HomeMy WebLinkAboutAgenda Packet 1999/01/05
Tuesday, January 5, 1999
4:00 p.m.
'" deciare under penalty of perjury that I am
emp:oyed by t~';c ~it.'/ of Chu;a Vista in the
Office of the City Clerl\ end t~)3-t I pos~'ed
this Agenda/Notice on the Bulletin Beard at
the Public ~r~es Building a.~d _l ::' ~ 11..11 on
DATED, /~ <~'1r SIGNED 6~~ ' ..
Rel!ular Meetin!! of the Citv of Chula Vist, itv Council
Council Chamhers
Puhlic Services Building
CALL TO ORDER
I. ROLL CALL: Councilmemhers Davis_, Moot_, Padilla_, Salas_, and Mayor Horton_.
2. PLEDGE OF ALLEGIANCE TO THE FLAG. MOMENT OF SILENCE
3. APPROVAL OF MINUTES: Novemher 24, 1998 and Decemher 8, 1998.
4. SPECIAL ORDERS OF THE DAY: None suhmitted.
CONSENT CALENDAR
(Itell/s 5 through 9)
The staff recommendations regarding the following items listed under the Consent Calendar will be enacted by
the Council by one motion without discussion unless a Councilmember, a member of the public, or City staff
requests that the item be pulled for discussion. If you wish to speak on one of these itellls, please fill out a
"Request to Speak Fonn" available in the lobby and submit it to the City Clerk prior to the meeting. Items pulled
from the Consent Calendar will be discussed after Board and Commission Recommendations and Action Items.
Items pulled by the public will be the first items of business.
5. WRITTEN COMMUNICATIONS:
A. Letter from the City Attorney stating that to the he"it of his knowledge from ohservance of
action"i taken in Closed Session on Decemher 15, 1998, th41t there were no actions taken
which are required under the Brown Act to he reported. It is recommended that the letter he
received and tiled.
B. Letters from R~ina Hanono, Karen Sethi, and Caesar RanJ,.::e1 requt..>stinJ,.:: financial assistance
to attend the t999 Youth Leadership Conference at Freedoms Foundation at Valley Forge,
Pennsylvania and WashinJ,.::ton D.C. It is recommendeu that $50 for each of these students be
granted towards expenses incurred for their trip to Valley Forge, in exchange for which they will
each execute a contract with the City to make a presentation to one of the City's youth groups.
6. ORDINANCE 2767 ESTABLISHING THE OTAY RANCH VILLAGE I AND 5 PEDESTRIAN
BRIDGE DEVELOPMENT IMPACT FEE TO PA Y FOR PEDESTRIAN BRIDGE
IMPROVEMENTS AS A CONDITION OF ISSUANCE OF BUILDING PERMITS (second readin!!
and adootionl - The developers of Otay Ranch SPA One are required to fund the fair share of constructing
three pedestrian hridges within Villages I ami 5. On May 14, 1998, hoth the McMillin Company and the
Otay Ranch Company requested that a Development Impact Fee he created to spread the cost of these
facilities over those areas henefitting from the proposed hridges. Staff recommenus that Council place the
ordinance on second reading and adoption. (Director of Puhlic Works)
Agenda
~2-
January 5, 1999
7. ORDINANCE 2768 ACTING IN ITS CAPACITY AS THE LEGISLATIVE BODY OF
COMMUNITY FACILITIES DISTRICT NUMBER 97-3 (MCMILLIN OTAY RANCH SPA ONE)
AUTHORIZING THE LEVY OF A SPECIAL TAX IN SUCH COMMUNITY FACILITIES
DISTRICT (second readin!! and adoDlion) - On Novemher 24, 1998, Council held the puhlic hearing
for the formation of Community Facilities District Number 97-3. The district will fund the construction
of backbone infrastructure within the McMillin Otay Ranch SPA I pf(~iect. Council action will certify the
results of a special election where the lfuali tied electors of the District were asked whether the levy of this
special tax should he authorized. In addition, Council will he considering an amenoment to the curnmt
Community Facilities District Policy which requires that a project he fully completed and accepted by the
City prior to acquisition. The amended policy will allow for the acquisition of complde discrtlttl
compontlnts of a pn~itlct. Said amtlnded policy is incorporated in thtl propostld amendmtlnt to thtl
Acquisition/Financing Agreemtlnt which estahlishes the procedure for acquiring the improvtlmtlnts from thtl
developer. Staff recommends Council place the ordinance on second reading and adoption. (Director of
Puhlic Works)
8. REPORT DEVELOPMENT IMPACT FEE (D1F) AND PARK ACQUISITION AND
DEVELOPMENT (PAD) FEE FUNDS FOR THE FISCAL YEAR ENDING JUNE 30, 1998 - State
Governmtlnt Code Stlction 66000 rtlL(uires local agencies assessing Development Impact Fees to make
availahle specified tinancial data to the puhlic each tiscal year. It also requires that the local agency
provide the information to the puhlic for a minimum of fifteen days prior to reviewing the information at
a public meeting. The report has heen availahle in the City Clerk's office for puhlic review since
December 10, 1998. For ease of reference and for the convenience of memhers of the public Parkland
Acquisitions and Development fees are included in the report. Staff recommends that Council accept the
report and approve the resolution. (Director of Finance and Director of Puhlic Works)
RESOLUTION 19325 MAKING FINDINGS THAT THE UNEXPENDED FUNDS IN THE
VARIOUS DIF FUNDS ARE STILL NEEDED TO PROVIDE CONSTRUCTION OF FACILITIES
FOR WHICH THE FEES WERE COLLECTED
9. RESOLUTION 19326 APPROVING AN INTERIM DESILTATION AND GRADING
AGREEMENT (POGGI CANYON) WITH MCMILLIN OTA Y RANCH, LLC AND AUTHORIZING
THE MAYOR TO EXECUTE SAID AGREEMENT - On June 9, 1998, hy Resolution Numher 19034,
the City approved the Tentative Map for Tract Numher 98-04 for a portion of Village Five of the Dtay
Ranch McMillin SPA One. Tentative Map conditions require that prior to issuance of a grading permit
for any land within the Poggi Canyon Basin, thtl devtlloptlr shall comply with certain conditions conctlming
the proposed grading and removal of any siltation within the Poggi Canyon Basin. McMillin is currently
processing grading plans for land located within the Poggi Canyon hasin and issuance of the grading permit
is anticipated shortly. Staff recommends approval of the resolution. (Dirtlctor of Puhlic Works)
* * * EN/) OF CONSENT CAU';NIMR * * *
ORAL COMMUNICATIONS
This is an opportunity for the general public to address the City Council on any subject matter within the
Council's jurisdiction that is not an item on this agenda for public discussion. (State law, however, generally
prohibits the City Council from taking action on allY issues not in eluded on the posted agenda.) If you wish to
address the Council on such a subject, please complete the "Request to Speak Under Oral Communications
Form" available in the lobby and submit it to the City Clerk prior to the meeting. 77lOse who wish to speak,
please give your name and address for record purposes and follow up actioll.
Agenda
-3-
January 5, 1999
PUBLIC HEARINGS AND RELATED RESOLUTIONS AND ORDINANCES
The following items have been advertised and/or posted as public hearings as required by law. If you wish to
speak to any item, please jill out the "Request to Speak Form" available in the lobby and submit it to the City
Clerk prior to the meeting.
10. PUBLIC HEARING AMENDING THE INTERIM PRE-SRI25 DEVELOPMENT IMPACT FEE
(DIF) TO REVISE THE AREAS LOCATED IN THE "EASTERN TERRITORIES" WHICH ARE
ASSESSED - Currently, the Interim Pre-SRI25 Development Impact Fee Ordinance 2579, Section 2(e)
defines the "Eastern Territories" assessed for this fee and restricts the collection of this DIF for EastLake
Trails, Bonita Meadows and phases of Salt Creek Ranch exceeding 1,043 Equivalent Dwelling Units. The
D1F area boundaries were designed to meet the devdopment in this region of tht:: City. The ordinance
needs to be revised due to changes in anticipated devdopment not included in the May 1993 feasibility
study. Staff recommends Council place the ordinance on first reading. (Director of Puhlic Works)
ORDINANCE 2770 AMENDING ORDINANCE 2579 WHICH EST ABLlSHED AN INTERIM PRE-
SRI25 DEVELOPMENT IMPACT FEE TO PA Y FOR TRANSPORTATION FACILITIES IN THE
CITY'S EASTERN AREA, IN ORDER TO REMOVE EASTLAKE TRAILS, EASTLAKE
BUSINESS PARK II, BONITA MEADOWS AND SALT CREEK RANCH FROM THE LIST OF
AREAS EXCLUDED FROM PAYING THE FEE (first readin")
II. PUBLIC HEARING CONSIDERATION OF A TENT A TIVE SUBDIVISION MAP KNOWN AS
EASTLAKE SOlJTH GREENS, lJNIT 18, TRACT 99-01, INVOLVING 52 SINGLE-FAMILY AND
TWO OPEN SPACE LOTS ON 9,86 ACRES LOCATED ON THE NORTHWEST CORNER OF
HUNTE PARKWAY AND SOUTH GREENS VIEW DRIVE WITHIN THE EASTLAKE GREENS
PLANNED COMMUNITY - The applicant has suhmitted a tentative suhdivision map known as EastLake
South Greens, Unit 18, Tract 99-0 I. in order to suhdivide 9.86 acres into 52 single-family and 2 open
space lots. The pr~ject site is located on the west side of Hunte Parkway, north of South Greensview
Drive within the EastLake Greens planned community. Staff recommends approval of the resolution.
(Director of Planning and Building)
RESOLUTION 19327 APPROVING AND IMPOSING CONDITIONS ON THE TENTATIVE
SUBDIVISION MAP FOR EASTLAKE SOUTH GREENS, lJNIT 18, TRACT 99-01
BOARD AND COMMISSION RECOMMENDATIONS
This is the time the City Coul/cil will consider items which have beel/ fonvarded to them for consideration by ol/e
of the City's Boards, C011lmissions, and/or C011lmilfees.
None sunmitted.
ACTION ITEMS
The items listed in this section of the agel/da are expected to elicit substal/tial discussiol/s and deliberations by
the Council, staff, or members of the general public. The items will be col/sidered il/(lividuolly by the Council
and staff recommendations may in certain cases be presented in the alternative. Those who wish to speak, please
jill out a "Request to Speak" fonn available in the lobby and submit it to the City Clerk prior to the meeting.
t2.A. RESOLUTION 19280 APPROVING THE AMENDED COlJNCIL POLICY NUMBER 505-02
(EARLY L1ENING ASSESSMENT PROCEDURE AND ORIGINATION CHARGE POLICY) _
Assessment District 97-2 (AD 97-2) will provide puhlic funding for the acquisition of puhlic improvements
within Otay Ranch Village One. The district was t()ffneJ um.ler the Municipal Improvement Act of 1913.
Current Council Policy Numher 505-2 requires that a project he hIlly completed and accepted hy the City
prior to acquisition. The amended policy will allow for the acquisition of complete discrete components
of a pf(~iect. Said amended policy is incorporated in the proposed amendment to the Acquisition/Financing
Agreement which estahlishes the procedure for acquiring the improvements from the developer. Staff
recommends this item he continued to the meetinl! of Januarv 19. 1999. (Director of Puhlic Works)
Continued from the meetin" of Dc'Cemher 8, 1998.
Agenda
-4-
January 5, 1999
B. RESOLUTION 19281 APPROVING THE FORM OF THE SECOND AMENDED
ACQUISITION/FINANCING AGREEMENT FOR ASSESSMENT DISTRICT NUMBER 97-02
(OT A Y RANCH, VILLAGE ONE)
C. RESOLUTION 19282 AUTHORIZING AND PROVIDING FOR THE ISSUANCE OF LIMITED
OBLIGATION IMPROVEMENT BONDS, APPROVING THE FORM OF BOND INDENTURE,
BOND PURCHASE CONTRACT AND OTHER DOCUMENTS AND AUTHORIZING CERTAIN
ACTIONS IN CONNECTION THEREWITH
ITEMS PULLED FROM THE CONSENT CALENDAR
This is the time the City Council will discuss items which have been removed from the Consent Calendar.
Agenda items pulled at the request of the public will be considered prior to those pulled by Councilmembers.
OTHER BUSINESS
13. CITY MANAGER'S REPORT(S)
A. Scheduling of medings.
14. MA YOR'S REPORT(SI
15. COUNCIL COMMENTS
ADJOURNMENT
The meeting will adjourn to (a closed session and thence to) the regular City Council meding on January 12, 1999
at 6:00 p.m. in the City Council Chamhers.
", c!oc!are under penalty of norJury that I em
em;Jloye-:; b' ~'e ," j':', "jf ~>''J:-1 Vista in the
O'lik;e 0; ,,' ,(1 i,' ,~.iGr:\ <:::n 1..:HJt I posccd
t:'ia A:;il1.J/c'.. i.e on the ':Juliet:" Board at
Tuesday, January 5, 1999 the Public '"'cr cos BU:'ldin"i~' . I nn Council Chambers
4:00 p.m. DATED".I..2) :18" SIGNED ~ "-Puhlic Services Building
(immediately following the City Council eet" g)
CHULA VISTA CITY COUNCIL CLOSED SESSION AGENDA
Effective April 1, 1994, there have been new amendments to the Brown Act. Unless the City Allorney, 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 permilled 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 affinal actian taken will be recarded in the
minutes which will be available in the City Clerk's Office.
I. CONFERENCE WITH LEGAL COUNSEL REGARDING:
. Existing litigation pursuant to Government Code Section 54956.9(a)
I. Rutherford v. City of Chula Vista.
2. REPORT OF ACTIONS TAKEN IN CLOSED SESSION
December 15, 1998
TO:
FROM:
SUBJECT:
The Honorable Mayor and City Council
. .'V
DavId D. Rowlands, Jr., CIty Manager ffl Vr~
City Council Meeting of January 5, 199/'''
This will transmit the agenda and related materials for the regular City Council
meeting of Tuesday, January 5, 1998. Comments regarding the Written
Communications are as follows:
5a. This is a letter from the City Attorney stating that to the best of his knowledge
from observance of actions taken in Closed Session on 12/15/98, there were no
actions taken which are required under the Brown Act to be reported.
IT IS RECOMMENDED THAT THIS LETTER BE RECEIVED AND FILED.
5b. These are letters from Regina Hanono and Karen Sethi, students at Bonita
Vista High School, and Caesar Rangel, a student at Castle Park High School,
requesting financial assistance to attend the 1999 Youth Freedom and
Leadership Conference at Freedoms Foundation at Valley Forge. In the past
decade, the Council has approved the expenditure of funds for Chula Vista
students to attend this conference in exchange for presentations to the City's
youth groups, as per the criteria for funding established by Council Policy 159-
02. In 1997, due to the increased number of requests, the funding level was
established at $50 per student. IT IS RECOMMENDED, THEREFORE, THAT
$50 FOR EACH OF THESE STUDENTS BE GRANTED
TOW ARDS.EXPENSES INCURRED FOR THEIR TRIP TO VALLEY FORG E,
IN EXCHANGE FOR WHICH THEY WILL EACH EXECUTE A CONTRACT
WITH THE CITY TO MAKE A PRESENTATION TO ONE OF THE CITY'S
YOUTH GROUPS.
DDR:mab
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~~~~
elN OF
CHUIA VISTA
OFFICE OFTHE CITY ATTORNEY
Date:
December 16, 1998
From:
John M. Kaheny, City Attorney
and City Council
'~0
To:
The Honorable Mayor
Re:
/
Report Regarding Actions Taken in Closed Session
for the Meeting of 12/15/98
The city Council met in Closed Session on 12/15/98 to discuss:
Existing litigation pursuant to Government Code Section 54956.9:
Fritsch v. city of Chula vista, Rutherford v. City of Chula vista,
Luna v. city of Chula vista and Busalacchi v. City of Chula Vista.
Conference with Real
Code Section 54956.8:
Property:
Property Negotiator pursuant to Government
Negotiating Parties:
Approximately 7 acres located on Bonita
Road adjacent to the Chula vista
Municipal Golf Course Negotiations.
City of Chula Vista (Chris Salomone and
George Krempl) and Diamond Development
Company; University Financial Corp. /
AmeriPark; and San Diego County
Purchase price/lease and other terms and
conditions for possible disposition of
city-owned property.
The City Attorney hereby reports to the best of his knowledge from
observance of actions taken in the Closed Session in which the city
Attorney participated, that there were no reportable actions which
are required under the Brown Act to be reported.
Under Negotiation:
JMK: 19k
H,\home\lorraine\lt\clossess.no
5/9-/
276 FOURTH AVENUE. CHULA VISTA' CALIFORNIA 91910' (619) 691-5037' FAX (619) 409-5823
GX Poot-ConsUmII'RBcydedPaper
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620 Augustina Place
Chula Vista, CA 91910
December 6, 1998
RECEIVED
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'96 lIe 11 A8:06
City of Chula Vista
276 Fourth Avenue
Chula Vista, CA 91910
CITY OF CHULA VIS 1
CITY CLERK'S OFFICf
Dear Mr. Tim Nader,
I am one of thirty-six high school students recently selected to attend the 1999 Youth leader-
ship Conference at Freedoms Foundation at Valley Forge, Pennsylvania and Washington D.C.
The mission of Freedoms Foundation at Valley Forge is
· to impart to Americans - particularly young Americans - an understanding of and
commitment to our national heritage, the basic values upon which this nation was
built, the free enterprise system, and responsible citizenship.
The conference on the Valley Forge campus will include meetings with prominent historians,
educators, journalists, and economists. There will also be tours of Valley Forge National Park
and historic Philadelphia. We will travel to Washington D.C., to meet legislators and visit
important historic sites.
I am a junior at Bonita Vista High School. My activities include being on the Varsity Swim
Team, participating in the Junior Task Force, and being a member of a group entitled Link
Crew. I am enrolled in vigorous Advanced Placement and International Baccalaureate classes
and have a 4.6 GPA. I am also a lifeguard and help at our family business, The Coffee
Collection.
The San Diego County Chapter of Freedoms Foundation at Valley Forge organizes, sponsors,
and underwrites a significant portion of the costs of this trip. We students are asked to find
financial sponsors within our community who help support youth programs. I need to raise a
total of $600 by February 6, 1999. I hope that the City of Chula Vista will consider helping me
achieve this goal.
To show my appreciation for your sponsorship, I would be more than happy to provide a
program on the conference and Freedoms Foundation at Valley Forge for one of your meetings.
Please call me at (619) 482-4428 or Carrie Gugger, Vice President of Youth at (619) 472-
8897 if you need more information.
Checks must be made out to FFVF. San Diel1:o County Chapter and mailed to Ms. Gugger at
the address given below. Please be sure to include my name with it.
Thank you so much for considering sponsoring me on this wonderful and exciting learning
opportunity.
Sincerely,. ~
Re~
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Carrie Gugger
Vice President, Youth Programs
4785 Corte Mariposa
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RECEIVED
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Karen Sethi
6003 Bonita Meadows Lane
Bonita, CA 9t 902
December 06, 1998
'96 [EC 11 AS :06
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City of Chula Vista
Mrs. Shirley Horton
276 Fourth Avenue
Chula Vista, CA 91910
CITY OF CHULA vrc[..
CITY CLERK'S OFFIC,
Dear City of Chula Vista,
I am one of the thirty-six high school students recently selected to attend the 1999 Youth Leadership
Conference at Freedoms Foundation at Valley Forge, Pennsylvania and Washington D.C.
The mission of the Freedoms Foundation at Valley Forge is
U to impart to Americans - particularly young Americans - an understanding of
and commitment to our national heritage, the basis values upon which this
nation was built, the free enterprise system, and responsible citizenship.
The conference on the Valley Forge campus will include meetings with prominent historians, educators,
journa1ists, and economists. There will also be tours of Valley Forge National Park and historic
Philadelphia. We will travel to Washington D.C., to meet legislators and visit important national historic
sites.
I am a junior at Bonita Vista High SchooL My school activities include being Junior Class President,
playing as the starting goalie on the Varsity Field Hockey team, president of the Class of 2000 Task Force,
volunteering at Sharp Chula Vista as a candystriper as well as coaching young kids on how to play field
hockey. I am also enrolled in six AP courses and have a 4.51 GPA
The San Diego County Chapter of Freedoms Foundation at Valley Forge organizes, sponsors, and
underwrites a significant portion of the costs of this trip. We students are asked to find financial sponsors
within our community who support youth programs. I need to raise a total of $600 by February 6, 1999. I
hope that the City of Chula Vista will consider helping me achieve this goal.
To show my appreciation for your sponsorship, I would be happy to provide a program on the conference
and Freedoms Foundation at Valley Forge for one of your meetings. Please call me at (619) 470-<i535 or
Carrie Gugger, Vice President of Youth at (619) 472-8897 if you need more information.
Checks much be made out to FFVF. San Diqo County Chapter and mailed to the Ms. Gugger at the
address given below. Please include my name with it.
Thank you so much for considering sponsoring me on this wonderful and exciting learning opportunity.
~ere~"J
CMi,'
ren Sethi
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CarrieGugger
Vice President, Youth Programs
4785 Corte Mariposa
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205 Quintard St. Apt. E-39
Chula Vista, CA 91911
December 6, 1998
"96 rEe 11 A8 :06
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City of Chula Vista
276 Fourth Avenue
Chula Vista, CA 91910
CITY OF CHULA VIS 1 i
CITY CLERK'S OFFICI
Dear Mr. Nader,
1 am Caesar Rangel, a junior here at Castle Park High SchooL 1 am enrolled in Advanced
Placement and International Baccalaureate courses and maintain a 3.81 GPA My school
activities include Spanish, German, and Drama clubs, as well as Academic League, Academic
Decathlon, Images Magazine and California Scholarship Federation. 1 am also a member of the
International Thespian Society. 1 am very pleased that 1 was recently selected as an alternate for
the 1999 Youth Leadership Conference sponsored by the Freedoms Foundation at Valley Forge,
Pennsylvania and Washington D.C.
The conference on the Valley Forge campus will include meetings with prominent historians,
educators, journalists, and economists. There will also be tours of Valley Forge's National Park
and Washington D.C. We will be able to meet legislators and visit important historic sites. If you
are unfamiliar with the Freedoms Foundation, 1 will let you know a little about it and what it
does.
The Freedoms Foundation is an organization that specializes in allowing Americans to partake in
a conference geared toward an understanding of and commitment to our national heritage. Our
national heritage is the basic values upon which our nation was founded, the free enterprise
system, and responsible citizenship.
The San Diego County Chapter of Freedoms Foundation at Valley Forge organizes, sponsors and
underwrites a significant portion of the costs of this trip. We students are asked to fmd financial
support, through sponsors within our community. Since 1 am the only alternate scheduled for the
early March conference, 1 have a different standing. 1 need to also raise $600 by February 14,
1999. 1 will be able to attend if another student is unable to go or raise enough funds. 1 can also
attend if! can supply the total cost of the expenses, which is $1,100. 1 hope that you will
consider helping me in achieving this goaL
To show my appreciation for your sponsorship, 1 would be more than happy to go to your office
with a program on the Conference and Freedoms Foundation at Valley Forge.
If there are any questions, please feel free to call me at (619) 427-5907 or Carrie Gugger, the
Freedoms Foundation Vice-President for youth at (619) 472-8897.
If you choose to contribute to this opportunity for youth, please make checks payable to FFVF.
San Die\!? County Chapter and mail them to me. Please put my name on it. Thank you very
much for consid' sponsoring me on this wonderful and exciting learning opportunity.
c.c,
WRi'i"'iO~~-~
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AN ORDINANCE OF THE CITY COUNCI~. CHULA
VISTA ESTABLISHING THE OTAY RANCH LLAGE 1
AND 5 PEDESTRIAN BRIDGE DEVELOPMEN MPACT FEE
TO PAY FOR PEDESTRIAN BRIDGE IM~~MENTS AS A
CONDITION OF ISSUANCE OF BUILDW PERMITS
-?
ORDINANCE NO.
2?t7
.
WHEREAS, the City's General Plan Land Use and Public
Facilities Elements require that adequate public facilities be
available to accommodate increased population created by new
development, and
WHEREAS, the City Council has determined that new development
within certain areas within the city of Chula Vista as identified
in this ordinance, will create adverse impacts on certain existing
public facilities which must be mitigated by the financing and
construction of those facilities identified in this ordinance, and
WHEREAS, developers of land within the City are required to
mitigate the burden created by their development by the construc-
tion or improvement of those facilities needed to provide service
to their respective developments or by the payment of a fee to
finance their portion of the total cost of such facilities; and
WHEREAS, development within the City contributes to the
cumulative burden on pedestrian facilities in direct relationship
to the amount of population generated by the development or the
gross acreage of the commercial or industrial land in the
development; and
WHEREAS, the goal of the Otay Ranch General Development Plan
is to organize land uses based upon a village concept to produce
a cohesive, pedestrian friendly community, encourage non-vehicular
trips and foster interaction amongst residents; and
WHEREAS, a component of the Otay Ranch circulation system is
a comprehensive trail system to provide for non-vehicular
alternative modes of transportation; and
WHEREAS, the Otay Ranch GDP requires a non:auto circulation
system, such as pedestrian walkways and bike paths, shall be
provided between villages. And, where appropriate and feasible, a
grade separated arterial crossing should be provided to encourage
pedestrian activity between villages; and
WHEREAS, Otay Ranch, Villages 1 and 5 is that area of land
within the city of Chula vista and the County of San Diego
surrounded by Telegraph Canyon Road, Otay Lakes Road, Paseo
Ranchero, Olympic Parkway and SR-125. This area is shown on the
h -(
~-I~~
~ bE-e:!- 08; / 9'78 .rJ~
map marked Exhibit "1", on file in the City Clerk's Office and
known as Document No. , and included as an attachment to the
City of Chula Vista Pedestrian Bridge Development Impact Fee
Report, dated November 6, 1998, on file in the Office of the City
Engineer; and
WHEREAS, City Engineering Staff has approved the city of Chula
Vista Pedestrian Bridge Development Impact Fee Report ("Report")
dated November 6, 1998; and
WHEREAS, said the City of Chula vista Pedestrian Bridge
Development Impact Fee Report, recommends pedestrian over crossing
facilities needed for pedestrian accesfil, and establishes a fee
payable by persons obtaining building permits for developments
within Otay Ranch villages 1 and 5 benefitting from the
construction of these facilities; and
WHEREAS, a series of meetings.have been held with the owners
and developers of properties located within Otay Ranch Villages 1
and 5 to discuss the Report and city staff recommendations
establishing the Otay Ranch village 1 and 5 Pedestrian Bridge
,
Development Impact Fee (" ImpacL Fee"); and
WHEREAS, the Environment'al Impact Report 95 - 0 1 adequately
addressed the issue of pedest~ian safety and design features of the
pedestrian bridges; and /
!
WHEREAS, on December 8, 1998, a Public Hearing was held before
the City Council to provi an opportunity for interested persons
to be heard on the approv of the Report and establishment of the
Impact Fee; and
WHEREAS, the City ouncil determined, based upon the evidence
presented at the Public Hearing, including, but not limited to, the
Report and other infor ation received by the City Council in the
course of its busines , that imposition of the Impact Fee on all
developments within tay Ranch villages 1 and 5 in the City of
Chula vista is neces ary in order to protect the public safety and
welfare and to ens re effective implementation of the City's
General Plan; and
WHEREAS, the ity Council has determined that the amount of
the Impact Fee 1 ied by this ordinance does not exceed the
estimated cost of roviding the public facilities identified by the
Report.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CHULA VISTA
DOES ORDAIN AS FOLLOWS:
t/cA
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PROOF OF PUBLICATION
(2015.5 C.C.P.)
STATE OF CALIFORNIA,
County of San Diego:
I am a citizen of the United States and a
resident of the county aforesaid; I am
over the age of eighteen years, and not
a party to or interested in the above-
entitled matter. I am the principal clerk
of the printer of THE STAR-NEWS, a
newspaper of general circulation, pub-
lished ONCE WEEKLY in the city of
Chula Vista and the South Bay Judicial
District, county of San Diego, which
newspaper has been adjudged a news-
paper of general circulation by the
Superior Court of the County of San
Diego, State of California, under the
date of April 23, 1951, Case Number
182529; that the notice, of which the
annexed is a printed copy (set in type
not smaller than nonpareil), has been
published in each regular and entire
issue of said newspaper and not in any
supplement thereof on the following
dates, to-wit:
1-9
all in the year 1999
I certify (or declare) under penalty of
perjury that the foregoing is true and
correct.
Dated at Chula Vista, California 91910
this 9th
day of January
1999.
Signature l Q ~\lQ. SiII},U L 0
PRINCIPLE CLERK
0-;L
This space is for the County Clerk's filing stamp
Proof of Publicaton of:
CV1l907
------------------------------------------~-------
Adoption of Ordinances 2767-8
------------------------------------------~-------
-':"oFliRDINAN'CEI;""" .
(1) ORDINANCE NO.
2761. ESTABLISHING THE
OTAY RANCH VilLAGE 1 notice
AND 5 PEDESTRIAN,
BRIDGE DEVELOPMENT
IMPACT fEE TO PAY fOR'
PEDESTRIAN. BRIDGE
IMPROVEMENTS AS A
CONDITION Of ISSUANCE
Of BUilDING PERMITS
(2) ORDINANCE NO.
2768. COUNCil. ACTING
IN ITS CAPACITY AS THE
lEGISLATIVE .BOOY Of
COMMUNITY fACILITIES
DISTRICT NUMBER 97-3
(MCMILLIN OTAY RANCH
SPA ONE) AUTHORIZING
THE lEVY Of ,A SPECIAL
TAX IN SUCH COMMUNITY
fACILITIES DISTRICT
The purpose of this Or~
dinance is to take formal
action authorizing the, levy
of special. taxes as ,.set forth
in the Speciat Tax- Formula
previflusty' a~pro\!ed, ~y
Council In a community
facilities district as author-
ized pursuant to the'terms
and proVisions of --the
"Mello.Roos. Community
Facilities Act of 1982,'
These Ordinances had
their. first ..reading on
December 15. 1998 and
their second reading and
adoption at the regular
meeting of January 5. 1999
with the fallowing vote:
AYES, Davis. Padilla.
Horton; NOES: None;
ABSENT: Salas; ABSTAIN:
Moot .
Pursuant to City Charter
Section 312(b). afull copy
of said Ordmances are
available in the City Clerk's.
Office and are available' to
all interested persons by
calling 691-5041.
DATED: January 6. 1999
CV11907 11!199
SECTION 1.
Environmental Review
The Environmental Impact Report 95-01
environmental concerns associated with
pedestrian facilities.
adequately addressed
the construction of
SECTION 2.
Approval of Report.
The City Council has reviewed
the same, by Resolution No.
Office of the City Clerk.
the proposed Report and has adopted
, in the form on file in the
SECTION 3.
"Facilities".
The facilities to be financed by the Impact Fee are fully described
in the pedestrian Bridge Development Impact Fee Report and
incorporated herein by this reference, (" Facilities"), all of which
Facilities may be modified by the city Council from time to time by
resolution. The locations at which the Facilities will be
constructed are shown on Exhibit "4", of the approved City of Chula
Vista pedestrian Bridge Development Impact Fee Report, on file in
the City Clerk's Office and known as Document No. , which
is included in the Report. The City Council may modify or amend
the list of projects herein considered to be part of the Facilities
by written resolution in order to maintain compliance with the
City's Capital Improvement Program or to reflect changes in land
development and estimated and actual pedestrian generation.
SECTION 4.
Territory to Which Fee Is Applicable.
The area of the City of Chula Vista to which the Impact Fee herein
established shall be applicable is set forth on Exhibit "4" of the
Report, on file in the City Clerk's Office and known as Document
No. and is generally described herein as the
"Territory. "
SECTION 5.
Purpose.
The purpose of this ordinance is to establish the Impact Fee in
order to provide the necessary financing to construct the
Facilities within the areas shown in Exhibit "1" of the Report, in
accordance with the City's General Plan.
SECTION 6.
Establishment of Fee.
The Impact Fee, to be based on a per Equivalent Dwelling Unit
("EDU") basis, and payable prior to the issuance of building
permits for residential development projects within the Territory,
is hereby established to pay for the Facilities.
SECTION 7.
Due on Issuance of Building Permit.
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The Impact Fee shall be paid in cash upon the issuance of a
residential building permit. Early payment is not permitted. No
building permit shall be issued for residential development
projects subject to this Ordinance unless the developer has paid
the Impact Fee imposed by this Ordinance.
SECTION 8.
Determination of Equivalent Dwelling Units.
Residential land uses shall be converted to Equivalent Dwelling
Units for the purpose of this fee based on the following table:
Fee by Land Use
Land Use People per household EDUs
Single Family Detached 3.22 I
("SFD")
Single Family Attached 2.80 0.87
("SF A")
Duplexes ("DUP") - 2.48 0.77
Multi Family ("MF") 2.21 0.69
"SFD" means a single residential unit on a single assessor's parcel
provided such assessor's parcel has a lot size greater than 3,000
square feet.
"SFA" means all residential units that are not classified as SFD,
DUP or MF.
"DUP" means a residential structure that contains two separate
living units that share a common wall and roof.
"MF" means a condominium unit or apartment unit.
SECTION 9.
Prohibited.
Time to Determine Amount Due; Advance Payment
The Impact Fee for each development shall be calculated at the time
of building permit issuance and shall be the amount as indicated at
that time and not when the tentative map or final map was granted
or applied for, or when the building permit plan check was
conducted, or when application was made for the building permit.
SECTION 10. Purpose and Use of Fee.
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The purpose of the Impact Fee is to pay for the planning, design,
construction and/or financing (including the cost of interest and
other financing costs as appropriate) of the Facilities, or
reimbursement to the City or, at the discretion of the City if
approved in advance in writing, to other third parties for
advancing costs actually incurred for planning, designing, con-
structing, or financing the Facilities. Any use of the Impact Fee
shall receive the advance consent of the City Council and be used
in a manner consistent with the purpose of the Impact Fee.
SECTION 11. Amount of Fee; Amendment to the Master Fee Schedule
The initial Impact Fee shall be calculated at the rate of $545 per
EDU. Chapter XVI, Other Fees, of the Master Fee Schedule is hereby
amended to add Section E, which shall read as follows:
"E. Otay Ranch Village 1 and 5 Pedestrian Bridge
Development Impact Fee.
This section is intended to memorialize the key
provisions of Ordinance No. _, but said Ordinance
governs over the provisions of the Master Fee Schedule.
For example, in the event of a conflict in interpretation
between the Master Fee Schedule and the Ordinance, or in
the event that there are additional rules applicable to
the imposition of the Impact Fee, the language of the
Ordinance governs.
a. Territory to which Fee Applicable.
The area of the City of Chula Vista to which the Impact
Fee herein established shall be applicable is set forth
in Exhibit "1" of the City of Chula Vista Pedestrian
Bridge Development Impact Fee Report dated November 6,
1998, and is generally described as the area surrounded
by Telegraph Canyon Road, Otay Lakes Road, Paseo
Ranchero, SR-125 and Olympic Parkway.
b. Rate per Residential Land Use and Fee
The Impact Fee shall be calculated at the rate of $545
per EDU and translated into a fee per land use based on
the people per household factor given below, which rate
shall be adjusted from time to time by the City Council.
----
b -__'7
5
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Residential Land I EDU's I Fee
. use I
Single Family I 1 I $545
I Detached (SFD)
I . I
: Attached, Cluster 0.87 $474
Housing ("SFA") I
: Duplexes ("DUP") 0.77 I $420
Multi Family ("MF") 0.69 : $374
,
c. Residential land use categories defined.
"SFD" means a single residential unit on a
single assessor's parcel provided such
assessor's parcel has a lot size greater than
3,000 square feet.
"SFA" means all residential units that are not
classified as SFD, DUP or MF.
"DUP" means a residential
contains two separate living
a common wall and roof..
structure that
units that share
"MF" means a condominium unit or apartment
unit.
d. When Payable.
The Impact Fee shall be paid in cash not later than
immediately prior to the issuance of a building
permit.
The City Council shall review the amount of the
Impact Fee annually or from time to time. The City
Council may, at such reviews, adjust the amount of
this Impact Fee as necessary to assure construction
and operation of the Facilities. The reasons for
which adjustments may be made include, but are not
limited to, the following: changes in the costs of
the Facilities as may be reflected by such index as
the Council deems appropriate, such as the
Engineering-News Record. Construction Cost Index
(ENR-CCI); changes in the type, size, location or
cost of the Facilities to be financed by the Impact
Fee; changes in land use in the City's General
Plan; other sound engineering, financing and
planning information. Adj ustments to the above
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Impact Fee may be made by resolution amending the
Master Fee Schedule.
SECTION 12. Authority for Accounting and Expenditures.
The proceeds collected from the imposition of the Impact Fee
shall be deposited into a public facility financing fund
("Otay Ranch Village 1 and 5 Pedestrian Bridge Development
Impact Fee Fund", or alternatively herein "Fund") which is
hereby created and shall be expended only for the purposes set
forth in this ordinance.
The Director of Finance is authorized to establish various
accounts within the Fund for the Facilities identified in this
ordinance and to periodically make expenditures from the Fund
for the purposes set forth herein in accordance with the
facilities phasing plan or capital improvement plan adopted by
the city Council.
SECTION 13. Findings.
The city Council hereby finds the following:
A. The establishment of the Impact Fee is necessary to
protect the public safety and welfare and to ensure the
effective implementation of the City's General Plan.
B. The Impact Fee is necessary to ensure that funds will
be available for the construction of the Facilities concurrent
with the need for these Facilities and to ensure certainty in
the capital facilities budgeting for growth impacted public
facilities.
C. The amount of the fee levied by this ordinance does
not exceed the estimated cost of providing the Facilities for
which the fee is collected.
D. New development projects within the Territory will
generate a significant amount of pedestrian traffic that
current pedestrian facilities can not service, therefore
construction of the Facilities will be needed to service new
development projects.
SECTION 14. Impact Fee Additional to other Fees and Charges.
The Impact Fee established by this section is in addition to
the requirements imposed by other City laws, policies or
regulations relating to the construction or the financing of
7
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the construction of public improvements within subdivisions or
developments.
SECTION 15. Mandatory Construction of a Portion of the
Facilities; Duty to Tender Reimbursement Offer.
Whenever a developer is required as a condition of approval of
a development permit to construct or cause the construction of
the Facilities or a portion thereof, the City may require the
developer to install the Facilities according to design
specifications approved by the City and in the size or
capacity necessary to accommodate estimated pedestrian traffic
as indicated in the Report and subsequent amendments. If such
a requirement is imposed, the City shall offer, at the city's
option, to reimburse the developer from the Fund either in
cash or over time as Fees are collected, or give a credit
against the Impact Fee levied by tais Ordinance or some
combination thereof, in the amount of the costs incurred by
the developer that exceeds their contribution to such
Facilities as required by this Ordinance, for the design and
construction of the Facility not to exceed the estimated cost
of that particular Facility as included in the calculation and
updating of the Impact Fee. The City may update the Impact
Fee calculation as City deems appropriate prior to making such
offer. This duty to offer to give credit or reimbursement
shall be independent of the developer's obligation to pay the
Impact Fee.
SECTION 16. Voluntary Construction of a Portion of the
Facilities; Duty of City to Tender Reimbursement Offer.
If a developer is willing and agrees in writing to design and
construct a portion of the Facilities in conjunction with the
prosecution of a development project within the Territory, the
City may, as part of a written agreement, reimburse the
developer from the Fund either in cash or over time as Fees
are collected, or give a credit against the Impact Fee levied
by this Ordinance or some combination thereof, in the amount
of the costs incurred by the developer that exceeds their
contribution to such Facilities as required by this Ordinance,
for the design and construction of the Facility not to exceed
the estimated cost of that particular Facility as included in
the calculation and updating of the Impact Fee and in an
amount agreed to in advance of their expenditure in writing by
the city. The City may update the Impact Fee calculation as
City deems appropriate prior to making such offer. This duty
to extend credits or offer reimbursement shall be independent
of the developer's obligation to pay the Impact Fee.
SECTION 17. Procedure for Entitlement to Reimbursement Offer.
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The City's duty to extend a reimbursement offer to a developer
pursuant to Section 15 or 16 above shall be conditioned on the
developer complying with the terms and conditions of this
section:
a. Written authorization shall be requested by the
developer from the City and issued by the City
Council by written resolution before developer may
incur any costs eligible for reimbursement relating
to the construction of the Facilities, excluding
any work attributable to a specific subdivision
project.
b. The request for authorization shall contain the
following information, and such other information
as may from time to time be requested by the City:
(1)
Detailed descriptions of the
conducted by the developer
preliminary cost estimate.
work to
with
be
the
c. If the Council grants authorization, it shall be by
written agreement .with the Developer, and on the
following conditions among such other conditions as
the Council may from time to time impose:
(1) Developer shall prepare all plans arid
specifications and submit same to the City for
approval;
(2) Developer shall secure and dedicate any
right-of-way required for the improvement
work;
(3) Developer shall secure all required permits
and environmental clearances necessary for
construction of the improvements;
(4)
Developer shall provide performance
form and amount, and with
satisfactory to the City;
bonds in a
a surety
(5) Developer shall pay all City fees and costs.
(6)
The City shall be held harmless
indemnified, and upon demand by the
defended by the developer for any of the
and liabilities associated with
improvements.
and
City,
costs
the
(7) The developer shall advance all necessary
funds for the improvements, including design
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and construction. The City will not be
responsible for any of the costs of
constructing the facilities.
(8) The developer shall secure at least three (3)
qualified bids for work to be done. The
construction contract shall be granted to the
lowest qualified bidder. Any claims for
additional payment for extra work or charges
during construction shall be justified and
shall be documented to the satisfaction of the
Director of Public Works.
(9) The developer shall provide a detailed cost
estimate which itemizes those costs of the
construction attributable to the improvements.
Soils Engineering shall be limited to 7.5% of
the project cost, Civil Engineering shall be
limited to 7.5% of the hard cost and landscape
architecture shall be limited to 2% of the
landscaping cost. The estimate is preliminary
and subject to final determination by the
Director of Public Works upon completion of
the Public Facility Project.
(10) The agreement may provide that upon
determination of satisfactory incremental
completion of the public facility project, as
approved and certified by the Director of
Public Works, the City may pay the developer
progress payments in an amount not to exceed
75 percent of the estimated cost of the
construction completed to the time of the
progress payment but shall provide in such
case for the retention of 25% of such costs
until issuance by the City of a Notice of
Completion.
(11) The agreement may provide that any funds owed
to the developer as reimbursements may be
applied to the developer's obligations to pay
the Impact Fee for building permits to be
applied for in the future.
(12) When all work has been completed to the
satisfaction of the City, the developer shall
submit verification of payments made for the
construction of the project to the City. The
Director of Public Works shall make the final
determination on expenditures which are
eligible for reimbursement.
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(13) After final determination of expenditures
eligible for reimbursement has been made by
the Public Works Director, the parties may
agree to offset the developer's duty to pay
Impact Fees required by this ordinance against
the City's duty to reimburse the developer.
(14) After offset, if any funds are due the
developer under this section, the City may at
its option, reimburse the developer from the
Fund either in cash or over time as Fees are
collected, or give a credit against the Impact
Fee levied by this Ordinance or some
combination thereof, in the amount of the
costs incurred by the developer that exceeds
their required contribution to such Facilities
as required by this Ordinance, for the design
and construction of the Facility not to exceed
the estimated cost of that particular Facility
as included in the calculation and updating of
the Impact Fee and in an amount agreed to in
advance of their expenditure in writing by the
City.
(15) A developer may transfer a credit against the
Impact Fee to another developer with the
written approval of the Director of Public
Works in the Director's sole discretion.
SECTION 18. Procedure for Fee Modification.
Any developer who, because of the nature or type of uses
proposed for a development project, contends that application
of the Impact Fee imposed by this ordinance is
unconstitutional or unrelated to mitigation of the burdens of
the development, may apply to the City Council for a waiver or
modification of the Impact Fee or the manner in which it is
calculated. The application shall be made in writing and
filed with the City Clerk not later than ten (10) days after
notice is given of the public hearing on the development
permit application for the project, or if no development
permit is required, at the time of the filing of the building
permit application. The application shall state in detail the
factual basis for the claim of waiver or modjfication, and
shall provide an engineering and accounting report showing the
overall impact on the DIF and the ability of the City to
complete construction of the Facilities by making the
modification requested by the applicant. The city Council
shall make reasonable efforts to consider the application
within sixty (60) days after its filing. The decision of the
city Council shall be final. The procedure provided by this
section is additional to any other procedure authorized by law
11
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for protection or challenging the Impact Fee imposed by this
ordinance.
SECTION 19. Fee Applicable to Public Agencies.
Development projects by public agencies, including schools,
shall not be exempt from the provisions of the Impact Fee.
SECTION 20. Assessment District.
If any assessment, community facilities district or special
taxing district is established to design, construct and pay
for any or all of the Facilities ("Work Alternatively
Financed"), the owner or developer of a project may apply to
the City Council for reimbursement from the Fund or a credit
in an amount equal to that portion of the cost included in the
calculation of the Impact Fee attributable to the Work
Alternatively Financed. In this regard, the amount of the
reimbursement shall be based on the costs included in the
Report, as amended from time to time, and therefore, will not
include any portion of the financing costs associated with the
formation of the assessment or other special taxing district.
SECTION 21. Expiration of this Ordinance.
This ordinance shall be of no further force and effect when
the City Council determines that the amount of Impact Fees
which have been collected reaches an amount equal to the cost
of the Facilities.
SECTION 22. Time Limit for Judicial Action.
Any judicial action or proceeding to attack, review, set
aside, void or annul this ordinance shall be brought within
the time period as established by Government Code Section
66022 after the effective date of this ordinance.
SECTION 23. Other Not Previously Defined Terms.
For the purposes of this ordinance, the following words or
phrases shall be construed as defined in this Section, unless
from the context it appears that a different meaning is
intended.
(a) "Building Permit" means a permit required by and
issued pursuant to the Uniform Building Code as
adopted by reference by this city.
(b) "Developer" means the owner or developer of a
development.
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(c)
"Development Permit"
permit, entitlement or
project issued under
ordinance of the City.
(d)
"Development Project"
activity described in
Government Code.
means any discretionary
approval for a development
any zoning or subdivision
or "Development" means any
Section 66000 of the State
(e) "Single Family Attached Dwelling" means a single
family dwelling attached to another single family
dwelling, with each dwelling on its own lot.
SECTION 24. Effective Date.
This ordinance shall become effective sixty (60) days after
its second reading and adoption.
Presented by
John P. Lippitt
Director of Public Works
H:\Home\Attorney\PED3
Approved as to form by
~~U-t
Joh . Kaheny ~
City Attorney
13
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ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
CALIFORNIA, ACTING AS THE LEGISLATIVE BODY OF CO
DISTRICT NO. 97-3 (McMILLIN OTAY RANCH SPA ONE)
LEVY OF A SPECIAL TAX IN SUCH COMMUNITY F ACILt
{J~
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~~
~
VISTA,
FACILITIES
ORIZING THE
ISTRICT
ORDINANCE NO.
)?tY
WHEREAS, the CITY COUNCIL of the CITY OF CHULA VISTA, CALIFORNIA (the "City
Council"), has initiated proceedings, held a public hearing, conducted an election and received a favorable
vote from the qualified electors authorizing the levy of a special tax in a community facilities district, all 11$
authorized pursuant to the terms and provisions of the "Mello-Roos Community Facilities Act of 1982",
being Chapter 2.5, Part I. Division 2, Title 5 of the Government Code of the State of California (the "Act").
This Cornmunity Facilities District is designated as COMMUNITY FACILITIES DISTRICT NO. 97-3
(McMILLIN OT A Y RANCH SPA ONE) (the "District").
BE IT ORDAINED AS FOLLOWS:
SECTION I. This City Council does, by the passage of this ordinance, authorize the levy of special
taxes pursuant to the rate and method ofapportionrnent of the special taxes as set forth in Exhibit "A"
attached hereto (the "Rate and Method"), referenced and so incorporated.
SECTION 2. This City Council, acting as the legislative body of the District, is hereby furthElr
authorized, by Resolution, to annually determine the special tax to be levied for the then current tax year or
future tax years, except that the special tax to be levied shall not exceed the maximum special tax calculated
pursuant to the Rate and Method, but the special tax may be levied at a lower rate.
SECTION 3. The special tax shall be collected in the same manner as ordinary ad valorem taxes
are collected and shall be subject to the same penalties and the same procedure, sale and lien priority in case
of delinquency as is provided for ad valorem taxes.
SECTION 4. The special tax shall be secured by the lien imposed pursuant to Sections 3114.5 an~
3115.5 of the Streets and Highways Code of the State of California, which lien shall be a continuing lien an~
shall secure each levy of the special tax. The lien of the special tax shall continue in force and effect until
the special tax obligation is prepaid, permanently satisfied and canceled in accordance with Section 53344
of the Government Code of the State of California or until the special tax ceases to be levied by the City
Council in the manner provided in Section 53330.5 of said Government Code.
SECTION 5. This Ordinance shall be effective thirty (30) days after its adoption. Within fifteen
(15) days after its adoption, the City Clerk shall cause this Ordinance to be published in a newspaper of
general circulation in the City pursuant to the provisions of Govemrnent Code Section 36933.
INTRODUCED AND FIRST READ at a regular meeting of the City Council of the City ofChula
Vista, California, on December 8 , 1998;
7~/
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~ Ci~ /998
Presented by
Approved as to form by
John P. Lippitt, Director
of Public Works
6.~ ~- ~~)--
John M. Kaheny, City Attorn
/--~
*7/-2
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PROOF OF PUBLICATION
(2015.5 C.C.P.)
STATE OF CALIFORNIA,
County of San Diego:
I am a citizen of the United States and a
resident of the county aforesaid; I am
over the age of eighteen years, and not
a party to or interested in the above-
entitled matter. I am the principal clerk
of the printer of THE STAR-NEWS, a
newspaper of general circulation, pub-
lished ONCE WEEKLY in the city of
Chula Vista and the South Bay Judicial
District, county of San Diego, which
newspaper has been adjudged a news-
paper of general circulation by the
Superior Court of the County of San
Diego, State of California, under the
date of April 23, 1951, Case Number
182529; that the notice, of which the
annexed is a printed copy (set in type
not smaller than nonpareil), has been
published in each regular and entire
issue of said newspaper and not in any
supplement thereof on the following
dates, to-wit:
1/16
all in the year 1999
I certify (or declare) under penalty of
perjury that the foregoing is true and
correct.
Dated at Chula Vista, California 91910
this
day of ,lilnuary
1999.
1Ii
Signature
PRINCIPLE CLERK
This space is for the County Clerk's filing stamp
Proof of Publicaton of:
rv.. llno? SECTIO/< 2. This City
----"'- - ..?--lr,.~___________. Council, acting as the le9--...------
islative uoilj of the
ORDINANCE # 2768 District, is he~by further
_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _. auth,orrzed, by.Resolution, ...; _ _ _ _ __
to annually determine the
sPecial.- ta~ to be levied for
the then current: tax-year
ORDINANCE NO, 2768 a,Mu,etax years,~xcept
-. " . . tharthe special tax to be
AN ORDINA,NCE OF THEile clipplr levied shall not exceed the
CITY COUNCIL OF THE SECUI maximuritsP,ciaLbix cal-
CITY.OFCHULA VISTA, in lhis ,culated p.rs~ntto the
CALlFORNI-\, 'ACTING AS . Rate and Method, but Ihe
THE LE!'IS,LATjVEBOOY 'special tax may be levied
QF COMMulil,n:, fACILI- at a lower rate. '
TIES DISTRICT NO. 97-3 .
(McMILLlN OTAY RANCH
SPA ONE) AUTHORIZING
THE LEVY OF A SPECIAL
TAX IN SUCH COMMUNI-
TY FACIUTIES DISTRICT
WHEREAS, the CLTY
COUNCIL ofthe CITY OF
CHULA VISTA. CALIFOR-
NIA, (the "City Council"),
Msinitiatetl proceedings,
held a. publiC hearing, con-
dueted anelecUo{l. a.nd
receilJed aJavorable:, yote_
tro('6l;.the':qualltiedeleqors,
authorizlng- the' ieyy_ of, a
special tax in' a c.olTJiTiunity
facHitfes district. aH -as
authorized purSuant to the
terms_and p'rovisions'of
tile. "Menb~A_oosCo,,"mu'
nity FaGi,iities fie) at 1982,"
being. Chapter 2,S, Part 1,
Division 2. Title 501 the
-Governm~nt Code of the
Stat~ol California (the
"Act")..This Community
Facilities District is deSIg-
nated as COMMUNITY FA-
CIliTIES DISTRICT NO.
97-3 (McMILLIN OTAY
RANCH SPA ONE) (the
~Distrtct").
BElT ORO'AINEO AS
'DLLOWS:" ,,<_
-SECTIO~ L-tliisCity
Council-does,Jly~e: pas-
sage of. th~ dr~i!lance,
authOriz(tl1e. levy _ Of sp_e-
cial taxes' -pursuant to the
rate and method' of app~r-
Honment olthe speCIal
taxes. as set forth in
Exhibit "A," attached
hereto *the "Rate an,d
Method"), referenced and
so incorporated.
I ~ .;L-
SECTION 3: .The special
tax shalL.be collected. in
the ii'arne' manner, as
ordinary ad valorem, taxes
are. collected and shall.be
subject to the same pen.
alties and the same
procedure,. sale. and lien
priority in case of
deHnq~ncy as is provided
for ad valorem taxes.
SECTion 4. The speCial
tax'shall beseClJredby,the
hen. imposed pursuant to
Sections<H14.5 and
3-115.5. of the Streets and
Highw.ays 'Code of the
StatlJ'.af..&atiiornia,,'whrch
HEm shal~rre a c.ontitnung
I lien' and shal(seGure' each
levy of the special tax. The
lien of the special tax shall
continue in force and
effect until the- special- tax
obligation fS" prepaid,
permanently satisfied and i
cance-I'ed. irr accordance
with'Section 53344 'of the
Government Code of .the
State of Callfornia or untjl
the spe.cial tax CE:ases to
be levied by. the City
Council in the manner
provided in Section,
5.33:30.5. _ElJ..sa!d~ Go~- I
ernmentCode. I
,S.ClIO/<S.T~is ordi-'I
nance shaUrtle, effective
thirW (30) days an". It"
adoption., Withi.rdifteen,I
(1S) daysaffer Its adop-
tio"" the City Clerk shaU
cause this Ordinance to be!
published in a newspape~
of general circulation i~
ttle City pursuant to th
provisions- of Govemmen
Code Section ~~~33. . .,I"j '\
Exhibit "A"
RA TE ~1I.,:n METHOD OF APPORTIO:.\MEI\'T FOR
CITY OF CHlJLA VISTA
COMM1Th1TY FACILITIES DISTRICT NO. 97-03
(OTA Y RA.."NCH MC MILLIN SPA ONE)
A Special Tax as hereinafter defIned shall be levied on all Assessor's Parcels of Taxable Property
in Ci:y of Chula Vista Community Facilities District No, 97-03 CCFD No, 97-03") and collected
each Fiscal Year commencing in Fiscal Year 1999-2000, in an amount determined by the City
Council through the application of the appropriate Special Tax for "Developed Property,"
"T=ble Property Owner Association Property: and "Undeveloped Property" as described
below. All of the real property in CFD No. 97-03, unless exempted by law or by the provisions
hereoi, shall be taXed ior the purposes, to the extent and in the manner herein provided.
A. DEf'P.\I1TIO!'lS
Tne terTI'S hereinafter set iorth have the iollowing meanings:
"Acre or Acreage" m= the land area of an Assessor's Parcel as shov.'TI on an Assessor's
Parcel Map, or if the land area is not shown on an Assessor's Parcel Map. the land area
shown on the applicable rmal map. parcel map. condominium plan, record of survey. or
other recorded document creating or describing the parcel. If the preceding maps are not
available. the Acreage shall be determined by the City Engineer.
"Act" means the Mello-Roos Community Facilities Act of 1982, as amended, being
Chapter 2.5, Division 2 of Title 5 of the Government Code of the State of California.
"Administrative Expenses" means the following actual or reasonably estimated costs
directly reJared to the administration of CFD No. 97-03: the costs of computing the Special
Taxes and preparing the annual Special Tax collection schedules (whether by the City or
designee thereof or both); the costs of collecting the Special Taxes (whether by the COUDty.
the City. or otherwise); the costs of remining the Special Taxes to the Trustee; the costs
of the Trustee (including its legal counsel) in the discharge of the duties required of it
under the Indenrure; the costs to the City. CFD No. 97-03 or any designee thereof of
complying with arbitrage rebate requirements: the costs to the City. crn No. 97-03 or any
designee thereof of complying with Ciry, crn No. 97-03 or obligated persons disclos;:re
requirements associated with applicable federal and state securities laws and of the Act; the
costS associated with preparing Special Tax disclosure statements and responding to public
inquiries regarding the Special Taxes; the costs of the City. CFD No. 97-03 or any
designee thereof related to an appeal of the Special Tax; and the costs associated with the
release oi funds from an escrow account, if any. Administrative Expenses shall also
include amounts estimated or advanced by the Ciry or CFD No. 97-03 for any other
administrarive purposes of CFD No. 97-03. including anorney's fees and otber cosrs
?~3
~~~-3
/'
October 8. 1998
related lD commencing and pursuing to completion any foreclosure of delinquent Special
Taxes.
"Assessor's Parcel" means a lot or parcel shown in an Assessor's Parcel Map with an
assigned Assessor's Parcel number.
"Assessor's Parcel Map" means an official map of the County Assessor of the County
designating parcels by Assessor's Parcel number.
"Available Funds" means the balance in the reserve fund established pursuant to the terms
of the Indenture in excess of the reserve requirement as defmed in such Indenture,
delinquent special tax payments, foreclosure proceeds, the pomon of proceeds of Backup
Special Tax payments and Special Tax prepayments collected to pay interest on Bonds, and
other sources of funds available as a creditlD the Special Tax Requirement as specified in
such Indenture.
"Backup Special Tax" means the special tax that is required to be paid as a condition
precedent lD the issuance of building permits or recordation of fmal maps, as determined
in accordance with Section E below.
"Bonds" means any bonds or other debt (as defmed in the Act), whether in one or more
series, issued by CFD No. 97-03 under the Act.
"CFD Anmini,trator" means an official of the City, or designee thereof, responsible for
determining the Special Tax Requirement and providing for the levy and collection of the
Special Taxes.
"CFD Ko. 97-03" means City of Chula Vista Conununity Facilities District No. 97-03
(Otay Ranch McMillin SPA One).
"City" means the City of Chula Vista.
"Council" means the City Council of the City, acting as the legislative body of
CFD No. 97-03.
"Commercial Property" means all Assessor's Parcels of Developed Property for which
a building permit(s) was issued for a non-residential use, excluding Community Purpose
Facility Property...
"Community Purpose Facility Property" means all Assessor's Parcels of Developed
Property which are classified as community purpose facilities and meet the requirements
of City of Chula Vista Ordinance No. 2452.
"County" means the County of San Diego.
/~i
~i%V~11
"Developed Property" means, for each Fiscal Year, all Taxable Property, exclusive of
Taxable Property Owner Association Property for which a building permit for new
construction was issued prior to April 1 of the prior Fiscal Year.
"Development Projection" means an annual calculation for each Planning Area of
CFD No. 97-03 of (i) the number and total Residential Floor Area of existing dwelling
units of Residential Property, the number of existing Acres of Commercial Property, and
the number of existing Acres of Community Purpose Facility Property and (ii) a projection
of all future development, including the acreage, projected number of residential dweIiing
units, projected Residential Floor Area, projected Commercial Property Acres, projected
Community Purpose Facility Property Acres, and an absorption schedule for all future
development in CFD No. 97-03. The Development Projection shall be dated as of April
1 and prepared each Fiscal Year by the Master Developer. Upon submittal, the CFD
AdminisrratDr shall review, modify if necessary, and approve the Development Projection.
If the Development Projection is not received by the CFD AdminisrratDr on or before May
1, the crn Adrninisrrator shall then prepare or cause to be prepared a Development
Projection.
"Final Residential Subdivision" means a subdivision of property created by recordation
of a final map, parcel map, or lot line adjusunent, approved by the City pursuant to the
Subdivision Map Act (California Goverrunent Code Section 66410 el seq.) or recordation
of a condominium plan pursuant to California Civil Code 1352 that creates individual lots
for which residential building permits may be issued without further subdivision of such
property.
"Fiscal Year" means the period starting July 1 and ending on the following June 30.
"Indenture" means the indenture, fiscal agent agreement, rrust agreement, resolution or
other instrument pursuant to which Bonds are issued, as modified, amended andior
supplemented from time to time, and any insrrument replacing or supplementing the saIne.
"Land Use Class" means any of the classes listed in Table 1.
"Master Developer" means the owner or owners of lhe predominant amount of
Undeveloped Property in CFD No. 97-03.
"Maximum Annual Special Tax" means the maximum annual Special Tax, determined
in accordance with the provisions of Section C below, that may be levied in any Fis;al
Year on any Assessor's Parcel of Taxable Property.
"Occupied Residential Property" means all Assessor's Parcels of Residential Property
which have closed escrow to an end user.
"Outstanding Bonds" means all Bonds which remain outstanding.
7~3 ~d~V-Y
C-. r: .--.~ .. .~.'__.^,_. ..__
,,~.~,,~_ 0 'nnp
"Planning Areas" means those areas shown on Exhibit A. Minor adjustments in the
boundaries of the Planning Areas may be made by the CFD Administrator to conform to
the tentative and final maps approved for these areas.
"Property Owner Association Property" means any property within the boundaries of
CFD No. 97-03 owned by or dedicated to a property owner association, including any
master or sub-association.
"Proportionately" means for Developed Property that the ratio of the acrual Special Tax
levy to the Maximum Annual Special Tax is equal for all Assessor's Parcels of Developed
Property within CFD No. 97-03. For Undeveloped Property, "Proportionately" means
that the ratio of the acrua1 Special Tax levy per Acre to the Maximum Annual Special Tax
per Acre is equal for all Assessor's Parcels of Undeveloped Property in CFD No. 97-03.
"Public Property" means any property within the boundaries of CFD No. 97-03 that is
used for rights-of-way or any other purpose and is owned by or dedicated to the federal
government, the State of California, the County, the City or any other public agency.
"Residential Property" means all Assessor's Parcels of Developed Property for which a
building permit has been issued for purposes of constructing one or more residential
dwelling unitS.
"Residential Floor Area" means all of the square footage of living area within the
perimeter of a residential strucrure, not including any carport, wall-way, garage, overhang,
patio, enclosed patio, or similar area. The determination of Residential Floor Area shall
be made by reference to appropriate records kept by the City's Building Department.
Residential Floor Area will be based on the building permit(s) issued for each dwelling unit
prior to it being classified as Occupied Residential Property, and shall not change as a
result of additions or modifications made after such classification as Occupied Residential
Property.
"Special Tax" means the (i) annual special taX to be levied in each Fiscal Year on each
Assessor's Parcel of Taxable Property to fund the Special Tax Requirement and (ii) the
bacl-up special tax that may be required as a result of changes in development.
"Special Tax Requirement" means that amount required in any Fiscal Year for
CFD No. 97-03 to: (i) pay annual debt service on all OutStanding Bonds; (ii) pay periodic
costs on the Bonds, including but nor limited to, credit enhancement and rebate paymel!ts
on the Bonds; (iii) pay reasonable Administrative Expenses; (iv) pay any amounts required
to establish or replenish any reserve funds for all Outstanding Bonds in accordance with
the Indenrure; (v) and pay directly for acquisition and/or construction of which are
authorized to be financed by CFD No. 97-03; (vi) less a credit for Available Funds.
"State" means the State of California.
"Taxable Property" means all of the Assessor's Parcels within the boundaries of CFD No.
97-03 which are nor exempt from the Special Tax ant w or Section F below.
7 ~'&- -/ .
"Taxable Property Owner Association Property" means all Assessor's Parcels of
ProperTY Owner Association ProperTY that are not exempt pursuant to Section F below.
"Trustee" means the trustee, fiscal agent, or paying agent under the Indenture.
"Undeveloped Property" means, for each Fiscal Year, all Taxable Property not classified.
as Developed Property or Taxable Property Owner Association Property.
B. ASSIG!>."MENT TO LA...1'ID USE CATEGORIES
Each Fiscal Year, all Taxable Property within CFD No. 97-03 shall be classified as
Developed Property, Taxable Property Owner Association Property, or Undeveloped
Propeny, and shall be subject to the levy of annual Special Taxes determined pursuant to
Sections C and D below. Developed Property shall be assigned to Land Use Classes I
through 3 as listed in Table 1 based on the primary land use of each such Assessor's
Parcel.
The Maximum Annual Special Tax for Residential Property shall be based on the
Residential Floor Area of the dwelling units located on the Assessor's Parcel. Tne
Maximu.1Il Annual Special Tax for Commercial Property and Community Purpose Facility
Propeny shall be based on the Acreage of the Assessor's Parcel.
C. MAxlML"M A.NNUAL SPECIAL TAX R.UE
1. Developed Property
The Maximum AlInual Special Tax for each Land Use Class of Developed ProperTy
snail be the amount shown in Table I below.
TABLE 1
Land Use
Class Description Maximum Annual Special Tax
I Residential ProperTY $0.392 per square foot of Residential
Floor Area ..
I 7 I Commercial ProperTY I $4,000 per Acre
3 I Community Purpose Facility Property I $1,000 per Acre
Maximum Annual Special Taxes for Developed Property
Community Facilities District No. 97-03 .
7~ / ~// 157)- 7
('),..,,,,1,,... -" 100f?
1 Cndeveloped Property and Taxable Property Owner Association Property
The Maximum Annual Special Tax for Undeveloped Property and Taxable
Property Owner Association Property in CFD No. 97-D3 shall be $7,954 per Acre.
D. METHOD OF A.PPORTIOl'<'ME!>.! OF THE SPECIAL TAX
Commencing with Fiscal Year 1999-2000 and for each following Fiscal Year, the Council
shall determine the Special Tax Requirement and shall levy the Special Tax until the
amount of Special Taxes equals the Special Tax Requirement. The Special Tax shall be
levied each Fiscal Year as follows:
First: The Special Tax shall be levied Proportionately on each Assessor's Parcel of
Developed Property at up to 100 % of the applicable Maximum ADDuaI Special Tax.
Second: If additional monies are needed to satisfy the Special Tax Requirement after the
first step has been completed, the Special Tax shall be levied Proportionately on each
Assessor's Parcel of Undeveloped Property at up to 100% of the Maximum Annual Special
Tax for Undeveloped Property;
Tnird: If additional monies are needed to satisfy the Special Tax Requirement after the
first two steps have been completed, then the Special Tax shall be levied Proportionately
on each Assessor's Parcel of Taxable Property Owner Association Property at up to the
Maximum Annual Special Tax for Taxable Prop'erty Owner Association Property.
Norwithstanding the above, under no circumstances will the Special Tax levied against any
Assessor's Parcel of Occupied Residential Property be increased by more than ten percent
per year as a consequence of delinquency or default in the payment of Special Taxes by the
owner of any other Assessor's Parcel within the CFD.
E. BAC1.u'P SPECIAL TAX
The following defmitions apply to this Section E:
"Actual Average Special Tax Per Unit" means, for each PI arming Area, the Acrual
Special Tax Revenue divided by the sum of the number of units included in any current
building permit application(s) plus the number of units within such Planning Area for
which building permits have previously been issued. Any building permits issued after en
Assessor's Parcel has been classified as Occupied Residential Property shall not be
included in determining the Acrual Average Special Tax Per Unit.
"Actual Special Tax Revenue" means, for each PI arming Area, the sum of the total
Residential Floor Area shown on any current building permit application(s) plus the toral
Residential Floor Area from any previously issued building permits within the Planning
Area multiplied by the applicable Maximum Annual Special Tax. Any building permits
issued after an Assessor's Parcel has been classified as Occupied Residential Property shall
not be included in determin~e Acrual 0~ Tax Revenue.
~~
"Backup Special Tax Fund" means, for each Planning Area, the fund or account
idemified in the Indenture to hold Bad:up Special Tax paymems received from property
owners within such Planning Area.
"Expected Special Tax Revenue" means, with respect to each Planning Area, the amountl
shown in the column so labeled in Table 2
"Required Average Special Tax Per UnitJAcre" means, for each Planning Area, the'
Expected Special Tax Revenue divided by the total expected number of dwelling units or'
non-residential Acres (as applicable) expected to be developed within the Planning Area,
as determined by the CFD Administrator based on tentative maps, Final Residential,
Subdivision maps, the Development Projection, and all other relevant information available'
to the CFD Administrator. In cases where residential and non-residential properly are both,
included within a Planning Area, the CFD Administrator may adjust the Required Average
Special Tax Per Unit/Acre as necessary.
"Share of Annual Debt Service" means, for each Planning Area, the maximum annual;
debt service on the Bonds multiplied by that Planning Area's percentage of the total Special
Tax revenue, as shown in Table 2 below. A Planning Area's Share of Annual Debt
Service shall be adjusted to reflect any prepayments within that Planning Area.
1. a:pected Development and Special Tax Revenues
Table 2 below identifies the amount of development and Special Tax revenue that
is currently expected from each Planning Area. Table 2 may be revised by the
CFD Administrator if the Planning Area boundaries are modified.
..
7--9
~ !5P-9>
----.....-- ----_..+-~_.._--... "~_..- -.., --.
" Tn,,!'
TABLE 2
.
NUMBER EXPECTED
OF TOTAL SPECIAL PERCENT
PLA\"~ING EXPECTED U~ITS/ RESIDENTIAL TAX OF TOTAL
AREA PRODUCT TYPE ACRES FLOOR AREA REVENUE REVENUE
I R-I-11 I Residential Property 120 units I 344,760 5135.146 14.22 %
I R-I-22 I Residential Property I 86 units I 156.864 I 561.491 I 6.47%
I R-J-23 I Residential Property I 87 units I 173.39] I 567,969 7.15%
I R-J-24 I Residential Property 138 units I 352,038 I $137,999 14.52%
I R-J-46 I Residential PropertY 117 units I 158,535 I 562.146 6.54%
CPF-J-4 Community Purpose 4.8 acres NA I 54,800 I 0.51%
Facility Property
I R-I-12 I Residential Property I 103 units I 205,279 I 580,469 I 8.48%
I R-I-41 I Residential PropertY 90 units 166.500 I $65,268 6.87%
I R-I-42 I Residential Propeny 74 units I 134,976 I 552,911 5.57%
I R-I-40 I Residential Propeny 201 units I '-1 "-0 I 598,490 10.37%
-, .-,
I R-J-43 I Residential Property 240 units I 234,000 I 591. 728 I 9.65%
I R-I-44 I Residential Property I 200 units I 195.000 576,440 8.05%
R-J-45 I Residential Pronerty 18 units I 17,550 56,880 I 0.72%
I C-1-2 I Commercia] Pronerty 2.1 acres! NA I 58,400 0.88%
I TOTAL I NA 1.474 units I NA I 5950.137 100.00%
Expected Deve]opment and Special Tax Revenue by Planning Area
Communitv Facilities District No. 97-03
.,
Calculation of Required A "erage Special Tax Per Unit/Acre
At the time the first building permit application for a Planning Area is submined
to the City, the CFD Administrator shall calculate the Required Average Special
Tax Per Unit/Acre.
3. Backup Special Tax due to Loss of Units/Acres
If at any time after the Required Average Special Tax Per Unit/ Acre has been
calculated initially for a Planning Area, the CFD Administrator determines that
based on tentative maps, Final Residential Subdivision maps, the Development
Projection, and any other available information there has been a reduction in lbe
total expected number of dwelling units or non-residential Acres within that
Planning Area, then a Bacl.:up Special Tax payment shall be required for each lost
unit or Acre prior to the issuance of any additional building permits or the
recordation of any additional final maps for such Planning Area.
4. Backup Special Tax due to Loss of Residential Floor Area
For Planning Areas that include Residential Property, before each building permit
7~ / rJ ~~i ;;2d7/-/1/
,
(or group of permits) is issued, the CFD Administrator shall calculate the Acrual
A verage Special Tax Per Unit for the Planning Area. If the Acrua! Average Special
Tax Per Unit is less than the Required Average Special Tax Per Unit then a BacJ..'1lp
Special Tax payment will be required prior to issuance of the building permit(s)
induded within the calculation.
5. Calculation of Backup Special Tax
The Bad.'1lp Special Tax payment amount will be calculated using the prepayment
formula described in Section L 1, with the following exceptions: (i) if the Backup
Special Tax is required as a result of Section E.3, then the amount used in
Paragraph 1 of the prepayment formula described in Section L 1 shall equal the
number of lost units or Acres, as applicable, times the Required Average Special
Tax Per UnitfAcre; (ii) if the Bad.'1lp Special Tax is required as a result of Section
E.4, then the amount used in Paragraph 1 of the prepayment formula described in
Se...-tion L 1 shall equal the difference berween the Actual Average Special Tax Per
Unit and the Required Average Special Tax Per Unit times the sum of the number
of units for which permits are being issued plus the number of units within the
Planning Area for which building permits have previously been issued. The amount
determined pursuant to the preceding sentence shall be reduced by the balance in
tbe BacJ..'1lp Special Tax Fund that has been established for such Planning Area; (iii)
in Paragraph 5 of the prepayment formula described in Section L 1, compute the
amount needed to pay interest on the Bond Redemption Amount until the first
redemption date that occurs after five years from the date of the first Backup
Special Tax payment in the Planning Area; (iv) any Backup Special Tax payments
received for a Planning Area (less Administrative Fees and Expenses) shall be
deposited into the BacJ..'1lp Special Tax Fund for that Planning Area and disbursed
pursuant to the lndenrure; and (v) the Maximum Annual Special Taxes applicable
to property within a Planning Area shall nO! be reduced or relieved as a result of
payment of the BacJ..'1lp Special Tax.
6. Use/Release of Backup Special Tax Payments
\\'hen a Planning Area reaches full buildoUl (i. e. all e~pected building permits have
been issued), the CFD Administrator shall calculate the actual Developed Property
Maximum Annual Special Tax revenues that will be generated from such Planning
lVea. If the acrual Developed Property Maximum Annual Special Tax revenues are
greater than or equal to 1.1 times that Planning Area's Share of Annual D~bt
Service, the balance in the BacJ..'1lp Special Tax Fund shall be rerurned to the payer.
If BacJ..'1lp Special Taxes have been paid by more than one entity, the amount of
Backup Special Taxes rerurned to each payer shall be in proponion to the amount
paid by each entity. If the acrual Developed Property Maximum Annual Special
Tax revenues are less than 1.1 times that Planning Area's Share of Annual Debt
Service, then to the extent necessa.ry to generate 110% coverage, the balance in the
BacJ..'1lp Special Tax Fund shall be used to redeem bonds on the next available
redemption date. Any moneys remaining in BacJ..'1lp Special Tax Fund shall be
rerumed to the payer. If a Planning Area has not reached full uildout within five
~ .
" .,.,,.,,,
..c:. .-,....,. ...
years after the fIrst payment of Bad.lly Special Taxes for such Planning Area. then
all moneys in the Backup Special Tax Fund shall be used to redeem bonds on the
next available redemption date.
F. EXEMPTIONS
No Special Tax shall be levied on up to 155.385 Acres of Property Owner Association
Property and Public Property. Tax-exempt stams will be irrevocably assigned by the CFD
Administrator in the chronological order in which property becomes Property Owner
Association Property or Public Property.
After the jimit of 155.385 exempt Acres has been reached, the Maximum Annual Special
Tax obligation for any additional Public Property shall be prepaid in full by the seller
pursuant to Section 1.1, prior to the transfer/dedication of such property.
Property Owner Association Property that is not exempt from Special Taxes under this
section shall be subject to the levy of the Special Tax and shall be taxed Proponionately
as pan of the third step in Section D above, at up to 100% of the Maximum Annual Special
Tax for Taxable Property Owner Association Property.
G. REVIE\V/APPEAL COMMITTEE
The Council shall establish as pan of the proceedings and administration of CFD No. 97-
03 a special three-member Review/ Appeal Comminee. Any landowner or resident who
feels that the amount of the Special Tax levied on their Assessor's Parcel is in error may
file a written norice with the Review/ Appeal Comminee appealing the amount of the
Special Tax levied on such Assessor's Parcel. The Review/Appeal Comminee may
establish such procedures as it deems necessary to undertake the review of any such
appeal. Tne Review/Appeal Conuninee shall interpret this Rate and Method of
Apponionment and make determinations relative to the annual administration of the Special
Tax and any landowner or resident appeals, as herein specified. The decision of the
Review/Appeal Committee shall be final and binding as to all persons.
H. MANl\t:R OF COLLECTION
The annual Special Tax shall be collected in the same manner and at the same time as
ordinary ad valorem property taxes; provided, however, that CFD No. 97-03 may directly
bill the Special Tax, may collect Special Taxes at a different time or in a different matlll.er
if necessary to meet its financial obligations, and may covenant to foreclose and may
acrually foreclose on Assessor's Parcels which are delinquent in the payment of Special
Taxes.
Landowners shall pay the Bad.llp Special Tax directly to the City upon notification of the
Baclmp Special Tax amount due, prior to the issuance the building permits or recordation
of the final map, as applicable, upon which the calculation of such BacJ..llp Special Tax is
based. BacJ..llp Special Tax payments may be made in cash or as a lener of credit with
terms acceptable to the CFD Administrator. 0--- r ~
7 ~/ d-.. b-C-- /t<-;;"~ 7? - /2
Tenders of Bonds may be accepted for payment of Special Taxes upon the terms and
conditions established by the Council pursuant lD the Act. However, the use of Bond
tenders shall only be allowed on a case-by-case basis as specifically approved by the
Council.
1. PREP A YMENT OF MAXIMUM ANl\lJAL SPECIAL TAX
The following defmition applies to this Section I:
"Outstanding Bonds" means all previously issued Bonds which will remain oUlstanding
after the first interest and/or principal payment date following the current Fiscal Year,
excluding Bonds to be redeemed at a later date with the proceeds of prior prepayments of
Maximum Annual Special Taxes.
1. Payment in Full
The Maximum Annual Special Tax obligation may only be prepaid and
permanently satisfied by an Assessor's Parcel of Developed Property, Undeveloped
Property for which a building pennit has been issued, or Public Property. The
Maximum Annual Special Tax obligation applicable to such Assessor's Parcel may
be fully prepaid and the obligation of the Assessor's Parcel to pay the Maximum
Animal Special Tax permanently satisfied as described herein, provided that a
prepayment may be made only if there are no delinquent Special Taxes with respect
10 such Assessor's Parcel at the time of prepayment. An owner of an Assessor's
Parcel intending to prepay the Special Tax obligation shall provide the CFD
Administrator with wrinen notice of intent to prepay. Within 30 days of receipt of
such wrinen notice, the CFD Administrator shall notify such owner of the
prepayment amount of such Assessor's Parcel and may charge a reasonable fee for
providing this service. Prepayment must be made not less than 45 days prior lD the
next occurring date that notice of redemption of Bonds from the proceeds of such
prepayment may be given to the Trustee pursuant to the Indenture.
The Prepayment Amount (defined below) shall be caI~ulated as summarized below
(capitalized terms as defmed below):
Bond Redemption Amount
plus
plus
plus
less
less
Total: equals
Redemption Premium
Defeasance Amount
Administrative Fees and Expenses
Reserve Fund Credit
Capitalized Interest Credit
Prepayment Amount
~
As of the proposed date of prepayment, the Prepayment Amount (defined below)
shall be calculated as follows:
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Para~raph No.:
1. For Assessor's Parcels of Developed Property, compute the Maximum
Annual Special Tax for the Assessor's Parcel to be prepaid. For Assessor's
Parcels of Undeveloped Propeny to be prepaid, compute the Maximum
Annual Special Tax for that Assessor's Parcel as though it was already
designated as Developed Propeny, based upon the building permit which
has already been issued for that Assessor's Parcel. For Assessor's Parcels
of Public Propeny to be prepaid, compute the Maximum Annual Special
Tax for such Assessor's Parcel using the Maximum Special Tax for
Undeveloped Propeny.
2. Divide the Maximum Annual Special Tax computed pursuant to paragraph
I by the tOtal expected Special Tax revenues as shown in Table 2 in Section
E, excluding any Assessor's Parcels which have been prepaid.
3. Multiply the quotient computed pursuant to paragraph 2 by the Outstanding
Bonds to compute the amount of Outstanding Bonds to be retired and
prepaid (the "Bond Redemplion Amounz ").
4. Multiply the Bond Redemption Amount computed pursuant to paragraph 3
by the applicable redemption premium, if any, on the Outstanding Bonds
to be redeemed (the "Redemplion Premium").
5. Compute the amount needed to pay interest on the Bond Redemption
Amount from the first bond interest andJ or principal payment date
following the current Fiscal Year until the earliest redemption date for the
Outstanding Bonds.
6. Confirm that no Special Tax delinquencies apply to such Assessor's Parcel.
7. Determine the Special Taxes levied on the Assessor's Parcel in the current
Fiscal Year which have not yet been paid. .
8. Compute the amount the CFD AdministratOr expects to derive from the
reinvestment of the Prepayment Amount less the Administrative Fees and
Expenses from. the date of prepayment umilthe redemption date for the
Outstanding Bonds to be redeemed with the prepayment. ~
9. Add the amounts computed pursuant to paragraphs 5 and 7 and subtract the
amount computed pursuant to paragraph 8 (the "Defeasance Amounz").
10. Verify the administrative fees and expenses of CFD No. 97-03, including
the costs of computation of the prepayment, the costs to invest the
prepayment proceeds. the costs of redeeming Bonds, and the COStS of
7--/:1 K /~.2t7/ /7/-'
recording any notices to eviden::e the prepayment and the redemption Ithe
"Adminislrarive Fees and Expenses ").
] I. If reserve funds for the Outstanding Bonds, if any, are at or above 95 % of
the reserve requirement (as defined in the Indenture) on the prepayment
date, a reserve fund credit (the. Reserve Fund Credit") shall be calculated
as follows: (i) if the reserve funds are at or above ]00% of the reserve
requirement, the Reserve Fund Credit shall equal the actual reduction in the
reserve requirement, if any, as a result of the prepayment, or (ii) if the
reserve funds are at 95% or between 95% and 100% of the reserve
requirement, the amount cal::ulated pursuant 10 paragraph ]] (i) shall be
reduced by the percentage by which the reserve fund is below the reserve
requirement. No Reserve Fund Credit shall be granted if reserve funds are
below 95 % of the reserve requirement.
]2. If any capitalized interest for the Outstanding Bonds will not have been
expended at the time of the first interest and/or principal payment following
the current Fiscal Year, a capitalized interest credit shall be calculated by
multiplying the quotient computed pursuant 10 paragraph 2 by the expected
balance in the capitalized interest fund after such first interest and lor
principal payment (the .Capizalized IntereSI CrediI "J.
13. The Maximum Annual Special Tax prepayment is equal 10 the sum of the
amounts computed pursuant 10 paragraphs 3, 4, 9 and 10, less the amounts
computed pursuant to paragraphs]] and ]2 (the "Prepayment AmounI "J.
From the Prepayment Amount, the amounts computed pursuant to paragraphs 3,
4, 9, ] I and ]2 shall be deposited inlO the appropriate funds as established under
the Indenture. The amount computed pursuant to paragraph 10 shall be retained
by em No. 97-03.
As a result of the payment of the current Fiscal Year's Special Tax levy as
determined under paragraph 7 (above), the CFD Administrator shall remove the
current Fiscal Year's .Special Tax levy for such Assessor's Parcel from the County
tax rolls. With respect 10 any Assessor's Parcel that'is prepaid, the Council shall
cause a suitable notice 10 be recorded in compliance with the Act, 10 indicate the
prepayment of the Maximum Annual Special Taxes and the release of the
Maximum Annual Special Tax lien on such Assessor's Parcel, and the obligation
of such Assessor's Parcel 10 pay the Maximum Annual Special Tax shall cease~
Norwithstanding the foregoing, no Maximum Annual Special Tax prepayment shall
be allowed unless the amount of Maximum Annual Special Taxes that may be
le\'ied on Taxable Property within CFD No. 97-03 both prior 10 and after the
proposed prepayment is at least ].] times the maximum annual debt service on all
Outstanding Bonds.
City ()f c:hu1a_ l'ista
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Tenders of Bonds in prepayment of Maximum Annual Special Taxes mcY be
accepted upon the terms and conditions established by the Council pursuant to the
Act. However, the use of Bond tenders shall only be allowed on a case-by-case
basis as specifically approved by the Council.
2. Prepayment in Part
The Maximum Annual Special Tax on an Assessor's Parcel of Developed Propeny
or an Assessor's Parcel of Undeveloped Propeny for which a building permit has
been issued may be partially prepaid. The amount of the prepayment shall be
calculated as in Section 1. I; except that a panial prepayment shall be calculated
according to the following formula:
PP = PE X F.
Tnese terms have the following meaning:
PP = the partial prepayment
P- - the Prepayment Amount calculated according to Section 1.1
F = the percent by which the O\llner of the Assessor's Parcel(s) is partially
prepaying the Maximum Annual Special Tax.
Tne owner of an Assessor's Parcel who desires to partially prepay the Maximum
AIIllual Special Tax shall notify the CFD Adminisrrator of (i) such owner's intent
to partially prepay the Maximum Annual Special Tax, (ii) the percentage by which
the Maximum AIIllual Special Tax shall be prepaid, and (iii) the company or agency
that will be acting as the escrow agent, if applicable. The CFD Administrator shall
provide the owner with a statement of the amount required for the panial
prepayment of the Maximum Annual Special Tax for an Assessor's Parcel within
thirty (30) days of the request and =y charge a reasonable fee for providing this
service.
With respect to any Assessor's Parcel that is partially prepaid, the City shall (i)
disrribute the funds remined to it according to the Indenture, and (ii) indicate in the
records of CFD No. 97-03 that there has been a partial prepayment of the
Maximum Annual Special Tax and that a ponion of the Maximum Annual Special
Tax equal to the outstanding percentage (1.00 - F) of the remaining Maximum
Annual Special Tax shall continue to be authorized to be levied on such Assessor's
Parcel pursuant to Section D."
J, TERM OF MAXIMUM A.l\1'iLJ.U SPEC1.U TAX
The Maximum Annual Special Tax shall be levied commencing in Fiscal Year 1999-2000
to the extent necessary to meet the Special Tax Requirement for a period not to exceed
thirty-five years.
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EXHIBIT A
PLANNING AREA MAP
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PLANNING AREA MAP
EXHIBIT "A"
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List of Property Owners
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COUNCIL AGENDA STATEMENT
Item
Meeting Date ] /05/99
8"
ITEM TITLE:
Report Regarding the Development Impact Fee (DlF) and Park Acquisition
and Development (PAD) Fee Funds for the Fiscal Year Ended June 30,
]998
/93J~
Resolution No. Making Findings that the Unexpended Funds in the
Various DIF Funds are still needed to provide construction of facilities for
which the fees were collected
SUBMITTED BY:
Director of Finance ,;yO ^".../
Director of Public Works ltr
REVIEWED BY: City Manager G~n.y
'i,:fVI
(4/STHS Vote: Yes_NoXJ
State Govermnent Code Section 66000 requires local agencies assessing Development Impact Fees
("DIF") fees to make available specified financial data to the public each fiscal year. It also
requires that the local agency provide this information to the public for a minimum of fifteen days
prior to reviewing this information at a public meeting. This report has been available in the City
Clerk's office for public review since December 10, 1998. We have also chosen to include for
ease of reference and for the convenience of members of the public Parkland Acquisition and
Development (PAD) fees in this same report.
Local agencies are also required to make findings every five years for any DIF funds remaining
unexpended that identify the purpose for the fee and demonstrate a reasonable relationship
between the fee and the purpose for which it was charged. This year the City has elected to make
such findings for any funds remaining unexpended for five or more years. This report includes
the required financial information for the fiscal year ended June 30, 1998 and specifies the
findings of need for funds held for five years.
Copies of this report were sent to the Ayres Land Company, the Building Industry Association
of San Diego, the Eastlake Development Company, the McMillin Companies, the Gtay Ranch
Company and Pacific Bay Homes.
RECOMMENDATION:
That Council accept the report and approve the Resolution making findings that the unexpended
funds in the various DIF Funds are still needed to provide construction of facilities for which the
fees were collected.
S'"--j
Page 2, Item
Meeting Date 1/05/99
BOARDS/COMMISSIONS RECOMMENDATION: Not Applicable.
DISCUSSION:
The City of Chula Vista has several types of Development Impact Fees ("DlF") and Parkland
Acquisition and Development fees (PAD) which were assessed during the fiscal year ended June
30, 1998. The major categories of DIFs are for transportation, traffic signal, park, drainage,
sewer and public facilities. During FY98 one new DIF, the Poggi Canyon Sewer Basin DIF was
added. All existing fee levels remained at the same rate as the previous year with the exception
of the Telegraph Canyon Drainage DlF, with increased from $3,922 per acre to $4,579 per acre.
DEVELOPMENT IMPACT FEES IDIFI
TRANSPORTATION DEVELOPMENT IMPACT FEE - This fee was adopted by the City to
finance and coordinate the construction of new transportation facilities so that streets are built
when needed. This fee is applicable to all new development east of 1-805. Prior to the program,
streets were built by developers in a fragmented fashion with 6-lane facilities, necking down to
2-lanes and expanding back to 6 lanes again. In addition, there was a fairness issue since some
developers fronted on large streets and others did not. Now all developers in the Eastern portion
of Chula Vista pay the same fee per dwelling unit and either the City constructs the street or a
developer does, using the cost to offset the TransDIF fee at the building permit stage. The fee
for FY98 was $3,998 per equivalent dwelling unit (EDU). Detailed FY98 financial information
is presented on Attachment A - Schedule 1.
EASTLAKE PARK DEVELOPMENT IMPACT FEE - This fee was adopted by the City to
finance and coordinate the construction of park facilities in the EastLake area. During FY96, the
City and EastLake revised the original agreement. Under the revised agreement, the City has
loaned the principal and interest from this fund to EastLake at 3 % interest until July 1, 1999.
When the funds are repaid, they will be used to build a community center. Detailed FY98
financial information is presented on Attachment A - Schedule 2.
TRAFFIC SIGNAL FEE - This fee was adopted to provide for the projected traffic signal needs
for the City that result from increases in traffic volume caused by development. As funds are
accumulated they are expended on traffic signal projects that meet the warrants at the time the
funds are available. This is a city-wide fee with a FY98 rate of $13 per trip generated. Detailed
FY98 financial information is presented on Attachment A - Schedule 3.
TELEGRAPH CANYON DRAINAGE DIF - This fee is applicable to all new development
within the Telegraph Canyon Drainage Basin. During FY98 this fee was increased from $3,922
to $4,579 per acre and pays for the construction of the Telegraph Canyon channel between Paseo
Ladera and the EastLake Business Center and a portion of the channel west of 1-805. Detailed
FY98 financial information is presented on Attachment A - Schedule 4.
'i5~~
Page 3, Item
Meeting Date 1/05/99
INTERIM PRE-SR125 DEVELOPMENT IMPACT FEE - This fee was adopted by the City
to finance transportation facilities in the Eastern Territories that would be needed to provide
adequate and safe transportation facilities if there are delays in the construction of State Route
(SR) 125 by CALTRANS or others. The fee in FY98 was $820 per EDU. Detailed FY98
financial information is presented on Attachment A - Schedule 5.
TELEGRAPH CANYON GRAVITY SEWER DIF - This is a fee for the expansion of the trunk
sewer within the basin for tributary properties. The FY98 fee was $184 per EDU. Detailed
FY98 financial information is presented on Attachment A - Schedule 6.
TELEGRAPH CANYON PUMPED SEWER DIF - This fee is collected for the expansion of
the Telegraph Canyon trunk sewer to serve those properties outside of the basin. These flows are
pumped into the trunk line temporarily and it is anticipated they will ultimately drain to another
basin, either Poggi or Salt Creek, by gravity. If Telegraph Canyon basin becomes built out, there
may be no reserve capacity for the temporary pumped flows and a parallel system must be built.
At the time that the Poggi Canyon and lor Salt Creek Basin sewer facilities are completed, the
unused funds paid by developments in the basin will be returned to the current property owners.
The FY98 fee was $560 per EDU. Detailed FY98 financial information is presented on
Attachment A - Schedule 6.
SALT CREEK SEWER BASIN DEVELOPMENT IMPACT FEE - This fee was adopted to
provide the necessary financing to construct the Salt Creek Interceptor. This fee is applicable to
the Salt Creek Sewer Basin, that portion of the Upper Otay Lake Basin north of the Salt Creek
Sewer Basin, and that portion of the Lower Otay Lake Basin east of the Salt Creek Sewer Basin.
The fee in FY98 was $284 per EDU. Detailed FY98 financial information is presented on
Attachment A - Schedule 6.
POGGI CANYON SEWER BASIN DIF - This fee was adopted during FY98 to provide the
necessary financing to construct a trunk sewer in the Poggi Canyon Sewer Basin from a proposed
regional trunk sewer west of 1-805 along Olympic Parkway to the boundary of Eastlake. The fee
was established at $400 per single family dwelling. Detailed FY98 financial information is
presented on Attachment A - Schedule 6.
PUBLIC FACILITIES DIF - The Public Facilities DIF is a city-wide fee with several
components levied to fund that portion of public facilities projects attributable to new
development. Prior to July 1993, the separate fee components collected for the different public
facilities were placed in separate funds. Funds from one facility component fund could not be
used to finance projects of another facility component, regardless of the need for, or timing of the
various projects. Loans were made from other City funds for project components with insufficient
cash. Under the current ordinance, fees collected after July 1993 for the separate fee components
are consolidated in a single fund rather than in separate facility funds. Thus, the funds are
?r""";?
Page 4, Item
Meeting Date 1/05/99
available for whichever approved project is currently scheduled and inter-fund loans are
minimized. For FY98 the total fee for all components was $2,150 per EDU. Detailed FY98
financial information is presented on Attachment B - Schedules 1 and 2.
The components of the Public Facilities DIF with the associated fee are as follows:
ADMINISTRATION ($79) - Administration of the Public Facilities DlF program,
overseeing of expenditures and revenues collected, preparation of updates, calculation of
costs, etc. This fee is set at 4 % of the other Public Facilities DIFs charged.
CIVIC CENTER EXPANSION ($527) - Expansion of the Civic Center per the Civic
Center Master Plan prepared in 1989, to provide sufficient building space and parking for
the existing and anticipated staff and the public.
POLICE FACILITY ($235) - Accommodation of the building space needs per the Civic
Center Master Plan, which included upgrading of the communications center, construction
of a new crime lab, office improvements and installation of new communication consoles.
Also included is the purchase and installation of a new computer aided dispatch system
(CAD), a new Records Management System, and new Mobile Digital Terminals.
CORPORATION YARD RELOCATION ($515) - Relocation of the City's existing
corporation yard from the bayfront area to a site more centrally located and of a larger
size. The existing site is near capacity.
LIBRARIES ($544) - Improvements include construction of the South Chula Vista library
and Eastern Territories library(ies), and installation of a new automated library system.
FIRE SUPPRESSION SYSTEM ($141) - Projects include the relocation of Fire Station
#4 & #3, construction of a fire training tower and classroom, purchase of a brush rig,
expansion of Fire Station #1, installation of a radio communications tower and
construction of an interim and permanent Station #6.
GEOGRAPHIC INFORMATION SYSTEM ($49) - Purchase and installation of a GIS
system for mapping of various base maps and creation of geo-data files to aid in planning
and processing of land developments.
MAINFRAME COMPUTER ($23) - Purchase and installation of a new mainframe
computer and various enhancements to meet existing and future needs for additional
memory and storage space and enhanced processing speed.
TELEPHONE SYSTEM UPGRADE ($32) - Upgrading and expansion of the City's
existing telephone system to accommodate growth, including installation of new conduit,
wiring additional telephone lines, and a voice processing system.
~~tj
Page 5, Item
Meeting Date 1/05/99
RECORDS MANAGEMENT SYSTEM ($5) - Updating and modernization of the
existing records system to prepare the City for anticipated increases in transactions and
volumes of records.
PARKLAND ACOUlSITION AND DEVELOPMENT (PAm FEES
This in lieu fee was adopted by the City to acquire neighborhood and community parkland and
construct parks and recreational facilities. The FY98 fee was $4,375 per single family DU.
This fee may be subject to change as part of an update to the parks master plan. Detailed
FY98 financial information is presented on Attachment C.
FY98 FINANCIAL INFORMATION
Attachment A, Schedules 1 through 6 report the required financial information for all DIFs
other than public facilities. Attachment B, Schedules 1 and 2 report the required financial
information for the Public Facilities DIF and its components. Attachment C reports the
required financial information for the PAD fees. The schedules contain the following items:
The beginning balances as of July 1, 1997
The fees received during the fiscal year ended June 30, 1998
Other miscellaneous revenues received during the fiscal year ended June 30, 1998
The interest earned from investing the cash balances available in each fund during the
fiscal year ended June 30, 1998
The expenditures from each of the Funds during the fiscal year ended June 30, 1998
A description of each capital project with expenditures funded entirely or in part by
DlF/PAD in FY98 and the percentage of the project funded by this fee through FY98.
More detailed information on any project is available in the annual Capital
Improvement Project (CIP) Budget.
Information on any loans from DlF/PAD Funds outstanding as of June 30, 1998.
The ending balances as of June 30, 1998 for each of the DlF/PAD
Funds
The ending balances as of June 30, 1998 are in the process of being audited as part of the audit
of City-wide financial statements, and are therefore subject to adjustment.
2'<~
Page 6, Item
Meeting Date 1/05/99
FINDINGS REOUlRED FOR FUNDS IN POSSESSION OVER 5 YEARS
Government Code Section 6600 I (d) requires the local agency to make findings every five
years with respect to any portion of the DIF fees remaining unexpended to identify the purpose
for which it was charged. This year the City has elected to make such findings for any funds
remaining unexpended for five or more years. The following projects have fees which were
collected five or more years ago which remain unexpended and are listed to satisfy Section
66001(d) of the Government Code.
a. EastLake Park Development Impact Fee
The fees collected prior to FY93 plus the interest earned are still needed for park facilities.
Per Council approval and a request from the Eastlake Development Co. for their cash flow
needs, the funds are on loan to EastLake Development Company to be repaid July I, 1999.
b. Public Facilities DIF - Corporation Yard Relocation
The City has selected a site for the new corporation yard, located at SDG&E's former
service center off of Otay Valley Road. Escrow is anticipated to close in February, 1999.
The fees collected prior to FY93 are still needed for the intended purpose. The City has
hired a consultant to update the Corporation Yard Master Plan based on the new site.
Design, construction, and remodeling are expected to take place during FYOO.
No other DIF or PAD funds contain monies that have been on deposit for five or more years.
FISCAL IMPACT: With findings that identify the continued need for the unexpended and/or
committed or uncommitted fees, the City retains the DIF fees for the future projects. Without
findings that the unexpended funds are still needed for the projects, the City would be
obligated to refund the following funds plus interest accrued that have been held for five or
more years pursuant to State Government Code Section 66000: $702,205 in park funds and
$110,560 ofPFDIF - Corporation Yard funds. Since the City has loaned $800,000 of the park
funds to the developer, EastLake Development Company, money would have to come from
some other source to refund the $702,205 plus interest. The loss of the funds would
jeopardize the EastLake Park Agreement and the future EastLake community center. Without
the $110,560 plus interest in PFDIF - Corporation Yard funds, alternative funding sources
would likely need to be found for the corporation yard project, or the project would have to be
scaled back to meet the available funding level.
Attachment A - Schedules I through 6: FY98 Financial Information for all DIFs except
Public Facilities DIF
Attachment B - Schedules I and 2: FY98 Financial Information for Public Facilities DIF
Attachment C - FY98 Financial Information for PAD fees
'i5 ~?
RESOLUTION NO.
/9.1':23
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA MAKING FINDINGS THAT THE
UNEXPENDED FUNDS IN THE VARIOUS DIF FUNDS ARE
STILL NEEDED TO PROVIDE CONSTRUCTION OF
FACILITIES FOR WHICH THE FEES WERE COLLECTED
assessing
specified
WHEREAS, Government Code ~66000 requires local agencies
Development Impact Fees ("DIF") to make available
financial data to the public each fiscal year; and
WHEREAS, this information has been available in the City
Clerk's office for public review since December 10, 1998; and
WHEREAS, it also required that the local agency review
this information at a public meeting; and
WHEREAS, local agencies are also required to make
findings once each year for any funds remaining unexpended or
uncommitted for five or more years, which findings must identify
the purpose for the fee and demonstrate a reasonable relationship
between the fee and the purpose for which it was charged.
NOW, THEREFORE, BE IT RESOLVED the City Council of the
City of Chula Vista does hereby make findings that the unexpended
funds in the various DIF Funds are still needed to provide
construction of facilities for which the fees were collected for
the following projects:
EastLake Park Development Impact Fee
The fees collected prior to FY93 plus the interest earned
are still needed for park facilities. Per Council
direction, the funds are on loan to EastLake Development
Company to be repaid July 1, 1999.
Public Facilities DIF - Corporation Yard Relocation.
The City has selected a site for a new corporation yard
located at SDG&E's former service center off of Otay
Valley Road. The fees collected prior to FY93 are still
needed for the intended purpose. The City has hired a
consultant to update the Corporation Yard Master Plan
based on the new site. Design, construction, and
remodeling are expected to take place during FYOO.
No other DIF or PAD funds contain monies that have been
on deposit for five or more years.
BE IT FURTHER RESOLVED that the staff report and all
exhibits are hereby incorporated into the record of these
proceedings.
g~7
Presented by
Robert Powell, Director of
Finance
H:\home\lorraine\rs\findings.DIF
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Approved as to form by
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John M. Kaheny, City
Attorney
ATTACHMENT 1
ATTACHMENT A - SCHEDULE 1
DEVELOPMENT IMPACT FEES
FY 98 REVENUES AND EXPENDITURES BY FEE
Transportation Development Impact Fee(TDIF) - Fund 621
Description of Fee: To finance and coordinate construction of new transportation facilities.
Amount of the Fee:
$3,998 per single family equivalent dwelling unit detached
3,198 per single family equivalent dwelling unit attached
2,399 per multi-family equivalent dwelling unit
99,950 per commercial gross acre
79,960 per industrial gross acre
FY 98 Fund Balance Information
Fund 621
Transportation DIF
Beginning Balance as of 07/01/97
$
5,851,879
TDIF Fees Collected
Reimb from Developers
Transfer from Transportation Partnership Fund
Interest Earned
Expenditures
1,498,060
170,197
426,000
367,702
(1,802,885)
Unaudited Balance as of 06/30/98
$
6,510,953
FY 98 Expenditures:
FY 97-98 % of Project Funded
Project Project Description Expenditure by TDIF thru FY98
GG104 Geographic Information System $ 5,965 2.50%
OP114 93 Planning Dept Automation 3,250 4.57%
STM304 93 1-805, Tel Cyn Rd, Phase II 4,478 100.00%
STM305 94 H St Interchange Improv't, Phase II 214 100.00%
STM322 95 Otay Lakes Road Dual Left 1,178,723 100.00%
STM327 96 1-805 Interchanges 265,552 100.00%
STM331 98 E. Orange Extension 36,250 90.75%
TF248 97 Traffic Monitoring Prog 13,202 100.00%
TF253 98 Traffic Monitoring Prog 11,820 100.00%
Administration 283,431
Total Expenditures $ 1 ,802,885
12/1/98
g--f ~
ATTACHMENT 1
ATTACHMENT A - SCHEDULE 2
DEVELOPMENT IMPACT FEES
FY 98 REVENUES AND EXPENDITURES BY FEE
Eastlake Park Development Impact Fee(EL Park DIF) - Fund 621
ATTACHMENT 1
Description of Fee: To finance and coordinate construction of park facilities in the Eastlake area.
Amount of the Fee: No longer assessed
FY 98 Fund Balance Information
Fund 621
Eastlake Park DIF
Beginning Balance as of 07/01/97
$
17,586
EL Park Fees Collected
Interest Earned
Expenditures
1,053
Unaudited Balance as of 06/30/98
$
18,639
Loans:
Description of Loan
Loan Amount
Interest
Rate
Repayment
Date
Loan to Eastlake Development Corporation
Approved by Council Resolution #18244,
on March 26, 1996
800,000
3.00% July 1, 1999
$
11/16/98
g-----/ t?
ATTACHMENT 1
P,TT ACHMENT 1
ATTACHMENT A - SCHEDULE 3
DEVELOPMENT IMPACT FEES
FY 98 REVENUES AND EXPENDITURES BY FEE
Traffic Signal Fee - Funds 211 & 600-6005
Description of Fee: For City's traffic signal needs resulting from increased traffic volume caused
by new development
Amount of the Fee:
$13 per trip
FY 98 Fund Balance Information
Beginning Balance as of 07/01/97
Traffic Signal Fees
Federal grant
Interest Earned
Expenditures
Transfers in (Out)
Unaudited Balance as of 06/30/98
FY 98 Expenditures:
Project
Project Description
Fund 211 Fund 600-6005
Traffic Signal Traffic Signal
Fund CIP Fund Total
$ (154,016) $ 1,482,234 $ 1,328,218
292,261 292,261
192,263 192,263
63,124 63,124
(24,200) (753,142) (777,342)
(448,368) 448,368
$ (78,936) $ 1,177,460 $ 1,098,524
FY 97-98
Expenditure
% of Project Funded
from Traffic Signal
Fees thru FY 98
$
1.44%
9,60%
42.34%
9.58%
100.00%
100.00%
42.86%
3.00%
100.00%
100.00%
100.00%
100.00%
100.00%
100.00%
100.00%
100.00%
GG129
OP113
STL231
STM313
TF211
TF232
TF234
TF237
TF240
TF241
TF244
TF247
TF250
TF251
TF254
TF257
11/16/98
Records Management - City-wide
93 Engineering Dept Automation
97 Minor Enhancement -C, Cypress
94 Rancho Del Rey Commercial
91 Industrial & Anita
96 Main and Date Signal
97 ProtcVPermisve sig @3/J, 5/H, Hiltp/J
96 Traffic Signal System Upgrade
97 Traffic Signal System Upgrade Phase II
97 Traffic Signal Buena Vista & Tel Cyn
97 Traffic Improvements PepperTree Rd
97 Traffic Signal Ins Otay Lakes & Rutgers
98 Traffic Signal Upgrade Phase I
98 Emergency Veh Preemption (EVPE) Sys
98 Enhancements JHK 2000 Computers
98 Traffic Signal Broadway & Flower St
Administration
Total Expenditures
'is-- /j /
$
395
2,716
36,574
65,048
2,000
2,485
2,123
49,583
221,344
89,566
10,155
66,721
23,446
118,307
676
11,749
74,452
777,342
ATTACHMENT 1
ATTACHMENT 1
ATTACHMENT A - SCHEDULE 4
DEVELOPMENT IMPACT FEES
FY 98 REVENUES AND EXPENDITURES BY FEE
Telegraph Canyon Drainage DIF (TC Drainage DIF) - Fund 628
Description of Fee: For Construction of Telegraph Canyon channel between Paseo Ladera and
the Easllake Business Center and for a portion of the channel west of 1-805.
Amount of the Fee:
$ 4,579 per acre
FY 98 Fund Balance Information
Fund 628
TC Drainange DIF
Beginning Balance as of 07/01/97
$
1,226,190
DIF Fees Collected
Interest Earned
Expenditures
968,606
76,870
(68,701)
Unaudited Balance as of 06/30/98
$
2,202,965
FY 98 Expenditures:
Project
Project Description
FY 97-98
Expenditure
% of Project Funded
from TC Drainage
DIF thru FY98
DR118
DR119
95 Telegraph Canyon Channel Design
95 Rain Gauges
Administration
Total Expenditures
$
64,297
193
4,211
68,701
100.00%
36.21 %
$
11/16/98
g ~I J..
ATTACHMENT 1
ATTACHMENT 1
ATTACHMENT A - SCHEDULE 5
DEVELOPMENT IMPACT FEES
FY 98 REVENUES AND EXPENDITURES BY FEE
Interim SR125 DIF (SR125 DIF) - Fund 665
Description of Fee: For providing transportation facilities in the Eastern Territories if SR-125
construction is delayed
Amount of the Fee:
$ 820 per single family equivalent dwelling unit detached
$ 656 per single family equivalent dwelling unit attached
$ 492 per multi-family equivalent dwelling unit
$ 20,500 per commercial gross acre
$ 16,400 per industrial gross acre
FY 98 Fund Balance Information
Fund 665
SR125 DIF
Beginning Balance as of 07/01/97
$
2,070,808
DIF Fees Collected
Interest Earned
Expenditures
1,162,760
142,495
(400)
Unaudited Balance as of 06/30/98
$
3,375,663
FY 98 Expenditures:
Project
Project Description
FY 97-98
Expenditure
% of Project Funded
from SR125 DfF
thru FY98
Administration
Total Expenditures
$
400
400
100.00%
11/16/98
!5 ~/ ;J
ATTACHMENt 1
ATTACHMENT 1
ATTACHMENT A - SCHEDULE 6
DEVELOPMENT IMPACT FEES
FY 98 REVENUES AND EXPENDITURES BY FEE
Telegraph Canyon Gravity Sewer DIF (TC Gravity Sewer DIF) Fund 627
Telegraph Canyon Pumped Sewer DIF (TC Pumped Sewer DIF) Fund 629
Salt Creek Sewer Basin DIF (SC Sewer Basin DIF) - Fund 670
Poggi Canyon Sewer Basin DIF(PC Sewer Basin DIF) - Fund 667
Description of Fee:
Telegraph Canyon Gravity Sewer DIF: For the expansion of trunk sewer within the basin for
tributary properties.
Telegraph Canyon Pumped Sewer DIF: For expansion of the Telegraph Canyon trunk sewer
to serve properties outside of the basin
Salt Creek Sewer Basin DIF: For the construction of the Sail Creek Interceptor.
Poggi Canyon Sewer Basin DIF: For the construction of a trunk sewer in th Poggi Canyon Sewer
Basin from a proposed regional trunk sewer west of 1-805 along
Olympic Parkway to the boundary of Eastlake.
Amount of the Fee: Fund 627 Fund 629 Fund 667 Fund 670
TC Gravity TC Pumped PC Sewer SC Sewl/r
Sewer D1F Sewer DIF Basin DIF Basin DI~
per single family equivalent dwelling unit detached $ 184 $ 560 $ 400 $ 284
per single family equivalent dwelling unit attached 184 560 400 28~
per multi-family equivalent dwelling unit 138 420 300 216
per commercial gross acre (Fixture unit based) 184/edu 5,600 3,572 2,840
per industrial gross acre (Fixture unit based) 184/edu 5,600 3,572 2,840
FY 98 Fund Balance Information Fund 627 Fund 629 Fund 667 Fund 670
TC Gravity TC Pumped PC Sewer SC Sew~r
Sewer DIF Sewer DIF Basin DIF Basin DIF
Beginning Balance as of 07101/97 $ 99,564 130,068 108,1513
DIF Fees Collected 64,495 3,200 63,610
Interest Earned 7,118 7,167 10 4,694
Transfers In From Trunk Sewer Capital Resv Fund 1,756,440
Expenditures (946) (58il)
Unaudited Balance as of 06/30/98 $ 170,231 $ 137,235 $ 1,759,650 $ 175,88F:
,
12/1/98
[5/ p!
ATTACHMENT 1
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ATTACHMENT 1
ATTACHMENT 1
ATTACHMENT B - SCHEDULE 2
PUBLIC FACILITIES DIF (PFDIF) . DETAILED EXPENDITURES FY 97-98
Project
Description
FY 97-98
Expenditure
% of Proj Funded
from PFDIF thru F't~
Fund 850-8501- GENERAL ADMINISTRATION
OPl14 97 Planning Dept Automation
Transfer Out-Lease/Purchase D/S
Administration
Total PFDIF - Administration
3.456
13,670
158,326
175.452
34.13%
Fund 802, 820 & 850-8502 - CIVIC CENTER EXPANSION
Transfer Out - Adamo Notes payable Debt Service
40,345
Fund 850-8503 - POLICE FACILITIES REMODELING
Transfer Out - Calease (CAD) Debt Service
947,015
Fund 804 & 850-8504 - CORP YARD RELOCATION
GG158 98 Animal shelter Expansion
692,531
100.~0%
Fund 850-8505 - LIBRARIES
LB125 94 New Library - South Chula Vista
LB132 98 Library Facilities Master Plan
Total PFDIF - Libraries
472,099
47,160
519,259
31.$9%
100.iDO%
Fund 806 & 850-8506 - FIRE SUPPRESSION SYSTEM EXP
PS120 92 New Fire Station, East H
PS127 98 Fire Classroom
PS134 98 Brush Fire Rig Acquisition
PS147 97 Fire Facilities Master Plan
Transfer Out - General Fund Credits
Administration
Total PFDIF - Fire Suppression System Expansion
23,389
3,138
518
17,037
293,000
40,986
378,068
100.iDO%
41.iD6%
100.~0%
100.~0%
Fund 850-8507 - GEOGRAPHIC INFORMATION SYSTEM
GG104 94 Geographic Information System
Administration
Total PFDIF - Geographic Information System
8,693
2,963
11,655
36.40%
Fund 850-8509 - TELEPHONE SYSTEM
GG128 94 Phone System Upgrade
22,139
100.IDO%
Fund 850-8510 - RECORD MANAGEMENT
GG129 97 City-wide Records Management
15.498
36.39%
12/1/98
?~/'"
ATTACHMENT 1
~.TT ACHMENT 1
ATTACHMENT C
PARKLAND ACQUISITION AND DEVELOPMENT (PAD) FEES
FY 98 REVENUES AND EXPENDITURES
Parkland Acquisition and Development (PAD) Fees - Funds 420 & 600-6004
Description of Fee: In lieu fee for providing neighborhood and community park and recreational facilities
Amount of Fee:
$ 4,375 per single family dwelling unit detached.
3,810 per single family dwelling unit attached.
2,990 per multi-family dwelling unit
3,365 per duplex dwelling unit
2,230 per mobile home dwelling unit
2,030 per motel/hotel dwelling unit
FY 98 Fund Balance Information
Beginning Balance as of 07/01/97
Fund 420 Fund 600-6004
PAD Fund PAD CIP fund Total
$ 297,569 $ 1,523,495 $ 1,821,064
65,060 65,060
45,141 45,141
(78,000) 78,000
(1,172,806) (1,172,806)
329,770 428,689 758,459
Park Dedication Fees
Interest Eamed
Transfers In(Out)
Expenditures
Unaudited Balance as of 06/30/98
FY 98 Expenditures:
Project
Project Description
FY 97-98
Expenditures
% of Proj Funded
from PAD Fees
thru FY 98
PR136
PR155
PR162
PR163
PR166
PR168
PR169
PR177
PR178
PR183
PR185
PR189
PRZ05
PRZ08
PRZ11
PRZ14
PRZ18
PRZ20
PRZ21
11/16/98
94 Master Plan Study Eucalyptus Park
91 EL Rancho Del Rey Path Improvements
92 Parkway Complex Renovation Phase I
92 Parkway Complex Renovation Phase II
93 Rohr Park Improvements Phase II
93 Memorial Park Phase II
93 Greg Rogers Park Improvement
94 Gayle McCandliss Memorial Park II
94 Gayle McCandliss Memorial Grove Park II
93 Playground Renovation
93 Park Acquisition
94 SBA Tree Planting Grant
96 Outdoor Sports Court
96 Phase III Playground Renovation
American Legion Parking Lot Renovation
97 Restrooms-Otay, G. Rogers
97 Park Security Lighting
98 EI Rancho Del Rey Park
98 Equipment Upgrade in Various Parks
Total Expenditures
3,871
1,985
1,028
7,199
65
2,308
1,884
60
9,999
63,806
869,622
3,233
794
107,746
8,727
1,711
29,047
35,857
23,862
1,172,806
100.00%
100.00%
58.85%
0.00%
91.42%
71.86%
100.00%
100.00%
100.00%
100.00%
100.00%
14.66%
100.00%
100.00%
59.23%
100.00%
100.00%
58.74%
100.00%
i5~J?
ATTACHMENT 1
COUNCIL AGENDA STATEMENT
ITEM TITLE:
Item C;
Meeting Date 1/5/99
Resolution /93.24- Approving an Interim Desiltation and Grading
Agreement (Poggi Canyon) between the City and McMillin Otay Ranch,
LLC and authorizing the Mayor to execute said agreement.
SUBMITTED BY: Director of Public wor~
REVIEWED BY: City Manager~f,;:" (4/5ths Vote: Yes_NoX)
ke""'"
On June 9, 1998 by Resolution No. 19034, the City approved the Tentative Map for Chula Vista
Tract No. 98-04 for a portion of Village Five of the Otay Ranch McMillin SPA One. Tentative
Map conditions require that, prior to issuance of a grading permit for any land within the Poggi
Canyon Basin, the developer shall comply with certain conditions concerning the proposed
grading and removal of any siltation within the Poggi Canyon Basin. McMillin is currently
processing grading plans for land located within the Poggi Canyon basin and issuance of the
grading permit is anticipated shortly.
RECOMMENDATION: That Council approve the agreement and authorize the Mayor to sign
said agreement.
BOARDS/COMMISSIONS RECOMMENDATION: Not applicable.
DISCUSSION: McMillin is already grading those areas within their project draining to the
Telegraph Canyon Basin. McMillin is also processing grading plans (Grading Permit OR-217G)
for a portion of their project draining to Poggi Canyon Channel (see Exhibit A). The proposed
grading in OR-217G consists of interim earthwork required to accommodate the grading phasing
schedule of the developer. Said grading will neither build any lot to ult imate elevation nor grade
Olympic Parkway and the Poggi Canyon Channel. Ultimate grading of that area will be
accomplished by a future grading effort which will also grade Olympic Parkway and the Poggi
Canyon Channel. The proposed agreement satisfies Tentative Map Conditions Nos. 48, 60, and
62, as follows:
Tentative Map condition No. 48 requires developer to guarantee the construction, operation and
maintenance of certain permanent drainage facilities (detention/desilting basin and naturalized
channel) in the Poggi Canyon prior to approval of the first final "B" map or grading permit,
whichever occurs first, for any land draining into the Poggi Canyon. As mentioned above,
grading for the permanent Poggi Canyon Channel is not included in OR-217G. Said grading only
9---/
Page 2, Item
Meeting Date 1/5/99
proposes temporary private desilting facilities (see Exhibit A) to mitigate any additional
erosion/sedimentation generated by the interim grading. Consequently, in order to meet his
grading schedule while still being in compliance with the tentative map requirements, developer
has requested the City 1) that full compliance with Condition 48 be required prior to issuance of
the grading permit proposing the construction of the permanent facilities or prior to approval of
the first final "B" map for any parcel located within the Poggi Canyon Basin, and 2) to enter into
an agreement, prior to issuance of grading permit OR-207G, addressing the operation and
maintenance of the temporary desilting basins and removal of silt from said basins and the Poggi
Canyon natural channel.
The proposed agreement requires developer to maintain the desilting basins proposed in OR-217G
until they are replaced by permanent facilities. The developer has already provided a cash deposit
in the amount of $22,500 to guarantee, in the event the developer fails to perform, the operation
and maintenance of said temporary facilities (including removal of siltation). In addition, the
proposed agreement requires McMillin to provide for removal of siltation, attributable to the
development, in the existing natural Poggi Canyon extending from Brandywine to SR-125. The
developer has already provided a bond in the amount of $18,000 and a cash deposit of $18,000
to guarantee said activities in the event the developer fails to perform. The cash deposit may be
used to cover any immediate removal of siltation until the City can collect on the bond. Staff
anticipates that ultimate Poggi Canyon improvements will be constructed within the next two
years. An agreement for the Financing and Construction of Olympic Parkway (which includes
the Poggi Canyon channel) is planned for Council consideration during January 1999. The
security amounts are based on sedimentation rates and costs experienced with similar projects.
The proposed agreement also stipulates that the developer is responsible for I) providing for any
difference between the actual cost incurred by the City and the amount of the security, 2)
replenishing the cash deposits within 30 days of City's request, and 3) ensuring that at no time will
developer leave a gap in providing the required security for its outstanding obligations.
Tentative Map Condition No. 60 requires the submittal, prior to approval of a grading permit for
any land draining to Poggi Canyon, of I) a study demonstrating that grading of the project will
generate enough fill to construct Olympic Parkway and Poggi Canyon Channel, 2) a grading study
of the emergency storage of the proposed sewer pump station at the northeastern quadrant of the
intersection of Olympic Parkway and La Media Road, and 3) a phasing plan for the proposed
grading. The agreement requires Developer to comply with items I) and 3) prior to issuance of
grading permit number OR-217G. However, they have requested (see Exhibit B) that compliance
with item 2 regarding the grading study for the sewer pump station be required prior to issuance
of the future permit for grading Olympic Parkway and Poggi Canyon Channel (which will also
grade said area) or prior to approval of the first final "B" map for any parcel within the Poggi
Canyon Basin. Staff considers this a reasonable request and recommends Council approval.
9-J-
Page 3, Item
Meeting Date 1/5/99
Tentative Map Condition No. 62 requires the Developer to enter into an agreement, prior to issuance
of a grading permit for land located within the Poggi Canyon Basin, to make available to the City
or any other developer pioneering the construction of Olympic Parkway and the Poggi Canyon
Channel, any stockpile of fill material identified for constructing said facilities. Developer has
identified, on OR-2l7G, a stockpile offill material for that purpose. Said material will be deposited
in an area owned by McMillin, located south of Poggi Canyon (see Exhibit A). In the proposed
agreement developer agrees to make available, free of any charge or compensation, said stockpiled
material to the City, its contractor, or any other developer pioneering the construction of Olympic
Parkway and/or the Poggi Canyon Channel.
The agreement also provides that the City may withhold building permits for the project if the
developer is not compliance with the terms of the agreement. Staff has reviewed the proposed
agreement and considers that it provides adequate protection to the City while meeting the
developer's grading needs. The agreement has been executed by the developer and approved as
to form by the City Attorney.
FISCAL IMPACT: None. All costs associated with the construction of the proposed desilting
facilities will be paid for by the developer. The developer will be also responsible for maintaining
the proposed improvements and the natural channel until permanent facilities are constructed.
Exhibit A - Plat showing proposed grading and desilting basins.
B - LeUer from McMillin
H :\HOME\ENGINEER\AGENDA \0R217G .LDT
File: 0600-80-0R217G
December 16, 1998
9~3
RESOLUTION NO. /9 J.:< h
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING AN INTERIM DESILTATION
AND GRADING AGREEMENT (POGGI CANYON) BETWEEN
THE CITY AND McMILLIN OTAY RANCH, LLC AND
AUTHORIZING THE MAYOR TO EXECUTE SAID
AGREEMENT
WHEREAS, on June 9, 1998 by Resolution No. 19034, the
City approved Tentative Map for Chula vista Tract No. 98-04 for a
portion of Village Five of the Otay Ranch McMillin SPA One; and
WHEREAS, Tentative Map conditions require that, prior to
issuance of a grading permit for any land within the Poggi Canyon
Basin, the developer shall comply with certain conditions
concerning the proposed grading and removal of any siltation
within the Poggi Canyon Basin; and
WHEREAS, McMillin is currently processing grading plans
for land located within the Poggi Canyon basin and issuance of the
grading permit is anticipated shortly.
NOW, THEREFORE, BE IT RESOLVED the City Council of the
city of Chula vista does hereby approve an Interim Desiltation and
Grading Agreement (Poggi Canyon) between the City and McMillin Otay
Ranch, LLC, a copy of which shall be kept on file in the office of
the city Clerk.
BE IT FURTHER RESOLVED that the Mayor 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
tf; ~1)1'\ L .
JO~Kaheny,~torney
John P. Lippitt, Director of
Public Works
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McMILLIN OT A Y RANCH
SPA I, PHASE 2 GRADING
NO SCALE
J-1312GL DEe I, 1998
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\1r. Cliff Swanson
City Engineer
CITY OF CHULA VISTA
276 Founh Avenue
Chula Vista. CA 91910
RE: Mc:\Iillin Otay Ranch
SPA I, Phase 2 Grading
Dear Mr. Swanson,
The McMillin Otay Ranch SPA I. Phase 2 grading plans constitute a portion of the area
delineated on C.V.T. 97-02 and C.V.T. 98-04. The McMillin Otay Ranch SPA I, Phase 3
grading plans will encompass the fills within Poggi Canyon for Olympic Pad:way Phase 1.
Conditions of approval numbered 60 and 61 address grading for an emergency storage
reservoir for a proposed sewer pump station located near the intersection of La Media Road
and Olympic Parkway. The Phase 2 grading plans do not propose grading in the vicinity of
the proposed pump station. The final grading for that location will be shown on the Phase 3
grading plans, which will be a pan of the Olympic Parkway Phase I construction.
For the foregoing reasons, we respectfully request that the imposition of the conditions
relating to the future pump station be deferred until the review and approval of the Phase 3
grading plans. Weare hopeful that the proposed design and construction for Olympic
Parkway Phase I, which includes construction of the Poggi Canyon Sewer Trunk line will
eliminate the need for the proposed sewer pump station entirely.
If you have any particular questions or require additional information, please contact me
directly.
Robe A. Pletcher
Vice-President
Cc: Lombardo de Trinidad, City ofChula Vista
John Goddard, Rick Engineering
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Idalal'n .A" lCh"\OlaYn1C".~" sta,ion IITadin~d"""~d~D I ..\\. M-"illin"~c~o--e~a1
~l.ealry MCMtlll?trrroPngage ~MCMmm Lan eve opment McMillin Homes un ...... .u
CORPORATE OFFICE 2727 HOOVER AVENUE NATIONAL CITY CA 9195C TEL (619\ 477-4117 FAX l6191336-3112 www.mcmlllin,c:om
Recording Requested by:
CITY CLERK
When Recorded, Mail to:
CITY OF CHULA VISTA
276 Fourth Avenue
Chula Vista, CA 91910
INTERIM DESILTATION AND GRADING AGREEMENT (Poggi Canyon)
(Conditions 48, 60 and 62 of Resolution 19034)
This Agreement is made by and between McMillin Otay
Ranch, LLC, ("Developer"), and the City of Chula Vista, a
California municipal corporation ("city"), with reference to
the following facts:
RECITALS
A. McMillin Otay Ranch, LLC is the Master Developer of
approximately 83.27 acres ("Project") of that certain real
property, as described on Exhibit "A", and shown on Exhibit
"A-1" located within a portion of what is commonly known as
Village One and Village Five of the Otay Ranch planned
community.
B. On October 28, 1993, the Chula Vista City Council,
pursuant to Resolution No.17298, and in accordance with the
California Environmental Quality Act ("CEQA") (Pub. Resources
Code Section 21000 et seq.), certified the Final Program
Environmental Impact Report for the GDP, SCH #9010154
("Program EIR 90-01", or "Program EIR"), made certain Findings
of Fact, adopted a Mitigation Monitoring and Reporting
Program, and adopted a Statement of Overriding Considerations.
C. On June 4, 1996, the City approved the Otay Ranch
Sectional Planning Area Plan, including the Otay Ranch Public
Facilities Financing Plan for Villages One and Five by
Resolution Number 18304, relying on the Otay Ranch SPA One
Plan Final Second Tier Environmental Impact Report 95-01 and
the first Addendum.
D. On June 3, 1997, City approved the Third Addendum to
the Final Second Tier Environmental Impact Report (FEIR 95-01)
for the Otay Ranch Sectional Planning Area SPA One and an
amendment (PCM 97-20) to the Otay Ranch Sectional Planning
Area SPA One by Resolution No. 18685.
E. On June 9, 1998, the City approved a Tentative Map,
1
9-?
Tract 98-04 (Herein referred to as the "Project's Tentative
Map"), for a portion of Village Five by Resolution Number
19034.
F. Condition number 48 of the Project's Tentative Map,
as more particularly set forth on Exhibit "B", requires the
Developer to guarantee the construction of an adequate
temporary desiltation basin and guarantee the operation and
maintenance of any interim basin that may be approved by the
City Engineer.
G. Condition number 60 of the Project's Tentative Map,
as more particularly set forth on Exhibit "B", requires the
Developer to submit a study and phasing of the grading
proposed within the Poggi Canyon Basin.
H. Condition number 62 of the Project's Tentative Map,
as more particularly set forth on Exhibit "B", requires the
Developer enter into an agreement, prior to issuance of a
grading permit for land located within the Project, to make
available to the City or any other developer pioneering the
construction of Olympic Parkway and the Poggi Canyon Channel,
any stockpile of fill material identified for constructing
said facilities.
I. Developer owns the property described in Exhibit "A",
which drains into Poggi Canyon.
J. Developer has proposed that certain temporary
desiltation basins, as shown on Chula Vista Drawings Nos. 98-
707 through 98-715 are adequate to meet the desiltation
requirements to the grading proposed for the Project on Chula
Vista Drawings No. 98-707 thru 98-715.
NOW THEREFORE IT BE RESOLVED that the Parties agree as
follows:
Defined Terms. As used herein, the following terms shall
mean.
1.1 "Complete Construction" shall mean that construction
of the improvements have been completed and have been
inspected and accepted by the city.
1.2 "Final 'B' Map" shall mean any final subdivision map
for all or any portion of the Property other than the
Superblock Final Maps commonly referred to by City as an "A"
Map.
1.3 "Maintain" or " "Maintenance" shall mean to furnish,
or the furnishing of, services and materials for the ordinary
and usual maintenance required for the operation of any
2
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Desiltation Basin or similar type of improvement or as set
forth in a City approved maintenance program.
1.4 "proj ect" shall mean the portion of the Property
within Villages One and Five which drains into Poggi Canyon,
as depicted in Exhibit A.
1.5 "Existing Natural Poggi Canyon" shall mean the
natural flow line of the channel in Poggi Canyon from
Brandywine to SR-125.
2. Condition No. 48 - Temporary Desiltation Basins. In
partial satisfaction of Condition No. 48 of Resolution 19034,
Developer understands and agrees that Developer shall be
required to comply with the provisions of Condition 48 of the
Project's Tentative Map regarding construction, maintenance,
and desiltation of the permanent naturalized channel and
permanent detention/desilting basin in the Poggi Canyon, prior
to approval of the first final "B" map or any subsequent
grading permit for the Project, whichever occurs first.
However, in partial satisfaction of Condition No. 48 of the
Property's Tentative Map, with respect to the provisions of
adequate temporary desiltation facilities for the grading work
proposed on Chula Vista Drawing Nos. 98-707 through 98-715,
Developer agrees to the following:
2. a. Construction. Developer agrees to construct
private temporary runoff desiltation basins ("Temporary
Desiltation Basins") as shown on Chula Vista Drawings Nos. 98-
707 through 98-715, as approved by the City Engineer, to
control the quality of runoff from the Project into Poggi
Canyon for the grading work proposed on Chula Vista Drawings
Nos. 98-707 through 98-715. The Temporary Desiltation Basins
shall comply with all the provisions of the National Pollutant
Discharge Elimination System and the Clean Water Program.
Developer understands and agrees that Developer is responsible
for obtaining all necessary permits, approvals and
certifications, if any, from the applicable federal or state
agencies, including but not limited to California Department
of Fish and Game and/or the u.S. Army Corps of Engineers.
2.b. Maintenance. Developer shall operate and maintain
including the removal of siltation, the Temporary Desiltation
Basin to the satisfaction of the city Engineer until such time
as the construction of the permanent naturalized channel and
permanent detention/desilting basin in the Poggi Canyon, as
required by Condition 48 of Project's Tentative Map, have been
completed and accepted by the city. Developer understands and
agrees that Developer shall be solely responsible for the
maintenance and operation of the Temporary Desiltation Basins
and any liability resulting therefrom.
3
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2. c. Securities. Developer shall provide the City with
maintenance securities, in accordance with paragraph 4 below,
to guarantee Developer's Maintenance obligations hereunder.
3. Condition 48 siltation Removal. In partial
satisfaction of Condition No. 48 of Resolution 19034,
Developer agrees to remove siltation attributable to the
Project from the existing natural Poggi Canyon including any
additional work as required by the city Engineer or an
environmental agency to restore the channel to its natural
state, until such time as the construction of the permanent
naturalized channel and permanent detention/desilting basin in
the Poggi Canyon have been completed and accepted by the City.
Developer understands and agrees that the City Engineer shall
be solely responsible for determining if any siltation is
attributable to the Project.
3.a. Securities. McMillin Otay Ranch, LLC shall provide
the City with improvement securities, in accordance with
paragraph 4 below, to guarantee Developer' siltation removal
obligations hereunder.
4. Security for Performance.
4.1 Cash Deposit. Concurrent with the execution of this
agreement, Developer shall provide the City with a cash
deposit to guarantee Developer's Maintenance obligations under
section 2 of this Agreement and Developer's Siltation Removal
obligations under Section 3 ("Cash Deposit") in the sums set
forth in Exhibit "Co. City shall hold the Security Deposit
for the duration of Developer's maintenance obligations
hereunder, and expend such deposit solely for purposes in the
performance of such obligations including siltation removal.
In the event of Developer's default in the performance of its
Maintenance and/or Siltation Removal obligations, Developer
agrees to pay to the City any difference between the total
costs incurred by the city to perform such maintenance and
desiltation work, and any proceeds from the Cash Deposit.
Should the City expend the Cash Deposit due to
Developer's default of its performance obligations, Developer
agrees to redeposit the equivalent sum of money needed to
equal the amount required by this Agreement, as set forth in
Exhibit "CO, within 30 days of the city's request for such
deposit. All interest earnings on the Cash Deposit shall be
retained by the City during this period. Any unexpended
amount of the deposit, including any interest earned, shall be
released and remitted to Developer upon the termination of its
Maintenance obligations as set forth in this Agreement.
4.2 Bonds. Concurrent with the execution of this
Agreement, Developer shall provide the City with bonds for a
4
9--/0
series of one year terms starting from the date of issuance of
the grading permit in connection with Chula vista Drawing Nos.
98-707 through 98-715, in order to guarantee its Siltation
Removal obligations under Section 3 of this agreement in the
amounts more fully set forth in Exhibit "C". The Maintenance
Bond(s) shall be issued by a surety with a Bests A-V rating or
better and shall be in a form approved by the City Attorney.
The City Engineer will review the security provided herein
every year prior to expiration thereof. The City acknowledges
that bonds are issued for a one year period, however, it shall
be the responsibility of Developer to ensure that at all
times while Developer has outstanding obligations under this
Agreement, security as required herein will be valid and in
full force and effect. Developer understand and agrees that
the City shall not issue building permits for the Project if
the bonds or Cash Deposit have not been delivered or approved
as sufficient by the City or said bonds have not been renewed.
At the bond renewal time, the city Engineer may reduce
the bond requirement by an incremental amount determined by
the City Engineer to reflect a reduction in Developer's
maintenance obligations. In addition, Developer may request
that another form of equivalent security, such as a letter of
credit or cash, acceptable to the city in its sole discretion,
be substituted for the bonds described herein. Developer
acknowledges and agrees that such reduction and substitution
is in the sole discretion of the City.
4.3 Refund. In the event that the annual Maintenance
costs are reduced, the city Engineer may review at Developer's
request to reduce, proportionately, the amount of the Cash
Deposit and/or Maintenance Bond required by this section.
city shall not unreasonably withhold approval of such request
provided however that Developer's Obligations are adequately
secured as determined by the City Engineer in his sole
discretion.
5. Condition No. 60 - Grading Phasing Study. In satisfaction
of Condition No. 60 of Resolution 19034, Developer shall:
1) prior to approval of the first grading permit for the
Project, submit and obtain the City Engineer's approval
of a grading study demonstrating that the grading
depicted in the tentative map will generate the necessary
fill to construct those portions of Olympic Parkway and
the Poggi Canyon Channel located within the subdivision
boundaries, including the most recent design information
for those facilities of CIP Project No. STM 331,
including the findings and recommendations, if available.
Said grading study shall identify the proposed location
for stockpiling of fill material;
5
9-'/1
2) prior to the approval of any subsequent grading permit
for the project, Developer shall submit a grading study
of the area required for the emergency storage reservoir
of the proposed sewer pump station;
3) prior to approval of the first grading permit for the
Project, Developer shall submit and obtain the approval
of the City Engineer of a phasing program identifying the
extent of the interim grading which would provide (1)
adequate setbacks from the existing Poggi Canyon natural
channel that may be required by the appropriate resources
agencies and (2) adequate setbacks from the proposed
alignments of Olympic Parkway and Poggi Canyon Channel
required to accommodate the ultimate improvements for
said facilities.
6. Condition 62 - Olympic Parkway Stockpile. Developer has
identified, on Chula Vista Drawings No 98-711, a stockpile of
fill material reserved for constructing Olympic Parkway and
the Poggi Canyon Channel. said fill material has been
deposited in an area owned by Developer south of Poggi Canyon
and described in Exhibit "D" and as shown on Exhibit "D-1".
Developer acknowledges and agrees that said stockpiled
material may be needed to construct Olympic Parkway.
Developer agrees to make available, free of any charge or
compensation, said stockpiled material upon demand to the
City, its agents, or any other developer pioneering the
construction of Olympic Parkway and/or the Poggi Canyon
Channel.
7. Building Permits. Developer acknowledges and agrees that
the performance of Developer's obligations hereunder ~s
required for the health and safety of the residents of the
City of Chula vista. Therefore, the Developer agrees that the
City shall have the absolute and unfettered right to withhold
the issuance of any building permit for any residential units
within the Project if the Developer is determined by the City
not to be in compliance with the terms of this Agreement. If
Developer is determined by the City not to be in compliance
with any term of this Agreement, the city shall notify
Developer of Developer's noncompliance and provide the
Developer with 30 days to cure said noncompliance.
8. Indemnification. Developer further understands and agrees
that city, as indemnity, or any office or employee thereof,
shall not be liable for any injury to person or property
occasioned by reason of the acts or omissions of Developer,
its agents or employees, or indemnity, related to the
construction of the Desiltation Basin and the Temporary
Facility and Developer's maintenance activities. Developer
further agrees to protect and hold the City, its officers and
employees, harmless from any and all claims, demands, causes
6
9//~
of action, liability or loss of any sort, because of or
arising out of acts or omissions of Developer, its agents or
employees, or indemnity, related to the construction of the
Temporary Desiltation Basins and Developer's Maintenance
and/or Siltation Removal activities. The approved improvement
securities referred to above shall not cover the provisions of
this paragraph. Such indemnification and agreement to hold
harmless shall extend to damages to adjacent or downstream
properties or the taking of property from owners of such
adjacent or downstream properties as a result of Developer's
construction and maintenance activities 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 modification
of the point of discharge as the result of the construction of
the Temporary Desiltation Facility and Maintenance and/or
Siltation Removal activities. The approval of plans for the
Temporary Desiltation Basins and any 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 Temporary Desiltation Basins and any related improvements.
The provisions of this Agreement 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
Temporary Desiltation Basins.
9. Miscellaneous Provisions.
9.1 Entire Aqreement. 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 and any and all
other prior or contemporaneous oral or written agreements are
hereby superseded. This Agreement may be amended, but only
pursuant to a written amendment properly authorized and
executed by both parties hereto.
9.2 Compliance with Laws. In the performance of its
obligations under this agreement Developer shall comply with
any and all applicable federal, state and local laws,
regulations, policies, permits and approvals.
9.3 Recitals and Exhibits. All Recitals and attached
Exhibits referred to herein are hereby incorporated herein by
this reference.
9.4 Term. This agreement shall remain in effect for so
long as either party has executory obligations hereunder.
9.5 Recordinq. The parties hereto shall cause this
Agreement to be recorded in the Official Records of the County
7
9~J3
of San Diego.
9.6 Assiqnment. The obligations of the Developer under
this Agreement shall not be assigned in whole or in part,
without the express written consent of the City.
9.7 Authoritv of Siqnatories. 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 it to enter into this agreement.
9.8 Termination. Upon the termination of this Agreement
pursuant to applicable provisions hereof, at the request of
Developer or any successor in interest who owns any portion of
the Project encumbered by this Agreement, the City shall
execute an instrument in recordable form which evidences the
termination of this Agreement and confirms the release of the
Project from the encumbrance of this Agreement.
[NEXT PAGE IS SIGNATURE PAGE]
8
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SIGNATURE PAGE TO
INTERIM DESILTATION AND GRADING AGREEMENT (POGGI CANYON)
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
McMILLIN OTAY RANCH, LLC
By:
Mayor
[Na e]
Attest:
Vl/.(.~
[Title]
City Clerk
Approved as to Form:
~5jn cUv( .
Jo . Kaheny ~
City Attorney
9
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STATE OF CALIFORNIA
COUNTY OF San Diego
}
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On
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personally appeared
, before me. Dawn B. Mendoza, Notary Public
Craig T. Fukuyama and Robert A. Pletcher
, personally known to me
.IIUHWI'It1II'MJltjUtll.lmI'J/i/t4I1fI$.~$~ItI/lHiMHt#! to be the person(s) whose name(s) ~~re
subscribed to the within instrument and acknowledged to me that UHHlthey executed the saime
in MWb'l1l1!their authorized capacity(ies), and that by "'l:Ifl/il/llltheir signature(s) on the instrumentthe
person(s) or the entity upon behalf of which the person(s) acted, executed the instrument.
WITNESS my hand and official seal.
Signature ~ Ml d) !Jill -~Jv
f~~_.r"D~~MfNOO~
~. COMM.# 1125049 'Vi
~ .. NOTARY P\JBLlC..cAUfORNIA ::E
. SAN DIEGO. C.... ! ....
~~:~~
,
;Thls area tor offiCIal notanal seal)
Title of Document
Date of Document
I Other signatures not acknowledged
No. of Pages
C)-it
3008 f1 /~) (General)
First Amencan Title Insuran~e Company
List of Exhibits
Exhibit A
Exhibit A-I
Exhibit B
Exhibit C
Exhibit D
Exhibit D-l
10
9~/7
Legal Description
Project Plat
Partial Conditions
Approving Tentative Map
Security Requirements
Legal Description of
Offsite Stockpile
Stockpile Plat
J-13126L
EXHIBIT "A"
A parcel of land being that portion of Chula Vista Tract No. 97-02 per Map No. 13605, !
and that portion of Parcel 2 of Certificate of Compliance recorded September 12, 1997
as Document No. 1997-0443746 all in the City of Chula Vista, County of San Diego,
State of California described as follows:
Beginning at the Southeasterly corner of Lot 9 as shown on said map being a point on
the Easterly line thereof; thence along the Easterly line of said map and the Southerly
prolongation thereof South 1 JD52'24" East 1 024.00 feet to the Southeasterly corner
of said Parcel 2; thence along the Southerly line of said Parcel 2 the following courses:
South 52021 '27" West 611.39 feet to the beginning of a tangent 3500.00 foot radius
curve concave Southeasterly; thence Southwesterly along the arc of said curve
through a central angle of 04043'02" a distance of 288.16 feet; thence South
47038'25" West 581.33 feet to the beginning of a tangent 2500.00 foot radius curve
concave Northwesterly; thence Southwesterly along the arc of said curve through a
central angle of 14014' 56" a distance of 621.73 feet; thence South 61 053' 21 " West
647.77 feet to the Southwesterly corner of said Parcel 2; thence along the Westerly
line thereof North 1JD51'24" West 453.55 feet; thence leaving said line North
61012'47" East 75.99 feet; thence North 21006' 21" East 91.26 feet; thence North
19000'05" West 91.26 feet; thence North 42013'23" West 27.29 feet; thence North
14019'56" East 80.00 feet; thence North 13045'56" West 26.64 feet; thence North
32038'12" West 52.00 feet to the beginning of a non-tangent 50.00 foot radius curve
concave Southwesterly, to which a radial line bears South 75040'04" East; thence
Northwesterly along the arc of said curve through a central angle of 82027' 43" a
distance of 71.96 feet; thence North 14019'56" East 75.43 feet; thence North
75040'04" West 47.72 feet; thence North 08032'56" East 83.84 feet; thence North
46034'37" West 1 0.00 feet to the beginning of a non-tangent 37.00 foot radius curve
concave Southwesterly, to which a radial line bears South 46034'37" East; thence
Northwesterly along the arc of said curve through a central angle of 137021'40" a
distance of 88.70 feet; thence North OJD22'17" East 155.77 feet; thence North
12046'04" West 198.99 feet; thence North 64037'40" West 63.47 feet; thence
North 38019'06" East 1 0.24 feet; thence North 72058'36" East 118.67 feet; thence
North 1 r01 '24" West 255.75 feet to the beginning of a tangent 2064.00 foot radius
curve concave Northeasterly; thence Northerly along the arc of said curve through a
central angle of 13016'50" a distance of 478.41 feet to the beginning of a non-
tangent 2068.00 foot radius curve concave Easterly to which a radial line bears South
85015 '09" West; thence Northerly along the arc of said curve through a central angle
of 06017'51" a distance of 227.30 feet to the beginning of a non-tangent 2068.00
foot radius curve concave Easterly to which a radial line bears North 8JD26'25" West;
thence Northerly along the arc of said curve through a central angle of 06022'34" a
1-/r
distance of 230.13 feet; thence South 81003'51" East 136.00 feet to the beginning
of a non-tangent 1 932.00 foot radius curve concave Easterly, to which a radial line
bears North 81003'51" West; thence Southerly along the arc of said curve through a
central angle of 06022'34" a distance of 215.00 feet to the beginning of a non-
tangent 1936.00 foot radius curve concave Easterly to which a radial line bears North
86022'01" West; thence Southerly along the arc of said curve through a central angle
of 06017'49" a distance of 212.78 feet to the beginning of a non-tangent 1936.00
foot radius curve concave Easterly to which a radial line bears South 86015' 26" West;
thence Southerly along the arc of said curve through a central angle of 04053'38" a
distance of 165.36 feet; thence North 81021'48" East 184.30 feet; thence South
86010'22" East 84.01 feet; thence North 77004'25" East 75.78 feet; thence North
83046'21" East 51.12 feet; thence North 86011'56" East 39.24 feet; thence North
88034'33" East 94.12 feet; thence North 87"48'57" East 159.31 feet; thence North
10042'51" East 356.30 feet; thence South 79017'09" East 58.00 feet; thence South
10042'51" West 392.46 feet; thence South 78056'39" East 416.51 feet; thence
South 80042'51" East 363.68 feet; thence North 1 0055'16" East 490.20 feet to the
beginning of a tangent 970.00 foot radius curve concave Northwesterly; thence
Northerly along the arc of said curve through a central angle of 00012'25" a distance
of 3.50 feet; thence North 10042'51" East 71.12 feet to a point on the Southerly
boundary line of said map; thence along said boundary line North 34017'09" West
28.28 feet; thence North 79017'09" West 50.58 feet; thence leaving said line North
10042'51" East 156.00 feet to a point on the Southerly line of said Lot 9; thence
along said Southerly line the following courses: South 79017'09" East 51.58 feet;
thence North 55042'51" East 28.28 feet; thence South 79017'09" East 58.00 feet;
thence South 34017'09" East 28.28 feet; thence South 79017'09" East 231.87 feet
to the beginning of a tangent 643.00 foot radius curve concave Southwesterly; thence
Southeasterly along the arc of said curve through a central angle of 10027'10" a
distance of 117.31 feet to the Point of Beginning.
Containing 83.27 acres more or less.
jbl131261.003
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Robert G. Schoettmer L.S. 4324
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CERTlRCATE OF COMPUANCE
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DATE.
13126L
NOVEMBER 4, 1998
EXHIBIT" A-I"
McMILLIN OTA Y RANCH:
Poggi Canyon Basin Nort/7
'} 1/)CITYOFCHULA VISTA, CALIFORNIA
.~ ..zv C. V. T. 97-02
RICK ENGINEERING COMPANY
CIVIL ENGINEERS. SURVEYORS. PLANNERS
5620 FRIARS ROAD. SAN DIEGO
CA. 92110-2596 PHONE: (619) 291-0707
PROJECT NUMBER.
"''''_'"2~~DOOO'I>.'''
~.'~':":'~~'~~'-'
EXHIBIT B
Partial Conditions Of Approval For Chula Vista Tract 98-04
Mcmillin Otay Ranch Spa One, Phase Two
Conditions No. 48, 60 and 62
48. Prior to approval of: the first final "B" Map or grading permit whichever occurs first for land
draining into the Poggi Canyon, the developer shall:
a. Guarantee the construction of a runoff detention/desilting basin and naturalized
channel in Poggi Canyon unless otherwise approved by the City Engineer. The
Developer may construct these facilities at a later time if approved by the City
Engineer and if the developer provides private temporary runoff detention basins or
other facilities, approved by the City Engineer, which would reduce the peak runoff
from the development to an amount equal to less than the present I OO-year peak flow.
Said temporary facilities shall comply with all the provisions of the National
Pollutant Discharge Elimination System (NPDES) and the Clean Water Program.
Prior to issuance of any grading permit which approves any temporary facility, the
developer shall enter into an agreement with the City to guarantee the adequate
operation and maintenance (O&M) of said facility. The developer shall provide
security satisfactory to the City to guarantee the O&M activities, in the event said
facilities are not maintained to City standards as determined by the City Engineer.
I. Runoff detention/desilting basin and naturalized channel in Poggi Canyon;
The Developer may agree to construct these facilities at a later time if approved by
the City Engineer and if the developer provides private temporary runoff detention
basins or other facilities, approved by the City Engineer, which would reduce the
peak runoff from the development to an amount equal to less than the present 100-
year peak flow. Said temporary facilities shall comply with all the provisions of the
National Pollutant Discharge Elimination System (NPDES) and the Clean Water
Program. Prior to issuance of any grading permit which approves any temporary
facility, the developer shall enter into an agreement with the City to guarantee the
adequate operation and maintenance (O&M) of said facility. The developer shall
provide security satisfactory to the City to guarantee the O&M activities, in the event
said facilities are not maintained to City standards as determined by the City
Engineer.
The developer shall be responsible for obtaining all permits and agreements with the
environmental regulatory agencies required to perform this work.
I
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b. Prepare a maintenance program including a schedule, estimate of cost, operations
manual and a financing mechanism for the maintenance of the facilities. Said
program shall be subject to approval of the City Engineer, the Director of Parks and
Recreation, and the applicable environmental agencies.
c. Enter into an agreement with the City of Chula Vista and the applicable
environmental agencies (Fish and Game, Fish and Wildlife) wherein the parties agree
to implement the maintenance program.
d. Enter into an agreement with the City where the developer agrees to the following:
I. Provide for the maintenance of the proposed naturalized channel and
detention basin in Poggi Canyon until such time as maintenance of such
facilities is assumed by the City or an open space district.
2. Provide for the removal of siltation in the Poggi Canyon Channel and
detention basin for a period of five years after all upstream grading of the area
contained within the tentative map is completed and erosion protection
planting is adequately established as determined by the City Engineer and
Director of Parks and Recreation.
3. Provide for the removal of any siltation in the Poggi Canyon Channel and
detention basin attributable to the development for a minimum period of five
years after maintenance of such facility is accepted by the City or an Open
Space District.
60. Prior to approval of the fust grading permit for any land contained within the tentative map,
the developer shall submit and obtain the approval of the City Engineer of the following:
1. A grading study demonstrating that the grading depicted in the tentative map will generate
the necessary fill to construct those portions of Olympic Parkway and the Poggi Canyon
Channel located within the subdivision boundaries. This study shall incorporate the most
recent design information for those facilities, including the fmdings and recommendations,
if available, ofC1P project No. STM 331, Olympic Parkway from Oleander Avenue to SR-
125. Said grading study shall identifY the proposed location for stockpiling offill material.
2. A grading study of the area required for the emergency storage reservoir of the proposed
sewer pump station.
3. A phasing program identifYing the extent of the interim grading which would provide (1)
adequate setbacks from the existing Poggi Canyon natural channel that may be required by
the appropriate resources agencies and (2) adequate setbacks from the proposed alignments
of Olympic Parkway and Poggi Canyon Channel required to accommodate the ultimate
2
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improvements for said facilities.
62. Prior to approval of any grading permit for any land contained within the tentative map, the
developer shall accomplish the following:
1. Identify on the applicable grading plans the quantity and the proposed location for
stockpiling of material reserved for constructing Olympic Parkway and Poggi Canyon
Channel. In the event it is proposed to stockpile material over areas where the ultimate
improvements for Olympic Parkway and Poggi Canyon Channel will be located, the
developer shall be responsible for performing any remedial work (i.e., removal, compacting,
etc.) of the native soils recommended by the soils engineer, prior to placement of such
stockpiled material.
2. Enter into an agreement with the City where the developer agrees to make available to the
City or any developer pioneering the construction of Olympic Parkway and the Poggi Canyon
Channel within the subdivision, the fill material identified for constructing said facilities.
In the event the material is deposited on a land owned by other property owner, the developer
shall be responsible for ensuring that said party is among the signatories to the agreement.
H:\HOMEIENGINEERILANDDEV\OT A YRNCH\EXHPOGGI.LEC
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9-.2;3
EXHIBIT "C"
SECURITY REQUIREMENTS
INTERIM DESILTATION AND GRADING AGREEMENT (pOGGI CANYON)
1. TEMPORARY DESILTATION BASINS (Paragraph 2 of the agreement)
· Cash Deposit
Cash deposit in the amount of
$22,500 to be submitted concurrent
with the execution of this agreement.
2. SILTATION REMOVAL (Paragraph 3 of the agreement)
· Cash Deposit
Cash deposit in the amount of
$18,000 to be submitted concurrent
with the execution of this agreement.
· Maintenance Bonds
Bond (series of one year terms) in
the amount of $18,000 to be
submitted concurrent with the
execution of this agreement.
12/16/98
C:\POGGI 2.WPD
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C;/;2(
J-13126L
EXHIBIT "0"
~
A parcel of land being Parcel 3 per City of Chula Vista Certificate of Compliance,
Document No.1 997-0443746 recorded September 12, 1997, in the County of San
Diego, State of California.
Containing 97.92 acres more or less.
&?~~ //-4-M
Robert G. Schoettmer L.S. 4324
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13126l
EXHIBIT liD - \"
McMILLIN OTA Y RANCH
Poggi Canyon Basin South
CITY OF CHULA VISTA, CALIFORNIA
C. V. T. 97-02
RICK ENGINEERING COMPANY
CIVIL ENGINEERS, SURVEYORS. PLANNERS
5620 FRIARS ROAD, SAN DIEGO
CA. 92110-2596 PHONE: (619) 291-0707 9 :2?
PROJECT NUMBER,
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NOVEMBER 4 1ClClB
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COUNCIL AGENDA STATEMENT
Item /0
Meeting Date 1/5/99
ITEM TITLE:
Public Hearing on amending the Interim Pre-SR125 Development Impact
Fee to revise the areas located in the "Eastern Territories" which are
assessed
SUBMITTED BY:
Ordinance .2? 70Amending Ordinance 2579 of the City of Chula
Vista, which established an Interim Pre-SR125 Development Impact Fee to
pay for transportation facilities in the City's Eastern Area, in order to
remove Eastlake Trails, Eastlake Business Park II, Bonita Meadows and
Salt Creek Ranch from the list of areas excluded from paying the fee
Director of Public.Work~f
o It..
City Manager k'" i) i"
(4/5 Vote: Yes_No-.XJ
REVIEWED BY:
Currently, the Interim Pre-SR125 Development Impact Fee Ordinance 2579, Section 2(e) defines
the "Eastern Territories" assessed for this fee and restricts the collection of this DIF for Eastlake
Trails, Bonita Meadows and phases of Salt Creek Ranch exceeding 1,043 Equivalent Dwelling
Units (EDUs). The DIF area boundaries were designed to meet the development in this region
of the City. The ordinance needs to be revised due to changes in anticipated development not
included in the May 1993 feasibility study.
RECOMMENDATION: That Council hold the public hearing and place the ordinance removing
Eastlake Trails, Eastlake Business Park II, Bonita Meadows and Salt Creek Ranch from the list
of areas excluded from paying the DIF on its first reading.
BOARDS/COMMISSIONS RECOMMENDATION: N/A
DISCUSSION:
In January 1994, Council established, by Ordinance No. 2579 (Attachment A), the Interim Pre-
SR125 Development Impact Fee (DIF) based on a financial and engineering study dated May
1993, prepared by Howard Needles Tanrmen & Bergendoff (available for review in Engineering).
The purpose of this fee is to help fund the transportation facilities provided in Ordinance 2579,
Section 3(a) to relieve traffic congestion prior to construction of SR-125.
The study and ordinance assumed that 22,831 Equivalent Dwelling Units (ED Us) would be
constructed within the area of benefit prior to construction of SR-125 (with 20,871 EDUs not yet
161-(
Page 2, Item
Meeting Date 115/99
permitted as of January 1994). Based on the information on developers' schedules and the
construction schedule for SR-125 available when the study was prepared, certain developments
were excluded from the study and from payment of the Pre-SRI25 DIF. It was assumed that thes e
developments would be constructed after SR-125 and would therefore not require the interim
facilities. These developments are listed in Ordinance 2579, Section 2(a), as follows:
Eastlake Trails
Eastlake Vistas
Eastlake Woods
Eastlake Business Park II
Bonita Meadows
Phases of Salt Creek Ranch exceeding 1043 Equivalent Dwelling Units
Phases of San Miguel Ranch exceeding 1350 Equivalent Dwelling Units
At this time, more accurate construction dates are available. It is estimated that SR-125 will be
completed in 2005. Therefore, limitations on payment of the DIF should be removed from
developments which may, based on more recent information, be completed prior to that date. The
tota122,831 EDU's which will pay the fee will not be changed. The only change being made is
to add to the list of developments eligible to pay if development occurs within those developments.
The projects which remain on the exclusion list are not expected to be developed prior to 2005
and, therefore, it is appropriate to continue the exclusion.
Salt Creek Ranch
Per Resolution 16834 dated October 6, 1993 (Attachment B), Council approved the Salt Creek
Ranch Tentative Map with a total of 2,609 residential lots. One of the Conditions of Approval
was a limitation of Phase I to 1137 dwelling units. The Salt Creek Ranch Public Facilities
Financing Plan (March 1992) included construction of SR-125 as a prerequisite for construction
of Phases II and III of Salt Creek Ranch. On Table 8-2 of th e Interim SR125 Facility Feasibility
Study dated May 1993 (Attachment C), only 1007 additional single family dwellings and 60
multiple family dwellings (1043 EDUs) were included in the trip analysis because it was
anticipated that this would be the maximum number of EDUs to be developed in the Salt Creek
Ranch area prior to construction of SR-125.
Based on a strong economy and aggressive sales, the Salt Creek Ranch project is developing at
a faster pace than originally estimated. Other projects, such as Sunbow, have moved at a slower
pace of development.
Eastlake Trails
Eastlake Trails was not included in the Feasibility Study, since it was assumed that this area woul d
not be developed until sometime after FY 2009/10. However, staff now anticipates that
development of the Trails will start in FY1999/2000. Therefore, since development of Eastlake
I tf - ..2..
Page 3, Item
Meeting Date 1/5/99
Trials is occurring much faster than anticipated, including Eastlake Trails in the DIF area is
appropriate. Based on the site utilization plan provided in the Eastlake Trails SPA Public
Facilities Finance Plan, prepared by Willdan Associates and adopted November 24, 1998, a total
of 1,143 EDUs is estimated to be developed in the Trails.
Eastlake Business Park II
While current plans by the developer do not necessarily propose to develop the second phase of
the business park within the 2005 time frame, the goal of the City to retain and facilitate early
development of industrial property. Therefore, it is appropriate to remove this future development
from the list of projects excluded from the paying the Interim SR-125 DIF.
Bonita Meadows
This development was also excluded from the feasibility study. Bonita Meadows is expected to
begin the Environmental Impact Report process soon, and the Tentative Map is expected to be
submitted for approval in the fall of 1999. The developers are expecting to get planning
entitlements within the next couple of years.
Conclusion
Staff proposes to revise Section 2( e) of Ordinance 2579 to delete references to Eastlake Trails,
Eastlake Business Park II, Bonita Meadows, and Salt Creek Ranch.
FISCAL IMPACT:
The maximum revenue anticipated in the ordinance for the SR-125 DIF was $ 17,114,000, based
on 20,871 EDUs and a fee of $820 per EDU. By eliminating the limitation of 1,043 EDUs
imposed on Salt Creek Ranch, and requiring Eastlake Trails and Bonita Meadows to pay the DIF ,
a maximum of $2,428,676 could be collected from these developments. This amount would be
included in the total revenue of $17,114,000.
Attachments S)
A. Ordinance No.2579, adopted January 4, 1994 ..#
B. Resolution No. 16834, adopted October 6, 1992 &'
C. Table 8-2, Interim State Route 125 Facility Feasibility Study, May 1993 ~"3
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H:\HOME\ENGlNEER\AGENDA\SR125.EMC 0730-95 HX-0l3
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ORDINANCE NO. J. 77tl
AN ORDINANCE OF THE CITY OF CHULA VISTA
AMENDING ORDINANCE 2579 OF THE CITY OF CHULA
VISTA WHICH ESTABLISHED AN INTERIM PRE-SR125
DEVELOPMENT IMPACT FEE TO PAY FOR
TRANSPORTATION FACILITIES IN THE CITY'S
EASTERN AREA, IN ORDER TO REMOVE EASTLAKE
TRAILS, EASTLAKE BUSINESS PARK II, BONITA
MEADOWS AND SALT CREEK RANCH FROM THE LIST
OF AREAS EXCLUDED FROM PAYING THE FEE
The City Council of the City of Chula Vista does hereby ordain as follows:
SECTION I: That Section 2(e) of Ordinance No. 2579 is hereby amended to
read as follows:
SECTION 2: Definitions.
For the purposes of this ordinance, the following words or phrases shall be
construed as defined in this Section, unless from the context it appears that a
different meaning is intended.
(a) "Building Permit" means a permit required by and issued pursuant to the
Uniform Building Code as adopted by reference by this City.
(b) "Developer" means the owner or developer of a development.
(c) "Development Permit" means any discretionary permit, entitlement or
approval for a development project issued under any zoning or
subdivision ordinance of the City.
(d) "Development Project" or "Development" means any activity described
in Section 65927 and 65928 of the State Government Code.
(e) "Eastern Territories" means that area of the City located between
Interstate 805 on the west, the City sphere of influence boundary on the
east, Bonita Road on the north, and the alignment of the proposed
extension of East Orange Avenue on the south, as shown on the Chula
Vista General Plan. The property known as Bonita Gateway located at
the northeast quadrant of Bonita Road and 1-805 intersection is also
included. For the purposes of this fee, Eastern Territories shall be
1
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further restricted to exclude the following projects:
Eastlake Trails \_--
Eastlake Vistas
Eastlake Woods
Eastlake Bustness-Park n "
Bonita Meadow3
Pna3e3 of Salt Creek RaRen el<eeeaiR!; 1013
EqHi':alcRt Dv;eUiR!; URit3
Phases of San Miguel Ranch exceeding 1350
Equivalent Dwelling Units
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(~ "Financial and engineering study": means the "Interim State Route 125
Facility Feasibility Study" dated May, 1993, and on file in the Office of
the City Clerk.
SECTION II: This ordinance shall take effect and be lU full force on the
thirtieth day from and after its adoption.
Presented by
Approved as to form by
"~ ~(~
(1flftl _JI'I1 '
John ff. Kaheny, City orney
John P. Lippitt, Director of
Public Works
H: \home \Iorraine \or\ord2570.amd
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ORDINANCE NO. 2579
AN ORDINANCE OF THE CITY OF CHULA VISTA, CALIFORNIA,
. ESTABLISHING AN INTERIM PRE-SRI25 DEVELOPMENT IMPACT FEE
TO PAY FOR TRANSPORTATION FACILITIES IN THE CITY'S
EASTERN TERRITORIES
WHEREAS, the City's General Plan Land Use and Circulation Element~ require
that adequate, safe transportation facilities be available to accommo~ate the
increased traffic created by new development; and,
WHEREAS, the Ci ty Counci 1 has determi ned that potential delays in the
construction of State Route (SR) 125 by CALTRANS or others will adverseliY impact
the City's ability to accommodate said increased traffic; and,
WHEREAS, the City Council has determined that new development within the
Eastern Territories will create adverse impacts on the City's transportation
system which must be mitigated by the financing and construction of' certain
transportation facilities identified in this Ordinance; and,
WHEREAS, the Ci ty Counci 1 has determi ned that a reasonable 11Jeans of
financing the transportation facilities is to levy a fee on all development in
the Eastern Territories of the City; and,
WHEREAS, the fee has been justified by the financial and engineering study
entitled "Interim State Route 125 Facil ity Feasibil ity Study" dated May 1993, and
prepared by Howard Needles Tammen & Bergendoff.
WHEREAS, the financial and engineering study and the City's General Plan
show that the transportation network will be adversely impacted by new
development within the Eastern Territories unless new transportation facilities
are added to accommodate the new development; and,
WHEREAS, the financial and engineering study and the City's General Plan
establish that the transportation facilities necessitated by developmemt in the
Eastern Territories comprises an integrated network; and,
WHEREAS, developers of land within the Eastern Territories should be
required to mitigate the burden created by development through the con~truction
of transportati on faci 1 i ti es withi n the boundari es of the development, the
construction of those transportation facilities outside the boundaries of the
development which are needed to provide service to the development in aqcordance
with City standards, and the payment of a fee to finance the development's
portion of the total cost of the transportation network: and,
WHEREAS, all development within the Eastern Territories contribute to the
cumulative burden on the transportation network in direct relationship to the
amount of traffic originated by or destined for the development: and,
/
Ordinance No. 2579
- Page 2
WHEREAS, the amount of traffic generated has been determined based upon
average daily trips for various land areas based upon studies conducted by SANDAG
(commercial trips being modified to eliminate passerby trips) and verified by the
financial and engineering study prepared for the purposes of this fee; and,
WHEREAS, the SANDAG traffic generation determinations have been used by
numerous public agencies in San Diego County for various purposes, including the
preparation of General Plan Circulation Elements, the justification of traffic
impact fees, and transportation planning, and have been determined to be a
reliable and accepted means of allocating the burden on a transportation network
to development to be serviced by the network; and,
WHEREAS, on July 27, 1993, the City Council held a duly noticed meeting at
which oral or written presentations could be made; and,
WHEREAS, the City Council determined based upon the evidence presented at
the meeting, the City's General Plan and the various reports and other
information received by the City Council in the course of its business that
imposition of the Interim pre-SR-125 impact fee on all development in the Eastern
Territories for which building permits have not yet been issued is necessary in
order to protect the public safety and welfare and in order to ensure effective
implementation of the City's General Plan; and,
WHEREAS, the City Council has determined that the amount of the fee levied
_~,~. this Ordinance does not exceed the estimated cost of providing the
-. __ransportation facilities.
NDW, THEREFORE, the City Council of the City of Chula Vista does ordain as
follows:
SECTION 1: Establishment of Fee.
-
(a) An interim pre-SR-125 development impact fee in the amounts
set forth in subsection (d) is hereby established to pay for
transportation improvements and facilities within the Eastern
Territories of the City. The fee shall be paid before the
issuance of building permits for each development project
within the Eastern Territories of the City. The fees shall be
expended only for the purposes set forth in this ordinance.
The Director of Financ~ is authorized to establish various
accounts within the fund for the various improvements and
facilities identified in this ordinance and to periodically
make expenditures from the fund for the purposes set forth
herein in accordance with the facilities phasing plan or
capital- improvement plan adopted by the City Council. The
City Council finds that collection of the fees established by
this ordinance at the time of the building permit is necessary
to ensure that funds will be available for the construction of
facilities concurrent with the need for those facilities and
to ensure certainty in the capital facilities budgeting for
the Eastern Territories.
;~
Ordinance No. 2579
Page 3
(b) Said fee shall be in effect commencing January 1, 1995.
(c) The fee established by this section is in additio~ to the
requirements imposed by other City laws, policies or
regulations relating to the construction or the financing of
the constructi on of pub 1 i c improvements wi thi n subdi vi s ions or
developments.
(d) The fee for each development shall be calculated at the time
of building permit application based upon the following
schedule:
Development Tvpe
Single Family
Detached Dwelling
Single Family
Attached Dwelling
Multi-Family
Dwell ing
Commerci a 1
Industri a 1
Transportation Fee
$820/Dwelling Unit
$656/Dwelling Unit
$492/Dwelling Unit
$20,500/Gross Acre
$16,400/Gross Acre
The City Council shall annually review the amount of the fee.
The City Council may adjust the amount of the fee as n~cessary
to refl ect changes in the Engi neeri ng-News Record Constructi on
Index, the type, size, location or cost of the Transpprtation
Facilities to be financed by the fee, changes in land use
designations in the City's General Plan, and upon other sound
engineering, financing and planning information. Adjustments
to the above fee may be made by resolution amending the Master
Fee Schedule.
(e) The fees collected shall be used by the City for the following
purposes as determined by the City Council:
1. To pay for the construction of facilities by the City,
or to reimburse the City for facilities instaJled by the
City with funds from other sources.
To reimburse developers who have been required by
Section 4(a) of this ordinance to install improvements
that are street facilities and are listed in Section 3.
2.
3. To reimburse developers who have been permi tied to
install improvements pursuant to Section 4(b) of this
ordinance.
4. To administer and update the fee program incl uding
retai ni ng consul tants to perform engi neeri ng of
financing studies.
~
3
Ordinance No. 2579
Page 4
SECTION 2: Definitions.
For the purposes of this ordinance, the following words or phrases
shall be construed as defined in this Section, unless from the
context it appears that a different meaning is intended.
(a) "Building Pennit" means a pennit required by and issued
pursuant to the Unifonn Building Code as adopted by reference
by this City.
(b) "Developer" means the owner or developer of a development.
(c) "Deve 1 opment Penni t" means any di screti onary penni t,
entitlement or approval for a development project issued under
any zoning or subdivision ordinance of the City.
(d) "Development Project" or "Development" means any activity
described in Section 65927 and 65928 of the State Government
Code.
SECTION 3: Transportation Facilities to be Financed by the Fee.
(a) The transportation facilities to be financed by the fee
established by this ordinance are:
if
Ur-UlrldrIL~ r~u. t:.:J/'j
Page 5
Segment Sweetwater Road (Bonit. Ro.d to SR-:Z5)
1
Segment Bonita Road (Sweetwater Road To San Miguel Road)
2
Segment San Miguel Road (Bonit. Ro.d to Proctor V.lley Ro.d)
3
Segment Proctor Valley Road (San Mi guel Road to SR-125 corridor)
4
Segment SR-125 Corridor (The SR-125 corridor is the right-of-way reserved thnough
5 Eastl.ke and Salt Creek I)
(b) The City Council may modify or amend the list of projects in
order to maintain compliance with the Circulation Element of
the City's General Plan.
SECTION 4: Developer Construction of Transportation Facilities.
(a) Whenever a developer of a development project would be
required by application of City law or policy, as a condition
of approval of a development permit to construct or finance
the construction of a portion of a transportation facility
identified in Section 3 of this ordinance, the City Council
may impose an additi onal requi rement that the deve10pment
i nsta 11 the improvements with supp 1 ementa 1 si ze, 1 ength or
capacity in order to ensure efficient and timely construction
of the transportation facilities network. If such a
requirement is imposed, the City Council shall, in its
discretion, enter into a reimbursement agreement with the
developer, or give a credit against the fee otherwise levied
by this ordinance on the development project.
(b) A developer may request authorization from the City Council to
construct one or more of the facilities listed in Section 3.
The request shall be made in writing to the City Council and
shall contain the following informational conditions:
1. Detailed description of the project with a preliminary
cost estimate.
2. Requirements of developer:
preparation of plans and specifications for
approval by the City;
secure and dedicate any right-of-way required for
the proj ect;
secure a 11 requi red permi ts, envi ronmenta 1
-
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Ordinance No. 2579
Page 6
clearances necessary for construction of the
proj ect;
provision of performance bonds;
payment of all City fees and costs.
3. The City will not be responsible for any of the costs of
constructing the project. The developer shall advance
all necessary funds to construct the project.
SECTION 5: This ordinance shall take effect and be in full force on the
thirtieth day from and after its adoption.
Presented by
~fi-~/
JO~ Lippitt (I ~
Di ector of Public Works
Approved as to f~ by
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Bruce M. Boogaard
City Attorney
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Page 7
P~.SSED, APPROVED and ADOPTED by the City Council of the City of Chula
Vista, California, this 4th day of January, 1994, by the following vote:
AYES:
Councilmembers:
Fox, Horton, Moore, Rindone, Nader
NOES:
ABSENT:
Councilmembers:
None
Counci 1 members:
None
ABSTAIN:
Councilmembers:
None
-C /l~/~.
Tim Nader, Mayor
ATTEST:
STATE OF CALIFORNIA )
COUNTY OF SAN DIEGO) ss.
CITY OF CHULA VISTA )
I, Beverly A. Authelet, City Clerk of the City of Chula Vista, California, do
hereby certify that the foregoing Ordinance No. 2579 had its first reading on
December 7, 1993, and its second reading and adoption at a regular meeting of
said City Council held on the 4th day of January, 1994.
Executed this 4th day of January, 1994.
() aJitU
Authelet, City Clerk
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/7T77lM~r/3
RESOLUTION NO. 16~34
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA
VISTA APPROVING THE TENTATIVE SUBDIVISION MAP FOR SALT
CREEK RANCH, CHULA VISTA TRACT 92-02 AND MAKING THE
NECESSARY FINDINGS, RECERTIFYING SUPPLEMENTAL
ENVIRONMENTAL IMPACT REPORT SEIR 91-03 (SCH 189092721)
AND READOPTING THE STATEMENT OF OVERRIDING
CONSIDERATIONS AND THE MITIGATION MONITORING PROGRAM FOR
THE SEI R
WHEREAS, the property which is the subject matter of this resolution is
identified and described on Chula Vista Tract 92-02, and is commonly Known as
Salt CreeK Ranch (.Property.); and, '
WHEREAS, the Baldwin Company filed a duly verified application for the
subdivision of the Property in the form of the tentative subdivision map Known
as Salt Creek Ranch, Chula Vista Tract 92-02, with the Planning Department of the
City of Chula Vista on June IS, 1992 ('Project'); and,
WHEREAS, said application requested the approval for the subdivision of
approximately 1197.4 acres located on both sides of Proctor Valley Road, east of
the easterly terminus of East H Street, into 2,609 residential lots, open space
areas, two school lots, two parks and two community purpose facility lots; and,
WHEREAS, the development of the Property has been the subject matter ;of a
General Development Plan ('GDplI) previously approved by the City Council on
September 25, 1990 by Resolution No. 15875 ('GDP Resolution") wherein the City
Council, in the environmental evaluation of said GDP, relied in part on the Salt
Creek Ranch, General Development Plan, Environmental Impact Report No. 89-03, SCH
. No. 89092721 ('Program EIR 89-03"), a program environmental impact report as same
is defined in CEQA Guideline Section 15168; and,
WHEREAS, the development of the Property has been the subject matter of a
Section Planning Area Plan ('SPA Plan") previously approved by the City Council
on March 24, 1992 by Resolution No. 16554 ("SPA Plan Resolution") wherein the
City Council, in the environmental evaluation of said SPA Plan, relied in part
on the 'Salt Creek Ranch, Sectional Planning Area (SPA) Plan Final Supplemental
Environmental Impact Report No. 91-03", SCH No. 89092721 ("SEIR 91-03"); and,
WHEREAS, this Project is a subsequent activity in the program of
deve 1 opment envi ronmenta lly evaluated under Program EIR 89-03 and SEIR 91-03 ,that
is virtually identical in all relevant respects, including lot size, lot numbers,
lot configurations, transportation corridors, etc., to the project descriptions
in said former environmental evaluations; and,
WHEREAS, the City Environmental Review Coordinator has reviewed the
proposed Tentative Map and determined that is in substantial conformance with the
SPA Plan, therefore no new environmental documents are necessary;
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Resolution lio. 16834
Page 2
~H~~~~S, the ?ianr.in~ Cornrr.ission held an advertised public hearing on said
project on September 23, 1992 and recertified SEIR 91-03, voted to recoamend that
the City Council approve the Tentative Map in accordance with the findings and
conditions listed below and readopted the Statement of Overriding Considerations
and the fo!itigation HonitoringProgram; and,
WH~?:;5, the City Council set the time and place for a hearing on said
tentative subdivision ~~p application and notice of said hearing, together with
its purpose, was given by its publication a newspaper of general circulation in
the City and its ~~iling to property owners within 1,000 feet of the exterior
boundaries of the property at least ten days prior to the hearing; and,
WH~?EAS, the hearing was held at the time and place as advertised, namely
4:00 p.m., October 6, 1992, in the Council Chambers, 276 Fourth Avenue, before
the City Council and said hearing was thereafter closed.
NOW THEREFORE, THE CITY COUNCIL finds, determines and resolves as follows:
SECTION 1. CEQA Finding re Previously Examined Effects.
The City Council hereby finds that the Project, as a later activity
to that evaluated in the Program EIR 89-03 and SEIR 91-03, would
have no new effects that were not examined in the preceding Program
EIR 89-03 and SEIR 91-03 (Guideline 15168 (c)(1); and,
SECTION 2. CEQA Finding re Project within Scope of Prior Program EIR.
The City Council hereby finds that (I) there were no changes in the
project from the Program EIR and the SEIR which would require
revisions of said reports; (2) no substantial changes have occured
wi th respect to the ci rcumstances under whi ch the project is
undertaken since the previous reports; (3) and no new information of
substantial importance to the project has become available since the
issuance and approval of the prior reports; and that therefore, no
new effects could occur or no new mitigation measures will be
required in addition to those already in existence and current made
a condition for Project implementation. Therefore, the City Council
approves the Project as an activity that is within the scope of the
project covered by the Program EIR and SEIR, and therefore, no new
environmental documents are required (Guideline 15168(c)(2)).
SECTION 3. Incorporation of All Feasible Mitigation Measures and Alternatives.
The City does hereby adopt and incorporate herein as conditions for
all approvals herein granted a 11 IIi ti gati on measures and
alternatives, if any, which it has determined, by the findings made
in the GDP Resolution and the SPA Resolution, to be feasible in the
approval of the General Development Plan and the SPA Plan,
respectively.
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Resolution No. 16834
Page 3
SECTION 4. Notice with Later Activities.
The City Council does hereby give notice, to the extent required by
law, that this Project is an activity within the scope of the
program approved earlier in the GDP Reso 1 uti on and the SPAPl an
Resolution and the Program EIR and SEIR adequately describes the
activity for the purposes of CEQA (Guideline 15168 (e)).
SECTION 5. General Plan Findings--Conformance to the General Plan.
Pursuant to Government Code Section 66473.5, in the Subdivision Map
Act, finds that the tentative subdivision map as conditioned he'rein
for Salt Creek Ranch, Chula Vista Tract no. 92-02, is in conformance
with all the various elements of the City's General Plan, the Salt
Creek Ranch General Development Pl an and Secti ona 1 Pl anni ng Area
Plan based on the following:
a. Land Use - The project is a planned community which 'provides
a variety of land uses and residential densities ranging
between 1.2 and 17.9 dwelling units per acre. The project is
also consistent with General Plan policies related to grading
and landforms.
b. Circulation - All of the on-site and off-site public and
private streets required to serve the subdivision consist of
Circulation Element roads and local streets in locations
required by said Element. The applicant shall construct those
facilities in accordance with City standards or pay in-lieu
fees in accordance with the Salt Creek Ranch Public Facilities
Financing Plan.
c. Housing - The applicant is required to enter into an agreement
with the City to provide and implement a low and moderate
income program wi thi n the project pri or to the approval of any
Final Map for the project.
d. Conservation and Open Space - The project provides 452 acres
of open space, 37% of the total 1197.4 acres. Grading has
been limited on steep hillsides and grading plan approval will
require the revegetation of slopes in natural vegetation.
e. Parks and Recreati on - The project wi 11 provi de a 22 acre
(gross) community park, a 7 acre (gross) neighborhood park and
the payment of PAD fees or additional improvements as approved
by the Director of Parks and Recreation. In addition,
equestri an and recreati ona 1 trail systems wi 11 be prov; ded
throughout the project, ultimately connecting with other open
space areas and trail systems in the region.
f. Seismic Safety - No seismic faults have been identified in the
vicinity of the property.
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~eso,u:lon No. 16834
Page 4
g. Pu~!ic Safety - All public and private facilities ,";11 be
reachab 1 e wi ..hi n the threshold response times for fi re and
police services.
h. Public Facilities - The applicant will provide all on-site and
off-site streets, sewers and water facilities necessary to
serve this project. In addition, the project is preserving a
potential fire station site. The developer will also
contribute to the Otay Water District's improvement
requi rements to provi de termi na 1 water storage for thi s
project as well as other Il'oajor projects in the eastern
te:""ii tori es.
i. Noise - The project will include noise attenuation walls .as
required by an acoustic study dated July 15, 1992 prepared for
the project. In addition, all units are required to meet the
standards of the USC with regard to acceptable interior noise
levels.
j. Scenic Highway - The roadway design provides wide landscaped
buffers along the two scenic highways, Proctor Valley Road and
Hunte Parkway.
L Bi eycl e Routes - Bi cycl e paths are provi ded throughout the
proj ect.
1. Public Buildings - The project provides a fire station site
and two school sites to serve the area. The project is also
be subject to RCT and DIF fees.
SECTION 6. Subdivision Map Act Findings.
A. Balance of Housing Needs and Public Service Needs.
Pursuant to Section 66412.3 of the Subdivision Map Act, the
Council certifies that it has considered the effect of this
approval on the housing needs of the region and has balanced
those needs against the public service needs of the residents
of the Ci ty and the avail ab 1 e fi sca 1 and envi ronmenta 1
resources. The development wi 11 provi de for a vari ety of
housing types from single family detached homes to attached
single family and multiple family housing and will provide low
and moderate priced housing consistent with regional goals.
B. Opportunities for Natural Heating and Cooling Incorporated.
The configuration, orientation and topography of the site
partially allows for the optimum siting of lots for passive or
natura 1 heati ng and cooling opportuniti es as requi red by
Government Code Section 66473.1.
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Resolution No. 16834
Page 5
c. Finding re Suitability for Residential Development.
The site is physically suitable for residential development
and the proposal conforms to all standards established by the
City for such projects.
SECTION 7. Conditional Approval of Tentative Subdivision Map.
The City Council does hereby approve, subj ect to the fo 11 owi ng
conditions, the tentative subdivision map for Salt Creek Ranch,
Chula Vista Tract 92-02 (Unless otherwise specified, all Conditions
and Code Requirements shall be fully completed to the City's
satisfaction prior to the approval of the First Final Map. Unl:ess
otherwise specified, "dedicate" means grant the appropriate
easement, rather than fee title):
The developer shall:
General/Preliminarv
1. Prepare amendments to the Public Facilities Financing Plant
(PFFP) to reflect the modifications to the sequence of de-
velopment as indicated on Exhibit A (attached) and condition
No. 2 herein and which indicates a reduction in Phase 1 to
1,137 dwelling units by deleting lots/dwelling units in.
locations and numbers, subject to the approval of the Director
of Planning and the City Engineer. For purposes of these
conditions, Phases 1-3 cited in these conditions shall be
composed of those nei ghborhoods or porti ons of neiJhborho,ods
as indicated on Exhibit A. (Planning, Engineering
2. Insta 11 pub 1 i c faci 1 iti es in accordance with the Pub 1 i c
Facil i ti es Fi nancing Pl an as amended or as requi red by the
City Engineer to meet threshold standards adopted by the City
of Chula Vista. In addition, the sequence that improvements
are constructed shall correspond to any future East Chul a
Vista Transportation Phasing Plan as may be amended in
accordance with the final HNTB SR-125 Financing Study adopted
by the City. The City Engineer and Planning Director may, at
thei r di screti on, modi fy the sequence of improvement
constructi on shoul d conditi ons change to warrant such a
revision. (Engineering)
3. The mitigation measures required before Final Map approval by
Final Supplemental Environmental Impact Report for Salt Creek
Ranch (FSEIR) 91-03 are hereby incorporated into this
Resolution by reference. Any such measures not satisfied by
a speci fi c condi ti on of thi s Reso 1 uti on or by the project
design shall be implemented to the satisfaction of the
Director of Planning. Mitigation measures shall be monitored
via the Mitigation Monitoring Program approved in conjunction
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Resolution No. 16834
Page 6
with the FSEIR. Modification of the seouence of rnitiaation
shall be at the discretion of the Director of Planning should
changes in circumstances warrant such revision. (Planning)
4.
Unless otherwise conditioned, the developer shall comply with,
re~~in in compliance with, and implement, the terms,
conditions and provisions of the Salt Creel:: General
Deve 1 opment Pl an, Secti ona 1 Pl anni ng Area Pl an, and such
Master Plan of Reclaimed Water, Urban Runoff Report, Habitat
Enhancement Plan, Master Plan of Sewage, Water Conservation
Plan, the Air Quality Improvement Plan Design Guidelines and
the Public Facilities Financing Plan approved by the Council
(.Plans.) as are applicable to the property which is the
subject matter of this Tentative Map, prior to approval of the
Final Hap, or shall have entered into an agreement with the
City, providing the City with such security (including
recordati on of covenants runni n9 with the 1 and) and
implementation procedures as the City may require, assuring
that, after approval of the Final Hap, the developer shall
continue to comply with, remain in compliance with, and
implement such Plans. Developer shall agree to waive any
claim that the adoption of a final Water Conservation Plan or
Ai r Qua 1 ity Pl an constitutes an improper subsequent impositi on
of the condition. (Planning. Engineering)
Streets. Riohts-of-Wav and Imorovements
i
5. Provide security in accordance with Chapter 18.16 of the
Huni cipa 1 Code and dedi cate construct full street improvements
for all public and portions of private streets shown on the
Tentative Hap within.the subdivision boundary or off-site. as
requi red for each unit or phase. Sai d improvements shall
include, but not be limited to, asphalt concrete pavement,
base, concrete curb. gutter and sidewalk, sewer reclaimed
water and water utilities, drainage facilities, street lights.
signs, fire hydrants and transitions to existing improvements.
All streets shall conform to the City's Street Design
Standards Pol i cy adopted by City Counci 1 Reso 1 uti on #15349
unless otherwise conditioned or approved by the City Engineer.
Construct transitions to existing improvements in the manner
required by the City Engineer. (Engineering)
6. Dedicate for public use all the streets shown on the tentative
map within the subdivision boundary except private streets.
(Engineering)
7. Construct or enter into an agreement to construct the
following street improvements prior to the approval of the
correspondi ng Fi na 1 Hap for the nei ghborhoods i denti fi ed. The
required security shall be provided for each facility prior to
approval of the Final Hap for the corresponding neighborhood
or porti on thereof. Constructi on of appropri ate full or
/7'
Resolution No. 16834
Page 7
partial improvements for each neighborhood or portion there,of,
as indicated in Matrix A (full) or Matrix B (partial) shall be
comp 1 eted pri or to issuance of occupancy penni ts for eiach
affected Deighborhood or portion thereof.
MAT1lIX -A-
IIEIGHIIOIlHOaD FACIUl1ES NEEIlED*
1 1,2, 3, 18
2 1,2,4, 10, 11, 18
3 1,18
4A 18
4B 1,18
5 1,18
6 I, 4, 9, ]8,20
7A 1,4, 10, 18, 20
7B 1,4,5,9,18. 20
8 S. 6, 9, 20, 2]
9 5, 6, 7, 8, 9, 20
lOA 5, 6, 7, 8, 9, IS, 16,20
lOB 5, 6, 7, 9, 15, ]6, 20
11 5, 6, 9. 12, ]3, ]4, 17,20
12 5, 6, 9, 12, 13,20
13 5, 6, 9, 12, 20
'See Table I fOl" ~e:saiption of each facility.
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Resolution No. 16834
Page 8
MAIRIX "II"
.
CooIlruc: tile following poniaI improvomc:ol> ill oc=rd.mce wilh tb< JlbainI plan far reYiIe:I dr=vdc, u on, ~]
os indiaed OIl Emjbi, A aIl3cilod.
Pl>aoo lA I PAImAL FACIIlTlES III!EDED
~
3a, 30, <41>, 5b, 60 11.18 full impr<-.malls. Fac:ility No. 19, Proctar Viilley Road, shall be a:rad<d full
widlh and pavel wilh two lan<s in lieu of coomuaing facility "'18.
Pl>aoo IB I
~
#la 90 uniIS I a_ 3 - g:r:ade to ultimate, improve . lanes and c::e:ntcr median.
"'2a,b-213 units
#4a-loo ur.its b. ~,5 - grade to ultimate, a>nstnJc:t a 2 lane facility to the satisfac:tion of the City
"'50-119 U.'lilS Engineer.
#6b-l13 Ull:its
c- 9, 10, 20 full improYmJe:nts
d. 21 . construc:t 2 lanes of Duncan Rand! Rd. to the pari: Clmm= Improve lhe 12
a= parle.
Facility 11:
Deposit cash with the City Engineer to provide security for the future
construction of full street improvements for Hunte Parkway, including underground
utilities, north of its intersection with Street 1111 to the northerly
subdivision boundary in lieu of constructing said full improvements. The amount
of deposit shall be based on a developer's cost estimate submitted to and
improved by the City Engineer. The deposit shall be paid prior to approval of
the Final Map for Neighborhood 2. Notwithstanding the foregoing, construct a 24-
foot wide paved access road between street "1111" and the northerly subdivision
boundary at the time Hunte Parkway, between Proctor Valley Road and Street
"1111", is constructed, or at such time as the existing access road is removed,
whichever occurs first. (Engineering)
Facility 19:
Provi de security for facil ity 119 (Proctor Valley Road offsi te) pri or to issuance
of the building permit for the 1138th unit. Complete full grading and construct
two lanes prior to occupancy of the 1756th unit. Construct full improvements
prior to issuance of the 2176th building permit.
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Resolution No. 16834
Page 9
i TABlE 1
DI!SCIl1P11ON OF ~AnoN FACUnES
FaciliIy No. I SIroct -
1 I Lane Aw:nu~ South Subdivision boundary to Proctor Valley Road
2 I !.aM: Aw:nue Prcaor VaIlq Rd. [0 entrance NH 1&2
3 I Proctor Valley Rd. West Subdivision Boundary to Lane
4 Proctor Valley Rd. Lane to Hunte Parlcway
S I Proctor Valley Rd." Hunte to Neighborilood 7B
6 I Proctor Valley Rd." Neighbcxbood 7B to yyyy
7 I Proctor Valley Rd.* St. yyyy to St. =
8 Proctor Valley Rd.- St a::cc to East Subdivision Boundary
9 I Hunte Parkway South Subdivision Boundary to Proctor Valley Road
10 I Hunte Parlcway Proctor Valley Road to Entrance of Neighborllood 7A
11 Hunte Parkway Neighborllood 7 A Entrance to North Subdivision Boundary,
grade full width, pave
2 lane road, cash bond for ultimate imprt>YelDenlS, extend
utilities to Subdivision Boundary
12 I yyyy Proctor Valley Road to Neighborllood 9 Northern boundary.
13 I yyyy Neighborhood 9 to Neighborllood 12.
14 I yyyy Neighborhood 12 [0 Northern Subdivision boundary.
IS I CCCC Proctor Valley Road to Northern Boundary Neighborhood 9.
16 = Neighborhood 9 to North Boundary Neighborhood IDA.
17 I = Neighborllood IDA to YYYY
18 MacKenzie ere-..k Rd. West Subdivision Boundary to Lane.
19 I Proctor Valley Road West SubdivWon Boundary [0 Mr. Miguel Rd.
20 I Hunte Parkway South Subdivision Boundary to OllIy Lakes Road.
21 I Duncan Ranch Road Within Subdivision.
" These segment> of Proctor Valley Road shall be graded and constructed to 6 lane prime standards unless
studies conducted for the Otay.Ranch de:veJopme:nt indicate a iesser sm:et standard is: adequate and that
~uc::ion is approved through a change of Ihe ~ dassifiC3tion in W circu.larion element of the
General Plan.
cn eenn
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Resolution No. 16834
Page 10
8. Provide on the Final potap City rejection of an irrevocable
offer to dedi cate (I 00) the ri ght-of-way for Hunte Parkway
north of Street "III" in Neighborhood 2. Grant an open space
easement 'over the balance of the right-of-way within the 100
subject to the condition that it revert to street purposes if
and when the City later accepts the 100. (Engineering)
9. Provide red curbs and "no parking" signs to prohibit on-street
parking on Lane Avenue and stripe bicycle lanes.
(Engineering)
10. Provide red curbs and "no parking" signs to prohibit on-street
parking on the westerly side of Hunte Parkway between Proctor
Va 11 ey Road and the southerly subdivi s i on boundary.
(Engineering)
11. Design and construct Lane Avenue as a Class I collector.
(Enginee ring)
12. Requested ilia i ver 1 is approved subj ect to comp 1 i ance with
parking requirements in Street Design Standard Policy, item
#20, page 12. Requested waivers 2 through 7 as listed on the
tentative map and reduction of the centerl ine radius of Street
"CCC. to 150 feet are hereby approved subject to submission of
a letter from a registered civil engineer indicating that the
results of the waivers requested conform with common
engineering practice and standards in consideration of public
safety. (Engineering, Planning)
13. Construct a temporary turnaround at the end of any streets
whi ch are not constructed to thei r full 1 engths that are
greater than 150 feet in length as measured from the nearest
intersection, except as approved by the City Engineer.
(Engineering)
14. Construct or provide to the specifications or satisfaction of
the City Engineer the following features to all neighborhoods
with private streets with controlled access devices, such as
gates:
a. Gates located to provi de suffi ci ent room to queue up
without interrupting traffic on public streets.
b. Turn arounds at the gates.
c. Delineation of border between public street and private
street by enhanced pavement. No enhanced pavement shall be
located within public right-of-way.
d. Emergency vehicle access. (Engineering)
Install fully activated traffic signals including interconnect
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Resolution No. 16834
Page 11
wiring at the following intersections:
a. Proctor Valley Road/Lane Avenue
b. Proctor Valley Road/Hunte Parkway
c. Proctor Valley Road/Duncan Road
d. Proctor Valley Road/Oak Creek Road
e. Proctor Valley Road/Street "yyyyu
f. Lane Avenue/Otay Lakes Road
g. Hunte Parkway/Otay Lakes Road
Insta 11 underground improvements, standards and 1 umi nari es
with construction of street improvements, and install mast
arms, signal heads and associated equipment when signal
warrants are met, as determined by the City Engineer.
(Engineering)
16. Install interconnect conduit, pull boxes and pull rope to
connect the traffic signals along Proctor Valley Road within
the subdivision. (Engineering)
17. Install traffic counting station loops at seven locations
determined by the City Engineer. (Engineering)
18. Submit to and obtain approval by the City Engineer striping
plans for all major and collector streets simultaneously with
the associated improvement plans. (Engineering)
19. Grant in fee the City a I-foot control lot at the northerly
terminus of Hunte Parkway and Street "YYYY" and the southerly
terminus of Duncan Ranch Road. (Engineering)
20. Install transit amenities on both sides of Proctor Valley Road
(East "HU Street) at the following locations, or appropriate
alternative locations as approved by the City Engineer:
a. Proctor Valley Road (East "H" Street)/Hunte Parkway
intersection.
b. Proctor Valley Road (East "H" Street) ILane Avenue
intersection
Transit amenities include, but are not limited to benches
and/or shelters, and are subject to the approval of the City
Engineer.
Pay a $10,000 cash deposit to the City to fund transit
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KesO,utlon No. 16834
Page 12
ame"ities when required. (Engineering)
21. Dedicate 'to the City right-of-way at the easterly end of
Street IIII to provide for the future extension of said
street. Said dedication shall extend to the subdivision
boundary the exact configuration and location of which are
subject to approval of the City Engineer and the Director of
Pl anni ng. A 11 ri ght-of-way whi ch is not uti1 i zed by the
street to be constructed shall be rejected by the City on the
Final Map. This dedication shall be in lieu of the easement
indicated on the Tentative Map over lot 76, Neighborhood 11
whi ch sha 11 not be shown on the Fi na 1 Map. (Engineering,
Planning)
22. Provide public street access to the northern adjacent
properti es upon development of Nei ghborhood 11 by means of
Street YYY stubbing into said area, as depicted on the
Tentative Map, subject to approval of the City Engineer and
the Director of Planning. Prior to approval of the first
Final Map for Neighborhood 12, the northern adjacent property
owners of record shall demonstrate to the satisfaction of the
City Engineer and Director of Planning that alternate public
street access to the northern adjacent properti es can be
reasonably and feasibly constructed by them, at their own
expense, from an economic, planning, environmental,
engineering and legal standpoint. Upon such a showing, the
deve 1 oper shall provi de private easement access up to the
existing dirt roads located at the end of Street MM."lM and
Street NNNN, by means of Street SSSS, as depi cted on the
Tentative Map. (Engineering, Planning)
23. Grant to the City an easement or easements for street tree
planting and maintenance, and landscape buffer areas along all
pub 1 i c streets in the wi dth requi red by the Ci ty I s Street
Design Standards. (Engineering)
24. Acquire and then grant to the City all offsite rights-of-way
necessary for the i nsta 11 ati on of requi red street improvements
for the affected phase or unit, prior to approval of each
Final Map for each affected phase or unit of the subdivision.
(Enginee ring)
25. Notify the City at least 60 days prior to consideration of the
affected Final Map by City, if offsite right-of-way cannot be
obtained as required by Condition 24. (Only offsite right-of-
way or easements affected by Section 66462.5 of the
Subdivision Map Act are covered by this condition).
After said notification and prior to the approval of the
affected Final Map, the developer shall:
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Resolution No. 16834
Page 13
a. Pay the full cost of acqul nng offsite right-of-way or
easements required by the Conditions of Approval of the
Tentative Hap.
b. Deposit with the City the estimated cost of acquiring said
right-of-way or easements. The amount of the deposit is
subject to the approval of the City Engineer.
c. Prepare and submit all easement and/or right-of~way
documents, plats and apprai sa 1 s necessary to cOlllTJence
condemnation proceedings.
If the developer so requests, the City may use its power of
eminent domain to acquire right-of-way, easements or licen!ses
needed for offsite improvements or work related to the
tentative map. The developer shall pay all costs, both direct
and indirect incurred in said acquisition.
The condition to construct the related offsite improvements
which fall under the purview of Section 66462.5 of the State
Subdivision Map Act are waived in accordance with that section
of the Act, if the City does not acquire or commence
proceedings for immediate possession of the property within
the 120 day time limitation specified in that section.
(Enginee ring)
26.
Widen intersection
Parkway to the
(Engineering)
approaches for Proctor Valley Road/Hunte
satisfaction of the City Engineer.
27. Construct pri vate streets in accordance wi th the standards
contained in the subdivision manual and street design
standards unless otherwise approved by the City Engineer.
Private street cross sections shall conform to those shown on
the tentative map for curb-to-curb width and right-of-way
width, with the exception of the private street section for
Neighborhood 13 which shall have a 48 ft. right-of-way width,
and 32 ft. curb-to-curb. (Engineering)
28. Provi de standard curb and gutter for a 11 pub 1 i c streets.
Street sections as shown on the Tentative Hap are appro\led
unless otherwise conditioned. (Engineering)
Sewers
29. Grant the City fee title to a parcel within which the Salt
Creek Ranch sewer pump station shall be located. Design a!nd
construct the sewer pump station subject to the approval of
the Cities of Chula Vista and San Diego. (Engineering)
30. Provide security and construct the following offsite sewer
improvements pri or to approva 1 of any Fi na 1 Hap whi ch requi res
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Resolution No. 16834
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the Eastlake sewer pump station on Otay Lakes Road to provide
sewer service:
a. A gravity sewer right-of-way from the southerly subdivision
boundary to the EastLake pump station.
b. Upgrade the EastLake pump stati on, as detenni ned by the
City Engi neer, to provi de pumpi ng capaci ty and emergency
measures to accommodate temporary sewage flows from Salt
Creek Ranch.
Obtain approval of the design of said improvements from the
City Engineer. (Engineering)
31. Request and complete i ncorporati on into the exi sting sewer
service surcharge district to provide for future maintenance
of the Salt Creek Ranch and Eastlake pump stations, prior to
approval of the first Final Hap of a phase or unit served by
the Eastlake pump station. Deposit $2,000 to cover costs of
incorporation. Pay the full cost of said incorporation.
(Engineering)
32. Provide access to all sanitary sewer manholes via an improved
access road with a minimum width of 12 feet, designed an H-20
wheel load, or other loading, subject to the approval of the
City Engineer. (Engineering)
Gradinq and Drainaoe
33. Grade rear or si de yard access to all pub 1 i c stonn drai n
structures, including inlet and outlet structures, and
construct paved access thereto except as otherwise directed by
the City Engineer. (Engineering)
34. Place all lot lines at top of slope, except in Neighborhoods
9-13, where the SPA concept allows for this exception. Final
gradi ng plans and lot 1 i ne 1 ocati ons shall be subject to
approval of the City Engineer and Directors of Planning, and
Parh and Recreation and the Fire Harshal. (Engineering.
Planning. Parks & Recreation. Fire)
35. Submit a list of proposed lots indicating whether the
structure will be located on fill, cut, or a transition
between the two situations prior to approval of each Final Hap
for single family residential use. (Engineering)
36. Submit grading proposals for review and approval by the City
Engineer and the Directors of Planning and Parks and
Recreati on for consi derati on of balanced cut and fi 11, contour
grading, utilization of appropriate soil types, effective
landscaping and re-vegetation where applicable. Grade in
separate phases unless a single phase operation is approved
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Resolution No. 16834
Page 15
with the grading plan.
Recreation)
(Engineering, Planning, Parks &
37. Provi de a 1 etter of permi ssi on for gradi ng from SDG&E pri or to
any grading within or adjacent to an SDG&E easement or which
would affect access thereto. (Engineering)
38. Construct retention/detention facilities as approved by the
City Engineer prior to issuance of grading permits to reduce
the quanti ty of runoff to an amount equal to or 1 ess than
present flows for the 100 year frequency storm. (Engineering)
39. Prepare and obtain approval by the City Engineer and the
Director of Planning an erosion and sedimentation control plan
and landscape/irrigation plans as part of the mass grading
plans. (Engineering, Planning, Parks and Recreation)
40. Obtain notarized letters of permission for all offsite grading
prior to issuance of a grading permit for work requiring said
offsite grading. (Engineering)
41. Accomplish the following prior to approval of a Final Map for
any unit or phase which requires drainage detention and/or
filtration basin{s):
a. Prepare a maintenance program including a schedule and a
financing mechanism for said detention and/or filtering
basins. Said program shall be subject to approval of the
Ci ty Engi neer.
b. Enter into an agreement with the City of Chula Vista and
the State Department of Fish and game wherein the parties
agree to implement the bas in Illa i ntenance program.
(Engineering)
42. Provide a comprehensive Best Management Practices (BMPs) study
regarding off-site drainage satisfactory to the City Engineer
and the City of San Diego's Water Utilities Director prior to
approval of any Final Map in Neighborhoods 9-13. Install all
facilities as recommended in the study and shall implement a
maintenance district for these drainage facilities,
satisfactory to the Water Utilities Director. (Engineering)
43. Desi gn the storm drai ns and other drai nage facil i ti es to
include BMPs to minimize non-point source pollution,
satisfactory to the City Engineer and the City of San Diego
Water Utilities Director. (Engineering)
44. Present evidence to the satisfaction of the City Engineer that
an agreement has been reached between the developer and the
City of San Diego Water Utilities Director to provide for the
protection of the reservoirs from urban pollutants prior to
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Resolution No. 16834
Page 16
the approval of any Final 1Iaps, implelllenting pennies, or
issuance of any grading permits in Neighborhoods 9-13. Such
measurement shall include, but not be limited to ensuring BMPs
for stormwater and/or urban runoff including erosion control.
(Engineering)
\fIater
45. Gai n approval by the City Engi neer and the Otay Water Di stri ct
(OWO) of a Haster Plan of Water for Salt Creek Ranch prior to
approval of any Final Hap. This plan shall include a
discussion of implementation and phasing, and participation in
the water all ocati on program and TSF financi ng for thi s
project and other projects in the OWD Haster Pl an servi ce
area. (Engineering, OWD)
45. Determine the exact locations for the proposed pump station
and reservoir to serve the 1295 Zone "prior to approval of the
fi rst Fi na 1 Hap requi ri ng sai d facil i ti es. (Engineering,
Planning, OWD)
47. Annex the project site to the OWD into Improvement District
No. 22, or estab 1 i sh a new improvement di stri ct Tor the
project area prior to approval of any final map. Obtain
written verification from OWD at each phase or unit of
development that the tract or parcel will be provided adequate
water service and long term water storage facilities.
(Engineering, OWD)
48. Make cons i stent wi th the Water Conservati on Pl an for Salt
Creek Ranch dated October 1991 water conservati on measures for
roadside landscaping and landscape maintenance subject to the
approval of the Director of Planning. (Planning, Parks and
Recreat ion)
Reclaimed Water
49. Enter into an agreement with OWD to commit to use of reclaimed
water at the earliest possible date so that OWO can ensure
that an adequate supply is available prior to approval of any
Final Hap. Hake all reclaimed water use conform to the
applicable regulations of Chula Vista, Regional Water Quality
Contro 1 Board and the State Department of Health.
(Engineering, OWD)
50. Pay all costs incurred from retrofitting the reclaimed water
system, when reclaimed water becomes available. Determine the
amount of said deposit, subject to City approval, and pay said
deposi t pri or to approval of each associ ated Fi na 1 Hap.
(Engineering)
51. Install reclaimed water lines as outlined in the Public
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Resolution No. 16834
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Facilities Financing Plan at such time as the road
improvements are constructed or the City Engineer determines
that the facilities are necessary to provide a link to a live
system. (Engineering)
Fees/Pavments
52. Pay the following fees:
a. Spring Valley Sewer Trunk connection fees ($130/acre) and
Fri sbee trunk sewer fee pri or to Fi na 1 Hap approval for any
phase or unit thereof contributing flow to the Spring
Valley Trunk Sewer.
b. Telegraph Canyon drainage fees in accordance with ordinance
2384 prior to Final Hap approval for any phase or unit
tributary to said basin. (Engineering)
53. Deposit $5,000 to provi de for the fi rst year 's maintenance
costs prior to approval of the Final Hap of any phase or unit
which requires the Salt Creek Ranch pump station to provide
sewer service. (Engineering)
AQreements/Covenants
54. Enter into and execute an agreement to fund the project's fair
share of a park-and-ri de faci li ty to be located in the
vicinity of the East H Street and SR-125 interchange.
(Engineering)
55. Enter into an agreement wi th the City for each phase or uni t
thereof, whereby:
a. The developer agrees the City may withhold occupancy
permits for any units in the subject subdivision if anyone
of the following occur:
(1) Regional development threshold limits set by the
East Chul a Vi sta Transportati on Phasi ng Pl an have
been reached.
(2) Traffic volumes, levels of service, public utilities
and/or servi ces exceed the adopted Ci ty threshb 1 d
standards.
b. The developer agrees that the City may withhold building
permits for any of the phases of development identified in
the Public Facilities Financing Plan (PFFP) if the requited
public facilities, as identified in the PFFP or as amended
or otherwise conditioned have not been completed or
constructed to satisfaction of the City. The property
owner may propose changes in the timing and sequencing of
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Keso:utlon ~o. ~b834
Page 18
development and the construction of improvements affected.
In such case, the PFFP may be amended as approved by the
Ci ty Pl anni ng Di rector and Pub 1 i c Works Di rector.
(Engineering, Planning)
56. The developer shall agree to comply with the requirements of
the revised Eastern Chula Vista Transportation Phasing Plan
and Transportation Development Impact Fee Program or as said
documents may be revi sed based on the concl usi ons of the
H.N.T.B.State Route 125 financing study. (Engineering)
57. Enter into an agreement with the City agreeing not to protest
forr..ati on of a di stri ct for the maintenance of 1 andscaped
medians and parkways along streets within and adjacent to the
subject property prior to approval of any Final Map which
includes those facilities. (Engineering)
58. Enter into an agreement to defend, indemnify and hold harmless
the City and its agents, officers and employees, from any
claim, action or proceeding against the City, or its agents,
officers or employees to attack, set aside, void or annul any
approval by the City, including approval by its Planning
COlr.'iiission, City Council or any approval by its agents,
officers, or employees with regard to this subdivision
provided the City promptly notifies the subdivider of any
claim, action or proceeding and on the further condition that
the City fully cooperates in the defense. (Engineering)
59. Enter into an agreement with the Ci ty wherei n the Ci ty is held
harmless from any liability for erosion, siltation or increase
flow of drainage resulting from this project. (Engineering)
50. Develop an interim urban runoff management plan and agree to
install required facilities to protect the water quality of
the Otay Lakes prior to approval of any Final Map for any lot,
unit or phase which drains to the Otay Lakes drainage basin,
subject to the satisfaction of the Cities of Chula Vista and
San Diego and the State Office of Health Services.
(Engineering)
51. Agree to participate in funding the development of a
comprehensive Otay Lakes watershed management plan and to pay
a fair share of the construction cost of long term facilities
as may be determined by said plan. Enter into and execute an
agreement with the Cities of Chula Vista and San Diego and the
County of San Diego wherein the parties agree to implement the
management plan, said to be executed prior to Final Map
approval for any lot, unit or phase which drains to the Otay
Lakes drainage basin. (Engineering)
62. Obtain permission from the City to deposit sewage in a foreign
basin and enter into an agreement whereby the City shall agree
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Resolution No. 16834
Page 19
to such transfer, and the ci rcumstances under whi ch sa i d
permission may be revoked. (Engineering)
63. Enter into an agreement and provide appropriate security to
guarantee ~he ability to restore the sewer systems' reserve
capacity to that which currently exists, on a length-by-length
basis, for sewage diverted into the Telegraph Canyon Basin.
(Engineering)
64. Agree to participate in the IlOnitoring of existing sewage
flows in the Telegraph Canyon Trunk Sewer and, pursuant to any
adopted Basin Plan, agree to participate in the financing of
improvements set forth therein, in an equitable manner.
Execute said agreement prior to Final Map approval for any
phase or unit thereof proposing to discharge sewage into
Telegraph Canyon trunk sewer. (Engineering)
65. Enter into an agreement with the City to participate in
funding of the offsite Salt Creek Sewer Interceptor.
(Engineering)
66. Enter into an agreement with the City to insure that all
franchised cable television companies (.Cable Company.) are
permi tted equa 1 opportuni ty to place condui t and provi de cab 1 e
television service to each lot within the subdivision prior to
the approval of Final Maps for each phase or unit. Restrict
access to the conduit to only those franchised cable
television companies who are, and remain in compliance with,
all of the terms and conditions of the franchise and which are
in further compliance with all other rules, regulations,
ordinances and procedures regulating and affecting the
operation of cable television companies as same may have been,
or may from time to time be issued by the City of Chula Vista.
(Engineering)
Public Parks and Trails
67. Prepare, submit and obtain Director of Parks and Recreation
approval, for a recreation needs analysis which identifies the
demand for various park facilities, to ensure that the parks
are equi pped to meet the expressed needs of the cOllITlunity.
(Parks and Recreation)
68. Prepare, submit and obtain Director of Parks and Recreation
approval of a comprehensive Master Plan for the open space
system, recreation trails and parks which shall include, but
not be limited to, phasing of the installation of facilities
in accordance with the recreation needs analysis.
The Master Plan shall reflect:
a. More precise location, size and configuration of parks,
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Resolution No. 16834
Page 20
recreation and equestrian trails and fencing than indicated
on the Tentative Map.
b. A multi-use bridged trail crossing of Salt Creele to the
community parle in Phase 1 to create an east/west linle over
Sa 1 t CreeL
c. The extension of equestrian and recreation trail systems to
the eastern property boundary on the south side of Proctor
Valley Road. .
d. Pedestrian walleways from cul-de-sac ends on Streets DD, FF,
and GG designed with open ends along Proctor Valley Road
west of Hunte Parkway to the walk system adjacent to
Proctor Valley Road.
e. All open space access points shall have a minimum of 10 ft.
clear vehicular surface, with an additional 2 ft. clear on
either side of any vertical obstructions.
f. Determination of the open space district parcel boundaries
and maintenance responsibilities.
g. An equestrian-style fence adjacent to the 10 foot
recreation trail along the north side of the Community
Park, adjacent to Proctor Valley Road, and continuing along
the trail at the east side of the park to the point where
the trail enters the park.
h. Extension of the recreation trail within lots K and L
adjacent to EastLake, along the southerly property line of
Neighborhood 4d, along the westerly property line of said
Neighborhood (future San Miguel Road), and the westerly
edges of the Neighborhood Parle and the Fire Station site.
This trail shall be a minimum of 10 feet in width and
provide maintenance vehicle access to each adjacent
open-ended residential cul-de-sac.
i. All aspects of work in the open space network and the park
sites shall comply with all approved landscape and
irrigation standards.
j. The design, and installation and improvement of the
paries/open spaces shall be in accordance with the standards
set forth in the City Landscape Manual as may be amended
from time to time. (Parks and Recreation, Planning,
Engineering)
69. Prepare agreement(s) to phase the parks as follows:
a. Comolete construction of the portions of Proctor Valley
Road and Duncan Ranch Road necessary to access the parking
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70.
71.
Resolution No. 16834
Page 21
lot driveway of the community park shall be constructed.
These streets shall be constructed prior to the completion
of the initial 12.0 acre phase of the community park. The
streets shall be to the satisfaction of the City Engineer
and the Director of Parks and Recreation.
b. The initial 12 net usable acres of the Community Park shall
be dedicated in fee and improvements commenced prior to or
concurrent with the recordation of the Final Map for the
592nd lot in Phase I. Complete construction of all the
facilities required for the first 12 acres of the commurnity
park within one year following the recordation of the Flna1
Map for the 592nd lot.
c. The remainder of the Community Park (8.23 net usable acres,
10 gross acres) shall be dedicated in fee and improvements
commenced prir~ to, or concurrent with the recordation of
the Final Map lor the 1447th lot. Complete construction of
all the facilities required for the remaining 10 acres of
the community park within one year following the
recordation of the Final Map for the 1447th lot.
d. The Nei ghborhood Park (5.71 net usable acres, 7.1 gross
acres), shall be dedicated in fee and improvements
commenced prior to the recordation of the Final Map of the
2200th lot. Complete construction of all the facilities
required for the neighborhood park within one year
following the recordation of the Final Map for the 2200th
lot.
e. At no time is the project to be deficient in park acreage.
If the standard of 3 acres per 1000 residents is exceeded
at any time, then the next phase of the community park or
the neighborhood park shall begin immediately.
Dedi cate all requi red park1 and (22 gross acres, Community
Park, 7 gross acres, Neighborhood Park) and park improvements
in accordance with the Master Plan and construction documents
prepared pursuant to Condition 73 as .turn-key. projects. The
Di rector of Parks and Recreati on shall have the ri ght of final
approval in the selection process of the general contractor
for both of the park sites. (Parks and Recreation)
Prepare, submit and obtain approval from the City Engine'er,
and Di rectors of P1 anni ng and Parks and Recreati on for the
design of the Greenbelt undercrossing of Proctor Valley Rload
at Hunte Parkway where indicated on the Tentative Map. The
undercrossing shall have a lIinimum dimension of 15 ft. in
height and 23 ft. in width, as indicated on Exhibit No. 103 in
the SPA Plan and the design shall be approved prior to any
Final Map for Phase 2. (Parks and Recreation, Engineering,
Planning)
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Resolution No. 16834
Page 22
72. Locate underground, surface or overhead easements off-site of
either parle site, except for the necessary and required
easements' for the on-si te parle and recreati on faci 1 i ti es.
(Parks and Recreation, Engineering)
73. Enter into a Chula Vista standard three party agreement with
the City of Chula Vista and a design consultant, for the
design of all aspects of the neighborhood and community paries
in accordance with the Master Plan whereby the Paries and
Recreation Director selects the design consultant. The
agreement shall include, but not be limited to, the design
deve 1 opment phase, the constructi on document phase and the
constructi on supervi si on phase for the parle si tes. The
construction documents shall reflect the then current
requirements of the City's Code/Manual requirements. (Parks
and Recreation)
74. Prepare the Final Map in accordance with Exhibits Band C, to
i ndi cate:
a. The modification in size and configuration to the community
parle as set forth in the Master Plan.
b. Dedication in fee of the community and neighborhood paries
in corrected configuration.
c.Grading of the sites in accordance with the revised grading
schemes as indicated on Exhibits Band C. (Parks and
Recreat ion)
Street Trees/Ooen Soace
75. Grant all open space lots to the City in fee on the applicable
Fi na 1 Map and a deed executed and recorded for each lot.
(Engineering)
76. Submit a schedule outlining the proposed turnover of
maintenance for open space areas to the City, subject to
approval of the Directors of Planning Paries and Recreation.
(Planning, Parks & Recreation)
77. Submit a list of open space items to be maintained and a rough
estiw~te of maintenance costs to allow City staff to determine
a preliminary cost and spread for the open space district.
(Engineering, Parks & Recreation)
78. Request that the City form an Open Space District to zaintain
public Open Space lots and submit to the City the associated
diagram, cost estimate, description of worle and a deposit of
$8,000 for processing the formation of the district.
(Engineering, Parks & Recreation)
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Resolution No. 16834
Page 23
79. Gain approval of access to all of the open space areas for
maintenance purposes by the Directors of Parks and Recreation
and Planning, Fire Marshal and City Engineer during the Open
Space Master Plan stage as indicated in Condition 68. (Porks
& Recreation, Planning, Fire, Engineering)
80. Provide a 10 ft. wide access path for maintenance vehicles in
the greenbelt open space area (lots D-8 through G-8) bisecting
Neighborhoods 1 & 2. Final landscape materials and design for
this area shall be consistent with open space criteria,
subject to approval of the Director of Parks and Recreation
prior to approval of the final subdivision map for Subarea 1.
(Parks & Recreation)
81. Prepare, submit to and obtain approval of the Directors of
Parks and Recreation and Planning and the Fire Marshal, prior
to approval of final grading and landscape plans for Phase 3,
of final details of habitat enhancement, protective measures
for sensitive habitat/species and temporary irrigation in open
space areas within Phase 3. (Parks & Recreation, Planning,
Fire)
82. Indicate on all affected grading plans that all walls which
are to be maintained by open space districts shall be
constructed entirely within open space lots dedicated to the
City. (Planning, Engineering)
83. Dedi cate Lots A through HH to the City for open space
purposes. As biological habitat, lots Z and CC through GG
shall generally be restricted from any use except that access
roads to serve the SDG&E transmission towers and the drainage
retention ponds shall be permitted. In addition, in
accordance wi th Condi ti on 22, a road provi di ng access to
northerly adjacent properties may be permitted subject to the
approval of the Director of Planning and the City Engineer.
(Planning, Engineering)
84. Estab li sh Homeowners Associ ati ons for Hei ghborhoods 5 (Lot
93), 8, 12 and 13 to provide for the maintenance of private
open space and streets prior to the approval of Final Haps for
said neighborhoods, subject to the approval of the Director of
Planning. (Planning)
85. Submit a comprehensive landscape plan for review and approval
of the City Landscape Archi tect and Di rector of Parks and
Recreation prior to approval of the first Final Map. Submit
comprehensive, detailed landscape and irrigation plans,
erosion control plans and detailed water IIanagement guideli'nes
for all 1 andscape i rri gat ion in accordance wi th the Chu 1 a
Vista Landscape Manual for the associated landscaping in each
Final Map. These detailed landscape and irrigation plans
shall be for the review and approval of the City Landscape
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~esolutlon ~o. 16834
Page 24
Architect and Director of Parks and Recreation prior to the
approval of each Final Map. The landscaping format within the
project shall be in substantial conformance with Section 3.2
(Landscape Concept) of the Salt Creek Ranch SPA. (Planning,
Parks & Recreation)
86. Ma i nta in a wi dth on all open space lots adj acent to pub 1 i c
rights-of-way so as to provide 10 feet of landscaping
treatment behind the back of sidewalk. (Planning)
87. Incl ude in the CC&R' s that the mai ntenance of all pri vate
facilities and improvements within open space areas are
managed by home owners associ ati ons. Submi t to and gai n
approval of said CC&Rs by the Director of Planning prior to
approval of the associated Final Map. (Planning)
Fire and Brush Manaaement
88. Provide the initial cycle of fire management/brush clearance
within lots adjacent to natural open space areas in Subarea 3
subject to approval of the Fire Marshal and the Director of
Parks and Recreation. (Fire, Parks & Recreation)
89. Install fire hydrants every 500 ft. for single family
residential and every 300 ft. for multi-family dwellings.
Install and make operable the hydrants prior to delivery of
combustible building materials. (Fire)
90. Locate fuel modification areas in Subarea 3 entirely within
affected lots. Indi cate 1 at li ne extens ions requi red to
accommodate said areas on the Final Map(s) of Subarea 3,
subject to the approval of the City Engineer, Fire Marshal,
and Director of Planning. (Engineering, Fire, Planning)
91. Dedi cate to the Ci ty open space easements (aSE) over a 11
downhill side or rear slopes adjacent to Open Space lots Z, AA
and CC through GG in Subarea 3. These OSE's shall preclude
the construction of any structures within said easements and
shall 1 imit activities within tHe easements to landscape
maintenance of fuel modification plant materials. The wording
of the aSE's shall be subject to the approval of the Director
of Planning and the City Attorney. (Planning, C.A.)
92. Prepare and execute fuel modification plans consistent with
Secti on 3.6 of the Salt Creek Ranch SPA subj ect to the
approval of the Directors of Planning and Parks and Recreation
and the Fire Marshal prior to approval of any Final Hap in
Subarea 3. (Planning, Fire, Parks & Recreation)
93. Offer lot FS-l (fire station site) for dedication in fee to
the City prior to or concurrent with the recordation of the
first Final Map in Phase 2. (Fire, Engineering)
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Resolution No. 16834
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94. Provide fire prevention facilities and equipment, including
the construction of a fire station, if required, in accordance
with the Salt Creek Ranch Public Facilities Financing P1an.
Provide or secure said facilities and equipment in accordance
with a schedule as approved by the Fire Chief. (Fire)
Miscellaneous
95. Inc 1 ude in the Decl arati on of Covenants, Condi ti ons and
Restrictions provisions assuring maintenance of private
facilities including the private streets, sewer, and drainage
systems. Name the City of Chula Vista as party to said
Declaration authorizing the City to enforce the tenns and
conditions of the Declaration in the same manner as any owner
within the subdivision. (Engineering, Planning)
95. Tie the boundary of the subdivision to the California System _
Zone VI (1983). (Engineering) .
97. Submit copies of Final Maps in a digital fonnat such as (DXF)
graphic file prior to approval of each Final Map for any unit.
Provide computer aided Design (CAD) copy of the Final Map
based on accurate coordinate geometry calculations and submit
the information in duplicate on 5 1/2 HD floppy disk prior to
the approval of each Final Map. (Engineering)
98. Agree to participate in a regional or subregional multispecies
coastal sage scrub conservation plan prior to the approval of
the first Final Map. (Planning)
99. Suspend development of Neighborhood lOb and reconfigure the
northeastern Subarea 3 neighborhood to provide a wider open
space area for a regional wildlife corridor if, at the time
development is proposed for Neighborhoods lOa, lOb, and II, an
off-site regional wildlife corridor linking San Miguel
Mountain with the Upper Otay Reservoir has not been approved
as part of a habitat conservation plan. Make the width of the
open space area sufficient to ensure long-term viability of
the wildlife corridor, as indicated in the SPA Plan (PCM 91-4)
subject to the approval of the Director of Planning.
(Planning)
100. Submit and gain approval by the Design Review Comittee
Precise Plans for the multiple family area within
Neighborhoods 4a (reference lot 1) and 5 (reference lot 93) at
gross densities of 18 dwelling units per acre and 6 dwelling
units per acre respectively. (Planning)
101. Provide sales disclosure documents which identify the
allowable uses in the Eastlake Business Center, subject to
review by the Director of Planning prior to the approval of
Final Maps in Neighborhoods 5 and 5. (Planning)
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Resolution No. 16834
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102. Mitigate noise impacts on the residences along Proctor Valley
Road by the placement of solid walls or wall/berm combinations
on the building pads at the top of the slopes adjacent to the
roadway. The wa 11 s sha 11 be solid masonry constructi on with
a material weight of at least 3.5 pounds per square foot which
would not allow any air spaces along their entire length. The
end of each noi se wa"11 sha 11 wrap around the bui 1 di ng pad
enough to b 1 od the 1 i ne of si ght from a 11 poi nts in the
exterior living space to any portion of the impacting roadway.
Indicate on the grading plans for Neighborhoods I, 3, 7B and
8 said walls in compliance with the Salt Creek Ranch SPA SEIR,
subject to the approval of the City Engineer and the Director
of Planning. (Planning, Engineering)
103. Retain a qualified biologist/environmental specialist to
oversee the construction of Proctor Valley Road, Hunte Parkway
and the reservoir and associated "waterline and to monitor the
implementation of the mitigation measures related" to
Biological Resources as required by City Council Resolution
16555-Mitigation Monitoring Program. (Planning)
104. Retain a qualified archaeologist to monitor the implementation
of the mi ti gati on measures re 1 ati ve to Cul tura 1 Resources
required by the City Council Resolution 16555-Mitigation
Monitoring Program. (Planning)
105. Provide the proposed list of fertilizers, pesticides,
herbicides and fungicides, and the landscaping plans to the
City of San Di ego Water Uti 1 i ti es Department for approval
prior to approval of any Final Map in Neighborhoods 9-13.
(Planning)
106. Submit for approval by the Director of Planning and the City
Engineer copies of proposed CC&Rs for the subdivision prior to
approval of each Final Map. (Planning, Engineering)
107. Design and improve lot A-3 in Neighborhood 3 (private park)
subject to the approval of the Director of Planning. Design
the park prior to the approval of any Final Map in
Neighborhood 3 and improve the park concurrently with the
immediate surroundinJ area, as determined by the Director of
Planning. (Planning
108. Design and improve lots D-8 through G-8 in Neighborhood 8
(private recreation area) subject to the approval of the
Di rector of Pl anni ng. Desi gn these areas pri or to the
approval of any Final Map in Neighborhood 8 and improve the
areas concurrent wi th the immedi ate surroundi ng area as
required by the Director. (Planning)
109. Show evidence satisfactory to the Director of Planning that
the CC&R's for Neighborhood 12 include a statement that
3/
Resolution No. 16834
Page 27
.
required by the Director. (Planning)
109. Show evidence satisfactory to the Director of Planning that
the CC&R I S for Nei ghborhood 12 i ncl ude a statement that
Streets HMMM and NNNN may be requi red to provi de access to
roads which provide access to properties to the north, prior
to the approval of any Final Hap for Neighborhood 12.
(Planning, Engineering)
110. Reserve lots S-l and S-2 (school sites) for school purposEls to
be offered for dedication in fee to the Chu1a Vista City
Elementary School District in accordance with a schedule as
indicated in a Hel10-Roos Community Facilities District, as
approved by the School District, which shall be established to
the satisfaction of the District. (Planning)
111. Establish and participate in a school facility financing plan
as well as providing classroom space as required by the
Sweetwater Union High School District. Provide a letter from
the District verifying compliance with this condition.
(Planning)
112. Reflect on the Final Hap for Neighborhood 78 the provision of
a minimum setback of 100 feet between lots 103 and 104 and the
northerly ri ght-of-way 1 i ne of Proctor Valley Road.
Accomplish this setback by deleting said lots and shortening
Street FFFF accordingly or by rearranging lots along said
street to provide the required setback, subject to the
approval of the Director of Planning. (Planning)
113. Enter into an Affordable Hous i ng Agreement with the City
subject to the approval of the City Council. (Carrmunity
Deve lopment)
114. Submit to the Director of Planning and gain approval by the
City Council of all street names for this project. (Planning)
115. Note 10 on Sheet 3 of 8 regarding quitclaiming of a right-of-
way dedication is denied until such time as the City Engineer
and the Director of Planning determine that said right-of-way
is not required to provide access to the subject property or
adjacent property. (Engineering, Planning)
116. Prepare an amendment to the Salt Creek Ranch Hi ti gati on
Honitoring Program to require subsequent environmental review
to be conducted on the urban runoff detention basins in Phase
3 when the final configuration of said basins are determined.
Should this environmental review result in the requirement ;for
llleasures to mi ti gate any percei ved envi ronmenta 1 impacts, such
measures shall be incorporated into the revi sed Hiti gati on
Honi tori ng Program, subject to the approval of the Di rector of
P1 anning. (Planning)
'-:L;;'::
-/ .../
Resolution No. 16834
Page 28
117. Re71ect on the Final Map for Neighborhood 9 the deie:ion of
one iot from the north side of Street AAAA and consolidation
of the remaining lots to create larger lots subject to the
approval .of the Director of Planning. (Planning)
118. Reflect on the Final Map for Neighborhood 9 the deletion of
two lots from the east side of Street CCCC (Neighborhood 9)
and consolidation of the remaining lots to create larger lots,
subject to the approval of the Director of Planning.
(Planning)
119. Reflect on the Final Map for Neighborhood 13 the deletion of
one lot from the west side of Street RRRR south of Lot 33 to
expand open space lots B-13 and C-13, subject to the approval
of the Director of Planning. (Planning)
120. Payoff all exi sti ng defi cit accounts associ ated wi th the
processing of this application to the satisfaction of the
Director of Planning. (Planning)
Code Reouirements
121. Comply with all applicable sections of the Chula Vista
Municipal Code. Preparation of the Final Map and all plans
shall be in accordance with the provisions of the Subdivision
Map Act and the City of Chula Vista Subdivision Ordinance an
Subdivision Manual. (Engineering, Planning)
122. Underground all utilities within the subdivision in accordance
with Municipal Code requirements. (Engineering)
123. Provide some lots with residential fire sprinkler systems due
to access requirements as determined by the Fire Marshal. In
multi-family dwellings, if a sprinkler system is required for
one building, all buildings in the project shall be
sprinklered. (Fire)
124. Make all proposed development consistent with the Salt Creek
Ranch SPA Planned Community District Regulations, subject to
the approval of the Director of Planning. (Planning)
125. Comply with Title 24 and any other energy conservation
ordinances and policies in effect at the time construction
occurs on the property in conformance with this Tentative Map.
(Building and Housing, Planning)
126. Comply with all relevant Federal, State and Local regulations,
i nc 1 udi ng the Cl ean Water Act. The developer sha 11 be
responsible for providing all required testing and
documentation to demonstrate said compliance as required by
the City Engineer. (Engineering)
'.2/
-v
Resolution No. 16834
Page 29
127. Comply with the Corrmunity Purpose Facility Ordinance. The
developer shall provide areas proposed to show compl iance with
said ordinance and obtain approval of said areas from the
Director of Planning. (Planning)
128. Pay the following fees in accordance with the City Code and
Counci 1 Pol i cy:
a. The Transportation and Public Facilities Development Impact
Fees prior to the issuance of any building permit.
b. Signal Participation Fees
c. School fees
d . All app 1 i cab 1 e sewer fees, i ncl udi ng but not 1 imi ted to
sewer connection fees
Pay the amount of said fees in effect at the time of issuance
of building permits. (Engineering)
failing any of which conditions, or failing the continued
maintenance of same as the condition may require, this conditional
approval and any entitlement accruing hereunder, shall, following a
public hearing by the City Council at which the Applicant or his
successor in interest is given notice and the opportunity to appear
and be heard with regard thereto, be terminated or modified by the
Ci ty Counei 1.
SECTION 8. CEQA Findings
(1) Re-adoption of Findings.
The Council does hereby re-approve, accept as its own, and re-
incorporate as if set forth full herein, and make each and
everyone of the CEQA Findings attached hereto as Exhibit D.
(2) Certain Mitigation Measures Feasible and Re-dopted.
As more fully identified and set forth in the Program EIR and
the SEIR, and in the CEQA Findings for this Project, which is
hereby attached hereto as Exhibit D, the Council hereby finds
that pursuant to Public Resources Code Section 21081 and CEQA
Guidelines Section 15091, that the mitigation measures
described in the above referenced document are feasible and
will become binding upon the appropriate entity such as the
Applicant, the City, or other special districts which has to
implement these specific mitigation measures.
--7
Resolution No. 16834
Page 30
(3) Feasibility of Alternatives.
As is also noted in the environmental documents referenced in
the iDllledi ate ly precedi ng paragraph, a lternati ves to the
Project whi ch were i denti fi ed as potenti ally feasi b 1 e are
hereby found not to be. feasible.
(4) Adoption of Mitigation Monitoring Program.
. As required by the Public Resources Code Section 21081.6, City
Council hereby re-adopts the Mitigation Monitoring and
Reporting Program ("Program") set forth as Exhibit E to this
resolution and incorporated herein by reference as set forth
in full. The City Council recoDlllends that the Council find
that the Program is desi gned to ensure that duri ng the project
implementation and operation, the Applicants and other
responsi b 1 e parti es impl ement the project components and
comply with the feasible mitigation measures identified in the
Findings and in the Program.
(5) Statement of Overriding Considerations.
Even after the re-adoption of all feasible mitigation
measures, certain significant or potentially significant
environmental affects caused by the project or cumulatively
will remain. Therefore, the City Council of the City of Chula
Vista re-issues, pursuant to CEQA Guidelines Section 15093, as
set forth and attached hereto, a Statement of Overri di ng
Considerations identifying the specific economic, social, and
other considerations that render the unavoidable sionificant
adverse environmental effects still significant but
acceptable.
SECTION 9. ~ Noti ce of Determi nati on.
City Council directs the Environmental Review Coordinator to post a
Notice of Determination and file the same with the County Clerk.
/214;i CL
, "to '7 by
~J \
Presented by
Robert A. Leiter
Director of Planning
Bruce H. Boogaard
City Attorney
?v
..../ v
Resolution No. 16834
Page 31
PASSED, APPROVED and ADOPTED by the Ci ty Counci 1 of the City of cmu 1 a
Vista, California, this 6th day of October, 1992, by the followin9 vote:
YES:
NOES:
ABSENT:
ABSTAIN:
Councilmembers:
Horton, Moore, Rindone. Nader
Councilmembers:
None
Counci 1 members :
Malcolm
Councilmembers:
None
Z- - 'i ./{_
'- /U :/ i
Tim Nader, Mayor
ATTEST:
, I
I . , - .
Beverly A. Authelet, City Clerk
STATE OF CALIFORNIA )
COUNTY OF SAN DIEGO ) ss.
CITY OF CHULA VISTA )
I, Beverly A. Authelet, City Clerk of the City of Chula Vista, California, do
llereby certify that the foregoing Resolution No. 16834 was duly passed, approved,
and adopted by the City Council held on the 6th day of October, 1992.
Executed this 6th day of October, 1992.
.,
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PUBLIC HEARING: PCS-99-01; Consideration of a Tentative
Subdivision Map known as Eastlake South Greens, Unit 18, Chula Vista
Tract 99-01, involving 52 single-family and two open space lots on 9.86
acres located on the northwest corner of Hunte Parkway and South
Greensview Drive.
RESOLUTION: {~v1o~Z and imposing conditions on the tentative
subdivision map for Eastlake South Greens Unit 18, Chula Vista Tract
99-0 l.
Director of Planning and Building /~
/f--
City Manager ~r;1 (JfV 4/5ths Vote: Yes_No~
The applicant has submitted a tentative subdivision map known as Eastlake South Greens, Unit
18, Chula Vista Tract 99-01, in order to subdivide 9.86 acres into 52 single-family and 2 open
space lots (see Exhibit 1 of City Council Resolution). The project site is identified as Parcel
R-18 in the Eastlake Greens Sectional Planning Area (SPA) plan and is located on the west
side of Hunte Parkway, north of South Greensview Drive within the Eastlake Greens planned
community (see Locator).
ITEM TITLE:
SUBMITTED BY:
REVIEWED BY:
CITY COUNCIL AGENDA STATEMENT
Item ~
Meeting Date 1/5/99
The Environmental Review Coordinator has determined that the project falls under the
purview of FEIR -86-04(B), and that no further environmental review is necessary.
BOARDS/COMMISSIONS RECOMMENDATION
On November 11, 1998, the Planning Commission considered the proposed project and voted
4-0 (Commissioners Tarantino, Aguilar and Thomas absent) to recommend that the City
Council approve the proposed Tentative Subdivision Map Eastlake South Greens, Chula Vista
Tract 99-01 in accordance with the findings and subject to the conditions contained in the draft
City Council Resolution.
RECOMMENDATION
Adopt attached City Council Resolution approving a tentative subdivision map known as
Eastlake South Greens Unit 18, Chula Vista Tract 99-01, in accordance with the findings and
subject to the conditions contained therein.
//,-/
exLt::nueu SUUlll al1IJIUAIUId.U:;;lY .l,~UV teel, I;;;UUHIJ;; HI au u...,\,.,u-\.-uu\,..u "'Ul-u'-'-~a,-,.
Page 2, Item_
Meeting Date 1/5/99
DISCUSSION
Site Characteristics
The project site is an elongated, one-level building pad created as part of the EastIake Greens
mass grading program. With some minor refinements, the proposed finish grade maintains the
existing building pad configuration and elevation. The site terrain slopes north to south
approximately 37 feet.
The site is limited to the north by single-family detached homes, to the south by South
Greensview Drive, to the west by the EastIake Golf Course, and to the east by Hunte Parkway
(see Locator).
Zoninl1 and Land Use
Zoning
Existing
Land Use
Community District Zone District
Designation
Site
PC (Planned Community)
Vacant
RP-8 - Residential Planned Concept
North
PC (Planned Community)
Residential
(SPD Homes)
Open Space
RS-7 - Residential Single Family
South
PC (Planned Community)
OS-4 - Open Space
East
PC (Planned Community)
Vacant
N/A (Future Eastlake Trails)
West
PC (Planned Community)
Golf Course
OS-4 - Open Space
Proposal
The proposed tentative map consists of subdividing 9.86 acres into 52 single-family lots along
a single street, and two open space lots. The project is basically the continuation ofthe
northerly adjacent residential neighborhood, which consists of 40 residential lots along a single
street (Indian Creek Drive), originating at Clubhouse Drive.
A proposed street between Parcels R-27 and R-18 would provide access to Hunte Parkway
from both subdivisions. Indian Creek Drive, which originates at Clubhouse Drive, would be
extended south approximately 1,200 feet, ending in an open-ended cul-de-sac.
The proposal for subdivision is summarized as follows:
Total number of residential lots: 52
Total number of open space lots: 2
/)- :A
Page 3, Item_
Meeting Date 1/5/99
Sin!:le-Family Lots
Minimum dimensions:
Minimum lot area:
Average lot area:
Open space lot A:
Open space lot B:
54 x 80
4,320 square feet
5,505 square feet
1,068 square feet
1. 18 acres
Compliance with Eastlake Greens General Development and SPA Plans
The land use district plan for EastIake Greens designates the site as RP-8, Residential Planned
Concept, which requires that property development standards be established with the site plan
and tentative subdivision map process. Property development standards for the construction of
individual homes are also subject to site plan (DRC) approval.
Affordable Housin!:
The Housing Element requires the overall master planned community to provide five percent
of the total project units as low income units and five percent moderate income housing units.
The Developer has entered into an agreement with the City to control the delivery of the low
and moderate income housing units required by the Housing Element of the General Plan.
In addition, the Eastlake Greens Planned Community offers a mix of housing types and lot
sizes for single-family, townhomes, condominium and various apartment densities to provide a
wide spectrum of housing prices for persons of various incomes.
Analysis
The interior facing subdivision features standard public streets and a 1,200 foot open-ended
cul-de-sac, with pedestrian walks on both sides and adequate maneuvering area for emergency
vehicles.
The 1,200 foot open-ended cul-de-sac exceeds the City standard for cul-de-sac length by 200
feet. However, the City Engineering and Fire Departments approved a waiver to allow the
additional 200 feet. The City Planning Division supports this waiver because the cul-de-sac
will remain open, connecting the project to the community trails along South Greensview
Drive and the homeowners' swim complex located across the same street.
Due to the elongated shape of the lot, a substantial number of rear elevations will be exposed
to the westerly adjacent golf course and the easterly adjacent Hunte Parkway, an arterial road.
To properly enhance these edges, perimeter fencing, as described in the Eastlake Greens
Design Guidelines, as well as landscaping and special architectural treatment on all units
/)-3
Page 4, Item_
Meeting Date 1/5/99
exposed to public view, would be required for the project.
Overall, the proposed subdivision, as conditioned, is in substantial compliance with the
Eastlake II General Development Plan, Eastlake Greens Section Planning Area (SPA) plan,
and all applicable regulations and City policies.
Conclusion
For the reasons noted above, staff recommends approval of the proposed tentative subdivision
map, Chula Vista Tract 99-01, in accordance with the attached City Council Resolution and
subject to the conditions contained therein.
FISCAL IMPACT:
The applicant has paid for all costs associated with the processing of this tentative map.
Attachments
1. Locator Map
2. Planning Commission Resolution and Minutes
3. Disclosure Statement
B,\REPORTS\CC.Ul8
//-'/
RESOLUTION NO.
/9.:502. ?
RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF CHULA VISTA APPROVING AND IMPOSING
CONDITIONS OF THE TENTATIVE SUBDIVISION MAP
FOR EASTLAKE SOUTH GREENS UNIT 18, CHULA
VISTA TRACT NO 99-01
I. RECITALS
A. Project Site
WHEREAS, the area of land commonly known as Eastlake South Greens, Unit
18 Tentative Subdivision Map, Chula Vista Tract 99-01, which is the subject
matter of this resolution, is diagrammatically represented in Exhibit A attached
hereto and incorporated herein by this reference; and for purpose of general
description herein consists of 9.86 acres located on the west side of Hunte
Parkway bordered by South Greensview Drive to the south within the Eastlake
Greens Planned Community and PC zone District ("Project site"); and,
B. Project; Application for Discretionary Approval
WHEREAS, on September 2, 1998 the Eastlake Company ("Developer") filed
a tentative subdivision map application with the Planning Department of the
City of Chula Vista and requested approval of the Tentative Subdivision Map
known as Eastlake South Greens Unit 18, Chula Vista Tract 99-01 in order to
subdivide the Project site into 52 single-family residential lots and two open
space lots ("Project"); and,
C. Prior Discretionary Approvals
WHEREAS, the development of the Project Site has been the subject matter of
I) a General Development Plan, Eastlake II (Eastlake I Expansion) previously
approved by City Council Resolution No. 15198 ("GDP") on July 18, 1989; 2)
the Eastlake Greens Section Planning Area Plan, previously adopted by City
Council Resolution No. 15199 (SPA) on July 18, 1989; 3) an Air Quality
Improvement Plan (Eastlake Greens Air Quality Improvement Plan); 4) a Water
Conservation Plan (Eastlake Greens Water Conservation Plan) and Public
Facilities Financing Plan (Eastlake Greens Public Facilities Financing Plan), all
previously approved by the City Council on November 24, 1992, by Resolution
No. 16898; 5) Eastlake Greens Master Tentative Subdivision map, approved by
Resolution No. 17618; and 6) FEIR 86-04B; and
I
/J--- ~
D. Environmental Review Coordinator Determination
WHEREAS, this Project is a subsequent activity in the development
environmentally evaluated under FEIR 86-04B, that is virtually identical in all
relevant respects, including lot size, lot numbers, lot configurations,
transportation corridors, etc., to the project descriptions in said former
environmental evaluation; and
WHEREAS, the City Environmental Review Coordinator has reviewed the
Project and determined that it is in substantial conformance with the SPA Plan
and the related environmental documents and that the Project would not result
in any new environmental effects that were not previously identified, nor would
the proposed Project result in a substantial increase in severity in any
environmental effects previously identified; and
E. Planning Commission Record on Application
WHEREAS, the Planning Commission held an advertised public hearing on
said project on November II, 1998 and voted 4-0 to recommend that the City
Council approve the Project based upon the findings and subject to the
conditions listed below; and
F. City Council Record of Applications
WHEREAS, a hearing was held at the time and place as advertised on January
5, 1999 in the Council Chambers, 276 Fourth Avenue, before the City Council
and said hearing was thereafter closed.
NOW, THEREFORE, BE IT RESOLVED that the City Council does hereby find,
determine and resolve as follows:
II. PLANNING COMMISSION RECORD
The proceedings and all evidence introduced before the Planning Commission at their
public hearing on this Project held on November II, 1998, and the minutes and
Resolutions resulting therefrom, are hereby incorporated into the record of this
proceeding.
III. CERTIFICATION OF COMPLIANCE WITH CEQA
The City Council hereby finds that the Project implements and falls under the purview
of FEIR 86-04(B) and that no further environmental review is necessary.
IV. CEQA FINDING REGARDING PROJECT WITHIN SCOPE OF PRIOR
2
/1- J;
PROGRAM EIR
The City Council hereby finds that: (I) there were no changes in the Project from the
FEIR 86-04B which would require revisions of said report; (2) no substantial changes
have occurred with respect to the circumstances under which the Project is undertaken
since the previous report; (3) and no new information of substantial importance to the
Project has become available since the issuance and approval of the prior report; and
that, therefore, no new effects could occur or no new mitigation measures will be
required in addition to those already in existence and made a condition for Project
implementation. Therefore, the City Council approves the Project as an activity that is
within the scope of the project covered by FEIR 86-04B.
V. INCORPORATION OF ALL REASONABLE MITIGATION MEASURES AND
AL TERNA T1VES.
The City does hereby readopt and incorporate herein as conditions for this approval all
applicable mitigation measures and alternatives, as set forth in the findings adopted in
FEIR 86-04B.
VI. NOTICE WITH LATER ACTIVITIES
The City Council does hereby give notice, to the extent required by law, that this
Project was fully described and analyzed and is within the scope of FEIR 86-04B
adequately describes and analyzes this project for the purposes of CEQA. Notice on
the FEIR 86-04B was given on December 19, 1995.
VII. TENTATIVE SUBDIVISION MAP FINDINGS
A. Pursuant to Government Code Section 66473.5 of the Subdivision Map Act, the
City Council finds that the Tentative Subdivision Map, as conditioned herein
for Eastlake South Greens Unit 18, Chula Vista Tract No. 99-01 is in
conformance with the Eastlake II General Development Plan, Eastlake Greens
Sectional Planning Area Plan and the elements of the City's General Plan based
on the following:
1. Land Use
The General Development Plan designation is Low/Medium Density Residential
(3-6 dulac) and the SPA allows 54 dwelling units at a density of 5.5 dulac.
The proposed 52 lot subdivision is within the allowable density and permitted
number of dwelling units. Therefore, as conditioned, the Project is in
substantial compliance with the City's General Plan, Eastlake II General
Development Plan (GDP) and Eastlake Greens Section Planning Area (SPA)
plan.
3
11-7
2. Circulation
All of the on-site and off-site public streets required to serve the subdivision
will be constructed or D1F fees paid by the developer in accordance with the
Eastlake Greens Public Facilities Financing Plan and Development Agreement.
The public streets within the Project will be designed in accordance with the
City design standards and/or requirements and provide for vehicular and
pedestrian connections with adjacent streets
3. Housing
Resolution No. 15751 adopted by the City Council on August 7, 1990 requires
the developer to provide ten percent of the total number of units allowed in the
Eastlake Greens Planned Community for low and moderate income households.
In July 1995, the City Council approved a program and the applicant entered
into an agreement for the provision of affordable housing within the Eastlake
Greens Planned Community. The program outlines the required number of low
and moderate income units, the proposed location and the implementation
schedule.
4. Conservation
The Environmental Impact Report FEIR-86-04(B) addressed the goals and
policies of the Conservation Element of the General Plan. The development of
this site is consistent with these goals and policies.
5. Parks and Recreation, Open Space
The Eastlake Greens Section Planning Area (SPA) plan provides public and
private parks, trails and open space consistent with City policies.
6. Seismic Safety
The proposed subdivision is in conformance with the goals and policies of the
Seismic Element of the General Plan for this site.
7. Safety
The Fire Department and other emergency service agencies have reviewed the
proposed subdivision for conformance with City safety policies and have
determined that the proposal meets the City Threshold Standards for emergency
servIces.
4
//-v
8. Noise
Noise mitigation measures included in the Enviromuental Impact Report FEIR-
86-04(B) adequately address the noise policy of the General Plan. The Project
shall be designed so that all dwelling units preclude interior noise levels over
45 dBA and exterior noise exposure to 65 dBA, in accordance with the City's
performance standards.
9. Scenic Highway
The Project is not adjacent to scenic highways.
10. Bicycle Routes
When the street system in the Eastlake Greens planned community was
originally considered, appropriate bicycle lanes were included within the
community. The private streets within the project are of adequate width to
accommodate bicycle travel interior to the site.
11. Public Buildings
No public buildings are proposed on the project site. The Project is subject to
RCT fees prior to issuance of building permits.
B. Pursuant to Section 66412.3 of the Subdivision Map Act, the Council certifies
that it has considered the effect of this approval on the housing needs of the
region and has balanced those needs against the public service needs of the
residents of the City and the available fiscal and enviromuental resources.
C. The configuration, orientation and topography of the site partially allows for
the optimum sitting of lots for passive or natural heating and cooling
opportunities as required by Government Code Section 66473.1.
D. The site is physically suitable for residential development and the proposal
conforms to all standards established by the City for such projects.
E. The conditions herein imposed on the grant of permit or other entitlement
herein contained is approximately proportional both in nature and extent to the
impact created by the proposed development.
BE IT FURTHER RESOLVED that the City Council does hereby approve the
Project subject to the general and special conditions set forth below.
VIII. GENERAL CONDITIONS OF APPROVAL
5
/J /'1
The approval of the foregoing Project is hereby conditioned as follows:
A. Project Site is Improved with Project
Developer, or their successors in interest, shall improve the Project Site with
the Project as described in the Master Tentative Map, Tract No. 88-03,
Resolution No. 15200, Chula Vista Tract No. 99-01, and FEIR 86-04(B)
Mitigation Measures except as modified by this Resolution.
B. Implement Previously Adopted Mitigation Measures Pertaining to the
Project
Developer shall diligently implement, or cause the implementation of all
mitigation measures pertaining to the Project identified in the Final
Environmental Impact Report FEIR 86-04 (B).
C. Implement Previously Adopted Conditions of Approval Pertinent to
Project
Unless otherwise conditioned, developer shall comply with all unfulfilled
conditions of approval of the Eastlake Greens Master Tentative Map, Chula
Vista Tract 88-03, established by Resolution No. 15200 and approved by
Council on July 18, 1989, and shall remain in compliance with and implement
the terms, conditions and provisions of the Eastlake Greens Sectional Planning
Area (SPA) plan, General Development Plan, Planned Community District
Regulations, Water Conservation Plan, Air Quality Improvement Plan,
Residential Design Guidelines and Public Facilities Financing Plan as amended
and as are applicable to the property which is the subject matter of this
tentative map, prior to approval of the Final Map or shall have entered into an
agreement with the City, providing the City with such security (including
recordation of covenants running with the land) and implementation procedures,
as the City may require, assuring that after approval of the Final Map, the
developer shall continue to comply with, remain in compliance with, and
implement such plans.
D. Implement Public Facilities Financing Plan
Developer shall install public facilities in accordance with the Eastlake Greens
Public Facilities Financing Plan, as amended or as required by the City
Engineer, to met threshold standards adopted by the City of Chula Vista. The
City Engineer and Planning Director may, at their discretion, modify the
sequence of improvement construction should conditions change to warrant
such a revision.
6
J/~J!J
E. Design Approval
The applicant shall develop the lots in accordance with the applicable Eastlake
Greens Development Regulations and Design Guidelines. The plans for this
residential project shall be submitted for review and obtain approval under the
City's design review process prior to submittal for building permits.
F. Tentative Subdivision Map Conditions
Prior to approval of the first final map, unless otherwise indicated, the Project
shall:
1. Comply with any and all unfulfilled conditions of approval applicable to
the Eastlake South Greens, Chula Vista Tract 88-03, Tentative Map
established by Resolution No. 15200 approved by Council on July 18,
1989, and amended by Resolution 17618 on August 16,1994.
2. Install public facilities in accordance with the Eastlake South Greens,
Public Facilities Financing Plan as amended or as required by the City
Engineer to meet threshold standards adopted by the City of Chula
Vista. The City Engineer and Planning Director may, at their
discretion, modify the sequence of improvement construction should
conditions change to warrant such a revision.
STREETS. RIGHTS-OF-WAY AND PUBLIC IMPROVEMENTS
3. Design and construct all street improvements in accordance with Chula
Vista Design Standards, Chula Vista Street Standards, and the Chula
Vista Subdivision Manual unless otherwise approved by the City
Engineer. Submit for approval by the City Engineer improvement plans
detailing horizontal and vertical alignment of said streets.
Said improvements shall include, but not be limited to, asphalt concrete
pavement, base, concrete curb, gutter and sidewalk, sewer and water
utilities, drainage facilities, street lights, signs, cul-de-sacs, street
knuckles and fire hydrants.
4. Guarantee prior to approval of the Final Subdivision Map, the
construction of public street improvements (streets, sewer, drainage,
utilities, etc.) deemed necessary to provide service to the subject
subdivision in accordance with City standards.
5. Submit and obtain preliminary approval for proposed street names from
the Director of Planning and the City Engineer. Dedicate to public use,
7
j)~//
the right of way for all streets shown on the Tentative map within the
subdivision.
6. Street light locations shall be approved by the City Engineer.
7. Construct five and one half foot (5 Yz') sidewalks and construct
pedestrian ramps on all walkways to meet or exceed the "Americans
with Disabilities Act" standards.
8. Present written verification to the City Engineer from Otay Water
District that the subdivision will be provided adequate water service and
long term water storage facilities.
9. All streets which intersect other streets at or near horizontal or vertical
curves must meet intersection design sight distance requirements in
accordance with City standards.
10. All sanitary sewer facilities required for development of any lot subject
to Telegraph Canyon Sewer Pumped Flows DIF or Salt Creek Sewer
Basin DIF shall be guaranteed prior to recordation of the Subdivision
Final Map for said lot.
GRADING AND DRAINAGE
II. 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.
12. Storm drain design shall be accomplished on the basis of the
requirements of the Subdivision Manual and the Grading Ordinance
(#1797 as amended).
13. Provide improved access to all storm drain clean outs or as approved by
the City Engineer.
14. Submit to and obtain approval from the City Engineer for an erosion
and sedimentation control plan as part of grading plans.
15. Provide an updated soils report or an addendum to the original
document prepared by a registered engineer, as required by the City
Engineer.
8
)) ~ ) d-
16. Design the storm drains and other drainage facilities to include Best
Management Practices to minimize non-point source pollution,
satisfactory to the City Engineer.
17. 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.
18. Lot lines shall be located at the top of slopes except as approved by the
City Engineer. Lots shall be so graded as to drain to the street or an
approved drainage system. Drainage shall not be permitted to flow over
slopes.
19. All grading and pad elevations shall be within 2 feet of the grades and
elevations shown on the approved tentative map or as otherwise
approved by the City Engineer and Planning Director.
20. Prior to approval of Final Subdivision Map, the Developer shall submit
a list of proposed lots indicating whether the structure will be located on
fill, cut, or a transition between the two situations.
21. The inclination of each cut or fill surface resulting in a slope shall not
be steeper than 2: I ( two horizontal to one vertical) except for minor
slopes as herein defined.
All constructed minor slopes shall be designed for proper stability
considering both geological and soil properties. A minor slope may be
constructed no steeper than one and one-half horizontal to one vertical
(1. 5: I) contingent upon:
a. Submission of reports by both a soils engineer and a
certified engineering geologist containing the results of surface
and subsurface exploration and analysis. These results should be
sufficient for the soils engineer and engineering geologist to
certify that in their professional opinion, the underlying bedrock
and soil supporting the slope have strength characteristics
sufficient to provide a stable slope and will not pose a danger to
persons or property, and
b. The installation of an approved special slope planting program
and irrigation system.
9
// --- ;;J
c. A "Minor Slope" is defined as a slope four (4) feet or less in
vertical dimension in either cut or fill, between single family lots and
not parallel to any roadway.
AGREEMENTS
22. Agree that the City may withhold building permits for the subject
subdivision if anyone of the following occur:
a. Regional development threshold limits set by the East Chula
Vista Transportation Phasing Plan have been reached.
b. Traffic volumes, levels of service, public utilities and/or services
exceed the adopted City threshold standards in the then effective Growth
Management Ordinance.
c. The required public facilities, as identified in the PFFP or as
amended or otherwise conditioned have not been completed or
constructed to satisfaction of the City. The developer may propose
changes in the timing and sequencing of development and the
construction of improvements affected. In such case, the PFFP may be
amended as approved by the City Planning Director and Public Works
Director.
23. Agree to defend, indemnify and hold harmless the City and its agents,
officers and employees, from any claim, action or proceeding against
the City, or its agents, officers or employees to attack, set aside, void or
annul any approval by the City, including approval by its Planning
Commission, City 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.
24. Agree to hold the City harmless from any liability for erosion, siltation
or increase flow of drainage resulting from this project.
25. Agree to ensure that all franchised cable television companies ("Cable
Company") are permitted equal opportunity to place conduit and provide
cable television service to each lot within the subdivision. Restrict
access to the conduit to only those franchised cable television companies
who are, and remain in compliance with, all of the terms and conditions
10
/)/ /'/
of the franchise and which are in further compliance with all other rules,
regulations, ordinances and procedures regulating and affecting the
operation of cable television companies as same may have been, or may
from time to time be issued by the City of Chula Vista.
OPEN SPACE/ASSESSMENTS
26. Grant an Irrevocable Offer of Dedication (lOD), on the Final Map for
Open Space Lots A and B within the subdivision.
27. Provide written verification to the satisfaction of the City Engineer and
Director of Planning and Building that all improvements located on
open space lots "A" and "B" will be incorporated into and maintained
by the existing Eastlake Homeowners Association.
28. Pay all costs associated with apportionment of assessments for all City
assessment districts as a result of subdivision of lands within the
boundary. Submit an apportionment form and provide a deposit to the
City estimated at $4,050.00 ( $25 per lot X 54 lots X 3 districts) to
cover costs.
29. Submit all Special Tax and Assessment disclosure forms for the
approval of the City Engineer.
30. Comply with the terms and conditions of the AcquisitionlFinancing
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.
31. The Developer shall be responsible for street trees in accordance with
Section 18.28.10 of the Chula Vista Municipal Code. The applicant
shall provide root control methods where necessary as approved by the
Director of Public Works or designee and the Director of Planning or
designee.
32. Maintenance of all facilities and improvements within open space areas
covered by home owners associations shall be covered by CC&Rs to be
submitted and approved by the Engineering Department prior to
approval of the associated final map.
33. All utilities which service open space shall be located within the open
space or within dedicated City right-of-way.
II
))~/5
34. For walls which are located within the open space maintenance district,
owners of adjoining lots shall sign a statement when purchasing their
homes that they are aware that the wall is on Open Space property and
that they may not modify or supplement the wall or encroach onto Open
Space property. These restrictions shall also be reflected in the CC&Rs
for each lot, and a copy of said restrictions shall be provided to the City
for its approval.
EASEMENTS
36. Grant on the final map a minimum 15' wide easement to the City of
Chula Vista for construction and maintenance of sewer facilities within
Open Space Lot B.
37. Grant on the final map minimum 15' wide easements to the City of
Chula Vista for construction and maintenance of storm drain facilities
within Open Space Lot B and Lot 30.
38. Grant to the City a 5.5 foot wide street tree planting and maintenance
easement along all public streets within the subdivision. Said easement
shall extend from the property line and shall contain no slope steeper
than 5: 1 ( horizontal to vertical ratio ).
MISCELLANEOUS
39. The Declaration of Covenants, Conditions and Restrictions shall include
provisions assuring maintenance of all open space areas as applicable,
streets, driveways, drainage and sewage systems which are private. The
City of Chula Vista shall be named as party to said Declaration
authorizing the City to enforce the terms and conditions of the
Declaration in the same manner as any owner within the subdivision.
40. Submit copies of Final Maps in a digital format such as (DXF) graphic
file prior to approval of each Final Map. Provide Computer Aided
Design (CAD) copy of the Final Map based on accurate coordinate
geometry calculations and submit the information in accordance with the
City Guidelines for Digital Submittal in duplicate on 5-1/4" HD or 3-
1/2" disks. Submit as-built improvement and grading plans in digital
format. Provide security to guarantee the ultimate submittal of
improvements and grading digital files. Update electronic files after any
construction pen and ink changes to the grading or improvement plans
and resubmit to the City.
12
)J~/ ?
41. Tie the boundary of the subdivision to the California System - Zone VI
(1983).
CODE REOUlREMENTS
42. Comply with all applicable sections of the Chula Vista Municipal Code.
Preparation of the Final Map and all plans shall be in accordance with
the provisions of the Subdivision Map Act and the City of Chula Vista
Subdivision Ordinance and Subdivision Manual.
43. Underground all utilities within the subdivision in accordance with
Municipal Code requirements.
44. Pay all applicable fees in accordance with the City Code and Council
Policy, including, but not limited to, the following:
The Transportation and Public Facilities Development Impact
Fees.
Signal Participation Fees.
c. All applicable sewer fees, including but not limited to sewer
connection fees.
d. SR-125 impact fee.
e. Telegraph Canyon Pump Sewer Fee.
Salt Creek Sewer Basin Fee.
45. The developer shall comply with all relevant Federal, State, and Local
regulations, including the Clean Water Act. The developer shall be
responsible for providing all required testing and documentation to
demonstration said compliance as required by the City Engineer.
All fire hydrants shall be installed and operable and 20' fire access
roads shall be usable prior to delivery of any combustible construction
materials.
47. Design all dwelling units to preclude interior noise levels over 45 dBA
and shield all exterior private open space to limit noise exposure to 65
dBA.
13
//-/7
48. Development of the subdivision shall comply with all applicable
regulations established by the United States Environmental Protection
Agency (USEPA) as set forth in the National Pollutant Discharge
Elimination System (N.P.D.E.S.) permit requirements for urban runoff
and storm water discharge and any regulations adopted by the City of
Chula Vista pursuant to the N.P.D.E.S. regulations or requirements.
Further, the applicant shall file notice of intent with the State Water
Resources Control Board to obtain coverage under the N.P.D.E.S.
General Permit for Storm Water Discharges Associated with
Construction Activity and shall implement a Storm Water Pollution
Prevention Plan (SWPPP) concurrent with the commencement of
grading activities. The SWPPP shall include both construction and post
construction pollution prevention and pollution control measures and
shall identify funding mechanisms for post construction control
measures.
IX. CONSEQUENCE OF FAILURE OF CONDITIONS
If any of the foregoing conditions fail to occur, or if they are, by their terms, to be
implemented and maintained over time, if any of such conditions fail to be so
implemented and maintained according to their terms, the City shall have the right to
revoke or modify all approvals herein granted, deny, or further condition issuance of
all future building permits, deny, revoke, or further condition all certificates of
occupancy issued under the authority of approvals herein granted, institute and
prosecute litigation to compel their compliance with said conditions or seek damages
for their violation. No vested rights are gained by Developer or a successor in interest
by the City's approval of this Resolution.
X. INVALIDITY; AUTOMATIC REVOCATION
It is the intention of the City Councihhat its adoption of this Resolution is dependent
upon the enforceability of each and every term, provision and condition herein stated;
and that in the event that anyone or more terms, provision, or conditions are
determined by a Court of competent jurisdiction to be invalid, illegal or unenforceable,
this resolution shall be deemed to be automatically revoked and of no further force and
effect ab initio.
Presented by
Approved as to form by
Robert A. Leiter
Planning Director
~~~
John M. Kaheny
City Attorney
J/~/~
14
~
ATTACHMEJJT
1-
EASTLAKE
COUNTRY CLUB
~ FUTURE
EASTLAKE TRAILS\
PROJECT
lOCATION
CH U LA VISTA PLANNING & BUILDING DEPARTMENT
LOCATOR PROJECT The Eastlake Company PROJECT DESCRIPTION:
C) APPLlCAN-r. Tentative Subdivision Map
PROJECT Easllake Unit 18 Request: Proposal for the subdivision of a 9.8 acre site into
ADDRESS: 52 residential lots and 2 open space lots.
SCALE: FILE NUMBER: ////;
NORTH No Scale PCS-99-01
h:lhomelplanninglcarlosllocatorslpcs9901.cdr 10/30/98
A TrflC t1ME;vT 2
RESOLUTION NO. PCS 99-01
RESOLUTION OF THE CITY OF CHULA VISTA PLANNING
COMMISSION RECOMMENDING THAT THE CITY COUNCIL
APPROVE THE TENTATIVE SUBDIVISION MAP FOR EASTLAKE
SOUTH GREENS UNIT 18, CHULA VISTA TRACT 99-01, WITHIN THE
EASTLAKE GREENS PLANNED COMMUNITY AND PC ZONE
DISTRICT
WHEREAS, a duly verified application for a tentative subdivision map was filed with
the Planning Department of the City ofChula Vista on September 2, 1998 by The Eastlake
Company ("Developer"); and,
WHEREAS, said application requests approval to subdivide 9.86 acres into 52
residential lots and two open space lots ("Project"); and,
WHEREAS, the property is located on the west side of Hunte Parkway bordered by
South Greensview Drive to the south within the Eastlake Greens Planned Community and P-C
Zone District; and,
WHEREAS, the Environmental Review Coordinator has determined that the project falls
under the purview ofFEIR-86-04(B) and that no further environmental review is necessary; and,
WHEREAS, the Planning Commission has previously considered FEIR-86-04(B) and,
therefore, no further environmental action by the Commission is necessary; and
WHEREAS, the Planning Director set the time and place for a hearing on the tentative
map and notice of said hearing, together with purpose, was published in a newspaper of general
circulation in the city and mailed to property owners and tenants within 500 feet of the exterior
boundaries of the property at least 10 days prior to the hearing; and,
WHEREAS, the hearing was held at the time and place as advertised, namely 7:00 p.m.,
November II, 1998 in the Council Chambers, 276 Fourth Avenue, before the Planning
Commission and said hearing was thereafter closed.
NOW, THEREFORE, BE IT RESOLVED THAT THE PLANNING
COMMISSION hereby recommends that the City Council adopt the attached draft City Council
Resolution approving the Tentative Subdivision Map for Chula Vista Tract 99-01 in accordance
with the findings and subject to the conditions contained therein.
BE IT FURTHER RESOLVED THAT a copy of this resolution be transmitted to the
City Council.
J)~>>
PASSED AND APPROVED BY THE PLANNING COMMISSION OF THE CITY OF
CHULA VISTA, CALIFORNIA, this 11th day of November, 1998, by the following vote, to-
wit:
AYES:
Davis, O'Neill, Ray, Willett
NOES:
ABSENT:
Aguilar, Tarantino, Thomas
Patty Davis, Chair
ATTEST:
Diana Vargas, Secretary
J/~;2-/
MINUTES OF THE
CITY PLANNING COMMISSION OF
CHULA VISTA, CALIFORNIA
7:00 p.m.
Wednesday, November 11, 1998
Council Chambers
Public Services Building
276 Fourth Avenue, Chula Vista
ROll CALUMOTIONS TO EXCUSE:
Present:
Chair Davis, Commissioners Ray, Willett and O'Neill
Absent:
Commissioners Aguilar, Thomas and Tarantino
Staff Present:
Robert Leiter, Director of Planning and Building
Rick Rosaler, Principal Planner
Doug Reid, Environmental Coordinator
Marilyn Ponseggi, Consultant
Luis Hernandez, Acting Senior Planner
Kimberly Vander Bie, Assistant Planner
Alex AI-Agha, Senior Civil Engineer
Ann Moore, Senior Assistant City Attorney
Elizabeth Hull, Deputy City Attorney
MSC (Willett/O'Neill) to excuse Commissioners Aguilar, Thomas and Tarantino who made previous
notification of their absence. Motion carried.
PLEDGE OF ALLEGIANCE/SILENT PRAYER
INTRODUCTORY REMARKS:
Read into the record by Chair Davis
APPROVAL OF MINUTES:
None
ORAL COMMUNICATIONS:
None
AT STAFF'S REQUEST, ITEMS WILL BE HEARD OUT OF SEQUENCE.
1. PUBLIC HEARING: PCS 99-01; Consideration of a Tentative Subdivision Map known as Eastlake South
Greens, Unit 18, Chula Vista Tract 99-01, involving 52 single-family and two open
space lots on 9.86 acres located on the northwest corner of Hunte Parkway and
South Greensview Drive - The Eastlake Company.
Kimberly Vander Bie, Assistant Planner gave a brief overview of the project and stated that the pro~osed
tentative map consists of subdividing 9.86 acres into 52 single-family lots along a single street, and two open
space lots. The project is basically the continuation of-the northerly adjacent residential neighborhood, Which
consists of 40 residential lots along a single street (Indian Creek Drive), originating at Clubhouse Drive.
)J-;L,:}...
Planning Commission Meeting
- 2-
November 11, 1998
The proposed street between Parcels R-27 and R-18 would provide access to Hunte Parkway from both
subdivisions. Indian Creek Drive, which originates at Clubhouse Drive, would be extended south
approximately 1,200 feet, ending in an open-ended cul-de-sac that will provide an uninterrupted view of the
park to the south and will allow for a pedestrian walkway to South Greensview.
A connection to Hunte Parkway will be provided by this east-west street and the average lot dimensions are
53 x 101 and the average lot area is 5,505 square feet.
The rear elevations of the homes will back along Hunte Parkway or the Eastlake Golf Course and will be
subject to design review and approval by the Zoning Administrator. Hunte Parkway is designated as a scenic
highway and the use of single-story structures is encouraged to avoid a walled-in effect and a solid theme fence
will be required as well as a theme fence golf course view fence will be required along the golf course.
Staff Recommendation: That the Planning Commission adopt resolution recommending approval of the
Tentative Subdivision Map Eastlake South Greens Unit 18, Chula Vista Tract 99-01 in accordance with the
findings and subject to the conditions contained in the City Council Resolution.
PUBLIC HEARING OPENED 8:00
No public input.
PUBLIC HEARING CLOSED 8:00
MSC (Willett/Ray) (4-0-3) that the Planning Commission adopt resolution recommending approval of the
Tentative Subdivision Map Eastlake South Greens Unit 18, Chula Vista Tract 99-01 in accordance with the
findings and subject to the conditions contained in the City Council Resolution and include corrections to
the lot size dimension. Motion carried.
4. PUBLIC HEARING: PCS-99-02; Consideration of a Tentative Subdivision Map for condominium purposes
dividing Neighborhood R-46 into 28 residential and one open space lots for a 117
unit multi-family residential development in Otay Ranch Village 5 - Cornerstone
Communities.
Background: Martin Miller, Acting Senior Planner reported that the applicant is proposing to subdivide
neighborhood R-46 into 19 residential, two common, seven circulation and one open space lots for a tbtal of
29 lots in order to construct 117 condominium units on the northwest corner of East Palomar Street and Santa
Cora Avenue. The project will consist of 39 tri-plex units in various configurations built on lots that will be
created as a result of the Tentative Subdivision Map PCS 99-02.
Staff concludes that PCS 99-02 implements the General Development Plan, SPA 1 Plan and related documents
creating single-family attached units with air space condominium rights.
Staff Recommendation: That the Planning Commission recommend to the City Council approval of the project
pursuant to the City Council Resolution.
Commission Discussion:
1/-23
TIlE urY OF CHULA VISTA DISCLOSURE SJATEMENT A7TiJCIfMG"AJT ---3
You arc re~uired 10 file a Slalemenl of Disclosure of [ertain ownership or financial inlercsls, paymenls, or ~mpaign
conlrihulions, on all mailers which will require discretionary action on the part 01 the City Council, Planning Commi".ion, and
all other olfieial bodies. The lollowing Inlormation must be disclosed:
I. liS! the namcs 01 all persons having a finandal interest in Ihe property which is the subjeCt of the application or the
cOntracl, e.g., owner, applicant; rontraclOr, subcontraclOr, material supplier.
-rllt: f"AS/!4j(e (11.. at
/
2. If any person' identified pursuant to (I) above is a corporation or partnership. liS! the names of all individuals owning
more than 10% of the shares in the corporation or owning any partnership intercst in the partnership.
J. If any person' identified pursuant to (I) above is non-profit organi7.alion or a trust, Iisl the namcs of any person
serving as director of the non-profil organilAtion or as trustee or benefidary or trustor of the trust.
4. Have you had more than $250 worth of business transacted with any member of the City slaff, Boards, Commissions.
Commillees, and Council within the past twelve months'! Ycs_ No x: II yes, please indicate person(s)1 _
5. Please identify each and every person, including any agents, employecs, consultanls, or independent contraclOrs who
you have assigned 10 represent you before the City in this mailer.
[/"(Qr() J A;SJ{)(JMES
1(()f?U Mffi//l ~ C. 6
6. Have you and/or your officers or agents, in the aggregate, contributed more than $1,000 to a Councilmembcr in the
current or preceding election period'! Yes_ No-'L. If ycs, Slate which Councilmember(s):
, , , (NOTE:
^'- """... ~27f4:
Sig re of contractor/applicant
Dale:
g - zg- 1-S
William T. Ostrem/The EastLake Co.. LLC
. J Print or type name of contractor/applicant
, ~ is defitled as: ':-tl~ itldMdu"l. fintl. w-p"'lIIm/Oip. 1001II.'a,.:! ~,:,i/;;.f,>Ci"1 club. fr",e","1 '''8"tlu.llint, wrpo,",int, <:stOle, '""'4 receiver. ')'IulieDIe.
this alld allY otller COUllty, ciry alld coum,y, l"ity Immmpaliry. dirtrirl, or otht.T politlcul .rtJbdi\'uioll, or allY villi" gmup or combinGlioll aCling ar a WI;L ..
COF\CIL AGE\DA STA THIE\T
Item / c<:
Meeting Date 1/5/99
ITEM TITLE: 11, Resolution /9.2 fI/J of the City Council of the City ofChula Vista,
California, approving the amended Council Policy No. 505-02 (Early liening
assessment procedure and origination charge policy)
/]/
Resolution /9.2 i I of the City Council of the City of Chula Vista,
California, approving the Second Amended Acquisition/Financing Agreement
for Assessment District No. 97-2 (Otay Ranch, Village One).
Resolution /9:2 '6:2.. of the City Council of the City ofChula Vista,
California, Authorizing and providing for the issuance of limited obligation
improvement bonds, approving the form of Bond Indenture, Bond Purchase
Contract and other documents and authorizing certain actions in connection
therewith.
c.
SL'B:\IITTED BY:
Director of Public Warks /! A/
Director of Finance if?'"
REnEWED BY:
1./
City Manager{;;' ~
. - --;J'
.r-
(4/5ths Vote: Yes_\o X)
Staff recommends that this item be continued to meeting of January 19. 1999.
-
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