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Home My WebLink AboutAgenda Packet 1999/06/08 ~~Alf perjury that I am '" declare unde . . the m joyed by the City of Chula Vista m June 8, 1999 ~f:u:e of the (;ity Clerk and that. I post~d t 6:00 p.m. I" the Bulletm Boar a this Age~da No~,ce ";Uilding and at City Hall 0,,"- CALL TO ORDER the Pubhc rv ces 6./.~ DATED. ~ SIGNED l. ROLL CALL: Councilmembers Davis, Moot, Padilla, Salas, and Mayor Horton. 2. PLEDGE OF ALLEGIANCE TO THE FLAG, MOMENT OF SlLENCE 3. APPROVAL OF MINUTES of May 25, 1999 (Regular Meeting of the City Council) and May 25, 1999 (An Adjourned Meeting of the Redevelopment Agency and the City Council). 4. SPECIAL ORDERS OF THE DAY A. Employee Recognition Award of the Month - Florence Picardal, Administrative Secretary, Public Works Department, Engineering Division. B. Proclaiming the Week of June 7 through June 12, 1999, as "Management Week". The proclamation will be presented by Mayor Horton to Karin August, President, SF Goodrich Chapter, National Management Association. C. Proclaiming June 5 through June 12, 1999, as "National Home Ownership Week." The proclamation will be presented by Mayor Horton to a representative from the San Diego HUD office CONSENT CALENDAR (Items 5 through 17) The stqlf'recommendations regarding the fiJI/owing items listed IInder the Consent Calendar will he enacted hy the COllncil hy one motion, withollt discllssion, unless a Counci/member, a member ,!t'the pllblic, or ('ity stqltreqllest.l· that the item be removed for discussion. (fyoll1l'ish to speak on one '?fthese items, p/ease.fìll Ollt a "Reqllest to Speak"fiJrm (available in the /o/¡by) andsllhlllit it to the ('ity ('/erk ,wior to the meeting. Items Plllledfi'om the Consent Calendar will be discllssed qlier Action Items. Items pulled by the public will be the first items ofbllsiness. 5. WRITTEN COMMUNlC A TlONS A. Letter from the City Attorney stating that Council did not meet in Closed Session on May 25, 1999. Staff recommendation: The letter be received and filed _~.u __ ..._..__ .. .~.. ~ v_.._.. . ~.._, 0" _ _ _ . ~~ .....~,..,._... .... 1 . ._~~. ~u~.. .' _.' - ....._.. _..............--... ...._ Agenda 2 June 8, 1999 6.A. ORDINANCE 2780-B, AMENDING CHAPTER 15.08 OF THE MUNICIPAL CODE ADOPTING THE CALIFORNIA BUILDING ST ANDARDS CODE, 1998 EDITION AND THE UNIFORM BUILDING CODE, 1997 EDITION (SECOND READING AND ADOPTION) B. ORDINANCE2781-B,ADOPTINGANEWCHAPTER 15.10 OF THE MUNICIPAL CODE ADOPTING THE CALIFORNIA REFERENCED STANDARDS CODE, 1998 EDITION (SECOND READING AND ADOPTION) C. ORDINANCE 2782-B, AMENDING CHAPTER 15.16 OF THE MUNICIPAL CODE ADOPTING THE CALIFORNIA MECHANICAL CODE, 1998 EDITION AND UNIFORM MECHANICAL CODE, 1997 EDITION (SECOND READING AND ADOPTION) D. ORDINANCE 2783-B, AMENDING CHAPTER 15 18 OF THE MUNICIPAL CODE DOPTING THE UNIFORM CODE FOR THE ABATEMENT OF DANGEROUS BUILDINGS, 1997 EDITION (SECOND READING AND ADOPTION) E. ORDINANCE 2784-B, AMENDING CHAPTER 15.20 OF THE MUNICIPAL CODE ADOPTING THE CALIFORNIA HOUSING CODE, 1998 EDITION AND THE UNIFORM HOUSING CODE, 1997 EDITION (SECOND READING AND ADOPTION) F. ORDINANCE 2785-B, AMENDING CHAPTER 15.24 OF THE MUNICIPAL CODE ADOPTING THE CALIFORNIA ELECTRICAL CODE, 1998 EDITION AND THE NATIONAL ELECTRICAL CODE, 1996 EDlTlON (SECOND READING AND ADOPTION) G ORDINANCE 2786-B, ADOPTING A NEW CHAPTER 15.26 OF THE MUNICIPAL CODE ADOPTING THE CALIFORNIA ENERGY CODE, 1998 EDITION (SECOND READING AND ADOPTION) H ORDINANCE 2787-B, AMENDING CHAPTER 15.28 OF THE MUNICIPAL CODE ADOPTING THE CALIFORNIA PLUMBING CODE, 1998 EDITION AND THE UNIFORM PLUMBING CODE, 1997 EDITION (SECOND READING AND ADOPTION) I. ORDINANCE 2788-B, AMENDING CHAPTER 15.36 OF THE MUNICIPAL CODE ADOPTING THE CALIFORNIA FIRE CODE, 1998 EDITION AND THE UNIFORM FIRE CODE, 1997 EDITION (SECOND READING AND ADOPTION) 1 ORDINANCE 2789-B, AMENDING CHAPTER 15.38 OF THE MUNICIPAL CODE ADOPTING THE URBAN-WILDLAND INTERFACE CODE, 1997 EDITION (SECOND READING AND ADOPTION) Adoption of the various 1997 Editions, Uniform Codes and the various 1998 Editions, California Codes is a routine action undertaken by the Planning and Building Department every three years in response to newly published Codes. The adoption of these Codes is in conformance with Council Policy 500-04 as adopted by Resolution 5656 which endorses the ----- Agenda 3 June 8, 1999 establishment and maintenance of Uniform Building Regulations within the jurisdictions of the County of San Diego. Staff recommendation: Council place the ordinances on second reading and adoption. (Director of Planning and Building) 7. ORDINANCE 2790, AMENDING VARIOUS SECTIONS OF THE MUNICIPAL CODE RELATING TO TITLE DESIGNATIONS DUE TO DEPARTMENTAL REORGANIZATIONS (SECOND READING AND ADOPTION) In July, 1998, the Department of Planning and the Department of Building and Housing were reorganized. The reorganization removed the titles of Planning Director and Director of Building and Housing and replaced it with Director of Planning and Building. As a result, several Municipal Code sections must be changed to reflect the title changes. Staff recommendation: Council place the ordinance on second reading and adoption. (Director of Planning and Building) 8. RESOLUTION 19480, APPROVING A RESOLUTION OF INTENTION TO CONSIDER GRANTING A WASTE MANAGEMENT FRANCHISE RENEW AL TO PACIFIC WASTE SERVICES UNTIL THE YEAR 2007 WITH AN OPTION TO EXTEND UNTIL THE YEAR 2015 SUBJECT TO SA TISF ACTORY PERFORMANCE (WITH POTENTIAL ADDITIONAL EXTENSIONS AT CITY'S OPTION UNTIL THE YEAR 2031) AND SETTING A PUBLIC HEARING TO CONSIDER SAME FOR JUNE 22, 1999 City staff has negotiated with Pacific Waste Management the terms for a Waste Management Franchise Renewal. The report submitted to Council summarizes those terms. Before the Council can act on this item the City Charter requires that a resolution of intention be adopted and a public hearing be scheduled A public hearing for the first reading of the Ordinance renewing the Franchise is proposed to be scheduled for June 22, 1999. This item does not approve the proposed terms, but merely presents them to the Council for their future consideration. Therefore, no discussion of the item is necessary at this time. Staff recommendation: Council adopt the resolution. (Conservation Coordinator) 9. RESOLUTION 19481, AMENDING THE EMPLOYER-EMPLOYEE RELATIONS POLICY TO INCLUDE THE COMPENSATION POLICY AS APPENDIX A This is to amend the Employee/Employer Relations Policy to add the compensation policy as Appendix A. Staff recommendation: Council adopt the resolution. (Director of Human Resources) Agenda 4 June 8, 1999 10. RESOLUTION 19482, REJECTING AS NON-RESPONSIVE THE APPARENT LOWEST BIDDER AND AWARDING PURCHASING AGREEMENT TO THE LOWEST BIDDER HAWTHORNE MACffiNERY COMPANY FOR THE PURCHASE OF A WHEELED EXCAVATOR On May 9, 1999, an advertisement was placed in The Star News soliciting bids for the proposed City purchase of a wheeled excavator. In addition, eight prospective bidders from the Purchasing Agent's bid list, including one local vendor, were contacted directly. On May 20, 1999, the bids for the wheeled excavator were opened. Three bidders responded, but none of these were local. The lowest acceptable and responsive bidder was Hawthorne Machinery Company with a net total price of $187,478. 54. Staff recommendation: Council adopt the resolution (Director of Public Works and Director of Finance) II. RESOLUTION 19483, DECLARING IT'S INTENTION TO ORDER CERT AIN CHANGES AND MODlFIC A TIONS IN ASSESSMENTS LEVIED WITHIN ASSESSMENT DISTRICT NUMBER 94-1, SETTING A PUBLIC HEARING THEREON AND ORDERING THE INITIATION OF ASSESSMENT BALLOT PROCEDURES AS TO THOSE ASSESSMENTS PROPOSED TO BE INCREASED The City previously formed Assessment Districts Number 90-3 and 94-] to finance infrastructure benefitting the developing properties within the EastLake Trails project. The method of apportioning the original assessments reflected the land use entitlements then applicable to the properties within each respective assessment district. The EastLake Company has asked the City to approve certain changes and modifications in and/or reallocations of the existing assessments within these two assessment districts to correspond to the development reflected in the final map for the Trails South project and those other land use approvals for the EastLake Trails North and the EastLake Vistas approved by the City since the formation of the assessment districts. Staffrecommendation: Council adopt the resolution. (Director of Public Works) 12. RESOLUTION 19484, APPROVING A W ARDOF CONSULTANT SERVICES CONTRACT TO DUDEK AND ASSOCIATES, INC. TO PROVIDE ENVIRONMENTAL SERVICES AND A PRELIMINARY DESIGN FOR THE SALT CREEK GRAVITY SEWER TRUNK The proposed Salt Creek Trunk will transport wastewater from new developments in eastern Chula Vista and provide additional capacity to the existing wastewater collection systems in southern Chula Vista. The City needs the assistance of a consultant to provide engineering and environmental services and to prepare a prel i m i nary design for the Salt Creek Gravity Trunk Sewer. On October 6. 1998, Council approved the appropriation of$150,000 from the Trunk Sewer Capital Reserve Fund and $150,000 from the Salt Creek Sewer Basin Development Impact Fund to cover the cost of the Preliminary Design for the Salt Creek Trunk Sewer. Approval of this resolution will allow for the preparation of the preliminary design and determine the environmental constraints and alignment for subsequent final design - Agenda 5 June 8, 1999 of the interceptor. Upon completing this preliminary design, the City will prepare a Request for Proposals and hire a consultant to prepare the final design. Staffrecoffimendation: Council adopt the resolution. (Director of Public Works) 13. RESOLUTION 19485, ESTABLISHING DATES FOR PROPERTY OWNERS TO BE READY TO RECEIVE UNDERGROUND SERVICE AND FOR THE REMOVAL OF POLES AND OVERHEAD FACILITIES WITHIN UNDERGROUND UTILITY DISTRICT NUMBER 123, PHASE II, ALONG "E" STREET FROM FOURTH A VENUE TO TOYON LANE INCLUDING CORTE HELENA On October 27, 1992, Council established Underground Utility District Number 123 along "E" Street, from Broadway to Toyon Lane including Corte Helena. The project was divided into two phases. Phase I extended from Broadway to Fourth Avenue and Phase II extends from Fourth Avenue to Toyon Lane and includes Corte Helena. Phase I was recently completed and the Phase 11 conversion work is currently underway. The conversion of overhead utilities to underground within Phase 11 is scheduled to be completed by December 17,1999. Staff recommendation: Council adopt the resolution. (Director of Public Works) 14.A. RESOLUTION 19486, APPROVING FINAL MAP OF TRACT NUMBER 99-03, EASTLAKE TRAILS SOUTH, ACCEPTING ON BEHALF OF THE CITY THE PUBLIC EASEMENTS AND ON BEHALF OF THE PUBLIC THE STREET EASEMENTS GRANTED ON SAID MAP WITHIN SAID SUBDIVISION, AND APPROVING THE SUBDIVISION IMPROVEMENT AGREEMENT FOR THE COMPLETION OF IMPROVEMENTS REQUIRED BY SAID SUBDIVISION AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT B. RESOLUTION 19487, APPROVING SUPPLEMENT AL SUBDIVISION IMPROVEMENT AGREEMENT FOR TRACT 99-03, EASTLAKE TRAILS SOUTH, REQUIRING THE EASTLAKE COMPANY TO COMPLY WITH CERT AIN UNFULFILLED CONDITIONS OF RESOLUTION NUMBER 19447 AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT C. RESOLUTION 19488, APPROVING A GRANT OF EASEMENTS AND MAINTENANCE AGREEMENT AND DETENTION BASIN MAINTENANCE AGREEMENT AND CONSERVATION EASEMENT DEED AND AGREEMENT WITH THE EASTLAKE COMPANY FOR THE MAINTENANCE OF PUBLIC LANDSCAPING WITHIN A PORTION OF EASTLAKE TRAILS SOUTH AND MAINTENANCE OF THE DETENTION BASIN AND CONSERVATION OF CERTAIN PROPERTY AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT On May 4, 1999, Council approved the Tentative Subdivision Map for Tract 99-03, EastLake Trails. Said tentative map was approved based on certain conditions in which The EastLake - --- Agenda 6 June 8, 1999 Company agreed to comply with and which were established hy said resolution. The Final Map, Subdivision Improvement Agreement and Supplemental Subdivision Improvement Agreement are now before Council for consideration and approval. Staff recommendation: Council adopt the resolutions. (Director of Public Works) 15. RESOLUTION 19489, DECLARING THE INTENT TO FORM THE TOWN CENTRE AND BAY BOULEVARD LANDSCAPING AND LIGHTING DISTRICTS, APPROVING THE PRELIMINARY ENGINEER'S REPORT, SETTING JULY 27,1999 AT 6:00 PM. AS THE DATE AND TIME OF THE PUBLIC HEARING AND ORDERING THE INlTIA nON OF BALLOT PROCEDURES The Town Centre and Bay Boulevard Landscaping and Lighting Districts were originally formed over 15 years ago by Council resolution. Due to the passage of Proposition 218, a property owners' election must be held in order to continue the assessments for these districts. Staff recommendation: Council adopt the resolution. (Director of Public Works) 16. RESOLUTION 19490, TRANSFERRING FUNDS FOR THE PURCHASE OF SCANNING/PRINTING EQUIPMENT TO REPLACE THE CITY'S BLUEPRINT MACHINE The City's blueprint machine, which is used to make copies of original mylar plans, is out of operation and is no longer repairable. The blueprint machine is used on a daily basis by City staff, primarily in Engineering and Planning, to make copies of original development and construction plans for internal use and for the public. Staff was authorized to solicit bids for the replacement of this blueprinterwith more modernized equipment that could not only make copies, but could also scan documents for storage in a digital format on the City's computer network. Staff recommendation: Council adopt the resolution. (Director of Public Works) 17. RESOLUTION 19491, APPROVING THE ADDITION OF 2.0 FULL TIME EQUlV ALENT SEASONAL GARDENER POSITIONS FOR THE MAINTENANCE OF VOYAGER PARK Voyager Park. an II-acre neighborhood park in Rancho del Rey, was developed by McMillin Companies to meet the requirements of the City's Park Dedication Ordinance. The developer has completed the maintenance period to the Division's satisfaction and officially turned over the park to the City on April I, 1999. Sufficient funds are remaining in the Department's budget to cover the maintenance costs through June 30, 1999. However, Council's approval is needed to hire additional staff Staff recommendation: Council adopt the resolution. (Director of Public Works) ORAL COMMUNICATIONS Agenda 7 June 8, 1999 PUBLIC HEARINGS AND RELATED RESOLUTIONS AND ORDINANCES Thefallawing items have heen advertised and/or posted as puhlic hearings as reqllired by law. {fyoII wish to speak to any item, please.tìll out a "Reqllest to .\)Jeak"fiJrm (available in the lobby) and .I'uhmit it to the City Clerk prior to the meeting. 18. PUBLIC HEARING TO CONSIDER THE MODIFICATION OF THE EXISTING TRANSPORTATION DEVELOPMENT IMPACT FEE (CONTINUED FROM MAY 18, 1999) Staff recommendation: The public hearing be continued to June 22, 1999. (Director of Public Works) 19. PUBLIC HEARING TO CONSIDER AN INCREASE IN SEWER SERVICE CHARGES RESOLUTION 19492, APPROVING AN INCREASE IN SEWER SERVICE CHARGES BY 6 % PER YEAR FOR EACH OF THE NEXT THREE YEARS, AND APPROVING AN AMENDMENT TO THE MASTER FEE SCHEDULE ON SEWER SERVICE CHARGES, AND TRANSFER OF $3.0 MILLION FROM FUND 222 INTO FUND 225 On April 20, 1999, Council declared the City's intention to increase sewer service charges and setting a public hearing on consideration of an increase in sewer service charges for June 8, 1999. The City's last sewer service rate increase was approved on August 5, 1997. Annual Expenditures have increased from $13.65 million in fiscal year 199711998 to an estimated $14.29 million in fiscal year 1998/99. Expenditures are project to exceed revenues by a total of approximately $3.57 million between fiscal years 1999/2000 and 2001/2002. In order to continue to meet expenses related to the construction and operation of the sewage transportation and treatment systems, the sewer service rates must be increased. Staff recommendation: Council adopt the resolution. (Director of Public Works) 20. PUBLIC HEARING PCM 99-09/PCC 99-31; CONSIDERATION OF AN AMENDMENT TO THE RANCHO DEL REY SPA I COMMERCIAL DISTRICT REGULATIONS TO ALLOW SELF-STORAGE FACILITIES SUBJECT TO APPROVAL OF A CONDITIONAL USE PERMIT AND ASSOCIATED CONDITIONAL USE PERMIT TO ALLOW A SELF- STORAGE FACILITY TO BE CONSTRUCTED AT 810-812 LAZO COURT - CASTER GROUP, LP. (CONTINUED FROM MAY 18, 1999) 1'I$tl¿, A RESOLUTION +9#r2, DENYING AN AMENDMENT TO THE COMMERCIAL DISTRICT REGULATIONS OF THE RANCHO DEL REY SECTIONAL PLANNING AREA (SPA) PLAN TO ALLOW FOR SELF-STORAGE FACILITIES TO BE CONSIDERED SUBJECT TO APPRO V AL OF A CONDITIONAL USE PERMIT - Agenda 8 June 8, 1999 In the alternative: B. ORDINANCE 2791, AMENDING THE COMMERCIAL DISTRICT REGULATIONS OF THE RANCHO DEL REY SECTIONAL PLANNING AREA (SPA I) PLAN TO ALLOW FOR SELF-STORAGE FACILITIES TO BE CONSIDERED SUBJECT TO APPROVAL OF A CONDITIONAL USE PERMIT (FIRST READING) IC¡s'ó 7 C. RESOLUTION~, APPROVING A CONDITIONAL USE PERMIT TO ALLOW FOR THE CONSTRUCTION OF A SELF-STORAGE FACILITY AT 81 0-812 LAZO COURT IN THE C-I COMMERCIAL DISTRICT IN THE RANCHO DEL REY PLANNED COMMUNITY The project consists of two three-story buildings with an overall size of95,025 square feet. It is proposed for a vacant 1.8 acre site located at the southwest corner of Lazo Court and Paseo del Rey. It is the only vacant parcel remaining in the Rancho del Rey Commercial District, otherwise known as the Power Center. The applicant is requesting an amendment to the Commercial District Regulations to allow this type of use, subject to a Conditional Use Permit and associated Conditional Use Permit, for this particular site. Staff recommendation: Council deny the requested amendment to the Commercial District Regulations. (Director of Planning and Building and Director of Community Development» ACTION ITEMS The items listed in this section qfthe agenda are expected to elicit .l'lIbstantial discllssions and deliberations by the COllncil, .l'tqlt: or members ,?t'the IJ//hlic. The items will be considered individually by the COllncil, andstqlf'recomll1endatiol1.l·may, in certain cases, be presented in the alternative. (fyoII wish to .Ipeak on any item, plea.l'e fìll Ollt a "Request to ,\)Jeak"form (available in the lobhy) and .l'lIbmit it to the City Clerk prior to the meeting. 21. RESOLUTION 19493, REJECTING APPARENT LOW BID FOR THE "I-805/TELEGRAPH CANYON ROAD INTERCHANGE IMPROVEMENTS IN THE CITY (STM-304)" PROJECT DUE TO NON-WAIVABLE IRREGULARITIES IN THE BID PROPOSAL SUBMITTED; AND AWARDING CONTRACT TO THE LOWEST RESPONSIBLE BIDDER ARCHER WESTERN CONTRACTORS, LTD., IN THE SUM OF $2,539,785.85; AND APPROPRIATING $950,44463 FROM FUND 621, TRANSPORTATION DEVELOPMENT FUND, TO ClP PROJECT STM-304 (4/5TH'S VOTE REQUIRED) On February 20, 1999, the "1-805/T elegraph Canyon Road Interchange Improvements" project was advertised. Five bid proposals were received and sealed bids were opened on March 24, 1999. The work to be done consists of widening the southbound and northbound off-ramps Agenda 10 June 8, 1999 25. MAYOR'S REPORTS 26. COUNCIL COMMENTS ADJOURNMENT to a Closed Session and thence to an Adjourned Meeting of the City Council on Tuesday, June t 5, 1999 at 4:00 p.m. in the Council Conference Room, Administration Building. *** An Adjourned Joint Meeting of the Redevelopment Agency/City Council will be held immediately following the City Council Meeting*** -~ "I (laclare IInder penalty of perjury that' am employed by the City of Chula Vista in the Office of the City Cler:, and th9~ I posted this Agenda/Notice on the Bulletin Board at Tuesday, June 8, 1999 the Public rv'ces Building and at City Hall on Council Chambers 6:00 p.m. DATED. SIGNED f:1' ~#'~ 'Public Services Building (immediately following the City C u cil Meeting) CHULA VISTA CITY COUNCIL CLOSED SESSION AGENDA Effective April I, 1994, there have been new amendments to the Brown Act. Unless the City Attorney, the City Manager or the City Council states otherwise at this time, the Council will discuss and deliberate on the following items of business which are permitted by law to be the subject of a closed session discussion, and which the Council is advised should be discussed in closed session to best protect the interests of the City. The Council is required by law to return to open session, issue any reports of final action taken in closed session, and the votes taken. However, due to the typical length of time taken up by closed sessions, the videotaping will be terminated at this point in order to save costs so that the Council's return from closed session, reports of final action taken, and adjournment will not be videotaped. Nevertheless, the report of final action taken will be recorded in the minutes which will be available in the City Clerk's Office. CONFERENCE WITH LEGAL COUNSEL REGARDING - Existing litigation pursuant to Government Code Section 54956.9(a) . In Re White Water Canyon. CONFERENCE WITH LABOR NEGOTIATOR - Pursuant to Government Code Section 54957.6 . POA Negotiations --~-_.- _~_.____.__w_._·_··___ June 2, 1999 TO: The Hoo"a~' Mayo' aod Cäy C,,"', ~ FROM: David D. Rowlands, Jr., City Manag~ ~ - SUBJECT: City Council Meeting of June 8, 1999 This will transmit the agenda and related materials for the regular City Council meeting of Tuesday, June 8,1999, Comments regarding the Written Communications are as follows: 5a, This is a letter from the City Attorney stating that the City Council did not meet in Closed Session on 5/25/99, IT IS RECOMMENDED THAT THIS LETTER BE RECEIVED AND FILED, DDR:mab --"--.-. ~~f? :~-~ '¡;'1¡;~~ ~~"""~ ow OF CHUlA VISTA OFFICE OF THE CITY ATTORNEY Date: May 26, 1999 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 5/25/99 The City Attorney hereby reports that the City Council did not meet in Closed Session on May 25, 1999, JMK: 19k 5/9 ' / 276 FOURTH AVENUE, CHULA VISTA' CALIFORNIA 91910 . (619) 691-5037 . FAX (619: ~09-5B23 #PœI~IIIqdedP.. ,-- - --~~.__.__..~._-- ..--- ----_..~---_._.._..__.- ._~_._-----_.- ,---.- --+-- -_._--,._-_.__.,.~---------""-,-,...-,,-,..,-.,,,----..--..-------.'.--------- .. - ¡\\o~ ORDINANCE NO. ;J.7~Þ"'ß ~ #~' ~~ AN ORDINANCE OF THE CITY OF CHULA VISTA AMENDING C 15,08 OF THE CHULA VISTA MUNICIPAL CODE ADOPTING THE CALIFORNIA B G STANDARDS CODE, 1998 EDmON AND THE UNIFORM BUll.DING CODE, 1997 ED -:\;,¡ THE CITY COUNCn.. OF THE CITY OF CHULA VISTA BOES ORDAIN AS FOLLOWS: SECTION L That Chapter 15,08 of the ChUla VIsta MUIÙcipal Code is hereby amended to read as follows: Chapter 15.08 BUll..DING CODE . Sections: 15.08.010 California Rllildin.. Codp_ 1998 Edmon and Uniform Building Code, m4 m;¡; edition, adopted by reference. 15.08.020 General-Section 104.2.1 amended to designate building official 15.08.030 Board of Appeals and Advisors-Section 105.1 is amended. Limitaûons of Authority- Section 105.2 is added. 15.08.040 Exempted Work-Section 106.2 is amended. 15.08.050 Section 107 is amended by adding subsection 107.8 exempting government entmes from fee payments to reference the City's Master Fee Schedule, and to charge for fees not contained in the UBC. 15.08.060 Subsection 108.L1 added to Section 108.1 to authorize compliance survey inspections. 15.08.070 Section 709.4.1 amended to add an excepûon to the requirement for parapets. 15.08.080 Paragraph 6 added to subsection 904.2.2 to require instaIlaûon of automaûc fire- extinguishing system in buildings greater than certain height. 15.08.090 Section 1503 amended to provide for more restrictive roof coverings. 15.08.100 Subsections 151L5 and 151L6 added to Section 1511 to require equipment enclosures on roofs and removal of obsolete roof equipment. lé.Q&.119 ~"4IpeBdH. Tallie 29 ~... ameøded .8 sJleeif)" mi-:-UIB BBÈer Be puillie Fe_881B f.aeiliâes fer mota, vehiele føeliø.g staâ8B5 _II m.eFœBtile eeetlpeeies 'AitI1 fuel æspeasi&g øperøeas. lS.Q8.129 }'4Ipeluæ 'I&ble 29 .\ ØB1eBded t8 SfJceil'j' miBiBHIIB BllmI1er 8£ pøIJlie IUtFBBIB (p_:1:ües fer &leter ,ehiele faeliø., stati8M ud æeFe8ll.&le oee&p8Beies 'FIith. fuel diGfleøsiBt øpeF8âøBS Peq1lÍred at 'me of ÆŒØdel, alteFøtÎBB 8Y repair. 15.08.010 Uniform Building Code, 1994 Ediûon, adopted by reference. There is hereby adopted by reference the rj:1ifomia Bl1ildint! Code known a~ the (,~lifnmia Code of Rel!1.Ùations Title 24 Dart 2 and Uniform Building Code, (nUBC·) -W94 .l222 Edition, and Appendix Chapter 3, Division II; Appendix Chapter 15; Appendix Table A-29-A:, Appendix Chapter 31, Division II and Division ill of that certain document as copyrighted by the International COIÚerence of Building Officials. Chapter 11, Accessibility is hereby exempted. Said document is hereby adopted as the Building Code of the City of Chula VIsta for regulating the erection, construction, enlargement, alteration, repair, moving, demolition, conven;ion, occupancy, use, height, and area of all buildings and structUres in the City, Providing for the issuance of pennits and cóllection of fees therefor and each and all such regulations, provisions, penalties, conditions and terms of the Unifonn Building Code, -W94 1222 Edition, and Appendix Chapter 3, Division II; Appendix Chapter IS; Appendix Table A-29-A:, Appendix Chapter 31, Division II and Division ill are hereby referred ~ 6ß-~ ~ / ( / - · to, adopted, and made a part hereof as though fully set forth herein, excepting such portions as are hereinafter deleted, modified, or amended 15.08.020 General-Section 104_2.1 amended to designate A..i"'a"! Director of Plann;n.. and Buildin.. IllIiIdiøg DireaoF as "building official". Section 104.2.1 of the UBC, as it applies in the City of Chu1a VISta, is hereby amended to read as follows: Section 104.2.1. General, The building official is hereby authorized and directed to enforce all the provisions of this code. For such purposes thè building official shall have the powers of a law enforcement officer. The building official shall have the power tb render inlerpretations of this code and to adopt and enforce rules and regulations supplemental to this code as may be deemed necessary in order to clarify the application of the provisions of this code. Such intetpretations, rules and regulations shall be in conformity with the intent and pmpose of this code, The building official shall be the assistant director of nlannin!! and bnildin~ àiFeeter efÈJtitiåing anå àaasin.;. 15.08.030 Board of Appeals and Ad\,sors-Section 105.1 amended to confer" S1Ùtability of alternate materials" jurisdiction on Board of Appeals. Limitations or Authority-Section 105.2 is added. Section 105.1 of the UBC, as it applies in the City of Chula VISta, is hereby amended to read as follows: Section 105,1 Board of Appeals and Ad\isors. To determine the suitability of alternate materials, methods of construction and to provide for reasonable interpretation of the provisions of this code, there shall be and is hereby created a Board of Appeals and Advisors consisting of seven members who are qualified by e>o.-perience and training to pass upon matters pertaining to building construction. The åiJeeter ofbllilGiBg aruI IieHsiBg buildine official shall be an ex-officio member who shall not be entitled to vote and who shall act as Secretary to the Board The Board of Appeals and Advisors shall be appointed by the Mayor and confirmed by the City Council The Board shall render all decisions and findings in writing to the buildin!! official åiJe6tor of bWle!illg aBà koHSiBg with a duplicate copy to the appellant The decision of the Board is final. The Board of Appeals and Achisors shall recommend to the City Council such new legislation deemed necessary to govern construction in the City of Chula Vista. Section 105.2 Limitations of Authority. The board of appeals shall have no authority relative to interpretation of the administrative provisions of this code nor shaII the board be empowered to waive requirements of the code, 15.08.040 Exempted Work-Section 106.2 is amended to delete exemptions for certain types of construction from the requirement to obtain a building permit. Standards of Quality- Section 1701.4 is added Section 106.2 of the Uniform Building Code as it applies in Chula Vista shaII read as follows: Section 106.2 EXEMPTED WORK. No person, fino, or corporation shaII erect, construct, enlarge, alter, repair, move, improve, remove, convert, or demolish any building or structure in the city of Chula Vista or cause the same to be done ",!hout first obtaining a separate building permit for each such building or structure ITom !he building official except as follows: ¥Y -# -.:£- (p j A. Fences up to seventy-two inches and ñee standing masomy walls up to forty-eight inches in height above the highest adja=t grade, B. Detached patio covers, not exceeding twelve feet in height, with a projected roof area not to exceed one-hundred forty-four square feet and at least six feet from any building or structure on the same property. C. One-story detached accessory buildings, not exceeding twelve feet in height used as tool and storage sheds, playhouses and similar uses, provided the projected roof area does not exceed one-hlIDdred fourty-four square feet and are located so as to comply with the provisions of Chula Vista MUIÚcipal Code, Section 19.58.020, D, Oil denicks. E. Movable cases, COlIDters, and partitions not OVd- five feet, nine inches in height F. Retaining walls which are not over three feet in height measured from the top of the footing to the top of the wall, unless supporting a surcharge or impounding flammable liquids, G, Television and radio antennas less than thirty-five feet in height. H. Awnings projecting not more than fifty-four inches and attached to, and supported by, the exterior walls of buildings of Group R-3, Division 3 or U Occupancy. 1. PlatIorms, walks and driveways not more than thirty inches above grade and not over any basement or story below, 1. Temporary motion picture, television and theater stage sets and scenery, K. Prefabricated swimming pools accessory to a Group R, Division 3 Occupancy in which the pool walls are entirely above the adjacent grade and if the. capacity does not exceed five-thousand gallons. L, Fish POnds. reflective pools or other decorative water containers with a wet surface area of one-hundred square feet or less and a maximum depth of eighteen inches to the flood rim. M Repairs which involve only the replacement of component parts of existing work with similar materials for the pwpose of maintenance, and which do not aggregate over $500.00 in valuation in any twelve- month period, and do not affect any electtical, plumbing or mechanical installations. Repairs exempt from permit requirements shall not include any addition, change, or modification in construction, exit facilities, or permanent fu:tures or equipment Specifically exempted from permit requirements without limit to valuation are: 1. Painting, papering, decorating and similar work 2, Installation of floor covering, 3. Cabinet work. 4, Outside paving of R-3 and U Occupancies parking surfaces, (CCR Title 24 Disabled Access Required. ) 5. Re-roofing buildings of Group R and U Occupancies of less than five-hundred square feet or less than fifty percent of roof covering replacement ;>r ¡;ßJ ¿--3 -- This section shall not be construed to require separate building permits for dwelling and accessory buildings or strnctures on the same property which are described in the building permit application, plot plan and other drawings, Exemption ftom the permit requirements of this code shall not be deemed to grant authorization for any work to be done in any manner in violation of the provisions of this code or any other laws or ordinances of the City of Chula VISta 15.08.050 Section 107 amended by adding subsection 107.8 Exceptions, waiving fees for government entitie~ ' Section 107.7 Exceptions, The United States Government, State of California, school districts, counties, cities and other public agencies shall not be"required to pay any fees for filing an application for a building permit pUISUant to this code, Section 107.8 Retention ofP1ans, The retention of plans, specifications and permits are for the life of the building, Therefore, the applicant shall be charged a fee to cover the actual cost of microfilming such documents as specified in the master fee schedule, 15.08.060 Subsection 108.1.1 added to Section 108.1 to autborize compliance survey inspection~ Subsection 108.1.1 is bereby added to Section 108.1 of !be Uniform Building Code, as it applies in Cbula Vista, and said subsection (h) shall read as follows: Section 108. Ll Compliance Survey Inspection. Upon receipt of a written request for a compliance survey ftom !be owner and payment of the fee specified in the master fee schedule, the building official may inspect an eristing strncture to ascertain its compliance wi!b the provisions of this code and o!ber applicable laws and ordinances, and report findings in writing to the owner, 15.08.070 Subsection 709.4.1 amended to add an exception to the requirement for parapet~ EXCEPTION 6 is hereby added to subsection 6 of Subsection 709.4.1 of the Uniform Building Code, as it applies in Chula Vista, which EXCEPTION 6 shall read as follows: Exception 6, Conversion of existing Group R occupancies to offices, 15.08.080 Subsection 904.2.1 amended to require insta1lation of automatic fire-extinguisbing system in buildings greater !ban certain beigbt. Subsection 904.2.1 of the Ururorm Building Code is hereby amended, as it applies in Chula Vista, by !be addition of the following: In every building regardless of occupancy, group or type of construction, when such building is more than fony feet or four stories or more in height 15.08.090 Section 1503 amended to provide for more restrictive roof covering~ Section 1503 of the ururO!ll1 Building Code as it applied in Chula Vista is amended as follows: þP- ~8~7/ ~-~ Section 1503. The roof covering on any structure regulated by this code shall be as specified in Table No. 15-A and as classified in Section 1504. Wood shingles and wood shakes shall have a minimum Class "C" fire-resistive rating. 15.08.100 Subsections 1511.5 and 1511.6 added to Section 1511 to require equipment enclosures on roofs and removal of obsolete roof equipment. Subsection 1511.5 is hereby added,to Section 1511 of the UnifOIID Building Code, as it applies in ChuIa VIsta, which subsection 1511.5 shall read as follows: Section 1511.5 Equipment Enclosure. Ûperating equipment, including piping and ducts loca1ed on the roof of a building, shall be shielded from view from public thoroughfares, private and public parldng lots, Equipment enclosures shall not be constructed 50 as to. trap flanunable or combustJ.1Jle vapors, Exception: Solar collectors, Does not include structuraI supporting members. IS.98.119 ~"'4PeBdH. TallIe 29 .A. aœeøded to speeifJ" æiBÍm1HB Da_lIer ef puhlie FeStF88Bi faeiliâes fer Bleter vehiele fUeiÏBg staä8BS ad mereaBtile eeeupaø.eiefi wHit {Bel dispeRsing øperøBeBSo TaBle 1'TBlBèer fA 2~ .A. þ,finiœam PlmBbiBg F:åæJFeS .\dà FeetBate }Hmièer 7. r.iater ·¡eÐ:i.ele fue1iÐg stat:iaBS, iBeløsive sf æeÆaRâle BSeupaB6Ïes wi1k fue) å!SI!-":-g Bp~ahBß5. -\.::111 pre Ade pø9He Fest:r8Sæ5 éMtiIaèle te eusteæeP.; åmiHg Boors efèB:SiRess BfJeratiSas. .A.. _:_~ïHHI. Bf æe l'er Se3:' eliUÏfJfJeà \vitk eRe water eIsset aBà eRe 1a":atefY per restFeeæ ~1-._11 èe Jtf6\ iàeà. R£sb=eam faeHiâes shall eeæpfj' with ":¡:"Aèleà assess ~. IS.0s.no :'..cppeBdH Tah]e 29 A·. 8:lBeBEled t8 SIJI!fifJ" miBimuæ øumheJ' af puhlie ÆSÉF80Øl faeilmes feF motoF -¡eBiele faeliø; &taBORS 8Bd mereamile oeeaJl&Beies WHit fael diSJleøSÎBg Opera8.0BS Pequ.ired. at tiœe of FefB8del, alteAi8.0B OF Pepm. 'l=aèle ÞT1:UB.eer}. 29}. }.r.-=-HIB Pln-1...iBg Fiulmes ~Yå Faams!! Nuæèer &. ~\w;' siBguIar eBSÎte aT sInl6tmaI. FE!Baà~ alterat:iaB. er æpair iB eueess af S2Q,QQQ pFejeet ì1Ùuaâe~ er 8 aeReeB''e -.~uaâeB af ÏIRJffiV/emeats withiB aRe year Íf6m date af issuaBee sf 8 pefH1it fer JeHle åel, 3hemâBB ar repair t8 aÐ. eJåsâBg meter vehie1e fueliÐg stagaR ar aB enisâBg 1BeIeaBtiJe aesuIHHie)' v;iÚ1 fuel åispeB5ÏÐg 9f1!1a1iaBS, shall 6s1BfJly -;Af:à pFEf\isi9B5 eentaineå ÎB 1Bis gßapter fer BEWf.' eaB5Ð1ietf.a:a. SECTION II. FINDINGS AND DECLARATION The City Council of the City of Chula VIsta specifically and expressly finds and declares that the nature and uniqueness of the climate, terrain, and location does necessitate and demand specific amendments to the California Building Standards Code, 1998 Ediûon and the UnifOIID Building Code, 1997 Edition which are noted in the Chula VIsta Municipal Code and restated in this Ordinance. ·z?ß--C G/5 % ..At' ,/ SEcrlON ill. EFFECTIVE DATE. This ordinance will take effect and be in force on July 1, 1999. Presented by Approved as to form by Â/~.f& , Robert Leiter Director ofPIannirig an Building and BuildinglBuilding Official <>.-47= -¿; 8 t-- ~ - (0 ø.~~ ORDINANCE NO. ;;, 78"/" ß # ~~ AN ORDINANCE OF TIIE CITY OF CHULA VISTA, ADOP~&W CHAPTER ]5.]0 OF TIIE CHULA VISTA MUNICIPAL CODE ADOPTING THE CAL A REFERENCED STANDARDS CODE, ]998EDmON .-O~\) 'J TIIE CITY COUNCIL OF TIIE CITY OF.CHULA \i1ŠTADOES ORDAIN AS FOLLOWS: SECTION 1. That a new Chapter ]5.]0 bfthe Chula Vista Municipal Code is hereby added to read: Chapter 15.10 . REFERENCED STANDARDS CODE Sections: 15.10.010 California Referenced Standards Code, 1998 Edition, adopted by reference. 15.10.020 Subsection 12.1.105.1 of Section 12.1.105 amended to Designate Board of Appeals and Advisors as Board of Appeals. 15.10.010 California Referenced Standards Code, 1998 Edition, adopted by reference. There is hereby adopted by reference that certain document known and designated as the California Referenced Standards Code, know as California Code of Regulations Title 24, Part 12, ] 998 Edition as copyrighted by the International Conference of Building Officials. Said document is hereby adopted as the California Referenced Standards Code of the City of Chula Vista, California for the purpose of providing minimum standards to safeguard life or limb, health, property and public welfare by regulating and controlling the design, construction, quality of materials, use and occupancy, location and maintenance of all buildings and stru=es within this jurisdiction and certain equipment specifically regulated herein, 15.10.020 Subsection 12.1.105.1 of Section 12.1.105 amended to Designate Board of Appeals and Advisors as the Board of Appeals. Subsection 12.I.I05.1 of Section 12.1.105 of the California Referenced Standards Code, ]998 Edition, and the title precedent thereto, as it applies in Chula Vista, is hereby amended to read as follows: Board of Appeals and Advisors. Section 12. I.I 05.1 General. Tn order 'to hear and decide appeals of orders, decisions or determinations made by the building official or fire chief relative to the application and interpretations of this code, there is hereby established a Board of Appeals and Advisors consisting of seven members who are qualified by experience and training to pass upon matters pertaining to huilding construction, use and occupancy, The assistant director of planning and building and the fire marshal shall be ex- officio members who shall not be entitled to vote. The assistant director of planning and building shall act as secretary to the Board, The Board of Appeals and Advisors shall be appointed by the mayor and confirmed by the city council. The Board shall render all decisions and findings in writing to the assistant director of;.planning and building with a duplicate copy to the appellant. Appeals to the Board shall be processed in accordance with the provisions contained in Chapter 5 of this code or in accordance with such procedures as may be prescribed by the City Attorney of the City of Chula Vista. The decision of the Board is final. The Board of Appeals and Advisors shall recommend to the city fEI ~-7 -- - ~---~._-- council such new legislation deemed necessary to govern construction, use and occupancy of structures, in the City of Chula Vista. SECTION n. FINDINGS AND DECLARATION The City Council of the City of Chula Vista specifically and expressly finds and declares Ú1at Ú1e nature and uniqueness of Ú1e climate, terrain, and location does necessitate and demand specific amendments to Ú1e California Referenced Standards Code, 1998 Edition which are noted in the Chula Vista Municipal Code and restated in this Ordinance. SECTION III. EFFECTIVE DATE. This ordinance will take effect and be in force on JuJ~ 1, 1999. Preserned by Approved as to form by b~~~ ~~¿ Roben Leiter £.. ' . . Director of Planning d Building ~}) - ~' ~- ~ ß" . - - ORDINANCE NO. :< 7y;;---g AN ORDINANCE OF THE CITY OF CHULA VISTA AMENDING CHAPTER 15,16 OF THE CHULA VISTA MUNICIPAL CODE ADOPTING THE CALIFORNIA MECHANICAL CODE, 1998 EDmON AND THE UNIFORM MECHANICAL CODE, 1997 EDmON THE CITY COUNCIL OF THE CITY O~ CHULA VISTA DOES ORDAIN AS FOLLOWS: ~)\o~ SECTION 1. That Chapter 15,16 of the alU]a VISta MUIÚcipaI Code is hereby amend~ follows: , ~~~ Chapter 15.16 ~# . ~\) MECHANICAL CODE ULATIONS ~ Sections: 15.16.010 California M...hani~a Cod. 1998 Edition and Uniform Mechanical Code, ~ 1J121 Edition, adopted by reference. 15.16.020 Section 108.1 amended to designate building official 15.16.040 Section 115 amended to specñy local fee structure. 15.16.010 California M...hanioa Codp_ 1998 Edition and Uniform Mechanical Code, ¡994 1J121 Edition, adopted by reference. There is hereby adopted by reference, that œrtain documen1 known and designated as the r>llifornia Mechanical CM~ ] 998 Edition known as the r~lifnmia Code ofReunls:lt1ons.. Title 24 Dart 4 and Uniform Mecbanical Code, -W94l222 Edition and Appendix A, Chapter 13 of Appendix B, And Appendix C thereof as copyrighted by the International Conference of Building Officials ("UMC"), Said documen1 is hereby adopted as the M,"",h.nicaJ Code of the City, providing for and regulating the complete m""'l1orion and l)'1.int"".n", of hl:ating. ventilation, cooling and refrigeration systems, and providing for the issuance of permits therefore, and each and all such reguJations, provisions, penalties, conditions and terms of the r>llifornia Mecbanic:al Code 1998 Edition and Uniform Mechanical Code, ¡994l22Z Edition and AP¡Jendix A, Chapter 13 ef A¡!1¡¡w!i!¡ B and Appendix C thereto are hereby referred to, adopted and made a part hereof as though fully set forth herein, excepting such portiOIlS as are hereinafter deleted, modified or amended. 15.16.020 Section 108.1 amended to designate building official. Section 108,1 of the UMC as it applies in ChuJa VISta shaI1 read as follows: Section 108.1 General. The building official is hereby authorized and directed to enforce all the pravisiollS of tIùs code. For such purposes the building official shaI1 have the powers of a law enforcemen1 officer, The building official shaI1 have the power to render inteIpretations of tIùs code and to adopt and enforce roles and regulations supplemental to tIùs code as may be d=ed necessary in order to clarify the application of the provisions of tIùs code, Such inteIpretations, roles and regulatiollS shaJ\ be in conformity with the intent and pwpose of tIùs code, The building official, herein referenced, shaI1 be the assistant director of nlannine: and h!ñldine: àireetar ef1:nBl.åiBg 8Bå heasiBg. 15.16.030 Section 110.1 amended to confer "suitability or alternate materials" jurisdiction of Board of Appeals. ~tf/ 0- 9 - Section liD.! of the UMC as it applies in Chula Vista shall read as follows: Section liD,! Board of Appeals and AdvisoIO. To detennine the suitability of alternate materials, methods of constIUction and· to provide for reasonable inteIprelaûon of the provisions of this code, there shall be and is hereby created a board of appeals and advisoIO consisting of seven members who are qualified by e>:perience and training to pass upon matters pertaining to mechanical design, constmction and maintenance and the public health aspects of mechanical systems and who are not employees of the jurisdiction. The buildin~ official àkeeter af ¡..ØlàiBg 9Bå hBÐ5Íflg shall be an ex-officio member who shall not be entitled to vote and who shall act as secretary to the board. The board shall be appointed by the mayor and confirmed by the city coWlcil The board shall render all decisions and findings in writing to the buildin~ official åiIeelor of ¡..ØlàiBg II!IIi heHSing with a duplicate copy to the appellant The decision of the board is final, 15.16.040 Subsection 115.1 ameuded to specif)'lopI fee structure. Subsection 1I5.1 of Section 1I5 of the UMC as it applies in ChuIa Vista shall read as follows: Fees. Subsection lI5.! General. Fees shall be assessed in accordance with the master fee schedule of the city of ChuIa Vista. SECTION IT. FINDINGS AND DECLARATION The City COWlcil of the City of Chula Vista specifically and e>:pressly finds and declares that the nature and uniqueness of the climate, terIain, and locaûon does necessitate and demand specific amendments to the California Mechanical Code, !998 Edition and the Umform Mechanical Code, !997 Edition which are noted in the Chula Vista Municipal Code and restated in this Ordinance. SECTION IIL EFFECTIVE DATE. This ordinance will take effect and be in force on July 1, !999, Presented by Approved as to form by . g and BuildingIBuilding Official ¿,r .,< (ç- /() K r ORDINANCE NO. ~ 7%.J~1J AN ORDINANCE OF TIŒ CITY OF CHULA VISTA AMENDING CHAP1ER 15,18 OF TIŒ CHULA VISTA MUNICIPAL CODE ADOPTING TIŒ UNIFORM CODE FOR TIŒ ABATEMENT OF DANGEROUS BUilDINGS, 1997 EDmON TIŒ CITY COUNCIL OF TIŒ CITY OF CHULA VISTA DOES ORDAIN AS FOLLOWS: SECTION 1. That Chapter 15.18 of the ~uIa Vista Municipal Code is hereby amended to rea~s: , ~ ~\) Chapter 15.18 ~f:> ~ . «.~\)~ ABA1'EMEJI.'T OFDANGERO~INGS CODE Sections: 15.18.010 Uniform Code for the Abatement of Dangerous Buildings, ;!/94 1997 Edition, adopted b)' reference. 15.18.020 Subsection <a) of Section 20L1 amended to Designate A.!ri<fant Director of Plannim. and Bui1lfinø Ditee1sF øfBøildiBg aød HBHSæg: as "Building Official". 15.18.030 Subsection <a) of Section 205.1 amended to Designate Board of Appeals and Advisors as Board of Appeals. 15.18.010 Uniform Code for the Abatement of Dangerous Buildings, 19941221 Edition, adopted by reference. There is hereby adopted by reference that certIin documen1 known and designated as the Uniform Code for the Abatement of Dangerous Buildings, ,J,994- l22l Edition as copyrighted by the International Conference of Building Officials. Said document is hereby adopted as the Dangerous Buildings Code of the City of Chula VISta, California providing for a just, equitable and !I3CIÎcab1e method, to be M1m1,1otive with and in addition to any other remedy provided by the Building code, Housing Code or otherwise available by Jaw, whereby buildings or structures which from any cause endanger the life limb, health, morals, property, safety or welfàre of the general public or their occupants may be required to be repaired, vacated or demolished and the regulations, provisions, penalties, conditions and terms of said Dangerous Building Code, ~ lJ!21 Edition, are hereby referred to, adopted, and made a part hereof, as though fully set forth herein, excepting such portions as are hereinafter deleted, modified or amended. 15.18.020 Subsection <a) of Section 20L1 amended' to Designate A.!ri<fant Director of Plannin.. and Bui1dinø' DiFeetSF øfBaillliø.g: ud HBli5iøg as "Building Official". Section 201. 1 of the Uniform Code for the Abatement of Dangerous Buildings, as it applies in Chula Vista, shall read as follows: Section 20Ll Administration. The building official is hereby authorized and directed to enforce all the provisions of this code, The building official shall have the power to render intetpretations of this code and to adopt and enforce rules and supplemental regulations in order to clarify the application of its provisions, Such interpretations, rules and regulations shall be in conformity with the intent and purpose of this code, ø ,¿/1/1 ~--I( -.....- The building official sha1I be the assistant director of n1annin2 and buildin2 åirestor af lJ1JildiBg and àall5ifig. 15.18.030 Subsection (a) of Section 205.1 amended to Designate Board of Appeals and Advisors as the Board of Appeals. Subsection (a) of Section 205,1 of the Unifonn Code for the Abatement of Dangerous Buildings, and the ûtle precedent thereto, as it applies in Chula Vista, is hereby amended to read as follows: Board of Appeals and Advisors, Section 205,1 General In order to hear and decide appeals of orders, decisions or determinations made by the building official relative to the application and interpretations of this code, there is hereby established a Board of Appeals and Advisors consisting of seven members who are qualified by ex-perience and tIaining to pass upon matteIS pertaining to building construction, use and occupancy. The assistant director of 01annin2 and buildin2 èiœetor ofÐllildiBg aruI àe8SÎBg sha1I be an ex-officio member who sha1I not be entitled to vote and who sha1I act as secretary to the Board. The Board of Appeals and Advisors sha1I be appointed by the mayor and confirmed by the city council The Board sha1I render all decisions and findings in writing to the assistant director of nlatmin2 and buildin2 IIirootsr efbllilåiBg 8Ðà J¡a"-'~g with a duplicate copy to the appellant. Appeals to the Board sha1I be processed in accordance with the provisions contained in Chapter 5 of this code or in accordance with such procedures as may be prescribed by the City Attorney of the City of 0mIa Vista. The decision of the Board is final. The Board of Appeals and Advisors shall recommend to the city council such new legislation deemed necessary to govern construction, use and occupancy of strnctures, in the City of Chula Vista. SECTION II. FINDINGS AND DECLARATION The City Council of the City of Chula VISta specifically and expressly finds and declares that the nature and uniqueness of the climate, terrain, and location does necessitate and demand specific amendments to the Unifonn Code for the Abatement of Dangerous Buildings, 1997 Edition which are noted in the Chula Vista Municipal Code and restated in this Ordinance. SECTION ill EFFECTIVE DA1E, This ordinance will take effect and be in force on July 1, 1999, Presented by Approved as to fonn by ~4;ld?'¿ Robert Leiter . Director of Planning and Buil g g and BuildingfBuilding Official ~-¿// -;¿ {¡; -/2 . - - ORDINANCE NO. ;. ? 3' J'¡''' 8 AN ORDINANCE OF TIŒ CITY OF CHULA VISTA AMENDING CHAPTER 15.20 OF TIŒ CHULA VISTA MUNICIPAL CODE ADOPTING TIŒ CALIFORNIA HOUSING CODE, 1998 EDmON AND TIŒ UNIFORM HOUSING CODE, 1997 EDmON TIŒ CITY COUNCil. OF TIŒ CITY OF CHULA VISTA DOES ORDAIN AS FOLLOWS: SECTION 1 That Chapter 15.20 of the <:hula VlSta Municipal Code is hereby amended to read as fOnOWK\O~ , ~\P~ ~~<¡) CHAPTER 15.20 S>\~~ . ~ HOUSING CODES . >:;ÇfJ~ ~ Sections: ~ 15.20.010 Californi. Ron.in.. Codp_ 1998 F.dition .nd UDiform Housing Code, ~ ~ Edition, adopted by refereuœ. 15.20.020 Section 20L1 amended to Designate A".iotant DirPrtor of PI.nn;n.. .nd Bnndin.. DÍI eetOF afBaildiøg ad HSHÏBg as "Building Official". 15.20.030 Section 203.1 amended to Designate Board of Appeals all "housing advisory and appeals board". 15.20.040 Section 304 added to Require Anonal Housing Permit. 15.20.050 Section 305 added to Require Housing Permit Fees to be Set by City's Master Fee Scbednle. 15.20.060 Section 306 added to Require Snspension or Revocation of Anonal Housing Permit Where Operation is Non-Conforming. 15.20.010 C.liforn;. Ron.;o.. Codp_ 1998 F.dition and UDiform Housing Code, ~ ~ Edition, adopted by reference. There is hereby adopted by reference that certain document known and designated as the ('»l¡fornia Housinl! (,.ndP 1998 Edition and Unifmm Housing Code, ~ l22Z Edition as copyrighted by the International Conference of Building Officials. Said docmnent is hereby adopted as the Housing Code of the City of Chula VIsta, California providing for the issuance of housing permits and providing the minimum requirements for the protection of life, limb, health, I.I1U~, safety and welfare of the geneml public and the owners and occupants of residential buildings in the City of ChuIa VIsta, and the regulations, provisions, penalties, conditions and terms of said ('»¡¡fornia Housinl! Code. ] 998 Edition and Unifmm Housing Code, ~ .122.Z Edition, are hereby referred to, adopted, and'made a part hereot: as though fully set forth berein, excepting such portions as are hereinafter deleted, modified or amended. 15.20_020 Section 201.1 amended to Designate A..i<tant D;l"Prtor of PI.no;n.. .nd Bnild;n.. DB eeteF sf BllildiBg 8Bd HsøsiBg aa "Building Official". Section 20 L] of the Uniform Housing Code, as it applies in Chula VIsta, shall read as follows: Section 20Ll Authority. The building official is hereby authorized and directed to enforce all the provisions of tbis code. For such purpose, the building official shall have the powers of a law enforcement officer, )ff ¡,f r (p- 13 The building official shall have the power to render inteIpretations of this code and to adopt and enforce rules and regulaûons supplemental to this code as may be deemed necessary in order to clarifY the application of the provision of this code, Such interpretations, rules and regulaûons shall be in conformity with the intent and puIpOse of this code. The building official shall be the assisl3nt director of t)larmin~ and buiJdinlZ åifeeter ef1:nHlåiBg and he··-:-g. 15.20.030 Section 203.1 amended to ~gnate Board of Appeals and Advisors as "housing advisory and appeals board". Section 203.1 of the Uniform Housing' Code, and the title precedent thereto, as it applies in Clu1la Vista, is hereby amended to read as follows: Board of Appeals and Advisors. - Section 203.1 GeneraL In order to provide for reasonable interpretation of the provisions of this code, to mitigate specific provisions of the code which create practical difficulties in their enforcement and to hear appea1s provided for hereunder, there is hereby established a Board of Appeals and Advisors consisting of seven members who are qualified by e>;perience and tIaining to pass upon matters pertaining to building construction, use and occupancy of residential structures. The a..sistant director of DIanninl! and hlli1diOl!: æreetef Bf lnJÜåiBg aBEI ka"~:-g ~\.~11 be an ex~fficio member who shall not be entitled to vote and who shall act as SecretaIy to the Board. The Board of Appeals and Advisors shall be appointed by the Mayor and confirmed by the City Council. The Board shall render all decisions and findings in writing to the a~~~ director of n1anninp and bnildinl! åÏfester sf ¡,..;¡ .:~g III1!i liausiøg with a duplicate copy to the appellant. Appeals to the Board shall be processed in accordance with the provisions contained in Section 1201 of this code or in accordance with such procedures as may be prescribed by the City Attorney of the City of Chu\a Vista, The decision of the Board is final. The Board of Appeals and Advisors shall recommend to the City Council such new legislation deemed necessary to govern construction, use and occupancy of residential structures, in the City ofChu\a VISta. 15.20.040 Section 304 added to require Annual Housing Permit. Section 304, and the title precedent thereto, is added to the Uniform Housing Code, as it applies in Chula VISta, which Section shall read as follows: Annual Housing Permit Section 304.1 It shall be unlawful for any person, firm, partnership, or corporation, either for himself or itself; or for any other person, firm,' partnership, or CXIIpOI3tion to own or operate an apartment house, lodging house or hotel without first obtaining a housing permit therefor. Section 304,2 The Annual Housing Permit provided for in this code shall be due and payable to the Cit;y of Chu\a Vista on the first day of January of each year in advance, The housing permit fee shall be paid concurrently with the business license fee, Section 304,3 If any person, firm, partnership or corporation commences the opexation of an apartment house or hotel during the calendar year, the housing permit shall be prorated on a quarterly prorata basis for the calendar year, Section 304.4 A permit to operate and mointoin an apartment house or hotel is not transferable, ~ ~ "'-.2. (0 - It{ v 15.20.USO S~ion 3US added to require Housing Permit Fees to be Set by City's Master Fee Schedule. S:ction 305, and the title preœdent th::reto, is added to the Uniform Housing Code, as it applies in Chu1a VlStI, whic:h S:ction shall read as follows: Housing Pennit Fees - Apartment Houses, Lodging Houses, Hotcls and Motels, S:ction 305,} The fee for a Housing Pennit required by Se..'1Íon 304 of this ordinance shall be as presently desi.gnared, or as it may hereafter be amended as set forth in the Master Fee Sc:hedule of the City of Q¡ula VIsta. For the pmpose of this section, a "unit" shall mean ea::h apanmen1 in an apartment house, eac:h sl=ping room in a hotel, mot::\, and lodging heuse, and ea::b apanment and each hotel, motel sl=ping room in a building comaining both apanm::nts and hotcJ/mote1 sI=ping rooms. Separa!f: apartm::D1 house building and s=par.ne hotcJ/motel building, or combination thereof, lo:ated upon a single par..el of land or contiguous parcels of land, und=r the same own=hip, shall be treated as one apartm::D1 house, or hotel for the pmpose of compuring the fee prescnòed by this se..'1Íon. S:ction 305,2 Pcna!ty for Delinquent Paym=nt If the housing permit is not paid on or before the thirti=th (30th) day of the month following the dale wh~ it ì=ame due, then a penalty in an am01m1 equal to twenty-five pe=nt (25%) of thI: permit fee due and payable shall be added thereto, and no su::b permit shall be issued until suc:h p::ua\ty bas been paid. Se=tion 305.3 The 3t;sic:t3nt director of ulannmo and hllildinE: àireaer e: 9uilàæ.; aøå hB....:~ô shall cause to be made such inspections, at su::b intervals, as shall be d=ed =ssary to insure compliance with thI: provisious of this code. 15.20.060 Section 30G added to require Suspension or Revocation of A,nnual Housing Permit Where Operation is Non-Conforming. Se..'1Íon 306, and the title preœdent th::reto, is added to the Uniform Housing Code, as it applies in ChuIa VlStI, whi::b Se.."1Íon shall read as follows: Suspension and Revocation of Housing Pennit Se..'1Íon 306 Wh=er it is found that any apanm::nt house, lodging house, how or motel is not b-..ing conducted in conformity "áth this code, t1Ìe annual housing permit to 0pern1e shall be subject to revo::a1Îon or suspension by the building official. . SECTION 11 FD®INGS A.'ll) DECLARATION Tne City Coun::il of the City of Chula VLS:a specifi::ally and expressly finds and de::lares that the nature and uniqu=ss of the climate, t=in, and lo::a1Îon does n=ssi:ate and demand sp-..cific amendments to the California Housing Code, 1998 Edition and the Uniform Housing Code, 1997 Edition which are noted in the Chula V LS:a Municipal Code and restated in this Qrdinan::e. , --- ~ ~ b '-j ~ .. SECTION ill. EFFECTIVE DATE. This ordinan'7 will taIœ c:ffect and be in force on July 1, 1999, Pr=nred by Approved as to foxm by ~~/R¿,' Dir-..::tor ofP~ and Building . A'~ ~ j. -j? ORDINANCE NO. :l.?ffý-ß AN ORDINANCE OF THE CITY OF CHULA VISTA AMENDING CHAPTER 15.24 OF THE CHULA VISTA MUNICIPAL CODE ADOPTING THE CALIFORNIA ELECTRICAL CODE, 1998 EDmON AND THE NATIONAL ELECTRICAL CODE, 1996 EDmON THE CITY COUNCn. OF THE CITY OF CHULA VISTA DOES ORDAIN AS FOlLOWS: ~ R\\O SECTION 1. That Chapter 15,24 oftbe Q¡uIa ¥1Sta Municipal Code is hereby amended to read as fOll~ . ~~\) q.apter 15.24 (çP\~ ELEcrRICAL CODE AND REG~~~ ~ Sections: 15.24.010 Califnrnia 1<'.I...m~al Cnd.... 1998 F.ditinn and National Electrical CodH99i l22ñ Edition and Uniform Administrative Code Provisions for the National Electrical Code, 199ð ~ Edition, adopted by reference. 15.24.015 Advisory and Appeals Board. 15.24.020 Enforcement Authority - Powers and Duties of the Bnildin.. om,ial D;' eetBF øf Buihliø.g &Bit Rø1l5ÍRg 15.24.025 Section 304(a) of the Uniform Allm;n;otrative Code Provisions for the National EJectricaI Code, Permit Fees Amended to Rderence the Master Fee Schedule. 15.24.030 Section 304(b) of the Uniform AdmiDistrative Code Provisions for the National Electrical Code, Plan Review Fees, Amended to Reference the Master Fee Schedule. 15.24.035 Previously Used Materials. l5.24.040 Fees for Permits and Inspections. 15.24.045 Distribution Panels - Separate Required When. 15.24.050 Circuit Cards to be Posted When. 15.24.055 EIedric Fences - Defined - Prohibited. 15.24.060 Phase Arrangement - Amended. 15.24.010 California Electrical Code, 1998 Edition, known as the California Code of Regulations, TrtIe 24, part 3 and National Electrical Code, ~ l22ñ Edition, Adopted by Reference. There is hereby adopted by reference thai certain document known and desigoated as the r~1ifomia Electrical r.ndP. 1998 FÆôon and National Electrical CQde, ~ l222.Eðiti.on, as pub1isbed by the National Fire Protecôon Association, and including the Uniform AdministIative Code Provisions for the National Electrical Code, -HI93 ~ Edition, as pub1isbed by the International Confereoce of Building Officials. Said documents are hereby adopted as tbe Electrical Code of tbe City of 0mIa VISta, California regulating the installation, repair, operaôon and maintenance of all electrical wiring and electrical apparatus of any nature whatsoever, whether inside or outside of any building. and issuance of permits and providing for the inspecôon tbereof. 15.24.015 Board of Appeals and Advisors, Subsection (a) of Secôon 203 of the Uniform AdministIative Code Provisions for the National Electrical Code amended to designate Board of A¡!peaIs and Advisors as the Board of Appeals. In order to hear and decide appeals of orders, decisions or detemùnations made by the Building Official relaôve to tbe application and interpretations of t1ús code, there shall be and is hereby created a Board of ~ b, L -¡- (Ó -1£ (1 - Appeals aod Advisors consisting of seven members who are qualified by e>:perience aod training to pass upon matters pertaining to electrical aspects of construction. The bui1din~ official àiæeter Bf lnIillIiBg BIId !leusing shall be an ex-officio member who shall not be entitled to vote aod who shall act as secretaIy to the Board. The Board of Appeals aod Advisors shall be appointed by the city council from the qualified electors of the City in accon:lancc with the provisions of Section 600 et seq, of the Charter. The Board shall render all decisions aod findings in writing to the buiJdin~ official diJestar BfbHilding aÐd heusiBg with a duplicate copy to the appellant The decision of the Board is final The Board of Appeals aod Advisors shaII recommend to the city council such new legislation deemed necessary to govern electrical aspects of consttuction in the City of ChuJa VISta. 15.24.020 Enforcement Authority - Powers and Duties of the huild;".. nffioial DiFeetOF of Bllildiøg BIId HOHSiB;;; . . Subsection (a) of Section 201 of the Uniform Administrative Code Provisions for the National Electrical Code amended as it applies in Chula Vista shall read as follows: Section 201(a) General It shaII be the duty of the buildin~ official Direster BfBHildiag and Ile....:"'g to enforce the provisions of this code. The buiJdinº" official shall be the A~rumt DirectOT of Planninf! and Buildin~ For such pwposes, the Building Official shall have the powers of a law enforcement officer, 15.24.025 Section 304(a) of the Uniform Administrative Code Pl"O\isions for the National Electrical Code amended to have permit fees reference Ci1J"s Master Fee Schedule. Subsection 304(a) of Section 304 "Fees" of the Uniform Administrative Code Provisions for the National Electrical Code as it applies in Chula Vista shall read as follows: Section 304(a) Permit Fees, The fee for each permit shall be set forth in the Master Fee Schedule of the City of ChuJa VISta. 15.24.030 Subsection 304(b) of the Uniform Administrative Code Provisions for the National Electrical Code amended to have plan review fees reference City's Master Fee Schedule. Subsection 304(b) of Section 304 "Fees" of the Uniform Administrative Code Provisions for the National Electrical Code as it applies in Chula Vista shaII read as follows: Subsection 304(b) Plan Review Fees. When submittal documents are required by subsection (b) of Section 302, a plan review fee shaII be paid at the time of submitting the submittal documents for plan review, The plan review fees for electrical work shaII be eqnal to 25 perœnt of the total permit fee as set forth in the Master Fee Schedtùe of the City ofChula Vista. 15.24.D35 Previously Used Materials. Previously used materials shall not be reused in any WOlle without approval by the buildin~ ~ àirester efbHilIliBg aÐd !lBnsing or an authorized deputy, 15.24.040 Fees for Permits and Inspections. Fees for processing aod inspecting electrical permits shall be specified in the master fee schedule. 5-t" # ~ Co -~ \~ Note: Ampere rate shall apply to the secondary side of the transformer or transformers, 15.24.045 Distribution Panels - Separate Required When. Each store in a store building, each flat in a flat building, and each building used as a dwelling shall be so wired that each store, apartment, flat ,or dwelling shall have separate lighting and/or power distribution panels, Such panels shall not serve other portions of the building. Hotels, motels, hotel apartments and similar types ofbuildings may be wired from que or more distribution panels, 15.24.050 Circuit Cards to be Posted When. When requested by the buildinl! official àirëetar of l¡ui'd:,g Bfià heusiøg, a complete schedule of circuits showing the number, kind and capacity of each outlet on each circuit shall be posted on each job prior to rough inspection. 15.24.055 Electric Fences - Dermed - Prohibited. A, As used herein, the term electric fence includes all fences which in any way use electrical energy as an additional deterrent or have wires charged "ith electricity which are not covered with adequate insulation to protect persons and animaIs coming in contact therewith. B. No electric fence may be constructed, maintained or operated within the city. 15.24.060 Phase Arrangement - Amended. Section 384-3(f) of the 1993 National Electrical Code is hereby amended to read: Phase Arrangement. The phase arrangement on three-phase buses shall be A, B, C from front to back, top to bottom, or left to right, as viewed from the front of the switchboard or paneIboard. The C phase shall be that phase having the higher voltage ground on three-phase, four-wire delta-connected systems, Other busbar arnmgements may be permitted for additions to existing installations and shall be marl<ed SECTION IT. FINDJNGS AND DECLARATION The City Council of the City of Chula VISta specifically and expressly finds and declares that the nature and uniqueness of the climate, terrain, and location does necessitate and demand specific amendments to the National Electrical Code, 19% Edition and Uniform Administrative Code Provisions for the National Electrical Code, 19% Edition, which are noted in the Chula Vista Municipal Code and restated in this Ordinance, J ). ---3 to -"f1- I ~ 16 .~ SECTION ill EFFECTIVE DATE, TIris ordinance will take effect aod be in force on JuJy 1, 1999. Presented by Approved as to fonn by ß./6.:é·¿ Robert Leiter Director of P . g and uilding . ~~ BradRemp, CRO Assistant Director ofP 'g and Building/Building Official ~ I ~~~ ~LO * I - - , ORDINANCE NO. ,;¿ ?r¿- ß AN ORDINANCE OF THE CITY OF CHULA VISTA, ADOPTING A NEW CHAPTER 15.26 OF THE CHULA VISTA MUNlCIP AL CODE ADOPTING THE CALIFORNIA ENERGY CODE, 1998 EDmON THE CITY COUNCIL OF THE CITY OF CHULA VISTA DOES ORDAIN AS FOLLOWS: SECTION I. That a new Chapter 15.26 of the Chula Vista Municipal Code is hereby added to read: , r\\f$< .Chapter 15.26 ¢'-'Y ~~ ~~ El'.'ERGY CODE ~ Sections: .rØ> , 15.26.010 California Energy Code, 1998 Edition, adop~ by reference. 15.26.010 California Energy Code, 1998 Edition, adopted by reference. There is hereby adopted by reference that certain document known and designated as the California Energy Code, know as California Code of Regulations Title 24, Part 6, 1998 Edition as copyrighted by the International Conference of Building Officials. Said document is hereby adopted as the Energy Code of the City of Chula Vista, California for the purpose of regulating building design and construction standards to increase efficiency in the use of energy for new residemial and nonresidential buildings. SECTION n. FINDINGS AND DECLARATION The City Council of the City of Chula VISta specifically and expressly finds and declares that the nature and UlÚqueness of the climate, terrain, and location does necessitate and demand specific amendments to the California Referenced Standards Code, 1998 Edition which are noted in the Chula Vista MUlÚcipal Code and restated in this Ordinance. SECTION ill. EFFECTIVE DA1E. This ordinance will take effect and be in force 0/1 July 1, 1999. Presented by Approved as to fonn by ~~L.£/ Robert Leiter ¡?' Director of Planning and Building ~~ Brad Remp, C.B.O Assistant Director ofPlanru g and BUlldmglBul1dmg OfficIal ,ø1~ fo - ì1 ~\ - - ORDINANCE NO. ~ 7Fr7- ß AN ORDINANCE OF TIIE CTIY OF CHULA VISTA AMENDING CHAP1ER 15,28 OF TIIE CHULA VISTA MUNICIPAL CODE ADOPTING TIIE CALIFORNIA PLUMBING CODE, 1998 EDmON AND TIIE UNIFORM PLUMBING CODE, 1997 EDmON TIIE CTIY COUNCIL OF TIIE CTIY OF CHULA VISTA DOES ORDAIN AS FOLLOWS: ~ SECTION 1. That Chapter 15,28 of the chuJa V'ISta Municipal Code is hereby amended to read ~: , ¢'~ ~'~~ PLUMBING CODE AND REGULA Sections: ~ . 15.28.010 Califnrnia Plumh;n.. Cnde. 1998 F.ditinn and' . orm Plumbing Code, ,19941m Edition, adopted by refereoc:e. 15.28.020 Section 102.1 amended to designate building official. 15.28.030 Section 103.4.1 amended to have fees reference 1:Ït)"s Master Fee Schedule. 15.28.040 Section 103.4.4 amended to exempt imposition of investigation fees for emergency work 15.28.050 Section 103.5.6 amended to reference the 1:Ït)"s Master Fee Schedule. 15.28.010 ~Hlifornia Plnmhinø Cndf"_ 199R F.ditinn L--no,,"'11 a~ the Ca1ifnmia Code of RP.Øldatinn!IL Titlp 24. nart 5 and Uniform Plumbing Code, ~ 1m Edition, adopted by reference. There is hereby adopted by reference the (",~lifomia Plmnbint! Code 1998 EditiOD- known a.c; the r.1ifnmi. Code of Re...ù.tions. Title 24 nart 5 and Uniform Plumbing Code, -1-994 J.22Z Edition, and Appendices A, B, C, D and H document as copyrighted by the InternaIionaI Association of Plumbing and Mechanic:al Officials ("UPC"), Said document is hereby adopted as the Plumbing Code of the City of ChuIa ¥lsta for regulating the complete ;n¢lllarion, maintenance and repair of plumbing, drainage systems, water systems, gas systems, private sewage disposal systems on all properties and within all buildings and stroctmes in the City. Providing for the issuance of permits and collection of fees therefor and each and all such regulations, provisions, penalties, conditions and terms of the ('j:lifomia P1mnbin{[ Cnde 1998 Edjti~ and UnifOIID Plumbing Code, -1-994 .l221 Edition, and Appendices A, B, D and H are hereby referred to, adopted, and made a part thereof as though fully set forth herein, excepting such portions as are hereinafter deleted, modified or amended. 15.28.020 Section 102.1 amended to designate building officiaL Section 102.1 of the UPC as it applies in ChuIa ¥ISla sba1l read as follows: Administrative Authority, Section 102.1 The Administrative Authority shall be the assistant director of DIamún~ and buildin~ Diroe!or efBllÍlåiBg anå IIallSÏHg the Authority duly appointed to enforce this code, ~¿; n , o -~ ro-ð- ~ ,-I 15.28.030 Section 103.4.1 amended to have fees reference citJ"s Master Fee Schedule. Subsection 103.4.1 of Section 103.4 "Fees" of the UPC as it applies in Chula VIsta shall read as follows: 103.4.1 Permit Fees. Thefee for each permit shall be set forth in the Master Fee Schedule of the City of Chula VIsta. 15.28.040 Section 103.4.4 amended to exempt imposition of investigation fees for emergency work. Subsection 103.4,4 of Section 103.4 "Fees" of the UPC as it applies in Chula VIsta shall read as follows: Section 103.4.4 Investigation Fees. . Subsection 103,4,4,1 Whenever any work for which a permit is required by this code has been commenced without first obtaining said permit, a special investigation shall be made before a permit may be issued for such work. Subsection 103.4.4,2 An investigation fee, in addition to the permit fee, shall be collected whether or not a permit is then or subsequently issued. The investigation fee shall be equal to the amount of the permit fee that would be required by this code if a permit were to be issued The payment of such investigation fee shall not exempt any person from compliance with all other provisions of this code, nor from any penalty prescnDed by law, Subsection 103,4,4.3 This provision shall not apply to emergency work when it shall be proven to the satisfaction of the Administrative Authority that such work was urgently necessary and that it was not practical to obtain a permit before commencement of the work. In all such cases, a permit must be obtained as soon as it is practical to do so, and if there be an wueasonable delay in obtaining such permit, the investigation fee as herein provided for shall be charged. 15.28.050 Section 103.5.6 amended to reference the city's Master Fee Schedule. Section 103.5,6 of the UPC as it applies in Chula VIsta shall read as follows: Section 103.5,6 Reinspections, A reinspection fee may be assessed for each inspection or reinspection when such portion of work for which inspection is caJ1ed is not completed or when reqWred corrections have not been made, This provision is not to be intexpreted as requiring reinspection fees the first time a job is rejected for failure to comply with the requirements of this code, but as controlling the practice of calling for inspections before the job is ready for inspection or reinspection. Reinspection fees may be assessed when the approved plans are not readily available to the inspector, for failure to provide access on the date for which the inspection is required, or for deviating from plans requiring the approval of the Administrative Authority, To obtain a re-inspection, the applicant shall file an application in writing upon the fonn furnished for that purpose and pay the re-inspection fee in accordance with the Master Fee Schedule of the City of Chula VIsta. In instances where reinspection fees have been assessed, no additional inspection of the work will be perfonned until the required fees have been paid. gr &/7)ç), ~ -ðfroll-; r ~ SECTION IT, FINDINGS AND DECLARATION The City COImcil of the City of Chula Vista specifica1\y and expressly finds and declares that the nature and uniqueness of the climate, tenain, and location does necessitate and demand specific amendments to the CaIifornia Plumbing Code, 1998 Edition and the Uniform Plumbing Code, 1997 Edition which are noted in the Chula Vista MunicipaJ Code and restated in this Ordinance, SECTION Ill. EFFECTIVE DATE. This ordinance will take effect and be in force on July 1, 1999, . Presented by Approved as to form by '~AY f~ Director ofP1anning Building City Attorney ~ -¡j 0_ (-- ~ r:f j,(J-/30 - - ORDINANCE NO. J. 78"1)---8 AN ORDINANCE OF 1HE CIIY OF CHULA VISTA AMENDING CHAPTER 15.36 OF 1HE CHULA VISTA MUNICIPAL CODE ADOPTING 1HE CALIFORNIA FJRE CODE, 1998 EDmON AND 1HE UNIFORM FJRE CODE, 1997 EDmON 1HE CITY COUNCil. OF 1HE CITY OF CHULA VISTA DOES ORDAIN AS FOLLOWS: ~o~ SECTION 1. That Chapter 15.36 of the Chula VIsta MumC1pa1 Code IS hereby amended to read ows: , ,¢'~ Chapter 15.36 ø-<;;>~ FiIœ CODES ~~ ~ c,o Sections: ":J<ð 15.36.010 C.lifnrni. Fire Cndr_ 1998 F,ditinn .nd Uniform Fire Code, ~ 1997 Edition, Adopted by refereuce. lY'.019 FIR Dep8ÂIBeøt ~A. r--ss &BEl "1JIteF Ellp,])" ~eeti8B 90U1 ameødeEb lS..3'.tI¡9 Wa1eF 8BJlJllies _II F1Æ HydraRts SeeBeR 993. i.2 BlBeRdetl. 1S.J',Q1Q PeJtaÐle FiFe ERiBguishers EeRieR 19Q~1 8:lBeø.deà. lS..3,.~g Fire EØiøgøi~L:_g: Eystt-s Eee8.88 1993.1.1 8:lBeø.dell. 1S.J'.O'Q FiÆ E:HiøguishiRg 83 sfr-!" EeI!t:Ï8B lQOJ:.:l2 8fBeødeà. 1S.3',070 Fire E:Hiag..ina..:-, 85'stem5 EeeB88 1903.1.8 CF8Up R1 &BIeBEle" l§.Jíi.Q8Q Fire E:Hi.øg--:nl.=-g gyP - ~18øit8FÍBg aød.\IaAæ Eeeti9B lQQJ.J &BIeRde'- lS..3'.99Q FiÆ E-=-~-:_I..:_g 8)'11--- StøBdpipe BequirelBeøts Tallie 1004 ~\ --- deli. 1YUQO FiFe .\lamI Sj·stel&5 EeetiOB 1997 ameøded is add S.eeûS8 1997.1.1a Pl8B5 ed S:p eeilieatiea 1U'-110 Fife .\l8PB! 8'y.r£--; Eeœ8B 11"91.38.1.1 E)'''¿-- RelluiremeBt:5 ameøded:. 1!..3'-129 Fift .\IøAø S,!' ~ SeeB8R 199-U..a.'.1 :Af8M8FÏBg is 8IBeø.ded. 1!..a'.139 Ceøn gaf~' PI' --:885 løeiReNt8~ Olleø BIII'IIiBg _II e8--ereÎ81 Bmeeue Pits DÌ8e8l1Ô:Buaøee SeeB88 1102..1§ is ameø.detl. lã..a'.1 ..9 T~ C_8pies all T-em.p8P8:I'Y 1tlembFØBe 8wetures TalJle ]2Q§ 1l1.8eøB8~ aeee8S aøll paÄåRg fer ieBts., e&Bopies ad æm.Jl8~· meœhFlHle stAietures is BlBeødetl. 1S.3'.lS0 Dispeø.siBg }JJlEKegF8HBd ~aøh5 ~eeti88 S2914.1ameøåeå 1S.JU'O FI---Yle &. e8æhB5ÛlJle lÅtlllids SpiU CBBtP8~ DF8ÌBage CoBtF81 aø.d Eee88du,' Cø---t-=--eøt ~eeü.8B 1991.&2 8pill C8øtNl is &llleø.deaL 1~..a'.1-;9 'O---d8&5 r.Werials IdeøHlieati88 Sig:øs E'eeB8B S091. -; ameøded. 1§"a'.lg9 High Piled £8B1hutilJle StaNge Pallet StBFage EeeRa8 RIgs added. 15.36.010 Uniform Fire Code, 1994 Edition, adopted by reference. There is hereby adopted by reference that certain documen11mown and designa1ed as the ('"Hfornia Fire ('-Ode 1998 Edition and Uniform Fire Code, and all Appendices, -W94 l22Z Edition, as compiled and publisherl by the International Fire Code Institute in cooperation with the International Conference of Building Officials and the Western Fire Chiefs Association, three (3) copies of which are on file in the office of the City C1erlc. Subject to such amendments as are herein containPil, said documen1 is hereby adopted prescn'bing regulations governing conditions hazardous to life and property from fire or explosion, and each and all such regulations, provisions, penalties, conditions and terms of said Uniform Fire Code are hereby referred to, .,ÆÍ t /(-¡ &~ :J:3-dS ~ adopted and made a part hereof as though fully set forth herein, excepting such portions as are hereinafter deleted, modified or amended as set forth in this Chapter, lS.J'.920 fife Dep&ÂlBeat ¿\eeeS5 Beads &REI ~~eF Supply Eeeti8B 992 ameade" The first fuD pa1"'"ò"-rl~ sf Ee6ÛeB 9Q2.2.1 (ReEfaired :\eee~ sf ~A.~ele 9, Part m ef tlte t.WC as it applies ÌB 1Be City ef ry....1_ V'J.Sta, is kere'ey ameøåeè ts Fe8å as fsIlB"'S, all eßær parts sf said sestiæ te -_:-1àe --u as iB 1Be UFC: Fire .A_~ assess F--.:I~ aÐà . 1he apSeB sf 1fte Fife Chief, fife 'p-rs ~1-._11 Be paL .iàeå iB aaeaI..1---e witk &eeâBB 991 ØfIà 992.2 far evefj" faeility, 'eatiåiBg aT paRisa Bf 8 9ui:ldiBg 1ieæafter esBStmateå er ŒEPi.'eŠ iBte aT V';+\':- 1fte jæ:Î5àÎeâsø WBeø 8B3' peæsø af 1Ðe faetiØs· aT any peltieR ef aB æåefÌ9f VitHI sf t:fte fiyg stæ:y ef 1Be 1nHlåing is leeateà æBÆ .\.._- 159 feet (1§':t)9 BHR, Hem fire apparB.Rl!i assess as mea:sureå 93" BB -1"1"- B;eEI ~e 8feHÐŠ tàe eJ¡ieÂ.9f sf tits 'eatièiBg aT faeility. (See else Eeaâ.EtB 992J fer pSl5Baøel assess t8 1nHl~. 1~.ð'.9Jg Water Supplies ud rIFe Hydnults geetiBB 993 &BIeBded:. Seet:i9B. 993.12 ~ :___n"":eæij ef ."..nisI! 9, Part HI, sf tk.e UFC as it applies 1a tfi.! City sf ~.1.. ~.1:st:a, is keæ'9y ameøåeš ts aàà as feYews after 1ft! :fifSt paragmpà:: FaT fife sa.fe~y àuriBg eaB:S8uæaB, alæmtieø aT àeæaHâaø af B 9uilåiBg, see f Jtiele 8:7." en¡ Fin! hydæfl!s, vr;R8fe reEfUiÆtI iB all miedF;isiaBS, apar-- eamplenes, eemmeæial. àevelepæeB!S, de., _1.....11 be ~i5itn1feš ÍÐ 8B eperaèle eeøå1tiaa prier t8 &BY eeæbBSbèle eeftSlmet:ieø æatarial:s àeiBg ~1a[md ea f:àe site. EB~ ~tßeae\w BÐ5. eaæhastible --"-ïaI is pIssed 9B tlie site aT 8B3' walk is beiBg åaae eaRtfaIy te 1Be pfÐVisiBBS af tBis seåe, the Çßj?f IBíiY eFå.er tàe said v-"-ial1e!B9'í'ed Ífeæ 1M sHe er tBe werk Sleppeå 95' øatiee ÎB wåting smved aa tÐ.e aWBef er 1:&_ aøå BÐ5' saaB p8fSBB5 ~1.....11 fe~~ semply WHB said øatíee __":1 séeBzU'd \1y the QHefte pre a e e å. 1S.J'-99 PoFtallle rIPe EmøgøiGhers EeetiOR 1992 &lBeRde4. The feDav.iBg g-"-ee ~1...~1f Be added te the end efEeaBeø 1992,1(Ceøeæl~ ef ..Aâele IQ eft:he UFC, as it applies ÍÐ 1Be CitJ· ef CIulla '\ 15ta. Tàe -:_:~aæ mt£el fire eJåÏftgÐi:sRer aeeepœèle t8 tåe City ef CBuJa \'ista is 2:\.19BC," lSo]UIS9 Fi~ EØiB~ishÎRg Systems EeeBOB 1993 &lBeBded The fol19\'\'ÏBg sellleBee shall be øàded 18 lIIe eBd of £eelÎ8R 1993.l. 1 (Cæ8¡;¡}.) 8f f.niele 19 ef lIIe \.WC, lIS it 8J!!lies iR !lie City sf Clillla '/¡sta, fJl fife eJSÏRgaishing ~"SteRlS sbaR he iBstaIleà "s' a state 1ieeBSud eantf86tar, ¡;:"eepâ8R: '.J!hæ 8J!!r~ved by !lie Fife Chi~ Pc 3 8eeupaBcies may be eneIFlf'teà Ham thi:S reEf1Hreæent ;.¥ < t'~-.2:- en -~O~ lã~'.Q'9 FiR EmaguiskiBg EysteB15 SecliSR 111113 .2 . SeæeR 1003.2.2 A ' . BBlellded BJ aàeliBg the feHem . (~jJl aG~aøBies er:sept G .'BIg Sô"'eÐ !f9H! ~ ¡;r ' . Be t6 1fte enå ef "Hi I ... R'lSlBØ 3 8Ðà C ._ e e lQ efèem: . Feup U EDsel . , .. __ ...... . ~ ti,....... ... C'·...., ........ .......-- ,~~~ " .-.... . ~ """'" '""" set eF faUf st . æaaB Sf ~ ßf!es er mafa ÌB height '!e af sa_Glia&, '11 " eB sueh 1!;.3'.Q7Q Fire EØiø."'1Iisk· - 8 e IRe JsteB1S SeeBOR 10Q3 3.8 (; SeæaR 1003 2 g . Mal'Rl BBlelldelL ef 1""\....1~ V:~ . 11" (Cf8HJI R DF,isÏ.as 1 . ,15 efe93' am EI a6BUJJ---e~ fA· eB fl'd t8 æaå as faYe.. . e .4tiele 19 ef1:å.e lW{: . '.WII!B 11II !l!!ft!\'ed fiI' ..'5. !he fellowieg pamgraIÌI is aàèed ': ~ li!'f'Ðes iB !lie CiIy àHÜåiB ,fa 5f--'" e ØfId ef 100 - ~_.. ......._. '.U EF.velliøg 1IBiIs, ."nn b er ,~' 1, 1992 aD !lie ~ !he 1'F9\-isiaÐ5 af !!lis S sf e 1"9' ,ded 111' same 1'1Ðj!8f!j' e "o&, !!!!ï aBI! . VI' 11II al'!'r8'Jed fiI '. ' Feg8fàless af!leigltt all Æ spriBkler system er HumBer ef 1§.ð8.9g9 Fire Em .. BBgwsBiBg Sys<·- .. S ~IBBit8F1Bg: aød ' SeGliaD 1003 3 ¡ .1.IønR5 SeeBOR 1903 ð ....,. .....,.. ;.;"...... - " ... , ~ _do. e asfeY.ews' .- ee19eft£eUfCas·t: . u ' I lIj!j!ties la the Cil3' f ..'baR! Je!Iliroà. }.II' .. a ClIllIa Vista, is Rew S'Nitekes 9B aD .~" es sBBtreYiBg the ~1Iter aæ; 5!fÏBI¡ler Sj'SlefllS shall à' 51!J!IH3' fer IIHt-n"~ iBl e elealfie;¡¡fj" SIR ¡ler sys!e meæteFeå WReFe th æs aøå VIlBter 1 :±: 18 R'-',,*~ af ' . ....,._. C - ;¡ 9B æ rau¡¡ !;; Pi' , , . e 1.u_oZo/ ar . .'lSiBB:S 1.1 aÐà 1.2 0 . æaÆ m aR ather esGtlI'aflåe seapaøses. '~ s, , "Ie m9BÍteriø aBè auta--":eaIJ.' - g . water Rew alaI1R 8B s!Bâ ' ~--alted ta 11II ~ Ife1Iàle siW·'· ."nn à " 8B as ~efiI¡ed ",. , IIfIPfEl'\'e~ sentæl' e åisllBatI . àifti aaDS! f [J,F.C. ~'n_.n'" 19 2 slBBa&, 1'9IÐate stati ' _M aBI! s!laR à _._.Be a èe a!li 8f 11 eR or I'f ' e la ' ef, .\onn ' -:: eÐ !l!!fa Ii a¡mela!5' m ' . -- .., .. ,.... . -. ~ .......... .""'" _.....:~.'.'" .... _ ... .... "C." · - -oo.~ ':""" - ... after ailolliaR af!!liS se af!lle CiIy af Chela '" saBeR. These &''(CBF!10N: Unàel de, . IStB aBI! al'!'~' ta paàüe 1llÜi13' Baed Rat ~::~~r Imà -..aln,s ÌB røaàY.·ay baJ¡es pffi·..ilied by 1Be H1ÐÐi~aiit)' er lé.ð'.999 Fire Em .. BBgH.sltæg Systems Stlllld . Th l"l'e IlelaiPelBellts T the UFC e 98ga." af Gr8Hl 2 1IB1i aàle 11191 :. aœeRdelL as It ap¡>lies ta the Cil3.' ef C::; r.sohmUI labeled QOG6II!1III { ,lSta, 15 Rereè;. S5 . ef TaBle 19(;)4 A A 2. 0.......3.· .............- -.....- ".. ~~&m à ., ere at less f:BaB 159 ft . . eetæl1B1g!l1; , e1..6eJ't CFBHj3 R D'·': . .., I.151Ða 3. )tP £/) ;3 r;~~ð~ lS.J(;.ll1l1 Fire \I ~ arm 8ystem PI S, DDS &Bd ¡;!eeü'ie&â £eæsa 100:: 1 SBS Seeâsa 11197 11 nfl!!lies in tile CH,' f ~ P!aru; Bd £pssifieaB . . a &BIeodell 1007,1.1 !-fI!!lieaÐ~~' uIa VISta is liereè5' BIBeaà:~ af Msle III EFire /,¡Jamt 8 . , to add tile foYawHlg _. ~ sleæ¡¡) of the UFC ' G _. ..... "" . · , ......-"" . . .,.~--- pesr t9 system i___1;!~eiBœtl.Bfl£ far fire aim . telBlBSBe lIB!! . Oil. PleBs all!! 'ç; HB 5ÿ5I-, ·....11 be Ð ' ,_,,,....:_ liaE!RSe -~er f' ";,r," eaBaB5 ...._n ineltid 511 RHtteà far 1't!'\~e<1' gall!! eIaræ si .,,_ a ,HI~ ''g lia_ed e. bat Bat be 1;-" ,-5 lIB!! appreval :;'" - ...::,..!:- - -- :::-.. . ... - ,~-:." - .- BBgBUHlber efa!! elJl' Ell baDS, WIring Iype lIB!! ' li'oaèle 5!W·"'g eqai aB ef a!! aIamt I!I!mBllt; d ' 1"-- mal pmem, BVlaes all!! mat ial ' " 'e and m del IIIII\V-"'··'OB, . en s reEIIIf1Bg Iir""'g. a anà 8tate Fire MsfSBal lS,;¡a.l1l1 Ywe ..\lø.rm S .. 19Q7 3 [ems System R . :2.;9.1.1 8:lBeødell. œ'lun:emeø.i5, C FeU! R Dh" SeeB9B loo:;t ~ 'J,aB 1 Oeeu!&Beie S . ,oom " ·2.9>'> 0...., '"' · ..... , , ,. af' Ri I aUf! 11 ¡r-' . faHa'.-,'5, a!! Sth~;':'~:D5~a~:' as it ~~;~~~ ~~~es), The first fu f*II tile --e' e 1æIa' "1Sta' Ii ægmph sf 8eeti. G . .. · - · TaUf! R as8Uf!8B ' ameBèed ta æa¡ G ...~. · rSH19 R, DhiSÍSB I asS! e ~reviàed V\1tß fire oIæ IiJIBf ar·~-e À HB sysI TImeBt lie1l5es tlu S' .11 be pr9'\'Íd . I!IB5 in aesar·--- . aT BIeR! sloRes in àÐ~;æo,:!~R.eSiali~ a~ ~ ~ ---uaillB!! søte_:,,"'th Seeti.aa IQg7.2.9. --.- .. -..."..-.-".-.... ,..-..... ~~....,..::._œ _''''' ¡;;:.- "" · ;;;".. "":.-.....- Jr9!!!f!5' R! !SIODS sf this soeti.BB,' ar BlBI'Ø. "'DaB BB ga R!Sldooaes lhæe ... ,.... ,;.,~ "'...._ :i:''' ""'- _'1.:""" -.,..:: , ".v..ded willi BB er JuJ,' I 1992 . apJIHI ¡eå fire alaI' sa the fHI s5';I- S ,..e... y . ... Hoe .1J1Il'IB S '51 3 [ems geetiBB 19 SeeBaa I Qg 97.J.3.a.l JlloBitaÃ&g is ar-?pded ta Æ9å 7.3,306.1 Gæeral of 'Riel &BIeBllell as f811a,'.'5: . - e III ef tile UFC as i! li , app esiRthe . Whæ feEI 'Fed CH,' ef Chula '"151 ' IBI 113' the Chief; , 11I15 àefeby at A~ete stB~ me alarm eft S . systeæ£ _1.._11 atteoded laæti 8f'\,oe ar a laee! ala< ._' ,be BlBBitOfeE! 93' \rl5la lIB!! ell. These 10eaBBDS ' HB .Alisli giyes 11"-"-'" BB ?W'svell e8ll!ml, . B!Ii, to æanilaFiBg IBIIj ,nat e!Eeeed IQg IBÎi Ie IBId ',1S1JII! ->g.--" ...!>y..BIaIy sa_ IBitiatrd after eàapli es ffem ,tile eit3' Iimi!s ef tile mCa sanstaBlly '''''''' . "'... .... ., '" "'" CeBeFBI Safety P . Seer FœautisBS III" 1881191.Y D" etBeF8tsFSt 9 IJesabBsaøee " pea BHFBÎRg II .."" ,.... ".n. G..... .-.... - 0._'''-'''' emtalS, Üj3,ea ]3. Safet:y Pfesaøt:i CàuIa V¡s!ll, is lieÆb3~ BB<I CeææBÆiel BaÆ aru; £~eBaR 11112.25 fI)i , Bm8Ràed Ie ead eooe PHs af ' . ssa_s ¡ R! as fallo,,'5: . JIlele II af the UFC ,e ~f Seeti.sa II Q2 ... ""'. -- ........... ""~ elHef del' ta reIUÎf , , , emunes that sæ . e, æ_or ar fir sf the !Reinesar 8k. ~sSlaRS are alf, '.. B3laee l15e ta be iææ' . ar firep!aee IS dl!termiBed Ò3.e;: .~ ~s asB8J9B15 sf 5IlffiI":~~)' æssanâBHßE! if the e e Hefta 6BBStÌtute 8 1..___ ~B prepe:rty er iftk -JaH:5 6Bnå:iâ e use en. y ~ to-#~ 15~U 19 Teats, C " . &Belnes &Bd Tem 8 paÄBøg feF ~ . P F8I'3" ÞLfeÈPØBe 8m eÐ e8:118111e5 aød telBp8P&1)0 mem: ures Table J'29é .\ L8eøR8 . "" -- Y. ---........ . . - ... . .oeess and Pm! . fi e Be6ess moo..'BY "....~_' d. B¡!IIie '!II æ¡g er Tems, CaftB!ies BBII:¡: as she".. m the !!IiftI I s m Ie CiI3' af CIIII!B "¡sIB Î5 II 8,' olBJ'am<y Moæèmøe Sm 6B....... ef T-eble 329§ . C"L ' _ _ended! B6!ureS") ef' ' .. eeaBeR, 29 ii ,e maà as follevrs' .1dt1e!e 32 efa.e lWC ' ~ " ,asrt 29 feet 29 feet lS~'"1¡;9 . II ._ øV£~Bd 1iæI' . , i5 5eelteB S29;l 1.1 lHBeøded. Seel3.aa 3292 1 1 :f A . Statiea:Ø eftM UFC' ~ ~ ~e1e. 32 Gf1amæaèle aÐå !be fallewing e¡¡6ef1!Í: >t Bj!j!!ies m a.e Cit:\. af 0>-"'. ,;,;:æ.e,:!¡èIe Li~d },{atar ''ehi6Ie F eI ' . œ 15 er69j" . H I>!SfJ . amw¡:Jeà t8 reaà É Y easæ.g Class I I!fIà . , " as B aWS lIB!! B··:..t: ÍF ¡:¡ lilflllds Iß OBB1'e em Bèe~;egreuøš tool . geææ taÐk5 _\.n11 Bet èe àis S ' ES 6!'5eJI! '1\ !;J',..--j' _BR 520::>'.3' and meet tÌ.e fa:e::' .._~-- ~ '..strned Íß5ide 5¡!: tile fuellæÙi, BfB matar-;ellie!e BX - g 9!.eB!!lBB. Eee alse -'-J!!' .:.. ¡:¡ eøe!esæes m B66efåeBee '!II æ>TION: v''i!I! the B " F. '" eæsièe af èuil..1:- . ppfe";al eftlie Fn:e CBief, CI iae g" Iß 5¡!esia'J)' I! . IB55 I BBII ¡:¡ HI: 'ds , BlJ'efll!ed iBte .~_:_ de . .' e~~ed, BJ!!'rB'l·ed lIB!! ,,_. IH may Be steFeE! II " IgmIleR se 51gB "Hi6¡ _gEt. d OBBIaÌB " S G\ e gmBBII tII' , , æees lIB!! æ,-'-.":ee! .. eeReams fer e''I'e '- BfS wHiell ßa,'e f_·h 6If !istæg, IIfIII . . -'ge, Cr..··'- -. :rore ta em Ct\"B 1\ " noes site sbBII pfB'l'lSlBB5 ællst Be __._ fi ers - be --"ed Iè" ?"" me Æ~-·"") .._ .. _...... .. ~......~h..._ ,- _Om -- .' ........ ._.~. ~__.. """ I ~ "go .. - "-" -.... · ~. I'fepea,' lB R SHeil 6,-:" >It BB5 fer G!as H H ' eR ~. , De ¡;¡¡r. .~.n ell ~"eøÌBØisIfter' , s I}IHds, The Gft"ef slmelme, ,511 stemge Be p6l'Hlit!eå wi!IIiB ?,IBlBB, t!Ieir HSe pæœøts B risk n ,HIBY gg feet Bf 8B3' . à' t9 life er reg eRtW er iBsâæâBBBJ. 1!.3'.1'9 F1&IBIBHI e ad Camll stilll CøBt-=--eat 8eeíiOB;' e lift.Bids Spill C8Ðtra . \fii I 7 91.&2 Spill eBM"'" is lHBeRl!e¡ Df8lBllge CURÍI'el al! SeeeRI! ' . 6 e 9 FI....--iI! ør, SeeB-~-~' Ca-.-:- e anà Ceæèøstiàle U Hià£ . CiIj' efCfiil!a \~~~ ef .~Gle 79 (Flr--.'-~ IIB!!E~eäaø. 7991.8.2 (!>JIiII CeøtfeI, n-: IS BIeàj emeøèed tB iÐe!øl!e a last emBHS!i1!le lilj:llids:¡ efa.e UFC "~ge CeBlmI lIB!! . ".. __.....E.. ,E........... .. BR -:_:-lIIB B1' . . ews: ßammaèle HEfUÍ.å 1an1a "eFSpill åe\~ee is feijUÍreå sa all Clas 5 I aT II HÐàer greuflŠ aT Res-;e gFeUBå 1~.ð'.1 79 u A~ - BI dati Materials II! âH " . eø. eation ElgB5 Seeti -'.Hisle &9 TJ__~ eR 8(}!)1. 7 lHBeRl!ed. B! H . GBS Hili ia!s ? es m a.e Cil5' af Cfiula ,r. ' ,en £e6lieR &QQ 1.7 Id"" . ' . 5ald seeäaR te _.:_ !be ~~ ~ ¡~~eaàed Ie reed as~":::~; ~ea.":r ~;~:'B: ~ tile lW~, as it eneepae:m: ef y~¡f-y {p-~ ~ ?r ',risièle Hazard iàeatifieatisa sigas as 5þeeifieà in tfle T~Taifem1 Fire Ceàe SænàsFà 'P]e. 7~ 2 sHall èe plaeeà at eH'ŒftfleeS t8 leeaâsHs ,:kere hEi£BTàa1:is materials are steFeà, àisfleHseà ar handled. Sig:rw sHall Be flFs':ieleà at sfleeæ.e eRl3aaees àesigHateà ej' the Chief. IàeRtifieatiBB si.;ns sheHI esnfeHB te NFPf.791. 15.36.180 Hi;h Piled CamØusti'Ble Et8Fage Pallet Et8Fa;e Seetia8 8198 added. .". He-:: seetieR te be R1:iffièereà anà titleà "See13.eR gl 95. Stelae£: efEFHfIt)' ';J.TeeàeR eT Plasfie Pallets" is aeTeÐ)' adàeà te .\I1Îele 81 ("IIi;R Piled Ce~bH5t:tl31e Stsla;e") ef1:ke UPC, as it &p]91ies æ the City efCB1:lla " rista, ¡-:meR Seetiefl .sÀa·n reael as fellems: SeetlsB g 1 95 Staæ.;e efEFHf!t)· 'Neeàea ST Pla-stie Palle~. . (a) O\:ltàsar Stefa;e Pallets shall BE stered al:lt:Siàe sf Ii 81:iÍlàm; af Îf1 a àe1aeheà B1:lilàæ; -,-:heRe ler pesstl3le. Pallets sRaR Bat Be s¡aelEed slsser tluæ 5 feet :freffi Ÿ\e BliMàiÐ.g. EÐ) IBàesr StsFage PaRet:s "'heR steTed æàasfS sfia11 Be preteeted wiHa me 5priBlïders iB aeeeràanee with~JH.". Stanàarà2::1, Table 1 1.1.1 ttiMessèeth sft:ke felle-::ÎÐ.g eeRætisBS Me met: 1. PaYet:s are sten~à He hieHer 1ha.B. B feet. 2. £aeh flallet pile sf Be mere Ÿ\BB 4 sæ.elæ skanes separateà }rem ether padlet f!iles BY at lsa-st g feet ef elear sfJaee ar 25 feet ef eemmeàiFj'. SECTION n. FINDINGS AND DECLARATION The City Council of the City of Chula Vista specifically and expressly fmds and declares that the nature and uniqueness of the climate, terrain, and location does necessitate and demand specific amendments to the California Fire Code, 1998 Edition and the Uniform Fire Code, 1997 Edition which are noted in the ChuJa Vista Municipal Code and restated in this Ordinance. SECTION m. EFFECTIVE DATE. This ordinance will take effect and be in force on July 1, 1999. Presented by Approved as to form by ~~øf Fire Chief :\) JIE 6/f-¿, ~-~()j . - -- - ORDINANCE NO. ;/. 78'9--ß AN ORDINANCE OF TIlE CITY OF CHULA VISTA, ADOPTING A NEW CHAP1ER 15.38 OF TIlE æuLA VISTA MUNICIPAL CODE ADOPTING TIlE URBAN-Wll.DLAND IN1ERFACE CODE, 1997 EDmON TIlE CITY COUNCIL OF TIlE CITY OF æuLA VISTA DOES ORDAIN AS FOLLOWS: SECTION L That a new Chapter 15,38 o~the Chula VIsta Municipal Code is hereby added to #'&- , ~ ¢-~ Chapter 15.38 ~~ . ~~ URBAN-wn.DLAND INTE'~ODE Sections: . 15.38.01 0 Urban-Wildland Interlace Code, 1997 Edition, adopted by reference. 15.38.030 Subsection (a) of Section 104_1 amended to Designate Board of Appeals and Advisors as Board of Appeals. 15.38.010 Urban-Wildland Interlace Code, 1997 Edition, adopted by reference. There is hereby adopted by reference that certain document known and designated as the Urban- Wildland In1crJàœ Code, 1997 Edition as copyrighted by the International Fire Code Institute, Said document is hereby adopted as the Urban-Wildland Tnt""""'" Code of the City of Cbula Vista, California for the pwpose of p=òing regulations mitigating the haz3rd to life and property from intrusion of:fire from wildland fire e>.1JOsures, fire exposures from adjacent structures and prevention of structw'e fires from spreading to wildland fuels, that certain code known as the Urban-Wildland Interface Code, 1997 Edition, are hereby referred to, adopted, and made a part hcreçf; as though fully set forth herein, excepting such portions as are hereinafter deleted, modified or amended 15.38.030 Subsection (a) of Section 104.1 amended to Designate Board of Appeals and Advisors as the Board of Appeals. Subsection (11) of Section 104,1 of the Urban-Wildland Interface Code, and the title precedent thereto, as it applies in Chula VIsta, is hereby amended to read as follows: Board of Appeals and Advisors. Section 104.1 General, In order to hear and decide appeals of orders, decisions or determinations made by the building official relative to the application and interpretations of this code, there is hereby estabIished a Board of Appeals and Advisors consisting of seven members who are qùa\ified by e>.-peri= and training to pass upon matters pertaining to building construction, use and occupancy, The assistant director of planning and building and the fire marshal shall be ex-officio members who shall not be entitled to vote. The assistant director of planning and building shaIl act as secretary to the Board. The Board of Appeals and Advisors shall be appointed by the mayor and confumed by the city council. The Board shaIl render all decisions and findings in Writing to the ".<i"'~nt director of planning and building with a duplicate copy to the appellant Appeals to the Board shaIl be processed in accordance with the provisions contained in Chapter 5 of this code or in a=dance with such .»f t -} .&--/ &~;YJ- ~\ -~.._..,-_. .".- -_._--~.._--_.. · procedures as may be prescribed by the City Attorney of the City of Chula Vista, The decision of the Board is fmaL The Board of Appeals and Advisors shall recommend to the city council such new legislation deemed necessary to govern construction, use and occupancy of structures, in the City of . Chula Vista, SECTION II, FINDINGS AND DECLARATION The City Council of the City of Chula Vista specifically and expressly finds and declares that the nature and uniqueness of the climate, terrain, and location does necessitate and demand specific amendments to the Urban-Wildland Interface Code, 1997 Edition which are noted in the Chula Vista Municipal Code and restated in this Ordinance. SECTION III, EFFECTIVE DATE. 0 This ordinance will take effect and be in force on July I, 1999, Presented by Approved as to fOnD by ~,</ - Jim Hidiman Fire Chief ".t.k £~-< {; - 54 r¡.}r ORDINANCE NO. ;;. ? 9¿J AN ORDINANCE OF THE CITY OF CHULA VISTA AMENDING VARIOUS SECTIONS OF THE CHULA VISTA MUNICIPAL CODE RELATING TO TITLE DESIGNATIONS DUE TO DEPARTMENTAL REORGANIZATION ft>\O~~ The City Council of th: City of Chula Vista does here~\b~i~ as follows: That the following sections of th~Ja' vista Municipal Code are hereby amended to read: ~,~" . cJ,sP~ . 1.04.010 Definitions and rules of construction. In the construction of this code and of all ordinances of the city, the following rules shall be observed, unless such construction would be inconsistent with the manifest intent of the city council or the context clearly requires otherwise: "Abatement" means an act or combination of actions designed to correct a nuisance. Abatement includes, but is not limited to: removal, demolition or repair of structures; removal of weeds, rubbish and debris; reconstruction of structures to code; restoration of drainage ways or courses, grading or regrading and filling of illegally graded or developed land; revegetation; vacating of illegal or non-conforming structures; removing barriers improperly blocking off public access; removal of encroaching structures onto public property; and other action which is reasonable related to the correction or mitigation of nuisances under this code or state law; "City" or 'tthis city" means and shall be construed as if followed by the words Itof Chula Vista;" "City Manager" means an officer appointed by the city council as the city manager, and includes those officers and employees he or she designates to perform certain functions. The term IIcity manager" includes a director, as defined herein, except in those proceedings where an appeal to the city manager is taken from the order of a director; "Code" or IIthis code" means the municipal code of the City of Chula vista, California; .tCode Enforcement Officer!! means a person, other than a police officer, designated by the city manager or a director, to enforce violations of the municipal code. A code enforcement officer is authorized to issue notices of violation and administrative citations pursuant to Chapter 1.41. A code enforcement officer is authorized to issue misdemeanor citations or to arrest a person without a warrant for a misdemeanor committed in his or her presence which is a violation of state law or an ordinance which the code enforcement officer has a duty to enforce. A code enforcement officer may exercise all powers of arrest pursuant to California Penal Code §836,S, A code enforcement officer is not a peace officer within the definition of Penal Code Sections 830 through 832,8, I1Computation of time. 11 The time in which any act provided by law is to be 7-2- j-' I I / - .-..-.--. done is computed by excluding the first day and including the last, unless the last day is a legal holiday and then it is also excluded; IICouncil" whenever used in this code means the city council of the city; "County" or "this county" means the county of San Diego; "Day" means the period of time between any midnight and the midnight following; "Daytime!! and "nighttime. ", IIDaytime" means the period of time between sunrise and sunset. "Nighttime" means the period of time between sunset and sunrise; "Director" means the chief of police, fire chief, city engineer, þlanRi:a§ àiFeetsF, à.ireets:E' 6£ Builà.iB§ aRà BGlisiE§ director of Dlannino and buildinq I director of finance, director of parks and recreation, director of public works, director of community development and the employees designated by them, or assigned by job function to perform code enforcement functions and duties. It also includes the county health officer or director of public health for public health and sanitation; "Gender. II The masculine gender includes the feminine and neuter; !I In the city" means and includes all territory over which the ci ty now has, or shall hereafter acquire jurisdiction for the exercise of its police powers or other regulatory powers; II Joint authority. n All words giving a joint authority to three or more persons or officers shall be construed as giving such authority to a majority of such persons or officers; IIMonthl1 means a calendar month; "Notice'l means a written document which informs a person of the time, date and place for a hearing, the nature of a penalty or corrective action required of that person, and the Municipal Code section(s) applicable to the proceeding, Service of notice is covered in Section 1.40.030; II Nuisance 11 is as defined under California Civil Code §34BO, and includes a condition upon or use of real property within Chula Vista that violates the municipal code or state law.. It may also inc 1 ude dilapidation or disrepair of structures; the maintenance of a structure in which illegal drug, gambling or prostitution activity occurs; or, a structure on private property which encroaches into public property; "Number." The singular number includes the plural and the plural the singular; IIOath" means and includes an affirmation; IIOfficers, departments, etc. " Officers, departments, boards, commissions and employees referred to in this code shall mean officers, departments, boards, commissions and employees of the city, unless the context clearly indicates otherwise; "Official time. II Whenever certain hours are named in this code, they ,2- -rl ! -,:J- shall mean Pacific Standard Time or Daylight Saving Time, as may be in current use in the city; 110r,II "and." "Orl1 may be read !land, II and nand" may be read l1or," if the sense requires it; "Owner,1I applied .to a building or land, means and includes any part owner, j oint owner, tenant in common, tenant in partnership, j oint tenant or tenant by the entirety of the whole or of a part of such building or land; "Person" means and include~ any, person, firm, association, organization, partnership, business trust, corporation or company; I1Personal property" means and includes every species of property, except real property, as defined in tñis section; "precedingll and '1following." The words "preceding II and "following" mean next before and next after, respectively; "Process II means and includes a writ or summons issued in the course of judicial proceedings of either a civil or criminal nature; "Property" means and includes real and personal property; nReal property I! means and includes land, improvements and structures on land, tenements and hereditaments; "Responsible Party" means individually and collectively: the owner(s) of real property upon which a violation of this code or state law exists; or, a tenant or occupant in possession, licensee or any other person who has caused, created, or continues to allow a condition to occur or exist upon real property constituting a violation of this code or state law, A "Responsible Party!! can be a natural person or a corporation; IIShall" and "may.1I !lShallll is mandatory and IImay" is permissive; I1Signature or subscription by mark." II Signature 11 or IIsubscription" includes a mark when the signer or subscriber cannot write, such signerls or subscriberls name being written near the mark by a witness who writes his own name near the signer's or subscriber's name; but a signature or subscription by mark can be acknowledged or can serve as a signature or subscription to a sworn statement only when two witnesses so sign their own names thereto; "Statell or IIthis state" shall be construed to mean the state of California; IITenant or occupant, II applied to a building or land, includes any person holding a written or an oral lease of, or who occupies the whole or a part of, such building or land, either alone or with' others; "Tenses. " The present tense includes the past and future tenses, and the future includes the present; "Week. II A week consists of seven consecutive days; "Writing" means and includes any form of recorded message capable of comprehension by ordinary visual means. Whenever any notice, report, statement or record is required or authorized by this code, it shall be made in writing in the English language, unless it is expressly provided otherwise¡ 7,f;- 3 :ð I1YearU means a calendar year, except where otherwise provided. (Ord 2718 §1 (part), 1998; prior code §1,2), 2.05.0~O Unclassified positions established. In addition to those unclassified positions specifically delineated in Section 500 of the charter of the city, there are established the unclassified positions entitled deputy city manager, assistant to the city manager, deputy city clerk, assistant fire chief, assistant chief of police, assistaHt àiEeetsy 6f þlanRiH~, assistant director of finance, assistant director of human resources, assistant àiEeetsy sf 'B~ilàiB~ aBà R8~8iH§, director of Dlannina and buildino, city engineer, director of management services and information services, redevelopment coordinator, housing coordinator, transit coordinator, assistant director of community develapment, deputy director of public works/city engineer, public information coordinator, traffic engineer, deputy director of public works/operations, budget manager, revenue manager, assistant director of management services and information services, assistant library director, police captain, special planning projects manager, assistant to the mayor and council, border environmental business cluster manager and administrative assistant/office manager and California border alliance group executive director, California border alliance group analyst and California border alliance group secretary, (Ord 2721 §1, 1998; Ord 2699 §2, 1997; Ord 2685 §1, 1996; Ord 2640 §1, 1995; Ord 2637 §1, 1995; Ord 2619 §2, 1994; Ord 2540 §1, 1993; Ord 2497 §1, 1992; Ord 2480 §1, 1991; Ord 2450 §1, 1991; Ord 2272 §1, 1988; Ord 2236 §1, 1987; Ord 2121, 1985; Ord 1907 §1, 1980; Ord 1719 §1, 1976; Ord 1636 §1, 1975), 2.26.020 Purpose and Intent. It is the purpose and intent of the city council in establishing the Board of Appeals and Advisors to create an advisory body which would serve as a resource to advise and make recommendations to the city council, the city manager, the àiEe8ÊaF af B~ilàiH§ aBà R6~siB§ buildina official and the fire chief on matters relating to building construction. Another purpose of the Board is to act as administrative appellate review of decisions of such officers to abate public nuisances arising out of application of Uniform Codes, (Ord 2439 §2 (part), 1991; Ord 1465 §1, 1973; Ord 1235 §1 (part), 1969; Ord 1002 §1 (part), 1966; prior code §2.91(a». 2.26.030 Functions and Duties. The function and duties of the Board of Appeals and Advisors shall be as follows: A. Create a forum for city-wide discussions, research, and analysis of critical issues of building construction, including plumbing, mechanical and electrical installations. B, Where authorized by a Uniform Code adopted by the city to do so, investigate and advise as to the suitability of alternate materials, types of construction, and interpretation of said adopted Uniform Code. C. Conduct public hearings and recommend to the city council, the passage of new legislation pertaining to the design and construction of buildings, D. Act as an alternative administrative appellate body, at the option of the city manager, to hear appeals relating to determinations by the city K 7,? 1 ~ Y . manager, code enforcement officer, fire chief or àiyeeter 6f e~ilàiH§ aRà he~siB§ buildina official, pursuant to city-adopted Uniform Codes, that conditions or circumstances are public nuisances and should be abated, Such codes include, but are not limited to the Uniform Building, Uniform Mechanical, Uniform Fire, Uniform Housing, Uniform Plumbing and National Electrical Codes as adopted from time to time by the city council. Hearings of the Board shall be conducted in accordance with the procedures set forth in such Uniform Codes and particularly the Uniform Code for the Abatement of Dangerous buildings or the provisions of Chapters 1. 30 and 1.40. the decision of tBe Board shall be final, (Ord 2718 §1 (part) , 1998; Ord 2439 §2 (part) , 1991; Ord 1235 §1 (part) , 1969; Ord 1002 §1 (part) , 1966; prior èode §2,91(b)), . 2.27.020 Definition. The following terms shall be interpreted and construed as set forth herein: A. "Disabled" shall be as defined in the 1990 Americans with Disabilities Act. B, "Building Official" shall be the à.iYE.eter sf BldilàiH§ and h.easiB§ assistant director of nlannino and buildino, (Ord 2605 §1 (part), 1994) , 5.36.BO License or permit-Issuance prerequisites-Appeal of denial- Transferability. A. Any applicant for a permit pursuant to these provisions shall present to the police department the application containing the aforementioned and described information. The chief of police shall have a reasonable time in which to investigate the application and the background of the applicant, Based on such investigation, the chief of police, or his representative, shall render a recommendation as to the approval or denial of the permit to the city manager or his designee. B, The àe~aFtffieHt sf B~ilàiH§ anà ReusiR§ deDartment of Dlannina and buildino, the fire department and the county health officer shall inspect the premises proposed to be devoted to the massage establishment and shall make separate recommendations to the city manager or designee concerning compliance with the foregoing provisions. C, The city manager, or his designee: after receiving the aforementioned and described recommendations, shall grant a permit to the establishment if all requirements for a massage establishment described herein are met, and shall issue a permit to all persons who have applied to perform massage services unless it appears that any such person has deliberately falsified the application or unless it appears that the record of any such person reveals a conviction of a felony or a crime of moral turpitude. The city manager or designee may recommend to the city council that an individual business establishment shall be subject to a public hearing and council approval, when in his judgment any such business establishment has an effect upon the public health, safety or welfare of the community. D, Any person denied a permit by the city manager or his designee pursuant to these provisions shall be notified pursuant to Chapter l.40 regarding an appeal why the permit should be granted, The decision pursuant to Chapter 1. 40 shall be final upon the applicant, Also, the city council may elect on its own motion to review any determination of the city manager granting /5 /---¡ '7-5 - -- ~._.~._- .-.........-..- or denying a permit, in which case, that decision shall then constitute the exhaustion of administrative remedy. E, All permits issued hereunder are nontransferable¡ provided however, a change of location of a massage establishment may be permitted pursuant to the provisions herein. (Ord 2718 §1 (part) 1998; Ord 1312 §2 (part) , 1970; prior code §9,42) , 6.08.080 Kennels, catteries a~d pet shops-Permit prerequisites. No health permit for the activities included in this chapter shall be valid unless it shall have been certified by the þlaafliH~ àireeter director of Dlanninq and buildinG as not being in conflict with ordinances and local regulations concerning planning and zoning. (Ord 774 §1 (part) , 1961¡ prior code §4,8 (G» , 9.40.030 Application for conversion or discontinuance of mobilehome or trailer park. A. Application for Conversion or Discontinuance. Prior to the approval of any rezoning, subdivision map, or the issuance of any permit including a building permit, which would allow the use of any properties presently or hereinafter utilized for mobilehome or trailer parks to be used for any purpose other than a mobilehome or trailer park, or prior to the cessation of use of all or any part of a mobilehome or trailer park, an application to convert from such use or to discontinue must be filed with the community development department, The requirements of this section shall be applicable whether or not the mobilehome or trailer park is: l. Located within an exclusive mobilehome park zone¡ 2, Located within a zone subject to conditional use permit¡ or 3. Is entitled to be used as a mobilehome or trailer park based on nonconforming rights. B, Application Requirements. The following information or documentation shall constitute application for conversion or discontinuance of an existing mobilehome or trailer park, l. A relocation plan which shall make adequate provision for the relocation of the mobilehome or trailer owner/occupant who will be displaced by the discontinuance of the use of the property for a mobilehome or trailer park¡ 2, A profile of the existing park, including: a, Number of spaces, b, Names and addresses of all mobilehome or trailer owner/occupants, c, Date of manufacture of each horne, ~ 7-r 1/0 d, Replacement value of each home e, Estimated cost of relocation of each home f. Length of tenancy of each mobilehome or trailer owner/occupant, g, Estimated income and age of each mobilehome or trailer owner/occupant; 3, A timetable for vaca~ing the existing park; 4- Evidence satisfactory to the community d",velopment director that agreements satisfying the relocation assistance requirements of this chapter have been off..red to eligible mobilehome or trailer owner/occupants. Such evidence may include, but is not limited to the following: a. Written agreements to relocate mobilehomes or trailers owned by low and moderate income mobilehome or trailer owner/occupants, b, Assistance for low and moderate income rnobilehome or trailer owner/occupants in the form of payment by the park owner of seventy-five percent, up to a maximum of $3,000, of the cost of relocating the mobilehome or trailer to another mobilehome or trailer park within one hundred miles; 5, Evidence that the park owner has informed all mobilehome or trailer owner/occupants in writing of alternative sites available to them; 6. Evidence that the park owner has agreed to purchase those homes of low and moderate income mobilehome or trailer owner/occupants which are determined to be not relocatable due to age and/or condition, Such purchases shall be based on standard insurance replacement criteria; 7, Evidence that the displaced residents have been provided right of first refusal to purchase, lease or rent any dwelling units or mobilehome or trailer spaces which may be built on the subject property; 8, A narrative summary of planned new use of property to be converted or reason for nonuse; 9, As an alternative to subsection B4b of this section, evidence that the park owner has given the mobilehome or trailer owner/occupants a three-year notice to vacate, said notice being pursuant to Section 798,56(f) of the Civil Code. rf such a three-year notice is given, the applicant must assist all low and moderate income displaced rnobilehome or trailer owner/occupants in .accordance with the following schedule: :If Mobilehome or Trailer Owner/Occupant Portion of Uptoa Vacates Before Expenses Paid MaY~'mI1m End Of bv owner of First year 75% $3,000 Second year 50% $2,000 Third year 25% $1,000 ;;r rj 1/~ --- C. Submittal to and Decision of the Community Development Director, All of the above application information shall be submitted to the community development director, The community development director shall make his decision in the following manner: 1. If the community development director determines that the application is complete and conforms with all regulations, policies and guidelines, and that the relocation plan or other commitments by the park owner mitigate the impact of conversion or discontinuance on the health, sa~ety and general welfare of persons residing in the mobilehome or trailer park, he shall grant the application for conversion. 2, If the community development director determines that the application is not complete or it does not conform with all regulations, policies an~guidelines, or that the relocation plàn or other commitments by the park owner do not mitigate the impact of conversion or discontinuance on the health, safety or general welfare of persons residing in the mobilehome or trailer park, he shall deny the application for conversion. 3. The community development director may establish the date on which the resolution of conversion or discontinuance will become effective. Such date shall not be more than three years from the date of decision of the community development director, or such earlier date as the applicant has complied with the provisions of an approved relocation plan and submitted evidence thereof to the community development director. 4, In granting or denying the application for conversion or discontinuance of the mobilehome or trailer park, the community development director shall make a written finding in rendering the decision and shall fully set forth wherein the facts and circumstances fulfill or fail to fulfill the requirements set forth herein. 5, A copy of this written finding of facts shall be filed with the city clerk, t.Re I'larn'liH~ DircE:ter and the àireat.ey sf Builài"!J anà. II6I;lBiB~ director of Plannina and Buildina, and shall be mailed to the applicant and to the mobilehome or trailer owner/occupants of the mobilehome or trailer park, 6. The decision of the community development director shall be final on the fifteenth day following the mailing of the decision to the applicant and the mobilehome or trailer owner/occupants required in Section C.S, except when appeal is taken to the city council as provided in subsection D of this section. D, Appeal from the Decision from the Community Development Director. L An appeal from the decision of the community development director on an application for conversion or discontinuance of a rnobilehorne or trailer park may be taken to the city council within fìfteen days following the decision of the community development director. The appeal may be taken by the applicant, any governmental body or agency, any owner of real property located within the city or any resident of the city, The appeal shall be in writing on a prescribed form and filed with the city clerk, The appeal shall specify wherein there was an error in the decision of the community development director. If an appeal is filed within the time specified, it shall automatically stay proceedings in the matter until a determination is made by the city council. ß' 7- '0 7-B / 2, Upon the filing of the appeal, the community development director shall set the matter for public hearing before the city council at the earliest practicable date. The public hearing shall be noticed and held in accordance with the provisions of this code. Notice of time and place and purpose of such hearing shall be given as follows: a, By at least one publication in the official newspaper of the city, not less than ten days prior to the date of the hearing; b. By mailing notices at least ten days prior to the date of such hearing to the, mobilehome or trailer park owner and to all mobilehome or trailer owner/occupants of the mobilehome or trailer park, 3, Upon the hearing of the appeal, the city council may by resolution affirm, reverse or modify in whole or in part any determination of the community development director, subject to the same limitations as are placed upon the community development director by law and the provisions of this code. The resolution must contain a finding of fact showing wherein the proposed development meets or fails to meet the requirements herein. 4, The decision of the city council shall be final unless appealed to a court of competent jurisdiction. E, waiver. The community development director may recommend to the city council the acceptance of other mitigating actions by the park owner in lieu of the specific provisions herein if extreme economic hardship would result for the park owner, or if other proposed mitigating actions have recommending benefit, F, Notification Requirements. In addition to any notification requirements under the California Civil Code, the following notification requirements shall apply to any application for conversion or discontinuance of mobilehome or trailer park use: 1- A minimum of ten calendar days prior to an applicant filing an application for conversion or discontinuance of the mobilehome or trailer park, the applicant shall give written notice to each mobilehome or trailer owner/occupant of the mobilehome or trailer park of the proposed change, Such notice shall be subject to the prior approval of the community development director. 2, No public hearing required hereunder to consider an application for conversion or discontinuance of a mobilehome or trailer park use shall be held unless and until the applicant submits to the community development director an affidavit approved as to form by the city attorney declaring that the applicant has given the notice required by this provision. G. Penalty, violation of any provision of this chapter by the owners of mobilehome or trailer parks shall be deemed to be a misdemeanor subject to the penalties as established by state law for misdemeanors. In addition thereto, any mobilehome or trailer owner/occupant in a mobilehome or trailer park where conversion to other uses or discontinuance has been sought or accomplished, and in which violations of the terms and provisions of this fr 7 /( 7-; -------- chapter have occurred, may seek civil remedies for damages in accordance with the relocation provisions contained herein no later than one year from the date of lease cancellation or eviction from the mobilehome or trailer park, (Ord 236B §2, 1990; Ord 2299 §1, 19B9) . 10.B4.035 Citation authority. The su.ilàiB§J aRà flsl:isiB§J àirc~tsF Dlannina and buildinq director, code enforcement officers and other employees designated by the B~ilàiB~ aBà fls~siB~ àiree:tsr Dlannina and buildina 'director shall have the authority to enforce Chapters 10.52, 10,B4 and 19,62 of the Chula Vista Municipal Code by issuing written notice of the violation. (Ord 2670 §1, 1996; Ord 2176 §4 (part) , 19B6) , . 12.4B.040 Exiting buildings-Occupant duty to obtain number. It shall be the duty of the lessee, occupant, or owner of any existing building to obtain the proper building number from the àireetsr sf B~ilàiB~ aRà fleHsiB§J director of Dlannina and buildina iRsþeetisB and to place this number on said building within thirty days from July IB, 1969. (Ord 1205 §2 (part), 1969; prior code §27 ,106 (A) (1) , 12.48.050 New buildings-Occupant to place number on building when. It shall be the duty of the lessee, occupant or owner of any new building to place the number assigned by the àireetsF af e~ilàiR§ aREÌ. RSHsiB§ director of Dlannina and buildinq iBBþeetisR on said building on or before the day final inspection is made by the building inspector. (Ord 1205 §2 (part) , 1969; prior code §27 ,106 (A) (2» , 12.48.060 Enforcement-Notice required-Occupant compliance required. A. If the àireetsr sf sailàiB§J anà fle~8iR§ director of Dlannina and buildina inspeetisB finds any building upon which the proper number has not been properly placed as required by this chapter, he may order the applicant, lessee, occupant or owner to obtain and properly place such number within ten days, B, The posting of a notice upon the entrance door of such building shall meet the requirements of this section for legal service of such notice or order. C, It shall be the duty of the lessee, occupant and/or owner of said building to comply with said order. (Ord 1205 §2 (part) , 1969; prior code §27.106(B)), 13.04.010 Definition. Unless otherwise defined herein, terms relating to water and wastewater shall be as adopted in the latest edition of Standard Methods for the Examination of Water and Wastewater, published by the American Public Health Association, the American Water Works A~sociation and the Water Pollution Control Federation. The meaning of other various terms as used in this ordinance shall be as follows: A, "Agent" shall mean any person duly authorized by the city to perform ~;¿ '1/ 10 .IV specific work upon sewerage facilities under permit or under contract. B. 'IApplicant" shall mean a person, partnership, entity, firm, association, corporation, or public agency applying for connection to a public sewer, approval of plans to construct or to modify wastewater facilities, or for a permit for industrial wastewater discharge, C. IIBuildingll shall mean a structure containing one or more fixtures and separated from any other structure. D. "Building sewer II shall mean a privately maintained sewer which extends across private property from a building to a sewer lateral, public sewer, or private sewer. ' E. "City manager II shall mean the city manager of the City of Chula Vista. . F. !lDirectorll shall mean the director of public works or designee. G. IIDischargerll shall mean any person who discharges or causes a discharge of wastewater directly or indirectly into the city's wastewater system or facilities. H. "Domestic wastewater" shall mean the liquid and waterborne wastes derived from the ordinary living processes in a dwelling unit, said wastes being of such character as to permit satisfactory disposal, without special treatment, into a public sewer. I. "Fixture" shall mean any plumbing or wastewater outlet requiring a trap or vent. J. "Food establishment" shall mean a food establishment as defined in Health and Safety Code section 27520, as it may be amended from time to time, K. "Grease pretreatment device" shall mean a device confonning to the Uniform Plumbing Code requirements for grease interceptors and/or grease traps approved by the director and the àireetey sf 6uilàiB§ anà h6~siH§ director of Dlannina and buildinq and designed to remove grease from wastewater before it enters the building sewer. L. "Industrial wastewater" shall mean all wastewater, including all wastewater from any producing, manufacturing, processing, institutional, commercial, service, agricultural, or other operation, including food establishments, which are required to be controlled by federal, State of California or local regulations or which interfere with the operation and maintenance of the wastewater system or facilities. These exclude domestic wastewater, but may also include wastes of human origin similar to domestic wastewater. M. !lMass emission rate" shall mean the weight of a specific material discharged to the public sewer during a given time interval. N. "Parcell! shall mean a piece of land as described or shown upon current records of the county recorder of San Diego County. O. IIperson" shall mean any individual, partnership, entity, firm, association, corporation or public agency including the State of California and the United States of America. P. "Public sewer'l shall mean a sewer owned and operated by the city which is tributary to treatment or reclamation facilities operated or utilized by the City of Chula Vista, Q. nprivate sewer" shall mean a privately maintained sewer constructed from y 7,i;> 7-1( -------. its connection with a public sewer across public and/or private property to provide sewer service to two or more individual parcels of record, and for which a written agreement pursuant to Section 13,08,090 has been filed with the director, R, "Sewage II shall have the same meaning as "wastewaterll. S, "Sewer connection" shall mean the physical facilities involved and/or the act of construction of a viable juncture between a building sewer or private sewer, and sewer lateral or the public sewer system. T, "Sewer lateral" shall mean a four or six inch diameter privately maintained sewer constructed from its connection with a public sewer across public property to the boundary of such public property so as to provide sewer service to buildings or structures situated upon an individual parcel of record. . U, "Sewer service" shall mean the service and benefits derived through utilization of the public sewer system, v, "Standard methods" shall mean procedures described in the current edition of Standard Methods for the Examination of Water and Wastewater, as published by the American Public Health Association, the American Water Works Association and the Water Pollution Control Federation. W, "Suspended solids" shall mean any insoluble material contained as a component of wastewater and capable of separation from the liquid portion of said wastewater by laboratory filtration as determined by the appropriate testing procedure and standard methods, X, "Treatment facilities"shall mean facilities owned or utilized by the city in the treatment of wastewater or for the reclamation of wastewater. y, IIWaste" shall mean any and all waste substances, liquid, solid, gaseous, or radioactive, associated with human habitation, or of human or animal origin, or from any producing, manufacturing, processing, institutional, commercial, service, agricultural, food preparation or other operation. Z. "Wastewater" shall mean waste and wa ter , whether treated or untreated, discharged directly or indirectly into or permitted to enter a public sewer. "Wastewater" includes both domestic and industrial wastewater. AA, "Wastewater constituents and characteristics" shall mean the individual chemical, physical, bacteriological or radiological parameters, including volume, flow rate and such other parameters that define, classify or measure the quality and quantity. of wastewater. BB, "Wastewater system or facilities" shall mean any and all public facilities used by the city for collecting, conveying, pumping, treating, disposing and reclaiming wastewater. (Ord 2466 §7 (part) , 1991) , 13.08.110 Occupancy of Premises with Unapproved Sewer Lateral. It is unlawful for any person to use or occupy any building until the sewer lateral and building sewer serving such building has been inspected and approved by the director and the àirEe'EST sf Sl::iilàiB§ anà flsl::isiB§! buildina official, or their duly authorized representatives, and a certificate of occupancy or final inspection approval has been issued. (Ord 2466 §7 (part) , 1991) , ~ '1- Iv ~ 14.20.030 Definitions. When used in this chapter, the following terms shall have the meanings ascribed to them in this section: A, "Basin Plan" shall mean the I1Comprehensive Water Quality Control Plan for the San Diego Basin" adopted by the Regional Water Quality Control Board, San Diego Region (July 1975) and approved by the State Water Resources Control Board, together with subsequent amendments. B, "Best Management Practices (BMPs) " shall mean schedules of activities, prohibitions of practices, ,general good housekeeping practices, pollution prevention and educational practices, maintenance procedures, and other management practices to prevent or reduce to the maximum extent practicable, the discharge of pollutants directly or indirectly to waters of the United States. BMPs also include treatment requirements, operating procedures, and practices to control plant site runoff, spillage or leaks, sludge or waste disposal, or drainage from raw materials storage. C. "Building Permit" shall mean a permit issued by the àiyeetsF sf B~ilàiR§ aaà Be~eia~ buildino official pursuant to Chapter 15.20. D, IICalifornia Ocean Plann shall mean the 11 California Ocean Plan: Water Quality Control Plan for Ocean Waters of California" adopted by the State Water Resources Control Board in September 1991, and any subsequent amendments. E, "Clean Water Act" shall mean the Federal Water Pollution Control Act enacted by Public Law 92-500, as amended by Public Laws 95-217, 95-576, 96-483, and 95-117 (33 USCA Section 1251 et seq,) , and any subsequent amendments. F, "County Health Officerl1 shall mean the health officer of the County of San Diego Department of Public Health or designee. G, "Developmentll shall mean: l. The placement or erection of any solid material or structure on land, in water, or under water; 2, The discharge or disposal of any dredged material or of any gaseous, liquid, solid, or thermal waste; 3, The grading, removing, dredging, mining, or extraction of any materials; 4, A change in the density or intensity of the use of land, including, but not limited to, a subdivision pursuant to the subdivision Map Act (Government Code Section 66410, et seq,) and any other division of land, except where the division of land is brought about in connection with the purchase of such land by a public agency for public recreational use; 5, A change in the intensity of the use of water, or of access thereto; 6, The construction, reconstruction, demolition, or alteration of the size of any structure, including any facility of any private, public, or municipal entity; and, 7, The removal or harvesting of major vegetation other than for agricultural purposes. As used in this definition, 11 structure II includes, but is not limited to, ..0' 7--/.5 7~ 13 ~~ any building, road, pipe, flume, conduit, siphon, aqueduct, telephone line, and electrical power transmission and distribution line. (Source: Government Code Section 65927) . H. UErnployee Training Program" shall mean a documented employee training program for all persons responsible for implementing a storm water pollution prevention plan. The employee training program shall include, but is not limited to, the following topics: 1. Laws I regulations /' and local ordinances associated with storm water pollution prevention, and an overview of the potential impacts of polluted storm wate:r; on the receiving waters of the San Diego region. 2. Proper handling of all materials and wastes to prevent spillage, 3. Mitigation of spills including spill response, containment and cleanup procedures. 4. Visual monitoring of all effluent streams to ensure that no illegal discharges enter the storm water conveyance system. 5. Discussion of the differences between the storm water conveyance system and the sanitary sewer system. 6. Identification of all on-site connections to the storm water conveyance system. 7. Preventive maintenance and good housekeeping procedures. 8, Material management practices employed by the facility to reduce or eliminate pollutant contact with storm water discharge. I. "Enforcement Agency" shall mean the city of Chula Vista or its authorized agents charged with ensuring compliance with this chapter. J. "Enforcement Official" shall mean the director of public works or his or her designee, K. "Hazardous Materials" shall mean any substance or mixture of substances which is toxic, corrosive, flammable, an irritant, a strong sensitizer, or generates pressure through decomposition, heat or other means, if such a substance or mixture of substances may cause substantial injury, serious illness or harm to humans, domestic livestock, or wildlife. L. IIIllicit Connection" shall mean a:py un-permitted or undocumented physical connection to the storm water conveyance system which has not been approved by the city of Chula Vista, or which drains illegal discharges either directly or indirectly into the storm water conveyance system. M. '1Illegal Discharge!! shall mean any non-permitted or non-exempt discharge to the storm water conveyance system that is not composed entirely of storm water, or is expressly prohibited by federal, state, or local regulations, laws, codes, or ordinances, or degrades the quality of recei ving waters in violation of basin plan or California ocean plan standards. N. ULand Development Permit II shall mean a permit issued by the director of public works pursuant to Chapter l5,Q4 of the Chula Vista Municipal Code, o. IIMaximum Extent practicable" shall mean, with respect to Best Management Practices (BMPs), an individual BMP or group of BMPs which address a pollutant of concern, which have a cost of implementation reasonably )k ~ /~ 7 - L L{ related to the pollution control benefits achieved, and which are technologically feasible, P. "National Pollution Discharge Elimination System (NPDES) Permit.. shall mean a permit issued by the Regional Water Quality Control Board or the State Water Resources Control Board pursuant to Chapter 5.5, Division 7 of the California Water Code, to control discharges from point sources to waters of the United States, including, but not limited to: 1, California Regional Water Quality Control Board, San Diego Region, Order No, 90-42 (NPDES No, CA 0108758) NPDES Municipal Permit -- Waste Discharge Requirements for Storm Water and Urban Runoff from the County of San biego, the incorporated cities of San Diego County, and the San Diego Unified Port District; 2, NPDES general permit foe storm water discharges associated with industrial activities; 3, NPDES general permit for storm water discharges associated with construction activity; and 4. California Regional Water Quality Control Board, San Diego Region, general de-watering permits (Order Numbers 91-10 and 90-31) . Q. "NPDES general permit 11 shall mean a permit issued by the State Water Resources Control Board, including, but not limited to: 1. NPDES general permit for storm water discharges associated with industrial activities; and 2. NPDES general permit for storm water discharges associated with construction activity. R. "Non-Storm Water 11 shall mean any water conveyed to the storm water conveyance system that is not entirely composed of storm water (also see definition of "Storm Water!!) . S. "Order Number 90-42", dated July 16, 1990, shall mean San Diego Regional Water Quality Control Board Order Number 90-42, which constitutes NPDES Permit Number CA0108758, together with all amendments, and which is on file in the office of the city clerk as Document Number C090-287, T. !!parking Lotll shall mean an open area, other than a street or other public way, used for the parking of motorized vehicles, whether for a fee or free, to accommodate clients or customers or to accommodate residents of multi-family dwellings (i.e., apartments, condominiums, townhomes, mobile homes, dormitories, group quarters, etc.). u. II Person II shall mean any individual, organization, business trust, company, partnership, entity, firm, association, corporation, or public agency, including the State of California and the United States of America, v. "pollutant!! may include but is not limited to solid waste, sewage, garbage, medical waste, wrecked or discarded equipment, radioactive materials, dredged soil, rock, sand, sediment, industrial waste, and any organic or inorganic contaminant whose presence degrades the quality of the receiving waters in violation of Basin plan or California Ocean Plan standards. II pollutant" includes, but is not limited to, fecal coliform, fecal streptococcus, enterococcus, volatile organic carbon (VOC), surfactants, oil and grease, petroleum hydrocarbons, total organic carbon (TOC) , lead, copper, chromium, cadmium, silver, nickel, zinc, cyanides, phenols, and biocides. Þ 7/7 7-/5 - - ,~..._".- related to the pollution control benefits achieved, and which are technologically feasible, p, "National Pollution Discharge Elimination System (NPDES) Permit" shall mean a permit issued by the Regional Water Quality Control Board or the State Water Resources Control Board pursuant to Chapter 5.5, Division 7 of the California Water Code, to control discharges from point sources to waters of the United States, including, but not limited to: 1, California Regional Water Quality Control Board, San Diego Region, Order No. 90-42 (NPDES No, CA 0108758) NPDES Municipal Permit -- Waste Discharge Requirements for Storm Water and Urban Runoff from the County of San Diego, the incorporated cities of San Diego County, and the San Diego Unified Port District; 2. NPDES general permit fo1:' storm water discharges associated with industrial activities; 3. NPDES general permit for storm water discharges associated with construction activity; and 4. California Regional Water Quality Control Board, San Diego Region, general de-watering permits (Order Numbers 91-10 and 90-31) . Q, "NPDES general permit" shall mean a permit issued by the State Water Resources Control Board, including, but not limited to: 1. NPDES general permit for storm water discharges associated with industrial activities; and 2. NPDES general permit for storm water discharges associated with construction activity. R. "Non-Storm Water" shall mean any water conveyed to the storm water conveyance system that is not entirely composed of storm water (also see definition of "Storm Water'!) . S. "Order Number 90-42", dated July 16, 1990, shall mean San Diego Regional Water Quality Control Board Order Number 90-42, which constitutes NPDES Permit Number CA010B758, together with all amendments, and which is on file in the office of the city clerk as Document Number C090-287. T. "Parking Lotti shall mean an open area, other than a street or other public way, used for the parking of motorized vehicles, whether for a fee or free, to accommodate clients or customers or to accommodate residents of multi-family dwellings (i.e., apartments, condominiums, townhomes, mobile homes, dormitories, group quarters, etc.). U. I1Person" shall mean any individual, organization, business trust, company, partnership, entity, firm, association, corporation, or public agency, including the State of California and the United States of America. v. "Pollutant.. may include but is not limited to solid waste, sewage, garbage, medical waste, wrecked or discarded equipment, radioactive materials, dredged soil, rock, sand, sediment, industrial waste, and any organic or inorganic contaminant whose presence degrades the quality of the receiving waters in violation of Basin Plan or California Ocean Plan standards. IIpollutant.. includes, but is not limited to, fecal coliform, fecal streptococcus, enterococcus, volatile organic carbon (VOC) , surfactants, oil and grease, petroleum hydrocarbons, total organic carbon (TOC), lead, copper, chromium, cadmium, silver, nickel, zinc, cyanides, phenols, and biocides. - 7 '7 ;-/& þ , A "pollutant" also includes any substance defined as a pollutant under 40 CFR Section 122.2 and any contaminant which degrades the quality of the receiving waters in violation of basin plan or California ocean plan standards by altering any of the following parameters: pH, total suspended and settleable solids, biochemical oxygen demand (BOD), chemical oxygen demand (COD), nutrients, and temperature. W. "Premisesll shall mean any building, lot, parcel, real estate, land, or portion of land whether'improved or unimproved. X. "Recei ving Waters" shall TI}.ean surface bodies of water, as described in Order Number 90-42, which serve as discharge points for the storm water conveyance system, including creeks, rivers, reservoirs, lakes, lagoons, estuaries, harbors, bays, and the Pacific Ocean. Y. "Significant Quantities" shall mean the volume, concentrations, or mass of a pollutant in a discharge that can cause or threaten to cause pollution, contamination, or nuisance; or adversely impact human health or the environment; or, cause or contribute to a violation of any water quality standards applicable to the receiving water. Z. "Storm Water" shall mean surface runoff and drainage associated with storm events and snow melt prior to contact with urban areas, agricultural areas, and/ or other areas in which the natural environment has been significantly disturbed or altered, either directly or indirectly, as a result of human activity (also see definition for I'Non-Storm Water!!). For the purposes of this chapter, storm water runoff and drainage from areas that are in a natural state, have not been significantly disturbed or altered, either directly or indirectly, as a result of human activity, and the character and type of pollutants naturally appearing in the runoff have not been significantly altered, either directly or indirectly, as a result of human activity, shall be considered "unpolluted" and shall satisfy the definition of "storm water" in this chapter. AA.. "Storm Water Conveyance Systemll includes, but is not limited to, those municipal facilities within the city of Chula vista by which storm water may be conveyed to waters of the United States, including any roads with drainage systems, municipal streets, catch basins, and watercourses. BB. "Storm Water Pollution Prevention Plan" shall mean a document which describes the on-site program activities to utilize BMPs by the owner or operator of a business to eliminate or reduce pollutant discharges to the storm water conveyance system to the maximum extent practicable. A storm water pollution prevention plan prepared and implemented pursuant to any NPDES permit shall meet the definition of a storm water pollution prevention plan for the purposes of this chapter. CC. "Watercourse" shall mean any natural or artificial stream, river, creek, ditch, channel, canal, conduit, culvert, drain, waterway, gully, ravine, arroyo or wash, in which waters flow in a definite direction" or course, either continuously or intermittently, and which has a definite channel and a bed or banks. A channel is not limited to land covered by minimal or ordinary flow but also includes land covered during times of high water. "Watercourse" does not include any surface drainage prior to its collection in a stream, river, creek, ditch, channel, canal, conduit, culvert, drain, waterway, gully, ravine, arroyo or wash. DD. "Watercourse Permit" shall mean a permit issued by the director of public works pursuant to Chapter 14,08 of the Chula Vista Municipal Code. 9- !rÝ --¡ - / "Î ~ -, t ( EE, "Wetlands" shall mean areas that are inundated or saturated by surface or ground waters at a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions. Wetlands generally include swamps, marshes, bogs, and similar areas. (Ord 2597 §11 (part), 1994), ~8.12.140 Expiration of tentative map and extension of t~e for filing final map--App~ication required--Public hearing. A. The approved or conditionally approved tentative map shall expire in thirty-six months in accordance with the total authorized period of the present or as amended requiremants of Section 66452,6 of the Subdivision Map Act unless it is extended in accordance with the provisions of this section, Within such time period or the period of any extension thereof, the subdivider may cause a final map to be prepared and submitted to the city council for approval or disapproval in accordance with the tentative map as approved or conditionally approved and in accordance with the Subdivision Map Act and the provisions of this title, B. The subdivider may request an extension of the approved or conditionally approved tentative map by written application to the director of planning, Such application shall be filed at least thirty and not more than ninety days before the approval or conditional approval is due to expire, The application shall state the reasons for the requested extension and at any time within ninety days of the expiration of the map. The ~laflRiR!j' àireeter director of Dlannino and buildino shall determine whether a public hearing is required based on changing conditions in the area.· After conducting a public hearing 'or reviewing the requested extension, the planning commission may approve or deny the requested extension, An extension shall not exceed thirty-six months as provided in Section 66452.6 of the Subdivision Map Act. In the event the planning commission denies a subdivider's application for extension or refuses to extend the tentative map for the full period as authorized by the Subdivision Map Act, the subdivider may within fifteen days appeal to the city council, Following the meeting or the hearing on an appeal from the decision of the planning commission, the city council shall grant or deny the extension. (Ord 2100 §1 (part), 1985; Ord 2008 §1, 1982; Ord 1369 (part), 1971; prior code §28,208) , Chapter 18.54 FLOODPLAIN REGULATIONS Sections: 18.54.010 Purpose and intent. 18.54.015 Lands to which this chapter applies. 18.54.020 Basis for establishing the areas of special flood hazards. 18.54.030 Definitions. 18.54.040 Floodplain development--Permits required. 18.54.050 Floodplain development--Review by city engineer. 18.54.060 Floodplain development--Review by à.ire.e'e.er sf Bailà.iBg aBB he~eiBg director of Dlannina and buildina. 18.5~.070 Floodplain development--City engineer action. 18.54.080 New water and sewage systems. Y1 -rn 7-J~ 18.54.090 Alteration or relocation of watercourses. 18.54.100 Exceptions granted by board of appeals. IS.54.110 Ordinance supersedes any conflicting statutes. 18.54.010 Purpose and Intent. In order to allow the city to participate in the Federal Flood Insurance Program (National Flood Disaster Protection Act of 1973), it is required that the city adopt regulations controlling the development of property within identified floodplains pursuant to the direction of said Act. The city council, therefore, assigns to th~ àiEe~LeE sf B~ilàiH§ ani he~siB§ director of Dlannina and buildina and to the city engineer certain added responsibilities, and they are authorized and directed to enforce all the provisions of this chapter and all other ordinances of the city now in force or hereafter adopted, relating to zoning, subdivision, or building codes, (Ord.2100 §1 (part) , 1985; Ord 1842 §1 (part) , 1978) . 18.54.040 Floodplain development--Permits required. A, No person, firm or corporation shall erect, construct, enlarge or improve any building or structure within areas of flood hazard in the city or cause the same, including the placement of manufactured homes, to be done without first obtaining a building permit for each such action, B, To obtain such a building permit, the applicant shall first file an application therefor in writing with the àirceteE sf EuilàiB§ aRà fle~siR§ buildinq official on a form furnished for that purpose, Every such application shall: L Identify and describe the work to be covered by the permit for which application is made¡ 2, Describe the land on which the proposed work is to be done by lot, block, tract and house and street address, or similar description that will readily identify and definitely locate the proposed building of work; 3. Indicate the use or occupancy for which the proposed work is intended; 4, Be accompanied by necessary plans and specifications for the proposed construction; 5, Be signed by the permittee or his authorized agent who may be required to submit evidence to indicate such authority. 6, Be accompanied by elevations (in relation to sea level) of the lowest floor (including basement) or in the case of floodproofed (as defined in this chapter) nonresidential structures, the elevation to which it has been floodproofed, Documentation or certification of such elevations will be maintained by the àirEE~6Y sf sHilàiB§ aaà fl6tisiB§ buildina official. 7, Be accompanied by a certification, submitted by a licensed civil engineer, structural engineer, or architect, that the plans and specifications for the proposed building or structure comply with the floodproofing requirements of the National Flood Insurance Program as revised. Said licensed civil engineer, structural engineer or architect, subsequent to construction of the proposed building or structure but prior to final approval for use or occupancy thereof, shall certify that such building or structure has ft ~ Î- 1\ -- been so floodproofed, He shall also specify the elevation to which such floodproofing is effective, This provision is not applicable to manufactured homes. 8, Electrical, heating, ventilation, plumbing, and air-conditioning equipment and other service facilities shall be designed and/or located as to prevent water from entering or accumulating within the components during conditions of flooding, 9. Give such other information as reasonably may be required by the àiyeet8F sf èuilàiB~ aBà he~siR~ buildina official. C, In the coastal zone, develqpment in floodplains shall also be required to obtain a coastal development permit consistent with the applicable provisions of the certified Local Coastal Program. (Ord 2248 §2, 1988; Ord 2197 §l (part)-, 1987; Ord 2100 §l (part) , 1985; Ord 1842 § (part) , 1978) , 18.54.060 Floodplain development--Review by àirae~e~ sf s~ilàiBg afià keusiBg buildina official. The àiIeetBF sf e~ilàiH§ aaà B8UsiH!, director of vlannina and buildina in reviewing all applications for new construction, substantial improvements, prefabricated buildings, placement of manufactured homes and other developments (as defined in this chapter) shall obtain, review and reasonably utilize any base flood elevation and floodway data available from a federal, state or other source, as criteria for requiring that new construction, substantial improvements, or other development in Zone A on the official map meet the following standards: A, Residential structures and substantial improvements of residential structures shall meet the following standards: The lowest floor elevation (to include basement) of new residential structures shall be elevated to a minimum of one foot above the regulatory flood elevation; except that in zone AO the lowest floor (including basement) shall be as high as the depth number in feet above the highest adjacent grade or two feet if no depth number is specified, B, Standards for manufactured homes: 1. All manufactured homes that are placed on or substantially improved within a special flood hazard area as identified on the city's flood insurance rate map and which are: a, Outside of a manufactured home park or subdivision; or b, In a new manufactured home park or subdivision, or c, In an expansion to an existing manufactured home park or subdivision, or d. In an existing manufactured home park or subdivision within which a manufactured home has incurred "substantial damage!! as the result of a flood shall be elevated on a permanent foundation such that the lowest floor of the manufactured home is at least one foot above the base flood elevation and be securely anchored to an adequately anchored foundation system to resist flotation, collapse and lateral movement. 2, All manufactured homes to be placed or substantially improved on sites in an existing manufactured home park or subdivision within a special fl ood hazard area and not subject to the provisions of ft ~I -1 ./}\J Section 18,54,060.B,l shall be elevated so that either: a. The lowest floor of the manufactured home is at least one foot above the base flood elevation, or b. The manufactured home chassis is supported by reinforced piers or other foundation elements of at least equivalent strength that are no less than 36 inches in height above grade and be securely anchored to an adequately anchored foundation system to resist fiotation, collapse and lateral movement. C. Nonresidential structures ~hall meet the following standards: 1- The lowest floor elevation (to include basement) of nonresidential structures be elevated or f loodproof ed to a minimum of one foot above the regulatory flGOd elevation; except that in zone AO the lowest floor (including basement) shall be as high as the depth number in feet above the highest adjacent grade or two feet if no depth number is specified; or together with attendant utility and sanitary facilities be completely floodproofed to or above that level so that any space below that level is watertight with walls substantially impermeable to the passage of water and with structural components having the capability of resisting hydrostatic and hydrodynamic loads and effects of buoyancy; 2, Require the use of construction materials and utility equipment that are resistant to floodwater damage; 3, Require the use of construction methods and practices that will minimize flood damage; 4, Be designed or anchored to prevent the flotation, collapse or lateral movement of the structure or portions of the structure due to flooding; 5, Assure that in regard to manufactured homes, specific anchoring requirements include: a, OVer-the-top ties be provided at each of the four corners of the manufactured home with two additional ties per side at the intermediate locations. Manufactured homes less than fifty feet long require only one additional tie per side. b. Frame ties be provided at each corner of the home with five additional ties per side at intermediate points. Manufactured homes less than fifty feet long require only four additional ties per side. c, Each required tie of the anchoring system shall be capable of carrying a force of four thousand eight hundred pounds, d, Any additions to mobile homes shall be similarly anchored; 6, All manufactured homes to be placed or substantially improved within zones AI-3D, AR, and AE shall be elevated on a permánent foundation such that the lowest floor of the manufactured home is at or above the base flood elevation and be securel)Vanchored.to an adequately anchored foundation system in accordance with the provisions of this Chapter. , D. For all new construction and substantial improvements, fully enclosed areas below the lowest floor that are subject to flooding subject to flooding shall be designed to automatically equalize hydrostatic flood forces on J<6 7-:22. 1-?-\ -- exterior walls by allowing for the entry and exit of floodwaters, Designs for meeting this requirement must either be certified by a registered professional engineer or architect or must meet or exceed the following minimum criteria: A minimum of two openings have a total net area of not less than one square inch for every square foot of enclosed area subject to flooding shall be provided, The bottom of all openings shall be no higher than one foot above grade, openings may be equipped with screens, louvers, or other coverings or devices provided that they permit the automatic entry and exit of floodwaters. (Ord 2386 §4, 1990; Ord 2248 §3, 1988; Ord 2197 §1 (part) , 1987; Ord 2100 §1 (part) , 1985; Ord 2039 §1 (part)" 1983; Ord 1842 §1 (part) , 1978) , H.09.050 Requirement for Public Facilities Finance Plans, Air Quali ty :Improvement Plans, and Water Conservation Plans. A. Public Facilities Financing Plans. No application for a SPA plan, or, if a SPA plan is not required, no application for a Tentative Map, shall be deemed complete or accepted for review unless: 1, It is accompanied by an PFFP which has been approved by the city; or 2,An PFFP which includes the project has already been initiated; or 3, The applicant initiates the preparation of an PFFP, The PFFP may be waived by the city council upon a showing that there are no public service, facility or phasing needs warranting the preparation of an PFFP. B, Air Quality Improvement Plans, No application for an SPA plan, or, if an SPA plan is not required, no application for a Tentative Map, shall be deemed complete or accepted for review unless: 1. It is accompanied by an Air Quality Improvement Plan which has been approved by the city; or 2, An Air Quality Improvement Plan which includes the project has already been initiated; or 3. The applicant initiates the prepar~tion of an Air Quality Improvement Plan in such form and/or containing such information including maps, drawings, diagrams, etc. , as the city lSlaRniFl§ àiyeeter director of DlanninQ' and buildinq shall require. c, Water Conservation Plans. No application for an SPA plan, or, if an SPA plan is not required, no application for a Tentative Map, shall be deemed complete or accepted for review unless: 1. It is accompanied by a Water Conservation Plan which has been approved by the city; or 2, A Water Conservation Plan which includes the project has already been initiated; or 3. The applicant initiates the preparation of a Water Conservation Plan in such ~;J t\/J-ð- ,;¡¡::t form and/or containing such information including maps, drawings, diagrams, etc. , as the city þlaBRiR~ àireetsF director of Dlannina and buildina shall require. D, No SPA plan, nor any tentative subdivision map shall be approved or deemed approved, without an approved PFFP, an approved Air Quality Improvement Plan and a Water Conservation Plan. To provide consistency and implementation of said Plans, the city council may impose any condition to the approval of a SPA plan or tentative subdivision map necessary to implement the PFFP, the Air Quality Improvement ,Plan, the Water Conservation Plan, the Growth Management Program, or the Master Facility Plans. E, No final map shall be approved until all the conditions of the PFFP, the Water Conservation Plan and the Air Quality Plan have been met, or the project applicant has provided adequate security to the city that said plans will be implemented. . F. No other discretionary planning approvals shall be granted unless the city council finds that the Project is consistent with an approved PFFP, an Air Quality Improvement Plan, and a Water Conservation Plan. G. No building permit shall be issued unless the permit is consistent with any applicable PFFP, the Air Quality Improvement Plan and the Water Conservation Plan and all applicable fees, including but not limited to, development impact fees, traffic impact fees, drainage fees, school fees, park fees, sewer fees, water fees, or other development fees adopted by the city council have first been paid or provision for their payment has been made to the satisfaction of the city council. H, No development shall occur in a PFFP area if the demand for any public facilities and services exceeds capacity and it is not feasible to increase capacity prior to completion of development unless means, schedule and financing for increasing the capacity is established through the execution of a binding Agreement providing for installation and maintenance of such facilities or improvements in advance of city·s phasing schedule. (Ord 2448 ?2 (part) , 1991) , 19.09.060 Public Facilities Finance Plan Contents. A. A PFFP shall contain a complete description of the proposed development project and a complete description of all public facilities included within the boundaries of the plan as defined by the director of planning, The plan shall contain a description of the individual and cumulative impacts of the proposed development on the community as it relates to the Growth Management Program, the specific facility master plans and the Threshold Standards. B, The PFFP shall consist of maps, graphs, tables, and narrative text and shall be based upon the General Plan and zoning applicable within the area of impact. The PFFP shall be consistent with the Growth Management Program and Threshold Standards and shall implement the Growth Management Program within the area. C, The boundaries of the PFFP shall be established by the city at the time a SPA Plan or Tentative Map is submitted by the applicant, The boundaries shall be based upon the impact created by the Project on existing and future need for facilities, The project boundaries will correlate the proposed development project with existing and future development proposed for the area of impact to provide for the economically efficient and timely installation of both onsite and offsite facilities and improvements required by the development, In establishing the boundaries for the PFFP, the city shall be guided by the following considerations, ,.n.. ~ '1/}-7 - 1. Service areas or drainage or sewer basins which serve the project; 2. Extent to which facilities or improvements are in place or available; 3, Ownership of property; 4. Project impact on public facilities relationships, especially the impact on the city's planned major circulation network; 5. Special district service territories; 6. Approved fire, drainage, sewer, or other facilities or improvement master plans. D. The boundaries shall be establi~hed by resolution after a public hearing notice of which is given pursuant to Section 19.12.070. E. The PFFP shall show how and when the facilities and services necessary to accommodate development within the area will be installed or financed: I, Police 2, Fire/EMS 3, Schools 4. Libraries 5. Parks and Recreation 6, Water 7. Sewer 8. Drainage 9, Traffic 10, Civic Facilities Il. Corporation Yard F, The PFFP shall include the following information with regard to each facility and service listed in subsection E: 1. List of Facilities and Services A list or schedule of facilities and service requirements correlated to individual development projects within the area. 2. Inventory An inventory of present and future requirements for each facility and service based upon the Threshold Standards. The inventory shall include Life Cycle Cost (I1LCCII) projections for each element in I9,09,060(E) above as they pertain to city fiscal responsibility, The LCC projections shall be for estimated life cycle for each element analyzed. The model used shall (R 12/91) ?3' ~ (\/}t\ be able to identify and estimate initial and recurring life cycle costs for the above elements. Because requirements for certain facilities and services may overlap plan boundaries, the plan shall address the need for coordination and shall propose a coordination plan for facilities and services extending from one project boundary area to another, Cost estimates for funding public facilities and services directly related to the impact created by the project as well as for proposals for funding existing deficiencies required by the project prior to the phasing schedule set forth in the Growth Management Program shall be included. It must be shown that development in the area wÌll not reduce the existing facilities or services capabilities within the Project boundaries or create facilities or improvements shortages in o~her areas or reduce capability in any area below the Threshold Standard which is established pursuant to Section 19.09.040. The growth inducing impact of the out of area improvements shall be assessed and mitigation provided, if appropriate, to the satisfaction of the city council. - 3. Phasing Schedule A phasing schedule, which complies with the adopted development phasing policy as set forth in the Growth Management Program and the Threshold Standards which establishes the timing for installation or provision for facilities and services required by the project. The phasing schedule shall ensure that development of one area will not utilize more than the area's prorata share of facility or service capacity within the projected service area of a facility unless sufficient capacity is ensured for other areas at the time of development. The phasing schedule shall include a schedule of development within the area and a cash flow analysis for financing of facilities and services for the PFFP area. The phasing schedule shall identify periods where the demand for facilities and improvements may exceed the capacity and provide a plan for eliminating the shortfall. If a project cannot demonstrate consistency with the phasing schedule, the PFFP must demonstrate to the city's satisfaction, how facilities required for the project in advance of the phasing schedule as set forth in the Master Plan will be provided. If no facility master plan or Threshold Standards exists for a particular facility, the PFFP for the project must demonstrate, how that facility will be provided and financed in a phased and timely manner. 4. Financing Plan A financing plan establishing specific methods of funding each facility and service identified in the PFFP which allocates the cost to the various properties within the plan area. The plan shall identify those facilities and services which would otherwise be provided as a requirement of processing a development project (i.e. requirements imposed as a condition of a development permit) or provided by the developer in order to establish consistency with the General Plan, Growth Management Program, facility master plans or this section, and those facilities and improvements for which new funding methods which shall be sufficient to ensure that funds are available to construct or provide facilities or services when required by the phasing schedule for the project. Where facilities or services are required for property within the PFPP area, other than the project, the phasing plan shall identify those other properties and the PFFP for each property shall be coordinated, Coordination, however, shall not require identical funding methods, G. The PFFP shall establish the proportionate share of the cost of facilities (R 12/91) ~ 9-' ;lfr '7- d-- 5 and services identified in the Growth Management Program and the Master Facilities plans attributable to the development of each property in the PFFP area, H, In the event that an applicant provides private financing for public facilities or services to service a project in advance of the normal time frame for constructing such facilities, the approval of credits against any city fees for such advanced private financing may be postponed until the estimated time of such construction as specified in the specific facility master plan or the city's capital improvement program budget, In lieu of a facility master plan phasing schedule, such determination shall be made by the city council after reviewing information from the þlaRRis§ àiyeeter director of vlannina and buildina, city engineer, finance director, and Deputy city manager. In no event shall a developer receive interest on funds for providing public facilities or services in advance of the city's schedule. The developer shall a~so become responsible for the maintenance and operation costs associated with the early construction of said facility. No repayment will be made to the developer for the funds provided for maintenance and operational costs. All repayments will be considered in accordance with the city's projected construction dates for said facilities. I, Assessment districts requested by the developer shall not be given credit for facility fees when a facility is constructed above the standards established by the respective facility master plan or standards imposed as conditions on the approval of the project by the city council, J. A fiscal analysis/economic impact report shall be provided identifying capital budget impacts on the city as well as maintenance and operation costs for each proposed phase of development, The report shall include an analysis of the Project impact on school districts and water agencies as well as the life cycle analysis set forth in Section F.2. Each year during the development of the Project, the director of planning may require the applicant to provide the city with an updated fiscal impact report reflecting the actual revenue and expenditure impacts based upon the development of the Project. The project shall be conditioned to provide funding for periods where expenditures exceed projected revenues. K, Developer contributions shall not be required as a source of funding for that proportion of the cost of any facility or service that is needed to reach Threshold Standards due to the demands created by existing development. (Ord 2448 ?2 (part), 1991). ~9.09.70 Public Facilities Finance Plan Preparation. A, An PFFP, an Air Quality Improvement Plan, and a Water Conservation Plan may be processed concurrently with the SPA plan or tentative map. B. A PFFP may be initiated by filing an application with the ~lanfliB§ àiY~eteY director of vlannina and buildinG. The applicant shall pay a deposit at the time any application for a PPFP is accepted. C, A PFFP for a project shall be prepared by the city, or a consultant selected by the city, according to the procedures established by this section. D. The cost of PFFP preparation shall be advanced to the city by the applicant (R 12/91) ;è5 ?',¿ì r¡-d.J~ and any participating owner or owners prior to PFFP preparation, (Ord 2448 ?2 (part), 1991), 19.09.080 Public Facilities Finance Plan Review. A. PFFP's shall be reviewed according to the following procedure: 1.A completed PFFP complying with this chapter, and accompanied by a processing fee in an amount established by city council resolution, may be submitted to the þlaRRiE~ àiLEetsF director of nlannina and buildina for processing. If the plan:aiFÌ! àiEeet.8J: director of nlannina and buildina determines that the plan complies with the provisions of this chapter, the director shall accept the PFFP for review. Once the PFFP has been reviewed and complies with the provisions~f this chapter, it shall be set for public hearing before the planning commission together with the accompanying development plan. 2. The hearing shall be noticed according to the provisions of Section 19,12.070. A staff report containing recommendation on the PFFP shall be prepared and furnished to the public, the applicant, and the planning commission prior to the hearing. 3, The planning commission shall hear and consider the application and shall by resolution prepare recommendations and findings for the city council. The action of the Commission shall be filed with the city clerk, and a copy shall be mailed to the applicant, 4. When the planning commission action is filed with the city clerk, the Clerk shall set the matter for public hearing before the city council. The hearing shall be noticed according to the provisions of Section 19.12,070, 5, The city council shall hear the matter, and after considering the findings and recommendations of the planning commission, may approve, conditionally approve, or deny the plans, The city council may include in the resolution adopting the PFFP any fees or facilities improvement requirements provided for in city ordinances in order to implement the Growth Management Program, the Master Facility Plans and the PFFP, 6. A PFFP may be amended following the same procedures for the original adoption. (Ord 2448 ?2 (part), 1991), 19.14.090 Conditional use permit-Public hearing procedure-Finding of facts~ The planning commission or the zoning administrator shall make a written finding which shall specify acts relied upon in rendering said decision and attaching such conditions and safeguards as deemed necessary and desirable not more than ten days following the decision of the commission or the zoning administrator, and shall fully set forth wherein the facts and circumstances fulfill or fail to fulfill the requirements of this section and Section 19.14,080, A copy of this written finding of facts shall be filed with the city clerk, with the àireetsL' sf El:iilàiB§ and RSl:i9iR§, director of Dlannino and buildinq and mailed to the applicant, The decision of the planning commission (R 12/9]) X' ~ ;¿3/ r¡ - :;>-7 or zoning administrator shall be final on the eleventh day following its filing in the office of the city clerk, except where appeal is taken as provided herein. (Ord 2374 ?2 (part) , 1990; Ord 1212 ?1 (part) , 1969; prior code ?33,1305(B)), 19.14.020 Zoning administrator-Creation of position. In order to relieve the planning commission of certain routine functions necessary to the proper administration of this chapter, a zoning administrator is created who shall be the plaRRiH§ àireeter director of Dlannina and buildina or his authorized deputy, with such authority as is granted to him by this chapter, (Ord 1212 ?1 (part) , 1969; prior code ?33.1302(A). 1.9.14_BO Variance-Prerequisites for granting. The zoning administrator shall grant a variance only when the following facts are found: A. That a hardship peculiar to the property and not created by any act of the owner exists. Said hardship may include practical difficulties in developing the property for the needs of the owner consistent with the regulations of the zone; but in this context, personal, family or financial difficulties, loss of prospective profits, and neighboring violations are not hardships justifying a variance. Further, a previous variance can never have set a precedent, for each case must be considered only on its individual merits; B, That such variance is necessary for the preservation and enjoyment of substantial property rights possessed by other properties in the same zoning district and in the same vicinity, and that a variance, if granted, would not constitute a special privilege of the recipient not enjoyed by his neighbors; C, That the authorizing of such variance will not be of substantial detriment to adjacent property, and will not materially impair the purposes of this chapter or the public interest; D, That the authorizing of such variance will not adversely affect the General Plan of the city or the adopted plan of any governmental agency, E. In the coastal zone, granting of variances is consistent with and implements the certified Local Coastal Program, and that the granting of such variances does not reduce or in any way adversely affect the requirements to protect coastal resources as specified in the zones included in this chapter, and that the variance implements the purposes of the zones adopted in implementation of the local coastal program. The 13laanin~ àireeter director of Dlannino and buildina or planning commission may grant a variance to a regulation prescribed by this chapter only with respect to fences, walls, hedges, screening, or landscaping; site area, width, frontage or depth; front, rear, or side yards; basic floor area; height of structures; or distances between structures, courts or usable open space as the variance was applied for, or in modified form, if, on the basis of the application and the evidence submitted, the director of planning makes findings of fact that establish that the circumstances prescribed in subsections (a) through (c) of this subsection apply, 1. Because of special circumstances applicable to the property, including size, shape, topography, location, or surroundings, the strict application of the (R 12/91) :;ff 7-Z1 '1/?-9> ordinance deprives such property of privileges enjoyed by other property owners in the same land use classification in the coastal zone. 2, That the strict application of the specified provision would deprive the applicant of privileges enjoyed by the owners of other property classified in the same use classification in the coastal zone¡ and 3. That the granting of the variance will not constitute a grant of special privilege inconsistent with the limitations on other properties in the same use classification in thè coastal zone. (Res, 11903, 1985; Ord 1212 ?1 (part), 1969; prior code ?33.1308(E». ~9.14.270 Procedures for enforcing c~nditional use permits and variances. A. The ~laRRiE~ àireeteE director of Dlannina and buildina shall investigate evidence presented to him or her to determine whether probable cause exists that any of the following has occurred or is substantially likely to occur regarding any variance or conditional use permit: 1. Fraud: That the variance or conditional use permit approval was obtained by fraud; 2. Non-Use: That the uses and privileges authorized by the variance or conditional use permit have not been initiated in the manner and within the twelve months specified in Section 19.14.260, and no extension of time has been granted; 3,Abandonment: That the property or any structure thereon subject to the variance or conditional use permit has been abandoned or the use authorized has ceased for a period exceeding twelve months; 4. Violation of Conditions: That the variance or conditional use permit is being or has been exercised contrary to the conditions of said permit, or in violation of any applicable licenses, permits, regulations or laws; 5. Violation of Use: That the variance or conditional use permit is being or has been exercised in excess of the use right granted. 6. Public Health, Safety and Welfare: That the use for which the variance or conditional use permit was obtained is being or has been exercised so as to be detrimental to the public health, safety, or general welfare or so as to constitute a public nuisance. If the ~laBBiB! àiyeetsy director of Dlanninq and buildino has probable cause to believe that any of the foregoing has occurred or is substantially likely to occur, he/she shall issue a recommendation as to what action should be taken. The recommendation shall be submitted to the individual or body which issued the conditional use permit or variance (hereinafter referred to as I1permitting authority") . B, The permitting authority shall hold a public hearing to consider the 1?laRRiB§ àireetsy' 8 director of Dlannino and buildino' s recommendation regarding the conditional use permit or variance. C. Notice of any public hearing to consider violations of variances and (R 12/91) / '/ 36l r¡-d-{ conditional use permits shall be given consistent with the procedures set forth in Section 19,12.070, The notice shall contain the following information: 1. The date, time, and place of the public hearing; 2. The identity of the permitting authority; 3, A general explanation of the matter to be considered including the nature of the I3laH.niR~ àiyeet6Y' s director of Dlannina and buildina's recommendation; 4. A general description, either in text or by diagram, of the location of the property, D, Procedures for public hearing: -rhe following procedures shall be followed for public hearings provided for in this section: 1. Recommendation and reports: The ¡31aRniB§ àiFestsr's director of Dlannina and buildinq's recommendation and any accompanying staff reports, if any, shall be made available to the public prior to commencement of the public hearing provided for herein. 2, Recordation: The public hearing may, at the written request of an interested party, be recorded by either a recording device or stenographer. 3. Testimony: Any witness offering evidence or testimony may be placed under oath and subject to cross-examination at the request of the permitting authority or any party interested in the matter which is the subject of the hearing. 4. Relevancy: Evidence or testimony must be relevant or material to the fact or facts at issue, Any relevant evidence may be admitted if it is the sort of evidence upon which responsible persons are accustomed to rely in the conduct of serious affairs, regardless of the existence of any common law or statutory rule which would otherwise make improper the admission of such evidence in civil actions. All irrelevant and unduly repetitious evidence may be excluded. 5. Hearsay: Hearsay evidence shall be admissible, but the fact that evidence is hearsay may affect the weight given to the evidence in reaching any determination of any question of fact. Hearsay evidence may be used for the purpose of supplementing or explaining other evidence, but may not be sufficient by itself to support a decision unless it would be admissible over objection in civil actions. 6, Privileges: The rules regarding privileges shall be effective to the extent they are raised and otherwise required by law to be recognized at the hearing. 7. Procedural Compliance: The hearing need not be conducted under rules relating to evidence. Failure of the permitting authority to strictly enforce rules of evidence and reject certain matters which may be irrelevant or immaterial shall not be sufficient to constitute reversible error on the part of the permitting authority if basic procedural due process is granted to all affected parties and a fair hearing has been conducted. Errors which do not affect substantial rights will be disregarded and no presumption of prejudicial error is raised by the failure to strictly adhere to procedural (R 12/91) r 7-_]1 7- 30 requirement E, The permitting authority, after public hearing, shall make a finding or findings whether any or all of the factors articulated in Subsection A apply to a conditional use permit or variance. F. Based on its findings, the permit authority may do anyone or a combination of the following: 1. Maintain the existing .variance or conditional use permit without modification; 2. Modify or delete any provision or condition of the variance or conditional use permit; 3. Establish any new condition or provision; 4. Revoke the variance or conditional use permit; 5, Establish any fine or charge which may be paid in lieu of revocation, modification, or imposition of a condition. G, Written Decision: The permitting authority must issue a written decision explaining the factual basis for its decision. Notice of the permitting authority's written decision and action shall be mailed to the affected party and any interested party requesting such notice consistent with Section 19.12,070, Said notice shall be filed with the city clerk, H, Right of Appeal: Within ten days after the notice of the written decision is filed, unless the date is waived by the appellate body upon a showing of good cause, any interested party who participated in the public hearing or the plarmiR§ àiFeetsy director of vlannina and buildina may appeal the written decision to the appropriate appellate body as follows: 1. If the permitting authority is the zoning administrator, appeal shall be filed with the planning commission; 2, If the permitting authority is the planning commission, appeal shall be filed with the city council; 3, If the permitting authority is the city council no further appeal is available. The appeal shall include a statement of the reasons supporting the appeal, including a demonstration that any issues being raised were raised during the public hearing. I, After an appeal is filed and accepted, the appellate body shall hold a public hearing consistent with the provisions set forth in this section. The appellate body may, in its discretion, consider additional evidence not presented at the public hearing, J. The appellate body may reverse, uphold, or modify in any manner a written decision or take any action consistent with this section, after public hearing, upon a written appellate decision, Notice of the written appellate decision shall be mailed to the affected party and any interested party requesting such notice consistent with Section 19.12.070. Said notice shall be filed with the city clerk, (R 12/91) Y ,7 -J:L 7-31 - --- ---. ----. L, Appeal to city council: If the appellate body is not the city council, an appeal may be filed by any interested party who participated in the appeal or by the J:31aHHiB.§ àiI"eet.sy director of clannino and buildinq who may request an appeal to the city council within ten days after the notice of the written appellate decision is filed, unless waived by the city council upon a showing of good cause, The appeal shall include a statement of the reasons supporting the appeal, including a demonstration that any issues being raised were raised during the public hearing, The appeal shall include a statement of the reasons supporting the appeal, including a demonstration that any issues being raised were raised during the public hearing, M, Any written decision regarding an appeal shall be final on the eleventh day after its filing, unless an appeal is timely filed, if such an appeal is available to an issuing body or a waiver is obtained. All written decisions issued by the city council shall become final when notice of such written decision is filed. N. After the written decision becomes final, it shall be filed with the àirEet.8E sf ~lanRiB!, àiI"EetSI" sf BailàiR§ aHà fle~6iH§ director of clanninq and buildinq, and a copy may be filed with the County Recorder of San Diego County, Uses and structures must be brought into compliance with the final decision or otherwise brought into compliance with the underlying zone. Where a variance or conditional use permit is revoked, it shall become void. (Ord 2520 ?1, 1992), 19.14.480 Site plan and architectural approval-Zoning permit issuance prerequisite-Building inspector authority-Appeals. A. Following site plan and architectural approval by the zoning administrator as provided in this chapter, and provided all other applicable requirements of this chapter have been met, the CHief B~ilàiBg Offiee~ buildina official shall issue a zoning permit, as provided in Sections 19.14.500 through 19.14,550, and shall ensure that development is undertaken and completed in conformity to the approved plans, A copy of the decision resolution of the zoning administrator shall be filed with the ~laRRiHg àiEeetsr director of Dlanninq and buildino and mailed to the applicant, Appeals from determinations by the zoning administrator shall be to the planning commission, upon written request for a hearing before the Commission. In the absence of such request being filed within seven days after determination by the Administrator, the determination shall be final. B. The appeal shall be filed with the ~laRRiR~ àireeter director of Dlannino and buildina in the form required by the plaRRiBg àirE.stsJ: director of clannina and buildina, and be accompanied by the non-refundable Required Fee therefor. The appeal shall include a statement of the reasons supporting the appeal, including a demonstration that any issues being raised were raised before the zoning administrator. Upon the proper filing of the appeal, the director of planning and buildino shall cause the matter to be set for public hearing, giving the same notice as required in Sections 19,12,070 and 19,12,080. C. Upon the hearing of an appeal, the 'planning commission may by resolution, affirm, reverse or modify, in whol~:or in any part, any determination of the (R 12/91) #~. Y 7- 5;J '1-3~ zoning administrator. The resolution shall contain findings of facts showing wherein the project meets or fails to meet any applicable site plan and architectural principles in Section 19.14.470, the provisions of the Design Manual or any Design Standards required for the project, or other non-conformity with the requirements of this Chapter. A copy of the decision resolution of the planning commission shall be filed with the city clerk and mailed to the applicant. The decision of the planning commission shall be final on the eleventh day after its filing, except where further appeal is taken as provided herein. D. The applicant or other interested person may appeal the decision of the planning commission granting ,or denying site plan and architectural approval to the city council within ten days after said decision is filed with the city clerk. Said appeal shall be filed with the city clerk in writing upon forms provided by the þlaRBiH~ àireeter director of Dlanninq and buildinq and be accompanied by the non-refUndable Required Fee therefore. The appeal shall include a statement of the reasons supporting the appeal, including a demonstration that any issues being raised were raised during the public hearing, If a proper appeal is filed within the time limits specified, it automatically stays proceedings in the matter until a determination is made by the city council on the appeal, E, Upon the filing of the appeal, the city clerk shall set the matter for public hearing, giving the same notice as required in Sections 19,12,070 and 19,12.080. The city clerk shall send the l"la""i,,~ "i"eets" director of Dlanninq and buildinq a duplicate copy of the appeal and who shall transmit to the city council the minutes of the hearing before the planning commission and/or zoning administrator (if any), and all other evidence 1 maps, papers and exhibits upon which the planning commission made its decision. F. After hearing the appeal 1 the city council may 1 by resolution, affirm, reverse or modify 1 in whole or in any part, any determination of the zoning administrator or the planning commission. The Council resolution by which the appeal is decided shall contain findings of facts showing wherein the project meets or fails to meet the applicable site plan and architectural principles in Section 19.14.4701 the provisions of the Design Manual, any Design Standards required for the project, or other non-conformity with the requirements of this Chapter. A copy of the decision resolution of the city council shall be filed with the city clerk and mailed to the applicant. (Ord 2587 71, 1994; Ord 1212 71 (part), 1969; prior code 733.1313 (A) (6», 19_52.040 Procedures following planning commission decision-Appeals. A, After decision by the planning commission, copies thereof shall be mailed to the applicant and to any party filing a written notice therefor with the secretary of the commission or the þlaRniR§ àireeter director of Dlanninq and buildinq, and the application and any supporting documents, together with the written decision of the planning commission shall be forwarded to the city clerk, who shall cause same to be placed upon the agenda of a regular meeting of the city council within fifteen days after receipt thereof, B, If the applicant or any other interested party is dissatisfied with the decision of the planning commissionl such person may file a notice of appeal within ten days from the date such notification of the planning commission's (R 12/91) ;u--- 7-3i '7-33 .,., decision was mailed to the applicant, Such notice of appeal shall be filed with the city clerk. Such appeal shall be in writing and shall state wherein the appellant feels the planning commission's decision was in error, and his reasons therefor, (Ord 1281 §2 (part), 1970; Ord 1212 §1 (part), 1969; prior code §33.530(C)), 19.58.042 Carnivals and Circuses. Carnivals and circuses shall be subject to the following development standards: A. Carnivals shall be restricted to locations where the ingress and egress from the site shall be designed so as to minimize traffic congestion and hazards and provide adequate parking; . B. Adequate controls or measures shall be taken to prevent offensive noise, vibration, dust and glare from any indoor or outdoor activity onto adjacent property or uses; C. The time of operation and the duration shall be limited by consideration of the impacts on the surrounding uses or the community as a whole. The frequency of operation at a particular location shall be a consideration in determining whether or not to grant the permit. Carnivals and circuses shall have adequate insurance, pursuant to city council Policy, to indemnify the city from liability, A business license shall be required, D, The site shall be cleared of weeds and obstructions, Fire regulations shall be met as established by the Fire Marshal including inspection prior to opening, Security guards as required by the police Department shall be provided. Uniformed parking attendants to be determined by the Traffic Engineer, The number of sanitary facilities shall be as determined by the DC?aLtæeR~ sf BHilàiH§ aRà IIsHsiB§ Decartment of Plannina and Buildina. All electrical installations shall be inspected and approved by the Be~aFEffieRt Elf Bl:iilàiR§ aaà IIsl:lsiB§ Decartment of Plannina and Buildina. E, The zoning administrator has the right to impose additional standards or waive any of the above standards on the finding that said standards are or are not necessary to protect the public health, safety and general welfare, F, A bond shall be posted to cover any work and compliance with conditions to be done once the carnival is over. Any violation of the above regulations which has been substantial shall be sufficient grounds for the zoning administrator to revoke the conditional use permit and require removal of the circus or carnival from the property. (Ord 2074 §4, 1984). 19.58.090 Club, country-Golf course. Country club and golf course regulations are as follows: A, No building shall be located within twenty feet of any property line, B. Facilities, such as restaurants and bars, may be permitted when conducted and entered from within the building. (R 12(94) ;>a- '7'357-3Y , c, Swimming pools, tennis courts, and the like shall be located not less than twenty-five feet from any property line, and, when adjoining property in an R or C zone, shall be effectively landscaped, subject to the approval of the plaBHiH§ àireetsF director of Dlannina and buildina. (Ord 1356 §1 (part) , 1971; Ord 1212 §1 (part) , 1969; prior code §33,901(B) (8», 19_58.320 Tract office, temporary. Within the boundaries of a subdivision where lots are offered for sale to the public for the first time, ~uildings and structures erected in compliance with the provisions of the prevailing zone may be used as follows: A. One building for a temporary real estate sales office, and not more than six dwellings for temporary demonsotration or model home purposes may be provided, In addition, a subdivision containing more than sixty lots may use up to ten such lots for model home purposes. Such temporary uses shall be made only in conjunction with the sale or rental of land or buildings within such subdivisions and such use or uses shall terminate two years after the filing in the office of the county recorder of the final subdivision map thereon, or sixty days after the sale of the last house, whichever comes first. After the time limit has expired all commercial acti vi ty shall cease and the temporary office building, if any, shall be converted to a conforming use or removed at the owner's expense. At the termination of such office use I all necessary alterations to convert the temporary office to residential use or removal of said building shall be made. B, If alterations are needed in the initial conversion from a house to a temporary office, the following shall be done: A two hundred and fifty dollar penal bond shall be filed with the city clerk to assure said work will be completed, Upon a recommendation from the àireetsE sf èHilàiR~ aflà flsHsi:ag director of Dlannina and buildinq ins~eE!ti8:a or hi s authorized deputy, he shall approve or reject the final alteration work, c, The zoning administrator shall determine the need for off-street parking, based on the location of model homes in relationship to adjoining subdivisions; the size of the subdivision; character of the street; and the expected duration of model home area use. (Ord 1356 §1 (part) , 1971; Ord 1212 §1 (part) , 1969; prior code §33,901(B) (32»), 19.58.330 Trailers. (See Definitions, Section 19,04,298), A, It is unlawful to use a camping trailer, motor home, camper, or travel trailer for living or sleeping purposes except when parked within a licensed recreation vehicle park or mobile home park, as provided elsewhere in this title, or when used on a temporary basis not to exceed a period of seven days by guests or visitors of residents of the city and said vehicle is parked upon the property of the resident, B. It is unlawful to use a trailer, excluding commercial coach units, as a (R 12/94) X 7 - J/r r¡ -3 <5 - ------.-.-.,-- - ---- business office in any zone, except that a general contractor and/or property owner or lessee may obtain a temporary permit for the parking of one or more mobile homes, motor homes, campers or travel trailers for watchmen, supervisory or other special personnel, or for use as a temporary office at or immediately adjoining a major construction site upon commencement of such construction. Any such permit shall be issued only by the àiyeetsF of B~ilàia§ aaà fl6~sia! director of Dlannina and buildina of the city after an application, in writing, is submitted by the general contractor specifying: 1, The number and type of s~ch vehicles: 2. The reasons their presence is necessary at the site at times other than normal work hours; 3, The period for which the permit is sought: 4, The vehicles for which a permit was issued shall be removed from the premises ten days after final inspection. C, Commercial coach units may be utilized for a maximum of twenty-five percent of the total industrial and/or commercial floor area available to a particular use: provided, that if visible from a public street or from adjoining properties, the coach units shall be made architecturally compatible with and complementary to the balance of the structures on the same and adjacent sites. D, Commercial coach units may be utilized as temporary building space in conjunction with public or quasi-public uses located in residential zones, and in conjunction with public, quasi-public, and private uses, such as banks, insurance offices, savings and loan institutions, public utility offices, and similar public-service-based uses in commercial and industrial zones, provided that a conditional use permit is procured for each commercial coach so utilized. All conditional use permits granted for the utilization of commercial coaches as temporary building space shall be limited to a period of not more than two years; provided, however, that the permittee may apply to the planning commission for an extension of time, which the commission may grant for a maximum of one additional year. E. A mobile home, certified under the National Mobile Home Construction and Safety Standards Act of 1974 (U,S,C, Section 5401 et seq,), may be placed on a permanent foundation on a private lot in the A and R-1 zones and on lots designated for single-family detached dwelling units in the P-C zone; provided, that: 1. It may be occupied only as a residential use; 2, All development standards of the underlying zone pertaining to conventional single-family development are complied with; and 3. The foundation is in compliance with all applicable building regulations. (Ord 1941 §1 (part), 1981: Ord 1711 §2, 1976; Ord 1518 §1, 1974; Ord 1356 §1 (part), 1971: Ord 1212 §1 (part), 1969: prior code §33,901(B) (33)), (R 12/94) y" -;7-.37- 7-3þ 19.58.400 Recreational vehicle storage yards. An application to establish a recreational vehicle (RV) storage yard (storage area for motor homes, camping trailers, boats and other recreation equipment) shall address the following issues: (1) height limit for stored items, (2) screening (landscaping and fencing), (3) surfacing, (4) access to the site, (5) office facilities, ,(6) customer parking, (7) lighting, (8) hours of operation, (9) security, (10) signing, (11) surrounding land uses and structures, The application shall also be aCfompanied by a comprehensive list of items which would be eligible for storage, Any subsequent additions to the list shall be subject to the approval of the plaIHliFJ.! àireet.8:E" director of 'Clanninq and buildina, . The approval of an RV storage yard judged by the commission to represent an interim use of land based upon zoning, development patterns, and/or pending plans in the area shall be subject to a review and report filed each year by the owner with the city zoning administrator. Failure to file the report or abide by the conditions of approval shall cause the matter to be set for a rehearing before the commission to consider revocation of the permit or other appropriate corrective action. Permits for interim RV storage yards shall be granted for a maximum period of five years with extensions subject to rehearing before the commission. (Ord 2169 §2, 1986) , 19.60.041 Signs-Prohibited on public rights of way. No person shall paint, mark or write on or post or otherwise affix any sign within the public right of way, which includes but is not limited to, the following: sidewalk, crosswalk, curb, curbstone, street, lamp post, hydrant, tree, shrub, tree stake or guard, railroad trestle, electric light or pole or telephone or telegraph or trolley wire or pole or wire apparatus thereof or upon any fixture or upon any lighting system, street sign or traffic sign. If a sign is posted in violation of this section, the àiFeeter sf ):n:iÌlàin~ aE.à heU8iE.~ director of Dlanninq and buildinq may cause removal of the sign and assess a charge for the cost of removal to the person or entity responsible for placement of the sign, or on his behalf the sign was placed, A sign removed pursuant to this section is subject to immediate removal and destruction and is not subject to the storage requirements of Section 19.60.0BO, or to the notice requirements of Section 19.60,580, (Ord 2389 §1, 1990) , 19.60_580 Political signs-Removal authorized when. The procedure for the removal of political signs is as follows: A, With the exception of signs posted in the public right-of-way, which may be removed without notice, the àireeter sf 131:ÜlàiR~ and Re1:isiB~ director of Dlanninq and buildino or his or her designee is hereby authorized, after giving twenty-four hours notice to the owner of the sign, to remove any political signs that do not conform to the standards herein provided. The notice shall specify the provision of (R 12/94) ~ ? ff 7-37 - the sign ordinance being violated, and shall inform the owner that removal charges will be assessed. The owner may, within twenty-four hours, request a hearing before the àiFEetsF sf ÈuilàiR~ aBà h6uBiB~ director clannina and buildina to appeal the decision to remove the sign. If the owner so requests, the sign shall not be removed until the hearing has been held and a final decision rendered, B, If the owner cannot be located after reasonable effort to do so, the sign may be treated as abandoned property and removed. (Ord 2389 §4, 1990; Ord 2228 §2, 1987; Ord 1575 §1 (part), 1974; Ord 1414 §1 (part), 1972; Ord 1356 §1 (part!, 1971; Ord 1212 §1 (part), 1969; prior code §33,950 (I) (2) (d»), 19.62.200 Enforcement of this chapter. The Bl:lilàif1§ anà BeI:iBiB~ àiI"eeter 'Dlannina and buildina director, code enforcement officers and other employees designated by the eailàiB~ and RSl:lsiRg àiFCCESI" clannina and buildina director shall have the authority to enforce this chapter in accordance with the procedures as set forth in Chapters 1,40 and 1,41, Any violation of this chapter shall constitute an infraction, and the administrative citation provisions contained in Chapter 1,41 of this code shall be applicable. (Ord 2718 §1 (part), 1998; Ord 2176 §7 (part), 1986), 19.64.150 Non-residential structures -Replacement restrictions. Any non-residential nonconforming building damaged more than sixty percent of it value, as established by the àiFeetSI" sf BHilàiBg aHà hel:lsiR~ director of 'Dlannina and buildina, at the time of damage by fire, flood, explosion, wind, earthquake, war, riot, or other calamity or act of God, shall not be restored or reconstructed and used as before such happening; but if less than sixty percent damaged, it may be restored, reconstructed or used as before, provided that such be initiated within six months and be substantially completed within twelve months of such beginning, (Ord 2708, 1997; Ord 2599 §2, 1994; Ord 1356 §1 (part), 1971; Ord 1212 §1 (part), 1969; prior code §33,1102(D) (6», 19.68.030 Exterior noise limits. A. Maximum permissible sound levels by receiving land use. 1. The noise standards for the various categories of land use as presented in Table III and set forth in terms defined in the city land use code set forth in Chapter 19,04, shall, unless otherwise specifically indicated, apply to each property or portion of property substantially used for a particular type of land use reasonably similar to the land use types shown in Table III. Where two or more dissimilar land uses occur on a single property, the more restrictive noise limits shall apply, 2, Additional land use classifications may be added by action of the city council to reflect both lower and higher existing ambient levels than those shown. (R 12/94) .J.J.H'" X 7- .3; ? - 3 'j] 3. Where doubt exists when making identification of receiving land use, the ~laRRiR§ àiyeeEer director of vlanninq and buildinq may make an interpretation. 4. No person shall operate or cause to be operated, any source of sound at any location within the city or allow the creation of any noise on property owned, leased, occupied or otherwise controlled by such person, which causes the noise level to exceed the environmental and/or nuisance interpretation of the applicable limits given in Table III. 5. a,Environmental noise shall be measured by the equivalent sound level (Leg) for any hour. b.Nuisance noise shall be measured as a sound level not to be exceeded at any time. c.Sound levels by receiving land use shall be measured at the boundary or at any point within the boundary of the property affected, d. Fixed location public utility distribution or fixed transmission facilities, located on or adjacent to a property line shall be subject to noise level limits of this section measured at or beyond six feet from the boundary of the easement upon which the equipment is located, B. Corrections to exterior noise level limits. 1, If the noise is continuous, the Leg for any hour will be represented by any lesser time period within that hour. Noise measurements of a few minutes only will thus suffice to define the noise level. 2, If the noise is intermittent, the Leg for any hour may be represented by a time period typical of the operating cycle. Measurement should be made of a representative number of noisy/quiet periods. A measurement period of not less than fifteen minutes is, however, strongly recommended when dealing with intermittent noise, 3. In the event the alleged offensive noise, as judged by the enforcement officer, contains a steady, audible sound such as a whine, screech or hum, or contains a repetitive impulsive noise such as hammering or riveting, the standard limits set forth in Table III shall be reduced by 5 dB, 4. If the measured ambient level exceeds that permissible in Table III, the allowable noise exposure standard shall be the ambient noise level. The ambient level shall be measured when the alleged noise violations source is not operating. (Ord 2101 §3 (part), 1985), 19.68.070 Exceptions. A. The city council is authorized to grant exceptions for any environmental (R 12/94) ~ :; 1~ '7 - 5; noise provision of this title, subject to limitations as to area, noise levels, time limits, and other terms and conditions as the city council determines are appropriate to protect the public health, safety, and welfare from the noise emanating therefrom, This section shall in no way affect the duty to obtain any permit or license required by law for such activities, nor shall it apply to nuisance noises. B, Any person seeking exceptions pursuant to this section shall file an application with the ~la~iB~ àireetsF director of olanninc and buildinc. The application shall be submitted and processed in the same manner as conditional use permits. The application shall contain information which demonstrates that bringing the source of sound or activity for which the exception is sought into compliance with this title would constitute, an unreasonable hardship on the applicant, on the commun~y, or on other persons. (Ord 2101 §3 (part), 1985), 19.68.078 Enforcement. A, violations and penalties, 1, It is a violation for any property owner(s) and/or person(s) in control of property to permit, or cause, a noise disturbance to be produced upon property owned by them or under their control, 2. It is a violation for any person or persons to create or allow the making of noise disturbance as provided by this title at any location in the city, 3, The violation of this title by making or allowing an environmental noise disturbance shall be an infraction. Enforcement of environmental noise violations shall follow the procedures set forth in the land use code for zoning violations. 4. The violation of this title by making or allowing a nuisance noise disturbance shall be an infraction. Subsection d. provides for the method of enforcement wherein noise may be in violation of both the environmental and nuisance noise disturbance provisions. B. Environmental noise. 1. Classification of environmental noise. The enforcement officer shall determine that any given obtrusive noise condition that falls within the definition of environmental noise disturbance, pursuant to Section 19.66.072 is an environmental noise. The enforcement officer may use Appendix A, attached to ordinance codified in this title, as an aid in making such determinations. The þlaRRiR~ àiFee~eF director -of olannina and buildina may make "determinations'! classifying noise sources not specifically mentioned in Appendix A. 2. Responsibility. The s~ilàiR~ aBè fl6~siB~ àireetsy Dlannina and buildina director shall be responsible for investigation and enforcement of environmental noise disturbances. (R 12/94) Ht5 ~ ?- ý/ '7 ~ '-{O 3. Guidelines. The stiilàin§ aRà flsl:lsiB§ elirset.s:E' Dlanninq and buildinq director may, from time to time, promulgate guidelines for administration and enforcement of the provisions of this title pertaining to noise violations, 4. Abatement shall terminate enforcement action. No complaint or further action shall be taken in the event that the cause of the violation has been removed, the condition abated or fully corrected within the time period specified in a notice of violation issued by the enforcement officer. c. Nuisance noise. 1. Classification of Nuisance Neise. The chief of police shall determine that any given obtrusive noise condition that falls within the definition of nuisance noise disturbance, pursuant to Section 19.66,072 is a nuisance noise. The chief of police may use Appendix A, hereto, as an aid in making such determinations. At the request of the chief of police, the ~laBRiR~ eliYe~teY director of vlanninq and buildinq may make "determinations" for classifying nuisance noise sources not specifically mentioned in Appendix A, 2, Responsibility. The chief of police shall be responsible for investigation and enforcement of nuisance noise disturbances. 3, Guidelines, The chief of police may, from time to time, promulgate guidelines for administration and enforcement of the provisions of this title pertaining to nuisance noise violations. 4, Abatement Order. The officer responsible for enforcement of any provisions of this section may issue an order requiring abatement of a sound source alleged to be in violation within a reasonable time period and according to guidelines which the chief of police may prescribe, Such orders of abatement may be verbally administered, Failure to comply may be held as a violation of this title, D. Enforcement of noise disturbances that are both environmental and nuisance. 1, Where investigation reveals that offending noise violates both the environmental noise regulations and the nuisance noise regulations, the offense shall be enforced as a nuisance noise violation unless the chief of police makes a specific finding that the environmental noise regulations more nearly apply,' in which case the environmental noise regulations shall apply. 2, Nothing contained in this provision shall limit the city's ability to prosecute noise violations as both environmental and nuisance noise. E. Violations: Additional remedies--Injunctions. As an additional remedy, the operation or maintenance of any device, instrument, vehicle or machinery in violation of any provision of this chapter which operation or maintenance causes or creates sound levels or vibration exceeding the allowable limits as specified in this chapter is declared to be a public nuisance, and may be subject to abatement summarily by a restraining order or injunction issued by a court of competent jurisdiction. Additionally, no provision of this title shall be construed to impair any common law or statutory cause (R 12/91) ~ --?-.y.1- 7 - c¡ ( --~ --------"- of action, or legal remedy therefrom, of any person or inj ury or damage arising from any violation of this title or from any other law. (Ord 2101 §3 (part) , 1985) , B.83.005 De Minimus Development. The director of planning ,and buildinq may issue a written waiver from the coastal development permit requirements of this article for any development that is de minimis, A proposed development is de minimis if the director of planning and buildinq determines I based 'on a review of an application for a coastal development permit, that the development involves no potential for any adverse effect, either individually or cumulatively, on coastal resources and that it will be consistent with all applicabl& objectives, policies, and standards of the certified Local Coastal Program. The determination shall be made in writing and based upon factual evidence. L De minimis waivers shall be permitted only in the non-appealable area of the city's coastal development permitting jurisdiction when no local public hearing is required. 2, The director of planning and buildinq will consider the following types of projects for possible permit waivers: a, Projects which would have been placed on the consent calendar without special conditions; b, Projects fully consistent with the certified Local Coastal Program (LCP) and for which all applicable policies of the LCP are objective in nature, such that staff does not have to exercise its judgment as to satisfaction of subjective criteria¡ c, Projects located in areas where similar projects have been approved as a routine matter without conditions or opposition. 3, The following projects will not be considered for possible waivers: a, Projects which involve questions as to conformity with the certified LCP, or which may result in potential impacts on coastal resources and public access; b, Projects with known opposition or probable public controversy; c, Projects which involve divisions of land including condominiums. 4, Ifl upon review of the coastal development permit application, the director of planning and buildinq determines that the development is de minimis, the applicant, shall post public notice of the de minimis waiver on the property for at least seven calendar days prior to the final decision granting the waiver. Notice of intent to issue a de minimis waiver shall also be made to the Coastal Commission and to persons known to be interested in the proposed development in the following manner: (R 12/94) .J.J..I;f- ?1 7' (3 í - l.( 'Z- Within ten (lO) calendar days of accepting an application for a de minimis waiver or at least seven (7) calendar days prior to the decision on the application, the Director of Planning shall provide notice, by first class mail, of pending waiver of permit requirements. This notice shall be provided to all persons who have requested to be on the mailing list for that development project or site or for coastal decisions within the local jurisdiction, to all property owners and residents within 100 feet of the perimeters of the parcel on which the development is proposed, and to the coastal commission. 5, The notice shall contain the following information: a, A description of the propose~ project and location; b, A statement that the development is within the coastal zone; c, The date of filing of the application and the name of the applicant; d, The number assigned to the application; e. The date of the hearing at which the waiver may become effective; f. The general procedure concerning the submission of public comments either in writing or orally prior to the decision; g, A statement that a public comment period of sufficient time to allow for the submission of comments by mail will be held prior to the decision, The director of planning and buildino shall report to the city council at its next available public meeting those projects for which waivers are proposed, with sufficient description to give notice of the proposed development to the city council. A list of waivers issued by the director of planning and buildino shall be available for public inspection at the public counter of the community development department and at the city council meeting during which any waivers are reported. A waiver shall not take effect until after the ISlal"lniR§" àiFeetsF director of tÜannina and buildinq makes his/her report to the city council, If one-third of the city council (two members) so request, such issuance shall not be effective and, instead, the application for a coastal development permit shall be processed in accordance with the provisions of this article. (Ord 2532, 1992; Res. 13957, 1989; Res; 11903, 1985), 19.8S.DDS Parking Requirements. 1. General Requirements: The provisions of Chapter 19,62 of the Chula Vista Zoning Ordinance, Title 19 of the Chula Vista Municipal Code, shall be applicable to off - street parking and loading areas in the Bayfront area. These provisions generally control construction and development and design standards of off-street parking areas. The number of spaces required for designated uses shall be that designated below. In the event that there is no precise correspondence in the use classifications with the common names used in this section, the (R 12/91) jr~ 1-Lf3 rlanniR§ BireetsF Director of Plannino and Buildino shall have the authority to designate the requirements and the common names for proposed uses shall generally be deemed to control, 2, Vehicle Parking Standards: Business and professional offices: 1 space per 300 square feet of floor area; minimum of 4 spaces; Dance, assembly, or exhibition halls without fixed seats: 1 space per 50 square feet of floor area us7d for dancing or assembly; Dwellings, multiple: 1.5 spaces per studio or 1 bedroom unit; 2 spaces per two bedroom ; 2,5 spaces per three bedroom or larger unit (includes 0.3 space per unit guest parking) ; - Hotels, motels: 1 space for each living or sleeping unit, plus 1 space for every 25 rooms or portion thereof; Manufacturing plants, research & testing laboratories: 1 space per 1.5 persons employed at anyone time in the normal operation of the plant or 1 space per 800 square feet of floor area, whichever is greater; Medical and dental offices, clinics: 1 space per 200 square feet of floor area; minimum of 5 spaces; Public park/open space: 1 parking place for every 10,000 square feet of park or accessible open space; Restaurants, bars, and night clubs: 1 space per 2.5 permanent seats, excluding and dance floor or assembly area without fixed seats which shall be calculated separately at 1 space per 50 square feet of floor area; Restaurants - drive-in, snack stands or fast food: 15 spaces minimum, or 1 space per 2.5 permanent seats, whichever is greater; Retail stores: 1 space per 200 square feet of floor area; Sports arenas, auditoriums, theaters: 1 space per 3,5 seats of maximum seating capacity; Wholesale establishments, warehouses, service and maintenance centers: 1 space per 1.5 persons employed at anyone time in the normal operation of the plant or 1 space per 1000 square feet of floor area, whichever is great- er; Uses not listed: as required by Chula Vista Zoning Ordinance 3, Bicycle Parking Standards Bicycle parking spaces shall be provided for developed uses according the following schedule, Only those uses listed below are required to provide bicycle parking. Bicycle parking facilities shall be fixed storage racks or devices designed to secure the frame and wheel of the bicycle. Business and professional offices (over 20, ODD square feet of gross floor area) : 5 spaces; (R 12/91) ¥ 7 r51-45 Shopping center (over 50,000 square feet of gross floor area): 1 space per 33 automobile spaces required; Fast food restaurant, coffee shop, or delicatessen: 5 spaces; Other eating and drinking establishments: 2 spaces; Commercial recreation: 1 space per 33 automobile spaces required, 4, Shared Parking Where uses have predictable time cycle parking demands and where supported by appropriate traffic/parking studies, shared parking may be utilized as a means to reduce total parkil19 lot area. The criteria and standards provided in Shared Parking published by the Urban Land Institute (ULI) should be utilized to assess parking needs and formulate shared parking agreements. Any use which intends to meet its parking requirements using shared parking shall be subject to the approval of a Conditional Use Permit as provided for in Chapter 19.14 of the Chula Vista Zoning Ordinance, Title 19 of the Chula vista Municipal Code, and shall be further guaranteed through the execution of a deed restriction and a long-term, binding agreement. The approval of the Conditional Use Permit may, among other requirements, require a use, business, or activity to only operate within restricted hours. 5, Concealed Parking Within the Central Resort District and the Residential High District of the Midbayfront Subarea 75% of the required parking shall be provided in subterranean or concealed parking structures. Concealed parking is when the parked vehicles can not be seen by the public using public streets, bike lanes and paths, pedestrian walkways, public parks, and public access open spaces. 6, Landscaped parking in SDG&E Right-of-way Any landscaped parking in the SDG&E ROW north of Lagoon Drive shall be available on weekends and evenings for use by coastal visitors. The parking needed for visitors to the Nature Interpretive Center or for any park or public open space areas shall be provided in areas signed and exclusively reserved for such visitors. This restriction must be enforced during the operating hours of the Nature Interpretive Center and public parks. Public parks shall be open from dawn until 11 p,m, daily unless the operating hours are revised through the local coastal program amendment process, Parking for park and public open space use shall be provided at the rate of one space per each 10,000 square feet of park or open space area, excluding the National Wildlife Refuge. (Ord 2546, 1993; Ord 2532, 1992; Ord 2168 §1 (part), 1986; Res, 11903, 1985), 29.91.939 £ela~ .,a1:.e~ kea1:.er l5~epll:HM;,ifi!J. ;..11 Re·.: resiàeBtial tiEi tB Baall iRelt:làe pluFRlsiR§ sp!eE:ificall) àesi§flcà te aIle.. the latEr iRstallatisR sf a s)stcm \.kieh utiliEBs selay ERer~)' as ~he (R 12/91) ~ .rr ;f/I- r¿4-5' flFiæary meaE.8 sf BeatiE!§! àemeetie: pistaDlc \:ater. Us B1iilàiE§ ~eTmit shall :Be issaeè ~nlcs8 tRe plHffiSia§ Lc~iIEà ~aIs~aRt te this seetisR is iRàisatEà 6B the EuilàiR§ fllaBs. FEefjlaffÙ9i:a§ skall EJEteRà thEel.:l§R t.hE reef ·...:SCR the. slsfJe sf the r6sf is lcss tRa:a fauT iReRcs aRà t..e}-:e il'lE!R8S aE.à ',fflcn tHe reef eS"?EriR§ is ef ela) BE e8Re:E"Ete tile, FrEpl~iR!§! pipes fey àeffiestie salay Ret ..atEY keatiE§ shall se iRsalaEeà. Tkis seetisl'l sRall ~þl) sRly te th6se Ee.siàE:atial à',:elliR§ aBits feE ..hieR a Sl:iilàil'l§ ¡ssrmi'€. ',:as ~fjlieà feE" aft8F Eke effcetive date 6f t.ke erài:aaEGe. aàe~t.in§ this eka~t.cr, EJtECl9tisR. Tke J?EB lisie~s sf this skaJ?ter saR Jse. R'lsàifieà SF ..ai"', cà ',:£Cl"l it eaR Be. satiefaetsE"ily àCffi6RsEFateà te tke Sl:iilàiR§ effieial that tke. selar prsþll:imBiR§ is impEae:tieal àl:ic te afiaàiR§, Bl:iilàiB§ ericntati6l'l, eSRstrl:iet.i6B eSl'lstraiBts SF eSBfi§1:lratisR sf the þarecl. (OFà 197J § 1 (part) / 1982.) Presented by Approved as to form by ~ . Robert Leite , Director of Planning and Building h:\shared\attorney\pln&bld.ord (R 12/91) P ~<1~Lj-þ COUNCIL AGENDA STATEMENT Item 1!. Meeting Date June 8. 1999 ITEM TITLE: Resolution J 91r~ Approving a Resolution of Intention to Consider Granting A Waste Management Franchise Renewal to Pacific Waste Services until the Year 2007 With an Option to Extend Until the Year 2015 Subject to Satisfactory Performance (With Potential Additional Extensions at City's Option until the Year 2031) and Setting a Public Hearing to Consider Same for June 22,1999. SUBMITTED BY: Conservation Coordinator Reviewed By: City Manag~ ~ (4/5ths Vote Yes _ No Xl City staff has negotiated with Pacific Waste Management to develop the terms and conditions for a proposed Waste Management Franchise Renewal. The following report summarizes those terms, Before Council can consider action on this item the City Charter requires that a resolution of intention be adopted and a public hearing be scheduled. A public hearing for the first reading of the Ordinance renewing the Franchise is proposed to be scheduled for June 22,1999, This item does not approve the proposed terms, but merely presents them to the Council for their future consideration, Therefore, no discussion of the item is required at this time, Staff recommends approval of the resolution, RECOMMENDATION: That City Council approve the Resolution and set a public hearing for June 22,1999, BOARDS/COMMISSIONS RECOMMENDATION: Not Applicable. BACKGROUND: The current Waste Management Franchise with Pacific Waste Services expires on September 4, 2002, On August 4, 1998 Council concurrently approved the assignment of the current Franchise Agreement to Pacific Waste Services (Pacific) and the remainder of the final five- year extension of the agreement. The service agreement for the extension with Pacific included a nwnber of service and program improvements that were designed to improve customer satisfaction, keep City streets cleaner and assist with State mandated solid waste management goals, The objectives of that Agreement were to develop: · a range of service choices that provide residents and businesses with the options they need to control or reduce their monthly rates and meet State mandated diversion goals, · a format for communication designed to eliminate ambiguity, · a financial incentive for Pacific to provide a higher quality of service at a reasonable cost, · a list of measurable standards, and an enforcement mechanism that requires Pacific to improve the quality of service and maintain that level over the remaining term of the agreement. ~~I - -------. The following discussion summarizes the tenns and conditions for a proposed agreement between the City and Pacific Waste Services for a renewal of the current agreement. DISCUSSION: Providing Council with a proposal from the current service provider at this time was important for two reasons: I) The current franchise expires on September 4, 2002, Staff would need eighteen to twenty-four months to prepare a request for proposals and provide a successful respondent with adequate time to implement a new service program. 2) Staff believes that current market conditions have made it possible to develop a unique package of benefits for ratepayers and City operations that have not been available in the past and are not likely to be available through a different service provider in the future, The proposal intentionally addresses as many as possible of the solid waste service suggestions made by local residents, businesses, the Resource Conservation Commission, the Growth Management Oversight Committee and CounciL The primary objectives of the proposal are to: · Stabilize rates and assure that they remain competitive · Provide the level of collection, processing, marketing and disposal services that will keep up with the City's growth · Provide the variety and quality of services that encourage residents and businesses to meet State environmental mandates · Make recycling participation as convenient and easy as possible · Provide a variety and level of service options that allow ratepayers to control their costs · Reduce or eliminate the illegal disposal and litter problems in the City, and · Maximize the limited resources of the library, recreation, parks, street maintenance, street tree, and other general funded programs by reducing their solid waste management costs To meet those objectives, staff has proposed adjustments to the current tenns of the agreement and additional benefits to the key components of the existing agreement. Those changes are: Scope of Proposal 1. Term. The initial tenn of the Franchise adds five years to the remaining three-year tenn for a total of eight years, and shall commence on July I, 1999 and shall expire on June 30, 2007. The initial tenn may be extended by either party on the same tenns and conditions for an additional tenn of eight years provided that the City Manager reasonably detennines that Pacific (a) has satisfactorily perfonned under the Franchise, (b) is then in full compliance with all Franchise tenns, and (c) has the ability to satisfactorily perfonn its Franchise obligations throughout the 8 year extension. The City may, at its sole discretion, extend the agreement for one additional eight year tenn, and a final five year tenn. 2. Franchise Fees. a, Percentage of Gross Receipts. g'-Â In consideration of City's grant of the Franchise, Pacific shall continue to pay to the City during the first year of the Franchise a franchise fee in an amount equal to eight percent (8%) of Pacific's "gross receipts," Commencing on July I, 2000, and thereafter, the franchise fee shall be increased by two percent (2%) to a total of ten percent (10%) of Pacific's gross receipts, at no cost to ratepayers, b, Additional Fixed Annual Payments. As additional consideration for the grant of the Franchise, in addition to the above-described ITanchise fee increase, Pacific shall make a payment of$618,000 to the City in the first fiscal year of the agreement. That payment shall increase annually by three per cent (3%) per year and continue through the term and any extensions of the agreement. 3. Free Disposal. Pacific shall provide the City with annual ITee disposal for City crews and/or subcontractors on City business for up to 5% of the City's "all generators" total disposal tonnage for the previous calendar year, Any Green Waste delivered to Organic Recycling West (the City's compost and processing contractor) by City crews or subcontractors on City business shall be applied to and fall under the 5% per year limit. This benefit is actually being reduced ITom 10% to 5% to more accurately reflect actual City use, 4. Free Service to City Facilities. Pacific agrees to provide the City with ITee solid waste, yard waste and recycling services at all current and future City facilities during the term of the agreement. 5. Operational Issues. The major adjustments to operational terms and conditions in the current agreement are: · Pacific shall start residential service at 7 a,m, instead of 6 a,m, · Pacific will upon replacement convert all supervisor vehicles and on-site power sources to a clean fuel source · Pacific will subscribe to a California Green E source of electricity · Pacific will develop and implement a pilot program to replace collection vehicles with vehicles using a clean fuel source · Pacific will produce and distribute its billing and other correspondence on post-consumer content recycled paper · Pacific will complete the color coding of residential and commercial solid waste recycling and green waste bins by January 1,2000 · Pacific will continue to provide each Chula Vista Small Generator Customer with up to two (2) ITee landfill and (2) two ITee green waste passes per calendar year · Pacific will complete the expansion offree mixed paper service to all multifamily dwellings · Pacific will continue to provide ITee rigid container service to all Chula Vista hospitality businesses upon request · Pacific will reduce the monthly per unit recycling rate for multi-family dwellings of 9 units and less ITom approximately $1.50 per month to $0,74 per month -1-3 -- . Pacific's annual share of revenue from recycling profits will increase when the State finds that the City has met or exceeded State mandated recycling goals for the previous calendar year . Pacific and City staff will develop an "Automated Variable Rate" program for Council review as outlined in Section 6,d of this document that will reduce the monthly rate.for approximately 75% of the City's residential and small business customers, provide each customer with a sturdy cart with wheels and lid that will help reduce litter, scavenging and injury to collection personneL 6. Rates. a. In General. Pacific's current maximum allowable rates for Small Generators, Large Generators and Industrial/Roll-Off ("General Service Rates") shall automatically increase each year throughout the term of the Franchise as follows: July 1, 1999 - July I, 2002 50% of Annual CPI July 1,2003 - Term and any extensions thereof 66,6% of Annual CPI Additionally, effective the first billing cycle following Council approval, the Large Generator Rate (commercial) rate for a three-yard bin collected once per week shall be reduced from approximately $77 per month to $73,50, That reduction places the Chula Vista commercial rate for approximately 45% of Chula Vista businesses, the majority of small businesses, at $2.50 below the County average rate for the same service leveL The residential rates for single family homes, dwellings of four units or less and small businesses with curbside/manual collection, shall at no time exceed 90% of the average rate for similar ratepayers in San Diego County, b, Market Adjustments, Beginning July 1,2007, and at each 4 year interval thereafter throughout the Franchise term, Pacific shall be eligible for and will receive a "market adjustment" to its then applicable maximum General Service Rates, commercial mixed paper rates, and commercial green waste rates, The maximum market adjustment(s) shall be up to 90% of the corresponding San Diego County average rate(s) published by SANDAG. Beginning July 1,2015 the maximum upward adjustment applicable to all Large Generator Service Rates (commercial rates) excluding 3-yard bin or smaller/once per week service shall be increased to 95% of the corresponding San Diego County average, The Current prices, limits to CPI increases and market adjustment approach assure that Chula Vista residential rates will continue to be 10% less than the average rate for the same service in the County, The rate reduction, CPI limit and market adjustment for the small business rate, (3 yard bin of waste collected once per week) will also continue to be lower than the County average. c, Most Favored Nation Clause. If anytime during the term of this agreement Pacific or its affiliates provide a franchise rate which is lower than the ChuIa Vista rate to the ratepayers in San Diego County or a city within the County, the ChuIa Vista rate payers shall immediately receive the lower rate, d. Variable Rate Structure for ResidentiallSmall Generators. ~~' -- The City and Pacific Waste Services will develop a mutually agreeable rate structure for Small Generator solid waste customers based on volumes of waste generated ("Variable Rate Structure"), The Variable Rate Structure shall, to the extent possible (I) establish new rates that do not increase revenues above the then established corresponding revenue rate base, (2) give Pacific the benefit of operational efficiencies, and (3) give the City the benefit of avoided disposaL Pacific and City staff will develop and present such a Variable Rate structure by no later than May 1, 200 I, and sooner if possible, The final decision to implement a Variable Rate Structure shall be at Council's sole discretion, 7. Legal Provisions. a, Uncontrollable Circumstance. The Franchise shall include language that excuses temporary non-performance in the event of an "Uncontrollable Circumstance" (to be defined therein) provided that best efforts are exercised to minimize the duration of such non-performance and to resume full Franchise compliance as quickly as possible. b. Liquidated Damages. The liquidated damages Enforcement Summary is designed to give Pacific a financial incentive to provide the Chula Vista residents and businesses with the highest possible level of reliable service, The individual and cumulative financial impacts for each occurrence have been reduced, however staff believes the current fines are sufficient to encourage quality performance, and the connection to termination for cause remains, c, Mediation, This section provides both parties with an opportunity to mediate all disputes (excluding the imposition of liquidated damages) prior to commencing legal action, d. Environmental Indemnity Landfill and illegal disposal site costs have become an increasing liability to cities and their generators. This section provides the City and its taxpayers with a significantly greater level of protection from that liability than has been provided in the past Pacific (and its Affiliates) shall indemnify, defend and hold harmless the City from and against any and all claims, losses, damages, liabilities and costs arising from the past, present or future existence or disposal of Municipal Solid Waste and the hazardous materials it may contain at disposal sites to which Pacific or its Affiliates have taken City Solid Waste, That coverage shall survive the terms of this agreement and run with the extended life and maintenance of the affected landfills. 8. Site Manager. , This section of the agreement is designed to assure that the City and the Chula Vista ratepayers continue to benefit from a consistently high quality of management regardless of the mergers and acquisitions that continue to take place in the solid waste industry, The City shall have prior reasonable approval with respect to the appointment, transfer (except for promotion) or termination g-S (except for cause) of the general market manager for San Diego County and the local operations manager responsible for the oversight and implementation of the Franchise, 9. No Parking Signs. City staff will submit for City Council consideration, a program for the posting of signs prohibiting parking on streets during trash collection days in new major development areas within the City. City staff, including but not limited to Recycling Rangers, shall support adherence to the program with public education and enforcement measures to be developed and implemented at the City's sole discretion, 10. Other Provisions. The Franchise shall contain such additional mutually agreed upon provisions that are consistent with the above terms and the current levels of performance and standards required in the current agreement. It may also contain a landfill agreement that addresses local impacts, and may be adopted concurrently with the Franchise Agreement. FISCAL IMPACT: There will be no impact to the General Fund or Chula Vista ratepayers as a result of Council's approval of the Resolution to set a public hearing for June 22, 1999, If after having reviewed and considered the full proposal, Council elects to approve staff s recommendation on June 22, 1999 it will have the following financial impacts: The rates for the average small business in Chula Vista will be reduced ITom approximately $77,00 to $73.50 per month, Residential and other small generator rates will be limited to an annual CPI increase of 66,6% and shall at no time be greater than 90% of the San Diego County average for similar rates, The City General fund will save an estimated $75,000 per year in disposal and recycling costs and will receive an estimated $825,000 in additional revenue in the next fiscal year, H:sharedlattomey/al-13-hearing ~-¡, -. --------.-.....- RESOLUTION NO, 19480 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING A RESOLUTION OF INTENTION TO CONSIDER GRANTING A WASTE MANAGEMENT FRANCHISE RENEWAL TO PACIFIC WASTE SERVICES UNTIL THE YEAR 2007 WITH AN OPTION TO EXTEND UNTIL THE YEAR 2015 SUBJECT TO SATISFACTORY PERFORMANCE (WITH POTENTIAL ADDITIONAL EXTENS IONS AT CITY'S OPTION UNTIL THE YEAR 2031) AND SETTING A PUBLIC HEARING TO CONSIDER SAME FOR JUNE 22, 1999 WHEREAS, on August 11, 1998, the City granted a renewal Solid Waste Disposal and Recycling Franchise ("Franchise" ) to Allied Waste Systems, dba Pacific Waste Services ("Pacific") ; and WHEREAS, City staff and Pacific have negotiated the terms and conditions for a Franchise extension; and WHEREAS, the following represents a summary of the terms and conditions for the proposed Franchise extension with Pacific: 1. Term. The initial term of the Franchise shall commence on July 1, 1999 and shall expire on June 30, 2007, The initial term may be extended by either party on the same terms and conditions until June 3 0 , 2015 provided that the City Manager reasonably determines that Pacific (a) has satisfactorily performed under the Franchise, (b) is then in full compliance with all Franchise terms, and (c) has the ability to satisfactorily perform its Franchise obligations throughout the 8 year extension. The City, in its sole discretion, shall have two additional options to extend the Franchise on the same terms and conditions. The first option shall extend the term until June 30, 2023, The second option shall extend the term for an additional 8 years; provided, however, Pacific shall have the right to terminate the franchise earlier if and when the Otay Landfill reaches its capacity. Pacific may not exercise its early termination right prior to June 30, 2028, 2. Franchise Fees. a. Percentage of Gross Receipts. In consideration of city's grant of the Franchise, Pacific shall pay to the City during the first year of the Franchise a franchise fee in an amount equal to eight percent (8%) of Pacific's "gross receipts" , Commencing on July 1, 2000, and thereafter, the 1 8"-- 7 ----...-------- --.--.. franchise fee shall be increased to ten percent (10%) of Pacific's gross receipts, b, Additional Fixed Annual Payments. As additional consideration for the grant of the Franchise, in addit ion to the above-described franchise fee increase, Pacific shall make a payment of $618,000 to the City in the first fiscal year of the agreement, That payment shall increase annually by three per cent (3%) per year and continue through the term and any extensions of the agreement, 3. Free Disposal. Pacific shall provide the City with annual free disposal for City crews and/or subcontractors on city business for up to 5% of the City's "all generators" total disposal tonnage for the previous calendar year, Any Green Waste delivered to ORW by City crews or subcontractors shall be applied to and fall under the 5% per year limit, To the extent the City exceeds its annual 5% allowance it will pay the Chula Vista disposal rate with respect to the excess, The rate is currently $30 per ton, but shall be adjusted in accordance with the terms of the agreed upon rate schedules. Compost fees for excess Green Waste shall be set under contract with ORW or its successor, 4. Free Service to City Facilities. Pacific agrees to provide the City with free solid waste, yard waste and recycling services at all City facilities during the term of the agreement, The city shall pay for Roll-off service (or similar such temporary services) requested by the City, The disposal tonnage for Roll-off and other such temporary services requested by the City shall accrue against the City annual 5% disposal allowance. s. Operational Issues. The major adjustments to operational terms and conditions in the current agreement are: · Pacific shall start residential service at 7 a.m. instead of 6 a,m. · Pacific will upon replacement convert all supervisor vehicles and on-site power sources to a clean fuel source · Pacific will subscribe to a California Green E source of electricity · Pacific will develop and implement a pilot program to replace collection vehicles with vehicles using a clean fuel source · Pacific will produce and distribute its billing and other correspondence on post-consumer content recycled paper 2 ~~ - · Pacific will complete the color coding of residential and commercial solid waste recycling and green waste bins by January 1, 2000 · Pacific will continue to provide each Chula vista Small Generator Customer with up to two (2) free landfill and (2 ) two free green waste passes per calendar year · Pacific will complete the expansion of free mixed paper service to all multifamily dwellings · Pacific will continue to provide free rigid container service to all Chula vista hospitality businesses upon request · Pacific will reduce the monthly per unit recycling rate for multi-family dwellings of 9 units and less from approximately $1.50 per month to $0.74 per month · Pacific's annual share of revenue from recycling profits will increase when the State finds that the city has met or exceeded State mandated recycling goals for the previous calendar year · Pacific and City staff will develop an "Automated Variable Rate" program for Council review as outlined in section 6,d of this document that will reduce the monthly rate for approximately 75% of the city's residential and small business customers, provide each customer with a sturdy cart with wheels and lid that will help reduce litter, scavenging and injury to collection personnel, 6. Rates. a, In General. Pacific's maximum allowable rates for Small Generators, Large Generators and Industrial/Roll-Off ("General Service Rates") shall automatically increase each year throughout the term of the Franchise as follows: July 1, 1999 - July 1, 2002 50% of Annual CPI July 1, 2003 - Term and any extensions thereof 66,6% of Annual CPI CPI means the San Diego Area Consumer Price Index for All Urban Consumers (all items), published by the united States Department of Labor, Bureau of Labor Statistics, for the latest twelve-month period for which statistics are available. Notwithstanding the foregoing, at no time shall the Small Generator Rates exceed 90% of the County average rate for such generators as published by SANDAG, b, Market Adjustments, Beginning July 1, 2007, and at each 4 year interval thereafter throughout the Franchise term, Pacific shall be eligible for a "market adjustment" to its then applicable maximum General 3 0"9 service Rates, commercial mixed paper rates, and commercial green waste rates, The maximum market adjustment(s) shall be up to 90% of the corresponding San Diego County average rate(s) published by SANDAG, Beginning July 1, 2015 the maximum upward adjustment applicable to all Large Generator Service Rates (excluding 3-yard bin or smaller/once per week service) shall be increased to 95% of the corresponding San Diego Count average rate published by SANDAG, Note: these market adjustment provisions in this Section 6.b are intended to allow Pacific to make upward adjustments in rates. In no event shall these market adjustment provisions require Pacific to reduce their maximum rates for any service level. (no downward adjustment) (less subsidies and levelized for local fees) c. Miscellaneous Equipment and Services Rates. Miscellaneous equipment rental and service rates governed by the Franchise shall remain fixed until June 30, 2006; provided, however, if the City has been notified by the State that it has achieved the then in effect mandated diversion goal for any calendar year prior to July 1, 2006, Pacific shall receive an increase in miscellaneous service rates for that year equal to .666% of annual CPI effective as of the following July 1, Commencing July 1, 2006, maximum miscellaneous service and equipment rates shall automatically increase at the rate of .666% of annual CPI, Miscellaneous equipment and service rates shall include all rates other than General Service Rates, storage container rates and lovo-Iock rates, d, Most Favored Nation, The most favored nation provision of the existing Franchise shall remain in substantial effect except that the exclusion of Imperial Beach from the relevant marketplace shall be deleted, e, Variable Rate Structure, The City agrees to work with Pacific Waste services to develop a mutually agreeable rate structure for Small Generator solid waste customers based on volumes of waste generated and automated service ("Variable Rate Structure"), The Variable Rate Structure shall, to the extent possible (1) establish new rates that do not increase revenues above the then established corresponding revenue rate base, (2) give Pacific the benefit of operational efficiencies, and (3 ) give city the benefit of avoided disposal. city agrees to meet and confer with Pacific to develop performance milestones that could result in Pacific sharing in the benefits of avoided disposal. The parties agree to exercise their best efforts to develop and present the City Council such a Variable Rate structure by no later than May 1, 2001, and sooner if possible, The final decision to implement a Variable Rate Structure shall be at Council's sole discretion, 4 t!,/tJ - 7. Legal Provisions. a, Uncontrollable Circumstance. The Franchise shall include language that excuses temporary non- performance in the event of an "Uncontrollable Circumstance" (to be defined therein) provided that best efforts are exercised to minimize the duration of such non-performance and to resume full Franchise compliance as quickly as possible. b, Liquidated Damages. The liquidated damages Enforcement Summary is designed to give Pacific a financial incentive to provide the Chula vista residents and businesses with the highest possible level of reliable service, The individual and cumulative financial impacts for each occurrence have been reduced, however staff believes the current fines are sufficient to encourage quality performance, and the connection to termination for cause remains, c, Mediation. This section provides both parties with an opportunity to mediate all disputes (excluding the imposition of liquidated damages) prior to commencing legal action, d. Environmental Indemnity Landfill and illegal disposal site costs have become an increasing liability to city's and their generators. This section provides the City and its taxpayers with a significantly greater level of protection from that liability than has been provided in the past, Pacific (and its Affiliates) shall indemnify, defend and hold harmless the City from and against any and all claims, losses, damages, liabilities and costs arising from the past, present or future existence or disposal of Municipal Solid Waste and the hazardous materials it may contain at disposal sites to which Pacific or its Affiliates have taken City Solid Waste, That coverage shall survive the terms of this agreement and run with the extended life and maintenance of the effected landfills. 8. site Manager. This section of the agreement is designed to assure that the City ·and the Chula vista ratepayers continue to benefit from a consistently high quality of management regardless of the mergers and acquisitions that continue to take place in the solid waste industry. The City shall have prior reasonable approval with respect to the appointment, transfer (except for promotion) or termination (except for cause) of the general market manager for 5 ?"...)/ .- San Diego County and the local operations manager responsible for the oversight and implementation of the Franchise, 9. No Parking Signs. City staff will submit for City Council consideration, and staff shall support, a program for the posting of signs prohibiting parking on streets during trash collection days in new major development areas within the city, city staff, including but not limited to Recycling Rangers, shall support adherence to the program with public education and enforcement measures to be developed and implemented in the City's sole discretion. 10. Other Provisions. The Franchise shall contain such additional mutually agreed upon provisions that are consistent with the terms hereof. WHEREAS, in accordance with Section 1201 of the City Charter, the City Council shall adopted a resolution declaring its intention to grant a franchise and shall schedule a public hearing for the consideration of such grant, NOW, THEREFORE, BE IT RESOLVED the city Council of the City of Chula vista does hereby set a public hearing for 6:00 p,m, on June 22, 1999 in the Council Chambers, 276 Fourth Avenue, Chula vista, Ca. at which the City Council intends to consider granting to Pacific Waste Systems a Waste Management Franchise Renewal on the terms and conditions set forth above. BE IT FURTHER RESOLVED that the City Clerk is hereby authorized and directed to publish, at least once within fifteen days after the passage of this resolution, and at least ten days prior to the date of the hearing, appropriate notice of such hearing. Presented by Approved as to form by {)~~'\~~ Michael Meacham, Conservation John M. Kaheny, city Attorney Coordinator H:\home\attorney\reso\trash.int 6 g-,. / ).. - ., H~ ~N-e7-'9'9 MON l2:~3 PM DEBRI$.ÐOx 284'9':268 p~el "'" (Attachment A~ / DEB~ I- -'S~ BO ;:P~ (619) 284-9245 FAX 284-9268 10181 San DlegD MINion Rd.. See. 115, San D"vo, CA 92108 JlIDe 7, 1999 Mayor SJ¡jrley Horton City of Chula Vista Third Avenue Chu]a Vista, CA 91910 Re: June 8, 1999, Agenda Item #8 Solid Waste Franchise Agreement Extension Dear Mayor Horton: , I am a resident of Chula Vista and our Company currently provid~ roll-off trash box service to the construction and demolition industry. I have the following questions and comments regarding the June 8, 1999, Agenda Item #8. My undexstanding is that tlus item authorizes a resolution for City Staff to present a negotiated extended exclusive Franchise Agreement with the incumbent hauler. Pacific Waste S~ices. Whv Dot bid this contract? I. At the August 4, 1998, City Council meeting, the expressed intent of the City Council was to bid the Trash Hauling contract when the current contract expires in 2002. Why has there been a change of heart? 2. The City ofImperial Beach bas elected to place tbeir solid waste contract up for bid. The results are expected to be announced the week of Jlme 14, 1999. Why not wait until the results of this bid process are available to see if there are more favorable market conditions? These IesuJts are expected in less than two weeks. 3. In the City of Ese on dido, there is an initiative process and special election under way to. require competitive bidding cn the solid waste contract. Vihy not wait and see the results of the special election and bid process in Escontbdo? There is no rush here in Chula Vista - the current contract does not expire for more than two years. 4. What is the City policy regarding bidding on contracts? Is there a dollar amount above which corttracrs should be bid? Is the Trash lIauJing contract in excess of the amount 1he City Policy would normally require tc be bid? 5 Wbat is the amount of the Tras:b Hauting CODtract? V,'hat is the estin13te after buiIdout of all the new housing, commercial and industrial projects? What is the eSUmate after CPI adjustments? 6. Is the City aware that there are three competitors a]ready in San Diego County that can handle contracts of this size? 7. Is the City aware that there are other prominent National and State-wide hatJJers not yet in San Diego County that would love the oPPor!lIDity to have a prestigious account in San Diego County such as Chula Vista? -----. - 8. Thc Staff rcport refcrs to "current market conditions~, which make it convenient to negotiate now. These market conditions are not elaborated. What are they? Franchi~e Fet ~ton~" J Why not return the franchise fec money directly to the ratepayers ofChula V~ta? The ratepayers ofChula Vista are paying a11 oftlus money. 111e mcreasedfrenchlSe fees are coming out of ratepayers' pockets. If the franchISe fees WCTC not so high, the rates should be lower. 2. [ do not understand the comment that the increase uom 8 to 10% in the ftanchise fee will be "at no cost to ratepayers~ in Chula Vista. Isn't the franchise fee based on gross receipts? 3. What is the amount of fTanchise fees actually cor¡¡inp out of;€1;¡ull} Vista ratepayer pockets currently? 4. What percent ofthe General Fnnd Budget do these fees represent? Nonexclusive Provi!lions of the Cßntract 1. In August 1998, the City received testimony from haulers and contractors that it is not in the best interests of Chula Vista property ov.'Ilers and contractors to ~ve a s01e source for roll-off \rash box services, This concem has not been addressed in the Staff repon. City Staff has obviously already done a lot of negotiating work with the incumbent hauler, . Were thcse uegotiati0l\s donI< at City Council direction? I would appreciate a pÌompt reply. '1 am sure that there are concise and non-ambiguous answers to the questions that I have posed, These matters ate of great significancc to the Citizens and ratepayers ofChula Vista based on the size of the contract and the amount of money being transferred out of ratepayers' pockets into the pockets ofthe ftanchisod hauler and the City coffers. As always, I am available to meet with you or City Staff to discuss any of these issues. bJ~ Cc: Mr, John Kahcny, Chula Vista City Attorney D~ve Rowlands, Chula Vista City Manager Mic1lael Meacham, Chula Vista, Conservation Coordinator Kris Murphy, Open Competition Advocate Scott Barnett, San Diego County Taxpayers AssocIation - . . COUNCIL AGENDA STATEMENT ITEM 7 MEETING DATE June 8.1999 ITEM TITLE: RESOLUTION /9'18") Amending the Employer-Employee Relations Policy to Include the Compensation Policy as Appendix A SUBMITTED BV, DIRECTOR OF HUMAN RE~E'µ"" REVIEWED BY: CITY MANAGE~~ (4/5th Vote: Yes_ No X ) The Council recently approved a contract with ohn ~nnon Associates to conduct a citywide classification/compensation for all non-safety positions. One of the first steps in the conduct of that study was the development of a policy confirming the City's compensation policy and the selection of an appropriate labor market. RECOMMENDATION: Adopt Resolution amending the EmployerlEmployee Relations (EER) Policy to include the Compensation Policy as Appendix A. BOARDICOMMISSION RECOMMENDATION: N/A DISCUSSION: The proposed compensation policy (Appendix A) formalizes the Council philosophy and approach to compensation, which is to establish and maintain a compensation structure based on market place norms, internal alignment and equity among various groups of employees. Structures and ranges will be reviewed and updated as necessary based on an evaluation of the City's ability to pay, market place survey data, internal relationships, and equity among various groups of employees. The policy reflects discussions with the Council, Executive Management staff and the labor representatives to the Classification Study Committee. It is designed to support achievement of the Councils' strategic objectives for the community, encourage harmonious labor relations, and meet the needs of a majority of the workforce. The EER Policy provides for a compensation program that will be implemented in accordance with the following guidelines. The Compensation Policy addresses the following essential issues: · The City's compensation philosophy · Labor market selection · Preferred competitive position in the labor market · Relative importance of labor market survey data and internal relationships in establishing salary ranges · Appropriate mix of base salary, total cash and benefits · The City's commitment to the integrity of the collective bargaining process and the sharing of compensation survey information. All negotiating groups except Fire and Police have been met and consulted with regarding the compensation policy. 9~/ Page 2. Item Meeting Date: June 8.1999 FISCAL IMPACT: There is no fiscal impact associated with this policy. The program will ensure that it will not jeopardize the financial condition of the City. The City's practice is to compensate employees in accordance with the City's financial condition, In determining the City's financial condition, the City will consider competing service priorities, reserves and revenue growth. Attachment A - Compensation Policy 9,;2. ,"-- ----...-.- RESOLUTION NO. /1Jf3"1 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING THE EMPLOYER-EMPLOYEE RELATIONS POLICY TO INCLUDE THE COMPENSATION POLICY AS APPENDIX A WHEREAS, the Council recently approved a contract with John Shannon Associates to conduct a citywide classification/ compensation study for all non-safety positions; and WHEREAS, one of the first steps in the conduct of that study was the development of a policy confirming the City's compensation policy and the selection of an appropriate labor market; and WHEREAS, the proposed compensation policy formalizes the Council philosophy and approach to compensation which is to establish and maintain a compensation structure based on market place norms, internal alignment, and equity among various groups of employees; and WHEREAS, structures and ranges will be reviewed and updated as necessary based on an evaluation of the City's ability to pay, market place survey data, internal relationships, and equity among various groups of employees; and WHEREAS, the policy reflects discussions with the Council, Executive Management staff and the labor representatives to the Classification Study Committee; and WHEREAS, said policy is designed to support achievement of the Council's strategic objectives for the community, encourage harmonious labor relations, and meet the needs of a majority of the workforce; and WHEREAS, all negotiating groups except Fire and Police have been met with and consulted with regarding the proposed policy. NOW, THEREFORE, BE IT RESOLVED the City Council of the City of Chula Vista does hereby amend the Employer-Employee Relations Policy to include the attached Compensation Policy as Appendix A. Presented by Approved as to form by Candy Emerson, Director of Human Resources H:\home\attorney\reso\eepolicy.amd f,J - ..- ,-...~.__.. APPENDIX A COMPENSATION POLICY 9-1' INTRODUCTION The City's compensation program is designed to support the achievement of the City Council strategic objectives for the community, enhance harmonious labor relations and meet the needs of a majority of the workforce. It should foster a team concept within the organization, recognizing the importance of a satisfied, productive, and cohesive workforce, All Associations and unrepresented groups have had an opportunity to discuss the compensation policy, Employees represented by the POA and IAFF were not included in these discussions since compensation goals are included in their current MOU's, In implementing this program, the following guidelines will be considered based upon the financial capacity of the City, COMPENSATION PHILOSOPHY The City's compensation philosophy is to establish and maintain a compensation structure based on market place norms, internal alignment and equity among various groups of employees, Structures and ranges will be reviewed and updated as necessary based on an evaluation of the City's ability to pay, market place survey data, internal relationships, and equity among various groups of employees. IMPLEMENTATION The City's compensation program will be implemented in accordance with the following guidelines: 1. FISCALLY PRUDENT The City's compensation program shall ensure that it will not jeopardize the financial condition of the City, The City's practice is to compensate employees in accordance with the City's financial condition, In determining the City's financial condition, the City will consider competing service priorities, reserves and revenue growth. 2. ATTRACT AND RETAIN QUALITY EMPLOYEES The City's compensation program should ensure that the City has the ability to attract and retain the quality of person the City needs to implement the City Council's policy objectives and priorities, 3, LABOR MARKET The City's practice is to survey government labor markets that include: A. Local labor market comprised of San Diego County, the 18 cities within the County and, when appropriate, special purpose agencies and private sector employers that provide municipal services. 9-Ç" B. Regional market of Orange County, Riverside County, and San Bernardino County cities that are similar to Chula Visa in growth, population, service structure, and complexity. C. Statewide market of cities that are similar to Chula Vista in population growth, service structure, and complexity, 4, COMPETITIVE POSITION If fiscally prudent it is the City's objective to compensate employees at rates above the middle of the labor market as measured by the median, A. For Chula Vista Employee's Association unit, the primary market will include the local labor market. B. For Western Council of Engineers, Mid-Managers, and Senior-Managers, and other selected professional positions the market will include both the local labor market and the regional market. C. For Executives, the market will include the local, regional, and the statewide market. D, In addition to the labor market survey data referenced above, in order to address unique compensation concerns, the City and/or recognized employee representatives may, at their discretion, collect and present supplemental market survey data in the context of the meet and confer process. 5. MEASUREMENT OF COMPETITIVE POSITION Competitive position will be calculated utilizing total cash compensation which includes base salary plus cash add-ons to base salary including PERS pick-up, incentive pay, optional benefit, employer paid deferred compensation, etc, In addition, the City will also consider health and retirement benefits, leave benefits, and reimbursement policies, 6. INTERNAL ALIGNMENT Consideration will be given to both labor market survey data and internal relationships in establishing salary ranges, When establishing internal relationships, priority will be given to: A, Appropriate differential between superior and subordinate classes B, Appropriate differentials among classes III the same class sefles (i ,e, technical/professional) 1-~ C. Relationships among related class series (e,g" planning, inspection services, and engineering) D, Relationships across unrelated class series, 7, MIX OF BASE SALARY, TOTAL CASH AND BENEFITS The City's practice is to provide a mix of base salary, total cash and benefits that is generally competitive with the labor market. When evaluating benefits, the City will consider both the cost and the content of the benefits, 8, PAY ADMINISTRATION Individual compensation adjustments within the salary range will be made in accordance with the appropriate memorandum of understanding and/or salary resolution and personnel policies, 9, COLLECTIVE BARGAINING The City's practice is to honor the integrity of the collective bargaining process through good faith negotiations, It is understood that these negotiations will t¥e place exclusively through the recognized representatives of the City and the representatives ofthe appropriate bargaining unit. 10. SHARING OF COMPENSATION SURVEY INFORMATION Consistent with the City's commitment to an open and collaborative relationship with employees, the compensation survey data collected pursuant to this program will be shared with unrepresented employees, or the appropriate recognized employee representatives, 7--? COUNCIL AGENDA STATEMENT Item III Meeting Date 06/08/99 ITEM TITLE: Resolution /9rc:f'hej~cting as non-responsive the apparent low bidder, Carde Pacific Corporation, and awarding Purchasing Agreement to the lowest responsive bidder Hawthorne Machinery Company for the purchase of a wheeled excavator SUBMITTED BY: Director of Public Work~: Director of Finance f \ REVIEWED BY: On May 9,1999, an advertisement was placed in The Star News solic~ing bids for the proposed City purchase of a wheeled excavator. In addition, 8 prospective bidders from the Purchasing Agent's bid list, including one local vendor, were contacted directly. On May 20, 1999, the bids for the wheeled excavator were opened. Three bidders responded, but none of these were local. The lowest acceptable and responsive bidder was Hawthorne Machinery Company w~h a net total price of $187,478.54 RECOMMENDATION: That Council award Purchasing Agreement to Hawthorne Machinery Company for the purchase of a wheeled excavator. BOARDICOMMISSION RECOMMENDATION: Not Applicable DISCUSSION: The stick force is the effort available at the lower section of the excavator boom as it is drawn toward the machine. This effort is specified at 15,500 pounds, The unit bid by Carde Pacific can attain 12,100 pounds effort, while the excavator from Hawthorne Machinery can reach 18,675 pounds and the excavator from Clairemont Equipment 17,935 pounds. Carde Pacific will attain 15,596 pounds effort but only with a $9,800 optional boom, The bid from Carde Pacific was rejected as nonresponsive by the Fleet Manager because the reduced stick force negatively affects the production abilities of the excavator. This makes Hawthorne Machinery Company the lowest responsive bidder. FISCAL IMPACT: Sufficient funds ($200,000) are provided in the FY1998-99 Equipment Maintenance budget. The total amount including sales tax is $187,478.54, which is $12,521 less than budgeted. Bidder Unit Cost Terms With Tax & Terms Carde Pacific Corp. $174,040.00 1%,15 davs $185,652.82 Hawthorne $173,994,00 Net $187,478.54 Machinerv Co. Clairemont $178,088.48 Net $191,890,34 Equipment Co. / ð .,/ - RESOLUTION NO. /9'1r;. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA REJECTING AS NONRESPONSIVE THE APPARENT LOWEST BIDDER AND AWARDING PURCHASING AGREEMENT TO THE LOWEST RESPONSIVE BIDDER HAWTHORNE MACHINERY COMPANY FOR THE PURCHASE OF A WHEELED EXCAVATOR WHEREAS, on May 20, 1999, the following three bids were received for the purchase of a wheeled excavator: BIDDER UNIT COST TERMS WITH TAX &0 TERMS Carde Pacific Corp. $174,040,00 1%1 15 days $185,652,82 Hawthorne Machinery Co. $173,994.00 Net $187,478,54 Clairemont Equipment Co. $178,088.48 Net $191,890.34 WHEREAS, the bid from Carde Pacific Corporation was rejected as nonresponsive by the Fleet Manager because the reduced stick force negatively affects the production abilities of the excavator; and WHEREAS, the lowest acceptable and responsive bidder was Hawthorne Machinery Company with a net total price of $187,478,54. NOW, THEREFORE, BE IT RESOLVED the City Council of the City of Chula vista does hereby reject as nonresponsive the apparent lowest bidder and awards the Purchasing Agreement to the lowest responsive bidder, Hawthorne Machinery Company, for the purchase of a wheeled excavator, in the amount of $187,478.54, Presented by Approved as to form by Lippitt ~ YVl.ßM-'~~ John p, John M. Kaheny Director of Public Works City Attorney H:\home\attorney\reso\excavatr / ð ' ;J..., - COUNCIL AGENDA STATEMENT Item II Meeting Date 6/08/99 ITEM TITLE: Resolution 19'1YJ Declaring Intention to Order Certain Changes and Modifications in Assessments Levied Within Assessment District No. 94-1 and Setting a Public Hearing Thereon and Ordering the Initiation of Assessment Ballot Procedures as to those Assessments Proposed to be Increased SUBMITTED BY: Director of Public Works REVIEWED BY: City Mana~j.....--? (4/5ths Vote: Yes_No.xJ The City previously formed Assessment Dis icts Nos, 90-3 and 94-1 to finance infrastructure benefiting the developing properties within the EastLake Trails project. The method of apportioning the original assessments reflected the land use entitlements then applicable to the properties within each respective assessment district. The EastLake Company has asked the City to approve certain changes and modifications in andlor reallocations of the existing assessments within these two assessment districts to correspond to the development reflected in the final map for the Trails South project and those other land use approvals for the EastLake Trails North and the EastLake Vistas approved by the City since the formation of the assessment districts. RECOMMENDATION: It is recommended that the Council: I), Adopt the Resolution declaring its intention to order certain changes and modifications to the assessments, and; 2), Set the time and place for the Public Hearing for 6:00 P,M, July 27, 1999 in the Council Chambers, Public Services Building, 3), Order the initiation of assessment ballot procedures applicable to any parcel for which it is proposed that the assessment will increase if the changes and modifications are implemented, BOARDS/COMMISSIONS RECOMMENDATION: Not applicable. DISCUSSION: When an assessment district encompassing undeveloped property is initially formed, an assessment is levied against the legal parcels existing at the time of the formation of the assessment district. These parcels are typically large parcels which will be subject to future subdivision, When such a parcel is subdivided it is necessary for the City to reapportion the original principal amount of the assessment levied against this large parcel among the parcels created as a resuIt of the subdivision, The applicable assessment district law provides that a reapportionment may normally be approved at a staff level. When the subdivision or development of such larger parcels /1-'/ - Page 2, ItemR Meeting Date 6/08/99 necessitates an actual change in assessments rather than the reapportionment of the existing assessments, the City Council must initiate proceedings to consider such a change and modification, If the change and modification does not result in the increase of an assessment on any parcel, the City Council may consider and approve such changes and modifications without the necessity for a public hearing or without going through the assessment ballot procedure mandated by Article XIIID of the Constitution (Proposition 218), However, when approval of a change and modification in assessment would resuIt in an increase in any assessment, such increase in assessment is subject to the requirements of Article XIIID which includes the requirement that the owner(s) of the property subject to a proposed increase in assessment be given the opportunity to submit assessment ballots in favor of or in opposition to such increase in assessment. In the current circumstances the final map for the EastLake Trails South project encompasses a small portion of the property from the Trails North (see Exhibits IA & IB). The property in Trails North is included in Assessment District No. 90-3 but is not included in Assessment District No. 94-1 and hence is not subject to assessment for Assessment District No. 94-1. The property within Trails South is included in both Assessment District No. 90-3 and Assessment District No, 94-1, The EastLake Company desires to have unifonn assessments within its specific developments. This practice of providing for uniform assessments within specific developments has also been adopted by the City. As a result, the EastLake Company has requested that the Cit y Council consider a change and modification in Assessment District No. 94-1 which would add to this assessment district that portion of the Trails North property within the final map for the Trail s South project. In addition to the changes and modifications requested for Assessment District No. 94-1, the City Council is also being asked to approve the reapportionment of the assessments within Assess ment District No, 90-3, These reapportionments are intended to bring the assessments into conformity with the land use approvals and dedication requirements for the properties within this assessment district. Although not required by applicable assessment district law, the approval of these reapportionments is being brought to the City Council for approval because they are integrally related to the proposed changes and modifications to Assessment District No, 94-1, The approval of the reapportionments are not subject to the procedural requirements of Article XIIID and will not be subject to the public hearing and assessment ballot procedures required for the changes and modifications for Assessment District No, 94-1. The EastLake Company has requested that changes and modifications be ordered for Assessment Districts No, 90-3 and 94-1 for the EastLake Trails project. The changes and modifications to this assessment district is necessary due to the existing assessment debt affecting the EastLake Trails NorthlSouth, and EastLake Vistas development, which are being developed in separate phases, The EastLake Trails South is currently being developed and is located within the existing boundaries of Assessment Districts No, 90-3 (see Exhibits 2A & 2B) and 94-1 (see Exhibits 3A & 3B), Therefore, the EastLake Company has requested that the existing assessment /1",1.., - Page 3, ltemlL Meeting Date 6/08/99 reapportionment be conducted to separate the assessments for EastLake Trails (South & North), and EastLake Vistas. The assessment district payments per residential unit belonging to the EastLake Trails South development would be determined, and assessment payments for residential units within the EastLake Trails North and EastLake Vistas development would be determined at the time final maps for these projects are brought forward, The developer, The EastLake Company, has requested that the reapportionment be conducted such that the assessment fees per residential unit can be determined for the current development of EastLake Trails South, The EastLake Trails project is not located within the boundaries of Assessment District #91- I . Staff has been working with Financial Counsel, Ms. Barbara Hale-Carter of "Special District Financing & Administration", and Legal Counsel, Mr. Warren B. Diven, Esq, of "Brown Diven Hessell & Brewer", as agents for the City, in order to review the proposed changes in the assessment districts. The following three tables summarize the changes which the Financial and Legal Counsels are recommending for the EastLake Trails and EastLake Vistas projects: TABLE 1: Existing Assessment District Debt Allocation. APN #'s Developments Original Original Current Current Assessors Affected Principal Principal Debt Debt Parcel Amount Amount Amount Amount Numbers 90-3 94-1 90-3 94-1 643-030-16 Trails South / North $532,147.00 $764,983.24 $454,329.75 $720,935.95 643-030-17 Trails South $220,932.00 $765,442.97 $188,624,53 $721,369.21 595-080-14 Trails North $176,118.00 $150,363.80 595-080-21 Trails South / North $66,611.00 $56,870.30 595-080-26 Trails South / North $334,314.00 $285,426.39 Subtotal $1,330,122.00 $1,530,426.21 $1,135,614.77 $1,442,305.16 643-040-05 Trails South / Vistas $2,054,389.06 $1,753,970.37 595-090-09 Trails South / Vistas $46,536,00 $39,730.92 Subtotal $2,100,925,06 $0.00 $1,793,701.29 $0.00 TOTAL $3,431,047.06 $1,530,426.21 $2,929,316.06 $1,442,305,16 //- J -~ Page 4, ItemlL Meeting Date 6/08/99 TABLE 2: Proposed Assessment District Debt Allocation for EastLake Trails Develop- APN #'s Original Original Current Current ments Assessors Principal Principal Debt Debt Affected Parcel Amount Amount Amount Amount Numbers 90-3 94-1 90-3 94-1 Trails South $732,060.00 $1,530,426.21 $625,008,95 $1,442,305,16 Portion of 643-030-16 643-030-17 Portion of 595-080-21 Portion of 595-080-26 Portion of 643-040-05 Portion of 595-090-09 Subtotal $732,060.00 $1,530,426.21 $625,008.95 $1,442,305.16 Trails North $598,062.00 $0,00 $510,605.82 $0,00 Portion of 643-030-16 Portion of 595-080-21 Portion of 595-060-26 595-080-14 Subtotal $598,062.00 $0.00 $510,605.82 $0.00 TOTAL $1,330,122.00 $1,530,426.21 $510,605.82 $1,442,305.16 TABLE 3: Proposed Assessment District Debt Allocation for EastLake Vistas APN #'s Developments Original Original Current Current Assessors Affected Principal Principal Debt Debt Parcel Amount Amount Amount Amount Numbers 90-3 94-1 90-3 94-1 The Vistas $2,100,925.06 $0.00 $1,793,701.29 $0.00 Portion of 643-040-05 Portion of 595-090-09 TOTAL $2,100,925.06 $0.00 $1,793,701.29 $0.00 IJ"'{ -- Page 5, ItemJL Meeting Date 6/08/99 The City Council has previously initiated proceedings and held public hearings pursuant to the terms and provisions of the "Municipal Improvement Act of 1913", being Division 12 of the Streets and Highways Code of the State of California (the "Improvement Act"), for assessment districts designated as Assessment Districts No. 90-3, 91-1 and 94-1 (Collectively, the "Assessment Districts"), There are no proposed changes to Assessment District No, 91-1 since EastLake Trails is not located within the boundary of Assessment District No. 91-1. When there is a transfer of debt from one parcel to another increasing assessment district obligations, the requirements for "Proposition 218, the Right To Vote On Taxes Act" is triggered, In compliance with Proposition 218 and State Law, there will be a Public Hearing scheduled for July 27, 1999, which is at least 45 days in advance of tonight's Council Meeting. At this time, staff is recommending to Council that certain changes and modifications are necessary, and that, pursuant to the provisions of Section 10353 of said Streets and Highways Code and Article XIIID of the Constitution of the Sate of California (" Article XIIID ") and Article XIIID of the Constitution of the State of California ("Article XIIID") and the Proposition 218 Omnibus Implementation Act, (Government Code Section 53750 and following) (the "Implementation Act") (the improvement Act, Article XIIID and the Implementation Act are referred to collectively as the as the "Assessment Law"), it is necessary that this legislative body adopt a Resolution briefly describing the proposed changes in certain assessments and giving notice of a time and place for a public hearing where persons may appear and show cause why said changes should not be ordered, FISCAL IMPACT: EastLake Development Company will pay all costs associated with the "Changes & Modifications" to Assessment Districts No. 90-3 and 94-1. The City will receive the benefit of full cost recovery for staff costs to be paid by EastLake and not by the Assessment Districts, The impact of the change and modifications is to separate the assessment debt affecting the Assessors Parcel Numbers for the proposed development. The EastLake Company has deposited funds with the City to cover all costs associated with these proceedings. Exhibits: Exhibits IA & lB - EastLake Trails North / South & EastLake Vistas Site Plans Exhibit 2A - Assessment District No, 90-3 (Description of Work) Exhibit 2B - Assessment District No. 90-3 (Assessment Diagram) Exhibit 3A - Assessment District No, 94-1 (Description of Work) Exhibit 3B - Assessment District No. 94-1 (Assessment Diagram) FILE: 0340-05-ADOOl ü725..{)5-ADOO3 0725-1O-AD 90-3 0725-lQ-AD 91-1 0725-10-AD 94-1 0600-80- ETOü I F 0600-80-ET004R Jun 03, 1999; 8:39am H :\HOME\ENGlNEER\AGENDA \ETRAILSR.FXR //"S- - RESOLUTION NO. 11'1'Yy RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA, CALIFORNIA, DECLARING ITS INTENTION TO ORDER CERTAIN CHANGES AND MODIFICATIONS IN ASSESSMENTS LEVIED WITHIN ASSESSMENT DISTRICT NO. 94-1, SETTING A PUBLIC HEARING THEREON AND ORDERING THE INITIATION OF ASSESSMENT BALLOT PROCEDURES AS TO THOSE ASSESSMENTS PROPOSED TO BE INCREASED WHEREAS, the CITY COUNCIL of the CITY OF CHULA VISTA, CALIFORNIA, has previously undertaken proceedings to form and did form, pursuant to the terms and provisions of the "Municipal Improvement Act of 1913", being Division 12 of the Streets and Highways Code of the State of California (the "Improvement Act"), Assessment District designated as ASSESSMENT DISTRICT NO. 94-1 (the "Assessment District"); and, WHEREAS, at this time it appears to this legislative body that certain changes and modifications in certain assessments are necessary, and that, pursuant to the provisions of Section 10353 of said Streets and Highways Code and Article XIIID of the Constitution of the State of California ("Article XIIID") and the Proposition 218 Omnibus Implementation Act (Government Code Section 53750 and following) (the "Implementation Act") (the Improvement Act, Article XIIID and the Implementation Act are referred to collectively as the "Assessment Law"), it is necessary that this legislative body adopt a Resolution briefly describing the proposed changes in certain assessments and giving notice of a time and place for a public hearing where persons may appear and show cause why said changes should not be ordered, NOW, THEREFORE, IT IS HEREBY RESOLVED AS FOLLOWS: SECTION 1. The above recitals are all true and correct. SECTION 2, The public interest, convenience and necessity requires, and it is the intention of this legislative body, to order certain changes and modifications in the proceedings and the assessments as set forth in the report of Special District Financing & Administration, a copy of which is on file in the office of the City Clerk. SECTION 3. NOTICE IS HEREBY GIVEN THAT A PUBLIC HEARING IS HEREBY SCHEDULED IN THE REGULAR MEETING PLACE OF THIS LEGISLATIVE BODY, BEING THE COUNCIL CHAMBERS, 276 FOURTH AVENUE, CHULA VISTA, CALIFORNIA, ON JULY 27,1999 AT 6:00 PM AT WHICH TIME THE CITY COUNCIL WILL HEAR ANY OBJECTIONS TO THE PROPOSED CHANGES AND MODIFICATIONS. ANY INTERESTED PERSON MAY APPEAR BEFORE THE CITY COUNCIL AND SHOW CAUSE WHY THE PROPOSED CHANGES AND MODIFICATIONS SHOULD NOT BE MADE IN ACCORDANCE WITH THE PROVISIONS OF THIS RESOLUTION. RIGHT TO SUBMIT ASSESSMENT BALLOT PURSUANT TO THE PROVISIONS OF THE ASSESSMENT LAW, EACH RECORD OWNER OF PROPERTY FOR WHICH THE ASSESSMENT IS PROPOSED TO BE INCREASED HAS THE RIGHT TO SUBMIT AN ASSESSMENT BALLOT IN FAVOR OF OR IN OPPOSITION TO THE PROPOSED INCREASE IN ASSESSMENT. 1 jl--- ¡. - ----" ASSESSMENT BALLOTS WILL BE MAILED TO THE RECORD OWNER OF EACH PARCEL LOCATED WITHIN THE ASSESSMENT DISTRICT FOR WHICH THE ASSESSMENT IS PROPOSED TO BE INCREASED. EACH SUCH OWNER MAY COMPLETE SUCH ASSESSMENT BALLOT AND THEREBY INDICATE THEIR SUPPORT FOR OR OPPOSITION TO THE PROPOSED INCREASE IN ASSESSMENT. ALL SUCH ASSESSMENT BALLOTS MUST BE RECEIVED BY THE CITY CLERK AT THE FOLLOWING ADDRESS AT OR BEFORE THE TIME SET FOR THE CLOSE OF THE PUBLIC HEARING: CITY CLERK CITY OF CHULA VISTA 276 FOURTH A VENUE CHULA VISTA, CALIFORNIA 91910 A POSTMARK PRIOR TO SUCH DATE AND TIME WILL NOT BE SUFFICIENT. AT THE CONCLUSION OF THE PUBLIC HEARING, THE CITY COUNCIL SHALL CAUSE THE ASSESSMENT BALLOTS TIMELY RECEIVED TO BE TABULATED. IF A MAJORITY PROTEST EXISTS, THE CITY COUNCIL SHALL NOT IMPOSE AN INCREASE IN THE ASSESSMENT ON ANY PARCEL WITHIN THE ASSESSMENT DISTRICT. A MAJORITY PROTEST EXISTS IF, UPON THE CONCLUSION OF THE PUBLIC HEARING, ASSESSMENT BALLOTS SUBMITTED IN OPPOSITION TO THE INCREASE IN ASSESSMENTS WITHIN THE ASSESSMENT DISTRICT EXCEED THE ASSESSMENT BALLOTS SUBMITTED IN FAVOR OF SUCH INCREASE IN ASSESSMENTS. IN TABULATING THE ASSESSMENT BALLOTS, THE ASSESSMENT BALLOTS SHALL BE WEIGHTED ACCORDING TO THE PROPORTIONAL FINANCIAL OBLIGATION OF THE AFFECTED PROPERTY. SECTION 4. The City Clerk is hereby directed to certify to the adoption of this Resolution and cause a copy to be published in a newspaper designated for the publication of legal notices once, not less than ten (10) days prior to the public hearing, SECTION 5. The City Clerk is hereby directed to mail notice of the Public Hearing and the adoption of this Resolution, together with the assessment ballot materials, to the record owners of all real property proposed to be assessed. SECTION 6. For any and all information relating to these proceedings, including information relating to assessment ballot procedure, your attention is directed to the person designated below: FRANK RIVERA ENGINEERING DEPARTMENT CITY OF CHULA VISTA 276 FOURTH A VENUE CHULA VISTA, CALIFORNIA 91910 (619) 691-5266 PREPARED BY: APPROVED AS TO FORM BY: John P. Lippitt ~~.~ John Kaheny Director of Public Works City Attorney H: Ihome lattorneylreso lad94-1 2 II" 7 <: ~r ¡¡; <.( ~ ",~> ~I :::g~ - ~ E- 'th ~ ~ - ~'t I :0 -th I - I O/J ... "' :< - ~tI... I , x 'i:ì~ , CI) ~ ;<:; . . , , I > t¿ I ~ I -< (\,¡~ ..J I . ~. E- ¡, :-.1<::) . '" I..:¡t't¡ -< ~ ~ 1:.)..... . ~ I ::<:'" t::::: . . o(! ¡, -« è't~ . 2: ..J,..,. ~ j¡ ¡'-:z:: CI) - ;:, J I ~~ <> 10 0 0 ~ 0 ~ - g I .... , 112~~ 0 '- Q , ! ;.".. 0 fa;~ - g g 0 . z , I c::¡<:e: : '" 10 Lu. ..J ~~~ lID . .< 10 ;q! C '~ .~, D ~. I :;.¿ . ~ - < OQ') ___ ~ ,.J ~""'Lu :-' I~~~ '" ... '" ¡::: -< ~ ....t\..J ~ '" I ~;q!~ ~ . ~ ~ ~ 1Ij..-¡ E- :::: :i ~.9 ,!;;!~~ ~,..,. ~ctg ::<: =:J . ~ l¡J -<O~ ~t:,Q;¡ ,.J cr.. ~ I ~~ ~ I ~ ~r--. , r--. ~-.J't) ~r--. C,,)..... . '" I') ~~~ t.~~ ~ t( ;':j(\,¡ ~ I tl.) ~ cij t'üCl) ~ § \ùè't "" ..... .Þ ~~ 1\. a- ~ a- U a- -; ~ :;.: <: CD ::¡: I /I-r ¡,; 8 ~ ~. . ¡,,~,..>., ..- ,""-~'.," ....- ~,'::;';'¿',.".I;>,;.;,.,..~,;".",¡,..;;:~,,- ~ : ' J EXHt8/í 1.8 ~". /' . / , , .' / '1 ,'., I /',,/ // - '... 'J -~"", 'J - SALT CREEK COMMUNfTY J PARK J l ." J, - FUTURE 1 ,.J-' '-~--- r CLUBHOUSE I EASTLAKE VISTAS ì DRIVE NEIGHBORHOOD ...!-----,--- J I I >- " -/ :/ I I 1 1 1 ì SALT CREEK OPEN i SPACE I I i 14 dulac. NOT TO SCALE tI~ TRAILS SOUTH PLANNING //'/ -- -~~ -- EXHIBIT 2A ?ART V D~SCRI?TJON 0;= WORK ASSESSMTh'T DISTRICT NO, 90-3 The general description of work to be funded by Assessment District 90-3 consists of the following: 1. Street improvements consisting of grading, base, paving, curb, gutter, sidewalk, street lighting and landscaping within the follDwing rights-of-way: a, North Greensview Drive - ÏrDm Hunte ParJ..-way west tD Clubhouse Drive, b. Master Ridge RDad - ÏrDm NDrth Greenview Drive north to its terminus, ... Clubhouse Drive - from Hunæ ParJ..-way west tD EastLalœ ParJ..-way, d. Greensgate Drive - from North Greenview Drive west to EastLake Parkway. ~ '. EastLake Par1:v:ay - from Or.ay Lakes RDad SDuth tD SDG&E easement. ~. .. :·Hunte Parkway - from Or.ay Lakes Road south tD ClubhDuse Drive, ., Utilities and undergrDund improvements consisting of por.able water facÜities, -. reclaimed water facilities, sanita.ry sewers, storm drains, i.¡1igation facilities and utiiity undergrounding as appropriaæ by applicable state and federal statutes within the following rights-of-way: 2_ Eastlake Parkway - Ïrom Ü'.ay Lakes Road south to the SDG&E easement. b. North Greensview Drive - Ïrom Hunte ParJ..-way west to Clubhouse Drive. c. Master Ridge Road - from North Greensview Drive north to its terminus. d. Clubhouse Drive - from Hume Parkway west to EastLake ParJ..-v.'ay. e, Greensgate Drive - from North Greensview Drive west to EastLake Pa:'k'';''ay, r. Hunte Parkway - from Orange Avenue north to Otay Lakes Road. p Or.ay Lakes Road - from EastLake Parkway east to its terminus onsite. e' 0 TWD sewer pump stations and associated force mains located in Or.ay Lakes Road anà -'. EastLake ParJ..-way. . ~.::: ", ~~~ w.m ¡¡....Ie? ~ '#¿. ~ ¡o.¡.,ò::;: F. ;t~';-'k' ..,~' .¿ '~f )Sj1JA.NE:TìCJ4Ca¡.x.Ju"~ 20. 1991 '. .:.......,~. . B~~~: t. -- EXHIBIT 2B ASSESSMENT DIAGRAM OF - }\SSESS11ENT DISTRICT 90-3 CITY OF CHULA VISTA, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA EASTLAKE GREENS PHASE I ~ SEJ: SB~ 7 ~ \ ==. "01 TO SC.cz @ @ Q, C/ @ -...~~\ A.... ~~ wAS!.E\€ e-r 11-£ err t::l.N:1. i:F T..e: ~ CF \ D-C...I.A VlS';"A. 51'4TE O=~:R>U.. CJ'.; PAR::E..S t:F LA.~ src....,.. CN TìoIS ASSE5SÞ..eJT ~ MIoP. SAD ASSESStoE>olT wAS !..EVE) D"-i TI-E ~t:FR:U. W-~¡;¡;~N~~~~ AJlDTo£ ~~C:~;.'f~~~~~~'r~~1'£ o=t:E a: T..e STRæ1 ~'i?a:NT ~ ToE EXA:i A....a.NT I:F é~ 4SSiE5SroENT L.EIIED ~ EA:)ot ~AtJ:t:2. t:F I...AJ'>D SIoCWN :;r.; THiS ....~...... CrT tIA3=IAM ~:JTYCFOi.L...'.V5'14 F:l.EO N1';.£ c:FA:JE 0= TI-E CTY c.s-:: t:F 'n£ CTY CF C>CJ..,6. \'ST. TìoIS_ D4'1'CF 1õCC. :;ITT ~ Ci'"y I:F o-u..", VS.A \i J:E::FCE> N T¡.£ CR=I::E CF TPE $iõE'T ~ CF TI'€ ::::TY CF ::H..u.VS'TA. THS _CA.T r; "'" ~1~ŒN1 LEGEND arT CF ou... VST. - - _ DJS11UCT BOUNDARY F\..e: THS DAY CF g;c AT cr.:1.CIX ~~ PAQE:-;;rw G' ~ CF ASSE~ 0STõC~~::. c:::t.,t..-;,y CF SAN~'TE :F~~tE ~'T'r FE::::R:SI 0= TI'€ ~ARCE!.. aOUN~ARY ~~ CF SAN ŒOO E5:NTY NAP NOT A PART OF THE DISTRICT "'''' (0 ASSESS~£NT NU~9ER 'n£ ~y AN:) ~.6SCS..S AS 9-OWN ~ A.te J/-j I AS 9-OW'\I ~ 11-£ ASSE~ ;o~ MAPS t:F rrE ¡:::u.r.y CF SAN ŒCJ:l SiA.7E ::F ~ \.Kl...·JLLD,~...· ..sso::)... ns -..-. ~ .c -..- --, --., - ------- ,þf04þþÞ - EXHIBIT 3 A ASSESSMENT DISTRlCT 94-1 PART VI DESCRIPTION OF WORKS OF IMPROVEMENT The proposed works of improvement are generally described as follows: 1. Street improvements consisting of grading, base, paving, curb, gutter, sidewalk, street lighting and landscaping within the following rights-of-way: a, South Greensview Drive - from Clubhouse Drive to Unit 6 entrance (2,400 L.F., Phase 1), b. South Greensview Drive - from Silverado Drive.to Hunte Parkway (3,400 L.F., Phase 2), c, South Greensview Drive - from Unit 6 entrance to Silverado Drive (1,920 L.P., Phase 3), 2, Utilities and underground improvements consisting of potable water facilities, storm drain facilities, sewer facilities, reclaimed water facilities, electric facilities, telephone facilities, and gas facilities as appropriate by applicable state and federal statutes within the following rights-of- way: a, South Greensview Drive - from Clubhouse Drive to Unit 6 entrance (2,400 L.F., Phase J), b, South Greensview Drive - from Silverado Drive to Hunte Parkway (3,400 L.F., Phase 2). c, South Greensview Drive - from Unit 6 entrance to Silverado Drive (1,920 L.F., Phase 3). 3, DIF funded street improvements consisting of grading, storm drain, base, paving, curb, gutter, sidewalk, medians, street lighting, landscaping and street monumentation within the following rights-of-way: a. Hunte Parkway - from Clubhouse Drive to South Greensview Drive (2,300 L.P., Phase 2), b, Hunte Parkway - from South Greensview to Orange Avenue 0,270 L,F., Phase 2), 4, DIF funded street and underground improvements consisting of grading, and storm drain improvements within the following rights-of-way: a, Orange Avenue - from Hunte Parkway to the SDG&E easement (3,500 L.F.. Phase 2), b, Orange Avenue - from Hunte Parkway to the Olympic Training Center (to be funded only in the event that the actual construction cost of all the TDIF improvements is lower than estimated) //..../.2- WPC M:IJiOME\ENGJNEER\I!75.94 EXHIBIT 3B ASSESSMENT DIAGRAM (ACO U· S ITI 0 N) ASSESSMENT DISTRICT 94~1 CITY OF CHULA VISTA, STATE OF CALIFORNIA COUNTY OF SAN DIEGO EASTLAKE GREENS II ¢ - .... ..... 8 OG-G»-O< I a> ---.. LECEND AN AUCI:III[1IfT WAS LlYItD IT THt CIT't' CDUNCIl Dr TNt crrT or -'-crn'mIMIDUI'\" . / CNUU, VISTA. StATt or CAlJrOlÞl",- 0Ii 'AlCtLS or &.uIÞ SMØWti Df¡ - - - .-r.cT-...cw.aT TNS MStlSMDfT DWaIAtII...". SoUD ASKSSMtNT WAS LrtI£D 011I 1M[ I'OIICn ...-., _OI.T or . 18U. ....0 ASSI:DM[IfT DIAGA&II1 AND THe AlSasafI:WT eau writ[ 11I:=-0£0 .. 1M( oma or TN[ sncrr IUfl'EIIIW1"DIDOfT ..... .....NIr.1IC--=r Of TNt em 01 CNUI.A VSTA Df¡ 1H[-A&" or . '"1. CD ---r IaMItI II£T[I[NC[ . IIAD[ TO THe ASSaSwM IDU. IItCDlmCD .. TNt oma or 1M( S11KCT SUPtnntNDOIT røI 'Nt DW:'T MlQUNT or tACH AlSE:ISM[NT ----- - LCVItD ~ tACH 'MCtL. or LMD SHDn 011I 11G AlltlSWCX1' ~. MOTt: ern cu:u. I:tTT or CHUI.A \'1ST. 1M[ ~ MID NÆnS AI ...... NDEo. M[ AS ...... DiM 1M[ AlStDaC"I IWICI.I. ""'" or M c:DUNTT or .... "GO, STAn or CALlf'C*lIA I F'I.[þ iii TM( 0fT1C( or 1'Mt em Q.Dr or TNt crTT or OIUU, ¥!ST.. THIS "'Tor .1'- gn' c:LPII. CITT or CHUu. VISTA I£CDIIDCD .. M ÞmCt or TN( ITIIa."t SUfltØfTÞlaorr or 1M[ cm or ocuu. VISTA 1M1S or '"' ST'It[T ~.IIC1"tWDDn. em' OF' CMUI.A vtStA I nL£D TMfI _ DAY or . ,.., AT _ 0"Cl.DCC _ .. IOOIt _ PAGe _ Dr ~ or ASSaSwtWT DlSÆCTS, 1/---/3 1:£COaDa-s DOCUIIIDrT IIIC!. .. TIC Df"FlC[ or TH[ I COUN'TT KCDI:D£I or 'ntt CDuNTT or 1M IM£OC. STAtt or ~CNtNi4. ~TT II[CDIIDCI or ..... Dfta CQI.IWTT \ J - COUNCIL AGENDA STATEMENT Item /,2" - Meeting Date 6/8/99 ITEM TITLE: Resolution /77" Y '/ Approving award of Consultant Services Contract to Dudek and Associates, Inc. to provide Envirornnental Services and a Preliminary Design for the Salt Creek Gravity Sewer Trunk SUBMITTED BY: Director of Public Works REVIEWED BY: City Manag~~ (4/5ths Vote: _YesXNo) The proposed Salt Creek Trunk will transport wastewater from new developments within the Salt Creek Basin in eastern Chula Vista and provide additional capacity to the existing wastewater collection systems in southern Chula Vista. The City needs the assistance of a consultant to provide engineering and envirornnental services and to prepare a preliminary design for the Salt Creek Gravity Trunk Sewer. On October 6, 1998, the City Council approved Resolution No, 19196 (Exhibit A) appropriating $150,000 from the Trunk Sewer Capital Reserve Fund (Fund No, 222) and $150,000 from the Salt Creek Sewer Basin Development Impact Fund (Fund No, 670) to cover the cost of the Preliminary Design for the Salt Creek Trunk Sewer. Approval of this resolution will allow for the preparation of the preliminary design and determine the envirornnental constraints and aligrnnent for subsequent final design of the interceptor. Upon completing this preliminary design, the City will hire a consultant to prepare the final design, RECOMMENDATION: That Council approve this resolution and award a contract for an amount of $54,950 to Dudek and Associates, Inc. to provide envirornnental services and preliminary design for the Salt Creek Gravity Trunk Sewer and authorize the mayor to execute the agreement. BOARDS/COMMISSIONS RECOMMENDATION: Not applicable DISCUSSION: In November of 1994, Wilson Engineering prepared a report entitled, "Salt Creek Basin Gravity Sewer Analysis". This report developed the basis for establishing a Salt Creek Sewer Basin Development Impact Fee to pay for the eastern portion of the Salt Creek Trunk Sewer, The report proposed the construction of more than 12,5 miles of sewer line ranging from 15-inch at the eastern end to 36-inch at the westerly end, The report also segregated the trunk sewer into nine reaches as shown on Exhibit "B", In addition, on December 6, 1994, the City Council established the Salt Creek Sewer Basin Development Fee to provide funding for the construction of Reaches 1;1. -/ Page 2, Item Meeting Date 6/8/99 I through 8. The downstream reach (Reach 9), to be funded by the City's Trunk Sewer Fund, consists of approximately 27,000 linear feet of 36-inch main and commences approximately 1,500 feet east of Otay Valley Road and extends westerly through the Otay River Valley to the City of San Diego's Metro Sewer west of Interstate 5, This reach will convey all sewage from the Salt Creek Basin along with the total sewage flow from the Poggi Canyon and Main Street Basins, The proposed Salt Creek Trunk Sewer will generally parallel Salt Creek and the Otay Valley River beginning just west of Upper Otay Reservoir and terminating at the City of San Diego's Metro Sewer west of Interstate 5, The completed interceptor will convey flows from the developments of Rolling Hills Ranch, Eastlake, Otay Ranch, Olympic Training Center and adjacent properties, and also provide additional capacity for the existing wastewater collection system for the southern part of the City, The construction of this facility will also allow for the removal of three pump stations and save several million dollars in upgrades to the Telegraph Canyon interceptor which is currently receiving pumped flows from Eastlake, Rolling Hills Ranch and the Olympic Training Center. The annual maintenance cost for operation of the three pump stations currently runs at approximately $100,000 per year. The flow presently being pumped into the Telegraph Canyon Trunk Sewer would flow by gravity through the new SaIt Creek Trunk upon its completion. To date, portions of several reaches have been constructed as development continues in the eastern territories. Reach 1 is currently under construction by Pacific Bay Homes; Reach 2 is in the designlplanning stages through Eastlake Trails Development; and portions of Reaches 4 and 5 were constructed as part of a joint project with SDG&E's Pipeline 2000 gas line which was funded upfront by the City's Trunk Sewer Reserve Fund, Upon completion of this work, staff intends to return to Council with a detailed project cost estimate based on the consultant's findings and a detailed funding mechanism for the actual completion of the project. Preliminary cost estimates for the overall project based on initial sewer studies indicate that the total project cost is approximately $20 million, The Trunk Sewer Capital Reserve Fund which is intended for the construction of sewer trunk facilities currently contains an unencumbered balance of more than $14,000,000, The Development Impact Fee for the Salt Creek Trunk Sewer will eventually generate an estimated revenue of approximately $8,000,000 million toward construction of Reaches I through 8, Since the Development Impact Fee is collected from building permits, it could take many years to generate the entire $8,000,000, depending on the rate of development. A funding mechanism is needed to provide funds within the next few years that will be reimbursed as money is collected from building permits, The Trunk Sewer Capital Reserve Fund will also increase as funds are collected from building permits in the eastern territories, Consultant Selection Process Staff evaluated the options of accomplishing the work, including perfonning the activities in-house or using a consultant. Currently, existing staff is busy working on other Capital Improvement Projects and Programs, In order tQ complete the work in-house the City would need to hire /1.-2... Page 3, Item_ Meeting Date 6/8/99 additional staff This would not be practical due to the need for expertise in sanitation engineering, geotechnical engineering and environmental assessment which is only needed for this project. Staff followed Section 2,56.110 of the Municipal Code in the consultant selection process, A three member selection committee was appointed by the City Manager. A Request for Proposals (RFP) was prepared and sent to over forty firms with expertise in these areas. In addition, a notice was published in the Chula Vista Star News, Eight Firms responded to the request and submitted proposals, Since all eight firms were considered competent to perform the work, all these firms were interviewed by the selection committee. These firms were ranked in accordance with the following criteria: Issue Max. Points L Similar project experience 15 2, Capacity to perform work 10 3, Project Team rating 15 4, Understanding of project needs 10 5. Justification for cost proposal 15 6, Sub-Consultants ranking 10 7. Presentation ranking 15 8. Responsiveness to questions 10 The selection committee ranked the firms in the following order: Name of the Firm L Dudek and Associates, Inc, 2, ASL Consulting Engineers 3, Berryman Henigar 4, Wilson Engineering 5, Metcalf & Eddy, Inc. 6, Nasland Engineering 7. Earth Tech 8. Hirsch & Company The Selection Committee members selected Dudek and Associates, Inc. based on the following: L The combination of being ranked highest and having the lowest proposal of $54,950. The next lowest bid was $161,284 and was submitted by Earth Tech 2. Most relevant experience in preparing design for sewer trunk 3. Good presentation in the interview 4. Strong project team 5, Excellent references 12."3 Page 4, Item_ Meeting Date !ilJY!l!l Dudek's overall cost is significantly below the average cost of the eight proopsals, Staff was concerned with such a significant difference, but determined that Dudek's experience and work on similar projects in Chula Vista are primary reasons for such a difference, Staff discussed this issue with Dudek and made sure that the scope was fully understood. Dudek demonstrated full understanding of the scope and willingness to perform all the required tasks for a total cost of $54,950, FISCAL IMPACT: At the time the Development Impact Fee was established for the Salt Trunk Sewer, it was agreed that the development of the eastern territories will finance the construction of Reaches 1 through 8 and that the City will fund the construction of Reach 9 which contains flows that originate outside the Salt Creek Basin. It is proposed at this time that funding for the initial phase of engineering and environmental work be equally split between the Trunk Sewer Capital Reserve and the Salt Creek Sewer Basin Development Impact Fee, Following approval of this resolution staff will encumber the Contract amount of $54,950 and a contingency of 20% bringing the total encumbrance amount to $66,000, Any future funding mechanisms to finance Reaches I through 8 must be self-sufficient and wholly supported by the development of the eastern territories. The Trunk Sewer Capital Reserve Fund balance of $14,136,737 is capable of funding the City's obligation for the construction of Reach 9. Based on development projections over the next five years, the Trunk Sewer Capital Reserve Fund should increase annually by $2,000,000 to $4,000,000. Attachments: Exhibit "A" Resolution No, 19196 Exhibit "B" Plat of Salt Creek trunk sewer H: \HOME\ENGINEER\SEWER99\SAL TCREE\scagenda.doc FILE NO.: 735-1O-SW219 /.2- i RESOLUTION NO, J9'1?.y RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AWARD OF CONSULTANT SERVICES CONTRACT TO DUDEK AND ASSOCIATES, INC. TO PROVIDE ENVIRONMENTAL SERVICES AND A PRELIMINARY DESIGN FOR THE SALT CREEK GRAVITY SEWER TRUNK WHEREAS, the proposed Salt Creek Trunk will transport wastewater from new developments within the Salt Creek Basin in eastern Chula Vista and provide additional capacity to the existing wastewater collection systems in southern Chula Vista; and WHEREAS, the City needs the assistance of a consultant to provide engineering and environmental services and to prepare a preliminary design for the Salt Creek Gravity Trunk Sewer; and WHEREAS, Section 2,56,110 of the Municipal Code was followed in the consultant selection process and a Request for Proposals was prepared and sent to over forty firms with expertise in these areas; and WHEREAS, the three member selection committee appointed by the City Manager selected Dudek and Associates, Inc, based on the lowest proposal, relevant experience, strong project team and excellent references; and WHEREAS, approval of this resolution will allow for the preparation of the preliminary design and determine the environmental constraints and alignment for subsequent final design of the interceptor; and WHEREAS, upon completing this preliminary design, the city will hire a consultant to prepare the final design. NOW, THEREFORE, BE IT RESOLVED the City Council of the City of Chula Vista does hereby approve the award of a consultant services contract to Dudek and Associates, Inc. in the amount of $54,950 to provide environmental services and preliminary design for the Salt Creek Gravity Trunk Sewer, a copy of which shall be kept on file in the office of the City Clerk, BE IT FURTHER RESOLVED that the Mayor of the City of Chula vista is hereby authorized and directed to execute said Agreement for and on behalf of the City of Chula vista. Presented by Approved as to form by John p, Lippitt, Director of Public Works H:\home\attorney\reso\dudek.agr EXHIBIT" A" RESOLUTION NO. 19196 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING '-THE ADDITION OF A CAPIT AL IMPROVEMENT PROJECT TO COMPLEïE ENVIRONMENTAL AND ENGINEERING WORK REOUIRED FOR THE CONSTRUCTION OF THE SALT CREEK TRUNK SEWER AND APPROPRIATING $150,000 FROM THE TRUNK SEWER CAPITAL RESERVE FUNDS (FUND NO. 222) AND $150,000 FROM THE SALT CREEK SEWER BASIN DEVELOPMENT IMPACT FEE FUND (FUND NO. 670) TO COVER THE COST OF SAID WORK WHEREAS, the Salt Creek Trunk Sewer has been proposed for the transport of w2stewater from new developments in e2stern Chula Vista and to provide additional capacity for the existing w2stewater collection systems in southern Chula Vist2; and VV¡"EREAS, on December 6, 1994, the City Council established the Salt Creek Sewer 3zsin Development ree to fund a large portion of this trun~ sewer; and V\':-!=REAS, the proposed inter:e;:nor will genera!!y paralle! Salt Creek and the O:ay VaHey ~iver beginning just west of UPDer Olav Seservair an:j H~ímíÎ,aiing at the C¡'LY oi San Diego's rVietro Sewer west of Interstai:€ 5; and WHEREAS, approval of this resolution will establish a Capital Improvement Project for the preliminary design to determine the environmental constraints and alignment for subsequent final design and construction of the interceptor; and VVHEREAS, preliminary design will also provide an overall project cost and schedule; and WHEREAS, the overall project cost estimate will include costs for environmental document2tion and mitigation, pipeline final design, and construction; and WH"REAS, preliminary cost estimates for the overall project costs based on initial sewer s"Ludjes indicate that the total project cost is approximately $20 million. NOW, THEREFORE, 3" IT RESOL V"D the City Council of the City of Chula Vista does hereby approve the addition of a capital improvement project to complete environmental and engineering work required for the construction of the Salt Creek Trunk Sewer. S" iT FURTH"R R"SOL VED that $150,000 is hereby appropriated from the Trunk Sewer Capital Reserve Fund (¡:und No, 222) and $ í 50,000 from the Salt Creek Sewer Basin Development Impact Fund (Fund No. 670) to cover the cost of said work. ?resented by ADDroved 2S to form by ~ t" Q~A c&-Q / ¡J ~/ "' J~') ? LiDoitt /~-{. ft roIL Kaheny U ? /Iic Works Di,ector / r"lY Attorney -. ?esolution 19196 ë'age 2 ,A:_;:~ED, /\?PROVED, and ADOPïED by the City Coun:::il of the City of Chula Vista, California, this 6'" day of October, 1998, by the following vote: AYES: Councilmembers: Moot, Padilla, Salas and Horton NAYS: Councilmembers: None ABSENï: Councilmembers: Rindone ABSï AIN: Councilmembers: None þ~~ #J1~ Shirley Ho " n, Mayor ' , '--,- ,..., I 1=_ ¡: ~)~ C! ~ 3everly . Authelet, City Clerk SïATE OF CALIFORNIA ) COUNTY OF SAN DIEGO ) CITY OF CHULA VISïA ) I, 3everly A. Authelet, City Clerk of Chula Vista, California, do hereby certify that the fo'egoing Resolution No, 19196 was duly passed, approved, and adopted by the City Council at a regular meeting of the Chula Vista City Council held on the 6'" day of October, 1998, ::xecuted this 6th day of October, 1998, cI2J2 () (;It!1{J£ Beverly 1/, Authelet, City Clerk /2'7 - \~ ~~ ~~ t'~ " ........,. -t-.....{ . .. ~ ~ t ¡¡ ~ w ~ ~ ..J ~ .. ~ .. +1 ~ n ~ a: ~ e Is a. ~ w (.1 T"" 2 c:: ..- w ¡ (] l- i ¡¡: " ~ ~ - i) '.U " ;¡¡ ~ ::E '" '" 1b " ~ 1< ~ .. <:> 6 ¡¡ /'" ~ '" ~ <:> . ~ i ~ I ~ - - ~ U I " '!! ~ I « .-' ~ '" ~ w ~ I ê ~ E-- c:: D .... ::¿ '" ~ ~ 0 ! ~ 1J a:: . "' .... : I ~ IL ) a::,\ 0 : I ~ I- a. w ; I (.1 I a:: i w I- ~ ~ !!! \ r- W IL W C - ~ n:n: /'" .. ~ Z 00 '" - w r- 1-1- « ¿ ...J1l. ~ ~W - ~,tJ- - ~! " (1)0 î ~I « \ ., Cn: \ \ WW \ " L\''; Y {-----~ (1)1- 02 ! I a.- /.2.-g/ I 0 , I ! I ! II I I a. I Agreement between City of ChuIa Vista and Dudek & Associates, Inc. For Providing Engineering and Environmental Services for the Salt Creek Gravity Sewer Trunk This agreement ("Agreement"), dated for the purposes of reference only, and effective as of the date last executed unless another date is otherwise specified in Exhibit A, Paragraph 1 is between the City of Chula Vista, hereinafter called "City", whose business fonn is set forth on Exhibit A, paragraph 3, and Dudek & Associates. Inc, hereinafter called "Consultant," the entity indicated on the attached Exhibit A, paragraph 4, as Consultant, whose business fonn is set forth on Exhibit A, paragraph 5, and whose place of business and telephone nwnbers are set forth on Exhibit A, paragraph 6 ("Consultant"), and is made with reference to the following facts: Recitals Whereas, staff prepared and issued a Request for Proposals (RFP) in December 1998 with the intent to negotiate a contract for providing Engineering and Envirorunental Services for the Salt Creek Gravity Sewer Trunk; and Whereas, a total of eight (8) proposals were received and reviewed by the City's consultant selection committee in January 1999; and Whereas, staff has received a proposal from Dudek and Associates to provide engineering and envirorunental services for the Salt Creek Gravity Sewer Interceptor; and Whereas, the City's consultant selection committee made their final recommendation in March , 1999; and Whereas, the engineering fum of Dudek and Associates, !nc, was recommended as the consultant to be awarded the contract to provide engineering and envirorunental services for the Salt Creek Gravity Sewer Trunk; and Whereas, the City is desirous of retaining professional engineering and envirorunental consulting services for said' Sewer Trunk; and Whereas, staff has received a proposal from Dudek and Associates to provide engineering and envirorunental services for the Salt Creek Gravity Sewer Interceptor; and Whereas, City staff has determined the proposal to be responsible and has negotiated an agreement based on the proposal; and -I- I:L "1 - ------ Whereas, Consultant warrants and represents that they are experienced and staffed in a manner such that they are and can prepare and deliver the services required of Consultant to City within the time frames herein provided, all in accordance with the terms and conditions of this Agreement; NOW, THEREFORE, BE IT RESOLVED that the City and Consultant do hereby mutually agree as follows: 1. Consultant's Duties: A. General Duties: The Consultant shall perform all of the services described in the attached Exhibit A, Paragraph 7, entitled "General Duties"; and, B. Scope of Work and Schedule: In the process of performing and delivering said "General Duties", Consultant shall also perform all of the services described in Exhibit A, Paragraph 8, entitled "Scope of Work and Schedule", not inconsistent with the General Duties, according to, and within the time frames set forth in Exhibit A, Paragraph 8, and deliver to the City such Deliverables as are identified in Exhibit A, Paragraph 8, within the time frames set forth therein, time being of the essence of this agreement. The General Duties and the work and deliverables required in the Scope of Work and Schedule shall be herein referred to as the "Defined Services". . Failure to complete the Defined Services by the times indicated, shall not terminate this agreement, except at the option of the City, C. Reductions in Scope of Work: City may independently, or upon request from Consultant, from time to time reduce the Defmed Services to be performed by the Consultant under this Agreement. Upon doing so, City and Consultant agree to meet in good faith and confer for the purpose of negotiating a corresponding reduction in the compensation associated with said reduction. , D. Additional Services: In addition to performing the Defined Services herein set forth, City may require Consultant to perform additional consulting services related to the Defmed Services ("Additional Services"), and upon doing so in writing, if they are within the scope of services offered by Consultant, Consultant shall perform same on a time and materials basis at the rates set forth in the "Rate Schedule" in Exhibit A, Paragraph 11, unless a separate ftxed fee is otherwise agreed upon, All compensation for Additional Services shall be paid monthly as billed, E. Standard of Care: Consultant, in performing any Services under this agreement, whether Defmed Services or Additional Services, shall perform in a manner consistent with that level of care and skill ordinarily exercised by members of the profession currently practicing under similar conditions and in similar locations. F. Insurance: Consultant represents that it and its agents, staff and subconsultants employed by it in connection with the Services required to be rendered, are protected against the risk of -2- / .2 ... It} -- -_.~ loss by the following insurance coverages, in the following categories, and to the limits specified, policies of which are issued by Insurance Companies that have a Best's Rating of "A, Class V" or better, or shall meet with the approval of the City: Statutory Worker's Compensation Insurance and Employer's Liability Insurance coverage in the amount set forth in the attached Exhibit A, Paragraph 9. Commercial General Liability Insurance including Business Automobile Insurance coverage in the amount set forth in Exhibit A, Paragraph 9, combined single limits applied separately to each project away from premises owned or rented by Consultant, which names City and Applicant as an Additional Insured, and which is primary to any policy which the City may otherwise carry ("Primary Coverage"), and which treats the employees of the City and Applicant in the same manner as members of the general public ("Cross-liability Coverage"). Errors and Omissions insurance, in the amount set forth in Exhibit A, Paragraph 9, UIÙess Errors and Omissions coverage is included in the General Liability policy. G. Proof of Insurance Coverage: (1) Certificates of Insurance: Consultant shall demonstrate proof of coverage herein required, prior to the commencement of services required under this Agreement, by delivery of Certificates of Insurance demonstrating same, and further indicating that the policies may not be canceled without at least thirty (30) days written notice to the Additional Insured. (2) Policy Endorsements Required: In order to demonstrate the Additional Insured Coverage, Primary Coverage and Cross-liability Coverage required under Consultant's Commercial General Liability Insurance Policy, Consultant shall deliver a policy endorsement to the City demonstrating same, which shall be reviewed and approved by the Risk Manager. , H. Security for Perfonnance: (1) Perfonnance Bond: In the event that Exhibit A, at Paragraph 19, indicates the need.for Consultant to provide a Performance Bond (indicated by a check mark in the parenthetical space immediately preceding the subparagraph entitled "Performance Bond"), then Consultant shall provide to the City a performance bond by a surety and in a form and amount satisfactory to the Risk Manager or City Attorney which amount is indicated in the space adjacent to the term, "Performance Bond", in said Paragraph 19, Exhibit A, (2) Letter of Credit: In the event that Exhibit A, at Paragraph 19, indicates the need for Consultant to provide a Letter of Credit (indicated by a check mark in the parenthetical space immediately preceding the subparagraph entitled "Letter of Credit"), then Consultant shall provide to the City an irrevocable letter of credit callable by the City at their unfettered discretion by submitting to the bank: a letter, signed by the City Manager, stating that the Consultant is in breach of the terms of this Agreement. The letter of credit shall be issued by a bank:, and be in a form and amount satisfactory to the Risk Manager or City Attorney which -3- /.2"'f1 - amount is indicated in the space adjacent to the term, "Letter of Credit", in said Paragraph 19, Exhibit A. (3) Other Security: In the event that Exhibit A, at Paragraph 19, indicates the need for Consultant to provide security other than a Performance Bond or a Letter of Credit (indicated by a check mark in the parenthetical space immediately preceding the subparagraph entitled "Other Security"), then Consultant shall provide to the City such other security therein listed in a form and amount satisfactory to the Risk Manager or City Attorney. I. Business License: Consultant agrees to obtain a business license from the City and to otherwise comply with Title 5 of the Chula Vista Municipal Code, 2. Duties of the City: A. Consultation and Cooperation: City shall regularly consult the Consultant for the purpose of reviewing the progress of the Defined Services and Schedule therein contained, and to provide direction and guidance to achieve the objectives of this agreement. The City shall permit access to its office facilities, files and records by Consultant throughout the term of the agreement. In addition thereto, the City agrees to provide the information, data, items and materials set forth on Exhibit A, Paragraph 10, and with the further understanding that delay in the provision of these materials beyond 30 days after authorization to proceed, shall constitute a basis for the justifIable delay in the Consultant's performance of this agreement. B. Compensation: Upon receipt of a properly prepared billing from Consultant submitted to the City periodically as indicated in Exhibit A, Paragraph 18, but in no event more frequently than monthly, on the day of the period indicated in Exhibit A, Paragraph 18, City shall compensate Consultant for all services rendered by Consultant according to the terms and conditions set forth in Exhibit A, Paragraph 11, adjacent to the governing compensation , relationship indicated by a "checkmark" next to the appropriate arrangement, subject to the requirements for retention set forth in paragraph 19 of Exhibit A, and shall compensate Consultant for out of pocket expenses as provided in Exhibit A, Paragraph 12. All billings submitted by Consultant shall contain sufficient information as to the propriety of the billing to permit the City to evaluate that the amount due and payable thereunder is proper, and shall specifically contain the City's accoUJÏt number indicated on Exhibit A, Paragraph 18 to be charged upon making such payment. 3. Administration of Contract: Each party designates the individuals ("Contract Administrators") indicated on Exhibit A, Paragraph 13, as said party's contract administrator who is authorized by said party to represent them in the routine administration of this agreement. -4- /2~ /:L. ~ 4. Term: This Agreement shall terminate when the Panies have complied with all executory provisions hereof. 5. Liquidated Damages: The provisions of this secûon apply if a Liquidated Damages Rate is provided in Exhibit A, Paragraph 14. It is acknowledged by both parties that time is of the essence in the completion of this Agreement. It is difficult to estimate the amount of damages resulting from delay in per- formance. The parties have used their judgment to arrive at a reasonable amount to compensate for delay, Failure to complete the Defmed Services within the allotted time period specified in this Agreement shall result in the following penalty: For each consecuûve calendar day in excess of the rime specified for the completion of the respecûve work assignment or Deliverable, the consultant shall pay to the City, or have withheld from monies due, the sum of Liquidated Damages Rate provided in Exhibit A, Paragraph 14 ("Liquidated Damages Rate"), Time extensions for delays beyond the consultant's control, other than delays caused by the City, shall be requested in writing to the City's Contract Administrator, or designee, prior to the expiraûon of the specified rime. Extensions of rime, when granted, will be based upon the effect of delays to the work and will not be granted for delays to minor portions of work UIÙess it can be shown that such delays did or will delay the progress of the work. 6. Financial Interests of Consultant: , A. Consultant is Designated as an FPPC Filer: If Consultant is designated on Exhibit A, Paragraph 15, as an "FPPC filer", Consultant is deemed to be a "Consultant" for the purposes of the Poliûcal Reform Act conflict of interest and disclosure provisions, and shall report economic interests to the City Clerk on the required Statement of Economic Interests in such reporting categories as are specified in Paragraph 15 of Exhibit A, or if none are specified, then as determined by the City Attorney. B. Decline to Participate: Regardless of whether Consultant is designated as an FPPC Filer, Consultant shall not make, or panicipate in making or in any way attempt to use Consultant's position to influence a governmental decision in which Consultant knows or has reason to know Consultant has a financial interest other than the compensaûon promised by this Agreement. C. Search to Determine Economic Interests: Regardless of whether Consultant is designated as an FPPC Filer, Consultant warrants and represents that Consultant has diligently conducted -5- 1,2"13 a search and inventory of Consultant's economic interests, as the term is used in the regulations promulgated by the Fair Political Practices Commission, and has determined that Consultant does not, to the best of Consultant's knowledge, have an economic interest which would conflict with Consultant's duties under this agreement. D. Promise Not to Acquire Conflicting Interests: Regardless of whether Consultant is designated as an FPPC Filer, Consultant further warrants and represents that Consultant will not acquire, obtain, or assume an economic interest during the term of this Agreement which would constitute a conflict of interest as prohibited by the Fair Political Practices Act. E. Duty to Advise of Conflicting Interests: Regardless of whether Consultant is designated as an FPPC Filer, Consultant further warrants and represents that Consultant will immediately advise the City Attorney of City if Consultant learns of an economic interest of Consultant's which may result in a conflict of interest for the purpose of the Fair Political Practices Act, and regulations promulgated thereunder. F. Specific Warranties Against Economic Interests: Consultant warrants and represents that neither Consultant, nor Consultant's immediate family members, nor Consultant's employees or agents ("Consultant Associates") presently have any interest, directly or indirectly, whatsoever in any property which may be the subject matter of the Dermed Services, or in any property within 2 radial miles from the exterior boundaries of any property which may be the subject matter of the Dermed Services, ("Prohibited Interest"), other than as listed in Exhibit A, Paragraph 15. Consultant further warrants and represents that no promise of future employment, remuneration, consideration, gratuity or other reward or gain has been made to Consultant or Consultant Associates in connection with Consultant's performance of this Agreement. Consultant promises to advise City of any such promise that may be made during the Term of this Agreement, or for'12 months thereafter. Consultant agrees that Consultant Associates shall not acquire any such Prohibited Interest within the Term of this Agreement, or for 12 months after the expiration of this Agreement, except with the written permission of City . Consultant may not conduct or solicit any business for any party to this Agreement, or for any third party which may be in conflict with Consultant's responsibilities under this Agreement, except with the written permission of City . 7. Hold Harmless: Consultant shall defend, indemnify, protect and hold harmless the City, its elected and appointed officers and employees, from and against all claims for damages, liability, cost and expense (including without limitation attorneys' fees) arising out of the conduct of the Consultant, or any agent or employee, subcontractors, or others in connection with the -6- /:¿ --If - execution of the work covered by this Agreement, except only for those claims arising from the sole negligence or sole willful misconduct of the City, its officers, or employees, Consultant's indemnification shall include any and all costs, expenses, attorneys' fees and liability incurred by the City, its officers, agents, or employees in defending against such claims, whether the same proceed to judgment or not. Further, Consultant at its own expense shall, upon written request by the City, defend any such suit or action brought against the City, its officers, agents, or employees, Consultants' indemnification of City shall not be limited by any prior or subsequent declaration by the Consultant. 8. Termination of Agreement for Cause: If, through any cause, Consultant shall fail to fulfill in a timely and proper manner Consultant's obligations under this Agreement, or if Consultant shall violate any of the covenants, agreements or stipulations of this Agreement, City shall have the right to tenninate this Agreement by giving written notice to Consultant of such tennination and specifying the effective date thereof at least five (5) days before the effective date of such tennination, In that event, all finished or unfinished documents, data, studies, surveys, drawings, maps, reports and other materials prepared by Consultant shall, at the option of the City, become the property of the City, and Consultant shall be entitled to receive just and equitable compensation for any work satisfactorily completed on such documents and other materials up to the effective date of Notice of Termination, not to exceed the amounts payable hereunder, and less any damages caused City by Consultant's breach, 9. Errors and Omissions: In the event that the City Administrator determines that the Consultants' negligence, errors, or ollÙssions in theperfonnance of work under this Agreement has resulted in expense to City greater than would have resulted if there were no such negligence, errors, ollÙssions, Consultant shall reimbùrse City for any additional expenses incurred by the City, Nothing herein is intended to limit City's rights under other provisions of this agreement. 10. Termination of Agreement for Convenience of City: City may terminate this Agreement at any time and for any reason, by giving specific written notice to Consultant of such tennination and specifying the effective date thereof, at least thirty (30) days before the effective date of such tennination. In that event, all fllÙshed and unfllÙshed documents and other materials described hereinabove shall, at the option of the City, become City's sole and exclusive property. If the Agreement is terminated by City as provided in this paragraph, Consultant shall be entitled to receive just and equitable compensation for any satisfactory work completed on such documents and other materials to the effective date of such tennination. Consultant hereby expressly waives any and all claims for damages or compensation arising under this Agreement except as set forth herein. /'" -7- ) ..2.... /.> ----- ----~--_.,._,.- 11. Assignabilit)': The services of Consultant are personal to the City, and Consultant shall not assign any interest in this Agreement, and shall not transfer any interest in the same (whether by assignment or novation), without prior written consent of City. City hereby consents to the assignment of the portions of the Defmed Services identified in Exhibit A, Paragraph 17 to the subconsultants identified thereat as "Permitted Subconsultants" . 12. Ownership, Publication, Reproduction and Use of Material: All reports, studies, information, data, statistics, forms, designs, plans, procedures, systems and any other materials or properties produced under this Agreement shall be the sole and exclusive property of City, No such materials or properties produced in whole or in part under this Agreement shall be subject to private use, copyrights or patent rights by Consultant in the United States or in any other country without the express written consent of City, City shall have unrestricted authority to publish, disclose (except as may be limited by the provisions of the Public Records Act), distribute, and otherwise use, copyright or patent, in whole or in part, any such reports, studies, data, statistics, fonns or other materials or properties produced under this Agreement. 13. Independent Consultant: City is interested only in the results obtained and Consultant shall perfonn as an independent Consultant with sole control of the manner and means of performing the services required under this Agreement. City maintains the right only to reject or accept Consultant's work products. Consultant and any of the Consultant's agents, employees or representatives are, for all purposes under this Agreement, an independent Consultant and shall not be deemed to be an employee of Pty, and none of them shall be entitled to any benefits to which City employees are entitled including but not limited to, overtime, retirement benefits, worker's compensation benefits, injury leave or other leave benefits. Therefore, City will not withhold state or federal income tax, social security tax or any other payroll tax, and Consultant shall be solely responsible for the payment of same and shall hold the City harmless with regard thereto. 14. Administrative Claims Requirements and Procedures: No suit or arbitration shall be brought arising out of this agreement, against the City unless a claim has first been presented in writing and filed with the City and acted upon by the City in accordance with the procedures set forth in Chapter 1.34 of the Chula Vista Municipal Code, as same may from time to time be amended, the provisions of which are incorporated by this reference as if fully set forth herein, and such policies and procedures used by the City in the implementation of same. -8- l2.;/? .. - Upon request by City, Consultant shall meet and confer in good faith with City for the purpose of resolving any dispute over the tenns of this Agreement. 15. Attorney's Fees: Should a dispute arising out of this Agreement result in litigation, it is agreed that the prevailing party shall be entitled to recover all reasonable costs incurred in the defense of the claim, including costs and anomey's fees. 16. Statement of Costs: In the event that Consultant prepares a report or document, or participates in the preparation of a report or document in performing the Defmed Services, Consultant shall include, or cause the inclusion of, in said report or document, a statement of the numbers and cost in dollar amounts of all contracts and subcontracts relating to the preparation of the report or document. 17. Miscellaneous: A. Cousultant not authorized to Represent City: Unless specifically authorized in writing by City, Consultant shall have no authority to act as City's agent to bind City to any contractual agreements whatsoever. B. Consultant is Real Estate Broker and/or Salesman: If the box on Exhibit A, Paragraph 16 is marked, the Consultant and/or their principals islare licensed with the State of California or some other state as a licensed real estate broker or salesperson. Otherwise, Consultant represents that neither Consultant, nor their principals are licensed real estate brokers or salespersons . , C. Notices: All notices, demands or requests provided for or permitted to be given pursuant to this Agreement must be in writing., All notices, demands and requests to be sent to any party shall be deemed to have been properly given or served if personally served or deposited in the United States mail, addressed to such party, postage prepaid, registered or certified, with return receipt requested, at the addresses identified herein as the places of business for each of the designated parties, D. Entire Agreement: This Agreement, together with any other written document referred to or contemplated herein, embody the entire Agreement and understanding between the parties relating to the subject matter hereof. Neither this Agreement nor any provision hereof may be amended, modified, waived or discharged except by an instrument in writing executed by the party against which enforcement of such amendment, waiver or discharge is sought. E. Capacity of Parties: Each signatory and party hereto hereby warrants and represents to the other party that it has legal authority and capacity and direction from its principal to enter -9- /.2....// - into this Agreement, and that all resolutions or other actions have been taken so as to enable it to enter into this Agreement. F. Governing LawNenue: This Agreement shall be governed by and construed in accordance with the laws of the State of California. Any action arising under or relating.to this Agreement shall be brought only in the federal or state courts located in San Diego County, State of California, and if applicable, the City of Chula Vista, or as close thereto as possible. Venue for this Agreement, and performance hereunder, shall be the City of Chula Vista. , -10- I J. -/ r - Signature Page to Agreement between City of Chula Vista and Dudek and Associates, Inc. for Providing Engineering and Environmental Services for the Salt Creek Gravity Sewer TrurÏk IN WITNESS WHEREOF, City and Consultant have executed this Agreement thereby indicating that they have read and understood same, and indicate their full and complete consent to its tenns: Dated: 11M (", , 1999 Dated: , 1999 Dudek and Associates, Inc, City of Chula Vista By: By: Frank dek .tf~·o/ Shirley Horton, Mayor ?12E<:.rtJeN1 Attest: Susan Bigelow, City Clerk , Approved as to form: John M, Kaheny, City Attorney Exhibit And Attachment List to Agreement (X) Exhibit A (X) Attachment No.1 -11- IJ. ,;/ I ~ -_.~---,,_.._-------_._.,- Exhibit A Agreement between City of Chula Vista and Dudek and Associates, Inc. 1. Effective Date of Agreement: June 8, 1999 2. City-Related Entity: (X) City of Chula Vista, a municipal chartered corporation of the State of California ( ) Redevelopment Agency of the City of Chula Vista 3. Place of Business for City: City of Chula Vista 276 Fourth Avenue Chula Vista, CA 91910 4. Name of Cousultant: Dudek and Associates, Inc. 5. Business Form of Cousultant: ( ) Sole Proprietorship ( ) Partnership , (X) Corporation 6. Place of Business, Telephone and Fax Number of Consultant: 605 Third Street Encinitas, CA 92024 Voice Phone (760) 942-5147 Facsimile (760) 632-0164 A-I / ). - )..0 -~ 7. General Duties: The general duties for the consultant include preparing environmental studies and assessment, and preliminary design for the Salt Creek Gravity Sewer Trunk. The engineering and environmental services include developing alternative alignments, evaluating those alignmepts based on engineering and environmental constraints, selecting the most appropriate alternative, identifying the environmental constraints, and determining the required environmental documentations for the most appropriate alternative to satisfy California Environmental Quality Act (CEQA) and National Environmental Policy Act (NEPA) regulations. The final product for this project shall consist of a report on environmental assessment and evaluation, a Preliminary Design Report including the basis for design, and layout of the selected sewer alignment including plan and profile of the pipeline, The preliminary plans shall include plan view and profile with 1" = 100' horizontal scale, 1" = 10' vertical scale, and 10 foot interval topographic lines, The Preliminary Design Report shall also include sewer line data, environmental constraints analysis, environmental assessment documentation requirements, construction phasing and scheduling, and cost estimates, All the engineering and environmental services shall be completed in accordance with this agreement and as further described in the attached document titled "Request for Proposals to Provide Engineering and Environmental Services for the Salt Creek Gravity Sewer Trunk." (Attachment No.1). Said document was issued by the City of Chula Vista in December of 1998. 8. Dermed Services A. Detailed Scope of Work: Element 1: Data Collection and Review , Task 1.1- Project Kickoff Meeting Conduct a project kickoff, meeting with the City of Chula Vista and other appropriate parties to discuss the overall project structure and goals. Task 1.2- Collect Existing Data Collect previous studies, reports, aerial photos, environmental and planning documents, and other available background information necessary for the project. Task 1.3- Develop Evaluation Criteria Develop environmental and engineering criteria for evaluating the pipeline alternatives, These criteria will be the basis for the development of the alignment and subsequent alternative evaluations, Task 1.4- Present Utility Data A-2 1;1. -;1./ --. The Consultant shall contact local utility companies to locate existing utilities, existing sewer lines, and other pertinent information within the pipeline corridor and he shaIl present the utility data on the base maps, Element 2: Mapping The City of Chula Vista wiIl provide digital data on CD-Rom disk in a format compatible with the Consultant Computer Aided Drafting and Design (CADD) system. This data wiIl consist of existing sewer lines, location of pump stations, orthophotos, existing topography, and other layers necessary to create the foundation for the alternative alignments, These data shall be used for mapping environmental features, locating existing structures and facilities, and developing base maps for the alternative alignments. Element 3: Environmental and Archeological constraints Analysis, Evaluations, and Regnlatory Agencies Requirements This element wiIl identify primary environmental and archeological constraints for the proposed alignment alternatives based on the pipeline corridors identified in previous studies and available information, The analysis shall include the foIlowing tasks: Task 3,1- Environmental and Archeological Constraints Analysis CoIlee! and review existing environmental and archeological data. Perform a field reconnaissance of environmental and archeological resources. Conduct a program level analysis of cultural resources, including compiling and reviewing existing data for the project and preparing cultural resources summary to be included in the constraints analysis. , Task 3,2- Regulatory Requirements Provide recommendations as to which local, state and federal regulatory requirements may affect implementation of the project. Outline, in detail, the necessary documentation and permitting processes required to satisfy CEQA, NEPA, County, State and Federal Endangered Species Acts for the proposed alignment. Include the required permitting fees and estimated mitigation cost in the cost estimate of this project, Task 33- Technical Memorandum Prepare a technical memorandum summarizing the results of the constraints analysis and required environmental documentation. The summary shall consist of a compilation of resource data, a discussion of known and potential areas of environmental resource sensitivity, and recommendations for future compliance studies. A-3 / ..2 ....1...,2 - Element 4: AJternatives Analysis Task 4.1 Develop Alternative Alignments Develop alternative alignments for the sewer trunk. These alignments shall be selected based on data obtained during the Data Collection and Review (Eleme!1t I) and the Environmental Constraints Analysis (Elements 3). Task 4.2 Alternative Analysis Perform an evaluation of each alternative alignment. This evaluation shall include a minimum of three alternative alignments and shall consider new technology including but not limited to pipe tunneling or pipe bursting for the westerly portion of Reach 9 (from Interstate 5 to Interstate 805). These analysis shall include, but not be limited to, the following factors: - Environmental constraints - Archeological constraints - Geotechnical constraints - Constructability - Existing features - Topography - Costs - Acquisition of Right of Way constraints Task 4.3 Select Recommended Alignment Based on the analysis in Task 4.2, select the most appropriate alignment. Provide a detailed description of the analysis process and the features of the recommended alternative. Element 5: PreparatÎòn of Preliminary Design Report Task 5.1 Preliminary Design Report , Prepare a Preliminary Design Report, The report shall include design criteria, pipeline alignment, hydraulic calculations, size and slope requirements, environmental constraints, archeological constraints, geotechnical constraints, project cost and schedule, and construction requirements. The Sewer Design Criteria of the City of Chula Vista Subdivision Manual, and the City of Chula Vista Design Standards shall be used for this process. Chula Vista will provide the Consultant with copies of such Subdivision Manual and Design Standards, Task 5.2 Route Location and Access Plans Prepare preliminary pipeline alignment plan and profIle design scaled drawings on size "D" sheets, with 1"= 100' horizontal scale, 1"=10' vertical scale, and 10 foot interval topographic lines. The drawings shall be presented to depict the interceptor route, access locations, environmentally sensitive areas, and other A-4 /..2 "',).3 - _._...._._--~_.- features related to the pipeline design, The plans shall be included with the Preliminary Design Report, Task 5.3 Construction Cost Estimate Prepare preliminary cost estimate. This cost estimate shall include costs associated with environmental documentation and mitigation, design, æÏd construction of the interceptor. The cost estimate shall be included with the Preliminary Design Report. Task 5.4 Project Schedule Prepare a comprehensive schedule for environmental documentation and mitigation, pipeline design, contract bidding selection, and construction for the different phases of the project. The schedule shall be included with the Preliminary Design Report. Task 5,5 Use of Computer Aided Design Prepare the final design using Computer Aided Design (CAD), and deliver all graphics and plans in AutoCADtDWG Version 14 file format. Element 6: Respond to the City of ChuIa Vista Comments on the Submittals All submittals shall be subject to the approval of the City of Chula Vista's staff, The Consultant shall evaluate and respond to all comments from the City's staff on the submittals until the final product is approved by the City's staff. Element 7: Important Issues The following are important issues that shall be considered in the preliminary design of th~ Salt Creek Gravity Trunk Sewer (SCGST): - Provide Sewer Services to Salt Creek Sewer Basin The fInal alignment of the SCGST shall be capable of providing sewer services using gravity collection system to all existing and future facilities and developments located within the Salt Creek Sewer Basin. - City of San Diego Sewer Trunk The City of San Diego owns and maintains a gravity sewer trunk that parallels the Otay River and Faivre Street. This trunk is flowing at very low capacity . Therefore, there may be an option for the City of Chula Vista to reach an agreement with the City of San Diego to utilize this trunk as a bypass line on a temporary basis during the construction of the SCGST, The Consultant shall contact the City of San Diego to discuss said option and shall provide relevant information in the Preliminary Design Report, - Decommissioning Olympic Training Center Pump Stations A-5 /..2. ".;.( - The Olympic Training Center which is located easterly of Salt Creek is presently pumping wastewater into Otay Lakes Pump Station through existing three pump stations. The Consultant shall include in his design plans for decommissioning these pump stations and connecting the Olympic Training Center to the proposed SCGST via a gravity collection system, - Decommissioning Auto Mall Pump Station Consultant shall study the feasibility of decommissioning the Auto Mall pump station, which is located on the north side of Otay River. It will be desirable that all generated wastewater from the surrounding areas be connected to the SCGST via gravity collection system. The Consultant shall provide full analysis in his report to show how the connections from neighboring areas along the whole length of SCGST will be made. - AnimaI Shelter Pump Station The AnimaI Shelter Pump Station which is located on the north side of Otay River is going to be abandoned due to the relocation of the Animal Shelter facility , Therefore, the decommissioning of this pump station shall not be included in the design of this project. - Access Road Each manhole along the proposed SCGST shall be designed to allow for the construction of an access road with a turnaround where an existing road is not available to provide access for the future maintenance of the SCGST, - Construction Staging Areas Consultant shall analyze the construction zone and identify areas that can be used to stage construction operations, , - Capacity in Telegraph Canyon Sewer Trunk The existing Telegraph ,Canyon Sewer Trunk is approaching its maximum flow capacity since some developments from non-tributary sewer basins have been pumping wastewater flows through Otay Lakes Road and East Orange Avenue Pump Stations. The Consultant shall evaluate the phasing of the SCGST and shall include analysis on the future decommissioning of all such pump stations to reduce the wastewater flow in the Telegraph Canyon Sewer Trunk, A-6 /,J. ~ ø2.5 _._-_._._---_.~~--_..__.__._~._,-_....__... ._-~_._-- -"'- - Provide Cost Estimate for Connecting the Existing Facilities The cost for connecting all existing facilities within the tributary areas of the Salt Creek Sewer Basin and for connecting all the decommissioned pump stations to SCGST via gravity collection system shall be included in the Cost Estimate of this project. The removal and site restoration of these decommissioned pump stations shall also be included in the cost estimate, 9. Insurance Requirements: (X) Statutory Worker's Compensation Insurance (X) Employer's General Liability Insurance: $1,000,000. (X) Commercial General Liability Insurance: $1,000,000. ( ) Errors and Omissions Insurance: $250,000 (not included in Commercial General Liability coverage), 10. Materials Required to be Supplied by City to Consultant: . Digital data on CD-Rom disk in AutoCAD/DWG Version 14 file fonnat showing existing aerial photographic and topographic maps. These data shall be used for mapping environmental features, locating existing structures and facilities, and developing base maps for the alternative alignments analysis. . At the request of the Consultant the City of Chula Vista will provide any available "As Built" plans and records for all existing facilities that will be affected by this project. 11. Compensation: A. (X) Hourly Rate Arrangement. For perfonnahce of all of the Defined Services by Consultant as herein required, City shall pay Consultant for the productive hours of time spent by Consultant in the perfonnance of said ServiCes, at the rates or amounts set forth in the Rate Schedule herein below accordÎng to the following terms and conditions: 1. (X) Not-to-Exceed Limitation on Time and Materials Arrangements Notwithstanding the expenditure by 'Consultant of time and materials in excess of said Maximum Compensation amount, Consultant agrees that Consultant will perfonn all of the Defmed Services herein required of Consultant for a lump sum of $54.950 (fifty four thousands and nine hundred and fifty dollars) including all Materials, and other "reimburseables" ("Maximum Compensation"), 2,{ ) Limitation without Further Authorization on Time and Materials Arrangement At such; time as the Consultant shall have incurred time and materials equal to $ A-7 / ,2. .. ø2.? - Rate Schedule Categories of Employee Hourly of Consultant Name Rate PrinciDal En!!ineer Mike Metts $125 Proiect Mana!!er Mike Metts $115 Proiect En!!ineer Cecil Rehr $ 95 PrinciDal Environmentalist June Collins $130 Environmentalist Harold Weir $130 A.rchaeolo!!ist Brian Smith $ 90 CAD Drafter Paul Cali¡ruiri $ 65 ClericallWord Processor Casev Larkin $45 ( ) Hourly rates may increase by 6 % for services rendered after , 1999 if delay in providing services is caused by City, 12. Materials Reimbursement Arrangement: Expenses reimbursable by the City will include messenger service and overnight delivery (actual cost), facsimile (transmission only $0,25 per page), copying ($0.05 per page). However, such cost shall not exceed the aggregate of $250 without further authorization issued in writing by the City Engineer. 13. Contract Añmini~ators: City: Jamal Naji, Assistant Civil Engineer II, Public Services Building, 276 Fourth Avenue, Chula Vista, CA 91910 and Susan Bigelow, City Clerk. Consultant: Dudek and Associates, Incorporated, Frank Dudek 605 Third Street Encinitas, CA 92024 (760) 942-5147 A-8 /..l'-.l? (760) 632-0164 (Fax) 14. Liquidated Damages Rate: None 15. Statement of Economic Interests, Consultant Reporting Categories, per Conflict of Interest Code: ( ) Not Applicable, Not an FPPC Filer. (X) FPPC Filer 16. Real Estate Broker: Not Applicable 17. Permitted SubConsultants: Brian f. Smith and Associates (Archaeology Support) 18. Bill Processing: A, Consultant's Billing to be submitted for the following period of time. (X) Monthlv. B. Day of the Period for submission of Consultant's Billing: (X) First of the Month C, City's Account Number: 600-6008-SW219 19. Security for Performance: ( ) Performance Bond: ( ) Letter of Credit: ( ) Other Security:, Type: Amount: $ (X) Retention, If this space is checked, then notwithstanding other provisions to the contrary requiring the payment of compensation to the Consultant sooner, the City shall be entitled to retain, at their option, either the following "Retention Percentage" or "Retention Amount" until the City determines that the Retention Release Event, listed below, has occurred: (X) Retention Percentage: 20% ( ) Retention Amount: $ Retention Release Event: (X) Completion of all Consultant Services A-9 ) ).. - :tr ( ) Other: 20. Deliverables and Due Date of Submittals The Consultant shall submit all the listed deliverable documents on the following due dates: Deliverable Documents Due Date 1- List of guidelines for selecting the different Tuesday, June 22, 1999 alignments, 2- Environmental assessment/evaluation and Wednesday, July 21, 1999 base maps for the different alignments, 3- Early draft on environmental and Wednesday, August 11, 1999 preliminary engineering evaluation of the selected alignment. 4- Draft of the Preliminary Design Report Tuesday, August 31,1999 including environmental analysis and engineering calculations (10 copies). Three sets of blue print copies (Size "D" sheets), showing a draft of the base maps for the sewer trunk alignment, including plans and profiles of the sewer trunk with I" = 100' horizontal scale, 1" = 10' vertical scale, and 10 foot interval topographic lines. 5- List of the agenci~, required permits, fees, Tuesday, August 31,1999 and environmental guidelines for all local county, state and federal regulatory agencies that could require permits for this project. 6- Final Preliminary Design Report including Friday, October 29, 1999 environmental analysis and engineering calculations (10 copies), Said report shall discuss phasing, scheduling of the different reaches, cost estimate, including costs associated with environmental documentation, mitigation, permits, engineering design and construction, This submittal shall also include original mylars with three sets of blue print copies (size "D" sheets), showing the Final Preliminary Design including plans and profiles with I" = 100' horizontal scale, I" = 10' vertical scale, and 10 foot interval topographic lines. A-lO /.2-.2.~ --.".'.-' .- ,.--.---...--.-....- 7- CD-Rom disks containing the Final Friday, October 29, 1999 Preliminary Design in AutoCADIDWG Version 14 file fonnat (2 sets), CD-Rom disks containing the Final Preliminary Design Report in WordPerfect Version 6,1 file format (2 sets), Urness otherwise stated above, all re-submittals shall be due within 14 calendar days after they are returned to the Consultant. H:\HOME\ENGlNEER\SEWER99\SALTCREE\SAL TCREK.AGR , A-ll / ,2. ,. .1 CJ - - COUNCIL AGENDA STATEMENT ItemD Meeting Date 6/8/99 ITEM TITLE: Resolution 1,9 f~stablishing dates for property owners to be ready to receive underground service and for the removal of poles and overhead facilities within Underground Utility District No. 123, Phase II, along "E" Street from Fourth Avenue to Toyon Lane including Corte Helena SUBMITTED BY: D;",,,,, of,,"b);, w,,'tf!: REVIEWED BY: City Manag~ -? (4/5ths Vote: Yes_NoX) On October 27, 1992, the City Council held a public hearing and approved Resolution No. 16846 establishing Underground Utility District No. 123, along "E" Street, from Broadway to Toyon Lane including Corte Helena. This project was divided into two phases. Phase I extended from Broadway to Fourth Avenue and Phase II extends from Fourth Avenue to Toyon Lane and includes Corte Helena. Phase I was recently completed and the Phase II conversion work is currently underway. In accordance with Section 15.32.150 of the Chula Vista Municipal Code, Resolution 16846 states that the City Council shall by subsequent resolution set the date upon which affected property owners must be ready to receive underground service and the date by which SDG&E shall remove poles, overhead wires and associated structures. The conversion of overhead utilities to underground within Phase II is scheduled to be completed by December 17, 1999. City Council Policy #585-01 allows the City to use utility undergrounding funds to reimburse all affected properties for the cost of undergrounding of private service laterals RECOMMENDATION: That Council approve the resolution to: I. Set September 17, 1999 as the date by which property owners within the second phase of Underground Utility District No. 123, along "E" Street from Fourth Avenue to Toyon Lane including Corte Helena, shall be ready to receive underground services. 2. Set December 17, 1999 as the date by which all poles, overhead wires and associated structures shall be removed within Underground Utility District No. 123, Phase II, along "E" Street from Fourth Avenue to Toyon Lane including Corte Helena. BOARDS/COMMISSIONS RECOMMENDATION: Not applicable. DISCUSSION: On October 27, 1992, the City Council approved Resolution No. 16846 establishing Underground Utility District No. 123, along "E" Street from Broadway to Toyon Lane including Corte Helena. Also, in accordance with the City Code and said resolution, the City notified all property owners within the district of the relevant provisions by mailing each owner and resident a copy of said resolution. There were no inquires by the property owners regarding the notification. /.3-/ ______o _._ -_._.~-,...._--_._- Page 2, Item /3 Meeting Date 6/8/99 During a meeting of the Utility Undergrounding Advisory Committee (UUAC) on February 10, 1999, the utility representatives informed Engineering staff that they can meet the following schedule for Phase II of the subject underground conversion district: Date for Customers to be ready to receive Underground Service September 17,1999 Date for the completion of under grounding work and the removal December 17,1999 of overhead utilities, poles and associated structures Upon approval of this resolution, notices of these dates will be sent to residents and owners of real property within the second phase of the district. Exhibit "A" shows a listing of those property owners and Exhibit "B" shows the boundary for Phase II of the project. The conversion work by the property owners involves trenching, backfill and installation of conduit from the property line to point of connection. On December 15, 1992, the City Council approved Resolution 16934 amending City Council Policy No, 585-1 expanding the use of SDG&E utility funds to reimburse all property owners for their trench work, The new policy is applicable to all Districts formed in calendar year 1992 and thereafter. Each property owner required to dig a trench for lateral connection will be reimbursed at a rate of$30 per foot of trenching (up to 100'), The City will reimburse each property owner after receipt of said funds from SDG&E and completion of the building permit process, A total of sixty-five (65) properties who are required to construct a trench will be reimbursed (48 single family dwellings and 17 non-single family dwellings), The subsidy to single family dwellings and non-single family dwellings is estimated to be $52,000 and $10,000 respectively. Exhibit "c" gives an estimate of the reimbursement to each property owner. FISCAL IMPACT: The cost of pole removal, undergrounding overhead facilities and private property conversion reimbursements as outlined above is estimated to be $1,500,000. SDG&E's allocation funds (Rule 20-A) will cover the estimated cost of the project. The estimated subsidy to property owners for their trench work is $62,000, Attachments: Exhibit A - Notification Mailing list Exhibit B - Phase II Project Boundary Map Exhibit C - List of parcels and property owners qualifying for reimbursement File No: 0810-20-A Y-088 H:\HOME\ENGINEER\AGENDA \98A-CR.RDJ /3'2 RESOLUTION NO. /9.ftf'/ RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ESTABLISHING DATES FOR PROPERTY OWNERS TO BE READY TO RECEIVE UNDERGROUND SERVICE AND FOR THE REMOVAL OF POLES AND OVERHEAD FACILITIES WITHIN UNDERGROUND UTILITY DISTRICT NO, 123, PHASE II, ALONG "E" STREET FROM FOURTH AVENUE TO TOYON LANE INCLUDING CORTE HELENA WHEREAS, the city Council has heretofore by Resolution No. 16846 established Underground Utility District No, 123 along "E" Street from Broadway to Toyon Lane including Corte Helena; and WHEREAS, this project was divided into two phases with Phase I extending from Broadway to Fourth Avenue and Phase II extending from Fourth Avenue to Toyon Lane and including Corte Helena; and WHEREAS, Phase I was recently completed and the Phase II conversion work is currently underway, NOW, THEREFORE, BE IT RESOLVED by the city Council of the city of Chula vista that the following dates are hereby established ordering the property owners to prepare properties for receipt of underground utilities: 1. The property owners within Underground Utility District No. 123, Phase II, shall be ready to receive underground service on September 17, 1999, 2, Poles, overhead wires and associated overhead structures shall be removed from parcels within Underground Utility District No. 123 by December 17, 1999, BE IT FURTHER RESOLVED that the City Clerk of the City of Chula vista be, and she is hereby directed to forward a certified copy of this resolution to all affected utility companies and property owners, Presented by Approved as to form by J~¿ John P. Lippitt, Director of city Public Works H:\home\lorraine\rS\UUDpoles /:1"3 EXHmIT "A" "E" STREET, PHASE II, UNDERGROUNDING MAILING LIST IGUCHI FAMILY TRUST 03/02/96 RAMSEY, LEE W TRUST ...~ CIIDLA VISTA, CA 91910 LAKESIDE, CA 92040 CALLA WAY, GEORGE G & JEANNETTE OCCUPANT 198-A FIRST AVENUE CHULA VISTA, CA 91912 CIIDLA VISTA, CA 91910 OCCUPANT OCCUPANT 67 "E" STREET 198-B FIRST AVENUE CIIDLA VISTA,CA91910 CHULA VISTA, CA 91910 AR!AZ, PATRICIA & STEVE LORIA, VIRGINIA E TRUST CHULA VISTA, CA 91910 CHULA VISTA, CA 91910 OLSON, GRANT G&TAMARAL OCCUPANT 109-A "E" STREET CHULA VISTA,CA9191O CIIDLA VISTA, CA 91910 CORBETT, MARK D TRUST 11103/93 OCCUPANT 109-B "E" STREET CHULA VISTA, CA 91910 CHULA VISTA,CA91910 RETANAI~ & IRMA T GRAUDUSIIDS, LOIS A TRUST ~.. ...... - CHULA VISTA, CA 91910 CHULA VISTA,CA9191O MIKELS, JEFFERY W & LINDAM STUMPF F AMIL Y TRUST 11130/89 CHULA VISTA, CA 91910 CHULA VISTA, CA 91910 MCCURLEY, HAROLD W & DOROTHY W OCCUPANT 117 "E" STREET CHULA VISTA, CA 91910 CHULA VISTA, CA 91910 ROTHACKER, ALFRED A & RHODA P OCCUPANT 119 "E" STREET CHULA VISTA, CA 91910 CHULA VISTA, CA 91910 CASTRO, LUCIA JASSO, MARCO A & LETICIA C CHULA VISTA, CA 91910 NATIONAL CITY, CA 91950 WHITLEY, VERNONL & ANITA OCCUPANT 159 "E" STREET CHULA VISTA, CA 91910 CIIDLA VISTA, CA 91910 I /3--1( SALAZAR, ÆSUS & ANDREA OCCUPANT 175 "E" STREET, #10 CHULA VISTA, CA 91911 CHULA VISTA, CA 91910 OCCUPANT OCCUPANT 163 "E" STREET 175 "E" STREET, #11 CHULA VISTA, CA 91910 CHULA VISTA,CA91910 SAL VESTRINI, THOMAS J OCCUPANT 175 "E" STREET, #12 CHULA VISTA, CA 91910 CHULA VISTA, CA 91910 OCCUPANT OCCUPANT 167 "E" STREET 175 "E" STREET, #13 CHULA VISTA,CA91910 CHULA VISTA,CA9191O BAIRD PROPERTIES OCCUPANT 175 "E" STREET, #14 SAN DIEGO, CA 92122 CHULA VISTA, CA 91910 OCCUPANT OCCUPANT 175 "E" STREET, #1 175 "E" STREET, #15 CHULA VISTA,CA91910 CHULA VISTA,CA9191O OCCUPANT OCCUPANT 175 "E" STREET, #2 175 "E" STREET, #16 CHULA VISTA, CA 91910 CHULA VISTA, CA 91910 OCCUPANT OCCUPANT 175 "E" STREET, #3 175 "E" STREET, #17 CHULA VISTA,CA9191O CHULA VISTA, CA 91910 OCCUPANT OCCUPANT 175 "E" STREET, #4 115 "E" STREET, #18 CHULA VISTA, CA 91910 CHULA VISTA, CA 91910 OCCUPANT OCCUPANT 175 "E" STREET, #5 175 "E" STREET, #19 CHULA VISTA, CA 91910 CHULA VISTA, CA 91910 qCCUPANT OCCUPANT 175 "E" STREET, #6 175 "E" STREET, #20 CHULA VISTA, CA 91910 CHULA VISTA,CA9191O OCCUPANT OCCUPANT 175 "E" STREET, #7 175 "E" STREET, #21 CHULA VISTA, CA 91910 CHULA VISTA, CA 91910 OCCUPANT OCCUPANT 175 "E" STREET, #8 175 "E" STREET, #22 CHULA VISTA, CA 91910 CHULA VISTA, CA 91910 OCCUPANT OCCUPANT 175 "E" STREET, #9 175 "E" STREET, #23 CHULA VISTA,CA9191O CHULA VISTA,CA91910 2 /3--.> OCCUPANT KNODT FAMILY TRUST 10/04/90 175 "E" STREET, #24 CHULA VISTA, CA 91910 FAIRFAX STATION, VA 22039 OCCUPANT OCCUPANT 175 "E" STREET, #25 317 "E" STREET CHULA VISTA, CA 91910 CHULA VISTA, CA 91910 CLARK, DA VI!) L & TERESITA OCCUPANT 321 "E" STREET SAN MARCOS, CA 92069 CHULA VISTA, CA 91910 OCCUPANT OCCUPANT 181 "E" STREET 331 "E" STREET CHULA VISTA, CA 91910 CHULA VISTA,CA9191O MONTELONGO REVOCABLE FAMILY TRUST 3/6/91 GREY, JOHN S & CHRISTIE L - ~.. CHULA VISTA, CA 91910 CHULA VISTA, CA 91910 OCCUPANT BARAJAS, GABRIELA R 185 "E" STREET CHULA VISTA, CA 91910 SAN DIEGO, CA 92130 NAVARRO, IGNACIO R & CONSUELO OCCUPANT 335 "E" STREET CHULA VISTA, CA 91910 CHULA VISTA, CA 91910 ZUNIGA, TIMOTHY & JULIE HORNING, THOMAS AMES CHULA VISTA, CA 91910 CHULA VISTA, CA 91910 KING, DA VI!) J OCCUPANT 351 "E" STREET CHULA VISTA, CA 91910 CHULA VISTA, CA 91910 FORCE, STEVEN A SANCHEZ, ADRIAN CHULA VISTA,CA9191O CHULA VISTA, CA 91910 WILSON, DA VI!) F & SANDRA J OCCUPANT 363-A "E" STREET CHULA VISTA, CA 91910 CHULA VISTA, CA 91910 OCCUPANT OCCUPANT 245 "E" STREET 363-B "E" STREET CHULA VISTA, CA 91910 CHULA VISTA, CA 91910 WILLIAMS, JAMES & JANE H FAMILY TRUST 2/14/94 OCCUPANT 363-C "E" STREET BONITA, CA 91908 CHULA VISTA,CA91910 OCCUPANT WILLARDSON FAMILY TRUST 11/22/91 255 "E" STREET CHULA VISTA, CA 91910 CHULA VISTA,CA9191O 3 /.1'1- - OCCUPANT KIRBY, TERRY G & EMMA M 377 "E" STREET CIIDLA VISTA, CA 91910 CIIDLA VISTA,CA9191O OCCUPANT WELKER, LEO V & KAREN A 381 "E" STREET CIIDLA VISTA, CA 91910 CIIDLA VISTA, CA 91910 KUSHNIR, Y AROSLA V & SUZANNE M HERRERA CARLOS & MARIA D CIIDLA VISTA,CA9191O CIIDLA VISTA, C1691910 IDGGS, DEWITT A TRUST STUMPF FAMILY TRUST 11/30/89 CIIDLA VISTA, CA 91910 CIIDLA VISTA,CA9191O AVILEZ, HERMAN & LOURDES OCCUPANT 110 "E" STREET CIIDLA VISTA, CA 91910 CIIDLA VISTA, CA 91910 SOKOFF, THOMAS D & GUNILLA T SCARPATI, RALPH J & LENA CIIDLA VISTA, CA 91910 CIIDLA VISTA, CA 91910 ODA Y, ALFRED E & CLARESSE TRUST PAZ, SALVADOR & SOFIA OlliLA VISTA, CA 91910 CIIDLA VISTA, CA 91910 HUFFMAN LIVING TRUST 03/23/94 REED, FLOYD E & FRANCES 1 CIIDLA VISTA, CA 91910 CHULA VISTA, CA 91910 SECHLER, SHIRLEY WINNER, AARON D CIIDLA VISTA, CA 91910 CIIDLA VISTA, C~~1O SANTOS, TIffiRESA A OCCUPANT CIIDLA VISTA, CA 91910 CIIDLA VISTA, CA 91910 ULLMAN, ROBERT W & JAMMIE M LIVING TRUST OCHOA, SALVADOR V & DEV ARGAS mAN G CIIDLA VISTA,CA91910 CIIDLA VISTA, CA 91910 THOMAS, ÆSSE G & ESPERANZA A WRIGHT, CHRISTOPHER M CIIDLA VISTA, CA 91910 EL CENTRO, CA 92243 MEDINA, ISMAEL & CECILIA OCCUPANT 146 "E" STREET CIIDLA VISTA, CA 91910 CIIDLA VISTA, CA 91910 ALVAREZ, JOSE L & MARIA SHANE, WESLEY G CIIDLA VISTA, CA 91910 CIIDLA VISTA, CA 91910 4 J:;"'? ~- GILLETT, ALAN NAVARRO,LINDAR CHULA VISTA,CA91910 CHULA VISTA,CA91910 BUTLER, RICHARD A PAPPAS, GUS TRUST - ..- CHULA VISTA, CA 91910 CHULA VISTA, CA 91910 DELRINCON JOSE & ANA D OCCUPANT - 203 CHURCH AVE CHULA V1STA,CA91910 CHULA VISTA, CA 91910 SEBASTIAN, ÆSSIE M GALE, MARVIN L & ELAINE H CHULA VISTA, CA 91910 BONITA, CA 91902 WAFER 1995 FAMILY TRUST OCCUPANT 280 "E" STREET CHULA VISTA, CA 91910 CHULA VISTA, CA 91910 CAZARES, CESAR & ARMANDO LUSCOMB, ALTA P TRUST CHULA VISTA, CA 91910 SAN DIEGO, CA 92103 OCCUPANT OCCUPANT 238 "E" STREET 314 "E" STREET CHULA VISTA, CA 91910 CHULA VISTA, CA 91910 CAZARES, ALEJANDRO & DULCE OCCUPANT 3)6 "E" STREET CHULA VISTA, CA 91910 CHULA VISTA, CA 91910 OCCUPANT OCCUPANT 230 "E" STREET 318 "E" STREET CHULA VISTA, CA 91910 CHULA VISTA, CA 91910 ROSILES, MANUEL & NORA OCCUPANT 3~0 "E" STREET CHULA VISTA, CA 91910 CHULA VISTA, CA 91910 OCCUPANT MORRELL,RAY-ETTAL TRUST 208 DEL MAR AVE CHULA VISTA,CA91910 CHULA VISTA,CA91911 RUBALCAVA, MANlÆLA S TRUST 06/04/91 OCCUPANT 326 "E" STREET ¿HULA VISTA, CA 91913 CHULA VISTA, CA 91910 OCCUPANT KUTA, MARLAKM TRUST 260 "E" STREET C/O PAUL MILLER CO CHULA VISTA, CA 91910 CHULA VISTA, CA 91910 OCCUPANT 2Q2 DEL MAR ST CHULA VISTA,CA91910 5 ¡J,r -..- -,._..-....~---~_._- OCCUPANT 350 "E" STREET CHULA VISTA,CA9191O P M 0 ASSOCIATES 370 "E" STREET CHULA VISTA, CA 91910 FRAZER, ROBERT C & PATTIE G TRUST CHULA VISTA, CA 91910 OCCUPANT 378 -A "E" STREET CHULA VISTA,CA9191O OCCUPANT 378-B "E" STREET CHULA VISTA,CA91910 OCCUPANT 204 GLOVER AVE CHULA VISTA,CA91910 H :IHOMEIENGINEERIADVPLANIEST AD3. RDJ 6 1'J"t¡ - UTILITY UNDERGROUNDING ADVISORY COMMITTEE (UUAC) NOTIFICATION LIST UTILITY REPRESENTATIVES CITY OF CHULA VISTA ENGINEERING DIVISION Veronica Pjtt Roberto Saucedo SDG&E Kirk Ammennan 701-A 33rd Street Mike Donnelly San Diego, CA 92102-3341 Muna Cuthbert Bett Juan Joe Strafaci Pacific Bell 4220 Arizona Street, Room 100 San Diego, CA 92104 Christie Andrews Cox Communications 5159 Federal Blvd San Diego, CA 92105-5486 Randy Watson Chuta Vista Cable 581 "C" Street Chula Vista, Ca 91910 H:\HOME\ENGINEER\ADVPLAN\UUDIST\UUACLIST,MC ) J.... Ie -"---- ---------~--_. \ W ëD z : e:( I- ...J ã1 (.9 2 ::c z 0 >< 0 > ill Z 0 ::) I- <'(~ 0 1-(.9 I- Cl)ffi we:( -0 :J ::::'Z("')2fEi ::) N W ...J <'( .->w >- . e:( ::J: -..JI-O ~...IZ::J:w - 1-1- :t ~ I- c:: c:: ü u:JO a:a:OU Ll..OI-LLG u.. (J) I 2 a - c..0=- c :>- <C W:J I- ~ en...J _>- <tU ü~ ~~ 0 ~ Z I- ::) W 0 W en c: I- en ~ W ~ ~ -, en en 0 - N a: ~ - '<t >- cc z S LU <! 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I:! 1:! ¡¡¡ ~ § .. ¡ ¡ "§ ~ ~ ~ g en m ~ c " ~ /! ~ m -< " ~ ~ ~ ;0 ~ c ;0 ~ m ;0 ~ ~ ;0 m ;0 g ~ ~ ~ G> 0 ~ c ~ ;¡ '" en Z ~ m -i ij¡ ;0 m ;0 -i ~ C ¡¡ en ;0 c -i m ~ ~ 'Þ -i en ;0 -i ¡¡¡ C ;0 en G> -i C en -i -i '" I c en -i :I: j' ¡¡ m ñi z G> Z m m ~ 'tJ 'Þ ¡¡¡ en -i 'tJ :I: N '" ::; ~ J J ;/'1 - --------... COUNCIL AGENDA STATEMENT Item It- Meeting Date 06/08/99 ITEM TITLE: A) Resolution / 9'f~¿ Approving Final Map of Chula Vista Tract No, 99-03, EastLake Trails South, accepting on behalf of the City of Chula Vista the public easements and on behalf of the public the street easements, all as granted on said map within said subdivision, and approving the Subdivision Improvement Agreement for the completion of improvements required by said subdivision and authorizing the Mayor to execute said agreement B) Resolution /9'7' Y? Approving Supplemental Subdivision Improvement Agreement for Chula Vista Tract No, 99-03, EastLake Trails South, requiring The EastLake Company to comply with certain unfulfIlled conditions of Resolution 19447 and authorizing the Mayor to execute said agreement C) Resolution / , if' 8"Ý Approving a Grant of Easements and Maintenance Agreement and Detention Basin Maintenance Agreement between the Eastlake Company and City for the maintenance of public landscaping within a portion of EastLake Trails South and maintenance of the Detention Basin and conservation of certain property and authorizing the Mayor to execute said agreements SUBMITI'EO BY, 0"",'", of ,,"h1< W,,'" l!l: REVIEWED BY: City Manag~ ~ -? \ (4/5ths Vote: Yes_No..xJ On May 4, 1999, by Resolution 19447 (Attachìñent 1), the City Council approved the Tentative Subdivision Map for Chula Vista Tract No. 99-03, EastLake Trails. Said tentative map was approved based on certain conditions in which The EastLake Company (Developer) agreed to comply with and which were established by said Resolution, The Final Map, Subdivision Improvement Agreement and Supplemental Subdivision Improvement Agreement for the first phase of development (EastLake Trails South) are now before Council for consideration and approval. In addition, Council will consider the approval of: the granting of easements and an agreement with the Developer setting forth the obligations of the Developer (and future Home Owner's Association) for maintaining certain public landscaping improvements; the granting of a Conservation Easement from The EastLake Company to the City; and a Detention Basin Maintenance Agreement Between The EastLake Company and the City, /0/// ~. Page 2, Item ¡if Meeting Date 06/08/99 RECOMMENDATION: That Council adopt the resolutions approving: (A) the Final Map, and Subdivision Improvement Agreement, (B) the Supplemental Subdivision Improvement Agreement, and (C) the grant of easements and public landscape maintenance agreement with The EastLake Company, the granting of a Conservation Easement from The EastLake Company to the City, and a Detention Basin Maintenance Agreement between The EastLake Company and the City, BOARDS/COMMISSIONS RECOMMENDATION: On April 28, 1999, the Planning Commission approved the Tentative Subdivision Map for EastLake Trails, Chula Vista Tract No, 99-03, DISCUSSION: General The project site is irregular in shape and represents the approximate southerly half of the EastLake Trails subdivision, The site is limited to the north by the undeveloped northerly half of the EastLake Trails subdivision and Otay Lakes Road; to the south by the future Olympic Parkway; to the west by the EastLake Greens residential subdivision, across Hunte Parkway; and to the east by Salt Creek and the future development, the EastLake Vistas. A plat of the subdivision is presented in Attachment 2. Access to the site is provided via Otay Lakes Road and Hunte Parkway, In the near future, Olympic Parkway, in association with Hunte Parkway, will also provide an alternative access to and from the site with a connection to the future SR-125, The entire EastLake Trails Subdivision will have two (2) Final Maps or development phases, The first and second phases of development are referred to as EastLake Trails South (referred to collectively herein as the "Project") and EastLake Trails North, respectively. The south phase of development is the area contained within the Final Map now before Council for approval. The Final Map for the south phase consists of five-hundred thirty five (535) single-family lots, one multi-family lot, a private park lot, a portion of the community park lot, a super-block lot that will be part of the future north phase, and twenty-two (22) open-space lots on 229.482 acres, Easements and Public Ri!!ht-of-Wav The Final Map for the subdivision has been reviewed by the Department of Public Works and found to be in substantial confonnance with the approved Tentative Map, Approval of the Final Map constitutes acceptance by the City of all sewer, drainage, general utility, tree planting, sidewalk and maintenance, access, sight visibility, temporary sewer and tree planting and maintenance easements, all as shown on said map within said subdivision, Approval of the map also constitutes acceptance, on behalf of the public, of Agave Flats Lane, Appalachian Place, Borrego Springs Road, Cedar Grove Court, Chimney Flats Lane, Descanso Creek Place, Fern Valley Road, Flinn Springs Road, Green Valley Road, Hidden Springs Place, Hitching Post Lane, Lone Pine Court, Rio Seco Court, Rock Creek Place, School House Road, Silver Springs Drive, South Creekside Drive, Sugar Pine Place, Tamarisk Grove Drive, Thunder Spring Drive, Walking / t/ ;' ..2- -. Page 3, Item J~ Meeting Date 06/08/99 Stick Court, and portions of Granite Springs Drive, King Creek Way, Noble Canyon Road, and North Creekside Drive, Home Owner's Association In compliance with Condition Nos, 66 and 70 and other tentative map conditions of approval of Resolution 19447, the Developer has agreed to establish a Home Owner's Association (HOA) prior to making application for the fIrst building permits of the Project. The HOA shall provide for the maintenance of, but not limited to, the mitigation area, slope areas, medians and parkways, and other areas designated by Resolution 19447, In addition, the Developer has agreed to submit and obtain the City's approval of the Declaration of Codes, Covenants and Restrictions (CC&R's) for the Project within 60-days of the date of Council approval of the Final Map now before Council. Irrevocable Offers of Dedication At this time, the City is acknowledging the Irrevocable Offer(s) of a Dedication of Fee Interest (lOD's) in Lots A through H, J through N, and P through X, inclusive, for open space and other public purposes and the lot designating a portion of the proposed community park (Lot 539) for public park purposes, The IOD for the proposed community park was offered by the Developer in order to replace the park land acquisition fee portion of the Park Acquisition and Development (pAD) fee associated with the Project and to satisfy a portion of Condition No. 90 of Resolution 19447, The twenty-two open space lots will be maintained by the future EastLake Trails HOA and the proposed community park will be maintained by the Developer for a period of one-year from the completion of the park to acceptance of the park by the City, It should be noted, however, that under Section 7050 of the Govermnent Code of the State of California, the aforementioned offers of dedication remain open and subject to future acceptance by the City, Required Infrastructure Condition Nos, 2 (portion), 2a, 2b, 2d, 2e, 2f, 2i, and 2j of Resolution 19447 established the requirements of the Developer to agree to construct and guarantee construction for specific on-site and off-site infrastructure improvements prior to approval of the Final Map which is now before Council. The infrastructure required by said conditions primarily included: 1.) improvements associated with providing access to the proposed EastLake Trails elementary school site (scheduled to open the first quarter of the Year 2000), 2,) improvements for Hunte Parkway between the proposed Clubhouse Drive and the future Olympic Parkway, and 3,) improvements for the portion of Olympic Parkway between SR-125 and Hunte Parkway. The obligation of the Developer to construct the on-site and off-site infrastructure improvements, as detailed in the subject conditions, has been met through the execution of a Subdivision Improvement Agreement and a Supplemental Subdivision Improvement Agreement, respectively. Construction securities for the material and labor and faithful performance of all the required street improvements was posted by the Developer from a sufficient surety, whose suffIciency was approved by the City, and in the amounts approved by the City, It should be noted that the street improvements and It{' ) -- -- Page 4, Item ILf Meeting Date 06/08/99 construction guarantees required along Hunte Parkway have been met through previous agreements and bonds previously executed and posted by the Developer, Olympic Parkw¡¡y In partial satisfaction of Condition No, 2 of Resolution 19447, the Developer posted securities to guarantee the construction of Olympic Parkway from SR-125 to Hunte Parkway (Station 242+50,91 to 322+87,16), The estimated construction costs for this segment of Olympic Parkway was based on the Feasibility Study En¡¡ineerin¡¡ Analysis: Olympic Parkway (dated January, 1999 and prepared by Kimley-Horn and Associates, Inc,) and was estimated at $11,875,424. Initially, the Developer partially bonded for a portion of the aforementioned segment of Olympic Parkway (from Hunte Parkway to the EastLake Greens westerly subdivision boundary) in the amount of $2,518,000 in order to satisfy previous agreement requirements and in accordance with estimates available at that time, The initial posted bond amount was credited towards the total estimated construction costs for the subject segment of Olympic Parkway and the Developer subsequently posted securities for the outstanding amount ($9,357,424), Pursuant to the Supplemental Subdivision Improvement now before Council for approval, the Developer has agreed to maintain the status of all the securities posted until City acceptance of the street improvement work, Miti¡¡ation Area The mitigation area for EastLak:e Trails and a portion of the mitigation area for Olympic Parkway (located within Lots Land W of the subject Final Map) have been approved by the Department of Planning and Building and the City Attorney's Office to be incorporated into the maintenance responsibility of the HOA to be formed for the EastLake Trails subdivision, By allowing the HOA to maintain the mitigation area, the City is required to accept the Conservation Easement now before Council over the entire mitigation area in order to comply with conditions set forth by the United States Army Corps of Engineers. Further, the structure of the HOA maintenance program for the mitigation area will be in accordance with the Detention Basin Maintenance Agreement now before Council and to be included with the CC&R's for the Project. The Detention Basin Maintenance Agreement also provides for the maintenance of the appurtenant drainage facilities relating to the detention basin north of Olympic Parkway, Grantin¡¡ of Easements and Maintenance A¡¡reement In compliance with Condition No, 73 of Resolution 19447, the Developer has requested from the City that the HOA be responsible for maintaining specific public landscaping improvements, The landscaping improvements include the medians and parkways on Clubhouse Drive, King Creek Way and Oak Springs Drive, Key points of the agreement are: L) requiring the City to grant easements for landscape maintenance purposes over those public areas to be maintained by the HOA and 2.) the HOA shall indemnify the City for all claims, demands, causes of action liability or loss related to or arising from the maintenance operations, City staff considers that the proposed agreement will guarantee the maintenance of the aforementioned public improvements, The City Attorney has reviewed and approved the proposed agreement as to form, I"/~'f - Page 5, Item I t.f Meeting Date 06/08/99 Satisfied Conditions and A~reements The Developer has satisfied Resolution 19447 Tentative Map Condition Nos, 1,4,5,6, 11,41, 42, 44, 50, 61, 67, 68, 69, 90, 91, 92, 93, 94, 95, 96, 97, 98, 99, 101 (portion), 103, 109 (portion), 113, and 117 through the design, grading and improvement plans, the bonding of work, the payment of all applicable fees, easements, agreements, and other conditions of project approval. The Developer has executed a Supplemental Subdivision Improvement Agreement in order to satisfy Resolution 19447 Tentative Map Condition Nos, 2 (portion), 2a, 2b, 2d, 2e, 2f, 2g, 2i, 2j, 7, 8, 9,10,12,13, 16, 18, 19,20,21,22,23,24,25,26,27,28,29 (portion), 30, 31, 32, 33,34,35,36,37,38,39,40,43,45,46,47,48,49,51,52, 53, 54, 55, 57, 58, 59, 60,62, 63,64,65,66,70,71,72,73,74,75,76,77, 78, 79, 80, 81, 82, 83, 84, 85, 86, 87b, 89, 100, 101 (portion), 104, 105, 106, 107, 108, 109 (portion), 110, 111, 112, 114, 115, 116, 118, 119, 120, 121, 122, 123, 124, 125 and 126, The Developer's Disclosure Statement is attached as Attachment 3, Any Tentative Map Conditions of Resolution 19447 numerically not accounted for from the aforelisted did not apply to the EastLake Trails South phase of development. Said missing conditions apply specifically to the north phase of development and will be accounted for at the time of approval of its associated Final Map. In order to guarantee the subdivision monumentation and benchmarks and the construction of all the required on-site public improvements for EastLake Trails South, the Developer has executed a Subdivision Improvement Agreement. FISCAL IMPACT: All staff costs associated with processing of improvement plans and final map will be reimbursed from developer deposits, Attachments: Attachment 1: Resolntion 19447 (Tentative Map Conditions) Attachment 2: Chnta Vista Tract No. 99'()3, EastLake Traits South SitelVicinity Map Attachment 3: Developer's Disclosure Statement [FILE NO. 0600-80-ET004F] June 3,1999 (8:59am) H:\HOME\ENGINEER\LANDDEV\CASTRAIL.GET 11, .Þ' --- .--" ATTACHMENT 1 -. RESOLUTII)N NO, 13~47 RESOLUTION Or: THE CITY CDUNCtL Or: THE CITY Or: CHULA VIST A APPROVII~S THE SECOND ADDEI~DUM TO ¡:SEIR 97-D4 (EASTLAKE T?AILS/GRE:ENS RE-PLANNING PROGRAM), INDEMNIFICATiON AGREE:MENT AND EST ASUSHING COI\IDITIONS or: THE TEI\!ïATIVE SUBDIVISION MAP rOR EASTLAKE .:rRAILS. CHULA VISTA TRACT 99-D3. I. RECIT ALS Ä. ?roject She -- WHEREAS. the arsa oi land which is The SUDJ~ct matter oi tnlS resolution ;s Diagrammatically represented in Exhibit A·1 through A-:;, copies oi which arB on file in the Office oi the Chy Clerk. incDrporated herem by Th;s reference. and commonly known 2S ='z.S"I~ake ïrai!s ïentative SLl~jìv:si:)n fJ¡aD, C'~\a \lisla ïra::t 33-03: and íor the purpose oi 9=:1:;-al description herein CO~S!s:s oi 322.3 ~TC5S 3i:reS i:¡::aï:ed on the eE51 side 01 !-iunte ?a:-Kway belV\/een Otay _Lakes Raaa and the 7U'7ure alîgnr:r~:l1 oi Olympic ?arkway. within t;,e =2S71ak.e ?:an:1ed CommuniTY ("?r:>je::1 Sn:;"'): 3:ì:j .- - - ?r:>ject; ,!:..~pliCãlIO:l í:>r :J~5::"e-:IO¡la;v ;"·P;J;,"~V3! _. V\':-i=2=.AS. on ûCi:ober 3. í ?.33. ï:-!= ~.:::s;:~ai:e C:JiTI;Jö;:Y (":>eveloper") filed a tentative subdivision map application wiTh -¡he ?¡annin~ and 3uiidi:1g Department of 'the CITY of Chula V;s¡a reques¡ing approval oi the Ten:ative Sut>:iiv;sion f\f¡ap tor E2stlake Trails, Chula Vis¡a Tract 99-03 in order TO sub:iivi:ie The ?roject Site into seven hundred forry nine (749) æsidemiallDts; iour super lOTS wi,h capacity ior 394 dwelling unhs; Three (3) open space lots (05-1 ï:hrough 05-3), three (3) :Jark lots (P- 1 'through ?-3)' school site (5-1); community ;JCJrDCSe facility site (CPr); and vaClo'-'s sDeciallD:s (i.e. slope 101S) Throughout The subdivision ("?wjecl"); a:od C, ?rior Dis:::retionary .!:..;J;J~:'\f~:S \'VHEREAS. 'the de\Ielapmern 01 the ?rojeeï. 5i1e h2sbeen The subject matter 01 various e~,¡hlements and agreemen:s, 1:ì:;I:.Jdi;)~: i) a General DevEdopmen1 ?ian, EeS'tlake II (Eastlake I ~x;¡ansion) General DeveID;J:"':1e:'ll ?:an p:evÎ:H.;Sly appr8ved by City Council Resolution No. i 5, 93 ("GDP") and amenDed:-y Cq' CDu:ocil ::;e5DI"'t;0:o '~D. i 9275 on NDvember 24,1998; 2) ~e Eest!ake Traiis SecliDnal ?:S:ìning Area ?¡an ("S?A"); 3) Eastlake Trails Air Quality i:ïl;JiDvement Plan (AQ¡P); L) ~.:::s1¡ak~ irai!s \'\':r:er Conservõli::m ?ian (\,\/C?); 5) Esstlake ïrails ?la:1r1ed Communi7y Disnict ~~g:J¡a-¡ioi!s: 5) ~asï:¡ake ïraiis Design Guiòeiines; 7) Eastlake ïrai:s Public Facilities Financing ?ia:ì; and E) ::8s'LJake Comprehensive Affordable Housing ?ro;;!ram. all previDusly apprO\'ed by Ci¡y CDClncil ::;esDlutiDn hiD, i 9275. and Ordinance 2755 Dn NDvember 24, 1998; 8) Eas;:lake III Development Agreement. approved on rebruary 27, i.?93; and 9) EêSllake Park Ag!"eeme~rr. a;Jp~:Jve:j D:ï Aug;..:st 3. i 938; 1 D) Escrow Agreement. approved 0" ¡v;arch 26. 1995; an:; :¡. ?~a:1nin2 C:1:"':lm~$sí:J:ï =\~::Jr: :J:î .!..:¡:)ii::aiI8:l /' ¡j,/ i /~-þ - =\"Sohltion 19447 ?a2~ 2 .... WH::R::AS, the Planning Commi£sion held an advef1ised public hearing on the Project on April 28. 1999 and, after hearing staff presentation and public testimony, voted ( - ) recommend that the City Council approve the Project. in accordance with the findings and subject 10 the conditions listed below. -, City Council Record of Applications - . WHEREAS, a duly called and noticed public hearing on the Project was held before the Ci:y Council of the City of Chula Vista on May 4. 1999, on the Project and to Teceive the ,ecommendations of the Planning Commission, and 10 hear public testimony with regard to same; and - - WHE?::AS, the city clerk set the tir.1e and piace ior a hearing ·on said tentative subdivision map application and notice 'Of said hearing. together with r-L5 purpose. was given by Í"'L5 publication in a newspaper of general circulation in the City. and its mailing to property owners within SOD ft. of the e>."terior boundary of the project a1 least 'ten days prior to the hearing: and WHEREAS, ,he hearing was held at the time and place as advertised, namely 6:00 p.m. IJiëY 4,1999. in the Council Ct-.ambers. 276 Fourth Avenue. before the City Council and said ~sarin~ v..'êS ther~'p 0::r clcsed. - NOW. ïHEREFOR::. BE iï RESOL VED t:oat the City Coun::il does hereby find. determine and resolve as follows: II. PLANNING COMMISSION RECORD The proceedings and all evidence introduced before the Planning Commission at their public hearing on the ?roject 'held on April 28, 1999. and 1he minutes and resolutions Tesulting 'therefrom, are hereby incorporated into the record of 'this proceeding. HI. PREVIOL'S EIR-97-04 REVIEV\'ED AND cor6IDERED: FINDINGS; APPROVALS ïhe City Council of 'the City of Chula Vista has previously reviewed. analyzed, considered, and certified FSEIR-97-04 (Eastlake ïrails I Greens Replanning Program). IV. COMPLIANCE WlïH CEOA ïhe Environmental Review Coordinator has determined that any impacts associated with -::he propcsed temat;ve subdivision map have been previoL:sly addressed :by FSEIR 97-04 {Eastlake ïrailsl Greens Re-planning Program) and has. therefore. prepared an addendum 10 said ElF'!. Refined information available since compietion of the EtR Tefarding the potential environmental impacts oi the project does not show chat the project will have one or more Si9nificant'impacts which were not previously addressed in the Final EIR.ïhe Addendum has t>een prepared in accordance '^tTth requirements of -rhe California Environmental Quality Act. S7Eïte ~R Guidelines and lhe Environmental Review ?rocedures 01 the Crryof Chula -Vista. ./ INDE?EtIi:>Eh:ï JUDGrJlEt\.'ï Oë ClïY COUIJCIL \. Z J# JÝ--? ---. ResolU1ion 1 944 7 '4 Page 3 The City Council finds that Addendwm to rS::IR-97-04 reflects the independent judgment of the City Council of the City of C:-'ula Vista and hereby adopts the Addendum to FSEIR 97-04 (Eastlake Trailsl Greens ReplanCling Program). VI. TENT ATlVE SUBDIVISION MAP FINDINGS A. Pursuant to Government Code Secti:", 66473.5 of the Subdivision Map Act, the City Council finds that the Tentative Subdivisi:m ¡J;ap as conditioned hsrein for Eastlake Trails, Chula Vista TTact No. 99-03 is in conformaClce with the eiemems of the City's General Plan, based on the following: - - a. Land Use The Eastiake Trails SeCtional Planning Area (SPA) plan provides for Low (D-3 du/ac), .Low Medium (3-6 dulac). and ¡vledium (6-11 dulac) residential densities, as well as Parks [P). Open Space (OS)' Public Quasi-public support (PQ) land uses for 1143 dweliing units (5.1 dulac,). The proposed subdivision incorporates B variety of lot s:zes wl,hin The density range allowed by me SPA and other lots to satisfy me ;;ark dedica,ioCl and Communr.y Purpose racilities (CPr) requirements, Thus. :-he ?r ojec1 2:S ::oíldiï:ioned. is in substamial - compliaDce with the =2stlak: :! ,:;D? and ~=5-¡~ake Trai!s S?A. - - b. Circulation All on-site and off-she public streets requITed to serve the subdivision will be constructed or Dlr fees paid by the developer in accordance with the Eastlake Trails Public racilities Financing Pian, The public streets within the Project will be d;;:signed per City design standards and/or Tequirements, The westerly adjoining street system was designed to handle the anticipated flow of traffic from this and other area projeCts. The TeQuired and anticipated off-sr.e improvements wowld be designed to handle this Project and future projects in :he area. c. HousinQ The Eastlake Comprehensive Atfordable Housing Program has been adopted and incorporated into the Eastlake Trails SPA Pia:110 ensure that a minimum of ten percent affordable housing is provideël. In addition, a mix of housing wpes and lot sizes for single-family, townhouses, condominium and various apartment der.si'ties will a!sD be p:ovide:j í or persons oi various incomes. d. Cons;;:rvaTion The =nvironm;;:ntal Impact i'\e;:¡,'" ¡:S=I:=ì·37-D4 and Adëlendum addressed the goa!s and policies of ï:,e Co:"':s=~va,;r:J:l ::Ier.ìsn"t of :he General ?Ian and found The development oi this si1e 10 be c;:¡nsis¡ern with these goals anël policies, 3' 1'1--( ?esoluti on 1 3£.4 7 ?age 4 -4 e_ ?arks and i1ecreation. ODen Space The Eastlake Trails Tentative Subdivision Map provides a community park. community center, private swim complex and regional as well as community trails consistem with the General Plan. Eastlake II General Development plan and Eastlake Trails goals and objectives. . . i_ Seismic Saietv . , The proposed subdivision is in coni ormance with the goals and policies oi the Seismic Elemen1 01 the General ?!an "for this she.. . g. 5S1B¡V The ;:ire Departmem and other emergency service agencies have reviewed the proposed subdivision ior coniormanœ with City saiety policies and have determined that :the proposal m~!s the City Threshold Standards ior emergency services. h. Noise .- - - - hloise mltiga;:ion measures included in the EnvirOClmental Impact Report ;:SEIR- 97-04 and Addendum adeQua;:ely address the noise policy oi the General Plan. The project has been conditioned to require that all dwelling UClits be designed 10 preclude jmerior noise levels over 45 dSA and exterior noise exposure over 55 d3A for all outside private patio areas. I. Sc:mic Hiohwav The project site is located adjacent to designated scenic highways ¡Olympic ?arkway and Otay Lakes Road), An average 75-foot wide landscaped open space butier and a decorative wall will be provided along these tw 0 edges and exteClded along HUn1e Parkway.. J. 3icvcle ROU1es 5icycle lanes have been incorporated within the Eastlake Trails design and will be connected to the existing Eastlake Greens S?A bicycle lane system. In addition. the public streets within The projeC1 are of adequate width to a~commodate bicycle travel within ¡he Înterior 01 the subdiv:sion. k. ?ublic 3uildinDs No public buildings are proposed on the project site. The project is subject to RCT fees prior to issuance of building permi1s, 3, Pursuant to Section 66412,3 of the Subdivision Map Act. Ihe Council certifies that iI has considered the effect of this approval on t~e t10using needs of the region and has :ïa:an~;d those ne.eds agains1 the public :=:er\'ice 7!eeds of the residents 01 -¡he City and the ën.:ailable fiscal and ;~vlronmen:aJ res:n.JTCBS. )f d;-f-l? /y'~ ~. Resolution 19447 -4 Page 5 C. The configuration, ori:mtation and topography of the site pan:ially allows for the optimum sening of lots for passive or natural heating and cooling opportunities as r€quired by Government Code Section 66.1,73,'_ D_ The site is physically suitable for residential development and the proposal conforms 10 all standards established by 1he City for such projects. . . E.. The t:onditions herein imposed on the grant of permit or other emitlement herein contained is approximately proportional both in nature and extent to the impact crea1ed by the proposed development. B:: IT FURTHER rìESoLV::D ma11he City Council does hereby approve the Project subject 10 the general and spacialconditio"s set forth below, VII. GENER,II,L CONDITIONS OF ,II,?PRoVAL A. Project Site is Improved with ?roject Developer.. or their successors in in1sreS1. shall improve lhe ?roject She with the ?roject as described in Tentative Subdivision Map, Chu:a Vis-:a Tract 93-03 and r=SEIR-97-D4 an:G!.ddendum, excep! as modified by 1his Resoluti on, 3. Implement 1II!itigation Measures Developer shall diligently implement, or cause the implementation of all mItIgation measures pertaining 10 1he ?roject idemmed in the Final Subsequent Environmental Impact Report for Eastlake Trails, FSElR-97-04 and Addenëfüm. Any such measures not sa1isfied by a specific condition of this R€solution or by 1he project design shall be implemen1ed 10 1he satisfaction of me Director of Planning and 3uilding_ Mitigation Measures shall be monitored viaï:he Mitigation Monitoring Program approved in conjunction with 'the FSEIR and Addendum. Modification of 'the sequence of mitigation shall be at the discretion of the Director of Planning and 3uilding should changes in The circumS1:ances warrant such revision. C. Implement previously adopted conditions of ap;:>roval pertinent to project .. 'Unless oTherwise conóitioned. comply. remain in compliance and implement, the terms, conditions and provisions, as are applicable 10 The property which is The subject maner of this Tema1ive Map, of: ,) Th€ Eastlak€ II General Development ?Ian (GDP); 2) Eastlake Trails Sectional Planning Area (SPA) Pian; 3) ::astlake Trails Pianned Community District Regulations; !,) =:astlake Trails Design Guidelines; 5) ::2S¡:3ke T,ai!s ?ublic ¡:acilities r=inancing Plan; 5) Eastlak€ Trails Water Co"serva1ion Pian; 7) ::astlake Trails Air Oualiw Improvement Plan; B) Eastlake Trails Sub-area W¡¡ter tviaS1:er Plan; and 9) Eastlake Trails Waste Wa1er Master Plan, all approved by the Council on Novem:>er 24, 1999, Resolution No, 19275 ("Plans"). prior to approval of the corresponding r=inaI1J13P, As an at'lernstive. "the ::>evel::Jper shall enlered into an agreement wiLh the City, prDviding the City with such security (including recordaTion of covenants running with the ¡and) and implemen't8tion proce::iu:;s êS the (¡'LV !T,ey ~e:J:.Jire. Also assuring that, after 3P;>roval of the rinaltV\ap, the deveio:>er will CD;1,:î'l~e 10 C:H;,ply, remain in compliance, and im;:>iement s:Jch ?Ians. ïhe De\'e):J~=r shall a!so ó;r== 10 \r,,'aive any claim thõt the adoption 6' It(' I/J ?ssolution j 344 7 ?a~e 6 '. of a final Watsr CDnservation Plan or Air Quali1y Plan CDnstitutes an imprDper subsequent im;>osi1ion 01 'the condition. J, Implement Public Facili1ies Financing Plan Developer shall inS1all public facilities in accordance wiTh The Easrlake Trails Public ~acilities Financing Plan as amended Dr as required by The City Engineer to meet ThreshDld sö:andards adopted by The City Df Chula Vista. The City Engineer and Planning and Building Director may. at their discretiDn. modify the .sequence of imprDvement constructiDn ShDUld c::>n:iitions chan~e 1D warra;-¡1 such a revisiDn. Design Approval - -. - The Developer shall develop the IDtS in accordance with the Eastlake Trails Planned Community District Regulations and Design Guidelines and all single family lots less than 5.DDO SQ. tt shall be submitted for review and approval under The City's Design Review ;>rocess prioTto submittal f or building permits, VIII. SPECIAL CONDITIONS O~ APPROVAL The foliow~n~condrtio~s of approval are based on two ¡:inal rv'óaps Dr develDpment p:-.2ses. ,^,hi:::h are hereinafter referred 10 -?os "ïilitial ?hase" and the "Remaining Phase." Unless Dtherwise specified. all conditions and code requiremenTs listed below shall be fully completed to The City's satisfac1ion prior tD approval Df the Imtial Phase ¡:irst ¡:inal Map. SïREEïS. RIGHïS-OF-WAY AND PU3L1C IMPROVEMENTS , , Provide security in accDrdam:e with Chapter 18.1 Ô of the Municipal CDde and dedicate. and CDnstrue! full street improvements for all public Streets shDwn Dn the TenTative Map within the subdivision boundary or off-site, as required for each phase in accordance with Chula Vista Design Slandards. Chula Vista Street Standards, and the Chula Vista Subdivision Mantlal, unless otherwise approved by the City Engineer. Said improvementS shall include, but not be limited to. asphalt concrete pavement, base, concrete curb, guner and sidewalk, sewer, reclaimed water and water utilities. drainage fa¡;jlities, street lights, traffic signals, signs, fire hydrants and transitiDns to existing imprDvements in the manner tequired by the City Engineer_ All streets shall confDrm tD 'Ihe City's Street Design Standards PDlicy adopted by City CDuncil ResDlution ND. 15349 unless otherwise c::ondi!iDned or approved by the City Engineer_ (Engineering) 2, C onst:ruct or emer into an agreement to construct and secure the full street improvements or temaining st:reet imprDvemen1s outlined in Table" A" below. The City Engineer and DirecTor oi Planning and 3uilding may,. at Their discre1ion, modify the sequence. schedule, alignment and design of improvement constructiDn should condiï:jo~s change 10 ",'arrant such a revisioi1. L :;l I ý- /1 Xf ~ ~/ - ResDlutiDn 19447 ... Page 7 T ABLE A STREET IMPROVEMENTS 'A:Um' 1=A..""UJTYI ""'..,. AORIŒ TO CDNSTRUCT AND cuARANTEE .... sm£I:'T NAME" t::Þ~Uc:TID" B'r I , Clubhouse. Hume Parkway 10 Sneel .. A" First Final Map Drive Initial Phase I . 2 Ctubhouse Strt::f!1'" A'* 10 'f.aST~riy 1f~!'T'!'lìiU.$ wí,1'1 -FirS'( Final Map Drive S'tf~-B· Initial Phase I 3 Hume D~av_l-akes Roa~ 10 CI:.J:>nows~ I First Final Map Parkway Dri\'~ Remaininç¡ Phase I 4 Hume I Clubhouse Drive 'to Oak Springs I First Final Map Parkway Drl\'~ Inilial Phase I 5 Hume I Dak Springs Driv~ 10 Olympic I First Final Map Parkwav Parkway Initial ?hase I 5 Olympic I SR-125 10 HU~:f ParkwEY I First Final Map Parkwav IniTial Phase ..- I 7 I Olympic I H~ll1e ?a~kway -.0 V\'u~:>H: R~jêld I U110~r constru=tion. CDmpl~ion - - Parkwav date ;:~brua!'v 2001 I B I Dray Lakes I ¡';ume Parkway 10 e~S1~rly I First Final Map Road subdivisior. n:lum::¡:¡rv M.2rr.aininç¡ Phase I 9 511""'- "'- Clubhouse Df1vt 10 Slr!:=~' ~L" I First Final Map ¡nnial Phase 10 S1reet - A - H:.m1e ?arkw?y 1"0 Snt:~1 .- A'" First Final Map Ini'tial Phase a. FACILITY NO, , CDnstruct Clubhouse Drive 10 ,he designed full-width sneet imprDvemems. as apprDved by the City Engineer. and include an 8-f.oot meandering decomposed granite walkway Dn ,he north side Df the street and an 8-fDDt meandering concre,e walkway on ,he s::>:JTh side Df The street. The timing for completion Df improvement CDns-¡ruc¡ion shall be pri::>r ¡:> ¡he Dpening Df the proposed Eastlake Trai!s elememary s::h::>ol siie whi::h is scheduled 1D Dpen the first quarter of the Year 2000, (::ngineering) b, FACILITY NO.2 CDnstruct Clubh::>l'se Drive 10 ¡he designed full-wid,h sneet imprDvemems. as apprDved by the City Engineer. and include an 8-! DDt meandering de::DmpDsed grani1e walkvV2Y on the nor:h 510= 01 !~e 5L!ee1 and an 8-100t meandering concrele walkV\'ay on SOLJth side of -¡he street. (=ngineering) PÍ /tj-/~ - ?ssolution í 3447 ~a;¡e 8 ... c, FACILITY NO.3 Construct the missing street improvements along Hunte Parkway from Otay Lakes Road!o Clubhouse Drive. ïhe missing s¡reet improvements shall include the necessary grading and cons¡ruction required to provide :for an 8-fo01 wide meandering concrete walkway on ,he eastern side of Hunte Parkway and any other street improvements.:determined to be necessary by the City Engineer_ Any additional street right-of-way required to complete said improvements shall be granted 10 the City prior to approval of the Initial Phase first Final Map. (Engineering) d. FACILITY NO.4 - - Construct the missing street improvements along Hunte Parkway from Clubhouse Drive to Oak Springs Drive. ïhe missing street improvemerrts shall include the necessary grading and construction required to provide for an 8' wide meandering concrete walkway on the eastern side of Hunte Parkway and a:lY other street improvemems determined to be necessary by the City =ngineer. Any addi,ional stree1 right-of-way required to complete said improvemems shall be gramed 10 the City prior 10 approval of the Initial Phase firS!. f~-.al map. ,he timing for CO:Tqletio:l of im::>rovement construction shall be ;Jrior 10 the opening of- lhe ~2sr¡3ke ïrails elementary s::hool site which is scheduled to open the first quarter of the Year 2000. <Engineering) e. FACILlïY NO.5 Construct the full-width street im;:>rovemems for Hunte Parkway from Oak Springs Drive to Olympic Parkway. Improvement plans for the subject portion of Hunte Parkway have been submitted and ap;:>roved by the City. ïhe City of Chula Vista drawing numbers correspondingtothe street improvements are 90- t 030 through 90-1 037 and 31-~4 through 31-57. The bonds tor material and labor and faithful ;:>erformance for the two sets of drawings were posted by American Casualty Company of Reaóing. Pennsylvania. and the bond numbers corresponding to t:he two sets of drawings are 158541802 (July 23.1998) and i 58541783 (July 23. 1998). respectively. (Engineering) f. ;=ACILlTY 1\10. ij CDiîS7Tuction of Olympic Parkway from 5R-125 to Hunte Parkway shall C::H''i1¡:')~mce wi~hin lV'./elve mon~~s ~f ï:~e com;>!e:í:m of co::sï:Tuction phê.se I, II, a:ld III at Olym;:>ic ?arkway, or by JJ:arch 1, 2082, whichever occurs later. The C~y may, upon v\!rinen request by 7:--te Deveio;>er. use its pOV\fer of eminent domain to acquire the right of way for Olympic ?arkway OU1:sióe the EastLake ;JfOpeTTy ownership, The developer has entered into an agreement v\,tith 1he City. datedWlay 25. i 333. whereby the Developer agreed i: 0 construC1 the ultimate full-width street ì;71provementsíor Olympic: ?arkw2Y {=:~st Oran2e Ä\fenue) from Hunte Parkway -;:0 the westerly subdivision bD~n:::aiV of the =ê.s7Lake Greer.s subdivision. ConstrUClic)r1 SE:c!Jij:y for rr,a:ei¡~1 ?:ï:) :ë.bor find ~aÎth"iul performance íor said % ~ / ;/-- 1;5 - Resolution, 9447 .. Page 9 stre!'!! improvements was pos:ed by American Casualty Company of Reading, Pennsylvania on May 2" , 393, and The bond number issued TO The securities is'58541752 An approved set of improvement plans for the subject ultimate street improvements does not currently exist, however, approval of such plans is amic:ipated in ,he near future. Due to the absence of approved plans, a contingency factor of 50% was added to the estimated cost of The subject street improvements and this contingency was accounted for in the posted bond amount_ (~n9ineering) . g, ft>.CILITY NO.7 - Olympic Parkway wžs initially designed, as an interim condition, to be a four- lane TDadway trom Hunte Parkway to Wueste Road. Construction security for material and labm and faithful ;>erformance for the four-lane improvements was posted by American Casualty Company of Reading, Pennsylvania on July 23, '39B, and a Co~ruCTion Permit for the improvement work of the interim condition was issued on November 5, ,993, The City of Chula Vista drawing numbers corresponding to said securities and ConstruCTion Permit are 9,-44 through 3,-57 and The bond n:Jmber issued to the securities is ,5854,783. - Subsequen1 10 :he irr:erim ~:J:"H-¡n1ìe rca:h~'?y design approval. but prior 10 - - commencement of any iour-:ane imprl)\'ement work, a Construction Change was parformed on ,he aforememioned drawings that resulted in ,he ultimate design of Olympic Parkway as a six-lane prime arteria!. The additional costs associated with constructing the six-lane roadway was secured separately by the same surety company on February 4, ,999. The bond number corresponding tD ,he material and labor and faithful performance of the additional improvement work is ,5854,B78. It IS anticipated that a Construction Permit for The six-lane improvement work will be issued in ,he near future. Any right-of-way needed 10 construct this pDrtion of Olympic Parkway shall be granted to the Ci~y on ,he first Final Map oi ,he Initial Phase_ The meandeTing decomposed granite walkway proposed along the frontage of the Eastlake TTai!s southern boundary (northern side of the Olympic Parkway centerline) shall be , C)-1eet wide, IEngineerin9) h. t'ACIL\TY NO 3 Construct Otay Lakes "Dad as a 1:JII-width six lane prime arterial along the .. . h - , ïr::!iis r\()n~l=rn subdivision bDundary with enTire nDn¡8g~ 01 71': =.ES1::'t~e transitions 10 lh: €xis:i;1;¡ roadw2Y e2s~er!y of :he €êSiern subdivision boundary. All off-she and on-she right-of-way needed to construct the eastbound lra~sìtion and the ~..Jlli;rIEle s¡rE:et ir.lp:ovemen:s. respectively, shall be granted prior to approval of ,he Remaini"'g Phase first t'inal Map, The schedule for c::msnuc1io:ï 0; :~= a:'~\'= impfovemen".:s shall be deiermined Dr approved by 'the Ci"ty ::ngineer :>rl::>r~:J é:JprDval 01 the aíorementioned final map. Þf ~ /'1'1'/ - ?~sDlution i 3447 ?a;¡e 1 0 -4 The proposed meandering sidewalk along the ::'astlake Trails northern boundary (south side of D1ay Lakes Road) shall be concrete and 8-foot wide. The construction of the proposed sidewalk on the north side of Otay Lakes Road lalong the limits of the subdivision boundary) shall be deferred until development occurs along the n:Hth frontage of D1ay Lakes Road. (Engineering) L ï=ACILlTY NO, 9 . Cons'tTuC1 Street "A" 10 the'-designed full-width street improvements as approved by ,he CiTY ::ngineer. The timing for completion of improvement construction shall be prior to ,he opening of the proposed Eastlake Trails elementary school si,e. which is scrrèduled to open the first quarter of the Year 2000_ !Engineering) J. ï=ACILlTY NO.1 0 Co~struct S'tree1 "L" 10 the designed full-widIh street imprDvements as app:ro\fed by 'the City Engineer. ïhe "timing i::n completion of improvemerrt c:ms1Tuction shall be prior to the opening of ,he proposed Eas,lake Trai!s "iemen,ary S:hDDI sile, which is s:hedu!ed 1D ODen the first quarter of the Year 2apQ: (Engineering) .. 3. ?To vide tranic contrDI devices, as required by ,he City Engineer. fur the roundabout Street "MM." !Engineering) ~. Design all cul-de-sacs proposed to be a maximum of 150-feet in length to have a minimum curbline radius of 36-feet and a minimum right-of-way radius of 46-feet. The 5.50-foot Street Tree Planting and Maintenance Easement shall be granted throughout the cul-de-sac. !Engineering) 5. Design, to ,he s31isfaction of Ihe Ci,y ::'n;¡,C1eer. Sneet" GG:' Court "D" and Court "E" to preclude on-streel parking on one side. :Engineering) D, Submit and ob,ain approval from the Director of ?Ianning and 3uilding and the City Engineer for all street names. No twO intersections shall have the same street name and street name suffixes shall comply with Ci,y standards. (Engineering, Planning) 7, ?rovids. t::> the sôtisfac'tion of the Ci-¡y =ngineer aC1d riTe Chief. adequa,e pedes-::rianlv~hjcu¡ar stree1 improvements ~ aT access 10 the school si'te prior to the openin,;¡ of the ~a$t:ake Trai!s elemen:ary sC7ì~al. w71ìch is scheduied to open The first Quarter of The Year 20DO. The impTDveõ.ìen"l.5 shall in::lude. but no! be limited to. the following: a. All signs and markings ¡elai.ed iO the ;>roposed elementary school. b. Pedestrian cfossin:;¡s .across Hunie ?arkwsy at King Creek VI/ay. Oak Springs :Jrive and Clubhouse Drive. ~. C::J7ìr;:-e1e sldevvalks fiID~;; ~7l~I;e =,~·!~e:er :¡f :~te e!enenï:aiy school sileo ¡() pþrt /{.,If' Resolution 19447 -4 ?age 11 d. Paved roadways along the entire perimeter of the proposed elementary school site to allow for two-way traffic and comply with the Fire and ?olice Dep6rtment requirements. (Engineering) a. Obtain approval from the CitY Engineer for street light locations. (Engineering) 9_ Construct sidewalk' widths and pedestrian ramps on all walkways to meet Dr exceed the" Americans with D!sabilities Act" (ADA) and City standards. (Engineering . 1 D. Obtain approval from the City Engineer for the òesign and construction of raised medians on Otay Lakes Roal;!, Clubho,-,se Dri,'a. King Creak Way and Oak Springs Drive in conjunction with improv9ment plans for each of these streets. (Engineering) 11. ?rovide a letter from the Otay Water Distr;C1 indicaling thal the subdivision will be provided with adequa1:e vva1er servise and long 1e.rm water storage facilities. (Engineering, Planning) 12. Design and construct all street interse::t; ons that are al or near horizontal and ven:ic61 curves to meet the signt distance requiremems qrascribed in ,he City standards. - !Engineeringl - - - 13. Provide minimum 5·io01 v\"ide bicycle ianes on the ~o1io~'in9 streets: a. Oak Springs Drive - irom Hunte Parkway 10 Sueel "A," b. King Creek W6Y - from Hunte ?6rkway to Street "33" I Street "CC:' c. Clubhouse Drive - from Hunte ?6rkway to easterly terminus at Street "3." (Engineering) 14. Acquire and then gram to ,he City all off-site rights-oi-way necessary for the installation of required 57reat improvamams for ,ha aHectad phasa prior to approval of the corresponding Final Map, !Engineering} j 5_ Notify the City at leasl sixty days prior 10 Crry Co:.Jncil consideralion of the atfecled ¡:inal Map, if off-site right-of-way C6nnOl be obt6ined as required above (Only off-site right-oi-way or easements aHecled by Sec1ion 55452.5 of the Subdivision M6P AC1 6re covered by this condi1ion). Atter s6id nOlific61;on and prior 10 ,he 6pprov61 of the affected FinallJlap. the developer shall: 6, ?ay the full C8S1 :¡f aCQ:.JÎring :)~i-si:e ¡i9;-·n<)f-\."~·ay or easemen'ts required by 'the Tent6ti"e Map cOf1ditior.s of apqroval. b, Deposit with 7h~ City 1he f::s:ima:ed C~S1 :>í acqwiring said right-of-way or easements. Tha 6mOUf1t of ,ha DepDs;t :s sClbjacl10 the approval of the City =ngineer. c. Prepare and submn all Ezser71en1 an::1 ':>r ':"i~~Y¡-Di-V\'zy documen:s. ?la"Ls and appraisa!s neCeSS3;y ï:> CO:T\:-:le:-1S~ c:J:-\:!eî.ì:-,E:i:>n ?~oceedi:-1;s. ß ~ /J//.I- - :=,,,sDlutÎDn j 3447 :=a;:¡e 12 -4 If the develDper SD requests. the Ci1y may use its pDwer Dieminerrt dDmain tD acquire right-Di-way. easements Dr licenses needed iDr Dff-site improvements Dr wDrk related tD the tentative map. The develDper shall pay all CDStS. bDth direC1 and indireC1 . incurred in said acquisition, Ii the City does not acquire or commence proceedings for immediate possessiDn of the prDperty wirhin the 12D-day time lilnitatiDn specified in Section 564525 of the State Subdivision Map Act. Ihe condition to construct the related off-siteimprDvements. which fall under the purview of the abòve mentioned Section of the SubdivisiDn Map Act. is waived. /Engineering) ~ 5. COr'.struC1 a temporary turnaround or stree'"t- improvements. as determined .necessary by the City Engineer and ë'ireMarshal. at the end of tem;>orarily stubbed streets greater than 15D-feet. in length (as measured from the nearest centerline intersectiDn). (Engineering) 17, ?rDvide an interim eas¡bound deceleratiDn lane along D7ay Lakes Road for the entrance tD park site i?-3) CDncurrent with the cDmpietiDn Df ?-3 ifthe ultimate sDurh half street imprDvemems for Otay Lakes ñoad are not cDmplEled at that time. (Engineering. ?Ianningl - - 0 ?rovide mtenm traffic con~rDI-devices. 2S required -by the City :ngineer. 10 detour ,~. pedestrian traffic: ID the neareS! street crossing ii a signalized pedestrian crDssing is not - available when the greenbelt Irail is cDmpleted and connected tD Otay Lakes Road and Olympic Parkway. !Engineering. Planning) ¡3_ Design and consLTuct.1othe satisfaction 01 the City Engineer. the existing sueet center lines. travel lanes. striping and curb lines Df NDrth Greensview Drive. SDurh Greensview Drive and ClubhDuse Drive within Eastlake Greens tD align with King Creek Way. Oak Springs Drive and the eX'tension of C¡~bh:)L.:se Dri\I= within the Eastlake Trails subdivisiDn. respectively, (Engineering! 20, Design and CD~struct the lane reductiDn transitions -'llong ClubhDuse Drive. King Creek Way and Oak Springs Drive within Eastlake Trails to the satisfactiDn Df the City :ngineer. (Engineering) 21. Install. tD The satisfactiDn Df the City Engineer. street lights on traffic signal pDles et The intersectiDns Df Hunte Parkway with CI:.Ó;'ouse Drive. King Creek Way and Oak Sp~ings Drive. Ii tra-::fic si;;¡na!s are not required a't these inlerseclions. install standard 5:re81 jj;1hti;-¡;¡ f:X1u~es. fE!ì2ineerin;;J 22, Design and co~s¡ruct un:iergrDund traffic signal equipment and traffic signal standards at the Jo:::atio;¡s de1Ermined by the City =ngi:îeer. (Engineering) :;;:;ADING AND D;:;AINAGE 23. Submit hyorolO9ic an:J hydr¡¡ulic .stu::iies a,,:J cal:::u;stior.s, inclu:Jin9 dry lane calcuJaï:ions 1:Jr all public StreelS. Cal::u;s~¡:J:-:s s~all a:50 be provided 10 demonstrate t:re adeQ:.;acy 01 dovv::st~eam orair,a;;¡e s~r;';::lJ:'"~S. pj~es and inle:s. {EngineeringJ ø lf~·f /{- /7 - Resolution 19447 ... Page 13 24. Accomplish storm drain design on .he basis of .he requirements of the Subdivision Manual and me Grading Ordinance (~1797 as amended!. (Engineering) 25. Provide graded access 10 all storm drain clean outS or as otherwise approved by ,he City Engineer_ IEngineering) 26. Design me .storm drains and other drainage iacilities to include Best Management Prar::tices to minimize non-point source pollution. satisfar::tory 10 the City Engineer. (Engineering)" 27_ Designa.e on me plans as priva1e, 10 the point oi conner::tion with the public system, all .storm drain systems ;:hat collect wa1er from private property. (Engineering) 28_ Design and construct storm drain clean outs to not be located on slopes or in inaccessible areas ior maimenance er:¡uipment, (Engineering) 23. Designa.e êS priVa1e and maimain by a Home Owner's Association the storm Dram between lots 117 and 11 B in neighborhood ïN-3. Include in the CC&R's conditions and restrir::tions to assure proper maimenance. !Engineering) 3D.::- Design and CODstruct all pcJblic storm drains as close to perpendicular to The slope contours êS possible but in no csse greener than i 5 degrees irom perpendicular to The COnTours_ (Engineering) 31_ Designate as priVa1e Bnd maimain by a Home Owner's Association all storm drain clean outs carrying private property w~ter ~nd determined by me City to be in areas inaccessible for maimenance equipment. Indude in the CC&R's conditions and restrir::tions to assure proper maintenance_ (Engineering) 32. Design and construr::t brow ditches to not flow over a slope greater Than ten-feet in height and steeper Tt-.an a 3:1, Drainage shall be collected in an inlet and carried to the bonom of the slope in an underground storm drain. (Engineering) 33. Provide runoff detention facilities Dr demonstrate the adequacy of existing detention facilities. to be approved by The City t:ngineer. to assure That the maximum allowable discharges after development do not exceed pre-development discharges. ïhe developer also needs to provide for :he iuture maimenance of the iacilities via the landscaping maintenance district. !EngineeringJ -- Design and construct local ",orm drain sy",em 10 prevent discharge into the proposed .::--- private park lake (Jut P-2!. !Engineering) 35. ?Tovide energy dissipators at all storm drain oUTle1s as required by The City Engineer to maintain non-erosivE ii:>w velocities. (Engineering) -- Request, if necessary, ,hat The ¡:eder~1 =merge:1cy lv"1>nagemem Agency IFEMA) revise .:>~. the etf~cti\'e r=lood Ins!Jr3nce~:ne h/¡=p iF¡:;!.J!) and Fi0CJd Insurance Study (FI5) report "for The area influencEd by ï!'1e =êsl:ake irai!s prDj=Cl. _A revisÎon may be warranted 'tor the project area due ,0 '''':J'ovemen:s tD SalT C'e:k and The possibiliTY Df propose'd residential units iaT ïh~ ;J~:>i=ct :~;:=;,:;y b:::in;¡ shown 'f\'ithin a ilood ZO:ìe. !Engineeringl ÞŠ l'i-It{ - ?'::sDlutiDn j 9447 ?age 1 4 -4 37. Design and cDnstruct the imprDved access e)(lending easterly frDm IDt P-2 tD the easterly subdivision boundary so that access is not impeded for pedestrians and vehicles due t D upstream runDff. Potential solutions may include a bridge over the creek or an adequately sized drainage pipe under the improved access or any Dther sDlution satisfact ory tD the City Engineer. IEngineering) 33_ Submit 1:0 and Dbtain approval from the City Engineer arid Director of Planning and 3uilding for an erosion and sedimentatiDn CDntrDI plan as part of grading plans. (Engineering. Planning) , . 23_ Submit a detailed mitigation plan. prior tD is?uance of grading permits. for the creation and e:1hancement of riparian vegetation wì'Ihin the Salt Creek CorridoL The plan will be subject to approval by the DirectDr Df Planning a:1d 3uilding. The mitigatiDn plan shall include components addressing perl orrnance standards, maimenance requirements le.g, pest contrDI. weeding, and plant replacement>. monitoring and report preparation. The wetland mitigatiDn a,sa shall be maintained in accordance with the Wetland Mitigation Plan. ¡P/anninglEnvironmemal) LJ, Provide a minimum Df three-feet Df flat ground access area from the face of any wall 10 the begì;lnìng oi the slope rounåing ior wall mai:1:enance. unless as otherwise approved by- 'the City Engineer.:.. (Engineering) ~1. lDcate lot lines at the lOp of slopes except as approved by the City Engineer. lots shall be SD graded ?os to drain to the street or an approved drainage s\'stem. Drainage shall not be permined to flDW Dver slDpes or ontO adjacent property_ (Engineering, Planning) L2. Design and CDnstruct all grading and pad elevatiDns to be within 2 feet of the grades and elevations shown on the apprDved tentative map or as otherwise approved by the City Engineer and Director Df Planning and 3uilding. (Engineering, Planning) L3. Obtain notarized leners of permissiDn for all Dft-site grading work priDr tD issuance Df grading permit fDr work requiring said off-site grading, (Engineering) 44. Submit a list Df prDpDsed IDtS, priDr 10 apP",oval of ¡he CDrrespDnding Final Map, indicating whether the structure will be located Dn fill. cut. or a transition between the two situatio~s prior to approval of the first Final Map. (Engineering) ,- Design a:ìd CO:ïStTuct the inclination 01 each cut or fill surface resulting in a slope 10 -:>, not be s:~e?=:r "than 2: 1 (1WO horizani:al1D O:îe ve!"'tlc:aO £xe:epl íor minor slopesês herein defined, All constructed minor slopes shall be desifned for prDper stability considering both geological and sDil properties, A mi:ODf slope may be cDnstructed nD steeper than one and one-half horizonëal to one vertical (1.5:1) cDntingem upDn: a, Submission aT reports by both a s:>i!s engineer an:j a certified engineering geologist containing the resul:s of surface and subsurface explDratiDn and aj.al~!sîs. These results should be sutficiem ior the soils engineer and ei1gineering geologist to cer::iiy L~,3"'L in 771eir proiessional opinion. the underlying bedro~k and soil 5upp~rting "'Lhe sb:->e have st~e:")g!h charaC1eristics sufficie:""11 'to ;>:'" ovide a s-;:sbJe slope and v\!ill ;18: ;>::$e a danger LO perS:J~s or property; and g ·l f ,£/? li-/1 Resolution 19447 --4 Page 15 b, The installation of an approv~d special sio~e planting program and irrigation system; and c. A "Minor Slope" is defined as a slope four (4) feet or less in vertical dimension in either cut or fill, between single family lots ¡,md not parallel to any roadway. (Engineering) . . 46. Enter into an agreement with the Ci;:y wherein ,he City is held harmless from any liability from erosion. -siltation or increase in flow of drainage resulting from this project. (Engineering, ?!anning) SEWER -- 47_ Design all sewer access points (manholes) 'IO be located at streetcent£rline or at the center of êI travel lane or as otherwise approved by,he CITY Engineer, (Engineering) 43_ Provide a sewer profile study for all deep "Local" and "Trunk" sewer lines (15-feet in depth or greater) which indicates that no other feasÓle alternative exists except for deep sewer lines. If the profile study;s approved by ~;,e CiTy Engineer. The deep sewer lines will be permitted for construC1ion. (Engineering! -- - - 49. Install parallel sewer lines for sewer lines greater Tha" 15·ieet in depth if lateral lines are'Iobe connected to these lines unless o,herwise approved by the City Engineer. For sewer lines greaterthan 2.D-feet in dep,h, C900 p, V.C, shall be used from manhole to manhole. (Engineering) 50_ Submit a lener of credit. prior to recordation of the subdivision Final Map for said lot. for all sanitary sewer facilr.ies required for development of any lot subject to Telegraph Canyon Sewer Pumped Flows DIF. !Engineering) 51. Pay in full, prior to recorda,ion of ,he subdivision ¡:inal Map for ·said lot. all sanitary sewer facilities required for development of :any lot subject to Salt Creek Sewer 3asin DIF. (Engineering) 52. Provide improved access to all sewer manholes to wr.:hstand H-20 wheel load or oTher leading as approved by ,he City Engineer. (Engineering) 53. Design and .construC1 seVl'er access poin~s i 0 ~o't be located on slopes or in inaccessible arees íor main'!:!:"',ance e~~:'J:;J:~=:;11. :=n~i.'ìf1erin;;} 54. ?rovide seV\'er manholes 211 Ell chan~es :d ali9nment ai grade. Sev\.'ers serving ten or less equivalent dwelling uni:s 5:'all h~ve E :--:l::lim:J:-:l ;ra:ie 01 1 percent. (Engineering) 55. Design and construct all sewers ending iCl a cul-oe-sac with a manhole placed at ,he center of the cul-de-sac, unlBss otherwise a;>;>roved by ,he City Engineer, !Engineering} 55. ?rovide 'for 1he cos-¡s 2ssc.I::iE-:ed with 7he r:,3Iine:-,an:e and lh~ pOl~ntial upgrading of the se\J\ler pump s:s1io:l 1:>:'E~e:i at 25:30 :Ji.c.y L?i~es Road in accordance with the agreemenl belween the C¡:y. ?ê1c¡fic 3::y :-:·o:":ìes :a~j ïhe £asl1ake CDmpany. daH~d January 20, 1993. í=n9in=-~."ln~) Ii" øL tJ /3 ,l-¥- ",-j ?:.solution 13447 ?~;¡:. 16 '4 "'S~EEMEf~TS 57. Agr:.:. that the City may withhold building permits for th:. subject subdivision if anyone ohhe following occur: a. R:.gional development thr:.shold limits set by the East Chula Vista Transportation Phasing Plan, '2S amended from time to tim:.. have been reached. b. Traffic volumes. lev:.ls ofservite. public utiliti:.s and/or services exc:.ed th:. adopted City threshold standards in the then effective Growth Management Drdinance and Growth rVianagement_?rogram ~. "The required public: 1acilities,as identified in the ?ï=F? or as amended or otherwise conditioned have not been completed or constructed 10 satisfaction of the City. The developer may propos:. changes in 'the timing and sequencing of development and the construction of improvements affected_ In such case. ,he P¡::¡::P may be amended as approved by the Director of Planning and Building and Director of Public Works. !Engineering, PI. Inning) =. Agree ::J defend. indemnify and hold harmless the Ci:y and its agents. officers and ~-, employees; fr:¡m any claim. as;tion or ~¡Dceedìng a;;ainst the City. or rts agents. officers. or employees, to a"ack, set aside. vOid or annul any approval by the City. including approval by I1S Planning Commission. City Councilor any approval by its agems. officers. or employees with regard to this subdivision pursuant to Section 66499.37 of the State Map Act provided the City promptly notifies 'the subdivider of any claim. action or proceeding and on the further condition that 'the City fully cooperates in the defense. !Engineering, Planning! 53. Agre:. to ensure that all franchised cable t:devlsion companies ("Cable Company") are permitted equal opportunity to place conduit and provide cable television service 10 each lot within the subdivision, Restrict acc:ess to the conduit to only those franchised cable television companies who are. and remain in compliance with. all of the terms and conditions of the franchise and which are in further compliance with all other rules. regulations. ordinances and procedures regulating and affecting the operation of cable television companies as same may have been, ·or may from time to time be issued by the City of Chula Vista. (Engineering. Planning! 5:J. Developer agrees to not protest formation of a district for the maintenance of the drainage channet in Salt Creek or for the maimenance of landscaped medians. open space. and parkways along sneets vI/!:hi;'l and adjacent 10 the subdivision. (Engineering, Planning! 51. Agree to -reserve lot 5-1 (school sii:e) for $c~ool p~r;Jcses 10 :,e offered for dedication in fee to the Chula Vista Elementary School District, in accordance wr.:h B schedule as . indicated in a Mello Roes community pwrpcse facility disHict. as approved by the school :jistrict. which shall be established to the satisfaction ohhe District. (Planning) £2. Agree 10 .provide nOise s'tudy pnor 'to iS$:..¡5:ìC.e of the inITial ?hase first building permrt to identify no!se impac:s g2neiBled by surr:)~~:ii1îg sne5:S and de1Srï:')ine the necessary mi'tigati~n Î.ÎoS2SU7"£S i::> 17""!.5;,.ne 7hFì1 all d\......'eì:i:-1:! uni:s will be design and constructed to % ki ",A :t.. 17/)./ - Resolution 19447 "4 Page 17 preclude interior noise levels over 45 d3A and exterior noise exposure over 65 d3A. The developer shall implement all mitigation measures recommended in the noise study to reduce noise impacts. (Planning) 63. Agree to participate in a regional or sub-regional multi-species coastal sage scrub conservation plan prior to approval of the Initial Phase first Final Map. (Planning) .- 64. Enter into an agreement with 'the City to provide affordable housing units as specified in the adoPied Eastlake'Comprehensive Affordable Housing Program prior to approval of the first Final Map. (Community DevelopmenT! OPEN SPACE/ASSESSMENTS .- 65_ Grant Irrevocable Offers of Dedication (lOD) on the Final Map for Open Space lots within the subdivision, IEngineering! 55. Either a Home Owner's Association (riOA) or s Comm~nity Facilities District shall maintain street mediar.s ,md environmental open space lots, If the formation of a Community Facilities Distri:-t (CFD) is selecred for the maintenance of street mediar.s andl or environmental open space lœs (OS-1!. Developer shall request that the City - form a Comm1¿nity Faciíi-;ies Districr. prior to aoproval of the first Final Map of the - - Initial phase, and submit an applicstio" packet jor the formation of said The Packet shall include. but is not limited '10, associated diagrams, cost estimate, descriPiion of work and a deposit in ,he amount determined by the City Engineer at the time of subminal for processing the formation of the Community Facilities District. If theHOA is formed to provide maintenance to the environmental lot 05-1 and other lots, structure the HOA mainte"ance program, including maintenance crew qualifications and other contractual arrangements to the satisfaction of the Director of Planning and 3uilding_ (Engineering, ?fanning) 57. Pay for all costS associated with i:he prepara110n oj an EngIneer's Report and establishment of a Comm~nity Facilities District I Open Space Maintenance District for the maintenance of all ODen spaces which will not be maintained by private property owners or a Home Dvvner's Associa1ion. IEngineering. Planning! 63. Provide a plan for the CiTy's approval ,hat includes the acreage. landscaping code for each open space area. ,he proposed mear.s of maintai"ing the area and the cost per year for The perpetual mainTenance oj mainï:aining impro\'ements within CFD maintained open space 10:5. (Engineering, Planning) 63. Conform 10 ,he design elemenTS oj the City's la"dscape Manual 10r all landscaping .which fal!s within L'he maÎn'!e!ìance rE:sDor.sibiII1Y 01 :he CC?mmunity Facilities District. (Engineering, ?fanning! 70, Establish a Home O~lner's '!"sso::îa¡:¡on ¡:-!Oh) 10 provije for the perpetual maintenance of, but not limited to. privaTe open space I:ns, slooe areas. landscape and irrigation, including perimeTer wall within ope" space lOTS. public street improvements and media1"1s andparkV\'a\,s 0" CI:.:bhoL'se Drive. Ki"9 Cr,,=k Way and Oak Springs Drive ;:>¡iOT lO -:he app¡aval 8f::-1: zssocia-:e:j :=¡¡\BI r\/\a:>. (Engineering, ?lanning) Y1 ~ n~,2:L - ?,esolution í 3447 ?,,:Je 18 ... 7í. Mairr..ain all decomposed graniTe (D,G.I walkways by a Home Owner's Association or .- CFD_ All proposed decomposed graniTe (D. G.) walkwa\'s including, but not limited to, the walkways proposed along ¡he north side 01 Clubhouse Drive and north 01 Olympic Parkway, shall not have vertical obstacles and obstructions such as public utility vaults. boxes, etc. constructed within them_ (Engineering, Planning) 72, Provide proof to the satisfaction 01 the City Engineer and Director of Planning and 3uilóing that all improvements locaTed on open space lots will be incorporated into and maintained by a Home Owner's Assotiation or a CFD. The final determination of which open space areasiimprovements 10 be included in the Community Facilities District and 1hose to be maintained by a Home Owner's Association shall be made during 1he CFD iormation proceedings, fEnpineering, Planning) 73. =n¡er into a maintenance agreement and gram easements as necessary ior landscaping maintai"ed by a Home Owner's t.,ssocia¡ion within City Tight-of-way or such other areas required by the City. (:ngineering, Planning) 7' Avoid installation of privately owned water, reclaimed water, or other lJ1:ilities crossing ~, any public streeT. This shall include ¡he prohibition of ,he installation 01 sleeves for flJtur~ COi1S!Tu.:'!ion 01 privately Dwned faciJrries. The Crty En9ineer may waive 'this r.eQuiremen! ~-The ío/Jovl.'íng ;s ~ccompl:shed: a_ 7hedevelop2r en1ers into an agreement with the City where 'the developer - agrees 10 the iollowing: 1. Apply for an encroachment permit i or inSTallation of me .priva1e facilities within 1he public right-of-way_ 2, 'Maintain memberShip in an ¡¡dvance notice such as ¡he USA Dig Alert ServIce. 3. Mark out any private faciii¡¡es owned by The developer whenever work is peri ormed in the area. 4 The terms of !h~s agreeme:ï¡ s~alJ be binding upon ¡he successors and assigns of the developer_ b_ Shutoff devices 2S deTermined by 1he City Engineer are provided at 1hose IOCE'tÎ:>;'1S V\fhere priv¡::ne facili1ies traverse public streets. (Engineering, Planning) 75. Pay all COSTS associaTed with apportionment oi assessments for all CiTy assessment diSTric:s as a resulT Df subdivision oi Jands within ,ha boundary prior TO approval of the each ?inal TViaD, Submit an ?pportiDn¡¡¡~nt iorr.1 and ¡Jrovide a depcsit êS determined by and i:O :71e City 10 Co\'er CCS1S. fEngineerinpJ i5. Prepare a disclosure íorm to be signed by The hDma buyer acknowledging that additional fees have been paid ;1"'110 the Assessment DistrÎCT or The Transportation Dn:: . Fund, and that these additio:"ìal fees are Te:ìe=:e:f in the :J:.Jí.ch2se price of ¡he home fDr these uni:s. should the development h?ve a densí:y chan2e irom that i;¡,:jicaled in "'the ";sseSS:':le:T;: :>:S-::Ti=t ::n;ineer's :=\8:J:);(. '=.-'~¡n~er¡n~i /(/~J % ~Ví~ -. Resolution 19447 --4 Page 1 9 77_ Submit all Special Tax and Assessment disclosure forms for each model size or EDU for The approval of the City Engineer. !Engineering} 73_ Comply with the terms and conditions of 'the ACQuisition/Financing Agreement for Assessment District 94-1, CO 94-064. approved by Council Resolution 174B3 as said terms and conditions may be applicable to this development, (Engineeringl . . 73_ Design' cmd construct all of the utilities that service open space within 'the limits of the open space or dedicateù City right-of-way_ IEngineering). 3D. Agree that walls which are I~cated within open space shall have owners of adjoining lots sign a statement when purchasing Their homes that 'they are aware that the wall is on Open Space property and that they may not modify or supplement the wall Dr encroach onto Open Space property, ïhese restriCtions shall be reflected ¡nthe project CC&R's, and a copy of said restriCtior>s shall be provided to The City for its approval. (Engineering, Planning) 81. ?Tiono the issuance of1:he 50Th building permit i or the Project, enter into "the City's standard three party Agreement wr.h the City of Chula Vista and a landscape archi1ecture consulTing firm for the prepara,ion an::! processing of the ProjeCt's _ -:- Community Paris.. Master Plan (P-1 & P- 3.1. (?/anningJ 82. Prior 10 "the issuance of the 350rh bui!:!i"9 permit for the Project. prepare. submit and obtain the approval from the DireCtor of ?Ianning and 3uilding for "the ProjeCt's Community Park Master Plan (P-1 and P-3.) The Community Park Master Plan shall include facilities and amenities prescribed in The forthcoming City-wide Parks Master Plan as adopted by City Council. In the event tha11he forthcoming City-wide Parks Master Plan is not adopted before the community park design begins, 'the Director of Planning and 3uilding shall de,Brmine ,he appropriate park facilities for the community park, (Planning) 83. Design. cons,ruct and dedica:e park óacilities "s prescribed in the following park development phasing program: a, Ob,ain the necessary' . City appr ovals and complete park master plan construction Documents prior 1:J approval of the BOOth building permit b. Select contractors, as approved by ,he Direc1 Dr of Planning and 3uilding. and begin grading and CD",s:rUC'I:Jn Di .:'e camm:;ni1Y park, including all facili1ies and amenities. ~r!:Jr 18 :~e !~s',j=:1:e :)1 :he ::S)-;:h building permit. c, All improvemenlS 10 :-he comm;;;-¡i1Y park. es defined by the Approved construction dDcumen:s. s~?1I ::? C(1~~I?~f'd -:::J :he satiS1sC1ÎO:'l and approval 01 the DireCtor of ?Ianning and 3uiiding prior 10 :he issuance of the 780Th building permit. d, Provide maintena;1se 01 7he c:)1'':i:J¡e-:=~ camm:;:ïi1Y park for a period of one-year from 'the complei:i:>~ :J~ ¡:he :J3!"k ::;! a:::=;J1an:e ~f -rhe facility by 7he City. P7 ~ /'f-',tt( - ?::solution 13447 ?a2e 20 -4 e. r'inal alignment. design (including signs!. width and cDnstructiDn specificatiDns ior the greenbelt 'trail alDng the east edge Df the Salt Creek Dpen space cDrridor shall be approved by 'the Planning and 3uilding DirectDr in conjunctiDn with and subject to the development phasing 01 the overall community park design. i, The Director Df Planning and 3uilding may. at his discretiDn, delay the park de\'elopment phasing and c.onstructiDn sequence ShDUld conditions change to warran! such delay. If, in the DpiniDn Df the City. delay is caused by the City, the Developer may be allowed ,1'0 delay cDnstructiDn Df the park. (Planning) - , PriDr to apprDval Df the first r'i~,al Map Df the Initial phase. prepare, submit and Dbtain ~-"4 approval frDm the Design Review CDmmin-ee for the private park (P-2) design and cDmplete cDnstructiDn priDr tD issuance Df the 1 50th building permit. (Planning/Parks) £5. Prepare, submit and Dbtain'the approval Di the Director Df Planning and 3uilding iDr a comprshe:r.sive Landscape MESLer ?:an for ¡he Project. (Planning/Parks) -- Prepare, submit and Dbtain approval by the DirectDr Df Planning and 3uilóing fDr ':'0. detailed landscape and irrigation plans, incluóing water management guidelines in accordance with The Chula Vista Landscape TVianual and Section 11.4, Design Guideiines, o-.<Lthe £asl¡ake Trails SPA for the assDcia1ea ¡andscaped areas in each Final ¡Viap prior ,-0 -the approval of sa-ch r:inal ¡Viao. If POpll'S soecies 'trees are inCDrpDrateó in the ::astlake Trails Landscape theme, aporDpriate installatiDn methods acceptable tD the DirectDr of Planning anó Building shall be prescribed in The landscape jmprovement plans_ (Planning/Parks) 37. CDnstruct pedestrian walkway cDnnectiDns between streets tD the satisfactiDn Df the DirectDr Df ?Ianning and 3uilóing at the fDIIDwing IDCatiDns: a. ¡::rom'the cul-de-sac ends Dn Stres:s "GG" and ":-i:-i" thrDugh Dpen space lot C to C/:.ÒhDl'Se drive. b. ¡::rom the cul-de-sac ends on Streets "K" and ".J" through Doen space IDt r'tD CbbhDl'se drive, c_ r'rDm street "MM" thrDugh Dpen space iDt E tD Street "LL" ApprDval shall be documented prior 10 the approval of The corresponding Final Maps. (?lanning) 53. include in the Grading p;ans ior ""the ?rojec't's Community ?ark an inventory of all existing ¡rees 10 be relained and 'th~$e 'to be r~moved prior 10 issuance of graóing permì¡s involving the cOr.lr:1uni7y pa~k Slle. :=I:-,.al decision 2S "to \f\fhich "trees are 10 be retained and which are to be removed shall be made by the Direc1Dr Df ?Janning and 3uilding. and in conjunc'tÎ:m V\/Îlh 'the Commu;1T7y Park Tv'iaster Plan. (?/anning) 23. helDca:e at ùevelDoer's own expense, the ne::essary abDve and undergrDund utilities serving in:livÎ::iual homes i~ acco!71r.ïoda'le :;-¡e iequiied SHeet trees within the street 7:-e8 p¡an'li:"1~ eaSeme:'11 Ii :jeierr:1i~e::' :"1eCess3;-\, by :he Ciiy. :P/an,""Jinp) 2d -t~; ) '1"- tl-~ Resolution 19447 ... Page 21 90. Pay the land acquisition portion oi the PAD .1ee for the Initial Phase oi the Eastlake Trails subdivision, which consists oi 526 dwelling units, prior to the recordation of the first iinal map 10r the Initial Phase (approximately $1,315,530), Developer also shall pay the Eastlake III Development Agreement advance PAD iee of $1, 522,000 (Adjusted by ENR index irom the effective day oi the Agreement to the time of payment) prior to the recordation oi The fiTst final map for the Initial Phase. The land acquisition portion 0f the PAD fee ($1,315,530) shall be decreased so that the sum oithepark land acquisition portion oi the PAD iee and The advance PAD iee stipulated ¡nthe abo>!e memioned'Eastlake III Development Agreement, does not exceed the total PAD fees required for the number oi units in the Initial Phese. However, the applicant may elect to make an irrevocable offer to deóicate The community park parcels P- 1 and P-3 as depìcted in the Ten,õt7ve map, Chula Vista Tract 99-03. in lieu oithe above park land acquisition fee stipulõted above. (Planning). EAS:TVlENTS 91. Gram on The corresponding ¡::inal Map minimum 1 5-f 001 wide easements to the City oi Chula Vista, as required by The City Engineer, í or construction and maintenance oi sewer facilities. (Engineering) ?2.::: Grant on the co!responding :=inal rV¡a~ ~i:lim:.Jm í 5-~ Dot wide easements 10 the City oi Chula Vista, as requir:ed by ,he Cicy Engineer, í:Jr c:mstruC1ion and maintenance oi storm drain facilities. !Engineering) 93. Gram on the corresponding Final 1";ap 1 0-f001 wide general utility easements, as required by the City Engineer, along street ,igm-of-way adjacent to open space lots_ (Engineering) 94. Grant easements for all ofi-site pubiic storm drains and sewer facilities prior to approval oi any final rJ:ap requiring 'thc:se facilities, The easements shall be the size 2S required by City standards unless D7herwise approved. (Engineering) 0- Grant 20-foot landscape buffer easements adjacent to Otay Lakes Road and Olympic ~~- Parkway, (Engineering) 96_ Grant to the City on ,he corresponding final Map easements along all public streets within the subdivision c!s shD\Jvn on the lentative rnap and in accordance with City s,andards unless o,herwis~ apprcv~d by ,he Ci:y Engin~~r and the Director oi Planning and 3uilding. íEngineering. P,'anning} 97, Dedicate i or public use all The stree1S sh~wn on ï:he subject tentative map within the subdivision boundary, Ex::ep1 ;Jrivat€ suee:s. {En~ineering} 93. Grant to the City a oraine;]: and access EBsement. BS del ermined by the City Engineer. aCT ass the propcsedprivEne access :hel :D:ln~~:'S r01 ?·2 í?riv81: ?ark) 10 the easterly s~bdiv:sjon boundary. ·:En;ineering) ~ .1 vi ",£? It//~(" -- ?!<solution i3447 ?¡;;¡e 22 -4 Jj:SCELLAN::OUS B3. A summary of CITy responses 10 each of applicams waiver requests from City standards is comained within the following Table I, which includes the "Approved" or "Not Approved" status of each waiver. The summary descriptions for each waiver within Table I a'e brief and the approved Tentative Map should be consulted for more complete descriptions of the waiver requestS- , , II T AELE t: , TENT A TTVE M4f' WAIVERS !' i WA1VER SRI:!' DESCRIPTIDN STATUS CDMMENTS I NO. I 1 De:re2se mi:1lmum "~f11erlmf:: Tad/W'$ nn SH~~ -¡.11M- from I . Approved I None 2aO' 10 125'. 2 Coro.strU::1 ê 2% s~:>~r~I~\.'ñ1IOn on Strf:~t -""MOO With a ":;5' .. Approv~d None width RO.W.. a 28' ~u¡b 10 r.u:"b width and d~~;¡gn 25 ont:- way. ¡ 3 , D~::r~2S~ ¡he mill/mum RO.Vv. width on Sp~el ÞGGÞ and On-~1tee1 park.ing will I CD~ -D~nd -EÞ from 55'10 52'. only be allowed on one .. ApprDVtd sloe of the ströet "10 be I determinec by lhe .c.ity I :n;:¡ineer. I 4 D~=re2S~ the minimUm ::u:-bhne raDIUS 1Tom ~O· 10 35' 10r I. . Approved I None cul·œ·sa::s 150' in I~noth or less. I 5a Inc:r~2se the reQUired 5.5' wide -Lat1d~C:i1pe :'?~~m~n1"' on Approved None Clubhouse Dnve 1D 22' In wlrtth. 5b Del~e 5.5'" -Landscaœ Easement" for Stre~1 -5" from Approved None approximately Sir~et "CC" 10 S1r~~1 "G" on 7~'~ ~Iòe adja=~nt 1e ?, and 1m S1lt:~:1 "BB- !r~m .;¡~:;/(Jx:r.aH::Iy S1r~t "CC" 10 S1r!;:~1 ~ G- nn Th~ ~Id~ i1dia:':~111 to ?-1. .5c Increase -Landscape E2!'emem- in;;hmnion from 5:' 102:1 Approved None for ih~ iOllow,ng corneor 10:5 whi:::h héwe ad¡acenï. 5!ft:e:s lower1!ianihe pads: ïS2 - Lens 6. L.S; TS3- Lo:s.7. 9, ,(',.:...4,53,75,76,97, 1D7, 121,130, ~"5, í53, ì5~; TS': - Lcr..s 35. ~9; TS5 - Lo", 1. 7. 8. 1~. 22.23. 3D, 37. 38. 59. 70. 99. 90. 95; TS5, LOTs 5. ~7, 71 Th!3 - Lo:s 21. 29. 55. 55. 58. 80. 93. 101. 113 I :; Less 7iõan S7an~wd 25' Lm ¡::rrHl~;:¡~H:: f(1~: ïS·5: .L:r:s 1. 7. L..D:Jr(wed None I 8, ~L.. i5,23, 37. 3£, 52. 52. 5~. 55. 70. ì7, 5~, £1. S2, e9. 9:>. 95. 97 ¡md 103: TS--5: Lo'!!' 5. , 0 ¡md .". I 7. -Lo;;ar" sewer cxr.~e~5 12' in d~¡;1h. Nnt Me" be BPpToved by L.oprov!::d Cny Enpineer In the 1ime 1hat Improvement pløns are submi11ed fOT RDOfovel 7b ~Trunk" s~wer ~:x:-:~~::i5 :::r In d!::Jth. ArmTOv~d C90;:) P. V .C. will be u~ed from manhole 10 manhole. I Sa R~p:a::t ~:a:;1::i1rd S· 11'~;i-!'1~!:':'1'1;; ~1J:l::'~',~: !-.::~"... .:;i.. :;. 0;;'" h:~Jt I t>Jone Lttke~ R:-.¡:,¡::;"'n ¡;:¡ ., J' m':i-I!i;\¡',J'¡:; ::J G \o".'~, II< _'_,' \ ':"111)T('v~d ~ ~.{r );(-:2; -. Resolution 19447 -4 Page 23 Bb S' mBand~ring D.G. WrtU~w"ys on N. side 01 Clubhouse Dr. Approved None and E. side of -8- '-BB" Sne!!1S and 1 D" meand~ring D.G. Walkwav on N. Side 01 Dlvmpic Parkwav. I 9 Medians on Clubhouse Dr.. Kin9 Creek Way and Oak Approved None Sprinps Dr. I 10 S'tfeet im~rsect.Îons.wiThjn h~)ri2omal c:urvf$ or \!",ithin 1 o:r ... Approved None 1anpemS of hoTtzon'tal ~Lr.'\'t:S. , , Sew~r Laterals D~eper Tmm '5' in Dt:?h. Not May be approved by Approved City .Engineer lit the time tha1 improvemem _ plans are submitted iDr .. BtlProval 12 Slope Rounding and Ben::t, Per Detail on T err-e!'1 iVf: Map and Approv2d None 3' Ben:::hwiTh No Slope: Rounding a1 Slopes Nnr¡h of Oak Svrinps Dr. :and No"h 01 OlvmDi= Parkwi'V. 13 Maximum -heigrn. iTom lOp 01 woodfen:e 10 lOP of wall ADproved None iocn:ing is 8.5' if on prrme:tv Ií~. If grt:a'!.~~ 'Than 5.5', ~:.' separa1ion beiween wOOD Ü:n:;e and wall ~s r~:):.JIr~::I. Th!:: iollowin9 tots arE ex::ep1Îons: T52- j 0, ïS3-"1 2 1. T55·5 c~::I 45. . The City's apprDval-of the V'~'aiver requesl ~s C:?:l:Îng=:-n u;:¡on submittal of a lener frDm applicants Engineer-of-Work expJai,.Üng that, in their pro~essio,...al opinion, no public safety issues will be compromised_ !Engineering, PJannin;;) 1 DO. Submit "as-built" 'improvement and grading plans as required by The City Subdivision Manual. Additionally, provide The City said plans in a digital D_X.F. file format. (Engineering) 101. Submit a copy of each sub:iiv;sion in a :iigital D,X.F. file format priorLo approval of its associaTed ¡=¡nal Map or as requested by the CiTy Engineer. The digital file shall be based on accurate coordi,.,ate geome:ry calculations and the NAD 83 State Plane Coordinate System. The digital file shall specifically include each of the following items in a separa12 drawing la yeT: a. LDt 30un:iaries, b. LDt Numbers, c. Subdivision 3au:"1:iary, d, Right-of-Way, e. Street Centeriines, 3:1= 1. Approved S¡Tee1 !-James. Submit the digital file in ?:;corda:"1ce with Clt\, GUI:i=lines jor Digital Subminal on 3 ~7" d!sks Dr 2S othervvise Ei:Jproved by the C,,,:)' =n~p~e~T. In addition, su~mit as-built grading and im;>roveme-:~ :J;?~5 i~ ~ :;2;,,:?1 :).x.~. :I!e formal. Provide security to guaranlee 1he U!tiTT',B1e s;Jj:71::::al :Jf gr?::Jin;; ?!nd im::vovement digital files. Update eìSCtfDT1ic files a7":er ?:-'y =:J::S"tT~J;::-:I:J:î r,~~ 3;1:] i:¡k s~a;)ges 1:::> "lhe ;¡raòing ::Jf improvement p;ans and '=S:.J:,)~7Ù1 i 0 -¡he Cr~ y. :=n;JÎn=erin~) ~ ~ ¡7";'g" -- -,-_.~-_._.. ?!:s:>lution 13447 ?a¿e 26 -4 jj7. Submit to the Planf>ing and Building, and ::ngineering Departments service availability letter from the Dtay Water Dis!rict prior to approval 0'1 each Final Map. (Planning, Engineering) 113. Install p:>table and recycled water infrastructure improvements as prescribed in the Eastlake Trails Sub- area Water Master Plan prepared by John Powell and Associates. Septemt>er, 1998, including but not limited to 1he following improvemems: , a. Provide a letter from OWD confirming that upon completion of the potable and recycled wa1er Înfrèstructure iacilities. the Developer shall dedicate the imprDvemenlS 10 the OLav \!\/ater Dr5tiict. b. ::X!end the existing potable and recycled water mains in Hunte Parkway south to Olympic Parkway, and. construct mains if> Olympic Parkway from Hunte perkway to the Olympic Training Cemer. c, ~=mD\'elh= ï:emporary 12" pipeline thS1 CTOSS;!:S the Eestlake Trails project after -¡he V\'ster iines prescribed in 'the Surrarea V\.'aHH TJia51er ?Ian are installed. fEn9Î0.eeíingJ - .. :> Prepars an::i obtain approval by the Dirsctor of Planning and 3uilding for a detailed 1_. mitigation plan for ths crsati on and ef>haf>cement of riparian vegetation within the Salt Creek Condor. The mitigation plan shall include components addressing performance standards, maim:enance requiremenls (e.g. pest control.. weeding and plant replacement) . monitoring and report preparation, perimeter fencing, signage and a sales disclosure document advising h:¡me buyers that 05-1 IS a protected envirO:tmeni:al preserve lot. (Planning) 120. Obtain State Department of Fish & Game 11603 Stream bed Alteration Agreement) and Federal (Section L1.D4 Clean Water Act) permits prior to approval of grading permit for the Initial ?hase, (?Iarming/En vironmenral) COD:: R::OUIR::fJi::NïS í21. Camp!y \.'\liTh all 3Dpiicable S~Ci:iDr:S of :he Ch:..J!a V:si:a TJiunic:ipal Code. Preparati on of i:"he ï=¡:ïal lViap af>d all p1ans 5;-;all ba i0 a::CDr~an::e \.'\1 ith tM2 prov~sions of -¡he Subdiv:sìon TJ:ap Act and the City of ChuJa ViS:ë Sub:i!\/:sion Drdinan::e and Subdivision rVlanual. 'Engineering. Planning) ;22, UndeTºrD~n:j all utilities withl:l the sU:J:jjv:sion in a:::::ordance V\,j7h TViunicipal Code requirsT71en-::s. (Engineering) í23. Pay all applicable fees in nccordance \l\'IT:O tne CrTI' Co;;e and Council Policy, including. b~ not limi:ed 1D. The foIlDV\,ing: ?4 Jdi .J t'J rý-:;'J ---- Resolution 19447 -4 Page 27 Prior to issuan~e of the first building permit: The Transportation and ?ubli~ Facilities Development Impac:t Fees. .a. Signal Participation Fees. c. All applicablè sewer fees. including but not limited to sewer connection fees. d. SR-125 impac:tf,ee. e, Telegraph CanYDn Pump Sewer f'ee, f_ Salt Creek Sewer 3asin Fee, - IPlanning. Parks & Engineeri17g} 124_~ Comply with all relevant Federal. Sune. and Local regulations. including ¡he Clean Water Ac:t. The developer shall be responsible for providing all required 1esting and documermrrion 10 demonstraTion said c:ompliance .=s required by ¡he City Engineer. IEngineering. Planning} 125. Design all dwelling units ,0 Dre~lu:ie in,erior no;se leve!s over 45 d3A and shield all _- =- Exterior private E'pen space 1::1 ¡¡mÎl :1:J:se exp~s:.J:e 1::1 55 dSA. f?lanningJ 125_ Comply with all applicable regulations established by,he United States ::nvironmental Protection Agen~y (USE?A) as set forth in the National Pollutant Discharge Elimination System (N.P.D.E,S.) permit requirements for urban runoff and storm waTer discharge and any regulations ado¡J1ed by the City of Chula Vista pursuant to ¡he 1\1.P.D.E.S. regulations or requirements. Further. the appli~ant shall file notice of intent with the State Water Resources Control 30ard to obtain ~overage under the N.P.D.E.S. General Permit for Storm VVater D'scharges Asso~iated wi,h Construc:tion Activity and shall implement a Storm Water pollution ?revention ?Ian ISWPPP) concurrent with the commencement of grading activi1ies. The SW??? shall inc:lude both constru~tion and post constru~tion pollution preventiDn aT1d pollution comrol measures. and shall identify funding me~hanisms for post ~onstru~,ion ~omrol measures, (Engineering) IX. COI\!S::DU::NCE OF FAILU;:;:: OF COJIiDITIONS If any of the foregoing conóilions ~ail ::> DCC;,JT, Of if ¡hey are. by their "terms. 10 be implemented and maintained Dver 1:ir.le, Ii any of such conditions fail to be so implem8nted and main:air18d according to ,heir ,,,r:::s, :h8 Ci:y shall have the right to revoke or modify all a;Jíy~va:s ~=rejn ;¡:--an:€:::J, :jenv. ::H 1'.JrtheT condition issuan:::eoi all future buildir1g permriS. jeny, revoke. or i uõ7her condition all c8rtificates of occupan¡:y issued under :he BU7hori7y of é:;:>;HO\'B~S ~=rein gran1ed. institute and ;>rosecU1e litigation 70 co:n;:-e! :~eir SO:;:;:>1i3~::e \'\'17:-1 said condi1ior.s or seek damages ior "their violation_ No vesie:i :'Î~hi.s are ~ëJin=j by De\/eloper or a successor in interest by the City's approval of 7:':5 =:esoIUliO:"l. ~ /¥-;J P - ;::50Iution j 3~4 7 ?a;Je 28 ... x. INVt..LDlïY; AUïOTJ,AïIC R=VOCAïOT~ It is the intention of the City Council that its adoption of this Resolution is dependent upon the eniorceability of each and every term, provision and condition herein stated; and that in the event that anyone Dr more terms, provision, or conditions are determined by a Court of competent jurisdiction 1 op be invalid, illegal or unenforceable, this resolution shall be deemed 10 t1e automatically re\'oked and oi no further force and effet:t ab initio, It is in the p:;blic's imerest for Ci-¡Y10 require Eastlake1D indemnify The city against the adverse risks and cos,s of a challenge to C.·'-y's actions in preparing and approving an addend:.r.n to EIR 97-04 and approving the ïenta,ive Subdivision Map for Eastlake ïrai!s, Chula Vis,a ïrat:t 93-03 and related discre,io:ôary approvals, ii any; and NOW, ïH::?ì::¡::ORE, 3E /ï ?ìESOL VED That the City Co:;ncil oi the City of Chula Vista d~=s hereby ap:>rove an Agreement ior InòemnifiCô1:ion and C=:Ivenants ior Actions ïaken by C¡:y ;-elõted to ~2st!ake Traiis. a copy of which shall be ke;:rt on file in the otficeof The City r' . ..../B:-K. - 3= IT ~~:=;r;-¡=~ ~=SOL V=:J th?1 7Me rv'i?y::n 01 7~:: C.i-¡y of Ch:.;ia Vista is hereby a:hno;-ized and dijected 10 execute said Agreement ior and on behalf of The City. ?ressmed by Approved as 10 form by ;t '~/f- ....~ . 4/414- ( ~ï y? \ .-;-_.:..- ........-...'-/ '.r-L.· / . ~ Robert A. Leiter John þ,7, Kaheny ?:anning and 3uilding Director Cil/Attorney / ../ ;;If I r-~; ~ 1{~3! - Resolution 19447 -4 Page 29 PASSED, APPROVED, and ADO?ïED by the City Council of ;:he City of Chula Vista, California, 'this 4'" day of May, 1999, by the followin;¡ vote: AYES: Councilmembers: Davis, Moot, Padilla, Salas and Hof1on NAYS: Councilmembers: None ASSE"'ï: Councilmember!¡: None ABSï AIN: C ouncilmembers: . None . .....dh//r4/,.( /Ä-2..", _ Shirley è-iocJ,n, Mayc>r .- - - - ATIESï: - ~ tLt B V L1-n,..-/ Susan 3igelow, City Clerk v STAïE OF CALIFORNIA I COUNïY OF SAN DIEGO ) ClïY OF CHULA VISï A ) I, Susan 3igelow, City Clerk of Chula V:s:a. Califmn:a. dc> hereby cenify That The foregoing Resolution No. 19447 was duly ~essed. approved. and adopted by The City Council at a regular meE!Îng of the Chu!a Visï:a Ci7y Council held 0:1 7he 4Tr. day ::.1 rViay, 1999. =xecu:ed th!s 4'" day oi rJlay. i 993. ~/..L), tu r5CZ JL0 S~san 3ig=12\hl, Crty Cie¡k ;Þr .{!/ -~~- J ('J.2 - ~- ATTACHMENT 2 .... ~ PARCEL 3 PARCEL MAP NO, 18211 - ,-----..... Q , .... i '.... , '.. SCALE: 1--500· i ",- #'"...........~ - t , , -J , ~~ S' LOT LO.D, \ <(0) .... FU1URE \ cO LOT 538 PUBUC PARK \ :I:Z PAR. 4 Uo.. , ~~ , 18211 \ , , , J , , , , 'ù.. 0.. , Ca¡~:; PARCEL 1 Z-J C , CL.J-JID PARCEL MAP , -Uh.1- \ 1--n:: U NO. 1 8064 ¡§~ n::ò '0.. «z , 0.. ... ... \ .., ... LOTL .. ... ... ... .. .11.. ... . ~ - . U - PARCEL MAP VICINITY MAP NO SCALE ~ HJ CØW$l&TAN73, .M:. ~ ' :,C$T'....,;.::.~ t1.... 1I1:=~'~"")~:IlIØ 1W1r'~_ -~ JUN. -03' 99(THU) 09:40 EASTLAKE TEL 619 421 1830 P DOS . i: ATTACHMENT 3 I: cirv.OF CHLJLA VISTA DISCLOWI STAJ'EMEJI.'T , ,-~, f '~_,,;... J ,., ' . You u: rcqwrcd Ie fi)= a 5uucIXJeut gf DuwCSUfC D ccnmn "'___y or J..ulm=;¡,¡u JDu:rest5.~ paym~I1ts, or campaJ.~ comribuóons ons) ma= whicb will r~quire di5CTCtiClW)' acuan an Ib:par¡ of the City Cauncil, Plam1Úlg Coll1IDÍS5iOl1 !lDeI aIJ DIberDfficiaI bodiC5. Tbefoliowing ÌIlfmmalÌDIl mw!¡ be di.5closcd: , I' , ,,- . "'____:c. . ' th ; '-,.". th --'-' f th 1·· 1. List the = of all pcrSDIlS....vmg a """-"".... WIm:SI m . propcr;y....w= 15 . '''''Je<:I D . app ,eauan or the ContnlCt. e.g., owner. "PPlica:nt, Comraaor, subcontractoi~ maIeria1 supplier. .!.O. I The East:Lake Compa»y. LLC --11- a L:!.m:it:ed Liabi1it:y Compa»y ¡: 900 Lane Avenue, Suite lDD I. Chula Vista, CÀ 91914 ~~ 2, 11 any p::rson- id:ntified pursuBDl ro (1) above is 'I c.cupœarion or pJ~:c:rship, lisllh. IWIl~ of all indivjdlIals DWrIÍJ1g more than 10,. oftbc ¡Ì¡a¡es in the corpanIIÎon or owning ~h!' parmcr&bip imcrest in the pll.TtlJCßbip, I' , . , I: ~:. I' ¡: -I:' Ii 3. If aay penon- identifted purs= to (1) above is a non-profit orJ:izæiDD or a trUSt, list the =~ of any pc"''''' 5orvi!lg as e!irectcr of tho nDD-profil organizatiOIl or as =i6e or beneficiary or !JUSter of th. truSt. i I: Ii -;:" I; 4. Hav. you had more than S25D worth of business traIlSI.Ctee!1IIÌ1h1~ny member of the City staff, Boards, Commissions, Committe.'. me! CcUDcil wiIbin !he past twelve mand;,,' Yes_ Noll1! yes, please indic:au: persDD(s): ii. I' 5. Pleas. identify each 4Dd eveIy person, including agonl$, employees, 11,~tams. or indep:ndem Contrar:tOrs who you have assigued 10 represent you before the City in this mati':;:. William T. Ostrem, The EastLake Company I; ---¡" St~ve Kettler. P & D Consultants. Inc. I; - I" .1 6. Have you ilDd/or your offìcen or agents, in !be aggregate, c""J¡;nm:ð more than S1,ODO III a Cauncll member in the eurrcm or preeccling elcetian period? Yes No X Oryes, st.ate...bleb Council member(s): - -I' II · . . INO'ID A.... A""....... I¡;~ II, Dale: June 3, 1999 ~ íl .1b¡z... 8,,-,- oSr¡l?£"" Sigœ= of Comract"iiJApplicam Wi1liam T _ OBtrJl President:, The Ea"tLa!r... Company Prirm:d er Typed NIUII( of CcnlrBctorl Applieanl · lmtm ir dtjined as: "All)' individuDl, firm. aJ-pt1T11Iermip, joflJ1 Vt'J~, re. o.rsoCÍQlio1l, social club, .fra1ernDJ orgarúzt¡¡jo,,- cO'PortJ1ÍtJII, araze, r=r. recti"",r, syndi=e, ,his and limy other ClJIUJIy. cily. or COI/.711ry. dry 17W"icip"liry. disrriC!, or other polirit:tll subdivi.rio,,- or"'!Y "ther 1!111]> Dr eDmbiIll>riD/J tJt:1Ìn¡: as " I/."it. H'IHOME\E!lGNEER~I>EV\FORMSWISCWSE'~ ~ ) 0/' .J f RESOLUTION NO. /? 'Y" RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING FINAL MAP OF CHULA VISTA TRACT NO, 99-03, EASTLAKE TRAILS SOUTH, ACCEPTING ON BEHALF OF THE CITY OF CHULA VISTA THE PUBLIC EASEMENTS AND ON BEHALF OF THE PUBLIC THE STREET EASEMENTS, ALL AS GRANTED ON SAID MAP WITHIN SAID SUBDIVISION, AND APPROVING THE SUBDIVISION IMPROVEMENT AGREEMENT FOR THE COMPLETION OF IMPROVEMENTS REQUIRED BY SAID SUBDIVISION AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT NOW, THEREFORE, BE IT RESOLVED that the City Council of the city of Chula vista hereby finds that that certain map survey entitled Chula vista TRACt NO. 99-03, EASTLAKE TRAILS SOUTH, and more particularly described as follows: Being a subdivision of Parcel 1 and 2 of Parcel Map No, 18211, a portion of Parcell of Parcel Map No. 17677, and a portion of Parcel 2 of Parcel Map No, 18064, all 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, February 26, 1999 as File No, 99-0121253, April 9, 1996 as File No, 96-0174573, and July 6, 1998 as File No. 98-0416070, respectively, all of official records, Area: 229.482 acres No. of Lots: 561 Numbered Lots: 539 Lettered Lots: 22 is made n the manner and form prescribed by law and conforms to the surrounding surveys; and that said map and subdivision of land shown thereon is hereby approved and accepted upon receipt by the City of Chula vista of all improvement securities described in the Subdivision Improvement Agreement. BE IT FURTHER RESOLVED that said council hereby accepts on behalf of the public the public streets, to-wit: Agave Flats Lane, Appalachian Place, Borrego Springs Road, Cedar Grove Court, Chimney Flats Lane, Descanso Creek Place, Fern Valley Road, Flinn Springs Road, Green Valley Road, Hidden Springs Place, Hitching Post Lane, Lone pine Court, Rio Seco Court, Rock Creek Place, School House Road, silver Springs Drive, South Creekside Drive, Sugar Pine Place, Tamarisk Grove Drive, Thunder Spring Drive, Walking Stick Court, and portions of Granite springs Drive, King Creek Way, Noble Canyon Road, and North Creekside Drive and said streets are hereby declared to be public streets and dedicated to the public use. /1/11 ___..__ ______.M_____ BE IT FURTHER RESOLVED that a deed granting an irrevocable offer of fee interest in Lots A thru H, J thru N, and P thru X and Lot 539 is hereby presently rejected, but the Council reserves the right, pursuant to Section 7050 of the California Government Code, to accept said irrevocable offer at some future time. BE IT FURTHER RESOLVED that said Council hereby accepts on behalf of the City of Chula vista, with the rights of ingress and egress, the 5,50 foot Street Tree Planting and Maintenance Easement, the 10 foot General utility Easement, the 22 foot Sidewalk, Tree Planting and Maintenance Easement, the 20 foot Sidewalk, Tree Planting and Maintenance Easement, the 10 foot sidewalk, Tree Planting and Maintenance Easement, the 15 foot sewer easement, the 15 foot temporary sewer easement, the 20 foot Storm Drain and Sewer Easement, the 30 foot Storm Drain and Sewer Easement, the Storm Drain and Sewer Easement (varying width) , the 15 foot Storm Drain Easement, the Storm Drain Easement (varying width) , the 24 foot Drainage and Access Easement, the Temporary Access Easement and the Sight Visibility Easement, BE IT FURTHER RESOLVED that the City Clerk of the City of Chula vista is hereby authorized and directed to endorse upon said map the action of said Council; that said Council has approved said subdivision map, and that said public streets are accepted on behalf of the public as heretofore stated and that those certain easements with the right of ingress and egress for the construction and maintenance street tree planting, sidewalk, sewer and drainage facilities, and other public utilities, as granted thereon and shown on said map within said subdivision is accepted on behalf of the City of Chula vista as hereinabove stated. BE IT FURTHER RESOLVED that the City Clerk is hereby directed to transmit said map to the Clerk of the Board of Supervisors of the County of San Diego only upon the acceptance by the city of Chula vista and its City Attorney of the improvement securities described in the Subdivision Improvement Agreement. BE IT FURTHER RESOLVED that that certain Subdivision Improvement Agreement dated the 8th day of June, 1999 for the completion of improvements in said subdivision, a copy of which is on file in the office of the city Clerk is hereby approved, BE IT FURTHER RESOLVED that 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 {fa' ~~ John p, Lippitt, Director of J~ Kaheny, ci Attorney Public works H:\home\attorney\reso\ELTRAILS.FM 2 )'//1....;... -. _.."-" Recording Requested by: CITY CLERK When Recorded, Mail to: CITY OF CHULA VISTA 276 Fourth Avenue Chula Vista, Ca. 91910 No transfer tax is due as this is a conveyance to a public agency of less than a fee interest for which no cash consideration has been paid or received. Declarant SUBDIVISION IMPROVEMENT AGREEMENT , THIS AGREEMENT, made and entered into this day of , 199_, by and between THE CITY OF CHULA VISTA, a municipal corporation, hereinafter called "City", and THE EASTLAKE COMPANY, LLC, 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 EastLake Trails South, Chula Vista Tract No. 99-03, 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 ~n subdivisions before final maps of subdivisions are approved by the Council for purpose of recording in the Office of the County 1 / '-/,.tJ "J - __ _"__..._ a__ Recorder of San Diego County, or, as an alternative thereto, Subdivider shall enter into an agreement with City, secured by an approved improvement security to insure the performance of said work pursuant to the requirements of Title 18 of the Chula Vista Municipal Code, agreeing to install and complete, free of liens at Subdivider's own expense, all of the public improvements and/or land development work required in said subdivision within a definite period of time prescribed by said Council; and WHEREAS, Subdivider is willing in consideration of the approval and recordation of said map by the Council, to enter into this agreement wherein it is provided that Subdivider will install and complete, at Subdivider's own expense, all the public 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 ànd conditions, as contained in Resolution No. 19447, approved on the 4th day of May, 1999 ("Tentative Map Resolution") ; and WHEREAS, plans and specifications for the construction, installation and completion of said public improvement work have been prepared and submitted to the City Engineer for approval, as shown on Drawings Nos. 99-254 through 99-293 and 99-294 through 99- 309 (not yet approved as of the date of this Agreement); 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 Six Million Two Hundred Twenty Five Thousand Five Hundred Eight Four Dollars and No Cents ($6,225,584.00) and One Million Five Hundred Seventy Nine Thousand Five Hundred Four Dollars and No Cents ($1,579,504.00) , NOW, THEREFORE, IT IS MUTUALLY UNDERSTOOD AND AGREED AS FOLLOWS: l. 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 2 /1/1--1' - -----" 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 prepared and submitted to the City Engineer for approval 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. 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 in accordance with the completion dates designated hereinafter in this 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 3 If;1~.s agreement, approved improvement securities from a sufficient surety, whose sufficiency has been approved by the City in the sums as set forth on Exhibits "All and "A-I" hereto which securities shall guarantee the faithful performance of this contract by Subdivider and are attached hereto, marked Exhibits "All and !lA-I" 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, approved improvement securities from a sufficient surety, whose sufficiency has been approved by the City in the sums as set forth on Exhibits "B" and ·"B-1" hereto to secure the payment of material and labor in connection with the installation of said public improvements, which securities are attached hereto, marked Exhibits IIBU and liB-III and made a part hereto. S. 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 Thousand Dollars and No Cents ($130,000) to secure the installation of monuments, which security is attached hereto, marked Exhibit "CII and made a part hereof. 9 . It is further agreed that if the Improvement Work is not completed within the time agreed herein, the sums provided by said improvement securities may be used by City for the completion of the Improvement Work within said subdivision in accordance with such specifications herein contained or referred, or at the option of the City, as are approved by the City Council at the time of engaging the work to be performed. Upon certification of completion by the City Engineer and acceptance of said work by City, and after certification by the Director of Finance that all costs hereof are fully paid, the whole amount, or any part thereof not required for payment thereof, may be released to Subdivider or its successors in interest, pursuant to the terms of the improvement security. Subdivider agrees to pay to the City any 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 4 /1/)/? ---.-- 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 sald cost, 12. It is understood and agreed that until such time as all Improvement Work is fully completed and accepted by City, Subdivider will be responsible for the care, maintenance of, and any damage to, the streets, alleys, easements, water and sewer lines within the proposed subdivision. It is further understood and agreed that Subdivider shall guarantee all public improvements for a period of one year from date of final acceptance and correct any and all defects or deficiencies arising during said period as a result of the acts or omission of Subdivider, its agents or employees in the performance of this agreement, and that upon acceptance of the work by City, subdivider shall grant to City, by appropriate conveyance, the public improvements constructed pursuant to this agreement; provided, however, that said acceptance shall not constitute a waiver of defects by City as set forth hereinabove. 13. It is understood and agreed that City, as indemnitee, or any officer or employee thereof, shall not be liable for any injury to person or property occasioned by reason of the acts or omissions of Subdivider, its agents or employees, or indemnitee, related to this agreement, Subdivider further agrees to protect and hold the City, its officers and employees, harmless from any and all claims, demands, causes of action, liability or loss of any sort, because 5 /{/1-l -- 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 tqis 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. (NEXT PAGE IS SIGNATURE PAGE) 6 Jill ,y - .---.---_._-----_. SIGNATURE PAGE TO SUBDIVISION IMPROVEMENT AGREEMENT EASTLAKE TRAILS SOUTH, CVT NO. 99-03 IN WITNESS WHEREOF, the parties hereto have caused this agreement to be executed the day and year first hereinabove set forth. THE CITY OF CHULA VISTA THE EASTLAKE COMPANY, LLC, A CALIFORNIA LIMITED LIABILITY COMP~ ~/ -- By: By:, Mayor of the City of Chula William T, strem vista Its: Preside t By: ATTEST City Clerk Its: Vice President Approved as to form by City Attorney (Attach Notary Acknowledgment) 7 /0//1/<1 CALIFORNIA ALL·PURPOSE ACKNOWLEDGMENT No. 5907 State of CaR .A-þM.dL- County of ~CL1A C1J'!Y On -.11Q~ ¿;Zl{J (qqc¡ before me, 4;;t;a vC~ DAT NAME, TITLE OF OF ER - E.G., -JANE personally appeared 1;.,) r11; tl w. T () nf-AIlAM. OAA¿( ~ A --JdAò , ~ NAME(S) OF 51 ER(S) personally known to me - OR - 0 pro\lørl tn me QR tho 68.6i~ vI :satisfactory "".¡eenGe to be the person(s) whose name(s) +stare subscribed to the within instrument and ac- ,knowledged to me that he!shefthey executed the same in ..his.'he.r/their authorized capacity(ies), and that by htsftrerttheir 'fit =¡,ft ~ signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument ~ NOT,==~ g , u ~ Com..J 11' n ExpI.. --' WITNESS my hand and official seal. 1 . F BRUARY 12. 2002 )d.;/LMLl) L. ~~ SIGNATURE OF NOTA , OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and cDuld prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT o INDIVIDUAL o CORPORATE OFFICER ) ~JJl.ÙJ1.'va" T:;t/"/(,WYu,,-t ~r TITLE OR PE OF DOCUM T TTTLE(S) o PARTNER(S) o LIMITED o GENERAL o ATTORNEY-IN-FACT NUMBER OF PAGES o TRUSTEE(S) o GUARDIAN/CONSERVATOR o OTHER: DATE OF DOCUMENT SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) SIGNER(S) OTHER THAN NAMED ABOVE C1993 NATIONAL NOTARY ASSOCIATION· 8236 Remmet Ave.. P.O. Box 7184. Canoga Park, CA 91309-7184 /£//l'lP LIST OF EXHIBITS Exhibit "A" Improvement Security - Faithful Performance (City of Chula Vista Drawing Nos. 99-254 through 99-293) Form: Bond Amount: $4,669,200* Exhibit "BII Improvement Security - Material and Labor: (City of Chûla Vista Drawing Nos. 99-254 through 99-293) Form: Bond Amount: $4,669,200* Exnibi t "C" Improvement Security - Monuments: Form: BO\ld Amount: $130,000 Securities approved as to form and amount by City Attorney Completion date for improvements shown on City of Chula Vista Drawing Nos. 99-254 through 99-293: Two (2) years from date of City Council approval of the Subdivision Improvement Agreement. *The posted bond amount reflects an added 50\ contingency to the total estimated improvement costs since the referenced plans (City of Chula Vista Drawing Nos, 99-254 through 99-293) have been submitted for review and approval but they have not yet been approved as of the date of this agreement by the City Engineer, 8 10//1--// --. .---.- LIST OF EXHIBITS Exhibit IIA-l" Improvement Security - Faithful Performance: (City of Chula Vista Drawing Nos. 99-294 through 99-309) Form: Bond Amount: $1,184,630* Exhibit liB-III Improvement Security - Material and Labor: (City of Chula Vista Drawing Nos. 99-294 through 99-309) Form: Bond Amount: $1,184,630* Securities approved as to form and amount by City Attorney Completion dates for the improvements shown on City of Chula Vista Drawing Nos. 99-294 through 99-309 are as follows: Improvement Limits Completion Date .*Clubhouse Drive Hunte Parkway to Silver Prior to the opening of the Springs Drive EastLake Trails elementary school ..Clubhouse Drive Silver Springs Drive to End Two 121 years from date of City of Street Council approval of the Subdivision Improvement Agreement *.Silver Springs clubhouse Drive to School Prior to the opening of the Drive House Road EastLake Trails elementary school ·.school House Road Entire Street Prior to the opening of the EastLake Trails elementary school ··Trunk Sewer As shown on plans Prior to the opening of the EastLake Trails elementary school *The posted bond amount reflects an added 50% contingency to the total estimated improvement costs since the referenced plans (City of Chula Vista Drawing Nos, 99-294 through 99-309) have been submitted for review and approval but they have not yet been approved as of the date of this agreement by the City Engineer. **The improvements are to be performed in accordance with the applicable sheets of City of Chula Vista Drawing Nos, 99-294 through 99-309, H~\home\attorney\sia\Trails 9 /1/1 ",/:2. ------ RESOLUTION NO, /'1J/r7 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING SUPPLEMENTAL SUBDIVISION IMPROVEMENT AGREEMENT FOR CHULA VISTA TRACT 99- 03, EASTLAKE TRAILS SOUTH, REQUIRING THE EASTLAKE COMPANY TO COMPLY WITH CERTAIN UNFULFILLED CONDITIONS OF RESOLUTION NO. 19447 AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT WHEREAS, the developers of EastLake Trails South have executed a Supplemental Subdivision Improvement Agreement (SSIA) in order to satisfy Conditions of Resolution No, 19447 for Chula vista Tract No, 99-03, 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. 99-03, EastLake Trails South, a copy of which is on file in the office of the City Clerk, BE IT FURTHER RESOLVED that the Mayor of the City of Chula Vista is hereby authorized and directed to execute said Agreement for and on behalf of the City of Chula Vista, Presented by Approved as to form by t:~<!'y1kU" John p, Lippitt John aheny ~ Director of Public Works City Attorney H:\Home\Attorney\Reso\ELTRAILS.Sup Jt!!J--j " ---------....-------..- RECORDING REQUEST BY: ) ) City Clerk ) ) WHEN RECORDED MAIL TO: ) ) CITY OF CHULA VISTA ) 276 Fourth Avenue ) Chula Vista, CA 91910 ) ) No transfer tax is due as this is a ) conveyance to a public agency of ) less than a fee interest for which ) no cash consideration has been paid ) or received. ) ) ) ) Developer )' ) ) Above Spaœ for Recorder's Use SUPPLEMENTAL SUBDIVISION IMPROVEMENT AGREEMENT FOR EASTLAKE TRAILS SOUTH CHULA VISTA TRACT NO, 99-03 (Conditions 2 (portion), 2a, 2b, 2d, 2e, 2f, 2g, 2i, 2j, 7, 8, 9, 10, 12, 13, 16, 18, 19, 20, 21, 22,23,24,25,26, 27, 28,29(portion), 30, 31, 32, 33,34, 35, 36, 37, 38, 39,40,43,45, 46,47,48,49,51,52,53,54,55,57,58,59,60,62,63,64,65,66, 70, 71, 72, 73, 74, 75, 76,77,78,79,80,81,82,83,84,85,86, 87b, 89,100,101 (portion), 104, 105, 106, 107, 108,109 (portion), 110, 111, 112, 114, 115, 116, 118, 119,120,121,122,123,124,125, and 126 of Resolution 19447} This Supplemental Subdivision Improvement Agreement ("Agreement") is made this _day of ,1999, by and between THE CITY OF CHULA VISTA, California ("City" or "Grantee" for recording purposes only) and THE EASTLAKE COMPANY, LLC, A CALIFORNIA LIMITED LIABILITY COMPANY ("Developer" or "Grantor"), with reference to the facts set forth below, which recitals constitute a part of this Agreement: RECITALS A. This Agreement concerns and affects certain real property located in Chula Vista, California, more particularly described on Exhibit "A" attached hereto and iñcorporated herein ("Property"), The Property is referred to as EastLake Trails South, Chula Vista Tract No, 99-03. For purposes of this Agreement the term "Project" shall mean "Property", ¡'I(J";z.. - 2 B. Developer is the owner of the Property. C, Developer has applied for and the City has approved a Tentative Subdivision Map commonly referred to as Chula Vista Tract No, 99-03, EASTLAKE TRAILS, ("Tentative Subdivision Map") for the subdivision of the Property. D. The City has adopted Resolution 19447 ("Resolution") pursuant to which it has approved the Tentative Subdivision Map subject to certain conditions as more particularly described in the Resolution, a copy of which is attached hereto as Exhibit "S" and incorporated herein, E. City is willing, on the premises, security, terms and conditions herein contained to approve the Final Map for which Developer has applied as being in substantial co-nformance with the Tentative Subdivision Map described in this Agreement , NOW, THEREFORE, in exchange for the mutual covenants, terms and conditions herein contained, the parties agree as set forth below, 1. Agreement Applicable to Subsequent Owners. 1.1 Agreement Binding Upon Successors, This Agreement shall be binding upon and inure to the benefit of the successors, assigns and interests of the parties as to any or all of the Property until released by the mutual consent of the parties. 1.2 Agreement Runs with the Land, The burden of the covenants contained in this Agreement ("Surden") is for the benefit of the Property and the City, its successors and assigns and any successor in interest thereto, City is deemed the beneficiary of such covenants for and in its own right and for the purposes of protecting the interest of the community and other parties public or private, in whose favor and for whose benefit of such covenants running with the land have been provided without regard to whether City has been, remained or are owners of any particular land or interest therein, If such covenants are breached, the City shall have the right to exercise all rights and remedies and to maintain any actions or suits at law or in equity or other proper proceed- ings to enforce the curing of such breach to which it or any other beneficiaries of this agreement and the covenants may be entitled, a. Developer 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 Surden of this Agreement shall remain a covenant running with the land, The City shall not withhold its consent to any such request /18--3 - 3 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 not be completed, c. Implement Mitigation Measures. Developer shall diligently implement, or cause the implementation of all mitigation measures pertaining to the Project identified in the Final Subsequent Environmental Impact Report for EastLake Trails, FSEIR 97-04 and Addendum, Any such measures not satisfied by a specific condition or by the project design shall be implemented to the satisfaction of the Director of Planning and Building, Mitigation Measures shall be monitored via the Mitigation Monitoring Program approved in conjunction with the FSEIR and Addendum, Modification of the sequence of mitigation shall be at the discretion of the Director of Planning and Building should changes in the circumstances warrant such revision, d. Implement Previously Adopted Conditions of Approval Pertinent to Project. Unless otherwise conditioned, comply, remain in compliance and implement, the terms, conditions and provisions, as are applicable to the property which is the subject matter of this Agreement, of 1) The EastLake II General Development Plan (GDP); 2) EastLake Trails Sectional Planning Area (SPA) Plan; 3) EastLake Trails Planned Community District Regulations; 4) EastLake Trails Design Guidelines; 5) EastLake Trails Public Facilities Financing Plan; 6) EastLake Trails Water Conservation Plan; 7) EastLake Trails Air Quality Improvement Plan; 8) EastLake Trails Sub-Area Water Master Plan; and 9) EastLake Trails Wastewater Master Plan; all approved by the Council on November 24, 1999, Resolution No, 19275 ("Plans"), prior to approval of the corresponding Final Map, e. Implement the Public Facilities Financing Plan. Developer shall install public facilities in accordance with the EastLake Trails Public Facilities Financing Plan as amended or as required by the City Engineer to meet threshold standards adopted by the City of Chula Vista, The City Engineer and Planning and Building Director may, at their discretion, modify the sequence of improvement construction should conditions change to warrant such a revision, 2. Condition No.2 of Resolution 19447 (Street Improvements). In partial satisfaction of Condition No, 2 of Resolution 19447, the Developer agrees to construct and /'O"i - 4 secure the full street improvements or remaining street improvements as referenced herein and as shown on Exhibit "c", Developer acknowledges and agrees that the City Engineer and Director of Planning and Building may, at their discretion, modify the sequence, schedule, alignment and design of improvement construction should conditions change to warrant such a revision. Developer further agrees to the following: a. Improvement Work. Developer agrees to construct the street improve- ments and land development work in and adjoining said subdivision as referenced herein and as set forth on Exhibit "c" ("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 City of Chula Vista Drawing Nos, referenced herein and by this reference are incorporated herein and made a part hereof, Developer shall complete' construction of the Street Improvements in -accordance with the completion dates designated hereinafter in 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 has furnished to the City of Chula Vista, and agrees to maintain until City acceptance of the work referenced herein, approved improvement securities from a sufficient surety, whose sufficiency has been approved by the City in the sums as set forth on Exhibit "D", which securities guarantee the faithful performance in connection with the installation of the Street Improvements as shown on Exhibit "c" and as referenced herein, ii. Developer has furnished to the City of Chula Vista, and agrees to maintain until City acceptance of the work referenced herein, approved improvement securities from a sufficient surety, whose sufficiency has been approved by the City in the sums as set forth on Exhibit "D" to secure the payment of material and labor in connection with the installation of said Street Improvements as shown on Exhibit "C" and as referenced herein, iii. Developer acknowledges and agrees that if the Street Improve- ments as shown on Exhibit "C" and as referenced herein are not completed within the time agreed herein, the sums provided by said improvement securities may be used by City for ttie completion of the Street Improvements and improvements referenced herein in accordance with the approved plans and specifications for such Street Improvements, or at the option of the City, for those improvements as referenced herein and shown on Exhibit "C" that are less than, but not greater to, the sums provided by said improvement J1ß-S -. -.---...-----.--.-.,.-.---.-- 5 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 securities. 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 secu rity, 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 Improvements 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, such streets and any alleys, easements, water and sewer lines, 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 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 èmployees, or indemnitee, related to the construction of the Street Improvements, Developer 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 Developer, its agents or employees, or indemnitee, /fa"? ----..-...--..-- ...._...,--_.,.-,~._._.__..- 6 related to the construction of the Street Improvements; the approved improvement securities referred to above shall not cover the provisions of this paragraph, Such indemni- fication 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 (1Ô) years following the acceptance by the City of the Street Improvements, , g. Condition No. 2a of Resolution 19447 (Facility No.1). In satisfaction of Condition No. 2a of Resolution 19447, the Developer agrees, pursuant to the Subdivision Improvement Agreement executed contemporaneously herewith, to construct Clubhouse Drive from Hunte Parkway to Street "A" to the designed full-width street improvements, as approved by the City Engineer, and include an 8' meandering decomposed granite walkway on the north side of the street and an 8' meandering concrete walkway on the south side of the street. h. Condition No. 2b of Resolution 19447 (Facility No.2). In satisfaction of Condition No. 2b of Resolution 19447, the Developer agrees, pursuant to the Subdivision Improvement Agreement executed contemporaneously herewith, to construct Clubhouse Drive from Street "A" to the easterly end of the street to the designed full-width street improvements, as approved by the City Engineer, and include an 8' meandering decomposed granite walkway on the north side of the street and an 8' meandering concrete walkway on the south side of the street. i. Condition No 2d of Resolution 19447 (Facility No.4). In satisfaction of Condition No. 2d of Resolution 19447, the Developer agrees to construct the missing street improvements along Hunte Parkway from Clubhouse Drive to Oak Springs Drive. Developer further agrees that the missing street improvements shall include the necessary grading and construction required to provide for an 8' meandering concrete walkway on the eastern side of Hunte Parkway and any other street improvements determined to be necessary by the City Engineer. j. Condition No. 2e of Resolution 19447 (Facility No.5). In satisfaction of Condition No, 2e of Resolution 19447, the Developer agrees to construct the full-width street improvements for Hunte Parkway from Oak Springs Drive to Olympic Parkway, /'fß~? ______.._.~ .___.'...._'m.'____ .___...._ 7 k. Condition No. 2f of Resolution 19447 (Facility No.6). In satisfaction of Condition No, 2f of Resolution 19447, the Developer agrees that construction of Olympic Parkway from SR-125 to Hunte Parkway shall commence within twelve months of the completion of construction phase I, II and III of Olympic Parkway, or by March 1. 2002, whichever occurs later. I. Condition No. 2g of Resolution 19447 (Facility No.7). In satisfaction of Condition No. 2g of Resolution 19447, the Developer agrees that the meanderin9 decomposed granite walkway proposed along the frontage of the EastLake Trails southern boundary (northern side of the Olympic Parkway centerline) shall be 10' wide. m. Condition No. 2i of Resolution 19447 (Facility No.9). In satisfaction of Condition No. 2i of Resolution 19447 the Developer agrees, pursuant to the Subdivision Improvement Agreement executed contemporaneously herewith, to construct Street "A" from Clubhouse Drive to Street "L" to the designed full-width ::;treet improvements as approved by the City Engineer. n. Condition No. 2j of Resolution 19447 (Facility No. 10). In satisfaction of Condition No, 2j of Resolution 19447, the Developer agrees, pursuant to the Subdivision Improvement Agreement executed contemporaneously herewith, to construct Street "L" from Hunte Parkway to Street "A" to the designed full-width street improvements as approved by the City Engineer. 3. Condition No.7 of Resolution 19447 (School Site Access). In satisfact- ion of Condition No, 7 of Resolution 19447, the Developer agrees to provide, to the satisfaction of the City Engineer and Fire Chief, adequate pedestrianlvehicular street improvements for access to the school site prior to the opening of the EastLake Trails elementary school, which is scheduled to open the first quarter of the Year 2000, The improvements shall include, but not be limited to, the following: a, All signs and markings related to the proposed elementary school. b, Pedestrian crossings across Hunte Parkway at King Creek Way, Oak Springs Drive and Clubhouse Drive, c. Concrete sidewalks along entire perimeter of the elementary school site, d, Paved roadways along the entire perimeter of the proposed elementary school site to allow for two-way traffic and comply with the Fire and Police Department requirements, 4. Condition No.8 of Resolution 19447 (Street Lights). In satisfaction of Condition No, 8 of Resolution 19447, the Developer agrees to obtain approval from the City Engineer for street light locations. )'ß~r 8 5. Condition No.9 of Resolution 19447 (ADA Standards). In satisfaction of Condition No, 9 of Resolution 19447, the Developer agrees to construct sidewalk widths and pedestrian ramps on all walkways to meet or exceed the "Americans with Disabilities Act" (ADA) and City Standards, 6. Condition No. 10 of Resolution 19447 (Raised Medians). In satisfaction of Condition No, 10 of Resolution 19447, the Developer agrees to obtain approval from the City Engineer for the design and construction of raised medians on Otay Lakes Road, Clubhouse Drive, King Creek Way and Oak Springs Drive in conjunction with improvement plans for each of these streets, 7. Condition No. 12 of Resolution 19447 (Intersection Design). In satisfaction of Condition No, 12 of Resolution 19447, the Developer agrees to design and construct all street intersections that are at or neár horizontal and vertical curves to meet the sight distance requirements prescribed in ttie City standards, , 8. Condition No. 13 of Resolution 19447 (Bicycle Lanes). In satisfaction of Condition No. 13 of Resolution 19447, the Developer agrees to provide minimum 5' wide bicycle lanes on the following streets: a, Oak Springs Drive - from Hunte Parkway to Street "A", b, King Creek Way - from Hunte Parkway to Street "BB"/Street "CC", c. Clubhouse Drive - from Hunte Parkway to easterly terminus at Street "B", 9. Condition No. 16 of Resolution 19447 (Temporary Turnaround). In satisfaction of Condition No, 16 of Resolution 19447, the Developer agrees to construct a temporary turnaround or street improvements, as determined necessary by the City Engineer and Fire Marshal, at the end of temporarily stubbed streets greater than 150 ft. in length (as measured from the nearest centerline intersection). 10. Condition No. 18 of Resolution 19447 (Greenbelt Trail Traffic Device). In satisfaction of Condition No, 18 of Resolution 19447, the Developer agrees to provide interim traffic control devices, as required by the City Engineer, to detour pedestrian traffic to the nearest street crossing if a signalized pedestrian crossing is not available when the greenbelt trail is completed and connected to Otay Lakes Road and Olympic Parkway, 11. Condition No. 19 of Resolution 19447 (Striping). In satisfaction of Condition No. 19 of Resolution 19447, the Developer agrees to design and construct, to tlie satisfaction of the City Engineer, the existing street center lines, travel lanes, striping and curb lines of North Greensview Drive, South Greensview Drive and Clubhouse Drive within EastLake Greens to align with King Creek Way, Oak Springs Drive and the extension of Clubhouse Drive within the EastLake Trails subdivision, respectively, /'ß-i - 9 12. Condition No. 20 of Resolution 19447 (Lane Reductions). In satisfaction of Condition No, 20 of Resolution 19447, the Developer agrees to design and construct the lane reduction transitions along Clubhouse Drive, King Creek Way and Oak Springs Drive within EastLake Trails to the satisfaction of the City Engineer. 13. Condition No. 21 of Resolution 19447 (Street Lights). In satisfaction of Condition No, 21 of Resolution 19447, the Developer agrees to install, to the satisfaction of the City Engineer, street lights on traffic signal poles at the intersections of Hunte Parkway with Clubhouse Drive, King Creek Way and Oak Springs Drive, If traffic signals are not required at these intersections, install standard street lighting fixtures. 14. Condition No. 22 of Resolution 19447 (Traffic Signals). In satisfaction of Condition No. 22 of Resolution 19447, the Developer agrees to design and construct underground traffic signal equipment and traffic signal standards at the locations dètermined by the City Engineer. . , 15. Condition No. 23 of Resolution 19447 (Hydrology and Hydraulics). In satisfaction of Condition No, 23 of Resolution 19447, the Developer agrees to submit hydrologic and hydraulic studies and calculations, including dry lane calculations for all public streets, Calculations shall also be provided to demonstrate the adequacy of downstream drainage structures, pipes and inlets, 16. Condition No. 24 of Resolution 19447 (Storm Drain Design). In satisfaction of Condition No, 24 of Resolution 19447, the Developer agrees to accomplish storm drain design on the basis of the requirements of the Subdivision Manual and the Grading Ordinance #1797 as amended, 17. Condition No. 25 of Resolution 19447 (Access to Storm Drains). In satisfaction of Condition No, 25 of Resolution 19447, the Developer agrees to provide graded access to all storm drain cleanouts or as otherwise approved by the City Engineer. 18. Condition No. 26 of Resolution 19447 (Minimize Pollution). In satisfaction of Condition No, 26 of Resolution 19447, the Developer agrees to design the storm drains and other drainage facilities to include Best Management Practices to minimize non-point source pollution, satisfactory to the City Engineer. 19. Condition No. 27 of Resolution 19447 (Private Storm Drains). In satisfaction of Condition No, 27 of Resolution 19447, the Developer agrees to designate on the plans as private, to the point of connection with the public system, all storm drain systems that collect water from private property. 20. Condition No. 28 of Resolution 19447 (Storm Drain Cleanouts). In satisfaction of Condition No. 28 of Resolution 19447, the Developer agrees to design and J'/ß"/tJ - 10 construct storm drain cleanouts to not be located on slopes or in inaccessible areas for maintenance equipment 21. Condition No. 29 of Resolution 19447 (Private Storm Drains). In partial satisfaction of Condition No, 29 of Resolution 19447, the Developer agrees to include conditions and restrictions in the CC&R's assuring proper maintenance of private storm drains to the satisfaction of the Director of Planning and Building and City Engineer. 22. Condition No. 30 of Resolution 19447 (Storm Drain Design). In satisfaction of Condition No, 30 of ResolutioÌ119447, the Developer agrees to design and construct all public storm drains as close to perpendicular to slope contours as possible but in no case greater than 15 degrees from perpendicular to the contours. , 23. Condition No. 31 of Resolution 19447 (Storm Drain). In satisfaction of Condition No, 31 of Resolution 19447, the Developer agrees to designate as private and maintain by a Home Owner's Association all storm drain clean outs carrying private property water and determined by the City to be in areas inaccessible for maintenance equipment The Developer further agrees to include in the CC&R's conditions and restrictions to assure proper maintenance to the satisfaction of the Director of Planning and Building. 24. Condition No. 32 of Resolution 19447 (Brow Ditches). In satisfaction of Condition No, 32 of Resolution 19447, the Developer agrees to design and construct brow ditches to not flow over a slope greater than 10 feet in height and steeper than a 3:1 and drainage shall be collected in an inlet and carried to the bottom of the slope in an underground storm drain, 25. Condition No. 33 of Resolution 19447 (Detention Facilities). In satisfaction of Condition No. 33 of Resolution 19447, the Developer agrees to provide for the future maintenance of the runoff detention facilities via the landscaping maintenance district andlor the Home Owner's Association and include provisions in the CC&R's to assure proper maintenance to the satisfaction of the Director of Planning and Building. 26. Condition No. 34 of Resolution 19447 (Discharge Prevention). In satisfaction of Condition No, 34 of Resolution 19447, the Developer agrees to design and construct local storm drain system to prevent discharge into the proposed private park lake (Lot P-2), 27. Condition No. 35 of Resolution 19447 (Energy Dissipators). In satisfaction of Condition No. 35 of Resolution 19447, the Developer agrees to provide energy dissipators at all storm drain outlets as required by the City Engineer to maintain non-erosive flow velocities, IJj8'1/ --......- 11 28. Condition No. 36 of Resolution 19447 (FEMA). In satisfaction of Condition No. 36 of Resolution 19447, the Developer agrees to request, if necessary, that the Federal Emergency Management Agency (FEMA) revise the effective Flood Insurance Rate Map (FIRM) and Flood Insurance Study (FIS) report for the area influenced by the EastLake Trails project Developer acknowledges and agrees that a revision may be warranted for the project area due to improvements to Salt Creek and the possibility of proposed residential units for the project currently being shown within a flood zone. 29. Condition No. 37 of Resolution 19447 (Lot P-2 Access). In satisfaction of Condition No, 37 of Resolution 19447, the' Developer agrees to design and construct the improved access extending easterly from Lot P-2 to the easterly subdivision boundary so that access is not impeded for pedestrians and vehicles due to upstream runoff and acknowledges and agrees that potential solutions may include a bridge over the creek or an adequately sized drainage pipe under the Improved access or any other solution satisfactory to the City Engineer. , 30. Condition No. 38 of Resolution 19447 (Erosion Plan). In satisfaction of Condition No, 38 of Resolution 19447, the Developer agrees to submit to and obtain approval from the City Engineer and Director of Planning and Building for an erosion and sedimentation control plan as part of grading plans, 31. Condition Nos. 39 and 119 of Resolution 19447 (Mitigation Plan). In partial satisfaction of Condition Nos. 39 and 119 of Resolution 19447, the Developer agrees to submit a detailed mitigation plan, prior to issuance of the first grading permit for the Property, for the creation and enhancement of riparian vegetation within the Salt Creek Corridor. The Developer acknowledges and agrees that the plan will be subject to approval by the Director of Planning and Building, Developer further agrees that the mitigation plan shall include components addressing performance standards, maintenance requirements (e,g, pest control, weeding, and plant replacement), monitoring, report preparation, perimeter fencing, signage and a sales disclosure document advising home buyers that Lot OS-2 is a protected environmental preserve lot; and that the wetland mitigation area shall be maintained in accordance with the Wetland Mitigation Plan. The mitigation plan shall be recorded and become part of the CC&R's for the Project 32. Condition No. 40 of Resolution 19447 (Access Area). In satisfaction of Condition No, 40 of Resolution 19447, the Developer agrees to provide a minimum of 3 feet of flat ground access area from the face of any wall to the beginning of the slope rounding for wall maintenance, unless as otherwise approved by the City Engineer. 33. Condition No. 43 of Resolution 19447 (Off-Site Grading). In satisfaction of Condition No, 43 of Resolution 19447, the Developer agrees to obtain notarized letters of permission for all off-site grading work prior to issuance of grading permit for work requiring said off-site grading, /18"/;2.. - 12 34. Condition No. 45 of Resolution 19447 (Slope Construction). In satisfaction of Condition No, 45 of Resolution 19447, the Developer agrees to design and construct the inclination of each cut or fill surface resulting in a slope to not be steeper than 2:1 (two horizontal to one vertical) except for minor slopes as herein defined, Developer further agrees that all constructed minor slopes shall be designed for proper stability considering both geological and soil properties. Developer acknowledges that a minor slope may be constructed no steeper than one and one-half horizontal to one vertical (1,5:1) contingent upon: a, Submission of reports by both a soils engineer and a certified engineering geologist containing the results of surface and subsurface exploration and analysis which results should be sufficient for the soils engineer and engineering geologist to certify that in their professional opinion, the underlying bed rock and soil. supporting the slope have strength characteristics sufficient to provide a stable slope and will not pose a danger to persons or property; and , b. The installation of an approved special slope planting program and irrigation system; and c, A "Minor Slope" is defined as a slope four (4) feet or less in vertical dimension in either cut or fill, between single family lots and not parallel to any roadway, 35. Condition No. 46 of Resolution 19447 (Erosion). In satisfaction of Condition No, 46 of Resolution 19447, the Developer agrees to defend, indemnify, and hold harmless the City, and its agents, officers and employees, from any claim, action, or proceeding against the City, or its agents, officers or employees, related to erosion, siltation or increased flow of drainage resulting from the EastLake Trails project. City agrees to reasonably cooperate with Developer in the defense of any such action, claim or proceeding, 36. Condition No. 47 of Resolution 19447 (Sewer). In satisfaction of Condition No. 47 of Resolution 19447, the Developer agrees to design all sewer access points (manholes) to be located at street centerline or at the center of a travel lane or as otherwise approved by the City Engineer. 37. Condition No. 48 of Resolution 19447 (Sewer). In satisfaction of Condition No. 48 of Resolution 19447, the Developer agrees to provide a sewer profile study for all deep "Local" and "Trunk" sewer lines (15' in depth or greater) which indicates that no other feasible alternative exists except for deep sewer lines. Developer acknowledges that if the p'rofile study is approved by the City Engineer, the deep sewer lines will be permitted for construction, 38. Condition No. 49 of Resolution 19447 (Sewer). In satisfaction of Condition P/tJ -'/;J - 13 No, 49 of Resolution 19447, the Developer agrees to install parallel sewer lines for sewer lines greater than 15 feet in depth if lateral lines are to be connected to these lines unless otherwise approved by the City Engineer. Developer further agrees that for sewer lines greater than 20' in depth, C900 PVC, shall be used from manhole to manhole, 39. Condition No. 51 of Resolution 19447 (Salt Creek Sewer Fee). In satis- faction of Condition No, 51 of Resolution 19447, the Developer agrees to pay in full for all sanitary sewer facilities required for development of any lot subject to Salt Creek Sewer Basin DIF prior to issuance of the first building permit 40. Condition No. 52 of Resolution 19447 (Sewer), In satisfaction of Condition No. 52 of Resolution 19447, the Developer agrees to provide improved access to all sewer manholes to withstand H-20 wheel load or other loading as approved by the City Engineer. 41. Condition No. 53 of Resolution 19447 (Sewer). In satisfaction of Condition No, 53 of Resolution 19447, the Developer agrees to design and.construct sewer access points to not be located on slopes or in inaccessible areas for maintenance equipment 42. Condition No. 54 of Resolution 19447 (Sewer). In satisfaction of Condition No, 54 of Resolution 19447, the Developer agrees to provide sewer manholes at all changes of alignment of grade, Developer further agrees that sewers serving 10 or less equivalent dwelling units shall have a minimum grade of 1%, 43. Condition No. 55 of Resolution 19447 (Sewer). In satisfaction of Condition No, 55 of Resolution 19447, the Developer agrees to design and construct all sewers ending in a cul-de-sac with a manhole placed at the center of the cul-de-sac, unless otherwise approved by the City Engineer. 44. Condition No. 57 of Resolution 19447 (Withhold Permits). In satisfaction of Condition No, 57 of Resolution 19447, the Developer agrees that the City may withhold building permits for the subject subdivision if anyone of the following occur: a. Regional development threshold limits set by the East Chula Vista Transportation Phasing Plan, as amended from time to time, have been reached. b, Traffic volumes, levels of service, public utilities andlor services exceed the adopted city threshold standards in the then effective Growth Management Ordinance and Growth Management Program, c, The required public facilities, as identified in the PFFP or as amended or otherwise conditioned have not been completed or constructed to satisfaction of the City, The developer may propose changes in the timing and sequencing of development and the construction of improvements affected, In such case, the PFFP may be amended as approved by the 1~{1-/ý - 14 Director of Planning and Building and Director of Public Works, 45. Condition No. 58 of Resolution 19447 (Indemnification). In satisfaction of Condition No, 58 of Resolution 19447, the Developer agrees to defend, indemnify and hold harmless the City and its agents, officers and employees, from any claim, action or proceeding against the City, or its agents, officers or employees to attack, set aside, void or annul any approval by the City, including approval by its Planning Commission, City Councilor any approval by its agents, officers, or employees with regard to this subdivision pursuant to Section 66499,37 of the State Map Act provided the City promptly notifies the subdivider of any claim, action or proceeding and on the further condition that the City fully cooperates in the defense, 46. Condition No. 59 of Resolution 19447 (Cable Television), In satisfaction of Condition No, 59 of Resolution 19447, the'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 4nit within the Final Map area, as described on Exhibit "A", 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 Final Map only to those cable television companies franchised by the City of Chula Vista the condition of such grant being that (a) such access is 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 in 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 determination by the City of Chula Vista that they have violated the conditions of grant 47. Condition No. 60 of Resolution 19447 (No Protest). I n satisfaction of Condition No 60 of Resolution 19447, the Developer agrees to not protest formation of a district for the maintenance of the drainage channel in Salt Creek or for the maintenance of the landscaped medians, open space, and parkways along streets within and adjacent to subdivision, This agreement to not protest shall not be deemed a waiver of the right to challenge the amount of any assessment which may be imposed due to the addition of these improvements and shall not interfere with the right of any person to vote in a secret b"allot election, 48. Condition Nos. 62 and 125 of Resolution 19447 (Noise Study). In partial satisfaction of Condition Nos. 62 and 125 of Resolution 19447, the Developer agrees to /LjfJ'" /..5 --_._---- 15 provide a noise study to the satisfaction of the Director of Planning and Building prior to issuance of the first building permit for the Project to identify noise impacts generated by surrounding streets and determine the necessary mitigation measures to insure that all dwelling units will be designed and constructed to preclude interior noise levels over 45 dBA and exterior noise exposure over 65 dBA The Developer further agrees to implement all mitigation measures including construction of noise walls and berms as recommended in the noise study to reduce noise impacts. 49. Condition No. 63 of Resolution 19447 (MSCP). In satisfaction of Condition No, 63 of Resolution 19447, the Developér agrees to participate in a regional or sub- regional multi-species coastal sage scrub conservation plan, The Developer further agrees to implement all the remedial measures recommended in the report, 50. Condition No. 64 of Resolution 19447 (Affordable Housing). In satisfaction of Condition No, 64 of Resolution 19447, the Developer agrees to, within 60 days of approval of this Agreement, enter into an agreement with the City to provide affordable housing units as specified in the adopted EastLake Comprehensive Affordable Housing Program, 51. Condition No. 65 of Resolution 19447 (IODs). In satisfaction of Condition No, 65 of Resolution 19447, the Developer agrees to provide the City, prior to execution of this Agreement, with irrevocable offer(s) of dedication (IODs), in accordance with Government Code Section 7050, a fee interest, free and clear of all encumbrances, in the real properties shown on the Final Map as park lots and open space lots and offered to the City for acceptance on such map, 52. Condition Nos. 66 and 70 of Resolution 19447 (HOA Maintenance). In partial satisfaction of Condition Nos, 66 and 70 of Resolution 19447, the Developer agrees to establish a Home Owner's Association (HOA) for the perpetual maintenance of, including but not limited to, the Project private open space lots, slope areas, landscape and irrigation, perimeter walls within open space lots, the mitigation area (Lot OS-2) and medians and parkways on Clubhouse Drive, King Creek Way and Oak Springs Drive (referred to collectively herein as "Maintenance Areas"), Developer further agrees to structure the HOA maintenance program, including maintenance crew qualifications and other contractual arrangements to the satisfaction of the Director of Planning and Building and agrees to include the maintenance requirements within the CC&R's for the Project 53. Condition No. 71 of Resolution 19447 (D.G. Walkway Maintenance). In satisfaction of Condition No, 71 of Resolution 19447, the Developer agrees to maintain all decomposed granite (D,G.) walkways by a Home Owner's Association (which responsibility shall be set forth in the project's CC&R's). Developer further agrees that all proposed D,G walkways including, but not limited to, the walkways proposed along the north side of Clubhouse Drive, north side of Olympic Parkway and along the east side of South /1{(1'" It - 16 Creekside Drive and North Creekside Drive, shall not have vertical obstacles and obstructions such as public utility vaults, boxes, etc, constructed within them, 54. Condition No. 72 of Resolution 19447 (HOA Verification). In satisfaction of Condition No, 72 of Resolution 19447, the Developer agrees to provide written verification to the satisfaction of the City Engineer and Director of Planning and Building that all improvements located on open space lots will be incorporated into and maintained by the Home Owner's Association (HOA), Developer further agrees that the Project CC&R's shall contain provisions regarding the maintenance of the open space lots to the satisfaction of the City Engineer and Director of Planning and Building. 55. Condition No. 73 of Resolution 19447 (Public Maintenance Agreement). In satisfaction of Condition No, 73 of Resolution 19447, the Developer agrees to enter into a maintenance agreement and grant easements ás necessary for landscaping maintained by a HOA within City right-of-way or such other areas as required by the City, , 56. Condition No. 74 of Resolution 19447 (Private Utilities). In satisfaction of Condition No, 74 of Resolution 19447, the Developer agrees to not install privately owned water, reclaimed water, or other utilities crossing any public street and that 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 this area, 4, 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, 57. Condition No. 75 of Resolution 19447 (Assessment Districts). In s'atisfaction of Condition No, 75 of Resolution 19447, the Developer agrees to pay all costs associated with apportionment of assessments for all City assessment districts as a result of subdivision of lands within the boundary, Developer further agrees, on or before June 30, 1999, to submit an apportionment form and provide a deposit as determined by and J1ß"/? -' -~~_. 17 to the City to cover costs, 58. Condition No. 76 of Resolution 19447 (Disclosure Form). In satisfaction of Condition No. 76 of Resolution 19447, the Developer agrees to prepare a disclosure form, subject to the approval of the City Engineer, to be signed by home owners acknowledging that additional fees have been paid into the Assessment District or the Transportation DIF fund, and that these additional fees are reflected in the purchase price of the home for those units, should the development have a density change from that indicated in the Assessment District Engineer's Report, 59. Condition No. 77 of Resolution 19447 (Tax Disclosure). In satisfaction of Condition No, 77 of Resolution 19447, the Developer agrees to submit, within 30 days of the approval date of this Agreement, all Special Tax and Assessment disclosure forms for each model size or EDU for the approval of the City Engineer. 60. Condition No. 78 of Resolution 19447 (Ass~ssment District). In satisfaction of Condition No, 78 of Resolution 19447, the Developer agrees to comply with the terms and conditions of the Acquisition/Financing Agreement for Assessment District 94-1, CO 94-064, approved by Council Resolution 17483 as said terms and conditions may be applicable to this development 61. Condition No. 79 of Resolution 19447 (Open Space/R.O.W.). In satisfaction of Condition No, 79 of Resolution 19447, the Developer agrees to design and construct all of the utilities that service open space within the limits of the open space or dedicated City right-of-way, 62. Condition No. 80 of Resolution 19447 (Open Space Walls). In satisfaction of Condition No, 80 of Resolution 19447, the Developer agrees that walls which are located within open space shall have owners of adjoining lots sign a statement when purchasing their homes that they are aware that the wall is on Open Space property and that they may not modify or supplement the wall or encroach onto Open Space property, Developer further agrees that these restrictions shall be reflected in the project CC&R's and a copy of said restrictions shall be provided to the City for its approval. 63. Condition No. 81 of Resolution 19447 (Landscape Consultant). In satisfaction of Condition No, 81 of Resolution 19447, the Developer agrees that prior to the issuance of the 50th building permit for the Project, enter into the City's standard three party Agreement with the City of Chula Vista and a landscape architecture consulting firm for the preparation and processing of the Project's Community Park Master Plan (P-1 & P-3). Developer further agrees to fund all the cost associated with the design of the parks associated with such agreement and acknowledges that said agreement will include, but not be limited to, master planning, design development phase, construction document phase and construction supervision phase for the park sites. Developer agrees that the J'I[!"/r' .- 18 construction documents shall reflect the then current requirements of the City's Code I Landscape Manual requirements and the City-Wide Parks Master Plan, if adopted, 64. Condition No. 82 of Resolution 19447 (Park Master Plan). In satisfaction of Condition No, 82 of Resolution 19447, the Developer agrees that prior to the issuance of the 350th building permit for the Project, prepare, submit and obtain the approval from the Director of Planning and Building for the Project's Community Park Master Plan (P-1 and P-3), The Community Park Master Plan shall include facilities and amenities prescribed in the forthcoming City-wide Parks Master Plan as adopted by City Council. In the event that the forthcoming City-wide Parks Master Plan is not adopted before the community park design begins, the Director of Planning and Building shall determine the appropriate park facilities for the community park and Developer agrees to comply with any such determination. 65. Condition No. 83 of Resolution 19447 (Park Phasing). In satisfaction of Condition No, 83 of Resolution 19447, the Developer agrees too design, construct and dedicate park facilities as prescribed in the following park development phasing program: a, Obtain the necessary City approvals and complete park master plan construction documents prior to approval of the 600th building permit for the project b, Select contractors, as approved by the director of Planning and Building, and begin grading and construction of the community park, including all facilities and amenities, prior to issuance of the 650th building permit for the project c, All improvements to the community park, as defined by the approved construction documents, shall be completed to the satisfaction and approval of the Director of Planning and Building prior to the issuance of the 780th building permit for the project d, Provide maintenance of the completed community park for a period of one- year from the completion of the park to acceptance of the facility by the City, e. Final alignment, design (including signs), width and construction specifications for the greenbelt trail along the east edge of the Salt Creek open space corridor shall be approved by the Planning and Building Director in conjunction with and subject to the development phasing of the overall community park design, f, The Director of Planning and Building may, at his sole discretion, delay the park development phasing and construction sequence should conditions change to warrant such delay, If in the opinion of the City, delay is caused by the City, the Developer may be allowed to delay construction of the park, 66. Condition No. 84 of Resolution 19447 (Private Park, Lot P-2). In satis- faction of Condition No. 84 of Resolution 19447, the Developer agrees to design and complete to the satisfaction of the Director of Planning and Building the construction of the Jt./fJ..../1 ~ 19 private park (Lot P-2) prior to issuance of the 150'h building permit for the Project 67. Condition No. 85 of Resolution 19447 (Landscape Master Plan). In satisfaction of Condition No, 85 of Resolution 19447, the Developer agrees, within 20 days of City Council approval of this Agreement, to prepare, submit and obtain the approval of the Director of Planning and Building for a comprehensive Landscape Master Plan for the Project 68. Condition No. 86 of Resolut!on 19447 (Landscape and Irrigation Plan). In satisfaction of Condition No, 86 of Resolution 19447, the Developer agrees, within 45 days of City Council approval of this Agreement, to prepare, submit and obtain approval by the Director of Planning and Building for detailed landscape and irrigation plans, including water management guidelines in accordance with the Chula Vista Landscape Manual and Section 11.4, Design Guidelines, of the EastLake Trails SPA for the associated landscaped areas in each Final Map prior to the approval of each Final Map. Developer further agrees if Poplus species trees are incorporated in the EastLake Trails Landscape theme, appropriate installation methods acceptable to the Director of Planning and Building shall be prescribed in the landscape improvement plans, 69. Condition No. 87b of Resolution 19447 (Pedestrian Walkway). In satisfaction of Condition No, 87b of Resolution 19447, the Developer agrees to construct pedestrian walkway connections from the cul-de-sac ends on both Streets "K" and "J" through open space lot F to Clubhouse Drive to the satisfaction of the Director of Planning and Building, 70. Condition No. 89 of Resolution 19447 (Relocate Utilities). In satisfaction of Condition No, 89 of Resolution 19447, the Developer agrees to relocate at Developer's own expense, the necessary above and underground utilities serving individual homes to accommodate the required street trees with the street tree planting easement if determined necessary by the City. 71. Condition No. 100 of Resolution 19447 ("As-Built"). In satisfaction of Condition No, 100 of Resolution 19447, the Developer agrees to submit "as-built" improvement and grading plans as required by the City Subdivision Manual and to provide the City said plans in a digital DXF. file format 72. Condition No. 101 of Resolution 19447 ("As-Built" File Submittals). In partial satisfaction of Condition NO.1 01 of Resolution 19447, the Developer agrees, upon request of the City Engineer, to submit as-built grading and improvement plans in a digital DXF. file format Developer further agrees to provide security to guarantee the ultimate submittal of grading and improvement digital files and to update electronic files after any construction pen and ink changes to the grading or improvement plans and resubmit to the City, / If' !1 ". ;LéJ ~~ 20 73. Condition Nos. 104, 105 and 107 of Resolution 19447 (HOA CC&R's). In satisfaction of Condition Nos. 104, 105 and 107 of Resolution 19447, the Developer agrees to create a Home Owner's Association (HOA) to maintain in a professional manner the "Maintenance Areas", Developer agrees to complete the formation of the HOA prior to making application for the first building permits 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 provision of this paragraph, Developer agrees that the City has the right to withhold issuance of any building permits for the Project if no HOA is established to m¡3intain the Maintenance Areas or the City has not approved the final version filed with the Department of Real Estate of the HOA's CC&R's, Any revisions to such CC&R's shall be approved by the City. On or before 60 days from the date of Council approval of this Agreement, Developer shall submit and obtain the City's approval of the CC&R's and other appropriate documentation, describing the maintenance standards and responsibility of the HOA's for the Maintenance Areas within the Property, Developer acknowledges that the HOA's maintenance of the open space may expose the City to liability. Developer agrees to establish an HOA that will indemnify and hold the City harmless from any negligence of the HOA in the maintenance of such Maintenance Areas, Developer agrees to structure the HOA to allow annexation of future tentative map areas in the event the City Engineer and Director of Planning and Building require such annexation of future tentative map areas, Developer agrees to include the following provisions within the HOA's CC&R's: 1, Before any revisions to provisions of the CC&R's that may effect the City can become effective, said revisions shall be approved by the City, 2, The HOA shall identify 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 HOA. 3. The HOA 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 HOA. 4, The HOA 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 5. The CC&R's shall include provisions assuring HOA membership in an advance notice such as the USA Dig Alert Service in perpetuity. J c.j ß"'" ). I - ...·.u.._.._._____ 21 6, Name the City of Chula Vista as party to the CC&R's authorizing the City to enforce the terms and conditions in the CC&R's in the same manner as any owner within the Project 7, The HOA shall not seek to be released by the City from the maintenance obligations within the mitigation areas required for the Project's Section 404 permit Developer further agrees that the provisions to be contained within the CC&R's which reflect Condition Nos, 104, 105 and 107 of the Resolution and this section may not be revised at any time without prior written permission of the City, The City shall not unreasonably withhold its approval of the CC&R's or other said documentation. Any amendment to these documents shall be submitt~d to the City for the City's approval prior to becoming effective, 74. Condition No. 106 of Resolution 19447 (Notice to-owners). In satisfaction of Condition No, 106 of Resolution 19447, the Developer agrees that future property owners shall be notified during escrow by a document to be initialized by the owners, and approved by the City Engineer and Director of Planning and Building of the maintenance responsibility of the HOA and their estimated annual cost 75. Condition No. 108 of Resolution 19447 (Water Conservation). In satisfaction of Condition No, 108 of Resolution 19447, the Developer agrees to modify the EastLake Trails Water Conservation Plan to incorporate all new water conservation policies adopted by the City Council and further agrees to comply and remain in compliance with said policies once they are adopted, 76. Condition No. 109 of Resolution 19447 (Bus Shelters). In partial satis- faction of Condition No, 109 of Resolution 19447, the Developer agrees that the three (3) bus shelters proposed along Hunte Parkway shall have the exact location, bus shelter design, lighting, etc, reviewed and approved by the Director of Public Works prior to installation. 77. Condition No. 110 of Resolution 19447 (Affordable Housing). In satisfaction of Condition No. 110 of Resolution 19447, the Developer agrees to, within 60 days of City Council approval of this Agreement, submit the necessary Planning application to incorporate the EastLake Comprehensive Affordable Housing Program and EastLake Community Purpose Facilities Master Plan, as adopted by City Council ~esolution 19275 in the EastLake III General Development Plan and SPA. 78. Condition No.111 of Resolution 19447 (Withhold Permits). In satisfaction of Condition No, 111 of Resolution 19447, the Developer agrees that the City may withhold building permits for any of the phases of development identified in the Public Facilities Jtfß").J. ".-. - -.-.-.'-.,-,. ----..-- 22 Financing Plan (PFFP) if the required public facilities, as identified in the PFFP or as amended or otherwise conditioned, have not been completed or constructed to satisfaction of the Director of Planning and Building and City Engineer. The property owner may propose changes in the timing and sequencing of the development and the construction of improvements affected, In such cases, the PFFP may be amended as approved by the Director of Planning and Building, 79. Condition No. 112 of Resolution 19447 (Notice to Owners). In satisfaction of Condition No,112 of Resolution 19447, the Developer agrees to provide, prior to issuance of the model home building perm"its for the Project, the City with a copy of the disclosure to homeowners of cost associated with Mello-Roos, assessment and open space district's required by Ordinance 2275, , 80. Condition No. 114 of Resolution.19447 (Street Sweeping). In satisfaction of Condition No, 114 of Resolution 19447, the Developer agrees to contract with the City's current street sweeping franchisee, or other server approved by the Director of Public Works to provide street sweeping for each phase of development on a frequency and level of service comparable to that provided for similar areas of the City, The developer shall cause street sweeping to commence immediately after the final residence, in each phase, is occupied and shall continue sweeping until such time that the City has accepted the street or 60 days after completion of all punch list items, whichever is shorter. The developer further agrees to provide the City Conservation Coordinator with a copy of the memo requesting street sweeping service which memo shall include a map of areas to be swept and the date the sweeping will begin, 81. Condition No. 115 of Resolution 19447 (Brush Clearance). In satisfaction of Condition No, 115 of Resolution 19447, the Developer agrees to provide the Initial Cycle of fire managemenUbrush clearance within lots adjacent to natural open space areas subject to approval by the Fire Marshal and Director of Planning and Building. 82. Condition No. 116 of Resolution 19447 (Fire Hydrants). In satisfaction of Condition No, 116 of Resolution, the Developer agrees to install fire hydrants every 500 ft, for single family residential units and every 300 ft. for multi-family residential units. Developer further agrees to install and make operable the hydrants and 20' fire access roads prior to delivery of combustible building materials, 83. Condition No. 118 of Resolution 19447 (Water). In satisfaction of Condition No, 118 of Resolution 19447, the Developer agrees to install potable and rßcycled water infrastructure improvements and comply with related requirements as prescribed in the EastLake Trails Sub-Area Water Master Plan prepared by John Powell and Associate, September, 1998, including but not limited to, the following: a, Provide a letter from OWD confirming that upon completion of the potable J,/ß"';.3 - 23 and recycled water infrastructure facilities, the Developer shall dedicate the improvements to the Otay Water District; b, Extend the existing potable and recycled water mains in Hunte Parkway south to Olympic Parkway, and construct mains in Olympic Parkway from Hunte Parkway to the Olympic Training Center; and c. Remove the temporary 12" pipeline that crosses the EastLake Trails project after the water lines prescribed in the Sub-Area Water Master Plan are installed, 84. Condition No. 120 of Resolution 19447 (Permits). In satisfaction of Condition No, 120 of Resolution 19447, the Developer agrees to obtain State Department of Fish & Game (1603 Streambed Alteration Agreement) and Federal (Section 404 Clean Water Act) permits prior to approval of grading permit for the Project 85. Condition No. 121 of Resolution 19447 (Code Compliance). In satisfaction of Condition No, 121 of Resolution 19447, the Developer agrees to comply with all applicable sections of the Chula Vista Municipal Code, Developer further agrees that 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. 86. Condition No. 122 of Resolution 19447 (Underground Utilities). In satis- faction of Condition No, 122 of Resolution 19447, the Developer agrees to underground all utilities within the Project in accordance with Municipal Code requirements. 87. Condition No. 123 of Resolution 19447 (Code Compliance). In satisfaction of Condition No, 123 of Resolution 19447, the Developer agrees to pay all applicable fees in accordance with the City Code and Council Policy, including, but not limited to, the following: Prior to issuance of the first building permit: 1. The Transportation and Public Facilities Development Impact Fees. 2, Signal Participation Fees, 3. All applicable sewer fees, including but not limited to sewer connection fees. 4. SR-125 impact fee, 5, Salt Creek Sewer Basin Fee 88. Condition No. 124 of Resolution 19447 (Clean Water). In satisfaction of Condition No, 124 of Resolution 19447, the Developer agrees to comply with all relevant Federal, State, and Local regulations, including the Clean Water Act and shall provide all required testing and documentation to demonstrate said compliance as required by the City Engineer. 89. Condition No. 126 of Resolution 19447 (Urban Runoff). In satisfaction of /Ifß/,2t( - 24 Condition No, 126 of Resolution 19447, the Developer agrees to comply with all applicable regulations established by the United States Environmental Protection Agency (USEPA) as set forth in the National Pollutant Discharge Elimination System (NPDES) permit requirements for urban runoff and storm water discharge and any regulations adopted by the City of Chula Vista pursuant to the NPDES regulations adopted by the City of Chula Vista pursuant to NPDES regulations and requirements, Developer further agrees to file a notice of intent with the State Water Resources Control Board to obtain coverage under the NPDES General Permit for Storm Water Discharges Associated with Construction Activity and shall implement a Storm Water Pollution Prevention Plan (SWPPP) concurrent with the commencement of grading activities. Developer agrees that the SWPPP shall include both construction and post construction pollution prevention and pollution control measures and shall identify funding mechanisms for post construction control measures, 90. Satisfaction of Conditions. City agrees that the execution of this Agreement constitutes satisfaction or partial satisfaction of Developer's obligation of Condition Nos, 2 (portion), 2a, 2b, 2d, 2e, 2f, 2g, 2i, 2j, 7, 8, 9, 1Q, 12, 13, 16, 18, 19,20, 21,22,23,24,25,26, 27, 28,29(portion), 30, 31, 32,33, 34, 35, 36,37, 38, 39,40,43, 45,46,47,48,49,51,52,53,54,55,57,58,59,60,62,63,64,65,66, 70, 71, 72, 73, 74, 75,76,77,78,79,80,81,82,83,84,85,86, 87b, 89,100,101 (portion), 104, 105, 106, 107,108,109 (portion), 110, 111, 112, 114, 115, 116, 118, 119, 120, 121, 122, 123, 124, 125, and 126 of Resolution 19447 for the EastLake Trails South Final Map, 91. Unfulfilled Conditions. Developer hereby agrees, unless otherwise conditioned, that Developer shall comply with all unfulfilled conditions of approval of the EastLake Trails Chula Vista Tract No, 99-03 Tentative Map (adopted by Resolution 19447) and shall remain in compliance with and implement the terms, conditions and provisions of the Resolution, 92. Recording, This Agreement, or an abstract hereof prepared by either or both parties, may be recorded by either party. 93. 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, 94. 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 ...- /t.(ß - b -. 25 (3) business days have elapsed following deposit in the U,S. mail, certified or registered mail, return receipt requested, first-class postage prepaid, addressed to the address indicated in this Agreement A party may change such address for the purpose of this paragraph by giving written notice of such change to the other party, CITY OF CHULA VISTA 276 Fourth Avenue Chula Vista, CA 91910 Attn: Director of Public Works Developer: The EastLake Company, LlC 900 Lane Avenue, Suite 100 Chula Vista, CA 91914 , Attn: William T. Ostrem A party may change such address for the purpose of this paragraph by giving written notice of such change to the other party in the manner provided in this paragraph, b, Captions, Captions in this Agreement are inserted for convenience of reference and do not define, describe or limit the scope or intent of this Agreement or any of its terms, c, Entire Agreement. This Agreement contains the entire agreement between the parties regarding the subject matter hereof. Any prior oral or written representations, agreements, understandings, andlor statements shall be of no force and effect This Agreement is not intended to supersede or amend any other agreement between the parties unless expressly noted, d, Preparation of Agreement. No inference, assumption or presumption shall be drawn from the fact that a party or his attorney prepared and/or drafted this Agreement It shall be conclusively presumed that both parties participated equally in the preparation and/or drafting this Agreement e. Recitals; Exhibits, Any recitals set forth above and exhibits referenced herein are incorporated by reference into this Agreement f. Attorneys' Fees, If either party commences litigation for the judicial interpretation, reformation, enforcement or rescission hereof, the prevailing party will be entitled to a judgment against the other for an amount equal to reasonable attorney's fees and court costs incurred, The "prevailing party" shall be deemed to be the party who is Irß~~¡' _.. ...._-"'_..._~..__........_--- 26 awarded substantially the relief sought (NEXT PAGE IS SIGNATURE PAGE) , J1ß";;? - -----.- ------- 27 SIGNATURE PAGE TO SUPPLEMENTAL SUBDIVISION IMPROVEMENT AGREEMENT EASTLAKE TRAILS SOUTH CHULA VISTA TRACT NO. 99-03 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first hereinabove set forth, THE CITY OF CHULA VISTA THE EASTLAKE COMPANY, LLC, A CALIFORNIA LIMITED LIABILITY COMTY ./~ . ;¿ / ,l By: By: / .. '. ------- M.,", of the City of Ch"'. ""ta ' ~~ Th ,IT' Its: President ,; By' ç& /r~ A TIEST ' G Asâr City Clerk Its: Vice President Approved as to form by City Attorney (Attach Notary Acknowledgment) H:IHOMEIGREGT\SSIATRAI.GET /1{ß" ;.r' CALIFORNIA ALL·PURPOSE ACKNOWLEDGMENT No. 5907 J ' State of c:~ County of Al1M. J) ì €(:r' On ~ 8.., {'l11 before me, AJua.wu C:{i,¡A .nO y¡o~ tìUL,li~ , DATE NAME, TITlE OF OFFIc6f - E.G., -JANE DOE.~AR\' PUBLIC· personally appeared W¡fJ.Ùl",,^- T /} () + r1LAtA ~ -:!::J- A.MA.o , NAME(S) OF SIGNER(S ~rSOnallY known to me - OR - 0 pfÐ\'sd ts FAe SA the BQsis of sati3fð.dury ellldenae to be the person(s) whose name(s) .fa/are subscribed to the within instrument and ac- knowledged to me that hs/ghs/they executed the same in hili/her/their authorized capacity(ies), and that by his/l'ier/their signature(s) on the instrument the person(s), ·1 @ f!¡,-~"""" I or ·the entity upon behalf of which the .. MM. .1189721 0 person(s) acted, executed the instrument U NOTARY PIØJC.C.II.FORNtA In t! IAN DIEGO COUNTY !] , . CommIIIion Expi... I· ~BRUARY 12, 2002 I WITNESS my hand and official seal. )Aiv~GNS~E~ OPTIONAL Though the data below is not required by law, it may prove valuable to parsons relying on the document and could prevent fraudulent reattachment of this form, CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT D INDIVIDUAL D CORPORATE OFFICER TITLE OR TYPE OF DOCUMENT TITLE!S) D PARTNER(S) o LIMITED D GENERAL D ATTORNEY-IN-FACT NUMBER OF PAGES D TRUSTEE(S) D GUARDIAN/CONSERVATOR D OTHER: DATE OF DOCUMENT SIGNER IS REPRESENTING: NAME OF PERsQN(S) OR ENTITY(IES) SIGNER(S) OTHER THAN NAMED ABOVE 101993 NATIONAL NOTARY ASSOCIATION -8236 Remmet Ave., P.O. Box 7184. Canoga Park, CA 91309.7184 / 'Ii? ,.). 7 ....- EXHIBIT "A" BEING A SUBDIVISION OF PARCELS 1 AND 2 OF PARCEL MAP NO, 1 B211, IN THr; CITY OF CHULA VISTA, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, FEBRUARY 26, 1999 AS FILE NO, 1999-0121253 OF OFFICIAL RECORDS, A PORTION OF PARCEL 1 OF PARCEL MAP NO, 17677, 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, APRIL 9, 1996 AS FILE NO, 1996-0174537 OF OFFICIAL RECORDS AND A PORTION OF PARCEL 2 OF PARCEL MAP NO, 18064, 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, JULY 6, 1998 AS FILE NO, 1998-0416070 OF OFFICIAL RECORDS, , /tj;J,3p ~. EXHIBIT "B" :=:=SO!...U'TI':':I~ ND. -j 9~~7 ;::¡;:SOLUTION 0;: T:-;~ CITY CDUh!CIL ü;: ï:-;~ CITY 0;: Crl'JLA VISTA A??ROV¡h!:; ,:-;= S=CO!Ð ADD=IÐUTJi TO ¡:S=IR 97-04 (=ASTLAK= ,?,!-,!~S/GR~=:T'~S ¡:;=-?LAhNII~G ?ROG¡:;AfJi). IND~hIINI;:ICA ïiO'" AGR==rJi=:NT A'\!~ ESTA3LISHING CONDITIOJ\!S 0;: ~H~ T~',:AïIVE SU3D!VISION MAP ;:OR EASTLAK:: TRAILS, CHULA V~Sï A TñACT 93-03. I. RECI, ALS .!.,. ?r:Jject Si:e .- V,,'H=R::p,S, 'the area oi land whic:l ~s The sU:J1BC1 matter 01 Th;s resolution is diagrammatically represente:.1 i:î =xhibit Ä-i ::--HDugn A-5, copies 01 which are on file in the Office of the City Cierk. inC:):~8rated herei:l cy th!s reierence. and commonly known 2S =zs:¡ake ïrai1s ïenL:a~Î\'e Su:¡j:v:si:>;¡ h/¡a:J. ':î'.j¡a V~S(éi -:-:-a::: 99-03; and for the purpose of gene:aJ descrÎ;:rtÎOil herein co;;s¡s:s of 222.~ ;;:-:;£5 3::,85 i:¡::a:ed on the eaSl side of :-1:.Jn~e ?a:--Kv.csy be:wee:-, O:ay Lakes ~,:ìa::j 3:l::) t~e L::~:--e ali;¡n;"";l~nt vf Oiym;:>ic Parkway, wi:hi:-, :he ~3sï:]ake ?:anned Communiry ("=-:=,jecl Site"',; a~::J _. Project; ';DDiicatio:î i::>r :J:s:~e:IO:-,a~\' :".=;:J~Q\·a! V\/:-;=~~AS, on ûc:obe:~, -1223, ï~)2 ==s:].=;L= C::¡!i1:J3::Y (":>eveloper") filed a ten::ative subdivision map application W¡:il :he ?!annin; and 3uiidì:l9 uepaíLmen: oi the City of Chula Visla requesting approval of T~e "7"en:ative S:..r::>::]!v:sion rViEp for =asT!ake Trails, Chula Vista Tract 99-03 in order to subdivide ï:he ?:-::Jject Site îni:o seven hundred forry nine (749) residential 10:5; four super lots wì:h cacací:y for 394 dweliing units; three (3) open space lots IOS-1 through 05-3), Three (31 "ark lacs (?-1 through ?-3), school site IS-l); community pu:'"pcse facility site (CP:=); and v?~¡O~s stJeciEd icr:s {i.e. slope lots) throughout the subòivision ("?,oject"); a;¡d ~ Prior D!s::retionary !:"~~J~ :'\·:-¡:s '-. \I\fH::h=.AS, the deveio:Jr.le:ì1 ~i thE: ?:-o,;e::t Site has been the subject maner of vario~s e;¡titlements and agreemen:s. n::i'.,J:i7l9: ~I) ê ;::e:Jeíal ~eve]Q:Jment Plan, EastJake II '::25t!ake j ~x;¡ansion) Gene:-al :Jeveìo:J:-:l:::-r;. =';2:::1 P;EV:2'...:Siy appr~)\Ie:j by City Coun::il Resolution No. i 5~i 93 ("(;D?"¡ and ame:ì8e: 2y:,:y CJu:l::i =,eso!utiQ:l No. ~192ï5 on f\¡ovember 24,1933; 2) ¡~e E2st!ake ïrai:s 5e::1io:-,a; ?:2:"ìning Ä:=a ?ian ("S?L....); 3) ~astjake Trails Air Quaiity Improvement Plan (AQ¡?); L) =2s:;5¡':e 'Traiis V\a:er Conse:'"\'êtion ?ian (\~IC?); 5} EastJake Trai!s Planned Communi~y :-'lstrlct ;e;;LJ:a-¡ions: 5} :'2stJake ¡raiis Design Guidelines; 7) Eastlake Traii5 Public :=acillties ¡=inancn~ ?;a;¡; and ~i :'2st!ake Comprehensive ,l..ffordable Housing ?ro~ram, all previously ap;J:D\!e:' b,' Crry CO'J:ì::Î] ;esa!'J¡:i:m f-Jo. i 9275, and Oròinance 2755 on November 24, 1993; S) ~as::ake il] ûeve¡:J;Jment t..greement. approved on February 27, 1999; and 9) ::asi:íake Pa:-k A;.r"ee:7',::ï1, ê~;J¡:J\'e::! on Ä:..J;r.Jst 3, Î 938; 1 Q} ::s:;row Agreemeflt, a::JD7"oved on r\!¡arch 25, 1995: 8'ì:J :), P1a:-mln;; C:J:-:l:T1!SSI:J:"'; =:~:::)..: :;;'1 ,L..:::::il::2;:I:J:í . ;'18"'.11 -, =i~solution ~I 3~4 7 ?2:Je 2 WH=R=t-.S, ,he ?Ianning C::>mmission held an adven;sed public hearing on ,he Project ::>:1 .~pril 23, 1999 and, atter hearing staff presen,ation and public tes,imony, voted ( - ) re:ommend that the City Council apprDve the PrDje~t, in a::o,dance with the findings and subject tD ,he conditiDns listed belDw, _. C,ty CDuncil Record Df ApplicatiDns WHER=,c"S, a duly called and noticed public hearing Dn the Project was held before the C:,:y Council of the City of Chula Vis:a on hf,ày 4, 1999, Dn the Project and to receive the re:::>mmendations of the Planning Commission, and to hear public testimony with regard to sa:71e; and . . V\lH=¡:;~.L.S. ~he city cierk set the time and p¡ace f or a hearing ·on said tentative subdivision map application and notice of said hearing, tDgether with its purpose, was given by i:s publication in a newspaper of general circulation in the C,ty, and its mailing to property owners within 500 ft. of the exterior boundary of the projes1 at least ten days prior to the hEaring; and WH::R::AS, -¡he hearing was held at -¡he time and place as advertise!!, namely 6:00 p.m, IJiay 4,1999, in :he Council Chambers, 276 ¡:::>unh Avenue, before -¡he City Council and said :,sE!:-Îng was therEa7L:er c:ioseo. NOW, TH::;:;:: ¡: 0;::::: , S:: IT ;:::::SOL V::D -¡roat the Ci-¡y COCJncil does hereby find, determine and resolve as follows: II. PLANNING COMrJlISSION R:CO;:::O The prDceedings and all evidence inTroduced before -¡he Planning CommissiDn at their pCJblic hearing on the PrDject held on April 28, 1999, and 1he minutes and resolutiDns resulting the:-efrom, are hereby incorporated into The Te::ord of this proceeding. ¡JJ. PR::VIOUS =IR-97-04 r:::VI=VV::D AND C'JI610=R:D; ;:INDINGS; A?P;:::OVALS The City Counc:il of The City of Chu:a Visï:a has ;>revioL!sly reviewed, analyzed. cor.sidered. and certified ;:S::IR-97-04 Œastlake Trails I Greens Replanning Program). 1V. COMPLlANC:: WITH C::QA The Environmenta! Review Coordinator hes determÎned that any impacts associated \.'vi¡;' :he propcsed tentative subdivision map have been previously addressed by FSEIR 97-04 ¡::as:lake Trails/ Greens Re-planning Program) and has, therefore, prepared an addendum to said :¡R. nefined i:îTOrmation avai~able since compjetion of the EIR regarding the potential environmental impacts of the ;JT:Jject does not show that the project will have one or more significant impacts which were not previously addressed in the Final EIR.The Addendum has been prepared in a::cordance v~lith requirements of the California Environmental Quality Act. S7a:e EiR Guideiines and The =:'1vironmenL:al :=\eviev\! ?rocedures of the City of Chula Vista. \f. INDE?:=r..J:>:=''liT JU:JGrJiEt\1 O~ CiTY COUhJCIL Jil}'" J ~ ,-.-- nesolution 19447 Page 3 Tne City Council fines 'that Adde:l::LJm to ¡:SE¡R·97-04 reiles:s the mdepende:l! judgment 01 the City Council 01 the City 01 Coda V,sta and hereby adopts The Addendum to ;:S:::IR 97-04 Œastlake Trails/ Greens Replanning Program). VI. ïENTATIVE SU3DIVISIOI~ MAP FIt~DII~GS A, Pursuant to GovemÌ11em Code SectiDn 66473.5 oj the Subdivision ¡v¡ap Act. the City Council finds That the Tentative Subdivision lJiap as conditioned herein for Eastlake ïrails. Chu!a ViS'~a Tra::t No. 99·03 ~s in conforma:l::e \/vith the eiemen:s of the Ci'ty's General Plan. based on the Tollov'rling: Land Use . . a, Ihe E3stlake Traits Sec'tiona! ?;annÎng Area (S?A) plan provides for Low {D-3 du/acL Low Medium (3-6 au/ac). and Medium (6-11 du/ae) residemial densities. as well as Parks'(?!. DDen Space IDS)' Public Quasi-public support (PQ) land uses for 1143 dwelling uni,s 15.1 dulac.l. The proposed subdivision in:::orporaï:es a variety oi lo! s:::es v>.'ithin 'the density range allowed by the S?A and other lots to satisiy the ;ï3;K dedi::atioh a~d Co;nmu:-lity ?u:-pase ra:::ilì:ìes (CP;:) reqUirements. Thus, ::ìe ?r:>je::t 2S tondii:ioned. 's In substantial :::Jmpiiance with the ::as7!ake :: ~J? and ::2S7:ake Trai!s S?Ä. b, Circulation All on-site and off-site public st~eets required to serve the subdivision vvill be construcTed or DI;: lees paid oy Tne developer in accordance with The Eastlake Trails Public Facilities ;:inancing Pian. The public stree,s within ,he Project will be :jesigned per City design sTandards and/or requirements. The wesTerly adjoining street system was designed to handle the anticipated flOw of tratiic from this and other area projects. The required and amicipated oil-site improvements would be designed to handle this Project and future prOjects in ¡:~e area. c. Housina The Eastlake Comprehensive A7iordable Ho~sing Program has been adopted and incorporated into the Eastlake ¡¡ails SPA ?ian:o ensure that a minimum of ten percent affordable housing is :J~:Jvlded. In addition, a mix of housing types and lot sizes for singie-fami!y, townhouses, condominium and various apartment densities will a!so be p~ovîoed for persons oi varioLJs incomes. d, Conservation The ::nvironmen~ftl Impact ~e:)c)r't ~S=I~·97-04 and Addendum addressed the 90a!S and policies of t~e C~:;:se:v3~!on ::ier7ìent of The General Plan and found 7he development of th:s site :0 ~e consists:-It with these 90a1s and policies. /tlff;J} - ?E:solution 1 5"-47 ?a~e 4 e, "a,ks and Recreation Ooen Soace ïhe Eastlake ïrails ïentative Subdivision hf;ap provides a community park, community center. private swim complex and regional as 'Nell as community trails consis,ent with the General Plan. Eastiake II General Development plan and Eastlake ïrails goals and objectives, f. Seismic Safety ,he proposed subdivision is in coniormance with the goals and policies oi the Seismic Element oi the General ?Ian for this s1"';:e. " g. Safety 7he ì=ire Department and other emergency service agencies have reviewed the proposed subdivision for conformance with City safety policies and have determined that the proposal meets - the City Threshoid Standards ior emergency services. , h. N8!Se h.!oise mitigation meesures included in the ~nvi::):¡menta! Im::¡a::t ::ì.eport FSEI:=\- :;7-04 and Addendum adeaua,e1y address ,he noise policy oi the General Pian, ïhe project has been conditioned :0 require ,hat all dwelling units be designed to preclude interior noise leve!s over 45 dSA and exterior noise exposure over 55 d3A ior all outside private patio areas, I. Scenic Hiohwav ,ne project site is located adjacent to designated scenic highways (Olympic Parkway and Otay Lakes Road I, An average ï5-ToOt wide landscaped open space buHer and a decorative wall will be provided along these two edges and :><tended along Hun¡e Parkway. , 3icvcle Routes Sicycle lanes have been incDrporated within the Eastlake ïrai!s design and will tJe connected to the existing Eestlake Greens SPA bicycle lane system. In addition, the public streets wi~hjn the project are of adequate width to accommodate bicycle travel within t:,e interior of t:,e subdivision. k, "ubli:: 3uildinos No public buildings are propcsed on the project site. ïhe project is subject to ~Cï fees prior to issuance of building permits. 3. P:.Jrsuant to Section 66412.3 of the Subdivision fJlap Act. the Council certifies that it :---,25 considered the effect of ~his approval on :~e housing needs of t~e region and has ba¡a~ced these nee:js agains't the plJbiic :::ervice ::==':5 of the resi,:jen:s of t~e City and the 2vai1aj¡e fiscal and 9:ìvlronmen:al reSO'.JíCSS. ) 'If]" ..11 ----- r.esolution 19447 Page 5 C, The CDnfiguratiDn, DriencatiDn and to;Jography of the site partially allDws fDr the Dptimum sening Df JDtS fDr passive Dr natura! neating and cODling OPPDrtunities as required by . Government CDde SectiDn 66473.1. D. The site is physically suitable fDr residential develD;Jment and the proposal cDnforms tD all standards established by the City fDr such prDjects, E. The CDnditiDns herein impDsed Dn the grant Df permit Dr other entitlement herein cDntained is apprDximately propDrtiDnal both in nature and extent to the impact created by the prDpDsed develDpment, BE IT ¡:URTH::R R::SOL v::!) 'that the City CDun::il d :Jes hereby approve the Pr:Jject subject to the general and spe::ial CDnditiD:-:s set fDrth below, VII. GENERAL CONDITIONS OF APPROV,!..L ^ Project Site is Improvej with ?rc)1e::~ ~, Developer, or their su::::essors in in:2resl. sr¡a!! 'i:Tì:)rove the Project Site with the ?:--oject zs described in Tentative Subdivision i/¡z:J, Ch'J\a V:s:a irast 99-03 and rS~!?;-97-04 and Addendum, except as mDdified by this ::;esolution. ~ Implement MitigatiDn Measures ::0. Developer shall diligently implement, :Jr cause the implementation :Jf all mitigation measures pertaining to the Project identified in the Final Subsequent Environmental Impact RepDrt fDr Eastlake Trails, FS::I:=\-97-04 and "'ddendüm, Any such measures not satisfied by a specific cDnditiDn Df this ResDlutiDn or by the prDject design shall be implemented tD the satisfaction Df the Director of Pianning and Building, MitigatiDn Measures shall be monitDred via the Mitigation Monitoring Pragram approved ín conjunction with the FSEIR and Addendum. MDdification of the sequence of mitigatiDn shall be at the discretiDn of the DirectDr of Planning and Building should changes in the circumstances warrant such revisiDn, C, Implement previously adoDted condl!ions Df approval pertinent tD project Unless Dtherwise CDnditioned, CDmply. remain in compliance and implement. the terms. CDnditions and provisions. as are applicable:o tne oroper:y which is the subject maner Df this Tentative Map. Df: 1) The Eastlake II General DeveloDment Pian (GDP); 21 Eastlake Trails Sectional P!anning Area (SPA) Pian; 3) =2stlake "7rai1s Plan7led Community District negulations; 4) Eastlake Traiis Design G~ide¡ines; 5) ::2s:1ake ïrai!s ?'.J~!ìc racilities Financing Plan; 6) ::astlake Trails Water ConservatiDn Pian; 7) ::astlake ïraiis Air Quality Improvement Plan; S) ::astlake Trails Sub-area Water TJ:aster Plan; and 9) ::astlake Traiis Waste Water Master Plan. all approved by the Council on Navember 24. -,929. ResolutiDn No, 19275 {"Plans"}, prior to approval of the CDrresponding Final MaD· As an al:ernative. the Jeve!oper s~all em:ere::1 1:1"::0 an agreement with the Ci:y, providing the City with s~ch seÇ:uri:y (inc!udî7lg recordation of covenants running with the Ja:ld) and implementation pro:e:iures as :~1e CI::y :r,?y ~e:J',Jire. A!so assuring that. a'her aD:>roval or t:,e ~inal Tv1ap, t~e jeve]:¡per win ::¡;'l:rrï~e :O::J::lply, remaín in compliance, and im;>iement such Plans. ïne :>evei,);:J=r shall B~SO õ:g:~e :0 \'·.'a~ve any claim that the adoption Jtflj /'35" .- ê::solution i 9<:'47 ?a~e 6 of a final Wat:r Conservation Plan or Air Quality Plan constitutes an improper subsequen1 Imposition of the condition. :>. Implement Public Facilities ¡::ìnanCÎng ?:an Developer shall install public facilities in accordance with the ::astlake Trails Public ;:acilities Financing Plan as amended or as required by the City Engineer to meet threshold s;:andards adoPted by the City of Chula Vista. ihe City Engineer and Planning and Building Director may, at their discretion. modify the sequence of improvement construction should c:mditions change to warraflt such a revision. Design ,A.pproval . .. -, The Developer shall develop the lots in accordance with the ::astlake Trails Planned Community District ;;egulations and Design Guidelines and all single family lots less than 5.000 sq. tt shall be submitted for review and approval under the Ci:y's Design Review process priono submittal for building permits. \/111. SP:=Ct.L.L CDNDIIIDNS 0;: APP;;OVAL , ïhe foli:)'vvÎng canditio;;s of apDrova! are besed on two rína! h/¡aDs or development p:'ases. wh¡~h are hereinafter refeír€d 10 ?S "¡:lllial ?hase" and the "Remaining ?hzse." Unless otherwise specified. all conditions and code requirements listed below shall be fully completed to the City's satisfaction prior to approval of the Initial Phase First Final Map, SiR::ETS. R¡GHïS-OF-WA Y AND PUBLIC IM?ROV::M:=NTS 1, Provide security in accordance \rvith Chapter 18,16 of the Municipal Code and dedicate. and construct full street improvements for all public streets shown Dn the Tentative Map within the subdivlsiDn bDundary or Dff-site. as required fDr each phase in accordance with Chula Vista Design Standards, Chuia Vista Street Standards, and the Chula Vista SubdivisiDn Mano,al. unless Dtherwise apprDved by the City Engineer, Said improvements s:-,all include, but ;10t be limited to, asphalt concrete pavement, base, concrete curb, gutter and sidewalk. sewer, reclaimed water and water utilities, drainage facilities, street lights, traffic signals, signs. fire hydrants and transitiDns tD existing imprDvements in ;:he manner re:Juired by the City Engineer. All streets shall confDrm to the City's Street Design Standards PDlicy adopted by City Council Resolution No.1 5349 u;1less otherwise conditioned or approved by the City Engineer. (Engineering) 2. Construct or enter into an agreement to construct and secure the full street improvements or remaining street improvements outlined in Table .. A" below. The City Engineer and Director of Planning and 3ui!ding may, at their discretion, modify the se-quence, schedule, alignment and design of improvement construction should conditîo~s change to warra;1t suc:, a revision. J'Ifj/.J? -----_.~-_...._- ;:¡esolution 19'<;'47 Page 7 TABLE A I STREET IMPROVEMENTS FA:::UJTY FACILITY! UM:TS ACRE£ TO CONSTRUCT AND CUARANTEE NO STRm NAME CONSTRUCTIOr.: 8'1' 1 Clubhouse. Mun1e Parkway to Street" A" First Final Map Drive Initial Phast 2 I Clubhouse I St'~.1 -A- 10 .asre'~::,.1f''',..''nus w"c.\ FirSt Final Map I Dnve Streei t:. Initial Phase I 3 I Hunte 1 0:2\, L-akes Roac 10 C!~~~OU5t I Firs'l Final Map ", Parkway Drivt." Remainin~ Phase I 4 Hunte I Cluohouse Drive 10 Oak SprlT1gs I First Final Map Parkway Drive InitIal Phase I 5 I Hunte I Oak Springs Drive to Qiymp¡::; I ¡::ïrS1 Final Map I Parkway Parkway Inrtial Phase I I I ' I , 5 O¡ympic SR·115 10 HU:'"',i:- ?¡lfb'\:ZY First Fmal Map I Parkway Inn¡al PhasE I I I I I , I 7 Oiympic "'~n,e Pafkway "i.C I/'J\Jt::;1t R~j¿d Ur I:}er :::c;nSHu=110n. Comp¡et1on Parkway ~al~ FeD'wary 2D01 I I I 8 I atay Lakes I Hunte Parkway to easl:=rly I FirS1 Final MaD I R.oad subdt\'!siC)n h:)'.Jnt.¡:¡~v Rematn¡nc Pr.2.se I 9 I Street"A'" I Ci~JDt¡Duse Dnvt 10 SH~~l "l" I First Final Map Inr1ial Phase 10 Sireel '" A" :-i'.J:'1t~ Parkw?y i8 SH~t:l .. A" I Firs'! Final Map Initial Phase: a, ¡:ACILlTY NO.1 Construct Clubhouse ~"ive 10 tne oesigned fuli-width street improvements, as approved by the City Engineer, and include an 8-100t meandering decomposed granite walkway on th~ north side of the sueet and an 8-foot meandering concrete walkV\.'2Y on :he sou:h side of the s:ree1.. ïhe timing for completion of improvement consHuctio:l sha\! be pricH 1:) the opening of the proposed :;astlake Trai!s eier.lentary sehGol si:e whic::--: is scheduled to open the first quarter of the Y =ar 2000. (::ngineering) b, ¡:ACILlïY NO.2 Construct Clubhouse Drive to the designE::d Tul!-vvidth street improvements, as approved by the City :;ngineer. an~ inc!'...de an 8-foot meandering decomposed granite walkw2Y on 7h8 nanh side of the St:881 and an 8-foot meandering con=rete walkway on south side of :he street.. (=ngineering) j1(}<J? ~_.._"'._. .__..~---~---_.- ?e:solution j 3~~ 7 ?a~e 8 c. =t.CILlïY IJO. 3 C::mstruct the m!SSlng street improvements along Hunte Parkway from Otay Lakes Road to Clubhouse Drive. ¡he missing street improvements shall include the necessary grading and construction required to provide for an B-foot wide meandering concrete walkway on the eastern side of Hunte Parkway and any other street improvements:determined to be necessary by the City Engineer. Any additional street right-of-way required 10 complete said improvements shall be granted to the City prior ¡Q approval of the Initial Phase first Final Map, Œngineering) d, F.t.-CILlTY NO ~ - . ., Construct the m:ssmg street imDrovements along Hunte Park\.vay from Clubhouse Drive lD Oak Springs Drive, The missing street improvements shall mclude the necessary grading and construction required to provide ior an 8' wde meandering concrete walkway on the e2stern side of HUilte Parkway and a:1Y other s:reet im pr ovemems determined to be necessary by the City =ngmeer. Any ê!ddnional street íig:·1t-of·W2Y req'Jired ~tO complete said i:n:¡roveme:l:s shall be granted to the City pr¡:Jr to approval of t,he Initial Phase fi:-st fiíìal map. ïhe Timing for CO:Ti;J!s:ion of Îi:'"',~:over.lent cor:struction shall be D.i::>r to The O;Jening of the £asT¡ake ïrai!s elementary s::hoo! site whi::h is scheduied to open the first quarter of the YeBr 2000. (Engineering) e, FACILiïY NO.5 Construct the full-width street improvements for Hunte Parkway from Oak Springs ûrive to Olympic Parkway. Improvement plans for the subject portion of Hume Parkway have been submitted and aooroved by the City. The City of Chula Vista drawing numbe.s corres;Jonding 10 t~e strest imDrovements are 90- 1030 ,hrouºh 90-1037 and 91--"-~ through 91-57. The bonds for material and labor and faithful performance for the twO se:s of drawings vvere posted by .t.-merican Casualty Company of ¡:;sading, Pennsylvania, and the bond numbers corresponding to the two sets of drawings are 158541802 (July 23,1998) and í 58541783 (July 23, 1998), respectively. (E:1gineering) f, ¡:ACILiïY f\lO. 5 C:::;¡ns:ruc'tion of Olympic Park",'ôy from 5=:-125 10 HU:1te Parkway shall :O:7l:":lence within twelve mO~lt~s ::)1 "';:71e com;Jietion of COr:S¡:T'..JC:¡Cln phase!. II. and ¡II of Olympic Parkway, or by r"¡¡a.::h 1,2002, whichever occurs later. The City may, upon \!\'rinen request by Ü1e Developer, l1se i:s pCHf·...er of eminent domain to acquire the right of way for Olympic Parkway outside the EastLake ;:Jroperty ownership. 7he developer h2S entered into an agreement V'l.'ith the City, dated rV1ay 26, í 2:3 3. whereby the Developer agreed t:J conS"I:rU::l the ultimate fuJI-width street Î:-:lprCV21'7leni:S for Dlympic ?arkw.?v ;=2S"l: Ora:lge Avenue} frorr: :-1unte ParkV'¡.ray :Q t~e westeriy subdivision boun::a~y ~¡f the ~ês:Lôke Gree~s subdivisia:ì. c.:J:ìs:r'..Jc1ion secu¡i:y for r.-,a:er¡ai ?,:ïj ::sbor ¿ìnd 7ai-.:hful pe:farmance for sad /tfß--)r - ¡:;es:Jlution 19447 Page 9 street improvemems was peste:! by Þ-merican C"sualty C:Jmpany of Reading, Pennsylvania on rv,,,y 21,1993. and the b:Jnd number issued to the securities is 158541752, An approved set of improvement plans for the subject ultimate street improvements does not currently exist, hovl/ever. approval of such plans is anticipated in the near future, Due to the absence of appr:Jved plans, a contingency factor of 50% was added to the estimated cost of the subject street improvements and this contingency \1\.'2$ accounted for in the posted bond amount, (~ngineering) , g. FACILITY NO.7 - Olympic Parkway wås initially designed, as an interim condition, to be a four- lane roadway from Hunte Parkway to VVueste Road, Construction security for material and lab::Jf and faithful ;¡erformance for the four-lane improvements V\/25 posted by American Casualty Company of =,eading, Pennsylvania on July 23. 1998. and a Construction :?e:rmit for the im;:)Tovement \.ovork of the interim condition \Ares issued on -N"ove:;¡ber 5. 1:? ~:3. ïhe City of Chula Vista drawing numbers corresponding to said se:::~rities an::i Construction Permit are 91-~4 through 91-57 and the band n~mber ¡ssue~ i:J the securities Îs 1535417S3. Subseauent to :he in:erim f:J..y·¡?~e :"G?:J\'ì.'2\' design 8::>;JfOval. but prior 10 commencement 01 any i8ur-:a:ìe mì;J:f:)\.'E:;;ìe:¡t work.. a Cor:snuclion Change \/\.'25 performed on the afOreme:ìlioned dravl/in~s that resulted in the ultimate design of Olympic Parkway as a six-lane prime arterial. ïhe additional costs associated with constructing the six-lane roadway was secured separately by the same surety company on February ^ 1999, The bond number ~, corresponding t:J the material and labor and faithful performance of the additional improvement work is 158541373. It IS anticipated that a Construction Permit for the s:x:"lane improvement v\lork will be issued in the near future, Any right-of-way needed 10 construct this portion of Olympic Parkway shall be granted to the City on the firsi: ¡=ina! rVlap of the !nitial Phase. ïhe meandering decomposed granite walkway proposed along the frontage of the Eastla ke ïrai!s southern b:Jundary (northern side of the Olympic Parkway centerline) shall be 1 'J-~eet w¡je_ (=ngineeri;¡~) h. ~ACllïY ND 3 Construct Otay Lai:es Road ?s a ful!-w!d:~ s;x lane prime arterial along the entire from:age Gi :ne =:2S1i:-H:S ï7":::lÍs r1C)r::!~rn subdivision boundary with transitionsl0the ex;s:i;¡g roaol/l.'=Y eas:er!y Q~ :~e sastern su~d¡vision boundary. All off-site an:! on-sr::e rig~-n·oi-W2Y needed to construct the easëbound tra~sition and the u!tì:-na'te s'tf=et im;Jfo\'eme:"",:s. respectively. shall be granted pri::>f 10 approval of :~e nemaining ?hase first Final rv'1ap. ïhe schedule for construction of the ab:J\'e impro\'ei!ìen:s s~a!l:>e determÎned af approved byï:he City Engineer :Jri:Jr ~o E::~:)fova: ::.f :~e Dío~e;";ìe:1i:i:Jned finai r.-,a;:>. J¥(}-Ji ~,esQ¡ution ¡ 3~~ 7 ?a;¡e j 0 The ;Jroposed meandering sidewalk along the ::astiake Trails northern boundary (south side of Otay Lakes Roadl shall be :o:o:rete and 8-foot wide, The construction of the proposed sidewalk on tne nonh side of Otay Lakes Road ¡along the limits of the subdivIsion boundary) shall be deferred until development occurs along the north frontage of Otay Lakes Road, (Engineering) L êACILlTY NO 3 Construct Street " ^ " :0 the. 'designed full-width street improvements as ~ 2;::¡proved by the City =ngineer. The timing for completion of improvement c::msnuClion s7ìall be prior to ~;-¡e opening ::J1 the propcsed ::astlake Trai!s elementary school site, which Is s:H';;tiuled to o;Jen the first quarter of the Vear 2000, (Engineeringl J. FACILITY NO.1 ° Cor:struct Street "L" 10 the designed' ful:-widï:n street i;"";ìprovements as approved by the City Engineer, ihe timing T:)r completÎ:):l of improvement .:onstruclion shall be prior to the opening Jf the propèsed EGstlake Trai!s e)emen::arv SChOD! site, which is s::heduled ï:C: :;~en the first ~:..;arter at the Year 2000, (Engineering) 3, Provide traffic contra! devices, as ,eauired t>y the Cï7y ::ngineer, for the roundabout Street ··TJlrv'L" (Engineering) .Il Design all cul-de-sacs proposed to be a maximum of 150-feet in length to have a minimum curaline radius of 36-feet and a minimum right-oi-way radius of 46-feet. The 5.50-foot Street ïree Pianting and rJ:aintenanc:e Easement shall be granted throughout the cul-de-sac, (Engineering) 5. Design, 10 the satisfaction of the City =n~i:ìeer, Stree: "GG," Cou:-t "0" and Court "E" to preclude on-street parking on one side. I Engineerinp) 5. Submit and obtain a;Jpraval from the Director of Planning and 3uiiding and the City Engineer for all street names. No twO intersections s:'al! have the same stíeet name and street name suffjxes shaH comply with City standards. (Engineering" Planning) 7. Provide, to the sat1s7 a cti on of the ~. =ngJneer and Fire Chief, adequate .....I:y pedes:rian.'vehicu!ar street im:)rovemen:s ~():- access i.O the seho:J1 site prior to the opening of the East:ake :rai!s elemen-;:ary s:::ì~ol, w~i::~ :s s::hedu¡ed 10 open ~he first quarter of the Year 2000. ¡he improvemenTs shall in::iude, but not be limited to, the following: a: All signs and ma,kings ~elëiled -;û t:-19 ::Hopose::; elementary s:;hooL b, ?edestrian crossings across Hunte ?arkway at King Creek V'./ay, Oak Springs Drive and C!ubho:..:se wrive. c. C:):1:;:e:e sldev\'?;ks ?Ia~;; Si::"e :'e'I-,='~e: :)f :-\::: ejementa:-y s::~ool site. ;10....10 - Resolution 1 94~ 7 Page 11 d. Paved roadways along 'the en:i"e perime~e~ of the proposed elementary school site to allow for 1wo-way t:-affic and comply with the ~ire and Police Department req'Jirements. {Engineering} g, Obtain approval from the City Engineer for street light locations, !Engineering} 9, Construct sidewalk'wdths and pedestrian ramps on all walkways to meet or exceed the" Americans with D!sabilities Act" (.ADA) and CiTy standards. (Engineering 10. Obtain approval from the City EngiCleer for the design and construction of raised mediaCls on Otay Lakes ;:;oag. ClubhaC'se Deive. KIC1g Creek Way and Oak Springs Drive in conjunction with impr:::1VërÌ1enl pla;;s for each of 'these streets. (Engineering) 11, Provide a letter from the Otay \'\'a:=~ ~iS7riCl indicating that the subdivision will be provided with adequa:e water se:'"vice aCld ¡an;; 'term water sTorage facilities. (Engineering, Planning! .. ? Design and construct all Sireet interse::'tlons 7ha1 a~e 2:: or near horizontal and vertical ,_. , curves to meet the si;}:l: distance ~e:J~..Jirer.ìen:s ::Hescribed in the City standar:s. (Enginee.rinq) 13. Provide minimum 5-íO:Jt \/\·ide bicy::ie i3:ìeS Qn the fo!i:::nrl!íng si:ree:s: a. Oak S;Jrings Drive - 1r:)IT1 Hunte ParkV\.'êY 10 STree1 "A." b. King Creek Way - from HunTe ?ark~,'ay "La Sueet "33" ;' Street "CC." c, Clubhouse Drive - fram Hunte Pa,kway to easTerly terminus at Street "3," (Engineering) 1~, Acq:.Jire and :hen gra;¡: :0 the CI:\' all ., . righ:s-of-way necessary 10r the OT¡-Sl1e ÎnstaUatio:1 of require:! 5::eet improver7ìents for the affe::led phase prior to approval of the corresponding Final TJjap. (Enginee,"'ing) .. - Notify:he City at least s:x:y days priar 1a CiTY Coem::il ::onsideraTian of the affected I:J. Final tJiap, if off-sile righ:-of-\l\lay can:l:J1 be obTained as required above {Only off-site right-of.way or 8asemeC1:S aii8cTed ~y S8clian 55-<-52.5 of The Subdivision Map Act are 80vered by this condi:::ion). After said n01ifica:io:l and prior to the approval of the effected :=inal TJ!ap, 'the :jeve\oper shan: a, Pay the full C8S-': :;f aC:.T.JirÎng Q71·sí:e fig~"1i-of-\~"2Y or sasements required by the ie:ltative tv'iBP cO:l:JitÎor.s of 2:J;:HOV3!. b, ;)e:>csit wiTh :~e Ci1V 'the eS:¡~la:e:j C2S1 :;~ acquiring said right-of-way Or easemenlS. 7ne amount 01 ::íe jeDcsi1 :5 s~jject to the approval of the City ::ngmeer. _. ?re:;a:re and s",jj;-,;!: a!i eaSer:le:-;1 2:íj'CH ~i;rl:-of-Vi.'?Y doc~ments. p!a:::5 and 2:J8~a:5a¡s ;-¡eceSS3"v ':"0 C~¡;):-:ìe;¡ce c:'::l:Je~"':î-,2:i:Jn proceedin;;s. If!f ~fÍ - :=,e50Iution ¡ .944 ì ?õºe 12 If the develDper SD requests. the Cnv r:-Iav use itS pDwer Df eminent domain tD acquire right-of-way, S2semenlS or licenses needed for off-site improvements or work related to the tentative map. The develDper shall pav all CDStS. both direct and indirect incuífed in said acquisitIOn. If the City does not acquire or commence proceedin;:s for immediate possession of the propertv within the 120-dav time IImitatiDn specified in SectiDn 65462_5 Df the State SubdivisiDn Map Act, the CDndltiDn tD CDnstruct the related Dff-site imprDvements. which fall under the purview oi the ?bòve mentioned Section of the Subdivision rJ'lap Act. is waived, !Engmeering! I ~. Con.struct a temporary i.urr.around or strBeì."'improverrlents, as determined necessary by the City =ngineer and ~ire rViarsha!, at the end of temporarily stubbed streets greater than i 50-feet. In length (as measured from the nearest centerfine intersection). {Engineering! 17. Provide an interIm eas7b.:Ju:ld dece!eratio;¡ lane along D-;:ay Lakes Road for the ennance to park site í?·3j concurrent with the compietion of P·3 if the ultimate south half street Improvements 10r OLay Lakes ~oad are not completed at that \ir.le. (Engineering, Planning) , ~. ¡::'rovÎòe iilterim Hôffic c:>71~~o¡ òevlces, as required by the City Engineer, to detour pedestrian traffic to the :ìSareSl SLreet ci8ssing if a sig..al¡zed pedestrian crossing is not avaHabie when the greenbelt trail is compieted and connected to Otay Lakes Road and Olympic ?arkway. !Engineering, ?/anninçl 19. Design and construct. to the satisfaction of the City Engineer, the ex!sting street center lines. travel lanes, stripin9 and curb lines Df NDrth Greensview Drive. South Greensview Drive and ClubhDuse Drive within ~ast:ake Greens tD align with King Creek Way, Oak Springs Drive and the e>~:en.sion of C!:..Jbhouse Drive vI/ithin the =astlake Trai!s subdiv!s¡on, respectively. (EngineerinpJ 2J. Design and construct the lane reduction transitions along Clubhouse Drive, King Creek Wav and Oak Springs Drive wi,hin ~as,~ake Trails ,0 the satisfactiDn Df the Citv =ngineer. (Engineering! 21. Install, i:O the satisfactio:l of the Cii:y Engineer, street lights on traffic signal poles at the intersec1ions of Hunte Pa:kw2Y with Clubhouse ~rive, King Creek V\/ay and Oak S;:>rings ::>rive. 11 traffic sigr,a1s are not re:Juired at t;,ese intersections, ins1aJI standard s:reet ¡¡ghti:l;J f:>:tures. /=.'72ineerin;;j 22, Design a:l:J construct un:iergro:.Jnd traffic slg;;a! equipment and traffic signa! s:andarcs at the ìo:ati:>ns determine:j by the Ci:-y Engl:ìeer. (Engineering) 3~A:"!hJG AN:J D;:;,;rNAGE :3. Submit hy:j:-ol:>gic a:1:1 hyO:-éìUl1c s::"I:Jies a;¡d caicuiations, înciu:Jing dry lane cai:u¡ati:Jf1s for all pubil:; streets, Ca¡::u;2: :J~S shall 2:$0 8e provided to demonstrate t~e ade:J~a~y of downstT"ea¡:-¡ ::j:,?ir-¡?ge S:~ ...;:t:.;~es, oì:¡es an:1 inle:s. (Engineering) /'(]~'I).. --- --..-- . ~..--_. -.. Res:>!ution 19447 Page 13 '), Accomplish storm drain design on the basis oi tne requirements oi the Subdivision -~. Manual and the Grading Ordinance ( n 797 as amended!. !Engineering) ')- Provide graded access to all storm drain clean owtS or as otherwise approved by the -::>, City Engineer, !Engineering) 25. Design the stDrm òrains and other drainage iacilities tD include 5est Management Practices tD minimIze non-point source pDllution. satisiactOry to the City Engineer . !Engineering)' . 27_ Designate on the p1ans 2S p!ivate, to the point of conne::tion with the public system, all storm drain systems that'collect water Trom private property, !Engineering) 28. Design and construct storm drain cleanoutS to not be located on slopes or in inaccessibie arezs for maintenance e:JuiDiTlent. (Engineering) '?:¡ Designate zs private and maintaìn by a H:>me O...,.,:ner's Þ.ssociati:>n the storm drain between lots 117 and 1 -, 8 in neighbornood TN·3. Ic1C!wde in the CC&;;'s conditions and restrictions to Z$sure Droper mainter,ance. (Enginèering) 3J. :>esign and construct all pubiic storm drains 2S cL~se to perpendicular to the s10;:>8 contours as possible but in no case greaTer than ~; 5 degrees from ;:>erosndicu¡ar to the contours. (Engineering) 31. Designate as private and maintain by a Home Owner's Association all storm drain clean outs carrying private prope~y w?ter and determined by the City to be in areas inaccessible for maintenance equlDment. Include in the CC&;;'s conditions and restrictions to assure proper maintenance. !Engineering) 22. Design and construct br:Jw ditches :0 not flow over a slope greater than ten-feet in height and steeper than a 3: 1. Drainage shall be co!iected in an inlet and carried to the bDttom oi the slope in a'1 underground storm drain. !Engineering) 33. Provide runoff detention facilities or ciemo~strate 7he adequacy of existing detention facilities. to be approved by the CiTy E'1gineer, to 2ssure that the maximum allowable discharges atter deveio;Jment do n:Jt exceed pre-davelopment discharges. ïhe developer also needs 10 Drovroe ior :he future mainlenance of the facilities via the landscaping maintena;-¡se d:s-¡ric1. :'=ngineeringJ -, Design and construct local S'7orm d¡al~1 sYS'7em 10 ;J:e\'e~t d!scharge into the proposed ~...... private park lake (lot ?-2J. rEngineeri..'ìgJ 35. Provide energy dissi;:¡8i:O¡S at all storm Drain Dut!ets 8S reauired by the City Engineer to maintain non-erosive ii:Jw vela::ilies. -' . (=nç;¡rJeermg) ,~ ::\equest, if necessary, that the Fede:,a! =me:ge:îCv r"/i3nagement Agency n=:::f"'!¡A) revise the efiecti\'8 rlood Insuranse ¡;etE: f"I;B:) ;::!:;!..I1) a!1~ 7=i:Jod insurance Stucy (FJS) re;:Jon: Tor the area influenced by ~~= =es~iai:e 7ró:!s proj2":1. .; revision may je warranted for the ;Jroje:::t area due ~a i:7'::~oveme~l:s 10 Sait C.==k and the possibi¡i:y of propcse-d ~eside:-r::¡al u;¡r:.s for 7:ìe ~~O!~~: =..J~'::::·::Y b:::l:-J;J S:ìOVVn within a ílood zo~e. (Engineering) J'/t], ¥) ;:,,,sDlution í 3~4 7 ;;'age 14 37, Design and construct the improved access extending easterly from lot P·2 to ,he eas:erly subdivision boundary so that a:cess is :1ot impeded ior pedestrians and vehi::les due to upstream runoff. Potential solutÎor!S r.--:ay include ô bridge over the creek or an adequately sized drainage pipe under the improved access or any other solution satisfactory to the City Engineer. !Engineeringj 33. Submit to and obtain approval froin the City Engineer and Director of Planning and 3uilding for an erosion and sedimentation control pian as part of grading plans. (Engineering, Planningj 23. Submit a detailed mitigation plan, prior to is~uance of g:--ading permi:s. for the creation and enhancement of riparian vegetation within the Salt Creek Corndor_ ïhe plan will be subject to approval by the Director of Planning an: 3uilding. ¡he mitigation plan sha] include components addressing perf orman:e standards, maintenance requiremen,s le.g. pest control, weedmg, and plam replacement), monitoring and report pre;J8íôtjon. The wetland mitigation ô:-sa shall be ;r;¡ain:ained in accordance with the Wetland Mitigation Plan, ¡Plannrng/Env¡ronmema/) L.....· Provide a minimum of three-feet of fla1 ground access area from t;Îe ';ace of any vI/all J. 10 the beginning of the s¡D:::>e fQunding ~:H VI.:al! rnal~:enance, uniess as otherwise s:::>:::>roved by the City =ngineer. (5nçineeringJ ':'"1 Locsle lot lines at the lOP of slopes exce;:>t 2S appr:)ved by the CITY =ngineer. Lots shall be so ~raded ?s 10 drain 10 the S"Lreel or an approved drainage sysi:em. Drainage shall not be p8rmitted to flow OV8r slopes or onto adjacent prop8rty. !Engineering, Planning) L2, Design and construct all grading and pad elevations to be within 2 788t 07 the grades and elevations shown on the approved 'ten'tative map or as otherwise approved by the City =ngin8er and Di'ector of Planning and 3uilding. (Engineering, Planning) L3. Obtain n::rrarized letters of permission ior all off-site grading work prior to issuance of grading permIt for work re~uiring said otf-si:e grading. (Engineering) " Submit a list of proposed lots, prior tD aOp1'·oval of ,n8 corresponding Final Map, -"'T. indicating whether the structure will be loealed on iill, cut. or a transition between the two situations prior to approval of the first rinal Map. {Engineering} , - Design a:ld construct the i:ìc!inati:m of sa:;;¡ cut or fil: surface resuJ:ing În a slope to -~. not be s:ee;:>er than 2: 1 (1WO nor:::m:all0 O:ìe v8rl!::al) except io:" minor slopes 25 ~erein defî:ìed. All constructed r:11:ìor slo:>es shall be designed for proper stabiiity conside:"i;¡g both geological and soil :noper-;:ies. A min:Jr slope may be constructed no steeper than one and one-hatf horiz::¡nta! to one vertical (1.5: 1) contingent upon: a. SU:>r:lission of repor:s by b:):h a soils engi:ìeer and a ce~ified engineering geologist containing the resu!:s cd surface 3:ì:J subsurface exploration and ana1ysis. ihese results shoulj be sufficien: i or the soi!s engineer and engir1eering geologist to cer:l~y t:-;a: i:-, their professional opinion, i:he underlyi:ìg bed:osk and soil s'J;:¡:J~r:in~ :~e si:;:Je h2ve Sl~e"l;;Lh chara::eristics sufficient tCi ;J:":)·....ide a sLabie SiD;)e an::' '..vil! ....,::: :J:)se a da:'"ì~ef -:'0 pers:J;-:s :Jr property; and ¡t((J" '10/ Resolution 13447 Page i 5 b. ïhe installation of an approve: special siope planting program and irrigation system; and ~ A "Minor Slope" is defined as a slope four (4) feet or less in vertical dimensiDn in either cut or fill, between single family lots and not parallel to any roadway, (Engineeringl , ~ Enter into an agreement with the City wherein The City is held harmle.ss from any ~D, liability from erosion, 'si!:ation Of in:::-eese in flow of dramage resulting from this prDject. (Engineering, ?Ianning) - - SEWER 47, Design all sewer access points (manholes) to be located at street centerline or at the center of a travel Jane or 25 oTherwise 2poroved by the City E.ngineer. (Engineering) 48, Provide a sewer profile s:udy for-all :Jee~ "Local" an:) "Trunk" sewer lines {15-feet in depth or greater) which indicates th?: 710 oTher fe3sÎ::,Je alternative exists except Tor deep sewer lines. If the :Jiofiie sTudy :5 a~~~ oved ~y :~e CI:Y ::ngineer, -::he deep sewer lines will be permit'ted i or constructio::, (=npineerÎn; P ~9. Install parallel sewer ¡¡nes for sewer ii7ìes g:-eater :~a:ì 1 5-feet in depth if latera] lines are to be connected to these lines unless oï:herwise 8;:>;:>foved by the City Engineer. ~or sewer lines greater than 20-feet in depth, C900 P.V.C. shall be used frDm manhole to manhDle, (Engineering) 50, Submit a lener of crediT, priDr to recDrdation of the subdivisiDn Final Map for said IDt, for all sanitary sewer facilities require:: for development oi any lot subject to Telegraph Canyon Sewer Pumped ;:Iows DIF, (=ngineeringJ 51. ?ay in full, prior to recordation Df Tne subdivisiDn :='C1al fv'lap for said lOT, all sanitary sewer facilities required f:H developme;¡t oi any 101 s'.Jbject to Salt Creek Sewer Basin DI;:. (Engineering) 52, Provide improved access:o aU· sewer manholes 10 \/\,ri:hstand H-20 vvheel load or other loading as approved by ¡:he Cr:y Engineer. (::ngineerin~) 53. Design and constiuct sevver access 8D¡:ìtS 1:> n01 be located on slooes Dr In inaccessible are8S for ffi8m;:e:-,3:ìC= e::~:::):-::~:--,t, :=,..,~¡neerlnq) -, Provide sewer manh::;¡!es at an sha:¡ges :>i a!igni:ìent :>i grade. Sev..'ers serving ten or :0- less e~'.Jivalent dwelling un::s s~all h8\'e a :-:¡:nim'.j:";ì ;"ade oi 1 percent, (Engineering) 55, Design and cor.struct all se\/\"ers endi;lg in a suI-De-sac wiTh a manhole placed at the cen1:er of the cul-de-sac. unJess otherw:se ?::>:Jio\'ej !J''f' the City ::ngineer. (Engineering) 55, Piovide for the COS7S 2ss:)::ia:ed wl7n :~e r--,?,In~=~,a:J::e and the ;Jo-r8rn¡al upgrading of the sewer pumD S7õ1ÎO:l i::¡ca,:e:J at 2SSJ :::ay LaLes :=:cad in acco:"cance wi-:h the agreemen7 beTween :he Cj7V, ?flc¡fic: ;ay ~~;-nes ?:-!: ïhe =2sti2ke CompaflY, da:êd January 20, i 993, /=n;;¡......=-e,~ln;) /1ß "¥"Y ..~ ?lesolution í 3!..4 7 ?B ~s 1 6 t..Si;E=TJlENiS 57. Agree that the City may withhold bCJildJn9 ~ermlts for t:le subject sCJbdivision íi anyone of the toll owing occur: a. ?egional devel apment thresh:)id limits set by the ;:ast Chula Vista ïransportation ?hêsing Plan~ 'ê!S ?:TI£:ïded from ti~e to 'time, have been reached. b, Traffic volumes. leve!s of serviCe. pubiic utilities and/or services exceed the adopted City threshold si:andards in the then effective Grov\lth Tvianagement Ordinance and Gío,^'i:h [J1anagement.?rogram -. ~. ¡~e requIred public facijities. 2S identified i;-¡ the ?FF? or as amended or otherwise conditioned have nOt been compieled or constructed to satisfaction ot the City, The develo~er may propose changes in the timing and sequencing of development and the construction of improvements affested. In such case, the P;:;:P may be amended as aD~roved by the :'irectDr of Planning and 3uilding and Director of Public Works. !Engineering. ?ianning) , ~~. ,Agree :~ defend, indemnify and hold harmless the Ci:y and its agents, officers and employees. from any claim. aCi:ion or ;);"oceeding a;:;ainst the Ci:y. or its agents, officers. or employ£::es, to Bt(ack. set 2510e. vOid or annul any ap;Jroval by the City, including apprDval by ItS Planning Commission, City Councilor any approval by its agents, officers. or employees with regard to th,s sCJbdivision pursuant to Section 56493.37 of the State Map Act provided the City promptly notifies the subòivider of any c!aim, action or proceeding and o¡¡ the further condition that the City fully coopeíêtes in the defense. fEngineerinp, Planning) =? Agree 70 ensure that all franchised cable ~elevision companies ("Cable Company") are permit:ed equal opportunity 1.0 pJace c:):ï:::Juit and provIde cable television service to each lot within the subdivision. r;esLrlct acr.ess to the conduit to only those franchised cable teiev!sion companies who are. and remain in compliance with, all of the terms and con::iitior;s of the t;-an::h:se and ,^,hicn are in furth~H compliance with all other rules, regulatio:;s, ordinances and procedures regulating and affecting the operation of cable television companies as same may have been~ ·or riley from time to time be issued by the City of Chula Vista. (Engineering, Planning) 5J. DeveJoper agrees to not pr01est formation of a district for the rïlaÎntenance of the drainage cha:1ne! in Salt Creek or for the fT',aintenan::e of landscaped medians, open space. a:'1d ;Jarkways alo:'19 sï:ree:s \f',.'!";:;'""1¡:l an::! adjacent :0 i:he subdivision. (Engineering, Planning) 5î. ,Agree 10 reserve lot 5·1 (schaol 51:e) ~:Jr s:::~o:)j p'.Jr;Jcses 10 be offered ior dedication in" fee to the CMula Vista Elementa¡y School ~:Sï:rict. in accordance with a schedule as indicated in a rJje!lo KOCS community p'.Jrpcse faciii7Y district, as approveò by the $c~ool :j¡si:ri::i:, vI/hich s~all be es:a::,i:she::::':c :~e satis:as:ion of the District. (Planning) =L. Agree t::: ~r:Jvlje n~!se study prior i.8 !ss:..;a:""lce of the j:ìïtiat ?hase fi¡st buiiding permit :0 identify ;¡o~se imoac:s g9:l9:"êted by s~,r·~'.Jnding s:ree:s and deteííT1Îne the necessary :7l¡tigatl:);¡ r:ïsaSiJres i.C 1~5;'I:e :~,(ìi. aU c\-\'?i:¡;¡;; LEllts \-vili be design a:ld consi:ruci::ed t'O 11lJ~¥¡' - ::\es:)ì-.;tion i 9~~ 7 Page 17 preclude ini.erior noise leve1s over 45 dSA and eXle~ior noise exposure over 65 dSA. The developer shall implement all mitigation measures recommended in ~he noise s:udy to reduce noise impacts. (Planning) 63. Agree to participate in a regional or sub-regional multi-species coastal sage s:::rub conservation plan prior to approval of the Initial Phase first Final Map, (Planning) 54, Enter into an agreement with the City to provide affordable housing units as specified in the adopted Eastlake'Comprehensive Affordable Housing Program prior to approval of the first Final Map. (Community Development) . . O?:::N SPAC:::/ASS:::SSMENïS 55, Grant Irrevocable Offers of Dedication (1001 on the Final ¡v;ap for Open Space lots within the subdivision. íEngineeringJ 5:3. =ither a Home Owner's F.~sD::iation (:-10.Ä) or a C:Jr.lmu:lity Facilities District shall maintain street medians a~d environmental open space lots. If the f ormati on of a Community ~acilit¡es Dist;-i::t (CFD) is selected i or The main".:enance aT street medians anòl or environmental o~en space 10:5 (OS,.í), Deveioper shall request that the c:.i:y form a Community ¡::::aciii:ies District, ~rior 'to ao:xeval of the first Final Map of :he Initia! phase, and submit an appiic81¡O;ì packet ior ï:he forma-;:ion of said ïhe Pasket shall includ!;, but is nOllimited to, associated diagrams, cost estimate, description OT work and a deposit in the amount d:etermin:ed by the City Engineer at the time of subminal for processing the formation af the Community éacilities District. If the HO.A is formed to provide main1enance to the environmental lot 05-1 and other lots. structure the HOA maintef',ance program, including maintenance crew qualifications and other contractual arraClg:emems tD the satisfaction of the Director of Pianning aCid 3uilding, (Engineering, Planning) 57, Pay for all costs associated with t~-e preparEH¡Qn 0f an ::ngmeer's Kepor! and establishment of a Community ~acilitÎes District í Open Space fJlaintenance District for the mainTenance of all open spaces which vvill not be maintained by private proper:y owners or a Home OwnBr's ;'.ssoc¡a:ion. (Engineering; Planning) ~~ Provide a plan for the City's approval that includes the acreage. !andscaping code for o::.¡. each open space area, the proposed r.leans of maintaining the area and the cost per year for the perpeTUal TT',aintena:-l:e of mainTaining improvements within CéD maintained open space 10:5. !Enginee.~ing, P/anning} ~:o Conform to the design e1emerr:s of 7hB City's La:-l:scape T\Aanual for all landscaping C_. vvhich faBs within the iTiaintBr-,an:e ,~s:J:);:sibihty 01 :7ìe Community racili:ies District. (Engineering, Planning) 70. ::stab[jsh a r-;ome Owner·s Asso::iatloiJ {:-ìDt..! lG Drovde for :he perpetua! maintenance or r but not limited to. priva::: ~pen s~a::e \~tS, 5]02:: =~e2S, lancscaDe and irrigation, including Derimeter wall v\/¡:~in open s:;ace Î:>:S, :Jub!ic SHeet improvements 3:'1d medians an:J park\~'ays C7ì C!:...:=:,nOL:se ::Jr¡ve, KIr1º Cr::ek VI/ay and Oak Springs D~:ve :J;ior :c :~e a;):xoval :;i :~:e ass~c¡a":e: ;::¡;¡ai i/:2~. /En;ineering, P:'anninq} ){(f--'l :=.=solution -: ~·¿4 7 ?E:;¡e 18 Ii. Iv':ain,ain all decomposed grani¡e (D.G.I walkways ~y a Ciome Owner's ,t.,ssociation or cm, t..1l proposed decomposed granl1e (D.G.! walkways including, but not limited to, the walkways proposed along ¡he north side of CluD:'ouse Drive and north of Olympic Parkway, shall not have vertical obstacles and ObS7:'"uctions s:.J::h as public utiiity vaults, boxes, etc. constructed within them. (Engineering, Planning I 72. Provide proof to the satisfaction of the City Engineer and Director of Planning and Building that all improvements located on open space 101S will be incorporated into and maintained by a Ciome Owner's Association or a C;:D. The final determination of vvhich open space areBsiimprovements to be inclu:Jed m the Community Facilities District and those :0 be maintained by a ~ome Owner's Assoc¡a:ioìî shall be made during the C;:D brr-;-,ation proceedings, i5ngineering. ?/anning) -~ =nter in10 a mainter,ance agreement and grant easemen:s as necessary for landscaping 1_, maintained by a Home Ov\/ner's ,c..ssoclatÎon within Ci:y right-of-v....ey or su::h other areas required by the City. (=ngineering, ?¡anning~ -, Avoid ins~aJiation of privôi.ely owned water, recJaimed water, or Dther utilities crossing ¡- any publi::: S7íeet. 7his shall include the prohibition :ii the instaljë"tion of sleeves for future caõ1stru:::tion of privately owned fa::îlities. ï~e Crty =ngmeer IT"1ay waive -;:his requirement if the iollO\f\.,ing is accomp!:shed: a. Ihe developer enters into an agreement wit1"ì the City where the deveioper agrees to the follo\rving: Î. Apply for an encroachment permit for installation of the private facilities within the public right-ai-way. 2. TJ¡amtain membership in an advance notice such es the USA Dig Alert Service. 3. rJiark out any private f aciii:!es owned by t:,e developer whenever v\/ork :5 performed in the area. ~ Ihe ter:-r:s of ï:h~s agreeme;'-n shall be binding upon the successors and essigns of the deveioper. b, Shutoff devices as determined by the City =:1gineer are ;)rovided at thcse locations where private facilities traverse pubii: streets. (Engineering, P:anni:¡;I) i5. Pay all costs associated ,^"it:, apportionment of assessments for all City assessmeí1t distric:s zs a result of subdivision of lands within the boundary prior to approval of the each ~i¡¡a] fv'ia;J. Submit an ?:Jportion;.-¡ent 10rr.1 and ~"'ovide a ::iep~sìt z.s determined by and 'La :~e City 'lO caver CCSi:S. (En2irieeíÎn;) i5. Prepare a o:sclosure form 10 be signed by i:he home buyer a::k:îowledging t~at additiona! fees have been paid ini:O the ~.ssess~ent :J~s:iict or the 'Transportatiorl DJ:: :::..;nd, and thai: :hese add:tiof',a! fees are re7¡e::e~ in ::ìe :J:..Jr::hese p;-ice of the home for :hose un¡:s, shou¡d :he develo:Jr.lent ;¡?ve c de¡;s:ty C::-,5:i?e fro~ i:~,=: indicated î;-, the .~.ssess:-:ïe:--I': ~:s:rl:::: =:l;;neer's ~2:J:J:t. '=_'Î:;ineeri..¡c - - /J/ß /'r .---" ::\es:)I'..Jtion 1 9L:..L. 7 Page i? 77, Submit all Special ïax and Assessme:1! dlsclcsure féJrms féJr each mojel size or E:JU for the approval of the City Engineer. (Engineerinf) 78, Comply with the terms and conditio:1s of the AcOuisition/Financing Agreement for Assessment District 94-1, CO 94-06"', approved by Council Resolution 17483 as said terms and conditions may be applicable to this development, {Engineering} 79, Design and construct all of the utilities that service open space within the limits of the open space or dedicated City right-of-way, rEn9ineering}. SQ. Agree that wal!s which are I~cated within open space shall have owners of adjoining lots sign a statement when pu'rchasing their homes that they are aware that the wall is on Open Space property and that they may not modify or supplement the wall or encroach onto Open Space property. 7tlese restriCTio::.s shall be refle::ted in the project CC&R's, and a copy of said restrictions shall be provided to the City for its approval. !Engineering, Planning} 81. Prior to the issuance of the 50Th buii:Ji:lº permIt for the Project. enter into the CiTY'S standard three parry Agreement \.".':7:' the City ~of Chula Vista and a lanasca::>e architecture consulting firm for The :J:'"epsíô¡:i::m ônj ~rocess¡ng of 'the ?r oje:t' s Community Park Master Pian (P-1 & ",:3. \. ;PJannin;) ::2, Prior to the issuance of 'the 350th b'.j¡:j;::.~ permit ior the Project. prepare. submit and obtain the approval from the Di,ector of Planning aCld 3uilding for the Project's Community Park Master Plan (P-1 and P-3.) ïhe Community Park Master Plan shall include facilities and ameClities prescribed in the fort;;coming City-wide Parks Master Plan as adopted by City Council. In t;;e event that t;;e forthcoming City-wide Parks Master Plan Is not adopted before the community Dark design begins, the Director of Planning and Building shall determine t7ìe appropr;a'te :Jark facilities for the community park. (Planning) ::3, Design, construct and de:iica:e pai~~ -:;::cilí1i2S éS :J!"escribed in ¡:he following park deveiopment phasing program: a. Obtain the necessarv- . CiTY 2:)::¡r ova!s a:ld c::>mple::e ;;ark master plan construction doc:.Jr.ìents prior::; 2~;::Hova! of "lile 600th buiiding permit b, Select connac'tors, 8S ap;:Hove: jy "lhe Direc:::J!" of ?:anning and Building, and begin gradin;:! an:" '::)::5::-'....1:";:10:-: ::f ::-ie cJmr:1~:ìi7y park, including all facili~ies and ameniTies. ;Jf¡:.Jí:: :7'"'1= :SS-"":2ice :;i 'the S3=):~ building permit. c. All improvements TO The ,:O:"":'1::l:.J;í¡:Y ~C1;-k. êS defined by the Approved construction doc;Jr.len:s, S~31! =-.'? :-:~---;;;!?:e: -: 2 :he sat:sfacti:>n and approval of the Direcior of ?iannln9 and 3'.Jil:Ji:ìg prior 10 Tile ~ssuance of the 780th building :>ermit. d, Provide main:ena:lce 0; :~e co-:-.:J:e:e:' ::H;1:-:ì~:ì1:V :Jark for a ::>eriod of one-year hom the com;Jie:i:n :J~ :~e :JB:'"k:2 3:::=:J:an:e :JT :he faciíi:y by ï:he City. Jo/ß;11 "'~s:Jlutlon ., "'"'" 7 ~a~e 20 e. rinal aiignment. oesign (Including Slgnsl. width and cans,r~ctlan specifications far th:õ green::,el¡ :rail alon~ the e"st :õdge oj ,he Salt Creek op:õn spac:õ corridor 5:,all be ap¡:>roved by the Planning and Building Director in conjunction with and su::,ject to th:õ d:õvelopment phasing oj the overall community park d:õsign, f. The Director of Planning and 3uilding may. at his discr:õtion, d:õlay the park d~velopment phasing and c.onstruc:tion sequ8:1Ce should conditions change to warrant such d:õlay, If. in the opinion oj th:õ City, delay is caused by the City, th:õ D:õveiop:õr may b:õ allo",,:õd ,~o d:õlay construction of th:õ park. (Planning) ~ I'i ?rior to approval of th:õ first rlr.al I\f,ap af th:õ Initial pr.es:õ, prepare, submit and obtain approval from the Design neview Comml~¡ee for th:õ privat:õ park (P-2) design and comple,e construction prior to issuance of th:õ j 50th building p:õrmit, (Planning/Parks) 25. ?repare, submit and obtain the approval of th:õ Director of ?Ianning and 3uilding for a comprehensive Landscape Tv'1ester ?:an far the ?rIDje:"L. (Planning/Parks) Eê. Prepare, submit and Obla!n apPj"Qval by the ::>lrecl0r oi Planning and 3uilding for detailed landscape and Irrigation plans, including W3lsr managêment guideiines in accorcance with the ChuJa VJs:a Landscape rJ'sClual and Section 11.4, Design Guideiines. ~f t~e ~asliaks ¡rads S:::A f:J'lhe 2ssociate:: landscaped areas in each ~inal rJiap pri::H ~o the aDproval Df SElcn ¡:ir,E1! rJ¡?û. Ii ?oplL.;s s~ecies trees are incorporated in the =astiake Trai!s Landscape ¡:lerne, 2;J;Jropriale ]:;s-::al!ation methods acceptable to the Director oj ?lanCling and 3uiiolng shall b:õ pr:õscribed in th:õ landscsp:õ improvement pians. (Planning/Parks) 37. Construct pedestrian walkway connectio::s between Si:reets to the satisfaction of the Dir:õctor of Planning and 3uildlng at the following locations: a, ~raiT1lhe cul-cie-sac e:lds on S'lres:s "GG" Bnd "~H" through open space lot C to CJubhol.1se o:'"ive. b, ¡:r:Jí7l the cu:-de-sa::: e:lds on St~ee:s "K" and "J" through open space lot r to C!:Jbhouse drive. c_ r=rom street "Tv'Hv'j" through open space lot E to Street ·'LL. " Approva] shall be d:X::..Jmente: prior 1.8 t~e a~prova of -;:he corresponding final rv'iaps. (?/annin;) -- include i¡-¡ the Grading ;J¡?~s for the ;=r8,ie::'s Comr.l'.Jnity ?ark an inventory of all ~~. existing ï:rees :0 be ,etaÎ:ìed and 'ln2Se 70 be removed prior to issual'1ce of grading permits invoiving the CDt71r.1U;"'U:Y pa~K Sileo :=r:-oal oe:::sI0n as to which trees are to be retained and which are t:l be remov=d s~all be made ~y the Director of Planning and 3uildin9. and in conjunc:i:J:1 \f~líi.h the CQ;"¡1;";ì:J:lity ?a"k r'/i2ster Plan. IP/anning! 23. ~elocate 2t Developer's own eXDense. the :le::essary ajove and underground utiiities . ... I ... ..' h servIng J1l:J1V!:J'....ia homes::J a::::Or.ì:-7ì:)sa:e :~e rea'JI~e:: street trees wl'lnm 11 e street ::-8e pia,l¡:in; e2Ser:lent :f :e:er;:wlS:: ::e:s~,sa:-v :;y :::e ':::y. ,Plannin;1 / t/(J -~t!' - R~solution 1 9~4 7 Page 21 90. Pay ,h~ land acquisition pOrTion of :r,e PA:J fee for ,he Initial Phase of the Eastlake Trails subdivision. which C:Jnsists of £25 dwelling '.Jni:s, prior 'to the recordation oí the first final map ior th~ IniTial Phas~ (approximaTely $1 ,315,5301. Develop~r also shall pay ,he Eastlake III Dev~lopment Agreemem advanc~ PAD fee of $1, 522,000 (Adjust~d by ENR index from ,he effective day of ,he Agre~m~nt to the time of paymem) prior to ,he r~cordation of ,h~ firs, final map for th~ Initial Phase. The land acquisition portion 0f the PAD fee ($1,315,5301 shall be decreased so that the sum of ,he park land acquisition pOrTion of the PAD fee and the advance PAD f~e stipulated in the above memioned'Eastlake III Deveiopmem Agreement, does not exceed the total PAD f~es required for the number of units in ,he Initial Phase. HO\lv~ver, the applicant may el~ct to make an irrevocable offer to dedicaTe the communiTY park parcels P-1 and P-3 as depic,ed in ,he ,en,advê map, Chu:a Vista Tract 99-03, in lieu of the above park land acquisition iee stipuiated above. ¡?Ianningl. EASEMENTS 91. Grant on the conesponding Final Ma:) minimum ~I 5-f Dot vllide easements to the City of Chula Vis,a, as required by Th~ City Engin~er, íor consnuction and maintenance of sewer facilities. fEnÇJineerin;J , 22. Grant on :he correspon:Ji:l~ ::ï:lal rJia:: :711:lÎm'.Jm "1 5--: ~Ol wide €.esements to the City of Chu!a Vista, 2S re:Juir2:J by the Ci:\ =:lgineer, f:H :::J:ls:ruc:ion and maintenance of storm drain faciiities. (Engineering) 93. Grant on the correspondi:ìg ¡=ina! rViao 10-100t wide general utility easements, as required by ,h~ Ci,y Engineer, along s:reet righT-of-way adjacent to open space lo,s, !Engineering} 94. Grant easements ior al! off-site pubiic storm dra¡::s and sewer facilities prior to a~prova¡ of any :=ina! r..J:S:J requiring these facilltÎes. ïhe easements shall be the size as reQUÎre:! by City s'tan::;3~js unless :Jtner\\'!se apiJr:Jved. (EngineeringJ 95. Grant 20-foot landscape :,u-:-fer easer:ìen~s adjace¡¡t TO Otay Lakes Koad and Olympic ParkV\lay. (Engineering) 0- Grant to the City on t¡¡e c:>rresponding :=înaJ r\llap easements along all public streets ~o, within the subdìv¡sion 2S sn::J\,,,,,'n on t~e len'tal!ve rT.ap and in accordance with City standards unless othe:-w:se approved ~y the City Engi:ìeer and ¡:he Director of Planning and 3uiiding. (Enginee,'-in;, P/anning) 37. ùedicate for public l1se a!! the streelS S~:Jwn on The subject tentative map within the subdivisÎo:l b::Ju;ldary, ex:e:n ;::Hivôte s::ee:s. lEngi.-"ìeeringJ 33. Grant to the Ci-cy a d,air,8ºe ð;¡d éicce~s saSei";ìenl, 25 de:erm;ned by the City ::ngineer, acr2SS :~e propc.'sed priv2:£: access 't~L2: :::;;:n~s:s ¡:r: ?·2 (?rivEne ?a~k) to the easter!y s:.Jb:iivisia:¡ bO:..mèô,y. -' ') '.=,"Ï;ffieermq Jtf(j~->/ - --..-.---.---.- :;,::solutÎon í 3~4 7 "age 22 ¡,¡;:SCELL.L.rli::OUS -_. A summary of City responses to each of applicants waIver requests from City standards is contained within the follow""9 Table I, which includes the "Approved" or "Not .L.pproved" status 01 each waiver. The sumrr.ary descriptions lor each waiver within Table I are briel and the approved Tentative rv'iap should be consulted lor more complete descriptions 01 The waiver re=!:Jests. , I I I TABLE I: I I TENTATIVE MAP WAIVERS ! ¡ I I WAIVER BRIEF DESCRIPTION STATUS COMMENTS : NO. I I . Approved I I De:re2se mmlmum "e"'.rli"e r;¡d,u, on 5",'e, -I"'I~- irom None I 2aCr 10 -¡ 25' ~ i 2 Cons:r:.;:::~ 2 2°,ê s!.!:1~r~!~\'¡:¡~IDf1 un S1T~~t ~M¡"¡¡~ ...·...Im a '::5' . Apprpved ~ None wld'th rtO......V.. a 28' r.urb H) ::urtJ wlC1,h ;mj d~.s'gn as ont'- wav. , 3 D=::r:2St :ilt ml~11r:-',Um ?,.O.\'\!. WI:!rn ~i, S~·~~t n·:;G~ and :Jp·~aree1 parking w¡11 , Cou;:S ~:J. and ~=~ irom 35' 18 32'. oni\-, be øliowed on one , .. ADDrov~d loe of the strt!et to De , ~lerminec by the City , n:lln~er. I L. I D.,:'."2se the _ml:mnum :uroli"e radius Irom ~J' 10 35' for I - Approved I None cu,-o!:-sa:s 1 =,J In 1~f1otr, or 1~~5. I I I I 5a IIncre2se the ,equ".d 5.5' wlÖe -L¡¡njsC¡¡Pf 5?,.me"I" on Aoproved None C!ubho:.:se Dnve 10 2. 2' H. w¡í1ih. 5b Dele1e 5.5' -Lan,is:aD~ E?semeIl1~ fcu S1Te~t· ~5- horn Approved None apDrOxlr.·..,aH~iy S,r~p.l ·'CC- 1{) Slre~1 ,. G" on 7';': sld~ i adja:e:¡-;, w poi é1n:; ~[)i St~e¡:1 "SS" t~~;:~. ¡1:;;;~~J);¡:r..ai.eiy Str~~t . CC· to SHe~;'t .. G" on Th~ .st,j~ <I~jia:-:~'1i !C: p., . i 5: increase -Lands:a~e E2sement~ Hl~hnri1ron tram 5: 1 to 2: 1 Approved None I 10r th~ toliowrng ::Drner ¡(1~S whJ;:h have an¡a:ent SHe~;s I jDwer1~,an the rJrWS: iS2· Lt1~5 5, t.5; ïS3· !...m:s.7. 9. 41. L..L, 53.75,75,97. -i07, i21. 130. ~~5, ¡53, is!; ¡54. L:;:s 25, '::;9; ¡S5· L(1~s i, 7,8, i4, :2. 23. 30, 2.7. 38, :::9, 70. B9. 9J, 95 ; 755· Lrr~s 5, L.7. 71 Tr-.r3· Lo:s 21. 29. 55. 55. 58 30.93. ¡Di. i ì3 .. Less ::-,a;",. S~..:3;')d¡¡~d ~5' L"i ¡:~~Jn;r!;H-: 1m: :-5·=_ :"'8:5 i. ï. L:..oaroved None 8, ',L., ".5,23,37, 33. ~2. S2, 5~. ==. 7-':;, ï7. S:=;, 21, £2. £9. 9J. 95. E7 i'H]d 103: 75-5: Ln~!' 5. ~ 0 ñ:1d '1. i 72 ~La:a!~ sewer ex::~~~s j 2' In d~¡;i~. N:n Mav be approved by , , Cnv ::npineer e1 '1h~ i A;)Drov~d . 11~~ that Improvement I pl8ns 8re submi:ted 10r i 8DprovBI i 7~ ~Tr:Jm;,- St'w~r ~~X::~~::-:5 :::. w ('Ü:¡;:~. .ú..;)Drov~d :SDí:) P.V.C. wíli be I , used from manhoie 10 manhoie. í , :,E /- . -. . 0 f...i('JÎ I None :-\<>C) a-"· c;·a·¡~nrr'. ~ "". ,."....,.,,, -'''I'·''':'' ,'."". ,,. ,... ..,'\-' ' ..,' _.._ _ . "" ,,_ "...r. '.._... .,. ..." .. . -.' . '." .d. '.' " L<lke~ =,:-,i'i: ~r;;;J -:: ¡~!':rl';:;' .,', ;:) C, v.;,;;,:.'.,,,, :":nH(\v~d /'-iß-5:L n_ ---- --------.- :;esolution 19447 Page 23 8b 8' meand~ring D.G. Wê1lkw~ys on N. SI:1t o~ Ci~oh::>'..!se D~. Approved None and E. sid~ of flg" /"3B- SHeetS and 10' meanjerlng D.G Walkwav on N. Side 01 Q\vr:"1Di:: Parkway. I 9 Medians on CIUDhous~ Dr., ~:1r1g Creek V../?\, (:Hld Oak. I Approved None Sprincs Dr. I 10 I Street imecse(;tiDns,wI1hon homDnt.1 OW'ves or wIthin 10é)' I .. Aoprov~d None I i:anÇl~n'ts 01 hOflzrmtal r.u~\'~;:;. I 11 Sewer Latera!s Deeper Tr.an , 5' in De~m. N01 May be approved by I Approved Cr::y Ënginøer 81 the time that improvement I pi ens tHe submitted for -, aocroval I -:2 Slope RoundIng and Sen::h Per Dei:ai: on Jen-:'21rv-:: IJlap òn::: Approved None 3' Ben::h with No Slope RDun~kìg a1 Slopes N.cJ:-~r, 01 O¡.¡k I SprinÇls Dr. and Nonn of Divmotc ParkwRv. I I i -, MaxImum helgh't from lap of wood 1e.n:t -:'0 wp af '::,aJl . A~proved None I ' - , iootmg is 8.5' if on prm)~:-:.y 1t:1~. If ÇH=21~; ::õan S.:o . ë: !. I separation between wood íen::e and wall :5 re~~.Hr~:!. ïr!t I ! , foliowin;] io'!:s are excep1l::ms: 75.2- j 0, iS3· OJ 2l, 755·= Q;": I , 4" ~. .. ¡he City's ap~r::Jva¡ of the waiver request ~s c8~1'::inge:ì: '.J;)8n submit:a¡ of a letter from 3:J;::>iicants =.ngineer-of-VVork expiaÎ:ìÎng that, I~ 7~eìr ;JTofessi:¡nal opinion, no public safety issues will be compromised. (Engineering, P/anninqJ 100. Submit "as-built" improvemant and grading plans as raquired by tha City Subdivision Manual. Additionally, ~rQvide the Ci:V s3id pla,-,s in a digital D,X,:=. file format. !Engineering) ~I C1 . Submit a copy of each s'~bdiv;sion in 2 di~i;a! D.X.:=. fiia format prior to approval of its associated Final fv'lap or as requested by :he City =ngineer. Tha digital fila shall be based on accurate coordina:e geome:ry calcuiatior:s and the NAD 83 Stata Plane Coordinate System. The digital file shall specifica!1y include each of the following items in a separate drav\/Îng ¡zyer: a. La! 30undaries, b, Lot Numbers, c. Subdivision 3Q'...):ì:'a~v, d, Right-of-Vllav, a, Street Centeriines, a:ï:i " Approved Streel !\~ames. ,. Submit the digital file In ?:::::):'"danc:e \'\'!t~ Cr:y '::;'...)ld2il:ìeS f:)r Digital Subminal on 3 ~i=" d!sks or :;s otnerv\.'!se a~D~8\.'e:J :!y ::ìe '~I~Y =ngl:ìe~r. in ajd¡:ícn, submit as-b'Jì1t grading and impro\'eme--:: J:?'';S I': ? :':':~: ~.X = :1'= f Drmal. Provide security to guarantee the u!tirT',a:e s'...:j:-l¡:~al 01 gr?:J1n;; and 1r.l~r::)Vement digital fiies. Upda::e eiec7ronj,::: files ô:-:er a-" ::: :r:s~r',J::I:;:-1 ~}-:;~, ?-:-1: :~,I: :::~,ô:ì;Jes :ne ;:;rading :Jr , , . - improvement p:ans a;-¡d :'"-=5...;:>:7111 :0 ï:;-¡e Cj:". -' . :'=n;}fne9rt.'7ç;J /'18<5) ='~sJlution i ~!'4 7 ?E:º8 26 j.; ì. Submit::) the Planning and 3uilding. and =ngmeerin;j :>e;:¡arrmen~s service availability letter Tram the 01ay VJater District prior iO approval of each r=i~a¡ h/¡ap. (Planning, Engineering) 1 i S. instal! Datable and recycled w,ner Înh?s:;-uc:ure Îm:Jrovements 25 prescribed in the Eastiake ïrails Sub- area Water Master ?:an prepared by JJhn ?owell and Associates, September, 1998, including but nòt limited to the following improvements: a. Pr8vide a letter from 0\1\/0 confirmin;¡. that upon completion of The potable and recyc1ed ,^:a1sr infrastructure f aciiities. the 0sveloper shall dedicate the imorovements to the Otay V\'/a:er D~tr¡ct. b. =.x:end the existing potf.ble a:l:i recycled water mains in Hunte Parkway south tJ Olymoic ?arkway, aC1d CD'-'STCuct mains in Olympic ?arkway from Hunte . . parkv\l2Y 10 the Olympic Training Center._ c. ~iemo\'e the lempDrary i 2" ¡JipeiiT1e tha-¡ cresses t~e =astiak~ ¡rails project atter the \/\"aler lines D:escribed 1:-: t:ì:: Sub~area \,\,fa:er rJi2ster ?ian are installed. (Engineering! ":#:;¡ Prepare and obtain approval by the ::J1~ector of Planning and 3ui!::jì:lg ror a detailed , I~. mitigai:ion jJ!an for the creation and enhancement of ri;¡arian vegetation within the Salt Creek CDrridor, ïhe miTigation plan shall include CDmpDnems addressing performance standards, maintenance reqUlrer;,""\en:.s (e.g. pest connol, weeding and plant replacement) . monitoring and report p:-e;:Jaration, perimeter iencin;, signage and a sales disclosure document advisiC19 ~::Jme buye:s that OS-1 :s a protected environmental p~eserve lot. (Planning) 120. Obtain State De~artment of r:¡sh &: Game I, -; 503 Stream bed Alteration Agreement} and Federal (Section ..::104 Clean V\'ater Act) permits prior to approval OT grading permit for the Initial Phase. (Planning, IE n vironmen ~ a/) COD" ¡:;"OUlëa'¡¡"NïS .~. Comply with all appiicab¡e sec~ior:s ~f ::-:e C:--1'.J~a Vista T-.Jluni::ipal Code. PreparatiDn of J L . :ne r=ir.a! ¡'¡¡ap and -'I :);a::s s~,a!l je , . a::c:):Ga;;::e VI.!ith the ;:¡r8v:sions of the 0" Subdivision Tv'1ap Act and -;:he City of C:J'.Ji2 Vista Sub:::1lv:si:m Ordinan::e and Subdivision r'¡¡anual. (Engineering, P/anninq) ~I 22. U·nderground all uti¡ltÎes \,\.,itnl;"', t~e s~Jjj;v:SÎon in ascorjanse with rv1~.Jnicipal Code requirements. (Engineeri,');! ,"", ?ay all a;J:J¡icable fees in tìccordance V\'I"C'""' :;--1: City CO:Je 2:ld CO:.Jnci: ?::J¡¡cy, including, I~--. but not limited to, the foliowin~: ) i!J ':.51 . m.'.._ ;;es0iJtion i 3"-~ 7 Page 2ì Pri~H to :ssuan:::e of the first building ;:>:;rmit: The Transportation and ?utJlic Faciiities Development Impact rees. a. Signal Participation rees. c, All applicabiè sewer fees, including but n01 limited to sewer connection fees. d, SR-125 impact f,ee. e. Telegraph Canyon Pump Sewer ::ee. f. Salt Creek Sewer Basin ree. - (Planning, Parks & En9ineerihþ) 124, Comply with all relevant rederal, State, and Local regulations, including the Clean Water Act. The develoaer shall bs res~onsible f':)1" ;)rov¡ding all required Lesting and documentation to demonstration _said campfiance ES required by the City Engineer. (Engineering, Planning) , 125. Design all dwelling uni:s ï:0 aree:!uc:ie iT.=rior no:se ieve!s over ~5 dSA and shieid all €Xi:erior private open s;:.ace 'l:; í¡mil :18:S2 2X;JCS'.Jre ::: E5 :i3A. (P/anning) 126, Comply with all appjicab!e regulations eS'l2blished by the United States Environmenta! Protection Agency (US~PA) as set ío:'tn in the Nalional Pollutant Discharge ~Iimination System (N,P,D,~.S,) permil reQuiremen:s íor urban runoíí and storm water discharge and any regula1ions adooted by 1he City oí Chula Visla pursuant to the N.P.D,~.S. regulations or requirements. runher, the applicant shall file notice of intent with the State Wa1er Resources Control 30ard 10 oblain coverage under the N.P.D.~.S. General Permit for Storm \^,.'ater :>:scharges .Ä.ssociated witn Construction ActivÎty and shal1 implement a Storm \f\'a1er ?8llutÎon Pieven:ion ?:an (SV\/PP?) concurrent with the commencement of gradi:ìg aC'livities. -:-:ïe S\,\'?P? 5:--;all i:lclude both construction and post construction pollUi:ion p:-evenlÎew, E!:lQ ;JDI!;..J1ion control measures and shall identify funding mechanisms for pest canstru::¡on control r:¡eas:"Jies. (Engineering) IX. CONS~QU=NCE Or rAILUR~ Or corÐiTIONS If any of the -foregoing ::ondi-;:ior.s ~aÎI "'.:0 OCC"Jr, or if they are, by :heir terms, to be implemenï:ed and mai;'"'¡";:ained over :i;:-¡e, if any Oi such condii:ior.s fail to be so i:-nplemerned and main:ai:led accoroinº :0 t~eir -;::::;--I7:S, the C::y shal! have the right to revDke or modify all a;;D~::\':a:s :ìer81;) ~;--an-¡:2j. :jenv. :H f'.J;'"'ther con:iltion issuan:e of all future building pe!'"ml"'.:S, :jeny, revoke, Dr funh-er condition all certificates of o::cupancy issued under :he a;'J'¡n:>n:y of é:;);)~D\'3~S herem gran::e-:L institute and ;>rosecu:e liTigation 1:) C8:T1;:>e! :heir ::):"::;:)113:-1::£ \"!!:h said cond¡tÎor.s or seek damages for "lheir violaTion. No ves7e:j :1~hLs ape ~?in:2:::j by :Jeveloper or a s~::cessor in interest by t;,e Ci:y's apafoval of :71:5 =,esoIU:ID~. )t([J--53 =,E:s::>lution í 3~"=' 7 ?d~e 28 X INV ~Ll)¡ïY; AUïCHv',A ïlC ;:;::VDCA ïlOI~ It is the intention oi the City Council that j~s adoption of this Resolution is dependent upon the enforceability of each and every term, provision and condition herein stated; and that in the event that anyone or more terms, provision, or conditions are determined by a Cou,t of competent juriSdiction top be i,walid, illegal or unenforceable, this resolution shall be deemed to tie automatically revoked and of no further force and effect ab initio. It is in the :Jubl¡c 's IntB!"eSl í or CflY 10 re:J;Ulre Eastlake 10 indemnify t;,e city against the adverse risks and cos:s of a cnaJienge to C~:-v's actions in preparing and approving an addendum to ::!;:; 97-0~ and approving the ïentative Subdivision Map for Eastlake irai!s, C~u:a V¡s:a Trac~ 93-03 and reië:ed discretí:¡:;ary approva!s, If any; and NOW, ïi-E=;=:;::O;:;::, S:: lï ;:;::SOL V::J that the City CouC1cil of the City of Chula Vista d~es ~ereby ap:Jrove an Agreei.1ent for !n::iemnìfication and Covenants f:Jr Actions Taken by C¡:y ~e¡ated ~o ~2st¡ay.e ïrai!s, a copy oí which shall be ke::J~ ::>:1 rile in the office of the Ci7y - , ' , '_18:K. 3= iT 7='j:=):~=;:¡ ::::ESDL \/EJ 'that :~e rJ;ë:y:>, ~:d ~:l=':i:Y of Chuia V¡s:a is hereby a;Jl~D:-¡zed and dl,e::ted to exe::ute sê1ld Agreemen'l for and :>:-1 behalf of the City. ?,esented by Approved as to form by ;t'/þ ~ // %../' 7 Y /' . ~//(,0-- ¡ -_. ...-\...... -.' i _/':-_ /' :/'.?~ " :; obert A. Leiter J8hn M. Kaheny \ ?;a~Jling and 3u¡¡di;¡g :JireStOf C¡t/Ano;-ney J , / ./ J1ß /4 - ~.~._,_.- :-,~S:::JI'....i':'iO;-¡ . =~~ I ?a::Je 23 PASSED. APPê\O\'::D, and AëJOP7ED ~y the City C:J:.Jn::1I :ij :h= City of Cn:.JiB \':S:B. Ca¡if~r:l¡e, this 4tT1 day of rJ¡ay, 1999, by ::Je follow:;¡;; \,0:2: AYES: Cou:lcilmembers: Davis. hfIO::Jt, Padille, Sa!csan:i Ho:ron t~AYS: Coun:iimembers: None t..ESENï: Councilmembers.: None A3Sï Alt,: Coun::iimembers: . r~one - ~</J//_d /..!c,2·",-_ - .. .. /. ¡vi ;::.n!rle\' ~:):'"t.:):î, ¡2\':J~ ATT:=Sï: ~ W tu í3 v.J.f)·..-/ Susan 3igelow, City Clerk v SïA7:: OP CA!..IPOê\NIA I COUNïY 0;:: SAN DI::GD ) ClïY OP Cê-iUl.A VISTA I I, SL:san 3igelow, City Clerk of Chula V~s:a, Cald8r:l;2. 8:) here~y certify that the foregoing ResoliJtion No. í 9447 v\/as o:.Jly passe:, apoiove:J, 3:ì:J =:::1opi:e:i jy The City Coun::il at a regular r¡)ee!ing of the Chula Vista C¡:v C:):.J~::ìI heid 0:1 t~= 41r ::2Y of hl,,ey, 1999. ::xe::;'.f:ed :his 4:n d2Y of rJ¡sy, -¡ 399. ~LLJ, ~ r3'ç;~ S~sa:'"'j S'2ei:"r.,. CI~Y :;e~k J'il]/->? -.-.- ~..- --- -----_.__.._.~.-'---.- ~_.---~._--- EXHIBIT "C" STREET IMPROVEMENTS Improvement Limits *City of Chula Completion Comments Vista Drawing Date Nos. Clubhouse Drive Hunte Parkway to **99-294 through (I) Referenced as Street "An 99-309 Facility Na.1 in . Resalution 19447 Clubhouse Drive Street "A" to. End **99-294 through (1) Referenced as af Street 99-309 Facility No.2 in Resolution 19447 Hunte Parkway (2) Clubhouse Drive to. 90-1030 thro.ugh (1) Referenced as Oak Springs Drive 90-1037 Facility NO.4 in , Resalution 19447 Hunte Parkway (2) Oak Springs Drive to 90-1030 through Construction Penn it Referenced as Olympic Parkway 90-1037 and 91-44 Issued On: 11/6/98 Facitity No, 5 in thraugh 91-57 Campletion Date: Resolution 19447 11/6/2000 Olympic Parkway SR-125 to Hunte No submitted plans See Paragraph No.. Referenced as Parkway 2k af this Facility No.. 6 in Agreement Resolutian 19447 Olympic Parkway (2) Hunte Parkway to. 9t-44 through 91-57 Canstructian Pennit Referenced as Wueste Road Issued On: t 1/6/98 Facility No.. 7 in Campletion Date: Resalutian 19447 11/6/2000 Street "A" Clubhause Drive to **99-294 through (I) Referenced as Street '·L" 99-309 Facility No.. 9 in Resolution 19447 Street "L" Hunte Parkway to **99-294 through (I) Referenced as Street "A" 99-309 Facility No, 10 in Resalutian 19447 *The improvements are to. be perfanned in accardance with the applicable sheets afthe referenced Drawing Nos, **The referenced plans (Drawing Nas.) have been submitted far review and approval but they have not yet been approved as of the date of this Agreement and therefor may be subject to. modification by the City Engineer, (I) Pursuant to the Subdivision Improvement Agreement executed cantemparaneausly herewith, the completion date far the improvement is priar to the apening of the EastLake Trails elementary schaa\. (2) The cost of improvement constructian has been previously secured by a sufficient surety, whose sufficiency was approved by the City, in the amaunts approved by the City. l'il]"'~r - EXHIBIT "D" SUMMARY OF SECURITIES Improvement Limits Approved Security Status Amount Clubhouse Drive Hunte Parkway to *FP: $1,184,630 Bonds Received and Approved (Facitity No. t) Street "A" *M & L: $1,184,630 Pursuant to Subdivision Improvement Agreement . Executed Herewith Clubhouse Drive Street "A" to End *FP: $1,184,630 Bonds Received and Approved (Facility No.2) of Street *M & L: $t,184,630 Pursuant to Subdivision Improvement Agreement Executed Herewith , Hunte Parkway Clubhouse Drive to (I) Bonds Received Pursuant to (Facility No.4) Oak Springs Drive Separate Agreement Hunte Parkway Oak Springs Drive to (1) , Bonds Received Pursuant to (Facitity No.5) Olympic Parkway Separate Agreement "Olympic Parkway SR-125 to Hunte Parkway FP: $4,678,7t2 Bonds Received and (Facility No.6) M & L: $4,678,712 Approved Olympic Parkway Hunte Parkway to (1) Bonds Received Pursuant to (Facility No.7) Wueste Road Separate Agreement Street "A" Clubhouse Drive to *FP: $t,184,630 Bonds Received and Approved (Facility No.9) Street"L" *M&L:$1,184,630 Pursuant to Subdivision Improvement Agreement Executed Herewith Street "L" Hunte Parkway to *FP: $1,184,630 Bonds Received and Approved (Facility No. 10) Street "A" *M & L: $1,184,630 Pursuant to Subdivision Improvement Agreement Executed Herewith FP = Security Amount for Faithful Perfonnance M & L = Security Amount for Material and Labor (I) The cost of improvement construction was previously secured by a sufficient surety, whose sufficiency was approved by the City, in the amounts approved by the City. ·The posted security amount reflects an added 50% contingency to the total estimated improvement costs since the improvement plans have been submitted for review and approval but they have not yet been approved as of the date of this agreement by the City Engineer. "''''Based on the Feasibility Studv En",ineerin'" Analvsis' Olvmnic Parkwav dared Janual)'. 1999 and prepared by Kimley-Hom and Associates. Inc., the estimated construction costs for Olympic Parkway from SR·125 to Hunte Parkway (Station 242+50.91 to 322+87.16) is $11,875,424. Initially, the Developer partially bonded for a portion of the aforementioned segment of Olympic Parkway (from Hunte Parkway to the EastLake Greens westerly subdivision boundary) in the amount of $2.518,000 based on estimates available at that time. The initial bonds for material and labor and faithful performance were posted by American Casualty Company of Reading, Pennsylvania on May 21, 1998 and the bond number issued to the securities was 158541752. Subsequently, the Developer posted securities for the outstanding amount ($9,357,424: FP= $4,678,712; M&L=$4,678.712) not previously covered by the initial bond to cover the entire estimated construction costs for the subject segment of Olympic Parkway. /1!J<_5/ - RESOLUTION NO. 19tfrrr RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING A GRANT OF EASEMENTS AND MAINTENANCE AGREEMENT AND DETENTION BASIN MAINTENANCE AGREEMENT AND CONSERVATION EASEMENT DEED AND AGREEMENT BETWEEN THE EASTLAKE COMPANY AND THE CITY FOR THE MAINTENANCE OF PUBLIC LANDSCAPING WITHIN A PORTION OF EASTLAKE TRAILS SOUTH AND MAINTENANCE OF THE DETENTION BASIN AND CONSERVATION OF CERTAIN PROPERTY AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENTS WHEREAS, in compliance with Condition No, 73 and other tentative map conditions of approval of Resolution 19447, the developer of EastLake Trails has formed the EastLake Trails Home Owner's Association (HOA) to maintain the open space areas and other private facilities within the EastLake Trails sUbdivisions; and WHEREAS, the developer has requested that the HOA be responsible for maintaining specific public landscaping improvements which include the medians and parkways on Clubhouse Drive, King Creek Way and Oak Springs Drive; and WHEREAS, the Grant of Easements and Maintenance Agreement will (1) require the City to grant easements for landscape maintenance purposes over those public areas to be maintained by the HOA (2) allow the HOA access for maintenance purposes and (3 ) require the HOA to repair, at the HOA's costs, any City facility (i.e, , sidewalk, trees, driveways) damaged by the HOA maintenance operations; and WHEREAS, the Detention Basin Maintenance Agreement will require that the developer maintain the detention basin which will service EastLake Trails until turnover of a portion of the basin to the HOA for continued maintenance and the remaining portion to the city; and WHEREAS, the Conservation Easement Deed ensures that the developer will provide high quality habitat for certain plant and/or animal species within the conservation area described on the EastLake Trails Subdivision map; and WHEREAS, pursuant to the terms of the Conservation Easement Deed, developer shall prevent use or activity within the Conservation Easement Property which is inconsistent with such conservation purposes as well as allow the City to enforce the terms of the Agreement should developer fail to do so. 1 ¡LiC -/ -- NOW, THEREFORE, BE IT RESOLVED the City Council of the City of Chula vista does hereby approve a Grant of Easement and Maintenance Agreement and Detention Basin Maintenance Agreement in substantially the form attached hereto and authorize the City Attorney to make any changes he deems appropriate to effectuate the terms of the agreements between The EastLake Company and the City for the maintenance of public landscaping within a portion of EastLake Trails South, copies of which shall be kept on file in the office of the City Clerk. BE IT FURTHER RESOLVED the City Council of the city of Chula Vista does hereby approve the Conservation Easement Deed and Agreement in substantially the form attached hereto and authorize the City Attorney to make any changes he deems appropriate to effectuate the terms of the agreement for the preservation of the conservation area described on the EastLake Trails Subdivision Map, a copy of which shall be kept on file in the office of the city Clerk. BE IT FURTHER RESOLVED that the Mayor of the City of Chula vista is hereby authorized and directed to execute said Agreements for and on behalf of the City of Chula vista. Presented by Approved as to form by ~~~~ John P. Lippitt John M, Kaheny Director of Public Works City Attorney H:\Home\Attorney\Reso\ELTrails.eas 2 /t(C-~ - -~-~_.__.._- GRANT OF EASEMENTS AND MAINTENANCE AGREEMENT (DEDICATED EASEMENTS) This GRANT OF EASEMENTS AND MAINTENANCE AGREEMENT ("Agreement") is made this _ day of ,1999, by and between the CITY OF CHULA VISTA, A MUNICIPAL CORPORATION ("City") and THE EASTLAKE COMPANY, LLC, A CALIFORNIA LIMITED LIABILITY COMPANY ("EastLake"), REcn ALS A. WHEREAS, this Agreement concerns and affects certain real property located in Chula Vista, California, more particularly described in Exhibit "A" artached hereto and incorporated herein ("Property"). The property is part of a planned residential development project commonly known as "EastLake," For purposes of this Agreement the term "Project" shall also mean the 'Property". B. WHEREAS, EastLake is the owner of the Property, C. WHERAS, pursuant to those certain instruments recorded in the Official Records of the San Diego County Recorder's Office and listed in Exhibit "B", EastLake has dedicated easements for street, landscape buffer, and sidewalk purposes to City (collectively, referred to herein as "Dedicated Easements"). D. :'WHEREAS, on , in order for EastLake to obtain a final map for the Property and for the City to have assurance that the maintenance of the Project's open space areas and thoroughfare median areas would be provided for, the City and EastLake entered into a Supplemental Subdivision Improvement Agreement, by Resolution , in which EastLake agreed that maintenance of such areas shaH be accomplished by the creation of a Homeowners Association. E. WHEREAS, EastLake has decided that the above described areas will be maintained by a Homeowners Association and has established such an association for this purpose, D, WHEREAS, City desires to grant to EastLake easements for landscape maintenance purposes upon, over, and across portions of the Dedicated Easements consisting of medians, landscaped and hardscaped areas, and parkways which are located within said Dedicated Easements in order to facilitate the obligations of EastLake as set forth in the Supplemental Subdivision Improvement Agreement, adopted by Resolution No, NOW, THEREFORE, in consideration of the mutual covenants herein contained, the parries agree as set forth below. 1. Grant of Easements. City hereby grants to EastLake and its agents, successors, and assigns, non-exclusive easements and rights-of-way over and across that portion of real property more particularly described on Exhibit "B" for the purpose of maintaining, repairing. and replacing the landscaping improvements located thereon (the easement area shaH be referred to herein as the "Maintenance area"), The Maintenance Area is diagrammatically shown on Exhibit "c" attached hereto, 2. Maintenance Obligations. I J1C-) - -----.-- - ----~ a. EastLake to Maintain. Eastlake hereby covenants and agrees to, at its sole cost and expense, maintain, repair and replace, or cause to be maintained, repaired or replaced, the Maintenance Area, including all landscape improvements located thereon, at a level equal to or better than the level of maintenance set forth in the Project's Landscape and Irrigation Plan ("Landscape Plan"), as approved by the City. For purposes of this Agreement, the tenn "Maintenance or Maintain" shall mean the maintenance, repair and replacement obligations described herein. b. Transfer to HOA. Eastlake represents to the city that it intends to and has the authority, to unilaterally transfer said Maintenance obligations, to the Project's Homeowners Association ("HOA"), and that such transfer has been provided for in the appropriate HOA documents, including the HOA's Declaration of Covenants, Conditions and Restrictions ("CC&R's) and that such document(s) includes the provisions described in paragraph 3(a) (ii) below. 3. Assignment and Release. a. Assignment. Upon EastLake's transfer of the Maintenance obligations to the HOA, it is intended by the parties, that the HOA shall perfonn the Maintenance obligations either by its own forces or by contractors. Such transfer will release Eastlake 1Ìom its obligations only if all of the following occur: i. HOA Accepts Obligation. The HOA has unconditionally accepted and assumed all ofEastLake's obligations under this Agreement in writing and such assignment provides that the Burden of this Agreement remains a covenant running with the land and the assignee expressly assumes the obligations of EastLake under this Agreement. The assignment shaIl also have been approved by the appropriate governing body of the HOA by resolution or similar procedural method and approved as to fonn and content by the City Attorney, The City Attorney shall not unreasonably withhold its consent to such assignment. II. HOA CC&R's. The City has reviewed and approved the HOA's recorded CC&R's to confirm that said document contains the following provisions; the HOA shall be responsible for complying with all the terms and obligations of this Agreement, the HOA shall be responsible for the Maintenance of the Maintenance Area in accordance with the Landscape Plan, the HOA shall indemnify the city for all claims, demands, causes of action liability or loss related to or arising 1Ìom the Maintenance activities, and the HOA shall not seek to be released by the City 1Ìom the obligations of this Agreement, without the prior consent of the City and 100 percent of the holders of first mortgages or owners of the Project. Ill. HOA Insurance. The HOA procures and fonnally resolves to Maintain at its sole cost and expense commencing upon City's release of all of EastLake's landscape maintenance bonds, a policy of comprehensive general liability insurance written on a per occurrence basis in an amount not less than ONE MILLION DOLARS ($1,000,000) combined single limit. The insurer issuing such insurance shall have a rating of "A, Class VII" or better with no modified occurrences and as admitted by Best's Insurance Guide. Said insurance shall be primary insurance and shall name City, its officers, employees, and agents as additional insureds. The HOA shall provide City with a Certificate of Insurance upon acceptance of the transfer of the Maintenance obligations herein. b. Release. When all conditions precedent in 3(a) above are fulfilled, Eastlake shall be released 1Ìom its obligations under this Agreement, including its security and insurance requirements. EastLake acknowledges that it has a contractual obligation to perfonn the terms and conditions of this Agreement until and unless released by the City fonn this Agreement. At leas! sixty (69) days prior to 2 J ,/C- 'f "-.-.-. -----------.- such transfer, EastLake shall give notice, to the City ofEastLake's intent to transfer its Maintenance obligations herein and provide the City the appropriate documents listed in paragraph 3(a) above. 4. Insurance. EastLake hereby agrees to procure and maintain, at its sole cost and expense, in a form and content issued by an insurer satisfactory to City, a policy of comprehensive general liability insurance written on a per occurrence basis in an amount not less than ONE MILLION DOLLARS ($1,000,000,000) combined single limit. The insurer issuing such insurance shaJl have a rating of "A, Class VII" or better with no modified occurrences and as admitted by Best's Insurance Guide. Said insurance shall be primary insurance and shall name City, its officers, employees, and agents as additional insureds, EastLake shall provide City with a Certificate of Insurance within sixty (60) days from the effective date of this Agreement or no less than thirty (30) days prior to the acceptance of Proctor Valley Road or Hunte Parkway offsite street improvements by City, whichever is later. Said policy of insurance shall provide that said insurance may not be amended such that it no longer complies with this Section or canceled without providing thirty (30) days prior written notice to City. In the event that said policy of insurance is canceled, EastLake shall provide City with new evidence of insurance in conformance with this section prior to the cancellation date. 5. Indemnity. EastLake understands and agrees that City, as indemnitee, or any officer, agent, or employee thereof, shall not be liable for any injury to person or property occasioned by reason of the acts or omissions ofEastLake, its agents, employees, successors, or assigns, related to EastLake's Maintenance activities in the Maintenance Areas. EastLake further agrees to protect and hold the City, its officers, agents and employees, harmless from any and all actions, suits, claims, damages to persons or property, co~ penaJties, obligations, errors, omissions, demands, liability, or loss of any sort (herein "claims or liabilities"), that may be asserted or claimed by any person, firm, or entity because of or arising out of or in connection with the use, maintenance, or repair of the Maintenance Areas by EastLake, its agents, employees, successors, assigns, members, or contractors, excepting any negligence or willful misconduct on the part of City, its officers, employees, and agents. 6. 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 aJl of the Property until released by the mutuaJ consent of the parties. b. Agreement Runs with the Land. The burden of the covenants contained in this Agreement ("Burden") touches and concerns the Property and shall be binding upon, and run with, the ownership of the Property, for which it burdens, The Burden is for the benefit of the Property and the City, its successors and assigns, and any successor in interest thereto. City is deemed the beneficiary of such covenants for and in its own right and for the purposes of protecting the interest of the community and other parties public or private, in whose favor and for whose benefit of such covenants running with the land have been provided without regard to whether City has been, remained or are owners of any particular land or interest therein. If such covenants are breached, the City shall have the right to exercise all rights and remedies and to maintain any actions or suits at law or in equity or other proper proceedings to enforce the curing of such breach to which it or any other beneficiaries of this Agreement and the covenants may be entitled. 7. Governing Law. This Agreement shall be governed and construed in accordance with the laws of the State of California. 8. Effective Date. The terms and conditions of this Agreement shall be effective as of the date this Agreement is recorded in the OfficiaJ Records of the San Diego County Recorder's Office. 3 /~C-..5 ~ ".,,__ ., H_.._""_ 9. Counterparts. This Agreement may be executed in any number of counterparts, each of which shall be original and all of which shall constitute one and the same document. 10. Recording. The parties hereto shall cause this Agreement to be recorded in the Official Records of the San Diego County Recorder's Office within 30 days after this Agreement has been approved by the City Council and prior to any instrument relating to the formation of the HOA, including the HOA's CC&R's, has been recorded against the Property. 11. Miscellaneous Provisions. a. Notices. Unless otherwise provided in this Agreement or by law, any and all notices required or permitted by this Agreement or by law to be served on or delivered to either party shall be in writing and shall be deemed duly served, delivered, and received when personally delivered to the party to whom it is directed, or in lieu thereof, when three (3) business days have elapsed following deposit in the U,S. mail, certified or registered mail, return receipt requested, first-class postage prepaid, addressed to the address indicated in this Agreement. A party may change such address for the purpose of this paragraph by giving written notice of such change to the other party. CITY OF CHULA VISTA Department of Public WorkslEngineering Division 276 Fourth Avenue Chula Vista, CA 91910 - Attn: CityEngineer THE EASTLAKE COMPANY 900 Lane A venue, Suite 100 Chula Vista, CA 91914 Attn: Project 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. Entire Agreement. This Agreement, together with any other written document referred to herein, embody the entire Agreement and understanding between the parties regarding the subject matter hereof and any and all prior or contemporaneous oral or written representations, agreements, understandings, and/or statements shall be of no force and effect. This Agreement is not intended to supersede or amend any other agreement between the parties unless expressly noted. d. Recitals; Exhibits. Any recitaJs set forth above and any attached exhibits are incorporated by reference into this Agreement. e. Compliance with Laws. In the performance of its obligations under this Agreement, EastLake, its agents, and employees shall comply with any and al applicable federal, state, and local laws, regulations, ordinances, policies, permits, and approvals. f. Authority of Signatories. Each signatory and party hereto hereby warrants and represents to the other party that it has legal authority and capacity and direction £Tom its principal to 4 ;{c-? .~ enter into this Agreement, and that all resolutions and/or other actions have been taken so as to enable said signatory to enter into this Agreement. g. Modification. This Agreement may not be modified, terminated, or rescinded, in whole or in part, except by written instrument duly executed and acknowledged by the parties hereto, their successors, or assigns and duly recorded in the Official Records of the San Diego County Recorder's Office, h. Severability. If any teon, covenant or condition of this Agreement or the application thereof to any person or circumstance shall, to any extent, be invalid or unenforceable, the remainder of this Agreement, or the application of such teon, covenant, or condition to person or circumstances other than those as to which it is held invalid or unenforceable, shall not be affected thereby and each teon, covenant, or condition shall be valid and be enforced to the fullest extent permitted by law. i. Preparation of Agreement. No inference, assumption or presumption shall be drawn form the fact that a party or its attorney prepared and/or drafted this Agreement. It shall be conclusively presumed that both parties participated equally in the preparation and/or drafting of this Agreement. 5 J(C" ? - SIGNATURE PAGE TO GRANT OF EASEMENTS .A.ND MAINTENANCE AGREEMENT (DEDICATED EASEMENTS) IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first hereinabove set forth. CITY OF CHULA VISTA TIIE EASTLAKE COMPANY, LLC, a California limited liability company / /- . .. /ì / By: By . C,//(~/ 7 ( ;)4- Shirley Horton, Mayor Wíl1iam T. Osttem, ¡resident /"/ By ( C7 ~ VicePre!id~t Attest: By: Susan Bigelow, City Clerk Approved as to form: By: John M. Kaheny, City Attorney f:\edcshare\brazeU\asaro\grant of easements and maintenance agreementdoc 6 /ýC-õ -- ----------....------ CALIFORNIA ALL·PURPOSE ACKNOWLEDGMENT No. 5907 State of G.L;':vvv_ò_ J County of ¿tLv> ,I) ì <"KV U before me, J ~~ C. .fð-¡tv~LÜ, IlO ~ pu.1o /, <- On MJ.N.-L d. , (q q1 J DATE NAME, TITLE OF OFFICEW- E.G., "JANE DOE, NoTAAY PUBLIC" personally appeared iJL.'dLtL'M ¡: ¿ L,t/Llm ~ .~A.)t.tAC , NAME(S) OF 51 R(5) ~rsonally known to me . OR - 0 pr9vÐ8 to me 01'1 tne Bð3i3 of sat;sfac.tolÿ evidcnsc to be the person(s) whose name(s) Ware subscribed to the within instrument and ac- knowledged to me that I:Ic!sRc/they executed the same in f1 i¡¡ thor/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), I @ ...,...~""""- or the entity upon behalf of which the U ~. '1169721 n person(s) acted, executed the instrument. en 'Nf'(~ In tI _ BAN DIEGO COUNTY :¡ My Commission Expi.... Jh. . FE~U.ARY 12, 2002 , WITNESS my hand and official seal. AA-0a-wu é, ~V..dL SIGNATURE OF NOTA OPTIONAL Though the data below is not required by law, it may prove valuable to persons reiying on the document and could prevent fraudulent reattachment of this form, CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT o INDIVIDUAL o CORPORATE OFFICER TITLE OR TYPE OF DOCUMENT TITLE(S) o PARTNER(S) o LIMITED o GENERAL o ATTORNEY-IN-FACT NUMBER OF PAGES o TRUSTEE(S) o GUARDIAN/CONSERVATOR o OTHER: DATE OF DOCUMENT SIGNER IS REPRESENTING: NAME OF PERsoN(S) OR ENT1TY(lES) SIGNER(S) OTHER THAN NAMED ABOVE "'993 NATIONAL NO/~C':;0~236 Remme' Ave.. P,O. Box 7'64' Canoga Park, CA 9'309·7184 28 EXHIBIT "A" BEING A SUBDIVISION OF PARCELS 1 AND 2 OF PARCEL MAP NO. 18211, 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, FEBRUARY 26, 1999 AS FILE NO, 1999-0121253 OF OFFICIAL RECORDS, A PORTION OF PARCEL 1 OF PARCEL MAP NO, 17677, 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, APRIL 9, 1996 AS FILE NO, 1996-0174537 OF OFFICIAL RECORDS AND A PORTION OF PARCEL 2 OF PARCEL MAP NO, 18064, 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, JULY 6, 1998 AS FILE NO. 1998-0416070 OF OFFICIAL RECORDS, - jJ/C--/t7 __ _m__'~___'_'____ FROl1 .: RICK ENG I NEER I NG PHONE NO, : 619 291 0707 Jun, 01 1999 04:11PM ?2 J-13211 6/1/99 EXHIBIT "B" Ust of Easements dedicated to City for Street, Landscape Buffer, Recreational Trails andlor Sidewalk purposes: 1) Olvmpic Parkwav Dedicated per Deed Recorded: 5-27 -99 F IP 1999-0367386 2) Hunte Parkway Dedicated per Deed Recorded: 6-11-96 F/P 96-0291540 Dedicated per Deed Recorded: 8-7-91 F/P 91-0398486 Dedicated Per Map No, 12545 Landscape Buffer and Recreational Trail Easement per Map No. 3) Otav Lakes Road Street Easement recorded: 11-28-90 F/P 90-634654 J'Ie --/1 -- --. -" ._--_._.._~-~_.~~--- -- Exhibit "B" 4. Clubhouse Drive Street Easement Recorded FIP 5, Silver Springs Drive Street Easement Recorded F¡P 6, Oak Springs Drive Street Easement Recorded FIP 7, Noble Canyon Road Street Easement Recorded F/P 8. South Creekside Drive Street Easement Recorded F/P /'/C--/L - ----.- .-".- FROM: RICK ENGINEERING PHONE NO, : 619 291 0707 Jun. 01 1999 04: 12PM P4 I '''. ' I EXHIBIT IICII ¡ I ~>" I" ....:-"-~ ", ....:.:~ II I ·....·~'···;:'0.. J' / HUNiE PKWY DEDICATED PER DEED REC'D 7-3-97 I "~~~ /.--f;:/" riP !997-0316062 PER AGREEMENT BETWEEN EASTLAKE I V? ~ /1 ,,/ DEVELOPMENT COMPANY AND VILLAGE PROPERTIES Z "~~ .I DATED 6-27-88 AMENDED 6-2-97. ~ ,,~y // EASTLAKE TRAILS () // ' ONSITE UJ # HOA MAINTAINED ~ THOROUGHFARE MEDIAN t- AND PARKWAY ~ 4',7 HUNTE PKWY RIGHT OF WAY EASEMENT EXHIBIT /;.~ DEDIC TED PER LOkes R (f//. MAP 12545 ="'''C>:o OQo J. I ~..!&53'>';,-x.). . / - - y> >:..... ') TRAILS NORTH / ~~~~ / -~~~~-~ \ ~~ -, N --....... '" " * ....,,'. ", \ -", .~', I " " I '''-, I $ " j ~ I SCALE: 1'=800' 1·- j LEGEND : I HOA maIntained : I - thor"oughfal"'e medIans . and parkways (On-sIte) , I I \ r:¡s~ Future DedIcatIon '. \ , " ì f '. i , I Portion OIYmPi~C Parkway \ \ DEED REC'D 6-11-96 /~;o~~-,·_.. / 1."1 F /P 96-0291540 //~/,+- ~ / Ø/ ~6 I " ,/ 0 \ ,/ ~ /" /'///a\~ /' i J-13211 / 5-13-99 !; /Z..~ RICK ENGINEERING CCMP..i\.t'\!Y i¡ ,..,: ,-...~ L W ::':"'I'oI2W> '-'''~_ .;. .~..... STREET MAINTENANCE EXHIBIT EASTLAKE TRAILS SOUTH PORTION OF KING CREEK WAY ANO NOBLE CANYON ROAD TO BE IMPROVED AS PART OF EASTLAKE TRAILS NORTH , fUTURE EASTLAKE , TRAILS NORTH I J CD <: TRAILS SOUTH l- CD :> UI :>:: CD <t -' Z l- CD 1.1.1 <t LU ~ 1JJ 1JJ c::~ a: ~ J ::) C!J 1- Ò J ::) Z lL. LU a. <t :>:::2 "'-' \J.I _1 Ü \ 1-~ \ CD Co. '" 1.1.1 SCALE: 1" = 600' Oak SOUTH CREEKSIDE Springs Dr. DRIVE LEGEND ~ - HOA MAINTAINED THOROUGHFARE MEDIANS PARCEL 1 AND PARKWAYS (ON-SITE) PARCEL MAP NO, ~ ~~~r ~f?~!,!I;!!!!!S, INC. JiC-It( NoT ~ A " PART SAN OICGtt CALnilRNIA 1.1'0' MAY 19,1999 1nC (II") "':¡-~ r;.x ,t.J'f-.JQZ2 /9'd ,,~:=3f.1I:>f.l3 3D/' d WdÞÞ:2, 66, 02 AI:JW .._..~ ,. -.......- ...--..-..- DETENTION BASIN MAINTENA.1'iiCE AGREEMENT BY A.."Œ BETWEEN THE CITY OF CHULA YISTA A.."'D THE EASTLAKE COMPA.."Y, LLC This Agreement is made this _ day of , 1999 by and between THE EASTLAKE COMPANY, LLC, A CALIFORNIA LIM:JTED LIABILITY COMPANY, ("EastLake"), and the CITY OF CHULA VISTA, A CALIFORNIA MUNICIPAL CORPORATION ("City") with reference to the facts set forth below, which recitals constitute a part of this Agreement. RECITALS A. WHEREAS, this Agreement concerns and affects certain real property located in Chula Vista, California, more particularly described in Exhibit "A" artached hereto and incorporated herein ("Property"), The Property is part of a planned residential development project commonly lmown as EastLake Trails. For purposes of this Agreement, the term "Project" shall also mean the "Property," B. WHEREAS, EastLake is the owner of the Property, C. WHEREAS, on November 24, 1998, City approved the EastLake Sectional Planning Area (SPA) Plan by Resolution No. 19275, relying in part on the EastLake SPA Plan Final Supplemental Environmental Impact Report 97-04, D, _ WHEREAS, on May 4, 1999, the Chula Vista City Council adopted Resolution No, 19447, approving the Tentative Subdivision Map for EastLake, Chula Vista Tract 99-03, and, in accordance with the California Environmental Quality Act ("CEQA") (Pub, Resources Code Se'ction 21000 et seq,) made certain Findings of Fact, recertified Supplemental Enviornmental Impact Report 97-04, E. WHEREAS, on , in order for EastLake to obtain a fmal map for the Property, the City and EastLake entered into a Supplemental Subdivision Improvement Agreement, by Resolution , in which EastLake agreed to construct a detention basin to service the Project, prepare a maintenance program for said improvement, and maintain the detention basin for the period of time specified in said Supplemental Subdivision Improvement Agreement. The City and EastLake now desire to further refine the maintenance obligations as it relates to the detension basin, F, WHEREAS, the City and EastLake agreed, pursuant to paragraph 3(b) of the above described Supplemental Subdivision Improvement Agreement, that the City has absolute discretion not to accept the Detention Basin as a public facility. G, WHEREAS, EastLake is required to enter into agreement(s) with City and with the California Department ofFish and Game ("Fish and Game") to implement the detention basin maintenance program. H. WHEREAS, the City Engineer had determined that a storm water runoff Detention Basin, as shown on Chula Vista Drawings 91-43 through 91-38, is necessary to serve that portion of Project located at Olympic Parkway at Salt Creek, NOW THEREFORE BE IT RESOLVED that the Parties agree as follows: 1. Defined Terms, As used herein, the following terms shall mean: I Ifc/IS- - 1.a "Detension Basin" means the flow-through stIUcture located in Salt Creek Basin of the Tentative Subdivision Map and on Chula Vista Drawings 91-43 through 91-38, which is necessary to serve that portion of Project located north of Olympic Parkway as depicted in Exhibit "R" The basic purpose of the Detension Basin is to collect and hold storm water runoff while releasing it downstream at a controlled rate. 1.b "Maintain" or "Maintenance" means to furnish, or the furnishing of, services and materials for the ordinary and usual maintenance required for the operation of the Detention Basin which shall include, but not be limited to such activities as, the removal/displacement of sand, silt, sediment, debris, rubbish, woody or aquatic vegetation and other obstructions to flow, the control of weeds, grasses, and emergent vegetation, and the cleaning and clearing of erosion control facilities, in accordance with the "Maintenance Program for the Detention Basin" attached hereto as Exhibit "c." 2. Agreement Applicable to subsequent Owners. 2.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, 2.b Agreement Runs with the Land. The burden ofthe covenants contained in this Agreement ("Burden") touches and concerns the Property and shall be binding upon, and run with, the ownership of Jhe Property, for which it burdens. The Burden is for the benefit of the Property and the City, its successors and assigns, and any successor in interest thereto. City if deemed the beneficiary of such covenants for and in its own right and for the purposes of protecting the interest of the community and other parties public or private, in whose favor and for whose benefit of such covenants running with the land have been provided without regard to whether City has been, remained or are owners of any particular land or interest therein, If such covenants are breached, the City shall have the right to exercise all rights and remedies and to maintain any actions or suits at law or in equity or other proper proceedings to enforce the curing of such breach to which it or any other beneficiaries of this Agreement and the covenants may be entitled. 3. Detention Basin Maintenance. 3.a Detention Basin Maintenance. EastLake agrees to Maintain Area "B," at its sole expense, in accordance with the Maintenance Plan, until such time as all upstream grading within the Project is completed and erosion protection planting is adequately established as determined by the City Engineer or for a period of five years from the Effective Date of this Agreement, whichever occurs last. EastLake understands and agrees that EastLake is responsible for obtaining all necessary permits, approvals, and certifications, if any, from the applicable Federal and/or State agencies, including but not limited to, Fish and Game, and the United States Army Corps of Engineers, EastLake expressly understands and agrees that, in the Maintenance of the Detension Basin, EastLake shall conform to and abide by all of the provisions of the ordinances, standards and policies of the City of Chula Vista, the laws and statutes of the State of California, and Federal laws and statutes, as may be applicable to said work. 3.b Detention Basin Maintenance - Assumption of Maintenance by City. City agrees to assume the Maintenance obligations for the Detension Basin after the time period for Maintenance by EastLake has expired, as set forth in paragraph 3(a) of this Agreement, and provided that EastLake is not in breach with any of the terms or provision of this Agreement Upon assumption of the Detension Basin by the City, EastLake shall be released from its Maintenance obligations under this Agreement, including all security requirements, City understands and agrees that City is thereafter responsible for obtaining all necessary permits, approvals, and certifications, if any, from the applicable 2 It/e--I? - Federal and/or State agencies, including but not limited to, Fish and Game, and the Federal Emergency Management Administration. 3.c Security for Performance of Maintenance Obligations. EastLake agrees to furnish and deliver to the City ofChula Vista, simultaneously with EastLake's execution of this Agreement, and to thereafter keep in full force and effect for the full term of EastLake's Maintenance obligations as set forth herein, maintenance securities as specified in Section 4 of this Agreement to guarantee faithful performance in connection with EastLake's Maintenance obligations for the Detension Basin and to secure the payment of material and labor in connection with such Maintenance of said Basin. EastLake acknowledges and agrees that if the Detension Basin is not maintained to City's satisfaction, the sums provided by said maintenance securities may be used by City for the Maintenance of the Detension Basin, or at the option of City, for Maintenance that is less than the sum provided by said maintenance securities, EastLake agrees to pay to City any difference between the total costs incurred to perform the work, including, but not limited to, reasonable design and administration of the Maintenance (including a reasonable allocation of overhead), and any proceeds from the maintenance security. 4. Security for Performance. EastLake hereby agrees to procure and maintain, at its sole cost and expense, in a form and content reasonably satisfactory to City, maintenance bond(s) in the amount of $35,000 from a surety approved by the City for the purpose of guaranteeing maintenance of the Detension Basi.,¡ for the period ofEastLake's Maintenance obligations as set forth herein. Said bond shall remain in fulnorce and effect for the full five year period. EastLake shall provide City with said maintenance bond in triplicate in accordance with the provisions of this Agreement. 5. Indemnity. EastLake 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 EastLake, its agents or employees, or indemnitee, related to the Maintenance Activities described herein, EastLake further agrees to protect and hold City, its officers, agents, 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 ofEastLake, its agents or employees, or indemnitee, related to said Maintenance Activities, excepting any negligence or willful misconduct on the part of City, its officers, employees, and agents. The approved maintenance 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 f or arising form EastLake' s Maintenance Activities as provided herein. It shall also extend to damages resulting form diversion of waters, change in the volume of flow, modification of the velocity of the water, erosion of siltation, or the modification of the point of discharge as the result of or arising from the Maintenance Activities, The approval of plans for the Detension Basin and any related improvements shall not constitute the assumption by City of any responsibility for such damage or taking, nor shall City, by any approvals, be an insurer or surety for the Maintenance of the Detention Basin and any related improvements. The provisions of this paragraph shall become effective upon the execution of this Agreement and shall remain in full force and effect regardless of the City's acceptance of Area "B" for Maintenance, 6. Governing Law. This Agreement shall be governing and construed in accordance with the laws of the State of California. 7. Effective Date, The terms and conditions of this Agreement shall be effective as of the date this Agreement is recorded in the Official Records of the San Diego County Recorder's Office, 3 ¡ie-I? - - --..-- 8. Counterparts. This Agreement may be executed in any number of counterparts, each of which shall be original and all of which shall constitute one and the same document. 9. Recording. The parties hereto shall cause this Agreement to be recorded in the Official Records of the San Diego County Recorder's Office within 30 days after this Agreement has been approved by the City Council and prior to any other instrument relating to the formation of the HOA, including the Declaration of Covenants and Restrictions for said HOA, has been recorded against the Property. 10. Miscellaneous Provisions. 10.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 Department of Public WorksÆngineering Division 27 G Fourth Avenue Chula Vista, CA 91910 Attention: City Engineer THE EASTLAKE COMP AJ\'Y 900 Lane Avenue, Suite 100 Chula Vista, CA 91914 Attention: Project 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, 10.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, lO.c Entire Agreement. This Agreement, together with any other written document referred to herein, embody the entire Agreement and understanding between the parties regarding the subject matter hereof and any and all prior or contemporaneous oral or written representations, agreements, understandings, and/or statements shall be of no force and effect. This Agreement is not intended to supersede or amend any other agreement between the parities unless expressly noted, 10.d Recitals; Exhibits. Any recitals set forth above and any attached exhibits are incorporated by reference into this Agreement. 10.e Compliance with Laws. In the performance of its obligations under this Agreement, EastLake, its agents, and employees shall comply with any and all applicable federal, state and local laws, regulations, ordinances, policies, permits, and approvals. 4 ¡'fC-/r -~ -----_.~_.--------,~_...__.,- - 10.f Authority of Signatories. Each signatory and party hereto hereby warrants and represents to the other party that it has legal authority and capacity and direction from its principal to enter into this Agreement, and that all resolutions and/or other actions have been taken so as to enable said signatory to enter into this Agreement. 10.g Modification. This Agreement may not be modified, terminated, or rescinded, in whole or in part, except by written instrument duly executed and acknowledged by the parties hereto, their successors, or assigns and duly recorded in the Official Records of the San Diego County Recorder's Office. 10.h Severability. If any term, covenant or condition of this Agreement or the application thereofto any person or circumstance shall, to any extent, be invalid or unenforceable, the remainder of this Agreement, or the application of such term, covenant, or condition to person or circumstances other than those as to which it is held invalid or unenforceable, shall not be affected thereby and each term, covenant, or condition shall be valid and be enforced tot he fullest extent permitted by law. 10.i Preparation of Agreement. No inference, assumption or presumption shall be drawn from the fact that a party or his attorney prepared andJor drafted this Agreement. It shall be conclusively presumed that both parties participated equally in the preparation andJor drafting of this Agreement. 5 ¡t.(C -/f IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first hereinabove set forth. CITY OF CHULA VISTA THE EASTLAKE COMPA1\"y, LLC, a California Ji~it~_I~bili~;:3mpany !::, /1 ;L ! ------ By: By: l/ ~ , /', Shirley Horton, Mayor William T, OstreÌ1(President Attest: ! /---1 11 By: By: / C'1 ....-~ Beverly Authelet, City Clerk Guy Asaro, .>(rice President Approved as to form: By: John M. Kaheny, City Attorney f.\edcsharc\brazell\&$aro~iscd detention basin maintenance apeemcnt.doc J'ie-).£) 6 CALIFORNIA ALL·PURPOSE ACKNOWLEDGMENT No. 5907 State of Co)" d<'-'M/U County of ,.,{CI.1~ J) I U~ () :J- On ~'C(... .;t, /'1'í'í before me, -d..,;~c.~.J,.( nc~ D<-<bt.c , DATE NAME, TITLE OF OFACÉR· E.G., "JANE DOVOTAAY PUBLIC"' personally appeared IJJ dL>llt1AJ ( (: /JfM,*,- Oh0 ~ A -<Jeuo , NAME(S) OF SlGNE ) 0Personally known to me . OR . 0 pmved to me on tlge basis of satisfactory evidenee to be the person(s) whose name(s) ·i&lare subscribed to the within instrument and ac- knowledged to me that ho/Ghc/they executed the same in l:¡.4o/lger/their authorized capacity(ies), and that by hi~.'j:¡cr/their signature(s) on the instrument the person(s), I @ =-""""" I or the entity upon behalf of which the person(s) acted, executed the instrument. o I . .1189721 n en IØTARr~~ (,) _ BAN DIEGO COUNTY _ My Commi . ExpI WITNESS my hand and official seal. J ... FEBRuARY;'2, 20; ( ) -iÁWvotv (', ~a./¡- ~ SIGNATURE OF NOTAR~J OPTIONAL Though the data below is not required by law, It may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT o INDIVIDUAL o CORPORATE OFFICER TITLE OR TYPE OF DOCUMENT TTTlE(S) o PARTNER(S) o LIMITED o GENERAL o ATIORNEY-IN-FACT NUMBER OF PAGES o TRUSTEE(S) o GUARDIAN/CONSERVATOR o OTHER: DATE OF DOCUMENT SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(lES) SIGNER(S) OTHER THAN NAMED ABOVE C1993 NATIONAL NOTiY ŸëA~I'i Remmel Ave.. P.O. Box 7164· Canoga Park, CA 9'309-7164 - 28 EXHIBIT "A" BEING A SUBDIVISION OF PARCELS 1 AND 2 OF PARCEL MAP NO. 18211, 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, FEBRUARY 26, 1999 AS FILE NO, 1999-0121253 OF OFFICIAL RECORDS, A PORTION OF PARCEL 1 OF PARCEL MAP NO, 17677, 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, APRIL 9, 1996 AS FILE NO, 1996-0174537 OF OFFICIAL RECORDS AND A PORTION OF PARCEL 2 OF PARCEL MAP NO, 18064, 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, JULY 6, 1998 AS FILE NO, 1998-0416070 OF OFFICIAL RECORDS, ;(é---;'1- - · EXHIBIT liB II .. , N SCALE: 1"=300' J OÙW-?\C ?ÀR~Þ..y . ... ·13211 ' ' _R1CK~ S."." . /(C-;J.;3 CCMPANY ' - THIS PAGE BLANK l,/c-cJ.r RECORDING REQUESTED BY: ) City of Chula Vista ) ) WHEN RECORDED MAIL TO: ) City Clerk ) City of Chula Vista ) 276 Fourth Avenue ) Chula Vista, CA 91910 ) ) ) Above Space for Recorder's Use CONSERVATION EASEMENT DEED AND AGREEMENT THIS CONSERVATION EASEMENT DEED AND AGREEMENT ("Conservation Easement") is made this day of , 1999 by THE EASTLAKE COMPANY, LLC, a California limited liability company (herein "Grantor"), in favor of the CITY OF CHULA VISTA, a municipal corporation ("Grantee"), with reference to the following facts: R E C I TAL S A, Grantor is the sole owner in fee simple of certain real property in the city of Chula vista, County of San Diego, State of California, portions of which are designated as Parcels A, B and C, more particularly described and depicted in Exhibit "A" attached hereto and incorporated by this reference (the "Property" ) ; B, The Property possesses wildlife and habitat values (collectively, "conservation values") of great importance to the United States Army Corps of Engineers ("Corps"), the people of the State of California and the united States; C. The Property provides high quality habitat for certain plant and/or animal species, as more particularly described in Exhibit "B" attached hereto and incorporated herein by this reference; D. This Conservation Easement also provides compensatory mitigation for impacts to "waters of the United States" and is granted to satisfy Special Condition No. 6 of section 404 Nationwide Permit (NW26 - Corps Verification No. 92-20374-DZ) (the "Nationwide Permit") issued by the United States Army Corps of Engineers (Corps) pursuant to its authority under the federal Clean Water Act (33 U,S,C. 1344). In a letter dated September 10, 1997, the Corps notified Grantor that its (i) construction of ,- / iC-øZ7 an extension to Orange Avenue that requires discharge of 61,000 cubic yards of fill into 1.96 acres of wetlands and (Ü) one-time excavation of up to three (3 ) feet of silt from a non-vegetated area in Salt Creek, City of Chula vista, San Diego County, California was authorized under the Nationwide Permit; and E. Grantor and Grantee hereby agree that third-party right of enforcement shall be held by the appropriate enforcement agencies of the United states and the State of California, F, Grantor has requested Grantee accept this Conservation Easement in order for Grantor to comply with the nationwide permit and to enable Grantor to develop its project. COVENANTS, TERMS, CONDITIONS AND RESTRICTIONS In consideration of the above recitals and the mutual covenants, terms, conditions, and restrictions contained herein, and pursuant to California law, including Civil Code Section 815, et seq, , Grantor hereby voluntarily deeds and conveys to Grantee a conservation easement in perpetuity over the Property, such restrictions shall run with the land and be binding on Grantor's heirs, successors, administrators, assigns, lessees, or other occupiers and users. 1, Purpose. The purpose of this Conservation Easement is to ensure the Property will be retained forever in a natural condition subject to such accessory open space uses such as hiking trails, and to prevent any use of the Property that will significantly impair or interfere with the conservation values of the Property, (a) The term natural condition shall mean the condition of the protected property at the time of this grant, and shall be evidenced by a surveyed plat, attached as Exhibit IIC" attached hereto and incorporated herein by this reference, of the protected property showing all relevant property lines all existing man-made improvements and structures, and major, distinct natural features such as waters of the United States. 2, Grantee's Riqhts. To accomplish the purposes of this Conservation Easement, Grantor hereby grants and conveys the following rights, but not the obligation, to Grantee by this Conservation Easement, in accordance with Section 6.2 of this Agreement: (a) To preserve and protect the conservation values of the Property; (b) To enter upon the Property at reasonable times in order to monitor Grantor's compliance with and to otherwise enforce the terms of this Conservation Easement and for scientific research and interpretive purposes by Grantee or its designees, provided that Grantee shall not unreasonably interfere with Grantor's use 2 /1C-02~ -- _....__,_~_u and quiet enjoyment of the Property; (c) To enforce the performance of Grantor's obligations hereunder; (d) All mineral, air and water rights necessary to protect and to sustain the biological resources of the Property; and (e) All present and future development rights. 3. Prohibited Uses. Any activity on or use of the Property inconsistent with the purposes of this Conservation Easement is prohibited. without limiting the generality of the foregoing and except as necessary to perform the activities permitted under the Nationwide Permit, as set forth in the September 10, 1997 letter from the Corps, the following uses by Grantor, Grantor's agents, heirs, successors and assigns, are expressly prohibited: (a) Unseasonal watering, use of herbicides, rOdenticides, or weed abatement activities, incompatible fire protection activities and any and all other uses which may adversely affect the purposes of this Conservation Easement; (b) Use of off-road vehicles; (c) Grazing or surface entry for exploration or extraction of minerals; (d) Erecting of any building, billboard, sign; (e) Depositing of soil, trash, ashes, garbage, waste, bio- solids or any other material; (f) Excavating, dredging or removing of loam, gravel, soil, rock, sand or other material; (g) otherwise altering the general topography of the Property, including building of roads; (h) Removing, destroying, or cutting of trees, shrubs or other vegetation, except as required by law for (1) fire breaks, (2) maintenance of existing foot trails or roads, or (3) prevention or treatment of disease; or (i) Except for the sewer line easement described in section 5 below, the placement of any easements or vegetation clearing for flood control or other purposes. 4, Grantor's Duties, Grantor shall undertake reasonable action to prevent the unlawful entry and trespass by persons whose activities may degrade or harm the conservation values of the Property. In addition, Grantor shall prevent any activity on or use of the Property that is inconsistent with the purposes of 3 /0~ this Conservation Easement and to require the restoration of such areas or features of the Property that may be damaged by any act, failure to act, or any use that is inconsistent with the purposes of this Conservation Easement; 5, Reserved Riqhts. Grantor reserves to itself, and to its personal representatives, heirs, successors, and assigns, all rights accruing from its ownership of the Property, including (i) the right to engage in or to permit or invite others to engage in all uses of the Property that are consistent with the purposes of this Conservation Easement; (ii) the right to construct, use and maintain a twenty (20 ) foot wide sewer line easement to be located along the outer edge of the Property; and; (iii) notwithstanding Section 3 above, any activities authorized by the Corps through its issuance of a subsequent permit by the Corps, 6, Grantee's Remedies, If Grantee determines that Grantor is in violation of the terms of this Conservation Easement or that a violation is threatened, Grantee may give written notice to Grantor of such violation and demand in writing the cure of such violation. If Grantor fails to cure the violation within fifteen (15) days after receipt of said written notice and demand from Grantee, or said cure reasonably requires more than fifteen (15) days to complete and Grantor fails to begin the cure within the fifteen (15) day period or fails to continue diligently to complete the cure, Grantee may bring an action at law or in equity in a court of competent jurisdiction to enforce compliance by Grantor with the terms of this Conservation Easement, to receive any damages to which Grantee may be entitled for violation by Grantor of the terms of this Conservation Easement, to enjoin the violation, ex parte as necessary, by temporary or permanent injunction without the necessity of providing either actual damages or the inadequacy of otherwise available legal remedies, or for other equitable relief, including, but not limited to, the restoration of the Property to the condition in which it existed prior to any such violation or injury, without limiting Grantor's liability therefor, Grantee may apply any damages recovered to the cost of undertaking any corrective action on the Property, If Grantee, in its sole discretion, determines that circumstances require immediate action to prevent or mitigate significant damage to the conservation values of the Property, Grantee may pursue its remedies under this paragraph without prior notice to Grantor or without waiting for the period provided for cure to expire, Grantee's rights under this paragraph apply equally to actual or threatened violations of the terms of this Conservation Easement, Grantor agrees that Grantee's remedies at law for any violation of the terms of this Conservation Easement are inadequate and that Grantee shall be entitled to the injunctive relief described in this section, both prohibitive and mandatory, in addition to such other relief to which Grantee may be entitled, including specific performance of the terms of this Conservation Easement, without the necessity of 4 ¡r(C-;2o .'-----,._-- ."-_.,--~-~-" proving either actual damages or the inadequacy of otherwise available legal remedies. Grantee's remedies described in this section shall be cumulative and shall be in addition to all remedies now or hereafter existing at law or in equity, including but not limited to, the remedies set forth in Civil Code Section 815, et seq., inclusive, If at any time in the future Grantor or any subsequent transferee uses or threatens to use such lands for purposes inconsistent with this Conservation Easement, notwithstanding civil Code section 815.7, the U,S. Attorney has standing to enforce this Conservation Easement, 6.1 Costs of Enforcement, Any costs incurred by Grantee in enforcing the terms of this Conservation Easement against Grantor, including, but not limited to, costs of suit and attorneys' fees, and any costs of restoration necessitated by Grantor's violation or negligence under the terms of this Conservation Easement shall be borne by Grantor, 6.2 Grantee's Discretion, Enforcement of the terms of this Conservation Easement by Grantee shall be at the discretion of the Grantee, and any forbearance by Grantee to exercise its rights under this Conservation Easement in the event of any breach of any term of the Conservation Easement shall not be construed to be a waiver by Grantee of such terms or of any subsequent breach of the same or any other term of this Conservation Easement or of any of Grantee's rights under this Conservation Easement. No delay or omission by Grantee in the exercise of any right or remedy upon any breach by Grantor shall impair such right or remedy or be construed as a waiver, Further, nothing in this Conservation Easement creates non- discretionary duty upon the Grantee to enforce its provisions, nor shall deviation from these terms and procedures, or failure to enforce its provisions give rise to a private right of action against Grantee by any third parties. 6.3 Acts Bevond Grantor's Control. Nothing contained in this Conservation Easement shall be construed to entitle Grantee or the Corps to bring any action against Grantor for any significant injury to or change in the Property resulting from causes beyond Grantor's control, including: fire, flood, storm, and earth movement, or from any prudent action taken by Grantor under emergency conditions to prevent, abate, or mitigate significant injury to the Property resulting from such causes, Said prohibitions from taking action for significant injury to the Property by Grantor shall only be allowed if such catastrophic event (or event beyond Grantor's control) has caused a substantial failure of or degradation of the Conservation and Environmental values on the Property and was the result from said described causes, Notwithstanding the foregoing, nothing herein precludes Grantee or the Corps from taking such actions pertaining to Grantor's obligation to restore the Property, 5 J'iG....;¿9 ----..-.. -~------ --- ----~ ------...-- 6.4 Riqht of Enforcement, All rights and remedies conveyed to Grantee under this Conservation Easement, including, but not limited to, those rights and remedies set forth in sections 2, 6, 6.1 and 6.2 above, shall extend to and are enforceable by the Corps, 7. Costs and Liabilities, Grantor retains all responsibilities and shall bear all costs and liabilities of any kind related to the ownership, operation, upkeep, and maintenance of the property. 7.1 Taxes, Grantor shall pay before delinquency all taxes, assessments, fees, and charges of whatever description levied on or assessed against the Property by competent authority (collectively "taxes"), including any taxes imposed upon, or incurred as a result of, this Conservation Easement, and shall furnish Grantee and the Corps with satisfactory evidence of payment upon request, Grantor shall hold harmless, indemnify, and defend Grantee, the Corps and their respective directors, officers, employees, agents, contractors, and representatives (collectively "Indemnified Parties") from and against all liabilities, penalties, costs, losses, damages, expenses, causes of action, claims, demands, or judgments, including without limitation, reasonable attorneys' fees, arising from or in any way connected with: (1) injury to or the death of any person, or physical damages to any property, resulting from any negligent or willful act or omission of Grantor, its agents and employees occurring on or about the Property; (2) the obligations specified in sections 4, 7, and 7,1; and (3) the existence or administration of this Conservation Easement. 7.2 Condemnation, The purposes of the Conservation Easement are presumed to be the best and most necessary public use as defined at civil Procedure Code section 1240.680 notwithstanding civil Procedure Code section 1240,690 and 1240,700, 8. Indemnitv, Grantor 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 Grantor, its agents or employees, or indemnitee, related to the Conservation Activities described herein, Grantor further agrees to protect and hold city, its officers, agents, 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 Grantor, its agents or employees, or indemnitee, related to said Conservation Activities, excepting any negligence or willful misconduct on the part of city, its officers, employees, and agents. 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 6 /Ýé-;Ie? a result of or arising from Grantor's Conservation Activities as provided herein. The provisions of this paragraph shall become effective upon the execution of this Agreement and shall remain in full force and effect regardless of the city's acceptance of the Conservation Easement, 9. Assiqnment. This Conservation Easement is transferable, but Grantee may assign its rights and obligations under this Conservation Easement only to an entity or organization authorized to acquire and hold conservation easements pursuant to Civil Code section 815,3, Grantee shall require the assignee to record the assignment in the county where the Property is located and shall provide written notification of such assignment to the Corps, 10. Subsequent Transfers. Grantor agrees to incorporate the terms of this Conservation Easement in any deed or other legal instrument by which Grantor divests itself of any interest in all or a portion of the Property, including, without limitation, a leasehold interest. Grantor further agrees to give written notice to Grantee and the Corps of the intent to transfer of any interest at least fifteen (15) days prior to the date of such transfer. Grantee and the Corps shall have the right to prevent subsequent transfers in which prospective subsequent claimants or transferees are not given notice of the covenants, terms, conditions and restrictions of this Conservation Easement, The failure of Grantor, Grantee or the Corps to perform any act provided in this section shall not impair the validity of this Conservation Easement or limit its enforceability in any way, 11. Notices. Any notice, demand, request, consent, approval, or communication that either party desires or is required to give to the other shall be in writing and be served personally or sent by first class mail, postage prepaid, addressed as follows: To Grantor: The EastLake Company 900 Lane Avenue, suite 100 Chula vista, CA 91914 Attn: Guy Asaro To Grantee: The city of Chula vista office of city Attorney 276 4th Avenue Chula vista, CA 91910 To the Corps: united States Army Corps of Engineers District Counsel 911 Wilshire Blvd" Rm 1535 Los Angeles, CA 90017-3401 or to such other address as either party shall designate by 7 J~C-J/ --- -_._~-_.- ..------ ------ --. _ _ _ ____ __ m. ___ ___ __ _.._____..________.....__.__ written notice to the other, Notice shall be deemed effective upon delivery in the case of personal delivery or, in the case of delivery by first class mail, five (5) days after deposit into the United States mail, 12, Extinquishment. This Conservation Easement may be extinguished by Grantor and Grantee by mutual written agreement upon the request of either party only after (i) the requesting party acquires and records a perpetual conservation easement in the name of the state of California at an alternative location, which provides conservation values that satisfy the specific mitigation purposes of this Conservation Easement as stated in this Conservation Easement and (ii) the parties obtain a prior written consent from the Corps, 13 , Amendment, This Conservation Easement may be amended by Grantor and Grantee by mutual written agreement; provided, however, that the Corps shall have provided a prior written consent of the amendment, Any such amendment shall be consistent with the purposes of this Conservation Easement ~nd, except as provided in section 12, shall not affect its perpetual duration. Any such amendment shall be recorded in the official records of San Diego County, state of California, 14, General Provisions, (a) Controllinq Law. The interpretation and performance of this Conservation Easement shall be governed by the laws of the State of California. (b) Liberal Construction, Any general rule of construction to the contrary notwithstanding, this Conservation Easement shall be liberally construed in favor of the deed to effect the purpose of this Conservation Easement and the policy and purpose of civil Code section 815, et seq. If any provision in this instrument is found to be ambiguous, an interpretation consistent with the purposes of this Conservation Easement that would render the provision valid shall be favored over any interpretation that would render it invalid, (c) Severability. If a court of competent jurisdiction voids or invalidates on its face any provision of this Conservation Easement, such action shall not affect the remainder of this Conservation Easement. If a court of competent jurisdiction voids or invalidates the application of any provision of this Conservation Easement to a person or circumstance, such action shall not affect the application of the provision to other persons or circumstances. (d) Entire Aqreement, This instrument sets forth the entire agreement of the parties with respect to the Conservation Easement and supersedes all prior discussions, negotiations, understandings, or agreements relating to the Conservation Easement. No alteration or variation of this instrument shall be 8 / JjC - :J .2.. -------.- ---..-....---.--..--.--....-- valid or binding unless contained in an amendment in accordance with section 13, (e) No Forfeiture. Nothing contained herein will result in a forfeiture or reversion of Grantor's title in any respect, (f) Successors. The covenants, terms, conditions, and restrictions of this Conservation Easement shall be binding upon, and inure to the benefit of, the parties hereto and their respective personal representatives, heirs, successors, and assigns and shall continue as a servitude running in perpetuity with the Property, (g) Termination of Riqhts and Obliqations. A party's rights and obligations under this Conservation Easement terminate upon transfer of the party's interest in the Conservation Easement or Property, except that liability for acts or omissions occurring prior to transfer shall survive transfer. (h) captions, The captions in this instrument have been inserted solely for convenience of reference and are not a part of this instrument and shall have no effect upon construction or interpretation. 9 ¡t(¿-:J? -----_.~.__...,_...._.,-_.- ~--_.._._-----_.._...---"'--- (i) Counterparts, The parties may execute this instrument in two or more counterparts, which shall, in the aggregate, be signed by both parties; each counterpart shall be deemed an original instrument as against any party who has signed it, In the event of any disparity between the counterparts produced, the recorded counterpart shall be controlling, (a) (NEXT PAGE IS SIGNATURE PAGE) H,\Home\Attorney\Conserv.DOC 10 I "It: ... J 'I' - .--.._..~-~-~.~._-_..-_..- JUN-03-99 10 :35 FROM:MATTHEW5/MARK ID:6192388505 PAGE 2/2 1 SIGHA'l'ORB PAGE TO CONSE1<-~nœl EAS~ DEED IN WI1NBSS WSERSOF. Grantor and Grantee have eX1tered into ~his conservation Ba6emen~ the day and year first above written. GlUINTOR: Approved as to form: TØ ~TLAIO! cOMPlUIY. a 'J'B8 CITY OF CHIJIA '\T:[STA, a Ca¡ifornia limited liability municipal corporation . com¡>a¡¡.y It~~ By: BY' Name : I Name: Title: 'I'i~le: president. By: Name: Debbie R.oth KJ.ingnar Title: '\Tice pre~ident ¡ I f ¡ t I II. \1rDIIID\£.UIriIGf\Q:ID~· ',Dol: I 11 lye,. ;J.s I - CERTIFICATE OF ACCEPTANCE This is to certify that the interest in real property conveyed by the Conservation Easement by , dated , to the city of Chula vista, a municipal corporation (the IICityll) 1 is accepted by the undersigned officers on behalf of the city. GRANTEE: THE CITY OF CHULA VISTA By: Name: Title: Date: H:\Home\Attorney\Conserv.DOC 12 IYC- 3? - COUNCIL AGENDA STATEMENT Item 1.5' Meeting Date 6/8/99 ITEM TITLE: Resolution /9'1'B"Jclaring the intent to form the Town Centre and Bay Boulevard Landscaping and Lighting Districts, approving the preliminary Engineer's Report, setting the time and place for a public hearing and ordering the initiating of ballot procedures SUBMITfED BY, DIT""" of """Ii, W"",, ~ REVIEWED BY: City Manag~~ --<' (4/5ths Vote: Yes_No..XJ The Town Centre and Bay Boulevard Landscaping and Lighting Districts were originally formed over 15 years ago by Council resolution, Article XIIID of the Constitution of the State of California, enacted by the approval of Proposition 218, provides that beginning July 1, 1997 all existing, new or increased assessments must comply with the provisions of this article. Certain classes of existing assessments are exempt from the procedures of Article XIIID, Following review of all of the City's maintenance assessment districts, staff has determined that the Town Centre and Bay Boulevard Landscaping and Lighting Districts may not be exempt from the provisions of Article XIIID and therefore recommends that proceedings be undertaken in conjunction with the annual levy of assessments for these districts to bring the assessments into compliance with the provisions of Article XIIID. RECOMMENDATION: That Council approve the preliminary Engineer's Report, direct the City Clerk to notice the public hearings for the Town Centre and Bay Boulevard Landscaping and Lighting Districts for July 27, 1999 at 6:00 p,m" and order the initiation of ballot procedures BOARDS/COMMISSIONS RECOMMENDATION: Not applicable. DISCUSSION: Back~round On November 13, 1979 the City Council accepted the landscape improvements installed along Third Avenue between "E" and "F" Streets, The initial maintenance cost was covered by a loan from the Redevelopment Agency, pending establishment of an Assessment District in accordance with the Lighting and Landscaping Act of 1972, A public hearing was held and the District formation was authorized by Council on June 17, 1980. Costs were generally apportioned based on the footage of property facing Third Ave. and the assessed valuation of each property, Parcels between "F" and "G" Streets, which were slated to be redeveloped, were also included in the District since it was anticipated that the improvements would be extended to these blocks, These properties were initially assessed a nominal amount.. generally between $10 and $40 per year, These amounts were later increased after these properties were developed, /5>/ Page 2, Item 1'5" Meeting Date 6/8/99 Over the years, the Town Centre District has been improved with new and enhanced landscaping, However, the amount of time spent by the Town Gardener to maintain the facilities within this district has decreased from 4,5 hours per day to 3,15 hours per day, This is due to the expanded workload involved in maintaining the "H" Street Transit Center, Bay Boulevard Park, and the parking lots on Del Mar, Landis, and Center Streets. The facilities maintained by the Town Centre District include raised planters, container planters, shade structures with vines, supplemental tree plantings, landscaped covered bus stops, park benches, decorative street lamps, ornamental accent lighting in shade structures, decorative litter containers, ashtrays, enhanced stamped concrete sidewalks and walkways and an outdoor decorative clock. These improvements extend along Third Avenue from "E" Street to "G" Street. Memorial Park, which is located at Third Avenue and Park Way, is not included in the District and is not being maintained by the District. The Bay Blvd, Assessment District was established in 1982 to maintain street lighting and landscaping improvements installed that year on Bay Blvd, The District includes four large parcels along the east side of Bay Blvd. between "E" and "P" Streets. The District maintains the parkway plantings on the west side of Bay Boulevard from just south of the Nature Interpretive Center entrance at "E" Street to Lagoon Drivel "P" Street. This parkway is composed of Acacia shrubs and palm trees to visually buffer the businesses on Bay Blvd, from an open drainage course, freight train tracks, electric transmission towers and a sewage pump station, Additionally, the park located at the northwest corner of Bay Blvd, and Lagoon Drivel "P" Street is also maintained by the District. This park includes two separated lawn areas with picnic tables and tree, shrub and ground plantings, Proposition 218, which took effect on July 1, 1997, requires that all existing, new or increased assessments comply with the act unless they fall under several exempted categories, Districts established for landscaping and lighting maintenance are not considered automatically exempt. All other Open Space Districts established by the City of Chula Vista prior to the passage of Proposition 218 were established pursuant to a petition signed by the persons owning all the parcels subject to the assessment, which entitles these districts to an exemption, Since the Town Centre and Bay Blvd. Assessment Districts were not established through such a petition or through voter approval, they are subject to Proposition 218 requirements, including preparation of a new Engineer's Report and conduct an assessment ballot procedure which allows all owners of assessed parcels to submit assessment ballots in favor of or in opposition to the levy of assessments, Pro¡JOsed District Assessments Since the levy of the assessments within these Districts must comply with the provisions of Article XIIID, the method of allocating each property's fair share needs to be reevaluated to insure that it also complies with the substantive requirements of Article XIIID, Based on the advice of the City's consulting attorney, Warren Diven, it was decided that use of parcel area would be a reasonable and justifiable method to spread the cost over the parcels, Originally the cost was spread over the parcels based on footage fronting Third Avenue and assessed value of each parcel. /5" ,2. -. Page 3, Item /6 Meeting Date 6/8/99 Assessed value was not used because it is not considered to be a fair estimate of the benefit obtained from the improvements, and front footage was not used due to the irregular dimensions of some of the parcels, The level of service for the Bay Blvd, District is not proposed for change, since the City has not received any comments from property owners in this District, The annual expenditure for this District is anticipated to be $15,491 for Fiscal Year 1999-2000, However, due to the large reserve in the Bay Blvd, Fund, the net collectible amount would olÙY be $5,210, as shown in Attachment A, The estimated cost per Equivalent Dwelling Unit (EDU) would decrease from $774 to $521. (Note that the number of EDUs is based on calculations for both Districts as previously formed and is included mailÙY as a method of comparison,) However, over the past year the Downtown Business Association, particularly Executive Director Jack Blakely, has expressed a desire to increase the level of service for the Town Centre District, including additional personnel hours. All current property owners who are being charged for the Town Centre District were invited to a public meeting on March 27 conducted by City Open Space staff. Pive people, who were both property owners and business owners, attended the meeting, Following a discussion explaining the need for an election and improvements desired in the District, staff requested that the property owners meet with the Downtown Business Association and compose a wish list of items they wished to see implemented within the District (Attachment B), This list was incorporated into the City's cost estimate for annual Operation and Maintenance, Implementation of these improvements would increase the estimated annual cost from $45,422 in Fiscal Year 1998-99 to $124,300. If the improvements are not implemented, the cost will increase slightly to $48,820, Comparisons with previous unit costs are shown in Attachment A, Three properties on the south side of "P" Street between Garrett Avenue and Third Avenue (parcels Nos, 568-270-20, 568-270-27 and 568-270-30) were included in the original District but have a lower level of service and consequently a lower level of special benefit than the rest of the District, since the improvements in this area are limited to enhanced sidewalks, trees and ornamental lights, Three parcels on the north side of "P"Street have the same type of improvements but are not included in the District and are maintained with City funds. In order to be equitable, staff recommends that the three parcels facing "P" Street be removed from the District. District funds would not be expended to maintain these properties. Mr. Blakely has also requested that the City extend the boundaries of the Town Centre District south along Third Avenue to "H" Street, Although this would expand the assessment base, there is no justification for extending the district. Since the type of improvements constructed between "E" and "G" Streets are not included in the blocks between "G" and "H" Streets, the latter blocks do not derive a special benefit from the improvements north of "G" Street. In order to be included in the District, a special zone would need to be established for the streets south of "G" Street to pay for improvements in this area. This would not result in a significant reduction for the area north of "G" Street, and the property owners south of "G" Street would not be likely to vote in /5'3 ----~._--_. ."--..-- . u_ ------.-- Page 4, Item.1£ Meeting Date 6/8/99 favor of assessing themselves for maintenance of improvements the City is currently financing, The Preliminary Engineer's Reports (Attachments C and D) include Plats showing the boundaries for each district, the budget for each district and separate spreadsheets for the proposed assessment amounts (the budget for Fiscal Year 1999-2000) and payment amounts (the billable amounts which take into account the fund balance). The Town Centre District includes budgets and spreadsheets for both the "as is" option and the enhanced service option, The annual assessment amount will be adjustable by the lesser of the January to January San Diego Metropolitan Area All Urban Consumer Price Index (CPI) or the change in the estimated fourth quarter per capita personal income as contained in the Governor's budget published in January, This is consistent with our administration of the City's other Open Space/ Landscaping and Lighting Districts and with Municipal Code Section 17,07,035, According to Proposition 218, the City is required to mail assessment ballots stating the proposed assessment amounts to all record property owners at least 45 days in advance of a public hearing, at which the City shall consider all protests against the assessment and tabulate the assessment ballots. The assessment ballots shall be tabulated in proportion to the financial obligations of the individual property owners, The assessment can be imposed if the majority of the weighted vote for the ballots submitted is in favor of the assessment. The assessment ballot for the Town Centre District will be a two-step process which will allow the property owners to vote for either no assessment (and no District), the "as is" alternative, or the enhanced service aIternative. If the majority of property owners by weighted vote select "no" on their assessment ballots, the City has the option to either discontinue maintenance of the improvements or to fmd other sources of funding for this work, such as the general fund, If this should occur, staff recommends that the City discontinue maintenance but assist the property owners andl or business owners in setting up a method for arranging for this work to be performed and billed, Mr. Blakely has previously discussed with the City the possibility of having the Downtown Business Association contract for the maintenance work in the Town Centre area. The Downtown Business Association has also brought up the possibility of having the Downtown Business Association contract for the maintenance but have the City bill the property owners. It may be legally permissible for the City to enter into a contract with the Business Association for the performance of the maintenance work, provided that the establishment of the District is approved by the ballot procedure. This is a separate issue and can be considered next fiscal year. Staff members attended the meeting of the Downtown Business Association on June 1, 1999 to discuss the alternatives and the balloting process for the Town Centre District. A motion was passed requesting the City to utilize contract services in lieu of current City staff for maintenance work in the District in order to keep costs down, The use of contract services was included in the additional staff estimate for the enhanced services option, although prevailing wage scales were assumed, Staff will explore lower cost staffing options next fiscal year. However, insufficient 15'( . ~ Page 5, Item /6" Meeting Date 6/8/99 infonnation is available at this time to enable such cost reductions to be reflected in the amount stated on the property owners' ballots. FISCAL IMPACT: There are no fiscal impacts associated with a "yes" vote for the Bay Blvd, District or a "yes" vote on the "as is" option for the Town Centre District, since these choices will basically maintain to status quo, A "yes" vote for the Town Centre enhanced service option will increase the expenditures but have no net effect on the City, since these costs would be paid by the property owners, A "no" vote could have a fiscal impact if Council decides to pay for some or all of the maintenance costs, This annual impact is estimated at $64,311, based on the "as is" option for Town Centre, Attachments: A, Estimate of Maintenance Cost: Bay Blvd, and Town Centre Open Space Districts B. Memorandum from the Downtown Business Association C. Preliminary Engineer's Report for Bay Blvd. Open Space District D. Preliminary Engineer's Report for Town Centre Open Space District H:\HOME\ENGINEER\AGENDA \ TOWNCTR.EMC 0725-30-CFDOO H:\HOME\ENGINEER\AGENDA\TOWNCTR.EMC If"->' RESOLUTION NO. / ?~i'í RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA DECLARING THE INTENT TO FORM THE TOWN CENTRE AND BAY BOULEVARD LANDSCAPING AND LIGHTING DISTRICTS, APPROVING THE PRELIMINARY ENGINEER'S REPORT, SETTING JULY 27, 1999 AT 6:00 P.M. AS THE DATE AND TIME OF THE PUBLIC HEARING AND ORDERING THE INITIATION OF BALLOT PROCEDURES WHEREAS, the CITY COUNCIL of the CITY OF Chula Vista has previously formed special maintenance districts pursuant to the terms of the "Landscaping and Lighting Act of 1972", being Division IS, Part 2 of the Streets and Highways Code of the State of California (the" 1972 Act"), such districts known and designated as TOWN CENTRE LANDSCAPING AND LIGHTING DISTRICT ("Towne Centre District") and BAY BOULEVARD LANDSCAPING AND LIGHTING DISTRICT ("Bay Boulevard District") (Town Centre District and Bay Boulevard District may be referred to collectively as the "Districts"); and WHEREAS, at this time the City Council desires to take proceedings pursuant to the 1972 Act, Article XIIID of the Constimtion of the State of California ("Article XIIID") and the Proposition 218 Omnibus Implementation Act (Government Code Section 53750 and following) (the "Implementation Act") (the 1972 Act, Article XIIID and the Implementation Act are referred to collectively as the "Assessment Law") to provide for the annual levy of assessments for the next ensuing fiscal year to provide for the costs and expenses necessary to pay for the maintenance of the existing improvements and proposed additional improvements in such Districts; and, WHEREAS, there has been presented to this City Council the Assessment Engineer's Report, as required by the Assessment Law, and this City Council desires to continue with the proceedings for said annual levy; and, WHEREAS, this City Council has now carefully examined and reviewed the Assessment Engineer's Report as presented, and is satisfied with each and all of the items and documents as set forth therein, and is satisfied that the assessments, on a preliminary basis, have been spread in accordance with the special benefits received from the improvements to be maintained, as set forth in the Assessment Engineer's Report and this City Council desires to preliminarily approve such report. NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS: SECTION 1. Recitals, The above recitals are all true and correct. SECTION 2. Declaration of Intention The public interest and convenience requires, and it is the intention of this legislative body, to levy and collect assessments to pay the annual costs and expenses for the maintenance andlor servicing of the existing improvements and proposed additional improvements for the Districts. The improvements proposed to be maintained in each respective District are generally described as follows: Town Centre District Improvements on Third Avenue between "E" and "G" Streets: Various improvements located between the curb and building fronts, including enhanced stamped concrete sidewalks and walkways, raised planters, container planters, shade strucmres with vines, /~t -- supplemental tree plantings, landscaped covered bus stops, park benches, decorative street lamps, ornamental accent lighting in shade structures, decorative litter containers, ashtrays and an outdoor decorative clock. The level of maintenance to be financed is proposed to be provided in one of two alternative levels: "As Is" and "Enhanced." The As Is maintenance level includes, but is not limited to, the furnishing of services and materials necessary to maintain the plantings and other amenities, including irrigation, trimming, spraying, fertilizing and treating the plantings for disease and injury; the furnishing of water for irrigation and electricity for lighting, the irrigation system and the clock; steam cleaning the sidewalks; and repairing the lighting and irrigation system. The Enhanced maintenance level includes the As Is maintenance level plus seasonal plantings, additional labor for cleanup and litter control, additional painting of street lights and planters, additional signage, a contract for maintenance of accent lighting, streetlamp lens replacement, replacement of concrete litter containers and repair of trellises. Bay Boulevard District The improvements include (a) the shrubs and trees located in the parkway on the west side of Bay Boulevard between from just south of the Nature Interpretive Center entrance at "E" Street to Lagoon Drive/"F" Street and street lighting and (b) the park located at the northwest corner of Bay Boulevard and Lagoon Drive/"F" Street including lawn areas, picnic tables and trees, shrubs and ground plantings and area lighting. The maintenance work to be financed shall include, but not be limited to, the furnishing of services and materials needed to maintain the landscaping and lighting, including irrigation, trimming, spraying, fertilizing and treating the landscaping for disease and injury; the removal of solid waste; the furnishing of water for irrigation and electricity for the lighting and irrigation systems; and the repairing of the lighting and landscaping improvements. SECTION 3. Boundaries of the Districts The existing improvements and the proposed additional improvements are of special benefit to certain properties within the boundaries of each respective District. For particulars, reference is made to the boundary maps of each respective District, a copies of which is on file in the Office of the Clerk of the City Council and open for public inspection, and are designated by the name of each respective District. SECTION 4. Report of Assessment Engineer. The Assessment Engineer's Report, as presented, is hereby approved on a preliminary basis, and is ordered to be filed in the office of the City Clerk as a permanent record and to remain open to public inspection. Reference is made to said Assessment Engineer's Report for a full and detailed description of the existing improvements and the additional improvements proposed to be maintained, the boundaries of each respective District, and the proposed assessments upon assessable lots and parcels of land within each respective District. SECTION 5. Assessments All costs and expenses of the maintenance and incidental expenses have been apportioned and distributed to the benefitting parcels in accordance with the special benefits received from the existing andlor proposed additional improvements. 15>; -..-".- .- SECTION 6. Public Hearing Notice is hereby given that public hearings for each District are hereby scheduled in the regular meeting place of this legislative body located at 276 Fourth A venue, Chula Vista, California 91910 on the following date and time: July 27, 1999 at 6:00 p.m. At such times the legislative body will consider and finally determine whether to levy the proposed annual assessment within each of the Districts. All interested persons shall be afforded the opportunity to hear and be heard. The City Council shall consider all oral statements and all written communications made or filed by any interested persons. The City Council shall also determine whether assessment ballots submitted pursuant to the Assessment Law in opposition to the proposed assessments within each respective District exceed assessment ballots submitted in favor of such proposed assessments. Pursuant to the provisions of the Assessment Law, each record owner of property located within each respective District proposed to be assessed has the right to submit an assessment ballot in favor of or in opposition to the proposed assessment. Assessment ballots will be mailed to the record owner of each parcel located within each respective District and subject to a proposed assessment. Each such owner may complete such assessment ballot and thereby indicate their support for or opposition to the proposed assessment. All such assessment ballots may be delivered by mail or personal delivery to the City Clerk at the following address at or before 5:00 pm on July 27,1999: City Clerk City of Chula Vista 276 Fourth A venue Chula Vista, Ca 91910 After 5:00 pm on July 27, 1999, assessment ballots may be delivered prior to the close of the public hearing for the District for which the assessment ballot is being submitted to the City Clerk at the location of the public hearing given above. All assessments ballots for each District must be received by the City Clerk prior to the close of the public hearing for such District on July 27, 1999. A postmark on an envelop returning an assessment ballot by mail which is postmarked prior to snch date and time will not be sufficient. At the conclusion of the public hearing on July 27, 1999 for each respective District, the City Council shall cause the assessment ballots for such District which are timely received to be tabulated. If a majority protest exists within a District, the City Council shall not impose an assessment within that District. A majority protest exists if, upon the conclusion of such public hearing, assessment ballots submitted in opposition to the assessments within a District exceed the assessment ballots submitted in favor of such assessments. In tabulating the assessment ballots, the assessment ballots shall be weighted according to the proportional financial obligation of the affected property, SECTION 7. Notice of Public Hearing The City Clerk is hereby directed to mail notice pursuant to the Assessment Law of the public hearings and assessment ballot proceedings and the adoption of the Resolution of Intention and of the filing of the Assessment Engineer's Report, together with the assessment /'þ,y --.....-- ballot materials, to the record owners of all real property located within each respective District proposed to be assessed. SECTION 8. Proceedings Inauiries For any and all information relating to these proceedings, including information relating to protest procedure, your attention is directed to the person designated below: Elizabeth Chopp Engineering Department City of Chula Vista 276 Fourth Avenue Chula Vista, Ca 91910 (619)691-5258 Presented by Approved as to form by John P. 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C:Q)Ec: e:::!ü- Q)J:: Q)- Q)Q)C..c: ~ W .2 0 .....1I::.....m~~.ºE8·- I- Q)~cu~CIJ :s0:EQ) EEWo w ~.~~~~~~~·~i~!L..~ ~ ~~~~~ ~ ~~ ~ª ~~¡~ ~ _ª0.....~~c:~S~~a.Q)~ I- m~~ool- :::> ~~ ~~ Q)m~~ 0 e:¡:¡e~Q)._om~me:J£"C en Q)~"c~w C OQ) OQ) ~(f.I:JQ) ;; ~~~>C/)()()~~OO~C/)O< W ~~<~z W ()~ ()~ «oo~ Ï /5 1.5'''12 ~ - ---.-- .# \ From: The Downtown Business Association AtTACHMENT 8 To: Wbom it may concern The following items, the Downtown Business Association feels need to be addressed, to help improve the atmosphere of the downtown area, This is our "wish list". Please pass this to the appropriate departments in which the specific responsibilities lie: 1. PLANTERS: a) Remove all dead plants. b) Plant COLORFUL flowers throughout downtown. Not just one type of flower, but various types of flowers. c) Repair or replace broken planters. d) Plant seasonal flowers/plants (i.e. Winter, Spring, Summer & Fall), e) Separate planters throughout the downtown area, too many are "linked" linked together, f) Paint planters, bring color to downtown. g) Center, level or remove/move planter on corner of 3rd A venue and Center Street h) Planter on comer of3rd Avenue and "E" Street needs to be centered and leveled. 2. COBRA'S: a) All cobra's bases need to be painted, they look shabby next to the recently painted "ornamental" lights. b) Various cobra's lights are burned out throughout the downtown area and need replacing. 3, PARKING SIGNS: a) Parking sign missing near bus stop on the comer of Fuddruckers. (Replace) b) Parking sign missing in front ofCal-West Trophies, (Replace) c) Parking sign in the center of 3rd Avenue (on the grass in front of Fuddruckers) needs to be repainted and stand poles need replacing, 4. TRELLIS': a) All lights need to be checked, b) Trellis at Northeast comer of 3rd and "F" needs to be repaired, c) Trellis at Southeast side (by old Standlee's) light breaker kicks off. leaving area dark. , 5, MISCELLANEOUS: a) Steam clean sidewalks on a regular basis, b) All street sign lights (ie. Third Avenue, "E" Street, etc,) are burned out and need to be replaced. c) Replace broken trash cans throughout the downtown area. ~. /.>,-)-3 ~ --------...,....,------ - ,:¡ . d) Corner signal light on 3rd and "F" Street needs painting, e) Ornamental light in front of Standlees (inside of double light) burned out and needs to be replaced. ) Give a spare set of keys to outlet electrical box covers throughout downtown to the Downtown Business Association. g) Replace NO SKATEBOARDING signs throughout downtown 3rd A venue, many are faded out. g /5>1'1 --_._-~- ATTACHMENT ~ PRELIMINARY ENGINEER'S REPORT BAY BOULEVARD LANDSCAPING AND LIGHTING DISTRICT May 25, 1999 Ió /5'''/.>' -....---..--.... BAY BOULEVARD LANDSCAPING AND LIGHTING DISTRICT Introduction The Bay Boulevard Landscaping and Lighting District was originally established in 1982 by resolution of the Chula Vista City Council, pursuant to the Landscaping and Lighting Act of 1972, in order to pay for maintenance of improvements installed that year on Bay Boulevard, These improvements consist of the following: L Maintenance of the parkway on the west side of Bay Boulevard between from just south of the Nature Interpretive Center entrance at "E" Street to Lagoon Drivel "F" Street. This parkway is composed of Acacia shrubs and Canary Island pine trees. Street lighting is also included, 2, Maintenance of the park located at the northwest corner of Bay Boulevard and Lagoon Drivel "F" Street. This park includes two separated lawn areas with picnic tables and tree, shrub and ground plantings, There is also a small planted area on the northeast corner of "F" Street and Bay Blvd, Area lighting is also included, The District is located in the City of Chula Vista, County of San Diego, State of California as depicted on the boundary map included as Exhibit A herein, A map of this District was recorded in the office of tl\e City Engineer on June 13, 1989, No changes are being proposed to the District boundaries. The parcels being assessed for this District are as follows: APN 567-021-29 APN 567-021-38 APN 567-021-37 APN 567-021-36 Proposition 218, which took effect on July 1, 1997, requires that all existing, new or increased assessments comply with the act unless they fall under several exempted categories, Districts established for landscaping and lighting maintenance are not considered automatically exempt, Since this District was not originally established pursuant to a petition signed by the persons owning all the parcels subject to the assessment or through voter approval, levy of assessments within the District is subject to Proposition 218 requirements, including preparation of a new Engineer's Report and conducting an assessment ballot procedure among all property owners, Cost Estimate The cost estimate for maintenance of this District is shown on Table L The Total Budget Amount I J1 l,Çr/? -- for Fiscal Year 1999-2000 is estimated to be $15,491. This estimate is based on the City's experience of the annual maintenance work required. This maintenance work shall include, but not be limited to, the furnishing of services and materials needed to maintain the landscaping and lighting, including irrigation, trimming, spraying, fertilizing and treating the landscaping for disease and injury; the removal of solid waste; the furnishing of water for irrigation and electricity for lighting and the irrigation system; and repairing the lighting and irrigation system, With the exception of trash collection and disposal, which is done by Laidlaw, all other labor will be performed by City staff. Rate and Method of Apportionment An assessment has been calculated annually for the properties included within the District and billed to the property owners on the County tax bill. The method of apportiomnent of the District's costs to the properties has been reviewed and it was decided that use of parcel area would be a reasonable and justifiable method to spread the cost over the parcels to reflect the special benefit received by such parcels from the improvements being maintained. All parcels are classified for commercial land use, Table 2 shows how the total annual cost for this District would be distributed among the four parcels. The Rate of Assessment for Fiscal Year 1999-2000 is $2424.26 per acre. This rate shall be increased every fiscal year thereafter by the lesser of the annual percentage increase, if any, in the January to January San Diego Metropolitan Area All Urban Consumer Price Index (all items) or the annual percentage increase, if any, in the California Fourth Quarter Per Capita Personal Income as contained in the Governor's budget published every January, These factors are currently being used for the City's other Landscaping and Lighting Districts. The Rate of Assessment recalculated for each Fiscal Year will be the maximum rate billable to the property owners, The end of year Operating Fund Balance and the Reserve Fund Requirement will need to be taken into account when determining the actual billing amounts for the fiscal year. The Reserve Fund is a fund or account that shall be maintained for the District in order to provide necessary cash flow for operation and maintenance during the first six months of the fiscal year, working capital to cover maintenance and repair cost overruns or unanticipated maintenance expenses and funding shortfalls resulting from delinquencies that may arise in connection with the collection of the assessments, The Reserve Fund Requirement shall be a minimum of 50 percent and a maximum of 100 percent of the Total Budget Amount for the upcoming fiscal year. Should there be insufficient funds available to cover a 50 percent Reserve Fund Requirement, the reserve percent shall be as high as allowable at the Rate of Assessment for the upcoming fiscal year. The amount billable to parcels within the District for each fiscal year will therefore be calculated as follows: 2 f /f'/1 - (Total Budget Amount) + (Reserve Fund Requirement) - (Operating Fund Balance) = (Total Billable Amount) AND (Total Billable Amount) = Billing Rate; which shall be less than or equal to the (Total number of Acres) Rate of Assessment The billable amounts for Fiscal Year 1999-2000 are shown in Table 3 for all parcels in the District. Based on a 100 percent reserve, the total revenue needed is $5,210, The Billing Rate is $815,336 per Acre. This billing rate is pennissible, since it is less than the Rate of Assessment. h: \home\engineer\asmtdist\osds\bbengr ,emc 3 /7 /3'';-; Y -----~-- ------- .1 ~ - I EXHlfJlT A i I \ I II II . , i I , .J \1 ¡ I I ' I ,II ~I I - "EII 'I II Sf, I DISTRICT I EoUNOAZ Ý (; . -- ,ArlT ¡.IeN'y' 'S .I I R¿S7AUR,4,IT ~ Ä -- ~ (5)>7-021-2'7) I "'Z - 9 ~ -- , ~ .IT ! ¡-J DAy'S INN l<.J \! I ! riiJ í!.) MO TOR lJ.J LOOGe. - ~ ~ (5';7-02,- 33) 4. ,I ¡ -" - - /"=200' ,>.- If) '\ -- .L'- EL TO~, TO - C{J R~S TAVRANT - lï (567-02/'31) l<J !--. ~ -- /-.. , S()(./p V) I EXCHANGE ct I: . I I<.J I' ,I "- - I - - < - "- I CITy PARK . .1 II - I'F" I I LL ST, lL ~ I II - I - - - ,: II - - i: \ I i I, , ' ORAV'lN 8'1" TIT \... E 10. ____ -,j)-I __ __ [3-" Y ß/ ~- /'T1;t::'/;,1: 'J-C-' II': A V DATE /'"1 J_ ~/ .::;J¡/<-. ,., "T/,/J,\iu ,D ~-28 -p/ LA //f)!:'CAFE 1/ ,A't .'v'AM!: E D/S IK IC T ! _ _ _ _-'_ _ _~;o__ . - TABLE 1 NVUNTENANCESERVICES BAY BLVD. LANDSCAPING AND LIGHTING DISTRICT Electricity for lighting and irrigation system $961 Trash collection and disposal $475 Irrigation water $2,834 Town Gardener salary and benefits $7,060 City administrative costs $2,781 Certification of backflow preventer devices $120 Landscaping supplies $850 Maintenance materials: low volwne irrigation emitters $230 Public noticing $180 TOTAL: $15,491 h:\homelengineerlasmtdistlbbtab l.eme 4' /5>,1, tP ----.- TABLE 2 BAY BLVD. LANDSCAPING AND LIGHTING DISTRICT - BUDGET FOR CURRENT SERVICE Parcel Number Site Address Acreage Assessed Amount 567-021-29 215 Bay Blvd. 1.24 $3,006.08 567-021-36 225 Bay Blvd. 2.12 $5,139.43 567-021-37 271 Bay Blvd. 1.74 $4,218.21 567-021-38 285 Bay Blvd. 1.29 $3,127,30 6.39 $15,491.00 h: \home\bethc\baybl, wb3 Ø/ /5 --pl./ -~ TABLE 3 BAY BLVD. LANDSCAPING AND LIGHTING DISTRICT BILLING FOR CURRENT SERVICES CONSIDERING RESERVES Parcel Number Site Address Acreage Assessed Amount 567-021-29 215 Bay Blvd. 1.24 $1,011.02 567-021-36 225 Bay Blvd. 2.12 $1,728.51 567-021-37 271 Bay Blvd. 1.74 $1,418.68 567-021-38 285 Bay Blvd. 1.29 $1,051.78 6.39 $5,210.00 h:\home\bethc\baybI1.wb3 .ß' /5"I'02t:7 --- - AnACHMENT .D PRELIMINARY ENGINEER'S REPORT TOWN CENTRE LANDSCAPING AND LIGHTING DISTRICT May 25, 1999 /1 IÞ'eJ;J -- -- TOWN CENTRE LANDSCAPING AND LIGHTING DISTRICT Introduction On November 13, 1979 the ChuJa Vista City Council accepted the landscaping improvements installed on Third Avenue between "E" and "P" Streets, A public hearing was subsequently held and the fonnation of an Assessment District in accordance with the Landscaping and Lighting Act of 1972 was authorized by Council on June 17,1980, Additional improvements were subsequently constructed on Third Avenue between "P" and "G" Streets and along "P" Street between Third and Garrett Avenues, These improvements included the following: L Improvements on Third Avenue between "E" and "G" Streets: Various improvements located between the curb and building fronts, including enhanced stamped concrete sidewalks and walkways, raised planters, container planters, shade structures with vines, supplemental tree plantings, landscaped covered bus stops, park benches, decorative street lamps, ornamental accent lighting in shade structures, decorative litter containers, ashtrays and an outdoor decorative clock. 2, Improvements on "P" Street between Garrett and Third Avenues (south side of street): Supplemental tree plantings, enhanced concrete sidewalks, decorative street lamps A revised map of this district was prepared in 1985 which identifies parcels within the current boundaries, It includes the parcels along Third Avenue between "E" and "G" Street, with the exception of the City Park, and three parcels along "P" Street which do not have frontage on Third Avenue: Assessor's Parcel Numbers 568-270-20, 568-270-27 and 568-270-30, Proposition 218, which took effect on July 1, 1997, requires that all existing, new or increased assessments comply with the act unless they fall under several exempted categories. Districts established for landscaping and lighting maintenance are not considered automatically exempt. Since this District was not originally established pursuant to a petition signed by the persons owning all the parcels subject to the assessment or through voter approval, levy of assessments within the District is subject to Proposition 218 requirements, including preparation of a new Engineer's Report and conducting an assessment ballot procedure among all property owners, District Boundaries During the process of reforming the District, a number of issues were considered, The first issue pertained to the establishment of zones within the District. The level of improvements adjacent to the three properties which front "P" Street is significantly lower than for the properties fronting Third Avenue, There seemed to be two options: establish a separate zone for the three "P" Street I ~ /ý,2f -- parcels or eliminate these parcels from the District. It is recommended that these three parcels be eliminated from the District due to the difficulty and expense involved in dividing the costs and keeping separate records for a zone with three parcels and the fact that the parcels on the north side of "F" Street, which have similar improvements, have not been included in the District. Beginning in Fiscal Year 1999-2000, funds obtained from the assessments for this District will no longer be used to maintain the City improvements in front of these properties, The revised District boundaries are shown on Exhibit A, along with current parcel numbers, Cost Estimates Based on input from property and business owners, two level of service options for maintenance of the improvements were identified for the Town Centre District. It is recommended that both options be presented to the property owners for consideration in the ballot process, The first option is considered the "As Is" Option since it involves the same improvements and the same level of maintenance currently perfonned, The Total Budget Amount for this option for Fiscal Year 1999-2000 is estimated to be $48,820, as shown on Table L This estimate is based on the City's experience of the annual maintenance work required, The maintenance work shall include, but not be limited to, the furnishing of services and materials necessary to maintain the plantings and other amenities, including irrigation, trimming, spraying, fertilizing and treating the plantings for disease and injury; the furnishing of water for irrigation and electricity for lighting, the irrigation system and the clock; steam cleaning the sidewalks; painting the benches and other improvements; replacing trash can liners and receptacles; and repairing the lighting and irrigation system, With the exception of sidewalk steam cleaning, all other work has been done by City staff. The "Enhanced Service" Option includes both the "as is" services and the additional enhancements shown on Table 2, These enhancements include seasonal plantings, additional labor for cleanup and litter control, additional painting of street lights and planters, additional signage, a contract with an electrician for maintenance of accent lighting, streetlamp lens replacement, replacement of concrete litter containers and repair of the trellises, The cost of these enhancements is $75,480, Therefore, the total cost of the Enhanced Service Option is $48,820 + $75,480 = $124,300, Rate and Method of Apportionment An assessment has been calculated annually for the properties included within the District and billed to the property owners on the County tax bill. The method of apportionment of the District's costs to the properties has been reviewed and it was decided that use of parcel area 2 ~ I->";¡'Y ~.-~ would be a reasonable and justifiable method to spread the cost over the parcels to reflect the special benefit received by such parcels from the improvements being maintained, All parcels are classified for commercial land use, Separate tables have been prepared to show how the total annual costs associated with each option would be distributed and assessed to all the parcels in the District. Table 3 shows the breakdown per parcel for the As Is Option, while Table 4 shows the breakdown per parcel for the Enhanced Services Option, The Rate of Assessment for Fiscal Year 1999-2000 is as follows: As Is Option: $0.095223 per square foot (SF) of parcel area Enhanced Services Option: $0.24245 per square foot (SF) of parcel area The rate for the option selected by ballot shall be increased every fiscal year thereafter by the lesser of the annual percentage increase, if any, in the January to January San Diego Metropolitan Area All Urban Consumer Price Index (all items) or the annual percentage increase, if any, in the California Fourth Quarter Per Capita Personal Income as contained in the Governor's budget published every January, These factors are currently being used for the City's other Landscaping and Lighting Districts, Although the Enhanced Services Option shows a reduction in cost of $4,160 after the first year it is not recommended that the total assessment be reduced by this amount because this amount is only 3.3 percent of the total assessment and it is likely that other minor improvements will be requested or required in future years, The Rate of Assessment recalculated for each Fiscal Year will be the maximum rate billable to the property owners, The end of year Operating Fund Balance and the Reserve Fund Requirement will need to be taken into account when detennining the actual billing amounts for the fiscal year, The Reserve Fund is a fund or account that shall be maintained for the District in order to provide necessary cash flow for operation and maintenance during the first six months of the fiscal year, working capital to cover maintenance and repair cost overruns or unanticipated maintenance expenses and funding shortfalls resuIting from delinquencies that may arise in connection with the collection of the assessments. The Reserve Fund Requirement shall be a minimum of 50 percent and a maximum of 100 percent of the Total Budget Amount for the upcoming fiscal year, Should there be insufficient funds available to cover a 50 percent Reserve Fund Requirement, the reserve percent shall be as high as allowable at the Rate of Assessment for the upcoming fiscal year. The amount billable to parcels within the District for each fiscal year will therefore be calculated as follows: (Total Budget Amount) + (Reserve Fund Requirement) - (Operating Fund Balance) = (Total Billable Amount) AND 3 ð /5"',2.? ~ (Total Billable Amount) = Billing Rate; which shall be less than or equal to the (Total number of Acres) Rate of Assessment The billable amounts by parcel for Fiscal Year 1999-2000 are shown in Table 5 for the As Is Option and Table 6 for the Enhanced Services Option, The results are summarized below: Option Total Revenue Needed Reserve Percent BilliIl,~ Rate As Is $12,028 100 $0,0234601 SF Enhanced Services $119,485 65 $0,23305/ SF Since the Billing Rate for each option is less than the Rate of Assessment for the same option, the Billing Rates are permissible. h: \home\engineer\asmtdist\osds\tcengr ,emc 4 .;r /,f....;¡ ? ... / -- Sheet 1 of 2 / B.~~\ -- EXHíÊi1TA ,- ~ '2, 5\ ~/ "I - , 1\.o\ / \ 5G~ _~ \~'- .- ~ \ \ ~ --' 'ß'/!Ÿ""'" '- 1\.o:¡ \ .' løO~\..- / ',/ .- y-::,o.01\.o'ò \ ~ .' - N ~\ \...___--- øO ;' ._____/. \......--~ ~. 1\.()4 \// ....-', \- ~ \ -- ~ ~c '-. ~ 'ß'/!Ÿ""'", 1\.o" \..-/________ / c- 00 ' øO. 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IST.R.ICT BOUNDARY ~\9 ' ~ _.....---------- \ " , , ',....-/ ,"'....\5'l ~ ~ ....--- '.. """ C. ~ >/Í'........... \ ............... .... . '. //------. ,/-/ ~"'2.-\1I '. .-1"\ '. .-",/ .....-- <ßò" \ \" ~ - -- ~ .- ~- ../- \/ ~ I. \,,'2.-\1 I, / ... _ ,,<ßò" , / /- ~\ \ \5'2.-\'ò \ -- -~ ~ ~ \ '~ ~ -- -..- "6' ,...-,~ .. \............ \ \,,'2.-' \ \ ./ ./, / '. <ßò"'~, \ _// .---_/ \,~ ¡~'\~~, \ ..---------- -- - \ fjJg; "0 \ \ - _.- ---"\ '. ....:..2~\ " \ / / \. ~'~'/ ......--/................, n I , / ~ ..'2.,¡)~. / . /'~\~ I ____ ,________ ';;)U" .-// 1// .0.o1I \ - \ '.. '\:a~ \ "...-ê <ßò".o1 ,/' I 0_,,2, \."-~ \' ...,,-" ~ ,...- \ \ \ --~, --- \ yJÞ~ ~~e ...__/'. .'- '- , \ ------ c" 5 \......-- \ ........./ "'( \ ..............' riLE NO, JO-009 DWN :JY: D.M. Wolf e vTOWN CENTRE STREET LIGHTING" & '.. ~~o . ~/~ OAT=:: 5/26/99 LANDSCAPE MAINTENANCE DISTRIC~ .--- / / Sheet 2 Of 2 r:" " // ~ ./--- ~ .------- -- ~ ----- ~1Q-'2.'\ -- ,/ ~6'ò- ____I \ ..---- \ \ , r- \ \____ \ , , " " I , \ " '. \. p.C€'\.. \.. \ , €,D í'1'I :00'J'J~ :,\ <) 1()-'2.'2. ;...\ .L.. ~6'ò-'2. o ~, ~ ~\. ~ \<;,fÞ:::iA-oA .. ~.. c. ' Ö Q-'2.':>\ ~ ~6'ò-'2.1 \ tt\ ~ ~ L- / /.----/~/~ DISTRICT BOUNDARY ~- C€'\..S ~/ '\ \ --"~I í' þ.?' .. , / , :0 O'J'J~€,D~~,~,-- , I I, I C\'~ ! " >-, N ---- ----/---- .----/ / \!'J (>- '-( __/' '? (>-R\Z --/"', W /' ~, E / , ~ " éP -- ,/' 1..'1 ./" '6 /''' . S ---- ~ ,/. .',....-// .---- .---' '. ----, \ ~é \ , , , , , . \ -- , , , , \ ~ \ , , , \ , .. .. ..---;.----- , . . / \ ~ --/ '..,,---- .. ./ FILE NO. OWN 5Y: D. M.Wo/'fe TOWN CENTRE STREET LIGHTING & ., DAI=: : 5 12 6 I 9 9 Jf" ø11ANDSCAPE MAINTENANCE DISTRICT ~ TABLE 1 "AS IS" SERVICES TOWN CENTRE LANDSCAPING AND LIGHTING DISTRICT Professional Services $3,700 Electricity for lighting, irrigation system, clock $5,429 Irrigation water $2,480 Town Gardener salary and benefits $17,975 City administrative costs $7,066 Sidewalk steam cleaning contract $8,100 Certification of backflow preventer devices $120 Other contract services $1,920 Landscaping supplies $600 Other commodities: trash can liners, replacement of trash receptacles $1,250 Public Noticing $180 TOTAL: $48,820 h:\horne\engineer\asrntdist\osds\tetab 1 ,erne /f~ _....._---_.-..-..._- ----- --- TABLE 2 ADDITIONAL ENHANCEMENTS FOR TOWN CENTRE DISTRICT 1, Planters and plantings a, Seasonal4x/yr supplemental "color" plantings $/replant x frequency /yr = $/yr $3,360 x 4 = $13,440.oo/yr b, Paint planters"."""", ",.""",.. . $800 , OO/yr c. Relocationofplanters.................,$2,5oo.00 Ix ongoing cost/yr.,"""""" ,$500,oo/yr d, Replacement of large planters..2/yr.. ..$6,000.00/yr #/yr x $/unit = $/yr 2 x 3,000,00 = $6,OOO,OO/yr SUBTOTAL: $22,740 2, Painting projects a, Supplemental street lights (decorative) .......".,.." ,$2,5oo,oo/yr b, Cobra type street light .................,$1,320,OO/yr SUBTOTAL: $3,820 3, Signage a. Parking signs $40 x 3 = $120 + pole work $200 = $320,00 b. No skateboarding signs 40,00 ea x 8 # = $320,00 fIrst year $160,oo/yr ongoing SUBTOTAL: $640 4, Lighting a, Electrician contract to maintain all accent lighting in trellises and bus stops, includes cost of bulbs and fixtures.............. ,...................... ,$2,5oo.oo/yr b, Decorative streetiamp lens replacement program, Schedule once every three years replacement. costlunit x total # units divided by 3 years = $ I year (installed) $36,19 x 105 = $3,800,00 I 3 = $1,270,OO/yr SUBTOTAL: $3,770 5, Litter containers concrete container replacement schedule #/yr x $Iunit = $/yr 3 x $350,00 = $1,050,OO/yr SUBTOTAL: $1,050 15'.3 ~ --"--"_. 6. Additional staffing requirements a, Additional labor for enhanced planter @ prevailing wage hrs/yr x $/hr = $/YR, 830 hrs/yr x $18,00 = $14,940,OO/yr b, Additional labor for clean up and litter control @ prevailing wage, hrs/yr x $/hr = $/YR 1,250 x $18,00 = $22,500,00 c, Overtime for special events #/events x # hrs x prevailing wage rate x OT factor = $/yr 10 x 4 hrsl event x $18 x l,5(x) = $I,080,OO/yr d, Holiday (double time rate) #/holidays/yr x $/hr x #/hrs/holiday x holiday rate = $/year 5 x $18,00 x 8 hr x 2,0 (x) = $1,440,oo/yr SUBTOTAL: $39,960 7, Trellis Repair and Replacement In 1998 the trellis' were used as platforms for lighted-Christmas decorations and found to be structurally inadequate to support the weight of lighting technicians. # trellises x cost/reinforcement = $ cost of improvement 7 x $500.00 = $3,500,00 ongoing yearly cost: redo 3 each year = 3 x 500 = $1,500,OO/yr. SUBTOTAL: $3,500 TOTAL FIRST YEAR: $75,480 Total Subsequent Years: $71,320 h: \home\engineer\asmtdist\osds\tcenhan1,mem /f;,;J:L~ TABLE 3 TOWN CENTRE LANDSCAPING AND LIGHTING DISTRICT - BUDGET FOR "AS IS" OPTION 568-044-23 300 E Street 90.5 115 10407.5 $991.03 568-044-22 208-12 Third Ave. 50 115 5750 $547.53 568-044-21 214-18 Third Ave. 50 115 5750 $547.53 568-044-20 222 Third Ave. 50 115 5750 $547.53 568-044-19 224 Third Ave. 50 115 5750 $547.53 568-044-18 226 Third Ave. 61.4 115.1 7067,14 $672.95 568-044-17 230 Third Ave, 23 115.2 2649.6 $252.30 568-044-16 232 Third Ave. 50 115.2 5760 $548.48 568-044-1 5 234 Third Ave. 50 115.2 5760 $548.48 568-044-14 236 Third Ave. 50 1152 5760 $548.48 568-044-13 242-44 Third Ave. 45 115.2 5184 $493.64 568-044-12 248 Third Ave. 40 115 4600 $438. 03 568-071-01 201 Third Ave. 100 115.9 11590 $1,103.63 568-071-02 207-09 Third Ave, 50.6 115.9 5864.54 $558.44 568-071-03 215 Third Ave, 50 115.9 5795 $551.82 568-071-04 217 Third Ave, 25 115.9 2897.5 $275.91 568-071-05 221 Third Ave, 65.5 115.9 7591.45 $722.88 568-071-12 225 Third Ave. 46 115.9 5331.4 $507,67 568-071-13 227 Third Ave. 54 115,9 - 6258.6 $595,96 568-071-14 231 Third Ave. 50 115.8 5790 $551,34 568-071-15 239 Third Ave. 48 115.8 5558.4 $529.29 568-071-16 241-45 Third Ave, 66 115.9 7649.4 $728.40 568-071-17 247 Third Ave. 56.2 115.8 6507.96 $619.71 568-152-21 250-56 Third Ave. 75 115 8625 $821.30 568-152-20 258-60 Third Ave. 50 115 5750 $547.53 568-152-19 262 Third Ave. 49.8 115 5727 $545.34 568-152-18 266-68 Third Ave. 54 115 6210 $591.33 568-152-17 270-76 Third Ave. 71.3 115 8199.5 $780.78 568-152-13 278-80 Third Ave. 40.4 115.3 4658.12 $443.56 568-152-16 282-84 Third Ave. 49.7 115.3 5730.41 $545,67 568-152-11 286 Third Ave. 25 115.3 2882.5 $274.48 568-152-10 288 Third Ave, 25 115.3 2882,5 $274.48 568-152-09 290 Third Ave. 50 115.4 5770 $549.44 568-152-08 294-96 Third Ave. 50 115.4 5770 $549.44 568-152-07 298 Third Ave. 25 115.4 2885 $274,72 568-152-06 300 Third Ave, 25 115.4 2885 $274.72 568-161-26 253-57 Third Ave. 60 107.8 6468 $615.90 568-161-03 259 Third Ave. 29.8 107.8 3212.44 $305.90 568-161-04 261 Third Ave. 50 107.8 5390 $513.25 568-161-05 265 Third Ave. 20 107,8 2156 $205.30 568-161-06 267 Third Ave. 30 107.8 3234 $307.95 568-161-07 269 Third Ave, 25.6 107.8 2759.68 $262,79 568-161-37 271 Third Ave. 24.4 107.8 2630,32 $250.47 568-161-36 273 Third Ave. 25 107.8 2695 $256.63 568-161-09 275 Third Ave. 25 107.8 2695 $256,63 568-161-10 279 Third Ave. 50 107.8 5390 $513.25 568-161-11 281-83 Third Ave. 50 107.8 5390 $513.25 568-161-12 285 Third Ave. 50 107.8 5390 $513.25 568-161-13 289 Third Ave. 25 107.8 . 2695 $256.63 568-161-27 291 Third Ave. 25 107.8 2695 $256.63 568-161-28 295 Third Ave. 50 107.8 5390 $513.25 /5/:1;3 4 --- --.......-....--.-.----.---.- 568-161-35 299 Third Ave. 50 107.8 5390 $513.25 568-270-21 310 Third Ave. 57325 $5,458.66 568-270-22 320 Third Ave. 210 152,3 31983 $3,045.52 568-270-23 340 Third Ave. 98 152.3 14925.4 $1,421.24 568-300-46 378-98 Third Ave. 260.4 115.9 30180.36 $2,873.86 568-333-01 301-05 Third Ave. 82.5 107.8 8893.5 $846,87 568-333-02 307 Third Ave. 25 107.8 2695 $256,63 568-333-03 309 Third Ave. 25 107,8 2695 $256.63 568-333-04 311-13 Third Ave. 50 107.8 5390 $513.25 568-333-05 315 Third Ave. 25 107.8 2695 $256.63 568-333-06 317 Third Ave. 25 107.8 2695 $256.63 568-333-07 319 Third Ave. 25 107.8 2695 $256.63 568-333-08 321-23 Third Ave. 32.7 107.8 3525.06 $335.67 568-334-01 325-33 Third Ave. 100 107.8 10780 $1,026.50 568-334-02 335 Third Ave. 25 107.8 2695 $256.63 568-334-03 337 Third Ave. 25 107.8 2695 $256.63 568-334-04 341-47 Third Ave. 100 107.8 10780 $1,026.50 568-351-01 351 Third Ave. 50 107.8 5390 $513.25 568-351-02 353 Third Ave. 28.5 107.8 3072.3 $292,55 568-351-03 355 Third Ave, 4950 $471.35 568-350-39 357-59 Third Ave. 4054 $386.03 568-350-40 365-69 Third Ave. 4805 $457.55 568-350-23 371 Third Ave. 1745 $166,16 568-350-25 373 Third Ave, 55 100 5500 $523,73 568-350-21 385-67 Third Ave. 50 109 5450 $518,97 568-350-20 389-91 Third Ave. 25 100 2500 $238.06 568-350-19 397 Third Ave. 100 100 10000 $952,23 TOTALS 512691.6 $48,820.00 h:\home\bethc\townctra.wb3 JJ,y1 ~ - --.------. -------- --- TABLE 4 TOWN CENTRE LANDSCAPING AND LIGHTING DISTRICT BUDGET FOR ENHANCED SERVICES OPTION Parcel Númber Site Address Frontage Depth Area Assessed Amount 568-044-23 300 E Street 90.5 115 10407.5 $2,523.30 568-044-22 208-12 Third Ave. 50 115 5750 $1,394.09 568-044-21 214-18 Third Ave. 50 115 5750 $1,394.09 568-044-20 222 Third Ave. 50 115 5750 $1,394.09 568-044-19 224 Third Ave. 50 115 5750 $1,394.09 568-044-18 226 Third Ave. 61.4 115.1 7067.14 $1,713.43 568-044-17 230 Third Ave. 23 115.2 2649.6 $642.40 568-044-16 232 Third Ave. 50 115.2 5760 $1,396.51 568-044-15 234 Third Ave. 50 115.2 5760 $1,396.51 568-044-14 236 Third Ave, 50 115.2 5760 $1,396.51 568-044-13 242-44 Third Ave. 45 115.2 5184 $1,256.86 568-044-12 248 Third Ave, 40 115 4600 $1,115.27 568-071-01 201 Third Ave. 100 115.9 11590 $2,810,00 568-071-02 207-09 Third Ave. 50.6 115,9 5864.54 $1,421.86 568-071-03 215 Third Ave, 50 115.9 5795 $1,405,00 568-071-04 217 Third Ave. 25 115,9 2897,5 $702.50 568-071-05 221 Third Ave. 65.5 115,9 7591.45 $1,840.55 568-071-12 225 Third Ave. 46 115.9 5331 .4 $1,292,60 568-071-13 227 Third Ave. 54 115.9 6258.6 $1,517.40 568-071-14 231 Third Ave, 50 115.8 5790 $1 ,403.79 568-071-15 239 Third Ave. 48 115.8 5558.4 $1,347,63 568-071-16 241-45 Third Ave. 66 115.9 7649.4 $1,854.60 568-071-17 247 Third Ave. 56.2 115.8 6507.96 $1,577.85 568-152-21 250-56 Third Ave. 75 115 8625 $2,091.13 568-152-20 258~0 Third Ave, 50 115 5750 $1,394.09 568-152-19 262 Third Ave. 49.8 115 5727 $1,388.51 568-152-18 266~8 Third Ave, 54 115 6210 $1,505,61 568-152-17 270-76 Third Ave, 71.3 115 8199.5 $1,987,97 568-152-13 278-80 Third Ave. 40.4 115.3 4658.12 $1,129.36 568-152-16 282-84 Third Ave. 49.7 115.3 5730.41 $1,389.34 568-152-11 286 Third Ave. 25 115.3 2882,5 $698.86 568-152-10 288 Third Ave. 25 115.3 2882,5 $698.86 568-152-09 290 Third Ave. 50 115.4 5770 $1,398,94 568-152-08 294-96 Third Ave. 50 115.4 5770 $1,398,94 568-152-07 298 Third Ave. 25 115.4 2885 $699.47 568-152-06 300 Third Ave. 25 115.4 2885 $699.47 568-161-26 253-57 Third Ave, 60 107.8 6468 $1,568.17 568-161-03 259 Third Ave. 29.8 107,8 3212.44 $778.86 568-161-04 261 Third Ave. 50 107,8 5390 $1,306.81 568-161-05 265 Third Ave. 20 107.8 2156 $522,72 568-161-06 267 Third Ave. 30 107.8 3234 $784.08 568-161-07 269 Third Ave. 25.6 107.8 2759.68 $669,08 568-161-37 271 Third Ave. 24.4 107,8 2630.32 $637.72 568-161-36 273 Third Ave. 25 107.8 2695 $653.40 568-161-09 275 Third Ave, 25 107.8 2695 $653.40 568-161-10 279 Third Ave. 50 107.8 5390 $1,306.81 568-161-11 281-83 Third Ave. 50 107.8 5390 $1,306.81 568-161-12 285 Third Ave. 50 107.8 5390 $1,306.81 568-161-13 289 Third Ave. 25 107.8 2695 $653.40 568-161-27 291 Third Ave. 25 107.8 2695 $653.40 568-161-28 295 Third Ave. 50 107.8 5390 $1,306.81 568-161-35 299 Third Ave. 50 107.8 5390 $1,306.81 /,>";1Ç~ - - -.----- 568-270-21 310 Third Ave. 57325 $13,898.45 568-270-22 320 Third Ave. 210 152.3 31983 $7,754.28 568-270-23 340 Third Ave. 98 152.3 14925.4 $3,618.66 568-300-46 378-98 Third Ave. 260.4 115.9 30180.36 $7,317.23 568-333-01 301-05 Third Ave. 82,5 107.8 8893.5 $2,156.23 568-333-02 307 Third Ave, 25 107.8 2695 $653.40 568-333-03 309 Third Ave. 25 107.8 2695 $653.40 568-333-04 311-13 Third Ave. 50 107.8 5390 $1,306.81 568-333-05 315 Third Ave. 25 107.8 2695 $653.40 568-333-06 317 Third Ave. 25 107.8 2695 $653.40 568-333-07 319 Third Ave. 25 107.8 2695 $653.40 568-333-08 321-23 Third Ave. 32.7 107.8 3525.06 $854.65 568-334-01 325-33 Third Ave. 100 107,8 10780 $2,613,61 568-334-02 335 Third Ave. 25 107.8 2695 $653.40 568-334-03 337 Third Ave. 25 107.8 2695 $653.40 568-334-04 341-47 Third Ave. 100 107.8 10780 $2,613.61 568-351-01 351 Third Ave. 50 107.8 5390 $1,306,81 568-351-02 353 Third Ave. 28,5 107.8 3072.3 $744.88 568-351-03 355 Third Ave, 4950 $1,200.13 568-350-39 357-59 Third Ave. 4054 $982.89 568-350-40 365-69 Third Ave. 4805 $1,164.97 568-350-23 371 Third Ave. 1745 $423.08 568-350-25 373 Third Ave, 55 100 5500 $1,333.48 568-350-21 385-87 Third Ave. 50 109 5450 $1,321,35 568-350-20 389-91 Third Ave, 25 100 2500 $606,13 568-350-19 397 Third Ave. 100 100 10000 $2,424,50 TOTALS 512691.6 $124,300.00 h:\home\bethc\townctr2a. wb3 IS/]¡,4 - --_._~- TABLE 5 TOWN CENTRE LANDSCAPING AND LIGHTING DISTRICT BILLING FOR "AS IS" OPTION CONSIDERING RESERVES Parcel Number Site Address Frontage Depth Area Assessed Amount 568-044-23 300 E Street 90,5 115 10407.5 $244.16 568-044-22 208-12 Third Ave. 50 115 5750 $134.90 568-044-21 214-18 Third Ave. 50 115 5750 $134.90 568-044-20 222 Third Ave. 50 115 5750 $134.90 568-044-19 224 Third Ave. 50 115 5750 $134.90 568-044-18 226 Third Ave. 61.4 115.1 7067.14 $165.80 568-044-17 230 Third Ave. 23 115.2 2649.6 $62,16 568-044-16 232 Third Ave. 50 115.2 5760 $135.13 568-044-15 234 Third Ave. 50 115.2 5760 $135.13 568-044-14 236 Third Ave. 50 115.2 5760 $135.13 568-044-13 242-44 Third Ave. 45 115.2 5184 $121.62 568-044-12 248 Third Ave. 40 115 4600 $107.92 568-071-01 201 Third Ave. 100 115.9 11590 $271.90 568-071-02 207-09 Third Ave. 50.6 115.9 5864.54 $137.58 568-071-03 215 Third Ave, 50 115.9 5795 $135.95 568-071-04 217 Third Ave. 25 115.9 2897.5 $67.98 568-071-05 221 Third Ave. 65.5 115.9 7591.45 $178.10 568-071-12 225 Third Ave. 46 115.9 5331.4 $125.07 568-071-13 227 Third Ave. 54 115.9 6258.6 $146,83 568-071-14 231 Third Ave. 50 115,8 5790 $135,83 568-071-15 239 Third Ave. 48 115.8 5558.4 $130.40 568-071-16 241-45 Third Ave. 66 115.9 7649.4 $179.45 568-071-17 247 Third Ave, 56.2 115.8 6507.96 $152,68 568-152-21 250-56 Third Ave, 75 115 8625 $202.34 568-152-20 258-<50 Third Ave, 50 115 5750 $134,90 568-152-19 262 Third Ave. 49.8 115 5727 $134,36 568-152-18 266-<58 Third Ave, 54 115 6210 $145,69 568-152-17 270-76 Third Ave. 71.3 115 8199.5 $192,36 568-152-13 278-80 Third Ave. 40.4 115.3 4658.12 $109.28 568-152-16 282-84 Third Ave, 49,7 115.3 5730.41 $134,44 568-152-11 286 Third Ave. 25 115.3 2882,5 $67.62 568-152-10 288 Third Ave, 25 115.3 2882,5 $67,62 568-152-09 290 Third Ave. 50 115.4 5770 $135.36 568-152-08 294-96 Third Ave. 50 115.4 5770 $135.36 568-152-07 298 Third Ave, 25 115.4 2885 $67.68 568-152-06 300 Third Ave. 25 115.4 2885 $67.68 568-161-26 253-57 Third Ave. 60 107.8 6468 $151,74 568-161-03 259 Third Ave. 29.8 107.8 3212.44 $75.36 568-161-04 261 Third Ave. 50 107.8 5390 $126.45 568-161-05 265 Third Ave. 20 107.8 2156 $50.58 568-161-06 267 Third Ave. 30 107.8 3234 $75.87 568-161-07 269 Third Ave, 25.6 107,8 2759.68 $64.74 568-161-37 271 Third Ave. 24.4 107.8 2630,32 $61.71 568-161-36 273 Third Ave. 25 107.8 2695 $63.22 568-161-09 275 Third Ave. 25 107.8 2695 $63.22 568-161-10 279 Third Ave. 50 107.8 5390 $126.45 568-161-11 281-83 Third Ave. 50 107,8 5390 $126.45 568-161-12 285 Third Ave. 50 107.8 5390 $126.45 568-161-13 289 Third Ave. 25 107.8 2695 $63.22 /5" J~ ~--- --"--_._- 568-161-27 291 Third Ave. 25 107.8 2695 $63.22 568-161-28 295 Third Ave. 50 107.8 5390 $126.45 568-161-35 299 Third Ave. 50 107.8 5390 $126.45 568-270-21 310 Third Ave. 57325 $1,344.84 568-270-22 320 Third Ave. 210 152.3 31983 $750.32 568-270-23 340 Third Ave. 98 152.3 14925.4 $350.15 568-300-46 378-98 Third Ave. 260.4 115.9 30180.36 $708.03 568-333-01 301:05 Third Ave. 82.5 107.8 8893.5 $208.64 568-333-02 307 Third Ave. 25 107.8 2695 $63.22 568-333-03 309 Third Ave. 25 107.8 2695 $63.22 568-333-04 311-13 Third Ave. 50 107.8 5390 $126.45 568-333-05 315 Third Ave, 25 107.8 2695 $63.22 568-333-06 317 Third Ave, 25 107.8 2695 $63.22 568-333-07 319 Third Ave. 25 107.8 2695 $63.22 568-333-08 321-23 Third Ave. 32.7 107.8 3525.06 $82.70 568-334-01 325-33 Third Ave. 100 107.8 10780 $252.90 568-334-02 335 Third Ave. 25 107.8 2695 $63.22 568-334-03 337 Third Ave. 25 107.8 2695 $63.22 568-334-04 341-47 Third Ave. 100 107.8 10780 $252.90 568-351-01 351 Third Ave. 50 107.8 5390 $126.45 568-351-02 353 Third Ave. 28.5 107.8 3072.3 $72.08 568-351-03 355 Third Ave, 4950 $116,13 568-350-39 357-59 Third Ave, 4054 $95.11 568-350-40 365-69 Third Ave, 4805 $112,73 568-350-23 371 Third Ave. 1745 $40.94 568-350-25 373 Third Ave. 55 100 5500 $129.03 568-350-21 385-87 Third Ave. 50 109 5450 $127,86 568-350-20 389-91 Third Ave. 25 100 2500 $58,65 568-350-19 397 Third Ave. 100 100 10000 $234,60 TOTALS 512691.6 $12,028.00 h:lhomelbethcltownctr1 a,wb3 /ý.Jr21' TABLE 6 TOWN CENTRE LANDSCAPING AND LIGHTING DISTRICT BilLING FOR ENHANCED SERVICES CONSIDERING RESERVES Parcel Number Site Address Frontage Depth Area Assessed Amount 568-044-23 300 E Street 90.5 115 10407.5 $2,425.47 568-044-22 208-12 Third Ave. 50 115 5750 $1,340.04 568-044-21 214-18 Third Ave. 50 115 5750 $1,340.04 568-044-20 222 Third Ave. 50 115 5750 $1,340.04 568-044-19 224 Third Ave. 50 115 5750 $1,340.04 568-044-18 226 Third Ave. 61.4 115.1 7067.14 $1,647.00 568-044-17 230 Third Ave. 23 115.2 2649.6 $617.49 568-044-16 232 Third Ave. 50 115.2 5760 $1,342.37 568-044-15 234 Third Ave. 50 115.2 5760 $1,342,37 568-044-14 236 Third Ave. 50 115.2 5760 $1,342,37 568-044-13 242-44 Third Ave. 45 115.2 5184 $1,208.13 568-044-12 248 Third Ave. 40 115 4600 $1,072.03 568-071-01 201 Third Ave. 100 115.9 11590 $2,701.05 568-071-02 207-09 Third Ave. 50.6 115.9 5864.54 $1,366.73 568-071-03 215 Third Ave, 50 115,9 5795 $1,350.52 568-071-04 217 Third Ave. 25 115.9 _ 2897,5 $675.26 568-071-05 221 Third Ave. 65,5 115.9 7591.45 $1,769.19 568-071-12 225 Third Ave, 46 115,9 5331.4 $1,242.48 568-071-13 227 Third Ave. 54 115.9 6258.6 $1,458.57 568-071-14 231 Third Ave. 50 115.8 5790 $1,349,36 568-071-15 239 Third Ave, 48 115.8 5558.4 $1,295,39 568-071-16 241-45 Third Ave. 66 115.9 7649.4 $1,782,69 568-071-17 247 Third Ave. 56.2 115.8 6507.96 $1,516.68 568-152-21 250-56 Third Ave. 75 115 8625 $2,010.06 568-152-20 258-60 Third Ave. 50 115 5750 $1,340.04 568-152-19 262 Third Ave. 49,8 115 5727 $1,334.68 568-152-18 266-68 Third Ave. 54 115 6210 $1,447.24 568-152-17 270-76 Third Ave. 71.3 115 8199.5 $1,910.89 568-152-13 278-80 Third Ave, 40.4 115.3 4658.12 $1,085,57 568-152-16 282-84 Third Ave. 49.7 115.3 5730.41 $1,335.47 568-152-11 286 Third Ave, 25 115.3 2882.5 $671,77 568-152-10 288 Third Ave, 25 115.3 2882,5 $671.77 568-152-09 290 Third Ave. 50 115.4 5770 $1,344,70 568-152-08 294-96 Third Ave. 50 115.4 5770 $1,344.70 568-152-07 298 Third Ave. 25 115.4 2885 $672.35 568-152-06 300 Third Ave, 25 115.4 2885 $672,35 568-161-26 253-57 Third Ave. 60 107.8 6468 $1,507.37 568-161-03 259 Third Ave. 29.8 107.8 3212.44 $748.66 568-161-04 261 Third Ave. 50 107.8 5390 $1,256,14 568-161-05 265 Third Ave. 20 107.8 2156 $502.46 568-161-06 267 Third Ave. 30 107.8 3234 $753,68 568-161-07 269 Third Ave, 25.6 107.8 2759.68 $643.14 568-161-37 271 Third Ave. 24.4 107.8 2630.32 $613.00 568-161-36 273 Third Ave, 25 107,8 2695 $628,07 568-161-09 275 Third Ave. 25 107.8 2695 $628.07 568-161-10 279 Third Ave. 50 107.8 5390 $1,256.14 568-161-11 281-83 Third Ave. 50 107.8 5390 $1,256.14 568-161-12 285 Third Ave, 50 107.8 5390 $1,256.14 568-161-13 289 Third Ave. 25 107.8 2695 $628.07 15'Jí3cT - -"-----.------.-- -- -.- 568-161-27 291 Third Ave. 25 107.8 2695 $628,07 568-161-28 295 Third Ave. 50 107.8 5390 $1,256.14 568-161-35 299 Third Ave. 50 107,8 5390 $1,256.14 568-270-21 310 Third Ave. 57325 $13,359.59 568-270-22 320 Third Ave. 210 152,3 31983 $7,453.64 568-270-23 340 Third Ave. 98 152.3 14925.4 $3,478.36 568-300-46 378-98 Third Ave. 260.4 115.9 30180.36 $7,033.53 568-333-01 301-05 Third Ave. 82.5 107.8 8893.5 $2,072.63 568-333-02 307 Third Ave, 25 107.8 2695 $628.07 568-333-03 309 Third Ave. 25 107.8 2695 $628.07 568-333-04 311-13 Third Ave. 50 107.8 5390 $1,256.14 568-333-05 315 Third Ave, 25 107.8 2695 $628.07 568-333-06 317 Third Ave. 25 107.8 2695 $628.07 568-333-07 319 Third Ave. 25 107.8 2695 $628.07 568-333-08 321-23 Third Ave. 32.7 107.8 3525.06 $821.52 568-334-01 325-33 Third Ave. 100 107.8 10780 $2,512.28 568-334-02 335 Third Ave. 25 107.8 2695 $628,07 568-334-03 337 Third Ave. 25 107.8 2695 $628.07 568-334-04 341-47 Third Ave. 100 107.8 10780 $2,512.28 568-351-01 351 Third Ave. 50 107.8 5390 $1,256.14 568-351-02 353 Third Ave. 28,5 107.8 _ 3072.3 $716,00 568-351-03 355 Third Ave, 4950 $1,153.60 568-350-39 357-59 Third Ave, 4054 $944,78 568-350-40 365-69 Third Ave. 4805 $1,119.81 568-350-23 371 Third Ave, 1745 $406,67 568-350-25 373 Third Ave. 55 100 5500 $1,281,78 568-350-21 385-87 Third Ave. 50 109 5450 $1,270.12 568-350-20 389-91 Third Ave. 25 100 2500 $582.63 568-350-19 397 Third Ave. 100 100 10000 $2,330.50 TOTALS 512691.6 $119,483,00 h:\home\bethc\townctr3a,wb3 /...s,¿¡ tJ ¿;j -------- ~. COUNCIL AGENDA STATEMENT Item /~ Meeting Date 6/8/99 ITEM TITLE: Resolution / 9'1 J> tl Transferring funds for the purchase of scanninglprinting equipment to replace the City's blueprint machine SUBMITTED BY: Di,œffi< of "'b1ie Wo<!" ~ REVIEWED BY: City Manage~~ ~\ (4/5ths Vote: Yes_No.x..) The City's blueprint machine, which is used to make copies of original mylar plans, is out of operation and is no longer repairable. The blueprint machine is used on a daily basis by City staff, primarily in engineering and planning, to make copies of original development and construction plans for internal use and for the public. The City Manager's office authorized staff to solicit bids for the replacement of this blueprinter with more modernized equipment that could not only make copies, but could also scan documents for storage in a digital format on the City's computer network. The Purchasing Agent sent out a Request for Quotations and is ready to award the contract. Funds of $14,684,71 are available in the Records Management CIP; the remaining $20,980,54 which is the City share, must be transferred, RECOMMENDATION: That Council adopt the resolution transferring $20,980,54 for the purchase of a scanner/copier system from savings in the Engineering Land Development Salaries and Wages account. BOARDS/COMMISSIONS RECOMMENDATION: Not applicable, DISCUSSION: The Purchasing Agent mailed Requests for Quotations to reputable manufacturers of scannerlprinter equipment, and received good bids. In order to award the contract, funds of $20,980,54 must be transferred to a capital equipment account. The Council's budget transfer policy calls for Council approval of transfers exceeding $15,000, Savings are available in the Land Development Salaries and Wages account, due to vacancies and the budgeting of full-year salaries for positions which were approved and filled mid-year. FISCAL IMPACT: The scanner/copier cost is $35,665.25. The Records Management Public Facilities DIP CIP project will fund $14,684.71 of the cost. The City share of$20,980.54 needs to be transferred from savings in the Salaries and Wages account in the Engineering Land Development operating budget. H:\HOME\ENGINEER\AGENDA \SCANNER.SMS I¿ -/ - RESOLUTION NO. /~?I~¿/ RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA TRANSFERRING FUNDS FOR THE PURCHASE OF SCANNING/PRINTING EQUIPMENT TO REPLACE THE CITY'S BLUEPRINT MACHINE WHEREAS, the City's blueprint machine, which is used to make copies of original mylar plans, is out of operation and is no longer repairable; and WHEREAS, the blueprint machine is used on a daily basis by City staff, primarily in engineering and planning, to make copies of original development and construction plans for internal use and for the public; and WHEREAS, the City Manager's office authorized staff to solicit bids for the replacement of this blueprinter with more modernized equipment that could not only make copies, but could also scan documents for storage in a digital format on the City's computer; and WHEREAS, the Purchasing Agent sent out a Request for Quotations and is ready to award the contract; and WHEREAS, the scanner/copier cost is $35,665,25 and funds in the amount of $14,686,71 are available in the Records Management Public Facilities DIF CIP Project and the remaining $20,980.54, which is the city share, must be transferred from salary savings. NOW, THEREFORE, BE IT RESOLVED the city Council of the City of Chula vista does hereby transfer $20,980.54 for the purchase of a scanner/copier system from savings in the Engineering Land Development Salaries and Wages account. Presented by Approved as to form by Ov-~ John p, Lippitt, Director of John M. Kaheny, city Attorney Public Works H:\home\attorney\reso\acanner I~ -.2- _ ________.. "H"_·~_··__ COUNCIL AGENDA STATEMENT tem .-l2 Meeting Date 06/08/99 ITEM TITLE: Resolution /111/ Approving the addition of 2,0 FTE Seasonal Gardener positions for the maintenance of Voyager Park SUBMITTED BY: Director of Public work0 Voyager Park, an 11-acre neighborhood park in Rancho del Rey, was developed by McMillin Companies to meet the requirements of the City's Park Dedication Ordinance. The developer has completed the maintenance period to the Division's satisfaction and officially turned over the park to the City on April 1 , 1999. Sufficient funds are remaining in the Department's budget to cover the maintenance costs through June 30, 1999. However, Council's approval is needed to hire additional staff. RECOMMENDATION: That Council approve the addition of 2.0 FTE Seasonal Gardener positions in the Park Maintenance budget. BOARDS/COMMISSIONS RECOMMENDATION: Not applicable. DISCUSSION: The Park Maintenance Section of Public Works/Operations is currently responsible for the maintenance of approximately 380 acres of parklands and other landscaped areas in the City. Since 1994, the Section has lost two FTE Gardeners and 1.25 FTE Seasonal Gardeners due to budget reductions. During this same period, the Section assumed the landscape responsibility in the following park areas: PARK ACREAGE · Voyager 11.0 · Chula Vista Community 12.8 · Explorer 6.5 · Terra Nova addition 2,0 · South Chula Vista Library 3.0 · Broadway and Palomar Avenue Median 1.6 · Otay Valley Road Median & Parkways .5 · Auto Park slopes .5 TOTAL ACRES 37.95 , Prior to FY 91-92, the park acreage to staff ratio was one staff to nine acres. Since that time the ratio has increased to one staff to 13 acres. Fortunately, the City has provided excellent equipment that enables staff to do more, and be more efficient in landscape maintenance tasks. However, as a result of the staff cutbacks and increases in park acreage, maintenance of the parks has suffered. Repairs to irrigation systems, playgrounds, ball field maintenance, and other park amenities maintenance are done on a reactive basis instead of on a planned schedule. As noted in the proposed FY 1999-00 budget, one of the policy issues that Council will be addressing is the current and future maintenance of City parks. Staff will be bringing forward a 17--/ ------- ----------_......--- Page 2, Item 17 Meeting Date 06/08/99 report to Council in September or October regarding staffing and other park maintenance recommendations. Until that time, staff recommends that no additional full-time employees be added. However, staff does recommend that two seasonal gardeners be hired from mid-June through mid-October to help with maintenance of Voyager Park and other parks during the busy warm-weather months, and until park staffing issues are addressed. Sufficient savings are available to pay these costs and any maintenance costs through June 1999. An appropriation of funds for on-going maintenance of this park in the next fiscal year will be included in the budget cleanup presented at the June 22, 1999 Council meeting. Listed below is the cost breakdown for maintenance of the park for April through June 1999 and FY 1999-00. Estimated Maintenance Costs to be Incurred thru 6/30/99 2.0 FTE Seasonal Gardeners $2,840 Utilities (gas and electric) 1,000 Utilities (water) 6,000 Landscape Supplies 150 Janitorial Supplies 120 Telephone 105 Small Tools 85 Materials to Maintain Buildings 200 Uniforms and Safety Boots 290 TOTAL $10,790 Proposed BudQet for VoyaQer Park (FY 1999-001 2.0 FTE Seasonal Gardeners (July through mid-October) $14,200 Utilities (gas and electric) 4,000 Utilities (water) 21,311 Landscape Supplies 1,985 Janitorial Supplies 500 Telephone 420 Small Tools 85 Materials to Maintain Buildings 1,595 Uniforms and Safety Boots 289 Gopher Control 1,500 Small Equipment (blowers, edgers) 3,665 . TOTAL $49,550 FISCAL IMPACT: Maintenance cost for the final quarter of FY 98-99 would be $10,790, funded by savings in the Department's budget. The proposed operating cost for Voyager Park for FY 1999-00 is estimated to be $49,550, which will be in included in the FY 1999-00 budget cleanup, to be considered by Council on June 22, 1999. A more detailed report on permanent staffing of Voyager Park and all City parks and landscaped areas will be forthcoming in September or October 1999. C:\My Documents\113\Voyager Park Maintenance.doc / ') , .;J- ".---... -- RESOLUTION NO, /f'i9/ RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE ADDITION OF 2,0 FTE SEASONAL GARDENER POSITIONS FOR THE MAINTENANCE OF VOYAGER PARK WHEREAS, Voyager Park, an ll-acre neighborhood park in Rancho del Rey, was developed by McMillin Companies to meet the requirements of the City's Park Dedication Ordinance; and WHEREAS, the developer has completed the maintenance period to the Division's satisfaction and officially turned over the park to the city on April 1, 1999; and WHEREAS, sufficient funds are remaining in the budget to cover the maintenance costs through June 30, 1999, however, Council approval is needed to hire additional staff, NOW, THEREFORE, BE IT RESOLVED the city Council of the City of Chula vista does hereby approve the addition of 2.0 FTE Seasonal Gardener positions for the maintenance of voyager Park. Presented by Approved as to form by John p, Lippitt, Director of orney Public Works H:\home\attorney\reso\voyager.gar /'l-J - ----.---.--.------..-.-.-------- -"-'-'~--"'-- ".-- COUNCIL AGENDA STATEMENT Item /~ Meeting Date 6/8/99 ITEM TITLE: Public Hearing to consider the modification of the existing Transportation Development Impact Fee SUBMITTED BY: Dice",", of Pobl" Woc", ~ REVIEWED BY: City Manage~ ~ .--. (4/5ths Vote: Yes_No X) It is recommended that this public hearing be continued to the June 22, 1999, H :\HOME\ENGlNEER\AGENDA \TDlF. LOT FILE NO.' HY09I If'i --- -_._^---~-_._._-- ._._.".,_.._~.." COUNCIL AGENDA STATEMENT Item-.l!i Meeting Date 6/08/99 ITEM TITLE: Public Hearing on consideration of an increase in sewer service charges Resolution j" '17 ,).APproving an increase in sewer service charges by 6% per year for each of the next three years, and approving an amendment to the Master Fee Schedule on sewer service charges, and transfer of $3,0 million over a three year period from Fund 222 into Fund 225 SUBMITfED BY' D;,,"'" of P,hlk Wo,k, ~ REVIEWED BY: City Manag~~ ---. (4/5ths Vote: Yes_No!.) On April 20, 1999, Council approved Resol on 19443 declaring City's intention to increase sewer service charges and setting a Public Hearing on consideration of an increase in sewer service charges for June 8, 1999, The City of Chula Vista's last sewer service rate increase was approved on August 5, 1997. Ammal expenditures have increased from $13,65 million in Fiscal Year 1997-98 to an estimated $14,29 million in Fiscal Year 1998-99, Expenditures are projected to exceed revenues by a total of approximately $3,57 million between Fiscal Years 1999-00 and 2001-02, In order to continue to meet expenses related to the construction and operation of the sewage transportation and treatment systems, the sewer service rates must be increased. RECOMMENDATION: That Council hold the public hearing and approve the resolution increasing the sewer service charge by 6% per year for each of the next three years, and approving an amendment to the Master Fee Schedule on sewer service charges, and directing the City Manager to include in the proposed budget a transfer of $3.0 million from Fund 222 into Fund 225 over the next three years, BOARDS/COMMISSIONS RECOMMENDATION: Not applicable. DISCUSSION: We have recently been apprised by the City of San Diego Metropolitan Wastewater Department that the costs for sewage treatment and disposal will be increasing due to the City of San Diego Metropolitan Wastewater Department's proposal to increase their revenues by 5 % per year to finance continued upgrade and expansion of the wastewater system which is required to comply with federal and state mandates including the Clean Water Act, the Ocean Pollution Reduction Ac t (OPRA), the State Ocean Plan and federal court orders, /7'" / - Page 2, Item /1 Meeting Date 6/08/99 Historical Revenues and Expenditures The charges paid to other agencies for regional sewage transportation, treatment and disposal (City of San Diego Metropolitan Wastewater Department and the County's Spring Valley Sanitation District) increased from $4.6 million in Fiscal Year 1991-92 to $14,29 million in Fiscal Year 1998-99. These charges are now approximately 86 percent of the total budget of Fund 225 . The increases are even more dramatic when compared to the total of $521,772 paid to the City of San Diego for capacity and maintenance and operation (M & 0) costs for Fiscal Year 1989-90, the year before extensive Clean Water Program costs began to be incurred. Revenues for Fiscal Years 1991-92 through 1998-99 are shown on Attachment L The last sewer service charge increase, from $16.00 to $18.30 per single family home, was adopted in August 1997 in order to cover anticipated expenses at that time. The other increase in revenue over the past eight years has been largely due to the increase in development during this period and the work of Engineering Division staff in obtaining additional revenue by uncovering properties receiving sewer service which had not previously been billed for this service, Three Year Proiections of Expenditures A projection of sewer system expenditures for Fiscal Years 1999-00 through 2001-02 is shown on Attachment 2. The City of San Diego provided an estimated overall charge per million gallons of sewage for Fiscal Years 1998-99 through 2001-02, This was multiplied times the estimated wastewater discharge for these years, Chula Vista flow includes both flow discharged directly to the San Diego Metro system and flow initially discharged to the Spring Valley Outfall. The flow takes into account wastewater quality as well as quantity, Based on the historic wastewater flow records for Fiscal Years 1991-92 through 1998-99, it is anticipated that flow directly into the Metro system will increase by at least L 5 percent per year, while flow which discharges into the regional system through the Spring Valley Outfall Sewer should increase by at least 5.0 percent per year. As shown on Attachment 2, it is anticipated that expenditures will increase substantially during Fiscal Years 1999-00,2000-2001, and 2001-02, Expenditures for the next several years after that are expected to increase slowly based primarily on increases in sewage flow and inflation, since construction of the major Clean Water Program projects should be completed by the end of Fisca I Year 2001-02. Costs are not expected to decrease in the foreseeable future because the Clean Water Program has been financed through the issuance of bonds with minimum terms of 20 years, Revenue Sources In order to meet these expenses, staff investigated the following revenue sources: 1'/'2- - Page 3, Item /1 Meeting Date 6/08/99 1. Reserves in Fund 225 2. Transfers from other funds 3. Increase in sewer service charges In order to determine the amount of reserve funds available, the anticipated revenues and expenditures for Fiscal Year 1998-99 through Fiscal Year 2001-02 were added to the fund balance on July 1, 1998 as shown below: Balance in Fund 225 as of 7/1/98 $10,726,372 Est. FY1998-99 thru FY2001-02 Revenue $55,036,000 Est. FY1998-99 thru FY2001-02 Expenditures ($69,334,797) Est. Balance as of 7/1/02 ($3,572,425) The reserve will be significantly in a deficit by the end of Fiscal Year 2001-02 if additional revenue is not obtained. If Metro rates are higher than projected it is possible that enough money will not be available to pay these costs. The reserve in Fund 225 can therefore no longer be use d to cover revenue shortfalls, Fund 222, the Trunk Sewer Capital Reserve Fund, is projected to have a fund balance of $14 million as of June 30, 1999, Revenues from sewer capacity charges are deposited into this fund. As stated in Section 3.14,010 of the Municipal Code, these funds shall only be used, "for the planning, design, or construction of sewage collection or treatment or water reclamation purposes." Funds deposited in Fund 222 will need to be used within the next five years in order to construct the Salt Creek sewage trunk line along the southern border of Chula Vista which will provide sufficient sewer capacity to accollllIlodate the major deve lopments in the eastern areas of the City, such as Eastlake, Otay Ranch, Rolling Hills Ranch, the Olympic Training Center and Sunbow II, Portions of these developments are currently being temporarily pumped into the Telegraph Canyon trunk sewer; however, there will not be enough capacity to accollllIlodate these flows in the near future, The cost of this trunk line is estimated to be $20,0 million, however, only $12,0 million will be covered by fund 222, Transferring $3,0 million over the next three fiscal years ($1, ° million per year) from this fund into Fund 225 should not affect the financing of the Salt Creek sewer facility, The use of Fund 222 to pay for a portion of the future debt service for construction of Clean Water Program Capital Improvement Projects will depend on the amount of annual revenue, the amount of annual debt service payable to San Diego and the actual cost of the regional sewerage facilities, Since the non-interest revenue is dependent on the amount of new development, it can fluctuate from year to year. A review of revenues in this account from Fiscal Year 1991-92 /~'-J ---~ - --~--_._._- Page 4, Item Ie¡ Meeting Date 6/08/99 indicates that revenues have fluctuated between $1.8 and $2,3 million per year with the exception of Fiscal Year 1992-93, when annual revenues were only $964,154. Previous calculations indicate that the future development portion of Clean Water Program CIP projects will likely be at least $1.0 million per year, It therefore seems reasonable to project future transfers from Fund 222 to Fund 225 at $1.0 million per year. Revenue Proiections Based on the fund transfers discussed above, revenue projections were prepared for the next three years, It was assumed that monies which could not be obtained from other funds, interest and miscellaneous revenue such as industrial waste permit fees would need to be obtained from sewer service charges. It was also assumed that a minimum reserve of 20 percent of expenses would need to be maintained, since revenues from the Montgomery area collected on the tax bills are generally not received by the City until December at the earliest, and revenues collected by the Otay Water District are received by the City two to three months after they are collected. The number of Equivalent Dwelling Units (EDUs) per year was projected based on the anticipated increase in flows into the Spring Valley trunk sewer and Metro system, Based on the prior years' history, this increase is anticipated to be about 2.3 percent per year. By comparing historical flows to revenues and reviewing prior studies, it was estimated that one EDU would be equal to approximately 220 gallons per day of flow. Since the vast majority of sewer service revenues are from single family or multiple family residences (more than 90 percent in the Otay Water District service area), and since the rate for both categories is the same per ED U, it was considered appropriate to use the residential rate in the analysis. Alternative one presents the sewer service rates which would be needed to pay for expenses and maintain the reserve as discussed above, Due to the fund transfers, it woul d be possible to avoid enacting a rate increase for Fiscal 1999-00, However, this would mean that an increase of approximately $4,95 per month will be required in Fiscal Year 2001-02. The total single family sewer service charge would be increased from $18.30 to $23,25 per month, Due to the problems caused by a sudden high increase of this magnitude, a second alternative wa s prepared (Attachment 3). This involved increasing the revenue to Fund 225 from the sewer service charges by 18 percent over the next three fiscal years (6% per year), Alternative two is recommended, since three increases of 6 percent per time should be easier for customers to budget for than one large increase, Additionally, the overall rate after three years is lower under Alternative two, Neither alternative includes an increase of the sewer replacement nor storm drain fees, which is each $0,70 per EDU for all years considered, The storm drain rate may be reevaluated at a later date. In evaluating the appropriateness of a rate increase, we reviewed the current rates of other sewer agencies in San Diego County (Attachment 4), Out of the twelve Metro agencies surveyed, Chula /?"vt - -------~~_._-,- Page 5, Item /q Meeting Date 6/08/99 Vista has the third lowest rate and is well below the average Metro rate for single family homes, Even with the rate increase to $19,36 in Fiscal Year 1999-00 for the sewer portion of the bill, Chula Vista would still have the third lowest rate of the Metro agencies based on the previous year's schedule. Therefore, the rate increase appears to be reasonable, The City of San Diego has already raised the rates by 5 % per year for the next three years, ProDOsed Sewer Rates The proposed sewer service rates for all categories are shown below. In order to be equitable and comply with State Guidelines for setting sewer rates, all rates will be increased by the same percentage. The rate charged to Chula Vista sewer users is based on a proportionate cost of operation, maintenance, and capital costs incurred by the City of San Diego in operating the "Metro Sewer System" as well as the cost to administer, operate and maintain the local sewer system in Chula Vista, The following is the proposed sewer rate schedule, including the storm drain fee, for Fiscal Years 1999-00 through 2001-02: Monthly Monthly Monthly Monthly Use Type Current Proposed Proposed Proposed Chame FY 99/00 FY 00/01 FY 01/02 Single Family Home $19.00 $20.06 $21.18 $22.37 Low Income (SFD) $13.51 $14.24 $15.01 $15.83 Multiple Family $1.90/HCF $2.01/HCF $2. 12/HCF $2.24/HCF Commercial/Industrial · Low strength $1.74/HCF $1.84/HCF $1.94/HCF $2.05/HCF · Med. strength $2. 13/HCF $2.25/HCF $2.38/HCF $2.52/HCF · High strength $2.85/HCF $3.01/HCF $3.18/HCF $3.36/HCF Note: HCF ~ 100 Cubic Feet of water used During the week of April 20, 1999, Engineering Staff mailed notices to all properties within the City. A copy of the notice is forwarded as Attachment 5. A total of 41,553 notices were mailed, The following is a summary of the responses Engineering Staffreceived to the notices: L Telephone calls received totaled 134 1. 32 calls were from people who received the notice but were outside the City boundary, 2, Approximately 48 calls were from people requesting low-income applications. 3. 54 calls had complaints or questions regarding the proposed rate increase, /,,--5 -----........- Page 6, Item /0 Meeting Date 6/08/99 a, Most of the telephone calls we received from customers who thought the City was increasing the sewer rates to finance development in the eastern territory. b. Other callers felt that they pay enough taxes to cover the cost for sewage treatment and sewer rehabilitation costs, II. We received ten letters reouesting clarification or submitting comments: 1. Five letters protested the increase, 2. One letter requested a copy of the GMOC Report, 3, One letter indicated that the City was increasing the sewer fees to finance construction in the eastern territory, 4. One letter requested that the City commence charging customers for sewer service based on water usage and discard using a flat rate for single family dwelling homes, 5. Two letters were from property managers of two apartment complexes requesting a 3% increase per year over six years, instead of a 6% increase per year over three years. III Staff response to above comments 3, None of the funds collected from the monthly sewer service charge is used to fund the construction of facilities in the eastern territory. 4. This option of charging single family homes on water usage has been considered by Council in the past. Because I )this would have an effect of increasing some properties and reducing others and 2) due to large amounts of water being used fo r landscaping, (which water does not go into the sewer) the water usage for single family properties is not necessarily an accurate measure of wastewater water fI ow, Council decided not to alter the method of charging single family properties. Council could direct staff to study this again, however, it could not be done in time for this years increase. 5. 3 % increase would not bring in enough revenue over the next three years to operate the system, The system would be in a deficit. Staff looked at revenues needed and then determined that 6 % per year was necessary to avoid a deficit reserve. Proposition 218 Impacts It is not clear if the sewer fee is covered under Proposition 218, This is because Prop 218 cover s fees that are charged solely because of property ownership. Sewer fees are not charged if the house is not connected to the sewer. Therefore, a property owner who has a septic tank would not be charged a sewer fee, Also, if the water is turned off, there would not be a sewer fee for /9";' Page 7, Item /q Meeting Date 6/08/99 that time period. If the sewer fee is covered by Prop, 218, it is clear that it is not necessary to raise the fee through the ballot process, However, there would have to be a public hearing held not less than 45 days after mailing notices of the rate increase to each property owner. To be safe, we did comply with that provision of Proposition 218, FISCAL IMPACT: Approval of the proposed sewer rate increase and adoption of the propose d rate structure and the recommended transfers, will allow the City to cover the anticipated sewer- related expenses in Fiscal Years 1999-00, 2000-01, and 2001-02, The City has sufficient funds in Fund 222 to cover the transfer of $3,0 million. Increased revenues over the next three fiscal years are anticipated to be approximately $4.05 million, The revenue for FY 1999-00 is estimated to increase by $0.51 million. The FY 2000-01 revenue is estimated to increase by $1.32 million, FY 2001-02 would yield the highest increase which is estimated to be $2,22 million, All revenue from sewer service charges is deposited into Fund #225. Failure to approve the proposed sewer rate increase would put Fund #225, at the end of FY 2001-02, in a deficit estimated to be $3.57 million, Attachments: 1. Sewer Revenues Over the Past Fiscal Years 2. Sewer Revenues and system expenditures for Fiscal Years 1999-00 through 2001-02 3. Revenue Projections - Gradual Rate Increase 4. Survey of San Diego County Sewer Fees per EDU 5. Notice of a proposed Sewer rate increase for the next three fiscal years H,IHOMEIENGINEERIAGENDAIRATEINC9.SMN June 1, 1999 (5:37pm) /7" ? ._.-~- RESOLUTION NO. J9tf¿;.. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AN INCREASE IN SEWER SERVICE CHARGES BY 6% PER YEAR FOR EACH OF THE NEXT THREE YEARS, AND APPROVING AN AMENDMENT TO THE MASTER FEE SCHEDULE ON SEWER SERVICE CHARGES, AND TRANSFER OF $3.0 MILLION OVER A THREE YEAR PERIOD FROM FUND 222 INTO FUND 225 WHEREAS, on April 20, 1999, Council approved Resolution 19443 declaring the City's intention to increase sewer service charges and setting a public hearing on consideration of an increase in sewer services charges for June 8, 1999; and WHEREAS, the city of Chula vista's last sewer service rate increase was approved on August 5, 1997; and WHEREAS, annual expenditures have increased from $13.65 million in Fiscal Year 1997-98 to an estimated $14,29 million in Fiscal Year 1998-99; and WHEREAS, expenditures are projected to exceed revenues by a total of approximately $3,57 million between Fiscal Years 1999-00 and 2001-02 and in order to continue to meet expenses related to the construction and operation of the sewage transportation and treatment system, the sewer service rates must be increased; and WHEREAS, the City Council held a public hearing on June 8, 1999 to consider an increase in sewer service charges at which the City Council considered all public protests thereto; and WHEREAS, staff recommends that the monthly sewer rate be increased by six percent (6%) per year for each of the next three years; and WHEREAS, staff recommends a transfer of $3,000,000 from Fund 222, the Trunk Sewer Capital Reserve Fund, to Fund 225, the Sewer Service Revenue Fund, NOW, THEREFORE, BE IT RESOLVED the city Council of the City of Chula Vista does hereby overule all oral and written protests and approves an amendment to the Master Fee Schedule to increase the monthly sewer rate by six percent (6%) for each of the next three years as follows: SEWER RATE SCHEDULE, INCLUDING THE STORM DRAIN FEE, FOR FY 1999-00 THROUGH 2001-02: Monthly Monthly Monthly Monthly Use Type Current Proposed Proposed Proposed Charge FY 99/00 FY 00/0 1 FY 01102 Single Family Home $19.00 $20.06 $21.18 $22.37 Low Income (SFD) $13.51 $14.24 $15.01 $15.83 Multiple Family $1.90/HCF $2.0IlHCF $2. 12/HCF $2.24/HCF 1 /9-'8" Commercial! Industrial · Low strength $1.74/HCF $ 1. 84/HCF $1.94/HCF $2.05/HCF · Med. strength $2.13/HCF $2.25/HCF $2.38/HCF $2.52/HCF · High strength $2.85/HCF $3.01/HCF $3.18/HCF $3.36/HCF Note: HCF ~ 100 Cubic Feet of water used BE IT FURTHER RESOLVED that the City Manager is hereby directed to include in the proposed budget a transfer of $3,0 million from Fund 222 into Fund 225 over the next three years. Presented by Approved as to form by John P. 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'5.æ õ2 ~ "' 0 ¡:: <f " a: ...J ;Ji " ~ ~ 0- ~ UJ :;; a: z ...J " « " ¡'!: on ~ Q) ~ UJ 0 ~ ~ 0 « ;Ji z >- UJ >- ï:! ~ c:c:1: z :5 ~ æ z ¡¡ Z 0 Q) 0 Q) a: 0 UJ 0 0 ~ UJ UJ 15 œc:(ij (5 >- a: UJ ::; ~ « ...J > :J ...J "- ::! z ...J > 0 > Z UJ J: 0 UJ ...J :5 UJ 0 « <f ~ « ." ':;:¡::¡ ":; '!! :> ;¡¡ " o-~o- () () " UJ ...J "- <f UJ <i Q) E Q) UJ U. U. U. U. U. U. U. U. U. U. " " () :> 0 0 0 0 0 0 0 0 0 0 ¡¡; Q) 0 Q) Z , ",-", 0 ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ UJ æ a: 1-=1- :; '" :5 "- UJ ~ Ü Ü Ü Ü Ü Ü Ü Ü Ü Ü <f ¡:: ~~c. /9---IJ ~.._- -- ATTACHMENT 5 Public Hearing: June 8, 1999 Time: 6:00 p.m. Place: Chula Vista City Council Chambers 276 Fourth Avenue, Chula Vista, CA A hearing date has been set before the City Council to consider an incremental sewer rate increase of 6% per year for each of the next three years, The last sewer rate increase was approved in 1997. The primary reason for the rate increase is to generate needed revenue to cover the cost of sewage treatment provided by the City of San Diego. If the sewer rates are not increased commencing in Fiscal Year 1999-00, the City will face a deficit of$3.57 million between Fiscal Years 1999-00 and 2001-02. The sewer treatment cost projections, provided to us by the City of San Diego, are estimated to be $42,0 million over the next three fiscal years, The rate charged to Chula Vista sewer users is based on a proportionate cost of operation, maintenance, and capital costs incurred by the City of San Diego in operating the "Metro Sewer System" as well as the cost to administer, operate and maintain the local sewer system in Chula Vista. These rates are proposed to increase by 6% in Fiscal Years 1999-00,2000-01 and 2001-02. The stonn drain fee which is $0.70/month for single family homes and $O,06/HCF for other users will not increase. The following is the proposed sewer rate schedule, including the stonn drain fee, for Fiscal Years 1999-00 through 2001-02: Monthly Monthly Monthly Monthly Use Type Current Proposed Proposed Proposed Charge FY 99/00 FY 00/01 FY 01 !O? Single Family Home $19.00 $20.06 $21.18 $22.37 Low Income (SFD) $13.51 $14.24 $15.01 $15.83 Multiple Family $1.90/HCF $2.01/HCF $2. 12/HCF $2.24/HCF Commercial/ Industrial · Low strength $1.74/HCF $1.84/HCF $1.94/HCF $2.05/HCF · Med. strength $2. 13/HCF $2.25/HCF $2.38/HCF $2.52/HCF · High strength $2.85/HCF $3.01/HCF $3.18/HCF $3.36/HCF Note: HCF ~ 100 Cubic Feet of water used Any protests or comments can be made in writing to the Wastewater Section ofthe Public Works Department/Engineering Division, City of Chula Vista, 276 Fourth Avenue, Chula Vista, CA 91910, Please call (619) 585-5700, Extension 4102 should you have any questions. Protests and comments can be made in person at the Public Hearing on June 8,1999. H:\HOME\ENGINEER\SEWER\SEWRA TE I.A ws J~-/i m ".-__..._',____..u.m__ .-.- ""_.~-_._,------ - ----..--. --- -'-- :#19 PUBLIC RESPONSE TO PROPOSED SEWER RATE INCREASE 1. Telephone calls totaled 142 A. 36 calls were from people who received the notice but were outside the City boundary, B, Approximately 48 calls were from people requesting low-income applications, C. 58 calls had complaints or questions regarding the proposed rate increase, a, Most of the telephone calls we received from the public thought the City was increasing the sewer rates to finance building in the eastern territory , b, Other callers felt that they pay enough taxes to cover the cost for sewage treatment and sewer rehabilitation costs, 2, We mailed out 41.553 public notices A. 28 were return to sender 3. We received I3 letters A. 5 are protesting the increase and feel they pay enough in taxes to cover the sewer treatment costs, Most were senior citizens on a fixed income that do not qualify for the low-income rate, B. I person wanted the GMOC Report information, C. I person believed the City was fmancing construction in the eastern territory, D, I person requested that the City commence charging customers for sewer service based on water usage and discard using a fiat rate for single family dwelling homes, E. 2 letters were from apartment property managers requesting a 3 % increase for 6 years, instead of a 6% increase in 3 years, F, 3 letters requested a senior citizen or fixed income sewer service rate. H:\HOME\ENGINEER\SEWERIPUBRESP.A WS ----.-----.- - 1089 Second A ve,/~~' t> - :. Chula Vista. CA 91911 r?' þ!- . ':':¿. June 3.1999 ,.'~ ,.,,' .~,~ . - - - \:\ t\)~'" - -,::, C"'j 1.1..; _ Wastewater Se~tion ofthe Public Works Dept./Engineering Division \.g -~~~£\N(\\ .~ CIt\' of Chula v Ista \~ tU .~ - \~ ~ 276 Fourth Ave. \'::'- '.~! ,,~ ~u Chula Vista. CA 9191 0 -G~co- . _~{u ....c:þZE'!~'" Re: Proposed Sewer Rate Increase Dear Gentle Person: 1 am writing to protest the proposed 6% increase in sewer rates for the next three years. Chula Vista residents used to receive a bimonthly bilJ ITom Sweetwater Authority. which included both water and sewer rates. In 1997. the City decided to take on the sewer billing. and everyone's water and sewer rates easily doubled. purportedly to generate needed revenue to cover the cost of sewage treatment provided by the City of San Diego, 'Now the City proposes another 6% increase in sewer rates for the next three years. For a single person household. which 1 am. and a significant majority of Chula Vista residents who reside in one or twO person households. especially those of us who comprise the older. western portion of the city. our proposed sewer rate can actuaIJy surpass our water rates. ] have no problem with any utilities or ciry ser\'ices where I am metered, because] am paying for what I use. That's fair. equitable and just .A.nd with the City ofChula Vista's exclusive trash contract with Pacific Waste Services, given the amount and types of services that we receive. the rates are reasonable, I suggest that the City either institute: (1) A 25% sewer rate reduction for anyone or tWO person household (who obviously is not using the same amount of ser\'ices as any family comprising five or more people): or (2) allow a.r¡y homeowner who opposes the fee incre2Se to have a meter installed to measure exact sewage use. This would allow the sewer rate fee to be equitably spread among users. The higher the use. the higher the fee, AdditionalJy. any and all discounts for any multiple family dwellings should be immediately discontinued. Pay for your usage. Unfortunately. before approving the tremendous development of Chula Vista. including both Eastlake and Otay Ranch. the city leaders failed to put this issue on the ballot for the present citizens ofChula Vista, Our quality of life has suffered immeasurably, Thank you for your consideration of this maner. Sincerely. '.. : _<~·,-t::"":'l ,_~. '----_\_ ~-.....:...:....- KaLhleen Browder -. - -, - - - (/;/Cr0 -- --+-- /~~~, / (/ ' WI; .'iF- W,,:"'ï:. Jfr-;7, I) (, :./ r :-'ilJ..¡ VIJ j r /-r~ '7_',,- ,~ /r" t ,1- ,. , c. , , -/.. /..... 't"";', " I \,.....' . 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I , 1 .' r - r:iv. , /y»J.,- þ,A)fl,).f¡ ( ~Ù"''7 IM-./ [///J/."~ /::-'l~ (J....-zJ.ð.k/ /[;/ ' ... ./J,/,/:;;,4 I I 0¡ /; .1/ /w..../ /r'l' . ; / .v,..M r~ ß~v ,...,;::{. II! 1]tV If . ! . '....I. ~. / ..:I ' " \ '//}-:-<j'<l,¿' . I ~ ... I (-~..¡¿ I:{ '{.( {J/wy.A \ " - ."---../ - //"""': I .. ./.-,- ¡J_ - / .'- ., £.. / r - . -~ ! , ~ .;c·C'-cl ~. ~ ~ - ~ ! :t' _ v ~ / ~. :;:: _ HAY 1999 . -, ~ ~! \~ RECEIVED J : ~ó> tf {lYl111 /1/ It¡ fl ; ~s ç,oç, .~ St>¡;:z..--" j 8 ; () LvII b; I 1 ?Û~~J~) .5g cJþ.L fZ--,-It!/ ; !jwbJ If): jf/1pÞ-tA S.t/ , --ç LJ,,,,,ld I; it-' ./v /lrlt PfÞ; 11~-f , ~- ; {h:s :nC/þ,fn?,Þ' Ý d. ~Ð-tblP};IY1/" ¡ ;.{ hÞ (}NUbi LJ: Ih ff II ~h,t/ . i ß/I r,J h 0 u,< i (1q Ii hP .J'eÞ?" I/h" i!ifp-j . ~g .f~þ ,,¡, 4 ~¿'I'GI'''.j Þr1? /5 : J 1ft-- r:7 J J; t}t)lt--f / . dlú/(þ~ /c q if ð ~ wi ;i; u____~u__u_0~_~_~/ â/ /f~ -- - ,-.....,.,...-,- .~, '/:::;'\ \ )- .\~ U:¡' lc- £ì'" J.. ~'Ìi'; 1"'-"', /-T' :.;., I: MAY 1999 - ~ ; I~ - ~ (i . /) ~- IÑ nECBVEO Ni J1ý 71 CJ~ U~- '\ §I t7 () ~ A- _ . ~_ ~ ~. /7~ _'~ /~-<f ~ ~ .- :'L , /' ~LZ9" -^....;- Jy ~ /'" ! ,f ~ :: / !./CU.V..; I . ..¿f...-, /..ð./_d ./-c--'.-- /v'h.¿.. l..¿. .J;i..J~ ~! ~Jr-(.¡; ~ /'..ð~ -~('1J../:~-c/~_ Î - ''L /{ -<. C[/"""./ U /JJ-/-e!....é-'...L.--. .'. ""'~.....~ C'r../ -"'!}:-:~ - , r, /' I.' -""1' 6~~ d ~J-"-1.-- , -/! '':- -. ¿ -, ~----:-( çt;:.....,.uj:.ð~V'~ ./--'-' .;;~.-- -J '''-'j. ~~-''''-fJ<--J...,-'1 _'_â'-<.f-' " I I'" I' -...- v (./ . " -V..;$ , ::;::_rv~ --;¡-WV:--- C£ .f';¿-4--' /:'n_é-,"--~ ~ ,! (7.' ~ /7..., !.' ; ,;;L.-yo~~~ C-J.~~ ~/~, - ""->--'....-"'J v , ~ tLI /ç:;- ~ ð-é ! ~ ~ . /C"¡ -0«::""-- . /' _ f ?J' 5' - 1.A y,.¿; - - ,¿ '" . / .... ¡ - dy / "" '. J c-- .,t.{.,! / r, /14'/-1:3'9,53-- !1r:2-~OO-..~"'¿'- f¡;..- ¡! - v-:: .-~ ,~n.¿.--i17 r .-- 17 1'7- '=2~_ / J<. k' C¡qff- ;!,Q,?, - , I J_ +~ó /Y0 ~~..,¿. -z:tz+ __ 7Ú'--/"",-4 ' { ~ ;:(J - -- ,¡ ¡: ì. ~ ~. /ÎJ~ ./../.-'o.&'i-U:- /:.L-....-::"¿ {' / ",u _ -=: ~--,.-<--' . . - ,I ~ v -. , ____ ....-~v /C-<-r-r~..h-.J ___ d-.Y~ ..ÚA0..../ ...L&-c:.' ;:. '1 ,// __ J.-r /..?- ~~--<f t!--'~ ¿^j -i.¿j,..-r-eL-- ,/ --" - r c::u ;(jJd' ·tk ~ ~..' / -, - ~.,/ ~ /.J...' ~~-u...<-/ .-/.2.c-<!.../cy,--" - ¡ Á-H,.¿,fi _e.-a-,z.J_"c~ , fL' cv:.u.....¿"L /Y\.:¿t-<þ:./.þ 'f- ~..u-v~ d~ ,f -t I - :../ _ ,j '" .../)-1,r--':.,...- ~'}t.) _' !ú>-;:_/ V!L--' _¿_/./~.:.......¿/._ ).j - -.- . ."":.t:. ~ ~ . ^_ :....... ~ v \ I //~~-L.A'--..L--- /,-Þ~ ~...:-,...; '-u'þ" h- _ ;?, , Ll?i r- . ,c:J-'--"'_:..ir_-( l "-<!..4.¡,!../~../.,r ,/. ..,/ C ,:2:2 -)l'ø n if (.::...... [jff~t?~é ,~(, If~~ \"'" -- .-..-.---...----.-.--.-- -------.....- - 5/1/99 Wastewater Section oj the Public Works Deparunent City of Chula Vista 276 Fourth Ave Chula Vista Ca 91910 To whom it may concern. My husband and I recei\'ed the notification of the proposed sewer rate increase of 6% for the next three years, We live in the East Lake Greens community and will be paying Mello Roos Taxes for the next 16 vears, These Mello Roos ta."{es increase everv vear, We feel that homeowners who currently pay these additionaJ taxes for communi!): útilities/ services should not be subject to additionaJ increases in their rates, Sincerel\'. .d,,, j\kfvl "", ,,-ø ...,./,~.~~ - ' -"'-'.../ ~ '-'è '--' Sharon and Ken Jacques v i 1231 Crystal Springs Drive Chula Vista. Ca 91915 -~ ----~ _. (1M¡ ~ J .U\~ ¡jib ~. {¡{ aM -it . (t!iJ.Ú J,,-~itM¿ !Uä:::1O i)UJ{¿ . fA I J ~w~ o.P/1Pw-h., ú.. <2tJ.¡dfU.c ié c!'l'(L .u¿ U[ . '~ 1~?j lh~i LU^£it-l.~ - -rt«. É~tw),J : , j I, N EiLc dø ,~tJ.fL di{P1LIClifá. Ú-CÓJPfÜ,- a' I ~u~ j-{(41á S ic/t1JU! II û1'l£. ~) , e!W\1:iLÚJfi{( $:FD I: ~ d. ~. de. ~~' H-' (Ildùw«e; OlM<U~ ~ /1Þ#æ4/0 -3. 0-' t1J,.-[. ^ ". . '4f1l.PíJ. H{ c¿ \þ~ (f:L I4J(V ~ . ¥' cb/ tc¿~ çto ,!,{¿4.t - Ji!1i?é<,J' (( (L;¡1.. tL¿~.\ .U j¡y~y.~ tf{f!!J#~ _ f::-r i:ÞL ¡j:J/LJ&/., . . /) . . '. __ .;:> .tJ, Ut.-4.<o.- do ,ucw...cJe/r(f-U-/'7ÞL.!Z1" Ù4(ß,/t<f!.L££ &ti~ié-; . J A- I ~ . __ , I ~\ft- .JJ1..(L4<.JLCj6-t.C) . PresonedStand"d - ~ - Q 'r- (, u.s. PosTage .~::::=- {(Liul~G',Ú,Q:: PAID ClN OF Permit: 17 CHULA VISTA San Diego, CA Department of Public Works ~IL().k- L 'WÌó- , r Q(ý({7 Entneering Division 27 Fourth Avenue ChuJa Vista, CA 91910 Î 5ê52022200 GOV: SH.IIRYL L'UWJï#GOVE CAROL A CHUL" V1SïA C.II 91910 PUBLIC NOTICE !;,L!!,.¡U!11!I1\JI1L!!!lIII¡ ; lifT I'; i 'I' i I' 1'1' í ~~'3"--:-..)-'!-~'::"'''''~ 111I11I1!1I1 ¡III!I 1111 1111 III III! I!.II! u.{ Q: Jl UL~t£{t.lC-,(,l L¿~{,~ ,/2~f. &; % -L-i fJí£ffS ,J.~, V:C,~ (IL (L( .f.VQ (~W:JL ~ (PI. ri:.Lct :d:C ézb ~-l .&c ~[ eMf! LWe u1.Ci-Þ L, ~ .Œ , L " t[Utr tSn.:iU.I1{C w.... (l(i¿~ ? (/ ',0<"''''<'", ",'J,- ú! ~ -fA ~ o~ ~ ii'~ ~ \\ !/t¡¡¡tfIJ .f; .$'¿b 0." :.' G't ~n~o\. 6- - - - - NOTICE OF PROPOSED SEWER R.\TE INCREASE >, Public Hearing: June 8.1999 ¡,:. ~- .. Time: 6:00 p.m. \.\a.;.~,.- Place: Chula \ïsta City Council Chambers ~\ ,', , - 276 Fourth Avenue, Chula Vista, CA .',. . .- ',:, \ ,,'''' ,.)- '.A hearing date has been set before the City Council to consider an incremental sewer rate increase of6% per y:earfor each of the next three years. The last sewer rate increase was approved in 1997. The primãry reason for the rate increase is to generate needed revenue to cover the cost of sewage treatment provided by the City of San Diego, If the sewer rates are not increased commencing in Fiscal Year 1999-00, the City will face a deficit ofS3.57 million between Fiscal Years 1999-00 and 2001-02, Tne sewer treatment cost projections, provided to us by the City of San Diego, are estimated to be S42.0 million over the next three fiscal years, The rate charged to Chula Vista sewer users is based on a proportionate cost of operation, maintenance. and capital costs incurred by the City of Sa,,-¡ Diego in operating the "Metro Sewer System " as well as the cost to administer. operate and maintain the local sewer system in Chula Vista. These rates are proposed to increase by 6% in Fiscal Years 1999-00,2000-01 and 2001-02, The storm drain fee which is SO.70/month Îor single famiiy homes and SO.06/HCF for other users will not increase, The following is the proposed sewer rate schedule. induding the storm drain fee, for Fiscal Years 1999-00 through 2001-02: ;;~ :v1onthly :v1onthly Monthly Use Type Current Proposed Proposed Proposed - Charoe t'Y 99/00 FY 00/01 FY 01/02 Single Family Home 519.0 520.06 521.18 522.3 7 Low Income (5FD) 513,51 514.24 515.01 515.83 Multiple Family 51.901HCF 52.01/HCF 52. 12/HCF 52.241HCF Commercial/lndusrrial · Low strengÙ1 51.74/HCF 51.841HCF 51.941HCF 52.051HCF · Med. strength 52.131HCF 52,25/HCF 52.381HCF 52,52IHCF · High strength 52.851HCF S3.011HCF 53.181HCF 53.361HCF Note: HCF ~ 100 Cubic Feet of water used ~v Drot".t. or comm~ can be made in writing to the Wastewater Section of the Public Works Department/Engineering Division. City oÎChula Vista, 276 Fourth Avenue, Chula Vista, CA 91910, ~ Please call (619) 585-5700, Extension 4102 should you haye any questions, Pro.tests and comments _ can be made in person at the Public Hearing on June 8,1999, 1l--/12t / -:;"S:J'1'19' fl-r¡7COe-1ê.. íiu-;;:;'~';;';~ r;J '- 7¿).f.4 rib n< '( . ~ U W / J^1 (!t?7YV- v.d.f _ - ¿h-(. d ~~ ~lf-fefi 0~1?-~~ ~ ~ ~) ;&4- N'~t:i~ -- - "'S26272e~ -"....Or... ,rr'" .. 'ÌO ',' ~ :0 APrr Jas; b .~ REtE/'IED i) ,<".9 'V ?.$'¡ 'é<ë Þl eL ZL \,\,0\ ~~~ 17-- VIV Presorted Standard! U.S. Postage CITY OF ~ PAID CHULA VISfA ~ Permit ~ iì Dep~rtment o(Public WorKs ~12!ip.".¡ ~~ San Oiego,::::' Enr;meenng DIVISIon / ') ... 27b Fourth Avenue ' / Chula Vista, CA 91910 r I..- ~ -þ ~ /5 é '34cnc300 ~ Z; ¿d. ¿ s -7 :R:J!KS'¡; R=V::J:~3_= ,-IVING T"US fl- ~ :,.U:"'-.VIS,;;:t..919",C PUBLIC NOTICE L ~ff,JÄJf/ '·"··11"'····,' . . . ~ _..... _.. " _ '" : " .: ~. ,:, J! 111 ¡. ] (j,. ~V-':"/:'''''n ¡¡¡!I'I!,!t;!!II!\\!l!!!'II\!!I!ill'!,\!!illi\!!!II!!1¡i¡illlil ?::D:rl v7P h72/1P7 <; t.¿.{/ ~ ~~l£I- - ~~ 0'i/J ~lT ~ 7r? ~ r/'l.I7'j p-r4l¡ ~?f -r7J "f'?//?/ð 10;'1 ¡; .:2S / ?S¡ J bV,/W ~"(iJ -r V -H 0/'7 VVN)-(j ~ r/o~{j -r/:-P'-</ / r¡-<-U't¡ ;;Y J7 I' II"J 7" r¿t L<4 ¡I ~v -r?1 yu ~ t¡-t 'cL ¿ r(-f/ Y U3Ç'/--¡ '¡J , 'Y 5 '-::7 ¡ / //-fJ7 . -p1.<-(J ;:;?/ ø ?¡-t71/ ~ ~,o( (7-.1- ¿:;/1~5d -1/ 5£ ë¿ 5~~/7 ~ -p~q /rff ~ ( -I-)/)~1 2/;;:-w. t/~ ~,,/ :>/<µ y/ - -I/('7t( b~/Y~· ~ ?!0 ¡It! /fYJ! , Lv 0/ >0 ç ?/?M?)' v:¡ ~ I ~J.t/!l1 ~ -~ . --- ~ . <.'--- ~~ " . ~ '"" '......'---" .,r-.. '0 ~ ~ ~ -0- ~ /' - 'c.. ~. _ , .~_ è' ~'c::o. \, '-' L \. _ v\ --.: \./ .t. v /......... ,J\ ,: -, ~v ",,-,;L' "\. "-~' V cJ '\..::;: ",V", /" ~ \:; ..(S..>' 0""-'-..., \:<.\ ,~~~v ~") '^'- ~- - ...;" ~ ~_. h-' , " ~. ,"-' -./ _ V ~ .,./ >... -:-v. .'" ,',\ ,,~ ~ ,."-.. v .:z -/,' -.(,.'" ¡.., '. ~ ~~,.....' ,.:;y '" "....., I e:o " C> -. " ~ 'y v , _,,0.' NO'<lCE OF~OSÐ<:$'tWER ~TE INCR£AS~ ¿c, , _ ^', )- _./v ,,~ ,,(5-1 . h ~ ~V..... / ~0 :1"-"- ~""", ~~publiC Hearing: June 8. 1999 9é,?"'--.,>-"':',.. - ~~. .';:;~, y ,,,-, ::::-'-' ì'\ Time: 6:00 p.m. . ~ ...... ~v <:.:i" "- ::-... ""V \ ---..),,~ '" '...1 , i-' ; \place: Chula Yista City Council Chambers ,;ff! w rv. 'è,.~,// -,_:-\ .' '-' "",- - I ~".;r 276 Fourth Avenue, Chula Vista, CA iY ",'" 'Y. .:v.:.. ./ \v ,,-, . ~~. \ ~~ '-..J 1;/ , c A hearing date has been set beîore the City Council to consider an incrementa! sewer rate increase ;Ill 3< '" :~ of 6% per year for each of the next three years. The last sewer rate increase was approved in 1997. " '0.r I() The primary reason for the rate increase tS to generate needed revenue to cover the cost of sewage ~:;: 's, treatment provIded by the Cny of San DIego, If the sewer rates are not mcreased commencm~' '. ';' J "0 Fiscal Year 1999-00, the City will face a deficit ofS3.5ï million between Fiscal Years 1999-00 \~;;:' - 2001-02. The sewer treatment cost projections. provided to us by the City of San Diego,.~ C \ estimated to be S4:'..0 milìion over the next three fiscal years. \£ ;0 ~:,-- . . ."" .)~ '\ The rate charged to Chula Vista sewer users is based on a proportionate cost of operatio~::Y 0~"" maintenan:e, and capital costs incurred by the City of San Diego in operating the "Metro sr;;;èr "',-ç 1(j System" as well as the :05t to, aåminister, operate and main~ain the local sewer system in Ch~~';.\ J('Y VIsta, Tne5e rates are proposea to mcrease by 6% m Ftscal 'Years 1999-00, :'.000-01 and 2001-02. ;:¡.., The storm drain fee which is SO.70imonth Îor single family homes and SO.06/HCF for other: ~s X ,'- will not increase. o......J ,--- ¿: (¢' '-",,- The following is the proposed sewer rate 5:hedu1e, incìuàing the storm drain fee, for Fiscal Y ~ ,.. ",:"",-" 1999-00 through 2001-02: ,.. / ~ . .. ~ .~ ~ . ...... ' J0' -.. Monthiy Monthly Monthly Monthly '<: " ~)- Gse T'l'e Current Proposed Proposed Proposed ~--....~, Char2e FY 09/00 FY 00/01 FY 01/02 ~....c-' -, ~ .,:;- Single Famil\' Home S19.00 S20.06 S2U8 S22.37 ~.... La; Income'(SFD) S13.51 S14.24 S15.01 S15.83 -.:") ,Y ".J' Multiple Familv S1.90IHCF S2.011HCF S2.121HCF S2.24IHCF:--:' \J-:§: ;:::: , . ' ~ - Commerc,ar' Indusu'ial ~-.- \\~' r: \, . · Low srrength S1.74IHCF S1.84/HCF S1.94/HCF S2.05/HCF:"~ '::i~ \i,- J; · "¡ed. srrength S2.13IHCF S2.25/HCF S2.38/HCF S2.521HCF .:;;/ ~ · High srrength S2.85/HCF S3.01/HCF S3.18/HCF S3.36/HCF ..., .!" ."" -. ..;: ~ :-;01e: HCF ~ 100 Cubic Feet oîwater used '-' ~'- /'/ . ,.. '., ,'-..I '- " , .Lilly protests or comments can be made in writing to the Wastewater Section of the Public ,) Department'Engineering Division, City ofChula Vista. :'.ï6 Fourth Avenue, Chula Vista r. :\919~, 4.$ Please call (619) 585-5ïOO, Extension 4102 should you have any questions. Protests)~~'commeIj 6'.>'Ó' can be made in person at the Public Hearing on June S. 1999. /1 ""I ~, :c.... 1989- S\ /lFni/ :::! H.J10"E E'Cc-ER'SE\\'ERSE'''·RAT£..'WS 't¡ r VEO '0: ..' "~I -.. , . . -. ,.. , -. . ;' ....:_'. -~-:~'~~~;. - ·- - ,,031-'.< > /c;¡"t:;j- \';¡9 Ap:-il 30, 1999 /'r~ ~ ~~ ,rÇ- -l .>:.:1 . Q:I :~ ~'~;;'; ~) Shirley Horton, Mayor (~c", ~ $/ 276 Fourth Avenue Chula Vista, CA 91910 ',~.t'~ .:-,..:~" '~ o(? êL at L\, <:;\ co Dear Mayor Horton: We are unable to attend the Public Hearing scheduled for 6/8/99 on the subject of sewer rate increase. At the suggestion or Deputy City Clerk, Susan Mitchel I am wri~ing to make my views known. Mr. Power and I are away each year for approximately six months. we ~ealize that if we shut the water off completely no sewer charges would be due. However, because we keep sprinklers on a ~imer to water minimally ~~ order to keep plants from dying, the full rate for sewer service is due. We wish ~o propose that instead of an all or nothing attitude that you use the water meter as your gauge. If we use 75% less water then reduce sewer bill by same. It only follows that if less wa~er is being used there is less impac: on the treatment facilities. We are a~are tha~ in other pa~~s of the country sewer ra:es are based on water usage. We would like to see a sewer rate that would reflect ACTUAL use based on a metering system. . We thank you for giving this ma~ter your prompt attention. You:-s truly, ê?4~;¿ £~ØV Niles and Elaine Power Chula Vista, C.. 91910 cc: John Lippitt, Director of Public Works - - - - May 2, 1999 Wastewater Section of the Public Works DeparuTIent/ Engineering Division City of Chula Vista 276 Fourth Avenue Chula Vista, CA 91910 Gentlemen: I am writing in regard to the proposed increase in sewage rates for the City of Chula Vista. Since 1 am unabk to anend thIS meeting, I hope YOU will keep me informeà of the outcome of said meeting. I am against any increase in these rates, they are e),.'tTemely high now. ] am sure you can generate more income in order to operate the tTeaunent plants "",ithout raising rates. Anà especially since you not only intend to raise for one year but are going to continue until the vear 2002. And we all know once a rate is increaseà it is never reàuced again, Anà 1 am sure that by the vear 2002 you "",ill once again ask for another raise. As you vourself stateà yOU did this in the year 1997 anà here it is 1999 and back once more for another mcrease. People on fixed incomes cannot continue to pay these increases. Our salaries and pensions do not go up. This year 1 receive a whole 6.00 more a month on social security. Anà "'~th that I rest my case. Please aàvise, thank you. Sincerely, 7~ ~?I ;"('¿f:- '7 .. . ò-/' ,. ",,/ .I . Elizabeth Y. Megan . .~ '...._ - 10- ....1"'...- ~ r7~ .. ....:.:' , I Þ. .,~. -,. ,- ",,\ \)j~~ -::. .. ~'\~~~t~ k "- .'. ~..:. \\\.: \ =:; ,'- ...:. ',-,,;.:'::' .....'=-'. ~- - t:-;7ç'_~-\.J ....--'-;.,,¡,.. - -----. --- - - ~.- ST. THOMAS APARTMENTS 670 F STREET CHULA VISTA, CA 91910 619-691-5345 April '27, 1999 Wastewater Section of the Public Works Department Engineering Division City of Chula Vista 276 Fourth Avenue Chula Vista, CA 91910 RE: Proposed Sewer Rates Increase F or Fiscal Years 1999-00 through 200 I -02 To \\!horn It May Concern: The owners of the St. Thomas Apartments is very concerned about the proposed sewer rates increase of eif?hteen percent (six percent per vear) for the next three rzscal vears 1999-00 through 2001-02, It will be difficult, if not impossible, to pass these increases to the residents of the properties, The eighteen percent increase is higher than the average cost of living increase which is approximately two percent. If the City Council is to set an increase, it should be based on the cost of living increase for each year. Perhaps the eighteen percent increase in sewer rates could be spread over the next six ñscal years instead of three ñscal years, Tnis would be a three percent increase per year instead of the proposed six percent increase. By increasing the sewer rates by three percent a year, the City ofChula Vista would be following the cost of living increase index. Please consider this reauest to have the proposed sewer rates increase at three percent for the next six vears instead of six percent for the next three vears. Sincerely, ST. THOMAS APARTMENTS . - -- .- " '.- / /~-._:i: -:.2:'S 3;2;" '-":...r:. I I ¡.~. -C;(',..: /-,/- ,~:.. Þ. ") Lisa McDunn .,;~",;~ þ .;.' .... r~ __ _,."1_'\" .....,: Property Manager ..""'; \,,1..; -.....,~ "- '':'It ,-,"".\ .v'" - \~ ~i~í\~L\\ ~ cc: Roger A.P, Joseph \~ ~ \t\ \.~ '. ~ ,,- "'t' . <:¿ c· _ . '-..'-'-- ; _. - -----.-.-'-. ~ - - April 27, 1999 I FRÞJThlIN CROFT GROUP Wastewater Section of the Public Works Department Engineering Division City of Chula Vista 276 Fourth Avenue Chula Vista, CA 91910 RE: Proposed Sewer Rates Increase For Fiscal Years 1999-00 through 2001-02 To Whom It May Concern: Franklin Croft Management, Inc, manages one commercial and two residential properties in the City of Chula Vista and is very concerned about the proposed sewer rates increase of ei!!hteen percent (six percent per vear) for the next three rzscal vears 1999-00 through 2001-02, It will be difficult, if not impossible, to pass these increases to the residents and tenants of the properties. The eighteen percent increase is higher than the average cost of living increase which is approximately two percent. If the City Council is to set an increase. it should be based on the cost ofliving increase for each year, Perhaps the eighteen percent increase in sewer rates could be spread over the next six ñscal years instead of three ñscal years, This would be a three percent increase per year instead of the proposed six percent increase, By increasing the sewer rates by three percent a year, the City of Chula Vista would be following the cost of living increase index, Please consider this reauest to have the proposed sewer rates increase at three percent for the next six vears instead of six percent for the next three vears. S incerel y, FRM"KLIN CROFT MANAGEMENT.INC- , 7 ,~ ./ / / . /., / . ./- '- .. ~.Å- - -'.- / Joy Cole Property Manager ""'--:::""0 "'..... :-........ /_'" ¡~--'¿::f.j,...." /.....\:>- ...;27',-... Roger A,P, Joseph t{"O~ A'" cc: 1)." .... .....,.'. ~ -. I ¿::¡ I?P 1999 ':-", ~ Rt~~Nt~ J \~ ~<~ ? \,~/ <E ...,'-'/ /' 9!c-171 -:-",,""/ -- ...... 4 j 12 ~,<ecutÍve Dove Suiœ 125 San Diego. California 921:1·32:3 Tei ó19.45ïA501 Fax ó19.45ïA5l: - , I "~J _ . . ~ ~Á --4--- ¿~í~'--CU¡' £Iv' . - /, A.,/"(,/J.' 1/--, ./. II. ~J'-Z.. ! ( h - u.-.. '- c../j.' _ I.." ~ . '?. -'~-<.J-,..:Y1 V7'- '~I ~ //1 i--t'fJ !,. ~/ ~ '. ., í' 'J \:./ OL.-j L-r...-. Yì . ,,'/ ~ / "7';:--' l'-"....t v~ (I " ---<,:"c Jt1..c u.< - ..--- / - ; ~------~-:'\.,;;..." '- j '~/Í ........ -.....- J -r;- ';.,;..___J..--<....oJ-. 'j v - , . () LL.l·:..... -- " 0'-'- ~ (/. -:; , '1.-.'-c... NOTICE OF ~OSED SEWERR",UE ¡""CREASE .6 ~ L.U-(,~ ~' I '..Æ ~ '-'.. r-ð' ~~ ~r....'-I'--';' C?/J' ~~ Ci./u- <J - , - ' '/.' -t-.h ' ,. ::;- ! d -' h .~...¿,;C' - '0 ~ , i..{..'L 'd':t.L.~ . ~jð-7-6' . ~ r é!:::....í' (.. ~~~ if ~bhCfua~lDg:~.') (. -Q.~~ / ~ é.7--P' c..c Æifue:<t;:O. ,(... v~~, c , .::Zf---L. , --'-I f J Place: Chu~ta c~~c~hamb.ers .../....-é:JJ ','::'...L{/L(' ~ . w..J-=/Aß ~~ W ~I~' -. " CL/7U::;, '-, -' -.<-_76 o~ Due, hili '¡sa, A ..'/ ~ ,/" ~~..;.--,. , ,.; 'L'( f.....d...LŒ µ,..<t . (2. c·'''!-€.' -...-i2z..W-1/--t -q...A...-'7'--ò-- '-'Jd , ~71'J ~'1 1-<--t- c: - ,'- I ' /- . h ' /, h b b - h C C'1 'd' I J. ~-f A earmg aale as een set erore t e ¡ty ounCl to cons! er an Incrementa sewer rate Increase ~ of6% per year for each of the next three years, The last sewer rate increase was approved in 1997. The primary reason for the rate increase is to generate needed revenue to cover the cost of sewage treatment provided by the CiTY of San Diego. If the sewer rates are not increased commencing in Fiscal Year 1999-00, the City wil1 face a deficit ofS3.57 rni1]jon between Fiscal Years 1999-00 and 2001-02, Tne sewer treannent cost projections, provided to us by the City of San Diego, are estimated to be 542.0 mil1ion over the next three fiscal years. The rate charged to Chula Vista sewer users is base::: on a proponionate cost of operanon, maintenanc~, and capital costs incurred by the City of San Diego in operating the "Metro Sewer System" as wel1 as the cost to administer. operate and maintain the local sewer system in Chula Vista, Tnese rates are proposed to increase by 6% in Fiscal Years 1999-00, 2000-01 and 2001-02, The storm drain fee which is SO.70/month for single family homes and SO.06/HCF for other users wil1 not increase. The fol1owing is the proposed sewer rate schedule, including the stotm drain fee. for Fiscal Years 1999-00 through 2001-02: Monthìy ~onthly ~onthiy Monthiy use Type Current Proposed Proposed Proposed Charee FY 99/00 FY 00/0 i FY 01102 Single Family Home 519.00 520.06 521.18 522.3 -; Low Income r.SFD) 513.5i 514.24 S15.0i 515.83 Multiple FarnÜy 51.90IHCF 52.01IHCF S2.12IHCF S2.24/HCF Commercial/ industrial · Low strength 51.74IHCF 51.84IHCF 51.94/HCF 52.05IHCF · rvleè.. strength 52.13IHCF 52.25IHCF 52.38IHCF 52.52IHCF · High strength 52.85/HCF 53.01/HCF S3.18/HCF 53.36/HCF !"or:: HCF = 100 Cubic Feet of water used f\ny protests or comments can be made in writing to the Wastewater Section ofthe~ DepartmentEm!ineering Division, City of Chu1a Vista, 2ï 6 F ounh Avenue, Chula.'\Z.@a, ~-'\. 91910, "~\ Please call (619) 585-5700. Extension 4102 should you ha\'e any questions. Prote.St'~ and o~~ents c.:.;\ . .,¡ ~ ~-.J can be made in person at the Public Hearing on June 8, 1999. ~ ~~ ~~ ~ .~. ~ ~ H:\HOME·£'SGC\~:::R·SEWER\SEWR.-\:-E.A\\·S ..:; ~ /? ,~ ,..... -- ~'~ of ...- :J> _, ~..... ~' ~ ~_.. - .. ,-_..... --------- --~"._--_.- -- ~o /"'r~c.,-..;-· -v IO;~ / f" ..; .~ . 1089SecondA\'e. /('v .t. ":::'} '- - .....' Chula Vista. CA 9] 911 . '" JUH 1999 ;> , ' . , June3. 1999. ,l RECEiVED ii' Wastewater SectIon of the PublIc WorKs DeptJEngmeenng D1vlslOn":o:-... .....Co, City ofChula Vista '- '- "~-s> "év(j . -~~ -~~ 276 Founh Ave. -SZ"... Chula Vista. CA 91910 Re: Proposed Sewer Rate Increase Dear Gentle Person: 1 am writing to protest the proposed 6'% increase in sewer rates for the next three years. Chula Vista residents used to receive a bimonthly bill ITom Sweetwater Authority. which included both water and sewer rates. In 199ï. the City decided to take on the sewer billing. and everyone's water and sewer rates easily doubled. purporœdly to generate needed revenue to cover the cost of sewage treatment provided by the City of San Diego, 1'<ow the City proposes another 6% increase in sewer rates for the next three years, For a single person household. which I am. and a significant majority of Chula Vista residents who reside in one or two person households. especially those of us who comprise the older. western portion of the city, our proposed sewer rate can actually surpass our water rates, I have no problem with any utilities or city services where I am metered. because 1 am paying for what I use. That's fair. equitable and just. And viith the City ofChula Vista's exclusive trash contract with Pacific Waste Services. given the amount and types of services that we receive. the rates are reasonable. I suggest that the City either instiruœ: (1) A 25% sewer rate reduction for anyone or rwo person household (who obviously is not using the same amount of services as any famiiy comprising five or more people): or (2) allow any homeowner who opposes the fee increase to have a meter installed to measure exact sewage use, This would allow the sewer rate fee to be equitably spread among users, The higher the use. the higher the fee, Additionally. any and all discounts for any multiple family dwellings should be immediately discontinued. Pay for your usage. Unfortunately. before approving the tremendous development of Chula Vista. including both EastlaKe and Otay Ranch. the city leaders failed to put this issue on the ballot for the present citizens of Chula Vista, Our quality of life has suffered immeasurably. Thank you for Y'our consideration of this maner. Sincerely, ~-:""," _::-::J:',_I,- \J.--, '-!....__ '- . '-. --2.-..... _ K~th]een Browder . ----~._-_..- ,. ----.-- ~\f?- ~~ -:..... - ~ - - - On-OF J\1a\' Ó, 1999 CHUL\ VIST..\ . Fjj~ ~o. 0790-1 O-KY090- 1\ D~PAR,M~Nï Oê PUBLIC WORKS Carol Gov~ :NGiN::RING DIVISION 111 Elder Avenue Chula Vista. CA 91910 PROPOSED SEWER SERvlCE CH.-'ill.GE INCREASE This is in response to your questions regaràing the difference betWeen the single family dwelling sewer service charge and low income single family dwelling sewer charge, Tne City has a low income rate for single family dwelling accounts, Tne low income sewer rate is based on the mmlber of people in a household and the gross annual income of the inåividuals in the household, Listed below are the low income rate qualifications: ~o. L.'"l Maximum Family Household Income Per Year I SI7,00O/year ~ S19.450/year - ~ S21.850/year Tne City of Chula Vista has a low income application that can be sent to you or pickeci up at the Public Services Builàing, Finance Department counter, at the address listed below. Tne completed application is returned to our Finance Department for approval. After approval. you would notice the low income sewer service rate on your ne;..:t sewer bill. Tne City of San Diego has annually increased its residents sewer service rates, They have also been annually increasing other agencies sewage treatment costs, Tnis increase is for upgraàing me Point Lorna Treatment Plant as federally manàated and for treatment of sewage before it is åischa:-ged inTO the ocean. The City of San Diego based the City of ChuIa Vista's sewage treatment costs on projected sewage åischa:-ge and our share of the cost for the Treatment Plant upgrades, \Ve reviewed our projected revenue and fund balance and determined thaT the City would have a S3,5ï million deficit at the end of Fiscal Year 2001-02 and if we do not incr=entaIly increase the sewer rates 6% annually, the City would need to increase me sewer rates by approximately 27% in Fiscal Year 2001-02. We felt this would be more of a hardship for our residents than increasing the sewer rates by small increments. We will forward your co=ents to the City Council at the June 8, 1999 Public Hearing, If you have anv questions. please contact AJexia Stevens at 4ï6-53ï6. ex "tension 3402, //. M.,J íi1-1 SA.l\i[[R M, ~ lJHA1L Y . . SE..nOR CIVIL ENGn--"EER H:\HOME\ENGr:...."EER\SEWER\GOVE.A ws - / ,. '- , -...;J'" 2ï€ =au~-;-~ AVËN~/C!-iUL.A ViSïA. CALIFORNIA 52010/(619) 69":-5:21 - - ~Vc... :~~~ - em' OF \12\" ó. l,?ú8 CHULA.. VISTA File '1"0.0790-1 ()-ï-,:,Y090-p: D:::PAPTM:::~ï 0;0 ?U3~IC WOëlKS :::NGIN::::::ëlING DIV~SION Zacarias Chacon ]040 Buena Vista Way Chula Vis-o.2.., CA 9]9]0 PROPOSED SEWER SERvlCE CHARGE INCREASE Tnis is in response to your questions regaràing the sewer se:-vice charge increase. Tne City of San Diego annually increases the City"s cost per our estimated sewage àischarge. Tnis increase is ÎO"" upgraåing the Point Loma Treatment Plant as federally manàated and for treatment of sewage before it is àischarged into the ocean. The City of San Diego based the City of Chula Vis-,a: s sewage u-ea!ID.ent COSts on proje::ted sev;age àischarge anà our share of the cost for the Treatment Plant upgrades, \Ve reviewed our proje::ted revenue and funå balance and àetennined that the City Y:.iouiå have 2- :£3.57 million deñcit at 1.lJe end of Fiscal Year 2001-02 and ÍÎwe do not incrementally increase the Sev.ier rates 6~ó annually. the City would need to increase the sewer rates by approximatelY : 7%, i...~ Fis~al Yea:- 2001-02. v,'eÏelt this would be more of a hardship for our residents than increasing the sewer rates by small increments. 85% oÎ the sewer revenue from our resiàents is used for s~v.·age treatment. Tn: remaining 15~ó of the revenue is used for maintaining the existing sewer mains and our operations budget. The seV.le:- revenue we collect :from residents does not pay for new sewer mains to benefit new development in the east= territory, Developers pay a sewer capacity charge of 52.220 per equivalent dwelling unit for conne:Iing to the existing se~¡er system. .-\11 ne\\: sewer maL.'"ls are fundeå by private development and Developer Impact Fees (DIF) funciíng, Depenåing on 1.':1e area. the deveiopers contribute funds for new sewer mains or sewer main e),,1:ensions, In answer to your second question. the City àoes not have a "senior citizen" sewer rate, We have a low income rate that would apply to all peopie who qualL.~'. We "ill forn'ard your comments to the City Council at the June 8. 1999 Public Hearing, If you have any questions. ple2.Se contact .A..1exia Ste\'e~ at 4ï6-53ï6. eÀLension 3402. 4, "'. ..J~ SA...1y[]R M, :!\ù1-Lt.JL ì: SE~'nOR CIVIL ENGP.-.."EER H:\HOME".EN'G~'"EER\.sEV.'ER\CHA,CON,A:WS , , ~,;J 275 =OU;:,ï;....:.;V=NUE\;¡-;U~A \·~.sïA. CA:"'I=QRNif. 92ûl0/(S1g\ 69'-5C2i ---"_. --- - - ~(ft- ~~- : ~ ~= cm OF !\1~y 6. 209Q CHULA VISTA File :\0. 0790-] O-KY090-þ<. O~"A;o'7'M~NT OF "U3~1: WO'iKS :NGIN::RING DIVISION Mr, and Mrs, Gordon Cruikshank ïl I East J Street Chula Vista, CA 91910-6573 PROPOSED SE'iVER SERVICE CRtŒ.GE INCREASE T.t1Ïs is in respons~ to your questions regaràing the sewer service charge Ìncrease. Tne City oÎ San Diego annually rncreases the City's cost per our estimated sewage discharge, Tills increase is for upgraåing the Pornt Loma Treatment Plant as federally mandated and for treatment of sewage before Ü is discharged rnto the ocean, Tne City of San Diego based the City of Chula Vista's sewage treatment costs on projected sewage discharge and our share of the COst for the Treatment Plant upgraåes. We reviewed our projected revenue and fund balance and determined that the City wouid have 2 S3.57 million deficit at the end of Fiscal Year 2001-02 and if we do not incrementally increase the sewe: rates 6~ó annually. the City would need to increase the sewer rates by approximately :70/ó il"1 ?iscal Year 200]-02, We felt this would be more of a hardship for our residents than increasing the sewer rates by small increments. 85% of the sewer revenue JÎom our residents is used for sewage treatment, Tne remaining 15% of the revenue is used for maintaining the existing sewer mains and our operations budget. Tne sewer revenue we collect JÎom residents does not pay for new sewer mains to benefit new development in the eastern territory, Developers pay a sewer capacity charge of S2.220 per equivalent dwelling unit for connecting to tlJe existing sewer system, All new sewer mains are funded by private development and Developer Impact Fees CDIF) funding, Depenåing on the area. the deveìopers contribute funds for new sewer mains or se\\'er main eÀ"tensÎons. In answer to your second question. the City does not have a "'senior citizen" sewer rate, ,^'e have a low rnCOffie rate that would apply to all people who qualify, We will forward your comments to the City Council at the June 8, 1999 Public Hearing, If you have any questior..s. please contact AJexia Ste"··e~ at 4ï6-53ï6. e)..."tension 340:. /J . Y'. rI~ S.-\..MIR M. ~ lJH/úL Y SENIOR CIVIL ENGIN'EER :-:';\.I-IOME\8-iGP.-.;EER'5EWER\CRUIKSH.A\1.IS. ,/ .' '" ~ 4 , - ...J . ;. 275 ::C>UFìI~ AV::NUE/!E-iULA V~s-.c... :AL!~ORNJA 9201011619) 69¡.5J2i -- JUN 03 '99 12:53 5DAA P,2 1 .1 I //0 . I /( I .. THE SAN DIEGO COUNTY I f\PARTMENT ASSOCIATION .t- Chapter of I,..¡ CoIlIOrnla Apartment As$OciOlIon i 1 JII1C 2. 1m I I I ~yor SbirIFY Horton ¡ 11I4 C.x¡MU Members Qy of Qluja VIS.' Ia SøI V'. Pax iZ16 F 0IIr1h À Value Quia Via~ CA 91910 . .' I Dtar MayoriHorton and Council Members: . I 011 behalf'ofthc S;m Diego Cøwuy Apar1ment Associa~on, I would like to expt'ellS our concerns wIIth The ¡UOPOaccl sewer rate inC'~e, . . , , Wbile we u¥mtsDd the need. to raile so\yer rates in order to meet the coSU of fcdcrally mI1Idat~ ÌIIIIprovœ¡ent8. we urge YO\¡ to consider the effect thai an unanticipat~.rate incmI$C wculdbave Þn the buainCSII community, ~y small businesses, such is multi-f'a1nily rental commimitiœ, operate' under Il!1 annual fjsclll budsct cycle, which was determined. iQc September . to 0ctQ'ber Or Jut year. With .this in n1ind. the proposed 60/0 annual increase d~g the c\ITRnt YOlrcoulc1pfueDi a problem for thosO that arc well into their budgets for 1999. Because ~fthe added finançi~ burden that this increase could place on many mila! bousîng . proviclcn,' ~ weII as other businesses in the City of Chul. Vista. we urge you to ~nsider th!! ·propoll:Cd.~ slNcture. We rccommlind. that instead of increuing the rates by 6% annm.l\)' for ~ 11m threie fiscal years, that you c\irc¡:t staft to fuUy explore the option of using re&erve fi¡nds to so~ th~ impact of the increase. . While the San Diego County Apartmcint Association does recognize the nceessi.ty of a sewer rate increase, wel ask that you pl~colUlidcr a rate structure that will minimize the fwancial impact on ratopay~ espceiaUy d\U'Ùlg the 1999 fileal year. If you havø ~ questions, please cont.:t Michelle Blumcn, Qovem.ment Relatio[)S R.lIJ'reaentatiive, at (619) 297. iOOO, cxt. 23S. . ," t I , Sillcerdy, I . ,. 1 :~ R.ebert ~ ~idCllt I I. _ tc: Public ""orks DepartmenVEngjneFrlng Division . . I I : i I ~727 CAiIoÌlNO oe, RIO ~UTH. SUITE 327. SJo¡N DIE~i CA 92108.. (ó19) 297-1CXXJ. FAX (/>19)294-<1510 ~ E-Mail; sdccaGaou:;om COUNCIL AGENDA STATEMENT Item: d-tJ Meeting Date: 6/8/99 ITEM TITLE: Public Hearing: PCM 99-09 / PCC 99-31: Consideration of an amendment to the Rancho del Rey SPA I Commercial District Regulations to allow self- storage facilities subject to approval of a Conditional Use Permit and associated Conditional Use Permit to allow a self-storage facility to be constructed at 810-812 Lazo Court in the C-1 Commercial District - Caster Group, LP. .52 I'l ¿J t Resolution:fÝ>'IJResolution of the City ofChula Vista City Council denying an amendment to the Commercial District Regulations of the Rancho del Rey Sectional Planning Area (SPA) Plan to allow for self-storage facilities to be considered subject to approval of a conditional use permit. In the alternative: Ordinance: ;7': ~rdinance of the City of Chula Vista City Council amending the Commercial District Regulations of the Rancho del Rey Sectional Planning Area (SPA I) plan to allow for self-storage facilities to be considered subject to approval of a conditional use permit "-JJ/~;J /9"?t77 Resolution: I If. Resolution of the City of Chula Vista City Council approving a conditional use permit to allow for the construction of a self- storage facility at 810-812 Lazo Court in the C-I Commercial District in the Rancho del Rey Planned Community, SUBMITTED BY: Director of Planning and Building $t Dire"'", ,r C,mm"",!y ~~! C;-, , REVIEWED BY: City Manage1l<- b¿J --:J 4/5 Vote: Yes - NoX The applicant, Caster Group LP" is requesting: I) an amendment to the Rancho del Rey SPA I Commercial District Regulations in order to allow self-storage facilites as a potential land use with approval ofa Conditional Use Permit and 2) a Conditional Use Permit to allow a 95,025 sq, ft, self- storage facility to be constructed at 810-812 Lazo Court in the C-I Commercial District on a 1.8-acre site. Based on an addendum prepared for EIR 87-01 (for requested amendment to SPA plan) and an ;JLl , / Page 2, Item No.: '20 Meeting Date: 6/8/99 Initial Study ( for the requested Conditional Use Permit), the Environmental Review Coordinator has concluded that there would be no significant environmental effects associated with either application, If the Council wishes to approve the application, the Environmental Review Coordinator recommends that the addendum to EIR 87-01 (prepared for the SPA amendment) be approved, In addition, an Initial Study has been prepared and the Environmental Review Coordinator recommends the Negative Declaration issued on IS 99-22 be adopted for the Conditional Use Permit should it be approved. STAFF RECOMMENDATION: That the City Council denv the amendment to the Commercial District regulations and associated Conditional Use Permit for a self-storage facility at 810-8 I 2 Lazo Court based on the findings contained in the attached City Council Resolutions, However, should the City Council decide to support the proposal, an Ordinance of Approval have also been provided for your consideration, BOARDS/COMMISSION RECOMMENDATIONS: On Wednesday, April 28, 1999, the Planning Commission considered the project There was considerable discussion by staff, the applicant and the Commission regarding the appropriateness of a self-storage facility at this location. While the preference of the Commission was to have more of a commercial use developed on the site (i.e. restaurant, offices), due to the length of time the property has been on the market as well as certain site constraints (including lack of visibility and distance from East "H" Street), the Commission voted 4-1-1-1 to recommend approval of the amendment to the Commercial District Regulations and 5-0-1-1 to recommend approval of the Conditional Use Permit, On Monday, May 3, 1999, the Design Review Committee was supportive of the project and voted 3-0-2 to conditionally approve the proposed project (DRC 99-42), The applicant is scheduled to bring back the recommended changes (which include minor changes/additions to architecture and colors) for review by the Committee on June 7, 1999, DISCUSSION: L Site Characteristics The self-storage facility is proposed for a 1,8 acre site located at the northwest corner ofLazo Court and the terminus of Paseo del Rey, The site is relatively isolated from existing development to the north, east and west due to topography and separation by roadways. It is adjacent to a bowling alley to the south. »'.2. Page 3, Item No.: 2,0 Meeting Date: 6/8/99 - 2, General Plan. Zoning and Land Use RDRI CURRENT GEN,PLAN ZONING SPA LAND USE Site: Retail PC C-! Vacant North: Open Space PC OS-! Open Space South: Retail PC C-1 Bowling Alley East: Retail PC C-1 K-Mart (retail) West: Retail PC C-1 PetSmart(retail) 3, Proiect Description The applicant is proposing an amendment to the Rancho del Rey (RDR) SPA I Commercial District regulations to allow self-storage facilities to be considered subject to a Conditional Use Permit. Additionally, the applicant is also requesting a Conditional Use Permit for a 95,025 sq, ft, self-storage facility on the subject site (810-812 Lazo Court), Land Use Under the C-I Commercial District Regulations (Rancho del Rey SPA I Plan), self-storage facilities are not considered a permitted or conditional use. The applicant requests I) an amendment to the Commercial District Regulations to allow self-storage facilities to be considered subject to approval of a Conditional Use Permit and 2) Conditional Use Permit to allow a self-storage facility with associated office on the subject site (810-812 Lazo Court) . within the Commercial District with associated office, Commercial District Regulations The project, as submitted, requests a deviation from the allowable building height/story restriction contained within the development regulations of the Commercial District. The Development Regulations state the maximum height is 35 feet or 2 stories whichever is less, Any deviations from these standards are subject to approval of a Conditional Use Permit. The proposed project is three stories (maximum height of 32 feet excluding architectural projections) and, therefore, a Conditional Use Permit is requested. ~"3 Page 4, Item No.: '21J Meeting Date: 6/8/99 - Parking The applicant is proposing a total of 13 designated parking spaces (including four handicapped spaces) as well as nine paraJlel parking spaces adjacent to the central driveway through the facility, There are no specific parking requirements for self-storage facilities contained in the Rancho del Rey SPA 1 Plan or the Municipal Code, 4, AnaJvsis Amendment to Specific Plan: Land UselMarket Compatibility In November, 1985, the City Council approved the creation of an 84.5(net) acre Employment Park District on the north side of East "H" Street in order to provide employment for residents of the Rancho del Rey and the City. The Employment Park District aJlows a limited number of commerciaJ uses intended to support the light industrial uses, Due to slow development ofthe Employment Park as well as commercial trends at the time, 55 acres of the westerly portion of this District were incorporated into a new CommerciaJ District in November of 1992. Prior to the creation of the CommerciaJ District, larger retailers were unable to find appropriate sites due to size, accessibility, environmentaJ constraints, etc, In addition to aJlowing subregionaJ retail businesses, the CommerciaJ District aJso aJlows other neighborhood serving uses i.e, heaJth clubs, restaurants, child care, nurseries and movie theaters, While self-storage facilities are a permitted use within the Employment Park District, there are not any parcels of land available for development within that District at this time, The applicant is requesting the proposed amendment to the CommerciaJ District in order to aJlow self-storage facilities within the Comercial District. At this time, the proposed amendment will affect only the subject site since it is the only remaining undeveloped parcel within the Commercial District. It would, however, apply to the entire District within the Rancho del Rey SPA 1 and potentiaJ future redevelopment. All of the other parcels within the Commercial District are currently developed, The applicant has prepared a "Development Proposal Information Package" for the proposed storage facility at the subject site, This package includes a market analysis indicating the need for storage facilities, Staff understands that the number of smaJler size lots in the newer planned communities has, and will continue, to generate the need for additionaJ storage space in the City, ;2.tl"f -~ Page 5, Item No.: 'ZO Meeting Date: 6/8/99 It should be noted, however, that self-storage facilities are allowed in other zones and there are several facilities that have been approved in the City within the last six months, These include: 1)"L Street Self Storage", (located just west ofI-5 between K and L Street), which was approved for a 70,574 sq, ft. storage facility 2) "Vanguard Self Storage", (located on Trousdale Street, south of Highway 54 and east of North Fourth Avenue), which was approved for a 110,600 sq, ft, storage facility; and 3) Eastlake Business Park Self Storage ,(located at the comer ofEastlake Parkway and Miller Avenue) which was approved for a 133,00 sq, ft. storage facility. There is also an existing facility known as "EastLake Self Storage" located at 2351 Boswell Road. Additional land has been set aside to provide for future expansion of this facility. All of these existing and proposed facilities are located within areas that allow this land use by right. The Community Development Department has concerns from an economic development perspective regarding proliferation of these types of facilities and will be working with Planning Staff to evaluate potential measures to address these concerns, In particular, staff plans to return with a recommended policy that would restrict self-storage facilities from locating within prime commercial and industrial zoned land, as well as other inappropriate locations, Staffs' reasons for not supporting the proposed amendment are as follows: · The proposed self-storage use was never envisioned as being a compatible land use at the time the Commercial District was established in this area of Rancho del Rey. · Developing the site with a "commercial" use would not necessitate an amendment to the development regulations of the SPA plan, · Although the site is located over 1,000 feet from East "H" Street (making some types of retail development somewhat unfeasible) there are many types of "commercial" uses which could occur and would be compatible with the surrounding land use (i.e., restaurant or offices), Other feasible commercial uses could include those which are more dependent on repeat customers from the surrounding area rather than those which are dependent upon visibility. Uses that could benefit from the proximity of the bowling alley would also be viable, · The Community Development Department has stated that from an economic development perspective, there is inadequate justification to amend the District regulations which provide the framework for a successful, energized shopping area, An allowed use such as office/restaurant would be preferable in terms of job creation and sales tax revenue (The proposed self-storage facility would generate an estimated $8,620/yr,; an office/restaurant would generate an estimated $25,600/yr,). An allowed office, restaurant or other service use would also create more jobs, (A 40,000 sq. ft, .2tJ / > -. Page 6, Item No.: 20 Meeting Date: 6/8/99 office, for example, would create approximately 150-225 jobs compared to a self-storage facilities' two full-time jobs), · Self-storage facilities do not create the same level of synergy with surrounding uses as would a typical office/restaurant/retail use, These latter types of commercial uses would provide a large number of retail customers or office clients who would then shop at other stores within the District. At the same time, the other stores within the District would provide customers for the allowed retail/office/restaurant use, For example, a family- oriented restaurant, or recreational type use would support the bowling alley and vice versa, The resulting synergy is important to a successful power center, · The proposed self-storage facility would be allowed by right in the nearby Employment Park District. The applicant's reasons for believing the project should be approved are as follows: · The self-storage facility will be designed in such a way as to "blend in" with surrounding commercial development. A combination oflandscaping and architectural treatment will ensure compatibility with surrounding area, · The applicants project site is physically isolated from surrounding development on three sides by slopes or roadway separation. · The applicant has conducted a market study indicating the need for self -storage facilities in the City, The applicants project site is a desirable location due to its close proximity to surrounding residential areas (existing and future) which contain a substantial number of small lot products as well as proximity to commercial users. Conditional Use Permit: Development Regulation: Height/Stories As previously stated, the applicant is requesting a deviation from the development standards concerning maximum height/stories allowed in the Commercial District. The standard indicates that a maximum of two stories or 35 feet (whichever is less) is allowed unless otherwise approved by a Conditional Use Permit. Staff has reviewed photos of other three story storage facilities and has visited other locations containing multi-story facilities, In addition, at staff's request, the applicant submitted a photo-simulation study to show how the proposed facility would appear visually from the surrounding area, Staff concluded that the facility could be architecturally designed in such as way as to minimize the appearance of three stories and, thereby, "blend in" with the surrounding area in terms of overall height and 2.tJ... ? Page 7, Item No.: '20 Meeting Date: 6/8/99 bu1k. Therefore, if the project were to receive approval of the Conditional Use Permit, staff would recommend the requested waiver to allow three stories be adopted. Parking The applicant is proposing a total of 22 striped parking spaces consisting of nine regular and one handicapped size space near the office in front of the facility. In addition, three additional handicapped spaces are proposed inside the facility close to access corridors and elevators and nine parallel spaces adjacent to the one way drive aisle proposed through the middle of the facility. It should be noted that roll-up storage doors opening to the outside will only be provided on the ground floor adjacent to the central driveway, Since neither the PC District Regulations of the Rancho del Rey SPA I Plan nor the Municipal Code contain parking requirements for self-storage facilities, staff has analyzed the adequacy of parking proposed for the project based upon: I) information provided by the applicant; 2) review of recently approved self-storage facilities within the City and; 3) survey of parking requirements for other jurisdictions within San Diego County, The applicant has conducted their own survey of parking demand based upon other facilites they operate throughout California. This survey indicates that a maxium of nine vehicles per peak hour can be anticipated for the size of the facility currently proposed, The applicant has also provided a summary of parking provided for all of the existing and recently approved self-storage facilities in Chu1a Vista (see Attachment 6), Staff has reviewed the parking criteria used for the most recently approved self-storage facilities in Chula Vista. In these two instances, staff only required designated parking spaces for the office or caretakers residence and none for the self-storage use itself. At the same time, the driveways were of sufficient width to accommodate parallel parking of vehicles adjacent to the ground floor units, It should be noted that both of the recently approved projects consisted of a combination of one and two story buildings, In contrast, the applicant is proposing two buildings consisting of three stories each which increase the need to provide for parking adjacent to the buildings to provide access to the upper floors. Staff surveyed other cities in the area to determine what parking standards they applied to self -storage facilities. The majority of cities surveyed indicate they had no specific parking requirement other than for the office/caretaker use, At the same time, they require wide drive aisles to accommodate tandem parking of vehicles closest to the ground floor storage units, A few cities have recently adopted an actual parking ratio for self-storage facilites, These ratios ranged from requiring I space per 1,500 square feet of storage area to I parking space per 5,000 square feet of storage area, In conclusion, staff believes the proposed parking is adequate for the size of the facility ;2.ð - ? .---- - - ~-,,_.- Page 8, Item No.: "2Ð Meeting Date: 6/8/99 - proposed and is consistent with other approved self-storage facilities within Chula Vista as well as with the standards used by other cities within the County. No additional parking areas (in the form of parallel parking spaces, parking lane or extra wide driveways) along other elevations of the proposed buildings will be necessary since ground floor storage units will not be accessible from the outside aisles, Synopsis For the reasons identified previously in this report, staff is not supportive of the SPA Amendment or associated Conditional Use Permit which would allow the self-storage use within the Rancho del Rey Commercial District We do believe, however, that the specific project, as conditioned by the Design Review Committee, is of a high quality and well designed, FISCAL IMPACT: All fees associated with the processing of the amendment to the Commercial District regulations and the Conditional Use Permit will be paid for by the applicant Attachments: 1. Planning Commission Minutes and Draft Resolution 2. Design Review Committee Letter of Conditional Approval 3. Vicinity Map 4. Negative Declaration prepared for IS 99-22/Addendum to EIR 87-01 5, Portion of RDR I SPA Commercial District Regulations 6. Applicant provided list of existing/recently approved self-storage facilities in Chula Vista 7. Comments from Community Development Department 8. Ownership Disclosure H:IJlOMfN'LANNINGVEFF\AJSEfFoa//3.doc o<ðr~ - RESOLUTION NO. I r.,~ ;¡.. - /9 5b ¡" RESOLUTION OF THE CITY OF CHULA VISTA CITY COUNCIL DENYING AN AMENDMENT TO THE COMMERCIAL DISTRICT REGULATIONS OF THE RANCHO DEL REY SECTIONAL PLANNING AREA (SPA) PLAN TO ALLOW FOR SELF STORAGE FACILITIES TO BE CONSIDERED SUBJECT TO APPROVAL OF A CONDITIONAL USE PERMIT L RECITALS A, Project Site WHEREAS, the property which is the subject matter of this Resolution is diagrammatically represented in Exhibit A (Project Site) B. Project; Application for Discretionary Approval WHEREAS, on February 24,1999, Caster Group, L.P, filed an application for an amendment to the Rancho Del Rey Sectional Planning Area (SPA) Plan; and WHEREAS, the proposed amendment is to allow self storage facilities within the boundaries of the Commercial District of Rancho del Rey subject to approval of a Conditional Use Permit; and C. Planning Commission Record on Application WHEREAS, the Planning Commission held an advertised public hearing on said Project on April 28, 1999, and voted 4-1 to recommend that the City Council approve the Project; and, D, City Council Record of Applications WHEREAS, a duly called and noticed public hearing was held before the City Council of the City of Chula Vista on May 18, 1999 on the Project, received the recommendations of the Planning Commission, and heard public testimony with regard to the same. II, PLANNING COMMISSION RECORD The proceedings and all evidence introduced before the Planning Commission at their public hearing on this project held on April 28, 1999, and the minutes and resolutions resulting therefrom, are hereby incorporated into the record of this proceeding. NOW, THEREFORE BE IT RESOLVED that the City Council hereby find, determine and resolve as follows: IIL COUNCIL DIRECTION The City Council of the City ofChula Vista hereby directs that the commercial district regulations not be amended to allow self-storage facilities to be considered in the Commercial District subject to approval of a Conditional Use Permit and hereby denies the Project based upon the evidence presented and the findings ck?,4 -/ - Resolution No. Page 2 provided herein. IV, SPA FINDINGS A. THE PROPOSED SECTIONAL PLANNING AREA PLAN IS IN CONFORMITY WITH THE GENERAL DEVELOPMENT PLAN OF THE P-C ZONE, ANY ADOPTED SPECIFIC PLANS, AND THE CHULA VISTA GENERAL PLAN AND ITS SEVERAL ELEMENTS, Self storage facilities are generally classified as a "light industrial" use type and, as such, are not in conformity with "commercial" types of uses which are typically allowed within the Commercial District. Allowing a self-storage facility to be considered within the Commercial District necessitates amending the adopted Commercial District Standards, This will reduce the amount of commercial services which would otherwise be available within the District. Allowing a self-storage use will result in an incompatibility of site and building design within the commercial area. "Light industrial" uses typically are less attractive to the general public in terms of noise, fumes, dust, less vehicular accessibility and parking, At the same time, "light industrial" uses typically do not have the same need for visibility to the public as a commercial use would have, There are enough types of commercial uses which are permitted within the Commercial District that a suitable commercial use can be found for all properties within the District without requiring further amendments, The proposed amendment will not affect the Rancho del Rey SPA I General Development Plan nor the City's General Plan, since both will retain the commercial/retail designation, B. THE PROPOSED SECTIONAL PLANNING AREA PLAN WOULD PROMOTE THE ORDERLY, SEQUENTIALIZED DEVELOPMENT OF THE INVOLVED SECTIONAL PLANNING AREA PLAN, The proposed amendment will not promote orderly sequentialized development of the area, The subject site is the only undeveloped parcel remaining within the Commercial District. All previously developed surrounding sites contain commercial type of development. A self- storage use is not compatible in a "commercial" area in that the nature of the use is "light industrial". There are many types of "commercial" uses, ranging from retail to recreational which are allowed by right in the Commercial District. Depending on the particular site characteristics, some of these allowable uses may be more appropriate than others. However, self-storage facilities do not share enough common characteristics with commercial type development in terms of sitelarchitectural design and services provided to make it a consideration, Finally, it is anticipated that the proposed use will not lead to job generation which would otherwise occur as a result of commercial development. C. THE PROPOSED SECTIONAL PLANNING AREA PLAN WOULD NOT ADVERSELY AFFECT ADJACENT LAND USE, RESIDENTIAL ENJOYMENT, CIRCULATION OR ENVIRONMENTAL QUALITY. The proposed amendment could adversely affect adjacent land uses in that it would allow "light industrial" land uses within an otherwise commercially developed area, The subject site is the only undeveloped parcel remaining within the Commercial District. All previously developed ;l¡J~-). ! -. Resolution No, Page 3 surrounding sites contain commercial type of development. The project is not an appropriate land use in this area. Allowing a "light industrial" use at this location will reduce the amount of commercial development available to service the surrounding areas. Presented by Approved as to form by Rober! A Leiter ~~~ John M. Kaheny Director of Planning City Attorney H:\SHARED\PLANNING\JEFF\AISELF.DSP ;2¿);1-;s - -- --_._-_._.~ EXHIBIT "A" \ '---- I , ! I M/9-J( ORDINANCE NO, .l ')9) AN ORDINANCE OF THE CITY OF CHULA CITY COUNCIL AMENDING THE COMMERCIAL DISTRICT REGULATIONS OF THE RANCHO DEL REY SECTIONAL PLANNING AREA (SPA) I PLAN TO ALLOW FOR SELF-STORAGE FACILITIES TO BE CONSIDERED SUBJECT TO APPROVAL OF A CONDITIONAL USE PERMIT A. RECITALS L Project Site WHEREAS, the property which is the subject matter of this Ordinance is diagrammatically represented in Exhibit A ("Project Site") 2. Project Applicant WHEREAS, on February 24, 1999, Caster Group, LP, filed an application for an amendment to the Rancho del Rey Sectional Planning Area (SPA) Plan; and 3. Project Description; Application for Miscellaneous Amendment WHEREAS, the proposed amendment to the SPA Plan, consists of amending the land use allowances ofthe Commercial District to allow self-storage facilities subject to approval of a Conditional Use Pennit ("Project"); and 4, Planning Commission Record on Application WHEREAS, the Planning Commission held an advertised public hearing on said Project on April 28, 1999 and voted 4-0 to recommend that the City Council approval the project, based upon the findings listed below; and, 5, City Council Record of Applications WHEREAS, a duly called and notice public hearing was held before the City Council of the City ofChula Vista on June 8, 1999, and the minutes and resolutions resulting therefrom, are hereby incorporated into the record of this proceeding. B. PLANNING COMMISSION RECORD The proceedings and all evidence introduced before Planning Commission at their public hearing on this Project held on April 28, 1999, and the minutes and resolutions resulting thererrom, are hereby incorporated into the record of this proceeding, :2..tJ ß // - Ordinance No, Page 2 C. ENVIRONMENTAL DETERMINATION The City's Environmental Review Coordinator has reviewed the Project and prepared an addendum to the Rancho del Rey SPA Environmental Impact Report (87-01), which concluded that amending the Commercial District Regulations to allow self-storage facilities to be considered within the District boundaries subject to a Conditional Use Pennit would result in only minor technical changes or additions which are necessary to make the EIR adequate under CEQA and that none of the conditions of Section 15162 have occurred. The addendum has been prepared in accordance with the requirements of the California Environmental Quality Act, State Guidelines thereto and the Environmental Review Procedures of the City. D. PREVIOUS EIR 87-01 REVIEWED AND CONSIDERED; FINDINGS; APPROVALS The City Council ofthe City ofChula Vista has previously reviewed, analyzed, considered and certified EIR 87-01 (Rancho del Rey SPA I). E. INDEPENDENT JUDGMENT OF CITY COUNCIL The City Council finds that the addendum prepared to EIR 87-0 I reflects the independent judgment of the City Council of the City of Chula Vista and hereby adopts the Addendum to EIR 87-01. F. SPA FINDINGS I. THE PROPOSED SECTIONAL PLANNING AREA PLAN IS IN CONFORMITY WITH THE GENERAL DEVELOPMENT PLAN OF THE P-C ZONE, ANY ADOPTED SPECIFIC PLANS, AND THE CHULA VISTA GENERAL PLAN AND ITS SEVERAL ELEMENTS. The proposed amendment is in confonnity with the Rancho del Rey SPA I General Development Plan and the Chula Vista General Plan. A self-storage facility can be designed in such a way as to "blend in" with surrounding commercial development If adopted, the proposed amendment would allow self storage uses to be incorporated into the conditionally pennitted land uses of the C-I Commercial District. Said uses would require further review for site specific land use compatibility and the approval of a Conditional Use Pennit. The proposed amendment will not affect the Rancho del Rey SPA I General Development Plan nor the City's General Plan, both of which will retain the commercial/retail designation. 2. THE PROPOSED SECTIONAL PLANNING AREA PLAN WOULD PROMOTE THE ORDERLY, SEQUENTIALlZED DEVELOPMENT OF THE INVOLVED SECTIONAL PLANNING AREA PLAN. ,2.tJ!J;"J..- -------_..._----"--"--- Ordinance No. Page 3 It is anticipated that the proposed amendment will not affect the orderly development of properties within the Commercial District in that all properties within the Commercial District other than the subj ect site are already developed. In addition, the use will still require the approval of a Conditional Use Permit to insure land use compatibility. 3. THE PROPOSED SECTIONAL PLANNING AREA PLAN WOULD NOT ADVERSELY AFFECT ADJACENT LAND USE, RESIDENTIAL ENJOYMENT, CIRCULATION OR ENVIRONMENTAL QUALITY, It is anticipated that the proposed project will not adversely affect adjacent land uses, residential enjoyment or environmental quality. The project site is physically isolated from surrounding developments on three sides by slopes or roadway separation. The applicant will utilize a combination or landscaping and architectural treatment in order for the facility to be compatible with the surrounding area. It is anticipated there will be no adverse impacts on circulation or environmental quality in that the site has been previously rough graded and the traffic generation will be less than that of a typical commercial project. G. COUNCIL ACTION The City Council ofthe CityofChula Vista hereby amends Chapter IX-B of the Rancho del Rey SPA I Commercial District Regulations to add self-storage facilities as a conditionally permitted use within the boundaries of the commercial District subject to further review and approval of a Conditional Use Permit and directs that all applicable sections of the Commercial District Regulations be amended to reflect same. H. EFFECTIVE DATE OF THIS ORDINANCE This Ordinance shall take effect and be in full force the thirtieth day from its adoption. Presented by Approved as to form by (k ~~ ~ Robert A. Leiter John M. Kaheny Planning & Building Director City Attorney H:\SHARED\PLANNING\JEFF\AISELF.ORD ;¿~ß"J ---- ---_.~.~..- EXHIBIT "A" " .------------ , ;../ --. . ------.' '-, '..-------..-.. _..-// -- ---- ,- ./ /'- - -'" .' ----- - " ./ "- ' -'- ---- ,-,'" .; _/\/.~:.~~ /.- :-.; ~ - --- --=:.== .~ //--~ / '. "- ", ~_ ~ ,¡- I _-----' _ '- ./ , ! .~, ' " ,--- _- -~ -~: 1_--, .>.~---: F '/,./ / '-.r...-.............. - ,~ --- -- -- ~," ~/ ¡, -'v" ---- ,/ " "- " / Î'-----."'-. ",,- ~~ ~- ~ ---.----' \ /..~/.. / \ " /...-----'/./ /",',. ~/ /-----. " ~......... ; ~- ;--~ --- ...-----. '. ~. ,\...---/ ,----- - / /.... "', "'" "Á." ~ r--_ .--, /.' / /'i .,....--. /' " ' ¡ ) ~ ",..I' )~,<:>¿~¡/< \,:--.?,\~ ---- ! '-.,~ ___ \--'.'Iv, /~-, '~\' ¡ '/' ! \ \~,..) ./"/ '; --------- PROJECT / ~'\/~ \ / ~ \ ~.--1--"/ \/LOCATION / - /-.......... . -----'.. ..------- ~. -- ~ '-., --- ~ '" I ___---===-- - ........... /~ --~. '"'" .,/ .~ .... - / ....J __ - ----'- ,'\// ".,¡¡¡- HOM:=a::' D:=POï -_______ ¡¡:j P:=ïSMARï _ _ ____ 0' ::::>, D /~ ---.-- .-....~---....,.....__ w__ - .........., "'_ U) '-~'.::::::.::.,-~___ _ é -- 3RUNSWICK .----- _......... ------.=:.:-::::::::::::_ BOWLING LAN:=S ----------- -',,-- .--, --------- ~ ----- i--- EASï "H" SïREEï ~\'ì---- i /.-r' , ¡",'\ .~ \ ~ "/ """" \ , ! . ! / / f , / : : " ,f t---./' --.J...__ \1 ......----:' I I '-..i....¡¡~.~ '~.'" ," ., -__ ,,~ /' ,'! ~ í :. ........¿' 1--' \ i ; '. .. --'::- .' ////. \ i: "-)/~,;,. .;,........... ";;:. '~. ,,' I j\ , . ~¡ ^'>. .~' ¡.." .......... !.~/ // /1 ,/,' /,' ,/)\ \'" '" "~/ /"'¡ .. ( !-L' i ! ! ,'.._,:,.........../ ......... -....."" ,.., ~. ,~ '-<J__~_.. '1-----'- ,ii......; if. 'Z¡j/i~------'¡ ,,'..:...... ~ ' ,',. '.' ,-. . , ',' I I.. '-"'" '>'/... '__ _').' ,/' i',." \ \, .....-____.....'~' ¡' ___~_"- ','.~"-,,,-_, , . :--..:'-.....,. . " . '-.............. J" , . -/ ( ," ,/' /' // ," ,/ /,' ,/'\ '~" ", ------ '''''':_-, "'"-' , , I' I , ' ' "" _____ )___,::<-/ //1.. ..'.. ¡ . .' ¡", \" . >---............_ //':""-~:,',"/,'/ "", ---....... ~............~..../, /, ~\ ..........~ . i/'i).?') .' <:/// \~,/\\\ : '--""""'_--.... "---Li..../ (',>-- ......... / ',,- '" '< >. f-.. -'--...... ,_ " -............../.... ~..j,',~" 'Y"" \ .--.--.. ! .' I ,/ ,/ '.... ", ' / CHUlA VISTA PLANNING AND BUilDING DEPARTMENT LOCATOR PROJECT A-1 Mini Storago PRDJECTDESCRIP1l0N: Œ) APPUCANT: " CONDITIONAL USE PERMIT :g~;k: 840 Lazo Ct. Request Proposal for mini self storage facility, SCALE: FILE NUMBER: NORTH No Scale PCC-99-31 Related Cases: PCM9909, 159922, DRC9942 h:\home\planning\carlos\locators\pcc9931,cdr 3/12/99 e2.tJ ß" if RESOLUTION NO. J.# 'f¿;J J '1 µ 7 RESOLUTION OF THE CITY OF CHULA VISTA CITY COUNCIL APPROVING A CONDITIONAL USE PERMIT TO ALLOW FOR THE CONSTRUCTION OF A SELF STORAGE FACILITY AT 810-812 LAZO COURT IN THE C-l COMMERCIAL DISTRICT IN RANCHO DEL REY PLANNED COMMUNITY. 1. RECITALS A. Project Site WHEREAS, the property which is the subject matter of this Resolution is diagrammatically represented in Exhibit A (Project Site) B. "Project"; Application for Discretionary Approval WHEREAS, on February 24,1999, Caster Group, L.P. filed an application for an amendment to the Rancho Del Rey Sectional Planning Area (SPA) Plan and a Conditional Use Permit; and WHEREAS, a Conditional Use Permit request was submitted for consideration ofa self storage facility at 860 Lazo Court within the Commercial District Regulations; and WHEREAS, the applicant request a deviation ITom the development standards of the Rancho del Rey SPA I Commercial District Regulations in order to allow an increase ITom a maximum of 2 story structures to 3 story structures; and C. Planning Commission Record on Application WHEREAS, the Planning Commission held an advertised public hearing on said Project on April 28, 1999, and voted 5-0 to recommend that the City Council approve the Project, based upon the findings listed below; and, D. City Council Record of Applications WHEREAS, a duly called and noticed public hearing was held before the City Council of the City of Chula Vista on June 8, 1999 on the Project, received the recommendations of the Planning Commission, and heard public testimony with regard to the same. E. The City's Environmental Review Coordinator has conducted an Initial Study, IS 99-22 of possible environmental effects and prepared the Negative Declaration issued on Is 99-22. II. PLANNING COMMISSION RECORD The proceedings and all evidence introduced before the Planning Commission at their public hearing on this Project held on April 28, 1999, and the minutes and resolutions resuIting therefrom, are hereby incorporated into the record of this proceeding. c2CC-/ Rf'~o111tl0n No P"8P ? NOW, THEREFORE BE IT RESOLVED that the City Council does hereby find, detennine and resolve as follows: III. ENVIRONMENTAL DETERMINA nON A. The City Council hereby finds that Negative Declaration issued on IS 99-22, on file in the City Planning and Building Department, has been completed in compliance with the California Environmental Quality Act, and the State Guidelines thereto, and that the City Council has exercised independent judgement in the review and consideration of the Project. B. The City Council finds, based upon the Initial Study and any comments received, that there is no substantial evidence that the Project will have a significant effect on the environment and, therefore, the Negative Declaration issued on IS 99-22 is hereby approved. IV. CONDITIONAL USE PERMIT FINDINGS The City Council of the City ofChula Vista does hereby make the findings required by the City's rules and regulations for the issuance of conditional use permits, as hereinbelow set forth, and sets forth, thereunder, the evidentiary basis, in addition to all other evidence in the record, that pennits the stated findings to be made. A. THAT THE PROPOSED USE AT THE LOCATION IS NECESSARY OR DESIRABLE TO PROVIDE A SERVICE OR FACILITY WHICH WILL CONTRIBUTE TO THE GENERAL WELL BEING OF THE NEIGHBORHOOD OR THE COMMUNITY The applicant has provided a market analysis indicating the need for self-storage facilities in the City of Chula Vista. The location is desirable due to its close proximity to surrounding residential areas (existing and future) which contain a substantial number of small lot products, B. THAT THE USE WILL NOT, UNDER THE CIRCUMSTANCES OF THE PARTICULAR CASE, BE DETRIMENTAL TO THE HEALTH, SAFETY OR GENERAL WELFARE OF PERSONS RESIDING OR WORKING IN THE VICINITY OR INJURIOUS TO PROPERTY OR IMPROVEMENTS IN THE VICINITY. The project, as proposed, will not have a detrimental effect upon health, safety or general welfare of persons residing or working in the vicinity, The site is somewhat isolated from surrounding development due to slope conditions and separation by roadways, except for the Bowling Alley located directly to the south. The combination of architectural treatment and landscaping proposed will allow the use to appear visually compatible with surrounding development. Roll up doors will not be visible from surrounding properties. C. THAT THE PROPOSED USE WILL COMPLY WITH THE REGULATIONS AND CONDITIONS SPECIFIED IN THIS CODE FOR SUCH USE. .J.t7 ¿; -' ;¿ Rpl::.nlnflnn Nn p"gP i The proposed use must comply with all development standards contained within the Commercial District and overall Planned Community Regulations of the Rancho del Ray SPA I Plan with the exception that the adoption of this Conditional Use Permit will allow construction of a three story facility. The Commercial District Development Standards restrict buildings to two stories unless otherwise approved through adoption ofa Conditional Use Permit. The proposed three story facility will be constructed in such a way as to minimize any negative impacts of allowing an additional story. Overall height is consistent with other surrounding existing developments. In addition, approval of the proposed use is contingent upon compliance with all conditions contained within this Resolution. D. THAT THE GRANTING OF THIS CONDITIONAL USE WILL NOT ADVERSELY AFFECT THE GENERAL PLAN OF THE CITY OR ADOPTED PLAN OF ANY GOVERNMENT AGENCY. The proposed Conditional Use Permit will not affect the City's General Plan or the Rancho del Rey SPA 1 General Development Plan, as amended, both of which will retain the commercial/retail designation. V. TERMS OF GRANT OF PERMIT The City Council hereby grants Conditional Use Permit PCC 99-31 subject to the following conditions whereby the Applicant shall: 1. A. Prior to submittal for building permits, applicant shall submit revised site plan/architectural elevations incorporating all conditions of approval of the Design Review Committee. B. The project shall be constructed as described in the application, and the requirements stated herein, 2. Comply with all requirements of the Building Division including, but not limited to, the following: A. Loading at handicapped parking needs to be on passenger side of spaces at Building 2. B. Applicant shall provide calculations for fence. C. Applicant shall provide location of exiting for all sections of building to show compliance with maximum distance to exits and compliance with all handicapped requirements. D. Applicant shall show one hour fire wall and non combustible construction for walls adjacent to driveway between buildings (less than 20 feet to center of driveway). 3. Prior to issuance of building permits, submit a detailed lighting plan (incorporating the use oftransition lighting) to the Planning Division and Crime Prevention Unit for review and approval. Interior lighting shall be shown for storage rooms, hallways, lobbies, office and elevator. Exterior lighting should include pole and building mounted night lighting inside the complex in addition to perimeter lighting. 4. Prior to issuance of building permits, contact the Crime Prevention Unit at (619) 691-5127 to schedule a security evaluation. Incorporate recommendations from the Crime Prevention Unit into design of the facility. Storage units should be designed and constructed to prevent thefts and burglaries. 5. Comply with all requirements of the Chula Vista Fire Department including the following: c1.ð ¿.. ;r .- Rp~nlllti(m Nn p"gP .:1 A. 4000 GPM water flow required. If not available, water lines must be upgraded B. 2AlOBC extinguishers required. Travel distance not to exceed 75 feet. C. Knox switch required for gate. D. Dry standpipe required per Fire Department. E. Submit fire sprinkler plans to Fire Department for review and approval. 6. Comply with all requirements of the Engineering Department including, but not limited to, the following: A. Prior to issuance of building permits, fees for sewer connection, development impact and traffic signal fees must be paid as applicable. B. Obtain a construction permit to perform work within the City's right of way. Applicant shall construct one driveway approach per Chula Vista Standards. C. If the total on-site excavation exceeds the requirements prescribed by the City of Chula Vista Grading Ordinance Number 1797 Section 15.04.150, a grading permit will be required. 7, Comply with all City ordinances, standards, and policies except as otherwise provided in this resolution. Any violation of City ordinances, standards, and policies, or any condition of approval of this Conditional Use Permit or any provision of the Municipal Code, as determined by the Director of Planning, shall be grounds for revocation or modification of this Conditional Use Permit by the City of Chula Vista. 8. No storage units shall be used for any commercial, office, or retail uses other than a designated office/retail space necessary for the operation of the storage facility itself. 9. Applicantloperator shall hereby agree to indemnify, protect, defend and hold harmless the City, its Council members, officers, employees, agents and representatives, from and against any and all liabilities, losses, damages, demands, claims and cost, including court costs and attorneys' fees (collectively, "liabilities") incurred by the City arising, directly or indirectly, from (a) City's approval and issuance of the Conditional Use Permit, (b) City's approval or issuance of any other permit or action, whether discretionary or non-discretionary, in connection with the use contemplated herein, and, (c) Applicant's installation and operation of the facility permitted hereby. Applicant' sloperator' s compliance with this provision is an express condition of this Conditional Use Permit and this provision shall be binding on any and all of the Applicant's/operator's successors and assigns. 10, This permit shall be subject to any and all new, modified or deleted conditions imposed after approval of this permit to advance a legitimate governmental interest related to health, safety or welfare which the City shall impose after advance written notice to the Permittee and after the City has given the Permittee the right to be heard with regard thereto. However, the City, in exercising this reserved rightlcondition, may not impose a substantial expense or deprive Permittee of a substantial revenue source which the Permittee cannot, in the normal operation of the use permitted, be expected to economically recover. II. This Conditional Use Permit shall not be granted without prior or concurrent approval of amendment to the Rancho del Rey SPA I Commercial District Regulations to allow self-storage uses to be .2..Cl c- - tf - Rp~ohltion No p"gp'i considered within the District subject to a Conditional Use Permit. 12, A separate sign permit shall be required for any signage proposed for this project. 13. Hours of operation shall be restricted to 7:00 a.m. to 7:00 p,m. everyday. Any change in hours of operation must be requested and approved by the Zoning Administrator. 14. Outdoor storage of any kind is prohibited. 15. No business shall be conducted from the site which involves the rental of vehicles or moving trucks. 16. There shall be no attendant living on-site, VI EXECUTION AND RECORDATION OF RESOLUTION OF APPROVAL Applicant shall execute and have notarized the attached Agreement indicating the Applicant has read, understands and agrees to the conditions of approval contained herein, and will implement the same. VII. INVALIDITY; AUTOMATIC REVOCATION It is the intention of the City Council that its adoption of this Resolution is dependent upon the enforceability of each and every term, provision and condition herein stated; and that in the event that anyone or more terms, provisions or conditions are determined by a Court of competent jurisdiction to be invalid, illegal or unenforceable, this resolution and the permit shall be deemed to be automatically revoked and of no further force and effect ab initio, Presented by CL-~ - Robert Leiter John M. Kaheny Director of Planning and Building City Attorney H:\SHARED\PLANNING\JEFF\A1SELF.CUP -- ,J..tJ ¿ - ~ - --------------.. ",---. EXHIBIT "A" i-d:±:J ' HI--:-' >--I~ H---...¡, ¡ i~ - - ~oZ..c IJTTACHM£NT I Planning Commission Minutes - 2 - April 28, 1999 2. PUBLIC HEARING: PCC-99-31/PCM-99-09¡ Consideration of an amendment to the Rancho del Rey SPA 1 Commercial District Regulations to allow self-storage facilities subject to approval of a Conditional Use Permit and associated Conditional Use Permit to allow a self-storage facility to be constructed at 860 Lazo Court in the C-1 Commercial District - Caster Group, L.P. Chair Willett stepped down from the dais due to a conflict of interest. Vice-Chair Thomas presided as Chair for this public hearing. Background: Jeff Steichen, Associate Planner reported that Caster Group, L.P. is requesting: 1. An amendment to the Rancho del Rey SPA 1 Commercial District Regulations in order to allow self-storage facilities subject to approval of a Conditional Use Permit, and 2, A Conditional Use Permit to allow a self-storage to be constructed at 860 Lazo Court in the C-1 Commercial District on a 1,8-acre site, Amendment to Specific Plan The proposed 1,8 acre project site is located within the Rancho del Rey SPA I Plan which under the C-1 Commercial District Regulation currently does not allow self-storage uses. Although the SPA amendment would encompass the entire commercial district, the project site is the only remaining vacant parcel within the district Staff from the Planning Department and the Community Development Department are recommending that the Commercial District Regulations not be changed for the following reasons: 1. Staff does not believe that this is the best use in terms of economic viability, creating employment and generating tax revenue, 2, It does not create the synergistic effect that you try to create in a commercial center, and 3, It is located within a high commercial activity area and could potentially create a "dead zone" area, particularly in the evening when there is reduced activity. It should be noted that if the Commission determines that this is an appropriate type of land use for this area and approves the district regulation amendment, staff believes that this is a high- quality proposal and would then recommend approval of the Conditional Use Permit Conditional Use Permit The project consists of a 95,000 sf storage facility and will be divided into two 3-story buildings separated by a 30 foot wide drive aisle, Staff requested that the applicant submit a photo- simulation study to show how the facility would appear visually from the surrounding area and concluded that it could be architecturally designed in such a way as to minimize the appearance of three stories. Since the district regulations allow a maximum of 2 stories or 35 feet, if the CUP is approved, staff would request a waiver to the height requirements to allow three stories, I .~ __._·_._·___·m__·_·_____~·_ Planning Commission Minutes - 3 - April 28, 1999 Since neither the PC District Regulations nor the Municipal Code contain parking requirements for self-storage facilities, both staff and the applicant conducted parking analysis based on review of other approved storage facilities located within the City and other jurisdictions, The applicant's analysis which was based on 25 other storage facilities they operate, indicated that a maximum of 9 vehicles per peak hour can be anticipated and is therefore proposing a total of 22 parking spaces; 18 regular, and 4 handicapped spaces located at various sites throughout the project. After review of both parking analysis, staff concluded that the proposed parking is adequate for the size of the project and is consistent with other approved self-storage facilities within Chula Vista, Staff recommendation: Based on incompatibility of land use, the fact that self-storage uses are allowed by right in the nearby Employment Park District, and other locations throughout the City, staff recommends denial of both the SPA amendment and associated Conditional Use Permit. Commission Discussion: Commissioner Hall asked if there were any projections of what the potential employment could be for this site under the allowed land use, and if there is any particular reason why there has been difficulty in marketing this site, Cheryl Dye, Economic Development Manager, responded that she did not have the employment projection, however, the property owner has indicated that the site is suitable for a 40,000 sf office facility or a 6,000 sf full-service restaurant. Ms, Dye further stated that from a marketing stand point, there is no dispute that the site has visibility limitations which is a deterrent to any commercial establishment who's viability lies on visibility to the public. An office use, however, would be adequate because this would be a destination-oriented establishment. Commissioner Castaneda reaffirmed his understanding of the proposal in that the facility would not allow any vehicle storage or rentals and that everything that is allowed to be stored will be contained within the confines of the storage units themselves, Mr. Steichen responded that if approved, the CUP would contain a condition that prohibits the storage of vehicles or moving truck rentals, Commissioner Thomas stated that another consideration that should be factored in is the loss in revenue to the City by having the site unoccupied, In addition, southwest Chula Vista seems to have experienced a saturation of these types of facilities, however, the developing area east of 1- 805 has a shortage which will only get worse as the area builds-out. .;:¿ Planning Commission Minutes - 4 - April 28, 1999 Public Hearing Opened 7:23 Brian Caster, Caster Family Enterprises, 4607 Mission Gorge Place, San Diego, CA, applicant, gave a power-point presentation on the proposal. Mr. Caster reported that they have conducted an analysis of over 18,000 customers they serve throughout the25 facilities they operate in order to establish an accurate profile of the clientele they serve as well as to determine what should be the optimal demographics and make-up of the community when considering opening a new location, The proposed site meets most of the conditions they are seeking, which includes: - 50% homeowners - 50% multi-family residential - the average age is 30 to 35 years - a population of approximately 125,000 within a 3 mile radius, and - income of $50,000 + One of the biggest concerns their 18,000 + customers have indicated is their desire for service that is clean, efficient and in close proximity to their home, The project includes state-of-the-art security amenities, a creative landscaping plan, and the building design is innovative, minimizing any concerns with aesthetic incompatibility to the surrounding commercial sites, More importantly, the project will provide a service to a fast growing community that is experiencing a shortage of storage facilities that are located in close proximity to their home, Therefore he urged the Commission's approval of the project Craig Clark, C.W. Clark (seller) , 4130 La Jolla Village Drive #405, La Jolla, CA, gave a brief overview of his experience and credentials establishing his expertise in the industry. He is general partner with Paseo Corners Limited and three other partnerships that have developed properties within Rancho Del Rey who built Pet-Smart, Chili's, May tag, Regal Cinemas, Pep Boys, Krauses, and Rubio's, has owned a brokerage company with 60 employees, and has been involved with over 165 shopping centers throughout San Diego County over the last 25 years. Mr. Clark stated that they have offered and exhausted every known incentive in the industry in an attempt to attract buyers or leasees, to no avai I. Three different storage facilities offered to buy the site before The Caster Group expressed an interest in purchasing it, but they decided to turn down the other storage-facility offers. Mr. Caster has been approached by some major tenants like Office Depot and Staples who want to be in Rancho Del Rey, but have declined after visiting the site and realizing that there is not enough visibility from the major thoroughfare. The Caster Group represents a clean, responsible, substitute user from what everyone would prefer to see in that location and urged the Commission to approve the project 3 -, Planning Commission Minutes - 5 - April 28, 1999 Craig Fukuyama, 2727 Hoover Avenue, National City, CA representing McMillin and Rancho Del Rey Partnership stated that the land has been sitti ng vacant for 10 years. Supporting Mr. Clark's comments on how difficult it has been to market the property, he stated that the Mello- Roos and assessment district costs have also been a deterrent in selling the property, The Partnership supports the application and believes that the applicant has attempted to find a tenant that is more compatible with the existing retail operations, but has been unsuccessful. Caster Group has taken numerous good-faith measures by self-imposed a number of characteristics and conditions that they intend to apply to themselves to make this property and this use compatible ranging from security, landscaping, fencing, and hours of operation and for this reason Mr. Fukuyama urged the Commission to support the project Cheryl Cox, Cox and Associates, 647 Windsor Circle, Chula Vista, CA representing the Caster Group in closing, stated that the applicant has adequately and in good-faith addressed the concerns that staff raised with regard to adequate parking, and issues related to building height The applicant has committed $6 million dollar for this project which will include state-of-the-art security systems and fencing and any law enforcement concerns are minimal to non-existent, which would not be the case in any other type of retail business, Lastly, Ms, Cox stated that the loss of revenues to the City will continue as long as the property remains vacant, and therefore urged the Commission to approve the project Public Hearing closed 7:55 Commission Castaneda stated he understood staff's position in opposing the project based on the economic impacts to the City, however, having been out of the recession now for about 2 years, enough time has gone by whereby if there were going to be any of the envisioned tenants, they would have already come forward. Realistically, this may not happen because of the reasons that have already been stated with visibility problems, therefore, he supports the project Commissioner Ray expressed concern with the City making a hasty decision now and was concerned with the loss of revenue under the proposed land use, He believes the City would be short-selling itself by not holding out for the right commercial use to come forward, therefore, he does not support the project Commissioner Tarantino stated the applicant has done an excellent job in marketing his proposal and it is evident by the power-point presentation that he operates all of his facilities with utmost professionalism, efficiency and strives to design a product that is aesthetically pleasing to the eye, and compatible with adjacent commercial uses, therefore, he supports the project Commissioner Thomas stated he agrees somewhat with Commissioner Ray's statement about holding out for the best commercial user, however, he also believes it may not ever attract the type of user that the City had envisioned for that location, He supports the project for the following reasons: 1) the project is first-class in its genre; 2) would be fulfilling a demand for this type of facility in the area; and 3) will generate some evenly dispersed traffic to the area who will patronize other commercial sites. y - Planning Commission Minutes - 6 - April 28, 1999 Commissioner Hall stated that holding out for something that mayor may not come down the line, that is economically-driven, in his opinion is not a wise risk to take because there are no guarantees when it comes to a volatile economy; one day it is strong, the next day it can dip into a recession. We have a first-rate proposal at hand, therefore, he support the project for the reasons stated earlier, MSC (Tarantino/Castaneda) (4-1-1-1) recommending to the City Council the approval of an amendment to the Rancho Del Rey SPA 1 Commercial District Regulations to allow self~orage facilities subject toapproval of a Conditional Use Permit. Motion carried with Commissioner Ray voting against the motion. MSC (Tarantino/Castaneda) (5-0-1-1) to approve a Conditional Use Permit to allow a self~orage facility with the inclusion of the following conditions: 1) to waive the height restriction to allow a 3 story building, 2) that no outside storage be allowed, 3) that no rental of moving trucks be allowed, and 4) that there will be no attendant living on-site. Motion carried. Chair Willett resumed his seat at the dais. DIRECTOR'S REPORT: Jim Sandoval, Assistant Director of Planning, reviewed the calendar of upcoming meetings, COMMISSIONERS COMMENTS: ADJOURNMENT at 8:30 p.m, to the Planning Commission meeting of May 12, 1999, Diana Vargas, Secretary to Planning Commission S- -- fJ 77í1cl-f A) (Ç /Ji / RESOLUTION NO PCM 99-09 A RESOLUTION OF THE CITY OF CHULA VISTA PLANNING COMMISSION RECOMMENDING THAT THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVE AN AMENDMENT TO THE RANCHO DEL REY SPA I PLAN TO ALLOW A SELF-STORAGE FACILITIES TO BE CONSIDERED UNDER THE COMMERCIAL DISTRICT REGULATIONS SUBJECT TO A CONDITIONAL USE PERMIT. WHEREAS, a duly verified application for an amendment to the Rancho del Rey SPA I Plan Commercial District Regulations was submitted to the Planning and Building Department of the City of Chula Vista on February 24, 1999 by Caster Group, LP, ("Applicant"); and, WHEREAS, said application requests approval of an amendment to the Commercial District regulations of the Rancho del Rey SPA I Plan to allow self-storage facilities to be considered with a Conditional Use Pennit; and, WHEREAS, the City's Environmental Review Coordinator has detennined that any impacts associated with the proposed amendment have been previously addressed by EIR 87-0 I (Rancho del Rey SPA I) and has, therefore, prepared an addendum to that document; and WHEREAS, the Planning and Building Director set the time and place for a hearing on said amendment application and notice of said hearing, together with its purpose, was given by its publication in a newspaper of general circulation in the City and its mailing to property owners and residents within 500 feet of the exterior boundaries of the property at least 10 days prior to the hearing; and, WHEREAS, the hearing was held at the time and place as advertised, namely April 28,1999 at 6:00 p,m, in the Council Chambers, 276 Fourth Avenue, before the Planning Commission and said hearing was thereafter closed; and, WHEREAS, the Planning Commission considered all reports, evidence, and testimony presented at the public hearing with respect to this application; and WHEREAS, the Planning Commission finds that the facts submitted with the amendment and presented at the hearing establish those findings as set out in Section 19.48.100 of the Municipal Code and contained within the City Council Resolution. NOW, THEREFORE, BE IT RESOLVED THAT THE PLANNING COMMISSION, does hereby recommend that the City Council adopt the attached draft City Council Resolution including findings approving the amendment to the Rancho del Rey SPA I Plan Commercial District Regulations, " RpIi;'.nlnt1nn prM QQ_nQ P!;Igf" ? BE IT FURTHER RESOLVED THAT a copy of this Resolution be transmitted to the City Council and the Applicant. PASSED AND APPROVED BY THE PLANNING COMMISSION OF THE CITY OF CHULA VISTA, CALIFORNIA, this 28th day of April 1999, by the following vote, to wit: A YES: Tarantino, Thomas, Hall, Castenada NOES: Ray ABSENT: ABSTENTIONS: Willett John Willett, Chairperson Diana Vargas, Secretary H:\HOME\PLANNING\JEFF\PCRESO\AI.SPA 7 - /47lÃCIfM~ßT / RESOLUTION NO PCC 99-31 A RESOLUTION OF THE CITY OF CHULA VISTA PLANNING COMMISSION RECOMMENDING THAT THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVE A CONDITIONAL USE PERMIT TO ALLOW FOR THE CONSTRUCTION OF A SELF STORAGE FACILITY AT 860 LAZO COURT WITHIN THE C-l COMMERCIAL DISTRICT OF RANCHO DEL REY. WHEREAS, a duly verified application for a Conditional Use Permit was submitted to the Planning and Building Department of the City of Chula Vista on February 24, 1999 by Caster Group, LP, ("Applicant"); and, WHEREAS, said application requests approval to allow for the construction of a self storage facility at 860 Lazo Court within the C-I Commercial District of Rancho del Rey SPA I; and, WHERES, the Rancho del Rey SPA I Commercial District Regulations have been amended to allow self-storage facilities pursuant to a Conditional Use Permit; and WHEREAS, the Environmental Review Coordinator has determined that the proposed project will not have a negative impact and prepared a Negative Declaration for IS 99-22 pursuant to the California Environmental Quality Act (CEQA); and WHEREAS, the Planning and Building Director set the time and place for a hearing on said Conditional Use Permit application and notice of said hearing, together with its prupose, was given by its publication in a newspaper of general circulation in the City and its mailing to property owners and residents within 500 feet of the exterior boundaries of the property at least 10 days prior to the hearing; and, WHEREAS, the hearing was held at the time and place as advertised, namely April 28,1999 at 6:00 p,m.in the Council Chambers, 276 Fourth Avenue, before the Planning Commission and said hearing was thereafter closed; and, WHEREAS, the Planning Commission considered all reports, evidence, and testimony presented at the public hearing with respect to this application, NOW, THEREFORE, BE IT RESOLVED THAT THE PLANNING COMMISSSION, does hereby recommend that the City Council adopt the attached draft City Council Resolution approving the Conditional Use Permit. BE IT FURTHER RESOLVED THAT a copy of this Resolution be transmitted to the City Council and the Applicant. PASSED AND APPROVED BY THE PLANNING COMMISSION OF THE CITY 8 Rp.~()lnti()n prr 00_11 P~gl" ? OF CHULA VISTA, CALIFORNIA, this 28th day of April 1999, by the following vote, to wit: AYES: Tarantino, Ray, Thomas, Hall, Castenada NOES: ABSENT: 0 Neill ABSTENTIONS: Willett John Willett, Chairperson Diana Vargas, Secretary H:IHOMEIPLANNINGIJEFFIPCRESOIAI.CUA 9 - ATTACHMENT 2 ~~~ =~-_: ---.------- - - -- ~- -~ Cm' OF May 5,1999 CHUIA VISfA PLANNING AND BUILDING DEPARTMENT Caster Group, LP, 4607 Mission George Place San Diego, CA 92120 Subject: DRC 99-42 Dear Mr. Caster: On May 3, 1999 the Design Review Committee considered your proposal for the construction of 95.025 foot self-storage facility on a vacant parcel located at the southwest corner of Pas eo del Rey and Lazo Court (810-812 Lazo Court). This project will invo]ve construction of two three story buildings and associated improvements, The Committee. after hearing stair s presentation and public testimony. approved the project by unanimous vote subject to the following conditions: L Submit revised color scheme to the Design Review Committee, keeping in mind colors used on nearest visual neighbor (i.e, bowling alley). Acrual color samples shall be brought back to the Committee for review and approval, 2, The slightly-taller vertical elements on the east elevations of Building 1 shall also be shown on the west elevation, 3, On the east elevation of Building I and the west elevation of Building 2 the window-shaped element shall be made to appear more like a window by inserting contrasting color and providing the appearance of a frame, Rerum to Committee for review and approval. 4, In accordance with the Planning Commission recommended design condition, as much narurallighting as feasible shall be provided, 5. Applicant may rerum to the Committee with a revised landscape plan for the east elevation of the Building 1, Both p]an view and elevations shall be provided. 6. All signage shall be rerumed to the Design Review Committee for review and approval. 7, Prior to submittal for building permits, applicant shall provide a detailed lighting plan for both interior and exterior lighting, Interior lighting shall include storage rooms, hallways, lobbies, office and elevator. Exterior lighting shall include pole 10 2ì6 FOURTH AVENUE· CHULI, VISTA' CALlFJRNIA 91910 ~o,,·~o~.u_· "O':"O'~" "ao.· ~. -...-....-.--.... - T'\R Î OQ_4 ~ ( Ä _1 <;,,If <;tnr":,"\ ·D~np -, - and building mounted night lighting inside the complex in addition to perimeter lighting. Transitional lighting should be used for employees and patron safety. Said lighting plan must be approved by the Crime Prevention Unit of the Police Department and the Planning and Building Department prior to issuance of building permits. 8, Approval of this project is contingem upon City Council approval of Specific Plan Amendment PCM 99-09 and Conditiona1 Use Permit PCC 99-31. You have the right to appeal this decision to the Planning Commission, A completed appeal form, along with a deposit amount of $1,000 must be received by this office within 10 days of the date of this letter. Forms are available from the Planning Department. In the absence of this appeal. the decision of the Design Review Committee is final. Failure to use this permit within one year from the áaæ of this lener shall cause the permÍ110 hecome nu11 and void unkss a written request for an extension is received and granted prior to the eXDiration date. If you have any questions in regards to this matter. please call me at 476-5334. ..~.~,.....-.---"-- - ""'~" ....-.-"' ... -- . cc: City Clerk Jim Sandoval. Assistant Planning Director Beverly Blessent, Senior Planner Linda Bond. Design Review Secretary !lick Marrs, Inc-l'úchitects/8330 University A venuelLa Mesa. CA 91941 II r.ITV nF rl-ll Ii t ",-t:::T.¢ ATTA 3 _. ~"'-~- (W~~'%" ,~. ~ . '~~ ~IT\ \ ~ '-<:<'Í\\ \. ,£:::j:,),~~ o-1-j, i, ,y..,\ Y.LJ t3, \ ' i:Ì'r ~ ", 9:J ,.--'\ , ,\ ,-" , '., ~ ' .!.f!-j, '- . ì0' I . ;Ç~\'tSmfff$éý 'Ç'~~j¡B wSFeif ... . " :::y;; V I p'~ "TT1TTI I 'iTJ:::J R ' . .' I g~:::~~\ ~~. . ~ , I RANCHO DEL I I C HULA VISTA PLANNING AND BUILDING DEPARTMENT lë) ~~~: Caster Group, L.P. PROJECT DESCRIPTION: SPA AMENDMENT PROJECT Commercial District Request Proposal for Amendment to Rancho Del Rey ADDRESS: Rancho Del Rey SPA I I;L SPA I Commercial District. SCALE: FILE NUMBER: Related Cases: IS9922, DRC9942, PCC9931 NORTH No Scale PCM-99-09 h:lhomelplann inglcarlosllocatorslpcm9909. cdr 3/12/99 -. ø c ....... f: '" O 1_ 0_" .... "- =C' . ' -~. - - Z U~ .:: (f) H ) 0 ~i If Q) ~, ~ ø ~i Ii ~ ~ð~ 1': U _ Hf' r _ _¡_ = I ° '\ ~.: \'_____. lU / N -.J ~ \ : 1\: ' --. \ ~ g & \ I ,_ \ I , ;;) :: I ¡ ~" \ / ::-- I /' 0 o / ~ .-- ./ l \ /' -..... -', I _ \ "/ I '\ ) -. - " ~ í- ~ .\ ' ¡ ...........: "-.. -.......... :--., 6 ¡;¡ ~ '- '- \ . I \ 0 I \ J i ) ~i . I I ~'" . ) \. . I ~ ~ ).' . I II _ U ¡; C t Æ - / \ C \_ I I ~ § I I ~c:: ~ \ ( 51 .' r_ .,. õ ~ . I ~ ~- ~Q~ ~ - ~ \ ~ ~ ;:;, '" \ I ~ ;; ; û ": !!! . I c:: ~Qc -: 0., \ I " '~:!!!:_a:" t. , ;I .., ~ : ::: Q C!:; ~:= ~ "\ \ '\~ 0 -= '~r, WO._ _ \ . ;:'0; W"'w ~-ûû . .s = i5 ... u; ::..1 Co u ::. !:' e ~ .. \ \) =.-0 .;" ~=.. õ , :>. "'8 --"~ -'0'. ~_ !:"'ð:= ;;:;ioO( =ððo.. \ r¡-t-;:: ~:~<3 ~ª;¡¡ g;z- ~ , ¡.;.....¡; -.~.- .-0U: 'UU~ \ U- =.~~~ wõ'!!' ~.~~ :: = % r r 0 _. 0., W . . _ . _ --..- -"-~ -00.: " :ë ~ ~ ~ ~ w: 5 0 0 ~ ... a 3 Zu .... .. .. "'''' u'" - () ;: c ð ~.... '0 _ = :'--', I I I n ¡¡ = BB I '" ::11·10 ~ .,I"'I -I Ci :: '" ,- - . U = . . .. u_d_ _ Ò _ .,.... "'·~I:oII·lul ~Tlo II -" ~ : II ¡¡; --,UU ~ ,-_L.! - U ::.. . ~ < __IlL. . . ATTACHMENT 4 negative declaration "\ PROJECT NAME: A-I Se1fStorage PROJECT LOCATION: 840 Laze Ct., City of Chula Vista PROJECT APPLICA'NT: Caster Group, L1mîted Partnership PROJECT AGENT: Rick Marrs, IDe, -,\rc:ñit::ct CASE NO.: 15-99-22 DATE: March 26, 1999 A. PROJECT SEITING The environmental setting for the project coIl5isrs of a gI"'rìød vacant parcel presently designated for co=ercial cLøvelopment by the Rancho dellLøy (RDR)Sectional PI~T1T1iT1~ -'\rea (SPA) 1 planned co=unity àocument and loeared at the southwest corner of Paseo de Rey and Lazo Ct. Tne Tect~T1gular shaped sire consists of approxlin=]y 1.8 gross acres. SurrOUDåing land uses include Rice Canyon across Paseo del Rey to the nom a "K" Mac"'! Store to the east across Lazo Court and a st..øep asc...""11åing man-mad:: slope, a bowìin~ re::reaIional =ter to the south and a Persmart Store to the west beyond aste..'"P desce:nrl;T1~ =-mad:: slope. Tne site is relarively flat and contains non-naIÎve grasses and weedy plants throughout. Tnere are no sensitive plant or ~T1imal species found on this 1ñgb1y ãisturbed sire and no cultural resources . would be impacted by the proposed project. B. PRO.TECT DESCRIPTION The project seeks to amend the RDR SPA I plan to allow mini self-swrage facilities in the C-I co=ercial àistrict with the issuance of a conãitional use p=it and concurrently process the conditional use pennit and Design Review Committee applications for the proposed developÌnent of a 950+- unit self-stornge:facility. The Initial Stuåy has addressed the impacrs from the proposed self-storage facility at the proposed site bm further environmental assessment will be required for similar development associat::d v.'Îth other parcels should the proposed amenèment to the RDR SPA I plan be approved.. Tne self-Storage facility would consist of twO builåings, each three Stories high with building "1" conŒ;T1;T1~ 43,020 gross sq. ft with a 14340 sq. ft footprint and building "2" containing 51,900 gross sq. ft 'with a 17300 sq. ft footprint. No c:aretak= unit is proposed, however, a 937 sq. ft. office area will be provided.. A total of :fi.ft.."'e:::l parking stalls are proposed which will require the approval of a zoning variance to the RDR SPA I regulaIions. Access to the project site is via Laze Court off of Pas eo del Rey both being two- lane roads built to industrial road standards, Paseo del Rev CODDeC".s ",;th East ""H" Street, a six·lane prime art...'"Ii.aI. . - If ~Yt- -~- w__....;: -...-- C. Comnarihilit'\· with Zonino and Plans Tne Rancho Del Rey SPA I plan designates the site as C-l (Co=ercial District), Tn~ proposed project is presently Dot listed as a p=ined use in this district. The applicant is sed:im: to amend the co=ercial district regulmions to allow a mini self-storage facility to be p=ined subject to the issuance of a conditional use p=it. The pl,"""mg Commi'""on will be requested to deliberate and å...øt..'"I1TIÍne whe+.ber the proposed project is d"'eIIled compatible with smrounding co=erciaJ uses. D_ Identification of Environmental Effects 1- Pubiic Services Impacts Fir~ The n:arest Fire Station is located about 2.5 miles :from the project site, Tn::: estimated response time to the project site is less than 7 minutes. Tne rITe D:pamnent can ad::quaæìy àeiiver scrvic: to th: siæ v.:ithOU! an m::Tea.s~ in equipment or perso=l. The:fire å...--panment however, states that the UFC requirement can be reåuced by 50% if the appli=t provides an automatic spriDkler>..d system Îor the Îa::ility. Tne Fire Department stares that aàditional co=ents will be provided when de>..ailed develOpment plans become available. Police Department Crime hevention staÍÏ indicate that the Police Department can maintain Clli"Tem ìevels oÎ police service to the ar"'..a and no miti¡¡a¡ion is required. Upon the a....ailability oÎ sueciñc site .. -... * plan development,. the Police DeparmJent reco=ends a security e....aluation by crime prevention p=onnel. ., litiliw and Service Svstems ~oise No significant noise impacts are expected to result :from the proposed cons=ction or opera!Ìon of the project site. The SUITounding co=.ercial uses are not considered by the City's noise ordinance to be sensitive noise receptors. -- 1""- t: \hom:",plannlng\iincaD..:JT£30:..aam !-'~:: - --- Schools Tills project is in the Chu1a Vista EI=entary School Distric:t and the Sweetwater Union HiclJ . - School District. Tne entire RDR project is within the Mello-Roos Co=uniry Facilities Distric:t No.3. .t>JI properties, incluñm~ non-residential, are æ;sessed a special tax to fully mitigare impacts on school facilities. The fee is split between the !WO districts, Traffic The TnresholdlStandards Policy requires that all mtersections must operate: at a Level of Service (LOS) "C" or better, with the exception that Level of Service (LOS) "D" may oc= during the peak two hours of the day at si~~¡¡7"'d mtersecrions. No intc:rsecrion may reach an LOS "F' during the aVc:räge weekday r..ak hour. Intersections of arterials with Îreeway ramps are ex=pted Îrom this policy_ The proposed project would comply with this TmeSÌ10ld Policy. Tne City EngineeriD.g Division has reviewed the proposed projc:ct and has det=ined that it would not adv=e1y me::! the exi" ;, ':? level of service on TOads or int..--rsec:tions in the area. Tne projec:t would be associated with a Level of Service "C" for Paseo Del Rey and East "H" Street. No traffic miTIgation would be required. Drainage Tner:: are existing stOrm dnún inlets m both Laze Ct. and Paseo del R.ey. The EngineeriD.g Division mdica1eS that additional information will need to be provided by the applicant m the f= of a drainage study_ This 1nf=ation will be evaluated by the engineering division at the design stage. A National Pollution Discharge E1imm:rt'Ìon System (N"PDES) Stormwater P=it will not be required. No mitigation is reqJ:1Ími at this time, Soils Tner:: are no anTIcipated adv=e geotecìmical conditions on the projec:t site. Tne applicant will b:: required to prepare a soils repon and comply 'with the r==endations found in the soils investigation as a standard requirement. .J. Open Space No impacts to open space are noted. 4. Aesthetics!Li£'htin!:! Tne proposed project will be subjec:t to the review and approval of the Design Review Committee. The proposed site plan. architec::ruraI design, landscaping and lighting plans will be reviewed by pl~nnin~ sraff and the DRC to ensure the finished product will compl=ent surrounding development and coDÎorm to any existing adopted design/landscaping plans. ICp r.:\hom:::\piannin~\1maaol:tû3G:..30m J'ç:::3 ----~ E. Miti...ation 1I;ecessarv to Avoid Si~ificant Effects ~o mitÏgarion will be required for the proposed self-slOrage facility development on parcel one. F. Consultation L Individua1s and Or""n;7.a1Ìons City of Chula Vista: Doug Reid, Pbmning Benjamm Gucm:ro Pbmnin" , - Ma- cd A1-GhaÏry En!riD - (J g , - =ng Duane Bazze!, pJ:mning Garry w;ni"m,. pl:mning Brad Kemp, Bnilding Division Rod Hastie, FJre Marshall Stephen Preuss., Crime Prevention Joe Gamble, Lar1dsca:pe PlaIJIler Peggy McCarberg, Ac1:Ïng Deputy City Anomey Chula Vista City School District: Dr. Lowell Bimin:;, Sweerwa= union High School District: K.ary Wright Applicant's Agent Rick Marrs, IDC. Architect " Initial Studv ~. T.nis enVÌroIm1ental &;Pm1inmion is based on the attached Initial Study, any co=ents re::eived on ille Initial Stuày and any co=ents received during the public review period for this Negative Declaration. The report reflects the independent judgment of the City of Chula Vis+.a. Further infonnarion regariling the environmental review of this project is available from the Chula Vista Pl"nning d...øp=ent, 276 Fourth Avenue., Chula Vista, ClL 91910. , h /-, :/ , 7...v- . ¡. . ,. D<1UG:LAS . REID, El\'"VIRONMEJ\'TAL REViEW COORDINATOR Environm t Review Coordina1or REFERE,'iCES Chula Vista General Plan (I989) Title 19, Chula Vista Municipal Code City of Chula Vista Errvironmenral Review Procedures Rancho Del Rey FEIR 83-02 17 h:\home'piannmg.\lmciab'=IrDO:.aam Page 4 - Case No.IS-99-22 ENVIRONMENTAL CHECKT .TST FORM 1. Name of Proponent: Caster Group, LP. . 2. Lead A",aency Name and Address: CiIy of Cbu1a VISta 276 Fourth Av= Chula VISta, CA 91910 3. Address and Phone Number of Proponent: 4607 mission Gorge Place San Diego, CA. 92102 (619) 287-8893 4. Name of Proposal: A-I SelÎ Storage ~- Date of Checklist: March25,1999 Pot=tWly p~~~ S.&'"'n-o~· 1= ti= 5~ Unless S:p-Ÿñ!"'Snt No Im¡=t MiUg=d Im¡=t Impact L LAND USE AND PLA..1Iij','ING. Would the proposdi: a) Coníiict with general plan designa1ion or 0 0 0 ~ zonÌIlg? b) Coníiict with applicable environmental U 0 0 ¡g¡ plans or policies adopted by agencies with jurisåicrion over the project? c) Affect agricultural resources or operations 0 0 0 t8I (e.g., impacts to soils or farmlands, or impacts from incompatible laDd =s)? d) Disrupt or divide the physical ammgement 0 0 0 t8I of an established co=unity (including a low-income or minority co=unity)? Comments: The applicant is sæking to amend the existing RDR SPA I plan to allow the proposed construction of the selÎ storage facility in the CoOl (co=ercial) district. The proposal will be be subject to review and approval by the City's Planning Commission. No significaDt adverse impacts are nored a! this rime. 'If ?a¥~ No.1 ~- Pota1ti:¡Ii~· POlC1t.i:l.Il~· Si.gniiicmt L:ss th.õ1n Si;:nijj:::u1t Unless Signiiiant No 1m¡=: Miti¡;=d lmpac::. Imp2C. II. POPULATION AND HOUSING. Would the proposal: a) Cumulatively excO"'...d official regional or 0 0 0 !81 10cal population projections? b) Jndnce substantial growth in aD area either 0 0 0 !81 cfu-~--tly or indirectly (e.g~ through projects in an undcveloped;¡rea or C],,-u:nsion of major infrastructure)? c) Disp1ace existing housing, especialiy 0 0 0 !81 añordable housing? Comments: Tne proposed project will not inåuce population growth or åisplace housing, Tne project proposes to construct a self storage Ïacility to serve the needs of existing residential cL'"Velopment. No impacts to population or housing are nored. ill_ GEOPHYSI CAL. Wauld the proposal result in or e:;;:pose people to potenrial impaczs involving: a) UIIS"..able earth conàitions or changes in 0 0 0 !81 geologic substrocl1Ires? b) Disruptions, displacements, compaction or 0 0 0 !81 overcovering of the soil? c) Change in tOp05',,±,llY or ground surface 0 0 0 ¡¡;¡:¡ ren ef features? d) The destruction, covering or moàification 0 0 0 !81 of aDY unique geologic or physical Îea!llTes? e) ADY increase in wind or water erosion of 0 0 0 !81 soils, either on or off the sire? f) ChaDges in deposition or erosion of beach 0 0 0 ¡¡;¡:¡ sands, or changes in siltation, deposition or erosion which may modify the channel of a river or stream or the bed of the oceaD or aIlY bay inlet or lake? lfj ?.:ag= No.2 Potmti41j~· Potc:nti.:a.lly Signiiicmt 1= th= SignutcU1t Unless Si.p1.ificmt No Impoct Miti;=d 1m¡=< 1m¡=< g) Exposure ofpeopJe or property to 0 0 [81 0 geoJogic :hazards such as earthquakes,' landslides, mud slides, ground failure., or cimihr hazards? Comments: The site has been fully graded. A soils investigation has 110t been periormed, However, one will be required and the appli=t shall comp1y with the reco=endations as S"..andard conàitions ofproject approval The surface soi1s consisting of alluvial dements, appear to be suitab1e for the proposed stroctural10ads. Tm:re are no known or suspected seismic hazards associatcd with the project site. The cJoses! known fault is the Rose Canyon Fault located about 1.5 miles west of the project site. Tne site is not cmrent1y 'witbin a mapped Earthquake Fault Zone. Based on the anticipated earthquake effect that could occur and the composition of the upper surface soils, a reJatively minor seismically- induced settlement is likely to occur. Potential geology/soils impacts are à=ed to be less than significant. IV. ~'ATER Would the proposal result in: a) Changes in absorption :rates, drainage . 0 0 [81 0 patt=s, or the rate and amount of surface . runoñ? '. b) Ð,:posure of peop1e or property to v.'a!f:r 0 0 0 Œ1 related hazards such as flooding or tidal waves? c) Discharge into surface waters or other 0 0 0 Œ1 alt=rion of suriace water quality (e.g., temp::ra!ure, dissolved oJ.:ygen or turbiåity) ? d) Changes in the amount of surface water in 0 0 0 Œ1 any '1'.'= body? e) Changes in currents, or the course of 0 0 0 Œ1 dircction of water movements, in either marine or fresh waters? í) Change in the quantity of ground waters, 0 0 0 [81 either through dircct additions or withà.lc.wals, or through interception of an aauifer bv cuts or excavations? . " ó1D ?a;::!; )\jo. 3 POtC1ti~¡~· POtcn:..ialJy SignìÍicn: 1..= dun Sign.Üi::mt Unlc:ss Signifiarn No Jm¡=t Miti¡;:uaj Imp"", Impaa g) Altered cfuection or rate of flow of D D D rE:I groundwater? h) Impacts to groundwater quality? D 0 0 rE:I , i) Alterntions to the course or flow of flood D D 0 rE:I waters? j) SubS'.Jmtia! reduction in the amount of 0 0 0 rE:I \vater otherwise available for public water supplies? Comments: The applicant proposes to convey ånrinage flo'ws through an existing city 510= drain fa..--ility. The s drainage facilities appear adequate to serve the site, however, the City Engineering Division will require, as a standard condition of project design p=Ït approval, that the applicant prepare a dräinage study to clearly identify the method water will be conveyed... Tue project site is not within a flood plain. The project applicant will not be requITed to develop and implement a = water pollution plan (SWPP) but will beTequireå to comply with Chapter 1420 of the Chula Vista Mmricipa! Code, re1ating to managemE:D1 practices associated with construction activity. No si!!DÍiicant ÎIIIDacts to water or drainage æ-e noted.. No mitigarion is requITed at this time. - . . -. V. AIR QUALITY. Would the proposal: a) Violate any air quality standard or 0 D 0 rE:I contribute to an existing or proj ected air quality violation? b) EÀ"jJose sensitive Teceptors to polhnams? 0 0 0 [1; c) þJter air movement, moistUre, or 0 0 0 ¡g¡ temperature, or cause any change in climate, either.locally or regionally? d) Create objectionable odors? 0 0 0 rE:I e) Create a substantia! increase in s-.arionary 0 0 rE:I 0 or non-stationary sources of air emissions or the deterioration of ambient air quality? ~I ?:I.~~ NO.4 PotcntiaJi~· POtcu.i:a.1l)' Signifiant Ws th:1n Si;:nificmt Unless Signific::ant No 1mp= Miti¡;=<! Impact Impou:t Comments: Final GradIDg and construction of the proposed måustria1 buildings would t=porarily c:rea!e dust=d emissions associated with activity from earth moving equipment and construction vehicles, These short-term emÏssÍonsare not considered significant impacts, however, standard dust control measures would be implemented, mcluèingwatering exposed soils and strect sweepmg. The Average Daily Traffic(ADT) ~ciJ1aíed to be generated by the proposed self storage project is estimated to be 190. Due to the relatîvely low number of trips no significant air quality impacts :from autò emissions are noted.. VI. TRANSPORTATION/cmCULATION. Would the proposal result žn: a) IDcreased vehicle 1rips or 1raffic 0 0 0 ~ congestion? b) Hazards to safety:from design features, 0 0 0 ~ (e.g~ sharp curves or dangerous mrersections) or mcompatllJle uses (e.g., farm equipment)? c) IDaãequate emergency access or access to 0 0 0 ~ nearby uses? d) 1rlsu:fficient parking capacity on-site or 0 0 0 ~ off-site? e) Hazards or baniers for pedestrians or 0 0 0 ~. bicyclists? Î) Conilicts with adopted policies supportÎIlg 0 0 0 ~ a1t=ative transportation (e.g, bus turnouts, bicycle racks)? g) Rail, waterborne or air 1raffic impacts? 0 0 0 [g h) A "large project" under the Congestion 0 0 0 [g Management Program? (An equivalent of 2400 or more average daily vemc1e 1IÌps or 200 or more peak-hourvemc1e trips,) Comments: Based on the proposed use the ADT for the self-storage project is calculated to be 190. The traffic generated wouJd not adversely impact the surrouncling primary access roads inclucling Paseo Del Rey and East ''}f' Street wmch would rcmam v.'Íth an L.O.S. of 'C'. No other impacts to traffic or circulation are Doted for this proposed project. :!'Jo mitigation ",ill be required at this =e. ?a~e No.5 ;;L.}... .- Potenu.uh· Patenti:ù.i)· Signifi::::m"t Less th.:m SipUfi.::::mt UnI"" Significant No Impoct Mitig:n.:d 1mI=' Imp:¡:r: VII.. BIOLOGICAL RESOURCES. Would the proposal result in impacts .to: a) Endangered, sensitive species, species of 0 0 0 ¡g¡ conc= or spec~es that are c:andida1i=s for ~? b) Loc:aIJy designated species (e.g., heritage 0 0 0 ¡g¡ 1re=s) ? c) Loc:aIJy designated m.tura1 co=UDÍties 0 0 0 ¡g¡ (e.g, oak forest, coas"..a1 habitat, etc.)? d) Wetland habitat (e.g., marsh, riparian and 0 0 0 ¡g¡ vema! pool)? e) Wildlife åispersal or migration corridors? 0 0 0 181 f) AiÏect regional habitat preservation 0 0 0 ¡g¡ plamring efforts? Comments: Tne project site and =unding developed area are located in a fully urbanized co=UDÍty and cóntæn no narive habitat. The site has been fully graded. No arrimal or plant species listed as:r:m:, tbreaíened or endangered by 10c:a1, State or Federnl resource conservation and regula10ry agencies are known to be present in 1bís highly disturbed area. No adverse impacts to biological resources are DOted. No mitigation will be required. vlIL ENERGY AND MINER-U. RESOURCES. Would the proposal: a) Confuct with adopted energy conservation 0 0 0 § plans? b) Use non-renewable resources in a 0 0 0 ¡g¡ wasteful and :inefficient manner? c) If the site is design~tÞd forminernl 0 0 0 ¡g¡ resource protecrion, "ill this project impact this protection? Comments: No impacts to non-renewable resources are noted. IX. HAZ.ARDS. Would the proposal irrvolve: 7 ?3.;~ No.6 ;8 - - ---~._- Potenti2lì)" Pot::ntiall)· Si;:nificnt 1.= t!un Si¡:nifi.::mt Unless Significant No Im¡=t Miti¡;=d lmp= Im¡=t a) A ñsk of accident¡¡} explosion or release 0 0 0 ~ of hazardous substances (iDcluding, but not limited to: petroleum products, pesricides, chemicals or radiati on)? b) Possible interference with an emergency 0 0 0 ~ response plan or emergency evacuation plan? c) The crcarion of any health hazard or 0 0 0 ~ potential health hazard? d) Exposure of people to existing sources of 0 0 0 ~ potentialllealth 1=aràs? e) Increased fire hazard in areas with 0 0 0 ~ fþmmahle brush, grass, or trees? Comments: Project :implem::ntarion would not pose a health hazard to humans. No hazardoUs mar!'TÎal~ or substances will be p=itted to be stored on site. Therefore, there camrot be a risk of an explosion or release ofhaza:rdous substances in the event of an accident or upset condition. No 1IIÎti~a1ion will be required. X NOISE. Wauld the proposal result Ín: a) In=ases:in existing noise levels? 0 0 ~ 0 b) E:¡,:posure of people to severe noise levels? 0 0 ~ 0 Comments: Tcmporory COns1J1lCtion noise would occur at the site, however, the short t= nature of the noise, and the fact that a4jacent uses consists of co=ercial uses and a canyon, results iD less than si£t'i1Ï=t impacts to the surrounding area. No mitigation is required. XL PUBLIC SERVICES. Would the proposal have an ejject upon, or result in a need for new or a1zered government services in a7!)' of the follov.,zng areas: a) Fire protection? 0 0 0 ~ b) Police protection? 0 0 0 ~ c) Schools? 0 0 0 ~ ?;¡~~ No.7 ~ - l)otcnti.;ùJ~ Pot.enti2.l1r Signific:mt l=th= Siþificutt Unir:ss Sj~ifi::ant No Imp>« Mitipned Impact lmp;;cr d) MaÎIJtenance of public facilities, including 0 0 0 [8 roads? e) Other governmental services? 0 0 0 [8 Comments: Tne project would not have an effect upon or result in a n~d for new or altered governmental services. IJ 0 0 ¡g XII. Thresholds. Will the proposal adversely impact the City's Threshold SttmdaràÛ As described below, 'the proposed project does not adverseJy impact any of the seen Tnreshold Standards. a) FireÆMS 0 0 0 ¡g Tne T.meshold StaDdards requires that :fire and medical.urrits must be abJe to respond to calis within 7 minutes or less in 85% of the cases and >I"Ìthin 5 minutes or less in 75% of the cases. The City of Chu1a Vista Fire Department indicates that this threshold standard will be met. The proposed project will comply with this Threshold Standard. Comments: Tne Fire Department indicates that the nearest me staI:Ìon is 2_5 miles away and that the esTÍm"t..d response time is 4.5 minutes. b) Police IJ 0 0 ¡g The T.meshold Standards require that police tmits must respond to 84% ofPriorily J calis within 7 minutes or Jess and maintain an average response time to ail Priority 1 calls of 4.5 minutes or less. Police tmits must respond to 62.10% of Priority 2 calls within 7 minutes or Jess and maintain an average response time to ail Priority 2 calls of 7 minutes or Jess. The Police Department response time for Priority 1 and Priority 2 calls appears to be v."Ìthin the reco=ended Tnreshold Standard. Comments: The police Department indicates that adequa1e ser\"Ìce can be provided to the project site. _A.I1y additional construction plans should be forwarœd to the crime prevention tmit for evaluation. No mitigation v."Ìll be required. c) Traffic 0 0 0 ¡g Pa~t' No. S ~- - Pott:nti:Uiy Pot:::nt:¡U,. Signifiant 1= <h= Si.gnitï:::mt Unless Significant No lmp= Miti¡;=<! Impact Impact The Threshold StandaTds require that all intcrsecriODS must operate 31 a Level of Service (LOS) "C" or better, with the exception that Level of Service (LOS) "D" may occur during the peak two houn; of the day 31 si3"~1;7".d intersections. Intersections west of 1-805 are not to operate 31 aLaS below their 1987 LOS. No int=ec1ion may reach LOS ''E" or "P" during the average weekday peak ho= Intersections of art..-ria1s with freeway ramps are exempted from this Standard. Tbe proposed project will comply with thisThreshold Standard. Comments: No adverse impacts to traffic/cÙ"cu1arion are nored from the proposed project. d) ParkslRecreation D D D ¡g¡ Tne Threshold Standard for Parks and Recreation is 3 acres/l,OOO population. The self-storage facility is not considered a residential project and will thus comply with this Threshold Standard. Comments: No adverse impacts to parks or recreational oppommities are noted. e) Drainage D D D ¡g¡ Tbe Threshold Standards requÙ"e that = WaIer flows and volumes not exceed City Engin=ing Standards.. Indiviàu.a1 projects will provide necessary imwovements consÏst..'"Ilt with the Drainage Master Planes) and City Eng:in=ing Standards. Tne proposed project does comply with this T.nreshold Standard. Comments: Tne Engineering Division indicates that existing oñ-site drainage facilities appear adequate to serve the proposed project subject to the submittal of a drainage stUdy and review and approval of all grading and construction plans. No mitigation will be requÙ"ed. f) Sewer D D D ¡g¡ Tbe Tnreshold Standards reqUÍTC that sewage flows and volumes not exceed City Engineering Standards. Individual projects will provide necessary improvements consistent 'with Sewer Master Planes) and City Engineering Standards. Tbe project will comply 'with this Threshold Standard.. ?-.d.g~ No.9 ::u. --------......"....- -..- Potalti21i~· Potc:ntiaU,.· Signifi=u1t 1.= th= Si:;nific:mt Unic:ss SigniIîc:mt No lmpa Miti¡;=d Impact Impaa Comments: The proposed project is not expected to create a need for any new utilities or service syst..'"IIlS- A 10" PVC sewer mam is located in Lazo Court adjacent to the project site. This line flows southwesterlyt a 12" sewer mam in East"H" Street The Engineering Division indicates that existing sewer facilities appear adequate serve the proposed project No adverse impacts to sewers are noted. No mitigation will be rèqujred. g) Wat...'"I' 0 0 0 ~ The Tnreshold Standards require that adequate storage, treatment, and transmission faciliries are constructed con=tly with planned growth and that water quality standards are not jeopardized during growth and construction. Tne proposed project does comply with this Threshold Standard. Applicants may also be required to parricipa1e in whatever wa1er conservation or fee off- set program the City of Cbula Vista has in effect at the rime of building p=it issuance. Comments: No adverse impacts to water quality are noted Ïrom project approvaL XIII. UITIJTIES AND SERVICE SYSTEMS. Wauld the proposal result in a need for new systems, or substantial. altera1Í.ons to the following u:tilities: a) Power or natural gas? 0 0 0 ~ b) Co=unicarions syst=s? 0 0 0 ~ c) Local orregional water treannent or 0 0 0 ~ distribution facilities? d) Sewer or septic tanks? 0 0 0 ~ e) Storm water drainage? 0 0 0 ~ f) Solid waste disposal? 0 0 0 ~ Comments: Tnis project will not result in a D~d for new s}'st=s, nor result in alterations in any utiliti es. XIV. AESTHETICS. Would the proposal: àì ?2~ No. 10 -- -~.._-_.._"_.- ...--..- PotcntiaIiy Potenti.a1iy Signiíi:an: Less th= SipÜÍÎcmt Unless Si:;nificmt No 1m¡=< Miti~ Impact Impact a) Obstruct any scenic vista or view open to 0 0 0 ~ the public or will the proposal result in the creation of an aesthetically offensive site open to public view? b) Cause the destrúction or modification of a 0 0 0 ~ scenic route? c) Have a demonstrable negative aesthetic U 0 ~ 0 effect? d) Create added ligb! or glare sources that 0 0 0 ~ con1d increase the level of sky glow in an area or cause this project to fail to comply with Section 19_66.100 of the Chu1a ViS".a Municipal Code, Title 19? e) ROOuee an additional amount of spill 0 0 0 Œ:I light? Comments: Tne project will be subject to the requirements of the Design Review Committe:: process. This process will help ensure tba! the proposed project is in harmony with sUITounåIDg à..øvelopment with respect to the site coverage, proposed building heights, l:mrì."'Tìng, lighting and . operations. No mitigation will be required. }¡."V_ CULTIJRALRESOURCES. Would the proposal: a) Will the proposal result in the alteration of 0 0 0 ¡g¡ or the destruction or a prehistoric or historic archaeological site? b) Will the proposal result in adverse 0 0 0 ~ physical or aesthetic effects to a prehistoric or historic building, structure or object? c) Does the proposal have the potential to 0 0 0 Œ:I cause a physical change which would affect umque ethnic cu1mral values? d) Will the proposal restrict existing 0 0 0 Œ:I religious or sacred uses V{¡thin the potential impact area? , ?ag:~ !\jo. II ,:n ~_...,- '~~-"-'----'--- -- .-..-..------..-.-.-.-.-.....--..---- PotentiaJh- Pot::ntU.liy Si¡:niii=u1~ Less tÌl:1:n Signifiant Unil:!!i Signiiiant No 1m¡=! Mitig=d 1m¡=! Impota e) Is the area identified on the City's G::n=1 0 0 0 ~ Plan EIR as an area of high potentia] for archeological resources? Comments: The project site has been.fully graded and ài.stUIbed by human activity. Adjacent properties are also fully deVeloped and disturbed by human acrivity. No adverse impacts to cultural resources are noted. No mitigation will be requierd.. XVI. PALEONTOLOGICAL RESOURCES. 0 0 '0 rg¡ Will the proposal result in the alteration of or the desrrucižon of paleontological re.sOW"ce.s? Comments: No paleontological resources have been identiñed on or nea:¡- the project, which is located in a fully developed urban setting. À-vII. RECRE.ATION. Would the proposal: a) Incrø...ase the demand for neighborhood or 0 0 0 I8I regional parks or other' recreational faci1i' ? ties. b) Affect existing recreational oppommities? 0 0 0 I8I c) Interfere with recreation parks & 0 0 0 ~ recreation plans or progrnms? Comments: No impacts to Parks or Recrearional Plans are noted.. À"VIII. MA..."il>ATORY FIND1NGS OF SIGl'I'IFICANCE: See Negative' Declaration for. mandatory findings of significance. If an EIR is needed, this section should be completed, ';;>"'1 Pa~ No. I:!. ,__. __.._ .m.____._______.... IJotmti.:ùi~· Pot::nt..i2lly Signifi::m. L::ssth.a.n Si;nifi:::mt Unic:s.s Si.~ifiant No lmp2a Mitipxcd 1m¡=< lmp:ac: a) Does the proj ect have the potential to 0 0 0 [g degrade the quality of the environment, substantially reduce the habitat of a :fish or . wildlife species, cause.a fish or wildlife popWation to drop below se1f-sustañring levels, threaten to elimIDate a plant or .nim.l co=UDÌty, reduce the number or reS!rÍct the range of a rare or endangered plant or .nim.l or eliminate important examples of the major periods or California history or prehistory? Comments: Tne project site is 1n a fully developed urban setring. The project site has been . completely disturbed by.human activity. Small patches of non-native grass are found on-site. No impacts to wildlife population, habitat or cultura1lhistorical resources are Doted. b) Does the proj ect have the potential to U 0 0 ¡g¡ achieve short-term, to the disadvantage of long-term., environmental goals? - - Comments: Tne project does Dot have the potential to achieve short t= environmental goals to the disadvantage oflong-t= goals. The project is consistent with both the Zoning and General P1an designation for the site. c) Does the project have impacts th.a! are 0 0 0 ¡g¡ màividually limited, but cumulatively considerable? ("Cumulatively considenilile" means th.a! the mcr=ental eñeC"-s of a project are considenililè when viewed m connection with the eñects of past projects, the eñe..."ts of other cmrent projects, and the eñects of probable furore projects, ) Comments: The project does not have any impacts that are mclividually limited., but cumulativeJy considenilile. Project impl=entation will result in an improvement to an exisring vacant industrialiy designated lot. P3g~ No. 13 .;p . ... .---..--......-..-.-.-....--...---.-.--..----.--------..-... l·ot~ti~j~· Pota1tioù¡~· Signiii::mt L:ss tiun Sipüfi::mt Unie$s Si.gniíicnt No lmp= Mitipr.cd Imp:a.ct Impact d) Does the project have enmonmenta1 0 0 0 ¡g¡ effect which will cause substantial adverse effects on human beings, either ãirect1y or inåll-~'"t1y? Commen15: T.ce analysis cóntained in the hritia1 Sttuìy found no evidence indicating the project will cause substantial adverse effects on human beings, either directly or indirectJy. XIX. PROJECT REVISIONS OR MITIGATION MEASURES: No mitigaIÎon will be requìred. no] ect noponeIl! vare xx. El\'VIRONMENTAL FACTORS POTE..1'I,'TIALL Y AFFECTED: None have b= cD.ecked. Tne envrronmenta1 factors checked be10w wou1d be potentially affected by this project, invoiving at le= one impact that is a "Potentially Signiñcant Impact" or "Potentially Signiñcant Urness Mitigated," as indicated by the checklist on the following pages. I I Land Use and Plamlli1g o TransportationlCircu1ation o Public Services U Popularion atld o Biological Resources o Utilities atld Service Housing Syst=s n Geophysical o Energy and Mineral o Aesthetics Resources !l Water o Hazards o Cu1tura1 Resources U Air Qualiry o Noise o Recreation n Mandatory Findings of Signiñcatlce , ?ag:: No. }4 ~) -~_.__._..._--_.. - ---------_... '---'-"-'-'-"--"-'---'-'--- XXI. DETERl\1INATION: On the basis of this initial evaluarion: I find that the proposed project COULD NOT :have a significant effect on the [2J environment, and a NEGATIVE DECLARATION will be prepared. I find that although the proposed project could :have a significant effect on the 0 envll'onment, there will not be a significant effect m this case because the mitigation measures described on .an attached sheet have been added to the proj ect. A MITIGATED NEGATIVE DECLARATION will be prepared. I find that the proposed project MAY :have a significant effect on the environment, 0 and .an ENVJRONMENTAL IMP ACT REPORT is required. I find that the proposed project MAY :have a si~i1Ícant effect(s) on the n envÏronment, bn! at least one effect: 1) has been adequately .analyzed ill an earlier document pursuant to applicable legal standa:ràs, and 2) has been addressed by mitigation measures based on the earlier analysis as described on attached sheets, if the effect is a "potentially si~1Ícant impacts" Dr "potentially significant unless mitigated." An ENVIRONMENTAL IMP ACT REPORT is r-...quired, but it must analyze only the effects that remain to be addr-..ssed. I find that although the proposed project could have a significant effect on the 0 environment, there WILL NOT be a significant effect m this case because all por=ti"lly si~ificant effects (a) :have been analyzed adequately m an earlier E1R pursuant to applicable standards:and (b) have been avoided or mitigated pursuant to tha:t earlier EIR, illc1uding revisions Dr mitigation measures that are llnposed 'Upon the proposed project. An adde:1àum has been prepared to provide a record of this det=ination, t.I March 26, 1999 nvrronm ::vIew CoorClJIlalor Date City of Ch a ViS".2 Pagr: No. !5 3'2... -- ..-.'.'--."--"-'.~~ --- SECO!'1"D ADDEl\'DlìM TO EIR-S7-1 (R.\..NCBO DEL REY EIR FOR SECTIO]'\AL PL",-"'"!'iìNG AREA (SPA) I) Initia1 Study 15-99-25 PROJECT NAME: Rancho del Rey Sectional Plamring -,'.rea (SPA) I _-\menàment PROJECT LOCATION: 808.6 acres East ofInterstate-805, City of Chula Vista PROJECT APPLIC.\..'1\l: Caster Group, Limited P=ership PROJECT AGENT: Rick Marrs, Inc_, }>Iciritect CASE NO.: IS-99-25 DATE: April 8, 1999 I. TI\'TRODUCTION Tne environmental review procedures of the City of Cnula Vis-.a aliow the Environmental Review Coordinator (ERe) to prepare an addendum to a Negative Declaration or E.nvironmentallmpact Report (EIR) if one of the folJowing conditions is present: L The amendments or mIDor changes which have oc=ed since completion of the FInal EIR (EIR-87-01) have not created any new sig¡riñcam environmentalilnpacts not previously adãressed in the Final ErR. ') Adãitional or refined iDfo=aIÍon avaiiable since completion of the Final EIR regarding the potentia1 environmental impact of the project, or regarding the measures or a1t=atives available to mitigate potentia1 enviroIllDental eñects of the project, does not show that the project will have one or more sig¡riñ=t ilnpact5 which were not previously adãressed ill the Filla1 ErR. Tnis addendmn has been prepared ill order 10 provide adãitiona1 infO=aIÍOD and analysis concerning 1TaÍÏic, public service and land use impacts as a result of the proposed amenàment to the C-l co=ercia1 district found ill the RDR SPA I plan. FEIR-87-01 ana1yzed the impact of the development of the C-1 district for co=ercia1 development with ancilla.-y co=ercia1 related land uses. .A.s a result of this ana1ysis, the basic conc]usioDS of the Filla1 EIR have not changed.. TT"ffic public service and land use ilnpacts are found to be less than sigDiiicant for the proposed project and were previously addressed ill EIR-87-0L Tnerefore, ill accordance v,.ith Section 15164 of the CEQA Guidelines. the City has prepared the follo\.ving addendum to EIR-8ï-OL 33 .- .. II. PROJECT SETTING Tne RDR SPA I plan area consists of 808.6 acres located within the City of Chula Vista east of Interstate 805. Commercially designated 1andmakes up for only about 80 a..--r::s. The great majority of this land has been developed. See attached map showing RDR SPA b01mdaries. III. PROPOSED PROJECT The proposed project consists. of a legislative action that seeks to amend the Rancho Del Rey Sectional Plarming Area (SPA) I Plan in order to allow self-storage facilities within the C -1 co=ercial district. A project proposing the development of a 1_8 acre lot in the RDR SPA I planning area is being assessed by a separate environmental document. IV_ COMP ATIBILITYWITH ZONING .'\..1\'D PL..o\NS The proposed project would provide the mechanism by which to p=it a speciñc land use category in the C-l commercial åistrict subject to the granting of a conàitional use p=it. Tne proposed RDR SPA I amendment would be subject to the review and approval of the City's Planning Commission and City C01mcil. v_ IDENTIF1CATION OF E...1WIRONMENTAL EFFECTS 1. Public Services Imuacts Fire No impacts to me resources are noted since the proposed project consists of a legislative action and any furore potential proje::t would be subje::t to further environmental revievl', Police Department The Police Department inåicates they can maintain current levels of police service to the Rancho del Rey area. ~ Utility and Service Svst=s Traffic The Threshold/Standards Policy requires that all intersections must operate at a Level of Service (LOS) "CO or better, with the exception that Level of Service (LOS) "D" may occur during the peak two hours of the àay at signalized intersections. No intersection may reacb an LOS "F" during the average w~kàay peak hour. Intersections of arterials with freeway ramps are ex=pted from this policy. 5'1' - ...._,.-,-,.,"--_.~----_._.- ". Tne proposed project represents a legislative acnoD and any proposal seeking the physicaJ deve10pment of a site would be subje:t to further environmental a¡¡ajysis arJd the preparation of the appropriate environmental àocument. Tne RDR SPA I FEIR 87-01 reviewed the development of the 84 acres of non-residential land for more :intense commercial land uses, No adverse impact to traffic/circulation is noted from the proposed action, 4. Land Use The applicant is seeking to amend the existing RDR SPA I plan to allow self-storage facilities in the C~ I (commercial) åisIrict subj ect to the issuance of a conditionaI use p=it. The proposal woulà be subject to revjew and approval by the Pl:mnmg Commission and City Council. The proposal represents legislative action only at this time and as such would not have the potential to divide an established co=unity nor conflict with any applicabh: conservation plan or naturaI comm1lIlÌly conservation plan. 5. ODen 5nace No impacts to open space would resnh from project approval The RDR SPA I FEIR 87-01 satisfactorily addresses the issue of open space. YI. CONCLUSION Pursuant to Section 15164 of the State CEQA Guiàelines and based upon the above ãiscussion, I hereby find that the project revisions to the proposed project will result in only minor technical changes or additions which are necessary to make the Environmental Impact Report adequate under CEQA... 4:r-fdl/ Doug], Reid Environmental Review Coordinator REFERENCES Chula Vista General Plan (1989) Title 19. Chula Vista Municipal Code City of Chula Visza Environmental Review Procedures Rancho del Rey Sectional Planning Area One (June. I98ï) Rancho del Rey SPA J Final EIR 8ï-Ol (Dec., 198ï) '3s- h: \hom:tpwmmg\1incia.b\Cr.-S30:.aam !"'a~: 3 ..__.__.__._.._--,--~.-_._---~_. ATTACHMENT 5 - , CHAPTER IX-B: COMMERCIAL CENTER DISTRICT '. IX-B.O Purpose In addition to the objectives outlines in Chapter VII, the commercial District is included to provide for a quality environ- ment and to achieve a harmonious mixture of retail and service commercial uses. Specifically, the Commercial District is intended to meet the following objectives: -- To reserve appropriately located areas for retail stores, service establishments and offices, offering commodities and services required by residents of the city and its surrounding market area; -- To provide an opportunity and appropriate development stan- dards for larger warehouse/discount retail commercial and support facilities; -- To encourage retail and service commercial uses, and related support uses, to concentrate for the convenience of the public and for a more mutually beneficial relationship to each other; -- To provide adequate space to meet the needs of modern commer- cial development, including off-street parking and loading areas; -- To minimize traffic congestion and avoid overloading utilities by restricting construction of buildings of excessive size in relation to the amount of land around them; and, -- To promote high standards of site planning, architecture and landscape design for commercial developments within the city of Chula vista. A. Commercial District (C-1) This district is intended as an area for large scale reta'il commercial facilities, along with complementary support, recre- ation, and entertainment commercial uses, which can meet the high performance and development standards of the Rancho del Rey Planned community. 31,.. IX-B-l -- ------~----,,-- - IX-B.1 PERMITTED AND CONDITIONAL USES I The following uses shall be permitted uses where the symbol "P" appears and shall be permitted uses subject to a conditional Use Permit where the sj'1!lbol "C" appears. Uses are not permitted where the symbol "Nn appears. LAND USE COMMERCIAL DISTRICT C-l A. service and commercial 1- Animal hospital or veterinary clinic and/or office C 2. Automobile and/or truck services C 3. Bakery , retail P 4. Barber or beauty shop P 5. Blueprinting and photocopying P 6. Car washing establishment subject to provisions of section 19.58.060 CVMC C \ - 7. Clothes cleaning pick-up agencies with incidental pressing P 8. Clothing sales P 9. Day care, nursery school C 10. Drug store, phannacy P 11- Eating and drinking establishments: a. Restaurant, restaurant with cocktail lounge, coffee shop, and full delicatessen (may serve alcoholic beverages) P b. Refreshment stands & snack bars within a building as accessory to permitted use p c. Fast food restaurants with drive-in or drive-through P 12. Gasoline dispensing and/or automobile service station C - 3') IX-B-2 ~ LAND USE COMMERCIAL DISTRICT 13. Grocery, fruit or vegetable store p 14. Health or atheletic club C 15. Hotel, motel; subject to provisions of Section 19.58.210 CVMC C 16. Liquor store (package, off-sale only) C , 17. Medical and dental offices, and clinics, medical, optical and dental laboratories, not including the man- ufacture of pharmaceutical or other products for general sale or distri- bution C 18. Movie theater, multi-plex P 19. Offices: administrative and execu- tive offices; professional offices for lawyers, engineers, architects; financial offices including banks, real estate and other general busi- ness offices p 20. Plant nurseries and similar outdoor sales C 21- Re=eation, commercial including bowling alley, billiard parlor, skating rink, and miniature golf course subject to the provisions of section 19.58.040 CYMC C 22. The retail of such bulky items as furni ture, carpets and other similar ite:ms P 23. Retail distr{bution centers and manufacturer's outlets which require extensive floor areas for the stor- age and display of merchandise, and the high volume, warehouse-type sale of goods and uses which are related to and supportive ox existing on-site retail distribution centers of manu- facturer's outlets. P 3% IX-B-3 . _.. ...-...-. ~---- --~-- ~ LAND USE COMMERCIAL DISTRICT \ 24. Any other retail business or service establishment supplying commodities or performing services which is determined by the Planning commission to be of the same general character as the above mentioned retail business or sèrvice uses and open during normal business hours of the above uses P 25. Stores, shops and offices supplying commodities or performing services for the residents of the city as a whole or the surrounding community such as department stores; specialty shops, banks, business offices, and other financial institutions and personal service enterprises P B. Public and semi-Public Uses 1- Day nurseries, day care schools and nursery schools C ; 2. Educational institutions, public or private including vocational schools C 3. Post offices and post office terminals C 4. Recreation, private, semi-private, or commercial C 5, Public and quasi-public uses appro- priate to the district, such as professional, business and technical schools of a public service type, but not including corporation'yards, storage or repair yards, and warehouses C 6. School and studio for arts and crafts; photography, music, dance and art galleries, in accordance with the provisions of section 19.58.220 CVMC C 7. Any other public or semi-public use which is determined by the Planning commission to be of the same general character as the above permitted <. uses C 5-9 IX-B-4 ._--~"~--_.~--_._--,..,_.""'- -....-----------.. -_..". .-.--- LAND USE COMMERCIAL DISTRICT c. Accessory Uses 1- Accessory structures and uses located on the same lot as permitted or conditional use p 2. Accessory uses and buildings customarily'appurtenant to a permitted use, such as incidental storage facilities p 3. Incidental services for employees on a site occupied by a permitted or conditional use, including day care, recreational facilities, showers and locker rooms p 4. Roof mounted satellite dishes subject to the following standards or conditions: p a. The dish shall Þe screened ysing appropriate matching ar:hitectural materials or parapet walls; \ Þ. Dishes shall Þe of a neytral color, match the building, or as otherwise approved Þy the city; , c. A !>uilding permit shall Þe required; and, d. No advertising material shall Þe allowed on the satellite dish antenna.. Satellite dish antennae containing advertising material shall Þe considered signs. D. Temporary uses 1- Temporary uses as prescribed in Chapter XI p '-I"> IX-B-5 _"_...._.__~"_,..,____ _'U_'_..._·" ___,__~_,.___,_ IX-B.2 PROPERTY DEVELOPMENT STANDARDS ( The following property development standards apply to all land and buildings other than accessory bui~dings authorized in the Commercial District. Any legal lot may be used as a building site, except no building permit shall be issued for any lot having a lot size less than 10,000 square feet. A. General Requirements The following requirements are minimums unless otherwise stated: DeveloDment Standard 1- Lot area, net sq. ft. {OOO'S)I 10 2. Lot width (feet) 100 , 3. Lot depth (feet) 100 4. Front yard setback (feet) 256 5. Side yard setback, each (feet) 102 6. Public street ROW setback (feet) 20 7. East "H" st. ROW setback (feet) 607 - \ 8. Rear yard setback (feet) 102 9. Rice canyon top of slope setback 50 Bldg/20 Parking (feet) maximum3.5 10. Building height, 35 feet or 2 stories, whichever is less 11. Maximum lot coverage (percent of net lot)· 40 12. Parcels l, 3 and 4 should have a minimum of 100,00 sq,ft. single tenant building. IMap for condominium development does not need to meet lot area requirement. Minimum lot area may be'reduced to 10,000 sq. ft. for master planned building complexes with Precise Plan approval. Such Precise Plans shall be for a total t:.ea of no less than 60,000 sq. ft. May be reduced to zero (0) with Site Plan approval. 35eights which vary from these standards may be approved via a conditional Use Permit and Site Plan approval. · Open space lots or other special setbacks along East "E" Street shall be included in the adjacent building lot area for purposes of the lot coverage falculation. Architectural feature, entry· identification, or roef-top screening allowed to 50 ft. in height . Refer also to Design Guidelines for individual parcel criteria. 7 Existing lots 4,7 & 8 of Final Map # 12267 (T.T. Map 88-2) shall have a minimum of 40 foot East "H" St. ROW setback for building less than 100,000 square feet. The East "5" St. building setback for all lots shall be used as a landscape buffer area. Any encroachment into this area for parking, driveways, or hardscape shall be subject to the approval of the Design Review Committee. "-PI IX-B-6 -_._...--,-.-- --------_.'---- - ( . 1 . t B. Spec~a Requ~remen s 1. Along all street frontages situated across from any residen- tially zoned property, the use of berms, fences, and landscap- ing shall be used consistent with the Buìsness Center Design Guidelines. 2. streetscapes shall be enhanced to provide an easy transition from the street to' the building. Patios, circulation and parking spaces can be included in setback areas to help buffer adjoining parcels. from one another. 3. For Lots 1 and 3 of subdivision 93-01 and Lot 1 of subdivision 92-05 the minimum building size shall be 100,000 square feet and shall be occupied by a single user. :IX-B. 3 GENERAL PERFORMANCE STANDARDS The following performance standards are general guidelines intended to describe the overall minimum design standards for the Commercial Center. The design guidelines which occur in Chapter V:I of the SPA Plan and the separate Employment Park/Commercial Center Design Guidelines text provide specific recommendations. A. Landscaping. I :In the commercial District the required front and exterior side (street side) yard setbacks shall be landscaped. Parking, driveways, and other decorative hardscape areas will be permitted within the required rear yard, interior side yard, East "H" Street, and Rice Canyon top-of-slope setbacks. (Refer also to Business Center Design Guidelines for areas abutting Rice Canyon), Landscap- ing shall consist predominantly of plant materials and shall be irrigated by automatic sprinklers. All planting and irrigation shall be in accordance with the city's Landscape Manual and the Business Center Design Guidelines. All landscaping shall be permanently maintained in a clean, healthy and thriving condition, free of weeds, trash and debris. . B. Equipment All ground mounted mechanical equipment, including heating and air conditioning units and trash receptacle areas, shall be completely screened from view of surrounding properties. (See also Business Center Design Guidelines) c. utilities All utility connections shall be designed to coordinate with the architectural elements of the site so as not to be exposed except where required by utility provider. (See also Business Center Design Guidelines) 4;~ IX-B-7 - -.-.--.-.-.-.........-..--- ATTACHMENT 6 ""- ~ m ~ ~ ~ o-~ ~ ~ ~x oo~~~~~~~~~~~~~~ t: .E=ëêti cc:c:cc:cc::cc:ccccc ". en CD a. Q I CD - " - :: . U ______-________ ca tIS en 0 MU).cacat--~,....I.OJl)CD,...~U)tØ= ~>~ --------------- rn "-, - > - '" ;;; rn :; ~ .r= ~ CD en Ü ü E CD c: 0(,) 0000000000000000 - s~~ ~~~~~~-~--~~----- ~ tJ'J en ~ ·"::ten 0> ~ ~u - = ~Ñ ~ U !E- ctI ro !: en c;s ¿ u. .9 ~ "'-I.OCCC\lC\lMOMU":ILO-.:TMCCI.O"I:T'";::: _ "'C en ttI --' __ CD =' 0.. $ t1) > Ü C/) Cü CD 0 ." 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W:: c::: YJ3 ~ =: N --- ....'"---- ------ ATTACHMENT 7 ~~~ CO_UNITT DEVELOPMENT DEPARTMENT City of Chula Vista -11- 276 Fourth Avenue MEMO j ~ ~ -- Chula Vista, CA 91910 - - - 619.691-5047 - 619.476.5310 FAX 01Y OF cvcomdev@cì.chula~Yísta.ca. us (HUlA VISfA Wednesday, April 21, 1999 TO: Jeff Steichen, Associate Planner S ' VIA: Chris Salomone, Community Development Director (. FROM: Cheryl Dye, Economic Development Manager øP RE: PLANNING COMMISSION AGENDA STATEMENT PCC 99-31/PCM 99-09 The Community Development Department recommends denial of the above mentioned project for the following reasons: · The proposed mini-storage use was never envisioned as being a compatible land use at the time the Community District was established in this area of Rancho del Rey. · Although the site is located over 1,000 feet from East 'H' Street [making retail development somewhat unfeasible] there are many types of 'commercial' uses which could occur and would be compatible with the surrounding land use [i.e. restaurant, offices]. · From an economic development perspective, there is inadequate justification to amend the District regulations; an allowed use such as office or restaurant would be preferabie in terms of job creation and/or tax revenue as well as overall synergy with surrounding uses, including the adjacent family- oriented bowling alley. · Mini-storage facilities can create security problems incompatible with a commercial retail center. - \()'f . APPENDIX B ATTACHMENT 8 1HE CfIY OF CHU1A VISTA DISa..OSURB SfATEMENT , >.. <OJ You are ~uired to file a Statement or Disclosure of certain ownership or financial interests, payments, or campaign contributions, on aU matters which will require discretionary action on the pan of the City Council, Planning Commission, and all other official bodies. The following information must be disclosed: L List the names of all persons having a financial interest in the property which is the subject of the application or the rontract, e.g., owner, applicant, rontractor, subcontractor. material supplier. 1. Caster Group, LP 2:. Paseo Corners, LTD I;· 2. If any person' identified pursuant to (1) above is a rorporation or partnership,list the names of all individuals owning more than 10% of the shares in the rorporation or owning any partnership interest in the partnership. 1. Terrence Caster 1. Brian Caster 2. Craig Clark 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 tbe past twelve months? Yes_ No~ If yes, please indicate person(s): 5. Please Identify eacb and every person, including any agents, employees. consultants, or independent contractors who you have assigned to represent you before tbe City in this matter. Gary Petty Brian CA~~Þ'" Tom Kearney Jeff Rogers David Ernst Cheryl Cox. 6. Have you andlor your officers or agents. in tbe aggregate, contn"buted more than $1,000 to a Counci1member in the current or preceding election period? Yes_ No!... If yes, state wbicb Councilmember(s): . · · (HOlE: A1tacIt lIIIditional pap as ~'Y) · . · Date: February 12, 1999 ---/ - r t7ÞL -..~ * May 11, 1999 Signaturé of rontractor icant Tom Kearney Print or type name of rontractorlapplicant . ~ is tkfUoaJ œ: "Any indiviJIwJl. firm, co-pannmhip, joint """".... <wocUUiDl~ socW cúd>, frøtDruJi O<FUzaúDl~ curpot'tllioI~ CSUIIC,_ r<cciva. ."uIkQJe, I _. .._ ~,_. _.._:~;_..,;.... ..l;....._ ,., .vlt_ rvJinrdl.suMi1lisiat1.. IX Gm' other rJT1Uþ or combinølion «Wig as G ww." - ------------...- COUNCIL AGENDA STATEMENT Item ..2../ Meeting Date 6/8/99 ITEM TITLE: Resolution 19'/1.:1 Rejecting apparent low bid for the "I-80S/Telegraph Canyon Road Interchange Improvements in the City of Chula Vista, CA (STM-304)" Project due to non-waivable irregularities in the bid proposal submitted; and awarding contract to the lowest responsible bidder Archer Western Contractors, Ltd., in the sum of$2,539,785,85; and appropriating $950,444.63 from Fund 621, Transportation Development Fund, to CIP Project STM-304, SUBMITTED BY: Director of Public Works REVIEWED BY: City Manag~ ~ (4/5ths Vote: YesXNo_) On February 20, 1999, the "I-80S/Telegraph any:Road Interchange Improvements in the City of Chula Vista, CA (STM-304)" Project was advertised. Five (5) bid proposals were received at 2:00 p,m. on March 24, 1999 by the Director of Public Works and sealed bids were opened in Conference Room 2 in the Public Services Building, The work to be done consists of widening the southbound and northbound off-ramps from I-80S to Telegraph Canyon Road, installation of traffic signals (southbound exit at Telegraph Canyon Road and Vons driveway at Telegraph Canyon Road) and widening of Telegraph Canyon Road under the I-80S bridge (eastbound). The work also includes excavation, grading, asphalt concrete paving, construction of structural retaining walls, landscaping, traffic control, and the construction of other appurtenant drainage structures. RECOMMENDATION: That Council: I. Reject the apparent low bid as non-responsive due to non-waivable irregularities in the bid proposal submitted; and 2, Award contract for the construction of the "I-80S/Telegraph Canyon Road Interchange Improvements in the City ofChula Vista, CA (STM-304)" Project to the lowest responsible bidder, Archer Western Contractors, Ltd" in the amount of$2,539,785,85; and 3, Appropriate $950,444,63 from the unappropriated balance of Fund 621, Transportation Development Funds to CIP Project STM-304, BOARDS/COMMISSIONS RECOMMENDATION: Not applicable. c1/'"¡ - - --~--~.,-,_.._--,------- Page 2, Item 2.ì Meeting Date 6/8/99 DISCUSSION: The Proiect Funds for this project were budgeted in the FY 1998-99 Capital Improvements Program (CIF) budget. The project location is at the I-80S and Telegraph Canyon Road interchange in the City of Chula Vista and consists of the widening of the Telegraph Canyon Road under-crossing to provide an additional eastbound lane, the widening of the northbound off-ramp to provide additional storage capacity, the realignment and signalization of the southbound loop off-ramp to create a near perpendicular intersection with Telegraph Canyon Road and to realign the southbound exit ramp at the I-80S main lanes to provide an additional exit lane for this ramp, The purpose ofthis project is to improve the flow of traffic along eastbound Telegraph Canyon Road through the interchange at I-80S, The interchange improvements were identified as operational and capacity needs for existing and projected year 2020 traffic volumes as presented in the Traffic Forecast Report dated December 23, 1996, and the Traffic Impact Report dated April 17, 1997. The project will eliminate traffic conflicts on Telegraph Canyon Road in the vicinity ofI-805, improve access to and egress fÌom I-80S at Telegraph Canyon Road and provide for aesthetic improvements to the interchange and the local street. The State of California, Department of Transportation (CalTrans) and the City ofChula Vista have signed a Cooperative Agreement for the construction of the interchange improvements (Attachment A). The agreement was approved on October 13, 1998, by Resolution No, 19213, The agreement identifies the roles and responsibilities of CalTrans and the City for the construction of these improvements, CalTrans agreed to provide at no cost to the City, a Resident Engineer to perform services in accordance with the provisions of State's Deputy Directive 23, In addition to the Resident Engineer, CalTrans agreed to deposit with the City $205,214 for the State's estimated share of the expense of the construction costs required to complete improvements to the southbound loop off-ramp. This deposit will be redeposited into the Transportation Development Fund, If the actual cost for the State's share of construction costs exceed that amount, they will reimburse the City for those additional costs up to a maximum of $300,000, The Bid Process The Bid Proposal was advertised on February 20, 1999 in conformance with the City of Chula Vista's competitive bidding process. Five (5) bid proposals for this project were received, All five bid proposals were above the Engineer's estimate of $2,217,316,00 and are as follows: )./- ;2.. -- Page 3, Item Z-/ Meeting Date 6/8/99 Contractor Bid Amount I. Nicholas Grant Corporation, San Diego $2,446,651,60 2, Archer Western Contractors, Ltd., San Diego $2,539,785,85 3. Wier Construction Corporation, Escondido $2,675,090,87 4. Asphalt Inc. $2,876,840,81 5. Scheidel Contracting and Engineer Inc. $2,956,507.05 The apparent low bid proposal in the amount of $2,466,65 1.60 was submitted by Nicholas Grant Corporation, During the review of the bid proposal, numerous items were found to have been improperly completed and/or contained several discrepancies, Some of the discrepancies included incorrectly listing the unit costs, incorrectly identifying a subcontractor, leaving a bid item blank and incorrectly summing the Grand Total for the construction cost On April I, 1999, Archer Western Contractors, Ltd" sent a letter to staff protesting Nicholas Grant Corporation's bid as non-responsive due to the numerous discrepancies, Chula Vista City Charter Section 1009 provides that the City Council may reject any and all bids presented. The City Council may waive any defects in any bid to the extent it finds at a public hearing held for that purpose that it is necessary to do so for the benefit of the public. Waivable defects are generally considered inconsequential deviations from the bid specifications, However, generally waivers should only be allowed if it would not give that bidder an unfair competitive advantage over other bidders. The Bid Proposal for this project states that "proposals may be rejected if they show any alterations of form, additions not called for, conditional or alternative bids, incomplete bids, erasures, or irregularities of any kind." The proposal further states that "in the case of disparity in the proposal between the lump sum or unit bid price shown in figures and words, the unit bid price or lump sum amount as stated in words shall prevail or take preference," The bid submitted by Nicholas Grant Corp. contained approximately 40 omissions or irregularities including failure to include sums stated in words and discrepancies in the sum stated in words and the sum in numbers, The initial Grand Total stated in the bid was $2,466,651,60. This amount did not equal the amounts listed in the total column (numbers) or the amount listed in the "Items with Unit Price Written in Words," Upon review, staffs calculation was $2,453,016.30, a difference of $13,635.30, After an objection was made by Archer Western Contractors, Ltd. to the responsiveness of Nicholas Grant Corp.'s bid, Nicholas Grant Corp, submitted a third calculation of$2,446,016.30 on April 12, 1999. Allowing Nicholas Grant Corp, to change its bid after the bidding deadline has occurred and after a bid protest was filed by Archer Western Contractors, Ltd, would, in staffs opinion, give Nicholas Grant Corp. an unfair competitive advantage over the other bidders in that they would have ;1./.. 3 - .--.--.----....-. Page 4, Item '2-; Meeting Date 6/8/99 additional time to spend on their bid over and beyond the time limit set by the City for the acceptance of bids, and after discovering the amounts of other bids. Additionally, Nicholas Grant Corp.'s failure to include in numerous instances the prices in words would give them additional time to prepare its bid (including securing subcontractor bids) if the City were to allow them to change the bid which was not afforded to the bidders who completed their proposals in conformance with the City's bid specifications, thus constituting, in staffs opinion, an unfair competitive advantage. Finally, because many of the errors made by Nicholas Grant Corp, are clerical in nature, Nicholas Grant Corp, had a legal remedy not available to other bidders of being able to withdraw its bid without forfeiting its bid bond, which is also an advantage over other bidders who are tied to their bids as they were submitted, The failure of Nicholas Grant Corp, to properly respond to the bid specifications renders its bid non- responsive and staff therefore recommends that Nicholas Grant Corp,'s bid be rejected, The second low bid was submitted by Archer Western Contractors, Ltd. Their bid proposal fully complied with all bid specifications but was above the engineer's estimate of $2,217,316,00 by $322,469,85 or 14.5%. The engineer's estimate was provided by the City's design consultant, Rick Engineering, and was based on average unit prices received on similar type projects. The fact that the City received bids higher than the engineer's estimate is attributed to the construction industry experiencing a boom and contractors having more work than they are able to bid, Thus, the City is now paying more for work due to competition with other public and private agenciesldevelopers and the large volume of work. The difference in Grand Totals between the low bidder, Nicholas Grant Corporation, and the second low bidder, Archer Western Contractors, Ltd, is $73,134,25 or 3%. Archer Western Contractors, Ltd, has recently completed several projects within the County of San Diego as a Contractor on various bridge, highway and street projects ranging úom $410,000 to $7,8 million. Staff has contacted references for those projects, and their recommendations and comments about the contractor have been satisfactory. Staff has also verified the contractor's license and other qualifications and determined that they are in good order. Staff believes a fair bid was received úom Archer Western Contractors, Ltd, and therefore recommends awarding the contract to Archer Western Contractors, Ltd" San Diego. Disclosure Statement A copy of the contractor's disclosure statement is attached as Attachment B. Environmental Status CalTrans has environmentally cleared the project through a Categorical Exemption, under the provisions of Section 15301 of the Public Utilities Code, Attachment C. The Environmental Review Coordinator úom the City of Chula Vista has reviewed the work involved in this project and has ,)./-'/ Page 5, Item '2-l Meeting Date 6/8/99 determined that the project is exempt under Section 15301, Class 1 C of the California Environmental Quality Act (Minor Alterations of Existing Public Improvements or Public Structures), Attachment D, Wage Statement The source of funding for this project is Transportation Development Fees, Contractors bidding this project were not required to pay prevailing wages to persons employed by them for the work under this project No special minority or women owned business requirements were necessary as part of the bid documents. Disadvantaged businesses were encouraged to bid through the sending of the Notice to Contractors to various trade publications, FISCAL IMPACT: FUNDS REQUIRED FOR CONSTRUCTION A, Contract Amount $2,539,785.85 B. Staff Costs (Construction & Inspection, 5%) $127,000.00 C. Construction Contingencies (10%) $254,000.00 TOTAL FUNDS REQUIRED FOR CONSTRUCTION $2,920,785,85 FUNDS AVAILABLE FOR CONSTRUCTION A. Interchange Improvements 621-621 0-STM-304 (Transportation Development I) $1,970,341.22 B. Appropriation of funds from unappropriated balance of 950,444,63 Transportation Development Funds - (Fund 621) to STM-304 TOTAL FUNDS AVAILABLE FOR CONSTRUCTION $2,920,785.85 The above action awarding of the contract will authorize a total expenditure of$I,970,341.22 from the budgeted CIP project In order to complete the project, an additional $950,444.63 will be appropriated from the unappropriated balance in Fund 621, Transportation Development Funds, Per the City's Cooperative Agreement with CalTrans, CalTrans has agreed to deposit an additional $205,214 for the construction of the south bound loop interchange improvements and to pay up to a maximum of $300,000 based on actual costs, This money from CalTrans shall be redeposited into the Transportation Development Fund, After construction, only routine City maintenance will be required, Attachments A - Cooperative Agreement B - Contractor's Disc10sure Statement C - Project Categorical Exemption by CalTrans D - Project Categorical Exemption by the City ofChula Vista BVH:bvh H:\HOME\ENGINEER\AGENDA \STM304.WPD File No: 0735-IO-STM-304 c2/" ç -. RESOLUTION NO. /91/13 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA REJECTING APPARENT LOW BID FOR THE "I-80S/TELEGRAPH CANYON ROAD INTERCHANGE IMPROVEMENTS IN THE CITY OF CHULA VISTA, CA. (STM-304) " PROJECT DUE TO NON-WAIVABLE IRREGULARITIES IN THE BID PROPOSAL SUBMITTED; AND AWARDING CONTRACT TO THE LOWEST RESPONSIBLE BIDDER ARCHER WESTERN CONTRACTORS, LTD, , IN THE SUM OF $2,539,785.85; AND APPROPRIATING $950,444.63 FROM FUND 621, TRANSPORTATION DEVELOPMENT FUND, TO CIP PROJECT STM-304 WHEREAS, on March 24, 1999, the following five bid proposals were received by the Director of Public Works for the "I-80S/Telegraph Canyon Road Interchange Improvements in the city of Chula vista, CA (STM-304)" Project: Contractor Bid Amount 1. Nicholas Grant Corporation, San Diego $2,466,651.60 2. Archer Western Contractors, Ltd., San Diego $2,539,785.85 3. Wier Construction Corporation, Escondido $2,675,090.87 4, Asphalt Inc. $2,876,840.81 5. Scheidel Contracting and Engineer rnc, $2,956,507.05 WHEREAS, the apparent low bid proposal in the amount of $2,466,651.60 was submitted by Nicholas Grant Corporation; and WHEREAS, during the review of the bid proposal, numerous items were found to have been improperly completed and/or contained several discrepancies which included incorrectly listing the unit costs, incorrectly identifying a subcontractor, leaving a bid item blank and incorrectly summing the Grand Total for the construction cost; and WHEREAS, on April 1, 1999, Archer Western Contractors, Ltd., sent a letter to staff protesting Nicholas Grant Corp,'s bid as non-responsive due to numerous discrepancies; and WHEREAS, Chula vista City Charter Section 1009 provides that the City Council may reject any and all bids presented and may waive any defects in any bid to the extent it finds at a public 1 ;2./ ~¿, --------. hearing held for that purpose that it is necessary to do so for the benefit of the public; and WHEREAS, waivable defects are generally considered inconsequential deviations from the bid specifications, however, generally waivers should only be allowed if it would not give that bidder an unfair competitive advantage over other bidders; and WHEREAS, the Bid Proposal for this project states that "proposals may be rejected if they show any alterations of form, additions not called for, conditional or alternative bids, incomplete bids, erasures, or irreqularities of any kind" and further states that "in the case of disparity in the proposal between the lump sum or unit bid price shown in figures and words, the unit bid price or lump sum amount as stated in words shall prevail or take preference; and WHEREAS, the bid submitted by Nicholas Grant Corp, contained approximately 40 omissions or irregularities including failure to include sums stated in words and discrepancies in the sum stated in words and the sum in numbers; and WHEREAS, the initial Grant Total stated a bid of $2,466,651,60 which did not equal the amounts listed in the total column (numbers) or the amount listed in the "Items with unit Price written in Words; and WHEREAS, staff's calculation was $2,453,016.30, a difference of $13,635.30; and WHEREAS, after an objection was made by Archer Western Contractors, Ltd., to the responsiveness of Nicholas Grant Corp.'s bid, Nicholas Grant Corp, submitted a third calculation of $2,446,016.30 on April 12, 1999; and WHEREAS, allowing Nicholas Grant Corp. to change its bid after the bidding deadline has occurred would, in staff's opinion, give Nicholas Grant Corp, an unfair competitive advantage over the other bidders in that they would have additional time to spend on its bid over and beyond the time limit set by the City for the acceptance of bids; and WHEREAS, additionally, Nicholas Grant Corp.'s failure to include in numerous instances the prices in words would give them additional time to prepare its bid (including securing subcontractor bids) if the city were to allow them to change the bid which was not afforded to the bidders who completed their proposals in conformance with the city's bid specifications, thus constituting, in staff's opinion, an unfair competitive advantage; and 2 02/~ ? __.0_____- __.___"_._.~_.._ WHEREAS, because many of the errors made by Nicholas Grant Corp. are clerical in nature, Nicholas Grant Corp, had a legal remedy not available to other bidders of being able to withdraw its bid without forfeiting its bid bond, which is also an advantage over other bidders who are tied to their bids as they were submitted; and WHEREAS, the failure of Nicholas Grant Corp. to properly respond to the bid specifications renders its bid non-responsive and staff therefore recommends that Nicholas Grant Corp,'s bid be rejected; and WHEREAS, the second low bid was submitted by Archer Western Contractors, Ltd, and their bid proposal fully complied with all bid specifications but was above the engineer's estimate of $2,217,316,00 by $322,469.85 or 14,5%; and WHEREAS, the difference in Grand Totals between the low bidder, Nicholas Grant Corporation, and the second low bidder, Archer Western Contractors, Ltd. is $73,134.25 or 3% which difference is minor based on the overall cost for the project; and WHEREAS, staff believes a fair bid was received from Archer Western Contractors, Ltd, and therefore recommends awarding the contract to Archer Western Contractors, Ltd, , San Diego. NOW, THEREFORE, BE IT RESOLVED the City Council of the City of Chula vista does hereby reject the apparent low bid as non- responsive due to non-waivable irregularities in the bid proposal submit ted. BE IT FURTHER RESOLVED that the city Council does hereby award the contract for the construction of the "I-805/Telegraph Canyon Road Interchange Improvements in the City of Chula vista, Ca, (STM-304)" Project to the lowest responsible bidder, Archer Western Contractors, Ltd, , in the amount of $2,539,785.85. BE IT FURTHER RESOLVED that the sum of $950,444,63 is hereby appropriated from the unappropriated balance of Fund 621, Transportation Development Funds to CIP Project STM-304. BE IT FURTHER RESOLVED that the Mayor of the city of Chula vista is hereby authorized and directed to execute said contract on behalf of the city of Chula vista, Presented by Approved as to form by John p, Lippitt, Director of Public Works H:\HOME\ATTORNEY\RESO\STM304 3 d-./ ~ ~ - . . . .~-/ 01.431.7 -- ll-SD-805 AiT ACHMENT -Â. KP9.8 EA 11119-093190 Agreement No. 11-4269 Telegraph Canyon Road Interchange Improvements COOPERATIVE AGREEMENT THIS AGREEMENT, ENTERED INTO ON / ¿J )¡ J / <} y, is between the STATE OF CALIFORNIA, acting by and through its Department of Transportation, referred to herein as "STATE", and CITY OF CHULA VISTA, a body politic and a municipal corporation i of the State of California, referred i to herein as CITY ! i ! I RECITALS L STATE and CITY, pursuant to Streets and Highways Code Sections 114 and 130 are J authorized to enter into a Cooperative Agreement for improvements to State highways within CITY. I " ,. , . ~ 2, STATE and CITY contemplate the widening of the Telegraph Canyon Road undercrossing, the widening of the northbound off-ramp, the realignment and signalization of the southbound loop off-ramp and the realignment of the southbound exit ramp at State Route 805, referred to herein as "PROJECT", and desire to specify the terms and conditions under which PROJECT is to be constructed, financed, operated and maintained, ~ ~ SECTION J.... .~ CITY AGREES: L To bear CITY's share of construction engineering costs, estimated to be $221,602, and to , provide all necessary construction engineering services for PROJECT except that of ., Resident Engineer which will be provided by STATE at STATE's cost as stated in Section '.. .. n. Article (3) of this Agreement ,:.... 1;i ~: .oiï ~: :~ .. )./-1 11 A" Cð98"-/7/ g¡.i ~I1_... , 11-4269 . 2. To identify and locate all high and low risk underground facilities within the PROJECT area and to protect or otherwise provide for such facilities, all in accordance with STATE's "Manual on Hi~ and Low Risk Under~round Facilities Within Hi~hway Ri¢ItS ofWav". CITY hereby acknowledges receipt of STATE's "Manual on High and Low Risk Underwound Facilities Within Highwav Rights of Way" , 3, To apply for fee exempt encroachment permits necessary for required work within State highway rights of way, in accordance with STATE's standard permit procedures 4. To advertise, award, and administer construction contract for PROJECT in accordance with STATE's Local Assistance Procedures Manual, Approval of STATE's financial participation by the California Transportation Commission and the Federal Highway Administration shall be assured prior to advertising. 5, To construct PROJECT in accordance with plans and specifications of CITY to the satisfaction of and subject to the approval of STATE, 6, To pay CITY's share of the actual capital construction costs of PROJECT estimated to be $1,795,000. In no event shall CITY's total obligation for PROJECT costs under this Agreement, excluding costs referred to in Section IIl, Article (12), exceed the amount of $2,016,602; provided that CITY may, at its sole discretion, in writing, authorize a greater amount 7, Upon completion of PROJECT and all work incidental thereto, to furnish STATE with a detailed statement of the total construction costs to be borne by STATE, including resolution of any construction related claims which have been allowed to the construction contractor, CITY thereafter shall refund to STATE (promptly after completion of CITY's final accounting of PROJECT costs) any amount of STATE's deposit required in Section II, Article (I) remaining after actual costs to be borne by STATE have been deducted, or to bill STATE for any additional amount required to complete STATE's financial obligation pursuant to this Agreement, subject to the limitations of STATE's participation as stipulated in said Section II, Article (I), 8, Upon completion of PROJECT, to furnish STATE two complete sets of full-sized, film positive, reproducible as-built plans, ,r )j-It:l .. __H__ ~__.___..__",__,,______. , ] 1-4269 9. To reimburse STATE for CITY's proportionate share ofthe cost of maintenance of traffic control signaJs and safety lighting, such share to be an amount equal to 50"10 of the total maintenance costs, including electrical energy costs for the southbound ramps and 60"/0 of the total maintenance costs, including electrical energy costs for the northbound ramps and Halecrest Drive, 10, To retain or cause to be retained for audit by STATE or other government auditors for a period of three (3) years Horn date of final payment, all records and accounts relating to construction of PROJECT, SECTION n STATE AGREES: .- L To deposit with CITY within 25 days of receipt of billing therefor (which billing will be forwarded 15 days priorto CITY's bid advertising date of a construction contract for PROJECT), the amount of$ 205,214, which figure represents STATE's estimated share of the expense of construction costs required to complete improvements to the southbound loop off-ramp of PROJECT only, STATE's total obligation for said anticipated construction costs for such improvements to PROJECT under this Agreement sha1I not exceed the amount of $300,000, excluding costs referred to in Section ill, Article (12) of this Agreement 2, STATE's share ofthe actual capital construction costs for PROJECT (estimated to be $205,2 14) include the construction costs to complete the improvements to the southbound loop off-ramp, the cost of construction related claims and the cost of CITY defense of any of those claims, as detennined after completion of work and upon final accounting of costs, 3, To provide, at no cost to CITY or CITY's contractor, a Resident Engineer to petform those services included in STATE's oversight responsibility for construction of PROJECT in accordance with the provisions of STATE's Deputy Directive 23 (DD23). 4, To pay CITY upon completion of all work and within twenty (20) days of receipt of a detailed statement made upon final accounting of costs therefor, any amount over and above the aforesaid advance deposit required to complete STATE's financiaJ obligation pursuant to this Agreement, provided that STATE's total obligation does not exceed the amount as stipulated in Article (I) of this Section II, exclusive of utilities referred to in Section III, Article (12) of this Agreement /' 01.;....;/ - -------.,.- 'I 11-4269 I 5, To maintain the entire traffic control signals and safety lighting as installed and pay an amount equal to 50"10 of the total maintenance costs, including electrical energy costs for the southbound ramps and 40% of the total maintenance costs, including electrical energy costs for the northbound ramps and Ha1ecrest Drive. 6. To operate the traffic control signals as installed and pay one hundred percent (100%) of the operation cost, 7, To issue at no cost, upon proper application by CITY and by CITY's contractor, the necessary encroachment permits for required work witrun the State rughway right of way. ,- SECfJON ill IT IS MUTUALLY AGREED: L All obligations of STATE under the terms of trus Agreement are subject to the appropriation of resources by the Legislature and the allocation of resources by the California Transportation Commission, I 2, Should CITY advertise a contract for PROmCT prior to the allocation of resources by I , the California Transportation Commission and prior to Federal Highway Administration approval of a FNM76 Form for Federal participation, there is no guarantee of STATE's and/or Federal participation and CITY shall assume all risks thereof 3. Should any portion ofPROmCT be financed with Federal funds or STATE gas tax funds, all applicable laws, regulations and policies relating to the use of such funds shall apply notwithstanding other provisions oftrus Agreement. 4. Construction by CITY of improvements referred to herein wruch lie within STATE rughway rights of way or affect STATE facilities shall not be commenced until CITY's original contract plans involving such work and plans for utility relocations have been reviewed and approved by signature of STATE's District Director of Transportation, or the District Director's delegated agent, and until an encroachment permit to CITY authorizing such work has been issued by STATE, Receipt by CITY of CITY's contract plans signed by STATE shall constitute STATE's acceptance and official approval of said plans, ~ :<';-/2 _H^··_ , . 11-4269 , 5, CITY shall obtain aforesaid encroachment permit through the office of State District Permit Engineer and CITY's application shall be accompanied by eight (8) sets ofreduced construction plans of aforesaid STATE approved contract plans. Receipt by CITY of the approved encroachment permit shall constitute CITY authorization iTom STATE to proceed with work to be performed by CITY or CITY representatives within proposed STATE right of way or which affects STATE facilities, pursuant to work covered by this Agreement. CITY's authorization to proceed with said work shall be contingent upon CITY's compliance with all provisions set forth in this Agreement and said encroachment permit, .. 6, CITY's construction contractor shall also be required to obtain a fee exempt encroachment permit iTom STATE prior to commencing any work within STATE rights of way or which affects STATE facilities, The application by CITY's contractor for said encroachment permit shall be made through the office of State District Permit Engineer and shall include proof said contractor has payment and performance surety bonds covering construction of PROJECT, , 7, CITY sha1I not advertise for bids to construct PROJECT until after an encroachment , I permit has been issued to CITY by STATE, nor shall CITY award a contact to construct , PROJECT until after receipt of STATE's deposit required in Section n, Article (I) of this Agreement, g, After opening of bids for construction of PROJECT, STATE's estimate of cost will be revised based on actual bid prices. STATE's required deposit under Section n, Article (1) of this Agreement will be increased or decreased to match said revised estimate. If deposit increase or decrease is less than 10%, no refund or demand for additional deposit will be .. made until final accounting, 9. After opening bids for construction of PROJECT, and if bids indicate a cost overrun of no more than 10% of the estimate will occur, CITY may award the contract, 10, If, upon opening bids, it is found that a cost overrun exceeding 10% of the estimate will occur, CITY and STATE shall endeavor to agree upon an alternative course of action, If, after thirty (30) days, an alternative course of action is not agreed upon, this Agreement shall be deemed to be terminated by mutual consent pursuant to Article (1 I) of this Section ill. .K ,2/- / J .. _.~_._."._- . . 11-4269 . II. If termination of this Agreement is by mutual agreement, CITY will bear 100% of all capital construction costs incurred prior to termination. 12. If any existing public and/or private utility facilities conflict with PROJECT construction or violate STATE's encroachment policy, CITY shall make all necessary arrangements with the owners of such utilities for their protection, relocation or removal in accordance .- with STATE policy and procedure for those utilities located within the limits of work providing for the improvement to the State highway and in accordance with CITY policy for those facilities located outside of the limits of work for the State highway, Total costs of such protection, relocation or removal shall be in accordance with STATE policy and procedure, Any relocated or new facilities shall be correctly shown and identified on the As-Built plans referred to in Section I, Article (8) of this Agreement 13. Upon completion of all work under this Agreement, ownership and title to materials, equipment and appurtenances installed within STATE's right of way will automatically be vested in STATE, and materials, equipment and appurtenances installed outside of STATE's right of way will automatically be vested in CITY. No further agreement will be necessary to transfer ownership as hereinabove stated. 14, The cost of any maintenance referred to herein in this Agreement shall include all direct and indirect costs (functional and administrative overhead assessment) attributable to such work, applied in accordance with STATE's standard accounting procedures. 15, Nothing in the provisions of this Agreement is intended to create duties or obligations to or rights in third parties not parties to this Agreement or affect the legal liability of either party to the Agreement by imposing any standard of Care with respect to the maintenance of State highways different rrom the standard of care imposed by law. 16. Neither STATE nor any officer or employee thereof is responsible for any damage or liability occurring by reasons of anything done or omitted to be done by CITY under or in connection with any work, authority or jurisdiction delegated to CITY under this Agreement It is understood and agreed that, pursuant to Government Code Section 895.4 CITY shall fully defend, indemnify and save harmless the State of California, all officers and employees rrom all claims, suits or actions of every name, kind and description brought for or on account of injury (as defined in Government Code Section 810.8) occurring by reason of anything done or omitted to be done by CITY under or in connection with any work, authority or jurisdiction delegated to CITY under this Agreement, .- ß" e2/-11 - . 11-4269 . 17. Neither CITY nor any officer or employee thereof is responsible for any damage or liability occurring by reason of anything done or omitted to be done by STATE under or in connection with any work, authority or jurisdiction delegated to STATE under this Agreement. It is understood and agreed that, pursuant to Government Code Section .- 895.4, STATE shall fully defend, indemnifY and save harmless CITY ITom all claims, suits or actions of every name, kind and description brought for or on account of injury (as defined in Government Code Section 810,8) occurring by reason of anything done or omitted to be done by STATE under or in connection with any work, authority or jurisdiction delegated to STATE under this Agreement. 18, In the construction of said work, STATE will furnish a representative to perform the functions of a Resident Engineer and CITY may, at no cost to STATE, furnish a representative, ifit so desires, and said representative and STATE's Resident Engineer will cooperate and consult with each other, but the decisions of STATE's Resident Engineer shall prevail. 19, The signal controllers, telephone service and connection are existing and shall remain as part of PROJECT, .- -- "..--- ?' ~/... /..5 - ^ --...-..--.....,...,-..-----.- It....~i431- '7 .-'...'.,"-'" . '. '<'~ to die constrUc:tion of PROJECT shall c'¡;;:: r'lt"oa and acceptance of the constructIon contract for PROJECT by "'(:ITYwith concurn:nce of STATE, or on December 31,2000, whichever is earlier in time; however, the ownership, operation, maintenance, liability, and claims clauses shall remain in effect until terminated or modified, in writing, by mutual agreement. Should any construction-related claim arising out of PROJECT be asserted against CITY, STATE agrees to extend the termination date of this Agreement and provide additional funding as required to cover STATE's proportionate share of costs or execute a subsequent Agreement to cover those eventualities. STATE OF CALIFORNIA CITY OF CHULA VISTA DEPARTMENT OF TRANSPORTATION JAMES W. VAN LOBEN SELS Director of Transportation By ~)4~ By: Jj/JÁh~ District D" sio C' 1: Design Shirley orton, Mayor Certified as to funds: ftPfï ù\)e..,4.. o-s.. -\-0 I=O( M '. ~Jv-Q~ By: (Iv--- ~ District Budget Manager s,c:"", or .4~í~~. CI \-'1 t4-H-y , Approved as to form and procedure: Certified as to procedure: ~~ Ìfl~~ Ac ountmg Adrrumstrator ,$ 02/ -I? -- THE CITY OF CHULA VISTA DISCLOSURE STATEMEN1ìTTACHMENT -.2. You are required to file a Statement of Disclosure of certain ownership or financial interests, payments, or campaign contributions, on all maners which will require discretionary action on the pan of the City Council, Planning Commission, and all other official bodies. The following information must be disclosed: L List the names of all persons having a ftnancial interest in the property which is the subject of the application or the Contract, e.g., owner, applicant, Contractor, subcontractor, material supplier. 7l/.A 2. If any person· identifted pursuant to (I) above is a corporation or partnership, list the names of all individuals owning more than 10% of the shares in the corporation or owning any partnership interest in the pannership. /1'7/ ~ 3, If any person. identifted pursuant to (I) above is non-proftt organization or a trust, list the names of any person serving as director of the non-proftt organization or as trustee or beneftciary or trustor of the trust. -n/A 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 2f. 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. /?1/A ---.. .-- 6, Have you and/or your officers or agents, in the aggregate, contributed more than $1,000 to a Council meC"Þer m the current or preceding election period? Yes _ No.1... If yes, state which Council members(s): __e·. · · · (NOTE: Attached additional pages as Date: March 24, 1999 Signa o Contractor Applicant Matthew Walsh, President Print or type name of Contractor/Applicant . ~ is defined as: "Any individual, firm, co-parrnership, joint venture, association, social club, fratenwl 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 combinalion acting as a unit, ~ eJ./- I') ----- ---------- · CATEGORICAL EXEMPTION/EXCLUSION DETERMINATI~ACHMENT (1_ 11-SD-805 KP,9.8 EA:09319K Prop,osal Des:::ription and Purpose: (Briefly describe proposal, purpose, location, limits, and ñght of way requirements.) On Route 805 at Telegraph Canyon Road in the City of Chula Vista, San Diego County; widen northbound off·ramp to provide additional storage capacity, realign and signalize southbound loop off-ramp to create a near perpendicular intersection with Telegraph Canyon Road and realign the southbound exit ramp at 'the 1-805 main lanes to provide an additional exit lane for this ramp in ordèr to improve access-1niâ ~gress. No new right.of way is required. . -~. - - - CATEGORICAL EXEMPTION (CEQA) 1. If this project falls within exempt class 3. 4, 5, 6, or 1', it does not impact an environmental resource of hazardous or critical concern where designated, precisely mapped, and officially - adopted pursuant to law. YES 2. There will not be e significant cumulative impact by this project and successive projects of the same type in the same place, over time. YES 3, There is not a reasonable possibility that the project will have significant effect on the environment due to unusual circumstances. YES 4. This project does not damage a scenic resource within a designated state scenic highway or, if within exempt class 1, involve the removal of a scenic resource. YES '5. This project does not involve substantial controversy on environmental grounds. YES CATEGORICAL EXCLUSION (NEPAJ 1. This project does not have a significant effect on the environment. N/A 2. This project does not involve substantial controversy on environmental grounds. N/A 3. This project does not involve significant impacts on properties protected by Section 4(f) of the N/A DOT Act 0' Section 106 of the National Historic Preservation Act. 4. This project is not inconsistent with any Federal, State, or local law or administrative N/A determination relating to the environment. CALTRANS DETERMINATION 8ased on an examination of this proposal and the above statements, It is determined that the project is: t8J Categorically exempt. Class 1 of the State CEQA Guidelines. o Categorically exempt, General rule exemption. This project does not fall with!n an exempt class, but it can be seen with certainty that there is no possibility that the actJVity may have a significant effect on the environment. o Statutorily exempt. , AND, (if applicabte) o Categorically excluded. f'~~ ~/r.!?f8 Signature, Signature, Date Environmental Branch Chief Originating Branch Chief FHWA DETERMINATION lif applicable) .. . Based on the evaluation of this project, it is detennined that the project meets the cntena of and 's properly classified as a Categorical Exclusion. Signature - FHW A Date o Includes Mitigation pe' attached. ,),)-, / r ~ - --_.._--~----_._~ - - ¡IHACHMENT L. NOTICE OF EXEMPTION TO: /xl Office of Planning & Research FROM: Environmental Review Coordinator 1400 Tenth Street, Room 121 Planning Department Sacramento, CA 95814 City of Chula Vista 276 Fourth Avenue /xl County Clerk. Chula Vista, CA 92010 County of San Diego 220 Broadway DATE: March 26, 1998 San Diego, CA 92101 Project Title Interstate 80S/Telegraph £anyon Road Interchange Modification Project Location - Specific Interstate 80S/Telegraph Canyon Road interchange Project Location - City of Chula Vista Project Location - County of San Diego Description of Nature, Purpose, and Beneficiaries of Project Modification of existing inter- change design to improve ramp and surface street access. The project is intended to accommo- date existing and projected (Year 2020) traffic volumes, improve circulation and reduce traffic hazards. Name of Public Agency Approvin9 Project City of Chula Vista Name of Person or Agency Carrying Out Project City of Chula Vista Exempt Status: (Check One) _____Feasibility/Planning Study (Sec. 15262) _____Ministerial (Sec. 15268) _____Declared Emergency (Sec. 15269a) _____Emergency Project (Sec. 15269 b & c) --x--Categorical Exemption.. State Type.and section number: 15301 (Class I C) _____Not a Project (Sec. 15378) _____General Rule (Sec. 15061a3) Reasons why this project is exempt: Pursuant to Section 15301 of the State CEQA Guidelines, the proposed project would entail a minor alteration of the existing I-80S/Telegraph Canyon Road interchange and associated surface streets. Contact Person: Area Code Telephone Douglas D. Reid 619 691-5101 If filed by applicant: . l. Attach certified document of exemption finding. 2. Has a notice of exemption been filed by the publ ic agency approving the project? Yes X No Date Received for Filing ¡}.,J - / '7 Signature I' CASE NO. ERE-98-04 WPC 6388P - COUNCIL AGENDA STATEMENT Item: ,). 2- Meeting Date: 06/08/99 ITEM TITLE: Presentation and discussion of SANDAG's Preliminary 2020 Cities/County Forecast (2020 Forecast), SUBMITTED BY: Director of Planning and Building ~e C_=i<y _'O"""""~ (5, REVIEWED BY: City Manage~ ~ ---. In March 1999, the SANDAG Board of Directors released the 2020 Forecast for information and review (Attaclunent A), The 2020 Forecast is a result of several years of work through SANDAG's Regional Growth Management Technical Committee in which City staff is a participant. The 2020 Forecast covers the period from 1995 to 2020 and contains projections for each jurisdiction for population, housing, and employment growth, It updates SANDAG's prior Series 8 Forecast which covered the period from 1990-2015, The 2020 Forecast continues to call attention to the fact that current general and community plans in the region do not designate enough land for urban-density residential use, and therefore, cannot accommodate projected growth, In response, the 2020 Forecast assumes changes to current plans to add needed urban-density capacity consistent with principles in the adopted Land Use Distribution Element of the Regional Growth Management Strategy, or what is commonly becoming known as "smart growth", This report summarizes the 2020 Forecast and its underlying assumptions to facilitate the Council's discussion, SANDAG staff will make a presentation and be available for questions, RECOMMENDATION: That Council accept the Preliminary 2020 CitieslCounty Forecast as information only and direct staff to forward the City's comments to SANDAG via the City Manager's Office as presented in Attaclunent B. BOARDS/COMMISSIONS RECOMMENDATION: On May 19, 1999, SANDAG presented the 2020 Forecast at a Planning Commission workshop. Due to lack of a quorum, the Commission did not formally make any recommendations on the 2020 Forecast, They did, however, express general support of the Forecast and the "smart growth" principles, The Planning Commission also expressed an interest to discuss with the Council and the Economic Development Commission the implementation of "smart growth" principles to address specific local land use, housing and economic development issues, J.J. -- / - Page 2, Item: 22.. Meeting Date: 06/08/99 DISCUSSION: OVERVIEW OF FORECAST NUMBERS A, AMOUNT/RATE OF GROWTH Population · By 2020 the San Diego Region's population is projected to increase by 44% for,a total population of 3,853,297, · Chula Vista's population is projected to grow 82%, for a total of 275,455 in 2020, This is the third largest percentage growth rate in the region, with Carlsbad projected at 97%, followed by San Marcos at 93%, In total population numbers, we will remain the second largest city in the region, behind San Diego, · Incrementally, Chula Vista's population is projected to reach 208,107 by 2005, and 233,313 by 2010, Projected overall average, annual population growth to 2020 is about 4,975 people/year, or about 2,5%/year, By comparison, Chula Vista's average, annual population growth between 1980 and 1995 was 3,027 people/year, or about 3%/year (excluding the inhabited Montgomery annexation), Housing Units · An additional 407,547 housing units (41 % increase) are projected to be constructed in the San Diego Region by 2020, for a total of 1,404,231 units, · An additional 42,557 housing units (79 % increase) are projected to be constructed in Chula Vista, for a total of 96,518 units, This equates to an overall, annual average of about 1,702 units/year, By comparison, Chula Vista's average, annual housing unit growth between 1980 and 1995 was 955 units/year. Employment · Civilian employment for the region is projected to increase by 50%, · Chula Vista ranks 6th among cities with the highest growth in employment, An additional 41,537 jobs are projected for the City (an increase of 90%), The City of Poway leads in employment growth with an increase of 169%, followed by Vista with 145%, San Marcos with 105%, and Carlsbad with 109%, Once all jurisdictions reach build out of their land use plans, development is projected to shift to undeveloped lands in the rural and unincorporated areas of the County, Land consumption in rural areas can lead to urban sprawl, an overburdened transportation system, and a threat to agricultural lands, open space, and environmental resources, ;2. 2" ;2.. -.. - -_...~--..--.- . Page 3, Item: 22- Meeting Date: 06/08/99 The San Diego region has a total of 636,000 acres of vacant, developable land remaining (free of any environmental or policy constraints to development), Approximately 606,000 of those acres are planned for residential use, and almost all (98 %) of this land is projected to be consumed by 2020 under current land use plans and policies. These vacant lands are currently planned for relatively low densities resulting in faster consumption of land and the inability to accommodate the region's projected population increase of over 1 million persons over the next 20 years, B, SHIFT IN REGIONAL GROWTH DISTRIBUTION ChuJa Vista's Increased Role In Providing for Regional Housing Demand As illustrated by the above housing unit figures, Chula Vista is projected to have significant growth between now and the year 2020, In fact, and as further illustrated in the following table, annual rates are projected to almost double from an average of 895 unitslyear since 1980, to 1,890 units/year between now and the year 2020, As shown in the right hand column of the following table, ChuJa Vista will absorb 10,3% of the region's total housing unit growth, compared to 5.6% from 1980 to 1998, Average Annual Chula Vista San Diego Chula Vista as a % of Growth Region the Region's Growth (dwelling units) Historic 1980 - 1998 895 15,994 5,6% Projected 1999-2020 1,890 18,360 10,3% This clearly illustrates that Chula Vista's past growth levels are not a reflection for the future, and that a fundamental shift will occur in the distribution of regional growth from jurisdictions that have reached build out capacity of their land use plans, to jurisdictions like Chula Vista that have additional land use capacity remaining, Due to the City's large amount of vacant land, which includes the annexation of 9,500 acres of the Otay Ranch project, and the other master planned communities in the eastern part of the City, Chula Vista has one of the largest inventories of remaining, developable residential lands in the regIOn, )2-3 - Page 4, Item: 22- Meeting Date: 06/08/99 C. EMPLOYMENT OPPORTUNITIES The 2020 Forecast shows that next to the City of San Diego, the City of Chula Vista will have the largest amount of employment land (in the Forecast defined as retail/industrial/office/school) in the County in 2020, Chula Vista's business community will employ the third largest number of people (only San Diego and Carlsbad's business community will employ more), However, City staff continues to review the employment statistics in the 2020 Forecast in light of several factors; the projected rate of development, the inventory of employment land, and the timing of the University Site in Otay Ranch: · The 2020 Forecast appears to indicate civilian employment in Chula Vista growing faster between 1995 and 2005 than we expect employment land to be developed, A more gradual growth pattern may be more accurate, · SANDAG's recent Employment Land Inventory and Market Analysis, March 1999, (ELI) indicates that Chula Vista has more employment land (in the ELI defined as Industrial and Office) available than is shown by the 2020 Forecast. Chula Vista may be under-represented by as many as 219 acres, This would mean a corresponding under-representation in civilian employment by the year 2020, SANDAG is aware of the discrepancy between the two studies and has indicated that they will be reconciling the Forecast to the ELI information in a second draft of the 2020 Forecast targeted for the end of this year. Employment Land Inventory Vacant Land 1995 994 acres Employment Land Inventory Vacant Land 1998 1 ,006 acres 2020 Forecast Vacant Land 1995* 787 acres *Includes only industrial and office · Otay Ranch Villages 9 and 10 (the planned University of California - Chula Vista site) are not reflected in the 2020 Forecast because SANDAG assumed the University Site (UCCV) would not develop until after the year 2020, Based on on- going negotiations, the UCCV site is expected to develop in 2010-2020, and therefore, should be included in the 2020 Forecast, Villages 9 and 10 include approximately 450 net acres that will have an employment component if UCCV is developed before 2020, ..2 .2 ~ If - Page 5, Item: 2.2- Meeting Date: 06/08/99 LAND USE POLICY IMPLICATIONS (Land Use Distribution Element) Regional Setting As noted at the beginning of this report, the 2020 Forecast figures reflect the modeling of land use policies that are not fully manifested in current General and Community Plans in the region, Current land use plans of the regions' 19 jurisdictions do not designate enough urban-density residential land to accommodate projected growth through 2020, Alternatives to current land use plans are needed in order to balance growth with the need to preserve open space and environmental resources, provide affordable housing, contain urban sprawl, and reduce traffic congestion. The Land Use Distribution Element of the Regional Growth Management Strategy, which was endorsed by the cities and adopted by the SANDAG Board in 1995, identifies several policies to counteract these problems, The Land Use Distribution Element recommends that each jurisdiction should: 1) Place its highest densities within walking distance of transit stations, along bus corridors and within traditional town centers, 2) Encourage mixed use development and mixed housing types, 3) Incorporate residential uses within large employment areas, For preparation of the 2020 Forecast, four Land Use Distribution Alternatives were identified and evaluated in tenns of their relative impacts on land use, environmental, and transportation issues, These Land Use Distribution Alternatives also compared the continuation of existing policies to the implementation of the Land Use Distribution Element. After considerable discussion and evaluation among the region's Planning Directors, SANDAG staff, and the SANDAG Board, the 2020 Forecast was based upon Land Use Alternative 4, Land Use Alternative 4 is based on the implementation of "smart growth" principles which place the highest residential densities and mixed uses, for all jurisdictions, within walking distance (1,000 foot radius) of existing and planned transit stations and town centers, Outside those sites, residential development on vacant and infillland occurs at the top end of general and community plan density ranges. In the unincorporated area, town centers are excluded as Land Use Distribution Element sites, and a cap is placed on future residential development based on community plans and sponsor group area population targets. Chula Vista General Plan With regard to the Chula Vista General Plan, modeling of Land Use Distribution Alternative 4 in the 2020 Forecast generates a build out housing total of approximately 96,500 units, compared ;¿;¿ ~..5 - Page 6, Item: 21- Meeting Date: 06/08/99 to our current General Plan capacity of approximately 86,000 units; an increase of 10,500 units (or about 12%). This occurs through increases in density around existing trolley station sites at E Street, H Street and Palomar Street, and through assuming development at the high end of the existing General Plan residential density ranges for infilllredevelopment and vacant residential lands, Because of the approval status of several eastern Chula Vista master planned communities, they were exempted from modeling of the high end of existing General Plan residential density designations, These included Sunbow, Rancho Del Rey, EastLake Greens and Rolling Hills Ranch, Additionally, because Otay Ranch was deemed to already reflect Land Use Distribution Element principles, its future transit station areas were also exempted in the 2020 modeling. Staff has recently learned, however, that despite our request to exempt all lands within Otay Ranch from application of AIternative 4, SANDAG did apply the high end of existing General Plan densities calculation to vacant residential lands in Otay Ranch outside of the village core areas, This represents about 4,500 of the 10,500 additional units modeled for Chula Vista under the 2020 Forecast. It results in the 2020 Forecast (Alternative 4) reflecting about 6,000 residential units above our existing General Plan Capacity, However, General Development Plans for these Villages have already been approved, and a change in densities at this time would require major revisions to these overall plans, CONCLUSIONS/RECOMMENDATIONS In addition to providing direction for accommodating the region's growth, the 2020 Forecast is intended as a planning tool for local governments and for use in regional studies and plans, Acceptance of the Preliminary 2020 Forecast as information does not amend the City's General Plan or obligate Council to adopt general plan or zoning amendments, However, in order to achieve a balance between growth and quality of life issues, SANDAG advocates that all jurisdictions in the region work cooperatively to amend their land use plans to incorporate and implement "smart growth" principles, Since it will take time for jurisdictions to implement these changes through future land use plans and zoning updates, the Land Use Alternative 4 model does not take effect until 2005, Collective implementation of "smart growth" principles by the region's jurisdictions will result in the following benefits: 1) Every person in the region will spend on average at least eight fewer hours in a vehicle a month, 2) The average commuter will on average drive 800 fewer miles each year. 3) The average household will on average need to buy 220 fewer gallons of gas every year, ,2,2-~ - Page 7, Item: 2-2- Meeting Date: 06/08/99 4) The average household will on average save $600 per year in total travel costs, Planning and Economic Development staff have brought the City's concerns to SANDAG's attention, Staff will continue to have on-going dialog with SANDAG to resolve the issues concerning the projected rate of development, the inventory of land, the timing of the development of the University Site in Otay Ranch, and the exclusion of Otay Ranch from AIternative 4 of the 2020 Forecast. Council should accept the 2020 Forecast for information only, with the following comments (noted in more detail in Attachment B) forwarded to SANDAG: · Review the projected rate of development between 1995-2005, · Amend the 2020 Forecast to reflect SANDAG's recent Employment Lands Inventory, which could results in the addition of approximately 219 acres, · Include the University Site in Villages 9 and 10 of Otay Ranch in the 2020 Forecast with a projected development date between 2005-2010. · Remove the approximately 4,500 additional dwelling units inappropriately modeled for Otay Ranch, Staff also recommends to SANDAG, that jurisdictions which implement "smart growth" principles receive priority in regional funding opportunities, FISCAL IMPACT: None Attachments A. SANDAG 2020 Cities/County Forecast B. Draft City comment letter to SANDAG (H:\home\planning\edalia\missassi\Rcouncil2020.doc) .1;2.-;> - -- ,...- ~\ - San Diego Association of Governments BOARD OF DIRECTORS February 26. 1999 AGENDA REPORT No,: 99-2- 7 Action Requested: INFORMATION PRELIM:JNARY 2020 CITIES/COUNTY FORECAST - TECHNICAL UPDATE Introduction The 2020 Regionwide Forecast, based on the Regional Economic Prosperity Strategy, was accepted by the Board in July 1998. The allocation of that forecast to jurisdictions and other geographic areas comprises the 2020 Cities/County Forecast The attached tables summarize the population, housing and employment forecasts for the 19 local jurisdictions and for sphere of influence areas, The Board directed staff to prepare a preliminary 2020 Cities/County Forecast based on the recommendations of the November Land Use Alternatives report, and on updated land use inputs by local jurisdictions. The recommendations of the November report were: I) implement the Land Use Distribution Element (commonly referred to as "Smart Growth") policies and utilize the top ends of the planned density ranges in the cities, and 2) employ the County population targets in the unincorporated area, Discussion The Cities/County Forecast is simply a tool. It aids elected officials and planners by simulating the potential development patterns in the region if certain changes are made to public policy, These shifts in policy are important because they are the means through which we can help to ensure a sustainable and prosperous region. The 2020 Forecast recognizes that population growth in the region will continue, and that a large portion of it is the result of natural increase, not just migration, And, there is the understanding that the primary elements of local government's role in growth management are interrelated: L Maintaining a prosperous economy, 2, Providing an adequate and equitable transportation system, 3, Preserving open space and habitat 4. Increasing the rate of home ownership, 5. Reforming the state -local tax system to assist and sustain all of the above, ,2..2 - r ATTACHMENT A Page 1 of 22 - _.--, - ~. The 19 jurisdictions are being asked to accept the forecast for use in planning projects. The fon;cast illustrates that the growth in each city and community will require changes to many general and community plans. The Growth Management Public Outreach program (described in Agenda report 14) is intended to increase public awareness and understanding of managing local and regional growth. KENNETH_E. S Executive Director Attachment Key Staff Contact: Paul Kavanaugh. (619) 595-5349; e-mail- pka@sandag,cog,ca.us Funds are Budgeted in Overall Work Program 102.07 ~2/~ ATTACHMENT A Page 2 of 22 ~- - --- --- -~"._-.-~-- - - ,- .~ Attachment Table 1 2020 Cities/County Forecast Total Population By Jurisdiction and Sphere of Influence ChanQe 1995-2020 1995 2005 2010 2020 Num. Pet. Jurisdictions: Carls bad 67,167 97,446 109,332 132,232 65,065 97% Chula Vista 151,093 208,107 233,313 275,455 124,362 82% Coronado 28,705 29,166 29,209 29,719 1,014 4% Del Mar 5,093 5,543 5,736 6,079 986 19% EI Cajon 91 ,464 99,337 101,964 104,563 13,099 14% Encinitas 56,788 66,564 68,440 70,750 13,962 25% Escondido 117,525 136,211 140,490 143,228 25,703 22% Imperial Beach 27,732 29,230 30,180 33,333 5,601 20% La Mesa 56,254 61,752 63,979 66,828 10,574 19% Lemon Grove 24,605 27,887 29,342 30,238 5,633 23% National City 54,120 57,949 58,580 58,977 4,857 9% Oceanside 145,903 184,138 196,613 202,592 56,689 39% poway 45,161 50,904 52,031 53,338 8,177 18% San Diego 1,174,422 1,403,874 1,499,437 1,693,533 519,111 44% San Marcos 47,360 67,453 75,356 91,557 44,197 93% Santee 53,593 68,561 73,607 74,856 21,263 40% Solana Beach 13,531 14,714 15,103 16,127 2,596 19% Vista 79,506 95,616 101,364 103,316 23,810 30% Unincorporated 429,178 519,022 553,621 666,576 237,398 55% Region 2,669,200 3,223,474 3,437,697 3,853,297 1 ,184,097 44% Spheres of Influence: Chula Vista 164,653 224,393 249,617 291,934 127,281 77% EI Cajon 108,607 118,256 120,724 123,366 14,759 14% Encinitas 56,821 66,598 68,470 70,780 13,959 25% Escondido 136,313 158,668 164,455 170,933 34,620 25% National City 56,127 60,034 60,747 61,134 5,007 9% Poway 45,334 51,101 52,225 53,532 8,198 18% San Marcos 52,464 73,193 81,289 98,075 45,611 87% Vista 92,991 111,351 118,774 124,199 31,208 34% Note: The forecast may exceed the capacity of current general or community plans because it incorporates higher residential and employment densities within walking distance of transit stations and in certain town centers. This forecast was released for local agency review by the SANDAG Board of Directors in February, 1999, Source: San Diego Association of Governments, February, 1999 ,Z.2'/¡:/ ATTACHMENT A IS'" Page 3 of 22 ...-- ----------.....- .'-'. ,- Table 2 2020 Cities/County Forecast Total Housing Units By Jurisdiction and Sphere of Influence ChanCle 1995-2020 1995 2005 2010 2020 Num. Pet. Jurisdictions: Carls bad 28,927 40,337 45,789 55,123 26,196 91% Chula Vista 53,961 70,928 80,775 96,518 42,557 79% Coronado 9,530 9,661 9,867 10,105 575 6% Del Mar 2,563 2,627 2,754 2,913 350 14% EI Cajon 34,703 36,043 37,336 38,534 3,831 11% Encinitas 22,600 25,227 26,185 27,057 4,457 20% Escondido 43,742 48,403 50,570 51,764 8,022 18% Imperial Beach 9,853 9,956 10,363 11,501 1,648 17% La Mesa 24,787 25,824 26,943 28,259 3,472 14% Lemon Grove 8,811 9,559 10,133 10,477 1,666 19% National City 15,443 15,983 16,330 16,548 1,105 7% Oceanside 55,836 67,048 72,351 74,529 18,693 33% Poway 15,101 16,377 16,905 17,406 2,305 15% San Diego 453,515 518,784 559,327 631,237 177,722 39% San Marcos 16,736 22,921 26,042 31,738 15,002 90% Santee 18,625 22,842 24,673 25,120 6,495 35% Solana Beach 6,427 6,585 6,860 7,317 890 14% Vista 28,890 33,254 35,591 36,256 7,366 25% Unincorporated 146,634 171,377 186,263 231,829 85,195 58% Region 996,684 1,153,736 1,245,057 1,404,231 407,547 41% Spheres of Influence: Chula Vista 58,459 76,096 85,999 101,851 43,392 74% EI Cajon 41,205 42,909 44,220 45,458 4,253 10% Eneinitas 22,610 25,237 26,195 27,067 4,457 20% Escondida 50,006 55,815 58,567 61,314 11,308 23% National City 16,049 16,588 16,968 17,188 1,139 7% Poway 15,160 16,438 16,967 17,469 2,309 15% San Marcos 19,519 25,875 29,108 35,052 15,533 80% Vista 33,597 38,515 41,459 43,427 9,830 29% Note: The forecast may exceed the capacity of current general or community plans because it incorporates higher residential and employment densities within walking distance of transit stations and in certain town centers. This forecast was released for local agency review by the SANDAG Board of Directors in February, 1999, Source: San D¡ego Association of Governments, February, 1999 ATTACHMENT A 2..2-/( Page 4 of 22 Á .-. - - - _.._.~--- ~ - Table 3 2020 Cities/County Forecast Civilian Employment By Jurisdiction and Sphere of Influence Chanae 1995-2020 1995 2005 2010 2020 Num, Pet. Jurisdictions: Carls bad 41,225 69,592 73,858 86,156 44,931 109% Chula Vista 45,996 67,643 73,200 87,533 41,537 90% Coronado 14,900 15,209 15,266 15,331 431 3% Del Mar 3,183 3,549 3,589 3,589 406 13% EI Cajon 39,810 46,397 47,650 50,908 11,098 28% Encinitas 22,645 27,191 27,685 27,779 5,134 23% Escondido 45,809 57,207 59,079 63,431 17,622 38% Imperial Beach 3,291 4,054 4,212 4,354 1,063 32% La Mesa 23,286 25,417 25,794 27,317 4,031 17% Lemon Grove 6,991 8,083 8,277 8,450 1,459 21% National City 21,844 25,356 26,048 28,056 6,212 28% Oceanside 34,551 54,746 57,876 67,149 32,598 94% Poway 14,432 33,113 35,236 38,776 24,344 169% San Diego 606,561 747,084 768,152 836,913 230,352 38% San Marcos 24,121 40,436 42,837 49,566 25,445 105% Santee 14,738 20,052 21,043 22,570 7,832 53% Solana Beach 8,662 9,179 9,279 9,696 1,034 12% Vista 25,748 50,403 54,068 63,034 37,286 145% Unincorporated 87,154 114,633 118,785 137,153 49,999 57% Region 1,084,947 1,419,344 1,471,934 1 ,627,761 542,814 50% Spheres of Influence: Chula Vista 47,590 69,674 75,292 89,803 42,213 89% EI Cajon 43,292 50,409 51,778 55,154 11,862 27% Encinitas 22,652 27,198 27,692 27,786 5,134 23% Escondido 48,279 60,427 62,421 67,581 19,302 40% National City 22,008 25,554 26,246 28,254 6,246 28% Poway 14,445 33,126 35,249 38,789 24,344 169% San Marcos 25,620 41,935 44,336 51,322 25,702 100% Vista 28,105 53,953 57,775 67,343 39,238 140% Source: San Diego Association of Governments, February, 1999 J.2-/:2. ATTACHMENT A ¡!' Page 5 of 22 --- -_.._,~_.~.__.._._----- San Diego 2020 t...ies/County Forecast ~ City of Chula Vista ASSOCIATION OF GOVERNMENTS Note: The forecast may exceed the capacity of CUffent general or community plans because it incorporates higher residential and employment densities within walking distance of existing and potential transit stations and in certain town centers. This forecast was reieased tor tocal agency review by the SANDAG Board of Directors in February, 1999. I Population and Housing I 1995 to 2020 Chance 1995 2005 2010 2020 Numeric Percent TOTAL POPULATION 151,093 208,107 233,313 275,455 124,362 82% Household Population 149,610 206,328 231,377 273,303 123,693 83% Group Quarters Population 1,483 1,779 1,936 2,152 669 45% Civilian 1,483 1,779 1,936 2,152 669 45% Military ° ° ° ° ° 0°' '0 TOTAL HOUSING UNITS 53,961 70,928 80,775 96,518 42,557 79% Single Family 29,525 40,990 46,091 54,180 24,655 84% Multiple Family 20,704 26,285 31,068 38,607 17,903 86% Mobile Homes 3,732 3,653 3,616 3,731 -1 0% OCCUPIED HOUSING UNITS 51,375 67,769 76,973 92,472 41,097 80% Single Family 28,282 39,460 44,303 52,619 24,337 86% Multipie Family 19,477 24,758 29,158 36,223 16,746 86% Mobile Homes 3,616 3,551 3,512 3,630 14 0% - VACANCY RATE 4.8% 4.5% 4.7% 4.2% ·0.6% -13% Single Family 4,2% 3.7% 3,9% 2,9% -1.3% Þ31% - Multiple Family 5,9% 5,8% 6,1% 6,2% 0,3% 5% Mobile Homes 3.1% 2.8% 2.9% 2.7% -0.4% -13% PERSONS PER HOUSEHOLD 2,91 3.04 3.01 2.96 0.05 2% Population and Employment, 1995 to 2020 300,000 250,000 --------------------------------- ------------- 200,000 150,000 - -- -------------------------~----------------------- 100,000 ------------------------------------------------------ EI 8 8 50,000 ---[3' --- - - -- _n - -- - - - - - - - -- - 0 1995 2000 2005 2010 201'5 2020 ____ Population -a- Civilian Employment Source: SANDAG Page 1 ~) - /:1 February 26, 1999 ATTACHMENT A Page 6 of 22 - San Diego 2020 ~ities/County Forecast fG A City of Chula Vista '$">::}:j ASSOCIATION OF GOVERNMENTS Note: The forecast may exceed the capacity of current general or community plans becausB It incorporates higher residential and employment densities within walking distance of existing and potential transit stations and in certain town centers, This forecast was released for local agency review by the SANDAG Board of Directors in February, 1999. I Employment and Income I 1995 to 2020 Chance 1995 2005 2010 gQgQ Numeric Percent TOTAL EMPLOYMENT 45,996 67,643 73,200 87,533 41,537 90% Civilian Employment 45,996 67,643 73,200 87,533 41,537 90% Manufacturing 5,534 6,861 6,528 6,301 767 14% Transp., Comm. & Utilities 1,698 2,463 2,534 2,816 1,118 66% Wholesale Trade 2,208 4,096 4,779 6,172 3,964 180% Retail Trade 10,485 13,944 14,638 16,587 6,102 58% Finance, Ins, & Real Estate 2,318 3,418 4,050 5,541 3,223 139% Services 11,108 18,653 20,436 25,905 14,797 133% Government 7,632 10,897 12,331 14,516 6,884 90% Other' 5,013 7,311 7,904 9,695 4,682 93% Military Employment 0 ° ° ° 0 0% EMPLOYMENTIHOUSING RATIO 0.85 0,95 0.91 0.91 0.05 6% HOUSEHOLD INCOME Number of Households 1995 to 2020 Chance (Constant (1995) Dollars) 1995 2005 2010 2020 Numeric Percent Less than $10,000 4,253 4,364 4,749 5,178 925 22% $10,000-$14,999 3,527 3.335 3,378 3,294 -233 -7% $15,000-$24,999 7,554 7,569 7,858 8,045 491 6% $25,000-$34,999 7,825 8,821 9,514 10,385 2,560 33% $35,000-$49,999 9,140 10,847 11,514 12,181 3,041 33% $50,000-$74,999 10,893 17,822 21,727 28,616 17,723 163% $75,000-$99,999 4,517 8,384 10,519 14,702 10,185 225% $100,000 or more 3,666 6,647 7,714 10,071 6,405 175% MEDIAN HOUSEHOLD INCOME Current Dollars $39,150 $69,439 $87,760 $143,664 $104,514 267% Constant (1995) Dollars $39,150 $48,546 $51,695 $56,249 $17,099 44% 1, Employment In a9rlculture, mining, and construction Industries, and self-employed and domestic workers, Sou,ce: SANDAG Page 2 .22. -It( February 26, 1999 ATTACHMENFA Page 7 of 22 "--- . ~--_. ---..-.--.-..----. -"---- San Diego 2020 (,lties/County Forecast ~ City of Chula Vista ASSOCIATION OF GOVERNMENTS Note: The forecast may exceed the capacity of current general or community plans because it incorporates higher residential and employment densities within walking distance of existing Bnd potential transit stations and in certain town centers. This forecast was released for local agency review by the SANDAG Board ot Directors in February, 1999. I land Use I 1995 to 2020 Chanae 1995 2005 2010 2020 Numeric Percent TOTAL ACRES 32,065 32,065 32,065 32,065 0 0% Developed Acres 23,574 25,626 25,873 26,721 3,146 13% Low Density Single Family 34 34 34 34 0 0°' '0 Single Family 4,997 6,955 7,859 9,484 4,488 90% Multiple Family 1,098 1,401 1,606 1,984 886 81% Mobile Homes 254 222 215 191 -63 -25% Other Residential 13 13 13 13 0 0% Industrial 1,111 1,551 1,558 1,764 654 59°jg CommerCÎal/SeNices 1,483 1,862 1,922 2,115 631 43% Office 132 172 186 245 113 86% Schools 718 782 796 843 125 17% Roads and Freeways 3,499 3,951 4,471 4,492 993 28% Agricultural and Extractive 1 6,612 5,057 3,588 1,931 -4,681 -71% Parks and Milhary Use 3,624 3,624 3,624 3,624 0 0% Vacant Developable Acres 3,578 1,526 1,279 431 -3,146 -88% Low Density Single Family 0 0 0 ° 0 0% Single Family 1,782 659 589 ° -1,782 -100% Multiple Family 97 33 25 0 -97 -100% Industrial 758 338 345 213 -545 -72% Commercial/SeNices 306 91 73 0 -306 -100% Office 29 28 24 19 -10 -35% Schools 245 205 205 200 -45 -18% Future Roads and Freeways 361 173 19 0 -361 -100% Constrained Acres 4,913 4,913 4,913 4,913 0 0% EMPLOYMENT DENSITy2 13.4 15.5 16.4 17.6 4,3 32% RESIDENTIAL DENSITy3 8.4 8,2 8.3 8,2 -0.2 -2% 1, This is not a forecast of agricultural land, because the 2020 Cities/County Forecast does not account for land that may become agricuttural in the future, Also, some types of development, such as low density single family, may not prectude the continuation of existing agricultural use, 2, Civilian employment per developed employment acre (Industrial, retail, office, and schoois), 3. Total housing units per developed residential acre, Source: SANDAG Page 3 ))."'/þ' February 26, 1999 ATTACHMENT A Page 8 of 22 .- - - .---.,. r-- 2020 Cities/County Forecast Land Use Alternatives Summary Our land use policies, particularly as they relate to housing, need to be consistent with our economic, environmental and transportation policies, The current general and community plans are not. The region is now Our land use policies should be committed to a fundamental restructuring both economically and updated to make them environmentally, which gives us an excellent opportunity to bring our land consistent with other use plans up to date, Ifleft unchanged, those plans will, through sprawl, high regional plans, housing costs, excessive land consumption and traffic congestion, prevent us from reaching our goals, and over time, will degrade our quality of life. The Land Use Distribution Element provides policy direction that coordinates with our prosperity strategy, habitat conservation plans and transportation plans. It puts growth in the cities and urban areas, closerto where the jobs are. Land Use Distribution It provides residents with more housing choices and opportunities. It Element actions will improve concentrates the needed infrastructure improvements, It allows more our quality of life, transportation options, It even cleans the air. Taken as a package, these new policies can lead to a more sustainable community, They can help to ensure that the San Diego region of the future will be an even better place than it is today. Background Since the release of the Series 8 Regional Growth Forecast in 1995, SANDAG has been calling the region's attention to the fact that current general and community plans do not designate enough land for urban-density residential Current plans cannot use, and cannot accommodate our forecasted growth, Continuing these accommodate our policies will only worsen the problems we are now experiencing: rising forecasted growth, housing costs, urban sprawl, loss of open space and habitat, and, especially, traffic congestion, All of these problems can be countered by making changes to our plans to direct the growth to where it belongs - our cities and urban areas, A model The Land Use Distribution for accomplishing this is found in the policies of the Land Use Distribution Element is the cornerstone of Element, In 1993, SANDAG adopted the Regional Growth Management growth management. Strategy, and the Land Use Distribution Element is the cornerstone of that plan, It recommends that each jurisdiction should: · Place its highest densities within walking distance of transit stations, along bus corridors and within traditional town centers, · Encourage mixed use development and mixed housing types, · Incorporate residential uses within large employment areas. ATTACHMENT A ;¿.2-/¿, Page 9 of 22 November, ]998 . San Die.e:o Association of Governments . ] .-_. ~ -, ~', r- , It provides homes, Clear benefits will result from implementing these recommendations. They conserves land and reduces will help to provide the homes that we need, They will conserve open space. traffic congestion, They will allow the region a greater return on its investment in public transit and higl1\\'ays, and they will help to ease traffic congestion. The Land Use Distribution ¡;:Iement provides housing policies that both complement and are consistent with our newly adopted economic prosperity and habitat policies, Our local economy is in the process of restructuring. It is consistent with The Regional Economic Prosperity Strategy is helping to replace our old the region's newly reliance on defense and aerospace with increasing numbers of well-paying adopted economic and jobs in modern, export-driven industries such as biotech, software, environmental policies. environmental technology and communications, The people who fill these jobs all have at least one thing in common: they need homes, If reasonably priced and reasonably located homes are not available, the region will not be able to compete for these jobs. After years of study and consensus building, the region has made the Land Use Distribution important decision that we want to preserve our valuab]e habitat and open Element actions will produce a space areas. To do this, we need to reverse the pattern of sprawl, and replace sustainable community, it with a more compact, efficient and environmentally sensitive pattern of development - in other words, a more sustainable community. This objective is exactly what the Land Use Distribution Element is designed to achieve. The 2020 Forecast Land Use Alternatives The Regional Gro",th Management Technical Committee (the region's The alternatives compare planning directors), identified four land use scenarios for producing the the continuation of 2020 Cities/County Forecast, and staff analyzed their relative impacts on existing policies to land use, transportation and environmental issues, In effect, these alternatives imlementing the Land Use compare the continuation of existing policies to implementing the Distribution Element. recommended actions of the Land Use Distribution Element. The four scenarios are described below, Existing Policies (Alternative I) is the current general and community plans and development policies with no changes. Land Use Distribution Elernent alternatives: "L.U.D.E." (Alternative 2) simulates the maximum implernentation of the policies recommended in the Land Use Distribution Element. That is, each jurisdiction's or community plan area's highest residential densities as well as mixed uses are located within walking distance (IOOO-foot radius) of the existing and planned transit stations and.town centers identified on Map I at the end of this report. Outside those sites, residential development occurs as it currently does, which in most jurisdictions means at the mid-point of the plans' density ranges, "L.U.D.E. Plus" (Alternative 3) implements the Land Use Distribution Element as in Alternative 2, and also assurnes that all future residentia] development wi]] occur at the top end of the density ranges expressed in the general and community plans. ? ATTACHMENT A ,2.2.. - / PilgP 10 ()f ?? I 2 . San Diego Association of Governments . November, 1998 - ,"- ~, ~ "Targets" (A]¡ernative 4) is identical to Alternative 3 in the cities, In the unincorporated area, this a]¡ernative puts a cap on future residential development based on County community plan and sponsor group area population targets, It also deletes the unincorporated town centers as Land Use Distribution Element sites. All four scenarios were run through SANDAG's forecasting, transportation and air pollution computer models, and their relative impacts were studied. This report presents the resu]¡s of that analysis. Facts About Density and a Recommendation Any density increases implied by the Land Use Distribution Element alternatives are both modest and appropriate for urban areas, They do not call for high-rise apartment buildings or extremely dense development. Density increases are modest. They do not fill the older sections of our cities with high-density multifamily Multifamily densitie~ structures, They do make more land available for multifamily and mixed use are not affected. near transit, but mostly at densities that are already in each plan, The multifamily densities in our current plans are reasonable. The problem is the single farnily densities. The 2020 Forecast indicates that the majority of future homes will be single family units, Under existing policies, the average planned single family density on vacant land in the cities The problem is that planned is only 2.4 units per acre, Comparatively, the average density of all existing single family densities are single family land in the cities is 5.5 units per acre, In other words, our current lower than today's existing plans call for future residents to live at a density less than half of what we live densities. in today, Average single family densities in cities in the future should be what they are today, about 5 or 6 units per acre, Anything less is a wasteful use of urban land, Today, overall density (single family and multifarnily) on developed residential The Land Use Distribution land in the cities is 7.7 units per acre, Current plans propose future density Element alternatives have on now-vacant land to be only 3,7 units per acre. The three Land Use only a small impact on Distribution Element a]¡ernatives modestly raise this figure on nm"-vacant overall density, land to 4,3, 4.8 and 4.9 units per acre respectively, As a result of this analysis, staff recommends that the region's I 8 cities should adopt the policies expressed in the Land Use Distribution Element, and in addition, take the necessary steps to ensure that future residential development occurs at densities appropriate to urban areas, The County has embarked on what will be a three year effort to update its general and community plans, At this point, their intention is to use their 2020 population targets as the basis of that update, The following pages present the full analysis of the land use alternatives, Complete data tables are found in the Appendix, ATTACHMENT A .2:2 --I r Page 11 of 22 November, 1998 . San Diego Association of Governments . 3 ~- .- Land Use Impacts The most glaring flaw in our current land use plans and policies is that they induce sprawl, which results in the consumption of huge amounts of]and, We Current plans induce sprawl have 636,000 acres of vacant, developable land in the region, (Developable and consume too much land, meaning free of any environmental or policy constraints to development.) The continuation of our existing policies would result in 98 percent of that land - 624,000 acres - being consumed by 2020. That figure is reduced dramatically under any of the three Land Use Distribution Elementalternatives, Figure I cornpares the potential land consumption of the four scenarios. Figure 1 CURRENT LAND USE POLICIES CONSUME TOO MUCH LAND (Acres of Land Consumed, 1995-2020) 800,000 624,200 600,000 .....----.... ....._..__.. ..................__.. ...............__.. .....n........·..······ 400,000 ............. .................-_. ...........--.......... ...--.......-........ 200,000 ............. .............. 0 Existing L.U,D.E, L.U,D.E. Targets Policies Plus Most of our vacant developable land, about 606,000 of the 636,000 acres, is p]anned for residentia] use, and virtually all of that land will be gone by 2020 Only seven percent of under existing policies. The real problem, the reason our current plans vacant residential/and is consume so much land, is that only 44,000 of these vacant residential acres, planned for densities greater or about seven percent, are planned for densities greater than one housing than one unit per acre. unit per acre, In fact, fewer than 9,000 acres of vacant, developable land in the entire region are planned for densities of 5 units per acre or more, a typical suburban tract home density, 5 Units per Acre 2).'17 ATTACHMENT A Paqe 12 of 22 4 . San Diego Association of Governments . November, 1998 -.. .-.- ~ - This lack of appropriate planned densities is most acute in our cities. Today, the overall density on all developed residential land in the region's 18 cities In cities, planned density, is about 7,7 units per acre, a fairly low figure, However, the aggregate including multifamily, is only planned density for all currently vacant residential land (single family and 3,7 units per acre, multifamily) in the cities is only 3.7 units per acre, Crban densities need to be higher than this, By just slightly increasing overall densities on vacant land, and directing Only a small increase in future development to the urban and suburban areas, the Land Use Distribution density on currently vacant Element alternatives conserve hundreds of thousands of acres. Figure 2 land is needed, shows this impact and indicates the resulting average density of each scenario. Figure 2 SMALL INCREASES IN DENSITY CONSERVE LARGE AMOUNTS OF LAND (Acres of Residential Land Consumed, 1995·2020) 800,000 600,000 ............. ........... ......- ...--....... .................- ................... 400,000 ............. ...............................-.......... ................-... 200,000 .........--.. ..... ......,......,........... 0 Existing L.U.D.E, L.U.D,E. Targets Policies 4.3 units/acre Plus 4.9 units/acre 3.7 units/acre 4.8 units/acre D Rural . Urban The geographic distribution of future housing units under the four scenarios is illustrated in Figure 3 on the next two pages. The contrast in land- consuming sprawl between Existing Policies and any of the three Land Use Distribution Element alternatives is immediately apparent. J;¿ - ;J.tJ ATTACHMENT A Page 13 of 22 November, 1998 . San Diego Association of Governments . 5 - /...~ - ~. Figure 3 COMPARED TO EXISTING POLICIES, ALL THREE LAND USE DISTRIBUTION ELEMENT ALTERNATIVES HELP CONTAIN SPRAWL (Distribution of New Housing Units, 1995 - 2020) . . '. . Existing Policies (Alternative I) . " II ,. . . !' - " t it'" . "', "L, U.D.£." '". (Alternative 2) ::.> "- "*-t= "';'" .' . . . 0. f' . .. ~'1 " r " 1 Dot = 50 New Units . ~f Ì\files - 0 9 18 Kilometer5 11.4 22.8 é).)....t:tZ/ ATTACHMENT A PnQP 14 nf ?? 6 . San Diego Association of Governments . November, 1998 -- ........~..__..__...._..__.._----- -- .--- - Figure 3 (Continued) COMPARED TO EXISTING POLICIES, ALL THREE LAND USE DISTRIBUTION ELEMENT ALTERNATIVES HELP CONTAIN SPRAWL (Distribution of New Housing Units, 1995 - 2020) . . ;q.~ ',¡ ~.: "L, U.D.E. Plus" IÞ (Alternative 3) ..... . ,5. . .. i;~~ "Targets" '~ (Alternative 4) ~-.~ ... ". ... . . f' 1 Dot = 50 New Units Miles 0 9 IS Kilometers 11.4 22.8 ,2..2. ... eJ. 2 ATTACHMENT A Page 15 of 22 November, 1998 . San Diego Association of Governments , 7 - -- ~. Subregional Impacts Different parts of the region In addition to their regional irnplications, the scenarios were studied in terms have different characteristics: of their subregional impacts. Map 2 at the end of this report depicts the three geographic areas used for this analysis. The area to the west represents the current city boundaries. All of our urban, Cities and suburbs... and most of our suburban development is now located within this area. It contains the m'\iority of our existing infrastructure, such as transportation corridors and water and sewer lines, The surrounding western unincorporated area has some infrastructure, but closer in but mostly rural... is mostly rural in nature, including large-lot homes and agricultural uses. This area also includes several small "country towns" such as Fallbrook, Ramona, Lakeside and Alpine, The eastern unincorporated area comprises the five easternmost County community plan areas: North Mountain, Central Mountain, Mountain and the backcountry, Empire, Julian and Desert, This land is, for the most part, rugged, rural backcountry, It is remote from most employment, schools and services. And it includes some of our most important environmentally sensitive areas. The benefits of the three Land Use Distribution Element alternatives becorne even clearer when we look at land consurnption in terms of these three geographic areas. Figure 4 shows the percent of currently vacant land in each of the three The Land Use geographic areas that is consumed by 2020. Land consumption in the cities Distribution Element is no higher under any of the Land Use Distribution Element alternatives. alternatives direct growth to Outside the cities, however, it drops by as much as 70 percent in the western more appropriate places. unincorporated area, and as much as 94 percent in the eastern unincorporated area under those three alternatives, Figure 4 THE LAND USE DISTRIBUTION ELEMENT REDUCES SPRAWL (Consumption of Available Vacant Land by 2020) 100% 80% ............. 60% ..........-.. 40% ............. 20% ............. 0% Existing L.U,D,E. L.U,D.E, Targets Policies Plus DCities o West Unincorporared . East Unincorporated e2.1 ... .J.. J ATTACHMENT A Page 16 of 22 8 . San Diego Association of Governments . November, 1998 -- ~ -. - Water The availability of water is another important growth issue. The County Water Authority's mandate is to provide whatever supplies of water are needed by its member agencies. The problem, however, is that under existing I 00, 000 new houses would policies, as many as 107,000 housing units could be built outside of the have to be supported current CW A boundaries, In theory, these areas could be annexed to CW A by groundwater. member agencies, but serving them would require huge capital expenditures. There are currently no plans to provide service to these areas, Agriculture In 1995, about 210,000 acres were actively being used for agriculture in the region. About 80,000 of those acres are on land that is constrained from Most land currently in development for physical, environmental or otherreasons. Ofthe remaining agriculture is planned for 130,000 developable acres, most is planned for rural residential use (one unit some other use, per acre or less), About 20,000 acres are slated for eventual urban uses, It should be noted that residential development at rural densities does not necessarily preclude the continuation of agriculture on that land. Many farms are small. The County Department of Agriculture, Weights and 75,000 acres of current Measures notes that 65 percent of farms in the region are on nine acres or less. agricultural land is planned However, of the 110,000 acres that are currently in agriculture and planned for less than 5-acre lots, for rural residential use, 75,000 acres are planned for lot sizes of five acres or less. Development to lots of this size could impact the viability of some agricultural uses, The potential for impacts and the degree of impacts would vary depending on the location and type of agriculture, Most of the 20,000 acres of developable agricultural land that is planned for urban uses is consumed by 2020 in all of the scenarios, Figure 5 compares the relative consumption of agricultural land planned for rural residential use, It shows that the acreage designated for less than 5-acre lots that is subject to the most consumption. Figure 5 AGRICULTURAL LAND CAN BE SPARED FROM DEVELOPMENT (Acres of Agricultural Land Developedfor Rural Residential Use) 120,000 100,000 80,000 60,000 nOh.. 40,000 20,000 0% Existing L.U.D,E. L.U,D.E, Targets PoJicies Plus 0> 5-Acre Lots . < 5-Acre Lots e22 -,1.'( ATTACHMENT A Page 17 of 22 November, 1998 . San Diego Association of Governments . 9 - ------...-.....-. "------.---.....-- - ~'- ~ Transportation Impacts It is all but certain that traffic will increase in the region over the next 20 years, The Regionwide Forecast indicates another 1 million people will be Traffic, along with added by 2020, and that could easily translate to more than 500,000 population, will additional vehicles. Building more and more roads to accommodate them is continue to increase. neither feasible nor desirable. In fact, the region will soon be nearing the end of its ability to build new highways as the primary response to demands for more travel capacity, One of the best ways to manage the situation is to give people the opportunity to live reasonably close to where they work. This doesn't necessarily mean Long commutes make within walking distance, although many would welcome that option. It meanS congestion worse. providing housing within an acceptable commuting distance, within the urban and suburban limits of our own region. Right now, some portion of the traffic on 1-15 is the result oflocal employees who were forced to Riverside County to find affordably priced housing, If people continue to leave the region in search of affordability, companies A lack of housing can have may soon follow. If houses in those areas are significantly Jess expensive, so severe economic impacts. too is the office and industrial land, and the workforce is already in place. Without a supply of reasonably priced housing, the region cannot cornpete forthe desirable, well-payingjobs we need to maintain our standard of li\'Ìng, Any of the Land Use The four forecast land use scenarios were evaluated using SANDAG's Distribution Element transportation and air quality models, and the outputs compared, The three alternatives would be Land Use Distribution Element alternatives each demonstrated a significant an improvement, irnprovement over our existing land use polices, (See Table 1). Table 1 LAND USE DISTRIBUTION ELEMENT ALTERNATIVES RESULT IN TRANSPORTATION BENEFITS (Percent Reduction of Impacts Compared to Existing Policies) Transportation Category L.U.D.E. L.U.D.E. Plus Targets Miles of Congestion on Arterials -71% -71% -69% Miles of Congestion on Freeways -14% -17% -18% Vehicle Miles Traveled -13% -14% -13% Vehicle Hours Traveled -21% -22% -22% Average Trip Length in Time -20% -22% -20% Average Trip Length in Distance -13% -14% -12% Total Costs of Travel and Fuel -19% -20% -19% Total Air Pollutants -11% -11% -11% 02.2" ,2;- ATTACHMENT A Page 18 of 22 10 . San Diego Association of Governments . November, 1998 . .--..- ~. - -- - - COMPARED TO EXISTING POLICIES, THE LAND USE DISTRIBUTION ELEMENT ALTERNATIVES: I. REDUCE CONGESTION (Miles of Congestion Per Day, 2020) 300 200 .....,............,......... ............-...... JOO 0 Current Existing L.U.D.E. L.U,D,E. Targets (1995 ) Policies Plus o Freeways . Anerials 2, MEAN SPENDING LESS TIME IN A VEHICLE (Total Vehicle Hours Per Day, 2020) 5,000,000 4,000,000 3,000,000 2,000,000 1,000,000 ° Current Existing L.U,D.E. L.V.D.E. Targets (1995) Policies Plus 3. LOWER TOTAL TRAVEL COSTS (Total Daily Travel Costs, Including Fuel, 2020) $40,000,000 $30,000,000 $20,000,000 $10,000,000 $0 Current Existing L.U,D.E. L.U,D,E, Targets (1995) Policies .;202 ;1;Z? ATTACHMENT A Page 19 of ?? November, 1998 . San Diego Association of Governments . 11 - -- - What does all this technical stuff really mean? Benefits would be felt How would these regional reduClions affect the day-to-day lives of the across the region. region's citizens' Here are sorne translations: · Every person in the region will spend at least eight fewer hours in a vehicle every month. · The average commuter will drive 800 fewer miles each year to and from work, · The average household will need to buy 220 fewer gallons of gas every year. · The average household wi\] save $600 per year in total travel costs. e2)' ,. ~ :; ATTACHMENT A Page 20 of 22 . 12 . San Diego Association of Governments , Novemba, 1998 . ~ - OIlANGECOUNT1' TEMECUL.A IIIV'" .n ....ND'aQ~ Rainbow I}.lIbrDOk ESCONDIDa Rancho Santa F. Map 1 SOLANA BEACH DEL MAR · existing or Programmed Transit Station Focus Area · Potential Transit Station Focus Area · Urban Community Center II Rural Community Center LAND USE DISTRIBUTION ELEMENT SITES ~ . . , , , , IMPERIAL BEACH ICllo"..ten 5.07 10.14 ~ San Diego di!: ASSOCIATION OF TUUANA GOVERNMENTS March 1, 1999 ...2.2 "'.2. ¡¡- Page 21 of 22 - -,_..._--~ - - ¡ , I j c ! w & l- i z;2 ! . 11:0 8 . WI>.. ) !ñ II: ¡ :58 i -" ii!!: t z u :¡ > i ~ ~ . , I . ; j , i ! ¡ õ . . 0 % ~ a u VI ~ w . - ¡:: I ë3 I I- en <2: u w ¡,;. a:: ~ 0'" 0 I- c:u..en > Zz ~ o~ c>- <2: N _~ N - l- e. .-I-W ..< '" C) z a:: . if- 2 ~::I<2: ~....U~ .=0> i cO!!! =~o 0') C)U en ~<c m I (11->- 0 - .- en Cw...I .~~ c: - <2: . '" CII!::Z ~ ~ enu<2: . % : ::; ;2~-;L~ ATTACHMENT A Page 22 of 22 -".-.- June 9,1999 Paul Kavanaugh Associate Regional Planner San Diego Association of Governments 40 I B Street, Suite 800 San Diego, CA 92101-4231 RE: Comments on the Preliminary 2020 Cities/County Dear Mr. Kavanaugh, On behalf of the City of Chula Vista, thank you for the and comment on the 2020 Forecast Upon review ofthe 2020 Forecá~i~!¡:7Ç~þ;has the comments: Housing Forecast .n ,.. .",.n . .".".".., .". ........."., ,.. , ,,---, . ..-..-.-....-..... . ...."."..."." ,.. . Remove the approximately 4,~.g6ådd~~pnal unit~.¡pappropriately modeled in Otay Ranch, The high end of existing Gen!ifal Plan9~nsities b,#$been applied to vacant residential lands in Otay Ranch outside to tb,¢Y~!i'l!;\eW<1!iíí¡gj¡¡mq\i$pite the City's direction to exempt all lands within Otay Ranch. This repréS¢ììIíLabout 4,500 ofthe 10,500 additional units modeled for Chula Vista under th~..6º6º Forèe~i!BThese additional units in Otay Ranch should be removed, which ~píildfèšû)¡~W the 2~îb Forecast (Alternative 4) reflecting about 6,000 residential uni:¡rOVe our eXi!i~g GèÌ1eral Plan capacity, . Include the ViiiÝ~~þ;Site in \::p1ages 9 and 10 ofOtay Ranch in the 2020 Forecast with a projected time-framèfQt~~0~løÞment between 2010-2020, Otay Ranch Villages 9 andIO (the planned University of California - Chula Vista site) are not reflected in the 2020 Forecast because the Forecast model assumed the University Site (UCCV) would not develop until after the year 2020, Based on the City's on-going negotiations, the City projects the development of the UCCV site to occur between 2010- 2020, and therefore, should be included in the 2020 Forecast Villages 9 and 10 include approximately 450 net acres that will have an employment component ifUCCV is developed before 2020, ,¿..2. - .:J t!1 ATTACHMENT B Page I of2 EmDlovrnent Forecast . Review the projected rate of development between 1995-2005, The 2020 Forecast appears to indicate civilian employment in Chula Vista growing faster between 1995 and 2005 than the City projects employment land to be developed, A more gradual growth pattern for this time frame may be more accurate, . Amend the 2020 Forecast to reflect SANDAG's recent Employment Lands Inventory (ELI), SANDAG's recent ELI and Market Analysis, March 1999, indiçates that Chula Vista has more employment land available than is shown by the 2020 For#¡¡¡¡st Chula Vista may be under-represented by as many as 219 acres, This would m~¡J11 a corresponding under- representation in civilian employment over the next 20 year~iS~f?AG staffis aware of the discrepancy between the two studies and has indicated~t they¥!!~be reconciling the Forecast to the ELI infonnation in a second draft oftJ:J$gQ~O Forecasf~!ited for the end of the year, n,_ ,n .-,-,'.-- -.....-... .... ". . ,,,. .." ,... . . ..... .".. ...." ..... ....... ,..". ......... ."....... City staff has previously brought these issues to the attêìmqg pfydûf Staff The City requests that SANDAG staff continue to work with our City staff, prior toffi~¡'¡¡lease of any final 2020 Forecast, to resolve the Housing and Employment Forecast issues noted åBÓY!!,iFurthennore, the City also .. ..... . recommends that jurisdictions which implement;¡~m!Mt.¡¡T?wth" pn!iêiples should receive priority in regional funding opportunities. ., .",.".,,-. .", ,.". .. -..- " ..,." -- ., ,." ,.. .-,' .-,'.-,' ',-.'. . . Thank you for this opportunity to comm!!al9P the 2029 Forecast. If you have any questions about the City's comments, please contact WêÔFíV~ staff 69'k~03 L Specific questions regarding the Economic Forecast should be direct~to Dei4tii Markley¡Community Development Specialist II at 691-5079, Housing and Populatiq.ó¡;¡W:rca§t§ìt~!199!1;~§hould be directed to our Planning staffEd Batchelder, 691-5005 or Edalia OlivoJQÞmez, 691-5257, Sincerely, Dave Rowlands City Manager cc: Bob Leiter, Director Planning and Building Chris Salomone, Director Community Development Jim Sandoval, Assistant Director Planning Duane Bazzel, Principal Planner Deidre Markley, Community Development Specialist II Ed Batchelder, Senior Planner Edalia Olivo-Gomez, Associate Planner ). J,. .,. J / ATTACHMENT B Page 2 of2 -- --~-_.--. -..- -" COUNCIL AGENDA STATEMENT Item: .2.J Meeting Date: 06/08/99 ITEM TITLE: Review and comment on SANDAG's Draft 1999 Regional Housing Needs Statement (RHNS) and Regional Share Alternatives SUBMITTED BY: Director of Planning and BUildin~~ 00="",,, IJovdOPffiO"' ~. . REVIEWED BY: City Manag~~ _ (4/5ths Vote: Yes_NolO As required by State law, the City of Chula Vista and other jurisdictions in the region are in the process of preparing Housing Element updates for the 1999-2004 planning period, As part of those requirements, SANDAG has been working with the State Department of Housing and Community Development (HCD) and 10caJ jurisdictions to formulate the Draft 1999 Regional Housing Needs Statement (RHNS), The RHNS identifies existing and projected housing needs for each of the region's 10caJ jurisdictions, and is a necessary document for updating Housing Elements, On April 23, 1999, SANDAG's Board of Directors accepted the Draft RHNS, including three Regional Share aJternatives, for distribution and comment Comments will be discussed with SANDAG staff on June 10, 1999, Adoption of the final RHNS, and selection of a RegionaJ Share aJlocation by the SANDAG Board of Directors is targeted for June 25,1999. The Draft RHNS is primarily based on the 1990 Census data and the Preliminary 2020 Cities/County Forecast RECOMMENDATION: That Council authorize the City Manger's Office to forward the City's comments to SANDAG (See draft letter, Attachment A), BOARDS/COMMISSIONS RECOMMENDATION: None DISCUSSION: REGIONAL HOUSING NEEDS STATEMENT (RHNS) State law requires a housing element as a mandatory component of ajurisdiction's general plan, and requires that these elements be revised every 5 years, As established in Government Code Section 65584, a major component of a 10caJ housing element is the quantification and anaJysis of existing and projected housing needs. ,)".3 -; . -~ Page 2, Item: Meeting Date: 06/08/99 In compliance with State Law, SANDAG has prepared the RHNS to analyze and quantifY existing and projected housing needs in the region, and to assist local jurisdictions in the update of their Housing Elements, The RHNS contains background infonnation to validate the equitable distribution of the region's housing needs, and serves as a reference document for local jurisdictions, Council approved the previous RHNS in 1990 for use in preparing the 1991-1996 Housing Element update, Adoption of the 1999 RHNS will replace the previous RHNS for use in preparing the 1999- 2004 Housing Element update, The majority ofthe infonnation in the RHNS regards factual demographic and socioeconomic data which staff has no issues or concerns with. Staff does, however, have issues regarding the Regional Share Allocation portion ofthe RHNS, REGIONAL SHARE ALLOCA TIONI AL TERNA TIVES L Definition A portion of the RHNS establishes a numeric planning goal, referred to as "Regional Share," for each jurisdiction to use in their Housing Element update, Regional Share represents the number of new housing units that would need to be constructed the City needs to demonstrate it can accommodate over the five year time frame (1999-2004) in order for Chula Vista to meet based upon projected new housing demand for all income groups; very low, low, moderate, and above moderate, Section 65584 of State Housing law states that the distribution of regional housing needs shall take into consideration: · market demand for housing · employment opportunities · the availability of suitable sites and public facilities, · commuting patterns, type and tenure of housing needs, · loss of units contained in assisted housing developments that changed to non-low income use, · housing needs of farm workers, and · the distribution shall seek to reduce the concentration oflower income households in cities and counties, which already have disproportionately high proportions of lower income households, State law requires that the Housing Element present an inventory of sufficient sites (adequate General Plan and zoning capacity/density) to accommodate these projected new unit needs by income category, For the very low and low-income portions of the need, this generally translates to multiple family type densities, The need to show adequate zoning capacity to accommodate projected Regional Share allocations does not mean that the City must actually produce that housing. ;¿;r',L. -- Page 3, Item: Meeting Date: 06/08/99 2, Methodology As part of the Housing Advisory Committee, established in 1994, staff has been working with SANDAG and the 18 other cities and the County to develop a methodology to determine the regional share allocation for each jurisdiction, Staff believes the methodology as originally proposed resulted in an inequitable distribution of the regional housing needs, In effect, it penalized jurisdictions that were providing significant housing units to meet the region's demand and acted as a deterrent for jurisdictions to implementing the "smart growth" principles ofthe Land Use Distribution Element (LUDE). The proposed methodology differs significantly from the 1991-1996 methodology, In brief, it distributes more of the regions affordable housing unit needs to jurisdictions that have more residential land use capacity in their general plans. The previous methodology considered the amount of all vacant developable land and estimated employment growth within each jurisdiction. The results are that jurisdictions, like Chula Vista, that will provide a majority of the region's housing supply will also be allocated a larger portion of the regions affordable housing demand, On the other hand, jurisdictions that choose to plan for more economic growth and low density residential development were given a smaller affordable housing allocation, In staff's opinion, this methodology is inconsistent with the 1987 State Attorney General's opinion which said that Council of Government's (COG's) could not base the RHNS strictly on the residential holding capacities in each jurisdiction's general plan, Staff communicated its concerns to SANDAG staff and HCD, Subsequently, SANDAG staff presented these concerns to the Housing Advisory Committee who despite the non-consensus status voted (12 - 9) to forward the RHNS with a minority position regarding the proposed allocation methodology, The SANDAG Board of Directors voted (18-0) to return the Draft RHNS to the Housing Element Advisory Committee to provide figures that more accurately consider each jurisdiction's existing percentage oflow income households, The current RHNS presented for Council acceptance is a result of the Housing Element Committee's efforts to carry out the Board's directive, It addresses the cities' concerns regarding the concentration oflower income households, and how the allocation methodology seeks to reduce this concentration, It was reviewed and accepted by the SANDAG Board of Directors for distribution on April 23 , 1999, with 3 proposed alternatives, 3, The 3 Alternatives The table below shows the proposed Regional Share allocation for the City under the three alternatives in the RHNS, In all three alternatives the total regional share housing unit figure for each jurisdiction remains the same (see also Attachment B). The alternatives seek to reduce the concentration of lower income households in jurisdictions that have a higher share of lower income households than the regional average, .23; ;¡ - Page 4, Item: Meeting Date: 06/08/99 RegionaJ percentages, based on 1990 Census data, are set at 21 % for Very Low, 17% for Low, 23% for Moderate, and 39% for Above Moderate income household categories, Staff recommends Alternative 3 which aJlocates RegionaJ Share by adding or subtracting from the regional percentage, the difference between ajurisdiction's existing share oflower income (very low and low) households and the regional average. Alternative I is based on the application of the above noted percentages without any adjustments to compensate for the concentration of lower income households, Alternative 2 is not based on any rationale and simply takes the midpoint between Alternatives I & 3, I 10,401 2,184 1,768 2,392 4,056 2 10,401 2,035 1,653 2,392 4,321 3 10,401 1,889 1,535 2,388 4,589 CONCLUSION Staff has reviewed the above alternatives for their appropriateness, and concludes that Alternative 3 is the most equitable RegionaJ Share allocation for Chula Vista, It should be noted that accommodation ofChula Vista's total Regional Share aJlocation of 10,401 dwelling units would require the construction of Olympic Parkway and SR-125. Housing Element Law requires the City to anaJyze resources available to quantify projected housing needs by income category, The City is not obligated to build the total units of housing numbers, but it must demonstrate that there is available land with the appropriate densities to allow such development to occur, The City must demonstrate that it has programs in place or it will develop programs that will mitigate any regulatory measures serving as a constraint to such development A draft letter in response to the 30 day review period for the RHNS has been prepared and is attached (Attachment A) for Council's review and comment Staff will return to Council in July with an overall work program for the Housing Element FISCAL IMP ACT: Adoption of the RHNS does not involve expenditure of City funds, Pursuit of the adopted goals, through the Housing Element update, may entail expenditure of Community Development Block Grant (CDBG), Low and Moderate Income Housing Fund, or other City revenues. Any such expenditures will be brought to Council as part of the Housing Element proceedings ;23 - 'f - Page 5, Item: Meeting Date: 06/08/99 Attachments A. Letter to SANDAG commenting on the RHNS B. Regional Share Allocation, Alternatives I, 2, & 3 (m:\bome\planning\edalia\hsngelem\a113.for) ;¿:J> - .s- -. .-...-.."-.--.- --.- June 9,1999 Susan Baldwin Senior Regional Planner San Diego Association of Governments 40 I B Street, Suite 800 San Diego, CA 92101 RE: Comments on the Draft Regional Housing Needs Alternatives Dear Ms. Baldwin, On behalf of the City of Chula Vista, thank you (~~ìt!!¡9£P?rtunity and comment on the Draft RHNS and the Regional Share Alternatives, 1;¡.e Cí~sPÎ'!BY~?US comments, dated October 19, 1999, on the first Draft RHNS presented to the SANPø:G Boai;(lofDirectors on March 26,1999, raised several concerns over the method2\g~µsed to å!~2cate Regional Share, While, the City feels that the proposed methodology in Reê¡malS!We Alteri\itµve 3 best addresses concerns regarding the concentration oflower income h9~§eholds'rndresul~®th the most equitable regional distribution, we still wish to note our prior cor¡¢~~¡~¡~j1rmï¡i¡ij¡;¡ihresolved. The 1991 methodology consi~7r7~.~Hdevél¡¡~~!7yacant land within each jurisdictions general plan, as well as estimated empl?~tirifgfQ~¡' for êjh jurisdiction. Consistent with the State Attorney General's 1987 opinionr¢-garding exclÛ-Bpnarýzoning practices, the 1991 methodology distributed regional housing requ\¡@~.pnts without r~~ard to specific densities of residential development under current land use plans, n_2re, if a ci~chooses to zone all its residential land at low densities, and also zone a high percentage3£itíiyac¡#li land for commercial and industrial development, that city would still be held equally respðfiij~Jiiìe for providing affordable housing sites in its general plan. The current methodology effectively penalizes cities like Chula Vista, which have planned for higher residential densities in projects like Otay Ranch, In effect it acts as a deterrent for the implementation of "smart growth" policies in that jurisdictions that downsize residential land or rezone for non-residential uses are given a lower share of the regions' affordable housing obligation, ATTACHMENT A ).;s-? Page I of2 -- Despite our earlier meetings and discussions with SANDAG and State Department of Housing and Community Development (HCD) staff, in which these concerns were validated, they remain unaddressed, While we understand the need to release the RHNS based on the required Housing Element update time-line, the City continues to believe that the overall allocation methodology should be revisited in the next housing element cycle, Thank you for this opportunity to comment on the Draft RHNS and the regional share alternatives, If you have any questions about the City's comments, please contact me or my staff at 691-5031, Sincerely, Dave Rowlands City Manager cc: Bob Leiter, Director Planning and Chris Salomone, Director Community Jim Sandoval, Assistant Director Duane Bazzel, Principal Planner Ed Batchelder, Senior Planner Edalia Olivo-Gomez, ATTACHMENT A .2]>- ? Page 2 of2 - -..-----...---------. - = ~ = Table SBA - Regional Share Housing Unit Allocation - Alternative 1 S8n Diego Region, 1998 .= - RpgJOní11 Sh,1rc: Very LO\J Lm"J rllodrrdlf' Above .~ JUriSdIction Allocation In( OITH' Incoll1f1 IIl( orne Moder<1te 1999-2()O~ 21' , 17 0 2 j , 39''.., - Carlsbad 6,214 1,305 1,056 1,429 2,424 = Chuta Vlste 10,401 2,184 1,768 2,392 4,056 - Coronado 80 17 14 18 31 DelMar 23 5 4 5 9 ~, EI Cajon 809 170 138 186 316 Enclnltas 1,584 333 269 364 618 - Escondido 2,603 547 443 599 1,015 ,,c; Imperial Beach 95 20 16 22 37 La Mesa 693 146 118 159 270 - Lemon Grove 491 103 83 113 191 0:0 National City 378 79 64 87 147 Oceanside 6,781 1,424 1,153 1,560 2,645 - Poway 717 151 122 165 280 San Diego 39,785 8,355 6,763 9,151 15,516 ... San Marcos 3,667 770 623 843 1,430 - Sentee 2,691 565 457 619 1,049 Solana Beach 105 22 18 24 41 v Vista 2,744 576 466 631 1,070 Unincorporated 15,618 3,280 2,655 3,592 6,091 - Totel 95,479 20,051 16,231 21,960 37,237 OD Very Low Income Households - Households whose Income ;s nolmore than 50 percent of the reg/on's median - tncome Low Income Households - Households whose income Is greater than-50 percent snd up to 80 percent of the OD region's median Income Moderate Income Households - Households whose Income is greatsr than 80 percent and up to 120 percent of - the region s median income Above Moderate Income Households.;. Households whose Income is Bbove-120 percent of the region's median Income II) Source: SANDAG, 2020 Cities/County Forecast - '"' - · - · · · 113 .2;I-?" ATTACHMENT B Page 1 of 3 · Table 588 Regional Share Housing Unit Allocation - Alternative 2 San Diego Region, 1998 RegIOnal - Sharp Very Low Low r,1odN,ltp AbovL' JUllsd,cllon AllocatIon Incol1ll' IIlCQIllP Incollw Moderate ~ "" 1999·2004 21'C! 170 2J 0 39°0 -.:!! Ca~sbad 6,214 1,541 1,233 1,431 2,009 Chula Vista 10,401 2,035 1,653 2,392 4,321 Coronado 80 21 15 18 28 DelMar 23 6 5 5 7 EI Cajon 809 143 118 186 362 Encinitas 1,564 387 304 364 529 Escondida 2,603 524 417 599 1,063 Imperial Beach 95 16 12 22 45 La Mesa 693 143 114 159 277 Lemon Grove 491 95 81 113 202 National City 378 43 49 87 199 Oceanside 6,781 1,450 1,058 1,560 2,713 Poway 717 191 147 165 214 San Diego 39,785 7,902 6,783 9,147 15,953 San Marcos 3,667 766 552 843 1506 Sentee 2,691 648 466 620 955 Solana Beach 105 25 22 24 34 Vista 2,744 558 432 631 1,123 Unincorporated 15,618 3,557 2,768 3,594 5,699 Total 95,479 20,051 16,231 21,960 37,237 Vel)' Low Income Househofds . Househofds whose Income Is not more than 50 perr:ent ot the reglOn's medtan income Low Income Households - Households whose Income Is greater than-50 percent and up to 80 percent of the \ region's median Income Moderete tncome Househotds - Househofds whose Income Is greeter than 80 percant and up to 120 percent at the region~ median Income Above Moderate Income Households - Households whose Income ;s sbove-120 percent of the region's median Income Source: SANDAG, 2020 Cities/County Forecast 114 ),J-1 ATTACHMENT B Page 2 of 3 -~ Table SSC Regional Share Housing Unit Allocation - Alternative 3 San Diego Region, 199B Rpqlol1éll SI1.Hf' V('ry LorJ LmOJ Moder,¡tr> Above JUTlSdlctlon Allocdtlon IncolllP Income Income Moder.1t£' 1999 )001 21 17"" 2J " 39 0 Ca~sbad 6,214 1,770 1,417 1,436 1,591 Chule Vista 10,401 1,669 1,535 2,388 4,589 Coronedo 80 24 17 18 21 DelMar 23 7 6 5 5 EI Cajon 809 118 97 185 409 Encinltas 1,584 441 340 366 437 Escondido 2,603 504 391 598 1,110 Imperial Beach 95 12 8 22 53 La Mesa 693 141 109 159 284 Lemon Grove 491 87 79 113 212 National City 378 9 34 86 249 Oceanside 6,781 1,474 962 1,561 2,784 Poway 717 232 174 166 145 San Diego 39,785 7,463 6,797 9,137 16,388 Sen Marcos 3,667 761 478 843 1,585 Santee 2,691 729 478 622 862 Solana Beach 105 27 26 24 28 Vista 2,744 540 395 631 1,178 Unincorporated 15,618 3,823 2,888 3,600 5,307 Total 95,479 20,051 16,231 21,960 37,237 Vel)' Low Income Households - Households whose Income Is not more than 50 percent of the region's median income Low Income Households· Households whose Income ;s greater than-50 percent and up to 80 percent of the region's median income Moderate tncome Househotds . Househ<J/ds whose tncome Is greater than 80 percent and up to 120 percent ot the region's median Income Above Moderate Income Households· Households whose Income is above-120 percent of the region's median income Source: SANDAG, 2020 Cities/County Forecast 115 ;23 -Ie:? ATTACHMENT B Page 3 of 3 ~.------- . .-......- µnv..#t4 .h .~1--~ c:w- blt'/9C? 'Y1,UJ.L;""r t know no safe depository of the ultimate powers of May 26, 1999 :he society but the people theMselves; and If we think them not enli9htened enough lo exercise their control with. .hole80me discretion, the remedy h lot to take It from them but to inform their 1iscretion. Thoma. Jefferson September 28, 1820 409 Palm Ave., Suite 100, Imperial Beach, CA 91932-'121 Tel: (619)429 7946 MEMORANDUM TO: San Diego County Board of Supervisors San Diego City Council Chula Vista City Council FROM: William E. Claycomb, President SUBJECT: Silicon Cell Photovoltaic Electricity Generation We assume you are leaders and work for the good of the people. As such, the following information requires your action. If you don't know what to do, call us. The technology has been here over 25 years but so have spineless politicians. Dr, H. G yford Stever, Director, National Science Foundation, in June, 1974 Congressional testimony said: II The demonstration of an array cost ()f $1 00 ~t() $ 300 IDeak KW for commercial production at the rate of 10 watts/year by 1990 has been forecast for arrays. _ _ _ II Mr. Eugene L. Ralph, Vice-President, Research and Development, Spectrolab, a Division of Textron, Inc. , in June, 1974 Congressional testimony said: II The fruits of the R & D activity would then provide the fëchnology to achieve a cell cost of about $.30 per peak watt by 1983 II (That's $300/peak .. . KW) Dr. Charles E. Backus, College of Engineering Sciences, Arizona State University in June, 1974 Congressional testimony said, II an evolution of production facilities to get up to the throughput required for extremely low cost cells (20-50¢/peak watt) . II (That's $200 500/peak KW.) - Dr, Paul Rappaport, Director, Process and Applied Materials Research Laboratory, Radio Corporation of America in June, 1974 Congressional testimony said, II by the year 2000, 10¢/peak . . . watt or $100/peak KW cost would be reasonable in quantities of 50 million peak kilowatts per year. II - -- u -2- The Mitre Corporation in their Report to the National Science Foundation, December 1973 stated: " Costs may drop to about $0.50 per Watt (peak) by 1985, and $0.10 per Watt (peak) by 2000, _ _ _ " (That's $100/peak KW by 2000) . In 1999 at http://www.windsun.com/pv_Stuff/pv_pricing.htm, you can get a list of 7 manufacturers of 60 different solar panel models. The prices per kilowatt range from $4,790 to $21,360. WHY were those top scientists and engineers so far off and wrong 25 years ago in 1974? because the oil, gas, coal, nuclear BIG ENERGY industry madë sure solar photovoltaics didn't happen. Now, it's your turn! ~~e"t For your further information: Forbes Magazine, October 15, 1974, quoted Jerold Noel, a solid_ state physicist with the project: " - _ _ an average house around Philadelphia could produce enough energy to supply the needs of the home, with enough left over to, say charge an electric car!" Noel was talking about producing electricity from silicon cell photovoltaic solar panels on the roof of the house. The project he was with was by Tyco Laboratories of WALTHAM MA with $30 million in funding from MOBIL OIL. The above quotes are from TRANSITION, A REPORT TO THE OREGON ENERGY COUNCIL, PREPARED BY: THE OFFICE OF THE GOVERNOR, STATE OF OREGON, JANUARY 1, 1975, 'The Solar A ~at~ - . " - ¡ /Olz~!17 i:=lAn)¡i:¡On A REPORT TO THE OREGON ENERGY COUNCIL PREPARED BY THE OFFICE OF ENERGY RESEARCH AND PLANNING OFFICE OF THE GOVERNOR STATE OF OREGON JANUARY 1, 1975 @)STATE OF OREGON , PERMISSION TO REPRODUCE THIS PUBLICATION JANUARY, 1975 MUST BE OBTAINED FROM THE STATE OF OREGON First Printina Janua'v 1975 Second printi~g March 1975 ------..-------- - .:.<Jffice of Energy Research and Pla~ning\ OFFICE OF THE GOVERNOR STATE CAPITOL SAL.EM 97310 TOM McCAL.L GOV£RNOR January 1, 1975 Governor Tom McCall Chairman Oregon Energy Council State Capitol Building Salem, Oregon 97310 Dear Governor McCall: This report is the outcome of an energy research study called for by the 1973 Oregon Legislative Assembly. The 18-month study was performed for the Oregon Energy ~ouncil by the Oregon Office of Energy Research and Planning. Arrangements for this Office to perform the study were made by way of a special contract between the Oregon Energy Council and the Oregon Public Utility Commissioner. We know that the people of Oregon, including legislators, business and labor leaders, and scientists will find much of the information in this report new and surprising. Many of the facts and issues presented will stimulate the emotions as well as the mind. . We urge the people of Oregon to open themselves to the widest possible set of facts and opinions, .since the impacts of the major decisions to be made (or avoided) in the next few years will outlive all of us. Oregon is at a critical point of decision -- to attempt to gain increasing influence over our own future or to allow our future to be increasingly shaped by events beyond our borders. If the people of Oregon are to establish the conditions for a truly stable future, in a world of mounting stress and uncertainty, an unprecedented application of honesty, intell- igence, and responsibility will be required. W::tf oel' Sch , ,. ffice of Energ' search and Plann~~~ Robert Murray Energy Study Coordinator / ,....".....:=::.-- --'---" ~ "'.... -~ , .-'~ " /.-: ,;,_., v~ "ø::::i'::'>'~p¿?l~!/--- ~T.: ~ ..<--" ..' . ."7~ '- ,"'~ "../'~':,".-." ._~< __ _. ~ ... ~ "';rr ~, _ '.~ t ò '>:::01 _ _ __.___~.,._~M_"'__'___'_____· , The Solar Alternative .. ...... The most desirable energy source and delivery system for the future of Oregon, and theW:>rld, would be permanent, indigenous, safe, and reliable. The conversion equipment and processes would be adaptable to mass production, permit gradual integration of the newest technological breakthroughs, use abundant material resources, involve no secrecy or security precautions, and would not impose irreversible changes on our natural ecosystems or culture. We are, in fact, within one generation of the realiza- tion of such a system, which we call the solar alternative. "The overall goal of Photovoltaic Conversion, as deEined by the National Science Foundation in coopera- tion with numerous other Federal organizations, is tå develop economically viable Photovoltaic Electric Power Systems (PEPS) suitable for a variety of terrestrial applications, including the generation of electricity for either dispersed buildings or central power systems, and capable of providing a significant amount of the Nation's energy require- ments by the year 2000. " Dr. H. Guyford Stever Director, National Science Foundation Congressional Testimony June, 1974 tlDr. H. Richard Blieden, deputy director of the National Science Foundation's division of Advanced Energy, Research and Technology, says that solar energy's share of the nation's electric power needs could be as high as 30% by 2000. " Forbes Magazine October 15, 1974 It may come as a surprise to some readers to learn that solar technology is applicable to Oregon. It can be used both for space and water heating in homes, and for on-site and central power systems. Even on overcast days, a significant amount of solar energy reaches the earth's surface. Oregon, with annual average incident solar radiation of 478 megawatts/square mile, used 102.4 trillion BTU of electrical energy in 1973 (Chart 66), all of which could have been supplied from a solar farm of 143 147 fIlE "-.(" ....,.,... · "~ square miles (a 12 mile squa~e), or less than one-sixth of one percent ot tne state's land area.a These calculations are based upon a 10% solar-electric conversiog efficiency, a level already surpassed with silicon cells. Furthermore, these solar farms are compatible with existing electrical networks. Dr. H. Guyford Stever, Director, National Science Foundation (NSF), stated in Congressional testimony, June, 1974, that "Solar arrays generate DC power, and electronic power processing equipment will make it compat- ible with the distribution network." According to the Mitre Corporation, in its 1973 report to the National Science Foundation, "No technical problems are anticipated in interconnecting this system with public utility electrical networks." Since the availability of solar radiation at the earth's surface is highly variable, and since the demand for energy varies throughout the day and the seasons, energy storage systems are required. For household solar thermal applications there are several different storage systems now in use, including hot water (used in the Mathews solar home in Coos Bay), hot rocks, and molten salt. For solar-electric central power system app~ications, the most promising energy storage techniques generally involve conversion to chemical energy in batteries or through the electrolysis of water. The Pacific Northwest, however, already possesses a vast energy storage system in the form of the Columbia River hydro-electric network, which can provide storage for the surplus energy generated during the day at solar farms. This would be accomplished using reversible pumps at existing dams (such as those at Grand Coulee) and through creation of additional pumped storage reservoirs. This surplus would be released to meet peak demands ~~ to carry the load during dark hours and on overcast days~ (see Chart 64). At present, part of the electrical base load is met by thermal-electric plants with the remainder of the base- load and all of the peak load provided by hydro-electric, (in 1973, 83% of Oregon's electricity originated in the hydro-electric system, see Charts 22 and 66). The economics of solar space and water heating are already competitive with fossil fuel and electrical systems. 148 -.--. --_.._~_. .-.-.------.- -.------.----.-----."'.---.-- ------.,.-----...- -~~~f;¡:¿_~·;-~i:.c~:. . : ~ - ---'-- --- The widespread application of solar thermal systems to household and commercial heating in Oregon would reduce the demand for fossil fuel and electricity, provide elec- . trical load smoothing for the utilities, reduce household vulnerability to unexpected interruptions of power, and reduce heating bills. As reported in the October 15, 1974 issue of Forbes Magazine: "Instead of using solar-produced electricity to heat and cool a house, it would probably be more efficient to control temperature by cOllecting and storing the sun's heat directly. And the National Science Foundation has committed $17 million this year to study just that. . The NSF's Blieden believes that solar heating systems could reduce fuel use by 30% to as much as 70%." The rapid transition to solar thermal application in Oregon will not involve major engineering problems. But it may require changes in building codes, zoning ordin- ances, trade union practices, traditional architectural and construction techniques, and mortgage practices, etc. The feasibility of building solar farms and integrat- ing them into large scale power grids rests on the question of capital costs (solar-electric conversion involves no fuel costs). Dr. Stever (NSF) has concluded: "Our assessments indicate that single-crystal Si [silicon] solar photovoltaic conversion technology could be developed into a practical power system ready for wide-scale national application by the mid 1980's. The solar arrays for this system may cost less than $500 per peak KWe ITKilowatts electrical]." "Our assessments also indicate that power sources incorporating even more advanced photovoltaic conver- sion technologies could b~ adopted to widescale terrestrial applications by the end of the century. These power sources, which would use solar arrays ·--·wIth p'rojected cost as low as $100 per peak KWe would utilize thin film cells,such as those fabri- ~ cated from Si or CdS/Cu2S." Congressional Testimony .. June, 1974. .'-......,......,... dO'-.. :~."i',~~;, . 14 9 .' ~ -.-.,--,.--. " :j"."'"'~..o~;..' ~- -~o;;;-.:.,;... --..---- To achieve these cost estimates, vigorous Research and Development programs now underway must be maintained, and a steadily increasing production volume must be assured: "At a recent NSF workshop a group of 21 industry experts under my chairmanship briefly studied how much money and time would be required to achieve this cost reduction and came up with the following: It would be possible by 1985 to achieve a cost of 50¢/peak watt or $500/peak KWwith silicon cells of efficiency in the 18-20% range for quantities of cells producing 1/2 million peak kilowatts per year, and that by the year 2000, 10¢/peak watt or $lOO/peak KW cost would be reasonable in quantities of 50 million peak kilowatts per year. If the cells ~ last for 30 years this corresponds to power costs ~ of 5¢/KW-hr in 1985 and l¢/KW-hr in 2000. It was estimated that the cost for the 1985 program would be about $25 million dollars. The original ERDA proposal I saw suggested $5.5 billion dollars be spent for breeder and fusion reactor R&D. The cost suggested above is only about 5% of this reactor R&D cost." Dr. Paul Rappaport Director, Process and Applied Materials Research Laboratory Radio Corporation of America Congressional Testimony June, 1974 The references presented above emphasize the need to plan the early integration of large-scale solar electric systems into the existing hydro-electric network. The development of such a hybrid system clearly requires the cooperative efforts of all states in the Columbia River Basin and of the Federal Government. In order to open serious discussion on the transition to an increasin 1 solar ow red economy, we have developed an now 0 er the ollowing plan. The proposed program combines conservation measures with a variable mix of hydro, geothermal, and coal-electric generation until.solar-~tric svstems can assume the load.> This should be under way Y the year 2000, and the fossil fuels can then be g~adually phased out. By 2025, Oregon's energy profile would be 80% electrical. Nuclear-fission is never employed. . A schedule of energy useage by sector is presented for the transition period (Charts 67-69) . It is based on energy use which grows with population, but generally does not increase on a per capita basis. The per capita energy used in Oregon, 1973, was determined for different func- tions within each sector (Chart 66). 1973 per capita use is established as a maximum. Although population grows and lifestyles remain basically unchanged, total energy demand is reduced by increased recycling and through the gradual improvement of the energy efficiency of equipment and processes. The following assumptions are made about energy use by sector. , Residential: Reasonable conservation practices become widespread. Energy use for home appliances grows until 1985 - from 22 million BTU/household in 1973 to 27 million BTU/household in 1985. This increase allows for a saturation of major electrical appliances - freezer, dishwasher, washer and dryer, stove, and refrigerator - in all homes. Water heat becomes nearly 100 percent electric and then is increasingly supplied by solar-thermal eq~ip- ment which has the effect of reducing the purchàsea ënergy· required for this function. Insulation is upgraded by- new constrúction standards and selective retrofit. Natural qas and fuel oil are eliminated for space heat~nq'ì bv 2000~with a combination of heat pumps and solar-thermal devices reducing per capita purchased energy by over 90 percent. Commercial: As with the residential sector, heat pumps and solar-thermal equipment supply an increasingly large portion of space and water heating needs, which in 1973 accounted for nearly half the energy use by this sector. Per capita energy use for other commercial activi- ties remains relatively-constan~. - - .".<.. - .. - Industrial: Industrial energy use per capita is· .- reduced from 60 million BTU in 1973 to 49 million BTU in 2000. These savings result from greater recvclinq in ~, the Drimarv metals and Dacer-Droducts -~ -~.,,::~-industri p~ ._~ (Chart 40), and from efficiency upgrading of industrial plant and processes through attrition-replacement. It should be noted that this scheduled reduction in per capita energy use precludes major expansion of energy intensive industries, i.e. those with high energy/employment ratios. 151 ¥~';;;:- -. ~~:_---:~-:-~-- - ._-~'" ..-,_. -- ^ . Transportation: Transportation energy requirements are based on supplying a'per capita travel èquivalent to that of 1973. Significant savings are achieved by the use of smaller cars, and by a gradual increase in the use of public transit. Energy is supplied to meet the needs postulated above by a mix outlined in Chart 65. This strategy is based on expansion of the hydro-electric network on the schedule projected to 1985 by the Bonneville Power Administration, (BPA, 1973, "Long Range Projection of Power Loads and Resources for Thermal Planning"). Coal plants in the West Group Area are brought on' line as scheduled until 1985, with Oregon to receive 30 percent of the output. A key element of the proposed program is the early development of geothermal-electric power. Accelerated through State exploration and licensing of development and operation, geothermal capacity is assumed to reach 3000 MW by 2000. This is a moderate estimate of the State geothermal potential and only a small portion of the 20,000 MW dry steam resource thought to be available in oregon (Bowen, 1973, Geothermal Potential in Oregon) . To the extent that geothermal electricity exceeds 3000 MW, coal-electric reauirements can be reduced. As a backup, the coal plants can be retained in case geothermal is not developed as rapidly or to the extent expected. . "--Jlplthough 'it ·is not-shown on the charts.,..(since. it does. not involve purchased energy), solar-thermal assumes ~ .... increasing share of the energy load by 2000. Despite the cloudy climate of most of Oregon's major population centers, it has been estimated that 70 percentot';;.a typical home's space and water heating needs can be supplied by direct solar energy in the willamette Valley with existing tech- nology (calculated from Reynolds, 1974, p. 10) . A heat pump or some other backup system will be required to supply the remaining 30 percent. A si nificant shift to t solar heatin is critical Eo t~on strate to 2000. Beyond 2000, per capita energy needs are assumed to remain ~onstant. . The 2025 energy demands are based on a projected-popuìation ·growth of 1 percent per year. In pace with the installation of solar-electric generating capaci ty , industry and transport come to primarily rely on -_._~-~. ~-_. -- ._--- . ---- 152 . - - ... .--- .. '~~'tS';,· ...., electricity, although petrolèum products still supply 30 percent of transport needs for air and heavy truck use. Fossil fuels would be retained for feedstocks t listed under the Commercial sector on the charts). . After 2000, an increasing integration of solar farms into the Pacific Northwest power grid will occur, with eleC~citv 5upplYin~ 80 perce~ ðf Ore~onls ~2í p-n@ra~ need ,Solar elfctrt~ would "<¡n7:~~'" Q&,S .1J)b:Lt..q~ supply (Chart-69 ,w~ ydroelectr~c~ y and geothermal- electric _making up the total. Be ond ..2000 ' ;, cou dbe" hased 'out",ccom 1 --. _. ase ou ,'_;'''';'..co e on . 1 The plan described above is one of many that can be developed, for many opportunities exist. For example, . solar-electric and solar-thermal applications can be combined in residential and commercial roof top collectors. Dr. Stever (NSF) points out that: "Residences with photovoltaic systems would probably be tied to the network to draw power at night. For energy conservation and economics, excess photovol- taic power during the day would be fed into the net- work and the supplier credited. This would provide a peaking power reserve capacity to the utility. No major technical barriers to implementing such power feedback are foreseen, but institutional problems such as electric utility companies agreement to the feasibility must be considered." Congressional Testimony June, 1974. Alternatively, Chart 3 suggests many promising permanent energy delivery systems, such as wind power, ocean thermal gradients, and waste conversion. All should be considered and some intensely researched. Regardless which strategy is selected, it appears that -the next 10 years will be critical... Major new sources of energy such as geothermal and direct solar cannot be harnessed on a large scale before 1985, and significant heating and transport savings will not yet be fully achieved. The limiting factor in the next 10 years will be electrical energy or power availability. If an oil and gas saving can be achieved in transport and in heating applications, the resulting surplus could be applied to 153 . . "-~- - '~_¥L -~-.--~. . - ',.. -"'-'-".--~ --,~-""-~--"-'--"----' --",- -_._--_._._-"'~._..,....---'-,-~ electrical generation during this transition period, using combustion turbines. Rapid geothermal development will assure the early phase out of such a stop-gap measure. We have also developed the outline of a mechanism for implementing the conservation/supply mix plan presented above, which is offered as a suggestion to initiate serious planning for the Solar Alternative. First, a continous and progressive electrical rate structure would be established for each sector (i.e. , residential, transport, commercial, industrial) . Each sector's useage would be independently monitired and progressive electrical rate structure would be established for each sector (i.e. , residential, transport, commercial, industrial). Each sector's useage would be independently monitored and compared to its energy use schedule (such as spelled out in Charts 67-69) . If the useage rate for a given sector were to rise above that scheduled, energy rates would be raised proportionately for all customers in that sector. Other sectors would be unaffected. This t)enal ty~ increment would generate funds to be used to provide the accelerated development and integration of solar and geo- thermal based systems required by overrUn, (if uncorrected). We considered several complex allocation mechanisms to meet the program schedule, but prefer this very simple, direct plan, since more complex plans could not be easily implemented or monitored, and because we favor leaving the specific conservation measures to business associations and private homeowners. Ultimately, no program can work if it· is overly complex or if it precludes individual and group initiatives. We feel that the Solar Alternative is sufficiently desirable that the Oregon citizenry, once informed, will make successful any reasonable program. Conclusion We have illustrated above, in the form of a preliminary ~ program design, that a transition to a solar-enerqy economy is desirable and realizable. It involves neither privation nor social disruption. Lifestyle changes would be mini- mized. The rewards would be enormous. Our children would have a totally indigenous, permanent, safe energy system which could be relied on by countless generations into the future, The solar alternative will require an unprecedented degree of public awareness and a strong committment from the people of Oregon. These are not standard times, and this is not a standard decision. 154 - _____~ ____.0- ---- ._---------------~------ --.-- ~--_.._--_._~-~---- Footnotes: a 478 MW (megawatts)/square mile (annual average radiant) is the same as 381 langleys/day, an average for the Northwest . U.S., quoted by E.P. Odum (1971, p. 42). It falls within the values for Oregon locations shown in Charts 70 - 82. Oregon has 96,184 square miles of land area. The conversion factor of 3412.8 BTU/kilowatt-hour was used in the calculation. The 5% overall efficiency was calculated as follows: Assume silicon solar ßells have 10% radiant to electrical conversion efficiency , with secondary efficiencies as follows: power collection (solar farm) 90% power conditioning (insert in grid) 90% transmission to pumped storage sites 90% , pumping (electric to hydrostatic) 90% hydroelectric generation (storage releas~ 84% transmission/distribution 91% Total secondary efficiency -sä% Therefore, Total Overall efficiency = 50% of 10% = 5%. bDr. Charles E. Backus of the College of Engineering Sciences, Arizona State University, Tempe, Arizona, states: "Silicon solar cells have demonstrated a high degree of reliability. They have been made with efficiencies up to 18% and can possibly go up to about 22-23%. When combined with other materials, layered cells could possibly go up to 30% or more in efficiency." Congressional Testimony June, 1974 cThe electrical power-matching constraint here inferred will require considerable systems engineering involving power grid dynamics, hydrological and runoff characteristics, metero- logical and climatological statistics, power plant reliability, load smoothing incentives and many other factors. This analysis can only present preliminary system design numbers. dAt overall efficiency of 7.5% (l~ times the 5% used in the calculation in footnote ~), the 2025 land area requirement for the solar farms would be 279 square miles (a 16.7 miles square), or 0.0029 times Oregons land area. General Note: All references to "Conqressional Testimony, June, 1974," were excerpted from Solar Photovoltaic Enerqy Hearinqs before the Subcommittee on Energy of the Committee on Science and Astronautics, U.S. House of Representatives, Ninety-Third Congress Second Session, June 6 & 11, 1974. (No, 43). U.S. Government Printing Office, Washington, D.C., 1974. 155 The following excerpts from these and other published materials are included below as additional background infor- mation concerning the rapidly developing field of solar energy conversion technology. Dr. H. Guyford stever, Director, National Science Foundation, stated in testimony to Congress, June 1974: "Sand, the source of silicon, is so abundant that it presents no resource limitations." "2. Financial Resources: Capitol Investment Requirements a. Residence - $3000/KW avg. (1985) : $lOOO/KW avg (1990) . b. Central Station - $lOOO/KW avg. (1990) . " "D. Anticipated Time Scale for Commercial Acceptance Single crystal Si solar arrays for terrestrial use without sunlight concentrators are now sold at $30,000/peak KW, and the manufacturers state that they can supply these at $20,000/peak KW if large quantities are ordered. A reduction to $5000/peak KW appears likely if the present fabrication processes are simpli- fied and automated, inefficient batch assembly processes are eliminated, and sunlight concentrators are used. A further decrease to less than S500!peak KW by the mid 80's could be obtained by develop~ng the contin- uous growth of single crystalline si ribbon (which has continuous cell and array fabrication process, Improve- ments in the conversion efficiency would provide further advantages such as a reduction in the cost per square meter of the arrays and a decrease in the require- ments for land area and installations. The demonstra- tion of an array cost of S~OO to $3~Of~~ak KW for commercial production at t e rate 0 watts/year by 1990 has been forecast for arrays." Mr. Eugene L. Ralph, vice-President, Research and Development, Spectrolab, a Division of Textron, Inc, test- ified at Congress in June, 1974: "l. There are no moving parts in the solar cell to wear out, therefore, they will last for a long time; 2 . Silicon solar cells are made from one of the most plentiful matérials found on earth; 3. The overall system efficiency can be expected to lie in the 10 to 15 percent range. 4. The devices and array modules can be readily adapted to mass production techniques; 156 ___ - ___ ___ ~_~ ~ - __._..________..._ __,__,.___._...~_, _."_______.__..__.~____________ ._______m___ . 5. The semiconductor industry is already a well- developed, high-technology, high-volume industry, and 6. ,No maior technoloqical breakthrouqhs are required to insure that a close to competition situation can be achieved." "If these key issues are addressed promptly, solar cell system costs could be reduced to $5 per peak watt by July of 1976, and $1 per peak watt by 1978. The fruits of the R&D activity would then provide the technology to achieve a cell cost of about $.30 per peak watt by 1983 . . . The cost projections were obtained by reviewing the literature and making compari- sons to other industries that went through similar growth patterns. " "Question 2. To produce a given power level, lower conversion efficiency means that more array area is needed. However, lower efficiency arrays will probably be cheaper. What is the nature of the cost trade-off between these two variables? Answer. One way to evaluate the effect of solar cell efficiency on costs of arrays is to assume some reasonable cost of supporting the cell, even assuming cell costs to be zero. A reasonable cost goal for a support structure is about $10 per square meter. Assuming a peak solar insolation of 1000 watts per square meter, the cost per peak watt then is: SlO/m2 .01 $/W = 1000 W X eff./m2 eff. This shows that a 1% efficient cell would result in one dollar per watt cost of structure alone which makes it non-competitive even with zero cell cost. A 10% cell results in $.10 per watt for the structure which could probably be allowed." "Question 8. What makes you believe that solar cells can be produced for as little as 50 cents per watt, and that there is no lower limit above this figure? Answer. I indicated in my statement that S.30 per watt for the silicon solar cell cost was projected. This was based on an analysis made by a group of people representing government, silicon manufacturers, and solar cell manufacturers which was referenced, Currin et. a!. in Figure 4. I have also made an analysis of how far silicon solar cells costs could be reduced using our conventional crystal growing and slicing techniques. This study showed that about $.50 per watt was possible and that about $1 per watt was achievable by 1977. Another factor that should not be overlooked is that by concentrating sunlight, one solar cell can put out much more power so the cost of the solar cell may not be as critical. All these factors and studies tend to confirm my belief that we are going to be very close to a competitive electric power cost with solar cells in the near future. " , " ~ Dr. Charles E. Backus, College of Engineering Sciences, Arizona State University also stated at Congressional Test- imony in June, 1974: "The nature of the solar cell combined with the high technology history of the electronic industry indicates that large cost reductions are possible as compared with highly material intensive solar thermal systems. The solar cell is an electronic product and lends itself to mass production techniques and complete system packaging in a manufacturing plant." The present cost of cells for terrestrial applications is more than an order of magnitude lower than space systems and is about $20/peak watt for about one kilowatt orders. It is expected that a one kilowatt system, involving some concentration, will be on the market next year for $5/peak watt. Concentration of sunlight onto cells can act as a large cost lever and could lower the cost of photovoltaic systems to competitive levels without even reducing the cost of the cells themselves. The large electronic companies have not been active until recently in the solar cell field since the space market of the past was very limited. It is indeed gratifying to see the two largest silicon producers in the world, Motorola and Texas Instruments, establish programs in photovoltaics. The largest problem to be overcome before large scale commercialization, in my opinion, is the development of an intermediate market that will provide an evolution of production facilities to get up to the throughput required for extremely low cost cells (20-50¢/peak watt) ." Dr. Paul Rappaport, Director, Process and Applied Materials Research Laboratory, Radio Corporation of America testified at a Congressional hearing in June, 1974: "This solar cell is a rather remarkable device. It is made of silicon, one of the most abundant materials on the earth, it is of simple construction and has no moving parts. When sun shines on the cell it produces electricity with an efficientv of about 14 to 16%. Efficiencies as high as 19% have been measured for the best cells." "Today, silicon cells can be bought in quantity at 20 dollars a watt, a factor of 100 times the cost objective. Costs of between 1 and 5 dollars a watt are considered to be possible in a few years if a scale-up of production were to take place." "A difficulty is that there does not appear to be an intermediate market for solar cells that would allow a normal industrial growth from these present 158 ..-..-----.-....- .....-- .,--.-.-- -"._-_.._---~_._~----- '- . small quantities to the very large quantities needed for terrestrial applications. For example, if we were to supply 1% of our energy needs by solar cells today we would need 2 billion watts worth of cells or 20,000 times what we are manufacturing for space today. Under these conditions we would see some of the major silicon technology companies getting into the business fostering competition and cost reduction." "There is agreement that the cost of single crystal silicon cells can be reduced substantially. There are three parts of the manufacturing process that are amenable to cost reduction; first, the starting material called polysilicon could be reduced in cost by a factor of 3 if one grade of material is required which does not have some of the special specifications as needed for present day application; second, a method of growing sheets of single crystal is needed so that loss in material and labor costs are avoided when slicing and dicing large ingots as is done today. Feasibility for this process hcs been established and a factor of ten savings seems reasonable; third, automatic fabrication of cells could produce a savings factor of over 20 in cost. It is therefore considered reasonable to expect a factor of 100 reduction below present day costs of I solar cell manufacturing." " s oint it is worth di 1 the ract~c of so ener . as een said that much researcn na ve to be Q ne before it can be considered for terrestrial applications, I say here that I this is not so and that all the concepts so far mentioned have been proven to be feasible. They need to be engineered and scaled up to a production capacity. Then the second myth, that of high cost, will have been dis- pelled. The Mitre Corporation in their Report to the National , Science Foundation, December 1973 stated: , "Photovoltaic systems can be tied into fossil-fuel- I powered electrical networks to reduce fuel requirements, or used on roof-tops with thermal heating systems to reduce area requirements, or used with wind energy systems to reduce area or storage requirements, or interconnected as dispersed collectors in large networks to reduce storage requirements. Hvdroqen produced bv photovoltaic-powered electrolysis units can be used as a stora e medium a fuel gas or an industrial feed- stock. " 159 . "Silicon solar cells for terrestrial applications now cost $20 to $50 per Watt (peak) at 250 C, 10% efficiency, and are predicted to sell at the equivalent of $5 per Watt (peak) in 1974, using sunlight concen- trators. Costs may drop to about $0.50 per Watt (peak) .. by 1985, and $0.10 per Watt (peak) by 2000, if antici- .' ',""! or-I' pated design improvements are made, and production is approximately doubled each year until about 1990. " -f'--,"/ "Capital cost of battery storage is estimated to be about $80/KW + $2/hour; electrolysis units about $40/KW; DC-to-AC Inverters about $30/KW; fuel cells about $80/KW - all in mass-production quantities and large sizes. " "TherE will be nc fuel costs for photovoltaic systems. Annual operating costs, including amorti- zation of equipment, are estimated at about 17% of capital costs. These include those for inspection, cleaning, testing and repairing of collector units. Plant utilization factor of collectors will average about 18% for the U.S. and about 25% for the South- western U,S. " "Preliminary estimates indicate that by 1990 the price of electricity prodUCedbYPhO~OYPUaic~~stems t-- / V1-f may be reduced to about 10 to'l5 mills t:>er'KWh, if the cost goals of the system are achieved. This would be comt:>etitive with electricity produced by 1990 designs of fossil-fueled turbogenerator plants, burning clean derivatives of coal,i.e. about 13 mills per KWh. It is estimated that hydrogen can also be produced by the system at a competitive price. " The October 15, 1974 issue of For~es Magazine states: "Now it looks as though costs could come down dramatically Mobil Oil, for one, is betting that they will: It is ponying up $30 million for a five-year joint project with little ($44- million-revenues) Tyco Laboratories of Waltham, Mass." "The key to bringing solar power at competitive cost is a major reduction in the price of silicon. Produced in small quanities at present by Monsanto, Dow Corning and Texas Intruments, silicon cost $35 a pound. It would have to come down to around $10 a pound to make the $600 to $750 per kw .cost possible." "Can the silicon price be slashed? The larGest U.S. silicon producer, Dow Corninq, set ut:> decades aGO by Dow Chemical and Corninq Glass, is confident that it can. " 160 -- -- -----~-,-_..._,-,~_.,-~--_._--~._--~ ..._._~- " ....-.- ~- £~P:J)rr "Sa s Jerold Noel, a solid-state physicist with the (-- project. '''The chances are very good for significantly lowering the price of silicon. In five years we think that pilot plants can be built for the entire process -- from taking the silicon out of sand to the fabrication of working solar cell arrays, at or below the costs of nuclear power. There's no need for a theoretical breakthrough, I he sums up. 'This is an engineering problem, I " "What does all this mean? That depends on how far you want to project it. It means that with solar cells no more efficient than the ones we have now, by year 2000 we could supply ALL of the nation's electricity needs provided we are willing to cover some 40,000 square miles -- say, a third of the State of Arizona -- with power-producing material, " "-,,..,..-...~ ~ .. sa-, Noel.~tbat the""o,,' ener 0 su t e nee SO" t n over to. S~~._ shar~e -an i-electric car ._,!.;,II. ..- r , 161