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Home My WebLink AboutAgenda Packet 1996/09/17 Tuesday, September 17, 1996 5:30 p.m. "I declare un:::or penn:ty 01 perjury that I am employed by the Cit:!' oi C;"2u1a Vis'i:a In the Office of the City CL:7k c;n J th,,:-;t ~ pos:od this Agenda/Notice on 'the:? BU!!0tin Board 2.1: the Public Safvices Bu~~:1in~ ood at City Iall on DATED,0/j"'I"49 SiGNED /\ S ecial Meetin of the Cit of Chula Vi Council Chambers .. Public Services Building CALL TO ORDER 1. ROLL CALL: Councilmembers Alevy _, Moot _, Padilla _, Rindone _, and Mayor Horton _' 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 pennitted 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. 2. CONFERENCE WITH LEGAL COUNSEL REGARDING: 1. Existing litigation pursuant to Government Code Section 54956.9 . SNMB, L.P. vS. the City of Chula Vista and MCA. 2. Anticipated litigation pursuant to Government Code Section 54956.9 . Significant exposure to litigation pursuant to subdivision (h) Section 54956.0: 1. . Metro sewer issues. CONFERENCE WITH LABOR NEGOTIATOR - Pursuant to Government Code Section 54957.6 . Agency negotiator: John Goss or designee for CVEA, WCE, POA, IAFF, Executive Management, Mid-Management, and Unrepresented. Employee organization: Chula Vista Employees Association (CVEA) and Western Council of Engineers (WCE) , Police Officers Association (POA) and International Association of Fire Fighters (IAFF). Unrepresented employee: Executive Management, Mid-Management, and Unrepresented. 3. REPORT OF ACTIONS TAKEN IN CLOSED SESSION ADJOURNMENT The meeting will adjourn to the regular City Council meeting on September 17, 1996 at 6:00 p.m. in the City Council Chambers. MINUTES OF A SPECIAL MEETING OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA Tuesday, September 17, 1996 5:35 p.m. Council Chambers Public Services Building Soecial Meetin~ of the City of Chula Vista Citv Council CALL TO ORDER 1. ROLL CALL: PRESENT: ABSENT: Councilmembers Alevy, Moot, Rindone, and Mayor Horton. Councilmember Padilla. ALSO PRESENT: John D. Goss, City Manager; Ann Moore, Acting City Attorney; and Beverly A. Authelet, City Clerk. Mayor Horton stated Council would meet in closed session to discuss anticipated litigation pursuant to Government Code Section 54956.9 - Metro sewer issues. * * * Council met in Closed Session at 5:37 p.m. and reconvened at 6:17 p.m. * * * ADJOURNMENT Meetig adjourned at 6:17 p.m. CLOSED SESSION 2. CONFERENCE WITH LEGAL COUNSEL REGARDING: 1. Existing litigation pursuant to Government Code Section 54956.9 . SNMB, L.P. vs. the City of Chula Vista and MCA. 2. Anticipated litigation pursuant to Government Code Section 54956.9 . Significant exposure to litigation pursuant to subdivision (b) Section 54956.0: 1. . Metro sewer issues. CONFERENCE WITH LABOR NEGOTIATOR - Pursuant to Government Code Section 54957.6 . Agency negotiator: John Goss or designee for CVEA, WCE, POA, IAFF, Executive Management, Mid-Management, and Unrepresented. Employee organization: Chula Vista Employees Association (CVEA) and Western Council of Engineers (WCE), Police Officers Association (POA) and International Association of Fire Fighters (IAFF). Unrepresented employee: Executive Management, Mid-Management, and Unrepresented. 3. REPORT OF ACTIONS TAKEN IN CLOSED SESSION Respectfully submitted, BEVERLY A. AUTHELET, CMC/AAE, City Clerk // ./ /,//'1 ~. _ L,,' ~?'\ / Y .n-r././t >--. Carla J. Griff'm, Actin~puty City Clerk by: Tuesday, September 17, 1996 6:00 p.m. "I decia:-e l:m:Jcr r.:c;'1Jay of perjurv that I am employe',) b~: i.:~2: .,['j of C',t~:] 'c.':~tn in th.3 O'Hice of !.iH: C.it'/ ,,' .h.;>~-:C. ,:,.U.i t,:;.,;~ ! ;'"}O'1;C:! this AgenJa!r-JoUc:e on the Bu;k?~;n [~oard at tho Public rvic.es BlI:~din~~ and at c; ~ "H ' on Council Chambers DATED, SIGl"~ED ..Public Services Building SED Re2ular Meetin2 of the Citv of Chula Vis Citv Council CALL TO ORDER 1. ROLL CALL: Councilmembers Alevy _, Moot _, Padilla _, Rindone _, and Mayor Horton _' 2. PLEDGE OF ALLEGIANCE TO THE FLAG. SILENT PRAYER 3. APPROVAL OF MINUTES: August 6, 1996 (Regular City Council Meeting) and August 6, 1996 (Regular Joint Meeting of the City Council/Redevelopment Agency) 4. SPECIAL ORDERS OF THE DAY: a. Oath of Office: Juan R. Gonzales, Board of Ethics; M. Kevin O'Neill, Board of Appeals and Advisors; M. Kevin O'Neill, Growth Management Oversight Commission; Charles E. Sutherland, Otay Valley Road Project Area Committee (Mfg/Bus); and Jose R. Dovia, Otay Valley Road Project Area Committee (At-Large). ***** Effective April 1, 1994, there have been new ame111lments to the Brown Act. The City Council must now reconvene into open session to report any final actions taken in closed session a111l 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 13) The staff recommendations regarding the following items listed under the Consent Cale111lar 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 a111l 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 a111l Commission Recommendations a111l 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 9/10/96. It is recommended that the letter be received and filed. b. Resignation from the Human Relations Commission - Ronald D. Morton. It is recommended that the resignation be accepted with regret and the City Clerk be directed to post immediately according to the Maddy Act in the Clerk's Office and the Public Library. c. Resignation from the Mobilehome Rent Review Commission - Christina Orozco. It is recommended that the resignation be accepted with regret and the City Clerk be directed to post immediately according to the Maddy Act in the Clerk's Office and the Public Library. Agenda -2- September 17, 1996 6. RESOLUTION 18432 AUTHORIZING CONDITIONAL TEMPORARY CLOSURE OF A PORTION OF RANCHO DEL REY PARKWAY ON SEPTEMBER 21 AND 22, 1996 FOR THE ORANGE CRATE DERBY - The Bonita Orange Crate Derby Committee is requesting permission for temporary street closure on Rancho del Rey Parkway on September 21 and 22 to conduct an Orange Crate Derby. Staff recommends approval of the resolution. (Chief of Police) 7. RESOLUTION 18433 SUPPORTING THE EXTENSION AND PROGRAMMATIC CHANGES FOR A TECHNICAL ASSISTANCE GRANT FROM THE CALIFORNIA HEALTHY CITIES PROJECT AND ENDORSE A BROAD-BASED PUBLIC POLICY APPROACH TO COMMUNITY IMPROVEMENT AND THE PROMOTION OF A HEALTHFUL ENVIRONMENT FOR CITY RESIDENTS - The Parks and Recreation Department, in collaboration with the Chula Vista Cluster Coordinating Council, Chula Vista Elementary School District, Chula Vista Youth Coalition, and University of California Cooperative Extension - San Diego County 4-H Programs, will establish a conununity-school based garden project and after-school playground garden activities and curriculum. Based upon the success of the first and second year's California Healthy Cities Project, the City has been invited to file an extension proposal for a third year of funding. Staff recommends approval of the resolution. (Director of Parks and Recreation) 8. RESOLUTION 18434 APPROVlNG THE TWENTIETH AMENDMENT TO THE AGREEMENT WITH THE SAN DIEGO UNIFIED PORT DISTRICT FOR GROUNDS AND COMFORT STATION MAINTENANCE - On 9/5/95, Council authorized the 19th Amendment to an Agreement with the San Diego Unified Port District for ground and comfort station maintenance at the "J" Street Marina, Bayside Park, and the landscape medians on Tidelands. On 5/29/96, the San Diego Unified Port District authorized the 20th Amendment to the Agreement. Staff recommends approval of the resolution. (Director of Parks and Recreation) 9. RESOLUTION 18435 DECLARING CITY'S INTENTION TO HOLD A PUBLIC HEARING TO ASCERT AINWHETHER TO UNDERGROUND OVERIIEAD UTILITIES ALONG OTA Y LAKES ROAD FROM RIDGEBACK ROAD TO APACHE DRIVE AND SETTING A PUBLIC HEARING FOR THE FORMATION OF UTILITY UNDERGROUND DISTRICT NUMBER 129 FOR OCTOBER 22, 1996 AT 6:00 P.M. - On 11/21/91, Council accepted a report on the City's Utility Undergrounding Conversion Program and approved a revised list of utility underground conversion projects. The subject section of Otay Lakes Road was ranked as the eleventh utility conversion project in the City's adopted program. Proposed construction work for fiscal year 1996/97 has also improved the project's priority point rating, making the subject street section top priority. On 8/14/96, an Underground Utility Advisory Committee meeting was held at the site to determine the proposed boundary of an underground utility district for the conversion of existing overhead utilities. The districts limits extend along Otay Lakes Road from Ridgeback Road to Apache Drive. Staff recommends approval of the resolution. (Director of Public Works) Agenda -3- September 17, 1996 10. REPORT REQUEST FOR RELEASE OF TRIP DEFERRAL AGREEMENT, RANCHO DEL REY SECTIONAL PLANNING AREA (SPA) ill NEIGHBORHOODS R-6 AND R-7 - RANCHO DEL REY INVESTORS, L.P.- The City and Rancho del Rey Partnership executed the Trip Deferral Agreement in June 1993 which stipulated terms for release. The applicant has indicated, with staffs concurrence, that those terms have been met and is requesting execution of the required release document. Staff recommends approval of the resolution. (Director of Planning and Director of Public Works) RESOLUTION 18436 APPROVING THE FIRST AMENDMENT TO THE TRIP DEFERRAL AGREEMENT FOR RANCHO DEL REY SPA III NEIGHBORHOODS R- 6 AND R-7, AUTHORIZING THE MAYOR TO EXECUTE SAME; APPROVING THE FINAL FORM OF THE ASSOCIATED RELEASE OF TRIP DEFERRAL AGREEMENT, AND AUTHORIZING THE CITY MANAGER TO EXECUTE SAID RELEASE II. REPORT AFFIRMING TRIAL TRAFFIC REGULATION NUMBER 145 THEREBY AMENDING SCHEDULE VI - PARKING - TIME LIMITED ON CERTAIN STREETS, FOR TWO-HOUR TIME LIM1TED PARKING 8:00 A.M. TO 6:00 P.M., EXCEPT ON SUNDAYS AND PUBLIC HOLIDAYS ON A PORTION OF THE NORTH SIDE OF KEARNEY STREET BETWEEN THIRD A VENUE AND CHURCH A VENUE - In January 1996, staff received a written request from the owner of the commercial building at 745 Third Avenue, which has businesses that front on Kearney Street, to provide time limited parking on the westerly portion of the two hundred block of Kearney Street. Staff recommends Council accept the report relative to the amendment of Schedule VI, and making the trial traffic regulation for two-hour time limited parking 8:00 a.m. to 6:00 p.m., except on Sundays and Public Holidays, on a portion of the north side of Kearney Street between Third Avenue and Church Avenue, a permanent regulation. (Director of Public Works) 12. REPORT PROPOSED CHANGES TO CHULA VISTA TRANSIT (CVT) ROUTES SERVING SOUTHWESTERN COLLEGE TRANSIT FACILITY - Routing and schedule changes are proposed for CVT Routes 705,709 and 711 to better serve the new transit facility and the EastLake area. Staff recommends approval of the resolution. (Director of Public Works) 13. REPORT RE-ESTABLISHMENT OF UNIVERSITY TASK FORCE - Council previously directed staff to contact members of the City's University Task Force to determine their interest in participating again on the Task Force in order to review university siting issues. Staff has obtained a list of members who are interested in participating. Staff recommends Council approve the updated membership list for the University Task Force. (Director of Planning) * * * END OF CONSENT CALENDAR * * * Agenda -4- September 17, 1996 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 F0111l" available in the lobby and submit it to the City Clerk prior to the meeting. (Complete the green f0111l to speak in favor of the staff recommentlation; complete the pink f0111l to speak in opposition to the staff recommentlation.) Comments are limited to five minutes per individual. 14. PUBLIC HEARING ZA V -96-12; APPEAL FROM PLANNING COMMISSION DENlAL 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 C-T Thoroughfare Commercial zone. The C-T zone limits the height of rooftop signs to 35 feet above grade. Staff recommends approval of the resolution denying the appeal. (Director of Planning) Continued from the meeting of 8/20/96. RESOLUTION 18437 DENYING THE APPEAL AND THEREBY UPHOLDING THE DECISION OF THE PLANNING COMMISSION TO DENY THE 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 15. PUBLIC HEARING ORDINANCE 2690 ADOPTING OTAY RANCH PRE-ANNEXATION DEVELOPMENT AGREEMENT WITH BALDWIN BUILDERS - The purpose of this item is to present a development agreement with Baldwin Builders. On 6/25/96, the Planning Commission and Council considered a series of development agreements with Village Properties, United Enterprises, Greg Smith, and the Foundation. (The Foundation agreement was subsequently split into three separate agreements). The remaining party who is a property owner of a portion of the Otay Ranch property is Baldwin Builders, which is the trustee for the bankruptcy. Staff recommends Council place the Ordinance on first reading. (Deputy City Manager) Continued from the meeting of 9/10/96. ADOPTING OTAY RANCH PRE-ANNEXATION DEVELOPMENT AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND THE BALDWIN BUILDERS (first reading) 16.A. RESOLUTION 18416 APPROVING A RESOURCE CONVEYANCE AGREEMENT FOR THE OT A Y RANCH SPA I, TRACT 96-04 - (This is a related item. but does not reauire a DubHe hearin!!.) B. RESOLUTION 18417 APPROVING THE INDEMNIFICATION AGREEMENT WITH VILLAGE DEVELOPMENT FOR TRACT 96-04 - (This is a related item. hut does not reouire a Dublic heanm!). C. PUBLIC HEARING PCS-96-04; CONSIDERATION OF A REVISED TENTATIVE SUBDIVISION MAP FOR THE OTAYRANCH 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 Agenda -5- September 17, 1996 NUMBER 642-060-11 AND A PORTION OF ASSESSOR PARCEL NUMBER 642-080-11 - Adopt a Second Addendum to and recertify FEIR 95-01 and the First Addendum for Otay Ranch SPA One and Tentative Map for Otay Ranch, Tract 96-04, in accordance with the rmdings and subject to the condition contained in the draft resolution. Staff recommends approval of resolutions 18417, 18417 and 18398-2. (Otay Ranch Special Planning Projects Manager) Continued from the meeting of 9/10/96. D. RESOLUTION 18398-2 ADOPTING THE SECOND ADDENDUM TO AND RECERTIFYING FINAL ENVIRONMENTAL IMPACT REPORT FEIR 95-01 (SCH #95021012) AND FIRST ADDENDUM, AND READOPTING THE STATEMENT OF OVERRIDING CONSIDERATIONS AND THE MITIGATION MONITORING AND REPORTING PROGRAM FOR THE FEIR AND DENYING APPROVAL OF ALTERNATIVE TENTATIVE MAP PROPOSALS AND APPROVING A REVISED TENTATIVE SUBDIVISION MAP FOR PORTIONS OF THE OTAY RANCH SPA ONE, TRACT 96-04, AND MAKING THE NECESSARY FINDINGS ORAL COMMUNICATIONS This is an opportunity for the general public to address the City Council on any subject matter within the Council'sjurisdiction that is not an item on this agetuMfor 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. 17. REPORT STATUS OF TELEGRAPH CANYON ESTATES (ST. CLAIRE SUBDIVISION) - At a recent Council meeting several problems with Baldwin's SI. Claire development were brougbt to the attention of Council. Those problems include a decline in the condition of the landscaping within Open Space District Number 31, lack of completion of some public improvements, and problems associated with abandonment of houses under construction. Staff recommends Council accept the report and authorize staff to: (1) initiate action to repair, re-vegetate and re-Iandscape the landscaped slopes, medians and Agenda -6- September 17, 1996 parkways through foreclosure on the bonds for Subdivision Map Numbers 13068, 13069, and 13070 on 10119196 when the Subdivision Agreement expires and the developer is in default; and (2) initiate action to abate a potential fire hazard by removing three uncompleted structures adjacent to existing, occupied dwelling units. (Director of Parks and Recreation, Director of Building and Housing, and Director of Public Works) 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 18. CITY MANAGER'S REPORT(S) a. Scheduling of meetings. b. Report on additional Assistant City Manager position. Continued from the meeting of 9/10/96. c. Report on Chula Vista population change 111196. Continued from the meeting of 9/10/96. d. CIP Expenditures in Western Cbula Vista. Continued from the meeting of 9110/96. 19. MAYOR'S REPORT(S) a. Designation of voting delegate and voting alternate for League of California Cities' Annual Conference scheduled for Sunday, October 13 through Tuesday, October 15, 1996 in Anaheim. 20. COUNCiL COMMENTS Council member Alevv a. Animal Shelter Facility. ADJOURNMENT The meeting will adjourn to the regular City Council meeting on September 24, 1996 at 6:00 p.m. in the City Council Chambers. A Meeting of the Redevelopment Agency will be held immediately following the City Council Meeting. Agenda -7- September 17, 1996 ***** 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 Jollowing items oj business which are permitted by law to be the subject oj a closed session discussion, and which the Council is advised should be discussed in closed session to best protect the interests oj the City. The Council is required by law to return to open session, issue any reports oj final action taken in closed session, and the votes taken. However, due to the typical length oj 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 Jrom closed session, reports oj final action taken, and atijournment will not be videotaped. Nevertheless, the report oj final action taken will be recorded in the minutes which will be available in the City Clerk's OJfice. 21. CONFERENCE WITH LEGAL COUNSEL REGARDING: 1. Existing litigation pursuant to Government Code Section 54956.9 . SNMB, L.P. vs. the City of Chula Vista and MCA. 2. Anticipated litigation pursuant to Government Code Section 54956.9 . Significant exposure to litigation pursuant to subdivision (b) Section 54956.0: 2. . Metro sewer issues. CONFERENCE WITH LABOR NEGOTIATOR - Pursuant to Government Code Section 54957.6 . Agency negotiator: John Gass or designee for CVEA, WCE, POA, IAFF, Executive Management, Mid-Management, and Unrepresented. Employee organization: Chula Vista Employees Association (CVEA) and Western Council of Engineers (WCE) , Police Officers Association (POA) and International Association of Fire Fighters (IAFF). Unrepresented employee: Executive Management, Mid-Management, and Unrepresented. 22. REPORT OF ACTIONS TAKEN IN CLOSED SESSION ***** ~{~ ~~ : -- ~- -- - - 0tY OF OfUlA VISTA MF.MOR A NDIJM September 11, 1996 SUBJECT The Honorable Mayor and City Council, ~ John D. Goss, City Manager Jf\ 'v() ~ \ City Council Meeting of September 17,1996 TO FROM This will transmit the agenda and related materials for the regular City Council meeting of Tuesday, September 17, 1996. Comments regarding the Written Communications are as follows: 5a. This is a memo from the Acting City Attorney regarding actions taken in Closed Session on September 10, 1996. IT IS RECOMMENDED THAT THIS LETTER BE RECEIVED AND FILED. 5b. IT IS RECOMMENDED THAT RONALD D. MORTON'S RESIGNATION FROM THE HUMAN RELATIONS COMMISSION BE ACCEPTED WITH REGRET AND THE CITY CLERK BE DIRECTED TO POST IMMEDIATELY ACCORDING TO THE MADDY ACT IN THE CLERK'S OFFICE AND THE LIBRARY. 5c. IT IS RECOMMENDED THAT CHRISTINA OROZCO'S RESIGNATION FROM THE MOBILEHOME RENT REVIEW COMMISSION BE ACCEPTED WITH REGRET AND THE CITY CLERK BE DIRECTED TO POST IMMEDIATELY ACCORDING TO THE MADDY ACT IN THE CLERK'S OFFICE AND THE LmRARY. -, I , . Elizabeth C. Lee 745 Third Avenue. ##C Chula Vista, CA 91910 (619) 427.8080 January 6, 1996 Frank Rivera Traffic Engineer 276 Fourth Avenue Chula Vista, CA 91910 Re: Placement of 2 hour parking signs on Kearney Street at Third Avenue Dear Mr. Rivera: I am writing this letter asking that you consider placing 2 hour parking signs on Kearney Street at Third Avenue for the use of the patrons of my beauty shop, as well as business tenants in the same building. .. You will find below signatures of persons joining me in a petition to have these signs placed. Sincerely, *1 . ~~;t(j d<-. /.. ~~r ~ ..' I' Elizabeth Lee EL:vn {~1~C '1/1 d'&Vf~~~~ ___ ame A ess I one .. - -~ _._____J'~. ~~. 91 fllJ I I ft." ///)1" / , (", J( ~(_~.b) ~~~ =--;-: ~-..::-..::~ ~~~.;t ow OF CHUlA VISTA OFFICE OF THE CITY ATTORNEY Date: September 11, 1996 To: The Honorable Mayor and City Council t' 't (j Ac 1ng C1 y Attorney - (YI, From: Ann Y. Moore, Re: Report Regarding Actions Taken in Closed Session for the Meeting of 9/10/96 The City Council met in Closed Session to discuss SNMB, L.P. vs. the city of Chula vista and MCA, Significant exposure to litigation pursuant to subdivision (b) section 54956.9:1, Public Employee Release, and labor negotiations. Labor negotiations have been continued to the Council meeting of September 14, 1996 at 9:00 a.m. The Acting city Attorney hereby reports to the best of her knowledge from observance of actions taken in the Closed Session of September 10, 1996, there were no actions that are required to be reported under the Brown Act. AYM: 19k C:\lt\clossess.no ~--J 276 FOURTH AVENUE, CHULA VISTA' CALIFORNIA 91910 . (619) 691-5037 . FAX (619) 585.5612 ')~yf't&~Aoc)dOOP'" Ii ~ECEIVED "96 SEP -9 roO:03 .IlY (f _A VISTA wr 1l.'S eFFiCE September 9, 1996 TO: FROM: Beverly Authelet, City Clerk Armando Buelna, Assistant to the Mayor and Council k~ SUBJECT: RESIGNATION FROM THE HUMAN RELATIONS COMMISSION This is to inform you that Ronald Dean Morton has verbally resigned from the Human Relations Commission. Please place this item on the next available agenda to allow the City Council to formally accept his resignation. ab cc: Karen Wooten, Human Relations Commission Secretary L:c- . q ~~ (~Wi1iRii' ~";v';'.",,;~i'i\>.'~ ./"~ - . i I ~*I'~ {-~)~ :--..- '.,. Sb-J (~,'~~~~~ (' (\ {'-', "), ;~~ i1 ~~';> . ',., ~F~"" ,~, K~.:' ~:"_'~~'-':;,~ ,;. .~ I':~ ,,_..""'..,,01."00"'" 0""""",,. <., "I . ..". . ". '."" "IiiiIDI~._iiii'::'JUjra~'. "I4U """;~4 tij ij~'ij~..J~-; ~ ~/~7~7 ~ECEIVED '96 SEP 10 A11:41 eHV,V if _1\ ViSTA If( ....S tFflCE September 9, 1996 TO: Beverly Authelet, City Clerk FROM: Armando Buelna, Assistant to the Mayor and Council *Ib SUBJECT: RESIGNATION FROM THE MOBILEHOME RENT REVIEW COMMISSION This is to inform you that Christina Orozco has moved away from Chula Vista and has verbally resigned from the Mobilehome Rent Review Commission, Please place this item on the next available agenda to allow the City Council to formally accept her resignation, ab cc: Alicia Hernandez, Mobilehome Rent Review Commission Secretary WRn-rEi'J LC';' 4~~(~/) {:'5 ~~ -~"",, "" ,. '" ,'no" '0 ."~ "', ~';O'" ft' -,i"),r:'\,,,~,.,:,. r~ ::'">" ":,I'_~~- <.-~ i:",'~ ",'f,,: ~';~\I g.",::j" ,~u ~ .:',",::J 'o:tc..j!)o1\ 118'15 r piy? _5c - ) COUNCIL AGENDA STATEMENT Item Meeting Date 09/17/96 . . & ITEM TITLE: Resolution temporary closure of a Parkway on September 21 Crate Derby . Chief of p01ice+i~' City Manager~ J;( Y-J-,z Authorizing conditional portion of Rancho Del Rey and 22, 1996 for the Orange SUBMITTED BY: REVIEWED BY: (4/Sths Vote: Yes ___ No ~) The Bonita Orange Crate Derby Committee of the Bonita Valley Lions Club is requesting permission for a temporary street closure on Rancho Del Rey Parkway on September 21 and 22, 1996 to conduct their Seventeenth Annual Orange Crate Derby. STAFF RECOMMENDATION: That Council approve the resolution and authorize conditional temporary closure of a portion of Rancho Del Rey Parkway on September 21 and 22, 1996 for the Orange Crate Derby, subject to staff conditions as stated in this report. BOARDS/COMMISSIONS RECOMMENDATION: N/A DISCUSSION: The Bonita Orange Crate Derby Committee is requesting permission to conduct the Seventeenth Annual Orange Crate Derby on Saturday and Sunday, September 21 and 22, 1996. The event would be conducted on the west section of Rancho del Rey Parkway, between Terra Nova Drive to the north, and Del Rey Boulevard to the south. Both Terra Nova Drive and Del Rey Boulevard, as well as all other sections of Rancho Del Rey Parkway, would remain open to traffic at all times. Diagrams of the event area are attached (Attachment "A" and "B"). This is a two day event with the street closed to all traffic from 6:00 a.m. Saturday until 6:00 p.m. Sunday. The sponsor expects that approximately 150-200 youngsters, ages 6 to 13, "driving" 125 separate derby cars, would be involved in the double elimination competition during the two day event. The derby cars are built by families, according to specifications provided by the sponsors. Each car is equipped with a steering wheel (steering capacity is limited to avoid "over-steering" by young drivers) and a friction-drag braking device. Each car is inspected to verify that safety equipment is in working order, and drivers are required to wear helmets, long pants, and sturdy shoes. The race course is approximately 1,000 feet in length, with no curves or turns. The entire course is lined with hay bales on both sides, and the lanes are separated with traffic safety cones. The [Network: jg: orgcrate.113J 1 ~~/ - Item Meeting Date 09/17/96 use of cones serves two purposes; they delineate lanes, and also act as brakes if cars accidently run over them. The run-out area below the finish line is also lined with traffic cones and hay bales. Only two cars are permitted on the course at anyone time. Spectator areas are designated and separated from the course by hay bales and flag lines. The sponsors would be required to provide insurance, portable toilets, trash containers and trash control, necessary traffic barricades, cones, and directional signs, and overnight security (most cars will remain at the event site overnight). The event has been conducted in the Rancho Del Rey area for the past five years. No significant problems with this event have been noted. The event would have very little impact on residents in the area, since all residential areas are fully accessible by alternate streets, and development in the western area of Rancho Del Rey is incomplete at this time and there are no homes on the race route. Approval of the request should be subject to the following conditions: 1. The sponsors shall submit proof of insurance in the form of a Certificate of Insurance for $2 million Commercial General liability insurance, or equivalent form, with a policy endorsement naming the City as insured, making their insurance primary with respect to the City's insurance and providing notification of cancellation. 2. It is recommended that the sponsors execute the standard Hold Harmless Agreement. However, in light of recent Council Action regarding a similar event, a letter from the sponsors stating that they will not file claims against the City for any liability arising out of the event, except for those arising from the sole negligence or sole willful conduct of the City would be an acceptable alternative. 3. The sponsors shall provide, at their own expense, all necessary supplies and services required to safely conduct the event, including portable toilets, trash receptacles, trash control, crowd control, traffic control and traffic control equipment, signage, and security. 4. Sponsors shall provide a fully refundable $250 cleaning/damage deposit. This has already been received by the City. 5. Sponsors shall post applicable street closure signs at least 48 hours in advance of the event. [Network: jg: orgcrate.113J 2 ~- '/ ..--. I' Item Meeting Date 09/17/96 6. All event participants shall be required to sign liability waivers approved by the City Attorney as to form. These waivers must indicate that the City of Chula Vista will be indemnified and held harmless. 7. The sponsors shall provide adequate supervision of event spectators and participants to prevent damage to City property and landscaping. 8. The sponsors shall provide adequate and sufficient street barricades and supervision to insure that no vehicles are permitted into the event area throughout the duration of the event, including the overnight period. 9. Sponsors shall notify area residents that the event is being held 48 hours prior to the event. FISCAL IMPACT: The event sponsors will be responsible for all event costs. Any services provided by the City before, during, or after the event will be fully reimbursed by the sponsor. Attachments: "A" - General Site plan "B" - Detail Site Plan [Network: jg: orgcrate.113J 3 &./5 RESOLUTION NO. /5(Y_5 c2 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AUTHORIZING CONDITIONAL TEMPORARY CLOSURE OF RANCHO DEL REY PARKWAY ON SEPTEMBER 21 AND 22, 1996 FOR THE ORANGE CRATE DERBY WHEREAS, the Bonita Orange Crate Derby Committee is requesting Council to authorize a temporary street closure on Rancho del Rey Parkway on September 21 and 22, 1996 to conduct an Orange Crate Derby. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula vista does hereby authorize temporary closure of Rancho del Rey Parkway on September 21 and 22, 1996 for an Orange Crate Derby subject to the following conditions: 1. The sponsor shall submit proof of insurance in the form of a Certificate of Insurance and Policy Endorsement for $1 million, naming the city as additional insured. 2. The sponsor shall execute the standard Hold Harmless Agreement in a form acceptable to the City Attorney. 3. The sponsor shall provide, at their own expense, all necessary supplies and services required to safely conduct the event, including portable toilets, trash receptacles, trash control, crowd control, traffic control and traffic control equipment, signage, and security. 4. Sponsor shall provide a full refundable $250 cleaning/damage deposit. 5. sponsor shall post applicable street closure signs at least 48 hours in advance of the event. 6. All event participants shall be required to sign liability wa~vers. These waivers must indicate that the city of Chula vista will be indemnified and held harmless. 7. The sponsor shall provide adequate supervision of event spectators and participants to prevent damage to City property and landscaping. 8. The sponsor shall provide adequate and sufficient street barricades and supervision to insure that no vehicles are permitted into the event area throughout the duration of the event, including the overnight period. Presented by Approved as to form by Richard Emerson, Chief of Police c~"-- ,-,~ JCwr.-"---' Ann Y. M ore, Acting City Attorney C:\rs\orange.der ~--r I:. .; /'~ ,'- ,':,~ ~~ \:)] ~/~) \ :I ~~ . A' . ~ I~:::;~ 'ii")..)'X _ ~ \ , , " \ \'SJ I ',' 1i:J?/.: I . , ~ rr<;y 'r?"~0 III '..:~ \.e.'.. l:~' ~ < [~~ __ ~_ ~~..~. " )\. ~'. \ ~~ ~ ~ ~ 'ff$ \~~ ~~\:\,,:.~~ '~~~~ Jkw~'~ ~1d~:\f$,'f!;';. \",.^.,~ \ i ", ~ .'''';~E~ . ~-'?, .. l::: .m '/ ~~ ~ ~I '" ~, ~~\tHB~ I/....~.. / .~;......~'I/ .~.. . ~ ~~w(.1fM r," ,,<,B. \-. \'.1: y, ~., ~ m'~t'::It~. 111" ~, 'ii' I \~~ \\~~~.~ -\)>-;, ,~/~ ~~''<r; ,J/ It/" \ ~'::"'" '-"';' ~ ! -"'~. , \,-'.-= ,-'j '- N . -'" _1[" .X:"!\: ",./': . 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'0 J r:E (~ ,.~~ \.1......;,:.;. .. ..... , -.L.. ,- t; ,,:.~:,::::,.:,~~~\ , ~~~ 1- ..,..."t"... .';\..........~\'C'\;. . J F\.~.\:~a~.~.~.(...~. ~\("\\'\"""~) I . :c,~,;:;.:N'~I\~~~f'..~~...::"...,:;'\\,. ~....z... 0{ ~ f) ~'.' "..;.,,,,- ~"""" \.... ..\.\.~\.\. "::"".:;; ""'~f,~.,~~, "::~Ie:~'~~'~~:~\',"~ ~ ~ Rl~:\:. :;;,f'c..... ....:... ~ .,\" ,..."\,~\\~\~......\':. " . . "\:"',.. ~,,,,\"'\~..l\.~,.., ., ~ ~~.'"'''~l''''\\''''''' .~. ""(.. ~. ~ ~~~lo;t\~.'J r.~~ _'~ c." 4It () · .df~~ "" . %:~~ r ~ . /, '.~\,'V-, .~ c I "-GJ.. . ~.Y" 0"~ . · /' 7...... A' 7". v::-. ' : ~ '1/ II ~ ~ Bonita Orange Crate erby XV A Bonita Valley Lions Community Event Sponsored by: McMillin Compaines rJj r-;J N ~ ~ Q... Events: Build-A-Car Clinic Saturday, August 17,1996 Examples of classic design cars, parts lists, design assistance and rules infonnation available. Location: Rancho Del Rey Infonnation Center Time 8:00AM till H First, Second and Third Place winners in each category will be awarded individual WINNER'S TROPHIES ** Your entry form MUST be received by Sept. 10. Mail to: Orange Crate Derby P.O. Box 972 Chula Vista, CA 91912 to be sure you receive a participant's T-shirt. Inspection (Mandatory) Saturday,September 14,1996 All cars MUST pass inspection before they will be allowed on race course. Location: Del Rey Infonnation Center Time 8:00AM till 2:00PM Race Weekend Located at the corner of Rancho Del Rey Pkwy. and Del Rey Blvd. Open Practice Saturday, September 21,1996 No repair facility will be available at the race course on Saturday, September 21. Race Day Sunday, September 22,1996 'I"'C......nec..:".....k"".......ti. . . ....:......'1... .....0":...0....:::.::::.'1 .. .... . ...,.n... .me....... . ..am... .... -. ...... . . . .... .... .. . .... ~ ~~::~:: ~ ::'~: :,', :;;;:::: ',':: ~~i:~ b: -:; .: ....... n: ~:: :: ::,. :~;~ .::: ::,: ::;~;::::~::;::;~ ~~;~ ;1 Sponsored By: .\\.McMillin Companies 6/'7 Adult Volunteers to help please call AI Daum 585-8119 or AI Hooper 427-9157 COUNCIL AGENDA STATEMENT r, Item: r' Meeting Date: 09/17/96 ITEM TITLE: JG'L/~-' R I. ,'5 / .-:>~';, . th . d . eso utlon r supportmg e extensIOn an programmatic changes for a technical assistance grant from the California Healthy Cities Project and endorse a broad-based public policy approach to community improvement and the promotion of a healthful envirornnent for city residents () Director of Parks and Rec;.el\~' City ManagejG ~ ~\ (4/5ths Vote: Yes No X) SUBMITTED BY: REVIEWED BY: The Chula Vista Parks and Recreation Department, in collaboration with the Chula Vista Cluster Coordinating Council, Chula Vista Elementary School District, Chula Vista Youth Coalition, and University of California Cooperative Extension - San Diego County 4-H Programs, propose to establish a community-school based garden project and after-school playground garden activities and curriculum. Based upon the success of the first and second year's California Healthy Cities Project, the City of Chula Vista has been invited to file an extension proposal for a third year of funding (Attachment "A"). The intent of this report is to request that the City Council approve a Resolution of Support that must accompany the request for the program extension. In addition, the report addresses the change in programmatic emphasis. Following notification of extension approval, staff will return to Council with a program update, a request that City Council accept the award, and an amendment for the FY 1996-97 budget to appropriate the awarded funds. RECOMMENDATION: That the City Council: 1. Adopt the Resolution supporting the extension and programmatic changes for a technical assistance grant from the California Healthy Cities Project; and 2. Endorse a broad-based public policy approach to community improvement and the promotion of a healthful envirornnent for city residents; and 3. Support the change in program emphasis from the production of a youth newspaper to the fonnation of a community garden. BOARDS/COMMISSION RECOMMENDATION: On August 15, the Parks and Recreation Commission reviewed the report as an infonnation item only. DISCUSSION: The Healthy Cities Project model provides an integrated approach to enhance the health of a city by focusing on a process for community improvement. Since 1988, the California Healthy [M.\homelparksreclal]3 - HCRENEW.96 _ 09/06/96] 1 7- / " Item: Meeting Date: 09/17/96 Cities Project has assisted cities and public health agencies with their efforts to put the Healthy Cities model into practice. The Sacramento-based project is funded by the State Department of Health Services, and it is the first and only state health agency in the country to fund a Healthy Cities program. The Healthy Cities Project offers educational programs, technical consultation, and resource materials to interested cities throughout the state. The funding available through the Healthy Cities Project is provided as seed money for the start-up and establishment of new programs. If successful, projects may continue the same focus for two to three years, or it allows the community to shift focus to newly defined areas of need throughout project participation. This allows the community project to gain support through alternate sources of funding. SCOPE OF THE HEALTHY CITIES PROJECT 1994 - 95 Year One: On June 14, 1994, staff presented a proposal to the Council in which the City would apply to join the California Healthy Cities Project, FY 1994-95. Accompanying this application was a technical assistance grant request of $5,000 to the California Healthy Cities Project to help implement the proposed project: production of a youth newspaper. On July 1, 1994, the Department was informed that its application and project proposal to the California Healthy Cities Project had been accepted. In addition to acceptance in the Healthy Cities project, a $4,250 grant was approved to help begin production of the youth newspaper. The City, in collaboration with South Bay Community Services and its KIDZBiZ Program, began the youth newspaper, South Bay Youth Chronicle, recently renamed, Infiniti Magazine. 1995 - 96 Year Two: On September 5, 1995, the Council approved a proposal in which the City would continue the technical assistance grant from the California Health Cities Project, FY 1995-96. The proposal extended the production of the youth newspaper. Accompanying the application was a grant request of $7,500 to the California Healthy Cities Project. On March 28, 1996, the Department was informed that its application and project proposal to the California Healthy Cities Project had been accepted. A technical assistance grant of $7,500 was approved by the California Healthy Cities Project to fund the City's project for a second year. Over the past two years, South Bay Community Services in collaboration with the Chula Vista Parks and Recreation Department, has successfully obtained alternate resources to continue the youth publication. The sources of this funding include advertising rates and participation in the City of Chula Vista's Tobacco Education Project. The publication will continue to be published and distributed on the regular bimonthly schedule. 1996 - 97 Year Three/Proposed Project: At the request and recommendation of California Healthy Cities Project staff, City staff proposes to change from the current program, the youth publication Infiniti Magazine, to a new community garden venture. The Chula Vista Parks and Recreation Department, in collaboration with the Chula Vista Cluster Coordinating Council, Chula Vista Elementary School District, Chula Vista Youth Coalition, and University of California Cooperative Extension - San Diego County 4-H Programs, will establish a new [M,\homelparksre<;\all3 _ HCRENEW 96 _ 09/06/96] 2 7-2 Item: Meeting Date: 09/17/96 project, a community-school based garden and after-school playground garden activities and curriculum. Chula Vista, previously an agriculture community and center of the nation's lemon industry, lacks a community garden. The community garden is proposed to be at Vista Square Elementary School and would involve students, parents, teachers, and community volunteers. Participants would assist in the design and planning of the garden, soliciting in-kind donations from local businesses and developing long range goals for sustainability of the community garden. Following the establishment of the Vista Square community-school garden, after-school playground garden activities would begin at Discovery and Lauderbach Elementary Schools. Principals at both sites have committed space to develop the gardens. The after-school gardens are a vehicle for youth to focus their energy into positive and productive avenues. Facets of the new programs would include: soil preparation, composting, beneficial insects, low-water irrigation, food preparation, biology, chemistry, and nutrition education. Children, youth, and adults would be exposed to enhanced nutritional information and direct food production techniques. The goal is to improve the ability of residents to become self-sufficient and improve their quality of life through healthy activities. Additionally, through involvement with the garden project, community members would recognize the importance of environmental issues and the impact those issues have on their lives and their children. The City's Human Services Coordinator would continue to serve as the project manager, and would be responsible for completing and submitting the required reports to the California Healthy Cities Project. Funds would be disbursed to the appropriate partner agency upon receipt of appropriate expense documentation. Payments are made based on clear expectations and performance in accordance with the proposal submitted to the California Healthy Cities Project. Chula Vista continues to be associated with an impressive group of cities located throughout the state that are diverse in size and economic levels. These cities provide services that address a diverse range of community issues that include protection of the physical environment, improvement of public safety, and the provision of adult literacy programs to give residents skills to improve their health. Two other cities in San Diego County -- Escondido and Oceanside -- belong to the California Healthy Cities Project. FISCAL IMPACT: Should the City be successful in its program extension application, an award for the third-year technical assistance grant would be $7,500 from the California Healthy Cities Project. These funds would be deposited into the existing grant account, Healthy Cities Project Grant (290-2901). This grant would cover the operational expenses for materials and supplies for the project. The Human Services Coordinator would work approximately 11 % or 5 hours per week on the project. The City would contribute, in-kind, the salary and benefits of the Human Services Coordinator, at an estimated cost of $5,500 for the grant period. Excepting the in-kind contribution, City General Funds will not be required for this program. Attachment: A. Application [M\home\parksrec\al13 _ HCRENEW,96 - 09/06/96] 3 7- _5 RESOLUTION NO. /ar7l~~ RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA SUPPORTING THE EXTENSION AND PROGRAMMATIC CHANGES FOR A TECHNICAL ASSISTANCE GRANT FROM THE CALIFORNIA HEALTHY CITIES PROJECT AND ENDORSE A BROAD-BASED PUBLIC POLICY APPROACH TO COMMUNITY IMPROVEMENT AND THE PROMOTION OF A HEALTHFUL ENVIRONMENT FOR CITY RESIDENTS WHEREAS, the Chula vista Parks and Recreation Department, in collaboration with the Chula vista Cluster Coordinating Council, Chula vista Elementary School District, Chula vista Youth Coalition and University of California Cooperative Extension - San Diego County 4-H Programs, propose to establish a community-school based garden project and after-school playground garden activities and curriculum; and WHEREAS, based upon the success of the first and second year's California Healthy cities Project, the city of Chula vista has been invited to file an extension proposal for a third year of funding; and WHEREAS, a Council Resolution of Support must accompany the request for the program extension; and WHEREAS, following notification of extension approval, staff will return to Council with a program update, a request that Council accept the award, and an amendment for the FY 1996-97 budget to appropriate the awarded funds. NOW, THEREFORE, BE IT RESOLVED the City Council of the City of Chula vista does hereby resolve the following: (a) support the extension and programmatic changes for a technical assistance grant from the California Healthy cities Project; (b) endorse a broad-based public policy approach to community improvement and the promotion of a healthful environment for city residents; and (c) support the change in program emphasis from the production of a youth newspaper to the formation of a community garden. Presented by Approved as to form by Jess Valenzuela, Director of Public Works ~~ ~~Q Ann Y. More, Actlng Clty Attorney c: \rs\hcrenew 7- if , . RENEWAL ApPLICATION City of: Chula Vista Progr.m V..r: 1,0/01 IQF. OQ/<0/Q7 ... U W ., o a: 0- en w - ... - U >- :E: ~ C w :J: c - z a: o u. - ..I C U to IJ<i" ApPLICATION DEADLINE: c 09/01/96 All material in final form, not faxed ttansmittals, must be received by the applica- tion deadline. Mail the original Renewal Application and four (4) copies to: . Mailing Address . California Healthy Cities Project Mail Station 675 P.O. Box 942732 Sacramento, CA 94234-7320 . Express Deliveries Only + California Healthy Cities Project Mail Station 675 601 N. 7m Stteet Sacramento, CA 95814 !XI CITY COUNCIL REsOLUfION The resolution should support continued participation in the Project for the proposed program year and endorse a broad-based public policy approach to community improvement and the promotion of a healthful environment for city residents. !XI SUMMARY OF PROGRESS TO DATE (2-page lIUlXimum) Prepare a narrative description of: A. The project's focus for the previous program year and a restatement of the major goals and objectives; B. The progress made toward meeting the goals and objectives for the previous program year. C. Problem areas and what was done, or will be done, to address these areas; and D. An overall assessment as to how successful the project was in achieving the desired outcomes. !XI PROPOSED PROJECT "" Narrative (2-page maximum) See page 2 for guidelines "" Workplan (copy and use one form for each objective.) See pages 3 & 4 for guidelines and form "" A Roster of Project Steering Committee Members Please include organizational affiliations as appropriate "" Project Participation Agreement See page 5 for form "" Financial Assistance Request - Local Project Implementation See page 6 for form @ 1992 by the Western Consortium for Public Health. All Rig/us Reserved. 7~-~ moc\f....... folder 10111195 The City of Chula Vista's Parks and Recreation Commission held a meeting on July 18, 1996. A quorum was not possible at that meeting, therefore the Healthy Cities Project item could not proceed to the City Council. The next meeting of the Commission will be August 15, 1996. It is anticipated to have a quorum at that meeting, so the item may be presented to the City Council on September 10, 1996. Following the City Council meeting, I will fax a copy of tbe approved resolution supporting continued participation and endorsing a broad-based public policy approach to community improvement. The new resolution will approximate the following resolution: RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA SUPPORTING CONTINUED PARTICIPATION IN THE CALIFORNIA HEALTHY CITIES PROJECT FOR FY AND 96/97 AND ENDORSING A BROAD-BASED PUBLIC POLICY APPROACH TO COMMUNITY IMPROVEMENT AND THE PROMOTION OF A HEALTHFUL ENVIRONMENT FOR CITY RESIDENTS WHEREAS, on September 5, 1995, staff presented a proposal to the Council in which the City would continue the California Healthy Cities Project for FY 95/96; and WHEREAS, accompanying the application was a grant request of $7,500 to the California Healthy Cities Project to help continue the proposed project: production of youth newspaper; and WHEREAS, on March 28, 1996, Parks and Recreation was informed that its application and project proposal to the California Healthy Cities Project had been accepted and a technical assistance grant of $7,500 was approved to implement the City's second-year project; and WHEREAS, based on the success of the second year, the City ofChula Vista has been invited to file an extension proposal for a third year of funding; and WHEREAS, staff requests Council approval of this extension. NOW, THEREFORE, BE IT RESOLVED the City Council of the City of Chula vista does hereby support continued participation in the California Healthy Cities Project for FY 96/97. BE IT FURTHER RESOLVED that the City Council does hereby continue to endorse a broad-based public policy approach to community improvement and the promotion of a healthful environment for city residents. Presented by Approved as to form by Bruce M. Boogaard City Attorney Jess Valenzuela Director of Parks and Recreation 7~?: PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista, California, this 10th day of September, 1996, by the following vote: AYES: Councilmembers: NAYES: Councilmembers: ABSENT: Counciimembers: ABSTAIN: Councilmembers: Shirley Horton, Mayor ATTEST: Beverly A. Authelet, City Clerk STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO ) ss. CITY OF CHULA VISTA ) 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 regular meeting of the City Council held on the lOth day of Septem ber, 1996. Executed this lOth day of September, 1996. Beverly A. Authelet, City Clerk 7-7 aTY OF CHULA VISTA California Healthy Cities Renewal Application SUMMARY OF PROGRESS TO DATE A. State the project'sfocusfor the previous program year and restate major goals and objectives. The project's primaI)' focus has bee;} the recruitment and training of youth to produce a youth newspaper that provides a communication medium for youth of the community. Goal Statement: To increase youth involvement and participation in positive and healthy activities in the City of Chula Vista by informing youth through articles and published information about social and health issues. Objectives: 1. By August 31, 1996, at least 10 youth, age 15-18, will produce six issues of the publication to distribute to at least five thousand readers. 2. By August 31, 1996, 50% or more of the youth publication's readers will report they have increased their knowledge and awareness. The areas of the increase include: information on relevant health and social issues, available progrnn1S and activities, and current events, and have changed their attitude toward their general health because of the youth publication. 3. By August 31, 1996,20% or more of the youth publication's readers surveyed will report they have changed their behavior, or intend to change their behavior. This change or intent to change will be due to the information on relevant health and social issues, available progr3D1S and activities, and current events contained in the youth publication. B. State the progress made toward meeting goals and objectives for the previous program year. 1. 27 youth produced all six issues of lnfiniti Magazine. Twenty-nine thousand (29,600) copies, at an average of 4,933 copies per issues, were distributed. At a conservative average of two readers per magazine, we estin1ate a readership of approximately fifty-nine thousand six hundred (59,600). Distribution sites included: 15 junior/middle and high schools, colleges, youth serving agencies, and businesses. 2. As of July 31,1996,475 surveys have been completed. The respondents taking the survey ranged in age trom 12 - 19 years of age and were in grade levels ranging trom 7th to 12th grade. Approximately 54% were male and 46% female. Their individual ethnicities are as follows: 10% Anglo, 69% Latino, 2% Native American, 7% Black, II % Asian, and 1% indicated Other. At this time the survey consultant has not completed all the analysis and computations of the surveys. The project is not able to infer any results of increased knowledge regarding information on relevant health and social issues, available programs and activities, and current events without the full report and analysis. (JOB: Hellthy Cities Project - RenewaI.96) 7-5 City of Chula Vista 3. As stated above, as of July 31, 1996,475 surveys have been completed. The respondents taking the survey ranged in age nom 12 - 19 years of age and were in grade levels ranging nom 7th to 12th grade. Approximately 54% were male and 46% female. Their individual ethnicities are as follows: 10% Anglo, 69% Latino, 2% Native American, 7% Black, 11% Asian, and 1% indicated Other. At this time the survey consultant has not completed all the analysis and computations of the surveys. The project is not able to infer any results of behavior change or intent to change at this time without the full report and analysis. The survey consultant will complete the survey analysis and final report by September IS, 1996. At that time a copy of the report will be sent to California Healthy Cities Project staff. The survey data and report will be distributed to the Steering Committee members, Cit) Staff, and area community organizations. C. State the problem areas, what was done, or will be done, to address these areas. No significant problems occurred this year. However, minimal access to computers continues to be a challenge. in addition, San Diego Hoy, a local Latino publication, closed business operations. Initially, this was a setback, but two San Diego Hoy staff members committed themselves to continue technical support and mentoring for the project. At this time the project cannot measure the success of reaching the outcome objective. The survey was given to 475 respondents, however, the analysis and report are not complete. The survey contractor was married during the latter part of the project year, which has delayed the release of the report. Results inferring changes in behavior and/or knowledge cannot be inferred. The full survey report will be complete September 15, 1996. At that time staffwill forward a copy to California Healthy Cities Project Staff. What will be done to address these problems in the next program year? These problems will continue to be addressed by generating additional inkind support in the form of computers. Inkind support will be solicited ITom local businesses and service clubs. D. Give a general assessment about how successful the project was in achieving the desired outcomes. Generally, the project has been successful in completing the process objectives. However, due to the delay in the survey report, we cannot accurately detennine the outcome objectives. We anticipate receiving the survey report by September IS, 1996. The report will be distributed to the Steering Committee members, City staff, and other interested parties. A copy of the survey report will be sent to California Healthy Cities Project staff. All the issues of Injiniti Magazine were printed and the numbers distributed doubled in the second year. The number of copies printed, per issue,jumped ITom 4750 to 5075, with a per average issue count of 4,933. The number of distribution sites rose, ITom 32, to 54 different locations. Sites have included local middle and high schools, colleges, area businesses, youth serving agencies, libraries, and police stations to name a few. From September 1995 through July 1996, four classes of the KIDZBIZ training program were completed with 160 participants. As expected, some youth dropped out during the course; by the end of the training, twenty-five of the youth graduated and moved onto the business area of Injiniti Magazine. Thirty additional youth have helped in the layout and production of infiniti Magazine. One to seven youth writers has contributed articles and/or artwork for each issue. (JGB: Hellthy cmc. Project. Rennv8l96] 2 7 7 City of Chula Vista Along with layout and advertising work, youth-staff compiled a distribution plan. Youth decided to concentrate on Chula Vista, National City, Otay and San Ysidro areas of the South Bay. After surveying areas with a high volmne of youth, youth-staff met with designated contact people at each distribution point. The contact enabled staff members to get comments about the circulation of the Injiniti Magazine. Contact people give information regarding the number of youth frequenting the area, the popularity of the newspaper, seasonal nature or customers, and possible suggestions for other distribution points. With that information available, youth make changes in the amount and placement of successive issues. Contact people are still used to monitor circulation, but distribution of most of each issue is constant. Obtaining advertising required much time and effort, but having a hard copy of the Injiniti Magazine made the job of selling a bit easier. Youth have taken several approaches to obtain advertising including: presentations, cold-calling, canvassing local businesses. Before each issue, youth discuss possible topics and sources of information. The change in format, from black and white to full color, was appealing to advertisers and readers. The youth oriented businesses and the youth, are responding favorably to the new format. Advertising revenues support most of the printing costs and continue to increase. Twenty-three different businesses have purchased advertising to cover 60% to 75% of the advertising cost. Those youth involved directly with the production of the newspaper have developed skills to communicate with their peers, and adults. They have learned a great deal as business people through their successes and failures in the project The process of trial and error in such an innovative project has taught them the need for flexibility. The Steering Committee will continue to meet informally to guide Injiniti Magazine. Regular progress reports and updates are shared at the monthly Youth Coalition and Chula Vista Cluster Coordinating Council meetings. City staff provide regular updates to the City Manager, City Council members, and the Mayor. New members have joined the Committee to better represent the community and programs within the community. Description of the topical issues included in the magazine: . Environment . Runaway and Homeless youth . HIV/AlDS . Self-esteem . Literacy . Social Services . Peer Educators . Sports . Pollution . Teen Pregnancy . Rape . Tobacco . Violence '7 /l/ IJGB: HeUthy cme. Project. RencwaI..96) 3 City of Chula Vista PROPOSED PROJECf NARRATIVE Proposed Project: Based on the success of the first and second year's project, the Parks and Recreation Department has been invited to file an extension proposal for a third year of funding. Upon recommendations from the California Healthy Cities' staff, the community was encouraged to develop a new project. Following research and discussion with community members, the Steering Committee decided to focus efforts on a community garden project. In consultation with the Steering Committee, the proposed project will establish a community-school-based garden project and after-school playground garden activities. Under the guidance of the City of Chula Vista Parks and Recreation Department adults, youth, and children will be exposed to enhanced nutritional information and direct food production techniques. Chula Vista, previously an agriculture community and center of the nation's lemon industry, lacks a community garden. The community garden would involve students, parents, teachers, and community volunteers. Participants would help in the design and planning of the garden, soliciting inkind donations from local businesses, developing a produce distribution plan, and developing long range goals for sustainability of the community garden. Following establislunent of the community-school garden, after-school playground garden activities would begin at Discovel)' and Lauderbach ElementaIy Schools. Principals at both sites have committed space to develop the gardens. The after-school gardens are a way for youth to focus their energy into positive and productive avenues. To gain the broad base of support necessary for a project of this stature, staff approached the Chula Vista Cluster Coordinating Council (CVCCC). The CVCCC is a representation of 41 different community agencies and includes many parents and community members. The Parks and Recreation Department is a founding partner in the CVCCC and has an excellent working relationship with the other member organizations. The Department has coIlaborated with the CVCCC in projects including: the After-School Playground Program, Late-Night Program, and Special Events. The CVCCC proposes space for the garden to be at Vista Square ElementaIy School, the heart of the CVCCC and surrounding community. The project will establish a community-school-based garden project and after-school playground garden activities and curriculums. This will be done in collaboration with the Chula Vista Parks and Recreation Department, Chula Vista Cluster Coordinating Council, Chula Vista Elementary School District, Chula Vista Youth Coalition, and University of California Cooperative Extension - San Diego County 4-H Programs. Facets of both programs would include: soil preparation, composting, beneficial insects, low-water irrigation, food preparation and cooking classes, biology, chemistry, nutrition education and distribution strategies. Children, youth, and adults would be exposed to enhanced nutritional information, food preparation techniques, and direct food production. Community volunteers and Master Gardeners, from the University of California's Cooperative Extension Home and Farm Advisors program, will mentor youth in proper soil ph. levels, the use of beneficial insects as an alternative to pesticide use, tilling the soil, constructing fences and raised beds, and installing a water-efficient irrigation system. Youth participants will help in the design, construction, and planting of the garden. In addition, the youth will help develop a marketing plan to solicit inkind donations from local businesses. Teachers will have access to classroom curriculum and lesson plans to enhance the youth's experience and to use the garden project as a learning tool. [JGB:HOIlthyCiticsProject.~ 4 7-// City of Chula Vista The Steering Committee and Garden Project Sub-Committee members anticipate the pursuit of additional funding sources to enhance and provide a more comprehensive program. One possibility the Committees are excited about is developing a proposal for the Food For All Program. The Committee Members believe that developing a comprehensive strategy toward food security is vital to the communities and neighborhoods. In pursing the Food For All Program funds, the development of outreach farmers markets, WIC coupon voucher redemption, truck gardening, and employment training in agriculture have been discussed. Other potential funding and support opportunities may include: Captain Planet Foundation grants, Otay Water District and Sweetwater Water Authority mini-grants, California Nurserymen's Association funding, and Chula Vista Elementary and Sweetwater Union High School Districts committing part of their discretionary funds toward the development of additional curriculwr~ and training for pupils. The overall goal is to enhanoe the daily diet and nutritional intake for the residents of Chula Vista. Additionally, it is hoped to improve the ability of low-income residents to become self-sufficient, have an increased environmental awareness, have more infonnation regarding nutrition and food nutrients, and improve their quality of life. Through the CVCCC's BEACON Family Resource Center, participants will have the opportunity to enhanoe their job and employment skills, literacy education, completion of a GED or diploma, and many other self-esteem enhancing activities. Additionally, the Center will be the location for the distribution of produoe grown in the community-school garden. Through involvement with the garden project, community members and youth will recognize the importanoe nutrition and environmental issues have and the impact those issues have on their lives and the lives of their children. The Garden Committee anticipates using a tally of the number of community members receiving produoe as the evaluation prooess. Initially, the produoe grown will be distributed bi-weekly or monthly, depending on the yield. As the garden progresses and matures, it may be necessary to distribute the produce weekly. The distribution point will be the BEACON Family Resource Center, located on the campus of Vista Square Elementary School. The produoe grown in the After-School Playground Programs will be sent home with the youth and volunteers at each site. A log will be kept to determine the total number of produce recipients. Classroom teachers using the new agriculture and nutrition curriculums will test the youth before they beginning the lessons. When the curriculum and lesson plans are complete, the teachers will test the same students to determine the amount of agriculture and nutrition infonnation learned. Through the course of the project, the Steering Committee and the Garden Project Committee will investigate additional strategies and policies for enhancing the nutritional needs of Chula Vista Residents. The Committees will interact with the Mayor and City Council to determine the possibility and feasibility of establishing a Food Policy Council. It may be detennined that the Steering Committee could serve in this capacity with the addition of committee members who are experienced in nutrition, agriculture, or food policy matters. This will be explored and reported upon in the interim and final progress reports. The City's Human Services Coordinator would continue to serve as the project manager, and would be responsible for completing and submitting the required reports to the California Healthy Cities Project. Funds would be disbursed to the appropriate pactaers' agency upon reoeipt of appropriate expense documentation. [JOB: Heelthy Cities Project. RenewaL96J 5 '7 - /.) / /~ City of Chula Vista A. Goal: To meet the nutritional needs of Chula Vista residents including, adults, youths, and children. Objective: By September 31, 1997, the following will occur: . A minimum of 250 families will be provided with fresh produce. In order to support the goal and the objective, the following process objectives have been developed: . Food production and nutrition education will be provided within the community of Chula Vista through a minimum offour (4) courses; . Access to fresh produce for low income children, youth, and families will improve; and . Three (3) community-school-based gardens will be developed and built. The process objectives listed above will serve to enhance the daily diet and nutritional intake for the residents of Chula Vista including, adults, youths, and children. This will be accomplished through involvement with nutrition and creative urban food production activities via existing and new collaboratives. B. Target Population and Participating Sectors The project targets adults, youth, and children in the South Bay area of San Diego. The two primary schools involved, Vista Square Elementary and Chula Vista Junior High serve 1,995 students. These schools serve an urban population that is ethnically, linguistically, and culturally diverse, falls in the lower socioeconomic third of the population, and has a high rate of unemployment. Seventy-five percent of the population are minorities, of which 60% are Hispanic. Sixty percent of the students are eligible for free lunches, and another 2% for reduced fee lunches. Participating Sectors are as follows: . Chula Vista Youth Coalition, including: American Red Cross, Boy Scouts of America, Boys & Girls Club of Chula Vista, Campus Life, Chula Vista Elementary School District, Chula Vista Junior High School - BEACON Family Resource Center, Chula Vista Library, Chula Vista Parks and Recreation, Chula Vista Police Department, Chula Vista Safe Havens Program Planning Group, Chula Vista Youth Commission, Church of the Most Precious Blood, Girls Scouts - San Diego & Imperial Counties, Healthy Starts, June Burnett Institute, San Diego Council of Community Clinics, South Bay Family YMCA, South Bay Community Services, Sweetwater Union High School District, Teen CrisisLine, University ofCalifomia Cooperative Extension 4-H Program; (1GB: HI!IIthy CitieI Projed..Renewal9CiJ 6 0;_)---> / ,--> Cily of Chula Vista . Chula Vista Cluster Coordinating Council (CVCCC), including: American Red Cross, BEACON Family Resource Center, Boys and Girls Club, Downtown Business Association, Chula Vista Human Services Council, Chula Vista Elementary School District, Chula Vista High School, Chula Vista Literacy Team, Chula Vista Police Department, Chula Vista Parks and Recreation, Community Health Group, Deaf Community Services, Department of Health Services, Employment Development Department, Episcopal Community Services-Head Start, Even Start, Feaster Elementary School, First Baptist Church, Goodwill Industries, Haborside ElementaIy School, Home Together, MAAC Project, Mueller ElementaIy School, Parent Representatives, Otay Community Clinic, Rice Elementary School, Rohr Elementary School, San Die60 Council of Community Clinics, Salvation Army, Universily of California Cooperative Extension -4-H, South Bay Community Services, Sweetwater Union High School District, Vista Hill Behavioral Health Center, Vista Square Elementary School, YMCA; . Chula Vista Elementary School District; · Chula Vista Parks and Recreation Department; and · University of California Cooperative Extension - San Diego County 4-H Program C. Creative or innovative approaches The entire idea of urban gardening is a creative and innovative approach by itself The project will enhance the daj(y diet and nutritional intake for the residents of Chula Vista. Additionally, the project will expose residents to food production ideas and activities. This will be achieved through the collaborative efforts of the agencies listed in Section B. In researching garden projects and collaboratives, staff received infonnation and consultation from project staff of the cities of Berkeley and Escondido. The infonnation proved useful, with some modification, in developing key activities. D. Anticipated Outcomes The anticipated outcomes are related to the goals of the project. From the establishment of a community-school garden and after-school playground gardens include: 1. An increase in knowledge about food production and nutrition. 2. An increase in community volunteers and commitment to a healthy lifestyle. 3. An increase in classrooms using food production and nutrition curriculums. (JGB: Haith)' Cities Project . RciMwIl.96] 7 7 )L/ City of Chula Vista E. Evaluation The effects and progress of the garden activities will be evaluated throughout the entire project. The process evaluation will determine the following: The total nwnber of adult, youth, and child participants involved with the garden; Tbe nwnber of total volunteer hours; The varieties of produce grown will be counted to determine produce yields and the amounts produced; Inkind donations and contributions will be recorded and tracked. In addition to the process evaluation, the outcome evaluation will determine the overall success of the project. In order to establish the success of the goal, the total nwnber of community members and families receiving fresh produce grown in the school-community-based gardens will be Monitored and logged throughout the project. F. Share information Curriculum, gardening techniques, xeriscaping and low-water usage, and recipes are some of the information that will be shared with interested parties. That may include: The community at large, Chula Vista Cluster Coordinating Council, Chula Vista Elementary School District, Chula Vista Tobacco Education Project, Chula Vista Youth Coalition Agencies, City Departments, the Mayor and the City Council. Additionally, flyers, lesson plans, curriculum, key activities, and other information will be shared with other interested communities and cities. [JOB: HOIIthy CiDes Project. RenewaL%] 8 I~ ,..--- / - //7 City of Chula Vista PROJECT WORKPLAN 1996 - 1997 Goal Statement: To meet the nutritional needs of Chula Vista residents including, adults, youths, and children. Objective: By September 30, 1997, the following will occur: . A minimum of 250 families will be provided with fresh produce. 10 order to support the goal and the objective, the following process objectives have been developed: . Food production and nntrition education will be provided within the community of Chula Vista through a minimum offour (4) courses; . Access to fresh produce for low income children, youth, and families will improve; and . Three (3) community-school-based gardens will be developed and built. The process objectives listed above will serve to enbance the daily diet and nutritional intake for the residents of Chula Vista including, adults, youths, and children. This will be accomplished through involvement with nutrition and creative urban food production activities via existing and new collaboratives. Year 2000 Objectives: (Objective 2.6) To increase complex carbohydrate and fiber-containing foods in the diets of adults to five (5) or more daily servings for vegetables including legumes and fruits, and to six (6) or more daily servings for grain products. [JGB;HellthyCibcsProjcet-RenewaJ.96) 9 7~/! City of Chula Vista Key Activities GARDEN DATES 1. The Steering Conunittee and Garden Project Sub-Conunittee October 1996 - members, teachers, City staff, and the Community Garden December 1996 Coordinator will recruit experts to advise, teach, and educate children, youth, and families. 2. The Steering Conunittee and Garden Project Sub-Committee October 1996- members, teachers, City staff, and the Community Garden December 1996 Coordinator will solicit in-kind donations. These may include: fencing, lumber, and irrigation materials. Those items not acquired via in-kind donations will be purchased. 3. Youth, children, family and community volunteers will build October 1996 - raised beds. The plans for the beds will be developed with the December 1996 Garden Project Sub-Committee. 4. The Steering Conunittee and Garden Project Sub-Conunittee October 1996 - members, teachers, City staff, and the Community Garden December 1996 Coordinator will solicit top soil, compost, amendments, and mulch as in-kind donations. Those items not acquired via in- kind donations will be ourchased. 5. Children, youth, families, and community members will plant October 1996 - and care for the seeds and seedlings. December 1996 6. Maintenance, weeding, fertilizing, watering, and pest control December 1996 - will be done regularly under the direction of the Community September 1997 Garden Coordinator, after-school playground staff, and the teachers involved in the oroiect. 7. Distribution of fruits, vegetables, and herbs produced will be December 1996 - done weekly. This will be done under the direction of the September 1997 Community Garden Coordinator, after-school playground staff, and the teachers involved in the oroiect. 8. Develop decision making group/policy/board for ongoing December 1996 - garden activities and sustainabilitv. September 1997 11GB: HaIIhy Cities Project. Renewal.96) 10 7 - / ~) ( City of Chula Vista Key Activities LESSON PLANS/CURRICULUM/ACTIVITIES DATES 1. Research current lesson plan/curriculwnlactivity options. October 1996 . November 1996 2. Order materials, supplies, and books. October 1996 - November 1996 3. Begin new component of after-school program activities. October 1996 - December 1996 4. Teachers incorporate curriculums and activities into classroom October 1996 - lesson plans. September 1997 5. Teachers develop and carty out the tests/surveys before and October 1996 - after the use of the curriculum. September 1997 CHILD, YOUTH, AND ADULT INVOLVEMENT DATES 1. Develop job description for Community Garden Coordinator at October 1996 - Vista SQuare. November 1996 2. Nominate individuals and/or advertise for Coordinator position. October 1996 3. Interview candidates. October 1996 - December 1996 4. Hire Coordinator. December 1996 5. Offer nutrition, cooking, and gardening classes. December 1996 - Seotember 1997 6. Track and monitor the number of participants, volunteers and December 1996 - total number of their hours. September 1997 11GB: Halttiy Cities Project. Renewal9Ci) 11 '/ (;..-/ /- /0 City of Chula Vista Key Activities STEERING COMMITTEE DATES 1. Meet to discuss progress of project activities. January 1997 2. Meet to discuss efforts and ideas for ongoing projects. May 1997 - June 1997 3. Meet to evaluate the project. September 1997 PROGRAM EV ALVA nON DATES 1. Monitor progress and update necessary information. October 1996 - (Soe Process Evaluation) September 1997 2. Evaluate the program to see how well objectives have been October 1996 - achieved. Sentember 1997 Process Evaluation: Establishment of the gardens; Number of youth involved in the after- school playground site's mini-gardens; Inkind dollar amounts; Sign-in lists from community education classes; Total number of volunteer hours; Number of varieties grown and the amounts produced. Outcome Evaluation: Tbe total number of families receiving fresh produce grown in the school- community-based gardens. [JaB:H~CiliaProjc:ct.R.cnewIl96] 12 7-/9 City of Chula Vista Steering Committee Bartinda1e, Jennifer · (619) 691-5109 Beardsley, Joyce (619) 585-5619 Human Services Coordinator FAX 691-5109 Senior Recreation Supervisor FAX 585-5612 Chula Vista Parks and Recreation Department Chula Vista Parks and Recreation Department 276 Fourth Avenue 276 Fourth Avenue Chula Vista, CA 91910 Chula Vista, CA 91910 Buettner, Mwy Jo · (619) 422-8374 Garcia, Lupe · (619) 427-6954 Project Coorcinator FAX 691-1086 Program Coordinator FAX 427-6954 Healthy Starts Collaboration BEACON Family Resource Center 540 "G" Street 540 "G" Street Chu1a Vista, CA 91910 Chula Vista, CA 91910 Hubbard, Tris (619) 422-8354 Manglallan, Sue · (619) 694-8836 Staff Associate 4-H Youth Development Advisor/ Chula Vista Human Services Council Chula Vista Youth Coalition 313 Windjammer Circle 5555 Overland Avenue, Building 4 Chula Vista, CA 91910 San Diego, CA 92123 Merlino, Gene · (619) 422-1642 Valenzuela, Jess (619) 691-5273 Director Youth Services Director FAX 585-5612 Episcopal Community Services - Head Start Chula Vista Parks and Recreation Department 1637 Third Avenue, Suite 1 276 Fourth Avenue Chula Vista, CA 91911 Chula Vista, CA 91910 Garden Project Committee Members. Davis, Judy. (619) 468-3857 Master Gardener - Composter Post Office Box 698 Jamul, CA 91935 Deichler, Martha · Teacher Vista Square Elementwy (619) 422-9374 FAX 427-1086 Higginson, Robyn · Teacher Vista Square E1ementwy (619) 422-9374 FAX 427-1086 (JOB: Healthy Cities Project. Renewal.96] Felber, Barbara. (619) 427-3184 President, Chula Vista Garden Club 1272 Pecan Place Chula Vista, CA 91911 Roberts, Paula · (619) 420-1413 Public Information, Sweetwater Authority Post Office Box 2328 Chula Vista, CA 91912 Tubiolo, Jan · (619) 670-2290 Otay Water District Representative 13 '----:> / c---- i ri /0 city of Chula Vista PROJECT PARTICIPATION AGREEMENT Requirements of Participation for Program Year ~ppj-pmhpr 1.1 qq/i to I\ngn"j- 11 . 1qq7 As an Active Project Participant, I agree to: tI' Attend Project-sponsored regional meetings; tI' Participate in the evaluation of the Project, both statewide and locally; tI' Share resources, strategies, and experiences with projects in other cities as well as the statewide Project; and tI' Report progress of local activities to the statewide Project, which will require the submission of two progress updates and one final report. (Reporting periods and due dates for progress reports in effect will continue to apply.) :z~;:!; '-u-f~ Date Signed ?".c2/ California Healthy Cities Project Renewal Application Page 14 City of Chula Vista FINANCIAL ASSISTANCE REQUEST Local Project Implementation REQUESTED BUDGI:T ITEM CITY IN-KIND COMMUNITY IN- HEALTHY TOTAL KIND CITIES 1. Human Services Coor. $5,520.00 $0 $0 $5,520.00 2. Garden Project Coor. $0 $0 $1,200.00 $1,200.00 3. Fencinl!: $0 $3,000.00 $1,200.00 $4,200.00 4. Irril!:ation $0 $1,500.00 $800.00 $2,300.00 5. T oolslEauiDment $0 $1,000.00 $2,180.00 $3,180.00 6. Plantinl!: Materials $0 $2,000.00 $1,000.00 $3,000.00 7. Soil and amendments $48,000.00 $4,000.00 $250.00 $52,250.00 8. Curriculum/CoDies $500.00 $250.00 $270.00 $1020.00 9. Traininl!:lMeetinl!:s $150.00 $150.00 $600.00 $900.00 10. T elephonelUtilities $250.00 $1,000.00 $0 $1,250.00 II. Supplies $400.00 $200.00 $0 $600.00 TOTAL $54,820.00 $13,100.00 $7,500.00 $75,420.00 Budget Narrative I. The City's Human Services Coordinator will be responsible for completing and submitting the required reports to the City Council and the California Healthy Cities Project. The Human Services Coordinator may attend necessmy training, seminars and/or conferences. The in-kind contribution is calculated at $21.23 per hour, based upon five (5) hours per week, for 52 weeks of the year. The amount includes all applicable taxes, Medicare, and benefits. 2. The Community Garden Coordinator will receive a stipend of$IOO.OO each month. Members of the Chula Vista Cluster Coordinating Council will nominate the candidate. The ideal candidate will be the parent of a child enrolled at Vista Square Elementary School. The Community Garden Coordinator will oversee the garden on weekends, holidays, and when school is on intersession. This person will help the lead teachers in soliciting and organize inkind materials, supervise youth working in the garden, and monitor the types and amounts of produce grown. In addition, the Community Garden Coordinator will organize the weekly distribution of the produce. (1GB: Healthy CiUes Project. Renewal96] 15 '/ - 7 'j ( _____ C'"'-- City of Chula Vista 3. Fencing will inclose three additional sides of the garden site at Vista Square Elementary School. The fence will be a chain link with post cemented in the ground and will include two gates and one 16' wide equipment/vehicle gate. The cost, $4,000.00, is estimated for 180 linear feet of installed heavy duty chain link fence, per ChuIa Vista Unified Elementary School District's specifications. 4. Inigation and drip systems will be installed for maximum water conservation. This includes pipes, hoses, joints, and other parts of the irrigation system and is based upon a total cost of $2,300.00. 5. Tools will include rakes, shovels, wheel barrels, and small hand tools such as trowels and hand spades. Many tools will be child size for younger children to work in the gardens. Equipment may include: rototiller rental, cement rnixer, or any other needed rentals. The total amount is $3,180.00. 6. Planting Materials will be as seeds, seedlings, and established plants. Most of the $3,000.00 costs for the materials will be community in-kind donations. 7. Soil amendments will enrich the nutrient level of the soil. The amendments may include compost, manure, nitrogen, and other organic materials. The City ofChula Vista will donate at least 50 yards per month of compost and mulch for the three garden sites. The total cost is computated at $40.00 per yard, for a total of$52,250.00 for the project year. 8. CurricuJumlLesson PlanslCopieslPrinting purchased to enhance the lesson plans both in the classrooms and at the playground sites. The $1020.00 cost includes reproduction and printing of the plans and any other materials necessary for the project. 9. A total of $600.00 is requested as part of this application to cover expenses related to attendance and participation in Healthy Cities Project meetings and/or training opportunities by the Human Services Coordinator. This includes the California Healthy Cities Project Annual Conference and City Representative meeting in Spring 1997. Expenses may include: The Annual Conference registration fee, hotel expenses, airfare, mileage, and parlcing expenses. The in-kind contribution from the City and the Community will be $300.00 for this line item. 10. Telephone and Utilities including: electricity, gas, and water, are estimated for a total of $1,2500.00 for the project year. 11. Supplies may include: paper, pens, pencils, staples, clips, and any miscellaneous items. $600.00 is the total estimated cost for the project year. IJGB; HaIIby Cities Project . RenewIl96] 16 7. 7? /" (_--...._) COUNCIL AGENDA STATEMENT Item: Y Meeting Date: 09/17/96 ITEM TITLE: /Y./3L! Resolution Xpproving the 20th Amendment to the Agreement between the City of Chula Vista and the San Diego Unified Port District for grounds and comfort station maintenance SUBMITTED BY: Director of Parks and Re~rf:~~ni'l~g J CitYManager~~ ~\\ (4/5ths Vote: Yes _ No.lU REVIEWED BY: On September 5, 1995, the City Council approved Resolution No. 18022 which authorized the 19th Amendment to an Agreement with the San Diego Unified Port District for grounds and comfort station maintenance at the "J" Street Marina, Bayside Park, and the landscape medians on Tidelands. On May 29,1996, the San Diego Unified Port District approved Resolution No. 96-147 which authorized the 20th Amendment to the Agreement between the City of Chula Vista and the San Diego Unified Port District for grounds and comfort station maintenance at the "J" Street Marina, Bayside Park and landscaped medians of Tidelands Avenue between Sandpiper Way and West "J" Street for 1996/97. The resolution approved an Agreement amount not to exceed $301,000. The Council approved budget for 1996/97 (with Full Cost Recovery) is $314,627. The Department subsequently has submitted a letter to the Port District to request an amendment to the Port District Resolution to reflect the total City request. RECOMMENDATION: That Council adopt the Resolution to approve the 20th Amendment to the Agreement, and authorize the Mayor to execute said Amendment. BOARDS/COMMISSIONS RECOMMENDATION: Not applicable. DISCUSSION: The "J" Street Marina and Bayside Park 1996/97 budget of $239,066 was approved and adopted by Council on June 25, 1996. Staff kept the San Diego Unified Port District apprised of the 1996/97 budget process. There are changes included in this year's contract. First, the Department included the salary adjustments given to the Park Supervisor and Senior Gardener (as included and approved in the CVEA MOU), and secondly, the Equipment Maintenance Account was increased to reflect Fleet Rental Fees assessed this year. The Agreement for 1996/97 provides the same level of maintenance. The base budget for the "J" Street Marina and Bayside Park is $239.066. In addition, there is an administrative overhead charge (Full Cost Recovery) of $75,561. The total contract is $314,627. The Agreement requires the Port District to reimburse the City the approved budget amount on a quarterly basis beginning July I, 1996. [NETWORK-mc-A113-Marina.A13.September 6, 1996] -1- 3"// Item: Meeting Date: 09/17/96 Exhibit "A" of the attached contract includes a comparison of the budgets approved by Council for 1994/95; 1995/96; the 1996/97 budget approved on June 25, 1996; and the Agreement Amendment to cover the 12 month period from July 1, 1996 through June 30, 1997. FISCAL IMPACT: The funds received from the Port District from this Agreement will fully reimburse the City's operating expenditures of $239,066 and administrative overhead of $75,561 budgeted for 1996/97. Attachments: 20th Amendment to the Agreement "A" - Maintenance Budget "B" - J Street/Bayside Park Map [NETWORK-mc-AI13-Marina.A13-September 6, 1996] -2- 8':2 RESOLUTION NO. ;gJ/:lf RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE TWENTIETH AMENDMENT TO THE AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND THE SAN DIEGO UNIFIED PORT DISTRICT FOR GROUNDS AND COMFORT STATION MAINTENANCE WHEREAS, Resolution No. 18022 authorized the 19th Amendment to an Agreement with the San Diego Unified Port District fo.r grounds and comfort station maintenance at "J" Street Marina, Bayside Park, and the landscape medians on Tidelands; and, WHEREAS, the budget for 1996-97 provides the same level of maintenance with an administrative overhead charge of $61,934, which overhead amount is included in the maintenance agreement for a total budget of $301,000; and District amendment WHEREAS, on May 29, approved Resolution to the agreement. 1996, the San Diego Unified Port No. 96-147 which authorized the NOW, THEREFORE, BE IT RESOLVED that the city Council of the City of Chula vista does hereby approve the Twentieth Amendment to an Agreement between the city of Chula vista and the San Diego Unified Port District for grounds and comfort station maintenance at the "J" Street Marina, Bayside Park and adjacent medians in San Diego Unified Port District Property, a copy of which is on file in the office of the city Clerk as Document No. BE IT FURTHER RESOLVED that Mayor of the City of Chula vista be, and he is hereby authorized and directed to execute said A~reement for an on behalf of the City of Chula vista. Presented by Approved as to form by Jess Valenzuela, Director of Parks and Recreation CAv,,--- lei) yytG--C~ Ann Y. Moore, Acting City Attorney C:\rs\20thAMend.jst fr- ~] TWENTIETH AMENDMENT TO AN AGREEMENT BETWEEN THE CITY OF CIRJLA VISTA AND THE SAN DIEGO UNIFIED PORT DISTRICT FOR GROUNDS AND COMFORT STATION MAINTENANCE AT THE 'J' STREET MARINA, BA YSIDE PARK AND ADJACENT MEDIANS IN SAN DIEGO UNIFIED PORT DISTRICT PROPERTY THIS AMENDED AGREEMENT, made and entered into this _ day of , 1996 by and between THE CITY OF CHULA VISTA, a municipal corporation, hereinafter called 'CITY', and THE SAN DIEGO UNIFIED PORT DISTRICT, a political subdivision of the State of California, hereinafter called 'DISTRICT'; WITNESSETH: WHEREAS, the San Diego Unified Port District and the City of Chula Vista executed an agreement for maintenance of Port District property at the "J" Street Marina on September 28, 1977, and WHEREAS, said agreement provided for the extension and amendment of the agreement when mutually consented to by the parties, and WHEREAS, both parties mutually agree to extend said agreement and to expand the maintenance area. NOW, THEREFORE, IT IS MUTUALLY UNDERSTOOD AND AGREED by and between the parties as follows: 1. MAINTENANCE TO BE PROVIDED See attached Exhibit A. 2. AREAS TO BE MAINTAINED See attached Exhibit B. 3. EXCEPTIONS TO DUTIES it is understood and agreed that the cost for maintenance as set forth in Paragraph I of this agreement does not cover materials or labor or repairs of the structures, building or landscaping as a result of major vandalism or destruction from any cause whatsoever. Such repairs or replacement shall be considered to be over and above ordinary maintenance and will be performed by City forces only after approval by the District and actual costs for material and labor involved in such repairs will be billed to the District. Major vandalism shall be defined as anyone-time cost (including material and labor) amounting to more than $500.00. 4. CONSIDERATION In consideration for the City's maintenance of the area defined in attached Exhibit B for fiscal year 199611997, the District shall pay to the City $314,627. Payment is to be made quarterly on July I and October 1, 1996 and January I and April I, 1997. 6/1-( 5. TERM AND TERMINATION The term of this amendment shall be for the fiscal year from July 1, 1996 to and including June 30, 1997, provided, however, either party may terminate this agreement at any time by giving the other party notice in writing sixty (60) days prior to the date of termination. It is further provided that said agreement may be renewed each fiscal year subject to the same sixty (60) day termination provision and subject to mutual agreement between the parties as to the annual consideration to be paid by the District for said services for said fiscal year. In the event that employee salaries have not been established for the fiscal year, the parties agree that the consideration shall be adjusted retroactively from July 1 to the time salaries are established. Said retroactive adjustment shall be effective upon written notice by the Director of Parks and Recreation to the Port District. 6. HOLD HARMLESS District agrees to indemnify and hold harmless the City of Chula Vista against and from any and all damages to property or injuries to or death of any person or persons, including employees or agents of the City, and shall defend, indemnify and hold harmless the City, its officers, agents and employees, from any and all claims, demands, suits, actions or proceedings of any kind or nature, of or by anyone whomsoever, in any way resulting from or arising out of the negligent or intentional acts, errors or omissions of the District or any of its officers, agents, or employees. City agrees to indemnify and hold harmless the San Diego Unified Port District against and from any and all damages to property or injuries to or death of any person or persons, including employees or agents of the District, and shall defend, indemnify and hold harmless the District, its officers, agents and employees, from any and all claims, demands, suits, actions or proceedings of any kind or nature, of or by anyone whomsoever, in any way resulting from or arising out of the negligent or intentional acts, errors or omissions of the City or any of its officers, agents, or employees. 7. INSURANCE A. District shall, throughout the duration of this Agreement maintain comprehensive general liability and property damage insurance covering all operations hereunder of District, its agents and employees including, but not limited to, premises and automobile, with minimum coverage of One million Dollars ($1,000,000) combined single limits. Evidence of such coverage, in the form of a letter indicating self- insurance shall be submitted to the City Clerk at 276 Fourth Avenue. Said Policy or policies shall provide thirty (30)-day written notice to the City Clerk of the City of Chula Vista of cancellation or material change. City shall, throughout the duration of this Agreement maintain comprehensive general liability and property damage insurance covering all operations hereunder of City, its agents and employees including, but not limited to, premises and automobile, with minimum coverage of One Million Dollars ($1,000,000) combined single limits. Evidence of such coverage, in the form of a Certificate of Insurance and Policy Endorsement which names the District as Additional Insured, shall be submitted to the San Diego Unified Port District, P. O. Box 488, San Diego, CA 92112. Said Policy or policies shall provide thirty (30)-day written notice to the San Diego Unified Port District of cancellation or material change. :15' ..--- '7 B. City shall also carry Worker's Compensation insurance in the statutory amount and Employer's Liability coverage in the amount of $500,000; evidence of which is to be furnished to District in the form of Certificate of Insurance. 8. ATIORNEYS FEES In the event of any dispute between the parties, the prevailing party shall recover its attorney fees, and any costs and expenses incurred by reason of such dispute. IN WITNESS WHEREOF, the parties hereto have caused this agreement to be executed the day and year first above written. CITY OF CHULA VISTA SAN DIEGO UNIFIED PORT DISTRICT Mayor of the City of Chula Vista by: Assistant Port Director ATTEST: City Clerk Approved as to form by: Approved as to form by: Anu Moore, Interim City Attorney Joseph D. Patello, Port Attorney f),t I EXHIBIT 'A' MAINTENANCE PROVIDED FOR 'J' STREET MARINA, BAYSIDE PARK, LANDSCAPE LANDSCAPE MEDIANS I.i!MPLOYEESERVI()1>$ 1993.1994 1994--1995 1995'1996 1996'1997 5101 Salaries & Wages $ 111,810 $ 113,860 $ 126,570 $ 134,520 5103 Overtime 1,720 2,180 2,180 2,180 5105 Hourly Wages 11,130 11,130 8,330 10,660 5131 Sick Leave Pay-in-Lieu 390 390 - - 5141 Retirement Contribution 17,310 17,470 19,380 20,810 5142 Employee Benefit Plan 21,090 21,620 22,880 23,480 5143 Medicare Contribution - City 910 930 1,390 1,680 5144 Worker's Compensation - - - - 5145 PARS Contribution - City 420 420 320 400 TOTAL 164,780 168,000 181,050 193,730 II.SUPPLIES & SERVICES 1993'1994 1994..1995 1995-1996 1996--1997 5252 Telephone 220 220 220 440 5253 Trash Collection 5,140 5,140 7,310 8,140 5268 Service to Maintain Other Equip. 390 390 390 370 5269 Equip. Maint.- City Forces 14,740 5,990 8,340 12,570 5281 Laundry & Cleaning Service 660 660 660 660 5298 Other Contractual Services 7,980 7,980 5,280 5,280 5302 Janitorial Supplies 2,200 2,200 2,700 2,700 5304 Wearing Apparel 360 360 760 760 5341 Small Tools 210 210 210 210 5351 Landscape Supplies 7,940 7,940 7,940 7,940 5362 Materials to Maintain Buildings, Street 6,270 6,270 6,270 6,270 & Grounds 5398 Other Equipment - - - - TOTAL 46,110 37,360 40,080 45,340 III, CAPITAL EQUIPMENT 1993-1994 199+1995 1995-1996 1996.1997 5568 Other Equipment - 19,360 - - TOTAL - 19,360 - - IV_AJ)MIN,OVERHEAD 1993-1994 199+1995 1995-1996 1996--1997 BASE BUDGET 210,890 224,720 221,130 239,066 (.56171 X 5101) 87,514 63,960 71,100 75,561 GRAND TOTAL $ 298,404 $ 288,680 $ 292,230 $ 314,627 8- 'I ,"' :ExHIBIT "B" . . . . s,-r;m 0 - . . F .~G iJaAl NICATI - .-. . . I .' '.~ AIHTI.K'...NC& A"EAI . .. . . .' . .t . . . . , . . l . . ,. - . ' 0 -) . - . . ._- .. " : -f o-t=O .1\ . - C1 C !( . .. m :.. Il ~ l~OVI" "'C ,r- . . 0 , , . ~=' m , > 'H SiRE: :; :z 0 . -> . c IU '- .c:. WAY en = E!1 0 . 0 .." 0, m c "0 ..~ . ~Jn - . . .. . .0 . .- < ~, ~ . 0 S; 0' . . .' . . . hC 0 -c . . . 0 ,.. . . . 'S.n' . . 0, 01"0 '.y , . o . . SinEET . MARINA . VtIW - ....RK . . .~. I ' . ., .. . . 1/1S/92 Tm.I ' S.D. UNIFIED PORT DISTRICT MAINTENANCE AGREEMENT DMWN IY MF.s - ~"n ," :.l" . g>s:' COUNCIL AGENDA STATEMENT Item1 Meeting Date 9/17/96 ITEM TITLE: f- -'7 ,.---- Resolution /Z 2 _J D~laring City's intention to hold a public hearing to ascertain whether to underground overhead utilities along Otay Lakes Road from Ridgeback Road to Apache Drive and setting a public hearing for the formation of Utility Underground District Number 129 for October 22, 1996 at 6:00 p.m. SUBMITTED BY: Director of Public Works (4/5ths Vote: Yes_NoX) REVIEWED BY: On November 12, 1991, the City Council approved Resolution No. 16415 accepting a report on the City's Utility Undergrounding Conversion Program and approving a revised list of utility underground conversion projects. The subject section of Otay Lakes Road was ranked as the eleventh utility conversion project in the City's adopted program. Proposed construction work to widen the intersection in FY 1996/97 has also improved the project's priority point rating, making the subject street section a top priority. In addition, the installation of SDG&E's "Pipeline 2000" is just being completed along this segment of Otay Lakes Road. It's staff's goal to coordinate all the work in the area, (SDG&E's Pipeline 2000, street widening, and this utility undergrounding project) in order to minimize disruption to the public. To achieve that goal, this district is necessary. On August 14, 1996, an Underground Utility Advisory Committee (UUAC) meeting was held at the site to determine the proposed boundary of an underground utility district for the conversion of existing overhead utilities. The proposed boundary is shown on attached Exhibit A. The district's limits extend along Otay Lakes Road from Ridgeback Road to Apache Drive. RECOMMENDATION: That Council approve the resolution declaring the City's intention to underground overhead utilities along Otay Lakes Road from Ridgeback Road to Apache Drive and setting a public hearing for the formation of Utility Underground District Number 129 for October 22, 1996 at 6:00 p.m. BOARDS/COMMISSIONS RECOMMENDATION: Not applicable. DISCUSSION: The Underground Utility Advisory Committee (UUAC) consisting of representatives of SDG&E, Pacific Bell, Cox Communications, Chula Vista Cable and the City agreed to propose to the City Council the formation of a utility undergrounding district for the conversion of overhead utilities along Otay Lakes Road from Ridgeback Road to Apache Drive in connection with the proposed widening of Otay Lakes Road during FY 1996/97. The proposed utility undergrounding district along Otay Lakes Road is about 4,000 feet long running from Ridgeback Road to Apache Drive 9~/ Page 2, Item--L Meeting Date 9/17/96 (See Exhibit A). The estimated cost for undergrounding the utilities is $616,900. North and south of the proposed district, undergrounding of overhead utilities has been completed. The Average Daily Traffic (ADT) count on Otay Lakes Road from Ridgeback Road to Apache Drive varies between 18,000 and 21,000. Staff recommends the formation of this conversion district along this section of Otay Lakes Road because: I. Otay Lakes Road is a major north/south thoroughfare in the eastern portion of Chula Vista. The undergrounding of existing overhead utilities will contribute to the creation of an aesthetically pleasing major street. 2. The subject section of Otay Lakes Road is classified in the General Plan's Circulation Element as a six-lane prime arterial and is designated as a Scenic Highway. 3. Undergrounding of 12 KV lines, telephone and cable TV, has been completed on Otay Lakes Road north of Ridge back Road and south of Apache Drive, thus making the proposed district a closing link between previously undergrounded facilities. There remains 69 KV lines on Otay Lakes Road north of the SDG&E easement. 4. The proposed widening and reconstruction along portions of Otay Lakes Road between Ridgeback Road and Apache Drive significantly increased the ranking of the subject street section in the City's adopted utility conversion program, thus making it a priority project. The project is in the City's CIP Program as project STM-322; Otay Lakes Road north and south of East "H" Street to be constructed in FY 1996/97. In addition, the installation of SDG&E's "Pipeline 2000" is just being completed. Section 15.32.130 of the Chula Vista Municipal Code requires the City Council to set a public hearing to determine whether the public health, safety, and general welfare requires the under- grounding of existing overhead utilities within designated areas of the City to give persons the opportunity to speak in favor of or against the formation of a proposed district to underground utilities. The purpose of forming the district is to require the utility companies to underground all overhead lines and to remove all existing wooden utility poles within the District and to require property owners to convert their service connections to underground. The conversion work by the property owners involves trenching, backfill and conduit installation from property line to point of connection. Chula Vista City Council Policy No. 585-1 established a mechanism that helps property owners with the cost of the conversion work (involving electrical service) from the distribution lines to the structure. Said policy provides for the reimbursement of property owners at a rate of $30 per foot of trenching which is normally sufficient to cover total costs. Exhibit B lists all 9 affected properties, including the 5 properties being reimbursed a total of$6,900. Regarding the 4 properties, which already receive underground electrical service, Bonita Vista High School and one homeowner are responsible for the trenchwork involved in the ;; -~ Page 3, ItemL Meeting Date 9/17/96 conversion oftheir cable service and the City is responsible for the trenchwork and placement of telephone conduit for the fire station's conversion. The fourth property is currently not receiving cable service. The City's cost to convert the fire station's telephone and cable services is estimated to be $1,100 bringing the overall estimated cost of conversion to $618,000. Approval of this resolution will set a public hearing to be held during the City Council meeting of October 22, 1996 at 6:00 p.m., in accordance with Section 15.32.130 of the Municipal Code for the formation of this district. Section 15.32.140 of the City Code requires the City Clerk to notify all affected persons and each utility company of the time and place of the public hearing at least 15 days prior to the date of the public hearing. Notice is to be given by mail to all property owners and occupants of property located within the boundaries of the proposed district. The City Clerk is required by said section of the Code to publish the Resolution of Intention, setting the public hearing in the local newspaper no less than five days prior to the date of the public hearing. FISCAL IMP ACT: The cost of pole removal, undergrounding overhead facilities and private property conversion reimbursements as outlined above is estimated to be $616,900. SDG&E's allocation funds (Rule 20-A) will cover the estimated cost of the project. The City's cost to convert the fire station's telephone and cable services is estimated to be $1,100. It is staffs intention to include this cost in the street improvement project. Attachment: Exhibit A - Boundary Map Exhibit B - Reimbursement Schedule SMN: File No: 0810-20-A Y098 (M:IHOMEIENGlNEERIAGENDA IUUD129.DCD) 9-:) RESOLUTION NO. / 5r 1/ 3-5' RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA DECLARING CITY'S INTENTION TO HOLD A PUBLIC HEARING TO ASCERTAIN WHETHER TO UNDERGROUND OVERHEAD UTILITIES ALONG OTAY LAKES ROAD FROM RIDGEBACK ROAD TO APACHE DRIVE AND SETTING SAID PUBLIC HEARING FOR THE FORMATION OF UTILITY UNDERGROUND DISTRICT NUMBER 129 FOR OCTOBER 22, 1996 AT 6:00 P.M. WHEREAS, Chapter 15.32 of the Chula vista Municipal Code establishes a procedure for the creation of underground utility districts and requires as the initial step in such procedure the holding of a public hearing to ascertain whether public necessity, health, safety, or welfare requires the removal of poles, overhead wires and associated overhead structures and the underground installation of wires and facilities for supplying electric, communication, or similar or associated service in any such district; and WHEREAS, on August 14, 1996, an Underground utility Advisory Committee (UUAC) meeting was held at the site to determine the proposed boundary of an underground utility district for the conversion of existing overhead utilities along Otay Lakes Road from Ridgeback Road to Apace Drive; and WHEREAS, it has been recommended that such an underground utility district, hereinafter called "District", be formed. NOW, THEREFORE, BE IT RESOLVED by the city Council of the City of Chula vista as follows: 1. NOTICE IS HEREBY GIVEN that a public hearing will be held in the Council Chambers of the City of Chula vista at 276 Fourth Avenue in said City on Tuesday, the 22nd day of October, 1996, at the hour of 6:00 p.m., to ascertain whether the public necessity, health, safety or welfare requires the removal of poles, overhead wires and associated overhead structures and the underground installation of wires and facilities for supplying electric, communication, or similar associated service in the District hereinabove described. At such hearing, all persons interested shall be given an opportunity to be heard. Said hearing may be continued from time to time as may be determined by the City Council. 2. The City Clerk shall notify all affected property owners as shown on the last equalized assessment roll and utilities concerned of the time and place of such hearing by mailing a copy of this resolution to such property owners and utilities concerned at least fifteen (15) days prior to the date thereof. 1 9-t/ 3. The area proposed to be included in the District is as shown on Exhibit A attached hereto and made a part hereof by reference. 4. The City Clerk is hereby directed to publish this Resolution of Intention, setting the public hearing, in the local newspaper no less than five days prior to the date of the public hearing. Presented by Approved as to form by John P. Lippitt, Director of Public Works ~ If ~'h.5L Ann Y. Moore, Acting City Attorney c: \rs\uudph.129 2 C]~C / ~ . w "" . > . . ~ - - - 0 - ~ z a: - - Q .... - - - ~ Q ... . Q) . ~-~- Z W . Q) . '5 :;) :c ~ - . ~~ (/) - 0 <.J - 0 - a: <C - - % C7 - a. . . a: <C . . w - ~ . ~ C 0 - - I-- Z - .... - . ~ :;) . 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Q" en ~E - a: . u <t - . ~ . o. :! en . x :@) ~: W . w . > ~ . . SeE> "~n a: <t . . <t ~j . Q ~ . . : >0 . tlJ . Z > . . ...J: @ . :) :0 . <to . 8~ . 0 . ...J I- >0: ~ ~ <= ...J <( 0 0 c e...: u a:z W;j 0: COo . ~CD . . . ::I~ :6) . . . Zu ~ . . ..J.~ . . ~ ~ . . w~ . e Uti) ~ a:- - =8 . <(0 < g . . . ~c :~ . tlJ - . ~w .. 00 . . e... uti) >- 0 :u. . . ~ ~~ co .... Oo' . . ~o . . z . . . . -a: .. . . o~ ~ w . . ::c . . l- . . . . e... <( . . a: := . ::J C . C . . 0 .. . .. .. tI:I .. .. . .. . . Cj-1 EXHIBIT " B " CHULA VISTA UTILITY UNDERGROUNDING DISTRICT NO. 129 o T A Y LAKES R 0 A 0 8/29/96 BETWEEN RIDGEBACK ROAD AND APACHE DRIVE (Tax APN Info - 8 I 8 I 96) REIMBURSMENT SCHEDULE Page ================================================================================================================================== DIST. PAR NO. BUSINESSINAME UTlLIT I ES TO BE UNDERGROUNDED LENGTH OF TRENCH REIMBURSEMENT AMOUNT OWNER'S NAMEI CIO SITE ADDRESS APN ADORESSI CITY, STATE, ZIP . ================================================================================================================================== Fire Station 64218001 861 Otay Lakes Road $0 City of Chula Vista c/o City Manager T C 276 Fourth Ave. Chula Vista, CA 91910 $0 Jose & Cecilia Vazquez --------------------------.-+------------------------------------------------------------------------------------_.+-------------- 2 S. F. Home 64211001 871 Otay lakes Road C 871 Otay Lakes Road Chula Vista, CA 91913 $0 Belo Family Trust ---------------------------------------------------------------------------------------------------------------------------------- 3 S. F. Home 64211002 875 Otay Lakes Road C 3246 Orchard Hill Road Bonita, CA 91902 60 Mario & Margarete Failla --------------------------------------------------------------------------------------------------------------.------------------- 4 S. F. Home 64211003 879 Otay Lakes Road $1,800 E C 879 Otay Lakes Road Chula Vista, CA 91913 40 Carlos & Carmen Valencia ---------------------------------------------------------------------------------------------------------------------------------- 5 S. F. Home 64211004 883 Otay Lakes Road $1,200 E C 883 Otay Lakes Road Chula Vista, CA 91913 40 Joseph & Elizabeth Bonin ----------------------------.----------------------------------------------------------------------------------------------------- 6 S. F. Home 64211005 887 Otay lakes Road $1,200 E C 887 Otay lakes Road Chula Vista, CA 91913 55 Urban & Veronica Jones ---------------------------------------------------------------------------------------------------------------------------------- 7 S. F. Home 64211006 891 Otay Lakes Road $1,650 E C 891 Otay Lakes Road Chula Vista, CA 91913 35 Jesus Trejo ---------------------------------------------------------------------------------------------------------------------------------- 8 s. F. Home 64211007 895 Otay Lakes Road $1,050 E C 226 East Naples Street Chula Vista, CA 91911 $0 ---------------------------------------------------------------------------------------------------------------------------------- 9 Bonita Vista H. S 59413028 751 Otay Lakes Road C Sweetwater Union High School District 1130 Fifth Avenue Chula Vista, CA 91911 ---------------------------..----------------------------------------------------------------------------------------------------- ---- ---------------------------------------------------------------------------------------------------------------------------------- ---------------------------------------------------------------------------------------------------------------------------------- ---- 5 PARCELS TO BE REIMBURSED A TOTAL OF $6,900 FOR 230 FEET OF TRENCHING. ---- ---- ------------------------------------------------------------------------------------------------------------ ------------------------------------------------------------------------------------------------------------ ------------------------------------------------------------------------------------------------------------ ------------------------------------------------------------------------------------------------------------ ." E Electrical Service ." T Telephone Service ." C Cable Servi ce (M:\UUDist\BrdwyC-E\.DIST-PAR.R1-P) 9~~ ITEM TITLE: SUBMITTED BY: REVIEWED BY: COUNCIL AGENDA STATEMENT Item /?' Meeting Date 9/17/96 REPORT; Request for Release of Trip Deferral Agreement, Rancho del Rey Sectional Planning Area (SPA) III Neighborhoods R-6 and R-7 - Rancho del Rey Investors, L.P. Resolution / 8'~..5 .Kpproving the First Amendment to the Trip Deferral Agreement for Rancho del Rey SPA III Neighborhoods R-6 and R-7, authorizing the Mayor to execute same; Approving the final form of the associated Release of Trip Deferral Agreement, and authorizing the City Manager to execute said Release. ~~ Director of Planning lt1 Director of Publk Wor s, )y' . City Manager 0([ bj,t J.,c: 1 (4/5ths Vote: Yes_No.1U fJ . --? Pursuant to conditions of approval for the Rancho del Rey Commercial Center, the City and Rancho del Rey Partnership executed a Trip Deferral Agreement ("Agreement") in June, 1993. The Agreement was intended to assure that the project complied with EIR traffk mitigations and City threshold standards, prior to completion of the Interim State Route 125 Facility Feasibility Study which was then underway. The Agreement authorized the City to withhold building permits in select neighborhoods within the SPA III area of Rancho del Rey, and specified several events to occur in order to terminate the Agreement. On July 22, 1996, the City received a letter from Rancho del Rey Investors, L.P. (see Attachment A) stating their position that the Agreement's termination terms have been met, and requesting that the Release of Trip Deferral Agreement ("Release") be executed. RECOMMENDATION: That Council adopt the Resolution whkh (1) approves the first amendment to the Trip Deferral Agreement and authorizes the Mayor to execute on behalf of the City, and (2) approves the final form of the associated Release of Trip Deferral Agreement and authorizes the City Manager to execute on behalf of the City. BOARDS/COMMISSIONS RECOMMENDATION: Not applicable. J6~/ Page 2, Iteml0 Meeting Date 9/17/96 DISCUSSION: 1. Satisfaction of Events to Tenninate the Deferral Agreement- The Trip Deferral Agreement ("Agreement"), paragraph #4 on page 2 of the Agreement (please see Attachment B) indicates that the Agreement shall tenninate on occurrence of the events discussed below. The italicized text states the events as contained in the Agreement, and the indented text presents evidence that the events have occurred. (1) The approval by the City of the final HNTB SR125 Financing Study which indicates that there is sufficient capacity in the system for all currently approved and anticipated development projects,.. The City Council approved the final Interim State Route 125 Facility Feasibility Study ("SR125 Study") in January 1994, which considered all approved and anticipated development in eastern Chula Vista, and indicated that projected growth could be accommodated on the pre-SRl25 arterial street system through approximately the year 2007, depending on the rate of growth. (2) initiation of an impact fee to address the construction of SR-125,.. Based on the final SR125 Study, the City Council established a Transportation Development Impact Fee (DlF) for an interim SR125 facility, which fee became effective on January 1, 1995. (3) approval by the City of the Revised Development Forecast,.. This Revised Development Forecast was initially included with the SR125 Study, and became the basis upon which the Study projected the approximate year (2007) that the SR125 facility would be needed. In addition, the Public Works Department-Engineering Division, has more recently completed further forecast and traffic modeling runs (tenned the "Initial Baseline Forecast") which indicate that sufficient capacity continues to exist on the present arterial street system to accommodate anticipated development in eastern Chula Vista for at least the next 5 years, including the now deferred trips within Rancho del Rey SPA III. On July 23, 1996, staff presented the conclusions of the Initial Baseline Forecast to the City Council, along with some proposed growth management ordinance amendments. Council accepted the infonnation and directed staff to return the ordinance amendments for fonnal public /!/ -;2 Page 3, Iteml.P Meeting Date 9/17/96 hearing adoption. Based on the environmental review schedule, that hearing before the Council is anticipated for November. (4) and approval of any implementing policies related thereto. The only outstanding "implementing policies" which are related to the SR125 Study outcomes indicated above, are the impending growth management ordinance amendments initially reviewed by Council on July 23, 1996. These amendments, however, are mainly focused on establishing mechanisms and procedures to administrate a "first-come, first served" approach to allocating available street system capacity, rather than to determining whether sufficient capacity does or does not exist to warrant releasing the deferral. The determination of sufficient capacity has already been verified by the Revised Development Forecast used in the SR125 Study, and more recently by the results of the Initial Baseline Forecast presented to Council on July 23, 1996. 2. Proposed Amendment to Current Trip Deferral Agreement: Deletion of Release Provision .ffi:... As indicated in the Rancho del Rey Investors, L.P.'s letter (Attachment A), they have been waiting for some time to have the Trip Deferral released based on the City's adoption of the SR125 DIF, and completion of related development forecasts and traffic models (the SR125 Study and the Initial Baseline Forecast) which indicate that sufficient street capacity exists. At the present time, Rancho del Rey Investors, L.P. indicates that continuation of the Deferral is unnecessarily complicating, and potentially jeopardizing land purchase negotiations with guest builders. On July 16, 1996, the City Council approved a Tentative Tract Map for parcel R-7, and staff is also currently reviewing a development proposal for parcel R-6. Staff concurs with the applicant that release provision (4) effectively has no substantive role in further delaying release of the Deferral. The inclusion of release provision #4 in the original Deferral Agreement (June 1993) was largely intended as a "stop-gap" measure, since at the time, the SR125 Study was still underway and there was uncertainty as to the scope and nature of its outcome. In fact, the minutes of the 6/22/93 City Council meeting (see Attachment C) at which the Deferral Agreement was approved, include the City Attorney's statement that the Deferral (the right to withhold permits) would end upon approval and implementation of a financing plan for SR125. As previously indicated, the final SR125 Study was adopted in January 1994, and imposition of the Interim SR125 DIF commenced in January 1995. /t7- .3 Page 4, Item-.l V Meeting Date 9/17/96 Therefore, staff recommends deleting release provision (4) from the Deferral Agreement, so that the required Release of Trip Deferral Agreement (see Exhibit 2 to Resolution) can be promptly executed. In order to avoid any legal technicalities in executing that Release Agreement, staff and the City Attorney's Office is further recommending that a First Amendment to the Deferral Agreement, which deletes release provision #4, be executed prior to executing the Release Agreement. That First Amendment for execution by the Mayor, on behalf of the City, is included as Exhibit I to the Resolution. The final Release Agreement for execution by the City Manager is included as Exhibit 2 to the Resolution. FISCAL IMPACT: None to the City. Potential to Rancho del Rey Investors, L.P. if deferrals are not lifted, as they are presently negotiating "guest builder" purchases on parcels R-6 and R-7 where the deferrals apply. Attachments A. Rancho del Rey Investors. L.P. 7/19/96 letter of request.NO"';;; e,4,JtJGD B. Existing Trip Deferral Agreement and accompanying 6/22/93 Council Agenda Statement and Resolution approving the Deferral Agreement. C. Minute excerpt from the 6/22/93 Council Meeting Nor SeA~~6fJ (m: \home\planning\ed\rdr -trip\rdr -d(t). a13) / JJ~ 'I RESOLUTION NO. J ff'lj J~, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE FIRST AMENDMENT TO THE TRIP DEFERRAL AGREEMENT FOR RANCHO DEL REY SPA III NEIGHBORHOODS R-6 AND R-7, AUTHORIZING THE MAYOR TO EXECUTE SAME; APPROVING THE FINAL FORM OF THE ASSOCIATED RELEASE OF TRIP DEFERRAL AGREEMENT, AND AUTHORIZING THE CITY MANAGER TO EXECUTE SAID RELEASE WHEREAS, the City and Rancho Del Rey Partnership ("Partnership") entered into a Trip Deferral Agreement for Rancho del Rey SPA III Neighborhoods R-6 and R-7 on June 22,1993, which was approved by the City Council under Resolution No. 17145 on June 22, 1993, ("The Original Agreement"), and; WHEREAS, the affected property located within Rancho del Rey SPA III Neighborhoods R-6 and R-7 is further defined in Exhibit A to The Original Agreement ("Property"), and; WHEREAS, the Partnership transferred the Property to Rancho Del Rey Investors, L.P. ("Investors"), and; WHEREAS, section CA of The Original Agreement identified four events to occur as a basis for its termination ("Release Events"), which termination is to occur through the City Manager's execution of the specified Release of Trip Deferral Agreement ("Release Agreement"), and; WHEREAS, on July 22, 1996, the City received a letter from the Investors stating their position that the Release Events have occurred, and requesting that the City execute the Release Agreement, and; WHEREAS, the City, in review of the Release Events has determined that the first three Release Events have occurred, and; WHEREAS, given the demonstration of sufficient capacity in the City's street system as evidenced by occurrence of the first three Release Events, the City, with the Investors concurrence, has further determined that the fourth of the Release Events no longer has a substantive purpose in granting a release, and should be deleted. NOW THEREFORE BE IT RESOLVED that the City Council of the City of Chula Vista does hereby: 1. Approve the First Amendment to the Trip Deferral Agreement for Rancho del Rey SPA III Neighborhoods R-6 and R-7 as presented in Exhibit 1 attached hereto, a copy of which is on file in the office of the City Clerk as Document No. /() ---5' 2. Approve the final fonn of the Release of Trip Deferral Agreement for Rancho del Rey SPA III Neighborhoods R-6 and R-7, as presented in Exhibit 2 attached hereto, which fonn recognizes transfer of the Property from the Partners to the Investors, and a copy of which is on file in the office of the City Clerk as Document No. BE IT FURTHER RESOLVED, that the Mayor is hereby authorized and directed to execute said First Amendment, and the City Manager is hereby authorized and directed to execute said final Release of Trip Deferral Agreement, both on behalf of the City of Chula Vista. Presented by Approved as to fonn by Robert A. Leiter Director of Planning ~ 1!43!c.;f,.e 'Vi- d~~~~,..1_ Ann . oore t1 r;r - - <r Acting City Attorney (M :\HOME\PLANNING\ED\DEVPOL\RDR-DEF. RSO) -2- J~-~/;O-7 EXHIBIT 1 TO RESOLUTION FIRST AMENDMENT TO TRIP DEFERRAL AGREEMENT FOR RANCHO DEL REY SPA III NEIGHBORHOODS R-6 AND R-7 JC-7 FIRST AMENDMENT TO THE TRIP DEFERRAL AGREEMENT FOR RANCHO DEL REY SPA III NEIGHBORHOODS R-6 AND R-7 This First Amendment to the Trip Deferral Agreement for Rancho del Rey SPA III Neighborhoods R-6 and R-7 is made as of September 10, 1996, by and between THE CITY OF CHULA VISTA, a chartered municipal corporation of the State of California ("City"), and Rancho Del Rey Investors, L.P., a California limited partnership ("Investors"), and is made with reference to the following facts: RECITALS WHEREAS, the City and Rancho Del Rey Partnership ("Partnership") entered into a Trip Deferral Agreement for Rancho del Rey SPA III Neighborhoods R-6 and R-7 on June 22, 1993, which was approved by the City Council under Resolution No. 17145 on June 22, 1993, ("The Original Agreement"), and; WHEREAS, the affected property located within Rancho del Rey SPA III Neighborhoods R-6 and R-7 is further defmed in Exhibit A to The Original Agreement ("Property"), and; WHEREAS, the Partnership transferred the Property to the Investors, and; WHEREAS, section C.4 of The Original Agreement identified four events to occur as a basis for its termination ("Release Events"), and; WHEREAS, the City, in review of the Release Events pursuant to the Investors July 22, 1996, written request, has determined that the first three Release Events have occurred as follows: I. The City Council approved the final Interim State Route 125 Facility Feasibility Study ("SRI25 Study") in January 1994; 2. The City Council established a Transportation Development Impact Fee for an interim SR125 facility, which fee became effective January 1, 1995; 3. A Revised Development Forecast was included with the SRI25 Study, and more recently with the Initial Baseline Forecast accepted by the City Council on July 23, 1996; and, WHEREAS, given the demonstration of sufficient capacity in the City's street system as evidenced by the above three Release Events, the Parties fmd that the fourth Release Event no longer has a substantive purpose in granting the release. NOW, THEREFORE, the Parties hereto do hereby agree as follows: -1 of 3- )()-~ EXHIBIT 1 The following portion of The Original Agreement is hereby amended and shall henceforth read as follows, unless further amended in writing by the Parties: CA. The right of the City to withhold residential building permits, as described in this Agreement, shall terminate on the occurrence of the following events: The approval by the City of the final HNTB SR-125 Financing Study which indicates there is sufficient capacity in the 'system for all currently approved and anticipated development projects, initiation of an impact fee to address the construction of SR-125, and approval by City of the Revised Development Forecast. 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. 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: Aim Y. Moore Acting City Attorney -2 of 3- //:-1 DATE: q /1 () /'1 t. (M,\HOME\PLANNlNG\ED\DEVPOL\RDR-AMND.ONE) RANCHO DEL REY INVESTORS, L.P. A California Limited Partnership BY: McMillin Project Services, Inc., a California Corporation, Its attorney-in-fact under a recorded durable power-of-attorney, dated June 199 B Its -3 of 3- /,;9 -IC fO- /J, ....._-_.._----------_._--_.__._~- ~ -~ -~.._, --. S1 ,,~ 4;. . · t/P! I~~LP-- ~ STAlE OF CALIFORNIA. COUNTY OF San Oi~O } }ss. } On Sept. /0 Irf1{, , before me, JtJ,/c.e A. Brock. /Vofary P&//;!ic.., personally appeared (!rttiq -r htKllyama. r -rhOn1ttS A. fUller - . ...... , , personally known to me (Qr I9revea Ie file SA Ilge BMis of :3B.ti3factery eviEloAee) to be the person(s) whose name(s) .i6lare subscribed to the within instrument and acknowledged to me that 1ge/sRc/they executed the same in I9isitrer/their authorized capacity(ies), and that by his/Ref/their signature(s) on the instrument the person(s) or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. Signature ~r If. ~. r;1 ~ {/ D~~-""''''''''~''' _ .ujOVCEABROCic........1 i~ ~~ I . IANDIEGOCCIIIIY - ~ "...~~.~~.3'.'\I97g (This area for official notarial seal) Title of Document ;=;-rsr Amend l'11enT 7"17 ?rip . Date of Document tj 110/ '1' No. of Pages Other signatures not acknowledged t?;tt pr ell" Itl A:.rerra / 3 V;sfo:t,. /f"fre~;ne"'7 v / 11 ~ 1/ 3008 (1194) (General) First Amencan Title tnsur:,"~':' Compa'"1Y EXHIBIT 2 TO RESOLUTION RELEASE OF TRIP DEFERRAL AGREEMENT FOR RANCHO DEL REY SPA III NEIGHBORHOODS R-6 AND R-7 /cf-);l RECORDING REQUESTED BY WHEN RECORDED MAil TO: McMilLIN PROJECT SERVICES, INC. Attention: Mr. Craig Fukuyama 2727 Hoover Avenue National City, California 91950 For Recorder's Use Only RELEASE OF TRIP DEFERRAL AGREEMENT FOR RANCHO DEL REV SPA III NEIGHBORHOODS R-6 AND R-7 This Release, dated for reference purposes only as of , 1 996 is executed by the CITY OF CHUlA VISTA ("City") pursuant to the provisions of the "Trip Deferral Agreement for Rancho Del Rey SPA III Neighborhoods R-6 and R-7" ("Agreement") entered into between City and RANCHO DEL REY PARTNERSHIP ("Partnership"). A. The Agreement was recorded, pursuant to its terms, in the Official Records of San Diego County on July 29, 1993, as document number 1993-0487691, in order to provide notice of certain restrictions on property located within Rancho del Rey SPA III Neighborhoods R-6 and R-7, as further defined by the Agreement and described in Exhibit A attached ("Property"). B. Partnership transferred the Property to RANCHO DEL REY INVESTORS, L.P. ("RDW), and RDR subdivided the Property, which is now legally described as set forth on Exhibit B hereto. C. The City and RDR entered into a First Amendment to the Agreement on September 10, 1996 ("Amended Agreement"), which Amended Agreement specifies certain events which result in the termination of the Amended Agreement, and thus the release of the restrictions placed on the Property. Furthermore, the Agreement specifies that upon the termination of the Agreement, the City shall execute and record a "release" of the Agreement. D. The termination provisions of the Amended Agreement have occurred. NOW THEREFORE, the City hereby releases the Property from the provisions of the Amended Agreement. The Amended Agreement shall have no further force or effect. release /[///3)/0 -Ff 9/4/96 CITY OF CHULA VISTA, a municipal corporation By City Manager STATE OF CALIFORNIA COUNTY OF SAN DIEGO ) ss. ) On , 19 , before me, Notary Public in and for said State, personally appeared personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument, the person(s). or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. Signature (Seal) - /c//' 9/10/96 ~ ~Q:: ~~ o ;c:: f5 d 5 Q Oa:! ~ 0 ~ 01:1 ~ @ "'C~ Ii) Q:: Ii) ~ ~ & it :'I: it ~ C'\I I=:"C'Ii"" ~ I I ~Q::~- I:: ,...110... ~ :;)~o ~Q::~~ ii5~e.s ~~'" ~" .... V) " , " V) ;:~ - j::: ~~t=I ~Cl..R ~O::~ ~~V) <:: ~ ",~lu Cl.:j:::0:: ~Q..,....J ~ii:l.:i ~u<<::l ~~o C<<::l~ ~ <:: ...... I-'<(~ ""~..... ;:;J.....t.... -......0 . .'J::. l- V) ~ I-:.. Q:: ~ (~ ~ ~ "C - it ~ "t ~ it I=:"C'Ii~ ~ I 1'-' ~Q::~"" sa~(Q ~Q::~~ li5~E9 )... )... )... Q:: ~ ~~ ~ d ~~ 0 ... @ o Ii) 01:1 ~ ~ ,,~ Q::Vi ~ ~ ~ "t - ;;r:: ~ a: ~ ._...", .... 10 C\j ..... ..-- \ ~ 160 - \ ;::jQ:CI)..,J l- I:: ~..... "i' Q::. :;) (.) ". ~Q::'I:~,,\ a.: \ ii5~~::) \ ~ \ /} \~ . J ~ \., o ~ Q:: is :>:: ~ ~ ~ i ijj ~ , , , , "'f ..... ~ ~ Vi ~ L&.i ~ c.:I c::i CIS "C ~ o "C -.I @ Vi ~ , I- '. ttl " ~ V) )... ~Q:: ~~ ;c:: d5 o a:! o ~I:I ~ "'C~ Q::CI) . ~ l- V) ~ 1 31r.JS ON Z ~ /O~)c!? " " Nil/8fT A GP/I3-120.L.E:G 1501] 141. 15/2/13 (JE.GR-CHI. LJUAWfBO EXHIBIT A LEGAL DESCRIPTION FOR RANCHO DEL REY SPA III SITE UTILIZATION PLAN PARCEL R-7 (CV TRACT 90-2 PHASE 1, LOTS A, 1 AND 2) BEING PORTIONS OF QUARTER SECTIONS 42, 43 AND 62 OF RANCHO DE LA NACION, IN THE CITY OF CHULA VISTA, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE INTERSECTION OF THE NORTHWESTERLY LINE OF A 250.00 FOOT WIDE EASEMENT TO SAN DIEGO GAS AND ELECTRIC COMPANY PER DOCUMENT RECORDED MARCH 9, 1960 AS FILE PAGE 48825, SERIES 1, BOOK 1960 OF THE OFFICIAL RECORDS OF THE COUNTY RECORDER OF THE COUNTY OF SAN DIEGO AND THE SOUTHERLY RIGHT-OF-WAY LINE OF EAST 'H' STREET AS DEDICATED PER DOCUMENT RECORDED NOVEMBER 25, 1987 AS FILE PAGE 87-658209, BOOK 1987 OF SAID OFFICIAL RECORDS, SAID POINT ALSO BEING ON A 6,057.00 FOOT RADIUS CURVE CONCAVE NORTHERLY, A RADIAL TO SAID POINT BEARS SOUTH 13001'05" EAST; THENCE ALONG THE ARC OF SAID CURVE 1. EASTERLY 2. NORTH 63036'16" EAST 3. SOUTH 68040'09" EAST 4. SOUTH 26023'44" EAST 5. SOUTHERLY 1,606.66 FEET THROUGH A CENTRAL ANGLE OF 15011' 53"; THENCE TANGENT TO SAID CURVE 541.42 FEET (RECORD NORTH 63036'36" EAST PER SAID DOCUMENT) TO A POINT OF INTER- SECTION WITH THE WESTERLY RIGHT-OF- WAY OF PASEO RANCHERO AS DEDICATED PER DOCUMENT RECORDED FEBRUARY 4, 1993 AS FILE PAGE 93-0072919 OF SAID OFFICIAL RECORDS; THENCE LEAV- ING THE RIGHT-OF-WAY OF EAST 'H' STREET AND ALONG SAID RIGHT-OF-WAY OF PASEO RANCHERO 29.73 FEET; THENCE 3.13 FEET TO THE BEGINNING OF A TANGENT 942.00 FOOT RADIUS CURVE CONCAVE SOUTHWESTERLY; THENCE ALONG THE ARC OF SAID CURVE 173.58 FEET THROUGH A CENTRAL ANGLE OF 10033'29"; THENCE LEAVING SAID RIGHT-OF-WAY AS DEDICATED PER SAID DOCUMENT AND CONTINUING ALONG THE ARC OF SAID CURVE AND PROPOSED RIGHT-OF-WAY OF PAS EO RANCHERO ROAD /t/-/v PAGE 1 OF 3 6. SOUTHERLY 7. SOUTH 04019'26" WEST 8. SOUTH 03014'59" WEST 9. SOUTH 04019'26" WEST 10. SOUTHERLY GP/93.120.LEG (501) 141. 8/2113 WE.GR-otl, LNlAWIBD 331.47 FEET THROUGH A CENTRAL ANGLE OF 20009'40"; THENCE TANGENT TO SAID CURVE 115.98 FEET; THENCE 160.03 FEET; THENCE 611.13 FEET TO THE BEGINNING OF A 2,042.00 FOOT RADIUS CURVE CONCAVE EASTERLY; THENCE ALONG THE ARC OF SAID CURVE 113.24 FEET THROUGH A CENTRAL ANGLE OF 03010'38"; THENCE LEAVING SAID PROPOSED RIGHT-OF-WAY 11. NORTH 88051'02" WEST 1,022.66 FEET; THENCE 12. SOUTH 84013'27" WEST 267.37 FEET; THENCE 13. SOUTH 73003'09" WEST 160.49 FEET; THENCE 14. SOUTH 17049'50" EAST 15. SOUTH 72008'40" WEST 16. SOUTH 39025'16" WEST 17. SOUTH 72010'47" WEST 18. SOUTH 26059'22" WEST 19. NORTH 17050'15" WEST 20. SOUTH 89059'19" WEST 23.74 FEET TO THE NORTHEASTERLY CORNER OF LOT 'A', CHULA VISTA TRACT NO. 87-7, MAP NO. 12001, AS FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAID SAN DIEGO COUNTY; THENCE ALONG THE NORTHERLY BOUNDARY OF SAID MAP 12001 89.00 FEET (NORTH 72010'36" EAST, RECORDED PER SAID MAP 12001); THENCE 216.31 FEET; THENCE 285.94 FEET; THENCE 146.72 FEET TO THE SOUTHWEST CORNER OF QUARTER SECTION 43, ALSO BEING AN ANGLE POINT IN THE EASTERLY LINE OF LOT 359, CHULA VISTA TRACT NO. 80-5, UNIT D, MAP NO. 10989, AS FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAID SAN DIEGO COUNTY; THENCE ALONG THE WESTERLY LINE OF SAID QUARTER SECTION 43 AND EASTER- LY BOUNDARY OF SAID MAP 10989 251.47 FEET TO THE NORTHEASTERLY CORNER OF SAID MAP NO. 10989; THENCE ALONG THE NORTHERLY LINE THEREOF 868.59 FEET BEING A POINT ON THE WESTERLY LINE OF AN EASEMENT TO SDG&E PER DEED /t7~/? PAGE 2 OF 3 r ' 21. NORTH 40"30'25" EAST GP/IiI3-120.LEG (S01) (41. e/2/83 CJE.Gft.CHI.lNIAWIBD RECORDED MARCH 9, 1960 AS FILE PAGE 48825, SERIES 1, BOOK 1960 OF OFFI- CIAL RECORDS OF THE COUNTY RECORDER OF SAID SAN DIEGO COUNTY; THENCE ALONG WESTERLY LINE 1679.59 FEET TO THE POINT OF BEGINNING. ///-/ r PAGE 3 OF 3 GP/83-120.LEG 1&011141, e/2l13 IJE.GR-CHJ. LN/AWI8O EXHIBIT A LEGAL DESCRXPTXON !'OR RANCHO DEL REY SPA XXI SXTE UTXLXZATXON PLAN PARCEL R-7 (CV TRACT '0-2 PHASE 1, LOTS B ~ 3) BEING PORTIONS OF QUARTER SECTIONS 43 AND 62 OF RANCHO DE LA NACION, XN THE CITY OF CHULA VISTA, COUNTY OF SAN DIEGO, STATE OF CALXFORNXA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE INTERSECTION OF THE NORTHWESTERLY LINE OF A 250.00 FOOT WIDE EASEMENT TO SAN DIEGO GAS AND ELECTRIC COMPANY PER DOCUMENT RECORDED MARCH 9, 1960 AS FILE PAGE 48825, SERIES 1, BOOK 1960 OF THE OFFICIAL RECORDS OF THE COUNTY RECORDER OF THE COUNTY OF SAN .DXEGO AND THE SOUTHERLY RIGHT-OF-WAY LINE OF EAST 'H' STREET AS DEDICATED PER DOCUMENT RECORDED NOVEMBER 25, 1987 AS FILE PAGE 87-658207, BOOK 1987 OF SAID OFFICIAL RECORDS; "THENCE ALONG SAID NORTHWESTERLY LINE 1. SOUTH 40030'25" WEST 1,679.59 FEET TO THE NORTHEASTERLY CORNER OF LOT 91, CHULA VISTA TRACT NO. 80-5, UNIT A, MAP NO. 10715, AS FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAID SAN DIEGO COUNTY; THENCE ALONG THE NORTHERLY LINE OF SAID MAP NO. 10715 2. SOUTH 89059'19" WEST 310.11 FEET (RECORD NORTH 90000'00" WEST); THENCE 3. NORTH 70047'53" WEST 2,476.74 FEET TO AN INTERSECTION WITH THE NORTH- EASTERLY RIGHT-OF-WAY LINE OF PASEO DEL REY AS DEDICATED ON SAID MAP NO. 10715, SAID POINT BEING ON A 460.00 FOOT RADIUS CURVE CONCAVE NORTHEASTERLY, A RADIAL TO SAID POINT BEARS SOUTH 74038'17" WEST, SAID POINT ALSO BEING AT THE SOUTH- EASTERLY POINT OF AN 80.00 FOOT WIDE ROAD EASEMENT PER DEED RECORD- ED JUNE 2, 1983 AS FILE PAGE 83-184592, BOOK 1983 OF SAID OFFI- CIAL RECORDS; THENCE ALONG THE ARC OF SAID CURVE AND NORTHEASTERLY LINE OF SAID EASEMENT 4. NORTHWESTERLY 177.37 FEET THROUGH A CENTRAL ANGLE OF 22005'32"; THENCE CONTINUING ALONG SAID EASEMENT /Cl-J9 PAGE 1 OF 3 5. NORTH 06043'49" WEST 6. NORTHEASTERLY 7. SOUTH 82016'04" EAST 8. EASTERLY 9. NORTH 89058'43" EAST 10. EASTERLY 11. SOUTH 88058'47" EAST 12. EASTERLY 13. NORTH 89058'43" EAST 14. EASTERLY 15. EASTERLY GP/83.1.20.LfG (&01) (41. e/2113IJE.GA-CHI. LN/AWIBD 192.44 FEET TO THE BEGINNING OF A 22.00 FOOT RADIUS CURVE CONCAVE SOUTHEASTERLY; THENCE ALONG THE ARC OF SAID CURVE 31.68 FEET THROUGH A CENTRAL ANGLE OF 82030'34" TO A POINT ON THE SOUTH- ERLY RIGHT-OF-WAY LINE OF EAST 'H' STREET AS DEDICATED PER DOCUMENT RECORDED NOVEMBER 25, 1987 AS FILE PAGE 87-658207, BOOK 1987 OF SAID OFFICIAL RECORDS; THENCE ALONG SAID SOUTHERLY RIGHT-OF-WAY LINE 456.03 FEET TO THE BEGINNING OF A 2,057.00 FOOT RADIUS CURVE CONCAVE NORTHEASTERLY; THENCE ALONG THE ARC OF SAID CURVE 278.37 FEET THROUGH A CENTRAL 07045'13"; THENCE ANGLE OF 774.35 FEET TO THE BEGINNING OF A 1,449.00 FOOT RADIUS CURVE CONCAVE SOUTHERLY; THENCE ALONG THE. ARC OF SAID CURVE 26.35 FEET THROUGH A CENTRAL 01002'30"; THENCE ANGLE OF 523.26 FEET TO THE BEGINNING OF A 1,500.00 FOOT RADIUS CURVE CONCAVE NORTHERLY; THENCE ALONG THE ARC OF SAID CURVE 27.27 FEET THROUGH A CENTRAL 01"02'30"; THENCE ANGLE OF 266.51 FEET TO THE BEGINNING OF A 6,067.00 FOOT RADIUS CURVE CONCAVE NORTHERLY; THENCE ALONG THE ARC OF SAID CURVE 616.72 FEET THROUGH A CENTRAL ANGLE OF 05049'27" TO A POINT OF NON-TANGENT COMPOUND CURVE CONCAVE NORTHERLY HAVING A RADIUS OF 786.17 FEET, A RADIAL TO SAID POINT FROM 786.17 FOOT RADIUS POINT BEARS SOUTH 05059'56" EAST; THENCE ALONG THE ARC OF SAID CURVE 28.77 FEET THROUGH A CENTRAL ANGLE OF 02005'48" TO A POINT OF NON-TANGENT COMPOUND CURVE CONCAVE NORTHERLY HAVING A RADIUS OF 10,050.50 FEET, A RADIAL POINT FROM 10,050.00 FOOT RADIUS POINT BEARS SOUTH OSoOS'Ol" /t!)-c20 PAGE 2 OF 3 GPIIJ..120,LEG (S01J (41. e/2ft3 UE-QR.OII. LHlAW/BO WEST; THENCE ALONG THE ARC OF SAID CURVE 16. EASTERLY 537.45 FEET THROUGH A CENTRAL ANGLE OF 03003' SO" TO THE BEGINNING OF A TANGENT COMPOUND CURVE CONCAVE NORTHERLY HAVING A RADIUS OF 6,057.00 FEET; THENCE ALONG THE ARC OF SAID CURVE 17. EASTERLY 192.46 FEET THROUGH A CENTRAL ANGLE OF 01049'14" TO THE POINT OF BEGIN- NING. EXCEPTING THEREFROM THAT PORTION DESCRIBED IN DEED TO OTAY MUNICIPAL WATER DISTRICT RECORDED JANUARY 22, 1985 AS FILE NO. 86-021388 AND RERECORDED MARCH 13, 1985 AS FILE NO. 85-082824 OF OFFICIAL RECORDS OF THE COUNTY RECORDER OF SAID SAN DIEGO COUNTY. /~/,;21 PAGE 3 OF 3 , GP/93-120.LiG (501) 101. 0/2/93 IJE.Gfl.CHI. OOAW!80 EXHIBIT A LEGAL DESCRIPTION FOR RANCHO DEL REY SPA III SITE UTILIZATION PLAN PARCEL R-I (CV TRACT '0-2 PHASE 3, UNIT 3, LOT 1) BEING A PORTION OF QUARTER SECTION 37 OF RANCHO DE LA NACION, IN THE CITY OF CHULA VISTA, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWESTERLY CORNER OF EL RANCHO DEL REY UNIT NO. 3 WEST PER MAP NO. 8110 AS FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAID SAN DIEGO COUNTY; THENCE ALONG THE WESTERLY LINE THEREOF 1. SOUTH 17051'06" EAST 2. SOUTH 60002'44" EAST 3. SOUTH 22054'45" EAST 4. SOUTH 89000'56" EAST 5. SOUTH 08057'04" WEST 6. SOUTH 00056'13" EAST 7. SOUTH 09017'58" EAST 8. SOUTH 16038'04" EAST 9. SOUTH 19000'16" EAST 10. SOUTH 24054'37" EAST 11. SOUTH 36032'38" EAST 3.2. SOUTH 21034'03" EAST 3.3. SOUTH 04009'05" EAST 14. SOUTH 24050'00" WEST 15. SOUTH 45045'58" WEST 16. SOUTH 62044'30" WEST 17. SOUTH 83029'17" WEST 539.68 FEET (RECORD NORTH 17050'34" WEST PER MAP NO. 8110) TO AN ANGLE POINT IN THE WESTERLY LINE THEREOF; THENCE 218.50 FEET; THENCE 130.00 FEET; THENCE 29.34 FEET; THENCE 60.91 FEET; THENCE 83.32 FEET; THENCE 46.61 FEET; THENCE 44.14 FEET; THENCE 49.59 FEET; THENCE 67.81 FEET; THENCE 31.87 FEET; THENCE 52.44 FEET; THENCE 41.63 FEET; THENCE 45.60 FEET; THENCE 74.39 FEET; THENCE 39.98 FEET; THENCE 34.93 FEET; THENCE /c ~c2.2 PAGE 1 OF 2 .. . J.8. NORTH 78002'52" WEST J.9. NORTH 57035'2J." WEST 20. NORTH 47046'07" WEST 21. NORTH 76036'49" WEST 22. SOUTH 57055'34" WEST 23. SOUTH 070J.J.'37" WEST 24. SOUTH J.9042'11" WEST 25. SOUTH 48009'39" WEST 26. SOUTH 77030'46" WEST 27. SOUTH 59000'50" WEST 28. NORTH J.7047'39" WEST 29. NORTH 09039'35" WEST 30. NORTH 17033'30" WEST 31. NORTHEASTERLY 32. NORTH 13057'52" EAST 33. NORTHEASTERLY 34. NORTH 26052'54" EAST 35. NORTHEASTERLY 36. SOUTH 78047'18" EAST 37. NORTH 89040'45" EAST GP/93.1.20.LEG 1501] 141, 11/2,.3 tJE.Gfl.CHI. LJUAW/8D 91.35 FEET; THENCE 62.75 FEET; THENCE 101.57 FEET; THENCE 80.52 FEET; THENCE 86.46 FEET; THENCE 65.16 FEET; THENCE 107.41 FEET; THENCE 20.15 FEET; THENCE J.J.7.53 FEET; THENCE J.6.58 FEET; THENCE 487.8J. FE!T; THENCE 66.78 FEET; THENCE 383.52 FEET TO A POINT ON A 480.00 FOOT RADIUS CURVE CONCAVE NORTHWESTERLY, A RADIAL TO SAID POINT BEARS SOUTH 59031'14" EAST; THENCE ALONG THE ARC OF SAID CURVE 138.36 FEET THROUGH A CENTRAL 16030'57"; THENCE ANGLE OF 109.95 FEET TO THE BEGINNING OF A CURVE CONCAVE SOUTHEASTERLY HAVING A RADIUS OF 270.00 FEET; THENCE ALONG THE ARC OF SAID CURVE 63.90 FEET THROUGH A CENTRAL 13033'36"; THENCE ANGLE OF 178.28 FEET TO THE BEGINNING OF A NON-TANGENT CURVE CONCAVE NORTHWESTERLY HAVING A RADIUS OF 428.00 FEET, A RADIAL TO SAID BEGINNING BEARS SOUTH 62028'32" EAST; THENCE ALONG THE ARC OF SAID CURVE J.24.93 FEET THROUGH A 'CENTRAL 16043'26"; THENCE ANGLE OF 167.68 FEET; THENCE 56.24 FEET TO THE POINT OF BEGINNING. PAGE 2 OF 2 /t?~;2 3 Exhibit B New Leaal Description Lots 1, 10, 14 and 15 of CHULA VISTA TRACT NO. 90-02 (RANCHO DEL REV SPA III Master Final Map), in the City of Chula Vista, County of San Diego, State of California, according to Map thereof No. 13176, filed in the Office of the County Recorder of San Diego County, December 14, 1994. JtJ ~c1:1 release 9/4/96 COUNCIL AGENDA STATEMENT Item / / Meeting Date 9/10/96 ITEM TITLE: Report on Action Taken Affirming Trial Traffic Regulation Amending Schedule VI, - Parking Time Limited on Certain Streets - for Two-Hour Time Limited Parking 8:00 A.M. to 6:00 P.M., Except on Sundays and Public Holidays on a portion of the North Side of Kearney Street between Third A venue and Church Avenue. SUBMITTED BY: Council Referral No. 2996 (4/Sths Vote: Yes_NoX) REVIEWED BY: In January of 1996, staff received a written request ITom the owner of the commercial building at 745 Third Avenue, which has businesses that front on Kearney Street, to provide time limited parking on the westerly portion of the two hundred block of Kearney Street, citing the need for short term parking. At the City Council meeting of3/12/96, the Council directed staff to implement a trial two-hour limited parking area on Kearney Street and subsequently meet with the residents and businesses and return with a final recommendation. Subsequently the Council also amended the Municipal Code to delegate authority to the City Engineer, upon concurrence of the Safety Commission, to adopt, amend, or modify certain traffic regulations, including parking restrictions. After consultation with the area residents and businesses, the City Engineer determined the need to establish a time limited, two-hour, parking zone on the north side of Kearney Street between Third A venue and Church Avenue and, in accordance with the Municipal Code has taken action to add that street to the schedule of parking restrictions. In accordance with previous Council concerns this agenda item is to report to the Council on the outcome of this issue. RECOMMENDATION: That the City Council accept staffs report relative to the action taken to amend Schedule VI, Parking Time Limited adding a regulation for Two-Hour Time Limited Parking 8:00 A.M. to 6:00 P.M., Except Sundays and Public Holidays, on a portion of the North Side of Kearney Street between Third Avenue and Church Avenue. BOARDS/COMMISSIONS RECOMMENDATION: The Safety Commission, at their meeting of2/8/96, concurred with staff and recommended to the City Council that a Trial Traffic Regulation be established to test the effectiveness of the parking restriction. After the Council meeting staff meet with the residents and businesses and came to the concensus that the parking regulations could be made permanent. Since the Safety Commission had previously heard this matter and expressed their concurrence, the City Engineer has therefore made this parking regulation permanent. DISCUSSION: //-J Page 2, ItemLL Meeting Date 9/10/96 In January, 1996 staff received a written request from the owner ofa commercial building at 745 Third Avenue to provide time limited parking on a portion of the 200 block of Kearney Street to allow a higher parking turnover rate for businesses in her building. Staff evaluated this request, performed a parking survey, and determined a need for time limited parking on Kearney Street between Third A venue and Church Avenue. Staff then took the issue to the Safety Commission for a hearing at the Safety Commission meeting of February 8 1996. At that meeting the Commission concurred in the need to establish a Trial Traffic Regulation and implement the requested parking restriction on a trial basis. Based on the community interest on this issue, it was then taken to the City Council in accordance with the process under the Municipal Code as it existed at that time. At their meeting of March 12, 1996, the City Council directed staffto meet with residents to discuss their concerns and expedite a solution with a report back to Council. On April 10, 1996, staff met with area residents and the owners of the commercial properties in the area to discuss the proposed action and address the concerns of all parties present. Based on the comments from those in attendance at this meeting, staff implemented a Trial Traffic Regulation for a much shorter length of parking prohibitions than originally recommended by staff and the Safety Commission. This parking restriction was for an overall length of 62' and was implemented on May 17 by installing the necessary signs on the north side of Kearney Street for a one month trial period. In an informational memorandum dated May 23, 1996 staff presented the follow-up report informing Council on the status ofthis situation and the installation of the two-hour limited time parking signs. Staff also informed Council that they would be scheduling a meeting with the residents and businesses to discuss the results of the parking restriction and subsequently make a final report and recommendation to Council. Staff again met with interested area residents on July I, 1996, to discuss the effectiveness of the parking restriction and to reach a final resolution on the matter. It was the majority concensus (some reluctantly) of the group, (minutes and attendance list attached) that the Trial Traffic Regulation remain and be made permanent, and that no further restrictions be implemented at this time. The residents also asked that in addition to making the parking restriction permanent, Council make a written request to the area businesses, particularly the Post Office and the Third Avenue Plaza Office Building, to encourage by whatever means available, their employees, tenants, and patrons to minimize the use of on-street parking in the surrounding residential neighborhood and to use their off-street parking structure which is severely under-utilized. Staffhas previously contacted Mr. Donald Marbrey, Post Master, and Mr. Rodriquez, Unit Manager for the Parole Department at 745 Third Avenue who have informed us that the Post Office and the Parole Department do provide adequate parking for all of their employees and patrons. They stated //~2 Page 3, Item ) / Meeting Date 9/10/96 that if employees and patrons park on the street, there is no legal recourse to prevent them from doing so. Both Mr. Marbrey and Mr. Rodriquez expressed concurrence with staff's recommendation claiming that it would create no hardship for their offices. Staff has also been contacted by Mr. Jim Pieri, of Mountain West Property Management who owns and operates the Third Avenue Plaza complex. Mr. Pieri indicated that his company has gone to great lengths to provide adequate parking and screening to protect the residential character of the area. He feels that any intrusion into the neighborhood by his tenants or their patrons is minimal. He also states that he has, on numerous occasions, requested that tenants take steps to insure that the parking situation remain under control and personally makes periodic surveys of the area to insure that the impacts on the neighborhood are minimized. While the trial period was in effect, Council passed an ordinance revising Title 10 of the Chula Vista Municipal Code. These revisions were made to implement City Council Policy No. 110-09 which delegated authority on most traffic regulations to the City Engineer with the concurrence of the Safety Commission. Under the policy City and revisions to Title 10 staff and the Safety Commission were delegated the authority empowering them to act upon certain traffic and safety matters, including enacting parking prohibitions. Therefore, since the Trial Traffic Regulation was in accordance with the Safety Commission's action approving the original parking restrictions and the residents and businesses concurred, staff took action as delegated under the current Municipal Code to make them permanent. CONCLUSION: It is staff's recommendation that the City Council accept this report acknowledging that the Traffic Regulation for time limited parking zone on a portion (62') of the north side of Kearney Street just east of Third Avenue, as a "Two-Hour Parking Anytime Between 8:00 A.M. & 6:00 P.M. Except on Sundays and Public Holidays" became permanent through action of the City Engineer to add it to Schedule VI - Parking Time Limited on Certain Streets as follows: Schedule VI - Parking Time Limited on Certain Streets Two Hour Parking 8:00 a.m. - 6:00 p.m. Except Sundays and Public Holidays Name of Street Beginning At Ending At Side Length of Time Permitted Kearney Street Third Avenue a point 62' to the North 2 Hour east //- .---, .5 Page 4, Itemn Meeting Date 9/10/96 All area businesses, the Postmaster and residents have been notified of tonight's City Council meeting. FISCAL IMPACT: The cost of installing the two hour signs, posts, and curb markings is approximately $200.00 and will be billed to the requesting property owner who has agreed to pay the cost of the installation. Attachments: Exhibit A: Exhibit B: Fxhihit r. ~~ Mintlte3 sf '7.'1.'96 media!> v[ 0["[[ "ad interested area residents / attendance list Informational Memo to City Council dated 5/23/96 R1:e"ieHs Repel't t6 City r~"M" c10ted 3/12/96 "'ita aflaehmel!ts ~ ~. FileNo.: 0760-95-CY029 OIOO-55-KYI58 EAF:dmw (M:\HOME\ENGINEER\AGENDA \KEARNEYS.DMW) JJ-{ 7///1(" f'.(.opl:>/.-'( ___ _ N,4fV1 e-. . ___ _ ..... ~ ~ --- ------------- _-~iJ~--~~----------- ~. ~ g~ - - -. ----- . - - %~~---_. k d/UI-. _H_ ~.e~ J::.e1t]2.,I\J 18Y s T~ T M E3"ETI N 1- ..- --_._-_._---~._,_..._._..- -- ---_._-- ----- - ___ --_._---_'_'-0 1710 91t(/tfJ ___._ __-0 __. r; ~ L /2. .;.I!/A. c'i7 at dvle; V:'Si-A G'7"~1'7 byf, __ _ .- ---- <---- - -- -.-.. .-.' -. ----. -' -- -- - - -.- -- - - ,"-----.- - - - - - - ~- --- - - - -- _. --. __ n' ____.______ - -- -- --- -- -- --- - -- .-- ----- - ... - ---- ------- --- ____.___n_..____ _ _ _ __ __ __ _-0-- ____..'_ -- -- ---~--- --------- --~-- - - - . - - .-.-- --- --- --- ---- -- ~------ - - --- --------- - - --- -....- .-.- -- - - - -- - - ----- --------- --- ---- -- --- ~ - -- - - - - -- . ------- - .-- ------.--.---.-.---- ---- ------ -- - - - . - ___ ___ n_ _______ - - ----.-- - --- --- ---------- --------- --_.._---~_.-- - . - - .- ~ - ~- ~_._--~----_._--._---~_. ___ ~ _ ._________,.___ _ _m_ _~__ _n __ _ _ ___ -~- - ~ - -- -----~--~ -- - - ~--------- - -- - -., .. - --- ~ ~~- u. ... - -- U)T;-~U- - ---- ---- -- ----- -- - ---------------- -- -----. ... - .__ _.___n______________. __.____.._ Exhibit B l .information .item TO: The Honorable Mayor and City Council May Z3, 1996 File:0120-10-KY119 0?60-95-CY029 VIA: lohn Goss, City Manager lohn Lippitt, Director of Public Works~ Request for 2-hour parking on Kearney Street near Third Avenue. FROM: SUBJECT: The purpose of this memo is to advise the City Council of the status of the request from Ms. Elizabeth Lee who owns a beauty shop at 745 Third Avenue, across the street from the post office. She is requesting that an area be set aside on Kearney Street with a 2 hour parking restriction. . Due to the employees of the post office parking all day on Kearney Street. her customers and employees are forced to park further away, in the surrounding residential neighborhood. Many of her customers are elderly, and the lack of nearby parkina presents a hardship. ( Staff presented this item to the Safety Commission in February and the Safety Commission voted MSC 5-]-1 (BierdlLiken) to establish a trial traffic reiUlation for Two-Hour Time Limited Parking from 8:00 A.M. to 6:00 P.M., (except on Sundays and Holidays) on the north side of Kearney Street between Third Avenue and Church Avenue. In a follow-up motion, the Safety Commission voted MSC 6-0-1 (LikenlBierd) with Commissiont:r Acton absent, to have staff contact the Post Office and the Plaza Office building at Third A venue and Kearn~y Street and report back to the Commission regarding testimony about employees of the Post Office parking oft'-sitt:. and about the patrons of the parole office not being allowed to park in the parking structure. ~ At the City Council meeting of March 12, 1996, the City Council voted 4-0-1 to have staff confer with the area residents, businesses, probation department and post office. On April 10, 1996, staff beld a meeting with these residents and businesses and discussed the issues for and against the time-limited parking proposal. Although the p~st office representatives did not attend the meeting, the postmaster bas been in contact with staff and bas told staff that all postal employees alw!lliI park within the post office property. However, he cannot require them to nC?t park on a public street. After much discussion from all of the area residents and businesses in attendance (see attached attendance list), it was agreed that staff would try the two hour parking only aloua the north curb line ~ Kearney Street along the frontage of the beauty shop for a one month period. Ms. Lee, the owner of the beauty shop concurred with the recommendation. This area is about 62' in length and allows for up to three average sized vehicles to park for 2 bours. The residents agreed to meet with staff at the end of tbe one mnnlh tr\al period to discuss the effects of this trial installation. The restricted parking sign installation was completed on Friday May 17, 1996. Staff will be Icheduling a . meetina with the area residents and businesses in late lune to discuss the results of the parking restriction. At thPt time, a decision will be made on further action on this item and a staff l'eC(\In.....ndation will be forwarded to:the City Council for resolution. Attacbed is a sketcb of the trial parking restriction. , ..~_ L_III",: . Ana PlalIIId 2-11aur potIdDs .-ricticm akeIch b--'._ Iia IIId miDuIu of IIIfr -ma daIe4 4/10196 I ...:_~..~. 1/- ? , . \. i I . . 3 I N .... . .-- t " .... ... ]. .... It . Ii! " -- -~ . ; IT H tll I. .; POST OffiCE IITI ~~ - -( , ------- I ! ._~ ': . , , .... .... . . . r · · tI' ... . .~"'~.i-c.."'f.:. . . . . : : : . . " i : ...... ----. ..... - ---. ...... ....- ...... , . ....... ... -.--, ....-........ .... ..........,." ...r.... , .. . ----, ..-.... "1" ....-.,.... ..~"'I-'i1~.. ...~ i' I J . = .... . .... I I --- -< . -I --- . ...... 0- . ...... . . ...... . <( W ...... a: ..... -< ..~... . . I' . << . oJ I " " i ~ . . . : : . : . . . . . I . ...... , , . . It. " . : , , .....1 . , . I / J-' . - . '-_I- <-<- i r 7:."75MEET,f/' .t. . Eloi$TIN(;r . 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'-I t.. 1 -q , I! 1 "j (~. a. ...11I .' ... ~" tt-e... . IRf ;.... ,- J.",- ----- , r , Itf.MO' (.~.. I ".f. .. .,,-=, ~( .. '1:> .-.. .-....-.. . ...~ ... t-:. - .---.- _.. . ~ 19- ~-OO" -- Tn~a 2 Hour Parking Restriction Kearney Street elo Third Ave. //-K ~ ~ . -'-'- ~ J '" . ~ ~u.IV'I"'Y . N ~. o.o~ -. DATa ~ May 2 1886 , . ( .\' i I ! File # 0120-10-KYl19 0760-9S-CY029 MINUTES OF KEARNEY STREET WORKSHOP MEETING i DATE OF MEETING: . LOCATION: W........lday. April 10. 1996 Public Services Building. Conference Room 2 &; 3 , I TIME STARTED: 7:00 p.m. TIME COMPLETED: 8:45pm i FraDlt Rivera. Assoc. Traffic Engineer ;~ City of Chula Vista Public Works Department I Presented staff's report, the comments made by the Safety Commission aDd die City Council. He also described the history of Ibis item and the various options available to the residents and businesses in die area. Widl Ibis workshop meeting, everyone in atu'nd.1)Ce would take turns ape.lring and then at the end of the meeting, we would arrive on a CODCeDSUS recommendation. ( Laura Fontana 732 Church Avenue No 2 hour parking in the area. There is DO guarantee for parking. It is the problem of business. Why docs it affcct the businesseS? PaDdra Boyle 739 Church Avenue Bcautyshop parking is DOt all used. ; I Amy Holt \ 745 Church Avenue \ I She lives at the comer of ChurchlKeamey - cars park around curb. Husband is invalid and can only waJk shon distances. It is disturbiDa for her to have to uk business people to stay away .from residential area. Parolees park in the area. leaviDa trash. Neighborhood is nice. why docs area have to be messed up? Parking structure is for employees of the Plaza Building. She wants/DCCds . reserved parking space. ///1 > . . . . Joan Berg 270 Keamey Street , , i f I iDorothy Webb 153 E. Mankato Street . No 2 hour parking. Problem will move down the street. Found trash, diapers, saw Uvtecent exposure, dmy needles. The police have reports OD indecent exposure on file. It is DOt fair for residential to cope with business. Post OffICe and parolee problems need to be resolved. Blue Haven parking is tough towards end of the week. Large cars lie tough to park in off-street parking facility. Six months ago this was DOt a problem. Residential area is too close to business area. , Marcella Williams 66 E. Mankato Street She is a 25 year customer. Wants 3 or 4 parking spaces in front of the beauty shop business. Sometimes she will use the beauty shop parking lot. Elizabeth Lee 745 Third Avenue f. i Wants 2 hour parking. Everyone's idea is to go ahead as a trial installation. There is a hole in the wall of the building parking lot beca~ large cars cannot park easily. Elderly customers have to park too far away because the parking is taken. Only do her place of business for her customers. Employee's need to park on the street. From 7:30 am to 3:30 pm the parking is always full. Postmaster in Washington, D.C. to get Chula Vista employees to park on-site. When is the lease for Third Avenue Plaza up? Get a petition to get parole office out of area. Parole office was leased after the Plaza buildiDi was built. Alicia Polster i 908 Nadon Avenue Has been a beauty shop employee for 2 years. Parking was DOt a problem until recently. Baja office also parks in parking lot. Employees and customers get stuck in parking lot due to Baja office, which has 3 employees. The Post Office started the problem. Lucky's parking lot near the Post Office is empty. Post office employees start to park on Kearney Street by 7:30am. J ) ~)C) I . . ~ Polster' 1908 Nacion Avenue Many differeDt things have happened. The beauty shop business is barely getting by. The area had been zoned commercial before she (Ms. Lee) bought the propeny. She cannot stay in business with the way the parkina Is today. Changes can sometimes be for the worse. There are 4 licensed cosmetologists who work at the business. Employees cannot park in front of the business. We need to find a solution. Feels Post OffICe is a problem. before 2pm H cars, at 2pm 13 cars were parked on Kearney Street. t Ruth Basson 121 Orange Avenue #124 Supports the beauty shop business. She is handicapped. . rpete Basson :121 Orange Avenue #124 j j She spoke about the Post Office and the parole office. I Jim Pieri 'Mountain West Properties 76S Third Avenue Represents the Third Avenue Plaza has been developing properties for 16 years. 8 years ago project was conceived. He held several community meetings before project was approved. That is why the project looks the way it is. CUP ability to park on street. He tries to keep the propeny lookina nice. Third Avenue Plaza has been there 6 years. The problem started when the beauty shop expanded. The ODe million dollar parkina garage was designed to be unobstnlSive on-street parking Is an Issue. Post 0f6ce purchased additional propeny. From 7:30a.m.-S:OO p.m. is when people park for the post office. You have to remember that parolees are OD best behavior when seeiDI their parole officers. Mr. Pieri offered the reildents to call his telepboDe number If they had any problem with parolees. He has dealt with some of their problems in the past. We need to accommodate the business. therefore. try it OD a trial basis for the business. If 2 hour Is expanded to entire area. people just more farther and farther away. Post 2 hour par1dni and monitor the parkina. He will do whatever Is needed to resolve the parolee problem. Church Avenue fronta.e has some parkina available. Have Delpborhood watch the area. The Chula Vista Police Department has responded to all requests. Should try 2 hour parkina in the area. . / /J-J/ (( Dale Meservy , 777 Church Avenue The Postmaster cannot do anything about employees. For 17 years tbere was no problem in front of their house. i Jim Pieri i. , ! Have Senior Volunteer Patrol at 7:30am to turD the postal employees away. ,. i PJi7..beth. Lee It is parked full from 6am - Spm but it varies daily. Dale Meservy ./ The Post Office is the business causing the parking shortage. Steve Thomas, Senior Civil Engineer City ofChula Vista Public Works Department Postal employees cannot park in Lucky's parking lot. : ( Maria Bean 283 Kearney Street Lives at the comer of Keamey/Church in the apartments facina Keamey. She lives with a daughter and has had problems with people parking inside her yard. Two to three times a week she has had to fight with the public. Carmen Santa Cruz '. 746 Church Avenue Her garage is behind the house. Does DOt want the 2 hour parkiDg in the area. Is opposed to any changes. OK in front of beauty Ihop. From the kitchen window Ihe &eel parolee problems. Problems occur in the day but DOt at night. The meetina was adjourned at 8:4S p.m. with thole in attendance aareeina to try 2-hour parkiDa only in front of the beauty Ihop fora one month trial period. ..:....laD....\~1'Xk ?J IL#o.-- Frank Rivera .' -/ \ )/- J ) . ~ Exhibit C COUNCil.. AGENDA STATEMENT "Item II Meeting Date 3/12/96 ITEM TITLE: Report Establishing Trial Traffic Regulation #145 - Two-Hour Time Limited Parking 8:00 AM. to 6:00 P.M., Except on Sundays and Public Holidays on the North Side of Kearney Street between Third Avenue and Church Avenue. SUBMITTED BY: Director of Public Works ~ REVIEWED BY: City Manager Staff has received a written request from the owner of the commercial building at 745 Third Avenue, which has businesses that front on Kearney Street, to provide time limited parking on the westerly portion of the two hundred block of Kearney Street, citing the need for short term parking. The City Engineer has determined the need to establish a time limited, two-hour parking zone on the north side of Kearney Street between Third Avenue and Church Avenue. RECOMMENDATION: That the City Council accept staff's report and establish a Trial Traffic Regulation Two-Hour Time Limited Parking 8:00 AM. to 6:00 P.M., Except on Sundays and Public Holidays on the North Side of Kearney Street between Third Avenue and Church Avenue. BOARDS/COMMISSIONS RECOMMENDATION: The Safety Commission, at their meeting of 2/08/96, voted MSC 5-1-1 (BierdILiken), with Commissioner Cochrane voting no and Commissioner Acton absent, to establish a Trial Traffic Regulation for Two-Hour Parking Limit 8:00 AM. to 6:00 P.M., Except on Sundays and Public Holidays on the North Side of Kearney Street between Third Avenue and Church Avenue. In a follow-up motion the Commission voted MSC 6-0-1 (Liken/Bierd) with Commissioner Acton absent, to have staff contact the Post Office and the Plaza at Third Avenue and Kearney Street and report back to the Commission about employees of the Post Office parking off-site, and the issue raised by the residents of the patrons of the Parole Office not being allowed to park in the parking structure. DISCUSSION: Staff has received a written request from the owner of a commercial b.uilding at 745 Third Avenue to provide time limited parking on a portion of the 200 block of Kearney Street to allow a higher parking turnover rate for businesses in her building. Staff has evaluated this request and sees a need for time limited parking on Kearney Street between Third Avenue and Church Avenue. / / - /- ? Kearney Street is an east-west street 36' wide, with parking allowed on both sides. The block of Kearney Street between Third Avenue and Church Avenue is mostly ftonted by commercial use. A parking structure is available for tenants of the commercial building on the south side Page 2, Item I / Meeting Date 3/12/96 of Kearney Street at Third Avenue. Due to the proximity of the post office and the Third Avenue Plaza buildings, there are a large number of motorists which park all day on Kearney Street. Approximately 9 cars can park along the south curb line and 8 cars along the north curbline. By restricting parking along the north curbline, only eight (8) vehicles will be displaced and the impacts to the surrounding neighborhood minimal. Although these eight (8) proposed time limited parking spaces will benefit all area business, they are not to be reserved parking spaces. Therefore, anyone is entitled to park in this area as long as the time limit restriction is complied with, on a first come first serve basis. Several area residents attended the Safety Commission meeting and expressed concerns over the impacts that the displaced vehicles would have in front of their homes. These residents live on Church Avenue and on Kearney Street, east of Church Avenue. Staff has considered the resident's concerns and will evaluate the impacts to the surrounding neighborhood once the time limited parking is established. If necessary, staff can modify the length of the parking restriction and/or provide the area residents with a parking permit which would exclude vehicles which park all day. At the end of the eight month trial period, staff will then go back to the Safety Commission and the City Council for a recommendation on whether or not to make this trial traffic regulation permanent. Staff has contacted the Post Office and Mr. Donald Marbrey, Post Master, has informed us that the Post Office has recently provided adequate parking for all of their employees. He stated that if employees are parking outside of the Post Office complex, they are doing so on their own. He expressed concurrence with staff s recommendation claiming that it would create no hardship for the Post Office. Staff has also contacted the Parole Department at 745 Third Avenue and Ms. Kathy Swank, Assistant Unit Manager, has informed us that the Parole Department has provided adequate parking for all of their employees and all parolees. She stated that if employees or parolees are parking outside of the parking provided at the complex, they are doing so of their own choice. She expressed concurrence with staffs recommendation claiming that it would create no hardship for the Parole Department. A field survey disclosed that the subject parking area is occupied by long term parkers. Conversion of the all day parking spaces to two-hour time limited parking will induce parking turnover and provide service to a greater number of users. Traffic safety is not an issue. Based on the foregoing, it is recommended that the said time limited parking restriction be established. CONCLUSION: It is staff s recommendation that the City Council adopt a Trial Traffic Regulation establishing time limited parking zone on the north side of Kearney Street between Third Avenue and //-)'/ " I Page 3, Item I \ Meeting Date 3/12/96 Church Avenue as a "Two-Hour Parking Anytime Between 8:00 A.M. & 6:00 P.M. Except on Sundays and Public Holidays" as follows: Section 10.52.340, Schedule VI - Parking Time Limited on Certain Streets Two Hour Parking 8:00 a.m. - 6:00 p,m. Except Sundays and Public Holidays Name of Street Beginning At Ending At Side Length of Time Permitted Kearney Street Third Avenue Church Avenue North 2 Hour All area businesses, the Postmaster and residents have been notified of tonight's City Council meeting and the mailing list is attached for Council's information. FISCAL IMPACT: None. The cost of installing 3-two hour signs and posts is 5200.00 and will be paid by the requesting property owner. Attachments: Area Plat Letter from property owner dated 1/6/96 Parking Survey Minutes of the 2/8/96 Safety Commission Meeting (Excerpt) Applicable Municipal Code Sections Mailing List File No.: 0760-9S-CY029 FXR.:dlnw (M:\HOME\ENGINEER.\AOENDAIKEARNEYS.F.XR) //-/~~ .... --- . i..--r- WI -_.: . ~!-- ~ "'~-... '--~ i.- ~ Z ,""J& r-- III~ -..L' _ \ I-~-' :~:_..... 7'J,.. ~ M~- ~"rll i-r-' I' !r- :'! ~ II -J' " ~-~. ~ , l- i foi-.. -.- - - --- .. 0'" I i I ~..t~ :: ........ - . - . ..-. ._~- ~ ~ ~ ',PL ~'lIE-' I __ , I II :. ~ c il- "' - 1 ....... I H 1& o I ~ !~~ . ,V"...., I POST OFFICE J aJ. SITE ~j r _ 9-V' .,~""- ~' I~ ." I ... ~~ ... z - ... ,... . , L ....... ) / -/~ ~-I j ~:!!u II: ~ ,0 '" ~ ~ i ~ & _& "L > -. -: I ~""G._"-~ ~, ....-. -_..~~' I~ -rt"r,... ...-.. rot . ! ! ! ! ! I! ! I I \ ITflEET \ Ii: i ' :! r. ~_ . .. ... 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I ~ .LBt~ ... ... - .. =_I~ - - ~.. ... .J - ~ i= ~~ '. ~: I .. . . i , .' .; ~ . , , . , ..'" . . . !< -I .0- c( W a: <( . . . . @ ~ C\I . . . . . ',,',\ L' ....oJ , .. . ) : I~ J. J , . Elizabeth C. Lee 745 Third Avenue. #Ie Chula Vista, CA '1910 (619) 427.8080 January 6, 1996 Frank Rivera Traffic Engineer 276 Fourth Avenue Chula Vista, CA 91910 Re: Placement of 2 hour parking signs on Kearney Street at Third Avenue Dear Mr. Rivera: I am writing this letter asking that you consider placing 2 hour parking signs on Kearney Street at Third Avenue for the use of the patrons of my beauty shop, as well as business tenants in the same building. .. You will find below signatures of persons joining me in a petition to have these signs placed. Sincerely, " '.~~;(j de /.. ~-r ~ (" Elizabeth Lee EL :vn "~1/~C 'Zfl dI&Vf~~~~ ~ ame A dress I one ,. ~ ~ ~ -..- " ...... J{.c (A. ~I f'llJ ~ I I ~" J///'~ / . (" J( ~(~~. b J) c o p V \ " Elizabeth C. Lee 745 Third Avenue. #lC Chula Vista, CA 91910 (619) 427.8080 January 6, 1996 . ..' Frank Rivera Traffic Engineer 276 Fourth Avenue Chula Vista, CA 91910 Re: Placement of 2 hour parking signs on Kearney Street at Third Avenue Dear Mr. Rivera: I am writing this letter asking that you consider placing 2 hour parking signs on Kearney Street at Third Avenue for the use of the patrons of my beauty shop, as well as business tenants in the same building, You will find below signatures of persons joining me in a petition to have these signs placed. . Sincerely, Elizabeth Lee , EL:vn ~~,~ Name A ress '. ~ .,.. rat71 ...J.J= (1) 1IJ..-4 (1)..-4 ... = > (1) .,..j (1) t71ra= ra =......-4 ... r>Q =' t71 ~(1)D~ ..-4 J.J ID I:I::ra.....u 01 ..-40..-4 ..... .I<: U ..... ID = 0 >,..... N rallJJ.Jra ..... ... 1IJ..-4'" ~ li<<<tJE-< IIJ . (1) (1) nll.o.<:: E :- 01 J.J..-4 01 J.J (1)~ t71 =' =..... = ...-40 (1)ID...J.J >N=,= <>,'o=, ...... 0 raraJ.Je :E=,=ra = (1) ....rallJ(1) (1)":)(1).<:: CI ... 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Z" QN 1<1...... ~.... )<ID <1;0'1 Q...... U)I"\ r.:IN i=:::t ID )<0'1 0(...... ~~ 0...... :1:.... 1<1 '" 1"\ 0'1 '" ID 0 ... ID N '" 1"\ .... '" r- ... .... CIJU) ... ... N ... ID 0 ,., 00 r- ... r- ;2 0'1 ID '" ID ID Z1<I 0 N '" 0'1 ID ... .... ... '" '" ,., .... ... 0 III .... 1<If-< ~ r- a.:: 1<1 1<1 C. i r- ,., ~ N >< ~ eo. CIJ 00 t5 ~:s .... r- .:I ~ C. ~ ,., 0'1 III 00 IQ &1 ~ .:I IQ ~ Q IQ 1<1 &:10: ... N )< .:10.. .... .... ,., N N ,., N ... ,., .... ,., .... ,., N ,., .... N ~ ~ ~~ ~m CIJ~ ~M a.::~ ~I III I I ( J / /,-25 ...... .",,,,, >...'" ~ f ~ .-6 ~~ ... ...... 0 00 . '@-3~ ~~ . . . ~ ti~ 8. . 188 111 "'...... i~~ -- ...... ... ~ ~ ~ /J/J/J . . . ."'" .. ; . ( , Safety Commission Minutes February 8, 1996 Page 4 . ,. R.-nnrt nn Inrr@,uin. S~ Limit~ on Mavw@1I .nall Htw~n Otav Vall.v Rnad and 1M Landfill ~ntranl". ., MSC (Miller/Smith) to recommend that the City Council Hopt an ordinance amendinl the Municipal Code Increulnl the speed limit on Maxwell Road between Otay Valley Road and the landfill Entrance to 35 mph. Approved 6-0-1 with Commissioner Acton absent. 8. .@DOrt ftn Int"p@atiin. ~ Limitti on Olav Valle\' aft:.., h.~ Brandvwift@ Av.n.... and Nirvana Avenue MSC (Miller/Smith) to recommend that the City Council adopt an ordinance _dine the Municipal Code Increuinl the speed limit on Otay Valley Road between Brandywine Avenue and Nirvana Avenue to 35 mph. Approved 6-0-1 with Commissioner Acton absent. 9. Rennrt on Renued for tWOoohour Par:lc.intl Limit on north side of Kearn,,\' StrHt flaIl of Third Avenue Frank Rivera presented staff's report. Chair liken asked if the parking survey was completed before or after the Lucky's Store opened. He also asked if postal employees were parking in the Lucky's parking lot. ( Frank Rivera responded that the parking survey was performed after the Lucky's Store opened. Regarding the postal employees, he did not have any information. The Post Office had an agreement with the previous property owner for parking. Ms. 'andra Boyle, 739 Church Awnue, Chula Visla, CA 97970, said if motorists were displaced with two-hour parking, they would end up in front of her residence. The requestor of the item had turned a residence into a commercial business, a hair salon. There was underground parking. The salon's employees were already parking on the street in front of residences. The parking structure housed a parole office which did not allow parolees to park in the structure. Some motorists parking on the street could park in the structure, but didn't. Ms. Joan Berg, 270 Kearney Slreel, Chu/a Visla, CA 97970, said there were many elderly people in the area and the 'people who parked on the street all day made it difficult for the elderly people to get in and our of their homes. If two-hour parking was installed, the motorists who parked all day would be parking up to Del Mar Avenue. She felt a lot of the vehicles belonged to postal employees. She had complained to the Postmaster and was told that it was a public street. Chair liken asked if there were parking space requirements for the Post Office and the Plaza. Frank Rivera said parking space requirements were determined on a square footage basis. Postal employees found it easier to park across the street. It was legal for motorists to park on the street. Vice-Chair Miller agreed with the residents that if time limited parking was installed, residents further Iway would be affected. She said the Post Office should be contacted to try and come up with other options such as parking in the Lucky's lot, rather than impact the residents. Chair liken asked if the residents were notified before a trail traffic regulation became permanent in order to express their views and opinions. Frank Rivera responded that the residents would be notified before In item would become permanent. If the time limited parking was installed for the eight month period and area residents felt it had not been beneficial, the time limited parking could be removed at that time. ~/ -cl t" UNOFFIC' A' Mr~" ,..,.C'C' " ( Safety Commission Minutes February 8, 1996 Page 5 MSC (BierdlLiken) to recommend the ~lishment of a Trial Traffic Resulation to provide a "Two Hour Parkins Anytime between 8:00 a.m. and 6:00 p.m. except on Sunday and Public Holidays. limit on the north side of Kearney Street between Third Awnue and Church Awnue. Approve 5-1-1 with Commluioner Cochrane votinS no and Commissioner Acton absent. Commissioner Cochrane said he voted apinst the item because he felt there was sufficient parkinl beinl denied to motorists forced to park on the street, such as the parolees. If they were required to visit the office, they should be allowed to park in the plaza. He felt it needed to be resolved before inconveniencins residents. Vice-Chair Miller asked about contactinl the parole office to discuss their rationale for nOlleltinl patrons park in the structure. MSC (Liken/Bierel) to have staff contact the Post Office and Plaza at Third and Kearney about resolvins the issue of patrons not being allowed to park in the structure and report back to the Commiuion. Approved 6-0-1 with Commissioner Acton absent. , O. R@DOrf on 1996 Traffic ~it!nal Modification li~t Commissioner Bierd wanted to know why the intersection of Third Avenue and Orange Avenue was not on the list. t Frank Rivera responded that Third and Orange Avenues was part of the City's Hazard Elimination Prolram which was funded by a grant from the Federal Government as part of the 1995-96 year. Because the Federal budset had not been approved, the work could not proceed. The project milht need to be re-advertised. Chair Liken questioned why the audible pedestrian signal for Third Avenue and J Street was on the list, when at the previous meeting, the Commission indicated they did not want to wait for the new fiscal year, but wanted the signal installed as soon as possible. He wondered if it would be appropriate for the item to be referred to Council at the next possible meeting expressing the need for the audible silnal. MSC (Liken/Cochrane) to recommend to the City Council the five safety related traffIC sisnal modifications with the exception that the audible pedestrian sisnal at Third Avenue and J Street be Installed Immediately if funds were available in the FY 1995.96 budget. Approved 6-0-1 with Commissioner Acton absent. 11. R.Dort on 199ft Traffic Sitrnal Prinritv list MSC (Smith/Cochrane) to approve staff's recommendations fOf' sisna1lnstallation. Approved 6-0-1 with Commissioner Acton absent. 12. Oral Communication~ ( Mr. SIP... Letchworth, iDO &It J Street, Chu/a Vi"", CA ""0, was respondinl to Vice-Chair Miller's motion for the all-way stop evaluation at Lori Lane and East J Street. He lived at the corner and did not want a stop siln at the intersection. He had been told by Mike Donnelly, Assistant Ensineer II, that the limit line on Lori lane had been moved back approximately five feet over a previous positio:1. Therefore, vehicles needed to "inch out' after making their stop. Other motorists felt they made their stop and then were not carefUl proceedinl throulh the intersection. He would rather give up street parkins in order to improve silht distance. //~.2 ') Mr. John Howard, J JSO Ar6usto CorIP, Chul. V"/Sf4 CA "" J, If"'ved in the development on the corner of Paseo Ranchero and East J Street. At some point the commisUNOFnFiclALfONflNUTESEast J . , \ E. For me proper re,wation, __I and INpection 01 putdna and InIIic upon die ,ulic _a; F. To be pl.dled u ItCIIrity for Ibe pIJIIItJlt of principII. iIUeNt on otr-nrttt putinJ rtftnue bonds Is.ued by Ibe city or III)' Park1na dimict orpnIIed withID Ibe city. (Ord. 97311 (pan), 1966; prior cOde 119.17.13). 10..s6.270 PenaIr..... I 11r-"'IrL_d &'&..."'11106- .....1>.1. NotwithttalldInJ III)' oIber provIslOllt of ibis chapter, dItre it llenby ..bllshed a .,.um of permit . parkinl which the &lance o!!ice lIha11aclmlrllster aubjtct to die ItaIIdards . provIsIont tat fonh iD SectlOIIt 10.56.280 IbroIlJh 10.56.320 (0nI.973 11 (pan), 1966; prior code 119.17.14 (pan)). 10.56.2'" Pcmir partiDa.......... -.. -&.- W L_.,..,n....... III tho.e parkinlllletar IOnes and municipal putdna Iou appnved by ordinanc. of die city collllC!l. and de.aibed in $ectionl0.56.290 and Schtdul. Xli mached bemo. made a ,an oflbit chapter, 110 penon .hall park any vehicle upon any of die foDowinl pul>1ic putinJ Iou owntcl or openM by Ibe city except when .uch vehicle it parked in accordance with re,watiOllt 011 appropriate .ips trtettd Jivinl notice of the requlrelllena to display the permit par\dnJ ul (or for a desipM tlDployaa parkIn,lot, a valid pennil parkins.ticker olitained from che DIrector of Panonnel iD die _II' nqulrtd by SectIon 2.56,310) and then onJy for che dlll"ltion .pecified in ..id Schedul. Xli and 011 said aipt. (Ord. 2436 16. 1991; Ord. 213111. 1985; Ord. 97311 (pan). 1966; prior code 119.17.14(0). lo.s6.290 PermIt partiDa.Anaa ~F---- ScJo.....&yJ. XII. Punuant to Vehicle Code SectlOIIt 22508 and 22519. iD' accordanct widl SectlOIIt 10.56.270. 10.56.280. pliblic parkinlloa 1.10 (parkinl meter 1OIItt) ancllbe employaa putinJ lot on die lIorth .lcIe of T Street west of intll'ltCtiOll with Fourth Avenu. are alIo duiJnated a permit putinJ area wherein vehicles displayinl appropriate parkinl penniu or upllha11 be aDowed to part iD IptctllO marked for up to nine houn (all day). (Ord. 248813, 1991; Ord. 243617, 1991; Ord. 213111,1985; Ord. 97311 (pan). 1966; prior code 119.22.1 (pan)). . . 10.56.300 PcmiD . TIpCGIt-hri04 ., validiQ-PIoDI *'1.... r-.I wbm. Said par\dnJ penniu IIha11 be told to ~ a caltlldar quarter 01 dIrtt mondll duradon only, Cor Ibe . Required FeeC'), Said up may be obtalntd at Ibe city &lance ollie.. App1icallll1llUlt be merchanu or tlDployeea of lIIerchanu ownInIor operatinl bo.....w... widIIn Ibe DowDIDwIIIulIn... Ana or City oI!ictn on behalf of City tmp\.,... anlptd to Nonun Park CIIIter. Appll#,,,,,, may nqIItIt a prwadoJI of die quanerly fee If dlay are purdluinl pennit for Ibe balance of Ibe caltlldar quarter. . IUcb proratIOII aba11 be IIIIde at die tol. diIcntIon of lb. !nanc. ollie.. 110 oIber pnndoII aba11 be aDowtcI. 'or tlDpl.,... anillled at City Hall. permitI may be obtaintcl from the Dbfttor 01 Penonnel for putinJ iD the adjacent tlDployee par\dnJ lot. (Ord. 250611 (pan), 1992; 0nI. 341114,1991; Ord. 2436'" 1991; Ord. 213111, 1985; 0nL 973 11 (pan), 1966; prior code 119.17.14(1)). //J,y ~ 6192) 686 , { Qapter 10J16 PERMIT PAJUClNG IN RESJDEI'mAL ZONES &ecdom: 10.16.010 P\IrpoIe and mtll1L 10.16.020 Permit pmml iD _ of lime lillliratiom. 10.86.030 Cltatiou of pcmIt whicI.. 10.16.010 P\IrpoIe md mtmL The plI%po.e and intent of the cily cOlUlcD in adoptinl Section 10.86.010 throuah 10.86.030 is to e.tablish procedure. for the is.uance of permiu to ruidential properly owners or tenanu to enable .uch person. to park their vehicles in the .trelt adjacent to their bome. for period. in exce.s of the rime limitation established for parkins on .uch .lreets. (Ord. 1904 11 (pan), 1980). 10.86.020 PemUt parkins in excess of lime limitations. Any owner or tenant resident of property located on I re.idential.lreet which his I two.hour parkins limitation may obtain at no coSt, by .howins proof of address and vehicle resi.lration, a permit from the director of finlnce which IUthoriZes Slid vehicle to be parked on re.identill Slrttt., a. de.isnlted on .Iid permit, where I two. hour time limitation has been impo.ed in excell of said time limitation. (Ord. 1904 11 (part), 1980). 10.86.030 Citation of permit vehicles. Police officers or other person. chlrsed with the duly of enforcement of traffic reJUlltions in the cily .ha1l not issue citltion. to any vehicle di.pllyinS the authorized permit issued by the director of finlnce resardless of the lenzth of time thlt said vehicle may be parked on any midentialSlrttt on which I two-hour parkins time limitltion hi' been imposed; provided, bowever. .uch permiu .hll1 not authorize parkins in excess of the .evenly-two.hour limitation as imposed by Section 10.52.100. (Ord. 190411 (pan). 1980). -- / /- 7 C; /, c--.... / 713 (It 11/91) .esident 01 Church Avenue :hula Vista, CA 91910 Resident 702 Church Avenue Chula Vista, CA 91910 ( .lent D7 Church Avenue :hula Vista, CA 91910 Resident 710 Church Avenue Chula Vista, CA 91910 .esident 14 Church Avenue :hula Vista, CA 91910 Resident 717 Church Avenue Chula Vista, CA 91910 :esident 21 Church A venue :hula Vista, CA 91910 Resident 722 Church Avenue Chula Vista, CA 91910 ~esident 28 Church A venue :hula Vista, CA 91910 Resident 730 Church Avenue Chula Vista, CA 91910 ~e'" '''nt . ',~ _Durch Avenue :nula Vista, CA 91910 Resident _, _ 736 Church A venue Chula Vista, CA 91910 V :\ c "J ~. :I lesident 39 Church Avenue :hula Vista, CA 91910 Resident 740 Church A venue Chula Vista, CA 91910 {esident . 46 Church Avenue :hula Vista, CA 91910 Resident 761 Church Avenue Chula Vista, CA 91910 ~sident 169 Church Avenue ::hula Vista, CA 91910 Resident 772 Church Avenue Cbula Vista, CA 91910 u:sident '77 "'hurch Avenue - \ . Vista, CA 91910 Resident 778 Church Avenue Chula Vista, CA 91910 J/ -_? {J <<sident 782 Cburch Avenue .~ Vi.~U\.. Co\. Q1Q1O Resident 786 Church Avenue Chula Vista. CA 91910 Resident 706 Church Avenue Chula Vista, CA 91910 Resident 713 Church Avenue Cbula Vista, CA 91910 Resident 718 Church Avenue Chula Vista, CA 91910 Resident 725 Church Avenue Chula Vista, CA 91910 Resident 732 Church Avenue Chula Vista, CA 91910 Resident 737 Church Avenue Chula Vista, CA 91910 Resident 745 Church Avenue Chula Vista, CA 91910 Resident 765 Church Avenue ChuIa Vista, CA 91910 Resident 773 Church Avenue Chula Vista, CA 91910 Resident 781 Church Avenue Chula Vista, CA 91910 Resident 787 Church Avenue C<,.h Vist<!. CA 91910 tesidem Resident Resident '~O Church Avenue 791 Church Avenue 794 Church Avenue :ilula Vista, CA 91910 Chula Vista, CA 91910 Chula Vista, CA 91910 ( ...:nt Resident Resident 96 Church Avenue 798 Church Avenue 158 Kearney Street :hula Vista, CA 91910 Chula Vista, CA 91910 Cbula Vista, CA.91910 ~esident Resident Resident 61 Kearney Street 270 Kearney Street 283 Kearney Street :hula Vista, CA 91910 Chula Vista, CA 91910 Chula Vista, CA 91910 JSPO Occupant Occupant 50 Third Avenue 745 Third Avenue, Suite A 745 Third Avenue, Suite B :hula Vista, CA 91910 Chula Vista, CA 91910 Chula Vista, CA 91910 :lizabeth Lee 45 Third Avenue, Suite C :hula Vista, CA 91910 Occupant 765 Third Ave., Ste. 100 Chula Vista, CA 91910 Occupant 765 Third Ave, Ste. 200 Chula Vista, CA 91910 Icr''''ant d .Iird Ave., Sle. 212 .nula Vista, CA 91910 Occupant 765 Third Ave., Ste. 300 Chula Vista, CA 91910 Occupant 765 Third Ave., Ste. 301 Cl}ula Vista, CA 91910 Iccupant 65 Third Ave., Ste. 305 :hula Vista, CA 91910 ( ) / -~? / , ( February 29,1996 Mr. Frank Rivera Traffic Engineer 276 Founh Ave. Chula Vista, CA 9]9]0 , ..~456769 . ,.. l. . ~ 0.,., '. ~ , ~ . ~- ~ \\.~\\~\.~ ,~~ . ( near Sir: I am a customer of the Blue Haven Coiffures at 745 3rd Ave., Chula Vista. The shop itself opens onto Kearney St. For the last six months there have been no parking spaces in front oft~e Blue Haven on either side of Kearney Street, nor indeed in that entire block ] understand the spaces are being used by the employees of the Post Office and that the cars remain there all day, till the employees' shifts are over. The postal employees have a lot of their own, and by using street parking they are depriving businesses of space for their customers The customers seldom need more than two hours for their appointments, so it seems logical that a 2-hour parking sign on Kearney Street would alleviate the matter. If the residents of Church St. have concerns that the Post Office employees will park all day in front of their houses, maybe a 2-hour parking sign on Church St. would be advisable also Those who live on Church could be given placards to put on their cars and their guests cars in order to avoid tickets It does not seem fair for a small business to lose customers because of lack of parking spaces when these spaces are being used by people who already have adequate off street parking provided for them I hope you will consider the 2-hour parking signs as a solution to this problem. Sincerely, ~'1J;~;;)~ J/ - 'J -1 ._J.....L- CTIY COUNCIL MEETING NOTICE March 6, 1996 ,Our records indicate tbat you may have an inIerest in an item appearing before the City Council on "Tuesday, March 12, 1996. It Is starrs recommeadatiOD that the City COUDclIapprove a trial traffic <npJatIon establlsblDg two hour time limited parIdDg, except lID SUDdays IIDd boIIdays, on the aorth t '.If Kearney Street between 1bird Aveaue and Church Aveaue. This meeting will be beld in Council Chambers of the Public Services Building, 276 Founh Avenue. The building is loc:aIed at the northwest corner of Fourth Avenue and F Street. The meeting will start at 6:00 p.m. If you have any questions about the repon, please COIWICt Frank Rivera, Associate Traffic F"'gi"""r, 81691-5237. COMPLIANCE WITH AMERICAN WITH DISABILITIES ACT The City of ChuIs Vista, in complying with the Americans with Disabilities Act. requests individuals who may need special accommodation to access, attend, and/or psrticipate in a City meeting, request such accommodations at least 48 houn in advance. Please CODtaCt Shirley Buxton at 691-5021 for specific information or to place your request. Service for the hearing impaired is available 81 585-5647. CITY COUNCIL MEETING NOTICE March 6, 1996 Our records indicate tbat you may have an interest in an item appearing before the City Council on Tuesday, March 12, 1996. It Is staf'l"s recommeadatiOD that the City COUDCU approve a trial traffic regu1at11lD establlshiDg two hour time Umlted parIdDg, except on SUDdays and holidays, on the aorth side of Kearney Street between ThIrd A venue and Church Avenue. This meeting will be held in Council Chambers of the Public Services Building, 276 Founh Avenue. The building is located at the nonhwest comer of Fourth Avenue and F Street. The meeting will start at 6:00 t If you have any questions about the repon, please COIWICt Frank Rivera, Associate Traffic Engineer, at 091-5237. COMPLIANCE WITH AMERICAN WITH DISABILITIES ACT The City of Chula Vista, in complying with the Americans with Disabilities Act, requests individuals who may need special accommodation to access, attend, and/or participate in a City meeting, request such accommodations at least 48 hours in advance. Please contact Shirley Buxton at 691-5021 for specific information or to place your request. Service for the hearing impaired is available at 585-5647. CITY COUNCIL MEETING NOTICE March 6, 1996 Our records indi~t~ tbat you may have an interest in an item appearing before the City Council on Tuesday, March 12, 1996. It Is starrs recommeadatlon that the City CouncU approve a trial traffic repJatIoa eItabUshiD& two hour time limited )IIII'kin&, except 011 SUDdays and holidays, on the aorth side or Kearney Street between 1bird Aveaue and Church Aveaue. This meeting wID be beld in Council n..m~ of the Public Services Building, 276 Founh Avenue. The building is Ioc:aIed at the northwest corner of Fourth Avenue and F Street. The meeting will start at 6:00 p.m. If you have any questions about the repon, please contaCt Frank Rivera, Associate Traffic F'Igi"""r, at 691-5237. / COMPLIANCE WITH AMERICAN WITH DISABILITIES ACT I The City of ChuJa Vista, in complying with the Americans with Disabilities Act, requests individuals who may need speciallCCOmmodation to access, attend, and/or participate in a City meeting, request such accommodations at least 48 hours in advance. Please contact Shirley Buxton at 691-5021 for specific information or to place your request. Service for the hearing impaired is available at 585-5647. //~-7J COUNCIL AGENDA STATEMENT Item~ Meeting Date 9/17/96 ITEM TITLE: SUBMITTED BY: Report on proposed changes to Chula Vista Transit (CVT) routes serving Southwestern College Transit Facility Director of Public Works ~ City Manage~ , ~\ (4/5ths Vote: Yes _ NoX) REVIEWED BY: The Southwestern College Transit Facility is scheduled for completion in October, 1996. Four CVT Routes - 704, 705, 709 and 711- will serve the facility. Staff is proposing routing and schedule changes to Routes 705,709, and 711 to provide improved service to Southwestern College and the Eastlake and Bonita areas. These proposed changes result in an annual net increase of 12,561 miles and an estimated annual net cost increase of$15,000 based on FY 1996-97 operating cost. (Net cost is operating cost minus fare revenue). These changes, if approved by Council, will become effective in October 1996, after reprinting of the new route schedules, CVT system map, and public notification of the changes. Attachment I is a petition from residents of the Gotham Street area requesting removal of Route 705 trom Gotham Street, thereby supporting staff recommendation. Prior to tonight's meeting, notification of the proposed CVT changes was placed on Routes 704,705,709 and 711 buses, and a mail notice was sent to Southwestern College, and to the individuals who signed the petition (Attachment I). RECOMMENDATION: Routes 705, 709, and 711. That Council accept the report and approve proposed changes to CVT BOARDS/COMMISSIONS RECOMMENDATION: Not applicable. DISCUSSION: Exhibit I shows the four CVT routes that currently serve Southwestern College and the Eastlake area. Route 704 is the only route that enters the Southwestern College campus; the other three routes board and deboard passengers on Otay Lakes Road. Exhibit 2 shows the proposed changes to Routes 705, 709 and 711, with no change proposed for Route 704. Although these changes will be discussed in detail later in this report, the major changes are the following: all four routes would serve the Southwestern College Transit Facility Route 705 would terminate at the Transit Facility, and the GothamlRutgers/Otay Lakes Road loop would be eliminated Route 709 would serve the Transit Facility on both the outbound and inbound trips; service would be extended to Eastlake High School/Library; and extended around Lakeshore Drive. /;:-/ )1 Page 2, Item ' ,--., Meeting Date 9/17/96 Route 711 would terminate at Southwestern College Transit Facility, therefore operating between Plaza Bonita and the Transit Facility, and service to the Eastlake area would be eliminated. In addition, the route would be changed to operate on Valley Vista Road instead of Mesa Vista Road. Following is a more detailed discussion of the proposed changes to Routes 705, 709 and 711. Route 705 Routing Change: Staff is proposing to eliminate the Route 705 loop on Gotham Street, Rutgers Street, and Otay Lakes Road, and terminate the route at the Transit Facility. The main reason for the Route 705 loop, when the route started years ago, was to turn the bus around, since there has not been sufficient space on the College campus to accommodate this route. Recent SANDAG passenger counts indicate daily boardings and deboardings on the Route 705 loop of only twelve passengers. In addition, staff has received calls from area residents requesting elimination of bus service in that area if possible due to bus noise and low ridership. It is staff's opinion that elimination of this loop would have minimal impact on existing riders, since CVT Routes 705, 709, and 711 operating on East H Street and Otay Lakes Road will provide service within walking distance of this residential area. Schedule Changes: Route 705 currently operates between 5:55 a.m. and 10:30 p.m. Monday thru Friday; 7:30 a.m. to 8:45 p.m. on Saturday; and from 8:25 a.m. to 8:45 p.m. on Sunday. No major changes are proposed to this schedule, although minor adjustments to trip times will be made to coordinate service with Southwestern College starting and ending class times. Annual Mileage/Cost Change: The proposed Route 705 change will result in an annual decrease of approximately 25,114 miles, and an estimated net cost savings of approximately $30,000. Route 709 Routing Changes: Under the proposed changes, Route 709 would serve the new Transit Facility on both the inbound and outbound trips; service would be extended to Eastlake High School/Library; and service would be extended around Lakeshore Drive in order to provide additional service to the Eastlake area and to provide a turn-around for the bus. In conjunction with this new Route 709 service to Eastlake High School/Library, Route 711 will no longer serve this area, but terminate at theTransit Facility. Schedule Changes: Route 709 had a ridership increase last fiscal year of approximately 10%, and is one ofCVT's most productive routes. Accordingly, staff is proposing to increase service frequency on this route from the current headways of approximately 45 minutes to 30 minutes, and to add service on Sunday. Therefore, under the new proposed schedule, Route 709 would operate Monday thm Friday from 6:20 a.m. to 9:50 p.m.; on Saturday from 7:30 a.m. to 7:10 p.m.; on Sunday from 9:00 a.m. to 5:40 p.m. Annual Mileage/Cost Change: The proposed changes to Route 709 would result in an estimated annual increase of 74,790 miles, or a net cost increase of approximately $89,000. This estimated cost increase includes the more frequent service, Monday thru Friday, and the addition of service on Sunday. jc2 - ~ Page 3, Item Meeting Date 9/17/96 Route 711 Routing Change: Route 711 is proposed to operate between Plaza Bonita and Southwestern College Transit Facility, eliminating service to the Eastlake area. More frequent service to the Eastlake area would be provided by Route 709, as discussed previously. In addition, a change in routing is proposed, adding service on Valley Vista Road to Sweetwater Road, and eliminating service on Mesa Vista Road to Sweetwater Road. SANDAG passenger counts show only I daily boarding and 2 daily deboardings on Mesa Vista Road. A resident of this area and Route 711 rider contacted Transit staff and suggested the rerouting on Valley Vista Road to serve a greater number of potential riders in the area. Schedule Change: Route 711 would operate from 6:00 a.m. to 6:50 p.m. Service frequency would be a I hour headway compared with the 1.5 hour headway under the current schedule. Annual Mileage/Cost Change: The change to Route 711 would result in an annual reduction of approximately 37,115 miles, resulting in an estimated net cost savings of $44,000. In summary, these proposed routing and schedule changes for Routes 705, 709, and 711 should result in better service for all CVT passengers, including those destined for Southwestern College and the Eastlake area. FISCAL IMPACT: The estimated net annual mileage impact ofthese routing and schedule changes is an increase of approximately 12,561 miles or an estimated annual net cost increase of $15,000. The net cost increase is based on the CVT operating cost for FY 1996-97, and assumes a 45% fare box recovery ratio. Since these changes would become effective in October 1996, the estimated net cost increase for the remaining 9 months of FY 1996-97 is $11,250. There are sufficient funds in the FY 1996-97 Transit Division budget to implement these changes as proposed. All CVT operating and capital costs are funded by Transportation Development Act (TDA) Article 4.0 funds. Attachments: Exhibit I - Existing CVT Routes serving Southwestern College and Eastlake Exhibit 2 - Proposed CVT Routes serving Southwestern College an Eastlak~ . . tJ Att:id:U;18Rt 1 PatitisR frgm resiaeHts ift Lt.", Ovtlu.'tlU Stf0at ar~a ~ ~ File No. DS-016 M:\HOME\ENGINEER\BILLG\CVT.BG Jr-2 ~ '3 g == i2 S'" ~ {Ij @ ~ ~ ~ V> ;::t . " {Ij . 0 15" ""<PUOJ8 .... ~ '~^V eu! '""" ~ :< 1;' 30 0 3~ c c :l.o '<< xiii" as" TI\ " '" ~ x s:: :;j;: (1) ~ '" () en l'J 0 CD ~ .... ..... " ,.... ....., ..... <: OJ CD ,.... (1' =' ,.... ....... CD "1 =' "1 '" en 0 () tV " <: l'J '" (1' >-3 en :J' e~l~ (1' >: " ..... CD 0 '" en " ,.. (1' (1' CD CD CD " en j~. ~~ =' J ') ~ L/ .~ z.. e ~ (~~ ~ g ;:: " 5" 0 ,. s: !II en ~ @ ~ ;:s :t en ... .-;. -'1 t' 30 3~ . . ~ 0 ~... I .q~ x!!. a. f"1\ ~ e. >< ~ '- ~ ~ n"'", '. <1> o ro " 'I fJ) ....."0 .....<'0 ~ ro 10-'" 0 ::> rn ro <Q ro 0. {/'>'" o n t'j" <: '0 "'.....>-3 rn ::r ..... >: ~ .....roo ~~I~ '" rn " ............. ro ro ro " "' --- ::> )~ - S j~ ~~ ~ d~ ~ z ~ e It-rr frC {f /'1 e7v'1 I September 3, 1996 From: Sue Blo~mquist To: Mayor & Chula Vista City Council . .. ~... . . . . Subj: Chula Vista Bus Transit Operation on Gotham Street Ref: (A) My phone conversation with transit coordinator Bill Gustafson Encl: (1) Gotham Street resident Il;:it~C~City.cotJncjliuan Padi1la..':':"~ ., -....Att.,...'\~ '.~,. 1. As per i-eierenc~ (A) I request you give favorable consideration to the wi'd{dPawalofthe-Gotham Street bus route. The construction of a new bus S~Qdti. a(Southwestern College no longer requires using Gotham as a turnaround. . . T" 2. As a long time resident of Gotham, I have witnessed the busses speed by daily from 6:30 am to 9:30 PM with few if aD! passengers on them. The past 16 years we have endured air and noise pollution and a potential drop in property value for services that are in effect providing little value for our tax dollar. Additionally, as enclosure (1) vividly indicates, these busses pose a very dangerous hazard for our children due to the busses unwillingness to slow down and obey traffic regulations. 3. The below Gotham street residents support the decision to cease operations of the Chula Vista Transit operations bus route on Gotham street. We request you honor our signatures at the council meeting scheduled on September 10, 1996 to discuss this matter. Sue Blomquist The below signatures (and on the back) request termination of the Chula Vista Transit bus Gotham Route. NAME SIG A TV . SO~ gt()~GLU;5T M,\<..~~I'~'~l.\~J~\\.~.~. ~~ ACE: Wd\I~~S A uJ~ 41ft.Vr::-tStkA- ~Irl.o~d~ 5hCu1f1on CkJdtJ.- ~ (J4Ji- A(f~5A~e[OD ~ ~ .{:Jh.K-LLAJ r. k u).I(L .1?J AJ l ) ;Uf)Sm ;:--z/~ fY} lJ f?1 c. (f-' Lu......~ ~t'L ~J<~ t;/!-yL kd:dJ-i/~ vr;tLfl)..~ \N~Y\.cLq Wh:+-'C. W~~~ 7)cX./6 :3 oj'Y V~ ~i2 :.J;I2L ~l.i;M..<1(c./I:rr j/~7L~.-t J<z. A N <LITe ~S'~Q.o1\Il F /2-,oNk Y hi:; ""CL"JT &Ep,T{lu o"s. CMtUf) 4..J;;;J; ~ . (/<<)v5' G4i(C-/4 r h~---..:5 ~&.~ ~I U<... ~oe.Por1 ~.~.l,~ /2~~ /-2~l 15 July,1996 From: Frank P. Yasment To: Mr. Steve Padilla Subj: Gotham Street Traffic problems Ref: (A) July 15th 1996 phone conversation between myself! SGT Gene Deblanc c.y. Police supervisor (B) July 15th 1996 phone conversation between Myself! Mr. Richard Sanchez C.Y.Public Transportation supervisor 1. I am a homeowner at 1780 Gotham street and have had many discussions with SGT Gene Deblanc C.Y. Police with regards to speeding problems (both auto and bus) on Gotham street. However, a very close call on Saturday July 13th leads me to believe that even with all of those discussions I need additional help. I am now turning to you and the city for that help. 2. At 2:30 on Saturday 13 July I was backing out of my residence at 1780 Gotham street to proceed east on Gotham street. (The other direction away from Southwestern College) I noticed a C.Y. Transit bus proceeding in my direction but since it was near the first stop sign on Gotham street ( Approximately 1/4 mile) I calculated I had plenty of time and backed out. After backing out and checking my rear view mirror I noticed the bus was directing behind me. (Thus his rate of closure would lead me to believe he wasn't proceeding at the residential 25 MPH limit.) I was a little startled at this but as per paragraph 1, not surprised. I continued approximately 100 feet East on Gotham street to the stop sign at the intersection of Gotham and Cornell - planning to turn left at the stop sign onto Cornell. Just as I was about to turn left on Cornell the c.Y. Transit bus #0023 went around to my left through the stop sign (about 15 MPH) and proceeded East on Gotham and down the hill toward Rutgers. I was appalled by this flagrant disregard of law by a public conveyance-not to mention the disreeard for public safety as Jfd1... Had I turned left 2-3 seconds earlier, the bus would have slammed into my vehicle and more importantly the rear passenger door where my 10 year old daughter was sitting. 3. Discussion with SGT Deblanc (Ref A) reveals they will again keep an eye out on the traffic and in particular the buses on Gotham street. (I have talked to SGT Deblanc on numerous occasions with regards to the traffic on Gotham especially when children are coming and going to school at Tiffany on Elmhurst. Mter our discussions traffic for a period of time momentarily slows but then back to normal. From my "close call" on Saturday 13 July it appears we are back to /cl ~y EfJC-LusuR.f normal on Gotham street. 4. My discussion with C.V Transit supervisor Mr. Richard Sanchez today (Ref B) revealed a desire on his part to talk with his bus drivers and in particular the driver of bus 0023 on 13 July. However as per paragraph 3 I have heard that before. Traffic will slow for a month and then go back to the Gotham speedway. 5. My incident on Saturday and discussion with other Gotham street residents indicate a "City" involvement is needed and I am turning to you. A permanent fix is needed before one of our children is killed on Gotham street. Tuesday evening class commitments preclude me from addressing the Council on this matter. I trust by this letter that you can do this for me. If not I will defmitely take time off that Tuesday commitment and talk with the Council. Public safety is a prominent concern for me and we have lost that on Gotham street. 6. We have not personally met as we have just returned to our home in August 1995 on Gotham Street after nine years. However, I am sure our paths will cross as I am a very concerned citizen and will not tolerate blatant disregard of established regulations (especially by public servants) when it endangers our lives and property. ~~ 1780 Gotham Street Chula Vista Ca. 91913 (619-421-8998) /' ? ~Q {~ I COUNCIL AGENDA STATEMENT J'? Item ~ Meeting Date 9/17/96 ITEM TITLE: Report on Reestablishment \>t' University Task Force . \ SUBMITTED BY: Assistant City Manage~~ ~\ Director of Planning m:" REVIEWED BY: City Manager Jl~ \.:A,' ~~\ (4/5ths Vote: Yes_NoX) On July 17, 1996, the City Council voted to ~establish the University Task Force, to work with City staff in evaluating the currently designated University site on Otay Ranch, as well as other options which are being evaluated in conjunction with the Multiple Species Conservation Program (MSCP) subarea plan for Chula Vista. Since that time, staff has contacted the previous members of the University Task Force, to determine their interest in participating again on this Task Force. RECOMMENDATION: That the City Council ratify the membership of the University Task Force, and direct staff to initiate meetings of the Task Force to consider current issues related to the proposed University site. BOARDS/COMMISSIONS RECOMMENDATION: Not applicable. DISCUSSION: As indicated above, staff from the Mayor/Council office has contacted all of the previous members of the University Task Force, to determine their interest in participating again on this Task Force. Attachment 1 provides a listing of the responses which have been received. At this time, staff has received affirmative responses from 13 individuals (see attached). We would recommend that the Council ratify these individuals as members of the reactivated University Task Force, and direct staff to schedule a meeting with them as soon as possible to begin their review of current issues regarding the University site. As indicated to Council when this matter was brought forward in July, it is staff's intent to provide information to the Task Force regarding the currently designated University site on Otay Ranch, as it pertains to the draft MSCP Subarea Plan for Chula Vista. The draft subarea plan provides for evaluation of the currently designated site, which includes Otay Ranch Villages 9 and 10, as well as approximately 400 acres east of Salt Creek Canyon. In addition, the draft subarea plan also provides for evaluation of a reconfigured site east of Salt Creek Canyon (approximately 288 acres in size) which would have less impact on sensitive habitats than the /3-/ J:J Page 2, Item _ Meeting Date 9/17/96 currently designated site. Also to be evaluated would be alternative locations for a University site within the Chula Vista planning area which would meet the City's overall objectives for attracting a University of California campus or other equivalent four-year university. (It should be noted that we have retained Rilcki Alberson, a biological consultant with specific expertise in multiple species habitat planning, to provide input to staff and the Task Force on these issues.) We would anticipate meeting with this Task Force during September and October to provide them with information regarding these options, and request them to formulate recommendations back to the City Council regarding these options as soon as possible. FISCAL IMPACT: City Council has previously appropriated $10,000 for consulting services for this effort. No other direct fiscal impacts are anticipated at this time. Attachment 1 - Responses from previous University Task Force members. (F9\UTF.All) /J~2 A TT ACHMENT 1 Responses from Previous Universitv Task Force Members UCCV Task Force Member Yes No No Response William Cannon X Calvin Champman X Rod Davis X Baby Daile Hancock X Susan Hemey X Craig Higgs X Tris Hubbard X Kim Kilkenny X George Kost X Marilyn Lassman X Len Moore X Sandy Murphy X Tim Nader X Pat Patek X Margie Phares X Robert Rau X Ricardo Ruybalid X 10 Sanzone X Don Swanson X David Wilson X /J~3 ITEM TITLE: SUBMITTED BY: REVIEWED BY: COUNCIL AGENDA STATEMENT Item -.!....i Meeting Date 9/17/96 Public Hearing: ZAV-96-12; Appeal from 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 C- T Thoroughfare Commercial zone - Martin Altbaum Resolution) 2"'7'Jd?nying the appeal and thereby upholding the decision of the Planning Commission to deny the 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 C- T Thoroughfare Commercial zone Director of Planning ;:fftr6 C;ty M'Mg'~i' ~ (4/Sths Vote: Yes_NoXl 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 ft. 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 ft. above grade. The Environmental Review Coordinator has determined that this project is exempt from environmental review under CEQA as a Class 11 exemption. RECOMMENDATION: That Council adopt the Resolution denying the appeal. BOARDS/COMMISSIONS RECOMMENDATION: On June 12, 1996 the Planning Commission voted 4-2 (I absent) to deny the request for increased sign height in accordance with Resolution ZA V-96-12. DISCUSSION: Bacwound This commercial building previously had a roof-mounted sign which was originally constructed to 45 ft above grade (17 ft. above the building roofline). Although this sign met the sign criteria at the time it was constructed, since 1972 the Zoning Code has limited rooftop signs to a maximum of 35 ft. above grade. The building has been vacant with no ;t!-j > Page 2, Item / f Meeting Date 9/17/96 rooftop sign for a number of years, and Coin Mart now occupies the building. The applicant is requesting a rooftop sign at 42 ft. above grade, which exceeds the maximum height allowed for such signage. Site Characteristics The project site consists of a commercial building located on a site just over 25,000 sq.ft. in area at the southeast corner of Fourth Avenue and E Street. A commercial building (formerly a bank) approximately 6,800 sq.ft. in size is located on the northwest corner of the property. A drive area designed for former teller windows is adjacent to the building on the easterly side, and a small kiosk building and site parking are located east of the drive area. Zonine: and Land Use North - South - East - West - C-T C-O-P - C-T C-T Vacant (future fast food) Residential & Offices Commercial Commercial A vacant parcel upon which a fast food facility is proposed is located to the north across E Street; a retail flower shop is located to the west across Fourth Avenue. To the south, across an alley, are residential and office uses, and commercial service uses are sited on the east side of the property. E Street at this location is designated on the General Plan as a four lane major street and serves as a main entry to the City from both 1-5 and 1-805. Fourth Avenue is also a main entry from SR-54. Proposal The proposal is for the construction of a roof-mounted sign at 42 ft. above grade (17 ft. above the building roofline) to accommodate business identification for the new occupant of the commercial building on this site. The height of the proposed sign would be three feet lower than that of the original roof-mounted sign. While that sign met zoning regulations at the time of its construction, under current sign ordinance regulations (adopted some 25 years ago) it would be considered nonconforming. The building and site were originally designed with a rooftop sign in mind. The building is located at the corner of the property abutting both Fourth Avenue and "E" Street, making it impractical to locate a freestanding sign at the corner. However, the Planning Commission pointed out that the facia could accommodate signs in a very tasteful manner. Permits for wall signs on the facia have in fact been issued; please see plan copies attached. / J/~ .2 -',. Page 3, Item ) 1-/ Meeting Date 9/17/96 Analvsis Current Sign Re2ulations As stated previously, the C- T (Thoroughfare Commercial) zone restricts the height of roof- mounted signs to a maximum of 35 ft. above grade. At the time that this regulation was adopted, it was reasoned that roof-mounted signs should be accorded no greater height than was permitted for ground-mounted freestanding signs, which are limited to 35 ft. high throughout the City. The C-T zone is the only zone within the City which allows rooftop sIgns. Freestanding signs are currently controlled by three factors: roof-mounted signs are limited to 35 ft. above grade in overall height; the height of the rooftop sign above the building on which it is located may not exceed the height of the building; and the maximum area of any roof-mounted sign is 150 sq.ft. The height of the proposed sign does not exceed the building height, and thus is not an issue. However, the overall height of the sign above grade exceeds the permitted height by 7 feet and represents a 20% increase in the maximum allowed height. In addition, the proposed sign area depicted on the plans (153 sq.ft.) exceeds the maximum area allowance by 3 sq.ft. and would have to be reduced by 3 sq.ft. to comply with the maximum sign area allowed. The applicant has stated that this is not a problem. Signage Proposed The highly visible building is sited directly on the northwest corner of the parcel, overlooking the intersection of Fourth Avenue and E Street; the rooftop sign is proposed to be located on the northwest corner of the roof. Further, there are no obstructions of views to the building from the other corners of Fourth Avenue and E Street or the vicinity of the intersection. As a result, a conforming sign's visibility does not appear to be at issue, nor has the applicant argued such. Planning Commission Action The majority of the Commission did not favor increasing the height of the sign beyond that required for legibility, particularly for a type of sign (rooftop) which they considered inherently obtrusive and inconsistent with the attractive design of the building. There were suggestions that an attempt be made to incorporate signs onto the building facia. (Note: the Code would allow a minimum 60 sq.ft. facia sign facing "E" Street, and 110 sq.ft. facia sign facing Fourth Avenue. In response to the notice of the Planning Commission hearing for this project, the Planning Department received three letters of objection from property owners and tenants on Guava Avenue (see attached). These letters were presented to Commissioners at the hearing, and express concerns regarding lighting and visual impacts. //-3 Page 4, HemE Meeting Date 9/17/96 Conclusion The majority of other buildings located in the vicinity of the project site are of a relatively small scale compared to the building on this site. Further, both the florist on the southwest corner of the intersection and the gas station/mini-mart on the northwest corner have monument signs in keeping with the lower profiles of the buildings they identify. In addition, the Design Review Committee is currently processing plans for a new restaurant to be located across "E" Street at the northeast corner of Fourth and E, with a low-profile monument sign proposed. Staff has concluded that the height of the proposed roof- mounted sign is not required for visibility and is not in keeping with other buildings and signage in the immediate vicinity. One of the requisite findings for approval of a variance is the existence of a hardship. No hardship has been presented by the applicant, and as indicated in the previous discussion, both staff and a majority of the Planning Commission were unable to find a hardship justifying approval for the proposed height increase. Therefore, staff's recommendation is for denial of the appeal as presented. At the City Council meeting of 7/9/95, Council requested that project visuals be provided showing how the proposed signage would look. The applicant will be providing such visuals at the meeting. FISCAL IMPACT: The applicant has paid all applicable processing fees. Attachments 1. Council Resolution ~ /.?I::-'" - . -- 2 Locator, Plans ,/ 3. JPlanning Commission Resolution ZA V-96-12 4. \p Planning Commission Minutes, June 12, 1996 5.1\ Wall Sign Permit Plans 6. Public Response 7. Disclosure Statement (m:\home\planning\patty\coinmart) )Y~1 ~tY- " LOCAT01.l & PLAN.S... -/- THIS PAGE BLANK o. -~- . :'<;: .-.----.- . . ..\ FRIENDSHIP PARK CHULA VISTA PLANNING DEPARTMENT LOCATOR PROJECr CoIn Mart PIO.IECI' Dea.u-,""'" C!) API'IICANI'. VARIANCE PIIOJ!CT 396 "E. Street Request: To allCIW a roof lop Iign 10 42 ft. from - grade (17' abow roof line). Code r.micIs height SCAI!: PI! NUM88t: 10 max. 35 ft. abowI grvde. NORTH No Scale lAV-96-12 3 - _.___.___"_ ._._~ _ _m . ._.. . -----._-_. - ~- -- - -. - -- - - - - - . . . . ,,1 J tI' '.0'. .' 1111 I J;:! . 'II. I IIII! . I 1!lli II.. III' ~ I . 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" .. .-..------..-- - ------.--.----.. ---- ---.--"....., .- - -~ ~-----.....-:---=--- -s- THIS PAGE BLANK -t- . ~ PLANNING COMMISSION RESOLUTION -7- : THIS PAGE BLANK . -.1- - . ( :-...J RESOLtmON NO. ZAV-96-12 RESOLtITION OF THE CITY OF CHULA VISTA PLANNING COMMISSION DENYING A VARIANCE FOR 1HE CONSTRUcnON OF A ROOF-MOUN'IED SIGN TO 42 fT. ABOVE GRADE FOR THE COMMERCIAL Bun.DING LOCA1ED AT 396 E STREET WJ11DN 1HE CT mOROUGHFARE" COMMERCIAL ZONE ./ WHEREAS, a duly verified variance application was filed with the City of ChuIa Vista PIR1I1I;1Ig Department on Apri112, 1996 by vaUey Neon Sign Company, and; WHEREAS, said application requests approval to ccmstnJct a roof-mounted sip to 42 it. above grade for the t'1""mercial building at 396 E Street within the C T Thoroughfare Commercial zone, and; WHEREAS. the Environmental Review Coordinator hu determined that this proposal is exempt from environmental review under CEQA u a Class 11 exemption, and; WHEREAS. the PlanDing Director set the time and place for a hearing on said application and notice of said hearing. together with its purpose, was given by its publication in a newspaper of general circulation in the city and its mailiDg to property owners within 500 feet of the exterior boundaries of the property at leut 10 days prior to the hearing. and; WHEREAS. the hearing was held at the time and place as advertised, namely June 12, 1996 at 7:00 p.m. in the Council Chambers, 276 Fourth Avenue, before the PIR1I1I;l1g Commission and said hearing was thereafter closed. NOW, 1HEREFORE BE IT RESOLVED mAT 1HE PLANNING " " COMMISSION DOES hereby find, determine, resolve, and order as follows: The above-described application for a variance is hereby denied based upon the following findings and determinations: 1. Findings. 1. No barclshlp peculiar to tbe property and DOt created by III)' ad oftbe owaer ulsts. Said hardship may Include pradlc:al dlDlc:ultles In diftloplD& tbe property for the aeeIIs of the owner consistent with tbe nplatlonl of the aoue; but ID thll contest, personal, famUy or JlDaDc:1aI dUllc:ultles, lOll or pro.~lIfe proDts, aDd neI&bborlD& .tolatloDl are DOt barclshlpl Justifying. ftl'Ianc:e. Farther,. prnI01I1 ftI'IaDc:e can Deft!' haft .t · precedent, for each cale must be coDSldered only on It IDdMdual merits. Rooftop sipage within the height permitted by the code would be visl'ble to traffic in the area, although proportional requirements could limit sip area. Additionally, the code would allow altematives to this sip proposal; these include the possibility of a freestanding sip elsewhere on the property, and wall-mounted sipage on the buDding parapet. Therefore, a hardship does not exist relative to this property and the proposed sipage. -7- l \.J . . 2. No ftI'IaDce II DeceIAl1lor the preRnatlon and eqJoyment ollUbltantIaJ property rlghtl pollelled by other propertlellD the lame -nIDI dlltrlc:t and ID the lame .acIDIty, and tbat a ftl'tance, II puted, would DOt coDltltute a IpedaI prl.alep 01 the nclplent DOt eqJoyed by hll netpbo.... The approval of thiI variance would not IeJ\Ie .to praerve property rightl for thiI owner enjoyed by other propertiel in the ame IODing district aDd in the ame Yic:iDity; .. other properties in the immediate viciDi1y currently utilize freeltlDding &ignage which compliel .. with code requirementl or is actually lea than that aIIowect. If panted, the proposed variance would therefore constitute alplCial priYi1ege of the recipient. 3. 1be authorlzlq olthll......nce would be or IUbltantIaJ detriment to adjacent property, and would materially impair the pubUc 1Dterut. The approval of thiI variance would be detrimental to adjacent property in that it would provide this property with a sign of exc:essive height aDd vist'biJity aDd aD advantage with respect to business identification in comparison to other surrounding properties. 4. That the ....ntlnl 01 thll ftrlance would adftl'lely afl'ect the pueral plan 01 the city or the adopted plan 01 any aovenunental agency. The approval of this variance would not be consistent with City policiel aDd the General Plan for the reasons outlined above. . D. A copy of thiI resolution Ih~ be transmitted to the applicant. PASSED AND APPROVED BY1HE PLANNING COMMISSION OFCHULA VISTA, CALIFORNIA, thil12th day of June, 1996, by the fo11owing vote, to-wit: AYES: NOES: Chair Tuchscher, C.........iuioners Ray, Tarantino, Willett C.........iuioners Davis, Thom.. ABSENT: C.........iuioner Salas ~/ /?r" . ..- .c.~II,aw. ~~ ~bn~ Nancy . ey, tary , -II) - . , , PLAmmSG COMMISSION: MINJJTES -1/- .'. THIS PAGE BLANK o. -/,p. - Excerot from 6/12/96 Planninl! Cnmmi~sion Minutes , , ITEM 2. PUBUC HEARING: ZAV-96-12; REQUEST FOR A VARIANCE TO INCREASE TIlE HEIGHT OF A ROOFTOP SIGN FROM 3S FT. TO 42 FT. FOR TIlE COMMERCIAL BUILDING LOCATED AT 396 E STREET IN TIlE CoT THOROUGHFARE COMMERCIAL ZONE - Valley Neon Sign Company Principal Planner Griffm distributed three letters of objection to the request since the report bad been delivered to the Commissioners, along with an alternative resolution of approval reflecting the earlier staff "compromise" offered to Mr. Altbaum. Mr. Griffm gave the history of the building and the rooftop sign. He noted that the architecture of the building did not lend itself well to wall signs without substantial modification, and there was no room for a freestanding sign. A revision to the sign code in the 1970's had reduced the height of an allowable roof sign to 3S feet. Mr. Altbaum was requesting a variance to go up to the originally permitted sign height of 4S feet with ISO sq. ft. in area. Mr. Griffm showed sketches, slides, and overheads illustrating the various heights including the request. Staff had suggested a 41 foot high sign with 10S sq. ft., 6 ft. off the roof. The alternative resolution of approval was available to approve the s~ff compromise. Answering Commissioner Davis, Mr. Griffm stated that staff bad thought the building was 2S feet tall when they originally offered the staff compromise, but subsequently discovered that the building is 28 feet tall. Commissioner Tarantino asked the height of the pole currently on top of the building. Mr. Griffm said it was left there from the original sign and was approximately 10 ft. Mr. Griffm concluded his presentation by stating in regard to the staff compromise that staff felt a 100 sq. ft. sign was a very substantial sign, very readable and identifiable. They felt that by allowing the additional height up to 41 feet, 6 feet above the Code, that perhaps by reducing the size of the sign but still maintaining identity was fair and appropriate and may address some of the concerns of the neighbors with the visual impact of the sign. Commissioner Tarantino noted that in the presentation, Mr. Griffm had stated a wall-type sign could not be accommodated on the building. Mr. Tarantino asked if could be accommodated on the facia. Mr. Griffm did not feel it would be very attractive; there was no space on the building which was designed to graciously accept the sign. It would look tacked-on. Commissioner Thomas asked if there was another sign in the City that was IS' x 7' to give them some idea of the size. Mr. Griffm stated it would be about the size of three 4x8 sheets of plywood. -jg- PC Minutes -4- June 12, 1996 I Commissioner Davis confmned that staff's compromise was 105 sq. ft. and the original request was 150 sq. ft. Mr. Griffin collCllD'ed, and stated that 150 sq. ft. was also allowed by Code. Commissioner Thomas asked if theie were ariy restrictions for the applicant; could they completely cover that 105 sq. ft., including pictures and diagrams. Mr. Griffin replied that the Code restricts the combination of copy and graphics to no more than 50% of the background area and advertising to no more than 2S % of the face of the sign and advertising is distinguished from identification. Mr. AItbaum's proposal was in conformR~ with Code. Mr. Griffm stated in terms of copy and design of logo, staff docs not analyze that. Answering Commissioner Thomas, Mr. Griffm said that the picture would conform with Code. Commissioner Willett asked if the sign was lit on both sides. The applicant indicated that it was. This being the time and place as advertised, the public hearing was opened. Martin AItbaum, 396 "E" Street, ChuIa Vista, owner of Coin Mart Jewelry, noted that the building was built in 1972. The original sign had been up for almost 20 years. If in fact there was a sign removal process which allowed 15 years to remove non-conforming signs, the sign should have bCen removed in about 1988. The sign stayed up until 1992. Mr. AItbaum SUited the reason they needed the requested sign was for visibility. The picture can be no more than 25 % of the sign and the written part could be no more than 25 % of the sign. With a request for 150 sq. ft., they really arc getting only a 75 foot square sign. The compromise with the City was 41 ft. high; they were willing to compromise at 42 ft. Mr. AItbaum stated they were also willing to compromise on the size of the sign if the Commission allowed the original size lettering and picture. There would be less white space. He introduced Mr. Koonce. Robert Koonce, 27500 Old IDghway 80, Guatay, CA, stated he was the branch manager at the time the building was constructed and was very involved in the architectural set-up. A lot of time had been spent deciding how large the sign should be at different heights and positions. Mr. AItbaum noted that the logo was a baby picture of his son and had been used 16 years and was an important part of his advertising. Mr. AItbaum and his wife showed a 3 ft. x 3 ft. picture of the baby and noted that the actual sign would have a 6 ft. x 6 ft. picture along with the lettering. He showed the difference in the lettering the City was proposing versus what he proposed. A compromise would be the same picture and lettering with less white space. The City was proposing a 7 ft. x 15 ft. sign, 41 feet up. He would compromise 1 ft. higher, longer, and higher. Mr. AItbaum showed some computer-generated slides of the building with the poles removed, and also showed the design elements on the wall of the 'building. He had thought he could put some letters in between, but it did not fit. Commissioner Tarantino asked if the letters would tit above the design area. Mr. AItbaum stated it would be too small. - It./-_ PC Minutes -5- June 12, 1996 , Chair Tuchscher asked if the sign would be directed towards Fourth Avenue and "E" Street at an angle. Mr. Altbaum stated it would be exactly as the original sign was pasitioDed. Discussion ensued regarding the orientation of the original sign and the proposed signage. Mr. Altbaum noted that he had a hardship regarding signage. He could not put a pale sign on the property since the building was built on the property line. He could put it in the parking lot by removing some parking spaces, but it would not be seen from the street. ,Mr. Altbaum stated that he did a lot of out-of-area advertising by radio, television, business cards, etc. and used the building to do that advertising. Mr. Griffm noted that Mr. Altbaum had stated the signage could not cover more than 50% of the background area. In this case, the background would be the sign face and the copy and picture applied to it should not cover more than 50%. Mr. Altbaum proposed to divide that into 2S % picture and 25 % copy. If the white space is reduced too much, there would be a "squeezed" appearance to the sign. No one else wishing to speak, the public hearing was closed. Commissioner Davis saw the problem with the sign and why the sign had previously been on the roof. She was happy to see staff trying to work with the applicant. She was concerned that Chula Vista should be more user friendly and business friendly. She thought the sign ordinanl',e needed to be readdressed. This was one of the times when it did not quite fit because of visibility. She encouraged ~e Commission to look at giving the applicant the 42 feet. She was concerned about the squeezed effect with the 105 sq. ft. sign. She would support a sign of 150 sq. ft. Commissioner Thomas was concerned about the elimination of the white area. This was a massive sign and it would be critical to balance it perfectly. Regarding the complaint letters, Mr. Thomas asked if staff had any suggestions, such as cutting the size down or turning the sign's lighting off at a certain time. Mr. Griffm stated that staff felt that by reducing the size, it might reduce the glare and the impact. Regarding turning off the sign at night, it is a commercial zone and part of the identity was to have the identity available for late-night travelers. Staff had not considered restricting illumination during nighttime hours. Commissioner Ray stated that the building was a unique building within the City of Chula Vista, and any sign on the roof would take away from architectural integrity of the building. He would rather see something on the facade or facing of the upper portion of the building. Commissioner Tarantino concurred with Commissioner Ray. He felt it was an unusual building, at a critical location, at the gateway of the City. He disliked the idea of a sign on the roof. He thought a sign at the top of the facia with lighted, individual letters would be in good taste and would get the point across. He could not support any sign on the top of the roof. -IJ--- PC Minutes -6- June 12, 1996 , Commissioner Willett had looked at the building and tried to envision other signs on top of the roof. To retain the visibility of the building, he supported the sign going along the facia on the side of the building. He thought a 6 ft. high sign could be used there. He was against the vertical sign. Chair Tuchscher commented that he was happy that Coin Mart had stayed in ChuIa Vista. He felt the sign ordinance relative to proportion made some logical sense. As far as height, size, etc. he felt the ordin"",...e was over-restrictive and challenged merchants. Design Review tried to balance that with what looks right. He asked staff if there were any plans for the small street- level sign and if it had any bearing on total signage allowable under the ordin"""",. Mr. Griffin explained that it was an approved sign. On buildings, there could be a combination of signs. There could be wall signage plus free-standing signs and directional signs. In this case, a roof sign of a certain size was allowable. In addition to that, there could be wall signs. A sign permit had been issued for the small sign, and it was conforming with Code. Chair Tuchscher questioned the ordinance relative to banners after an additional sign was put up. Mr. Griffm stated the banners are a grand opening feature. Since Mr. Altbaum was pursuing a permanent sign, staff had been flexible in allowing the grand opening banners to remain and pl\>vide some identity until permanent signage was installed. Upon instal1ation, the banners would be down. ' Chair Tuchscher commented that the building had a unique architectural style. The features across the top were problematic. He felt that signage which ran the length of the facia on top of the building might be a solution that would give visibility and address the concerns of the other Commissioners. Commissioner Ray asked how much of his business was drive-up versus someone who was actually seeking out their business. Chair Tuchscher noted that Mr. Altbaum did a lot of out-of-area advertising and directed people to Chula Vista to his location, and the signage helped them recognize it. In response to Mr. Ray, Mr. Altbaum stated that most of his advertising was by radio and most of his business was out of town. Having been at the old location for 20 years, some of his customers still go to that address. He needed the signage to direct them to the new location. He felt if all the utility poles were removed, it would look good on the side of the building and would be seen. However, as it is, vision would be obscured and he needed it on the roof. Commissioner Ray stated that two of the five poles were temporary, the one on the corner and the one on the roof. The only others were street lights. To him, stree~ lights were not an impairment. He asked if the utility liIie would be undergrounded. Mr. Griff'm felt it would be undergrounded, but he did not know the timing. He felt it milht be undergrounded when the property at the northeast corner developed. -/t_ PC Minutes -7- JUDe 12, 1996 Commissioner Ray felt thai if IOIDeODC were 'onlri"l for a particular jewelry store, they would be looking for something that would catch his eye to Jet him !mow he was tbcre. He personally did DOt see a big differm:e between the pole s~ aDd the facia T-ge. He thought the roof signage took away from the architectuJe of die buDding.. Mr. AItbaum stated tbat he would be unhappy to go to the Design Review Committee to change In existing building that would be vet)' difficult to c:IwIge. He did DOt believe he could Jet approva1 to remove the architecnual elemeDts. Mr. Griffm stated if the idea was to make the facia smooth aDd DOt have the eJemenis In order to aa:ept a facia sign more comfortably, he did DOt feci it would detract from the building. It did not seem to be something tbat would Design Review Committee approval or a formal process and a lot of expense or review. Commissioner Davis understood the CODCCrllS of the Commi~sioDCrS, but felt the 6 ft. x 6 ft. picture of the baby, which is the trad""".1'\t Mr. Altbaum used, would DOt fit on the facia. She felt that was In important part of the sign which could not be elimimltecJ. Commissioner Ray asked the height of the facia. Mr. Griffin stated it was a total of about 5 feet. . . ( Commissioner Davis pointed out that in the ordin_nI'~. Mr. AItbaum had a right to a rooftop sign. It was the height that was in question. Tbe fact that the Commiuioners did DOt like the rooftop sign was not as vital to the question as was the height. 1be Commi~siODCrS had a recommendation for a variance of 41 ft. by staff with 105 sq. footage of .ign. Whether or DOt the Commissioners liked a rooftop sign was DOt important; it was what size of the rooftop sign they were going to allow him to put up. . Chair Tuchscher noted that the applicant had a right to a rooftop sign. but a workable rooftop . . sign that would fit within the height limits, etc. Commissioner Willett stated that he was confused on die lettering which would have been In die 7 ft. x 15 ft. sign. What percent would it have been. Mr. Griffin replied that staff had DOt calculated what size lettering that would have allowed. Staff felt the oven1lsign dimeJ'C1on was more than adequate to provide visibility. It could be identified from IUIJ'I'IImdlng streets aDd the copy could be easily seen. Chair Tuchscher clarified that this was DOt a scicntitic caleI'lltion. There was a certain amount of signage coverage. From his ~,pective, he would like to see In allowance ex~11tg die c:urreDt ord1n_1'Il'#., but to bring that .ignage down to the facia. It was a clifticult building; he would be comfortable exceeding the total allowable signage if it were posidoned differently. He would rather give the applicant two big signs on the facia. ( -/1- ~...... ) , . ~~) . ._) PC MiDutes -8- June 12, 1996 , \ ~' Commissiouer 1bomas ItateCI that the CfWnII'~..I. be hid made were based on the concept that the Cnmmi!O.c\on could DOt deny them a IOOftop alp. He asked that the City AUorr1I:y c:larify . that. . ~.~ , . - . A~y Googins said be 1IDderstoocI that the existIDa lovemiDg ordi............ would permit a IOOftop sign that would DOt exceecI 35 feet above pIde with c:cnain di.........ions. The !lOtion that the Commissioners would prd'er the lip IOJIICWbere else was DOt before the l"nmmi"lion; however, the comments were leJitimate ones to fIctor iDto their clecision to the exteDt that if a ~ble alternative exists which could place the sign on the facade, then aleJitimate basis for DOt fiDding a hardship would exist. The ex--.. were leJitimate; a IOOftop sign would be . allowed. At the same time, DOt waut.in& alOOftop sign at all was a legitimate consideration to the extent it hid an impact on whetber or DOt tbeIe were le8IOD8ble alternatives. Commissioner Thomas ItateCI be would tend to support a facia sign. Principal Planner Griffin reiterated that Mr. AltIJaum could have a sign 150 sq. ft., DO higher than 7 ft. above the 28 ft. high IOOf line, which would DOt exceecI the Cocle requirement of 35 ft. above Jl'8de as a matter of riJht, as loDi as the picture aDd copy did DOt exceecI 50~ of the backJrOund area. In terms of the facia siple, because of the iDterveDing eJem- on the \ facia, a sign cOuld Dot be put on there except in the form of a sign "can". The backgrouDd for ! a sign is defmed as something that is UDiDtemIpted by architectural features. If the facia were smooth, some cut-out letters could be added to that. TIyiDg to fit iDdivicIuaJ sign Jeuera between the architectural elements aDd spaces would DOt work as the facia is clesigned. ''-", Chair Tuchscher asked if the Commission took action recommend;'" sipJe of a c:cnain size on the fac~, would tbeIe be any additicmal ~19CCSS, if the appJicaDt agreed that would work? Mr. Griff'm replied that approval of confonniDa aignage was a staff process. There was 110 other public heariDg or discretionary process. . Chair Tuchscher believed two sip 150 sq. ft., one on "E" Street aDd one on Fourth AVCDUe, OD both facias. would accomplish the appJicaDt's WIt aDd would solve the COJRmS of the residents. The signs would be 5 ft. 11: 30 ft. Commissioner Davis asked if be would allow the appJicaDt to exceed the backgrouDd of the verbiage. Mr. Tuchscber stated be was just """"'"" the parameters DIi1Side the sign. They would be .!O.1M", the appJicaDt to ..omplomilc off his PIOpouJ. He may DOt be able to set his 1010 on the signs the size that be wIDted. It would meaD the (:('mmi!O.sion was fir OIbbW"i", the City ordin.......... to a............f)date a very 1JDique buildiq aDd perbaps solve some of the bellht CODCeI1IS. . Commissiouer Ray would DOt mind Jiviila the applicaDt another 6 iDcbes oVer the,beiIht aDd let the sign 10 over the top of the facia. He was COJJ(>e<ined that where the facia stops, alOOf lip would take away from the arcbitectura1-..,iti of the building. He could DOt support any IOOf sign on top of the buD"i",. '--" -/1'- ( PC Minutes -9- June 12, 1996 ChaIr Tuchscher asked Mr. Altbaum to step up to die microphoDe to ~errt on die possibility of facia signs. Mr. Altbaum did not agree to the facia signs. He stated be would put up a sign on the roof that was 2 ft. high by 75 ft. 10lIl while the appeal processed. m.1rifli the 150 ft. be was allowed to have. He would appeal it to City Cnll111"I1, and then 1Ike it to court. He believed that if.a sign is left six or seven years past the sign moratorium when there were 15 years to remove it, that there is tacit approval that it can remain there fomrer. Commissioner Ray made a motion that the Commicsion DOt accept staff's proposal but allow two ISO sq. ft. signs, one on the facia facing wEw Street and ODe of the facia facing Fourth AveDUe. Commissioner Ray asked for confirmation that it did DOt require any otbcr approval. Mr. Grifim stated that he and the City Attorney were c:oncemed because there was a specific request before the Commission which had been DOticecI. The proposal by the Commiuion may require another notice, involving another variance for size or background. He noted that the basic staff recommendation which was part of the report wis to deny die request as submitted. The motion died for lack of a second. MS (Ray/Tarantino) to approve staff's .ecommendatloD to deny the request as subm1tied. Commissioner Davis stated that she was against the motion. She was in favor of allowiDg the rooftop sign of 42 ft. with ISO sq. ft. She felt the sign ordi"'"1I!<! needed to be revised; Chu1a Vista should be business friendly and she felt this sent the wrong message by not allowiDg him to put up the type of sign he wanted. She didn't think it exceeded Code very far; staff was compromising at 41 ft.; the other sign was at 45 ft. before. Commissioner Ray agreed that the City should be more business friendly; the sign grdi...1W! .. needed to be revised. However, part of the poucmation was that this was a unique bonding. He did not think it needed to be degraded by a rooftop sign. ChaIr Tuchscher asked the City Attorney if there was any type of prescriptive rights that might roD with the fact that the old sign was in pJace for IIOIDC period of time beyond the point it was asked that all signs were to be in conform."""'. ( City Attorney Googins stated that the aCDCIal rule was that wheretbere was previously a use and the Code is changed 10 that that use becoIJ)f!s to a DOD-CODfonoing type use, UDder City Code which implements geueral laws, the uo.M>>nf1.'mDing use 1bou14 be ~limb,.t"'" at the earliest possible moment so that if a proposal comes forward to change the eDti"i use or apply for an altemative use, the first ....,Ii...tion is to make that use a coDformiDg use. However, where standards are established, variances can also be aranted which ftr)' aomewh8twith the applopriate circumstaDces from what is being poupused. He DOte4that the City is leuera11y immu~ to any action against the City iD order to challenge the City'. ability to impose that DCW and revised use against subsequent purchaser. -/f- "1'" ') '_/ ,.J . __' A. PC Minutes -10- June 12, 1996 Cbair Tvchscber asked if a ComIuuous use was a part of that IIIDIe issue. If there was a vuiance or DOD-CODformiDi use, it is allowed to COD1imIe 1Udil such time u there is a disc-omim'.~on of that use. , . ' " ., AU/m1I4y Googins replied that it would be even more supportive of the aeneraJ JUle. The !lOtion that a use is alloWed to CODtiDue to be DOJH:ODformiDg does DOt prevent the City from requiring CODformina uses at a time that In alterDaUve use is proposed. ' Cbair 'i"ch!lt!1:Jer DOted that the fact that there was a lip there at ODe time should DOt be a part of the Commission's clccision. Before the Commiu{on was a new lip application IDd vuiance to the City's sign ordin......., AttDrrw:y Googins laid a sign beiDa there at ODe time may have IOIDe beariDg on the Commission'sabnity to make fmdings in relationship to the vuiance application.. The fact that there might be In old sign may factor in to support findings the CommiR,ion may need to make to srant a variance. But it need DOt factor in. Mr. Griffm added that, in this panicular cue, Mr. Altbaum could have a rooftop lign u well u facia signs.. Facia signs are considered wallligns. In addition to rooftop signs, the Code states that each business is allowed a combined walllign area of 1 sq. ft. per 1incal foot of building frontage facing a dedicated street or alley. However, the sign area may be increased to . mnimum of 3 sq. ft. per lineal feet of buildiDa frontage provided the sign does DOt exceed 50% oftbe background area. By ~ Mr. Altbaum could have 1 sq. ft. of wall sign area per .~j lineal foot of building frontage faciDa both Fourth Aveaue IDd "E" Street in addition to a rooftop sign. The rooftop sign could only be 7 ft. high becl1'H' of the existiua height of the bu~ing.. . Commissioner Ray stated he wanted to do what was right for the City; he did DOt feel a rooftop . sign would ""h.~ the buildiDa nor Mr. Altbaum's business to the extent that the buildina . should be altered. From a visuallltaDdpoint IDd from a "quality-of-life" lIIDdpoint for the citizens of Chula Vista, he would like to start m.1ri"l un"""ml'!Qhl to the lip ordin8....... . Chair 'i'JCbscbM' IUggested that the sign ordin8...... be dealt with in In upcnmn" workshop. . Chair 'i'lChSt'''''r DOted that even if the curreDt motion falled, the Commiuion would DOt be movina forward in the process. He wished to allow the system to move Mr. Altbaum forward in a positive way. There may be IOIDe way to address Mr. Ray's CODCerDI by c:reatiDa a variance IDd allowing laquage to restrict ~pge elIewhere on the bnll"i"l, or linllti." the buildin& to ODe sign. ~-; . . Commissioner Ray clarified that the motion was to deny the .42 ft. lip. ,on the top of the buU""'a. J -?1> - . PC Minutes -11- June 12, 1996 , VOTE: 3-3 MOTION FAILED (Commissioners Davis, Thomas, and Tucbscber voted agaiDst,) Chair Thchscher noted that he bad voted "no" on the motion even though he did not like the sign nor the inconsistency of the sign. He did not want to send the merchant away to do whatever he wanted in the way of rooftop signage, side of the building signage, etc. and end up with something that is worse. Commissioner Ray said that there bad to be some way to prevent the signs from going up prior to a revision to the sign ordinance. He felt it would be the wrong thing to allow the rooftop sign, especially on this building. Chair Thchscher asked if there was a potential to add language into whatever variance the Commission allowed that would limit additional signage on the building. Mr. Griffm thought if the applicant agreed to that, it would be appropriate. Attorney Googins stated that depending upon the nature of the condition being proposed, arguably, such a condition could be included as an element which the Commission found necessary to make the fmdings that would be required in order to grant such a variance. In order to limit the detrimental impacts, one of the fmdings required is that the authorization of the variance would not be of substantial detriment to adjacent properties; or that approving a sign that is larger than what is otherwise permitted would be of some detriment but for the fact that elimination of other signs reduced the proliferation of signs in order to counterbalance the . fact that a slightly larger sign than Code is being allowed. He believed that such a condition could be an appropriate condition to granting of the variance, if agreed to by the applicant. Chair Thchscher preferred to make that type of revision in a variance of this nature. MS (DavislTbomas for discussion) to approve a variance for a 42 ft. sign 150 sq. ft. which would be a 9 ft. x 17 ft. rooftop sign. Chair Thchscher said he wanted to give the applicant a sign similar to the one he was proposing. He was going towards staff recommendation but a little smaller, and wanted to make sure there were no additional signs by right, recagTIinng the f8ct that the Commission was making a variance relative to height and that the additional signage on the building would not come in later. Attorney Googins asked if Commissioner Davis was proposing that the findings made in the resolution approving staff's compromise proposal be incorporated into her-proposal. Commissioner Davis answered affumatively-that there was a hardship. - ;1-1- PC Minutes -12- June 12, 1996 . After reviewing the findings, Mr. Griffin noted that item 3 would have to be revised to exclude the reference to reducing the overall area. Mr. Googins stated that finding 2 would also need . revision. VOTE: 1-5 MOTION FAILED (AU Q>mmlmoner& except Commlmoner Davis voted agaiDst) Chair Tuchscher suggested that the previous motion be put back on the table which would allow the applicant to immediately appeal it aDd take it to Council. Commissioner Ray stated that one of the three who voted against his motion would have to vote for it to be sent forward to Council with a denial from the planning Commission. Motion by Commissioner Ray to reconsider staff's recommendation to deny the request as submitted. Commissioner Davis asked if the tied vote could move forward to Council with no recommendation. Attorney G~gins said he understood that Mr. Rudolf, who had previously staffed' the Commission, had opined that where there is a deadlock and insufficient vote to deny a permit, so that the applicant could progress, an additional vote-if in fact four votes to deny could not be obtained, the matter can proceed for appeal to the City Council so they could reconsider it. Chair Tuchscher asked that, for housekeeping purposes, the motion be put back on the table to be~~. . RESTATEMENT OF MOTION MS (Ray/Tucbscher) to adopt staff's recommendation to deny Resolution ZA V-96-12. Mr. Altbaum asked if he could speak. The City Attorney recommended that the public hearing be reopened. Chair Tuchscher declared the public hearing reopened. Martin Altbaum stated that he would make a compromise if it meant anything to the vote. He would agree not to put anything on the facia on either side of the building at any time in return for the rooftop sign under the conditions he talked about before (42' x 17' x 9'). A rooftop sign was allowed, but the question was how high. He would put up a rooftop.sign. It would not be with his baby and it would not be the.size he wanted, but he would conform to the 3S foot. It would be 7S feet long, but it would put his name in front of the public aDd it would give him the 3S foot height limitation. He did not think it would look attractive aDd he would continue on appeal to get the original one. -rJ). - - PC Minutes -13- June 12, 1996 # Robert Koonce, 27500 Old Highway 80, Guatay, said he was a disinterested third party. He said there were two things that made that building pretty. The building won the award in 1972 for being the most beautiful in Chula Vista because of the facia and the pillars. During the IS years he had been manager there, no one had ever suggested any changes to the architecture or facia. There is no commercial building in California that wouldn't look prettier if all of the signs were taken away. If they were, it would not be a commercial building anymore. Chair Tuchscher told Mr. Altbaum he appreciated the offered compromise. In a deadlock situation, nothing positive happens. He was taking the position to allow the applicant to move quickly to the next step, he was asking staff to hurriedly bring this item to Council. Chair Tuchscher closed the public hearing. Commissioner Thomas stated that by adopting the staff recommendation, it would move it forward to the appeal process. VOTE: 4-2 (Commi!t~ioners Thomas and Davis voting against) - ;23- TInS PAGE BLANK - J-'l- 1.(-- - c?-U - -' WALL SIGN: PERMITS TIllS PAGE BLANK . .- . - d-~- . ."". '--,.,. ---,. --- - ,;11- ~ -~ ;--"-~.- "". -,p;....._,..y" -C'2.E:;<h... ".". .._. ---- ..-"L'iSS". .<""' =.:,,_~ __ J - . .. . , . .....,~. II~~ ~ ,." ~~ T :t -~ I It I I :, . i I I 'v~ . I ... I. 4- .... I .. .... Iii 1111 I I ! ,..' ~ i ~ i~ ~ . '" , , I '" ~ ,,- . , ~ '" . .r 11 "'-:{ ~- ~, , . .. ~ .: 1 \ 'l ir-1;--'I. I I ~i F~;i @s~1 ~~i . ~ M I - : '. .. i .:. .. ~ I I . - . (Q)~ ",., ~~:.~" i .. .... .. . \.... ~ , . - ." ... . I - r '~ - ,'i(" I . ~ '" ,. . '.- .. ~ r"'_~ ..... .,.,..,__.:::r:.(!'...."" '-. ._. 8 ~~ "111 ~ '! ~. ~ '!oj ~~ I~ .~ J I ~I ~ . \u i I 1111 ~i:! 'I.' 11;;, '.., 'III ! :111 . filii ill!' . . , '\ .' ~ ~ ~. ~ I - e2t'- .. 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T - ~~-- ~ '.... ..,.,-.,..,. .."....i....:... c.... . . ,~/ .- -"1 1-, -- --- - i~J i. !I ~. M tit __~ I ______ ! L___ . .... ~ . ! ~O~__ 1111 [?f.k ;i=! I II II ! . - I'.' I , ~ I 0, f ~ 00 I , @ ~ f~:H I . I . ~ I ~ { I'll III. !r ~... . 1:lli ~ : I ~~ 11'11 'Iii i I <>~ I \' \. <;:", . III ~~ II! I. I I II illal I I . -.., , , -- I ---;6 .V ~. ~ . .~ ': ~, WI r ! - --- I 1 Lj~k___j '"", -----1 .~ .... .' ~~ --...,-,. --- . '-1 .:.. ~'I... ':----''''1 --- ---_I, --7-- . ,".,_ :\. -~ -- .. --- -ti-- 3/ ". . . . r . ". ,- . I . ., '. I . '. , 11 i- - "" .,.~ - .. ~ .. ... -. """ , THIS PAGE BLANK -3;;'- -38- PUBLIC RESPONSE .I' THIS PAGE BLANK -31- - - . ., ----.- --.~- - - Y"':';: "'-:' -1"-", ...~ .. ~_.-=./ vc.D I JUL~ 3, 1'" .:;.::.. 0 - 19% PLANr~.N~ PLIUOIIRG DSPU'1'~T PUBIC SIRVICB BUILDIRG CHULA VISTA CIVIC ClRTBR 276 FOURTH AVEIIUB CHULA VISTA, CA. n9l0 RBI CASS RUMBIR IAV-"-12 ATTlRTIORI PArr! IIBVIRS I'VE BEER IRrORMED THAT TIll PLAR1IIRG COMMISSIOR, VERY WISILY 1 MIGHT ADD, lIAS DERISD TIll VUIABCB APPLIED FOR BY COIR MART, AT 396 "I" STRBIT. 1 HAVE ALSO BIER IRrORMED THAT TIll OWRBR OF COIR MART, MARTIR ALTBAUM lIAS APPIALBD THAT DIC1SIOR. TIIIRBFORB, 1 FElL I MUST MAltI A Faw MORB COMMERTS OR TIll SUBJECT BIFORB TIll CITY COUNCIL MAltIS ITS DECISIOR. I" FIRST OF ALL, I HAVE DRIVER DOWII "I" STRBST, DOn THIRD AVEIIUB, DOn FOURTH AVEIIUB, DOn BROADWAY ARD DOWII "F" STRBIT, I HAVE LOOKED AT RUMEROUS BARJt BUILDIRGS, FOOD MARKETS, SERVICI STATIORS, CRBDIT UNIOR BUILDIRGS, STRIP MJT.T.II ARD MARY MORB SMALL BUSIDSSES. ROT on lIAS A SIGH AS TALL OR AS LARGI AS TIll 00 PROPOSID BY COIH MART. TIll CIn ORDIHABCB. 19.40.0&0 RBGULATIRG SIGRS, LIMITS TIll BlIGHT TO 35 FIET ABOVE GRADI ARD A MAXIMUM 150 SQUARE FElT IH SIZI FOR THIS PARTICULAR nPI OF SIa. 1 rEIL TIIISE LINtTS ARE WAY TOO GIDROUS ARD SHOULD BI RBDUCBD, BUT THAT'S ABOTHER MATTER. TIIIRB WAS A DAY WHlH TIll HIGHWAYS ARD FRBEWAYS HRB LInD WITH HUGS BI:LLBOARDS. TIll DAYS OF LARGI, VISUALLY POLLUTIRG SIGHS ARE GOD, HISTORY I TODAY, PIOPLE NAII'r MORB SUBDUED ARD DVIROJlMEJlTALLY PLlASIRG SIas. COIR MART IS A VERY LARGI, FORMIDABLE BUILDIRG, HOT IASILY MISSID. A SIGR, OF TIll MAGHITUDI PROPOSED, IS ROT DEDID. A HARROW SIGH ALOHG TIll TOP CORRICB OF TIll BUILDIRG WOULD BI MORB THAR ADIQUATI TO IRrORM PEOPLE WHAT BUSIDSS IS I.OCA'lED TIIIRB. AS I STATID IR MY PREVIOUS LEnER, THIS BUSIDSS IS SURROUNDBD BY R1 PROPERn. TIll PEOPLE WHO LIVE THlRB, ARD WHO ALSO RAPPER TO BI VOTIRS, DO ROT DISIRVE THIS nPI OF VISUAL POLLUTIOR. ARD FIJOLLY, TIll CIn ORDIIlUCB LIMITS TIll BlIGHT OF SUCH SIas TO 35 rBBT ABOVE GRADI, MR. ALTBAUM NAll'rS 42 FIITI TIll CIn ORDIIlUCB LIMITS SIll TO .150 SQUARE rBIT. MR. ALTBAUM NAll'rS 153 SQUARE FEITI TIll CIn ORDIIlUCB STATBS, "TIll SIa IVu. BI PLACED PERPEHDICULAR TO TIll STREET IT IS ORIUTED TO.. .ft. I ALWAYS THOUGHT PERPUDICULAR MEAR'1' AT A RIGHT ABGLI TO A GIVBJI LIDI TIll PROPOSBD SIa IS ROTI IT SIEMS MR. ALTBAUM THIIIItS BI CAlI GIT WHATIVIR BI WARTS I - ,s: / ../ / DB PUUQUISIHS FOR GUJfTI.O A VARIUCB BAVI .OT BID NI~. .0 IlARJ)SHIP HAS BID SHONJI Bl' MR. ALDAUN. .0 OTIIIR BUS lOSS I. ~ AREA HAS WIIA~ HI WAllTS, SO U APPROVAL or HIS VARIUCB COUI.D 0JIL1' BE CO.SftUED AS A SPECIAL PRIVILEGE FOR MR. ALDAUN. I sno.GLl' UCOMMEIID A DDIAL or BIS APPBALI . 1'0UltS !fRULl', e~,. . ~fL.~ RICIIARJ) ~ BEftl' BECK 203 GUAVA Aw.UE CHUI.A VIS~A, CA. 11910 . . ......~ -3b- I - - , I '-- o7UIrB 7, 1 t116 PLaDtI.G DEPARnmn PUBLIC SERVICE BUILDI.G CIIUL& VIS!rA CIVIC ~:l'llia 276 FOUR!rH A~u& c:tnJLa VIS!rA, CA. '1110. UI CASE IlUMBER IAV-t6-12 . Fl~C~'v. ..., .....- . ~,~ ..Iu'"1: - 1.. l..,~ P .:J~'S 'U./! /- . -.w 1'.'- .. ":...: , -- ~d"!rIo.J PAr.R IlEVIIIS Kr BUSBA1ID AD OUR !rWO CHILDRD au CURREJrrLY RZlft'In ~ RESIDE.CZ A!r 215 GUAVA AVE. 111: RECZIVED ~ IIO!rICE VIA KlLIL RECJARDIIIG ~ PROPOSED &2' ABOVE GRADE 0011 SIGH ~ COlli DR!r A!r ~ COMER or &!rH , E l!r. WOULD LID !fO PW 0. !fOP OF ~IR ALREADY VERY ~ALL BUILDIIIG. BO!rH Kr BUSBA1ID UD I lDOJIGLY OPPOSE !rHIS EYZ SORZIIIII OUR aaenARD WHICH FACES ~ COlli JGUt!r II IIOW PRIVAD AS FAR AS ~RAFFIC .OIIE UD EYE POLLWIO. (E]tCZR FOR ~ ALlmADY ~ !rALL BUILDI.G). .IF BIS LARGE SIGH IS ALLOWED !fO GO UP OUR aaenARD WILL U ILLUMI.A!rED A~ IIIGHT, 1IO!r !fO MUno. BAT 111: WILL UVE !fO S~ARZ A!r BIS SIGH BVBRY ~IME 111: USE OUR PATIO, WHICH II QUID or!ru II.CZ 111: DO LIVE I. lUIIIff SAIl DIZGO COUlln III ~ ft:NPORARl' "GRAIID OPE.IIIG" IIGH BA!r ~ COl. DRT DB PLABDUD ALL OVER ~IR BUILDI.G DB ALREADY WORII OU': ITI 1fELCONI:. CITY ORDI....CZ ALLOWS OIlLY U DAU FOR HMPORARY IIGIII. DIISE lIas UVE UEII UP FOR 3 MOIIITBSIIII ~ COlli DR!r IS U ESTABLISHED BUSIDSS, BVBRl'OD III ~ BOWl BA!r ~1' HAVE MOVED !fO BIS nw LOCA!rIOII. 111: au 1IO!r lURE WDT BIS IIGH IS FOR .XCER !fO TRY UD DRAW PEOI'LI!: I. FROM DEL DR OR SAIl UIDRO KlL1'Bnn ALSO ~ BUS lOSS IS 1IO!r DU !rO mrr I OR 805 waD ~D MIGHT U A OED !rO DRAW nAP'F1C. ...---.-.-. ...-" .-........ _. :ill CLOSI.G, 111: RULli. BAT 111: LIVE 'I. A CCIMMIRCIAL UD USIDBn'IAL PAR!r or !rOD, BU': LETS DSP DOWllf01fII CIIUL& 'nID LOOItIIIG LID A llICE PLACE !rO LIVElli RII nw "J: 17' no. IIa WILL U UllACCE~.T.11!111 111: AU III ~AL OPPOSITIo. !rO RIS VARlUCE. i~~. DYMOIID UD DEBORAH LUTDR 215 GUAVA AVE CIIUL& VISD, CA 11110 -31- " ..... ,. -r-'" . -- ~ _ ~"".a~') \""\~J . .- ",VI , .TUIIZ',ltll 'f~i~~.' .... ftoIIDIllIG DBPAR~2: PUBLIC IERVICB BUILDIRG CHUL& VIS!rA CIVIC CulDR 271 POURD A'V1I;.~B CHUL& VlI!rA, CA. '.1110 ai, casB .uMBBR IAV-"-12 Arsd!rIOJlI PAftX ..vIRS Ia DMB IS PRUCZS A. IWAHLBJI. I All A IoIl'B IoORG CHUL& vISa alSIDO': 0.. 53 DARB AD I AM ~ ownR 0.. PROPERn J.OCA!rZD A!r 215 GUAVA AVEIIUJ:. HIS IS A SIRGLB PAlULX alSIDDCB AD IS CUJUtBftLX BEIRG UIlDD BX A PAIIILX 01' POUR. I All IDOBOLY OPPOSBD ~ AJn: VARIUCB SA'f WOULD au.ow A 62 I'OO'f UOVB GRADB IIGH ~ BE IRS'fAU.ZD U 311 WB" IDBB!r. 311 WB" I'fRZZ'f IS DIRZC'fLX BDIG Ia PROPBan. AJn: IUCH IIGII WOULD BB HIGHLY OB.JZClfIOIlABLB ~ AJn:on WAnIIlG ~ ale HIS PROPBRn UD' CORCBRBS HAVE ALRZADX BEER BXPRZSSSD BX DB PRBIO': OCCUPAnS AFDR RECZIVIRG DBIR RO'fICB 0.. PUBLIC BBARIRG OR HIS HAftSR. HIS IIGR WOULD BS HIGHLX VlSIBLB PROM DB RBAR or HII USIDDCZ AD II' LIG~SD WOULD BB HIGHLY OB.JZClflox.a.T.w. A IIGII or HIS RA!rURB WOULD URDOUB!rEDLX CAUSE lIB A IIOD'fARX IoOSS IR I"u~ud UDAL nGO!rIA!rIORS. I UQUBS'f 'fHA'f YOU DUX HIS VARlUCB. IIRCBRZLX, '", ',.. ~'/I'1I) .....-;4. A. '" u..... rr -- PRUCBS A.' ID-.- J8 LID BBLIX DRIft J.A IIBSA, CA. ,un - 3S:-- " .TUD',1996 1~' ..... .,' r;-.." .-: .- JUUO 7 19* PLlRRI.G DEPAR!h&.~ P1JB1,IC SERVICZ BUILDI.G CHUIA VIS~A CIVIC CBJIDR 211 FOURTH AVDUZ. cmn.& VISD, CA. '1910 U, CABE JrUMBER IAV-"-12 A-n_tIOlf; PATTY IIBVI.S AS USIDEnS WHO HAVE LIVED AT 203 GUAVA (CARDY CA1fB :La1fB) IIICZ lUO, WE OUR VERY UROlfG1oY OPPOSED !rO an VARIAIICZ WHICH WOULD ALLOW !'lIE PROPERTY OWHER AT 396 "E" STREIT, !rO IISTALL A ItOOF MOUJlTED SIGlf !rO !'lIE IlEIemT OF 62 FlI~ &BOW GRADI Olf BIS BUILDIIG. P' t..... ,.... j.... .I\a~..'..,",. FROM OUR RESIDOCZ WE HAVE ALREADY BID FORCSD !rO DDURI IIGB'l TIME LIGHTIHG rROM ARCO'S AM-PM KIll MART (OPO U BOURS) &lID WIIDY'S rLORIST PAlUtllfG LOT LIGB'lIIG. lOW, IF THIS VARIAIICS IS APPROVED, YOU ARE ASKIIG US !rO DDURI DT uemmR VISUAL ED SORE, A LARGE SIGB LOOMIIG BIGH OVER OUR PA~IO &lID BACKYARD DICH WILL VIIDOUB~EDLY BE LIT AT .IemT BATHIIG OUR PATIO &lID BAR InERIOR OF OUR HOME I. rLOREsczns. OlfCE AGl.I. THIS II U IIVASIOH or OUR PRIVACY. THIS IS I~ ACCIPTa-t.JI!. WE LIVE Ilf U AREA or COMMERCIAL &lID USIDDTIAL 1000IlfG. 1fB STROIG1oY rEEL THA~ II ABU IUCH AS THIS, 10ISI POLLftIOlf, VIIUAL POLLUUOI UD AIR POLLftlOI CREATID BY THI COMMERCIAL PROPBRft O1fIfERS, OR BY !'lIE O1fIfER or 396 "E" STREn, THI RIGH'r1 or THI RESIDEB'UAL PROPER~Y O1fIERS SVRROVlDIIG THlSB COMMERCIAL PROPER~IES SHOULD TAItB PRECEDEICS OVER \rill: COMMERCIAL PROPERTY OWHERS RIGHT !rO IlfS~ALL A VIIUALLY InRUSIVI: 62 F~ &BOW GRADB IlemT LITE &BOW OUR PROPERnI BII II I~ ACCEPT"".'I LB'l'1 ASK OURSELVES, II BII 11GB ....u.'f nCSSSARYf 1fBAT 1fB ARE ~AI.1tI.G ABOft lIEU IS A 1fZLL ES~ISHBD CHUI.& VIITA BUIIDSI, (COl. MAR~) DICH BAS MOVED nOM THIRD AV_UIIi II!rO A VERY LaRU ~ I!rORY aAIIJt BUILDIIG LOCADD U 'TH I . ITREBT ~T IS VERY BARD !rO KIll VISUALLY, BECAUSE or IT' I DIGB'l &lID IT' I J.Ot'ATIOlf Olf A CORnR. I AM A1fARB or A FURLY DDJlSIVI: RADIO CllCPUOII !rO HUB PEOPIoB II THE COu.n A1fARB 'DIAT THII BUIIDIS BAS IfOVBD &lID or ITI D1f LOCATIOlf. !rO au.ow THIS BUlIDSI OtIIIBR !rO llITALL A VERY LARGE (,n. S 17FT.) 11011, OR UY IIIE FOR 'DIAT DftER, A!rOP A VERY LARGE BVILDI.G (2 I!rORY), DICH WILL 10 aDVERSELY IMPACT 10 JWn USIDEnIAL BOMEOwnRS LIVI.G RIORT Dft DOOR OR DIIUl:CTI.Y ACROSS THI STUET FROM THII BUIIDII, II COMPIoBTBLY IRRBSPOBSI8IoB. LBT HI ASK YOU THII, 1IIIEII II THI LAST TIKI YOU - 3f -- c DItOVB UOUllJ) ~ LOOJtI8" POR A PUTICULU BUSInss BT LOOJtI8.. POR A &2 rOOT BIGH SI"R WITH IT'S IIAMS OR IT' I DID BAT MOST PBOPz.B WOULD OBTAIR DB ADDUSS or DB PARTICULU BUIInSI, DRIft 'fO TJIM' LOCATIOR UD, VOILZ', DBU'I DB BUSInss. 80 &2 FOOT BIGH II..R HII:DII:DI 80 VISUAL POLLVTIOR, aLL IVRROUIIJ)I8.. USIDBnIAL BOMB OWIIBas AU BAPnl . LIPII: II GOODI A II_ OR DB PACII: or DB BUILDI8.. SHOULD IVPrICI:' 'fO Ion PBOPLS DOIf 1IHU BVSInss IS LOCADD DBU 1 I AN IURI: PII:OPLS WILL PID DII BUSInss BSTABJoISIDCEft WID 80 PR01'T.-, UD DBU II USOLVDLT RO nBD rOR A &2 POOT UOW "RJU)B II_ AT I" ... "ITUI:T, VllLBIS DB ownR IS un8" 'fO UTRACT PBOPLS 18 TIJUDA OR LUOLLAI WI: DBUrou lDOJrGLT OPPOSB GUllTI8.. DIS VARIDCI:. ~n: ~VL~l I~".JZO/~r.~ . RICJWU) UJ) BETn BECK 203 QVAVA AftR1Jl CIIV1.A VISTA, CA. t1t10 ~<L8-u _~o- - /fl- DISCLOSURE STATEMENT ~ /""'~"'P'" , I . ..~~^-~ ....:: '~.~"""'...' ~. ... - ., ., -~'-"'. ~... , - -.' 'IHB crfIOP anJLA VJSTA DJSa.OSURB srLr You are requlJed to file a Statement of DIIcIoIuJe of eenaID owenhIp or ",:,,""'.' 1IIw.u, JlllYlllellII, or CllDpalp eoDtribUtloU, oa aU matten wblc:II will requfre dlscretloDal)' ICtIoa oa !be pan of !be Oty OoUlldl, p....../"I COmmIIIIoD, aad . I aU oilier olllclal bodieL 1be ro1lowiD.lIIrormatloa IIIIIIt be disclosed: . L Ust !be lWDes of aU perIODS lIaWI.a tlDallclallllterelt III !be property whIc:II II !be aubjec:t of !be appUc:atloll or tile eoDtrII:t,..... OWIIet, appl!Clllt, COIltrac:tor,lubeoDtrac:tor.materialauppUer. /7At9/1:'nA./ A-LTSA1.JP1 ~M?9A-~ ItLTt$W/Yl 2. If aay perIOlI" identified punDallt to (I) above II a corporadoll or panIIenhJp, lilt tile aames of aU lDdMduall 0WIIbtJ more tIIaIIlO'JIi of !be lhara III !be corporatloll or 0WIIbt. aay partaenblp lllterelt III tile panaenhlp. NoA/e. 3. If all)' penoll" Identified punDallt to (I) above II DOII-prollt orpalzadoa or a tnlSt, lilt tile Mmes of aay penGlI aervIa. as dlrec:lor of tile DOD-prollt OrpaladOD or as tnlStee or beDelldal)' or tnlStor of tile tnlSL Al4Ne. 4. Have you had more thaD S2SO wonh of buslDess tralllaCted with aay member of tile Oty ltaff, Boards, Qml1II1u1ou, Oommltteel, aDd CouDc:II wltbID tile put tweM mODths? Yes_ No~ If,-, please IDdIc:ate penGD(I): 5. I'lease IdeDtlty cadi aDd eYel)' perIOD, IDc1udln. all)' a,eIIlS, employees. CODlultaDlI, or IIIdepeadeDt CoDtrac:ton who )'Ou !me asslped to represeat you before tile Oty III t~ matter. flL.e.)(' 1/1Lt-A (vA-LLe.r ~AI) OJAKTtA/ A/...-rt3A1/", 0 WA/(!!,/?" 6. Haw you aad/Or your otBcen or ageDII, III !be aure.te, eoDtrfbuted more thaD $1,000 to a OouIIcIImember III tile CIIrrollt or precedln. eJectloD period? Yes_ NoA If,-,Itate wblc:II OoUDrfl_I:Ier(I): Date: 6hht , · · · (N011!: AItac:II addItkmaI.....~ ~...~ /7 m~ ~I',~; Sjpature of eoDtractorlappUClllt mAR-, /11/ A L 7-;fJJ ,191.///1 Print or type ume of CODtrac:torlappUClllt " lmm"""'. .~~fImr, ..,..........joi1rl_.... . . ..a.l......f1-IIIlI-~ ~~"\ ...,....... _...........,..~ '. tNI_..,......".. _.....,.. .. _, t "11 ~ .... piIIuI R.t".."...... ...,...,.". .........'" ........ - L;L.;;l - COUNCIL AGENDA STATEMENT Item / /~0 Meeting Date 9/17/96 ITEM TITLE: Public Hearing Adopting otay Ranch Pre-annexation Development Agreement with Baldwin Builders Ordinance 2690 Adopting otay Ranch Pre-Annexatino Development Agreement Between the city of Chula vista and the Baldwin Builders (first readinq) SUBMITTED BY: Deputy City Manager t:,{L/ city Manager j;';)i. (4j5ths Vote: Yes___ No~) REVIEWED BY: Because revisions to the Agreement are being negotiated on this item, it will be delivered under separate cover or continued to a future Council meeting. / /7 v , , COUNCIL AGENDA STATEMENT Item: / tfr MeetingDate: S~tember 17.1996 ITEM TITLE: 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: Village Development for Tract 96-04 require a public hearing.) Approving the Indemnification with (This is a related item, but does not 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: 642-080-0 I. D.) RESOLUTION No. 18398: 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, Tract 96-04, and making the necessary findings, and denying approval of alternative tentative map proposals. SUBMITIED BY, SpocW PImmmg Project, ";'\.,,0<'" Rm<h.~, tJ _______ REVIEWED BY: City Manage"-. \l\ t.>tf,}0\\ 4/5thsVote:Yes_No X) The public hearing on this revised Tentative Ma~JapPli:tion was continued trom the August 20, 1996 and September 10, 1996 meetings. 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, 11.5 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 to delete this approximately 288-acre area trom the origina! Tentative Map and redesign the lots in Village One and Five adjacent to the WCLF properties. /~ -/ Item: ----' Page 2 Meeting Date: September 17. 1996 The Environmental Review Coordinator has reviewed the proposed revised Tentative Map and the alternatives and has determined that, while the revised map is in substantial conformance with the Otay Ranch SPA One Plan for which Final Environmental Impact Report 95-01 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 EIR 95-01. Therefore, staff recommends adoption of the Second Addendum to and recertification ofFEIR 95-01 and First Addendum and reapproval of the Statement of Overriding Considerations and the Mitigation Monitoring Program related thereto. ISSUES: The following are policy and design issues: · Implications of deleting 288 acres ITom the previously proposed Tentative Map (WCLF) . Gated Neighborhoods (Council requested issue) · Resource Conveyance Agreement (Resolution 18416) · Indemnification Agreement (Resolution 184 17) 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, ChuIa Vista Tract 96-04. Adopt the attached resolution of approval for the Tentative Subdivision Map for Village One and Phase I-A of Village Five of the Otay Ranch SPA One, ChuIa Vista Tract 96-04, in accordance with the findings and subject to the conditions contained in the attached Draft City Council Resolution (Attachment 2). BOARDS/COMMISSIONS RECOMMENDATIONS: 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 West Coat Land Fund: The original 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 a 'Stay of Action'; which was previously applied to the property, //~~ Item: --' Page 3 Meeting Date: September 17.1996 that prohibited WCLF ITom foreclosing on the subject property. In light of this action, Village Development requested a two-week continuance ITom the August 6 City Council hearing date so that they might prepare a revised Tentative Map excluding the 288 acres on which WCLF held 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 until August IS, 1996 to enable the debtors to file the necessary papers with the 9th District Court of Appeals. On Monday, August 19, the United States Court of Appeal for the Ninth Circuit denied the Appellant's emergency motion for a stay pending appeal of the bankruptcy court's order granting relief from the automatic stay. On Friday, August 23, West Coast Land Fund became property owner of the 288 acres. Bank of America: On August 28, 19% the City was notified of a pending foreclosure by the Bank of America which could take effect on September 13. The pending foreclosure involves 1,600 acres in the Otay Valley Parcel, of which 540.7 are part of the Tentative Map and 1,820 acres on the Resort site. Development Al!reement: A Pre-Annexation Development Agreement for Village Development was approved by the City Council on July 16, 1996. This agreement provides 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 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. Access to EastLake Trianl!Ular Parcel: Some time in the future, when appropriate, EastLake will be requesting that the City install a signalized intersection on Otay Lakes Road at the triangular parcel. EastLake has funded a private traffic study that indicates a mid-block signal would function within City standards. EastLake Development also commissioned City staff to have a traffic study done to determine whether or not a traffic signal and median opening would be warranted on Otay lakes Road at the entrance to the EastLake triangular parcel. This study, which was done by BRW, Inc., indicated that it may be more desirable to have a signal installed at the entrance to the triangular parcel rather than limit the traffic to right turns in and out and have that traffic making "U-turns" at a signal to the east. However, the study also indicated that, if the signals at SR-125 ramps were not interconnected with the City signals and on the same timing system, backups could occur which would stack up through the entrance to the triangular parcel. Staff will make a [mal determination on the advisability of a traffic signal and median opening when a development proposal with sufficient traffic generation information is submitted to the City for approval. The Planning Commission took no action on this issue. This information is being presented to the City Council for information only. No action is recommended at this point in time. /6 -3 Item: ---' Page 4 Meeting Date: September 17.1996 2. APPLICANT'S PROPOSAL The Applicant is proposing to revise the tentative map to delete the 288 acres of WCLF 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-l 0 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-fami1y 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 If the City Council wishes to approve the applicant's proposal, they should adopt the resolution and conditions in Attachment 1. 3. ISSUES A. Implications of deleting approximately 288 acres from the previously proposed tentative map Technical Committee: The Technical Committee consisting of representatives trom 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: 1) 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 regarding the park, school and CPF uses located on their property in the Village Five Core. 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. 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. /~-i Item: ~ Page 5 Meeting Date: September 17. 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. 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 Village 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 of 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, only the single-family 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 the WCLF property. Gates 1, 2 and 3 now restrict auto access to the Village One neighborhoods north of Palomar Street. There are 874 single-family homes behind these gates on Village Development property. There were lIS lots in Neighborhoods R-9 and R-lI that are on WCLF collateral on the original Tentative Map. Gates 5,6 and 7 restrict vehicular access to the 159 homes proposed south of Palomar Street in Village One. On the original Tentative Map, there were 199 lots in the WCLF collateral and 185 in Village /' It:!;; Item: --' Page 6 Meeting Date: September 17.1996 Developments property (Neighborhoods R-12, 13 and 14). Vehicular access to the Village Development's portion of Village Five is now restricted by Gates 9 and 10. All the gates restrict vehicular access only. 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 either alternative, 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 rrom a social perspective. Concerns have been raised that separating segments of society behind gates will only 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 'tlefined" 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 that usually involve people who are known to each other, like murder and rape, 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 rrom high volume residential streets makes the streets quieter and safer for children. In addition, if only residents are allowed access to the streets, monitoring strangers driving through neighborhoods will be easier, therefore, making the area safer for the residents. Opponents argue that gating a community may do nothing more than transfer the problem of residential traffic rrom 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. /~~t Item: ---' Page 7 Meeting Date: Seotember 17,1996 Emergency Access: Gated communities pose challenges for emergency responses ITOm 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 West Coast Land Fund (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 and La Media and to La Media and Orange Avenue, respectively. This creates a serious design issue for the residents of Village Five ofWCLF 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 neo-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: . 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. /~- ? Item: --' Page 8 Meeting Date: September 17.1996 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 rrom the homeowners association. Recommendation: The gates, as proposed on the Tentative Map, meet the criteria as proposed by staff in the following table. While restricting vehicular access to a limited number of the single-family neighborhoods could be acceptable, staff is still concerned about the number of units proposed behind gates in this project and recommends denial of the gates as proposed. Gated products on a reduced scale may be acceptable and might be advantageous to the overall project by providing an additional mix of residential opportunities to the overall community. So, while what is proposed by the applicant is not recommended, less intense gated areas could be acceptable. Additionally, at the July 10 Planning Commission hearing, the Commission reiterated their previous position which was not in support of gating the project. Jt'% Item: ~ Page 9 Meeting Date: September 17.1996 The following table analyzes the 10 proposed gates in relationship to the above criteria: Gates S Village 1 Vinag~J Village 5 WCLF Total # of N/O Palomar s/oPalomar Gates 1 I 2 I 3 5 J 6 J 1 9 I 10 4 r 8 10 General .. Criteria GMOC Yes Yes Yes Yes Yes Threshold Standards Ped$Ce$s Yes Yes Yes Yes Yes CityOrd Yes No Yes Yes Yes/No Other Yes Yes Yes Yes Yes ~encies NUfubet..or 874 159 1098 9&9 1 119& 4318 Uilits S~c Crit~ria Signs Yes Yes Yes Yes Yes Signs to Yes Yes Yes Y~s Yes IJUblicfac Facilities Yes Yes Yes Yes Yes private ACcess to Yes Yes Yes Yes Yes other attractors Public Yes Yes Yes Yes Yes enfurcmnt Staffed No I Yes No Yes Yes Yes/No Stacking Yes Yes Yes Yes Yes P"CStieet Yes Yes Yes Yes Yes Pvt Drain Yes Yes Yes Yes Yes N. St. Yes Yes Yes Yes Yes Li~ School Bus Yes Y~s Yes Yes Yes /j- / Item: --' Page 10 Meeting Date: September 17.1996 C. Comparison ofOtay Ranch to the Paloma Planned Community in San Marcos At the August 20, 1996 public hearing on the Development Agreement for Baldwin Builders, a number of residents ITom 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 will be the subject of a later 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 oftheir fair share of the CFD It. Iv Item: ~ Page 11 Meeting Date: September 17. 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 Durchase. 2.) PROVISION OF PUBLIC FACILITIES San Marcos Chula Vista Otay 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 park( s) after the first 500 duo Required to never be in deficit or building permits may be withheld. (Conditions of Approval #3,71 and 79). PAD fees will be reimbursed if turn- key facility provided. Fire stations financed 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. # 90). 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. /& -J / Item: ----' Page 12 Meeting Date: September 17.1996 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 1,150 units 2,650 units 3,000 units 3,900 units Deliver graded first elementary school site with access road & utilities to the site, in 500 units Villap;e One 150 students First Elemental)' 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 Village 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 Elemental)' School opened (West of Paseo 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 TRAFFIC RELATED IMPROVEMENTS Construct or guarantee the construction of offsite Telegraph 300 units Can on Road I-805rrel a h Can on Road interchan e 500 units Either: offiite 4 lane East Palomar St. and 1/2 diamond; Or: 0 Ave as a 6 lane rime arterial to Paseo Ranchero 1,414 e ivalent dwellin units Either: offiite E. Palomar St. & Orange Ave. to 4 lane majors with 1/2 diamond at I-805/Palomar; Or: Palomar St. to a 4 lane major & Orange Ave. to a 6 lane prime 4,009 equivalent dwelling units arterial to Paseo Ranchero It ~ ;.2 Item: --' Page 13 Meeting Date: September 17. 1996 D. Status of Saint Claire (Telegraph Canyon Estates) At the August 20 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 will be dealt with in a separate communication. 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 an attachment to 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 along with a Resolution approving said agreement. 4. STAFF 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-family 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 (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. Construction of Gate 10 would also be possible. 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 Village One and Five. West Coast Land Fund has previously indicated they are not satisfied with the SPA One land use plan, and they may desire an amendment to adjust the school and park locations, increase the commercial acreage, delete multi-family areas and add single- /~ -/ J Item: ---' Page 14 Meeting Date: September 17.1996 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. Alternative A-I - Approve Village 1 and Phase lA of Village 5 Continue the balance of Village 5 for 60 days or until the City Council meeting of November 12, 1996 This alternative is essentially the same as Alternative A However, by continuing rather than denying the balance of Village 5 it would allow the applicant the flexibility to continue negotiating with West Coast Land Fund on replanning for the areas. If the balance of Village 5 were denied, the applicant would be required to resubmit and refile an entirely new application in the future, at such time as land use issues are negotiated with the City and WCLF. Should the City Council choose this option, Attachment 2 is the appropriate Resolution and conditions for the Council to approve. Staff should be directed to amend the Resolution to delete references to "denial" and substitute with "continuance". Alternative B - Approve Village One Only Another alternative is approval of the Tentative Map for only Village Development's portion of Village One and denial of the map for Village Five. 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 11 7.1 acres of open space If the City Council wishes to approve the staff alternative for only Village One, a resolution of approval with conditions is available for Council consideration (Attachment 3). 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. However, the June 1996 invoice of $88,156.46 was due and payable on July 25, 1996. The July 1996 invoice for $76,234.83 was due and /~ ~JY Item: --' Page 15 Meeting Date: Seotember 17.1996 payable on August 26, 1996 for a total of $164,391.29. On August 28, 1996 the City received $99,379.76 for the June and July 1996 invoice. This leaves a balance of $65,011.53. 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. Attachments: Exhibit A: Exhibit B: Exhibit C: Exhibit D: Exhibit E: Exhibit F: Exhibit G: Exhibit H: Exhibit I: Attachment I Attachment 2 Attachment 3 Revised Tentative Map Proposed Phasing Plan Second Addendum to Otay Ranch SPA One EIR 95-01 Otay Ranch Tentative Map Data Otay Ranch Ownership Map Resource Conveyanoe Agreement Resolution 18416 approving Resource Conveyanoe Agreement Indemnification Agreement Resolution 18417 approving Indemnification Agreement Draft City Council Resolution #18398 Approving Applicant's Proposal Draft City Council Resolution # 183 98 Approving Staff Alternative A - Village I and Phase I-A Draft City Council Resolution #18398 Approving Staff Alternative B - Village I .' ...- J cb -)}J -' ., i \ . . . . i i s .. . \ , , ",,.tIC,,,,E." - - - - . -"-- - " "1 0" % . . % o 0- '.. ~~ ~> ~ r"-: l~i -i ! ~, \ ~ -i' \ ;.1 I ' , \ '---_ :_ II --J -~ ~ % o 0- d~ ~~ .- oS )-7' I; , '~ r I -J <<I ,--- ..---.- - - - - .i 00 n z. ou .~ N <C = ... 80 ~..... Hr,:j = '-' ~~ !. iit - N ~.. - 0 !::N ::1~ ~'" ><<0: ~o. - ..., , ~ ...; .._~ .:.":~..- f'': ,.~~., . o ~ r:----R0"'l 0f)'~' , '\ :::;'\'~\cI~~; ~ \ ''::~:,S ' <~"S::'I & ./1 ',~,''-.....''4 ;~o ::-.:::: S' ': r:::: ..... ....'-:' ~ ".::..:: I. ,~ ...... , ---..... ..."'[ . u, ~_ ~ -{! ~ ~~ ~ :~ ~ ~ ,I ~ 05 ~ ~ 0 .... I co:: 0 ~ 1 ~, ~ " , J '" ~ Q ~ II; w '" '" < < ~ z 0 Co Z Ll.I e c Ll.I -' ci c: '" '" " :s ~ ~ o >- a: ~ ::;: ::;: ::> (/) Ll.I (/) ~ :r: CL ~!" LI11::~ J II ". = N..,O...... Ion ~::> \:::j:;;j:;;: ;; w "~r-. ~ 00 ~ 10..",_.: "" ~ ~~ I:LL:: . I "~- -'- n~:~ at:....... - 10 ::>'" -1:- -,- "';:: - - " ~ >- ~;!1:!: s!+~ =~ -' -' " ;; :Ii" . -("- . ~ = < -T ':N ;; ~ J:IJI- ~ L U I ~ . . - g g . :::1- ........... . ~ wi '" ~ , :5 C, CI ~ -' :5' - :5 . < ) c =1 c >- ;;' ~ ~ e > > > . "' '" ~ '" ~ = o >- = < " " I : : \ . '!' = "' o ~ <> ~~ i~ ,. . ~ >- , = . : "' '" , . " 0 <: , " '. w -- 0 ,;; <i: , , 0'" 0\ , , w!!' -~-.-.:~:..::.-- ~ "'u~ , ~2 = , ,) <: c, '" , * " 0 "' ,~ I 4(" , ~I II r-::---... , - ( '1-: \ , I \\ I ',\, , -- - , i .J .'c , , , '----- --- " .~~. - : ~c:.' '1...-1 -I' LI' I=-, o '" < w o = ~ o '" '" H '" H x OJ EXHIBIT "C" SECOND ADDENDUM TO THE DRAFT SECOND-TIER ENVIRONMENTAL IMPACT REPORT OTA Y RANCH SECTIONAL PLANNING AREA ONE Regarding the Reduction in Project Scale EIR 95-01 SCH #95021012 August 1996 Prepared by City of Chula Vista P.O. Box 1087 Chula Vista, CA 91912 I. INTRODUCTION Section 15162 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 ofthe following: (A) (B) (C) (D) 1I~' .adden=2doc 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 those 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 alternative Page 2 (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 Jead agency shall determine 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 I, II 0 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 ITom 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 Ninth District Circuit Court denied the Appellant's emergency motion for a stay pending appeal of the bankruptcy court's order granting relief ITom 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 ITom 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-I 0 has been relotted to reflect the West Coast Land Fund boundary. Village DeveJopment's revised subdivision map for their portion of Otay 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 10-acre elementary school site, seven park sites totaling 28 0 acres, ] 72.1 acres of open space, 11.5 acres of commercial and 18.2 acres of community purpose facility land !lh .ad.:lr:n:-~ d\\.,: P.!g(' :; C. ALTERNATIVES I. 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 with 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 IA 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 IA 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, 122.7 acres of open space, 11.5 acres of commercial and 1].6 acres of community purpose facility land. ill. EV ALVA nON Removing acres of development and reducing the number of dwelling units will reduce the severity of the environmental impacts identified in ErR 95-0]. This proposal would not change any of the thresholds or performance standards contained within the conditions of 11i1- .add~n~: de>c I'af': ~ 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. Il~_~-~' DoUgl~Reid Date: .i'~S/?~ , , Ilb:'.adden~2,doc Page 5 " -;; Q '" " ::E '" ~ . j ~ " ~ -5 " " ~ >> " +> o "-I~!OJI~ <0'0 .. ::ai''''1'~1 ""~~~ ::Oi 0 E-o t: z OJ ~~~!;: 0;:;<;: ~S5: o ~~h g~~o 1: '" Ei '" o OJ ... '" Q g:, ~ ;;: "" " " "" " & :iJ "'.... Og E- ~s:'''~ ~:iJ"~~ 0.. " &Jg ~ > 0 '" ., Q " ",s:'~~ <::) ~.. j ., ..J " >s:'~~ "" " " ~ +> " " o Q +> " " ~ ..:iJ CI~Oe.- ~ g "'~.,~ OOO!:r. ;"n :3~>~ g " ~ ., <~"g! 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" " " ~ " !: ! o " 0__ ~.~ or:-:...; NN~ 0000 ~I.<:I.:-J ~~-1 0__ .~~ .g~~ H N~ gs O~~ ..~- S~cxi O~'" O~~ ci.c:~ ~~~ ci~c-i - -- H ~ - ci~ .M 0"" "".. 0=.... - OM~ M". sr:-:~ QIZIO;- O~~ dde. 11 :: ~'3 51 2 . ~ ! ! 1 co u u .. ~ . . ~ OJ " < .. -' o Q 13 " 00 =1.... N.,M cO~M N" OQ. <.:>~'"' :::: o' 888 :::ri u O~ air;-: ~Q 000 -~" oO.oe-i -- OM M ~~N ri"';"'; O"N ~~" :!~M u ~- d~ MM O~~ -".. cxi~o OM~ -~~ <:xi"';"'; ONG:; 0.,., cido 118 ~'3 t 21 ~ ~ ! ! I " " . " " " " " ~ " t " ~g " ' ..~ " .. ~O >-: " ~~ ~ . M ~~ M =: 00 "'.., o N H o . "33 '" .- .~ - " " :0 g ; i! o ; - x - ~I ~ . ~ o " ~ N o .. ,.: Q M . M . 3 " &i o ~ .; ~ -" . 0 2; ." 3 - "- - . ,; . - 0 I ~;! ;1 " " -$~ li~ ..- ~ 0 ; <; ,"" t-:., .. ...."2 c: c:: ::I ~ "+E- -- Is: ~.2 ~~H Q! e;; .! $ c: + " ~:;H ~'i.~~ ., :I'~ j ~ .,J 18".:1 . ~ . ;" 8iJ!;&: ~ ... <:J"a c ~ :J~;3"~ ~ ;:J fI b - -; ... :::~ !~Q~~ . 3: Q 0. ... 'i . ... :;I i:'I Si! '- c.. QO=11,~Q ~~i'O;~-~~ 0';0:1)-5 ':-;::ci~~='i'r ~ldm~~";~ ..JJ::~ol:j~ g.~ g~.;::4-:.. .'::.~.;::ci5~=::5~ s ~ ~J::~:2j-E:: ~ OJ ;;:?J"Oj ~ t6 ! ..=2=:2ZQ<c.; ; f 'S f <> '" ." . ~ " ~ ,; ~ t . . . . . 1 ~ ~ ~ ~ ~ .. [[[I]] Otay Ranch, L.P, ~: :::::: Village Development [TII West Coast Land Fund gJ Baldwin Builders ~ SNMS, Inc, ~ Jewels of Charity D Stephen and Mary Patrick Birch Foundation ~ Greg Smith D United Enterprises A North !RID Bank of America Scale: 1: 2400 Date: August 27, 1996 Otay Ranch Ownerships - -'~._.:. -< ---- \ .. ,(.- r. .. > ' " "'., ...lr)! L.lnd Use.,..... .-J - -"f ......'~-~~~.. o '. " , , , " i " 'I ) ',. \. I ~. ,f< \ J VllI.Ar,E 3 \"'-' i " 0.' ~ '~:. EXHIBIT E . PAGE 1 OF 2 28 ".',,,, ."", ... "\,, ,. "",.1". _1\"'" " ",' " <,' ,; M.jO ,.,U, , ' ,\, I, 'k, /,- I i( !, r ii\ ,',I 'I, , ,...,: ,24: " '1 () l' '1-"-" .. ~ r" --~ ~ [' ~-;' ...~ .:,. \, 1 I : \ : -. ,. "'1" I--' " 'I . ..). 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"'-'J' '" J."':: < EXHIBIT E ",~:.;,,~j~":' PAGE 2 OF 2 {:x{t.c"bf II F II 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 S21000 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 1 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 wi thin 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 S21000 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, 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 2 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 ErR, including those mitigation measures relating to the creation of the 11,375 acre Resource Preserve; and, 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. 5 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 3 vista Municipal Code section 18.08.180, which includes what may be referred to as an "A Map" or "Superblock 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. Pursuant to the SPA One Tentative Map, there are 1,054.2 acres of developable land within SPA One, which requires Village to convey 1,252.4 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 paM 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. Notwithstanding Paragraph 4, upon written consent of the paM 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 paM has a first priority interest in such land. Where an easement is conveyed, fee title shall be conveyed immediately upon demand by the paM. Where consent and subordination cannot be obtained, Village shall convey fee title. 4 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 paM'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 paM. It is anticipated that said City ordinance will be 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. 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 or 2 RMP, the provisions of the SPA I Conveyance Plan, Phase I or 2 RMP shall prevail. 12. The City is a third party benef iciary 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. 5 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. 6 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 OTAY RANCH, L.P., a California limited partnership By: Sky Communities, Inc., a California corporation, General Partner Ann Moore Acting City Attorney By: C:\AgMt\Convagr1,Doc 7 EXHIBIT "G" RESOLUTION NO. /{j"Ij/(P 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 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 921000 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 ofOtay Ranch, the phased creation of an 11,375-acre Resource Preserve to be owned and operated by a public or quasi-public Preserve OwnerlManager; 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 ofChula Vista and the San Diego County Board of Supervisors, requires that for every one acre of developable land within Otay Ranch, the project applicant must convey I 188 acres of preserve land to the Preserve OwnerfManager as a condition of approval of each Final Map, or pay a fee-in-lieu thereof; and, /~ ~ / t WHEREAS, on June 4, 1996, the City ofChula 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 921000 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, 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 ErR, 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 ErR, 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 ErR, 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 ErR, including those mitigation measures relating to the creation of the 1 I ,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 Illitlgates 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 with all existing approvals including the GDP, Phase 1 RMP, Phase 2 RMP and the Open Space Conveyance Plan; and, WHEREAS, the SPA One Conditions of Approval #10 requires an ah'Teement to implement the GDP, Phase 1 and 2 RMP with the City prior to approval of the initial SPA One Tentative Map; Jt:,-;? 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/J\1anager 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 ofChula Vista. Presented by: Approved as to form by: Gerald 1. J amriska, AI CP Special Planning Projects Manager Ann y. Moore Interim City Attorney / ~ - I % !~ -- (9 PASSED, APPROVED and ADOPTED by the City Council of the City ofChula Vista, California, this September 10, 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 1, 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 10th day of September, 1996. Executed this 10th day of September, 1996. Beverly A. Authelet, City Clerk /i-;<j EXHIBIT "H" 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 "The 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, ("The Original Agreement"), and; WHEREAS, good cause exists for amending The Original Agreement. NOW, THEREFORE, the Parties hereto do hereby agree as follows: The following portion of The Original Agreement is hereby amended and shall henceforth read as follows, unless further amended 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 Indemni tees 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 by, or resulting from the Indemnitees'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 Indemnitee's Actions are invalid as not roughly proportional to the impact of the development; or, (5) any and all 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 . ...... 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 DATE: THE OTAY RANCH, L.P., a California limited partnership By Sky Communi ties, Inc., a California corporation, its General Partner, By: Alfred E. Baldwin President vi llage Development, a cal ifornia General Partnership, By: Alfred E. Baldwin General Partner 3 Tiger Development Two, a California Limited Partnership, By: Alfred E. Baldwin President James Baldwin, by Alfred E. Baldwin, his attorney in fact per power of attorney attached Alfred E. Baldwin c: \Ag_t\Aundllnt. Ind 4 EXHIBIT "111 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 Ann Y. Moore, Acting City City Attorney C:\rs\resource.ind /tb '" c2/J Attachment 1 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 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 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 ViUage one portion of the proposed tentative map owned by ViUage Development be recommended for approval, or in the alternative, the portions ofViUage One owned by ViUage 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 Counci~ in the environmental evaluation of said GDP, relied in part on cc910Al.doc /6~;J) 1 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 corridors, 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: (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, 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 and continued again to September 17, 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 90-0 I, FEIR 95-0 I, 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; CC9J7A,1.DOC /i~;J2 2 SECTION 2. CEQA Finding re Project within Scope of Prior Program ElR. The City Council hereby finds that: (1.) there were no changes in the project iTom 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 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 ofthe 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 of land 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. CC917AI DOC /d> ---;; J 3 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, 28 acres (gross) of neighborhood parks and the payment ofP AD 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 FElR 95-01. 5. Conservation - The Program ElR and FElR 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). ] ] . 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. CC917Al.DOC /~ -.2 Y 4 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 ITOm 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. 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 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. CC917Al.DOC / j, ~,,)_5 5 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 comparitively 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 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 identiJYing 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 CC9J7Al.DOC / j 'c.J? 6 SECTION 9. 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 modifY 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 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 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: (can be found in backup notebook) 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 #~{) ~(j 0'" ~ CC917Al.DOC / j, -:27 /~- r27 . . PASSED, APPROVED and ADOPTED by the City Council of the City ofChula Vista, California, this 17th day of September, 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 the 17th day of September, 1996. Executed this 17th day of September, 1996. Beverly A. Authelet, City Clerk CC9] 7.\1 ,DOC Ii -.,;< r 8 ATTACHMENT 1 TENTATIVE MAP - OTA Y RANCH Vll..LAGES 1 & 5 EXCLUDING 288 ACRES LOCATED IN A PORTION OF Vll..LAGE ONE AND FIVE CONDnnONSOFAPPROVAL 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 fTee and clear of all encumbrances, unless otherwise excused by the City. The tentative map and all conditions herein are predicated on a previously approved Development Agreement. Prior to approval of the first final map (including an "A" map) all property owners shall formally consent to the applicability of the Development Agreement. In the event any property owner does not so consent, any approval of the tentative map shall be null and void. Prior to approval of the first final map including an "A" Map, the applicant shall create and submit a financing plan for approval by the City which guarantees the implementation of the conditions of approval for the approved tentative map which includes but is not limited to conditions of approval 21, 23, 24, 28, 30, 32, 33, 35, 39, 54, 55, 85, 92, 102, 107, 108 and 119. Should conflicting wording or standards occur between these conditions of approval, the Development Agreement or any other approved documents associated with the project, any conflict sshall be resolved by the City Manager or designee. GENERAIJPRELIMINARY 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". CC9IOCIF.DOC 1 Vi111 &S An I 3. If any of the tenns, covenants or conditions contained herein shall fail to occur or if they are, by their tenns, to be implemented and maintained over time, if any of such conditions fail to be so implemented and maintained according to their tenns, the City shall have the right to revoke or modifY all approvals herein granted including issuance of building 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. 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 fonn approved by the City Attorney. 7. The tenns, 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"). 8. The applicant shall comply with the tenns of the Conveyance Agreement, adopted by Resolution # 18416 by the City Council on August 20, 1996 ("Conveyance Agreement"). ENVIRONMENTAL 9. 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. 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. The applicant shall comply with the appropriate 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. Anny Corps of Engineers. CC910CIF.DOC 2 Villl&5 An I 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. 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 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 ofthe 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 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., 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 !Tee 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 !Tee 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 !Teestanding 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. CC910CIFDOC 3 Vill1&5 An 1 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 PUBUC IMPROVEMENTS 21. Dedicate for public use all the public streets shown on the tentative map within the subdivision boundary. The applicant shall enter into an agreement to guarantee the construction of all street improvements required by the PFFP prior to the approval of the final map containing the appropriate number of dwelling units identified in the PFFP. 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 shal1 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 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. CC910CIF.DOC 4 Villl&S An 1 Unless otherwise approved by the City Engineer, the developer shall provide a cul-de-sac at the end of alJ 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. 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 on the appropriate final map or earlier, by separate instrument, if the SR-125 freeway goes forward and conveyance of the right-of-way is required by the City. Include the maintenance of said lot in an open space district until transferred to the State of California or its designee. 24. As part of the associated improvement plans, 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 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 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. CC9JOCIF.DOC 5 \'i1l1 &5 An 1 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 ITom 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 and may seek, with the concurrence of the City, repayment ITom 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 aBer construction has commenced. 32. Prior to approval of any final map proposing to construct Santa Madera Avenue between Telegraph Canyon Road and Morgan Hill Drive ("Temporary Roadway"), 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 ITom 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 with the City 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 . CC910CIF.DOC 6 VillI &5 An I ~- 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 the 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 bonds 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 -inlright-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 of the "Temporary Roadway" 33. Provide the necessary modifications to the 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 CC910CIF.DOC 7 VillI &5 AU 1 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 map, as determined by the City Engineer, grant said lot in fee to the City for open space, transportation, and other public uses. 35. Guarantee the construction and enter into an agreement to construct, prior to the approval of any final map for Neighborhoods R-15, 16, 17, 18, 19, CPF-l, 2, 3, C-l 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. 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 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 transverse public streets. 38. Grant on the final 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 CC910CIF.DOC 8 Villl&5 An 1 public purposes along silld 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 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. 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 final 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 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 map. The developer shall submit striping, sign age and landscape plans for all traffic circles CC910CIFDOC 9 Yillt &5 AnI 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 map. 45. Righi-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: (I) 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. 47. Prior to approval of the first final 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 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 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 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 map or grading permit for land draining into the Poggi Canyon or (2) the first final map or grading permit which requires construction of Santa Madera between Telegraph Canyon Road and Morgan Hill Drive ("Temporary Roadway"), the developer shall: CC910ClF.DOC 10 ViI!] &5 An I a. Guarantee the construction ofthe applicable drainage facility, as follows: I. Runoff detentionldesilting basin and naturalized channel in Poggi Canyon; or 2. Runoff detention Basin in Telegraph Canyon Channel The developer shall be responsible for obtaining all permits and agreements with the environmental regulatory agencies required to perfonn 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 map or grading permit for land draining into the existing Telegraph Canyon Channel, where the developer agrees to perfonn the following activities within the portion of said existing channel extending ITom 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. CC9 J DC J F.DOC 11 ViII] &5 An 1 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 ITom 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 (l) 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 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) ITom 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 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 (l) 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 . CC9JOCJF.DOC 12 Villi &5 An J 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 landscape/irrigation 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 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. 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 win 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 map a 20 feet mmunum 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. CC9JOCIF,DOC 13 Villi &5 Art! PARKS/OPEN SPACE/WILDLIFE PRESERVATION 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/I,OOO 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 acrell,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 consuitant( s), to be funded by the applicant. The cost for the consuitant( 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. 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 CC910CIFDOC 14 Vi111 &5 Aut 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 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. The location of the other neighborhood park, if any, shall be determined in conjunction with the phasing study noted below. 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/],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. CC910C1F.DOC 15 Yill] &5 Att J 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 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 1,150th dwelJing unit. Said relocation may require an amendment to the Otay Ranch General Development Plan. d. Notwithstanding that the community park requirement (1 acre/1,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 ofthe building permit for the 3,900th dwelJing unit. g. If the Director of Parks and Recreation determines that it is not feasible for the Applicant to commence construction ofthe 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. 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. CC910CJF,DOC 16 ViII 1 &5 An I 84. Trails/Open Space: b. All trails shaH connect to adjoining existing and/or proposed trails in neighboring development projects, as determined by the Director of Parks and Recreation. c. 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. d. 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. e. 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. f. 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 ITom 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 shaH not receive park credit. OPEN SPACE/ASSESSMENTS 86 Prior to the approval of the first final map, the developer shall: a. Submit and obtain approval of the SPA One Open Space Master Plan ITom 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. CC910CIF_DOC 17 \'!I] I &5 Au 1 b. Request the fonnation of an Open Space District pursuant to the 1972 Landscaping and Lighting Act for the Otay Valley Parcel of the Otay Ranch. This district fonnation shall be submitted to Council consideration prior to approval of the first final 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 consideration prior to approval of the first final map. c. Submit a list of all OT 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 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 ITom the improvements. This includes but is not limited to the cost of maintenance and all cost to comply with the Department of Fish and Game and Corps of Engineers permit requirements. 4. The proposed detention basin and naturalized channel in Poggi Canyon. This includes but is not limited to the cost of maintenance and all cost to comply with the Department of Fish and Game and the Corps of Engineers permit requirements. 5. Community Gardens 6. Pedestrian Bridges. CC910CIF.DOC 18 \')]] 1 &5 AU 1 . 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 $]5,000 to begin the process the 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 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 t 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 ITom 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. 9] . 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 Homeovmer's Association 92. Provide documentation, prior to the approval of the first final map, to the Director of Planning and the City Engineer that an annex able 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. CC910CIF_DOC 19 ViIlJ&5 An 1 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 map. The developer shall receive 100% credits towards future PFDIF fees for funding this update. Provide a deposit of $20,000 to begin this process. AJl cost of revising the PFDIF shall be borne by the developer. WATER 94. Provide to the City a letter ITom 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). 95. Present verification to the City Engineer in a form of a letter ITom Otay Water District that the subdivision will be provided adequate water service and long term water storage facilities. EASEMENTS 96. Grant to the City a 10' wide easement for general utility purposes along public street ITontage of all open space lots offered for dedication to the City unless otherwise approved by the City Engineer. 97. Indicate on the final 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. 98. Obtain, prior to approval of any final 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. 99. Notify the City at least 60 days prior to consideration of the final map by City if off-site right- of-way cannot be obtained as required by the Conditions of approval. (Only off-site right-of-way or easements affected by Section 66462.5 of the Subdivision Map Act are covered by this condition.) After said notification, the developer shall: a. Pay the full cost of acquiring off-site right-of-way or easements required by the Conditions of Approval of the tentative map. b. Deposit with the City the estimated cost of acquiring said right-of-way or easements. Said estimate to be approved by the City Engineer. c. Have all easements and/or right-of-way documents and plats prepared and appraisals complete which are necessary to commence condemnation proceedings as determined by the City Attorney. CC910CIF.DOC 20 "il1] &5 An 1 d. Request that the City use its powers of Eminent Domain to acquire right-of-way, easements or licenses needed for off-site improvements or work related to the final map. The developers shall pay all costs, both direct and indirect incurred in said acquisition. The requirements of a, b, and c above shall be accomplished prior to the approval of the appropriate Final Map. 100. Grant easements to subsequent owners pursuant to Section 18.20.150 of the City Code on any final map that proposes private utilities or drainage facilities crossing property lines as directed by the City Engineer. 101. Grant to City on the appropriate final 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 102. Enter into an 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 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 pennits 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, ITom 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. CC910CIF.DOC 21 Vi]] J&5 ,\n 1 d. Hold the City harmless rrom any liability for erosion, siltation or increase flow of drainage resulting ITom this project. e. Ensure that all rranchised 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 rranchised cable television companies who are, and remain in compliance with, all of the terms and conditions of the rranchise and which are in further compliance with all other rules, regulations, ordinances and procedures regulating and affecting the operation of cable television companies as same may have been, or may rrom time to time be issued by the City of Chula Vista. f Include in the Articles of Incorporation or Charter for the Homeowners' Association (BOA) provisions prohibiting the HOA ITom dedicating or conveying for public streets, land used for private streets without approval of 100% of all the HOA members. 103. Enter into an supplemental agreement with the City prior to approval of the first final 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. 104. The applicant shall dedicate 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. . 105. Prior to approval of the first final map (including any superblock, or financial final map) 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: 1) 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; 2.) 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); 3.) 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 4.) 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 CC9JOC1F.DOC 22 Yilll &5 Au 1 Agreement shall become conditions of this resolution, and is hereby incorporated herein by this reference. 106. The Applicant shall pay, prior to approval of the first final 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 I-80S Freeway. 107. The applicant shall enter into an agreement with the City, prior to approval of each final 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). 108. The developer shall enter into an agreement prior to approval of the first final map where the developer agrees to not protest the formation of a facilities benefit district or other financing mechanism acceptable to the City for the construction of East Palomar Street between Paseo Ranchero and La Media Road and between La Media Road and East Orange Avenue. 109. The City shall not require bonding for the construction of East Palomar Street between Paseo Ranchero and La Media Road and between La Media Road and East Orange Avenue if the developer submits and obtains the approval of the City, prior to approval of the first final map, (including the "A" Map) of a financing plan for the construction of said improvements, as well as the pedestrian bridge crossing La Media and provides security satisfactory to the City to insure the completion of the improvements The financing p1an may include payment of fees and the timing of payment of said fees. If the City does not approve said financing plan, the developer may request the formation of a facilities benefit district, assessment district or other financing mechanism for the construction of said improvements. Said financing mechanism shall be submitted to Council for consideration prior to approval of the first final map. SCHOOLS 110. Prior to the approval of the first final 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 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. 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 CC9JOC1FDOC 23 YillJ & 5 An 1 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% of all the Homeowners' Association members. 115. 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 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 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 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. In the event of a filing of a final map which requires over sizing (in accordance with the restrictions of state law and City ordinances) of the improvements necessary to serve other properties, said CC910C1FDOC 24 \'11! 1 &S An 1 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 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 and the Otay Ranch General Development Plan (GDP), the Applicant shall 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. 121. The owners of each Village shall be responsible for retaining a project manager to coordinate the processing of discretionary permit applications originating from the private sector and submitted to the City of Chula Vista. The project manager shall establish a formal submittal package required of each developer to ensure a high standard of design and to ensure consistency with standards and policies identified in the adopted SPA Plan. The project manager shall have a well rounded educational background and experience, including but not limited to land use planning and architecture. 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 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, , HarriUs 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 124. The CPF-2 site located ,vithin Village One, shall be considered a floating designation and shall be located in Neighborhood R-] 5 Project design for this site will be submitted, reviewed and approved by the Director of Planning concurrently \\~th the Precise Plan for this area. CC91 DC J F_DOC 25 YillJ &5 An I PHASING 125. Pursuant to the provisions of the Growth Management Ordinance (Section 19.09 of the CYMC) and the Otay Ranch GDP, the Applicant shall 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. 126. The Applicant acknowledges that the Otay Ranch General Development Plan is based on a village concept that provides for the construction of multi-family homes and commercial uses along with single family residential homes within SPA One. The City has allowed the early phases of the project to consist almost exclusively of single family detached neighborhoods due to current market conditions. However, the Applicant understands that it is the City's intent to require the Applicant to focus development on only one of the SPA One village cores in order to increase the viability of the core and to fulfill the objectives of the Otay Ranch General Development Plan. In order to facilitate this. objective, the Applicant shall prepare a project phasing update to determine which of the two villages the Applicant will concentrate development in. The phasing study shall provide for the following: 1) access to the high school site, community park site and neighborhood park which is economically and physically feasible; 2) establishment of a residential phasing program to complement the east-west access selection (East Palomar Street or East Orange Avenue); 3) identifY the village that will be the focus of accelerated development; 4) consideration of market conditions, product absorption and location of appropriate product to meet demand; 5) limitation of public services in the village which is not the focus of accelerated development and, 6) provision for affordable housing opportunities as identified in the approved Affordable Housing Plan. The study shall be undertaken prior to issuance of the 1150th building permit and shall be submitted for approval by the Planning Director and City Engineer prior to the issuance of the 1,401 st building permit. The Applicant shall enter into an agreement with the City, prior to the approval of the first final map, in which the Applicant agrees to implement the results of said study as determined by the City Council. If the Applicant fails to implement the results of the study as directed by City Council, the City Council may take such actions as it deems necessary, including but not limited to withholding building permits. 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. CC910C1F,DOC 26 Yilll & 5 An 1 128. The Public Facilities Finance Plan or revisions hereto shal1 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 trom the assumptions contained in the PFFP (i.e., the development of EastLake III). Neither the PFFP nor any other SPA One document grant the Applicant an entitlement to develop as assumed in the PFFP, or limit the SPA One's facility improvement requirements to those identified in the PFFP Compliance with the City of Chula Vista threshold standards, based on actual development patterns and updated forecasts in reliance on changing entitlements and market conditions, shall govern SPA One development patterns and the facility improvement requirements to serve such development. In addition, the sequence in which improvements are constructed shall correspond to any future Eastern Chula Vista Transportation Phasing Plan or amendment to the Growth Management Program and Ordinance adopted by the City. The City Engineer may modifY the sequence of improvement construction should conditions change to warrant such a revision. Concurrent with the approval of the first final map approved after the PFFP for the EastLake III GDP Area, the Applicant shall update, at the Applicant's expense and subject to a Reimbursement Agreement, the SPA 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, shal1 become a condition for aU 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 aU plans shall be in accordance with the provisions of the Subdivision Map Act and the City ofChula Vista Subdivision Ordinance and Subdivision Manual. 130. Underground aU utilities within the subdivision in accordance with Municipal Code requirements. 131. Pay the fol1owing 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 DIY f Poggi Canyon Sewer Basin DIF as may be adopted by the City in the future. g Telegraph Canyon Basin Drainage DIF CC9jOCIF DOC 27 \.i11l &5 .\n 1 h. Reimbursement District for Telegraph Canyon Road Phase 2 Undergrounding. 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 ifpurnp 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 ITom 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 10(a) permit applicable to the property 140 All proposed development shall be consistent with the Otay Ranch SPA One Planned Community District Regulations GA TED AREAS CC910C1FDOC 28 \'i111&5 An 1 The following conditions will be included in the final Resolution only if the City Council specifically approves the gated concept. 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 aU private streets in separate lots. Provide on the Final 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 othernise approved by the City Engineer. Private street cross sections shall conform to those shmVll on the Tentative Map. 145. Provide at all private streets with controlled access, the follmving 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 Marsha1l, including but not limited to proposals for staffing, "opticon" 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 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. C(I)]iICJ ["DOC 29 \ II] 1 8:. ~ \n] 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 CITY CLASSIFICATION OF STREET CLASSIFICATION OF Scenic Corridor Prime Arterial Prime Arterial Prime Arterial Primary Village Entry Class I Collector Secondary Village Entry Class \I Collector Village Core Class I Collector Residential Promenade Class \II Collector Core Promenade Residential Village Main Residential Village Plaza Residential Residential A and B Residential Alley Alley Standards . E>:hi"=,i t A . . .~_. Attachment 2 Village I and Phase I-A RESOLUTION No. 18398 -;;( 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 S 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 DENYING APPROVAL OF 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 ofChuIa Vista on December 6, 1995, and; WHEREAS, Village Development filed a revised tentative subdivision map for Tract 96-04 ("Project") 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 ofSR-125 into 3,873 residential lots, 172.1 acres of open space, one 10-acre school site and one ten acre school site proposed in a yet to be detemined 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, 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 cc910A2.doc /tf /02~ I the Otay Ranch General Development Plan, Environmental Impact Report No. 90-0], SCH #90]0]54 ("Program EIR 90-0] "), 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, ]996 by Resolution No. ]8286 ("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. 95-0], SCH # 9502]0]2 ("FEIR 95-0]"), and; WHEREAS, this Project is a subsequent activity in the program of development environmentally evaluated under Program EIR 90-0], 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] is required in accordance with CEQA, and; WHEREAS, the Planning Commission held an advertised public hearing on the original tentative map application on July ] 0, ] 996, and another advertised public hearing on the Project on August ]4, ]996 at which time the Planning Commission voted to: (1) recertifY FEIR 95-0]; (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 stafPs 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 denial of the proposed alternative tentative maps other than staff s recommendation, and, WHEREAS, the hearing was held at the time and place as advertised on August 20, 1996, continued to September 10, ] 996 and continued again to September ] 7, 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: cc9]7A.2.doc )i~ 30 2 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)(I)), and; SECTION 2. CEQA Finding re Project within Scope of Prior Program EIR. The City Council hereby finds that: (I) there were no changes in the project from the Program EIR and the 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 (90-01) 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 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: I. Land Use - The Project is a planned community which provides a variety of land 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 cc9J7.A..2_doc /j-J I 3 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 FElR 95-01. 5. Conservation - The Program ElR and FElR 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 necessaI)' 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. 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). I I 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 cc917A2.doc / j 'J..2 4 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 ITom 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 peIlIlit 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 Denial 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 denied 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 denied for Village Five in order to maintain flexibility and orderly development in providing public facilities for schools and parks in Village Five. cc917,udoc Ii- <J}' 5 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 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 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 ofTentative 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 I-A of the Otay Ranch SPA One, Chula Vista Tract 96-04 and denies 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. 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. cc917A.2.doc /~ '-.:31 6 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 ofthe 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 comparitively 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 of 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 cc9 J 7 ~.doc / ~ -35' 7 SECTION 9. Notice ofDetenmnation. City Council directs the Environmental Review Coordinator to post a Notice ofDetenmnation 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 modifY 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 II. 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 detenmned 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 J. Jamriska, AlCP Special Planning Projects Manager Ann Moore Acting City Attorney Attachments: (can be found in backup notebook) 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 cc9 J 7 A2.doc /~...Jt 1~-5? PASSED, APPROVED and ADOPTED by the City Council of the City ofChula Vista, California, this 17th day of September, 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 OlliLA 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 17th day of September, 1996. Executed this 17th day of September, 1996. Beverly A. Authelet, City Clerk It ~J7 cc917A2doc 9 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 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. The tentative map and all conditions herein are predicated on a previously approved Development Agreement. Prior to approval of each final map (including an "A" map) all property owners shall formally consent to the applicability of the Development Agreement.. A financing plan shall be established, as deemed necessary by the City, whereby a procedure is created in which the applicant of each final map will be reimbursed for its costs of providing facilities required by this tentative map beyond its fair share. Prior to approval of the first final map, which includes an "A" Map, the applicant shall create and submit said financing plan for approval by the City which guarantees the implementation of the conditions of approval for this tentative map, including but not limited to conditions of approval 21, 23, 24, 28, 30, 32, 33, 35, 39, 54, 55, 85, 92, 102, 107, 108 and 119 and provide security satisfactory to the City as necessary for the particular condition of approval. Prior to the approval of each final map, each applicant shall agree to comply with said financing plan. Should conflicting wording or standards occur between these conditions of approval, any conflict shall be resolved by the City Manager or designee. GENERALlPRELIMINARY 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" . CC91OCNFDOC Printed: 9/13/96 Attachment 2 --- Vii I & 1 A Page 1 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 ITom 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 ITom and against any and all claims, liabilities and costs, including attorney's fees, arising ITom 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. 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"). 8. The applicant shall comply with the terms of the Conveyance Agreement, adopted by Resolution # 18416 by the City Council on August 20, 1996 ("Conveyance Agreement"). ENVIRONMENTAL 9. Prior to the approval of each final 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 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 ITom time to time by the City. 11. Prior to the approval of each final map, the applicant shall comply with the appropriate in lieu 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. CC910CNF.DOC Printed: 9/13/96 Attachment 2 -- Vi] 1 & lA Page 2 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 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 ofthe 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 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. CC910CNF DOC Printed: 9/1 3196 Attachment 2 -- Vilt & 1 A Page 3 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 PUBUC IMPROVEMENTS 21. Dedicate for public use all the public streets shown on the tentative map within the subdivision boundary. The applicant shall enter into an agreement to guarantee the construction of all street improvements required by the PFFP for that particular phase prior to the approval of the first final map within that designated phase. 22. Secure in accordance with Section 18.16.220 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 cwb, 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 ChuIa Vista Design Standards, ChuIa Vista Street Design Standards, and the ChuIa 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 Pas eo Ranchero not be necessary to provide service to the subject subdivision, their construction may be delayed. The developer shall dedicate on the appropriate final 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 CC91OCNF.DOC Printed: 9/13/96 Attachment 2 --- Vii 1 & I A Page 4 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 associated improvement plans, in conjunction with the final map which triggers the installation of the street improvements, install a fully activated traffic signal including interconnect wiring at the following intersections: c. d. e. East Palomar Street and Paseo Ranchero East Palomar Street and La Media Road East Palomar Street and East Orange Avenue East Orange Avenue and Paseo Ranchero East Orange Avenue and La Media Road . a. b. Install underground improvements, standards and luminaries with construction of street improvements, and instal1 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 ITom the revised list of appropriate tree species described in the Village Design Plan which shall be approved by the Directors ofP1anning, 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 shal1 be provided ITom 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 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. CC910CNF.DOC Attachment 2 --- ViII & lA Printed: 9/13/96 Page S 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 !Tom 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 and may seek, with the concurrence of the City, repayment !Tom 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 HilI 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 penrut !Tom the City approving the necessary modifications to the existing improvements in Telegraph Canyon Road including the provision of a fiilly 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-inlright-out access at said intersection. This work shall be performed at such time as La CC910CNF.DOC Printed: 9/13/96 AUachment 2 ... ViI 1 & 1 A Page 6 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 the 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 bonds 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 -inlright -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 associated improvement plans, with the first final "B" Map in which Paseo Ranchero or La Media is constructed, provide the necessary modifications to the 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 CC910CNF.DOC AttAchment 2 -- ViiI & IA Printed: 9/13/96 Page 7 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. 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 map, as determined by the City Engineer, grant said lot in fee to the City for open space, transportation, and other public uses. 35. Guarantee the construction and enter into an agreement to construct, prior to the approval of any final 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. 36. Provide I) twenty feet setback on driveways from property line to garage and 2) sectional roll- up type garage doors at all properties fronting on streets where cul-de-sacs are ISO feet or less in length except as provided 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 transverse public streets. 39. Grant on the final 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 CC910CNF.DOC Printed: 9/13/96 Attachment 2 ~- ViII & IA Page 8 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 final map, as detennined 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 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 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 map. 45. 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. CC910CNF.DOC Printed: 9/13/96 Attachment 2 - Vii ] & 1 A Page 9 46. Prior to approval of the first final 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. . 47. 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 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 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 rrom the development to an amount equal to or less than the present 100-year rrequency 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 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 map or grading permit for land draining into the Poggi Canyon or (2) the first final 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 developer shall be responsible for obtaining all permits and agreements with the environmental regulatory agencies required to perform this work. CC9JOCNF.DOC Printed: 9/13/96 Attachment 2 -~ Vii I & I A Page 10 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 (mcluding 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 map or grading permit for land draining into the existing Telegraph Canyon Channe~ where the developer agrees to perform the following activities within the portion of said existing channel extending ITom Paseo Ladera to the eastem 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 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 ITom 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 CC910CNF.DOC Printed: 9/13.196 Attachment 2 --- Vii 1 & 1 A Page 11 detennined 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 (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 Engineer. The final design and types of construction materials shall be subject to approval of the Director of Planning and 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.) ITom 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 dirhensions and location of the access roads shall be as determined by the City Engineer. 63. Obtain, prior to approval of the first final 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 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 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, 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. CC910CNF.DOC Printed: 9/13/96 Attachment 2 -- Vii I & I A Page 12 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 Avenue/Paseo Ranchero and Telegraph Canyon Road/Otay Lakes Road, the developer shaIl 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 AvenuelPaseo Ranchero shaIl 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. 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 shaIl 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 71. Provide an improved access road with a minimum width of 12 feet to all sanitary sewer manholes. The roadway sha1l be designed for an H-20 wheel load or other loading as approved by the City Engineer. 72. Grant on the appropriate final map a 20 feet minimum sewer and access easement for sewerlines located between residential units unless otherwise directed by the City Engineer. AIl other easements sha1l meet City standards for required width. PARKS/OPEN SP ACE/WILDLIFE PRESERV AnON General 73. The SPA one project shaIl 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/1, 000 residents) shall be satisfied through the payment offees. CC910CNF.DOC Printed: 9/13/96 Attachment 2 - ViI I & 1 A Page 13 74. 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. 75. 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. 76. 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. 77. 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. 78. 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. 79. Grant in fee all designated public park lands at such time as is necessary to implement the requirements of the PLDO and the PFFP. 80. Pedestrian Parks (also known as mini-Darks): 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. 81. Neighborhood Parks: a. In addition to those PAD fees required by Condition #82, 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: CC910CNF.DOC Printed: 9/13/96 Attachment 2 --- Vii 1 & lA Page 14 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: 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. The location of the other neighborhood park, if any, shall be determined in conjunction with the phasing study noted below. 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 acresl1,000 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. 82. Communitv Parks: a. Prior to approval of each final 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. CC910CNF.DOC Printed: 9/13/96 Attachment 2 -. Viii & IA Page 1.5 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, I 50th dwelling unit. Said relocation may require an amendment to the Otay Ranch General Development Plan. d. Notwithstanding that the community park requirement (I acreJI,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 ChuIa 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 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. 83. Trails/Ooen 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. CC910CNF.DOC Printed: 9/13/96 Attachment 2 -- Vii I & 1 A Page 16 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. 84. 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 ITom 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 85. Prior to the approval of the first final map, the developer shall: a. Submit and obtain approval of the SPA One Open Space Master Plan ITom 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 consideration prior to approval of the first final 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 consideration prior to approval ofthe first final map. c. 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 Homeowner's Association. Include a description, quantity and cost per year for the CC910CNF.DOC Attachment 2 --- Viii & IA Printed: 9/13/96 Page 17 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 offsite) and all other street parkways proposed for maintenance by the open space district or Homeowners' Association, 3. The proposed detention basin in Telegraph Canyon and the fair share of the maintenance of the existing naturalized Telegraph Canyon Channel east of Paseo Ladera as determined by the City Engineer based on the proportional benefit received fTom the improvements. This includes but is not limited to the cost of maintenance and all cost to comply with the Department of Fish and Game and Corps of Engineers permit requirements. 4, The proposed detention basin and naturalized channel in Poggi Canyon. This includes but is not limited to the cost of maintenance and all cost to comply with the Department of Fish and Game and the Corps of Engineers permit requirements. 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 the 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, CC9IOCNF,DQC Attachment 2 -- ViiI & lA Printed: 9/13/96 Page 18 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. 86. 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. . 87. 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. 88. 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. 89. 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. 90. 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. 91. Provide documentation, prior to the approval of the first final 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. 92. 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 map. The 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. 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 a form of a letter from Otay Water District that the subdivision will be provided adequate water service and long term water storage facilities. CC910CNF.DOC Printed: 9/13196 Attachment 2 .n Vii 1 & 1 A Page 19 EASEMENTS 95. Grant to the City a 10' wide easement for general utility purposes along public street ITontage of all open space lots offered for dedication to the City unless otherwise approved by the City Engineer. 96. Indicate on the final 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 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. 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 sha1l: 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 condenrnation 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. 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 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 CC91OCNF.DOC Printed: 9/13/96 Attachment 2 -- Vilt & IA Page 20 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. AGREEMENTSfFINANCIAL 101. Enter into an supplemental agreement with the City, prior to approval of each fina1 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, ITom 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 harmless ITom any liability for erosion, siltation or increase flow of drainage resulting ITom this project. e. Ensure that all ITanchised 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 ITanchised cable television companies who are, and remain in compliance with, all of the terms and conditions of the ITanchise 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 ITom time to time be issued by the City ofChula Vista. f Include in the Articles of Incorporation or Charter for the Homeowners' Association (ROA) 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. CC910CNF.DOC Printed: 9/J 3/96 Attachment 2.- ViII & lA Page 21 102. Enter into an supplemental agreement with the City prior to approval of the first final 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. The applicant shall dedicate 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 I, 1994, shall be amended to permit the land dedication within Village One. . 104. Prior to approval of the first final map (including any superblock, or financial final map) 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: I) 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; 2.) 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); 3.) 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 4.) 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 final 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 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). 107. The developer shall enter into an agreement prior to approval of the first final map where the developer agrees to not protest the formation of a facilities benefit district or other financing mechanism acceptable to the City for the construction of East Palomar Street between Paseo Ranchero and La Media Road and between La Media Road and East Orange Avenue. CC9IOCNF.DOC Printed: 9/13/96 Attachment 2 --- Vii I & I A Page 22 108. The City shall not require bonding for the construction of East Palomar Street between Paseo Ranchero and La Media Road and between La Media Road and East Orange Avenue if the developer submits and obtains the approval of the City, prior to approval of the first final map, (including the "A" Map) of a financing plan for the construction of said improvements, as well as the pedestrian bridge crossing La Media and provides security satisfactory to the City to insure the completion of the improvements The financing plan may include payment of fees and the timing of payment of said fees. If the City does not approve said financing plan, the developer may request the formation of a facilities benefit district, assessment district or other financing mechanism for the construction of said improvements. Said financing mechanism shall be submitted to Council for consideration prior to approval of the first final map. SCHOOLS 109. Prior to the approval of the first final 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 2,65Oth 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. 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 500th 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. Ill. 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. 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 (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 CC910CNF.DOC Printed: 9/13/96 Attachment 2 ... Vii I & 1 A Page 23 l\flSCELLANEOUS 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 of land 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 California System -Zone VI (1983). 116. Prior to approval ofthe 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 or 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. 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 offacilities required to serve such other properties. If for any reason an "A" Map is not done, the developer shall, prior to the first final map ("B" Map), dedicate right of way for all backbone facilities related to but not limited to Conditions # 21, 23, 24, 28, 30, 32, 33, 35, 39, 54, 55, 85, 92, 102, 107, 108 and 119 and bond for those facilities in order to guarantee their construction. If any of these facilities are off site improvements, the developer shall comply with Conditions # 97 and 98 and may request that the City form a reimbursement district to reimburse such costs beyond its fair share. 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 map, as determined by the Planning Director and City Engineer. CC910CNF.DOC Printed: 9/1 3/96 Attachment 2 b_ Vii 1 & 1 A Page 24 118. 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 and the Otay Ranch General Development Plan (GDP), the Applicant shall fund the preparation of an annual report monitoring the development of the community ofOtay Ranch. The annual monitoring report will analyze the supply of, and demand for, public facilities and services governed by the threshold ~tandards. 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. 120. The owners of each Village shall be responsible for retaining a project manager to coordinate the processing of discretionary permit applications originating ITom 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 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, , HarriIls 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. PHASING 124. Pursuant to the provisions of the Growth Management Ordinance (Section 19.09 of the CYMe) and the Otay Ranch GDP, the Applicant shall 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. CC91 OC~F .DOC Printed: 9/13/96 Attachment 2 --- ViI 1 & 1 A Page 25 125. The applicant shall submit to the City a revised phasing for review and approval prior to approval of the first final 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 fina1 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 fina1 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. . 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, actua1 development may differ ITom 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, in compliance with City ordinances, should conditions change to warrant such a revision. Concurrent with the approval of the first fina1 map approved after the approval of 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 I 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 fina1 maps. 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: CC910CNF.DOC Printed: 9/13/96 Attachment 2 ~- Yil1 & lA Page 26 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. 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 ifpump stations for sewer purposes are proposed. 134. Comply with Council Policy No. 522-02 regarding maintenance of natural channels within open spaces. 135. The applicant shall comply with all aspects of the City of Chula Vista Landscape Manual. 136. The Applicant shall comply with Chapter 19.09 of the Chula Vista Municipal Code (Growth Management) as may be amended ITom 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. CC91 OCKF .DOC Printed: 9/13/96 Attachment 2 ... Vii 1 & 1 A Page 27 137. 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 . c 139. All proposed development shall be consistent with the Otay Ranch SPA One Planned Community District Regulations. . GATED AREAS The following conditions will be included in the final Resolution only if the City Council specifically approves the gated concept. 140. Any gates proposed on the tentative tract map are not considered to be approved unless and until specifically approved by the City Council . 141. Parks located within gated areas shall not receive park credit. 142. Include all private streets in separate lots. Provide on the Final Map a certificate granting to the City a public utility easement over the entire private street lots. 143. 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. 144. 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 Marshall, including but not limited to proposals for staffing, "opticon" or keypad system. CC910CNF.DOC Attachment 2 -- ViiI & lA Printed: 9/13/96 Page 28 . ~ " e. A dedicated parking space for the gate attendant. 144. 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 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. CC9JOC!\TDOC Printed: 9/13196 Attachment 2 --- Vii] & I A Page 29 . 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 CITY CLASSIFICATION OF STREET CLASSIFICATION OF Scenic Corridor Prime Arterial Prime Arterial Prime Arterial Primary Village Entry Class I Collector . Secondary Village Entry Class \I 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 . Exhibit A 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 DENYING APPROVAL OF 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 alignment ofSR-125 into 3,873 residential lots, 172.1 acres of open space, one 10-acre school site and one IO-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 cc9I OA3.doc /? ...Jy 1 WHEREAS, the development of the Property has been the subject rnatter 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 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 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 FEIR 95-01 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, a hearing was held at the time and place as advertised on August 20, 1996, continued to September 10, 1996 and continued again to September 17, 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]. CEQA Finding re Previously Examined Effects. The City Council hereby finds that the Project, as described and analyzed in the Program EIR 90-0], FEIR 95-0], and addendum thereto, would have no new effects that were not examined in the preceding Program EIR 90-0] and FEIR 95-0] (Guideline ]5]68 (c)(2)), and; cc910A3.doc /~~Jl 2 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 ITom 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 (90-0 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 first and second addendums 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: I. Land Use - The Project is a planned community which provides a variety of land 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. Jj / zjtfJ cc91O...\3.doc 3 cc910A3.doc 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. /~-y/ 4 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 ITom 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 664 73.1. 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 Denial 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 denied 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 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 c.::91 OAJ.doc II ~r;2- 5 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 denies 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. 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 fiJe in the Office of the City Clerk cc91OA3.doc /~ - y:! 6 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 comparitively 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 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 of 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 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. cc9JOA3 doc .-/ J~ -i-0 7 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 fuil to be so implemented and maintained according to their tenns, the City shall have the right to revoke or modifY aU approvals herein granted, deny, revoke or further condition issuance of aU 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 J. J amriska Special Planning Projects Manager Ann Moore Acting City Attorney Attachments: (can be found in backup notebook) 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 FEJR " +0 cc9WA.1.doc /~ -17 8 PASSED, APPROVED and ADOPTED by the City Council of the City ofChula Vista, California, this 17th day of September 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 17th day of September, 1996. Executed this 17th day of September, 1996. Beverly A. Authelet, City Clerk cc910A3.doc Jj -f7 9 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 detennined 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 ftee and clear of all encumbrances, unless otherwise excused by the City. The tentative map and all conditions herein are predicated on a previously approved Development Agreement. Prior to approval of the first final map (including an ';.\" map) all property owners shall formally consent to the applicability of the Development Agreement. In the event any property owner does not so consent, any approval of the tentative map shall be null and void. Prior to approval of the first final map including an ';.\" Map, the applicant shall create and submit a financing plan for approval by the City which guarantees the implementation of the conditions of approval for the approved tentative map which includes but is not limited to conditions of approval 21, 23, 24, 28, 30, 32, 33, 35, 39, 54, 55, 85, 92, 102, 107, 108 and 119. Should conflicting wording or standards occur between these conditions of approval, the Development Agreement or any other approved documents associated with the project, 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" CC910C3F.DOC VilLI Att.3 1 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. 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"). 8. The applicant shall comply with the terms of the Conveyance Agreement, adopted by Resolution # 18416 by the City Council on August 20, 1996 ("Conveyance Agreement"). ENVIRONMENTAL 9. 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. 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. I I. The applicant shall comply with the appropriate 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. CC910C3F.DOC \'iII.] Att.3 2 DESIGN 13. 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. 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 any final 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, , Mendota Street, Pacifica Ct., Santa Delfina Ave., San Dimas Ct., Hanford Ct., Rocklin Ct., Colton Ct., Rincon Point, Santa Inez Ave., Traver Ct., Vernon Ct., Lindsay St., Morgan Hill Dr., Applegate St., Dunsmuir Ct., Grayson Ct., Greenfield Ct., Livingston Ave., Hayford Dr., Fiddletown Dr., Santa Flora Dr., Bull Cyn. Dr., Buckshot Dr., Belena St. and Carmel Ave. 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 'tombination 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. 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. CC910C3F.DOC Yil1.1 Alt. 3 3 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. The applicant shall enter into an agreement to guarantee the construction of all street improvements required by the PFFP prior to the approval of the final map containing the appropriate number of dwelling units identified in the PFFP. 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 offsite 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 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 CC910C3F.DOC vm.l AU. 3 4 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 associated improvement, 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 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 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. CC910C3F.DOC Yill.] Alt. 3 5 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 rrom 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 rrom other benefiting property owners through a reimbursement district. 30. In the event the Federal Govermnent 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. 31. Prior to approval of any final map proposing to construct Santa Madera Avenue between Telegraph Canyon Road and Morgan Hill Drive ("Temporary Roadway"), 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 rrom 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 with the City 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 CC910C3F.DOC V ill. 1 Att.3 6 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 remarnmg "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 the 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 bonds 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 orIly 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 cost associated with the vacation of the 'Temporary Roadway" 32. Provide the necessary modifications to the existing traffic signals including interconnect wiring at the following intersections: a. Telegraph Canyon Road at St. Claire Drive CC910C3F.DOC ViII.l Att.3 7 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. 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 finaJ 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 finaJ map for Neighborhoods R-15, 16, 17, 18, 19, CPF-I, 2, 3, C-I or 2. or any unit thereo~ 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 I) twenty feet setback on driveways from property line to garage and 2) sectional roll- up type garage doors at all properties fronting on streets where cul-de-sacs are 150 feet or less in length except as provided in the Planned Community District Regulations or approved by the City Engineer and the Planning Director. 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 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. CC910C3F.DOC YiI!.} Att.3 8 b. Shutoff devices as determined by the City Engineer are provided at those locations where private facilities transverse public streets. 37. Grant on the final 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. 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 map, as determined 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 reviewed and approved by the Planning Director prior to approval of the final map that requires construction of La Media Road between East Palomar Street and East Orange Avenue. 41. 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 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 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 map CC910C3I-'.DOC \'ill.l Alt. 3 9 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 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 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 indicating whether the structure will be located on fill, cut or a transition between the two situations unless otherwise approved blthe City Engineer, 48, Comply with all the provisions of the National Pollutant Discharge Elimination System (NPDES) and the Clean Water Program, 49, Provide runoff detention basins or any other facility approved by the City Engineer to reduce the quantity of runoff ITom the development to an amount equal to or less than the present 100-year ITequency runoff. 50, Provide 'Its built" improvement and storm drain plans in DXF file format to the satisfaction of the City Engineer. 51. Grant on the appropriate final 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 (1) the first final map or grading permit for land draining into the Poggi Canyon or (2) the first final 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: CC910C3F.DOC ViII. 1 AU.3 10 I. Runoff detention/desilting basin and naturalized channel in Poggi Canyon; or 2. Runoff detention Basin in Telegraph Canyon Channel The developer shall be responsible for obtaining all pennits 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. 53. Enter into an agreement with the City, prior to approval of the first final 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 ITom 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 detennined by the City Engineer and Director of Parks and Recreation. CC910C3F.DOC \'ilI.1 Att.3 11 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 determined by the City Engineer shall be provided to public drainage structures located in the rear yard of any residential lot. 56. Provide a protective 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 Engineer. The final design and types of construction materials shall be subject to approval of the Director of Planning and 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 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 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 CC910C3F.DOC Vii!. 1 Att.3 12 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 landscapelinigation 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 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. 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 ofthe 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 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. CC910C3F.DOC YiI!.1 Att.3 13 PARKS/OPEN SPACE/WILDLIFE PRESERVATION General 71. The SPA one project shaH 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 acresll,OOO 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 acrel1,000 residents) shall be satisfied through the payment offees. 72. All local parks shall be consistent with the SPA One PFFP and shaH be instaHed by the Applicant. A construction schedule, requiring aH parks to be completed in a timely manner, shaH be approved by the Director of Parks and Recreation. 73. All local parks shaH be designed and constructed consistent with the provisions of the Chula Vista Landscape Manual and related Parks and Recreation Department specifications and policies. 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 shaH 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 shaH mutually agree on a PAD fee reimbursement schedule in coordination with the adopted construction schedule. Milestones wiH 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 shaH 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 aH designated public park lands at such time as is necessary to implement the requirements of the PLDO and the PFFP. CC910C3F.DOC ViII.l AH.3 14 . 78. Pedestrian Parks (also known as mini-Darks): 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 ,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: 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 l1S0th 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 ofthe second phase, require the construction of another neighborhood park at a different location. The location of the other neighborhood park, if any, shall be determined in conjunction with the phasing study noted below. 3. At no time following completion of construction of the first phase of the first neighborhood park shall there be a deficit in '\;onstructed neighborhood park" based upon 2 acres/1,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 '\;onstructed 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. CC910C3F.DOC ViIl.) Alt. 3 15 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 'j\" Map stage, an irrevocable offer of dedication for all neighborhood parks shown on the Tentative Map. 80. Communitv Parks: a. Prior to the approval of each final 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, I 50th dwelling unit. Said relocation may require an amendment to the Otay Ranch General Development Plan. d. Notwithstanding that the community park requirement (I 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 ofthe 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. CC910C3F.DOC ViII.l Att.3 16 i. 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: b. All trails shall connect to adjoining eXlstmg and/or proposed trails m neighboring development projects, as determined by the Director of Parks and Recreation. d. 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. e. 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. f 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 ITOm 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 83. Prior to the approval of the first final map, the developer shall: a. Submit and obtain approval of the SPA One Open Space Master Plan ITom 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 CC910C3F.DOC Vill.1 Att.3 17 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 consideration prior to approval of the first final 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 consideration prior to approval of the first final map. c. Submit a list of all aT 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 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 ITom the improvements. This includes but is not limited to the cost of maintenance and all cost to comply with the Department of Fish and Game and Corps of Engineers permit requirements. 4. The proposed detention basin and naturalized channel in Poggi Canyon. This includes but is not limited to the cost of maintenance and all cost to comply with the Department of Fish and Game and the Corps of Engineers permit requirements. . 5 Community Gardens CC910C3F.DOC Vill.l Att.3 18 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) between Neighborhoods R-8 and R-9., d. Submit an initial deposit of $15,000 to begin the process the 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 sha1l be borne by the developer. e. Provide a1l 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. 84. Include in the CC&Rs, if applicable, the obligation of the Homeowners' Association to maintain a1l 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 ofwa1l to top of slope), along the length of any wa1l abutting an open space district lot, as measured rrom face-of-wa1l to beginning of slope, said area as approved by the City Engineer and the Director of Parks and Recreation. 86. Ensure that a1l buyers oflots adjoining open space lots containing wa1ls maintained by the open space district sign a statement, when purchasing their homes, stipulating that they are aware that the wa1ls are on City property and that they sha1l not modifY or supplement the wa1l 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 Jots 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 map, to the Director of Planning and the City Engineer that an annexable Mello-Roos District, or other financing mechanism approved CC910C3F.DOC VilI.l Att.3 19 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 (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 map. The developer shall receive 100% credits towards future PFDIF fees for funding this update. Provide a deposit of $20,000 to begin this process. All cost of revising the PFDIF shall be borne by the developer. WATER 91. Provide to the City a letter ITom 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). 92. Present verification to the City Engineer in a form of a letter ITom Otay Water District that the subdivision will be provided adequate water service and long term water storage facilities. EASEMENTS 93. 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. 94. Indicate on the final 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. 95. Obtain, prior to approval of any final 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. 96. NotifY the City at least 60 days prior to consideration of the final map by City if off-site right- of-way cannot be obtained as required by the Conditions of approval. (Only off-site right-of-way or easements affected by Section 66462.5 of the Subdivision Map Act are covered by this condition.) After said notification, the developer shall: a. Pay the full cost of acquiring off-site right-of-way or easements required by the Conditions of Approval of the tentative map. b. Deposit with the City the estimated cost of acquiring said right-of-way or easements. Said estimate to be approved by the City Engineer. CC910C3F.DOC VilI.t Att.3 20 . 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. 97. 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. 98. Grant to City on the appropriate final 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 99. Enter into an 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. c. Defend, indemnify and hold harmless the City and its agents, officers and employees, ITom any claim, action or proceeding against the City, or its agents, officers or employees to CC910C3F.DOC VilI.l Att.3 21 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 harmless ITom any liability for erosion, siltation or increase flow of drainage resulting ITom this project. e. Ensure that all fTanchised 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 ITanchised cable television companies who are, and remain in compliance with, all of the terms and conditions of the ITanchise 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 ITom time to time be issued by the City of Chula Vista. f. Include in the Articles of Incorporation or Charter for the Homeowners' Association (ROA) provisions prohibiting the HOA ITom dedicating or conveying for public streets, land used for private streets without approval of 100% of all the HOA members. 100. Enter into an supplemental agreement with the City prior to approval of the first final 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. 101. The applicant shall dedicate 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 either Village One or Village Five. 102. Prior to approval of the first final map (including any superblock, or financial final map) 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: 1) 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; 2.) identifY the overall CC910C3F. DOC ViII.l AU. 3 22 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); 3.) 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 4.) 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. 103. The Applicant shall pay, prior to approval of the first final 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 ofthe 1-805 Freeway. 104. The applicant shall enter into an agreement with the City, prior to approval of each final 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). 105. The developer shall enter into an agreement prior to approval of the first final map where the developer agrees to not protest the formation of a facilities benefit district or other financing mechanism acceptable to the City for the construction of East Palomar Street between Paseo Ranchero and La Media Road and between La Media Road and East Orange Avenue. 106. The City shall not require bonding for the construction of East Palomar Street between Paseo Ranchero and La Media Road and between La Media Road and East Orange Avenue if the developer submits and obtains the approval of the City, prior to approval of the first final map, (including the 'W' Map) of a financing plan for the construction of said improvements, as well as the pedestrian bridge crossing La Media and provides security satisfactory to the City to insure the completion of the improvements The financing plan may include payment of fees and the timing of payment of said fees. If the City does not approve said financing plan, the developer may request the formation of a facilities benefit district, assessment district or other financing mechanism for the construction of said improvements. Said financing mechanism shall be submitted to Council for consideration prior to approval of the first final map. SCHOOLS 107. Prior to the approval of the first final 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 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 CC9100F.DOC Viii. 1 Aft. 3 23 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 500th 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. 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. 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 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 111. 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 Califomia System -Zone VI (1983). 114. Prior to approval ofthe 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 CC910C3F.DOC ViII.l Att.3 24 block" lots corresponding to the units and phasing or combination of units and phasing thereof. Said "A" map shall also show the backbone street dedications and utility easements required to serve the 'super block" lots. All 'super" block lots created shall have access to a dedicated public street. Said "A" map shall not be considered the first map as indicated in other conditions of approval unless said map contains single or multiple family lots 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. 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 offacilities required to serve such other properties. 115. The developer may file a master final map which provides for the sale of super block lots corresponding to the units and phasing or combination of units and phasing thereof. If said super block lots do not show individual lots depicted on the approved tentative map, a subsequent final map shall be filed for any lot which will be further subdivided. All super blocks lots created shall have access to a dedicated public street. Bonds in the amounts determined by the City Engineer shall be posted prior to approval of a master final map. Said master final map shall not be considered the first final map as indicated in other conditions of approval unless said map contains single or multiple family lots shown on the tentative map. 116. 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 final map, as determined by the Planning Director and City Engineer. 117. 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. 118. Pursuant to the provisions of the Growth Management Ordinance and the Otay Ranch General Development Plan (GDP), the Applicant shall fund the preparation of an annual report monitoring the development of the community ofOtay Ranch. The annual monitoring report will analyze the supply of, and demand for, public facilities and services governed by the threshold standards. An annual review shall commence following the first fiscal year in which residential occupancy occurs and is to be completed during the second quarter of the following fiscal year. The annual report shall adhere to those guidelines noted on page 353, Section D of the GDP/SRP. CC910C3F.DOC ViIl.l Att.3 25 119. The owners of Village One shall be responsible for retaining a project manager to coordinate the processing of discretionary permit applications originating ITom 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. 120. 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 map. 121. Fully accessible handicap access shall be provided at the ends of the following cul-de-sacs: Artesia Street, Glendora Court, CaIistoga 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, Be1lena Street, , Pearson Springs Drive, Polo Peak Road and Tuscan Springs Drive,. 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 122. 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. PHASING 123. Pursuant to the provisions of the Growth Management Ordinance (Section 19.09 of the CYMe) and the Otay Ranch GDP, the Applicant shall 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. 124. The applicant shall submit to the City a revised phasing plan for review and approval prior to the approval of the first final map. The PFFP shall be revised where necessary to reflect the revised phasing plan. 125. 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. CC91OC3F.DOC Vill.l Att.3 26 The City Engineer and Planning Director may, at their discretion, modifY the sequence of improvement construction should conditions change to warrant such a revision. 126. 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 of EastLake llI). 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 fina1 maps. CODE REQUIREMENTS 127. 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 ofChula Vista Subdivision Ordinance and Subdivision Manual. 128. Underground all utilities within the subdivision in accordance with Municipal Code requirements. 129. 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 CC910C3F.DOC \'iII.t Art. 3 27 e. Telegraph Canyon Sewer Basin DIP. f Poggi Canyon Sewer Basin DIP as may be adopted by the City in the future. g. Telegraph Canyon Basin Drainage DIP. h. Reimbursement District for Telegraph Canyon Road Phase 2 Undergrounding. Pay the amount of said fees in effect at the time of issuance of building permits. 130. 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. 131. 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. 132. Comply with Council Policy No. 570-03 ifpump stations for sewer purposes are proposed. 133. Comply with Council Policy No. 522-02 regarding maintenance of natural channels within open spaces. 134. The applicant shall comply with all aspects of the City ofChula Vista Landscape Manual. 135. The Applicant shall comply with Chapter 19.09 of the Chula Vista Municipal Code (Growth Management) as may be amended ITom 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. 136. 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. CC910C3F.DOC "iIl.l ^tl.3 28 13 7. The applicant shall apply for and receive a take permit ITom the appropriate resource agencies or comply with an approved MSCP or other equivalent 10(a) permit applicable to the property. 138. All proposed development shall be consistent with the Otay Ranch SPA One Planned Community District Regulations. GATED AREAS The following conditions will be included in the final Resolution only if the City Council specifically approves the gated concept. 139. Any gates proposed on the tentative tract map are not considered to be approved unless and until specifically approved by the City Council. 140. Parks located within gated areas shall not receive park credit. 141. Include all private streets in separate lots. Provide on the Final Map a certificate granting to the City a public utility easement over the entire private street lots. 142. 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. 143. 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 Marshall, including but not limited to proposals for staffing, 'bpticon" or keypad system. e. A dedicated parking space for the gate attendant. 144. 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 CC910C3F.DOC Yill.I Att.3 29 final 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. . . CC910C3F.DOC Viii. 1 Att.3 30 . ~- 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 CITY CLASSIFICATION OF STREET CLASSIFICATION OF Scenic Corridor Prime Arterial Prime Afterial Prime Arterial Primary Village Entry Class I Collector Secondary Village Entry Class II Collector Village Core Class I Collector Residential Promenade Class \\I Collector Core Promenade Residential Village Main Residential .Village Plaza Residential Residential A and B Residential Alley Alley Standards . Exhibit A COUNCIL AGENDA STATEMENT Item 17 Meeting Date 9/17/96 ITEM TITLE: Report Status of Telegraph Canyon Estates (st. Clair Subdivisions) SUBMITTED BY: Director of Parks and Recreation Director of Building and Housing Director of Public Works REVIEWED BY: city Manage~ (4/5ths Vote: Yes___ NO-K-) Staff is still obtaining updated information on relative to the st. Claire project status. recommended that this item be continued for one /7 a number of key As a result, week. issues it is ) ; ci ty Manager's Report rt L Item No. J..9-b" [1'" ,_) August 20, 1996 Agenda TO: The Honorable Mayor and city Council FROM: John D. Goss, city Managert1f SUBJECT: Additional Assistant City Manager position As part of the review of the annual budget, and with the freezing of one Deputy city Manager position due to its incumbent accepting a position in another city, the question was raised as a City Council referral to look at the issue of creating two Assistant city Manager positions. By way of historical background, when I became city Manager in 1983, the City had an Assistant City Manager (Gene Asmus), and a Deputy city Manager (Bill Robens). The latter position was vacant and stayed vacant for some period of time. Subsequently, Jim Thomson (who was a department head) shared the role of being both a department head and Deputy city Manager, and later the Deputy City Manager position that formerly had been filled by Bill Robens, was filled by Sid Morris. After the Montgomery annexation, a third Deputy position was created in 1989, and this was filled by George Krempl, who was promoted from the Planning Director's position. When Gene Asmus retired, sid Morris was promoted to the Assistant City Manager position, and the vacant Deputy city Manager position was not filled. When Jim Thomson left his Deputy city Manager position last month to become Assistant city Manager of Monterey, that position was frozen, leaving an Assistant city Manager and a Deputy City Manager. The Charter states that the City Manager" shall be the executive officer of the City." The Assistant City Manager, the No. 2 position within the city organization, is responsible for the day-to-day administration and represents the City Manager in his absence at official public functions and in conducting agenda and staff meetings. Also, in an emergency, the emergency command chart provides for the Assistant City Manager to be the administrative head of the organization in the city Manager's absence or disability. Because of the size of the city and the number of projects undertaken by the city, the City has had Deputy City Managers who have taken on major projects, as have the Assistant City Manager and the city Manager. In addition, in recent years, direct supervision of individual departments has been split among the Assistant City Manager and the two Deputy City Managers. ~ ~b ~ \ with one Deputy City Manager leaving the City, and that position being frozen, the departments reporting to the remaining Assistant City Manager and Deputy City Manager have been realigned. Nonetheless, the basic conceptual basis for the organization remains the same, with the Assistant City Manager functioning as the No. 2 position administratively, and the Deputy City Manager next in line as the No. 3 position within the organization. The current structure has a number of advantages. First, there is clear authority and responsibility for day-to-day decision-making and operations through the Assistant City Manager, rather than splitting that authority and responsibility between two positions. Second, there is a clear line of succession in the absence of the City Manager. There will be someone who will be the acting City Manager in case the City Manager is on vacation, incapacitated or is otherwise unavailable. There also is a direct line of succession for administering the Emergency Operations Center (EOC) in case the City Manager is incapacitated or is unable to perform those functions. The disadvantage of having two Assistant City Managers is really the reverse of the above described benefits. First, there can be confusion as to the authority and responsibility for making day-to- day decisions, and there can be confusion in terms of the line of authority in the absence of the City Manager or line of succession in the case of an emergency. Another disadvantage is that two Assistant City Managers would give the appearance of making the organization appear top heavy at a time when the whole organization is attempting to streamline and cut back. For the above reasons, it is recommended that the current structure of the City Manager's Office remain unchanged. It should be made clear that this organizational structure is one which I feel is effective, it works, and I would strongly recommend no change at this point. I would also like to acknowledge that the work and effectiveness of both incumbents as Assistant city Manager and Deputy City Manager have been outstanding and to the credit and benefit of the city of Chula Vista. JDG:mab l 'S \~yZ- RANKING OF TOP 20 CALIFORNIA CITIES BASED ON POPULATION January 1, 1996 Ranking by 1/1/96 Population city Population 1- Los Angeles 3,638,148 2. San Diego 1,183,102 3. San Jose 849,363 4. San Francisco 755,315 5. Long Beach 437,780 6. Fresno 400,376 7. Sacramento 384,757 8. Oakland 383,859 9. Santa Ana 305,800 10. Anaheim 293,245 11- Riverside 243,421 12. Stockton 233,561 13. Bakersfield 212,715 14. Glendale 193,452 15. Fremont 187,931 16. Huntington Beach 187,180 17. San Bernardino 181,701 18. Modesto 178,698 19. Oxnard 153,273 20. CHULA VISTA 153,164 21- Garden Grove 151,376 22. Oceanside 147,184 (~ August 12, 1996 Manager's Comments Item No. ~ \ '( Q... Meeting Date 8/20/96 TO: The Honorable Mayor and City Council FROM: John D. Goss, city ManagerfJ SUBJECT: 1-1-95 to 1-1-96 Population Change Recent statistics from the California Department of Finance, Demographic Research Unit, indicate that for the first time Chula vista has made the "Top 20" in population among California's over 480 cities. Based on the January 1, 1996 estimate, the State estimates Chula vista's population as 153,154. Chula vista slipped by Garden Grove, which is estimated to have 151,376 people. Chula vista is virtually in a tie with the 19th largest city in the State, Oxnard, which is estimated to have 153,273 people, 109 more than Chula vista. Chula vista has quite a ways to go to break into the Top 10, with No. 10 being Anaheim (current population 293,254). As a matter of fact, even if the City developed the western parcel of the Otay Ranch plus all the other planned communities in the city, such as EastLake, Rancho del Rey, Sunbow, Salt Creek Ranch, etc., it is projected not to come near that population. It is estimated that when the western parcel of the Otay Ranch with approximately 19,000 dwelling units is annexed into Chula vista and fully developed, it will add approximately 52,000 people to the City's total. That, along with complete build-out of other planned communities, could conceivably add approximately 100,000 to the City's total. Sometime in the future, this would place Chula vista at the approximate same size as Riverside (243,421) is now. That level of growth would take several decades to accomplish. Chula vista's growth rate was 82nd in the State, at 2.25%, slightly below the growth rates of communities like Selma, Auburn, Solvang, Moorpark, Livermore and Santee. Interestingly, Chula Vista (at 153,164 people) is ahead of No. 22 in the State, Oceanside (at 147,184 people). This is despite the fact that Oceanside has 1,594 more dwelling units than Chula Vista. Chula Vista has a larger estimated population, however, because it has a vacancy rate of 4.06% compared to Oceanside's 8.56%, and a slightly larger family size at 2.904 compared to 2.844. 19~~j. Oxnard and Chula Vista, 19th and 20th largest cities in the state, at a little over 153,000 people, have a ways to go to catch up with No. 18, Modesto. Modesto has 178,696 people, a full 25,425 larger than Oxnard. Chula vista and Oceanside still rank 2 and 3 in size in San Diego County, with, of course, San Diego leading the way by a significant margin, with an estimated population of 1,183,102. It has over a million people more than the runner-up, Chula vista. JDG:mab Attachment t ~~-!. INIFOIRMA T~ON MEMORANDUM Item 1-9t1ff \ q, c\ August 15, 1996 FROM: The Honorable Mayor and City Council John D. Goss, City Manager {pi<./' jv ~, f Gerald Young, Principal Management Assistant TO: VIA: SUBJECT: CIP Expenditures in Western Chula Vista At the meeting of July 23, 1996, Councilman Moot requested a report regarding CIP expenditures in the western portion of the City. This request followed an oral communication at that meeting from Mr. Fernando Fernandez, who questioned the attention given to the western portion of the city and particularly Third Avenue. In the years following the Montgomery Annexation, the City has focused on making necessary street overlay and reconstruction (e.g. Broadway. Fifth Avenue). sewer and other infrastructure improvements in that former County territory (See also previous information items; Chula Vista Quarterly article). At the same time, there have been a number of new facilities built or roads extended in the eastern portion of the city. These improvements have been financed primarily through development impact fees, assessed to ensure that existing residents do not bear the costs of new growth. Although this report discusses improvements and appropriations targeted to the western and eastern portions of the City, it should be pointed out that this division is entirely artificial. Facilities east of 1-805 such as Rohr Park are regional assets, used by people from throughout Chula Vista and the South Bay. Similarly, the City's bayfront parks and Civic Center and South Chula Vista Libraries draw heavily from those same regional demographics. Also, the $12 million spent on the Otay Valley Road is credited to the area "east" of 805, which it is, although many peopld would consider it part of "south" Chula Vista. Also. of the $24,176,218 spent on street projects in the "east", $19.2 million of that amount represents two projects: the aforementioned Otay Valley Road project and the widening of Otay Lakes Road to Apache, with $3.9 million of that project funded by developers. !,;lJMMARY nATA Attached are lists of CIP projects since 1991-92 which are either completed or in design/ construction. These projects are summarized on the following table: CIP PROJECTS West East Citywide Total STREET, TRAFFIC, $30,386.487 $24,176.218 $2,307,700 $56,870.405 SEWER/DRAINAGE PARK/RECREATION $12,226,335 $2.710.638 $660.760 $15,597,733 LIBRARIES $14,757,590 $0 $723.413 $15.481,003 REDEVELOPMENT $5,277 .973 $187,200 $1.311,122 $6.776.295 HOUSING $2,551.000; Veterans $1,500,000 $4,051,000 Trolley Terrace Home/Cordova (CHIP spending) oendinQ oroiects oendina TOTAL: $65.199.385 $27,074,056 $6.502,995 $98.776.436 \~d-f ~ CIP Spending August 15, 1996, Page 2 StrAPt Tr;lffir., ;:tnrl ~Awp.r/nr:lin;::lgp. Infr:adrllr.t!rrp Among the more visible projects undertaken in the past several years are the reconstruction of Broadway ($10.8 million) and Fifth Avenue ($2.8 million). Numerous sewer, storm drain, sidewalk, curb and gutter, pavement overlay, traffic signal and median improvements can be more subtle. Nevertheless, they have a tremendous impact in terms of preventing storm- induced flooding, easing the flow of left turning traffic, eliminating potholes, and facilitating pedestrian access, such as between various southwestern Chula Vista schools and the South Chula Vista Library. As shown in the table above, the majority of these improvements have been in the western area of the city, with other major spending concentrated in the Otay Valley Redevelopment Project area ($12 million for Otay Valley Road widening, with more than half of that total coming from assessment district funding). It should also be noted that as the square mileage east of 1-805 increases (currently 55 % of the city) and the streets and other facilities age, the need for capital improvements and maintenance there will increase as well. The City has spent most of its limited funding on Drainage and Flood Control in the Western Part of the City alleviating many areas that experienced serious and frequent flooding. There were two Army Corps of Engineers Flood Control Projects in the West in the late 1980's; Sweetwater River ($18 Million, little City contribution) and Telegraph Canyon Project, 4th Ave. to San Diego Bay ($10 million, City paid $5 million). Since 1991-92 there have been several drainage projects built which alleviated flooding, including; G Street Project ($1.1 million); Sierra Way, west of Broadway ($175,000); Broadway, Naples to Telegraph Canyon Channel, (Approx $400,000); Oxford, 2nd to Del Mar ($276,000); and the channel between Guatay and Naples, east of Hilltop, ($406,000). P;Hk~ :Inri Rp(':rp.;:wtinn The City has developed several major projects in western Chula Vista, including the Norman Park Senior Center ($2.4 million). Community Youth Center ($1.9 million) and Memorial Park reconstruction and remodeling ($2.2 million). Additional sums have been spent to upgrade Parkway Center, Parkway and Loma Verde pools, and Marina View Park, and set aside for the planned Otay Gymnasium ($2.4 million). Still pending is a CIP set-aside ($1 million accrued so far) for acquisition of new park land on the western side of the City and completion of the city's "greenbelt" to include the Otay Valley Regional Park and a connected system of bike trails encircling Chula Vista. Land for the Otay Valley Regional Park is being acquired through various agreements with existing property owners, processing of the Otay Ranch development, and proposed bond measures. Staff is actively pursuing the financial viability of acquiring a parcel on Main Street within the Otay neighborhood. If the site is purchased, a gymnasium and parking lot will be built there. Although Rohr Park improvements and the planned YMCA Aquatics Center are listed here as an eastern area projects, these both have a regional benefit. The balancing of parkland and recreation facilities (e.g. gymnasiums, community centers) is an ongoing issue as new areas of the City develop and is the subject of park master planning efforts. The totals for these line items do not reflect all new facilities since some of these (e.g. Chula Vista Community Park in ~~tJ-2. ., CIP Spending August 15, 1996, Page 3 EastLake, Discovery Park in Rancho del Rey and pending park development along Port tidelands) are constructed by developers or other agencies. I ihr~riF!~ Capital spending for libraries has all been on the western side of the city, save for certain technological improvements which benefit all branch libraries. In 1995, the City opened its award-winning South Chula Vista Ubrary ($14.7 million). thus providing 37,000 square feet of new space for book and audio/visual circulation, literacy training, and reading, study and children's story areas. Not included in the above table is the current service being provided through the EastLake High School library (a non-capital expense of $120,000 per year) or the future construction of an $11 million Rancho del Rey library. RF!rlF!vplnrmp.nt Innwntnwn The City's five redevelopment project areas facilitate improvements to specific neighborhoods where there are issues such as blight, environmental cleanup, and irregularly-sized and difficult- to-develop lots. The project areas are: Town Centre I and II (covering the downtown area, Chula Vista Center, Wal-Mart/South Bay Marketp(ace, and other properties), Bayfront, Otay Valley Road, and Southwest (covering areas around Broadway, Third Avenue, Main Street, Palomar Street and Industrial Boulevard) With most of the City's redevelopment project areas located in the western area, the expenditures over these years have focused there as well. The funding for these projects results from the marginal increase in property tax revenues (tax increment) created by the properties in the project area being put to a higher-value use. These revenues are not the result of an increase in the tax rate, but rather of Redevelopment Agency initiatives to encourage new development and job creation. The capital projects accomplished in the project areas include the Otay Town Neighborhood Revitalization Program ($1 million). public improvements at Rohr ($300,000). and various demolition and environmental cleanup by the bayfront ($1.5 million). In addition to CIPs, city also provided more than $25,000 in funding for the Otay Committee to undertake cleanup campaigns, an Otay Watch newsletter, Otay Community Fair, community identification signs and other cooperative activities. The autopark project ($1.3 million) is shown here as being citywide due to its impacts on the redevelopment of both the Southwest and Otay Valley Road project areas. In Mr. Fernandez' comments, he specifically referred to issues along Third Avenue. Improvements in this area totalling more than $4.2 million include the Memorial Park improvements (see Parks list), Superior Court expansion, parking lots and structure, sidewalk improvements, and various traffic signal improvements. Additionally, through the Town Centre Redevelopment Project Area, Downtown Improvement District, Downtown Business Association, Chamber of Commerce and City, there has been an ongoing cooperative effort to provide for aesthetic, landscaping, parking and other improvements and an emphasis on marketing and special events to assist the local merchants. t ~ ~-~ CIP Spending August 15, 1996, Page 4 "'nll!l:ing Although the City does not normally engage in the business of building homes, a state- mandated 20 percent set-aside of redevelopment funds is dedicated to providing low and moderate-income housing. Projects completed on the west side of Chula Vista with the city's help over the past five years include: the Salvation Army's Silvercrest Residence ($275,000), Park Village Apartments ($350,000), Dorothy Street Manor ($100,000) and L Street Housing ($200,000). In addition to these capital projects, the Agency also funds a CHIP program for housing rehabilitation ($1.5 million; primarily spent in the west, but shown as a citywide project), provides assistance to homeless families or others needing transitional assistance ($1.2 million), and directly assists home-buyers via low interest loans, mortgage credit certificates and other programs. Major projects in the works now include the Veterans Home ($32 million, depending on state and federal grant fund availability) to be adjacent to the Sharp Chula Vista Medical Center, the Trolley Terrace Townhomes ($800,000) being developed in conjunction with the Palomar Trolley Center, and the Cordova family apartments ($500,000) to be assisted in the Rancho del Rey area. Othp-r/Flltllrp. Projp.r.ts. Not included in the above totals are certain projects which benefit the entire city as an improvement to a general system. These include computer-aided dispatch and 800 MHz radio projects, fire station construction/relocation, purchase of new fire apparatus, and the Geographic Information system. In some cases, these projects have drawn on general funding sources that could otherwise be used to fund projects in particular neighborhoods, but a large portion of their funding is provided through grants (e.g Crime Bill), developer fees and other dedicated sources. Finally, on the horizon are plans for various additional west-side neighborhood revitalization projects (Castle Park), extension of H Street to the bayfront, bikeways, bayside park and Dtay Valley Regional Park development and other projects in conjunction with SANDAG, CalTrans, the Port District, and the County of San Diego. If you have any questions, please give me a call at 585-5649. cc: John Lippitt David Palmer Chris Salomone Jess Valenzuela Attachments JV \~ 6-l} U) !!! on en Z~ Q:J: I-C) U:::I :::10 11::11:: I-:J: ml- ZN Oen 0- .... 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Z "'to <( i:)....I "'", a: 0 00 Q >< <( ""... ~~ -' 0 0 wO --..J 0 a: (!)I- II..lI..et ::;; >- ::;; 001-' :I: <( <( z U '" UJ "" \ij\ij~ a: -' a: '" (!) z -' (!) a: <( ~ 0 ... 0 5 0 Wet I- -'a: a: c 3:wu "'a. w >- a.z c>- ::;; 1!' >-"" ..J..JW ;;:5 UJ :5'" et4l:-' > 0 a:~ 1-1-'0 Ua: ir , 0011: UJ (!) UJ- 1-1-11.. w > 0 z > '" 0 III Z 0 --' 1-1-11.. Z '" "" uu- ... UJ ... Z wwu w Z -' 0 z CI ~ UJ U ~ UJ Cij a-'w ::;; >- ::;; oe :I: UJ a: ... UJ 0 II:II:~ ... ~ ... UJ ~ iL a: z UJ "- D.D. i '" '" '" a: '" "" 11..11.. 0 !\1 0 ... !\1 a: UUU "- U '" ... ~ N ~ 0 ... ... .. I') N ~ I') ~ '" UJ ::;; N N N )t -' N >= -' ... ... u. ... "- ~ '" '" ... '" '" ... ,...,...,....,...,....,.... ~~~~~~ l~d- B PARKS AND RECREATION PROJECTS WEST EAST CITYWIDE PROJECT PRI03 $16,778 Rohr Manor Renovation PR 105 $29,800 Repainting - Parkway Gym, Center and Pool PRIlO $2,400,000 Renovation. Norman Park Senior Center PRll2 $1,867,020 Park Improvements. Memorial Park PR1I4 $1,881,460 Rohr Park Improvements Phases I PR1I6 $123,500 Renovate Mechanical System Parkway Gym PR1I8 Heating & Dehumid Units - Parkway Pool PR120 $125,220 Replaster Pool Surface. Parkway Pool PRl21 $432,200 Park Development. Marina View Park PRI28 $36,100 Park Improvements - Eucalyptus Park PR 130 $28,000 Refinish Tennis Courts. 3 locations PR133 $2,410,000 Otay Park Gymnasium PR136 $151,000 Eucalyptus Park Renovation PR137 $1,888,300 Community Youth Center. L Street, 400 block PR138 $17,000 Relighting Tennis Courts High Schools PR140 $60,000 Rehabilitation - Woodlawn Community Center PRI44 $21,500 Parking Lot - Otay Community Center PRI46 $85,000 Play Equipment Renovation-Various Sites PR152 $72,000 Restroom Renovation - Two Parks PR155 $25,900 Path Improvement- EI Rancho del Rey Park PR160 $14,980 Water Management - Computer Software PR161 $7,500 McCandliss Memorial Grove. Phase I 62 $662,813 Parkway Complex Renovation Phase I 1.63 $18,360 Parkway Complex Renovation Phase I ,64 $10,000 Parks Implementation Plan PR167 $36,000 Pedestrian Bridge-CVGC PRI68 $325,930 Memorial Park Improvements Phase n PR169 $46,000 Greg Rogers Park Improvements, Phase I PR174 $22,000 Women's Club Renovation Phase I PR175 $351,492 Hilltop Park Improvements PR177 $35,000 Gayle McCandliss Memorial GrovelPark, Phase IT PR178 $50,000 Gayle McCandliss Memorial GrovelPark, Phase ill PR180 $100,000 Rohr Park Improvements Phase ill PR183 $203,780 Playground Renovations Phase IT PR185 $1,065,000 Park Acquisition West of 1-805 PRI88 $500,000 Eastern Aquatic Complex PR194 $25,000 Norman Park Game Facility PR205 $50,000 Outdoor Sport Courts Renovation. Phase IT PR208 $180,000 Playground Renovation Phase ill PR211 $46,600 American Legion Parking Lot Renovation PR214 $100,500 Restroom Renovations PR217 $12,000 Golf Course Fence PR218 $64,000 Park Security Lighting TOTAL: $12,226,335 $2,710,638 $660,760 GRAND TOTAL: $15,597,733 IOME\ADMIN\PRTEMP2 [ <6drOj LIBRARY PROJECTS proj# Title Project Ttl LB120 HVAC-Main Library $227,200 LB122 Library Automation* $723,413 LB125 South Chula Vista Library $14,267,740 LB126 Parking-Main Library $44,950 LB130 Reroof-Main Library $120,700 LB131 Self check-out $97.000 TOTAL: $15,481,003 * Project is of Citywide benefit \ CZSd-IC) REDEVELOPMENT PROJECTS PIU Projcct Title RDII2 RDII. RDJ22 RDI]! RD)]] RD200 RD20S RD_ RD2JO RD2J5 RD211 RD2J9 RDno Danolition. San Diego Shipbuilding (aka BF 43) Slnactunl RepaiD - Town Centre Parking Facility Demolition @ 300 Bay Blvd Superior Ccut Additiona County "'lianal Ctr. Aok>pod.: NRP Public Improvancntl OIay Town Community Aaim.1 Shelter Reconfipnlion Municipal Parking Lot - Churc.h a. Ccnt.cr Podcin8 s_ Entry S;8'" P.in, Pit Clcanup-City Corpontion Yard Paint Pit Removal Prudential Overall Expenses TCI Rccvalulion Rohr Public Improvements TOTAL M:\HCJMEIADMIN\RDTEMP2 Project ToU! 5615,000 $42,900 176,800 11,300,000 11,311,122 $1,035,029 1187,200 1996,152 159,600 1768,702 132,678 150,000 $301,112 56,776,295 \ <6 C~ - \ \ " HOUSING PRODUCTION 1991 - 1996 (PRESENT) Name of Protect # of Units Citv Cost Estimated Total Cost .CABO 13 0 $300,000 First Time Homebuyer Silvercrest 75 $275,000 $3.0 million Senior Housing Park Village 28 $350,000 $3.0 million Family Apartments Dorothy Street 22 $100,000 $1. 8 million Public Housing L Street 16 $200,000 $1.8 million Public Housing Orange Tree 23 spaces $530,000 $530,000 Brehm-Sanibelle 72 0 ? 31 Fourth 14 $618,000 $930,000 Housing for Homeless Families 17 Fourth 12 $478,000 $850,000 Transitional Housing .Trolley Terrace 18 $800,000 $2.9 million Family Coop Pending Tax Credits .Cordova 40 $500,000 $4.0 million Family Apartments Pending Tax Credits MCC'S 130 0 $2.6 million First time homebuyer Chip Rehab 300 $1.5 million $2.5 million Single family & Mobile home Rehab .Veterans Home 400 beds $2.5 million $32 million 400 Bed Facility aDDroximate Pending Federal Funding ESTIMATED TOTAL: $7,851,000 · In process (VL:B;\WPWIN\HSGPROD) l X d - \2 .~! '. I..... II... KI.... t'.... !I..a tl.____ California Cities Work Together D~ tv ~/7 C (j"cf!<-<-. League of California Cities 1400 K STREET. SACRAMENTO, CA 95814. (916) 658-8200 July 1, 1996 To: The Honorable Mayor and City Council From: Sedalia Sanders, League President, Mayor, El Centro Re: Designation of Voting Delegate for League Annual Conference This year's League Annual Conference is scheduled for Sunday, October 13 through Tuesday, October 15, 1996 in Anaheim. One very important aspect of the Annual Conference is the Annual Business Meeting when the membership takes action on conference resolutions. Annual Conference resolutions guide cities and the League in our efforts to improve the quality, responsiveness and vitality of local government in California. It is important that aU cities be represented at the Business Meeting on Tuesday, October 15, at 9:30 a.m. at the Anaheim Convention Center. To expedite the conduct of business at this important policy-making meeting, each city council should designate a voting representative and an alternate who will be present at the Business Meeting. League bylaws provide that each city is entitled to one vote in matters affecting municipal or League policy. A voting card will be given to the city official designated by the city council on the enclosed "Voting Delegate Form." If the mayor or a member of the city council is in attendance at the Conference, it is expected that one of these officials will be designated as the voting delegate. However, if the city council will not have a registered delegate at the Conference but will be represented by other city officials, one of these officials should be designated the voting delegate or alternate. Please complete and return the enclosed "Voting Delegate Form" to the Sacramento office of the League at the earliest possible time (not later than Friday, September 27,1996), so that proper records may be established for the Conference. The voting delegate may pick up the city's voting card at the designated Voting Card Table located in the League Registration Area. The voting procedures to be followed at this Conference are printed on the reverse side of this memo. Your help in returning the attached "Voting Delegate Form" as soon as possible is appreciated. If you have any questions, please call Lorraine Okabe at (916) 658-8236. J9t:L-j '. " League of California Cities Annual Conference Votin~ Procedures I. Each member city has a right to cast one vote on matters pertaining to League policy. 2. To cast the city's vote a city official must have in his or her possession the city's voting card and be registered with the Credentials Committee. 3. Prior to the Annual Conference, each city should designate a voting delegate and an alternate and return the Voting Delegate Form to the League for use by the Credentials Committee. 4. The voting delegate or alternate may pick up the city's voting card at the voting card desk in the conference registration area. 5. Free exchange of the voting card between the voting delegate and alternate is permitted. 6. If neither the voting delegate nor alternate is able to attend the Business Meeting, the voting delegate or alternate may pass the voting card to another official &om the same city by appearing in person before a representative of the Credentials Committee to make the exchange. Prior to the Business Meeting, exchanges may be made at the "Voting Card" table in the League Registration Area. At the Business Meeting, exchanges may be made at the "Voting Card" table in the linnt of the meeting room. Exchanges may not be made while a roll call vote is in progress because the Credentials Committee will be conducting the roll call. 7. Qualification of an initiative resolution is judged in part by the validity of signatures. Only the signatures of city officials, who, according to the records of the Credentials Committee, are authorized to use the city's voting card and who have left a sample of their signature on the Credentials Committee register will be approved. 8. In case of dispute, the Credentials Committee will determine the right of a city official to vote at the Business Meeting. G:\policylacres\voteproc.doc /7CL - c2 1. VOTING DELEGATE: CITY: LEAGUE OF CALIFORNIA CITIES 1996 ANNUAL CONFERENCE VOTING DELEGATE FORM (NAME) (TITLE) 2. VOTING ALTERNATE: (NAME) Please Return To: League of California Cities Attn: Lorraine Okabe 1400 K Street Sacramento, CA 95814 FAX: 916/658-8240 (TITLE) A TIEST: (NAME) (TITLE Not Later Than Frid&y. Sl;ptember 27. 1996 10 ~--,~"._."" /74- -J L'IpoIi.........'_llV _I':.._,c.,",_..,.~._,.,...,"~. _~. ~.~ ~.~,"__~..,. ~.~.,""_ ,_ .~..