encumbers and runs with the land,
agrees to comply with all of the terms, conditions and requirements
of the Tentative Map Resolution; to do and perform or cause to be
done and performed, at its own expense, without cost to City. in a
good and workmanlike manner, under the direction and to the
satisfaction and approval of the city Engineer, all of the public
improvement and/or land development work required to be done in and
adjoining said subdivision, including the improvements described in
the above Recitals (" Improvement Work"); and will furnish the
necessary materials therefor, all in strict conformity and in
accordance with the plans and specifications, which documents have
heretofore been filed in the Office of the City Engineer and as
described in the above Recitals this reference are incorporated
herein and made a part hereof.
2. It is expressly understood and agreed that all monuments
have been or will be installed within thirty (30) days after the
completion and acceptance of the Improvement Work, and that
Subdivider has installed or will install temporary street name
signs if permanent street name signs have not been installed.
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3. It is expressly understood and agreed that Subdivider will
cause all necessary materials to be furnished and all Improvement
Work required under the provisions of this contract to be done on
or before the second anniversary date of Council approval of the
Subdivision Improvement Agreement.
4. It is understood and agreed that Subdivider will perform
said Improvement Work as set forth hereinabove, or that portion of
said Improvement Work serving any buildings or structures ready for
occupancy in said subdivision, prior to the issuance of any
certificate of clearance for utility connections for said buildings
or structures in said subdivision, and such certificate shall not
be issued until the City Engineer has certified in writing the
completion of said public improvements or the portion thereof
serving said building or structures approved by the City; provided,
however, that the improvement security shall not be required to
cover the provisions of this paragraph.
5. It is expressly understood and agreed to by Subdivider
that, in the performance of said Improvement Work, Subdivider will
conform to and abide by all of the provisions of the ordinances of
the City of Chula Vista, and the laws of the State of California
applicable to said work.
6. Subdivider further agrees to furnish and deliver to the
City of Chula vista, simultaneously with the execution of this
agreement, an approved improvement security from a sufficient
surety, whose sufficiency has been approved by the City in the sum
of FIVE HUNDRED FOUR THOUSAND FOUR HUNDRED EIGHT-FIVE DOLLARS AND
NO CENTS ($504,485.00) which security shall guarantee the faithful
performance of this contract by Subdivider and is attached hereto,
marked Exhibit "An and made a part hereof.
7. Subdivider further agrees to furnish and deliver to the
City of Chula Vista simultaneously with the execution of this
agreement, an approved improvement security from a sufficient
surety, whose sufficiency has been approved by the City in the sum
of FIVE HUNDRED FOUR THOUSAND FOUR HUNDRED EIGHT-FIVE DOLLARS AND
NO CENTS ($504,485.00) to secure the payment of material and labor
in connection with the installation of said public improvements,
which security is attached hereto, marked Exhibit "B" and made a
part hereof and the bond amounts as contained in Exhibit "B", and
made a part hereof.
8. Subdivider further agrees to furnish and deliver to the
city of Chula vista, simultaneously with the execution of this
agreement, an approved improvement security from a sufficient
surety, whose sufficiency has been approved by the City in the sum
of TWENTY ONE THOUSAND TWO HUNDRED EIGHTY DOLLARS AND NO CENTS
($21,280.00) to secure the installation of monuments, which
security is attached hereto, marked Exhibit "C" and made a part
hereof.
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9. It is further agreed that if the Improvement Work is not
completed within the time agreed herein, the sums provided by said
improvement securities may be 'used by City for the completion of
the Improvement Work within said subdivision in accordance with
such specifications herein contained or referred, or at the option
of the City, as are approved by the City Council at the time of
engaging the work to be performed. Upon certification of
completion by the city Engineer and acceptance of said work by
City, and after certification by the Director of Finance that all
costs hereof are fully paid, the whole amount, or any part thereof
not required for payment thereof, may be released to Subdivider or
its successors in interest, pursuant to the terms of the
improvement security. Subdivider agrees to pay to the city any
difference between the total costs incurred to perform the work,
including design and administration of construction (including a
reasonable allocation of overhead) . and any proceeds from the
improvement security.
10. It is also expressly agreed and understood by the parties
hereto that in no case will the City of Chula vista, or any
department, board or officer thereof, be liable for any portion of
the costs and expenses of the work aforesaid, nor shall any
officer, his sureties or bondsmen, be liable for the payment of any
sum or sums for said work or any materials furnished therefor,
except to the limits established by the approved improvement
security in accordance with the requirements of the State
Subdivision Map Act and the provisions of Title 18 of the Chula
Vista Municipal Code.
11. It is further understood and agreed by Subdivider that
any engineering costs (including plan checking, inspect̀m,
materials furnished and other incidental expenses) incurred by City
in connection with the approval of the Improvement Work plans and
installation of Improvement Work hereinabove provided for, and the
cost of street signs and street trees as required by City and
approved by the City Engineer shall be paid by Subdivider, and that
Subdivider shall deposit, prior to recordation of the Final Map,
with city a sum of money sufficient to cover said cost.
12. It is understood and agreed that until such time as all
Improvement Work is fully completed and accepted by City,
Subdivider will be responsible for the care, maintenance of, and
any damage to, the streets, alleys, easements, water and sewer
lines within the proposed subdivision. It is further understood
and agreed that Subdivider shall guarantee all public improvements
for a period of one year from date of final acceptance and correct
any and all defects or deficiencies arising during said period as
a result of the acts or omission of Subdivider, its agents or
employees in the performance of this agreement, and that upon
acceptance of the work by City, Subdivider shall grant to City, by
appropriate conveyance, the public improvements constructed
pursuant to this agreement; provided, however, that said acceptance
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shall not constitute a waiver of defects by City as set forth
hereinabove.
13. It is understood and agreed that City, as indemnitee, or
any officer or employee thereof, shall not be liable for any injury
to person or property occasioned by reason of the acts or omissions
of Subdivider, its agents or employees, or indemnitee, related to
this agreement. Subdivider further agrees to protect and hold the
City, its officers and employees, harmless from any and all claims,
demands, causes of action, liability or loss of any sort, because
of or arising out of acts or omissions of Subdivider, its agents or
employees, or indemnitee, related to this agreement; provided,
however, that the approved improvement security shall not be
required to cover the provisions of this paragraph. Such
indemnification and agreement to hold harmless shall extend to
damages to adjacent or downstream properties or the taking of
property from owners of such adjacent or downstream properties as
a result of the construction of said subdivision and the public
improvements as provided herein. It shall also extend to damages
resulting from diversion of waters, change in the volume of flow,
modification of the velocity of the water, erosion or siltation, or
the modification of the point of discharge as the result of the
construction and maintenance of drainage systems. The approval of
plans providing for any or all of these conditions shall not
constitute the assumption by City of any responsibility for such
damage or taking, nor shall city, by said approval, be an insurer
or surety for the construction of the subdivision pursuant to said
approved improvement plans. The provisions of this paragraph shall
become effective upon the execution of this agreement and shall
remain in full force and effect for ten (10) years following the
acceptance by the City of the improvements. -
14. Subdivider agrees to defend, indemnify, and hold harmless
the City or its agents, officers, and employees from any claim,
action, or proceeding against the city or its agents, officers, or
employees to attack, set aside, void, or annul, an approval of the
city, advisory agency, appeal board, or legislative body concerning
a subdivision, which action is brought within the time period
provided for in Section 66499.37 of the Government Code of the
State of California.
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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
V;'a ß<~ld~YI f
Mayor of the city of Chula
Vista
ATTEST
City Clerk
Approved as to form by
City Attorney
(Attach Notary Acknowledgment)
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personally appeared C~i T plJ Ku (),..('(\ 0. 0...", tÁ. R-o I?-<' (t- It ~ <:.f'c..Í'I er
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subscrmed to the within Instrumem ana aCKnowleagea to me tnat m" "I ,~ithey executed the same
In ~'thelr authorized capacltyllesl. ana thaI by ~ithelr slgnature(s) on the instruf]1ent the
personlsl or the entity upon benalt af whlcn the personlS) actea. executed the Instrument.
WITNESS my hana and official seat
Signature ~"r\ æ~
-------------1
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~@ COMM.# 1125049 z
en .~. NOTARY PUBLIVCALlFORNIA ~
Z SAN DIEGO. CA -
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~ 3i¿,,,, .:;~ ~r::clal nc:ar,d, ~1..:".
! Title of Document I
I Date of Document No. ot Pages I
i Other signatures not acknowleagec i
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300B 11 '9':\ ¡General!
'::Irst Amenc.:\r; TI!le InS!lranC'l' Cornoany
LIST OF EXHIBITS
Exhibit "All Improvement Security - Faithful Performance
Form: Bond
Amount: $504,485.00
Exhibit "B" Improvement Security - Material and Labor:
Form: Bond
Amount: $504,485.00
Exhibit lIC" Improvement Security - Monuments:
Form: Bond
Amount: $21,280.00
Securities approved as to form and amount by
City Attorney -
Improvement Completion Date: Two (2) years from the date of city
Council approval of the Subdivision
Improvement Agreement
H:\home\attorney\sia\MCMill.4
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--"- --" ~--,. __ _"_ .____..._..uo.____._____,.,,__.._..
RECORDING REQUESTED BY: )
)
City Clerk )
)
WHEN RECORDED MAIL TO: )
)
CITY OF CHULA VISTA )
276 Fourth Avenue )
Chula vista, CA 91910 )
)
No transfer tax is due as this is a )
conveyance to a public agency of )
less than a fee interest for which )
no cash consideration has been paid )
or received. )
)
)
)
Developer )
)
)
Above Space for Recorder's Use
SUPPLEMENTAL SUBDIVISION IMPROVEMENT AGREEMENT
FIRST FINAL "B" MAP FOR McMILLIN OTAY RANCH,
SPA ONE, PHASE ONE (UNIT ONE (1) AND
UNIT FOUR (4) )
(Conditions 1, 3, 4, 6, 7, 16, 17, 21, 22c,
25, 29, 30, 73, 74, 76c, 83, 87,
96a, 96b, 96c, 96d, 96e, 97f, 96g, 97a,
97b, 100, 103, 107, 109, 114, 115, 116,
117, 118 and 123 of Resolution No. 18686)
This Supplemental Subdivision Improvement Agreement
("Agreement" ) is made this _ day of , 199 , by and
between THE CITY OF CHULA VISTA, California ("City" or I1Granteel1
for recording purposes only) and McMILLIN OTAY RANCH, LLC, a
Delaware Limited Liability Company formerly known as McMillin-D.A.
AMERICA OTAY RANCH, LLC, a Delaware Limited Liability Company,
( "Developer" or "Grantor"), with reference to the facts set forth
below, which recitals constitute a part of this Agreement:
RECITALS
A. This Agreement concerns and affects certain real property
located in Chula Vista, California, more particularly described on
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Exhibit "A" attached hereto and incorporated herein ("Property").
The Property is part of a master planned development commonly known
as the McMillin Otay Ranch SPA One, Phase One proj ect. For
purposes of this Agreement the term "Project" shall mean
"Property" .
B. The City has approved, by Resolution No. 18686
("Resolution"), a Tentative Subdivision Map commonly referred to as
Chula Vista Tract 97-02 ("Tentative Subdivision Map") for the
subdivision of the Property subject to certain conditions as more
particularly described in the Resolution. The conditions are
attached hereto as Schedule "1".
C. Developer has applied for a final map for a portion of
the Property, more specifically known as unit 1 and unit 4. City
is willing, on the premises, security, terms and conditions herein
contained to approve a final map for units 1 and 4 as being in
substantial conformance with the Tentative Subdivision Map
described in this Agreement. Developer understands that subsequent
final maps may be subject to the same security, terms and
conditions contained herein.
D. The following defined terms shall have the meaning set
forth herein, unless otherwise specifically indicated:
a. "Final Map" means final map for units 1 and 4 of the
McMillin Otay Ranch, SPA One, Phase One as described on Exhibit "A-
ll! .
b. "commencing construction" means when a construction
permit or other such approval has been obtained from the City or a
construction contract has been awarded for the improvement,
whichever occurs first.
c. "complete construction" means when construction on an
improvement has been completed and the city has accepted the
improvement.
d. "guest builder" means those entities obtaining any
interest in the Property or a portion of the Property after this
Final Map has been recorded.
e. "Owner" or "Developer" mans the person, persons, or
entity having a legal or equitable interest in the Property, or
parts thereof, and includes Developer's successors-in-interest and
assigns.
f. "PFFP" means the SPA I Public Facilities Financing
Plan adopted by Resolution No. 18286, amended on October 6, 1998 by
Resolution No. 19201 and as may be amended from time to time.
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g. "RMP 2 Phase 2" means the Otay Ranch Resource
Management Plan, Phase 2, approved by the City Council on June 4,
1996, as may be amended from time to time.
h. "A Map Agreement" means the Supplemental Subdivision
Improvement Agreement for the McMillin Otay Ranch SPA One, Phase
One "A" Map adopted by Resolution No. 19080.
NOW, THEREFORE, in exchange for the mutual covenants, terms
and conditions herein contained, the parties agree as set forth
below.
l. Agreement Applicable to Subsequent Owners.
a. Agreement Binding Upon Successors. This Agreement
shall be binding upon and inure to the benefit of the successors,
assigns and interests of the parties as to any or all of the
Property, as described on Exhibit "A", until released by the mutual
consent of the parties.
b. Agreement Runs with the Land. The burden of the
covenants contained in this Agreement ("Burden" ) is for the benefit
and Burden of the Property and the city, its successors and assigns
and any successor in interest thereto. city is deemed the
beneficiary of such covenants for and in its own right and for the
purposes of protecting the interest of the community and other
parties public or private, in whose favor and for whose benefit of
such covenants running wi th the land have been provided without
regard to whether city has been, remained or are owners of any
particular land or interest therein. If such covenants are
breached, the City shall have the right to exercise all rights and
remedies and to maintain any actions or suits at law or in equity
or other proper proceedings to enforce the curing of such breach to
which it or any other beneficiaries of this agreement and the
covenants may be entitled.
c. Developer Release on Guest Builder Assignments. If
Developer assigns any portion of the Project to a guest builder,
Developer may request to be released from Developer's obligations
under this Agreement, that are expressly assumed by the guest
builder; provided Developer obtains the prior written consent of
the City to such release. Such assignment to the guest builder
shall, however, be subject to this Agreement and the Burden of this
Agreement shall remain a covenant running with the land. The City
shall not withhold its consent to any such request for a release so
long as the assignee acknowledges that the Burden of the Agreement
runs with the land, assumes the obligations of the Developer under
this Agreement, and demonstrates, to the satisfaction of the City,
its ability to perform its obligations under this Agreement as it
relates to the portion of the Project which is being acquired by
the Assignee.
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d. Partial Release of Developer's Assignees. If
Developer assigns any portion of the Project subject to the Burden
of this Agreement, upon request by the Developer or its assignee,
the City shall release the assignee of the Burden of this Agreement
as to such assigned portion if such portion has complied with the
requirements of this Agreement to the satisfaction of the City and
such partial release will not, in the opinion of the City,
jeopardize the likelihood that the remainder of the Burden will not
be completed.
e. Release of Individual Lots. Upon conveyance of a
residential lot to a buyer of an individual housing unit, Developer
may have the right to obtain a release for such lot from the
Developer's obligations under this Agreement, provided Developer
obtains the prior written consent of the City to such release. The
City shall not withhold its consent to such release so long as the
City finds that the Developer is in compliance with the terms of
this Agreement and that such partial release will not jeopardize
the City's assurance that the obligations set forth in this
Agreement will be performed.
2. Condition No. 1 - (General Preliminary). In
satisfaction of Condition NO.1 of the Resolution, Developer hereby
agrees, to comply with the requirements and guidelines of the
Parks, Recreation, Open Space and Trails Plan, PFFP, Ranch Wide
Affordable Housing Plan, SPA One Affordable Housing Plan, and the
Non-Renewable Energy Conservation Plan, as may be amended from time
to time, and shall remain in compliance with and implement the
terms, conditions and provisions of said documents.
3. Condition No. 3 - (General Preliminary). In satisfaction
of Condition No. 3 of the Resolution, Developer agrees that if any
of the terms, covenants or conditions contained within the
Resolution shall fail to occur or if they are, by their terms, to
be implemented and maintained over time, if any of such conditions
fail to be so implemented and maintained according to their terms,
the City shall have the right to deny the issuance of building
permits for the Project, deny, or further condition the subsequent
approvals that are derived from the approvals herein granted,
institute and prosecute litigation to compel their compliance with
said conditions or seek damages for their violation. The applicant
shall be notified ten (10) days in advance prior to any of the
above actions being taken by the City and shall be given the
opportunity to remedy any deficiencies identified by the City
within a reasonable period of time.
4. Condition No.4 - (General Preliminary). In satisfaction
of Condition NO.4 of the Resolution, Developer hereby agrees, that
Developer shall comply with all the applicable SPA conditions of
approval.
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5. Conditions No.6 - (Environmental). In satisfaction of
Condition No.6, the Developer agrees to implement all applicable
mitigation measures identified in EIR 95-01, the CEQA Findings of
Fact for this Project and the Mitigation Monitoring and Reporting
Program.
6. Condition No. 7 - (Environmental). In satisfaction of
Condition No.7, Developer agrees:
a. Cash deposit. Developer understands and agrees that
mitigation of the environmental impacts caused by development
within the Project, requires conveyance of land to the Preserve
Owner Manager or the payment of an in-lieu fee, in accordance with
the requirements of the RMP Phase 2, and other related documents.
Developer does not currently own land required to be conveyed to
the Preserve Owner Manger, but wishes to obtain approval of the
Final Map before an In-lieu fee has been adopted by the City,
Therefore, Developer agrees to deposit cash with the City in the
amount of $270,056 ("Cash Deposit") concurrent with execution of
this Agreement. (The City agrees to retain the Cash Deposit in a
separate fund account in accordance with the provisions contained
in this paragraph.) The Cash Deposit represents an estimate of the
cash equivalent of the Final Map's conveyance obligation that is
identified in the RMP Phase 2. Developer understands and agrees
that Developer's conveyance obligation is calculated by including
development areas, streets, open space lots, paseos, pedestrian
parks and slope areas shown on both thE;! SPA I, Phase I "A" Map and
the Final Map (Units 1 and 4) .
b. Purchase Land. Developer further agrees to use its
best efforts to purchase real property, identified in the
Conveyance Plan of the RMP Phase 2 ("Land"), within 18 months after
the date of this Agreement, in an amount equivalent to the Final
Map's conveyance obligation, identified in the RMP Phase 2 and as
may be amended from time to time. Upon the request of the
Developer, city agrees to place the Cash Deposit, into an escrow
account for the purchase of the Land within 20 days of Developer's
request; provided, however, the City has approved the purchase of
the Land as complying with the criteria of the RMP Phase 2.
Notwithstanding the foregoing, Developer understands and agrees
that if the City so determines or is required by court order or by
some other state, federal or local agency to use the Cash Deposit
to purchase real property or to deliver said funds to the Preserve
Owner Manager to satisfy the Final Map's land conveyance
obligation, the city shall not be required to place the Cash
Deposit into the escrow account. If this should occur, the
Developer shall no longer be required to use its best efforts to
purchase the Land.
c. Payment of Any Difference. If the Developer does not
buy the Land within 18 months after the date of this Agreement
and/or Cash Deposit is used by the City or the Preserve Owner
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Manager to purchase or condemn real property to meet the
Developer's land conveyance obligation for the Final Map, the
Developer agrees to pay the difference between the costs incurred
by the City or the Preserve Owner Manager, including administrative
costs, escrow and attorney fees, and the Cash Deposit that has been
provided by the Developer.
d. Fee Title. If Developer purchases the Land,
Developer agrees to deliver, no later than 18 months after the date
of this Agreement, fee title to the Land to the City and County of
San Diego as joint tenants approved by the Preserve Owner manager,
and free and clear of liens or encumbrances, except for easements
for existing public infrastructure and easements for planned public
infrastructure as permitted in the RMP Phase 2.
7. Condition No. 16 and 17 - Public Street Improvements. In
partial satisfaction of Condition Nos. 21 and 22 of the Resolution,
the Developer agrees to the following:
a. Improvement Work. Developer agrees to construct the
street improvements and land development work described on Exhibit
"B" ("Street Improvements"), at its own expense, without any cost
to the City, in a good and workmanlike manner, under the direction
and to the satisfaction and approval of the City Engineer.
Developer further agrees to furnish the necessary materials
therefor, all in strict conformity and in accordance with the plans
and specifications to be approved by the City Engineer. Developer
shall complete construction of the Street Improvements on or before
the second anniversary date of Council approval of this Agreement.
It is expressly understood and agreed to by Developer that, in the
performance of construction of said Street Improvements, Developer
shall conform to and abide by all of the provisions of the
ordinances of the city of Chula vista, and the laws of the State of
California applicable to said work.
b. Bonding.
i. Developer agrees to furnish and deliver to the City
of Chula Vista, simultaneously with the execution of this
Agreement, and to thereafter maintain until City acceptance of the
work referenced herein, an approved improvement security from a
sufficient surety, whose sufficiency has been approved by the city
in the sums as set forth on Exhibit liB II , which security shall
guarantee the faithful performance in connection with the
installation of the Street Improvements as shown on Exhibit liE II .
ii. Developer agrees to furnish and deliver to the City
of Chula vista simultaneously with the execution of this Agreement,
and to thereafter maintain until city acceptance of the work
referenced herein, an approved improvement security from a
sufficient surety, whose sufficiency has been approved by the City
in the sums as set forth on Exhibit IIBII to secure the payment of
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material and labor in connection with the installation of said
Street Improvements, which security is shown on Exhibit "B".
iii. Developer acknowledges and agrees that if the
Street Improvements are not completed within the time agreed
herein, the sums provided by said improvement securities may be
used by City for the completion of the Street Improvements in
accordance with those approved plans and specifications approved by
the city, or at the option of the City, for those improvements
shown on Exhibit "B" that are less than, but not greater to, the
sums provided by said improvement securities. Upon certification
of completion by the City Engineer and acceptance of said work by
City, and after certification by the Director of finance that all
costs hereof are fully paid, the whole amount, or any part thereof
not required for payment thereof, may be released to the Developer
or its successors in interest, pursuant to the terms of the
improvement security. Developer agrees to pay to the city any
difference between the total costs incurred to perform the work,
including limited and reasonable design and administration of
construction in substantial conformance with the approved plans
(including a reasonable allocation of overhead), and any proceeds
from the improvement security.
c. Developer's Costs and Expenses. It is also expressly
agreed and understood by the parties hereto that in no case will
the city of Chula vista, or any department, board or officer
thereof, be liable for any portion of the costs and expenses of the
work aforesaid, nor shall the City or the City's officer, sureties
or bondsmen, be liable for the payment of any sum or sums for said
work or any materials furnished therefor.
d. Plan Check Fees and Additional Costs. It is further
understood and agreed by Developer that any engineering costs
(including plan checking, inspection, materials furnished and other
incidental expenses) incurred by City in connection with the
approval of the Street Improvement's plans and installation of
Street Improvements described above, as required by City and
approved by the City Engineer shall be paid by Developer, and that
Developer shall deposit, prior to recordation of the Final Map,
with City a sum of money sufficient to cover said cost.
e. Maintenance Costs. Developer understands and agrees
that until such time as all of the Street Improvements as covered
by any particular bond are fully completed and accepted by City,
Developer shall be responsible for the care, maintenance of, and
any damage to said improvements. It is further understood and
agreed that Developer shall guarantee all of the Street
Improvements for a period of one year from date of final acceptance
and correct any and all defects or deficiencies arising during said
period as a result of the acts or omission of Developer, its agents
or employees in the performance of this Agreement, and that upon
acceptance of the work by City, Developer shall grant to City, by
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appropriate conveyance, the public improvements constructed
pursuant to this Agreement; provided, however, that said acceptance
shall not constitute a waiver of defects by city as set forth
hereinabove.
f. Indemnification. Developer further understands and
agrees that city, as indemnitee, or any officer or employee
thereof, shall not be liable for any injury to person or property
occasioned by reason of the acts or omissions of Developer, its
agents or employees, or indemnitee, related to the construction of
the Street Improvements; the approved improvement securities
referred to above shall not cover the provisions of this paragraph,
Such indemnification and agreement to hold harmless shall extend to
damages to adjacent or downstream properties or the taking of
property from owners of such adjacent or downstream properties as
a result of the construction of said Street Improvements as
provided herein. It shall also extend to damages resulting from
diversion of waters, change in the volume of flow, modification of
the velocity of the water, erosion or siltation, or the
modification of the point of discharge as the result of the
construction and maintenance of the Street Improvements and the
drainage systems. The approval of plans for the Street
Improvements and related improvements shall not constitute the
assumption by city of any responsibility for such damage or taking,
nor shall City, by said approval, be an insurer or surety for the
construction of the Street Improvements and related improvements.
The provisions of this paragraph shall become effective upon the
execution of this Agreement and shall remain in full force and
effect for ten (10) years following the acceptance by the City of
the Street Improvements.
8. Condition Nos. 21 - (street Trees). In partial
satisfaction of Condition No. 21 of the Resolution, Developer, upon
request of the Director of Planning and Building, shall plant trees
within all street parkways and/or easement areas which have been
selected from the revised list of appropriate tree species
described in the village Design Plan which shall be approved by the
Directors of Planning and Public Works. The applicant shall
provide root control methods per the requirements of the Director
of Planning and Building and a deep watering irrigation system for
the trees. An irrigation system shall be provided from each
individual lot to the adjacent parkway. Developer shall submit a
separate street tree improvement plan which includes the final
selection of trees, the location of trees within the parkway, and
in relation to water laterals, sewer laterals, dry utilities,
driveways, inlets and pedestrian ramps, for the approval by the
Director of Planning and Building and the city Engineer within
twenty (20 ) days of the approval of the Final Map. Developer
understands that the City may withhold the issuance of building
permits within the Final Map if the street tree improvement plan is
not submitted within said twenty (20 ) day period. Developer
further agrees to install landscaping improvements in the open
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space areas in accordance with Landscaping Plans to be approved by
the City. Developer shall complete installation of said
improvements on the second anniversary of the city's issuance of
grading permit that contain such improvements.
9. Condition Nos. 22c and 100b - (Pedestrian Bridges) . In
satisfaction of Condition Nos. 22c and 100b of the Resolution,
Developer acknowledges and agrees that by the provisions of this
paragraph, City is not waiving developer's obligation as set forth
in the "A" Map Agreement and that City retains the right to require
Developer to provide cash or security to guarantee the pedestrian
bridges as more particularly set forth in the "A" Map Agreement.
Developer further acknowledges and agrees that the "pedestrian
bridge" concept is an integral element of the Otay Ranch's Village
Design Plan. Developer has requested that a Development Impact Fee
("DIF") be established to finance the construction of the
pedestrian bridges. In partial satisfaction of Condition Nos. 22c
and 100b of the Resolution, developer hereby agrees that concurrent
with execution of this Agreement, the Developer shall provide the
city with cash equal to $124,000.00, which is the amount equal to
the estimated DIF amount of $600.00 per dwelling unit contained
within the Final Map, and as set forth in Exhibit IICU. For
purposes of this paragraph, "dwelling unit" refers to a numbered
lot on the Final Map. This represents the Final Map's fair share
of the cost of construction of the pedestrian bridges connecting
Villages One to Two, Villages One to Five, and Villages Five to
Six. If a DIF mechanism is adopted by the City Council which is
less than $600.00 per dwelling unit, once the statutory period for
challenging the DIF has expired without a challenge to the DIF, the
city agrees to refund the Developer the difference between the cash
paid by the Developer as provided herein and the actual DIF
requirement for the Final Map. If the amount of the DIF is more
than $600.00 per dwelling unit, Developer agrees to pay the
difference between the higher DIF adopted by the City and the
amount paid herein. Developer may pay said difference prorated
with each building permit remaining to be issued for the Final Map
or should no further building permits be required for the Final
Map, payment shall be in total within five days of city's request
for payment. Developer further understands and agrees that the
City may use the funds so collected to refund any developer who
constructs the pedestrian bridges.
Developer acknowledges that if no DIF mechanism is established
for any reason, the City has the right to retain the cash deposit
to use for the construction of said pedestrian bridges and that
Developer shall pay the City any difference between the Final Map's
fair share of the actual total costs incurred to construct the
pedestrian bridges and the amount paid herein. Developer further
understands and agrees that the City may use the funds so collected
to refund any developer who constructs the pedestrian bridges.
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Developer understands and agrees that subsequent final maps
within the Property may require further compliance with Condition
Nos. 22c and 100b including paying a like amount in accordance with
the provisions of this paragraph or bonding for said pedestrian
bridges.
10. Condition No. 25 - (ADA Standards) In satisfaction of
Condition No. 25 of the Resolution, the Developer agrees that in
the event the Federal Government adopts ADA standards for street
rights-of-way which are in conflict with the existing standards and
approvals of the city, Developer shall be required to comply with
the new ADA standards adopted by the federal government. Al!
City's approvals conflicting with new federal standards shall be
updated to reflect those standards. Unless otherwise required by
federal law, City ADA standards may be considered vested, as
determined by Federal regulations, only after construction has
commenced on such improvements.
11. Condition No. 29 - (Driveway Setback) . In satisfaction
of Condition No. 29 of the Resolution, except as provided for in
the Planned Community District Regulations or approved by the City
Engineer and the Director of Planning and Building, the Developer
shall submit a site plan, for the City's approval, of all
properties fronting on cul-de-sac streets which are 150 feet or
less in length. The site plan shall indicate: (1) a nineteen
and one-half foot setback on the driveways from the property line
to the garage, and (2) sectional roll-up type garage doors at all
such properties.
12. Condition No. 30 - (Encroachment Permit) . In partial
satisfaction of Condition No. 30 of the Resolution, the Developer
agrees to obtain an encroachment permit prior to installation of
all private facilities within the public right-of-way.
13 . Condition No. 73 - (Community Parks) . In satisfaction of
Condition No. 73 of the Resolution, the Developer agrees to pay PAD
fees for a community park based upon a formula of 1 acre per 1,000
residents, in accordance with the formula established by the Park
Acquisition Development Ordinance, Municipal Code section 17.10 et
seq. ("PADO") .
a. Payment within 60 Days. Notwithstanding the
foregoing, with respect to the Final Map, Developer agrees to pay,
in cash, the PAD fees for the community park based upon a formula
established by the PADO of 1 acre per 1,000 residents ("PAD Fees"),
no later than 60 days after the Final Map has been approved by the
city Council. Developer has provided the city concurrent with
execution of this agreement, an improvement security or a letter of
credit, from a sufficient surety approved by the City and in a form
approved by the City Attorney, to guarantee Developer's payment of
the PAD Fees within 60 days. Developer acknowledges and agrees
that if the PAD Fees are not paid within the time agreed herein,
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the sums provided by the improvement security or the letter of
credit may be used by the City to fulfill Developer's PAD Fee
obligation.
b. Interest Payment. In accordance with Municipal
Code Section 17.10.100, Developer further agrees to provide the
City with an interest payment, on the PAD Fees, equal to the
following; commencing from the date of Final Map approval for the
Project, at the City's average earning rates, computed and
compounded quarterly, experienced by the city on its average
investments, as determined by the City ("Base Interest Rate") for
the first 60 days after said map approval, and thereafter at the
Base Interest Rate plus two percentage points until paid, together
with any attorney fees and costs incurred in enforcing this
provision.
c. withhold Building Permits. Notwithstanding any
other provision of law, City may withhold final or interim
inspection of units for which building permits may have been issued
and may withhold issuance of additional building permits,
certificates of occupancy, if applicable or any other processing of
entitlement within the Final Map, until the required fees are
received by the City, including the interest payment.
14. Condition No. 76c - (MHOA). In satisfaction of Condition
No. 76c of the Resolution, the Developer agrees to the following:
a. Establishment of MHOA. The Developer agrees to
create a Master Homeowner's Association ("MHOA") to own and/or
maintain in a professional manner, open space areas, medians, or
parkways within the Project which are not maintained by the
Community Facility District or the City (referred to collectively
as "open space areas"). Developer shall complete the formation of
the MHOA prior to making application for the first building permit
for any units within the Project excluding sales offices and model
homes on the condition that the sales offices and model homes are
not sold prior to the Developer's compliance with the provisions of
this paragraph. Developer agrees that the City has the right to
withhold issuance of any building permits for the Project if no
MHOA is established to maintain the Open Space Areas or the city
has not approved the final version filed with the Department of
Real Estate of the MHOA's Declaration of Conditions, Covenants, and
Restrictions ("CC&R' s"). Any revisions to such CC&R's shall be
approved by the city.
b. HOA Documentation. On or before 60 days from the
date of Council approval of this Agreement, Developer shall submit
for City's approval the CC&R's, grant of easements and maintenance
agreements, in the form shown on Exhibit "D" and other appropriate
documentation, describing the maintenance standards and
responsibility of the MHOA's for the Open Space Areas within the
Property. Developer acknowledges that the MHOA's maintenance of
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the open space may expose the city to liability. Developer agrees
to establish an MHOA that will hold the City harmless from any
negligence of the MHOA in the maintenance of such open space areas.
The MHOA shall be structured to allow annexation of future
tentative map areas in the event the City Engineer and Director of
Planning require such annexation of future tentative map areas.
c. CC&R Provisions. Developer agrees to include the
following provisions within the MHOA's CC&R's:
l. The MHOA has the obligation to maintain all the
facilities and improvements within the open space lots
rejected by the city.
2 . Before any revisions to provisions of the
CC&R's that may affect the city can become effective, said
revisions shall be approved by the city.
3 . The MHOA shall indemnify and hold the City
harmless from any claims, demands, causes of action liability or
loss related to or arising from the maintenance activities of the
MHOA.
4 . The MHOA shall not seek to be released by the
city from the maintenance obligations described herein without the
prior consent of the city and 100 percent of the holders of first
mortgages or property owners within the MHOA.
5. The MHOA is required to procure and maintain a
policy of comprehensive general liability insurance written on a
per occurrence basis in an amount not less than one million dollars
combined single limit.
d. Notice to Buyers.
l. Developers agree to provide all buyers of lots
within the Project that adjoins open space areas with a statement
when purchasing their homes that informs said buyers that they
cannot modify, supplement or encroach onto the open space lots.
2. Developers further agree to inform all buyers
of lots within the Project that fronts residential streets when
purchasing their homes that:
i. The buyer will be responsible for the
maintenance of the landscaping improvements located between the
curb and the sidewalk (excluding City approved trees) .
H. Any tree planted between the curb and
the sidewalk cannot be replaced or removed without the approval of
the City.
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e. Approval of CC&R' s. The City shall not
unreasonably withhold its approval of the CC&R's or other said
documentation. Any amendment to these documents shall be submitted
to the city for the city's approval prior to becoming effective.
15. Condition No. 83 - (Public Facilities Development Impact
Fee). Developer has requested that the City allow satisfaction of
Condition No. 83 of the Resolution be continued until such time as
the City completes and approves the Public Facilities Development
Impact Fee ("PFDIF") Program revisions. In order for the City to
allow said continuance of satisfaction of this obligation,
Developer agrees to pay the "PFDIF" in effect at the time of
building permit issuance.
16. Condition No. 87 - (Otay Water District Indebtedness and
City Parcels). In satisfaction of Condition No. 87 of the
Resolution, the Developer agrees to provide written evidence from
Otay Municipal Water District indicating that any assessments (or
bonded indebtedness) associated with all parcels dedicated or
granted in fee to the city has been paid or that no assessments
exist on the parcel(s). Said evidence shall be provided prior to
the City's acceptance of said dedication or grant in fee.
17. Condition No. 96(a) and 96(b) - (Withhold Building
Permits and Hold Harmless). In satisfaction of Condition No. 96(a)
and (b) of the Resolution, the Developer understands and agrees
that the performance of Developer's obligations hereunder is
required for the health and safety of the residents of its Project.
Therefore, Developer agrees that the City may withhold building
permits for any and all buildings within the Project if anyone of
the following occur:
1. Regional development threshold limits set by
the East Chula vista Transportation Phasing Plan have been reached.
2. Traffic volumes, levels of services, pUblic
utilities and/or services exceed the adopted city threshold
standards in the then effective Growth Management Ordinance.
3. The Developer does not comply with the terms of
the Reserve Fund Program.
4. If the required public facilities, as
identified in the PFFP or as amended by the Annual Monitoring
Program or otherwise conditioned have not been completed or
constructed to satisfaction of the city.
18. Condition 96(c) - (Hold Harmless). In satisfaction of
Condition 96(c) of the Resolution, the Developer understands and
agrees that the Developer shall defend, indemnify, and hold
harmless the City, and its agents, officers and employees, from any
claim, action or proceeding against the City, or its agents,
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officers or employees, to attack, set aside, void or annul any
approval by the city, including approvals by its Planning
Commission, City Council, or any approval by its agents, officers,
or employees with regard to this Project.
19. Condition 96(d) - (Erosion) . In satisfaction of
Condition 96 (d) of the Resolution, the Developer shall defend,
indemnify, and hold harmless the City, and its agents, officers and
employees from any claim, action or proceeding related to erosion,
siltation or increased flow of drainage resulting from the
Property. City agrees to reasonably cooperate with Developer in
the defense of any such action, claim or proceeding.
20. Condition 96 (e) - (Cable Company). In satisfaction of
Condition No. 96(e) of the Resolution, Developer agrees to permit
all cable television companies franchised by the city of Chula
vista equal opportunity to place conduit to and provide cable
television service for each lot or unit within the Project.
Developer further agrees to grant, by license or easement, and for
the benefit of, and to be enforceable by, the city of Chula vista,
conditional access to cable television conduit within the
properties situated within the Project only to those cable
television companies franchised by the City of Chula vista the
conditio of such grant being that (a) such access if coordinated
with Developer's construction schedule so that it does not delay or
impede Developer's construction schedule and does not require the
trenches to be reopened to accommodate the placement of such
conduits; and (b) any such cable company is and remains the
compliance with, and promises to remain in compliance with, the
terms and conditions of the franchise and 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.
Developer hereby conveys to the City of Chula vista the authority
to enforce said covenant by such remedies as the city determines
appropriate, including revocation of said grant upon a
determination by the City of Chula vista that they have violated
the conditions of the grant.
21- Condition No. 96(£) - (Master HOA) . In satisfaction of
Condition 96(f) of the Resolution, Developer agrees to include in
the Articles of Incorporation or Charter for the Homeowners'
Association (HOA) provisions prohibiting the HOA from dedicating or
conveying for public streets, land used for private streets without
approval of 100% of all the HOA members.
22. Condition No. 96(g) - Insurance Companies) . In
satisfaction of Condition No. 96 (g) of the Resolution, Developer
agrees to permit all insurance companies equal opportunity to
provide a cooperative Homeowner's Insurance Program.
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23. Condition No. 97a - (Congestion Management Program). In
satisfaction of Condition No. 97a of the Resolution, the Developer
agrees to participate, on a fair share basis, in any deficiency
plan or financial program adopted by SANDAG to comply with the
Congestion Management Program (CMP).
24. Condition No. 97b - (Construction of Regional
Facilities) . In satisfaction of Condition No. 97b of the
Resolution, the Developer agrees to not protest formation of any
future regional impact fee program or facilities benefit district
to finance the construction of Regional facilities described in the
Otay Ranch Planning documents. This agreement to not protest the
inclusion of these public improvements shall not be deemed a waiver
of the right to challenge the amount of any fee which may be
imposed due to these new improvements and shall not interfere with
the right of any person to vote in a secret ballot election.
25. Condition No. 100 - (Backbone Facilities). In
satisfaction of Condition No, 100 of the Resolution, the Developer
has submitted an Improvement Phasing Schedule attached hereto as
Exhibit "E" and adopted by amendment to the PFFP on October 6,
1998. Developer agrees to commence construction of the public
street improvements and agrees to provide security satisfactory to
the City Attorney in accordance wit the time frames and in such
sums as set forth in said Improvement Phasing Schedule, as may be
amended by the City from time to time.
26. Condition No. 103 - (As-Built Plans). In satisfaction
of Condition No. 103 of the Resolution, Developer shall submit "as-
built" improvement and storm drain plans in DXF file format to the
satisfaction of the City Engineer.
27. Condition No. 107 - (Growth Management Ordinance). In
satisfaction of Condition No. 107 of the Resolution, Developer
agrees to fund the preparation of an annual report monitoring the
development of the community of Otay Ranch. The annual monitoring
report will analyze the supply of, and demand for, public
facilities and services governed by the threshold standards. An
annual review shall commence following the first fiscal year in
which a residential occupancy occurs and shall be completed during
the second quarter of the following fiscal year. The annual report
shall adhere to those guidelines noted on page 353, section D of
the GDP!SRP. Developer further agrees to prepare a five year
development phasing forecast identifying targeted submittal dates
for future discretionary applications (SPAs and tentative maps),
projected dates, corresponding public facility needs per the
adopted threshold standards, and identifying financing options for
necessary facilities.
28. Condition No. 109 - (Miscellaneous). In satisfaction of
Condition No. 109, Developer shall submit copies of any proposed
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CC&R's for review and approval by the Director of Planning and the
City Engineer prior to approval of each final "B" Map.
29. Condition No. 117 - (Code Requirements). In satisfaction
of Condition No. 109, Developer shall pay the following fees in
accordance with the City Code and Council Policy:
a. The Transportation and Public Facilities Development
Impact Fees
b. Signal Participating 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 DIR
f. Poggi Canyon Sewer Basin DIF
g. Telegraph Canyon Basis Drainage DIF
h. Otay Ranch Reserve Fund Fee.
30. Condition No. 114 - (PFFP). In satisfaction of Condition
No. 114 of the Resolution, Developer agrees to adhere to the PFFP
and any amendments thereto, including but not limited to the SPA
and tentative map improvements installed in accordance with said
Plan or as required to meet threshold standards adopted by the
City. Developer and City acknowledge that the PFFP identifies a
facility phasing plan based upon a set of assumptions concerning
the location and rate of development within and outside of the
project area. Throughout the build-out of SPA One, actual
development may differ from the assumptions contained in the PFFP.
Developer understands that neither the PFFP nor any other SPA One
document grant the Developer an entitlement to develop as assumed
in the PFFP, or limit the SPA One's facility improvement
requirements to those identified in the PFFP. Developer
acknowledges that compliance with the city's threshold standards,
based on actual development patterns and updated forecasts in
reliance on changing entitlements and market conditions, shall
govern SPA One development patterns and the facility improvement
requirements to serve said development. In addition, the sequence
in which improvements are constructed shall correspond to any
future Eastern Chula vista Transportation Phasing Plan or amendment
to the Growth Management Program and Ordinance adopted by the City.
Developer understands and agrees that the City Engineer may modify
the sequence of improvement construction should conditions change
to warrant such a revision.
31. Condition No. 115 - (Code Requirements). In satisfaction
of Condition No. 115 of the Resolution, Developer agrees to comply
with all applicable sections of the Chula vista Municipal Code.
Developer further agrees that any final map for the Project and all
plans for said Project has been prepared in accordance with the
provisions of the Subdivision Map Act and the city of Chula Vista
Subdivision Ordinance and Subdivision Manual.
16
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32. Condition No. 116 - (Underground utilities). In
satisfaction of Condition No. 116 of the Resolution, Developer
agrees to underground all utilities within the subdivision in
accordance with Municipal Code requirements.
33. Condition No. 118 - (Code Requirements). In satisfaction
of Condition No. 118 of the Resolution, Developer agrees to comply
with all relevant Federal, State, and Local regulations, including
the Clean Water Act. The Developer shall be responsible for
providing all required testing and documentation to demonstrate
said compliance as required by the City Engineer.
34. Condition No. 123 - (Code Requirements). In satisfaction
of Condition No. 123 of the Resolution, Developer agrees to comply
with Chapter 19.09 of the Chula Vista Municipal Code (Growth
Management) as may be amended from time to time by the City. said
chapter includes but is not limited to: threshold standards
(19.09.04), public facilities finance plan implementation
(19.09.090), and public facilities finance plan amendment
procedures (19.09.100). Developer further acknowledges and agrees
that the city is presently in the process of amending its Growth
Management Ordinance to ad 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.
35. Satisfaction of Conditions. City agrees that the
execution of this Agreement constitutes partial satisfaction or
satisfaction of Developer's obligation of Conditions: 1, 3, 4, 6,
7,21, 22(c), 25, 29, 30, 64, 73, 74, 76(c), 83, 87, 96, 97, 100,
103, 107, 109, 114, 115, 116, 117, 118 and 123 of the Resolution.
Developer further understands and agrees that the some of the
provisions herein may be required to be performed or accomplished
prior to the approval of other final maps for the Project, as may
be appropriate.
36. Unfulfilled Conditions. Developer hereby agrees, unless
otherwise conditioned, that Developer shall comply with all
unfulfilled conditions of approval of the Tentative Map,
established by the Resolution and shall remain in compliance with
and implement the terms, conditions and provisions therein.
37. Previous Agreement. The Developer acknowledges that
nothing in this Agreement shall supersede, nullify or otherwise
negatively impact the terms of the "A" Map Agreement. This
Agreement affirms and reflects the terms, conditions and provisions
17
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--~- .~----,_.._.__._-_._--..- - - -. -----.-,. . ." -..
of the "A" Map Agreement and of the Tentative Map 97-02 conditions
applicable specifically to the Final Map for the Property.
38. Recording. This Agreement, or an abstract hereof shall
be recorded simultaneously with the recordation of the Final Map.
39. Building Permits. Developer understands and agrees that
the city may withhold the issuance of building permits for the
Project, should the Developer be determined by the City to be in
breach of any of the terms of this Agreement. The City shall
provide the Developer of notice of such determination and allow the
Developer with reasonable time to cure said breach.
40. Miscellaneous.
a. Notices. Unless otherwise provided in this Agreement
or by law, any and all notices required or permitted by this
Agreement or by law to be served on or delivered to either party
shall be in writing and shall be deemed duly served, delivered, and
received when personally delivered to the party to whom it is
directed, or in lieu thereof, when three (3) business days have
elapsed following deposit in the U.S. mail, certified or registered
mail, return receipt requested, first-class postage prepaid,
addressed to the address indicated in this Agreement. A party may
change such address for the purpose of this paragraph by giving
written notice of such change to the other party. Facsimile
transmission shall constitute personal delivery.
CITY OF CHULA VISTA
276 Fourth Avenue
Chula Vista, CA 91910
Attn: Director of Public Works
Developer:
McMillin Otay Ranch LLC
2727 Hoover Avenue
National City, CA 91950
(619) 336-3672
Attn: Robert A. Pletcher
A party may change such address for the purpose of this paragraph
by giving written notice of such change to the other party in the
manner provided in this paragraph. Facsimile transmission shall
constitute personal delivery.
b. Captions. Captions in this Agreement are inserted
for convenience of reference and do not define, describe or limit
the scope or intent of this Agreement or any of its terms.
18
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c. Entire Agreement. This Agreement contains the
entire agreement between the parties regarding the subject matter
hereof. Any prior oral or written representations, agreements,
understandings, and/or statements shall be of no force and effect.
This Agreement is not intended to supersede or amend any other
agreement between the parties unless expressly noted.
d. preparation of Agreement. No inference, assumption
or presumption shall be drawn from the fact that a party or his
attorney prepared and/or drafted this Agreement. It shall be
conclusively presumed that both parties participated equally in the
preparation and/or drafting this Agreement.
e. Recitalsl Exhibits. Any recitals set forth above
are incorporated by reference into this Agreement.
f. Attorneys' Fees. If either party commences
litigation for the judicial interpretation, reformation,
enforcement or rescission hereof, the prevailing party will be
entitled to a judgment against the other for an amount equal to
reasonable attorney's fees and court costs incurred. The
"prevailing party" shall be deemed to be the party who is awarded
substantially the relief sought.
(NEXT PAGE IS SIGNATURE PAGE)
19
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. ---_.....,~._.-
IN WITNESS WHEREOF, the partíes hereto have caused thís
Agreement to be executed the day and year fírst hereínabove set
forth.
CITY OF CHULA VISTA McMILLIN OTAY RANCH LLC
Mayor
Attest:
.~
Beverly Authelet, Cíty Clerk Bpi (/
Approved as to Form: KAfJAJL
[Na\¡Ie]
John M. Kaheny, Cíty Attorney ví~.(~
[Títle]
(Attach Notary Acknowledgment)
H:\HomeìA:torney\SSIA\MCMill -
20
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---- --------", _.~..-
LIST OF EXHIBITS
Exhibit II All Legal description of all tentative map area
Exhibit IIA-III Legal Description - Unit 1 and unit 4
Exhibit liB II Street Improvement
Exhibit IIcn Pedestrian Bridge
Exhibit IIDII Sample of Easement Agreement
Exhibit liE" Improvement Phasing Schedule
21
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EXHIBIT "A"
Property Description
Chula Vista Tract 97-02, McMillin otay Ranch SPA I, Phase I, in the
County of San Diego, State of California, According to map thereof
No. 13605, filed in the office of the County Recorder of San Diego
County July 28, 1998.
22
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EXHIBIT A-I
Legal Description Unit 1
Lot 1 ofChula Vista Tract 97-02, McMillin Otay Ranch, SPA I, Phase I, in the County of San
Diego, State of California, According to map thereof No. 13605, filed in the office of the County
Recorder of San Diego County on July 28, 1998.
Legal Description Unit 4
Lot 4 of Chula Vista Tract 97-02, McMillin Otay Ranch, SPA I, Phase I, in the County of San
Diego, State of Cali fomi a, According to map thereof No. 13605, filed in the office of the County
Recorder of San Diego County on July 28, 1998.
I¿Jß~c2Ý
EXHIBIT B
OFF SITE STREET IMPROVEMENTS
CHULA VISTA TRACT 97-02
McMILLIN OTA Y RANCH SPA I
PHASE I,UNITS 1& 4
IMPROVEMENTS IMPROVEMENTS BOND AMOUNT-
COST
Otay Lakes Rd./ Telegraph Materials & labor: $115,846.00
Canyon Rd. Intersection $115,846.00 Faithful performance: $115.846.00
Improvements. TOTAL: $231, 692.00
- Calculated at 200% of Improvement Cost Estimate.
H:\HOME\ENGINEER\LANDDEVlOTAYRNCH\EXHl.LEC
/óß~c2>
EXHIBIT C
PEDESTRIAN BRIDGE DIF
CHULA VISTA TRACT 97-02,
McMILLIN OT A Y RANCH SPA I, PHASE I,
UNITS 1 & 4
UNIT No. DWELlNG UNITS CASH DEPOSIT
1 120 $72,000.00
4 87 $52,200.00
TOTAL 207 $124,000.00
H:\HOMEIENGINEERILANDDEVlOT A YRNCIIIPEDIF.LEC
JtJß~ .)~
EXHIBit 0 .__Jl.
RE.CORDING REQUESTED BY
AND WHEN RECORDED RETUR.'>I TO:
Ci1y Cleric
Ci¡y of Chula Vista
276 Fourth AVa1ue
Chula Vista, CA 91910
No Iransfer la:r is dJle œ /his is D r:0'"'t!J'1m~ 10 D publ~
aK~n~ for JC$ Ilum D fa in/erar for w;úd, "0 cash
=::mSID~rDlior. ~ br~r. paid Dr re:~ive.d.
,"BOY[ SP4::I TDJ. K.ECC>RI>=J.."S L'SE)
GRANT OF EASEME1\TS AND MA.ll\iTENA.1\jCE AGREEMENT
(DEDICATED EASEMENTS)
Tn,s GR....),,'T OF E.A5E.MßTS AND WL......rJ-.'TENANCE .....GREEM=.Ï\¡ (" Agr....men¡") is marl.
!h!s day of . 199_, by and :,,;¡w=n 1h. DIY OF CHULA VISTA. a muni::ipal
::~:poration ("City"), and M::MJLLIN OTA Y RA.'>ICH LLC. a D.1z",,,,~ limited jiability ::omp""y ("LLC").
RECITALS
A. Tnis Agreement concerns and affe..""tS =in ruJ prop:::!)' located in Chula Vista.. CalifornIa..
more par1icularly des.."';bed in Exhibit" A" attached h= and incorpo:1lted h=in ("Propeny"). The Propen:'
iJ: part of a planned n:sidential development proje:t ::ommonly known as "McMinin Lomas Verdes". For
purposes of this Agreement. the tenn "Proje::r" shali also mean the PropCI1)'".
3. LLC is thc owner of the Propeny and thc Decl2r2T1t under that cer.ain Master Dc::iaration
of Rcstriction.5 For M::MilJin Lomas Verdes Mzster ,~iation filed for record on , :998
25 Document 1'0.1998-_, Oñi::ial Records ofS21l Diego County, California (the "Master De::laration").
LLC has ::aused thc fonnation of McMiJlin Lomas V~des Mester Asso::iation. a nonprofit mutual benef,t
corporation (the "MHOA") to maintain certain arcas in the Projec:.
C. Th. Propeny is c:oven:¡j by that ceruin final map (the "Final Map") described on Exhibit
.. A" attached hereto.
D. On 1998, in order for LLC to obtain thc Final Map and for the City to havc
assuran::c that the maintenance of thc Projec:'s open space areas and thoroughfan:: medi_.areas would b.
provided for, the City a."Id LLC entt:red mID a Supplem=ntal Subdivision Improvement Agreement. by Rcsolution
No. _, in which LLC agreed that maintenance of such areas shall be accomplished by thc creation 0:
a homc owners association and thc establishment of a Community Fa::ilities Dist:'ÏcL Exhibit "B" anachcd
he;,:ro descñbcs those pa.""!icular easemcnts which w= dedicated to the public on the Final Map but whi::h
are to be maintained by the MHOA.. Tne public easements 10 be maintained by the Homeowner Association
are coliectively referred to as the "MHOA Maintained Public Areas",
i ~..~dllll>DWy\Prt.~br'1"'~ -I·
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E. Tnc Ci1y cL-si~ to pm to LLC =cm=nts for iands:a~ main~nan== purposcs u;>:>r.. (Wcr
and across the MHOA Maintained Public Areas consisting of Ipz:kwzys/ trailsj IT,
:r.deT to facilitate:nc obligations ofLLC "" SC1 forth in the Supplemcnw Subdivision Im;J:tJVem=n A", __men:'
acopled by R¡::50lution No. _.
F. Tne City also wilJ allow LLC to cross appropriale portions of thaI certain general uliliTy
=cment ("General Utility Ezscmcnt") d=rib--..d on Exbibit "C" attached hereto for pU'1'0ses of acccss 10
sio?<'S within the Project which will initially be maintained by LLC and ~entualJ)' m~inlained by the MHOA.
NOW, TrlEREFORE, in considcnltion of the mutual covenants her::in con:ainec, the ;>a."lics agrec
Z5 set forth bdow.
1. Granl (lfF....emeDls. The City hcr::by gnnts to LLC and its agents., su::.::eSSO:1; and assIgns.
nor.-cxciusive == and rights-of-wzy OVCf" and a.."Tt1S5 the MHOA Maintained Public Ar-..as. f OT ~ purpose
of maintaining. rc¡>airing anrl repla:ing the bmds::aping improvemcms iOCl11ed thereon. Thc City aiso hereby
=!S to u..c and its 22CtI1S. su=sors and assil!llS, a nOIH:XClusive = cascmen: across thc G=:;¡! U:iiIT\'
- - - ..
::.zscment fOrIhe ptITJ'OSt of oi:lta.ining >= to maimain those slopes within the Prop:::1ies whicn will ir..::om:
par; of the a= maintained by the MHOA.
.., MaiDteDanet Oblil"ations.
...
(G) LLC to InitiaIry· M.ainwn. LLC hereby cov:nants and agrecs. aT lIS soi. co,1 an=
expense. 10 maintain. repair and rcpla::=. or caus: to be maintained. repair::::i or rcpiace=. the Iv'í:-JD.".
Maintai..,~ Public Areas. including alllands::ap:: improvements located thereon. al ¡; Icve! equa: to
OT be= than the level of maintenance set forJ¡ in the Project's Landscapc and irrigation Pian
C'Lanås::ape Plan"). as appro~ by theCÍ1)'. For purposes of1his Agr::cmcn:..1h= = "Mainlenan=<:"
or "Maintain" shaJJ mean the maintenance. repair and rcpla::::ment obligations described herem.
[b) T,.,.nsferto MBOA. Upon LLCs mmsfcr ofMaintcnance ohligations to the MHOA.
LLC (i) the MHOA shall become obJigatcd 10 pcrfonn the obligations so t:ansferrec anc (oi) LLC
shall be released from such obligation. LLC represents to the City that LLC intends to anc hz.s Ihe
authority 10 unilalC!Ãlly nnsfcr the obligation to maintain the MHOA Maintained Ar=; !D th< rvr."¡OA
and 1hZ! such trBnsf"r has been provided for in the Master DecJara.tion.
(0) ~oti"" of Transfer. At least sixty (60) days prior to any I.'"2tISfeT of Mainte:;ance
obligatí::m, LLC shall give notice to the City ofLLCs intenI to mmsfer the Mainlcnancc obligallons
and shan provide the City with a copy of the sign"d dacum"nt which "ffcclS such transfer.
3. Insurance. Section 5.1 (a) of the Master Declaration r::quires tha! the MHOA preCUT= and
",aintain ce:-.ain insunmce. That S::ctionreads as follows:
(a) General Liability Insurance. The Master AssD:ia:ion shall ob:.am
¡; comprehensive generalliabiJity and property damage insurance policy insuring
the Master Association and th" Owncrs against liabi1ity incident 10 ownership OT use
of the Master Association Property. The limits of such insurance shaJJ nol be I=ss
than S3 Minion covering all cJaims for death. personal injury and prop""y damage
T ·""'(ftO,II">Ga.v".1n:_E.ur..: ·2·
"',,:::.".
JVß~"'< F"
aris!ng out of ¡ single occum:nce. Such insurance shall include the following
additionaJ provisions provided they areav¡ilable on 2 ::ommcrcially re¡sDnabie basis:
(i) The City ofChula Vista shall be named as an additionally
insured party 10 such insurance:
(ii) 1ñe pol}cy shall no! contain a cross-suit exclusion clause
which would abrogate covenoge should (itiption ensue b::tween
insureds;
(iii) Tne policy shall ::ontain the folJowing sc:venobility clause (or lan!!ua!!e
which is substantially the same): "The coverage shall appJy separa~ly to
c:a::h insured ex::c:pt with r:spc:::! 10 the limÎ'.s of liability."
Tnis SectioD 5.1 (a) ml!Y not be amended without the written consent of the Ci:;'
Planning Dire..-wr or City Atlomey.
Until such time as the MHOA bzs obtain::d such insunm::::, LLC hereby ag¡= 10 procure anè main:..in the
insurance as is requir:d by the Seáion 5.] (a), at its sole cos! and expense.
4. Indemnirv. LLC hCf"'..Dy ind=mnifies the City as stated in Sc::tion 6.3 Dr the M2S1er u-..::iarauon
whd, r::acis as fDllows:
Indemnitv The De::laml! and Master Association. resp-..ztively sitall
indemnify and hold the City hannless from any lianility, cOS! or expense.
including reasonably inCUlTed Ã!tDmeys' fees, which result from the
D-..c1...-ant's or the M= AssociaIÏon's res¡>=ive failure to comply with the
requirements of the Se::tion above entitled "Continuing Obligation To
Maintain Cenain Public Areas". Neither the De::la.-ant nor the Mas!er
Association shall have any liability und:! this Section ÍIy reason of the other
party's fl!ilure to maintain. It is spc:cifi::ally intended that the City shall have
the right to enforce this Section. This Section may nol be am::nded withDu!
the wrinen cons::nt of the City Planning Director or City Anorney.
5. A"reement Annlieable to Subseouent Owne....
(2) Agreement Binding Upon any Sucressive Declarants. This Agreemenl shall oe
binding upon LLC and any successive DeclaranT undcr the Maste:r Declaration. This Agreement shall
inur:: to the benefit of the su=so:s. assigns and interests of the partic:5 as to any or all of the Pmpeny.
CD) Agreement RUDS Witb tbe Land. The burden of the covenants contained i~ this
Agr=ment ("Burden") is forthe benefit of the Property and the City, its successors a:..d assigns. and
any su::ct:Ssor-in-intcrest thereto. The City is deemed the beneficiary of such covenants íor and in
its own right and for the purposes of protecting the intereS! of the community and other pani::s. public
or private, in whose favor and for whose benefit such covenants running with the land have been
provided. without regard to whether the City has been, remained or are owners of any particular land
or intereS! therein. If such covenants are: bre:a::hed. the City shall have the right to cxercise all rights
:' ·~,n.-..y-.~~~ ·3·
0;:::''''1'
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and rc:medies and to maintain any a=tions or suÌ'.s at law or in equity or other proper pro~ed n~s 10
enforce the 'curing of such breach to which it or any other bendiciaries of this Agreement ...~d tne
coven~nts may be: entitled.
6. G~rnio" La.... This Agn=mcnt shall be governed and construcd in accordan~e ""J!h Ine
laws of Ihe Sta1e of Califomi!..
7. EfTcctive Da1e. The tcnr.s and conditions of this Agr-_-mcnt shall be etfc::tive as of the date
this Agrecmcnl is =ordcd in the Official R=rrls of the San Diego County Recorder's Office.
8. COUDt~r1s. This Agr==nt may be =Utcd in any number of counterparts. ca::h of whi~;,
shali b: original and all of whiciJ shall cons1ÍMe one and the same document.
9. Recordiol'. Tne parties shall ca~ tiús Agreement to be recorded in the Offici..1 Records
of the San Diego County Recorder's Offa within thirty (30) days aft...-r 1his Agrc:cmcnt has been appro"ed
b~ Ûle Cit)' Council.
10. Mi.cellaol!OllS ProvØiOD!.
(z.) Notia:s. Unless otherwise provided in this Ag¡~mcnt or by iaw. any and all notices
~uired or p<:rmincd by this Agn:ement or by law to b: served on or delivered 10 either pa:1)" shall
be in wriIing and shall b: d_med duly Served. delivered and received when personally ciejjvered 10
the part}. 10 wnom it is dj~-u:d or. in li=u th=:' when three (3) business days have dz.psed foHowing
deposit in me United Sta1r:s mail. ccnifJed [)!' rcgist..-rcd mail, r.:Iurn r=ipl requeste:!. firs¡-ciass po.>.age
prepaid. adàrcsscd 10 the address indicated in this Agreement. A pany may change such adcir::ss for
the purp:>sc of this PalZgraph by giving wrin..~ notice of such change 10 the other parry. Facsimile
transmission shall C0n.s1Ïtu1e p<:l'Sonal delivery.
JfTo City:
CITY OF CHULA VIS¡ A
Department of Pub Ii: WorkslEngineering Division
276 Fourth A venue
Chula Vim., CA 919]0
Ann: City Engineer
If To LLC:
McMillin Otay RanciJ LLC
Development Engin~..ring
The McMillin Comp~r¡jes
2727 Hoover A venu:
Nation..1 City, CaJifornia 91950
Ann: Mr. Robert A. Pletcher
i "'~"''''''''~\P"'''''b,rÇ= ~.
..-::""
¡éJß ~;J//
(b) Captions. Captions in this A~:men! ~ ins::1Cd for convenience of reference and
do no! defi~e. des::ri~ or limi! the scope or intent of this Ag~men! or any of its terms.
(c) EotinA¡:n:eøleIIl This Ag¡ument, togctherwi1h any otherwrinen document r::L. _d
to herein. embody the entire ag¡=nent and undc:rstanding bctw= the parties regarding the subje:1
maner h=f. and any and all prior or eontem >Omleous on<! or written n:presentations. agreements.
understandings and/or statements shall be of no fo= and effect.. This Agreement is not intended to
supefScåe or amend aIlY other agreement between the panics unless expressly nOled.
(d) Recitals; ExhibitL AIly mortals set forth above and any attached exhibits are
incorporated by reference into this Agrc'"..ment
(e) Compliance With ùrws. In \ÌI: perfonnance of its obligations under this Agreement
LLC. ilS agents and employees, shall comply with aIlY and all applicable fcåcral. stale and local rules.
regulations. ordinan::es, policies, permits and approvals.
(I) Aathority of Sigaatories. Ea::h signalor)' and party hereto hereby wamlnts and
represents to the other party that it has legal authority and ""p2cÏty and direction from its principal
to eOler into this Ag¡=men!., and that alJ =elutions and/or other actions have been Iaken so :os to
enable said signa1D!)' to enu:r into this Agr=cnt.
(g) Modilic:alÌolI. This Agre=mcrn may nol be modified. u:rminatcl! or rcscinded. in wnoie
or in part. =pl by wrincn instTUmcnt duly e=utcd and acknowledged by the parties hereto. ~ei,
sucCC$sors or assigns, aIld dul)' r:corded in the Official Re::ords of the San Diego County Reeorder's
Office.
(h) Stverability.lf any term. covenant or condition of this Agr=men! or the appliea¡jon
thereof to any person or circumstance shall. to aIlY extent. be invalid or unenforce:able. the r:mainder
of this Agreement, or the application of such tcnn, covenant or condition to person or circumstance.
shall not be añected Iher:b)' and each term, covenant or condition shall be valid and be enforceè to
the fulleS1 extent pe:nnined by law.
(;) P",paratÎon of A:~menl No inference, assumption or presumption shall ~ d:av.'n
ITom the fa::! that a party or its anorney prcpucrl and/or drafted this Agrcemc:nt It shall be conclusive:ly
presumed thai both parties participated c::¡uaJly in the: pn:paration and/or drafting of this Agr:emen!.
[REVLA.rNDER OF PAGE P.>iTENTIONALLY LEFT 3LANK]
";,~ilÜn....,..~n-..,.::.s':: ·5·
...::....
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I.J'Iõ WIT1'11E.SS WHEP.EOF. the pa.'1ies hereto have caused this Agreemen: 10 be executed Ihe day
znd y~ar first s:t fotth ahov:.
CITY OF CHULA VISTA, a municipal McMILLIN OT A Y RANCH, LLC,
::orporation a Delaware limited liability company
BY: McMILLIN COMPANIES, LLC.
a Dclaware limited liability company
3y: Its: Managing Memœr
Mayor
By
Title
A nest:
By
Tille
3~<:rly Authd::t, City Clerk
APPROVED AS TO FORM:
By: By:
. City Anorney
Anorney for McMillin Ola)' Ranch. LLC
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COUNCIL AGENDA STATEMENT
Item IJ
Meeting Date 11/3/98
ITEM TITLE: Resolution / 9 J i? Accepting bids and awarding contract for the
construction of Delineator Removal Program - Phase III at Fourth Avenue
and "E" Street and along Otay Lakes Road near Bonita Vista Middle
School, in the City of Chula Vista, CA (TF239) to Star Paving Corp., San
Dkgo, .. ,"e """'"" of 7;T -- fuOO, """'fO'
SUBMITTED BY: Director of Publk wor~
REVIEWED BY: City Manager G~ iV (4/Sths Vote: YesLNo-J
1-019\
At 2:00 p.m. on September 2, 1998 in Conference Rooms 2 and 3, the Director of Public Works
received sealed bids for the "Delineator Removal Program - Phase III at Fourth Avenue and "E"
Street along and Otay Lakes Road near Bonita Vista Middle School, in the City of Chula Vista,
CA (TF239)". The general scope of the project involves the construction of raised medians at the
intersection of Fourth A venue and "E" Street (in front of the ARCO gas station) and along Otay
Lakes Road near Bonita Vista Middle School. The work to be done involves the removal and
disposal of existing improvements, installation of median curbs, colored and stamped concrete slab
work, street signs, pavement striping, traffic control and other miscellaneous structures as shown
on the plans,
RECOMMENDATION: That Council approve resolution:
1. Accepting bids and awarding contract for the construction of Delineator Removal
Program - Phase III at Fourth Avenue and "E" Street along and Otay Lakes Road near
Bonita Vista Middle School, in the City of Chula Vista, CA. (TF239) to Star Paving
Corp., San Diego, in the amount of $40,907.50.
2. Transferring $9,000 from the unspent balance of Funds budgeted for Project TF238-
Delineator Removal Program- Phase II, to Project TF239- Delineator Removal Program -
Phase III at Fourth Avenue and "E" Street and along Otay Lakes Road near Bonita Vista
Middle School, in the City of Chula Vista, CA.
3. Transferring $11,000 from the unspent balance of funds in Project STL228 - Orange
Avenue Improvements, from Fourth Avenue to Fifth Avenue to Project TF239-
Delineator Removal Program - Phase III at Fourth Avenue and "E" Street and along Otay
Lakes Road near Bonita Vista Middle School, in the City of Chula Vista, CA.
;/-/
Page 2, Item_
Meeting Date 11/3/98
BOARDS/COMMISSIONS RECOMMENDATION: Not applicable.
DISCUSSION:
Funding for this project was budgeted during the FY 1997-98 Capital Improvement Program (CIP)
budget process. This project is the last phase of a program that was recommend and supported
by the City Council to facilitate the replacement of temporary traffic control delineators that had
been placed at various location within the City with raised concrete medians. The existing plastic
delineators are aesthetically unappealing and had to be replaced on a regular basis as they were
periodically run over by motorists. The raised medians would provide a more permanent and
attractive barrier that is virtually maintenance free.
The work to be done on this project involves the replacement of the delineators at two
intersections with concrete medians. The current project specifications allow the City to either
award the contract for the construction of medians at both locations (Alternates" A" & "B") or
to award the contract for the construction of the median along Otay Lakes Road near Bonita Vista
Middle School (Alternate" A").
There currently are adequate funds to construct the improvements at one location, but the funds
are not sufficient to construct the improvements at both locations. Based on the review of the bids
received, we believe that it would be much more cost-efficient to appropriate funds and award the
contract for both locations at this time. Since there would be a substantial cost savings in staff
time and advertising costs that would be needed to re-bid the second location at a later date. There
would also be the added expense of staff time to survey and inspect the construction of this site.
Since this is the last phase of this program, and the improvements at both locations are really
needed, it is our recommendation that Council transfer and appropriate the necessary funds needed
to construct the improvements at both locations.
This project was previously advertised in September 1997. The bid received was substantially
above the engineer's estimate by approximately 33%. Staff reviewed the bid and made a
recommendation to Council to reject the bid and re-advertise the project with a few changes to the
project specifications; and Council by Resolution No. 18881, approved the recommendations
(Exhibit B). The changes that were made to the specifications were done to generate a greater
response from contractors, hence the possibility of receiving a lower bid. The changes also
provided for greater flexibility in the award of the contract. The changes separated the two
locations of construction and allowed the City to award to the low bidder for the first location only
or for both locations.
/)~:2..
Page 3, Item_
Meeting Date 11/3/98
The project was re-advertised for a period of four weeks and plans were purchased by four
contractors, and on the bid opening date we received three bids, shown below:
Contractor Bid Amount- Bid Amount- Total Bid
Alternate" A" Alternate "B" Amount
Star Paving Corporation, San Diego, CA $23,355.00 $17,552.50 $40,907.50
New Century Construction, San Diego $23,911.00 $17,109.00 $41,020.00
MJC Construction, Chula Vista $24,572.50 $18,116.25 $42,688.75
The low bid by Star Paving is above the Engineer's estimate of $37,00 by $3,907.50 or 11 %.
The Engineer's estimate was based on bids received for similar projects. The contractor, Star
Paving Corporation, recently completed the construction of the second phase of the Delineator
Removal Program. Star Paving Corporation has also done two other projects for the City: "The
Tree Removal and Sidewalk Replacement at Various Locations (FY 95-96) Program" and "The
Construction of Sidewalk Ramps on Various Streets in the City of Chula Vista (FY 95-96)
Program". In addition, the contractor has done work for the City of San Diego and the County
of San Diego, and both agencies have found the contractor's work to be satisfactory. We have
also verified the contractor's license and qualifications and determined that they are in good order.
The contractor has satisfactorily met all the requirements. We, therefore, recommend awarding
the contract to Star Paving Corporation, San Diego.
Additional Fundin~ Sources
It is staffs recommendation that the unspent balance of funds budgeted for the recently completed
second phase of the Delineator Removal Program funds be transferred to this third phase of the
Delineator Removal Program. Staff also recommends that Council transfer remaining
appropriations from the Orange Avenue Improvement project, between Fourth Avenue and Fifth
Avenue. The Orange Avenue Improvement project is part of the Sidewalk Safety Program and
includes the construction of sidewalk along the north side of Orange A venue between Fourth
Avenue and Fifth Avenue, This project was originally scheduled to be constructed during the
FY94/95 fiscal year. The project as approved at the time was supposed to receive construction
funding from SANDAG. The design of the project was completed, but upon later review, the
construction funding from SANDAG was denied and the project was shelved until an alternate
source of funding was identified. The transfer of City funds from the existing balance in this
account to the Delineator Removal Program - Phase III TF239) project, is a temporary measure
to facilitate the construction of the project, Ultimately, staff will still continue to explore
alternative funding sources for the construction of the Orange A venue Improvement project, since
the design of the project has already been completed.
1)~3
Page 4, Item_
Meeting Date 11/3/98
Prevailin~ Wa~e Statement
This project is primarily funded through Gas Tax Funds. Based on the current project funding
guidelines, no prevailing wage requirements were necessary as part of the bid documents.
Environmental Status
The City's Environmental Coordinator has reviewed the work involved in this project and
determined that the project is exempt under Section 15301(c), Class 1 of the California
Environmental Quality Act (CEQA).
Disclosure Statement
A copy of the contractor's Disclosure Statement is attached.
FISCAL IMPACT:
Financial Statement
FUNDS REQUIRED FOR CONSTRUCTION
A. Contract Amount $40,907.50
B. Contingencies (Approximately 10%) $ 4,092.50
C. Staff Cost (Inspection, Design, Surveying, and Traffic) $10,000.00
TOTAL FUNDS REQUIRED FOR CONSTRUCTION $55,000.00
FUNDS AVAILABLE FOR CONSTRUCTION
A. Project No. TF239- Delineator Removal Program Phase III $35,000.00
B. Transfer of unspent balance of funds from Project No.- $9,000.00
TF238 - Delineator Removal Program Phase II to Project TF
239 - Delineator Removal Program Phase III
C. Transfer of funds from balance of funds in Project No.- $11,000.00
STL228- Orange Avenue Improvements to Project TF 239-
Delineator Removal Program Phase III
TOTAL FUNDS AVAILABLE FOR CONSTRUCTION $55,000.00
/)~Lj
~_..- w.·._._,,_,__··~__n ~-----------
Page 5, Item_
Meeting Date 11/3/98
Funding for this project was budgeted in the FY 97-98 CIP budget. The project as budgeted will
utilize Gas Tax Funds with additional transfers of $9,000 from the balance of funds in the
Delineator Removal Program Phase ß (TF238) Account, and $11,000.00 from the unspent balance
of Gas Tax funds in Project STL228, The action requested tonight would allow staff to expend
these funds for the construction work. Upon completion of the project, omy routine City
maintenance (maimy sign replacement) will be required.
Attachment:
Exhibit A - Contractor's Disclosure Statement
Exhibit B - Resolution No. 18881 NOT SCANNED
(0735-10-TF239)
October 27. 1998 (3:44pm)
H:\HOMEIENGINEERIAGENDA ITF239.AC
))/S
RESOLUTION NO. / 9.2 'i 7
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA ACCEPTING BIDS AND AWARDING
CONTRACT FOR THE CONSTRUCTION OF DELINEATOR
REMOVAL PROGRAM - PHASE III AT FOURTH AVENUE
AND "E" STREET AND ALONG OTAY LAKES ROAD NEAR
BONITA VISTA MIDDLE SCHOOL, IN THE CITY OF
CHULA VISTA, CA. (TF239) TO STAR PAVING CORP.,
SAN DIEGO, IN THE AMOUNT OF $40,907.50 AND
TRANSFERRING FUNDS THEREFOR
WHEREAS, at 2:00 p.m. on September 2, 1998 in Conference
Rooms 2 and 3, the Director of Public Works received the following
three sealed bids for the "Delineator Removal Program - Phase III
at Fourth Avenue and "E" Street along and Otay Lakes Road near
Bonita vista Middle School, in the City of Chula Vista, CA
(TF239)":
Contractor Bid Amount- Bid Amount- Total Bid
Alternate "A" Alternate "B" Amount
Star Paving Corporation, San Diego. CA $23,355.00 $17,552.50 $40,907.50
New Century Construction, San Diego $23,911.00 $17,109.00 $41,020.00
MJC Construction, Chula Vista $24,572.50 $18,116.25 $42,688.75
WHEREAS, the contractor, Star Paving Corporation,
recently completed the construction of the second phase of the
Delineator Removal Program and has also done two other projects for
the City: "The Tree Removal and Sidewalk Replacement at Various
Locations (FY 95-96) Program" and "The Construction of Sidewalk
Ramps on Various Streets in the city of Chula vista (FY 95-96)
Program"; and
WHEREAS, the contractor has satisfactorily met all the
requirements and staff therefore recommends awarding the contract
to Star Paving Corporation, San Diego; and
WHEREAS, based on the bids submitted and Star Paving's
qualifications to do the work, Star Paving has been determined to
be the lowest responsible bidder; and
WHEREAS, it is staff's recommendation that the unspent
balance of funds budgeted for the recently completed second phase
of the Delineator Removal Program funds be transferred to this
third phase of the Delineator Removal Program and that Council
appropriate additional funds from the Orange Avenue Improvement
project, between Fourth Avenue and Fifth Avenue as this project was
originally scheduled to be constructed during the FY 94/95 fiscal
year; and
1 // __ ?
WHEREAS, the project as approved at the time was supposed
to receive construction funding from SANDAG, however, after the
design of the project was completed, the construction funding from
SANDAG was denied and the project was shelved until an alternate
source of funding was identified; and
WHEREAS, the transfer of City funds from the existing
balance in this account to the Delineator Removal Program - Phase
III TF239) proj ect, is a temporary measure to facil itate the
construction of the project and staff will still continue to
explore alternative funding sources for the construction of the
Orange Avenue Improvement project, since the design of the project
has already been completed; and
WHEREAS, this proj ect is primarily funded through Gas Tax
Funds and based on the current project funding guidelines, no
prevailing wage requirements were necessary as part of the bid
documents; and
WHEREAS, the city's Environmental Coordinator has
reviewed the work involved in this project and determined that the
project is exempt under section l530l(c), Class 1 of the California
Environmental Quality Act (CEQA) .
NOW, THEREFORE, BE IT RESOLVED the city Council of the
City of Chula Vista does hereby accept the bids submitted and award
the contract for the construction of Delineator Removal Program -
Phase III at Fourth Avenue and "E" Street and along Otay Lakes Road
near Bonita vista Middle School in the City of Chula vista, Ca. to
Star Paving Corp., San Diego in the amount of $40,907.50.
BE IT FURTHER RESOLVED that the Mayor is authorized and
directed to execute the contract in a final form approved by the
city Attorney.
BE IT FURTHER RESOLVED that the City Council does hereby
transfer $9,000 from the unspent balance of funds budgeted for
Project TF238- Delineator Removal Program- Phase II, to Project
TF239- Delineator Removal Program - Phase III at Fourth Avenue and
\\EII Street and along Otay Lakes Road near Bonita Vista Middle
School, in the City of Chula vista, CA.
BE IT FURTHER RESOLVED that the City Council does hereby
transfer $11,000 from the unspent balance of funds in proj ect
STL228 - Orange Avenue Improvements, from Fourth Avenue to Fifth
Avenue to Project TF239- Delineator Removal Program - Phase III at
Fourth Avenue and "En Street and along Otay Lakes Road near Bonita
Vista Middle School, in the City of Chula Vista, CA.
Presented by Approved as to form by
John P. Lippitt, Director of
Public Works
H:\home\lorraine\rS\TF239
2 j)- ?
A "
THE CITY OF CHULA VISTA DISCLOSURE STATEMENT EXHIBIT
You are required to file a Statement of Disclosure of certain ownership or fmanciaJ interests, payments, or campaign contributions,
on all matters which will require discretionary action on the part of the City Council, Planning Commission, and all other official
bodies. The following infonnation must be disclosed:
1. List the names of ail persons having a fmanciai interest in the propeny which is the subject of the application or the Contract,
e,g., owner, applicant, Contractor, subcontractor, materiai supplier.
2. If any person· identified pursuant to (1) above is a corporation or partnership, list the names of all individuals owning more
than 10% of the shares in the corporation or owning any parmership interest in the parmership.
3. If any person- identified pursuant to (1) above is non·profit organization or a trust, list the names of any person serving as
director of the non-profit organization or as trustee or beneficiary or trustor of the trust.
4. Have you had more than $250 worth of business transacted with any member of the City staff, Boards, Commissions,
Committees, and Council within the past twelve month? Yes _ No )f.. If yes, please indicate person(s):
5. Please identify each and every person, including any agents, employees, consultants, or independent Contractors who you
have assigned to represent you before the City in this matter.
J~-5 é ¡::) 1i'~/~2
.::T E,suJ &:wES
"If 1?6?J,(é-/ fkw.~L
6. Have you and!or your officers or agents, in the aggregate. contributed more than $1,000 to a Council member in the current
or preceding election period? Yes _ No ~ If yes, state which Council members(s):
. · . (NOTE: Attached additional p.
Date: ~/,pZ/¡ð'
ature of ntractor! Applicant
STili? PN¡NG"L-NC2. /TG/s ßwëS
Print or type name of Contractor/Applicant
· l!mŒ! is defined as: 'Any individual, firm, co-pannership, joi1lt veruure, association, social club, fralernal organization,
corporation, estate. trust. receiver, syndicate, this and any other county, city or country, city municipality, district, or other political
subdivision, or any other group or cOmbination acting as a unit.
17 J)-~!/-//
/ " .,r. .._- -- --
/ - .
." - -
COUNCIL AGE!'\'DA STATEMENT EXHIBIT B
ItemL
Meeting Date 2/] 0/98
ITEM TITLE: Resolution / ff! I Rejecting bids for the "Delineator Removal
Program - Phase ill at Fourth Avenue and "E" Street and along Otay Lakes
Road near Bonita Vista High School, in the City of Chula Vista, CA."
(TF239)
SliBMlTT~D BY: Director of Public Works tl f
REVIEWED BY: City Manager (4/5ths Vote: Yes_No..xJ
At 2:00 p.m. on December 3, 1997 in Conference Room 3, the Director of Public Works received
sealed bids for the "Delineator Removal Program - Phase ill at Fourth Avenue and "E" Street
along and Otay Lakes Road near Bonita Vista High School, in the City of Chula Vista, CA."
(TF239). The general scope of the project involves the construction of raised medians at the
intersection of Fourth Avenue and "E" Street (in front of the ARCO gas station) and along Otay
Lakes Road m:ar Bonita Vista High School. The work to be done involves the removal and
disposal of existing improvements, installation of median curbs, colored and stamped concrete slab
work, street signs, pavement striping, traffic control and other miscellaneous structures as shown
on the plans.
RECOMMEll¡L>ATION: That Council approve resolution rejecting bids for the "Delineator
Removal Program - Phase ill at Fourth Avenue and "E" Street and along Otay Lakes Road near
Bonita Vista High School, in the City of Chula Vista, CA." (TF239)
BOARDS/COMMISSIONS RECOMMENDATION: Not applicable.
DISCUSSION:
FnnninB for this project was budgeted during the FY 1997-98 Capital Improvement Program (CJP)
budget process. This project is part of a program that was set up for the replacement of
temporary traffic control delineators that have been placed throughout the City. The delineators
are aesthetically unappealing and must be replaced on a regular basis as they are run over by
motorists. The raised medians would provide a more permanent and attractive barrier that is
virtually maintenance free.
The project was advertised for a period of four weeks and plans were purchased by three
contractors, and on the bid opening date we received one bid, shown below:
Contractor Bid Amount
Star Paving Corporation, San Diego, CA $44,221.00
/J- c;
Page 2, Item_
Meeting Date 2/10/98
Tne low bid by Star Paving is above the Engineer's estimate of 533,300 by 510,9210 or 32.8%.
Tne Engineer's estimate was based on bids received for similar projects. There has been a recent
substantial increase in construction activity in the San Diego County area. Because of this, we
have been receiving very little interest from contractors on the smaller projects. After the bid
opening, staff reviewed some of the trade papers to see what was happening in other cities, and
their bid results seemed to mirror what we have been experiencing. In a recent publication of the
"Daily Transcript" showing bids received by various agencies in San Diego County, three out of
the four bids showed the lowest bid above the Engineer's estimate. Staff has noted this trend and
will be factoring this into subsequent projects.
Current "Packa~inQ"" of the Proiect
The project was "Packaged" to construct raised medians at two locations. The bid proposal sheet
showed the total quantities for the various items of work to be done at both locations, in the same
manner we bid the two previous delineator removal projects. Staff was optimistic about the bid
amount and did not see the necessity of breaking up the bids for each of the locations, hence we
did not provide an option for building the median at either of the locations if we did not receive
favorable bids. Since the bid was much higher than expected, we have no way of awarding
contract for just one location. We intend to rebid the project such that we will have the option to
award contract for one or both sites.
Pro,posed "Packa~inQ"" of the Proiect
It is Staff's opinion that taking the following steps will result in bids that fall within our budget:
1. When the project is re-advertised, notices will be sent to all contractors in our database
who do this kind of work notifying them of the project and inviting them to bid on it. We
feel that this approach will generate a greater response, and hence a more competitive
bidding process than the current process provided.
2. The project will be repackaged with the two locations identified as separate items in the
bid proposal. The contract will be awarded based on the lowest bid received for the total
cost of doing work at both locations. However, the City would reserve the right to award
contract for work on either one of the locations or for the total project depending on the
bid amount. This would give us the flexibility that the current bid package did not provide.
3. The specifications currently provides for the work to be done within 30 working days. The
revised specification would allow the project to be built in 45 working days. This, we have
been told, would allow small contractors with experience who have few persounel to bid
the project hence increasing the chances of getting lower bids. To assure disruption to the
public is minimi7ed, we will include provisions in the contract documents that will control
the periods when the contractor can disrupt traffic flows.
/)~/O
--
Page 3, Item~
Meeting Date 2/] 0/98
4. Anoth~r possibility for lowering the cost of this project is to combine it with another one
having similar and/or compatible items of work. This would provide us with an economy
of scale that could make it more economically feasible to achieve.
FISCAL IMPACT: Funding for this project was budgeted in the FY 97-98 CIP budget. The
project as budgeted will utilize Gas Tax Funds. The action requested tomght would allow staff
to re-bid the project with the goal of getting a bid that falls within the budgeted amount.
(0735-11>-TF239)
January 30. 1998 (8015am)
H:\HOMEIENGINEERIAGENDA IRVTF239 .AC
// ~ / /
. -" - -_._---~._-------~-_..------_..- -----
COUNCIL AGENDA STATEMENT
Item J.2.
Meeting Date 11/03/98
ITEM TITLE: Resolution J 7'.2 (~uthOrizing the issuance of Encroachment Pennit No.
PE- 410 to build a commercial building over the existing Telegraph Canyon
channel at 375 Telegraph Canyon Road
SUBMITTED BY: Director of Public wor~
REVIEWED BY: City Manager ~ tv (4/5ths Vote: Yes _ NoX)
The owners of the property located at 375 Telegraph Canyon Road (Hilltop Terrace Trust) are
proposing to build an 6,300 s.f. retail commercial building which partially encroaches into the City's
stonn drain easement for the Telegraph Canyon channel (see Exhibit "A"). The owners have
requested the City to grant an encroachment pennit to allow a portion of the commercial building
to be built on top of the existing box culvert. According to Section 12.28 of the Municipal Code,
this request must be approved by the City Council.
RECOMMENDATION: That Council approve the subject resolution authorizing the City
Engineer to issue Encroachment Pennit No. PE-410 and direct the City Clerk to record said
resolution and pennit.
BOARDS/COMMISSIONS RECOMMENDATION: The Design Review Committee has
approved the project (DRC-97-26) with conditions at their April 4, 1997 meeting.
DISCUSSION:
By letter dated September 8, 1997, James Leary Architecture and Planning applied for an
encroachment pennit to construct and operate an 8,000 s.f. commercial building partially over an
existing box culvert in the Telegraph Canyon Channel. Their original plan was to extend the
existing box culvert to accommodate the proposed building. Later, they scaled down the size of the
building to 6,300 s.f. in order to avoid modifying the box culvert. The applicant indicated that due
to the unusual shape and size of the parcel and the various utility encumbrances on the property, such
as SDG&E and public sewer utilities, the property cannot be developed cost effectively unless the
building is constructed partially on top of the existing box culvert within a City drainage easement.
The current proposal contemplates no additional coverage for the channel. However, they still need
structural modifications to the channel and the inlet transition to the existing box culverts.
Staff imposed certain conditions of approval on the encroachment pennit that were to be satisfied
prior to consideration by Council (see letter to James A. Leary dated 11/6/97, Exhibit "B"). All
conditions have been satisfied with the exception of condition No.8, which requires the applicant
to apply for a pennit trom the Army Corps of Engineers in compliance with Section 404 of the
Federal Clean Water Act. This condition has been included in the Encroachment Pennit allowing
/c2-/
Page 2, Item
Meeting Date 11/03/98
applicant time to comply with Army Corps permit requirements for a period of one year after date
of approval of the Encroachment. The City Engineer will also have the ability to extend this period
for up to one year due to any unforseen hardships arising trom Army Corps requirements. If the City
Engineer in his sole discretion determines applicant carulOt comply with Army Corps requirements,
or that such requirements are detrimental to the City's interest, the Encroachment becomes null and
void. The City will not issue a construction permit for the applicant unless an Army Corps of
Engineers is secured with terms acceptable to the City Engineer. The applicant is also required to
obtain all necessary permits and plans as required by the City, including the permit trom the Army
Corps, prior to commencing construction within the drainage easement.
This encroachment permit includes an indemnity clause holding the City, its agents and employees
hannless trom damages resulting trom the construction of the building over the drainage channel.
The encroachment obligates the permittee to maintain, relocate or remove the encroachment at no
expense to the City. In addition, the City maintains its rights to use the existing drainage easement
for general channel maintenance.
FISCAL IMPACT: Due to the construction and maintenance responsibilities falling on the
Permittee, there are no direct costs to the City, except for the processing of this permit. The fee for
the permit is $250. .
Attachments: Exhibit "A" - Locator plat ~c~~
Exhibit "B" - Letter dated 11/6/97 #?"
Exhibit "c" . Encroachment Pennit PE·41O \J
Engineering Department File No. 0710-40-PE-410
H:\HOME\ENGINEER\AGENDA\PE-41 OA.SL Y
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RESOLUTION NO. /f-21~
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA AUTHORIZING THE ISSUANCE OF
ENCROACHMENT PERMIT NO. PE-410 TO BUILD A
COMMERCIAL BUILDING OVER THE EXISTING
TELEGRAPH CANYON CHANNEL AT 375 TELEGRAPH
CANYON ROAD
WHEREAS, the owners of the property located at 375
Telegraph Canyon Road (Hilltop Terrace Trust) are proposing to
build a 6,300 square foot retail commercial building which
partially encroaches into the City's storm drain easement for the
Telegraph Canyon channel; and
WHEREAS, the owners have requested the city to grant an
encroachment permit to allow a portion of the commercial building
to be built on top of the existing box culvert; and
WHEREAS, according to Chapter 12.28 of the Chula vista
Municipal Code, this request must be approved by the City Council.
NOW, THEREFORE, BE IT RESOLVED the City Council of the
City of Chula Vista does hereby authorize the issuance of
Encroachment Permit No. PE-410 to build a commercial building over
the existing Telegraph Canyon channel at 375 Telegraph Canyon Road.
BE IT FURTHER RESOLVED that the City Clerk is hereby
directed to record this resolution and Encroachment Permit No. PE-
410 in the office of the San Diego County Recorder.
Presented by Approved as to form by
~ CSìIL (~
John P. Lippitt, Director of J~ Kaheny, City Att ney
Public Works
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CITY COUNCIL AGENDA STATEMENT
Item: /J
Meeting Date: 11/10/98
ITEM TITLE: REPORT: Consideration of Final Second-Tier Environmental Impact
Report (EIR-97-03), California Environmental Quality Act (CEQA)
Findings of Fact, Statement of Overriding Considerations and Mitigation
Monitoring Program
RESOLUTION : Resolution of the City Council of the City of
Chula Vista certifying the Final Second-Tier Environmental Impact Report
(FEIR 97-03) for the Otay Ranch amended Sectional Planning Area (SPA)
One; making certain Findings of Fact; adopting a Statement of Overriding
Considerations pursuant to the California Environmental Quality Act; and
adopting a Mitigation Monitoring and Reporting Program
SUBMITTED BY: Director of Planning and BUildi~
REVIEWED BY: City Manager r; ¡.<Ý r (4/5ths Vote: Yes _NoX)
~..s9
Due to the unexpected change in status on Wednesday, October 28, 1998 of the Otay Tarplant ftom
a candidate species to a threatened species under the Federal Endangered Species Act, staff is
requesting that this item be continued to November 10, 1998 in order for staff to prepare an
addendum to EIR 97-03 to address the change in status.
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COUNCIL AGENDA STATEMENT
Item:---.!..i-
Meeting Date: 11/10/98
ITEM TITLE: PUBLIC HEARING: GPA 97-04 & PCM 97-10: Consideration of
amendments to the City of Chula Vista General Plan and the Otay Ranch
General Development Plan/Subregional Plan in Villages One, Two, Six,
Seven, 13 and IS.
RESOLUTION Approving amendments to the General Plan of
the City of Chula Vista and to the Otay Ranch General Development Plan.
SUBMITTED BY: ~irector of Planning and BUildin~& Q.,
REVIEWED BY: City Manager q~ <¡1¡1' (4/Sths Vote: Yes_ No...xJ
Due to the unexpected change in status on Wednesday, October 28, 1998 of the Otay Tarplant
fÌom a candidate species to a threatened species under the Federal Endangered Species Act, staff
is requesting that this item be continued to November 10, 1998 in order for staff to prepare an
addendwn to EIR 97-03 to address the change in status
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COUNCIL AGENDA STATEMENT
Item: )3
Meeting Date: 11/3/98
ITEM TITLE: PUBLIC HEARING: GPA-98-02 & PCM-98-26: Consideration of an
amendment to the City of Chula Vista General Plan and the Otay Ranch
General Development Plan/Subregional Plan to remove residential land uses
in Village Two of the Otay Ranch within one thousand (1,000) feet of the
Otay Landfill.
Resolution approving amendments to the General Plan of the City
ofChula Vista and the Otay Ranch General Development Plan.
SUBMITTED BY: Director of Planning and BUildin~~~
REVIEWED BY: City Manager ffi;-¡¡.. (4/5ths Vote: Yes _ NoX)
Due to the unexpected change in status on Wednesday, October 28, 1998 of the Otay Tarplant from
a candidate species to a threatened species under the Federal Endangered Species Act, staff is
requesting that this item be continued to November 10, 1998 in order for staff to prepare an
addendum to EIR 97-03 to address the change in status
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