HomeMy WebLinkAboutAgenda Packet 1996/11/19
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Relffilar M in!! of the City of ChuIa Vista City Council
Council Chambers
Public Services Building
CALL TO ORDER
1.
ROLL CALL:
Councilmembers A1evy _, Moot _, Padilla _, Rindone _' and
Mayor Horton _'
2. PLEDGE OF ALLEGIANCE TO THE FLAG. MOMENT OF SILENCE
3.
APPROVAL OF MINlITES:
August 20, 1996 (City Council Meeting), August 20, 1996 (Joint
Meeting of lbe City Council/Redevelopment Agency), September 17,
1996 (Special Meeting of the City Council), October 22, 1996 (City
Council Meeting), and November 5, 1996 (City Council Meeting).
4. SPECIAL ORDERS OF THE DAY:
a. A proclamation "Commending Citizens Against Alcohol Abuse" will be presented to Stephen
Zolezzi, Chairman of Citizens Against Alcohol Abuse, by Mayor Horton.
b. A proclamation "Commending Elite Racing" will be presented to Tim Murphy, President of Elite
Racing, by Mayor Horton.
c. County of San Diego Solid Waste Update by Supervisor Greg Cox.
*****
Effective April 1, 1994, there have been new amendments to the Brown Act. The City Council must now
reconvene into open session to report any final actions taken in closed session and to adjourn the meeting.
Because of the cost involved, there will be no videotaping of the reconvened portion of the meeting. However,
final actions reported will be recorded in the minutes which will be available in the City Clerk's Office.
*****
CONSENT CALENDAR
(Items 5 through 8)
The staff recommendations regarding the following items listed under the Consent Calendar will be enacted by
the Council by one motion without discussion unless a Councilmember, a member of the public or City staff
requests that the item be pulled for discussion. If you wish to speak on one of these items, please fill out a
"Request to Speak Form" available in the lobby and submit it to the City Clerk prior to the meeting. (Complete
the green form to speak in favor of the staff recommendation; complete the pink form to speak in opposition to
the staff recommendation.) 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 Acting City Attorney stating that there were no reportable actions taken in
Closed Session on 11/12/96. It is recommended that the letter be received and filed.
b. Letter from the Building Industry Association of San Diego County regarding Chula Vista's
Development Impact Fees.
Agenda
-2-
November 19, 1996
6.A. ORDINANCE 2692 AMENDING SECTION 9.12.160 OF THE MUNICiPAL CODE
RELATING TO BINGO LICENSE TAXES (first readine) - Assembly Bill
2770, which is effective 1/1/97, prohibits cities from taxing the gross receipts
of bingo games. The Municipal Code currently imposes a tax of one percent on
montbly bingo receipts in excess of $5,000, as authorized by State law. As of
January 1, cities will no longer be authorized to charge this tax. In its place AB
2770 authorizes cities to charge a $50 annual bingo license renewal fee. Staff
recommends Council place the ordinance on first reading and approve the
resolution. (Director of Finance)
B. RESOLUTION 18498 AMENDING THE MASTER FEE SCHEDULE TO INCREASE THE
ANNUAL FEE FOR BINGO LICENSE RENEWAL FROM $10 TO $50
7. RESOLUTION 18499 APPROPRIATING $5,000 FROM UNANTICIPATED REVENUES FOR
PURCHASE OF A COMPUTER AND RELATED EQUIPMENT TO BE
REIMBURSED TO THE GENERAL FUND FROM THE SAN DIEGO
REGIONAL AUTO THEFT TASK FORCE (RATT) - As compensation for
the additional vehicle theft and recovery information entered by participating
agencies for the RATT Computerized Vehicle Data Model, RATT will
reimburse each member agency involved with the project up to $5,000 for
computer hardware, software and related training. Staff recommends approval
of the resolution. (Chief of Police) 4/5th's vote required.
8. RESOLUTION 18500 AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT WITH
THE COUNTY OF SAN DIEGO FOR RECEIPT OF FINANCIAL
ASSISTANCE IN THE AMOUNT OF $6,500 TO SUPPORT THE
DESIGNATION OF CHULA VISTA HARBOR AS THE SOUTHERN
HOME PORT OF THE TALL SHIP CALIFORNIAN - The City's agreement
with the Nautical Heritage Society to designate Chula Vista Harbor as the
southern home port of the tall ship Californian requires that the City make a
$27,665 grant in fiscal year 1996/97 to the ship's organization. In consideration
of the value of the ship as a shared community asset, the County has allocated
$6,500 in its Community Enhancement Funds to support this service. Staff
recommends approval of the resolution. (Public Information Coordinator)
* * * END OF CONSENT CALENDAR * * *
PUBLIC HEARINGS AND RELATED RESOLUTIONS AND ORDINANCES
The following items have been advertised and/or posted as public hearings as required by law. If you wish to
speak to any item, please fill out the "Request to Speak Form" available in the lobby and submit it to the City
Clerk prior to the meeting. (Complete the green form to speak in favor of the staff recommendation; complete
the pink form to speak in opposition to the staff recommendation.) Comments are limited to five minutes per
individual.
9.
PUBLIC HEARING
CONSIDERING ABATING THE CALENDAR YEAR 1997 BUSINESS
LICENSE TAX RATES TO RETAIN THEM AT THE CURRENT
CALENDAR YEAR 1996 LEVELS - The Business License Tax ordinance is
structured so that the business license tax rates increase annually unless Council
takes action to abate them each year. Since 1991, tax rates have remained the
same due to annual abatements. Since the tax rates have not been increased, the
taxes would more than double for the vast majority of businesses on 1/1/97
unless abated to a lower level. Staff recommends approval of the resolution.
(Director of Finance)
Agenda
-3-
November 19, 1996
RESOLUTION 18501 ABATING THE BUSINESS LICENSE TAX RATES FOR CALENDAR
YEAR 1997, HOLDING CALENDAR YEAR 1997 TAX RATES AT THE
CURRENT CALENDAR YEAR 1996 LEVELS, WITH THE EXCEPTION
OF NEW BUSINESSES SUBJECT TO THE FIRST YEAR $25 TAX
RATE, WHO DO NOT APPLY FOR A BUSINESS LICENSE WITHIN 30
DAYS OF BUSINESS COMMENCEMENT, FOR WHICH THE TAX
WILL BE ABA TED TO $50
10. PUBLIC HEARING ZA V-96-12; APPEAL FROM PLANNING COMMISSION DENIAL OF A
REQUEST FOR A VARIANCE TO INCREASE THE HEIGHT OF A
ROOFTOP SIGN FROM 35 FEET TO 42 FEET FOR THE
COMMERCIAL BUILDING LOCATED AT 396 "E" STREET IN THE C- T
THOROUGHFARE COMMERCIAL ZONE - MARTIN ALTBAUM - This
is an appeal from the Planning Commission's denial of a request for a variance
to allow the construction of a rooftop sign to 42 feet in height for the
commercial building located at 396 "E" Street, within the CoT Thoroughfare
Commercial zone. The CoT zone limits the height of rooftop signs to 35 feet
above grade. At the reuuest of the aDDlicant. staff recommends that the
Dublic hearimr be continued to the meetimr of 12/10/96. (Director of
Planning)
11.A. RESOLUTION 18416 APPROVING A RESOURCE CONVEYANCE AGREEMENT FOR THE
OT A Y RANCH SPA ONE, TRACT 96-04 - (This is a related item. but does
not reuuire a Dublic hearimr)
B. RESOLUTION 18417 APPROVING AN INDEMNIFICATION AGREEMENT WITH VILLAGE
DEVELOPMENT FOR TRACT 96-04 - (This is a related item. but does not
reuuire a Dublic hearimt)
C. PUBLIC HEARING PeS 96-04: CONSIDERATION OF A REVISED TENTATIVE
SUBDIVISION MAP FOR THE OT A Y RANCH SPA ONE, TRACT 96-04
GENERALLY LOCATED SOUTH OF TELEGRAPH CANYON ROAD
BETWEEN PASEO RANCHERO AND THE FUTURE SR-125
ALIGNMENT AND EXCLUDING 288 ACRES IN ASSESSOR PARCEL
NUMBER (APN) 642-060-11 AND A PORTION OF APN 642-080-11 - Adopt
a Second Addendum to FEIR 95-01 and recertify FEIR 95-01 and the First
Addendum for the Otay Ranch SPA One and Tentative Subdivision Map for
Village One and Phase I-A of Village Five of the Otay Ranch SPA One, Chula
Vista Tract 96-04, in accordance with the findings and subject to the conditions
contained in the draft resolution. Staff recommends approval of the resolutions.
(Otay Ranch Manager) Continued from the meeting of 11/12/96.
D. RESOLUTION 18398 ADOPTING THE SECOND ADDENDUM TO AND CERTIFYING FINAL
ENVIRONMENTAL IMPACT REPORT FEIR 95-01 (SCH #95021012)
AND FIRST ADDENDUM READOPTING THE STATEMENT OF
OVERRIDING CONSIDERATIONS AND THE MITIGATION
MONITORING AND REPORTING PROGRAM FOR THE FEIR AND
APPROVING A REVISED TENTATIVE SUBDMSION MAP FOR
PORTIONS OF THE OT A YRANCHO SPA ONE, CHULA VISTA TRACT
96-04, AND MAKING THE NECESSARY FINDINGS AND CONTINUING
ALTERNATIVE TENTATIVE MAP PROPOSALS
Agenda
-4-
November 19, 1996
12.
PUBLIC HEARING
ADOYfING OTAY RANCH PRE-ANNEXATION DEVELOPMENT
AGREEMENT WITH VILLAGE DEVELOPMENT - An amendment to the
development agreement to further guarantee infrastructure improvements where
the developer wants to create parcels for sale prior to finalizing the final
subdivision map. The amendment also addresses future problems with regard
to any debt payment that might be levied to make public improvements or should
development be only partially completed on any particular project due to any
stoppage of work especially due to a bankruptcy action. Staff recommends
Council place the ordinance on first reading. (Deputy City Manager, Planning
Director, and Otay Ranch Manager) Continued from the meeting of 11/12/96.
ORDINANCE 2691
AMENDING OTAY RANCH PRE-ANNEXATION DEVELOPMENT
AGREEMENT BETWEEN OTAY RANCH, L.P., A CALIFORNIA
LIMITEDPARTNERSffiP, VILLAGE DEVELOPMENT , A CALIFORNIA
GENERAL PARTNERSffiP, AND THE CITY OF CHULA VISTA (first
readin!!)
ORAL COMMUNICATIONS
This is an opportunity for the general public to address the City Council on any subject matter within the
CouncU'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 any issues not included on the posted agenda.) If you wish to
address the Council on such a subject, please complete the yellow "Request to Speak Under Oral Communications
Form" available in the lobby and submit it to the City Clerk prior to the meeting. Those who wish to speak,
please give your name and address for record purposes and follow up action. Your time is limited to three
minutes per speaker.
BOARD AND COMMISSION RECOMMENDATIONS
This is the time the City Council will consider items which have been forwarded to them for consideration by one
of the City's Boards, Commissions and/or Committees.
None submitted.
ACTION ITEMS
The items listed in this section of the agenda are expected to elicit substantial discussions and deliberations by
the Council, staff, or members of the general public. The items will be considered individually by the Council
and staff recommendations may in certain cases be presented in the alternative. Those who wish to speak, please
fill out a "Request to Speak" form available in the lobby and submit it to the City Clerk prior to the meeting.
Public comments are limited to five minutes.
13. RESOLUTION 18494 DISSOLVING THE COUNCIL APPOINTED INTERIM BECA BOARD-
On 8/22/95, Council approved an Interim BECA Advisory Board represented
by 11 organizations/individuals. These organizations/individuals were
recommended by staff to provide a mix of public and private entities who are
stakeholders in the regional BECA alliance. The Board's contributions include
working with staff in the areas of coordinating and leveraging regional
resources, enhanced program marketing, and providing technical advice. These
functions may be best served by the Board continuing to act in an advisory
capacity to the BECA program and staff. For the purposes of legal clarification,
staff is recommending the existing Interim Board, as appointed by Council, be
dissolved and the new Board membership be selected by staff. Staff
recommends approval of the resolution. (Director of Community Development)
Continued from the meeting of 11/12/96.
Agenda
-5-
November 19, 1996
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.
Public comments are limited to five minutes per individual.
OTHER BUSINESS
14. CITY MANAGER'S REPORTfS)
a. Scheduling of meetings.
15. MAYOR'S REPORTfS)
16. COUNCIL COMMENTS
Councilmember Alevy
a. Issuance of subpoenas for public hearings regarding enforceability of Chuta Vista's Campaign
Ordinance.
ADJOURNMENT
The meeting will adjourn to (a closed session and thence to) the regular City Council meeting on November 26,
1996 at 6:00 p.m. in the City Council Chambers.
A Joint Meeting of the City Council/Redevelopment Agency will be held immediately following the City Council
Meeting.
*****
CLOSED SESSION
Unless the City Attorney, the City Manager or the City Council states otherwise at this time, the Council will
discuss and deliberate on the following items of business which are permitted by law to be the subject of a closed
session discussion, and which the Council is advised should be discussed in closed session to best protect the
interests of the City. The Council is required by law to return to open session, issue any reports of final action
taken in closed session, and the votes taken. However, due to the typical length of time taken up by closed
sessions, the videotaping will be terminated at this point in order to save costs so that the Council's return from
closed session, reports of final action taken, and adjournment will not be videotaped. Nevertheless, the report
of final action taken will be recorded in the minutes which will be available in the City Clerk's Office.
17. CONFERENCE WITH LEGAL COUNSEL REGARDING:
1. Existing litigation pursuant to Government Code Section 54956.9
. Christopher vs. the City of Chula Vista.
. SNMB, L.P. vs. the City of Chula Vista and MCA.
Agenda
-6-
November 19, 1996
2. Anticipated litigation pursuant to Government Code Section 54956.9
. Metro sewer issues.
PUBLIC EMPLOYEE RELEASE - Pursuant to Government Code Section 54957
CONFERENCE WITH LABOR NEGOTIATOR - Pursuant to Government Code Section 54957.6
. Agency negotiator: John Goss or designee for CVEA, WCE, POA, lAPF, Executive
Management, Mid-Management, and Unrepresented.
Employee organization: Chuta Vista Employees Association (CVEA) and Western Council of
Engineers (WCE), Police Officers Association (POA) and International Association of Fire
Fighters (lAPF).
Unrepresented employee: Executive Management, Mid-Management, and Unrepresented.
18. REPORT OF ACTIONS TAKEN IN CLOSED SESSION
*****
November 6, 1996
FROM:
Carla Griffin, City Clerk's office
Patricia salvacio;f'MaYOr/council office
MEMO TO:
SUBJECT:
SPECIAL ORDERS OF THE DAY - NOVEMBER 19, 1996
Please docket the following proclamation for the City Council meeting on
November 19, 1996:
COMMENDING CITIZENS AGAINST ALCOHOL ABUSE
Stephen Zolezzi, Chairman of Citizens Against Alcohol Abuse will be accepting the
proclamation.
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OlY OF
CHUlA VISTA
OFFICE OF THE MAYOR
SHIRLEY HORTON
November 13, 1996
FROM:
Carla Griffin, City Clerk's office
Patricia salvacion~ Mayor/Council office
MEMO TO:
SUBJECT:
SPECIAL ORDERS OF THE DAY - NOVEMBER 19, 1996
Please docket the following proclamation for the City Council meeting on
November 19, 1996:
COMMENDING ELITE RACING
Tim Murphy, President of Elite Racing will be accepting the proclamation.
Thank You.
Lf}J / /
276 FOURTH AVENUE' CHULA VISTA' CALIFORNIA 91910' (619) 691.5044' FAX (619) 476.5379
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CllY Of
CHULA VISTA
OFFICE OF THE CITY A TIORNEY
Date:
November 13, 1996
To:
The Honorable
Mayor and City Council
Acting City AttorneyO\~1
From:
Ann Y. Moore,
Re:
Report Regarding Actions Taken in Closed Session
for the Meeting of 11/12/96
The city Council met in Closed Session to discuss Metro Sewer,
Public Employee Release and SNMB, L.P. v. the City of Chula vista.
The Acting city Attorney hereby reports to the best of her
knowledge from observance of actions taken in the Closed Session of
November 12, 1996, there were no actions that are required to be
reported under the Brown Act.
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276 FOURTH AVENUE' CHULA VISTA' CALIFORNIA 91910 . (619) 691-5037 . FAX (619) 585-5612
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BUILDING INDUSTRY
ASSOCIATION OF
SAN DIEGO COUNTY
6336 Greenwich Drive, Suite A
San Diego, CA 92122.5994
(619) 450-1221
FAX No. (619) 552-1445
PRESIDENT
lanM.GiII
Highland Partnership, Inc.
VICE PRESIDENT
Chris J. Chambers
Continental Homes
TREASURER
Mark McMillin
McMillin Companies
SECRETARY
Mick Pattinson
Barratt American
IMMEDIATE PAST
PRESIDENT
Daren A. Groth
The PacificHeritage
Company
EXECUTIVE
VICE PRESIDENT
Paul A. Tryon
Califomia Building
Industry Association
National Association
of Home Builders
SPONSOR OF THE
1996 Tour d'Elegance
November 4, 1996
Mayor Shirley Horton
Councilmember John Moot
Councilmember Steve Padilla
Councilmember Jerry Rindone
Councilmember Scott Alvey
RE: Status of Fee Accountability Review for City of Chula Vista
Dear Mayor Horton and Members of the Council:
Over the course of the past year, we have written periodically to keep you
informed of our progress associated with the Fee Accountability Project
The scope of the project as you may recall, is the evaluation of local
jurisdictions' compliance with state law regarding the accounting, reporting
and expenditure of Development Impact Fees This evaluation is being
conducted in a phased approach to accommodate an analysis of all San Diego
County jurisdictions entrusted with the responsibility for administering funds
generated from new development activity.
Due to the scope of activity and associated revenues, the city of Chula Vista
was included in Phase One. Other Phase One cities include: Oceanside,
Escondido, Carlsbad and Poway.
The purpose of this correspondence is to advise you of our results and serve
notice that the findings will be incorporated into a phase one report. Although
completed in advance of the elections, we intentionally withheld distribution of
this report until the week of November 11th. This was done to remove politics
as much as possible from a subject that is deserving of our focused attention.
We appreciate the opportunity to share the results of our evaluation and
encourage your thoughtful review.
WRI1'~rEr~
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Our Findings:
. Upon obtaining the initial requested information, it became clear that the city of Chula
Vista could not provide the BIA with the report required by CA Government Code S
66006. This Code section stipulates that within 60 days of the close of each fiscal year, the
Council is to make available to the public the beginning and ending balance for the fiscal year
for each fee account. This information is to include: fee, interest, and other income, the
amount of expenditure by public facility, and any refunds made in accordance with 966001.
. The Government Code further states that the local agency shall review this information no
later than the first regularly scheduled public meeting that occurs 15 days after the
information has been released to the public. Of the six municipalities reviewed, only one city,
Chula Vista, was partially in compliance with this reporting requirement. While Chula Vista
was submitting a report each year to the City Council it did not fully comply with all
reporting requirements. Chula Vista's report, despite giving some of the information
required, failed to identifY the information on expenditures by specific public facility.
Absent the required report, BIA embarked on an effort to evaluate the numerous
government Documents that contain the information necessary to conduct our evaluation.
Although CA Government Code 9 6256 requires that public records documents be made
available with in 10 days of request each jurisdiction surveyed required weeks and sometimes
months to comply with our request for information. This gross violation of the public
records act is deemed intolerable.
. Chula Vista charges public facilities fees to fund a wide variety of future facilities, including
civic center expansion, police and fire facilities, and libraries. The facilities funded from these
fees benefit the entire City and new development can properly fund only their "fair share" of
these projects. New development's share of these obligations, using the general formula
from the City's fee study is approximately 35%. This compares to an allocation of 65%
benefit and necessary funding, from the existing Chula Vista cornmunity.
In practice however, the City's fees for individual facility components systematically
overcharge new development for its proportionate share of cost. As examples, rather than
the appropriate, 35% share for individual facilities, new development is charged the
following for specific projects:
Civic Center $18 million 85% to new homes and businesses
Corporation Yard $16 million 81% "
Police Facility $64 million 70% "
Telephone System $0.5 million 100% "
TOTAL $40.9 million 81% "
2
5J,/
If present trends continue, the excess charges for these major improvements to new residents
and businesses will become massive. With the four items above, almost $ I 9 million in costs
above the "fair share" for new development will being shifted to new homes and businesses.
. An additional problem results from the City's use of capital project fee revenues to fund non-
capital or operating budget items. The fee system has funded the following inappropriate
items and charged them entirely to new businesses and homeowners:
Telephone System Upgrade
Geographic Information System
Records Management System
New Computers
Total
None of these uses are authorized by law.
$453,000
$2,255,000
$366,000
$1,013,000
$409 Million
. The $4 million of "cost -shifting" shown above inappropriately transfers portions of the
City's normal annual operating costs and equipment replacement - costs which are to be
paid from the existing City revenues - to new homes and businesses. The combined effects of
the two practices cited above total $22 million in questionable costs.
. A significant amount of the monies collected in fees to date may now also violate the legal
requirement that monies be spent or committed within five years of collection.
Approximately one-half of the projects used to justifY the various impact fees now in place
have never been budgeted, approved or placed in the City's long term Capital Improvement
Program (CIP). Major expenditures for civic center expansion, police facilities and corporate
yard have not been included in past budgets or the ongoing CIP. As the City has collected
fees for these facilities for over five years, it appears questionable for the City to retain these
momes.
. The City's fee system is also prone to being burdened by excessive administrative costs to be
charged to fees The City charges at least three types of administrative cost, which are used
to reimburse the City's general fund:
Fee Program Administration - $2 million built into the fees themselves,
Administration for specific Projects - charged annually as incurred,
Overhead charges - applied as a "surcharge" to the other administrative costs.
In addition to identified administrative costs, the annual City Development Impact Fee
reports show significant interfund transfers and transfers to the general fund Since 1990
these transfer transactions have exceeded $4 million, the DIF reports do not explain or
identifY the majority of these transfers although significant funds have moved from impact
fee accounts to the general fund.
3
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. The City is also shifting development fees in its Park Acquisition and Development fee to
pay for renovations and Americans with Disabilities Act (ADA) upgrades. Although since
1990 as much as $31 million dollars has been collected from projects on the east side of!-
805 and approximately $0.25 million has been collected out of development on the west side
of I-80S the bulk of park acquisition and development is in either the western half of the City
or in mature developments right along the I-80S corridor. So while 7% of the funding is
coming from the west of! -805 , 41 % ofthe work is shifted to this area. Only two projects
funded to the west of! -805 do not violate Government Code 9 65913.8 which prohibits the
use of development fees for maintenance, or Government Code 9 66006(a) which requires
the fees to expended solely for the purpose for which they were collected. The use of
development fees to do ADA upgrades do not qualify because they are not a result of new
development but of other government action.
. Finally, hidden in the City's fee justification under the innocuous line item "Capital
Equipment and Other Start-Up Costs" the city has included:
The cost of sending 27 new hires to the Police Academy for 31 weeks
On-the-job training
Psychological Testing
Uniforms and Apparel (badge, leather) for Peace Officers
Uniforms and Apparel for non-sworn staff
Supplies (sworn and Non-sworn staff)
Total
$ 764,891
297,184
25,970
53,000
1,500
5,250
$ 1,143,070
None of these uses appear to be authorized by law.
We invite your thoughtful consideration of our findings and stand prepared as an industry to
serve as a resource during any further consideration of this matter. Enclosed for your ease
of reference is a copy of the California Government codes utilized as a basis of the
evaluation. Also enclosed is an overview of SB 1693 (Montieth), recent legislation
regarding the accounting, reporting and expenditure of Development Impact Fees.
cc: John Goss, City Manager
Don Worley, Special Counsel
4
3b-i
NOTICE OF NEW LEGISLATION
On September 15, 1996, Governor Wilson signed SB 1693 (Monteith). The legislation,
sponsored by the California Building Industry Association, makes several important changes to
the Government Code relating to the imposition, accounting, and expenditure of developer
fees. These changes were prompted by the results of the Home Builders Association in
Northern California's 1994 Fee Accountability Project. The legislation become effective
January 1, 1997.
Among the key provisions of the legislation are the following:
A new requirement before imposing developer fees.
New B66006(f) provides that at the time a local agency imposes a fee on a development
project, it shall identify the public improvement that the fee will be used to finance.
New annual account requirements.
Current law requires local agencies to provide the public with an annual accounting of
developer fee funds. Amendments to &66006(b) expand this requirement so that the public
accounting for each developer fee account shall now include the following information each
year.
. A brief description of the type of fee in the account.
. The amount of the fee.
. The beginning and ending balance of the account.
. The amount of fees collected and interest earned.
. An identification of each public improvement on which fees from the account were
expended and the amount of the expenditures on each improvement, and an identification
of the percentage of the cost of the improvement that is being funded with fees.
. For improvements that are funded yet have not been completed, an identification of an
approximate date by which construction of the improvement will commence.
. A description of each interfund transfer or loan made from the account, including the
public improvement on which the transferred or loaned fees will be expended. In the case
of an interfund loan, an identification of the date on which the loan will be repaid, and
the rate of interest the account will receive.
New provisions for unexpended fees.
Current law requires local agencies to make a finding of continued need if a fee remains
unexpended or uncommitted after five years, and to refund the fee if need cannot be
demonstrated. The new law provides that if fees remain unexpended after five years, on the
fifth year and every five years thereafter, the local agency shall make the following findings
with respect to the unexpended funds, whether they are committed or uncommitted:
. Identify the purpose to which the fee is to be put.
. Demonstrate a reasonable relationship between the fee and the purpose.
. Identify all sources and amounts of funding anticipated to complete financing of the
improvement.
5b-~
~ Designate the approximate date on which such funding will be available.
\\Then sufficient funds have been collected to complete financing of an improvement and the
improvement remains incomplete, the local agency shall identify an approximate date by
which construction will begin or shall refund the fee to the current record owner of the
property on which the fee was imposed.
New time for preparing the annual public accounting.
Current law requires the annual accounting of developer fees to be made available to the
public within 60 days of the close of the fiscal year, which is june 30. The new law extends
this period to 180 days from the last day of the fiscal year.
Note: At least one jurisdiction had interpreted "close" of the fiscal year as being when it
closed the books for that year. The new law makes clear that the 180 days begins to run on
Juen 30.
No change in hearing requirement.
Current law requiring a noticed public hearing within 15 days after the accounting is made
public, remains unchanged.
The type offees that must be included in the accounting.
A widely held misconception is that only those fees identified in 666001 (b) (which excludes
Quimby Act fees) are subject to the annual accounting requirements of 666006. However,
666006(c) defines fees as meaning either a fee as defined in 666001 (b) or "any fee imposed
to provide for an improvement to be constructed to serve a development project...that is
imposed as a condition of approving the development project."
Therefore. park fees collected under the Ouimbv Act must be included in the annual
accounting:.
New expenditure provisions.
New 666008 provides that a fee may only be expended upon the improvement identified at
the time the fee as imposed on the development project. It also prohibits fees from being
levied, collected, or imposed for general revenue purposes.
S-b - i
April 19, 1993
Hooolllble Mayor
CIty Council Membell;
Cil:y of OllIla VISta
Z76 Fourth Av=
0Icla VIsta. CA91910
RE: OF Support-Item #16 - Public Hearing on PublIc Facility Fet'S
Dear Mr. Mayor and Council Membc:ro.
The Constmction lDdustry Federation appreciates this oppommity to express ilS support
on the CI1y Manager's IllCOlIlIIlcodation to approve the 1993 U~ of the Poblic
Facilities Development hnpact Fee. We also support initiating a \U..IIVI<:l......sIve review
oflhe library MasterPlan; PlreSWlonMasterPJan; Civic CenwMasterPlsn and
preparation of a Public Facility Fee Capital Improvement Project through the year 201D.
. ClF is very appreciative of the city's ltCOIllIIlCIIdaon to decrease fees on romm=ial1lIld
industrial acn:age. We are as appreciative to see that no increase is /PNVTlmPNIM on the
residential side. These recommendations are wen bken as they send a clear IIIld positive
signal to the business community during tough economic times.
LastlY. we suwort defc:rrlng any iocn:asc; in the traffic Impact fee lIlIl1 the new SR 125
fee Is ready fOr CoundI review.
Ooce again. ClF supporlS the City's recommeodalion on these issues IIIld asks fer your
consideration.
vm;;: .
!1=AnID~
cc: Mr. lOOn Closs
CIty MlInager
Mr. Marty Chase
Special ProjCClS Manager
5b~7
Item
Meeting Date 11/19/96
t/
CITY AGENDA STATEMENT
ITEM TITLE:
. ~~J2 . .
Ord~nance : Amend~ng Sect~on 9.12.160 of the
Chula vista Municipal Code to repeal the ~% gross
receipts tax imposed on Bingo games.
Resolution /cr~f~ending the Master Fee Schedule
to increase the annual fee for bingo license
renewal from $10 to $50.
SUBMITTED BY: Director of FinancevyP
REVIEWED BY: city ManagerG(~i~ (4/5ths Vote Yes__ No-X)
Assembly Bill 2770, which becomes effective January 1, 1997
prohibits cities from taxing the gross receipts of bingo games
which are conducted by non-profit organizations. The Chula vista
Municipal Code currently imposes a tax of one percent on non-profit
organizations' bingo receipts, as authorized by state law. As of
January 1, cities will no longer be authorized to charge this tax.
In its place, AB 2770 authorizes cities to charge a $50 annual
bingo license renewal fee. Passage of this ordinance will bring
the Chula vista Municipal Code in compliance with state law. This
action will reduce the current year's budgeted General Fund revenue
for business license tax by approximately $10,200.
All non-profit organizations who have bingo licenses with the City
will be notified of this change.
RECOMMENDATION:
That Council:
1. Adopt Ordinance to repeal the 1% tax on
monthly bingo gross receipts over $5000.
2. Adopt Resolution amending the Master Fee
Schedule to increase the annual fee for bingo game
license renewal to $50.
BOARDS/COMMISSIONS RECOMMENDATION: N/A
DISCUSSION:
At any given time, approximately 20 non-profit organizations are
licensed by the city to conduct bingo games to raise revenue for
charitable purposes. Under Municipal Code section 9.12.160, these
organizations remit a tax of 1% of their monthly gross receipts
over $5000 to the City with the financial reports required by City
ordinance. Last fiscal year the city received approximately
$22,000 in revenue from bingo. Almost all of this revenue was paid
by the nine (of the 20) non-profit organizations which generated
sufficient bingo revenue to be subject to the gross receipts tax.
& 'j
Page 2 Item
Meeting Date 11/19/96
Each of these nine organizations pay an average of $2440 annually
in bingo tax. In addition to the gross receipts tax, all
organizations pay $10 annually to renew their bingo license. New
bingo licenses and annual bingo license renewals are investigated
by the police department and renewed upon the approval of the
Police chief.
Assembly Bill 2770, which was signed by the Governor on July 25,
1996, and becomes effective on January 1, 1997 prohibits the City
from continuing to charge the 1% tax on bingo gross receipts. In
its place the state law provides that cities may charge a $50
annual bingo license fee. This ordinance and resolution will bring
the City in compliance with state law and implement the $50 annual
bingo license fee. These modifications will not change any of the
other requirements contained in the Municipal Code regarding
operation of bingo games, including the financial reporting and
investigation requirements.
Implementation of AB 2770 through this ordinance and resolution
will positively impact those non-profit organizations who generate
sufficient revenue to be subject to the gross receipts tax under
the city's current ordinance. These organizations will save an
average of $2400 annually, beginning in 1997. Those organizations
who have licensed bingo games but are not large revenue generators
will experience an increased cost of $40 annually to obtain their
bingo license. since the $50 charge for an annual bingo license is
a fee, it can be waived by council, on an individual basis, under
the City's fee waiver policy if so warranted.
FISCAL IMPACT:
Last fiscal year, the City's General Fund received over $22,000 in
revenue from bingo licenses and taxes. This ordinance will reduce
FY 1996-67 budgeted General Fund revenue for business license tax
by approximately $11,000, for the remaining six months of the
fiscal year. Passage of the resolution establishing a $50 annual
bingo license fee will slightly offset this revenue loss by $800.
In future years, this measure will reduce annual revenue by
approximately $21,000.
& ~;Z
ORDINANCE
02~ J2
AN ORDINANCE OF THE CITY OF CHULA VISTA AMENDING SECTION
9.12.160 OF THE CHULA VISTA MUNICIPAL CODE RELATING TO
BINGO LICENSE TAXES
SECTION I: That section 9.12.160 of the Chula vista
Municipal Code is hereby amended to read as follows:
9.12.160 Bingo-Term of license and fees.
A. The term of a bingo license is one year and may be renewed for
a period of one year upon pavment of the Reauired Feels) and
application therefor.
B. For a new license application or for each change in the bingo
chairpersons who will manage the bingo game, there shall be a
fee for investigation and for processing the applicant's
fingerprints. The Required Fee(s) shall accompany the
submission of each application. In the event an application
is denied, fifty percent of the investigation fee shall be
refunded.
C. P. tax, not to elweed one percent of the Illonthly gTOGG receipto
over five thousand dollars derived frolll eingo gallles shall ee
collected Illonthly by the city.
SECTION II:
Pursuant to the provisions of Charter section
312(d) (3), this ordinance shall take effect and be in full force
immediately upon the second reading and adoption hereof, which
occurred upon the passage hereof by at least three affirmative
votes, because it fixes the rate of taxation for bingo license
taxes.
Presented by
Approved as to form by
An~o~t~
Acting City Attorney
Robert W. Powell
Director of Finance
C:\or\bingo.tax
~79 ~ /
RESOLUTION NO. /0'1'1!S'
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA AMENDING THE MASTER FEE SCHEDULE
TO INCREASE THE ANNUAL FEE FOR BINGO LICENSE
RENEWAL FROM $10 TO $50
WHEREAS, Assembly Bill 2770, which becomes effective
January 1, 1997, prohibits cities from taxing the gross receipts of
bingo games which are conducted by non-profit organizations; and
WHEREAS, the Chula vista Municipal Code currently imposes
a tax of one percent on non-profit organizations' bingo receipts,
as authorized by state law; and
WHEREAS, as of January 1, cities will no longer be
authorized to charge this tax; and
WHEREAS, in its place, AB 2770 authorizes cities to
charge a $50 annual bingo license renewal fee.
NOW, THEREFORE, BE IT RESOLVED the City Council of the
City of Chula vista does hereby amend the Master Fee Schedule as
follows:
Chapter IV
Business Fees.
B. SPECIFIC BUSINESS.
3. Bingo License InvcGti~ation - New and Renewal.
New Chairperson Investigation Fee: $50 plus required fee for
fingerprint processing.
New CO-Chairperson Investigation Fee: $27 plus required fee
for fingerprint processing.
Annual renewal of bingo license: ~ ~
In the event an application is denied, fifty percent of the fee
shall be refunded.
Presented by
Approved as to form by
~vJ~
Ann Y. Moore, Acting City
Attorney
Robert W. Powell, Director of
Finance
C:\rs\bingo.fee
013 - /
COUNCIL AGENDA STATEMENT
Item
7
,
MeetingDate November 19.1996
ITEM TITLE: Resolution ) ~ 1/ fZropriating $5,000 from Unanticipated Revenues for purchase
of a computer and related equipment to be reimbursed to the General Fund from the San Diego
County Regional Auto Theft Task FOTRe ,(RA TT).
SUBMITTED BY: Chief ofPolic6f~
,
REVIEWED BY: City Manager6.r.;t.. (4/5THS VOTE: YESJLNo_)
As compensation for the additional vehicle theft and recovery information entered by participating
agencies for the RATT Computerized Vehicle Data Model, RATT will reimburse each member
agency involved with the project up to $5,000 for computer hardware, software and related training.
RECOMMENDATION:
That the City Council appropriate $5,000 from Unanticipated Revenues to reimburse the General
Fund for the purchase of a computer and related equipment.
BOARDS AND COMMISSIONS RECOMMENDATION: N/A
DISCUSSION:
The Chula Vista Police Department has been a participating agency in the San Diego County
Regional Auto Theft Task Force for 4 years. The department is also a member agency of the
Automated Regional Justice Information System (ARJIS). RATT was designed to combat organized
auto theft and vehicle dismantling shops in San Diego County. To increase task force effectiveness,
additional stolen and recovered vehicle information was required. This additional information is
entered into the Crime Analysis Statistical System (CASS), which is a subset of ARJIS. The RATT
Computerized Vehicle Data Model was developed by ARJIS and CASS users and analysts to capture
and utilize this data, which is entered by participating CASS agencies. The additional vehicle theft
and recovery information is available for analysis and mapping by all CASS participants.
RATT will reimburse each of the agencies involved in the project for computer hardware, software
and related training. Allocation of these funds is for the specific purpose of purchasing computer
equipment or training related to the project. The computer and related equipment will be used for
the development of an automated mapping capability within the police department. Enhanced
effectiveness is anticipated by the Crime Analysis Unit, as a result of the acquisition of this equipment.
The computer and related equipment will be the property of the City ofChula Vista.
FISCAL IMPACT:
The police department anticipates the total cost of the computer hardware and software to be $5,000.
These funds should be budgeted in account 100-1091-5560 (RATT computer equipment). The total
cost to the City will be fully reimbursed by RATT. There is no General Fund impact, reimbursement
to the General Fund will be deposited in Revenue Account 100-3661 (police RATT Grant).
7--/
RESOLUTION NO.
/!t'!99
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROPRIATING $5,000 FROM
UNANTICIPATED REVENUES FOR PURCHASE OF A
COMPUTER AND RELATED EQUIPMENT TO BE
REIMBURSED TO THE GENERAL FUND FROM THE SAN
DIEGO REGIONAL AUTO THEFT TASK FORCE (RATT)
WHEREAS, the Chula vista Police Department has been a
participating agency in the San Diego County Regional Auto Theft
Task Force for four years as well as a member agency of the
Automated Regional Justice Information System; and
WHEREAS, RATT was designed to combat organized auto theft
and vehicle dismantling shops in San Diego County; and
WHEREAS, RATT will reimburse each member agency involved
with the project up to $5,000 for computer hardware, software and
related training with allocation of these funds for the specific
purpose of purchasing a computer equipment or training related to
the project; and
WHEREAS, the computer and related equipment will be used
for the development of an automated mapping capability within the
Police Department.
NOW, THEREFORE, BE IT RESOLVED the City Council of the
City of Chula vista does hereby appropriate $5,000 from
unanticipated revenues into Account 100-1091-5566 (RATT computer
equipment) for purchase of a computer and related equipment to be
reimbursed to the General Fund from the San Diego County Regional
Auto Theft Task Force.
Presented by
Approved as to form by
U---- '1 ~~_
Ann Y. Moore, Act~ng c~ty
Attorney
Richard P. Emerson, Chief of
Police
C:\rs\RATT
7-c2
COUNCIL AGENDA STATEMENT
SUBMITTED BY:
ITEM ---1-
MEETING DATE: --1l.f.1:i-
R I. ) :rS~h .. h M
eso utJOn Aut onzmg t e ayor to execute an agreement
with the County of San Diego for receipt of financial assistance in
the amount of $6,500 to support the designation of Chula Vista
Harbor as the Southern Home Port of the tall ship Californian.
Public Information coordinato~
Deputy City Manager Krempl
b:'F{\,
City Manager f}5 4/5 Vote: Yes_ No----"L
ITEM TITLE:
VIA:
REVIEWED BY:
BACKGROUND:
The City's agreement with the Nautical Heritage Society to designate Chula Vista Harbor as the
Southern Home Port of the tall ship Californian requires that the City make a $27,665 grant in
FY 96-97 to the ship's organization. In consideration of the value of the ship as a shared
community asset, the County has allocated $6,500 in its Community Enhancement Funds to
support this service.
RECOMMENDATION:
That Council adopt the resolution authorizing the Mayor to sign the attached agreement and
accept the $6,500 from the County to support the tall ship "Californian".
BOARDS/COMMISSIONS RECOMMENDATION:
Not Applicable
DISCUSSION:
The attached agreement identifies the City of Chula Vista as a contractor charged with continuing
to work toward maintaining Chula Vista Harbor as the Southern Home Port of the tall ship
l5~)
Californian. This agreement recognizes that the tall ship's visits, open houses and special cruises
are enjoyed by residents throughout San Diego County, as well as tourists. Under the terms of
the City's agreement with the Nautical Heritage Society, the Californian is home ported in Chula
Vista at least 20 days per year, with access for free tours and participation in special events
including Harbor Day and Expo ' 97. It also provides for participation of Chula Vista elementary
school students in on-board Sea Chest programs, high school students in Sea Cadet cruises and
inclusion of Chula Vista in the maritime activities being planned for the "Gold Rush to
Statehood" Sesquicentennial from 1998 to 2000. To help keep the home port status, the County
has agreed to pay the city the sum of $6,500 in FY '96-97.
This year's County funding was appropriated from the monies allocated for distribution by First
District Supervisor Greg Cox. While the bulk of the County funding goes to agencies/programs
in the unincorporated area and for funding of regional programs (i.e. San Diego Convention &
Visitors Bureau and San Diego Economic Development Corporation), each supervisor had a
designated amount from which they made recommendations for the board's final approval. This
year's total funding requests exceeded $5.3 million, in contrast to the $2.3 million of available
funds. Last year (FY '95-96) the County did not appropriate any funds outside of the
unincorporated areas - except to a few regional activities - and the City did not receive any
funding support in FY '94-95 either. Prior to that, the County support for the Californian was
$5,600 in FY '93-94 and $7,000 in FY '92-93.
FISCAL IMP ACT:
The payment of $6,500 from the County will go toward reimbursing the General Fund for the
$27,665 contract awarded this fiscal year for the tall ship Californian. The City's approved FY
'96-97 non-departmental budget included $27,665 to cover this commitment with a notation that
County Community Enhancement Funds had been requested.
Attachment: Agreement between the County of San Diego
and the City of Chula Vista
2r/~
RESOLUTION NO. / f) Sbe
RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE AN
AGREEMENT WITH THE COUNTY OF SAN DIEGO FOR RECEIPT OF
FINANCIAL ASSISTANCE IN THE AMOUNT OF $6,500 TO SUPPORT THE
DESIGNATION OF CHULA VISTA HARBOR AS THE SOUTHERN HOME
PORT OF THE TALL SHIP CALIFORNIAN
WHEREAS, the City's agreement with the Nautical Heritage Society to designate Chula
Vista Harbor as the Southern Home Port of the tall ship CALIFORNIAN requires that the City
make a $27,665 grant in FY 1996-97 to the ship's organization; and
WHEREAS, in consideration of the value of the ship as a shared community asset, the
County has allocated $6,500 in its Community Enhancement fund to support this service,
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula
Vista does hereby ratify the agreement with the County of San Diego relating to the designation
of Chula Vista Harbor as the Southern Home Port of the tall ship CALIFORNIAN, a copy of
which is on file in the office of the City Clerk, and authorizes the Mayor to sign same on behalf
of the City of Chula Vista.
Presented by
Approved as to form by
~~
George Krempl, Deputy City Manager
Ann Moore, Acting City Attorney
~r3
EXIDBIT A
NAME OF ORGANIZATION: City of Chula Vista
DATE OF AWARD BY THE BOARD OF SUPERVISORS: JULY 16, 1996 (53)
PERIOD OF CONTRACT: JULY 1, 1996 - JUNE 30, 1997
SCOPE OF SERVICE:
designation.
Tall Ship California- Southern home port
AWARD AMOUNT: 6,500.
<;;--1
,
AGREEHENT BETlJEEN THE C(JJNTY OF SAN DIEGO
IIrd CITY OF CHULA VISTA
The County, under authority of Gov. code 26'00 and appt icable County
Ordinances, desires to engage Contrllctor in connection with the
promotion and advertisinlil of County resources in order to lourism, trade, and
corrrnerce in the county;
\.IHEREAS, Contractor possesses certain skills, experience, education and/or
corrpetency to perform the special services or event identified below, and
County desires to engage Contrac'tor for such special services or event; and
ALIHTOR AND Ct>>lTROLlER
Flrlding Organization 10250
Contracttl:
ACCOlSlt:
Task Option "ctivity
Approved 'for flrds and aCCOU"lt5:
",HERE".s, the Board of Supervisors on the date 'set forth in Exhibit A, allocated
an award for the dollar amount set forth in Exhibit A for the contract period
set forth in Exhibit A, by Board Action taken in the Minute Order set forth in
EllhlbitA;
ROBERT BOClKER, Ed.D.
Audi tor & Control Lt'r
By:
The County of San Diego hereby enters an agreement with Contractor City of
chula Vista.
Scooe of Services. The Contractor lIil\ promote and provide a scope of services described in [llhibit "A", IIhich is at achl'" "e\o
and by this reference incorporated herein.
Term of AQreement. lhe term of this Agreement shall be for the period indicated in the attached Ellhibit "A".
Automatic Renewal for Subsecuent fiscal Years. This Agreement shall be automatically renewed for subsequent fisclI\ years, provided
that (1) Contractor submits a timely written funding request for nch such subsequent fiscal year; (2) the Board of Supervisors
approves funding for the Contractor for such subsequent fiscal year; (3) the Auditor and Controller notifieS the Contractor in ..riting
of the level of funding approved by the Board of Supervisors for the subsequent fiscal year, and any change in the scope of ~,.~'/ices
required by the county liS a result of changes in the Contractor's funding request or changes in the level of funding avall.or'c. for
the subsequent fiscal year: and (I,) Contrllctor, ~i thin th \ rty (30) days of receiving the Not i f iC8t ion of Contract Che,ngc f I~-- the
Auditor and Controller for the subsequent fiscal year, agrees in writin" to the amount of funding approved by the llonrd ~nd 1" any
change in the scope of services set forth by the Auditor and Controller. Contractor'S Cllll'4'ens8tion and the scope of ser"ir~s in
subsequent fiscal years shall be that compensation and scope of service set forth in the Auditor and Controller's notification to
Contractor provided for above, ~hlch shall be incorporated into this Agreement as the Exhibit A for any subsequent ren('w~\ ['priod.
Method of Payment. Payments will be made automatically cotrll\encing with the County's receipt of a signed copy of this Aqrec'nent
according to the foll.o~ing schedule: Grants $5,000 and under' full payment to be distributed upon processing and ellecution of the
contract; Grants over S5,OOO to $50,000 _ full payment to be distributed by November 30 of each year; Grants over S50,000 ~emi-
annual payments to be distributed by November 3D and the following Harch 31 of each ye8r. In the event a signed copy ~f this
Agreement is not received in sufficient time for processing and ellecution to meet the above payment schedule, payments m<ll' bl.' rj"':~yed.
Durin" the contrllct year, but in no event later than t~o months beyond the contract year, the Contractor must submit dOCUl"~r:',:ior
to the County's representative settin" forth actual expenditures made in support of the scope of services. Any payn\ent~ e"cie te
contractor which exceed the toul Ilctual expenditures for the contract year must be refunded to the County. Reimbursement for n;,"nse~
incurred il' IIdvance of the quarterly payment schedule will be :TIIIde upon submission of an invoice by the Contractor tc the (:<:>'~r.:y's
representlltive setting forth the actual expenditures. lhe amount of such reintlursement shall be deducted from the suc~llr-ding
quarterly payments.
In the event that less than all services are performed in a proper and timely manner, the Contractor shall be obligOHd lr 'nform
the County's representative of such, and shall only be paid for the reasonable costs of those services performed during the p<>yment
period as determined by the County's representative. However, the Contractor al)O the County's represenUtive may agrl.'e in w,-iting
to extend the period of this Agreement for not more than three (3) months to alloll the Contractor additional time to perf"'"' the
services required by this Agreement. The total payments made to Contractor for services performed during the total pl-dod ~, this
AIIreement, including any el\tenSion, shall not exceed the amount aLlocated to Contractor as indicllted in this Agreement, in li'r ~vent
Contractor receives payment from the County for a service which is tater disallowed by the County upon review of the ~ont;~ 'or'~
docU11entlltion of actual upenditures, the Contractor shall promptly refund the disallowed amount to the county 01\ req\Jl'st, or ,~t its
optic-n, the County offset the amount disllllowed from 8ny peyment due or to becOllle due to contr8ctor under thill Agreement or ~nv "thr.r
Agreement. In the event this Agreement is terminated by County pursuant to parllgraphs 2 or 3 under the tern,s and conditiorw "" the
reVerSe side of this Agreement, the County shatl not be required to make any further payments to the Contractor as of Ihe cl'~rtive
date of termination, irrespective of the amount of nrvlce. or el\penditures mad. by the Contractor throulilh the t.rmi"ntion d~te.
Comoensation. lhe County agrees to pay to the Contractor the SIJ:ll set forth in El\hibit "A" for the period set forth if'. Exhlbit "A"
which is attached hereto and by this reference incorporated herein, and Contractor agrees that said SU11 shall be full comprr"'~tion
for Blt services in performing this agreement for said period.
Administrator of Aoreement. The Auditor and Controller shall be the County's representlltive for the purpose of administeri",~ this
Agreement.
Notice. Any notice or notices required or permitted to be given pursuant to this Agreement may be personally served on tt-,~ "ther
party by the party giving such notice, or may be served by certified mail, postoge prepllid, l''!turn receipt requested, to the f"II-11I'n9
addresses:
County:
County of San Diego
1600 Pacific HighlOay
San Diego, CA 92101
Contr;;lctor:
Jeri Gulbransen, CoordinBtor
CityofChulaVista
276 Fourth Ave
ChulaVista, CA91910
I h~ve read the above ;;lnd the Terms and Conditions set forth on the back of this Agreernent and I Ilccept the altocaticn ~rd ,.g"el'
thereto:
Contractor
ilgnllltur.
Tut.
--on-;-;:-
County of San Diego
i'i7;~7"
.#1/6
or Authorized Representative
ll~\;'-
,.
Audit 8nd II"<S~tion of Records. At any time during normal business hours end 8S often liS the County may deem nec..~~~"' ~~,e
Contractor shil made Ilv<ll\able to the County for e)lam\nation all of its records WIth respect to a\\ matters covel"ed 0;' tnls
A9reemen~ and will permit the County to audIt, !':JllImine aoo mal<e eilcerpt5 or transcripts from such re~ords, and make audi~s of
all in,":,olces, Il!8t,enals, payrolls, rec~rds of personnel and other d8~1I relating to 8.1l ~tter~ covered by this Agreement. '.!nless
otherW1se speclfad by the County, saId records should be made BVlllteble for exannnlltlon WIthin 5an Diego County. Co!"\tc~nor
shall maintain such records in an aceeuible location and condit.io.n for II period of not less thin fours years follo..-inll cl'~~ipt
of final pllyment under this Agreement unless County Igrees in Wrltlng to en eerlier disposition. The Stete o~ Cllifornill C'r ilny
Federll Igency hiving In interest in the subject of this agreement ,haU have the same right&. conferred upon County by this
Agreement.
Tel"'llination of A(lreelllent for Cause. upon breach of this Agreement, County shell have the right to terminate this Agreem!:'r,t by
9lVln9 written notICe to Contractor of such termination and speci~ying the effective date thereof, It least ~ive (5) days he/ore
the effective dete o~ such terminetion., As o~ the ef~ective d~te of termination, the CC?unty shall not be required to ma.~ any
further payments to Contractor uMer thIS Agreeflltnt, lrrespectlve of the amount of servIces or expenditures made by Cortc~ctor
through the terlnination date.
2.
,.
Te~il'llltion for convenience of COUlt. County may terminate this Agreement, lit any time by giving written notice to ConUactor
o suc term1nat10n a spec 1 YH1g t e effective date thereof lit least thirty (30) days before the effective Ollte of such
termination. As of the eftective date of termination, the County shalt not be required to IMke any further payments to Contractor
under this Agreement, irrespective of the amount of services or expenditures lllllde by contractor throu5lh the tltrmif'llltion date.
,.
Tel"llination for convenience of Contractor. Contractor may terminate this Agreement at any time by giving written notice to County
of s~ch ,terminatIon Ind $pec.'fY,lng the effective dlte thereof It least sixty (60) days before the effective date of such
termlnat1on. In that evel'lt, It 15 expressly Igreed and understood that Contractor It the option of County shIll for I mi'lirrun
period of thirty (30) days after givin\l such notice provide as requested by the actnlnistrator o~ thil Agreement Issinanee and
,d"'~ce to Contractor's sueces~or to hcititate the period of transition cIUSed by such termination, pro",ided that such JTdnimun
perlod of asslstance and ad""ce by Contractor to Contractor's succellllor shall not extend beyona the effective dlte ~' the
termination.
Char~' County mIIY from time to time require changes in the scope of tile services of Contrlctor to be performed hereunder.
Sue c anges, including any increase or decrease in the amount of Contractor's corrperlSation which are !l'lJtually agreed UP"'l by
and between County and Contractor, shall be effective when Incorporat.a in written &mendnents to this AgT'"eelMnt thera1n.
6. AssiSilitv. The Contractor shall not assign any interest in this Agreement, and shall not transfer Iny interest in the o:;ame
. (whet er by assi\lnment or no"'ationl, without the prior written consent of the County thereto; provided, howe",er, that claims for
money due or to become due to Contractor from County under this Agreement IIMlY be assigned without such IpproVIl. Notice of any
such assignment or transfer shal l be furnished pr~tly to County.
5.
7.
Interest of Contractor. Contractor covenants that Contractor presently has no interest, including, but not limited to, other
prOjects or lndependent contrects, and shall not acqu1re any such interest, direct or inclirect, which would conflict in a'lY "l~nner
or degree with the performance of services required to be performed under this Agreeflltnt. Contrlctor further covenll'lts Iha~ In
the performance of this Agreement no person having any such interest shall be efIllloyed or retained by ContraCtor undcr 'his
Agreement.
8.
PlEIlication Reoroductlon arod Use of Material. No material produced, in whole or in part, under this Contract shall be suoject
to copyr1\lht In the UnIted States or In any other Country. The County shall have unrestricted authority to publish, disclose,
distribute and otherwise use, in whole or in part, any reports, dati or other materials prepared under this contrac'. All
reports, dau and other materials prepared under this Contract shall be the property of the County upon c~letion 0' ,his
Contract.
9.
Insurance and Hold Ha~less Aoreenent. Contractor agrees to maintain such insurance as will fully protect both Contractor and
County from any or all clalms under any worKmen's coopet1sation IIct or efIllloyer's l labi lity laws, and from any Ind al t claims of
IOhatsoever kind or nature for the damage to property or for personal injury, including delth, I118de by anyone whomsoever OIhich
may arise from operations carried on under this Agreement, either by Contractor, IIny subcontractor or by anyone direr' ~" or
indirectly engaged or e~loyed by either of them. COntractor shall exonerate, indenrdfy and hold harmless COU'lty /ro"- Clno
against, and shall IISS~ full responsibility for payment of, all federal, state and local tlxes or contributions impoq.,; or
required under un~loyment insura'lce, social security and income tlx laws, OIith respect to Contractor and Contractor's e"'l:.",'we-es
engaged in performance of this Agreement. County, and its agents and ~loyees shall not be, or be held ll<l:J\e t'Jf any
liabilities, penalties, or forfeitures, or for any damage to the goods, properties or effects of Contractor, or cf anY,other
persons whaaoever, '1or ~or persO'1al injury t" or death of them. whether caused by or resulting from Ilny negligent act or omission
of Contractor. The provisions of this para\lraph do not relieve the County of County's liability for damages to Contractor ~lIused
by negligent IIctS or omissions. Contractor further agrees to inden'l"'lify IInd hold harmless County and County'~ agen's and
efI1Jloyees, agllinst and from any IInd all of the foregoin\l liabilities, Ind any and III costs or expenses incurred by County on
IIccount of any claim therefore. Contractor a\lreeS to IISS~ the foregoing obligations and Iilbilities, by which Contractor shall
indellJ1ify and hold County harmless from all cllims llrislng by reason of the work done or by reason of any act or omission of
Contractor.
10.
Indeoendent Contractor. It is IIgreed that County is Interested only in the results obtained IInd that Contractor shall po:>'/orm
as an lndependent contractor ,00ith sole control of the manner and mellns of performing the services required under thir, Agreement.
Contractor shall clJlllllete thlS Agreement according to Contractor's own mellns and methods o~ work which shalt be i'l the excl'J~lve
charge and control of Contrllc1:or and shall not be subject to control or supervision by County except liS to the results "f the
work. COI'ltrllctor is, for IIll purposes arising out of this agreement, In Independent contrllctor and neither Contrllctor nor
Contractor's efIllloyees shall be deemed an errployee of County. It is expressly underStOod and agreed that Contractor a'ld
Contractor's efIllloyees shall in no event be entitled to IIny benefia to which County errployees are entitled, incluoing, but not
limited to, overtime, any retireflltnt benefits, workmen's compensation beneflu., Ind injury leave or other leave benefitf,.
E~l OcDortlrli~. Contractor will not discriminlte egainst any errployee, or against any appliclnt for such ~loyment because
o age, rllce, co or, reli9ion, physical handicap, ancestry, sex or national origin. This provision shall include, but not be
limited to, the folloOling: errployment, upgrad1ng, detnOtion, or transfer; recruitment or recruitment advertising; lllyoff or
termination; rates of payor other forms of compensation; and selection for trlininll, including apprenticeShip.
Affil'Wl8tive Action. Contractor, Contractor's subcontractors and suppliers, if any, shall c~ly with the Affirrnati",1' tr'ion
Program for 'Iendors as set forth in Article Illk (comnencing at ~ 84) of the San Die\lo County Aci1'Iinistratlve Code, Io'hich Program
is incorporated herein by reference, unless the Contrector, Contrlctor's subcontractors or suppliers lire exempted from "aid
Program. The Affirmative Action PrO\lrllm for Vendors IS set forth in Article Illk of the Slln D1ego County Aci1'Iin\stratl"'e Code
and the rules and regulations i~lementing nid Program as set forth in Board of supervisors Resolution No. 123, dated JlnUEWY 25,
19n and Exhibit A thereto are on file in the OHice of the Clerk of the Board of Supervisors of the County of San Diego, County
Aci1'Iinistration Center, San Dle\lo, Californil 92101. Copies of such provision of the San Diego County ActniniStrative Cod.. ...ill
be furnished upon request.
Personel Perfo~e. It is expressly understood and agreed that Contractor shall engllge or require the services of no other
person or 11rm, by contrlctor or otherwise, to provide or assist In providing such services without the e.Kpress written consent
of County, provided, however, that this provision shal\ not apply to secretlrial, cterlclt, routine mechlnical .and slrnlllr
incidental services needed by Contractor to assist In the performance of this Agraement. ContraCtOr shall not 111re County's
en"Ployees to perform any portion of the work or services provided for herein including secretariat, clerical and ~imi\ar
incidental services except upon the OIritten approval of County.
11.
12.
13.
".
15.
Govemim Law. This agreement shall be construed and interpreted according to the laOls of the State of Catifornia.
Contractor's EllC\ove-es and EOJianent. Contractor IIgrees that Contractor has secured or will secure at ContreCtOr's own expense
IIl1 persons, ~loyees and equlI:xnent required to perform the services required under this Agreement and thllt all such SerYlCeS
will be performed by Contrac1:or, or under Contractor'S supervision, by persons authorized by law to pedorm such servicl'''. If
eny arrangement is made whereby errployees of County are used by Contractor and ere subject to Contrlctor's superViSl(ln and
controt, they shall, while engage in such work be considered for alt purrses, IS ~loyees~ servants, or I\lents of the Contra~tor
and not of County, irrespective of party paying thell'l. Contrlctor shal exonerate, indenT'llfy, and hold harn,less County from IInd
against Iny and Ilt loss, dBll\llge or expense, by reason of any ICt of omission of any elTPtoyee, servant or agent of Contractor,
including those, if any, originllly ~toyed by County and utilized by ContraCtor, and Contractor agrees to defend, It
Contractor's o~n expense, any suit or SUllS that fillY be brought against county by reason of any such eet or omission. County
shal I not be responsible nor be held liable for any dalll8ge to person or property consequent upon the use, misuse, or fai l\Jfe of
llny equipment used by Contractor or Iny of Contractor's ~loyees, even though such equipment be furnisl1ed, rented, or '.oaned
to Contractor by County. The Icceptance or use of any such equipment by Contrlctor', errployees shall be construed to mea" ~hat
Contractor acceptS full responsibility for and a\lrees to exonerate, indetll1ify and "ave harmless County from and aga1nst II'lY and
1111 claims for any damaiie whatsoever resulting from the use, miSUSe, or failure of such equipment, whether SUCh damllge be 10 the
e!Jllloyee or property of Contractor, other contrlctors, County, or of Other persons. Equipment includes, but is not limitC'd to,
materials, tools or other things.
c;::r;lete A(lreellleflt. It is expressly understood and agreed that this Agreement constitutes the entire agreement between Contractor
a County IInd 1n no event shall COntractor be entitled to any corrpen$ation, benefits, reinbJrlements or anci\\ary services ~:her
than as herein expressly provided.
16.
y/~
#l
COUNCIL AGENDA STATEMENT
ITEM: 9
MEETING DATE:I1/19/96
ITEM TITLE:
Public Hearing: Considering abating the Calendar Year 1997 Business
License Tax rates to retain them at the current CY 1996 levels.
/ g-- ..G?1j
Resolution _: Abating the Business License Tax rates for Calendar Year
1997, holding CY 1997 tax rates at the current CY 1996 levels, with the
exception of new businesses subject to the first year $25 tax rate, who do
not apply for a business license within 30 days of business
commencement, for which the tax will be abated to $50.
SUBMITTED BY: Director of Financif
REVIEWED BY: City Manager ~~~ (4/5ths Vote Yes_No_20
The Business License Tax ordinance (effective January 1, 1991) provides that business license
tax rates increase annually unless the City Council takes action to abate them each year. Tax
rates have remained the same since 1991 due to annual abatements. Since the tax rates have not
been increased as scheduled since 1991, taxes will more than double for the vast majority of
businesses on January I, 1997 unless Council passes a resolution to abate them to a lower level
than that allowed by ordinance. With the economy just beginning to show signs of
improvement, now is probably not the best time to raise taxes. Based on Council direction,
revenue estimates in the current budget were based on current tax rates. Abating the CY 1997
tax rates to retain the current tax rate would not affect this year's budgeted revenue, nor would
it impact next year's budget.
Notification of the public hearing and copies of this report were sent to the Chamber of
Commerce, the Broadway Business Association, the Downtown Business Association and the
Bonita Business and Professional Association.
RECOMMENDA TION:
That Council:
1. Conduct the public hearing.
2. Adopt Resolution _ to abate the scheduled CY 1997 business license tax
increase to retain taxes in CY 1997 at their current level, with the
exception of the rate for new businesses subject to the $25 tax rate which
do not apply for a license within 30 days of business commencement,
which tax would be set at $50.
BOARDS/COMMISSIONS RECOMMENDATION: N/A
9-/
Item_Page -L
Meeting Date 11/19/96
DISCUSSION:
Tax History and Ootions for Calendar Year 1997 Abatement
On October 25, 1990, the City Council adopted Ordinance 2408, approving a business license
tax increase. The new tax rates were to be phased in over a three year period, beginning in
1991; with 6% increases in subsequent years to account for inflation. This schedule was adopted
to provide businesses with the flat rate/per employee tax structure they requested, while at the
same time ensuring that tax rates were not eroded in the future due to inflation, necessitating
large future adjustments. To allow maximum flexibility Ordinance 2408 also provides Council
with the ability to conduct a public hearing and abate all or a portion of the tax rate for a one
year period, to no less than the CY 1991 tax rate. If Council does not abate the tax in any given
year, the taxes for all business will automatically be increased to the level specified in the
Master Tax Schedule for that calendar year.
In 1991 the first year of the tax increase went into effect. However, shortly thereafter the
economy experienced a substantial downturn. Council abated the scheduled tax increases in
Calendar Years 1992-1996, in response to the continued economic recession and concerns
expressed by local businesses. These abatements were needed to adjust the flat tax rates in
response to the recessionary period. If flat tax rates are not adjusted accordingly, the relative
tax burden on a business will be highest during poor economic times and lowest during
prosperous times. Since the taxes have been held constant for five years through abatements,
taxes would more than double for the majority of businesses if Council does not abate the
scheduled CY 1997 tax increase via resolution.
Fortunately it appears that the local economy is beginning to recover. In FY 96 the number of
new businesses licensed increased 4% and the total businesses licensed increased 2% over the
previous fiscal year. Most reports on the local economic outlook are positive. With the
economy just beginning to recover, now is probably not the best time to allow the business
license tax to increase. However, at some point in the future tax rates will have to be adjusted
upwards if there is a desire to maintain an equivalent level of tax support for the City services
provided. Since 1991, when the last tax adjustment occurred, the San Diego Consumer Price
Index has increased by about 14%. Staff will provide Council with options for adjusting this
tax based on local economic conditions and Council policy direction during next year's budget
process.
Staff is recommending one modification to the abatement of all taxes to the current level. Based
upon the Chamber of Commerce input and Council's desire to lessen the burden of start-up costs
on new small businesses, Chula Vista's first year tax rate for new businesses is less than half
that of ongoing businesses. This lower tax rate helps offset the one time zoning fees and other
initial set up costs. Staff is recommending amending this program so that only those businesses
which apply for a license within thirty days of business commencement benefit from this reduced
tax. The costs incurred with trying to locate, contact and obtain an application and payment
9,,2
Item_Page ~
Meeting Date 11119/96
from unlicensed new businesses are substantial. The lower tax rate, even with penalties
attached, often does not cover the costs of getting a non-compliant small business licensed. By
abating the tax rate for these businesses to $50, additional revenue will be generated to offset
some costs of the enforcement effort necessary to preserve tax equity.
If Council does not wish to abate the tax to the current tax level (CY 1991 rates) there are
infinite alternatives available as the tax can be set at any rate between the current CY 1991 tax
rates and the scheduled CY 1997 tax rates.
Comparison of Chula Vista Tax Rates with Other County Cities
It is very difficult to compare business license rates among various cities due to the different tax
structures. Most cities throughout the state and many cities in the County have gross receipts
based tax structures. Within these tax structures, the percentage of tax often varies by business
type _ those business types with higher profit margins generally pay a higher percentage of tax.
For example, professionals have a higher tax rate than retail businesses which pay a higher rate
than manufacturers.
Cities not using gross receipts tax rates also use different types of tax structures (e.g., flat, flat
based on receipts, flat plus per employee increment). For most businesses Chula Vista charges
a flat tax plus a per employee increment (which varies by business type). Chula Vista also
offers a lower rate for first year small businesses. San Diego offers a flat tax for businesses
with 12 or fewer employees but a flat tax with a per employee increment for larger companies.
Due to these variations in tax structure and rates within tax structures, how much tax a business
pays in each City will vary by the characteristics of the business. For some businesses Chula
Vista's rate may be the lowest where for others it would be at the mid-point. For example
Chula Vista's tax for a first year small business is less than San Diego's; Chula Vista's tax on
an existing small business is a bit higher than San Diego's; and Chula Vista's tax on medium
and larger companies and manufacturers is lower than San Diego. Since it is difficult to
compare the many nuances the following table provides a gross summary of the average annual
taxes paid by a licensed business in each City for which data was available in the California
Municipal Business Tax Association 1996 Directory. As this table shows, overall Chula Vista's
average tax is one of the lowest in the County. Information can be provided by staff for any
situation at Council's request.
9-)
Item_Page ---A-
Meeting Date 11/19/96
T ABLE: Comparison of Average Annual License Tax Paid by Businesses
San Diego County Cities-1996 (Tax Revenue/# of Licenses)
Source: Califomia Municipal Business Tax Association 1996 DiI'ectory
# of Licensed Yearly License A verage Tax
City Type of Tax Businesses Tax Revenue Per Business
Del Mar Gross Receipts 1,000 $200,000 $200.00
Oceanside Gross Recei pts 6,900 $1,105,000 $160.14
Carlsbad Gross Receipts 7,000 $1,1117,000 $159.57
San Diego Other 58,000 $8,000,000 $137.93
National City Gross Receipts 3,200 $405,000 $115.71
Imperial Beach Other 3,000 $280,000 $93.33
Escondido Gross Receipts 10,000 $925,000 $92.50
Vista Gross Receipts 5,500 $490,000 $89.09
Chula Vista Other 8,400 $740,000 $88.10
Coronado Other 1,500 $105,000 $70.00
La Mesa Other 5,500 $330,000 $60.00
San Marcos Other 3,500 $127,000 $36.29
A VERAGE OF OTHER COUNTY CITIES (Excluding Chula Vista) $124.14
CHULA VISTA AVERAGE $88.10
FISCAL IMPACT:
Based on direction given by the City Council, the $740,000 of business license tax revenue
estimated in the current budget is based on abating the CY 1997 tax rates to keep taxes at their
current level. If the City Council decides not to abate the tax, or only abate a portion of the tax,
the City's general fund revenue for this fiscal year would increase. Each five percent increase
to current tax levels would result in approximately $37,500 of additional General Fund Revenue
annually. Each five percent increase would cost an average business (four employees) $3.92
more annually and each professional an additional $5.25 annually.
Since all of the City's business licenses are renewable in January, any decision to abate the tax
for CY 1997 will only impact the current year's budget. Next fiscal year's revenues will be
determined by the tax rate set for Calendar Year 1998.
9-1
Item_Page -L
Meeting Date 11/19/96
The portion of the resolution which allows the tax rate to increase to $50 for new businesses
who do not apply for a license within 30 days should generate approximately $2500 in additional
General Fund revenue this fiscal year and $5000 in additional revenue in future years.
51-5
RESOLUTION NO.
/ J'.5i:J /
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA ABATING THE BUSINESS LICENSE TAX
RATES FOR CALENDAR YEAR 1997, HOLDING CY 1997
TAX RATES AT THE CURRENT CY 1996 LEVELS, WITH
THE EXCEPTION OF NEW BUSINESSES SUBJECT TO THE
FIRST YEAR $25 TAX RATE, WHO DO NOT APPLY FOR
A BUSINESS LICENSE WITHIN 30 DAYS OF BUSINESS
COMMENCEMENT, FOR WHICH THE TAX WILL BE ABATED
TO $50
WHEREAS, the Business License Tax ordinance (effective
January 1, 1991) provides that business license taxes will more
than double for the vast majority of businesses on January 1, 1997
unless Council passes a resolution to abate them to a lower level
than that allowed by ordinance; and
WHEREAS, tax rates have remained the same since 1991 due
to annual abatements; and
WHEREAS, based on council direction, revenue estimates in
the current budget were based on current tax rates and abating the
CY 1997 tax rates to retain the current tax rate would not affect
this year's budgeted revenue, nor would it impact next year's
budget; and
WHEREAS, notification of the public hearing were sent to
the Chamber of Commerce, the Broadway Business Association, the
Downtown Business Association and the Bonita Business and
professional Association.
NOW, THEREFORE, BE IT RESOLVED that the city Council of
the city of Chula vista does hereby abate the Business License Tax
rates for Calendar Year 1997, holding CY 1997 tax rates at the
current CY 1996 levels, with the exception of new businesses, that
are currently subject to the $25 tax rate and who do not apply for
a business license within 30 days of business commencement, for
which the tax will be abated to $50.
Presented by
Approved as to form by
Robert powell, Director of
Finance
G~~~
Ann Y. Moore, Acting city
Attorney
C:\rs\buslicen.tax
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COUNCIL AGENDA STATEMENT
Item /0
Meeting Date 11/19/96
REVIEWED BY:
Public Hearing: ZA V -96-12; Continuation of a previous public hearing
regarding an appeal from a Planning Commission denial of a request
for a variance to increase the height of a rooftop sign from 35 ft. to 42
ft. for the commercial building located at 396 E Street in the CoT
Thoroughfare Commercial zone - Martin Altbaum
Director of Planning (LV-
r~/;1
City Manager lYy~J" (4/5ths Vote: Yes_Non
ITEM TITLE:
SUBMITTED BY:
This is continuation of a previous public hearing involving an appeal from the Planning
Commission's denial of a request for a variance to allow the construction of a rooftop sign
to 42 ft. in height for the commercial building located at 396 E Street, within the C- T
Thoroughfare Commercial zone. The CoT zone limits the height of rooftop signs to 35 ft.
above grade.
The previous hearing was continued with direction from the Council that staff work towards
making the findings necessary to approve the proposed rooftop sign.
At the request of the applicant, staff recommends that this item be continued to the meeting
of December 10, 1996, unless the City Council wishes to have this matter considered at its
meeting of November 26.
/v-'j
COUNCIL AGENDA STATEMENT
ITEM TITLE:
Item: -77:R / I
Meeting Date: Nove~~;f0 f-
A) RESOLUTION No. 18416: Approving a Resource Conveyance
Agreement for the Otay Ranch SPA One, Tract 96-04. (This is a related item,
but does not require a public hearing.)
B.) RESOLUTION No. 18417: Approving the Indemnification with
Village Development for Tract 96-04. (This is a related item, but does not
require a public hearing.)
C.) PUBLIC HEARING: PCS 96-04: Consideration ofa revised tentative
subdivision map for the Otay Ranch SPA One, Tract 96-04, generally located
south of Telegraph Canyon Road between Paseo Ranchero and the future SR-
125 alignment and excluding 288 acres in Assessor Parcel No. 642-060-11 and
a portion of APN: 642-080-01.
D.) RESOLUTION No. 18398-2: Adopting the Second Addendum to
and recertifying Final Environmental Impact Report FEIR 95-0 I (SCH
#95021012) and First Addendum, readopting the Statement of Overriding
Considerations and the Mitigation Monitoring and Reporting Program for the
FEIR and approving a Revised Tentative Subdivision Map for portions of the
Otay Ranch SPA One, Tract 96-04, and making the necessary findings and
denying approval of alternative Tentative Map pro sal.
SUBMITTED BY: Special Planning Projects Manager, Otay Ranch
REVIEWED BY: City Manager&~ 4/5thsVote: es_No X)
The public hearing on this revised Tentative Map application was continued from the August 20 and
September 10, 1996 meetings to September 17, 1996. The Tentative Map was again continued from
September 17 to October 22 in order to give staff the opportunity to review the conditions of approval
and related Development Agreement in light of the new ownership situation. These issues were
addressed in an October 15, 1996 Council Informational Memo. At the applicant's request, the
hearing was continued from the October 22 meeting to November 12, 1996.
Village Development has submitted a revised subdivision map for a portion of Otay Ranch SPA One,
Chula Vista Tract 96-04, to subdivide approximately 819.6 acres into 1,850 single-family residential
lots, approximately 2,023 multi-family residential units, one elementary school site, seven park sites
totaling 28.0 acres, 172.1 acres of open space, 115 acres of commercial and 18.2 acres of community
purpose facility land The application has been modified since the original submittal to delete the
portion ofland on which West Coast Land Fund (WCLF) holds title. Village Development proposes
/1-)
Item: ~ Page 2
Meeting Date: November] 2. ] 996
to delete this approximately 288-acre area from the original Tentative Map and redesign the lots in
Village One and Five adjacent to the WCLF properties.
The Environmental Review Coordinator has reviewed the proposed revised Tentative Map and the
alternatives and has detennined that, while the revised map is in substantial conformance with the Otay
Ranch SPA One Plan for which Final Environmental Impact Report 95-0] and the First Addendum
were certified by the City Council, the revision to delete approximately 288 acres will require a second
Addendum. After preparation, the Second Addendum did not identifY any adverse environmental
impacts. Removing acres of development and reducing the number of dwelling units will reduce the
severity of the environmental impacts identified in FEIR 95-01. Therefore, staff recommends adoption
of the Second Addendum to and recertification ofFEIR 95-0] and First Addendum and reapproval of
the Statement of Overriding Considerations and the Mitigation Monitoring Program related thereto.
ISSUES:
The first two points are policy and design issues, while the second two are not outstanding issues but
are discussed later in this report:
· Implications of deleting 288 acres from the previously proposed Tentative Map (WCLF)
· Gated Neighborhoods (Council requested issue)
· Resource Conveyance Agreement (Resolution ]84]6)
· Indemnification Agreement (Resolution 184] 7)
STAFF RECOMMENDATION:
· Adopt a Second Addendum to and recertifY FEIR 95-01 and the First Addendum for the Otay
Ranch SPA One and Tentative Map for Otay Ranch, Chula Vista Tract 96-04.
· Adopt the attached resolution of approval (13898-4) for the Tentative Subdivision Map for Village
One, Phase ]-A and part of Phase 2-A of Village Five of the Otay Ranch SPA One, Chula Vista
Tract 96-04, in accordance with the findings and subject to the conditions contained in the attached
Draft City Council Reso]ution (Attachment 4).
· Deny the Applicant's request as filed for gates in Villages One and Five. The staff could support
some limited subdivision gating, but the applicant's proposal is too far reaching.
If the City Council supports the Applicant's request for gates in Villages One and Five (Applicant's
Proposal), the Council could adopt the Resolution in Attachment ] adding gate conditions ] 4] to
]46.
If the Council supports some modified gate concept for Village One and Phase ]-A or part of2-A
of Village Five (Attachment 4), the Council should approve the Tentative Map and direct staff to
II - 2--
Item: --' Page 3
Meeting Date: November 12. 1996
return on January 7, 1997 with additional conditions permitting private gates and specifYing their
location at that time.
BOARDS/COMMISSIONS RECOMMENDA nONS:
The Planning Commission met on August 14, 1996 and voted unanimously to recommend to the City
Council approval of the Tentative Map for Village One and Phase I-A of Village Five. Adoption of
the Second Addendum to the SPA One EIR was also included in their recommendation. The
Commission reiterated their opposition to gates. The Commission's recommendation is Attachment 2.
DISCUSSION:
1. BACKGROUND
Development Agreement: A Pre-Annexation Development Agreement for Village Development
was approved by the City Council on July 16, 1996. This agreement provided the developer with
vested rights regarding the entitlements and regulations that will be applicable to the development of
the property consistent with the City of Chula Vista General Plan and the Otay Ranch General
Development Plan/Subregional Plan and SPA One. Any replanning that might be initiated by West
Coast Land Fund would have to consider Village Development's Development Agreement and
remain consistent with it unless agreed to and approved by Village Development. The original
agreement was subsequently revised and was approved by the Planning Commission on October 9,
1996. The revised agreement further guarantees infrastructure improvements in cases where the
developer wants to create parcels for sale prior to finalizing the typical subdivision map.
Additionally, the revised agreement was strengthened with regard to any debt payment that might
be levied to install public improvements should the development be only partially completed. The
revised development agreement is also on the City Council agenda.
2. APPLICANT'S PROPOSAL
The Applicant is proposing to revise the Tentative Map to delete the 288 acres ofWCLF properties in
Village One and Village Five. Neighborhood R-12 is not proposed to be subdivided at this time
because the property line bisects the area. Neighborhood R-IO has been relotted to reflect the WCLF
boundary. Village Development's revised subdivision map for their portion ofOtay Ranch SPA One,
Chula Vista Tract 96-04, proposed to subdivide approximately 819.6 acres into:
1,850 single-family residential lots
2,023 multi-family residential units
One 10-acre elementary school site
7 park sites (and a portion of another) totaling 28 acres
172.1 acres of open space
11.5 acres of commercial
18.2 acres of community purpose facility land
II-~
Item: ---' Page 4
Meeting Date: November 12. 1996
Should the City Council wish to approve the applicant's proposal, they could adopt Resolution 13898-
I and Conditions of Approval in Attachment I.
3. ISSUES
A. Implications of deleting approximately 288 acres from the previously proposed Tentative
Map
Technical Committee: The Technical Committee consisting of representatives from Fire, Police,
Planning and Public Works Departments and the Project Team, met on August 8, 1996 to review the
proposal. Staff concerns are as follows:
I) Staff is concerned that future flexibility to replan Village Five would be lost if the center
portion of SPA One were deleted, i.e., private gates, access, and phasing of development, etc. In
addition, WCLF has previously voiced their concern prior to the adoption of the SPA One Plan
regarding the park, school and Community Purpose Facility (CPF) uses located on their property in the
Village Five Core. They believe the land plan for the village is inequitable because of the amount of
multi-family units on their portion of the village core. They also believe their portion of the Village Five
core has been saddled with a majority of the public land uses and community purpose facilities. It is,
therefore, foreseeable that WCLF will seek a SPA amendment to relocate these uses elsewhere in
Village Five, which would require discussions with City staff and approval of Village Development.
City staff believes that these issues should be addressed between all parties prior to approval of any
Tentative Map for Village Five. The continuance to the January 7, 1997 City Council meeting will
enable staff to facilitate a meeting between Village Development and West Coast Land Fund.
The land uses in the Village Five land plan split between WCLF and Village Development (VD) as
follows:
WCLF VD
SF Units 282 833
MF Unit 1,350 348
Total 1,632 1,181
CPF 8.1 ac. 3.9 ac.
Park 16.1 ac. 4.3 ac.
2) Staff sees the eastern part of Village Five as just a large subdivision without the support of
the village core or other amenities that are a key ingredient of a neo-traditional village.
3) Staff is also concerned about the development of the pedestrian paseos if split by the
property holdings. This pedestrian facility will not have a destination until the village core is developed.
11-'-1
Item: --' Page 5
Meeting Date: November 12. 1996
4) The Planning Department is concerned with proposed access through non-gated
neighborhoods. There are portions ofWCLF ownership that are accessed only through a gated Village
Development neighborhood. This access would not comply with City ordinances or the proposed
gated issue policies. Staff believes gating Village Five will create access problems until West Coast
Land Fund develops their portion of the village with gates. Flexibility needs to be maintained until
West Coast has committed to a land plan for their portion of Village Five. Continuing the public
hearing on Phases 2-A and 3 of the map until January 7, 1997 will give Village Development, West
Coast Land Fund and City staff an opportunity to negotiate a solution to this land plan problem. Both
Village Development and West Coast Land Fund have indicated a willingness to discuss the issues but
have not done so on their own.
5) Grading adjacent to or on the WCLF properties for Village Development is also a concern.
While the subdivision may be approved, actual development could be held back from the undeveloped
property between 50 to 100 feet to avoid future grading conflicts when the WCLF property does
develop. Any grading on WCLF property will require their approval.
6) Both the Police and Fire Departments continue to express concern regarding the Applicant's
proposal. They want to be ensured that La Media Road and East Palomar Street will be in place no
later than the trigger points which were established for the original Tentative Map proposal. They
reiterated that, if possible, they would strongly prefer that these road segments be installed earlier than
originally approved. While initial analysis indicated the thresholds could be met, the departments remain
concerned with the current proposal and the timing of La Media and East Palomar. Both departments
also indicated their concern with Neighborhood R-33 in VlIlage Five and would like to have a
temporary secondary access into this neighborhood from Telegraph Canyon Road. The existing sewer
road could potentially be used as an emergency access to this neighborhood.
B. Gated Neighborhoods
During the SPA One Plan hearings, the Planning Commission' recommended denial of gates as
proposed by the project Applicant in the SPA One Plan. At the May 14, 1996 City Council meeting,
the Council took tentative votes on individual SPA issues. On a motion by Councilmember Rindone,
the Council tentatively voted 3-2 with Horton and Alevy opposed, to support the Planning
Commission's recommendation for denial of all gates. At the June 4,1996 meeting, the Council took
final action on all their tentative decisions on the SPA. Councilmember Padilla and Mayor Horton
agreed to consider the gated communities issue at the Tentative Map level. Councilmember Alevy
offered the resolution which did not include approval of gates, and the motion passed unanimously.
Eight gates are proposed by the Applicant on the Revised Tentative Map restricting access to all the
single-family neighborhoods in both villages Under the SPA proposal, omy the single-fantily
neighborhoods north of Palomar Street in Village One were proposed to be gated. The Tentative Map
proposes gates for the neighborhoods south of Palomar Street as well as the others proposed under the
SPA One Plan. For analysis, staff has numbered the gates 1 through 10 on the previous Tentative
Map. On the revised map, Gates 4 and 8 are on WCLF property. Gates I, 2 and 3 now restrict auto
access to the Village One neighborhoods north of Palomar Street There are 874 single-family homes
11-(
Item: --' Page 6
Meeting Date: November] 2. ] 996
behind these gates on Village Development property. There were]] 5 lots in Neighborhoods R-9 and
R-]] that are on WCLF collateral on the original Tentative Map.
Gates 5, 6 and 7 restrict vehicular access to the] 59 homes proposed south of Palomar Street in Village
One. On the original Tentative Map, there were ]99 lots in the WCLF collateral and ]85 in Village
Developments property (Neighborhoods R-]2, 13 and ]4). While a gate is proposed at Neighborhood
] 2, that neighborhood is not proposed to be subdivided on this map. This neighborhood will be
subdivided sometime in the future when the WCLF access issue has been resolved.
Vehicu]ar access to the VIllage Development's portion of Village Five is now restricted by Gates 9 and
]0. Phases ]-A and 2-A are behind Gates 9 and ]0. There are ],098 units behind these gates.
All the gates restrict vehicular access ortly. Pedestrians, bicyclists and carts will have full access under
the proposed gating plan. Gates having the most amount of traffic are tentatively proposed to be
staffed. Under the proposed phasing plan, it should be noted that the gates will remain open for a
number of years prior to being closed to the general public.
While staff believes the proposal to gate neighborhoods can be functional with appropriate conditions
in limited areas, we believe the City Council should consider the following points which are not
specifically addressed in the table:
Exclusivity vs. Community: There are many arguments for and against gated communities from a
social perspective. Concerns have been raised that separating segments of society behind gates will
ortly lead to further economic and racial segregation within our community. There is the fear that those
who live behind gates have a greater apathy for those outside. On the other hand, others argue that
gates create more of a sense of neighborhood and community than a traditional subdivision. The
feeling is that people will work better together to support their 'llefined" neighborhood rather than
losing that focus in a sprawling subdivision.
Crime: Fear of crime is the most important factor leading to the move toward gated communities.
People see gates and guards and assume an area is inherently more secure. That fact, however, is
debatable and is dependent on the type of crime studied. Some reports on crime in gated communities
show that certain offenses, such as petty theft or voyeurism, are reduced with the presence of gates.
However, . certain violent crimes like murder and rape that involve people who are known to each
other, may not be reduced. Nonetheless, the perception of any affected homeowner is that gated
neighborhoods are safer.
Traffic and Circulation: Reducing traffic flow and making streets safer is one of the main reasons
gates are proposed. Proponents of gated communities argue that diverting traffic from high volume
residential streets makes the streets quieter and safer for children. In addition, if ortly residents are
allowed access to the streets, monitoring strangers driving through neighborhoods will be easier,
therefore, making the area safer for the residents.
1/- {p
Item: -' Page 7
Meeting Date: November 12. 1996
Opponents argue that gating a community may do nothing more than transfer the problem of
residential traffic from one street to another. They believe that these communities may create more
congestion by concentrating traffic on collector streets outside the development. Although if the gated
community is only a feeder to the major arterial (like a street system that is basically a series of cul-de-
sacs), it makes little difference if it is gated or not in terms of the traffic coming into a collector street.
Some literature argues that the gating of communities reduces choice and opportunities for vehicular
travel routes. This could be true depending upon the design of the street system. If it were a grid
system it could be true, but it would not be true if it were a cul-de-sac system.
Emergency Access: Gated communities pose challenges for emergency responses from police, fire and
paramedics. Unless properly controlled, gates can lead to minor delays or can result in major
difficulties in responding to emergencies or acting to evacuate areas. Mechanical access systems to
these communities exist but may not operate effectively at all times. Systems that rely solely on entry
codes face the problem of notifying emergency services when the code is changed. If these emergency
services are not notified in time, delays may result. Additionally, if gated communities have limited
points of entry and, if one entry is blocked, there is an increased delay in access to the emergency.
Currently, systems like the 'Opticom" Vehicle Strobe Detector Systems, Knox Boxes and Knox Key
Switches are provided to eliminate any difficulty in responding to emergencies that police, fire or
paramedics might have. These systems work effectively and have not led to substantially lower
response times. To ensure that, redundant multiple systems could be required. Even with these
systems, the Police and Fire Departments are still concerned and believe that gates should be staffed 24
hours a day if the gated communities cover the large number of units as proposed by the Applicant.
Multiple Ownerships: The utilization of gates to restrict public access is effective when the
properties behind the gates are under the control of a single property owner. With WCLF ownership
of a portion of SPA One and Five, the design, operation and location of restricted access gates
becomes very difficult to implement to the satisfaction of the residents of those areas and the City
operational departments. As now designed, vehicular access for the residents of WCLF properties in
Village One and Village Five would be restricted to Palomar Street and La Media Road and to La
Media Road and Orange Avenue, respectively. This creates a serious design issue for the residents of
Village Five of WCLF properties due to the shape of those properties and the approved design of the
SPA One Plan.
Metropolitan Transit Development Board (MTDB): MTDB staff is not supportive of gated
communities primarily because they believe gating contributes to a discontinuous street system and
restricts mobility. They believe that discontinuous streets inhibit pedestrian, bicycle and transit
circulation and increase automobile dependence. In addition, they believe gates form artificial barriers
between neighborhoods. MTDB sees this action as contrary to the nea-traditional goals of the Otay
Ranch GDP.
During the SPA One Plan review, staff prepared a gated communities policy paper containing general
and specific guidelines for gating neighborhoods. The general guidelines focused on the following
items:
11-1
Item: --' Page 8
Meeting Date: November 12. 1996
· Discourage gates in communities where the Growth Management Threshold Standards
could not be met
· Maintain pedestrian and bicycle access to parks, open space and other facilities
· Require that all State and City criteria be met for street design, including access for school
buses, trash pick-up and mail delivery and enforce the traffic and parking regulations of the
Vehicle Code
· Review and approve the number of units behind gates to reduce impacts to surrounding
communities.
The specific guidelines and requirements focused on the following:
· Signs indicating gated street areas and location of trails and parks open to the public
· No public services such as libraries, fire or police stations located behind gates
· Maintain alternative access to public facilities
· Enforcement of the Vehicle Code in gated communities
· Require staffing on some or all of the gates
The Engineering Department criteria for gated communities requires:
· Sufficient stacking for peak flows
· Construct streets to City standards but privately maintained
· Private storm drains
· Private street lights conforming to public standards
In addition, the Chula Vista Elementary School District wants to ensure access for the school buses,
require hold harmless and indemnification agreements and insurance from the homeowners association.
Recommendation: Staffis still concerned about the significant number of single family homes and the
lack of multi-family units proposed behind gates in this project. Gated products on a reduced scale
with a variety of densities may be acceptable. The Applicant has not submitted a revised gated proposal
accomplishing this mixture and, therefore, staff recommends denial of the gates as proposed. IT the
City Council wishes to support gates on any portion of the Tentative Map other than the
Applicants proposal for Village One and Five, the Council should approve the Tentative Map
and direct staff to return on January 7, 1997 with appropriate conditions on gates.
At the July 10 Planning Commission hearing, the Commission reiterated their previous position which
was not in support of gating the project.
1/- ~
Item: --' Page 9
Meeting Date: November 12. 1996
The following table analyzes the 10 proposed gates in relationship to the above criteria:
Gates S
Village I Village I Village 5 WCLF Total # of
NIO Palomar SIO Palomar Gates
1 I 2 I 3 5 I 6 I 7 9 I 10 4 I 8 10
General
Criteria
GMOC Yes Yes Yes Yes Yes
Threshold
Standards
Yes Yes Yes Yes Yes
Cily Ord Yes No Yes Yes YesINo
Other Yes Yes Yes Yes Yes
Agencies
Number of 874 159 1098 989 11198 4318
Units
Specific
Criteria
-Signs Yes Yes Yes Yes Yes
Signs to Yes Yes Yes Yes Yes
public fac
Facilities Yes Yes Yes Yes Yes
private
Access to Yes Yes Yes Yes Yes
other
attractors
Public Yes Yes Yes Yes Yes
enforcmnt
Staffed No I Yes No Yes Yes YesINo
Stacking Yes Yes Yes Yes Yes
PvL Street Yes Yes Yes Yes Yes
1'\1. Drain Yes Yes Yes Yes Yes
1'\1. St. Yes Yes Yes Yes Yes
Lighting
School Bus Yes Yes Yes Yes Yes
11- l'
Item: -' Page 10
Meeting Date: November ]2. ] 996
C. Comparison ofOtay Ranch to the Paloma Planned Community in San Marcos
At the August 20, ] 996 public hearing on the Development Agreement for Baldwin Builders, a number
of residents from the Paloma Master Planned Community in the City of San Marcos, as well as a
council member, testified in opposition to the Development Agreement. They testified regarding
problems being experienced in their community which was planned and constructed by the Baldwin
Company. Their concerns centered around three major topics: financing for the project, provision of
public facilities and quality of construction. The first two items are discussed below and compared to
policies in place with the City of Chula Vista and the Otay Ranch Project. The third area of concern is
the subject of a related report.
1.) FINANCING
San Marcos Chula Vista Otay Ranch
Utilized Mello-Roos CFD to CV does not utilize Mello-Roos Consistent with City policy
finance parks, schools and a fire CFD for any public facilities. CFD for elementary school has
station Only the School District utilizes been formed.
CFDs.
Assessment District to fund To date, the developer has not
infrastructure may be formed at requested the formation of an
the request of developer and Assessment District. City is
must be approved by City under no obligation to authorize
Council. Typically formed prior formation of district.
to any occupancy and used for
backbone streets, sewer and
water facilities.
Subdivision improvement bonds Consistent with City policy
required for all public
improvements. Developer has
three years to complete all
improvements and if not, the
bonds can be called in.
CFD and property taxes exceed Council policy that combined Consistent with City policy
2% of assessed value of homes property taxes and Assessment
District fees may not exceed 2%
of original assessed value of
home at time of sale.
Baldwin became delinquent in No CFDs except for schools. Consistent with City policy
payment of their fair share of the
CFD
f /-10
Item: ---' Page 11
Meeting Date: November 12. 1996
Lighting and Landscape District Open Space Maintenance Open Space Maintenance
fees were utilized District is formed prior to or District has been requested for
concurrent with approval of final the entire SPA One area.
map. City Council approves Monthly fees approximately
formation of District. $23. HOA fees estimated at
$24-$52 monthlv.
Mello-Roos fees increased Full disclosure of any Mello- Consistent with City policy
yearly Roos fees or Assessment
District fees required at time of
home purchase.
2.) PROVISION OF PUBLIC FACILITIES
San Marcos Chula Vista Otav Ranch
Parks and fire station have not PAD fees collected for parks PAD fees collected for
been completed on schedule which ensures money is in place community park (located off
if park not completed by site) and for the first 500 du for
developer. Neighborhood Parks.
Developer to provide turn-key
neighborhood parke s) after the
first 500 duo Required to never
be in deficit or building permits
may be withheld. (Conditions of
Approval #3,72 and 81). PAD
fees will be reimbursed if turn-
key facility provided.
Fire stations fioanced through No fire stations proposed with
PFDIF. Fees collected at time of first TM, however, future
building permit issuance. stations will be financed in a
manner consistent with City
policy. Update ofPFDIF
required to be financed by
developer with credit given
toward future fee (Cond. #91).
Major streets financed through Consistent with City policy
TDIF Fees collected at building
permit issuance or developer
builds facility and receives credit
towards future TDIF fees.
11- II
Item: -' Page 12
Meeting Date: November 12. 1996
In conjunction with the above financing provisions, the following trigger points were established with
approval of the SPA One Plan which ensure that facilities will be provided in a timely fashion.
500 units
Deliver graded first elementary school site with access road & utilities to the site, in 500 units
Villal1:e One 150 students
First Elementary School opened (Village One) 1,150 units
336 students
Deliver graded second elementary school site with access road & utilities to the site, 2,500 units
in Villal1:e Five 750 students
Second Elementary School opened (Village Five) 3,450 units
1,000 students
Deliver graded third elementary school site with access road & utilities to the site, 4,500 units
west of Paseo Ranchero 1,350 students
Third Elementary School opened (West ofPaseo Ranchero) 5,300 units
1,668 students
Deliver graded high school site with access road & utilities to the site 2,650 units
504 students
High School opened 5,300 units
1,007 students
SCHOOLS
1,150 units
2,650 units
3,000 units
3,900 units
ce
TRAFnCRELATEDINWROVEMENTS
Construct or guarantee the construction of offsite Telegraph 300 units
Can on Road
1-805ffel h Can on Road interchan e 500 units
Either: offsite 4 lane East Palomar SI. and 1/2 diamond;
Or: Oran e Ave as a 6 lane rime arterial to Paseo Ranchero 1,414 ivalent dwellin units
Either: offsite E. Palomar S1. & Orange Ave. to 4 lane majors with
1/2 diamond at 1-805/Palomar;
Or: Palomar SI. to a 4 lane major & Orange Ave. to a 6 lane prime 4,009 equivalent dwelling units
arterial to Paseo Ranchero
SEWER INWROVEMENTS
determined b flow meterin
u ades & some off sites with first unit
DRAINAGE IMPROVEMENTS
wi radin of any area in can on
wi construction of La Media
11- /2-
Item: -' Page 13
Meeting Date: November 12. 1996
D. Status of St. Claire (Telegraph Canyon Estates)
At the August 20, 1996 hearing for the Baldwin Builders Development Agreement hearing, a resident
spoke regarding the status of the Telegraph Canyon Estates project He indicated that many of the
homes were still unfinished or abandoned, cited a lack of maintenance and indicated that the homes
were of poor construction. These issues have been addressed in a Council Informational Memo and
the staff report for the Baldwin Builders Development Agreement which was presented to the City
Council on October 15.
E. Resource Conveyance Agreement
A Resource Conveyance Agreement, which was a condition of approval for SPA One, to be completed
prior to approval of the Tentative Map, has been prepared and is included as Exhibit F in this report
along with a Resolution approving said agreement
F. Indemnification Agreement
An Indemnification Agreement between Village Development and the City has also been prepared and
is included as Exhibit H along with a Resolution approving said agreement
4. ALTERNATE RECOMMENDATIONS
Alternative A - Approve Village I and Phase I-A of Village 5 Only
The Planning Commission supports approval of the Tentative Map for only Village Development's
portion of Village One plus Phase I-A of Village 5 which will subdivide 592.7 acres into:
1,253 single-family residential lots
1,675 multi-fiunily residential units
One 10.4 acre elementary school site
5 park sites totaling 23 .5 acres
122.7 acres of open space
11.5 acres of commercial
14.6 acres of community purpose facility land.
This alternative would give Village Development additional entitlements for their land sales program.
Staff believes that, because of the limited size of Phase I-A in Village Five (236 units on 52 acres), City
services can easily be extended and threshold standards can still be maintained while not restricting
future flexibility to reallocate land uses.
Approval of the Tentative Map for all of Village Five, together with the previously approved
development agreement ,substantially restricts the City's flexibility to adjust land uses in the future for
the WCLF properties in Villages One and Five. West Coast Land Fund has previously indicated they
are not satisfied \vith the SPA One land use plan, and they may desire an amendment to adjust the
II-l~
Item: --' Page 14
Meeting Date: November 12. 1996
school and park locations, increase the commercial acreage, delete multi-family areas and add single-
family neighborhoods. Any modification proposed by WCLF to the existing SPA One land use plan
will require a SPA amendment and a new Tentative Map and potentially a GDP amendment.
Attachment 2 is the City Council resolution approving this alternative. The conditions address just
Village One and Phase I-A of Village Five. Additionally, this alternative would allow the balance of
Village Five to be continued to the January 7, 1997 hearing affording the Applicant the opportunity to
continue negotiating with West Coast Land Fund on replanning for the area.
Alternative B - Approve Village One Only
Another alternative is approval of the Tentative Map for only Village Development's portion of Village
One and continuance ofthe map for Village Five. to the January 7, 1997 hearing.
The recommendation for only Village Development's portion of Village One would subdivide 540.7
acres into:
1,017 single-family residential lots
1,675 multi-family residential units
One 10.4 acre elementary school site
11.5 acres of commercial
14.6 acres of community purpose facility
4 park sites totaling 22.2 acres
117.1 acres of open space
If the City Council wishes to approve the staff alternative for only Village One, resolution of approval
(13898-3) with conditions is available for Council consideration (Attachment 3).
STAFF RECOMMENDATION
Alternative C - Approve Village 1 and Phase lA and a portion of Phase 2A in Village Five.
Another alternative is approval of the Tentative Map for Village Development's portion of Village One
plus Phase I-A and a portion of Phase 2-A of Village Five and continuance of the remainder of Village
Five to the January 7, 1997 hearing.
This alternative would subdivide 671 acres into:
1,588 single-family residential lots
1,675 multi-family residential units
One 10.4 acre elementary school site
5 1/2 park sites totaling 24.8 acres
134.9 acres of open space
II .5 acres of commercial
14.6 acres of community purpose facility land
11-1'-1
Item: _' Page 15
Meeting Date November 12. 1996
This scenario would provide the applicant with additional entitlements in Village Five and is solely
single family residential. While this alternative would limit flexibility to replan Village Five it is located
in the area where West Coast Land Fund had little concern with the proposed land use. West Coast
Land Fund's concern was primarily regarding the amount of park, CPF, multi-family and commercial
uses in the Village Five core area. If the City Council wishes to approve the alternative for Village One
and Phase I-A and a portion of Phase 2-A of Village Five, resolution of approval (13898-4) with
conditions is available for Council consideration (Attachment 4). This resolution would continue the
balance of Village Five to the January 7, 1997 hearing.
FISCAL IMPACT:
There is no impact of processing the Tentative Map application on the General Fund because Village
Development is reimbursing the City through a deposit account. At this point in time, Village
Development is one month delinquent. As of October 25, 1996, $44,973.52 was due and payable.
This amount has not yet been submitted to the City. It is staffs recommendation that the project be
continued until Village Development is current on all delinquent accounts. Staff will present an oral
report to Council on the status of the account.
The fiscal analysis for the Otay Ranch project was completed as part of the FIND Model and was
further evaluated in the context of the Tax Agreement. Any modifications to the phasing plan may
cause a difference in timing of anticipated cash flow, but ultimately will have not fiscal impact on the
overall project.
Attachments:
Exhibit A:
Exhibit B:
Exhibit C:
Exhibit D:
Exhibit E:
Exhibit F:
Exhibit G:
Exhibit H:
Exhibit 1:
ExhibitJ :
Attachment I
Attachment 2
Attachment 3
Attachment 4
Tentative Map Alternatives
Proposed Phasing Plan
Second Addendum to Otay Ranch SPA One ElR 95'() I
Otay Ranch Tentative Map Data
Otay Ranch Ownership Map
Resource Conveyance Agreement
Resolution # 18416 approving Resource Conveyance Agreement
Indemnification Agreement
Resolution # 18417 approving Indemnification Agreement
Disclosure Statement
Draft City Council Resolution # 183 98-1 Approving Applicant's Proposal
Draft City Council Resolution #18398-2 Approving Staff Alternative A - Village One and Phase I-A in
Village Five
Draft City Council Resolution # 183 98- 3 Approving Staff Alternative B - Village One
Draft City Council Resolution #18398-4 Approving Staff Alternative C - Village One and Phase I-A
and a portion of Phase 2-A in Village Five
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EXHIBIT "e"
SECOND ADDENDUM TO THE
DRAFT SECO?\"1>- TIER ENVIRONMENTAL IMP ACT REPORT
OTA Y RANCH SECTIONAL PLANNING AREA ONE
Regarding the Reduction in
Proj ect Scale
EIR 95-01
SCH #95021012
August 1996
Prepared by
City ofChula Vista
P.O. Box 1087
ChuJa Vista, CA 91912
11.'01- ( q
L INTRODUCTION
Section 15 I 62 of the State CEQA Guidelines provide, in part, that no additional or
subsequent Environmental Impact Report (EIR) is needed unless one of the following
conditions exist:
(a) When an EIR has been certified for a project, no subsequent EIR shall be
prepared for the project unless the lead agency determines, on the basis of
substantial evidence in the light of the whole record, one or more of the
following:
(I) Substantial changes are proposed in the project which will require
major revisions of the previous EIR due to the involvement of new
significant environmental effects or a substantial increase in the
severity of previously identified significant effects;
(2) Substantial changes occur with respect to the circumstances under
which the project is undertaken which will require major revisions
of the previous EIR due to the involvement of new significant
environmental effects or a substantial increase in the severity of
previously identified significant effects; or
(3) New information of substantial importance which was not known
and could not have been known with the exercise of reasonable
diligence at the time the previous EIR was certified as complete
shows any of the following:
(A)
(B)
(C)
(D)
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The project will have one or more significant effects not
discussed in the previous ErR;
Significant effects previously examined will be substantially
more severe than shown in the previous ErR;
Mitigation measures or alternatives previously found not to
be feasible would in fact be feasible, and would substantially
reduce one or more significant effects of the project, but the
project proponents decline to adopt the mitigation measure
or alternative; or
Mitigation measures or alternatives which are considerably
different from thos.e analyzed in the previous EIR would
substantially reduce one or more significant effects on the
environment, but the project proponents decline to adopt
the mitigation measure or alternali\'e,
]';'S'-' 2
/1~20
(b) If changes to a project or its circumstances occur or new information
becomes available after adoption of a negative declaration, the lead agency
shall prepare a subsequent EIR if required under subsection (a). Otherwise
the lead agency shall detennine whether to prepare a subsequent negative
declaration, an addendum, or no further documentation.
II. PROJECT REVISIONS
A. BACKGROUND
The originally proposed tentative map covering approximately 1,110 acres of the Otay
Ranch SPA One (all of Villages One and Five) was approved by the Planning Commission
on July 10, 1996. The proposed map was scheduled to be reviewed by the City Council on
August 6, 1996. On July 25, 1996, the Court released the "Stay of Action" which was
previously applied to the property. In light of this new information, Village Development
requested a 2-week continuance from the August 6 City Council hearing date so they
might prepare a revised tentative map excluding the 288 acres on which West Coast Land
Fund holds a collateral interest. Staff recommended and the City Council determined that
it would be best to refer the matter back to the Planning Commission for review prior to
the August 20, 1996 City Council hearing. On Thursday, August 8, 1996, the Court
granted an additional stay of action for seven days to enable the debtors to appeal the
Court action. On August 19, the N"mth District Circuit Court denied the Appellant's
emergency motion for a stay pending appeal of the bankruptcy court's order granting
relief from the automatic stay. On August 23, 1996, West Coast Land Fund became
property owner ofthe 288 acres.
B. APPLICANT'S PROPOSAL
The applicant is proposing to revise the tentative map to delete the 288 acres of West
Coast Land Fund collateral interest in Village One and Village Five from the tentative
map. Neighborhood R-12 is not proposed to be subdivided at this time because the
collateral line runs through the area. Neighborhood R-I0 has been relotted to reflect the
West Coast Land Fund boundary.
Village Development's revised subdivision map for their portion ofOtay Ranch SPA One,
Chula Vista Tract 96-04, to subdivide 819.6 acres into:
1 ,850 single-family residential lots
2.023 multi-family residential units
3,873 total units
with one lO-acre elementary school site, seven park sites totaling 180 acres, ] 72. 1 acres
of open space, 1 l.5 acres of commercial and] 8.2 acres of community purpose facility
land
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C. ALTERNATIVES
1. Approve Village One
Staff recommends approval of the tentative map for only Village Development's portion
of Village One. This alternative will not approve a subdivision for Village Five. Approval
of the map for Village Five will lock in to a greater degree the subdivision of the village
thereby reducing flexibility to adjust land uses. West Coast Land Fund has indicated they
are not satisfied with the SPA One land use plan, and they wish to adjust the school and
park locations, increase the commercial acreage, delete multi-family areas and add single-
family neighborhoods.. If Village Development is successful in retaining ownership, the
proposed map can be brought back to the Planning Commission and City Council for
approval. If a new owner becomes involved who wishes to adjust land uses, a SPA
amendment and tentative map can be brought forward after discussion with Village
Development and City staff
The recommendation for only Village Development's portion of Village One will
subdivide 540.7 acres into:
1,017 single-family residential lots
1.675 multi-family residential units
2,692 total units
",~th one lOA-acre elementary school site, four park sites totaling 22.2 acres, 117.1 acres
of open space, 11.5 acres of commercial and 14.6 acres of community purpose facility
land.
2. Approve Village One and Phase lA of Village Five
Alternatively, City staff could also support approval of the tentative map for only Village
Development's portion of Village One plus Phase lA of Village Five which will subdivide
592.7 acres into:
1,253 single-family residential lots
1.675 multi-family residential units
2,928 total units
with one lOA-acre elementary school site, five park sites totally 23.5 acres, ]22.7 acres of
open space, 1].5 acres of commercial and I].6 acres of community purpose facility land.
Ill. EV ALVA nON
Remo\'ing acres of development and reducing the number of dwelling units will reduce the
severity of the em'ironmental impacts identified in EIR 95-0]. Thi; proposal would not
change any of the thresholds or performance standards contained within the conditions of
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SP A One and the Public Facilities Finance Plan necessary to assure that necessary public
facilities are in place when they are needed. The obligation for the phased dedication of the
preserve will also not change due to this or any change in ownership.
IV. CONCLUSION
The proposed revised project will not require the preparation of any further environmental
documentation because:
1. The project will have fewer and less severe environmental impacts due to
the reduced scope.
2. All necessary public facilities will continue to be provided on an as needed
basis.
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West Coast Land Fund
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Baldwin Builders
till SNMS, Inc.
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lm Jewels of Charity
t[] Stephen and Mary Patrick Birch Foundation
~ Greg Smith
0 United Enterprises A North
Kml Bank of America Scale: 1: 2400
Date: August 27, 1996
Otay Ranch Ownerships
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EXHIBIT E
PAGE 1 OF 2
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EXHIBIT E
PAGE 2 OF 2
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EXHIBIT "F"
AGREEMENT FOR IMPLEMENTATION OF THE OTAY RANCH
PHASE 2 RESOURCE MANAGEMENT PLAN
AS IT RELATES TO THE CONVEYANCE OF
LAND TO THE OTAY RANCH PRESERVE OWNER/MANAGER
ATTENDANT TO OTAY RANCH SPA ONE
THIS AGREEMENT, made this day of 1996, for the
purposes of reference only and effective as of the date last
executed by the parties, is made between THE CITY OF CHULA VISTA,
a Chartered municipal corporation of the State of California
("City") and VILLAGE DEVELOPMENT, a California general partnership,
and THE OTAY RANCH, L.P., a California limited partnership,
collectively referred to hereafter as ("Village"), and is made with
reference with the following facts:
WHEREAS, on October 28, 1993, the San Diego County Board
of Supervisors and the Chula vista City Council jointly adopted the
otay Ranch General Development Plan/Subregional Plan (GDP) ,
including the Otay Ranch Phase 1 Resource Management Plan (Phase 1
RMP), governing the development of the 23,000 acre Otay Ranch
project; and,
WHEREAS, 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 ~21000 et seq.), certified the Final Program Environmental
Impact Report for the GP, 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; and,
WHEREAS, the GDP and Phase 1 RMP require, as a condition
of the development of Otay Ranch, the phased creation of an 11,375
acre Resource Preserve to be owned and operated by a public or
quasi-public Preserve/Owner Manager; and,
WHEREAS, the Otay Ranch GDP Program EIR and Findings of
Fact find that the creation of the 11,375 acre Resource Preserve
mitigates identified biological impacts of the Otay Ranch project,
including cumulative biological impacts; and,
WHEREAS, the Statement of Overriding Consideration for
the otay Ranch GDP finds that the creation of the managed Resource
Preserve provides for substantial social, environmental and
economic benefit, so as to outweigh the project's adverse,
unavoidable environmental impacts; and,
WHEREAS, on March 6, 1996, the San Diego county Board of
Supervisors adopted the otay Ranch Preserve Conveyance Plan which
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identifies specific open space areas within Otay Ranch which must
be conveyed to the otay Ranch Preserve Owner/Manager as a condition
of the development of otay Ranch SPA One; and,
WHEREAS, on June 4, 1996, the City of Chula vista City
Council adopted the otay Ranch Phase 2 Resource Management Plan
(Phase 2 RMP), including a Preserve Conveyance Plan essentially
identical to the plan previously adopted by the San Diego county
Board of Supervisors; and,
WHEREAS, the Conveyance Plan adopted by the city of Chula
vista and the San Diego County Board of supervisors, requires that
for everyone acre of developable land within otay Ranch, the
project applicant must convey 1.188 acres of preserve land to the
Preserve Owner/Manager as a condition of approval of each Final
Map, or pay a fee-in-lieu thereof; and,
WHEREAS, on June 4, 1996, the City of Chula vista enacted
the Otay Ranch SPA One Plan, including a SPA condition that
development within SPA One convey land to the Preserve
Owner/Manager in compliance with the provisions of the Phase 2 RMP
and the Otay Ranch Preserve Conveyance Plan; and,
WHEREAS, on June 4, 1996, the City vista city Council,
pursuant to Resolution No. 18286, and in accordance with CEQA,
certified the SPA One Second-Tier Environmental Impact Report and
Addendum, SCH #95021012 ("FEIR 95-01" or "SPA One EIR") , made
certain Findings of Fact, adopted a Mitigation Monitoring and
Reporting Program, and adopted a Statement of Overriding
Considerations; and,
WHEREAS, in accordance with the California Environmental
Quality Act ("CEQA") (Pub. Resources Code 521000 et seq.) the Otay
Ranch General Development Plan ("GDP") Program Environmental Impact
Report, SCH #9010154 ("Program EIR 90-01" or "Program EIR") , was
prepared to analyze the significant environmental impacts of the
GDP, as well as mitigation measures and alternatives to lessen or
avoid those significant environmental impacts to the extent
feasible; and,
WHEREAS, in reliance on the analysis in the otay Ranch
Program EIR, the sectional Planning Area One ("SPA One") Second-
Tier Environmental Impact Report, SCH #95021012 ("FEIR 95-01" or
"SPA One EIR") , was prepared to analyze the significant
environmental impacts of SPA One, as well as mitigation measures
and alternatives to lessen or avoid those significant environmental
impacts to the extent feasible; and,
WHEREAS, the SPA One EIR incorporated the findings,
conclusions and mitigation measures contained in the otay Ranch GDP
Program EIR, including those mitigation measures relating to the
creation of the 11,375 acre Resource Preserve; and,
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WHEREAS, the Phase 1 RMP, the Phase 2 RMP, the GDP, the
Conveyance Plan and attendant environmental documentation rely upon
implementation of the land plan and the Resource Preserve System
which concentrates development onto less sensitive and non-
sensitive land while preserving large interconnected areas of
habitat; and,
WHEREAS, the Resource Preserve not only mitigates
environmental impacts caused by the development of SPA One, but
also mitigates impact caused by the construction of public
facilities outside of SPA One which are needed to serve SPA One;
and,
WHEREAS, village and the city have executed a Pre-
annexation Development Agreement which compels Village to comply
with all existing approvals including the GDP, Phase 1 RMP, Phase
2 RMP and the Open Space Conveyance Plan; and,
WHEREAS, Village has a current application pending before
the City for Tentative Map approvals related to otay Ranch SPA One;
and,
WHEREAS, the SPA One Conditions of
requires the Tentative Map applicant to enter
with the city prior to approval of the initial
Map to implement provisions of the Phase 2 RMP;
Approval No. 10
into an agreement
SPA One Tentative
NOW, THEREFORE, the parties hereto do hereby agree as
follows:
1. Pursuant to the SPA I Resource Preserve Conveyance
Plan and the Phase 2 RMP, Village agrees to convey land described
in Paragraph 3 below ("the Land to be conveyed"). Village agrees
to convey to the Preserve/Owner Manager said land prior to approval
of each Final Map submitted for approval to the city. Village
agrees to provide the City with proof that such conveyance of fee
or easement has been completed prior to or upon its application or
request for each final map approval. For purposes of this
Agreement, "each Final Map" shall be defined as set forth in Chula
vista Municipal Code Section 18.08.180, which is commonly referred
to as a "B Map".
2. Pursuant to the Phase 2 RMP village shall convey
1.188 acres of preserve land within the Resource Preserve for each
one (1) developable acre in each Final Map.
Pursuant to the Phase 2 RMP a developable acre is
defined as the land area contained in each Final Map excluding
schools, local parks, arterials, SR 125, lands designated as a
public use area and Limited Development Areas in Planning Areas 16
and 17.
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Pursuant to the Phase 2 RMP, at this time there are
approximately 819 acres of developable land within SPA One, which
requires Village to convey 927 acres of land to the Resource
Preserve to mitigate the impacts of such development.
3. The Land to be Conveyed shall be located in an area
in conformance with the criteria set forth in the Phase 1 and 2 RMP
and the SPA One Preserve Conveyance Plan. All parcels to be
conveyed to the POM shall be generally contiguous unless determined
otherwise by the City Manager or designee. The Land to be Conveyed
must be approved by the City Manager or designee.
4. Village Development agrees that the Land to be
Conveyed shall be in fee, free and clear of liens or encumbrances,
except for easements for existing public infrastructure and
easements for planned public infrastructure as permitted in the
Phase 2 RMP.
5. Notwi thstanding Paragraph 4, upon written consent of
the POM and the appropriate lien holder, Village may convey an
easement to the POM which restricts use of the Land to be Conveyed
to those uses permitted by the Phase I and II RMP. Conveyance of
said easement shall be required upon the recordation of each Final
Map for an amount of land equal to the final map's obligation to
convey land to the Resource Preserve.
If Village conveys an easement with the requisite
consent, it shall provide written subordination of any prior lien
holders in order to ensure that the POM has a first priority
interest in such land. Where an easement is conveyed, fee title
shall be conveyed immediately upon demand by the POM. Where
consent and subordination cannot be obtained, Village shall convey
fee title.
6. At the time of conveyance, Village agrees to
provide, at its sole cost and expense, a standard form C.L.T.A.
Owner's Title Insurance Policy issued by a title company acceptable
to City insuring POM's title to the Land to be Conveyed subject
only to the exceptions set forth in Phase 2 RMP.
7. Village agrees to indemnify, hold harmless, pay all
costs and provide a defense for City in any legal action filed in
a court of competent jurisdiction by a third party challenging the
validity of this Agreement. The provisions of this Section 7 shall
not apply to the extent such damage, liability or claim is caused
by the intentional or negligent act or omission of City, its
officers, agents, employees or representatives.
8. Village acknowledges that the City of Chula Vista
and the County of San Diego are currently developing ordinances
which will permit payment of fees-in-lieu of Land to be Conveyed to
the POM. It is anticipated that said City ordinance will be
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considered by the city council in its discretion prior to approval
of any Final Map. Village agrees to comply with the provisions of
said City ordinance upon its adoption. If the adopted ordinance
permits payment of a fee in lieu of actual conveyance of preserve
land, or any combination thereof, Village may, in the City's sole
discretion, pay a fee in lieu in satisfaction of the conveyance
requirements of this agreement.
9. All provisions of this Agreement are binding on
village and its successors in interest. The parties further agree
that this covenant touches and concerns the land within the
territory of Otay Ranch General Development Plan, and is for the
specific benefit of the city. The parties agree that this
Agreement shall run with the land and shall be recorded upon its
execution.
10. The Recitals set forth in this Agreement are part of
this Agreement.
11. If there is a conflict between this Agreement and
the provisions of the SPA I Preserve Conveyance Plan, Phase 1 and
2 RMP, the provisions of the SPA I Conveyance Plan, Phase I or 2
RMP shall prevail.
12. The City is a third party beneficiary of this
Agreement and has the right, but is not required to enforce the
provisions contained herein. village shall provide any purchaser
of property within SPA One with notice of this Agreement.
13. Village acknowledges and agrees that conveyance of
the preserve land in accordance with this Agreement is necessary
and needed to mitigate the environmental impacts, as identified in
the Program EIR, 95-01, and the GDP PCM 90-03, resulting from the
development of SPA One of the Otay Ranch Project.
IN WITNESS WHEREOF, the parties hereto do hereby agree as
of the date indicated adjacent to their signature below.
5
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SIGNATURE PAGE TO AGREEMENT FOR IMPLEMENTATION OF THE
OTAY RANCH PHASE 2 RESOURCE MANAGEMENT PLAN
AS IT RELATED TO THE CONVEYANCE OF OPEN SPACE
TO THE OTAY RANCH PRESERVE OWNER/MANAGER
ATTENDANT TO OTAY RANCH SPA ONE
DATED:
DATED:
THE CITY OF CHULA VISTA
VILLAGE DEVELOPMENT, a
California general
partnership
By:
Shirley Horton, Mayor
By:
James P. Baldwin, Partner
ATTEST
City Clerk
DATED:
Approved as to form by
THE OTAY RANCH, L.P., a
California limited
partnership
By: Sky Communities, Inc., a
California corporation,
General Partner
Ann Moore
Acting city Attorney
By:
James P. Baldwin, President
C:\Agmt\Convagr1.Doc
6
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RESOLUTION NO. 1'6 L( / I
P EXHIBIT "GlI
RESOLUTION OF THE CITY COUNCIL APPROVING A RESOURCE
CONVEYANCE AGREEMENT FOR THE OTAY RANCH SPA ONE,
CHULA VISTA TRACT 96-04
WHEREAS, on October 28, 1993, the San Diego County Board of Supervisors and the Chula
Vista City Council jointly adopted the Otay Ranch General Development Plan/Subregional Plan
(GDP/SRP), including the Otay Ranch Phase I Resource Management Plan (Phase I RMP), governing
the development of the 23,OOO-acre Otay Ranch project; and,
WHEREAS, 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 g21000 et seq.), certified the Final Program Environmental Impact Report for the GP, 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;
and,
WHEREAS, the GDP and Phase I RMP require, as a condition of the development of Otay
Ranch, the phased creation of an II ,375-acre Resource Preserve to be owned and operated by a public
or quasi-public Preserve Owner/Manager; and,
WHEREAS, the Otay Ranch GDP Program EIR and Findings of Fact find that the creation of the
11,375-acre Resource Preserve mitigates identified biological impacts of the Otay Ranch project,
including cumulative biological impacts; and,
WHEREAS, the Statement of Overriding Considerations for the Otay Ranch GDP Program EIR
and Findings of Fact find that the creation of the 11,375-acre Resource Preserve mitigates identified
biological impacts of the Otay Ranch project, including cumulative biological impacts; and,
WHEREAS, on March 6, 1996, the San Diego County Board of Supervisors adopted the Otay
Ranch Preserve Conveyance Plan which identifies specific open space areas within Otay Ranch which
must be conveyed to the Otay Ranch Preserve Owner/Manager as a condition of the development of
Otay Ranch SPA One; and,
WHEREAS, on June 4, 1996, the City of Chula Vista City Council adopted the Otay Ranch Phase
2 Resource Management Plan (Phase 2 RMP), including a Preserve Conveyance Plan essentially identical
to the plan previously adopted by the San Diego County Board of Supervisors; and,
WHEREAS, the Conveyance Plan adopted by the City of Chula Vista and the San Diego County
Board of Supervisors, requires that for everyone acre of developable land within Otay Ranch, the project
applicant must convey 1.188 acres of preserve land to the Preserve Owner/Manager as a condition of
approval of each Final Map, or pay a fee-in-lieu thereof; and,
1/-33-
WHEREAS, on June 4, 1996, the City of Chula Vista enacted the Otay Ranch SPA One Plan,
including a SPA condition that development within SPA One convey land to the Preserve Owner/Manager
in compliance with the provisions of the Phase 2 RMP and the Otay Ranch Preserve Conveyance Plan;
and,
WHEREAS, on May 14, 1996, the City Vista City Council, pursuant to Resolution No. 18284,
and in accordance with CEQA, certified the SPA One Second-Tier Environmental Impact Report and
Addendum, SCH #95021012 ("FEIR 95-01" or "SPA One EIR"), made certain Findings of Fact, adopted
a Mitigation Monitoring and Reporting Program, and adopted a Statement of Overriding Considerations;
and,
WHEREAS, in accordance with the California Environmental Quality Act ("CEQA") (Pub.
Resources Code ~21000 et seq.) the Otay Ranch General Development Plan ("GDP") Program
Environmental Impact Report, SCH #9010154 ("Program EIR 90-01" or "Program EIR"), was prepared
to analyze the significant environmental impacts of the GDP, as well as mitigation measures and
a1ternafives to lessen or avoid those significant environmental impacts to the extent feasible; and,
WHEREAS, on October 28, 1993, the Chula Vista City Council, pursuant to Resolution No.
17298, and in accordance with CEQA certified the Otay Ranch GDP Final Program EIR, made certain
Findings of Fact, adopted a Mitigation Monitoring and Reporting Program, and adopted a Statement of
Overriding Considerations; and,
WHEREAS, in reliance on the analysis in the Otay Ranch Program EIR, the Sectional Planning
Area One ("SPA One") Second-Tier Environmental Impact Report, SCH #95021012 ("FEIR 95-01" or
"SPA One EIR"), was prepared to analyze the significant environmental impacts of SPA One, as well
as mitigation measures and alternatives to lessen or avoid those significant environmental impacts to the
extent feasible; and,
WHEREAS, on May 14, 1996, the Chula Vista City Council, pursuant to Resolution No. 18284,
and in accordance with CEQA, certified the SPA One EIR, made certain Findings of Fact, adopted a
Mitigation Monitoring and Reporting Program, and adopted a Statement of Overriding Considerations;
and,
WHEREAS, the SPA One EIR incorporated the findings, conclusions and mitigation measures
contained in the Otay Ranch GDP Program EIR, including those mitigation measures relating to the
creation of the 11,375-acre Resource Preserve; and,
WHEREAS, the Phase I RMP, the Phase 2 RMP, the GDP, the Conveyance Plan and attendant
environmental documentation rely upon implementation of the land plan and the Resource Preserve
System which concentrates development onto less sensitive and non-sensitive land while preserving large
interconnected areas of habitat; and, .
WHEREAS, the Resource Preserve not only mitigates environmental impacts caused by the
development of SPA One, but also mitigates impact caused by the construction of public facilities outside
of SPA One which are needed to serve SPA One; and,
WHEREAS, Village Development and the City have executed a Pre-annexation Development
Agreement which compels Village Development to comply "ith all existing approvals including the GDP.
Phase I RMP, Phase 2 RMP and the Open Space Conveyance Plan; and,
II ~?f1
WHEREAS, the SPA One Conditions of Approval #5 requires an agreement to implement the
GDP, Phase I and 2 RMP with the City prior to approval of the initial SPA One Tentative Map;
NOW, THEREFORE, BE IT RESOLVED THAT THE CITY COUNCIL PASSED, APPROVED
and ADOPTED the attached Agreement for Implementation Of The Otay Ranch Phase 2 Resource
Management Plan As It Relates To The Conveyance Of Land To The Otay Ranch Preserve
Owner/Manager Attendant To Otay Ranch Spa One,
BE IT FURTHER RESOLVED that the Mayor of the City of Chula Vista is hereby authorized
and directed to execute said Agreement for and on behalf of the City of Chula Vista.
Presen ted by:
Approved as to form by:
Gerald J. Jamriska, AICP
Special Planning Projects Manager
0- ~ '--1 rv1 ~<r-S1
Ann Y. Moore
Interim City Attorney
/I ~~ ?"
EXHIBIT nHn
FIRST AMENDMENT TO AGREEMENT FOR INDEMNIFICATION
AND COVENANTS FOR ACTIONS TAKEN BY CITY RELATED
TO THE OTAY RANCH
This First Amendment to Agreement for Indemnification and
Covenants for Actions Taken by City Related to the Otay Ranch is
made as of July 30, 1996, by and between THE CITY OF CHULA VISTA,
a Chartered municipal corporation of the State of California
("city"), The otay Ranch, L.P. ("otay"), a California limited
partnership, and village Development ("Village"), a California
general partnership, acting on their own behalf and on behalf of
various other Baldwin-related entities they have been empowered to
act as the agent for in the securing of entitlements, Tiger
Development Two ("Tiger"), a California limited partnership, James
Baldwin and Al Baldwin, (Otay, village, Tiger, James Baldwin and Al
Baldwin are collectively referred to herein as liThe Baldwin Group",
and when doing so in the context of a duty or obligation, shall
constitute a joint and several duty on each and everyone of said
entities) and is made with reference with the following facts:
RECITALS
WHEREAS, the Parties entered into an Agreement for
Indemnification and Covenants for Actions Taken by City Related to
the Otay Ranch on May 14, 1996, which was approved by the City
Council by Resolution No. 18287 on May 14, 1996, (liThe Original
Agreement"), and;
WHEREAS, good cause exists for amending The Original
Agreement.
NOW, THEREFORE, the Parties hereto do hereby agree as
follows:
amended
amended
The following portion of The Original Agreement is hereby
and shall henceforth read as follows, unless further
in writing by the Parties:
II. Third Party Claims.
A. Indemnity.
The Baldwin Group hereby agrees to indemnify and
hold the City, and each of its officers (including elected
officials), employees and agents ("Indemnitees") harmless from and
against any and all claims, suits, actions, or other proceedings to
which the Indemnitees are exposed ("Proceedings") and from and
against any and all losses, expenses, expenditures, costs,
judgments, decrees, and orders (including orders for the payment of
attorney's fees and costs) to which the Indemnitees are exposed or
which the Indemnitees have incurred ("Losses") relating to, caused
1
II-~
!:'~J
by, or resulting from the Indemni tees's preparations, review,
approval or implementation of each and all of the Current
Applications for Discretionary Approvals and Otay Ranch Tentative
Map(s), Otay Ranch Development Agreement and Otay Ranch Open Space
Conveyance Plan ("Indemnitee's Actions"), including, but not
limited to:
(1) any and all Proceedings related to an alleged
violation of automatic stays that may apply in the
existing Bankruptcy Case or future bankruptcies;
or,
(2) any and all Proceedings to attack, set aside,
void or annul any of the decisions or
determinations that the Indemnitees make in
connection with the approval of the Project,
including but not limited to, circulation and
certifications of Environmental Impact Report, and
the making of findings, approval of mitigation
measures, approval of a mitigation monitoring and
reporting programs, and statement of overriding
considerations; or,
(3) any and all Proceedings contending
Indemnitee's Actions constitute one
incidences of exercise of eminent domain,
or inversely; or,
that the
or more
directly
(4) and all Proceedings contending that the
Indemni tee's Actions are invalid as not roughly
proportional to the impact of the development; or,
(5) any and a 11 Proceedings asserting any other
theory contesting or challenging the lawfulness or
legality of the Indemnitee's Actions.
In addition, at page one of the Original Agreement,
footnote 3 is hereby deleted.
All other provisions of the Original Agreement remain in
full force and effect.
By signature below, the Parties hereto acknowledge
receipt of good and valuable consideration upon execution of this
First Amendment.
2
11-3-1
SIGNATURE PAGE TO FIRST AMENDMENT TO AGREEMENT
FOR INDEMNIFICATION AND COVENANTS FOR ACTIONS
TAKEN BY CITY RELATED TO THE OTAY RANCH
IN WITNESS WHEREOF, the parties hereto do hereby agree as
of the date indicated adjacent to their signature below.
DATED:
THE CITY OF CHULA VISTA
Shirley Horton, Mayor
[attach acknowledgement]
ATTEST
Beverly A. Authelet
City Clerk
APPROVED AS TO FORM:
Ann Y. Moore
Acting city Attorney
DATED:
"OWNER"
THE OTAY RANCH, L.P.,
a California limited partnership
By Sky Communities, Inc.,
a California corporation,
its General Partner
By:
James P. Baldwin
President
Village Development,
a California General Partnership
By:
James P. Baldwin
President
c: \Agllt\Allendllnt. Ind
3
11- ~ c{
EXHIBIT "I"
RESOLUTION NO. 18417
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPRoVING THE INDEMNIFICATION
AGREEMENT BETWEEN VILLAGE DEVELOPMENT AND THE
CITY OF CHULA VISTA
WHEREAS, the Indemnification Agreement was originally
approved by the city with village Development on May 14, 1996.
NOW, THEREFORE, BE IT RESOLVED the city Council of the
city of Chula vista does hereby approve the First Amendment to the
Indemnification Agreement between village Development and the City
of Chula Vista, a copy of which is on file in the office of the
city Clerk as Document No.
BE IT FURTHER RESOLVED that the Mayor of Chula vista is
hereby authorized and directed to execute said First Amendment to
the Indemnification Agreement on behalf of the city of Chula vista.
Presented by
Approved as to form by
Gerald Jamriska, special
Planning Projects Manager
CL- y ~~
Ann Y. Moore, Acting City
City Attorney
C:\rs\resource.ind
ll-~
-"1
"i1 ;,. ,;,Tl' OF OWl..... \-lSTA [;' <:;[ '0'_'''-'' STATE:',i2;.
EXHIBIT "J"
You are required to rue a Statement of Disclosure of certain owner.;hip or financial iDteresLS, pa)'menLS, or ""mpaign
conlributiollS. Oil aU mallets which will require dlscretiol1ary actiOn on the part of the Ciry Coul1ci1, l'lannillg Commission. aod
aU other official bodi~ The foUowing Wormatlon must be di.sdO!>ed:
,
I. lJst the Dames of aU petSOlIS having a fiDallciallllterest in the property wl1Jch Is the subject of the application or the
CODtr.oa, e.g.. owner, applicant, contractor, ~ubcolltractor. material supplJer.
Village Development
The Otay Ranch, L.P.
.
2. Ihll)' persoll" IdClltL6ed pursuant to (I) above is a I'Orporatioll or partDcrsbip, list the parnes oCau iIldividuals owuing
more than 10% of tbe shares ill the I'Orporation or OWlI.illg any partnership interest in the partDership.
James P. Baldwin
Alfred E. Baldwin
3. It any persoll. identified pursuant to (1) above is lIon'profit organiZation or a trusl, list the DaMes of any person
serving as director of tbe nOD.profit organiZation or as truste;, or beneCidluy or trustor of tbe tnlSL
N/A
... HaveJ'Ou had.more than $250 MInh of business tratlSllcted with any member of the City staff, Boards, ColDDIiUlollS,
Commlnees. aDd. Council within the past twelve mODths? Yes_ No~ U)'eS. please iIldlc:ate penoo(s):
S. Please identifY-eaCh and C'o'eI)' person, iIlcluding any agellls, employees. consultatllS, or IndepeadeDt cootraCUln wIlo
)'Ou bave assIgned to represent )'Oil before tbe Clty in this mailer.
Kim John Kilkenny
Ranie Hunter
Robert Cameron
James Baldwin
Kent Aden
Alfred Baldwin
6.
Have you and/or your officers or ageDts, ill tbe awe~ate, contnouled 1II0re thap $1,000 to a Couneil.member ill the
current or precediDg election period? Yes_ No-.:... U yes, Slate w~ch CouDcilmember(s):
Date.:
Nove!':"lcer 7,
" " · (NotE: Anadl additional pap as ~'Y) " " ·
~ 'f;fZ'/
1996 JZ:-/~/'';/ ./-
, Signature ef'coDtractor/appUeant
Kim 00hn Kilkenny, Vice ?resioebt
Print or type Ilame oC cont"'c:torlappUcant
. ~& d4fnU = 'Any indi>-id=I,fimt, ~,jc<nJ""",", P-;"<~. ><>Ci.~club.~ ~ ~....... -..; ~,~
rAil -'" .., "q.., ~. ci<y tmd """""Y. ci<y ~, .w.rid, '" oWr po/iM4J .odJi>~ '" ...,. od>6 ~ '" ~ oaio1r... ......
f/-LfO
UNOFFICIAL
EXCERPT FROM 10/9/96 PLANNING COMMISSION MINUTES
ITEM 1:
ORDINANCE: AMENDING OTAY RANCH PRE-ANNEXATION
DEVELOPMENT AGREEMENT BETWEEN OTAY RANCH, L.P., A
CALIFORNIA LIMITED PARTNERSHIP, VILLAGE DEVELOPMENT, A
CALIFORNIA GENERAL PARTNERSHIP, AND THE CITY OF CHULA
VISTA
Special Planning Project Manager Jamriska presented the staff report. On June 25, the Planning
Commission in joint session with the City Council approved a development agreement for
Village Development and Otay Ranch, Tiger Development 2, and Tigerheart. The area included
the entire SPA I. Also on that date, United Enterprises and Greg Smith development agreements
were approved. In August, the Planning Commission considered and recommended for approval
the Jewels of Charity, Stephen and Mary Birch Foundation, SNMB Limited development
agreements. Council introduced the development agreements but they have not been adopted
because staff was waiting for the applicant to submit the required signatures relating to the
nuisance easement surrounding the landfill area. Baldwin Builders development agreement
would be presented to the City Council on October 15. Village Development, together with the
tentative map, would be submitted to Council on October 22. When the Village Development
agreement was approved for the entire SPA, it was all under one ownership. Since that time,
there had been a foreclosure and West Coast Land Fund is a new property owner. As the
development agreement was refmed, it was by mutual desire between the City and Village
Development to revise the development agreement in three areas: (1) to further guarantee the
infrastructure that would be going in as part of the tentative map; (2) head off any potential
problems that may occur with regard to any debt payment that may be required for any required
public improvements; and (3) should development be only partially completed on any particular
project, what steps could be taken to tighten up the development agreement. Mr. Jarnriska
highlighted the changes between the previously approved development agreement and the one
being presented for Planning Commission consideration. Staff recommended that the Planning
Commission recommend to the City Council adoption of the amended development agreement.
Commissioner Salas, regarding Section 7.11, asked if the developer failed to remedy the
problem if a nuisance or safety hazard, the City would take care of it and collect from the
developer. She questioned if they were in bankruptcy and if the money was not available, how
was it guaranteed that the City could collect for that. Mr. J amriska said staff was requiring
excess funds be deposited for the amount of improvements; and if that did not exist, a lien could
be placed on a particular property.
Commissioner Thomas asked what happened to the 1,031 acres that Tiger had. Mr. Jamriska
replied that that particular property was foreclosed upon by West Coast Land Fund.
Commissioner Thomas, regarding Section 7.1, Subordination, asked how strong the agreement
was regarding challenge. Since the whole project seemed to be entwined with each other, and
the agreement goes with the land, if one of the new landowners challenges any of this agreement
and it is litigated, what happens to the other developers around it? Mr. J amriska said one of the
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key provisions of the development agreement is the subordination statement. It places any future
property owner on notice that the development agreement exists, and all the requirements of the
development agreement which are contained in the General Development Plan, the SPA, the
Public Facilities Financing Plan, and the map conditions must be complied with. Because the
agreement runs with the land, and because Village Development successors in interest and any
lienholder's successors in interest will be governed by the requirements of the development
agreement, if the development agreement is not complied with, the issuance of further permits
stops and discretionary applications halt. If construction stops, there are other adequate
provisions. In terms of litigation, they would probably have to seek an injunction to stop further
implementation of the agreement.
Commissioner Thomas was concerned that if a lawsuit is filed and challenged, since there are
so many different owners, would the whole project stop? Mr. Iamriska replied that it was a
possibility. He noted that before the development is approved and before the tentative map is
approved, the lienholders will be required to subordinate their interest to the development
agreement and thereby acknowledge it. So they are in essence waiving their right to challenge
it, in essence.
Commissioner Salas asked if in the future the merchant builder would be shouldering the cost
of the backbone infrastructure. Mr. Iamriska said that the agreement and tentative map
conditions were very closely paralleling each other, even though the development agreement was
more global than the tentative map. The development agreement and tentative map will permit
Village Development to get approval for an "A" map which will entitle them to sell large blocks
of land to other entities. That would not give them any entitlements except to build one house
on each lot at the "A" map. The "B" map was where they would start subdividing the large
superblock lots into marketable lots for sale. That is when the infrastructure will be required
to be installed, as required by the tentative map conditions. The backbone facilities for the
tentative map pending before the City Council have been identified and will be constructed
before the first "B" map is approved.
Commissioner Salas said that another part of it was whether or not the merchant builder would
have the fmancial ability to get a completion bond. Mr. Iamriska stated that before the first
final "B" map is approved, the builder would be required to post appropriate securities. The
"B" map gives them the entitlement to build individual homes. The "A" map superblock permits
them to sell the large lots to a merchant builder who may then provide for the "B" map
infrastructure requirements. In case Village Development no longer exists, the first developer
would be required to provide the backbone facilities. Through the PFFP, the development
agreement, and the conditions of the tentative map, assurances have been made that before the
first entitlements are given, certain backbone facilities have to be completed as identified.
Commissioner Ray understood that any subsequent developer still had the right to change the
land use plan and seek a new agreement. Mr. Iamriska said that any property owner or any
signer of a development agreement had the right to seek amendments to a development. That
did not mean that the City would approve a modification to a development agreement. A
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development agreement conveyed to the developer certain rights that would be vested forever
as long as they complied with the requirements of the development agreement.
Commissioner Ray stated this in essence would be for the existing plan without any major
modifications, primarily. Mr. Jamriska concurred, and said that it did not limit any party to
apply for a change in the development plan.
Commissioner Ray, regarding Section 7.11, asked if there was some quantifiable time that says
they must commence construction once the building permit was pulled, and how long does that
run. What is "diligent"? Mr. Jamriska stated that the Building Code specified how frequently
or infrequently they must call for inspection of any particular segment of building construction.
He believed that was close to a year; if they did not call for an inspection within a particular
period of time, the building permit is null and void or the City can require completion. There
could be certain bonds put up for certain improvements, such as park or landscaping, and the
City did not have to wait the normal time provision to require calling those bonds once it is
declared a nuisance.
Commissioner Ray was concerned about their pulling building permits, doing nothing for up to
two years, and then commencing construction. He did not see a tie-in for a specific timeframe.
He could see that being open for interpretation in legal circles.
Assistant Planning Director Lee explained that if they pull permits, they have a certain
timeframe in which they must start construction or the permit expires. Staff would rule that that
is not diligently pursuing the construction. The timeframes vary. Mr. Lee would get
Commissioner Ray the information.
Commissioner Ray stated that he did not have a strong opposition as long as the City Attorney
gave him some assurance that "diligently" was not too broad a term and that, if the City wanted
to come in after eight months, that could not be interpreted as not giving the developer due
diligence.
Mr. Lee responded the City Attorney's office had reviewed the agreement and was comfortable
with it.
Mr. J amriska stated there were several phases where inspections would be required. If staff
thought the builder was not diligently pursuing completion of construction, the City after
declaring it a nuisance, fire, or safety hazard, could then rectify the situation.
Attorney Fritsch stated that language was included which gave the City sole discretion to make
the determination as to whether or not there is a nuisance, and the developer would have to
abide by it.
Chair Tarantino noted that this was not a public hearing, but he had two requests to speak. With
concurrence from the Commissioners, he allowed them to speak.
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Kim Kilkenny, Village Development, 11975 EI Camino Real, SD, emphasized that the reason
the development agreement had been revised was the desire on behalf of the City staff to ensure
that the incidents in St. Claire would not be repeated in Otay Ranch. The vast majority of the
changes were designed to increase the City's security that performance would happen. To
clarify Commissioner Salas' question as to how they could be assured that should the developer
not survive that the City is not stuck and would have the cash on hand to move forward and
make the necessary improvements, it was not addressed specifically in this development
agreement, but staff had proposed a new tentative map condition that on landscape and
maintenance and other kinds of improvements, instead of using a bond that they would request
a cash deposit. If the landscaping was not pursued, the City could take the cash immediately
and complete that. Village Development had agreed to that.
Regarding Commissioner Thomas's question about the prospect of litigation, Mr. Jamriska was
accurate in responding that one of the things this agreement does that is different from other
development agreements is, in order for the development agreement to go into affect, the lenders
on the property have to sign an agreement acknowledging that should they acquire the property
through quitclaim deed, foreclosure, or any other method, that the burdens and benefits of the
development agreement fall to all of Village Development's successors in interest and assures
their protection.
Commissioner Salas had expressed a concern that the development agreement, in Section 7.11,
might be seeking to move the burden for backbone infrastructure to merchant builders away
from the master builder. By careful reading of the section, it would become clear that the City's
intention was the opposite. The master builder was forever obligated to do the backbone
infrastructure. Should they not survive, the lienholders become obligated to do the backbone
infrastructure and any effort to transfer the responsibility to a merchant builder had to be
expressly approved by the City of Chula Vista.
Commissioner Ray had asked the question that should a successor come in and want to revise
the plan, what would be the effect on the development agreement. Mr. Kilkenny agreed with
Mr. Jamriska that anyone could apply to the City to try to amend the plan, but there were no
obligations to amend the development agreement. It was in concrete and did not automatically
get amended or in any way changed without the City's consent.
Michael Woodward, 555 South Flower, 23rd Floor, Los Angeles, representing West Coast
Land Fund, regarding the provision for the preserve conveyance plan, page 13 of the agreement,
commented that the staffreport refers to 1,252.4 acres as a conveyance obligation for SPA I and
it was unclear as to what it was for other areas. He suggested that that acreage be pinned down.
He was also concerned with the Commission's last action on the tentative map. The
Commission approved the tentative map over the Village 1 area and over the Phase lA area,
leaving out the West Coast parcel in the middle, and then an area between lA and West Coast.
Once the development agreement is approved and recorded, it's in concrete and locked in, they
have a vested right, and the City would not have to change it. Any future changes would have
to take into consideration that there was a development agreement that the Village had over its
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adjoining property. Mr. Woodward suggested that the Commission carve out some kind of
language that consent would not be unreasonably withheld if there were changes proposed in this
area that would be consistent with their last action. It did not commit the City to doing it; it just
removed the defense that they had a development agreement and did not have to agree with
anything, and the developer was out in the cold.
Chair Tarantino asked Mr. Jamriska to address Mr. Woodward's two issues. Mr. Jamriska said
there already existed by action of the City Council in July, a development agreement on this
property. So, Village Development et al had vested rights according to the plan adopted in SPA
I. Through staff's encouragement and their willingness, they want to amend this agreement.
The development agreement which had been approved, which runs with the land but did not
have the subordination statement included, also covered West Coast Land Fund property. There
already existed a vested right for it to implement the General Development Plan and the SPA
I plan on SPA I properties.
Regarding the preserve conveyance plan, Mr. Jamriska stated that the development agreement
was global and related to the entire Otay Ranch properties owned by Village Development. The
preserve conveyance plan had only been adopted for SPA I. As relates to future SPAs, that is
the yet to be adopted preserve conveyance plan for subsequent SPAs. He did not believe it
needed any additional modification.
Mr. Kilkenny called to the Planning Commission's attention a provision added to the most recent
development agreement, which was not in the prior development agreement, which was
substantially similar to what Mr. Woodward had requested. On page 9, paragraph 5.2.4, the
underlying language says "Developer agrees to reasonably cooperate with any amendments to
the existing or future discretionary approvals as may be requested by the City from time to
time." As explained by City staff, the developer had to act reasonable and in good faith when
the City sought to change the plan for a reasonable reason. He thought that at least part way
addressed Mr. Woodward's concerns.
MS (Thomas/Salas) to accept staffs pre-annexation agreement as presented with the
amendments of 10/9/96.
Commissioner Ray asked if the development of La Media would be covered under the
development agreement by West Coast from the July agreement? Mr. Jamriska replied that the
July agreement referred to the Public Facilities Financing Plan, with certain trigger points which
required the construction of La Media. Whoever reached that trigger point first was required
to then put in the La Media improvements. It could be Village Development.
Commissioner Ray said that Village Development had the access road off Telegraph/Otay Lakes
Road which reaches one of the thresholds for the requirement for La Media, then it would be
encumbered upon Village Development to develop La Media? Mr. Jamriska stated that access
to Orange then took control. It would not be La Media; it would be another access to Orange
Street. They would have to provide Orange Street.
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Commissioner Ray asked if anyone could respond to Mr. Woodward's concerns. Mr.
Woodward said that Section 5.2.4 could be stronger, but it somewhat addressed their concern.
The agreement was not effective until the annexation occurs. It was in the agreement and per
the Government Code.
VOTE: 5-0 (Commissioners Tuchscher and Willett absent) to approve.
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Attachment I
Village Development
RESOLUTION No. 18398-1
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA ADOPTING THE SECOND ADDENDUM TO
AND RECERTIFYING FINAL ENVIRONMENTAL IMPACT
REPORT FEIR 95-01 (SCH #95021012) AND FIRST
ADDENDUM, READOPTING THE STATEMENT OF
OVERRIDING CONSIDERATIONS AND THE MITIGATION
MONITORING AND REPORTING PROGRAM FOR THE FEIR
AND APPROVING A REVISED TENTATIVE SUBDIVISION
MAP FOR PORTIONS OF THE OTAY RANCH SPA ONE,
CHULA VISTA TRACT 96-04, AND MAKING THE
NECESSARY FINDINGS.
WHEREAS, the property which is the subject matter of this resolution is identified and
described on Chula Vista Tract 96-04 and is commonly known as Otay Ranch Sectional Planning Area
(SPA) One ("Property"), and;
WHEREAS, Village Development filed a duly verified application for the subdivision of the
Property in the form of the tentative subdivision map known as Otay Ranch SPA One, Chula Vista
Tract 96-04, with the Planning Department of the City ofChula Vista on December 6,1995, and;
WHEREAS, Village Development filed a revised tentative map for Tract 96-04 ("Project") on
August 9, 1996, and;
WHEREAS, the revised application requested the approval for the subdivision of 819.6 acres
located south of Telegraph Canyon Road between Paseo Ranchero and the future alignment ofSR-125
into 3,873 residential lots, 172.1 acres of open space, one 10 acre school site and one 10 acre school
site proposed in a yet to be detennined location for the area west of Paseo Ranchero, 28 acres of
neighborhood parks and 18.2 acres of community purpose facility lots, and;
WHEREAS, City staff has recommended that only the Village one portion of the proposed
tentative map owned by Village Development be recommended for approval, or in the alternative, the
portions of Village One owned by Village Development and Phase I-A of Village Five be approved as
more specifically set forth in the staff report, and;
WHEREAS, the development of the Property has been the subject matter of a General
Development Plan ("GDP") previously approved by the City Council on October 28, 1993 by
Resolution No. 17298 and as amended on May 14, 1996 by Resolution No. 18285 ("GDP
Resolution") wherein the City Council, in the environmental evaluation of said GDP, relied in part on
CCll12}>..1. Joe
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the Otay Ranch General Development Plan, Environmental Impact Report No. 90-01, SCH #
89010154 ("Program EIR 90-01"), and;
WHEREAS, the development of the Property has been the subject matter of a Sectional
Planning Area Plan ("SPA Plan") previously approved by the City Council on June 4, 1996 by
Resolution No. 18286 ("SPA Plan Resolution") wherein the City Council, in the environmental
evaluation of said SPA Plan, relied in part on the Otay Ranch SPA Plan Final Environmental Impact
Report No. 95-01, SCH # 95021012 ("FEIR 95-01"), and;
WHEREAS, this Project is a subsequent activity in the program of development
environmentally evaluated under Program EIR 90-01, FEIR 95-01, and addendum thereto, that is
virtually identical in all relevant respects, including lot size, lot numbers, lot configurations,
transportation conidors, etc., to the project descriptions in said former environmental evaluations, and;
WHEREAS, the City Environmental Review Coordinator has reviewed the proposed tentative
map alternatives and determined that they are in substantial conformance with the SPA Plan and the
related environmental documents and that the proposed alternative tentative maps would not result in
any new environmental effects that were not previously identified, nor would the proposed alternative
tentative maps result in a substantial increase in severity in any environmental effects previously
identified; therefore only an a Addendum to FEIR 95-01 is required in accordance with CEQA, and;
WHEREAS, the Planning Commission held an advertised public hearing on the original
tentative map application on July 10, 1996, and another advertised public hearing on the Project on
August 14, 1996 at which time the Planning Commission voted to: (I) recertiJY FEIR 95-01; (2)
readopt the Statement of Oveniding Considerations and the Mitigation Monitoring and Reporting
Program; and (3) recommend that the City Council approve the Project in accordance with staff's
recommendation and the findings and conditions listed below; and
WHEREAS, the City Council set the time and place for a hearing on said tentative subdivision
map application and notice of said hearing, together with its purpose, was given by its publication in a
newspaper of general circulation in the City at least ten days prior to the hearing, and;
WHEREAS, a hearing was held at the time and place as advertised on August 6, 1996 and
continued to August 20, 1996, continued again to September 10, 1996, continued again to September
17, 1996, continued again to October 22, 1996 and continued again to November 12, 1996 in the
Council Chambers, 276 Fourth Avenue, before the City Council and said hearing was thereafter closed.
NOW, THEREFORE, THE CITY COUNCIL finds, det~rmines and resolves as follows:
SECTION 1. CEQA Finding re Previously Examined Effects.
The City Council hereby finds that the Project, as described and analyzed in the Program EIR 90-01,
FEIR 95-01, and addendum thereto, would have no new effects that were not examined in the
preceding Program EIR 90-01 and FEIR 95-01 (Guideline 15168 (c)(2)), and;
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SECTION 2. CEQA Finding re Project within Scope of Prior Program ElR.
The City Council hereby finds that: (I.) there were no changes in the project from the Program EIR
and the FEIR which would require revisions of said reports; (2.) no substantial changes have occurred
with respect to the circumstances under which the project is undertaken since the previous reports; (3.)
and no new information of substantial importance to the project has become available since the
issuance and 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 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 FEIR, and, therefore, a second addendum
has been prepared (Guideline 15168 (c)(2) and 15162 (a)), and;
SECTION 3. Incorporation of All Feasible Mitigation Measures and Alternatives.
The City does hereby adopt and incorporate herein as conditions for this approval all applicable
mitigation measures and alternatives, as set forth in the findings adopted for the GDP approval (90-01)
and the SPA approval (95-01).
SECTION 4. Notice with Later Activities.
The City Council does hereby give notice, to the extent required by law, that this Project was fully
described and analyzed and is within the scope of the GDP EIR (90-01) and the SPA Plan EIR (95-
01), and the Final EIR adequately describes and analyzes this project for the purposes of CEQA
(Guideline 15168 (e)). Notice was given on the EIR on June 4, 1996.
SECTION 5. Tentative 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 Otay Ranch SPA One, Chula
Vista Tract 96-04, is in conformance with all the various elements of the City's General Plan,
the Otay Ranch General Development Plan and Sectional Planning Area Plan based on the
following:
I. Land Use - The Project is a planned community which provides a variety ofland uses and
residential densities ranging between 3.5 and 36.8 dwelling units per acre. The project is
also consistent with General Plan policies related to grading and landforms.
2. Circulation - All of the on-site and off-site public; and private 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 Transportation
Development Impact Fee program
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3. Housing - The Applicant is required to enter into an agreement with the City to provide
and implement a low aild moderate income program within the Project prior to the
approval of any Final Map for the Project.
4. Parks and Recreation Open Space. - The Project will provide a 25 acre (gross)
community park, 28 acres (gross) of neighborhood parks and the payment of PAD fees
or additional improvements as approved by the Director of Parks and Recreation. In
addition, a recreational trail system will be provided throughout the Project, ultimately
connecting with other open space areas and trail systems in the region.
Open Space - The Project provides 172.1 acres of open space, 21 % of the total 819.6
acres. A program to preserve 83% of slopes greater than 25% has been established
ranch-wide and is detailed in the recirculated FEIR 95-0 I.
5. Conservation - The Program EIR and FEIR addressed the goals and policies of the
Conservation Element of the General Plan and found development of this site to be
consistent with these goals and policies.
6. Seismic Safety - The proposed subdivision is in conformance wit the goals and policies
of the Seismic Element of the General Plan for this site. No seismic faults have been
identified in the vicinity of the Project.
7. Public Safety - All public and private facilities are expected to be reachable within the
threshold response times for fire and police services.
8. Public Facilities - The Applicant will provide all on-site and off-site streets, sewers and
water facilities necessary to serve this Project. The developer will also contribute to
the Otay Water District's improvement requirements to provide terminal water storage
for this Project as well as other major project in the eastern territories.
9. Noise - The Project will include noise attenuation walls as required by an acoustic
study dated June 6, 1995 prepared for the Project. In addition, all units are required to
meet the standards of the UBC with regard to acceptable interior noise levels.
10. Scenic Highway - The roadway design provides wide landscaped buffers along the two
scenic highways, Telegraph Canyon Road and East Orange Avenue (Olympic
Parkway).
II. Bicycle Routes - Bicycle paths are provided throughout the Project.
12. Public Buildings - The Project provides three elementary school sites and one high
school site to serve the area. One elementary school site and the high school site will
be off-site of the project. The project will also be subject to Public Facilities
Development Impact Fees.
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B. 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 ofthe City and the available fiscal
and environmental resources. The development will provide for a variety of housing types
from single family detached homes to attached single-family and multiple-family housing and
will provide low and moderate priced housing consistent with regional goals.
C. Opportunities for Natural Heating and Cooling Incorporated.
The configuration, orientation and topography of the site partially allows for the optimum
siting of lots for passive or natural heating and cooling opportunities as required by
Government Code Section 66473.1.
D. Finding regarding 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.
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.
SECTION 6. Conditional Approval of Tentative Subdivision Map.
The City Council does hereby approve, subject to the following conditions, as Exhibit A attached
hereto and incorporated herein by this reference, the Project.
Approval of the tentative map shall not take effect until the second reading and approval by the City
Council of the Village Development Development Agreement.
SECTION 7. CEQA Findings of Fact, Mitigation Monitoring Program and Statement of Overriding
Considerations.
A. Adoption of Second Addendum.
The City Council does hereby adopt the Second Addendl.\m to the Final EIR 95-01.
B. Re-adoption of Findings of Fact.
The Council does hereby re-approve, accept as its own and re-incorporate, as if set forth fully,
and make each and every one ofthe Findings contained in the Findings of Fact. attached hereto
as Attachment A known as Document No. C096-056 which is on file in the Office of the City
Clerk.
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C. Certain Mitigation Measures Feasible and Re-adopted.
As more fully identified and set forth in the Program EIR and the FEIR and Addendum and in
the CEQA Findings for this Project, which is hereby attached hereto as Attachment A, the
Council hereby finds that, pursuant to Public Resources Code Section 21081 and CEQA
Guidelines Section 15091, the mitigation measures described in the above referenced
documents and adopted by the Council are feasible and will become binding upon the
Applicant and its successors in interest, and the City is required to implement these mitigation
measures.
D. Infeasibility of Alternatives.
As is also described and comparatively analyzed in the EIRs (90-0 I, 95-0 I) and the findings
adopted in each instance, alternatives to the Project, which were identified as potentially
feasible, are hereby found not to be feasible.
E. Readoption of Mitigation Monitoring and Reporting 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 Attachment B to this
resolution known as Document No. C096-057, which is on file in the Office of the City Clerk
and incorporated herein by reference as set forth in full. The City Council finds that the
Program is designed to ensure that, during the Project implementation and operation, the
Applicant and other responsible parties implement the Project components and comply with the
feasible mitigation measures identified in the Findings and in the Program.
F. Statement of Overriding Considerations.
Even after the re-adoption of all feasible mitigation measures, and any feasible alternatives,
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 readopts,
pursuant to CEQA Guidelines Section 15093, as set forth and attached hereto as Attachment C
known as Document No. C096-058 a copy of which is on file in the Office o(the City Clerk, a
Statement of Overriding Considerations identifYing the specific economic, social and other
considerations that render the unavoidable significant adverse environmental effects still
significant but acceptable.
SECTION 8. Notice of Determination.
City Council directs the Environmental Review Coordinator to post a Notice of Determination for the
project and file the same with the County Clerk.
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SECTION 9. Consequence of Failure of Conditions.
If any of the foregoing conditions fail to occur, or if they are, by their terms, to be implemented and
maintained over time, if any of such conditions fail to be so implemented and maintained according to
their terms, the City shall have the right to revoke or modifY all approvals herein granted, deny, revoke
or further condition issuance of all future building permits issued under the authority of approvals
herein granted, institute and prosecute litigation to compel their compliance with said conditions or
seek damages for their violation.
SECTION 10. Invalidity; Automatic Revocation.
It is the intention of the City Council that its adoption of this Resolution is dependent upon the
enforceability of each and every term, provision and condition herein stated; and that in the event that
anyone or more terms, provisions, or conditions are determined by a Court of competent jurisdiction
to be invalid, illegal or unenforceable, this resolution shall be deemed to be automatically revoked and
of no further force and effect ab initio.
Presented by:
Approved as to form by:
Gerald 1. J arnriska
Special Planning Projects Manager
Ann Moore
Acting City Attorney
Attachments:
Exhibit A: Conditions of Approval
Attachment A: Findings of Fact
Attachment B: Mitigation Monitoring and Reporting Program
Attachment C: Statement of Overriding Considerations
Attachment D: Second Addendum to FElR
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PASSED, APPROVED and ADOPTED by the City Council of the City ofChula Vista, California, this
12th day November, 1996, by the following vote:
YES:
NOES:
ABSENT:
Shirley Horton, Mayor
ATTEST:
Beverly A. Authelet, City Clerk
STATE OF CALIFORNIA)
COUNTY OF SAN DIEGO) ss.
CITY OF CHULA VISTA)
I, Beverly A Authelet, City Clerk of the City of Chula Vista, California, do hereby certify that the
foregoing Resolution No. _ was duIy passed, approved, and adopted by the City Council at a City
Council meeting held on the 12th day of November, 1996.
Executed this 12th day of November, 1996.
Beverly A. Authelet, City Clerk
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ATTACHMENT 1
TENTATIVE MAP - OTAY RANCH VILLAGES 1 & 5 EXCLUDING 288 ACRES
LOCATED IN A PORTION OF VILLAGE ONE AND FIVE
CONDITIONS OF APPROVAL
Unless otherwise specified or required by law: (a). the conditions and Code requirements set
forth below shall be completed prior to the related final map as determined by the Director of
Planning, Parks and Recreation and the City Engineer; (b). unless otherwise specified, 'tledicate"
means grant the appropriate easement, rather than fee title. Where an easement is required the
applicant shall be required to provide subordination of any prior lien holders in order to ensure
that the City has a first priority interest in such land unless otherwise excused by the City. Where
fee title is granted or dedicated to the City, said fee title shall be free and clear of all
encumbrances, unless otherwise excused by the City.
Should conflicting wording or standards occur between these conditions of approval, any conflict
shall be resolved by the City Manager or designee.
GENERAL/PRELIMINARY
1. Comply with all requirements and guidelines of the Parks, Recreation Open Space and Trails
Plan, Public Facilities Financing Plan, Ranch Wide Affordable Housing Plan, Spa One Affordable
Housing Plan, and the Non-Renewable Energy Conservation Plan, unless specifically modified by the
appropriate department head, with the approval of the City Manager. These plans may be subject to
minor modifications by the appropriate department head, with the approval of the City Manager,
however, any material modifications shall be subject to approval by the City Couricil.
2. All of the terms, covenants and conditions contained herein shall be binding upon and
inure to the benefit of the heirs, successors, assigns and representatives of the Developer as to any
or all of the Property. For purposes of this document the term 'Developer" shall also mean
"Applicant".
3. If any of the terms, covenants or conditions contained herein shall fail to occur or if they
are, by their terms, to be implemented and maintained over time, if any of such conditions fail to
be so implemented and maintained according to their terms, the City shall have the right to revoke
or modifY all approvals herein granted including issuance of building permits, deny, or further
condition the subsequent approvals that are derived from the approvals herein granted, institute
and prosecute litigation to compel their compliance with said conditions or seek damages for their
violation. The applicant shall be notified 10 days in advance prior to any of the above actions
being taken by the City and shall be given the opportunity to remedy any deficiencies identified by
the City.
4. Applicant shall indemnifY, protect, defend and hold the City harmless from and against any
and all claims, liabilities and costs, including attorney's fees, arising from challenges to the
Environmental Impact Report for the Project and/or any or all entitlements and approvals issued
by the City in connection with the Project.
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5. The applicant shall comply with all applicable SPA conditions of approval.
6. Any and all agreements that the applicant is required to enter in hereunder, shall be in a
form approved by the City Attorney.
7. The terms, conditions and time limits associated with this tentative map shall be consistent
with the Development Agreement approved by Ordinance # 2679 by the City Council on July 16,
1996 ("Development Agreement") and as amended on October 22,1996.
8. The applicant shall comply with the terms of the Conveyance Agreement, adopted by
Resolution # 18416 by the City Council on October 22, 1996 ("Conveyance Agreement").
ENVIRONMENTAL
9. Prior to approval of each final 'B" Map, the applicant shall implement all applicable
mitigation measures identified in EIR 95-0 I, the CEQA Findings of Fact for this Project (Exhibit
*) and the Mitigation Monitoring and Reporting Program (Exhibit *).
10. Prior to the approval of each final 'B" Map, the applicant shall comply with all applicable
requirements of the Phase 2 Resource Management Plan (RMP) as approved by the City Council
on June 4, 1996 and as may be amended from time to time by the City.
II. Prior to the approval of each final 'B" Map, the applicant shall comply with the Otay
Ranch Resource Preserve in lieu fee program to be adopted by the City Council.
12. The Applicant shall comply with any applicable requirements of the California Department
of Fish and Game, the U.S. Department of Fish and Wildlife and the U.S. Army Corps of
Engineers.
DESIGN
13. The secondary access in the southern portion of Neighborhood R-30 shall be surfaced
with 'grass-crete", 'turf-block" or some other comparable material unless otherwise approved by
the Planning Director and Fire Chief Bollards shall be provided instead of the locking gate noted
on the map. The bollards shall be located closer to the terminus of the cul-de-sac (Parker
Mountain Road), rather than adjacent to Santa Rosa Drive.
14. Any proposed monumentation/signage shall be consistent with the Village Design Plan and
shall be reviewed and approved by the Planning Director prior to approval of the appropriate final
map.
IS. In addition to the requirements outlined in the City of Chula Vista Landscape Manual,
privately maintained slopes in excess of 25 feet in height shall be landscaped and irrigated to
soften their appearance as follows: one 5-gallon or larger size tree per each ISO square feet of
slope area, one I-gallon or larger size shrub per each 100 square feet of slope area, and
appropriate ground cover. Trees and shrubs shall be planted in staggered clusters to soften and
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vary the slope plane. Landscape and irrigation plans for private slopes shall be reviewed and
approved by the Planning Director prior to approval of the appropriate final map.
] 6. A comprehensive wall plan indicating color, materials, height and location shall be
reviewed and approved by the Planning Director prior to approval of any final '13" Map.
Materials and color used shall be compatible and all walls located in corner side-yards or rear
yards facing public_or private streets or pedestrian connections shall be constructed of a
decorative masonry and/or wrought iron material.
A revised acoustical analysis indicating if view fencing, such as a combination of masonry and
wrought iron, is aI]owable at the ends of cul-de-sacs backing up to Telegraph Canyon Road, East
Orange Avenue and Paseo Ranchero, shall be prepared prior to submittal of the wall plan
indicated above. If such fencing is allowable per the final acoustical analysis it shall be provided
at the ends of the following streets: Parker Mountain Road, Geyserville Street, Jamestown Drive,
Moss Landing Avenue, Porterville Ct., Firebaugh Ct., Street C4, ., San Dimas Ct., Hanford Ct.,
Rocklin Ct., Colton Ct., Rincon Point, Santa Inez Ave., Traver Ct., Vernon Ct., Lindsay St.,.,
Applegate St. and Dunsmuir Ct.,. View fencing shall be provided at the ends of all other open
cul-de-sacs where a sound wall is not required.
Any combination free standing/retaining walls shall not exceed 8.5 feet in height. The applicant
shall submit a detail and/or cross section of the maximum/minimum conditions for all
"combination walls" which include retaining and free standing walls. Said detail shall be reviewed
and approved by the Director of Planning prior to the approval of the first final map. The
maximum height of all retaining walls shall be 2.5 feet in height when combined with freestanding
walls which are six feet in height. A 2-3 foot separation shall be provided between free standing
and retaining walls where the combined height would otherwise exceed 8.5 feet.
] 7. Lots backing or siding onto pedestrian paseos or parks shall be provided with view
fencing, such as three feet of wrought iron on top of a three foot masonry wall, subject to
approval by the Fire Marshal and the Planning Director.
]8. Should the applicant propose an amendment to the Otay Ranch General Development Plan
to reduce density within the Village Cores at some time in the future, the provision of additional
alley product shall be analyzed and considered concurrently with said amendment.
]9. The Design Review Committee shall review and approve the elevations of all homes
backing and siding onto Telegraph Canyon Road in Neighborhood R-5.
20. A minimum of thirty percent of all 55 x 105 feet lots in each final map shall be provided
with Hollywood driveways. The applicant agrees to process an amendment to the Planned
Community District Regulations for SPA One to reflect said requirement.
STREETS, RIGHT-OF-WAY AND PUBLIC IMPROVEMENTS
21. Dedicate for public use all the public streets shown on the tentative map within the subdivision
boundary. Prior to the approval of the applicable '!3"Map, the applicant shall enter into an agreement
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to guarantee the construction of all street improvements as required by the PFFP for each particular
phase.
22. Secure in accordance with Section ]8.16.220 of the Municipal Code, as necessary, the
construction and/or construct full street improvements for all on-site and off-site streets deemed
necessary to provide service to the subject subdivision. Said improvements shall include, but not be
limited to, asphalt concrete pavement, base, concrete curb, gutter and sidewalk, sewer, reclaimed water
and water utilities, drainage facilities, street lights, signs, landscaping, irrigation, fencing and fire
hydrants.
Street cross sections shall conform to the cross sections shown on the Tentative Map. All other design
criteria shall comply with the current Chula Vista Design Standards, Chula Vista Street Design
Standards, and the Chula Vista Subdivision Manual unless otherwise conditioned or approved herein.
Exhibit A indicates the relationship between the Otay Ranch SPA One roadway designations and the
approved City designations in the Circulation E]ement of the General Plan for purposes of determining
the appropriate design standards for all streets within SPA One.
Should the City Engineer deem that the construction of sidewalks along the off site portions of East
Orange Avenue and East Palomar Street west of Pas eo Ranchero is not necessary to provide service to
the subject subdivision, their construction may be delayed.
The developer shall dedicate on the appropriate final 'B" Map, the right-of-way to extend Carmel
Avenue, Santa Lucia Road, Santa Flora Drive, Gold Run Road, Applegate Street, Livingston
Avenue and Grayson Court to the easterly subdivision boundary of Village One. The City
Engineer and the Planning Director may waive this requirement if it is demonstrated that a street
does not need to be extended to provide access to the adjacent property.
Unless otherwise approved by the City Engineer, the developer shal] provide a cul-de-sac at the
end of all proposed street stubs along the subdivision boundary.;The City Engineer may approve
the installation of a temporary turnaround at the end of those streets that might be extended in the
future to provide access to the adjacent property.
23. In accordance with the pre-annexation Development Agreement the developer shal] grant to
the City fee title to the right-of-way for SR ]25. Said right-of-way shall be contained in a lot granted
to the City for open space, transportation and other public purposes. The right-of-way shall be granted
at such time as requested by the City.
24. As part of the improvement plans associated with the final 'B" Map which triggers the
installation of the related street improvements, install a fully activated traffic signal including
interconnect wiring at the following intersections:
a. East Palomar Street and Paseo Ranchero
b. East Palomar Street and La Media Road
c. East Palomar Street and East Orange Avenue
d. East Orange Avenue and Paseo Ranchero
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e. East Orange Avenue and La Media Road
Install underground improvements, standards and luminaries with construction of street improvements,
and install mast arms, signal heads and associated equipment as detennined by the City Engineer.
25. Submit to and obtain approval by the City Engineer of striping plans for all collector or higher
classification streets simultaneously with the associated improvement plans.
26. Design all vertical and horizontal curves and intersection sight distances to conform to the
CalTrans Highway Design Manual. Sight visibility easements shall be granted as necessary to comply
with the requirements in the CalTrans Highway Design Manual.
27. Plant trees within all street parkways which have been selected from the revised list of
appropriate tree species described in the Village Design Plan which shall be approved by the Directors
of Planning, Parks and Recreation and Public Works. The applicant shall provide root control methods
per the requirements of the Parks and Recreation Director and a deep watering irrigation system for the
trees. An irrigation system shall be provided from each individual lot to the adjacent parkway. The
improvement plans, including final selection of street trees, for the street parkways shall be approved by
the Directors of Planning, Parks and Recreation and the City Engineer.
28. Enter into an agreement with the City, prior to approval of the first final "A" Map, where the
developer agrees to the following:
a. Fund and install Chula Vista transit stop facilities when directed by the Director of
Public Works. The improvement plans for said stops shall be prepared in accordance
with the transit stop details described in the Village Design Plans and approved by the
Directors of Planning and Public Works.
b. Not protest the formation of any future regional benefit assessment district to finance
the Light Rail Transit.
c. Fund its fair share of the cost of construction of the two pedestrian bridges connecting
Villages One to Village Two and Village Five to Village Six as determined by the City
Engineer based on the proportionate benefit received from the improvements. The
developer shall also identifY the financing mechanism to be used to fund said cost.
29. Grant in fee to the City the right-of-way for the Light Rail Transit as indicated on the approved
Tentative Map. Said right-of-way shall be contained in lots granted to the City for open space,
transportation, and other public purposes. Said lots shall not extend across street intersections unless
approved by the City Engineer. Include said lots in an open space district.
30. Guarantee the construction and enter into an agreement to construct the pedestrian bridge
connecting Village One to Village Five in accordance with improvement plans approved by the City
prior to approval of the final map that requires construction of La Media Road between East Palomar
Street and East Orange Avenue. The developer shall be responsible for the construction of said bridge
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and may seek, with the concurrence of the City, repayment from other benefiting property owners
through a reimbursement district.
31. In the event the Federal Govemment adopts ADA standards for street rights-of-way which are
in conflict with the standards and approvals contained herein, all such approvals conflicting with those
standards shall be updated to reflect those standards. Unless otherwise required by federal law, City
ADA standards may be considered vested, as determined by Federal regulations, only after
construction has commenced.
32. Prior to approval of any final map that requires the construction of Santa Madera Avenue
between Telegraph Canyon Road and Morgan Hill Drive ("Temporary Roadway"), in order to access
the final map property, the developer shall accomplish the following:
a. Obtain all pennits and agreements with the environmental regulatory agencies required
to construct the "Temporary Roadway".
b. Obtain a construction permit from the City approving the necessary modifications to
the existing improvements in Telegraph Canyon Road including the provision of a fully
activated traffic signal as directed by the City Engineer.
c. Enter into an agreement where the developer agrees to:
1. Perform the following:
a. Restore the median improvements and remove the traffic signal as
directed by the City Engineer to provide only right-in/right-out access
at said intersection. This work shall be performed at such time as La
Media Road between Telegraph Canyon Road and East Palomar Street
is opened for public use.
b. Remove to the satisfaction of the City Engineer the remammg
"Temporary Roadway" improvements required to close said
intersection , at such time as a permanent road connecting Filmore
Street in Village One to East Orange Avenue is opened for public use.
2. Restore the Telegraph Canyon Road improvements and regrade the area to be
consistent with the streetscape of Telegraph Canyon Road and the drainage
channel as directed by the City Engineer and Director of Parks and Recreation.
3. Install signs as directed by the City Engineer, indicating that the "Temporary
Roadway" will be closed once the permanent road connecting Filmore Street in
Village One to East Orange Avenue is opened for public use.
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4. Provide a Notice in any residential disclosure document that the "Temporary
Roadway" will be closed once the permanent road connecting Filmore Street in
Village One to East Orange Avenue is opened for public use.
5. Provide security acceptable to the City in the amount determined by the City
Engineer to guarantee the following:
a. Restoration of the median improvements and removal of the traffic
signal required to provide only right-in/right-out access at said
intersection. Said bonds shall be provided prior to approval of the final
map requiring the construction of La Media Road between Telegraph
Canyon Road and East Palomar Street.
b. Removal of the remaining temporary improvements required to close
said intersection and restoration of the area as directed by the City
Engineer and Director of Parks and Recreation. Said bonds shall be
posted prior to approval of the final map for Village One Core or any
unit thereof
6. Provide for all costs associated with the vacation of the 'Temporary Roadway"
33. As part of the improvement plans associated with the first final 'B"Map which triggers the
construction of Paseo Ranchero, La Media or Santa Paula Drive, provide the necessary modifications
to the applicable existing traffic signals including interconnect wiring at the following intersections:
a. Telegraph Canyon Road at St. Claire Drive
b. Telegraph Canyon Road at Otay Lakes Road
c. Telegraph Canyon Road at Paseo Ranchero
Install underground improvements, standards and luminaries with construction of street
improvements, and install mast arms, signal heads and associated equipment as determined by
the City Engineer.
34. Include the right of way for the proposed "Temporary Roadway" (Santa Madera Avenue
between Telegraph Canyon Road and Morgan Hill Drive) in a separate lot. In the appropriate final
'B" Map, as determined by the City Engineer, grant said lot in fee to the City for open space,
transportation, and other public uses.
3 5. Guarantee the construction and enter into an agreement to construct, prior to the approval of
any final 'B"Map for Neighborhoods R-15, 16, 17, 18, 19, CPF-I, 2, 3, C-I or 2 or any unit thereof,
the construction of a permanent public road connecting Filmore Street in Village One to East Orange
Avenue as depicted on the Tentative Map. This road shall have a right-of-way width of 40 feet and be
designed and constructed to City standards for residential streets except that it shall have a width (curb
to curb) of 26 feet and sidewalk only on one side
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36. Provide (1) twenty feet setback on driveways from property line to garage and (2) sectional
roll-up type garage doors at all properties fronting on streets where cul-de-sacs are 150 feet or less in
length except as provided for in the Planned Community District Regulations or approved by the City
Engineer and the Planning Director.
37. Not install privately owned water, reclaimed water, or other utilities crossing any public street.
This shall include the prohibition of the installation of sleeves for future construction of privately
owned facilities. The City Engineer may waive this requirement if the following is accomplished :
a. The developer enters into an agreement with the City where the developer agrees to
the following:
I. Apply for an encroachment permit for installation of the private facilities within
the public right-of-way.
2. Maintain membership in an advance notice such as the USA Dig Alert Service.
3. Mark out any private facilities owned by the developer whenever work is
performed in the area.
The terms of this agreement shall be binding upon the successors and assigns of the developer.
b. Shutoff devices as determined by the City Engineer are provided at those locations
where private facilities traverse public streets.
38. Grant on the final 'B" Map containing the proposed connection to EastLake Parkway
(between the two existing Otay Water District parcels) a 60-foot wide easement for street right-of-way
and other public purposes along said connection. Prior to approval of the same map the developer
shall guarantee the construction of the following improvements within said 60-foot wide easement:
a. Pedestrian, cart and bicycle improvements as determined by the City Engineer and
Planning Director. The improvement plans shall be prepared in such a way as to not
preclude the option of providing street improvements for vehicular access in the future.
b. Vehicular access improvements to the existing Otay Municipal Water District parcels
as determined by the City Engineer and the Otay Municipal Water District.
39. Grant on the final 'B"Map containing the paseo between Neighborhoods R-8 and R-9 a 60-
wide easement for street right-of-way and other public purposes. The paseo improvements shall be
constructed within said easement. Prior to approval of the same final map the developer shall
accomplish the following:
a. Guarantee the construction of the paseo improvements (if public) as directed by the
Director of Planning, Director of Parks and Recreation, and City Engineer
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b. Enter into an agreement with the City where the developer agrees to construct street
improvements for vehicular access within the 60- foot easement in accordance with
improvement plans approved by the City Engineer if vehicular access is needed in the
future.
40. Include in separate lots the right-of-way required to accommodate the future grade separation
at the intersections of (I) Telegraph Canyon and Otay Lakes Road, and (2) East Orange Avenue and
Paseo Ranchero. These lots shall be granted in fee to the City for Open Space, transportation, and
other public purposes on the appropriate final 'B"Map, as determined by the City Engineer.
41. Residential Street Condition A as denoted on the cover page of the tentative map is the
preferred section and shaH be implemented on aH residential streets, excluding the aHey product,
unless otherwise approved by the City Engineer and Planning Director.
42. The applicant shaH submit a conceptual design for the bridge connections between Village
One and Village Five which indicates materials, height, location, etc. Said design plan shaH be
reviewed and approved by the Planning Director prior to approval of the final 'B" Map that
requires construction of La Media Road between East Palomar Street and East Orange Avenue.
43. Requested General Waivers I, 2 and 3 and Specific Waiver 3, as indicated on the cover
sheet of the tentative map, are hereby approved. Specific Waivers I and 2 are approved subject
to the condition that one-way circulation be provided at the north-south streets adjacent to parks
P-4 and P-5, unless otherwise approved by the City Engineer.
44. The applicant shaH submit and obtain approval from the City Engineer and the Planning
Director of a final conceptual design of the proposed traffic circles prior to approval of the first
final 'B" Map. The developer shaH submit striping, signage and landscape plans for aH traffic
circles indicated on the tentative map. In the event the traffic circles are not approved, some type
of alternative enhanced landscaping and/or entry statement at those intersections acceptable to the
City Engineer and the Planning Director, shall be identified prior to approval of the first final 'B"
Map.
45. Right-of-way for the light rail transit line shall provide for spiral curves as required by
MTDB and approved by the City Engineer.
46. Unless otherwise approved by the City Engineer, the developer shaH provide sewer stubs
extending to the easterly subdivision boundary of Village One at the foHowing locations: (1) aH
the street stubs proposed along said boundary, and (2) at those locations where right-of-way
dedication is required to extend Carmel Avenue, Santa Lucia Road, Santa Flora Drive, Gold Run
Road, Applegate Street, Livingston Avenue and Grayson Court to said subdivision boundary.
47. Prior to approval of the first final 'B" Map the developer shaH submit and obtain the
approval of the City Engineer of a design study of the connection of the sewerline shown on the
tentative map as ending at the northerly end of Gold Run Road to an approved public sewer
system.
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GRADING AND DRAINAGE
48. Provide a setback, as determined by the City Engineer, between the property lines of the
proposed lots and the top or toe of any slope to be constructed where the proposed grading
adjoins undeveloped property or property owned by others. The City Engineer shall not approve
the creation of any lot that does not meet the required setback.
The developer shall submit notarized letters of permission to grade for all off-site grading.
49. Submit a list of proposed lots with the appropriate grading plan indicating whether the
structure will be located on fil~ cut or a transition between the two situations unless otherwise
approved by the City Engineer.
50. Comply with all the provisions of the National Pollutant Discharge Elimination System
(NPDES) and the Clean Water Program.
51. Provide runoff detention basins or any other facility approved by the City Engineer to reduce
the quantity of runoff from the development to an amount equal to or less than the present 1 DO-year
frequency runoff
52. Provide 'as built" improvement and storm drain plans in DXF file format to the satisfaction of
the City Engineer.
53. Grant on the appropriate final 'B" Map a 15 feet minimum drainage and access easement for
stormdrain lines located between residential units unless otherwise directed by the City Engineer. All
other easements shall meet City standards for required width.
54. Prior to approval of (1) the first final 'B" Map or grading permit for la nd draining into the
Poggi Canyon or (2) the first final 'B" Map or grading permit which requires construction of Santa
Madera between Telegraph Canyon Road and Morgan Hill Drive ("Temporary Roadway"), the
developer shall:
a. Guarantee the construction of the applicable drainage facility, as follows:
1. Runoff detention/desilting basin and naturalized channel in Poggi Canyon; or
2. Runoff detention Basin in Telegraph Canyon Channel
The City Engineer may approve that these facilities are constructed at a later time if the
developer provides private temporary runoff. detention basins or other facilities,
approved by the City Engineer, which would reduce the quantity of runoff from the
development to an amount equal to less than the present 100 year flow. Said
temporary facilities shall comply with all the provisions of the National Pollutant
Discharge Elimination System (NPDES) and the Clean Water Program. Prior to
issuance of any grading permit which approves any temporary facility, the developer
shall enter into an agreement with the City to guarantee the adequate operation and
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maintenance (0 & MO of said facility. The developer shall provide security satisfactory
to the City to guarantee the 0 & M activities, in the event said facilities are not
maintained to City standards as determined by the City Engineer.
The developer shall be responsible for obtaining all permits and agreements with the
environmental regulatory agencies required to perform this work.
b. Prepare a maintenance program including a schedule, estimate of cost, operations
manual and a financing mechanism for the maintenance of the applicable facilities. Said
program shall be subject to approval of the City Engineer, the Director of Parks and
Recreation, and the applicable environmental agencies.
c. Enter into an agreement with the City of Chula Vista and the applicable environmental
agencies (Fish and Game, Fish and Wildlife) wherein the parties agree to implement the
maintenance program.
d. Enter into an agreement with the City where the developer agrees to the following:
1. Provide for the maintenance of the proposed detention basin in Telegraph
Canyon and the proposed naturalized channel and detention basin in Poggi
Canyon until such time as maintenance of such facilities is assumed by the City
or an open space district.
2. Provide for the removal of siltation in the Telegraph and Poggi Canyon
Channels (including detention basins) until all upstream grading within the
development is completed and erosion protection planting is adequately
established as determined by the City Engineer and Director of Parks and
Recreation.
3. Provide for the removal of any siltation in the Telegraph and Poggi Canyon
Channels (including detention basins) attributable to the development for a
minimum period of five years after maintenance of the facility is assumed by the
City or an open space district.
55. Enter into an agreement with the City, prior to approval ofthe first final'S" Map or grading
permit for land draining into the existing Telegraph Canyon Channel, where the developer agrees to
perform the following activities within the portion of said existing channel extending from Paseo
Ladera to the eastern subdivision boundary:
a Provide for the removal of siltation until all upstream grading within the development is
completed and erosion protection planting is adequately established as determined by
the City Engineer and Director of Parks and Recreation
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b. Provide for the removal of any siltation attributable to the development for a minimum
period offive years after maintenance of the channel is assumed by the City or an open
space district.
56. Ensure that brow channels and ditches emanating from and/or running through City Open
Space are not routed through private property and vice versa.
57. Provide a graded access (12 feet minimum width) and access easements as required by the City
Engineer to all public storm drain structures including inlet and outlet structures. Improved access as
determined by the City Engineer shall be provided to public drainage structures located in the rear yard
of any residential lot.
58. Provide a protective fencing system around (1) the proposed detention basins at Telegraph
Canyon and Poggi Canyon, and (2) inlets and outlets of storm drain structures, as directed by the City
Engineer. The final design and types of construction materials shall be subject to approval of the
Director of Planning and the City Engineer.
59. Designate all drainage facilities draining private property to the point of connection with public
facilities as private.
60. Provide a 6 inch thick concrete access road to the bottom of the proposed detention basins.
This access shall have a minimum width of 12 feet, a maximum slope of 8%, and a heavy broom finish
on the ramp as directed by the City Engineer.
61. Obtain a Letter of Map Revision (LOMR) from the Federal Emergency Management Agency
revising the current National Flood Insurance Program maps of the Telegraph Canyon Channel to
reflect the effect of the proposed drainage improvements. The LOMR shall be completed prior to
acceptance by the City of the proposed detention facility.
62. Provide graded maintenance access roads along both sides of the proposed onsite and off site
portions of the Poggi Canyon Channel. The width of said roads shall be 12 feet unless otherwise
approved by the City Engineer. The final dimensions and location of the access roads shall be as
determined by the City Engineer.
63. Obtain, prior to approval of the first final 'B" Map, the approval of the Director of Public
Works to any amendment necessary to make the Master Drainage plan consistent with the approved
Tentative Map.
64. Prior to the installation of the regional trail, install a fence along those portions of (1) the
existing maintenance access roads along the Telegraph Canyon Channel, and (2) the proposed
maintenance access roads of the Poggi Canyon Channel, which are proposed to be incorporated into
the Regional Trail System. The fence shall be erected only at those locations where its installation will
not interfere with the normal channel maintenance. The specific locations where the fence will be
allowed and the fence details shall be as determined by the City Engineer and Director of Parks and
Recreation
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65. Prepare and obtain approval by the City Engineer, Director of Planning, and Director of Parks
and Recreation of an erosion and sedimentation control plan and landscape/irrigation plans as part of
the grading plans.
66. Landform grading, sintilar to what has been proposed along Telegraph Canyon Road and
consistent with City policy, shall be implemented adjacent to all off-site major roads.
67. 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.
68. Prior to the approval of the grading plans proposing the grading of the area that would
accommodate the future grade separated intersections at East Orange AvenuelPaseo Ranchero
and Telegraph Canyon Road/Otay Lakes Road, the developer shall subntit a design study,
acceptable to the City Engineer, of the grading required for said grade separated intersections.
69. The grading plans for the intersection at East Orange AvenuelPaseo Ranchero shall
include a partial grading of the area that would accommodate the eastbound on-ramp and off-
ramp and the westbound on-ramp of the future grade separated intersection. The elevations and
extent of the required grading shall be determined by the City Engineer to: (J) allow in the future
the construction of any additional grading necessary for the ultimate intersection configuration,
and (2) construct the Poggi Canyon Channel at its ultimate location.
70. Prior to approval of the grading and/or improvement plans proposing the construction of
the culvert under La Media Road at the crossing with the Telegraph Canyon Channel, the
developer shall subntit a study acceptable to the City Engineer demonstrating that the proposed
culvert will be capable of handling the design flow in the event said culvert needs to be extended
in the future in conjunction with the grading for a grade separated intersection at Telegraph
Canyon Road/Otay Lakes Road.
71. Unless otherwise approved by the City Engineer, the developer shall provide an
underground stormdrain connecting the cleanout in Park P-9 to the Telegraph Canyon Channel
Drainage easements shall be provided as required by the City Engineer.
SEWER
72. Provide an improved access road with a minimum width of 12 feet to all sanitary sewer
manholes The roadway shall be designed for an H-20 wheel load or other loading as approved by the
City Engineer.
73. Grant on the appropriate final 'B" Map a 20 feet ntinimum sewer and access easement for
sewerlines located between residential units unless otherwise directed by the City Engineer All other
easements shall meet City standards for required width.
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PARKS/OPEN SP ACE/WILDLIFE PRESERV A nON
General
74. The SPA one project shall satisfy the requirements of the Park Land Dedication Ordinance
(PLDO). The ordinance establishes a requirement that the project provide three (3) acres oflocal
parks and related improvements per I, 000 residents. Local parks are comprised of community
parks and neighborhood parks. Pedestrian parks are an integral component of the plan and shall
receive partial park credit as defined below. A minimum of two thirds (2 acres/l ,000 residents) of
local park requirement shall be satisfied through the provision of turn-key neighborhood and
pedestrian parks within SPA One. The remaining requirement (1 acre/I,OOO residents) shall be
satisfied through the payment of fees.
75. All local parks shall be consistent with the SPA One PFFP and shall be installed by the
Applicant. A construction schedule, requiring all parks to be completed in a timely manner, shall
be approved by the Director of Parks and Recreation.
76. All local parks shall be designed and constructed consistent with the provisions of the
Chula Vista Landscape Manual and related Parks and Recreation Department specifications and
policies.
77. The applicant shall enter into a Chula Vista standard three party agreement with the City
of Chula Vista and design consultant( s), for the design of all aspects of the neighborhood and
community parks in accordance with the Master Plan whereby the Parks and Recreation Director
selects the design consultant(s), to be funded by the applicant. The cost for the consultant(s) shall
be established and said amount deposited into an account prior to any work being initiated by the
consultant. The agreement shall include, but not be limited to, master plarming, design
development phase, construction document phase and construction supervision phase for the park
sites. The construction documents shall reflect the then current requirements of the City's
Code/Landscape Manual requirements.
78. The Applicant shall receive surplus park credit to the extent the combined park credit for
neighborhood parks, pedestrian parks, the town square park and the community park exceeds the
3 acres per 1,000 residents standard. This surplus park credit may be utilized by the Applicant to
satisfy local park requirements in future SPAs.
79. The Applicant and the City shall mutually agree on a PAD fee reimbursement schedule in
coordination with the adopted construction schedule. Milestones will be established for partial
reimbursement during the construction process. The City may withhold up to 20% of the park
construction funds until the park has been completed and accepted. Reimbursement of PAD fees
shall include the interest accrued by the City on said PAD fees minus the City's cost of processing
and administering this reimbursement program.
80. Grant in fee all designated public park lands at such time as is necessary to implement the
requirements of the PLDO and the PFFP.
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81. Pedestrian Parks (also known as mini-parks): Pedestrian parks less than five acres, as
identified in the SPA One Plan, shall be maintained by a funding entity other than the City's
General Fund. Pedestrian parks shall receive a minimum of 25% and a maximum of 50% park
credit, as determined by the Director of Parks and Recreation pursuant to the City wide small
park credit criteria which shall be approved by the City Council.
82. Neighborhood Parks:
a. In addition to those PAD fees required by Condition #83, the Applicant shall pay PAD
fees based on a formula of 2 acres per 1,000 residents for the first 500 dwelling units. In the
City's sole discretion, PAD fees may be required for units in excess of the first 500 dwelling units,
or in the alternative:
b. Prior to the approval of the first final map which creates residential lots ('B"Map), the
applicant shall enter into a supplemental agreement where the applicant agrees to construct the
first neighborhood park in SPA One, in a location determined by the Director of Parks and
Recreation, no later than issuance of the building permit for the 500th dwelling unit. The
agreement shall also provide the following:
I. The level of amenities required in the first phase of construction of the first
neighborhood park shall be determined by the Director of Parks and Recreation in conjunction
with the park master planning effort required by the City of Chula Vista Landscape Manual. Said
level of amenities shall be equivalent to five acres of neighborhood park improvements as
described in the PLDO ordinance and the Park Master Plan as approved by the Director of Parks
and Recreation. The applicant shall complete construction of the first phase of the first
neighborhood park within six (6) months of commencing construction of said park.
2. Prior to issuance of the building permit for the I I 50th dwelling unit, the
Director of Parks and Recreation shall determine the level of amenities required for the second
phase of construction of this park consistent with the PLDO and the Park Master Plan, or in lieu
of the second phase, require the construction of another neighborhood park at a different location.
3. At no time following completion of construction of the first phase of the first
neighborhood park shall there be a deficit in 'constructed neighborhood park" based upon 2
acres/J,OOO residents. Applicant agrees that the City may withhold the issuance of building
permits should said deficit occur. For purposes of this condition, the term 'constructed
neighborhood park shall mean that construction of the park has been completed and accepted by
the Director of Parks and Recreation as being in compliance with the Park Master Plan, but prior
to the mandatory 9-12 month maintenance period. This condition is not intended to supersede
any of the City's maintenance guarantee requirements.
4. The Applicant shall receive reimbursement of PAD fees, proportionate to what
has been constructed, should they deliver a turn-key park which has been constructed in
accordance with the Parks Master Plan.
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c. The applicant shall grant to the City, at the '~" Map stage, an irrevocable offer of
dedication for all neighborhood parks shown on the Tentative Map.
83. Community Parks:
a. Prior to the approval of each final 'B" Map the Applicant shall pay PAD fees for the
Community Park based upon a formula of 1 acre per I, 000 residents, until such time as a turn-
key facility has been accepted by the Director of Parks and Recreation. Said turn-key facility is
subject to the reimbursement mechanism set forth below.
b. The first Otay Ranch Community Park, to satisfY SPA One demand, shall be located in
Village 2 as identified in the GDP.
c. The Applicant shall identifY the relocation, if any, of the Village 2 Otay Ranch
Community Park prior to issuance of the building permit for the 1, 150th dwelling unit. Said
relocation may require an amendment to the Otay Ranch General Development Plan.
d. Notwithstanding that the community park requirement (1 acrell,OOO residents) shall be
satisfied through the payment of PAD fees, the Applicant shall commence construction of the first
phase of the Community Park prior to issuance of the building permit for the 2,650th dwelling
unit. The first phase of construction shall include, but not be limited to, improvements such as a
graded site with utilities provided to the property line and an all weather access road acceptable to
the Fire Department.
e. The Applicant shall commence construction of the second phase of the Community
Park prior to issuance of the building permit for the 3,00Oth dwelling unit. Second phase
improvements shall include recreational amenities as identified in the Park Master Plan.
f The Community Park shall be ready for acceptance by the Director of Parks and
Recreation for maintenance prior to issuance of the building permit for the 3,900th dwelling unit.
g. If the Director of Parks and Recreation determines that it is not feasible for the
Applicant to commence construction of the first phase improvements of the community park prior
to issuance of the building permit for the 2,650th unit, then the Director of Parks and Recreation
shall have the option to utilize the PAD fees for said improvements, or to construct another park
facility, east of the 1-805 Freeway within an acceptable service radius of SPA One, as set forth in
the GDP.
h. The Applicant shall provide a maintenance period .of 9-12 months in accordance with
the City of Chula Vista Parks and Recreation Department policy.
i. The Applicant shall receive reimbursement ofP AD fees, proportionate to what has been
constructed, excluding the cost of construction of the all weather access road, for the community
park should they deliver a turn-key facility to the City in accordance with the Community Park
Master Plan.
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84. Trails/Open Space:
a. All trails shall connect to adjoining existing and/or proposed trails in neighboring
development projects, as determined by the Director of Parks and Recreation.
b The two connector trails from Neighborhoods R-24 and R-25 in Village Five to
Telegraph Canyon Road shall be combined into one trail in Open Space Lot 37 and shall connect
to the regional trail in one location.
c. The maximum gradient for connector trails shall be 10%. Steeper grades of up to 12%
for short runs of 50 feet may be permitted subject to the approval by the Parks and Recreation
Director.
d. The graded section upon which the connecting trails are constructed shall be 10 feet in
width. Six feet shall be provided for the trail bed, with a 2 foot graded shoulder on either side.
e. Landscape and irrigation plans for the transit right-of-way shall be reviewed and
approved by the Parks and Recreation Director in conjunction with the landscape plans for East
Palomar Street.
85. Community Gardens:
a. Community Gardens shall be consistent with the guidelines in the SPA One Parks,
Recreation, Open Space and Trails Master Plan, including creation of the Community Garden
Committee and their responsibilities.
b. Water lines shall be stubbed from the nearest open space water meter to the site(s) in
order to facilitate development of the Community Gardens.
c. Community Garden sites shall be consistent with those identified on the tentative map.
d. Maintenance of Community Gardens shall be funded by an Open Space Maintenance
District, Homeowner's Association or other funding mechanism approved by the Director of
Parks and Recreation and the City Engineer.
e. Community Gardens shall not receive park credit.
OPEN SPACE/ASSESSMENTS
86. Prior to the approval of the first final 'B"Map, the de veloper shall:
a. Submit and obtain approval of the SPA One Open Space Master Plan from the
Director of Parks and Recreation. The Open Space Master Plan shall be based upon
the approved Concept and Analysis Plan, the requirements of which are outlined in the
City of Chula Vista Landscape Manual and include but are not limited to elements such
as final recreational trail alignments and fencing and phasing.
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b. Request the formation of an Open Space District pursuant to the 1972 Landscaping &
Lighting Act for the Otay Valley Parcel of the Otay Ranch. This district formation shall
be submitted to Council for consideration prior to approval of the first final B map.
Maintenance of the open space improvements shall be accomplished by the developer
for a minimum period of one year or until such time as accepted into the open space
district by the Director of Parks and Recreation. If Council does not approve the open
space district formation, some other financing mechanism shall be identified and
submitted to for consideration prior to approval of the first final map.
c. Submit evidence acceptable to the City Engineer and the Director of Parks and
Recreation of the formation of a Master Homeowner's Association (MHOA) which
includes all the properties within the approved tentative map prior to approval of the
first ')\" Map. The MHOA shall be responsible for the maintenance of the
improvements listed below. The City Engineer and the Director of Parks and
Recreation may require that some of those improvements be maintained by the Open
Space District. The final determination of which improvements are to be included in
the Open Space District and those to be maintained by the MHOA shall be made
during the Open Space District Proceedings. The MHOA shall be structured to allow
annexation of future tentative map areas in the event the City Engineer and Director of
Parks and Recreation require such annexation of future tentative map areas. The
MHOA formation documents shall be approved by the City Attorney.
d. Submit a list of allOT A Y RANCH SPA One facilities and other items to be maintained
by the proposed district. Separate lists shall be submitted for the improvements and
facilities to be maintained by the Open Space District and those to be maintained by a
Master Homeowner's Association. Include a description, quantity and cost per year for
the perpetual maintenance of said improvements. These lists shall include but are not
limited to the following facilities and improvements:
I. All facilities located on open space lots to include but not be limited to: walls,
fences, water fountains, lighting structures, paths, trails, access roads, drainage
structures and landscaping. Each open space lot shall also be broken down by
the number of acres of turf, irrigated, and non-irrigated open space to aid in the
estimation of a maintenance budget thereof
2. Medians and parkways along East Orange Avenue (onsite and off site), Paseo
Ranchero, La Media Road, East Palomar Street (onsite and off site) and all
other street parkways proposed for maintenance by the open space district or
Homeowners' Association.
3. The proposed detention basin in Telegraph Canyon and the fair share of the
maintenance of the existing naturalized Telegraph Canyon Channel east of
Paseo Ladera as determined by the City Engineer based on the proportional
benefit received from the improvements. This includes but is not limited to the
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cost of maintenance and all cost to comply with the Department of Fish and
Game and Corps of Engineers permit requirements.
4. The proposed detention basin and naturalized channel in Poggi Canyon. This
includes but is not limited to the cost of maintenance and all cost to comply
with the Department of Fish and Game and the Corps of Engineers permit
requirements.
5. Community Gardens
6. Pedestrian Bridges.
7. The proportional share of the maintenance of the median and parkways along
that portion of Telegraph Canyon Road adjoining the development as
determined by the City Engineer.
8. All proposed facilities and improvements (excepting street improvements)
within the 60-foot wide easement to be dedicated to the City for right -of-way
at the following locations: (1) between Neighborhoods R-8 and R-9, and (2) at
the proposed connection to EastLake Parkway (between the two Otay Water
District Parcels.
d. Submit an initial deposit of $15,000 to begin the process of formation of the open
space district. All costs off ormation and other costs associated with the processing of
the open space relating to this project shall be borne by the developer.
e. Provide all the necessary information and materials (e.g., exhibits, diagrams, etc.) as
determined by the City Engineer to prepare the engineer's report for the proposed open
space district.
87. Include in the CC&Rs, if applicable, the obligation of the Homeowners' Association to
maintain all the facilities and improvements within the open space lots rejected by the City prior to the
approval of the final map containing said lots.
88. Grade a level, clear area at least three feet wide (face of wall to top of slope), along the length
of any wall abutting an open space district lot, as measured from face-of-wall to beginning of slope,
said area as approved by the City Engineer and the Director of Parks and Recreation.
89. Ensure that all buyers oflots adjoining open space lots containing walls maintained by the open
space district sign a statement, when purchasing their homes, stipulating that they are aware that the
walls are on City property and that they shall not modify or supplement the wall or encroach onto City
property. These restrictions shall also be incorporated in the CC&Rs for each lot
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90. Agree to not protest fonnation or inclusion in a maintenance district or zone for the
maintenance of landscaped medians and scenic corridors along streets within and adjacent to the
subject subdivision.
91. Grant in fee to the City on the appropriate final map, all open space lots shown on the tentative
map and execute and record a deed for each of the lots to be maintained by the City through the open
space district. Provide on the final map a certificate, pursuant to section 66477 .2( a) of the Subdivision
Map Act, rejecting those open space lots to be maintained by the Homeowner's Association.
92. Provide documentation, prior to the approval of the first final 'B" Map, to the Director of
Planning and the City Engineer that an annexable Mello-Roos District, or other financing mechanism
approved by the Sweetwater High School District and the Chula Vista Elementary School District has
been established to provide for construction of schools.
93. Fund the revision of the Public Facilities Development Impact Fee (pFDIF) Program, which
shall be prepared by the City, as directed by the City Manager or his designee, and approved by the
City Council prior to approval of the first final 'B" Map. The developer shall receive 1 00% credits
towards future PFDIF fees for funding this update. Provide a deposit of $20,000 to begin this process.
All cost of revising the PFDIF shall be borne by the developer.
94. Prior to issuance of any grading permit which includes Landscaping and Irrigation (L & I)
improvements to be installed in an open space lot to be maintained by the open space district, the
developer shall place a cash deposit with the City which will guarantee the maintenance of the L & I
improvements, prior to City acceptance of said improvements, in the event the improvements are not
maintained to City standards as determined by the City Engineer and the Director of Parks and
Recreation. The amount of the deposit shall be equivalent to the estimated cost of maintaining the
open space lots to City standards for a period of six months as determined by the City Engineer. Any
unused portion of said deposit could be incorporated into the open space district's reserve at such time
as the maintenance of the open space lot is assumed by the open space district.
WATER
95. Provide to the City a letter from Otay Municipal Water District indicating that the
assessmentslbonded indebtedness for all parcels dedicated or granted in fee to the City have been paid
or that no assessments exist on the parcel(s).
96. Present verification to the City Engineer in the fonn of a letter from Otay Water District that
the subdivision will be provided adequate water service and long term water storage facilities.
EASEMENTS
97. Grant to the City a 10' wide easement for general utility purposes along public street frontage
of all open space lots offered for dedication to the City unless otherwise approved by the City
Engineer.
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98. Indicate on the appropriate '13" Map a reservation of easements to the future Homeowners'
Association for private storm drain and private sewer facilities within open space lots as directed by the
City Engineer.
99. Obtain, prior to approval of any final 'B" Map, all off-site right-of-way necessary for the
installation ofthe required improvements for that subdivision thereto. The developer shall also provide
easements for all on-site and off-site public drainage facilities, sewers, maintenance roads, and any
other public facilities necessary to provide service to the subject subdivision.
100. Notity the City at least 60 days prior to consideration of the final map by City if off-site right-
of-way cannot be obtained as required by the Conditions of approval. (Only off-site right-of-way or
easements affected by Section 66462.5 ofthe Subdivision Map Act are covered by this condition.)
After said notification, the developer shall:
a. Pay the full cost of acquiring off-site right-of-way or easements required by the
Conditions of Approval of the tentative map.
b. Deposit with the City the estimated cost of acquiring said right-of-way or easements.
Said estimate to be approved by the City Engineer.
c. Have all easements and/or right -of-way documents and plats prepared and appraisals
complete which are necessary to commence condemnation proceedings as determined
by the City Attorney.
d. Request that the City use its powers of Eminent Domain to acquire right-of-way,
easements or licenses needed for off-site improvements or work related to the final
map. The developers shall pay all costs, both direct and indirect incurred in said
acquisition.
The requirements of a, b, and c above shall be accomplished prior to the approval of the
appropriate Final Map.
101. Grant easements to subsequent owners pursuant to Section 18.20.150 of the City Code on any
final map that proposes private utilities or drainage facilities crossing property lines as directed by the
City Engineer.
102. Grant to City on the appropriate final '13" Map two foot. access easements along the rear and
side property line of lots adjoining walls to be maintained by the open space district. The locations of
these easements shall be as required by the Director of Parks and Recreation and the City Engineer to
provide adequate access for maintenance of said walls.
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AGREEMENTS/FINANCIAL
103. Enter into a supplemental agreement with the City, prior to approval of each final 'B" Map,
where the developer agrees to the following:
a. That the City may withhold building permits for the subject subdivision if anyone of
the following occur:
I. Regional development threshold limits set by the adopted East Chula Vista
Transportation Phasing Plan have been reached.
2. Traffic volumes, levels of service, public utilities and/or services exceed the
threshold standards in the then effective Growth Management Ordinance.
3. The applicant does not comply with the terms of the Reserve Fund Program.
b. That the City may withhold building permits for any of the phases of development
identified in the Public Facilities Financing Plan (pFFP) for Otay Ranch SPA One if the
required facilities, as identified in the PFFP or as amended by the Annual Monitoring Program,
have not been completed.
c. Defend, indemnifY and hold harmless the City and its agents, officers and employees,
from any claim, action or proceeding against the City, or its agents, officers or employees to
attack, set aside, void or annul any approval by the City, including approval by its Planning
Commission, City Councilor any approval by its agents, officers, or employees with regard to
this subdivision provided the City promptly notifies the subdivider of any claim, action or
proceeding and on the further condition that the City fully cooperates in the defense.
d. Hold the City harmless from any liability for erosion, siltation or increase flow of
drainage resulting from this project.
e. Ensure that all franchised cable television companies ("Cable Company") are permitted
equal opportunity to place conduit and provide cable television service to each lot on public
streets within the subdivision. Restrict access to the conduit to only those franchised cable
television companies who are, and remain in compliance with, all of the terms and conditions of
the franchise and which are in further compliance with all other rules, regulations, ordinances
and procedures regulating and affecting the operation of cable television companies as same
may have been, or may from time to time be issued by the City ofChula Vista.
f Include in the Articles of Incorporation or Charter for the Homeowners' Association
(HOA) provisions prohibiting the HOA from dedicating or conveying for public streets, land
used for private streets without approval of 100% of all the HOA members.
104. Enter into an supplemental agreement with the City prior to approval of the first final 'B"Map,
where the developer agrees to the following:
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a. Participate, on a fair share basis, in any deficiency plan or financial program adopted by
SANDAG to comply with the Congestion Management Program (CMP).
b. To not protest the formation of any future regional impact fee program or facilities
benefit district to finance the construction of correctional facilities.
105. At the time of approval of the first final ':A." Map, and to be recorded concurrently with
the first final ':A." Map, the applicant shall grant in fee three (3) acres of buildable land acceptable
to the City of Chula Vista within Village One of SPA One of the Otay Ranch in order to satisfY
the affordable housing implementation measure contained in the approved Otay Ranch GDP (ref
GDP; Section B.2, Pg. 242) and the terms of an existing agreement adopted by Resolution
#17737. In addition, said existing agreement, dated December 1, 1994, shall be amended to
permit the land dedication within Village One.
106. Prior to approval of the first ':A." Map, or as otherwise determined by the Director of
Planning, within SPA One and consistent with the City's Housing Element, Ranch-Wide and SPA
One Affordable Housing Plans, the applicant shall enter into and execute with the City an
Affordable Housing Agreement ('SPA One Affordable Housing Agreement') containing, but not
limited to, the following provisions: (a.) The obligation to provide the total number of low and
moderate income units required under the City's Affordable Housing Program, based on the
number of dwelling units contained within the Master Tentative Map for SPA One; (b.) IdentifY
the overall number of dwelling units within the Master Tentative Map for which the applicant can
receive final map approval prior to the applicant selecting and guaranteeing, to the City's
satisfaction, final affordable housing site( s ); (c.) The number of dwelling units within the master
tentative map area which can receive building permit authorizations prior to the applicant
obtaining building permits for a specified number of the required low income units; and (d.) A
description of what information must be provided in subsequent Project Level Affordable Housing
Agreements. Upon its approval by the City, the terms and conditions of the SPA One Affordable
Housing Agreement shall become conditions of this resolution, and is hereby incorporated herein
by this reference.
107. The Applicant shall pay, prior to approval of the first 'E" Map, their proportional share,
as determined by the Director of Parks and Recreation, of a collaborative study analyzing local
park needs for the area east of the 1-805 Freeway.
108. The applicant shall enter into an agreement with the City, prior to approval of each final
'E" Map, where the applicant agrees to ensure that all insurance companies are permitted equal
opportunity to go out to bid to provide a Cooperative Homeowner's Insurance Program (CHIP).
109. Prior to the approval of the first final 'E" Map, the developer shall submit and obtain
approval by the City Engineer of an "Improvement Phasing Schedule" which will identifY the
timing of construction of all backbone facilities noted in the following table. The Improvement
Phasing Schedule shall be consistent with the PFFP.
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COST ITEM TO BE INCLUDED IN FACILITY
FINANCING PLAN
* AcquisitionlDedication of off site right of way East Palomar Street between Paseo Ranchero
*Construction offull street improvements and La Media Rd. and between La Media Rd.
and East Orange Ave.
* AcquisitionlDedication of the offsite portions Paseos in Villages One and Five including the
of open space lots containing the paseos paseo between Neighborhoods R-8 and R-9
*Construction offull oaseo imorovements
*Payment of Telegraph Canyon Basin Drainage For areas covered by: backbone streets and all
DIF common areas which include, but are not
limited to: parks, schools, paseos and open
space lots
*Construction of pedestrian bridges Pedestrian bridge connecting Village One to
Village Five, Village One to Village Two and
Village Five to Village Six
*Removal of temporary improvements 'Temporary Roadway" (Santa Madera Avenue
*Restoration ofthe area to original conditions between Telegraph Canyon Road and Morgan
Hill Drive
*Construction offull street improvements Permanent public road connecting Filmore St.
to East Orange Ave.
*Construction offull improvements Transit stop facilities in Villages One and Five
* AcquisitionlDedication of off site drainage Poggi Canyon Channel (onsite and off site) and
easement detention basin
*Construction and maintenance (prior to City
acceptance)
*Construction and maintenance (prior to City Telegraph Canyon Channel detention basin
acceptance)
* AcquisitionlDedication of offsite sewer Poggi Canyon Sewer Interceptor (onsite and
easement off site )
*Upgrading of the existing Poggi Canyon
Interceptor required to accommodate C.Y.T.
96-04 flows
*Construction of the improvements required to
connect C. Y. T 96-04 to the existing Poggi
Canvon sewer imorovements (near 1-805)
*Installation of interconnect wiring Traffic signals along Telegraph Canyon Rd. at
the intersections with St. Claire Dr., Otay
Lakes Rd. and Paseo Ranchero
*Construction of full landscaping and irrigation Open space lots
improvements
*Construction offull trail improvements Regional trail svstem
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Security satisfactory to the City shall be provided for the above backbone facilities when their
construction is triggered as identified in the approved Improvement Phasing Schedule.
In addition to the foregoing, security satisfactory to the City shall be provided to guarantee the
construction ofthe following First Phase Backbone Facilities:
1.) One-half of the improvements in East Palomar Street between Paseo Ranchero and La
Media including the two full traffic circles in Village One prior to approval of the first '13" Map
for Village One.
2.) The remaining improvements in East Palomar Street within Village One at the time
the trigger point is reached in the PFFP for the corresponding "B" Map.
3.) Full improvements in East Palomar Street between La Media and East Orange Avenue
in Village Five at the time the trigger point is reached in the PFFP for the corresponding '13"
Map.
4.) Fair share of full improvements for the pedestrian bridge connecting Village One to
Village Five and fair share of one half of the improvements for the pedestrian bridges connecting
Village One to Village Two and Village Five to Village Six, prior to the approval of the first final
"B"Map.
The amount of the security for the above noted improvements shall be 110% times a construction
cost estimate approved by the City Engineer if improvement plans have been approved by the
City, 150% times the approved cost estimate if improvement plans are being processed by the
City or 200% times the construction cost estimate approved by the City Engineer if improvement
plans have not been submitted for City review. A lesser percentage may be required if it is
demonstrated to the satisfaction of the City Engineer that sufficient data or other information is
available to warrant such reduction.
SCHOOLS
110. Prior to the approval of the first final '13" Map, the applicant shall prepare and submit an
application for an amendment to the Otay Ranch General Development Plan replacing the Village
Seven High School location with a site in either the area west of Paseo Ranchero in Village One
or the northern portion of Village Two. The applicant shall enter into a supplemental agreement
prior to approval of the first final map in which applicant agrees to the following: The City shall
not issue building permits for more than 1,400 units within SPA One until the City has acted on
the proposed plan amendment unless the District consents to the further issuance of such permits.
The Applicant shall deliver to the School District a graded high school site including utilities
provided to the site and an all weather access road acceptable to the District prior to issuance of
the 2,650th building permit (504 students) or upon written request by the District not prior to
1,800 permits. The all weather access road shall also be acceptable to the Fire Department. This
schedule is subject to modification by the School District as based on District facility needs.
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III. The Applicant shall deliver to the School District, a graded elementary school site
including utilities provided to the site and an all weather access road acceptable to the District,
located within Village One, prior to issuance of the SOOth residential building permit (150
students). The all weather access road shall also be acceptable to the Fire Department. This
schedule is subject to modification by the School district as based on District facility needs.
112. The Applicant shall deliver to the School District, a graded elementary school site
including utilities provided to the site and an all weather access road acceptable to the District,
located within Village Five, prior to issuance of the 2,500th residential building permit (750
students). The all weather access road shall also be acceptable to the Fire Department. This
schedule is subject to modification by the School District as based on District facility needs.
113. The applicant shall deliver to the School District, a graded elementary school site
including utilities provided to the site and an all weather access road acceptable to the District,
located west of Paseo Ranchero, prior to issuance of the 4,500th residential building permit
(1,350 students). The all weather access road shall also be acceptable to the Fire Department.
This schedule is subject to modification by the School District as based on District facility needs.
MISCELLANEOUS
114. Include in the Declaration of Covenants, Conditions and Restrictions (CC&Rs) provisions
assuring maintenance of all streets, driveways, drainage and sewage systems which are private. The
City of Chula Vista shall be named as party to said Declaration authorizing the City to enforce the
terms and conditions of the Declaration in the same manner as any owner within the subdivision. The
CC&R's shall also include language which states that any proposal by the HOA for dedication or
conveyance for public purposes of land used for private streets will require prior written approval of
100"10 of all the Homeowners' Association members.
lIS. Submit copies of Final Maps and improvement plans in a digital format such as (DXF) graphic
file prior to approval of each Final Map. Provide computer aided Design (CAD) copy of the Final Map
based on accurate coordinate geometry calculations and submit the information in accordance with the
City Guidelines for Digital Submittal in duplicate on 5-1/4" HD or 3-1/2" disks prior to the approval of
each Final Map.
116. Tie the boundary ofthe subdivision to the California System -Zone VI (1983).
117. Prior to approval of the first final map the developer shall subrnit and obtain the approval
of the City of a master final map ('~" Map) over the entire approved tentative map, showing
"super block" lots corresponding to the units and phasing or. combination of units and phasing
thereof Said '~" map shall also show the backbone street dedications and utility easements
required to serve the 'super block" lots. All 'super" block lots created shall have access to a
dedicated public street. Said 'W' map shall not be considered the first map as indicated in other
conditions of approval unless said map contains single or multiple family lots or a subdivision of
the multiple family lots shown on the tentative map. A lot line adjustment, if utilized in
accordance with City standards and procedures, shall not be considered the first "A" Map.
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The subsequent development of a multiple family lot which does not require the filing of a 'B"
Map shall meet, prior to issuance of a building permit for that lot, all the applicable conditions of
approval of the tentative map, as determined by the City Engineer. Construction of non-backbone
streets adjacent to multiple family lots will not need to be bonded for with the final "A" Map
which created such lot. However, such improvements will be required to be constructed under
the Municipal Code provisions requiring construction of street improvements under the design
review and building permit issuance processes.
In the event of a filing of a final map which requires oversizing (in accordance with the restrictions
of state law and City ordinances) of the improvements necessary to serve other properties, said
final map shall be required to install all necessary improvements to serve the project plus the
necessary over sizing of facilities required to serve such other properties.
118. Signage shall be provided at Bouquet Canyon Drive and the pedestrian paseo in Village
Five and at Stanislaus Drive and the pedestrian paseo in Village One which alerts motorists to a
pedestrian mid-block crossing. A signage plan indicating the location and content of said signs
shall be reviewed and approved by the Planning Director prior to approval of the appropriate final
"B" Map, as determined by the Planning Director and City Engineer.
119. The Applicant shall secure approval of a Master Precise Plan for the Village One and
Village Five Core Areas, prior to submitting any development proposals for commercial, multi-
family and Community Purpose Facility areas within the SPA One Village Cores.
120. Pursuant to the provisions of the Growth Management Ordinance (Section 19.09 of the
CYMe) and the Otay Ranch General Development Plan (GDP), the Applicant shall complete the
following: (1.) Fund the preparation of an annual report monitoring the development of the
community of Otay Ranch. The annual monitoring report will analyze the supply of, and demand
for, public facilities and services governed by the threshold standards. An annual review shall
commence following the first fiscal year in which residential occupancy occurs and is to be
completed during the second quarter of the following fiscal year. The annual report shall adhere
to those guidelines noted on page 353, Section D of the GDP/SRP; and (2.) Prepare a five year
development phasing forecast identifying targeted submittal dates for future discretionary
applications (SPAs and tentative maps), projected construction dates, corresponding public
facility needs per the adopted threshold standards, and identifying financing options for necessary
facilities.
121. The owners of each Village shall be responsible for retammg a project manager to
coordinate the processing of discretionary permit applications originating from the private sector
and submitted to the City of Chula Vista. The project manager shall establish a formal submittal
package required of each developer to ensure a high standard of design and to ensure consistency
with standards and policies identified in the adopted SPA Plan. The project manager shall have a
well rounded educational background and experience, including but not limited to land use
planning and architecture.
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122. The applicant shall submit copies of any proposed C. C. and R's for review and approval by the
Director of Planning and the City Engineer prior to approval of each final 'B"Map.
123. Fully accessible handicap access shall be provided at the ends of the following cul-de-sacs:
Artesia Street, Glendora Court, Calistoga Avenue, Monte Sereno Avenue, Antioch Avenue, Coalinga
Court, Westmoreland Street, Cordelia Street, Iowa Hill Court, Live Oak Street, Marion Court, Lodi
Court, Larkspur Court, Santa Lucia Road, Parker Mountain Road, Geyserville Street, Escalon Court,
Sheep Ranch, Meeks Bay Drive, Harrills Mill Avenue and Volcano Creek Road.
Access via stairs shall be provided at the ends ofthe following cul-de-sacs: Stanislaus Drive, Amador
Street, Woodsford Court, Lockeport Court, Clovis Court, Millbrae Court, Mayfield Court, Cache
Creek Road, Jedediah Road, Kingsburg Avenue and Lassen Peak Street
124. The CPF-2 site located within VIllage One, shall be considered a floating designation and shall
be located in Neighborhood R-15. Project design for this site will be submitted, reviewed and
approved by the Director of Planning concurrently with the Precise Plan for this area.
125. Ifdeveloper desires to do certain work on the property after approval of the tentative map but
prior to recordation of the applicable final 'B" Map, they may do so by obtaining the required
approvals and permits from the City. The permits can be approved or denied by the City in accordance
with the City's Municipal Code, regulations and policies. Said permits do not constitute a guarantee
that subsequent submittals (i.e., final 'B" Map and improvement plans) will be approved. All work
performed by the developer prior to approval of the applicable 'B" Map shall be at developer's own
risk. Prior to permit issuance, the developer shall acknowledge in writing that subsequent submittals
(i.e., final 'B" Map and improvement plans) may require extensive changes, at developers cost, to
work done under such early permit. The developer shall post a bond or other security acceptable to
the City in an amount determined by the City to guarantee the rehabilitation of the land if the applicable
final 'B"Map does not record.
PHASING
126. If the applicant modifies the SPA One approved phasing plan, the applicant shall submit to the
City a revised phasing for review and approval prior to approval of the first final 'B"Map. The PFFP
shall be revised where necessary to reflect the revised phasing plan
127. If phasing is proposed within an individual map or through multiple final maps, the developer
shall submit and obtain approval for a development phasing plan by the City Engineer and Director of
Planning prior to approval of any final map. Improvements, facilities and dedications to be provided
with each phase or unit of development shall be as determined by the City Engineer and Director of
Planning. The City reserves the right to require said improvements, facilities and/or dedications as
necessary to provide adequate circulation and to meet the requirements of police and fire departments.
The City Engineer and Planning Director may, at their discretion, modify the sequence of improvement
construction should conditions change to warrant such a revision.
128. The Public Facilities Finance Plan or revisions hereto shall be adhered to for the SPA and
tentative map with improvements installed in accordance with said plan or as required to meet
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threshold standards adopted by the City of Chula Vista. The PFFP identifies a facility phasing plan
based upon a set of assumptions concerning the location and rate of development within and outside of
the project area. Throughout the build-out of SPA One, actual development may differ from the
assumptions contained in the PFFP (i.e., the development ofEastLake ill). Neither the PFFP nor any
other SPA One document grant the Applicant an entitlement to develop as assumed in the PFFP, or
limit the SPA One's facility improvement requirements to those identified in the PFFP. Compliance
with the City of Chula Vista threshold standards, based on actual development patterns and updated
forecasts in reliance on changing entitlements and market conditions, shall govern SPA One
development patterns and the facility improvement requirements to serve such development. In
addition, the sequence in which improvements are constructed shall correspond to any future Eastern
Chula Vista Transportation Phasing Plan or amendment to the Growth Management Program and
Ordinance adopted by the City. The City Engineer may modifY the sequence of improvement
construction should conditions change to warrant such a revision. Concurrent with the approval of the
first final map approved after the PFFP for the EastLake ill GDP Area, the Applicant shall update, at
the Applicant's expense and subject to a Reimbursement Agreement, the SPA 1 PFFP and agrees that
the City Engineer may change the timing of construction of the public facilities, including without
limitation, the nature, sizing, extent and timing for the construction of public facilities caused by SPA
One, shall become a condition for all subsequent SPA One entitlements, including tentative and final
maps.
CODE REQUIREMENTS
129. 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.
130. Underground all utilities within the subdivision in accordance with Municipal Code
requirements.
13 I. Pay the following fees in accordance with the City Code and Council Policy:
a. The Transportation and Public Facilities Development Impact Fees.
b. Signal Participation Fees.
c. All applicable sewer fees, including but not limited to_sewer connection fees.
d. Interim SR-125 impact fee
e. Telegraph Canyon Sewer Basin DIF.
f Poggi Canyon Sewer Basin DIF as may be adopted by the City in the future.
g. Telegraph Canyon Basin Drainage DIF.
h. Reimbursement District for Telegraph Canyon Road Phase 2 Undergrounding.
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i. Otay Ranch Reserve Fund fee.
Pay the amount of said fees in effect at the time of issuance of building permits.
132. Comply with all relevant Federal, State, and Local regulations, including the Clean Water Act.
The developer shall be responsible for providing all required testing and documentation to demonstrate
said compliance as required by the City Engineer.
133. Ensure that prospective purchasers sign a "Notice of Special Taxes and Assessments" pursuant
to Municipal Code Section 5.46.020 regarding projected taxes and assessments. Submit disclosure
form for approval by the City Engineer prior to Final Map approval.
134. Comply with Council Policy No. 570-03 ifpump stations for sewer purposes are proposed.
135. Comply with Council Policy No. 522-02 regarding maintenance of natural channels within
open spaces.
136. The applicant shall comply with all aspects of the City ofChula Vista Landscape Manual.
137. The Applicant shall comply with Chapter 19.09 of the Chula Vista Municipal Code
(Growth Management) as may be amended from time to time by the City. Said chapter includes
but is not limited to: threshold standards (19.09.04), public facilities finance plan implementation
(19.09.090), and public facilities finance plan amendment procedures (19.09.100).
The applicant acknowledges that the City is presently in the process of amending its Growth
Management Ordinance to add a proposed Section 19.09.105, to establish provisions necessary to
ensure compliance with adopted threshold standards (particularly traffic) prior to construction of
State Route 125. Said provisions will require the demonstration, to the satisfaction of the City
Engineer, of sufficient street system capacity to accommodate a proposed development as a
prerequisite to final map approval for that development, and the applicant hereby agrees to
comply with adopted amendments to the Growth Management Ordinance.
138. Upon submittal of building plans for small lot single family (5,000 square feet or less as
defined in the City of Chula Vista Design Manual) residential development, plans shall clearly
indicate that 750 square feet of private open space will be provided.
139. The applicant shall apply for and receive a take permit from the appropriate resource
agencies or comply with an approved MSCP or other equivalent I O( a) permit applicable to the
property.
140. All proposed development shall be consistent with the Otay Ranch SPA One Planned
Community District Regulations.
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GATED AREAS
The following conditions will be included in the final Resolution only if the City Council
specifically approves the provision of gates on the Tentative Map.
141. Any gates proposed on the tentative tract map are not considered to be approved unless
and until specifically approved by the City Council.
142. Parks located within gated areas shall not receive park credit.
143. Include all private streets in separate lots. Provide on the appropriate Final 'B" Map a
certificate granting to the City a public utility easement over the entire private street lots.
144. Designate all streets within gated communities as private. Design of said streets shall meet the
City standards for public streets unless otherwise approved by the City Engineer. Private street cross
sections shall conform to those shown on the Tentative Map.
145. Provide at all private streets with controlled access, the following features:
a. Gates as approved by the City Engineer and the Planning Director. Gates shall be
located to provide sufficient room on the private roadway to queue without
interrupting traffic on public streets.
b. A turn around at the location of the gate. The size and location of said turn around
shall be approved by the City Engineer.
c. A border between public street and private street delineated through the use of
distinctive pavements.
d. Provisions shall be made for emergency vehicle access as directed by the Police Chief
and Fire Marshal, including but not limited to proposals for staffing, 'bpticon" or
keypad system.
e. A dedicated parking space for the gate attendant.
146. Include the right-of-way for any private portion of the 'Temporary Roadway" (Santa Madera
Avenue between Telegraph Canyon Road and Morgan Hill Drive) in a separate lot. In the appropriate
final 'B" Map, grant said lot in fee to the City for open space and other public uses and include
language in the City's Clerk Statement rejecting said lot and noting that Section 66477.2(a) of the
Subdivision Map Act provides that an offer of dedication shall remain open and subject to future
acceptance by the City. The City Clerk's Statement shall also indicate that the Council action rejecting
the lot will be rescinded and the open space lot accepted at such time as a public road connecting
Filmore Street in Village One to East Orange Avenue is opened for public use
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COMPARISON OF OTAY RANCH STREET CLASSIFICATIONS
TO CITY STREET CLASSIFICATIONS
FOR DETERMINATION OF DESIGN STANDARDS TO BE UTILIZED IN
TENTATIVE MAP AND IMPROVEMENT PLAN PREPARATION
FOR OTAY RANCH USE DESIGN STANDARDS FOR CIN
CLASSIFICATION OF STREET CLASSIFICATION OF
Scenic Corrid or Prime Arterial
Prime Anerial Prime Arterial
Primary Village Entry Class I Collector .
- Secondary Village Entry Class II Collector
Village Core . Class I Collector
Residential Promenade Class III Collector
Core Promenade Residential
Villege Main Residential
.Village PIau Residential
Residential A and B Residential
Alley . Alley Standards - -
Exhibit A
) 1- (~
Attachment 2
Village I and Phase I-A
RESOLUTION No. ] 8398-2
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA ADOPTING THE SECOND ADDENDUM TO
AND RECERTIFYING FINAL ENVIRONMENTAL IMPACT
REPORT FEIR 95-0] (SCH #950210]2) AND FIRST
ADDENDUM, READOPTING THE STATEMENT OF
OVERRIDING CONSIDERATIONS AND THE MITIGATION
MONITORING AND REPORTING PROGRAM FOR THE FEIR
AND APPROVING A REVISED TENTATIVE SUBDIVISION
MAP FOR PORTIONS OF THE OTAY RANCH SPA ONE,
CHULA VISTA TRACT 96-04, AND MAKING THE
NECESSARY FINDINGS, AND CONTINUING ALTERNATIVE
TENTATIVE MAP PROPOSALS
WHEREAS, the property which is the subject matter of this resolution is identified and
described on Chu]a Vista Tract 96-04 and is commonly known as Otay Ranch Sectional Planning Area
(SPA) One ("Property"), and;
WHEREAS, Village Deve]opment filed a duly verified application for the subdivision of the
Property in the form of the tentative subdivision map known as Otay Ranch SPA One, Chula Vista
Tract 96-04, with the Planning Department of the City of Chula Vista on December 6, ] 995, and;
WHEREAS, Village Development filed a revised tentative subdivision map for Tract 96-04
("Project") on August 9, ]996, and;
WHEREAS, the revised application requested the approval for the revised subdivision of
approximately 8]9.6 acres located south of Telegraph Canyon Road between Paseo Ranchero and the
future alignment ofSR-]25 into 3,873 residential lots, ]72.] acres of open space, one ]O-acre school
site and one ten acre schoo] site proposed in a yet to be determined location for the area west of Paseo
Ranchero, 28 acres of neighborhood parks and 18.2 acres of community purpose facility lots, and;
WHEREAS, City staff has recommended that only the portions of Village One owned by
Village Development and Phase I-A of Village Five be approved as more specifically set forth in the
staff report ("Project"), and;
WHEREAS, the development of the Property has been the subject matter of a General
Development Plan ("GDP") previously approved by the City Council on October 28, ] 993 by
Resolution No. 17298 and as amended on May ]4, ]996 by Resolution No. ]8285 ("GDP
Resolution") wherein the City Council, in the environmental evaluation of said GDP, relied in part on
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the Otay Ranch General Development Plan, Environmental Impact Report No. 90-01, SCH #9010154
("Program EIR 90-01"), and;
WHEREAS, the development of the Property has been the subject matter of a Sectional
Planning Area Plan ("SPA Plan") previously approved by the City Council on June 4, 1996 by
Resolution No. 18286 ("SPA Plan Resolution") wherein the City Council, in the environmental
evaluation of said SPA Plan, relied in part on the Otay Ranch SPA Plan Final Environmental Impact
Report No. 95-01, SCH # 95021012 ("FEIR 95-01"), and;
WHEREAS, this Project is a subsequent activity in the program of development
environmentally evaluated under Program EIR 90-01, and FEIR 95-01 and addendum thereto, 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
alternative Tentative Maps and determined that they are in substantial conformance with the SPA Plan
and the related environmental documents and that the proposed alternative maps would not result in
any new environmental effects that were not previously identified, nor would the proposed alternative
tentative maps result in a substantial increase in severity in any environmental effects previously
identified; therefore only an a Addendum to FEIR 95-0 I is required in accordance with CEQA, and;
WHEREAS, the Planning Commission held an advertised public hearing on the original
tentative rnap application on July 10, 1996, and another advertised public hearing on the Project on
August 14, 1996 at which time the Planning Commission voted to: (1) recertifY FEIR 95-01; (2)
readopt the Statement of Overriding Considerations and the Mitigation Monitoring and Reporting
Program; and (3) recommend that the City Council approve the Project in accordance with staff's
recommendation and the findings and conditions listed below; and
WHEREAS, the City Council set the time and place for a hearing on said tentative subdivision
map application and notice of said hearing, together with its purpose, was given by its publication in a
newspaper of general circulation in the City at least ten days prior to the hearing, and;
WHEREAS, the City Council received and considered all evidence on the record which
supports the recommendation of continuance of the proposed alternative tentative maps other than
stafI's recommendation, and,
WHEREAS, the hearing was held at the time and place as advertised on August 20, 1996,
continued to September 10, 1996, continued again to September 17, 1996, continued again to October
22, 1996 and continued again to November 12, 1996 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:
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SECTION I. CEQA Finding re Previously Examined Effects.
The City Council hereby finds that the Project, as described and analyzed in the Program EIR 90-01,
FEIR 95-01, and addendum thereto, would have no new effects that were not examined in the
preceding Program EIR 90-01 and FEIR 95-01 (Guideline 15168 (c)(1)), and;
SECTION 2. CEQA Finding re Project within Scope of Prior Program EIR.
The City Council hereby finds that: (1) there were no changes in the project from the Program EIR and
the FEIR which would require revisions of said reports; (2) no substantial changes have occurred with
respect to the circumstances under which the project is undertaken since the previous reports; (3) and
no new information of substantial importance to the project has become available since the issuance
and 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 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 FEIR, and, therefore, an second addendum has been
prepared (Guideline 15168 (c)(2)), and;
SECTION 3. Incorporation of All Feasible Mitigation Measures and Alternatives.
The City does hereby adopt and incorporate herein as conditions for this approval all applicable
mitigation measures and alternatives, as set forth in the findings adopted in the GDP approval (90-0 I)
and the SPA approval (95-0 I).
SECTION 4. Notice with Later Activities.
The City Council does hereby give notice, to the extent required by law, that this Project was fully
described and analyzed and is within the scope of the GDP EIR (90-01) and the SPA Plan EIR (95-
01), and the Final EIR with the second addendum adequately describes and analyzed this project for
the purposes ofCEQA (Guideline 15168 (e)).
SECTION 5. Tentative 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 Otay Ranch SPA One, Chula
Vista Tract 96-04, is in conformance with all the various elements of the City's General Plan,
the Otay Ranch General Development Plan and Sectional Planning Area Plan based on the
following:
1. Land Use - The Project is a planned community which provides a variety ofland uses
and residential densities ranging between 3.5 and 36.8 dwelling units per acre The
project is also consistent with General Plan policies related to grading and landforms.
2. Circulation - All of the on-site and off-site public and private streets required to serve
the subdivision consist of Circulation Element roads and local streets in locations
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required by said Element. The Applicant shall construct those facilities in accordance
with City standards or pay in-lieu fees in accordance with the Transportation
Development Impact Fee program.
3. Housing - The Applicant is required to enter into an agreement with the City to provide
and implement a low and moderate income program within the Project prior to the
approval of any Final Map for the Project.
4. Parks and Recreation - The Project will provide a 25-acre (gross) community park,
26.5 acres (gross) of neighborhood parks and the payment of PAD fees or additional
improvements as approved by the Director of Parks and Recreation. In addition, a
recreational trail system will be provided throughout the Project, ultimately connecting
with other open space areas and trail systems in the region. However, the
neighborhood park site in Village Five may change. Open Space - The Project as
recommended for approval provides 122.7 acres of open space, 20% of the total 608
acres. A program to preserve 83% of slopes greater than 25% has been established
ranch-wide and is detailed in the recirculated FEIR 95-01.
5. Conservation - The Program EIR and FEIR addressed the goals and policies of the
Conservation Element of the General Plan and found development of this site to be
consistent with these goals and policies.
6. Seismic Safety - No seismic faults have been identified in the vicinity of the Project.
7. Public Safety - All public and private facilities are expected to be reachable within the
threshold response times for fire and police services.
8. Public Facilities - The Applicant will provide all on-site and off-site streets, sewers and
water facilities necessary to serve this Project. The developer will also contribute to
the Otay Water District's improvement requirements to provide terminal water storage
for this Project as well as other ml\ior project in the eastern territories. However, the
elementary school site in Village Five may change.
9. Noise - The Project will include noise attenuation walls as required by an acoustic
study dated June 6, 1995 prepared for the Project. In addition, all units are required to
meet the standards of the UBC with regard to acceptable interior noise levels.
10. Scenic Highway - The roadway design provides wide landscaped buffers along the two
scenic highways, Telegraph Canyon Road and East Orange Avenue (Olympic
Parkway).
II. Bicycle Routes - Bicycle paths are provided throughout the Project.
12. Public Buildings - The Project provides three elementary school sites and one high
school site to serve the area. One elementary school site and the high school site will
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be off-site of the project. The project will also be subject to Public Facilities
Development Impact Fees.
B. Balance of Housing Needs and Public Service Needs.
Pursuant to Section 66412.3 of the Subdivision Map Act, the Council certifies that it has
considered the effect of this approval on the housing needs of the region and has balanced
those needs against the public service needs of the residents of the City and the available fiscal
and environmental resources. The development will provide for a variety of housing types
from single family detached homes to attached single-family and multiple-family housing and
will provide low and moderate priced housing consistent with regional goals.
C. Opportunities for Natural Heating and Cooling Incorporated.
The configuration, orientation and topography of the site partially allows for the optimum
siting of lots for passive or natural heating and cooling opportunities as required by
Government Code Section 66473.1.
D. Finding regarding 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.
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.
SECTION 6. Tentative Map Findings In Support Of Continuance Of The Tentative Map
Alternatives.
Pursuant to Government Code Section 66474 (a) in the Subdivision Map Act, the revised tentative
subdivision map for the portion of Village One and Five adjacent to the West Coast Land Fund
collateral are continued for Otay Ranch SPA One, Chula Vista Tract 96-04, as not being in
conformance with all the various elements of the City's General Plan, the Otay Ranch General
Development Plan and Sectional Planning Area Plan based on the following:
A. Public Facilities.
West Coast Land Fund has foreclosed on approximately 288 acres of Villages One and Five
and has informed the City that they are not satisfied with the elementary school and
neighborhood park location within the Specific Plan and revised tentative map. West Coast has
indicated, when foreclosure is complete, they plan to initiate SPA amendments to relocate the
school and parks locations. The relocation of the school and park sites may be on Village
Development's portion of Village Five. Therefore, the revised tentative is continued for Village
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Five in order to maintain flexibility and orderly development in providing public facilities for
schools and parks in Village Five.
Pursuant to Government Code Section 66474 (b) in the Subdivision Map Act, the revised
tentative subdivision map for the portion of Village One and Five adjacent to the West Coast
Land Fund properties are continued for Otay Ranch SPA One, Chula Vista Tract 96-04, as not
being consistent with the approved specific plan based on the following:
B. Village Core.
The required public facilities and private services in the village core for Village Five are on the
West Coast Land Funds property and may not be available when needed for the development
of Village Five.
Pursuant to the City Code Section 18. 04.050 subdivisions are to be design with consideration
to existing streets and the effect of the extension of said streets and alignment thereof in
undeveloped land surrounding the subdivision.
C. Streets.
The proposed subdivision does not adequately plan for the extension of public streets into
adjacent residential area that are part of the West Coast Land Fund property. The tentative
map proposes gated neighborhoods adjacent to the West Coast Land Fund collateral that is not
part of the tentative map. City policy requires private streets in gated neighborhoods. Therefore
public street access to the West Coast land Fund property is not provided in the proposed
tentative map.
SECTION 7. Conditional Approval of Tentative Subdivision Map.
The City Council does hereby approve, subject to the following conditions, as Exhibit A attached
hereto and incorporated herein by this reference, the Project revised tentative subdivision map for omy
Village One and Phase I-A of the Otay Ranch SPA One, Chula Vista Tract 96-04 and continues the
approval of the tentative map alternatives which include other territory other than staff's proposed
Alternative B, based upon the findings and determinations on the record for the project.
Approval of this tentative map shall not take effect until the second reading and approval by City
Council of the Village Development Development Agreement.
SECTION 8. CEQA Findings of Fact, Mitigation Monitoring Program and Statement of Overriding
Considerations.
A. Adoption of Second Addendum.
The City Council does hereby adopt the Second Addendum to the Final EIR 95-0 I.
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B. Re-adoption of Findings of Fact.
The Council does hereby re-approve, accept as its own and re-incorporate, as if set forth fully,
and make each and every one of the Findings contained in the Findings of Act. attached hereto
as Attachment A known as Document No. C096-056 which is on file in the Office of the City
Clerk.
C. Certain Mitigation Measures Feasible and Re-adopted.
As more fully identified and set forth in the Program EIR and the FEIR and Addendum and in
the CEQA Findings for this Project, which is hereby attached hereto as Attachment A, the
Council hereby finds that, pursuant to Public Resources Code Section 21081 and CEQA
Guidelines Section 15091, the mitigation measures described in the above referenced
documents and adopted by the Council are feasible and will become binding upon the
Applicant and its successors in interest, and the City is required to implement these mitigation
measures.
D. Infeasibility of Alternatives.
As is also described and comparatively analyzed in the EIR (90-01, 95-01) and the Findings
adopted in each instance, alternatives to the Project, which were identified as potentially
feasible, are hereby found not to be feasible.
E. Readoption of Mitigation Monitoring and Reporting 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 Attachment B to this
resolution known as Document C096-057, which is on file in the Office of the City Clerk and
incorporated herein by reference as set forth in full. The City Council finds that the Program is
designed to ensure that, during the Project implementation and operation, the Applicant and
other responsible parties implement the Project components and comply with the feasible
mitigation measures identified in the Findings and in the Program.
F. Statement of Overriding Considerations.
Even after the re-adoption of all feasible mitigation measures, and any feasible alternatives.
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-adopts,
pursuant to CEQA Guidelines Section 15093, as set forth and attached hereto as Attachment C
known as Document No. C096-058, a copy of which is on file in the Office ofthe City Clerk,
a Statement of Overriding Considerations identifYing the specific economic, social and other
considerations that render the unavoidable significant adverse environmental effects still
significant but acceptable
CCll12A2.DOC
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SECTION 9. Notice ofDetennination.
City Council directs the Environmental Review Coordinator to post a Notice of Determination for the
project and file the same with the County Clerk.
SECTION 10. Consequence of Failure of Conditions.
If any of the foregoing conditions fail to occur, or if they are, by their tenns, to be implemented and
maintained over time, if any of such conditions fail to be so implemented and maintained according to
their tenns, the City shall have the right to revoke or modity all approvals herein granted, deny, revoke
or further condition issuance of all future building pennits 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.
SECTION 11. Invalidity; Automatic Revocation.
It is the intention of the City Council that its adoption of this Resolution is dependent upon the
enforceability of each and every term, provision and condition herein stated; and that in the event that
anyone or more tenns, provisions, or conditions are detennined 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 fonn by:
Gerald 1. Jamriska, AlCP
Special Planning Projects Manager
Ann Moore
Acting City Attorney
Attachments:
Exhibit A: Conditions of Approval
Attachment A: Findings of Fact
Attachment B: Mitigation Monitoring and Reporting Program
Attachment C: Statement of Overriding Considerations
Attachment D: Second Addendum to FEIR
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PASSED, APPROVED and ADOPTED by the City Council of the City ofChula Vista, California, this
12th day of November, 1996, by the following vote:
YES
NOES:
ABSENT:
Shirley Horton, Mayor
ATTEST:
Beverly A. Authelet, City Clerk
STATE OF CALIFORNIA)
COUNTY OF SAN DIEGO) ss.
CITYOFCHULA VISTA)
I, Beverly A. Authelet, City Clerk of the City of Chula Vista, California, do hereby certifY that the
foregoing Resolution No. _ was duly passed, approved, and adopted by the City Council at a City
Council meeting held on the 12th day of November, 1996.
Executed thisl2th day November, 1996.
Beverly A. Authelet, City Clerk
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ATTACHMENT 2
TENTATIVE MAP - OTAY RANCH VILLAGES 1 & AND PHASE lA OF VILLAGE
FIVE
CONDITIONS OF APPROVAL
Unless otherwise specified or required by law: (a). the conditions and Code requirements set
forth below shall be completed prior to the related final map as detennined by the Director of
Planning, Parks and Recreation and the City Engineer; (b). unless otherwise specified, "dedicate"
means grant the appropriate easement, rather than fee title. Where an easement is required the
applicant shall be required to provide subordination of any prior lien holders in order to ensure
that the City has a first priority interest in such land unless otherwise excused by the City. Where
fee title is granted or dedicated to the City, said fee title shall be free and clear of all
encumbrances, unless otherwise excused by the City.
Should conflicting wording or standards occur between these conditions of approval, any conflict
shall be resolved by the City Manager or designee.
GENERAL/PRELlMlNARY
1. Comply with all requirements and guidelines of the Parks, Recreation Open Space and Trails
Plan, Public Facilities Financing Plan, Ranch Wide Affordable Housing Plan, Spa One Affordable
Housing Plan, and the Non-Renewable Energy Conservation Plan, unless specifically modified by the
appropriate department head, with the approval of the City Manager. These plans may be subject to
minor modifications by the appropriate department head, with the approval of the City Manager,
however, any material modifications shall be subject to approval by the City Council.
2. All of the terms, covenants and conditions contained herein shall be binding upon and
inure to the benefit of the heirs, successors, assigns and representatives of the Developer as to any
or all of the Property. For purposes of this document the term "Developer" shall also mean
"Applicant".
3. If any of the terms, covenants or conditions contained herein shall fail to occur or if they
are, by their terms, to be implemented and maintained over time, if any of such conditions fail to
be so implemented and maintained according to their terms, the City shall have the right to revoke
or modify all approvals herein granted including issuance of building pennits, deny, or further
condition the subsequent approvals that are derived from the approvals herein granted, institute
and prosecute litigation to compel their compliance with said conditions or seek damages for their
violation. The applicant shall be notified 10 days in advance prior to any of the above actions
being taken by the City and shall be given the opportunity to remedy any deficiencies identified by
the City.
4. Applicant shall indemnify, protect, defend and hold the City harmless from and against any
and all claims, liabilities and costs, including attorney's fees, arising from challenges to the
Environmental Impact Report for the Project and/or any or all entitlements and approvals issued
by the city in connection with the Project.
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5. The applicant shall comply with all applicable SPA conditions of approval.
6. Any and all agreements that the applicant is required to enter in hereunder, shall be in a
form approved by the City Attorney.
7. The terms, conditions and time limits associated with this tentative map shall be consistent
with the Development Agreement approved by Ordinance # 2679 by the City Council on July 16,
1996 ("Development Agreement") and as amended on October 22, 1996.
8. The applicant shall comply with the terms of the Conveyance Agreement, adopted by
Resolution # 18416 by the City Council on October 22, 1996 ("Conveyance Agreement").
ENVIRONMENTAL
9. Prior to the approval of each final "B" Map, the applicant shall implement all applicable
mitigation measures identified in EIR 95-0 I, the CEQA Findings of Fact for this Project (Exhibit
*) and the Mitigation Monitoring and Reporting Program (Exhibit *).
10. Prior to the approval of each final "B" Map, the applicant shall comply with all applicable
requirements of the Phase 2 Resource Management Plan (RMP) as approved by the City Council
on June 4, 1996 and as may be amended from time to time by the City.
II. Prior to the approval of each final "B" Map, the applicant shall comply with the Otay
Ranch Resource Preserve in lieu fee program to be adopted by the City Council.
12. The Applicant shall comply with any applicable requirements of the California Department
of Fish and Game, the U.S. Department of Fish and Wildlife and the U.S. Army Corps of
Engineers.
DESIGN
13. The secondary access in the southern portion of Neighborhood R-30 shall be surfaced
with "grass-crete", "turf-block" or some other comparable material unless otherwise approved by
the Planning Director and Fire Chief Bollards shall be provided instead of the locking gate noted
on the map. The bollards shall be located closer to the terminus of the cul-de-sac (Parker
Mountain Road), rather than adjacent to Santa Rosa Drive.
14. Any proposed monumentationlsignage shall be consistent with the Village Design Plan and
shall be reviewed and approved by the Planning Director prior to approval of the appropriate final
map.
15. In addition to the requirements outlined in the City of Chula Vista Landscape Manual,
privately maintained slopes in excess of 25 feet in height shall be landscaped and irrigated to
soften their appearance as follows: one 5-gallon or larger size tree per each 150 square feet of
slope area, one I-gallon or larger size shrub per each 100 square feet of slope area, and
appropriate ground cover. Trees and shrubs shall be planted in staggered clusters to soften and
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vary the slope plane. Landscape and irrigation plans for private slopes shall be reviewed and
approved by the Planning Director prior to approval of the appropriate final map.
16. A comprehensive wall plan indicating color, materials, height and location shall be
reviewed and approved by the Planning Director prior to approval of the first final "B" Map.
Materials and color used shall be compatible and all walls located in corner side-yards or rear
yards facing public_or private streets or pedestrian connections shall be constructed of a
decorative masonry and/or wrought iron material.
A revised acoustical analysis indicating if view fencing, such as a combination of masonry and
wrought iron, is allowable at the ends of cul-de-sacs backing up to Telegraph Canyon Road, East
Orange Avenue and Paseo Ranchero, shall be prepared prior to submittal of the wall plan
indicated above. If such fencing is allowable per the final acoustical analysis it shall be provided
at the ends of the following streets: Parker Mountain Road, Geyserville Street, Jamestown Drive,
Moss Landing Avenue, Porterville Ct., San Dimas Ct., Hanford Ct., Rocklin Ct., Colton Ct.,
Rincon Point, Santa Inez Ave., Traver Ct., Vernon Ct., Lindsay St., Applegate St. and Dunsmuir
Ct. View fencing shall be provided at the ends of all other open cul-de-sacs where a sound wall is
not required.
Any combination free standing/retaining walls shall not exceed 8.5 feet in height. The applicant
shall submit a detail and/or cross section of the maximum/minimum conditions for all
"combination walls" which include retaining and free standing walls. Said detail shall be reviewed
and approved by the Director of Planning prior to the approval of the first final map. The
maximum height of all retaining walls shall be 2.5 feet in height when combined with freestanding
walls which are six feet in height. A 2-3 foot separation shall be provided between free standing
and retaining walls where the combined height would otherwise exceed 8.5 feet.
17. Lots backing or siding onto pedestrian paseos or parks shall be provided with view
fencing, such as three feet of wrought iron on top of a three foot masonry wall, subject to
approval by the Fire Marshal and the Planning Director.
18. Should the applicant propose an amendment to the Otay Ranch General Development Plan
to reduce density within the Village Cores at some time in the future, the provision of additional
alley product shall be analyzed and considered concurrently with said amendment.
19. The Design Review Committee shall review and approve the elevations of all homes
backing and siding onto Telegraph Canyon Road in Neighborhood R-5.
20. A minimum of thirty percent of all 55 x 105 feet lots in each final map shall be provided
with Hollywood driveways. The applicant agrees to process an amendment to the Planned
Community District Regulations for SPA One to reflect said requirement.
STREETS, RIGHT-OF-WAY AND PUBLIC IMPROVEMENTS
21. Dedicate for public use all the public streets shown on the tentative map within the subdivision
boundary. Prior to approval of the applicable "B" Map, the applicant shall enter into an agreement to
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guarantee the construction of all street improvements as required by the PFFP for each particular
phase.
22. Secure in accordance with Section ] 8.] 6.220 of the Municipal Code, as necessary, the
construction and construct full street improvements for all on-site and off-site streets deemed necessary
to provide service to the subject subdivision. Said improvements shall include, but not be limited to,
asphalt concrete pavement, base, concrete curb, gutter and sidewalk, sewer, reclaimed water and water
utilities, drainage facilities, street lights, signs, landscaping, irrigation, fencing and fire hydrants.
Street cross sections shall conform to the cross sections shown on the Tentative Map. All other design
criteria shall comply with the current Chula Vista Design Standards, Chula Vista Street Design
Standards, and the Chula Vista Subdivision Manual unless otherwise conditioned or approved herein.
Exhibit A indicates the relationship between the Otay Ranch SPA One roadway designations and the
approved City designations in the Circulation Element of the General Plan for purposes of determining
the appropriate design standards for all streets within SPA One.
Should the City Engineer deem that the construction of sidewalks along the off site portions of East
Orange Avenue and East Palomar Street west of Pas eo Ranchero is not necessary to provide service to
the subject subdivision, their construction may be delayed.
The developer shall dedicate on the appropriate final "B" Map, the right-of-way to extend Carmel
Avenue, Santa Lucia Road, Santa Flora Drive, Gold Run Road, Applegate Street, Livingston
Avenue and Grayson Court to the easterly subdivision boundary of Village One. The City
Engineer and the Planning Director may waive this requirement if it is demonstrated that a street
does not need to be extended to provide access to the adjacent property.
Unless otherwise approved by the City Engineer, the developer shal] provide a cul-de-sac at the
end of all proposed street stubs along the subdivision boundary. The City Engineer may approve
the installation of a temporary turnaround at the end of those streets that might be extended in the
future to provide access to the adjacent property.
23. In accordance with the pre-Annexation Development Agreement the developer shall grant to
the City fee title to the right-of-way for SR ]25. Said right-of-way shall be contained in a lot granted
to the City for open space, transportation and other public purposes. The right-of-way shall be granted
at such time as requested by the City.
24. As part of the improvement plans associated with the final "B" Map which triggers the
installation of the related street improvements, install a fully activated traffic signal including
interconnect wiring at the following intersections:
a. East Palomar Street and Paseo Ranchero
b East Palomar Street and La Media Road
c. East Palomar Street and East Orange Avenue
d. East Orange Avenue and Paseo Ranchero
e. East Orange Avenue and La Media Road
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Install underground improvements, standards and luminaries with construction of street improvements,
and install mast arms, signal heads and associated equipment as determined by the City Engineer.
25. Submit to and obtain approval by the City Engineer of striping plans for all collector or higher
classification streets simultaneously with the associated improvement plans.
26. Design all vertical and horizontal curves and intersection sight distances to conform to the
CalTrans Highway Design Manual. Sight visibility easements shall be granted as necessary to comply
with the requirements in the CalTrans Highway Design Manual.
27. Plant trees within all street parkways which have been selected from the revised list of
appropriate tree species described in the Village Design Plan which shall be approved by the Directors
of Planning, Parks and Recreation and Public Works. The applicant shall provide root control methods
per the requirements of the Parks and Recreation Director and a deep watering irrigation system for the
trees. An irrigation system shall be provided from each individual lot to the adjacent parkway. The
improvement plans, including final selection of street trees, for the street parkways shall be approved by
the Directors of Planning, Parks and Recreation and the City Engineer.
28. Enter into an agreement with the City, prior to approval of the first final "A" Map, where the
developer agrees to the following:
a. Fund and install Chula Vista transit stop facilities when directed by the Director of
Public Works. The improvement plans for said stops shall be prepared in accordance
with the transit stop details described in the Village Design Plans and approved by the
Directors of Planning and Public Works.
b. Not protest the formation of any future regional benefit assessment district to finance
the Light Rail Transit.
c. Fund its fair share of the cost of construction of the two pedestrian bridges connecting
Villages One to Village Two and Village Five to Village Six as determined by the City
Engineer based on the proportionate benefit received from the improvements. The
developer shall also identifY the financing mechanism to be used to fund said cost.
29. Grant in fee to the City the right-of-way for the Light Rail Transit as indicated on the approved
Tentative Map. Said right-of-way shall be contained in lots granted to the City for open space,
transportation, and other public purposes. Said lots shall not extend across street intersections unless
approved by the City Engineer. Include said lots in an open space district.
30. Guarantee the construction and enter into an agreement to construct the pedestrian bridge
connecting Village One to Village Five in accordance with improvement plans approved by the City
prior to approval of the final map that requires construction of La Media Road between East Palomar
Street and East Orange Avenue The developer shall be responsible for the construction of said bridge
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and may seek, with the concurrence of the City, repayment from other benefiting property owners
through a reimbursement district.
31. In the event the Federal Govemment adopts ADA standards for street rights-of-way which are
in conflict with the standards and approvals contained herein, all such approvals conflicting with those
standards shall be updated to reflect those standards. Unless otherwise required by federal law, City
ADA standards may be considered vested, as determined by Federal regulations, only after
construction has commenced.
32. Prior to approval of any final map that requires the construction of Santa Madera Avenue
between Telegraph Canyon Road and Morgan Hill Drive ("Temporary Roadway"), in order to access
the final map property, the developer shall accomplish the following:
a. Obtain all permits and agreements with the environmental regulatory agencies required
to construct the "Temporary Roadway".
b. Obtain a construction permit from the City approving the necessary modifications to
the existing improvements in Telegraph Canyon Road including the provision of a fully
activated traffic signal as directed by the City Engineer.
c. Create and implement a financing plan where the developer agrees to:
I. Perform the following:
a. Restore the median improvements and remove the traffic signal as
directed by the City Engineer to provide only right-in/right-out access
at said intersection. This work shall be performed at such time as La
Media Road between Telegraph Canyon Road and East Palomar Street
is opened for public use.
b. Remove to the satisfaction of the City Engineer the remaining
"Temporary Roadway" improvements required to close said
intersection , at such time as a permanent road connecting Filmore
Street in Village One to East Orange Avenue is opened for public use.
2.
Restore the Telegraph Canyon Road improvements and regrade the area to be
consistent with the streetscape of Telegraph Canyon Road and the drainage
channel as directed by the City Engineer and Director of Parks and Recreation.
3.
Install signs as directed by the City Engineer, indicating that the "Temporary
Roadway" will be closed once the permanent road connecting Filmore Street in
Village One to East Orange Avenue is opened for public use.
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4. Provide a Notice in any residential disclosure document that the "Temporary
Roadway" will be closed once the permanent road connecting Filmore Street in
Village One to East Orange Avenue is opened for public use.
5. Provide security acceptable to the City, in the amount determined by the City
Engineer to guarantee the following:
a. Restoration of the median improvements and removal of the traffic
signal required to provide only right-in/right-out access at said
intersection. Said bonds shall be provided prior to approval of the final
map requiring the construction of La Media Road between Telegraph
Canyon Road and East Palomar Street.
b. Removal of the remaining temporary improvements required to close
said intersection and restoration of the area as directed by the City
Engineer and Director of Parks and Recreation. Said bonds shall be
posted prior to approval of the final map for Village One Core or any
unit thereof
6. Provide for all costs associated with the vacation of the "Temporary Roadway"
33. As part of the improvement plans associated with the first final "B" Map which triggers the
construction of Paseo Ranchero, La Media or Santa Paula Drive provide the necessary modifications
to the applicable existing traffic signals including interconnect wiring at the following intersections:
a. Telegraph Canyon Road at St. Claire Drive
b. Telegraph Canyon Road at Otay Lakes Road
c. Telegraph Canyon Road at Paseo Ranchero
Install underground improvements, standards and luminaries with construction of street
improvements and install mast arms, signal heads and associated equipment as determined by
the City Engineer.
34. Include the right of way for the proposed "Temporary Roadway" (Santa Madera Avenue
between Telegraph Canyon Road and Morgan Hill Drive) in a separate lot. In the appropriate final
"B" Map, as determined by the City Engineer, grant said lot in fee to the City for open space,
transportation, and other public uses.
3 5. Guarantee the construction and enter into an agreement to construct, prior to the approval of
any final "B" Map for Neighborhoods R-15, 16, 17, 18, 19, CPF-l, 2, 3, C-l or 2 or any unit thereof,
the construction of a permanent public road connecting Filmore Street in Village One to East Orange
Avenue as depicted on the Tentative Map. This road shall have a right-of-way width of 40 feet and be
designed and constructed to City standards for residential streets except that it shall have a width (curb
to curb) of 26 feet and sidewalk only on one side.
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36. Provide (1) twenty feet setback on driveways from property line to garage and (2) sectional
roll-up type garage doors at all properties fronting on streets where cul-de-sacs are 150 feet or less in
length except as provided for in the Planned Community District Regulations or approved by the City
Engineer and the Planning Director.
37. Not install privately owned water, reclaimed water, or other utilities crossing any public street.
This shall include the prohibition of the installation of sleeves for future construction of privately owned
facilities. The City Engineer may waive this requirement if the following is accomplished:
a. The developer enters into an agreement with the City where the developer agrees to
the following:
1. Apply for an encroachment permit for installation ofthe private facilities within
the public right-of-way.
2. Maintain membership in an advance notice such as the USA Dig Alert Service.
3. Mark out any private facilities owned by the developer whenever work is
performed in the area.
The terms of this agreement shall be binding upon the successors and assigns of the
developer.
b. Shutoff devices as determined by the City Engineer are provided at those locations
where private facilities traverse public streets.
38. Grant on the final "B" Map containing the paseo between Neighborhoods R-8 and R-9 a 60-
wide easement for street right-of-way and other public purposes. The paseo improvements shall be
constructed within said easement. Prior to approval of the same final map the developer shall
accomplish the following:
a. Guarantee the construction of the paseo improvements (if public) as directed by the
Director of Planning, Director of Parks and Recreation, and City Engineer.
b. Enter into an agreement with the City where the developer agrees to construct street
improvements for vehicular access within the 60-foot easement in accordance with
improvement plans approved by the City Engineer if vehicular access is needed in the
future.
39. Include in separate lots the right-of-way required to accommodate the future grade separation
at the intersections of (1) Telegraph Canyon and Otay Lakes Road, and (2) East Orange Avenue and
Paseo Ranchero. These lots shall be granted in fee to the City for Open Space, transportation, and
other public purposes on the appropriate final "B" Map, as determined by the City Engineer.
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40. Residential Street Condition A as denoted on the cover page of the tentative map is the
preferred section and shall be implemented on all residential streets, excluding the alley product,
unless otherwise approved by the City Engineer and Planning Director.
41. The applicant shall submit a conceptual design for the bridge connections between Village
One and Village Five which indicates materials, height, location, etc. Said design plan shall be
reviewed and approved by the Planning Director prior to approval of the final "B" Map that
requires construction of La Media Road between East Palomar Street and East Orange Avenue.
42. Requested General Waivers I, 2 and 3 and Specific Waiver 3, as indicated on the cover
sheet of the tentative map, are hereby approved. Specific Waivers I and 2 are approved subject
to the condition that one-way circulation be provided at the north-south streets adjacent to parks
P-4 and P-5, unless otherwise approved by the City Engineer.
43. The applicant shall submit and obtain approval from the City Engineer and the Planning
Director of a final conceptual design of the proposed traffic circles prior to approval of the first
final "B" Map. The developer shall submit striping, signage and landscape plans for all traffic
circles indicated on the tentative map. In the event the traffic circles are not approved, some type
of alternative enhanced landscaping and/or entry statement at those intersections, acceptable to
the City Engineer and the Planning Director, shall be identified prior to approval of the first final
"B"Map.
44. Unless otherwise approved by the City Engineer, the developer shall provide sewer stubs
extending to the easterly subdivision boundary of Village One at the following locations: (1) all
the street stubs proposed along said boundary, and (2) at those locations where right-of-way
dedication is required to extend Carmel Avenue, Santa Lucia Road, Santa Flora Drive, Gold Run
Road, Applegate Street, Livingston Avenue and Grayson Court to said subdivision boundary.
45. Prior to approval of the first final "B" Map the developer shall submit and obtain the
approval of the City Engineer of a design study of the connection of the sewerline shown on the
tentative map as ending at the northerly end of Gold Run Road to an approved public sewer
system.
46. Right-of-way for the light rail transit line shall provide for spiral curves as required by
MTDB and approved by the City Engineer.
GRADING AND DRAINAGE
47. Provide a setback, as determined by the City Engineer, between the property lines of the
proposed lots and the top or toe of any slope to be constructed where the proposed grading
adjoins undeveloped property or property owned by others. The City Engineer shall not approve
the creation of any lot that does not meet the required setback.
The developer shall submit notarized letters of permission to grade for all off-site grading.
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48. Submit a list of proposed lots with the appropriate grading plan indicating whether the
structure will be located on fill, cut or a transition between the two situations unless otherwise
approved by the City Engineer.
49. Comply with all the provisions of the National Pollutant Discharge Elimination System
(NPDES) and the Clean Water Program.
50. Provide runoff detention basins or any other facility approved by the City Engineer to reduce
the quantity of runoff from the development to an amount equal to or less than the present 1 DO-year
frequency runoff.
51. Provide "as built" improvement and storm drain plans in DXF file format to the satisfaction of
the City Engineer.
52. Grant on the appropriate final "B" Map a 15 feet minimum drainage and access easement for
stormdrain lines located between residential units unless otherwise directed by the City Engineer. All
other easements shall meet City standards for required width.
53. Prior to approval of (1) the first final "B" Map or grading permit for land draining into the
Poggi Canyon or (2) the first final "B" Map or grading permit which requires construction of Santa
Madera between Telegraph Canyon Road and Morgan Hill Drive ("Temporary Roadway"), the
developer shall:
a. Guarantee the construction of the applicable drainage facility, as follows:
1. Runoff detention/desilting basin and naturalized channel in Poggi Canyon; or
2. Runoff detention Basin in Telegraph Canyon Channel
The City Engineer may approve that these facilities are constructed at a later time if the
developer provides private temporary runoff detention basins or other facilities,
approved by the City Engineer, which would reduce the quantity of runoff from the
development to an amount equal to less than the present 100 year flow. Said
temporary facilities shall comply with all the provisions of the National Pollutant
Discharge Elimination System (NPDES) and the Clean Water Program. Prior to
issuance of any grading permit which approves any temporary facility, the developer
shall enter into an agreement with the City to guarantee the adequate operation and
maintenance (0 & M) of said facility. The developer shall provide security satisfactory
to the City to guarantee the 0 & M activities, in the event said facilities are not
maintained to City standards as determined by the City Engineer.
The developer shall be responsible for obtaining all permits and agreements with the
environmental regulatory agencies required to perform this work.
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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 applicable facilities. Said
program shall be subject to approval of the City Engineer, the Director of Parks and
Recreation, and the applicable environmental agencies.
c. Enter into an agreement with the City of Chula Vista and the applicable environmental
agencies (Fish and Game, Fish and WIldlife) wherein the parties agree to implement the
maintenance program.
d. Enter into an agreement with the City where the developer agrees to the. following:
I. Provide for the maintenance of the proposed detention basin in Telegraph
Canyon and the proposed naturalized channel and detention basin in Poggi
Canyon until such time as maintenance of such facilities is assumed by the City
or an open space district.
2. Provide for the removal of siltation in the Telegraph and Poggi Canyon
Channels (including detention basins) until all upstream grading within the
development is completed and erosion protection planting is adequately
established as determined by the City Engineer and Director of Parks and
Recreation.
3. Provide for the removal of any siltation in the Telegraph and Poggi Canyon
Channels (including detention basins) attributable to the development for a
minimum period offive years after maintenance of the facility is assumed by the
City or an open space district.
54. Enter into an agreement with the City, prior to approval of the first final uB" Map or grading
permit for land draining into the existing Telegraph Canyon Channel, where the developer agrees to
perform the following activities within the portion of said existing channel extending from Paseo
Ladera to the eastern subdivision boundary:
a. Provide for the removal of siltation until all upstream grading within the development is
completed and erosion protection planting is adequately established as determined by
the City Engineer and Director of Parks and Recreation.
b. Provide for the removal of any siltation attributable to the development for a minimum
period of five years after maintenance of the channel is assumed by the City or an open
space district.
55. Ensure that brow channels and ditches emanating from and/or running through City Open
Space are not routed through private property and vice versa.
56. Provide a graded access (12 feet minimum width) and access easements as required by the City
Engineer to all public storm drain structures including inlet and outlet structures. 1mproved access as
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determined by the City Engineer shall be provided to public drainage structures located in the rear yard
.of any residentiallat.
57. Provide a protective fencing system around (1) the proposed detentian basins at Telegraph
Canyan and Paggi Canyan, and (2) inlets and .outlets .of starm drain structures, as directed by the City
Engineer. The final design and types .of canstructian materials shall be subject ta approval .of the
Directar .of Planning and the City Engineer.
58. Designate all drainage facilities draining private property ta the paint .of cannectian with public
facilities as private.
59. Pravide a 6 inch thick cancrete access road ta the battam .of the propased detentian basins.
This access shall have a minimum width of 12 feet, a maximum slape .of 8%, and a heavy broom finish
an the ramp as directed by the City Engineer.
60. Obtain a Letter of Map Revisian (LOMR) fram the Federal Emergency Management Agency
revising the current Natianal Flaod Insurance Program maps .of the Telegraph Canyan Channel ta
reflect the effect .of the propased drainage improvements. The LOMR shall be campleted prior ta
acceptance by the City .of the propased detentian facility.
61. Provide graded maintenance access roads alang bath sides .of the propased ansite and .off site
partians .of the Paggi Canyan Channel. The width .of said roads shall be 12 feet unless .otherwise
approved by the City Engineer. The final dimensians and lacatian .of the access raads shall be as
determined by the City Engineer.
62. Obtain, priar ta appraval of the first final "B" Map, the approval .of the Directar .of Public
Warks ta any amendment necessary ta make the Master Drainage plan consistent with the appraved
Tentative Map.
63. Priar ta the installatian .of the regianal trail, install a fence alang thase portians .of (1) the
existing maintenance access roads alang the Telegraph Canyan Channel and (2) the propased
maintenance access roads .of the Poggi Canyan Channel, which are propased ta be incarparated inta
the Regianal Trail System. The fence shall be erected .only at thase lacatians where its installatian will
nat interfere with the narmal channel maintenance. The specific lacatians where the fence will be
allawed and the fence details shall be as determined by the City Engineer and Directar of Parks and
Recreatian
64. Prepare and .obtain approval by the City Engineer, Director of Planning, and Directar .of Parks
and Recreatian .of an erosion and sedimentatian cantrol plan and landscape/irrigatian plans as part .of
the grading plans
65. Landfarm grading, similar to what has been propased alang Telegraph Canyon Raad and
cansistent with City p.olicy, shaH be implemented adjacent t.o aH .off-site major roads.
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66. 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.
67. Prior to the approval of the grading plans proposing the grading of the area that would
accommodate the future grade separated intersections at East Orange A venue/Paseo Ranchero
and Telegraph Canyon Road/Otay Lakes Road, the developer shall submit a design study,
acceptable to the City Engineer, of the grading required for said grade separated intersections.
68. The grading plans for the intersection at East Orange Avenue/Paseo Ranchero shall
include a partial grading of the area that would accommodate the eastbound on-ramp and off-
ramp and the westbound on-ramp of the future grade separated intersection. The elevations and
extent of the required grading shall be determined by the City Engineer to: (I) allow in the future
the construction of any additional grading necessary for the ultimate intersection configuration,
and (2) construct the Poggi Canyon Channel at its ultimate location.
69. Prior to approval of the grading and/or improvement plans proposing the construction of
the culvert under La Media Road at the crossing with the Telegraph Canyon Channel, the
developer shall submit a study acceptable to the City Engineer demonstrating that the proposed
culvert will be capable of handling the design flow in the event said culvert needs to be extended
in the future in conjunction with the grading for a grade separated intersection at Telegraph
Canyon Road/Otay Lakes Road.
SEWER
70. Provide an improved access road with a minimum width of 12 feet to all sanitary sewer
manholes. The roadway shall be designed for an H-20 wheel load or other loading as approved by the
City Engineer.
71. Grant on the appropriate final "B" Map a 20 feet minimum sewer and access easement for
sewerlines located between residential units unless otherwise directed by the City Engineer. All other
easements shall meet City standards for required width.
PARKS/OPEN SP ACE/WILDLIFE PRESERV A nON
General
72. The SPA one project shall satisfY the requirements of the Park Land Dedication Ordinance
(PLDO). The ordinance establishes a requirement that the project provide three (3) acres oflocal
parks and related improvements per I, 000 residents. Local parks are comprised of community
parks and neighborhood parks. Pedestrian parks are an integral component of the plan and shall
receive partial park credit as defined below. A minimum of two thirds ( 2 acresll ,000 residents)
of local park requirement shall be satisfied through the provision of turn-key neighborhood and
pedestrian parks within SPA One. The remaining requirement (I acrell, 000 residents) shall be
satisfied through the payment offees.
73. All local parks shall be consistent with the SPA One PFFP and shall be installed by the
Applicant. A construction schedule, requiring all parks to be completed in a timely manner, shall
be approved by the Director of Parks and Recreation.
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74. All local parks shall be designed and constructed consistent with the provisions of the
Chula Vista Landscape Manual and related Parks and Recreation Department specifications and
policies.
75. The applicant shall enter into a Chula Vista standard three party agreement with the City
of Chula Vista and design consultant( s), for the design of all aspects of the neighborhood and
community parks in accordance with the Master Plan whereby the Parks and Recreation Director
selects the design consultant(s), to be funded by the applicant. The cost for the consultant(s) shall
be established and said amount deposited into an account prior to any work being initiated by the
consultant. The agreement shall include, but not be limited to, master planning, design
development phase, construction document phase and construction supervision phase for the park
sites. The construction documents shall reflect the then current requirements of the City's
Code/Landscape Manual requirements.
76. The Applicant shall receive surplus park credit to the extent the combined park credit for
neighborhood parks, pedestrian parks, the town square park and the community park exceeds the
3 acres per 1,000 residents standard. This surplus park credit may be utilized by the Applicant to
satisfy local park requirements in future SPAs.
77. The Applicant and the City shall mutually agree on a PAD fee reimbursement schedule in
coordination with the adopted construction schedule. Milestones will be established for partial
reimbursement during the construction process. The City may withhold up to 20% of the park
construction funds until the park has been completed and accepted. Reimbursement of PAD fees
shall include the interest accrued by the City on said PAD fees minus the City's cost of processing
and administering this reimbursement program.
78. Grant in fee all designated public park lands at such time as is necessary to implement the
requirements of the PLDO and the PFFP.
79. Pedestrian Parks (also known as mini-parks): Pedestrian parks less than five acres, as
identified in the SPA One Plan, shall be maintained by a funding entity other than the City's
General Fund. Pedestrian parks shall receive a minimum of 25% and a maximum of 50% park
credit, as determined by the Director of Parks and Recreation pursuant to the City wide small
park credit criteria which shall be approved by the City Council.
80. Neighborhood Parks:
a. In addition to those PAD fees required by Condition #81, the Applicant shall pay PAD
fees based on a formula of 2 acres per 1,000 residents for the first 500 dwelling units. In the
City's sole discretion, PAD fees may be required for units in excess of the first 500 dwelling units,
or in the alternative:
b. Prior to the approval of the first final map which creates residential lots ("B" Map), the
applicant shall enter into a supplemental agreement where the applicant agrees to construct the
first neighborhood park in SPA One, in a location determined by the Director of Parks and
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Recreation, no later than issuance of the building permit for the SOOth dwelling unit. The
agreement shall also provide the following:
I. The level of amenities required in the first phase of construction of the first
neighborhood park shall be determined by the Director of Parks and Recreation in conjunction
with the park master planning effort required by the City of Chula Vista Landscape Manual. Said
level of amenities shall be equivalent to five acres of neighborhood park improvements as
described in the PLDO ordinance and the Park Master Plan as approved by the Director of Parks
and Recreation. The applicant shall complete construction of the first phase of the first
neighborhood park within six (6) months of commencing construction of said park.
2. Prior to issuance of the building permit for the llSOth dwelling unit, the
Director of Parks and Recreation shall determine the level of amenities required for the second
phase of construction of this park consistent with the PLDO and the Park Master Plan, or in lieu
of the second phase, require the construction of another neighborhood park at a different location.
3. At no time following completion of construction of the first phase of the first
neighborhood park shall there be a deficit in "constructed neighborhood park" based upon 2
acresll,OOO residents. Applicant shall agree that the City may withhold the issuance of building
permits should said deficit occur. For purposes of this condition, the term "constructed
neighborhood park shall mean that construction of the park has been completed and accepted by
the Director of Parks and Recreation as being in compliance with the Park Master Plan, but prior
to the mandatory 9-12 month maintenance period. This condition is not intended to supersede
any of the City's maintenance guarantee requirements.
4. The Applicant shall receive reimbursement of PAD fees, proportionate to what
has been constructed, should they deliver a turn-key park which has been constructed in
accordance with the Parks Master Plan.
c. The applicant shall grant to the City, at the "A" Map stage, an irrevocable offer of
dedication for all neighborhood parks shown on the Tentative Map.
81. Community Parks:
a. Prior to approval of each final "B" Map the Applicant shall pay PAD fees for the
Community Park based upon a formula of I acre per I, 000 residents, until such time as a turn-
key facility has been accepted by the Director of Parks and Recreation. Said turn-key facility is
subject to the reimbursement mechanism set forth below.
b. The first Otay Ranch Community Park, to satisfy SPA One demand, shall be located in
Village 2 as identified in the GDP.
c. The Applicant shall identify the relocation, if any, of the Village 2 Otay Ranch
Community Park prior to issuance of the building permit for the I, ISOth dwelling unit. Said
relocation may require an amendment to the Otay Ranch General Development Plan.
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d. Notwithstanding that the community park requirement (1 acre/I,OOO residents) shall be
satisfied through the payment of PAD fees, the Applicant shaH commence construction of the first
phase of the Community Park prior to issuance of the building permit for the 2,650th dweHing
unit. The first phase of construction shaH include, but not be limited to, improvements such as a
graded site with utilities provided to the property line and an aH weather access road acceptable to
the Fire Department.
e. The Applicant shaH commence construction of the second phase of the Community
Park prior to issuance of the building permit for the 3, OOOth dwelling unit. Second phase
improvements shall include recreational amenities as identified in the Park Master Plan.
f. The Community Park shaH be ready for acceptance by the Director of Parks and
Recreation for maintenance prior to issuance of the building permit for the 3,900th dwelling unit.
g. If the Director of Parks and Recreation determines that it is not feasible for the
Applicant to commence construction of the first phase improvements of the community park prior
to issuance of the building permit for the 2,650th unit, then the Director of Parks and Recreation
shaH have the option to utilize the PAD fees for said improvements, or to construct another park
facility, east of the I-80S Freeway within an acceptable service radius of SPA One, as set forth in
the GDP.
h. The Applicant shall provide a maintenance period of 9-12 months in accordance with
the City of Chula Vista Parks and Recreation Department policy.
i. The Applicant shall receive reimbursement of PAD fees, proportionate to what has been
constructed, excluding the cost of construction of the aH weather access road, for the community
park should they deliver a turn-key facility to the City in accordance with the Community Park
Master Plan.
82. Trails/Open Space:
a. All trails shall connect to adjoining existing and/or proposed trails in neighboring
development projects, as determined by the Director of Parks and Recreation.
b. The two connector trails from Neighborhoods R-24 and R-25 in Village Five to
Telegraph Canyon Road shaH be combined into one trail in Open Space Lot 37 and shaH connect
to the regional trail in one location.
c. The maximum gradient for connector trails shaH be.10%. Steeper grades of up to 12%
for short runs of 50 feet may be permitted subject to the approval by the Parks and Recreation
Director.
d. The graded section upon which the connecting trails are constructed shaH be 10 feet in
width Six feet shaH be provided for the trail bed, with a 2 foot graded shoulder on either side.
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e. Landscape and irrigation plans for the transit right-of-way shall be reviewed and
approved by the Parks and Recreation Director in conjunction with the landscape plans for East
Palomar Street.
83. Community Gardens:
a. Community Gardens shall be consistent with the guidelines in the SPA One Parks,
Recreation, Open Space and Trails Master Plan, including creation of the Community Garden
Committee and their responsibilities.
b. Water lines shall be stubbed from the nearest open space water meter to the site(s) in
order to facilitate development of the Community Gardens.
c. Community Garden sites shall be consistent with those identified on the tentative map.
d. Maintenance of Community Gardens shall be funded by an Open Space Maintenance
District, Homeowner's Association or other funding mechanism approved by the Director of
Parks and Recreation and the City Engineer.
e. Community Gardens shall not receive park credit.
OPEN SPACE/ASSESSMENTS
84. Prior to the approval of the first final "B" Map, the developer shall:
a. Submit and obtain approval of the SPA One Open Space Master Plan from the
Director of Parks and Recreation. The Open Space Master Plan shall be based upon
the approved Concept and Analysis Plan, the requirements of which are outlined in the
City of Chula Vista Landscape Manual and include but are not limited to elements such
as final recreational trail alignments and fencing and phasing.
b. Request the formation of an Open Space District pursuant to the 1972 Landscaping
and Lighting Act for the Otay Valley Parcel of the Otay Ranch. This district formation
shall be submitted to Council for consideration prior to approval of the first final "B"
Map. Maintenance of the open space improvements shall be accomplished by the
developer for a minimum period of one year or until such time as accepted into the
open space district by the Director of Parks and Recreation. If Council does not
approve the open space district formation, some other financing mechanism shall be
identified and submitted to Council for consideration prior to approval of the first final
map.
c. Submit evidence acceptable to the City Engineer and the Director of Parks and
Recreation of the formation of a Master Homeowner's Association (MHOA) which
includes all the properties within the approved tentative map prior to approval of the
first "A" Map. The MHOA shall be responsible for the maintenance of the
improvements listed below. The City Engineer and the Director of Parks and
Recreation may require that some of those improvements be maintained by the Open
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Space District. The final detennination of which improvements are to be included in
the Open Space District and those to be maintained by the MHOA shall be made
during the Open Space District Proceedings. The MHOA shall be structured to allow
annexation of future tentative map areas in the event the City Engineer and Director of
Parks and Recreation require such annexation of future tentative map areas. The
MHOA formation documents shall be approved by the City Attorney.
d. Submit a list of all Otay Ranch SPA One facilities and other items to be maintained by
the proposed district. Separate lists shall be submitted for the improvements and
facilities to be maintained by the Open Space District and those to be maintained by a
Master Homeowner's Association. Include a description, quantity and cost per year for
the perpetual maintenance of said improvements. These lists shall include but are not
limited to the following facilities and improvements:
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1.
All facilities located on open space lots to include but not be limited to: walls,
fences, water fountains, lighting structures, paths, trails, access roads, drainage
structures and landscaping. Each open space lot shall also be broken down by
the number of acres of turf, irrigated, and non-irrigated open space to aid in the
estimation of a maintenance budget thereof.
2.
Medians and parkways along East Orange Avenue (onsite and offsite), Paseo
Ranchero, La Media Road, East Palomar Street (onsite and off site) and all
other street parkways proposed for maintenance by the open space district or
Homeowners' Association.
3.
The proposed detention basin in Telegraph Canyon and the fair share of the
maintenance of the existing naturalized Telegraph Canyon Channel east of
Paseo Ladera as determined by the City Engineer based on the proportional
benefit received from the improvements. This includes but is not limited to the
cost of maintenance and all costs to comply with the Department of Fish and
Game and Corps of Engineers pennit requirements.
4.
The proposed detention basin and natura1ized channel in Poggi Canyon. This
includes but is not limited to the cost of maintenance and all cost to comply
with the Department of Fish and Game and the Corps of Engineers pennit
requirements.
5.
Community Gardens
6.
Pedestrian Bridges.
7.
The proportional share of the maintenance of the median and parkways along
that portion of Telegraph Canyon Road adjoining the development as
detennined by the City Engineer.
Attachment 2 --. Vii 1 & I A
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I \-1/ ~
8. All proposed facilities and improvements (excepting street improvements)
within the 60-foot wide easement to be dedicated to the City for right-of-way
at the following locations: (1) between Neighborhoods R-8 and R-9, and (2) at
the proposed connection to EastLake Parkway (between the two Otay Water
District Parcels.
d. Submit an initial deposit of $15,000 to begin the process of formation of the open
space district. All costs off ormation and other costs associated with the processing of
the open space relating to this project shall be borne by the developer.
e. Provide all the necessary information and materials (e.g., exhibits, diagrams, etc.) as
determined by the City Engineer to prepare the engineer's report for the proposed open
space district.
85. Include in the CC&Rs, if applicable, the obligation of the Homeowners' Association to
maintain all the facilities and improvements within the open space lots rejected by the City prior to the
approval of the final map containing said lots.
86. Grade a level, clear area at least three feet wide (face of wall to top of slope), along the length
of any wall abutting an open space district lot, as measured from face-of-wall to beginning of slope,
said area as approved by the City Engineer and the Director of Parks and Recreation.
87. Ensure that all buyers oflots adjoining open space lots containing walls maintained by the open
space district sign a statement, when purchasing their homes, stipulating that they are aware that the
walls are on City property and that they shall not modify or supplement the wall or encroach onto City
property. These restrictions shall also be incorporated in the CC&Rs for each lot.
88. Agree to not protest formation or inclusion in a maintenance district or wne for the
maintenance of landscaped medians and scenic corridors along streets within and adjacent to the
subject subdivision.
89. Grant in fee to the City on the appropriate final map, all open space lots shown on the tentative
map and execute and record a deed for each of the lots to be maintained by the City through the open
space district. Provide on the final map a certificate, pursuant to section 66477.2(a) ofthe Subdivision
Map Act, rejecting those open space lots to be maintained by the Homeowner's Association.
90. Provide documentation, prior to the approval of the first final "B" Map, to the Director of
Planning and the City Engineer that an annexable Mello-Roos District, or other financing mechanism
approved by the Sweetwater High School District and the Chula Vista Elementary School District has
been established to provide for construction of schools.
91. Fund the revision of the Public Facilities Development Impact Fee (PFDIF) Program, which
shall be prepared by the City, as directed by the City Manager or his designee, and approved by the
City Council prior to approval of the first final "8" Map. The developer shall receive 100% credits
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towards future PFDIF fees for funding this update. Provide a deposit of $20,000 to begin this process.
All cost of revising the PFDIF shall be borne by the developer.
92. Prior to issuance of any grading permit which includes Landscaping and Irrigation (L & I)
improvements to be installed in an open space lot to be maintained by the open space district, the
developer shall place a cash deposit with the City which will guarantee the maintenance of the L & I
improvements, prior to City acceptance of said improvements, in the event the improvements are not
maintained to City standards as determined by the City Engineer and the Director of Parks and
Recreation. The amount of the deposit shall be equivalent to the estimated cost of maintaining the
open space lots to City standards for a period of six months as determined by the City Engineer. Any
unused portion of said deposit could be incorporated into the open space district's reserve at such time
as the maintenance of the open space lot is assumed by the open space district.
WATER
93. Provide to the City a letter from Otay Municipal Water District indicating that the
assessmentslbonded indebtedness for all parcels dedicated or granted in fee to the City have been paid
or that no assessments exist on the parcel(s).
94. Present verification to the City Engineer in the form of a letter from Otay Water District that
the subdivision will be provided adequate water service and long term water storage facilities.
EASEMENTS
95. Grant to the City a 10' wide easement for general utility purposes along public street frontage
of all open space lots offered for dedication to the City unless otherwise approved by the City
Engineer.
96. Indicate on the appropriate "B" Map a reservation of easements to the future Homeowners'
Association for private storm drain and private sewer facilities within open space lots as directed by the
City Engineer.
97. Obtain, prior to approval of any final B" Map, all off-site right-of-way necessary for the
installation ofthe required improvements for that subdivision thereto. The developer shall also provide
easements for all on-site and off-site public drainage facilities, sewers, maintenance roads, and any
other public facilities necessary to provide service to the subject subdivision.
98. NotifY the City at least 60 days prior to consideration of the final map by City if off-site right-
of-way cannot be obtained as required by the Conditions of approval. (Only off-site right-of-way or
easements affected by Section 66462.5 of the Subdivision Map Act are covered by this condition.)
After said notification, the developer shall
a. Pay the full cost of acquiring off-site right-of-way or easements required by the
Conditions of Approval of the tentative map.
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b. Deposit with the City the estimated cost of acquiring said right-of-way or easements.
Said estimate to be approved by the City Engineer.
c. Have all easements and/or right -of-way documents and plats prepared and appraisals
complete which are necessary to commence condemnation proceedings as detennined
by the City Attorney.
d. Request that the City use its powers of Eminent Domain to acquire right-of-way,
easements or licenses needed for off-site improvements or work related to the final
map. The developers shall pay all costs, both direct and indirect incurred in said
acquisition.
The requirements of a, b, and c above shall be accomplished prior to the approval of the
appropriate Final Map.
99. Grant easements to subsequent owners pursuant to Section 18.20.150 of the City Code on any
final map that proposes private utilities or drainage facilities crossing property lines as directed by the
City Engineer.
100. Grant to City on the appropriate final "B" Map two foot access easements along the rear and
side property line oflots adjoining walls to be maintained by the open space district. The locations of
these easements shall be as required by the Director of Parks and Recreation and the City Engineer to
provide adequate access for maintenance of said walls.
AGREEMENTS!FINANCIAL
101. Enter into a supplemental agreement with the City, prior to approval of each final "B" Map,
where the developer agrees to the following:
a. That the City may withhold building pennits for the subject subdivision if anyone of
the following occur:
1. Regional development threshold limits set by the adopted East Chula Vista
Transportation Phasing Plan have been reached.
2. Traffic volumes, levels of service, public utilities and/or services exceed the
threshold standards in the then effective Growth Management Ordinance.
3. The applicant does not comply with the terms of the Reserve Fund Program.
b. That the City may withhold building permits for any of the phases of development
identified in the Public Facilities Financing Plan (PFFP) for Otay Ranch SPA One if the
required facilities, as identified in the PFFP or as amended by the Annual Monitoring Program,
have not been completed.
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c. Defend, indemnify and hold harmless the City and its agents, officers and employees,
from any claim, action or proceeding against the City, or its agents, officers or employees to
attack, set aside, void or annul any approval by the City, including approval by its Planning
Commission, City Councilor any approval by its agents, officers, or employees with regard to
this subdivision provided the City promptly notifies the subdivider of any claim, action or
proceeding and on the further condition that the City fully cooperates in the defense.
d. Hold the City harmless from any liability for erosion, siltation or increased flow of
drainage resulting from this project.
e. Ensure that all franchised cable television companies ("Cable Company") are pennitted
equal opportunity to place conduit and provide cable television service to each lot on public
streets within the subdivision. Restrict access to the conduit to only those franchised cable
television companies who are, and remain in compliance with, all of the terms and conditions of
the franchise and which are in further compliance with all other rules, regulations, ordinances
and procedures regulating and affecting the operation of cable television companies as same
may have been, or may from time to time be issued by the City of Chula Vista.
f Include in the Articles of Incorporation or Charter for the Homeowners' Association
(HOA) provisions prohibiting the HOA from dedicating or conveying for public streets, land
used for private streets without approval of 100"10 of all the HOA members.
102. Enter into an supplemental agreement with the City prior to approval of the first final "B" Map,
where the developer agrees to the following:
a. Participate, on a fair share basis, in any deficiency plan or financial program adopted by
SANDAG to comply with the Congestion Management Program (CMP).
b. To not protest the formation of any future regional impact fee program or facilities
benefit district to finance the construction of correctional facilities.
103. At the time of approval of the first final "A" Map, and to be recorded concurrently with
the first final "A" Map, the applicant shall grant in fee three (3) acres of buildable land acceptable
to the City of Chula Vista within Village One of SPA One of the Otay Ranch in order to satisfy
the affordable housing implementation measure contained in the approved Otay Ranch GDP (ref
GDP; Section B.2, Pg. 242) and the terms of an existing agreement adopted by Resolution
#17737. In addition, said existing agreement, dated December 1, 1994, shall be amended to
permit the land dedication within Village One.
104. Prior to approval of the first "A" Map, or as otherwise determined by the Director of
Planning, within SPA One and consistent with the City's Housing Element, Ranch-Wide and SPA
One Affordable Housing Plans, the applicant shall enter into and execute with the City an
Affordable Housing Agreement ("SPA One Affordable Housing Agreement") containing, but not
limited to, the following provisions: (a.) The obligation to provide the total number of low and
moderate income units required under the City's Affordable Housing Program, based on the
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number of dwelling units contained within the Master Tentative Map for SPA One; (b.) Identify
the overall number of dwelling units within the Master Tentative Map for which the applicant can
receive final map approval prior to the applicant selecting and guaranteeing, to the City's
satisfaction, final affordable housing site( s); (c.) The number of dwelling units within the master
tentative map area which can receive building permit authorizations prior to the applicant
obtaining building permits for a specified number of the required low income units; and (d.) A
description of what information must be provided in subsequent Project Level Affordable Housing
Agreements. Upon its approval by the City, the terms and conditions of the SPA One Affordable
Housing Agreement shall become conditions of this resolution, and is hereby incorporated herein
by this reference..
105. The Applicant shall pay, prior to approval of the first "B" Map, their proportional share,
as determined by the Director of Parks and Recreation, of a collaborative study analyzing local
park needs for the area east of the 1-805 Freeway.
106. The Applicant shall enter into an agreement with the City, prior to approval of each final
"B" Map, where the applicant agrees to ensure that all insurance companies are permitted equal
opportunity to go out to bid to provide a Cooperative Homeowner's Insurance Program (CHIP).
1 07. LEFT BLANK INTENTIONALLY
108. Prior to the approval of the first final "B" Map, the developer shall submit and obtain
approval by the City Engineer of an "Improvement Phasing Schedule" which will identify the
timing of construction of all backbone facilities noted in the following table. The Improvement
Phasing Schedule shall be consistent with the PFFP.
ITEM TO BE INCLUDED IN PHASING FACILITY
SCHEDULE
* AcquisitionlDedication of offsite right of way East Palomar Street between Paseo Ranchero
*Construction offull street improvements and La Media Rd. and between La Media Rd.
and East Orange Ave.
* AcquisitionlDedication of the off site portions Paseos in Villages One and Five including the
of open space lots containing the paseos paseo between Neighborhoods R-8 and R-9
*Construction offull paseo improvements
*Payment of Telegraph Canyon Basin Drainage For areas covered by: backbone streets and all
DIF common areas which include, but are not
limited to: parks, schools, paseos and open
space lots
*Construction of pedestrian bridges Pedestrian bridge connecting Village One to
Village Five, Village One to Village Two and
Village Five to Village Six
*Removal of temporary improvements "Temporary Roadway" (Santa Madera Avenue
*Restoration of the area to original conditions between Telegraph Canyon Road and Morgan
Hill Drive
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'Construction offull street improvements Permanent public road connecting Filmore St.
to East Oranl!e Ave.
'Construction offull improvements Transit stop facilities in Villal!es One and Five
, AcquisitionlDedication of offsite drainage Poggi Canyon Channel (onsite and offsite) and
easement detention basin
'Construction and maintenance (prior to City
acceotance)
'Construction and maintenance (prior to City Telegraph Canyon Channel detention basin
acceotance)
, AcquisitionlDedication of offsite sewer Poggi Canyon Sewer Interceptor (onsite and
easement offsite)
'Upgrading of the existing Poggi Canyon
Interceptor required to accommodate C.Y.T.
96-04 flows
'Construction of the improvements required to
connect C.V.T 96-04 to the existing Poggi
Canvon sewer improvements (near 1-805)
'Installation of interconnect wiring Traffic signals along Telegraph Canyon Rd. at
the intersections with St. Claire Dr., Otay
Lakes Rd. and Paseo Ranchero
'Construction of full landscaping and irrigation Open space lots
improvements
'Construction of full trail improvements Rel!ional trail svstem
Security satisfactory to the City shall be provided for the above backbone facilities when their
construction is triggered as identified in the approved Improvement Phasing Schedule.
In addition to the foregoing, security satisfactory to the City shall be provided to guarantee the
construction of the following First Phase Backbone Facilities:
1.) One-half of the improvements in East Palomar Street between Paseo Ranchero and La
Media including the two full traffic circles in Village One prior to approval of the first "B" Map
for Village One.
2.) The remaining improvements in East Palomar Street within Village One at the time
the trigger point is reached in the PFFP for the corresponding "B" Map.
3.) Full improvements in East Palomar Street between La Media and East Orange Avenue
in Village Five at the time the trigger point is reached in the PFFP for the corresponding "B"
Map.
4.) Fair share of full improvements for the pedestrian bridge connecting Village One to
Village Five and fair share of one half of the improvements for the pedestrian bridges connecting
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Village One to Village Two and Village Five to Village Six, prior to the approval of the first final
"B"Map.
The amount of the security for the above noted improvements shall be 110% times a construction
cost estimate approved by the City Engineer if improvement plans have been approved by the
City, ISO% times the approved cost estimate if improvement plans are being processed by the
City or 200% times the construction cost estimate approved by the City Engineer if improvement
plans have not been submitted for City review. A lesser percentage may be required if it is
demonstrated to the satisfaction of the City Engineer that sufficient data or other information is
available to warrant such reduction.
SCHOOLS
109. Prior to the approval of the first final "B" Map, the applicant shall prepare and submit an
application for an amendment to the Otay Ranch General Development Plan replacing the Village
Seven High School location with a site in either the area west of Paseo Ranchero in Village One
or the northern portion of Village Two. The applicant shall enter into a supplemental agreement
prior to approval of the first final map in which applicant agrees to the following: The City shall
not issue building permits for more than 1,400 units within SPA One until the City has acted on
the proposed plan amendment unless the District consents to the further issuance of such permits.
The Applicant shall deliver to the School District a graded high school site including utilities
provided to the site and an all weather access road acceptable to the District prior to issuance of
the 2,6S0th building permit (S04 students) or upon written request by the District not prior to
1,800 permits. The all weather access road shall also be acceptable to the Fire Department. This
schedule is subject to modification by the School District as based on District facility needs.
11 o. The Applicant shall deliver to the School District, a graded elementary school site
including utilities provided to the site and an all weather access road acceptable to the District,
located within Village One, prior to issuance of the SOOth residential building permit (ISO
students). The all weather access road shall also be acceptable to the Fire Department. This
schedule is subject to modification by the School district as based on District facility needs.
III. The Applicant shall deliver to the School District, a graded elementary school site
including utilities provided to the site and an all weather access road acceptable to the District,
located within Village Five, prior to issuance of the 2,SOOth residential building permit (7S0
students). The all weather access road shall also be acceptable to the Fire Department. This
schedule is subject to modification by the School District as based on District facility needs.
112. The applicant shall deliver to the School District,.. a graded elementary school site
including utilities provided to the site and an all weather access road acceptable to the District,
located west of Paseo Ranchero, prior to issuance of the 4,500th residential building permit
(I,3S0 students). The all weather access road shall also be acceptable to the Fire Department.
This schedule is subject to modification by the School District as based on District facility needs.
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MISCELLANEOUS
113. Include in the Declaration of Covenants, Conditions and Restrictions (CC&Rs) provisions
assuring maintenance of all streets, driveways, drainage and sewage systems which are private. The
City of Chula Vista shall be named as party to said Declaration authorizing the City to enforce the
terms and conditions of the Declaration in the same manner as any owner within the subdivision. The
CC&R's shall also include language which states that any proposal by the HOA for dedication or
conveyance for public purposes ofland used for private streets will require prior written approval, in a
form approved by the City Attorney, of 100% of all the Homeowners' Association members.
114. Submit copies of Final Maps and improvement plans in a digital format such as (DXF) graphic
file prior to approval of each Final Map. Provide computer aided Design (CAD) copy of the Final Map
based on accurate coordinate geometry calculations and submit the information in accordance with the
City Guidelines for Digital Submittal in duplicate on 5-1/4" HD or 3-1/2" disks prior to the approval of
each Final Map.
115. Tie the boundary of the subdivision to the Califomia System -Zone V1 (1983).
116. Prior to approval of the first final map, the developer shall submit and obtain the approval
of the City of a master final map ("A" Map) over the entire tentative map area showing "super
block" lots corresponding to the units and phasing or combination of units and phasing thereof
Said "A" map shall also show the backbone street dedications and utility easements required to
serve the "super block" lots. All "super" block lots created shall have access to a dedicated public
street. Said "A" map shall not be considered the first map as indicated in other conditions of
approval unless said map contains single family lots or a subdivision of the multiple family lots
shown on the tentative map. A lot line adjustment, if utilized in accordance with City standards
and procedures, shall not be considered the first "A" Map.
The subsequent development of a multiple family lot which does not require the filing of a "B"
Map shall meet, prior to issuance of a building permit for that lot, all the applicable conditions of
approval of the tentative map, as determined by the City Engineer. Construction of non-backbone
streets adjacent to multiple family lots will not need to be bonded for with the final "A" Map
which created such lot. However, such improvements will be required to be constructed under
the Municipal Code provisions requiring construction of street improvements under the design
review and building permit issuance processes.
In the event of a filing of a final map which requires oversizing (in accordance with the restrictions
of state law and City ordinances) of the improvements necessary to serve other properties, said
final map shall be required to install all necessary improvements to serve the project plus the
necessary oversizing of facilities required to serve such other properties.
117. Signage shall be provided at Bouquet Canyon Drive and the pedestrian paseo in Village
Five and at Stanislaus Drive and the pedestrian paseo in Village One which alerts motorists to a
pedestrian mid-block crossing. A signage plan indicating the location and content of said signs
shall be reviewed and approved by the Planning Director prior to approval of the appropriate final
"B" Map, as determined by the Planning Director and City Engineer.
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Attadunent 2 --- Yil 1 & 1 A
Page 26
118. The Applicant shall secure approval of a Master Precise Plan for the Village One and
Village Five Core Areas, prior to submitting any development proposals for commercial, multi-
family and Community Purpose Facility areas within the SPA One Village Cores.
119. Pursuant to the provisions of the Growth Management Ordinance (Section 19.09 of the
CYMe) and the Otay Ranch General Development Plan (GDP), the Applicant shall complete the
following: (1.) Fund the preparation of an annual report monitoring the development of the
community of Otay Ranch. The annual monitoring report will analyze the supply of, and demand
for, public facilities and services governed by the threshold standards. An annual review shall
commence following the first fiscal year in which residential occupancy occurs and is to be
completed during the second quarter of the following fiscal year. The annual report shall adhere
to those guidelines noted on page 353, Section D of the GDP/SRP; and (2.) Prepare a five year
development phasing forecast identifYing targeted submittal dates for future discretionary
applications (SPAs and tentative maps), projected construction dates, corresponding public
facility needs per the adopted threshold standards, and identifYing financing options for necessary
facilities.
120. The owners of each Village shall be responsible for retalrung a project manager to
coordinate the processing of discretionary permit applications originating from the private sector
and submitted to the City of Chula Vista. The project manager shall establish a formal submittal
package required of each developer to ensure a high standard of design and to ensure consistency
with standards and policies identified in the adopted SPA Plan. The project manager shall have a
well rounded educational background and experience, including but not limited to land use
planning and architecture.
121. The applicant shall submit copies of any proposed C.C. and R's for review and approval by the
Director of Planning and the City Engineer prior to approval of each final "B" Map.
122. Fully accessible handicap access shall be provided at the ends of the following cul-de-sacs:
Artesia Street, Glendora Court, Calistoga Avenue, Monte Sereno Avenue, Antioch Avenue, Coalinga
Court, Westmoreland Street, Cordelia Street, Iowa Hill Court, Live Oak Street, Marion Court, Lodi
Court, Larkspur Court, Santa Lucia Road, Parker Mountain Road, Sheep Ranch, Meeks Bay Drive,
Harrills Mill Avenue and Volcano Creek Road.
Access via stairs shall be provided at the ends of the following cul-de-sacs: Stanislaus Drive, Amador
Street, Woodsford Court, Lockeport Court, Clovis Court, Millbrae Court, Mayfield Court, Cache
Creek Road, Jedediah Road, Kingsburg Avenue and Lassen Peak. Street
123. The CPF-2 site located within Village One, shall be considered a floating designation and shall
be located in Neighborhood R-15. Project design for this site will be submitted, reviewed and
approved by the Director of Planning concurrently with the Precise Plan for this area.
124. If developer desires to do certain work on the property after approval of the tentative map but
prior to recordation of the applicable final "B" Map, they may do so by obtaining the required
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Page 27
1(-122-
approvals and permits from the City. The permits can be approved or denied by the City in accordance
with the City's Municipal Code, regulations and policies. Said permits do not constitute a guarantee
that subsequent submittals (i.e., final "B" Map and improvement plans) will be approved. All work
performed by the developer prior to approval of the applicable "B" Map shall be at developer's own
risk. Prior to permit issuance, the developer shall acknowledge in writing that subsequent submittals
(i.e., final "B" Map and improvement plans) may require extensive changes, at developers cost, to
work done under such early permit. The developer shall post a bond or other security acceptable to
the City in an amount determined by the City to guarantee the rehabilitation of the land if the applicable
final "B" Map does not record.
PHASING
125. If the applicant modifies the SPA One approved phasing plan, the applicant shall submit to the
City a revised phasing for review and approval prior to approval of the first final ''B'' Map. The PFFP
shall be revised where necessary to reflect the revised phasing plan
126. If phasing is proposed within an individual map or through multiple final maps, the developer
shall submit and obtain approval for a development phasing plan by the City Engineer and Director of
Planning prior to approval of any final map. Improvements, facilities and dedications to be provided
with each phase or unit of development shall be as determined by the City Engineer and Director of
Planning. The City reserves the right to require said improvements, fucilities and/or dedications as
necessary to provide adequate circulation and to meet the requirements of police and fire departments.
The City Engineer and Planning Director may, at their discretion, modifY the sequence of improvement
construction should conditions change to warrant such a revision.
127. The Public Facilities Finance Plan or revisions hereto shall be adhered to for the SPA and
tentative map with improvements installed in accordance with said plan or as required to meet
threshold standards adopted by the City of Chula Vista. The PFFP identifies a facility phasing plan
based upon a set of assumptions concerning the location and rate of development within and outside of
the project area. Throughout the build-out of SPA One, actual development may differ from the
assumptions contained in the PFFP (i.e., the development ofEastLake lII). Neither the PFFP nor any
other SPA One document grant the Applicant an entitlement to develop as assumed in the PFFP, or
limit the SPA One's facility improvement requirements to those identified in the PFFP. Compliance
with the City of Chula Vista threshold standards, based on actual development patterns and updated
forecasts in reliance on changing entitlements and market conditions, shall govern SPA One
development patterns and the facility improvement requirements to serve such development. In
addition, the sequence in which improvements are constructed shall correspond to any future Eastern
Chula Vista Transportation Phasing Plan or amendment to the Growth Management Program and
Ordinance adopted by the City. The City Engineer may modify the sequence of improvement
construction, in compliance with City ordinances, should conditions change to warrant such a revision.
Concurrent with the approval of the first final map approved after the approval of the PFFP for the
EastLake III GDP Area, the applicant shall update, at the applicant's expense and subject to a
Reimbursement Agreement, the SPA 1 PFFP and agrees that the City Engineer may change the timing
of construction of public facilities including without limitation, the nature, sizing, extent and timing for
the construction of public facilities caused by SPA One, shall become a condition for all subsequent
SPA One entitlements, including tentative and final maps.
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CODE REQUIREMENTS
128. 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.
129. Underground all utilities within the subdivision in accordance with Municipal Code
requirements.
130. Pay the following fees in accordance with the City Code and Council Policy:
a. The Transportation and Public Facilities Development Impact Fees.
b. Signal Participation Fees.
c. All applicable sewer fees, including but not limited to_sewer connection fees.
d. Interim SR-125 impact fee
e. Telegraph Canyon Sewer Basin DIF.
f Poggi Canyon Sewer Basin DIF as may be adopted by the City in the future.
g. Telegraph Canyon Basin Drainage DIF.
h. Reimbursement District for Telegraph Canyon Road Phase 2 Undergrounding.
i. Otay Ranch Reserve Fund fee.
Pay the amount of said fees in effect at the time of issuance of building permits.
131. Comply with all relevant Federal, State, and Local regulations, including the Clean Water Act.
The developer shall be responsible for providing all required testing and documentation to demonstrate
said compliance as required by the City Engineer.
132. Ensure that prospective purchasers sign a ''Notice of Special Taxes and Assessments" pursuant
to Municipal Code Section 5.46.020 regarding projected taxes and assessments. Submit disclosure
form for approval by the City Engineer prior to Final Map approval.
133. Comply with Council Policy No. 570-03 if pump stations for sewer purposes are proposed.
134. Comply with Council Policy No. 522-02 regarding maintenance of natural channels within
open spaces.
13 5. The applicant shall comply with all aspects of the City of Chula Vista Landscape Manual.
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11- I u.t
136. The Applicant shall comply with Chapter 19.09 of the Chula Vista Municipal Code
(Growth Management) as may be amended from time to time by the City. Said chapter includes
but is not limited to: threshold standards (19.09.04), public facilities finance plan implementation
(19.09.090), and public facilities finance plan amendment procedures (19.09.100).
The applicant acknowledges that the City is presently in the process of amending its Growth
Management Ordinance to add a proposed Section 19.09.105, to establish provisions necessary to
ensure compliance with adopted threshold standards (particularly traffic) prior to construction of
State Route 125. Said provisions will require the demonstration, to the satisfaction of the City
Engineer, of sufficient street system capacity to accommodate a proposed development as a
prerequisite to final map approval for that development, and the applicant hereby agrees to
comply with adopted amendments to the Growth Management Ordinance.
137. Upon submittal of building plans for small lot single family (5,000 square feet or less as
defined in the City of Chula Vista Design Manual) residential development, plans shall clearly
indicate that 750 square feet of private open space will be provided.
138. The applicant shall apply for and receive a take permit from the appropriate resource
agencies or comply with an approved MSCP or other equivalent 10(a) permit applicable to the
property.
139. All proposed development shall be consistent with the Otay Ranch SPA One Planned
Community District Regulations.
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1/-/2-1
COMPARISON OF OTAY RANCH STREET CLASSIFICATIONS
TO CITY STREET CLASSIFICATIONS
FOR DETERMINATION O.F DESIGN STANDARDS TO BE UTILIZED IN
TENTATIVE MAP AND IMPROVEMENT PLAN PREPARATION
FOR OTAY RANCH USE DESIGN STANDARDS FOR CITY
CLASSIFICATION OF STREET CLASSIFICATION OF
Scenic Corridor Prime Arterial
Prime Aiterial Prime Arterial
Primary Village Entry Class I Collector .
Secondary Village Entry Class 11 Collector
Village Core . Class I Collector
Residential Promenade Class 11\ Collector
Core Promenade Residential .
Village Main Residential
.Village Plaza Residential
Residential A and B . Residential
Alley Alley Standards . .
Exhibit A
( 1- I Llp
Attachment 3
Village I
RESOLUTION No. 18398-3
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA ADOPTING THE SECOND ADDENDUM TO
AND RECERTIFYING FINAL ENVIRONMENTAL IMPACT
REPORT FEIR 95-01 (SCH #95021012) AND FIRST
ADDENDUM, READOPTING THE STATEMENT OF
OVERRIDING CONSIDERATIONS AND THE MITIGATION
MONITORING AND REPORTING PROGRAM FOR THE FEIR
AND APPROVING A REVISED TENTATIVE SUBDIVISION
MAP FOR PORTIONS OF THE OTAY RANCH SPA ONE,
CHULA VISTA TRACT 96-04, AND MAKING THE
NECESSARY FINDINGS AND CONTINUING ALTERNATIVE
TENTATIVE MAP PROPOSALS.
WHEREAS, the property which is the subject matter of this resolution is identified and
described on Chula Vista Tract 96-04 and is commonly known as Otay Ranch Sectional Planning Area
(SPA) One ("Property"), and;
WHEREAS, Village Development filed a duly verified application for the subdivision of the
Property in the form of the tentative subdivision map known as Otay Ranch SPA One, Chula Vista
Tract 96-04, with the Planning Department ofthe City ofChula Vista on December 6, 1995, and;
WHEREAS, Village Development filed a revised tentative subdivision map on August 9, 1996,
and;
WHEREAS, the revised application requested the approval for the revised subdivision of
approximately 819.6 acres located south of Telegraph Canyon Road between Paseo Ranchero and the
future alignment of SR-125 into 3,873 residential lots, 172.1 acres of open space, one 10-acre school
site and one 10-acre school site proposed in a yet to be determined location for the area west of Pas eo
Ranchero, 28 acres of neighborhood parks and 18.2 acres of community purpose facility lots, and;
WHEREAS, City staff has recommended that only the Village one portion of the proposed
tentative map owned by Village Development ("Project") be recommended for approval, as more
specifically set forth in the staff report, and;
WHEREAS, the development of the Property has been the subject matter of a General
Development Plan ("GDP") previously approved by the City Council on October 28, 1993 by
Resolution No 17298 and as amended on May 14, 1996 by Resolution No. 18285 ("GDP
Resolution") wherein the City Council, in the environmental evaluation of said GDP, relied in part on
1
11- 12,,/
the Otay Ranch General Development Plan, Environmental Impact Report No. 90-01, SCH #9010154
("Program EIR 90-01 "), and;
WHEREAS, the development of the Property has been the subject matter of a Sectional
Planning Area Plan ("SPA Plan") previously approved by the City Council on June 4, 1996 by
Resolution No. 18286 ("SPA Plan Resolution") wherein the City Council, in the environmental
evaluation of said SPA Plan, relied in part on the Otay Ranch SPA Plan Final Environmental Impact
Report No. 95-01, SCH # 95021012 ("FEIR 95-01"), and;
WHEREAS, this Project is a subsequent activity in the program of development
environmentally evaluated under Program EIR 90-0 I, FElR 95-0 I, and addendum thereto, 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
alternative tentative maps (including the Project's) and determined that they are in substantial
conformance with the SPA Plan and the related environmental documents and that the proposed
alternative tentative maps would not result in any new environmental effects that were not previously
identified, nor would the proposed alternative tentative maps result in a substantial increase in severity
in any environmental effects previously identified; therefore only an a Addendum to FElR 95-0 I is
required in accordance with CEQA, and;
WHEREAS, the Planning Commission held an advertised public hearing on the original
tentative map application on July 10, 1996, and another advertised public hearing on the Project on
August 14, 1996 at which time the Planning Commission voted to: (I) recertifY FEIR 95-01; (2)
readopt the Statement of Overriding Considerations and the Mitigation Monitoring and Reporting
Program; and (3) recommend that the City Council approve the Project in accordance with staff's
recommendation and the findings and conditions listed below; and
WHEREAS, the City Council set the time and place for a hearing on said tentative subdivision
rnap application and notice of said hearing, together with its purpose, was given by its publication in a
newspaper of general circulation in the City at least ten days prior to the hearing, and;
WHEREAS, a hearing was held at the time and place as advertised on August 20, 1996,
continued to September 10, 1996, continued again to September 17, 1996, continued again to October
22, 1996 and continued again to November 12, 1996 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 I. CEQA Finding re Previously Examined Effects.
The City Council hereby finds that the Project, as described and analyzed in the Program ElR 90-0 I,
FElR 95-01, and addendum thereto, would have no new effects that were not examined in the
preceding Program ElR 90-01 and FElR 95-01 (Guideline 15168 (c)(2)), and;
eelI12A3.DOC
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11-/'2-<6
SECTION 2. CEQA Finding re Project within Scope of Prior Program EIR.
The City Council hereby finds that:(1) there were no changes in the project from the Program EIR and
the FEIR which would require revisions of said reports; (2) no substantial changes have occurred with
respect to the circumstances under which the project is undertaken since the previous reports; (3) and
no new information of substantial importance to the project has become available since the issuance
and 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 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 FEIR, and, a second Addendum has been
prepared(Guideline 15168 (c)(2) and 15162 (a)).
SECTION 3. Incorporation of All Feasible Mitigation Measures and Alternatives.
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 the GDP approval (90-01)
and the SPA approval (95-01).
SECTION 4. Notice with Later Activities.
The City Council does hereby give notice, to the extent required by law, that this Project was fully
described and analyzed and is within the scope of the GDP EIR (90-01) and the SPA Plan EIR (95-0 I)
and the Final EIR with first and second addendum's adequately describes and analyzes this project for
the purposes ofCEQA (Guideline 15168 (e)). Notice on the SPAEIR was given on June 4, 1996.
SECTION 5. Tentative Map Findings.
A Pursuant to Government Code Section 66473.5 of the Subdivision Map Act, the City Council
finds that the revised tentative subdivision map for' the Village Development's portion of
Village One as conditioned herein for Otay Ranch SPA One, Chula Vista Tract 96-04, is in
conformance with all the various elements of the City's General Plan, the Otay Ranch General
Development Plan and Sectional Planning Area Plan based on the following:
1. Land Use - The Project is a planned community which provides a variety ofland uses
and residential densities ranging between 3.5 and 36.8 dwelling units per acre. The
project is also consistent with General Plan policies related to grading and landforms.
2. Circulation - All of the on-site and off-site public and private 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 Transportation
Development Impact Fee program.
CCII12A3.DOC 3
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3. Housing - The Applicant is required to enter into an agreement with the City to provide
and implement a low and moderate income program within the Project prior to the
approval of any Final Map for the Project.
4. Parks and Recreation Open Space. - The Project will provide a 25 acre (gross)
community park, 22.1 acres (gross) of neighborhood parks and the payment of PAD
fees or additional improvements as approved by the Director of Parks and Recreation.
In addition, a recreational trail system will be provided throughout the Project,
ultimately connecting with other open space areas and trail systems in the region.
Open Space - The Project provides 117.1 acres of open space, 22% of the total 540.7
acres recommended for approval. A program to preserve 83% of slopes greater than
25% has been established ranch-wide and is detailed in the recirculated FEIR 95-01.
5. Conservation - The Program EIR and FEIR addressed the goals and policies of the
Conservation Element of the General Plan and found development of this site to be
consistent with these goals and policies.
6. Seismic Safety - The proposed subdivision is in conformance wit the goals and policies
of the Seismic Element of the General Plan for this site. No seismic faults have been
identified in the vicinity of the Project.
7. Public Safety - All public and private facilities are expected to be reachable within the
threshold response times for fire and police services.
8. Public Facilities - The Applicant will provide all on-site and off-site streets, sewers and
water facilities necessary to serve this Project. The developer will also contribute to
the Otay Water District's improvement requirements to provide terminal water storage
for this Project as well as other major project in the eastern territories.
9. Noise - The Project will include noise attenuation walls as required by an acoustic
study dated June 6, 1995 prepared for the Project. In addition, all units are required to
meet the standards of the UBC with regard to acceptable interior noise levels.
10. Scenic Highway - The roadway design provides wide landscaped buffers along the two
scenic highways, Telegraph Canyon Road and East Orange Avenue (Olympic
Parkway).
11. Bicycle Routes - Bicycle paths are provided throughout the Project.
12. Public Buildings - The Project provides three elementary school sites and one high
school site to serve the area. One elementary school site and the high school site will
be off-site of the project The project will also be subject to Public Facilities
Development Impact Fees.
CCII12A3.DOC 4
/1- (30
B. Balance of Housing Needs and Public Service Needs.
Pursuant to Section 66412.3 of the Subdivision Map Act, the Council certifies that it has
considered the effect of this approval on the housing needs of the region and has balanced
those needs against the public service needs of the residents of the City and the available fiscal
and environmental resources. The development will provide for a variety of housing types
from single family detached homes to attached single-family and multiple-family housing and
will provide low and moderate priced housing consistent with regional goals.
C. Opportunities for Natural Heating and Cooling Incorporated.
The configuration, orientation and topography of the site partially allows for the optimum
siting of lots for passive or natural heating and cooling opportunities as required by
Government Code Section 66473.1.
D. Finding regarding Suitability for Residential Development.
The Village One 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.
SECTION 6. Tentative Map Findings In Support Of Continuance Of The Tentative Map
Alternatives.
Pursuant to Government Code Section 66474 (a) in the Subdivision Map Act, the revised tentative
subdivision map for the portion of Village One and Five adjacent to the West Coast Land Fund
properties are continued for Otay Ranch SPA One, Chula Vista Tract 96-04, as not being in
conformance with all the various elements of the City's General Plan, the Otay Ranch General
Development Plan and Sectional Planning Area Plan based on the following:
A Public Facilities.
West Coast Land Fund has foreclosed on approximately 288 acres ofVlllages One and Five
and has informed the City that they are not satisfied with the elementary school and
neighborhood park location within the Specific Plan and revised tentative map. West Coast has
indicated, when foreclosure is complete, they plan to initiate SPA amendments to relocate the
school and parks locations. The relocation of the school and park sites may be on Village
Development's portion of Village Five. Therefore, the revised tentative is denied for Village
Five in order to maintain flexibility and orderly development in providing public facilities for
schools and parks in Village Five.
Pursuant to Government Code Section 66474 (b) in the Subdivision Map Act, the revised
tentative subdivision map for the portion of Village One and Five adjacent to the West Coast
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Land Fund properties are denied for Otay Ranch SPA One, Chula Vista Tract 96-04, as not
being consistent with the approved specific plan based on the following:
B. Village Core.
The required public facilities and private services in the village core for Village Five are on the
West Coast Land Funds property and may not be available when needed for the development
of Village Five.
Pursuant to the City Code Section 18. 04.050 subdivisions are to be design with consideration
to existing streets and the effect of the extension of said streets and alignment thereof in
undeveloped land surrounding the subdivision.
C. Streets.
The proposed subdivision does not adequately plan for the extension of public streets into
adjacent residential area that are part of the West Coast Land Fund property. The tentative
map proposes gated neighborhoods adjacent to the West Coast Land Fund property that is not
part of the tentative map. City policy requires private streets in gated neighborhoods. Therefore
public street access to the West Coast land Fund collateral is not provided in the proposed
tentative map.
SECTION 7. Conditional Approval of Tentative Subdivision Map.
The City Council does hereby approve, subject to the following conditions, as Exhibit A attached
hereto and incorporated herein by this reference, the Project revised tentative subdivision map for only
Village One of the Otay Ranch SPA One, Chula Vista Tract 96-04 and continues the tentative map
alternatives which include other territory other than staff's proposed alternative B, based upon the
findings and determinations on the record for the project.
Approval of the tentative map shall not take effect until the second reading and approval by the City
Council ofthe Village Development Development Agreement.
SECTION 8. CEQA Findings of Fact, Mitigation Monitoring Program and Statement of Overriding
Considerations.
A. Adoption of Second Addendum.
The City Council does hereby adopt the Second Addendum to the Final EIR 95-01.
B. Re-adoption of Findings of Fact.
The Council does hereby re-approve, accept as its own and re-incorporate, as if set forth fully,
and make each and every one of the Findings contained in the Findings of Fact, attached hereto
as Attachment A known as Document No. C096-056 which is on file in the Office of the City
Clerk.
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C. Certain Mitigation Measures Feasible and Re-adopted.
As more fully identified and set forth in the Program EIR and the FEIR and Addendum and in
the CEQA Findings for this Project, which is hereby attached hereto as Attachment A, the
Council hereby finds that, pursuant to Public Resources Code Section 21081 and CEQA
Guidelines Section 15091, the mitigation measures described in the above referenced
documents and adopted by the Council are feasible and will become binding upon the
Applicant and its successors in interest, and the City is required to intplement these mitigation
measures.
D. Infeasibility of Alternatives.
As is also described and comparatively analyzed in the EIRs (90-01, 95-01) and the Findings
adopted in each instance, alternatives to the Project, which were identified as potentially
feasible, are hereby found not to be feasible.
E. Readoption of Mitigation Monitoring and Reporting 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 Attachment B to this
resolution known as Document No. C096-057, which is on file in the Office ofthe City Clerk
and incorporated herein by reference as set forth in full. The City Council finds that the
Program is designed to ensure that, during the Project intplementation and operation, the
Applicant and other responsible parties intplement the Project components and comply with the
feasible mitigation measures identified in the Findings and in the Program.
F. Statement of Overriding Considerations.
Even after the re-adoption of all feasible mitigation measures, and any feasible alternatives.
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-adopts,
pursuant to CEQA Guidelines Section 15093, as set forth and attached hereto as Attachment
C, known as Document No. C096-058 a copy of which is on file in the Office of the City
Clerk, a Statement of Overriding Considerations identitying the specific economic, social and
other considerations that render the unavoidable significant adverse environmental effects still
significant but acceptable.
SECTION 9. Notice of Determination.
City Council directs the Environmental Review Coordinator to post a Notice of Determination for the
project and file the same with the County Clerk.
SECTION 10. 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 tinte, if any of such conditions fail to be so implemented and maintained according to
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their terms, the City shall have the right to revoke or modifY all approvals herein granted, deny, revoke
or further condition issuance of all future building permits issued under the authority of approvals
herein granted, institute and prosecute litigation to compel their compliance with said conditions or
seek damages for their violation.
SECTION 11. Invalidity; Automatic Revocation.
It is the intention of the City Council that its adoption of this Resolution is dependent upon the
enforceability of each and every term, provision and condition herein stated; and that in the event that
anyone or more terms, provisions, or conditions are determined by a Court of competent jurisdiction
to be invalid, illegal or unenforceable, this resolution shall be deemed to be automatically revoked and
of no further force and effect ab initio.
Presented by:
Approved as to form by:
Gerald 1. Jarnriska
Special Planning Projects Manager
Ann Moore
Acting City Attorney
Attachments:
Exhibit A: Conditions of Approval
Attachment A: Findings of Fact
Attachment B: Mitigation Monitoring and Reporting Program
Attachment C: Statement of Overriding Considerations
Attachment D: Second Addendum to FEIR
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PASSED, APPROVED and ADOPTED by the City Council of the City ofChula Vista, California, this
12th day of November 1996, by the following vote
YES
NOES:
ABSENT
Shirley Horton, Mayor
ATTEST:
Beverly A. Authelet, City Clerk
STATE OF CALIFORNIA)
COUNTY OF SAN DIEGO) 55.
CITYOFCHULA VISTA)
I, Beverly A. Authelet, City Clerk of the City of Chula Vista, California, do hereby certifY that the
foregoing Resolution No. _ was duly passed, approved, and adopted by the City Council at a City
Council meeting held on 12th day of November, 1996.
Executed this 12th day of November, 1996.
Beverly A. Authelet, City Clerk
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ATTACHMENT 3
TENTATIVE MAP - OTAY RANCH VILLAGE 1
CONDITIONS OF APPROVAL
Unless otherwise specified or required by law: (a). the conditions and Code requirements set
forth below shall be completed prior to the related final map as determined by the Director of
Planning, Parks and Recreation and the City Engineer; (b). unless otherwise specified, "dedicate"
means grant the appropriate easement, rather than fee title. Where an easement is required the
applicant shall be required to provide subordination of any prior lien holders in order to ensure
that the City has a first priority interest in such land unless otherwise excused by the City. Where
fee title is granted or dedicated to the City, said fee title shall be free and clear of all
encumbrances, unless otherwise excused by the City.
Should conflicting wording or standards occur between these conditions of approval, any conflict
shall be resolved by the City Manager or designee.
GENERAL/PRELIMINARY
1. Comply with all requirements and guidelines of the Parks, Recreation Open Space and Trails
Plan, Public Facilities Financing Plan, Ranch Wide Affordable Housing Plan, Spa One Affordable
Housing Plan, and the Non-Renewable Energy Conservation Plan, unless specifically modified by the
appropriate department head, with the approval of the City Manager. These plans may be subject to
minor modifications by the appropriate department head, with the approval of the City Manager,
however, any material modifications shall be subject to approval by the City Council.
2. All of the terms, covenants and conditions contained herein shall be binding upon and
inure to the benefit of the heirs, successors, assigns and representatives of the Developer as to any
or all of the Property. For purposes of this document the term "Developer" shall also mean
"Applicant".
3. If any of the terms, covenants or conditions contained herein shall fail to occur or if they
are, by their terms, to be implemented and maintained over time, if any of such conditions fail to
be so implemented and maintained according to their terms, the City shall have the right to revoke
or modify all approvals herein granted including issuance of building permits, deny, or further
condition the subsequent approvals that are derived from the approvals herein granted, institute
and prosecute litigation to compel their compliance with said conditions or seek damages for their
violation. The applicant shall be notified 10 days in advance prior to any of the above actions
being taken by the City and shall be given the opportunity to remedy any deficiencies identified by
the City.
4. Applicant shall indemnify, protect, defend and hold the City harmless from and against any
and all claims, liabilities and costs, including attorney's fees, arising from challenges to the
Environmental Impact Report for the Project and/or any or all entitlements and approvals issued
by the City in connection with the Project
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5. The applicant shall comply with all applicable SPA conditions of approval.
6. Any and all agreements that the applicant is required to enter in hereunder, shall be in a
form approved by the City Attorney.
7. The terms, conditions and time limits associated with this tentative map shall be consistent
with the Development Agreement approved by Ordinance # 2679 by the City Council on July 16,
1996 ("Development Agreement") and as amended on October 22, 1996.
8. The applicant shall comply with the terms of the Conveyance Agreement, adopted by
Resolution # 18416 by the City Council on October 22, 1996 ("Conveyance Agreement").
ENVIRONMENTAL
9. Prior to the approval of the each final "B" Map, the applicant shall implement all
applicable mitigation measures identified in EIR 95-01, the CEQA Findings of Fact for this
Project (Exhibit *) and the Mitigation Monitoring and Reporting Program (Exhibit *).
10. Prior to the approval of each final "B" Map, the applicant shall comply with all applicable
requirements of the Phase 2 Resource Management Plan (RMP) as approved by the City Council
on June 4, 1996 and as may be amended from time to time by the City.
11. Prior to the approval of each final "B" Map, the applicant shall comply with the Otay
Ranch Resource Preserve in lieu fee program to be adopted by the City Council.
12. The Applicant shall comply with any applicable requirements of the California Department
of Fish and Game, the U.S. Department of Fish and Wildlife and the U.S. Army Corps of
Engineers.
DESIGN
13. Any proposed monumentationlsignage shall be consistent with the Village Design Plan and
shall be reviewed and approved by the Planning Director prior to approval of the appropriate final
map.
14. In addition to the requirements outlined in the City of Chula Vista Landscape Manual,
privately maintained slopes in excess of 25 feet in height shall be landscaped and irrigated to
soften their appearance as follows: one 5-gallon or larger size tree per each 150 square feet of
slope area, one I-gallon or larger size shrub per each 100 square feet of slope area, and
appropriate groundcover. Trees and shrubs shall be planted in staggered clusters to soften and
vary the slope plane. Landscape and irrigation plans for private slopes shall be reviewed and
approved by the Planning Director prior to approval of the appropriate final map.
15. A comprehensive wall plan indicating color, materials, height and location shall be
reviewed and approved by the Planning Director prior to approval of the first final "B" Map.
Materials and color used shall be compatible and all walls located in corner side-yards or rear
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yards facing public_or private streets or pedestrian connections shall be constructed of a
decorative masonry and/or wrought iron material.
A revised acoustical analysis indicating if view fencing, such as a combination of masonry and
wrought iron, is allowable at the ends of cul-de-sacs backing up to Telegraph Canyon Road, East
Orange Avenue and Paseo Ranchero, shall be prepared prior to submittal of the wall plan
indicated above. If such fencing is allowable per the final acoustical analysis it shall be provided
at the ends of the following streets: Parker Mountain Road, Geyserville Street, Jamestown Drive,
Mendota Street, Pacifica Court, Santa Delfina Avenue, San Dimas Court, Hanford Court, Rocklin
Court, Colton Court, Rincon Point, Santa Inez Avenue, Traver Court, Vernon Court, Lindsay
Street, Morgan Hill Drive, Applegate Street, Dunsmuir Court, Grayson Court, Greenfield Court,
Livingston Avenue, Hayford Drive, Fiddletown Drive, Santa Flora Drive, Bull Canyon Drive,
Buckshot Drive, Belena Street and Carmel Avenue. View fencing shall be provided at the ends of
all other open cul-de-sacs where a sound wall is not required.
Any combination free standing/retaining walls shall not exceed 8.5 feet in height. The applicant
shall submit a detail and/or cross section of the maximum/minimum conditions for all
"combination walls" which include retaining and free standing walls. Said detail shall be reviewed
and approved by the Director of Planning prior to the approval of the first final map. The
maximum height of all retaining walls shall be 2.5 feet in height when combined with freestanding
walls which are six feet in height. A 2 to 3-foot separation shall be provided between free
standing and retaining walls where the combined height would otherwise exceed 8.5 feet.
16. Lots backing or siding onto pedestrian paseos or parks shall be provided with view
fencing, such as three feet of wrought iron on top of a three foot masonry wall, subject to
approval by the Fire Marshal and the Planning Director.
17. Should the applicant propose an amendment to the Otay Ranch General Development Plan
to reduce density within the Village Cores at some time in the future, the provision of additional
alley product shall be analyzed and considered concurrently with said amendment.
18. The Design Review Committee shall review and approve the elevations of all homes
backing and siding onto Telegraph Canyon Road in Neighborhood R-5.
19. A minimum of thirty percent of all 55 x 105 feet lots in each final map shall be provided
with Hollywood driveways. The applicant agrees to process an amendment to the Planned
Community District Regulations for SPA One to reflect said requirement.
STREETS, RIGHT-OF-WAY AND PUBLIC IMPROVEMENTS
20. Dedicate for public use all the public streets shown on the tentative map within the subdivision
boundary. Prior to approval ofthe applicable "B" Map, the applicant shall enter into an agreement to
guarantee the construction of all street improvements as required by the PFFP for each particular
phase.
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21. Secure in accordance with Section 18.16.220 of the Municipal Code, as necessary, the
construction and/or construct full street improvements for all on-site and off-site streets deemed
necessary to provide service to the subject subdivision. Said improvements shall include, but not be
limited to, asphalt concrete pavement, base, concrete curb, gutter and sidewalk, sewer, reclaimed water
and water utilities, drainage facilities, street lights, signs, landscaping, irrigation, fencing and fire
hydrants.
Street cross sections shall conform to the cross sections shown on the Tentative Map. All other design
criteria shall comply with the current Chula Vista Design Standards, Chula Vista Street Design
Standards, and the Chula Vista Subdivision Manual unless otherwise conditioned or approved herein.
Exhibit A indicates the relationship between the Otay Ranch SPA One roadway designations and the
approved City designations in the Circulation Element of the General Plan for purposes of determining
the appropriate design standards for all street within SPA One.
Should the City Engineer deem that the construction of sidewalks along the off site portions of East
Orange Avenue and East Palomar Street west of Paseo Ranchero not be necessary to provide service
to the subject subdivision, their construction may be delayed.
The developer shall dedicate on the appropriate final "B" Map the right-of-way to extend Carmel
Avenue, Santa Lucia Road, Santa Flora Drive, Gold Run Road, Applegate Street, Livingston
Avenue and Grayson Court to the easterly subdivision boundary of Village One. The City
Engineer and the Planning Director may waive this requirement if it is demonstrated that a street
does not need to be extended to provide access to the adjacent property.
Unless otherwise approved by the City Engineer, the developer shall provide a cul-de-sac at the
end of all proposed street stubs along the subdivision boundary. The City Engineer may approve
the installation of a temporary turnaround at the end of those streets that might be extended in the
future to provide access to the adjacent property.
22. In accordance with the Pre-Annexation Development Agreement the developer shall grant to
the City fee title to the right-of-way for SR 125. Said right-of-way shall be contained in a lot granted
to the City for open space, transportation and other public purposes. The right-of-way shall be granted
as such time as requested by the City.
23. As part of the improvement plans, associated with the final "B" Map which triggers the
installation of the related street improvements, install a fully activated traffic signal including
interconnect wiring at the following intersections:
a. East Palomar Street and Paseo Ranchero
b. East Palomar Street and La Media Road
c. East Palomar Street and East Orange Avenue
d. East Orange Avenue and Paseo Ranchero
e. East Orange Avenue and La Media Road
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Install underground improvements, standards and luminaries with construction of street improvements,
and install mast arms, signal heads and associated equipment as determined by the City Engineer.
24. Submit to and obtain approval by the City Engineer of striping plans for all collector or higher
classification streets simultaneously with the associated improvement plans.
25. Design all vertical and horizontal curves and intersection sight distances to conform to the
CalTrans Highway Design Manual. Sight visibility easements shall be granted as necessary to comply
with the requirements in the CalTrans Highway Design Manual.
26. Plant trees within all street parkways which have been selected from the revised list of
appropriate tree species described in the Village Design Plan which shall be approved by the Directors
of Planning, Parks and Recreation and Public Works. The applicant shall provide root control methods
per the requirements of the Parks and Recreation Director and a deep watering irrigation system for the
trees. An irrigation system shall be provided from each individual lot to the adjacent parkway. The
improvement plans, including final selection of street trees, for the street parkways shall be approved by
the Directors of Planning, Parks and Recreation and the City Engineer.
27. Enter into an agreement with the City, prior to approval of the first final "A" Map, where the
developer agrees to the following:
a. Fund and install Chula Vista transit stop facilities when directed by the Director of
Public Works. The improvement plans for said stops shall be prepared in accordance
with the transit stop details described in the Village Design Plans and approved by the
Directors of Planning and Public Works.
b. Not protest the formation of any future regional benefit assessment district to finance
the Light Rail Transit.
c. Fund its fair share of the cost of construction of the pedestrian bridge connecting
Village One to Village Two as determined by the City Engineer based on the
proportionate benefit received from the improvement The developer shall also identifY
the financing mechanism to be used to fund said cost
28. Grant in fee to the City the right-of-way for the Light Rail Transit as indicated on the approved
Tentative Map. Said right-of-way shall be contained in lots granted to the City for open space,
transportation, and other public purposes. Said lots shall not extend across street intersections unless
approved by the City Engineer. Include said lots in an open space district.
29. Guarantee the construction and enter into an agreement to construct the pedestrian bridge
connecting Village One to Village Five in accordance with improvement plans approved by the City
prior to approval of the final map that requires construction of La Media Road between East Palomar
Street and East Orange Avenue. The developer shall be responsible for the construction of said bridge
and may seek, with the concurrence of the City, repayment from other benefiting property owners
through a reimbursement district
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30. In the event the Federal Govemment adopts ADA standards for street rights-of-way which are
in conflict with the standards and approvals contained herein, all such approvals conflicting with those
standards shall be updated to reflect those standards. Unless otherwise required by federal law, City
ADA standards may be considered vested, as determined by Federal regulations, only afIer
construction has commenced.
31. Prior to approval of any final map that requires the construction of Santa Madera Avenue
between Telegraph Canyon Road and Morgan Hill Drive ("Temporary Roadway"), in order to access
the final map property, the developer shall accomplish the following:
a. Obtain all permits and agreements with the environmental regulatory agencies required
to construct the "Temporary Roadway".
b. Obtain a construction permit from the City approving the necessary modifications to
the existing improvements in Telegraph Canyon Road including the provision of a fully
activated traffic signal as directed by the City Engineer.
c. Enter into an agreement where the developer agrees to:
1. Perform the following:
a. Restore the median improvements and remove the traffic signal as
directed by the City Engineer to provide only right -in/right -out access
at said intersection. This work shall be performed at such time as La
Media Road between Telegraph Canyon Road and East Palomar Street
is opened for public use.
b. Remove to the satisfaction of the City Engineer the remammg
"Temporary Roadway" improvements required to close said
intersection , at such time as a permanent road connecting Filmore
Street in Village One to East Orange Avenue is opened for public use.
2. Restore the Telegraph Canyon Road improvements and regrade the area to be
consistent with the streetscape of Telegraph Canyon Road and the drainage
channel as directed by the City Engineer and Director of Parks and Recreation.
3. Install signs as directed by the City Engineer, indicating that the "Temporary
Roadway" will be closed once the permanent road connecting Filmore Street in
Village One to East Orange Avenue is opened for public use.
4. Provide a Notice in any residential disclosure document that the "Temporary
Roadway" will be closed once the permanent road connecting Filmore Street in
Village One to East Orange Avenue is opened for public use.
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5. Provide security acceptable to the City, in the amount determined by the City
Engineer to guarantee the following:
a. Restoration of the median improvements and removal of the traffic
signal required to provide only right-in/right-out access at said
intersection. Said bonds shall be provided prior to approval of the final
map requiring the construction of La Media Road between Telegraph
Canyon Road and East Palomar Street.
b. Removal of the remaining temporary improvements required to close
said intersection and restoration of the area as directed by the City
Engineer and Director of Parks and Recreation. Said bonds shall be
posted prior to approval of the final map for Village One Core or any
unit thereof
6. Provide for all costs associated with the vacation of the "Temporary Roadway"
32. As part of the improvement plans associated with the first final "B" which triggers the
construction of Paseo Ranchero, La Media or Santa Paula Drive provide the necessary modifications
to the applicable "existing traffic signals including interconnect wiring at the following intersections:
a. Telegraph Canyon Road at Street Claire Drive
b. Telegraph Canyon Road at Otay Lakes Road
c. Telegraph Canyon Road at Paseo Ranchero
Install underground improvements, standards and luminaries with construction of street improvements,
and install mast anns, signal heads and associated equipment as determined by the City Engineer.
33. Include the right of way for the proposed "Temporary Roadway" (Santa Madera Avenue
between Telegraph Canyon Road and Morgan Hill Drive) in a separate lot. In the appropriate final
"B" Map, as determined by the City Engineer, grant said lot in fee to the City for open space,
transportation, and other public uses.
34. Guarantee the construction and enter into an agreement to construct, prior to the approval of
any final "B" Map for Neighborhoods R-I5, 16, 17, 18, 19, CPF-I, 2, 3, C-I or 2 or any unit thereot;
the construction of a permanent public road connecting Filmore Street in Village One to East Orange
Avenue as depicted on the Tentative Map. This road shall have a right-of-way width of 40 feet and be
designed and constructed to City standards for residential streets except that it shall have a width (curb
to curb) of 26 feet and sidewalk only on one side.
35. Provide (1) twenty feet setback on driveways from property line to garage and (2) sectional
roll-up type garage doors at all properties fronting on streets where cul-de-sacs are 150 feet or less in
length except as provided for in the Planned Community District Regulations or approved by the City
Engineer and the Planning Director.
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36. Not install privately owned water, reclaimed water, or other utilities crossing any public street.
This shall include the prohibition of the installation of sleeves for future construction of privately owned
facilities. The City Engineer may waive this requirement if the following is accomplished:
a. The developer enters into an agreement with the City where the developer agrees to
the following:
1. Apply for an encroachment pennit for installation of the private facilities within
the public right-of-way.
2. Maintain membership in an advance notice such as the USA Dig Alert Service.
3. Mark out any private facilities owned by the developer whenever work is
performed in the area.
The terms of this agreement shall be binding upon the successors and assigns of the developer.
b. Shutoff devices as detennined by the City Engineer are provided at those locations
where private facilities traverse public streets.
37. Grant on the final "B" Map containing the paseo between Neighborhoods R-8 and R-9 a 60
foot wide easement for street right-of-way and other public purposes. The paseo improvements shall
be constructed within said easement. Prior to approval of the same final map the developer shall
accomplish the following:
a. Guarantee the construction of the paseo improvements (if public) as directed by the
Director of Planning, Director of Parks and Recreation, and City Engineer.
b. Enter into an agreement with the City where the developer agrees to construct street
improvements for vehicular access within the 60- foot easement in accordance with
improvement plans approved by the City Engineer if vehicular access is needed in the
future.
38. Include in separate lots the right-of-way required to accommodate the future grade separation
at the intersections of (1) Telegraph Canyon and Otay Lakes Road, and (2) East Orange Avenue and
Paseo Ranchero. These lots shall be granted in fee to the City for Open Space, transportation, and
other public purposes on the appropriate final "B" Map, as detennined by the City Engineer.
39. Residential Street Condition A as denoted on the cover page of the tentative map is the
preferred section and shall be implemented on all residential streets, excluding the alley product,
unless otherwise approved by the City Engineer and Planning Director.
40. The applicant shall submit a conceptual design for the bridge connections between Village
One and Village Five which indicates materials, height, location, etc. Said design plan shall be
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reviewed and approved by the Planning Director prior to approval of the final "B" Map that
requires construction of La Media Road between East Palomar Street and East Orange Avenue.
41. Requested General Waivers 1, 2 and 3 and Specific Waiver 3, as indicated on the cover
sheet of the tentative map, are hereby approved. Specific Waivers 1 and 2 are approved subject
to the condition that one-way circulation be provided at the north-south streets adjacent to parks
P-4 and P-5, unless otherwise approved by the City Engineer.
42. The applicant shall submit and obtain approval from the City Engineer and the Planning
Director of a final conceptual design of the proposed traffic circles prior to approval of the first
final "B" Map. The developer shall submit striping, signage and landscape plans for all traffic
circles indicated on the tentative map. In the event the traffic circles are not approved, some type
of alternative enhanced landscaping and/or entry statement at those intersections, acceptable to
the City Engineer and the Planning Director, shall be identified prior to approval of the first final
"B"Map.
43. Right-of-way for the light rail transit line shall provide for spiral curves as required by
MTDB and approved by the City Engineer.
44. Unless otherwise approved by the City Engineer, the developer shall provide sewer stubs
extending to the easterly subdivision boundary of Village One at the following locations: (1) all
the street stubs proposed along said boundary, and (2) at those locations where right-of-way
dedication is required to extend Carmel Avenue, Santa Lucia Road, Santa Flora Drive, Gold Run
Road, Applegate Street, Livingston Avenue and Grayson Court to said subdivision boundary.
45. Prior to approval of the first final "B" Map the developer shall submit and obtain the
approval of the City Engineer of a design study of the connection of the sewerline shown on the
tentative map as ending at the northerly end of Gold Run Road to an approved public sewer
system.
GRADlNG AND DRAINAGE
46. Provide a setback, as determined by the City Engineer, between the property lines of the
proposed lots and the top or toe of any slope to be constructed where the proposed grading
adjoins undeveloped property or property owned by others. The City Engineer shall not approve
the creation of any lot that does not meet the required setback.
The developer shall submit notarized letters of permission to grade for all off-site grading.
47. Submit a list of proposed lots with the appropriate grading plan indicating whether the
structure will be located on fill, cut or a transition between the two situations unless otherwise
approved by the City Engineer.
48. Comply with all the provisions of the National Pollutant Discharge Elimination System
(NPDES) and the Clean Water Program.
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49. Provide runoff detention basins or any other facility approved by the City Engineer to reduce
the quantity of runoff from the development to an amount equal to or less than the present I DO-year
frequency runoff
50. Provide "as built" improvement and storm drain plans in DXF file format to the satisfaction of
the City Engineer.
51. Grant on the appropriate final "B" Map a 15 feet minimum drainage and access easement for
stormdrain lines located between residential units unless otherwise directed by the City Engineer. All
other easements shall meet City standards for required width.
52. Prior to approval of (I) the first final "B" Map or grading permit for land draining into the
Poggi Canyon or (2) the first final "B" Map or grading permit which requires construction of Santa
Madera between Telegraph Canyon Road and Morgan Hill Drive ("Temporary Roadway"), the
developer shall:
a. Guarantee the construction of the applicable drainage facility, as follows:
I. Runoff detention/de silting basin and naturaIized channel in Poggi Canyon; or
2. Runoff detention Basin in Telegraph Canyon Channel
The City Engineer may approve that these facilities are constructed at a later time if the
developer provides private temporary runoff detention basins or other facilities,
approved by the City Engineer, which would reduce the quantity of runoff from the
development to an amount equal to less than the present 100 year flow. Said
temporary facilities shall comply with all the provisions of the National Pollutant
Discharge Elimination System (NPDES) and the Clean Water Program. Prior to
issuance of any grading permit which approves any temporary facility, the developer
shall enter into an agreement with the City to guarantee the adequate operation and
maintenance (0 & M) of said facility. The developer shall provide security satisfactory
to the City to guarantee the 0 & M activities, in the event said facilities are not
maintained to City standards as determined by the City Engineer.
The developer shall be responsible for obtaining all permits and agreements with the
environmental regulatory agencies required to perform this work.
b. Prepare a maintenance program including a schedule, estimate of cost, operations
manual and a financing mechanism for the maintenance of the applicable facilities. Said
program shall be subject to approval of the City Engineer, the Director of Parks and
Recreation, and the applicable environmental agencies
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c. Enter into an agreement with the City of Chula Vista and the applicable environmental
agencies (Fish and Game, Fish and Wildlife) wherein the parties agree to implement the
maintenance program.
d. Enter into an agreement with the City where the developer agrees to the following:
1. Provide for the maintenance of the proposed detention basin in Telegraph
Canyon and the proposed naturalized channel and detention basin in Poggi
Canyon until such time as maintenance of such facilities is assumed by the City
or an open space district.
2. Provide for the removal of siltation in the Telegraph and Poggi Canyon
Channels (including detention basins) until all upstream grading within the
development is completed and erosion protection planting is adequately'
established as determined by the City Engineer and Director of Parks and
Recreation.
3. Provide for the removal of any siltation in the Telegraph and Poggi Canyon
Channels (including detention basins) attributable to the development for a
minimum period of five years after maintenance of the facility is assumed by the
City or an open space district.
. 53. Enter into an agreement with the City, prior to approval of the first final "B" Map or grading
pennit for land draining into the existing Telegraph Canyon Channel, where the developer agrees to
perform the following activities within the portion of said existing channel extending from Paseo
Ladera to the eastern subdivision boundary:
a. Provide for the removal of siltation until all upstream grading within the development is
completed and erosion protection planting is adequately established as determined by
the City Engineer and Director of Parks and Recreation.
b. Provide for the removal of any siltation attributable to the development for a minimum
period of five years after maintenance of the channel is assumed by the City or an open
space district
54. Ensure that brow channels and ditches emanating from and/or running through City Open
Space are not routed through private property and vice versa.
55. Provide a graded access (12 feet minimum width) and access easements as required by the City
Engineer to all public storm drain structures including inlet and outlet structures. Improved access as
detennined by the City Engineer shall be provided to public drainage structures located in the rear yard
of any residential lot.
56. Provide a pr6tective fencing system around (I) the proposed detention basins at Telegraph
Canyon and Poggi Canyon, and (2) inlets and outlets of storm drain structures, as directed by the City
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Engineer. The final design and types of construction materials shall be subject to approval of the
Director of Planning and the City Engineer.
57. Designate all drainage facilities draining private property to the point of connection with public
facilities as private.
58. Provide a 6 inch thick concrete access road to the bottom of the proposed detention basins.
This access shall have a minimum width of 12 feet, a maximum slope of 8%, and a heavy broom finish
on the ramp as directed by the City Engineer.
59. Obtain a Letter of Map Revision (LOMR) from the Federal Emergency Management Agency
revising the current National Flood Insurance Program maps of the Telegraph Canyon Channel to
reflect the effect of the proposed drainage improvements. The LOMR shall be completed prior to
acceptance by the City of the proposed detention facility.
60. Provide graded maintenance access roads along both sides of the proposed onsite and off site
portions of the Poggi Canyon Channel. The width of said roads shall be 12 feet unless otherwise
approved by the City Engineer. The final dimensions and location of the access roads shall be as
determined by the City Engineer.
61. Obtain, prior to approval of the first final "B" Map, the approval of the Director of Public
Works to any amendment necessary to make the Master Drainage plan consistent with the approved
Tentative Map.
62. Prior to the installation of the regional trail, install a fence along those portions of (1) the
existing maintenance access roads along the Telegraph Canyon Channe~ and (2) the proposed
maintenance access roads of the Poggi Canyon Channel, which are proposed to be incorporated into
the Regional Trail System. The fence shall be erected only at those locations where its installation will
not interfere with the normal channel maintenance. The specific locations where the fence will be
allowed and the fence details shall be as determined by the City Engineer and Director of Parks and
Recreation
63. Prepare and obtain approval by the City Engineer, Director of Planning and Director of Parks
and Recreation of an erosion and sedimentation control plan and landscape/irrigation plans as part of
the grading plans
64. Landform grading, similar to what has been proposed along Telegraph Canyon Road and
consistent with City policy, shall be implemented adjacent to all off-site major roads.
65. 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.
66. Prior to the approval of the grading plans proposing the grading of the area that would
accommodate the future grade separated intersections at East Orange A venuelPaseo Ranchero
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and Telegraph Canyon Road/Otay Lakes Road, the developer shall submit a design study,
acceptable to the City Engineer, ofthe grading required for said grade separated intersections.
67. The grading plans for the intersection at East Orange Avenue/Paseo Ranchero shall
include a partial grading of the area that would accommodate the eastbound on-ramp and off-
ramp and the westbound on-ramp of the future grade separated intersection. The elevations and
extent of the required grading shall be determined by the City Engineer to: (1) allow in the future
the construction of any additional grading necessary for the ultimate intersection configuration,
and (2) construct the Poggi Canyon Channel at its ultimate location.
68. Prior to approval of the grading and/or improvement plans proposing the construction of
the culvert under La Media Road at the crossing with the Telegraph Canyon Channel, the
developer shall submit a study acceptable to the City Engineer demonstrating that the proposed
culvert will be capable of handling the design flow in the event said culvert needs to be extended
in the future in conjunction with the grading for a grade separated intersection at Telegraph
Canyon Road/Otay Lakes Road.
SEWER
69. Provide an improved access road with a minimum width of 12 feet to all sanitary sewer
manholes. The roadway shall be designed for an H-20 wheel load or other loading as approved by the
City Engineer.
70. Grant on the appropriate final "B" Map a 20 feet minimum sewer and access easement for
sewerlines located between residential units unless otherwise directed by the City Engineer. All other
easements shall meet City standards for required width.
PARKS/OPEN SPACE/WILDLIFE PRESERVATION
General
71. The SPA one project shall satisfY the requirements of the Park Land Dedication Ordinance
(PLDO). The ordinance establishes a requirement that the project provide three (3) acres oflocal
parks and related improvements per 1, 000 residents. Local parks are comprised of community
parks and neighborhood parks. Pedestrian parks are an integral component of the plan and shall
receive partial park credit as defined below. A minimum of two thirds (2 acres/1, 000 residents) of
local park requirement shall be satisfied through the provision of turn-key neighborhood and
pedestrian parks within SPA One. The remaining requirement (1 acre/I,OOO residents) shall be
satisfied through the payment of fees.
72. All local parks shall be consistent with the SPA One. PFFP and shall be installed by the
Applicant. A construction schedule, requiring all parks to be completed in a timely manner, shall
be approved by the Director of Parks and Recreation.
73. All local parks shall be designed and constructed consistent with the provisions of the
Chula Vista Landscape Manual and related Parks and Recreation Department specifications and
policies.
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74. The applicant shall enter into a Chula Vista standard three party agreement with the City
of Chula Vista and design consultant(s), for the design of all aspects of the neighborhood and
community parks in accordance with the Master Plan whereby the Parks and Recreation Director
selects the design consultant(s), to be funded by the applicant. The cost for the consultant(s) shall
be established and said amount deposited into an account prior to any work being initiated by the
consultant. The agreement shall include, but not be limited to, master planning, design
development phase, construction document phase and construction supervision phase for the park
sites. The construction documents shall reflect the then current requirements of the City's
CodelLandscape Manual requirements.
75. The Applicant shall receive surplus park credit to the extent the combined park credit for
neighborhood parks, pedestrian parks, and the community park exceeds the 3 acres per 1,000
residents standard. This surplus park credit may be utilized by the Applicant to satisfY local park
requirements in future SPAs.
76. The Applicant and the City shall mutually agree on a PAD fee reimbursement schedule in
coordination with the adopted construction schedule. Milestones will be established for partial
reimbursement during the construction process. The City may withhold up to 20% of the park
construction funds until the park has been completed and accepted. Reimbursement of PAD fees
shall include the interest accrued by the City on said PAD fees minus the City's cost of processing
and administering this reimbursement program.
77. Grant in fee all designated public park lands at such time as is necessary to implement the
requirements of the PLDO and the PFFP.
78. Pedestrian Parks (also known as mini-oarks): Pedestrian parks less than five acres, as
identified in the SPA One Plan, shall be maintained by a funding entity other than the City's
General Fund. Pedestrian parks shall receive a minimum of 25% and a maximum of 50% park
credit, as determined by the Director of Parks and Recreation pursuant to the City wide small
park credit criteria which shall be approved by the City Council.
79. Neighborhood Parks:
a. In addition to those PAD fees required by Condition #80, the Applicant shall pay
PAD fees based on a formula of 2 acres per 1,000 residents for the first 500
dwelling units. In the City's sole discretion, PAD fees may be required for units in
excess of the first 500 dwelling units, or in he alternative:
b. Prior to the approval of the first final map which creates residential lots ("B"
Map), the applicant shall enter into a supplemental agreement where the applicant
agrees to construct the first neighborhood park in Village One, no later than
issuance of the building permit for the SOOth dwelling unit. The agreement shall
also provide the following:
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I. The level of amenities required in the first phase of construction of the first
neighborhood park shall be determined by the Director of Parks and
Recreation in conjunction with the park master planning effort required by
the City of Chula Vista Landscape Manual. Said level of amenities shall be
equivalent to five acres of neighborhood park improvements as described in
the PLDO ordinance and the Park Master Plan as approved by the Director
of Parks and Recreation. The applicant shall complete construction of the
first phase of the first neighborhood park within six (6) months of
commencing construction of said park.
2. Prior to issuance of the building permit for the 1150th dwelling unit, the
Director of Parks and Recreation shall determine the level of amenities
required for the second phase of construction of this park consistent with
the PLDO and the Park Master Plan, or in lieu of the second phase, require
the construction of another neighborhood park at a different location.
3. At no time following completion of construction of the first phase of the
first neighborhood park shall there be a deficit in "constructed
neighborhood park" based upon 2 acres/I,OOO residents. Applicant agrees
that the City may withhold the issuance of building permits should said
deficit occur. For purposes of this condition, the term "constructed"
neighborhood park shall mean that construction of the park has been
completed and accepted by the Director of Parks and Recreation as being
in compliance with the Park Master Plan, but prior to the mandatory 9-12
month maintenance period. This condition is not intended to supersede any
ofthe City's maintenance guarantee requirements.
4. The Applicant shall receive reimbursement of PAD fees, proportionate to
what has been constructed, should they deliver a turn-key park which has
been constructed in accordance with the Parks Master Plan.
c. The applicant shall grant to the City, at the "A" Map stage, an irrevocable offer of
dedication for all neighborhood parks shown on the Tentative Map.
80. Community Parks:
a. Prior to the approval of each final "B" Map the Applicant shall pay PAD fees for
the Community Park based upon a formula of I acre per I, 000 residents, until
such time as a turn-key facility has been accepted by the Director of Parks and
Recreation. Said turn-key facility is subject to the reimbursement mechanism set
forth below.
b. The first Otay Ranch Community Park, to satisfY SPA One demand, shall be
located in Village 2 as identified in the GDP.
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c. The Applicant shall identify the relocation, if any, of the Village 2 Otay Ranch
Community Park prior to issuance of the building permit for the I,I50th dwelling
unit. Said relocation may require an amendment to the Otay Ranch General
Development Plan.
d. Notwithstanding that the community park requirement (1 acrell,OOO residents)
shall be satisfied through the payment of PAD fees, the Applicant shall commence
construction of the first phase of the Community Park prior to issuance of the
building permit for the 2,650th dwelling unit. The first phase of construction shall
include, but not be limited to, improvements such as a graded site with utilities
provided to the property line and an all weather access road acceptable to the Fire
Department.
e. The Applicant shall commence construction of the second phase of the Community
Park prior to issuance of the building permit for the 3,000th dwelling unit. Second
phase improvements shall include recreational amenities as identified in the Park
Master Plan.
f The Community Park shall be ready for acceptance by the Director of Parks and
Recreation for maintenance prior to issuance of the building permit for the 3, 900th
dwelling unit.
g. If the Director of Parks and Recreation determines that it is not feasible for the
Applicant to commence construction of the first phase improvements of the
community park prior to issuance of the building permit for the 2,650th unit, then
the Director of Parks and Recreation shall have the option to utilize the PAD fees
for said improvements, or to construct another park facility, east of the I-80S
Freeway within an acceptable service radius of SPA One, as set forth in the GDP.
h. The Applicant shall provide a maintenance period of 9-12 months in accordance
with the City of Chula Vista Parks and Recreation Department policy.
1. The Applicant shall receive reimbursement of PAD fees, proportionate to what has
been constructed, excluding the cost of construction of the all weather access road,
for the community park should they deliver a turn-key facility to the City in
accordance with the Community Park Master Plan.
81. Trails/Open Space:
a. All trails shall connect to adjoining existing and/or proposed trails in neighboring
development projects, as determined by the Director of Parks and Recreation.
b. The maximum gradient for connector trails shall be 10%. Steeper grades of up to
] 2% for short runs of 50 feet may be permitted subject to the approval by the
Parks and Recreation Director.
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c. The graded section upon which the connecting trails are constructed shall be 10
feet in width. Six feet shall be provided for the trail bed, with a 2 foot graded
shoulder on either side.
d. Landscape and irrigation plans for the transit right-of-way shall be reviewed and
approved by the Parks and Recreation Director in conjunction with the landscape
plans for East Palomar Street.
82. Community Gardens:
a. Community Gardens shall be consistent with the guidelines in the SPA One Parks,
Recreation, Open Space and Trails Master Plan, including creation of the
Community Garden Committee and their responsibilities.
b. Water lines shall be stubbed from the nearest open space water meter to the site(s)
in order to facilitate development of the Community Gardens.
c. Community Garden sites shall be consistent with those identified on the tentative
map.
d. Maintenance of Community Gardens shall be funded by an Open Space
Maintenance District, Homeowner's Association or other funding mechanism
approved by the Director o(Parks and Recreation and the City Engineer.
e. Community Gardens shall not receive park credit.
OPEN SPACE/ASSESSMENTS
83. Prior to the approval of the first final "B" Map, the developer shall:
a. Submit and obtain approval of the SPA One Open Space Master Plan from the
Director of Parks and Recreation. The Open Space Master Plan shall be based upon
the approved Concept and Analysis Plan, the requirements of which are outlined in the
City of Chula Vista Landscape Manual and include but are not limited to elements such
as final recreational trail alignments and fencing and phasing.
b. Request the formation of an Open Space District pursuant to the 1972 Landscaping &
Lighting Act for the Otay Valley Parcel of the Otay Ranch. This district formation
shall be submitted to Council for consideration prior to approval of the first final "B"
Map. Maintenance of the open space improvements shall be accomplished by the
developer for a minimum period of one year or. until such time as accepted into the
open space district by the Director of Parks arid Recreation. If Council does not
approve the open space district formation, some other financing mechanism shall be
identified and submitted to Council for consideration prior to approval of the first final
map.
c. Submit evidence acceptable to the City Engineer and the Director of Parks and
Recreation of the formation of a Master Homeowner's Association (MHOA) which
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includes all the properties within the approved tentative map prior to approval of the
first "A" Map. The MHOA shall be responsible for the maintenance of the
improvements listed below. The City Engineer and the Director of Parks and
Recreation may require that some of those improvements be maintained by the Open
Space District. The final determination of which improvements are to be included in
the Open Space District and those to be maintained by the MHOA shall be made
during the Open Space District Proceedings. The MHOA shall be structured to allow
annexation of future tentative map areas in the event the City Engineer and Director of
Parks and Recreation require such annexation of future tentative map areas. The
MHOA formation documents shall be approved by the City Attorney.
d. Submit a list of all Otay Ranch SPA One facilities and other items to be maintained by
the proposed district Separate lists shall be submitted for the improvements and
facilities to be maintained by the Open Space District and those to be maintained by a
Master Homeowner's Association. Include a description, quantity and cost per year for
the perpetual maintenance of said improvements. These lists shall include but is not
limited to the following facilities and improvements:
1. All facilities located on open space lots to include but not be limited to: walls,
fences, water fountains, lighting structures, paths, trails, access roads, drainage
structures and landscaping. Each open space lot shall also be broken down by
the number of acres of turf, irrigated, and non-irrigated open space to aid in the
estimation of a maintenance budget thereof
2. Medians and parkways along East Orange Avenue (onsite and off site), Paseo
Ranchero, La Media Road, East Palomar Street (onsite and off site) and all
other street parkways proposed for maintenance by the open space district or
Homeowners' Association.
3. The proposed detention basin in Telegraph Canyon and the fair share of the
maintenance of the existing naturalized Telegraph Canyon Channel east of
Paseo Ladera as determined by the City Engineer based on the proportional
benefit received from the improvements. This includes but is not limited to the
cost of maintenance and all cost to comply with the Department of Fish and
Game and Corps of Engineers permit requirements.
4. The proposed detention basin and naturalized channel in Poggi Canyon. lbis
includes but is not limited to the cost of maintenance and all cost to comply
with the Department of Fish and Game and the Corps of Engineers permit
requirements.
5. Community Gardens
6. Pedestrian Bridges.
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7. The proportional share of the maintenance of the median and parkways along
that portion of Telegraph Canyon Road adjoining the development as
determined by the City Engineer.
8. All proposed facilities and improvements (excepting street improvements)
within the 60-foot wide easement to be dedicated to the City for right-of-way)
between Neighborhoods R-8 and R-9.
d. Submit an initial deposit of $15,000 to begin the process of formation of the open
space district All costs off ormation and other costs associated with the processing of
the open space relating to this project shall be borne by the developer.
e. Provide all the necessary information and materials (e. g., exhibits, diagrams, etc.) as
determined by the City Engineer to prepare the engineer's report for the proposed open
space district
84. Include in the CC&Rs, if applicable, the obligation of the Homeowners' Association to
maintain all the facilities and improvements within the open space lots rejected by the City prior to
approval of the final map containing said lots.
85. Grade a level, clear area at least three feet wide (face of wall to top of slope), along the length
of any wall abutting an open space district lot, as measured from face-of-wall to beginning of slope,
said area as approved by the City Engineer and the Director of Parks and Recreation.
86. Ensure that all buyers oflots adjoining open space lots containing walls maintained by the open
space district sign a statement, when purchasing their homes, stipulating that they are aware that the
walls are on City property and that they shall not moduy or supplement the wall or encroach onto City
property. These restrictions shall also be incorporated in the CC&Rs for each lot.
87. Agree to not protest formation or inclusion in a maintenance district or zone for the
maintenance of landscaped medians and scenic corridors along streets within and adjacent to the
subject subdivision.
88. Grant in fee to the City on the appropriate final map, all open space lots shown on the tentative
map and execute and record a deed for each of the lots to be maintained by the City through the open
space district Provide on the final map a certificate, pursuant to section 66477.2(a) of the Subdivision
Map Act, rejecting those open space lots to be maintained by the Homeowner's Association.
89. Provide documentation, prior to the approval of the first final "B" Map, to the Director of
Planning and the City Engineer that an annexable Mello-Roos District, or other financing mechanism
approved by the Sweetwater High School District and the Chula Vista Elementary School District has
been established to provide for construction of schools.
90. Fund the revision of the Public Facilities Development Impact Fee (PFDlF) Program, which
shall be prepared by the City, as directed by the City Manager or his designee, and approved by the
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City Council prior to approval of the first final "B" Map. The developer shall receive I 00% credits
towards future PFDIF fees for funding this update. Provide a deposit of $20,000 to begin this process.
All cost of revising the PFDIF shall be borne by the developer.
91. Prior to issuance of any grading pennit which includes Landscaping and Irrigation (L & 1)
improvements to be installed in an open space lot to be maintained by the open space district, the
developer shall place a cash deposit with the City which will guarantee the maintenance of the L & I
improvements, prior to City acceptance of said improvements, in the event the improvements are not
maintained to City standards as detennined by the City Engineer and the Director of Parks and
Recreation. The amount of the deposit shall be equivalent to the estimated cost of maintaining the
open space lots to City standards for a period of six months as determined by the City Engineer. Any
unused portion of said deposit could be incorporated into the open space district's reserve at such time
as the maintenance of the open space lot is assumed by the open space district.
WATER
92. Provide to the City a letter from Otay Municipal Water District indicating that the
assessmentslbonded indebtedness for all parcels dedicated or granted in fee to the City have been paid
or that no assessments exist on the parcel(s).
93. Present verification to the City Engineer in the form of a letter from Otay Water District that
the subdivision will be provided adequate water service and long term water storage facilities.
EASEMENTS
94. Grant to the City a 10' wide easement for general utility purposes along public street frontage
of all open space lots offered for dedication to the City unless otherwise approved by the City
Engineer.
95. Indicate on the appropriate final "B" Map a reservation of easements to the future
Homeowners' Association for private storm drain and private sewer facilities within open space lots as
directed by the City Engineer.
96. Obtain, prior to approval of any final "B" Map, all off-site right-of-way necessary for the
installation of the required improvements for that subdivision thereto. The developer shall also provide
easements for all on-site and off-site public drainage facilities, sewers, maintenance roads, and any
other public facilities necessary to provide service to the subject subdivision.
97. Notity the City at least 60 days prior to consideration of the final map by City if off-site right-
of-way cannot be obtained as required by the Conditions of approval. (Only off-site right-of-way or
easements affected by Section 66462.5 of the Subdivision Map Act are covered by this condition.)
After said notification, the developer shall:
a. Pay the full cost of acquiring off-site right-of-way or easements required by the
Conditions of Approval of the tentative map.
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b. Deposit with the City the estimated cost of acquiring said right-of-way or easements.
Said estimate to be approved by the City Engineer.
c. Have all easements and/or right -of-way documents and plats prepared and appraisals
complete which are necessary to commence condemnation proceedings as determined
by the City Attorney.
d. Request that the City use its powers of Eminent Domain to acquire right-of-way,
easements or licenses needed for off-site improvements or work related to the final
map. The developers shall pay all costs, both direct and indirect incurred in said
acquisition.
The requirements of a, b and c above shall be accomplished prior to the approval of the appropriate
Final Map.
98. Grant easements to subsequent owners pursuant to Section 18.20.150 of the City Code on any
final map that proposes private utilities or drainage facilities crossing property lines as directed by the
City Engineer.
99. Grant to City on the appropriate final "B" Map two foot access easements along the rear and
side property line of lots adjoining walls to be maintained by the open space district The locations of
these easements shall be as required by the Director of Parks and Recreation and the City Engineer to
provide adequate access for maintenance of said walls.
AGREEMENTS/FINANCIAL
100. Enter into a supplemental agreement with the City, prior to approval of each final '~" Map,
where the developer agrees to the following:
a. That the City may withhold building permits for the subject subdivision if anyone of
the following occur:
1. Regional development threshold limits set by the adopted East Chula Vista
Transportation Phasing Plan have been reached.
2. Traffic volumes, levels of service, public utilities and/or services exceed the
threshold standards in the then effective Growth Management Ordinance.
3. The applicant does not comply with the terms of the Reserve Fund Program.
b That the City may withhold building permits for any of the phases of development
identified in the Public Facilities Financing Plan (pFFP) for Otay Ranch SPA One if the
required facilities, as identified in the PFFP or as amended by the Annual Monitoring
Program, have not been completed.
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c. Defend, indemnifY and hold harmless the City and its agents, officers and employees,
from any claim, action or proceeding against the City, or its agents, officers or
employees to attack, set aside, void or annul any approval by the City, including
approval by its Planning Commission, City 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.
d. Hold the City harrnless from any liability for erosion, siltation or increase flow of
drainage resulting from this project
e. Ensure that all franchised cable television companies ("Cable Company") are permitted
equal opportunity to place conduit and provide cable television service to each lot on
public streets within the subdivision. Restrict access to the conduit to only those
franchised cable television companies who are, and remain in compliance with, all of
the terms and conditions of the franchise and which are in further compliance with all
other rules, regulations, ordinances and procedures regulating and affecting the
operation of cable television companies as same may have been, or may from time to
time be issued by the City of Chula Vista.
f Include in the Articles of Incorporation or Charter for the Homeowners' Association
(HOA) provisions prohibiting the HOA from dedicating or conveying for public
streets, land used for private streets without approval of 100% of all the HOA
members.
101. Enter into an supplemental agreement with the City prior to approval of the first final "B" Map,
where the developer agrees to the following:
a. Participate, on a fair share basis, in any deficiency plan or financial program adopted by
SANDAG to comply with the Congestion Management Program (CMP).
b. To not protest the formation of any future regional impact fee program or facilities
benefit district to finance the construction of correctional facilities.
102. At the time of approval of the first final "A" Map, and to be recorded concurrently with
the first final "A" Map, the applicant shall grant in fee three (3) acres of buildable land acceptable
to the City of Chula Vista within Village One of SPA One of the Otay Ranch in order to satisfy
the affordable housing implementation measure contained in the approved Otay Ranch GDP (ref
GDP; Section B.2, Pg. 242) and the terms of an existing agreement adopted by Resolution
# 17737. In addition, said existing agreement, dated December 1, 1994, shall be amended to
permit the land dedication within Village One.
103. Prior to approval of the first final "A" Map, or as otherwise determined by the Director of
Planning, within SPA One and consistent with the City's Housing Element, Ranch-Wide and SPA
One Affordable Housing Plans, the applicant shall enter into and execute with the City an
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Affordable Housing Agreement ("SPA One Affordable Housing Agreement") containing, but not
limited to, the following provisions: (a.) The obligation to provide the total number of low and
moderate income units required under the City's Affordable Housing Program, based on the
number of dwelling units contained within the Master Tentative Map for SPA One; (b.) IdentifY
the overall number of dwelling units within the Master Tentative Map for which the applicant can
receive final map approval prior to the applicant selecting and guaranteeing, to the City's
satisfaction, final affordable housing site(s); (c.) The number of dwelling units within the 'master
tentative map area which can receive building permit authorizations prior to the applicant
obtaining building permits for a specified number of the required low income units; and (d.) A
description of what information must be provided in subsequent Project Level Affordable Housing
Agreements. Upon its approval by the City, the terms and conditions of the SPA One Affordable
Housing Agreement shall become conditions of this resolution, and is hereby incorporated herein
by this reference.
104. The Applicant shall pay, prior to approval of the first "B" Map, their proportional share,
as determined by the Director of Parks and Recreation, of a collaborative study analyzing local
park needs for the area east of the 1-805 Freeway.
105. The applicant shall enter into an agreement with the City, prior to approval of each final
"B" Map, where the applicant agrees to ensure that all insurance companies are permitted equal
opportunity to go out to bid to provide a Cooperative Homeowner's Insurance Program (CHIP).
I 06. Prior to the approval of the first final "B" Map, the developer shall submit and obtain
approval by the City Engineer of an "Improvement Phasing Schedule" which will identifY the
timing of construction of all backbone facilities noted in the following table. The Improvement
Phasing Schedule shall be consistent withthe PFFP.
ITEM TO BE INCLUDED IN PHASING FACILITY
SCHEDULE
, AcquisitionlDedication of off site right of way East Palomar Street between Paseo Ranchero
'Construction of full street improvements and La Media Rd. and between La Media Rd.
and East Orange Ave.
'AcquisitionlDedication of the offsite portions Paseos in Villages One and Five including the
of open space lots containing the paseos paseo between Neighborhoods R-8 and R-9
'Construction offull naseo imnrovements
'Payment of Telegraph Canyon Basin Drainage For areas covered by: backbone streets and all
DIF common areas which include, but are not
limited to: parks, schools, paseos and open
space lots
'Construction of pedestrian bridges Pedestrian bridge connecting Village One to
Village Five, Village One to Village Two and
Village Five to Village Six
'Removal of temporary improvements "Temporary Roadway" (Santa Madera Avenue
'Restoration of the area to original conditions between Telegraph Canvon Road and Morgan
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Hill Drive
*Construction offull street improvements Permanent public road connecting Filmore St.
to East Orange Ave.
*Construction of full improvements Transit stop facilities in Villages One and Five
* AcquisitionlDedication of offsite drainage Poggi Canyon Channel (onsite and offsite) and
easement detention basin
*Construction and maintenance (prior to City
acceptance)
*Construction and maintenance (prior to City Telegraph Canyon Channel detention basin
acceptance)
* AcquisitionlDedication of offsite sewer Poggi Canyon Sewer Interceptor (onsite and
easement offsite)
*Upgrading of the existing Poggi Canyon
Interceptor required to accommodate C.V.T.
96-04 flows
*Construction of the improvements required to
connect C. V. T 96-04 to the existing Poggi
Canvon sewer improvements (near I-805)
*Installation of interconnect wiring Traffic signals along Telegraph Canyon Rd. at
the intersections with St. Claire Dr., Otay
Lakes Rd. and Paseo Ranchero
*Construction of full landscaping and irrigation Open space lots
improvements
*Construction of full trail improvements Regional trail svstem
Security satisfactory to the City shall be provided for the above backbone facilities when their
construction is triggered as identified in the approved Improvement Phasing Schedule.
In addition to the foregoing, security satisfactory to the City shall be provided to guarantee the
construction ofthe following First Phase Backbone Facilities:
I.) One-half of the improvements in East Palomar Street between Paseo Ranchero and La
Media including the two full traffic circles in Village One prior to approval of the first "B" Map
for Village One.
2.) The remaining improvements in East Palomar Street within Village One at the time
the trigger point is reached in the PFFP for the corresponding "B" Map.
3.) Full improvements in East Palomar Street between La Media and East Orange Avenue
in Village Five at the time the trigger point is reached in the PFFP for the corresponding "B"
Map.
4.) Fair share of full improvements for the pedestrian bridge connecting Village One to
Village Five and fair share of one half of the improvements for the pedestrian bridges connecting
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Village One to Village Two and Village Five to Village Six, prior to the approval of the first final
"B"Map.
The amount of the security for the above noted improvements shall be 110% times a construction
cost estimate approved by the City Engineer if improvement plans have been approved by the
City, 150% times the approved cost estimate if improvement plans are being processed by the
City or 200% times the construction cost estimate approved by the City Engineer if improvement
plans have not been submitted for City review. A lesser percentage may be required if it is
demonstrated to the satisfaction of the City Engineer that sufficient data or other information is
available to warrant such reduction.
SCHOOLS
107. Prior to the approval of the first final "BOO Map the applicant shall prepare and submit an
application for an amendment to the Otay Ranch General Development Plan replacing the Village
Seven High School location with a site in either the area west of Pas eo Ranchero in Village One
or the northern portion of Village Two. The applicant shall enter into a supplemental agreement
prior to approval of the first final map in which applicant agrees to the following: The City shall
not issue building permits for more than 1,400 units within SPA One until the City has acted on
the proposed plan amendment or unless the District consents to the further issuance of such
permits. The Applicant shall deliver to the School District a graded high school site including
utilities provided to the site and an all weather access road acceptable to the District prior to
issuance of the 2,650th building permit (504 students) or upon written request by the District not
prior to 1,800 permits. The all weather access road shall also be acceptable to the Fire
Department. This schedule is subject to modification by the School District as based on District
facility needs.
108. The Applicant shall deliver to the School District, a graded elementary school site
including utilities provided to the site and an all weather access road acceptable to the District,
located within Village One, prior to issuance of the SOOth residential building permit (150
students). The all weather access road shall also be acceptable to the Fire Department. This
schedule is subject to modification by the School district as based on Distnct facility needs.
109. The Applicant shall deliver to the School District, a graded elementary school site
including utilities provided to the site and an all weather access road acceptable to the District,
located within Village Five, prior to issuance of the 2,500th residential building permit (750
students). The all weather access road shall also be acceptable to the Fire Department. This
schedule is subject to modification by the School District as based on District facility needs.
110. The applicant shall deliver to the School District, a graded elementary school site
including utilities provided to the site and an all weather access road acceptable to the District,
located west of Paseo Ranchero, prior to issuance of the 4,500th residential building permit
(1,350 students). The all weather access road shall also be acceptable to the Fire Department.
This schedule is subject to modification by the School District as based on District facility needs.
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MISCELLANEOUS
Ill. Include in the Declaration of Covenants, Conditions and Restrictions (CC&Rs) provisions
assuring maintenance of all streets, driveways, drainage and sewage systems which are private. The
City of Chula Vista shall be named as party to said Declaration authorizing the City to enforce the
terms and conditions of the Declaration in the same manner as any owner within the subdivision. The
CC&R's shall also include language which states that any proposal by the HOA for dedication or
conveyance for public purposes of land used for private streets will require prior written approval of
100"10 of all the Homeowners' Association members.
112. Submit copies of Final Maps and improvement plans in a digital format such as (DXF) graphic
file prior to approval of each Final Map. Provide computer aided Design (CAD) copy of the Final Map
based on accurate coordinate geometry calculations and submit the information in accordance with the
City Guidelines for Digital Submittal in duplicate on 5-1/4" HD or 3-1/2" disks prior to the approval of
each Final Map.
113. Tie the boundary of the subdivision to the California System -Zone VI (1983).
114. Prior to approval of the first final map, the developer shall submit and obtain the approval
of the City of a master final map ("A" Map) over the entire tentative map area showing "super
block" lots corresponding to the units and phasing or combination of units and phasing thereof
Said "A" map shall also show the backbone street dedications and utility easements required to
serve the "super block" lots. All "super" block lots created shall have access to a dedicated public
street. Said "A" map shall not be considered the first map as indicated in other conditions of
approval unless said map contains single family lots or a subdivision of the multiple family lots
shown on the tentative map. A lot line adjustment, if utilized in accordance with City standards
and procedures, shall not be considered the first "A" Map.
The subsequent development of a multiple family lot which does not require the filing of a "B"
Map shall meet, prior to issuance of a building permit for that lot, all the applicable conditions of
approval of the tentative map, as determined by the City Engineer. Construction of non-backbone
streets adjacent to multiple family lots will not need to be bonded for With the final "A" Map
which created such lot. However, such improvements will be required to be constructed under
the Municipal Code provisions requiring construction of street improvements under the design
review and building permit issuance processes.
In the event of a filing of a final map which requires oversizing (in accordance with the restrictions
of state law and City ordinances) of the improvements necessary to serve other properties, said
final map shall be required to install all necessary improvements to serve the project plus the
necessary oversizing of facilities required to serve such other properties.
lIS. Signage shall be provided at Stanislaus Drive and the pedestrian paseo in Village One
which alerts motorists to a pedestrian mid-block crossing. A signage plan indicating the location
and content of said signs shall be reviewed and approved by the Planning Director prior to
approval of the appropriate "B" Map, as determined by the Planning Director and City Engineer.
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116. The Applicant shall secure approval of a Master Precise Plan for the Village One Core
Area, prior to submitting any development proposals for commercial, multi-family and
Community Purpose Facility areas within the Village One Core.
117. Pursuant to the provisions of the Growth Management Ordinance (Section 19.09 of the
CYMC) and the Otay Ranch General Development Plan (GDP), the Applicant shall complete the
following: (1.) Fund the preparation of an annual report monitoring the development of the
community of Otay Ranch. The annual monitoring report will analyze the supply of, and demand
for, public facilities and services governed by the threshold standards. An annual review shall
commence following the first fiscal year in which residential occupancy occurs and is to be
completed during the second quarter of the following fiscal year. The annual report shall adhere
to those guidelines noted on page 353, Section D of the GDP/SRP; and (2.) Prepare a five year
development phasing forecast identifying targeted submittal dates for future discretionary
applications (SPAs and tentative maps), projected construction dates, corresponding public
facility needs per the adopted threshold standards, and identifying financing options for necessary
facilities.
118. The owners of Village One shall be responsible for retalmng a project manager to
coordinate the processing of discretionary permit applications originating from the private sector
and submitted to the City of Chula Vista. The project manager shall establish a formal submittal
package required of each developer to ensure a high standard of design and to ensure consistency
with standards and policies identified in the adopted SPA Plan. The project manager shall have a
well rounded educational background and experience, including but not limited to land use
planning and architecture.
119. The applicant shall submit copies of any proposed C. C. and R's for review and approval by the
Director of Planning and the City Engineer prior to approval of each final "B" Map.
120. Fully accessible handicap access shall be provided at the ends of the following cul-de-sacs:
Artesia Street, Glendora Court, Calistoga Avenue, Monte Sereno Avenue, Antioch Avenue, Coalinga
Court, Westmoreland Street, Cordelia Street, Iowa Hill Court, Live Oak Street, Marion Court, Lodi
Court, Larkspur Court, Bull Canyon Drive, Buckshot Drive, Santa Lucia Road and Bellena Street.
Access via stairs shall be provided at the ends of the following cul-de-sacs: Stanislaus Drive, Amador
Street, Woodsford Court, Lockeport Court, Clovis Court, Millbrae Court, Mayfield Court, Cache
Creek Road, Jedediah Road, Kingsburg Avenue and Lassen Peak Street
121. The CPF-2 site located within Village One, shall be considered a floating designation and shall
be located in Neighborhood R-15. Project design for this site will be submitted, reviewed and
approved by the Director of Planning concurrently with the Precise Plan for this area.
122. If developer desires to do certain work on the property after approval of the tentative map but
prior to recordation of the applicable final "B" Map, they may do so by obtaining the required
approvals and permits from the City. The permits can be approved or denied by the City in accordance
with the City's Municipal Code, regulations and policies Said permits do not constitute a guarantee
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}1-)L,2
that subsequent submittals (i.e., final "B" Map and improvement plans) will be approved. All work
performed by the developer prior to approval of the applicable "B" Map shall be at developer's own
risk. Prior to permit issuance, the developer shall acknowledge in writing that subsequent submittals
(i.e., final "B" Map and improvement plans) may require extensive changes, at developers cost, to
work done under such early permit. The developer shall post a bond or other security acceptable to
the City in an amount determined by the City to guarantee the rehabilitation of the land if the applicable
final "B" Map does not record.
PHASING
123. If the applicant modifies the SPA One approved phasing plant, the applicant shall submit
to the City a revised phasing plan for review and approval prior to the approval of the first final
"B" Map. The PFFP shall be revised where necessary to reflect the revised phasing plan.
124. If phasing is proposed within an individual map or through multiple final maps, the developer
shall submit and obtain approval for a development phasing plan by the City Engineer and Director of
Planning prior to approval of any final map. Improvements, facilities and dedications to be provided
with each phase or unit of development shall be as determined by the City Engineer and Director of
Planning. The City reserves the right to require said improvements, facilities and/or dedications as
necessary to provide adequate circulation and to meet the requirements of police and fire departments.
The City Engineer and Planning Director may, at their discretion, modify the sequence of improvement
construction should conditions change to warrant such a revision.
125. The Public Facilities Finance Plan or revisions hereto shall be adhered to for the SPA and
tentative map with improvements installed in accordance with said plan or as required to meet
threshold standards adopted by the City of Chula Vista. The PFFP identifies a facility phasing plan
based upon a set of assumptions concerning the location and rate of development within and outside of
the project area. Throughout the build-out of SPA One, actual development may differ from the
assumptions contained in the PFFP (i.e., the development ofEastLake Ill). Neither the PFFP nor any
other SPA One document grant the Applicant an entitlement to develop as assumed in the PFFP, or
limit the SPA One's facility improvement requirements to those identified in the PFFP. Compliance
with the City of Chula Vista threshold standards, based on actual development patterns and updated
forecasts in reliance on changing entitlements and market conditions, shall govern SPA One
development patterns and the facility improvement requirements to serve such development. In
addition, the sequence in which improvements are constructed shall correspond to any future Eastern
Chula Vista Transportation Phasing Plan or amendment to the Growth Management Program and
Ordinance adopted by the City. The City Engineer may modifY the sequence of improvement
construction should conditions change to warrant such a revision. Concurrent with the approval of the
first final map approved after the PFFP for the EastLake III GDP Area, the applicant shall update, at
the applicant's expense and subject to a Reimbursement Agreement, the SPA I PFFP and agrees that
the City Engineer may change the timing of construction of the public facilities, including without
limitation, the nature, sizing, extent and timing for the construction of public facilities caused by SPA
One, shall become a condition for all subsequent SPA One entitlements, including tentative and final
maps.
CC1112C3.DOC
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CODE REQUIREMENTS
126. 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.
127. Underground all utilities within the subdivision in accordance with Municipal Code
requirements.
128. Pay the following fees in accordance with the City Code and Council Policy:
a. The Transportation and Public Facilities Development Impact Fees.
b. Signal Participation Fees.
c. All applicable sewer fees, including but not limited to_sewer connection fees.
d. Interim SR-125 impact fee
e. Telegraph Canyon Sewer Basin DIF.
f Poggi Canyon Sewer Basin DIF as may be adopted by the City in the future.
g. Telegraph Canyon Basin Drainage DIF.
h. Reimbursement District for Telegraph Canyon Road Phase 2 Undergrounding.
1. Otay Ranch Reserve Fund fee.
Pay the amount of said fees in effect at the time of issuance of building permits.
129. Comply with all relevant Federal, State, and Local regulations, including the Clean Water Act
The developer shall be responsible for providing all required testing and documentation to demonstrate
said compliance as required by the City Engineer.
130. Ensure that prospective purchasers sign a ''Notice of Special Taxes and Assessments" pursuant
to Municipal Code Section 5.46.020 regarding projected taxes and assessments. Submit disclosure
form for approval by the City Engineer prior to Final Map approval.
131. Comply with Council Policy No. 570-03 ifpump stations for sewer purposes are proposed..
132. Comply with Council Policy No. 522-02 regarding maintenance of natural channels within
open spaces.
133. The applicant shall comply with all aspects of the City ofChula Vista Landscape Manual.
134. The Applicant shall comply with Chapter 19.09 of the Chula Vista Municipal Code
(Growth Management) as may be amended from time to time by the City. Said chapter includes
but is not limited to: threshold standards (19.09.04), public facilities finance plan implementation
(19.09.090), and public facilities finance plan amendment procedures (19.09.100).
The applicant acknowledges that the City is presently in the process of amending its Growth
Management Ordinance to add a proposed Section 19.09.105, to establish provisions necessary to
ensure compliance with adopted threshold standards (particularly traffic) prior to construction of
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State Route 125. Said provisions will require the demonstration, to the satisfaction of the City
Engineer, of sufficient street system capacity to accommodate a proposed development as a
prerequisite to final map approval for that development, and the applicant hereby agrees to
comply with adopted amendments to the Growth Management Ordinance.
135. Upon submittal of building plans for small lot single family (5,000 square feet or less as
defined in the City of Chula Vista Design Manual) residential development, plans shall clearly
indicate that 750 square feet of private open space will be provided.
136. The applicant shall apply for and receive a take permit from the appropriate resource
agencies or comply with an approved MSCP or other equivalent 10(a) permit applicable to the
property.
137. All proposed development shall be consistent with the Otay Ranch SPA One Planned
Community District Regulations.
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II-I~S;
COMPARISON OF OTAY RANCH STf'.EET CLASSIFICATIONS
TO CITY STREET CLASSIFICATIONS
FOR DETERMINATION OF DESIGN STANDARDS TO BE UTILIZED Ir~
TENTATIVE MAP AND IMPROVEMENT PLAN PREPARATION
FOR OTAY RANCH USE DESIGN STANDARDS FOR CITY
CLASSIFICATION OF STREET CLASSIFICATION OF
Scenic Corridor Prime Arterial
Prime Arterial Prime Arterial
Primary Village Entry Class I Collector .
Secondary Village Entry Class II Collector
Village Core . Class I Collector
Residential Promenade Class III Collector
Core Promenade Residential .
Village Main Residential
.Village Plaza Residential
-
Residential A and B Residential
Alley Alley Standards . .
Exnioit A
/I-/lpy,
Attachment 4
Village 1 and Phase 1A & part 2A ofVill 5
RESOLUTION No. 18398-4
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VlST A ADOPTlNG THE SECOND ADDENDUM TO
AND RECERTlFYlNG FlNAL ENVlRONMENTAL IMPACT
REPORT FEIR 95-01 (SCH #95021012) AND FIRST
ADDENDUM, READOPTlNG THE STATEMENT OF
OVERRIDlNG CONSIDERATIONS AND THE MITIGATION
MONITORlNG AND REPORTlNG PROGRAM FOR THE FEIR
AND APPROVlNG A REVlSED TENTATIVE SUBDMSI0N
MAP FOR PORTIONS OF THE OTAY RANCH SPA ONE,
CHULA VlSTA TRACT 96-04, AND MAKING THE
NECESSARY FlNDlNGS AND CONTlNUlNG ALTERNATIVE
TENTATIVE MAP PROPOSALS.
WHEREAS, the property which is the subject matter of this resolution is identified and
described on Chula Vista Tract 96-04 and is commonly known as Otay Ranch Sectional Planning Area
(SPA) One ("Property"), and;
WHEREAS, Village Development filed a duly verified application for the subdivision of the
Property in the form of the tentative subdivision map known as Otay Ranch SPA One, Chula Vista
Tract 96-04, with the Planning Department of the City ofChula Vista on December 6, 1995, and;
WHEREAS, Village Development filed a revised tentative subdivision map on August 9, 1996,
and;
WHEREAS, the revised application requested the approval for the revised subdivision of
approximately 819.6 acres located south of Telegraph Canyon Road between Paseo Ranchero and the
future aIigmnent of SR-125 into 3,873 residential lots, 172.1 acres of open space, one IO-acre school
site and one 10-acre school site proposed in a yet to be determined location for the area west of Paseo
Ranchero, 28 acres of neighborhood parks and 18.2 acres of community purpose facility lots, and;
WHEREAS, City staff has recommended that only the Village one portion of the proposed
tentative map owned by Village Development ("Project") be recommended for approval, as more
specifically set forth in the staff report, and;
WHEREAS, the development of the Property has been the subject matter of a General
Development Plan ("GDP") previously approved by the City Council on October 28, 1993 by
Resolution No. 17298 and as amended on May 14, 1996 by Resolution No. 18285 ("GDP
Resolution") wherein the City Council, in the environmental evaluation of said GDP, relied in part on
11- ILP1
the Otay Ranch General Development Plan, Environmental Impact Report No. 90-01, SCH #9010154
("Program ElR 90-01"), and;
WHEREAS, the development of the Property has been the subject matter of a Sectional
Planning Area Plan ("SPA Plan") previously approved by the City Council on June 4, 1996 by
Resolution No. 18286 ("SPA Plan Resolution") wherein the City Council, in the environmental
evaluation of said SPA Plan, relied in part on the Otay Ranch SPA Plan Final Environmental Impact
Report No. 95-01, SCH # 95021012 ("FElR 95-01"), and;
WHEREAS, this Project is a subsequent activity in the program of development
environmentally evaluated under Program ElR 90-01, FElR 95-01, and addendum thereto, 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
alternative tentative maps (including the Project's) and determined that they are in substantial
conformance with the SPA Plan and the related environmental documents and that the proposed
alternative tentative maps would not result in any new environmental effects that were not previously
identified, nor would the proposed alternative tentative maps result in a substantial increase in severity
in any environmental effects previously identified; therefore only an a Addendum to FElR 95-0 I is
required in accordance with CEQA, and;
WHEREAS, the Planning Commission held an advertised public hearing on the original
tentative map application on July 10, 1996, and another advertised public hearing on the Project on
August 14, 1996 at which time the Planning Commission voted to: (1) recertifY FElR 95-01; (2)
readopt the Statement of Overriding Considerations and the Mitigation Monitoring and Reporting
Program; and (3) recommend that the City Council approve the Project in accordance with staffs
recommendation and the findings and conditions listed below; and
WHEREAS, the City Council set the time and place for a hearing on said tentative subdivision
map application and notice of said hearing, together with its purpose, was given by its publication in a
newspaper of general circulation in the City at least ten days prior to the hearing, and;
WHEREAS, a hearing was held at the time and place as advertised on August 20, 1996,
continued to September 10,1996, continued again to September 17,1996, continued again to October
22, 1996 and continued again to November 12, 1996 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 described and analyzed in the Program EIR 90-01,
FEIR 95-01, and addendum thereto, would have no new effects that were not examined in the
preceding Program EIR 90-01 and FEIR 95-01 (Guideline 15168 (c)(2)), and;
CCII12A4.DOC
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SECTION 2. CEQA Finding re Project within Scope of Prior Program ErR.
The City Council hereby finds that:(l) there were no changes in the project from the Program EIR and
the FEIR which would require revisions of said reports; (2) no substantial changes have occurred with
respect to the circumstances under which the project is undertaken since the previous reports; (3) and
no new information of substantial importance to the project has become available since the issuance
and 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 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 FEIR, and, a second Addendum has been
prepared(Guideline 15168 (c)(2) and 15162 (a)).
SECTION 3. Incoiporation of All Feasible Mitigation Measures and Alternatives.
The City does hereby readopt and incoiporate herein as conditions for this approval all applicable
mitigation measures and alternatives, as set forth in the findings adopted in the GDP approval (90-01)
and the SPA approval (95-01).
SECTION 4. Notice with Later Activities.
The City Council does hereby give notice, to the extent required by law, that this Project was fully
described and analyzed and is within the scope of the GDP ElR (90-01) and the SPA Plan EIR (95-01)
and the Final EIR with first and second addendum's adequately describes and analyzes this project for
the pUiposes ofCEQA(Guideline 15168 (e)). Notice on the SPAEIR was given on June 4, 1996.
SECTION 5. Tentative Map Findings.
A Pursuant to Government Code Section 66473.5 of the Subdivision Map Act, the City Council
finds that the revised tentative subdivision map for the Village Development's portion of
Village One as conditioned herein for Otay Ranch SPA One, Chula Vista Tract 96-04, is in
conformance with all the various elements of the City's General Plan; the Otay Ranch General
Development Plan and Sectional Planning Area Plan based on the following:
1. Land Use - The Project is a planned community which provides a variety ofland uses
and residential densities ranging between 3.5 and 36.8 dwelling units per acre. The
project is also consistent with General Plan policies related to grading and landforms.
2. Circulation - All of the on-site and off-site public and private 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 Transportation
Development Impact Fee program.
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3. Housing - The Applicant is required to enter into an agreement with the City to provide
and implement a low and moderate income program within the Project prior to the
approval of any Final Map for the Project.
4. Parks and Recreation Open Space. - The Project will provide a 25 acre (gross)
community park, 22.1 acres (gross) of neighborhood parks and the payment of PAD
fees or additional improvements as approved by the Director of Parks and Recreation.
In addition, a recreational trail system will be provided throughout the Project,
ultimately connecting with other open space areas and trail systems in the region.
Open Space - The Project provides 117.1 acres of open space, 22% of the total 540.7
acres recommended for approval. A program to preserve 83% of slopes greater than
25% has been established ranch-wide and is detailed in the recirculated FEIR 95-0 I.
5. Conservation - The Program EIR and FEIR addressed the goals and policies of the
Conservation Element of the General Plan and found development of this site to be
consistent with these goals and policies.
6. Seismic Safety - The proposed subdivision is in conformance wit the goals and policies
of the Seismic Element of the General Plan for this site~ No seismic faults have been
identified in the vicinity of the Project.
7. Public Safety - All public and private facilities are expected to be reachable within the
threshold response times for fire and police services.
8. Public Facilities - The Applicant will provide all on-site and off-site streets, sewers and
water facilities necessary to serve this Project. The developer will also contribute to
the Otay Water District's improvement requirements to provide terminal water storage
for this Project as well as other major project in the eastern territories.
9. Noise - The Project will include noise attenuation walls as' required by an acoustic
study dated June 6, 1995 prepared for the Project. In addition, all units are required to
meet the standards of the UBC with regard to acceptable interior noise levels.
10. Scenic Highway - The roadway design provides wide landscaped buffers along the two
scenic highways, Telegraph Canyon Road and East Orange Avenue (Olympic
Parkway).
II. Bicycle Routes - Bicycle paths are provided throughout the Project.
12. Public Buildings - The Project provides three elementary school sites and one high
school site to serve the area. One elementary school site and the high school site will
be off-site of the project. The project will also be subject to Public Facilities
Development Impact Fees.
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B. Balance of Housing Needs and Public Service Needs.
Pursuant to Section 66412.3 of the Subdivision Map Act, the Council certifies that it has
considered the effect of this approval on the housing needs of the region and has balanced
those needs against the public service needs of the residents of the City and the available fiscal
and environmental resources. The development will provide for a variety of housing types
from single family detached homes to attached single-family and multiple-family housing and
will provide low and moderate priced housing consistent with regional goals.
C. Opportunities for Natural Heating and Cooling Incorporated.
The configuration, orientation and topography of the site partially allows for the optimum
siting of lots for passive or natural heating and cooling opportunities as required by
Government Code Section 66473.1.
D. Finding regarding Suitability for Residential Development.
The Village One 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 pennit or other entitlement herein contained is
approximately proportional both in nature and extent to the impact created by the proposed
development.
SECTION 6. Tentative Map Findings In Support Of Continuance Of The Tentative Map
Alternatives.
Pursuant to Government Code Section 66474 (a) in the Subdivision Map Act, the revised tentative
subdivision map for the portion of Village One and Five adjacent to the West Coast Land Fund
properties are continued for Otay Ranch SPA One, Chula Vista Tract 96-04, as not being in
conformance with all the various elements of the City's General Plan, the Otay Ranch General
Development Plan and Sectional Planning Area Plan based on the following:
A. Public Facilities.
West Coast Land Fund has foreclosed on approximately 288 acres of Villages One and Five
and has informed the City that they are not satisfied with the elementary school and
neighborhood park location within the Specific Plan and revised tentative map. West Coast has
indicated, when foreclosure is complete, they plan to initiate SPA amendments to relocate the
school and parks locations. The relocation of the school and park sites may be on Village
Development's portion of Village Five. Therefore, the revised tentative is continued for Village
Five in order to maintain flexibility and orderly development in providing public facilities for
schools and parks in Village Five.
Pursuant to Government Code Section 66474 (b) in the Subdivision Map Act, the revised
tentative subdivision map for the portion ofVilJage One and Five adjacent to the West Coast
CCll12A4DOC
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Land Fund properties are continued for Otay Ranch SPA One, Chula Vista Tract 96-04, as not
being consistent with the approved specific plan based on the following:
B. Village Core.
The required public facilities and private services in the village core for Village Five are on the
West Coast Land Funds property and may not be available when needed for the development
of Village Five.
Pursuant to the City Code Section 18. 04.050 subdivisions are to be design with consideration
to existing streets and the effect of the extension of said streets and alignment thereof in
undeveloped land surrounding the subdivision.
C. Streets.
The proposed subdivision does not adequately plan for the extension of public streets into
adjacent residential area that are part of the West Coast Land Fund property. The tentative
map proposes gated neighborhoods adjacent to the West Coast Land Fund property that is not
part of the tentative map. City policy requires private streets in gated neighborhoods. Therefore
public street access to the West Coast land Fund collateral is not provided in the proposed
tentative map.
SECTION 7. Conditional Approval of Tentative Subdivision Map.
The City Council does hereby approve, subject to the following conditions, as Exhibit A attached
hereto and incorporated herein by this reference, the Project revised tentative subdivision map for only
Village One and Phase IA and a portion of Phase 2A of Village Five of the Otay Ranch SPA One,
Chula Vista Tract 96-04 and continues the tentative map alternatives which include other territory
other than staff's proposed alternative B, based upon the findings and determinations on the record for
~~~ .
Approval of the tentative map shall not take effect until the second reading and approval by the City
Council of the Village Development Development Agreement.
SECTION 8. CEQA Findings of Fact, Mitigation Monitoring Program and Statement of Overriding
Considerations.
A. Adoption of Second Addendum.
The City Council does hereby adopt the Second Addendum to the Final EIR 95-01.
B. Re-adoption of Findings of Fact.
The Council does hereby re-approve, accept as its own and re-incorporate, as if set forth fully,
and make each and every one ofthe Findings contained in the Findings of Fact, attached hereto
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as Attaclunent A known as Document No. C096-056 which is on file in the Office of the City
Clerk.
C. Certain Mitigation Measures Feasible and Re-adopted.
As more fully identified and set forth in the Program EIR and the FEIR and Addendum and in
the CEQA Findings for this Project, which is hereby attached hereto as Attaclunent A, the
Council hereby finds that, pursuant to Public Resources Code Section 21081 and CEQA
Guidelines Section 15091, the mitigation measures described in the above referenced
documents and adopted by the Council are feasible and will become binding upon the
Applicant and its successors in interest, and the City is required to implement these mitigation
measures.
D. Infeasibility of Alternatives.
As is also described and comparatively analyzed in the EIRs (90-01, 95-01) and the Findings
adopted in each instance, alternatives to the Project, which were identified as potentially
feasible, are hereby found not to be feasible.
E. Readoption of Mitigation Monitoring and Reporting 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 Attaclunent B to this
resolution known as Document No. C096-057, which is on file in the Office of the City Clerk
and incorporated herein by reference as set forth in full. The City Council finds that the
Program is designed to ensure that, during the Project implementation and operation, the
Applicant and other responsible parties implement the Project components and comply with the
feasible mitigation measures identified in the Findings and in the Program.
F. Statement of Overriding Considerations.
Even after the re-adoption of all feasible mitigation measures, and any feasible alternatives.
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-adopts,
pursuant to CEQA Guidelines Section 15093, as set forth and attached hereto as Attaclunent
C, known as Document No. C096-058 a copy of which is on file in the Office of the City
Clerk. a Statement of Overriding Considerations identifYing the specific economic, social and
other considerations that render the unavoidable signifiqmt adverse environmental effects still
significant but acceptable.
SECTION 9. Notice of Determination
City Council directs the Environmental Review Coordinator to post a Notice of Determination for the
project and file the same with the County Clerk.
SECTION 10. Consequence of Failure of Conditions.
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If any of the foregoing conditions fail to occur, or if they are, by their tenns, to be implemented and
maintained over time, if any of such conditions fail to be so implemented and maintained according to
their tenns, the City shall have the right to revoke or modifY all approvals herein granted, deny, revoke
or further condition issuance of all future building permits issued under the authority of approvals
herein granted, institute and prosecute litigation to compel their compliance with said conditions or
seek damages for their violation.
SECTION 11. Invalidity; Automatic Revocation.
It is the intention of the City Council that its adoption of this Resolution is dependent upon the
enforceability of each and every term, provision and condition herein stated; and that in the event that
anyone or more tenns, provisions, or conditions are determined by a Court of competent jurisdiction
to be invalid, illegal or unenforceable, this resolution shall be deemed to be automatically revoked and
of no further force and effect ab initio.
Presented by:
Approved as to fonn by:
Gerald 1. J arnriska
Special Planning Projects Manager
Ann Moore
Acting City Attorney
Attachments:
Exhibit A: Conditions of Approval
Attachment A: Findings of Fact
Attachment B: Mitigation Monitoring and Reporting Program
Attachment C: Statement of Overriding Considerations
Attachment D: Second Addendum to FEIR
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PASSED, APPROVED and ADOPTED by the City Council of the City ofChula Vista, California, this
12th day of November 1996, by the following vote
YES
NOES:
ABSENT:
Shirley Horton, Mayor
ATTEST:
Beverly A Authelet, City Clerk
STATE OF CALIFORNIA)
COUNTY OF SAN DIEGO) ss.
CITY OF CHULA VISTA)
I, Beverly A Authelet, City Clerk of the City of Chula Vista, California, do hereby certifY that the
foregoing Resolution No. _ was duly passed, approved, and adopted by the City Council at a City
Council meeting held on 12th day of November, 1996.
Executed this 12th day of November, 1996.
Beverly A Authelet, City Clerk
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ATTACHMENT 4
TENTATIVE MAP - OTAY RANCH VILLAGES 1 & PHASE I-A AND A PORTION OF
PHASE 2-A IN VILLAGE FIVE EXCLUDING 288 ACRES
LOCATED IN A PORTION OF VILLAGE ONE AND FIVE
CONDITIONS OF APPROVAL
Unless otherwise specified or required by law: (a). the conditions and Code requirements set
forth below shall be completed prior to the related final map as detennined by the Director of
Planning, Parks and Recreation and the City Engineer; (b). unless otherwise specified, "dedicate"
means grant the appropriate easement, rather than fee title. Where an easement is required the
applicant shall be required to provide subordination of any prior lien holders in order to ensure
that the City has a first priority interest in such land unless otherwise excused by the City. Where
fee title is granted or dedicated to the City, said fee title shall be free and clear of all
encumbrances, unless otherwise excused by the City.
Should conflicting wording or standards occur between these conditions of approval, any conflict
shall be resolved by the City Manager or designee.
GENERALlPRELIMINARY
I. Comply with all requirements and guidelines of the Parks, Recreation Open Space and Trails
Plan, Public Facilities Financing Plan, Ranch Wide Affordable Housing Plan, Spa One Affordable
Housing Plan, and the Non-Renewable Energy Conservation Plan, unless specifically modified by the
appropriate department head, with the approval of the City Manager. These plans may be subj eet to
minor modifications by the appropriate department head, with the approval of the City Manager,
however, any material modifications shall be subject to approval by the City Council.
2. All of the terms, covenants and conditions contained herein shall be binding upon and
inure to the benefit of the heirs, successors, assigns and representatives of. the Developer as to any
or all of the Property. For purposes of this document the term "Developer" shall also mean
"Applicant" .
3. If any of the terms, covenants or conditions contained herein shall fail to occur or if they
are, by their terms, to be implemented and maintained over time, if any of such conditions fail to
be so implemented and maintained according to their terms, the City shall have the right to revoke
or modify all approvals herein granted including issuance of building permits, deny, or further
condition the subsequent approvals that are derived from the approvals herein granted, institute
and prosecute litigation to compel their compliance with said conditions or seek damages for their
violation. The applicant shall be notified 10 days in advance prior to any of the above actions
being taken by the City and shall be given the opportunity to remedy any deficiencies identified by
the City.
4. Applicant shall indemnify, protect, defend and hold the City harmless from and against any
and all claims, liabilities and costs, including attorney's fees, arising from challenges to the
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Environmental Impact Report for the Project and/or any or all entitlements and approvals issued
by the City in connection with the Project.
5. The applicant shall comply with all applicable SPA conditions of approval.
6. Any and all agreements that the applicant is required to enter in hereunder, shall be in a
form approved by the City Attorney.
7. The terms, conditions and time limits associated with this tentative map shall be consistent
with the Development Agreement approved by Ordinance # 2679 by the City Council on July 16,
1996 ("Development Agreement") and as amended on October 22,1996.
8. The applicant shall comply with the terms of the Conveyance Agreement, adopted by
Resolution # 18416 by the City Council on October 22, 1996 ("Conveyance Agreement").
ENVIRONMENTAL
9. Prior to approval of each final "B" Map, the applicant shall implement all applicable
mitigation measures identified in EIR 95-01, the CEQA Findings of Fact for this Project (Exhibit
*) and the Mitigation Monitoring and Reporting Program (Exhibit *).
10. Prior to the approval of each final "B" Map, the applicant shall comply with all applicable
requirements of the Phase 2 Resource Management Plan (RMP) as approved by the City Council
on June 4, 1996 and as may be amended from time to time by the City.
11. Prior to the approval of each final "B" Map, the applicant shall comply with the Otay
Ranch Resource Preserve in lieu fee program to be adopted by the City Council.
12. The Applicant shall comply with any applicable requirements of the California Department
of Fish and Game, the U.S. Department of Fish and Wildlife and the u.s. Army Corps of
Engineers.
DESIGN
13. The secondary access in the southern portion of Neighborhood R-30 shall be surfaced
with "grass-crete", "turf-block" or some other comparable material unless otherwise approved by
the Planning Director and Fire Chief Bollards shall be provided instead of the locking gate noted
on the map. The bollards shall be located closer to the terminus of the cul-de-sac (Parker
Mountain Road), rather than adjacent to Santa Rosa Drive.
14. Any proposed monumentationlsignage shall be consistent with the Village Design Plan and
shall be reviewed and approved by the Planning Director prior to approval of the appropriate final
map.
15. In addition to the requirements outlined in the City of Chula Vista Landscape Manual,
privately maintained slopes in excess of 25 feet in height shall be landscaped and irrigated to
soften their appearance as follows: one 5-gallon or larger size tree per each 150 square feet of
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slope area, one I-gallon or larger size shrub per each 100 square feet of slope area, and
appropriate ground cover. Trees and shrubs shall be planted in staggered clusters to soften and
vary the slope plane. Landscape and irrigation plans for private slopes shall be reviewed and
approved by the Planning Director prior to approval of the appropriate final map.
16. A comprehensive wall plan indicating color, materials, height and location shall be
reviewed and approved by the Planning Director prior to approval of any final "B" Map.
Materials and color used shall be compatible and all walls located in comer side-yards or rear
yards facing public_or private streets or pedestrian connections shall be constructed of a
decorative masonry and/or wrought iron material.
A revised acoustical analysis indicating if view fencing, such as a combination of masonry and
wrought iron, is allowable at the ends of cul-de-sacs backing up to Telegraph Canyon Road, East
Orange Avenue and Paseo Ranchero, shall be prepared prior to submittal of the wall plan
indicated above. If such fencing is allowable per the final acoustical analysis it shall be provided
at the ends of the following streets: Parker Mountain Road, Geyserville Street, Jamestown Drive,
Moss Landing Avenue, Porterville Ct., Firebaugh Ct., Street C4, ., San Dimas Ct., Hanford Ct.,
Rocklin Ct., Colton Ct., Rincon Point, Santa Inez Ave., Traver Ct., Vernon Ct., Lindsay St.,.,
Applegate St. and Dunsmuir Ct.,. View fencing shall be provided at the ends of all other open
cul-de-sacs where a sound wall is not required.
Any combination free standing/retaining walls shall not exceed 8.5 feet in height. The applicant
shall submit a detail and/or cross section of the maximum/minimum conditions for all
"combination walls" which include retaining and free standing walls. Said detail shall be reviewed
and approved by the Director of Planning prior to the approval of the first final map. The
maximum height of all retaining walls shall be 2.5 feet in height when combined with freestanding
walls which are six feet in height. A 2-3 foot separation shall be provided between free standing
and retaining walls where the combined height would otherwise exceed 8.5 feet.
17. Lots backing or siding onto pedestrian paseos or parks shall be provided with view
fencing, such as three feet of wrought iron on top of a three foot masonry wall, subject to
approval by the Fire Marshal and the Planning Director.
18. Should the applicant propose an amendment to the Otay Ranch General Development Plan
to reduce density within the Village Cores at some time in the future, the provision of additional
alley product shall be analyzed and considered concurrently with said amendment.
19. The Design Review Committee shall review and approve the elevations of all homes
backing and siding onto Telegraph Canyon Road in Neighborhood R-5.
20. A minimum of thirty percent of all 55 x 105 feet lots in each final map shall be provided
with Hollywood driveways. The applicant agrees to process an amendment to the Planned
Community District Regulations for SPA One to reflect said requirement.
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STREETS, RIGHT-OF-WAY AND PUBLIC IMPROVEMENTS
21. Dedicate for public use all the public streets shown on the tentative map within the subdivision
boundary. Prior to the approval of the applicable "B" Map, the applicant shall enter into an agreement
to guarantee the construction of all street improvements as required by the PFFP for each particular
phase.
22. Secure in accordance with Section 18.16.220 of the Municipal Code, as necessary, the
construction and/or construct full street improvements for all on-site and off-site streets deemed
necessary to provide service to the subject subdivision. Said improvements shall include, but not be
limited to, asphalt concrete pavement, base, concrete curb, gutter and sidewalk, sewer, reclaimed water
and water utilities, drainage facilities, street lights, signs, landscaping, irrigation, fencing and fire
hydrants.
Street cross sections shall conform to the cross sections shown on the Tentative Map. All other design
criteria shall comply with the current Chula Vista Design Standards, Chula Vista Street Design
Standards, and the Chula Vista Subdivision Manual unless otherwise conditioned or approved herein.
Exhibit A indicates the relationship between the Otay Ranch SPA One roadway designations and the
approved City designations in the Circulation Element of the General Plan for purposes of determining
the appropriate design standards for all streets within SPA One.
Should the City Engineer deem that the construction of sidewalks along the offsite portions of East
Orange Avenue and East Palomar Street west of Pas eo Ranchero is not necessary to provide service to
the subject subdivision, their construction may be delayed.
The developer shall dedicate on the appropriate final "B" Map, the right-of-way to extend Carmel
Avenue, Santa Lucia Road, Santa Flora Drive, Gold Run Road, Applegate Street, Livingston
Avenue and Grayson Court to the easterly subdivision boundary of Village One. The City
Engineer and the Planning Director may waive this requirement if it is demonstrated that a street
does not need to be extended to provide access to the adjacent property.
Unless otherwise approved by the City Engineer, the developer shall pr~vide a cul-de-sac at the
end of all proposed street stubs along the subdivision boundary. The City Engineer may approve
the installation of a temporary turnaround at the end of those streets that might be extended in the
future to provide access to the adjacent property.
23. In accordance with the pre-annexation Development Agreement the developer shall grant to
the City fee title to the right-of-way for SR 125. Said right-of-way shall be contained in a lot granted
to the City for open space, transportation and other public purposes. The right-of-way shall be granted
at such time as requested by the City. .
24. As part of the improvement plans associated with the final "B" Map which triggers the
installation of the related street improvements, install a fully activated traffic signal including
intercotinect wiring at the following intersections:
a. East Palomar Street and Paseo Ranchero
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b. East Palomar Street and La Media Road
c. East Palomar Street and East Orange Avenue
d. East Orange Avenue and Paseo Ranchero
e. East Orange Avenue and La Media Road
Install underground improvements, standards and luminaries with construction of street improvements,
and install mast arms, signal heads and associated equipment as determined by the City Engineer.
25. Submit to and obtain approval by the City Engineer of striping plans for all collector or higher
classification streets simultaneously with the associated improvement plans.
26. Design all vertical and horizontal curves and intersection sight distances to conform to the
CalTrans Highway Design Manual. Sight visibility easements shall be granted as necessary to comply
with the requirements in the CalTrans Highway Design Manual.
27. Plant trees within all street parkways which have been selected from the revised list of
appropriate tree species described in the Village Design Plan which shall be approved by the Directors
of Planning, Parks and Recreation and Public Works. The applicant shall provide root control methods
per the requirements of the Parks and Recreation Director and a deep watering irrigation system for the
trees. An irrigation system shall be provided from each individual lot to the adjacent parkway. the
improvement plans, including final selection of street trees, for the street parkways shall be approved by
the Directors of Planning, Parks and Recreation and the City Engineer.
28. Enter into an agreement with the City, prior to approval of the first final "A" Map, where the
developer agrees to the following:
a. Fund and install Chula Vista transit stop facilities when directed by the Director of
Public Works. The improvement plans for said stops shall be prepared in accordance
with the transit stop details described in the Village Design Plans and approved by the
Directors of Planning and Public Works.
b. Not protest the formation of any future regional benefit assessment district to finance
the Light Rail Transit.
c. Fund its fair share of the cost of construction of the two pedestrian bridges connecting
Villages One to Village Two and Village Five to Village Six as determined by the City
Engineer based on the proportionate benefit received from the improvements. The
developer shall also identifY the financing mechanism to be used to fund said cost.
29. Grant in fee to the City the right-of-way for the Light Rail Transit as indicated on the approved
Tentative Map. Said right-of-way shall be contained in lots granted to the City for open space,
transportation, and other public purposes. Said lots shall not extend across street intersections unless
approved by the City Engineer. Include said lots in an open space district.
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30. Guarantee the construction and enter into an agreement to construct the pedestrian bridge
connecting Village One to Village Five in accordance with improvement plans approved by the City
prior to approval of the final map that requires construction of La Media Road between East Palomar
Street and East Orange Avenue. The developer shall be responsible for the construction of said bridge
and may seek, with the concurrence of the City, repayment from other benefiting property owners
through a reimbursement district.
31. In the event the Federal Government adopts ADA standards for street rights-of-way which are
in conflict with the standards and approvals contained herein, all such approvals conflicting with those
standards shall be updated to reflect those standards. Unless otherwise required by federal law, City
ADA standards may be considered vested, as determined by Federal regulations, only after
construction has commenced.
32. Prior to approval of any final map that requires the construction of Santa Madera Avenue
between Telegraph Canyon Road and Morgan Hill Drive ("Temporary Roadway"), in order to access
the final map property, the developer shall accomplish the following:
a. Obtain all permits and agreements with the environmental regulatory agencies required
to construct the "Temporary Roadway".
b. Obtain a construction permit from the City approving the necessary modifications to
the existing improvements in Telegraph Canyon Road including the provision of a fully
activated traffic signal as directed by the City Engineer.
c. Enter into an agreement where the developer agrees to:
1. Perform the following:
a. Restore the median improvements and remove the traffic signal as
directed by the City Engineer to provide only right-in/right-out access
at said intersection. This work shall be performed at such time as La
Media Road between Telegraph Canyon Road and East Palomar Street
is opened for public use.
b. Remove to the satisfaction of the City Engineer the remammg
"Temporary Roadway" improvements required to close said
intersection , at such time as a permanent road connecting Filmore
Street in Village One to East Orange Avenue is opened for public use.
2. Restore the Telegraph Canyon Road improvements and regrade the area to be
consistent with the streetscape of Telegraph Canyon Road and the drainage
channel as directed by the City Engineer and Director of Parks and Recreation.
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3. Install signs as directed by the City Engineer, indicating that the "Temporary
Roadway" will be closed once the permanent road connecting Filmore Street in
Village One to East Orange Avenue is opened for public use.
4. Provide a Notice in any residential disclosure document that the "Temporary
Roadway" will be closed once the permanent road connecting Filmore Street in
Village One to East Orange Avenue is opened for public use.
5. Provide security acceptable to the City in the amount determined by the City
Engineer to guarantee the following:
a. Restoration of the median improvements and removal of the traffic
signal required to provide only right-in/right-out access at said
intersection. Said bonds shall be provided prior to approval of the final
map requiring the construction of La Media Road between Telegraph
Canyon Road and East Palomar Street.
b. Removal of the remaining temporary improvements required to close
said intersection and restoration of the area as directed by the City
Engineer and Director of Parks and Recreation. Said bonds shall be
posted prior to approval ofthe final map for Village One Core or any
unit thereof
6. Provide for all costs associated with the vacation ofthe "Temporary Roadway"
33. As part of the improvement plans associated with the first final "B" Map which triggers the
construction of Pas eo Ranchero, La Media or Santa Paula Drive, provide the necessary modifications
to the applicable existing traffic signals including interconnect wiring at the following intersections:
a. Telegraph Canyon Road at St. Claire Drive
b. Telegraph Canyon Road at Otay Lakes Road
c. Telegraph Canyon Road at Paseo Ranchero
Install underground improvements, standards and luminaries with construction of street
improvements, and install mast arms, signal heads and associated equipment as determined by
the City Engineer.
34. Include the right of way for the proposed "Temporary Roadway" (Santa Madera Avenue
between Telegraph Canyon Road and Morgan Hill Drive) in a separate lot. In the appropriate final
"B" Map, as determined by the City Engineer, grant said lot in fee to the City for open space,
transportation, and other public uses.
3 5. Guarantee the construction and enter into an agreement to construct, prior to the approval of
any final "B" Map for Neighborhoods R-15, 16, 17, 18, 19, CPF-l, 2, 3, C-l or 2 or any unit thereof,
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the construction of a pennanent public road connecting Filmore Street in Village One to East Orange
Avenue as depicted on the Tentative Map. This road shall have a right-of-way width of 40 feet and be
designed and constructed to City standards for residential streets except that it shall have a width (curb
to curb) of 26 feet and sidewalk only on one side.
36. Provide (1) twenty feet setback on driveways from property line to garage and (2) sectional
roll-up type garage doors at all properties fronting on streets where cul-de-sacs are 150 feet or less in
length except as provided for in the Planned Community District Regulations or approved by the City
Engineer and the Planning Director.
37. Not install privately owned water, reclaimed water, or other utilities crossing any public street.
This shall include the prohibition of the installation of sleeves for future construction of privately
owned facilities. The City Engineer may waive this requirement if the following is accomplished :
a. The developer enters into an agreement with the City where the developer agrees to
the following:
1. Apply for an encroachment permit for installation of the private facilities within
the public right-of-way.
2. Maintain membership in an advance notice such as the USA Dig Alert Service.
3. Mark out any private facilities owned by the developer whenever work is
performed in the area.
The terms of this agreement shall be binding upon the successors and assigns of the developer.
b. Shutoff devices as determined by the City Engineer are provided at those locations
where private facilities traverse public streets.
38. Grant on the final "B" Map containing the proposed connection to EastLake Parkway
(between the two existing Otay Water District parcels) a 60-foot wide easement for street right-of-way
and other public purposes along said connection. Prior to approval of the same map the developer
shall guarantee the construction of the following improvements within said 60-foot wide easement:
a. Pedestrian, cart and bicycle improvements as determined by the City Engineer and
Planning Director. The improvement plans shall be prepared in such a way as to not
preclude the option of providing street improvements for vehicular access in the future.
b. Vehicular access improvements to the existing Otay Municipal Water District parcels
as determined by the City Engineer and the Otay Municipal Water District.
39. Grant on the final "B" Map containing the paseo between Neighborhoods R-8 and R-9 a 60-
wide easement for street right-of-way and other public purposes. The paseo improvements shall be
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constructed within said easement. Prior to approval of the same final map the developer shall
accomplish the following:
a. Guarantee the construction of the paseo improvements (if public) as directed by the
Director of Planning, Director of Parks and Recreation, and City Engineer.
b. Enter into an agreement with the City where the developer agrees to construct street
improvements for vehicular access within the 60- foot easement in accordance with
improvement plans approved by the City Engineer if vehicular access is needed in the
future.
40. Include in separate lots the right-of-way required to accommodate the future grade separation
at the intersections of (1) Telegraph Canyon and Otay Lakes Road, and (2) East Orange Avenue and
Paseo Ranchero. These lots shall be granted in fee to the City for Open Space, transportation, and
other public purposes on the appropriate fina1 "B" Map, as determined by the City Engineer.
41. Residential Street Condition A as denoted on the cover page of the tentative map is the
preferred section and shall be implemented on all residential streets, excluding the alley product,
unless otherwise approved by the City Engineer and Planning Director.
42. The applicant shall submit a conceptual design for the bridge connections between Village
One and Village Five which indicates materials, height, location, etc. Said design plan shall be
reviewed and approved by the Planning Director prior to approval of the final "B" Map that
requires construction of La Media Road between East Palomar Street and East Orange Avenue.
43. Requested General Waivers 1, 2 and 3 and Specific Waiver 3, as indicated on the cover
sheet of the tentative map, are hereby approved. Specific Waivers 1 and 2 are approved subject
to the condition that one-way circulation be provided at the north-south streets adjacent to parks
P-4 and P-5, unless otherwise approved by the City Engineer.
44. The applicant shall submit and obtain approval from the City Engineer and the Planning
Director of a final conceptual design of the proposed traffic circles prior to approval of the first
final "B" Map. The developer shall submit striping, signage and landscape plans for all traffic
circles indicated on the tentative map. In the event the traffic circles are not approved, some type
of alternative enhanced landscaping and/or entry statement at those intersections acceptable to the
City Engineer and the Planning Director, shall be identified prior to approval of the first final "B"
Map.
45. Right-of-way for the light rail transit line shall provide for spiral curves as required by
MTDB and approved by the City Engineer.
46. Unless otherwise approved by the City Engineer, the developer shall provide sewer stubs
extending to the easterly subdivision boundary of Village One at the following locations: (1) all
the street stubs proposed along said boundary, and (2) at those locations where right-of-way
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dedication is required to extend Carmel Avenue, Santa Lucia Road, Santa Flora Drive, Gold Run
Road, Applegate Street, Livingston Avenue and Grayson Court to said subdivision boundary.
47. Prior to approval of the first final "B" Map the developer shall submit and obtain the
approval of the City Engineer of a design study of the connection of the sewerline shown on the
tentative map as ending at the northerly end of Gold Run Road to an approved public sewer
system.
GRADING AND DRAINAGE
48. Provide a setback, as determined by the City Engineer, between the property lines of the
proposed lots arid the top or toe of any slope to be constructed where the proposed grading
adjoins undeveloped property or property owned by others. The City Engineer shall not approve
the creation of any lot that does not meet the required setback.
The developer shall submit notarized letters of permission to grade for all off-site grading.
49. Submit a list of proposed lots with the appropriate grading plan indicating whether the
structure will be located on fill, cut or a transition between the two situations unless otherwise
approved by the City Engineer.
50. Comply with all the provisions of the National Pollutant Discharge Elimination System
(NPDES) and the Clean Water Program.
51. Provide runoff detention basins or any other facility approved by the City Engineer to reduce
the quantity of runoff from the development to an amount equal to or less than the present 100-year
frequency runoff.
52. Provide "as built" improvement and storm drain plans in DXF file format to the satisfaction of
the City Engineer.
53. Grant on the appropriate final "B" Map a 15 feet minimum drainage and access easement for
stormdrain lines located between residential units unless otherwise directed by the City Engineer. All
other easements shall meet City standards for required width
54. Prior to approval of (1) the first final "B" Map or grading permit for land draining into the
Poggi Canyon or (2) the first final "B" Map or grading permit which requires construction of Santa
Madera between Telegraph Canyon Road and Morgan I-Iill Drive ("Temporary Roadway"), the
developer shall:
a. Guarantee the construction of the applicable drainage facility, as follows:
1. Runoff detention/desilting basin and naturalized channel in Poggi Canyon; or
2. Runoff detention Basin in Telegraph Canyon Channel
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The City Engineer may approve that these facilities are constructed at a later time if the
developer provides private temporary runoff detention basins or other facilities,
approved by the City Engineer, which would reduce the quantity of runoff from the
development to an amount equal to less than the present 100 year flow. Said
temporary facilities shall comply with all the provisions of the National Pollutant
Discharge Elimination System (NPDES) and the Clean Water Program. Prior to
issuance of any grading permit which approves any temporary facility, the developer
shall enter into an agreement with the City to guarantee the adequate operation and
maintenance (0 & M) of said facility. The developer shall provide security satisfactory
to the City to guarantee the 0 & M activities, in the event said facilities are not
maintained to City standards as determined by the City Engineer.
The developer shall be responsible for obtaining all permits and agreements with the
environmental regulatory agencies required to perform this work.
b. Prepare a maintenance program including a schedule, estimate of cost, operations
manual and a financing mechanism for the maintenance of the applicable facilities. Said
program shall be subject to approval of the City Engineer, the Director of Parks and
Recreation, and the applicable environmental agencies.
c. Enter into an agreement with the City of Chula Vista and the applicable environmental
agencies (Fish and Game, Fish and Wildlife) wherein the parties agree to implement the
maintenance program.
d. Enter into an agreement with the City where the developer agrees to the following:
1. Provide for the maintenance of the proposed detention basin in Telegraph
Canyon and the proposed naturalized channel and detention basin in Poggi
Canyon until such time as maintenance of such facilities is assumed by the City
or an open space district.
2. Provide for the removal of siltation in the Telegraph and Poggi Canyon
Channels (including detention basins) until all upstream grading within the
development is completed and erosion protection planting is adequately
established as determined by the City Engineer and Director of Parks and
Recreation.
3. Provide for the removal of any siltation.in the Telegraph and Poggi Canyon
Channels (including detention basins) attributable to the development for a
minimum period offive years after maintenance of the facility is assumed by the
City or an open space district.
55. Enter into an agreement with the City, prior to approval of the first final "B" Map or grading
permit for land draining into the existing Telegraph Canyon Channel, where the developer agrees to
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perform the following activities within the portion of said existing channel extending from Paseo
Ladera to the eastern subdivision bounda!)':
a. Provide for the removal of siltation until all upstream grading within the development is
completed and erosion protection planting is adequately established as determined by
the City Engineer and Director of Parks and Recreation.
b. Provide for the removal of any siltation attributable to the development for a minimum
period of five years after maintenance of the channel is assumed by the City or an open
space district.
56. Ensure that brow channels and ditches emanating from and/or running through City Open
Space are not routed through private property and vice versa.
57. Provide a graded access (12 feet minimum width) and access easements as required by the City
Engineer to all public storm drain structures including inlet and outlet structures. Improved access as
determined by the City Engineer shall be provided to public drainage structures located in the rear yard
of any residential lot.
58. Provide a protective fencing system around (1) the proposed detention basins at Telegraph
Canyon and Poggi Canyon, and (2) inlets and outlets of storm drain structures, as directed by the City
Engineer. The final design and types of construction materials shall be subject to approval of the
Director of Planning and the City Engineer.
59. Designate all drainage facilities draining private property to the point of connection with public
facilities as private.
60. Provide a 6 inch thick concrete access road to the bottom of the proposed detention basins.
This access shall have a minimum width of 12 feet, a maximum slope of 8%, and a heavy broom finish
on the ramp as directed by the City Engineer.
61. Obtain a Letter of Map Revision (LOMR.) from the Federal Emergency Management Agency
revising the current National Flood Insurance Program maps of the Telegraph Canyon Channel to
reflect the effect of the proposed drainage improvements. The LOMR shall be completed prior to
acceptance by the City of the proposed detention facility.
62. Provide graded maintenance access roads along both sides of the proposed onsite and off site
portions of the Poggi Canyon Channel. The width of said roads shall be 12 feet unless otherwise
approved by the City Engineer. The final dimensions and location of the access roads shall be as
determined by the City Engineer.
63. Obtain, prior to approval of the first final "B" Map, the approval of the Director of Public
Works to any amendment necessary to make the Master Drainage plan consistent with the approved
Tentative Map.
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64. Prior to the installation of the regional trail, install a fence along those portions of (I) the
existing maintenance access roads along the Telegraph Canyon Channel, and (2) the proposed
maintenance access roads of the Poggi Canyon Channel, which are proposed to be incorporated into
the Regional Trail System. The fence shall be erected only at those locations where its installation will
not interfere with the normal channel maintenance. The specific locations where the fence will be
allowed and the fence details shall be as determined by the City Engineer and Director of Parks and
Recreation
65. Prepare and obtain approval by the City Engineer, Director of Planning, and Director of Parks
and Recreation of an erosion and sedimentation control plan and landscapefmigation plans as part of
the grading plans.
66. Landform grading, similar to what has been proposed along Telegraph Canyon Road and
consistent with City policy, shall be implemented adjacent to all off-site major roads.
67. 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.
68. Prior to the approval of the grading plans proposing the grading of the area that would
accommodate the future grade separated intersections at East Orange A venue/Paseo Ranchero
and Telegraph Canyon Road/Otay Lakes Road, the developer shall submit a design study,
acceptable to the City Engineer, of the grading required for said grade separated intersections.
69. The grading plans for the intersection at East Orange Avenue/Paseo Ranchero shall
include a partial grading of the area that would accommodate the eastbound on-ramp and off-
ramp and the westbound on-ramp of the future grade separated intersection. The elevations and
extent ofthe required grading shall be determined by the City Engineer to: (I) allow in the future
the construction of any additional grading necessary for the ultimate intersection configuration,
and (2) construct the Poggi Canyon Channel at its ultimate location.
70. Prior to approval of the grading and/or improvement plans proposing the construction of
the culvert under La Media Road at the crossing with the Telegraph Canyon Channel, the
developer shall submit a study acceptable to the City Engineer demonstrating that the proposed
culvert will be capable of handling the design flow in the event said culvert needs to be extended
in the future in conjunction with the grading for a grade separated intersection at Telegraph
Canyon Road/Otay Lakes Road.
71. Unless otherwise approved by the City Engineer, the developer shall provide an
underground stormdrain connecting the cleanout in Park P-9 to the Telegraph Canyon Channel
Drainage easements shall be provided as required by the City Engineer.
SEWER
72. Provide an improved access road with a minimum width of 12 feet to all sanitary sewer
manholes. The roadway shall be designed for an H-20 wheel load or other loading as approved by the
City Engineer.
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73. Grant on the appropriate final "B" Map a 20 feet minimum sewer and access easement for
sewerlines located between residential units unless otherwise directed by the City Engineer. All other
easements shall meet City standards for required width.
PARKS/OPEN SP ACE/WILDLIFE PRESERV AnON
General
74. The SPA one project shall satisfy the requirements of the Park Land Dedication Ordinance
(PLDO). The ordinance establishes a requirement that the project provide three (3) acres oflocal
parks and related improvements per I, 000 residents. Local parks are comprised of community
parks and neighborhood parks. Pedestrian parks are an integral component of the plan and shall
receive partial park credit as defined below. A minimum of two thirds (2 acres/1, 000 residents) of
local park requirement shall be satisfied through the provision of turn-key neighborhood and
pedestrian parks within SPA One. The remaining requirement (1 acre/l,OOO residents) shall be
satisfied through the payment of fees.
75. All local parks shall be consistent with the SPA One PFFP and shall be installed by the
Applicant. A construction schedule, requiring all parks to be completed in a timely manner, shall
be approved by the Director of Parks and Recreation.
76. All local parks shall be designed and constructed consistent with the provisions of the
Chula Vista Landscape Manual and related Parks and Recreation Department specifications and
policies.
77. The applicant shall enter into a Chula Vista standard three party agreement with the City
of Chula Vista and design consultant(s), for the design of all aspects of the neighborhood and
community parks in accordance with the Master Plan whereby the Parks and Recreation Director
selects the design consultant(s), to be funded by the applicant. The cost for the consultant(s) shall
be established and said amount deposited into an account prior to any work being initiated by the
consultant. The agreement shall include, but not be limited to, master planning, design
development phase, construction document phase and construction supervision phase for the park
sites. The construction documents shall reflect the then current requirements of the City's
Code/Landscape Manual requirements.
78. The Applicant shall receive surplus park credit to the extent the combined park credit for
neighborhood parks, pedestrian parks, the town square park and the community park exceeds the
3 acres per 1,000 residents standard. This surplus park credit.may be utilized by the Applicant to
satisfy local park requirements in future SPAs.
79. The Applicant and the City shall mutually agree on a PAD fee reimbursement schedule in
coordination with the adopted construction schedule. Milestones will be established for partial
reimbursement during the construction process. The City may withhold up to 20% of the park
construction funds until the park has been completed and accepted. Reimbursement of PAD fees
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shall include the interest accrued by the City on said PAD fees minus the City's cost of processing
and administering this reimbursement program.
80. Grant in fee all designated public park lands at such time as is necessary to implement the
requirements of the PLDO and the PFFP.
81. Pedestrian Parks (also known as mini-parks): Pedestrian parks less than five acres, as
identified in the SPA One Plan, shall be maintained by a funding entity other than the City's
General Fund. Pedestrian parks shall receive a minimum of 25% and a maximum of 50% park
credit, as determined by the Director of Parks and Recreation pursuant to the City wide small
park credit criteria which shall be approved by the City Council.
82. Neighborhood Parks:
a. In addition to those PAD fees required by Condition #83, the Applicant shall pay PAD
fees based on a formula of 2 acres per 1,000 residents for the first 500 dwelling units. In the
City's sole discretion, PAD fees may be required for units in excess of the first 500 dwelling units,
or in the alternative:
b. Prior to the approval ofthe first final map which creates residential lots ("B" Map), the
applicant shall enter into a supplemental agreement where the applicant agrees to construct the
first neighborhood park in SPA One, in a location determined by the Director of Parks and
Recreation, no later than issuance of the building permit for the SOOth dwelling unit. The
agreement shall also provide the following:
1. The level of amenities required in the first phase of construction of the first
neighborhood park shall be determined by the Director of Parks and Recreation in conjunction
with the park master planning effort required by the City of Chula Vista Landscape Manual. Said
level of amenities shall be equivalent to five acres of neighborhood park improvements as
described in the PLDO ordinance and the Park Master Plan as approved by the Director of Parks
and Recreation. The applicant shall complete construction of the first phase of the first
neighborhood park within six (6) months of commencing construction of said park.
2. Prior to issuance of the building permit for the 1150th dwelling unit, the
Director of Parks and Recreation shall determine the level of amenities required for the second
phase of construction of this park consistent with the PLDO and the Park Master Plan, or in lieu
of the second phase, require the construction of another neighborhood park at a different location.
3. At no time following completion of construction of the first phase of the first
neighborhood park shall there be a deficit in "constructed neighborhood park" based upon 2
acres/l,OOO residents. Applicant agrees that the City may withhold the issuance of building
permits should said deficit occur. For purposes of this condition, the term "constructed
neighborhood park shall mean that construction of the park has been completed and accepted by
the Director of Parks and Recreation as being in compliance with the Park Master Plan, but prior
to the mandatory 9-] 2 month maintenance period. This condition is not intended to supersede
any of the City's maintenance guarantee requirements.
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4. The Applicant shall receive reimbursement of PAD fees, proportionate to what
has been constructed, should they deliver a turn-key park which has been constructed in
accordance with the Parks Master Plan.
c. The applicant shall grant to the City, at the "A" Map stage, an irrevocable offer of
dedication for all neighborhood parks shown on the Tentative Map.
83. Community Parks:
a. Prior to the approval of each final "B" Map the Applicant shall pay PAD fees for the
Community Park based upon a formula of 1 acre per 1, 000 residents, until such time as a turn-
key facility has been accepted by the Director of Parks and Recreation. Said turn-key facility is
subject to the reimbursement mechanism set forth below.
b. The first Otay Ranch Community Park, to satisfy SPA One demand, shall be located in
Village 2 as identified in the GDP.
c. The Applicant shall identify the relocation, if any, of the Village 2 Otay Ranch
Community Park prior to issuance of the building permit for the I,I50th dwelling unit. Said
relocation may require an amendment to the Otay Ranch General Development Plan.
d. Notwithstanding that the community park requirement (I acre/I,OOO residents) shall be
satisfied through the payment of PAD fees, the Applicant shall commence construction of the first
phase of the Community Park prior to issuance of the building permit for the 2,650th dwelling
unit. The first phase of construction shall include, but not be limited to, improvements such as a
graded site with utilities provided to the property line and an all weather access road acceptable to
the Fire Department.
e. The Applicant shall commence construction of the second phase of the Community
Park prior to issuance of the building permit for the 3,00Oth dwelling unit. Second phase
improvements shall include recreational amenities as identified in the Park'Master Plan.
f. The Community Park shall be ready for acceptance by the Director of Parks and
Recreation for maintenance prior to issuance of the building permit for the 3, 900th dwelling unit.
g. If the Director of Parks and Recreation determines that it is not feasible for the
Applicant to commence construction of the first phase improvements ofthe community park prior
to issuance of the building permit for the 2,650th unit, then the Director of Parks and Recreation
shall have the option to utilize the PAD fees for said improvements, or to construct another park
facility, east of the I-80S Freeway within an acceptable service radius of SPA One, as set forth in
the GDP.
h. The Applicant shall provide a maintenance period of 9-12 months in accordance with
the City ofChula Vista Parks and Recreation Department policy.
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i. The Applicant shall receive reimbursement ofP AD fees, proportionate to what has been
constructed, excluding the cost of construction of the all weather access road, for the community
park should they deliver a turn-key facility to the City in accordance with the Community Park
Master Plan.
84. Trails/Open Soace:
a. All trails shall connect to adjoining existing and/or proposed trails in neighboring
development projects, as determined by the Director of Parks and Recreation.
b The two connector trails from Neighborhoods R-24 and R-25 in Village Five to
Telegraph Canyon Road shaH be combined into one trail in Open Space Lot 37 and shall connect
to the regional trail in one location.
c. The maximum gradient for connector trails shall be 10%. Steeper grades of up to 12%
for short runs of 50 feet may be permitted subject to the approval by the Parks and Recreation
Director.
d. The graded section upon which the connecting trails are constructed shall be 10 feet in
width. Six feet shall be provided for the trail bed, with a 2 foot graded shoulder on either side.
e. Landscape and irrigation plans for the transit right-of-way shall be reviewed and
approved by the Parks and Recreation Director in conjunction with the landscape plans for East
Palomar Street.
85. Community Gardens:
a. Community Gardens shall be consistent with the guidelines in the SPA One Parks,
Recreation, Open Space and Trails Master Plan, including creation of the Community Garden
Committee and their responsibilities.
b. Water lines shaH be stubbed from the nearest open space water meter to the site(s) in
order to facilitate development of the Community Gardens. '
c. Community Garden sites shall be consistent with those identified on the tentative map.
d. Maintenance of Community Gardens shall be funded by an Open Space Maintenance
District, Homeowner's Association or other funding mechanism approved by the Director of
Parks and Recreation and the City Engineer.
e. Community Gardens shall not receive park credit.
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OPEN SPACE/ASSESSMENTS
86. Prior to the approval of the first final "B" Map, the developer shall:
a. Submit and obtain approval of the SPA One Open Space Master Plan from the
Director of Parks and Recreation. The Open Space Master Plan shall be based upon
the approved Concept and Analysis Plan, the requirements of which are outlined in the
City of Chula Vista Landscape Manual and include but are not limited to elements such
as final recreational trail alignments and fencing and phasing.
b. Request the formation of an Open Space District pursuant to the 1972 Landscaping &
Lighting Act for the Otay Valley Parcel of the Otay Ranch. This district formation shall
be submitted to Council for consideration prior to approval of the first final B map.
Maintenance of the open space improvements shall be accomplished by the developer
for a minimum period of one year or until such time as accepted into the open space
district by the Director of Parks and Recreation. If Council does not approve the open
space district formation, some other financing mechanism shall be identified and
submitted to for consideration prior to approval of the first final map.
c. Submit evidence acceptable to the City Engineer and the Director of Parks and
Recreation of the formation of a Master Homeowner's Association (MHOA) which
includes all the properties within the approved tentative map prior to approval of the
first "f'(' Map. The MHOA shall be responsible for the maintenance of the
improvements listed below. The City Engineer and the Director of Parks and
Recreation may require that some of those improvements be maintained by the Open
Space District. The final determination of which improvements are to be included in
the Open Space District and those to be maintained by the MHOA shall be made
during the Open Space District Proceedings. The MHOA shall be structured to allow
annexation of future tentative map areas in the event the City Engineer and Director of
Parks and Recreation require such annexation of future tentative map areas. The
MHOA formation documents shall be approved by the City ~ttorney.
d. Submit a list of all Otay Ranch SPA One facilities and other items to be maintained by
the proposed district. Separate lists shall be submitted for the improvements and
facilities to be maintained by the Open Space District and those to be maintained by a
Master Homeowner's Association. Include a description, quantity and cost per year for
the perpetual maintenance of said improvements. These lists shall include but are not
limited to the following facilities and improvements:
I. All facilities located on open space lots to include but not be limited to: walls,
fences, water fountains, lighting structures, paths, trails, access roads, drainage
structures and landscaping. Each open space lot shall also be broken down by
the number of acres of turf, irrigated, and non-irrigated open space to aid in the
estimation of a maintenance budget thereof
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2. Medians and parkways along East Orange Avenue (onsite and off site ), Paseo
Ranchero, La Media Road, East Palomar Street (onsite and off site) and all
other street parkways proposed for maintenance by the open space district or
Homeowners' Association.
3. The proposed detention basin in Telegraph Canyon and the fair share of the
maintenance of the existing naturalized Telegraph Canyon Channel east of
Paseo Ladera as detennined by the City Engineer based on the proportional
benefit received from the improvements. This includes but is not limited to the
cost of maintenance and all cost to comply with the Department of Fish and
Game and Corps of Engineers pennit requirements.
4. The proposed detention basin and naturalized channel in Poggi Canyon. This
includes but is not limited to the cost of maintenance and all cost to comply
with the Department of Fish and Game and the Corps of Engineers pennit
requirements.
5. Community Gardens
6. Pedestrian Bridges.
7. The proportional share of the maintenance of the median and parkways along
that portion of Telegraph Canyon Road adjoining the development as
detennined by the City Engineer.
8. All proposed facilities and improvements (excepting street improvements)
within the 60-foot wide easement to be dedicated to the City for right-of-way
at the following locations: (1) between Neighborhoods R-8 and R-9, and (2) at
the proposed connection to EastLake Parkway (between the two Otay Water
District Parcels.
d. Submit an initial deposit of $15,000 to begin the process of formation of the open
space district. All costs of formation and other costs associated with the processing of
the open space relating to this project shall be borne by the developer.
e. Provide all the necessary information and materials (e.g., exhibits, diagrams, etc.) as
detennined by the City Engineer to prepare the engineer's report for the proposed open
space district.
87. Include in the CC&Rs, if applicable, the obligation of the Homeowners' Association to
maintain all the facilities and improvements within the open space lots rejected by the City prior to the
approval of the final map containing said lots.
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88. Grade a level, clear area at least three feet wide (face of wall to top of slope), along the length
of any wall abutting an open space district lot, as measured from face-of-wall to beginning of slope,
said area as approved by the City Engineer and the Director of Parks and Recreation.
89. Ensure that all buyers oflots adjoining open space lots containing walls maintained by the open
space district sign a statement, when purchasing their homes, stipulating that they are aware that the
walls are on City property and that they shall not modify or supplement the wall or encroach onto City
property. These restrictions shall also be incorporated in the CC&Rs for each lot.
90. Agree to not protest formation or inclusion in a maintenance district or zone for the
maintenance of landscaped medians and scenic corridors along streets within and adjacent to the
subject subdivision.
91. Grant in fee to the City on the appropriate final map, all open space lots shown on the tentative
map and execute and record a deed for each of the lots to be maintained by the City through the open
space district. Provide on the final map a certificate, pursuant to section 66477.2(a) of the Subdivision
Map Act, rejecting those open space lots to be maintained by the Homeowner's Association.
92. Provide documentation, prior to the approval of the first final "B" Map, to the Director of
Planning and the City Engineer that an annexable Mello-Roos District, or other financing mechanism
approved by the Sweetwater High School District and the Chula Vista Elementary School District has
been established to provide for construction of schools.
93. Fund the revision of the Public Facilities Development Impact Fee (PFDlF) Program, which
shall be prepared by the City, as directed by the City Manager or his designee, and approved by the
City Council prior to approval of the first final "B" Map. Tbe developer shall receive 100% credits
towards future PFDlF fees for funding this update. Provide a deposit of $20,000 to begin this process.
All cost of revising the PFDlF shall be borne by the developer.
94. Prior to issuance of any grading permit which includes Landscaping and Irrigation (L & 1)
improvements to be installed in an open space lot to be maintained by the open space district, the
developer shall place a cash deposit with the City which will guarantee the maintenance of the L & I
improvements, prior to City acceptance of said improvements, in the event the improvements are not
maintained to City standards as determined by the City Engineer and the Director of Parks and
Recreation. The amount of the deposit shall be equivalent to the estimated cost of maintaining the
open space lots to City standards for a period of six months as determined by the City Engineer. Any
unused portion of said deposit could be incorporated into the open space district's reserve at such time
as the maintenance of the open space lot is assumed by the open space district.
WATER
95. Provide to the City a letter from Otay Municipal Water District indicating that the
assessmentslbonded indebtedness for all parcels dedicated or granted in fee to the City have been paid
or that no assessments exist on the parcel(s).
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96. Present verification to the City Engineer in the form of a letter from Otay Water District that
the subdivision will be provided adequate water service and long term water storage facilities.
EASEMENTS
97. Grant to the City a 10' wide easement for general utility purposes along public street frontage
of all open space lots offered for dedication to the City unless otherwise approved by the City
Engineer.
98. Indicate on the appropriate "B" Map a reservation of easements to the future Homeowners'
Association for private storm drain and private sewer facilities within open space lots as directed by the
City Engineer.
99. Obtain, prior to approval of any final "B" Map, all off-site right-of-way necessary for the
installation of the required improvements for that subdivision thereto. The developer shall also provide
easements for all on-site and off-site public drainage facilities, sewers, maintenance roads, and any
other public facilities necessary to provide service to the subject subdivision.
I 00. Notify the City at least 60 days prior to consideration ofthe final map by City if off-site right-
of-way cannot be obtained as required by the Conditions of approval. (Only off-site right-of-way or
easements affected by Section 66462.5 of the Subdivision Map Act are covered by this condition.)
After said notification, the developer shall:
a. Pay the full cost of acquiring off-site right-of-way or easements required by the
Conditions of Approval of the tentative map.
b. Deposit with the City the estimated cost of acquiring said right-of-way or easements.
Said estimate to be approved by the City Engineer.
c. Have all easements and/or right-of-way documents and plats prepared and appraisals
complete which are necessary to commence condemnation proceedings as detennined
by the City Attorney.
d. Request that the City use its powers of Eminent Domain to acquire right-of-way,
easements or licenses needed for off-site improvements or work related to the final
map. The developers shall pay all costs, both direct and indirect incurred in said
acquisition.
The requirements of a, b, and c above shall be accomplished prior to the approval of the
appropriate Final Map.
101. Grant easements to subsequent owners pursuant to Section 18.20.150 of the City Code on any
final map that proposes private utilities or drainage facilities crossing property lines as directed by the
City Engineer.
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102. Grant to City on the appropriate final "B" Map two foot access easements along the rear and
side property line ofIots adjoining walls to be maintained by the open space district. The locations of
these easements shall be as required by the Director of Parks and Recreation and the City Engineer to
provide adequate access for maintenance of said walls.
AGREEMENTS~ANC~ .
103. Enter into a supplemental agreement with the City, prior to approval of each final "B" Map,
where the developer agrees to the following:
a. That the City may withhold building permits for the subject subdivision if anyone of
the following occur:
1. Regional development threshold limits set by the adopted East Chula Vista
Transportation Phasing Plan have been reached.
2. Traffic volumes, levels of service, public utilities and/or services exceed the
threshold standards in the then effective Growth Management Ordinance.
3. The applicant does not comply with the terms of the Reserve Fund Program.
b. That the City may withhold building permits for any of the phases of development
identified in the Public Facilities Financing Plan (pFFP) for Otay Ranch SPA One if the
required facilities, as identified in the PFFP or as amended by the Annual Monitoring Program,
have not been completed.
c. Defend, indemnifY and hold harmless the City and its agents, officers and employees,
from any claim, action or proceeding against the City, or its agents, officers or employees to
attack, set aside, void or annul any approval by the City, including approval by its Planning
Commission, City 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.
d. Hold the City harm1ess from any liability for erosion, siltation or increase flow of
drainage resulting from this project.
e. Ensure that all franchised cable television companies ("Cable Company") are permitted
equal opportunity to place conduit and provide cable television service to each lot on public
streets within the subdivision. Restrict access to the conduit to only those franchised cable
television companies who are, and remain in compliance with, all ofthe 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 ofChula Vista.
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f Include in the Articles of Incorporation or Charter for the Homeowners' Association
(HOA) provisions prohibiting the HOA from dedicating or conveying for public streets, land
used for private streets without approval of 100% of all the HOA members.
104. Enter into an supplemental agreement with the City prior to approval of the first final "B" Map,
where the developer agrees to the following:
a. Participate, on a fair share basis, in any deficiency plan or financial program adopted by
SANDAG to comply with the Congestion Management Program (CMP).
b. To not protest the formation of any future regional impact fee program or facilities
benefit district to finance the construction of correctional facilities.
105. At the time of approval of the first final "A" Map, and to be recorded concurrently with
the first final "A" Map, the applicant shall grant in fee three (3) acres of buildable land acceptable
to the City of Chula Vista within Village One of SPA One of the Otay Ranch in order to satisfy
the affordable housing implementation measure contained in the approved Otay Ranch GDP (ref
GDP; Section B.2, Pg. 242) and the terms of an existing agreement adopted by Resolution
#17737. In addition, said existing agreement, dated December 1, 1994, shall be amended to
permit the land dedication within Village One.
106. Prior to approval of the first "A" Map, or as otherwise determined by the Director of
Planning, within SPA One and consistent with the City's Housing Element, Ranch-Wide and SPA
One Affordable Housing Plans, the applicant shall enter into and execute with the City an
Affordable Housing Agreement ("SPA One Affordable Housing Agreement") containing, but not
limited to, the following provisions: (a.) The obligation to provide the total number of low and
moderate income units required under the City's Affordable Housing Program, based on the
number of dwelling units contained within the Master Tentative Map for SPA One; (b.) Identify
the overall number of dwelling units within the Master Tentative Map for which the applicant can
receive final map approval prior to the applicant selecting and guaranteeing, to the City's
satisfaction, final affordable housing site( s); (c.) The number of dwelling units within the master
tentative map area which can receive building permit authorizations prior to the applicant
obtaining building permits for a specified number of the required low income units; and (d.) A
description of what information must be provided in subsequent Project Level Affordable Housing
Agreements. Upon its approval by the City, the terms and conditions of the SPA One Affordable
Housing Agreement shall become conditions of this resolution, and is hereby incorporated herein
by this reference.
107. The Applicant shall pay, prior to approval of the first "B" Map, their proportional share,
as determined by the Director of Parks and Recreation, of a collaborative study analyzing local
park needs for the area east of the 1-805 Freeway.
108. The applicant shall enter into an agreement with the City, prior to approval of each final
"B" Map, where the applicant agrees to ensure that all insurance companies are permitted equal
opportunity to go out to bid to provide a Cooperative Homeowner's Insurance Program (CHIP).
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109. Prior to the approval of the first final "B" Map, the developer shall submit and obtain
approval by the City Engineer of an "Improvement Phasing Schedule" which will identify the
timing of construction of all backbone facilities noted in the following table. The Improvement
Phasing Schedule shall be consistent with the PFFP.
COST ITEM TO BE INCLUDED IN FACILITY
FINANCING PLAN
* AcquisitionlDedication of off site right of way East Palomar Street between Paseo Ranchero
*Construction of full street improvements and La Media Rd. and between La Media Rd.
and East Oranee Ave.
* AcquisitionlDedication of the off site portions Paseos in Villages One and Five including the
of open space lots containing the paseos paseo between Neighborhoods R-8 and R-9
*Construction of full oaseo imorovements
*Payment of Telegraph Canyon Basin Drainage For areas covered by: backbone streets and all
DIF common areas which include, but are not
limited to: parks, schools, paseos and open
space lots
*Construction of pedestrian bridges Pedestrian bridge connecting Village One to
Village Five, Village One to Village Two and
Village Five to ViIlaee Six
*Removal of temporary improvements "Temporary Roadway" (Santa Madera Avenue
*Restoration of the area to original conditions between Telegraph Canyon Road and Morgan
Hill Drive
*Construction offull street improvements Permanent public road connecting Filmore St.
to East Oranee Ave.
*Construction offull improvements Transit stop facilities in Villaees One and Five
* AcquisitionlDedication of off site drainage Poggi Canyon Channel (onsite and off site ) and
easement detention basin .
*Construction and maintenance (prior to City
acceptance)
*Construction and maintenance (prior to City Telegraph Canyon Channel detention basin
acceotance)
* AcquisitionlDedication of off site sewer Poggi Canyon Sewer Interceptor (onsite and
easement offsite)
*Upgrading of the existing Poggi Canyon
Interceptor required to accommodate C.V.T. ,
96-04 flows
*Construction of the improvements required to
connect C. V.T 96-04 to the existing Poggi
Canvon sewer imorovements (near 1-805)
*Installation of interconnect wiring Traffic signals along Telegraph Canyon Rd. at
the intersections with St. Claire Dr., Otav
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Lakes Rd. and Paseo Ranchero
.Construction of full landscaping and irrigation Open space lots
imorovements
.Construction of full trail improvements Regional trail system
Security satisfactory to the City shall be provided for the above backbone facilities when their
construction is triggered as identified in the approved Improvement Phasing Schedule.
In addition to the foregoing, security satisfactory to the City shall be provided to guarantee the
construction of the fo\1owing First Phase Backbone Facilities:
1.) One-half of the improvements in East Palomar Street between Paseo Ranchero and La
Media including the two full traffic circles in Village One prior to approval of the first "B" Map
for Vi\1age One.
2.) The remaining improvements in East Palomar Street within Village One at the time
the trigger point is reached in the PFFP for the corresponding "B" Map.
3.) Full improvements in East Palomar Street between La Media and East Orange Avenue
in Village Five at the time the trigger point is reached in the PFFP for the corresponding "B"
Map.
4.) Fair share of fu\1 improvements for the pedestrian bridge connecting Village One to
Village Five and fair share of one half of the improvements for the pedestrian bridges connecting
Village One to Village Two and Village Five to Village Six, prior to the approval of the first final
"B"Map.
The amount of the security for the above noted improvements shall be 110% times a construction
cost estimate approved by the City Engineer if improvement plans have been approved by the
City, 150% times the approved cost estimate if improvement plans are being processed by the
City or 200% times the construction cost estimate approved by the City Engineer if improvement
plans have not been submitted for City review. A lesser percentage may be required if it is
demonstrated to the satisfaction of the City Engineer that sufficient data or other information is
available to warrant such reduction.
SCHOOLS
110. Prior to the approval of the first final "B" Map, the applicant shall prepare and submit an
application for an amendment to the Otay Ranch General Development Plan replacing the Village
Seven High School location with a site in either the area west of Paseo Ranchero in Village One
or the northern portion of Village Two. The applicant shall enter into a supplemental agreement
prior to approval of the first final map in which applicant agrees to the following: The City shall
not issue building permits for more than 1,400 units within SPA One until the City has acted on
the proposed plan amendment unless the District consents to the further issuance of such permits.
The Applicant shall deliver to the School District a graded high school site including utilities
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provided to the site and an all weather access road acceptable to the District prior to issuance of
the 2,650th building permit (504 students) or upon written request by the District not prior to
1,800 permits. The all weather access road shall also be acceptable to the Fire Department. This
schedule is subject to modification by the School District as based on District facility needs.
III. The Applicant shall deliver to the School District, a graded elementary school site
including utilities provided to the site and an all weather access road acceptable to the District,
located within Village One, prior to issuance of the SOOth residential building permit (ISO
students). The all weather access road shall also be acceptable to the Fire Department. This
schedule is subject to modification by the School district as based on District facility needs.
112. The Applicant shall deliver to the School District, a graded elementary school site
including utilities provided to the site and an all weather access road acceptable to the District,
located within Village Five, prior to issuance of the 2, SOOth residential building permit (750
students). The all weather access road shall also be acceptable to the Fire Department. This
schedule is subject to modification by the School District as based on District facility needs.
113. The applicant shall deliver to the School District, a graded elementary school site
including utilities provided to the site and an all weather access road acceptable to the District,
located west of Paseo Ranchero, prior to issuance of the 4,500th residential building permit
(1,350 students). The all weather access road shall also be acceptable to the Fire Department.
This schedule is subject to modification by the School District as based on District facility needs.
l\fiSCELLANEOUS
114. Include in the Declaration of Covenants, Conditions and Restrictions (CC&Rs) provisions
assuring maintenance of all streets, driveways, drainage and sewage systems which are private. The
City of Chula Vista shall be named as party to said Declaration authorizing the City to enforce the
terms and conditions of the Declaration in the same manner as any owner within the subdivision. The
CC&R's shall also include language which states that any proposal by the HOA for dedication or
conveyance for public purposes ofland used for private streets will require prior written approval of
100"10 of all the Homeowners' Association members. '
lIS. Submit copies of Final Maps and improvement plans in a digital format such as (DXF) graphic
file prior to approval of each Final Map. Provide computer aided Design (CAD) copy of 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 <ir 3-1/2" disks prior to the approval of
each Final Map.
116. Tie the boundary of the subdivision to the California System -Zone VI (1983).
117. Prior to approval of the first final map the developer shall submit and obtain the approval
of the City of a master final map ("A" Map) over the entire approved tentative map, showing
"super block" lots corresponding to the units and phasing or combination of units and phasing
thereof Said" A" map shall also show the backbone street dedications and utility easements
required to serve the "super block" lots. All "super" block lots created shall have access to a
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dedicated public street. Said" A" map shall not be considered the first map as indicated in other
conditions of approval unless said map contains single or multiple family lots or a subdivision of
the multiple family lots shown on the tentative map. A lot line adjustment, if utilized in
accordance with City standards and procedures, shall not be considered the first "A" Map.
The subsequent development of a multiple family lot which does not require the filing of a "B"
Map shall meet, prior to issuance of a building permit for that lot, all the applicable conditions of
approval of the tentative map, as determined by the City Engineer. Construction of non-backbone
streets adjacent to multiple family lots will not need to be bonded for with the final "A" Map
which created such lot. However, such improvements will be required to be constructed under
the Municipal Code provisions requiring construction of street improvements under the design
review and building permit issuance processes.
In the event of a filing of a final map which requires oversizing (in accordance with the restrictions
of state law and City ordinances) of the improvements necessary to serve other properties, said
final map shall be required to install all necessary improvements to serve the project plus the
necessary oversizing of facilities required to serve such other properties.
118. Signage shall be provided at Bouquet Canyon Drive and the pedestrian paseo in Village
Five and at Stanislaus Drive and the pedestrian paseo in Village One which alerts motorists to a
pedestrian mid-block crossing. A signage plan indicating the location and content of said signs
shall be reviewed and approved by the Planning Director prior to approval of the appropriate final
"B" Map, as determined by the Planning Director and City Engineer.
I 19. The Applicant shall secure approval of a Master Precise Plan for the Village One and
Village Five Core Areas, prior to submitting any development proposals for commercial, multi-
family and Community Purpose Facility areas within the SPA One Village Cores.
120. Pursuant to the provisions of the Growth Management Ordinance (Section 19.09 of the
CYMC) and the Otay Ranch General Development Plan (GDP), the Applicant shall complete the
following: (1.) Fund the preparation of an annual report monitoring the development of the
community of Otay Ranch. The annual monitoring report will analyze the supply of, and demand
for, public facilities and services governed by the threshold standards. An annual review shall
commence following the first fiscal year in which residential occupancy occurs and is to be
completed during the second quarter of the following fiscal year. The annual report shall adhere
to those guidelines noted on page 353, Section D of the GDP/SRP; and (2.) Prepare a five year
development phasing forecast identifying targeted submittal dates for future discretionary
applications (SPAs and tentative maps), projected construction dates, corresponding public
facility needs per the adopted threshold standards, and identifying financing options for necessary
facilities.
121. The owners of each Village shall be responsible for retammg a project manager to
coordinate the processing of discretionary permit applications originating from the private sector
and submitted to the City of Chula Vista. The project manager shall establish a formal submittal
package required of each developer to ensure a high standard of design and to ensure consistency
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with standards and policies identified in the adopted SPA Plan. The project manager shall have a
well rounded educational background and experience, including but not limited to land use
planning and architecture.
122. The applicant shall submit copies of any proposed C. C. and R's for review and approval by the
Director of Planning and the City Engineer prior to approval of each final "B" Map.
123. Fully accessible handicap access shall be provided at the ends of the following cul-de-sacs:
Artesia Street, G1endora Court, Calistoga Avenue, Monte Sereno Avenue, Antioch Avenue, Coalinga
Court, Westmoreland Street, Cordelia Street, Iowa Hill Court, Live Oak Street, Marion Court, Lodi
Court, Larkspur Court, Santa Lucia Road, Parker Mountain Road, Geyserville Street, Escalon Court,
Sheep Ranch, Meeks Bay Drive, Harrills Mill Avenue and Volcano Creek Road.
Access via stairs shall be provided at the ends of the following cul-de-sacs: Stanislaus Drive, Amador
Street, W oodsford Court, Lockeport Court, Clovis Court, Millbrae Court, Mayfield Court, Cache
Creek Road, Jedediah Road, Kingsburg Avenue and Lassen Peak Street
124. The CPF-2 site located within Village One, shall be considered a floating designation and shall
be located in Neighborhood R-15. Project design for this site will be submitted, reviewed and
approved by the Director of Planning concurrently with the Precise Plan for this area.
125. Ifdeveloper desires to do certain work on the property after approval of the tentative map but
prior to recordation of the applicable final "B" Map, they may do so by obtaining the required
approvals and permits from the City. The permits can be approved or denied by the City in accordance
with the City's Municipal Code, regulations and policies. Said permits do not constitute a guarantee
that subsequent submittals (i.e., final "B" Map and improvement plans) will be approved. All work
performed by the developer prior to approval of the applicable "B" Map shall be at developer's own
risk. Prior to permit issuance, the developer shall acknowledge in writing that subsequent submittals
(i.e., final "B" Map and improvement plans) may require extensive changes, at developers cost, to
work done under such early permit. The developer shall post a bond or other security acceptable to
the City in an amount determined by the City to guarantee the rehabilitation of the land if the applicable
final "B" Map does not record.
PHASING
126. If the applicant modifies the SPA One approved phasing plan, the applicant shall submit to the
City a revised phasing for review and approval prior to approval of the first final "B" Map. The PFFP
shall be revised where necesslll)' to reflect the revised phasing plan
127. If phasing is proposed within an individual map or through multiple final maps, the developer
shall submit and obtain approval for a development phasing plan by the City Engineer and Director of
Planning prior to approval of any final map. Improvements, facilities and dedications to be provided
with each phase or unit of development shall be as determined by the City Engineer and Director of
Planning. The City reserves the right to require said improvements, facilities andlor dedications as
necessary to provide adequate circulation and to meet the requirements of police and fire departments.
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The City Engineer and Planning Director may, at their discretion, modifY the sequence of improvement
construction should conditions change to warrant such a revision.
128. The Public Facilities Finance Plan or revisions hereto shall be adhered to for the SPA and
tentative map with improvements installed in accordance with said plan or as required to meet
threshold standards adopted by the City of Chula Vista. The PFFP identifies a facility phasing plan
based upon a set of assumptions concerning the location and rate of development within and outside of
the project area. Throughout the build-out of SPA One, actual development may differ from the
assumptions contained in the PFFP (i.e., the development ofEastLake III). Neither the PFFP nor any
other SPA One document grant the Applicant an entitlement to develop as assumed in the PFFP, or
limit the SPA One's facility improvement requirements to those identified in the PFFP. Compliance
with the City of Chula Vista threshold standards, based on actual development patterns and updated
forecasts in reliance on changing entitlements and market conditions, shall govern SPA One
development patterns and the facility improvement requirements to serve such development. In
addition, the sequence in which improvements are constructed shall correspond to any future Eastern
Chula Vista Transportation Phasing Plan or amendment to the Growth Management Program and
Ordinance adopted by the City. The City Engineer may modifY the sequence of improvement
construction should conditions change to warrant such a revision. Concurrent with the approval of the
first final map approved after the PFFP for the EastLake ill GDP Area, the Applicant shall update, at
the Applicant's expense and subject to a Reimbursement Agreement, the SPA 1 PFFP and agrees that
the City Engineer may change the timing of construction of the public facilities, including without
limitation, the nature, sizing, extent and timing for the construction of public facilities caused by SPA
One, shall become a condition for all subsequent SPA One entitlements, including tentative and final
maps.
CODE REQUIREMENTS
129. 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.
130. Underground all utilities within the subdivision in accordance with Municipal Code
requirements.
131. Pay the following fees in accordance with the City Code and Council Policy:
a. The Transportation and Public Facilities Development Impact Fees.
b. Signal Participation Fees.
c. All applicable sewer fees, including but not limited to_sewer connection fees.
d. Interim SR-125 impact fee
e. Telegraph Canyon Sewer Basin DIF.
f Poggi Canyon Sewer Basin DIF as may be adopted by the City in the future.
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g. Telegraph Canyon Basin Drainage DIF.
h. Reimbursement District for Telegraph Canyon Road Phase 2 Undergrounding.
i. Otay Ranch Reserve Fund fee.
Pay the amount of said fees in effect at the time of issuance of building permits.
132. Comply with all relevant Federal, State, and Local regulations, including the Clean Water Act.
The developer shall be responsible for providing all required testing and documentation to demonstrate
said compliance as required by the City Engineer.
133. Ensure that prospective purchasers sign a "Notice of Special Taxes and Assessments" pursuant
to Municipal Code Section 5.46.020 regarding projected taxes and assessments. Submit disclosure
form for approval by the City Engineer prior to Final Map approval.
134. Comply with Council Policy No. 570-03 if pump stations for sewer purposes are proposed.
135. Comply with Council Policy No. 522-02 regarding maintenance of natural channels within
open spaces.
136. The applicant shall comply with all aspects ofthe City of Chula Vista Landscape Manual.
137. The Applicant shall comply with Chapter 19.09 of the Chula Vista Municipal Code
(Growth Management) as may be amended from time to time by the City. Said chapter includes
but is not limited to: threshold standards (19.09.04), public facilities finance plan implementation
(19.09.090), and public facilities finance plan amendment procedures (19.09.100).
The applicant acknowledges that the City is presently in the process of amending its Growth
Management Ordinance to add a proposed Section 19.09.105, to establish provisions necessary to
ensure compliance with adopted threshold standards (particularly traffic>, prior to construction of
State Route 125. Said provisions will require the demonstration, to the satisfaction of the City
Engineer, of sufficient street system capacity to accommodate a proposed development as a
prerequisite to final map approval for that development, and the applicant hereby agrees to
comply with adopted amendments to the Growth Management Ordinance.
138. Upon submittal of building plans for small lot single family (5,000 square feet or less as
defined in the City of Chula Vista Design Manual) residential development, plans shall clearly
indicate that 750 square feet of private open space will be provided.
13 9. The applicant shall apply for and receive a take permit from the appropriate resource
agencies or comply with an approved MSCP or other equivalent 10(a) permit applicable to the
property.
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140. All proposed development shaH be consistent with the Otay Ranch SPA One Planned
Community District Regulations.
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1\- 2.O(.p
,
COMPARISON OF OTAY RANCH STREET CLASSIFICATIONS
TO CITY STREET CLASSIFICATIONS
FOR DETERMINATION O.F DESIGN STANDARDS TO BE UTILIZED IN
. .
TENTATIVE MAP AND IMPROVEMENT PLAN PREPARATION
FOR OTAY RANCH USE DESIGN STANDARDS FOR CITY
CLASSIFICATION OF . STREET CLASSIFICATION OF
Scenic Corridor I. Prime Arterial
Prime Afterial Prime Arterial
Primary Village Entry Class I Collector .
Secondary Village Entry Class II Collector
Village Cora . Class I Collector
Residential Promenade Class 11\ Collector
Core Promenade Residential .
Village Main R.esidential
.Village Plaza Residential
Residential A and B - Residential
Alley Alley Standards . .
."_.:_- --
Exnibit A
II - '2-0'7
LAW OFFICES OF
::12//
PAUL. HASTINGS. JANOfSKY & ~LKER LLP
A LI..,n:D LIABILITY "A"TNE"SH'" INCLUDINC ....O..ESSION...L CO..PO.....TIONS
NOV I 0
"'OBE:"'T ... HAST,NGS 119'0-1996)
COuNSEL
L.EE G. PAUL
Le:ONA"'D 5 ..IANOF"SKY
CHARLES M, W"'LKER
555 SOUTH FLOWER STREET
FACSIMILE: (213) 627-0705
343 SANSOME ST.. STE. 1220 .
SAN ~,:::LA.-NCI5CO, CALIF"ORNIA 9410....-1363
TELEPHONE 1....15) ....45-7777
-\299 OCEAN AVE:N-ljiE --- - _-1
SANTA MONICA, CALIFORNIA 90401-1078
TELEPHONE 1310) 319-3300
LOS ANGELES, CALIFORN1A 90071~2371
TELEPHONE (213) 683-6000
600 PEACHTREE ST.. N,E., STE. 2....00
ATLANTA. GEORGIA 30308-2222
TELEPHONE (....0....1 815-2....00
INTERN ET www.phjw.com
lOSS WASHINGTON BOULEVARD
STAMFORO, CONNECTICUT 06901-2<'!17
TELEPHONE (<'!031 961-74-00
695 TOWN CENTER ORIVE
COSTA MESA, CALII'"ORNIA 92626-192....
TELEPHONE (714-) 668-6200
~-
ARK MORt-e~, 30TH FLOOR
12-32, AKASAKA I-CHOME
MINATO_KU, TOKYO 107, JAPAN
TELEPHONE (031 3507-0730
399 PARK AVENUE
NEW YORK, NEW YORK 10022-4697
TELEPHONE 1212) 31S-6000
November 14, 1996
1299 PENNSYLVANIA AVENUE, N.W
WASHiNGTON, O.C. 2000....-2....00
TELEPHONE (202) 508-9500
WRITER'S DIRECT ACCESS
OUR FILE NO
(213) 683-6103
21784.61555
VIA FACSIMILE
Mayor Shirley Horton
Chula vista City Council
276 Fourth Avenue
Chula Vista, California 91910
Re: Otav Ranch Tentative Map - Nov. 19 Acrenda
Dear Mayor Horton and Honorable Councilmembers:
We are writing on behalf of West Coast Land Fund
L.P. ("West Coast") regarding the otay Ranch matters on the
Council's November 19th agenda. By a foreclosure sale on
August 23, 1996, West Coast became the owner of
approximately 1,034 acres in the middle of Otay Ranch, which
bisects the SPA One Plan area proposed by Village
Development for subdivision.
Since acquiring the property, West Coast has been
assembling a development team to prepare and propose a new
development plan for its land, beginning with 288 acres in
SPA One which includes the village core area of village 5.
This new development plan would be a high quality and
economically viable project, with its own distinct theme and
amenities, which will benefit not only the applicant and the
city but also surrounding neighbors. The previous plan
proposed by village Development for West Coast's 288 acres
in SPA One is not economically feasible to develop, given
the property's high concentration of multi-family units
(1,632), public facility lands (24.2 acres), and proposed
open space conveyance requirements (dedicate 1.18 acres for
every acre developed), particularly given the significant
infrastructure requirements (La Media Road, bridge
connections, and main utility lines) for this property.
/l.2og
Mayor shirley Horton
Chula vista city council
November 14, 1996
Page 2
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These multiple" burdens on the land "were conceivea
of at a time when neo-traditional transit villages seemed
more promising and the Ranch's 23,000 acres were unified ~n
ownership. As the single property owner/developer of the
Ranch, Village Development received entitlements to develop
more traditional single family neighborhood areas on other
lands that it owned, including sensitive habitat lands in
other areas of the Ranch, outside of SPA One, as a trade-off
for agreeing to burden its more developable land (e.g., West
Coast's acreage in SPA One) with infrastructure, high
density and unrelated (i.e., no nexus) conveyance
obligations.
Now that ownership of the 23,000 acres has been
severed through various means, such as West Coast's
foreclosure, the various exactions and burdens imposed on
such properties under the rationale of unified ownership,
must be reconsidered. The otay Ranch matters before the
council on its November 19th agenda have an impact on this
effort:
.'
Revised Tentative Map
The revised Tentative Map sought by Village
Development, which surfaced in August, 1996, when West
Coast's foreclosure was imminent, carves out West
Coast's 288 acres in the middle of SPA One and proposes
development of village Development's land plan right up
to the boundaries of West Coast's land. The city staff
has recommended that the area to be subdivided be
limited to village 1 and Phase I-A and an adjoining
portion of Phase 2-A in Village 5 in order to allow for
future flexibility to replan village 5. The Planning
commission made a more limited recommendation to allow
subdivision of village 1 and Phase I-A of village 5
only. A provision (Section 5.2.4) has been inserted
into the revised Development Agreement with village
Development which requires that entity to "reasonably
cooperate with any amendments to Existing and Future
Discretionary Approvals as may be requested by the city
from time to time." After reviewing the various
proposals in greater depth and the concerns raised in
the staff report, West Coast urges the Council to limit
any subdivision approval at this time to Village 1
only.
//-,'20;
Mayor Shirley Horton
Chula vista city Council
November 14, 1996
Page 3
-.
~-
The City's own laws' (the GDP, the SPA One plan andt~
PC zoning) require villages to be planned and developed
as a unit, under unified ownership or control. _II'! the
case of Village 5, the core of that village, located on
West Coast's acreage, is proposed to be separately
phased and developed from most of the single-family
areas of that village. city staff characterizes the
isolated development of the eastern part of village 5
as "just a large subdivision without the support of the
village core or other amenities that are a key
ingredient of a neo-traditional village." As noted
above, West Coast is in the process of assembling a
development team that will be able to come up with a
development plan for the Village 5 core area that
represents a viable project.
.'
Resource Convevance Aqreement for Villaqe Development
The latest version of this proposed agreement contained
in the November 12th staff report, limits village
Development's open space conveyance obligation to the
Open Space Preserve for SPA One to only 927 acres of
land, based on developable acreage of 819 acres, which
purports to exclude schools, parks, arterials, and
public use areas. However, in the staff reports dated
September 17, 1996 and October 22, 1996, the conveyance
obligation for village Development was listed as
1,252.4 acres, based on developable acreage of 1,054.2
acres. Village Development apparently has reneged on
the commitment that it has made for many years that it
would convey approximately 11,000 acres of open space
land that it owned to a preserve in exchange for
development entitlements on other land that it owned,
which contained sensitive habitat.
The City should demand the full conveyance of promised
open space lands from Village Development in order to
meet the goal of achieving an 11,000 acre preserve.
Village Development owns most of the designated open
space lands. It received entitlements on sensitive
habitat land that it owns based on the promise of such
conveyance. West Coast does not own any of the
conveyance land and the 1,034 acres that it acquired
through foreclosure, not purchase, do not contain
sensitive habitat land. consequently, no nexus exists
I "") ("
/ / ,!..~ / {J
Mayor Shirley Horton
Chula Vista City Council
November 14, 1996
Page 4
~-
that would require West Coast to convey more acreage
than it even owns in order to let Village Development
off the hook from the commitment that it made when lt
owned all the Ranch lands. The proposed amendment to
the RMP II for an in-lieu conveyance fee will not solve
the nexus problem because no nexus exists.
--~
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Pre-Annexation Development Aqreement with Villaqe
Development
It is not clear from the staff report whether this item
is on the Council's agenda. Regarding conveyance of
preserve lands, the latest draft of this agreement
states only that Village Development will comply with
any existing or yet to be adopted Preserve Conveyance
Plan and convey property as set forth in such Plan. In
recent meetings of City and County officials working on
the in-lieu fee proposal and amendment to the RMP II,
the lack of nexus and the need for the exercise of
eminent domain have been discussed. The City should
revise the proposed agreement to require Village
Development to fulfill its long-standing open space
preserve commitment.
Thank you for your consideration in this matter.
VvL;:C:u~ y~~rs~Jw~
Michael S. Woodward ~
for PAUL, HASTINGS, JANOFSKY & WALKER LLP
MSW:cm
cc: John Goss, City Manager
Robert A. Leiter, Director of Planning
Gerald J. Jamriska, Special Projects Manager
Ann Moore, Acting City Attorney
Kim Kilkenny, Village Development
Ed Dailey, Colony Advisors
/'-'1/1
/ I c;:r-
COUNCIL AGENDA STATEMENT
ITEM TITLE:
Item No. 1;2-
city Council Meeting Dat:z2J.'t'!)- %
Ordinance )&. ~ { Amending Otay Ranch Pre- nexation ~c;
Development Agreement Between Otay Ranch, L.P., a
California limited partnership, Village
Development, a California general partnership, and
the city of Chula vista
Deputy City M~r~
City Manager f~~~
4/5 Vote:
Yes
No-1L
SUBMITTED BY:
REVIEWED BY:
On June 25, 1996, the Planning commission and city Council met
jointly and approved a development agreement for the above parties.
There is now a mutual desire (by Village Development and Otay L.P.)
to amend the agreement to further guarantee infrastructure
improvements where the developer wants to create parcels for sale
prior to finalizing the typical final subdivision map. In
addition, on August 20, 1996, the Council asked if the agreement
could be tightened up to head off any problems with regard to any
debt payment that might be levied to make public improvements or
should development be only partially completed on any particular
project. A case in point would be the st. Claire Project on
Telegraph Canyon Road where development was stopped for a time due
to a bankruptcy action.
RECOMMENDATION:
That the city Council place the ordinance on
first reading.
BD/COMMISSION
RECOMMENDATION
At their October 9, 1996 meeting, the
Commission recommended adoption
ordinance.
Planning
of the
DISCUSSION:
On June 25, 1996, the city approved three development agreements
with United Enterprises, Greg Smith, and Village Development, et
al. On August 20, 1996, three additional agreements were placed on
first reading of the ordinance for the Jewels of Charity, SNMB,
Ltd. and the Foundation (those agreements are awaiting signature by
the applicant prior to second reading). On October 1, 1996, the
Council placed on first reading the ordinance for Baldwin Builders,
the trustee for the bankruptcy. These various entities cover the
Otay Ranch Western Parcel land holdings. West Coast Land was
included in the original Village Development Agreement.
/3 ~/
/ /
/2-(
Attached for Council information, Exhibit A is the previous agenda
statement from June 25, 1996 when this Development Agreement was
first considered for Villaqe Development along with other parties.
The basic business terms are explained therein, have not changed,
and will not be readdressed. What is focused on are the changes to
the agreement proposed since City council/Planning commission
approval in June. These changes are all in a strikeout/underline
format in the attached agreement text for ease of reading.
1. overview
with the Baldwin Builders agreement, a number of changes were
added at the request of City Council to help avoid any similar
situations such as st. Claire. The additional language
included the city's ability to withhold action on any of the
applicant's Future Discretionary Approval requests (7.10); a
statement that if development stops on a project and there is
a nuisance, health or safety hazard, the developer agrees to
cure the situation or the city will have the authority to
enter private property as well as public and take correction
action at the developer's expense (7.11); and a requirement
that the developer shall comply with the terms of any
assessment districts and make timely payments thereon or the
city can take any legally authorized action appropriate to
guarantee payment (14). All of these provisions, as well as
other clarifying language the city wanted, have been
incorporated into the VillagejOtay L.P. agreement amendment in
their entirety. These three sections, 7.10, 7.11 and 14 on
Pages 16 and 23 of the Agreement, are the major substantive
changes, plus 7.1 discussed below (see Page 12 of the
Agreement).
2. Request bv Villaqe Development to Not have to Bond at the
Master Subdivision ("A" Map) Showinq "Super Block" lots for
backbone infrastructure facilities. (Section 7.1)
By way of background, on large scale developments there are
usually two levels of final map approvals. The first level is
referred to as the "A" Map and is used to create large parcels
of land or "Super Block" lots to be conveyed to Builders. At
the next level, "B" Maps are prepared. The "B" Map is the
traditional final map that creates smaller lots for sale to
homebuyers.
Normally, a Master Developer dedicates, bonds or constructs
backbone infrastructure such as maj or roads, trunk sewer
lines, project serving drainage facilities or unique features
such as pedestrian bridges, etc. with the "A" map-. This
dedication and improvement guarantee is performed in
conjunction with creating the Super Block Map which creates
parcels for sale to merchant builders. Those builders then
assume the typical improvement requirements associated with
the final "B" map which creates building lots for sale to
homeowners.
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In this instance, Village Development requests that the City
allow it to sell off large parcels to Developers in advance of
guaranteeing the backbone facilities. Village Development can
then satisfy its debt obligations to Bank of America, the
lienholder for the tentative map land, qnd remain viable to
construct the balance of the project. Staff is comfortable
with this arrangement as long as: (1) Village Development,
otay Ranch L.P., or their successor in interest covenant in
the development agreement that it is their sole and separate
responsibility to provide or finance the cost of backbone
facilities required by any final map including both the "A"
and "B" Maps; and (2) Village Development, otay Ranch L.P., or
their successor in interest will provide adequate funds as
determined by the City Engineer for the implementation and
construction of the first phase backbone facilities prior to
approval of the first final "B" map. These provisions are
contained in the text of section 7.1 on Page 12 of the draft
agreement.
3. Impact of Bankruptcv or Foreclosure
A final city issue is what a bankruptcy or foreclosure action
might do to the validity of the already granted Nuisance
Easements by Village Development and the legality of the
Development Agreement itself. sections 7.2.2 and 12.5 address
that possibility. New language has been added stating that
the developer agrees to enter into subordination agreements
with all lenders having a lien on the Property to ensure that
the agreement has a priority position over all other liens.
This will make it clear that the obligations as well as the
rights of the agreement will not be subsequently suspended or
abrogated by a senior lienholder. Subordination agreements
for Property within future SPA plans must be provided to the
City prior to approval of each SPA plan for said Property.
In addition, the
and guarantees
requirements to
approval.
tentative map for
via the Public
be satisfied in
SPA I contains 147
Facility Finance
conjunction with
conditions
Plan and
final map
Fiscal Impact
It isn't possible to quantify the value of the Agreement to the
city or the other parties. Through annexation and the related
property tax, sales tax, etc., the City will realize significant
benefits. Likewise, the Developers benefit from the vesting and
certainty provided by the Agreement to be able to get loans and
sell and develop the Property in accordance with current and future
approvals.
village113
1-39
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ORDINANCE NO. 2691
AN ORDINANCE OF THE CITY OF CHULA VISTA
AMENDING OTAY RANCH PRE-ANNEXATION DEVELOPMENT
AGREEMENT BETWEEN OTAY RANCH, L.P., A
CALIFORNIA LIMITED PARTNERSHIP, VILLAGE
DEVELOPMENT, A CALIFORNIA GENERAL PARTNERSHIP,
AND THE CITY OF CHULA VISTA
WHEREAS, on June 25, 1996, the city Council approved a
Pre-Annexation Agreement between the city of Chula vista and otay
Ranch, L.P., a California partnership, et al pursuant to Ordinance
No. 2679; and
WHEREAS, on June 25, 1996, the Planning commission and
city Council met jointly and approved a development agreement for
the above parties; and
WHEREAS, there is now a mutual desire by the city and
Village Development and Otay Ranch L.P. to amend the agreement to
further guarantee infrastructure improvements where the developer
wants to create parcels for sale prior to finalizing the typical
final subdivision map; and
WHEREAS, in addition, on August 20, 1996, the Council
requested and Otay Ranch, L. P. and village Development agreed that
the agreement"could be revised to address any potential problems
with regard to any debt payment that might be levied to make public
improvements or should development be only partially completed on
any particular project.
NOW, THEREFORE, the city Council of the city of Chula
vista ordains as follows:
SECTION I: The Otay Ranch Pre-Annexation Development
Agreement between otay Ranch, L.P., a California limited
partnership, village Development, a California general partnership,
and the city of Chula vista is hereby amended as set forth in the
Amended Agreement on file in the off ice of the City Clerk as
Document No.
.'SECTION II: The Mayor of the City of Chula vista is
hereby authorized and directed to execute said Amended Agreement
for and on behalf of the city of Chula vista.
SECTION III: This ordinance shall take effect and be in
full force on the effective date of annexation as set forth in the
attached Pre-Annexation Development Agreement as amended.
SECTION IV: The previously approved Pre-Annexation
Development Agreement only between otay Ranch L. P. and village
Development and the city adopted by the City Council by Ordinance
No. 2679 shall be null and void with respect to these parties upon
adoption of this ordinance.
George Krempl, Deputy
Manager
Approved as to form by
~ 'I'v~ A~,^ n
ci ty )02,- L/ Ann Y. Moore, A..ctiiig
!... "City Attorney 7 '
~ 7-7 !/- /&:-4~ /
Presented by
_~ . --./ i!.
PRE-ANNEXATION DEVELOPMENT AGREEMENT
THIS PRE-ANNEXATION DEVELOPMENT AGREEMENT ("Agreement") is
made effective on the date hereinafter set forth below by and among
THE OTAY RANCH, L.P., a California limited partnership, TICER
DEVELOI'HENT Tl'1O, a Culiforniu limited purtnershi]3, by TIeERIIEl.RT,
DIC., a Culiforniu oorporation, its general partner, VILLAGE
DEVELOPMENT, a California general partnership ("Developer") and THE
CITY OF CHULA VISTA, a municipal corporation, who agree as follows:
1. RECITALS.
following facts:
This Agreement is made with respect to the
1.1 Owner. The owners of the properties subject to this
Agreement (hereinafter collectively referred to as "Owner" or as
"Developer") are as follows:
1.1.1 Otay Ranch, L.P. is the owner of approxi-
mately 3,545 acres of undeveloped real property in the
unincorporated area of the County of San Diego ("County"),
described in Exhibits "A" and .ll{;-ll "F", attached hereto and
incorporated herein by this reference.
1.1.2 Tiger Development T\:D is the m:ner of
upproximately 1,031 acreD of undeveloped real property in the
unincorporated ure::t of the County, deDcribed in EJ[hibits "B"
und "e", utt::tohed hereto and incorpor::tted herein by this
reference.
1.1.3 Village Development is the owner of
approximately 35 acres of undeveloped real property in the
unincorporated area of the County, described in Exhibits llBll
"B" and .ll{;-ll "F", attached hereto and incorporated herein by
this reference.
1.2 ci tv. The City of Chula Vista is a municipal
corporation and an incorporated city within the County.
1.3 Code Authorization and Acknowledqments.
1. 3.1 City
Government Code sections
development agreements
certainty for both city
development process.
is authoriZed pursuant to California
65864 through 65869.5 to enter into
for the purpose of establishing
and owners of real property in the
1.3.2 Government Code section 65865 expressly
authorizes a city to enter into a development agreement with
any person having a legal or equitable interest in real
property in unincorporated territory within that city's sphere
of influence for the development of property as provided in
the Development Agreement Law; provided that the agreement
shall not become operative unless annexation proceedings
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annexing the property to the city are completed within the
time specified by the agreement.
1.3.3 City enters into this Agreement pursuant
to the provisions of the California Government Code, its home-
rule powers, and applicable city ordinances, rules, regula-
tions and policies.
1.3.4 ci ty and Owner acknowledge:
Owner acknowledge this Agreement will provide:
city and
1.3.4.1 Certainty in the planning process so
that the property can be developed efficiently. This
will avoid unnecessary waste of resources and increases
in housing and other development costs. The Agreement
will allow comprehensive planning of a large property so
as to make maximum efficient utilization of resources at
the least economic cost to the public;
1.3.4.2 To provide and assure to the City the
participation of Developer in the accelerated, coordinat-
ed and more economic construction, funding and dedication
to the public of certain needed public facilities and
benefits, and to provide for anticipated levels of
service to residents and populations of the property, the
City, and adjacent areas;
1.3.4.3 To provide and assure that the City
receive sales tax revenues, increase in the property tax
base, residential housing and other development, sewer,
water and street facilities;
1.3.4.4 To provide and assure that the city
receives public facilities in excess of project generated
impacts and such facilities shall be of supplemental
size, number capacity or length, which shall be provide
earlier than could be provided either by funds from the
City or than would strictly be necessary to mitigate
project related impacts at any development phase;
1.3.4.5 To provide Developer assurances
regarding the entitlements and regulations that will be
applicable to the development of the property consistent
with the Chula vista General Plan and the otay Ranch
General Development Plan/Subregional Plan;
1.3.4.6 To provide the City the opportunity
to secure immediate annexation of the lands depicted in
Attachment .ll.f}ll "C" and secure a related tax revenue
sharing agreement with the county of San Diego to assure
that development of the properties will generate suffi-
cient tax revenues to offset the costs of providing
services to the properties;
-2- f 2--10
1.3.4.7 To enable the City to secure title to
the land with the boundaries of the property necessary to
complete the Chula vista greenbelt system as defined in
the Chula vista General Plan;
1.3.4.8 To enable the City to advance its
stated goal to identify and secure a site for a potential
four year university;
1.3.4.9 To assure the City that the Developer
will dedicate right-of-way for SR-125, a route which when
constructed will substantially alleviate congestion on 1-
805 and 1-5, and also will facilitate the economic
development of Chula Vista; and
1.3.4.10 To enable the City to prepare and
adopt a Habitat Conservation Plan consistent with the
requirements of the Natural Communities Conservation Act,
including the phased conveyance of open space land to the
Otay Ranch Preserve.
1.4 The Annexation. The City has applied te the Local
1'.'Jency Formation Commiooion ("Ll',FCO") for annenation of Cphere of
InflueRce Planning .'xea 1 "The otay Parcel", PI;:mning ."'rea 2
"Imrerted L" and the Ilary Patric]~ Eotate Parcel (see ,',ttachment
"D"). On July I. 1996. the Local Aqency Formation commission
("LAFCO") approved annexation of Sphere of Influence Planninq Area
1 "The Otav Parcel", Planninq Area 2 "Inverted L" and the Mary
Patrick Estate Parcel (see Attachment "C").
1.5 Sphere of Influence. ~ City application io ~eRding
beferc Ll\FCO to have the Otay 'lalle]' Parcel included ..ithin City's
sphere of influence. On February 3, 199G the Local ~gency
Formation Commiosion approved the inclusion of approJ[imately 7,GOO
acreo into the City Cphere of Influence (Cpherc of InfhlCnce
Planning ~rea 2 and the northern t~o thirds of PlanRing Area 1),
and aeoignated the ota]' River Valley an Village 3 aD special otudy
aroao. on February 5. 1996 and July I. 1996 the Local Aqency
Formation commission approved the inclusion of Planninq Area I.
"The Otay Parcel". into the City Sphere of Influence (Sphere of
Influence Planninq Area 1 "The Otay Parcel". Planninq Area 2
"Inverted L" and the Mary Patrick Estate Parcel - see Attachment
"C") .
1.6 Planninq Documents. On October 28, 1993, City and
County adopted the Otay Ranch General Development Plan/Subregional
Plan ("the GDP") which includes the Otay Ranch Village Phasing
Plan, Facility Implementation Plan, Resource Management Plan and
Service Revenue Plan, for approximately 23,000 acres of the Otay
Ranch, including the otay Valley Parcel and the SNMB, Jewels and
Foundation Properties. The City amended the GDP on June 4, 1996.
-3-
/'2-- - '7
1.6.1 SPA One Plan. On June 4, 1996, the Chula
vista City Council approved the Otay Ranch sectional Planning
Area (SPA) One Plan including the Planned community District
Regulations, Overall Design Plan, village Design Plan, Public
Facilities Plan, Parks, Recreation, open Space and Trails
Plan, Regional Facilities Report, Phase 2 Resource Management
Plan, Non-renewable Energy Conservation Plan, Ranch-wide
Affordable Housing Plan, SPA One Affordable Housing Plan, and
Geotechnical Report.
1.7 Owner Consent. city desires to have the cooperation
and consent of Owner to include the Property in the Annexation in
order to better plan, finance, construct and maintain the infra-
structure for the Otay Valley Parcel; and the Otay Ranch L.P., a
California limited partnership, Tigcr Devclopment T',Jo, il Cillifornia
limited pilrtnerohip, by Tigerheilrt, Inc., il Cillifornia eorporiltion,
ita gencral purtncr, and Village Development, a California general
partnership desire to give their cooperation and consent, provided
that they obtain certain assurances, as set forth in this
Agreement.
1.8 city Ordinance. July 9, 1996 is the date of
adoption by the City Council of Ordinance No. 2679 approving this
Agreement. The ordinance shall take effect and be in full force on
the effective date of Annexation.
2. Definitions.
otherwise requires:
In this Agreement, unless the context
2.1 "Annexation" means the proposed annexation of that
portion of the Otay Ranch into the City as depicted on Exhibit "D".
2.2 "City" means the city of Chula vista, in the County
of San Diego, State of California.
2.3 "County" means the County of San Diego, State of
California.
2.4 "Development Plan" means the GDP.
2.5 "GDP" means the General Development Plan/Subregional
Plan for the otay Ranch, described in Paragraph 1.6, above.
2.6 "Owner" or "Developer" means the person, persons, or
entity having a legal and equitable interest in the. Property, or
parts thereof, and includes Owner's successors-in-interest.
2.7 "Project" means the physical development of the
private and public improvements on the Property as provided for in
the Existing Project Approvals and as may be authorized by the City
in Future Discretionary Approvals.
2.8 "Property". means the real property described in
Paragraphs 1.1.1, 1.1.2, and 1.1.3.
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2.9 The "Term" of this Agreement means the period
defined in Paragraph 3, below.
2.10 "Builder" means developer to whom Developer has sold
or conveyed property within the Property for purposes of its
improvement for residential, commercial, industrial or other use.
2.11 "CEQA" means the California Environmental Quality
Act, California Public Resources Code section 21000, et seq.
Council.
2.12 "City Council" means the City of Chula Vista City
2.13 "Commit" or "Committed" means all of the following
requirements have been met with respect to any public facility:
2.13.1 For a public facility within the City's
jurisdictional boundaries and a responsibility of the develop-
er.
2.13.1.1
the Developer have
public facility;
All discretionary permits required of
been obtained for construction of the
2.13.1.2 Plans for the construction of the
public facility have all the necessary governmental
approvals; and
2.13.1.3 Adequate funds (i.e., letters of
credit, cash deposits, performance bonds or land secured
public financing, including facility benefit assessments,
Mello-Roos assessment districts of similar assessment
mechanism) are available such that the City can construct
the public facility if construction has not commenced
within thirty (30) days of issuance of a notice to
proceed by the Director of Public Works, or construction
is not progressing towards completion in a reasonable
manner as reasonably deemed by the Director of Public
Works.
2.13.2 For a public facility within the City'S
jurisdictional boundaries, but to be provided by other than
Developer.
2.13.2.1 Developer's proportionate share of
the cost of such public facility as defined in the
existing Project Approvals and Future Discretionary
Approvals has been provided or assured by Developer
through the payment or impositions of development impact
fee or other similar exaction mechanism.
2.13.3 For public facility not within City'S
jurisdictional boundaries:
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the cost
existing
Approvals
Developer
of Public
2.13.3.1 Developer's proportionate share of
of such public facility as defined in the
Project Approvals and Future Discretionary
has been provided for or otherwise assured by
to the reasonable satisfaction of the Director
Works.
2.14 "Development Impact Fee (DIF)" means fees imposed
upon new development pursuant to the city of Chula vista
Development Impact Fee Program, for example, including but not
limited to the Transportation Development Impact Fee Program, the
Interim SR-125 Development Impact Fee Program, the Salt Creek Sewer
DIF and,the Public Facilities DIF.
2.15 "Existing Project Approvals" means all discretionary.
approvals affecting the Project which have been approved or
established in conjunction with, or preceding, the effective date
consisting of, but not limited to the GDP, the Chula vista General
Plan, the Otay Ranch Reserve Fund Program adopted pursuant to
Resolution 18288, the SPA One Plan and the Phase II Resource
Management Plan (RMP) , as may be amended from time to time
consistent with this agreement.
2.16 "Final Map(s)" means any final subdivision map for
all or any portion of the Property other than the Superblock Final
Map ("A" Maps).
2.17 "Future Discretionary Approvals" means all permits
and approvals by the city granted after the effective date and
excluding existing Project Approvals, including, but not limited
to: (i) grading permits; (ii) site plan reviews; (iii) design
guidelines and reviews; (i v) precise plan reviews; (v) subdivisions
of the Property or re-subdivisions of the Property previously
subdivided pursuant to the Subdivision Map Act; (vi) conditional
use permits; (vii) variances; (viii) encroachment permits;
(ix) Sectional Planning Area plans; (x) all other reviews, permits,
and approvals of any type which may be required from time to time
to authorize public or private on- or off-site facilities which are
a part of the Project.
2.18 "Planning commission" means the Planning commission
of the City of Chula vista.
2.19 "Preserve Conveyance Plan" means a plan that sets
forth policies and identifies land to be transferred and/or fees to
be paid to insure the orderly conveyance of the Otay Ranch land to
the Preserve Owner Manager. The purpose of the plan is to fulfill
the obligations to convey resource sensitive land, per the criteria
contained in the phase I and II Resource Management Plans and to
mitigate environmental impacts of the Otay Ranch Project.
2.20 "Public Facility"
public facilities described
Implementation Plan.
or "Public Facilities" means those
in the otay Ranch Facility
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2.20.1 "SPA One Plan" means The Otay Ranch
Sectional Planning Area (SPA) One Plan approved by the City of
Chula vista on June 4, 1996, including the Planned Community
District Regulations, Overall Design Plan, Village Design
Plan, Public Facilities Finance Plan, Parks, Recreation, Open
Space and Trails Plan, Regional Facilities Report, Phase 2
Resource Management Plan, Non-renewable Energy Conservation
Plan, Ranch-wide Affordable Housing Plan, SPA One Affordable
Housing Plan, and Geotechnical Report.
2.21 "Subdivision Map Act" means the California
Subdivision Map Act, Government Code section 66410, et seq., and
its amendments as may from time to time be adopted.
2.22 "Substantial Compliance" means that the party
charged with the performance of a covenant herein has sufficiently
followed the terms of this Agreement so as to carry out the intent
of the parties in entering into this Agreement.
2.23 "Threshold" means the facility thresholds set forth
in the City's Municipal Code Section 19.19.040.
3. Term. This Agreement shall become effective as a
development agreement upon the effective date of the Annexation
("the Effective Date"); provided, however, that if the Annexation
does not occur on or before January 1, 1997, this Agreement shall
be null and void. Any of the foregoing to the contrary notwith-
standing, from the date of first reading of the ordinance approving
this Agreement, and unless or until this Agreement becomes null and
void, Owner shall be bound by the terms of Paragraph 4. The Term
of this Agreement for purposes other than Paragraph 4 shall begin
upon the Effective Date, and shall continue for a period of twenty
(20) years ("the Term").
The term shall also be extended for any period of time during which
issuance of building permits to Developer is suspended for any
reason other than the default of Developer, and for a period of
time equal to the period of time during which any action by the
city or court action limits the processing of future discretionary
approvals, issuance of building permits or any other development of
the property consistent with this Agreement.
4. Owner Consent to Annexation. Owner hereby.consents to
and shall cooperate with the applications of City to declare that
the land depicted in Exhibit B Q. is within City's sphere of
influence and to annex the land depicted in Exhibit B Q. to the
city; provided, however, that Owner may withdraw such consent and
withhold further cooperation if the City, prior to the Effective
Date, adopts rules, regulations, ordinances, policies, conditions,
environmental regulations, phasing controls, exactions, entitle-
ments, assessments or fees applicable to and governing development
of the Property which are inconsistent with, or render impractical
development of the Property according to, the Development Plan.
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5. Vested Riqhts. Notwi thstanding any future action or
inaction of the City during the term of this Agreement, whether
such action is by ordinance, resolution or policy of the City,
Owner and Developer shall have a vested right, provided however the
developer is not in default of its obliqations under this Aqree-
ment. and except as may be otherwise provided in this section 5, to
construct the Project in accordance with:
5.1 Existing Project Approvals.
5.2 Development of Propertv. The development of the
Property will be governed by this Agreement and Existing Project
Approvals and such development shall comply and be governed by all
rules, regulations, policies, resolutions, ordinances, and
standards in effect as of the Effective Date subject to the
provisions of section 5.2.1 below. The City shall retain its
discretionary authority as to Future Discretionary Approvals,
provided however, such Future Discretionary Approvals shall be
regulated by the Existing Project Approvals, this Agreement, and
city rules, regulations, standards, ordinances, resolutions and
policies in effect on the Effective Date of this Agreement and
subject to section 5.2.1.
Notwithstanding the foregoing, the city may make such changes to
the city's Growth Management Ordinance applicable to the Project as
are reasonable and consistent with the purpose and intent of the
existing Growth Management Ordinance and which are generally
applicable to all private projects citywide or east of I-805 or
within a specific benefit, fee or reimbursement district created
pursuant to the California Government Code.
5.2.1 New or Amended Rules. Requlations.
Policies. Standards. Ordinances and Resolutions. The city may
apply to the Project, including Future Discretionary Approv-
als, new or amended rules, laws, regulations, policies,
ordinances, resolutions and standards generally applicable to
all private projects east of I-805 or within a specific
benefit fee or reimbursement district created pursuant to the
California Government Code. The application of such new
rules, or amended laws, regulations, resolutions, policies,
ordinances and standards will not unreasonably prevent or
unreasonably delay development of the Property to the uses,
densities or intensities of development specified herein or as
authorized by the Existing Project Approvals. The City may
also apply changes in city laws, regulations, ordinances,
standards or policies specifically mandated by changes in
state or federal law in compliance with section 13.3 herein.
5.2.2 Developer may elect with city's consent,
to have applied to the project any rules, regulations,
policies, ordinances or standards enacted after the date of
this Agreement. Such an election has to be made in a manner
consistent with Section 5.2 of this Agreement.
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5.2.3 Modifications to Existinq Pro4ect Approv-
als. It is contemplated by the parties to this Agreement that
the City and Developer may mutually seek and agree to modifi-
cations to the Existing Project Approvals. Such modifications
are contemplated as within the scope of this Agreement, and
shall, upon written acceptance by all parties, constitute for
all purposes an Existing Project Approval. The parties agree
that any such modifications may not constitute an amendment to
this Agreement nor require an amendment to the Agreement.
5.2.4 Future Discretionary Approvals. It is
contemplated by the parties to this Agreement that the City
and Developer may agree to Future Discretionary Approvals. The
parties agree that any such Future Approvals may not consti-
tute an amendment to this Agreement nor require an amendment
to the Agreement. Developer aqrees to reasonably cooperate
with any amendments to Existinq and Future Discretionary
Approvals as may be requested by the city from time to time.
5.3 Dedication and Reservation of Land for Public
Purposes. Except as expressly required by this Agreement or the
Existing Project Approvals and Future Discretionary Approvals
(excepting dedications required within the boundaries of any parcel
created by the subsequent subdivision of the Property as required
by the Subdivision Map Act), no dedication or reservation of real
property within or outside the Property shall be required by City
or Developer in conjunction with the Project. Any dedications and
reservations of land imposed shall be in accordance with Section
7.2 and Section 7.8 herein.
5.4 Time for Construction and Completion of Pro4ect.
Because the California Supreme Court held in Pardee Construction
Company v. City of Camarillo (1984) 27 Cal.3d 465, that the failure
of the parties to provide for the timing of development resulted in
a later-adopted initiative restricting the timing of development to
prevail over such parties' Agreement, it is the intention of the
parties to this Agreement to cure that deficiency by specifically
acknowledging that timing and phasing of development is completely
and exclusively governed by the Existing Project Approvals,
including the Chula Vista Growth Management Ordinance. The purpose
of the Chula Vista Growth Management Ordinance is to "control the
timing and location of development by tying the pace of development
to the provision of public facilities and improvements to conform
to the City's threshold standards." (Municipal Code Section
19.09. 010A. 7) The findings in support of the Growth Management
Ordinance conclude that the ordinance "does not affect the number
of houses which may be built." (Municipal Code Section
19.09.010B.3) Therefore, the parties acknowledge that the Chula
vista Growth Management Ordinance completely occupies the topic of
development timing and phasing and expressly precludes the adoption
of housing caps, urban reserves or any other means by which the
rate of development may be controlled or regulated. The City
agrees that the Developer shall be entitled to, apply for and
receive all permits necessary for the development of property,
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consistent with the Growth Management Ordinance, Existing Project
Approvals, Future Discretionary Approvals and this Agreement.
5.5 Benefit of vestino. Nothing in this Agreement will
be construed as limiting or impairing Developer's vested right, if
any, to proceed with the development and use of the Property
pursuant to the Federal and state Constitutions, and pursuant to
statutory and decisional law.
5.6 Vestino of Entitlements. All rights conferred by
this Agreement vest with the Effective Date hereof. The approval
of Future Discretionary approvals shall not be deemed to limit
Developer's rights authorized by this Agreement, and once such'
approvals are obtained they shall be vested to the same extent as
the Existing Project Approvals.
6. DEVELOPMENT PROGRAM.
6.1 processino of Future Discretionarv Approvals. city
will accept and diligently process development applications and
requests for Future Discretionary Approvals, or other entitlements
with respect to the development and use of the Property, provided
said applications and requests are in accordance with this
Agreement. City costs for processing work related to the Project,
including hiring of additional city personnel and/or the retaining
of professional consultants, will be reimbursed to City by
Developer.
6.2 Lenoth of Validity of Tentative Subdivision Maps.
Government Code Section 66452.6 provides that tentative subdivision
map(s) may remain valid for a length up to the term of a Develop-
ment Agreement. The city agrees that tentative subdivision maps
for the Property shall be for a term of six (6) years and may be
extended by the City Council for a period of time not to exceed a
total of twenty (20) years and in no event beyond the term of this
Agreement.
6.3 Pre-Final Map Development. If Developer desires to
do certain work on the Property after approval of a tentative map
(for example, grading) prior to the recordation of a final map, it
may do so by obtaining a grading and/or other required approvals
from the City which are authorized by the city prior to. recordation
of a final map. The permit may be approved or denied bv the city
in accordance with the city's Municipal Code. reoulations and
policies and provided Developer is in compliance with this
Aqreement and with the terms of all Existino and Future Discretion-
arv Approvals. In addition. the Developer shall be required to
CUCR permit sRall be issued to Developer, or ita contractor, upon
De~eloper's application, appro~al. and provided Developer posts a
bond or other reasonably adequate security required by city in an
amount determined bv the city to assure the rehabilitation of the
land if the applicable final map does not record.
6.4 Final Maps.
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6.4.1 "A" Maps and "B" Maps. H Developer shall
eo electe, the City ohall aecept and process a master subdivi-
sion or parcel map ("A" Map) for each Villaqe showing "Super
Block" lots and backbone street dedications. "Super Block"
lots shall be consistent with the GDP and subsequent Sectional
Plan Area plans, and shall not subdivide land into individual
single-family lots. All "Super Blocks" created shall have
access to dedicated public streets. The City shall not
require improvement plans in order to record a final map for
any "A" Map lots, but the City ehall require bonding for the
completion of bacJebonc facilitiee prior to reoordinEj' in an
amount to be determined by the City. Following the approval
by City of any final map for an "A" Map lot and its recorda-
tion, Developer may convey the "Super Block" lot. The buyer
of a "Super Block" lot shall then process final improvement
plans and grading plans and a final map ("B" Map) for each
"Super Block" lot which the City shall process if such
documents are in compliance with the City's Municipal Code,
standard policies. and the applicable tentative map. The "B"
Maps shall be in substantial conformance with the related
approved "A" Map. In the instance of the mUlti-family
dwelling unit areas, a separate tentative subdivision map may
be submitted to the City and the "B" Map(s) for these areas
may be submitted to the City after the City Planning
Commission approves said tentative subdivision map.
6.4.2 Recordation of Final Subdivision Map in
Name of Builder or Third Partv. Developer may, if it so
elects, convey to a Builder or third party any "super block"
lot(s) shown on the recorded Superblock Final Map. In such
case, the Builder or third party will (i) process any neces-
sary final improvement and grading plans and a final map for
each such "super block" lot ("B" map), which map City shall
accept and process if such map is in compliance with the
citv's Municipal Code. standard policies, the applicable
tentative map, and the provisions of 7.1 of this Aqreement if
applicable as subsequent phases in a multi-phase project, (ii)
enter into a subdivision improvement agreement with City with
respect to the subdivision improvements which are required for
such super block lot, and (iii) provide security and insurance
satisfactory to city for the completion of the subdivision
improvements. (i v) aqree. in such case. with the City's
consent to complv with the obliqations set forth in 7.1.
6.4.3 Recordation of Final Subdivision Map in
Developer's Name; Transfer of Obliqations Under Subdivision
Improvement Aqreement (s) . If Developer so elects, it may
defer the conveyance of any super block lot to a Builder or
third party until after the final map of such super block lot
has been recorded. If Developer elects to proceed in this
manner, it will enter into City'S standard subdivision
improvement agreement(s) with city for the improvements
required as a condition to the approval of such map(s). Upon
sale to a Builder or third party, if such Builder or third
party assumes Developer's obligations with the City's consent
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under the improvement agreement and provides its own security
and insurance for the completion of the subdivision improve-
ments satisfactory to the city and as approyed by the city,
Developer shall be released from liability under the subdivi-
sion improvement agreement(s) and Developer's security shall
be released.
6.4.4 Transfer of Riqhts and Obliqations of
Development. Whenever Deyeloper conyeys a portion of the
Property, the rights and obligations of this Agreement shall
transfer in accordance with section 15 herein.
7. DEVELOPER'S OBLIGATIONS.
7.1 Condition to Deyeloper's Obliqations to Dedicate. Fund or
Construct Public Facilities. Developer agrees to develop or
provide the public improvements, facilities, dedications, or
reservations of land and satisfy other exactions conditioning the
development of the Property which are set forth hereinbelow. In
addition to any other obliqations the Developer may have.
Developer as its sole and separate responsibility. covenants and
aqrees to provide or finance the cost of backbone facilities as
identified on the appropriate Tentative Map and required bY any
final map (includinq "B" Maps). This requirement may be satisfied
throuqh the construction or financinq of said facilities or with
the city's approyal of any of the followinq: the establishment of
a reimbursement mechanism. a development impact fee proqram. an
assessment mechanism. or other equitable facility financinq proqram
within the city's discretion. This requirement shall be deemed
satisfied in the event that the Builder(s) of a "B" Map expressly
assume the obliqations with the consent of the city to provide said
backbone facilities. For purposes of Tentative Map No.
Developer shall provide. prior to the approval of the first final
"B" map. adequate security as determined bY the city Enqineer for
the construction of those certain backbone facilities set forth in
the conditions of approval for said tentative map. Developer
acknowledqes that as to any future tentative maps. Developer may be
required by city to provide such security at various times durinq
the development process includinq prior to the first final "A" map
in accordance with city's ordinances. policies or requlations. For
purposes of this Section. backbone facilities mean those facilities
such as water. sewer. storm drain and public streets necessary to
serve demands qenerated for the backbone facility beyond that of
any sinqle "B" map. but are not included within a wider area city
development improvement fee proqram.
The obliqations of the Developer. pursuant to this Aqreement. are
condi tioned upon: (i) the city not beinq in default of its
obliqations under this aqreement; and (ii) the city not unreason-
ablY preventinq or unreasonablY delayinq the development of the
property; and (iii) if the Aqreement has been suspended in response
to chanqes in state or federal law or due to said obliqations beinq
suspended pursuant to Section 13.2. said obliqations of Developer
shall be suspended for the same period of time.
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7.2 Dedications and Reservations of Land for PublicPurpos-
es. The policies by which property will be required to be
reserved, dedicated or improved for public purposes are identified
in the Existing Project Approvals. A more precise delineation of
the property to be preserved, dedicated or improved for public
purposes shall occur as part of Future Discretionary Approvals,
consistent with development of property as set forth in Section 5.2
herein.
7.2.1 Dedication of Land for SR 125. Developer
agrees to dedicate land for right-of-way purposes and property
owned by the Developer that is reasonably necessary for the
SR-125 configuration that is generally depicted in the SR-125
draft Environmental Impact Report/Statement and as revised in
the Final Environmental Impact Report/Statement to respond to
engineering, design, environmental and similar constraints.
The dedications shall be to the City or by an alternate method
acceptable to the city at such time as requested by the city.
City agrees that in the event City shall negotiate with
California Transportation Ventures (CTV) or other toll road
builder any participation or advantages to City that City
shall share such rights with subsequent owner/resident of the
property.
7.2.2 Landfill Nuisance Easements. Developer shall
grant to the County by July 1, 1996 "Landfill Nuisance
Easements" substantially in the form attached as Exhibit E.
The Easement shall cover all land which is within the Otay
Landfill Buffer Area of Villages 2, 3 and Planning Area 18B of
the Otay Ranch GDPP as shown on Exhibit E hereto.
In addition, Developer aqrees to enter into subordination
aqreements, acceptable to the Countv. with all lienholders
havinq an interest in the Property to ensure that this
Aqreement has a priority position over all other liens. The
subordination aqreements shall be delivered to the citv prior
to the second readinq of the Ordinance approvinq the Aqree-
ment. If there is no second readinq of this Aqreement. the
citv shall return said subordination aqreements to the
Developer. If the County Board of Supervisors does not accept
or approve said easements, this Aqreement shall be automati-
cally terminated with neither party bearinq any liabilitv
hereunder.
7.2.3 Preserve Convevance Plan. The Developer
shall comply with any existing or yet to be adopted Preserve
Conveyance Plan and convey property as set forth in such Plan.
7.3 Growth Manaqement Ordinance. Developer shall commit the
public facilities and City shall issue building permits as provided
in this section and in accordance with Existinq proiect Approvals
and Future Discretionary Approvals. The City shall have the right
to withhold the issuance of building permits any time after the
City reasonably determines a Threshold has been exceeded, unless
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and until the Developer has mitigated the deficiency in accordance
with the city's Growth Management Ordinance.
Developer agrees that building permits may be withheld where the
public facilities described in the Existing Project Approvals/
Future Discretionary Approvals required for a particular Threshold
have not been committed.
In the event a Threshold is not met and future building permit
issuance may be withheld, the notice provisions and procedures
contained in section 19.09. 100C of the Municipal Code will be
followed. In the event the issuance of building permits is
suspended pursuant to the provisions herein, such suspension shall
not constitute a breach of the terms of this Agreement by Develop-
er. Furthermore, any such suspension which is not caused by the
actions or omissions of the Developer, shall toll the term of this
Agreement as provided for in section 16.12 of this Agreement, and
suspend the Developer's obligations pursuant to this Agreement.
7.3.1 Required Condemnation. The city and Developer
recognize that certain portions of the Resource Preserve and
of the public facilities identified in the Existing project
Approvals/Future Discretionary Approvals and required to
comply with a threshold are located on properties which
neither the Developer nor the City has, or will have, title to
or control of. The city shall identify such property or
properties and at the time of filing of the final map commence
timely negotiations or, where the property is wi thin the
city's jurisdiction, commence timely proceedings pursuant to
Title 7 (commencing with ~ 1230.010) of Part 3 of the Code of
civil Procedure to acquire an interest in the property or
properties. Developer's share of the cost involved in any
such acquisition shall be based on its proportionate share of
the public facility as defined in the Existing Project
Approvals/Future Discretionary Approvals . Notwithstanding the
foregoing, Nnothing in this Agreement shall be deemed to
preclude the city from requiring the Developer to pay the cost
of acquiring such off-site land. For that portion of the cost
beyond the Developer'S fair share responsibility, the city
shall take all reasonable steps to establish a procedure
whereby the developer is reimbursed for such costs beyond its
fair share.
7.3.2 Information Reqardinq Thresholds. Upon
Developer's written requests of the city Manager, the city
will provide Developer with information regarding the current
status of a Threshold. Developer shall be responsible for any
staff costs incurred in providing said written response.
7.4 Improvements Required bv a Tentative Subdivi-
sion Map. As may be required pursuant to the terms of a tentative
subdivision map approval, it shall be the responsibility of
Developer to construct the improvements required by the a subdivi-
sion map. Where Developer is required to construct a public
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improvement which has been identified as the responsibility of
another party or to provide public improvements of supplemental
size, capacity, number or length benefiting property not within the
tentative subdivision map, City shall process for consideration to
approve or deny in its sole discretion a reimbursement agreement to
the Developer in accordance with the Citv's Municipal Code and
Article 6 of Chapter 4 of the Subdivision Map Act, commencing with
Government Code section 66485, and Section 7.5, below. This does
not preclude the Developer or the city from considerinq alternative
financinq mechanisms.
7.5 Facilities Which Are the Obliqations of Another
Party. or Are of Excessive Size. Capacity. Lenqth or Number.
Developer may offer to advance monies and/or construct public
improvements which are the responsibility of another land owner, or
outside the City's jurisdictional boundaries, or which are of
supplemental size, capacity, number or length for the benefit of
land not within the Property. City, where requesting such funding
or construction of oversized public improvements, shall consider
after a public hearing, contemporaneous with the imposition of the
obligation, the formation of a reimbursement district, assessment
district, facility benefit assessment, or reimbursement agreement
or other reimbursement mechanism.
7.6 Pioneerinq of Facilities. To the extent Developer
itself constructs (i.e., "Pioneers") any public facilities or
public improvements which are covered by a DIF Program, Developer
shall be given a credit against DIFs otherwise payable, subject to
the City's Director of Public Works reasonable determination that
such costs are allowable under the applicable DIF Program. It is
specifically intended that Developer be given DIF credit for the
DIF Program improvements it makes. The fact that such improvements
may be financed by an assessment district or other financing
mechanism, shall not prevent DIF credit from being given to the
extent that such costs are allowed under the applicable DIF Program
7.7 Insurance.
insured for all insurance
Project as pertains to the
the Project.
Developer shall name City as additional
policies obtained by Developer for the
Developer's activities and operation on
7.8 Other Land Owners. Developer hereby agrees to
dedicate adequate rights-of-way within the boundaries of the
Property for other land owners to "Pioneer" public facilities on
the Property; provided, however, as follows: (i) dedications shall
be restricted to those reasonably necessary for the construction of
facilities identified in the City's adopted public facility plans;
(ii) this provision shall not be binding on the successors-in-
interest or assignees of Developer following recordation of the
final "Super Block" or "A" Map; and (iii) the City shall use its
reasonable best efforts to obtain agreements similar to this
subsection from other developers and to obtain equitable reimburse-
ment for Developer for any excess dedications.
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7.9 Construction of East-West Access. Pursuant to
City's requirements, Developer is required to pay Transportation
Development Fees (TDIF) for a variety of purposes including
construction of east-west arterial access through the Property
connecting to 1-805. Alternatively, the Developer may be required
to actually construct all or portions of such access if, at the
time of need, the TDIF fund does not contain sufficient revenues to
finance the construction of the needed facilities. Such east-west
arterial access from SPA One to 1-805 could occur on either East
Orange Avenue or on East Palomar Street. It is not now possible to
determine with certainty when it will be necessary to actually
construct the arterials in order to comply with the threshold
requirements because the rate and location.of future development is
unknown. The total cost and length of the arterial, which might be
constructed by the Developer, are unknown at this time because it
cannot be determined if and when development west of the property
(Sunbow) will construct the Western portion of the arterials. Such
uncertainty makes it difficult to plan and finance the orderly
development of the property and needed on-site and off-site
facili ties. To provide greater certainty as to the timing and
construction of east-west arterial access, the City agrees to
reasonably consider in good faith a traffic capacity agreement with
Developer which would reserve traffic capacity for all or part of
SPA One in exchange for Developer's agreement to pioneer all or
part of planned east-west access to SPA One.
7.10 Assurances of Compliance. Owner acknowledqes that
the citv is not required to and will not take anY action on anY of
Owner's applications for Future Discretionary Approvals under this
Aqreement. or any modifications or amendments thereof. until and
unless the city Manaqer determines that the Owner is not in default
of its obliqations under this Aqreement includinq but not limited
to those set forth in section 7.11 and 14.
7.11 Complete Construction. Developer/Builder or any
third party aqree to diliqently complete construction once a
buildinq permit has been issued for Property which is covered bY
this Aqreement. Should construction stop once the buildinq permits
have been issued by the city. which the city in its sole discretion
determines has created a nuisance or fire or safety hazard. the
Deyeloper aqrees to take such steps necessary to cure the nuisance
or h~~ard. Should Developer fail to do so to the city's satisfac-
tion. the city may take what steps it deems necessary to cure the
nuisance or hazard at Developer'S sole cost and expense.
8. DEVELOPMENT IMPACT FEES.
8.1 Existinq Development Impact Fee Proqram Payments.
Developer shall pay to the city a DIF, or construct improvements in
lieu of payment, for improvements which are conditions of a
tentative subdivision map upon the issuance of building permits(s),
or at a later time as specified by city ordinance, the Subdivision
Map Act, or Public Facility Financing Plan (PFFP). The DIF will be
in the amount in effect at the time payment is made and may only be
increased pursuant to Section 8.6 herein.
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8.2 Other Undeveloped Properties. The City will use its
reasonable best efforts to impose and collect, or cause the
imposition and collection of, the same DIF program on all the
undeveloped real properties which benefit from the provision of the
public facility through the DIF program, or provided as a condition
of Project Approvals.
8.3 Use of Development Impact Fee Proqram. The DIF
amounts paid to the City by Developer and others with respect to
the Area of Benefit shall be placed by the City in a capital
facility fund account established pursuant to California Government
Code sections 66000-66009. The City shall expend such funds only
for the Projects described in the adopted fee program as may be
modified from time to time. The City will use its reasonable best
efforts to cause such Projects to be completed as soon as practica-
ble; however, the City shall not be obligated to Use its general
funds for such Projects.
8.4 Withholdinq of Permits. Developer agrees that City
shall have the right to withhold issuance of the building permit
for any structure or improvement on the Property unless and until
the DIF is paid for such structure or improvement.
8.5 Development Impact Fee Credit. Upon the completion
and acceptance by the City of any public facility, the City shall
immediately credit Developer with the appropriate amount of cash
credits ("EDUs") as determined by Developer and City. However, if
the improvements are paid for through an Assessment District, the
City shall credit the Developer with the appropriate number of
Equivalent Dwelling Unit Credits (EDU's). Developer shall be
entitled to apply any and all credits accrued pursuant to this
subsection toward the required payment of future DIF for any phase,
stage or increment of development of the Project.
8.6 Modification of Development Impact Fees. The
parties recognize that from time to time during the duration of the
Agreement it will be necessary for the city to update and modify
its DIF fees. Such reasonable modifications are contemplated by
the City and the Developer and shall not constitute a modification
to the Agreement so long as: (i) the modification incorporates the
reasonable costs of providing facilities identified in the Existing
or Future Project Approvals; (ii) are based upon methodologies in
substantial compliance with the methodology contained in the
existing DIF programs; or other methodology approved by the City
Council following a public hearing; (iii) complies with the
provisions of Government Code sections 66000-66009.
8.7 Standards for Financinq Obliqations of Owner. In
connection with the development of the Property, the following
standards regarding the financing of public improvements shall
apply:
8.7.1 Owner shall participate in the DIF Program
for the Otay Valley Parcel with other owners in proportion to
the total dwelling units or equivalent dwelling units allowed
-17-
1?--2.)
on the Property as compared with the total of such units
allowed on properties in that particular DIF or by some other
equitable methodology decided by the City Council.
8.7.2 The City shall diligently pursue the
requirements that the Eastern Territories' DIF requires
offsite third parties and adjacent jurisdictions to bear their
fair share of all Otay River Valley crossings.
9. CITY OBLIGATIONS.
9.1 Urban Infrastructure. To the extent it is within
the authority and abilitv of the City to provide, city shall
accommodate urban infrastructure to the project, consistent with
Existing Project Approvals. Where it is necessary to utilize city
property to provide urban infrastructure consistent with the
Existing Project Approvals, the City agrees to make such land
available for such uses, provided that the city if it so chooses is
compensated at fair market value for the property. To the extent
that the provision of urban infrastructure is within the authority
of another public or quasi-public agency or utility, the City
agrees to fully cooperate with such agency or agencies to accommo-
date the urban infrastructure, consistent with Existing project
Approvals. Urban infrastructure shall include, but not be limited
to gas, electricity, telephone, cable and facilities identified in
the otay Ranch Facility Implementation Plan.
9.2 Sewer Capacity. The city agrees to provide adequate
sewer capacity for the project, upon the payment of ordinary and
necessary sewer connection, capacity and/or service fees.
9.3 Nuisance Easement. The city shall reasonably
consider with proper environmental review a request to amend the
otay Ranch GDP to relocate, wi thin the property, the land uses
affected by the execution of a "nuisance easement" pursuant to the
Otay Ranch Landfill Agreement, (dated May 15, 1996). This GDP
amendment shall be processed prior to or concurrent with the GDP
amendment covering the landfill buffer area required by the
Landfill Agreement. The amendment shall be deemed vested to the
same extent as Existing project Approvals and shall not require or
constitute an amendment to this Agreement. The Developer agrees to
pay the reasonable city cost for processing the amendments.
10. ANNUAL REVIEW.
10.1 city and Owner Responsibilities. City will, at
least every twelve (12) months during the Term of this Agreement,
pursuant to California Government Code ~65865.1, review the extent
of good faith substantial compliance by Owner with the terms of
this Agreement. Pursuant to California Government Code section
65865.1, as amended, Owner shall have the duty to demonstrate by
substantial evidence its good faith compliance with the terms of
this Agreement at the periodic review. Either city or Owner may
address any requirement of the Agreement during the review.
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I 2- - 2--2-
10.2 Evidence. The parties recognize that this Agreement
and the documents incorporated herein could be deemed to contain
hundreds of requirements and that evidence of each and every
requirement would be a wasteful exercise of the parties' resources.
Accordingly, Developer shall be deemed to have satisfied its good
faith compliance when it presents evidence of substantial com-
pliance with the major provisions of this Agreement. Generalized
evidence or statements shall be accepted in the absence of any
evidence that such evidence is untrue.
10.3 Review Letter. If Owner is found to be in com-
pliance with this Agreement after the annual review, City shall,
within forty-five (45) days after Owner's written request, issue a
review letter in recordable form to Owner ("Letter") stating that
based upon information known or made known to the Council, the City
Planning Commission and/or the City Planning Director, this
Agreement remains in effect and Owner is not in default. Owner may
record the Letter in the Official Records of the County of San
Diego.
review at
conditions
by City or
10.4 Failure of Periodic Review. City's failure to
least annually Owner's compliance with the terms and
of this Agreement shall not constitute, or be asserted
Owner as, a breach of the Agreement.
11.
DEFAULT.
11.1 Events of Default. A default under this Agreement
shall be deemed to have occurred upon the happening of one or more
of the following events or conditions:
made
been
11.1. 1
or furnished
false in any
A warranty, representation or statement
by Owner to City is false or proves to have
material respect when it was made.
11.1.2 A finding and determination by City made
following a periodic review under the procedure provided for
in California Government Code section 65865.1 that upon the
basis of substantial evidence Owner has not complied in good
fai th with one or more of the terms or conditions of this
Agreement.
consider
submitted
11.1.3 City does not accept,
requested development permits
in accordance with the provisions
timely review, or
or entitlements
of this Agreement.
11.1.4 .'1ny other uot or omission by City or O\;ner
\:hioh ID::lteriully interferes ',:ith the terms of this :.grccmcnt.
All remedies at law or in equitv which are consistent with the
provisions of this Aqreement are available to city and Owner
to pursue in the event there is a breach provided. however.
neither party shall have the remedy of monetary damaqes
aqainst the other except for an award of litiqation costs and
attorneys fees.
-19-
h--~ '2 '~
11.2 Procedure Upon Default.
11.2.1 Upon the occurrence of default by the
other party, city or Owner may terminate this Agreement after
providing the other party thirty (30) days written notice
specifying the nature of the alleged default and, when
appropriate, the manner in which said default may be satis-
factorily cured. After proper notice and expiration of said
thirty (30) day cure period without cure, this Agreement may
be terminated. In the event that city's or Owner's default is
not subject to cure within the thirty (30) day period, City or
Owner shall be deemed not to remain in default in the event
that city or Owner commences to cure within such thirty (30)
day period and diligently prosecutes such cure to completion.
Failure or delay in giving notice of any default shall not
constitute a waiver of any default, nor shall it change the
time of default. Notwithstanding any other provision of this
Agreement, City reserves the right to formulate and propose to
Owner options for curing any defaults under this Agreement for
which a cure is not specified in this Agreement.
11.2.2 city does not waive any claim of defect in
performance by Owner if, on periodic review, City does not
propose to modify or terminate this Agreement.
11.2.3 subject to Paragraph 16.12 of this
Agreement, the failure of a third person shall not excuse a
party's nonperformance under this agreement.
11. 2.4 All other remedies at law or in equity
which are consistent with the provisions of this Agreement are
available to City and Owner to pursue in the event there is a
breach.
12. ENCUMBRANCES AND RELEASES ON PROPERTY.
12.1 Discretion to Encumber. This Agreement shall not
prevent or limit Owner in any manner at Owner's sole discretion,
from encumbering the Property, or any portion of the Property, or
any improvement on the Property, by any mortgage, deed of trust, or
other security device securing financing with respect to the
Property or its improvement.
12.2 Mortqaqee Riqhts and Obliqations. The mortgagee of
a mortgage or beneficiary of a deed of trust encumbering the
Property, or any part thereof, and their successors and assigns
shall, upon written request to City, be entitled to receive from
city written notification of any default by Owner of the
performance of Owner's obligations under the Agreement which has
not been cured within thirty (30) days following the date of
default.
12.3 Releases. City agrees that upon written request of
Owner and payment of all fees and performance of the requirements
and conditions required of Owner by this Agreement with respect to
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11-24
the Property, or any portion thereof, City may execute and deliver
to Owner appropriate release(s) of further obligations imposed by
this Agreement in form and substance acceptable to the San Diego
County Recorder and title insurance company, if any, or as may
otherwise be necessary to effect the release. City Manager shall
not unreasonably withhold approval of such release(s).
12.4 Obliqation to Modifv. City acknowledges that the
lenders providing financing for the Project may require certain
modifications to this Agreement and City agrees, upon request from
time to time, to meet with Owner and/or representatives of such
lenders to negotiate in good faith any such requirement for
modification. City will not unreasonably withhold its consent to
any such requested modification.
12.5 Subordination. Developer aqrees to enter into
subordination aqreements with all lenders havinq a lien on the
Property to ensure that the provisions of this Aqreement bind such
lienholders should they take title to all or part of the property
throuqh quit claim deed, sale, foreclosure or any other means of
transfer of property. As a condition precedent to obtaininq the
benefits that accrue to the Developer or the Property under this
Aqreement, this Aqreement by and throuqh said subordination
aqreements shall be prior and superior to such liens on said
Property. Developer shall deliver to the City the fully executed
subordination agreements for the Property within SPA One, in a form
acceptable to the city Attorney and suitable for recording, prior
to approval of the first final map ("A" Map) for SPA One.
Developer shall deliver to the city a fully executed subordination
aqreement for Property within subsequently approved SPA plans in a
form acceptable to the city attorney on or before approval of each
SPA Plan for said Property.
13. MODIFICATION OR SUSPENSION.
13.1 Modification to Aqreement by Mutual Consent. This
Agreement may be modified, from time to time, by the mutual consent
of the parties only in the same manner as its adoption by an
ordinance as set forth in California Government Code sections
65867, 65867.5 and 65868. The term, "this Agreement" as used in
this Agreement, will include any such modification properly
approved and executed.
13.2 Unforeseen Health or Safety Circumstances. If, as
a result of facts, events, or circumstances presently unknown,
unforeseeable, and which could not have been known to the parties
prior to the commencement of this Agreement, city finds that
failure to suspend this Agreement would pose an place the residents
of City in a severe and immedi3te emergency to their immediate
threat to the health or safety of the City's residents or the city.
The followinq shall occur:
13.2.1 Notification of Unforeseen Circumstances.
Notify Developer of (i) City's determination; and (ii) the
-21-
12-K
reasons for city's determination, and all facts upon which
such reasons are based;
13.2.2 Notice of Hearinq. Notify Developer in
writing at least fourteen (14) days prior to the date, of the
date, time and place of the hearing and forward to Developer
a minimum of ten (10) days prior to the hearings described in
section 13.2.3, all documents related to such determination
and reasons therefor; and
13.2.3 Hearinq. Hold a hearing on the deter-
mination, at which hearing Developer will have the right to
address the city council. At the conclusion of said hearing,
city may take action to suspend this Agreement as provided
herein. The city may suspend this Agreement if, at the
conclusion of said hearing, based upon the evidence presented
by the parties, the City finds failure to suspend would place
the recidentc of the City in a cevere and immediate emer~ency
to their health or cafcty. pose an immediate threat to the
health or safety of the City's residents or the city.
13.3 Chanqe in state or Federal Law or Requlations. If
any state or federal law or regulation enacted during the Term of
this Agreement, or the action or inaction of any other affected
governmental jurisdiction, precludes compliance with one or more
provisions of this Agreement, or requires changes in plans, maps,
or permits approved by City, the parties will act pursuant to
sections 13.3.1 and 13.3.2, below.
13.3.1 Notice; Meetinq. The party first becoming
aware of such enactment or action or inaction will provide the
other party(ies) with written notice of such state or federal
law or regulation and provide a copy of such law or regulation
and a statement regarding its conflict with the provisions of
this Agreement. The parties will promptly meet and confer in
a good faith and reasonable attempt to modify or suspend this
Agreement to comply with such federal or state law or regula-
tion.
13.3.2 Hearinq. If an agreed upon modification
or suspension would not require an amendment to this Agree-
ment, no hearing shall be held. Otherwise, the matter of such
federal or state law or regulation will be scheduled for
hearing before the city. Fifteen (15) days' written notice of
such hearing shall be provided to Developer, and the city, at
such hearing, will determine and issue findings on the
modification or suspension which is required by such federal
or state law or regulation. Developer, at the hearing, shall
have the right to offer testimony and other evidence. If the
parties fail to agree after said hearing, the matter may be
submitted to mediation pursuant to subsection 13.3.3, below.
Any modification or suspension shall be taken by the affirma-
tive vote of not less than a majority of the authorized voting
members of the city. Any suspension or modification may be
subject to judicial review in conformance with subsection
16.19 of this Agreement.
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/2-2-(.:,
13.3.3 Mediation of Disputes. In the event the
dispute between the parties with respect to the provisions of
this paragraph has not been resolved to the satisfaction of
both parties following the City hearing required by subsection
13.3.2, the matter shall be submitted to mediation prior to
the filing of any legal action by any party. The mediation
will be conducted by the San Diego Mediation Center; if San
Diego Mediation Center is unable to conduct the mediation, the
parties shall submit the dispute for mediation to the Judicial
Arbitration and Mediation Service or similar organization and
make a good faith effort to resolve the dispute. The cost of
any such mediation shall be divided equally between the
Developer and City.
13.4 Natural Communities Conservation Act (NCCP). The
parties recognize that Developer and the City are individually
negotiating agreements with the United States Fish and wildlife
Service ("USF&W") and the California Department of Fish and Game
pursuant to the ongoing regional effort to implement the Natural
Communities Conservation Act ("NCCP"), locally proposed to be
implemented through the Multi-species Conservation Program
("MSCP"). The parties further recognize that implementation of the
agreements may necessitate modification to the Existing proj ect
Approvals. The City agrees to utilize its best efforts to
implement these agreements, once executed, through the timely
processing of modifications to the Existing Project Approvals as
such modifications apply to Developer's property. The Developer
agrees to pay the reasonable city cost for processing work related
to the modifications. Once such modifications are obtained they
shall be vested to the same extent as Existing Project Approvals.
Such modifications shall be substantially similar to the provisions
contained in Exhibit "F", the May 17, 1996 Administrative draft of
the City of Chula vista SubArea Plan for the MUlti-Species
Conservation Program, except for the proposed deletion of the
Maritime Succulent Scrub restoration requirement [Section 3(b) of
the SubArea Plan (page 27)).
14. DISTRICTS, PUBLIC FINANCING MECHANISMS.
This Agreement and the Existing Project Approvals recognize
that assessment districts, community facility districts, or other
public financing mechanisms, may be necessary to finance the cost
of public improvements borne by this Project. If Developer,
pursuant to the Existing Project Approvals/Future Discretionary
Approvals, is required bv the City to install improvements through
the use of assessment districts, community facility districts, or
other public financing mechanisms, the City shall initiate and take
final action to approve or deny conclude appropriate proceedings
for the formation of such financing district or funding mechanism,
under applicable laws~ er ordinances, or policies. Developer may
request that the City, but the City is not obliqated to, utilize
any other financing methods which may become available under City
laws or ordinances. All costs associated with the consideration
and formation of such financing districts or funding mechanisms
shall be paid by Developer subject to reimbursement, as may be
-23-
12-21
legally authorized out of the proceeds of any financing district or
funding mechanism.
Developer shall complv with the terms of anv assessment
districts or other financinq mechanisms so approved bY the citv for
Property covered bv this Aqreement and shall make timelv pavments
as required bY said financinq mechanism. The citv retains its
riqhts to take anv action it deems reasonablY appropriate to
quarantee payment.
15. ASSIGNMENT AND DELEGATION.
15.1 Assiqnment. Owner shall have the right to transfer
or assign its interest in the Property, in whole or in part, to any
persons, partnership, joint venture, firm, or corporation at any
time during the Term of this Agreement without the consent of city.
Owner also shall have the right to assign or transfer all or any
portion of its interest or rights under this Agreement to third
parties acquiring an interest or estate in the Property at any time
during the Term of this Agreement without the consent of city.
15.2 Deleqation. In addition, Owner shall have the
right to delegate or transfer its obligations under this Agreement
to third parties acquiring an interest or estate in the Property
provided the owner is in compliance with the terms of this
Aqreement and after receiving the prior written consent of the City
Manager, which consent shall not be unreasonably withheldy or
delayedy or conditioned. Provided, however, the city may deny such
release if the city determines that the performance of such
obliqation would be ieopardized bY such transfer. Once the city
Manager has consented to a transfer, delivery to and acceptance by
the City Manager of an unqualified written assumption of Owner's
obligations under this Agreement by such transferee shall relieve
Owner of the obligations under this Agreement to the extent the
obligations have been expressly assumed by the transferee and as
approved bY the city. Such transferee shall not be entitled to
amend this Agreement without the written consent of the entity
that, as of the Effective Date, is Owner, which consent shall not
be unreasonably withheld, delayed, or conditioned. The entity that
is Owner as of the Effective Date, however, shall be entitled to
amend this Agreement without the written consent of such transfer-
ee.
16. MISCELLANEOUS PROVISIONS.
16.1 Bindinq Effect of Aqreement. Except to the extent
otherwise provided in this Agreement, the burdens of this Agreement
bind, and the benef its of this Agreement inure, to City's and
Owner's successors-in-interest and shall run with the land.
16.2 Relationship of city and Owner. The contractual
relationship between city and Owner arising out of this Agreement
-24-
(?- - 2'6
is one of independent contractor and not agency. This Agreement
does not create any third-party beneficiary rights.
16.3 Notices. All notices, demands, and correspondence
required or permitted by this Agreement shall be in writing and
delivered in person, or mailed by first-class or certified mail,
postage prepaid, addressed as follows:
If to city, to:
city of Chula Vista
276 Fourth Avenue
Chula Vista, CA 91910
Attention: City Manager
If to Owner, to:
Jim Baldwin
Otay Ranch, L.P.
Newport Center Dr.,
Newport Beach, CA
Suite 700
92660
with a Copy to:
Kim John Kilkenny
Otay Ranch, L.P.
11975 EI Camino Real, Suite 104
San Diego, CA 92130
City or Owner may change its address by giving notice in writing to
the other. Thereafter, notices, demands, and correspondence shall
be addressed and transmitted to the new address. Notice shall be
deemed given upon personal delivery, or, if mailed, two (2)
business days following deposit in the United States mail.
16.4 Rules of Construction. In this Agreement, the use
of the singular includes the plural; the masculine gender includes
the feminine; "shall" is mandatory; "may" is permissive.
16.5 Entire Aqreement, Waivers, and Recorded Statement.
This Agreement constitutes the entire understanding and agreement
of City and Owner with respect to the matters set forth in this
Agreement. This Agreement supersedes all negotiations or previous
agreements between City and Owner respecting this Agreement. All
waivers of the provisions of this Agreement must be in writing and
signed by the appropriate authorities of City and Owner. Upon the
completion of performance of this Agreement, or its revocation or
termination, a statement evidencing completion, revocation, or
termination signed by the appropriate agents of City shall be
recorded in the Official Records of San Diego County, California.
16.6 Prolect as a Private Undertakinq. It is
specifically understood by City and Owner that (i) the Project is
a private development; (i i) City has no interest in or
responsibili ties for or duty to third parties concerning any
improvements to the Property until City accepts the improvements
pursuant to the provisions of the Agreement or in connection with
subdivision map approvals; and (iii) Owner shall have the full
power and exclusive control of the Property subject to the
obligations of Owner set forth in this Agreement.
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11.--251
16.7 Incorporation of Recitals. The recitals set forth
in Paragraph 1 of this Agreement are part of this Agreement.
16.8 captions. The captions of this Agreement are for
convenience and reference only and shall not define, explain,
modify, construe, limit, amplify, or aid in the interpretation,
construction, or meaning of any of the provisions of this
Agreement.
Owner is
approval
ditioned.
16.9 Consent. Where the consent or approval of City or
required or necessary under this Agreement, the consent or
shall not be unreasonably withheld, delayed, or con-
16.10 Covenant of Cooperation.
cooperate and deal with each other in good
other in the performance of the provisions
City and Owner shall
faith, and assist each
of this Agreement.
16.11 Recordinq. The City Clerk shall cause a copy of
this Agreement to be recorded with the Office of the County
Recorder of San Diego County, California, within ten (10) days
following the Effective Date.
16.12 Delav. Extension of Time for Performance. In
addition to any specific provision of this Agreement, performance
by either City or Owner of its obligations hereunder shall be
excused, and the Term of this Agreement and the Development Plan
extended, during any period of delay caused at any time by reason
of any event beyond the control of City or Owner which prevents or
delays and impacts City's or Owner's ability to perform obligations
under this Agreement, including, but not limited to, acts of God,
enactment of new conflicting federal or state laws or regulations
(example: listing of a species as threatened or endangered),
judicial actions such as the issuance of restraining orders and
injunctions, riots, strikes, or damage to work in process by reason
of fire, floods, earthquake, or other such casualties. If city or
Owner seeks excuse from performance, it shall provide written
notice of such delay to the other within thirty (30) days of the
commencement of such delay. If the delay or default is beyond the
control of city or Owner, and is excused, an extension of time for
such cause will be granted in writing for the period of the
enforced delay, or longer as may be mutually agreed upon.
16.13 Covenant of Good Faith and Fair Dealinqs. No party
shall do anything which shall have the effect of harming or
injuring the right of the other parties to receive the benefits of
this Agreement; each party shall refrain from doing anything which
would render its performance under this Agreement impossible; and
each party shall do everything which this Agreement contemplates
that such party shall do in order to accomplish the objectives and
purposes of this Agreement.
16.14 operatinq
the provisions of this
cooperation between City
Memorandum. The parties acknowledge that
Agreement require a close degree of
and Developer, and that the refinements
-26-
I 2- ~O
and further development of the Project may demonstrate that minor
changes are appropriate with respect to the details of performance
of the parties. The parties, therefore, retain a certain degree of
flexibility with respect to those items covered in general under
this Agreement. When and if the parties mutually find that minor
changes or adjustments are necessary or appropriate, they may
effectuate changes or adjustments through operating memoranda
approved by the parties. For purposes of this section 16.14, the
city Manager, or his designee, shall have the authority to approve
the operating memoranda on behalf of City. No operating memoranda
shall require notice or hearing or constitute an amendment to this
Agreement.
16.15 Time of Essence. Time is of the essence in the
performance of the provisions of this Agreement as to which time is
an element.
16.16 Amendment or Cancellation of Aqreement. This
Agreement may be amended from time to time or canceled by the
mutual consent of City and Owner only in the same manner as its
adoption, by an ordinance as set forth in California Government
Code section 65868, and shall be in a form suitable for recording
in the Official Records of San Diego County, California. The term
"Agreement" shall include any such amendment properly approved and
executed. City and Owner acknowledge that the provisions of this
Agreement require a close degree of cooperation between them, and
that minor or insubstantial changes to the Project and the
Development Plan may be required from time to time to accommodate
design changes, engineering changes, and other refinements.
Accordingly, changes to the Project and the Development Plan that
do not result in a change in use, an increase in density or
intensity of use, cause new or increased environmental impacts, or
violate any applicable health and safety regulations, may be
considered minor or insubstantial by the City Manager and made
without amending this Agreement.
16.17 Estoppel certificate . within 30 calendar days
following a written request by any of the parties, the other
parties to this Agreement shall execute and deliver to the
requesting party a statement certifying that (i) this Agreement is
unmodified and in full force and effect, or if there have been
modifications hereto, that this Agreement is in full force and
effect as modified and stating the date and nature of such
modif ications; (ii) there are no known current uncured defaults
under this Agreement, or specifying the dates and nature of any
such default; and (iii) any other reasonable information requested.
The failure to deliver such a statement within such time shall
constitute a conclusive presumption against the party which fails
to deliver such statement that this Agreement is in full force and
effect without modification, except as may be represented by the
requesting party, and that there are no uncured defaults in the
performance of the requesting party, except as may be represented
by the requesting party.
-27-
1 ?--- 3-1
16.18 Severabilitv. If any material provision of this
Agreement is held invalid, this Agreement will be automatically
terminated unless within 15 days after such provision is held invalid
the party holding rights under the invalidated provision affirms the
balance of this Agreement in writing. This provision will not affect
the right of the parties to modify or suspend this Agreement by
mutual consent pursuant to Paragraph 12.4.
16.19 Institution of Leqal Proceedinq. In addition to any
other rights or remedies, any party may institute legal action to
cure, correct, or remedy any default, to enforce any covenants or
agreements herein, or to enjoin any threatened or attempted violation
thereof; to recover damages for any default or to obtain any remedies
consistent with the purpose of this Agreement. Such legal actions
must be instituted in the superior Court of the County of San Diego,
State of California.
16.20 Attornevs' Fees and Costs. If any party commences
litigation or other proceedings (including, without limitation,
arbitration) for the interpretation, reformation, enforcement, or
rescission of this Agreement, the prevailing party, as determined by
the court, will be entitled to its reasonable attorneys' fees and
costs.
16.21 Hold Harmless. Developer agrees to and shall hold
City, its officers, agents, employees and representatives harmless
from liability for damage or claims for damage for personal injury,
including death, and claims for property damage which may arise from
the direct or indirect operations of Developer or those of its
contractors, subcontractors, agents, employees or other persons
acting on Developer's behalf which relate to the Project. Developer
agrees to and shall defend city and its officers, agents, employees
and representatives from actions for damage caused or alleged to have
been caused by reason of Developer's activities in connection with
the Project. Developer agrees to indemnify, hold harmless, pay all
costs and provide a defense for city in any legal action filed in a
court of competent jurisdiction by a third party challenging the
validity of this Agreement. The provisions of this section 16.21
shall not apply to the extent such damage, liability or claim is
caused by the intentional or negligent act or omission of City, its
officers, agents, employees or representatives.
/2- - 32.....
-28-
Dated this
day of
SIGNATURE PAGE TO PRE-ANNEXATION DEVELOPMENT AGREEMENT
, 1996.
IlCITY"
CITY OF CHULA VISTA
By:
Its:
Mayor
"OWNER"
THE OTAY RANCH, L.P.
a California limited partnership,
by Sky Communities, Inc.
a California corporation,
its general partner
By:
James P. Baldwin, President
VILLAGE DEVELOPMENT
a California general partnership
By:
James P. Baldwin, President
I hereby approve the form and legality
Annexation Development Agreement this
1996.
of the foregoing Pre-
day of
Ann Moore
Interim City Attorney
City of Chula Vista
By:
-29-
\ '2- 33
ITEM TITLE:
/'
Item NO'~'~-)J
city Council Meeting Date ~ /1'I~/71
Ordinance ~ ~ Amending otay Ranch Pre-Annexation
Development Agreement Between Otay Ranch, L.P., a
California limited partnership, Village
Development, a California general partnership, and
the City of Chula vista
SUBMITTED BY: Deputy City Manager~l~
Planning Director /d[ ot=t) ^
Otay Ranch Project Manager ~~ ( ,~~
REVIEWED BY: City Manager 6' 4/5 Vote: Yes NO-L
On June 25, 1996, the Pla~ng Commission and City council met
jo~ntly and approved a development agreement for the above parties.
There is now a mutual desire (by village Development and Otay L.P.)
to amend the agreement to further guarantee infrastructure
improvements w~ere the developer wants to create parcels for sale
prior to finalizing the typical final subdivision map. In
addition, on August 20, 1996, the Council asked if the agreement
could be tightened up to head off any problems with regard to any
debt payment that might be levied to make public improvements or
should development be only partially completed on any particular
project. A case in point would be the st. Claire Project on
Telegraph Canyon Road where development was stopped for a time due
to a bankruptcy action.
COUNCIL AGENDA STATEMENT
RECOMMENDATION:
That the City Council place the ordinance on
first reading.
ED/COMMISSION
RECOMMENDATION
At their October 9, 1996 meeting, the
commission recommended adoption
ordinance.
Planning
of the
DISCUSSION:
On June 25, 1996, the city approved three development agreements
with United Enterprises, Greg smith, and village Development, et
al. On August 20, 1996, three additional agreements were placed on
first reading of the ordinance for the Jewels of Charity, SNMB,
Ltd. and the Foundation (those agreements are awaiting signature by
the applicant prior to second reading). On October I, 1996, the
Council placed on first reading the ordinance for Baldwin Builders,
the trustee for the bankruptcy. These various entities cover the
Otay Ranch Western Parcel land holdings. West Coast Land was
included in the original village Development Agreement.
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Attached for Council information, Exhibit A is the previous agenda
statement from June 25, 1996 when this Development Agreement was
first considered for Villaae Development along with other parties.
The basic business terms are explained therein, have not changed,
and will not be readdressed. What is focused on are the changes to
the agreement proposed since city Council/Planning Commission
approval in June. These changes are all in a strikeout/underline
format in the attached agreement text for ease of reading.
1. Overview
with the Baldwin Builders agreement, a number of changes were
added at the request of City Council to help avoid any similar
situations such as st. Claire. The additional language
included the City'S ability to withhold action on any of the
applicant's Future Discretionary Approval requests (7.10); a
statement that if development stops on a project and there is
a nuisance, health or safety hazard, the developer agrees to
cure the situation or the city will have the authority to
enter private property as well as public and take correction
action at the developer's expense (7.11); and a requirement
that the developer shall comply with the terms of any
assessment districts and make timely payments thereon or the
city can take any legally authorized action appropriate to
guarantee"payment (14). All of these provisions, as well as
other clarifying language the City wanted, have been
incorporated into the Village/Otay L.P. agreement amendment in
their entirety. These three sections, 7.10, 7.11 and 14 on
Pages 16 and 23 of the Agreement, are the major substantive
changes, plus 7.1 discussed below (see Page 12 of the
Agreement) .
2. Request bv Villaae Development to Not have to Bond at the
Master Subdivision ("A" Map) Showina "Super Block" lots for
backbone infrastructure facilities. (Section 7.1)
By way of background, on large scale developments there are
usually two levels of final map approvals. The first level is
referred to as the "A" Map and is used to create large parcels
of land or "Super Block" lots to be conveyed to Builders. At
the next level, "B" Maps are prepared. The "B" Map is the
traditional final map that creates smaller lots for sale to
homebuyers.
Normally, a Master Developer dedicates, bonds or constructs
backbone infrastructure such as maj or roads, trunk sewer
lines, project serving drainage facilities or unique features
such as pedestrian bridges, etc. with the "A" map. This
dedication and improvement guarantee is performed in
conjunction with creating the Super Block Map which creates
parcels for sale to merchant builders. Those builders then
assume the typical improvement requirements associated with
the final "B" map which creates building lots for sale to
homeowners.
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In this instance, Village Development requests that the City
allow it to sell off large parcels to Developers in advance of
guaranteeing the backbone facilities. Village Development can
then satisfy its debt obligations to Bank of America, the
lienholder for the tentative map land, and remain viable to
construct the balance of the project. staff is comfortable
with this arrangement as long as: (1) Village Development,
otay Ranch L.P., or their successor in interest covenant in
the development agreement that it is their sole and separate
responsibility to provide or finance the cost of backbone
facilities required by any final map including both the "A"
and "B" Maps; and (2) Village Development, otay Ranch L.P., or
their successor in interest will provide adequate funds as
determined by the city Engineer for the implementation and
construction of the first phase backbone facilities prior to
approval of the first final "B" map. These provisions are
contained in the text of section 7.1 on Page 12 of the draft
agreement.
3.- Impact of Bankruptcv or Foreclosure
A final city issue is what a bankruptcy or foreclosure action
might do' to the validity of the already granted Nuisance
Easements' by Village Development and the legality of the
Development Agreement itself. Sections 7.2.2 and 12.5 address
that possibility. New language has been added stating that
the developer agrees to enter into subordination agreements
with all lienholders having any interest in the property to
ensure that the agreement has a priority position over all
other liens. This will make it clear that the obligations as
well as the rights of the agreement will not be subsequently
suspended or abrogated by a senior lienholder.
In addition, the
and guarantees
requirements to
approval.
tentative map for
via the Public
be satisfied in
SPA I contains 147
Facility Finance
conjunction with
conditions
Plan and
final map
Fiscal Impact
It isn't possible to quantify the value of the Agreement to the
city or the other parties. Through annexation and the related
property tax, sales tax, etc., the City will realize significant
benefits. Likewise, the Developers benefit from the vesting and
certainty provided by the Agreement to be able to get loans and
sell and develop the Property in accordance with current and future
approvals.
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ORDINANCE NO. 2691
AN ORDINANCE OF THE CITY OF CHULA VISTA
AMENDING OTAY RANCH PRE-ANNEXATION DEVELOPMENT
AGREEMENT BETWEEN OTAY RANCH, L.P., A
CALIFORNIA LIMITED PARTNERSHIP, VILLAGE
DEVELOPMENT, A CALIFORNIA GENERAL PARTNERSHIP,
AND THE CITY OF CHULA VISTA
WHEREAS, on June 25, 1996, the City Council approved a
Pre-Annexation Agreement between the city of Chula Vista and otay
Ranch, L.P., a California partnership, et al pursuant to Ordinance
No. 2679; and
WHEREAS, on June 25, 1996, the Planning commission and
City council met jointly and approved a development agreement for
the above parties; and
WHEREAS, there is now a mutual desire by the City and
Village Development and Otay Ranch L.P. to amend the agreement to
further guarantee infrastructure improvements where the developer
wants to create parcels for sale prior to finalizing the typical
final subdivision map; and
WHEREAS, in addition, on August 20, 1996, the Council
requested and Otay Ranch, L. P. and Village Development agreed that
the agreement'cou1d be revised to address any potential problems
with regard to any debt payment that might be levied to make public
improvements or should development be only partially completed on
any particular project.
NOW, THEREFORE, the City Council of the City of Chula
vista ordains as follows:
SECTION I: The Otay Ranch Pre-Annexation Development
Agreement between Otay Ranch, L.P., a California limited
partnership, Village Development, a California general partnership,
and the City of Chula Vista is hereby amended as set forth in the
Amended Agreement on file in the office of the city Clerk as
Document No.
.'SECTION II: The Mayor of the city of Chula vista is
hereby authorized and directed to execute said Amended Agreement
for and on behalf of the City of Chula vista.
SECTION III: This ordinance shall take effect and be in
full force on the effective date of annexation as set forth in the
attached Pre-Annexation Development Agreement as amended.
SECTION IV: The previously approved Pre-Annexation
Development Agreement only between otay Ranch L. P. and Village
Development and the City adopted by the City Council by Ordinance
No. 2679 shall be null and void with respect to these parties upon
adoption of this ordinance.
Presented by
George Krempl, Deputy city
Manager
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Approved as to form by
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Ann Y. Moore, Acting
City Attorney
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PRE-ANNEXATION DEVELOPMENT AGREEMENT
THIS PRE-ANNEXATION DEVELOPMENT AGREEMENT ("Agreement") is
made effective on the date hereinafter set forth below by and among
THE OTAY RANCH, L.P., a California limited partnership, TICEn
DE'1ELOI'HEllT THO, a California limited partnershij3, by TICEIUIE.'.RT,
DIC., a California eorporatien, its general partner, VILLAGE
DEVELOPMENT, a California general partnership ("Developer") and THE
CITY OF CHULA VISTA, a municipal corporation, who agree as follows:
1. RECITALS.
following facts:
This Agreement is made with respect to the
1.1 Owner. The owners of the properties subj ect to this
Agreement (hereinafter collectively referred to as "Owner" or as
"Developer") are as follows:
1.1.1 Otay Ranch, L.P. is the owner of approxi-
mately 3,545 acres of undeveloped real property in the
unincorporated area of the County of San Diego ("County"),
described' in Exhibits "A" and .Il{;..lI. "F", attached hereto and
incorporated herein by this reference.
1.1.2 Tiger De7eloplllent 1",;0 is ~he o;;ne:: of
apprQ)(imately 1,031 o.eres of undeyelope6. real proper~y in the
unincorporated area sf the csunty, dessribod in Ex..~ibi~s "B"
o.n6. "C", attached hereto and ir.corporateel herein by this
rc.:crcnoc.
1.1.3 Village Development is the owner of
approximately 35 acres of undeveloped real property in the
unincorporated area of the County, described in Exhibits llGll
"B" and llGll "F", attached hereto and incorporated herein by
this reference.
1. 2 ci tv. The city of Chula vista is a municipal
corporation and an incorporated city within the County.
1.3 Code Authorization and Acknowledaments.
1.3.1 city
Government Code sections
development agreements
certainty for both city
development process.
is authorized pursuant to California
65864 through 65869.5 to enter into
for the purpose of establishing
and owners of real property in the
1.3.2 Government Code section 65865 expressly
authorizes a city to enter int~ a development agreement with
any person having a legal or equitable interest in real
property in unincorporated territory within that city's sphere
of influence for the development of property as provided in
the Development Agreement Law; provided that the agreement
shall not become operative unless annexation proceedings
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annexing the property to the city are completed within the
time specified by the agreement.
1.3.3 city enters into this Agreement pursuant
to the provisions of the California Government Code, its home-
rule powers, and applicable city ordinances, rules, regula-
tions and policies.
1. 3 .4 ci ty and Owner acknowledge:
Owner acknowledge this Agreement will provide:
city and
1.3.4.1 certainty in the planning process so
that the property can be developed efficiently. This
will avoid unnecessary waste of resources and increases
in housing and other development costs. The Agreement
will allow comprehensive planning of a large property so
as to make maximum efficient utilization of resources at
the least economic cost to the public;
1.3.4.2 To provide and assure to the city the
participation of Developer in the accelerated, coordinat-
ed anti more economic construction, funding and dedication
to the public of certain needed public facilities and
benefits, and to provide for anticipated levels of
service to residents and populations of the property, the
city, and adjacent areas;
1.3.4.3 To provide and assure that the City
receive sales tax revenues, increase in the property tax
base, residential housing and other development, sewer,
water and street facilities;
1.3.4.4 To provide and assure that the City
receives public facilities in excess of project generated
impacts and such facilities shall be of supplemental
size, number capacity or length, which shall be provide
earlier than could be provided either by funds from the
City or than would strictly be necessary to mitigate
project related impacts at any development phase;
1.3.4.5 To provide Developer assurances
regarding the entitlements and regulations that will be
applicable to the development of the property consistent
wi th the Chula vista General Plan and the Otay Ranch
General Development Plan/Subregional Plan;
1.3.4.6 To provide the City the opportunity
to secure immediate annexation of the lands depicted in
Attachment .1I.ftl1 "C" and secure a related tax revenue
sharing agreement with the County of San Diego to assure
that development of the properties will generate suffi-
cient tax revenues to offset the costs of providing
services to the properties;
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1.3.4.7 To enable the city to secure title to
the land with the boundaries of the property necessary to
complete the Chula vista greenbelt system as defined in
the Chula vista General Plan;
1.3.4.8 To enable the city to advance its
stated goal to identify and secure a site for a potential
four year university;
1. 3.4.9 To assure the city that the Developer
will dedicate right-of-way for SR-125, a route which when
constructed will substantially alleviate congestion on 1-
805 and 1-5, and also will facilitate the economic
development of Chula vista; and
1. 3 . 4 . 10 To enable the city to prepare and
adopt a Habitat Conservation Plan consistent with the
requirements of the Natural Communi ties Conservation Act,
including the phased conveyance of open space land to the
Otay Ranch Preserve.
1.4 . The Annexation. The city has ap~lied ~o thc Local
1'.gcno:) Forma~ion Commis::;ion ("V.FCa") for anncl1ation 0:: Cphere of
Influcncc I'lanniRg' Lrea 1 "The ata:) I'arcel", I'lanRing 1'.rciJ. 2
"Inycrted L" and the Hary I'atriolc Estate I'arcel (see l.~taohlllent
"D") . On Julv 1. 1996. the Local Aqencv Formation Commission
("LAFCO") approved annexation of Sphere of Influence Planninq Area
1 "The Otav Parcel". Planninq Area 2 "Inverted L" and the Marv
Patrick Estate Parcel (see Attachment "C").
1.5 Sphere of Influence. ~ city QPplicat~on is pending
sefore L~Fca to have the atay Valley I'arcel inoluded "ithin City's
sphere of iRfluenoe. an rebruary 5, 199C the Local Agenoy
Formation commissioR approved the inolusion of approximately 7,COO
acres into the city Cphere of Influence (Ephere of Influenoc
I'lanning Area 2 and the northern t~o thirds of I'lanning lIea 1) ,
and designated the atay niver Valley an Village 3 as special study
are:ls. On Februarv 5. 1996 and Julv 1. 1996 the Local Aqencv
Formation commission approved the inclusion of Planninq Area 1.
"The Otav Parcel". into the citv Sphere of Influence (Sphere of
Influence Planninq Area 1 "The Otav Parcel". Planninq Area 2
"Inverted L" and the Marv Patrick Estate Parcel - see Attachment
"e") .
1.6 Planninq Documents. On october 28, 1993, City and
County adopted the Otay Ranch General Development Plan/Subregional
Plan ("the GDP") which includes the Otay Ranch Village Phasing
Plan, Facility Implementation Plan, Resource Management Plan and
Service Revenue Plan, for approximately 23,000 acres of the Otay
Ranch, including the otay Valley Parcel and the SNMB, Jewels and
Foundation properties. The city amended the GDP on June 4, 1996.
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1.6.1 SPA One Plan. On June 4, 1996, the Chula
vista city Council approved the Otay Ranch sectional Planning
Area (SPA) One Plan including the Planned community District
Regulations, Overall Design Plan, Village Design Plan, Public
Facilities Plan, Parks, Recreation, Open Space and Trails
Plan, Regional Facilities Report, Phase 2 Resource Management
Plan, Non-renewable Energy Conservation Plan, Ranch-wide
Affordable Housing Plan, SPA One Affordable Housing Plan, and
Geotechnical Report.
1. 7 Owner Consent. city desires to have the cooperation
and consent of Owner to include the Property in the Annexation in
order to better plan, finance, construct and maintain the infra-
structure for the Otay Valley Parcel; and the otay Ranch L.P., a
california limited partnership, Tiger Deyele!lment 'l".;e, a clllifernb.
limited pllrtncr!;hi!l, by Tigerheart, Inc., a california eerporation,
it!; ~eFleral partner, and Village Development, a California general
partnership desire to give their cooperation and consent, provided
that they obtain certain assurances, as set forth in this
Agreement.
1.8 'citv Ordinance. July 9, 1996 is the date of
adoption by the city Council of Ordinance No. 2679 approving this
Agreement. The ordinance shall take effect and be in full force on
the effective date of Annexation.
2. Definitions.
otherwise requires:
In this Agreement, unless the context
2.1 "Annexation" means the proposed annexation of that
portion of the Otay Ranch into the city as depicted on Exhibit "D".
2.2 "city" means the city of Chula vista; in the county
of San Diego, State of California.
2.3 "county" means the County of San Diego, State .of
California.
2.4 "Development Plan" means the GDP.
2.5 "GDP" means the General Development Plan/ Subregional
Plan for the otay Ranch, described in Paragraph 1.6, above.
2.6 "Owner" or "Developer" means the person, persons, or
entity having a legal and equitable interest in the Property, or
parts thereof, and includes Owner's successors-in-interest.
2.7 "Project" means the physical development of the
private and public improvements on the Property as provided for in
the Existing Project Approvals and as may be authorized by the City
in Future Discretionary Approvals.
2.8 "Property" means the real property described in
Paragraphs 1.1.1, 1.1.2, and 1.1.3.
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2.9 The "Term" of this Agreement means the period
defined in paragraph 3, below.
2.10 "Builder" means developer to whom Developer has sold
or conveyed property within the Property for purposes of its
improvement for residential, commercial, industrial or other use.
2.11 "CEQA" means the California Environmental Quality
Act, California Public Resources Code section 21000, et seq.
2.12 "City Council" means the city of Chu1a vista city
Council.
2.13 "Commit" or "Committed" means all of the following
requirements have been met with respect to any public facility:
2.13.1 For a public facility within 'the city's
jurisdictional boundaries and a responsibility of the develop-
er.
2.13.1.1 All discretionary permits required of
the Developer have been obtained for construction of the
public facility;
2.13.1.2 Plans for the construction of the
public facility have all the necessary governmental
approvals; and
2.13.1.3 Adequate funds (i.e., letters of
credit, cash deposits, performance bonds or land secured
public financing, including facility benefit assessments,
Mello-R'oos assessment districts of similar assessment
mechanism) are available such that the City can construct
the public facility if construction has not commenced
within thirty (30) days of issuance of a notice to
proceed by the Director of Public Works, or construction
is not progressing towards completion in a reasonable
manner as reasonably deemed by the Director of Public
Works.
2.13.2 For a public facility within the city's
jurisdictional boundaries, but to be provided by other than
Developer.
2.13.2.1 Developer's proportionate share of
the cost of such public facility as defined in the
existing Project Approvals and Future Discretionary
Approvals has been provided or assured by Developer
through the payment or impositions of development impact
fee or other similar exaction mechanism.
2.13.3 For public facility not within city's
jurisdictional boundaries:
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the cost
existing
Approvals
Developer
of Public
2.13.3.1 Developer's proportionate share of
of such public facility as defined in the
Project Approvals and Future Discretionary
has been provided for or otherwise assured by
to the reasonable satisfaction of the Director
Works.
2.14 "Development Impact Fee (DIF)" means fees imposed
upon new development pursuant to the City of Chula Vista
Development Impact Fee Program, for example, including but not
limited to the Transportation Development Impact Fee Program, the
Interim SR-125 Development Impact Fee Program, the Salt Creek Sewer
DIF and the Public Facilities DIF.
2.15 "Existing Project Approvals" means all discretionary
approvals affecting the Project which have been approved or
established in conjunction with, or preceding, the effective date
consisting of, but not limited to the GDP, the Chula Vista General
Plan, the otay Ranch Reserve Fund Program adopted pursuant to
Resolution 18288, the SPA One Plan and the Phase II Resource
Management Plan (RMP) , as may be amended from time to time
consistent with'this agreement.
2.16 ,"Final Map(s)" means any final subdivision map for
all or any portion of the Property other than the Superblock Final
Map ("A" Maps).
2.17 "Future Discretionary Approvals" means all permits
and approvals by the city granted after the effective date and
excluding existing Project Approvals, including, but not limited
to: (i) grading permits; (ii) site plan reviews; (iii) design
guidelines and reviews; (iv) precise plan reviews; (v) subdivisions
of the Property or re-subdi visions of the Property previously
subdivided pursuant to the Subdivision Map Act; (vi) conditional
use permits; (vii) variances; (viii) encroachment permits;
(ix) sectional Planning Area plans; (x) all other reviews, permits,
and approvals of any type which may be required from time to time
to authorize public or private on- or off-site facilities which are
a part of the Project.
2.18 "Planning commission" means the Planning Commission
of the city of Chula vista.
2.19 "Preserve conveyance Plan" means a plan that sets
forth policies and identifies land to be transferred and/or fees to
be paid to insure the orderly conveyance of the otay Ranch land to
the Preserve Owner Manager. The purpose of the plan is to fulfill
the obligations to convey resource sensitive land, per the criteria
contained in the phase I and II Resource Management Plans and to
mitigate environmental impacts of the otay Ranch Project.
2.20 "Public Facility"
public facilities described
Implementation Plan.
or "Public Facilities" means those
in the otay Ranch Faci 1 i ty
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2.20.1 "SPA One Plan" means The otay Ranch
sectional planning Area (SPA) One plan approved by the city of
Chula vista on June 4, 1996, including the Planned community
District Regulations, Overall Design Plan, Village Design
Plan, public Facilities Finance Plan, Parks, Recreation, Open
Space and Trails Plan, Regional Facilities Report, Phase 2
Resource Management Plan, Non-renewable Energy conservation
Plan, Ranch-wide Affordable Housing Plan, SPA One Affordable
Housing Plan, and Geotechnical Report.
2.21 "subdivision Map Act" means the
subdivision Map Act, Government code section 66410,
its amendments as may from time to time be adopted.
California
et seq., and
2.22 "substantial Compliance" means that the party
charged with the performance of a covenant herein has sufficiently
followed the terms of this Agreement so as to carry out.the intent
of the parties in entering into this Agreement.
2.23 "Threshold" means the facility thresholds set forth
in the City's.Municipal Code section 19.19.040.
3. Term". This Agreement shall become effective as a
development agreement upon the effective date of the Annexation
("the Effective Date"); provided, however, that if the Annexation
does not occur on or before January 1, 1997, this Agreement shall
be null and void. Any of the foregoing to the contrary notwith-
standing, from the date of first reading of the ordinance approving
this Agreement, and unless or until this Agreement becomes null and
void, owner shall be bound by the terms of paragraph 4. The Term
of this Agreement for purposes other than Paragraph 4 shall begin
upon the Effective Date, and shall continue for a period of twenty
(20) years ("the Term").
The term shall also be extended for any period of time during which
issuance of building permits to Developer is suspended for any
reason other than the default of Developer, and for a period of
time equal' to the period of time during which any action by the
city or court action limits the processing of future discretionary
approvals, issuance of building permits or any other development of
the property consistent with this Agreement.
4. Owner consent to Annexation. Owner hereby consents to
and shall cooperate with the applications of city to declare that
the land depicted in Exhibit B s;. is within city's sphere of
influence and to annex the land depicted in Exhibit 13 s;. to the
city; provided, however, that owner may withdraw such consent and
withhold further cooperation if the city, prior to the Effective
Date, adopts rules, regulations, ordinances, policies, conditions,
environmental regulations, phasing controls, exactions, entitle-
ments, assessments or fees applicable to and governing development
of the Property which are inconsistent with, or render impractical
development of the property according to, the Development Plan.
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5. Vested Riahts. Notwi thstanding any future action or
inaction of the City during the term of this Agreement, whether
such action is by ordinance, resolution or policy of the City,
Owner and Developer shall have a vested right, provided however the
developer is not in default of its obliaations under this Aaree-
ment. and except as may be otherwise provided in this Section 5, to
construct the Project in accordance with:
5.1 Existing Project Approvals.
5.2 Development of Propertv. The development of the
Property will be governed by this Agreement and Existing Project
Approvals and such development shall comply and be governed by all
rules, regulations, policies, resolutions, ordinances, and
standards in effect as of the Effective Date subject to the
provisions of Section 5.2.1 below. The city shall retain its
discretionary authority as to Future Discretionary "Approvals,
provided however, such Future Discretionary Approvals shall be
regulated by the Existing Project Approvals, this Agreement, and
City rules, regulations, standards, ordinances, resolutions and
policies in effect on the Effective Date of this Agreement and
subject to Section 5.2.1.
Notwithstanding the foregoing, the City may make such changes to
the city's Growth Management Ordinance applicable to the Project as
are reasonable and consistent with the purpose and intent of the
existing Growth Management Ordinance and which are generally
applicable to all private projects citywide or east of I-80S or
within a specific benefit, fee or reimbursement district created
pursuant to the California Government Code.
5.2.1 New or Amended Rules. Reaulations.
Policies. Standards. Ordinances and Resolutions. The City may
apply to the Project, including Future Discretionary Approv-
als, new or amended rules, laws, regulations, policies,
ordinances, resolutions and standards generally applicable-to
all private projects east of I-80S or within a specific
benefit fee or reimbursement district created pursuant to the
California Government Code. The application of such new
rules, or amended laws, regulations, resolutions, policies,
ordinances and standards will not unreasonably prevent or
unreasonablv delay development of the Property to the uses,
densities or intensities of development specified herein or as
authorized by the Existing Project Approvals. The City may
also apply changes in city laws, regulations, ordinances,
standards or policies specifically mandated by changes in
state or federal law in compliance with Section 13.3 herein.
5.2.2 Developer may elect with City's consent,
to have applied to the project any rules, regulations,
policies, ordinances or standards enacted after the date of
this Agreement. Such an election has to be made in a manner
consistent with Section 5.2 of this Agreement.
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5.2.3 Modifications to Existinq Proiect Approv-
als. It is contemplated by the parties to this Agreement that
the city and Developer may mutually seek and agree to modifi-
cations to the Existing Project Approvals. Such modifications
are contemplated as within the scope of this Agreement, and
shall, upon written acceptance by all parties, constitute for
all purposes an Existing Project Approval. The parties agree
that any such modifications may not constitute an amendment to
this Agreement nor require an amendment to the Agreement.
5.2.4 Future Discretionary Approvals. It is
contemplated by the parties to this Agreement that the city
and Developer may agree to Future Discretionary Approvals. The
parties agree that any such Future Approyals may not consti-
tute an amendment to this Agreement nor require an amendment
to the Agreement. Developer aqrees to reasonablY cooperate
wi th any amendments to Existinq and Future Discretionary
Approvals as may be requested bY the citv from time to time.
5.3 Dedication and Reservation of Land for Public
Purposes. Except as expressly required by this Agreement or the
Existing proje'ct Approvals and Future Discretionary Approvals
(excepting dedications required within the boundaries of any parcel
created by the subsequent subdivision of the Property as required
by the Subdivision Map Act), no dedication or reservation of real
property within or outside the Property shall be required by City
or Developer in conjunction with the Project. Any dedications and
reservations of land imposed shall be in accordance with section
7.2 and section 7.8 herein.
5.4 Time for construction and Completion of Proiect.
Because the California Supreme Court held in. Pardee Construction
Company v. city of Camarillo (1984) 27 Cal.3d 465, that the failure
of the parties to provide for the timing of development resulted in
a later-adopted initiative restricting the timing of development to
prevail over such parties' Agreement, it is the intention of the
parties to this Agreement to cure that deficiency by specifically
acknowledging that timing and phasing of development is completely
and exclusively governed by the Existing Project Approvals,
including the Chula vista Growth Management Ordinance. The purpose
of the Chula vista Growth Management Ordinance is to "control the
timing and location of development by tying the pace of development
to the provision of public facilities and improvements to conform
to the ci ty' s threshold standards." (Municipal Code section
19.09.010A.7) The findings in support of the Growth Management
Ordinance conclude that the ordinance "does not affect the number
of houses which may be built." (Municipal Code section
19.09.010B.3) Therefore, the parties acknowledge that the Chula
vista Growth Management Ordinance completely occupies the topic of
development timing and phasing and expressly precludes the adoption
of housing caps, urban reserves or any other means by which the
rate of development may be controlled or regulated. The city
agrees that the Developer shall be entitled to, apply for and
receive all permits necessary for the development of property,
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consistent with the Growth Management Ordinance, Existing Project
Approvals, Future Discretionary Approvals and this Agreement.
5.5 Benefit of vestinq. Nothing in this Agreement will
be construed as limiting or impairing Developer's vested right, if
any, to proceed with the development and use of the Property
pursuant to the Federal and state Constitutions, and pursuant to
statutory and decisional law.
5.6 vestinq of Entitlements. All rights conferred by
this Agreement vest with the Effective Date hereof. The approval
of Future Discretionary approvals shall not be deemed to limit
Developer's rights authorized by" this Agreement, "and once such
approvals are obtained they shall be vested to the same extent as
the Existing Project Approvals.
6. DEVELOPMENT PROGRAM.
6.1 processinq of Future Discretionarv Approvals. city
wUl accept and diligently process development applications and
requests for Future Discretionary Approvals, or other entitlements
with respect to the development and use of the Property, provided
said applications and requests are in accordance with this
Agreement. City costs for processing work related to the Project,
including hiring of additional city personnel and/or the retaining
of professional consultants, will be reimbursed to City by
Developer.
6.2 Lenqth of Validity of Tentative Subdivision Maps.
Government Code section 66452.6 provides that tentative subdivision
map(s) may remain valid for a length up to the term of a Develop-
ment Agreement. The city agrees that tentative subdivision maps
for the Property shall be for a term of six (6) years and may be
extended by the city Council for a period of time not to exceed a
total of twenty (20) years and in no event beyond the term of this
Agreement. "
6.3 Pre-Final Map Development. If Developer desires to
do certain work on the Property after approval of a tentative map
(for example, grading) prior to the recordation of a final map, it
may do so by obtaining a grading and/or other required approvals
from the city which are authorized by the city prior to recordation
of a final map. The permit mav be approved or denied bY the city
in accordance with the city's Municipal Code. requlations and
policies and provided Developer is in compliance with this
Aqreement and with the terms of all Existinq and Future Discretion-
ary Approvals. In addition. the Developer shall be required to
SUCR ~ermit sRall be issuea ts Devcl~pcr, or its oontractor, upon
Dcvcloper's application, approval, and prsvidca Devclopcr posts a
bond or other reasonably adequate security required by city in an
amount determined by the City to assure the rehabilitation of the
land if the applicable final map does not record.
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6.4
Final Maps.
6.4.1 "A" Maps and "B" Maps. H Developer shall
DO electo, tHe city ohall acce~t and process a master subdivi-
sion or parcel map ("A" Map) showing "super Block" lots and
backbone street dedications. "Super Block" lots shall be
consistent with the GDP and subsequent sectional Plan Area
plans, and shall not subdivide land into individual single-
family lots. All "super Blocks" created shall have access to
dedicated public streets; The city shall not require improve-
ment plans in order to record a final map for any "A" Map
lots, but ~he city oHall reEIUire senain'3 fer the ce'H\~letion of
bu.c]tDofte facilitic~ prier te rccordinEj" in aR ameun-=. to be
determined by the city. Following the approval by city of any
final map for an "A" Map lot and its recordation, Developer
may convey the "super Block" lot. The buyer of a "Super
Block" lot shall then process final improvement plans and
grading plans and a final map ("B" Map) for each "Super Block"
lot which the city shall process if such documents are in
compliance with the citv's Municipal Code. standard policies.
and the applicable tentative map. The "B" Maps shall be in
substantial conformance with the related approved "A". Map. In.
the instance of the multi-family dwelling unit areas, a
separate tentative. sUbdivision map may be submitted to the
city and the "B" Map(s) for these areas may be submitted to
the city after the city Planning commission approves said
tentative subdivision map.
6.4.2 Recordation of Final Subdivision Map in
Name of Builder or Third Partv. Developer may, if it so
elects, convey to a Builder or third party any "super block"
lot(s) shown on the recorded superblock Final Map. In such
case, the Builder or third party will (i) process any neces-
sary final improvement and grading plans and a final map for
each such "super block" lot ("B" map), which .map city shall
accept and process if such map is in compliance with the
ci tv's Municipal Code. standard policies. the applicable
tentative map. and the provisions of 7.1 of this Aqreement-if
applicable as subsequent phases in a multi-phase project, (ii)
enter. into a sUbdivision improvement agreement with city with
respect to the sUbdivision improvements which are required for
such super block lot, and (iii) provide security and insurance
satisfactory to city for the completion of the subdivision
improvements . (i v) aqree. in such case. with the ci tv's
consent to complv with the obliqations set forth in 7.1.
6.4.3 Recordation of Final SUbdivision Map in
Developer's Name; Transfer of Obliqations Under Subdivision
Improvement Aqreement (s) . If Developer so elects, it may
defer the conveyance of any super block lot to a Builder or
third party until after the final map of such super block lot
has been recorded. If Developer elects to proceed in this
manner, it will enter into city's standard subdivision
improvement agreement(s) with city for the improvements
required as a condition to the approval of such map(s). Upon
sale to a Builder or third party, if such Builder or third
party assumes Developer's obligations with the city's consent
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under the improvement agreement and provides its own security
and insurance for the completion of the subdivision improve-
ments satisfactory to the citv and as approved by the city,
Developer shall be released from liability under the subdivi-
sion improvement agreement(s) and Developer's security shall
be released.
6.4.4 Transfer of Riqhts and Obliqations of
Development. Whenever Developer conveys a portion of the
Property, the rights and obligations of this Agreement shall
transfer in accordance with section 15 herein.
7. DEVELOPER'S OBLIGATIONS.
7.1 Condition to Developer's Obliqations to Dedicate. Fund or
Construct Public Facilities. Developer agrees to develop or
provide the public' improvements, facilities, dedications, or
reservations of land and satisfy other exactions conditioning the
development of the Property which are set forth hereinbelow. In
,addition to any other obliqations the Developer may have, Villaqe
Development. Otav Ranch L.P. or their successor in interest as its
sole and separate responsibilitv. covenants and aqrees to provide
or finance the cost of backbone facilities as identified on the
appropriate Tentative Map and required bv any final map lincludinq
"B" Maps). This requirement mav be satisfied throuqh the construc-
tion or financinq of said facilities or with the citv's approval of
anv of the followinq: the establishment of a reimbursement
mechanism. a development impact fee proqram. an assessment
mechanism. or other equitable facilitv financinq proqram within the
City's discretion. This requirement shall be deemed satisfied in
the event that the Builderls) of a "B" Map expressly assume the
obliqations with the consent of the city to provide said backbone
facili ties. Villaqe Development. Otay Ranch L". P.. or their
successor in interest shall provide adequate funds as determined bY
the CityEnqineer for the implementation and construction of the
first phase backbone facilities prior to the approval of the first
final "B" Map. For purposes of this section. backbone facilities
mean those facilities such as water. sewer. storm drain and public
streets necessary to serve demands qenerated for the backbone
facility beyond that of any sinqle "B" map. but are not included
within a wider area city development improvement fee proqram.
The obliqations of the Developer. pursuant to this Aqreement. are
conditioned upon: Ii) the city not beinq' in default of its
obliqations under this aqreement; and Iii) the city not unreason-
ably preventinq or unreasonablY delayinq the development of the
property; and liii) if the Aqreement has been suspended in response
to chanqes in state or federal law or due to said obliqations beinq
suspended pursuant to section 13.2. ~aid obliqations of Developer
shall be suspended for the same period of time.
7.2 Dedications and Reservations of Land for Public Purposes.
The policies by which property will be required to be reserved,
dedicated or improved for public purposes are identified in the
Existing Project Approvals. A more precise delineation of the
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property to be preserved, dedicated or improved for public purposes
shall occur as part of Future Discretionary Approvals, consistent
with development of propertv as set forth in section 5.2 herein.
7.2.1 Dedication of Land for SR 125. Developer
agrees to dedicate land for right-of-way purposes and property
owned by the Developer that is reasonably necessary for the
SR-125 configuration that is generally depicted in the SR-125
draft Environmental Impact Report/statement and as revised in
the Final Environmental Impact Report/statement to respond to
engineering, design, environmental and similar constraints.
The dedications shall be to the city or by an alternate method
acceptable to the city at such time as requested by the city.
city agrees that in the event city shall negotiate with
California Transportation Ventures (CTV) or other toll road
builder any participation or advantages to city' that city
shall share such rights with subsequent owner/resident of the
property.
7.2.2 Landfill Nuisance Easements. Developer shall
grant to' the county by July 1, 1996 "Landfill Nuisance
Easements'! substantially in the form attached as Exhibit E.
The Easement shall cover all land which is within the otay
Landfill Buffer Area of villages 2, 3 and Planning Area 18B of
the otay Ranch GDPP as shown on Exhibit E hereto.
In addition. Developer aqrees to enter into subordination
aqreements, acceptable to the County, with all lienholders
hayinq an interest in the Propertv to ensure that this
Aqreement has a priority position over all other liens. The
subordination aqreements shall be delivered to the citv prior
to the second readinq of the ordinance approvinq the Aqree-
ment. If there is no second readinq of this Aqreement, the
city shall return said subordination aqreements to the
Developer. If the Countv Board of supervisors does not accept
or approve said easements. this Aqreement shall be automati-
callY' terminated with neither party bearinq any liability
hereunder.
7.2.3 Preserve Conveyance Plan. The Developer
shall comply with any existing or yet to be adopted Preserve
Conveyance Plan and convey property as set forth in such Plan.
7.3 Growth Manaqement Ordinance. Developer shall commit the
public facilities and city shall issue building permits as provided
in this Section and in accordance with Existinq proiect Approvals
and Future Discretionary Approvals. The city shall have the right
to withhold the issuance of building permits any time after the
city reasonably determines a Threshold has been exceeded, unless
and until the Developer has mitigated the deficiency in accordance
with the city's Growth Management Ordinance.
Developer agrees that building permits may be withheld where the
public facilities described in the Existing project Approvals/
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Future Discretionary Approvals required for a particular Threshold
have not been committed.
In the event a Threshold is not met and future building permit
issuance may be withheld, the notice provisions and procedures
contained in section 19.09 .100C of the Municipal Code will be
followed. In the event the issuance of building permits is
suspended pursuant to the provisions herein, such suspension shall
not constitute a breach of the terms of this Agreement by Develop-
er. Furthermore, any such suspension which is not caused by the
actions or omissions of the Developer, shall toll the term of this
Agreement as provided for in Section 16.12 of this Agreement, and
suspend the Developer's obligations pursuant to this Agreement.
7.3.1 Reauired Condemnation. The City and Developer
recognize that certain portions of the Resource Preserve and
of the public facilities identified in the Existing Project
Approvals/Future Discretionary Approvals and required to
comply with a threshold are located on properties which
neither the Developer nor the city has, or will have, title to
or control of. The city shall identify such property or
properties and at the time of filing of the final map commence
timely negotiations or, where the property is wi thin the
City's jurisdiction, commence timely proceedings pursuant to
Title 7 (commencing with S 1230.010) of Part 3 of the Code of
civil Procedure to acquire an interest in the property or
properties. Developer's share of the cost involved in any
such acquisition shall be based on its proportionate share of
the public facility as defined in the Existing Project
Approvals/Future Discretionary Approvals. Notwithstanding the
foregoing, Nnothing in this Agreement shall be deemed to
preclude the city from requiring the Developer to pay the cost
of acquiring such off-site land. For that portion of the cost
beyond the Developer's fair share responsibility, the City
shall take all reasonable steps to establish a procedure
whereby the developer is reimbursed for such costs beyond its
fair share.
7.3.2 Information Reqardinq Thresholds. Upon
Developer's written requests of the city Manager, the City
will provide Developer with information regarding the current
status of a Threshold. Developer shall be responsible for any
staff costs incurred in providing said written response.
7.4 Improvements Required bv a Tentative Subdivi-
sion Map. As may be required pursuant to the terms of a tentative
subdivision map approval, it shall be the responsibility of
Developer to construct the improvements required by the a subdivi-
sion map. Where Developer is required to construct a public
improvement which has been identified as the responsibility of
another party or to provide public improvements of supplemental
size, capacity, number or length benefiting property not within the
tentative subdivision map, city shall process for consideration to
approve or denv in its sole discretion a reimbursement agreement to
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the Developer in accordance with the citv's Municipal Code and
Article 6 of Chapter 4 of the Subdivision Map Act, commencing with
Government Code section 6648.5, and section 7.5, below. This does
not preclude the Developer or the citv from considerinq alternative
financinq mechanisms.
7.5 Facilities which Are the Oblioations of Another
Partv. or Are of Excessive Size. capacitv. Lenqth or Number.
Developer may offer to advance monies and/or construct public
improvements which are the responsibility of another land owner, or
outside the city's jurisdictional boundaries, or which are of
supplemental size, capacity, number or length for the benefit of
land not within the Property. city, where requesting such funding
or construction of oversized public improvements, shall consider
after a public hearing, contemporaneous with the imposition of the
obligation, the formation of a reimbursement district, assessment
district, facility benefit assessment, or reimbursement agreement
or other reimbursement mechanism.
7.6 pioneerino of Facilities. To the extent Developer
itself constructs (Le., "pioneers") any public facilities or
public improvements which are covered by a DIF Program, Developer
shall be given a credit against DIFs otherwise payable, subject to
the city's Director of Public Works reasonable determination that
such costs are allowable under the applicable DIF Program. It is
specifically intended that Developer be given DIF credit for the
DIF Program improvements. it makes. The fact that such improvements
may be financed by an assessment district or other financing
mechanism, shall not prevent DIF credit from being given to the
extent that such costs are allowed under the applicable DIF Program
7.7 Insurance.
insured for all insurance
Project as pertains to the
the Project.
Developer shall name city as additional
policies obtained by Developer for the
Developer'S activities and operation on
7.8 Other Land Owners. Developer hereby agrees to
dedicate adequate rights-of-way within the boundaries of the
property for other land owners to "pioneer" public facilities on
the Property; provided, however, as follows: (i) dedications shall
be restricted to those reasonably necessary for the construction of
facilities identified in the city's adopted public facility plans;
(ii) this provision shall not be binding on the successors-in-
interest or assignees of Developer following recordation of the
final "Super Block" or "A" Map; and (iii) the city shall use its
reasonable best efforts to obtain agreements similar to this
subsection from other developers and to obtain equitable reimburse-
ment for Developer for any excess dedications.
7.9 construction of East-West Access. Pursuant to
city's requirements, Developer is required to pay Transportation
Development Fees (TDIF) for a variety of purposes including
construction of east-west arterial access through the Property
connecting to I-80S. Alternatively, the Developer may be required
to actually construct all or portions of such access if, at the
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time of need, the TDIF fund does not contain sufficient revenues to
finance the construction of the needed facilities. Such east-west
arterial access from SPA One to I-80S could occur on either East
Orange Avenue or on East Palomar Street. It is not now possible to
detennine with certainty when it will be necessary to actually
construct the arterials in, order to comply with the threshold
requirements because the rate and location of future development is
unknown. The total cost and length of the arterial, which might be
constructed by the Developer, are unknown at this time because it
cannot be determined if and when development west of the property
(Sunbow) will construct the Western portion of the arterials. Such
uncertainty makes it difficult to plan and finance the orderly
development of the property and needed on-site and off-site
facilities. To provide greater certainty as to the timing and
construction of east-west arterial access, the city agrees to
reasonably consider in good faith a traffic capacity agreement with
"Developer which would reserve traffic capacity for all'or part of
SPA One in exchange for Developer'S agreement to pioneer all or
part of planned east-west access to SPA One.
7.10 Assurances of Compliance. Owner acknowledaes that
the citv is not reauired to and will not take anv action on any of
Owner's applications for Future Discretionarv Approvals under this
Aareement. or any modifications or amendments thereof. until and
unless the city Manaaer determines that the Owner is not in default
of its obliaations under this Aqreement includina but not limited
to those set forth in Section 7.11 and 14.
7.11 Complete Construction. Developer/Builder or any
third party aaree to diliaentlY complete construction once a
buildina pennit has been issued for Propertv which is covered by
this Aareement. Should construction stop once the buildina penn its
have been issued by the city. which the city in its sole discretion
determines has created a nuisance or fire or safety hazard. the
Developer aarees to take such steps necessary to cure the nuisance
or hazard. Should Developer fail to do so to the city's satisfac-
tion. the city may take what steps it deems necessarv to cure the
nuisance or hazard at Developer's sole cost and expense.
8. ,DEVELOPMENT IMPACT FEES.
8.1 Existina Development Impact Fee Proaram Pavments.
Developer shall pay to the City a DIF, or construct improvements in
lieu of payment, for improvements which are conditions of a
tentative subdivision map upon the issuance of building permits (s) ,
or at a later time as specified by city ordinance, the Subdivision
Map Act, or Public Facility Financing Plan (PFFP). The DIF will be
in the amount in effect at the time payment is made and may only be
increased pursuant to section 8.6 herein.
8.2 Other Undeveloped Properties. The city will use its
reasonable best efforts to impose and collect, or cause the
imposition and collection of, the same DIF program on all the
undeveloped real properties which benefit from the provision of the
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public facility through the DIF program, or provided as a condition
of project Approvals.
8.3 Use of Development Impact Fee Proqram. The DIF
amounts paid to the city by Developer and others with respect to
the Area of Benefit shall be placed by the city in a capital
facility fund account established pursuant to California Government
Code sections 66000-66009. The city shall expend such funds only
for the Projects described in the adopted fee program as may be
modified from time to time. The city will use its reasonable best
efforts to cause such Projects to be completed as soon as practica-
ble; however, the city shall not be obligated to use its general
funds for such Projects.
8.4 WithholdinG of Permits. Developer agrees that city
shall have the right to withhold issuance of the building permit
for any structure or improvement on the Property unless and until
the DIF is paid for such structure or improvement.
8.5 Development Impact Fee Credit. Upon the completion
and acceptance by the city of any public facility, the city shall
immediately credit Developer with the appropriate amount of cash
credits ("EDUs") as determined by Developer and city. However, if
the improvements are paid for through an Assessment District, the
city shall credit the Developer with the appropriate number of
Egui valent Dwelling Unit Credits (EDU' s) . Developer shall be
entitled to apply any and all credits accrued pursuant to this
subsection toward the required payment of future DIF for any phase,
stage or increment of development of the Project.
8.6 Modification of Development Impact Fees. The
parties recognize that from time to time during the duration of the
Agreement it will be necessary for the city to update and modify
its DIF fees. Such reasonable modifications are contemplated by
the city and the Developer and shall not constitute a modification
to the Agreement so long as: (i) the modification incorporates the
reasonable costs of providing facilities identified in the Existing
or Future Project Approvals; (ii) are based upon methodologies in
substantial compliance with the methodology contained in the
existing DIF programs; or other methodology approved by the city
council following a public hearing; (iii) complies with the
provisions of Government Code sections 66000-66009.
8.7 standards for FinancinG ObliGations of Owner. In
connection with the development of the Property, the following
standards regarding the financing of public improvements shall
apply:
8.7.1 Owner Shall-participate in the DIF Program
for the otay Valley Parcel with other owners in proportion to
the total dwelling units or equivalent dwelling units allowed
on the Property as compared with the total of such units
allowed on properties in that particular DIF or by some other
equitable methodology decided by the City Council.
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8.7.2 The City shall diligently pursue the
requirements that the Eastern Territories' DIF requires
offsite third parties and adjacent jurisdictions to bear their
fair share of all Otay River Valley crossings.
9. CITY OBLIGATIONS.
9.1 Urban Infrastructure. To the extent it is within
the authority and abilitv of the city to provide, City shall
accommodate urban infrastructure.to the project, consistent with
Existing Project Approvals. Where it is necessary to utilize city
property to provide urban infrastructure consistent with the
Existing Project Approvals, the city agrees to make such land
available for such uses, provided that the city if it so chooses is
compensated at fair market value for the property. To the extent
that the provision of urban infrastructure is within the authority
of another public or quasi-public agency or utility,- the City
agrees to fully cooperate with such agency or agencies to accommo-
date the urban infrastructure, consistent with Existing Project
Approvals. Urban infrastructure shall include, but not be limited
to-gas, electricity, telephone, cable and facilities identified in
the Otay Ranch "Facility Implementation Plan.
9.2 Sewer Capacitv. The city agrees to provide adequate
sewer capacity for the project, upon the payment of ordinary and
necessary sewer connection, capacity and/or service fees.
9.3 Nuisance Easement. The city shall reasonably
consider with proper environmental review a request to amend the
Otay Ranch GDP to relocate, within the property, the land uses
affected by the execution of a "nuisance easement" pursuant to the
Otay Ranch Landfill Agreement, (dated May 15, 1996). This GDP
amendment shall be processed prior to or concurrent with the GDP
amendment covering the landfill buffer area required by the
Landfill Agreement. The amendment shall be deemed vested to the
same extent as Existing Project Approvals and shall not require-or
constitute an amendment to this Agreement. The Developer agrees to
pay the reasonable city cost for processing the amendments.
10. ANNUAL REVIEW.
10.1 citv and Owner Responsibilities. city will, at
least every twelve (12) months during the Term of this Agreement,
pursuant to California Government Code 565865.1, review the extent
of good faith substantial compliance by Owner with the terms of
this Agreement. Pursuant to California Government Code section
65865.1, as amended, Owner shall have the duty to demonstrate by
substantial evidence its good faith compliance with the terms of
this Agreement at the periodic review. Either city or Owner may
address any requirement of the Agreement during the review.
10.2 Evidence. The parties recognize that this Agreement
and the documents incorporated herein could be deemed to contain
hundreds of requirements and that evidence of each and every
requirement would be a wasteful exercise of the parties' resources.
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Accordingly, Developer shall be deemed to have satisfied its good
faith compliance when it presents evidence of substantial com-
pliance with the major provisions of this Agreement. Generalized
evidence or statements shall be accepted in the absence of any
evidence that such evidence is untrue.
10.3 Review Letter. If Owner is found to be in com-
pliance with this Agreement after the annual review, city shall,
within forty-five (45) days after Owner's written request, issue a
review letter in recordable form to Owner ("Letter") stating that
based upon information known or made known to the Council, the city
Planning commission and/or the city Planning Director, this
Agreement remains in effect and Owner is not in default. Owner may
record the Letter in the Official Records of the county of San
Diego.
10.4 Failure of periodic Review. city's failure to
review at least annually Owner's compliance with the terms and
conditions of this Agreement shall not constitute, or be asserted
by City or Owner as, a breach of the Agreement.
11. DEFAULT.
11.1 Events of Default. A default under this Agreement
shall be deemed to have occurred upon the happening of one or more
of the following events or conditions:
made
been
11.1.1
or furnished
false in any
A warranty, representation or statement
by Owner to city is false or proves to have
material respect when it was made.
11.1.2 A finding and determination by city made
following a periodic review under the procedure provided for
in California Government Code section 65865.1 that upon the
basis of substantial evidence Owner has not complied in good
faith with one or more of the terms or conditions of this
Agreement.
consider
submitted
11.1.3 city does not accept,
requested development permits
in accordance with the provisions
timely review, or
or enti tlements
of this Agreement.
11.1. 4 l.ny ether aa';; er emission by city er O....ncr
~.;n.:..ch m:ltc.ri:llly interfere.:; ':,,'i-:.h :.hc tcrm:J of thi:J 1'..g::-ccmcn::..
All remedies at law or in equitv which are consistent with the
provisions of this Aareement are available to citv and Owner
to pursue in the event there is a breach provided. however,
neither partv shall have the remedv of monetarv damaqes
aaainst the other except for an.award of litiqation costs and
attornevs fees.
11.2 Procedure Upon Default.
11.2.1 Upon the occurrence of default by the
other party, city or Owner may terminate this Agreement after
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providing the other party thirty (30) days written notice
specifying the nature of the alleged default and, when
appropriate, the manner in which said default may be satis-
factorily cured. After proper notice and expiration of said
thirty (30) day cure period without cure, this Agreement may
be terminated. In the event that city's or Owner's default is
not subject to cure within the thirty (30) day period, city or
Owner shall be deemed not to remain in default in the event
that City or Owner commences to cure within such thirty (30)
day period and diligently prosecutes such cure to completion.
Failure or delay in giving notice of any default shall not
constitute a waiver of any default, nor shall it change the
time of default. Notwithstanding any other provision of this
Agreement, city reserves the right to formulate and propose to
Owner options for curing any defaults under this Agreement for
which a cure is not specified in this Agreement.
11.2.2 city does not waive a'ny claim of defect in
performance by Owner if, on periodic review, city does not
propose to modify or terminate this Agreement.
-11. 2.3 Subj ect to Paragraph 16.12 of this
Agreement, the failure of a third person shall not excuse a
party's nqnperformance under this agreement.
11. 2.4 All other remedies at law or in equity
which are consistent with the provisions of this Agreement are
available to city and Owner to pursue in the event there is a
breach.
12. ENCUMBRANCES AND RELEASES ON PROPERTY.
12.1 Discretion to Encumber. This Agreement shall not
prevent or limit Owner in any manner at Owner's sole discretion,
from encumbering the Property, or any portion of the Property, or
any improvement on the Property, by any mortgage, deed of trust, -or
other security device securing financing with respect to the
Property or its improvement.
12.2 Mortqaqee Riqhts and Obliqations. The mortgagee of
a mortgage or beneficiary of a deed of trust encumbering the
Property, or any part thereof, and their successors and assigns
shall, upon written request to city, be entitled to receive from
city written notification of any default by Owner of the
performance of Owner's obligations under the Agreement which has
not been cured within thirty (30) days following the date of
default.
12.3 Releases. city agrees that upon written request of
Owner and payment of all fees and performance of the requirements
and conditions required of Owner by this Agreement with respect to
the Property, or any portion thereof, city may execute and deliver
to Owner appropriate release(s) of further obligations imposed by
this Agreement in form and substance acceptable to the San Diego
County Recorder and title insurance company, if any, or as may
-20- ~J...J ~/
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otherwise be necessary to effect the release. city Manager shall
not unreasonably withhold approval of such release(s) .
12.4 Obliqation to Modifv. city acknowledges that the
lenders providing financing for the Project may require certain
modifications to this Agreement and City agrees, upon request from
time to time, to meet with Owner and/or representatives of such
lenders to negotiate in good faith any ,such requirement for
modification. City will not unreasonably withhold its consent to
any such requested modification.
12.5 Subordination. Developer aqrees to enter into
subordination aqreements with all lienholders havinq anv interest
in the Property to ensure that the provisions of this Aqreement
bind such lienholders should they take title to all or part of the
property throuqh quit claim deed. sale. foreclosure or any other
means of transfer of property. Developer shall deliver 'to the city
the fullv executed subordination aqreements in a form acceptable to
the city Attornev and suitable for recordinq on or before the
second readinq or the Ordinance.
13. MODIPICATION OR SUSPENSION.
13.1 Modification to Aqreement bv Mutual Consent. This
Agreement may be modified, from time to time, by the mutual consent
of the parties only in the same manner as its adoption by an
ordinance as set forth in California Government Code sections
65867, 65867.5 and 65868. The term, "this Agreement" as used in
this Agreement, will include any such 'modification properly
approved and executed.
13.2 Unforeseen Health or Safety Circumstances. If, as
a result of facts, events, or circumstances presently unknown,
unforeseeable, and which could not have been known to the parties
prior to the commencement of this Agreement, city finds that
failure to suspend this Agreement would pose an pluDe the residcnt!)
of city in a severc ",!'Hi immediate clllcrgcl'lcl' to their immediate
threat to the health or safety of the city's residents or the city.
The followina shall occur:
13.2.1 Notification of Unforeseen Circumstances.
Notify Developer of (i) city's determination; and (ii) the
reasons for City's determination, and all facts upon which
such reasons are based;
13.2.2 Notice of Hearinq. Notify Developer in
writing at least fourteen (14) days prior to the date, of the
date, time and place of the hearing and forward to Developer
a minimum of ten (10) days prior to the hearings described in
section 13.2.3, all documents related to such determination
and reasons therefor; and
13.2.3 Hearinq. Hold a hearing on the deter-
mination, at which hearing Developer will have the right to
address the City Council. At the conclusion of said hearing,
-21- ~7".:J-_~
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CJ..ty may "La.K.e c:1L:-L.~UU \...\.1 .::>lo,...l.::>.l;-'cu....... '-u............ .....'='~.....__.._u_ -- r- - _
herein. The city may suspend this Agreement if, at the
conclusion of said hearing, based upon the evidence presented
by the parties, the city finds failure to suspend would place
-:.hc;:. rC:Jidcnt:J of the city in ::l .:JC.lcrc :lna i:mmcdi:ltc cmcrEjency
to their health or G~fety. pose an immediate threat to the
health or safety of the citv's residents or the citv.
13.3 Chanqe in state or Federal Law or Requlations. If
any state or federal law or regulation enacted during the Term of
this Agreement, or the action or inaction of any other affected
governmental jurisdiction, precludes compliance with one or more
provisions of this Agreement, or requires changes in plans, maps,
or permits approved by city, the parties will act pursuant to
sections 13.3.1 and 13.3.2, below.
13.3.1 Notice; Meetinq. The party first becoming
aware of such enactment or action or inaction will p-rovide the
other party(ies) with written notice of such state or federal
law or regulation and provide a copy of such l~'or regulation
and a statement regarding its conflict with;the provisions of
this Agreement. The parties will promptly/fueet and confer in
a good faith and reasonable attempt to ~aifY or 'suspend this
Agreement'to comply with such federal;er state law or regula-
tion.
13.3.2 Hearinq. If an agreed upon modification
or suspension would not require an amendment to this Agree-
ment, no hearing shall be held. otherwise, the matter of such
federal or state law or regulation will be scheduled for
hearing before the city. Fifteen (15) days' written notice of
such hearing shall be provided to Developer, and the city, at
such hearing, will determine and issue findings on the
modification or suspension which is required by such federal
or state law or regulation. Developer, at the hearing, shall
have the right to offer testimony and other evidence. If the
parties fail to agree after said hearing, the matter may be
submitted to mediation pursuant to subsection 13.3.3, below.
Any modification or suspension shall be taken by the affirma-
tive vote of not less than a majority of the authorized voting
members of the city. Any suspension or modification may be
subje'ct to judicial review in conformance with subsection
16.19 of this Agreement. '
13.3.3 Mediation of Disputes. In the event the
dispute between the parties with respect to the provisions of
this paragraph has not been resolved to the satisfaction of
both parties following the city hearing required by subsection
13.3.2, the matter shall be submitted to mediation prior to
the filing of any legal action-by any party. The mediation
will be conducted by the San Diego Mediation center; if San
Diego Mediation Center is unable to conduct the mediation, the
parties shall submit the dispute for mediation to the Judicial
Arbitration and Mediation Service or similar organization and
make a good faith effort to resolve the dispute. The cost of
-22-
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any such mediation shall be divided equally between the
Developer and city.
13.4 Natural communities conservation Act (NCCP). The
parties recognize that Developer and the city are individually
negotiating agreements with the united states Fish and wildlife
Service ("USF&W") and the California Department of Fish and Game
pursuant to the ongoing regional effort to implement the Natural
communities Conservation Act ("NCCP"), locally proposed to be
implemented through the Multi-Species Conservation Program
("MSCP"). The parties further recognize that implementation of the
agreements may necessitate modification to the Existing Project
Approvals. The City agrees to utilize its best efforts to
implement these agreements, once executed, through the timely
processing of modifications to the Existing Project Approvals as
such modifications apply to Developer's .propertv. The Developer
agrees to pay the reasonable city cost for processing work related
to the modifications. Once such modifications are obtained they
shall be vested to the same extent as Existing Project Approvals.
Such modifications shall be substantially similar to the provisions
contained in Exhibit "F", the May 17, 1996 Administrative draft of
the city of Chula vista SubArea Plan for the Multi-species
Conservation Program, except for the proposed deletion of the
Maritime succuient Scrub restoration requirement [Section 3(b) of
the subArea pran (page 27)].
14. DISTRICTS. PUBLIC FINANCING MECHANISMS.
This Agreement and the Existing Project Approvals recognize
that assessment districts, community facility districts, or other
public financing mechanisms, may be necessary to finance the cost
of public improvements borne by this proj ect. If Developer,
pursuant to the Existing Project Approvals/Future Discretionary
Approvals, is required bv the citv to install improvements through
the use of assessment districts, community facility districts, or
other public financing mechanisms, the city shall initiate and take
final action to approve or deny conclude appropriate proceedings
for the formation of such financing district or funding mechanism,
under applicable laws~ ef ordinances. or policies. Developer may
request that the city. but the city is not obliqated to. utilize
any other financing methods which may become available under city
laws or ordinances. All costs associated with the consideration
and formation of such financing districts or funding mechanisms
shall be paid by Developer subject to reimbursement, as may be
legally authorized out of the proceeds of any financing district or
funding mechanism.
Developer shall comply with the terms of anY assessment
districts or other financinq mechanisms so approved bv the city for
Property covered bv this Aqreement and shall make timelv payments
as required bv said financinq mechanism. The citv retains its
riqhts to take any action it deems reasonably appropriate to
quarantee payment.
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15. ASSIGNMENT AND DELEGATION.
15.1 Assiqnment. Owner shall have the right to transfer
or assign its interest in the Property, in whole or in part, to any
persons, partnership, joint venture, firm, or corporation at any
time during the Term of this Agreement without the consent of city.
Owner also shall have the right to assign or transfer all or any
portion of its interest. or rights under this Agreement to third
parties acquiring an interest or estate in the Property at any time
during the Term of this Agreement without the consent of city.
15.2 Deleqation. In addition, Owner shall have the
right to delegate or transfer its obligations under this Agreement
to third parties acquiring an interest or estate in the Property
provided the owner is in compliance with the terms of this
Aqreement and after receiving the prior written consent of the City
Manager, which consent shall not be unreasonably withheld, or
delayed, or conditioned. Provided. however. the city may deny such
release if the city determines that the performance of such
obliqation would be ieopardized by such transfer. Once the city
M~nager has consented to a transfer, delivery to and acceptance by
the City Manager of an unqualified written assumption of Owner's
obligations under this Agreement by such transferee shall relieve
Owner of the obligations under this Agreement to the extent the
obligations have been expressly assumed by the transferee and as
approved by the city. Such transferee shall not be entitled to
amend this Agreement without the written consent of the entity
that, as of the Effective Date; is Owner, which consent shall not
be unreasonably withheld, delayed, or conditioned. The entity that
is Owner as of the Effective Date, however, shall be entitled to
amend this Agreement without the written consent of such transfer-
ee.
16. MISCELLANEOUS PROVISIONS.
16.1 Bindinq Effect of Aqreement. Except to the extent
otherwise provided in this Agreement, the burdens of this Agreement
bind, and. the benefits of this Agreement inure, to city's and
Owner's successors-in-interest and shall run with the land.
16.2 Relationship of city and Owner. The contractual
relationship between city and Owner arising out of this Agreement
is one of independent contractor and not agency. This Agreement
does not create any third-party beneficiary rights.
16.3 Notices. All notices, demands, and correspondence
required or permitted by this Agreement shall be in writing and
delivered in person, or mailed by first-class or certified mail,
postage prepaid, addressed as follows:
If to city, to:
city of Chula Vista
276 Fourth Avenue
Chula Vista, CA 91910
Attention: City Manager
-24-
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If to Owner, to:
Jim Baldwin
otay Ranch, L.P.
Newport Center Dr.,
Newport Beach, CA
suite 700
92660
with a Copy to:
Kim John Kilkenny
Otay Ranch, L.P.
11975 El Camino Real, suite 104
San Diego, CA 92130
City or Owner may change its address by giving notice in writing to
the other. Thereafter, notices, demands, and correspondence shall
be addressed and transmitted to the new address. Notice shall be
deemed given upon personal delivery, or, if mailed, two (2)
business days following deposit in the United states mail.
16.4 Rules of Construction. In this Agreement, the use
of the singular includes the plural; the masculine gender includes
the feminine; "shall" is mandatory; "may" is permissive.
16.5 Entire Aoreement. Waivers. and Recorded statement.
This Agreement "constitutes the entire understanding and agreement
of city and Owner with respect to the matters set forth in this
Agreement. This Agreement supersedes all negotiations or previous
agreements between city and Owner respecting this Agreement. All
waivers of the provisions of this Agreement must be in writing and
signed by the appropriate authorities of city and Owner. Upon the
completion of performance of this Agreement, or its revocation or
termination, a statement evidencing completion, revocation, or
termination signed by the appropriate agents of City shall be
recorded in the Official Records of San Diego county, California.
16.6 proiect as a Private Undertakino. " It is
specifically understood by city and Owner that (i) the Project is
a private development; (ii) city has no interest in or
responsibilities for or duty to third parties concerning any
improvements to the Property until city accepts the improvements
pursuant to the provisions of the Agreement or in connection with
subdivision map approvals; and (iii) Owner shall have the full
power and exclusive control of the Property subject to the
obligations of Owner set forth in this Agreement.
16.7 Incorporation of Recitals. The recitals set forth
in Paragraph 1 of this Agreement are part of this Agreement.
16.8 Captions. The captions of this Agreement are for
convenience and reference only and shall not define, explain,
modify, construe, limit, amplify, or aid in the interpretation,
construction, or meaning of any 'of the provisions of this
Agreement.
16.9 Consent. Where the consent or approval of city or
Owner is required or necessary under this Agreement, the consent or
approval shall not be unreasonably withheld, delayed, or con-
ditioned. I C/ ~
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16.10 Covenant of Cooperation.
cooperate and deal with each other in good
other in the performance of the provisions
City and Owner shall
faith, and assist each
of this Agreement.
16.11 Recordino. The city Clerk shall cause a copy of
this Agreement to be recorded with the Office of the County
Recorder of San Diego County, California, within ten (10) days
following the Effective Date.
16.12 Delav. Extension of Time for Performance. In
addition to any specific provision of this ~greement, performance
by either City or Owner of its obligations hereunder shall be
excused, and the Term of this Agreement and the Development Plan
extended, during any period of delay caused at any time by reason
of any event beyond the control of city or Owner which prevents or
delays and impacts city's or Owner's ability to perform obligations
under this Agreement, including, but not limited to, acts of God,
enactment of new conflicting federal or state laws or regulations
(example: listing of a species as threatened or endangered),
judicial actions such as the issuance of restraining orders and
injunctions, riots, strikes, or damage to work in process by reason
of fire, floods, earthquake, or other such casualties. If city or
Owner seeks excuse from performance, it shall provide written
notice of such delay to the other within thirty (30) days of the
commencement of such delay. If the delay or default is beyond the
control of city or Owner, and is excused, an extension of time for
such cause will be granted in writing for the period of the
enforced delay, or longer as may be mutually agreed upon.
16.13 Covenant of Good Faith and Fair Dealinos. No party
shall do. anything which shall have the effect of harming or
injuring the right of the other parties to receive the benefits of
this Agreement; each party shall refrain from doing'anything which
would render its performance under this Agreement impossible; and
each party shall do everything which this Agreement contemplates
that such party shall do in order to accomplish the objectives and
purposes of this Agreement.
16.14 Operatino Memorandum. The parties acknowledge that
the provisions of this Agreement require a close degree of
cooperation between city and Developer, and that the refinements
and further development of the Project may demonstrate that minor
changes are appropriate with respect to the details of performance
of the parties. The parties, therefore, retain a certain degree of
flexibility with respect to those items covered in general under
this Agreement. When and if the parties mutually find that minor
changes or adjustments are necessary or appropriate, they may
effectuate changes or adjustments through operating memoranda
approved by the parties. For purposes of this section 16.14, the
city Manager, or his designee, shall have the authority to approve
the operating memoranda on behalf of city. No operating memoranda
shall require notice or hearing or constitute an amendment to this
Agreement.
-26-
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12-03
16.15 Time of Essence. Time is of the essence in the
performance of the provisions of this Agreement as to which time is
an element.
16.16 Amendment or Cancellation of Aareement. This
Agreement may be amended from time to time or canceled by the
mutual consent of city and Owner only in the same manner as its
adoption, by an ordinance as set forth in California Government
Code section 65868, ?nd shall be in a form suitable for recording
in the Official Records of San Diego county, California. The term
"Agreement" shall include any such amendment properly approved and
executed. city and Owner acknowledge that the provisions of this
Agreement require a close degree of cooperation between them, and
that minor or insubstantial changes to the Project and the
Development Plan may be required from time to time to accommodate
design changes, engineering changes, and other refinements.
Accordingly, changes to the Project and the Development Plan that
do not result in a change in use, an increase in density or
intensity of use, cause new or increased environmental 'impacts, or
violate any applicable health and safety regulations, may be
considered minor or insubstantial by the city Manager and made
without amending this Agreement.
16.17 Estoppel Certificate. within 30 calendar days
following a written request, by any of the parties, the other
parties to this Agreement shall execute and deliver to the
requesting party a statement certifying that (i) this Agreement is
unmodified and in full force and effect, or if there have been
modifications hereto, that this Agreement is in full force and
effect as modified and stating the date and nature of such
modificationsj (ii) there are no known current uncured defaults
under this Agreement, or specifying the dates and nature of any
such default; and (iii) any other reasonable information requested.
The failure to deliver such a statement within such time shall
constitute a conclusive presumption against the party which fails
to deliver such statement that this Agreement is in full force and
effect without modification, except as may be represented by the
requesting party, and that there are no uncured defaults in the
performance of the requesting party, except as may be represented
by the requesting party.
16.18 Severability. If any material provision of this
Agreement is held invalid, this Agreement will be automatically
terminated unless within 15 days after such provision is held invalid
the party holding rights under the invalidated provision affirms the
balance of this Agreement in writing. This provision will not affect
the right of the parties to modify or suspend this Agreement by
mutual consent pursuant to Paragraph 12.4.
16.19 Institution of Leqal Proceedinq. In addition to any
other rights or remedies, any party may institute legal action to
cure, correct, or remedy any default, to enforce any covenants or
agreements herein, or to enjoin any threatened or attempted violation
thereof; to recover damages for any default or to obtain any remedies
consistent with the purpose of this Agreement. Such legal actions
-27-
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must be instituted in the superior Court of the County of San Diego,
State of california.
16.20 Attornevs' Fees and Costs. If any party commences
litigation or other proceedings (including, without limitation,
arbitration) for the interpretation, reformation, enforcement, or
rescission of this Agreement, the prevailing party, as determined by
the court, will be entitled to its reasonable attorneys' fees and
costs.
16.21 Hold Harmless. Developer agrees to and shall hold
city, its officers, agents, employees and representatives harmless
from liability for damage or claims for damage for personal injury,
including death, and claims for property damage which may arise from
the direct or indirect operations of Developer or those of its
contractors, subcontractors, agents, employees or other persons
acting on Developer's behalf which relate to the Project. Developer
agrees to and shall defend city and its officers, agents, employees
and representatives from actions for damage caused or alleged to have
been caused by reason of Developer's activities in connection with
the Project. Developer agrees to indemnify, hold harmless, pay all
costs and provide a defense for city in any legal action filed in a
court of competent jurisdiction by a third party challenging the
validity of t~is Agreement. The provisions of this section 16.21
shall not apply to the extent such damage, liability or claim is
caused by the intentional or negligent act or omission of city, its
officers, agents, employees or representatives.
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SIGNATURE PAGE TO PRE-ANNEXATION DEVELOPMENT AGREEMENT
Dated this ____ day of
, 1996.
"CITY"
CITY OF CHULA VISTA
By:
Its:
Mavor
"OWNER"
THE OTAY RANCH, L.P.
a California limited partnership,
by Sky Communities, Inc.
a California corporation,
its general partner
By:
James P. Baldwin, President
VILLAGE DEVELOPMENT .
a California general partnership
By:
James P. Baldwin, President
I hereby approve the form and legality
Annexation Development Agreement this
1996.
of the foregoing Pre-
day of
Ann Moore
Interim city Attorney
city of Chula vista
By:
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CHUL~ VlS1A
PL~""I"G DEr~n'H'T
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EXHIBIT B
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CITY OF
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PL.>-:->:->I:-':C DEP.>-RT'\E:->T
VILLAGE DEVELOPMENT
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Recording Requested By, and When
Recorded Please Return to:
Chief Administrative Officer
County of San Diego
1600 Pacific H~~.
San Diego, CA 92101
[Space above for Recorder's Use]
LANDFILL NUISANCE EASEMENT
AND
COVENANTS RUNNING WITH THE LAND
(hereinafter referred to as "Grantor"), for valuable
consideration, does hereby GRANT to the COUNTY OF SAN DIEGO, a
political subdivision of the State of California (hereinafter
referred to as "Grantee") as the owner of the real property
located in the. County of San Diego, California known as the "Otay
Landfill" whiC;h is more particularly described in "Exhibit A"
hereto (hereinafter referred to as the "Dominant Tenement") and
its successors in interest to the Dominant Tenement, an EASEMENT
(hereinafter referred to as "Nuisance Easement") over all that
real property located in the County of San Diego, California
described in. "Exhibit B" hereto_(hereinafte:r: referred to as the
"Servient Tenement").
This Nuisance Easement is for the use and benefit of Grantee
and its successors in interest and. invited guests in. the conduct
of solid waste landfilling operations on the Dominant Tenement,
for the free and unobstructed passage on, onto, in, through, and
across the surface and airspace above the surface of the Servient
Tenement of the following things (hereinafter referred to as -
"Nuisance Items"):
dust; noise; vibrations; any and all chemicals or particles
suspended (permanently or temporarily) in the air and wind
including but not limited to methane gas; odors; fumes; fuel
particles; seagulls and other scavenger birds and the
excrement droppings therefrom; and the unobstructed passage
below the surface of leachate and other pollutants; and for
each, every and all effects as may be caused by or result
from the operation of a landfill which is now in existence
or which may be developed in the future,
together with the continuing right ~o cause or allow in all of
such Servient Tenement such Nuisance Items, it being understood
and agreed that Grantee, or its successors in interest, intends
to develop, maintain and expand the landfill on the adjacent
Dominant Tenement in such a manner that said landfill and the
easement grated herein wiil be used at all times in compliance
with all applicable state and Federal laws and the lawful orders
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of state and Federal agencies regulating environmental factors,
toxic and/or hazardous waste, and the operation of the landfill.
Grantor, for itself and its successors and assigns, does
hereby fully waive and release any right. or cause of action which
they or any of them may now have or may have in the future
against Grantee, its successors and assigns, on account of or
arising out of such Nuisance Items heretofore and hereafter
caused by the operation of a landfill. .
Grantor,' for itself and its successors and assigns,
covenants and agrees, with the understanding and intent that such
shall run with the land, and which shall run with the land, that
neither they nor any of them will commence or maintain a suit,
action, writ, arbitration, or other legal or equitable proceeding
against Grantee or its successors or assigns wherein the relief
sought is the cessation or limitation on the use of the Dominant
Tenement as a landfill. Grantor, for itself and its successors
and assigns, covenants and agrees, with the understanding and
intent that such shall run with the land, and which shall run
with the land, that in the event that they violate the above
c~venants of the foregoing sentence, they shall pay to Grantee
such attorneys" fees and costs as may be determined to be
reasonable by a Court of competent jurisdiction. Inquires or
requests for enforcement made by Grantor, its successors or
assigns to state or Federal agencies with regulatory authority
over the operation of landfills shall not be considered a
violation of this paragraph.
Upon the termination of use' of.. the.- Dominant.Tenement for
landfill purposes, (inClUding completion of.. active landfill
operations and all closure and post-closure.activities),:Grantor,
its successors or assigns may request that Grantee, its
successors or assigns, through the applicable legal procedure,
vacate or terminate this easement, which request will not be
unreasonably withheld.
Executed this
California.
day of
, 1996, at San Diego,
GRANTOR
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EXHIBIT "F" I I I I
PRE-ANNEXATION DEVELOPMENT AGREEMENT I I
I I I I
Planning Area 1 Assessor I Ownership I Acreage I
I Parcel Numbers I I I
I I I I
Otay Vallcv Parcel I 595-<l70-33 I Otay Ranch L.P. I 15.39 I
Otay Valley Parcel I 64l-<l20-l5 Otay Ranch L.P. .1 21.89 I
Otay Valley Parcel I 641-<l20-l8 Otav Ranch L.P. I 10.00
Otav Valley Parccl 64l-<l30-l3 Otay Ranch L.P. I 97.36
Otav Vallcv Parcc1 641-<l40-<l5 I Otay Ranch L.P. I 151.17
Otay Valley Parcel 64l-<l60-<l4 I Otay Ranch L.P. I 8.16
Otav Valley Parcc1 64l-<l60-<l6 I Otay Ranch L.P. I 17.91
Otay Vallcv Parcel 641-<l70-<l1 I Otay Ranch L.P. I 87.86
Otay Valley Parcel I 641-<l80-<l1 I Otay Ranch L.P. I 88.89
Otay Valley Parcel 642-<l40-16 Otay Ranch L.P. I 13.99 I
Otav Vallcv Parcel 642-<l50-14 Otay Ranch L.P. I 44.62 I
Otay Valley Parcel 642-<l50-24 Otay Ranch L.P. I 29.36 I
Otay Valley Parcel I 642-<l70-<l1 I OtayRanchL.P. I 160.00 I
Olay Valley Parcel I 642-<l90-<l1 I Otay Ranch L.P. I 92.78
Otav Valley Parcel I 643-<l10-<l3 I Otay Ranch L.P. I 19.92
Olay Valley Parcel I 643-<l10-<l9 I Otav Ranch L.P. I 51.63
Otav Vallcv Parcel 643-<l20-10 Otay Ranch L.P. I 159.37 I
Otay Valley P<lrcel I 643-<l20-28 I Otay Ranch L.P. I 48.13 I
Otay Vallcv Parcel I 643-<l20-32 I Otay Ranch L.P. I 32.70 I
Otay Valley Parcel I 643-<l50-<l1 Otay Ranch L.P. I 53.51 I .
Olay Vallcv Parcel I 643-<l60-<l4 Otay Ranch L.P. I 268.55 I
Otay Valley Parcel 644-<l30-<l1 Otay Ranch L.P. I 311.03 I
Otay Valley Parcc1 644-<l30-<l6 I Otay Ranch L.P. I 255.85 I
Otay Vallcv Parcc1 644-<l60-11 I Otay Ranch L.P. I 159.18 I
Olav Vallcv Parcel 644-<l70-<l1 I Otay Ranch L.P. I 313.52 T
Olay Valley Parcel I 644-<l70-<l7 I Otay Ranch L.P. I 285.85 I
Otay Valley Parcel I 644-<l80-<l9 I Otay Ranch L.P. I 152.40 I
Otav Valley Parcel I 644-<l90-<l2 I Otay Ranch L.P. I 299.60
Otay Valley Parcel I 645-<l30-15 I Otay Ranch L.P. I 16.89
Otay Valley Parcel I 645-<l30-18 I Otay Ranch L.P. I 102.10
Otay Valley Parcel I 646-<l10-<l3 I Otay Ranch L.P. I 175.14
I I I 3,544.75 ITotal
I I I I
Otay Valley Parcel I 643-<l10-10 I Village Development I 17.06 I
Inverted 'L' I 595-<l50-<l4 I Village Development I 10.00
Inverted 'L' I 595-<l50-<l7 I Village Development I 2.50 I
Inverted 'L' I 595-<l50-<l& I Village Development I 2.50 I
Invened'L' I 595-<l50-<l9 I Village Development I 2.50 I
I I ! 34.56 ;Total
. / .r:~ /J~ (--If!.
~7V '7 I
/'2--73
Jf'/~
Ex rrlb'it A
JOINT MEETING OF CITY COUNCIL/PLANNING COMMISSION
Item No. 1:2..
Meeting Date 6/25/96
ITEM TITLE:
ordinances - Adopting otay Ranch Pre-
Annexation Development Agreements Between:
Al.:z&?~tay Ranch, L.P., a California limited
partnership, Tiger Development Two, a California
limited partnership, by Tigerheart Inc., a
California corporation; its general partner,
Village Development, a California general
partnership, and the City of Chula Vista;
~b l6iJ
Bl SNHB, Ltd., Jewels of Charity, and steven and
Mary Birch Foundation, and the City of Chula Vista;
cl ~~!lted Enterprises, Ltd., a California limited
partnership, and the city of Chula vista; and
Dl~k~igory T. Smith, and Georgiana R. Smith_and
the city of Chula vista.
SUBMITTED BY: Deputy ci ty Manage~..!mPl (;I! Wr1'l:Y
Planning Directo~;( (~~"1
Public Works Dire to ~y n<)
otay Ranch projec Manager~~~.
REVIEWED BY: city Manage~ 4/5 Vote: Yes _ Ilo--X-
The purpose of this item is to present four different development
agreements between the City of Chula Vista and Village Development;
the Foundation; united Enterprises and Greg Smith. These property
owners own the fee title to the majority of the lands on the
Western Parcel of the otay Ranch, ranch house and the "inverted L"
parcel of land. The Development Agreements, amongst other things,
are necessary to achieve the Developers' support for annexation of
the Otay Ranch Western Parcel as a unit and to meet certain
obligations of the Landfill Agreement between the County and the
city. Specifically, the Landfill Agreement requires that "Nuisance
Easements" be granted by the Property OWners to the County on lands
within an approximately 1,000 foot buffer area surrounding the otay
Landfill. Granting of the Easements is a pre-condition of any
annexation of otay Ranch properties.
RECOKKEND~TION:
Place the Ordinances on First Reading.
BO~DS/COKKIBSIONB
RECOMHEND~TION:
The Planning Commission will be reviewing and
taking action on the Agreements at a joint
meeting between the city council and the
planning commission on June 25, 1996.
~
/2--1t./
PJ } ~
Meeting Date 6/25/96
Page 2
JlACltGROUND
A Sphere of Influence application and annexation application for
consideration and action are pending before the Local Agency
Formation commission July 1, 1996 to annex the Western Parcel of
otay Ranch plus the Ranch House and the inverted "L" property; In
consideration of supporting the entire annexation described above
at one time, LAFCO has stressed that it is important to have the
majority of the property owners' support. These Agreements offer
that support.
In addition to the LAFCO process and negotiations with property
owners, the city has also been working cooperatively with the
County of San Diego. On May 15, 1996, a Property Tax Sharing
Agreement and an Agreement Regarding Jurisdiction Over and
operation of the otay Landfill were entered into between the city
and county. In mid to late April, draft development agreements
were submitted by Village Development and the Foundation, and in
early June by united Enterprises. The city put together a
review/negotiating team consisting of the planning Director, Public
Works Director, otay Ranch Project Manager, Deputy city Manager and
the Acting Ci ty Attorney, as well as Peggy McCarberg, staff
contract attorney. Each of the applicants was represented by legal
counsel as well.
CEQA review is not required for the development agreement since an
in-depth review occurred when the environmental review was approved
for the otay Ranch General Development Plan and adopted by the city
on October 28, 1993. (Lonq Beach Sav. 2nd Loan v. T.onq Beach
Federal, 232 Cal. Rptr. 772, 781-2 (1986).
DISCUSSION
The following discussion focuses on the benefits of the Agreement
to the parties, a description of the terms of the Agreement which
are constant for all the parties, a description of certain
specifics to each party, and an outline of major policy issues.
1. Benefits to the Parties
a. Benefits to th~ city
. Developer support for annexation of the otay Parcel
to Chula Vista.
. assurance that the Developer will dedicate needed
R.O.W. for SR #125.
. granting of landfill nuisance easements to the
County for t~e Otay Landfill buffer area.
~J-
/ 2- '7~
Meeting Date 6/25/96
Page 3
. provision of property for the Chu1a vista Greenbelt
open space areas and MSCP compliance.
. assurance of adequate public facilities when
needed, and in some cases development of excess
capacity or facilities sooner than required.
. compliance with the city's Growth Management
Program.
b. Benefits to the Developer
. vests permitted land uses, density, intensity of
use per the approved General Development Plan-and
timing and phasing of development per Future
Discretionary Approvals (i.e., SPA Plan and Public
Facility Finance Plan) and in compliance with_the
city's Growth Management Ordinance. -
. grants the owner certainty to proceed with the
development of the property in general accordance
wi th today' s ordinances, rules, regulations and
standards or as they may be changed in the future
citywide or east of 1-805.
. allows for fee credits and/or reimbursement
mechanisms for extraordinary facility improvements
or pioneering thereof and specifies that DIF fees
will be used to facilitate regional backbone
facilities.
. allows the Developer to receive timely processing
on an equal basis with other Developers of Future
Discretionary Approvals and allows those approvals
to be covered by these Agreements.
2. Description of the A~reement Terms
The Agreement contains the following major points:
(1) The owners support the annexation, and the plan is to
complete annexation of the otay Parcel by January 1, 1997
(an outside time frame - annexation is actually scheduled
July 1, 1996).
(2) The term of the Agreement, as recommended by staff, is 20
years (the Developers want 40 years).
(3) Application of new or amended Rules, Regulations,
Ordinances, Resolutions, standards and policies.
:Q~3
l 'L-~'ll,.o
Meeting Date 6125196
Page 4
As stated above, the Developer would like to lock in and
have certainty as to what rules will apply to his project
while the city wants to retain as much flexibility as
possible. The Agreement permits changes in rules,
policies, etc. as long as they are applied citywide or
east of 1-805 and do not unreasonably prevent or delay
the development of the Property to the approved uses,
densities or intensity of use. Changes necessitated by
changes in state or Federal law are also covered.
(4) Modifications to Existing Project Approvals are
contemplated and do not constitute an amendment to the
Agreement. Future Discretionary Approvals are also
contemplated and do not constitute an amendment to the
Agreement.
(5) The dedication and reservation of land is to be
consistent with the Existing project Approvals.
(6) The timing for project construction is to only be
regulated by the Growth Management Ordinance and
threshold standards which include the adequate provision
of all public facilities needed to serve the Project as
well as project phases through subsequent SPA and Public
Facility Finance Plan Approvals. The Project is subject
to amendments to the Growth Management Ordinance subject
to certain conditions. Changes to the Growth Management
Ordinance and Threshold standards are to be consistent
wi th the purpose and intent of the existing Growth
Management Ordinance and generally applicable citywide or
east of 1-805 or applicable to a benefit, fee district as
described in earlier sections. The Developer would like
added the phrase "and such changes would not prevent or
unreasonably delay the development of the Property
consistent with the Existing project Approvals." This is
a policy issue discussed later in this report.
(7) Application of new/increased Fees and Special Taxes are
contemplated and allowed so long as they are applicable
citywide or east of 1-805 or relate to some special fee
or benefit assessment district formed in accordance with
the Government code.
(8) The city will accept and diligently process development
applications with the Developer paying for the staff and
consultant costs therewith.
(9) Length of validity of Tentative Maps. The Developer
would like to have the tentative map vested for the term
of the Agreement (20 or 40 years) while a tentative map
is ordirn.rily good for 3 years and can be extended
.;l..
,J
I
, '2- - '7'1
Meeting Date 6/25/96
Page 5
another 3 years for a total of 6 years. A compromise
proposed by the Developers is to have a tentative map
vest for 10 years for projects up to 3,000 dwelling units
and to allow tentative maps larger than 3,000 units to
vest additional time at the rate of one additional year
for each additional 300 units. This is a policy issue to
be discussed later in this report.
(10) Recognizes that the Developer can do certain work such as
grading at the pre-final map atage subject to City
approval and posting of required performance bonds.
Acknowledges the ability to record Superblock Final Maps
("A" Maps) for financing purposes as well as the standard
Final Maps ("B" Maps). Allows for maps to be recorded in
the name of builders or third parties and certain
transfer of obligations to occur with city approval.
(11) The Developer is obligated to dedicate or reserve land
and fund/construct public facilities as reqUired by the
General Development Plan and subsequent approvals
(12) The SR #125 R.O.W. is to be dedicated to the city.
(13) Landfill nuisance easements are to be granted to the
county.
(14) The Developer is to comply with the prov~s~ons of any
Preserve conveyance Plan and convey property as set forth
therein.
(15) The Developer is to comply with the Otay Ranch Reserve
Fund Program as adopted as part of the Existing Project
ApprovalS.
(16) The city has the right to withhold the issuance of
building permits if a threshold has been violated and
until the deficiency has been cured per the Growth
Management ordinance. Permits may also be withheld where
public facilities required for thresholds have not been
committed. Unless the Developer is responsible for the
threshold violation, the Agreement is tolled while permit
issuance has been stopped.
(17) If the Developer constructs a facility which is the
obligation of another Developer or builds a facility of
increased supplemental aize, the City will consider a
reimbursement district. Similarly, the Developer will
dedicate land for. others to pioneer projects on the
Property.
4-fi"
i 2-'7 g
Meeting Date 6125196
Page 6
(18) The Developer agrees to pay DIF fees. The City agrees to
establish and use the DIF fees in an appropriate fashion.
The DIF can be modified if it incorporates reasonable
cost estimates to provide facilities based on specified
methodoloqy and justification. The city can withhold
permits until the DIF is paid. The Developer can get DIF
~redits when facilities are completed. The city will
undertake reasonable efforts to collect and impose the
DIF on others and spread the costs on an equitable basis.
The Property owner will pay its fair share of the DIF for
otay River Road crossings and the City will pursue other
.parties, such as the County and city of San Diego, to pay
their fair share as well.
(19) The city will cooperate in the provision of utilities to
the Project.
(20) The city agrees that if they negotiate some long-term
participation or financial advantages with CTV on the SR
125 road that the city may share those advantages with
subsequent property owners/residents of the area.
(21)
The Agreement contains provisions for
default, encumbrances and releases
modification or suspension, assignment
delay and amendments.
(22) A provision has been included that in the event of a
dispute between the parties that a mediation process be
followed. If any party commences litigation, the
prevailing party as determined by the court, will be
entitled to attorney's fees.
annual review,
on property,
and delegation,
(23) The parties recognize that the Developer and the city are
negotiating agreements with the u.S. Fish and wildlife
and california Fish and Game to implement the "NCCP" and
the "MSCP" multi-species habitat programs. Modifications
to the Existing Project Approvals will be required to be
processed by the city, paid for by the Developer, and
would not constitute an amendment to the Agreement.
3. A9reemp-nt Term~ R~]8tin9 ~o SD~cific P8rties
Because each agreement is with a separate Property owner,
there are specific terms unique to each party by way of
benefits and acknowledgements.
5. United F.nterprises
The United Enterprises Agreement speaks specifically to
the Rock Quarry operations, which have been in existence
--ef2 - ?
/2--79
Meeting Date 6/25/96
Page 7
for about the last 40 years. Upon annexation, the Quarry
operations will become a legal non-conforming use in the
ci ty. This is due to the fact that the use was
authorized by the County prior to an ordinance which
would otherwise require a use permit. A Reclamation Plan
is on file with the county and the state Division of
Mines and Geology. The main provision relating to the
Quarry states that the owner will be allowed the
continued use of the property for rock quarry use, that
applications for related uses will be processed by the
city for uses including such things as an asphalt and
concrete batch plant and sand and gravel operations, and
that planning for the ultimate non-quarry use of the
property shall be allowed as well.
b. The Foundation
The Foundation would like the City to consider certain
land use changes and infrastructure commitments regarding
their property. Those considerations are obviously
subject to future discretionary applications including
environmental review and public hearing and cannot be
pre-judged. Therefore, the terms of the Agreement are
along the lines of language stating that the City shall
process said applications and give them reasonable
consideration. The requests for land use changes the
applicant would like to. make include the following:
transfer of residential units from Village 3 to Villages
2, 4 and 8; a change of the Village 3 land use from
industrial to industrial, commercial, recreational,
visitor serving and some residential, and a request to
expand the development areas of Villages 2, 3, 4, and 8
if environmental constraints can be satisfactorily
addressed. with regard to infrastructure, the Agreement
says the city will cooperate and work with CALTRANS to
facilitate improvements to the I-80S and otay Valley Road
interchange when needed, as well as hold appropriate
hearings to revise the DIF. In addition, we will
initiate contact and pursue discussions concerning the
number, SCheduling and financing of otay River road and
bridge crossing with tpe city and County of San Diego.
c. Villaae Develocment
A circumstance specific to Village Development is the
construction of additional east-west access. The
Agreement acknowledges that east-west access through the
property connecting to I-80S may be needed at a time when
inadequate DIF monies are a.ailable and other developers
are not able to contribute either. In effect, Village
Development could be pioneering the facility at its cost.
;1-- 7
1 ~ - <10
Meeting Date 6/25/96
Page 8
In that case, the city will be willing to consider a
traffic capacity development agreement, giving priority
status to some amount of project development. The
additional circulation capacity could be on either East
Palomar street or Orange Avenue. The Developer agrees to
proceed, if necessary, with Orange Avenue first since it
provides potentially greater traffic capacity. In
addition, if SR-125 is constructed prior to construction
of east-west access, then the timing of construction
required for Palomar or Orange will be re-reviewed.
A second element specific to the Village Development
Agreement is the application of the Natural Communities
Conservation Act (NCCP) and the Multiple Species
Conservation Program (MSCP). The Developer has
negotiated agreements with the resource agencies to make
certain trade-offs of sensitive habitat land preservation
in some areas for more flexible development possibilities
in some other areas. This Agreement recognizes that
circumstance, and the City agrees to reasonably consider
and process such amendments and consider them as part of
Existing Project Approvals and not requiring an amendment
to their Agreement.
A third factor, somewhat similar to what was mentioned
for the Foundation Agreement, would be to process and
reasonably consider an application for a land use change
necessitated by virtue of land use changes that will be
mandated in the otay Landfill buffer area. Land uses in
the 1,000 foot buffer area of Village 3 (east of the
landfill) are currently designated "Residential" and will
need to be changed to an acceptable "non-Residential"
designation. Village Properties would like to have an
amendment to the GDP considered to relocate those
residential uses elsewhere on the Project.
Ma;or Policy Yssues
The major policy issues, in staff's view, are only three at this
point. The issues are the agreement terms, application of growth
management changes and the length of time tentative maps remain in
effect.
1. A9reement Term - as stated earlier, the Developer wants a
40-year term and the city staff is of the opinion that a
20-year term is more than generous. While acknowledging that
the project buildout could be 40 years or more, that doesn't
mean the Development Agreement can or should run that long.
Many things will change over even a 10 or 20-year period that
it is not prudent to vest entitlements for 40 years. The
Developer could seek an amendment or another Development
/.) - Z'/
Meeting Date 6/25/96
Page 9
Agreement at that time. The city's existing agreements with
EastLake and Rancho del Rey have 7 or 10-year terms,
respectively. The recently approved Landfill Agreement with
the county has a term the length of operation of the landfill
or 50 years, whichever is earlier. We feel that is a
specialized agreement recognizing the uniqueness of a landfill
and ongoing moni tor:i.ng even beyond closure and should not
establish a precedent for this type of agreement.
2. Growth M~naqement Ordinance/Threshold standard Chanaes - The
Developers agree that they are subject to the provisions of
the Growth Management Ordinance including the Threshold
Standards and all of the public facility requirements
associated therewith, including existing and future approved
Public Facility Finance Plans (PFFP'S). They also agree that
they are subject to construct facilities to address project
required thresholds and the city retains the right to withhold
building permits should the relevant threshold be exceeded
until a deficiency is cured.
The issue then becomes whether or not they are subj ect to
changes in the Growth Management Ordinance and under what
conditions. The Developer wants to be protected from
"arbitrary" changes, which Developer states would be
impossible to meet and which in effect would stop all
development and negate the purpose of the Development
Agreement. An example would be changing the traffic threshold
from level of service "C" to level of service "A" or changing
the fire threshold from responding to calls in 7 minutes 85%
of the time to 2 minutes 100% of the time. The city, on the
other hand, has to be able to reasonably refine, adjust and
change, or add, to the thresholds as times, standards and
circUlllstances change. The compromise suggestion was to allow
for change if implemented citywide or east of I-80S and if the
changes met the purpose and intent section of the existing
ordinance. In other words, the driving motive of the
standards are to insure that adequate public facilities are
provided when needed and not as a means to impose housing caps
or stop development. The above conditions are acceptable to
staff and help to circumscribe the types of changes that will
be acceptable.
The Developers request that an additional phase be added
whereby the city may make changes to the Growth Management
Ordinance "which would not prevent or unreasonably delay the
development of the Property consistent with the Existing
proj ect Approvals." This seems unacceptably broad, in
particular the reference to "unreasonably delay" since the
Growth Management Ordinance by its very nature sets
performance standards and infrastructure provisions and
phasin~. Should a change in the ordinance result in a change
? - '7
J~-q'd-
Meeting Date 6/25/96
Page 10
in infrastructure phasing, then the timing of the Project
could very well be affected. The ability to change thresholds
has been an integral part of all of the City's development
agreements to date.
3. Lenqth of Validity of Tentative Subdivision Maps As mentioned
earlier, a tentative map normally has a 3-year life with a 3-
year extension. The terms of this Agreement call for a 10-
year life of a map not to exceed 3,000 units and for a map
with more than 3,000 units an additional year for each 300
units. Then a map with say 4,500 units would have a length of
15 years. The policy issue is how long a period of time the
city wants a tentative map to exist before a new map has to be
filed. From a planning perspective, the longer the period the
map exists, the greater likelihood that circumstances of
development surrounding the mapped area will have changed or
the map and its conditions will have been dated. The options
would be to stick with the time frames in the current
Subdivision Map Act (i.e. 3 years with a 3-year extension),
shorten the 10-year base period, or state that smaller maps,
say less than 500 units, should not receive any special
consideration as to length. Another option would be to allow
for the Council to approve any extensions from 6 to 20 years
in length after the normal map' extension period had run out.
All of the remaining Agreement terms and language are supported by
the Developers and staff as appropriate considerations for the
benefits occurring to both parties.
Fiscal Tmnact
It isn't possible to quantify the value of the Agreement to the
city or the other parties. Through annexation and the related
property tax, sales tax, etc., the City will realize significant
benefits. Likewise, the Developers benefit from the vesting and
certainty provided by the Agreement to be able to get loans and
sell and develop the Property in accordance with current and future
approvals.
H:\H~\ADM]N\DEVAG]l)
r:7 /0
/2-CZs
/o-f-:l6
PRE-ANNEXATION DEVELOPMENT AGREEMENT
THIS PRE-ANNEXATION DEVELOPMENT AGREEMENT ("Agreement") is
made effective on the date hereinafter set forth below by and among
THE OTAY RANCH, L.P., a California limited partnership, TICER
DEVELOnmNT THO, a Califsrnia limi tea. partReruhip, BY TICERIIE1.RT,
INC., a California serporlltion, ita general partner, VILLAGE
DEVELOPMENT, a California general partnership ("Developer") and THE
CITY OF CHULA VISTA, a municipal corporation, who agree as follows:
1. RECITALS.
following facts:
This Agreement is made with respect to the
1.1 Owner. The owners of the properties subj ect to this
Agreement (hereinafter collectively referred to as "Owner" or as
"Developer") are as follows:
1.1.1 Otay Ranch, L.P. is the owner of approxi-
mately 3,545 acres of undeveloped real property in the
unincorporated area of the County of San Diego ("County"),
described in Exhibits "A" and J1Gll "F", attached hereto and
incorporated herein by this reference.
1.1. 2 Ti~0r Dc.~y.elopfRc.Flt. Tl".;e io the OTnTncr af
~ppro}(imatcly 1,e31 acrco sf undeveloped real prepcrty in the
uniFlcerpern.tcEi area of the. COURty, dcocribca in Exhibita ":e"
ana. "c" I att:lcficei hereto aFld iFlcerporatcd hcrciFl by thio
re.fercFlcc.
1.1.3 Village Development is the owner of
approximately 35 acres of undeveloped real property in the
unincorporated area of the county, described in Exhibits llGll
"B" and J1Gll "F", attached hereto and incorporated herein by
this reference.
1.2 city. The City of Chula vista is a municipal
corporation and an incorporated city within the County.
1.3 Code Authorization and Acknowledoments.
1. 3.1 City
Government Code sections
development agreements
certainty for both City
development process.
is authorized pursuant to California
65864 through 65869.5 to enter into
for the purpose of establishing
and owners of real property in the
1.3.2 Government Code section 65865 expressly
authorizes a city to enter into a development agreement with
any person having a legal or equitable interest in real
property in unincorporated territory within that city's sphere
of influence for the development of property as provided in
the Development Agreement Law; provided that the agreement
shall not become operative unless annexation proceedings
-1-
12--11
annexing the property to the city are completed within the
time specified by the agreement.
1.3.3 City enters into this Agreement pursuant
to the provisions of the California Government Code, its home-
rule powers, and applicable City ordinances, rules, regula-
tions and policies.
1.3. 4 City and Owner acknowledge:
Owner acknowledge this Agreement will provide:
ci ty and
1.3.4.1 Certainty in the planning process so
that the property can be developed efficiently. This
will avoid unnecessary waste of resources and increases
in housing and other development costs. The Agreement
will allow comprehensive planning of a large property so
as to make maximum efficient utilization of resources at
the least economic cost to the public;
1. 3 . 4 . 2 To provide and assure to the City the
participation of Developer in the accelerated, coordinat-
ed and more economic construction, funding and dedication
to the public of certain needed public facilities and
benefits, and to provide for anticipated levels of
service to residents and populations of the property, the
City, and adjacent areas;
1.3.4.3 To provide and assure that the City
receive sales tax revenues, increase in the property tax
base, residential housing and other development, sewer,
water and street facilities;
1.3.4.4 To provide and assure that the City
receives public facilities in excess of project generated
impacts and such facilities shall be of supplemental
size, number capacity or length, which shall be provide
earlier than could be provided either by funds from the
city or than would strictly be necessary to mitigate
project related impacts at any development phase;
1.3.4.5 To provide Developer assurances
regarding the entitlements and regulations that will be
applicable to the development of the property consistent
wi th the Chula Vista General Plan and the Otay Ranch
General Development Plan/Subregional Plan;
1.3.4.6 To provide the city the opportunity
to secure immediate annexation of the lands depicted in
Attachment ~ "c" and secure a related tax revenue
sharing agreement with the County of San Diego to assure
that development of the properties will generate suffi-
cient tax revenues to offset the costs of providing
services to the properties;
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1.3.4.7 To enable the City to secure title to
the land with the boundaries of the property necessary to
complete the Chula vista greenbelt system as defined in
the Chula Vista General Plan;
1.3.4.8 To enable the City to advance its
stated goal to identify and secure a site for a potential
four year university;
1.3.4.9 To assure the City that the Developer
will dedicate right-of-way for SR-125, a route which when
constructed will substantially alleviate congestion on 1-
805 and 1-5, and also will facilitate the economic
development of Chula Vista; and
1.3.4.10 To enable the City to prepare and
adopt a Habitat Conservation Plan consistent with the
requirements of the Natural Communities Conservation Act,
including the phased conveyance of open space land to the
Otay Ranch Preserve.
1.4 The Annexation. The city has applied to tho Leeal
h~ency Fermatien CeIl\Il\issien ("Ll.FCO") fer annClration of Ephcro of
IRfl1.:lcR8c rl:lnning 7'...rca 1 tiThe. ota:; ['aLeel", rlanning l...rca :2
"IRvcrted L" and tho Uary I'atricl( Estate I'arcel (see .'\ttaehRlcnt
"D") . On JulY 1. 1996. the Local Aqencv Formation Commission
("LAFCO") approved annexation of Sphere of Influence Planninq Area
1 "The Otay Parcel". Planninq Area 2 "Inverted L" and the Marv
Patrick Estate Parcel (see Attachment "C").
1.5 Sphere of Influence. A City applicatien is pendin~
seferc LAFCO to have the Otay Valley I'arcel included ,:ithin City's
GIlhere ef influence. On Fesruary 5, 199C the Lecal A~ency
FermatioR Cemmissien apprevcd the inclusion ef apprelrimately 7,600
acres inte thc City Ephere ef Influence (Ephere ef Influence
I'lannin~ l.rea 2 and thc northern t....o thirds ef I'lannin~ l.rea 1) ,
and de5i~natea the Otay River Valley an villa~e 3 as special study
areas. On February 5. 1996 and JulY 1. 1996 the Local Aqency
Formation Commission approved the inclusion of Planninq Area 1.
"The Otav Parcel". into the City Sphere of Influence (Sphere of
Influence Planninq Area 1 "The Otay Parcel". Planninq Area 2
"Inverted L" and the Mary Patrick Estate Parcel - see Attachment
"e") .
1.6 Planninq Documents. On October 28, 1993, City and
County adopted the Otay Ranch General Development Plan/Subregional
Plan ("the GDP") which includes the Otay Ranch Village Phasing
Plan, Facility Implementation Plan, Resource Management Plan and
Service Revenue Plan, for approximately 23,000 acres of the Otay
Ranch, including the Otay Valley Parcel and the SNMB, Jewels and
Foundation Properties. The city amended the GDP on June 4, 1996.
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1.6.1 SPA One Plan. On June 4, 1996, the Chula
Vista city council approved the Otay Ranch Sectional Planning
Area (SPA) One Plan including the Planned community District
Regulations, Overall Design Plan, Village Design Plan, Public
Facilities Plan, Parks, Recreation, Open Space and Trails
Plan, Regional Facilities Report, Phase 2 Resource Management
Plan, Non-renewable Energy Conservation Plan, Ranch-wide
Affordable Housing Plan, SPA One Affordable Housing Plan, and
Geotechnical Report.
1. 7 Owner Consent. city desires to have the cooperation
and consent of Owner to include the Property in the Annexation in
order to better plan, finance, construct and maintain the infra-
structure for the Otay Valley Parcel; and the Otay Ranch L.P., a
California limited partnership, 'Figer DeyeleplllcFlt 'F".;e, a CaliferFlia
limited partncr~hi~1 ey Ti~erhe~rt, IRS., a C31ifornia cerporatian,
its geReral ~artFler, and Village Development, a California general
partnership desire to give their cooperation and consent, provided
that they obtain certain assurances, as set forth in this
Agreement.
1. 8 ci tv Ordinance. July 9, 1996 is the date of
adoption by the city Council of Ordinance No. 2679 approving this
Agreement. The ordinance shall take effect and be in full force on
the effective date of Annexation.
2. Definitions.
otherwise requires:
In this Agreement, unless the context
2.1 "Annexation" means the proposed annexation of that
portion of the Otay Ranch into the City as depicted on Exhibit "D".
2 . 2 "ci ty" means the City of Chula Vista, in the County
of San Diego, State of California.
2.3 "County" means the County of San Diego, State of
California.
2.4 "Development Plan" means the GDP.
2.5 "GDP" means the General Development Plan/Subregional
Plan for the Otay Ranch, described in Paragraph 1.6, above.
2.6 "Owner" or "Developer" means the person, persons, or
entity having a legal and equitable interest in the Property, or
parts thereof, and includes Owner's successors-in-interest.
2.7 "Project" means the physical development of the
private and public improvements on the Property as provided for in
the Existing Project Approvals and as may be authorized by the city
in Future Discretionary Approvals.
2.8 "Property" means the real property described in
Paragraphs 1.1.1, 1.1.2, and 1.1.3.
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2.9 The "Term" of this Agreement means the period
defined in Paragraph 3, below.
2.10 "Builder" means developer to whom Developer has sold
or conveyed property within the Property for purposes of its
improvement for residential, commercial, industrial or other use.
2.11 "CEQA" means the California Environmental Quality
Act, California Public Resources Code section 21000, et seq.
2.12 "city Council" means the city of Chula vista City
council.
2.13 "Commit" or "Committed" means all of the following
requirements have been met with respect to any public facility:
2.13.1 For a public facility within the City's
jurisdictional boundaries and a responsibility of the develop-
er.
2.13.1.1 All discretionary permits required of
the Developer have been obtained for construction of the
public facility;
2.13.1.2 Plans for the construction of the
public facility have all the necessary governmental
approvals; and
2.13.1.3 Adequate funds (i.e., letters of
credit, cash deposits, performance bonds or land secured
public financing, including facility benefit assessments,
Mello-Roos assessment districts of similar assessment
mechanism) are available such that the City can construct
the public facility if construction has not commenced
within thirty (30) days of issuance of a notice to
proceed by the Director of Public Works, or construction
is not progressing towards completion in a reasonable
manner as reasonably deemed by the Director of Public
Works.
2.13.2 For a public facility within the city's
jurisdictional boundaries, but to be provided by other than
Developer.
2.13.2.1 Developer's proportionate share of
the cost of such public facility as defined in the
existing project Approvals and Future Discretionary
Approvals has been provided or assured by Developer
through the payment or impositions of development impact
fee or other similar exaction mechanism.
2.13.3 For public facility not within City's
jurisdictional boundaries:
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the cost
existing
Approvals
Developer
of Public
2.13.3.1 Developer's proportionate share of
of such .public facility as defined in the
Project' Approvals and Future Discretionary
has been provided for or otherwise assured by
to the reasonable satisfaction of the Director
Works.
2.14 "Development Impact Fee (DIF)" means fees imposed
upon new development pursuant to the City of Chula vista
Development Impact Fee Program, for example, including but not
limited to the Transportation Development Impact Fee Program, the
Interim SR-125 Development Impact Fee Program, the Salt Creek Sewer
DIF and the Public Facilities DIF.
2.15 "Existing Project Approvals" means all discretionary
approvals affecting the Project which have been approved or
established in conjunction with, or preceding, the effective date
consisting of, but not limited to the GDP, the Chula Vista General
Plan, the otay Ranch Reserve Fund Program adopted pursuant to
Resolution 18288, the SPA One Plan and the Phase II Resource
Management Plan (RMP), as may be amended from time to time
consistent with this agreement.
2.16 "Final Map(s)" means any final subdivision map for
all or any portion of the Property other than the Superblock Final
Map ("A" Maps).
2.17 "Future Discretionary Approvals" means all permits
and approvals by the City granted after the effective date and
excluding existing Project Approvals, including, but not limited
to: (i) grading permits; (ii) site plan reviews; (iii) design
guidelines and reviews; (iv) precise plan reviews; (v) subdivisions
of the Property or re-subdivisions of the Property previously
subdivided pursuant to the Subdivision Map Act; (vi) conditional
use permits; (vii) variances; (viii) encroachment permits;
(ix) sectional Planning Area plans; (x) all other reviews, permits,
and approvals of any type which may be required from time to time
to authorize public or private on- or off-site facilities which are
a part of the Project.
2.18 "Planning commission" means the Planning commission
of the city of Chula vista.
2.19 "Preserve Conveyance Plan" means a plan that sets
forth policies and identifies land to be transferred and/or fees to
be paid to insure the orderly conveyance of the Otay Ranch land to
the Preserve Owner Manager. The purpose of the plan is to fulfill
the obligations to convey resource sensitive land, per the criteria
contained in the phase I and II Resource Management Plans and to
mitigate environmental impacts of the Otay Ranch Project.
2.20 "Public Facility"
public facilities described
Implementation Plan.
or "Public Facilities" means those
in the otay Ranch Facility
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2.20.1 "SPA One Plan" means The Otay Ranch
sectional Planning Area (SPA) One Plan approved by the city of
Chula vista on June 4, 1996, including the Planned community
District Regulations, Overall Design Plan, Village Design
Plan, Public Facilities Finance Plan, Parks, Recreation, Open
Space and Trails Plan, Regional Facilities Report, Phase 2
Resource Management Plan, Non-renewable Energy Conservation
Plan, Ranch-wide Affordable Housing Plan, SPA One Affordable
Housing Plan, and Geotechnical Report.
2.21 "Subdivision Map Act" means the California
Subdivision Map Act, Government Code section 66410, et seq., and
its amendments as may from time to time be adopted.
2.22 "Substantial Compliance" means that the party
charged with the performance of a covenant herein has sufficiently
followed the terms of this Agreement so as to carry out the intent
of the parties in entering into this Agreement.
2.23 "Threshold" means the facility thresholds set forth
in the City'S Municipal Code Section 19.19.040.
3. Term. This Agreement shall become effecti ve as a
development agreement upon the effective date of the Annexation
("the Effective Date"); provided, however, that if the Annexation
does not occur on or before January 1, 1997, this Agreement shall
be null and void. Any of the foregoing to the contrary notwith-
standing, from the date of first reading of the ordinance approving
this Agreement, and unless or until this Agreement becomes null and
void, Owner shall be bound by the terms of Paragraph 4. The Term
of this Agreement for purposes other than Paragraph 4 shall begin
upon the Effective Date, and shall continue for a period of twenty
(20) years ("the Term") .
The term shall also be extended for any period of time during which
issuance of building permits to Developer is suspended for any
reason other than the default of Developer, and for a period of
time equal to the period of time during which any action by the
city or court action limits the processing of future discretionary
approvals, issuance of building permits or any other development of
the property consistent with this Agreement.
4. Owner Consent to Annexation. Owner hereby consents to
and shall cooperate with the applications of city to declare that
the land depicted in Exhibit B Q is within City'S sphere of
influence and to annex the land depicted in Exhibit B Q to the
city; provided, however, that Owner may withdraw such consent and
withhold further cooperation if the City, prior to the Effective
Date, adopts rules, regulations, ordinances, policies, conditions,
environmental regulations, phasing controls, exactions, entitle-
ments, assessments or fees applicable to and governing development
of the property which are inconsistent with, or render impractical
development of the Property according to, the Development Plan.
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5. Vested Riqhts. Notwi thstanding any future action or
inaction of the City during the term of this Agreement, whether
such action is by ordinance, resolution or policy of the city,
Owner and Developer shall have a vested right, provided however the
developer is not in default of its obliqations under this Aqree-
ment. and except as may be otherwise provided in this section 5, to
construct the Project in accordance with:
5.1 Existing Project Approvals.
5.2 Development of Propertv. The development of the
Property will be governed by this Agreement and Existing Project
Approvals and such development shall comply and be governed by all
rules, regulations, policies, resolutions, ordinances, and
standards in effect as of the Effective Date subject to the
provisions of section 5.2.1 below. The city shall retain its
discretionary authority as to Future Discretionary Approvals,
provided however, such Future Discretionary Approvals shall be
regulated by the Existing Project Approvals, this Agreement, and
city rules, regulations, standards, ordinances, resolutions and
policies in effect on the Effective Date of this Agreement and
subject to section 5.2.1.
Notwithstanding the foregoing, the City may make such changes to
the City's Growth Management Ordinance applicable to the Project as
are reasonable and consistent with the purpose and intent of the
existing Growth Management Ordinance and which are generally
applicable to all private projects citywide or east of 1-805 or
within a specific benefit, fee or reimbursement district created
pursuant to the California Government Code.
5.2.1 New or Amended Rules. Requlations.
Policies. Standards. Ordinances and Resolutions. The City may
apply to the Project, including Future Discretionary Approv-
als, new or amended rules, laws, regulations, policies,
ordinances, resolutions and standards generally applicable to
all private projects east of 1-805 or within a specific
benefit fee or reimbursement district created pursuant to the
California Government Code. The application of such new
rules, or amended laws, regulations, resolutions, policies,
ordinances and standards will not unreasonably prevent or
unreasonablY delay development of the Property to the uses,
densities or intensities of development specified herein or as
authorized by the Existing Project Approvals. The City may
also apply changes in city laws, regulations, ordinances,
standards or policies specifically mandated by changes in
state or federal law in compliance with section 13.3 herein.
5.2.2 Developer may elect with city's consent,
to have applied to the project any rules, regulations,
policies, ordinances or standards enacted after the date of
this Agreement. Such an election has to be made in a manner
consistent with section 5.2 of this Agreement.
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5.2.3 Modifications to Existinq Prolect Approv-
als. It is contemplated,by the parties to this Agreement that
the city and Developer may mutually seek and agree to modifi-
cations to the Existing Project Approvals. Such modifications
are contemplated as within the scope of this Agreement, and
shall, upon written acceptance by all parties, constitute for
all purposes an Existing Project Approval. The parties agree
that any such modifications may not constitute an amendment to
this Agreement nor require an amendment to the Agreement.
5.2.4 Future Discretionarv Approvals. It is
contemplated by the parties to this Agreement that the City
and Developer may agree to Future Discretionary Approvals. The
parties agree that any such Future Approvals may not consti-
tute an amendment to this Agreement nor require an amendment
to the Agreement. Developer aqrees to reasonablY cooperate
wi th any amendments to Existinq and Future Discretionarv
Approvals as may be requested bv the City from time to time.
5.3 Dedication and Reservation of Land for Public
Purposes. Except as expressly required by this Agreement or the
Existing Project Approvals and Future Discretionary Approvals
(excepting dedications required within the boundaries of any parcel
created by the subsequent subdivision of the Property as required
by the Subdivision Map Act), no dedication or reservation of real
property within or outside the Property shall be required by City
or Developer in conjunction with the Project. Any dedications and
reservations of land imposed shall be in accordance with section
7.2 and section 7.8 herein.
5.4 Time for Construction and Completion of Prolect.
Because the California supreme Court held in Pardee Construction
Company v. city of Camarillo (1984) 27 Cal.3d 465, that the failure
of the parties to provide for the timing of development resulted in
a later-adopted initiative restricting the timing of development to
prevail over such parties' Agreement, it is the intention of the
parties to this Agreement to cure that deficiency by specifically
acknowledging that timing and phasing of development is completely
and exclusively governed by the Existing project Approvals,
including the Chula vista Growth Management Ordinance. The purpose
of the Chula vista Growth Management Ordinance is to "control the
timing and location of development by tying the pace of development
to the provision of public facilities and improvements to conform
to the city's threshold standards." (Municipal Code section
19.09.0l0A.7) The findings in support of the Growth Management
Ordinance conclude that the ordinance "does not affect the number
of houses which may be built." (Municipal Code section
19.09.0l0B.3) Therefore, the parties acknowledge that the Chula
vista Growth Management Ordinance completely occupies the topic of
development timing and phasing and expressly precludes the adoption
of housing caps, urban reserves or any other means by which the
rate of development may be controlled or regulated. The City
agrees that the Developer shall be entitled to, apply for and
receive all permits necessary for the development of property,
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consistent with the Growth Management Ordinance, Existing Project
Approvals, Future Discretionary Approvals and this Agreement.
5.5 Benefit of vestinq. Nothing in this Agreement will
be construed as limiting or impairing Developer's vested right, if
any, to proceed with the development and use of the Property
pursuant to the Federal and state Constitutions, and pursuant to
statutory and decisional law.
5.6 Vestinq of Entitlements. All rights conferred by
this Agreement vest with the Effective Date hereof. The approval
of Future Discretionary approvals shall not be deemed to limit
Developer's rights authorized by this Agreement, and once such
approvals are obtained they shall be vested to the same extent as
the Existing Project Approvals.
6. DEVELOPMENT PROGRAM.
6.1 Processinq of Future Discretionarv Approvals. City
will accept and diligently process development applications and
requests for Future Discretionary Approvals, or other entitlements
with respect to the development and use of the Property, provided
said applications and requests are in accordance with this
Agreement. City costs for processing work related to the Project,
including hiring of additional City personnel and/or the retaining
of professional consultants, will be reimbursed to City by
Developer.
6.2 Lenqth of Validitv of Tentative Subdivision Maps.
Government Code Section 66452.6 provides that tentative subdivision
map(s) may remain valid for a length up to the term of a Develop-
ment Agreement. The city agrees that tentative subdivision maps
for the Property shall be for a term of six (6) years and may be
extended by the City Council for a period of time not to exceed a
total of twenty (20) years and in no event beyond the term of this
Agreement.
6.3 Pre-Final Map Development. If Developer desires to
do certain work on the Property after approval of a tentative map
(for example, grading) prior to the recordation of a final map, it
may do so by obtaining a grading and/or other required approvals
from the city which are authorized by the City prior to recordation
of a final map. The permit may be approved or denied by the city
in accordance with the city's Municipal Code. requlations and
policies and provided Developer is in compliance with this
Aqreement and with the terms of all Existinq and Future Discretion-
ary Approvals. In addition. the Developer shall be required to
~uch permit ohall Be ioo~ea te De~elapcr, ey ita ce~tr~cter, upon
Devcleper's application, appreval, ana pro,iaca Dc,elepcr posts a
bond or other reasonably adequate security required by City in an
amount determined bv the citv to assure the rehabilitation of the
land if the applicable final map does not record.
6.4 Final Maps.
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6.4.1 "A" Maps and "B" Maps. HDevelopershall
so eleets, the City shall accept ana process a master subdivi-
sion or parcel map ("A" Map) showing "super Block" lots and
backbone street dedications. "Super Block" lots shall be
consistent with the GDP and subsequent sectional Plan Area
plans, and shall not subdivide land into individual single-
family lots. All "super Blocks" created shall have access to
dedicated public streets. The City shall not require improve-
ment plans in order to record a final map for any "A" Map
lots, but the City ohall require benain~ for the eempletion of
l3ackl3ene faeilitiea prior te reeerain~ in an amount to be
aetcrminea by the City. Following the approval by City of any
final map for an "A" Map lot and its recordation, Developer
may convey the "Super Block" lot. The buyer of a "Super
Block" lot shall then process final improvement plans and
grading plans and a final map ("B" Map) for each "Super Block"
lot which the city shall process if such documents are in
compliance with the citv's Municipal Code. standard policies,
and the applicable tentative map. The "B" Maps shall be in
substantial conformance with the related approved "A" Map. In
the instance of the mUlti-family dwelling unit areas, a
separate tentative subdivision map may be submitted to the
city and the liB" Map(s) for these areas may be submitted to
the city after the City Planning commission approves said
tentative subdivision map.
6.4.2 Recordation of Final Subdivision Map in
Name of Builder or Third Party. Developer may, if it so
elects, convey to a Builder or third party any "super block"
lot(s) shown on the recorded Superblock Final Map. In such
case, the Builder or third party will (i) process any neces-
sary final improvement and grading plans and a final map for
each such "super block" lot I"B" map), which map City shall
accept and process if such map is in compliance with the
City's Municipal Code. standard policies. the applicable
tentative map. and the provisions of 7.1 of this Aareement if
applicable as subsequent phases in a multi-phase project, (ii)
enter into a subdivision improvement agreement with City with
respect to the subdivision improvements which are required for
such super block lot, and (iii) provide security and insurance
satisfactory to city for the completion of the subdivision
improvements. liv) aaree. in such case, with the City's
consent to complY with the obliaations set forth in 7.1.
6.4.3 Recordation of Final Subdivision Map in
Developer'S Name; Transfer of Obliaations Under Subdivision
Improvement Aareement Is) . If Developer so elects, it may
defer the conveyance of any super block lot to a Builder or
third party until after the final map of such super block lot
has been recorded. If Developer elects to proceed in this
manner, it will enter into city's standard subdivision
improvement agreement(s) with city for the improvements
required as a condition to the approval of such map(s). Upon
sale to a Builder or third party, if such Builder or third
party assumes Developer'S obligations with the city's consent
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under the improvement agreement and provides its own security
and insurance for the completion of the subdivision improve-
ments satisfactorv to the citv and as approved by the City,
Developer shall be released from liability under the subdivi-
sion improvement agreement(s) and Developer'S security shall
be released.
6.4.4 Transfer of Riqhts and Obliqations of
Develooment. Whenever Developer conveys a portion of the
Property, the rights and obligations of this Agreement shall
transfer in accordance with Section 15 herein.
7. DEVELOPER'S OBLIGATIONS.
7.1 Condition to Develooer's Obliqations to Dedicate. Fund or
Construct Public Facilities. Developer agrees to develop or
provide the public improvements, facilities, dedications, or
reservations of land and satisfy other exactions conditioning the
development of the Property which are set forth hereinbelow. In
addition to any other obliqations the Develooer may have. Villaqe
Develooment. Otav Ranch L.P. or their successor in interest as its
sole and seoarate resoonsibilitv. covenants and aqrees to orovide
or finance the cost of backbone facilities as identified on the
aoorooriate Tentative Mao and required bv any final mao (includinq
"B" Maos). This requirement mav be satisfied throuqh the construc-
tion or financinq of said facilities or with the city's aooroval of
anY of the followinq: the establishment of a reimbursement
mechanism. a develooment imoact fee oroqram. an assessment
mechanism. or other equitable facility financinq oroqram within the
city's discretion. This requirement shall be deemed satisfied in
the event that the Builder(s) of a "B" Mao exoresslv assume the
obliqations with the consent of the citv to orovide said backbone
facilities. Villaqe Develooment. Otay Ranch L.P.. or their
successor in interest shall orovide adequate funds as determined bv
the CitvEnqineer for the imolementation and construction of the
first chase backbone facilities orior to the aooroval of the first
final "B" Mao. For ourooses of this Section. backbone facilities
mean those facilities such as water. sewer. storm drain and oublic
streets necessary to serve demands qenerated for the backbone
facility beyond that of any sinqle "B" mao. but are not included
within a wider area city develooment imorovement fee oroqram.
The obliqations of the Develooer. oursuant to this Aqreement. are
conditioned uoon: (i) the city not beinq in default of its
obliqations under this aqreement; and (ii) the city not unreason-
ably oreventinq or unreasonablY delayinq the develooment of the
orooerty; and (iii) if the Aqreement has been susoended in resoonse
to chanqes in state or federal law or due to said obliqations beinq
susoended oursuant to Section 13.2. said obliqations of Develooer
shall be susoended for the same oeriod of time.
7.2 Dedications and Reservations of Land for Public Purooses.
The policies by which property will be required to be reserved,
dedicated or improved for public purposes are identified in the
Existing Project Approvals. A more precise delineation of the
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property to be preserved, dedicated or improved for public purposes
shall occur as part of Future Discretionary Approvals, consistent
with development of prooertvas set forth in section 5.2 herein.
7.2.1 Dedication of Land for SR 125. Developer
agrees to dedicate land for right-Of-way purposes and property
owned by the Developer that is reasonably necessary for the
SR-125 configuration that is generally depicted in the SR-125
draft Environmental Impact Report/statement and as revised in
the Final Environmental Impact Report/statement to respond to
engineering, design, environmental and similar constraints.
The dedications shall be to the city or by an alternate method
acceptable to the City at such time as requested by the city.
City agrees that in the event City shall negotiate with
California Transportation Ventures (CTV) or other toll road
builder any participation or advantages to City that city
shall share such rights with subsequent owner/resident of the
property.
7.2.2 Landfill Nuisance Easements. Developer shall
grant to the county by July 1, 1996 "Landfill Nuisance
Easements" substantially in the form attached as Exhibit E.
The Easement shall cover all land which is within the Otay
Landfill Buffer Area of villages 2, 3 and Planning Area 18B of
the otay Ranch GDPP as shown on Exhibit E hereto.
In addition. Developer aqrees to enter into subordination
aqreements. acceptable to the Countv. with all lienholders
havinq an interest in the Propertv to ensure that this
Aqreement has a prioritv position over all other liens. The
subordination aqreements shall be delivered to the citv prior
to the second readinq of the Ordinance approvinq the Aqree-
ment. If there is no second readinq of this Aqreement. the
citv shall return said subordination aqreements to the
Developer. If the Countv Board of Supervisors does not accept
or approve said easements. this Aqreement shall be automati-
callv terminated with neither partv bearinq anv liabilitv
hereunder.
7.2.3 Preserve Convevance Plan. The Developer
shall comply with any existing or yet to be adopted Preserve
Conveyance Plan and convey property as set forth in such Plan.
7.3 Growth Manaqement Ordinance. Developer shall commit the
public facilities and city shall issue building permits as provided
in this Section and in accordance with Existinq proiect Approvals
and Future Discretionarv Approvals. The city shall have the right
to withhold the issuance of building permits any time after the
city reasonably determines a Threshold has been exceeded, unless
and until the Developer has mitigated the deficiency in accordance
with the City's Growth Management Ordinance.
Developer agrees that building permits may be withheld where the
public facilities described in the Existing project Approvals/
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Future Discretionary Approvals required for a particular Threshold
have not been committed.
In the event a Threshold is not met and future building permit
issuance may be withheld, the notice provisions and procedures
contained in Section 19.09 .100C of the Municipal Code will be
followed. In the event the issuance of building permits is
suspended pursuant to the provisions herein, such suspension shall
not constitute a breach of the terms of this Agreement by Develop-
er. Furthermore, any such suspension which is not caused by the
actions or omissions of the Developer, shall toll the term of this
Agreement as provided for in section 16.12 of this Agreement, and
suspend the Developer's obligations pursuant to this Agreement.
7.3.1 Required Condemnation. The City and Developer
recognize that certain portions of the Resource Preserve and
of the pUblic facilities identified in the Existing Project
Approvals/Future Discretionary Approvals and required to
comply with a threshold are located on properties which
neither the Developer nor the city has, or will have, title to
or control of. The city shall identify such property or
properties and at the time of filing of the final map commence
timely negotiations or, where the property is wi thin the
City's jurisdiction, commence timely proceedings pursuant to
Title 7 (commencing with S 1230.010) of Part 3 of the Code of
civil Procedure to acquire an interest in the property or
properties. Developer's share of the cost involved in any
such acquisition shall be based on its proportionate share of
the public facility as defined in the Existing Project
Approvals/Future Discretionary Approvals. Notwithstanding the
foregoing, Nnothing in this Agreement shall be deemed to
preclude the city from requiring the Developer to pay the cost
of acquiring such off-site land. For that portion of the cost
beyond the Developer's fair share responsibility, the city
shall take all reasonable steps to establish a procedure
whereby the developer is reimbursed for such costs beyond its
fair share.
7.3.2 Information Reqardinq Thresholds. Upon
Developer's written requests of the City Manager, the City
will provide Developer with information regarding the current
status of a Threshold. Developer shall be responsible for any
staff costs incurred in providing said written response.
7.4 Improvements Required bv a Tentative Subdivi-
sion Map. As may be required pursuant to the terms of a tentative
subdivision map approval, it shall be the responsibility of
Developer to construct the improvements required by the a subdivi-
sion map. Where Developer is required to construct a public
improvement which has been identified as the responsibility of
another party or to provide public improvements of supplemental
size, capacity, number or length benefiting property not within the
tentative subdivision map, City shall process for consideration to
approve or deny in its sole discretion a reimbursement agreement to
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1d.--17
the Developer in accordance with the citv's Municipal Code and
Article 6 of Chapter 4 of the, Subdivision Map Act, commencing with
Government Code section 66485, and section 7.5, below. This does
not preclude the Developer or the city from considerinq alternative
financinq mechanisms.
7.5 Facilities Which Are the Obliqations of Another
Party. or Are of Excessive Size. Capacity. Lenqth or Number.
Developer may offer to advance monies and/or construct public
improvements which are the responsibility of another land owner, or
outside the city's jurisdictional boundaries, or which are of
supplemental size, capacity, number or length for the benefit of
land not within the Property. city, where requesting such funding
or construction of oversized public improvements, shall consider
after a public hearing, contemporaneous with the imposition of the
obligation, the formation of a reimbursement district, assessment
district, facility benefit assessment, or reimbursement agreement
or other reimbursement mechanism.
7.6 pioneerinq of Facilities. To the extent Developer
itself constructs (Le., "Pioneers") any public facilities or
public improvements which are covered by a DIF Program, Developer
shall be given a credit against DIFs otherwise payable, subject to
the city's Director of Public Works reasonable determination that
such costs are allowable under the applicable DIF Program. It is
specifically intended that Developer be given DIF credit for the
DIF Program improvements it makes. The fact that such improvements
may be financed by an assessment district or other financing
mechanism, shall not prevent DIF credit from being given to the
extent that such costs are allowed under the applicable DIF Program
7.7 Insurance.
insured for all insurance
Project as pertains to the
the Project.
Developer shall name City as additional
policies obtained by Developer for the
Developer's activities and operation on
7.8 Other Land Owners. Developer hereby agrees to
dedicate adequate rights-of-way within the boundaries of the
Property for other land owners to "pioneer" public facilities on
the Property; provided, however, as follows: (i) dedications shall
be restricted to those reasonably necessary for the construction of
facilities identified in the city's adopted public facility plans;
(ii) this provision shall not be binding on the successors-in-
interest or assignees of Developer following recordation of the
final "Super Block" or "A" Map; and (iii) the City shall use its
reasonable best efforts to obtain agreements similar to this
subsection from other developers and to obtain equitable reimburse-
ment for Developer for any excess dedications.
7.9 Construction of East-West Access. Pursuant to
city's requirements, Developer is required to pay Transportation
Development Fees (TDIF) for a variety of purposes including
construction of east-west arterial access through the Property
connecting to I-80S. Alternatively, the Developer may be required
to actually construct all or portions of such access if, at the
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time of need, the TDIF fund does not contain sufficient revenues to
finance the construction of the needed facilities. Such east-west
arterial access from SPA One to 1-805 could occur on either East
Orange Avenue or on East Palomar Street. It is not now possible to
determine with certainty when it will be necessary to actually
construct the arterials in order to comply with the threshold
requirements because the rate and location of future development is
unknown. The total cost and length of the arterial, which might be
constructed by the Developer, are unknown at this time because it
cannot be determined if and when development west of the property
(Sunbow) will construct the Western portion of the arterials. Such
uncertainty makes it difficult to plan and finance the orderly
development of the property and needed on-site and off-site
facilities. To provide greater certainty as to the timing and
construction of east-west arterial access, the City agrees to
reasonably consider in good faith a traffic capacity agreement with
Developer which would reserve traffic capacity for all or part of
SPA One in exchange for Developer's agreement to pioneer all or
part of planned east-west access to SPA One.
7.10 Assurances of Compliance. Owner acknowledqes that
the city is not required to and will not take any action on any of
Owner's applications for Future Discretionary Approvals under this
Aqreement. or any modifications or amendments thereof. until and
unless the city Manaqer determines that the Owner is not in default
of its obliqations under this Aqreement includinq but not limited
to those set forth in Section 7.11 and 14.
7.11 Complete Construction. Developer/Builder or any
third party aqree to diliqently complete construction once a
buildinq permit has been issued for Property which is covered by
this Aqreement. Should construction stop once the buildinq permits
have been issued bY the city. which the city in its sole discretion
determines has created a nuisance or fire or safety hazard. the
Developer aqrees to take such steps necessary to cure the nuisance
or hazard. Should Developer fail to do so to the city's satisfac-
tion. the city may take what steps it deems necessary to cure the
nuisance or hazard at Developer's sole cost and expense.
8. DEVELOPMENT IMPACT FEES.
8.1 Existinq Development Impact Fee Proqram Payments.
Developer shall pay to the City a DIF, or construct improvements in
lieu of payment, for improvements which are conditions of a
tentative subdivision map upon the issuance of building permits(s),
or at a later time as specified by city ordinance, the Subdivision
Map Act, or Public Facility Financing Plan (PFFP). The DIF will be
in the amount in effect at the time payment is made and may only be
increased pursuant to Section 8.6 herein.
8.2 Other Undeveloped Properties. The city will use its
reasonable best efforts to impose and collect, or cause the
imposition and collection of, the same DIF program on all the
undeveloped real properties which benefit from the provision of the
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1:;1-9'1
public facility through the DIF program, or provided as a condition
of Project Approvals.
8.3 Use of Development Impact Fee Prooram. The DIF
amounts paid to the city by Developer and others with respect to
the Area of Benefit shall be placed by the city in a capital
facility fund account established pursuant to California Government
Code sections 66000-66009. The City shall expend such funds only
for the Projects described in the adopted fee program as may be
modified from time to time. The city will use its reasonable best
efforts to cause such Projects to be completed as soon as practica-
ble; however, the city shall not be obligated to use its general
funds for such Projects.
8.4 withholdino of Permits. Developer agrees that city
shall have the right to withhold issuance of the building permit
for any structure or improvement on the Property unless and until
the DIF is paid for such structure or improvement.
8.5 Development Impact Fee Credit. Upon the completion
and acceptance by the City of any public facility, the City shall
immediately credit Developer with the appropriate amount of cash
credits ("EDUs") as determined by Developer and city. However, if
the improvements are paid for through an Assessment District, the
City shall credit the Developer with the appropriate number of
Equivalent Dwelling unit Credits (EDU's). Developer shall be
entitled to apply any and all credits accrued pursuant to this
subsection toward the required payment of future DIF for any phase,
stage or increment of development of the Project.
8.6 Modification of Development Impact Fees. The
parties recognize that from time to time during the duration of the
Agreement it will be necessary for the City to update and modify
its DIF fees. Such reasonable modifications are contemplated by
the City and the Developer and shall not constitute a modification
to the Agreement so long as: (i) the modification incorporates the
reasonable costs of providing facilities identified in the Existing
or Future Project Approvals; (ii) are based upon methodologies in
substantial compliance with the methodology contained in the
existing DIF programs; or other methodology approved by the City
Council following a public hearing; (iii) complies with the
provisions of Government Code sections 66000-66009.
8.7 Standards for Financino Oblioations of Owner. In
connection with the development of the Property, the following
standards regarding the financing of public improvements shall
apply:
8.7.1 Owner shall participate in the DIF Program
for the Otay Valley Parcel with other owners in proportion to
the total dwelling units or equivalent dwelling units allowed
on the Property as compared with the total of such units
allowed on properties in that particular DIF or by some other
equitable methodology decided by the city Council.
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12-- 100
8.7.2 The CIty shall diligently pursue the
requirements that the, Eastern Territories' DIF requires
offsite third parties and adjacent jurisdictions to bear their
fair share of all Otay River Valley crossings.
9. CITY OBLIGATIONS.
9.1 Urban Infrastructure. To the extent it is within
the authority and abilitv of the City to provide, City shall
accommodate urban infrastructure to the project, consistent with
Existing Project Approvals. Where it is necessary to utilize City
property to provide urban infrastructure consistent with the
Existing Project Approvals, the City agrees to make such land
available for such uses, provided that the city if it so chooses is
compensated at fair market value for the property. To the extent
that the provision of urban infrastructure is within the authority
of another public or quasi-public agency or utility, the City
agrees to fully cooperate with such agency or agencies to accommo-
date the urban infrastructure, consistent with Existing Project
Approvals. Urban infrastructure shall include, but not be limited
to gas, electricity, telephone, cable and facilities identified in
the Otay Ranch Facility Implementation Plan.
9.2 Sewer Capaci tv. The City agrees to provide adequate
sewer capacity for the project, upon the payment of ordinary and
necessary sewer connection, capacity and/or service fees.
9.3 Nuisance Easement. The City shall reasonably
consider with proper environmental review a request to amend the
Otay Ranch GDP to relocate, within the property, the land uses
affected by the execution of a "nuisance easement" pursuant to the
Otay Ranch Landfill Agreement, (dated May 15, 1996). This GDP
amendment shall be processed prior to or concurrent with the GDP
amendment covering the landfill buffer area required by the
Landfill Agreement. The amendment shall be deemed vested to the
same extent as Existing Project Approvals and shall not require or
constitute an amendment to this Agreement. The Developer agrees to
pay the reasonable City cost for processing the amendments.
10. ANNUAL REVIEW.
10.1 city and Owner Responsibilities. City will, at
least every twelve (12) months during the Term of this Agreement,
pursuant to California Government Code S65865.1, review the extent
of good faith substantial compliance by Owner with the terms of
this Agreement. Pursuant to California Government Code section
65865.1, as amended, Owner shall have the duty to demonstrate by
substantial evidence its good faith compliance with the terms of
this Agreement at the periodic review. Either City or Owner may
address any requirement of the Agreement during the review.
10.2 Evidence. The parties recognize that this Agreement
and the documents incorporated herein could be deemed to contain
hundreds of requirements and that evidence of each and every
requirement would be a wasteful exercise of the parties' resources.
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Accordingly, Developer shall be deemed to have satisfied its good
faith compliance when it presents evidence of substantial com-
pliance with the major provisions of this Agreement. Generalized
evidence or statements shall be accepted in the absence of any
evidence that such evidence is untrue.
10.3 Review Letter. If Owner is found to be in com-
pliance with this Agreement after the annual review, City shall,
within forty-five (45) days after Owner's written request, issue a
review letter in recordable form to Owner ("Letter") stating that
based upon information known or made known to the Council, the City
Planning commission and/or the city Planning Director, this
Agreement remains in effect and Owner is not in default. Owner may
record the Letter in the Official Records of the county of San
Diego.
review at
conditions
by city or
10.4 Failure of periodic Review. city's failure to
least annually Owner's compliance with the terms and
of this Agreement shall not constitute, or be asserted
Owner as, a breach of the Agreement.
11.
DEFAULT.
11.1 Events of Default. A default under this Agreement
shall be deemed to have occurred upon the happening of one or more
of the following events or conditions:
made
been
11.1. 1
or furnished
false in any
A warranty, representation or statement
by Owner to City is false or proves to have
material respect when it was made.
11.1.2 A finding and determination by city made
following a periodic review under the procedure provided for
in California Government Code section 65865.1 that upon the
basis of substantial evidence Owner has not complied in good
faith with one or more of the terms or conditions of this
Agreement.
consider
submitted
11.1.3 city does not accept,
requested development permits
in accordance with the provisions
timely review, or
or entitlements
of this Agreement.
11.1.4 Any othcr act or omission by City or OVRer
'.lhieh l!latcrially interferes ,lith the terl!lS of this l.greel!leRt.
All remedies at law or in eauity which are consistent with the
provisions of this Aareement are available to city and Owner
to pursue in the event there is a breach provided. however.
neither party shall have the remedY of monetary damaaes
aaainst the other except for an award of litiaation costs and
attorneys fees.
11.2 Procedure Upon Default.
11.2.1 Upon the occurrence of default by the
other party, city or Owner may terminate this Agreement after
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providing the other party thirty (30) days written notice
specifying the nature of the alleged default and, when
appropriate, the manner 'in which said default may be satis-
factorily cured. After proper notice and expiration of said
thirty (30) day cure period without cure, this Agreement may
be terminated. In the event that City's or Owner's default is
not subject to cure within the thirty (30) day period, city or
Owner shall be deemed not to remain in default in the event
that City or Owner commences to cure within such thirty (30)
day period and diligently prosecutes such cure to completion.
Failure or delay in giving notice of any default shall not
constitute a waiver of any default, nor shall it change the
time of default. Notwithstanding any other provision of this
Agreement, city reserves the right to formulate and propose to
Owner options for curing any defaults under this Agreement for
which a cure is not specified in this Agreement.
11. 2 . 2 Ci ty does not waive any claim of defect in
performance by Owner if, on periodic review, City does not
propose to modify or terminate this Agreement.
11.2.3 Subject to Paragraph 16.12 of this
Agreement, the failure of a third person shall not excuse a
party's nonperformance under this agreement.
11.2.4 All other remedies at law or in equity
which are consistent with the provisions of this Agreement are
available to City and Owner to pursue in the event there is a
breach.
12. ENCUMBRANCES AND RELEASES ON PROPERTY.
12.1 Discretion to Encumber. This Agreement shall not
prevent or limit Owner in any manner at Owner's sole discretion,
from encumbering the Property, or any portion of the Property, or
any improvement on the Property, by any mortgage, deed of trust, or
other security device securing financing with respect to the
Property or its improvement.
12.2 Mortqaqee Riqhts and Obliqations. The mortgagee of
a mortgage or beneficiary of a deed of trust encumbering the
Property, or any part thereof, and their successors and assigns
shall, upon written request to City, be entitled to receive from
City written notification of any default by Owner of the
performance of Owner's obligations under the Agreement which has
not been cured within thirty (30) days following the date of
default.
12.3 Releases. City agrees that upon written request of
Owner and payment of all fees and performance of the requirements
and conditions required of Owner by this Agreement with respect to
the Property, or any portion thereof, City may execute and deliver
to Owner appropriate release(s) of further obligations imposed by
this Agreement in form and substance acceptable to the San Diego
County Recorder and title insurance company, if any, or as may
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/2--(03-
otherwise be necessary to effect the release. city Manager shall
not unreasonably withhold approval of such release(s).
12.4 Oblioation to Modify. City acknowledges that the
lenders providing financing for the Project may require certain
modifications to this Agreement and city agrees, upon request from
time to time, to meet with Owner and/or representatives of such
lenders to negotiate in good faith any such requirement for
modification. City will not unreasonably withhold its consent to
any such requested modification.
12.5 Subordination. Developer aorees to enter into
subordination aoreements with all lienholders havino any interest
in the Property to ensure that the provisions of this Aoreement
bind such lienholders should thev take title to all or part of the
property throuoh quit claim deed, sale, foreclosure or any other
means of transfer of property. Developer shall deliver to the city
the fullY executed subordination aoreements in a form acceptable to
the city Attorney and suitable for recordino on or before the
second readino or the Ordinance.
13. MODIFICATION OR SUSPENSION.
13.1 Modification to Aoreement bY Mutual Consent. This
Agreement may be modified, from time to time, by the mutual consent
of the parties only in the same manner as its adoption by an
ordinance as set forth in California Government Code sections
65867, 65867.5 and 65868. The term, "this Agreement" as used in
this Agreement, will include any such modification properly
approved and executed.
13.2 Unforeseen Health or Safety Circumstances. If, as
a result of facts, events, or circumstances presently unknown,
unforeseeable, and which could not have been known to the parties
prior to the commencement of this Agreement, city finds that
failure to suspend this Agreement would pose an place the resiaeHts
of city iH a se"lere and illffileaiate elllergel'ley to their immediate
threat to the health or safety of the city's residents or the city.
The followino shall occur:
13.2.1 Notification of Unforeseen Circumstances.
Notify Developer of (i) City's determination; and (ii) the
reasons for city's determination, and all facts upon which
such reasons are based;
13.2.2 Notice of Hearino. Notify Developer in
writing at least fourteen (14) days prior to the date, of the
date, time and place of the hearing and forward to Developer
a minimum of ten (10) days prior to the hearings described in
section 13.2.3, all documents related to such determination
and reasons therefor; and
13.2.3 Hearino. Hold a hearing on the deter-
mination, at which hearing Developer will have the right to
address the City Council. At the conclusion of said hearing,
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I '2- - ( O~
city may take action to suspend this Agreement as provided
herein. The city may suspend this Agreement if, at the
conclusion of said hearing, based upon the evidence presented
by the parties, the City. finds failure to suspend would ~laoc
the resiaenta of the City in a severe ~Rd immcdi3te cmcr~eRey
~e ~Reir Real~R er safc~y. DOse an immediate threat to the
health or safetv of the citv's residents or the citv.
13.3 Chanqe in state or Federal Law or Requlations. If
any state or federal law or regulation enacted during the Term of
this Agreement, or the action or inaction of any other affected
governmental jurisdiction, precludes compliance with one or more
provisions of this Agreement, or requires changes in plans, maps,
or permits approved by city, the parties will act pursuant to
sections 13.3.1 and 13.3.2, below.
13.3.1 Notice: Meetinq. The party first becoming
aware of such enactment or action or inaction will provide the
other party(ies) with written notice of such state or federal
law or regulation and provide a copy of such law or regulation
and a statement regarding its conflict with the provisions of
this Agreement. The parties will promptly meet and confer in
a good faith and reasonable attempt to modify or suspend this
Agreement to comply with such federal or state law or regula-
tion.
13.3.2 Hearinq. If an agreed upon modification
or suspension would not require an amendment to this Agree-
ment, no hearing shall be held. Otherwise, the matter of such
federal or state law or regulation will be scheduled for
hearing before the city. Fifteen (15) days' written notice of
such hearing shall be provided to Developer, and the city, at
such hearing, will determine and issue findings on the
modification or suspension which is required by such federal
or state law or regulation. Developer, at the hearing, shall
have the right to offer testimony and other evidence. If the
parties fail to agree after said hearing, the matter may be
submitted to mediation pursuant to subsection 13.3.3, below.
Any modification or suspension shall be taken by the affirma-
tive vote of not less than a majority of the authorized voting
members of the city. Any suspension or modification may be
subject to judicial review in conformance with subsection
16.19 of this Agreement.
13.3.3 Mediation of Disputes. In the event the
dispute between the parties with respect to the provisions of
this paragraph has not been resolved to the satisfaction of
both parties following the City hearing required by subsection
13.3.2, the matter shall be submitted to mediation prior to
the filing of any legal action by any party. The mediation
will be conducted by the San Diego Mediation Center; if San
Diego Mediation Center is unable to conduct the mediation, the
parties shall submit the dispute for mediation to the Judicial
Arbitration and Mediation Service or similar organization and
make a good faith effort to resolve the dispute. The cost of
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1,;;). - I O~
any such mediation shall be divided equally between the
Developer and city.
13.4 Natural Communities Conservation Act (NCCP1. The
parties recognize that Developer and the city are individually
negotiating agreements with the United states Fish and wildlife
Service ("USF&W") and the California Department of Fish and Game
pursuant to the ongoing regional effort to implement the Natural
Communities Conservation Act ("NCCP"), locally proposed to be
implemented through the Multi-species Conservation Program
("MSCP"). The parties further recognize that implementation of the
agreements may necessitate modification to the Existing Project
Approvals. The city agrees to utilize its best efforts to
implement these agreements, once executed, through the timely
processing of modifications to the Existing Project Approvals ~
such modifications applY to Developer's property. The Developer
agrees to pay the reasonable City cost for processing work related
to the modifications. Once such modifications are obtained they
shall be vested to the same extent as Existing project Approvals.
Such modifications shall be substantially similar to the provisions
contained in Exhibit "F", the May 17, 1996 Administrative draft of
the city of Chula vista SubArea Plan for the Multi-Species
Conservation Program, except for the proposed deletion of the
Maritime Succulent Scrub restoration requirement [Section 3(b) of
the SubArea Plan (page 27)].
14. DISTRICTS. PUBLIC FINANCING MECHANISMS.
This Agreement and the Existing Project Approvals recognize
that assessment districts, community facility districts, or other
public financing mechanisms, may be necessary to finance the cost
of public improvements borne by this Project. If Developer,
pursuant to the Existing Project Approvals/Future Discretionary
Approvals, is required bY the city to install improvements through
the use of assessment districts, community facility districts, or
other public financing mechanisms, the city shall initiate and take
final action to approve or deny conclude appropriate proceedings
for the formation of such financing district or funding mechanism,
under applicable laws~ er ordinances. or policies. Developer may
request that the city. but the city is not obliqated to. utilize
any other financing methods which may become available under City
laws or ordinances. All costs associated with the consideration
and formation of such financing districts or funding mechanisms
shall be paid by Developer subject to reimbursement, as may be
legally authorized out of the proceeds of any financing district or
funding mechanism.
Developer shall complY with the terms of anv assessment
districts or other financinq mechanisms so approved bY the city for
Property covered by this Aqreement and shall make timelY payments
as required bY said financinq mechanism. The city retains its
riqhts to take anY action it deems reasonablY appropriate to
quarantee payment.
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I d--IO\p
15. ASSIGNMENT AND DELEGATION.
15.1 Assianment. Owner shall have the right to transfer
or assign its interest in the Property, in whole or in part, to any
persons, partnership, joint venture, firm, or corporation at any
time during the Term of this Agreement without the consent of city.
Owner also shall have the right to assign or transfer all or any
portion of its interest or rights under this Agreement to third
parties acquiring an interest or estate in the Property at any time
during the Term of this Agreement without the consent of city.
15.2 Deleaation. In addition, Owner shall have the
right to delegate or transfer its obligations under this Agreement
to third parties acquiring an interest or estate in the Property
provided the owner is in compliance with the terms of this
Aareement and after receiving the prior written consent of the city
Manager, which consent shall not be unreasonably wi thheldT or
delayedT or conditioned. Provided. however. the city may deny such
release if the city determines that the performance of such
obliaation would be ieopardized by such transfer. Once the City
Manager has consented to a transfer, delivery to and acceptance by
the City Manager of an unqualified written assumption of Owner's
obligations under this Agreement by such transferee shall relieve
Owner of the obligations under this Agreement to the extent the
obligations have been expressly assumed by the transferee and as
approved by the city. Such transferee shall not be entitled to
amend this Agreement without the written consent of the entity
that, as of the Effective Date; is Owner, which consent shall not
be unreasonably withheld, delayed, or conditioned. The entity that
is Owner as of the Effective Date, however, shall be entitled to
amend this Agreement without the written consent of such transfer-
ee.
16. MISCELLANEOUS PROVISIONS.
16.1 Bindina Effect of Aareement. Except to the extent
otherwise provided in this Agreement, the burdens of this Agreement
bind, and the benefits of this Agreement inure, to City's and
Owner's successors-in-interest and shall run with the land.
16.2 Relationship of city and Owner. The contractual
relationship between City and Owner arising out of this Agreement
is one of independent contractor and not agency. This Agreement
does not create any third-party beneficiary rights.
16.3 Notices. All notices, demands, and correspondence
required or permitted by this Agreement shall be in writing and
delivered in person, or mailed by first-class or certified mail,
postage prepaid, addressed as follows:
If to City, to:
City of Chula vista
276 Fourth Avenue
Chula Vista, CA 91910
Attention: City Manager
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18. -10'7
If to Owner, to:
Jim Baldwin
Otay Ranch, L.P.
Newport Center Dr., suite 700
Newport Beach, CA 92660
with a Copy to:
Kim John Kilkenny
Otay Ranch, L.P.
11975 EI camino Real, suite 104
San Diego, CA 92130
City or Owner may change its address by giving notice in writing to
the other. Thereafter, notices, demands, and correspondence shall
be addressed and transmitted to the new address. Notice shall be
deemed given upon personal delivery, or, if mailed, two (2)
business days following deposit in the united states mail.
16.4 Rules of Construction. In this Agreement, the use
of the singular includes the plural; the masculine gender includes
the feminine; "shall" is mandatory; "may" is permissive.
16.5 Entire Aqreement. waivers. and Recorded statement.
This Agreement constitutes the entire understanding and agreement
of city and Owner with respect to the matters set forth in this
Agreement. This Agreement supersedes all negotiations or previous
agreements between City and Owner respecting this Agreement. All
waivers of the provisions of this Agreement must be in writing and
signed by the appropriate authorities of city and Owner. Upon the
completion of performance of this Agreement, or its revocation or
termination, a statement evidencing completion, revocation, or
termination signed by the appropriate agents of City shall be
recorded in the Official Records of San Diego county, California.
16.6 Pro;ect as a Private Undertakinq. It is
specifically understood by city and Owner that (i) the Project is
a private development; (ii) City has no interest in or
responsibili ties for or duty to third parties concerning any
improvements to the Property until city accepts the improvements
pursuant to the provisions of the Agreement or in connection with
subdivision map approvals; and (iii) Owner shall have the full
power and exclusive control of the Property subject to the
obligations of Owner set forth in this Agreement.
16.7 Incorporation of Recitals. The recitals set forth
in Paragraph 1 of this Agreement are part of this Agreement.
16.8 captions. The captions of this Agreement are for
convenience and reference only and shall not define, explain,
modify, construe, limit, amplify, or aid in the interpretation,
construction, or meaning of any of the provisions of this
Agreement.
16.9 Consent. Where the consent or approval of City or
Owner is required or necessary under this Agreement, the consent or
approval shall not be unreasonably withheld, delayed, or con-
ditioned.
-25-
Id-)o<1
16.10 Covenant of Cooperation.
cooperate and deal with each other in good
other in the performance of-the provisions
City and Owner shall
faith, and assist each
of this Agreement.
16.11 Recordinq. The City Clerk shall cause a copy of
this Agreement to be recorded with the Office of the County
Recorder of San Diego County, California, within ten (10) days
following the Effective Date.
16.12 Delav. Extension of Time for Performance. In
addition to any specific provision of this Agreement, performance
by either City or Owner of its obligations hereunder shall be
excused, and the Term of this Agreement and the Development Plan
extended, during any period of delay caused at any time by reason
of any event beyond the control of city or Owner which prevents or
delays and impacts City'S or Owner's ability to perform obligations
under this Agreement, including, but not limited to, acts of God,
enactment of new conflicting federal or state laws or regulations
(example: listing of a species as threatened or endangered),
judicial actions such as the issuance of restraining orders and
injunctions, riots, strikes, or damage to work in process by reason
of fire, floods, earthquake, or other such casualties. If City or
Owner seeks excuse from performance, it shall provide written
notice of such delay to the other within thirty (30) days of the
commencement of such delay. If the delay or default is beyond the
control of City or Owner, and is excused, an extension of time for
such cause will be granted in writing for the period of the
enforced delay, or longer as may be mutually agreed upon.
16.13 Covenant of Good Faith and Fair Dealinqs. No party
shall do anything which shall have the effect of harming or
injuring the right of the other parties to receive the benefits of
this Agreement; each party shall refrain from doing anything which
would render its performance under this Agreement impossible; and
each party shall do everything which this Agreement contemplates
that such party shall do in order to accomplish the objectives and
purposes of this Agreement.
16.14 Operatinq Memorandum. The parties acknowledge that
the provisions of this Agreement require a close degree of
cooperation between City and Developer, and that the refinements
and further development of the Project may demonstrate that minor
changes are appropriate with respect to the details of performance
of the parties. The parties, therefore, retain a certain degree of
flexibility with respect to those items covered in general under
this Agreement. When and if the parties mutually find that minor
changes or adjustments are necessary or appropriate, they may
effectuate changes or adjustments through operating memoranda
approved by the parties. For purposes of this section 16.14, the
city Manager, or his designee, shall have the authority to approve
the operating memoranda on behalf of city. No operating memoranda
shall require notice or hearing or constitute an amendment to this
Agreement.
-26-
/ ;) - / 09
16.15 Time of Essence. Time is of the essence in the
performance of the provisions-of this Agreement as to which time is
an element.
16.16 Amendment or Cancellation of Aqreement. This
Agreement may be amended from time to time or canceled by the
mutual consent of City and Owner only in the same manner as its
adoption, by an ordinance as set forth in California Government
Code section 65868, and shall be in a form suitable for recording
in the Official Records of San Diego County, California. The term
"Agreement" shall include any such amendment properly approved and
executed. city and Owner acknowledge that the provisions of this
Agreement require a close degree of cooperation between them, and
that minor or insubstantial changes to the Project and the
Development Plan may be required from time to time to accommodate
design changes, engineering changes, and other refinements.
Accordingly, changes to the Project and the Development Plan that
do not result in a change in use, an increase in density or
intensity of use, cause new or increased environmental impacts, or
violate any applicable health and safety regulations, may be
considered minor or insubstantial by the City Manager and made
without amending this Agreement.
16.17 Estoppel Certificate. within 30 calendar days
following a written request by any of the parties, the other
parties to this Agreement shall execute and deliver to the
requesting party a statement certifying that (i) this Agreement is
unmodified and in full force and effect, or if there have been
modifications hereto, that this Agreement is in full force and
effect as modified and stating the date and nature of such
modifications; (ii) there are no known current uncured defaults
under this Agreement, or specifying the dates and nature of any
such default; and (iii) any other reasonable information requested.
The failure to deliver such a statement within such time shall
constitute a conclusive presumption against the party which fails
to deliver such statement that this Agreement is in full force and
effect without modification, except as may be represented by the
requesting party, and that there are no uncured defaults in the
performance of the requesting party, except as may be represented
by the requesting party.
16.18 Severabilitv. If any material provision of this
Agreement is held invalid, this Agreement will be automatically
terminated unless within 15 days after such provision is held invalid
the party holding rights under the invalidated provision affirms the
balance of this Agreement in writing. This provision will not affect
the right of the parties to modify or suspend this Agreement by
mutual consent pursuant to Paragraph 12.4.
16.19 Institution of Leoal Proceedinq. In addition to any
other rights or remedies, any party may institute legal action to
cure, correct, or remedy any default, to enforce any covenants or
agreements herein, or to enjoin any threatened or attempted violation
thereof; to recover damages for any default or to obtain any remedies
consistent with the purpose of this Agreement. Such legal actions
-27-
/2--110
must be instituted in the superior Court of the County of San Diego,
state of California.
16.20 Attornevs' Fees and Costs. If any party commences
litigation or other proceedings (including, without limitation,
arbitration) for the interpretation, reformation, enforcement, or
rescission of this Agreement, the prevailing party, as determined by
the court, will be entitled to its reasonable attorneys' fees and
costs.
16.21 Hold Harmless. Developer agrees to and shall hold
city, its officers, agents, employees and representatives harmless
from liability for damage or claims for damage for personal injury,
including death, and claims for property damage which may arise from
the direct or indirect operations of Developer or those of its
contractors, subcontractors, agents, employees or other persons
acting on Developer's behalf which relate to the Project. Developer
agrees to and shall defend city and its officers, agents, employees
and representatives from actions for damage caused or alleged to have
been caused by reason of Developer's activities in connection with
the Project. Developer agrees to indemnify, hold harmless, pay all
costs and provide a defense for City in any legal action filed in a
court of competent jurisdiction by a third party challenging the
validity of this Agreement. The provisions of this Section 16.21
shall not apply to the extent such damage, liability or claim is
caused by the intentional or negligent act or omission of City, its
officers, agents, employees or representatives.
-28-
/2 ~ III
Dated this
SIGNATURE PAGE TO PRE-ANNEXATION DEVELOPMENT AGREEMENT
day of
, 1996.
"CITY"
CITY OF CHULA VISTA
By:
Its:
Mavor
"OWNER"
THE OTAY RANCH, L.P.
a California limited partnership,
by Sky Communities, Inc.
a California corporation,
its general partner
By:
James P. Baldwin, President
VILLAGE DEVELOPMENT
a California general partnership
By:
James P. Baldwin, President
of the foregoing Pre-
day of
I hereby approve the form and legality
Annexation Development Agreement this
1996.
Ann Moore
Interim City Attorney
city of Chula vista
By:
-29-
17---1/2--
EXHIBIT A
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EXHIBIT B
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PLA~~I~G DEPART'\E~T
VILLAGE DEVELOPMENT
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EXHIBIT "D"
Recording Requested By, and When
Recorded Please Return to:
Chief Administrative Officer
County of San Diego
1600 Pacific Hwy.
San Diego, CA 92101
[Space above for Recorder's Use)
LANDFILL NUISANCE EASEMENT
AND
COVENANTS RUNNING WITH THE LAND
(hereinafter referred to as "Grantor"), for valuable
consideration, does hereby GRANT to the COUNTY OF SAN DIEGO, a
political subdivision of the State of California (hereinafter
referred to as "Grantee") as the owner of the real property
located in the County of San Diego, California known as the "Otay
Landfill" which is more particularly described in "Exhibit A"
hereto (hereinafter referred to as the "Dominant Tenement") and
its successors in interest to the Dominant Tenement, an EASEMENT
(hereinafter referred to as "Nuisance Easement") over all that
real property located in the County of San Diego, California
described in "Exhibit B" hereto_(hereinafter referred to as the
"Servient Tenement").
This Nuisance Easement is for the use and benefit of Grantee
and its successors in interest and invited guests in the conduct
of solid waste landfilling operations on the Dominant Tenement,
for the free and unobstructed passage on, onto, in, through, and
across the surface and airspace above the surface of the Servient
Tenement of the following things (hereinafter referred to as
"Nuisance Items"):
dust; noise; vibrations; any and all chemicals or particles
suspended (permanently or temporarily) in the air and wind
including but not limited to methane gas; odors; fumes; fuel
particles; seagulls and other scavenger birds and the
excrement droppings therefrom; and the unobstructed passage
below the surface of leachate and other pollutants; and for
each, every and all effects as may be caused by or result
from the operation of a landfill which is now in existence
or which may be developed in the future,
together with the continuing right to cause or allow in all of
such Servient Tenement such Nuisance Items, it being understood
and agreed that Grantee, or its successors in interest, intends
to develop, maintain and expand the landfill on the adjacent
Dominant Tenement in such a manner that said landfill and the
easement grated herein will be used at all times in compliance
with all applicable State and Federal laws and the lawful orders
1'2--110
of state and Federal agencies regulating environmental factors,
toxic and/or hazardous waste, and the operation of the landfill.
Grantor, for itself and its successors and assigns, does
hereby fully waive and release any right or cause of action which
they or any of them may now have or may have in the future
against Grantee, its successors and assigns, on account of or
arising out of such Nuisance Items heretofore and hereafter
caused by the operation of a landfill.
Grantor, for itself and its successors and assigns,
covenants and agrees, with the understanding and intent that such
shall run with the land, and which shall run with the land, that
neither they nor any of them will commence or maintain a suit,
action, writ, arbitration, or other legal or equitable proceeding
against Grantee or its successors or assigns wherein the relief
sought is the cessation or limitation on the use of the Dominant
Tenement as a landfill. Grantor, for itself and its successors
and assigns, covenants and agrees, with the understanding and
intent that such shall run with the land, and which shall run
with the land, that in the event that they violate the above
covenants of the foregoing sentence, they shall pay to Grantee
such attorneys' fees and costs as may be determined to be
reasonable by a Court of competent jurisdiction. Inquires or
requests for enforcement made by Grantor, its successors or
assigns to state or Federal agencies with regulatory authority
over the operation of landfills shall not be considered a
violation of this paragraph.
Upon the termination of use of the Dominant.. Tenement for
landfill purposes, (including completion of active landfill
operations and all closure and post-closure activities), Grantor,
its successors or assigns may request that Grantee, its
successors or assigns, through the applicable legal procedure,
vacate or terminate this easement, which request will not be
unreasonably withheld.
Executed this
California.
day of
, 1996, at San Diego,
GRANTOR
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EXHIBIT "F" I I
PRE-ANNEXATION DEVELOPMENT AGREEMENT
Planning Area Assessor I Ownership Acreage
Parcel Numbers
Otay Valley Parcel 595'{)70-33 Otay Ranch L.P. 15.39
Otav Valley Parcel 641'{)20-15 Otav Ranch L.P. 21.89
Otav Valley Parcel 641'{)20-18 Otav Ranch L.P. 10.00
Otay Valley Parcel 641'{)30-13 Otay Ranch L.P. 97.36
Otay Valley Parcel 641.{)40.{)5 Otay Ranch L.P. 151.17
Otav Valley Parcel 641.{)60.{)4 Otav Ranch L.P. 8.16
Otay Valley Parcel 641.{)60.{)6 OtayRanchL.P. 17.91
Otay Valley Parcel 641.{)70.{)1 Otay Ranch L.P. 87.86
Otav Valley Parcel 641.{)80.{)I Otay Ranch L.P. 88.89
Olav Valley Parcel 642'{)40-16 Otay Ranch L.P. 13.99
Otav Valley Parcel 642'{)50-14 Olay Ranch L.P. 44.62
Otav Valley Parcel 642'{)50-24 Olay Ranch L.P. 29.36
Otay Valley Parcel 642.{)70.{)1 Olay Ranch L.P. 160.00
Otay Valley Parcel 642.{)90.{)1 Olay Ranch L.P. 92.78
Otav Valley Parcel 643.{)10.{)3 Otav Ranch L.P. 19.92
Otay Valley Parcel 643.{)10.{)9 Otay Ranch L.P. 51.63
Otav Valley Parcel 643'{)20-10 OlavRanchL.P. 159.37
Otay Valley Parcel 643'{)20-28 Olay Ranch L.P. I 48.13
Otav Valley Parcel 643'{)20-32 Olay Ranch L.P. 32.70
Otay Valley Parcel 643.{)50.{)1 Olay Ranch L.P. 53.51
Otay Valley Parcel 643.{)60.{)4 Otay Ranch L.P. 268.55
Otav Valley Parcel 644.{)30.{)1 OlavRanchL.P. 311.03
Otay Valley Parcel 644.{)30.{)6 I Otay Ranch L.P. 255.85
Otay Valley Parcel 644'{)60-11 Olay Ranch L.P. 159.18
Otav Valley Parcel 644.{)70.{) I Olav Ranch L.P. 313.52
Otay Valley Parcel 644.{)70.{)7 Olay Ranch L.P. 285.85
Otay Valley Parcel 644.{)80.{)9 Olay Ranch L.P. 152.40
Otav Valley Parcel 644.{)90.{)2 Olav Ranch L.P. 299.60
Otay Valley Parcel 645'{)30-15 Olay Ranch L.P. 16.89
Otav Valley Parcel 645'{)30-18 OtavRanchL.P. 102.10
Otay Valley Parcel 646'{)1O'{)3 Olay Ranch L.P. 175.14
I 3,544.75 Total
I
Otay Valley Parcel 643'{)10-lO I Village Deyelopment I 17.06
Inverted IV 595.{)50.{)4 I Village Development I 10.00
Inverted 'L' 595.{)50.{)7 I Village Development I 2.50 I
Inverted 'L' I 595.{)50.{)8 I Village Development I 2.50 I
Inverted 'L' I 595.{)50.{)9 I Village Develooment I 2.50 I
I i , 3~.56 ,Total
,
I d- )1 q
COUNCIL AGENDA STATEMENT
Item /3
Meeting Date 11/19/96
ITEM TITLE:
Resolution
Board
/8'~'?f
Dissolving the Council appointed Interim BECA
REVIEWED BY:
Community Development Director
/' II/,
City Manager ~.-rit
c~,
SUBMITTED BY:
(4/5ths Vote: Yes_ NolU
BACKGROUND:
On August 22, 1 995, Council created an Interim BECA Advisory Board to "work informally with
staff to provide guidance and insight on immediate BECA program implementation as well as assist
in developing final Board membership recommendations to Council." As such, the Interim Board
was structured to be advisory to staff (not to Council). At the August meeting, Council approved
eleven organizations (and, in some cases, corresponding individuals) to be represented on the
Board. These organizations/individuals were recommended by staff to provide a mix of public and
private entities who were and are stakeholders in the regional BECA alliance, including
environmental businesses, business support organizations, BECA sponsors, and academic
institutions (see Attachment 1).
Staff and the Interim Board have been evaluating structural options for establishing a "permanent"
Advisory Board. It was initially envisioned that this Board would be advisory to Council. The past
year's experience has shown that the Board's greatest contributions can be working with staff in
the areas of coordinating and leveraging regional resources, assisting with program marketing, and
providing technical advice. These functions may be best served by the Board continuing to act
in an advisory capacity to staff rather than as advisory to City Council. (This approach is modeled
after the Southwestern College Small Business Development Center's Advisory Board.)
In order for the Board to continue to operate as advisory to staff, without the procedural
constraints of a Council-appointed Board, the members of the Board must be "appointed" by staff,
not by Council. Therefore, staff is recommending that the existing Interim Board as appointed by
Council be dissolved. The New Board membership shall be selected by staff. (As a practical
matter, staff will request the Interim members to continue to serve.)
RECOMMENDATION: That Council dissolve the current Interim BECA Advisory Board Council
appointments with the understanding that staff will create a Board of a similar nature to advise
staff.
BOARDS/COMMISSIONS RECOMMENDATION: On October 11, 1996, the Interim BECA Board
voted to continue the existing board as advisory to staff.
/3-/
Page 2, Item _
Meeting Date 11/19/96
DISCUSSION:
I. EXISTING INTERIM BECA BOARD
The Interim BECA Board was formed in August 1995 to provide "technical and
administrative guidance" to staff. The August staff report indicated that areas requiring
input from the Board included:
. BETRC and BEBC service delivery and program development
. Identification of sponsors
. Marketing to BETRC clients and BEBC tenants
. Input into special events (eg BECA grand opening, Challenge Launch)
. Coordination with other environmental business efforts
These areas continue to need input and technical advice from the BECA Board.
The August 1995 staff report also indicated that the Interim Board would provide advice
regarding the structuring of a "permanent BECA Board" for future recommendations to
Council, and stated "It is proposed that the Interim members be included on the "Full"
Advisory Board."
The Interim Board has been meeting monthly since September 1995, and providing
technical advice and networking resources to staff, as well as assistance with special
projects. In order to optimize Board participation, each Board member has recruited an
alternate member to ensure that in the event of the regular member's absence that
member's organization would be represented at all monthly meetings (see Attachment 2).
While the Board was approved as advisory to staff and not to Council, questions have
arisen regarding legal and procedural requirements due to the fact that Board members
were approved by Council (e.g. can alternates vote?). Staff's recommendations in this
report are designed to eliminate these legal and procedural ambiguities and to encourage
maximum Board involvement as discussed below.
II. PROPOSED "NEW" BECA BOARD
Staff and the Interim Board have been evaluating options to address the legal questions
and to establish a "permanent" Board. Issues regarding Council-appointed versus created
bodies have been examined. The program's first year experience has shown that Advisory
Board input to staff in the areas listed above is critical to the program's success, and that
indeed such involvement needs to be enhanced. In order to do so, staff and the Board feel
that the flexibility of a Board which is appointed by staff, versus a Board which is
appointed by Council and therefore subject to certain rules and regulations, is essential.
For example, if the Board is selected by staff, representation can be obtained from
throughout the County (versus limiting membership to City residents); dialogue can occur
between staff and Board members without formal quorums (for example, alternates can
"count" towards a quorum which minimizes the need to cancel meetings if one person is
missing); alternates cim have an equal role in the discussion and voting (if 50 desired by
the Board); and items can be discussed extemporaneously. As noted above, this approach
/:3"2
Page 3, Item _
Meeting Date 11/19/96
is modeled after the Southwestern College Small Business Development/International Trade
Center Advisory Board which has regional representation and is created by and advisory
to SBDC staff as opposed to by the elected Board of Trustees (see By Laws, Attachment
3).
Therefore, staff is recommending that Council terminate the Interim Board (and Council's
appointment of the Board members). Staff will then be free to appoint members to a new
Board. As an informational item, staff intends to immediately appoint the same members
to continue to serve.
It is important to note that individual Council members (Mayor Horton and Councilman
Moot) have served as Board members in the past. Under the proposed scenario,
Councilmembers would not serve as members of the Advisory Board (i.e. as "advisory to
staff"). However, Councilmembers could continue to act as liaisons in an informal
capacity. Councilmember liaisons would not be formally appointed by Council and would
not vote. This liaison role would be very helpful to Board discussions and to enhanced
communication between all parties.
Clearly, in the event that any policy matters are discussed by the BECA Board and input
is provided to staff on BECA related policies requiring Council consideration, staff will
forward such input and related recommendations to Council. Staff will also provide
informational updates to Council regarding Board membership changes, procedures and by-
laws, and ongoing Board related discussions and activities.
FISCAL IMPACT: The recommended action has no fiscal impact. (The BECA grant continues
through April 1998. Staff is pursuing funding sources to continue the program beyond that time.)
ATTACHMENTS
1 - List of Interim BECA Advisory Board Members as approved August 1995
2 - Current list of Interim BECA Advisory Board Members and Alternates
3 - Southwestern College Small Business Development/International Trade Center
Advisory Board By Laws
(CD/mdl M:\HDME\COMMDEV\STAFF.REP\11-12-96\BECA.BRD [November 8,1996 {9:19am}]
)J~J
RESOLUTION NO.
/fS'-I9'-/
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA
VISTA DISSOLVING THE COUNCIL APPOINTED INTERIM BECA
BOARD
WHEREAS, on August 22, 1995, Council created an Interim BECA Advisory Board
structured to be advisory staff; and
WHEREAS, Council approved 11 organizations comprised of public and private
entities who are stakeholders in the regional BECA alliance; and
WHEREAS, staff and the Interim Board have evaluated structural options for
establishing a "permanent" Advisory Board and the past year's experience has confirmed that the
Board's greatest contributions can be working with staff in the areas of coordinating and
leveraging regional resources, enhanced program marketing, and providing technical advice; and
WHEREAS, these functions may be best served by the Board acting solely in an
advisory capacity to the BECA program and staff.
NOW, THEREFORE, BE IT RESOLVED the City Council of the City of Chula Vista
does hereby dissolve the current Interim BECA Advisory Board Council appointments.
Presented by
Approved as to form by
Chris Salomone
Director of Community Development
~~~
Ann Moore
Acting City Attorney
[(CD/md) M:\HOME\COMMDEV\RESOS\BECA-BD.RES (November 12, 1996 (3: 1 Opmll
J3--Lj
. .<OPOSED INTERIM ADVISORY b.JARD
ATTACHMENT 1
BUSINESS
! Mayor, City of Chula Vista
I
I
: : Phone: 691-5044
-----------------------~--------------------------------------~----------------------------------------
To be determined by : Rohr Industries : P.O. Box 878
Rohr I I Chula Vista, CA 91912
I I
: : Phone: 691-3248
: : FAX: 691-3671
-----------------------~--------------------------------------~----------------------------------------
Grant Ferrier : Environmental Business International (EBI) : P.O. Box 371769
! ! San Diego, CA 92137-1769
: : Phone: 295-7685
I I FAX: 295-5743
-----------------------~--------------------------------------~----------------------------------------
Richard Kiy : Science Applications International : 10260 Campus Point Drive
! Corporation (SAIC) ! San Diego, CA 92121
: : Phone: 546-6000
: : FAX: 535-7589
-----------------------~--------------------------------------~----------------------------------------
Frank Urtasun : San Diego Gas & Electric : 436 H Street
: : Chula Vista, CA 91911
I I
: : Phone: 654-1210
: : FAX: 654-1117
-----------------------~--------------------------------------~----------------------------------------
Jeanette Moorhouse : Environmental Committee, Greater San : Greater San Diego Chamber of Commerce
: Diego Chamber of Commerce I 402 W. Broadway, Suite 1000
1 I
: : San Diego, CA 92101
: : Phone: 544-1361/1311
: : FAX: 459-7622
-----------------------~--------------------------------------~----------------------------------------
Elsa Saxod : U.S./Mexico Border I 1615 Murray Canyon Road
: Progress Foundation : Suite 1000
I I .
: : San DIego, CA 92108
I : Phone: 291-1574
: : FAX: 291-3827
-----------------------~--------------------------------------~----------------------------------------
Dave Carey I UCSD : UCSD San Diego
: Environmental Services and Education : University Extension -0176
I I
: : La Jolla, CA 92093-0176
: : Phone: 534-6157
: : FAX: 534-7385
-----------------------~--------------------------------------~----------------------------------------
To be determined by : South County Economic Development I 1200 A Avenue
South County EDC : Council (EDC) : National City, CA 91950
I I
I : Phone: 336-2474
: : FAX: 336-1066
-----------------------~--------------------------------------~----------------------------------------
To be determined by San Diego Technology Council The City of San Diego
Technology Council Redevelopment Program
Security Pacific Plaza
1200 Third Avenue, Suite 1620
San Diego, CA 92101
Phone: 236-6551
FAX: 236-6512
-----------------------~--------------------------------------~----------------------------------------
Linda Pratt : San Diego County : 9325 Hazard Way
: Department of Environmental I San Diego, CA 92123-1217
I I
: Health/Pollution Prevention : Phone: 338-2215
: I FAX: 338-2377
I I
Shirley Horton
ADDRESSIPHONE/F AX
,
t 276 Fourth Avenue
: Chula Vista, CA 91910
NAME
~/5/~
ATTACHMENT 2
BORDER ENVIRONMENTAL COMMERCE ALLIANCE (BECA)
ADVISORY BOARD
MAILING ADDRESS
NO. NAMEITITLE ORGANIZATION PHONE/FAX
1. Board Shirley Horton City of Chula Vista 276 Fourth Avenue
Member Mayor Chula Vista. CA 91910
------------- ------------------------------- ----------------------------------- ~'::Ig!J_~_~~!:?_0~4i.!'~~Z~:5..3!~_____
1. Alternate John Moot City of Chula Vista 276 Fourth Avenue
Councilman Chula Vista. CA 91910
PHONE: 691-5044; FAX: 476-5379
2. Board Art Seligren Rohr Inc. 850 Lagoon Drive
Member Manager, Corporate Facilities, Chula Vista, CA 91910
Resources & Industrial Engineering PHONE: 691-3248; FAX: 691-3671
------------- ------------------------------- ----------------------------------- --------------------------------
2. Alternate Wendy Longley-Cook Rohr Inc. 850 Lagoon Drive
Manager of Corporate Environmental Chula Vista. CA 91910
Affairs PHONE: 691-2471; FAX: 691-3241
3. Board Grant Ferrier Environmental Business International (EB1) P.O. Box 371769
Member President San Diego, CA 92137-1769
------------- ------------------------------- ----------------------------------- ~'::Ig!J_E~_~~~:?..6..8.?.:..!'.!I2S_~~~:5!~____
3. Alternate Stewart Borie Quantum Environmental Technologies 14257 Half Moon Bay Drive
(affiliate of EBI) Del Mar. CA 92014
PHONE: 481-7423; FAX: 535-1029
4. Board Richard Kiy Science Applications International SEND TO BOTH ADDRESSES:
Member Vice President Corporation (SAIC) de Mexico Ave. Ejercito Na!. #926-201
Galania Polanco, 11540 Mexico D.F.
10260 Campus Point Drive
San Diego, CA 92121
PHONE: 011 525 580-0523
FAX: 011 525580-0530
------------- ------------------------------- ----------------------------------- --------------------------------
4. Alternate Andrew Lissner Science Applications International 10260 Campus Point Drive
Director Corporation (SAIC) San Diego, CA 92121
PHONE: 535-7471; FAX: 535-7705
5. Board Frank Urtasun San Diego Gas and Electric 9965 Carroll Canyon Road
Member Supervisor, New Business San Diego, CA 92131
Development Services PHONE: 621-8846 FAX: 621-8801
------------- ------------------------------- ----------------------------------- -------------------------------
5. Alternate Pat Barnes San Diego Gas and Electric 436 H Street
Senior Public Affairs Representative Chula Vista, CA 91910
PHONE: 482-3352; FAX: 482-3349
6. Board Vacant Greater San Diego Chamber of Commerce
Member PHONE: ; FAX:
6. Alternate Vacant
PHONE: FAX:
C:\BECA \GeofAAdvbrd\newbrd.lst
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BORDER ENVIRONMENTAL COMMERCE ALLIANCE (BECA)
ADVISORY BOARD
MAILING ADDRESS
NO. NAMEITITLE ORGANIZATION PHONE/FAX
7. Board Elsa Saxod U.S.lMexico Border Foundation 1615 Murray Canyon Road, Suite 1000
Member Executive Director San Diego, CA 92108
------------- ------------------------------- ----------------------------------- .!:1::I9!'1_E~_~~2~1?!~.i.!'~_~~2~3_83L__
7. Allernate Kaare Kjos 2838 Granada Avenue
Binational Developmental Consultant San Diego, CA 92104
PHONE: 285-1725; FAX: 285-9432
8. Board Dave Carey UCSD Environmental Services and University of California, San Diego
Member Director Education Extended Studies and Public
Programs
15373 Innovation Dr., Ste. 105
La Jolla, CA 92128
PHONE; 451-7693; FAX: 485-7390
------------- ------------------------------- ----------------------------------- --------------------------------
8. Alternate Daniel Stockin UCSD
15090 Ave. of Science, Suite 103
Rancho Bernardo, CA 92128
PHONE: 451-7402; FAX: 451-7466
9 Board Harry Brattin Chair, South County Economic San Diego Gas and Electric
Member Development Council P.O. Box 1831
San Diego, CA 92112
PHONE: 654-1210; FAX: 654-1117
------------- ------------------------------- ----------------------------------- --------------------------------
9. Alternate Denny Cuccarese McMillin Companies
Land Sales 2727 Hoover Avenue
National City, CA 91950
PHONE: 477-4170, exl. 225
FAX: 336-1587
10. Board Tom Behr San Diego Regional Technology Alliance Cubic Corporation
Member Group General Counsel P.O. Box 85587
San Diego, CA 92186-5587
PHONE: 627-4528;FAX:565-6038
------------- ------------------------------- ---------------------------------- -------------------------------
10. Alternate Kirk Mather San Diego Regional Technology
Executive Director Alliance
1250 Sixth Avenue, Suite 120
San Diego, CA 92101
PHONE: 685-1476;FAX:685-1484
11. Board Linda Pratt San Diego County Department of P.O. Box 85261
Member Program Manager Environmental Health San Diego, CA 92186-5261
------------- ------------------------------- ----------------------------------- .!:1::I9!'1_~_~~~~23J.?.i.!'~_~~~~2_8~___
11. Aiternate Chris Gonaver San Diego County Department of P.O. Box 85261
Director Environmental Health San Diego, CA 92186-5261
PHONE: 338-2201; FAX: 338-2848
C:IBECAIGeofMdvbrdlnewbrd.lst
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Oct 11,96 14:51 No,OOn P.O?
SOUTHWESTERN COLLEGE
SMALL BUSINgSS & INTERNATIONAL TRADE CENTER
ADVISORY COMMITTEE BYLAWS
ATTACHMENT 3
t. PURPOSE
~he purpose of the Small Business & Inte~national Trade Center
(SBITe) Advisory Committee shall be to collectively advise,
pake recommendations, and to give service to the college, the
saI~C, Center utaff and instructors.
A.
2.
The SBITC Advisory Committee will review the overall
program offerings for small business development and
international trade, comment on plans for major .
1I\Odificati.ons or ..ddi.tions of new programs or 0 !Services,
advise as to the training needs of small businesses in the
community, and actively promote and support the Center in
the communities of San Diego and Imperial Counties.
Subcommittees. will report their findings directly to the
SBITC Advisory conUiiittee. _. ' - ..., , . 0
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C.
The SBITC Advisory Committee shall ~eport all 0
recommend..t-.ions to the Superintendent/president.
II. MEMBERSHIP
, \
The voting Il,,~mhers of the committee shall consist of a
minimum of ten (10) and.. maximum of twenty-five (25)
members from business, industry, government, labo~, and
related agencies and organi.zations; and one (l), stu<;l.entf
appointed by the ASO President. 0 .
Term of membership shall be "- maximum of ,t..ro (2) 'year...,
A person may be reappointed upon consent of the commi.ttee.
Every effort should be made to maintain continuity of
membe~ship by staggering membership terms~O
Ill. QUALIFICATIONS
~
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B.
C.
D.
A. Melllhers lUust have cu~rent experience in an ar'ea'rela1;ed t.o
small business ownership/management and/or !nternatiort~l
trade. .
B. The lI\ember must have time to devote to the Advisory
Committee.' '
C. The lUembersnip lIubcomrni ttee appointed by the A.dviBO'ry
Committee shall r.c~end committee members to the
superintendent/president.
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Oct 11,96 14:52 No.006 P.03
.
IV. '9i?FICERS
~. The chai:pe:son shall be the Superintendent!p:esident of
the college.
B. The co-chairperson shall be selected f~om the voting
membership.
C. The ~ecording secretary shall be ~he S~ITC Oirec~or.
p. The co-chair shall serve for a period of one year.
V. SUBCOMMITTEES
;...
Subcommittees may be established by the Chair o~ e. Majority
of the Advisory Cowmittee and upon completion of
J:'esponsibilitLes will be discharqed. . .
They 1MY be ad hoc or continuous in natu):e depending on the
subject of concern. .
Each subcommittee's Chairperson shall be appointed by the
Chalr or by a ~ajority of the ~ommittee.
subcommittees shall report requ).e.rly to the....Advisory
COuunittee.
B.
C.
D.
VI. t1~ETINGS'
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A. A minimum of four ~~arterly (4) mee~ingG will be'heid.each
year. .
B. Additional meetings may be ce.lled by the Chairperson -
and/or, a.t. t.he regular meetings I by e. majority vote o~.'.tqe
Advisory Commi.ttee. .
C. 'l'he Chair, co-chair I and salTC Director will be..
responsible for planning the meeting agenda. All llleettngs
of the Advisory Committ.ee or sUbco~ittees will be
coordinated with the SBITC Direct.or.
D. Written minutes =ust be submit~ed to the
S1J.perinten<:1ent/prlisldent within tWo weeks fo1.lowin'J t.he
meeting and mailed to all members. .
E. Meetings shall be conducted using the disciplines o~
correct parliamentary procedure. .
F. A quorum of the voting members will be required in order
to transact business.
VII. RESPONSIBILITY OF MEMBERS
A. Each member is expected to attend meetings re9ularlY,
participate in Committee discussions, and serve on
subcommittees as app~opriate.
B. Each ~amber is expected to carefully study any problem
which COllies before the Conuuittee before committing hi.mself
or herself to a final conc~uSi.on"
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Oct 11,96 14:53 No,006 P.04
.,. (0
VII I . PU'l'IE5
A. Review of SBI'l'C cu~riculurnr services, facilities.
B. Evaluation of quality and need fo~ Center programs and
services.
c. Co~unity advocates for planning, legislation, and
external fiscal support. .
D. Recommend appropriate programs and services.
E. S~ggest in-service opportunities for Center staff and
instI;Uctors.
F. Conduct or assist with employer surveys and needs
asseasrnents.
G. Communication link between Cente~ and community to
actively publicize and promot~ the Center.
IX. USE OF CONSULTANTS
'.. ........
The COIllml:ttee recoqnizes the need for additiona.l knowledqe and
assistance and will make use of regular and special ,
consult~ts from within and without the College as requi~ed.
If cost is to be incurred by the College fo~ such service,
"'prio~ e:pproval-';nullt be q~ante<i by the~."
Superintendent/President. c ' , . <" ". ( ,cu. ':, ':":',
x. ~OPTION OF BYLAWS
The SBITC adviso~ committee will adopt bylaws,throu~h a'two
thirds (2/3) approval of the voting'members. Any'e.rnet'dm'l~ts
must pass by a 2/3 vote of the voting lllemb6rs. .
SBITC-Bylaw5 1/15/91'
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UNIVERSITY OF CALIFORNIA, SAN DIEGO
UCSD
II," OF C,
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BERKELEY . DAVIS. IRVn,E . LOS ANGELES. RIVERSIDE. SAN DIEGO. SAN FRANCISCO
SAKTA BARBARA. SANTA CRUZ
EXTENDED STUDIES AND PUBLIC PROGRAMS
UCSD ENVIRONMENTAL & SAFETY EXTENSION
15373 INNOVATION DR., SUITE 105
SAN DIEGO, CA 92128
November 19, 1996
Honorable Mayor Horton and Council Members
City of Chula Vista
276 Fourth Avenue
Chula Vista, CA 91910
Dear Mayor Horton and Council Members:
As a voting member of the Border Environmental Commerce Alliance (BECA)
Advisory Board, I would like to take this opportunity to express to you my support for
the agenda item regarding our Board that is before the Council.
.\ ."
The Advisory Board members have discussed the concept of having the Board not be
appointed by the Council, but instead be formulated by, and advisory to the BECA
Director, managers and staff. I am personally in favor of this concept and believe that
a Board reporting directly to BECA would benefit and help assist BECA in
accomplishing it's goals and objectives. In addition, the difficulties encountered in
assembling a voting quorum would be mitigated by allowing the members to assist
BECA in a less structured format.
I respectfully encourage you to act favorably on the proposed restructuring, as it will
help both BECA and the City of Chula Vista to more efficiently carry out their
mission.
Sincerely,
0.0w.
\~. Carey
Director
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Southwestern
CoIEge
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Fall'
GO\'ernlng IIoQld
Aug- Boreno
G. GOrdon Browning. D.M,D
Je"y J. G~ff1tn
Moria Neves-Perman
Judy Schulenberg
Josepn M. Come
~rlntenoenl/Presldent
CITY COUNCIL ITEM #13
November 19, 1996
The Honorable Mayor and Council
City ofChula Vista
276 Fourth Avenue
Chula Vista CA 91910
1 understand that the agenda itell1 to modify the BBCA Adyisory Board is on the docket for
tonight's Councll Meeting.
I support the changes as agreed upon in the last advisory committee meeting. As yOU know,
Southwcstern College has many advisory eommiilecs. An ofthese advisory groups, including the
Small Business Deyc!opment & International Trade Center Adyisory Committee, have al~proyed
bylaws consistent with the proposed reappointment of the BECA Board and they are not subjcct to
the Brown Actlirnilatiolls. We have found them to be very effectivc and gct a good response from
the business community. After all, we arc trying to encourage input, not make it difficult to get
people to serve.
As the subcontractor for BECA'a Border Environmental Technology Resource Center, we endorse
the proposed revised format. We would also like to establish a Technical Subcommittee for thc
resource center and would find it mach easier to do so under the proposed format.
Sincerely,
tt":lrn!:t!::
Economic Development & Customi1.ed Training
,',_' .",. _,.,. '_. "',"," ';, ....,' '-'C',-:!',"" .....:,,'f~,:.'.'-',;t;:;~:.: /'<:i,",. ',;' ,\',;"'-',..{'"i :.':-.>.,,-,:: ',:
cc:&nr1!i,~<!!9m~nl:;Pl!.~~.1!Or.ofCQni!nWlity':PS;Y\l19PI!l~tl
Cheryl Dye, Economic Development Manager
QOO Olay Lakes fload . Chulo Vlsla, CA 91910. (619) 421-~700 FAX (~19) 482-6323' Southwestern CommunltyconQge DIs1rlct
. 7 "I
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November 14, 1996
SUBJECT:
The Honorable Mayor and City Council
John D. Goss, City Manager if'
City Council Meeting of November 19, 1996
TO:
FROM:
This will transmit the agenda and related materials for the regular City Council meeting of
Tuesday, November 19, 1996. Comments regarding the Written Communications are as
follows:
5a. This is a letter from the Acting City Attorney reporting that there were no reportable
actions taken by the City Council in Closed Session on November 12, 1996.
IT IS RECOMMENDED THAT THIS LETTER BE RECEIVED AND FILED.
5b. This is a letter from the Building Industry Association of San Diego County regarding
Chula Vista's Development Impact Fees. The issues raised were in regard to the
timeliness of reports provided about fees collected and the appropriateness of the
calculations for various fees. Regarding the first point, staff has been working with the
BIA to make fee reporting as complete and timely as possible. On the second point, the
questions raised by the BIA stem from the 1993 update to the Public Facilities DIP,
which was the subject of extensive input from both the BIA/CIF and all local developers
and public hearings. Staff believes there was ample discussion and consideration
afforded these issues at that time. In February 1996 a letter from the BIA questioned
several of those same points approved in 1993 and staff provided a detailed response to
those points to both the City Council and the BIA.
City staff is currently preparing for a 1996-97 update to the Public Facilities DIF to
incorporate changes since the previous comprehensive update and account for the facility
needs of the Otay Ranch. IT IS RECOMMENDED THAT STAFF INCORPORATE
THE BIA'S POINTS INTO THE UPCOMING DIF UPDATE AND NOTIFY THE BIA
OF THAT INTENT.
JDG:mab
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PUBLIC HEARING DATE: //;;9 h,:;
-/ " /' '. - ~ '
SUBJECT: -h; <~~ -'I. o--C~;!!-r-;.~" '/~~"{("'~
LOCATION: ,h<:"-' r<4--C A/'l' /l-a.-L4'1- Z; ae:;0,;r1 ;07.,., ez--/
2Z,~ C,</~u;~':7 LJy-&/ [~ ~~~-L J:&:4A \ 7' ')
/Ii 1/
SENT TO STAR NEWS FOR PUBLICATION -- BY FAX~; BY HAND_; BY MAIL
/ //) /5\!
/ /
PUBLIC HEARING OiECK LIST
PUBLICATION DATE
MAILED NOTICES TO PROPERTY OWNERS
NO. MAILED
PER GC !i54992 Legislative Staff, Consnuction Industry Fed, 6336 Greenwich Dr Suite F. San Diego, 92122
JI)t/ft
/
LOGGED IN AGENDA BOOK
COPIES TO:
Planning
/
-V
Administration (4)
~~-~~
/
Originating Department
-
Engineering
Others
~
City Clerk's Office (2)
POST ON BULLETIN BOARDS
/'
/~~/7/
SPECIAL INSTRUCTIONS:
7/93
-55-
NOTICE OF A CONTINUED PUBLIC HEARING
BY THE CITY COUNCIL OF THE
CITY OF CHULA VISTA, CALIFORNIA
NOTICE IS HEREBY GIVEN THAT A (CONTINUED) PUBLIC HEARING WILL BE HELD
BY THE CITY COUNCIL of the City of Chula Vista, California, for the purpose of considering
an appeal from a Planning Commission denial of a variance for the property located at 396 E
Street. The appeal, filed by Martin Altbaum for Coin Mart, requests approval of a roof-
mounted sign to 42 ft. above grade for the commercial building located at 396 E Street, within
the C-T Thoroughfare Commercial zone. The C-T zone restricts the height of roof-mounted
signs to a maximum of 35 ft. above grade.
The Environmental Review Coordinator has determined that the proposal is exempt from
environmental review as a Class II exemption pursuant to the California Environmental Quality
Act.
Any written comments or petitions to be submitted to the City Council must be received by the
City Clerk no later than noon on the date of the hearing. Please direct any questions or
comments to Project Planner Patty Nevins in the Planning Department, Public Services Building,
Chula Vista Civic Center, 276 Fourth Avenue, Chula Vista California 91910, or by calling 691-
5105. Please include the Case Number noted at the bottom of this notice in all correspondence.
If you wish to challenge the City's action on this application in court, you may be limited to
raising only those issues you or someone else raised at the public hearing described in this
notice, or in written correspondence delivered to the City Council at or prior to the public
hearing described in this notice. A copy of the application and accompanying documentation
and/or plans are on file and available for inspection and review at the City Planning Department.
SAID PUBLIC HEARING WILL BE HELD BY THE CITY COUNCIL ON
Tuesday, November 19, 1996
at 6:00 p.m.
Council Chambers, Public Services Building
Chula Vista Civic Center, 276 Fourth Avenue
At which time any person desiring to be heard may appear.
Date:
Case No:
November 6, 1996
ZAV-96-12
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CITY OF CHULA VISTA ~
NOTICE OF PUBLIC HEARING
NOTICE IS HEREBY GIVEN that the City Council of the City of Chula
Vista, California, will hold a public hearing for the following
item(s):
Any written comments or petitions to be submitted to the city
Council must be received by the City Clerk no later than noon on
the date of the hearing. Please direct any questions or comments
to Robert Powell, Finance Director, Public Services Building, Chula
vista civic center, 276 Fourth Avenue, Chula vista, California
91910, or by calling 691-5051. q ,
SAID PUBLIC HEARING WILL BE HELD ON TUESDAY, November ~, 199~
beginning at 6:00 p.m. in the Council Chambers, Public Services
Building 276 Fourth Avenue, Chula Vista, at which time any
interested person may appear.
If you wish to challenge the City Council's action on this matter
in court, you may be limited to raising only those issues you or
someone else raised at the public hearing described in this notice
or in written correspondence delivered to the city Clerk at or
prior to the Public Hearing.
BEVERLY A. AUTHELET, CMC/AAE
CITY CLERK
DATED:
PUBLISH:
~V~
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~~~~
CllY OF
CHULA VISTA
OFFICE OF THE CITY CLERK
TELEFAX COVER LEITER
Telecopier No. (619) 585-5612
DATE:
j~/iI9 "
TO: Star News Le~al / Joann
FAX NO: (619) 426-6346
FROM: Carla J. Griffin
SUBJECf:
~~a~ .~~~,~
TOTAL NO. PAGES (including cover):
PUBUCATION DATE: _. J;/ ~/ '} t
c2
If all pages are not received, please call Carla @ (619) 691-5041.
276 FOURTH AVE/CHULA VISTA, CALIFORNIA 91910/(619) 691.5041
NOTICE OF PUBLIC HEARINGS
BY THE CHULA VISTA CITY COUNCIL
CHULA VISTA, CALIFORNIA
NOTICE IS HEREBY GIVEN THAT THE CHULA VISTA CITY COUNCIL will hold
public hearings to consider the following:
. Abating the Business License Tax rates to retain them at their current level in
Calendar Year 1997. Any written comments or petitions to be submitted to the City
Council must be received by the City Clerk no later than noon on the date of the
hearing. Please direct any questions or comments to Robert Powell, Finance
Director, Public Services Building, Chula Vista Civic Center, 276 Fourth Avenue,
Chula Vista, California 91910, or by calling 691-5051.
. An appeal from a Planning Commission denial of a request for a variance to
increase the height of a rooftop sign from 35 feet to 42 feet for the commercial
building located at 396 "E" Street in the C-T Thoroughfare Commercial zone. For
further information call Project Planner Patty Nevins in the Planning Dept. at 691-
5105.
If you wish to challenge the City's action on these matters in court, you may be limited to
raising only those issues you or someone else raised at the public hearings described in this
notice, or in written correspondence delivered to the City Clerk's Office at or prior to the
public hearings.
SAID PUBLIC HEARINGS WILL BE HELD BY THE CITY COUNCIL on Tuesday,
November 19, 1996, at 6:00 p.m. in the Council Chambers, Public Services Building, 276
Fourth Avenue, at which time any person desiring to be heard may appear.
DATED: November 6,1996