HomeMy WebLinkAboutAgenda Packet 2006/05/23
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C1lY OF
CHULA VISfA
Stephen C. Padilla, Mayor
Patricia E. Chavez, Councilmember David D. Rowlands, Jr., City Manager
John McCann, Council member Ann Moore, City Attorney
Jerry R. Rindone, Council member Susan Bigelow, City Clerk
Steve Castaneda, Councilmember
CALL TO ORDER
I declare under penalty of perjury that I am
employed by the City of Chula Vista in the
Office of the City Clerk and that t posted this .
document on the bulletin board according to CouncIl Chambers
Brown Act requirements. 4 City Hall
6)1JOb . fI~ 276 Fourth Avenue
D~~ . S~n~ .
May 23, 2006
6:00 P.M.
ROLL CALL: Councilmembers Castaneda, Chavez, McCann, Rindone, and Mayor Padilla
PLEDGE OF ALLEGIANCE TO THE FLAG AND MOMENT OF SILENCE
SPECIAL ORDERS OF THE DAY
· PRESENTATION BY MAYOR PADILLA OF A PROCLAMATION TO DAVE
BYERS, DIRECTOR OF PUBLIC WORKS OPERATIONS; MATT LITTLE, DEPUTY
DIRECTOR OF GENERAL SERVICES; AND FRANK RIVERA, PRINCIPAL CIVIL
ENGINEER, PROCLAIMING MAY 21 THROUGH MAY 27,2006 AS NATIONAL
PUBLIC WORKS WEEK
· DID YOU KNOW...WHAT'S 45 YEARS OLD AND GETTING BETTER EVERY
YEAR? THE CITY'S MUSIC IN THE PARKS SUMMER CONCERT SERIES - NEW
P ARKSINEW SCHEDULE. Presented by Roderick Reinhart, Cultural Arts and Funds
Development Manager, and Ric Todd, Cultural Arts Coordinator.
CONSENT CALENDAR
(Items 1 through 8)
The Council will enact the Consent Calendar staff recommendations by one
motion, without discussion, unless a Councilmember, a member of the public, or
City staff requests that an item be removed for discussion. If you wish to speak on
one of these items, please fill out a "Request to Speak" form (available in the
lobby) and submit it to the City Clerk prior to the meeting. Items pulled from the
Consent Calendar will be discussed immediately following the Consent Calendar.
1. WRITTEN COMMUNICATIONS
· Letter of resignation from Emma Abutin, member of the Commission on Aging.
Staff recommendation: Council accept the resignation and direct the City Clerk to
post the vacancy in accordance with Maddy Act requirements.
2. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
ACCEPTING BIDS AND AWARDING A CONTRACT FOR THE GUARDRAIL,
POST, AND RAIL INSTALLATION ALONG EAST FLOWER STREET AND POST
AND RAIL FENCE INST ALLA TION ALONG SURREY DRIVE PROJECT (STL-290)
TO A. B. HASHMI, INCORPORATED, TRANSFERRING FUNDS THEREFOR,
APPROVING THE FORM OF THE CONTRACT WITH A. B. HASHMI,
INCORPORATED, AND AUTHORIZING THE MAYOR TO SIGN THE CONTRACT
(4/5THS VOTE REQUIRED)
The "Guardrail Installation at Various Locations (STL-290)" project was approved and
budgeted as part of the fiscal year 2004 capital improvement program. Adoption of the
resolution authorizes the transfer of funds to the project from the cost savings of the
"Internally Illuminated Street Name Signs (STL-279)" project in the amount of $20,000.
The project will install approximately 220 feet of metal beam guardrail, post and rail
fence along East Flower Street, between Hilltop and Bonita Drives, along with
approximately 115 feet of post and rail fence and appurtenances along Surry Drive.
(Acting Engineering Director)
Staff recommendation: Council adopt the resolution.
3. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
ESTABLISHING A NEW CAPITAL IMPROVEMENT PROJECT ENTITLED "OT A Y
P ARK IMPROVEMENTS" (PR-284), WHICH WILL PROVIDE FOR
IMPROVEMENTS TO THE EXISTING OTAY PARK, LOCATED AT 1613 ALBANY
AVENUE IN WESTERN CHULA VISTA; AND TRANSFERRING EXISTING
FUNDS FROM CIP "WESTERN CHULA VISTA INFRASTRUCTURE" (GG-188)
AND APPROPRIATING TO PR-284 FOR SAID PURPOSE (4/5THS VOTE
REQUIRED)
The need to improve Otay Park, located in western Chula Vista, was identified in 1993.
Community workshops were held and a park master plan was prepared in conjunction
with the adjacent Otay Elementary School. The Council approved the master plan in
1994. Over the past two years, funding sources were identified to implement two
elements of the master plan, a new restroom and one of two designated play areas.
Adoption of the resolution establishes the new capital improvement project and
authorizes the transfer of funds for use on the project. (General Services Director)
Staff recommendation: Council adopt the resolution.
4. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
APPROVING THE JOINT POWERS AGREEMENT CREATING THE CALIFORNIA
STATE ASSOCIATION OF COUNTIES (CSAC) EXCESS INSURANCE
AUTHORITY AS AMENDED FEBRUARY 28, 2006, AND AUTHORIZING THE
MAYOR TO EXECUTE SAID AGREEMENT
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The City has accessed workers' compensation insurance coverage through the CSAC
Excess Insurance Authority (EIA) since 2000 via membership in the California Public
Entity Insurance Authority (CPEIA). The EIA has approved a new governance structure
that allows non-county public entities participation in the governance of the organization,
thus allowing the City to join directly and eliminate the need to maintain the CPEIA as a
separate legal entity. Adoption of the resolution authorizes the execution of the EIAjoint
powers agreement, allowing the City to become a public entity member and have direct
access to EIA's programs with a greater voice in its governance. (Human Resources
Director)
Staff recommendation: Council adopt the resolution.
5. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
AUTHORIZING THE APPLICATION AND, IF AWARDED, ACCEPTANCE OF A
CARL MOYER PROGRAM GRANT FROM THE STATE OF CALIFORNIA AIR
RESOURCES BOARD FOR THE RETROFIT OF HEAVY-DUTY, ON-ROAD
VEHICLE DIESEL ENGINES
On December 8, 2005, the California Air Resources Board adopted a new pollution
control measure to assist public fleets in reducing diesel engine emissions in a timely
manner. The City plans to retrofit its heavy-duty diesel engines with the most cost-
effective emissions control technology available. Adoption of the resolution authorizes
staff to apply for a Carl Moyer Program grant to help offset those costs. (Public Works
Operations Director)
Staff recommendation: Council adopt the resolution.
6. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
WANING THE FORMAL CONSULT ANT SELECTION PROCESS, APPROVING
THE FIRST AMENDMENT TO A THREE-PARTY AGREEMENT WITH ANTHONY
J. LETTIERI, FAICP, CONSULTANT, AND MCMILLIN OTAY RANCH, LLC,
APPLICANT, FOR CONSULTING SERVICES ON THE EASTERN URBAN
CENTER PROJECT, AND AUTHORIZING THE MAYOR TO EXECUTE SAID
CONTRACT AMENDMENT
The Eastern Urban Center is a large and complex project in the Otay Ranch and has been
receiving the attention of senior-level staff and consultants for four years. The proposed
contract amendment takes the project entitlement processing through completion of the
Environmental Impact Report and Sectional Planning Area Plan. (Planning and Building
Director)
Staff recommendation: Council adopt the resolution.
7. RESOLUTION OF THE CITY OF CHULA VISTA PROVIDING PRELIMINARY
APPROVAL OF THE FINAL ENGINEER'S REPORT AND ADOPTING A
RESOLUTION OF INTENT TO RENEW THE PROPERTY-BASED BUSINESS
IMPROVEMENT DISTRICT FOR DOWNTOWN CHULA VISTA FOR A PERIOD
OF TEN YEARS
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Adoption of the resolution preliminarily approves the Engineer's Report dated March 10,
2006, sets a public hearing for July 18, 2006 to receive public input on the renewal of the
Downtown Property-Based Business District (PBID) for a period of ten years, and
authorizes the City Manager to initiate the proceedings to renew the district in
conformance with the PBID law and California Government Code Section 53753.
(Assistant City Manager/Community Development Director)
Staff recommendation: Council adopt the resolution.
8. CONSIDERATION OF APPROVAL TO AMEND THE FISCAL YEAR 2006
EQUIPMENT REPLACEMENT BUDGET TO REPLACE THREE COMBINATION
SEWER CLEANING TRUCKS
Adoption of the resolution authorizes an amendment to the Fiscal Year 2006 equipment
replacement budget, appropriates $819,000 from the available balance of the fleet
management fund, and awards a purchase agreement to Dion International, Inc. for the
replacement of three combination sewer-cleaning trucks. The Purchasing Agent is
authorized to participate in cooperative bids with other government agencies for the
purchase of materials of common usage, and has an opportunity to participate in a current
City of San Diego bid for favorable terms and pricing. (Public Works Operations
Director)
Staff recommendation: Council adopt the following resolution:
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
AMENDING THE FISCAL YEAR 2006 BUDGET BY APPROPRIATING
$819,000 FROM THE AVAILABLE BALANCE OF THE FLEET
MANAGEMENT FUND AND AWARDING A PURCHASE AGREEMENT IN
THE AMOUNT OF $819,000 FOR THREE COMBINATION SEWER
CLEANING TRUCKS TO DION INTERNATIONAL, INC. IN ACCORDANCE
WITH THE TERMS AND CONDITIONS OF CITY OF SAN DIEGO BID 6971-
05-Z AND PURCHASE ORDER 8070191-0 (4/5THS VOTE REQUIRED)
ITEMS REMOVED FROM THE CONSENT CALENDAR
PUBLIC COMMENTS
Persons speaking during Public Comments may address the Council on any
subject matter within the Council's jurisdiction that is not listed as an item on the
agenda. State law generally prohibits the Council from taking action on any issue
not included on the agenda, but, if appropriate, the Council may schedule the
topic for future discussion or refer the matter to staff. Comments are limited to
three minutes.
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May 23,2006
PUBLIC HEARINGS
The following items have been advertised as public hearings as required by law.
If you wish to speak on any item, please fill out a "Request to Speak" form
(available in the lobby) and submit it to the City Clerk prior to the meeting.
9. CONSIDERATION OF AN ORDINANCE ADDING A SECTION TO THE CHULA
VIST A MUNICIPAL CODE TO PROHIBIT SMOKING IN OUTDOOR DINING
ESTABLISHMENTS
In July 2005, citizens and representatives of local organizations contacted the Mayor's
Office expressing their concerns about smoking in outdoor dining establishments. Citing
evidence of the dangers of secondhand smoke, these individuals requested the creation of
a policy that would prohibit smoking in outdoor dining areas in Chula Vista. (Constituent
Services Manager)
Staff recommendation: Council conduct the public hearing and place the following
ordinance on first reading:
ORDINANCE OF THE CITY OF CHULA VISTA ADDING SECTION 8.22.35
TO THE CHULA VISTA MUNICIPAL CODE TO PROHIBIT SMOKING IN
ALL OUTDOOR DINING ESTABLISHMENTS
NOTE:
ITEMS 10 THROUGH 14 PERTAIN TO APPLICATIONS SUBMITTED
BY OTAY PROJECT, L.P. WITH REGARD TO VILLAGES TWO,
THREE AND PORTIONS OF FOUR. THEY WILL BE CONSIDERED
UNDER A CONSOLIDATED PUBLIC HEARING AND STAFF
PRESENTATION.
10. CONSIDERATION OF THE FINAL SECOND TIER ENVIRONMENTAL IMPACT
REPORT (EIR-02-02) FOR OTA Y RANCH VILLAGES TWO, THREE AND A
PORTION OF VILLAGE FOUR, SECTIONAL PLANNING AREA (SPA) PLAN AND
TENTATIVE MAP
Otay Project, L.P. has submitted several applications with regard to Otay Ranch Villages
Two, Three and a portion of Four. A Final Environmental Impact Report has been
prepared in accordance with the California Environmental Quality Act. (Planning and
Building Director)
Staff recommendation: Council adopt the following resolution:
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
CERTIFYING THE FINAL SECOND TIER ENVIRONMENTAL IMPACT
REPORT (EIR 02-02) FOR THE OTAY RANCH VILLAGE TWO, THREE,
AND A PORTION OF VILLAGE FOUR SECTIONAL PLANNING AREA
PLAN AND TENTATIVE MAP; MAKING CERTAIN FINDINGS OF FACT;
ADOPTING A STATEMENT OF OVERRIDING CONSIDERATIONS; AND
ADOPTING A MITIGATION MONITORING AND REPORTING PROGRAM
PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT
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11. CONSIDERATION OF A REQUEST TO AMEND THE CITY OF CHULA VISTA
GENERAL PLAN AND THE OTA Y RANCH GENERAL DEVELOPMENT PLAN,
INCLUDING AMENDMENTS TO THE PHASE I AND 2 RESOURCE
MANAGEMENT PLAN AND CHULA VIST A MUL TIPLE SPECIES
CONSERV ATION PLAN FOR VILLAGES TWO, THREE AND A PORTION OF
VILLAGE FOUR (APPLICANT: OTAY PROJECT L.P.)
Otay Project, L.P. has submitted applications to amend the General Plan and Otay Ranch
General Development Plan, including the Phase 1 and 2 Resource Management Plan.
(Planning and Building Director)
Staff recommendation: Council adopt the following resolution:
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
APPROVING AN AMENDMENT TO THE CITY OF CHULA VISTA
GENERAL PLAN AND THE OT A Y RANCH GENERAL DEVELOPMENT
PLAN, INCLUDING THE PHASE 1 AND 2 RESOURCE MANAGEMENT
PLAN FOR VILLAGES TWO, THREE AND A PORTION OF FOUR
12. CONSIDERATION OF A SECTIONAL PLANNING AREA (SPA) PLAN
INCLUDING PLANNED COMMUNITY DISTRICT REGULATIONS, VILLAGE
DESIGN PLAN, BUSINESS PARK DESIGN PLAN, PUBLIC FACILITIES FINANCE
PLAN, AFFORDABLE HOUSING PROGRAM, AND OTHER REGULATORY
DOCUMENTS ON 1,187.3 ACRES OF LAND IN VILLAGES TWO, THREE AND A
PORTION OF FOUR IN THE OTA Y RANCH
Otay Project, L.P. has submitted an application to adopt the Sectional Planning Area
(SP A) Plan, including Planned Community District Regulations for Villages Two, Three
and a portion of Village Four in the Otay Ranch. (Planning and Building Director)
Staff recommendation: Council adopt the following resolution and place the ordinance
on first reading:
A. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
APPROVING A SECTIONAL PLANNING AREA (SPA) PLAN INCLUDING
PLANNED COMMUNITY DISTRICT REGULATIONS, VILLAGE DESIGN
PLAN, BUSINESS PARK DESIGN PLAN, PUBLIC FACILITIES FINANCE
PLAN, AFFORDABLE HOUSING PROGRAM, AND OTHER REGULATORY
DOCUMENTS ON 1,187.3 ACRES OF LAND IN VILLAGES TWO, THREE
AND A PORTION OF FOUR IN THE OT A Y RANCH
B. ORDINANCE OF THE CITY OF CHULA VISTA APPROVING THE
SECTIONAL PLANNING AREA (SPA) PLANNED COMMUNITY DISTRICT
REGULATIONS FOR OTAY RANCH VILLAGES TWO, THREE AND A
PORTION OF FOUR
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13. CONSIDERATION OF A TENTATIVE SUBDIVISION MAP FOR VILLAGE TWO
AND A PORTION OF VILLAGE FOUR OF OT A Y RANCH (APPLICANT: OT A Y
PROJECT L.P.)
A Tentative Subdivision Map has been submitted for Village Two and a portion of
Village Four. (Planning and Building Director)
Staff recommendation: Council adopt the following resolution:
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
APPROVING A TENTATIVE SUBDIVISION MAP FOR VILLAGE TWO
AND A PORTION OF VILLAGE FOUR OF THE OTA Y RANCH
14. CONSIDERATION OF THE FINAL "A" MAP OF CHULA VISTA TRACT 06-05,
OTA Y RANCH VILLAGE TWO AND A PORTION OF VILLAGE FOUR
The first Final "A" Map has been submitted for approval on Village Two and a portion of
Village Four. (Acting Engineering Director)
Staff recommendation: Council adopt the following resolution:
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
APPROVING THE FINAL "A" MAP OF CHULA VISTA TRACT NO. 06-05,
OTAY RANCH VILLAGE TWO AND PORTION OF VILLAGE FOUR THAT
IS PROPOSING TO VACATE CERTAIN IRREVOCABLE OFFERS OF
DEDICATION FOR PUBLIC PARK AND OTHER PUBLIC PURPOSES,
ACCEPTING ON BEHALF OF THE CITY OF CHULA VIST A THE
EASEMENTS GRANTED ON SAID MAP WITHIN SAID SUBDIVISIONS,
ACKNOWLEDGING ON BEHALF OF THE CITY OF CHULA VISTA THE
IRREVOCABLE OFFER OF DEDICATION OF FEE INTEREST OF LOTS
"A", "B" AND "C" FOR PUBLIC PARK AND LOT "D" FOR OPEN SPACE
PURPOSES, ACCEPTING ON BEHALF OF THE PUBLIC THE PUBLIC
STREETS SHOWN THEREON; APPROVING THE SUBDIVISION
IMPROVEMENT AGREEMENT FOR THE COMPLETION OF
IMPROVEMENTS REQUIRED BY SAID SUBDIVISION; AND APPROVING
THE ASSOCIATED SUPPLEMENTAL SUBDIVISION IMPROVEMENT
AGREEMENT, REQUIRING THE DEVELOPER TO COMPLY WITH
CERTAIN UNFULFILLED CONDITIONS OF THE TENTATIVE MAP FOR
CHULA VISTA TRACT NO. 06-05
ACTION ITEMS
The items listed in this section of the agenda will be considered individually by
the Council, and are expected to elicit discussion and deliberation. If you wish to
speak on any item, please fill out a "Request to Speak" form (available in the
lobby) and submit it to the City Clerk prior to the meeting.
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15. REPORT REGARDING HEALTHY EATING, ACTIVE COMMUNITIES (HEAC)
INITIATIVE IN CHULA VISTA; AND CONSIDERATION OF APPROVAL OF
COUNCIL POLICIES ON BREASTFEEDING SUPPORT AND PUBLIC VENDING
MACHINES IN CITY FACILITIES
The Healthy Eating, Active Communities (HEAC) is a four-year initiative funded by the
California Endowment to address obesity and diabetes among children by improving
food and physical activity environments. The California Endowment, a statewide health
foundation, selected six California cities to participate in its $26 million initiative, and
western Chula Vista is one of the selected sites. Adoption of the resolutions approves
Council policies addressing breastfeeding support and public vending machines in City
facilities. (Assistant City Manager/Library Director)
Staff recommendation: Council adopt the following resolutions:
A. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
ADOPTING A COUNCIL POLICY ON BREASTFEEDING SUPPORT
B. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
ADOPTING A COUNCIL POLICY ON PUBLIC VENDING MACHINES IN
CITY FACILITIES
16. CONSIDERATION OF APPROVAL OF THE PUBLIC WORKS OPERATIONS
DEPARTMENT'S STRATEGIC BUSINESS PLAN
In developing a Strategic Business Plan for Public Warks Operations, several issues were
identified that will affect the department in the next five years. Staff has established
goals to address those issues pro actively and has developed performance measures to
track the progress in achieving those goals. (Public Warks Operations Director)
Staff recommendation: Council adopt the following resolutions:
A. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
APPROVING THE PUBLIC WORKS OPERATIONS DEPARTMENT'S
STRATEGIC BUSINESS PLAN
B. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
AMENDING THE FISCAL YEAR 2006 BUDGET BY APPROPRIATING
$96,600 FROM THE AVAILABLE BALANCE OF PUBLIC FACILITIES
DEVELOPMENT IMP ACT FEE FUND TO PURCHASE EQUIPMENT
(4/5THS VOTE REQUIRED)
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May 23, 2006
17. DISCUSSION OF PROPOSED ORDINANCE AMENDING TITLE 2 OF THE
MUNICIPAL CODE TO ADD CHAPTER 2.72 REGULATING MUNICIPAL
LOBBYISTS
On May 2, 2006, the Council considered a draft ordinance regulating municipal lobbyists.
Based upon the limited direction from the Council, that draft merely required the
registration of lobbyists; it did not contain other restrictions or limitations on lobbying
activities because the only direction received at that point was to require registration.
During the discussion of that draft ordinance, the Council provided additional guidance
as to the types of provisions that should be included in a draft ordinance and referred the
issue to the Ethics Commission. On May 16, 2006, in an effort to expedite the review of
the ordinance, the Council directed this office to return with a draft ordinance directly to
the City Council at its next meeting. (City Attorney)
Staff recommendation: None.
OTHER BUSINESS
18. CITY MANAGER'S REPORTS
19. MAYOR'S REPORTS
. Ratification of appointment of Sara Deavenport to the Cultural Arts Commission.
20. COUNCIL COMMENTS
. Councilmember Rindone: Interim report on the needs of the Chula Vista Superior
Court system.
CLOSED SESSION
Announcements of actions taken in Closed Session shall be made available by
noon on Wednesday following the Council Meeting at the City Attorney's office in
accordance with the Ralph M Brown Act (Government Code 54957.7).
21. CONFERENCE WITH REAL PROPERTY NEGOTIATORS PURSUANT TO
GOVERNMENT CODE SECTION 54956.8
Property: APN: 643-070-10-00; Property owner: City of Chula Vista;
Lessee: HTH Learning, a California non-profit benefit corporation
City Negotiator: City: Dana Smith, Assistant City Manager/Community
Development Director and Denny Stone, Economic Development
Manager
Negotiating parties: Lessee: Jed Wallace, Chief Operating Officer, High Tech High
Communities
ADJOURNMENT to the Regular Meeting on June 6, 2006 at 4:00 p.m. in the Council
Chambers.
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May 23, 2006
In compliance with the
AMERlCANS WITH DISABILITIES ACT
The City of Chula Vista requests individuals who require special accommodations to access, attend,
and/or participate in a City meeting, activity, or service request such accommodation at least forty-eight
hours in advance for meetings and five days for scheduled services and activities. Please contact the City
Clerk for specific information at (619) 691-5041 or Telecommunications Devices for the Deaf (TDD) at
(619) 585-5655. California Relay Service is also available for the hearing impaired.
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May 23,2006
RECEIVED
Date:
May 10, 2006
,. t1AY 16 All:22
G(IfY OF CHUlA V1STJ\
GITY CLERK.S OFFICE
TO:
Karen Harvell
Staff Liaison, City ofChula Vista
E~
1198 Del Sur Court
Chula Vista, CA 91910
FROM:
RE: RESIGNATION LETTER
It is with deepest regret that I submit my resignation as a member of the Chula Vista
Commission on Aging (COA) effective immediately. An expansion of my part-time job
with The Whittier Institute for Diabetes includes working every Wednesday all day thus
preventing me from attending the COA monthly Wednesday meetings.
I have been a COA member for quite sometime. It is a privilege to be a part of a very
dynamic, action-oriented commission that concomitantly demonstrates positive attitude,
excellent teamwork and truly passionate in achieving the goals of CO A.
My term of office expires 6-30-07. I was reappointed 6/30/99 and 7/22/03.
,
COUNCIL AGENDA STATEMENT
Item :f'
Meeting Date OS/23/06
ITEM TITLE:
Resolution accepting bids and awarding a contract for the
Guardrail, Post, and Rail Installation along East Flower Street and Post and
Rail Fence Installation along Surrey Drive (STL-290) project, to A. B.
Hashmi, Incorporated, transferring funds for the STL-290 project, approving
the form ofthe contract with A.B. Hashmi, Incorporated and authorizing the
Mayor to sign the Contract
Acting Director of EngineeringW
/1 ~
City Manager;;/ 1~ V I( (4/Sths Vote: Yes -X- No~
SUBMITTED BY:
REVIEWED BY:
The "Guardrail Installation at Various Locations (STL-290)" project was approved and budgeted as
part of the FY 2004 Capital Improvement Program (CIP). Tonight, the City Council will consider
authorizing staff the transfer of funds to this project from the cost savings of the Internally
Illuminated Street Name Signs, TF-279 project in the amount of$20,000. This project will install
approximately 220' of metal beam guardrail and post and rail fence along East Flower Street
between Hilltop Drive and Bonita Drive. It will also install approximately 115' of post and rail fence
and appurtenances along Surrey Drive in the City of Chula Vista.
RECOMMENDATION: That Council adopt the resolution and authorize staff the transfer of
funds.
BOARDS/COMMISSIONS: Not applicable.
DISCUSSION:
The STL-290 project was approved with Residential Construction Tax (RCT) funding in fiscal year
2004. The City proposes to award a contract for the Guardrail, Post, and Rail Installation along East
Flower Street and Post and Rail Fence Installation along Surrey Drive (STL-290). The scope of
work includes the furnishing and installation of post and rail fences, signs, and metal beam guardrails
with wooden posts. Other work includes saw cut, removal of existing sidewalks and installation of
new asphalt concrete, protection, restoration, removal and disposal of existing improvements,
relocation of utilities, and traffic control.
The STL-290 project originally was programmed to provide for guardrail installations along three
locations: Marina Parkway, East Flower Street, and Surrey Drive. A guardrail will provide buffer
protection for the motoring public from a severe sloping street embankment and will help protect
adjacent properties from vehicular accident damage.
Design work for the STL-290 project started in October of2004 and advertisement was scheduled in
February of2005. Staff cancelled the bid opening of the STL-290 project due to budget constraints
caused by the need for a potential design adjustment. The original two bid proposals that were
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Page 2, Item
Meeting Date OS/23/06
d-
received by staff were sent back to the bidders unopened. Interested bidders who purchased the
plans were sent by mail a free copy of the new revised project specifications.
Adjustment in design ultimately included installation of the post and rail fence on the back of a
sidewalk, which was not considered in the original cost estimate. Also required are the relocation of
a sidewalk and installation of new asphalt concrete along the guardrail post installation. The post
and rail fence will improve pedestrian safety by providing a buffer from the sloping sidewalk
embankment. In addition to the design adjustments, another cost not included in the original
estimate is the required relocation of water utility pull boxes located along East Flower Street. In
order to provide sufficient room for pedestrians between the fencing and the guardrail and to meet
ADA standards, the water facilities needed to be relocated.
Eucalyptus Grove Holdings, LLC was mailed a letter dated March 28, 2006 requesting the removal
of eight parking spaces along the proposed East Flower Street guardrail installation location. After
the guardrail installation at East Flower Street, motorists parking along the guardrail will only have
enough room on one side ofthe car to open and close the doors, thus forcing passengers to unsafely
walk on the street to get onto the sidewalk. Removal of the parking spaces will address this
situation.
On March 31,2006 staffre-advertised the STL-290 project with the scope of work adjustments. The
scope of work includes installation of a guardrail, post, and rail fence along East Flower Street and
post and rail fence and appurtenances along Surrey Drive. Another location originally included in
the STL-290 project, Marina Parkway, was eliminated due to the Bayfront redevelopment plans in
the area potentially impacting the needs assessment and project design. The elimination of the
Marina Parkway location allows funding for the design adjustments needed for STL-290. The
relocation costs associated with the water utility pull boxes are to be shared equally between
Sweetwater Authority and the City. However, current project estimates indicate that additional funds
of approximately $20,000 will be required to complete the STL-290 project.
It is recommended that $20,000 in RCT funds be transferred from TF-279 (internally illuminated
street name signs) in order to complete the STL-290 project. The installation work for the internally
illuminated street name sign (IISNS) project (TF-279) currently has sufficient funding available for
the transfer. City field staffhas completed installing 14 signs within the City. IISNS will continue
to be installed as necessary with available funding.
On April19, 2006, five bids were received from the following contractors:
Contractor
..... ...........-.-.....................................................-..........-.....................-.....................--........................ ................................... ........... ....--......--..............--...........-..--....
A.B. Rashmi, Incorporated (Oceanside, CA)
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Southland Construction (Irvine, CA)
Bid Amount
....... ........................-........--.-...-.-.--..-..---.-.-.... ..-....--.-...-..
$44,370
.. ,,- -.. ........ ...- ........... ......~_.~.._--~--,~...._....._--...._.............~
$64,330
.............._.._..._...__._____.._._m...__..._._.~....,..
$119,400
..............m.................._......_.. ........._......m._m..._...._._.......__...
$89,590
,( ---<
Page 3, Item
Meeting Date OS/23/06
;:;-
ley Construction Co. (National Cit , CA)
,__~_1!~~~!~~,;3 5 5,006.25)
The low bid, submitted by A.B. Hashmi, Incorporated is lower than the engineer's estimate of
$51,970 by $7,600 (17 %). The cost savings from the low bid received has helped lower the
additional costs down to the requested amount of$20,000. Staffhas interviewed references provided
by AB. Hashmi, Incorporated and has received favorable comments of their satisfactory
performance. Healey Construction is the high bidder for this project due to a possible error in an
item cost entry.
Disclosure Statement: The AB. Hashmi, Incorporated's Disclosure Statement is provided as
Attachment 2.
Environmental Status: The Environmental Review Coordinator has reviewed the proposed project
for compliance with the California Environmental Quality Act and has determined that the project
qualifies for a Class 1 categorical exemption pursuant to Section 15301 (Existing Facilities) of the
State CEQA Guidelines. Thus, no further environmental review is necessary.
Conflict of Interest: None of the Council members owns property within 500' along East Flower
Street between Hilltop Drive and Bonita Drive, and none own property within 500' along Surrey
Drive.
FISCAL IMPACT:
...
mmmmo. F'.Q~P.~_.~Q ~L!~~.!Qg.o~oQm~~!.g!J.~.!'!QN
.' A AB. Hashmi, Incorporated (Oceanside, CA)
_o~:' 10% Contingencies
S::.~ taf!_~?.~_~~i. D:..sign.i.. Insp~cti on
D. S we~!~~!~~.!?~~!~~.t..~~?~!..~.~~~~~~?~.~!~.?~..?.L!.Y.~!~~.~!~~!:y) ...........m....
E. Total Expenses to date (Staff Time and Printing Services)
TOT AL FUNDS REQUIRED FOR CONSTRUCTION
.................._-....................................................................................................................................................................
. ........ ...___m........................._......................................................... ...............................................................
mmr. $.--...--44~.370
! $ 4,437
I $ 12,193
.....----,...--.-f..-..
I $ 5,000
.. ..m..,I.......m.....m............................m...,
i $ 29,000 Ii
95,000
FUNDS AVAILABLE FOR CONSTRUCTION
.................... .................._.......~~..~................... ..................................-.--......... ..... ...........-.............-----.-.......................-.........................-...................-...-...-......--....-...-..........................-
A Residential Construction Tax
. ~~~.~.f~~f~~~.~.~...f~?!E:.I!=.~.??J~~.~~.~~~!.~~!.~~~~!~~~~.~?~..!~x fund)m.. ......m.............
TOT AL FUNDS A V AILABLE FOR CONSTRUCTION
$ 75,000
$ 20,000
............................-..-..........................................
$ 95,000
The resolution will award the STL-290 project to AB. Hashmi, Incorporated, authorizes staff to
transfer RCT funds from TF -279 to STL-290 in the amount of $20,000, approve the form of the
Contract and authorize the Mayor to execute the Contract. There is no impact to the General Fund
for construction of the STL-290 project. Construction will be entirely funded from Residential
Construction Tax.
.... ~ ~..:2..'
~ . _.I
Attachments:
Attachment 1: A.B. Hashmi, Incorporated's Disclosure Statement
Attachment 2: Capital Improvements Program Detail
Attachment 3: Vicinity Maps and Details (5 pages)
J: IEngineer\A GENDA ICAS2006\05-2 3-06\STL-290A I 13.m/em.doe
;(/
J-
Page 4, Item
Meeting Date OS/23/06
CITY OF CHULA VISTA
BUDGET AMENDMENT DETAIL FORM
(To be submitted bv Som, the Wednesday. 13 days orior to Council meetino!
(one form per item)
FOR MEETING DATE OS/23/06
SUBMITTED BY: Frank Rivera
EXT. 5045
DEPARTMENT: Enqineerinq
FY'04 Budget Amendments:
GL Key
GL Obj
JL Key
JL Obj
Amount
FY'05 Budget Amendments:
GL Key
71700
71700
GL Obj
7999
7999
JL Key
2459279717
2414290717
JL Obj
400000
400000
Amount
($20.000.00)
$20.000.00
Position Amendments:
Qty
PCN
Title
GL
Key
Start
Date
Step $Bi-
weekly
~~ ~---
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ArrACHMENT \
CITY OF CHULA VISTA DISCLOSURE STATEMENT
Pursuant to Council Policy 101-01, prior to any action upon matters that will require discretionary action
by the Council, Planning Commission and all other official bodies of the City, a statement of disclosure of
certain ownership or financial interests, payments, or campaign contributions for a City of Chula Vista
election must be filed. The following information must be disclosed:
1. List the names of all persons having a financial interest in the property that is the subject of the
application or the contract, e.g., owner, applicant, contractor, subcontractor, material supplier.
~~ l~~\ -~
, Q.., ~~\ t ~ (. .
---4\ J
2. If any person * identified pursuant to (1) above is a corporation or partnership, list the names of all
individuals with a $2000 investment in the business (corporation/partnership) entity.
A~M
l1-A-s \\oM \
3. If any person* identified pursuant to (1) above is a non-profit organization or trust, list the names
of any person serving as director of the non-profit organization or as trustee or beneficiary or
trustor of the trust.
N\~
4. Please identify every person, including any agents, employees, consultants, or independent
contractors you have assigned to represent you before the City in this matter.
~1iM~
~ \\oM\
S. Has any person * associated with this contract had any financial dealings with an official ** of the
City ofChula Vista as it relates to this contract within the past 12 months? Yes_ No~
~\IA
.
14
J : \Engineer\ T raffi c\A CAD Dwgs\CIP P R OJECTS\S t]- 2 90\STL290S pecsRe-ad vertise. doc
~~
-..
If Yes, briefly describe the nature ofthe financial interest the official** may have in this contract.
(\) )~
6. Have you made a contribution of more than $250 within the past twelve (12) months to a current
member of the Chula Vista City Council? Nol!"Yes _ If yes, which Council member?
7. Have you provided more than $340 (or an item of equivalent value) to an official** of the City
of Chula Vista in the past twelve (12) months? (This includes being a source of income, money to
retire a legal debt, gift, loan, etc.) Yes _ No V
If Yes, which official** and what was the nature of item provided?
~\~
Date: ~ \ \ ") \ 0\0
~ \\-M~ ~~\
Print or type name of Contractor/Applicant
*
Person is defined as: any individual, firm, co-partnership, joint venture, association, social
club, fraternal organization, corporation, estate, trust, receiver, syndicate, any other county,
city, municipality, district, or other political subdivision, -or any other group or combination
acting as a unit.
**
Official includes, but is not limited to: Mayor, Council member, Planning Commissioner,
Member of a board, commission, or committee of the City, employee, or staff members.
15
1: \Engineer\ Traffi c\A CAD Dw gs \CIP P R OlECTS\Stl-290\STL2 90S pecsRe-advertise .doc
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PLANTING AND i
MAINTENANCE
EASEMENT
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CONTRACTOR SHALL I I
FIELD MEASURE -----1 I
HEIGHT OF POST L _-.J
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SECTlION A-A
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DETAIL OF POST KNOCKOUT
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2" MINIMUM(TYP.)
4" CRUSHED AGGREGATE
SECTION/ELEVATION
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NOTES:
1. POST SHALL BE 6" MIN. DIA. LODGE POLE.
2. RAlLS SHALL BE .3-1/2" MIN. DIA. LODGE POLE.
.3. ALL RAILS TO BE SECURED TO POST WITH 20d HOT DIPPED GALV. NAlLS.
4. ALL LUMBER TO BE CCA PRESSSURE TREATED.
5. SUBGRADE AT FOOTINGS TO BE 90%(MINIMUN) COMPACTION.
6. CONCRETE. FOOTINGS SHALL BE 470-C-2000 "CLASS B" CONCRETE.
"-
evised:
9-06-01 C'VM
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date: 12-5-75 CITY 0 F CH U LA VI ST A
Date: 7-26-95 PUBLIC WORKS DEPARTMENT
eves
16
PO~T & RAIL FENCE
Date: 11-7-02 . ...//
APPENDIX "A"
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FURNISH AND INSTALL POST
AND RAIL FENCE 115..':t: PER
ATTACHED DETAIL.WIT~AWITHOU
THE SIGNZ' FROM THE
BACK OF EXIST,SIDEWALK
303
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NOTES:
1. POST SHALL BE 6" MIN. DIA. LODGE POLE.
2. RAILS SHALL BE 3";"/2" MIN. DIA. LODGE POLE.
3. ALL RAILS TO BE SECURED TO POST WITH 20d HOT DIPPED GALv. NAILS.
4. ALL LUMBER TO BE CCA PRESSSURE TREATED.
5. SUBGRADE AT FOOTINGS TO BE 907.(MINIMUN) COMPACTION.
6. CONCRETE FOOTINGS SHALL BE 470-C-2000 "CLASS 8" CONCRETE.
7. INSTALL 3-1/2" DIAMETER HOLES AT AND BELOW PAVEMENT OR GROUND LINE.
8. INSTALL POST AND GUARD RAIL FENCE APPROXIMATELY 2' FROM BACK OF SIDEWALK.
J: \ HOME\ ENGINEER\ TRAFFIC\ACAD \ STL290\ STL290PLA T
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POST ~D RML FENCE INSTAllA]ON ALONG SURREY DR
PROJECT FILE jSTL290
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~~1. 1.3
RESOLUTION NO. 2006-
RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF CHULA VISTA ACCEPTING BIDS AND
AWARDING A CONTRACT FOR THE GUARDRAIL,
POST, AND RAIL INSTALLATION ALONG EAST
FLOWER STREET AND POST AND RAIL FENCE
INST ALLATION ALONG SURREY DRIVE (STL-290)
PROJECT, TO A B. HASHMI, INCORPORATED,
TRANSFERRING FUNDS FOR THE STL-290
PROJECT, APPROVING THE FORM OF THE
CONTRACT WITH AB. HASHMI INCORPORATED,
AND AUTHORIZING THE MAYOR TO SIGN THE
CONTRACT
WHEREAS, on April 19, 2006, the City Engineer received sealed bids for the Guardrail,
Post, and Rail Installation along East Flower Street and Post and Rail Fence Installation along
Surrey Drive (STL-290) project; and
WHEREAS, staff has reviewed the low bid submittals and recommends awarding the
contract to AB. Hashmi, Incorporated in the amount of $44,370; and
WHEREAS, the funding for the STL-290 project using Residential Construction Tax
("RTC") funds was approved in fiscal year 2004; and
WHEREAS, because of design adjustments and the relocation of water utility pull boxes,
$20,000 of additional funding is needed to complete the STL-290 project; and
WHEREAS, the TF-279 project which includes the installation of internally illuminated
street name signs currently has $50,000 available in RCT funds; and
WHEREAS, the Environmental Review Coordinator has reviewed the proposed project
for compliance with the California Environmental Quality Act and has determined that the
project qualifies for a Class 1 categorical exemption pursuant to Section 15301 of the State
CEQA Guidelines. Thus, no further environmental review is necessary.
NOW, THEREFORE, be it resolved that the City Council of the City of Chula Vista
accepts bids and awards the contract for the Guardrail, Post, and Rail Installation along East
Flower Street and Post and Rail Fence Installation along Surrey Drive (STL-290) project in the
amount of $44,370 to AB. Hashmi, Incorporated and authorizes staff to transfer RCT funds
from the installation of Internally Illuminated Street Name Signs (TF-279) to the STL-290
project in the amount of $20,000.
r
J J if
^ - / ...,...
'j
BE IT FURTHER RESOLVED that the City Council of the City ofChula Vista approves
the form of the contract with AB. Hashmi, Incorporated, and that the Mayor of the City of Chula
V ista is hereby authorized and directed to execute that contract on behalf of the City of Chula
Vista.
Presented by
Approved as to form by
'-t!~! {L~
Ann Moore
City Attorney
Leah Browder
Acting Director of Engineering
...... /...-
~-/~
THE A TT ACHED AGREEMENT HAS BEEN REVIEWED
AND APPROVED AS TO FORM BY THE CITY
ATTORNEY'S OFFICE AND WILL BE
FORMALLY SIGNED UPON APPROVAL BY
THE CITY COUNCIL
~ ~U-o
Ann Moore
City Attorney
Dated: ~ II --f;6 6
Contact for the duardrail, Post, and Rail
Installation along East Flower Street and Post
And Rail Fence Installation along Surrey Drive (STL-290)
'}
/
.~
CONTRACT
This Contract, made and entered into this _ day of ,20_, by and between
the City of Chula Vista, State of California, hereinafter called the "Owner" and
hereinafter called the "Contractor";
WITNESSETH:
That the Owner and the Contractor for the consideration, hereinafter named, agree as follows:
1. The complete Contract includes all of the Contract Documents as if set forth in full
herein, to wit: The Advertisement for Bids; the Proposal; the Accepted Bid; the Affidavit
to Accompany Proposal; the Faithful Performance Bond; the Material and Labor Bond;
the Plans and Specifications; Standard Specifications; Standard Special Provisions; Chula
Vista Standard Special Provisions; Standard Plans; Special Provisions; this Contract and
all addenda setting forth any modifications or interpretations of any of said Documents.
2. The Contractor will furnish all materials except as otherwise provided in the
Specifications or on the Plans and will perform all the work for:
GUARDRAIL, POST, AND RAIL INSTALLATION ALONG EAST FLOWER STREET
AND POST AND RAIL FENCE INSTALLATION ALONG SURREY DRIVE
IN THE CITY OF CHULA VISTA, CALIFORNIA
(STL-290)
All the above work is on City property or on easements, and under the directions of the
Engineer or other official designated by the Owner to provide compliance with the terms
and specifications of the Contract and all included documents all as provided in and
subject to the Contract Documents.
3. The Owner will pay the Contractor in current funds for the performance of the Contract
on the basis of the accepted unit prices and the actual measured quantities of work done
at such times as are stated in the Specifications, and will otherwise fulfill its obligations
thereunder.
4. All time limits stated in the Contract Documents are of the essence of this Contract.
5. In accordance with the Section 2.58.070 of the Chula Vista Municipal Code regulating
payment of prevailing wages for Contracts let by the City, Contractors are required only
to pay minimum wage to persons employed by them for work under this contract.
6. The Contractor shall allow access by the City, the federal grantor agency, the
Comptroller General of the United States, or any of their duly authorized representatives
to any books, documents, papers, and records of the Contractor pertinent to that specific
Contract.
7. The Contractor Agrees to comply with Section 2-3.1 of the Standard Specifications and
Regional Supplement Amendments and shall perform at least 50% of the contract work
with his/her own organization.
18
J: \Engineer\ Traffic\A CAD Dwgs\CIP PROJECTS\Stl-290\STL290SpecsRe-advertise.doc
? 17""
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8. The Contractor shall retain all required records for three years after final payments are made and
all other pending matters are closed.
IN WITNESS WHEREOF, the parties hereto have executed this Contract the day and year first above
written.
FOR THE CITY OF CHULA VISTA:
FOR THE CONTRACTOR:
BY:
BY:
STEPHEN C. PADILLA
ATTEST:
BY:
City Clerk
(Attach Proper Notarization)
I hereby certify that I have examined this Contract and find it to be in accordance with the provisions of
the State of California.
BY:
City Attorney
19
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COUNCIL AGENDA STATEMENT
Item !;
Meeting Date 5/23/06
ITEM TITLE:
Resolution establishing a new capital improvement project
(CIP) entitled "Otay Park Improvements" (PR-284) which will
provide for improvements to the existing Otay Park located at 1613
Albany Avenue in Western Chula Vista, transferring existing funds
from CIP "Western Chu1a Vista Infrastructure" (GG-188) and
appropriating to PR-284 for said purpose.
SUBMITTED BY:
Director of Ge:(l se~~ces a~-
CityManager 1/ j......JlK (4/5ths Vote: YesXNo_)
REVIEWED BY:
The need to improve this existing park located in western Chula Vista was identified in 1993.
Community workshops were held and a park master plan was prepared in conjunction with the
adjacent Otay Elementary School. The master plan was approved by City Council on May 10,
1994. (Resolution # 17501.)
Since that time there have been numerous efforts to obtain funding to carry out the
improvements contained in that master plan including several grant applications. While the City
was unable to secure grant financing for implementation of the entire master plan, over the past
two years, funding sources were identified to implement two elements of the master plan, a new
restroom and one of two designated play areas. The funding for the completion of the remainder
of the project is part of the Western Chula Vista Infrastructure Improvement Program financing.
RECOMMENDATION: That council approves the resolution.
BOARDS/COMISSION: N/A
DISCUSSION:
With an approved master plan in place (a copy of which is included as Attachment A), it has
been possible to carry out pieces of the improvements as funding became available. In 2004, the
old restroom was demolished and a new restroom facility was built in the location proposed in
the master plan. In 2005, one of two proposed play areas was installed and funded with State
Recreation Grants.
This new Capital Improvement Project (CIP) will complete the remaining elements of the park
master plan. These elements include constructing a practice softball field with multipurpose field
overlay, redesigning the site drainage to improve function, installing the second play area for the
2-5 year old age group, providing picnic and shade structures, providing a stage/performance
area, providing a community gathering space, providing lighted walkways in the park and
landscape and irrigation improvements.
3-1
Item 3
Meeting Date 5/23/06
Environmental status
The Negative Declaration 1S-94-21, commenced March 11,1994, based on Initial Study 1S-94-
21 dated March 17, 1994 concluded that "the Otay Park Master Plan will not have any
significant or potentially significant environmental effects".
CIP Establishment and Appropriation
Otay Park is part of the Western Chula Vista Infrastructure Financing Program whereby
$1,762,000 was designated for improvements to the existing park. At this time, staff is
recommending the establishment of a new capital improvement project specific to providing
those improvements entitled "Otay Park Improvements" (PR-284) and transferring existing funds
in the amount of $1,762,000 from CIP GG-188 "Western Chula Vista Infrastructure" to PR-284
for said purpose.
The next step of the process will be the development of construction drawings for the ultimate
improvements. The majority ofthe work is civil engineering in nature and it is staffs intention
to utilize the services of one of the City's on-call civil engineering firms to complete the design,
including retaining and overseeing the services of a landscape architecture firm.
Staff will then return to Council at a later date to award construction contracts as necessary to
complete the remaining elements of the park master plan.
FISCAL IMPACT:
There is no impact on the General Fund as the funds for these improvements have been provided
for as part of the Western Chula Vista Infrastructure Financing Program.
Attachment A - Approved Master Plan.
M:\General Services\GS Administration\Council Agenda\Otay Park Improvements FY06\Otay Park CIP agenda.doc
3-2
RESOLUTION NO. 2006-
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA ESTABLISHING A NEW CAPITAL
IMPROVENIENT PROJECT (CIP) ENTITLED "OTAY PARK
IMPROVENIENTS' (PR-284) WHICH WILL PROVIDE FOR
IMPROVENIENTS TO THE EXISTING OTAY PARK LOCATED
AT 1613 ALBANY AVENUE IN WESTERN CHULA VISTA,
TRANSFERRING EXISTING FUNDS FROM CIP "WESTERN
CHULA VISTA INFRASTRUCTURE" (GG-188) AND
APPROPRIATING TO PR-284 FOR SAID PURPOSE.
WHEREAS, the need to improve this existing park located in Western
Chula Vista was identified in 1993; and
WHEREAS, since that time there have been various efforts to obtain
funding to carry out the improvements contained in that master plan including several
grant applications; and
WHEREAS, a significant and viable funding source has been identified
whereby staff is ready to move forward with completing the remaining elements of the
master plan; and
WHEREAS, these improvements are part of the Western Infrastructure
Financing program; and
WHEREAS, this new Capital Improvement Plan (CIP) will complete the
remaining elements of the park master plan.
NOW, THEREFORE, BE IT RESOLVED that the City Council of City of Chula
Vista does hereby establish a new capital improvement project (CIP) entitled " Otay Park
Improvements" (PR-284) which will provide for improvements to the existing Otay Park located at
1613 Albany Avenue in Western Chula Vista, transferring existing funds from CIP "Western Chula
Vista Infrastructure" (GG-188) and appropriating PR-284 for said purpose.
Presented by
Approved as to form by
Jack Griffin
Director of General Services
J:Attorney/ResolFinance/Otay Park Improvements PR-284
3-3
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COUNCIL AGENDA STATEMENT
Item 1-
Meeting Date 5/23/06
ITEM TITLE: Resolution Approving the Joint Powers Agreement
Creating the CSAC Excess Insurance Authority as amended
February 28, 2006, and authorizing the Mayor to execute said
agreement.
SUBMITTED BY: Director of Human Resources 111. ~
REVIEWED BY: City Manager f~ r'K (4/5ths Vote: Yes_ No-X.2
Since October 2003, the City has accessed workers' compensation insurance coverage
through the CSAC Excess Insurance Authority (EIA) via our membership in the
California Public Entity Insurance Authority (CPEIA). The EIA has approved a new
governance structure that will allow non-county public entities participation in the
governance of the organization. With this change the City can now join the EIA directly,
thereby eliminating the need to maintain the CPEIA as a separate legal entity. By
approving and executing the EIA Joint Powers Agreement the City becomes a public
entity member and as such will have direct access to EIA's programs with a greater
voice in its governance.
RECOMMENDATION: That Council adopt the resolution approving the Agreement
and authorize the Mayor to execute the agreement on behalf of the City.
BOARDS/COMMISSIONS RECOMMENDATION: N/A
DISCUSSION:
Background
In 2003, the availability of affordable commercial excess workers' compensation
insurance to public entities was non-existent. The City joined the majority of California
cities in joining the California Public Entity Insurance Authority (CPEIA) in order to
access the excess workers' compensation program provided by the CSAC Excess
Insurance Authority (EIA).
When the cities joined the California Public Entity Insurance Authority (CPEIA) in order
access the EIA programs they understood that, while there is a risk-sharing
arrangement between CPEIA and EIA members, they were joining a county-run and
controlled program. The intention was, and still is, to remain under the control of the
counties who formed the EIA. However, recognizing the importance of the CPEIA
4-1
Item Lt
Meeting Date 5/23/06
Page 2 of 3
member's participation, the CPEIA Board of Directors expressed a desire and need to
have a greater voice in the organization. Responding to this need, the concept of
allowing CPEIA members to join the EIA directly, and participate in the governance of
the organization was conceived and unanimously supported by the CPEIA Board of
Directors. This "restructure" required an amendment to the EIA JPA Agreement, which
needed to be approved by two-thirds of the member county boards of supervisors. On
February 28,2006, the two year restructure project was completed with the successful
amending of the EIA Joint Powers Agreement. On March 3, 2006, the EIA Board of
Directors amended the EIA Bylaws to incorporate certain details of the restructure
arrangement.
What is the CSAC-EIA/CPEIA Restructure?
Under the restructure there is a change in governance and membership of the CSAC
Excess Insurance Authority (EIA) that allows non-county public entities to join the EIA
and participate in the governance of the EIA. Until the restructure, non-county public
entities could only participate in the EIA's programs through membership in the CPEIA,
which did not include any voting rights as respects the governance of the EIA. As a
result of the restructure, non-county public agencies may join the EIA and gain access
to the EIA's programs without maintaining membership in the CPEIA. In addition, public
entities that join the EIA will be given a specified number of seats on the EIA's Board of
Directors and executive committee.
What are the essential elements of the restructure?
The essential elements of the restructure are as follows: CPEIA members are now
provided direct access to the EIA's programs without the necessity of joining the CPEIA.
CPEIA members become "public entity members" by executing the EIA Joint Powers
Agreement. The EIA Board of Directors has been expanded to provide seven (7)
designated seats for public entity members including at least one each for cities,
schools, and special districts. The public entity board members will be elected by the
public entity membership. In addition three (3) alternates to the board will be elected for
a total of (10) representatives.
Public entity members also have representation on the EIA's Executive Committee.
Two (2) seats on the EIA Executive Committee are designated for public entity
members. All EIA Executive Committee members, including the public entity
representatives, are elected by the EIA Board of Directors from among their own
membership.
Finally, a provision has been made to conduct an "annual meeting" of the public entity
members. This meeting is designed to connect with the membership at-large and
provide a bridge to those members that do not actively participate on the board of
directors or EIA committees.
A transition plan is in place so that CPEIA participation in the EIA's programs will not be
immediately affected. Eventually, the CPEIA will be terminated as an entity, so the City
T AE/te
4-2
LJ-.
Item i
Meeting Date 5/23/06
Page 3 of 3
as a CPEIA member must execute the EIA JPA Agreement to continue participation in
the EIA's programs.
By joining the EIA there will be absolutely no difference in the coverage, premium
calculation, or rights/obligations the City currently has as a member of CPEIA. The City
will have continuous, uninterrupted workers' compensation insurance coverage.
What advantages does the restructure have for the City and are there any
disadvantages?
There are no advantages or disadvantages and no differences from a pooling
perspective. The restructure simply changes the governance of the organization, and
more specifically, it changes how non-county members access the EIA programs-
instead of through the CPEIA, access is provided directly through the EIA. All of the
restructure changes have to do with governance.
From a governance standpoint, there are significant advantages for the City as a public
entity member. Under the CPEIA structure, non-counties had no voting power on the
EIA Board and Executive Committee. Under the restructure, public entity members
have representation on both the Board and Executive Committee. Even if an individual
public entity member does not desire to sit on the Board and/or Executive Committee,
their interests as a non-county public entity are still represented. The opportunities to
participate on EIA Committees are unaffected by the restructure.
No disadvantages from the CPEIAlPublic Entity perspective have been identified.
Can the City continue as a member of CPEIA without joining the EIA?
Yes, but only for a short period of time. The City must execute the EIA JPA Agreement
on or before July 1, 2007. Failure to do so by May 1, 2007 will be treated as notice of
intent to withdraw on the July 1, 2007 renewal.
By executing the EIA JPA Agreement prior to July 1, 2006, the City can be considered
for nomination to the Board of Directors and can participate in the first election of public
entity representatives.
FISCAL IMPACT: There is no fiscal impact with this action. If the City does not execute
the agreement there will be limited alternatives to excess workers' compensation
insurance, and if available is usually much more expensive or the City would be left no
alternative other than to self-insure all of its losses.
Exhibits:
A: Joint Powers Agreement Creating the CSAC Excess Insurance Authority
Amended: February 28, 2006
B: Bylaws of the CSAC Excess Insurance Authority Amended March 3, 2006
T AE/te
4-3
RESOLUTION NO. 2006-
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING THE JOINT POWERS
AGREEMENT CREATING THE CSAC EXCESS INSURANCE
AUTHORITY AS AMENDED FEBRUARY 28, 2006, AND
AUTHORIZING THE MAYOR TO EXECUTE SAID
AGREEMENT
WHEREAS, since October 2003, the City has accessed worker's compensation insurance
coverage through CSAC Excess Insurance Authority (EIA) via our membership in the California
Public Entity Insurance Authority (CPECIA); and
WHEREAS, the EIA has approved a new governance structure that will allow non-county
public entities participation in the governance of the organization; and
WHEREAS, with this change the City can now join the EIA directly, thereby eliminating the
need to maintain the CPEIA as a separate legal entity; and
WHEREAS, by approving and executing the EIA Joint Powers Agreement the City becomes a
public entity member and as such will have direct access to EIA's programs with a greater voice in its
governance.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista
hereby approves the Joint Powers Agreement creating the CSAC Excess Insurance Authority as
amended February 28, 2006, and authorizing the Mayor to execute said agreement.
Presented by
Approved as to form by
Marcia Raskin
Director of Human Resources
~~~~~~~\.
Ann Moore
City Attorney
J:Attomey/Reso/AgreementJjoint powers agrnt 523 06
4-4
THE A TT ACHED AGREEMENT HAS BEEN REVIEWED
AND APPROVED AS TO FORM BY THE CITY
ATTORNEY'S OFFICE AND WILL BE
FORMALLY SIGNED UPON APPRO V AL BY
THE CITY COUNCIL
~~lCJ~'\\ \~~~
,
Ann Moore
City Attorney
Dated:fJ<:\~\\o I1PQ~
J oint Po~ Agreement creating
CSAC Excess Insurance Authority as
Amended February 28,2006
4-5
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Adopted: October 5, 1979
Amended: May 12, 1980
Amended: January 23, 1987
Amended: October 7, 1988
Amended: March 1993
Amended: November 18, 1996
Amended: October 4, 2005
Amended: February 28.2006
JOINT POWERS AGREEMENT
CREATING THE CSAC EXCESS INSURANCE AUTHORITY
This Agreement is executed in the State of California by and among those counties and public
entities organized and existing under the Constitution of the State of California which are parties signatory
to this Agreement. The CSAC Excess Insurance Authority was formed under the sponsorship of CSAC.
All such counties, hereinafter called member counties, and public entities, hereinafter called member
public entities, [collectively "members"] shall be listed in Appendix A, which shall be attached hereto and
made a part hereof.
RECITALS
WHEREAS, Article 1, Chapter 5. Division 7, Title 1 of the California Government Code (Section
6500 et seq.) permits two or more public agencies by agreement to exercise jointly powers common to
the contracting parties; and
WHEREAS, Article 16, Section 6 of the California Constitution provides that insurance pooling
arrangements under joint exercise of power agreements shall not be considered the giving or lending of
credit as prohibited therein; and
WHEREAS, California Government Code Section 990.4 provides that a local public entity may
self-insure, purchase insurance through an authorized carrier, or purchase insurance through a surplus
line broker, or any combination of these; and
WHEREAS, pursuant to California Government Code Section 990.6, the cost of insurance
provided by a local public entity is a proper charge against the local public entity; and
WHEREAS, California Government Code Section 990.8 provides that two or more local entities
may, by a jOint powers agreement, provide insurance for any purpose by anyone or more of the methods
specified in Government Code Section 990.4 and such pooling of self-insured claims or losses is not
considered insurance nor subject to regulation under the Insurance Code; and
WHEREAS, the counties and public entities executing this Agreement desire to join together for
the purpose of jointly funding and/or establishing excess and other insurance programs as determined;
NOW THEREFORE, the parties agree as follows:
4-6
Page 1 of 22
JPA, CSAC-EIA
Amended: February 28, 2006
ARTICLE 1
DEFINITIONS
"CSAC" shall mean the County Supervisors Association of California, dba California State
Association of Counties.
"Authority" shall mean the CSAC Excess Insurance Authority created by this Agreement.
"Board of Directors" or "Board" shall mean the governing body of the Authority.
"Claim" shall mean a claim made again.st a member arising out of an occurrence which is
covered by an excess or primary insurance program of the Authority in which the member is a participant.
"Executive Committee" shall mean the Executive Committee of the Board of Directors of the
Authority.
"Fiscal year" shall mean that period of twelve months which is established by the Board of
Directors as the fiscal year of the Authority.
"Government Code" shall mean the California Government Code.
"Insurance program" or "program" shall mean a program of the Authority under which
participating members are protected against designated losses, either through joint purchase of primary
or excess insurance, pooling of self-insured claims or losses, purchased insurance or any other
combination as determined by the Board. The Board of Directors or the Executive Committee may
determine applicable criteria for determining eligibility in any insurance program, as well as establishing
program policies and procedures.
"Joint powers law" shall mean Article 1, Chapter 5, Division 7, Title 1 (commencing with Section
6500) of the Government Code.
"Loss" shall mean a liability or potential liability of a member, including litigation expenses,
attorneys' fees and other costs, which is covered by an insurance program of the Authority in which the
member is a partiCipant.
"Member county" shall mean any county which, through the membership of its supervisors in
CSAC, has executed this Agreement and become a member of the Authority. "Member county" shall
also include those entities or other bodies set forth in Article 3 (c).
"Member Public Entity" shall mean any California public entity which does not maintain a
membership in CSAC, has executed this Agreement and become a member of the Authority, "Member
Public Entity" shall also include those entities or other bodies set forth in Article 3(c).
"Occurrence" shall mean an event which is more fully defined in the memorandums of coverage
and/or policies of an insurance program in which the participating county or participating public entity is a
member.
"Participating county" shall mean any member county which has entered into a program
offered by the Authority pursuant to Article 14 of this Agreement and has not withdrawn or been canceled
therefrom pursuant to Articles 20 or 21.
Page ~~7 22
JPA, CSAC-EIA
Amended: February 28, 2006
"Participating public entity. shall mean any member public entity which has entered into a
program offered by the Authority pursuant to Article 14 of this Agreement and has not withdrawn or been
canceled therefrom pursuant to Articles 20 or 21.
"Self-insured retention" shall mean that portion of a loss resulting from an occurrence
experienced by a member which is retained as a liability or potential liability of the member and is not
subject to payment by the Authority.
"Reinsurance" shall mean insurance purchased by the Authority as part of an insurance
program to cover that portion of any loss which exceeds the joint funding capacity of that program.
ARTICLE 2
PURPOSES
This Agreement is entered into by the member counties and member public entities in order to
jointly develop and fund insurance programs as determined. Such programs may include, but are not
limited to, the creation of joint insurance funds, including primary and excess insurance funds, the pooling
of self-insured claims and losses, purchased insurance, including reinsurance, and the provision of
necessary administrative services. Such administrative services may include, but shall not be limited to,
risk management consulting, loss prevention and control, centralized loss reporting, actuarial consulting,
claims adjusting, and legal defense services.
ARTICLE 3
PARTIES TO AGREEMENT
(a) There shall be two classes of membership of the parties pursuant to this Agreement
consisting of one class designated as Member Counties and another class designated as Member Public
Entities.
(b) Each member county and member public entity, as a party to this Agreement, certifies
that it intends to and does contract with all other members as parties to this Agreement and, with such
other members as may later be added as parties to this Agreement pursuant to Article 19 as to all
programs of which it is a participating member. Each member also certifies that the removal of any party
from this Agreement, pursuant to Articles 20 or 21, shall not affect this Agreement or the member's
obligations hereunder.
(c) A member for purposes of providing insurance coverage under any program of the
Authority, may contract on behalf of, and shall be deemed to include:
Any public entity as defined in Government Code S 811.2 which the member requests to
be added and from the time that such request is approved by the Executive Committee of the Authority.
4-R
Page 3 dT 22
JPA, CSAC-EIA
Amended: February 28, 2006
Any nonprofit entity, including a nonprofit public benefit corporation formed pursuant to
Corporations Code SS 5111, 5120 and, 5065, which the member requests to be added and from the time
that such request is approved by the Executive Committee.
(d) Any public entity or nonprofit so added shall be subject to and included under the
member's SIR or deductible, and when so added, may be subject to such other terms and conditions as
determined by the Executive Committee.
(e) Such public entity or nonprofit shall not be considered a separate party to this
Agreement. Any public entity or nonprofit so added, shall not affect the member's representation on the
Board of Directors and shall be considered part of and represented by the member for all purposes under
this Agreement.
(f) The Executive Committee shall establish guidelines for approval of any public entity or
nonprofit so added in accordance with Article 3(c) and (d).
(g) Should any conflict arise between the provisions of this Article and any applicable
Memorandum of Coverage or other document evidencing coverage, such Memorandum of Coverage or
other document evidencing coverage shall prevail.
ARTICLE 4
TERM
This Agreement shall continue in effect until terminated as provided herein.
ARTICLE 5
CREATION OF THE AUTHORITY
Pursuant to the joint powers law, there is hereby created a public entity separate and apart from
the parties hereto, to be known as the CSAC Excess Insurance Authority, with such powers as are
hereinafter set forth.
ARTICLE 6
POWERS OF THE AUTHORITY
The Authority shall have all of the powers common to General Law counties in California, such as
Alpine County and all additional powers set forth in the joint powers law, and is hereby authorized to do
all acts necessary for the exercise of said powers. Such powers include, but are not limited to, the
following:
(a) To make and enter into contracts.
Pag~ 4" ~f 22
JPA, CSAC-EIA
Amended: February 28, 2006
(b) To incur debts, liabilities, and obligations.
(c) To acquire, hold, or dispose of property, contributions and donations of property, funds,
services, and other forms of assistance from persons, firms, corporations, and government entities.
(d) To sue and be sued in its own name, and to settle any claim against it.
(e) To receive and use contributions and advances from members as provided in
Government Code Section 6504, including contributions or advances of personnel, equipment, or
property.
(f) To invest any money in its treasury that is not required for its immediate necessities,
pursuant to Government Code Section 6509.5.
(g) To carry out all provisions of this Agreement.
Said powers shall be exercised pursuant to the terms hereof and in the manner provided by law.
ARTICLE 7
BOARD OF DIRECTORS
The Authority shall be governed by the Board of Directors, which shall be composed as follows:
a) One director from each member county, appointed by the member county board
of supervisors and serving at the pleasure of that body. Each member county board of supervisors shall
also appoint an alternate director who shall have the authority to attend, participate in and vote at any
meeting of the Board when the director is absent. A director or alternate director shall be a county
supervisor, other county official, or staff person of the member county, and upon termination of office or
employment with the county, shall automatically terminate membership or alternate membership on the
Board.
b) Ten directors consisting of seven directors and three alternate directors chosen
in the manner specified in the Bylaws from those participating as public entity members. A director or
alternate public entity director shall be an official, or staff person of the public entity member, and upon
termination of office or employment with the public entity, shall automatically terminate membership or
alternate membership on the Board.
c) Member county directors shall consist of a minimum of 80% of the eligible voting
members on the Board. The public entity member directors shall be reduced accordingly to ensure at
least 80% of the Board consists of county director members (By way of example, if the number of county
members is reduced from the current 54 by member withdrawals to a level of 28, then county members
would be at the 80% level, 28/35. If the county members go to 27, then the public entity members would
lose one seat and would only have 6 votes).
Any vacancy in a county director or alternate director position shall be filled by the appointing
county's board of supervisors, subject to the Provisions of this Article. Any vacancy in a public entity
director position shall be filled by vote of the public entity members.
Pa~e S 9r 22
JPA, CSAC-EIA
Amended: February 28,2006
A majority of the membership of the Board shall constitute a quorum for the transaction of
business. Each member of the Board shall have one vote. Except as otherwise provided in this
Agreement or any other duly executed agreement of the members, all actions of the Board shall require
the affirmative vote of a majority of the members; provided, that any action which is restricted in effect to
one of the Authority's insurance programs, shall require the affirmative vote of a majority of those Board
members who represent counties and public entities participating in that program. For purposes of an
insurance program vote, to the extent there are public entity members participating in a program, the
public entity Board members as a whole shall have a minimum of one vote. The public entity Board
members may in no event cast more votes than would constitute 20% of the number of total county
members in that program (subject to the one vote minimum). Should the number of public entity Board
votes authorized herein be Jess than the number of public entity Board members at a duly noticed
meeting, the public entity Board members shall decide among themselves which Board member shall
vote. Should they be unable to decide, the President of the Authority shall determine which director(s)
shall vote.
ARTICLE 8
POWERS OF THE BOARD OF DIRECTORS
The Board of Directors shall have the following powers and functions:
(a) The Board shall exercise all powers and conduct all business of the Authority, either
directly or by delegation to other bodies or persons unless otherwise prohibited by this Agreement, or any
other duly executed agreement of the members or by law.
(b) The Board of Directors may adopt such resolutions as deemed necessary in the exercise
of those powers and duties set forth herein.
(c) The Board shall form an Executive Committee, as provided in Article 11. The Board may
delegate to the Executive Committee and the Executive Committee may discharge any powers or duties
of the Board except adoption of the Authority's annual budget. The powers and duties so delegated shall
be specified in resolutions adopted by the Board.
(d) The Board may form, as provided in Article 12, such other committees as it deems
appropriate to conduct the business of the Authority. The membership of any such other committee may
consist in whole or in part of persons who are not members of the Board; provided that the Board may
delegate its powers and duties only to a committee of the Board composed of a majority of Board
members and/or alternate members. Any committee which is not composed of a majority of Board
members and/or alternate members may function only in an advisory capacity.
(e) The Board shall elect the officers of the Authority and shall appoint or employ necessary
staff in accordance with Article 13.
(f) The Board shall cause to be prepared, and shall review, modify as necessary, and adopt
the annual operating budget of the Authority. Adoption of the budget may not be delegated.
4-11
Page 6 of 22
JPA, CSAC-EIA
Amended: February 28, 2006
(g) The Board shall develop, or cause to be developed, and shall review, modify as
necessary, and adopt each insurance program of the Authority, incfuding all provisions for reinsurance
and administrative services necessary to carry out such program.
(h) The Board, directly or through the Executive Committee, shall provide for necessary
services to the Authority and to members, by contract or otherwise, which may include, but shall not be
limited to, risk management consulting, loss prevention and control, centralized loss reporting, actuarial
consulting, claims adjusting, and legal services.
(i) The Board shall provide general supervision and policy direction to the Chief Executive
Officer.
Officer.
U) The Board shall receive and act upon reports of the committees and the Chief Executive
(k) The Board shall act upon each claim involving liability of the Authority, directly or by
delegation of authority to the Executive Committee or other committee, body or person, provided, that the
Board shall establish monetary limits upon any delegation of claims settlement authority, beyond which a
proposed settlement must be referred to the Board for approval.
(I) The Board may require that the Authority review, audit, report upon, and make
recommendations with regard to the safety or claims administration functions of any member, insofar as
those functions affect the liability or potential liability of the Authority. The Board may forward any or all
such recommendations to the member with a request for compliance and a statement of potential
consequences for noncompliance.
(m) The Board shall receive, review and act upon periodic reports and audits Of the funds of
the Authority, as required under Articles 15 and 16 of this Agreement.
(n) The Board may, upon consultation with a casualty actuary, declare that any funds
established for any program has a surplus of funds and determine a formula to return such surplus to the
participating counties and participating public entities which have contributed to such fund.
(0) The Board shall have such other powers and duties as are reasonably necessary to carry
out the purposes of the Authority.
ARTICLE 9
MEETINGS OF THE BOARD OF DIRECTORS
(a) The Board shall hold at least one regular meeting each year and shall provide for such
other regular meetings and for such special meetings as it deems necessary.
(b) The Chief Executive Officer of the Authority shall provide for the keeping of minutes of
regular and special meetings of the Board, and shall provide a copy of the minutes to each member of the
Board at the next scheduled meeting.
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(c) All meetings of the Board, the Executive Committee and such committees as established
by the Board pursuant to Article 12 herein, shall be called, noticed, held and conducted in accordance
with the provisions of Government Code Section 54950 et seq.
ARTICLE 10
OFFICERS
The Board of Directors shall elect from its membership a President and Vice President of the
Board, to serve for one-year terms.
The President, or in his or her absence, the Vice President, shall preside at and conduct all
meetings of the Board and shall chair the Executive Committee.
ARTICLE 11
EXECUTIVE COMMITTEE
The Board of Directors shall establish an Executive Committee of the Board which shall consist
of eleven members: the President and Vice President of the Board, and nine members elected by the
Board from its membership.
The terms of office of the nine non-officer members shall be as provided in the Bylaws of the
Authority.
The Executive Committee shall conduct the business of the Authority between meetings of the
Board, exercising all those powers as provided for in Article 8, or as otherwise delegated to it by the
Board.
ARTICLE 12
COMMITTEES
The Board of Directors may establish committees, as it deems appropriate to conduct the
business of the Authority. Members of the committees shall be appointed by the Board, to serve two year
terms, subject to reappointment by the Board. The members of each committee shall annually select one
of their members to chair the Committee.
Each committee shall be composed of at least five members and shall have those duties as
determined by the Board, or as otherwise set forth in the Bylaws.
Each committee shall meet on the call of its chair, and shall report to the Executive Committee
"and the Board as directed by the Board.
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ARTICLE 13
STAFF
(a) Principal Staff. The following staff members shall be appointed by and serve at the
pleasure of the Board of Directors:
(1) Chief Executive Officer. The Chief Executive Officer shall administer the
business and activities of the Authority, subject to the general supervision and policy direction of the
Board of Directors and Executive Committee; shall be responsible for all minutes, notices and records of
the Authority and shall perform such other duties as are assigned by the Board and Executive
Committee.
(2) Treasurer. The duties of the Treasurer are set forth in Article 16 of this
Agreement. Pursuant to Government Code Section 6505.5, the Treasurer shall be the county treasurer
of a member county of the Authority, or, pursuant to Government Code Section 6505.6, the Board may
appoint one of its officers or employees to the position of Treasurer, who shall comply with the provisions
of Government Code Section 6505.5 (a-d).
(3) Auditor. The Auditor shall draw warrants to pay demands against the Authority
when approved by the Treasurer. Pursuant to Government Code Section 6505.5, the Auditor shall be the
Auditor of the county from which the Treasurer is appointed by the Board under (2) above, or, pursuant to
Government Code Section 6505.6, the Board may appoint one of its officers or employees to the position
of Auditor, who shall comply with the provisions of Government Code Section 6505.5 (a-d).
(b) Charges for Treasurer and Auditor Services. Pursuant to Government Code Section
6505, the charges to the Authority for the services of Treasurer and Auditor shall be determined by the
board of supervisors of the member county from which such staff members are appointed.
(c) Other Staff. The Board, Executive Committee or Chief Executive Officer shall provide
for the appointment of such other staff as may be necessary for the administration of the Authority.
ARTICLE 14
DEVELOPMENT, FUNDING AND IMPLEMENTATION
OF INSURANCE PROGRAMS
(a) Program Coverage. Insurance programs of the Authority may provide coverage,
including excess insurance coverage for:
(1) Workers' compensation;
(2) Comprehensive liability, including but not limited to general, personal injury,
contractual, public officials errors and omissions, and incidental malpractice liability;
(3) Comprehensive automobile liability;
(4) Hospital malpractice liability;
(5) Property and related programs;
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and may provide any other coverages authorized by the Board of Directors. The Board shall determine,
for each such program, a minimum number of participants required for program implementation and may
develop specific program coverages requiring detailed agreements for implementation of the above
programs.
(b) Program and Authority Funding. The members developing or participating in an
insurance program shall fund all costs of that program, including administrative costs, as hereinafter
provided. Costs of staffing and supporting the Authority, hereinafter called Authority general expenses,
shall be equitably allocated among the various programs by the Board, and shall be funded by the
members developing or participating in such programs in accordance with such allocations, as hereinafter
provided. In addition, the Board may, in its discretion, allocate a share of such Authority general expense
to those members which are not developing or participating in any program, and require those counties
and public entities to fund such share through a prescribed charge.
(1) Development Charge. Development costs of an insurance program shall be
funded by a development charge, as established by the Board of Directors. The development charge
shall be paid by each participant in the program following the program's adoption by the Board.
Development costs are those costs actually incurred by the Authority in developing a program for review
and adoption by the Board of Directors, including but not limited to: research, feasibility studies,
information and liaison work among participants, preparation and review of documents, and actuarial and
risk management consulting services. The development charge may also include a share of Authority
general expenses, as allocated to the program development function.
The development charge shall be billed by the Authority to all participants in the
program upon establishment of the program and shall be payable in accordance with the Authority's
invoice and payment policy.
Upon the conclusion of program development: any defiCiency in development
funds shall be billed to all participants which have paid the development charge, on a pro-rata or other
equitable basis, as determined by the Board; any surplus in such funds shall be transferred into the
Authority's general expense funds.
(2) Annual Premium. Except as provided in (3) below, all post-development costs
of an insurance program shall be funded by annual premiums charged to the members participating in the
program each policy year, and by interest earnings on the funds so accumulated. Such premiums shall
be determined by the Board of Directors upon the basis of a cost allocation plan and rating formula
developed by the Authority with the assistance of a casualty actuary, risk management consultant, or
other qualified person. The premium for each participating member shall include that participant's share
of expected program losses including a margin for contingencies as determined by the Board, program
reinsurance costs, and program administrative costs for the year,plus that participant's share of Authority
general expense allocated to the program by the Board.
(3) Premium Surcharge
(i) If the Authority experiences an unusually large number of losses under a
program during a policy year, such that notwithstanding reinsurance coverage for large individual losses,
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the joint insurance funds for the program may be exhausted before the next annual premiums are due,
the Board of Directors may, upon consultation with a casualty actuary, impose premium surcharges on aff
participating members; or
(ii) If it is determined by the Board of Directors, upon consultation with a
casualty actuary, that the joint insurance funds for a program are insufficient to pay losses, fund known
estimated losses, and fund estimated losses which have been incurred but not reported, the Board of
Directors may impose a surcharge on aff participating members.
(Hi) Premium surcharges imposed pursuant to (i) and/or (ii) above shaff be in
an amount which will assure adequate funds for the program to be actuariaffy sound; provided that the
surcharge to any participating member shaff not exceed an amount equal to three (3) times the member's
annual premium for that year, unless otherwise determined by the Board of Directors.
Provided, however, that no premium surcharge in excess of three times
the member's annual premium for that year may be assessed unless, ninety days prior to the Board of
Directors taking action to determine the amount of the surcharge, the Authority notifies the governing
body of each participating member in writing of its recommendations regarding its intent to assess a
premium surcharge and the amount recommended to be assessed each member. The Authority shaff,
concurrently with the written notification, provide each participating member with a copy of the actuarial
study upon which the recommended premium surcharge is based.
(iv) A member which is no longer a participating member at the time the
premium surcharge is assessed, but which was a participating member during the policy year(s) for which
the premium surcharge was assessed, shall pay such premium surcharges as it would have otherwise
been assessed in accordance with the provisions of (i), (ii), and (Hi) above.
(c) Program Implementation and Effective Date. Upon establishment of an insurance
program by the Board of Directors, the Au~hority shaff determine the manner of program implementation
and shaff give written notice to aff members of such program, which shaff include, but not be limited to:
program participation levels, coverages and terms of coverage of the program, estimates of first year
premium charges, program development costs, effective date of the program (or estimated effective date)
and such other program provisions as deemed appropriate.
(d) Late Entry Into Program. A member which does not elect to enter an insurance
program upon its implementation, pursuant to (c) above, or a county or public entity which becomes a
party to this Agreement following implementation of the program, may petition the Board of Directors for
late entry into the program. Such request may be granted upon a majority vote of the Board members,
plus a majority vote of those board members who represent participants in the program. Alternatively, a
county or public entity may petition the Executive Committee for late entry into the program, or a program
committee, when authorized by an MOU governing that specific program, may approve late entry into that
program. Such request may be granted upon a majority vote of the Executive Committee or program
committee.
As a condition of late entry, the member shaff pay the development charge for the
program, as adjusted at the conclusion of the development period, but not subject to further adjustment,
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and also any costs incurred by the Authority in analyzing the member's loss data and determining its
annual premium as of the time of entry.
(e) Reentry Into A Program. Any county or public entity that is a member of an insurance
program of the Authority who withdraws or is cancelled from an insurance program under Articles 21 and
22, may not reenter such insurance program for a period of three years from the effective date of
withdrawal or cancellation.
ARTICLE 15
ACCOUNTS AND RECORDS
(a) Annual Budget. The Authority shall annually adopt an operating budget pursuant to
Article 8 of this Agreement, which shall include a separate budget for each insurance program under
development or adopted and implemented by the Authority.
(b) Funds and Accounts. The Auditor of the Authority shall establish and maintain such
funds and accounts as may be required by good accounting practices and by the Board of Directors.
Separate accounts shall be established and maintained for each insurance program under development
or adopted and implemented by the Authority. Books and records of the Authority in the hands of the
Auditor shall be open to inspection at all reasonable times by authorized representatives of members.
The Authority shall adhere to the standard of strict accountability for funds set forth in
Government Code Section 6505.
(c) Auditor's Report. The Auditor, within one hundred and twenty (120) days after the
close of each fiscal year, shall give a complete written report of all financial activities for such fiscal year
to the Board and to each member.
(d) Annual Audit. Pursuant to Government Code Section 6505, the Authority shall either
make or contract with a certified public accountant to make an annual fiscal year audit of all accounts and
records of the Authority, conforming in all respects with the requirements of that section. A report of the
audit shall be filed as a public record with each of the members and also with the county auditor of the
county where the home office of the Authority is located and shall be sent to any public agency or person
in California that submits a written request to the Authority. The report shall be filed within six months of
the end of the fiscal year or years under examination. Costs of the audit shall be considered a general
expense of the Authority.
ARTICLE 16
RESPONSIBILITIES FOR FUNDS AND PROPERTY
(a) The Treasurer shall have the custody of and disburse the Authority's funds. He or she
may delegate disbursing authority to such persons as may be authorized by the Board of Directors to
perform that function, subject to the requirements of (b) below.
(b) Pursuant to Government Code Section 6505.5, the Treasurer shall:
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(1) Receive and acknowledge receipt for all funds of the Authority and place them in
the treasury of the Treasurer to the credit of the Authority.
(2) Be responsible upon his or her official bond for the safekeeping and
disbursements of all Authority funds so herd by him or her.
(3) Pay any sums due from the Authority, as approved for payment by the Board of
Directors or by any body or person to whom the Board has delegated approval authority, making such
payments from Authority funds upon warrants drawn by the Auditor.
(4) Verify and report in writing to the Authority and to members, as of the first day of
each quarter of the fiscal year, the amount of money then held for the Authority, the amount of receipts
since the last report, and the amount paid out since the last report.
(c) Pursuant to Government Code Section 6505.1, the Chief Executive Officer, the
Treasurer, and such other persons as the Board of Directors may designate shall have charge of, handle,
and have access to the property of the Authority.
(d) The Authority shall secure and pay for a fidelity bond or bonds, in an amount or amounts
and in the form specified by the Board of Directors, covering all officers and staff of the Authority, and all
officers and staff who are authorized to have charge of, handle, and have access to property of the
Authqrity.
ARTICLE 17
RESPONSIBILITIES OF MEMBERS
Members shall have the following responsibilities under this Agreement.
(a) The board of supervisors of each member county shall appoint a representative and one
alternate representative to the Board of Directors, pursuant to Article 7.
(b) Each member shall appoint an officer or employee of the member to be responsible for
the risk management function for that member and to serve as a liaison between the member and the
Authority for all matters relating to risk management.
(c) Each member shall maintain an active safety program, and shall consider and act upon
all recommendations of the Authority concerning the reduction of unsafe practices.
(d) Each member shall maintain its own claims and loss records in each category of liability
covered by an insurance program of the Authority in which the member is a participant, and shall provide
copies of such records to the Authority as directed by the Board of Directors or Executive Committee, or
to such other committee as directed by the Board or Executive Committee.
(e) Each member shall pay development charges, premiums, and premium surcharges due
to the Authority as required under Article 14. Penalties for late payment of such charges, premiums
and/or premium surcharges shall be as determined and assessed by the Board of Directors. After
withdrawal, cancellation, or termination action under Articles 20, 21, or 23, each member shall pay
promptly to the Authority any additional premiums due, as determined and assessed by the Board of
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Directors under Articles 22 or 23. Any costs incurred by the Authority associated with the collection of
such premiums or other charges, shall be recoverable by the Authority.
(f) Each member shall provide the Authority such other information or assistance as may be
necessary for the Authority to develop and implement insurance programs under this Agreement.
(g) Each member shall cooperate with and assist the Authority, and any insurer of the
Authority, in all matters relating to this Agreement, and shall comply with all Bylaws, and other rules by
the Board of Directors.
(h) Each member county shall maintain membership in CSAC.
(i) Each member shall have such other responsibilities as are provided elsewhere in this
Agreement, and as are established by the Board of Directors in order to carry out the purposes of this
Agreement.
ARTICLE 18
ADMINISTRATION OF CLAIMS
(a) Subject to subparagraph (e), each member shall be responsible for the investigation,
settlement or defense, and appeal of any claim made, suit brought, or proceeding instituted against the
member arising out of a loss.
(b) The Authority may develop standards for the administration of claims for each insurance
program of the Authority so as to permit oversight of the administration of claims by the members.
(c) Each participating member shall give the Authority timely written notice of claims in
accordance with the provisions of the Bylaws.
(d) A member shall not enter into any settlement involving liability of the Authority without the
advance written consent of the Authority.
(e) The Authority, at its own election and expense, shall have the right to participate with a
member in the settlement, defense, or appeal of any claim, suit or proceeding which, in the judgment of
the Authority, may involve liability of the Authority.
ARTICLE 19
NEW MEMBERS
Any California public entity may become a party to this Agreement and participate in any
insurance program in which it is not presently participating upon approval of the Board of Directors, by a
majority vote of the members, or by majority vote of the Executive Committee.
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ARTICLE 20
WITHDRAWAL
(a) A member may withdraw as a party to this Agreement upon thirty (30) days advance
written notice to the Authority if it has never become a participant in any insurance program pursuant to
Article 14, or if it has previously withdrawn from all insurance programs in which it was a participant.
(b) After becoming a participant in an insurance program, a member may withdraw from that
program only at the end of a policy year for the program, and only if it gives the Authority at least sixty
(60) days advance written notice of such action.
ARTICLE 21
CANCELLATION
(a) Notwithstanding the provisions of Article 20, the Board of Directors may:
(1) Cancel any member from this Agreement and membership in the Authority, on a
majority vote of the Board members. Such action shall have the effect of canceling the member's
participation in all insurance programs of the Authority as of the date that all membership is canceled.
(2) Cancel any member's participation in an insurance program of the Authority,
without canceling the member's membership in the Authority or participation in other programs, on a vote
of two-thirds of the Board members present and voting who represent participants in the program.
The Board shall give sixty (60) days advance written notice of the effective date
of any cancellation under the foregoing provisions. Upon such effective date, the member shall be
treated the same as if it had voluntarily withdrawn from this Agreement, or from the insurance program,
as the case may be.
(b) A member that does not enter one or more of the insurance programs developed and
implemented by the Authority within the member's first year as a member of the Authority shall be
considered to have withdrawn as a party to this Agreement at the end of such period, and its membership
in the Authority shall be automatically canceled as of that time, without action of the Board of Directors.
(c) A member which withdraws from all insurance programs of the Authority in which it was a
participant and does not enter any program for a period of six (6) months thereafter shall be considered to
have withdrawn as a party to the Agreement at the end of such period, and its membership in the
Authority shall be automatically canceled as of that time, without action of the Board of Directors.
(d) A member county that terminates its membership in CSAC shall be considered to have
thereby withdrawn as a party to this Agreement, and its membership in the Authority and participation in
any insurance program of the Authority shall be automatically canceled as of that time, without the action
of the Board of Directors.
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ARTICLE 22
EFFECT OF WITHDRAWAL OR CANCELLATION
(a) If a member's participation in an insurance program of the Authority is canceled under
Article 21, with or without cancellation of membership in the Authority, and such cancellation is effective
before the end of the policy year for that program, the Authority shall promptly determine and return to
that member the amount of any unearned premium payment from the member for the policy year, such
amount to be computed on a pro-rata basis from the effective date of cancellation.
(b) Except as provided in (a) above, a member which withdraws or is canceled from this
Agreement and membership in the Authority, or from any program of the Authority, shall not be entitled to
the return of any premium or other payment to the Authority, or of any property contributed to the
Authority. However, in the event of termination of this Agreement, such member may share in the
distribution of assets of the A,.uthority to the extent provided in Article 23 provided; however, that any
withdrawn or canceled member which has been assessed a premium surcharge pursuant to Article 14 (b)
(3) (ii) shall be entitled to return of said member's unused surcharge, plus interest accrued thereon, at
such time as the Board of Directors declares that a surplus exists in any insurance fund for which a
premium surcharge was assessed.
(c) Except as provided in (d) below, a member shall pay any premium charges which the
Board of Directors determines are due from the member for losses and costs incurred during the entire
coverage year in which the member was a participant in such program regardless of the date of entry into
such program. Such charges may include any deficiency in a premium previously paid by the member,
as determined by audit under Article 14 (b) (2); any premium surcharge assessed to the member under
Article .14 (b) (3); and any additional amount of premium which the Board determines to be due from the
member upon final disposition of all claims arising from losses under the program during the entire
coverage year in which the member was a participant regardless of date of entry into such program. Any
such premium charges shall be payable by the member in accordance with the Authority's invoice and
payment policy.
(d) Those members which who have withdrawn or been canceled pursuant to Articles 20
and 21 from any program of the Authority during a coverage year shall pay any premium charges which
the Board of Directors determines are due from the members for losses and costs which were incurred
during the county's participation in any program.
ARTICLE 23
TERMINATION AND DISTRIBUTION OF ASSETS
(a) A three-fourths vote of the total voting membership of the Authority, consisting of member
counties, acting through their boards of supervisors, and the voting Board members from the member
public entities, is required to terminate this Agreement; provided, however, that this Agreement and the
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Authority shall continue to exist after such election for the purpose of disposing of all claims, distributing
all assets, and performing all other functions necessary to conclude the affairs of the Authority.
(b) Upon termination of this Agreement, all assets of the Authority in each insurance
program shall be distributed among those members which participated in that program in proportion to
their cash contributions, including premiums paid and property contributed (at market value when
contributed). The Board of Directors shall determine such distribution within six (6) months after disposal
of the last pending claim or other liability covered by the program.
(c) Following termination of this Agreement, any member which was a participant in an
insurance program of the Authority shall pay any additional amount of premium, determined by the Board
of Directors in accordance with a loss allocation formula, which may be necessary to enable final
disposition of all claims arising from losses under that program during the entire coverage year in which
the member was a participant regardless of the date of entry into such program.
ARTICLE 24
LIABILITY OF BOARD OF DIRECTORS, OFFICERS, COMMITTEE MEMBERS
AND LEGAL ADVISORS
The members of the Board of Directors, Officers, committee members and legal advisors to any
Board or committees of the Authority shall use ordinary care and reasonable diligence in the exercise of
their powers and in the performance of their duties pursuant to this Agreement. They shall not be liable
for any mistake of judgment or any other action made, taken or omitted by them in good faith, nor for any
action taken or omitted by any agent, employee or independent contractor selected with reasonable care,
nor for loss incurred through investment of Authority funds, or failure to invest.
No Director, Officer, committee member, or legal advisor to any Board or committee shall be
responsible for any action taken or omitted by any other Director, Officer, committee member, or legal
advisor to any committee. No Director, Officer, committee member or legal advisor to any committee
shall be required to give a bond or other security to guarantee the faithful performance of their duties
pursuant to this Agreement.
The funds of the Authority shall be used to defend, indemnify and hold harmless the Authority
and any Director, Officer, committee member or legal advisor to any committee for their actions taken
within the scope of the authority of the Authority. Nothing herein shall limit the right of the Authority to
purchase insurance to provide such coverage as is hereinabove set forth.
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ARTICLE 25
BYLAWS
The Board may adopt Bylaws consistent with this Agreement which shall provide for the
administration and management of the Authority.
ARTICLE 26
NOTICES
The Authority shall address notices, billings and other communications to a member as directed
by the member. Each member shall provide the Authority with the address to which communications are
to be sent. Members shall address notices and other communications to the Authority to the Chief
Executive Officer of the Authority, at the office address of the Authority as set forth in the Bylaws.
ARTICLE 27
AMENDMENT
A two-thirds vote of the total voting membership of the Authority, consisting of member counties,
acting through their boards of supervisors, and the voting Board members from member public entities, is
required to amend this Agreement.
ARTICLE 28
PROHIBITION AGAINST ASSIGNMENT
No member may assign any right, claim or interest it may have under this Agreement, and no
creditor, assignee or third party beneficiary of any member shall have any right, claim or title to any part,
share, interest, fund, premium or asset of the Authority.
ARTICLE 29
AGREEMENT COMPLETE
This Agreement constitutes the full and complete Agreement of the parties.
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ARTICLE 30
EFFECTIVE DATE OF AMENDMENTS
Any amendment of this Agreement shall become effective upon the date specified by the Board
and upon approval of any Amended Agreement as required in Article 27. Approval of any amendment by
the voting boards of supervisors and public entity board member's must take place no later than 30 days
from the effective date specified by the Board.
ARTICLE 31
DISPUTE RESOLUTION
When a dispute arises between the Authority and a member, the following procedures are to be
followed:
(a) Request for Reconsideration. The member will make a written request to the Authority
for the appropriate Committee to reconsider their position, citing the arguments in favor of the member
and any applicable case law that applies. The member can also, request a personal presentation to that
Committee, if it so desires.
(b) Committee Appeal. The committee responsible for the program or having jurisdiction
over the decision in question will review the matter and reconsider the Authority's position. This
committee appeal process is an opportunity for both sides to discuss and substantiate their positions
based upon legal arguments and the most complete information available. If the member requesting
reconsideration is represented on the committee having jurisdiction, that committee member shall be
deemed to have a conflict and shall be excluded from any vote.
(c) Executive Committee Appeal. If the member is not satisfied with the outcome of the
committee appeal, the matter will be brought to the Executive Committee for reconsideration upon
request of the member. If the member requesting reconsideration is represented on the Executive
Committee, that Executive Committee member shall be deemed to have a conflict and shall be excluded
from any vote.
(d) Arbitration. If the member is not satisfied with the outcome of the Executive Committee
appeal, the next step in the appeal process is arbitration. The arbitration, whether binding or non-binding,
is to be mutually agreed upon by the parties. The matter will be submitted to a mutually agreed arbitrator
or panel of arbitrators for a determination. If Binding Arbitration is selected, then of course the decision of
the arbitrator is final. Both sides agree to abide by the decision of the arbitrator. The cost of arbitration
will be shared equally by the involved member and the Authority.
(e) Litigation. If, after following the dispute resolution procedure paragraphs a-d, either party
is not satisfied with the outcome of the non-binding arbitration process, either party may consider litigation
as a possible remedy to the dispute.
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ARTICLE 32
FILING WITH SECRETARY OF STATE
The Chief Executive Officer of the Authority shall file a notice of this Agreement with the office of
California Secretary of State within 30 days of its effective date, as required by Government Code Section
6503.5 and within 70 days of its effective date as required by Government Code Section 53051.
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IN WITNESS WHEREOF, the undersigned party hereto has executed this Agreement on the date
indicated below.
DATE:
MEMBER:
(Print Name of Member)
BY:
(Authorized signature of Member)
Seal:
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Amended: February 28,2006
APPENDIX A
JOINT POWERS AGREEMENT
CREATING THE CSAC EXCESS INSURANCE AUTHORITY
MEMBER COUNTIES (AS OF MARCH 2005)
ALAMEDA
ALPINE
AMADOR
BUTTE
CALAVERAS
COLUSA
CONTRA COSTA
DEL NORTE
EL DORADO
FRESNO
GLENN
HUMBOLDT
IMPERIAL
INYO
KERN
KINGS
LAKE
LASSEN
MADERA
MARIN
MARIPOSA
MENDOCINO
MERCED
MODOC
MONO
MONTEREY
NAPA
NEVADA
PLACER
PLUMAS
RIVERSIDE
SACRAMENTO
SAN BENITO
SAN BERNARDINO
SAN DIEGO
SAN JOAQUIN
SAN LUIS OBISPO
SANTA BARBARA
SANTA CLARA
SANTA CRUZ
SHASTA
SIERRA
SISKIYOU
SOLANO
SONOMA
STANISLAUS
SUTTER
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.f~722 of 22
COUNCIL AGENDA STATEMENT
,.>>'"
Item :..)
Meeting Date: OS/23/06
ITEM TITLE:
RESOLUTION AUTHORIZING THE APPLICATION AND, IF
AWARDED, ACCEPTANCE OF A CARL MOYER PROGRAM
GRANT FROM THE STATE OF CALIFORNIA AIR RESOURCES
BOARD FOR THE RETROFIT OF HEAVY -DUTY ON-ROAD
VEHICLE DIESEL ENGINES
SUBMITTED.BY:
Director o[Public Works Operations I;
/' / . /)
City Manager :/1 /~'-0- 71\
(4/5 Vote: Yes_ No....K.J
REVIEWED BY:
BACKGROUND: On December 8, 2005, the California Air Resources Board adopted a new
pollution control measure to assist public fleets in reducing diesel engine emissions in a timely
manner. The City plans to retrofit its heavy-duty diesel engines with the most cost-effective
emissions control technology available, and proposes applying for a Carl Moyer Program grant
to help offset those costs.
RECOMMENDATION: That Council adopt the resolution authorizing the application and, if
awarded, acceptance of a Carl Moyer Program grant.
BOARDS/COMMISSIONS: N/A
DISCUSSION:
The City's truck fleet consists of 49 heavy-duty vehicles that use diesel fuel. Clean air initiatives
adopted during the past two decades have helped cut diesel emissions from heavy-duty diesel
trucks by ninety percent. On December 8, 2005 the California Air Resources Board (ARB)
adopted the "Diesel Particulate Matter Control Measure" that would help reduce emissions
even further - especially recently identified particulate matter (PM) emissions. The new
measure mandatesl that public agency fleets in California must reduce PM emissions according
to a phased compliance schedule provided in Table A below:
1 The authority to regulate was given to the Air Resources Board (ARB) in 1967 by the California State Legislature.
5-1
Page 2, Item
Meeting Date: OS/23/06
Table A:
Engine Model Years
% Fleet Compliance
By December 31
1960-1987
20
60
100
2007
2009
2011
-~--~---._--~---._---------------------------~------------------------.-------------------------------------------------
1988-2002
20
60
100
2007
2009
2011
------------------------------------------------------------------------------------------------------------------------
2003-2006
50
100
2009
2010 *
------------------------------------------------------------------------------------------------------------------------
* May be extended to 20]].
After considering a number of alternative emission control options for the City's heavy-duty
trucks, Fleet Maintenance staff identified the Johnson-Matthey and Donaldson catalyst-based
diesel particulate matter filters or traps as the most cost-effective technology for this purpose.
Other available alternatives are engine replacement and vehicle replacement. The proposed
proj ect will retrofit most of the City's existing heavy-duty truck engines with various model PM
filters, reducing PM emissions by nearly 90 percent from today's levels. The equipment is
compatible with ultra low sulphur diesel fuel. The life of the new equipment is five years, after
which the vehicles themselves will be scheduled for replacement. Beginning in FY2007,
vehicles that have expended their useful lifespan will be replaced with newer model trucks
already fitted with the latest emission control equipment.
Low-usage vehicles (used less than 1,000 miles per year) are exempt from the new measure, as
are "light" heavy-duty vehicles (8,501-14000 lbs), and public safety vehicles such as police cars
and fire trucks. The City's public buses have already been converted from diesel to compressed
natural gas (CNG) and are now exceeding the ARB's 2007 emission reduction target. By
January of 2007, City trucks will be using ultra low sulphur diesel fuel, further contributing to
clean air in the region. Private truck fleets and school buses will be among the next groups to be
included in the new measure.
Carl Moyer Grant.
The Carl Moyer Program provides grant incentives for earlier-than-required compliance with the
mandated phasing schedule. To be eligible, the City must demonstrate three years of emission
reductions before the mandated compliance dates. Furthermore, the highest-level ARB-verified
technology available must be employed. For most of the City's fleet of trucks, this means
applying Level 3 technology, which reduces particulate matter by 85% or more. Meeting those
requirements, the City may apply for reimbursement up to the full cost of the retrofit or
replacement. Staff will be utilizing the Johnson-Matthey (Level 3) diesel particulate matter
filters or traps on most City vehicles. Only one vehicle (older that 1994) will require the
5-2
Page 3, Item
Meeting Date: OS/23/06
Donaldson catalyst-based diesel particulate matter filter or trap (Levell); which is also grant-
eligible.
The City's truck fleet consists of 49 heavy-duty vehicles that use diesel fuel. Attachment 1
details the estimated grant reimbursements for the first 29 retrofits that are planned for calendar
year 2006. Twenty-two (22) vehicles in this first round of retrofits are grant-eligible. Seven (7)
vehicles are ineligible because they do not meet the three-year early emission reduction
requirement. A total of 20 remaining vehicles in the heavy-duty truck fleet will be replaced or
retrofitted in calendar years 2007 and 2008, and Carl Moyer grants will be applied for at that
time. All 20 replacements/retrofits will be grant-eligible if performed during those two years.
Proiect Cost.
The total estimated project cost for FY2006-07 is $280,500, of which approximately $82,400 is
reimbursable through the Carl Moyer grant. If the grant is awarded, staff will return to Council
with a resolution executing a contract with the California Air Resources Board, and
appropriating required funds to purchase the retrofit equipment.
FISCAL IMPACT:
There is no impact to the FY06 General Fund from adoption of this resolution. However, if the
grant is awarded, staff will return to Council in FY07 to appropriate $280,500 from the Fleet
Management Fund to purchase retrofit equipment to comply with the 2007 and 2009 diesel
emission reduction mandate. The Carl Moyer grant is expected to offset approximately $82,400
of that cost in FY07. There are no extraordinary costs for annual maintenance of the new
devices, which will be included in the routine fleet maintenance program for Central Garage.
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Attachment 1
Carl Moyer Grant Program
Estimated Reimbursements FY 2006-07
i Engine'
i Model
Equip # Group Year Engine Make/Model
Annual Fuel
Consumption
(gals) Retrofit Cost
Heavy Heavy-DutyVehicles (HHD), 33,001 Ibs or more i
2712 I - 3----r-2003TCummii1SlSC225 --r-1,688 $
-- 2713 -1--3-- --!2003--rcumminsISC225-\-----1 ,024 $
--2802 --r -2-: 1-993-fCaterpillar3176------r-1A69 -- $
-2803 -T---2--! 1995- --~c-ummins M11--~----t-- 1,069 - $
----------r----- --- --------------------- ---- -~---
- -~~~: ~~_~_ t ~-~~1_:~~~rT1~~-~1Jc -----+~ ~::~~ ~
2806 I 2 I 2001 i Volvo VE D12C 1,803 $
2807 -~--2- l-2ocI1- !Volvo VE D12C - 1,709 $
~ ~~~~ - - f-~ ~~ -=i-- ;~5~- ~~~~~~i~-~~ 1~5~O --- r - 3~::5 ---*
---------r------- -,-------- r--------------------------! -- -------------
_~908 _-+___1.__I~OQ~_U_Qt~~!:!..~!i9!1.9lgI.!?.~Q..__+ ___n~~73 __ _____ _1_
2909 I 3 : 2005 I International DT530 i 2,000 $
=~~=___..:J=--=-~~I-_=~~--T---~ u_ --- ~===~=-=-_-=_T---_=-==-_____---
8,500 $
8,500 $
10,000 $
8,500 I $
8,500 $
9,500 $
9,500 $
9,500 $
9,500 $
8,500 $
8,500 $
8,500 $
~e2~i~9m ~j-:~~-[)~6~~r~;~~~.~I=D},=~~~0!:i~=~'~~~1~~s---- $-- 8,500 $
-- ;:~; -- ---; -l- ~~~~I~;~~~~~tl--- ------i- - -- ~ }~~-- I ~ ~:;~~ i
-~H~~t!~~~~;~~~~~:f~+~~=~tl~f ! i H~~ ~
~- ;~~}=j=-~__r~J -~~~- -~~~~:~~:: ~~~~~ -- -~~-- - ~=l~~~ - --- ~ ~:;~~ ~
2515 ____+__~ 2000 I International DT 466 1,175 $ 8,500 I $
_j~~~ _ ~-~~~~ ~~~:l~~:gi~~~-~~-~~~r- ~ ~:~~~ ' ;
2579 l 2 I 2001 IWbrd 7.3L Tu 1,268 '$ 8,500 $
~1m~-- H-~~l!;jn~~:::5CF- ; ~!-1 ~ . g~~ 1 i --
~--2i14-T Tr-2004 I-Ford-6:0i.:T/A325CF 2,228 . d_ T$--8,500 ~
I I I I $ 280,500 I $
* Not grant eligible_ These represent the first 20% of vehicles that must be in compliance
by December 31,2007 and therefore cannot demonstrate 3 years of early emission reductions.
All other retrofits are grant eligible.
5-4
Grant
Reimbursable
Amount
3,774
2,290
2,378
3,352
5,256
5,821
6,4.47
6,111
1,730
7,792
8,500
4,522
o *
2,389
o *
o *
2,034
2,633
o *
1,678
o *
o *
o *
+----
1,638
1,640
2,070
2,403
3,616
4,318
82,393
RESOLUTION NO.
RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA AUTHORIZING THE
APPLICATION AND, IF AWARDED, ACCEPTANCE
OF A CARL MOYER PROGRAM GRANT FROM THE
STATE OF CALIFORNIA AIR RESOURCES BOARD
FOR THE RETROFIT OF HEAVY-DUTY ON-ROAD
VEHICLE DIESEL ENGINES
WHEREAS, clean air initiatives adopted during the past two decades have
helped cut diesel emissions from heavy-duty diesel trucks by ninety percent; and
WHEREAS, on December 8, 2005, the California Air Resources Board
adopted the "Diesel Particulate Matter Control Measure" mandating that public
fleets further reduce diesel engine emissions in a timely manner; and
WHEREAS, during 2006, the City plans to retrofit twenty-nine (29) of its
heavy-duty diesel engines with the most cost-effective emissions control
technology available; and
WHEREAS, the remaining twenty (20) vehicles in the heavy-duty truck
fleet are planned for replacement or retrofit during calendar years 2007 and
2008; and
WHEREAS, the proposed project will reduce particulate matter emissions
by nearly 90 percent from today's levels; and
WHEREAS, The Carl Moyer Program provides grant funding incentives for
earlier-than-required compliance with the mandated phasing schedule, and all
but seven (7) vehicles in the fleet are grant eligible; and
WHEREAS, the applicant will enter into an agreement with the State of
California Air Resources Board to complete the project(s);
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City
of Chula Vista does hereby approve the filing of an application and, if awarded,
acceptance of a Carl Moyer Program Grant from the State of California Air
Resources Board.
Presented by
Approved as to form by
Dave Byers
Director of Public Works Operations
~~~~,
Ann Moore
City Attorney
5-5
COUNCIL AGENDA STATEMENT
ITEM NO:
MEETING DATE: 5/23/06
ITEM TITLE: Resolution of the City Council of the City of Chula Vista
waiving the formal consultant selection process, approving the fIrst amendment to a three-party
agreement with Anthony J. Lettieri, F AICP, consultant, and McMillin Otay Ranch, LLC, applicant,
for consulting services on the Eastern Urban Center Project, and authorizing the Mayor to execute
said contract amendment.
SUBMITTED BY: Director o[Planning & Building~
REVIEWED BY: CitYManager1! ~YR
4/5THS VOTE: YES
Nol
SUMMARY: The Eastern Urban Center is a large and complex project in the Otay Ranch, and has
been receiving the attention of senior-level staff and consultants for four years. The proposed
contract amendment will take the project entitlement processing through completion of the
Environmental Impact Report and Sectional Planning Area Plan.
RECOMMENDATION: That City Council adopt the resolution.
BOARD/COMMISSIONS RECOMMENDATION: N/A
DISCUSSION:
The Planning and Building Director recognized the necessity of assigning the EUC project to a
uniquely qualifIed, very experienced, senior level staff member. The EUC project is extremely
complex and is intended to provide a unique functional and symbolic center for Otay Ranch."
McMillin Otay Ranch, LLC, (Applicant) and primary developer of the EUC, agreed to fund a
dedicated position to process their entitlement applications for this project. For several years the
project was in an exploratory stage.
Over the past year, however, the Applicant, working with the City, has focused on developing an
appropriate proposed project for review. In May, 2005 Anthony J. Lettieri, FAICP entered a three-
party agreement with the City and Applicant to function as an extension of City staff to process the
entitlements for the EUC. Mr. Lettieri was chosen for his prior work on the EUC when he was on
City staff in 2002 and 2003, and for his knowledge of Otay Ranch and experience on other
complex projects. Now the Sectional Planning Area plan for the EUC has been submitted, and a
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very intensive staff effort will begin. For the continuity of the project and his unique skill set, City
staff would like to contract for Mr. Lettieri's services through the entitlement process, estimated to
be another eighteen months.
Consultant Selection Process
Staff recommends Council waive the formal bid process as impractical and amend the existing
contract for the services of Mr. Lettieri. The complex nature of this signature project in Chula
Vista requires a senior-level planner with applicable experience. Mr. Lettieri has 37 years of
planning experience working on complex, large projects throughout San Diego County, including
Chula Vista. He was also the past project manager for the Otay Ranch Development Plan process
and is familiar with the plans and policies of the Otay Ranch, the location ofthe EVC. In the past,
Mr. Lettieri has worked as an employee ofthe City, and as extension of staff on a contract basis
and is familiar with City regulations and policies. In 2002 and 2003 while in the employ ofthe
City, Mr. Lettieri worked on this project, and over the last 12 months he has been contracted to
work on this project. In the past, Mr. Lettieri has prepared a number of issue papers on the siting
and policies associated with the EVC and is able to continue the planning process without delay
due to an understanding of the project and the process.
FISCAL IMPACT: There is no impact to the General Fund. The original contract was for
$50,000, and the first amendment is for $180,000, bringing the total of this contract to $230,000.
All funding comes from developer deposits.
Attachment-
Original Agreement
H:\Planning\BobMc\A113Lettieri 3pty 5-16-06 r1.doc
6-2
Three Party Agreement
Between
City of Chula Vista,
Anthony J. Lettieri FAICP,Consultant, and
McMillin Otay Ranch, LLC, Applicant
For Consulting Work to be Rendered
with regard to Applicant's Eastern Urban Center Project
1. Parties
This Agreement is made as of the reference date set forth in
Exhibit A, for the purposes of reference only, and effective as
of the date last executed by the parties hereto, between the City
of Chula Vista ("City") herein, a municipal corporation of the
State of California, the person designated on the attached
Exhibit A as "Consultant" Anthony J. Lettieri AICP whose business
form and address is indicated on the attached Exhibit A, and the
person designated on the attached Exhibit A as IIApplicantll
McMillin Otay Ranch, LLC. ~hose business form and address is
indicated on the attached Exhibit A, and is made with reference
to the following facts:
2. Recitals, Warranties and Representations.
2.1. Warranty of Ownership.
Applicant warrants that Applicant i~ the owner of land
(IIProperty") commonly known as, or generally located as,
described on Exhibit A, Paragraph I, or has an option or other
entitlement to develop said Property.
2.2. Applicant desires to develop the Property with the
Project described on Exhibit A, Paragraph 2, and in that regard,
has made application (IIApplication") with the City for approval
of the plan, map, zone, or other permits (" Enti tlements")
described on Exhibit A, Paragraph 3. It is also anticipated
Applicant will make application with the City for approval of the
plan, map, zone, or other permits ("Entitlementsll) described on
Exhibit A, Paragraph 4.
2.3. In order for the City to process the Application of
Applicant, Work of the general nature and type described in
Exhibit A, Paragraph 5, ("Workll) will need to be completed.
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Page 1
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2.4. City does not presently have the Ilin-housell staff or
resources to process the application within the time frame
requested for review by the Applicant.
2.5. This agreement proposes an arrangement by which
Applicant shall retain, and be liable for the costs of retaining,
Consultant, who shall perform the services required of Consultant
by this Agreement solely to, and under the direction of, the
City.
2.6. Additional facts and circumstances regarding the
background for this agreement are set forth on Exhibit Bi
3 . Agreement.
NOW, THEREFORE, IT IS MUTUALLY AGREED TO AND BETWEEN THE
CITY, CONSULTANT, AND APPLICANT AS FOLLOWS:
3.1. EmploYment of Consultant by Applicant.
Consultant is hereby engaged by the Applicant, not the City,
and at Applicant's sole cost and expense, to perform to, and for
the primary benefit of, City, and solely at City's direction, all
of the services described on the attached Exhibit A, Paragraph 5,
entitled "General Nature of Consulting Servicesll, (IlGeneral
Serviceslf), and in the process of performing and delivering said
General Services, Consultant shall also perform to and for the
benefit of City all of the services described in Exhibit A,
Paragraph 6, entitled IlDetailed Scope of... Work II , ("Detailed
Services"), and all services reasonable necessary to accomplish
said General Services and Detailed Scope ot Work, and shall
deliver such documents required ("Deliverables") herein, all
within the time frames herein set forth, and in particular as set
forth in Exhibit A, Paragraph 7, and if none are set forth,
within a reasonable period of time for the diligent execution of
Consultant's duties hereunder. Time is of the essence of this
covenant.
The Consultant does hereby agree to perform said General and
Detailed Services to and for the primary benefit of the City for
the compensation herein fixed to be paid by Applicant.
In delivering the General and Detailed Services hereunder,
the Consultant shall do so in a good, professional manner
consistent with that level of care and skill ordinarily exercised
by members of the profession currently practicing under similar
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Page 2
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conditions and in similar locations, at its own cost and expense
except for the compensation and/or reimbursement, if any, herein
promised, and shall furnish all of the labor, technical,
administrative, professional and other personnel, all supplies
and materials, machinery, equipment, printing, vehicles,
transportation, office space and facilities, calculations, and
all other means whatsoever, except as herein otherwise expressly
specified to be furnished by the City or Applicant, necessary or
proper to perform and complete the work and provide the Services
required of the Consultant.
3.2.
Compensation of Consultant.
Applicant shall compensate Consultant for all services
rendered by Consultant without regard to the conclusions reached
by the Consultant, and according to the terms and conditions set
forth in Exhibit C adjacent to the governing compensation
relationship indicated by a "checkmark" next to the appropriate
arrangement, by paying said amount to the City, within 15 days of
Consultant's billing, or in accordance with the security deposit
provisions of Paragraph 3;3 and Exhibit C, if checked, and upon
receipt of such payment by the City, City shall promptly, not
later than 15 days, or in accordance with the Bill Processing
procedure in Exhibit C, if checked, pay said amount to the
Consultant. City is merely acting in-the capacity as a conduit
for payment, and shall not be liable for the compensation unless
it receives same from Applicant. Applicant shall not make any
payments of compensation or otherwise directly to the Consultant.
3.2.1. Additional Work. If the Applicant, with the
concurrence of City, determines that additional services
("Additional Services") are needed from Consultant of the type
Consultant is qualified to render or reasonably related to the
Services Consultant is otherwise required to provide by this
Agreement, the Consultant agrees to provide such additional
services on a time and materials basis paid for by Applicant at
the rates set forth in Exhibit C, unless a separate fixed fee is
otherwise agreed upon in writing for said Additional Work between
the parties.
3.2.1.1. In the event that the City shall
determine that additional work is required to be performed
above and beyond the scope of work herein provided, City
will consult with Applicant regarding the additional work,
and if thereupon the Applicant fails or refuses to arrange
. and pay for said Additional Services, the City may, at its
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option, suspend any further processing of Applicant's
Application until the Applicant shall deposit the City's
estimate of the costs of the additional work which the City
determines is or may be required. Applicant shall pay any
and all additional costs for the additional work.
3.2.2. Reductions in Scope of Work.
City may independently, or upon request from
Consultant, from time to time reduce the Services to be performed
by the Consultant under this Agreement. Upon doing so, City and
Consultant agree to meet in good faith and confer for the purpose
of negotiating a corresponding reduction in the compensation
associated with said reduction. Upon failure to agree, the Fixed
Fee may be unilaterally reduced by the City by the amount of time
and materials budgeted by Consultant for the Services deleted.
3.3. Security for PaYment of Compensation by Applicant.
3.3.1. Deposit. As security for the paYment of
Consultant by Applicant,. ~pplicant shall, upon execution of this
Agreement, deposit the amount indicated on Exhibit C as "Deposit
Amount" with the City, as trustee for Consultant, the conditions
of such trust being as indicated on Exhibit C and as hereinbelow
set forth:
3.3.1.1 Other Terms of Deposit Trust.
3.3.1.1.1. City shaJI also be entitled to
retain from said Deposit all costs incurred by City for which it
is entitled to compensation by law or under the terms of this
agreement.
3.3.1.1.2. All interest earned on the
Deposit Amount, if any, shall accrue to the benefit of, and be
used for, Trust purposes. City may, in lieu of deposit into a
separate bank account, separately account for said deposit in one
or more of its various bank accounts, and upon doing so, shall
proportionately distribute to the Deposit Trust, the average
interest earned during the period on its general fund.
3.3.1.1.3. Any unused balance of Deposit
Amount, including any unused interest earned, shall be returned
to Applicant not later than 30 days after the termination of this
Agreement and any claims resulting therefrom.
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3.3.1.1.4.
within 30 days after of the use
Nothing herein shall invalidate
herein authorized.
Applicant shall be notified
of the Deposit in any manner.
use of the Deposit in the manner
3.3.1.1.5. At such time as City shall
reasonably determine that inadequate funds remain on Deposit to
secure future compensation likely due Consultant or City, City
may make demand of Applicant to supplement said Deposit Amount in
such amount as City shall reasonably specify, and upon doing so,-
Applicant shall, within 30 days pays said amount ("Supplemental
Deposit Amount") to City. Said Supplement Deposit Amount or
Amounts shall be governed by the same terms of trust governing
the original Deposit.
3.3.2. Withholding of Processing.
In addition to use of the Deposit as security, in order
to secure the duty of Applicant to pay Consultant for Services
rendered under this agreement, City shall be entitled to withhold
processing of Applicant'$,Application upon a breach of
Applicant's duty to compensate Consultant.
4. Non-Service Related Duties of Consultant.
4.1. Insurance.
Consultant represents that it and its agents, staff and
subconsultants employed by it in connection with the Services
required to be rendered, are protected against the risk of loss
by the following insurance coverages, in the following
categories, and to the limits specified, policies of which are
issued by Insurance Companies that have a Best's Rating of "A,
Class V" or better, or shall meet with the approval of the City:
4.1.1. Statutory Worker's Compensation Insurance and
Employer's Liability Insurance coverage in the amount set forth
in the attached Exhibit A, Paragraph 11.
4.1.2. Commercial General Liability Insurance
including Business Automobile Insurance coverage 'in the amount
set forth in Exhibit A, Paragraph 11, combined single limit
applied separately to each project away from premises owned or
rented by Consultant, which names City and Applicant as an
Additional Insured, and which is primary to any policy which the
City may otherwise carry ("Primary Coverage"), and which treats
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Page 5
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the employees of the City and Applicant in the same manner as
members of the general public ("Cross-liability Coverage") .
4.1.3. Errors and Omissions insurance I in the amount
set forth in Exhibit A, Paragraph 11, unless Errors and Omissions
coverage is included in the General Liability policy.
4.2.
Proof of Insurance Coverage.
4.2.1. Certificates of Insurance. Consultant shall
demonstrate proof of coverage herein required, prior to the
commencement of services required under this Agreement, by
delivery of Certificates of Insurance demonstrating same, and
further indicating that the policies may not be canceled without
at least thirty (30) days written notice to the Additional
Insured.
4.2.2. Policy Endorsements Required. In order to
demonstrate the Additional Insured Coverage, Primary Coverage and
Cross-liability Coverage required under Consultant's Commercial
General Liability Insuran~e PolicYI Consultant shall deliver a
policy endorsement to the City and Applicant demonstrating same.
4.2.3 Security for Performance - Performance Bond. In
the event that the need for a Consultant to provide a Performance
Bond arises, then Consultant shall provide to the City a
performance bond in the form prescribed by the City and by such
sureties which are authorized to transact such business in the
State of California, listed as approved by the United States
Department of Treasury Circular 570,
http://~w.fms.treas.gov/c570, and whose underwriting limitation
is sufficient to issue bonds in the amount required by the
agreement, and which also satisfy the requirements stated in
Section 995.660 of the Code of Civil Procedure, except as
provided otherwise by laws or regulations. All bonds signed by
an agent must be accompanied by a certified copy of such agent's
authority to act. Surety companies must be duly licensed or
authorized in the jurisdiction in which the Project is located to
issue bonds for the limits so required. Form must be satisfactory
to the Risk Manager or City Attorney which amount shall be
indicated in an attachment as "Performance Bond" Exhibit.
Public Statements.
4.3.
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6-8
All public statements and releases to the news media shall
be the responsibility of the City and the Applicant. The
Consultant shall not publish or release news items, articles or
present lectures on the Project, either during the course of the
study or after its completion, except on written concurrence of
the City and Applicant.
4.4.
Communication to Applicant.
Consultant shall not communicate directly to the Applicant
except in the presence of the City, or by writing an exact copy
of which is simultaneously provided to City, except with the
express consent of City. The Consultant may request such
meetings with the Applicant to ensure the adequacy of services
performed by Consultant.
5. Non-Compensation Duties of the Applicant.
5.1. Documents Access.
The Applicant shall provide to the Consultant, through the
City, for the use by the Consultant and City, such documents, or
copies of such documents requested by Consultant, within the
possession of Applicant reasonably useful to the Consultant in
performing the services herein required of Consultant, including
but not limited to those described in Exhibit A, Paragraph 8.
5.2. Property Access.
The Applicant hereby grants permission to the City and
Consultant to enter and access the Property, to take any borings,
make any tests, conduct any surveys or reconnaissance necessary
to deliver the Services of Consultant, subject to the approval of
the Applicant. Consultant shall promptly repair any damage to
the subject property occasioned by such entry and shall
indemnify, defend, and hold Applicant harmless from all loss,
cost, damage, expenses, claims, and liabilities in connection
with or arising from any such entry and access.
6. Administrative Representatives.
Each party designates the individuals ("Administrators")
indicated in Exhibit A, Paragraph 9, as said party's contract
administrator who is authorized by said party to represent them
in the routine administration of this agreement.
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7. Conflicts of Interest
7.1.
Consultant is Designated as an FPPC Filer.
If Consultant is designated on Exhibit A, Paragraph 10, as
an "FPPC filer", Consultant is deemed to be a "Consultant" for
the purposes of the Political Reform Act conflict of interest and
disclosure provisions, and shall report his economic interests to
the City Clerk on the required Statement of Economic Interests in
such reporting categories as are specified in Paragraph 10 of
Exhibit A, or if none are specified, then as determined by the
City Attorney.
7.2.
Decline to Participate.
Regardless of whether Consultant is designated as an FPPC
Filer, Consultant shall not make, or participate in making or in
any way attempt to use Consultant's position to influence a
governmental decision in which Consultant knows or has reason to
know Consultant has a financial interest other than the
compensation promised by ~his Agreement.
7.3.
Search to Determine Economic Interests.
Regardless of whether Consultant is designated as an FPPC
Filer, Consultant warrants and represents that Consultant has
diligently conducted a search and inventory of Consultant's
economic interests, as the term is used in the regulations
promulgated by the Fair Political Practises Commission, and has
determined that Consultant does not, to the best of Consultant's
knowledge, have an economic interest which ,would conflict with
Consultant's duties under this agreement.
Promise Not to Acquire Conflicting Interests.
7.4.
Regardless of whether Consultant is designated as an FPPC
Filer, Consultant further warrants and represents that Consultant
will not acquire, obtain, or assume an economic interest during
the term of this Agreement which would constitute a conflict of
interest as prohibited by the Fair Political Practices Act.
7.5.
Duty to Advise of Conflicting Interests.
Regardless of whether Consultant is designated as an FPPC
Filer, Consultant further warrants and represents that Consultant
will immediately advise the City Attorney of City if Consultant
3PtyLettieri-McMillin EUC.doc
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6-10
learns of an economic interest of Consultant's which may result
in a conflict of interest for the purpose of the Fair Political
Practices Act, and regulations promulgated thereunder.
7.6.
Specific Warranties Against Economic Interests.
Consultant warrants and represents that neither Consultant,
nor Consultant's immediate family members, nor Consultant's
employees or agents ("Consultant Associates") presently have any
interest, directly or indirectly, whatsoever in the property
which is the subject matter of the Project, or in any property
within 10 radial miles from the exterior boundaries of the
property which is the subject matter of the Project, or
( "Prohibi ted Interest") .
Consultant further warrants and represents that no promise
of future emploYment I remuneration, consideration, gratuity or
other reward or gain has been made to Consultant or Consultant
Associates by Applicant or by any other party as a result of
Consultant's performance of this Agreement. Consultant promises
to advise City of any suc~ promise that may be made during the
Term of this Agreement, or for 12 months thereafter.
Consultant agrees that Consultant Associates shall not
acquire any such Prohibited Interest within the Term of this
Agreement, or for 12 months after the expiration of this
Agreement.
Consultant may not conduct or solicit any business for any
party to this Agreement, or for any third party which may be in
conflict with Consultant's responsibilities under this Agreement.
8. Default of the Consultant for Breach.
This agreement may be terminated by the CITY for default if
the Consultant breaches this agreement or if the Consultant
refuses or fails to pursue the work under this agreement or any
phase of the work with such diligence which would assure its
completion within a reasonable period of time. Termination of
this agreement because of a default of the Consultant shall not
relieve the Consultant from liability of such default.
9. City's Right to Terminate Agreement for Convenience,
Documents.
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9.1. Notwithstanding any other section or provision of this
agreement, the CITY shall have the absolute right at any time to
terminate this agreement or any work to be performed pursuant to
this agreement.
9.2. In the event of termination of this agreement by the
CITY in the absence of default of the Consultant, the City shall
pay the Consultant for the reasonable value of the services
actually performed by the Consultant up to the date of such
termination, less the aggregate of all sums previously paid to
the Consultant for services performed after execution of this
agreement and prior to its termination.
9.3. The Consultant hereby expressly waives any and all
claims for damage or compensation arising under this agreement,
except as set forth herein, in the event of such termination.
9.4. In the event of termination of this agreement, and upon
demand of the City, the Consultant shall deliver to the City, all
field notes, surveys, studies, reports, plans, drawings and all
other materials and docum~nts prepared by the Consultant in
performance of this agreementr and all such documents and
materials shall be the property of the CitYi provided however,
that the Consultant may retain copies for their own use and the
City shall provide a copy, at Applicant's cost, of all such
documents to the Applicant.
9.5. Applicant shall have no right to terminate Consultantr
and shall not exercise any control or di~ection over Consultant's
work.
10. Administrative Claims Requirement and Procedures
No suit shall be brought arising out of this agreement,
against the City, unless a claim has first been presented in
writing and filed with the City of Chula Vista and acted upon by
the City of Chula Vista in accordance with the procedures set
forth in Chapter 1.34 of the Chula Vista Municipal Code, the
provisions of which are incorporated by this reference as if set
fully set forth herein.
11. Hold Harmless and Indemnification
11.1. Consultant to Indemnify City and Applicant re
Injuries.
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6-12
Consultant shall defend, indemnify, protect and hold
harmless the City, its elected and appointed officers and
employees and Applicant from and against all claims for damages,
liability, cost and expense (including without limitation
attorneys' fees) arising out of the conduct of the Consultant, or
any agent or employees, subcontractors, or others of City or
Applicant in connection with the execution of the work covered by
this Agreement, except only for those claims arising from the
sole negligence or sole willful misconduct of the City, its
officers, or employees, or Applicant, Consultant's
indemnification shall include any and all costs, expenses,
attorneys' fees and liability incurred by the City, its officers,
agents, or employees or Applicant in defending against such
claims, whether the same proceed to judgment or not. Further,
Consultant at its own expense shall, upon written request by the
City or Applicant, defend any such suit or action brought against
the City, its officers, agents, or employees or Applicant.
Consultants' indemnification of City and Applicant shall not be
limited by any prior or subsequent declaration by the Consultant.
11.2. Applicant to Indemnify City re Compensation of
Consultant.
Applicant agrees to defend, indemnify and hold the City
harmless against and from any and all claims, losses, damages,
expenses or expenditures of City, including its elected
officials, officers, employees, agents, or representatives of the
City (IICity Indemniteesll), in any way resulting from or arising
out of the refusal to pay compensation as demanded by Consultant
for the performance of services required by this Agreement.
12. Business Licenses
Applicant agrees to obtain a business license from the City
and to otherwise comply with Chula Vista Municipal Code, Title 5.
Applicant further agrees to require Consultant to obtain such
business license and to comply with Chula Vista Municipal Code,
Title 5.
13. Miscellaneous.
13.1. Consultant not authorized to Represent City.
Unless specifically authorized in writing by City, neither
Consultant nor Applicant shall have authority to act as City's
agent to bind City to any contractual agreements whatsoever.
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6-13
13.2. Notices.
All notices, demands or requests provided for or permitted
to be given pursuant to this Agreement must be in writing. All
notices, demands and requests to be sent to any party shall be
deemed to have been properly given or served if personally served
or deposited in the United States mail, addressed to such party,
postage prepaid, registered or certified, with return receipt
requested, at the addresses identified for the parties in Exhibit
A.
13.3.
Entitlement to Subsequent Notices.
No notice to or demand on the parties for notice of an event
not herein legally required to be given shall in itself create
the right in the parties to any other or further notice or demand
ln the same, similar or other circumstances.
13.4.
Entire Agreement.
This Agreementr together with any other written document
referred to or contemplated herein, embody the entire Agreement
and understanding between the parties relating to the subject
matter hereof. Neither this Agreement nor any provision hereof
may be amended, modified, waived or discharged except by an
instrument in writing executed by the party against which
enforcement of such amendmentr waiver or discharge is sought.
13.5.
Capacity of Parties.
Each signatory and party hereto hereby warrants and
represents to the other party that it has legal authority and
capacity and direction from its principal to enter into this
Agreementi that all resolutions or other actions have been taken
so as to enable it to enter into this Agreement.
13.6.
Governing Law/Venue.
This Agreement shall be governed by and construed in
accordance with the laws of the State of Californi'a. Any action
arising under or relating to this Agreement shall be brought only
in the federal or state courts located in San Diego CountYr State
of Californiar and if applicable, the City of Chula Vista, or as
close thereto as possible. Venue for this Agreementr and
performance hereunderr shall be the City of Chula Vista.
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6-14
13.7. Modification.
No modification or waiver of any provision of this Agreement
shall be effective unless the same shall be in writing and signed
by the parties hereto, and then shall be valid only in the
specific instance and for the purpose for which given.
13.8.
Counterparts.
This Agreement may be executed in more than one counterpart,
each of which shall be deemed to be an original but all of which,
when taken together shall constitute but one instrument.
13.9.
Severability.
In the event that any provision of this Agreement shall for
any reason, be determined to be invalid, illegal, or
unenforceable in any respect, the parties hereto shall negotiate
in good faith and agree to such amendments, modifications, or
supplements to this Agreement or such other appropriate action as
shall, to the maximum extent practicable in light of such
determination, implement and give effect to the intentions of the
parties as reflected herein.
13.10. Headings.
The captions and headings in this Agreement are for
convenience only and shall not define or_limit the provisions
hereof.
13.11. Waiver.
No course of dealing or failure or delay, nor the single
failure or delay, or the partial exercise of any right, power or
privilege, on the part of the parties shall operate as a waiver
of any rights herein contained. The making or the acceptance of
a payment by either party with knowledge of the existence of a
breach shall not operate or be construed to operate as a waiver
of any such breach.
13.12. Remedies.
The rights of the parties under this Agreement are
cumulative and not exclusive of any rights or remedies which the
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6-15
parties might otherwise have unless this Agreement provides to
the contrary.
13.13. No Additional Beneficiaries.
Despite the fact that the required performance under this
agreement may have an affect upon persons not parties hereto, the
parties specifically intend no benefit therefrom, and agree that
no performance hereunder may be enforced by any person not a
party to this agreement. Notwithstanding the foregoing, this is
a three party agreement and the City is an express third party
beneficiary of the promises of Consultant to provide services
paid for by Applicant.
14. Ownership, Publication, Reproduction and Use of Material
All reports, studies, information, data, statistics, forms,
designs, plans, procedures, systems and any other materials or
properties produced under this Agreement shall be the sole and
exclusive property of City. No such materials or properties
produced in whole or in part under this Agreement shall be
subject to private use, copyrights or patent rights by Consultant
in the United States or in any other country without the express
written consent of City. City shall have unrestricted authority
to publish, disclose (except as may be limited by the provisions
of the Public Records Act), distribute, and otherwise use,
copyright or patent, in whole or in part, any such reports,
studies, data, statistics, forms or other materials or properties
produced under this Agreement.
(End of Page. Next Page is Signature Page.)
3PtyLettieri-McMillin EUC.doc
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6-16
Signature Page
Now therefore, the parties hereto, having read and
understood the terms and conditions of this agreement, do hereby
express their consent to the terms hereof by setting their hand
hereto on the date set forth adjacent thereto.
Dated:
City of Chula Vista
by:
John
Approved as to Form:
-]
, /::,- '/",1 /7
.1 !?-'/ &-
.' 0 r' . )1...<;r- ,
..... /~:~ 1'."' ';.
Ann Moore
9\t:y Attorney
\/
Dated:
Consultant:
Anthony J. Lettieri, FAICP
~,m ')L" '~, i,,' "'I-
t j I ,,\ I" )
by".. . lL;>-'tV ~t;tT -
Dated:
Applicant:
McMillin Otay Ranch, LLC a Delaware limited
liability company LLC
a Delawa - t Manager
br:''-- /,
J V;j9.
3PtyLettieri-McMillin EUC.doc
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6-17
Exhibit B
Additional Recitals
WHEREAS, the Applicant has deposited an initial sum for the
processing of development applications, such as rezone,
environmental studies and precise plans, and
WHEREAS, Consultant warrants time on this project will be
billed at no more than the hourly rate the City bills for an
equivalent City Staff, and
WHEREAS, both City and Applicant agree to waive the formal
consultant selection process due to prior work on the same
project performed by Consultant while in the employ of City, and
WHEREAS, the Planning and Building Director has negotiated
the details of this agreement in accordance with procedures set
forth in the Chula Vista Municipal Code.
3PtyLettieri-McMillin EUC.doc
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Exhibit A
Reference Date of Agreement: May 10, 2005
Effective Date of Agreement:
City of Chula Vista, 276 Fourth Avenue, Chula Vista, CA 91910
Consultant: Anthony J. Lettieri FAICP,
Business Form of Consultant:
( X) Sole proprietorship
( ) Partnership
( ) corporation
Address: 1231 Oliver Avenue
San Diego, California 92109
Applicant: McMillin Otay Ranch, LLC,
Business Form of Applicant:
( ) Sole Proprietorship
( ) Partnership
( X) Corporation
Address: 2727 Hoover Avenue
National City, CA 92109
...
1. Property (Commonly known address or General Description):
The Application covers that property generally known as
Eastern Urban Center, which is located in the central
portion of the Otay Valley Parcel of the Otay Ranch General
Development Plan area. The proposed Eastern Urban Center is
approximately 200 acres and is bounded by the proposed
alignments of Birch Road on the north, Hunte Parkway on the
south, Eastlake Parkway on the east, and SR-125 on the west.
Applicant is only applying for entitlements of their portion
of the ownership of subject property.
2. proj ect Description (" proj ect") :
Reviewing and processing application by McMillin Otay Ranch,
LLC (Applicant) for a Sectional Planning Area (SPA) and one
or more Tentative Map applications for the Eastern Urban
3PtyLettieri-McMillin EUC.doc
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Center, and other related discretionary entitlements as may
be identified during the course of such processing.
3. Entitlements applied for:
a) Sectional Planning Area (SPA) Plan and associated
regulatory documents, including but not limited to the
following: 1) Eastern Urban Center design plan; 2)
Planned Community District Regulations; 3) Air Quality
Improvement Plan; 4) Water Conservation Plan; 5) Non-
renewable Energy Conservation Plan; 6) Public
Facilities Financing Plan; 7) Affordable Housing Plan
b) Otay Ranch 2004 General Development Plan amendments
4. Entitlements anticipated to be applied for:
a) Second Tier Environmental Impact Report(s) and supporting
technical studies
b) Grading and Improvement Plans
c) Final Maps
d) Design Review App~ovals
e) Tentative subdivision maps
f) General Plan Update
S. General Nature of Consulting Services (IIServices--Generalll):
Process, under City's procedures, the necessary planning and
environmental planning applications for the entitlements
listed in paragraphs 3 and 4, for the property known as the
Eastern Urban Center described in paragraph 1. Consultant
to provide services to Applicant for this project as an
extension of City staff, under the direction of the Director
of Planning & Building.
6. Detailed Scope of Work (IIDetailed Services") :
a) Meet with Director of Planning and Building and other
appropriate city staff to understand City objectives for
the EUC, the Otay Ranch, and other known land use issues
that would impact both the planning and processing of the
Applicant's SPA Plan.
b) Review all the planning and policy documents that have
been prepared over the last two years that set a
direction for the EUC planning and processing and that
indicate City Council public policy direction, including
3PtyLettieri-McMillin EUC.doc
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6-20
the proposed General Plan and General Development Plan
Amendments.
c) Meet with City staff from the Planning and other
appropriate departments to determine what planning or
policy direction has already been set with the General
Plan and Framework Plan that may impact the EUC.
Included in this analysis would be any Market Assessment
(any study available), Review and Analysis of any revised
EUC policies in the GDP and other policy analysis
associated with the University Planning.
d) Meet with Applicant development staff to determine their
land use plans, suggested planning process, and issues.
e) Identify how Applicant's plans correspond with the City-
Wide General plan and Otay Ranch GDP update process. In
addition to the General plan and GDP, the EUC planning
would have to relate to other development projects within
the Otay Ranch and the regional transportation system.
Because of its size and impact on the City, it would also
have to be coordinated with planning for western Chula
Vista.
f) Prepare Issue Papers or other required staff reports
documenting the options, issues and recommended course of
action. This would include a detailed scope of work,
meeting schedule, critical path, and cost estimate for
the completion of the planning process.
g) Process all discretionary applications/entitlements to
final City Council approval. This would involve all
necessary inter-departmental coordination, preparation of
staff reports, presentations to all, reviewing bodies, and
any other tasks that may be required to finalize the
discretionary approval as required by the City Council.
7. Schedule, Milestone, Time-Limitations within which to Perform
Services.
Date for Commencement of Consultant Services:
(X) Same as Effective Date of Agreement
Dates or Time Limits for Delivery of Deliverables:
Under direction of City staff, and will function as an
extension of City staff.
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6-21
,~--"^,~-------'-'-' -""""-"'-''''-~>~--
Dates for completion of all Consultant services:
December 31, 2005
8 .
Documents to be
( ) site plans
elevations ( )
( ) other:
provided by Applicant to Consultant:
( ) grading plans ( ) architectural
project description.
9. Contract Administrators.
City: J.D. Sandoval, Director of Planning & Building, City
of Chula Vista Planning and Building Department, 276 Fourth Av,
Chula Vista, CA 91910, ph: (619)691-5002, FAX: (619)409-5861,
email: jsandoval@ci.chula-vista.ca.us.
Applicant: Todd Gala~neau, Vice-President, McMillin Otay
Ranch, LLC, 2727 Hoover Av, National City, CA 91950, ph:
(619)336-3959, FAX: (619)336-3093 email: tgalarneau@mcmillin.com
Consultant: Anthony J. Lettieri FAICP, 1231 Oliver Avenue
San Diego, California 92109, ph: (619) 540-7202, FAX: (858) 581-
9374, email: tonyl@san.rr.com.
10. Statement of Economic Interests, CODsultant Reporting
Categories, per Conflict of Interest Code:
X) Not Applicable. Not an FPPC Filer.
Category No.1. Investments and sources of income.
Category No.2. Interests in real property.
Category No.3. Investments, interest in real
property and sources of income
subject to the regulatory, permit
or licensing authority of the
department.
) Category No.4. Investments in business entities
and sources of income which engage
in land development, construction
3PtyLettieri-McMillin EUC.doc 05/31/2005
Page 5
6.....22
) Category No.5.
) Category No.6.
) Category No.7.
11. Insurance Requirements:
or the acquisition or sale of real
property.
Investments In business entities
and sources of income of the type
which, within the past two years,
have contracted with the City of
Chula Vista (Redevelopment Agency)
to provide services, supplies,
materials, machinery or equipment.
Investments in business entities
and sources of income of the type
which, within the past two years,
have contracted with the designated
employee's department to provide
services, supplies, materials,
machinery or equipment.
Business positions.
(X ) Commercial General Liability: $1,000,000.
(X ) Automobile Liability: $1,000,000.
( ) Worker's Compensation: Statutory
( ) Employer's Liability: $1,000,000.
( ) Errors and Omissions Liability: $2,000,000.
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Exhibit C
Compensation Schedule and Deposit: Terms and Conditions.
Single Fixed Fee Arrangement.
For performance of all of the General and Detailed Services
of Consultant as herein required, Applicant shall pay a single
fixed fee in the amounts and at the times or milestones set forth
below:
) Single Fixed Fee Amount: $
Phased Fixed Fee Arrangement.
For the performance of each phase or portion of the General
and Detailed Services of Consultant as are separately identified
in Exhibit C, under the category labeled "Phased Fixed Fee
Arrangement", Applicant shall pay the fixed fee associated with
each phase of Services, in the amounts and at the times or
milestones set forth hereinbelow ("Phase Fixed Fee Arrangement")
Consultant shall not commence Services under any Phase, and
shall not be entitled to the compensation for a Phase, unless
Applicant shall have issued a notice to proceed to Consultant as
to said Phase.
(X Time and Materials
For performance of the General and Detailed Services of
Consultant as herein required, Applicant shall pay Consultant for
the productive hours of time and material spent by Consultant in
the performance of said Services, at the rates or amounts set
forth hereinbelow according to the following terms and
conditions:
(Not-to-Exceed Limitation on Time and Materials Arrangement
Notwithstanding the expenditure by Consultant of time and
materials in excess of said Maximum Compensation amount,
Consultant agrees that Consultant will perform all of the
General and Detailed Services herein required of Consultant
for including all Materials, and other
"reimburseables" ("Maximum Compensat ion") .
5
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( x ) Limitation without Further Authorization on Time and
Materials Arrangement
At such time as Consultant shall have incurred time and
materials equal to $50,000 (lIAuthorization Limit"),
Consultant shall not be entitled to any additional
compensation without further authorization issued in writing
and approved by the City Council. Nothing herein shall
preclude Consultant from providing additional Services at
Consultant's own cost and expense.
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6-25
Rate Schedule
Category of Employee
of Consultant
Name
Hourly
Rate
Principal Consultant
Anthony J. Lettieri
$125
Materials Separately Paid For by Applicant
Cost or Rate
Materials
Reports
Copies
Travel
Printing
Postage
Delivery
Long Distance Telephone Charges
Other Actual Identifiable Direct Costs
Actual
Actual
Actual
Actual
Actual
Actual
Actual
-----------------------------------
Deposit
( X) Deposit Amount: $ 25,000
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Use of Deposit to Pay Consultant.
Notwithstanding the sole duty and liability of Applicant to
pay Consultant, if this paragraph is "checked", upon City's
receipt of billing by Consultant, and determination by City in
good faith that Consultant's billing is proper, a judgment for
which Applicant agrees to hold City harmless and waive any claim
against City, City shall pay Consultant's billing from the amount
of the Deposit. If Applicant shall protest the propriety of a
billing to City in advance of paYment, City shall consider
Applicant's protest and any evidence submitted prior to the due
date for the paYment of said bill by Applicant in making its good
faith determination of propriety.
( ) Use of Deposit as Security OnlYi Applicant to Make Billing
PaYments.
Upon determination by City made in good faith that
Consultant is entitled to compensation which shall remain unpaid
by Applicant 30 days after billing, City may, at its option, use
the Deposit to pay said billing.
----------------------------------
Bill Processing:
A. Consultant's Billing to be submitted for the following
period of time:
X Monthly
Quarterly
Other:
B. Day of the Period for submission of Consultant's
Billing:
X First of the Month
15th Day of each Month
End of the Month
Other:
C. City's Account Number:
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THE ATTACHED AGREEMENT HAS BEEN REVIEWED
AND APPROVED AS TO FORM BY THE CITY
ATTORNEY'S OFFICE AND WILL BE
FORMALLY SIGNED UPON APPROVAL BY
THE CITY COUNCIL
fie Ann
() City Attorn
Dated:
First Amendment to a three-party Agreement with
Anthony J. Lettieri, FAICP, consultant, and McMillin
Otay Ranch, LLC, applicant, for consultant services on
Eastern Urban Center Project
6-28
RESOLUTIQN NO.
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA
VIST A WANING THE FORMAL CONSULT ANT SELECTION
PROCESS, APPROVING THE FIRST AMENDMENT TO A THREE-
PARTY AGREEMENT WITH ANTHONY J. LETTIERI, FAlCP,
CONSULTANT, AND MCMILLIN OTAY RANCH, LLC, APPLICANT,
FOR CONSULTING SERVICES ON THE EASTERN URBAN CENTER
PROJECT, AND AUTHORIZING THE MAYOR TO EXECUTE SAID
CONTRACT AMENDMENT.
WHEREAS, in May 2005, the City entered into an agreement with Anthony J. Lettieri,
F AICP ("Consultant") to work as an extension of staff and focus on developing an
appropriate project for review in the Eastern Urban Center; and
WHEREAS, McMillin Otay Ranch, LLC ("Applicant") recently submitted a Sectional
Planning Area plan for the Eastern Urban Center and an intensive staff effort on this
project will soon begin; and
WHEREAS, the complex nature of this signature project requires a senior..:level planner
with applicable experience; and .
WHEREAS, Consultant is uniquely qualified with 37 years of planning experience
working on complex, large projects throughout San Diego County, including working on
the staff of the City as well as working on this specific proj ect over the last year; and
WHEREAS, staff recommends waiving the formal bid process as impractical due to the
complex nature of the project, and understanding of the City's entitlement process on this
project already understood by the Consultant.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City ofChula
Vista does hereby waive the formal consultant selection process.
BE IT FURTHER RESOLVED that City Council does hereby approve the first
amendment to a three-party agreement with Anthony J. Lettieri, FAlCP and McMillin
Otay Ranch, LLC for consulting services on the Eastern Urban Center Project.
BE IT FURTHER RESOLVED that the Mayor of the City ofChula Vista is hereby
authorized to execute said First Amendment on behalf of the City of Chula Vista.
6-29
_' ~."_._,_,,,..~..v_~.__"_M'''~_ ._,__,^,_.,,___
Presented by
J. D. Sandoval
Planning & Building Director
H:\Planning\BobMc\Lettieri Reso 5-9-06.doc
6-30
Approved as to form by
FIRST AMENDMENT
To the Three Party Agreement
Between City of Chula Vista,
Anthony J. Lettieri FAICP,Consultant, and
McMillin Otay Ranch, LLC, Applicant
For Consulting Work regarding the Eastern Urban Center Project
Recitals
This First Amendment to the three party agreement ("Amended Agreement") is effective
as of , 2006 (the "Effective Date") by and between the City of Chula Vista
("City"), Anthony J. Lettieri F AlCP, a sole proprietorship ("Consultant") and McMillin Gtay
Ranch, LLC, a Delaware limited liability company ("Applicant"), with reference to the following
facts:
WHEREAS, City, Consultant and Applicant previously entered into a three party
agreement on May 10,2005 (the "Original Agreement") whereby Consultant was to review and
process the application by Applicant for a Sectional Planning Area and one or more Tentative
Map applications for the Eastern Urban Center (the "Project"); and
WHEREAS, Consultant estimates that additional services in an amount of 20 hours per
week must be further dedicated on this Proj ect for the next eighteen months to complete the
entitlement process; and
WHEREAS, Consultant is uniquely qualified due to work experience in the City of Chula
Vista and acting as an extension of the Community Planning Section staff on the processing of
the entitlements for the Project; and
WHEREAS, all work performed by Consultant has been performed to the satisfaction of
the City's Director of Planning and Building.
NOW, THEREFORE, in consideration of the Recitals and the mutual obligation of the
parties set forth herein, City, Consultant and Applicant agree to amend the Original Agreement
as follows:
1. Exhibit A, Section 2 entitled Project Description, is hereby amended to read as follows:
Reviewing and processing application by McMillin Otay Ranch, LLC (Applicant) for a Sectional
Planning Area (SPA), PC District Regulations and one or more Tentative Map applications for
the Eastern Urban Center ("EUC"), and other related discretionary entitlements as may be
identified during the course of such processing.
2. Exhibit A, Section 6 entitled Detailed Scope of Work ("Detailed Services"), is hereby
amended to read as follows:
6-31
a) Meet with Director of Planning and Building and other appropriate City staff to
coordinate processing of the SPA Plan and associated applications, including working
with City staff to identify issues relevant to the design and implementation of the
development proposal.
b) Review all the planning and policy documents that are applicable to the EUC, that set
a direction for the EUC planning and processing, and that indicate City Council
public policy direction, inCluding the current City General Plan and Otay Ranch
General Development Plan ("GDP").
c) Meet with City staff from the Planning and Building and other appropriate
departments to determine what planning or policy direction has already been set with
the General Plan and Framework Strategy that may impact the EUC. Since the
Framework Strategy has yet to be finalized, continue to work with staff and all
interested parties to develop a strategy that implements the City policies for the
university and EUC.
d) Meet with Applicant on a regular basis to work on any issues that may develop
related to the SPA plan, related applications, and planning process.
e) In addition to the General Plan and GDP, ensure that the EUC planning is coordinated
with other public and private sector projects within the Otay Ranch, including
coordinating on the regional transportation system as it traverses through the EUC
and adjacent properties.
3. Exhibit A, Section 7, entitled Schedule, Milestone, Time-Limitations within which to
Perform Services, subsection: "Dates for Completion of all Consultant Services" is hereby
amended to read as follows:
October 30. 2007
4. Exhibit C, entitled Compensation Schedule and Deposit: Terms and Conditions. Subsection:
"Limitation without Further Authorization on Time and Materials Arrangement" is hereby
amended to read as follows:
At such time as Consultant shall have accrued time and materials equal to $180,000
("Authorization Limit") from the effective date of this First Amendment through October 30,
2007, Consultant shall not be entitled to any additional compensation without further
authorization issued in writing and approved by the City Council. Nothing herein shall
preclude Consultant from providing additional services at Consultant's own cost and
expense.
5. All other terms and conditions of the Original Agreement not specifically modified by this
First Amendment shall remain in full force and effect.
C:\Documents and Settings\michaelsh\Local Settings\Temporary Intengt .!~20LK35\AGREEMENf-Letteri McMillan First Amendment-5.06-
Final. doc
Signature Page
To the First Amendment Three Party Agreement
Between City of Chula Vista,
Anthony J. Lettieri FAICP,Consultant, and
McMillin Otay Ranch, LLC, Applicant
For Consulting Work regarding the Eastern Urban Center Project
IN WITNESS THEREOF, City, Consultant and Applicant have executed this First
Amendment to the Original Agreement thereby indicating that they have read and understood the
same and indicate their full and complete consent to its terms as of the Effective Date first
written above:
City of Chula Vista
Consultant: Anthony J. Lettieri, FAICP
By:
B~~~~
Stephen C. Padilla, Mayor
Attest:
Susan Bigelow, City Clerk
Approved as to form:
Applicant:
McMillin Otay Ranch, LLC a Delaware
limited liability company By: McMillin
Companies, LLC a Delaware limited
liability company Its: Manager
Ann Moore, City Attorney
By:
By:
C:\ W ord\Contracts\3pty LetteriAmendRl.doc
C.:\Documents and Settings\michaelsh\Local Settings\Temporary Interns:.t D~~OLK35\AGREEMENT -Letteri McMillan First Amendment-5.06-
Final. doc 0
PAGE 1, ITEM NO.:
MEETING DATE:
l-
OS/23/06
CITY COUNCIL AGENDA STATEMENT
RESOLUTION OF THE CITY OF CHULA VISTA PROVIDING
PRELIMINARY APPROVAL OF THE FINAL ENGINEER'S REPORT AND
ADOPTING A RESOLUTION OF INTENT TO RENEW THE PROPERTY.
BASED BUSINESS IMPROVEMENT DISTRICT FOR DOWNTOWN
CHULA VISTA FOR A PERIOD OF TEN YEARS
SUBMITTED BY: ASSISTANT CITY MANAGER/ DIR. OF COMMUNITY DEVEL
ITEM TITLE:
REVIEWED BY:
CITY MANAGER
4/5THS VOTE: YES D NO ~
BACKGROUND
The Downtown Chula Vista Property-Based Business Improvement District (PBID) was
formed in 2001 to proactively implement a number of enhancement services and
programs within the downtown core. Administered by the Downtown Business
Association (DBA)/Third Avenue Village Association (TAVA), the PBID was established to
promote a cleaner, safer, and more attractive business district. The PBID was
inaugurated for a five-year term beginning in 2001. In order to continue operation, the
PBID must be renewed by July 2006, by a majority of returned property owner ballots via
a weighted ballot process.
A petition drive to establish supporting the renewal of the Property-Based Business
Improvement District (PBID) for Downtown Chula Vista was conducted duri"ng March and
April by the DBA/TAVA. The petition drive was successful in gaining the signatures of over
fifty percent of affected property owners within the proposed District. The City aded on
March 7, 2006, to support the renewal of the PBID and to sign the petition for all City and
Agency owned parcels within the District. The adoption of the attached Resolution of Intent
will formally begin the process of renewing the PBID for a ten-year period, which will then
be subject to a vote of all affected property owners, pursuant to Proposition 218.
RECOMMENDATION
Approve the resolution adopting the Resolution of Intent to renew the Property-Based
Business Improvement District (PBID) for Downtown Chula Vista and provide preliminary
approval of the final Engineer's Report.
BOARDS/COMMISSIONS RECOMMENDATION
Not applicable.
7-1
PAGE 2, ITEM NO.:
MEETING DATE:
1-
OS/23/06
DISCUSSION
The renewal of the Property-Based Business Improvement District (PBID) for Downtown
Chula Vista will continue to help promote and improve the economic revitalization and
physical maintenance of Chula Vista's historic core. A discussion of the benefits provided
by the PBID to the District was reviewed by the Council at their meeting of March 7,
2006.
Pursuant to the Property and Business Improvement District Law of 1994, the next steps
for the City are the preliminary approval of the Engineer's Report (Attachment 1) and the
adoption of a Resolution of Intent to form the District. The Engineer1s Report is prepared
pursuant to State Law (Section 36600 et. seq. of the California Streets and Highways
Code) and provides a detailed description of the improvements and activities to be
provided, an estimate of the cost of the improvements and activities, the methodology for
determining assessment, and an assessment roll showing the amount proposed to be
specially assessed against each parcel of real property within this assessment district. The
action to adopt the Resolution of Intent is predicated on the success of the petition drive.
The petition drive requires that property owners, representing fifty percent of the total
assessment proposed to be levied ($407,925), support the district formation. This
threshold has been reached with over $220,000 of assessed valuation supporting the
formation of the District as of the date of this report. A final tally will be available later in
June.
The next step in the process will be a formal vote by all affected property owners pursuant
to Proposition 218. Ballots will be sent out on May 26, 2006, along with the formal
Notice of Public Hearing to all property owners in the proposed district. The ballots will
be opened and counted at the public hearing scheduled for July 18, 2006. At the public
hearing, fifty percent of the assessed valuation returning ballots must support formation
of the PBID for the district to be officially renewed. If this goal is reached, the PBID
assessment will come into effect on January 1, 2007.
FISCAL IMPACT
None with this action.
AnACHMENTS
Attachment A - Final Engineer's Report dated March 10, 2006
Prepared by: Croig Ruiz, Principal Community Development Specialist, Community Development Department
J:\COMMDEV\STAFF.REP\2006\OS_23_06\PBID rese ef intent sri rpt.dec
7-2
Attachment A
Downtown Chula Vista
Property-Based
Business Improvement District
FINAL
ENGINEER'S REPORT
March 10, 2006
Prepared by:
Kristin Lowell/ne.
1420 E. Roseville Pkwy # 140-342
Roseville, CA 95661
7-3
TABLE OF CONTENTS
EN GI N EER' S ST A TEM ENT ..... .... ......... ... ... ........ ..... .... ... ... ............ ......... .......... 1
ENGINEER'S REPORT:
EXHIBIT A: Description of Improvements and Activities ................2
EXHIBIT B: Estimate of Cost................................................................ 4
EXHIBIT C: Method of Apportionment.............................................. 5
EXHIBIT D: Assessment Roll ............................................................... 9
7-4
Downtown Chula Vista PBID
FINAL Engineer's Report
March 10, 2006
Page 1 of 12
ENGINEER'S STATEMENT
This Report is prepared pursuant to Section 36600 etseq. of the California Streets and
Highways Code (the "Property and Business Improvement District Law of 1994" as
amended) (here and after "State Law") and pursuant to the provisions of Article XIIID of
the California Constitution (Proposition 218).
The Downtown Chula Vista Property-Based Business Improvement District ("PBID") is
designed to improve and benefit properties in downtown Chula Vista. Every assessed
property within the PBID receives benefit from the maintenance and economic
development programs and activities. Only those properties within the PBID shall
receive the special benefit of these proposed improvements and activities (Exhibit A).
The duration of the proposed PBID is ten (10) years and an estimated budget for the
PBID improvements and activities is set forth in Exhibit B. Assessments will be subject to
an annual increase of up to 5% per year as determined by the Owners' Association and
will vary between 0 and 5% in any given year. Funding for the PBID improvements and
activities shall be derived from a property based assessment of each benefited parcel
in the PBID. A detailed description of the methodology for determining the benefit
assessment for each parcel is set forth in Exhibit C.
This Report includes the following attached Exhibits:
EXHIBIT A:
A detailed description of the improvements and activities to be provided.
EXHIBIT B:
The estimate of the cost of the improvements and activities.
EXHIBIT C: A statement of the method by which the undersigned determined the
amount proposed to be assessed against each parcel, based on benefits to be derived
by each parcel. respectively, from the improvements and activities.
EXHIBIT 0: An assessment roll, showing the amount proposed to be specially
assessed against each parcel of real property within this assessment district.
Respectfu Ily submitted,
".~~'"
~/~~~~: ~~'~
~~'J;(~-,?-\'- 'o~:..-
~8(":'". ~Io. 13398 r ~
Exp 3-31-07
* *
\
\<J7~!< CIV\\..<",>/.
.~/
Terrance E. Lowell, P.E.
7-5
Downtown Chula Vista PBID
FINAL Engineer's Report
March 10,2006
Page 2 of 12
EXHIBIT A:
IMPROVEMENTS AND ACTIVITIES
Since the creation of the PBID in 2001, downtown has continued to improve. Downtown is
widely perceived as safer and cleaner. New investment has added office buildings,
restaurants and retail stores. New housing and mixed-use development is now anticipated
as downtown evolves beyond its primary role as a retail and employment center.
Identified as the "Third Avenue Village" within the new Urban Core Specific Plan, support
for downtown revitalization is growing throughout the entire city. To protect and leverage
downtown's existing and new investment, downtown property and business owners
determined they would like to:
· Continue PBID Maintenance services to retain a consistent level of cleanliness
throughout downtown. In addition to sidewalk sweeping, power washing, graffiti
removal and landscape maintenance, the PBID will add cleaning of parking lots
and alleys.
· Provide more aggressive and visible Economic Development & Marketing initiatives
to attract new businesses, consumers and visitors to downtown properties and,
consistent with the "Third Avenue Village" vision, advance downtown's evolution
as a dining and entertainment district.
The following narrative provides recommendations for the first operating year of the PBID.
Program activities may be amended in subsequent years within the following general
categories.
Maintenance
PBID maintenance teams will continue to provide enhanced cleaning services, including
sidewalk sweeping and litter removal, power washing of sidewalks, graffiti removal and
the additional service of alley and parking lot cleaning. The proposed service frequencies
for Maintenance services for the Third A venue corridor versus the remainder of the district
are provided below:
None
As Needed
None
None
Weekl
Weekl
For 2007, additional maintenance funds are budgeted to expand maintenance to alleys
and parking lots.
7-6
Downtown Chula Vista PBID
FINAL Engineer's Report
March 70, 2006
Page 3 of 12
Economic Development and Marketing
Economic development and marketing activities will expand upon the past efforts and
provide aggressive strategies to continue the improvement of the business image of the
downtown district with the goal of attracting and retaining businesses, jobs and
investment. Annual work programs and budgets will be developed in collaboration with
targeted stakeholders and approved by the PBID Owner's Association Board of Directors.
Programs will be selected from a variety of options that may include the following:
Economic Development services to aide in efforts to attract new retail, restaurants,
entertainment, service and other businesses consistent with the "Third A venue Village"
vision to downtown and elevate downtown's business profile in the regional market.
Options may include:
. Design and production of investor marketing packages to assist real estate
brokers, developers and property owners in business recruitment efforts.
. Maintenance of a district database with local market and real estate
information.
. Market research and market-based planning to identify targeted businesses
and investment strategies for downtown;
. Trouble-shooting and permitting liaison services to assist property and business
owners to invest and operate in the district.
. Enhanced research and development of the downtown website.
. Coordinate efforts with the City of Chula Vista in developing an outreach
program to property owners, real estate brokers and local/regional businesses
to develop under-utilized downtown properties.
. Business retention efforts to encourage existing businesses to grow.
Destination Marketing programs that aim to position downtown Chula Vista as a
dining, retail and entertainment destination. Marketing programs must demonstrate
collective benefits to business and property owners. Options may include:
. Advertising, including branding, coordinated campaigns and increased
placement and frequency in mass media venues.
. Public relations efforts to promote a positive image and overall experience.
. Increased distribution and enhanced quality of publications, including the
downtown map and directory and future activity guides.
. Improved special event production and promotions.
. Design, installation and maintenance of a new downtown directional signage
system.
Communications services to better inform business and property owners.
. Continued publication of a downtown district newsletter.
. PBID ratepayer surveys to measure overall satisfaction with programs.
. Media relations activities to project a creative and exciting business image in
local, regional and national media.
7-7
Downtown Chula Vista PBID
FINAL Engineer's Report
March 10,2006
Page 4 of 12
Advocacy, Administration and Reserve
Through the Chula Vista Downtown Business Association, the PBID supports a professional
staff that delivers programs and advocates on behalf of the Downtown district. The PBID
allows Downtown property owners to project a unified voice and elevate their influence in
policies and issues that affect the central business district. Funds are allocated to office
and support services such as bookkeeping, office rent, insurance, office equipment and
professional development and training for the staff and Chula Vista Downtown Business
Association board. A 5.0% operating reserve is also budgeted as a contingency for any
payment of delinquencies and/or unforeseen budget adjustments.
7-8
Downtown Chula Vista PBID
FINAL Engineer's Report
March 10,2006
Page 5 of 12
EXHIBIT B:
ESTIMATE OF COST
The following table shows the projected budget for 2007.
Economic Development/Marketing $213,000 52.2%
Maintenance: District-Wide $37,000 9.1%
Maintenance: Third Ave Enhanced $ 56,000 13.7%
Advocacy / Administration $82,500 20.2%
Reserve $19,425 4.8%
Total $407,925 100.0%
Budaet Notations
1. Total program revenue increases by 5% per year, the maximum allowed under
the proposed annual budget adjustment to keep pace with changes in the
consumer price index and other program costs. Actual budgets may not
increase 5%, as determined by the Chula Vista Downtown Owners Association.
During the first five years of the current PBID, actual annual increases averaged
about 3%.
2. Revenues for specific activities (Le. Maintenance, Economic Development &
Marketing, Advocacy, Administration & Reserve) may be reallocated among
activities from year to year based upon district needs and budgets developed
by the Chula Vista Downtown Owners Association.
3. The district will have a 10-year life beginning January 1, 2007. In five years (Le.
2011), the DBA and downtown property owners will undertake a review of the
Management District Plan and PBID programs. Any new or increased
assessments that are not consistent with the provisions of this Management
District Plan will require a new mail ballot process.
7-9
Downtown Chula Vista PBID
FINAL Engineer's Report
March 10,2006
Page 6 of 12
EXHIBIT C:
METHOD OF APPORTIONMENT
PBID Boundary
The proposed Downtown Chula Vista PBID will deliver its services to the commercial
corridor mainly along Third Avenue. The current boundaries are from E Street to the
north, I Street to the south, Church Avenue to the east and Landis Avenue to the west.
The proposed new boundary will expand west on F Street to Fourth Avenue,
encompassing the City of Chula Vista central library and police station.
Within the PBID boundary there are two different benefit zones for the maintenance
programs and activities. It was determined that the Third A venue corridor required
more maintenance services than the rest of the properties in the PBID. Described below
are the benefit zones.
District-Wide Maintenance: is all assessable properties within the PBID boundary.
All parcels in the PBID boundary will receive the same base level of maintenance
services.
Third Avenue Enhanced: is all assessable properties with frontage along Third
Avenue between E Street and H Street. These properties will receive a higher
frequency level of maintenance services than other parcels within the PBID
boundary.
Special Benefit
The Property and Business Improvement District Law of 1994, as amended, and the
State Constitution Article XIIJD require that assessments be levied according to the
special benefit each assessed parcel receives from the improvements and activities.
We determined that the proposed improvements and activities provide a special
benefit to the real property within the district area as discussed below for each
program. Each of the programs is designed to meet the goals of the PBID; to improve
the appearance and safety of the PBID, to increase office building occupancy and
lease rates, to encourage new business development and attract ancillary businesses
and services.
Maintenance
This program as described in Exhibit A expands the scale, scope and frequency of the
maintenance services the City currently provides in the PBID area. The maintenance
program is provided only to those properties within the PBID boundary, thus, each
assessed parcel located in the PBID will benefit from this higher level of maintenance
services. Therefore, it is our opinion that there is no general benefit and that the
increase level of maintenance provides a special benefit only to the assessed parcels in
the PBID. All general benefits, if any, are intangible and are not quantifiable because
the properties outside the PBID boundaries will not directly receive any of the
maintenance services. Thus the benefit they may receive is not measurable.
7-10
Downtown Chula Vista PBID
FINAL Engineer's Report
March 10,2006
Page 7 of 12
Economic Development and MarketinQ
This program, as described in Exhibit A, is intended to retain and attract new business.
This is in an effort to enhance the value of the properties and encourage investment
dollars. In order to accomplish this, the PBID proposes a myriad of economic
development and marketing programs. This program is designed to benefit only the
Downtown Chula Vista district area, thus, each parcel located in the PBID will benefit
from the marketing efforts. Therefore, it is our opinion that there is no general benefit
and that the economic development and marketing programs provide a special
benefit to the parcels in the district area. All general benefits, if any, are intangible and
are not quantifiable because the properties outside the PBID boundaries will not directly
receive any of the marketing programs. Thus the benefit they may receive is not
measurable.
In addition to the special benefits described above there are also less tangible reasons
why these services provide on Iy a special benefit to those properties within the PBID.
1. All improvements and activities to be provided through the PBID are
special services and are above and beyond the general level of service
the City currently provides.
2. All improvements and activities to be provided through the PBID are
designed by the property owners to increase business revenue and
provide special benefits that may result in increased rental occupancy
rates and annual revenue incomes to the owners of real property within
the district.
3. The proposed district is bound by residential neighborhoods on the north
and east and other commercial districts on the south and west that do
not adhere to the goals of the PBID and are not consistent with service
level needs of the PBID.
4. The California state Legislature found that assessments levied for the
purpose of providing improvements and promoting activities that benefit
real property are not taxes for the general benefit of a city, but are
assessments for the improvements and activities which confer special
benefits upon the real property for which the improvement and activities
are provided. Streets and Highways Code Section 36601 (d).
Any general benefits, if general benefits do exist, to the properties in the area and
surrounding community and public in general are intangible and not quantifiable. All
benefits derived from the assessments outlined in the Management District Plan are for
services directly benefiting the assessed properties in this specialized district and support
increased commerce and the goals and objectives of the business improvement
district .
7-11
Downtown Chu/a Vista PBID
FINAL Engineer's Report
March 70,2006
Page 8 of 12
Assessment Method
Determining the proportionate share of special benefit among the parcels of real
property, including the government owned parcels, within the proposed assessment
district which benefit from the proposed Improvements is the result of a four-step
process:
1. Defining the proposed improvements.
2. Identifying how each assessed parcel specially benefits from the proposed
improvements and activities.
3. Determining the amount of the special benefit each assessed parcel receives in
relation to the other parcels in the district.
4. Apportioning the cost of the proposed improvements and activities to each
assessed parcel based on the special benefit received.
The proposed improvements and activities as outlined in Exhibit A will provide a higher
level of service than the City provides with City funds to those parcels in the PBID area.
Therefore, every parcel in the PBID benefits from the improvements and activities and
will receive enhanced maintenance services, economic development and marketing
programs, and administration/advocacy. The PBID programs are designed to deliver
service to each parcel within the district.
Assessment Factors
The Downtown Chula Vista property owners and business owners have emphasized that
the assessment formula for the PBID must be fair, balanced and have a direct
relationship to benefits received. The State enabling legislation also states, "Assessments
levied on real property shall be levied on the basis of the estimated benefit to the real
property within the district."
While all the PBID services will only be provided to assessed parcels within the district,
the recommended methodology for the Downtown Chula Vista PBID is to spread the
cost of the improvements and activities to both the lot square footage and linear street
frontage acknowledging that the improvements and activities provide a benefit to the
entire parcel and at street level.
· Lot acreage is the primary assessment variable for Economic Development and
Marketing activities since the distribution of benefits from the proposed services is
expected to be uniform throughout the district and proposed improvements and
activities are intended to enhance value throughout the district attracting new
investment and providing a clean appearance and safer business environment.
· Lot frontage is the primary assessment variable for Maintenance activities, since
properties benefit from better maintained landscaping and sidewalks that run
along the frontage of properties. Costs of district-wide maintenance activities are
allocated to all properties within the District, while Third A venue enhanced
maintenance costs are allocated only to properties with frontage on Third Avenue
south of E Street and north of H Street.
7-12
Downtown Chula Vista PS/D
FINAL Engineer's Report
March 10, 2006
Page 9 of 12
Assessment Calculation
As discussed in Exhibit A, there are four activities proposed for the Downtown Chula
Vista PBID; economic development and marketing, district-wide maintenance, Third
Avenue enhanced maintenance, and PBID advocacy, administration and reserves.
The PBID advocacy, administration and reserve expense is allocated to the other three
activities based on each activities budget percentage of the total.
Economic Develo ment & Marketin
Mai ntenance/District -Wide
MaintenancelThird Avenue Enhanced
213,000
37,000
56,000
69.6%
12.1%
18.3%
70,948
12,324
18,653
283,948
49,324
74,653
TOTAL
306,000
100.0%
101,925
407,925
Economic Development Marketinq and Parkinq Manaqement
Since this activity is designed to provide a uniform benefit to every parcel in the district
and is intended to enhance value throughout the district by attracting new investment,
lot size is the assessment factor used in calculating this program. Since the properties
within the District consist of business and retail uses, the amount of business and retail
use is a function of the size of the parcel. The larger the parcel the more business and
retail use the parcel can have, Le., the size of the parcel may determine the size of the
business or retail establishment on the parcel. Smaller size parcels benefit to a lesser
degree than larger size parcels. Therefore, each business and retail parcel receives
special benefits from this activity in relationship to the parcel size and its assessment is
calculated based 0 n the total parcel size.
Therefore, to calculate each parcel's annual assessment for this activity, divide the
budget amount of $283,948 by 3,270,656, the total number of lot square feet in the
District, which equals $0.0868 per lot square foot. Then multiply the $0.0868 assessment
per lot square foot by the total lot square footage for each parcel. For example if a
parcel has 10,000 square feet, its assessment for this activity is $868.00 (10,000 x $0.0868).
District-Wide Maintenance
Since this activity is designed to provide a uniform benefit to every parcel in the district
and is intended to enhance the landscaping and sidewalks that run along the frontage
of the properties, linear street frontage is the assessment factor used in calculating this
activity. This reflects that the longer the linear street frontage the greater the special
benefit from the proposed activities is conferred on that parcel. A parcel with more
linear street frontage receives greater benefit from the proposed maintenance
activities.
Therefore, to calculate each parcel's annual assessment for this activity, divide the
budget amount of $49,324 by 26,920, the total number of linear frontage in the District,
7-13
Downtown Chula Vista PB/D
FINAL Engineer's Report
March 70,2006
Page 10 of 12
which equals $1.832 per linear foot. Then multiply the $1.832 assessment per linear foot
by the total linear feet for each parcel. For example if a parcel has 50 linear feet, its
assessment for this activity is $91.60 (50 x $1.832).
Third Avenue Enhanced Maintenance
Since this activity is designed to provide a higher level of maintenance service to all
parcels that front Third Avenue between E Street and H Street, linear street frontage is
the assessment factor used in calculating this activity. Just as with the District-Wide
Maintenance, the longer the linear street frontage th.e greater the special benefit from
the proposed activities is conferred on that parcel. A parcel with more linear street
frontage receives greater benefit from the proposed maintenance activities.
Therefore, to calculate each parcel's annual assessment for this activity, divide the
budget amount of $74.653 by 6,981, the total number of linear frontage on Third
Avenue, which equals $10.694 per linear foot. Then multiply the $10.694 assessment per
linear foot by the total linear feet for each parcel. For example if a parcel has 50 linear
feet, its assessment for this activity is $534.70 (50 x $10.694). This assessment is in addition
to the district-wide maintenance assessment.
Assessment Adjustments
CPI Adiustment
Annual assessment rates may be adjusted for annual changes in the San Diego Consumer
Price Index (CPI) for all urban consumers and/or other changes in programs costs, not to
exceed 5%. Actual annual adjustments may range from 0% to 5%. Assessment rates will
not exceed the levels illustrated by the Ten Year Operating Budget and Maximum
Assessment exhibit.
Property Use Considerations
The methodology provides the following treatments for property used exclusively for
residential, non-profit and government uses:
· FAR (Floor Area Ratio) Adjustment: The existing PBID area is pretty uniform in
building heights, however, over the next several years, new mid-rise mixed-use
developments are anticipated within the Downtown Chula Vista PBID. This will
change the demand for activities and improvements provided by the PBID.
Therefore, the higher rise buildings will need to pay for their fair share of the
improvements and activities costs. Buildings that have square footage in excess of
2:1 FAR per parcel will be assessed for the additional building square footage at
the same assessment rate as lot square footage.
· Treatment of Residential Property: Proposition 218 states that no parcel is exempt
from assessments if that parcel receives benefit from the improvements and
activities, this includes residential use parcels. This is based on the premise that in
this case residential parcels receive benefit from the economic development and
maintenance programs. The economic development programs will aim to bring
added services and amenities to the downtown that will benefit residential parcels.
7-14
Downtown Chula Vista PBID
FINAL Engineer's Report
March 10,2006
Page 11 of 12
The maintenance services will provide a cleaner environment for all parcels in the
PBID.
· Vacant Unimproved Land: For vacant unimproved land within the District,
assessments will be calculated at 50% of the assessment for improved lots. This
adjustment accounts for the lack of income production and utility provided by
vacant unimproved lots. When unimproved lots are improved with parking and/or
a structure and as evidenced by the issuance of a building permit then the full
assessment will be placed on the improved property as of the following tax year.
· Churches: For the purposes of the PBID, buildings with churches and accessory
properties (i.e. parking) for churches will pay only a lot frontage assessment for
Maintenance services. Economic Development and Marketing activities will not
benefit churches and these properties will not be assessed for lot square footage.
· Assessment Policy on Non-Governmental Tax-Exempt Properties: In addition to
churches, properties that are exempt from property tax may not receive Economic
Development and Marketing activities specified in this Management District Plan
and may not be fully assessed for these services. An owner of real property
located within the boundaries that meets these criteria may reduce the amount of
the lot square footage assessment to be levied if all of the following conditions are
met:
1. The property owner is a non-profit corporation that has obtained federal tax
exemption under Internal Revenue Code section 501 c3 or California
franchise tax-exemption under the Revenue and Taxation Code Section
23701d.
2. The class or category of real property is eligible for exemption, in whole or in
part, from real property taxation.
3. The property owner makes the request in writing to the Chula Vista
Downtown Business Association prior to the submission of the PBID
assessment rolls to the County Assessor (on or before July 1 of each year),
accompanied by documentation of the tax-exempt status of the property
owner and the class or category of real property.
If these conditions are met, the amount of the PBID assessment to be levied on lot
square footage shall be reduced in the same proportion to the real property tax
exemption granted to the property by the County of San Diego.
· Government Assessments: The Downtown Chula Vista PBID Management District
Plan assumes that the City of Chula Vista, Chula Vista Redevelopment Agency,
County of San Diego, State of California and other government entities will pay
assessments for the special benefits conferred to government property within the
boundaries of the PBID. Article XIII 0 of the California Constitution was added in
November of 1996 and provides for these assessments.
7-15
Downtown Chu/a Vista PBID
FINAL Engineer's Report
March 10,2006
Page 12 of 12
EXHI BIT 0:
ASSESSMENT ROLL
The total assessment amount for 2007 is $407,925 apportioned as follows on the
following pages.
7-16
RESOLUTION NO. 2006-
RESOLUTION OF THE CITY OF CHULA VISTA PROVIDING
PRELIMINARY APPROVAL OF THE FINAL ENGINEER'S REPORT AND
ADOPTING A RESOLUTION OF INTENT TO RENEW THE PROPERTY-
BASED BUSINESS IMPROVEMENT DISTRICT FOR DOWNTOWN CHULA
VISTA FOR A PERIOD OF TEN YEARS
WHEREAS, the Property and Business Improvement District Law of 1994 (California Streets
and Highway Code Section 36600 et seq.)(the "PBID Law") authorizes the City of Chula Vista to form
one or more business improvement districts ( a "BID") within Chula Vista; and
WHEREAS, the City Council of the City of Chula Vista wishes to continue to promote the
economic revitalization and physical maintenance of the business districts within Chula Vista; and
WHEREAS, the renewal of the PBID within Chula Vista will further the City Council's goals of
creating jobs, assisting new businesses and supporting the existing business district within the City; and
WHEREAS, a petition signed by property owners in the proposed PBID who will pay more than
fifty percent (50%) of the assessment proposed to be levied has been submitted to supporting the
renewal of the PBID; and
WHEREAS, a special annual assessment will be levied on the property owners located within
the PBID boundaries; and
WHEREAS, the City will not be issuing any bonds to support the renewal of the PBID; and
WHEREAS, the PBID will continue to be located in downtown Chula Vista and would include
the Chula Vista Main Library and Police Station and the area from E Street to I Street and from Church
Avenue to Landis Avenue; and
WHEREAS, the services to be provided in the PBID will include economic development and
marketing for business retention and attraction; district wide maintenance; Third Avenue enhanced
maintenance including graffiti removal, landscape improvements and power washing of sidewalks;
sponsoring of annual special events; and
WHEREAS, the estimated costs for the first year of operation of the PBID is Four Hundred
Seven Thousand Nine Hundred Twenty Five Dollars ($407,925) which cost may be increased in future
years a maximum of five percent (5%) annually; and
WHEREAS, a more detailed description of the location, services and costs of operation of the
proposed PBID are set forth in the final management plan, date January 27, 2006, on file with the City
Clerk and incorporated in this Resolution by this reference; and
WHEREAS, adoption of this Resolution preliminarily approves the Engineer's Report dated
March 10,2006, and attached to the subject staff report; and
WHEREAS, a noticed public hearing will be held by the City Council to receive public input on
the PBID renewal on July 18, 2006 at 6:00 P.M. in the City Council Chambers located at 276 Fourth
Avenue, Chula Vista.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City ofChula Vista does
hereby authorize the City Manager to initiate the proceedings to renew the PBID in conformance with
the PBID Law and California Government Code Section 53753; and be it
FURTHER RESOLVED the public hearing will be held by the City Council to receive public
input on the proposed PBID on July 18,2006 at 6:00 P.M. in the City Council Chambers located at 276
Fourth Avenue, Chula Vista.
] :\COMMDEV\ST AFF .REP\2006\05-23-06\pbid reso.doc
I-I?
Presented by
Approved as to form by
~~~
Ann Moore
City Attorney
Dana M. Smith
Assistant City Manager
C:\Documents and SettingslchervlplLocal SettingslTemporarv Internet FileslOLKI 21pbid reso.doc
ITeM "::{- Rev[5c:C{
RESOLUTION NO. 2006-
RESOLUTION OF THE CITY OF CHULA VISTA PROVIDING
PRELIMINARY APPROVAL OF THE FINAL ENGINEER'S REPORT AND
ADOPTING A RESOLUTION OF INTENT TO RENEW THE PROPERTY-
BASED BUSINESS IMPROVEMENT DISTRICT FOR DOWNTOWN CHULA
VISTA FOR A PERIOD OF TEN YEARS
WHEREAS, the Property and Business Improvement District Law of 1994 (California Streets
and Highway Code Section 36600 et seq.)(the "PBID Law") authorizes the City of Chula Vista to form
one or more business improvement districts ( a "BID") within Chula Vista; and
WHEREAS, the City Council of the City of Chula Vista wishes to continue to promote the
economic revitalization and physical maintenance of the business districts within Chula Vista; and
WHEREAS, the renewal of the PBID within Chula Vista will further the City Council's goals of
creating jobs, assisting new businesses and supporting the existing business district within the City; and
WHEREAS, a petition signed by property owners in the proposed PBID who will pay more than
fifty percent (50%) of the assessment proposed to be levied has been submitted to supporting the
renewal of the PBID; and
WHEREAS, a special annual assessment will be levied on the property owners located within
the PBID boundaries; and
WHEREAS, the City will not be issuing any bonds to support the renewal of the PBID; and
WHEREAS, the PBID will continue to be located in downtown Chula Vista and would include
the Chula Vista Main Library and Police Station and the area from E Street to I Street and from Church
Avenue to Landis A venue; and
WHEREAS, the services to be provided in the PBID will include economic development and
marketing for business retention and attraction; district wide maintenance; Third Avenue enhanced
maintenance including graffiti removal, landscape improvements and power washing of sidewalks;
sponsoring of annual special events; and
WHEREAS, the estimated costs for the first year of operation of the PBID is Four Hundred
Seven Thousand Nine Hundred Twenty Five Dollars ($407,925) which cost may be increased in future
years a maximum of five percent (5%) annually; and
WHEREAS, a more detailed description of the location, services and costs of operation of the
proposed PBID are set forth in the final management plan, date January 27, 2006, on file with the City
Clerk and incorporated in this Resolution by this reference; and
WHEREAS, adoption of this Resolution preliminarily approves the Engineer's Report dated
March 10, 2006, and attached to the subject staff report; and
WHEREAS, a noticed public hearing will be held by the City Council to receive public input on
the PBID renewal on July 18,2006 at 6:00 P.M. in the City Council Chambers located at 276 Fourth
A venue, Chula Vista.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City ofChula Vista does
hereby authorize the City Manager to initiate the proceedings to renew the PBID in conformance with
the PBID Law and California Government Code Section 53753; and be it
FURTHER RESOLVED the public hearing will be held by the City Council to receive public
input on the proposed PBID on July 18,2006 at 6:00 P.M. in the City Council Chambers located at 276
Fourth Avenue, Chula Vista.
J :ICOMMIJEVIST AFF.REPI2006105-23-{)6Ipbid resodoc
Presented by
Approved as to form by
Dana M. Smith
Assistant City Manager
Ann Moore
City Attorney
J :\COMMDEVlSTAFF.REP\2006\05-23-06\pbid reso.doc
Resolution Amending the FY06 budget by appropriating $819,000
from the available balance of the Fleet Management Fund and awarding a
Purchase Agreement in the amount of $819,000 for three combination
sewer cleaning trucks to Dion International, Inc., in accordance with the
terms and conditions of City of San Diego Bid 6971-05-Z and Purchase
Order 8070191-0
Director of Public Works Operation A ,
Director of Financerri\ r( Y
City Manager 1 jP-- 7/Z (4/5 Vote: Yes-X- No~
The FY 2005-06 Equipment Replacement Budget is being amended to provide for the
replacement of three combination sewer cleaning trucks. The Chula Vista Municipal Code
Section 22.56.140 and Council Resolution No. 6132 authorize the Purchasing Agent to
participate in cooperative bids with other government agencies for the purchase of materials of
common usage. The City has an opportunity to participate in a current City of San Diego bid for
favorable terms and pricing.
ITEM TITLE:
SUBMITTED BY:
REVIEWED BY:
COUNCIL AGENDA STATEMENT
Item 8
Meeting Date 5/2312006
RECOMMENDATION: That the City Council approve the Resolution amending the FY06
Equipment Replacement budget by appropriating $819,000 from the available balance of the
Fleet Management Fund and awarding a Purchase Agreement in the amount of $819,000 for
three combination sewer cleaning trucks to Dion International, Inc., in accordance with the terms
and conditions of City of San Diego Bid 6971-05-Z and Purchase Order 8070191-0
DISCUSSION:
In the past, the City of Chula Vista has entered into purchasing agreements with various agencies
for miscellaneous pieces of equipment. The City of San Diego issued a bid specification, and as a
result of the size of the municipality, received favorable terms and pricing based on potential
volume discounts. The City of Chula Vista has an opportunity to participate in the City of San
Diego bid and realize these cost benefits.
The three combination sewer cleaning trucks, assigned to Public Works Operations, are in need
of replacement. These trucks would have normally been replaced in the current year's
replacement program, but were held back due to new regulations mandating reduced tailpipe
emissions. As a result, staff anticipated purchasing the trucks during next fiscal year so that the
vehicles would be equipped with emission-compliant 2007 engines. The normal lead-time to
receive these trucks after placing an order is 300 days. Staff recommends purchasing the trucks
8-1
Page 2, Item!
Meeting Date 5/23/2006
now because the vendor has assured the City, if ordered now, that the three combination sewer
trucks will be emission-compliant when they arrived. In addition, ordering now will save on the
purchasing costs, as there will be a 20% price increase on these vehicles in August of 2006.
FISCAL IMPACT:
The net total cost including taxes is $819,000. The required funds will be provided by the Fleet
Management Fund for the replacement of three combination sewer-cleaning trucks.
File No: 1320-50-00
C:\Oocuments and Settings\robel1b\My Documents\Bob\A113 ComboCleanerFY06.doc
8-2
RESOLUTION NO. 2006-
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA
VISTA AMENDING THE FY06 BUDGET BY APPROPRIATING
$819,000 FROM THE A V AILABLE BALANCE OF THE FLEET
MANAGEMENT FUND AND AWARDING A PURCHASE
AGREEMENT IN THE AMOUNT OF $819,000 FOR THREE
COMBINATION SEWER CLEANING TRUCKS TO DION
INTERNATIONAL, INC. IN ACCORDANCE WITH THE TERMS
AND CONDITIONS OF CITY OF SAN DIEGO BID 6971-05-Z AND
PURCHASE ORDER 8070191-0
WHEREAS, the FY 2005-06 Equipment Replacement Budget is being amended to
provide for the replacement of three combination sewer cleaning trucks; and
WHEREAS, the Chula Vista Municipal Code Section 22.56.140 and Council Resolution
No. 6132 authorize the Purchasing Agent to participate in cooperative bids with other
government agencies for the purchase of materials of common usage; and
WHEREAS, the City has an opportunity to participate in a current City of San Diego bid
for favorable terms and pricing; and
NOW, THEREFORE, BE IT RESOLVED the City Council of the City of Chula Vista
does hereby amend the FY06 budget by appropriating $819,000 from the available balance of the
Fleet Management Fund and award a Purchase Agreement in the amount of $819,000 for three
combination sewer cleaning trucks to Dion International, Inc. in accordance with the terms and
conditions of City of San Diego Bid 6971-05-Z and Purchase Order 8070191-0
Presented by
Approved as to form by
~~~~~~~,
Ann Moore
City Attorney
Dave Byers
Director of Public Works Operations
J:\Attorney\purchase agreements\award sewer cleaning trucks
1
8-3
COUNCIL AGENDA STATEMENT
Item ~
Meeting Date OS/23/2006
ITEM TITLE:
CONSIDERATION OF AN AMEND.MENT TO THE CHULA VISTA MUNICIPAL
CODE TO ADD THE PROHIBITION OF SMOKING IN OUTDOOR DINING AREAS.
SUBMITTED BY: Zaneta Salde Encarnacion, Constituent Services Manager JfIt-./
REVIEWED BY:
City Atto~~e! ~
Chiefof~
(4/5ths Vote: Yes _ No.xJ
BACKGROUND:
In July 2005, citizens and local organizations contacted the Mayor's Office expressing their concerns
about smoking on outdoor dining establishments. Citing evidence to the dangers of secondhand
smoke, these individuals requested the creation of a policy that would prohibit smoking on outdoor
dining areas in Chula Vista.
RECOMMENDATION: Council conduct the public hearing and place the following ordinance
on fIrst reading: ORDINANCE OF THE CITY OF CHULA VISTA ADDING SECTION 8.22.35
TO THE CHULA VISTA MUNICIPAL CODE TO PROHIBIT SMOKING ON ALL
OUTDOOR DINING ESTABLISHMENTS
BOARDS/COMMISSIONS: N/ A
DISCUSSION:
Over 50,000 people die each year due to secondhand smoke, making it the third leading cause of
preventable death in the United States. The U.S. Environmental Protection Agency classifIes
secondhand smoke as a Group A carcinogen, one of the most dangerous substances similar to
asbestos and radon. On January 26,2006, secondhand smoke was placed in the same class of toxic
air pollutant as arsenic, benzene and diesel exhaust by the California Air Resource Board.
A September report by the California Office of Environmental Health Hazard Assessment linked
secondhand smoke to increase risk of developing breast cancer in young women between 68% to
120%, premature births, lower tests scores for children, asthma and numerous more health risks for
children.
History of Secondhand Smoke Legislation in California
In 1994 California passed Labor Code 6404.5, otherwise known as the California Smoke-Free
Workplace Act. This law prohibited all smoking in workplaces, including restaurants and clubs.
Smoking bans in bars took affect in 1998. In 2004, AB 846 included the restriction of smoking
within 20 feet of a main entrance, exit, and operable window of all public buildings. In January
2005, San Francisco became the fIrst city to pass legislation banning smoking in all public parks. To
date, many more cities have followed suite. Many local jurisdictions have also passed legislation to
make beaches smoke-free.
9-1
Page 2, Item q
Meeting Date OS/23/2006
Proposed Addition to Municipal Code
8.22.35 Prohibition on smoking in dining areas
No person shall smoke in the dining area of any restaurant or establishments where people eat,
including outdoor patios, outdoor bars that serve food, or any covered eating area.
Public Support
According to the California Tobacco Survey 2002 (CTS), only 15% of residents in San Diego
County are smokers, and only 10% are daily smokers. 89% of San Diego County adults believe that
secondhand smoke causes lung cancer in nonsmokers. 97% of San Diego County adults believe that
secondhand smoke harms the health of babies and children.
73% of Californians agree that smoking should be prohibited in outdoor dining areas at restaurants.
The 2002 Media Tracking Study conducted by the State ofIndiana showed that more than twice as
many sm 0 kers from California prefer a smoke-free restaurant compared to smokers in the rest of the
United States.
Impact on Businesses
According to a survey conducted by the Institute for Public Strategies (IPS), Chula Vista has 272
Food & Beverage establishments. 38% (102) of those have outdoor dining facilities. Miguel's
Cocina, a restaurant in Eastlake, is the only restaurant in Chula Vista that prohibits smoking on their
outdoor dining area.
In the past, businesses have worried that smoking bans would decrease business. But those worries
have proved to be unfounded. In 1999, five years after the California Smoke-Free Workplace Act,
the California Board of Equalization showed taxable sales in restaurants and bars increased steadily.
* in millions
10
9.5
9
8.5
8
7.5
7
6.5
6
5.5
5
01997
101998
.1990
Restaurants
Bars
FISCAL IMPACT:
Attachment:
9-2
ORDINANCE OF THE CITY OF CHULA VISTA ADDING SECTION
8.22.35 TO THE CHULA VISTA MUNICIPAL CODE TO PROHIBIT
SMOKING IN ALL OUTDOOR DINING ESTABLISHMENTS
WHEREAS, scientific studies have concluded that cigarette smoking causes chronic lung
disease, coronary heart disease, stroke, cancer of the lungs, larynx, esophagus, mouth, and
bladder, and contributes to cancer of the cervix, pancreas, and kidneys; and
WHEREAS, the use of cigars is known to cause lung, larynx, esophageal, and oral cancer;
and
WHEREAS, more than 440,000 people die in the United States from tobacco-related
diseases every year, making it the nation's leading cause of preventable illness; and
WHEREAS, the World Health Organization (WHO) estimates that by 2030, tobacco will
account for 10 million deaths per year, making it the greatest cause of death worldwide; and
WHEREAS, deaths from smoking around the world will soon outnumber those from
AIDS, tuberculosis, traffic accidents, murder, and suicide combined; and
WHEREAS, the United States Environmental Protection Agency (EPA) has found
secondhand smoke to be a risk to public health, and has classified secondhand smoke as a
group A carcinogen, the most dangerous class of carcinogen; and
WHEREAS, exposure to secondhand smoke is the third leading cause of preventable death
in this country, killing over 52,000 non-smokers each year, including 3,000 deaths from
lung cancer; and
WHEREAS, between 4,200 and 7,440 nonsmokers die of ischemic heart disease from
secondhand smoke each year in California; and
WHEREAS, 87.9% of non-smokers showed detectable levels of cotinine (a metabolite of
nicotine) in their blood, the most likely source of which is secondhand smoke exposure; and
WHEREAS, secondhand smoke exposure adversely affects fetal growth with elevated risk
of low birth weight, and increased risk of Sudden Infant Death Syndrome (SIDS) in infants
of mothers who smoke; and
WHEREAS, secondhand smoke exposure causes as many as 300,000 children in the
United States to suffer from lower respiratory tract infections, such as pneumonia and
bronchitis, exacerbates childhood asthma, and increases the risk of acute chronic middle ear
infection in children; and
WHEREAS, the secondhand smoke has been ruled to be a the same class of toxic air
pollutant as arsenic, benzene and diesel exhaust by the California Air Resource Board; and
WHEREAS, secondhand smoke has been linked to increase the risk for developing breast
cancer in young women between 68% to 120%; and
WHEREAS, secondhand smoke has been linked to lower test scores, asthma, and numerous
more health risks for children; and
9-3
NOW THEREFORE, it is the intent of the City Council in enacting this ordinance, to
provide for the health, safety, and welfare of the public by discouraging the inherently
dangerous behavior of tobacco use around non-tobacco users; by protecting children from
exposure to smoking and tobacco while they eat; by reducing the potential for children to
associate smoking and tobacco with a healthy lifestyle; and by affirming and promoting the
family atmosphere of the City's public places.
Adding to the Municipal Code:
8.22.35 Prohibition on smoking in dining areas
No person shall smoke in the dining area of any restaurant or establishments where
people eat, including outdoor patios, outdoor bars that serve food, or any covered eating
area.
Presented by
Approved as to form by
Zaneta Salde Encarnacion
Constituent Services Manager
JW~ (!O:t~d;-r.
Ann Moore {J
City Attorney
9-4
COUNCIL AGENDA STATEMENT
Item:JP
Meeting Date: 5/23/06
ITEM TITLE:
Public Hearing: Consideration of the Final Second Tier Environmental
Impact Report (EIR 02-02) for the Otay Ranch Villages Two, Three, and a
portion of Village Four, Sectional Planning Area (SPA) Plan and
Tentative Map (TM).
SUBMITTED BY:
Resolution No. EIR 02-02 of the City Council of the City of Chula Vista
certifying the Final Second Tier Environmental Impact Report (EIR 02-
02) for the Otay Ranch Village Two, Three, and a portion of Village Four
Sectional Planning Area Plan and Tentative Map; making certain Findings
of Fact; adopting a Statement of Overriding Considerations; and adopting
a Mitigation Monitoring and Reporting Program pursuant to the California
Environmental Quality Act
Dl='", orPillruring ood BWldm~
City Manage~..r;,. D f<.
REVIEWED BY:
In accordance with the requirements of the California Environmental Quality Act (CEQA), a
Second Tier EIR has been prepared to analyze the environmental impacts of the proposed Otay
Ranch Villages Two, Three, and a portion of Village Four SPA Plan and TM (project). CEQA
Findings of Fact and a Mitigation Monitoring and Reporting Program have been prepared that
reflect the conclusions of the Final EIR. The Final EIR contains responses to comments received
during the public review period.
RECOMMENDATION:
Staff recommends that the City Council adopt Resolution EIR 02-02 certifying that the final
Second-Tier Environmental Impact Report (EIR 02-02) for the Otay Ranch Villages Two, Three,
and a portion of Village Four Sectional Planning Area Plan and Tentative Map has been prepared
in accordance with the California Environmental Quality Act (CEQA), the State CEQA
Guidelines and the Environmental Review Procedures of the City of Chula Vista; making certain
findings of fact; adopting a Statement of Overriding Considerations; and adopting a Mitigation
Monitoring and Reporting Program.
BOARDS/COMMISSIONS RECOMMENDATION:
The Resource Conservation Commission (RCC) reviewed the Draft EIR on April 17, 2006. The
majority of the RCC comments generally focused on concerns related to the increase in the
allowable number of dwelling units, modifications to the Multiple Species Conservation Program
(MSCP), traffic circulation and sewerage capacity. After reviewing and discussing the document,
the RCC found the document to be adequate and in compliance with the California
, I
Page 2, Item:JQ
Meeting Date: 5/23/06
Environmental Quality Act (CEQA) and voted (6-0-0-1) to reconnnend the certification of the
Final EIR by the City Council. Specific responses to the RCC comments are provided in the
Final EIR.
On April 19, 2006, the Planning Commission held a public hearing to close the public review
period for the draft EIR. Attached are the April 19, 2006 Planning Commission minutes
(Attachment I). Members of the public and Planning Commissioners raised concerns regarding
such issues as potential impacts to the adjoining MSCP Preserve, buffering between residential
and industrial uses, and air quality. Comments received during the public hearing, as well as any
written comments received during the 45 day public review period, have been responded to in
the Final EIR (Attachment 2).
The Planning Commission adopted a resolution at their meeting of May 10, 2006 reconnnending
that the City Council certify the Final EIR (Attachment 2). No concerns were raised by the
Connnission at their meeting of May 10,2006 regarding the adequacy ofEIR 02-02.
DISCUSSION:
The Otay Ranch Company has submitted an application requesting approvals for a Sectional
Planning Area (SPA) Plan and tentative map (TM) for the Project. The Project EIR evaluates the
environmental effects of the proposed project. The SPA Plan and TM propose development of
2,786 residential units on 335 acres of land, and three industrial areas on approximately 88 acres
of land. Also called out in the SPA plan are connnunity purpose facilities, schools, parks, and
open space areas.
The proposal calls for the amendment of the Otay Ranch General Development Plan to increase
the number of allowable residential units rrom 2,510 units to a maximum of 2,786 units. The
applicant's proposal also includes a request to make various amendments to the Chula Vista
MSCP, as well the amendments to the Otay Ranch Resource Management Plan (RMP). All
proposed amendments to the Otay Ranch GDP and RMP, as well as the MSCP, are fully
described in the project staff report.
CEOA ComDliance
Because of the size, complexity of issues and extended buildout time rrame of the Otay Ranch
Project, both the planning and environmental documentation associated with Otay Ranch were
tiered rrom the general to the specific. The first tier of planning and approvals included approval
of the Final Otay Ranch General Development Plan/Subregional Plan (GDP/SRP) Program EIR
(90-01). The Final Program EIR for Otay Ranch was prepared and certified jointly by the City of
Chula Vista and County of San Diego in 1993. The Program EIR for the Otay Ranch GDP was
certified with the intent that the individual SPA planning projects within Otay Ranch would be
reviewed as "second-tier" projects pursuant to Section 15153 of the California Environmental
Quality Act (CEQA) Guidelines. Under such tiering principles, the proposed Village Two,
/0 J~
Page 3, Item: 10
Meeting Date: 5/23/06
Three, and a portion of Village Four SPA and TM are analyzed at a second-tier level of review
(project level).
The Project EIR incorporates by reference and serves as a second-tier EIR to the Final Otay
Ranch GDP/SRP Program EIR (90-01) as well as its associated Findings of Fact and Mitigation
Monitoring and Reporting Program.
Comments on the Draft EIR
Letters of comment were received on the Draft EIR from the following agencies and individuals:
US Fish and Wildlife Service/California Department ofFish and Game
County Department of Planning and Land Use
California Highway Patrol
Sierra Club
Chula Vista Elementary School District
San Diego Archaeological Society
Theresa Acerro
The letters and responses are included in the Final EIR 02-02 (Attachment 2). All comments
received concerning EIR 02-02 have been fully addressed in the Final EIR.
Additional Revisions to Draft EIR
Minor typographical corrections and clarifications have been made to information contained in
the Draft EIR; the Final EIR reflects the corrected information. None of the corrections resulted
in modifications to conclusions regarding significance of impacts.
Findinl!s of the Final EIR 02-02
The Final EIR identified a number of direct and indirect significant environmental effects (or
"impacts") that would result from the proposed SPA Plan and conceptual TM. Some of these
significant effects can be fully avoided through the adoption of feasible mitigation measures.
Other impacts cannot be avoided by the adoption of feasible mitigation measures or feasible
environmentally superior alternatives. In order to approve the proposed project, a Statement of
Overriding Considerations must be adopted. The Statement of Overriding Considerations is
included as a part of the proposed "Findings of Fact." Implementation of the proposed project
will result in significant unmitigated impacts, which are listed below and further described in the
attached Findings of Fact and Statement of Overriding Considerations (Attachment 3).
,
<~)
Page 4, Item: /0
-
Meeting Date: 5/23/06
Summary of Environmental Imoacts
The following discussion contains a summary of the impact conclusions for the Final EIR.
Project level and cumulative impacts are identified and divided into three categories: significant
and unmitigated, significant and mitigated to less than significant, and less than significant.
Significant and Unmitigated Impacts
The significant, unmitigable impacts identified in the Village Two/Three Final EIR are either
cumulative or regional in nature. Cumulative impacts are significant when the project is
combined with other projects in the subregion, whereas an impact that is regional in nature is
beyond the sole control of the City ofChula Vista.
The Otay Ranch Program EIR 90-01 identified several significant and unmitigated impacts
associated with the development of the Otay Ranch. All identified significant and unmitigated
impacts associated with the Project described below, are consistent with the previously identified
significant unmitigated impacts in the Otay Ranch Program EIR 90-01. The project does not
result in any unmitigated impacts, which were not already identified in the Otay Ranch Program
EIR 90-01. Further, the project does not increase the levels of impacts already identified in the
Otay Ranch Program EIR 90-01.
Land Use (Proiect and Cumulative): Implementation of the proposed project would contribute to
the conversion of undeveloped land throughout the Otay Ranch area to urban uses. The overall
loss of open space associated with the conversion of the proposed project SPA and TM, in
conjunction with buildout of the cumulative projects, would result in a significant, cumulative
and unmitigable impact.
Landform Alteration and Aesthetics (Proiect and Cumulative): Development of the proposed
project would contribute to an overall change in visual character of the region trom rural to an
urban setting. The overall loss of the rural setting associated with the development of the Project
would result in significant, direct and cumulative unmitigable impact.
Biological Resources (Cumulative): Development of the proposed project would result in
significant unmitigable impacts to regional raptor foraging areas. These impacts would be
directly related to implementation ofthe proposed SP A/TM.
Agricultural Resources (Cumulative): Development of the proposed project would contribute to
the loss of important agricultural lands throughout the Otay Ranch area. The combined
conversion of open space to developed land represents a significant, cumulative and unmitigable
impact.
On
,",....".."..._.._..~._u.....______.......
Page 5, Item:~
Meeting Date: 5/23/06
Traffic. Circulation. and Access (Cumulative); Significant un-mitigated impacts have been
identified for area freeways. Since the rreeway system is developed and managed by Caltrans,
the City has only limited ability to affect the level of congestion on these roadways, as such,
mitigation is not within the authority of the City ofChula Vista sufficient to avoid the cumulative
contribution to traffic on these roadways and the impact remains significant.
Air Oualitv (Proiect and Cumulative); Air pollutants will be generated during construction and
long-term operation of the project. Pollutants in the San Diego Air Basin exceed federal and state
standards, and the basin is therefore classified as non-attainment. The project's contribution to
regional air quality would represent an incremental increase in pollution, and is, therefore,
considered a significant cumulative impact. The regional impact of the proposed project cannot
be mitigated at the project level to a level ofless than significant.
Water Supplv and Facilities (Proiect and Cumulative); Significant unmitigated impacts have
been identified in the EIR relative to water supply for the project. The EIR concludes that water
supplies are available to meet demand for the San Diego region, including the proposed project,
under normal and dry-years over a 20-year horizon. Based on information rrom water service
providers (e.g., Metropolitan Water District of Southern California (MWD), San Diego County
Water Authority (SDCWA) and Otay Water District (OWD)), adequate water supplies are
available to meet the water demands of the project. However, as discussed in the EIR, the
SDCW A relies, in part, on water transfers and other agreements that are the subject of pending
litigation. Although all these agreements remain in effect despite pending litigation, it is possible
that the identified water supplies may not be available, or could be delayed or curtailed, due to
the pending litigation. Because of litigation uncertainties, the EIR concluded that a significant
unmitigated water supply impact would result, if the project were approved and if the litigation
in some way reduced otherwise available water supplies.
Significant and Mitigated to Less than Significant
Significant impacts were identified in the following environmental issue areas. Mitigation
measures required in the EIR would reduce the impacts to less than significant.
· Biological Resources (project)
· Geology/Soils (project and cumulative)
· Paleontological Resources (project and cumulative)
· Agricultural Resources (project)
· Water Resources and Water Quality (project and cumulative)
· Transportation, Circulation and Access (project)
· Cultural Resources (project and cumulative)
· Noise (project and cumulative)
· Sewer Service (project and cumulative)
· Law Enforcement (project and cumulative)
· Fire Protection (project and cumulative)
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Page 6, Item: /0
Meeting Date: 5/23/06
. Schools (project and cumulative)
. Library Services (project and cumulative)
. Parks and Recreation (project and cumulative)
. HazardslRisk of Upset (project and cumulative)
. Public Health and Safety (project and cumulative)
Less than Significant Impacts
Less than significant impacts were identified in the following environmental issue areas:
. Housing and Population (project and cumulative)
. GaslElectric Service (project and cumulative)
. Solid Waste (project and cumulative)
CONCLUSIONS:
At the time the Program EIR (90-01) was certified and adopted in October 1993, the City
Council and the County Board of Supervisors jointly determined that substantial social,
environmental and economic benefits of the Otay Ranch project outweighed the significant and
unmitigable impacts associated with the project and a Statement of Overriding Considerations
for the Otay Ranch project was approved. The proposed Villages Two, Three, and a portion of
Village Four SPAlTM do not result in impacts beyond what were identified in EIR (90-01).
All feasible mitigation measures with respect to project impacts for the Villages Two, Three, and
a portion of Village Four SPAlTM have been included in the Final EIR. As described above, the
project will result in unmitigable impacts that would remain significant after the application of
these measures; therefore, in order to approve the project, the City must adopt a Statement of
Overriding Considerations pursuant to CEQA Guidelines Sections 15043 and 15093 (see
Attachment 3, Findings of Fact and Statement of Overriding Considerations).
The City has examined a reasonable range of alternatives to the proposed project, other than the
proposed project described in the Final ErR. CEQA requires the examination of project
alternatives that could reduce or avoid significant impacts even if the alternatives would not
accomplish the project objectives. The EIR evaluated four alternatives: the No ProjectINo
Development Alternative, and three reduced intensity alternatives (A, B, and C). The ErR
identified the No ProjectINo Development and the Reduced Density Alternative "A" as the
environmentally superior alternatives, even though neither of these alternatives would meet the
project objectives (see Attachment 3, Findings of Fact and Statement of Overriding
Considerations).
The Final EIR meets the requirements of the California Environmental Quality Act (CEQA) and,
therefore, staff recommends that the Planning Commission and City Council find that the Final
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Page 7, Item: 10
Meeting Date: 5/23/06
EIR has been completed in compliance with CEQA and adopt the Draft Findings of Fact, and
MMRP attached to this staff report.
FISCAL IMPACT:
The preparation and processing of the ErR is covered by the applicant's deposit account.
Attachments
I. Planning Commission Minutes - April 19 , 2006
2. Final EIR 02-02
a. Comments and Responses
3. Findings of Fact and Statement of Overriding Considerations
J:\Planning\MARNmWillage 2, 3, PA 18B and V4 EIR\Hearings\Agnda Stmt.CC..doc
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TRANSCRIPT
PLANNING COMMISSION MEETING
April 19, 2006
6:40:14 PM Call to Order:
Members Present: Madrid, Felber, Bensoussan, Tripp
Members Absent: Nordstrom
1. PUBLIC HEARING: EIR 02-02; Close of public review of the Draft
Second Tier Environmental Impact Report for the
otay Ranch Villages Two three, and a portion of
Village Four Sectional Planning Area (SPA) Plan
and TM.
My name is Marni Borg, I'm the environmental project manager for the Village
2, 3 and a portion of 4 Second Tier EIR. This evening we are here to hold a
public hearing for the purpose of closing the public comment period for the
Village 2,3, and a portion of 4 Second Tier draft EIR. The public review
period of the draft EIR will terminate at the close of the public hearing this
evening. All comments received this evening, including those made by the
Planning Commission will be considered and addressed as part of the Final
EIR. The Village 2,3, and a portion of 4 Draft EIR contemplates the
development of 2,786 single and multi-family dwelling units, approximately 59
acres of public and community park acres, 264 acres of Industrial Use, 119
acres of Commercial Use, 386 acres of Open Space and Preserve, 10 acres
dedicated to an elementary school, 6.8 acres for Mixed-Use Development
and 16 acres for Community Purpose Facilities. The remainder of the project
area would be dedicated for circulation improvements.
The Draft EIR was circulated for a 45 day public review period beginning on
April 1st and tonight's hearing will mark the close of the public review period.
At this time, staff is requesting that comments be limited to issues related
specifically to the information presented in the draft EIR. Comments received
this evening will be responded to in writing in the Final EIR. A future public
hearing will be scheduled before the Planning Commission to consider the
project along with the Final EIR. Staff requests that any project-specific
questions be held until such meeting. No motion or vote by the Planning
Commission is necessary this evening. This concludes my presentation.
Vicki Madrid - Do we have any questions of staff. Seeing none, I'm going to
go ahead and open the public hearing and I see we have one request to
speak; Teresa Asaro.
Teresa Asaro . I'm Teresa Asaro at 3730 Festival Ct., Chula Vista. Again,
the Council is being asked to find overriding considerations for significant and
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unmitigatable impacts of air quality, land use, land use alterations, aesthetics,
regional "rafter foraging?", and...this is getting to be really old; all of these
unmitigated things. I'm particularly concerned about air quality and improving
it not being a high goal considering the number of asthma cases in Chula
Vista.
I'm also kind of concerned about this change in the conveyance schedule and
the comment in Appendix B that the City condemn 465 acres of Otay Land
Company's land for the applicant. Does this mean the City is paying the fair
market value of the land and whatever the court costs are for determining that
are, or is the applicant paying those costs.
Certainly the City has the right to condemn land for the university, which is the
ultimate purpose of this land, but it just doesn't seem right that the land is
condemned by the City and handed over to the applicant if he's using it for
Otay Land Mitigation because that kind of makes the whole concept of this
mitigation very suspect.
The public was led to believe that 1.18 acres of Otay Ranch would be
preserved in exchange for every acre developed as mitigation and we thought
that meant Open Space, or I certainly did when I was talking to Mayor
Horton's Aide way back ten years ago, that that's what he's talking about, but
it seems that these 1.18 acres includes infrastructure and active recreation,
and those are separate obligations developers should have and shouldn't be
included in land that's being preserved. The whole agreement came about
originally I thought because people were upset about losing all this Open
Space in Otay Ranch.
The whole deal, it seems, we were kind of misled back then, and if you're
going to make an amendment now, it seems that the amendment should be
made to make the whole deal more honest and above the board instead of
just the opposite. That would be by eliminating infrastructure and parks from
the ratio.
What's going to be done about the fact also that in Appendix B it shows that
the current owners own insufficient land designated to be preserved in
relation to the land designated to be developed than what the ratio calls for. I
think its important that the land which other have brought for preservation
should not be part of the ratio at all; if Fish and Wildlife bought it or Fish and
Game that that's outside of the ratio because the whole point here is
mitigation for development.
Now, I'm not sure how this is going to be handled and I think that needs to be
clarified probably sooner rather than later and this would be a good way to
mitigate for the loss of habitat and the unmitigatable destruction of land forms
and aesthetic among other things.
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Can I say one more concern I have and then I'll give it to you in writing.
Another concern is that there is no buffer zone between the housing in Village
2 and the Industrial and the current resource board has new guidelines out in
a handbook that require buffering from Industrial and Residential up to 800
feet actually from warehouses and things of that sort, and I think that should
be dealt with also. Thank you.
Vicki Madrid . Do we have any Commissioner.. . I'd like to go ahead and ... if
I close the public hearing, at this point I'm technically closing the entire
review. How about if I ask if there are any Commissioner deliberation that we
need to take at this point.
Marilyn Ponseggi. Chair Madrid, I'm sorry, could I just make a clarification
that as you've done in the past, if the Commission as a whole would like to
make a motion to make specific comments, then that needs to be made in the
form of a motion after you've had your discussion and a vote taken on that
motion and if not all of the Commission comments are picked up by that, you
can then make individual comments either in writing or orally after you've
made you motion and those will be picked up as individual comments vs.
Commission comments.
Vicki Madrid. Would it matter to you if we make those before I close the
public hearing or after.
MP - You should wait until after you close the public hearing because with
the close of the public hearing, the public review period ends. So you'll want
to close the public hearing at the end.
Vicki Madrid - So I will take the comments prior to the close. Cmr.
Bensoussan.
Cmr. Bensoussan - I'd like to hear staffs response to those issues raised
by Ms. Asaro because they were very interesting and I'd like to hear the
response to them.
MP . Cmr. Bensoussan what we would prefer to do would be to respond to
all of these comments in writing in the Final EIR. I think there was some
confusion in what is being proposed; the conveyance schedule, the
amendment is quite complex and I believe that we can adequately respond to
that in the Final EIR, but in order to have complete responses that everyone
that looks at the final EIR, has the ability to look at, we would prefer to take
your comments this evening and respond to them in writing in the Final EIR.
Cmr. Bensoussan - I might want to make a comment about those issues,
but I feel inadequately informed and I feel that the staff presentation was
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inadequate for me to feel comfortable even voting on this tonight and I would
particularly like to ask you about the buffer zone.
MP - What I would request that you would do, as we've had the discussion
before, the reason we don't give you a presentation on the project this
evening, is because this is really not the opportunity to comment on the
project. If you have concerns that an issues hasn't been adequately
addressed in the EIR; that's what this evening's hearing is for. I would say
that probably the best thing to do would be to provide a comment and then we
can respond to it.
I can tell you that in terms of the conveyance and that discussion; land that
has been conveyed, first of all has been paid for by the developers and put
into the conveyance and becomes part of the Otay Ranch Preserve. So
there's a little bit of confusion that I think would be much better if we could
respond to in writing in the Final EIR.
Cmr. Tripp - I just had two things that I wanted to disclose. I met with the
applicant yesterday for purposes of a briefing to acquaint myself with the
project and I was also informed that the City of San Diego owns an easement
within a portion of the property and I'm employed with the City of San Diego.
Vicki Madrid - Any other Commission comments? I'm going to go ahead and
close the public hearing and the public review period.
MP - If you're going to make comments as a Commission, you need to do
that prior to closing the public hearing.
Vmadrid - From what I understand, we don't have any more comments to
add to the review; is that correct.
Pbensoussan - I'm really confused by what we're doing tonight, I guess its
because this particular project has been going on for a long time before I
came to this Commission, so I haven't really gotten a handle on it and I'm just
not sure what we're doing tonight.
MP - What we're asking you to do this evening is to first of all take any public
oral comments on the EIR from members of the public who may not have
wished to write a comment letter. In addition, after your review of the EIR,
you feel there are things that have not been adequately covered, we'd like
you to bring that as a comment this evening to give us the opportunity to
respond to it. So its as if you were commenting on the EIR as if you were a
member of the public, we're just giving you the opportunity to do it orally
through this hearing this evening.
J. "
Pbensoussan - Well, then I would like to make a comment. The buffer
zone really bothers me and so I'd like to make a comment that the EIR would
be inadequate in terms of the buffer zones and impacts to the Preserve... 1
mean, not the Preserve; the impacts caused by the proximity between
Residential and Industrial. And I guess that would be an individual comment.
Vicki Madrid - Okay, I'll go ahead and if there not any more comments
regarding the EIR...Cmr. Tripp.
Cmr. Tripp - I was just curious as to whether or not Mr. Kilkenny or Ms.
Hunter have any additional information to help allay any concerns that any of
us may have.
Kim Kilkenny - Commissioners, I'm Kim Kilkenny with the Otay Ranch
Company. Just an observation; I sense some confusion. The public
comment period of the environmental review process is required by State law.
Most jurisdictions close that at a date certain automatically without a public
hearing. The City of Chula Vista requires that it be done in a public meeting
before the Planning Commission, and then, according to State law all of the
comments verbally received or written have to be responded to in writing and
incorporated in to the Final EIR, which is later presented to you in a public
hearing with a full staff report on the merits of the projects and the merits of
the hearing and there is discussion and debate at that point in time. So this is
just repeating what staff said that this is just closing the period allowing the
public to verbally comment on an EIR in a public hearing; most jurisdictions
don't do that; Chula Vista in an abundance of caution to give the public a
chance to speak instead of the burden of writing does that. Staff, as required
by State law wants the opportunity to respond in writing to make sure there is
consistency in all of their responses. I'd be happy to respond to any specific
question that you may have for me, but it's the responsibility of the public
agency to respond in writing to all of the comments. If there's any specific
question that was raised tonight that you'd want me to respond, I'd be happy
to; I don't want to avoid that opportunity; its just that this process is a little bit
confusing because Chula Vista has an unusual additional step that most
jurisdictions don't have.
Cmr. Tripp - Is that helpful Cmr. Bensoussan.
Cmr. Bensoussan - I understand the process; its clear; we're just closing
the public comment period and I have no problem with that. The issues that
were raised concern me enough that I was hoping to get some kind of
information because I thought they were important. The applicant doesn't
have any comments to make on those issues that were raised, so I'll just wait
til the next round read the comments from staff.
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MP - Commissioners, let me assure you that the comments that were raised
orally as well as the comments in the letter will all be responded to completely
in writing in the Final EIR, which you will have an opportunity to review prior to
the project coming to you.
Cmr. Felber - I'm ready to make a motion...
Cmr. Madrid - This item doesn't require a motion; unless you have another
comment to make.
Okay, I'm going to go ahead and close the public hearing and the public
review period for EIR 02-02.
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Attachment 2
Bound copy of Final ErR
(To be provided for CC distribution)
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ENVIRONMENTAL IMPACT REPORT
FOR THE
VILLAGES TWO, THREE, AND A PORTION OF FOUR
SECTIONAL PLANNING AREA PLAN
AND COMPOSITE TENTATIVE MAP
CEQA FINDINGS OF FACT
AND
STATEMENT OF OVERRIDING CONSIDERATIONS
May 2006
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TABLE OF CONTENTS
I. INTRODUCTION AND BACKGROUND 1
II. ACRONYMS 2
III. PROJECT DESCRIPTION 7
IV. BACKGROUND 10
V. RECORD OF PROCEEDINGS 11
VI. FINDINGS REQUIRED UNDER CEQA 12
VII. LEGAL EFFECTS OF FINDINGS 15
VIII. MITIGATION MONITORING PROGRAM 15
IX. SIGNIFICANT EFFECTS AND MITIGATION MEASURES 16
X. CUMULATIVE SIGNIFICANT EFFECTS AND MITIGATION MEASURES 68
XI. FEASIBILITY OF POTENTIAL PROJECT ALTERNATIVES 75
XII. STATEMENT OF OVERRIDING CONSIDERATIONS 87
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BEFORE THE CHULA VISTA CITY COUNCIL
RE: Villages Two, Three, and a portion of Four Sectional Planning Area Plan and Tentative
Maps Environmental Impact Report (EIR); SCH #2003091012; EIR #02-02.
FINDINGS OF FACT
I.
INTRODUCTION AND BACKGROUND
The Final Environmental Impact Report (Final EIR) prepared for the Villages Two, Three, and a
portion of Four Sectional Planning Area Plan and Composite Tentative Map (TM) project
addresses the potential environmental effects associated with implementation of the project. In
addition, the Final EIR evaluates four alternatives to the proposed project: the No Project
Alternative and three reduced development alternatives (Alternatives A, B, and C).
The Final EIR represents a second tier EIR, in accordance with CEQA Section 21094, and tiers
from the certified Program EIR prepared for the Otay Ranch General Development Plan (EIR
#90-01/SCH #89010154).
These findings have been prepared in accordance with requirements of the California
Environmental Quality Act (CEQA) (Pub. Resources Code, !i 21000 et seq.) and the CEQA
Guidelines (Cal. Code Regs., Title 14,!i 15000 et seq.).
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II.
ACRONYMS
MQS" means Ambient Air Quality Standards
"MSHTO" means American Association of State Highway and Transportation Officials
"AB" means Assembly Bill
"ADT" means average daily traffic
"AHP" means Affordable Housing Program
"ALUCP" means Airport Land Use Compatibility Plan
"AQIP" means Air Quality Improvement Plan
"APCD" means San Diego Air Pollution Control District
"AST" means aboveground storage tank
"BACT" means Best Available Control Technology
"BMPs" means best management practices
"BRT" means Bus Rapid Transit
"CaIEPA" means California Environmental Protection Agency
"Cal/OSHA" means California Occupational Safety and Health Administration
"Caltrans" means California Department of Transportation
"Calveno" means California Vehicle Noise Emission Levels
"CARB" means California Air Resources Board
"CDFG" means California Department of Fish and Game
"CDMG" means California Divisions of Mines and Geology
"CCM" means California Clean Air Act
"CCC" means California Coastal Commission
"CEC" means California Energy Commission
"CEQA" means California Environmental Quality Act
"CERCLlS" means Comprehensive Environmental Response. Compensation, and Liability
Information System
"CESA" means California Endangered Species Act
CGS" means California Geological Survey
CIP" means Capital Improvement Program
"City" means City of Chula Vista
CIWMB" means California Integrated Waste Management Board
CIWMP" means Countywide Integrated Waste Management Plan
"CMP" means Congestion Management Program
"CNEL" means community noise equivalent level
"COG" means council-of-governments
"COHWMP" means County Hazardous Waste Management Plan
"CO,' means Carbon Dioxide
"CPUC" means California Public Utilities Commission
"CRA" means Colorado River Aqueduct
"CVESD" means Chula Vista Elementary School District
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"CVT" means Chula Vista Transit
"CWA" means Clean Water Act
"dB(A)" means A-weighted decibels
"DEW means Department of Environmental Health
"DHS" means Department of Health Services.
"DIF" means Development Impact Fee
"DMG" means California Division of Mines and Geology
"DHS" means Department of Health Services
"DOE" means Department of Energy
"du/ac" means dwelling units per acre
"DTSC" means Department ofToxic Substances Control.
"EDUs" means Equivalent Dwelling Units.
"EIR" means environmental impact report.
"EPA" means Environmental Protection Agency.
"ERNS" means Emergency Response Notification System.
"ESL" means English as a Second Language.
"FARs" means floor area ratios.
"Fed/OSHA" means Federal Occupational Safety and Health Administration.
"FEMA" means Federal Emergency Management Agency.
"FESA" means Federal Endangered Species Act.
"FHWA" means Federal Highway Administration.
"FIRM" means Flood Insurance Rate Maps.
"FMMP" means Farmland Mapping and Monitoring Program.
"GED" means General Education Development.
"GDP" means General Development Plan.
"GMOC" means Growth Management Oversight Committee.
"gpd" means gallons per day.
"GPS" means global positioning system.
"GSF" means gross square feet.
"HABS" means Historic American Building Survey.
"HCD" means Housing and Community Development.
"HCM" means Highway Capacity Manual
"HUT" means Habitat Loss and Incidental Take
"HWCL" means Hazardous Waste Control Law
"IA" means Implementing Agreement
"ICLEI" means International Council of Local Environmental Initiatives
"110" means Imperial Irrigation District
"IRP" means Integrated Water Resources Plan, 2003 Update
"IWMA" means California Integrated Waste Management Act
"JEPA" means Joint Exercise of Powers Authority
"JURMP" means Jurisdictional Urban Runoff Management Program
"LAC" means Local Assessment Committee
"LCP" means Local Coastal Program
3
"LEA" means Local Enforcement Agency
"LEED" means Leadership in Energy and Environmental Design
"Lm.," means maximum noise level
"LMV" means low-medium village
"LOMA" means Letter of Map Amendment
"LOMR-F" means Letter of Map Revision-Based on Fill
"LOS" means level of service
"LRT" means Light Rail Transit
"LUST" means Leaking Underground Storage Tanks
"LUSTIS" means Leaking Underground Storage Tanks Information System
"LUT" means Land Use and Transportation Element
"MEP" means maximum extent practicable
"METRO" means Metropolitan Wastewater System
"mgd" means million gallons per day
"MHPA" means Multi-Habitat Planning Area
"MITC" means Multi-Institutional Teaching Center
"MSCP" means Multiple Species Conservation Program
"MSL" means mean sea level
"MW means megawatt
"MWD" means Metropolitan Water District of Southern California
"NAAQS" means national ambient air quality standards
"NCCP" means Natural Communities Conservation Planning Act
"NDFE" means Non-Disposal Facility Element
"NEIC" means National Earthquake Information Center
"NFA" means No Further Action
"NOP" means Notice of Preparation
"NOx" means nitrogen oxides
"NPDES" means National Pollutant Discharge Elimination System
"NPL" means National Priorities List
"NWR" means National Wildlife Refuge
"OVRP" means Otay Valley Regional Park
"OVT" means Otay Valley Trunk
"OWD" means Otay Water District
"PCC" means Portland cement concrete
"PFDIF" means Public Facilities Development Impact Fee
"PFFP" means Public Facilities Financing Plan
"PLDO" means Park Land Dedication Ordinance
"PM'5" means 2.5-micron particulate matter
"PM1O" mans 10-micron particulate matter
"ppm" means parts per million
"QSA" means Quantification Settlement Agreement
"RAP" means Remedial Action Plan
"RAQS" means Regional Air Quality Standards
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"RCC" means Resource Conservation Commission
"RCP" means Regional Comprehensive Plan
"RCRA" means Resource Conservation and Recovery Act
"RHB" means Radiological Health Branch
"RMP" means Resource Management Plan
"ROWs" means right-of-ways
"RTP" means Regional Transportation Plan
"RTIP" means Regional Transportation Improvement Program
"RTV" means Regional Transit Vision
"RWQCB" means Regional Water Quality Control Boards
"SANTEC/ITE" means San Diego Traffic Engineering Councilllnstitute of Transportation
Engineers.
"SBPP" means South Bay Power Plant
"SBWRP" means South Bay Water Reclamation Plant
"SCAQMD" means South Coast Air Quality Management District
"SDAB" means San Diego Air Basin
"SDCWA" means San Diego County Water Authority
"SDG&E" means San Diego Gas & Electric Company
"SDREO" means San Diego Regional Energy Office
"SDWA" means Safe Drinking Water Act
"SEIR" means Subsequent Environmental Impact Report
"SEL" means sound exposure level
"SFHA" means Special Flood Hazard Area
"SIP" means State Implementation Plan
"SLlC" means Spills, Leaks, Investigation and Cleanup
"SMARA" means Surface Mining and Reclamation Act
"SMGB" means State Mining and Geology Board
"SoCaIGas" means Southern California Gas Company
"Sax" means sulfur oxides
"SPA" means Sectional Planning Area
"SPL" means sound pressure level
"SRP" means Subregional Plan
"SRRE" means Source Reduction and Recycling Element
"SUHSD" means Sweetwater Union High School District
"SUSMP" means Standard Urban Stormwater Mitigation Plan
"SVOCs" means semi-volatile organic compounds
"SWIS" means Solid Waste Information System
"SWP" means State Water Project
"SWPPP" means storm water pollution prevention plan
"SWRCB" means State Water Resources Control Board
"TACs" means Toxic Air Contaminants
"TAl" means traffic analysis zones
"TC" means Town Center
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"TCM" means transportation control measures
"TDIF" means Transportation Development Impact Fee
"TDM" means Transportation Demand Management
"THI" means Total Health Hazards Index
"TRIS" means Toxic Release Inventory System
"TSM" means Transportation Systems Management
"URMPs" means Urban Runoff Management Plans
"USACE" means U.S. Army Corps of Engineers
"USGS" means United States Geological Survey
"USFWS" means U.S. Fish and Wildlife Service
"UST" means Underground Storage Tank
"VMT" means vehicle miles of travel
"VOCs" means volatile organic compounds
"WCP" means Water Conservation Plan
"WDR" means Waste Discharge Requirements
"WTP" means Water Treatment Plant
"WURMP" means Watershed Urban Runoff Management Program
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III.
PROJECT DESCRIPTION
The Villages Two, Three, and a portion of Four SPA Plan project presents a plan of
development for the Otay Ranch Investments, LLC, Otay Project, LP, the Stephen and Mary
Birch Foundation, and the Flat Rock Company ownerships within Villages Two, Three, and a
portion of Four of the Otay Ranch GDP area (SPA Plan). The SPA Plan allows for a total of 986
single-family dwelling units and 1,800 multi-family dwelling units. A minimum of 10 percent of
the total dwelling units within the SPA Plan will provide housing for low and moderate-income
households. Other land uses designated by the SPA Plan include an elementary school, a high
school, public park, community purpose facilities, open space, and roadways. The SPA Plan is
consistent with and implements the Otay Ranch GDP.
The land uses proposed in the SPA Plan include development of 2,786 dwelling units (986
single-family and 1,800 multi-family mixed-use units) on approximately 335.1 acres, three
industrial areas on 87.9 acres within Village Two and a 176.5-acre business park within Village
Three. The remaining 587.8 acres would be developed with non-residential uses, including
community purpose facilities, schools, public parks, commercial uses, open space, two
pedestrian bridges, and circulation rights-of-way. The proposed project includes a Composite
Tentative Map (Composite TM) for the development within Village Two and the park in a portion
of Village Four. The actual development of the other portions of the project will require the
future approval of TMs and grading plans for the allowable uses.
The action to which this EIR applies is approval of the SPA Plan and the Composite TM for
Village Two and the park located within Village Four. The SPA Plan also includes off-site
infrastructure improvements, which are needed to serve the proposed development within the
project site. In approving the proposed project, the City would allow for development of the
project site in accordance with the General Plan and Otay Ranch GDP goals and policies.
DISCRETIONARY ACTIONS
The discretionary actions to be taken by the City Council of the City of Chula Vista (City) include
the following:
. General Plan Amendments;
. Otay Ranch GDP Amendments;
. Adoption of the SPA Plan and associated documents of the SPA Plan;
. Phase One and Two RMP Amendments;
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. City of Chula Vista MSCP Boundary Adjustment; and
. Tentative Subdivision Map.
In addition, this EIR will be used by other responsible agencies to implement the proposed
project. Actions required by other agencies are discussed in Section 3.6.2 of the Draft EIR.
The City Council will also determine whether the Final EIR is complete and in compliance with
CEQA and the CEQA Guidelines as part of the certification process.
The City of Chula Vista is the lead agency and has discretionary approval authority for all the
actions pertaining to the SPA Plan and Composite TM sought by the project applicants: Otay
Ranch Investments, LLC, Otay Project, LP, the Stephen and Mary Birch Foundation, and the
Flat Rock Company. The Final EIR is intended to satisfy CEQA requirements for environmental
review of those actions.
PROJECT GOALS AND OBJECTIVES
As specified in the Final EIR, the objectives of this project include:
. Establish a pedestrian and transit-oriented village with an intense urban core to reduce
reliance on the automobile and promote walking and the use of bicycles, buses, and
regional transit.
. Promote synergistic uses between the SPA area and the neighborhoods of adjacent Otay
Ranch Villages to balance activities, services, and facilities.
. Implement the goals, objectives, and policies of the adopted Chula Vista General Plan, and
particularly, the Otay Ranch GDP, the Otay Ranch Phase 1 and Phase 2 RMP, the Otay
Ranch Facility Implementation Plan, the Otay Ranch Village Phasing Plan, and the Otay
Ranch Service/Revenue Plan.
. Implement Chula Vista's Growth Management Ordinance to ensure that public facilities are
provided in a timely manner and financed by the parties creating the demand for, and
benefiting from, the improvements.
. Foster development patterns that promote orderly growth and prevent urban sprawl.
. Develop, maintain, and enhance a sense of community identity.
. Establish a pedestrian-oriented village with an intense urban core to reduce reliance on the
automobile and promote walking, and use of bicycles, buses, and regional transit.
8
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. Promote synergistic uses between the SPA area and the neighborhoods of adjacent Otay
Ranch villages to balance activities, services, and facilities.
. Accentuate the relationship of the land plan with its natural setting and the physical
character of the region, and promote effective management of natural resources by
concentrating development into less sensitive areas, while preserving large contiguous open
space areas with sensitive resources.
. Add to the creation of a unique Otay Ranch image and identify which differentiates Otay
Ranch from other communities.
. Wisely manage limited natural resources.
. Establish a land use and facility plan that assures the viability of the SPA Plan area in
consideration of existing and anticipated economic conditions.
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IV.
BACKGROUND
Villages Two and Three and a portion of Village Four are a part of the 11 urban villages in the
Otay Ranch GDP/SRP, which was adopted by the City and County of San Diego (County) on
October 28, 1993, after an extensive planning and environmental review process. The Otay
Ranch is a master-planned community encompassing approximately 23,000 acres and includes
a broad range of residential, commercial, retail, and industrial development. Civic and
community uses-such as libraries, parks, and schools-and about 11,375 acres preserved as
open space are also part of the Otay Ranch community. Each village is based on the "village
concept" that blends multi-family homes and shops with parks, schools, and civic activities in a
core area within each Village. The Village Core would be surrounded by single-family homes in
secondary areas. All are tied together by pedestrian facilities.
Both the City and County adopted the Otay Ranch GDP/SRP. In the City, the document is a
General Development Plan under Section 19.48 of the Chula Vista Municipal Code. In the
County, the document is a Subregional Plan. The Otay Ranch GDP/SRP establishes goals and
objectives for the development of the Otay Ranch. As part of the review and approval process
for the Otay Ranch GDP/SRP, a Program EIR was prepared and certified by both the City and
the County. The only difference in the two adoptions was the plans for Village Three. The City
planned Village Three for Industrial land uses while the County SRP called for a residential
village.
In March of 1997, the City annexed 9,100 acres of the Otay Valley Parcel to the City. As part of
the annexation, the City entered into an agreement with the County of San Diego that
established the Otay Landfill Buffer 1,000 feet around the operating part of the Otay Landfill and
changed the General Plan and Otay Ranch GDP to the nonresidential Industrial designation.
This designation was applied to portions of Village Two and Two West within the 1 ,ODD-foot
buffer. No changes in Village Three were necessary since the village was already planned for
industrial land uses within the city.
Under the implementation program for the Otay Ranch GDP/SRP, SPA Plans are required to be
approved before final development entitlements can be considered. The proposed SPA Plan for
Villages Two and Three and a portion of Village Four will further refine the development
standards, land plans, goals, objectives, and policies of the adopted Otay Ranch GDP/SRP.
The proposed SPA Plan is provided as required by the Otay Ranch GDP and pursuant to Title
19, Zoning, of the Chula Vista Municipal Code,
10
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v.
RECORD OF PROCEEDINGS
For purposes of CEQA and the findings set forth below, the administrative record of the City
Council decision on the environmental analysis of this project shall consist of the following:
. The Notice of Preparation and all other public notices issued by the City in conjunction
with the project;
. The Draft and Final EIR for the project (EIR #04-06), including appendices and technical
reports;
. All comments submitted by agencies or members of the public during the public
comment period on the Draft EIR;
. All reports, studies, memoranda, maps, staff reports, or other planning documents
relating to the proposed project prepared by the City, consultants to the City, or
responsible or trustee agencies with respect to the City's compliance with the
requirements of CEQA and the City's actions on the proposed project;
. All documents, comments, and correspondence submitted by members of the public and
public agencies in connection with this project, in addition to comments on the EIR for
the project;
. All documents submitted to the City by other public agencies or members of the public in
connection with the EIR, up through the close of the public hearing;
. Minutes and verbatim transcripts of all workshops, the scoping meeting, other public
meetings, and public hearings held by the City, or videotapes where transcripts are not
available or adequate;
. Any documentary or other evidence submitted at workshops, public meetings, and public
hearings for this project;
. All findings and resolutions adopted by City decision makers in connection with this
project, and all documents cited or referred to therein; and
. Matters of common knowledge to the City, which the members of the City Council
considered regarding this project, including federal, state, and local laws and
regulations, and including but not limited to the following:
. Chula Vista General Plan;
11
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. Relevant portions of the Zoning Code of the City;
. Otay Ranch General Development Plan (GDP);
. Otay Ranch Resource Management Plan (RMP);
. City of Chula Vista Multiple Species Conservation Program Subarea Plan;
. Otay Ranch GDPISRP Final EIR (EIR #90-01; SCH No. 89010154); and
. Any other materials required to be in the record of proceedings by Public Resources
Code section 21167.6, subdivision (e).
The custodian of the documents comprising the record of proceedings is Susan Bigelow, Clerk
to the City Council, whose office is located at 276 Fourth Avenue, Chula Vista, California 91910.
The City Council has relied on all of the documents listed above in reaching its decision on the
proposed project, even if every document was not formally presented to the City Council or City
Staff as part of the City files generated in connection with the project. Without exception, any
documents set forth above but not found in the project files fall into two categories. Many of
them reflect prior planning or legislative decisions with which the City Council was aware in
approving the project (see City of Santa Cruz v. Local Agency Formation Commission (1978) 76
Cal.App.3d 381, 391-392 [142 Cal.Rptr. 873]; Dominey v. Department of Personnel
Administration (1988)205 Cal.App.3d 729, 738, fn. 6 [252 Cal. Rptr. 620]. Other documents
influenced the expert advice provided to City Staff or consultants, who then provided advice to
the City Council. For that reason, such documents form part of the underlying factual basis for
the City Council's decisions relating to the adoption of the SPA Plan (see Pub. Resources Code,
section 21167.6, subd. (e)(10); Browing-Ferris Industries v. City Council of City of San Jose
(1986) 181 Cal. App.3d 852, 866 [226 Cal.Rptr. 575]; Stanislaus Audubon Society, Inc. v.
County of Stanislaus (1995) 33 Cal.App.4th 144, 153, 155 [39 Cal.Rptr.2d 54]).
VI.
FINDINGS REQUIRED UNDER CEQA
Public Resources Code section 21002 provides that "public agencies should not approve
projects as proposed if there are feasible alternatives or feasible mitigation measures available
which would substantially lessen the significant environmental effects of such projects."
(Emphasis added.) The same statute states that the procedures required by CEQA "are
intended to assist public agencies in systematically identifying both the significant effects of
proposed projects and the feasible alternatives or feasible mitigation measures which will avoid
12
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or substantially lessen such significant effects" (emphasis added). Section 21002 goes on to
state that "in the event [that] specific economic, social, or other conditions make infeasible such
project alternatives or such mitigation measures, individual projects may be approved in spite of
one or more significant effects."
The mandate and principles announced in Public Resources Code section 21002 are
implemented, in part, through the requirement that agencies must adopt findings before
approving projects for which EIRs are required (see Pub. Resources Code, 9 21081, subd. (a);
CEQA Guidelines, 9 15091, subd. (a)). For each significant environmental effect identified in an
EIR for a proposed project, the approving agency must issue a written finding reaching one or
more of three permissible conclusions. The first such finding is that "[c]hanges or alterations
have been required in, or incorporated into, the project which avoid or substantially lessen the
significant environmental effect as identified in the final EIR" (CEQA Guidelines, 9 15091, subd.
(a)(1 )). The second permissible finding is that "[s]uch changes or alterations are within the
responsibility and jurisdiction of another public agency and not the agency making the finding.
Such changes have been adopted by such other agency or can and should be adopted by such
other agency" (CEQA Guidelines, 9 15091, subd. (a)(2)). The third potential finding is that
"[s]pecific economic, legal, social, technological, or other considerations, including provision of
employment opportunities for highly trained workers, make infeasible the mitigation measures or
project alternatives identified in the final EIR" (CEQA Guidelines, 9 15091, subd. (a)(3)). Public
Resources Code section 21061.1 defines "feasible" to mean "capable of being accomplished in
a successful manner within a reasonable period of time, taking into account economic,
environmental, social and technological factors." CEQA Guidelines section 15364 adds another
factor: "legal" considerations (see also Citizens of Goleta Valley v. Board of Supervisors (1990)
52 Cal.3d 553, 565 [276 Cal.Rptr. 410]).
The concept of "feasibility" also encompasses the question of whether a particular alternative or
mitigation measure promotes the underlying goals and objectives of a project (see City of Del
Mar v. City of San Diego (1982) 133 Cal.App.3d 410, 417 ['83 Cal.Rptr. 898]). "'[F]easibility'
under CEQA encompasses 'desirability' to the extent that desirability is based on a reasonable
balancing of the relevant economic, environmental, social, and technological factors" (Ibid.; see
also Sequoyah Hills Homeowners Assn. v. City of Oakland (1993) 23 Cal.App.4th 704, 715 [29
Cal.Rptr.2d 182]).
The CEQA Guidelines do not define the difference between "avoiding" a significant
environmental effect and merely "substantially lessening" such an effect. The City must
therefore glean the meaning of these terms from the other contexts in which the terms are used.
Public Resources Code section 21081, on which CEQA Guidelines section 15091 is based,
uses the term "mitigate" rather than "substantially lessen." The CEQA Guidelines therefore
equate "mitigating" with "substantially lessening." Such an understanding of the statutory term
is consistent with the policies underlying CEQA, which include the policy that "public agencies
should not approve projects as proposed if there are feasible alternatives or feasible mitigation
13
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measures available which would substantially lessen the significant environmental effects of
such projects" (Pub. Resources Code, ~ 21002).
For purposes of these findings, the term "avoid" refers to the effectiveness of one or more
mitigation measures to reduce an otherwise significant effect to a less than significant level. In
contrast, the term "substantially lessen" refers to the effectiveness of such measure or
measures to substantially reduce the severity of a significant effect, but not to reduce that effect
to a less than significant level. These interpretations appear to be mandated by the holding in
Laurel Hills Homeowners Association v. City Council (1978) 83 Cal.App.3d 515, 519-527 [147
Cal.Rptr. 842], in which the Court of Appeal held that an agency had satisfied its obligation to
substantially lessen or avoid significant effects by adopting numerous mitigation measures, not
all of which rendered the significant impacts in question less than significant.
Although CEOA Guidelines section 15091 requires only that approving agencies specify that a
particular significant effect is "avoid[ed] or substantially lessen[ed]," these findings, for purposes
of clarity, in each case will specify whether the effect in question has been reduced to a less
than significant level or has simply been substantially lessened but remains significant.
Moreover, although section 15091, read literally, does not require findings to address
environmental effects that an EIR identifies as merely "potentially significant," these findings will
nevertheless fully account for all such effects identified in the Final EIR (FEIR).
In short, CEOA requires that the lead agency adopt mitigation measures or alternatives, where
feasible, to substantially lessen or avoid significant environmental impacts that would otherwise
occur. Project modifications or alternatives are not required, however, where such changes are
infeasible or where the responsibility for modifying the project lies with some other agency
(CEOA Guidelines, ~ 15091, subd. (a), (b)).
With respect to a project for which significant impacts are not avoided or substantially lessened
either through the adoption of feasible mitigation measures or a feasible environmentally
superior alternative, a public agency, after adopting proper findings, may nevertheless approve
the project if the agency first adopts a statement of overriding considerations setting forth the
specific reasons why the agency found that the project's "benefits" rendered "acceptable" its
"unavoidable adverse environmental effects" (CEOA Guidelines, ~~ 15093, 15043, subd. (b);
see also Pub. Resources Code, ~ 21081, subd. (b)). The California Supreme Court has stated
thai, "[t]he wisdom of approving. . . any development project, a delicate task which requires a
balancing of interests, is necessarily left to the sound discretion of the local officials and their
constituents who are responsible for such decisions. The law as we interpret and apply it simply
requires that those decisions be informed, and therefore balanced" (Goleta, supra, 52 Cal.3d
553, 576).
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VII.
LEGAL EFFECTS OF FINDINGS
To the extent that these findings conclude that proposed mitigation measures outlined in the
EIR are feasible and have not been modified, superseded or withdrawn, the City (or "decision
makers") hereby binds itself and any other responsible parties, including the applicant and its
successors in interest (hereinafter referred to as "Applicant"), to implement those measures.
These findings, in other words, are not merely informational or hortatory, but constitute a binding
set of obligations that will come into effect when the City adopts the resolution(s) approving the
project.
The adopted mitigation measures are express conditions of approval. Other requirements are
referenced in the mitigation monitoring reporting program adopted concurrently with these
findings and will be effectuated through the process of implementing the project.
The mitigation measures are referenced in the mitigation monitoring and reporting program
adopted concurrently with these findings, and will be effectuated both through the process of
implementing the Otay Ranch GDP and through the process of constructing and implementing
the proposed project.
VIII.
MITIGATION MONITORING PROGRAM
As required by Public Resources Code section 21081.6, subd. (a)(1), the City, in adopting these
findings, also concurrently adopts a mitigation monitoring and reporting program (MMRP) as
prepared by the environmental consultant under the direction of the City. The program is
designed to ensure that during project implementation, the applicant and any other responsible
parties comply with the feasible mitigation measures identified below. The program is described
in the document entitled Villages Two, Three, and a portion of Four SPA Plan Mitigation
Monitoring Reporting Program. The City will use the MMRP to track compliance with project
mitigation measures. The MMRP will be available for public review during the compliance
period.
The monitoring program is dynamic in that it will undergo changes as additional mitigation
measures are identified and additional conditions of approval are placed on the project
throughout the project approval process. The monitoring program will serve as a dual purpose
of verifying completion of the mitigation measures for the proposed project and generating
information on the effectiveness of the mitigation measures to guide future decisions. The
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program includes monitoring team qualifications, specific monitoring activities, a reporting
system, and criteria for evaluating the success of the mitigation measures.
IX.
SIGNIFICANT EFFECTS AND MITIGATION MEASURES
SUMMARY OF EFFECTS
The Final EIR identified a number of direct and indirect significant environmental effects (or
"impacts") resulting from the proposed project. Some of these significant effects can be fully
avoided through the adoption of feasible mitigation measures. Others cannot be fully mitigated
or avoided by the adoption of feasible mitigation measures or feasible environmentally superior
alternatives. However. these effects are outweighed by overriding considerations set forth in
Section XII below. This Section (IX) presents in greater detail the City Council's findings with
respect to the environmental effects of the project.
The project will result in significant environmental changes with regard to the following issues:
land use; landform alteration/aesthetics; biological resources; cultural resources; geology and
soils; paleontological resources; agricultural resources; housing and population; water
resources and water quality; traffic, circulation and access; air quality; noise; and utilities and
public services (potable water, recycled water, sewer, integrated waste management, law
enforcement, fire protection and emergency medical services, schools, library service, and
parks and recreation) and hazards/risk of upset. These significant environmental changes or
impacts are discussed in the Draft EIR in Table 1-2, pages 1-11 through 1-35, and Chapter 5,
Environmental Impact Analysis, pages 5.1-1 through 5.14-360. No significant effects were
identified for mineral resources and gas and electricity services. The proposed project will result
in significant unmitigable impacts to land use, agricultural resources, air quality, landform
alterations/aesthetics, biological resources, and water supply.
Land Use
Implementation of the proposed SPA Plan and Composite TM will result a significant change in
character of the site from undeveloped to urban uses. The overall change in the character and
use of the site from rural agricultural to urban will have a significant cumulative land use impact
as identified in the GDP Program EIR (EIR #90-01).
Landform Alteration/Aesthetics
While the proposed SPA Plan would be in accordance with the adopted Otay Ranch GDP and
consistent with adjacent and planned development, a significant visual character and landform
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impact would result from implementation of the proposed SPA Plan and Composite TM.
Development of the SPA Plan and the Composite TM permanently alter the natural landform of
the site, through grading, resulting in a significant impact. Implementation of the SPA Plan
would have a significant impact resulting from field lighting and general illumination at the high
school stadium and baseball field.
Biological Resources
The proposed SPA Plan and Composite TM would have a substantial adverse effect, both
directly and through habitat modifications, on species identified as candidate, sensitive, and
special status species in the Otay Ranch RMP, the City's Subarea Plan, and by CDFG and
USFWS. The project would have a substantial adverse effect on riparian habitats and other
sensitive natural communities identified in the Otay Ranch RMP, the City's Subarea Plan, and
by CDFG and USFWS. The project would have a substantial adverse effect on federally
protected wetlands, as defined by Section 404 of the Clean Water Act, including jurisdictional
waters and vernal pools.
Cultural Resources
One historic archaeological site was identified within the proposed project site. This site has
been tested and determined to be not significant under CEQA; therefore, the project will not
result in direct or cumulatively significant impacts to archaeological resources that have been
identified as significant. However, the proposed project could result in significant impacts to
unknown important subsurface archaeological materials that may be encountered during
grading and excavation activities for the project.
Geology and Soils
Potentially significant construction-related direct impacts to geology and soils at the site will
result from the presence of compressible and expansive soils and the potential for settlement
and landslides to occur. Additionally, the current conceptual design would require mass grading
above portions of the tunnel that contains the San Diego waterline. Impacts resulting from the
grading above portions of the waterline would be eliminated if the waterline were relocated.
Paleontological Resources
Grading activities associated with the development of the proposed SPA Plan and Composite
TM may directly impact fossils and other paleontological resources potentially buried in the Otay
formation, Sweetwater Formation, and San Diego Formation.
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Agricultural Resources
The proposed project will result in the direct loss of Farmland of Local Importance and Grazing
Land to urban uses. The loss of agricultural land and land suitable for the production of crops
associated with the project will also contribute to the cumulatively significant impact identified in
the GDP Program EIR (EIR #90-01) due to the incremental and irreversible loss or impairment
of such agricultural resources.
Water Resources and Water Quality
Project implementation will introduce landscaping, impermeable surfaces, and urban activities to
undeveloped land, as well as new pollutant sources, such as automobiles and household
products, which will result in significant long-term, direct and cumulative impacts. Impermeable
surfaces will decrease the amount of infiltration occurring at the project site and will lead to
increased runoff rates and the potential for pollutants to be introduced to water sources.
Traffic, Circulation, and Access
Absent mitigation, approval of the project will result in significant direct impacts to traffic at the
intersections identified in the Draft EIR, Table 5.10-14. In addition, the Draft EIR, Table 5.10-15,
summarizes the significant street segment impacts of the project. The project also will
contribute to significant cumulative traffic impacts on 1-805. In addition, access-related impacts
would occur if appropriate lane configurations are not provided at the project driveways.
Air Quality
The proposed project will result in temporary and long-term cumulative air quality impacts, as
stated in the Draft EIR, page 5-263. The proposed project is not consistent with the growth
projections of the local regional air quality plan which is considered a significant impact.
Construction and grading activities will result in temporary emissions from equipment exhaust
emissions and short-term fugitive dust impacts. Operation of the project will result in long-term
direct and cumulative emissions from project-related vehicular trips. Once the project area is
built out, the project will contribute to long-term cumulative operational emissions, primarily from
vehicle emissions that will exceed SCAQMD thresholds. The GDP Program EIR (EIR #90-01)
identified significant direct and cumulative impacts on regional air quality from build out of the
Otay Ranch.
Noise
Construction activities would create short-term noise increases near construction areas.
Additionally, traffic-generated noise along Olympic Parkway, Birch Road, La Media Road,
Heritage Road, and several internal streets will cause a significant direct noise impact on
proposed residential uses within the project area. Noise levels from active uses associated with
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the high school stadium and the proposed community park, and from traffic noise from the
industrial uses may exceed noise level standards and impact the adjacent residential uses.
Utilities and Public Services
Potable Water/Recvcled Water: The projected water demand could result in significant direct
impacts on water service, if water facilities to serve the project are not constructed prior to
demand. The WSAV Report indicated that the increase in water demand is consistent with the
projected water demand included in the OWD 2000 UWMP and the WRMP. The same finding
can also be made under the OWD 2005 UWMP. The WSAV Report relied on water supply
forecasts based on the projected potable water demands supplied with imported water received
from SDCWA. However, as discussed above, the SDCWA relies in part on the 110 water transfer
and other agreements that are being challenged in court. As a result, the assumption that the
110 water transfer and other agreements will be available is questionable due to litigation
uncertainty, and it is possible that the identified water supplies may not be available as
anticipated, despite the urban water management planning conducted by MWD, SDCWA, and
OWD. If the litigation were to invalidate identified and available water supplies, a significant
water supply impact would result.
Recvcled Water/Sewer: The proposed project would result in an incremental increase in the use
of recycled water and place additional demands on water storage and pumping facilities. The
increase in use of recycled water has been planned for by the OWD and will not have a
significant impact. However, the impact to recycled water storage and distribution facilities
would be significant if construction of new facilities does not coincide with the development
phasing of the proposed SPA Plan outlines in the project's PFFP.
Development of the proposed SPA Plan and Composite TM would result in an increase in
sewage generation. There is sufficient capacity in the Poggi Canyon and Wolf Canyon/Salt
Creek Interceptors to accommodate the proposed SPA Plan. The Poggi Canyon Interceptor
would adequately serve the Village Four community park on an interim basis.
The southerly portion of Village Two and Village Three cannot be developed until completion of
the Heritage Road sewer line and connection to the Wolf Canyon/Salt Creek Interceptor.
Law Enforcement: The proposed project will result in significant direct impacts to law
enforcement due to the increase in calls for service and the additional travel time required to
answer these calls.
The Chula Vista Fire Department does not currently meet the threshold standard for response
time for the City, including the Otay Ranch community. However, as population growth in the
service area warrants, fire stations would be constructed within Village Nine of the Otay Valley
parcel and within Village Thirteen of the Proctor Valley parcel. These stations would help ensure
adequate service within the requirements of the GMOC threshold standards. Impacts to fire and
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emergency medical services would be significant if construction of these facilities does not
coincide with the project's anticipated population growth and increased demand for services.
Schools: Project implementation would result in a significant impact to schools unless
construction of facilities coincides with student generation and associated service demands.
Librarv: A significant impact would result from the development of the proposed SPA Plan and
the Composite TM if construction of new library facilities and provision of additional documents
does not coincide with project implementation and associated population growth.
Hazards/Risk of UDset: The project will result in a direct impact to public health and safety due
to soil contamination at the project site.
Parks and Recreation: Project implementation of the proposed SPA Plan and the Composite TM
would generate increased demand for parks and recreation facilities. A significant impact could
result if dedication of parkland and construction of new facilities does not coincide with project
implementation and project population growth.
Hazards/Risk of Upset
There is a potential for agriculturally developed portions of Village Three to be impacted by
residual agricultural, including soil augmenting and chemicals. Elevated levels of organochlorine
pesticides were present in the soils at the Village Four site. Soil samples taken form the Village
Four Community Park site exhibited concentrations of toxaphene exceeding one-quarter of the
residential PRGs. Concentrations of OCPs exceeding residential PRGs are generally limited to
the upper two feet of soil. The concentrations of the pesticides in the soils at the Village Four
Community Park Site would be considered a significant risk to public safety.
DETAILED ISSUES DISCUSSION
Landform Alteration/Aesthetics
Thresholds of Sianificance:
Threshold 1: Have a substantial adverse effect on a scenic vista;
Threshold 2: Substantially degrade scenic resources, including but not limited to trees, rock
outcroppings, or historic buildings within a state scenic highway;
Threshold 3: Substantially degrade the existing visual character or quality of the site and its
surroundings;
Threshold 4: Create a new source of substantial light or glare which would adversely affect
day- or nighttime views in the area.
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,
The Otay Ranch GDP Program EIR found that implementation of the Otay Ranch GDP would
result in significant unmitigable impacts to landform/visual resources. This EIR tiers from the
Otay Ranch GDP Program EIR; therefore, significant impacts may result if the proposed SPA
Plan would:
Threshold 5: Alter areas of sensitive landforms; and
Threshold 6: Grade steep slopes that may be visible from future development and roadways.
Impact: Create a new source of substantial light or .glare which would adversely affect
day- or nighttime views in the area.
Implementation of the proposed SPA Plan would have a direct, significant impact resulting from
field lighting and general illumination at the high school stadium and baseball field (Section 5.2,
pages 5-63 through 5-64).
Explanation:
Development of the proposed SPA Plan and the Composite TM would result in long-term direct
potentially significant nighttime view impacts. The proposed project would contribute only a
minor change to night-sky illumination. The proposed SPA Plan includes lighting performance
standards to address the proposed project's contribution to nighttime lighting. Currently, the
proposed project site and vicinity are exposed to nighttime lighting from Villages One, Five, and
parts of Six to the north and northeast of the project site. Village Seven is under construction to
the east, and night lighting would also occur from this village once fully developed.
In addition, the proposed community park in Village Four would include uses that would require
court lighting at night. Sport field and court lighting would be in operation from 6:30 P.M. to 10:30
P.M. seven days a week. During winter months park lighting may be turned on earlier. Park site
security lighting in parking areas, walkways, and on exterior building walls or under eaves would
be in operation from dusk to dawn. Radiating light would be visible from the proposed
residences to the north of the park across Wolf Canyon and to planned or residential
development south of the park within Village Four, which represents a direct, significant impact.
The Otay Ranch High School athletic fields could also result in lighting impacts to on-site
residences. The stadium and baseball field lighting would be visible for short periods of time
during evening activities. Radiating light would be visible from the proposed residences not
directly adjacent to the high school. Lighting associated with the high school represents a
direct, significant impact.
Mitiaation Measures:
5.2-2 Prior to approval of the site-specific master plan for the community park in Village Four,
the applicant(s) shall provide funding through the payment of PAD fees for the
preparation of a lighting plan that shows the proposed height, location, and intensity of
sport field and court lighting on-site. Current sport facility lighting technologies including
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reflector devices that serve to reduce the occurrence of light spill and glare shall be used
where appropriate. The plan shall be completed to the satisfaction of the Director of
Planning and Building and Director of General Services.
Findina:
As identified in Section 5.0, Subchapter 5.2 of the EIR, pursuant to section 15091(a)(1) of the
CEQA Guidelines, changes or alterations are required in, or incorporated into, the project that
will substantially lessen or avoid the significant environmental effect as identified in the EIR to a
level of insignificance.
Impact: Alter areas of sensitive landforms; or grade steep slopes that may be visible
from future development and roadways.
Development of the proposed SPA Plan would permanently alter the natural landform of the site
through grading, resulting in a direct, significant impact (Section 5.2, pages 5-64 through 5-69).
EXDlanation:
Development of the proposed SPA Plan would require grading of the project area and would
involve the cut and fill of approximately 18,428,000 cubic yards. This grading would
permanently alter the natural landform of the site which would be significant. A pDrtion of Wolf
Canyon would be filled to a height of 400 feet, approximately 90 to 100 feet above the canyon
bottom. A 100-foot-high slope would be created within Wolf Canyon. The ranch-wide steep
slope preservation standard would be met and, therefore, there would be no significant impact
associated with this policy. However, the filling of Wolf Canyon is considered a significant
landform alteration impact.
Mitiaation Measures:
5.2-1 Prior to approval of grading plans, the applicant(s) shall prepare grading and building
plans that conform to the landform grading guidelines contained in the proposed SPA
Plan, the City's Grading Ordinance, Otay Ranch GDP, and General Plan. The plans
shall be prepared to the satisfaction of the Director of Planning and Building and the City
Engineer.
5.2-3 Prior to the approval of the first rough grading permit. or first B-map, the applicant(s)
shall have prepared, submitted to and received approval from the Director of General
Services of a comprehensive Landscape Master Plan (LMP). Landscaping shall occur
with each phase of development in accordance with the LMP. The contents of the LMP
shall conform to the City staff checklist and include the following major components:
. Maintenance Responsibility Plan
. Master Irrigation Plan
. Master Planting Plan
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. Brush Management Plan
. Hardscape Concept and Trail Plan
. Utility Coordination Plan
. Conceptual Wall and Fence Plan, and
. Monumentation and Signage Plan
FindinQ:
While mitigation measure 5.2-1 and 5.2-3 are feasible and will be completed, they do not
substantially lessen the significant environmental effect as identified in the final EIR. The only
mitigation available for this impact is the No Project alternative. Pursuant to section 15091 (a)(3)
of the CEQA Guidelines, specific economic, legal, social, technological, or other considerations
make this alternative infeasible. Adoption of the No Project alternative would not achieve any of
the objectives of the project as identified in Section 3.3 of the EIR.
BIOLOGICAL RESOURCES
Thresholds of Significance:
Threshold 1: Have a substantial adverse effect, either directly or through habitat modifications,
on any species identified as a candidate, sensitive, or special status species in
local or regional plans, policies, or regulations or by the California Department of
Fish and Game or U.S. Fish and Wildlife Service;
Threshold 2: Have a substantial adverse effect on any riparian habitat or other sensitive
natural community identified in local or regional plans, policies, and regulations or
by the California Department of Fish and Game or U.S. Fish and Wildlife Service;
Threshold 3: Have a substantial adverse effect on federally protected wetlands as defined by
Section 404 of the Clean Water Act (including, but not limited to, marsh, vernal
pool, coastal, etc.) through direct removal, filling, hydrological interruption, or
other means;
Threshold 4: Interfere substantially with the movement of any native resident or migratory fish
or wildlife species or with established native resident or migratory wildlife
corridors, or impede the use of native wildlife nursery sites;
Threshold 5: Conflict with any local policies or ordinances protecting biological resources,
such as a tree preservation policy or ordinance: or
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Threshold 6: Conflict with the provisions of an adopted Habitat Conservation Plan, Natural
Community Conservation Plan, or other approved local, regional or state habitat
conservation plan.
Impact: Have a substantial adverse effect on Sensitive Species and Habitats, including
Riparian Habitats.
The proposed SPA Plan and Composite TM would have a substantial adverse effect, both
directly and through habitat modifications, on species identified as candidate, sensitive, and
special status species in the Otay Ranch RMP, the City's Subarea Plan, and by CDFG and
USFWS (Section 5.3, page 5-94 through 5-96).
The project would have a substantial adverse effect on riparian habitats and other sensitive
natural communities identified in the Otay Ranch RMP, the City's Subarea Plan, and by CDFG
and USFWS (Section 5.3, page 5-96 through 5-97).
Explanation:
Implementation of the proposed SPA Plan would result in significant direct impacts to sensitive
plant species. These impacts include the following species that are identified as covered under
the Subarea Plan: Otay tarplant, variegated dudleya and San Diego barrel cactus. In addition,
Otay tarplant and variegated dudleya are identified in the City's Subarea Plan as Narrow
Endemics. Impacts to these three species would be significant.
Surveys conducted for the proposed project confirmed the presence of coastal California
gnatcatcher, quino checkers pot butterfly, sharp-shinned hawk, rufous-crowned sparrow,
loggerhead shrike, California horned lark, and San Diego black-tailed jackrabbit. In addition,
one raptor nest in the central portion of the Village Two site was observed. Implementation of
the proposed project would result in the direct loss of habitat for all of the sensitive animals
discussed in the Biology section (Section 5.3), of the EIR, including twelve pairs of coastal
California gnatcatchers and one individual Quino checkerspot butterfly. These impacts are
considered significant.
In addition to survey data collected for the proposed SPA Plan, previous biological data is also
available for the site, including data used in preparation of the Otay Ranch GDP and RMP and
accompanying Otay Ranch GDP Program EIR (Program EIR #90-01). Information on species
identified in previous surveys is provided in Section 5.3.1 of Program EIR #90-01, and in
Appendix B-1 of the EIR. Impacts to sensitive wildlife species that are expected to occur based
on previous occurrence data, but were not found in recent surveys, are considered to be
significant due to the loss of potential habitat for these species.
MitiQation Measures:
The following mitigation measures are feasible and are required as a condition of approval and
are made binding on the applicant through these findings. [EIR, Subchapter 5.3, page 125]
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5.3-1 Prior to recording each final map, the property owner(s) shall either convey land
within the Otay Ranch RMP Resource Preserve at a ratio of 1.188 acres for each
acre of development area or pay a fee in lieu.
5.3-2 Prior to issuance of land development permits, including clearing or grubbing and
grading permits, for areas with salvageable resources, including Narrow Endemic
Species, Plantago erecta (OCB larval host plant),south coast saltscale and
smooth-stemmed fagonia (including plant materials and soils/seed bank), the
project property owner (s) shall be required to develop and implement a
Resource Salvage Plan. The Resource Salvage Plan shall, at a minimum,
evaluate options for plant salvage and relocation, including native plant mulching,
selective soil salvaging, application of plant materials on manufactured slopes,
and application/relocation of resources within the preserve. The Resource
Salvage Plan shall include incorporation of relocation efforts for non-covered
species, including south coast saltscale and smooth-stemmed fagonia.
Relocation efforts may include seed collection or transplantation to a suitable
receptor site and will be based on the most reliable methods of successful
relocation. The program shall also contain a recommendation for method of
salvage and relocation/ application based on feasibility of implementation and
likelihood of success. The program shall include, but not be limited to, an
implementation plan, maintenance and monitoring program, estimated
completion time, and any relevant contingency measures. The program shall be
subject to review and approval of the City's Director of Planning and Building.
5.3-3 Pursuant to the requirements of the RMP, mitigation beyond the conveyance
requirements for impacts to maritime succulent scrub shall consist of on-site
restoration at 1:1 ratio. If final design plans indicate that impacts will be avoided,
this measure will not be applicable. Prior to issuance of land development
permits, including clearing or grubbing and grading permits, that impact maritime
succulent scrub resources, the developer(s) shall prepare and implement a
restoration plan to restore 3.4 acres of maritime succulent scrub (1.5 acres from
impacts within the Otay Ranch Company ownership and 1.9 acres within the Flat
Rock Land Company ownership), pursuant to the Otay Ranch RMP restoration
requirements. The maritime succulent scrub restoration plan shall be approved
by the City's Director of Planning and Building, and shall include an
implementation plan, maintenance and monitoring program, estimated
completion time, and any relevant contingency measures.
5.3-4 Prior to issuance of land development permits, including clearing or grubbing and
grading permits, in portions of the SPA Plan area that are adjacent to the
Preserve, the property owner shall install fencing in accordance with CVMC
17.35.030.
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Prominently colored, well-installed fencing shall be in place wherever the limits of
grading are adjacent to sensitive vegetation communities or other biological
resources, as identified by the qualified monitoring biologist. Fencing shall
remain in place during all construction activities, All temporary and permanent
fencing shall be shown on grading plans, Prior to release of grading bonds, a
qualified biologist shall provide evidence that work was conducted as authorized
under the approved land development permit and associated plans.
5.3-5 Prior to issuance of grading permits, a Storm Water Pollution Prevention Plan
(SWPPP) shall be developed, approved, and implemented during construction to
control storm water runoff, such that erosion, sedimentation, pollution, etc. are
minimized. The following measures contained in the Edge Plans shall be
implemented to avoid the release of toxic substances associated with urban
runoff:
. Sediment shall be retained on-site by a system of sediment basins, traps, or
other appropriate measures.
. Where deemed necessary, storm drains shall be equipped with silt and oil
traps to remove oils, debris and other pollutants. Storm drain inlets shall
be labeled "No Dumping-Drains to Ocean." Storm drains shall be
regularly maintained to ensure their effectiveness.
. The parking lots shall be designed to allow storm water runoff to be
directed to vegetative filter strips and/or oil-water separators to control
sediment, oil, and other contaminants.
. Permanent energy dissipaters shall be included for drainage outlets.
. The SPA Plan area drainage basins shall be designed to provide effective
water quality control measures. Design and operational features of the
drainage basins shall include design features to provide maximum
detention time for settling of fine particles; maximize the distance between
basin inlets and outlets to reduce velocities; and establish maintenance
schedules for periodic removal of sedimentation, excessive vegetation
and debris.
5.3-6 Prior to issuance of land development permits, including clearing or grubbing and
grading permits, the following notes shall be included on the plans to the
satisfaction of the Environmental Review Coordinator:
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(1) A qualified biologist shall be on-site to monitor all vegetation clearing and
periodically thereafter to ensure implementation of appropriate resource
protection measures.
(2) Dewatering shall be conducted in accordance with standard regulations of
the RWQCB. A permit to discharge water from dewatering activities will be
required. This will minimize erosion, siltation, and pollution within sensitive
communities.
(3) During construction, material stockpiles shall be placed such that they
cause minimal interference with on-site drainage patterns. This will protect
sensitive vegetation from being inundated with sediment-laden runoff.
(4) Material stockpiles shall be covered when not in use. This will prevent fly-
off that could damage nearby sensitive vegetation communities.
(5) Graded area shall be periodically watered to minimize dust affecting
adjacent vegetation.
5.3-7 Lighting of all developed areas adjacent to the Preserve shall be directed away
from the Preserve, wherever feasible and consistent with public safety. Where
necessary, development shall provide adequate shielding with non-invasive plant
materials (preferably native), berming, and/or other methods to protect the
Preserve and sensitive species from night lighting. Consideration shall be given
to the use of low-pressure sodium lighting. In compliance with the Chula Vista
MSCP Subarea Plan, all lighting shall be shielded and directed away from the
Preserve. Prior to issuance of improvement plans, a lighting plan and
photometric analysis shall be submitted to the City's Environmental review
Coordinator for review and approval. The lighting plan shall illustrate the location
of the proposed lighting standards and type of shielding measures. Low-
pressure sodium lighting shall be used if feasible and shall be subject to the
approval of the City's Environmental Review Coordinator and City Engineer. No
night-time construction lighting shall occur within the Preserve Edge.
5.3-8 Noise impacts adjacent to the Preserve lands shall be minimized. Berms or walls
shall be constructed adjacent to commercial areas and any other use that may
introduce noises that could impact or interfere with wildlife utilization of the
Preserve. Construction activities shall include noise reduction measures or be
conducted outside the breeding season of sensitive bird species. Based on
current information, these conditions would be limited to areas within 500 feet of
Wolf Canyon. When clearing, grading or grubbing activities occur during the
breeding season for coastal California gnatcatcher (February 15 to August 15,
annually) or raptors (January 15 to July 31, annually), nesting bird surveys shall
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be conducted by a qualified biologist to identify active nest locations.
Construction activities shall be restricted such that noise levels related to those
activities are below 60 average sound level (Leq) at the location of the active nest
site.
5.3-9 Prior to issuance of land development permits, including clearing or grubbing and
grading permits, the property owner shall submit evidence showing that the
following features of the Preserve Edge Plan have been incorporated into
grading and landscaping plans:
(1) No invasive non-native plant species shall be introduced into areas
immediately adjacent to the Preserve. All slopes immediately adjacent to
the Preserve shall be planted with native species per the Edge Plan that
reflect the adjacent native habitat.
(2) All fuel modification shall be incorporated into development plans and
shall not include any areas within the Preserve.
5.3-10
Prior to issuance of grading permits. the property owner shall submit wall and
fence plans depicting appropriate barriers to prevent unauthorized access into
the Preserve. The wall and fence plans shall illustrate the locations and cross
sections of proposed walls and fences along the Preserve boundary, subject to
the approval the City's Director of Planning and Building.
Findino:
As identified in Section 5.0, Subchapter 5.3 of the EIR, pursuant to section 15091 (a)(1) of the
CEQA Guidelines, changes or alterations are required in, or incorporated into, the project that
will substantially lessen or avoid the significant environmental effect as identified in the EIR to a
level of insignificance.
Impact: Effects on Federal and State Protected Wetlands
The project would have a direct, significant adverse effect on federally protected wetlands, as
defined by Section 404 of the Clean Water Act, including jurisdictional waters and vernal pools
(Section 5.3, pages 5-97 and 5-98).
EXDlanation:
Impacts to jurisdictional waters would occur as a result of implementation of the proposed SPA
Plan, consisting of 0.5 acre of ephemeral and intermittent unvegetated stream channels, in
addition to the 0.2 acre of alluvial scrub, mentioned above. Impacts to ephemeral and
intermittent unvegetated waters and alluvial scrub are considered significant.
In Village Two, two vernal pools on the M2 mesa will be impacted by the proposed project, and
one vernal pool within the K17 complex in Village Three will be impacted. Impacts to these
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three vernal pools are considered significant under CEQA. The total surface area of the three
pools is 203 square feet.
Avoidance and minimization of impacts to all of the vernal pool resources within Otay Ranch
was considered in the development of the GDP. Because of the lack of resources and relative
quality of the M2 and K17 pool complexes, these pool complexes were not included in the
conservation planning. Instead, it was determined that enhancement and restoration of the J23,
J24 or J25 pools on Otay Mesa would provide the best overall strategy for conservation of
vernal pool resources within Otay Ranch.
The M2 and K17 pool complexes lack sensitive resources and were not identified for
preservation in the RMP Mitigation for impacts to these pool complexes is identified in Section
5.3.5 of the EIR. The proposed mitigation option consisting of restoration within the J23, J24 or
J25 pools on Otay Mesa would be consistent with mitigation identified in the RMP. In addition,
optional mitigation is provided in consideration of proposed changes in conservation strategies
for vernal pool complexes within Village 13.
Indirect, adverse edge effects to jurisdictional waters and vernal pools include potential runoff,
sedimentation, erosion, exotics introduction, and habitat type conversion in the short and long
term, particularly within the Wolf Canyon drainage. Indirect impacts to jurisdictional waters are
considered significant.
Mitiaation Measures:
The following mitigation measures are feasible and are required as a condition of approval and
are made binding on the applicant through these findings. [EIR, Subchapter 5.3, pages 128].
5.3-11
The City requires that impacts to wetlands be avoided to the maximum extent
possible. When avoidance is not feasible, the property owner(s) shall be required
to minimize impacts to the greatest extent possible and mitigate for loss of
wetland habitat, including wetland habitat creation of at a 1:1 ratio for
unvegetated waters of the U.S. and 3:1 for impacts to alluvial scrub. To mitigate
direct impacts to jurisdictional waters, the following conditions would be required
prior to issuance of land development permits, including clearing or grubbing and
grading permits for any area impacting jurisdictional waters:
A total of 1.1 acres of wetlands shall be created. Prior to issuance of land
development permits, including clearing or grubbing and grading permits that
impacts jurisdictional waters, the developer(s) shall prepare a Wetlands
Mitigation Plan to the satisfaction of the wetland resource agencies and the City's
Director of Planning and Building. This plan shall include, but not be limited to, an
implementation plan, maintenance and monitoring program, estimated
completion time, and any relevant contingency measures.
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Prior to issuance of land development permits, including clearing or grubbing and
grading permits for areas that impact jurisdictional waters, the property owner
shall provide evidence that all required regulatory permits, such as those
required under Section 404 of the federal Clean Water Act, Section 1600 of the
California Fish and Game Code, and the Porter Cologne Water Quality Act.
5.3-12 One of the following options shall be implemented by the property owner(s) prior
to issuance of land development permits, including clearing or grubbing and
grading permits for areas impacting vernal pools:
(1) Option #1: The property owner(s) shall restore 406 square feet of vernal pools within
the J23, 24, or 25 pools (eastern Otay Mesa) or within the Village 13 (resort) planning
area. The restoration would involve reconfiguration and reconstruction of the mima
mounds and basins, removal of weedy vegetation, revegetation of the mounds with
upland sage scrub species and inoculation of the pools with vernal pool species. The
property owner shall prepare a Vernal Pool Mitigation Plan to the satisfaction of the
resource agencies (if applicable/jurisdictional) and the City's Director of Planning and
Building. The Plan shall include, but not be limited to an implementation plan,
maintenance and monitoring program, estimated completion time, and any relevant
contingency measures.
(2) Option #2: The project property owner(s) shall purchase vernal pool mitigation bank
credits within an approved mitigation bank. Evidence of the purchase and appropriate
monitoring and maintenance requirements shall be provided to the Director of Planning
and Building.
Findina:
As identified in Section 5.0, Subchapter 5.3 of the EIR, pursuant to section 15091 (a)(1) of the
CEQA Guidelines, changes or alterations are required in, or incorporated into the project that
will substantially lessen or avoid the significant environmental effect as identified in the EIR to a
level of insignificance.
CULTURAL RESOURCES
Thresholds of Significance:
Threshold 1: Cause a substantial adverse change in the significance of a historical or
archaeological resource as defined in CEQA Guidelines Section 15064.5. Including resources
that are eligible for the California Register of Historic Resources and the National Register of
Historic Places; and resources that are locally designated as historically significant; or the City
of Chula Vista finds the resource historically significant based on substantial evidence.
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Criteria for determining a resource is "historically significant" typically includes:
(1) resources that are associated with an event or person of recognized significance;
(2) resources that can provide information that is of demonstrable public interest and is useful in
addressing scientifically consequential and reasonable research questions; (3) resources that
have a special or particular quality such as the oldest, best example, largest, or last surviving
example of its kind; and (4) resources that are least 100 years old and possess substantial
stratigraphic integrity; and/or involve important research questions that historical research has
shown can be answered only with archaeological methods.
Threshold 2: Disturb any human remains, including those interred outside of formal
cemeteries.
Impact: Historic or Archaeological Resources
One prehistoric site (CA-SDI-12,291B) and one historic site (11 ,384H) would be impacted by the
proposed project (Section 5.4, pages 5-136 through 5-5-139).
EXDlanation:
There were 16 prehistoric sites identified within the SPA Plan area. As a result of the testing of
these sites, only one site, CA-SDI-12,291B, was determined to be a significant historic resource.
Impacts to CA-SDI-12,291b would be considered significant. The remaining 15 sites were
determined not to be significant historic resources, however,' grading and excavation activities
associated with the proposed project could result in direct, significant archaeological impacts to
unknown subsurface deposits. There was one historic site identified within the SPA Plan area.
The historic site, located on the Village Two project area, consists of the remains of the Otay
Ranch Farm Complex. Appendix I, of the February 2004(a) report for cultural resources at the
Otay Ranch Village Two SPA, concluded that no historically significant remaining components
were visible during site testing. However, the proposed project could result in significant
archaeological impacts because the site may contain masked subsurface deposits that may be
encountered during grading and excavation activities for the proposed project.
Mitiaation Measures:
The following mitigation measures are feasible and are required as a condition of approval and
are made binding on the applicant through these findings. [EIR, Subchapter 5.4, pages 140].
Preservation is the preferred means of avoiding impacts to archaeological site SDI-12,291 B.
This approach would involve redesign of the project to avoid impacts to Site 8D-12,2918. The
following measures outline a procedure for ensuring that adverse impacts are avoided for the
proposed SPA Plan.
Preservation is the preferred means of avoiding impacts to archaeological site 8DI-12,291b.
This approach would involve redesign of the project to avoid impacts to Site SD-12,291 b. In the
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event that preservation on-site is infeasible, the following measures outline a procedure for
ensuring that adverse impacts are avoided for the proposed SPA Plan.
5.4-1 In the event that in place preservation is infeasible, the following data recovery program
will mitigate adverse impacts to SDI-12,291 b. These tasks need to be completed prior to
the issuance of grading permits for the portion of Village Three on which the site is
located.
a) Prior to the issuance of grading permits, a Registered Professional Archaeologist
(RPA) shall prepare a research design for the data recovery of Site SDI-12,291b to
the satisfaction of the Environmental Review Coordinator. This research design shall
identify specific research questions to be addressed through the data recovery
process, the data collection and analyses needed to address those questions, and
the means and location of curation of recovered materials. This research design
shall be prepared prior to the initiation of the field investigation to the satisfaction of
the Environmental Review Coordinator of the City of Chula Vista.
b) Based on the approved research design, an excavation program shall be
implemented that will result in a reliable sample of the site. It is anticipated that
between two and four percent of the surface area of the mapped resource would be
excavated, and that excavation would be completed by hand excavated one-by-one
meter units, unless the questions developed for the research design require a
modified sampling strategy. All materials should be passed through a one-eighth-
inch mesh screen, with all recovered materials catalogued and analyzed. If datable
materials, faunal or floral remains, pollen, or other cultural significant materials are
found, appropriate special analysis shall be completed.
c) A detailed report of findings shall be completed and the results made available to the
public and scientific community. Curation of recovered materials shall be
accomplished to the satisfaction of the Environmental Review Coordinator of the City
of Chula Vista. Curation of collections from the project will be curated in a facility
approved in advance by the City.
5.4-2 A qualified archaeological monitor shall be on-site during initial grading of CA-SDI-
11,384H. If historic archaeological material is encountered during grading, all grading in
the vicinity as determined and defined by the archaeologist shall stop and its importance
shall be evaluated, and suitable mitigation measures shall be developed and
implemented, if necessary. Cultural material collected shall be permanently curated at
an appropriate repository. Curation of collections from the project will be curated in a
facility approved in advance by the City.
Findina:
As identified in Section 5.0, Subchapter 5.4 of the EIR, pursuant to section 15091 (a)(1) of the
CEQA Guidelines, changes or alterations are required in, or incorporated into, the project that
32
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will substantially lessen or avoid the significant effect as identified in the EIR to a level of
insignificance.
GEOLOGY AND SOilS
Thresholds of Significance:
Threshold 1: Expose people or structures to potential substantial adverse effects, including the
risk of loss, injury, or death involving:
. Rupture of a known earthquake fault, as delineated on the most recent
Alquist-Priolo Earthquake Fault Zoning Map issued by the State Geologist
for the area or based on other substantial evidence of a known fault,
. Strong seismic ground shaking,
. Seismic-related ground failure, including liquefaction, or
. landslides;
Threshold 2: Result in substantial soil erosion or the loss of topsoil;
Threshold 3: Be located on a geologic unit or soil that is unstable or that would become
unstable as a result of the project and potentially result in on- or off-site landslide,
lateral spreading, subsidence, liquefaction, or collapse;
Threshold 4: Be located on expansive soil, as defined in Table 18-1-B of the Uniform Building
Code (1994), creating a substantial risk to life or property; and
Threshold 5: Have soils incapable of adequately supporting the use of septic tanks or
alternative wastewater disposal systems where sewers are not available for
disposal of wastewater.
Impact: Result in substantial soil erosion or the loss of topsoil; be located on expansive
soil; or have soils incapable of adequately supporting the use of septic tanks or
alternative wastewater disposal systems where sewers are not available for disposal of
wastewater.
The presence of compressible and expansive soils and the potential for settlement and
landslides to occur at the project site is considered a potentially significant direct impact. The
current project design would require mass grading above portions of the tunnel that contains the
San Diego waterline, which would be a direct, significant impact (Section 5.5, pages 5-152 and
5-153).
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Explanation:
Significant impacts to geology and soils could result from project development on compressible
and expansive soils. Expansive soils, which include alluvium, colluvium, and claystone occur
throughout the project site. Expansive soils may adversely impact structural slabs and
foundations and roadways due to their swelling characteristics. The adverse effects of slope
creep, landslides or lateral fill extension may also occur with expansive soil fills and cuts.
Additionally, the current conceptual design would require mass grading above portions of the
tunnel that contains the San Diego waterline, including excavation of formulational soils and the
placement of fill soils. A potentially significant impact could result from the grading above
portions of the existing City of San Diego waterline. Implementation of project-specific design
mitigation measures, as described below, would reduce or avoid significant impacts. Impacts
resulting from the grading above portions of the waterline would be eliminated if the waterline
were relocated.
Mitioation Measures:
The following mitigation measures are feasible and are required as a condition of approval and
are made binding on the applicant through these findings (EIR, Subchapter 5.5, pages 5-155
through 5-156).
5.5-1 Prior to the issuance of the grading permit, the applicant(s) shall verify that the
applicable recommendations of the preliminary geotechnical investigations for Villages
Two and Three prepared by Geocon (August 18, 2003 and September 3, 2003,
respectively) and the preliminary geotechnical investigation for the Parcel A portion of
Village Three, prepared by Pacific Soils Engineering, Inc., (October 24,2003) have been
incorporated into the project design and construction documents to the satisfaction of the
City Engineer. Recommendations include, but are not limited to:
a) During construction liquefiable soils within the colluvium/alluvium shall be
removed and replaced with compacted fill.
b) During construction highly expansive soils shall be kept below finish grade.
Where excavations expose highly expansive materials at finish grade, these
materials shall be excavated a minimum of four feet below finish grade. Where
excavations expose very highly expansive material at finish grade, these
materials shall be excavated a minimum of five feet below finish grade. The
excavations shall be replaced with a compacted fill soil that has a low to
moderate expansion potential.
c) During construction, the developer shall remove loose, compressible soils and
replace as compacted fill in areas that will be subjected to new fill or structural
loads.
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d) During grading the developer shall construct earthen buttresses on unstable
slopes with drains installed, as warranted, at the rear of the buttresses to control
groundwater.
e) Grading of building pads shall be designed so that foundations bear entirely on a
relatively uniform depth of compacted fill. This may be accomplished by
overexcavating the cut portion of the building pad.
5.5-2 If the existing City of San Diego waterline is not relocated, the following mitigation
measure shall be required to reduce impacts associated with grading above portions of
the existing waterline:
Prior to the issuance of the grading permit, the applicant(s) shall consult with a pipeline
specialist to evaluate the structural integrity of the existing City of San Diego waterline
pipe and tunnel and the effect of the fill loads. A deformation analysis shall be
performed once final grades have been determined.
5.5-3 Prior to the issuance of the grading permit, the applicant(s) shall verify that the design of
any structures would comply with the requirements of the Uniform Building Code and
standard practices of the Association of Structural Engineers of California.
Findina:
As identified in Section 5.0, Subchapter 5.5 of the EIR, pursuant to section 15091(a)(1) of the
CEQA Guidelines, changes or alterations are required in, or incorporated into, the project that
will substantially lessen or avoid the significant environmental effect as identified in the EIR to a
level of insignificance.
PALEONTOLOGICAL RESOURCES
Thresholds of Significance:
The proposed project could have a significant effect on paleontological resources, if it would:
Threshold 1: Directly or indirectly destroy a unique paleontological resource or site or unique
geological feature.
Impact: Directly or indirectly destroy a unique paleontological resource or site or unique
geological feature.
The proposed grading of the Otay Formation sandstone, the San Diego Formation, and the
Sweetwater Formation would move material with high sensitivity for paleontological resources,
which is considered a direct, significant impact (Section 5.6, page 5-160)
35
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Explanation:
The project site is underlain by the Otay Formation, San Diego Formation, and Sweetwater
Formation, which are characterized by an upper portion with high paleontological resource
sensitivity and a lower portion with moderate resource sensitivity. The occurrence of fossils
within the covered bedrock cannot be evaluated prior to exposure. Areas of the Otay Formation
with accumulations of colluvial and alluvial deposits in the drainage course bottoms, the San
Diego Formation, the Sweetwater Formation, and Terrace Deposits may be exposed during
grading and construction activities. The proposed grading of the Otay Formation sandstone, the
San Diego Formation, and the Sweetwater Formation would move material with high sensitivity
for paleontological resources. Exposure of these formations would likely result in the unearthing
of fossil remains, which could damage the fossils if they were not recovered and salvaged.
Destruction of the paleontological resources from these formations would be a direct, long-term,
potentially significant impact.
Mitiqation Measures:
The following mitigation measures are feasible and are required as a condition of approval and
are made binding on the applicant through these findings. [EIR, Subchapter 5.6, page 160]:
5.6-1 Prior to approval of the grading permit, the applicant(s) shall incorporate into grading
plans to the satisfaction of the City of Chula Vista's Engineer and Environmental Review
Coordinator, the following:
a) Prior to issuance of any grading permits, the applicant(s) shall confirm to the City
of Chula Vista that a qualified paleontologist has been retained to carry out the
following mitigation program. The paleontologist shall attend pregrade meetings
to consult with grading and excavation contractors. (A qualified paleontologist is
defined as an individual with a M.S. or Ph.D. in paleontology or geology who is
familiar with paleontological procedures and techniques.)
b) A paleontological monitor shall be on-site at all times during the original cutting of
previously undisturbed sediments of highly sensitive geologic formations (Le.,
Otay, Sweetwater, and San Diego Formations) to inspect cuts for contained
fossils. The paleontological monitor shall work under the direction of a qualified
paleontologist. The monitor shall be on-site on at least a half-time basis during
the original cuts in deposits with a moderate resource sensitivity (Le., Terrace
Deposits). (A paleontological monitor is defined as an individual who has
experience in the collection and salvage of fossil materials.)
In the event that fossils are discovered in unknown sensitive formations, it may
be necessary to increase the per-day field monitoring time. Conversely, if fossils
are not discovered, the monitoring may be reduced.
36
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c) When fossils are discovered, the paleontologist (or paleontological monitor) shall
recover them. In instances where recovery requires an extended salvage time,
the paleontologist (or paleontological monitor) shall be allowed to temporarily
direct, divert, or halt grading to allow recovery of fossil remains in a timely
manner. Where deemed appropriate by the paleontologist (or paleontological
monitor), a screen-washing operation for small fossil remains shall be set up.
d) Prepared fossils, along with copies of all pertinent field notes, photographs, and
maps, shall be deposited (with the applicant(s) permission) in a scientific
institution with paleontological collections. A final summary report shall be
completed that outlines the results of the mitigation program. This report shall
include discussion of the methods used, stratigraphy exposed, fossils collected,
and significance of recovered fossils.
Findinq:
As identified in Section 5.0, Subchapter 5.6 of the EIR, pursuant to section 15091(a)(1) of the
CEQA Guidelines, changes or alterations are required in, or incorporated into, the project that
will substantially lessen or avoid the significant environmental effect as identified in the EIR to a
level of insignificance.
AGRICULTURE
Impact:
The proposed project will result in the direct loss of Farmland of Local Importance and Grazing
Land to urban uses. The loss of agricultural land and land suitable for the production of crops
associated with the project will also contribute to the cumulatively significant impact identified in
the GDP Program EIR (EIR #90-01) due to the incremental and irreversible loss or impairment
of such agricultural resources.
EXDlanation:
Development of the SPA Plan and the Composite TM would result in a significant impact to
agricultural resources, due to the loss of 858.8 acres of Farmland of Local Importance and the
conversion of 321.72 acres of Grazing Land to urban uses. The loss of this acreage would result
in a significant unavoidable impact due to the incremental and irreversible loss or impairment of
Farmland of Local Importance and Grazing Land. This was previously addressed in the Otay
Ranch GDP Program EIR and was determined to be significant and not fully mitigated. At that
time, a statement of overriding considerations was adopted for this impact. Furthermore, noise,
odors, insects, rodents, and chemicals associated with agricultural operations would create
indirect, short-term, potentially significant impacts between the agricultural uses and urban
uses.
37
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Mitiaation Measures:
The following mitigation measures are feasible and are required as a condition of approval and
are made binding on the applicant through these findings. [EIR, Subchapter 5.7, page 166]:
The following mitigation measure has been identified for the SPA Plan and the Composite TM to
reduce the potentially significant, short-term impacts caused by adjacency of ongoing
agricultural uses and urban uses:
5.7-1 The Agricultural Plan included in the SPA Plan shall be implemented as development
proceeds in the proposed SPA Plan area. The following measures shall be implemented
by the developer(s) to the satisfaction of the City of Chula Vista's Director of Planning
and Building:
a) A 200-foot buffer between developed property and ongoing agriculture
operations shall be maintained. The use of pesticides shall comply with federal,
state, and local regulations;
b) Vegetation shall be used to shield adjacent urban development (within 400 feet)
from agriculture activities where pesticides are to be applied;
c) Notification shall be given to adjacent property owners of potential pesticide
application through newspaper advertisements; and
d) Fencing shall be installed, where necessary, to ensure the safety of the SPA
Plan area residents.
Findina:
As identified in Section 5.0, Subchapter 5.7, of the EIR, pursuant to section 15091(a)(1) of the
CEQA Guidelines, changes or alterations are required in, or incorporated into, the project that
will substantially lessen some of the significant environmental effects as identified in the EIR.
However, despite the above mitigation, the incremental and cumulative loss of agricultural lands
is considered a significant unmitigable impact, and no other feasible mitigation measures are
available to reduce these impacts to below a level of significance. This impact is discussed
below in Section X, Cumulative Significant Effects and Mitigation Measures.
WATER RESOURCES AND WATER QUALITY
Thresholds of Significance
Threshold 1: Substantially alters the existin9 drainage pattern of the site or area, in a manner
which would result in substantial erosion or siltation or substantially increases the
rate or amount of surface runoff in a manner which would result in flooding or
which would exceed the capacity of existing or planned storm water drainage
systems or provides substantial additional sources of polluted runoff or otherwise
substantially degrades water quality:
38
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Threshold 2: Violates any water quality standards or waste discharge requirements, including
City of Chula Vista Engineering Standards for storm water flows and volumes;
Threshold 3: Substantially depletes groundwater or interferes substantially with groundwater
recharge;
Threshold 4: Alters an existing 1 DO-year floodplain or places structures within a 1 DO-year flood
hazard area which would impede or redirect flood flows; and
Threshold 5: Exposes people or structures to a significant risk of loss, injury, or death involving
flooding, and/or exposes people or structures to inundation by seiche, tsunami,
or mudflow.
Impact:
Project implementation will introduce landscaping, impermeable surfaces, and urban activities to
undeveloped land, as well as new pollutant sources, such as automobiles and household
products, which will result in significant long-term, direct and cumulative impacts. Impermeable
surfaces will decrease the amount of infiltration occurring at the project site and will lead to
increased runoff rates and the potential for pollutants to be introduced to water sources
(Section 5.9, page 5-179 through 5-181).
Exolanation:
The proposed SPA Plan and Composite TM would convert an existing undeveloped site to an
urban landscape with multiple land uses. In doing so, impermeable surfaces would be
introduced to the project site, as well as new pollutant sources, such as automobiles and
household products. Impermeable surfaces would decrease the amount of infiltration occurring
at the project site and would lead to runoff rates and the potential for pollutants to be introduced
to water sources. Therefore, the proposed SPA Plan and Composite TM has the potential to
contribute to significant water quality impacts. Drainage at the site would be altered to direct
stormwater runoff into the municipal storm drain system.
Mitiaation Measures:
The following mitigation measures are feasible and are required as a condition of approval and
are made binding on the applicant through these findings. [EIR, Subchapter 5.9, page 5-183]:
5.9-1 Prior to issuance of a grading permit, a detailed drainage system design study shall be
prepared to the satisfaction of the City Engineer and shall include but not be limited to:
a) Peak runoff at each inlet, outlet, interceptor, concentration, or confluence point,
both predevelopment and postdevelopment conditions; and
39
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b) The integration of the proposed system with the existing and proposed
downstream drainage facilities to effectively control flows within the entire
system.
c) Maps showing existing and postdevelopment conditions for existing topography
and proposed grading plans incorporating a drainage system design with main
lines and detention/desilting facilities pursuant to Section 3-202.1 of the Chula
Vista Subdivision Manual; and on-site detention/desilting facilities shall be
incorporated in the design for the various phases of construction and
postconstruction.
5.9-2 Prior to the issuance of the first grading permit, the applicant(s) shall submit a SWPPP
including assignment of maintenance responsibilities for review and approval by the City
Engineer and the Director of Public Works. The SWPPP shall be consistent and fully
comply with the requirements of the Clean Water Act and all requirements set forth in
the General Construction Permit, the City of Chula Vista Storm Water Management and
Discharge Control Ordinance (Storm Water Management Manual Ordinance), the City of
Chula Vista Standard Urban Stormwater Management Plan (SUSMP) and the City of
Chula Vista Development and Redevelopment Projects Storm Water Management
Standards Requirements Manual (Storm Water Management Manual). BMPs identified
in the SWPPP shall include but shall not be limited to the following:
a) Temporary erosion control measures designed in accordance with the Chula
Vista Grading Ordinance shall be employed for disturbed areas and shown on
the grading plans.
b) No disturbed surfaces shall be left without erosion control measures in place
during the winter and spring months.
5.9-3 Prior to the issuance of all subsequent permits and approvals associated with the project
including but not limited to improvement plan approvals, construction permits, site plan
approvals, design review approvals, conditional use permits, grading permits, the
applicant of such permits, and/or approvals shall comply with the Clean Water Act, the
Municipal permit, the General Construction Permit, and the Storm Water Management
Ordinance and submit a SWPPP prior to the issuance of such permits and/or approvals
in compliance with the City's Storm Water Management Manual and the SUSMP.
Findina:
As identified Section 5.0, Subchapter 5.9, of the EIR, pursuant to section 15091(a)(1) of the
CEQA Guidelines, changes or alterations are required in, or incorporated into, the project that
will substantially lessen or avoid the significant environmental effect as identified in the EIR to a
level of insignificance.
40
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TRAFFIC, CIRCULATION, AND ACCESS
Thresholds of Significance:
The criteria utilized to determine if a traffic impact at an intersection, street segment, or freeway
is considered significant is based on City of Chula Vista standards. Both project specific and
cumulative project impacts can be significant impacts. Additionally, the criteria differs depending
on whether the timing of impacts are near-term or long-term. These criteria are outlined below.
Near Term (Study Horizon Year 0 to 4)
Intersections
A direct project impact to an intersection would occur if both of the following criteria are met:
1 . Intersections
a. Project specific impact if both the following criteria area met:
i. level of service is LOS E or LOS F
ii. Project trips comprise 5% or more of entering volume.
b. Cumulative impact if only #1 is met.
2. Street Lines/Segments
If the ADT methodology indicates LOS C or better, the impact is not significant. If the ADT
methodology indicates LOS D, E, or F, the Growth Management Oversight Committee (GMOC)
criteria should be used, which includes the following:
Project specific impact if all the following criteria are met:
. level of service is LOS D for more than 2 hours or LOS ElF
. Project trips comprise 5% or more of segment volume
. Project adds greater than 800 ADT to segment
. Cumulative Impact if only NO.1 is met
3. Freeways
Project specific impact if both the following criteria are met:
4]
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. Freeway segment LOS is LOS E or LOS F
. Project comprises 5% or more of the total forecasted ADT on that freeway segment.
. Cumulative impact if only NO.1 is met.
1. Intersections
a. Project specific impact if both the following criteria area met:
i. Level of service is LOS E or LOS F
ii. Project trips comprise 5% or more of entering volume.
b. Cumulative impact if only NO.1 is met.
2. Street Lines/Segments
Use the planning analysis using the volume-to-capacity ratio methodology only. The GMOC
analysis methodology is not applicable beyond a four-year horizon.
. Project specific impact if all three of the following criteria are met:
. Level of service is LOS D for more than 2 hours or LOS E/F
. Project trips comprise 5% or more of segment volume
. Project adds greater than 800 ADT to segment
Cumulative Impact if only NO.1 is met. However, if the intersections along a LOS D or LOS E
segment all operate at LOS D or better, the segment impact is not considered significant since
intersection analysis is more indicative of actual roadway system operations than street
segment analysis. If segment Level of Service is LOS F, impact is significant regardless of
intersection LOS.
Notwithstanding the foregoing, if the impact identified in paragraph a. above occurs at study
horizon year 10 or later, and is off-site and not adjacent to the project, the impact is considered
cumulative. Study year 10 may be that typical SANDAG model year which is between 8 and 13
years in the future. In this case of a traffic study being performed in the period of 2000 to 2002,
because the typical model will only evaluate traffic at years divisible by 5 (i.e., 2005, 2010, 2015,
and 2020) study horizon year 10 would correspond to the SANDAG model for year 2010 and
would be 8 years in the future. If the model year is less than seven years in the future, study
horizon year 10 would be 13 years in the future.
42
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In the event a direct identified project-specific impact in paragraph a. above occurs at study
horizon year 5 or earlier and the impact is off-site and not adjacent to this project, but the
property immediately adjacent to the identified project-specific impact is also proposed to be
developed in approximately the same time frame, an additional analysis may be required to
determine whether or not the identified project specific impact would still occur if the
development of the adjacent property does not take place. If the additional analysis concludes
that the identified project-specific impact is no longer a direct impact, then the impact shall be
considered cumulative.
3. Freeways
Project specific impact if both the following criteria are met:
. Freeway segment LOS is LOS E or LOS F
. Project comprises 5% or more of the total forecasted ADT on that freeway segment.
. Cumulative impact if only NO.1 is met.
Impact:
As shown on Tables 5.10-14 of the EIR (page 5-235), one intersection is projected to result in a
significant direct impact at buildout of the proposed SPA Plan. As shown on Table 5.10-15 of
the EIR (page 5-236), three street segments are projected to result in a cumulative traffic impact
at buildout of the proposed SPA Plan. Additionally, implementation of the SPA Plan will result in
significant cumulative impacts to six segments of 1-805. These impacts are discussed in Section
5.10, pages 5-198 through 5-234, of the EIR.
EXDlanation:
Based on the peak hour intersection, segment and freeway analyses, the significance of
impacts under each analysis timeframe was determined. The intersection at Rock Mountain
Road and La Media Road is projected to result in a significant impact at buildout of the
proposed SPA Plan, as shown on Table 5.10-14. Implementation of the proposed SPA Plan will
result in significant, cumulative street segment impacts at the following three segments:
. Rock Mountain Road
. Main Street to La Media Road
. La Media Road to SR-125
. SR-125 to Eastlake Parkway
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Significant cumulative impacts are calculated on 1-805 since LOS F is calculated for six
segments along this freeway, and the proposed project adds traffic to this freeway. In addition,
access-related impacts would occur if appropriate lane configurations are not provided at the
project driveways.
MitiQation Measures:
The following mitigation measures are feasible and are required as a condition of approval and
are made binding on the applicant through these findings. [EIR, Subchapter 5.10, page 5-234].
Mitigation of cumulative impacts to freeways are not feasible due to the fact that they are
beyond the control of the City of Chula Vista. The mitigation of cumulative impacts to freeways
is discussed in Section X below.
5.10-1 Prior to the issuance of building permits, the applicant(s) shall pay the applicable
Transportation Development Impact Fee (TO IF), as amended to design, construct, and
secure a fully actuated traffic signal, including interconnect wiring, mast arms, signal
heads and associated equipment, underground improvements, standards and luminaries
at the Rock Mountain Road/La Media Road intersection. The design of the signal shall
be to the satisfaction of the City Engineer. Turn lane storage lengths shall be provided
as indicated in Table 5.10-16.
5.10-2 Prior to the issuance of building permits, the applicant(s) shall pay the applicable
Transportation Development Impact Fee (TO IF), as amended, towards widening Rock
Mountain Road from La Media Road to Eastlake Parkway to six lanes or toward an
intersection improvement along Rock Mountain Road to the satisfaction of the City
Engineer by year 2015.
5.10-3 Prior to the issuance of building permits, the applicant(s) shall pay the applicable
Transportation Development Impact Fee (TO IF), as amended, toward widening Rock
Mountain Road from Main Street to SR-125 to six lanes and SR-125 to Eastlake
Parkway to eight lanes or towards an intersection improvement along Rock Mountain
Road, to the satisfaction of the City Engineer by year 2030.
Project Access
5.10-5 Phasing of the following improvements shall be consistent with the project PFFP and to
the satisfaction of the City Engineer, with intersection lane geometry per Figure 5.10-11.
Prior to the approval of the final map triggering the construction of the intersection
improvements, including installation of a traffic signal, the applicant shall enter into an
agreement to design, construct, and secure a fully actuated traffic signal including
interconnect wiring, mast arms, signal heads and associated equipment, underground
improvements, standards and luminaries at the intersections listed below. The design of
the signal shall be to the satisfaction of the City Engineer and conform to City standards.
The applicant shall provide turn lane storage lengths as listed in Table 5.10-16.
44
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. Heritage Road/Olympic Parkway
. Heritage Road/Main Street
. Heritage Road/Street "0"
. Heritage Road/Street "F"
. Heritage Road/Street "J" North
. Heritage Road/Street "J" South
. La Media Road/Birch Road
. La Media Road/Santa Luna
. Olympic Parkway/Street "0"
PFFP
5.10-6
Prior to the approval of the final map containing the EOU threshold triggering the
construction of street improvements, as defined by the PFFP, the applicant shall
enter into an agreement to design, construct, and secure full street improvements to
the street segments listed below. Phasing of improvements shall be consistent with
the project PFFP and to the satisfaction of the City Engineer.
Heritaae Road
Olympic Parkway to Street "0"
Street "0" to Street "F"
Street "F" to Street "J" North
Street "J" North to Street "J" South
Street "J" South to Main Street
Heritage Road south of Main Street
Main Street
From Heritage Road to existing improvements
East of Heritage Road to project SPA boundary
Street"D"
Heritage Road to Street E
Street E to State Street
State Street to Santa Venetia
Olympic Parkway to Heritage Road
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Street"E"
Street "0" to Street "B"
Street "B" to La Media Road
La Media Road
Santa Venetia to Birch Avenue
South of Birch Road to community park entrance (or Santa Luna)
5.10-7 No units within the project area shall be constructed which would result in the total
number of units within the Eastern Territories exceeding 8,990 units, prior to the
construction of SR-125 between SR-54 and the International Border. The City may issue
additional building permits if the City Council determines that each of the following
conditions have been met: (1) SR-125 is constructed and open between SR-54 and
Olympic Parkway; and (2) traffic studies, prepared to the satisfaction of the City
Engineer and the City Council, demonstrates that the opening of SR-125 to Olympic
Parkway provides additional capacity to mitigate the project's cumulative significant
impacts to a level below significance without exceeding Growth Management Oversight
Committee traffic threshold standards. Additionally, the City may issue building permits if
the City Council has approved an alternative method to implement the City's Growth
Management Ordinance, as amended from time to time.
FindinCl:
As identified Section 5.0, Subchapter 5.10, of the EIR, pursuant to section 15091 (a)(1) of the
CEQA Guidelines, changes or alterations are required in, or incorporated into, the project that
will substantially lessen or avoid the significant environmental effect as identified in the EIR to a
level of insignificance.
AIR QUALITY
Thresholds of Significance:
Threshold 1: Conflict with or obstruct implementation of the applicable air quality plan;
Threshold 2: Violate any air quality standard or contribute substantially to an existing or
projected air quality violation;
Threshold 3: Result in a cumulatively considerable net increase of any criteria pollutant for
which the project region is non-attainment under an applicable federal or state
ambient air quality standard (including releasing emissions which exceed
quantitative thresholds for ozone precursors).
Threshold 4: The City uses the following SCAQMO thresholds to assess the significance of air
quality impacts (SCAQMO 1993) (Table 5.11-5):
46
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TABLE 5.11-5
SCAQMD THRESHOLDS
Pollutant
Carbon Monoxide
Reactive Organic
Compounds
Oxides of Nitrogen
Oxides of Sulfur
PM10
Project Construction
Pounds/Day Tons/Quarter
550 24.75
75 2.5
Project Operation
Pounds/Day
550
55
100 2.5
150 6.75
150 6.75
55
150
150
Threshold 5: Expose sensitive receptors to substantial pollutant concentrations; or
Threshold 6: Create objectionable odors affecting a substantial number of people.
Impact: Conflict with or obstruct implementation of the applicable air quality plan.
Development of the proposed SPA Plan and Composite TM is not consistent with the growth
projections of the local regional air quality plan, which represents a direct, significant impact
(Section 5.11, page 5-256).
EXDlanation:
While the project conforms to may of the measures included in the RAQS "Criteria to Guide the
Development of Transportation Control Measures," the proposed SPA Plan project is not
consistent with the growth projections of the local regional air quality plan; which is a significant
impact. Because the significant air impact stems from an inconsistency between the proposed
SPA Plan and the growth projections upon which the RAQS were based, the only measure that
can lessen this effect is the review and revision of the RAOS to reflect the general plan with the
proposed project. This effort is the responsibility of SANDAG and San Diego APCD and is
outside the jurisdiction of the City. Revisions to SANDAG's RTP are anticipated in 2007.
Mitiaation Measures:
Mitigation of this planning impact would require the updating of the RAQS to reflect the General
Plan with the proposed project. This effort is the responsibility of SANDAG and outside the role
of the City of Chula Vista.
Findina:
Implementation of this mitigation requires the revision of the RAOS. This is the responsibility of
SANDAG and outside the jurisdiction of the City. Therefore, pursuant to section 15091 (a)(2) of
the State CEQA Guidelines, such changes or alterations are within the responsibility and
jurisdiction of another public agency and not the agency making the finding. Such changes can
and should be adopted by such other agency.
47
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Impact: Violate any air quality standard or contribute substantially to an existing or
projected air quality violation or result in a cumulatively considerable net increase of any
criteria pollutant for which the project region is non-attainment.
Implementation of the proposed SPA Plan and Composite TM will introduce new sources of air
emissions to the San Diego Air Basin (SDAB), which is a non-attainment area. In addition,
development of the project will result in a short-term. direct air quality impact from dust
generated during construction activities, fumes, and equipment exhaust. Since the region is not
in compliance with the PM10 standard and because the average daily emission is anticipated to
increase with implementation of the SPA Plan, impacts are significant. PM,o emissions result
from construction of projects and from daily operations in the City. The mitigation measures
detailed below will reduce PM10 from construction activities. Until the region is in compliance
with the PM,o and Ozone standards, impacts from operations remain significant.
Exolanation:
As shown in Table 5.11-7 and Table 5.11-8 of the EIR, the proposed SPA Plan will result in a
cumulatively significant long-term contribution to regional PM10 and ozone levels as a result of
projected emissions of RaG, an ozone precursor. In addition, the proposed SPA Plan will also
result in a short-term significant fugitive dust impact as a result of emissions stemming from
construction.
Mobile and stationary emissions emitted to the SDAB as a result of implementing the proposed
SPA Plan is expected to exceed the SCAQMD and the SDAPCD incremental thresholds for
PM1O, carbon monoxide, and the ozone precursors NOx and RaGs, as shown in Table 5.11-8
the EIR. As such, significant air quality impacts are anticipated due to mobile sources as a result
of implementation of the project.
For area source emissions alone, only RaG is anticipated to exceed the applicable thresholds.
However, as shown in Table 5.11-8, the total emissions resulting from vehicular traffic and on-
site area sources are projected to exceed applicable thresholds for PM10 and ozone precursors.
Consequently, occupancy of the proposed project is expected to result in significant air quality
impacts.
Because the region is not in compliance with the state PM10 standard, the operational impacts of
the development of the land uses associated with the SPA Plan represent a significant
cumulative air impact. The following mitigation measures are feasible and are required as a
condition of approval and are made binding through these findings. Until the region is in
compliance with the PM10 and Ozone standards, impacts from operations remain significant.
As the SDAB is in attainment for carbon monoxide, the projected maximum quarterly emission
levels for that pollutant will not cause the region to exceed any applicable federal or state
ambient air quality standards.
48
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Mitiaation Measures:
The following mitigation measures are feasible and are required as a condition of approval and
are made binding on the applicant through these findings (EIR, Subchapter 5.11, page 5-263).
5.11-1 Prior to the approval of building permits for each phase of the project, the applicant(s)
shall demonstrate that air quality control and energy conservation measures outlined in
the Sectional Planning Area (SPA) Plan Air Quality Improvement Plan pertaining to the
design, construction, and operational phases of the project have been implemented.
5.11-2 Prior to the approval of any grading permit, the following measures shall be placed as
notes on all grading plans, and shall be implemented during grading of each phase of
the project to minimize construction emissions:
. Minimize simultaneous operation of multiple construction equipment units;
. Use low pollutant-emitting equipment construction equipment as practical;
. Use electrical construction equipment as practical:
. Use catalytic reduction for gasoline-powered equipment;
. Use injection timing retard for diesel-powered equipment;
. Water the construction areas a minimum of twice daily to minimize fugitive dust;
. Stabilize graded areas as quickly as possible to minimize fugitive dust;
. Pave permanent roads as quickly as possible to minimize dust;
. Use electricity from power poles instead of temporary generators during building, as
feasible;
. Apply chemical stabilizer or pave the last 100 feet of internal travel path within the
construction site prior to public road entry;
. Install wheel washers adjacent to a paved apron prior to vehicle entry on public roads;
. Remove any visible track-out into traveled public streets within 30 minutes of
occurrence;
. Wet wash the construction access point at the end of each workday if any vehicle travel
on unpaved surfaces has occurred;
49
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. Provide sufficient perimeter erosion control to prevent washout of silty material onto
public roads;
. Cover haul trucks or maintain at least 12 inches of freeboard to reduce blow-off during
hauling; and
. Suspend all soil disturbance and travel on unpaved surfaces if winds exceed 25 mph.
Findina:
Pursuant to section 15091 (a)(3) of the State CEQA Guidelines, specific economic, social, or
other considerations make infeasible the mitigation measures or project alternatives identified in
the EIR. While mitigation measure 5.11-1 and 5.11-2 are feasible and will be completed, they
do not substantially lessen the significant environmental effect as identified in the final EIR.
Because there are no applicable or feasible mitigation measures within the control of the City to
reduce mobile source emissions to below a level of significance, those operation-related
impacts to air quality would remain significant and unmitigated. Adoption of a Statement of
Overriding Consideration will be required should the decision makers choose to approve the
proposed project.
NOISE
Thresholds of Significance:
Threshold 1: Expose persons to or generation of noise levels in excess of standards
established in the Chula Vista General Plan or noise ordinance, or applicable
standards of other agencies;
Threshold 2: Expose persons to or generation of excessive ground borne vibration or
ground borne noise levels;
Threshold 3: Result in a substantial permanent increase in ambient noise levels in the project
vicinity above levels existing without the project;
Threshold 4: Result in a substantial temporary or periodic increase in ambient noise levels in
the project vicinity above levels existing without the project;
Threshold 5: For a project located within an airport land use plan or, where such a plan has
not been adopted, within two miles of a public airport or public use airport,
expose people residing lor working in the project area to excessive noise; or
Threshold 6: For a project within the vicinity of a private airstrip, expose people residing or
working in the project area to excessive noise levels.
Impact: Expose persons to or generation of noise levels in excess of standards
established in the Chula Vista General Plan or noise ordinance, or applicable standards
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of other agencies or Result in a substantial permanent increase in ambient noise levels
in the project vicinity above levels existing without the project
Construction activities would create short-term noise increases near construction areas.
Additionally, traffic-generated noise along Olympic Parkway, Birch Road, La Media Road,
Heritage Road, and several internal streets will cause a significant direct noise impact on
proposed residential uses within the project area. Noise levels from active uses associated with
the high school stadium and the proposed community park, and from traffic noise from the
industrial uses may exceed noise level standards and impact the adjacent residential uses
(Section 5.12, pages 5-269 through 5-281).
Explanation:
Potential sources of noise related to the proposed project include construction noise, traffic
generated noise, noise from activities at the high school, noise from the community park, and
noise from industrial uses.
Construction activities, especially heavy equipment, would create short-term noise increases
near construction areas. However, compliance with the existing City's Municipal Code would
reduce this impact to below a level of significance.
Noise within the proposed SPA Plan area would be affected by traffic on Olympic Parkway,
Birch Road, La Media Road, Heritage Road, and several internal streets. The traffic on area
streets could generate noise levels greater than the City's residential exterior standard of 65
CNEL at adjacent ground-level sensitive receptors, which could cause a significant impact
without mitigation.
Proposed residential units to the south of the high school stadium would be affected by activities
at the stadium. Exterior noise levels at receivers 2 through 8 in Village 2 are projected to exceed
65 CNEL. This could cause a significant impact without mitigation.
Active uses in the community park are not expected to exceed noise ordinance standards for
Village Two to the north. However, noise levels may exceed standards for the residential zone
to the south of the park. This could cause a significant impact without mitigation.
Traffic noise levels are not projected to exceed 75 CNEL in industrial use areas. Noise levels
produced on the industrial properties have the potential to affect adjacent residential uses and
adjacent wildlife. Depending on the specifics of the industrial uses, this may be a significant
impact.
Mitiaation Measures:
The following mitigation measures are feasible and are required as a condition of approval and
is made binding on the applicant through these findings (EIR, Subchapter 5.12, page 5-281
through 5-284).
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5.12-1 Noise barriers shall be constructed as shown on Figure 5.12-4 of the EIR with the
following provisions:
. Prior to the issuance of any building permit for those lots within the noise contour
of 65 CNEL or greater, the applicant(s) shall construct the noise barriers as
shown on Figure 5.12-4. Required barrier heights may be achieved through the
construction of walls, berms, or wall/berm combinations. With the construction of
barriers ranging from three to six feet along the edge of pad or top of slope as
shown in Figure 5.12-4, noise levels at all ground-floor residential usable areas
and the community park site would be at or below 65 CNEL. As indicated in
Figure 5.12-4, the noise barrier adjacent to the community park may begin just
north of the anticipated driveway at the southeast of the park.
A site design for the multi-family residential area is not available at this time.
Mitigation of any exterior use areas could also be achieved through the site
design by placing the exterior use areas on the sides of the building opposite the
major project roadways (Olympic Parkway, Heritage Road and La Media Road).
This would ensure that these areas are adequately shielded from roadway noise.
. Prior to issuance of the rough grading permit noise barriers shall be shown on
wall and fence plans to the satisfaction of the Director of Building and Planning
and the Environmental Review Coordinator.
5.12-2 Prior to approval of building permits for single-family areas where second floor exterior
noise levels exceed 65 CNEL, an acoustical analysis shall be performed ensuring that
interior noise levels due to exterior sources will be at or below 45 CNEL. Building plans
will be available during design review and will permit the accurate calculation of
transmission loss for habitable rooms. (lots 1 through 4, 6, 7 and 9 through 17 in R-6;
lots 103, 104, 114, 115, and 129 in R5; lots 11, 12 [or 25-C if this lot will have a building]
and 34 in R-25; and lots 3, 5 through 9, 11, 12, 14, 19 and 20 in R-4.) For these lots, it
may be necessary for the windows to be able to remain closed to ensure that interior
noise levels meet the interior standard of 45 CNEL. Consequently, the design for these
units may need to include a ventilation or air conditioning system to provide a habitable
interior environment with the windows closed based on the results of the interior
acoustical analysis.
5.12-3 As stated in Title 24 of the State Building Code, prior to approval of design review
permits for multi-family areas where first and/or second floor exterior noise levels exceed
60 CNEL, an acoustical analysis shall be performed ensuring that interior noise levels
due to exterior sources will be below 45 CNEL. Building plans will be available during
design review and will permit the accurate calculation of transmission loss for habitable
rooms. (Portions of Neighborhoods R-14, MU-3, R-30, R-13, and R-12.) For these
areas, it may be necessary for the windows to be able to remain closed to ensure that
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interior noise levels meet the interior standard of 45 CNEL. Consequently, the design for
buildings in these areas may need to include a ventilation or air conditioning system to
provide a habitable interior environment with the windows closed based on the results of
the interior acoustical analysis.
Football Stadium Noise
5.12-4 Prior to the issuance of any building permit for Lots 21, 22, 27, 28, 29, 30, and 53
through 57 (see Figure 5.12-3), the applicant(s) shall construct four-foot-high barriers
along the northern property line of the affected lots as shown on Figure 5.12-5.
Communitv Park Noise
5.12-5 Prior to approval of a precise grading plan, an acoustical analysis shall be performed
ensuring that noise levels do not exceed noise ordinance standards.
Industrial Noise
5.12-6 Prior to the issuance of a building permit for an industrial use on lots adjacent to
residential uses, or adjacent to the Wolf Canyon wildlife area a noise analysis shall be
completed demonstrating that the proposed use will not exceed the noise limits set by
the City's Noise Control Ordinance.
Findina:
As identified in Section 5.0, Subchapter 5.12, Noise, of the EIR, pursuant to section 15091(a)(1)
of the CEQA Guidelines, changes or alterations are required in, or incorporated into, the project
that will substantially lessen or avoid the significant effect as identified in the EIR to a level of
insignificance.
PUBLIC SERVICES AND UTILITIES
POTABLE WATER
Thresholds of Significance:
According to Appendix G of the CEQA Guidelines, the proposed project would have a significant
impact on potable water if it would:
Threshold 1: Require or result in the construction of new water treatment facilities or
expansion of existing facilities, the construction of which could cause significant
environmental effects.
Threshold 2: Have insufficient water supplies available to serve the project from existing
entitlements and resources, or require new or expanded entitlements needed.
Threshold 3: As part of its General Plan, the City has adopted a Growth Management
Ordinance (Chapter 19.09) that imposes water threshold standards and requires
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all major development projects to prepare a WCP. A copy of the SPA Plan WCP
is available for public review at the City of Chula Vista, Planning and Building
Department, 430 F Street, Chula Vista, California, and incorporated by reference
in this EIR. These threshold standards are established to ensure that adequate
storage, treatment, and transmission facilities are constructed concurrently with
planned growth.
Therefore, impacts to potable water would be significant if the proposed project would exceed
City threshold standards which .seek to ensure that adequate supplies of quality water,
appropriate for intended use, are available. The standards require the following actions:
. The applicant must request and deliver to the City service availability letters from the
appropriate water district for each project at the tentative map level.
. The applicant is required to submit a Water Conservation Plan along with a SPA Plan
application.
. The project plans shall ensure an adequate supply of water on a long-term basis prior to
the development of each Otay Ranch SPA.
Impact:
The proposed SPA Plan would result in an incremental increase in water consumption and
place additional demands on water storage and pumping facilities. If the liD water transfer and
other agreements are invalidated, a direct, significant water supply impact would result (Section
5.13, pages 5-301 through 5-309).
Explanation:
The WSAV Report prepared by Dexter Engineering for the proposed SPA Plan indicated that
the increase in water demand is consistent with the projected water demand included in the
OWD 2000 UWMP and the WRMP. The same finding can also be made under the OWD 2005
UWMP. The WSAV Report relied on water supply forecasts based on the projected potable
water demands supplied with imported water received from SDCWA. However, the SDCWA
relies in part on the liD water transfer and other agreements that are being challenged in court.
As a result, the assumption that the liD water transfer and other agreements will be available is
questionable due to litigation uncertainty, and it is possible that the identified water supplies may
not be available as anticipated, despite the urban water management planning conducted by
MWD, SDCWA, and OWD. If the litigation were to invalidate identified and available water
supplies, a direct, significant water supply impact would result.
Mitiqation Measures:
The following mitigation measures are feasible and are required as a condition of approval and
are made binding on the applicant through these findings. [EIR, Subchapter 5.13, page 5-310]:
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5.13.1-1
Prior to the approval of the first final map, a final Subarea Master Plan (SAMP)
shall be required for the project. The SAMP shall include the following:
. Existing pipeline locations, size, and capacity
. The proposed points of connection and system
. The estimated water demands and/or sewer flow calculated
. Governing fire department's fire flow requirements (flow rate, duration,
hydrant spacing, etc)
. Agency's Master Plan
. Agency's planning criteria (see Sections 4.1 through 4.3 of the Water
Agencies' Standards)
. Water quality maintenance
. Size of system and number of lots to be served
Water facilities improvements shall be financed or installed on-site and off-site in accordance
with the SAMP.
5.13.1-2
Prior to the approval of the first final map, the applicant(s) shall secure and agree
with the Otay Water District to construct all potable water facilities (on-site and
off-site) required to serve the project. These water facilities improvements shall
be financed or installed on-site and off-site in accordance with the fees and
phasing in the approved Public Facilities Finance Plans for the SPA Plan.
Findina:
While mitigation measure 5.13-1 and 5.13-2 are feasible and will be completed, they do not
substantially lessen the significant environmental effect as identified in the final EIR. The water
supply impact remains significant because the issue of availability of water that was relied on to
determine that there will be a sufficient supply is currently being litigated. Until the resolution of
those actions, the anticipated water supply is not assured. The resolution of this issue is
outside of the purview of the City. Because there are no applicable or feasible mitigation
measures within the control of the City to reduce mobile water supply impacts to below a level of
significance, those impacts remain significant and unmitigated. Pursuant to section 15091(a)(3)
of the State CEQA Guidelines, specific economic, social, or other considerations make
infeasible the mitigation measures or project alternatives identified in the EIR. As described in
the Statement of Overriding Considerations, however, the City Council has determined that
these impacts are acceptable because of specific overriding considerations.
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RECYCLED WATER
Thresholds of Significance:
Threshold 1: Require or result in the construction of new water treatment facilities or
expansion of existing facilities, the construction of which could cause significant
environmental effects; or
Threshold 2: Have insufficient water supplies available to serve the project from existing
entitlements and resources, or require new or expanded entitlements.
Threshold 3: As part of its General Plan, the City has adopted a Grow1h Management
Ordinance (Chapter 19.09) that imposes water threshold standards and requires
all major development projects to prepare a WCP. A copy of the SPA Plan WCP
is available for public review at the City of Chula Vista, Planning and Building
Department, 430 F Street, Chula Vista, California, and incorporated by reference
in this EIR. These threshold standards are established to ensure that adequate
storage, treatment, and transmission facilities are constructed concurrently with
planned grow1h.
Therefore, impacts to recycled water would be significant if the proposed project would exceed
City threshold standards that seek to ensure that adequate supplies of quality water, appropriate
for intended use, are available. The standards require the following actions:
. The applicant must request and deliver to the City service availability letters from the
appropriate water district for each project at the tentative map level.
. The applicant is required to submit a Water Conservation Plan along with a SPA Plan
application.
. The project plans shall ensure an adequate supply of water on a long-term basis prior to
the development of each Otay Ranch SPA.
Impact:
The proposed project would result in an incremental increase in the use of recycled water and
place additional demands on water storage and pumpin9 facilities. The increase in use of
recycled water has been planned for by the OWD and will not have a significant impact (Section
5.13, page 5-313). However, the impact to recycled water storage and distribution facilities
would be significant if construction of new facilities does not coincide with the development
phasing of the proposed SPA Plan outlines in the project's PFFP.
Explanation:
OWD has master planned a series of pump stations, reservoirs, and transmission lines to
integrate recycled water from the South Bay Reclamation Plant into the existing and future
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recycled water system. Construction of these facilities is estimated to begin in the fall of 2006.
The recycled water system will continue to be supplemented with potable water until the
additional source of recycled water supply from the South Bay Water Reclamation Plant is
available. Therefore, impacts to recycled water storage and distribution facilities would be
significant if construction of new facilities does not coincide with the project's anticipated growth.
Mitiaation Measures:
The following mitigation measures are feasible and are required as a condition of approval and
are made binding on the applicant through these findings. [EIR, Subchapter 5.13.2, page 5-317]
5.13.2-1
Prior to the approval of the first final map, a final Subarea Master Plan shall be
required for the project. The SAMP shall include the following:
. Existing pipeline locations, size, and capacity
. The proposed points of connection and system
. The estimated water demands and/or sewer flow calculated
. Governing fire department's fire flow requirements (flow rate, duration,
hydrant spacing, etc)
. Agency's Master Plan
. Agency's planning criteria (see Sections 4.1 through 4.3 of the Water
Agencies' Standards)
. Water quality maintenance
. Size of system and number of lots to be served
Water facilities improvements shall be financed or installed on-site and off-site in accordance
with the SAMP.
5.13.2-2
Recycled water facility improvements shall be financed or installed on- and off-
site in accordance with the fees and phasing in the approved PFFP for the
Villages Two, Three, and a portion of Four SPA Plan.
Findina:
As identified in Section 5.10, Subchapter 513, of the EIR, pursuant to section 15091(a)(1) of the
CEQA Guidelines, changes or alterations are required in, or incorporated into, the project that
will substantially lessen or avoid the significant effect as identified in the EIR to a level of
insignificance.
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SEWER
Thresholds of Significance:
Threshold 1: Result in a determination by the wastewater treatment provider which serves or
may serve the project that it has inadequate capacity to serve the project's
projected demand in addition to the provider's existing commitments;
Threshold 2: Require or result in the construction of new wastewater treatment facilities or
expansion of existing facilities, the construction of which could cause significant
environmental effects; and
Threshold 3: As part of its General Plan, the City has adopted a Growth Management
Ordinance (Chapter 19.09) that imposes wastewater threshold standards that
require the following:
Sewage Flows and volumes shall not exceed City Engineering Standards as set forth in the
Subdivision Manual adopted by City Council Resolution Number 11175 on February 12, 1983,
as may be amended from time to time. A copy of the Subdivision Manual is available for public
review at the City of Chula Vista, Planning and Building Department, 430 F Street, Chula Vista,
California.
The City shall annually provide the San Diego Metropolitan Sewer Authority with a 12- to 18-
month development forecast and request confirmation that the projection is within the City's
purchases/capacity rights and an evaluation of their ability to accommodate the forecast and
continuing growth, or the City Engineering Department staff shall gather the necessary data.
Impact:
Development of the proposed SPA Plan and Composite TM would result in an increase in
sewage generation (Section 5.13, pages 5-325 through 5-327). Based on this increase,
development of the proposed SPA Plan will require the construction of gravity sewer line to
handle increased flow. In addition, Village Three will be served by constructing a gravity sewer
line in Heritage Road and connecting to the Wolf Canyon/Salt Creek Interceptor. The
development of Village Three cannot occur until the construction of this gravity sewer line is
completed.
EXDlanation:
The proposed SPA Plan would require the construction of new wastewater conveyance
facilities. Construction of these conveyance facilities would occur in conformance with the
phasing plan in the proposed project's PFFP. Until the sewer line in Heritage Road is
constructed, development within Village Two will be limited so as not to exceed the excess
capacity in the Poggi Canyon Interceptor sewer. Similarly, development of Village Three cannot
proceed until the Heritage Road connection to the Salt Creek Interceptor is complete.
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Mitiaation Measures:
The following mitigation measures are feasible and are required as a condition of approval and
are made binding on the applicant through these findings. [EIR, Subchapter 5.13.3, page 5-327]
5.13.3-1
Sewer facility improvements shall be financed or installed on-site and off-site in
accordance with the fees and phasing in the approved Public Facilities Financing
Plan.
5.13.3-2
Prior to the recordation of the first Final Map or grading permit that creates any
parcel located within the Wolf Canyon/Salt Creek Sewer Basin, the City Engineer
shall be satisfied that the connections to the gravity sewer system from the
southern portion of Village Two have been designed and secured to convey flow
to Heritage Road and southerly to the Salt Creek Interceptor.
5.13.3-3
In order to ensure the timely construction of the Heritage Road regional facility,
prior to the first final map that creates any parcel located within the Wolf
Canyon/Salt Creek Sewer Basin, the necessary right-of-way for constructing full
street improvements within the SPA Plan boundary shall be granted to the City.
Findina:
As identified in Section 5.0, Subchapter 5.13, of the EIR, pursuant to section 15091 (a)(1) of the
CEQA Guidelines, changes or alterations are required in, or incorporated into, the project that
will substantially lessen or avoid the significant effect as identified in the EIR to a level of
insignificance.
LAW ENFORCEMENT
Thresholds of Significance:
Threshold 1: Result in substantial adverse physical impacts associated with the provision of
new or physically altered governmental facilities, need for new or physically
altered governmental facilities, the construction of which could cause significant
environmental impacts, in order to maintain acceptable service ratios, response
times, or other performance objectives for police protection services.
Threshold 2: Additionally, according to the City's Threshold Standards Policy, the project
would have a significant impact on police services if it:
. Exceeds the City's threshold standards to respond to Priority One emergency calls
throughout the city (within seven minutes in 81 percent of the cases and an average
response time to all Priority One calls of 5.5 minutes or less).
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. Exceeds the City's threshold standards to respond to Priority Two urgent calls
throughout the city (within seven minutes in 57 percent of cases and an average
response time to all Priority Two calls of 7.5 minutes or less).
Impact:
Development of the proposed SPA Plan and the Composite TM would result in a direct,
significant impact to law enforcement because of the predicted increase in calls for service and
the additional travel time required to respond to these calls (Section 5.13, page 5-333).
Exolanation:
The Police Department is currently meeting the threshold standards for Priority One calls, but
not meeting the threshold standards for Priority Two calls. Development of the proposed project
would result in an incremental increase in calls for police service. Given the location of the
project, officers would be required to travel additional distances to respond to calls for service.
Increased travel time lengthens response time.
Mitiaation Measures:
The following mitigation measures are feasible and are required as a condition of approval and
are made binding on the applicant through these findings. [EIR, Subchapter 5.13.5, page 5-
334].
5.13.5-1
Prior to the approval of each building permit, the applicant(s) shall pay Public
Facilities Development Impact Fees (PFDIF). The proposed Public Facilities
Financing Plan describes public facilities fees for police services based on
equivalent dwelling units by development phase. The applicant(s) shall pay the
public facilities fees at the rate in effect at the time building permits are issued.
5.13.5-2
The City of Chula Vista shall continue to monitor the Chula Vista Police
Department responses to emergency calls and report the results to the Growth
Management Oversight Committee on an annual basis.
Findina:
As identified in Section 5.10, Subchapter 5.13, of the EIR, pursuant to section 15091(a)(1) of the
CEQA Guidelines, changes or alterations are required in, or incorporated into, the project that
will substantially lessen or avoid the significant effect as identified in the EIR to a level of
insignificance.
FIRE PROTECTION
Thresholds of Significance:
Threshold 1: Result in substantial adverse physical impacts associated with the provision of
new or physically altered governmental facilities, need for new or physically
altered governmental facilities, the construction of which could cause significant
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environmental impacts, in order to maintain acceptable service ratios, response
times or other performance objectives for any of the fire protection and
emergency services.
Threshold 2: Additionally, the City's Threshold Standards Policy states that the proposed
project would have a significant impact on fire protection services if it would:
. Reduce the ability to respond to calls throughout the City within the City's
threshold standard to respond to calls within seven minutes in 80 percent of the
cases.
Impact:
The Chula Vista Fire Department does not currently meet the threshold standard for response
time for the City, including the Otay Ranch community. However, as population growth in the
service area warrants, fire stations would be constructed within Village Nine of the Otay Valley
parcel and within Village Thirteen of the Proctor Valley parcel to help ensure GMOC threshold
standards are met. Implementation of the proposed SPA Plan will result in direct, significant
impacts if construction of these facilities does not coincide with the increase in demand (Section
5.13, pages 5-335 through 5-336).
EXDlanation:
The Chula Vista Fire Department currently exceeds the threshold standards established for
response time. Increased response time is attributable, in part, to increased travel time, which
results from responding to freeway incidents; the lower density, hilly terrain; and the more
circuitous non-grid nature of many streets in new residential developments in eastern Chula
Vista, which includes the SPA Plan area. According to the Fire Station Master Plan, a nine-
station network at General Plan buildout is needed to maintain compliance with the threshold
standard. These stations would help ensure adequate service within the requirements of the
GMOC threshold standards. Impacts to fire and emergency medical services would be
significant if construction of these facilities does not coincide with the project's anticipated
population growth and increased demand for services.
Mitiaation Measures:
The following mitigation measures are feasible and are required as a condition of approval and
are made binding on the applicant through these findings. [EIR, Subchapter 5.13, page 5-336]
5.13.6-1
Prior to the approval of each building permit, the applicant(s) shall. pay Public
Facilities Development Impact Fee (PFDIF) at the rate in effect at the time of
building permit issuance.
5.13.6-2
The City of Chula Vista shall continue to monitor Chula Vista Fire Department
responses to emergency fire and medical calls and report the results to the
Growth Management Oversight Committee on an annual basis.
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Findina:
As identified in Section 5.10, Subchapter 5.13, of the EIR, pursuant to section 15091 (a)(1) of the
CEQA Guidelines, changes or alterations are required in, or incorporated into, the project that
will substantially lessen or avoid the significant effect as identified in the EIR to a level of
insignificance.
SCHOOLS
Thresholds of Significance:
Threshold 1: Result in substantial adverse physical impacts associated with the provision of
new or physically altered governmental facilities, need for new or physically
altered governmental facilities, the construction of which could cause significant
environmental impacts, in order to maintain acceptable service ratios, response
times or other performance objectives for educational facilities services.
Threshold 2: According to the Otay Ranch GDP, impacts would be significant if the proposed
SPA Plan project locates schools:
. In areas where disturbing factors such as traffic hazards, airports, or other incompatible
land uses are present;
. In areas where they are not integrated into the system of alternative transportation
corridors, such as bike lanes, riding and hiking trails, and mass transit;
. Where private elementary and secondary schools are not spaced far enough from public
schools and each other to prevent an overconcentration of school impacts:
. Without at least 10 usable acres for an elementary school;
. Without a central location to residential development:
. Adjacent to a street or road which cannot safely accommodate bike, foot, and vehicular
traffic;
. In areas not adjacent to parks, thereby discouraging joint field and recreation facility
uses;
. At an unsafe distance (as required by law) from contaminants or toxins in the soil or
groundwater from landfills, fuel tanks, agricultural areas, power lines, utility easements,
and so on; or
. Inside of floodplains; on unstable soils; or near fault lines.
Impact:
Project implementation would result in a direct, significant impact to schools unless construction
of facilities coincide with student generation and associated service demands (Section 5.13,
pages 5-338 through 340).
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EXDlanation:
The proposed project is expected to generate approximately 1,515 students between
elementary, middle school, and high school grades as shown on Table 5.13-18 of the EIR.
Proposed development and the projected increase in the number of elementary, middle school,
and high school students would have a significant impact on the existing schools since they are
already near capacity. According to the adopted Otay Ranch GDP School Facility
Implementation Plan, schools are planned to be constructed at the time that 50 percent of the
projected students reside in the community. Potentially direct, significant impacts to school
services would result if construction of new facilities does not coincide with need.
Mitiaation Measures:
Provision of school facilities is the responsibility of the school district when additional demand
warrants. Government Code 65995(b) provides that the statutory fees are the exclusive means
of considering as well as mitigating for school impacts. It does not just limit the mitigation that
may be required, but also limits the scope of review and the findings to be adopted for school
impacts. Once the statutory fee is imposed, the impact would be mitigated because of the
provision that statutory fees constitute full and complete mitigation. Therefore, implementation of
the mitigation measures set forth below would reduce the impact to schools to below a level of
significance for the proposed SPA Plan and the Composite TM. The following mitigatian
measures are feasible and are required as a condition of approval and are made binding on the
applicant through these findings [EIR Subchapter 5.13.7, page 5-341].
5.13.7-1
Prior to the issuance of building permits, the applicant(s) shall pay all required
school mitigation fees or enter into an agreement to help finance the needed
facilities and services for the Chula Vista Elementary School District to the
satisfaction of the School District.
5.13.7-2
Prior to the issuance of building permits, the applicant(s) shall pay all required
school mitigation fees or enter into an agreement to help finance the needed
facilities and services for the Sweetwater Union High School District to the
satisfaction of the School District.
Findina:
As identified in Section 5.10, Subchapter 5.13, of the EIR, pursuant to section 15091 (a)(1) of the
CEQA Guidelines, changes or alterations are required in, or incorporated into, the project that
will substantially lessen or avoid the significant environmental effect as identified in the EIR to a
level of insignificance.
LIBRARY SERVICE
Thresholds of Significance:
Threshold 1: Result in substantial adverse physical impacts associated with the provision of
new or physically altered governmental facilities, need for new or physically
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altered governmental facilities, the construction of which could cause significant
environmental impacts, in order to maintain acceptable service ratios, response
times or other performance objectives for library services.
Threshold 2: Additionally, the City's Threshold Standards Policy states that the proposed
project would have a significant impact on library services if it would fail to meet
the City's threshold standard of 500 gross square feet of library space,
adequately equipped and staffed, per 1,000 population.
Impact:
There is currently a shortfall of approximately 6,500 square feet of library space in the city. The
projected increase in population associated with the proposed SPA Plan would result additional
demands on library services. Direct, significant impacts to library services would result if
construction of new library facilities does not coincide with need (Section 5.13, pages 5-342
through 5-343).
Explanation:
Implementation of the proposed SPA Plan project and Composite TM would generate a greater
population and would, therefore, require additional library facilities. An estimated population
increase of 8,458 people corresponds to an increased library demand of 4,250 square feet. A
potentially significant impact would result from the development of the proposed SPA Plan and
the Composite TM if construction of new library facilities and provision of additional documents
does not coincide with project implementation and associated population growth.
Mitiaation Measures:
The following mitigation measure is feasible and is required as a condition of approval and is
made binding on the applicant through these findings. [EIR, Subchapter 5.13.8, page 5-343].
5.13.8-1 Prior to approval of each building permit, the applicant(s) shall pay Public Facilities
Development Impact Fees. Prior to the issuance of building permits, Applicants shall
pay required Public Facility Development Impact fees at the rate in effect at the time
of permit issuance.
Findina:
As identified in Section 5.10, Subchapter 5.13, of the EIR, pursuant to section 15091 (a)(1) of the
CEQA Guidelines, changes or alterations are required in, or incorporated into, the project that
will substantially lessen or avoid the significant environmental effect as identified in the EIR to a
level of insignificance.
PARKS AND RECREATION
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Thresholds of Significance:
Threshold 1: Requires the construction or expansion of recreational facilities which might have
an adverse physical effect on the environment;
Threshold 2: Increases the use of existing neighborhood and regional parks or other
recreational facilities such that substantial physical deterioration of the facility would occur or be
accelerated;
Threshold 3: The City's Threshold Standards Policy states that the proposed project would
have a significant impact on parks and recreation services if it fails to meet the City's threshold
standard of dedicating three acres of neighborhood and community parkland per 1,000
residents.
Impact:
Implementation of the proposed SPA Plan and the Composite TM would generate increased
demand for parks and recreation facilities. A direct, significant impact could result if dedication
of parkland and construction of new facilities does not coincide with project implementation and
project population growth (Section 5.13, pages 5-345 and 5-346).
Explanation:
The proposed SPA Plan area is required to provide 25.4 acres of community/neighborhood
parkland. The proposed SPA Plan meets these requirements by providing a centrally located
7.1-acre Neighborhood Park, a 6.9-acre Neighborhood Park in the eastern area of the village, a
1.4-acre Town Square in the Village Core, and 44.2 (net) acres of Community Park in a portion
of Village Four for a total of 59.6 acres. However, if construction of new facilities does not
coincide with the increase in demand as a result of implementation of the proposed SPA Plan,
impacts would be significant.
Mitioation Measures:
The following mitigation measure is feasible and is required as a condition of approval and is
made binding on the applicant through these findings. [EIR, Subchapter 5.13.9, page 5-346].
5.13.9-1 Prior to the approval of the first final map, the applicant(s) shall dedicate
neighborhood and community parkland. Prior to approval of the final map, or for
projects not requiring a final map, prior to building permit, the applicant(s) shall pay
park development fees; and prior to building permit the applicant(s) shall pay
recreation development impact fees in accordance with the fees and phasing
approved in the Public Facilities Financing Plan for the SPA Plan.
Findina:
As identified in Section 5.13, Subchapter 5.13.9, of the EIR, pursuant to section 15091 (a)(1) of
the CEQA Guidelines, changes or alterations are required in, or incorporated into, the project
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that will substantially lessen or avoid the significant environmental effect as identified in the EIR
to a level of insignificance.
HAZARDS/RISK OF UPSET
Thresholds of Significance:
Threshold 1: Is located on a site that is included on a list of hazardous materials sites
compiled pursuant to Government Code Section 65962.5 and, as a result, a
significant hazard to the pUblic or the environment would be created;
Threshold 2: Creates a significant hazard to the pUblic or the environment through the routine
transport, use, or disposal of hazardous materials;
Threshold 3: Creates a significant hazard to the public or the environment through reasonably
foreseeable upset and accident conditions involving the release of hazardous
materials into the environment;
Threshold 4: Emits hazardous emissions or handle hazardous or acutely hazardous materials,
substances, or waste within one-quarter mile of an existing or proposed school;
Threshold 5: Is located within an airport land use plan or, where such a plan has not been
adopted, within two miles of a public airport or public use airport and would result
in a safety hazard for people residing or working in the project area;
Threshold 6: Is located within the vicinity of a private airstrip and would result in a safety
hazard for people residing or working in the project area;
Threshold 7: Impairs implementation of or physically interferes with an adopted emergency
response plan or emergency evacuation plan;
Threshold 8: Exposes people or structures to a significant risk or loss, injury, or death
involving wildland fires, including where wildlands are adjacent to urbanized
areas.
Impacts related to hazards were identified in the Otay Ranch GDP Program EIR. Because the
EIR is a second tier of the Otay Ranch GDP Program EIR, the impacts identified in the Program
EIR will also serve as the thresholds for determining impacts related to public health and safety
for the propose SPA Plan.
Threshold 9: Increase in urbanization would result in an increase in the uses, transport,
storage, and disposal of hazardous waste materials and an associated increase
in the risk of an upset condition in the area. Mitigation involves adherence to
federal, state, and local laws and regulation regarding hazardous materials, and
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emergency evacuation routes. Impacts would be reduced to levels below
significance.
Threshold 10: Historic use of pesticides which would result in soil contamination and health
effects. Mitigation involves conducting soil testing in appropriate areas. Impacts
would be reduced to levels below significance.
Impact: Historic use of pesticides which would result in soil contamination and health
effects .
The project will result in a direct impact to public health and safety due to soil contamination at
the project site (Section 5.14, pages 5-357 through 5-359).
EXDlanation:
The extent of petroleum hydrocarbons in soil beneath the former UST on Village Two have been
adequately assessed and excavated. Soil samples collected from the bottom and sidewalls of
the excavation do not exhibit TPHg/TPHd concentrations at or above the laboratory detection
limits and are not considered a risk to public safety or the environment. The Phase I ESA
conducted for Village Three concluded that there is a potential for agriculturally developed
portions of the subject property to be impacted by residual agricultural, including soil
augmenting and chemicals. Elevated levels of organochlorine pesticides were present in the
soils at the Village Four site. Fifteen composite soil samples taken from the Village Four
Community Park Site exhibited concentrations of toxaphene exceeding one-quarter of the
residential PRGs. Concentrations of OCPs exceeding residential PRGs are generally limited to
the upper two feet of soil. The concentrations of the pesticides in the soils at the Village Four
Community Park Site would be considered a significant risk to public safety and mitigation
would be required.
Mitiaation Measures:
The following mitigation measures are feasible and are required as a condition of approval and
are made binding on the applicant through these findings. [EIR, Subchapter 5.14, page 5-360].
In addition to implementation of BMPs for the protection of water quality (see Chapter 5.9,
Water Resources and Water Quality), the following mitigation measures are required to reduce
significant impacts associated with the potential exposure to hazardous materials.
Implementation of the proposed SPA Plan and Composite TM could potentially result in public
health and safety impacts related to soil contamination at the project site and would require the
following mitigation:
5.14-1 If soil is to be exported from the site during proposed grading and other construction
activities, it should be characterized prior to proposed off-site use or disposal and
handled in accordance with applicable environmental laws and regulations. In addition,
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contractors performing proposed grading and construction activities should employ
adequate dust control measures to minimize exposure to soil and dust at the site.
5.14-2 If soil exhibiting hydrocarbon staining and/or odors are encountered at the site during
grading and/or construction, the soil should be evaluated by a qualified professional
(such as a professional engineer, registered geologist, or registered environmental
assessor experienced in hazardous waste evaluations) and handled in accordance
with applicable environmental laws and regulations.
Findina:
As identified in Section 5.10, of the EIR, pursuant to section 15091 (a)(1) of the CEQA
Guidelines, changes or alterations are required in, or incorporated into, the project that will
substantially lessen or avoid the significant environmental effect as identified in the EIR to a
level of insignificance.
x.
CUMULATIVE SIGNIFICANT EFFECTS & MITIGATION MEASURES
Cumulative impacts are those which "are considered when viewed in connection with the effects
of past projects, the effect of other current projects, and the effects of probable future projects"
(Pub. Resources Code Section 21082.2 subd. (b)). Several development proposals have been
submitted for consideration or have been recently approved by the City of Chula in proximity of
the project site. These "current or probable future" development proposals can affect many of
the same natural resources and public infrastructure as development of the SPA Plan.
Potentially significant cumulative impacts are associated with development of the project in
conjunction with these surrounding development projects.
In formulating mitigation measures for the project, regional issues and cumulative impacts have
been taken into consideration. Many of the mitigation measures adopted for the cumulative
impacts are similar to the project level mitigation measures. This reflects the inability of the
Lead Agency to impose mitigation measures on surrounding jurisdictions (i.e., City of San
Diego, City of National City, and Caltrans) and the contribution of these jurisdictions to
cumulative impacts. The project, along with other related projects, will result in the following
irreversible cumulative environmental changes. All page numbers following the impacts refer to
pages in the EIR.
The Olay Ranch GDP Program EIR (EIR #90-01) provided a comprehensive examination of the
cumulative impacts associated with buildout of the entire Otay Ranch in conjunction with other
related projects. The proposed SPA Plan project would not substantially change the conclusions
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of the cumulative impact analysis from the Otay Ranch GDP EIR, since the proposed SPA Plan
project is consistent with the adopted GDP for Villages Two, Three, and a portion of Four.
Impact: Land Use, Planning, and Zoning
Implementation of the SPA Plan, in conjunction with buildout of the remaining portions of Otay
Ranch, and other nearby projects, will contribute to the conversion of over 30,000 acres of
undeveloped land to urban uses. The overall loss of agricultural land and change in the
character and use of the site from rural agricultural to urban would have a significant cumulative
land use impact (EIR, Subchapter 5.0, page 5.4), as identified in the GDP Program EIR (EIR
#90-01).
Exolanation:
There are no feasible measures that would mitigate the impact to below a level of significance.
In adopting the Findings of Fact to approve the Otay Ranch GDP, the City Council found that
there are no feasible measures that would mitigate the impact below a level of significant, and a
Statement of Overriding Considerations was adopted. The City Council determined that the
cumulative land use impacts were acceptable because of the specific overriding considerations.
Mitiaation Measures:
The City Council found in adopting the findings to approve the Otay Ranch GDP that there are
no feasible measures that would mitigate the impact of the conversion of land to urban uses to
below a level of significance. Therefore, the SPA Plan, as a project that implements the GDP,
would contribute to this cumulatively significant unmitigable impact.
Findina:
There is no feasible mitigation measure to reduce this impact to below significance. Pursuant to
section 15091 (a)(3) of the State CEQA Guidelines, specific economic, legal, social,
technological, or other considerations make infeasible the mitigation measures or project
alternatives identified in the Final EIR..
Impact: Landform AlterationNisual Quality
Development of the proposed SPA Plan would contribute to a change in the visual quality of the
region. In addition, the project would contribute to the cumulative nighttime impacts identified in
the Otay Ranch GDP EIR.
Exolanation:
The visual quality would be affected by the change in character from a rural to an urban setting
and overall landform alteration. Impacts to the nighttime visual setting would also occur from
the cumulative addition of lights as Otay Ranch and surrounding proposed projects are
implemented.
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Mitiaation Measures:
Cumulative visual impacts related to the change in visual character for the Otay Ranch and
other major projects in the region would remain significant. No mitigation has been identified for
the proposed SPA Plan to reduce this impact, and therefore, the Village Two, Three, and
Portion of Four SPA Plan would result in significant cumulative impacts related to a change in
the visual character of the project area that cannot be fully mitigated.
Findina:
The only mitigation available for this impact is the No Project Alternative. However, this
alternative would not meet the goals and objectives of the proposed project as discussed in
Section 3.3 of the EIR. Therefore. pursuant to section 15091 (a)(3) of the CEQA Guidelines.
specific economic, legal, social, technological, or other considerations make this alternative
infeasible. As described in the Statement of Overriding Considerations, however, the City
Council has determined that these impacts are acceptable because of specific overriding
considerations.
Impact: Biological Resources
Development of the SPA Plan will contribute to a cumulative loss of raptor foraging habitat. The
loss of raptor foraging habitat also was identified as a significant impact in the GDP Program
EIR (EIR #90-01).
Explanation:
The GDP Program EIR (EIR #90-01) identified the loss of raptor foraging habitat as a significant
cumulative impact. The SPA Plan will result in impacts to non-native grasslands and
agricultural lands used by foraging raptors. Therefore. the SPA Plan and Composite TM, as a
project that implements the GDP, will contribute to this significant cumulative impact.
Mitiaation Measures:
The City Council found in adopting the findings to approve the Otay Ranch GDP that there are
no mitigation measures that would reduce the impact of the loss of foraging habitat to below a
level of significance. Adoption of the No Project Alternative is the only means to lessen the
impact to raptor foraging habitat. However, adoption of the No Project alternative would not
achieve any of the objectives of the project as identified in the EIR. The SPA Plan, as a project
that implements the GDP, would contribute to this cumulatively significant unmitigable impact.
Therefore, pursuant to section 15091(a)(3) of the CEQA Guidelines, specific economic, legal,
social, technological, or other considerations make this alternative infeasible. As described in
the Statement of Overriding Considerations, however, the City Council has determined that
these impacts are acceptable because of specific overriding considerations.
Findina:
Pursuant to section 15091 (a)(3) of the CEQA Guidelines, specific economic, legal, social,
technological, or other considerations make this alternative infeasible. Development of the
proposed SPA Plan would contribute to the cumulative loss of raptor foraging habitat identified
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in the approved GDP Program EIR #90-01. Adoption of the No Project Alternative is the only
means to lessen the impact to raptor foraging habitat. However, adoption of the No Project
alternative would not achieve any of the objectives of the project as identified in the EIR. As
described in the Statement of Overriding Considerations, however, the City Council has
determined that these impacts are acceptable because of specific overriding considerations.
Impact: Cultural Resources
Development of the proposed SPA Plan would contribute to a significant cumulative loss of
cultural resources.
Explanation:
The Otay Ranch GDP Program EIR made a Finding of Overriding Considerations, whereby the
benefits of the Otay Ranch project outweigh the significant cumulative impacts to cultural
resources. No new cumulative impacts beyond those previously analyzed in the original GDP
Program EIR (#90-01) would occur from implementation of the project. However, because of
the continuing depletion of the archaeological record through general development, cumulative
impacts to cultural resources would remain significant and unmitigated. As described in the
Statement of Overriding Considerations, however, the City Council has determined that these
impacts are acceptable because of specific overriding considerations.
Mitiaation Measure:
No mitigation has been identified for the proposed SPA Plan to reduce this impact. Therefore,
the SPA Plan would result in significant cumulative impacts related to cultural resources that
cannot be fully mitigated.
Findina:
The only mitigation available for this impact is the No Project alternative. Adoption of the No
Project Alternative does not meet the goals and objectives of the proposed project discussed in
the EIR. Therefore, pursuant to section 15091 (a)(3) of the CEQA Guidelines, specific economic,
legal, social, technological, or other considerations make this alternative infeasible. As
described in the Statement of Overriding Considerations, however, the City Council has
determined that these impacts are acceptable because of specific overriding considerations.
Impact: Agricultural Resources
The loss of agricultural land and land suitable for the production of crops would result in a
significant cumulative impact due to the incremental and irreversible loss or impairment of
limited agricultural resources. Noise, odors, insects, rodents, and chemicals associated with
agricultural operations would create indirect, short-term, potentially significant impacts between
the agricultural uses and urban uses.
Explanation:
Development of the SPA Plan and the Composite TM would result in a significant impact to
agricultural resources, due to the loss of 858.8 acres of Farmland of Local Importance and the
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conversion of 321.72 acres of Grazing Land to urban uses. The loss of this acreage would result
in a significant unavoidable impact due to the incremental and irreversible loss or impairment of
Farmland of Local Importance and Grazing Land. In adopting the Findings of Fact to approve
the Otay Ranch GDP, the City Council found that there are no feasible measures that would
mitigate the impact below a level of significant, and a Statement of Overriding Considerations
was adopted. This impact is identical to that assessed in the Otay Ranch GDP Program EIR
(EIR #90-01). The SPA Plan would not result in any new significant adverse impacts to
agricultural resources, or an intensification of such impacts, that were not analyzed in GDP
Program EIR.
Furthermore, noise, odors, insects, rodents, and chemicals associated with agricultural
operations would create indirect, short-term, potentially significant impacts between the
agricultural uses and urban uses.
Mitiaation Measures:
No mitigation has been identified for the proposed SPA Plan to reduce this impact. Therefore,
the SPA Plan would result in significant cumulative impacts related to agricultural resources that
cannot be fully mitigated.
Findina:
The incremental and cumulative loss of agricultural lands, which was considered a significant
impact in the Otay Ranch GDP Program EIR, remains significant, and no mitigation measures
are available to reduce this impact to below a level of significance. This incremental loss
remains significant and unmitigated. As described in the Statement of Overriding
Considerations, however, the City Council has determined that these impacts are acceptable
because of specific overriding considerations.
Impact: Traffic, Circulation and Access
The proposed project would contribute to significant cumulative traffic impacts on segments of 1-
805 [EIR, Subchapter 5.10, pages 5-228].
Explanation:
The analysis contained in Section 5.10 found that cumulative impacts on 1-805 would remain
significant and unavoidable. LOS F was calculated on 1-805 for individual scenarios and the
project adds traffic to this freeway. All required improvements to 1-805 are the responsibility of
Caltrans and SANDAG.
Mitiaation Measures:
The following mitigation measure is feasible and is required as a condition of approval and is
made binding on the applicant through these findings (EIR, Subchapter 5.10, page 5-234
through 5-242).
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5.10-4 For the following freeway segments, additional lanes would be required to maintain
acceptable LOS. The City of Chula Vista recommends continued freeway planning
efforts and deficiency planning by Caltrans and SANDAG will determine mitigation
strategies for the regional freeway system.
. Northbound 1-805 from Telegraph Canyon Road to East H Street
. Southbound I-80S from East H Street to Telegraph Canyon Road
. Southbound 1-805 from Olympic Parkway to Main Street
. Northbound 1-805 from Olympic Parkway to Telegraph Canyon Road
. Southbound 1-805 from Telegraph Canyon Road to Olympic Parkway
. Southbound 1-805 from Olympic Parkway to Main Street
Findina:
While implementation of the measures described above in addition to adherence with applicable
laws and regulations would reduce significant cumulative impacts to freeway segments below a
level of significance, improvement to 1-805 is the responsibility of SANDAG and outside the
jurisdiction of the City. Therefore, pursuant to section 15091 (a)(2) of the State CEQA
Guidelines, such changes or alterations are within the responsibility and jurisdiction of another
public agency and not the agency making the finding. Such changes can and should be
adopted by such other agency. As described in the Statement of Overriding Considerations,
however, the City Council has determined that these impacts are acceptable because of specific
overriding considerations.
Impact: Air Quality
The proposed project will result in temporary and long-term air quality impacts associated with
construction and operation of the proposed project. Once the proposed project is built out, the
major source of air pollution will be from project-related traffic. The analysis of air quality
impacts contained in Section 5.11 included an analysis of cumulative impacts to air quality and
found that the cumulative impacts related to long-term mobile emissions would be significant.
.'
Explanation:
The region is currently classified as attainment for all criterion pollutants except Ozone. As of
April 15, the region was classified as non-attainment for Ozone as a result of the application of
the eight-hour Ozone standard. Ozone is not emitted directly, but is a result of atmospheric
activity on precursors. Nitrogen oxides and hydrocarbons (reactive organic gases) are known
as the chief "precursors" of ozone. These compounds react in the presence of sunlight to
produce ozone.
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Because of the nature of the formation of ozone, it is a regional issue, rather than a localized
one. The construction of the proposed project represents a cumulatively considerable
contribution to the emission of ozone precursors, and a significant and unavoidable cumulative
air quality impact. This impact is identical to the significant and unmitigable impact to air quality
that was identified and assessed in the GDP Program EIR (EIR #90-01), and overridden in the
City's Statement of Overriding Considerations prepared for the adopted Otay Ranch GDP.
Mitiaation Measures:
No mitigation is available to reduce this cumulatively significant impact to less than significant
levels.
Findina:
Project-related traffic emisSions will exceed the identified significance thresholds for ozone
precursors. There is no feasible mitigation available for this cumulative impact because it is a
regional issue. Therefore, pursuant to section 15091 (a)(3) of the CEQA Guidelines, specific
economic, legal, social, technological, or other considerations make infeasible the mitigation
measures or project alternatives identified in the Final EIR. As described in the Statement of
Overriding Considerations, however, the City Council has determined that these impacts are
acceptable because of specific overriding considerations.
Impact: Public Services and Utilities
WATER
The proposed project plus cumulative development would incrementally increase regional water
consumption, resulting in a significant cumulative impact to water supply.
Explanation:
Cumulative impacts to water supply associated with ongoing development, including the
proposed SPA Plan, are anticipated on a regional scale. The WSA&V report prepared by OWD
for the proposed project relied on water supply forecasts based on the projected potable water
demands supplied entirely with imported water received from the SDCWA. However, the
SDCWA relies in part on a water transfer with the Imperial Irrigation District and the agreement
that provides for the water transfer is being challenged in court. In light of these cases, the
assumption that the liD water transfer water will be available is questionable. Since the liD
water transfer is being challenged, it is possible that the water from liD will not be available as
anticipated. In the absence of this water a significant water supply impact would result.
Mitiaation Measure:
No mitigation is available to reduce this cumulatively significant impact to less than significant
levels.
Findina:
Pursuant to section 15091 (a)(3) of the State CEQA Guidelines, specific economic, social, or
other considerations make infeasible the mitigation measures or project alternatives identified in
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the EIR. The water supply impact remains significant because the issue of availability of water
that was relied on to determine that there will be a sufficient supply is currently being litigated.
Until the resolution of those actions, the anticipated water supply is not assured. The resolution
of this issue is outside of the purview of the City. Because there are no applicable or feasible
mitigation measures within the control of the City to reduce water supply impacts to below a
level of significance, those impacts remain significant and unmitigated. As described in the
Statement of Overriding Considerations, however, the City Council has determined that these
impacts are acceptable because of specific overriding considerations.
XI.
FEASIBILITY OF POTENTIAL PROJECT ALTERNATIVES
Because the project will cause significant environmental effects, as outlined above, the City
must consider the feasibility of any environmentally superior alternative to the project as finally
approved. The City must evaluate whether one or more of these alternatives could avoid or
substantially lessen the significant environmental effects. Where no significant environmental
effects remain after application of all feasible mitigation measures identified in the EIR, the
decision makers must still evaluate the project alternatives identified in the EIR. Under these
circumstances, CEQA requires findings on the feasibility of project alternatives.
In general, in preparing and adopting findings, a lead agency need not necessarily address
feasibility when contemplating the approval of a project with significant impacts. Where the
significant impacts can be mitigated to an acceptable (insignificant) level solely by the adoption
of mitigation measures, the agency, in drafting its findings, has no obligation to consider the
feasibility of environmentally superior alternatives, even if their impacts would be less severe
than those of the projects as mitigated (Laurel Heights Improvement Association v. Regents of
the University of California (1988) 47 Cal.3d 376 [253 Cal.Rptr. 426]; Laurel Hills Homeowners
Association v. City Council (1978) 83 Cal.App.3d 515 [147 Cal.Rptr. 842]; Kings County Farm
Bureau v. City of Hanford (1990) 221 Cal.App.3d 692 [270 Cal.Rptr. 650]). Accordingly, for this
project, in adopting the findings concerning project alternatives, the City Council considers only
those environmental impacts that, for the finally approved project, are significant and cannot be
avoided or substantially lessened through mitigation.
If project alternatives are feasible, the decision makers must adopt a Statement of Overriding
Considerations with regard to the project. If there is a feasible alternative to the project, the
decision makers must decide whether it is environmentally superior to the project. Proposed
project alternatives considered must be ones that "could feasibly attain the basic objectives of
the project." However, the CEQA Guidelines also require an EIR to examine alternatives
"capable of eliminating" environmental effects even if these alternatives "would impede to some
degree the attainment of the project objectives" (CEQA Guidelines, section 15126).
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The City has properly considered and reasonably rejected project alternatives as "infeasible"
pursuant to CEQA. CEQA provides the following definition of the term "feasible" as it applies to
the findings requirement: "feasible means capable of being accomplished in a successful
manner within a reasonable period of time, taking into account economic, environmental, social,
and technological factors" (Pub. Resources Code, section 21061.1). The CEQA Guidelines
provide a broader definition of "feasibility" that also encompasses "legal" factors. CEQA
Guidelines section 15364 states, "the lack of legal powers of an agency to use in imposing an
alternative or mitigation measure may be as great a limitation as any economic, environmental,
social, or technological factor" (see also Citizens of Goleta Valley v. Board of Supervisors
(1990) 52 Cal.3d 553, 565 [276 CaI.RptrA10]).
Accordingly, "feasibility" is a term of art under CEQA and thus may not be afforded a different
meaning as may be provided by Webster's dictionary or any other sources. Moreover, Public
Resources Code section 21081 governs the "findings" requirement under CEQA with regard to
the feasibility of alternatives. Specifically, no public agency shall approve or carry out a project
for which an environmental impact report has been certified which identifies one or more
significant effects on the environment that would occur if the project is approved or carried out
unless the public agency makes one or more of the following findings:
"Changes or alternations have been required in, or incorporated into, the project which avoid or
substantially lessen the significant environmental effect as identified in the final EIR" (CEQA
Guidelines, section 15091, subd. (a)(1)).
"Such changes or alterations are within the responsibility and jurisdiction of another public
agency and not the agency making the finding. Such changes have been adopted by such
other agency or can and should be adopted by such other agency" (CEQA Guidelines, section
15091, subd. (a)(3)).
"Specific economic, legal, social, technological, or other considerations, including provisions of
employment opportunities for highly trained workers, make infeasible the mitigation measures or
project alternatives identified in the final EIR" (CEQA Guidelines, section 15091, subd. (a)(3)).
The concept of "feasibility" also encompasses the question of whether a particular alternative or
mitigation measure promotes the underlying goals and objectives of a project (City of Del Mar v.
City of San Diego (1982) 133 Gal.App.3d 410, 417 [183 Gal. Rptr. 898]). "'[F]easibility' under
CEQA encompasses 'desirability' to the extent that desirability is based on a reasonable
balancing of the relevant economic, environmental, social, and technological factors" (Ibid.; see
also Sequoyah Hills Homeowners Assn. v. City of Oakland (1993) 23 Cal.AppAth 704, 715 [29
Cal.Rptr.2d 182]).
These findings contrast and compare the alternatives where appropriate in order to demonstrate
that the selection of the finally approved project, while still resulting in significant environmental
impacts, has substantial environmental, planning, fiscal, and other benefits. In rejecting certain
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alternatives, the decision makers have examined the finally approved project objectives and
weighed the ability of the various alternative to meet objectives. The decision makers believe
that the project best meets the finally approved project objectives with the least environmental
impact.
The detailed discussion in Section IX and Section X demonstrates that all but seven significant
environmental effects of the project have been either substantially lessened or avoided through
the imposition of existing policies or regulations or by the adoption of additional, formal
mitigation measures recommended in the EIR. The remaining unmitigated impacts are the
following:
. Land Use (cumulative - conversion of the site from undeveloped to intensive urban
uses);
. Landform Alterations/Aesthetics (direct and cumulative - change in visual character of
the site);
. Biological Resources (cumulative - loss of raptor foraging habitat)
. Cultural Resources (cumulative - depletion of the archaeological record)
. Agricultural Resources (cumulative - loss of agricultural lands);
. Air Quality (cumulative - operation-related emissions)
. Public Services and Utilities: Water Supply (cumulative - absence of sufficient water
supply to serve the project)
The GDP Program EIR (EIR #90-01) also identified significant and not mitigated impacts for
land use, agricultural resources, air quality, landform alterations/aesthetics, and biological
resources. The SPA Plan project would contribute to the significant, unmitigated impacts
identified above and by the GDP Program EIR. A Statement of Overriding Considerations was
previously adopted by City Council for the GDP Program EIR, from which the SPA Plan EIR
tiers.
Thus, the City can fully satisfy its CEQA obligations by determining whether any alternatives
identified in the EIR are both feasible and environmentally superior with respect to the impacts
listed above (Laure/ Hills, supra, 83 Cal.App.3d at 519-527 [147 Cal. Rptr842]; Kings County
Farm Bureau v. City of Hanford (1990) 221 Cal.App.3d 692, 730-731 [270 Cal. Rptr. 650]; and
Laure/ Heights Improvement Association v. Regents of the University of California (1988) 47
Cal.3d 376, 400-403 [253 Cal. Rptr. 426]). Table 10-9 in the EIR (EIR, Chapter 10, pages 10-30
through 10-36) provides a summary table comparing each of the alternatives. As the following
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discussion will show, no identified alternative qualifies as both feasible and environmentally
superior with respect to the unmitigated impacts.
To fully account for these unavoidable significant effects and the extent to which particular
alternatives might or might not be environmentally superior with respect to them, these findings
will not focus solely on the impacts listed above, but may also address the environmental merits
of the alternatives with respect to all broad categories of impacts - even though such a far-
ranging discussion is not required by CEQA. The findings will also assess whether each
alternative is feasible in light of the City's objectives for the project.
The City's review of project alternatives is guided primarily by the need to reduce potential
impacts associated with the project, while still achieving the basic objectives of the project.
Here, the City's primary objective is to comprehensively plan, coordinate, and implement
development over a large area. More specific objectives include those previously listed in
Section III. The City evaluated four alternatives to the proposed project, which are discussed
below (No Project/No Development Alternative, Reduced Development Alternative A, Reduced
Development Alternative 8, and Reduced Development Alternative C).
No Project/No Development Alternative
Section 15126, subdivision(e), of the CEQA Guidelines requires the evaluation of the "No
Project" alternative. Such an alternative "shall discuss the existing conditions, as well as what
would be reasonably expected to occur in the foreseeable future if the project were not
approved, based on current plans and consistent with available infrastructure and community
services. "
Under the "No Project/No Development" alternative, the SPA Plan project site would remain as
it is today, and no development would occur. The project site would remain as undeveloped,
agricultural land with residential development to the north and planned future urban
development to the west, east and south.
The proposed SPA Plan project is consistent with the Otay Ranch GDP. The No Project/No
Development alternative would not allow for the development of the SPA Plan as identified in
the Otay Ranch GDP. With respect to the unmitigated impacts discussed in Section 5.0 of the
EIR, the No Project/No Development alternative would not result in direct impacts to landform
alteration, biological resources, cultural resources, geological resources, paleontological
resources, traffic and circulation, air quality, utilities and public services, and hazards/risk of
upset. Cumulative impacts to landform and aesthetics, biological resources, agricultural
resources, transportation and access, and public utilities. However, impacts to land use would
occur because the project would not implement the City's General Plan, MSCP Subarea Plan or
the Otay Ranch GDP, and would not provide housing opportunities within the City. With the No
Project/No Development alternative, the site would not be permanently removed from future
development, since applicable plans for the site identify its development.
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Although the No Project/No Development alternative is considered environmentally preferable to
the proposed project because it would eliminate many direct and cumulative impacts, it would
not accomplish several of the goals and objectives of the proposed project and is therefore not
feasible. Additionally, this alternative would result in land use conflicts because it would not
allow for implementation of the Otay Ranch GDP for Villages Two, Three, and a portion of Four.
FindinQs:
The No Project/No Development alternative would not meet any of the basic project objectives
as listed in Section 3.3, Project Objectives, of the EIR, and in Section III of these Findings of
Fact.
The No Project/No Development alternative would not provide housing, conflicting with the
housing goals of the General Plan, which recommends that housing be provided for all income
groups.
Retention of the project site in its existing state as primarily agricultural fields would be
inconsistent with the approved General Plan and existing Otay Ranch GDP land use
designations for the site. In addition, key subregional traffic routes established in the Circulation
Element would not be implemented.
Retention of the site in its current vacant condition would not implement the goals of the General
Plan and would require re-evaluation of the existing GDP. The project proposes to provide
regional-serving public facilities designated in the community plan, including Circulation Element
roads, parks, open space, water and sewer facilities, and other infrastructure. These facilities
would be needed to support surrounding developments whether the project is implemented or
not. The No Project/No Development alternative would require that these facilities be provided
without the benefit of the dedications and financial participation from private development, which
may delay or preclude facilities from being provided. The reduction in dwelling units would result
in a loss of anticipated contributions into the Public Facilities Financing Plan (PFFP) from the
dwelling units/structures that would otherwise have made payments upon issuance of building
permits. The loss of units under the No Project/No Development alternative would result in a
shortfall of contributions into the PFFP and potentially lead to insufficient funding for the
remaining public facilities currently identified in the PFFP for construction in this area.
The City and County would receive lower long-term revenues in the form of property and sales
tax resulting from the non-development of the proposed residential areas.
Implementation of the No Project/No Development Alternative would not achieve any of the
objectives established for the project. Although this alternative would at least temporarily
preserve land which is currently not developed, agricultural land and other natural features on
the project site, it would amount to a failure to plan the site for eventual development, despite
the planned community designation contemplated by the General Plan GDP.
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The No ProjecVNo Development Alternative is inconsistent with the City's objectives: to plan the
project area in a comprehensive manner in a way that deals with the logical extension of public
services and utilities; to plan for parks and open space to serve residents; to complete the City's
circulation; and to create densities sufficient to pay for all required services and infrastructure.
The alternative also fails to meet objectives favoring an accommodation of future projected
population in an area reasonable close to future job-growth areas within the City, as well as the
construction of affordable housing consistent with the City's goals.
For these reasons, the City Council concludes that the No ProjecVNo Development Alternative
is not feasible (see City of Del Mar, supra, 133 Cal.App3d at 417; Sequoyah Hills, supra, 23
Cal.App.4th at 715).
Reduced Development Alternative A
The Reduced Development Alternative A designates the proposed SPA Plan area for low-
medium residential at three to six dwelling units per acre, distributed around a Village Core,
which includes higher density single- and multi-family residential use, an elementary school site,
a community park site, a mixed-use site, two neighborhood park sites, and research and limited
industrial uses. The detail of this land use is provided in Table 10-2 and the layout is provided in
Figure 10-1 of the EIR.
Impact
The Reduced Development Alternative A would reduce the available housing within the SPA
Plan area by approximately 37 percent relative to the proposed project. The reduction in
available housing within the project area would reduce the ability of the City to meet the
SANDAG-projected need for an additional 20,823 dwelling units by 2010. The lack of housing
concurrent with need as shown in SANDAG forecasts and in the Growth Management Plan
would result in a potentially significant impact.
As a result of the development the Reduced Development Alternative A of the Village Three
portion of the project, significant impacts to CA-SDI-12,291 b, as identified in Section 5.4 of the
EIR, would be avoided. Therefore, as a result of completion of the Reduced Development
Alternative A, no significant impact will result to cultural resources.
The direct impacts to sensitive biological resources under the Reduced Development Alternative
A would be greater than the proposed project's. The current development footprint pursuant to
the adopted Subarea Plan permits an impact to 0.98 acre of Otay tarplant, a narrow endemic
species, containing 25.000 tarplants. Under the proposed project, the project Boundary
Adjustment conserves the estimated 25,000 Otay tarplants that would be otherwise impacted
without the Boundary Adjustment.
The developmeni under this alternative would result in higher predestination flows to the Poggi
Canyon basin from the Village Two Northwest subbasin. An additional detention basin would be
required for peak flow from the Village Two West area. The development of Reduced
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Development Alternative A would control the rate of on-site, post-development peak storm water
runoff discharges. The Reduced Development Alternative A proposes significant grading
modifications as compared to the proposed project. A portion of Wolf Canyon which is located
in the MSCP preserve would not be filled in from development of this alternative. As such, there
would be a measurable reduction in the volume or quality of the runoff from the site.
The traffic analysis conducted for this project indicated that the cumulative traffic effects of the
Reduced Development Alternative A would not impact any intersections in the study area. It
would, however, adversely affect eight roadway segments in the vicinity of the project.
In addition, under the Reduced Development Alternative A, the eight segments of 1-805 are
calculated to deteriorate to LOS E or LOS F (The remaining segments are calculated to operate
at LOS D or better.), as discussed in Section 10.2, page 10-8 of the EIR.
Air quality impacts associated with vehicular trips would be reduced under the Reduced
Development Alternative A. Short-term air quality impacts associated with construction would
be slightly reduced because the area and extent of grading would be reduced because
development under this alternative would not extend into a part of Wolf Canyon. There could be
a slight decrease in overall long-term air quality impacts associated with power generation and
the operation of on-site commercial facilities due to the reduced population. Overall, the
reduction in air quality impacts would be minor and the cumulative impact would remain
significant and unavoidable.
As with the proposed project, the Reduced Development Alternative A would increase the
number of elementary, middle, and high school students beyond the existing demand and would
have a significant impact on the existing schools. It does, however, have fewer students than is
represented by the proposed project.
Implementation of the Reduced Development Alternative A would result in increased demand
on existing library services, including a need for approximately 2,624 square feet of library
facilities based on the expected project population of people of 5,249. It does, however, result in
a reduction in the demand for library facilities.
Findinas:
The Reduced Development Alternative A would reduce impacts to water quality, cultural
resources, schools, libraries. However, significant impacts have been identified for land use,
housin9 and population, traffic and air quality. While the alternative would implement some of
the project objectives of the proposed project, the following objectives would not be met with this
alternative:
. Establish a pedestrian and transit-oriented village with an intense urban core to reduce
reliance on the automobile and promote walking and the use of bicycles, buses, and
regional transit.
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. Implement the goals, objectives, and policies of the adopted Chula Vista General Plan,
and particularly, the Otay Ranch GDP, the Otay Ranch Phase 1 and Phase 2 RMP, the
Otay Ranch Facility Implementation Plan, the Otay Ranch Village Phasing Plan, and the
Otay Ranch Service/Revenue Plan,
. Wisely manage limited natural resources,
The Reduced Development Alternative A results in a much less intense development than is the
proposed project. The proposed project includes a total of 2786 residential units while this
alternative 1791 units. As stated on Page 10-4 of the draft EIR, this alternative was designed
with medium and medium-high density residential areas, rather than the more intense
development of the proposed project. It also does not place as much residential use in the
Village core area. It therefore limits the objective of reducing reliance on the automobile and
promotion of a walkable community. In addition, the Reduced Development Alternative A does
not place fill in the finger canyon that extends north of the mouth of Wolf Canyon. This area is
currently being considered to be removed from the Preserve as part of the proposed Boundary
Adjustment. By not filling this area it would not result in the net benefit to conservation of
Covered Species and habitats as described on page 10-7 of the EIR. Therefore, pursuant to
section 15091 (a)(3) of the CEQA Guidelines, specific economic, legal, social, technological, or
other considerations make this alternative infeasible.
Reduced Alternative B
The Reduced Development Alternative B designates Village Two as a "transit village" served by
the future extension of the Bus Rapid Transit, which integrates SANDAG's adopted Transit First!
Strategy into the Otay Ranch and locates a station within Village Two. The station location in
Village Two would serve as a vital stop for travel to other Otay Ranch and regional destinations.
The detail of this alternative is provided in Table 10-4 and illustrated in Figure 10-2, of the EIR.
Impact
Development under the Reduced Development Alternative B would reduce the amount of
housing available within the SPA Plan area by approximately 10 percent fewer units relative to
the proposed project. This would reduce the ability of the City of Chula Vista to meet the
projected need for an additional 20,823 dwelling units by 2010. The lack of housing concurrent
with needs as shown in SANDAG forecasts and in the Growth Management Plan would result in
a potentially significant impact.
As with Reduced Development Alternative A, the direct impacts to sensitive biological resources
under the Reduced Development Alternative B would be greater than the proposed project's.
The current development footprint pursuant to the adopted Subarea Plan permits an impact to
0.98 acre of Otay tarplant, a narrow endemic species, containing 25,000 tarplants. Under the
proposed project, the project Boundary Adjustment conserves the estimated 25,000 Otay
tarplants that would be otherwise impacted without the Boundary Adjustment.
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As a result of the development the Reduced Development Alternative B of the Village Three
portion of the project, significant impacts to CA-SDI-12,291b, as identified in Section 5.4 of the
EIR, would be avoided. Therefore, as for Reduced Development Alternative A, no significant
impact will result to cultural resources as a result of implementing this alternative.
As with the proposed project, Reduced Development Alternative B would increase the number
of elementary, middle, and high school students beyond the existing demand and would have a
significant impact on the existing schools. It does, however, have fewer students than is
represented by the proposed project.
Implementation of the Reduced Development Alternative B would result in increased demand
on existing library services, including a need for approximately 3,810 square feet of library
facilities based on the expected project population of people of 7,620. It does, however, result
in a reduction in the demand for library facilities.
Findinas:
The Reduced Development Alternative B would reduce impacts to water quality, cultural
resources, schools, libraries. However, significant impacts have been identified for land use,
housing and population, traffic and air quality. While the alternative would implement some of
the project objectives of the proposed project, the following objectives would not be met with this
alternative:
. Establish a pedestrian and transit-oriented village with an intense urban core to reduce
reliance on the automobile and promote walking and the use of bicycles, buses, and
regional transit.
. Implement the goals, objectives, and policies of the adopted Chula Vista General Plan,
and particularly, the Otay Ranch GDP, the Otay Ranch Phase 1 and Phase 2 RMP, the
Otay Ranch Facility Implementation Plan, the Otay Ranch Village Phasing Plan, and the
Otay Ranch Service/Revenue Plan.
The Reduced Development Alternative A results in a much less intense development than is the
proposed project. The proposed project includes a total of 2786 residential units while this
alternative 1791 units. As stated on Page 10-4 of the draft EIR, this alternative was designed
with medium and medium-high density residential areas, rather than the more intense
development of the proposed project. It also does not place as much residential use in the
Village core area. It therefore limits the objective of reducing reliance on the automobile and
promotion of a walkable community. In addition, the Reduced Development Alternative A does
not place fill in the finger canyon that extends north of the mouth of Wolf Canyon. This area is
currently being considered to be removed from the Preserve as part of the proposed Boundary
Adjustment. By not filling this area it would not result in the net benefit to conservation of
Covered Species and habitats as described on page 10-7 of the EIR. Therefore, pursuant to
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section 15091 (a)(3) of the CEQA Guidelines, specific economic, legal, social, technological, or
other considerations make this alternative infeasible.
The Reduced Development Alternative B includes 1,801 multi-family units, no mixed-use units
and 709 single-family units. The proposed project includes 1,740 multi-family units, 60 mixed-
use residential units and 986 single-family units.
The Reduced Development Alternative B results in a less intense development than is the
proposed project. This alternative was designed with less multi family residential use in the
Village Core area. As indicated on page 10-12 of the EIR, while this alternative It therefore limits
the objective of reducing reliance on the automobile and promotion of a walkable community. In
addition, the Reduced Development Alternative B does not place fill in the finger canyon that
extends north of the mouth of Wolf Canyon. This area is currently being considered to be
removed from the Preserve as part of the proposed Boundary Adjustment. By not filling this
area it would not result in the net benefit to conservation of Covered Species and habitats as
described on page 10-12 of the EIR. Therefore, pursuant to section 15091 (a)(3) of the CEQA
Guidelines, specific economic, legal, social, technological, or other considerations make this
alternative infeasible.
Reduced Alternative C
The land uses for the Reduced Development Alternative C include approximately 2,393
residential units, of which 1,130 units are single-family and 1,263 units are multi-family and
approximately 255.1 acres of industrial development (including 70.8 within the landfill buffer),
and the remaining acres would be developed with non-residential uses. The Industrial uses
proposed within the landfill buffer are consistent with the adopted GDP. Figure 10-3 shows the
land use plan for the Reduced Development Alternative C. Table 10-6 presents a tabulation of
the proposed uses for the SPA Plan for this Alternative. There would be no development within
Wolf Canyon under this alternative.
Impact
The Reduced Development Alternative C would reduce the amount of housing available within
the SPA Plan area by approximately 18.4 percent. This would reduce the ability of the City of
Chula Vista to meet the projected need for an additional 20,823 dwelling units by 2010. The
Reduced Development Alternative C would not be in conformance with those policies as
outlined in SANDAG's Growth Management Plan. The lack of housing concurrent with needs
as shown in SANDAG forecasts and in the Growth Management Plan would result in a
potentially significant impact.
As with Reduced Development Alternatives A and B, the direct impacts to sensitive biological
resources under the Reduced Development Alternative C would be greater than the proposed
project's. The current development footprint pursuant to the adopted Subarea Plan permits an
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impact to 0.98 acre of Otay tarplant, a narrow endemic species, containing 25,000 tarplants.
Under the proposed project, the project Boundary Adjustment conserves the estimated 25,000
Otay tarplants that would be otherwise impacted without the Boundary Adjustment.
As a result of the development the Reduced Development Alternative B of the Village Three
portion of the project, significant impacts to CA-SDI-12,291b, as identified in Section 5.4 of the
EIR, would be avoided. Therefore, as for Reduced Development Alternative A, no significant
impact will result to cultural resources as a result of implementing this alternative.
As with the proposed project, Reduced Development Alternative C would increase the number
of elementary, middle, and high school students beyond the existing demand and would have a
significant impact on the existing schools. It does, however, have fewer students than is
represented by the proposed project.
Implementation of the Reduced Development Alternative C would result in increased demand
on existing library services, including a need for approximately 3,590 square feet of library
facilities based on the expected project population of people of 7,179. It does, however, result
in a reduction in the demand for library facilities.
Findinas:
The Reduced Development Alternative C would reduce impacts to water quality, cultural
resources, schools, libraries. However, significant impacts have been identified for land use,
housing and population, traffic and air quality. While the alternative would implement some of
the project objectives of the proposed project, the following objectives would not be met with this
alternative:
. Establish a pedestrian and transit-oriented village with an intense urban core to reduce
reliance on the automobile and promote walking and the use of bicycles, buses, and
regional transit.
. Implement the goals, objectives, and policies of the adopted Chula Vista General Plan,
and particularly, the Otay Ranch GDP, the Otay Ranch Phase 1 and Phase 2 RMP, the
Otay Ranch Facility Implementation Plan, the Otay Ranch Village Phasing Plan, and the
Otay Ranch Service/Revenue Plan.
. Establish a land use and facility plan that assures the viability of the SPA Plan area in
consideration of existing and anticipated economic conditions.
. Wisely manage limited natural resources.
The proposed project includes 1,740 multi-family units, 60 mixed-use residential units and 986
single-family units. The Reduced Development Alternative C includes 1,130 multi-family units,
no mixed-use units and 1263 single-family units. This alternative results in a less intense
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development than is the proposed project. This alternative was designed with less multi family
residential use in the Village Core area. It therefore limits the objective of reducing reliance on
the automobile and promotion of a walkable community. In addition, the Reduced Development
Alternative C does not place fill in the finger canyon that extends north of the mouth of Wolf
Canyon. This area is currently being considered to be removed from the Preserve as part of the
proposed Boundary Adjustment. By not filling this area it would not result in the net benefit to
conservation of Covered Species and habitats as described on page 10-24 of the EIR.
Therefore, pursuant to section 15091 (a)(3) of the CEQA Guidelines, specific economic, legal,
social, technological, or other considerations make this alternative infeasible.
Environmentally Superior Alternative
CEQA requires that an EIR identify the environmentally superior alternative among all of the
alternatives considered, including the proposed project. If the No Project/No Development
alternative is selected as environmentally superior, then the EIR also shall identify an
environmentally superior alternative among the other alternatives.
The environmental analysis of project alternatives presented in the EIR indicates, through a
comparison of potential impacts from each of the proposed alternative and the proposed project,
that the No Project/No Development alternative, if left in its current state, could be considered
environmentally superior because no new uses would be introduced to the area and the project
site would not result in environmental impacts. However, the No Project/No Development
alternative would not implement the City's General Plan, the Otay Ranch GDP, or the RMP,
which are primary project objectives. The No Project/No Development alternative would not
accomplish any of the objectives of the project.
The Reduced Project Alternative A could be considered the environmentally superior project
because it would reduce impacts associated with land use, visual quality/landform alteration,
cultural resources, traffic, air quality, noise, utilities and services, and water quality while
implementing some of the project objectives. The project objectives are enumerated in Section
3.3 of the EIR.
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XII.
STATEMENT OF OVERRIDING CONSIDERATIONS FOR THE PROPOSED
VILLAGES TWO. THREE. AND A PORTION OF FOUR SECTIONAL PLANNING AREA
PLAN AND TENTATIVE MAPS EIR
The project would have significant, unavoidable impacts on the following areas, described in
detail in Section IX of these Findings of Fact:
. Land Use
. Landform Alterations/Aesthetics
. Biological Resources
. Agricultural Resources
. Transportation
. Air Quality
. Water supply
The City has adopted all feasible mitigation measures with respect to these impacts. Although in
some instances these mitigation measures may substantially lessen these significant impacts,
adoption of the measures will, for many impacts, not fully avoid the impacts.
Moreover, the City has examined a reasonable range of alternatives to the project. Based on
this examination, the City has determined that none of the alternatives: (1) meets project
objectives, and (2) is environmentally preferable to the proposed project.
As a result, to approve the project, the City must adopt a "statement of overriding
considerations" pursuant to CEQA Guidelines sections 15043 and 15093. This provision allows
a lead agency to cite a project's general economic, social, or other benefits as a justification for
choosing to allow the occurrence of specified significant environmental effects that have not
been avoided. The provision explains why, in the agency's judgment, the project's benefits
outweigh the unavoidable significant effects. Where another substantive law (e.g., the California
Clean Air Act, the Federal Clean Air Act, or the California and Federal Endangered Species
Acts) prohibits the lead agency from taking certain actions with environmental impacts, a
statement of overriding considerations does not relieve the lead agency from such prohibitions.
Rather, the decision-maker has recommended mitigation measures based on the analysis
contained in the Final EIR, recognizing that other resource agencies have the ability to impose
more stringent standards or measures.
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CEQA does not require lead agencies to analyze "beneficial impacts" in an EIR. Rather, EIRs
are to focus on potential "significant effects on the environment," defined to be "adverse." (Pub.
Resources Code Section 21068.) The Legislature amended the definition to focus on "adverse"
impacts after the California Supreme Court had held that beneficial impacts must also be
addressed. (See, Wildlife Alive v. Chickering (1976) 18 Cal.3d 190,206 [132 Cal.Rptr. 377].)
Nevertheless, decision-makers benefit from information about project benefits. These benefits
can be cited, if necessary, in a statement of overriding considerations. (CEQA Guidelines
Section 15093.)
The City finds that the proposed project would have the following substantial, social,
environmental and economic benefits. Anyone of the reasons for approval cited below is
sufficient to justify approval of the project. Thus, even if a court were to conclude that not every
reason is supported by substantial evidence, the City Council would stand by its determination
that each individual reason is sufficient. The substantial evidence supporting the various
benefits can be found in the preceding findings, which are incorporated by reference into this
Section, and in the documents found in the Record of Proceedings, as defined in Section IV.
Environmental Protection and Preservation
The SPA Plan will adjust the boundary of the MSCP Subarea Preserve to include a large portion
of Wolf Canyon. As identified on Page 10-7 of the EIR, there is net benefit to conservation of
Covered Species and habitats as described on page 10-7 of the EIR.
The SPA Plan will convey 1.188 acres of land to the open space preserve for each acre of
development area, or pay a fee in lieu. The RMP has established performance standards for
achieving an 11 ,375-acre Otay Ranch open space preserve. Compliance relies on progressive
acquisition, or funding for acquisition, of the designated Otay Ranch Preserve areas with each
development approval.
The preserve includes an open space system that incorporates public education programs, links
community to natural areas, and preserves and restores sensitive habitats, special landforms,
and wildlife corridors. In addition, a system of paths and trails will connect the urban villages
and their parks, forming a passive and active recreation network throughout the area. The RMP
adopted by the Chula Vista City Council has the following functions.
. Serves as a plan-wide multi-species/habitat and cultural resources management
program;
. Provides the funding, phasing, and ownership mechanisms necessary to effectively
protect and manage on-site resources over the long term;
. Plans for coordinated, controlled public use and enjoyment of the Management Preserve
established as part of the RMP consistent with protection of sensitive resources;
. Provides certainty that the open space will be preserved in perpetuity by requiring
irrevocable dedications of open space acreage; and
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. Preserves/protects cultural resources.
The RMP provides for management, resource enhancement and restoration, research,
education, and interpretive activities to ensure that resource values in areas to be preserved are
maintained and enhanced in perpetuity. The RMP also addresses cultural, paleontological,
recreational, and agricultural resource protection needs in addition to sensitive habitats. Finally,
the RMP provides an opportunity to establish large blocks of interconnected natural open space.
By linking the Otay Ranch Preserve system to large and adjacent publicly owned open space
lands with resource values similar to those found on the Otay Ranch property, the RMP
contributes to the creation of an overall regional open space system, providing more than
35,000 acres of interconnected open space in Otay Ranch and the immediate vicinity. The
RMP identifies the preservation of sensitive habitats that contain approximately 100 species of
sensitive plants and animals.
Community Planning and Development
The Otay Ranch area contributes to air pollution in the San Diego air basin. Most of this
pollution is attributable to motor vehicles. The proposed SPA Plan and the Village concept of
the Otay Ranch GDP are designed to minimize automobile trip length and thereby reduce
pollutant contributions to regional air quality that would otherwise result if jobs and housing were
provided for in a typical suburban development pattern.
Otay Ranch's location adjacent to the Otay Mesa industrial area will provide housing proximate
to this employment center. A mixed-use development, the GDP will promote linkage of trips,
reduce trip length, and encourage use of alternative modes of transportation such as biking,
walking and use of transit. The project is part of the GDP that creates a multi-modal
transportation network that minimizes the number and length of single-passenger vehicle trips.
It is designed to encourage walking, biking, use of transit and reduced reliance on automobiles,
the GDP clusters high-density, high-intensity development in villages near transit and light rail
terminals. Jobs, homes, schools, parks, and commercial centers are close by and linked by
pedestrian and bicycle routes.
Comprehensive Regional Planning
The GDP and the SPA Plan project provide the opportunity to comprehensively plan
development that meets the region's needs for housing, jobs, infrastructure, and environmental
preservation. These benefits area made possible by Otay Ranch's size and scope. The Otay
Ranch GDP includes a provision for regional purpose facilities and public services that area
typically not undertaken for smaller development projects. The regional planning process
undertaken for the GDP involved long-range inter-jurisdictional coordination, ensuring maximum
achievement of policies and regulations of both the City of Chula Vista and San Diego County.
The benefits offered by the regional planning process utilized for the GDP and the SPA Plan
include the following:
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. Comprehensive consideration of the GDP cumulative effects;
. Consistency in the approach to resolving regional issues such as transportation, air
quality, habitat preservation, infrastructure, and public services planning; and
. Long-range coordination of local and regional public facilities.
The GDP includes a provision for designating land for regional public facilities. These facilities
area provided by the County and are currently housed in County-owned facilities, where
available, but are more commonly located in leased or rented space. Designation of land for
regional purposes will facilitate the provision of these services and provide better opportunities
for users of these facilities than is currently available with new development.
The SPA Plan will develop a mix of uses that will result in an urban village once the entire
Villages Two, Three, and a portion of Four area is developed. The project is consistent with and
implements the vision for Villages Two, Three, and a portion of Four, as set forth in the Otay
Ranch GDP.
Housing Needs
The GDP and SPA Plan/Composite TM will help meet a projected long-term regional need for
housing by providing a wide variety of housing types and prices. In recent years, the cost of
housing compared to other uses (e.g., commercial, industrial) has risen disproportionately to the
cost of other uses in the Otay Ranch area, reflecting a shortfall in residentially zoned land. The
GDP and the SPA Plan will help reduce the cost of housing by designating an adequate supply
of suitable land for residential development.
The SPA Plan increases the housing stock in the City by approximately 2,786 dwelling units.
This proposed level of development is included in the adopted planning for the City. The project
represents a future housing supply for the region. Phasing will occur in response to market
conditions, which will help fulfill the demand for housing.
SANDAG has forecasted a need for an additional approximately 20,823 additional dwelling units
within the City of Chula Vista. The project will enact the SANDAG policies by providing a
pedestrian and trail system, preserving open space, offering new homes, increasing the tax
base tor the City, and providing right-ot-way tor the regional transit system.
The SPA Plan provides five percent low-income and five percent moderate-income housing.
The proposed 10 percent affordable housing is consistent with the objectives of the City's
Housing Element and the Otay Ranch GDP requirements.
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Fiscal Benefit
The fiscal impact analysis conducted for the GDP and included in the Otay Ranch Service
Revenue Plan concluded that, at buildout, the GDP will have a net positive impact on both the
City of Chula Vista and the County of San Diego. Because it is anticipated that during buildout
there will be short-term periods in which the costs to service Otay Ranch exceed revenues, the
GDP includes a reserve fund program, which protects the City and County by correcting any
operating deficiencies incurred by the affected jurisdiction during years where there is a fiscal
shortfall. Financing of the reserve program and the cost of annual fiscal reviews will be the
responsibility of the applicants.
The project will provide for significant community-wide public facilities. As the plan is
implemented, it will be responsible for constructing public facilities and infrastructure to serve
the project and incidentally the subregion. These facilities include:
. Improvements to regional backbone circulation system;
. Water and sewer facilities;
. An elementary school and a high school site to serve Villages Two, Three, and a portion
of Four and the subregion; and
. A public park and greenbelt and community trails.
The project would also generate new temporary construction-related jobs that would enhance
the economic base of the region.
For these reasons, on balance, the City Council finds there are environmental, economic, social,
and other considerations resulting from the project that serve to override and outweigh the
project's unavoidable significant environmental effects and, thus, the adverse unavoidable
effects are considered acceptable.
91
...'t
i
RESOLUTION NO. EIR 02-02
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
CERTIFYING THE FINAL SECOND TIER ENVIRONMENTAL IMPACT REPORT (EIR
02-02) FOR THE OTAY RANCH VILLAGE TWO, THREE, AND A PORTION OF
VILLAGE FOUR SECTIONAL PLANNING AREA (SPA) PLAN AND TENTATIVE MAP
(TM); MAKING CERTAIN FINDINGS OF FACT; ADOPTING A STATEMENT OF
OVERRIDING CONSIDERATIONS; AND ADOPTING A MITIGATION MONITORING
AND REPORTING PROGRAM PURSUANT TO THE CALIFORNIA ENVIRONMENTAL
QUALITY ACT
WHEREAS, Otay Project L.P., submitted applications requesting approvals for a Sectional
Planning Area (SPA) Plan, Tentative Map (TM), General Plan amendment, and Otay Ranch
General Development Plan amendment, for Village Two, Three and a portion of Village Four
("Project"); and
WHEREAS, a Draft ErR 02-02 was issued for public review on March 1, 2006, and was
processed through the State Clearinghouse; and
WHEREAS, the Chula Vista Planning Commission held a duly noticed public hearing for
Draft EIR 02-02 on April 19,2006 to close the public review period; and
WHEREAS, the Chula Vista Planning Commission held a duly noticed public hearing for
the Draft EIR 02-02 on May 10, 2006 and certified EIR 02-02 and adopted the Findings of Fact;
Statement of Overriding Considerations; and the Mitigation Monitoring and Reporting Program.
Further, the Planning Commission also recommended that the City Council certify the document
and adopt the Findings of Fact; Statement of Overriding Considerations; and the Mitigation
Monitoring and Reporting Program; and
WHEREAS, a Final Environmental Impact Report (FEIR 02-02) was prepared on the
Project SPA and TM; and
WHEREAS, FEIR 02-02 incorporates, by reference, the prior EIRs that address the subject
property including the Chula Vista General Plan EIR and the Final Otay Ranch GDP/SRP Program
EIR (90-01), the Project SPA Plan; the Project Public Facilities Finance Plan as well as their
associated Findings of Fact and Mitigation Monitoring and Reporting Program; and
WHEREAS, to the extent that the Findings of Fact and the Statement of Overriding
Considerations for the Project, dated May 2006 (Exhibit "A" of this Resolution, a copy of which is
on file in the office of the City Clerk), conclude that proposed mitigation measures outlined in Final
EIR 02-02 are feasible and have not been modified, superseded or withdrawn, the City of Chula
Vista hereby binds itself and the Applicant and its successors in interest, to implement those
measures. These findings are not merely information or advisory, but constitute a binding set of
obligations that will come into effect when the City adopts the resolution approving the project. The
adopted mitigation measures contained within the Mitigation Monitoring and Reporting Program
Section ofEIR-02-02, are expressed as conditions of approval. Other requirements are referenced in
I
~ r'"
,"
the Mitigation Monitoring and Reporting Program adopted concurrently with these Findings of Fact
and will be effectuated through the process of implementing the Project.
NOW, THEREFORE, BE IT RESOLVED THAT THE CITY COUNCIL of the City of
Chula Vista does hereby find, determine, resolve and order as follows:
I. PLANNING COMMISSION RECORD
The proceedings and all evidence introduced before the Planning Commission at their public
hearings on Draft EIR 02-02 held on April 19, 2006 and May 10, 2006, as well as the
minutes and resolutions resulting therefrom, are hereby incorporated into the record of this
proceeding. These documents, along with any documents submitted to the decision-makers,
including documents specified in Public Resources Code Section 21167.6, subdivision(s),
shall comprise the entire record of proceedings for any claims under the California
Environmental Quality Act ("CEQA") (Public Resources Code g21000 et seq.).
II. FEIR 02-02 CONTENTS
That the FEIR 02-02 consists ofthe following:
1. Second-Tier ErR for the Project SPA Plan and TM (including technical appendices); and
2. Comments and Responses
3. Mitigation Monitoring and Reporting Program
(All hereafter collectively referred to as "FEIR 02-02")
III. ACCOMPANYING DOCUMENT TO FEIR 02-02
1. Findings of Fact and Statement of Overriding Considerations
IV. CERTIFICATION OF COMPIANCE WITH CALIFORNIA
ENVIRONMENTAL QUALITY ACT
That the City Council does hereby find that FEIR 02-02, the Findings of Fact and the
Statement of Overriding Considerations (Exhibit "A" to this Resolution, a copy which is on
file with the office of the City Clerk), and the Mitigation Monitoring and Reporting Program
are prepared in accordance with the requirements of CEQA (Pub. Resources Code, g21000
et seq.), the CEQA Guidelines (California Code Regs. Title 14 g15000 et seq.), and the
Environmental Review Procedures of the City ofChula Vista.
V. INDEPENDENT JUDGMENT OF CITY COUNCIL
That the City Council finds that the FEIR 02-02 reflects the independent judgment of the
City ofChula Vista City Council.
,."j.
/
'\ )
VI. CEQA FINDINGS OF FACT, MITIGATION MONITORING AND REPORTING
PROGRAM AND STATEMENT OF OVERRIDING CONSIDERATIONS
A. Adoption of Findings of Fact
The City Council does hereby approve, accepts as its own, incorporate as if set forth
in full herein, and make each and everyone of the findings contained in the Findings
of Fact, Exhibit "A" of this Resolution, a copy of which is on file in the office of the
City Clerk.
B. Statement of Overriding Considerations
Even after the adoption of all feasible mitigation measures and any feasible
alternatives, certain significant or potentially significant environmental effects
caused by the project, or cumulatively, will remain. Therefore, the City Council of
the City of Chula Vista hereby issues, pursuant to CEQA Guidelines Section 15093,
a Statement of Overriding Considerations in the form set forth in Exhibit "A," a copy
of which is on file in the office of the City Clerk, identifYing the specific economic,
social and other considerations that render the unavoidable significant adverse
environmental effects acceptable.
C. Mitigation Measures Feasible and Adopted
As more fully identified and set forth in FEIR 02-02 and in the Findings of Fact for
this project, which is Exhibit "A" to this Resolution, a copy of which is on file in the
office of the City Clerk, the City Council hereby finds pursuant to Public Resources
Code Section 21081 and CEQA Guidelines Section 15091 that the mitigation
measures described in the above referenced documents are feasible and will become
binding upon the entity (such as the proj ect proponent or the City) assigned thereby
to implement the same.
D. Infeasibility of Alternatives
As more fully identified and set forth in FEIR 02-02 and in the Findings of Fact,
Section XII, for this project, which is Exhibit "A" to this Resolution, a copy of which
is on file in the office of the City Clerk, the City Council hereby finds pursuant to
Public Resources Code Section 21081 and CEQA Guidelines Section 15091 that
alternatives to the project, which were identified in FEIR 02-02, were not found to
reduce impacts to a less than significant level or meet the project objectives.
E. Adoption of Mitigation Monitoring and Reporting Program
As required by the Public Resources Code Section 21081.6, the City Council hereby
adopts the Mitigation Monitoring and Reporting Program set forth in EIR-02-02. The
City Council further finds that the Program is designed to ensure that, during project
)
implementation, the permittee/project applicant and any other responsible parties
implement the project components and comply with the mitigation measures
identified in the Findings of Fact and the Mitigation Monitoring and Reporting
Program.
VII. NOTICE OF DETERMINATION
That the Environmental Review Coordinator of the City of Chula Vista is directed after City
Council approval of this Project to ensure that a Notice of Determination is filed with the
County Clerk of the County of San Diego. These documents, along with any documents
submitted to the decision-makers, including documents specified in Public Resources Code
Section 21167.6, subdivision(s), shall comprise the entire record of proceedings for any
claims under the California Environmental Quality Act ("CEQA") (Public Resources Code
921000 et seq.).
BE IT FURTHER RESOLVED THAT the City Council of the City ofChula Vista finds
that the FEIR 02-02, the Findings of Fact and Statement of Overriding Considerations (Exhibit "A" to
this Resolution, a copy which is on file with the office of the City Clerk), and Mitigation Monitoring
and Reporting Program have been prepared in accordance with the requirements of CEQA (Public
Resources Code Section 21000 et seq.), CEQA Guidelines (California Code Regs. Title 14 Section
15000 et seq.), and the Environmental Review Procedures of the City of Chula Vista, and therefore
should be certified.
Presented by
Approved as to form by
James D. Sandoval, AICP
Plarming and Building Director
Ann Moore
City Attorney
Exhibit A Findings of Fact and Statement of Overriding Considerations
----,-"'~-->'--.
PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista,
California, this 23rd day of May, 2006, by the following vote:
AYES: Councilmembers:
NAYS: Councilmembers:
ABSENT: Councilmembers:
ABSTAIN: Councilmembers:
Stephen C. Padilla, Mayor
ATTEST:
Susan Bigelow, City Clerk
STATE OF CALIFORNIA )
COUNTY OF SAN DIEGO )
CITY OF CHULA VISTA)
I, Susan Bigelow, City Clerk 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 Chula Vista City Council held on the 23rd day of May, 2006.
Executed this 23rd day of May, 2006.
Susan Bigelow, City Clerk
) .J~.
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RESOLUTION NO. EIR 02-02
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
CERTIFYING THE FINAL SECOND TIER ENVIRONMENTAL IMPACT REPORT (EIR
02-02) FOR THE OTAY RANCH VILLAGE TWO, THREE, AND A PORTION OF
VILLAGE FOUR SECTIONAL PLANNING AREA (SPA) PLAN AND TENTATIVE MAP
(TM); MAKING CERTAIN FINDINGS OF FACT; ADOPTING A STATEMENT OF
OVERRIDING CONSIDERATIONS; AND ADOPTING A MITIGATION MONITORING
AND REPORTING PROGRAM PURSUANT TO THE CALIFORNIA ENVIRONMENTAL
QUALITY ACT
WHEREAS, Otay Project L.P., submitted applications requesting approvals for a Sectional
Planning Area (SPA) Plan, Tentative Map (TM), General Plan amendment, and Otay Ranch
General Development Plan amendment, for Village Two, Three and a portion of Village Four
("Project"); and
WHEREAS, a Draft EIR 02-02 was issued for public review on March 1, 2006, and was
processed through the State Clearinghouse; and
WHEREAS, the Chula Vista Planning Commission held a duly noticed public hearing for
Draft EIR 02-02 on April 19, 2006 to close the public review period; and
WHEREAS, the Chula Vista Planning Commission held a duly noticed public hearing for
the Draft EIR 02-02 on May 10, 2006 and certified EIR 02,02 and adopted the Findings of Fact;
Statement of Overriding Considerations; and the Mitigation Monitoring and Reporting Program.
Further, the Planning Commission also recommended that the City Council certify the document
and adopt the Findings of Fact; Statement of Overriding Considerations; and the Mitigation
Monitoring and Reporting Program; and
WHEREAS, a Final Environmental Impact Report (FEIR 02-02) was prepared on the
Project SPA and TM; and
WHEREAS, FEIR 02-02 incorporates, by reference, the prior EIRs that address the subject
property including the Chula Vista General Plan EIR and the Final Otay Ranch GDP/SRP Program
EIR (90-01), the Project SPA Plan; the Project Public Facilities Finance Plan as well as their
associated Findings of Fact and Mitigation Monitoring and Reporting Program; and
WHEREAS, to the extent that the Findings of Fact and the Statement of Overriding
Considerations for the Project, dated May 2006 (Exhibit "A" of this Resolution, a copy of which is
on file in the office of the City Clerk), conclude that proposed mitigation measures outlined in Final
EIR 02-02 are feasible and have not been modified, superseded or withdrawn, the City of Chu1a
Vista hereby binds itself and the Applicant and its successors in interest, to implement those
measures. These findings are not merely information or advisory, but constitute a binding set of
obligations that will come into effect when the City adopts the resolution approving the project. The
adopted mitigation measures contained within the Mitigation Monitoring and Reporting Program
Section of EIR-02-02, are expressed as conditions of approval. Other requirements are referenced in
/tJ-/r3
the Mitigation Monitoring and Reporting Program adopted concurrently with these Findings of Fact
and will be effectuated through the process of implementing the Proj ect.
NOW, THEREFORE, BE IT RESOLVED THAT THE CITY COUNCIL of the City of
Chula Vista does hereby fInd, determine, resolve and order as follows:
I. PLANNING COMMISSION RECORD
The proceedings and all evidence introduced before the Planning Commission at their public
hearings on Draft EIR 02-02 held on April 19, 2006 and May 10, 2006, as well as the
minutes and resolutions resulting therefrom, are hereby incorporated into the record of this
proceeding. These documents, along with any documents submitted to the decision-makers,
including documents specifIed in Public Resources Code Section 21167.6, subdivision(s),
shall comprise the entire record of proceedings for any claims under the California
Environmental Quality Act ("CEQA") (Public Resources Code ~21000 et seq.).
II. FEIR 02-02 CONTENTS
That the FEIR 02-02 consists of the following:
I. Second-Tier ErR for the Project SPA Plan and TM (including technical appendices); and
2. Comments and Responses
3. Mitigation Monitoring and Reporting Program
(All hereafter collectively referred to as "FEIR 02-02")
III. ACCOMPANYING DOCUMENT TO FEIR 02-02
I. Findings of Fact and Statement of Overriding Considerations
IV. CERTIFICATION OF COMPIANCE WITH CALIFORNIA
ENVIRONMENTAL QUALITY ACT
That the City Council does hereby fInd that FEIR 02-02, the Findings of Fact and the
Statement of Overriding Considerations (Exhibit "A" to this Resolution, a copy which is on
me with the office of the City Clerk), and the Mitigation Monitoring and Reporting Program
are prepared in accordance with the requirements of CEQA (Pub. Resources Code, 921000
et seq.), the CEQA Guidelines (California Code Regs. Title 14 915000 et seq.), and the
Environmental Review Procedures of the City of Chula Vista.
V. INDEPENDENT JUDGMENT OF CITY COUNCIL
That the City Council fInds that the FEIR 02-02 reflects the independent judgment of the
City of Chula Vista City Council.
Ic' ~ lit;
VI. CEQA FINDINGS OF FACT, MITIGATION MONITORING AND REPORTING
PROGRAM AND STATEMENT OF OVERRIDING CONSIDERATIONS
A. Adoption of Findings of Fact
The City Council does hereby approve, accepts as its own, incorporate as if set forth
in full herein, and make each and every one of the findings contained in the Findings
of Fact, Exhibit "A" of this Resolution, a copy of which is on file in the office of the
City Clerk.
B. Statement of Overriding Considerations
Even after the adoption of all feasible mItIgation measures and any feasible
alternatives, certain significant or potentially significant environmental effects
caused by the project, or cumulatively, will remain. Therefore, the City Council of
the City of Chula Vista hereby issues, pursuant to CEQA Guidelines Section 15093,
a Statement of Overriding Considerations in the form set forth in Exhibit "A," a copy
of which is on file in the office of the City Clerk, identifying the specific economic,
social and other considerations that render the unavoidable significant adverse
environmental effects acceptable.
C. Mitigation Measures Feasible and Adopted
As more fully identified and set forth in FEIR 02-02 and in the Findings of Fact for
this project, which is Exhibit "A" to this Resolution, a copy of which is on file in the
office of the City Clerk, the City Council hereby finds pursuant to Public Resources
Code Section 21081 and CEQA Guidelines Section 15091 that the mitigation
measures described in the above referenced documents are feasible and will become
binding upon the entity (such as the project proponent or the City) assigned thereby
to implement the same.
D. Infeasibility of Alternatives
As more fully identified and set forth in FEIR 02-02 and in the Findings of Fact,
Section XII, for this project, which is Exhibit "A" to this Resolution, a copy of which
is on file in the office of the City Clerk, the City Council hereby fmds pursuant to
Public Resources Code Section 21081 and CEQA Guidelines Section 15091 that
alternatives to the project, which were identified in FEIR 02-02, were not found to
reduce impacts to a less than significant level or meet the project objectives.
E. Adoption of Mitigation Monitoring and Reporting Program
As required by the Public Resources Code Section 21081.6, the City Council hereby
adopts the Mitigation Monitoring and Reporting Program set forth in EIR-02-02. The
City Council further finds that the Program is designed to ensure that, during project
) "
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, ,
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implementation, the permittee/project applicant and any other responsible parties
implement the project components and comply with the mitigation measures
identified in the Findings of Fact and the Mitigation Monitoring and Reporting
Program.
VII. NOTICE OF DETERMINATION
That the Environmental Review Coordinator of the City ofChula Vista is directed after City
Council approval of this Project to ensure that a Notice of Determination is filed with the
County Clerk of the County of San Diego. These documents, along with any documents
submitted to the decision-makers, including documents specified in Public Resources Code
Section 21167.6, subdivision(s), shall comprise the entire record of proceedings for any
claims under the California Environmental Quality Act ("CEQA") (Public Resources Code
~21000 et seq.).
BE IT FURTHER RESOLVED THAT the City Council of the City ofChula Vista finds
that the FE1R 02-02, the Findings of Fact and Statement of Overriding Considerations (Exhibit "A" to
this Resolution, a copy which is on file with the office of the City Clerk), and Mitigation Monitoring
and Reporting Program have been prepared in accordance with the requirements of CEQA (Public
Resources Code Section 21000 et seq.), CEQA Guidelines (California Code Regs. Title 14 Section
15000 et seq.), and the Environmental Review Procedures of the City of Chula Vista, and therefore
should be certified.
Presented by
Approved as to form by
James D. Sandoval, AICP
Planning and Building Director
.fiR Ann Moore .
City Attorney
Exhibit A Findings of Fact and Statement of Overriding Considerations
Ii' fey
PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista,
California, this 23rd day of May, 2006, by the following vote:
AYES: Councilmembers:
NAYS: Councilmembers:
ABSENT: Councilmembers:
ABSTAIN: Councilmembers:
Stephen C. Padilla, Mayor
ATTEST:
Susan Bigelow, City Clerk
STATE OF CALIFORNIA )
COUNTY OF SAN DIEGO )
CITY OF CHULA VISTA )
I, Susan Bigelow, City Clerk 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 Chula Vista City Council held on the 23rd day of May, 2006.
Executed this 23rd day of May, 2006.
Susan Bigelow, City Clerk
!,i /
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-..,.--
CllY OF
CHUIA VISTA
Olay Ranch Villages Two, Three,
and a Portion of Village Four
Sectional Planning Area (~PA) Plan
Final Second Tier Environmental Impact Report
Second Tier EIR 02-02
SCH No. 200309101 2
May 2006
276 Fourth Ave.
Chula Vista
California
.
.
.
91910
COUNCIL AGENDA STATEMENT
Item No.: l.L..
Meeting Date: O'i/?i/06
ITEM TITLE:
PUBLIC HEARING: Request to amend the City of Chula Vista General
Plan and the Otay Ranch General Development Plan (GDP) including
amendments to the Phase 1 and 2 Resource Management Plan (RMP) and
Chula Vista Multiple Species Conservation Plan (MSCP) for Villages
Two, Three and a portion of Village Four. Applicant - Otay Project L.P.
SUBMITTED BY:
RESOLUTION: Resolution of the City Council of the City of Chula
Vista approving an amendment to the City of Chula Vista General Plan
and the Otay Ranch General Development Plan (GDP) including the Phase
1 and 2 Resource Management Plan (RMP) for Villages Two, Three and a
Portion of Four.
Director OfPl~..:r'd Building $'
City Managerf.Y~ b ~ '4/5thS Vote: Yes - No --X...)
REVIEWED BY:
Otay Project, L.P. has submitted an application for necessary legislative planning actions needed
to construct 2,786 dwellings, a town center, industrial development and a community park within
Otay Ranch. In order for these objectives to be accomplished, this application seeks to amend the
City of Chula Vista General Plan and the Otay Ranch General Development Plan (GDP) on
Villages Two, Three and a portion of Village Four to:
1. Adjust the Chula Vista MSCP boundary for Village Two grading;
2. Increase the allowable number of dwelling units in Village Two;
3. Amend the Phase 1 and 2 RMP for consistency with the County of San Diego MSCP
including the 1995 Baldwin Letter Agreement; and
4. Eliminate the RMP Phase 2 Preserve Conveyance Schedule.
Otay Ranch Villages Two, Three and Four are located at the western edge of the Otay Valley
Parcel, south of Olympic Parkway (Poggi Canyon), west of the future extension of La Media
Road, east and southeast of the Otay Landfill and north of the future extension of Main
StreetIRock Mountain Road (Attachment 1 - Locator Map).
RECOMMENDATION: Staff recommends that the City Council adopt a resolution approving
the General Plan and Otay Ranch GDP amendments, including the Phase I and 2 RMP
amendments.
BOARDS/COMMISSIONS RECOMMENDATION: The Planning Commission met on May
10, 2006 and voted 5-0 to recommend approval of the General Plan, Otay Ranch GDP and Phase
One and Two RMP amendments.
11-1
Page2,ftem:~
Meeting Date: O'il?ilO6
The Resource Conservation Commission met on April 17, 2006 to consider the Final Second
Tier Environmental Impact Report (EIR-02-02) and voted 6-0 to recommend certification of the
document.
ENVIRONMENTAL REVIEW: The City's Environmental Review Coordinator has reviewed
the Project and determined that the Project would result in a significant impact to the
environment; therefore, a Second-Tier Environmental Impact Report (EIR-02-02) has been
prepared. Certification of the Second-Tier Environmental Impact Report (EIR-02-02) for this
project will be considered by the City Council.
DISCUSSION:
I. Background
In October of 1993, the City Council adopted the Otay Ranch GDP, including the Resource
Management Plan (RMP) that identified the policies for the formation of the Preserve. The GDP
designated Village Two as an urban village without Light Rail Transit (LRT) service. In 1997,
the City annexed 9,100 acres of the GDP area, known as the "Otay Valley Parcel", into the City
and entered into an agreement with the County of San Diego to limit land uses within 1 ,000 feet
of the Otay Landfill operation to non-residential uses. In a subsequent amendment, the area
within the "Landfill Buffer" was designated Light Industrial as indicated on the current General
Plan. In 1996, in conjunction with the approval of the Village One SPA Plan, the City Council
adopted RMP Phase 2 that delineated how the Preserve was to be conveyed to the Preserve
Owner Manager.
On December 13,2005, the City Council adopted the City of Chula Vista's Comprehensive
General Plan Update, which also included amendments to the Otay Ranch General Development
Plan (GDP). The December 2005 amendments to the City's General Plan and the Otay Ranch
GDP increased the permissible maximum number of units in Village Two from 1,719 (709
single-family residential units and 586 multi-family residential units) to 2,510 dwelling units
(709 single-family residential units and 1,801 multi-family residential units). These amendments
also relocated the community park to Village Four and relocated the Village Core's mixed-use
area within Village Two. As part of the General Plan Update, transit service was changed from
LRT to Bus Rapid Transit (BRT) and service was expanded with two additional lines to
including Village Two. The 2005 GPU/GDP A also changed the multi-family densities from 14
dwelling units per acre to 18 dwelling units per acre to support the transit stop within the village.
Village Three remains primarily industrial serving as a transition from existing industrial areas to
the Otay Ranch residential villages. Village Four became the new location for the Community
Park and the remainder ofthe village is anticipated to be developed as low density single-family
residential units.
The Otay Ranch GDP also lays out the circulation system and defines the village boundaries for
the Otay Valley Parcel that includes Villages Two, Three and Four. A "Village Concept" is
11-2
Page3,fiem:-L1---
Meeting Date: 0-;/21/06
envisioned and described as mixed-use centers with opportunities for employment and shopping
among other uses within the Village Core and provides a framework of design elements for each
use. Villages Two, Three and a Portion of Four were designed with this concept as described in
the Otay Ranch GDP.
II. General Plan, Zoning and Land Use
The City's General Plan and the Otay Ranch GDP designated the land within the Otay Valley
Parcel for urban villages and pedestrian friendly development. Otay Ranch villages are designed
within a village concept. This concept locates higher residential densities and a variety of mixed
uses within the "Village Core", and then surrounds the core with a secondary area of lower
density single-family homes.
The General Plan identifies Villages Two and Three as being within the Western District of the
Otay Ranch Subarea and Village Four as being within the Central District. The General Plan
designates residential land uses in Village Two as Residential Low Medium (3-6 dwelling units
per acre). In addition, there is a Village Core located within Village Two that contains two
neighborhood parks (NP) and an elementary school (ES). Village Three is designated as "light
industrial" in the General Plan and the portion of Village Four included in this project is
designated as Community Park (CP).
The Otay Ranch GDP authorizes 2,510 dwelling units (709 single-family and 1,801 multi-
family), Industrial, parks and schools for Village Two, Industrial (1) development for Village
Three and a Community Park for the portion of Village Four included within this application.
III. Proposed Plan
A. General Plan Amendments
1. Msrp ROlmnllry Anjm:tment
The City of Chula Vista's MSCP Subarea Plan is included as an element of the City of
Chula Vista's General Plan. Amendments to the Chula Vista Subarea Plan require
amending the General Plan.
The applicant is proposing to adjust the MSCP Preserve boundary to accommodate the
grading limits of Village Two and include additional lands in the MSCP Preserve. The
proposed boundary adjustment would remove Preserve in the western fork of Wolf Canyon
and add Preserve in the northern portion ofthe main drainage of the canyon (Attachment 2
- Proposed Boundary Adjustment to the Chula Vista MSCP Preserve). The proposed
boundary adjustment would add approximately 26 acres of land that is currently
developable to the Preserve and permit development on approximately 18 acres of land
11-3
Page 4, Item: ) I
Meeting Date: O'i/21/06
currently identified as Preserve in the MSCP Subarea Plan. This would result in a net
increase of approximately 8 acres to the Preserve.
An::llysls'
The City's Subarea Plan permits boundary adjustments that result in a Preserve
configuration with biological values that are equal to or higher than the current
configuration. The proposed boundary adjustment would increase the size of the City's
Preserve and provide for conservation of higher value habitat. The land proposed to be
removed from the Preserve has been, and can continue to be, cultivated and is generally
void of sensitive habitat while the land that is proposed to be added to the Preserve contains
approximately 16 acres of maritime succulent scrub, a rare upland habitat, and conserves an
estimated 25,000 Otay tarplants.
The proposed boundary adjustment would permit a superior grading plan for Village Two
that would not be accomplished under the current Preserve configuration. With the
inclusion of the western fork of Wolf Canyon in the development area, filling that portion
of the canyon would allow for the creation of a relatively flat Village Core. The creation of
a pedestrian friendly Village Core complies with the goals and objectives of both the City's
General Plan and the Otay Ranch GDP.
The proposed boundary adjustment is consistent with the goals and objectives of the City's
General Plan, Otay Ranch GDP and the MSCP Subarea Plan. The proposed boundary
adjustment would result in a superior Preserve design and the City has received
concurrence from the United States Fish and Wildlife Service and the California
Department ofFish and Game for the proposed boundary adjustment.
2. Tncre::lse Tn Pemllsslhle T Tnlts
The applicant is requesting an amendment to the General Plan and Otay Ranch GDP to
increase the permissible number of units in Village Two from a maximum of 2,51 0 units to
a maximum of2,786 units. This proposal would increase the number of permissible single-
family residential units from 709 to 986 single-family units and reduce the number of
permissible multi-family units from 1,801 to 1,800 multi-family units in Village Two. The
proposal would result in an additional 276 dwelling units being permitted within Village
Two (Attachment 3 - Otay Ranch GDP Village Two Amended Land Use Table).
An::llysls'
The City's General Plan identifies Village Two as being within the Western District of the
City. General Plan Objective-LUT 78 describes a higher density, mixed-use Village Core
within the Village Two area to serve Village Two, as well as nearby communities. General
Plan Policy LUT 78.5 envisions the intensification of multi-family residential densities and
11-4
Page 5, Item: I (
Meeting Date: OS/21/06
commercial uses to enhance transit use.
The Otay Ranch GDP, as adopted in 1993, identified the core of Village Two as having a
multi-family density of approximately 10.0 units to the acre. With the addition of a transit
stop to the Village Core in 2005, the Otay Ranch GDP was amended and the density
permitted within the core was increased to 18.0 units to the acre. The increase in density
intends to enhance transit use, reduce automobile dependency and promote social
interaction. The current Otay Ranch GDP identifies Village Two as an Urban Village and
includes a transit station within the Village Core. Urban Villages are described as being
adjacent to existing urban development and being planned for transit-oriented development
with higher densities and mixed uses in the village cores. General Plan policy, in addition
to the Otay Ranch GDP increase in density within the Village Core, results in the additional
276 units. While the overall number of multi-family units has not increased, the multi-
family portions of the proposed project are being intensified in the Village Core.
The proposed boundary adjustment discussed above, also impacts the overall number of
units proposed in the project. By grading a relatively flat Village Core, pursuant to the
policies contained in the Otay Ranch GDP, and filling the western fork of Wolf Canyon (as
described above), the proposal would allow for additional large lot single-family homes
along the northern rim of Wolf Canyon. The location of these homes along Wolf Canyon is
in conformance with General Plan Policy LUT 77.2 that describes the need to limit land
uses adjacent to open space to lower density, large-lot, single-family residential and limited
industrial or business parks.
Based on the foregoing, the increase in the number of permissible units within Village Two
is consistent with the goals and objectives of the City ofChula Vista's General Plan as well
as the OtayRanch GDP.
3. R::I1ciwin 1995 Letter Aereement
In November of 1995, the U.S. Fish and Wildlife Service, California Department of Fish
and Game, County of San Diego, City of Chula Vista and the owner of the Otay Ranch
(then the Baldwin Company) entered into a letter agreement (Attachment 4 - 1995 Baldwin
Letter Agreement) to enhance the long-term viability and sustainability of the Otay Ranch
and the MSCP Preserve system. Specifically, the parties agreed to eliminate development
that had already been approved in the Otay Ranch GDP for approximately 139 acres of
development in Otay Ranch Village 13 (Resort Site) and approximately 98 acres of
development in Otay Ranch Village 15 (Attachment 5 - 1995 Letter Agreement Preserve
Modifications Graphic). The deletion of these areas was deemed to provide significant
contributions to the long-term sustainability of the Preserve as they contained high-quality
habitat and/or contributed significantly to the connectivity and integrated size of the
Preserve system.
11-5
Page 6, Item: II
Meeting Date: 0:'5/21/06
In exchange for the elimination of these development areas, the parties agreed to eliminate
the Otay Ranch GDP coastal sage scrub restoration requirement, as well as allow
development in areas that had been approved as part of the preserve, but contained low-
quality, fragmented and isolated habitats. These areas, including portions of Village One,
One West (62 acres combined) and Village Two West (56.8 acres) were to be removed
from the Preserve and identified for development.
On November 10, 1998, the City of Chula Vista City Council approved an amendment to
the Chula Vista General Plan and Otay Ranch GDP to reflect the negotiated boundary
changes in Village One, One West and Village 13 and 15. The currently proposed General
Plan amendment would include deletion, of the preserve areas within Village Two West.
Analysis:
On July 18, 2001, the County Board of Supervisors adopted a General Plan amendment and
Otay Ranch Subregional Plan (SRP) amendment to eliminate development areas in Otay
Ranch Village 13 and 15 consistent with the 1995 Letter Agreement. The terms of the
1995 Letter Agreement contribute to the long-term viability of the preserve system and
accordingly were also incorporated into the County MSCP Subarea Plan. The deletion of
the Preserve areas within Village Two West would bring consistency with the County of
San Diego's MSCP Subarea Plan and the City of Chula Vista adopted Subarea Plan.
B. General Development Plan Amendments
1. Previously Descriheci Plan rhanees
As described and analyzed above, the applicant proposes to amend the General Plan to: 1)
process a boundary adjustment in the upper reaches of Wolf Canyon; 2) increase the
number of permissible units from a maximum of 2,51 0 units to a maximum of 2,786 units;
and 3) delete the Preserve areas within Village Two West. These items would also require
an amendment to the Otay Ranch GDP. In addition, the following two items would require
amendments to the Otay Ranch GDP:
. Deletion of the Avian Corridor, and;
. Elimination of Coastal Sage Restoration Requirement in accordance with the 1995
Letter Agreement.
In addition to the boundary changes formalized in the 1995 Letter Agreement, the GDP
would also be amended to delete the "potential" avian corridor between Village Two West
and Wolf Canyon, as well as to the eliminate the Otay Ranch GDP coastal sage restoration
requirement.
11-6
Page7,fiem:~
Meeting Date: O'i/?~/On
Anllly~i~'
Deletion of the Avian Corridor
The adopted GDP includes a conceptual "potential" avian corridor connecting Preserve areas
within Poggi Canyon and Wolf Canyon. Wolf Canyon is an extension of the Preserve system
from the Otay River Valley, capturing live-in habitat for birds and smaller mammal species.
While Wolf Canyon is identified in the Otay Ranch Wildlife Corridor Study as a local
corridor for target mammal species, it is not designated a regional wildlife movement
corridor and, therefore, offers little linkage value since Poggi Canyon was approved for
development. The deletion of the avian corridor would not significantly alter the ability of
wildlife (including target mammal species as identified in the Wildlife Corridor Study) to
move through the area, and would not preclude linkages of habitat.
The primary function of the western fork of Wolf Canyon in the original RMP Preserve
design was to accommodate a manufactured corridor between Wolf Canyon and coastal sage
scrub resources in Poggi Canyon. However, as a result ofthe exchange of Preserve areas, the
proposed corridor is no longer proposed because it would not serve any functional purpose.
The benefits of the 1995 Letter Agreement provide an overall improved MSCP Preserve
design and function. Deletion of the avian corridor would not impede overall wildlife
movement within the preserve.
Elimination of Coastal Sage Restoration Requirement
Policy 3.4 and Chapter 4 of the GDP requires a coastal sage restoration program and sets
standards for conservation levels of coastal sage scrub and maritime succulent scrub habitat,
including a conservation target of 1,300 acres of coastal sage restoration, which is anticipated
to be achieved through a combination of preservation and restoration of disturbed and/or non-
native habitat.
The proposed action would eliminate the requirement for coastal sage scrub restoration, but
would not affect the maritime succulent scrub restoration requirement. This action is
consistent with the provisions of the 1995 Letter Agreement, which specifically removed the
coastal sage scrub restoration requirement in exchange for other benefits to the MSCP. The
intent of the 1995 Letter Agreement was, among other things, to ensure that the Otay Ranch
was incorporated into both the Chula Vista Subarea Plan and County MSCP Subarea Plan.
The primary advantage of incorporating the Otay Ranch into both the Chula Vista Subarea
Plan and County MSCP Subarea Plan was to provide greater assurance of long-term
conservation and management of biological resources. In exchange for the long-term benefits
derived by including the Otay Ranch in the MSCP program, and in exchange for elimination
of the otherwise developable areas identified above, the parties to the 1995 Letter Agreement
collectively agreed to a number of revisions to the Otay Ranch land plan as well as the
deletion of the coastal sage scrub restoration requirement. The terms of the 1995 Letter
11-7
Page 8, Item: / /
Meeting Date: O'i/?1/Of1
Agreement contributed to the long-term viability of the Preserve system and provided an
improved design within the Otay Ranch. The deletion of the costal sage requirement was
considered in the negotiated terms of the agreement and the overall benefits of the Preserve
changes provided greater assurances for high-quality coastal sage preservation.
2. Rlimin:ltion ofPref<erve C:onvey:mc.e Sc.heo1l1e
The applicant is proposing to amend the Otay Ranch GDP to eliminate the Preserve
Conveyance Schedule and allow Villages Two, Three and a Portion of Four, as well as all
future Villages, to convey any Otay Ranch Preserve lands in satisfaction of each Village's
conveyance requirement.
An~lYf<if<.
Part II of the Otay Ranch GDP and Policy 5.6 of the Resource Management Plan (RMP) One
require the City of Chula Vista and the County of San Diego (in coordination with the
Preserve Owner Manager) to develop and approve a plan for the orderly conveyance of
dedicated parcels of land to the preserve (Attachment 6 - Adopted RMP Preserve). Both the
City and County adopted a preserve conveyance schedule with the RMP Phase 2 and
subsequently amended the conveyance schedule with the Otay Ranch SPA One Plan
(Attachment 7 - SPA One Conveyance Schedule). The conveyance schedule essentially
establishes a priority for lands to be conveyed into the preserve. Lands with the highest
quality resources and/or in the most vulnerable areas, beginning with what were termed
"keystone" parcels, were to be conveyed first.
Since the adoption of the Otay Ranch SPA One Conveyance Schedule, the majority of the
preserve lands in the schedule that met these requirements: (a) have been offered for
dedication already; (b) are to be offered for dedication as a condition of development
approval, or; (c) have been acquired for purposes of non-Otay Ranch mitigation or for
preservation as permanent open space. Approximately 1,225 acres of available mitigation
land remain within the SPA One Conveyance Schedule, which has not been conveyed or is
pending conveyance (Attachment 8 - Conveyances/Pending Conveyances and Third Party
Acquisitions). The remaining 1,225 acres of SPA One Conveyance Schedule land will not be
enough to meet the applicant's conveyance obligations for their pending SPA Plan
application and foreseeable Otay Ranch development (Attachment 9 - Land in SPA One
Conveyance Schedule Available for Conveyance). The applicant estimates that
approximately 1,998 acres of conveyance obligation will result from this application as well
as those for their portion of the Freeway Commercial site and Village 13 (within the County
of San Diego). Future developments by other landowners within Otay Ranch (i.e. the Eastern
Urban Center, Villages Eight and Nine, etc.) will require the conveyance of additional lands
above and beyond the 1,998 acres identified above.
11-8
Page 9, Item: L
Meeting Date: O'i/?1/06
The majority of the SPA One Conveyance Schedule has already been acquired or conveyed
for dedication to the preserve, or will be offered as a condition of approved development.
Given these circumstances, sufficient land is not available to satisfy the conveyance
requirement for the Village Two, Three and a Portion of Four SPA Plan and other foreseeable
projects. In addition, circumstances have also changed since the adoption of the SPA One
Conveyance Schedule such that equally valuable and high quality biological resources have
been found on other Preserve lands within the Otay Ranch.
C. Otay Ranch Phase 1 and 2 Resource Management Plan Amendments
As part the adoption of the Otay Ranch GDP in 1993, the City Council and San Diego
County Board of Supervisors adopted the Resource Management Plan (RMP). This GDP
document established the policies for habitat preservation and management of the Otay
Ranch Preserve. It required that prior to the approval of the first SPA Plan, Phase 2 of the
plan be approved by both jurisdictions to establish the implementation policies for the
Preserve. The Phase 2 RMP adopted with the SPA One Plan sets the boundary and size of the
Preserve at 11,375 acres, set the conveyance ratio at 1.188 acre of Preserve land for every
acre of development and excludes public or common land uses such as schools and parks
from a conveyance obligation.
The applicant proposes to amend the Otay Ranch Phase 1 and 2 RMP to implement the
aforementioned changes related to the following:
1. To refine the Otay Ranch RMP Preserve boundary to accommodate the grading limits
of Village Two and include additional lands in the RMP Preserve.
2. Amend the RMP to reflect the previously described elements of the 1995 Letter
Agreement:
a. Delete the "potential avian corridor" between Village Two West and Wolf
Canyon;
b. Eliminate three development areas totaling approximately 139 acres within
Village 13 and thereby convert to open space;
c. Eliminate development from approximately 98 acres within Village 13 and
thereby convert to open space
d. Expand the development area by approximately 62 acres in Villages One and
One West
e. Delete Preserve areas in Village Two West; and
f. Eliminate the Otay Ranch RMP coastal sage restoration requirement.
AmI1Y~l~.
Amending the Preserve boundaries to add the development area in the western fork of Wolf
Canyon is consistent with the MSCP and GDP boundary adjustment previously discussed in
11-9
Page 10, Item: II
Meeting Date: OS/21/06
Section A.1. Depositing fill from the Village Core in the canyon will create a more walkable
community with a flatter village. The other RMP amendments are necessary to make the
RMP consistent with the MSCP and Otay Ranch GDP.
The proposed amendments would bring the Otay Ranch General Plan, GDP and RMP into
conformance with the County of San Diego's MSCP Subarea Plan and the amendments
adopted by the County Board of Supervisors, which implemented the negotiated provisions
of the 1995 Letter Agreement.
D. City of Chula Vista Multiple Species Conservation Program
As described and analyzed above, the proposed project includes a MSCP boundary
adjustment to accommodate the grading limits of Village Two and include additional lands in
the MSCP Preserve. The proposed Boundary Adjustment would also require an amendment
to the City of Chula Vista MSCP Subarea Plan. The proposed Boundary Adjustment is
consistent with the goals and objectives of the City's General Plan, Otay Ranch GDP and the
MSCP Subarea Plan. The proposed boundary adjustment would result in a superior preserve
design and has received concurrence from the Resource Agencies.
CONCLUSION:
The proposed General Plan and Otay Ranch General Development Plan with the proposed
revisions will increase the size of the Preserve, allow additional units and developable area
within Village Two, bring the City's MSCP Subarea Plan into conformance with the
County's and eliminate the Preserve Conveyance Schedule to permit conveyance of any
Preserve lands to meet each Village's conveyance requirements. These amendments are
consistent with the goals and objectives of the Otay Ranch GDP because better quality habitat
is preserved, more high quality habitat is preserved, the additional Village Two units and
developable land within Village Two creates a better pedestrian environment, brings
consistency between City and County MSCP Subarea Plans and allows any land within the
preserve to be conveyed to the Preserve Owner/Manager.
FISCAL IMPACT:
There are no fiscal impacts from the preparation of this report and the processing of this
application, since all costs are covered by the deposit accounts.
ATTACHMENTS:
1. Locator Map
2. Proposed Boundary Adjustment to the Chula Vista MSCP Preserve
3. Otay Ranch GDP Village Two Amended Land Use Table
4. 1995 Baldwin Letter Agreement
11-10
Page 11, Item: -LL
Meeting Date: O~/?1/O6
5. 1995 Letter Agreement Preserve Modifications Graphic
6. Adopted RMP Preserve
7. SPA One Conveyance Schedule
8. ConveyanceslPending Conveyances and Third Party Acquisitions
9. Land in SPA One Conveyance Schedule Available for Conveyance
10. Planning Commission Resolution (GPA 01-01)
11. City Council Resolution _
H:\PLANNING\scorrD\V2 GPA CC REpORT.DOC
11-11
PROJECT
lOCATION
\
C HULA VISTA PLANNING AND BUILDING DEPARTMENT
LOCATOR PROJECT PROJECT DESCRIPTION:
C) APPLICANT: The Otay Ranch Company ENVIRONMENTAL IMPACT REPORT
PROJECT South of Olympic Pkwy and
ADDRESS: East of Otay Landfill. Village 2, 3 and 4 (Portion)
SCALE: FILE NUMBER: ATTACHMENT 1
NORTH No Scale EIR-02-04 1 .1 I>
J:\plan n ing\carlos \locators\eir0202.cdr 02.28.06
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11-13
OTAY RANCH GDP VILLAGE TWO AMENDED LAND USE TABLE
Village Two
Dwelling Units Acreage Approx.
Use Open
SF MF Total Dens Res. Park* CPF** Sch. C'm!. Ind. Sp.+ Art. Total Pop.++
LMV 986 986 5.0 198.7 198.7 3,254
MU 60 60 8.8 6.8 15.4 11.0 11.9 4;5.1 155
MH 1,740 1,740 13.4 129.6 10.3 139.9 4,489
INO 87.9 87.9
OTHER 8.3 239.2 68.8 316.3
TOTAL 986 1,800 2,786 8.3 335.1 23.7 11.0 10.3 11.9 87.9 239.2 68.8 787.9 7,898
*Actual park size to be determined by Parks Master Plan at the SPA level; Park acreage based on ratio of 3.0-acres per 1000 persons.
**S.1-Acres C P F will be provided with balance to be provided in Village Three; C P F acreage based on ratio of 1 .39 acres per 1 000 persons.
+Open Space acreage within Village Two includes the 1 ,ODD-ft. buffer from the landfill and adjacent land uses.
++ Population coefficient is 3. 3 persons per single-family unit and 2.S8 persons per multi-family unit.
Exhibit 40 Village Two Land Use Table
Attachment 3
11-14
~
The ~a)dwin Com pan}'
Craftsmanship in building since 1956
November la, 1995
Mr. Gail Koberich
u.s. Fish and wIldlife Service
2730 Lower Avenue West
Carlsbad, CA 92007
Ms. Lari Sheehan
.Assistant Chief Administrative Officer
County of San Diego
1600 Pacific Highway
San Diego, CA 92101
VIT. Ron Rempel
Denartment ofFish and Game
1416 9th Street
SacrGmento, CA 95814
Mr. John Goss
City Manager
City of Chula Vista
276 Fourth Ave
Chula Vista, CA 9191 0
Dear Gentlepersons:
Enclosed is a surnma...J' of the elements of the Otay Ranch MSCP Subarea Plan
agreement. I -look forward to your questions or comments. The Baldwin Company does
not object to public discussion of this agreement.
Sincerely,
Enclosure
KJKJ cc
cc: Jerry Jamriska, Otay Ranch Project Team
Bob Leiter, City of Chula Vista
Bob ..\sher, County of San Diego
.A.nn Ewing, County of San Diego
Tom Oberbauer, Counry of San Diego
/6-'
1 !9~5 !::! Camino R::2] . Suit!: 200 "ffo.Jysgo. CA 92130 . (619) 259-2900
ATTACHMENT 4
C'0liTH CO~ryy SUBAREA PL",-,~
.ID~ following ar~ the ~kmen!S or a proposed ~crreement betwe~n the City of Chula Vistz,
me County or San Diego, the Califorrua Fish and Game Depanrnent, the US Fish and
Wildlife Agency, and the Baldwin Company concerning the South County/Otay Ranch
MSCP Subarea Plan relative to Dtay Ranch properties controlled by Tne Baldwin
Company or Baldwin Company affiliates.
_~ Elimination of Otay Ranch GDP/SRP Development Entitlements
Tne South County/Otay Ranch MSCP Subarea Plan will be prepared, and the Otay Ranch
GDP/SRPPlan will be amended, to eliminate development entitlements for the rollowincr
- ~
areas and to d~ignate such ar:2S as part of the MSCP Preserve.
'-
1. Central Proctor Valley (Otay Ranch Village 14, See Exhibit 1)
a.. PV 1: Approximately 10 acres located west of Proctor Valley Road designated
"Ll" by the Otay Ranch GDP/SRP containing approximately 20 dwelling
umts.
b. PV2: Approximately 70 acres on the east side of Village 14, designated "LT'
by tile Ot2.y Ranch GDP/SRP, containing approximately 35 dwelling units.
c. PV3: Approximately 119.2 acres ofland in the southern portion of Village 14
designated by the Otay Ranch GDP/SRP as "'LMV 3" and uLMV 2",
containing approximately 290 dwelling units.
2. Resort village (Village 13, See Exhibit 2)
a.. Rl: Approximately 40.5 acres of land in the e2stern portion or Village 13
designated "L2" by the Otay Ranch GDP/SRP, containing approximately 81
dwelling units.
b. R2: Approximately 88 acres or development in the eastern portion or Village
13 d~ignated '"'LMV 3'" by the Otay Ranch GDP/SRP, containing
approximately 264 dwelling units.
c. R3: Approximately 9 acres of development in the eastern portion or Village
13 designated "LMV 3" by the Otay Ranch GDP/SRP, containing
approximately 27 dwelling units.
3. Southe2St of the Lake (Village 15, See Exhibit 3)
a.. SE 1: Approximately 42 acres or development in the southwest portion of
Village 15 designated <<VLO.T' by the Otay Ranch GDP/SRP, containing
approximately 16 dwelling un.its.
1:\l'-lK\199S\MSCPSlo.OO:
I In D"?5
19
11-16
D. SE2: ApPl jmalely 48 acres of developmem h""1 LDe southwest ponion of
Village 15 designaled "VLO.7 by the Otay P.....a...'1cn GDP/SRP, containing
approximately 17 dwelling units.
. B. Areas of Development Added to the Otay Ranch GDP/SRP.
The South CountyJOtay Ranch MSCP Subarea Plan will be prepared., and the Otay Ranch
GDPJSRP will be amended., to designate the following areas as developable and remove
such areas from the Otay Ranch Preserve.
1. Poggi Canyon, (See Exhibit 4)
Land in Otay Ranch Villages One and Two, west of Paseo Ranchero (PI) will be
designated developable for residential uses or for the construction of public infrastructure,
(primarily Orange Avenue, related utilities and a trolley line). The expanded residential
development areas within Otay Ranch ownership will equal approximately 140 acres
(Village One and Village Two combined) and contain a land use designation of <eLM 3",
permitting 420 units. Development would also be permitted in the small Wolf Canyon
finger between Village 2 and Village 3, cmrently omitted from development as a
pOtential aVian corridor linked to Poggi Canyon (p2): .till these areas (Villages 1, 2 and
3) will be removed from the 013y Ranch Resource Preserve and excluded from the MSCP
Preserve. The Poggi Canyon area east of Pas eo Ranchero, between Village One and
Village Two, is not part of the btay Ranch Preserve, or of the Draft MSCP Preserve
because the ~ contaills low quality, fragmented. and isolated habitats, not sustainable in
the long term. Entitlements may be approved and development may proceed in that area
resulting in the development of occupied habitats.
Ponions of the land west of Pas eo Ranchero (PI) are not within Otay Ranch ownership.
Tnese properties would be governed by this agreement and would not be included in the
Subarea Preserve. Development entitlement for these properties would be determined by
the City of Chula Vista, effective upon annexation.
2. Village 10 and 1 I (See Exhibit 5)
a. SCl - Otay Valley Road. Realign Otay Valley Roaci/Hunte Parkv.:ay eastward
to the road alignment depicted in Exhibit 5 (which roughly equates to the
alignment contained in the Otay Ranch Phase 2 Progress Plan)_
D. SC2 - Village 10 and 1 L -Expand the development area in Villages 10 and J 1,
eastward to abut the newly aligned Otay Valley RoadIHunte Parh-way, adding
approximately 93 acres of development with a land use designation of <'LMV
4.5", permitting approximately 460 units. This will cause a minor adjustment
in the configuration of the adjacent community park to ensure that the area
contaim 25 acres of viable park land. (5C3)
I:\KJh-', I 99 5'.\1SCPSL'E.DOC
1 JIIO.'95
2 c2f)
11-17
Village ?our (See ExmDit 6)
2... Rock Mountain. Expand the development area in Village Four to include
approximately 70 acres roughly located on Rock Mormtall and increase the
permissible number of dwelling units within Village Four by 350 units (the
location of new units will be determined. by the land use jurisdiction through
the GDP/SRP amendment process).
4. Village Nme (See Exhibit 7)
2..... South of Otay Valley Road. Add approximately .] 0 jacres in three new
development .areas to Village Nine south of Otay Valley Road connecting the
existing four deyelopment <<blobs". The land use jurisdiction may reallocate
Village Nine dwelling units to the area south of Otay Valley Road.
C Other Considerations
1. City of Chula Vista and the County of San Diego will decrease densities
within the Otay Ranch transit village cores from an average of 18 dwelling
unlIS per acre to 14.5 dwelling units per acre, resulting in a decre2Se of 1,057
unirs rvillages 1,5, 6 and 8).
2. DRfr the MSCP Subarea Plan and amend the Otay Ranch GDP/SRP and
rel,ated documents to el1mim'lte coastaL sage scrub and maritime succulent
scrub mitigation requirements for-restoration.
3. California Department of Fish and Game agrees to approve the establishment
of a Habitat Maintenance District to fund the Otay Ranch Resource Preserve
plLrsuant to the prov1sions of the Habitat Maintenance District Act.
4. The parties agree to support the establishment of a federal wildlife refuge for
the designated Otay Ranch open space areas east of the Otay Reservoir. Upon
the est2.blishment of such a refuge, the Fish and WIldlife Agency will be
designated the Otay Ranch Preserve OwnerlManager for those portions of the
012y Ranch Preserve that lie within the refuge. The City and the County will
thereafter require that Otay Ranch preserve land be conveyed to the Wildlife
Refuge, consistent with the provisions of the Otay Ranch GDP/SRP, RMP and
Preserve Conveyance Plan. Land conveyed to the Wildlife Refuge shall be
the maintenance respor:sibility of the Fish and Wildlife Agency or its
designe~, without fmancial assistance from 2Ssessment districts or other
fmancLlg or exaction mechanisms imposed by the City of Chula Vista or the
County of San Diego.
5. Tne panies agree that the initial Ot2.y Ranch Preserve Financing Plan program
v..ilI be established to generate sufficient revenues to maintain the entire Otay
Rmcn Preserve wilham the creation a Wildlife Refuge. However, if a
l:'.KJ~, 19?5\.'v\SC?Sl:S.DOC
1 J/i O:~5
:; ~(
11-18
Wildlife R ge assumes maintenance respo:nsiDi~_ _j . for preselYe land, the
firs: priority for revenues diverted ~om maintenance of refuge land shall be
for 0"L2Y Ranch PreselYe OwnerlManager tasks -within the western portions of
the PreserVe, which were not initially funded through the Phase 2 RMP
finance mechanism (specifically the establishment and maintenance of a
Narure Interpretive Center and research and education programs associated
with the Nature Interpretive Center and the Otay Valley Regional Park).
6. The Sensitive Resource Study (SRS) area contained within the Otay Ranch
Resort Village (Village 13) shall be removed from the Otay Ranch GDP/SRP
and State and Federal agencies shall not object to development of such areas
purSU2Ilt to the Otay Ranch GDP/SRPISRP.
7. The State and Federal Resource Agencies agree to issue necessary <<take
permits" for th~ development of Otay Ranch consistent with the land use
entitlements contained in the Otay Ranch GDP/SRP as modified through the
implementation of this agreement.
D. Implementation Process
Tills agreement shall be implemented through the following process:
I. Subarea Plan. The City of Chwa Vista and the County of San Diego shall
proceed with the development of their respective MSCP Subarea Plans which
incorporate the Otay Ranch Planning Area. Tne Subarea Plans area shall
reflect - the provisions of the "Otay Ranch GDP/SRP as proposed for
modification by this agreement. For those areas ror which it is proposed that
current Otay Ranch development entitlements be e~iminated (Section A
above), the Subarea Plan sball provide that take perrillts will not be
authof.LZed. For those areas for which it is proposed that additional areas of
development be authorized (Section B above), the Subarea Plan shall provide
that take permits will be authorized. The Subarea Plan text shall also
incorporate the provisions of "Other Considerations" as discussed in Section
C above.
2. MSCP Process. The Subarea Plans shall be submitted to the City of San
Diego ror inclusion in the revised MSCP, including necessary environmental
reVlew.
3. SP.~ One. The City of Chula Vista and the County of San Diego shall
continue processing the" Otay Ranch SPA One application and related
documents (including but not limited to the SPA One tentative map, the Chula
VisLa Sphere of Influence, the initial Otay Ranch annexation, the Otay Ranch
Overall Design Plan and Olay Ranch Phase 2 RlYfP).
4. GeneiC.l Plan A.mendment. Soon after approval of the Otay Ranch SPA One
Lznd Plan, tentative map and the annexation of SPA One into the City of
!:\KJ;';:'.1 ~9 5IMSCPSt.:3.::X:>:::
I i,'l 0-'95
4~
11-19
Chula Vis~ Lhe Baldwin Company shall initiate 2. veneral Plan lunendmem
applications through the City of Chula Vist2. and the 'County of San Diego
seeking plan amendments to implement the components outlined in A, B, and
C above. It is understood that as a private applicant, the applic2I1t shall pay
full cost recovery fees for the processing of the General Plan Amendments.
E. Timing
1. All parties understand that time is of the essence, with respect to the
preparation, review and action on MSCP documents and SPA One related
documents (as outlined above). Implementation of the MSCP Subarea Plan
agreement is a distinct and sepal-ate process from the processing of SPA One
related documents. Implementation of this agreement does not require delay
of the timely consideration of SPA One related applications. To the contrary,
failure to proceed with SPA One related applications jeopardizes the ability of
The Baldwin Company to implement the elements of this agreement.
2. Implementation of the dements or this agreement is not dependent upon
resolution of outstanding MSCP issues involving Otay Ranen properties not
conuolled by The Baldwin Compa..T1Y or Baldwin Company affiliates.
1:'.;'::;;';'\ 1i)95\MSCPSt.'S.:XX:
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lage Fineen l2f1d Use !1.20
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11-23
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Ocwber 28. 1993
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ATTACHMENT 10
RESOLUTION NO. GP A-OI-Ol
RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CHULA
VISTA RECOMMENDING THAT THE CITY COUNCIL APPROVE
AMENDMENTS TO THE CITY OF CHULA VISTA GENERAL PLAN AND THE
OTAY RANCH GENERAL DEVELOPMENT PLAN (GDP) INCLUDING THE
PHASE 1 AND 2 RESOURCE MANAGEMENT PLAN (RMP) FOR VILLAGES
TWO, THREE AND A PORTION OF FOUR.
WHEREAS, the City ofChula Vista General Plan was approved on December 13, 2005, the
Otay Ranch General Development Plan (GDP) AND Phase 1 Resource Management Plan (RMP)
were approved on October 28, 1998, and the Otay Ranch Specific Planning Area One Plan and Phase
2 RMP were approved on June 4, 1996; and,
WHEREAS, an application to consider amendments to the City ofChula Vista General Plan
and the Otay Ranch General Development Plan, including the Phase 1 and 2 Resource Management
Plan, for Villages Two, Three and a Portion of Four was filed with the City ofChula Vista Planning
and Building Department on January 25,2005 by Otay Project L.P., and Flat Rock Land Company,
LLC ("Applicant"); and,
WHEREAS, the Project is also the subject matter of an amendment to the Otay Ranch
General Development Plan (GDP) to be considered by the Planning Commission and City Council,
wherein the Planning Commission and City Council, in the environmental evaluation of said
amended GDP, relied in part on the original Otay Ranch General Development Plan Program
Environmental Impact Report 90-01, and the Otay Ranch Villages Two, Three and a Portion of Four
Second- Tier Environmental Impact Report ("EIR 02-02") (SCH#2003091 0 12), the candidate CEQA
Findings and Mitigation Monitoring and Reporting Program; and,
WHEREAS, The City's Environmental Review Coordinator has reviewed the Project and
determined that the Project would result in a significant impact to the environment, therefore, a
Second-Tier Environmental Impact Report (EIR 02-02) has been prepared; and,
WHEREAS, , the Planning Commission held an advertised public hearing on the Project
on May 10, 2006 and voted 5-0 to approve Planning Commission Resolution No. PCM-01-01
recommending to the City Council approval of the amendments to the General Plan and Otay
Ranch GDP, including the Phase 1 and 2 Resource Management Plan (RMP) for Villages Two,
Three and a portion of Village Four; and,
WHEREAS, the hearing was held at the time and place as advertised, namely 6:00 p.m. May
10,2006, in the Council Chambers, 276 Fourth Avenue, before the Planning Commission and said
hearing was thereafter closed.
NOW, THEREFORE, BE IT RESOLVED THAT, from the facts presented to the
Planning Commission, the Commission has determined that the approval of amendments to the
General Plan and Otay Ranch GDP, including the Phase 1 and 2 Resource Management Plan (RMP)
11-33
for Villages Two, Three and a portion of Village Four is consistent with the City of Chula Vista
General Plan, the Otay Ranch General Development Plan, and all other applicable Plans, and that the
public necessity, convenience, general welfare and good planning practice support the approval.
BE IT FURTHER RESOLVED THAT THE PLANNING COMMISSION recommends
that the City Council adopt a resolution approving amendments to the General Plan and Otay Ranch
GDP, including the Phase 1 and 2 Resource Management Plan (RMP) for Villages Two, Three and a
portion of Village Four in accordance with the findings contained in the attached City Council
Resolution No. .; and,
And that a copy of this resolution be transmitted to the owners ofthe property and the City
Council.
PASSED AND APPROVED BY THE PLANNING COMMISSION OF CHULA
VISTA, CALIFORNIA, this 10th day of May, 2006 by the following vote, to-wit:
AYES:
NOES:
ABSENT:
ABSTENTIONS:
Vicki Madrid, Chair
ATTEST:
Diana Vargas, Secretary
H:\PLANNING\SCOTTI)W2 GPA-Gm' PC RESOLUTION.DOC
11-34
RESOLUTION NO.
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA
VISTA APPROVING AN AMENDMENT TO THE CITY OF CHULA VISTA
GENERAL PLAN AND THE OTAY RANCH GENERAL DEVELOPMENT PLAN
(GDP) INCLUDING THE PHASE 1 AND 2 RESOURCE MANAGEMENT PLAN
(RMP) FOR VILLAGES TWO, THREE AND A PORTION OF FOUR.
WHEREAS, the City of Chula Vista General Plan was approved on December
13, 2005, the Otay Ranch General Development Plan (GDP) AND Phase 1 Resource
Management Plan (RMP) were approved on October 28, 1998, and the Otay Ranch
Specific Planning Area One Plan and Phase 2 RMP were approved on June 4, 1996; and,
WHEREAS, an application to consider amendments to the City of Chula Vista
General Plan and the Otay Ranch General Development Plan, including the Phase 1 and 2
Resource Management Plan, for Villages Two, Three and a Portion of Four was filed
with the City of Chula Vista Planning and Building Department on January 25, 2005 by
Otay Project L.P., and Flat Rock Land Company, LLC ("Applicant"); and,
WHEREAS, the Project is also the subject matter of an amendment to the Otay
Ranch General Development Plan (GDP) to be considered by the Planning Commission
and City Council, wherein the Planning Commission and City Council, in the
environmental evaluation of said amended GDP, relied in part on the original Otay Ranch
General Development Plan Program Environmental Impact Report 90-01, and the Otay
Ranch Villages Two, Three and a Portion of Four Second-Tier Environmental Impact
Report ("ErR 02-02") (SCH#2003091012), the candidate CEQA Findings and Mitigation
Monitoring and Reporting Program; and,
WHEREAS, The City's Environmental Review Coordinator has reviewed the Project
and determined that the Project would result in a significant impact to the environment,
therefore, a Second-Tier Environmental Impact Report (EIR 02-02) has been prepared;
and,
WHEREAS, the Planning Commission held an advertised public hearing on the
Project on May 10,2006 and voted 5-0 to approve Planning Commission Resolution No.
GPA-OI-0l recommending to the City Council approval of the amendments to the
General Plan and Otay Ranch GDP, including the Phase 1 and 2 Resource Management
Plan (RMP) for Villages Two, Three and a portion of Village Four; and,
WHEREAS, the City Council set the time and place for a hearing on the Project
and notice of said hearing, together with its purpose, was given by its publication in a
newspaper of general circulation in the city and its mailing to property owners within
500-feet of the exterior boundaries of Village Two, Three and a Portion of Four; and,
WHEREAS, the hearing was held at the time and place as advertised, namely
6:00 p.m. on May 23,2006 in the Council Chambers, 276 Fourth Avenue, before the City
Council and said hearing was thereafter closed.
11-35
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of
Chula Vista does hereby find, determine, resolve and order as follows:
I. PLANNING COMMISSION RECORD
The proceedings and all evidence introduced before the Planning Commission at
their public hearing held on May 10, 2006 and the minutes and resolutions
resulting therefrom, are hereby incorporated into the record of this proceeding.
These documents, along with any documents submitted to the decision makers,
shall comprise the entire record of the proceedings for any California
Environmental Quality Act (CEQA) claims.
II. COMPLIANCE WITH CEQA
The City Council hereby finds that the Project, as described and analyzed in the
Second-Tier Final EIR 02-02, would have no new effects that were not examined
in said Final EIR (Guideline 15168 (c)(2)).
III. ACTION
The City Council hereby approves the amendments to the General Plan and the
Otay Ranch General Development Plan (GDP) including the Phase 1 and 2
Resource Management Plan (RMP) for Villages Two, Three and a portion of
Village Four based upon findings contained herein and is consistent with the City
of Chula Vista General Plan, the Otay Ranch General Development Plan, and all
other applicable Plans, and that the public necessity, convenience, general welfare
and good planning and zoning practice support their approval and
implementation.
IV. FINDINGS
The proposed amendments to the General Plan and the Otay Ranch General
Development Plan (GDP) including the Phase 1 and 2 Resource Management
Plan (RMP) for Villages Two, Three and a portion of Village Four are consistent
with the City ofChula Vista's General Plan and the Otay Ranch GDP.
XII. INVALIDITY; AUTOMATIC REVOCATION
It is the intention of the City Council that its adoption of this Resolution is
dependent upon the enforceability of each and every term, provision and condition
herein stated; and that in the event that anyone or more terms, provisions, or
conditions are determined by a Court of competent jurisdiction to be invalid,
illegal or unenforceable, this resolution shall be deemed to be automatically
revoked and of no further force and effect ab initio.
11-36
Presented by
James D. Sandoval, AICP
Planning and Building Director
H:\PLANNING\SCorrD\V2 GPA-GDP CC RESOLUTION.DOC
11-37
Approved as to form by
~Moor
City Attorney
COUNCIL AGENDA STATEMENT
Item No.: 1;J-
-
Meeting Date: OS/21/0h
ITEM TITLE:
PUBLIC HEARING: Consideration of a Sectional Planning Area (SPA)
Plan including Planned Community District Regulations, Village Design
Plan, Business Park Design Plan, Public Facilities Finance Plan,
Affordable Housing Program and other regulatory documents on 1,187.3
acres of land in Villages Two, Three and a Portion of Four of the Otay
Ranch.
RESOLUTION: Resolution of the City Council of the City of Chula
Vista approving a Sectional Planning Area (SPA) Plan including Planned
Community District Regulations, Village Design Plan, Business Park
Design Plan, Public Facilities Finance Plan, Affordable Housing Program
and other regulatory documents on 1,187.3 acres ofland in Villages Two,
Three and a Portion of Four ofthe Otay Ranch.
SUBMITTED BY:
ORDINANCE: Ordinance of the City Council of the City ofChula Vista
approving the Sectional Planning Area (SPA) Planned Community District
Regulations for Otay Ranch Village Two, Three and a Portion of Four.
Director o[Planning and Builclin~
CityManager~~ (4/Sths Vote: Yes _ No ---X..)
REVIEWED BY:
Otay Project L.P. has submitted an application for a Sectional Planning Area (SPA) Plan and
associated regulatory documents for Village Two, Three and a Portion of Four in the Otay Ranch.
Villages Two, Three and a Portion of Four are located at the western edge of the Otay Valley
Parcel, south of Olympic Parkway (poggi Canyon), west of the future extension of La Media
Road, east and southeast of the Otay Landfill and north of the future extension of Main
Street/Rock Mountain Road. The project site is also bisected by Wolf Canyon on the south side
of Village Two, the north side of Village Four and the eastern side of Village Three.
RECOMMENDATION: Staff recommends that the City Council adopt a resolution approving
the Sectional Planning Area (SPA) Plan including Village Design Plan, Business Park Design
Plan, Public Facilities Finance Plan, Affordable Housing Program and other regulatory
documents and an ordinance adopting the Planned Community District Regulations on 1,187.3
acres ofland in Villages Two, Three and a Portion of Four of the Otay Ranch.
BOARDS/COMMISSIONS RECOMMENDATION: The Planning Commission met on May
10, 2006 and voted 5-0 to recommend approval of the SPA Plan for Village Two, Three and a
Portion of Four.
12-1
Page 2, Item: I d--
Meeting Date: OS/?1/Ofl
The Resource .Conservation Commission met on April 17, 2006 to consider the Final Second
Tier Environmental Impact Report (EIR-02-02) and voted 6-0 to recommend certification of the
document
ENVIRONMENTAL REVIEW: The City's Environmental Review Coordinator has reviewed
the Proj ect and determined that the Proj ect would result in a significant impact to the
environment; therefore, a Second-Tier Environmental Impact Report (EIR 02-02) has been
prepared. Certification of the Second-Tier Environmental Impact Report for this project (EIR 02-
02) will be considered by the City Council.
DISCUSSION:
Rackerollnd
In October of 1993, the City Council and San Diego County Broad of Supervisors adopted the
Otay Ranch General Development Plan (GDP)/Subregional Plan (SRP). The GDP designated
Village Two as an urban village without Light Rail Transit (LRT) service, Villages Three as
Industrial and Four as mostly low density single-family residential. In 1997, the City annexed
9,100 acres of the Otay Valley Parcel into the City and entered into an agreement with the
County of San Diego to limit land uses within 1,000 feet of the Otay Landfill operation to non-
residential uses. In a subsequent General Plan and GDP amendments, the area within the
"Landfill Buffer" in Villages Two, Two West and Three was designated Light Industrial as
indicated on the current General Plan. Public facilities such as the Otay Ranch High School and
the City's Fire Station No.7 were pioneered in Village Two because of need in the community.
On December 13, 2005 the City Council adopted the City of Chula Vista's Comprehensive
General Plan Update, which also included amendments to the Otay Ranch General Development
Plan (GDP). The December 2005 amendments to the City's General Plan and the Otay Ranch
GDP increased the permissible maximum number of units in Village Two from 1,719 (709
single-family residential units and 586 multi-family residential units) to 2,510 dwelling units
(709 single-family residential and 1,801 multi-family residential units). These amendments also
relocated the community park to Village Four and relocated the Village Core's mixed-use area
within Village Two. As part of the General Plan Update, transit service was changed from LRT
to Bus Rapid Transit (BRT) and service expanded with two additional lines. Since one of those
lines provides BRT service to Village Two, the 2005 GPU/GDPA also changed the multi-family
residential densities from 14 dwelling units per acre to 18 dwelling units per acre to support the
transit stop within the village. Village Three remains primarily industrial serving as a transition
from existing industrial areas to the Otay Ranch residential villages. Village Four became the
new location for the Community Park and the remainder of the village is anticipated to be
developed as low density single-family residential units.
12-2
Page 3, Item: /?-
Meeting Date: O':;/?'1106
As previously discussed, the proposed Village Two SPA Plan reflects the proposed amendments
to the City's General Plan and the Otay Ranch GDP described in GPA-Ol-Ol and PCM-Ol-Ol.
Proposed amendments to the City's General Plan include an Multiple Species Conservation Plan
(MSCP) Boundary Adjustment, an additional increase in the number of units permitted in Village
Two and a MSCP Subarea Plan Amendment. An amendment to the Otay Ranch GDP's Resource
Management Plan is also included. A full description of the proposed project is as follows.
Rxistine Site C':haracteristics
Villages Two, Three and a Portion of Four are located in the western section of the Otay Valley
Parcel in Otay Ranch on rolling hills that were previously used for agricultural purposes. Village
Two is approximately 775-acres and is bound on the north by Olympic Parkway, on the south by
Wolf Canyon, on the east by La Media Road, on the southwest by the Otay Landfill and on the
northwest by the Sunbow Industrial area. Village Three is approximately 368-acres generally
located south and southeast of the Otay Landfill. Village Three is bound on the south by Main
StreetIRock Mountain Road, Wolf Canyon to the east, the East Main Street Subarea to the west
and the landfill to the north. The 44.2-acre portion of Village Four is bound by Wolf Canyon to
the north and west, La Media Road to the east and the remainder of Village Four to the south. A
City of San Diego waterline runs through the Community Park site, Wolf Canyon and portions of
Village Two. The waterline is owned in fee; it would be maintained in public ownership and left
in place as part of this project.
(;eneral Plan, Zonin~ and T ,and Use
The City's General Plan and the Otay Ranch GDP designate the land within the Otay Valley
Parcel for urban villages based on the pedestrian friendly village concept. This concept locates
higher residential densities and a variety of mixed-uses within the "Village Core", and then
surrounds the core with a secondary area of lower density single-family homes.
The General Plan identifies Villages Two and Three in the Western District of the Otay Ranch
Subarea and Village Four in the Central District. The General Plan designates residential land
uses in Village Two as Residential Low Medium (3-6 dwelling units per acre). In addition, there
is a Village Core located within Village Two that contains two neighborhood parks (NP) and an
elementary school (ES). Village Three is designated as "light industrial" in the General Plan and
the portion of Village Four included in this project is designated as Community Park (CP).
The Otay Ranch GDP authorizes 2,510 dwelling units (709 single-family and 1,801 multi-
family), and 87.9-acres of Industrial development within the Otay Landfill buffer for Village
Two, Industrial (1) development for Village Three and a Community Park for the portion of
Village Four included within this application. Table 1 summarizes the zoning, General Plan Land
Use Designation, Otay Ranch GDP Land Use Designation, number of residential units and the
existing use of the property.
12-3
Page 4, Item: /;?-
Meeting Date: 05/)1/06
Table 1
VILLAGE TWO, THREE AND A PORTION OF FOUR GENERAL PLAN AND
GENERAL DEVELOPMENT PLAN LAND USES
Chula Vista General Plan Otay Ranch No. of Units Existing Land
Municipal Land Use GDP Land Use Use
Code/ZoninQ" Desi~nation Deshmation
Villa~e Two
PC Residential Low Medium 709 Vacant
Low Medium Village (3-6
(3-6 units/acre) units/acre)
PC Village Core Medium High 1,654 Vacant
(11-18
units/acre)
Mixed Use 147 Vacant
PC Neighborhood Park N/A Vacant
Park
PC Elementary Elementary N/A Vacant
School School
Villap"e Three
PC Light Industrial Industrial N/A Vacant
Villap"e Four (Portion)
PC Community Community N/A Vacant
Park Park
Proposed Project
The proposed project site consists of Village Two, Village Three and a 44.2-acre portion of
Village Four. The Village Four portion is designated for a Community Park with the balance of
the village south of the Community Park as single-family, which will be implemented in a
subsequent SPA Plan. Village Two consists of approximately 775 acres and is proposed to be
developed with 1,800 multi-family residences and 986 single-family dwelling units. Village
Two's core runs east to west along Santa Victoria Road through the middle of the village. Village
Three is approximately 368 acres and is proposed to be developed as an industrial business park.
A 1,000-foot buffer surrounds the Otay Landfill and restricts the use of property within it to non-
residential uses. Portions of Village Two, Village Two West (west of Heritage Road) and Village
Three are within the Otay Landfill buffer and are planned for Industrial uses. The portion of
Village Four within this SPA Plan is 44.2-acres that are under the ownership of Otay Project L.P.
and is designated for a 70-acre community park when combined with other parkland in Village
Four under separate ownership. The proposed SPA Plan relies on the approval of amendments to
the City's General Plan and the Otay Ranch General Development Plan (as described in GPA-Ol-
01 and PCM-OI-Ol).
12-4
Page 5, Item: /;?-
Meeting Date: O';/?1/o{)
SPA Plan Analysis
A. Rpsidpntial Land TTsps
Fourteen single-family residential neighborhoods are proposed to contain 986 single-family
residences ranging from 2.9 to 7.7 units per acre on lot sizes averaging from approximately 2,890
square feet to 18,938 square feet. Like Village One West to the north of the project site, Village
Two West is planned as a transition from typical suburban and planned industrial development in
Sunbow to the village concept of Otay Ranch. Village Two West includes larger traditional
single-family lots and industrial land uses abutting the Otay Landfill in the 1,000-foot buffer.
Thirteen multi-family developments (including three mixed-use sites) provide an additional
1,800 dwelling units, which range from 8.3 to 21.1 units per acre. These multi-family
developments will incorporate a variety of housing types including alley homes, townhouses,
condominiums and apartments. Each of the multi-family developments will provide street
frontage to enhance the pedestrian experience and provide a human scale. In higher density
multi-family neighborhoods, individual pedestrian connections to some of the units will be
provided as well. The following table is a summary of the residential land uses within Village
Two.
Table 2
PROPOSED RESIDENTIAL NEIGHBORHOODS
Neighborhood Land Use Acreage Dwelling Units Target
I Area DU's/Acre
Villape Two - SinQle Familv
R-4 SF 41.5 160 3.9
R-6 SF 12.6 63 5.0
R-7 SF 9.4 44 4.7
R-8 SF 10.0 50 5.1
R-9 SF 13.3 101 7.6
R-15 SF 7.2 45 6.3 .'
R -18A SF 11.8 65 5.6
R-18B SF 10.4 48 4.4
R-19 SF 10.8 83 7.7
R-20 SF 19.3 83 4.3
R-21 SF 22.2 64 2.9
R-23 SF 13.1 71 5.4
R-24 SF 7.6 41 5.4
R-25 SF 9.5 68 7.2
Subtotal 198.7 986 5.0
12-5
Page 6, Item: / :J-
Meeting Date: 0';/')1/00
Neighborhood Land Use Acreage Dwelling Units Target
I Area DU's/Acre
VillaQe Two - Multi-Familv
R-5 MF 15.7 130 8.3
R-10 MF 4.5 90 20.0
R-11 MF 9.9 144 14.5
R-12 MF 24.0 295 12.3
R-13 MF 10.3 149 14.5
R-14 MF 7.6 137 18.0
R-16 MF 3.5 74 21.1
R-17 MF 11.5 119 10.3
R-26 MF 8.8 75 8.5
R-27 MF 8.8 110 12.5
R-28 MF 5.9 85 14.4
R-29 MF 8.9 152 17.1
R-30 MF 10.2 180 17.6
Subtotal 129.6 1740 13.4
VillaQ'e Two - Mixed Use
MU-1 MU 1.1 10 9.1
MU-2 MU 1.4 12 8.6
MU-3 MU 4.3 38 8.8
Subtotal 6.8 60 8.8
TOTAL 335.1 2.786 -
Rp.~id{mtial rand r r~P. Analysis
The single-family and multi-family residential components of the proposed SPA Plan are
designed to provide a variety of housing types, lot sizes and densities consistent with the goals
and objectives of the Otay Ranch GDP as well as the Housing Element of the General Plan. Lot
sizes for single-family homes will range from 2,890 square feet to 18,938 square feet with
densities of 2.9 to 7.7 units per acre. Village Two is designed with a strong "grid-system" of
streets to provide multiple points of access and disperse traffic. Village Two implements the
"village concept" by locating the highest density residential areas near the village core and then
decreasing densities, and creating larger single-family residential lots, nearer to the edges of the
village. Residential neighborhoods with the lowest densities are located along the edges of Wolf
Canyon in the southern portion of Village Two.
The Planned Community (PC) District Regulations contain detailed requirements for the Zoning
Administrator Site Plan and Architectural Review for single-family homes, and for the Design
Review Committee review for multi-family and commercial projects. The regulations will ensure
that all of the proposed SPA Plan will be developed in accordance with the principles and other
criteria contained in the Village Design Plan.
12-6
Page 7, Item: / f)-
Meeting Date: OS/21/Ofi
B. Commercial I,and Uses
Three mixed-use and one 11.9-acre commercial site are proposed within the Village Core of
Village Two. State Street (the westerly extension of Birch Road from Village Six) is intended to
provide a pedestrian friendly entry to the project. It will be fronted on the north by a 4.3-acre
mixed-use project with 38 two-story residential units (MU-3) and on the south by the 11.9-acre
(C-1) commercial site that may include a grocery store. Across Santa Victoria, to the west of the
C-1 site, is another mixed-use project that includes commercial space with 12 residential units
(MU-2) on 1.4 acres. The third mixed-use site (MU-1) is located near the western roundabout
and the town square. MU-1 will include commercial space and 10 residential units on 1.1 acres.
rnmmprrial rand rr~p Analysis
The commercial and mixed-use areas along State Street will form the entry into Village Two.
With diagonal parking along both sides of State Street, commercial spaces opening onto the 15-
foot Village Pathway on the northern side of the street and a transit stop, State Street will serve
not only the residents of Village Two but the residents of other nearby villages as well. The town
square theme, in the western portion of Village Two, will orient the mixed-use
(commercial/multi-family residential) development to the public town square providing another
pedestrian friendly feature.
The commercial and mixed-use parcels of the proposed SPA Plan are designed to implement the
Village Core Policies for Village Two of the Otay Ranch GDP as well as the design principles of
the Village Design Plan.
C. Industrial Land Uses
The SPA Plan includes nine industrial sites on 264.4 acres. The industrial areas will be designed
in accordance with the Business Park Design Plan. Three of the nine parcels are within Village
Two and within the Otay Landfill buffer. Portions of the remaining six industrial areas are also
within the Otay Landfill buffer and are located in Village Three. The Planned Community (PC)
District Regulations of the SPA Plan identify the permitted uses and the development standards
for the industrial lots and ensure the implementation of the Business Park Design Plan. The
following table is a summary of the industrial sites within the proposed project boundary.
12-7
Page 8, Item: /;)-
Meeting Date: O~/?1/Oo
Table 3
PROPOSED INDUSTRIAL AREAS
Nei~hborhood/Area Land Use AcreaQ'e
Villa~e Two/Two West
IND-I IndustriallBusiness Park 51.5
IND-2 IndustriallBusiness Park 6.7
IND-3 IndustriallBusiness Park 29.7
Subtotal Villape Two 87.9
VillaQ'e Three
IND-I IndustriallBusiness Park 54.5
IND-2 IndustriallBusiness Park 26.4
IND-3 IndustriallBusiness Park 50.1
IND-4 IndustriallBusiness Park 26.4
IND-5 IndustriallBusiness Park 11.3
IND-6 IndustriallBusiness Park 7.8
Subtotal VillaQ'e Three 176.5
TOTAL (PROJECT) 264.4
Tnd1J<:trial rand r 1<:p.<: Annly<:i<:
The industrial land uses in the SPA Plan are designed to buffer the residential areas of the project
from the Otay Landfill and other industrial uses. Residential uses are buffered from the industrial
uses with slopes, landscaping, roadways and in some areas a 30-foot wide utility easement. A
1997 agreement between the City of Chula Vista and the County of San Diego created a 1,000-
foot buffer around the Otay Landfill in which only non-residential land uses could be located.
The proposed project is in compliance with that agreement. The city has limited amount of land
for industrial development. With the deferral of the General Plan and Otay Ranch GDP approval
for the Regional Technology Park, the industrial land planned in Villages Two and Three
becomes more important to meet the City's goals for jobs/housing balance and economic
development.
The Planned Community (PC) District Regulations contain detailed requirements for permitted
uses in the industrial areas as well as development standards. The regulations also identify
development that may be approved by the Zoning Administrator and those that must be reviewed
by the Design Review Committee. Overall, the industrial portions of the site have been designed
to implement the goals and policies of the Otay Ranch GDP and the SPA Plan's Business Park
Design Plan.
D. Community Pllrpo~e FaciJjtie~
The Project is obligated to provide Community Purpose Facilities (CPF) pursuant to the Planned
12-8
Page 9, Item: /;;;-
Meeting Date: O,,/?i/Otl
Community (PC) Zone of the City Zoning Ordinance. The PC Zone requires 1.39 acres of CPF
land per 1,000 persons. Based on the approximate population of 8,458 persons in Village Two,
Three and a Portion of Four, the CPF land acreage requirement for the project is 11.8 acres.
"Floating" CPF sites are typically planned and subsequently fixed locations are established at the
time the review of the parcels surrounding them. The following table is a summary of the CPF
sites proposed within the Villages Two, Three and a Portion of Four project:
Table 4
PROPOSED COMMUNITY PURPOSE FACILITY (CPF) SITES
Site Size U se/Location
(ac.)
CPF-l 1.2 Private Recreation Facility with amenities that may include picnic
and play areas, a tot lot and sports courts. CPF-1 is located
adiacent to Nei2"nborhood R-7.
CPF-2 0.9 Private Recreation Facility with amenities that may include picnic
and play areas, a tot lot and sports courts. CPF-2 is located
adiacent to Neililiborhood R-21.
CPF-3 1.7 Private Recreation Facility with amenities that may include a
swim club, a tot lot and sports courts. CPF-3 is adjacent to
Neililiborhood R-15.
CPF-4 1.5 "Floating" facility in the Commercial Town Center (C-1) ofthe
Village Core may include community meeting space, social or
human services, senior, teen or child day care/recreation facilities
or a olace ofworshio.
CPF-5 0.8 "Floating" facility in the multi-family Neighborhood R-l2 may
include a tot lot snorts court and nassive recreation facilities.
CPF-6 10.2 "Floating" facility within the light industrial Village Three may
include an employment center, social or human services, senior,
teen or child dav care/recreation facility or nlace ofworshin.
TOTAL 11.8 Acres
rnmmuniry Purpn'U~ Par.i/iry (rpp) AnnIY'Ii'l
The proposed SPA Plan meets the CPF acreage requirements of the Planned Communities (PC)
zone by locating the majority of the CPF acreage (I0.2-acres) in the industrial Village Three.
Staff believes that an additional 3 to 5 acre CPF parcel should be located in the Village Core.
Since the populations associated with residential development generate the CPF requirements, it
is staff's opinion that the CPF site should be located near the residential portions of the project
rather than in the industrial areas of Village Three. The applicant has agreed to process a SPA
Plan and Tentative Map amendment pursuant to the Conditions of Approval for the SPA Plan to
provide a 3 to 5-acre CPF site in the village core.
12-9
Page 10, Item: J ;)--
Meeting Date: 0'1/21/06
E. School~
A pedestrian-oriented design theme is the main component for the Villages Two, Three and a
Portion of Four SPA Plan (consistent with the goals and policies of the Otay Ranch GDP). A 15-
foot wide Village Pathway, wider sidewalks and a series of Promenade Streets will provide
pedestrian access to the elementary school site.
The 10.3-acre elementary school site is located within the heart of the Village Core in order to
provide close access from all locations within the village. The elementary school is located
adjacent to a 7. I-acre public park to provide additional common uses between the school facility
and the park. The school and park site are in turn surrounded by a variety of residential
neighborhoods. The school is planned on its own block, surrounded by streets. This design
provides superior access to the school.
Otay Ranch High School was pioneered in Village Two because of the community need for the
high school. It is not part of the SPA Plan.
SrhnnZ" Analy";"
The proposed development of Village Two includes the provision of a 10.3-acre elementary
school. The proposed elementary school is centrally located providing equal walking distances
for students throughout the village. The provision of the school is consistent with the goals and
objectives of the Otay Ranch GDP and is consistent with the facility needs of the Chula Vista
Elementary School District.
F. Circulation
Vehicular traffic is considered secondary to pedestrian traffic within the proposed project. Design
alternatives such as the grid system of streets, which were adopted with the Otay Ranch GDP,
have been implemented in the design of the proposed project. Streets are designed to be narrower
to reduce vehicular speeds, and the widespread use of dead end cul-de-sacs is discouraged. In
addition, 'traffic-calming" devices such as "roundabouts" and "neck-downs" are alternatives to
the typical vehicular street system found in other planned communities. On-street parking within
the village core will also slow down automobiles and help to create a pedestrian-friendly
expenence.
Connectivity in Villages Two, Three and a Portion of Four as provided in the Circulation Plan
details the hierarchy of vehicular circulation within the proposed proj ect. The proposed proj ect
provides seven different points of access from Olympic Parkway to the north, Heritage Road
from the east and west, La Media Road from the east and Main Street/Rock Mountain Road to
the south. Six-lane Major or Prime Arterials (Olympic Parkway, Heritage Road, La Media Road
and Main Street/Rock Mountain Road) frame the proposed project. A grid system of streets
provides enhanced access and disperses traffic throughout the village. Secondary entries into the
12-10
Page 11, Item: /7'
Meeting Date: 0:1/21/06
village occur at Santa Victoria (at Olympic Parkway and Heritage Road) and Santa Venetia (at
Olympic Parkway and La Media Road). State Street serves as the primary Transit Village Entry
Street while a number of residential promenade streets are located in and around the Village
Core. Industrial Collector streets will ensure circulation throughout the business park located in
Village Three.
Two major types of traffic calming devices are proposed for the project. "Neck-downs" and
"roundabouts" promote low speeds for vehicles and present a superior design solution for typical
streets. Vehicle speeds within the proposed project will have a maximum speed of 25 miles per
hour. In order to limit speeds and promote pedestrian-oriented circulation, other street design
alternatives are planned. Two roundabouts, which are larger facilities than traffic circles, are
located in the eastern and western portions of the Village Core. Several neck-downs, which
decrease the number of travel lanes at intersections, or provide a mid-block crossing opportunity
for pedestrians, are also proposed to promote easy pedestrian circulation. These neckdowns are
intended to lower vehicle speeds and provide a shorter distance for pedestrians to cross the street.
Alley streets will also be provided in some of residential developments to promote pedestrian
orientation for small-lot residences.
rirr.111ntinn Annly'?is
The proposed Villages Two, Three and a Portion of Four SPA Plan provides for seven points of
vehicular access to the project site along Olympic Parkway, Heritage Road, La Media Road and
Main StreetJRock Mountain Road. Internal streets provide connectivity throughout the proposed
project via a strong grid system design and all prominent circulation streets connect to the
Village Core. The use of cu-de-sacs is minimized to those lots that overlook canyons (poggi and
Wolf Canyons) and to the larger lot neighborhoods in Village Two West. The proposed project
implements the goals and policies of the City's General Plan and the Otay Ranch GDP. Planning
staff believes the design of the roundabouts still needs some refinement to reduce pedestrian
crossing distance. Weare investigating other adopted standards by other agencies for a more
pedestrian friendly design.
G. Transit
The General Plan Update extended BRT service to Village Two. The proposed Transit Plan for
Village Two consists of several levels of transit service that are included in local and regional
plans. A BRT line, and stop, is designed for State Street. The BRT will enter State Street from La
Media Road, stop at the transit station on State Street, then circle back via the roundabout and
exit Village Two. Chula Vista Transit (CVT) will serve the Village Core with transit stops in the
middle of Village Two, along La Media Road near the Community Park (in Village Four) and in
the business park in Village Three. A Chula Vista Transit line is also proposed for Heritage Road
from Olympic Parkway south to Main StreetJRock Mountain Road. These bus lines will provide
feeder service for the BR T.
12-11
Page 12, Item: J2::...
Meeting Date: O"/?l/On
Tmn<:it Anng;~i~
Public transportation is an integral part of the Otay Ranch Community. A link to the regional
BRT is included on State Street and CVT serves the proposed SPA Plan with bus service and
stops in the Village Core. Multi-family densities in the village core have been increased to
support the transit station. The proposed Transit Plan is consistent with the goals, objectives and
policies of the City's General Plan as well as the Otay Ranch GDP.
H. Planned Community (PC) nistrit't Re~ulations
The Planned Community (PC) District Regulations will be adopted by ordinance by the City
Council as the zoning regulations for the project. These regulations set the development and land
use standards for all property in the proposed project. They establish setbacks, building height,
parking, landscape, minimum lot size and sign regulations. The pedestrian-oriented goals and
design guidelines for the proposed project are implemented through these regulations.
While earlier villages have been successful in implementing the pedestrian friendly goals and
objectives of the Otay Ranch GDP, staff believes that the proposed Village Two SPA Plan will
implement those goals better than those ofthe past. Staff has worked closely with the applicant to
include these elements and improvements during the design of this plan.
Similar to recent SPA Plans (Villages Six, Seven and 11), the Village Two PC District
Regulations include pedestrian-oriented requirements for all development within the proposed
project area. Specific examples for single-family residential development include: garages
required to be setback from the street; porches on 66% of all units with all others having strong
entry features or other pedestrian-oriented features such as French doors; and wrap around
verandas on 66% of all comer lots. Building heights in the single-family residential
neighborhoods have also remained the same with a maximum height of 35 feet. Three car
garages will be permitted only on lots that are a minimum of 60 feet wide and must be split
(separate 2 and 1 car garages). Three car garages will also only be limited in the single-family
neighborhoods. Maximum permitted floor-area-ratios in the single-family neighborhoods will
remain at 0.65. Design review for single-family homes within single-family zones (SF2, SF3 and
SF4) will be conducted administratively.
Multi-family residential development standards will be similar to those of Village Seven, with
the majority of the development standards being set during discretionary review by the Design
Review Committee, Planning Commission or the City Council. The maximum permitted floor-
area-ratio is a development standard that will be established on a case-by-case basis for multi-
family projects. Building heights will be a maximum of 45 feet to 60feet and comprised of three
and four-stories.
One change in these PC District Regulations that differs from others approved so far is the
administrative review of alley homes that exceed a density of 8 units to the acre. In the past the
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Design Review Committee reviewed and approved the design of these homes because of the
multi-family designation, but under the proposed PC District Regulations the review authority
would be the Zoning Administrator similar to other single family homes.
Plannp.d rnmmunity (P(',l Di<<trir.t Rp.gJllatinm Analy<<is
The proposed PC District Regulations implement the pedestrian friendly policies of the Otay
Ranch GDP by requiring pedestrian oriented features such as: porches; verandas; garages
setbacks; and windows that provide "eyes on the street" both in the front yard and along the alley
where applicable. The proposed PC District Regulations for the Village Two SPA Plan will
implement the goals, objectives and policies of the Otay Ranch GDP as well as the objectives
and policies of the City's General Plan.
I. Village Desien Plan
The Otay Ranch GDP requires that a Village Design Plan be prepared for each SPA Plan. The
Village Design Plan guides planning and development by defining intended character and design
elements of the villages. It provides guidance for developers and designers in creating the
villages and it will be used by staff to evaluate development proposals. The design elements
identified in the proposed SPA Plan reflect the policies from the GDP but are more project
specific. The GDP discusses the Village Concept for Otay Ranch and establishes the following
policies for the "Core" area at the heart of each village:
. Master plan each village/town center consistent with the GDP/SRP goals,
objectives, policies and standards.
. Include a variety of uses and housing types within each village/town center to meet
the needs of the residents.
. Establish a unique character and sense of place within each village/town center.
. Phase villages/town centers to ensure the provision of adequate facilities and
servIces.
. Accessory units are permitted on single-family lots within Villages One through 11,
consistent with the provisions of Chapter 3, Housing.
. Land uses, roads and buildings shall be designed and located to encourage walking
between uses and foster a pedestrian scale.
. Encourage a pedestrian-friendly village/town center environment through the use of
amenities such as: shaded trees; street furniture; on-street parking; building fronting
the street; narrow streets; reduced design speeds; visible landmarks; entries and
porches facing the street; commercial areas with zero from yard setbacks; plazas
and courtyards in commercial areas; and multi-modal circulations systems.
Santa Barbara, California is the inspiration for the urban theme and character of the proposed
project. A "California" architecture design theme, defined as architecture that responds to the
climate and is derived from Spanish and Mediterranean architecture, will be utilized throughout
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the villages. Residences in the proposed villages will be designed around the Spanish Eclectic,
Spanish Mission, Monterey, Craftsman and Prairie architectural styles. The design themes are
particularly applicable on State Street, the main entry into the proposed project. State Street will
be designed with arcades, outdoor seating and gathering spaces. Design elements may include
awnings, trellises and a variety of street trees to define and highlight the spaces. A pedestrian
friendly, and traffic dispersing, grid system of streets and the abundance of parks and open space
will make the Village Two, Three and a Portion of Four SPA Plan area unique among the
villages of Otay Ranch.
The Village Design Plan for the proposed proj ect identifies important concepts and design
solutions for: village identity; village perimeters; entryways/identity; streetscape design; non-
vehicular circulation; village parks; walls and fencing; and lighting. The Village Two, Three and
a Portion of Four Village Design Plan offers more information on design specifics.
Villrw Dp.sign Plan Annly~i~
The proposed master plan has been designed to comply with the goals, objectives and policies of
the City's General Plan. A variety of housing types, including single-family residences, alley
homes, row homes with front doors on Santa Victoria and Santa Diana Roads and attached and
detached multi-family homes, will be available to the residents of the proposed project. All
single-family zones within the villages permit accessory units. The proposed project is designed
to promote walking through the use of heavily landscaped promenade streets, the Village
Pathway, a grid system of streets and a mix of uses that will meet the needs of the residents of the
villages. On-street parking, commercial buildings with zero-yard setbacks and plazas and
courtyards will greet residents upon their arrival on State Street. A pedestrian friendly scale, the
Village Pathway running through the mixed-use area, frequent neck-downs and crosswalks
promote walking within the Village Core.
J. Business Park Design Plan
The portion of Village Two, Village Two West within the landfill buffer and all of Village Three
are planned for light industrial uses in a business park setting under the proposed SPA Plan. A
Business Park Design Plan was prepared to define the intended character and design of these
areas. The Business Park Design Guidelines set forth policy that intends to: establish a distinct
architectural style; ensure compatibility with surrounding development; combine landscaping and
architecture to create attractive, inviting and imaginative site arrangements; encourage pedestrian
activity; minimize impacts of noise, light, traffic and visual character; and preserve and
incorporate access to views into the development proposals. Designers are encouraged to pull the
building up to the street and locate parking areas to the rear of proposed lots. Parkways with
street trees and on street parking along all streets within the business park will enhance the
wa1kability of the area. These policies are then implemented by the Planned Community (PC)
District Regulations as they apply to the industrial parcels.
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The Business Park Design Plan details the use of landform grading to minimize large and steep
manufactured slopes and the creation of a pedestrian friendly road system with eight-foot
parkways between the sidewalk and the streets to encourage walking. Entries into the proposed
project are defined and buffer zones between industrial and residential land uses is discussed.
The Village Two Business Park Design Plan offers more information on design specifics.
Ru<:inp<:<: Park Dp<:ign Plan Analysis
The Village Two, Three and a Portion of Four Business Park Design Plan complies with the
objectives and policies of the General Plan as well as the Industrial policies of the Otay Ranch
GDP.
K. Pnh1i~ Fa~jJjties Fjnan~e Plan
The Village Two, Three and a Portion of Four SPA Plan includes a Public Facilities Finance Plan
(PFFP) for infrastructure improvements and demands for public service. The PFFP also analyzes
the proposed development with the City Growth Management Program and Ordinance. The
Village Two, Three and a Portion of Four PFFP describes in detail the public facilities that are
required for the development of 2,789 dwelling units for the project, and analyzes the phasing
and thresholds for development. The intent of the PFFP is to ensure that development phasing of
the village is consistent with the requirements of the City's General Plan for required public
facilities and infrastructure, as well as compliance with the City's Growth Management
Ordinance.
Public facilities infrastructure such as water supply, sewer service, storm and drainage systems
and roads and streets are analyzed in the development of the project. The PFFP also identifies
timing for the construction of needed facilities. For example, Heritage Road will be required
from Olympic Parkway to Santa Victoria Road when the building permit for the 1,008
Equivalent Dwelling-Unit (EDD) is issued. The issuance of the 1,276 EDU will require the
connection of Heritage Road to Main StreetJRock Mountain Road.
Other public facilities and services that are required for the village include: schools; childcare
facilities; police; fire and emergency services; and library and other social services are also
included in this analysis. The PFFP also evaluates the demands on public facility services based
on the estimated population and phasing of the development. Villages Two, Three and a Portion
of Four will be developed in 11 phases, which generally proceeds from the east to west as a result
of grading operation plans and existing access to the project site. Access to the site results in the
development phasing generally occurring from north to south.
Puhlir Farilitips Finanrp Plan Analysis
The proposed project has been evaluated for implementation of public facilities, public services
and infrastructure through the Villages Two, Three and a Portion of Four Public Facilities
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Finance Plan. The project has also been analyzed to ensure compliance with the City's Growth
Management Plan and the Growth Management Chapter (Chapter 9) of the Otay Ranch GDP.
Thresholds have been established to require the applicant to provide infrastructure improvements
as the proposed project is built out. Standards adopted by City Policy require that the proposed
project be analyzed to determine whether the approval ofthe project, as conditioned, will have an
adverse impact on the City's adopted threshold standards.
The Village Two PFFP also includes a project based fiscal analysis that indicates that the
proposed project will have a negative fiscal impact, due to its primarily residential nature, in its
early years. Lower density single and multi-family residential development tends to generate
more costs than revenues, however, these impacts were anticipated as part of the Fiscal hnpact of
New Development (FIND) Model that was prepared for the Otay Ranch GDP in 1993. These
short-term impacts were anticipated until commercial projects in the Freeway Commercial and
Eastern Urban Center are completed. In addition, the conditions of approval require the proposed
project to participate in the Otay Ranch Reserve Fund, which has been established to fund the
update of the FIND Model and to reduce any deficit generated by the development of the Otay
Ranch.
A review of the EIR (EIR-02-02), the Villages Two, Three and a Portion of Four PFFP and other
supporting SPA documents provide evidence that the proposed proj ect is consistent with the
adopted threshold standards of the City including the Growth Management Ordinance and the
Growth Management Chapter of the Otay Ranch GDP. An analysis of thresholds is contained in
the environmental document EIR -02-02 and the PFFP for the proposed proj ect.
L. Affordahle HOllsine Pro~ram
As prescribed in the General Plan's Housing Element and the Otay Ranch-wide Affordable
Housing Program, the proposed proj ect is required to provide affordable housing opportunities
through the obligation oflow and moderate-income housing within the project. The Village Two,
Three and a Portion of Four SPA Plan includes a Affordable Housing Program which requires a
subsequent agreement between the applicant and the City. The City of Chula Vista Housing
Element and the Otay Ranch GDP require that 10 percent of the total units be affordable to low
and moderate-income households. Of the 10 percent, 5 percent must be affordable to low-
income households and 5 percent must be affordable to moderate income households. The
proposed project requires that 278 units be dedicated to affordable housing. One hundred thirty-
nine units must be low-income and 139 units must be moderate-income affordable units.
Affnrdnhle Hnu<;ing Pmgrnm Annly<;i<:
The applicant is required to satisfY the affordable housing requirements of the City's General
Plan as well as those of the Otay Ranch GDP. The proposed 2,786 single and multi-family
residential units will generate the requirement for 139 low-income and 139 moderate-income
housing units. This plan indicates that affordable housing sites are located within or adjacent to
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Meeting Date: O",/?ilOn
the Village Core, in close proximity to public transportation, parks, schools, retail commercial
and community purpose facilities. "For sale" affordable housing for moderate-income
households may be provided within multi-family development sites, while the low-income units
may be provided in rental developments. This plan complies with the requirements of the
affordable housing requirements of the City's General Plan and the Otay Ranch GDP. The
applicant will be required to enter into a separate subsequent agreement with the City to ensure
implementation of the affordable low and moderate-income housing units.
M. Air Quality Improvement Plan
The Chula Vista Growth Management Ordinance requires that all major development projects
(50 dwelling units or greater) prepare an Air Quality Improvement Plan (AQIP). As part of the
City's Carbon Dioxide (C02) Reduction Plan, it was recognized that the City's effort to reduce
carbon dioxide emissions from new development was directly related to energy conservation and
air quality. As a result, the applicant may choose to participate in the Chula Vista GreenStar
Building Efficiency Program or evaluate the proposed project using the Chula Vista C02 INDEX
model. The applicant for the proposed project has chosen to participate in the City's GreenStar
program. As part of this program the applicant has agreed to exceed Title 24 (Energy Efficiency
Standards) on 50% of the units by 15% or more for at least 493 single-family and 900 multi-
family units.
Air Quality Tmprnw~mpnt Plan Analy<:i<:
The applicant's proposal to construct 493 single-family and 900 multi-family dwelling units to
exceed the Title 24 requirements by 15% is in compliance with the City's Growth Management
Ordinance and the goals and objective of the Otay Ranch GDP.
N. Water Conservation Plan
The City of Chula Vista's Growth Management Ordinance requires that all development of 50
units or more prepare a Water Conservation Plan (WCP) as part of the SPA Plan. This plan
presents a review of presently available technologies and practices that result in water
conservation in residential development. The Village Two, Three and a Portion of Four Water
Conservation Plan requires that residential development provide hot water pipe insulation,
pressure reducing valves and water efficient dishwashers. Together these three measures save
approximately 3,230 gallons of water per unit annually. Non-residential development is required
to provide hot water insulation and pressure reducing valves reducing water consumption in
those units by approximately 2,580 gallons per unit annually. In addition to the above measures,
the City of Chula Vista water conservation requirements require developers to select at least one
additional indoor and one additional outdoor water conservation measure for residential and non-
residential units. The applicant has chosen to install dual flush toilets and evapotranspiration
controllers on all residential units and water efficient irrigation systems and evapotranspiration
controllers to reduce irrigation usage on non-residential units.
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Meeting Date: O:'i/?1/06
Watpr rnmprvatirm Plan Analysis
The proposed water conservation measures outlined above, and identified in the Villages Two,
Three and a Portion of Four Water Conservation Plan comply with the City of Chula Vista's
Growth Management Ordinance and the goals, objectives and policies of the City's General Plan
and Otay Ranch GDP. .
O. Non-Renewahle F.ner~y Comervation Plan
The Otay Ranch GDP requires the preparation of a Non-Renewable Energy Conservation Plan to
identify feasible methods to reduce the consumption of non-renewable energy sources, including
but not limited to, transportation, building design and. use, lighting, recycling, alternative energy
sources and land use. Transit-oriented development and pedestrian friendly design of the Village
Core are methods to reduce energy consumption.
Village Two is also participating in the Gas Technology Institute's (GTI) study to evaluate and
identify building materials and methods to reduce the consumption of non-renewable energy.
Nnn-Rpnpwahlp Pnprgy rnmprvatinn Plan Analysis
The preparation and implementation of a Non-Renewable Energy Conservation Plan for the
Villages Two, Three and a Portion of Four SPA Plan is consistent with the goals, objectives and
policies of the Otay Ranch GDP.
P. Parks, Recreation, Open Space and Trails Master Plan
The SPA Plan Parks, Recreation, Open Space and Trails Master Plan identifies and describes
park, recreation, open space and trail facilities and their implementation in the proposed project.
This pedestrian orientation is connected through a network of parks, recreation, open space and
trails. A 44.2-net acre portion of a 70-acre community park site will be the major park element in
Village Four. In addition, a lA-acre Town Square, 7.I-acre neighborhood park adjacent to the
elementary school site, and a 6.9-acre park near State Street will be located within the Village
Core. Three additional pedestrian parks to be privately owned and maintained by the Master
Homeowners Association (HOA) are also planned for Village Two residents on Community
Purpose Facility (CPF) sites. A 1.7-acre facility (CPF-3) will be located in the southeastern
portion of Village Two, a 1.2-acre facility (CPF-I) will be located in the northern portion of
Village Two and a O.9-acre private recreation facility will be provided in the southwestern
portion of Village Two.
The 15-foot Village Pathway will connect the Village Core area and residential neighborhoods
with the "Regional Trails" on Olympic Parkway, Heritage Road and La Media Road and to
Village One to the north and Village Six to the west. The Village Pathway allows for pedestrian,
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Meeting Date: O.,/21IOh
bicycle and electric cart travel and will eventually connect to most of the village cores in Otay
Ranch.
The Village Two, Three and a Portion of Four project contains a wide variety of open space areas
to promote the overall open space element of Otay Ranch. The Village Greenway, which
provides a 75-foot average open space corridor, will connect Village Seven with the Community
Park site on Village Four. In addition, Olympic Parkway, Heritage Road and La Media Road also
provided 75-foot average open space buffer along these arterial roadways.
Consistent with the requirements of the Otay Ranch Resource Management Plan, the proposed
project must convey land to the Otay Ranch Preserve. The development of 1 acre of land in Otay
Ranch requires the dedication of .1.188 acres of land to the Otay Ranch Preserve with the
approval of each Final Subdivision Map. Pursuant to the requirements, the Village Two, Three
and a Portion of Four project obligation is 1,052.7 acres of land to be dedicated to the Otay
Ranch Preserve (see Attachment 5 - SPA Plan Binder, Exhibit 40 - Parks, Recreation, Open
Space and Trails Plan).
Parh, Rpr.rpatirm ()~npn Spar.p and Tr(]il~ Ma",tpr Plan Analy",i~
The Villages Two, Three and a Portion of Four project is required to provide approximately 24.5
acres of parks based on the City's Parkland and Public Facilities Ordinance. The proposed
project includes a 1.4 acre Town Square (P-l), a 7.1-acre Neighborhood Park adjacent to the
elementary school, a 6.9 acre Neighborhood Park near State Street and a 44.2 acre portion of the
Village Four Community Park for a total park credit of 59.6 acres. Based on the requirements for
the proposed project only, the applicant would have a credit of 35.1-acres, however then
applicant has a residual obligation from Villages One, Six and Seven of 32.53 acres. The
implementation of the proposed project will give the applicant a park credit of2.57 acres.
The requirement of land conveyance in the proposed project to the Otay Ranch preserve is
consistent with the requirement of the Otay Ranch Resource Management Plan. The system,
which includes parks, recreation, open space and trails that are provided in the Village Two,
Three and a Portion of Four project, complies with the policies, goals and objectives of the Otay
Ranch GDP and Resource Management Plan.
Q. Fire Protection Plan
The City now requires the preparation and approval of a Fire Protection Plan (FPP) with every
new Sectional Planning Area (SPA) Plan. In addition the California Fire Code requires a FPP
with all new development in the Urban Wildland Interface. The focus and scope of the Villages
Two, Three and a Portion of Four FPP is limited to the perimeter areas of the development
exposed to Wolf Canyon (the Urban Wildland Interface) and the remaining perimeter slopes
surrounding the development. Area "A" includes the Wolf Canyon perimeter and Area "B"
includes the other perimeter slopes along the arterial roadways. The areas are modeled and
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Page 20, Item: J d-
Meeting Date: O:1/?i/Otl
assigned specific "Defensible Space and Brush Management Zones" in the FPP. Area "A" is
assigned three 50-foot zones that permit specific plant types and planting requirements. The 50-
foot zones for Zone "A" are typically measured from the Preserve edge in Wolf Canyon and in
some cases include private property on the edge of the canyon, portions of public streets, and/or
portions of the Community Park in Village Four. Zone "B" is assigned three 30-foot zones that
are measured from property lines abutting the perimeter slopes and have similar plant species and
planting requirements.
The SPA Plan FPP models and provides a fire risk assessment for portions of the proj ect that are
either adj acent to Wolf Canyon or perimeter slopes along the arterial roadways that surround the
project. The intent of the FPP is to limit fuel loads along these areas in case of fire and propose
additional requirements for the protection of the public. The proposed requirements include
permitted plant species and planting requirements. For instance, along Wolf Canyon (also the
MSCP Preserve) trees are not permitted along the top ISO-feet of slopes in Zones 1,2 and 3 and
many drought-tolerant plant species are not permitted next to the Preserve due to their
flammability.
F'irp. Prntp.rtinn Plan AnalY'd"
Because of fire protection, landscape design, slope stability, erosion control, their location
adjacent to the Preserve and plant palette and placement requirements these slopes will look
substantially different than others within the City. Due to potential conflict between these
requirements, a condition of approval has been added to the proposed SPA Plan to allow
flexibility in these requirements with the approval of the Fire Chief and the Directors of the
City's departments of Planning and Building, Engineering, General Services and Public Works.
CONCLUSION:
Within Villages Two, Three and a Portion of Four, the proposed land uses and development
intensities directly implement the provisions of the City's General Plan and the Otay Ranch
General Development Plan as amended. The proposed project provides all of the public facilities
required by the Otay Ranch GDP. The development of a transit village with a strong "grid
pattern" of streets and zoning regulations that further implement pedestrian-oriented policies is in
conformance with the goals, objectives and policies of the General Plan and the Otay Ranch
GDP.
FISCAL IMPACT:
The proposed SPA Plan will result in a negative net fiscal impact on the City of Chula Vista until
2014 as outlined in the proposed project's Public Facilities Finance Plan (PFFP). Residential
development tends to generate more costs than revenues to the City. However, these impacts
were anticipated in the Fiscal Impact of New Development (FIND) Model that was prepared for
the Otay Ranch GDP in 1993. These short-term impacts were predicted until commercial
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Meeting Date: 0:')/71106
projects in the Freeway Commercial and Eastern Urban Center are completed at which time an
Otay Ranch-wide swplus is projected. In addition, the conditions of approval require the
proposed project to participate in the Otay Ranch Reserve Fund, which has been established to
fund the update of the FIND Model and to reduce any operating deficit generated by the
development of the Otay Ranch.
ATTACHMENTS:
1. Locator Map
2. Planning Commission Resolution (pCM 01-01)
~:9m:fio<Aty..C(;)lmeil,ResE}ltltion
4. --Draft City Council Ordinance
5. Village Two, Three and a Portion of Four SPA Plan
6. Disclosure Statement
H:\PLANNING\scorrD\V2 CC SPA REpORT.DOC
12-21
PROJECT
lOCATION
\
C HULA VISTA PLANNING AND BUILDING DEPARTMENT
LOCATOR PROJECT PROJECT DESCRIPTION:
C) APPLlCAN-r. The Otay Ranch Company ENVIRONMENTAL IMPACT REPORT
PROJECT South of Olympic Pkwy and
ADDRESS: East of Otay Landfill. Village 2, 3 and 4 (Portion)
SCALE: FILE NUMBER: ATTACHMENT 1
NORTH No Scale EIR-02-0~ ? .?
J:\p lann inq\carlos\Jocators\eir0202.cdr 02.28.06
ATTACHMENT 2
RESOLUTION NO. PCM-01-01
RESOLUTION OF THE PLANNING COMMISSION OF THE CITY
OF CHULA VISTA RECOMMENDING THAT THE CITY COUNCIL
APPROVE A SECTIONAL PLANNING AREA (SPA) PLAN
INCLUDING PLANNED COMMUNITY DISCTRICT REGULATIONS,
VILLAGE DESIGN PLAN, BUSINESS P ARK DESIGN PLAN, PUBLIC
FACILITIES FINANCE PLAN AND AFFORDABLE HOUSING
PROGRAM AND OTHER REGULATORY DOCUMENTS ON 1,187.3
ACRES OF LAND IN VILLAGES TWO, THREE AND A PORTION OF
FOUR OF THE OTAY RANCH
WHEREAS, the property which is the subject matter of this resolution is identified as
Exhibit "A" attached to City Council Resolution --'-- and is commonly known as Otay Ranch,
Village Two, Three and a Portion of Four ("Property"); and,
WHEREAS, an application to consider a new Sectional Planning Area (SPA) Plan for
Village Two, Three and a Portion of Four was filed with the City of Chula Vista Planning and
Building Department on January 25,2005 by Otay Project L.P. and Flat Rock Land Company, LLC
("Applicant"); and,
WHEREAS, the application requests consideration of a Sectional Planning Area (SPA)
including Planned Community District Regulations, Village Design Plan, Business Park Design Plan,
Public Facilities Finance Plan and Affordable Housing Program on 1,187.3 acres ofland in Villages
Two, Three and a Portion of Four; and,
WHEREAS, the Project is also the subject matter of an amendment to the Otay Ranch
General Development Plan (GDP) to be considered by the Planning Commission and City Council,
wherein the Planning Commission and City Council, in the environmental evaluation of said
amended GDP, relied in part on the original Otay Ranch General Development Plan Program
Environmental Impact Report 90-01, and the OtayRanch Village Two, Three and a Portion of Four
SPA Plan Second-Tier Environmental Impact Report ("EIR 02-02") (SCH#2001031120), the
candidate CEQA Findings and Mitigation Monitoring and Reporting Program; and,
WHEREAS, The City's Environmental Review Coordinator has reviewed the Project and
determined that the Project would result in a significant impact to the environment, therefore, a
Second-Tier Environmental Impact Report (EIR 02-02) has been prepared; and,
WHEREAS, the Planning Commission set the time and place for a hearing on said Otay
Ranch, Village Two, Three and a Portion ofF our Sectional Planning Area (SPA) Plan (pCM -01-01)
and notice of said hearing, together with its purpose, was given by its publication in a newspaper of
general circulation in the city and its mailing to property owners within 500 feet of the exterior
boundaries of the Project site at least ten days prior to the hearing; and,
WHEREAS, the hearing was held at the time and place as advertised, namely 6:00 p.m. May
12-23
10,2006, in the City Council Chambers located in the Administration Building, 276 Fourth Avenue,
before the Planning Commission and said hearing was thereafter closed.
NOW, THEREFORE, BE IT RESOLVED THAT, from the facts presented to the
Planning Commission, the Commission has determined that the approval of a Sectional Planning
Area (SPA) Plan for Otay Ranch Village Two, Three and a Portion of Four (PCM-OI-0l) is
consistent with the City of Chula Vista General Plan, the Otay Ranch General Development Plan,
and all other applicable Plans, and that the public necessity, convenience, general welfare and good
planning practice support the approval.
BE IT FURTHERRESOL VED THAT THE PLANNING COMMISSION recommends
that the City Council adopt a resolution approving Otay Ranch Village Two, Three and a Portion of
Four Sectional Planning Area (SPA) Plan (PCM -01-01) including the Village Design Plan, Business
Park Design Plan, Public Facilities Finance Plan and Affordable Housing Program and otherregulatory
documents and an ordinance adopting the Planned Community District Regulations on 1,187.3 acres of
land in Villages Two, Three and a Portion of Four in accordance with the findings contained in the
attached City Council Resolution,
And that a copy ofthis resolution be transmitted to the owners of the property and the City
Council.
12-24
PASSED AND APPROVED BY THE PLANNING COMMISSION OF CHULA VISTA,
CALIFORNIA, this 10th day of May, 2006 by the following vote, to-wit:
AYES:
NOES:
ABSENT:
ABSTENTIONS:
Vicki Madrid, Chair
ATTEST:
Diana Vargas, Secretary
1-1:\PI.ANNTNG\Otay_Ranch\VilIage_ll\Vll_BSO_SPA_ PC_ RESO.doc
12-25
~~~
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Department
Development Processing
CIlY OF
CHUlA VISTA
APPLICATION APPENDIX B
Disclosure Statement
Pursuant to Council Policy 101-01, prior to any action upon matters that will require discretionary action by the Council,
Planning Commission and all other official bodies of the City, a statement of disclosure of certain ownership or financial
interests, payments, or campaign contributions for a City of Chula Vista election must be filed. The following information
must be disclosed:
1. List the names of all persons having a financial interest in the property that is the subject of the application or the
contract. e.g., owner, applicant, contractor, subcontractor, material supplier.
Jim Baldwin
Al Baldwin
otay project, L.P.
2. If any person* identified pursuant to (1) above is a corporation or partnership, list the names of all individuals with
a $2000 investment in the business (corporation/partnership) entity.
Jim Baldwin
Al Baldwin
3. If any person* identified pursuant to (1) above is a non-profit organization or trust, list the names of any person
serving as director of the non-profit organization or as trustee or beneficiary or trustor of the trust.
N/A
4. Please identify every person, including any agents, employees, consultants, or independent contractors you have
assigned to represent you before the City in this matter.
Kim John Kilkennv
Ranie Hunter
K~n~ nn~n T~v W;";m~n
Rob Cameron
Has any person* associated with this contract had any financial dealings ~th an official** of the City of Chula
Vista as it relates to this contract within the past 12 months. Yes_ NoL-
5.
If Yes, briefly describe the nature of the financial interest the official** may have in this contract.
6. Have you made a contribution of more than $250 within the past twelve (12) months to a current member of the
Chula Vista City Council? No.x... Yes _If yes, which Council member?
ATTACHMENT 6
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12-26
Chula Vista I California
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Planning Division I Development Processing
CrtY OF
CHULA VISTA
APPLICATION APPENDIX B
Disclosure Statement - Page 2
7. Have you provided more than $340 (or an item of equivalent value) to an official** of the City of Chula Vista in the
past welve (12) months? (This includes being a source of income, money to retire a legal debt, gift, loan, etc.)
Yes_ No-L
If Yes, which official** and what was the nature of item provided?
~S' /f~~
Ignature 0 Contractor App Icant
Dare:~angary 25, 2005
Print or
type name of Contractor/Applicant
*
Person is defined as: any individual, firm, co-partnership, joint venture, association, social club, fraternal
organization, corporation, estate, trust, receiver, syndicate, any other county, city, municipality, district, or other
political subdivision, -or any other group or combination acting as a unit
Official includes, but is not limited to: Mayor, Council member, Planning Commissioner, Member of a board,
commission. or committee of the City, employee, or staff members.
*'"
12-27
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CTTY OF
CHUlA VISTA
P I ann
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Planning Division
Department
Development Processing
APPLICATION APPENDIX B
Disclosure Statement
Pursuant to Council Policy 101-01, prior to any action upon matters that will require discretionary action by the Council,
Planning Commission and all other official bodies of the City, a statement of disclosure of certain ownership or financial
interests, payments, or campaign contributions for a City of Chula Vista election must be filed. The following information
must be disclosed:
1. List the names of all persons having a financial interest in the property that is the subject of the application or the
contract, e.g., owner, applicant, contractor, subcontractor, material supplier.
Flat Rock Land Company, LLC
2. If any person* identified pursuant to (1) above is a corporation or partnership, list the names of all individuals with
a $2000 investment in the business (corporation/partnership) entity.
Otay Land Company, LLC
HomeFed Corporation
3. If any person* identified pursuant to (1) above is a non-profit organization or trust, list the names of any person
serving as director of the non-profit organization or as trustee or beneficiary or trustor of the trust.
4. Please identify every person, including any agents, employees, consultants, or independent contractors you have
assigned to represent you before the City in this matter.
Jon Rilling Curt Noland
Kpvin Hmv!';on
JI'3ff 0' Crmnr'lr
5. Has any person* associated with this contract had any financial dealings with an official** of the City of Chula
Vista as it relates to this contract within the past 12 months. Yes_ No--X2L-
If Yes, briefly describe the nature of the financial interest the official** may have in this contract.
6. Have you made a contribution of more than $250 within the past twelve (12) months to a current member of the
Chula Vista City Council? NoXX Yes _If yes, which Council member?
271) Fourth Avenue
12-28
Chula Vic;t<l I ,,,Iifnrni;>
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ellY OF
CHULA VISTA
p I ann
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& Building
Planning Division
Department
Development Processing
APPLICATION APPENDIX B
Disclosure Statement - Page 2
7. Have you provided more than $340 (or an item of equivalent value) to an official** of the City of Chula Vista in the
past twelve (12) months? (This includes being a source of income, money to retire a legal debt, gift, loan, etc.)
Yes No XX
If Yes, which official** and what was the nature of item provided?
Date: November 12, 2004
Jon Rilling
type name of Contractor/Applicant
Print or
*
Person is defined as: any individual, firm, co-partnership, joint venture, association, social club, fraternal
organization, corporation, estate, trust, receiver, syndicate, any other county, city, municipality, district, or other
political subdivision, -or any other group or combination acting as a unit.
**
Official includes, but is not limited to: Mayor, Council member, Planning Commissioner, Member of a board,
commission, or committee of the City, employee, or staff members.
2 7 6 F 0 u rt hAven u e
12-29
Chula Vista I C"lifnrni"
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Ir;lq) r;Ql_C;lnl
RESOLUTION NO.
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING A SECTIONAL PLANNING
AREA (SPA) PLAN INCLUDING PLANNED COMMUNITY
DISCTRlCT REGULATIONS, VILLAGE DESIGN PLAN,
BUSINESS PARK DESIGN PLAN, PUBLIC FACILITIES
FINANCE PLAN, AFFORDABLE HOUSING PROGRAM
AND OTHER REGULATORY DOCUMENTS ON 1,187.3
ACRES OF LAND IN VILLAGES TWO, THREE AND A
PORTION OF FOUR OF THE OTAY RANCH
WHEREAS, the property which is the subject matter of this resolution is
identified as Exhibit "A" attached hereto and is commonly known as Otay Ranch, Village
Two, Three and a Portion of Four ("Property"); and,
WHEREAS, an application to consider a new Sectional Planning Area (SPA)
Plan for Village Two, Three and a Portion of Four was filed with the City of Chula Vista
Planning and Building Department on January 25, 2005 by Otay Project L.P. and Flat
Rock Land Company, LLC ("Applicant"); and,
WHEREAS, the application requests consideration of a Sectional Planning Area
(SPA) including Planned Community District Regulations, Village Design Plan, Business
Park Design Plan, Public Facilities Finance Plan, Affordable Housing Program and other
regulatory documents on 1,187.3 acres of land in Villages Two, Three and a Portion of
Four; and,
WHEREAS, the Project is also the subject matter of an amendment to the Otay
Ranch General Development Plan (GDP) to be considered by the Planning Commission
and City Council, wherein the Planning Commission and City Council, in the
environmental evaluation of said amended GDP, relied in part on the original Otay Ranch
General Development Plan Program Environmental Impact Report 90-01, and the Otay
Ranch General Development Plan (GDP) Amendments/ Village Two, Three and a
Portion of Four SPA Plan Second-Tier Environmental Impact Report ("EIR 02-02")
(SCH#2001031120), the candidate CEQA Findings and Mitigation Monitoring and
Reporting Program; and,
WHEREAS, The City's Environmental Review Coordinator has reviewed the Project
and determined that the Proj ect would result in a significant impact to the environment,
therefore, a Second-Tier Environmental Impact Report (EIR 02-02) has been prepared;
and,
WHEREAS, the Planning Commission set the time and place for a hearing on
said Otay Ranch, Village Two, Three and a Portion of Four Sectional Planning Area
(SPA) Plan (PCM-OI-0l) and notice of said hearing, together with its purpose, was given
by its publication in a newspaper of general circulation in the city and its mailing to
property owners within 500 feet of the exterior boundaries of the Project site at least ten
days prior to the hearing; and,
12-30
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WHEREAS, the hearing was held at the time and place as advertised, namely
6:00 p.m. May 10, 2006, in the Council Chambers located in the Administration
Building, 276 Fourth Avenue, and the Planning Commission voted 5-0 to approve
Planning Commission Resolution PCM-OI-OI recommending to the City Council
approval of the Village Two, Three and a Portion of Four Sectional Planning Area Plan;
and,
WHEREAS, a duly noticed public hearing was scheduled before the City Council
of the City ofChula Vista on the Village Two, Three and a Portion of Four SPA Plan, and
adopting the ordinance to approve the SPA's Planned Community District Regulations
for Village Two, Three and a Portion of Four.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of
Chula Vista does hereby find, determine, resolve and order as follows:
I. PLANNING COMMISSION RECORD
The proceedings and all evidence introduced before the Planning Commission at
their public hearing held on May 10, 2006, and the minutes and resolutions
resulting therefrom, are hereby incorporated into the record of this proceeding.
These documents, along with any documents submitted to the decision makers,
shall comprise the entire record of the proceedings for any California
Environmental Quality Act (CEQA) claims.
II. COMPLIANCE WITH CEQA
The City Council hereby finds that the Proj ect, as described and analyzed in the
Second-Tier Final EIR 02-02, would have no new effects that were not examined
in said Final EIR (Guideline 15168 (c)(2)).
III. ACTION
The City Council hereby approves the Otay Ranch, Village Two, Three and a
Portion of Four SPA Plan including: Planned Community District Regulations;
Village Design Plan; Business Park Design Plan; Public Facilities Finance Plan;
Affordable Housing Program; Air Quality Improvement Plan; Water Conservation
Plan; Non-Renewable Energy Conservation Plan; Park, Recreation, Open Space and
Trails Plan; Community Purpose Facility Master Plan; Agricultural Plan; Preserve
Edge Plan; and Fire Protection Plan, on 1,187.3 acres of land in Villages Two,
Three and a Portion of Four based upon findings contained herein and is consistent
with the City of Chula Vista General Plan, the Otay Ranch General Development
Plan, and all other applicable Plans, and that the public necessity, convenience,
general welfare and good planning and zoning practice support their approval and
implementation.
IV. SPA PLAN FINDINGS
A. THE OTAY RANCH VILLAGE TWO, THREE AND A PORTION OF
FOUR SECTIONAL PLANNING AREA (SP A) PLAN IS IN
CONFORMITY WITH THE OTAY RANCH GENERAL
12-31
DEVELOPMENT PLAN AND CITY OF CHULA VISTA GENERAL
PLAN.
The Otay Ranch Village Two, Three and a Portion of Four Sectional
Planning Area (SPA) Plan reflects the land uses, circulation system, open
space and recreational uses, and public facility uses consistent with the
Otay Ranch General Development Plan and Chula Vista General Plan.
B. THE PROPOSED OTAY RANCH VILLAGE TWO, THREE AND A
PORTION OF FOUR SPA PLAN WILL PROMOTE THE ORDERLY
SEQUENTIALIZED DEVELOPMENT OF THE INVOLVED
SECTIONAL PLANNING AREA.
The Village Two, Three and a Portion of Four SPA Plan and Public
Facilities Finance Plan contains provisions and requirements to ensure the
orderly, phased development of the project.
C. THE PROPOSED OTA Y RANCH VILLAGE TWO, THREE AND A
PORTION OF FOUR SECTIONAL PLANNING AREA (SPA) PLAN
WILL NOT ADVERSELY AFFECT ADJACENT LAND USE,
RESIDENTIAL ENJOYMENT, CIRCULATION OR
ENVIRONMENTAL QUALITY.
The land uses within Otay Ranch Village Two, Three and a Portion of
Four SPA Plan are designed with an open space buffer adjacent to other
existing projects, and future developments off-site and within the Otay
Ranch Village Two, Three and a Portion of Four Sectional Planning Area.
The project will provide a variety of housing types compatible with
existing adjacent land uses, as required by the Otay Ranch General
Development Plan. A comprehensive street network serves the project
and provides for access to off-site adjacent properties. The proposed SPA
Plan follows all existing environmental protection guidelines and will
avoid unacceptable off-site impacts through the provision of mitigation
measures specified in the Otay Ranch Village Two, Three and a Portion of
Four SPA Final Second-Tier Environmental Impact Report (EIR 02-02).
D. IN THE CASE OF PROPOSED INDUSTRIAL AND RESEARCH USES,
THAT SUCH DEVELOPMENT WILL BE APPROPRIATE IN AREA,
LOCATION, AND OVERALL DESIGN AND DEVELOPMENT
STANDARDS ARE SUCH AS TO CREATE A RESEARCH OR
INDUSTRIAL ENVIRONMENT OF SUSTAINED DESIRABILITY
AND STABILITY; AND, THAT SUCH DEVELOPMENT WILL MEET
PERFORMANCE STANDARDS ESTABLISHED BY THIS TITLE.
The Village Two, Three and a Portion of Four SPA Plan includes
Industrial development that is within the Otay Landfill buffer. The SPA
Plan also includes a Business Park Design Plan that addresses design of
the business park.
12-32
E. IN THE CASE OF INSTITUTIONAL, RECREATIONAL, AND OTHER
SIMILAR NONRESIDENTIAL USES, THAT SUCH DEVELOPMENT
WILL BE APPROPRIATE IN AREA, LOCATION AND OVER-ALL
PLANNING TO THE PURPOSE PROPOSED, AND THAT
SURROUNDING AREAS ARE PROTECTED FROM ANY ADVERSE
EFFECTS FROM SUCH DEVELOPMENT.
The Village Two, Three and a Portion of Four SPA Plan includes schools,
parks and Community Purpose Facility (CPF) sites. These sites have been
located in areas that are protected from adverse effects from adjoining
development.
F. THE STREET AND THOROUGHFARES PROPOSED ARE SUITABLE
AND ADEQUATE TO CARRY THE ANTICIPATED TRAFFIC
THEREON.
The circulation system depicted in the SPA Plan is consistent with the
Circulation system identified on the City's General Plan and Otay Ranch
General Development Plan and contains adequate internal circulation
consistent with the policies of the Otay Ranch General Development Plan
and the City's General Plan. Road improvements will be constructed per
the timing and threshold requirements outlined in the SPA Plan Public
Facilities Financing Plan.
G. ANY PROPOSED COMMERCIAL DEVELOPMENT CAN BE
JUSTIFIED ECONOMICALLY AT THE LOCATION (S) PROPOSED
AND WILL PROVIDE ADEQUATE COMMERCIAL FACILITIES OF
THE TYPES NEEDED AT SUCH PROPOSED LOCATION (S).
The location of proposed commercial development area in the SPA Plan is
consistent. These commercial uses reflect the Chula Vista General Plan
and Otay Ranch General Development Plan and will provide needed
commercial services to future residents in the area as well as visitors.
H. THE AREA SURROUNDING SAID DEVELOPMENT CAN BE
PLANNED AND ZONED IN COORDlNATION AND SUBSTANTIAL
COMPATIBILITY WITH SAID DEVELOPMENT.
The SPA plan is consistent with the approved plans and regulations
applicable to surrounding areas and therefore, said development can be
planned and zoned in coordination and substantial compatibility with said
development. The proposed SPA Plan is consistent with the Otay Ranch
General Development Plan and Chula Vista General Plan, as amended.
v. CONDITIONS OF APPROVAL
The City Council hereby approves the Project subject to the conditions set forth in
Exhibit "B", attached hereto and incorporated in the Project.
12-33
XI. CONSEQUENCE OF FAILURE OF CONDITIONS
If any of the foregoing conditions fail to occur, or if they are, by their terms, to be
implemented and maintained over time, if any of such conditions fail to be so
implemented and maintained according to their terms, the City shall have the right
to revoke or modify all approvals herein granted, deny, revoke or further condition
issuance of all future building permits issued under the authority of approvals
herein granted, institute and prosecute litigation to compel their compliance with
said conditions or seek damages for their violation.
XII. INVALIDITY; AUTOMATIC REVOCATION
It is the intention of the City Council that its adoption of this Resolution is
dependent upon the enforceability of each and every term, provision and condition
herein stated; and that in the event that anyone or more terms, provisions, or
conditions are determined by a Court of competent jurisdiction to be invalid,
illegal. or unenforceable, this resolution shall be deemed to be automatically
revoked and of no further force and effect ab initio.
Presented by
Approved as to form by
James D. Sandoval, AICP
Planning and Building Director
:f~ Moore
City Attorney
12-34
PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula
Vista, California, this 23rd day May, 2006, by the following vote:
AYES: Councilmembers:
NAYS: Councilmembers:
ABSENT: Councilmembers:
ABSTAIN: Councilmembers:
Stephen C. Padilla, Mayor
ATTEST:
Susan Bigelow, City Clerk
STATE OF CALIFORNIA )
COUNTY OF SAN DIEGO )
CITY OF CHULA VISTA )
I, Susan Bigelow, City Clerk 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 Chula Vista City Council held on the 23rd day of
May, 2006.
Executed this 23rd day of May, 2006.
Susan Bigelow, City Clerk
12-35
PROJECT
lOCATION
\
C HULA VISTA PLANNING AND BUILDING DEPARTMENT
LOCATOR PROJECT PROJECT DESCRIPTION:
C) APPLICANT: The Otay Ranch Company ENVIRONMENTAL IMPACT REPORT
PROJECT South of Olympic Pkwy and
ADDRESS: East of Otay Landfill. Village 2,3 and 4 (Portion)
SCALE: FILE NUMBER:
NORTH No Scale EIR-02-04? .~
J:\o Ian n inq\carlos\locators\eir0202.cdr 02.28.06
Exhibit B
SPA CONDITIONS OF APPROVAL FOR OTAY RANCH VILLAGE TWO, THREE
AND A PORTION OF FOUR
1. 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(s) as to
any or all of the Property. For the purpose of this document "Developer" shall also mean
"Applicant".
2. If any of the terms, covenants or conditions contained herein shall fail to occur or if they are,
by their terms, to be implemented and maintained over time, if any of such conditions fail to
be so implemented and maintained according to their terms, the City shall have the right to
revoke or modify all approvals herein granted including issuance of building permits, deny,
or further condition the subsequent approvals that are derived from the approvals herein
granted, institute and prosecute litigation to compel their compliance with said conditions
and/or seek damages for their violation.
3. Developer(s) shall indemnify, protect, defend and hold the City its agents, officer and
employees harmless from and against any and all claims, liabilities and costs, including
attorney's fees, arising from challenges to the Final Environmental Impact Report, FEIR #02-
02, for the Project and/or any or all entitlements and approvals issued by the City in
connection with the Proj ect.
4. The Developer(s) shall comply with all requirements and guidelines of the City of Chula
Vista including its General Plan; the City's Growth Management Ordinance; Otay Ranch
General Development Plan; Otay Ranch Resource Management Plan; Overall Design Plan;
Ranch Wide Affordable Housing Plan; Otay Ranch Village Two, Three and a Portion of Four
Sectional Planning Area (SPA) Plan and all supporting documents including: Planned
Community District Regulations; Village Design Plan; Business Park Design Plan; Public
Facilities Finance Plan; Affordable Housing Program; Air Quality Improvement Plan; Water
Conservation Plan; Non-Renewable Energy Conservation Plan; Park, Recreation, Open Space
and Trails Plan; Community Purpose Facility Master Plan; Agricultural Plan; Preserve Edge
Plan; and Fire Protection Plan.
5. Prior to the issuance of the 588th building permit, the applicant shall process a SPA Amendment
and Revised Tentative Map to provide a 3.0 to 5.0 acre Community Purpose Facility (CPF) site
in the Village Two Village Core.
6. No rear yard retaining wall shall be greater than 4 ~ feet in height. If a second retaining wall
is to be utilized, the minimum horizontal separation between the two walls shall be 4 ~ feet.
12-37
Village Two, Three and a Portion of Four SPA Plan
Conditions of Approval
7. The Developer(s) shall implement to the satisfaction of the Director of Planning and Building
all mitigation measures identified in EIR #02-02 (SCH No. 2003091012), the Candidate
CEQA Findings of Fact and the Mitigation Monitoring and Reporting Program. Prior to any
activity that may potentially impact biological resources, such as clearing and grubbing, the
applicant(s) shall comply with all applicable requirements prescribed in the Village Two,
Three and a Portion of Four Environmental Impact Report (EIR 02-02; SCH No.
2003091012), and Mitigation Monitoring and Reporting Program.
Page 2 of9
8. The Developer(s) shall comply with all requirements and policies of the Otay Ranch
Resource Management Plan (RMP) approved by the City Council on October 28, 1993, and
Phase 2 Resource Management Plan (RMP2), including the Preserve Conveyance Schedule,
as approved by City Council on June 4, 1996, or as amended from time to time by the City,
and shall enter into an agreement with the City prior to the approval of the first Tentative
Map for this Project, in order to implement the provisions of the Phase 2 Resource
Management Plan.
9. The Developer(s) shall convey fee title, or upon the consent of the Preserve OwnerlManager
(POM) and any lien holder, an easement restricting use of the land to those permitted by the
RMP, to the POM upon the recordation of each final map for an amount of land equal to the
final map's obligation to convey land to the Preserve, as required by the RMP. Where an
easement is conveyed, the Developer(s) shall be required to provide subordination of any
prior lien holders in order to ensure that the POM has a first priority interest in such land.
Where consent and subordination cannot be obtained, the Developer(s) shall convey fee title.
Where fee title or an easement is conveyed, access to the satisfaction of the POM shall be
conveyed. Where an easement is granted, each final map is subject to a condition that fee title
shall be granted upon demand by the POM. The developer further agrees to maintain and
manage the offered conveyance property consistent with Phase 1 and 2 RMP guidelines until
such time when the POM has accepted the conveyance property.
10. The developer shall reseed areas classified as agriculture (7.11 acres) , proposed for inclusion
in the Preserve, with native grasses at the appropriate time of year for impacts to annual
grassland. The Landscape and Irrigation Plans for the proj ect shall identify those areas to be
reseeded and include the proposed seed mix, all of which will be subject to review and
approval of the City's Environmental Review Coordinator.
11. The developer shall be required to retain a City-approved biologist to conduct pre-
construction surveys to determine whether there are burrowing owls on site. The results
from the pre-construction survey shall be submitted to the City's Environmental Review
Coordinator for review and approval prior to initiating any construction activities (including
grading or the removal of vegetation). If there are burrowing owls on site, a relocation plan
shall be prepared and implemented to ensure that burrowing owls are properly relocated.
The relocation plan shall be submitted to the City and the Wildlife Agencies for review and
approval prior to initiating any construction activities.
12-38
Village Two, Three and a Portion of Four SPA Plan
Conditions of Approval
12. Prior to approval of the first "B" map for the Project, at the request of the City Engineer,
Developer(s) shall take all necessary steps to include the Project area within hnprovement
Area "A" of the Otay Ranch Preserve Maintenance District (CFD. No. 97-02).
Page 3 of9
13. The Developer(s) shall obtain any necessary permits and comply with any applicable
requirements of the California Department of Fish and Game, California State Water
Resources Control Board, U.S. Department ofFish and Wildlife and the U.S. Army Corps of
Engineers. If required, Developer(s) shall apply for and receive a take permit/authorization
from the U.S. Fish and Wildlife Service and California Department of Fish and Game or
comply with the approved City of Chula Vista MSCP Subarea Plan or other equivalent take
permit/authorization applicable to the Project.
14. Developer(s) acknowledge that approval of the Otay Ranch Village Two, Three and a Portion
of Four SPA Plan does not constitute approval of the final lot configurations, grading, or
street designs shown within the SPA plan. Modifications must be reviewed and approved by
the City Engineer and Director of Planning and Building, the Planning Commission or the
City Council during the tentative subdivision map process. The ultimate total number of
dwelling units for Village Two, Three and a Portion of Four, resulting from more specific
Tentative Map and Final Map planning and analysis, and/or the Site Plan/Design Review
process, may require a reduction in the number of total units as described in the Village Two,
Three and a Portion of Four SPA Plan and Otay Ranch General Development Plan.
15. Street cross sections shall conform to those standards contained in the Village Two, Three
and a Portion of Four SPA Plan. All other design criteria shall conform to the Otay Ranch
Street Sections contained in the document entitled Design Standards and the Subdivision
Manual both as amended from time to time, ("City Design Standards"). Any proposed
variations from the City Design Standards, which are not addressed in the SPA Plan shall be
subject to approval by the City and indicated on the appropriate tentative subdivision map.
16. Prior to approval of the first final map for the Project the Developer(s) shall provide a Sub
Area Master Plan (SAMP) for Village Two, Three and a Portion of Four, as approved by
Otay Water District (OWD), which will also include an analysis of recycled water for open
space slopes. When said SAMP is approved, the Developer(s) shall provide the water and
recycled water improvements in accordance with the SAMP. The SAMP shall be consistent
with the SPA Plan. If the SAMP is inconsistent with the SPA Plan, the Developer(s) shall be
responsible for obtaining the approval by OWD of any amendment to the Village Two, Three
and a Portion of Four SAMP in order for the Village Two, Three and a Portion of Four
SAMP to be consistent with the approved SPA Plan prior to the approval of the first map for
the Proj ect.
17. The Applicant shall comply with the Fire Department's codes and policies for Fire
Prevention, and the recommendations contained in the approved Fire Protection Plan, Urban-
Wildland mterface Area for Village Two, Three and a Portion of Four, as may be amended
from time to time. Prior to the approval of the first final map, a fire access and water supply
plan prepared by a licensed engineering firm, which has been determined to be qualified in
the sole discretion of the Fire Marshall, shall be submitted to for approval by the City Of
12-39
Village Two, Three and a Portion of Four SPA Plan Page 4 of9
Conditions of Approval
Chula Vista Fire Department. The plan shall detail how and when the Applicant shall provide
the following items either prior to the issuance of building permit(s) for the Project, or prior
to delivery of combustible materials on any construction site on the Project, whichever
occurs earlier:
a. Water supply consisting of fire hydrants as approved and indicated by the Fire
Department during plan check to the satisfaction of the Fire Department. Any temporary
water supply source is subject to prior approval by the Fire Marshal.
b. Emergency vehicle access consisting of a minimum first layer of hard asphalt surface or
concrete surface, with a minimum standard width of 15 feet.
c. Street signs installed to the satisfaction of the City Engineer. Temporary street signs
shall be subject to the approval of the City Engineer and Fire Department. Locations and
identification of temporary street signs shall be subject to review and approval by the
City Engineer and Fire Department.
18. The Village Two, Three and a Portion of Four sewer improvements shall be consistent with
the Village Two, Three and a Portion of Four Conceptual Sewer Study, dated January 2006
or a subsequent Sewer Study submitted to and approved by the City Engineer.
19. Developer(s) shall comply with the provisions of the City of Chula Vista Parks and
Recreation Master Plan as adopted and as it affects facilities and other related requirements
for the Project's parks.
20. The Developer(s) acknowledge and agrees to comply with the provisions ofthe City ofChula
Vista Greenbelt Master Plan (September 16,2003) as adopted and as may be amended from
time to time.
21. Developer(s) agree(s) at Developer(s)'s sole expense, including to but not limited to the
necessary above and/or underground utilities to accommodate the required street trees within the
street tree planting easement and parkway as determined necessary by the Director of General
Services and the City Engineer.
22. Developer(s) shall deliver parkland to satisfy (their) community parkland obligation(s) in a
manner consistent with Chula Vista Municipal Code Chapter 17. The community parkland
obligation shall be located within Village Four. The location of the community parkland
obligation is subject to the approval of the Directors of Planning and General Services.
23. The Developer(s) shall install Chula Vista transit facilities, which may include but not be
limited to benches and bus shelters, in accordance with the improvement plans approved by
the City. Since transit service availability may not coincide with project development, the
Developer(s) shall install said improvements when directed by the City. The Developer(s),
separately and individually, shall enter into (an) agreement(s) with the City prior to approval
12-40
Village Two, Three and a Portion of Four SPA Plan
Conditions of Approval
of each Developers' fIrst map regarding Developer(s') funding of these facilities. Said transit
stops shall be designed in the manner consistent with the transit stop details as described in
the SPA Plan and Village Design Plan, and as approved by the City's Transit Coordinator and
Director of Planning and Building.
Page 5 of9
24. In order to satisfy their fair-share contribution for fInancing the Bus Rapid Transit (BRT) or
other transit system, the Developer(s) shall enter into an agreement with the City which states
that the Developer(s) will not protest the formation of any potential future regional benefIt
assessment district formed to fInance the (BRT).
25. The Developer(s) shall each enter into an agreement with the City of Chula Vista, prior to
approval of each Developers' fIrst fInal map, regarding the provision of affordable housing.
Said agreements shall be a condition of approval of each Developers' first tentative map.
Such agreements shall be in accordance with the Chula Vista Housing Element, the Ranch
Wide Mfordable Housing Plan and the Village Two, Three and a Portion of Four Mfordable
Housing Plan.
26. No final "B" maps may be recorded within Village Two, Three and a Portion of Four until
such time that one or more annexable Mello-Roos District(s), or other fInancing mechanism
approved by the elementary and high school districts to provide for the construction of
needed elementary, middle and high schools, is/are established.
27. If required by the City, the Developer(s), separately and individually, shall enter into
agreements with the City of Chula Vista, prior to approval of each Developers' fIrst fmal "B"
map within Village Two, Three and a Portion of Four, in order to participate, on a fair share
basis, in any defIciency plan or financial program adopted by SANDAG to comply with the
Congestion Management Program (CMP).
28. If required by the County of San Diego, the Developer(s) shall equitably participate in any
future regional impact fee program for correctional facilities should the region enact such a
fee program to assist in the construction of such facilities. The Developer(s) shall enter into
an agreement, prior to approval of the fIrst fInal map, with the City which states that the
Developer(s) will not protest the formation of any potential future regional benefIt
assessment district formed to fmance correctional facilities.
29. The Developer(s) shall fund the Reserve Fund as required by the Reserve Fund Program.
30. Pursuant to the provisions of the Growth Management Ordinance (Section 19.09 of the
CYMC) and the Otay Ranch General Development Plan (GDP), and as they may be amended
from time to time, the Applicant shall complete the following: (1) Fund a fair share of the
preparation of an annual report monitoring the development of the community of Otay
Ranch. The annual monitoring report will analyze the supply of, and demand for, public
facilities and services governed by the threshold standards. An annual review shall
commence following the fIrst fIscal year in which residential occupancy occurs and is to be
completed during the second quarter of the following fiscal year. The annual report shall
adhere to those guidelines noted on page 353, Section D of the GDP/SRP; and (2) Prepare a
12-41
Village Two, Three and a Portion of Four SPA Plan Page 6 of9
Conditions of Approval
five year development phasing forecast identifying targeted submittal dates for future
discretionary applications (SPA's and tentative maps), projected construction dates,
corresponding public facility needs per the adopted threshold standards, and identifying
financing options for necessary facilities.
31. The owners of each Village shall be responsible for retaining a proj ect 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 proj ect
manager shall have a well-rounded educational background and experience, including but not
limited to land use planning and architecture.
32. Pursuant to the provisions of the Growth Management Ordinance and the Otay Ranch GDP,
the Developer(s) 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.
33. The Developer(s) 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 Village Two, Three and a Portion of
Four. The Developer(s) understands that it is the City's intent to require the Developer(s) to
focus development on the village core in order to increase the viability of the core and to
fulfill the objectives ofthe Otay Ranch General Development Plan.
34. Phasing approved with the SPA Plan may be amended subj ect to approval by the Director of
Planning and Building and the City Engineer.
35. The Public Facilities Finance Plan (PFFP) for Village Two, Three and a Portion of Four or
revisions thereto shall be adhered to for the Village Two, Three and a Portion of F our 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 Village
Two, Three and a Portion of Four, actual development may differ from the assumptions
contained in the PFFP. Neither the PFFP nor any other Village Two, Three and a Portion of
Four documents grant the Developer(s) an entitlement to develop as assumed in the PFFP, or
limit Village Two, Three and a Portion of Four'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 Village Two, Three and a Portion of Four 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
transportation phasing plan for the City of Chula Vista or amendment to the Growth
Management Program and Ordinance adopted by the City. The City Engineer may modify
12-42
Village Two, Three and a Portion of Four SPA Plan
Conditions of Approval
the sequence of improvement construction should conditions change to warrant such a
reVISIon
Page 7 of9
36. The Developer(s) shall enter into supplemental agreement(s) with the City, prior to approval
of each final map for any phase or unit, whereby:
a. The Developer(s) agree(s) that the City may withhold building permits for any units in
Village Two, Three and a Portion of Four in order to have the Project comply with the
Growth Management Program; or, if anyone ofthe following occur:
(1) Regional development threshold limits set by a Chula Vista transportation phasing
plan, as amended from time to time, have been reached.
(2) Traffic volumes, level of service, public utilities and/or services either exceed the
adopted City threshold standards or fail to comply with the then effective Growth
Management Ordinance and Growth Management Program and any amendments
thereto.
(3) The required public facilities, as identified in the Public Facilities Finance Plan
(PFFP), or as amended or otherwise conditioned, have not been completed or
constructed to the City's satisfaction. The Developer(s) may propose changes in the
timing and sequencing of development and the construction of improvements
affected. In such case, the PFFP may be amended after review and approval by the
City's Director of Planning and Building and the Public Works Director. The
Developer(s) agree(s) that the City may withhold building permits for any of the
phases of development identified in the PFFP for Otay Ranch Village Two, Three and
a Portion of Four SPA if the required public facilities, as identified in the PFFP or as
amended by the Annual Monitoring Program, have not been completed. Public
utilities shall include, but not be limited to, air quality, drainage, sewer and water.
b. The Developer(s) agree to defend, indemnify and hold harmless the City and its agents,
officers and employees, pursuant to Section 66499.37 of the State Map Act, from any
claim, action or proceeding against the City, its agents, officers or employees:
(1) 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 the Project, and;
(2) As to each Developers' respective subsequent development of their portions of the
Project, provided the City promptly notifies the Developer(s) of any claim, action or
proceeding and on the further condition that the City fully cooperates in the defense.
37. The Developer(s) acknowledge(s) its/their understanding that the City is in the process of
amending its Growth Management Program and Ordinance in order to establish updated
development phasing provisions necessary to ensure compliance with threshold standards. In
order for the Otay Ranch Village Two, Three and a Portion of Four Project to be consistent
12-43
Village Two, Three and a Portion of Four SPA Plan
Conditions of Approval
with the City's growth management provisions, the Developer(s) hereby agree(s) to comply
with the Growth Management Program and Ordinance, as may be amended from time to
time, in order for the City to approve this Project. Said provisions shall also be included as a
condition of approval of all Tentative Maps within Village Two, Three and a Portion of Four.
Page 8 of9
38. The Developer(s) shall submit electronic versions of all SPA documents, including text and
graphics, to the Planning and Building Department in a format specified and acceptable to
the Director of Planning and Building.
12-44
Village Two, Three and a Portion of Four SPA Plan
Conditions of Approval
Page 9 of9
Exhibit B
AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND OTAY PROJECT, L.P. AND
FLATROCK LAND COMPANY, LLC RELATED TO VILLAGE TWO, THREE AND A
PORTION OF FOUR SP A APPROVAL
The Property Owner and the Developer( s) shall execute this document by signing the lines
provided below, said execution indicating that the Property Owner and Developer(s) have each
read, understood and agreed to the conditions contained in Resolution No. , and will
implement same to the satisfaction of the City. Upon execution, this document and a copy of
Resolution No. shall be recorded with the County Clerk of the County of San Diego, at
the sole expense of the Property Owner and/or Developer(s), and a signed, stamped copy
returned to the City Clerk. Failure to return a signed and stamped copy of this recorded
document within thirty days of recordation to the City Clerk shall indicate the Property
Owner/Developer(s)'s desire that the project, and the corresponding application for building
permits and/or a business license, be held in abeyance without approval.
Signature of Property Owner
Date
Signature of Property Owner
Date
Attachment( s)
H:\PLANNING\scorrD\V2 SPA CONDITIONS OF APPROVAL. DOC
12-45
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTAAPPROVIN(; THE SECTIONAL PLANNING AREA
(SPA) PLANNED COMMUNITY DISTRICT REGULATIONS FOR
OTAY RANCH VILLAGE TWO, THREE AND A PORTION OF
FOUR.
WHEREAS, the property which is the subj ect matter of this resolution is identified as
Exhibit "A" attached hereto and commonly known as Otay Ranch, Village Two, Three and a Portion
of Four ("Property"); and,
WHEREAS, an application to consider a new Sectional PlanniI;lg Area (SPA) Plan, including
Planned Community District Regulations, for Village Two, Three and a Portion of Four was filed
with the City of Chula Vista Planning and Building Department on January 25,2005 by Otay Ranch
L.P. and Flat Rock Land Company, LLC ("Applicant"); and,
WHEREAS, the Otay Ranch, Village Two, Three and a Portion of Four Sectional Planning
Area (SPA) Plan, Planned Community District Regulations ("Project") are intended to ensure that
the Otay Ranch Village Two, Three and a Portion of Four SPA Plan is prepared in accordance with
the Otay Ranch General Development Plan (GDP), to implement the City of Chula Vista General
Plan for eastern Chula Vista, to promote the orderly planning and long term phased development of
the Otay Ranch GDP and to establish conditions which will enable the amended Otay Ranch, Village
Two, Three and a Portion of Four area to exist in harmony within the community; and,
WHEREAS, the Otay Ranch, Village Two, Three and a Potion of Four SPA Planned
Community District Regulations are established pursuant to Title 19 of the Chula Vista Municipal
Code, specifically Chapter 19.48 (PC) Planned Community Zone, and are applicable to the Otay
Ranch Village Two, Three and a Portion of Four SPA Land Use Plan of the Otay Ranch Village
Two, Three and a Portion of Four SPA Plan; and,
WHEREAS, the Otay Ranch Village Two, Three and a Portion of Four SPA Planned
Community District Regulations establishes zoning regulation adjustments to the Single-Family
Two, Single-Family Three, Single-Family Four, Residential Multi-Family One, Residential Multi-
Family Two, Community Purpose Facility, Business Park One, Business Park Two, Mixed Use,
Parks, and Open Space Districts located in the Otay Ranch Village Two, Three and a Portion of
F our; and,
WHEREAS, the Property is also the subject matter of an amendment to the Otay Ranch
General Development Plan (GDP) adopted by City Council by Resolution No. ; and,
WHEREAS, the Project was included in the environmental evaluation of said amended
GDP, which relied in part on the original Otay Ranch General Development Plan Program
Environmental Impact Report 90-01, and the Otay Ranch Village Two, Three and a Portion of Four
SP A Plan Final Second-Tier Environmental Impact Report ("EIR 02-02") (SCH#2003091 0 12), the
12-46
Ordinance No.
Page 2
candidate CEQA Findings and Mitigation Monitoring and Reporting Program; and,
WHEREAS, the Planning Commission set the time and place for a hearing on said Otay
Ranch Village Two, Three and a Portion ofF our Sectional Planning Area (SPA) Plan (PCM -01-01)
and notice of said hearing, together with its purpose, was given by its publication in a newspaper of
general circulation in the city and its mailing to property owners within 500 feet of the exterior
boundaries of the Project site at least ten days prior to the hearing; and,
WHEREAS, the hearing was held at the time and place as advertised, namely 6:00 p.m. May
10,2006, in the Council Chambers located in the Administration Building, 276 Fourth Avenue, and
the Planning Commission voted 5-0 to approve Planning Commission Resolution PCM-OI-0l
recommending to the City Council approval of the Planned Community District regulations; and,
WHEREAS, a duly noticed public hearing was scheduled before the City Council of the City
of Chula Vista on the Otay Ranch Village Two, Three and a Portion ofF our SPA Plan and adopting
the ordinance to approve the SPA Planned Community District Regulations for Otay Ranch Village
Two, Three and a Portion of Four; and,
NOW, THEREFORE, THE CITY COUNCIL of the City of Chula Vista does hereby
order and ordain as follows:
I. PLANNING COMMISSION RECORD
The proceedings and all evidence introduced before the Planning Commission at their public
hearing held on May 10, 2006 and the minutes and resolutions resulting therefrom, are
hereby incorporated into the record of this proceeding. These documents, along with any
documents submitted to the decision makers, shall comprise the entire record of the
proceedings for any California Environmental Quality Act (CEQA) claims.
il. COMPLIANCE WITH CEQA
The City Council hereby fmds that the Project, as described and analyzed in the Second-Tier
Final EIR 02-02, would have no new effects that were not examined in said Final EIR
(Guideline 15168 (c)(2)).
ill. ACTION
The City Council hereby adopts an Ordinance to the Otay Ranch Village Two, Three and a
Portion of Four SPA Planned Community District Regulations, finding that they are
consistent with the City of Chula Vista General Plan, the Otay Ranch General Development
Plan and all other applicable Plans, and that the public necessity, convenience, general
welfare and good planning and zoning practice support their approval and implementation.
12-47
Ordinance No.
Page 3
IV. EFFECTIVE DATE
This Ordinance shall take effect and be in full force on the thirtieth day from and after its
adoption
Presented by
Approved as to form by
James D. Sandoval, AICP
Planning and Building Director
.<:::;. Ann Moore
-1: 0(1 City Attorney
H:\PLANNING\scorrD\V2 SPA CC ORDINANCE.DOC
12-48
PROJECT
lOCATION
\
C HULA VISTA PLANNING AND BUILDING DEPARTMENT
LOCATOR PROJECT PROJECT DESCRIPTION:
~ APPLICANT: The Otay Ranch Company ENVIRONMENTAL IMPACT REPORT
PROJECT South of Olympic Pkwy and
ADDRESS: East of Otay LandfilL Village 2, 3 and 4 (Portion)
SCALE: I FILE NUMBER: 1 2 - 41 EXHIBIT "A"
NORTH No Scale EIR-02-02 - ---
..
COUNCIL AGENDA STATEMENT
Item No.: ~
Meeting Date: O"/?i/On
ITEM TITLE:
PUBLIC HEARING: Consideration of a Tentative Subdivision Map for
Village Two and a Portion of Village Four ofOtay Ranch. Applicant: Otay
Project L.P.
SUBMITTED BY:
RESOLUTION: Resolution of the City Council of the City of Chula
Vista approving a Tentative Subdivision Map for Village Two and a
Portion of Village Four, of the Otay Ranch.
Director of Planning and BUilding~
CityManager~b'- (4/5ths Vote: Yes _ No -X....)
REVIEWED BY:
Otay Project L.P. has applied for approval of a tentative subdivision map to subdivide
approximately 702.5 gross acres of land in Village Two into 1,252 lots. The tentative map
proposes 1,055 single-family residential lots, 10 multi-family residential lots containing 1,416
units. The tentative map proposes lots for the elementary school, parks, community purpose
facilities, mixed-use, industrial and commercial lots as authorized by the Village Two, Three and
a Portion of Four Sectional Planning Area (SPA) Plan.
RECOMMENDATION: Staff recommends that the City Council adopt a resolution (pCS-06-
05) approving the Tentative Subdivision Map for Village Two and a Portion of Village Four.
BOARDS/COMMISSIONS RECOMMENDATION: The Planning Commission met on May
10, 2006 and voted 5-0 to recommend approval of the Tentative Subdivision Map for Village
Two and a Portion of Four.
The Resource Conservation Commission met on April 17, 2006 to consider the Final Second
Tier Environmental Impact Report (EIR-02-02) and voted 6-0 to recommend certification of the
document
ENVIRONMENTAL REVIEW: The City's Environmental Review Coordinator has reviewed
the Project and determined that the Project would result in a significant impact to the
environment; therefore, a Second-Tier Environmental Impact Report (EIR 02-02) has been
prepared. Certification of the Second-Tier Environmental Impact Report for this project (EIR 02-
02) will be considered by the City Council.
DISCUSSION:
Ryistin~ Site Characteristics
Villages Two and Four are located in the western section of the Otay Valley Parcel in Otay
13-1
Page 2, Item: / 3>
Meeting Date: 01/21/06
Ranch. Village Two is approximately 775 acres and is bound on the north by Olympic Parkway,
on the south by Wolf Canyon, on the east by La Media Road, on the southwest by the Otay
Landfill and on the northwest by the Sunbow Industrial Park. The 44.6 gross-acre portion of
Village Four is bound by Wolf Canyon to the north and west, La Media Road to the east and the
remainder of Village Four to the south. A City of San Diego waterline fee strip/easement runs
through the Community Park site, Wolf Canyon and portions of Village Two. The fee
strip/easement is proposed to be left in place as part of this project.
General Plan, Zonin~ and T ,and Use
The General Plan identifies Village Two in the Western District of the Otay Ranch Subarea and
Village Four in the Central District. The General Plan designates residential land uses in Village
Two as Residential Low-Medium (3-6 dwelling units per acre). In addition, there is a village core
located within Village Two that contains two neighborhood parks (NP) and an elementary school
(ES). A portion of Village Four is included in this project and is designated as community park
(CP) in the General Plan.
The Otay Ranch GDP authorizes 2,510 dwelling units (709 single-family and 1,801 multi-family)
for Village Two and a community park for the portion of Village Four included within this
application. The proposed tentative subdivision map relies on the approval of amendments to the
City's General Plan, the Otay Ranch General Development Plan and the Village Two, Three and
a Portion of Four Sectional Planning Area (SPA) Plan (as described in GPA-01-01 and PCM-01-
01). The Village Two, Three and a Portion of Four Planned Community (PC) District
Regulations establish separate zoning districts for the village land uses as described in Table 1.
Table 1
PC District Zoning Designations and Definitions
SYMBOL DEFINITION
SF2 Single Family Two: District which permits single-family housing located
on lots >8 750 souare-feet
SF3 Single Family Three: District which permits single-family housing
located on lots from 5.000 to 8 749 square-feet.
SF4 Single Family Four: District which permits single-family housing located
on lots <5 000 sauare- feet.
RM1 Residential Multi-Family One: District which permits housing ranging
from 8 units/acre to 14.9 units/acre including small lot single-family,
alley dunlex. townhouse and stacked flat nroduct tvnes.
RM2 Residential Multi-Family Two: District which permits housing at
densities from 15+ units/acre.
CPF Community Purpose Facility: District which permit uses established
pursuant to the Community Purpose Facility requirements of the PC
ReQUlations.
13-2
Page 3, Item: 13
Meeting Date: 0:'5/?i/06
SYMBOL
MU
OS1
DEFINITION
Mixed-Use: District which permits commercial uses such as, but not
limited to, retail shops, professional offices and service commercial
within the Village Core. Transfer of residential uses into this district may
be ermitted above or connected to the commercial uses.
Parks: District which permits allowable open space and park uses
including community parks, neighborhood parks, pedestrian parks, town
s uares and rivate arks.
Open Space One: District which permits developed or usable open space
and ark uses and ma include naturalized 0 en s ace.
Open Space Two: District which permits natural, undisturbed and/or
restored 0 en s ace which is art of the Ota Ranch Preserve.
P
OS2
Villages Two and Four are currently vacant land that has been used for agricultural in the past.
To the north, Olympic Parkway separates the Village Two from the Village of Heritage (Village
One). Villages Six and Seven are to the east of the project site along the southerly extension of
La Media Road. The Otay Landfill borders the project site to the south of Village Two West and
west of the main portion of Village Two. Wolf Canyon, located within the Otay Ranch Preserve,
borders Village Two to the south and Village Four to the north. The community park site is also
bound by La Media Road and Village Seven to the east, the remainder of Village Four and its
planned single-family residences to the south.
Proposed Plan
rand r !'1t'!
The tentative map proposes to subdivide Village Two (approximately 775 acres) into 1,055
single-family residential lots, 10 multi~family residential lots containing 1,416 units, 13 master
open space lots, 158 HOA maintained lots, one school lot, five park lots, five community
purpose facility lots, three mixed-use lots, three industrial lots and one commercial lot as
authorized by the Village Two, Three and a Portion of Four Sectional Planning Area (SPA) Plan.
The map proposes to create a 44.6-acre lot for a portion of the 70-acre community park. The
Village Two SPA Plan authorizes 2,786 units for Village Two and the community park for
approximately 44.2 acres of Village Four. The tentative map application proposes 2,784 units.
The proposed project site is constrained by a City of San Diego waterline that traverses the site.
The waterline enters the community park property from the south and travels north to Wolf
Canyon and Village Two. The waterline parallels the back of Otay Ranch High School's property
and then connects to the waterline in Olympic Parkway. The project proposes to leave the
waterline in place, however, the applicant is in negotiations with the City of San Diego to
relocate the waterline to La Media Road. Those negotiations are ongoing.
The Village Two core is located on State Street and runs east between Santa Victoria Road and
13-3
Page 4, Item: l3
Meeting Date: OS/?1/On
Santa Diana Road. From east to west, the Village Core includes the 11.9-acre commercial (C-1)
site, a 1.3-acre Community Purpose Facility site (CPF-4) and the 4.4-acre mixed-use (MU-3)
area that will incorporate 38 units along State Street. Adjacent to the roundabout, a l.4-acre
mixed-use site (MU-2), that includes 12 residential units and a 6.9-acre neighborhood park (P-3)
are located on the comer of Santa Diana Road and Santa Victoria Road. East of the :MU-2 site,
multi-family residential Neighborhood R-29 will include 152 units on 17.1 acres and multi-
family residential Neighborhood R-11 will include 144 units on 14.5 acres. Village Two's 10.3-
acre elementary school site (S-l) and a 7.1-acre neighborhood parks (P-2) will occupy the center
of the village. The village core ends at the western roundabout with a 1.0-acre town square (P-1),
a 1.6-acre mixed-use site (MU-l) and multi-family residential Neighborhood R-28 that includes
85 units on 14.4 acres.
l:irrulntinn
Vehicular access to Village Two is proposed from seven different locations in the Project as
provided for in the Village Two SPA Plan. The proj ect proposes a series of Transit Village Entry
Streets, Secondary Village Entry Streets and Residential Promenade Streets leading into, and
within, the village core from Olympic Parkway, La Media Road and Heritage Road.
The SPA Plan's Public Facilities Finance Plan (PFFP) indicates the intersection of Heritage Road
and Olympic Parkway will exceed the City's thresholds at 1,276 equivalent dwelling units
(EDU), and a second access to the village necessary. The conditions of approval require Heritage
Road to be extended to Main StreetJRock Mountain Road prior to the issuance of the building
permit for the 1,276 EDU in Village Two.
Two alternative alignments are proposed for the intersection of Heritage Road and Main
StreetJRock Mountain Road. The ultimate alignment of Heritage Road south of Main Street will
require the construction of a new road and bridge across the Otay River, which the City of San
Diego will assist in financing. However, San Diego's funding will most likely occur after the
build-out of Village Two. The ultimate intersection is 40 feet higher than the existing grade of
Main Street and Heritage Road to the south. An interim solution is proposed to provide access to
Main Street until the City of San Diego funding is available to build the ultimate alignment of
Heritage Road and the new Otay River bridge. The interim solution does provide sufficient
capacity for the build-out of Village Two.
The centerpiece of Village Two will be the entry on State Street. This Transit Village Entry
Street will bring residents into the village core from La Media Road. State Street is a 143-foot
wide street with landscaped median for much of its length. Two travel lanes adjacent to diagonal
parking spaces create an urban environment that will adjoin the Village Pathway on the north and
a concrete pathway on the south. Buildings will be pulled-up to the back of the pathway, and
neck-downs will create a pedestrian-friendly atmosphere. Village Entry and Secondary Village
Entry Streets connect State Street to the rest of the village core. Santa Victoria Street is the major
east/west connection within Village Two. It starts as a Village Entry Street with on-street
13-4
Page 5, Item: 13
Meeting Date: O~/?1/Oh
diagonal parking south of the eastern roundabout and then continues as a Secondary Village
Entry through its intersection with Heritage Road and on to Olympic Parkway.
A series of tree-lined Residential Promenade Streets connect the residential neighborhoods to the
village core. Consistent with other villages in Otay Ranch, residential streets are 32 feet wide
with two 10-foot travel lanes and 6-foot parking lanes on each side of the road. Residential
streets are bordered by an 8-foot parkway that includes turf and street trees and 5-foot sidewalks.
This design encourages pedestrian friendly movement and an inviting streetscape. Consistent
with the policies of the Otay Ranch GDP, a strong "grid pattern" of streets is proposed
throughout the village to minimize residential cul-de-sacs and provide multiple points of access
to the village core or elsewhere.
Vehicular traffic, while important for circulation in all Otay Ranch villages, is considered
secondary to pedestrian traffic in the proposed project. As required by the Otay Ranch GDP,
streets are designed to be narrower to reduce vehicular speeds and cul-de-sacs are only used at
the edge of the villages. In addition, 'traffic calming" devices such as "roundabouts" and "neck-
downs" are used.
(;rnding
The proposed grading plan for the proposed tentative map is designed to comply with the
General Plan and the Otay Ranch GDP policies for landform grading. The grading concept for
the proposed project is based on the following principles: create a fairly level village core, use
landform grading techniques adj acent to arterial roads to make slopes look natural, balance
earthwork, create and maintain views, use elevation changes to separate potential land use
conflicts, minimize impacts to surrounding canyons, and create a usable 44-plus acre park.
The grading proposed by the applicant will create a relatively level village core and would
provide for balancing cut and fill totaling 29,668,000 cubic yards (14,834,000 cubic yards of cut
and 14,834,000 cubic yards of fill). Cut and fill areas are shown on Attachment 2. Contour
grading techniques are proposed on all man-made slopes along La Media Road, Heritage Road,
Olympic Parkway and along Wolf Canyon to mimic natural slopes in the vicinity. A significant
off-site retaining wall is proposed along Heritage Road adj acent to the Otay LandfilL This wall is
22 feet high at its highest. The applicant has proposed to meander the wall, provide planting
pockets and use plantable construction to minimize the visual impacts to the extent possible.
Due to the large naturally occurring hillsides directly south of Olympic Parkway a number of
large man-made slopes will occur on the perimeter of the project. Slopes in excess of 100 feet
will occur at the southeast and southwest comers of Olympic Parkway and Heritage Road, along
the project's Olympic Parkway interface and where La Media Road crosses Wolf Canyon. The
grading plan also proposes large slopes on the southern portion of the community park site as La
Media Road climbs out of the canyon. The perimeter slopes ofthe project are also included in the
75-foot wide (average) landscape and open space buffers from each of the three roads on the
13-5
Page 6, Item: ! 3
Meeting Date: 01ni/Oh
project's boundary.
Park<::, Rp.rrr:>atirm npp.n Sparr:> and Trail<:
Pedestrian pathways are provided throughout the proposed project to connect internal paths to
regional trails located on the perimeter of the project. A hierarchy of pathways will connect the
pedestrian within and outside of the village (see Attachment 3). The 15-foot Village Pathway will
connect residents to the village core, regional trails and other villages via pedestrian bridges over
the arterial roadways. This project includes two pedestrian bridges connecting Village Two with
Village Six to the east and connecting Village Two to Village One to the north (currently under
construction). Promenade streets, with street trees on both sides of the sidewalk, will connect
pedestrians to the village core, residential areas, pedestrian parks and the Village Pathway.
The Village Two, Three and a Portion of Four project contains a wide variety of open space areas
to promote the overall open sp'ace element of Otay Ranch. The Village Greenway, which
provides a 75-foot average open space corridor, will connect Village Seven with the community
park site on Village Four. In addition, Olympic Parkway, Heritage Road and La Media Road also
provide a 75-foot average open space buffer along these arterial roadways.
A proposed 44.6-acre portion of the planned 70-acre community park will be the major public
park in the project. In addition, the village core contains a lA-acre Town Square (P-I), a 7. I-acre
neighborhood park (P-2), and a 6.3-acre neighborhood park (P-3) near the westerly terminus of
State Street. The applicant is also proposing two private Home Owners Association maintained
parks (CPF-1 and 2) near Neighborhoods R-7 and R-23.
Consistent with the requirements of the Otay Ranch Resource Management Plan (RMP), the
proposed project must convey land to the Otay Ranch Preserve. The development of one acre of
land in Otay Ranch requires the dedication of 1.188-acres of land to the Otay Ranch Preserve
with the approval of each Final Map. As required by the RMP, the project is obligated to convey
769.9 acres of land to the Otay Ranch Preserve Owner/ Manager (City and County of San Diego).
rnmmunity Purpmr:> Pari/ity
The tentative map for Village Two will not fulfill the Community Purpose Facility (CPF)
obligation as identified in the SPA Plan. With an estimated 'population of 8,458 persons in
Village Two, 11.8 acres of CPF land is required (1.39 acres per 1,000 residents). The proposed
project includes five CPF sites totaling 6.1 acres. Three of the sites are proposed Private
Recreations Facilities ranging in size from 0.9 to 1.7 acres, while the other two are "floating
sites" located in Neighborhood R-12 (0.8-acres pedestrian park) and the Commercial (C-1) site
(1.5 acres for a potential day care). The remaining SPA Plan obligation is proposed to be met by
a 10.2-acre CPF site located in Village Three Industrial area of the SPA Plan. The applicant has
agreed to process a SPA Plan and tentative map amendment pursuant to the conditions of
approval (Condition # 5)for the SPA Plan to locate a 3- to 5-acre CPF site in the Village Two
13-6
Page 7, Item: \.3-
Meeting Date: Ol)/?i/Ofl
core.
Rp<::idpntinl Npighhnrhnnd'\
Fourteen single-family residential neighborhoods are proposed to contain 986 single-family
residences ranging from 2.9 to 7.7 units per acre on lot sizes ranging from approximately 2,890
square feet to 18,938 square feet. Retaining walls are used extensively throughout the single-
family neighborhoods. While small 1.5- to 2-foot walls in the side yards help identify property
boundaries, some rear yards have walls up to 7 feet tall with a minimum rear yard set back of 15
feet. Staff believes any rear yard wall over 4.5 feet should be terraced or plantable. The
conditions of approval include this requirement.
Thirteen multi-family developments (including three mixed-use sites) provide an additional
1,800 dwelling units, which range from 8.3 to 21.1 units per acre. These multi-family
developments will incorporate a variety of housing types including alley homes, townhouses,
condominiums and apartments. Each of the multi-family developments will provide street
frontage to enhance the pedestrian experience and provide a human scale. ill higher density
multi-family neighborhoods, individual pedestrian connections to some of the units will be
provided as welL Table Two summarizes the residential land uses within Village Two.
Table 2
PROPOSED RESIDENTIAL NEIGHBORHOODS
Neighborhood I Land Use Tentative Map Tentative Target Lot
Area Acreage Map DU's/Acre Size
Dwelling Min
Units
Villa9'e Two Sin 9'le- Familv
R-4 SF 41.5 160 3.9 2885
R-6 SF 12.6 63 5.0 5060
R-7 SF 9.4 44 4.7 6100
R-8 SF 10.1 50 5.1 5060
R-9 SF 13.5 101 7.6 3799
R-15 SF 8.0 45 6.3 4343
R -18A SF 11.1 65 5.6 4250
R -18B SF 11.1 48 4.4 6132
R-19 SF 10.8 83 7.7 3868
R-20 SF 19.5 83 4.3 6478
R-21 SF 21.8 62 2.9 8750
R-23 SF 13.5 71 5.4 5060
R-24 SF 8.0 41 5.4 5240
R-25A SF 4.5 34 7.2 3800
13-7
Page 8, Item: t 3
Meeting Date: 05/?i/On
Neighborhood I Land Use Tentative Map Tentative Target Lot
Area Acreage Map DU' sl Acre Size
Dwelling Min
Units
R-25B SF 4.9 34 6.9 3727
Subtotal 200.3 984 4.9 --
Villaoe Two - Multi-Familv
R-5 SF 15.7 130 8.3 2885
R-10 MF 3.3 90 20.0 --
R-ll MF 14.5 144 14.5 --
R-12 MF 23.5 295 12.3 --
R-13 MF 10.4 149 14.5 --
R-14 MF 7.8 137 18.0 --
R-16 MF 2.6 74 21.1 --
R-17 SF 13.7 119 13.7 2890
R-26 MF 9.0 75 8.5 --
R-27 MF 7.5 110 12.5 --
R-28 MF 5.6 85 14.4 --
R-29 MF 6.9 152 17.1 --
R-30 MF 10.3 180 17.6 --
Subtotal 130.8 1740 13.3 --
Villaoe Two - Mixed Use
MU-1 MU 1.6 10 6.3 --
MU-2 MU 1.4 12 8.6 --
MU-3 MU 4.4 38 8.6 --
SlI ntotH 1 7.4 60 8.1
TOTAL 338.5 2786 - -
CONCLUSION:
With its strong grid system of streets, extensive use of traffic claiming techniques, emphasis on
pedestrian circulation and facilities, mix of uses in the "Main Street" theme, and variety of
housing types, the Village Two tentative map is consistent with, and implements, the Otay Ranch
GDP (as amended) as well as the Village Two, Three and a Portion of Four SPA Plan policies. ill
addition, the map proposes a 44.6-acre parcel for the community park.
Staff believes that the proposed tentative map for Village Two and a Portion of Four is consistent
with the approved Otay Ranch GDP and the Village Two SPA Plan policies and recommends
approval of the tentative map subject to the Conditions of Approval (see Draft Council
Resolution, Attachment 5).
13-8
Page 9, Item: \3
Meeting Date: 0'5/?1/On
FISCAL IMPACT:
There are no fiscal impacts from the preparation of this report and the processing of this
application, since all costs are covered by the deposit accounts.
ATTACHMENTS:
1. Locator Map
2. SPA Plan Cut and Fill Plan
3. SPA Plan Parks, Recreation, Open Space and Trails Plan
4. Planning Commission Resolution PCS-06-05
'5. City-€mmeil-Res&ll:lti(}R-
6. Tentative Subdivision Map (C.V.T. 06-05)
7. Disclosure Statement
H:\PLANNING\scorrD\V2 CC TM REpORT.DOC
13-9
C HULA VISTA PLANNING AND BUILDING DEPARTMENT
LOCATOR PROJECT PROJECT DESCRIPTION:
C) APPLICANT: The Otay Ranch Company
PROJECT South of Olympic Pkwy and Village 2,3 and 4 (Portion) Tentative Map.
ADDRESS: East of Otay Landfill.
SCALE: No Scale
NORTH
13-10
ATTACHMENT 1
OT A Y RANCH VILLAGES TwO, THREE AND A PORTION OF FOUR
IV. Grading
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Exhibit 37
Cut and Fill Plan
78
2/2006
13-11
ATTACHMENT 2
OT A Y RANCH VILLAGES TwO, THREE AND A PORTION OF FOUR
V. Parks, Recreation, Open Space and Trails Master Plan
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Parks, Recreation, Open Space and Trails Plan
13-12
ATTACHMENT 3;13
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ATTACHMENT 4
RESOLUTION NO. PCS-06-05
RESOLUTION OF THE PLANNING COMl\fiSSION OF THE
CITY OF CHULA VISTA RECOMMENDING THAT THE
CITY COUNCIL APPROVE A TENTATIVE SUBDIVISION
MAP FOR VILLAGE TWO AND A PORTION OF VILLAGE
FOUR OF OTAY RANCH, CHULA VISTA TRACT 06-05.
WHEREAS, the property which is the subject matter of this resolution is identified as
Exhibit "A" attached to City Council Resolution No. and described on Chula Vista Tract
06-05, and is commonly known as Otay Ranch, Village Two and a Portion of Village For
("Property"); and,
WHEREAS, Otay Project L.P. ("Applicant") filed a duly verified application for the
subdivision of the Property in the form of the tentative subdivision map known as "Otay Ranch
Village Two and a Portion of Village Four, Chula Vista Tract 06-05", ("Project"), with the Planning.
and Building Department of the City ofChula Vista on October 13, 2005; and,
WHEREAS, the application requests the approval for the subdivision of approximately
702.5 acres ofland known as "Otay Ranch, Village Two and a Portion of Village Four" located at the
western edge of the Otay Valley Parcel, between the future extension alignment of La Media Road to
the east, Olympic Parkway to the north, Wolf Canyon and the Otay Landfill to the south and the
Sunbow Planning area and the Otay Landfill to the west. The portion of Village Four included in this
application is generally located west of the future extension of La Media Road, south and east ofW olf
Canyon and north of the remaining portions of Village Four.
WHEREAS, the Project is also the subject matter of the Otay Ranch General Development
Plan (GDP), as amended, originally approved by the City Council on October 28, 1993 by Resolution
No. 17298, and as amended on October 16,2001, by Resolution No. ("GDP Resolution")
wherein the City Council, in the environmental evaluation of said GDP, relied in part on the Otay
Ranch General Development Plan, Environmental Impact Report No. 90-01, SCH #9010154
("Program EIR 90-01 "); and, the Village Two, Three and Potion of Four Second-Tier Environmental
Impact Report ("Final EIR 02-02") (SCH#2003091012), the candidate CEQA Findings and
Mitigation Monitoring and Reporting Program; and,
WHEREAS, the City's Environmental Review Coordinator has reviewed the Project and has
determined that the Project would result in a significant impact to the environment; therefore, a
Second- Tier Environmental Impact Report (EIR 02-02) has be prepared; and,
WHEREAS, the Planning Commission set the time and place for a hearing on said
"Tentative Map, Otay Ranch Village Two and a Portion of Village Four, Chula Vista Tract 06-05",
(PCS-06-05) and notice of aid hearing, together with its purpose, was given by its publication in a
newspaper of general circulation in the city and its mailing to property owners within 500 feet of the
exterior boundaries of the Project site at least ten days prior to the hearing; and,
13-13
WHEREAS, the hearing was held at the time and place as advertised, namely 6:00 p.m. May
10, 2006, in the Council Chambers located in the Administration Building, 276 Fourth Avenue,
before the Planning Commission and said hearing was thereafter closed.
NOW, THEREFORE, BE IT RESOLVED THAT, from the facts presented to the
Planning Commission, the Commission has determined that the Otay Ranch Village Two and a
Portion of Four Tentative Subdivision Map (C.V.T. 05-06) is consistent with the CityofChula Vista
General Plan, the Otay Ranch General Development Plan, and all other applicable Plans, and that the
public necessity, convenience, general welfare and good planning practice support the approval.
BE IT FURTHER RESOLVED THAT THE PLANNING COMMISSION recommends
that the City Council adopt a resolution approving Otay Ranch Village Two and a Portion of Village
Four Tentative Map involving 702.5 acres ofland known as "Otay Ranch, Village Two and a Portion
of Village Four" located at the western edge of the Otay Valley Parcel, between the future extension
alignment of La Media Road, Olympic Parkway, Wolf Canyon and the Sunbow Planning Area in
accordance with the [mdings contained in the attached City Council Resolution No. "
and,
And that a copy of this resolution be transmitted to the owners of the property and the City
Council.
PASSED AND APPROVED BY THE PLANNING COMMISSION OF CHULA
VISTA, CALIFORNIA, this 10th day of May, 2006 by the following vote, to-wit:
AYES:
NOES:
ABSENT:
ABSTENTIONS:
Vicki Madrid, Chair
ATTEST:
Diana Vargas, Secretary
H:\PLANNING\SCOTTD\V2 TM PC RESOLUTION.DOC
13-14
Exhibit "B"
Otay Ranch Village Two Tentative Subdivision Map
(CVT 06-05)
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 & Building, the City Engineer, and the Director of General Services (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 and easement holders in order to ensure that the City has a first priority interest and
rights in such land unless otherwise excused by the City. Where fee title is granted or dedicated
to the City, said fee title shall be free and clear of all encumbrances, unless otherwise excused by
the City.
Should conflicting wording or standards occur between these conditions of approval, any conflict
shall be resolved by the City Manager or designee.
GENERAL/PRELIMINARY
1. 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". (Planning)
2. The Applicant shall comply with all requirements and guidelines of the City of Chula Vista
General Plan; the City's Growth Management Ordinance; Chula Vista Landscape Manual;
Chula Vista Design Manual; Otay Ranch General Development Plan, Otay Ranch Resource
Management Plan, Phase 1 and Phase 2; Ranch Wide Affordable Housing Plan; Otay Ranch
Overall Design Plan; Village Two, Three and a Portion of Four Sectional Planning Area
(SPA) and Tentative Maps (TMs) Final Second-Tier Environmental Impact Report (Final
EIR 02-02 ) and associated Mitigation Monitoring and Reporting Program (MMRP); Otay
Ranch Village Two, Three and a Portion of Four Sectional Planning Area (SPA) Plan and
supporting documents including: Public Facilities Finance Plan (PFFP); Parks, Recreation,
Open Space and Trails Plan; SPA Affordable Housing Plan, Air Quality Improvement Plan
(AQIP), Water Conservation Plan (WCP); and the Non-Renewable Energy Conservation
Plan as amended from time to time, 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. (Planning)
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
ATTACHMENT 6
13-1~
P::tO'f' 1 ()(1f\
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. (Planning)
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
Village Two, Three and a Portion of Four SPA, Tentative Maps, and Second Tier EIR (EIR
02-02) and subsequent environmental review for the Project and any or all entitlements and
approvals issued by the City in connection with the Project. (Planning)
5. The Applicant shall comply with all applicable Village Two, Three and a Portion of Four
SPA conditions of approval, as may be amended from time to time. (Planning)
6. Prior to the approval of the first "B" Map for the Project, Applicant shall prepare and submit,
to the satisfaction of, and as deemed necessary by the Director of Planning & Building, an
updated Sectional Planning Area (SPA) Plan, and supporting regulating documents
including, but not limited to text, exhibits, and tables for the Village Two, Three and a
Portion of Four SPA Plan; Planned Community District Regulations; Village Design Plan;
Public Facilities Finance Plan; Affordable Housing Plan Air Quality Improvement Plan;
Water Conservation Plan; Non-Renewable Energy Conservation Plan; Parks, Recreation,
Open Space and Trails Plan; and applicable environmental documents. (Planning)
7. Any and all agreements that the Applicant is required to enter in hereunder shall be in a form
approved by the City Attorney. (Planning)
8. A reserve fund program has been established by Resolution No. 18288 for the funding of the
Fiscal Impact of New Development (FIND) Model for the Otay Ranch Project. The
Applicant shall provide funds to the Reserve Fund as required by the Reserve Fund Program.
Pursuant to the provisions of the Growth Management Ordinance and the Otay Ranch
General Development Plan (GDP), the Applicant shall participate in the funding of 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 in the Project
and is to be completed during the second quarter of the following fiscal year. The annual
report shall adhere to the GDP/SRP, as amended from time-to-time. (Planning)
9. In accordance with mitigation measure of the Final EIR 02-02 and associated MMRP, no
units within the project area shall be constructed which would result in the total number of
units within the Eastern Territories exceeding 8,999 units, prior to the construction of SR-125
between SR-54 and the International Border. Notwithstanding the foregoing, the City may
issue additional building permits if the City Council, in its sole discretion, determines that
each of the following conditions have been met: (1) SR-125 is constructed and open between
SR-54 and Olympic Parkway; and (2) traffic studies, prepared to the satisfaction of the City
Engineer and the City Council, demonstrate that the opening of SR-125 to Olympic Parkway
13-16
Page 2 of36
provides additional capacity to mitigate the project's cumulative significant traffic impacts to
a level below significance without exceeding GMOC traffic threshold standards.
Alternatively, the City may issue building permits if the City Council, in its sole discretion,
has approved an alternative method to implement the City's Growth Management Ordinance,
as may be amended from time to time. (Engineering, Planning)
10. The Applicant shall comply with the terms of the Conveyance Agreement, as may be
amended from time to time, adopted by Resolution No. 18416 by the City Council on
October 22, 1996 ("Conveyance Agreement"), to the satisfaction of the Director of Planning
& Building. (planning)
ENVIRONl\1ENT AL
11. The Applicant shall implement, to the satisfaction of the Director of Planning & Building and
Environmental Review Coordinator, all environmental impact mitigation measures identified
in Final EIR 02-02 (SCH# 2003091012), the candidate CEQA Findings and MMRP for this
Project. (planning)
12. The Applicant shall comply with all applicable requirements of the California Department of
Fish and Game, the California State Water Resources Quality Control Board, the U.S. Fish
and Wildlife Service and the U.S. Army Corps of Engineers. Prior to any activity that may
potentially impact biological resources, such as clearing and grubbing, the Applicant shall
comply with all applicable requirements prescribed in Final EIR 02-02 (SCH# 2003091012)
and MMRP. (Planning)
13. The Applicant shall apply for and receive a take permit/authorization from the U.S. Fish and
Wildlife Service and California Department of Fish and Game, or comply with the approved
City of Chula Vista MSCP Subarea Plan, if applicable to the Project. (Planning)
14. Prior to the approval of each final "B" Map for the Project, the Applicant shall comply with
all requirements and policies of the Otay Ranch Resource Management Plan (RMP)
approved by City Council on October.28, 1993, and the Otay Ranch, Phase 2 Resource
Management Plan (RMP 2) approved by City Council on June 4, 1996, as either may be
amended from time to time by the City. (planning)
15. Prior to the issuance of the first grading permit (including clearing and grubbing) for the
Project, the Applicant shall comply with the requirements of the RMP, Phase Two, Resource
Management Plan to the satisfaction of the Director of Planning & Building. (Planning)
16. Prior to the approval of each final "B" Map for the Project, Applicant shall comply with all
requirements of the Village Two, Three and a Portion of Four SPA Plan Agricultural Plan.
(Planning)
17. The Developer agrees to convey fee title, or upon the consent of the Preserve Owner/
Manager (POM) and any lien holder, an easement restricting use of the land to those
permitted by the Otay Ranch Resource Management Plan (RMP), to the POM upon the
recordation of each Final Map for an amount of land equal to the Final Map's obligation to
convey land to the Preserve. Where an easement is conveyed, the Developer agrees to
13-17
Pap-Po i of in
provide subordination of any prior lien holders in order to ensure that the paM has a first
priority interest in such land. Where consent and subordination cannot be obtained, the
Developer shall convey fee title. Where fee title or an easement is conveyed, access to the
satisfaction of the paM shall also be conveyed. Where an easement is granted, each Final
Map is subject to a condition that fee title shall be granted upon demand by the paM. The
developer further agrees to maintain and manage the offered conveyance property consistent
with Phase 1 and 2 RMP guidelines until such time when the paM has accepted the
conveyance property. (Planning)
18. Prior to approval of any Final "B" Map for the Project with any residential uses, Developer
shall annex the Project area into Improvement Area "A" of the atay Ranch Preserve
Maintenance District (CFD. No. 97-02). (Environmental, Engineering)
19. Prior to approval of the first Final "B" Map for the Project the Developer hereby agrees
to satisfy the preserve conveyance obligation for the non-arterial roads, future reciprocal
. private easements and utility easem~nts included in "Chula Vista Tract No. 06-05 atay
Ranch Village 2 and Potions of Village 4 "A" Map" as said conveyance obligation is set
forth in the atay Ranch Resource Management Plan (RMP) approved by City Council on
October 28, 1993, and the atay Ranch Phase 2 Resource Management Plan (RMP
2) approved by City Council on June 4, 1996, as either document may be amended from time
to time by the City (Engineering, Planning)
SPECIAL CONDITIONS OF APPROVAL
20. Prior to approval of building permit for single-family areas where second floor exterior noise
levels exceed 65 CNEL, an acoustical analysis shall be performed ensuring that interior noise
levels due to exterior sources will be at or below 45 CNEL. (Planning)
21. Prior to approval of design review permits for multi-family areas where first and/or second
floor exterior noise levels exceed 60 CNEL, an acoustical analysis shall be performed
ensuring that interior noise levels due to exterior sources will be below 45 CNEL. (Planning)
22. The following conditions of approval are based upon the project having multiple Final Maps
for the entire subdivision, which shall be referenced hereinafter as "Final 'B' Maps". A Final
"B" Map is defmed as a fmal subdivision or parcel map, filed in accordance with the
Subdivision Map Act and the Chula Vista Municipal Code, which proposes to subdivide land
into individual single or multi-family lots, or contains a subdivision of the multi-family lots
shown on the Tentative Map. The "B" Map shall be in substantial conformance with the
related approved final "A" Map and Tentative Map. Unless otherwise specified, all
conditions and code requirements listed below shall be fully completed to the City
Engineer's satisfaction prior to approval of the first Final 'B' Map. (Engineering)
23. Prior to approval of the first fmal "B" Map for the Project within the Tentative Map, the
developer may submit and obtain the approval of the City of a master Final Map ("A" Map)
over the portion of the tentative map within each area showing "super block" lots
corresponding to the units and phasing or combination of units and phasing thereof. Said
"A" Map shall also show open space lot dedications, the backbone street dedications and
utility easements required to serve the "super block" lots created by this "A" Map. All "super
13-12
Page 40[36
block" lots created by this "A" Map or parcel map shall have access to a dedicated public
street. A lot line adjustment, if utilized in accordance with City standards and procedures,
shall not be considered the fIrst "A" Map. The "A" Map may contain single-family
residential units. (Engineering)
24. The subsequent development of a multi-family lot which does not require the fIling of a "B"
Map shall meet, prior to issuance of a building permit for that lot, all the applicable
conditions of approval of the tentative map, as determined by the City Engineer.
(Engineering)
25. In the event of a fIling of a fInal 'B' Map which requires oversizing of the improvements
necessary to serve other properties within the Project, said Final Map shall be required to
install all necessary improvements to serve the project plus the necessary oversizing of
facilities required to serve such other properties (in accordance with the restrictions of state
law and City ordinances). (Engineering)
26. The Developer shall enter into a Joint Use Agreement with the City of Chula Vista, and City
of San Diego in a form acceptable to the City Attorney for all public facilities crossing City
of San Diego fee title land and/or easements prior to the issuance of the 588th Building
Permit for the Project. Said Agreement shall be approved by the City Engineer as to
content and the City Attorney as to form prior to execution. . The Applicant shall be
responsible for any payment to City of San Diego for any Right-of-Way crossing the City of
San Diego land and easements. (Engineering)
27. Prior to approval of any grading permit the Developer shall provide an executed Joint Use
Agreement for all areas where City right-of-way or City facilities will cross existing fee title
land and/or easements owned by the City of San Diego. Work proposed within another
agency's easement and/or fee title land will require the authorized representative of the
agencies signature on the applicable plans prior to permit issuance (i.e., Landscape and
Irrigation, Grading and or Improvement Plans). (Engineering)
28. Prior to approval of any building permit for Planning Areas MU-l, MU-2, MU-3, C-l, and
IND-l Developer shall obtain a CertifIcate of Compliance or Final Map as approved by the
City of Chula Vista for said lots. A note shall be place on the Final "A" Map for the Project
designating those Planning Areas MU-l (Lot 14), MU-2 (Lot 9), MU-3 (Lot 4), C-l (Lot 5),
and IND-l (Lots 28 & 29) as non-buildable lots until such time as City Engineer approves
the CertifIcate of Compliance or the Final Map. (Engineering, Planning)
DESIGN
29. Any proposed monumentation/signage shall be consistent with the Village Two, Three and a
Portion of Four Village Design Plan and shall be reviewed and approved by the Director of
Planning & Building prior to approval of the applicable Final Map. (Planning)
30. Prior to issuance of the fIrst building permit, Applicant shall submit for review and approval
a sign program to the Director of Planning & Building. Prior to issuance of the fIrst building
permit, Applicant shall post temporary signs on all neighborhoods within the Project
indicating the future land use(s) for said sites with signage consistent with the sign program.
13-19
Page 5 of36
Temporary signs shall be maintained in place until such time as a project is approved for any
such future land use site. (Planning)
31. 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 1,500 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 subject to the requirements of the [applicable] Fire Protection Plan.
Landscape and irrigation plans for private slopes shall be reviewed and approved by the
Director of Planning & Building prior to approval of the corresponding Final Map.
(Planning, General Services)
32. Street parkways shall be no less than 7.5 feet in width for the planting area, except as
approved by the City Engineer and Director of Public Works. The Applicant shall plant trees
within said parkways which have been selected from the list of appropriate tree species
described in the Village Two, Three and a Portion of Four Design Plan, Village Two, Three
and a Portion of Four SPA Plan and Landscape Master Plan and shall be approved by the
Directors of Planning & Building, General Services and Public Works. The Applicant shall
provide root barriers and deep watering irrigation systems for the trees, as approved by the
Director of General Services and the Director of Public Works. (Planning, Engineering,
General Services, Public Works)
33. The Applicant shall install all street trees in accordance with Section 18.28.10 of the Chula
Vista Municipal Code. All street trees shall be planted in parkways, or as otherwise
approved by the City Engineer, and Directors of Planning and Building and General
Services. Prior to the installation of any dry utilities, including but not limited to cable,
telephone, gas or electric lines, Applicant agrees to complete Preliminary Street Tree
Improvement Plans that show the location of all future street trees, which will be subject to
the review and approval of the City Engineer, and the Directors of Planning & Building and
General Services. Prior to any utility installation, wood stakes shall be placed by the
Applicant on site according to the approved Preliminary Street Tree Improvement Plans, and
shall be painted a bright color and labeled as future street tree locations. Applicant further
agrees to provide to the City documentation, acceptable to the City Engineer, and the
Directors of Planning and Building and General Services, that all utility companies have been
given notice that no dry utility line shall be located within five feet of the wood stake in any
direction. Applicant will maintain street tree identification stakes in the locations as shown
on the approved Preliminary Street Tree Improvement Plans until all dry utilities are in place.
A Preliminary Street Tree Improvement Plan shall be submitted for review and subject to the
approval of the Directors of Planning and Building and General Services prior to or
concurrent with the second submittal of Street Improvement Plans within the subdivision.
(Planning, General Services, Engineering, Public Works)
34. Prior to the fIrst Final "B" Map for the Project, Applicant shall submit to and obtain approval
by the City Engineer and the Director of Planning & Building a SPA-wide signage plan.
Such plan shall address trails, cart and off-street bicycle circulation and street crossing. Such
plan shall include sign colors, materials, heights, location and lighting. Applicant shall
13-2P
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install approved signs concurrent with related improvements or upon request by the City
Engineer. (Engineering, Planning)
PUBLIC FACILITIES, UTILITIES, IMPROVEMENTS AND PHASING (Streets, Transit,
Sewer, Water, Drainage, Grading)
35. Developer shall dedicate for public use all the public streets shown on the tentative map
within the subdivision boundary. Prior to the approval of the fIrst "A" Map and those "B"
Maps, which trigger improvements as set forth in the Village Two, Three and a Portion of
Four PFFP, the Applicant shall construct or enter into an agreement to construct and secure
all street improvements as required by the PFFP, as may be amended from time to time. The
Developer shall construct the public improvements and provide security satisfactory to the
City Engineer and City Attorney. (Engineering)
36. Construct a protective fencing system at the inlets and outlets of storm drain structures, as
and when directed by the City Engineer. The fmal fencing design and types of construction
materials shall be subject to approval of the City Engineer. (Engineering)
37. Construct energy dissipaters at all storm drain outlets as required by the City Engineer to
maintain non-erosive flow velocities. (Engineering)
38. Prior to approval of each Final Map for the Project, acquire and then grant to the City all off-
site rights-of-way and easements necessary for the installation of required street
improvements and/or utilities identifIed for the applicable Project, subject to the City's
Subdivision Ordinance and the State Subdivision Map Act. (Engineering)
39. Concurrent with approval of each Final Map for the Project, the Applicant shall submit
Improvement Plans for the applicable neighborhood for review and approval by the City
Engineer, Director of General Services and the Director of Planning & Building. Applicant
shall secure in accordance with Section 18.16.220 of the Municipal Code the construction
and/or construct full street improvements for all on-site and off-site streets as identifIed in the
Otay Ranch Village Two, Three and a Portion of Four SPA PFFP, as may be amended from
time to time 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, traffic signals,
signs, landscaping, irrigation, fencing, fIre hydrants and street light locations, subject to the
approval of the City Engineer.
The amount of the security for required improvements, including landscape and irrigation
plans, shall be 110% times a constniction cost estimate approved by the City Engineer and
the Director of General Services if related plans have been approved by the City, 150% times
the approved cost estimate if related plans are being processed by the City or 200% times the
construction cost estimate approved by the City Engineer and the Director of General
Services if related plans have not been submitted for City review. The landscape and
irrigation (L&I) bond, at a minimum, shall be based on a 90% complete Landscape Master
Plan, to the satisfaction of the Director of General Services. (Engineering, General Services,
Planning)
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40. Upon approval of Final Map for the Project that triggers the Cumulative DUs and or
Access/Frontage, ("Table "A") below, consistent with the Village Two, Three and a Portion
of Four PFFP, as may be amended from time to time, Developer shall construct or enter into
an agreement to design, secure, and construct in accordance with Section 18.16.220 of the
Municipal Code, the required street improvements: (Engineering)
asmg an ummary
Facility Facility Description Trif!f!ers
Heritage Road: between A/Fl, 151 unit in Village 2 west of
A Olympic Parkway and Santa Heritage Road or 1,008 ED Us 2 in
Victoria Village 2 overall
B Heritage Road: between Santa Nfl or 1,276 EDUs 2. in Village 2
Victoria to Santa Lisa overall
C Heritage Road: between Santa Nflor 1,276 EDUs 2 in Village 2
Lisa to Street "]" North overall
D Heritage Road: between Street Nflor 1,276 EDUs 2. in Village 2
"]" North to Street "]" South overall
E Heritage Road: between Street Nflor 1,276 EDUs 2. in Village 2
"J" South to Main Street 3 overall
Main Street: between Heritage NfIor 1,276 EDUs 2 in Village 2
F Road to connect to existing overall
improvements
G Santa Victoria: Olympic Parkway 151 EDU in Village 2 west of
to Heritage Rd. Heritage Road
H Santa Diana & Santa Carolina: A/Fl or 1,008 EDUs 1. in Village 2
between Santa Victoria to State St. overall
I La Media Road: Santa Venetia to 151 EDU in Village 2
Birch Rd.
J State Street: between Santa 151 EDU in Village 2
Victoria to La Media Rd.
K La Media Rd: between Birch Rd A/Flor with Park development
to Park P-4 Entrance (Santa Luna)
Rock Mountain Rd: between East 2090 Residential EDUs in Village 2
L of Heritage Rd and/or Main St
within the SPA boundaries overall
M Santa Victoria: between Santa A/Fl or 1,008 EDUs 2. in Village 2
Carolina to State Street. overall
N Santa Victoria: between Santa 1 s1 EDU in Village 2
Venetia to Santa Diana
0 Santa Victoria: between Heritage AJFl or 1,008 EDUs 2. in Village 2
Road to Santa Carolina overall
Table "A"
Otay Ranch Village 2, and Portion of Village 4 SPA
Ph . PI S
1. AJF: Access or Frontage - Roadways needed for continuity and minimum access: roadway
segment as determined by the City Engineer, is triggered with the first final map which has
frontage on the roadway, or if roadway is required to provide access.
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Page 8 of36
2. In terms of Equivalent Dwelling Units (EDU's) 1,276 residential units represents 1,276
equivalent dwelling units and 106 acres of industrial represents 1,276 EDU's based on SANDAG
rates. Commercial uses are not included in the EDU calculations.
41. Street cross sections shall conform to the cross sections shown on the tentative map, unless
otherwise conditioned or approved herein. 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. (Engineering)
42. Developer shall design and construct a minimum 9-foot wide multipurpose pathway along
both sides of State Street and portions of Santa Victoria Road (from State Street to 900'
south). Developer shall install signage and striping to accommodate bicyclist & pedestrian
within the pathway as required by the City Engineer and Public Works Director.
(Engineering, Public Works)
43. Prior to approval of the First Final "B" Map for the Project Developer shall form a Pedestrian
Bridge DIP program, or, annex to the existing program's "Area Benefit" in order to complete
the financing for the two Pedestrian Bridges (the West Olympic Parkway Pedestrian Over-
crossing connecting Village One and Otay Ranch High School and South La Media Road
Pedestrian Over-crossing connecting Village Six and Village two) and secure the
construction of both Bridges. (Engineering, Planning)
44. Prior to the issuance of a building permit for the 1,276 EDU the developer shall design and
construct Heritage Road between Olympic Parkway and Main Street. The applicant may
construct a 'Temporary Intersection' at Main Street and Heritage Road according to the
following requirements:
a. The intersection geometry shall be approved by the Chula Vista City Engineer.
b. The design of the south leg of the intersection shall be reviewed with representatives of the
Coors Amphitheater to ensure the design adequately accommodates the high volume event
traffic.
c. The intersection construction shall be coordinated with the Coors Amphitheater event
season and the construction phasing will need to be completed to the satisfaction of the City
Engineer.
d. Developer shall submit to the City Engineer, Civil Engineering drawings of the
intersection and concept plan of construction phasing. (Engineering)
45. Prior to approval of the First Final "B" Map that creates any parcel located within the Wolf
Canyon/Salt Creek sewer basin (with the exception of parcel P-4), the Developer shall grant
to the City the necessary right-of-way for construction of full street improvements of the
Heritage Road regional facility within the SPA Plan Boundary. (Engineering)
46. Prior to approval of any Final Map for the Project which triggers the installation of the
related street improvements, Applicant shall enter into an agreement, to the satisfaction of the
City Engineer, to design, construct and secure fully activated traffic signals, including
13-2~
Page 9 orin
interconnect wmng, mast arm, signal heads, and associated equipment underground
improvements, standards and luminaries at the intersections listed below. The applicant shall
fully design the aforementioned traffic signal in conjunction with the improvement plans for
the related streets to the satisfaction of the City Engineer and conform to City Standards.
(Engineering)
INTERSECTIONS
. Heritage Road & Olympic Parkway
. Heritage Road & Santa Victoria Road
. Heritage Road & Santa Liza Street
. Heritage Road & Street "J" North
. Heritage Road & Street "J" South
. Heritage Road & Main Street
. Olympic Parkway & Santa Victoria Road
. Olympic Parkway & Santa V enetia Road
. La Media Road & Santa Venetia Road
. La Media Road & State Street
. La Media Road & Santa Luna Street (Park Entrance)
47. The applicant shall submit and obtain approval by the City Engineer of striping plans for all
promenade, collector or higher classification streets simultaneously with the associated
improvement plans. (Engineering)
48. The Applicant shall comply with the Fire Department's codes and policies for Fire
Prevention, and the requirements/recommendations contained in the approved Fire Protection
Plan, Urban-Wildland Interface Area for Village Two, as may be amended from time to time.
Prior to the approval of the first Final Map, a fire access and water supply plan prepared by a
licensed engineering firm, which has been determined to be qualified in the sole discretion of
the Fire Marshal, shall be submitted to for approval by the City Of Chula Vista Fire
Department. A signed and dated Chula Vista Fire Department Access and Water Supply
agreement shall accompany the above-mentioned submittal. The plan shall detail how and
when the Applicant shall provide the following items either prior to the issuance of building
permit(s) for the Project, or prior to delivery of combustible materials on any construction
site on the Project, whichever occurs earlier:
a. Water supply consisting of fire hydrants as approved and indicated by the Fire
Department during plan check to the satisfaction of the Fire Department. Any temporary
water supply source is subject to prior approval by the Fire Marshal.
b. Emergency vehicle access consisting of a minimum first layer of hard asphalt surface or
concrete surface, with a minimum standard width of20 feet.
c. Street signs installed to the satisfaction of the City Engineer. Temporary street signs
shall be subject to the approval of the City Engineer and Fire Department. Locations and
identification of temporary street signs shall be subject to review and approval by the
City Engineer and Fire Department. (Fire, Planning, Engineering)
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49. Depending on the location of improvements such as cul-de-sacs, alleys, driveways or when
special circumstances exist in a subdivision design, as determined by the Fire Marshal, the
Applicant shall install additional fIre hydrants upon request and to the satisfaction of the Fire
Department. (Fire, Planning, Engineering)
50. Construct a temporary turnaround or street improvements, upon the request of and as
determined necessary by the City Engineer and Fire Marshal, at the end of temporarily
stubbed streets greater than 150 feet in length (as measured from the nearest street centerline
intersection). (Engineering, Fire)
51. Design all vertical and horizontal curves and intersection sight distances to conform to the
CalTrans Highway Design Manual. ,All streets, which intersect other streets at or near
horizontal or vertical curves must meet intersection design sight distance requirements in
accordance with City standards. Sight distance easements shall be granted as necessary to
comply with the requirements in the CalTrans Highway Design Manual and City of Chula
Vista policies, where a conflict exists, the City of Chula Vista policies shall prevail. Lighted
SAG vertical curves may be permitted, with the approval of the City Engineer, at
intersections per American Association of State Highway and Transportation Officials
(AASHTO) standards. (Engineering)
52. Prior to approval of each Final Map for the Project, the Engineer-of-Work shall submit and
obtain approval by the City Engineer a waiver request for all subdivision design items not
specifically waived on the Tentative Map, and not conforming to adopted City standards. The
Engineer-of-work request shall outline the requested subdivision design deviations from
adopted City standards and state that in his/her professional opinion, no safety issues will be
compromised. The waiver is subject to approval by the City Engineer in the City Engineer's
sole discretion. (Engineering)
53. Applicant shall enter into an agreement with the City, prior to the approval of the fIrst Map
for the Project whereby the developer agrees to the following:
a. Fund and install Chula Vista transit stop facilities within the tentative map boundary
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 Two,
Three and a Portion of Four Design Plan and Village Two, Three and a Portion of Four
PFFP and as approved by the Directors of Planning & Building and Public Works.
b. Not protest the formation of any future regional benefit assessment district to [mance the
MTDB San Diego Trolley, BRT System or other transit system. (Public Works)
54. The developer shall construct sidewalks and construct pedestrian ramps on all walkways to
meet applicable "Americans with Disabilities Act" standards and as approved by the City
Engineer. In the event the Federal Government adopts ADA standards for street rights-of-
way, which are in conflict with the standards and approvals contained herein, all such
approvals conflicting with those standards shall be updated to reflect those standards. Unless
otherwise required by federal law, City ADA standards may be considered vested, as
determined by Federal regulations, after construction has commenced. (Engineering)
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PaQe 1 i of 311
55. The Applicant shall not install privately owned water, reclaimed water, or other utilities
crossing any public street. The installation of sleeves for future construction of privately
owned facilities may be allowed subject to the review and approval of the City Engineer 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; and,
11. Maintain membership in an advance notice such as the USA Dig Alert Service;
and,
111. Mark out any private facilities owned by the developer whenever work is
performed in the area; and,
IV. The terms of this agreement shall be binding upon the successors and assigns of
the developer.
b. Shutoff devices as determined by the City Engineer are provided at those locations where
private facilities traverse public streets. (Engineering)
56. Prior to issuance of any grading permit based on plans proposing the creation of down slopes
adjacent to public or private streets, Applicant shall obtain the City Engineer's approval of a
study to determine the necessity of providing guardrail improvements at those locations.
Applicant shall construct and secure any required guardrail improvements in conjunction
with the associated construction permit as determined by and to the satisfaction of the City
Engineer. The guardrail shall be installed per CalTrans Traffic Manual and Roadside Design
Guide requirements and American Association of State Highway and Transportation
Officials (AASHTO) standards to the satisfaction of the City Engineer. (Engineering)
57. Prior to approval of improvement plans that include roundabouts, Developer shall
demonstrate compliance with stopping sight distance standards as determined by the City
Engineer and Director of Planning & Building. (Engineering, Planning)
58. Prior to the acceptance of Public Improvements by the City Engineer & Public Works
Director, Developer shall have in place 5(five) Horizontal control points, and 21 (twenty-one)
Vertical control points set pursuant to Sections 2-302.1(8) and 2-302.3(1) of the City of
Chula Vista Subdivision Manual, and Chapter 18.16.180 of the Chula Vista Municipal code.
Applicant shall also cause to be filed with the County of San Diego, a Record of Survey;
required pursuant to Section 8762 of the Professional Land Surveyors Act. (Engineering,
Public Works)
59. Left and right turn storage lengths shall be provided as recommended in the Linscott, Law
and Greenspan Traffic Study for Village Two, Three and a Portion of Four, dated November
2005, or as required by the City Engineer. (Engineering)
60. Prior to the approval of the First Final Map for the Project, Developer shall provide a cash
deposit in the amount of $60,000.00 for the installation of six permanent traffic count stations
as listed below: (Engineering)
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PaQe 11"of36
2 count stations on Olympic Pkwy between Santa Venetia and Project Westerly
Boundary
2 count stations along Heritage Road between Olympic Pkwy and Project's Southerly
boundary .
2 count stations along La Media Road between Santa Venetia Road and Santa Luna Road
GRADING AND DRAINAGE
61. The Applicant shall provide drainage improvements in accordance with the Master Drainage
Study for Otay Ranch Village Two, Three and a Portion of Four, dated February 16, 2005,
and the Preliminary Water Quality Technical Report for Otay Ranch Village Two, Three and
a Portion of Four, dated October 28, 2005 or a subsequent Hydrology Study, as may be
required, submitted to and approved by the City Engineer. The Applicant shall maintain all
such drainage improvements until said improvements are formally accepted by the City or
included as part of an applicable maintenance district, or other mechanism as approved by
the City. Said maintenance shall ensure that drainage facilities will continue to operate as
designed. (Engineering)
62. Prior to approval of any grading permit or any other grant of approval for constructing the
proposed extended detention and water quality basins, whichever occurs earlier, the
Applicant shall demonstrate that the design of the proposed extended detention and water
quality basins will reduce the 2-, 10-, 25-, 50 and 100-year post-development peak flows, to
any natural drainage course to an amount not exceeding pre-development conditions, to the
satisfaction of the City Engineer (Engineering)
63. Storm drain systems that collect water from private property shall be designated private on
grading and drainage and/or improvement plans to the point of connection with a public
system or to the point at which storm water that is collected from public street right-of-way,
public park or open space areas is fIrst introduced into the system. Downstream from that
point, the storm drain system shall be public. An encroachment permit shall be processed
and approved by the City Engineer for private storm drains within the public right-of-way or
within CFD maintained Open Space lots. (Engineering)
64. The applicant shall submit grading and drainage and/or improvement plans, as applicable,
hydrologic and hydraulic studies and calculations, including dry lane calculations for all
public streets. Calculations shall also be provided to demonstrate the adequacy of
downstream drainage structures, pipes and inlets. (Engineering)
65. Prior to the issuance of any grading permit which impacts off-site property, the Applicant
shall deliver to the City, a notarized letter of permission to grade and drain for all off-site
grading. (Engineering)
66. Prior to acceptance of the maintenance responsibilities of proposed detention basins,
Developer shall obtain permits for fIve years duration from all required regulatory agencies.
(Engineering, Public Works)
13-?7
P:::luP. 1 T nf1fl
67. Storm drain design shall conform to the requirements of the Subdivision Manual and the
Grading Ordinance as may be amended from time to time. (Engineering)
68. Provide improved all-weather access with H-20 loading, based on a minimum traffic index
(TI) of 5, to all public storm drain clean-outs, inlets, outlets and basins or as otherwise
approved by the City Engineer and Public Works Director. (Engineering, Public Works)
69. All City maintenance access roads shall be 12' min. width and designed for H-20 (min. TI of
5) loading. Provide a minimum of 6-inch thick PCC (reinforced with #4 BAR at 18" on
center each way) and heavy broom finish for any access road with grades of 8% or greater.
All other access roads, shall be asphalt concrete designed to carry H-20 loading. In addition,
maintenance pads adjacent to the inlet and outlet structures shall be a minimum of 6-inch
pce (reinforced with #4 bar at 18" on center each way) designed for H-20 loading with a
heavy broom finish. Additional or restricted paving requirements for the above may be
required when determined necessary at the discretion of the Director of Public W orks-
Operations and in conformance with the environmental provisions for the Project.
(Engineering, Public Works)
70. All grading and pad elevations shall be within 2 feet of the grades and elevations shown on
the approved tentative map or as otherwise approved by the City Engineer and Director of
Planning & Building. (Engineering, Planning)
71. Grant on the appropriate [mal fiB" Map a IS-foot minimum drainage and access easement for
public storm drain lines located between residential units unless otherwise directed by the
City Engineer. All other public easements shall meet City standards for required width.
(Engineering)
72. Development of the subdivision shall comply with all applicable regulations established by
the United States Environmental Protection Agency (USEP A) and as set forth in the National
Pollutant Discharge Elimination System (NPDES) Municipal Permit requirements by the San
Diego Regional Water Quality Control Board for urban runoff and storm water discharge and
any regulations adopted by the City of Chula Vista pursuant to said regulations or
requirements in effect at the time the development occurs. Further, the Applicant shall file a
Notice of Intent with the State Water Resources Control Board to obtain coverage under the
NPDES General Permit for Storm Water Discharges Associated with Construction Activity
and shall implement a Storm Water Pollution Prevention Plan (SWPPP) concurrent with the
commencement of grading activities. The SWPPP shall include both construction and post
construction pollution prevention and pollution control measures and shall identify funding
mechanisms for post construction control measures. The Developer, and successors in
interest, shall comply with all the provisions of the NPDES and the Clean Water Program
during and after all phases of the development process, including but not limited to: mass
grading, rough grading, construction of street and landscaping improvements, and
construction of dwelling units. The Applicant shall comply with the City of Chula Vista
Development and Redevelopment Projects Storm Water Management Standards
Requirements Manual (Storm Water Management Standards Manual) and shall design the
Project's storm drains and other drainage facilities to include Best Management Practices
(BMPs) to minimize non-point source pollution, satisfactory to the City Engineer and Public
Works Director. (Engineering, Public Works)
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Page 14"of36
73. Submit to and obtain approval from the City Engineer and Director of Planning & Building
for an erosion and sedimentation control plan as part of grading plans. Engineering,
Planning)
74. Storm drain clean outs shall not be located on slopes or in inaccessible areas for maintenance
equipment. Public storm drains shall be installed as close to perpendicular to the slope
contours as possible but in no case greater than 15 degrees from perpendicular to the
contours. (Engineering)
75. Brow ditches perpendicular to slopes greater than 10 feet in height and steeper than 3:1
gradient shall not be allowed. Drainage shall be collected in an inlet and carried via
underground storm drain to the bottom of the slope or a drain inlet connected to an
underground storm drain. The Applicant shall ensure that brow channels and ditches
emanating from and/or running through City Open Space are not routed through private
property. Brow ditches and channels from private property shall not be routed through City
open space unless approved by the City Engineer. (Engineering)
76. 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.
(Engineering)
77. Locate lot lines at the top of slopes except as shown on the Tentative Map or as approved by
the City Engineer and Director of Planning & Building. Lots shall be so graded as to drain to
the street or an approved drainage system. Drainage shall not be permitted to flow over
slopes or onto adjacent property. (Engineering, Planning)
78. Provide a minimum of 3 feet of flat ground access from the face of any City maintained wall
to the beginning of the slope rounding for wall maintenance, unless otherwise approved by
the City Engineer. (Engineering)
79. Provide a setback, as determined by the City Engineer and based on Applicant's Soils
Engineer recommendations, 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 will not approve the creation of any lot that
does not meet the required setback. (Engineering)
80. Construct temporary de-silting basins to the satisfaction of the City Engineer. The exact
design and location of such facilities shall be based on hydrological modeling. (Engineering)
81. Developer shall submit a drainage study to the satisfaction of the City Engineer with. each
grading permit application showing that any interim conditions do not adversely impact
downstream flows. (Engineering)
82. Prior to issuance of grading permits, Applicant shall demonstrate that the grading plans are in
substantial compliance with the grading concepts outlined in the Village Two, Three and a
Portion of Four SPA Plan consistent with the landform grading policies described in the
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Page 15 of 3fi
City's General Plan. Said grading concepts shall ensure that manufactured slopes are
contoured to blend with and reflect adjacent slopes. (Engineering, Planning)
83. Prior to the approval of the first Final Map for the Project, or issuance of the fIrst grading
permit for the Project, whichever occurs earlier, Applicant shall enter into an agreement with
the City of Chula Vista, wherein the Applicant agrees to the following:
a. Comply with the requirements of the Storm Water Management Standards Manual
including revision of approved grading and or improvement plans as necessary
b. Indemnify, and hold harmless the City, its elected and appointed officers and employees,
from and against all fmes, costs, and expenses and damages arising out of non-
compliance with the requirements of the NPDES regulations, in connection with the
execution of any construction and/or grading work for the Project, whether the non-
compliance results from any action by the Applicant, any agent or employee,
subcontractors, or others. The Applicant's indemnifIcation shall include any and all
costs, expenses, attorney's fees and liability incurred by the City.
c. To not protest the formation of a facilities benefIt district or any other funding
mechanism approved by the City to fmance the operation, maintenance, inspection, and
monitoring of NPDES facilities. This agreement to not protest shall not be deemed a
waiver of the right to challenge the amount of any assessment, which may be imposed
due to the addition of these improvements and shall not interfere with the right of any
person to vote in a secret ballot election.
Such Applicant obligation may be assigned to a Master Homeowner's Association or other
appropriate Maintenance District subject to the approval of the City Engineer. (Engineering,
Public Works)
84. Post-construction Best Management Practices, including site design, source control, and
treatment control, shall be implemented and maintained into perpetuity in accordance with a
City approved Water Quality Technical Report. The responsible party and funding
mechanism for the maintenance of post-construction BMPs shall be identifIed in an
agreement between the City and the Developer. The Developer or subsequent owners shall
maintain records of inspections and maintenance of all post-construction Best Management
Practices and make such records available for review by the City's Storm Water Compliance
Inspectors. (Public Works)
SEWER
85. Sewer access points shall, unless otherwise approved by the City Engineer and the Director
of Public Works:
a. Be located at the centerline of streets or cul-de-sacs; and,
b. Not be located on slopes or in inaccessible areas of maintenance equipment; and,
c. Not be in the wheel tracks on Promenade Streets and higher street classifIcations; and,
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Page 160f36
d. Meet Regional Standard Drawing M-4 (Locking) if located within intersections of Class I
Collectors and above; and,
e. Have improved all-weather paved 12-foot wide minimum access to withstand a H-20
vehicle load as approved by the Director of Public Works; and,
f. Be provided at all changes of alignment of grade. (Engineering)
86. Prior to approval of the fIrst Final "B" that creates any parcel located within the Wolf
Canyon/Salt Creek sewer basin (with the exception of parcel P-4), Developer shall design
and construct the gravity sewer system to convey flow from the southern portion of Village
Two to Heritage Road and southerly to the Salt Creek Interceptor.
87. Prior to approval of the fIrst Final Map or any other grant of approval for any improvement
proposing to pump the Village Four Park site (P-1) sewage flows to Poggi Canyon sewer
trunk, Developer shall accomplish the following:
a. Comply with all the requirements of Council Policy No. 570-03 (Sewage Pump Station
Financing Policy).
b. Enter into an agreement to construct and secure the construction, in accordance with
Section 18.16.220 of the Municipal Code, of those improvements required to
accomplishing the following:
1. Construction of pump station improvements and associated facilities necessary to
pump sewage flows to the Poggi Canyon sewer trunk.
ii. Removal, or other acceptable method of abandonment, of any existing, new, and/or
modifIed pump stations, force mains, and associated improvements, to the satisfaction
of the City Engineer, upon completion of the Rock Mountain Road Sewer Line.
iii. Connection of the Project by gravity to the Rock Mountain Road Sewer Line, to the
satisfaction of the City Engineer, upon completion of the Rock Mountain Road Sewer
Line.
c. Provide and stub out sewer lateral for future connection to Rock Mountain Road Sewer
Line, as determined by the City Engineer. (Engineering)
88. The Village Two sewer improvements shall be consistent with the Village Two, Three and a
Portion of Four Conceptual Sewer Study, dated January 2006 or a subsequent Sewer Study
submitted to and approved by the City Engineer. (Engineering)
89. Sewers serving 10 or less equivalent dwelling units shall have a minimum grade of 1%
and/or a velocity of2 feet per second, or as approved by the City Engineer. Sewer lines shall
be installed as close to perpendicular to the slope contours as possible but in no case greater
than 15 degrees from perpendicular to the contours. (Engineering)
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Page 17 of'io
90. Grant on the appropriate Final Map a 20-foot minimum sewer and access easement for sewer
lines located between residential units unless otherwise directed by the City Engineer. All
other easements shall meet City standards for required width. (Engineering)
PARKS AND OPEN SPACE
91. The Applicant shall provide an Irrevocable Offer of Dedication (lOD) to the City on the fIrst
"A" Map for Neighborhood Park P-2 (7.1 net useable-acres), Neighborhood Park P-3 (6.9 net
useable-acres), and Community Park P-4 (42.0 net useab1e-acres). The park net acreage and
park Parkland Dedication Ordinance (PDO) credit to be received by the applicant is based
on net usable park acreage as determined by the Directors of General Services and
Recreation (General Services, Recreation).
92. Prior to the issuance of the 588th building permit for any dwelling unit the Applicant shall
provide documentation to the City, that assigns irrevocable free and clear use and access for
park and recreation purposes over and upon all easements and fee owned parcels that traverse
any public park site, to the satisfaction of the Directors of Recreation, General Services, and
Engineering. Said documentation shall be approved by the Directors of Recreation, General
Services and Engineering as to content and approved by the City Attorney as to form prior to
execution of said document and prior to the 588th building permit for any dwelling unit. No
park credit will be given for easements located in park. (General Services, Recreation,
Engineering).
93. Prior to issuance of any building permit with the MU-l site or the R-28 site the applicant
shall commence construction of the Town Square lot P-1 (1.2 net useab1e acres) to the
satisfaction of the Director of General Services. Applicant shall complete construction of the
Town Square within nine months of commencement of construction. The term "complete
construction" shall mean park construction has been completed according to the City
approved construction plans as determined by the Director of General Services. (General
Services)
94. Prior to approval of the fIrst Final "B" map for the project, the Applicant shall deposit funds
into a City of Chu1a Vista Finance Department account, in an amount determined by the
Director of General Services, for use by the City for the preparation of site-specifIc park
master plans and related construction documents for the community park site (P-4) and the
two neighborhood park sites (P-2 and P-3). Said funds will be credited towards the
Applicant's total PAD Fee obligation for the project. (General Services)
95. Prior to approval of each Final "B" Map, or prior to issuance of buIlding permits for
residential units not requiring the fIling of a Final "B" Map, the Applicant shall pay all
applicable parkland acquisition and development fees (PAD Fees) to the City in accordance
with CVMC Chapter 17.10. (General Services)
96. Applicant shall rough grade, provide all weather access to, and install underground utilities to
the property line of the Project park sites (P-l, P-2, P-3, and P-4) to the satisfaction of the
Directors of General Services, Engineering, and Recreation and the Fire Marshal concurrent
with the installation of project backbone streets for any portion of the project adjacent to the
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park sites or upon request of the Director of General Services, whichever occurs earlier.
(General Services, Engineering, Recreation)
97. The Developer shall submit to City for review by General Services Department, as-graded
topographic surveys capable of demonstrating that grading of Park sites P-2, P-3, and all
parcels ofP-4 are in compliance with approved rough grading plans for the sites. Said survey
shall be prepared at Developers' own expense and shall not be credited toward Developer
P AD Fee obligation. The topographic survey shall be submitted at the request of the Director
of General Services. Any grading permit security held for the project shall not be released
until the respective Parks' net usable areas have been verified and approved by the Director
of General Services. If the survey indicates that the site fails to conform to the approved
grading plans, and to the City Of Chula Vista Grading Ordinance for any of the park sites,
then the Developer shall bring the site into conformance and incur the expenses associated
with re-grading the sites as needed. Expenses incurred by the Developer to perform any
corrective re-grading of the sites shall not be credited toward the Developer PAD Fee
obligation. Site re-grading shall be completed with 60-days of notification of non-
compliance. (General Services, Engineering)
98. Prior to approval of the first Final "A" Map for the Project, the Applicant shall comply with
the provisions of the City of Chula Vista Parks and Recreation Master Plan as adopted, as
may be amended from time to time, and as it affects facility and other related requirements
for the Project's parks. (General Services)
99. Prior to the First B Map, the applicant shall enter into a community park parkland
reimbursement agreement with the City for the purpose of addressing community park
acreage within the project in excess of parkland obligation related to the Project.
100. Prior to the First B Map for the Project, the Applicant shall enter into an agreement with the
City to provide necessary funds, for the preparation of additional site-specific park master
plans and related construction documents in the event the community park's site is
constrained by the waterline fee title parcel and or waterline easement as determined by the
Director of General Services. Said funds shall include and not be limited to design, project
management, staff time and overhead, above and beyond the funds related to applicant's
parkland development fee obligation, for the design of the community park. Said agreement
shall be in a form approved by the City Attorney. Prior to the first B Map, the Applicant
shall provide a surety bond, or other form of security in an amount as determined by the
Director of General Services, to guarantee said additional funds.
101. Prior to the approval of the first Final "A" Map for the Project, Applicant shall have
prepared, submitted to and received approval from the Director of General Services of a
comprehensive Landscape Master Plan (LMP) for the Project. Such approval shall be
indicated by means of the Director of Planning & Building, or designee's signature and date
on said Plan. The contents of the LMP shall conform to the City staff checklist and include
the following major components:
a. Maintenance Responsibility Plan (delineates private and public property and indicates the
maintenance responsibility for each);
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b. Master Irrigation Plan (includes mainline and point of connection locations);
c. Master Planting Plan (includes landscape concept statement);
d. Brush Management Plan (identifies brush management zones and treatment, if any);
e. Hardscape Concept and Trail Plan (identifies types and finishes of paving);
f. Utility Coordination Plan (includes locations of major utility boxes and vaults);
g. Conceptual Wall and Fence Plan (includes the previously approved noise barrier plan);
and
h. Monumentation and Signage Plan (includes enlargements of entry monument locations
and signage concepts)
102. Within 90 days of approval of the applicable Final "B" Map, Developer shall enter into a
Grant of Easements and Maintenance Agreement as necessary for landscaping and
improvements maintained by a Homeowners Association within City right-of-way or such
other public areas required by the City. (Engineering, Public Works, General Services)
103. Prior to the issuance of each grading permit for the Project, the Applicant shall prepare,
submit, and secure to the satisfaction of the Director of Planning & Building all landscape
and irrigation slope erosion control plans. All plans shall be prepared in accordance with the
current Chula Vista Landscape Manual and Grading Ordinance, as may be amended from
time to time. Applicant shall install landscape and irrigation slope erosion control in
accordance with approved plans no later than six months from the date of issuance of the
grading permit. If the work cannot be completed within the specified time, the Applicant
may request an extension, which may be granted at the discretion of the Director of Planning
& Building. Such a request shall be submitted for approval in writing to the Planning &
Building Department sufficiently in advance of the end of the six-month timeframe to allow
processing of the extension. Notwithstanding the time of installation of landscape, and
irrigation slope erosion control, Applicant shall remain in compliance with NPDES.
(Planning, General Services)
104. Prior to the approval of any Final "B" Map for the Project, the Applicant shall obtain
approval of a Wall and Fence Plan from the Director of Planning & Building. The Wall and
Fence Plan shall be in conformance with the Village Two, Three and Portion of Four SPA
plan and shall identify location of walls, constructions materials and color, and wall and
fence types. The plan shall also identify location and type of trial signage proposed
throughout the development. Final wall design, location and construction details, including
fencing and signage, shall be shown on the Wall and Fence Plans and shall be subject to
approval by the Director of Planning & Building. (Planning)
105. The conceptual Wall and Fence Plan for the Project shall be included in the Project's
Landscape Master Plan and shall indicate color, materials, height and location. Materials and
color used shall be compatible and all walls located in comer side-yards or rear yards facing
public or private streets or pedestrian connections shall be constructed of a decorative
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masonry and/or wrought iron material. View fencing shall be provided at the ends of all
other open cul-de-sacs where a sound wall is not required. All walls shall be constructed
pursuant to Final EIR 02-02 and the Village Two, Three and a Portion of Four SPA Plan.
Upon request of the Director of General Services, Applicant shall update the Project's
Landscape Master Plan to conform to any substantial changes made subsequent to the initial
approval of the plan (Planning, General Services)
106. Prior to the issuance of each Street Construction permit for the Project, the Applicant shall
prepare and secure, to the satisfaction of the City Engineer and the Director of General
Services, street improvement Landscape and Irrigation Improvement Plans. All plans shall be
prepared in accordance with the current Chula Vista Landscape Manual and the Village Two,
Three and a Portion of Four SPA Plan, as may be amended from time to time. Applicant
shall install all improvements in accordance with approved plans to the satisfaction of the
Director of General Services and the City Engineer. (General Services, Engineering)
TRAILS
107. All trails shall be bonded/secured prior to the approval of the rough grading plans, and
constructed to connect to adjoining existing and/or proposed trails in neighboring
development projects, as determined by the Directors of Planning & Building and General
Services. (Planning, General Services)
108. Prior to the approval of any Final "B" Map with private open space lots for the Project, the
Applicant shall provide a trail easement to the City, in a form approved by the City Attorney,
for all trail alignments. (General Services)
1 09. The Applicant shall, concurrent with the construction of the La Media Road improvements,
construct a "Regional Trail" along the west side of the street from Olympic Parkway to the
projects southern boundary as depicted on the Parks, Trails and Open Space Plan in the
Village Two, Three and a Portion of Four SPA Plan, and shall be designed to incorporate the
Project's Landscape Master Plan as approved by the City and as may be amended from time
to time. (General Services)
110. Applicant shall keep any necessary retaining walls to a minimum and/or if a grading solution
can be found, retaining walls will not be used to gain additional space for the street corridor
unless approved as shown on the Tentative Map. The retaining walls are to be located and
detailed on all applicable grading plans for the Project, and subject to the approval of the
Directors of Planning & Building, Public Works and General Services. Slope gradients may
be increased to the maximum permitted in the grading ordinance in limited locations to
accommodate constraints such as maintenance access ways. Landform grading policies shall
be observed and followed. If a combination of low retaining walls and modified landform
grading cannot accommodate any constraints or maintenance access areas, the top of slope
shall be adjusted, as approved by the City Engineer. (General Services)
111. Neighborhood connector trails located within the Project shall provide a minimum 6-foot
wide decomposed granite (DG) where the grade is 2% or less or cement treated base (CTB)
trail bed where the grade is greater than 2%, or as approved by the Director of General
Services. Where down slopes (exceeding 4:1) occur adjacent to the trail, an additional4-foot
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graded shoulder shall be provided with split-rail fencing centered in the shoulder. Where up
slopes occur adjacent to the trail a 2-foot shoulder (with a 2% maximum cross-slope) shall be
provided. Shoulders shall be planted and irrigated in accordance with the most current
edition of the Chula Vista Landscape Manual, as amended from time to time. All trail
construction materials shall be subject to the approval of the Director of General Services.
(General Services, Public Works)
112. Applicant shall obtain the approval of the Director of Planning & Building for appropriate
signage indicating location of trail connectioI}s, handicap access, and bikeway locations to
the Regional Trail, Village Pathway, and Chula Vista Greenbelt. Said signage shall be
included on the Wall and Fence Plan. Signage shall be installed upon the request of the
Director of Planning & Building. (Planning)
113. Applicant agrees to comply with the current Regulatory Negotiation Committee
Recommendations for Accessibility Guidelines: Outdoor Developed Areas Final Report, as
may be amended from time to time, developed for: U.S. Architectural and Transportation
Barriers Compliance Board when designing all trails and trail connections. (General
Services)
OPEN SP ACE/ASSESS:MENTS
114. Developer shall request the formation of a Community Facility District for Maintenance
(CFD) or similar funding mechanism prior to approval of the first Final Map for the Project.
Developer shall submit an application packet for formation of said Maintenance District, and
submit the request to the City Council for consideration. The Maintenance CFD shall be
formed prior to approval of the First Final "B" Map for the Project. If Council does not
approve the Maintenance CFD formation, another financing mechanism such as a Master
Homeowners Association, or an endowment shall be established and submitted to the City
Council for consideration prior to approval of the First Final "B" Map for the Project.
Subject to the approval of the Director of Public Works and City Engineer, Developer shall
submit a list of amenities, acreage and costs for all Open Space lots including but not limited
to the cost of any detention basin maintenance and structural storm water quality BMP's
within the Project. Developer shall maintain the open space improvements for a minimum
period of one year or until such time as accepted into the open space district by the Director
of Public Works. Along with submission of the application package for formation of the
CFD, Developer shall submit an initial cash deposit in an amount to be determined by the
City Engineer to begin the process of formation of the Open Space District. All costs of
formation and other costs associated with the processing of the open space rel~ting to this
Project shall be borne by the Developer. The Developer shall provide all the necessary
information and materials (e.g., tables, diagrams, etc.) required by the City Engineer for
processing the formation of the proposed open space district. (Public Works, Engineering)
115. Prior to the approval of any Final Map with residential uses, the developer shall:
a. Submit evidence, acceptable to the City Engineer and the Director of Planning &
Building of the formation of a Master Homeowner's Association (MHOA) for the
Project. The MHOA shall be responsible for the maintenance of those landscaping
improvements that are not to be included in the proposed financial mechanism. The City
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Engineer and the Director of Planning & Building may require that the Maintenance CFD
shall maintain some of those improvements. The fmal determination of which
improvements are to be included in the Open Space District and those to be maintained
by the MHOA shall be made during the Maintenance CFD Proceedings. The MHOA
shall be structured to allow annexation of future tentative map areas in the event the City
Engineer and Director of Planning & Building require such annexation of future tentative
map areas. The MHOA formation documents shall be subject to the approval of the City
Attorney; and,
b. Submit and obtain approval of the City Engineer and the Director of Planning & Building
of a list of all Otay Ranch Village Two, Three and a Portion of Four SPA and MHOA
facilities and other items to be maintained by the proposed district. Separate lists shall be
submitted for the improvements and facilities to be maintained by the Open Space
District and those to be maintained by a Master Homeowner's Association. Include a
description, quantity and cost per year for the perpetual maintenance of said
improvements. These lists shall include but are not limited to the following facilities and
improvements:
1. All facilities located on open space lots to include but not be limited to: walls,
fences, water fountains, lighting structures, paths, trails, access roads, drainage
structures and landscaping. Each open space lot shall also be broken down by the
number of acres of: 1) turf, 2) irrigated, and 3) non-irrigated open space to aid in the
estimation of a maintenance budget thereof.
11. The proportional share of medians and parkways along La Media Road, Olympic
Parkway and all other street parkways proposed for maintenance by the applicable
Community Facilities District or Homeowners' Association.
lll. The detention basin located in Wolf Canyon.
IV. All storm-water quality structural BMP's serving the Project. (Engineering, Public
Works)
116. Developer shall irrevocably offer for dedication in fee interest to the City on all applicable
Final Maps, those open space lots shown on the tentative map to be maintained by an open
space district. (Engineering)
117. Prior to the approval of each Final "B" Map, Declaration or Supplementary Declaration of
Covenants, Conditions, and Restrictions (CC&R's) shall be submitted and subject to the
approval of the City Engineer. The CC&R's shall include the following obligations of the
Master Homeowners Association:
a. A requirement that the MHOA shall maintain comprehensive general liability insurance
against liability incident to ownership or use of the following areas:
1. All open space lots that shall remain private,
ii. Other Master Association property.
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Pa2"e 23 of 30
b. Before any revisions to provisions of the CC&R's that may particularly affect the City
can become effective, said revisions shall be approved by the City. The MHOA shall not
seek approval from the City of said revisions without the prior consent of 100 percent of
the holders of first mortgages or property owners within the MHOA.
c. The MHOA shall defend, indemnify and hold harmless the City and its agents, officers
and employee from any claims, demands, causes of action liability or loss related to or
arising from the maintenance activities of the MHOA.
d. The MHOA shall not seek to be released by the City from the maintenance obligations
described herein without the prior consent of the City and 100 percent of the holders of
first mortgages or property owners within the MHOA.
e. The MHOA is required to procure and maintain a policy of comprehensive general
liability insurance written on a per occurrence basis in an amount not less than one
million dollars combined single limit. The policy shall be acceptable to the City and
name the City as additionally insured to the satisfaction of the City Attorney.
f. The CC&R's' shall incorporate restrictions for each lot adjoining open space lots
containing walls maintained by the open space district to ensure that the property owners
know that the walls may not be modified or supplemented nor may they encroach on City
property .
g. The CC&R's shall include provisions assuring maintenance of all streets, driveways,
drainage and sewage systems which are private.
h. The CC&R's shall include provisions assuring MHOA membership in an advance notice
such as the USA Dig Alert Service in perpetuity.
1. The CC&R's shall include provisions that provide the City has the right but not the
obligation to enforce the CC&R provisions the same as any owner in the Project.
J. The CC&R provisions setting forth restrictions in these Tentative Map conditions may
not be revised at any time without prior written permission of the City.
k. The MHOA shall not dedicate or convey for public streets, land used for private streets
without approval of 100% of all the HOA members or holder of first mortgages within
theMHOA.
1. The CC&R's shall prohibit "speed bumps" on private streets. . (Engineering, Fire,
Planning)
118. Future property owners shall be notified during escrow, by a document to be initialed by the
owners, of the maintenance responsibilities of the MHOA and their estimated annual cost.
Developer shall submit the document and obtain the approval of the City Engineer and
Director of Planning & Building prior to distribution through escrow, which approval shall
not be unreasonably withheld. (Engineering, Planning)
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Page 24" of 36
119. The Community Purpose Facility (CPF) lots shall be maintained by a maintenance entity as
determined by the Director of Planning & Building based on City Council policy. The
facilities in the CPF lots being maintained by the maintenance entity shall include, but are not
limited to: pavements, sidewalks, street lights including power supply, private drainage
facilities and landscaping of private common areas. The CPF Lot, Common Usable Open
Space area as described in the Chula Vista Design Manual, shall be landscaped, graded and
contains amenities to the satisfaction of the Director Planning & Building. Construction shall
be completed prior to the issuance of the fmal building permit. (Planning, General Services)
120. Developer shall 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 shall be shown on the wall and fence plan as approved
by the City Engineer and the Director of Planning & Building. (Engineering, Planning)
121. Developer shall ensure that all buyers of individual lots adjoining open space lots, containing
walls maintained by the open space district, shall sign a statement, when purchasing their
homes, stipulating that they are aware that the walls are on City or HOA property and that
they shall not modify or supplement the wall or encroach onto the City or HOA property.
These restrictions shall also be incorporated in the CC&R's for all lots. (Engineering)
122. Prior to approval of each Final Map, developer shall provide proof to the satisfaction of the
City Engineer and Director of Public Works that all improvements located on open space lots
are incorporated into and maintained by a Home Owner's Association or an Open Space
District. (Engineering, Public Works)
123. The developer agrees to not protest formation or inclusion in a maintenance district or zone
for the maintenance of landscaped medians and scenic corridors along streets within or
adjacent to the subject subdivision. (Engineering)
124. Street parkways within the Project shall be maintained by an entity such as a Master Home
Owner's Association (MHOA) or a Community Facilities District (CFD); private
homeowners shall not maintain the parkways. Street parkways shall be designated as
recycled water use areas, if approved by the Otay Water District and San Diego County
Health. (Engineering, General Services, Public Works)
125. Prior to issuance of any grading permit which includes permanent Landscaping and Irrigation
(L&I) improvements to be installed in an open space lot to be maintained by the Community
Facility District (CFD), the developer shall place a cash deposit, or other funding mechanism
acceptable to the City, in the City's sole discretion, with the City which will guarantee the
maintenance of the L&I improvements until the City accepts said improvements. In the
event the improvements are not maintained to City standards as determined by the City
Engineer and the Director General Services, the deposit shall be used to perform the
maintenance. The amount of the deposit shall be equivalent to the estimated cost of
maintaining the open space lots to City standards for a period of six months, ("Minimum
Deposit Amount"), as determined by the City Engineer. Any unused portion of said deposit
may be incorporated into the CFD's Reserve Account, or returned to the Developer,
according to the following:
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Page 25 of36
a. If, six months prior to the scheduled date of acceptance of Landscape and Irrigation
improvements for maintenance by the CFD, the Reserve Account is less than the
Minimum Deposit Amount, the difference between these two amounts shall be
incorporated into the Reserve Account, or;
b. If the Reserve Account is at or above the Minimum Deposit Amount, the unused portion
of the deposit may be returned to the Developer in 6 equal monthly increments over the
last six months of the maintenance period if the maintenance is being accomplished to the
satisfaction of the Director of General Services. (Engineering, General Services, Public
Works)
SCHOOL
126. Prior to approval of the first Final "B" Map for the Project, Developer shall provide
documentation to the City confirming satisfaction of Sweetwater Union High School District
(SUHSD) and Chula Vista Elementary School District (CVESD) facility funding
requirements to offset student generation impacts. Funding shall be satisfied through the
Mello-Roos Community Facilities District financing method or other means acceptable to
each District. In addition, no Final Map shall be approved unless and until a school facility
financing mechanism is in place to the satisfaction of the SUHSD and the CVESD.
(Engineering)
127. Prior to approval of the Final map, which includes a school site for the Project, Developer
shall agree to construct and secure, and thereafter construct and secure, to the satisfaction of
the City Engineer, the following improvements:
a. All necessary improvements for providing ingress and egress to each school site. This
requirement shall also include but is not limited to any required modification to medians,
storm drainage system, street lights, and irrigation improvements; and,
b. If warranted and upon the request of the City Engineer, traffic signal improvements for
providing vehicular ingress and egress to the school site. (Engineering)
WATER
128. Prior to City acceptance of any open space lots, the Developer shall demonstrate to the
satisfaction of the City Engineer, 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
parce1(s). (Engineering)
129. Prior to approval of each Final "B" Map, present verification to the City Engineer in the form
of a letter from Otay Water District that the subdivision will be provided adequate water
service and long-term water storage facilities. (Engineering, Planning)
130. Prior to approval of each Final "B" Map, the Applicant shall present verification to the City
Engineer in the form of a letter from Otay Water District that Otay Water District is able to
provide sufficient water supply pursuant to Section 66473.7 of the California Government
Code, as may be amended from time to time. (Engineering)
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Page 26 of36
131. Prior to approval of the first Final "B" Map for the Project, the Developer(s) shall provide an
approved Subarea Water Master Plan (SAMP) by the Otay Water District. The SAMP will
provide more detailed information on the project such as project phasing; pump station and
reservoir capacity requirements, and extensive computer modeling to justify recommended
pipe sizes. (Engineering, Planning)
EASEMENTS
132. Developer shall grant to the City, a minimum of 10' wide easement for combined general
utility and landscape purposes along public street frontage of all open space lots offered for
dedication to the City unless otherwise approved by the City Engineer. Developer shall
include the above-mentioned easement on the Preliminary Street Tree Improvement Plans,
showing the location of proposed trees and utilities. (Engineering, General Services)
133. Indicate on all appropriate Final "B" Maps a reservation of easements to the future
Homeowners Association for private storm drain, if any, within open space lots as directed
by the City Engineer. Obtain, prior to approval of each Final "B" Map, all off-site right-of-
way necessary for the installation of the required improvements for that subdivision thereto.
The Developer shall also provide easements for all on-site and off-site public drainage
facilities, sewers, maintenance roads, and any other public facilities necessary to provide
service to the subject subdivision to the satisfaction of the City Engineer. (Engineering)
134. Grant on the applicable Final Maps sight distance easements to the City of Chula Vista for
comer lots and parcels adj acent to roundabouts, as required by the City Engineer to keep
such areas clear of any obstructions. Sight distance easements shall be shown on applicable
grading plans, improvement plans, and Final Maps, to the satisfaction of the City Engineer.
(Engineering)
135. Design landscape and irrigation plans such that street tree placement is not in conflict with
the visibility of any traffic signage. The Developer shall be responsible for the removal of
any obstructions of said traffic signs to the satisfaction of the City Engineer. (Engineering)
136. Developer shall grant to City on all applicable Final "B" Map, a 2-foot access easements
along the rear and side property line of lots adjoining walls to be maintained by
theMaintenance CFD. The locations of these easements shall be as required by the Director
of Plarining & Building and the City Engineer to provide adequate access for maintenance of
said walls. (Engineering, Planning)
137. Where a private storm drain easement will parallel a public sewer easement, the easements
shall be delineated separately on the Final Map and on the grading and improvement plans.
If any portion of the easements will overlap one another, the City shall have a superior right
to the common portion of the easements. (Engineering)
138. Prior to approval of each Final Map for the Project, the Developer shall either have removed
or subordinated any easement, which may unreasonably interfere with the full and complete
exercise of any required public easement or right-of-way at the direction of the City
Engineer. (Engineering)
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Pap"~ ')7 of ih
139. The developer shall notify the City at least 60 days prior to consideration of the fIrst Final
Map for the Project by the City Council if any 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 and/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 and/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.
c. 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.
d. Acquire and bond for off-site rights-of-way and easements to be dedicated to the City in
order to comply with the PFFP schedule. Applicant shall bond for the off-site
improvements as required by the City Engineer. (Engineering)
140. Developer shall provide easements for all off-site public storm drains and sewer facilities
prior to approval of each Final Map for the Project requiring those facilities. The easements
shall be sized as required by the City of Chula Vista Standards, unless otherwise approved by
the City Engineer. (Engineering)
141. Grant on all applicable Final Maps, easements along all public streets within the subdivision
as shown on the tentative map and in accordance with City standards unless otherwise
approved by the City Engineer and the Director of Planning & Building. The City Engineer
may require either the removal or the subordination of any easement, which may
unreasonably interfere with the full and complete exercise of any required public easement or
right-of-way. (Planning, Engineering)
142. Grant on the applicable Final Map, a 20-foot minimum sewer and access easement for sewer
lines located between residential units, unless otherwise required by the City Engineer.
Unless as otherwise provided for herein, all other easements shall meet City standards for
required width. (Engineering)
AGREEMENTSIFINANCIAL
143. Enter into a Supplemental Subdivision Improvement Agreement with the City, prior to
approval of each Final Map for the Project, where the developer agrees to the following:
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Page 28 of36
a. That the City may withhold building permits for the Project in order to have the Project
comply with the Growth Management Program, as may be amended from time to time, or
if anyone of the following occurs:
1. Regional development threshold limits set by a Chula Vista transportation phasing
plan, as amended from time to time, have been reached.
11. Traffic volumes, levels of service, public utilities and/or services either exceed the
adopted City threshold standards or fail to comply with the then effective Growth
Management Ordinance, and Growth Management Program and any amendments
thereto. Public utilities shall include, but not be limited to, air quality, drainage,
sewer and water.
111. The required public facilities, as identified in the PFFP or as amended or
otherwise conditioned have not been completed or constructed to the satisfaction
of the City. The developer may propose changes in the timing and sequencing of
development and the construction of improvements affected. In 'such case, the
PFFP may be amended as approved by the City's Director of Planning & Building
and the City Engineer. The Applicant agrees 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 Village Two, Three and a Portion of Four
SP A if the required public facilities, as identified in the PFFP or as amended by
the Annual Monitoring Program have not been completed.
b. To defend, indemnify and hold harmless the City and its agents, officers and employees,
from any claim, action or proceeding against the City, or its agents, officers or
employees, to attack, set aside, void or annul any approval by the City, including
approval by its Planning Commission, City Councilor any approval by its agents,
officers, or employees with regard to this subdivision pursuant to Section 66499.37 of the
State Map Act provided the City promptly notifies the Applicant of any claim, action or
proceeding and on the further condition that the City fully cooperates in the defense.
c. Permit all cable television companies franchised by the City of Chula Vista equal
opportunity to place conduit and provide cable television service for each lot or unit
within the Tentative Map area. Developer further agrees to grant, by license or easement,
and for the benefit of, and to be enforceable by, the City of Chula Vista, conditional
access to cable television conduit within the properties situated within the Final Map only
to those cable television companies franchised by the City of Chula Vista, the condition
of such grant being that:
1. Such access is coordinated with Developer's construction schedule so that it does
not delay or impede Developer's construction schedule and does not require the
trenches to be reopened to accommodate the placement of such conduits; and
11. Any such cable company is and remains in compliance with, and promises to
remain in compliance with the terms and conditions of the franchise and with all
other rules, regulations, ordinances and procedures regulating and affecting the
Pa1g2g~f36
operation of cable television companies as same may have been, or may from
time to time be, issued by the City of Chula Vista.
Developer hereby conveys to the City of Chula Vista the authority to enforce said
covenant by such remedies as the City determines appropriate, including revocation of
said grant upon determination by the City of Chula Vista that they have violated the
conditions of grant.
d. That the City may withhold the issuance of building permits for the Project, should the
Developer be determined by the City to be in breach of any of the terms of the Tentative
Map Conditions or any Supplemental Subdivision Improvement Agreement. The City
shall provide the Developer of notice of such determination and allow the Developer
reasonable time to cure said breach
e. To defend, indemnify and hold harmless the City and its agents, officers and employees,
from any liability for erosion, siltation or increase flow of drainage resulting from this
Project. (Engineering, Planning)
144. The Applicant shall enter into an agreement with the City prior to approval of the First "A"
Map for the Project, 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 regional facilities.
c. To equitably participate in any future regional impact fee program for regional facilities
should the region enact such a fee program to assist in the construction of such facilities.
(Engineering)
145. Prior to approval of each Final Map for the Project, the Applicant shall comply with all
previous agreements as they pertain to this tentative map. (Engineering, Planning)
146. Prior to approval of each Final "B" Map for the Project, the Applicant shall contract with the
City's current street sweeping franchisee, or other server approved by the Director of Public
Works to provide street sweeping for each phase of development on a frequency and level of
service comparable to that provided for similar areas of the City. The Developer shall cause
street sweeping to commence immediately after the fma1 residence, in each phase, is
occupied and shall continue sweeping until such time that the City has accepted the street or
60 days after the completion of all punch list items, whichever is shorter. The Developer
further agrees to provide the City Special Operations Manager with a copy of the memo
requesting street sweeping service, which memo shall include a map of areas to be swept and
the date the sweeping will begin. (Public Works)
147. The Applicant shall be required to equitably participate in any future regional impact fee
program for regional facilities should the region enact such a fee program to assist in the
construction of such facilities. The Applicant shall enter into an agreement, prior to approval
13-44
Page 30 of 36
of the first Final Map, with the City which states that the Applicant will not protest the
formation of any potential future regional benefit assessment district formed to finance
regional facilities. (Engineering)
148. Prior to approval of the applicable Final Map for the Project, Applicant shall construct and
secure, or agree to construct and secure, the construction of transit stop facilities as set forth
in the PFFP. The schedule for constructing the transit stops shall be approved or determined
by the City Engineer prior to approval of the aforementioned Final Map. Applicant shall
design, subject to the approval of the City Engineer said transit stops in conjunction with the
improvement plans for the related street. The City Engineer may require that Applicant
provide security guaranteeing the construction of said transit stops in a form of cash or any
other form approved by the City Engineer at hislher sole discretion. Since transit service
availability may not coincide with project development, the Applicant shall install said
improvements when directed by the City. (Public Works/Transit)
149. Prior to approval of the first Final "A" Map for the Project in order to satisfy their fair-share
contribution for fmancing the transit system, the Applicant shall enter into an agreement with
the City which states that the Applicant will not protest the formation of any potential future
regional benefit assessment district formed to fmance the transit system. (Engineering,
Public Works)
150. Prior to the approval of any Final Map for the Project that contains open space lots,
Developer shall enter into an agreement to construct and secure open space landscape
improvements within the map area. All landscape improvements shall be secured in amounts
as determined by the Director of General Services, Director of Public Works and approved in
form by the City Attorney. (Engineering, General Services, Public Works)
151. The Developer shall enter into an agreement with the City of Chula Vista, prior to approval
of Developers' first Final "B" Map for the Project, regarding the provision of affordable
housing. Such agreements shall be in accordance with the Chula Vista Housing Element, the
Ranch Wide Affordable Housing Plan and the Village Two, Three and a Portion of Four
Affordable Housing Plan. (Engineering)
MISCELLANEOUS
152. The Developer shall implement the final Air Quality Improvement Plan (AQIP) measures as
approved by the City Council, and as may be amended from time to time, and to comply and
remain in compliance with the AQIP. (Planning)
153. The Developer acknowledges that the City Council may, from time-to-time, modify air
quality improvement and energy conservation measures as technologies and/or programs
change or become available. The Developer shall modify the AQIP to incorporate those new
measures upon request of the City, which are in effect at the time, prior to or concurrent with
each Final Map approval within the Project. The new measures shall apply to development
within all future map areas, but shall not be retroactive to those areas, which receive Final
Map approval prior to effect of the subject new measures. The Developer acknowledges and
agrees that the City has adopted the City of Chula Vista Air Quality Improvement Plan
Guidelines (AQIP Guidelines) as approved per Resolution No. 2003-260 and that such
Pa1~3t~f36
guidelines as approved and as may be amended from time-to-time shall be implemented.
(Planning)
154. The Developer shall implement the final Water conservation Plan (WCP) measures as
approved by the City Council, and as may be amended from time to time, and to comply and
remain in compliance with the WCP. (Planning)
155. The Developer acknowledges that the City Council may, from time-to-time, modify water
conservation measures as technologies and/or programs change or become available. The
Developer shall modify the WCP to incorporate those new measures upon request of the
City, which are in effect at the time, prior to or concurrent with each Final Map approval
within the Project. The new measures shall apply to development within all future map
areas, but shall not be retroactive to those areas, which receive Final Map approval prior to
effect of the subject new measures. The Developer acknowledges and agrees that the City
has adopted the City of Chula Vista Water Conservation Plan Guidelines (WCP Guidelines)
as approved per Resolution No. 2003-234 and that such guidelines as approved and as may
be amended from time-to-time shall be implemented. (Planning)
156. The Applicant shall install all public facilities in accordance with the Village Two, Three and
a Portion of Four Public Facilities Finance Plan (PFFP), or as required to meet the Growth
Management Threshold standards adopted by the City. The City Engineer may modify the
sequence of improvement construction should conditions change to warrant such a revision.
The Applicant further agrees to comply with Chapter 19.09 of the Chula Vista Municipal
Code (Growth Management Ordinance) as may be amended from time to time by the City.
Said Chapter includes but is not limited to Threshold Standards (19.09.040) Public Facilities
Plan Implementation (19.09.090) and Threshold Compliance Procedures (19.09.100).
(Engineering)
157. The Applicant agrees that the maintenance and demolition of all interim facilities (public
facilities, utilities and improvements) is the Applicant's responsibility, and that construction,
maintenance and demolition bonds will be required to the satisfaction of the City Engineer.
(Engineering)
158. Within 30 days of the City Council approval of these Final Map conditions, or prior to the
submittal of the first Final Map for the Project, whichever occurs earlier, the Developer shall
submit a digital drawing file of the tentative map in its approved form. The drawing
projection shall be in California State Plane Coordinate System (NAD 83, Zone 6). The
digital file shall combine all Map sheets into a single CADD drawing, in DXF, DWG or
Arc View (GIS) format and shall contain the following individual layers:
a. Tentative Map Limits (closed polygons)
b. Lot Lines (closed polygons)
c. Street Centerlines (polylines)
d. Easements (poly1ines)
e. Street Names (annotation)
f. Lot Numbers (annotation)
13-46
Page 32 of 36
The digital drawing file shall be submitted in accordance with the City Guidelines for Digital
Submittal on 3Y2" disks or CD, as an e-mail attachment to the City Engineer or as otherwise
approved by the City Engineer. (Engineering)
159. Submit copies of all subsequent Tentative Maps, Final Maps, grading and improvement plans
in a digital format. The drawing projection shall be in California State Plane Coordinate
System (NAD 83, Zone 6). The digital file of the maps shall combine all map sheets into a
single CADD drawing, in DXF, DWG or ArcView (GIS) format and shall contain the
following individual layers:
a Tentative and/or Final Map Boundaries (closed polygons)
b. Lot Lines (closed polygons)
c. Street Centerlines (polylines)
d. Easements (polylines)
e. Street Names (annotation)
f. Lot Numbers (annotation)
g. Open Space maintenance areas with maintenance codes (polygons, annotation)
h. Public and private structural BMP's (annotation)
The Tentative Map, Final Map, grading plan and improvement plan digital files shall also
conform to the City of Chula Vista Subdivision Manual requirements therefore. The digital
drawing files shall be submitted in accordance with the City Guidelines for Digital Submittal
on 3W' disks or CD, as an e-mail attachment to the City Engineer or as otherwise approved
by the City Engineer. (Engineering)
160. On each Final Map, the boundary of the subdivision shall be tied to the California State Plane
Coordinate System (NAD 83, Zone 6). (Engineering)
161. The owners of each Village shall be responsible for retaining a proj ect 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. (Planning)
162. If Developer desires to do certain work on the property after approval of the tentative map
but prior to recordation of the Final "A" Map and/or applicable Final "B" Map, they may do
so by obtaining the required approvals and permits from the City. The permits can be
approved or denied by the City in accordance with the City's Municipal Code, regulations
and policies. Said permits do not constitute a guarantee that subsequent submittals (i.e., Final
"A" Map, Final liB" Map and improvement plans) will be approved. All work performed by
the Developer prior to approval of the Final "A" Map; the applicable "B" Maps shall be at the
developers own risk. Prior to permit issuance, the Developer shall acknowledge in writing
that subsequent submittals (Le., Final "B" Map and improvement plans) may require
extensive changes, at developers cost, to work done under such early permit. Prior to the
issuance of a permit, the developer shall post a bond or other security acceptable to the City
Pa1~3ff bf~n
in an amount determined by the City to guarantee the rehabilitation of the land if the
applicable Final "A" Map and/or Final liB" Map does not record. (Engineering)
PHASING
163. Phasing approved with the SPA Plan may be amended subject to approval by the Director of
Planning & Building and the City Engineer. The PFFP shall be revised where necessary to
reflect the revised phasing plan. (Planning & Building, Engineering)
164. 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 & Building 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 &
Building. 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 Director of Planning & Building may, at
their discretion, modify the sequence of improvement construction should conditions change
to warrant such a revision. The developer agrees that the City Engineer may change the
timing of construction of the public facilities. (Engineering)
165. The Public Facility Finance Plan or revisions thereto shall be adhered to for the SPA and
tentative maps with improvements installed by Applicant 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 Village
Seven SP A, actual development may differ from the assumptions contained in the PFFP.
Neither the PFFP nor any other Village Two, Three and a Portion of Four SPA Plan
document grant the Applicant an entitlement to develop as assumed in the PFFP, or limit the
Village Two, Three and a Portion of Four SPA'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 Village Two, Three and a Portion of Four SPA
development patterns and the facility improvement requirements to serve such development.
In addition, the sequence in which improvements are constructed shall correspond to any
transportation phasing plan or amendment to the Growth Management Program and
Ordinance adopted by the City. The City Engineer and Director of Planning & Building
may, at their discretion, modify the sequence, schedule, alignment and design of
improvement construction should conditions change to warrant such a revision.
(Engineering)
166. Unless access, drainage and utilities are shown on the master Tentative Map to the
satisfaction of the City Engineer and the Director of Planning & Building, prior to approval
of any Final Map proposing the creation of multi-family housing for the Project, including
any condominium project, community apartment project, or stock cooperative, as defined in
the applicable sections of the Government Code, Developer shall agree to process, and
thereafter process, a subsequent tentative map for said proposed condominium, community
apartment, or stock cooperative project within the Project pursuant to Section 66426 of the
Pa1g3f~f36
Subdivision Map Act, unless waived in writing by the Director of Planning & Building and
the City Engineer. (Engineering, Planning)
CODE REQUIREMENTS
167. The Applicant shall 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. Underground all utilities within the subdivision in accordance with Municipal Code
requirements. (Engineering)
168. Pay the following fees in accordance with the City Code and Council Policy:
a. The Transportation Impact Fees,
b. Public Facilities Development Impact Fees.
c. Signal Participation Fees.
d. All applicable sewer fees, including but not limited to sewer connection fees.
e. Pedestrian Bridge Development Impact Fee.
f. Poggi Canyon or Salt Creek Sewer Basin DIP as applicable.
Pay the amount of said fees in effect at the time of issuance of building permits.
(Engineering)
169. 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. (Engineering)
170. 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 the disclosure form for approval by the City Engineer prior to Final Map approval.
(Engineering)
13-49
Page 35 of36
AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND OTAY PROJECT, L.P.
AND FLATROCK LAND COMPANY, LLC RELATED TO VILLAGE TWO, THREE
AND A PORTION OF FOUR SPA APPROVAL
The Property Owner and the Developer( s) shall execute this document by signing the lines
provided below, said execution indicating that the Property Owner and Developer(s) have each
read, understood and agreed to the conditions contained in Resolution No. , and will
implement same to the satisfaction of the City. Upon execution, this document and a copy of
Resolution No. shall be recorded with the County Clerk of the County of San Diego, at
the sole expense of the Property Owner and/or Developer(s), and a signed, stamped copy
returned to the City Clerk. Failure to return a signed and stamped copy of this recorded
document within thirty days of recordation to the City Clerk shall indicate the Property
Owner/Developer(s)'s desire that the project, and the corresponding application for building
permits and/or a business license, be held in abeyance without approval.
Signature of Property Owner
Date
Signature of Property Owner
Date
H:\PLANNING\scorrD\ VILLAGE Two TM CONDITIONS.DOC
13-50
Pap"e 15 of3fi
OCT. 13. 2005 11: 03AM
NO. 73 2
P. 4
~~f?-
-.~
~ ~
OlY OF
CHUlA VISTA
Planning & Building Department
Planning Division I Development Processing
APPLICATION APPENDIX B
Disclosure statement
Pursuant to Council Policy 101-01, prior to any action upon matters that wi!! require discretionary action by
the Council, Planning Commission and all other official bodies of the City, a statement of disclosure of certain
ownership or financial interests, p~yments, or campaign contributIons for a City of Chula VIsta election must
be filed. The following information must be disclosed:
1. List the names of all persons having a financial interest In the property that is the subject of the
application or the contract. e.g., owner, applicant, contractor, sUb,contractor, material supplier.
Otav ~roiect. LP
2. If any person\\' Identified pursuant to (1) above is a corporation or partnership, list the names of all
Individuals with a $2000 investment In the business (corporatlon/partnership) entity.
Jim Baldwin
AI Baldwin
3. If any person* identified pursuant to (1) above is a non:profit organization or trust, list the names of
any person serving as director of the nonwprofit organization or as trustee or beneficiary or trustor of
the trust.
4. Please identify every person, IncludIng any agents, employees. consultants, or Independent
contractors you have assigned to represent you before the City in this matter.
Hunsaker & Assoc. .... Lex Williman Kim John Kilkenny
Ranie Hunter Rob Cameron
Kent Aden
5. Has any person. associated with this contract had any financial dealings with an official'/:'/: of the City
of Chula Vista 8S it relates to this contract within the past 12 months. Yes D- No.!8L-
If Yes, briefly describe the nature of the financial interest the officlal*'ll may have in this contract.
6. Have you made a contributIon af more than $250 within the past twelve (12) months to a current
member af the Chula Vista City Council? No 18l Yes 0 If yes, which Council Member?
1 g-51 ATTACH.MENT 7
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q~~C,~' .u) ~ ~ ,5J9 J,,,l : 0 1~~D.V Il.LAG5 O~VnOPI.ENT
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TR',~9. 7?2l0SI00~' ,5.444
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PlAuDing & iulldlng Department
}ll~D1virion I Dml~' ~~aini
APPLIC4TION APPENDIX if
DlGclosl.lrt Statement... f'fiif 2
7. Have ~u provided more lhsn ~ (or an item of equlvalel'll VIlUI) to ~n off'lCial'" of th$ CItY of Chula
Vista In thi pe8~twalve (1g) mQnthe?JJtlls Includae being a source of Income, money to reUre Illraal
debt, gift, lcan,etc,) YeS I::l- No ~
If Yes, Which Dfflcial- an.d wha~ wae me natUre of ttem PfQVi~ed? .
-
. Oata:. ~tJ?; I t;rOD~
I .
4~~
~ ~lken1WI Q~y Pt9i~l loP. Print or
tvpe name cf eomrsctaf/Appncant
Peraon is defined as: an)' jnaividuah firm, co-partnsrehlpt JoInt venture. Q~Otia~on, sQQlal c1ubt
fratemal Qrgani~tlon, corporation, e;;~te, tr.lat, rilcalver, ~dlcattr In~ ether countY, City,
municip~l/tY, district, or otner pOlitical tlubdMslon, -or any oUlar group or COmblf1atiQl1lilctlns as a
~l .
ll!
II
Offlelal incluQss, but is net limned ~o: Mayor, Council member, Planning Commissloner, Memt>er of
a board, commiaalcn, Dr ccmmlttee or the CiM employeer or staff members.
276fClLJMAVinlJElI cnu,a"lii~ea~romilll a'S10 I (i,S)eS'.51P1
RESOLUTION NO.
RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA APPROVING A
TENTATIVE SUBDIVISION MAP FOR VILLAGE
TWO AND A PORTION OF VILLAGE FOUR, OF
THE OTAY RANCH.
WHEREAS, the property which is the subject matter of this resolution is
identified as Exhibit "A" attached hereto and described on Chula Vista Tract 06-05, and
is commonly known as Otay Ranch, Village Two and a Portion of Village Four
("Property"); and,
WHEREAS, Otay Project L.P. ("Applicant") filed a duly verified application for
the subdivision of the Property in the fonn of the tentative subdivision map known as
"Otay Ranch Village Two and a Portion of Village Four, Chula Vista Tract 06-05",
("Project"), with the Planning and Building Department of the City of Chula Vista on
October 13,2005; and,
WHEREAS, the application requests the approval for the subdivision of
approximately 702.5 acres of land known as "Otay Ranch, Village Two and a Portion of
Village Four" located at the western edge of the Otay Valley Parcel, between the future
extension alignment of La Media Road to the east, Olympic Parkway to the north, Wolf
Canyon and the Otay Landfill to the south and the Subbow Planning area and the Otay
Landfill to the west. The portion of Village Four included in this application is generally
located west of the future extension of La Media Road, south and east of Wolf Canyon and
north of the remaining portions of Village Four; and,
WHEREAS, the Property is also the subj ect matter of an amendment to the Otay
Ranch General Development Plan (GDP) adopted by City Council by Resolution
No. ; and,
WHEREAS, the Project was included in the environmental evaluation of said
amended GDP, which relied in part on the original Otay Ranch General Development
Plan Program Environmental Impact Report 90-01, and the Village Two, Three and a
Portion of Four Second-Tier Environmental Impact Report ("EIR 02-02")
(SCH#2003091012), the candidate CEQA Findings and Mitigation Monitoring and
Reporting Program; and,
WHEREAS, the Planning Commission set the time and place for a hearing on
said Otay Ranch, Village Two and a Portion of Village Four Tentative Subdivision Map
(C.V.T. 06-05) and notice of said hearing, together with its purpose, was given by its
publication in a newspaper of general circulation in the city and its mailing to property
owners within 500 feet of the exterior boundaries of the Project site at least ten days prior
to the hearing; and,
13-53
Resolution No.
Page 2
WHEREAS, the hearing was held at the time and place as advertised, namely
6:00 p.m. May 10, 2006, in the Council Chambers located in the Administration
Building, 276 Fourth Avenue, and the Planning Commission voted 5-0 to approved
Planning Commission Resolution PCS-06-05 recommending to the City Council approval
of the Tentative Subdivision Map for Village Two and a Portion of Four; and,
WHEREAS, a public hearing was scheduled before the City Council of the City
of Chula Vista on the Otay Ranch, Village Two and a Portion of Village Four Tentative
Subdivision Map.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of
Chula Vista does hereby find, determine, resolve and order as follows:
I. PLANNING COMMISSION RECORD
The proceedings and all evidence introduced before the Planning Commission at
their public hearing held on May 10, 2006, and the minutes and resolutions
resulting therefrom, are hereby incorporated into the record of this proceeding.
These documents, along with any documents submitted to the decision makers,
shall comprise the entire record of the proceedings for any California
Environmental Quality Act (CEQA) claims.
II. COMPLIANCE WITH CEQA
The City Council hereby finds that the Project, as described and analyzed in the
Second-Tier Final ErR 02-02, would have no new effects that were not examined
in said Final ErR (Guideline 15168 (c)(2)).
III. ACTION
The City Council hereby approves the resolution approving the Otay Ranch,
Village Two and a Portion of Village Four Tentative Map, ChuIa Vista Tract 06-
05 involving 702.5 acres of land known as "Otay Ranch, Village Two and a
Portion of Village Four" in this resolution, fInding it is consistent with the City of
Chula Vista General Plan, the Otay Ranch General Development Plan, Village
Two, Three and a Portion of Four SPA Plan, and all other applicable Plans, and
that the public necessity, convenience, general welfare and good planning and
zoning practice support their approval and implementation.
13-54
Resolution No.
Page 3
IV. TENTATIVE SUBDIVISION MAP FINDINGS
Pursuant to Government Code Section 66473.5 of the Subdivision Map Act, the City
Council finds that the Otay Ranch "Village Two and a Portion of Village Four
Tentative Subdivision Map (C.V.T. 00-05)" as conditioned, attached as Exhibit "B"
to this resolution, hereto for
Otay Project L.P., is in conformance with all the various elements of the City's
General Plan, the Otay Ranch General Development Plan and Village Two, Three and
a Portion of Four Sectional Planning Area (SPA) Plan, based on the following:
1. Land Use
The Project is in a planned community that provides single-family and
multi-family residential uses, mixed-use, industrial, parks, schools,
community purpose facilities and open space and other uses authorized by
the Village Two, Three and a Portion of Four Sectional Planning Area
(SPA) Plan.
2. Circulation
All of the on-site and off-site public and private improvements required to
serve the subdivision are part of the project description or are conditioned
consistent with the Otay Ranch General Development Plan, and the
Village Two, Three and a Portion of Four SPA Plan. The Applicant shall
construct those facilities in accordance with City and Otay Ranch Village
Two, Three and a Portion of Four SPA Plan standards.
3. Housing
An affordable housing agreement between the City and Otay Project L.P.
(Master Developer) will be executed subsequent to the approval of the
Tentative Map and is applicable to subject Project providing for low and
moderate-income households.
4. Parks. Recreation and Open S-pace
Parks, recreation and open space will be conditioned under Tentative Map
conditions to provide local Neighborhood parkland and Community
parkland. Construction of parkland and open space and programmable
recreation facilities are the responsibility of the Applicant
13-55
Resolution No.
Page 4
5. Conservation
The Program EIR. and FEIR.'s 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. The Otay Ranch Phase
Two Resource Management Plan requires conveyance of 1.18 acres of
land to the Otay Ranch Preserve for every one-acre of developed land prior
to approval of any Final Map.
6. Seismic Safety
The proposed subdivision is in conformance with the goals and policies of
the Seismic Element of the General Plan for this site. No seismic faults
have been identified in the vicinity of the Project according to the Otay
Ranch Village Two, Three and a Portion of Four SPA Geotechnical
Reconnaissance Report.
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
projects in the eastern territories.
9. Noise
The Project may include noise attenuation walls under review in an
acoustic study currently being prepared for the Project. In addition, all
units are required to meet the standards of the Uniform Building Code
with regard to acceptable interior noise levels.
10. Scenic Highwav
The roadway design provides wide landscaped buffers along Olympic
Parkway the only General Plan, GDP/SRP scenic highway adjacent to the
Proj ect.
13-56
Resolution No.
Page 5
11. Bicvcle Routes
The Project is required to provide on-site bicycle routes on the Project
as indicated in the regional circulation system of the General Plan and
the Otay Ranch GDP.
12. Public Buildings
Public buildings are not proposed on the Project site as part of the
community purpose facility locations. The Project is subject to
appropriate residential fees prior to issuance of building permits.
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.
V. CONDITIONS OF APPROVAL
The City Council hereby approves the Project subject to the conditions set forth in
Exhibit "B", attached hereto.
VI. CONSEQUENCE OF FAILURE OF CONDITIONS
If any of the foregoing conditions fail to occur, or if they are, by their terms, to be
implemented and maintained over time, if any of such conditions fail to be so
implemented and maintained according to their terms, the City shall have the right
to revoke or modify all approvals herein granted, deny, revoke or further condition
issuance of all future building permits issued under the authority of approvals
herein granted, institute and prosecute litigation to compel their compliance with
said conditions or seek damages for their violation.
VII. INVALIDITY; AUTOMATIC REVOCATION
It is the intention of the City Council that its adoption of this Resolution is
dependent upon the enforceability of each and every term, provision and condition
herein stated; and that in the event that anyone or more terms, provisions, or
conditions are determined by a Court of competent jurisdiction to be invalid,
illegal or unenforceable, this resolution shall be deemed to be automatically
revoked and of no further force and effect ab initio.
13-57
Resolution No.
Page 6
Presented by
James D. Sandoval, AICP
Planning and Building Director
13-58
Approved as to form by
EXHI BIT A
!J
C HULA VISTA PLANNING AND BUILDING DEPARTMENT
LOCATOR PROJECT PROJECT DESCRIPTION:
C) APPLICANT: The Otay Ranch Company
PROJECT South of Olympic Pkwy and Village 2,3 and 4 (Portion) Tentative Map.
ADDRESS: East of Otay Landfill.
SCALE: No Scale
NORTH
Iv '>.I
Resolution Approving the Final "A" Map of Chula Vista
Tract No. 06-05, Otay Ranch Village Two that is proposing to vacate
certain irrevocable offers of dedication for public park and other public
purposes. Accepting on behalf of the City of Chula Vista, the easements
granted on said Map within said Subdivisions, Accepting on behalf of
the public: the public streets shown thereon; approving the Subdivision
Improvement Agreement for the completion of improvements required
by said subdivision; approving the associated Supplemental Subdivision
Improvement Agreement, requiring developer to comply with certain
unfulfilled conditions of the Tentative Map for Chula Vista Tract No.
06-05.
Director of Planning and Buildin ~
Acting Director of Engineering.~
City Manager ~ l>~ (4/5ths Vote: Yes No X )
On May 23, 2006, Council approved a Tentative Subdivision Map for Otay Ranch Village
Two, Chula Vista Tract No. 06-05. Staff proposes that Council now consider approval of the
Otay Ranch Village Two "A" Map, its associated Subdivision Improvement Agreement, and
its associated Supplemental Subdivision Improvement Agreement.
ITEM TITLE:
SUBMITTED BY:
REVIEWED BY:
COUNCIL AGENDA STATEMENT
Item )1./-
Meeting Date~
RECOMMENDATION: That City Council adopt the Resolution.
BOARDS AND COMMISSIONS: N/ A
DISCUSSION:
Otay Ranch Village Two is a 766.66-acre project generally located south of Olympic Parkway
and west of La Media Road. The project consists of32 numbered lots, and 5 lettered lots.
The Final Map proposes to vacate certain irrevocable offers of dedication for public park and
other public purposes (IODs). The IODs were offered to the City to provide land for the
community park within the Otay Ranch project. With the relocation of the Community Park, a
new irrevocable offer of dedication has been acknowledged on this Final Map, replacing the
IODs. Staff recommends that the IODs be vacated since they are no longer needed.
The Final Map has been reviewed by the City Engineer and found to be in substantial
conformance with the approved Tentative Map. The developer, Otay Ranch, LP, has already
paid all applicable fees. In addition to Final Map approval, staff recommends that Council
approve the following agreements associated with the project:
Council approval of the Final Map will constitute:
· Acceptance by the City of the Drainage easements;
· Acceptance by the City of the Landscape Buffer and Sidewalk easements;
· Acceptance by the City of the assignable and irrevocable general utility and access
easements, for the installation and maintenance of public utilities;
14-1
Item 4, Page 2
Meeting Date: 5/23/06
· Acknowledgement of an irrevocable offer of dedication of an open space lot.
· Acknowledgement of irrevocable offers of dedication of public park lots.
· Acceptance on behalf of the public of all public streets with the Map.
· Vacation of the laDs
Associated Agreements: In addition to Final Map approval, staff recommends that Council
approve the following agreements associated with the project:
1. Subdivision Improvement Agreement: Requires the Developer to complete the
improvements required by said Subdivision. Security bonds have been provided,
guaranteeing the completion of all improvements and monumentation required by the
Municipal Code.
2. Supplemental Subdivision Improvement Agreement: Addresses several unfulfilled
conditions of the Tentative Map approved by Resolution No. 2004-332. These
conditions will remain in effect until completed by the Developer and/or their
successors( s) in interest.
The above agreements have been reviewed by staff, and approved as to form by the City
Attorney.
FISCAL IMP ACT: There is no impact to the General Fund. The developer has paid all fees
and other costs associated with the proposed Final Map and agreements.
Attachments:
Attachment 1: Plat of Otay Ranch Village 2, Chula Vista Tract No. 06-05
Attachment 2: Developer's Disclosure Statement
Attachment 3: Plat of the Locations of the laDs to be vacated
Exhibit A: Subdivision Improvement Agreement
Exhibit B: Supplemental Subdivision Improvement Agreement
CGB File No. OR805F
J:\Engineer\Landdev\Projects\Otay Ranch Village 2\OR-805F _Amap\Final A Maps Full Version Revision l.doc
/
14-2
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14-3
MAY. 18.2006 4:21PM
ATII\(,t\ tv\~N 1" 2..
NO. 611
p, 2
City of Chula Vista Disclosure Statement
Pursuant to Council Policy 1 Q J AQ I, prior to any action upon matters that will require discreti onsry action by the
CO"W1cil, PlaMil1g ColT11Irlssion a!ld all other official bodies of the City, a statement of disclosure of certain
ownership or financial interests, payments, or campaign caotributions for a City ofChula Vista election must be
fued. The following infcnnation DIUBt be disclosed:
1. List the names of all pCl'SonS ha~ing a fibancial interest in the property that is the subject of the
application or the contract, e.g., owner, applicant, contractor, subcontractol', material supplier.
Otay Project L.P.
2. If any person. identified pursuant to (1) above is a corporation or psrlnership, list the DameS of all
individuals witb a $2000 investment in the businl3Ss (corporatiODlpartncrship) entity.
James P. Baldwin
Alfred E. Baldwin
3. If any person Ii! identified pursuant to (1) above is a nan-profit organization or trust, list the names of any
pet'Sotlserving as director of the non-profit organization or 1!8 trustee or beneficiary or trustor of the trust
4. Please identify fNery person, including any agents, employees. consultants, or independent contractors
YOll have assigned to l'epresent )'OU before the City in this matter.
James P. Baldwin
Joseph GiedeJll8,n
Alfred E. Baldwin
Marc:. Lovato
Kim Kilkenny
C~X't Smith
S. Has any person. associated with this contract had any financial dealings with an officialu of the City of
Chula Vista as it relates to this contract within the past 12 months. Yes_ No~
14-4
MAY. 18. 2006 4: 21 PM
NO. 611
P. 3
City of Chllla Vista Disdosure Statement
If Yes, briet1y descn"be the nature of the financial interest the official.'" may have in this contract.
6. Hav!: you made a contribution oftnorc than $250 within the past twelve (12) months to II current member
of the Chula Vista City Council? No.!.. Yes _lfycs, which Council member?
7.
Have you providc:d more than $340 (or an itcm ofcquivalenhalue) to an official** ofllie City ofCh-uta
Vista in the past twelve (12) months? (TIlls includes being ~ source of income, money to retire a legal
debt, gift, loan, etc.) Yes _ No..!...-
ItYes, which official"'''' and what was the nature of item provided?
Date: y.(,=,-OC;C
Kim Kilkenny. ~ecut~ve Vice President
Print or type name of Contractor/Applicant
· Person is defined as: any individua.l! finnt co-partnership, joint vc:o.ture, association, social club, fraternal
organization, cotporation, estate, tlUS; receivCt', syndicate, any otha county, city, municipality, district., or
other political subdivision, -or any other group or combination acting as a unit.
** Official iQ.cludes, but is net limited to: Mayor. Council member, Pla.nning Commissioner, Member of a
board, conrmissioa, or committee of the City, employee, or stafImember$.
J!\A.lEanIqMblftllldi..Illaur. ctmm~ 3~3
/
14-5
MAY. 18. 2006 4: 21 PM
NO. 611
P. 4
City of Chu)a Vista Disclosure Statemeot
Pursuant to Council Policy 101..01, prior to any action upon matters tbatwill teCl1lire discretionary action by the
Council, Planning Commission and aU ather otfidal bodies of the City, a .tatemetlt of discloS'Ul'e of certain
ownership or fiDancial mtcrcsta, payments. at catl1paigtl contribu.tiOllS tor a City of Chula Vista election must be
tiled. The :tbllowiug information must be disclosed:
1. List the nameS of all persons hllvittg a :finlU1cial ihterest in the property that is the subject of the
application or the co1:1tract, e.g., owner, 1Ip9licant, contractor, subcontfa.c1:ot. material supplier.
Otay Ranch Investments, LLC
2. If any person* identified pW'Suant to (1) above is a corporation or partnE:l'ship, list the: names of all
individuals with a $2000 investment in the business (corporatiODlpartnetship) entity.
James P. Baldwin
3. If any person'" identified pursuant to (1) above: is a nan..p:ro:lit organization or trust, list the names of any
person serving as direetor of the I1aD.-profit organi2ation or as trustee or benefic;:jary at trustor of the trust.
4. Please identify every person, including lUly aBents, elt.lployees, co1:J.sUlt&tlts, or independent ;oa.tra;tars
you have usigned to represent you belore the City in this matter.
James P. Baldwin
Ranie Hunter
Kent Aden
Robert Cameron
5. HilS a.I1y petson* assocIated with this contl'BCt had illY fUlll!1cl11.1 dealings with a.I1 official ** o{thc City of
Chula Vista as it relates to this cantract within the past 12 ttlQDtbs. Yes_ No ~
14-6
MAY.18.20064:22PM
NO. 611
P. 5
Cl~ of Chula Vilia Dildolare Statement
IfYcs, briefly describe: the uaturc of the fina:tlcial mt:etest the ofticial** may have: hi this contract.
6. Have you made a ~onttibution ofmore than $250 within the past twelve (12) months to a c:urr=ttnember
oflhe Chub Vista City Council? No..x. YeS _lfycs, which Council.rnember?
7.
Have you provided more than $340 (at an item of equivalent value) to a:tI ofticial>il* of the City of Chwa
Vista in. the past twelve (12) mont:lui? (This includes being a source af incotne, ttlouc)'to retire a Icgal
debt, gift, lollD, etc.) Yes -L No_
IfYcs, whicl1 official'" and what was the batu.re ofitenJ. pl'ovided1
Date: ~\~-~~
Kent Aden, ~~~~u~;v~ Vi~e ~resident
Print or type name ofConttaetor/Applicant
..,
Perso%1 is defined as: BDyindividual, firm. co"partru:rsllip,jomt venture, association, social club, fratemal
organization. cotporation. estate, trust, rc:c:eiver, syndicate, any other caunty, city, municipality, district, or
other politiwsubdivisian, -or any other group or combination acting as a umt.
..
Officilll includes, but is not limited to: Mayor, Cwncil membct, PIBl1l1iDg Commissioner, Member of a
board, commission, or committee of the City, =nplO)'l:e, or stafftnembers.
J;\AIlIll1l=Y\fbmls'dlI~llOI'~ tdaliom- 3~
14-7
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RESOLUTION NO.
RESOLUTION OF THE CITY OF CHULA VISTA APPROVING THE FINAL "A"
MAP OF CHULA VISTA TRACT NO. 06-05, OTAY RANCH VILLAGE TWO AND
PORTION OF VILLAGE FOUR THAT IS PROPOSING TO VACATE CERTAIN
IRREVOCABLE OFFERS OF DEDICATION FOR PUBLIC PARK AND OTHER
PUBLIC PURPOSES. ACCEPTING ON BEHALF OF THE CITY OF CHULA
VISTA, THE EASEMENTS GRANTED ON SAID MAP WITHIN SAID
SUBDIVISIONS, ACKNOWLEDGING ON BEHALF OF THE CITY OF CHULA
VISTA THE IRREVOCABLE OFFER OF DEDICATION OF FEE INTEREST OF
LOTS "A", "B", AND "C" FOR PUBLIC PARK AND LOT "D" FOR OPEN SPACE
PURPOSES, ACCEPTING ON BEHALF OF THE PUBLIC: THE PUBLIC STREETS
SHOWN THEREON; APPROVING THE SUBDIVISION IMPROVEMENT
AGREEMENT FOR THE COMPLETION OF IMPROVEMENTS REQUIRED BY
SAID SUBDIVISION; APPROVING THE ASSOCIATED SUPPLEMENTAL
SUBDIVISION IMPROVEMENT AGREEMENT, REQUIRING DEVELOPER TO
COMPLY WITH CERTAIN UNFULFILLED CONDITION OF THE TENTATIVE
MAP FOR CHULA VISTA TRACT NO. 06-05.
WHEREAS, the developer, the Otay Project, LP, has submitted a final map for Otay
Ranch Village 2; and
WHEREAS, a request has been received to vacate certain irrevocable offers of dedication
for public park and other public purposes as contained within documents recorded on April 16,
1999 as file no. 1999-0257068 and November 28,2001 as file no. 2001-0864224 and September
9, 2004 as file no. 2004-0858453 and March 7, 2006 as file no. 2006-0156597 and as file no.
2006-0156598, all of official record; and
WHEREAS, the location of the park site has changed and a new irrevocable offer of
dedication was made on this map to replace those aforementioned irrevocable offers of
dedication for public park and other public purposes; and
WHERAS, in order to vacatt;:, Council must adopt a resolution ordering the vacation of
those certain irrevocable offers of dedication; and
WHEREAS, the developer has executed a Subdivision Improvement Agreement to install
public facilities associated with the project; and
WHEREAS, the developer has executed a Supplemental Subdivision Improvement
Agreement to satisfy remaining conditions of the Tentative Map for Chula Vista Tract No. 06-
05; and
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula
Vista hereby finds that that certain map survey entitled Chula Vista Tract No. 06-05, Otay Ranch
Village Two and Portions of Village 4 "A" Map, particularly described as follows:
Being a subdivision of a portion of Parcels 2, 4, and 6 of Parcel Map 18471,
recorded May 10, 2000, together with a portion of Parcels 3 and 4 of Parcel Map
14-9
No. 18789, recorded September 7,2001, together with Parcels 1 and 2 of Parcel
Map No. 19923 recorded January 18, 2006, together with a portion of Quarter
Section 39 of Rancho De La Nacion, according to map thereof no. 166 by Morrill,
all in the City Of Chula Vista, County of San Diego, state of California.
Area: 766.66 Acres
Numbered Lots: 33
No. of Lots: 37
Lettered Lots: 4
is made in the manner and form prescribed by law and conforms to the surrounding surveys; and
. that said map and subdivision of land shown thereon is hereby approved and accepted.
BE IT FURTHER RESOLVED that said Council hereby accepts on behalf of the public
the public streets, to-wit: Santa Venetia Street, Santa Victoria Road, State Street, Santa Diana
Road, Heritage Road, Santa Christina Avenue, Santa Ivy Avenue, Santa Alexia Avenue,
Carpinteria Street, Donze Avenue, Canon Perdido Street, Yanono1i Avenue and a portion of La
Media Road, all shown hereon and said streets are hereby declared to be public streets and
dedicated to the public use all as shown on said map within said subdivision.
BE IT FURTHER RESOLVED that Council hereby vacates on behalf of the City Of
Chula Vista those certain irrevocable offers of dedication for public park and public purposes as
contained within documents recorded on April 16, 1999 as file no. 1999-0257068 and November
28, 2001 as file no. 2001-0864224 and September 9, 2004 as file no. 2004-0858453 and March
7,2006 as file no. 2006-0156597 and as file no. 2006-0156598, all of official record.
BE IT FURTHER RESOLVED that said Council hereby accepts on behalf of the City of
Chu1a Vista the Drainage, Landscape Buffer and Sidewalk, and assignable and irrevocable
general utility and access easements, all as shown on Otay Ranch Village 2 and Portions of
Village 4 "A" Map within said subdivision.
BE IT FURTHER RESOLVED that said Council hereby acknowledges on behalf of the
City of Chu1a Vista the Irrevocable Offer of Dedication of Fee Interest of Lot "E" for open space
and other public purposes all as shown on Otay Ranch Village 2 and Portions of Village 4 "A"
map within said subdivision.
BE IT FURTHER RESOLVED that said Council hereby acknowledges on behalf of the
City of Chu1a Vista the Irrevocable Offer of Dedication of Fee Interest of Lots "A", "B", and
"C", for Public Parks and Lot "D" for Open Space purposes all as shown on Otay Ranch Village
2 and Portions of Village 4 "A" Map within said subdivision.
BE IT FURTHER RESOLVED that the City Clerk of the City of Chula Vista is hereby
authorized and directed to endorse upon said map the action of said Council; that said Council
has approved said subdivision map, and that said public streets are accepted on behalf of the
public as therefore stated and that the Irrevocable Offer of Dedication of the fee interest of said
lots be acknowledged, and that those certain easements as granted on Otay Ranch Village 2 and
Portions of Village 4 "A" Map within said subdivision are accepted on behalf of the City of
Chula Vista as hereinabove stated.
14-10
2
BE IT FURTHER RESOLVED that that certain Subdivision Improvement Agreement
dated the May 23, 2006, for the completion of improvements in said subdivision, a copy of
which is on file in the Office of the City Clerk is hereby approved.
BE IT FURTHER RESOLVED that that certain Supplemental Subdivision Improvement
Agreement for addressing on-going conditions of approval that will remain in effect and run with
the land for the map, a copy of which is on file in the Office of the City Clerk is hereby
approved.
BE IT FURTHER RESOLVED that the City Clerk is hereby directed to transmit said
map to the Clerk ofthe Board of Supervisors of the County of San Diego.
BE IT FURTHER RESOLVED that the Mayor of the City of Chula Vista is hereby
authorized and directed to execute said agreement for and on behalf of the City of Chula Vista.
Presented by
Approved as to form by
Leah Browder
Deputy Director of Engineering
14-11
3
THE ATTACHED AGREEMENT HAS BEEN REVIEWED
AND APPROVED AS TO FORM BY THE CITY
ATTORNEY'S OFFICE AND WILL BE
FORMALLY SIGNED UPON APPRO V AL BY
THE CITY COUNCIL
~d
A e
City Attorney
Dated: ':) I ( 1- (0 {
I
Approving the Subdivision Improvement Agreement
For the completion of improvements required by said subdivision
For the Final "A" Map of CV Tract No. 06-05
Otay Ranch Village Two and Portions of Village Four
14-12.
I
",,_,_""M~..~,_~,,_~.~._..__<<._'~"'.'~'~"""""'.~'___".~____~__
Exhibit A
Recording Requested by:
CITY CLERK
When Recorded, Mail to:
CITY OF CHULA VISTA
276 Fourth Avenue
Chula Vista, CA 91910
No transfer tax is due as this is a conveyance
to a public agency of less than a fee interest
for which no cash consideration has been paid or
received.
Declarant
SUBDIVISION IMPROVEMENT AGREEMENT
THIS AGREEMENT, made and entered into this day of , 2006, by and
between THE CITY OF CHULA VISTA, a municipal corporation, hereinafter called "City",
OTA Y PROJECT, LP, A CALIFORNIA LIMITED PARTNERSHIP, 610 West Ash Street,
Suite 1500, San Diego, CA, and OTAY RANCH INVESTMENTS, LLC, A DELAWARE
LIMITED LIABILITY COMPANY, 610 West Ash Street, Suite 1500, San Diego, CA,
hereinafter called "Subdivider" with reference to the facts set forth below, which Recitals
constitute a part of this Agreement;
RECITALS:
WHEREAS, Subdivider is about to present to the City Council of the City ofChula Vista
for approval and recordation, a final subdivision map of a proposed subdivision, to be known as
Otay Ranch Village Two (CVT 06-05) pursuant to the provisions of the Subdivision Map Act of
the State of California, and in compliance with the provisions of Title 18 of the Chula Vista
Municipal Code relating to the filing, approval and recordation of subdivision map; and
WHEREAS, the Code provides that before said map is finally approved by the Council of
the City of Chula Vista, Subdivider must have either installed and completed all of the
improvements andlor land development work required by the Code to be installed in
subdivisions before final maps of subdivisions are approved by the Council for purpose of
recording in the Office of the County Recorder of San Diego County, or, as an alternative
thereto, Subdivider shall enter into an agreement with City, secured by an approved
improvement security to insure the performance of said work pursuant to the requirements of
Title 18 of the Chula Vista Municipal Code, agreeing to install and complete, free of liens at
Subdivider's own expense, all of the improvements andlor land development work required in
said subdivision within a definite period of time. prescribed by said Council; and
WHEREAS, Subdivider is willing in consideration of the approval and recordation of
-1-
14-13
said map by the Council, to enter into this agreement wherein it is provided that Subdivider will
install and complete, at Subdivider's own expense, all the improvement work required by City in
connection with the proposed subdivision and will deliver to City improvement securities as
approved by the City Attorney; and
WHEREAS, a tentative map of said subdivision has heretofore been approved, subject to
certain requirements and conditions, as contained in Resolution No. , approved on the
23rd day of May, 2006 ("Tentative Map Resolution"); and
WHEREAS, complete plans and specifications for the construction, installation and
completion of said improvement work have been prepared and submitted to the City Engineer, as
shown on Drawing Sets 06032 (Santa Victoria), 06033 (Phase 2 East Backbone), 06034(Phase 2
Backbone), and 06035 (Heritage Road), 06036 (Phase 1 Backbone) inclusive on file in the office
of the City Engineer; and
WHEREAS, an estimate of the cost of constructing said improvements according to said
plans and specifications has been submitted and approved by the City in the amount as set forth
as follows:
Santa Victoria Street - THREE MILLION DOLLARS AND NO CENTS
($3,000,000.00).
Phase 2 East Backbone - FIVE MILLION TWELVE THOUSAND DOLLARS
AND NO CENTS ($5,012,000.00).
Phase 2 Backbone - FOUR MILLION SEVEN HUNDRED FIFTY
THOUSAND DOLLARS AND NO CENTS ($4,750,000.00).
Heritage Road - THREE MILLION NINE HUNDRED THOUSAND
DOLLARS AND NO CENTS ($3,900,000.00).
Phase 1 Backbone - THREE MILLION FIVE HUNDRED THOUSAND
DOLLARS AND NO CENTS ($3,500,000.00).
Total estimated cost of improvements - TWENTY MILLION ONE HUNDRED
SIXTY TWO THOUSAND DOLLARS AND NO CENTS ($20,162,000.00).
NOW, THEREFORE, IT IS MUTUALLY UNDERSTOOD AND AGREED AS
FOLLOWS:
1. Subdivider, for itself and his successors in interest, an obligation the burden of which
encumbers and runs with the land, agrees to comply with all of the terms, conditions and
requirements of the Tentative Map Resolution; to do and perform or cause to be done and
performed, at its own expense, without cost to City, in a good and workmanlike manner, under
the direction and to the satisfaction and approval of the City Engineer, all of the improvement
and/or land development work required to be done in and adjoining said subdivision, including
-2-
14-14
the improvements described in the above Recitals ("Improvement Work"); and will furnish the
necessary materials therefore, all in strict conformity and in accordance with the plans and
specifications, which documents have heretofore been filed in the Office of the City Engineer
and as described in the above Recitals this reference are incorporated herein and made a part
hereof.
2. It is expressly understood and agreed that all monuments have been or will be
installed within thirty (30) days after the completion and acceptance of the Improvement Work,
and that Subdivider has installed or will install temporary street name signs if permanent street
name signs have not been installed.
3. It is expressly understood and agreed that Subdivider will cause all necessary
materials to be furnished and all Improvement Work required under the provisions of this
contract to be done on or before the second anniversary date of Council approval of the
Subdivision Improvement Agreement.
4. It is understood and agreed that Subdivider will perform said Improvement Work as
set forth hereinabove, or that portion of said Improvement Work serving any buildings or
structures ready for occupancy in said subdivision, prior to the issuance of any certificate of
clearance for utility connections for said buildings or structures in said subdivision, and such
certificate shall not be issued until the City Engineer has certified in writing the completion of
said improvements or the portion' thereof serving said building or structures approved by the
City; provided, however, that the improvement security shall not be required to cover the
provisions of this paragraph.
5. It is expressly understood and agreed to by Subdivider that, in the performance of said
Improvement Work, Subdivider will conform to and abide by all of the provisions of the
ordinances of the City of Chula Vista, and the laws of the State of California applicable to said
work.
6. Subdivider further agrees to furnish and deliver to the City of Chula Vista,
simultaneously with the execution of this agreement, an approved improvement security from a
sufficient surety, whose sufficiency has been approved by the City in the sum of:
Santa Victoria Street - ONE MILLION FIVE HUNDRED THOUSAND
DOLLARS AND NO CENTS ($1,500,000.00).
Phase 2 East Backbone - TWO MILLION FIVE HUNDRED SIX THOUSAND
DOLLARS AND NO CENTS ($2,506,000.00).
Phase 2 Backbone - TWO MILLION THREE HUNDRED SEVENTY FIVE
THOUSAND DOLLARS AND NO CENTS ($2,375,000.00).
Heritage Road - ONE MILLION NINE HUNDRED FIFTY THOUSAND
DOLLARS AND NO CENTS ($1,950,000.00).
,.,
-.J-
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Phase 1 Backbone - ONE MILLION SEVEN HUNDRED FIFTY THOUSAND
DOLLARS AND NO CENTS ($1,750,000.00).
Total amount of security for Faithful Performance - TEN MILLION EIGHTY
ONE THOUSAND DOLLARS AND FIFTY CENTS ($10,081,000.00).
which security shall guarantee the faithful performance of this contract by Subdivider and
is attached hereto, marked Exhibit "A" and made a part hereof.
7. Subdivider further agrees to furnish and deliver to the City of Chula Vista,
simultaneously with the execution of this agreement, an approved improvement security from a
sufficient surety, whose sufficiency has been approved by the City in the sum of:
Santa Victoria Street - ONE MILLION FIVE HUNDRED THOUSAND
DOLLARS AND NO CENTS ($1,500,000.00).
Phase 2 East Backbone - TWO MILLION FIVE HUNDRED SIX THOUSAND
DOLL~RS AND NO CENTS ($2,506,000.00).
Phase 2 Backbone - TWO MILLION THREE HUNDRED SEVENTY FIVE
THOUSAND DOLLARS AND NO CENTS ($2,375,000.00).
Heritage Road - ONE MILLION NINE HUNDRED FIFTY THOUSAND
DOLLARS AND NO CENTS ($1,950,000.00).
Phase 1 Backbone - ONE MILLION SEVEN HUNDRED FIFTY THOUSAND
DOLLARS AND NO CENTS ($1,750,000.00).
Total amount of security for Faithful Performance - TEN MILLION EIGHTY
ONE THOUSAND DOLLARS AND FIFTY CENTS ($10,081,000.00).
to secure the payment of material and labor in connection with the installation of said
improvements, which security is attached hereto, marked Exhibit liB" and made a part hereof and
the bond amounts as contained in Exhibit "B", and made a part hereof.
8. Subdivider further agrees to furnish and deliver to the City of Chula Vista,
simultaneously with the execution of this agreement, an approved improvement security from a
sufficient surety, whose sufficiency has been approved by the City in the sum of ONE
HUNDRED TWENTY THOUSAND DOLLARS AND NO CENTS ($120,000.00) to secure the
installation of monuments, which security is attached hereto, marked Exhibit "C" and made a
part hereof.
9. It is further agreed that if the Improvement Work is not completed within the time
agreed herein, the sums provided by said improvement securities may be used by City for the
completion of the Improvement Work within said subdivision in accordance with such
specifications herein contained or referred, or at the option of the City, as are approved by the
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City Council at the time of engaging the work to be performed. Upon certification of completion
by the City Engineer and acceptance of said work by City, and after certification by the Director
of Finance that all costs hereof are fully paid, the whole amount, or any part thereof not required
for payment thereof, may be released to Subdivider or its successors in interest, pursuant to the
terms of the improvement security. Subdivider agrees to pay to the City any difference between
the total costs incurred to perform the work, including design and administration of construction
(including a reasonable allocation of overhead), and any proceeds from the improvement
security.
10. It is also expressly agreed and understood by the parties hereto that in no case will
the City of Chula Vista, or any department, board or officer thereof, be liable for any portion of
the costs and expenses of the work aforesaid, nor shall any officer, his sureties or bondsmen, be
liable for the payment of any sum or sums for said work or any materials furnished therefore,
except to the limits established by the approved improvement security in accordance with the
requirements of the State Subdivision Map Act and the provisions of Title 18 of the Chula Vista
Municipal Code.
11. It is further understood and agreed by Subdivider that any engineering costs
(including plan checking, inspection, materials furnished and other incidental expenses) incurred
by City in connection with the approval of the Improvement Work plans and installation of
Improvement Work hereinabove provided for, and the cost of street signs and street trees as
required by City and approved by the City Engineer shall be paid by Subdivider, and that
Subdivider shall deposit, prior to recordation of the Final Map, with City a sum of money
sufficient to cover said cost.
12. It is understood and agreed that until such time as all Improvement Work is fully
completed and accepted by City, Subdivider will be responsible for the care, maintenance of, and
any damage to, the streets, alleys, easements, water and sewer lines within the proposed
subdivision. It is further understood and agreed that Subdivider shall guarantee all
improvements for a period of one year from date of final acceptance and correct any and all
defects or deficiencies arising during said period as a result of the acts or omission of Subdivider,
its agents or employees in the performance of this agreement, and that upon acceptance of the
work by City, Subdivider shall grant to City, by appropriate conveyance, the improvements
constmcted pursuant to this agreement; provided, however, that said acceptance shall not
constitute a waiver of defects by City as set forth hereinabove.
13. It is understood and agreed that City, as indemnitee, or any officer or employee
thereof, shall not be liable for any injury to person or property occasioned by reason of the acts
or omissions of Subdivider, its agents or employees, or indemnitee, related to this agreement.
Subdivider further agrees to protect and hold the City, its officers and employees, harmless from
any and all claims, demands, causes of action, liability or loss of any sort, because of or arising
out of acts or omissions of Subdivider, its agents or employees, or indemnitee, related to this
agreement; provided, however, that the approved improvement security shall not be required to
cover the provisions of this paragraph. Suc~ indemnification and agreement to hold harmless
shall extend to damages to adjacent or dow~stream properties or the taking of property from
owners of such adjacent or downstream properties as a result of the constmction of said
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subdivision and the improvements as provided herein. It shall also extend to damages resulting
from diversion of waters, change in the volume of flow, modification of the velocity of the
water, erosion or siltation, or the modification of the point of discharge as the result of the
construction and maintenance of drainage systems. The approval of plans providing for any or
all of these conditions shall not constitute the assumption by City of any responsibility for such
damage or taking, nor shall City, by said approval, be an insurer or surety for the construction of
the subdivision pursuant to said approved improvement plans. The provisions of this paragraph
shall become effective upon the execution of this agreement and shall remain in full force and
effect for ten (10) years following the acceptance by the City of the improvements.
14. Subdivider agrees to defend, indemnify, and hold harmless the City or its agents,
officers, and employees from any claim, action, or proceeding against the City or its agents,
officers, or employees to attack, set aside, void, or annul, an approval of the City, advisory
agency, appeal board, or legislative body concerning a subdivision, which action is brought
within the time period provided for in Section 66499.37 of the Government Code of the State of
California.
15. Assignability. Upon request of the Subdivider, any or all on-site duties and
obligations set forth herein may be assigned to Subdivider's successor in interest if the City
Manager in his/her sole discretion determines that such an assignment will not adversely affect
the City's interest. The City Manager in his/her sole discretion may, if such assignment is
requested, permit a substitution of securities by the successor in interest in place and stead of the
original securities described herein so long as such substituted securities meet the criteria for
security as set forth elsewhere in this Agreement. Such assignment will be in a form approved
by the City Attorney.
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SIGNATURE PAGE ONE OF TWO
SUBDIVISION IMPROVEMENT AGREEMENT
OTA Y RANCH VILLAGE TWO "A" MAP
(CVT 06-05)
IN WITNESS WHEREOF, the parties hereto have caused this agreement to be executed
the day and year first hereinabove set forth.
THE CITY OF CHULA VISTA
Stephen C. Padilla
Mayor
ATTEST:
Susan Bigelow
City Clerk
Approved as to form by
Ann Moore
City Attorney
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SIGNATURE PAGE TWO OF TWO
SUBDIVISION IMPROVEMENT AGREEMENT
OTA Y RANCH VILLAGE TWO "A" MAP
(CVT 06-05)
OTA Y PROJECT L.P.,
A California limited partnership,
BY: OT A Y PROJECT, LLC,
a California limited liability company,
its General Partner,
BY: OTAY RANCH DEVELOPMENT, LLC.
a Delaware limited liability company,
its Authorized Member,
BY:
BY: OTA Y RANCH INVESTMENTS, LLC,
a Delaware limited liability company,
BY:
(Attach Notary Acknowledgment)
r
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LIST OF EXHIBITS
Exhibit "A"
Improvement Security - Faithful Performance
Form: Bond
Amount:
$10,081,000.00
Exhibit "B"
Improvement Security - Material and Labor:
Form: Bond
Amount:
$10,081,000.00
Exhibit "C"
Improvement Security - Monuments:
Form: Bond
Amount:
$120,000.00
Securities approved as to form and amount by
City Attorney
Improvement Completion Date: Two (2) years from date of City Council approval of the
Subdivision Improvement Agreement.
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THE ATTACHED AGREEMENT HAS BEEN REVIEWED
AND APPROVED AS TO FORM BY THE CITY
ATTORNEY'S OFFICE AND WILL BE
FORMALLY SIGNED UPON APPRO V AL BY
THE CITY COUNCIL
.~
Ann Moore
City Attorney
Dated: ~ jlT-'/'{) C
Approving the Supplemental Subdivision Improvement Agreement
For the completion of improvements required by said subdivision
For the Final "A" Map of CV Tract No. 06-05
Otay Ranch Village Two and Portions of Village Four
14-22
RECORDING REQUEST BY:
Exhibit B
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City Clerk
WHEN RECORDED MAIL TO:
CITY OF CHULA VISTA
276 Fourth Avenue
Chula Vista, CA 91910
No transfer tax is due as this is a
conveyance to a public agency of
less than a fee interest for which
no cash consideration has been paid
or received.
Developer
Above Space for Recorder's Use
OR-805F
SUPPLEMENTAL SUBDIVISION IMPROVEMENT AGREEMENT
FOR THE OTAY RANCH VILLAGE 2 & PORTIONS OF VILLAGE 4 "A" MAP
(Conditions: lthrough 170 of Resolution No. 2006- )
This Supplemental Subdivision Improvement Agreement ("Agreement") is made this day
of , 2006, by and between THE CITY OF CHULA VISTA, California ("City" or
"Grantee" for recording purposes only) and the signators of this Agreement, Otay Project, LP, a
California Limited Partnership, and Otay Ranch Investments, LLC. (referred to as "Developer"),
with reference to the facts set forth below, which recitals constitute a part of this Agreement:
RECITALS
A. This Agreement concerns and affects certain real property located in Chula Vista, California,
more particularly described on Exhibit "A" attached hereto and incorporated herein ("Property").
The Property is part of Otay Ranch Village 2 and portion of Village 4, a master planned
development. For purposes of this Agreement the term "project" shall also mean "Property".
Developer has applied for a final map for the Property, more specifically known as Otay Ranch
Village 2 and Portions of Village 4 "A" Map.
B. Developer and/or Developer's predecessor in interest has applied for and the City has
approved Tentative Subdivision Map commonly referred to as Chu1a Vista Tract 06-05
("Tentative Subdivision Map") for the subdivision of the Property.
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D. The City has adopted Resolution No. 2006- ("Resolution") on May 23,
2006, pursuant to which it has approved a Tentative Subdivision Map subject to certain
conditions as more particularly described in the Resolution.
E. City is willing, on the premises, security, terms and conditions herein contained to
approve the final map of the property known as Otay Ranch Village 2 and portion of Village 4
"A" Map ("Final Map") as being in substantial conformance with the Tentative Subdivision Map
described in this Agreement. Developer understands that subsequent final maps may be subject
to the same security, terms and conditions contained herein.
F. The following defined terms shall have the meaning set forth herein, unless otherwise
specifically indicated:
1. For the purposes of this Agreement, "Final Map" means the final map for
Otay Ranch Village 2 and portion of Village 4 "A" Map.
2. "Owner or Developer" means the person, persons or entity having a legal
or an equitable interest in the property or parts thereof and includes Owner's successors-
in-interest and assignors of any property within the boundaries of the map. This includes
Otay Project, LP and any and all owners of real property within the boundaries of the
Property, and all signatories to this Agreement
3. "Guest Builder" means those entities obtaining any interest in the Property
or a portion of the Property, after the Final Map has been recorded.
4. "PFFP" means the Otay Ranch Village Two, Three and Portions of Village
Four SPA Plan Public Facilities Finance Plan adopted by Resolution No. as
may be amended from time to time.
5. "RMP 2" means the Otay Ranch Resource Management Plan, Phase 2,
approved by the City Council on June 4, 1996, as may be amended from time to time.
6. "Preserve/Owner Manager" is the entity or entities defined by the RMP 2
with the duties and responsibilities described therein.
7. "Village Two, Three and portion of Four SPA" means the Village Two,
Three and portion of Four Sectional Planning Area Plan as adopted by the City Council
on May 23,2006 pursuant to Resolution No. 2006-
8. "Addendum" means the Addendum to the Final Second-Tier
Environmental Impact Report 02-02 considered by City Council on May 23, 2006.
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NOW, THEREFORE, in exchange for the mutual covenants, terms and conditions herein
contained, the parties agree as set forth below.
1. Performance Obligation. Otay Project LP, signator to this Agreement, represents
to the City that it is acting as the master developer for this Project and expressly assumes
performance of the all obligations of this Agreement. Notwithstanding the foregoing, all parties
to this agreement acknowledge and agree that all such obligations remain a covenant nmning
with the land as set forth more particularly in paragraph 2 below. The City in its discretion will
make a good faith effort to execute on bonds securing the obligations contained herein to the
extent necessary to complete any unfulfilled obligations of the master developer.
2. Agreement Applicable to Subsequent Owners.
a. Agreement Binding Upon Successors. This Agreement shall be binding
upon and inure to the benefit of the successors, assigns and interests of the parties as to
any or all of the Property until released by the mutual consent of the parties.
b. Agreement Runs with the Land. The burden of the covenants contained in
this Agreement ("Burden") is for the benefit of the Property and the City, its successors
and assigns and any successor in interest thereto. City is deemed the beneficiary of such
covenants for and in its own right and for the purposes of protecting the interest of the
community and other parties public or private, in whose favor and for whose benefit of
such covenants running with the land have been provided without regard to whether City
has been, remained or are owners of any particular land or interest therein. If such
covenants are breached, the City shall have the right to exercise all rights and remedies
and to maintain any actions or suits at law or in equity or other proper proceedings to
enforce the curing of such breach to which it or any other beneficiaries of this Agreement
and the covenants may be entitled.
c. Developer Release on Guest Builder Assignments. If Developer assigns
any portion of the Project to a guest builder, Developer may request to be released from
Developer's obligations under this Agreement, that are expressly assumed by the guest
builder. Developer must obtain the written consent of the City to such release. Such
assignment to the guest builder shall, however, be subj ect to this Agreement and the
Burden of this Agreement shall remain a covenant running with the land. The City shall
not withhold its consent to any such request for a release so long as the assignee
acknowledges that the Burden of the Agreement runs with the land, assumes the
obligations of the Developer under this Agreement, and demonstrates, to the satisfaction
of the City, its ability to perform its obligations under this Agreement as it relates to the
portion of the Project which is being acquired by the Assignee.
d. Partial Release of Developer's Assignees. If Developer assigns any portion
of the Project subject to the Burden of this Agreement, upon request by the Developer or
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14-25
its assignee, the City shall release the assignee ofthe Burden of this Agreement as to such
assigned portion if such portion has complied with the requirements of this Agreement to
the satisfaction of the City and such partial release will not, in the sole discretion of the
City, jeopardize the likelihood that the remainder of the Burden will not be completed.
e. Release of Individual Lots. Upon the occurrence of any of the following
events, Developer shall, upon receipt of the prior written consent of the City Manager (or
Manager's designee), have the right to release any lot(s) from Developer's obligation
under this Agreement:
1. The execution of a pu~chase agreement for the sale of a residential 'lot to a
buyer of an individual housing unit;
11. The conveyance of a lot to a Homeowner's Association.
The City shall not withhold its consent to such release so long as the City finds in good faith that
SLlch release will not jeopardize the City's assurance that the obligations set forth in this
Agreement will be performed. At the request of the Developer, the City Manager (or Manager's
designee) shall execute an instrument drafted by Developer in a recordable fomi acceptable to
the City Manager (or Manager's designee), which confirms the release of such lot or parcel from
the encumbrance of this Agreement.
Notwithstanding the foregoing, i) at the close of an individual homeowner's escrow, or ii)
conveyance to a homeowner's association of any lot or parcel encumbered by this Agreement,
sLlch lot or parcel shall be automatically released from the encumbrance hereof.
3. Condition No.1 - (General Preliminary) In satisfaction of Condition No.1 of
the Resolution, Developer hereby agrees that 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.
4. Condition No.2 - (General Preliminary) In satisfaction of Condition No.2 of
the Resolution, Developer hereby agrees to comply with all requirements and guidelines of the
City of Chula Vista General Plan; the City's Growth Management Ordinance; Chula Vista
Landscape Manual; Chula Vista Design Manual; Otay Ranch General Development Plan, Otay
Ranch Resource Management Plan, Phase 1 and Phase 2; Ranch Wide Affordable Housing Plan;
Otay Ranch Overall Design Plan; Village Two, Three and a Portion of Four Sectional Planning
Area (SPA) and Tentative Maps (TMs) Final Second-Tier Environmental hnpact Report (Final
EIR 02-02) and associated Mitigation Monitoring and Reporting Program (MMRP); Otay Ranch
Village Two, Three and a Portion of Four Sectional Planning Area (SPA) Plan and supporting
documents including: Public Facilities Finance Plan (PFFP); Parks, Recreation, Open Space and
Trails Plan; SPA Affordable Housing Plan, Air Quality hnprovement Plan (AQIP), Water
Conservation Plan (WCP); and the Non-Renewable Energy Conservation Plan as amended from
time to time, unless specifically modified by the appropriate department head, with the approval
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of the City Manager. Developer further agrees that 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.
5. Condition No.3 - (General Preliminary) In satisfaction of Condition No.3 of
the Resolution, Developer hereby agrees that if any of the terms, covenants or conditions
contained herein shall fail to occur or if they are, by their terms, to be implemented and
maintained over time, if any of such conditions fail to be so implemented and maintained
according to their terms, the City shall have the right to revoke or modify all approvals herein
granted including issuance of building permits, deny, or further condition the subsequent
approvals that are derived from the approvals herein granted, institute and prosecute litigation to
compel their compliance with said conditions or seek damages for their violation. Developer
acknowledges that Developer 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. (Planning)
6. Condition No.4 - (General Preliminary) In satisfaction of Condition No.4 of
the Resolution, Developer hereby agrees to 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 Village Two, Three and a Portion of Four SPA, Tentative Maps,
and Second Tier EIR (ErR 02-02 ) and subsequent environmental review for the Project and any
or all entitlements and approvals issued by the City in connection with the Project.
7. Condition No.5 - (General Preliminary) In satisfaction of Condition No.5 of
the Resolution, Developer hereby agrees to comply with all applicable Village Two, Three and a
Portion of Four SPA conditions of approval, as may be amended from time to time.
8. Condition No.6 - (General Preliminary) In satisfaction of Condition No.6 of
the Resolution, Developer hereby agrees to prior to approval of First Final "B" Map for the
Project prepare and submit, to the satisfaction of, and as deemed necessary by the Director of
Planning & Building, an updated Sectional Planning Area (SPA) Plan, and s:upporting regulating
documents including, but not limited to text, exhibits, and tables for the Village Two, Three and
a Portion of Four SP A Plan; Planned Community District Regulations; Village Design Plan;
Public Facilities Finance Plan; Affordable Housing Plan Air Quality Improvement Plan; Water
Conservation Plan; Non-Renewable Energy Conservation Plan; Parks, Recreation, Open Space
and Trails Plan; and applicable environmental documents.
9. Condition No.7 - (General Preliminary) In satisfaction of Condition No.7 of
the Resolution, Developer hereby agrees that any and all agreements that the Developer is
required to enter in hereunder shall be in a form approved by the City Attorney.
10. Condition No.8 - (General Preliminary) In satisfaction of Condition No.8 of
the Resolution, Developer hereby acknowledges that a reserve fund program has been
established by Resolution No. 18288 for the funding of the Fiscal Impact of New Development
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(FIND) Model for the Otay Ranch Project. Developer agrees to provide funds to the Reserve
Fund as required by the Reserve Fund Program. Pursuant to the provisions of the Growth
Management Ordinance and the Otay Ranch General Development Plan (GDP), the Developer
agrees to participate in the funding of the preparation of an annual report monitoring the
development of the community of Otay Ranch. Developer further agrees that the annual
monitoring report will analyze the supply of, and demand for, public facilities and services
governed by the threshold standards and that an annual review shall commence following the
first fiscal year in which residential occupancy occurs in the Project and is to be completed
during the second quarter of the following fiscal year. Developer further agrees that the annual
report shall adhere to the GDP/SRP, as amended from time-to-time.
11. Condition No.9 (General Preliminary) In satisfaction of Condition No.9 of the
Resolution, Developer hereby agrees that in accordance with the mitigation measure of the Final
EIR 02-02 and associated MMRP, no units within the project area shall be constructed which
would result in the total number of units within the Eastern Territories exceeding 8,999 units,
prior to the construction of SR-125 between SR-54 and the International Border. Developer
further agrees that notwithstanding the foregoing, the City may issue additional building permits
if the City Council, in its sole discretion, determines that each of the following conditions have
been met: (1) SR-125 is constructed and open between SR-54 and Olympic Parkway; and (2)
traffic studies, prepared to the satisfaction of the City Engineer and the City Council,
demonstrate that the opening of SR-125 to Olympic Parkway provides additional capacity to
mitigate the project's cumulative significant traffic impacts to a level below significance without
exceeding GMOC traffic threshold standards. Developer further agrees that alternatively, the
City may issue building permits if the City Council, in its sole discretion, has approved an
alternative method to implement the City's Growth Management Ordinance, as may be amended
from time to time.
12. Condition No. 10 - (General Preliminary) In satisfaction of Condition No. 10 of
the Resolution, Developer hereby agrees to comply with the terms of the Conveyance
Agreement, as may be amended from time to time, adopted by Resolution No. 18416 by the City
Council on October 22, 1996 ("Conveyance Agreement"), to the satisfaction of the Director of
Planning & Building.
13. Condition No. 11 - (Environmental) In satisfaction of Condition No. 11 of the
Resolution, Developer hereby agrees to implement, to the satisfaction of the Director of Planning
& Building and Environmental Review Coordinator, all environmental impact mitigation
measures identified in Final EIR 02-02 (SCH# 2003091012), the candidate CEQA Findings and
MMRP for this Proj ect.
14. Condition No. 12 - (Environmental) In satisfaction of Condition No. 12 of the
Resolution, Developer hereby agrees to comply with all applicable requirements of the
California Department of Fish and Game, the California State Water Resources Quality Control
Board, the U.S. Fish and Wildlife Service and the U.S. Anny Corps of Engineers. Developer
further agre~s that prior to any activity that may potentially impact biological resources, such as
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clearing and grubbing, the Developer shall comply with all applicable requirements prescribed in
Final ErR 02-02 (SCH# 2003091012) and MMRP.
15. Condition No. 13 - (Take Permit) In satisfaction of Condition No. 13 of the
Resolution, Developer hereby agrees to apply for and receive a take permit/authorization from
the U.S. Fish and Wildlife Service and California Department of Fish and Game, or comply with
the approved City of Chula Vista MSCP Subarea Plan, if applicable to the Project.
16. Condition No. 14 - (Preserve Conveyance) In satisfaction of Condition No. 14
of the Resolution, Developer hereby agrees to prior to the approval of each final "B" Map for the
Project, comply with all requirements and policies of the Otay Ranch Resource Management
Plan (RMP) approved by City Council on October 28, 1993, and the Otay Ranch, Phase 2
Resource Management Plan (RMP 2) approved by City Council on lime 4, 1996, as either may
be amended from time to time by the City.
17. Condition No. 15 - (Environmental) In satisfaction of Condition No. 15 of the
Resolution, Developer hereby agrees prior to the issuance of the first grading permit (including
clearing and grubbing) for the Project, the Developer shall comply with the requirements of the
RMP, Phase Two, Resource Management Plan to the satisfaction of the Director of Planning &
Building.
18. Condition No. 16 - (Compliance) In satisfaction of Condition No. 16 of the
Resolution, Developer hereby agrees to prior to the approval of each Final "B" Map for the
Project, Developer shall comply with all requirements of the Village Two, Three and a Portion of
Four SPA Plan Agricultural Plan.
19. Condition No. 17 - (POM) In satisfaction of Condition No. 17 of the Resolution,
Developer hereby agrees to convey fee title, or upon the consent of the Preserve Owner!
Manager (PaM) and any lien holder, an easement restricting use of the land to those permitted
by the Otay Ranch Resource Management Plan (RMP), to the paM upon the recordation of each
Final Map for an amount of land equal to the Final Map's obligation to convey land to the
Preserve. Where an easement is conveyed, the Developer agrees to provide subordination of any
prior lien holders in order to ensure that the POM has a first priority interest in such land. Where
consent and subordination cannot be obtained, the Developer shall convey fee title. Where fee
title or an easement is conveyed, access to the satisfaction of the paM shall also be conveyed.
Where an easement is granted, each Final Map is subject to a condition that fee title shall be
granted upon demand by the paM. The developer further agrees to maintain and manage the
offered conveyance property consistent with Phase 1 and 2 RMP guidelines until such time when
the paM has accepted the conveyance property.
20. Condition No. 18 - (Environmental) In satisfaction of Condition No. 18 of the
Resolution, Developer hereby agrees to prior to approval of the First Final "B" Map for the
Project, annex the Project area into Improvement Area "A" of the Otay Ranch Preserve
Maintenance District (CFD. No. 97-02).
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21. Condition No. 19 - (Environmental) In satisfaction of Condition No. 19 of the
Resolution, Developer hereby agrees prior to approval of the First Final "B" Map for the Project
to satisfy the preserve conveyance obligation for the non-arterial roads, future reciprocal private
easements and utility easements included in "Chula Vista Tract No. 06-05 Otay Ranch Village 2
and Portions of Village 4 "A" Map" as said conveyance obligation is set forth in the Otay Ranch
Resource Management Plan (RMP) approved by City Council on October 28, 1993, and the Otay
Ranch Phase 2 Resource Management Plan (RMP 2) approved by City Council on June 4, 1996,
as either document may be amended from time to time by the City.
22. Condition No. 20 - (Noise Barrier) In satisfaction of Condition No. 20 of the
Resolution, Developer hereby agrees to prior to approval of building permit for single-family
areas where second floor exterior noise levels exceed 65 CNEL, an acoustical analysis shall be
performed ensuring that interior noise levels due to exterior sources will be at or below 45
CNEL.
23. Condition No. 21 - (Noise Barrier) In satisfaction of Condition No. 21 of the
Resolution, Developer hereby agrees to prior to approval of design review permits for multi-
family areas where first and/or second floor exterior noise levels exceed 60 CNEL, an acoustical
analysis shall be performed ensuring that interior noise levels due to exterior sources will be
below 45 CNEL.
24. Condition No. 22 - (Compliance) In satisfaction of Condition No. 22 of the
Resolution, Developer hereby agrees to conditions of approval are based upon the project having
multiple Final Maps for the entire subdivision, which shall be referenced hereinafter as "Final
'B' Maps". A Final "B" Map is defined as a Final subdivision or parcel map, filed in accordance
with the Subdivision Map Act and the Chula Vista Municipal Code, which proposes to subdivide
land into individual single or multi-family lots, or contains a subdivision of the multi-family lots
shown on the Tentative Map. The "B" Map shall be in substantial conformance with the related
approved Final "A" Map and Tentative Map. Unless otherwise specified, all conditions and code
requirements listed below shall be fully completed to the City Engineer's satisfaction prior to
approval of the first Final 'B' Map.
25. Condition No. 23 - (Compliance) In satisfaction of Condition No. 23 of the
Resolution, Developer hereby agrees to prior to approval of the First Final "B" Map for the
Project within the Tentative Map, the developer may submit and obtain the approval of the City
of a master Final Map ("A" Map) over the portion of the tentative map within each area showing
"super block" lots corresponding to the units and phasing or combination of units and phasing
thereof. Said "A" Map shall also show open space lot dedications, the backbone street
dedications and utility easements required to serve the "super block" lots created by this "A"
Map. All "super block" lots created by this "A" Map or parcel map shall have access to a
dedicated public street. A lot line adjustment, if utilized in accordance with City standards and
procedures, shall not be considered the first "A" Map. The "A" Map may contain single-family
residential units.
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26. Condition No. 24 - (Multi-Family) In satisfaction of Condition No. 24 of the
Resolution, Developer hereby agrees that any subsequent development of a multi-family lot
which does not require the filing of a "B" Map shall meet, prior to issuance of a building permit
for that lot, all the applicable conditions of approval of the Tentative Map, as determined by the
City Engineer.
27. Condition No. 25 - (Oversizing) In satisfaction of Condition No. 25 of the
Resolution, Developer hereby agrees that in the event of a filing of a Final "B" Map which
requires oversizing of the improvements necessary to serve other properties within the Project,
said Final Map shall be required to install all necessary improvements to serve the project plus
the necessary oversizing of facilities required to serve such other properties (in accordance with
the restrictions of state law and City ordinances).
28. Condition No. 26 - (Joint Use Agreement) In satisfaction of Condition No. 26 of
the Resolution, Developer hereby agrees to enter into a Joint Use Agreement with the City of
Chula Vista, and City of San Diego in a form acceptable to the City Attorney for all public
facilities crossing City of San Diego fee title land and/or easements prior to the issuance of the
588th Building Permit for the Project. Said Agreement shall be approved by the City Engineer
as to content and the City Attorney as to form prior to execution. Furthermore the Developer
agrees to be responsible for any payment to City of San Diego for any Right-of-Way crossing the
City of San Diego land and easements.
29. Condition No. 27 - (Joint Use Agreement) In satisfaction of Condition No. 27 of
the Resolution, Developer hereby agrees to provide an executed Joint Use Agreement prior to
the issuance of the 588th Building Permit or prior to the issuance of the grading permit that
includes areas where City right-of-way or City facilities cross existing fee title land and/or
easements owned by the City of San Diego which ever occurs first. Work proposed within
another agency's easement and/or fee title land will require the authorized representative of the
agencies signature on the applicable plans prior to permit issuance (i.e., Landscape and
Irrigation, Grading and or Improvement Plans).
30. Condition No. 28 - (Mixed Use Lots/Industrial Lot) In satisfaction of Condition
No. 28 of the Resolution, Developer hereby agrees to prior approval of any building permit for
Planning Areas MU-l, MU-2, MU-3, C-l, and IND-l to obtain a Certificate of Compliance or
Final Map as approved by the City of Chula Vista for said lots. A note shall be place on the
Final "A" Map for the Project designating those Planning Areas MU-l (Lot 14), MU-2 (Lot 9),
MU-3 (Lot 4), C-l (Lot 5), and IND-l (Lots 28 & 29) as non-buildable lots until such time as
City Engineer approves the Certificate of Compliance or the Final.
31. Conditions Nos. 29 & 30 - (Sign age) In satisfaction of Conditions Nos. 28 & 29
of the Resolution, Developer hereby agrees to the following:
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a) Prior to the approval of First Final "B" Map Developer shall submit for
review and approval by the Director of Planning & Building any proposed
monumentation/signage. Said monumentation/signage shall be consistent with the
Village Two, Three and a Portion of Four Village Design Plan.
b) Prior to issuance of the first building permit for the Proj ect, Developer shall
submit for review and approval a sign program to the Director of Planning & Building.
c) Prior to issuance of the first building permit for the Project, Developer shall
post temporary signs on all neighborhoods within the Project indicating the future land
use(s) for said sites with signage consistent with the sign program. Temporary signs shall
be maintained in place until such time as a project is approved for any such future land
use site.
32. Condition No. 31 - (Slopes) In satisfaction of Condition No. 31 of the
Resolution, Developer hereby agrees to that 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 1,500 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 subject to the requirements of the
[applicable] Fire Protection Plan. Landscape and irrigation plans for private slopes shall be
reviewed and approved by the Director of Planning & Building prior to approval of the
corresponding Final Map.
33. Condition No. 32 - (Parkways) In satisfaction of Condition No. 32, of the
Resolution, Developer hereby agrees to that street parkways shall be no less than 7.5 feet in
width for the planting area, except as approved by the City Engineer and Director of Public
Works. The Developer shall plant trees within said parkways which have been selected from the
list of appropriate tree species described in the Village Two, Three and a Portion of Four Design
Plan, Village Two, Three and a Portion of Four SPA Plan and Landscape Master Plan and shall
be approved by the Directors of Planning & Building, General Services and Public Works. The
Developer shall provide root barriers and deep watering irrigation systems for the trees, as
approved by the Director of General Services and the Director of Public Works.
34. Condition No. 33 - (Street Trees) In satisfaction of Condition No. 33 of the
Resolution, Developer hereby agrees:
a) That a Preliminary Street Tree Improvement Plan shall be submitted for
review and subject to the approval of the Directors of Planning and Building and General
Services prior to or concurrent with the second submittal of Street Improvement Plans
within the subdivision.
b) To install all street trees in accordance with Section 18.28.10 of the Chula
Vista Municipal Code and that all street trees shall be planted in parkways, or as
otherwise approved by the City Engineer, and Directors of Planning and Building and
General Services.
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c) That prior to the installation of any dry utilities, including but not limited to
cable, telephone, gas or electric lines, Developer agrees to complete Preliminary Street
Tree Improvement Plans that show the location of all future street trees, which will be
subject to the review and approval of the City Engineer, and the Directors of Planning &
Building and General Services.
d) That prior to any utility installation, wood stakes shall be placed by the
Developer on site according to the approved Preliminary Street Tree Improvement Plans,
and shall be painted a bright color and labeled as future street tree locations.
e) To provide the City documentation, acceptable to the City Engineer, and the
Directors of Planning and Building and General Services, that all utility companies have
been given notice that no dry utility line shall be located within five feet of the wood
stake in any direction.
f) To maintain street tree identification stakes in the locations as shown on the
approved Preliminary Street Tree Improvement Plans until all dry utilities are in place.
35. Condition No. 34 - (SPA Signage) In satisfaction of Condition No. 34 of the
Resolution, Developer hereby agrees to prior to the First Final "B" Map for the Project, submit
and obtain approval by the City Engineer and the Director of Planning & Building a SPA-wide
signage plan. Such plan shall address trails, cart and off-street bicycle circulation and street
crossing. Such plan shall include sign colors, materials, heights, location and lighting.
Developer shall install approved signs concurrent with related improvements or upon request by
the City Engineer.
36. Condition No. 35 - (Public Improvements) In satisfaction of Condition No. 35
of the Resolution, Developer hereby agrees to dedicate for public use all the public streets shown
on the tentative map within the subdivision boundary. Developer further agrees to prior to the
approval of the first "A" Map and those "B" Maps, which trigger improvements as set forth in
the Village Two, Three and a Portion of Four PFFP, shall construct and secure all street
improvements as required by the PFFP, as may be amended from time to time. Developer
furthermore shall construct the public improvements and provide security satisfactory to the City
Engineer and City Attorney. .
37. Condition No. 36 - (Protective Fencing) In satisfaction of Condition No. 36 of
the Resolution, Developer hereby agrees to construct a protective fencing system at the iniets and
outlets of storm drain structures, as and when directed by the City Engineer. The final fencing
design and types of construction materials shall be subject to approval of the City Engineer.
38. Condition No. 37 - (Energy Dissipaters) In satisfaction of Condition No. 37 of
the Resolution, Developer hereby agrees to construct energy dissipaters at all storm drain outlets
as required by the City Engineer to maintain non-erosive flow velocities.
39. Condition No. 38 - (Offsite Right-of-Way) In satisfaction of Condition No. 38
of the Resolution, Developer hereby agrees to prior to approval of each Final Map for the
Project, acquire and then grant to the City all off-site rights-of-way and easements necessary for
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the installation of required street improvements and/or utilities identified for the applicable
Project, subject to the City's Subdivision Ordinance and the State Subdivision Map Act.
40. Condition No. 39 - (Improvement Construction) In satisfaction of Condition
No. 39 of the Resolution, Developer hereby agrees to, concurrent with approval of each Final
Map for the Project, submit Improvement Plans for the applicable neighborhood for review and
approval by the City Engineer, Director of General Services and the Director of Planning &
Building. Developer further agrees to secure in accordance with Section 18.16.220 of the
Municipal Code the construction and/or construct full street improvements for all on-site and off-
site streets as identified in the Otay Ranch Village Two, Three and a Portion of Four SPA PFFP,
as may be amended from time to time 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, traffic signals, signs, landscaping, irrigation, fencing, fire hydrants and street light
locations, subject to the approval of the City Engineer.
Developer further agrees to that the amount of the security for required improvements, including
landscape and irrigation plans, shall be 110% times a construction cost estimate approved by the
City Engineer and the Director of General Services if related plans have been approved by the
City, 150% times the approved cost estimate if related plans are being processed by the City or
200% times the construction cost estimate approved by the City Engineer and the Director of
General Services if related plans have not been submitted for City review. The landscape and
irrigation (L&I) bond, at a minimum, shall be based on a 90% complete Landscape Master Plan,
to the satisfaction of the Director of General Services.
41. Condition No. 40 - (PFFP) In satisfaction of Condition No. 40 of the Resolution,
Developer hereby agrees to construct and secure in accordance with Section 18.16.220 of the
Municipal Code, the required street improvements as listed in Table "A" below, in upon
approval of Final Map for the Project that triggers the Cumulative DU's and or Access/Frontage,
consistent with the Village Two, Three and a Portion of Four PFFP, as may be amended from
time to time, Developer furthermore agrees to construct or enter into an agreement to design,
secure, and construct in accordance with Section 18.16.220 of the Municipal Code the following
improvements per Table "A":
A
Heritage Road: between Olympic
Parkway and Santa Victoria
Heritage Road: between Santa
Victoria to Santa Lisa
Heritage Road: between Santa
AlP, 1st unit in Village 2 west of
Heritage Road or 1,008 EDUs2 in
Villa e 2 overall
AlP or 1,276 EDUs2 in Village 2
overall
AlPor 1,276 EDUs2 in Village 2
B
C
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Lisa to Street "J" North overall
D Heritage Road: between Street "J" NPor 1,276 EDUs 2 in Village 2
North to Street "J" South overall
E Heritage Road: between Street "J" NPor 1 ,276 EDUS2 in Village 2
South to Main Street 3 overall
Main Street: between Heritage NPor 1,276 EDUs2 Village 2
F Road to connect to existing III
improvements overall
G Santa Victoria: Olympic Parkway 1st EDU III Village2 west of
to Heritage Rd. Heritage Road
H Santa Diana & Santa Carolina: Nfl or 1,008 EDUS2 in Village 2
between Santa Victoria to State St. overall
I La Media Road: Santa Venetia to 1st EDU in Village 2
Birch Rd.
J State Street: between Santa 1st EDU in Village 2
Victoria to La Media Rd.
K La Media Rd: between Birch Rd to NPor with Park development
Park P-4 Entrance (Santa Luna)
Rock Mountain Rd: between East 2090 Residential EDUs2 in Village 2
L of Heritage Rd and/or Main St
within the SPA boundaries overall
M Santa Victoria: between Santa NPor 1,008 EDUs2 2 in Village 2
Carolina to State Street. overall
N Santa Victoria: between Santa 1st EDU in Village 2
Venetia to Santa Diana
0 Santa Victoria: between Heritage NP or 1 ,008 EDUs~ in Village 2
Road to Santa Carolina overall
1. NF: Access or Frontage - Roadways needed for continuity and minimum access: roadway
segment as determined by the City Engineer, is triggered with the first Final map which has
frontage on the roadway, or if roadway is required to provide access.
2. In terms of Equivalent Dwelling Units (EDU's) 1,276 residential units represents 1,276
equivalent dwelling units and 106 acres of industrial represents 1,276 EDU's based on SANDAG
rates. Commercial uses are not included in the EDU calculations.
42. Condition No. 41 - (Environmental) In satisfaction of Condition No. 41 of the
Resolution, Developer hereby agrees to street cross sections shall conform to the cross sections
shown on the Tentative Map, unless otherwise conditioned or approved herein. All other design
criteria shall comply with the current Chula Vista Design Standards, Chula Vista Street Design
Standards, and the Chu1a Vista Subdivision Manual unless otherwise conditioned or approved
herein.
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43. Condition No. 42 - (Multipurpose Pathway) In satisfaction of Condition No. 42
of the Resolution, Developer hereby agrees to design and construct a minimum 9-foot wide
multipurpose pathway along both sides of State Street and portions of Santa Victoria Road (from
State Street to 900' south). Developer shall install signage and striping to accommodate bicyclist
& pedestrian within the pathway as required by the City Engineer and Public Works Director.
44. Condition No. 43 - (Pedestrian Bridges) In satisfaction of Condition No. 43 of
the Resolution, Developer hereby agrees to prior to approval of the First Final "B" Map for the
Project shall form a Pedestrian Bridge DIF program, or, annex to the existing program's "Area
Benefit" in order to complete the financing for the two Pedestrian Bridges (the West Olympic
Parkway Pedestrian Over-crossing connecting Village One and Otay Ranch High School and
South La Media Road Pedestrian Over-crossing connecting Village Six and Village Two) and
Developer furthermore agrees to secure the construction of both Bridges.
45. Condition No. 44 - (Heritage Road) In satisfaction of Condition No. 44 of the
Resolution, Developer hereby agrees to prior to the issuance of a building permit for the 1,276
EDU shall design and construct Heritage Road between Olympic Parkway and Main Street. The
Developer may construct a 'Temporary Intersection' at Main Street and Heritage Road according
to the following requirements:
a. The intersection geometry shall be approved by the Chula Vista City
Engineer.
b. The design of the south leg of the intersection shall be reviewed with
representati ves of the Coors Amphitheater to ensure the design adequately accommodates
the high volume event traffic.
c. The intersection construction shall be coordinated with the Coors
Amphitheater event season and the construction phasing will need to be completed to the
satisfaction of the City Engineer.
d. Developer shall submit to the City Engineer, Civil Engineering drawings of
the intersection and concept plan of construction phasing
46. Condition No. 45 - (Wolf Canyon/Salt Creek Sewer) In satisfaction of
Condition No. 45 of the Resolution, Developer hereby agrees to prior to approval of the First
Final "B" Map that creates any parcel located within the Wolf Canyon/Salt Creek sewer basin
(with the exception of parcel P-4), grant the City the necessary right-of-way for construction of
full street improvements of the Heritage Road regional facility within the SPA Plan Boundary.
47. Condition No. 46 - (Traffic Signals) In satisfaction of Condition No. 46 of the
Resolution, Developer hereby agrees to prior to approval of any Final "B" Map for the Project
which triggers the installation of the related street improvements, enter into an agreement, to the
satisfaction of the City Engineer, to design, construct and secure fully activated traffic signals,
including interconnect wiring, mast arm, signal heads, and associated equipment underground
improvements, standards and luminaries at the intersections listed below. Developer further
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agrees to fully design the aforementioned traffic signal in conjunction with the improvement
plans for the related streets to the satisfaction of the City Engineer and conform to City Standards
INTERSECTIONS
Heritage Road & Olympic Parkway
Heritage Road & Santa Victoria Road
Heritage Road & Santa Liza Street
Heritage Road & Street "J" North
Heritage Road & Street "]" South
Heritage Road & Main Street
Olympic Parkway & Santa Victoria Road
Olympic Parkway & Santa Venetia Road
La Media Road & Santa Venetia Road
La Media Road & State Street
La Media Road & Santa Luna Street (Park Entrance)
48. Condition No. 47 - (Stripping Plans) In satisfaction of Condition No. 47 of the
Resolution, Developer hereby agrees to submit and obtain approval by the City Engineer of
striping plans for all promenade, collector or higher classification streets simultaneously with the
associated improvement plans.
49. Condition No. 48 - (Fire) In satisfaction of Condition No. 48 of the Resolution,
Developer hereby agrees to comply with the Fire Department's codes and policies for Fire
Prevention, and the requirements/recommendations contained in the approved Fire Protection
Plan, Urban-Wildland Interface Area for Village Two, as may be amended from time to time.
Developer furthermore agrees to prior to approval of the First Final "B" Map or the Project, a
fire access and water supply plan prepared by a licensed engineering firm, which has been
determined to be qualified in the sole discretion of the Fire Marshal, shall be submitted to for
approval by the City Of Chula Vista Fire Department. A signed and dated Chula Vista Fire
Department Access and Water Supply agreement shall accompany the above-mentioned
submittal. The plan shall detail how and when the Developer shall provide the following items
either prior to the issuance of building permit(s) for the Project, or prior to delivery of
combustible materials on any construction site on the Project, whichever occurs earlier:
a. Water supply consisting of fire hydrants as approved and indicated by the Fire
Department during plan check to the satisfaction of the Fire Department. Any temporary
water supply source is subject to prior approval by the Fire Marshal.
b. Emergency vehicle access consisting of a minimum first layer of hard asphalt
surface or concrete surface, with a minimum standard width of 20 feet.
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c. Street signs installed to the satisfaction of the City Engineer. Temporary
street signs shall be subject to the approval of the City Engineer and Fire Department.
Locations and identification of temporary street signs shall be subject to review and
approval by the City Engineer and Fire Department
50. Condition No. 49 - (Fire Hydrants) In satisfaction of Condition No. 49 of the
Resolution, Developer hereby agrees to depending on the location of improvements such as cul-
de-sacs, alleys, driveways or when special circumstances exist in a subdivision design, as
determined by the Fire Marshal, install additional fire hydrants upon request and to the
satisfaction of the Fire Department.
51. Condition No. 50 - (Turnaround) In satisfaction of Condition No. 50 of the
Resolution, Developer hereby agrees to construct a temporary turnaround or street
improvements, upon the request of and as determined necessary by the City Engineer and Fire
Marshal, at the end of temporarily stubbed streets greater than 150 feet in length (as measured
from the nearest street centerline intersection).
52. Condition No. 51 - (AASHTO) In satisfaction of Condition No. 51 of the
Resolution, Developer hereby agrees to design all vertical and horizontal curves and intersection
sight distances to conform to the CalTrans Highway Design Manual. All streets, which intersect
other streets at or near horizontal or vertical curves must meet intersection design sight qistance
requirements in accordance with City standards. Sight distance easements shall be granted as
necessary to comply with the requirements in the CalTrans Highway Design Manual and City of
Chula Vista policies, where a conflict exists, the City of Chula Vista policies shall prevail.
Lighted SAG vertical curves may be permitted, with the approval of the City Engineer, at
intersections per American Association of State Highway and Transportation Officials
(AASHTO) standards.
53. Condition No. 52 - (Waivers) In satisfaction of Condition No. 52 of the
Resolution, Developer hereby agrees to prior to approval of each Final Map for the Project, the
Engineer-of- Work shall submit and obtain approval by the City Engineer a waiver request for all
subdivision design items not specifically waived on the Tentative Map, and not conforming to
adopted City standards. The Engineer-of-work request shall outline the requested subdivision
design deviations from adopted City standards and state that in hislher professional opinion, no
safety issues will be compromised. The waiver is subject to approval by the .City Engineer in the
City Engineer's sole discretion.
54. Condition No. 53 - (Transit) In satisfaction of Condition No. 53 of the
Resolution, Developer hereby agrees to the following:
a. Fund and install Chula Vista transit stop facilities within the Tentative Map
boundary 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 Two, Three and a Portion of Four Design Plan and Village Two, Three and a
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Portion of Four PFFP and as approved by the Directors of Planning & Building and
Public Works.
b: Not protest the formation of any future regional benefit assessment district to
finance the MTDB San Diego Trolley, BRT System or other transit system.
55. Condition No. 54 - (ADA) In satisfaction of Condition No. 54 of the Resolution,
Developer hereby agrees to construct sidewalks and construct pedestrian ramps on all walkways
to meet applicable "Americans with Disabilities Act" standards and as approved by the City
Engineer. In the event the Federal Government adopts ADA standards for street rights-of-way,
which are in conflict with the standards and approvals contained herein, all such approvals
conflicting with those standards shall be updated to reflect those standards. Unless otherwise
required by federal law, City ADA standards may be considered vested, as determined by
Federal regulations, after construction has commenced.
56. Condition No. 55 - (Private Utilities) In satisfaction of Condition No. 55 of the
Resolution, Developer hereby agrees to not install privately owned water, reclaimed water, or
other utilities crossing any public street. The installation of sleeves for future construction of
privately owned facilities may be allowed subject to the review and approval of the City
Engineer 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; and,
ii. Maintain membership in an advance notice such as the USA Dig Alert
Service; and
Mark out any private facilities owned by the developer whenever work is
performed in the area; and,
iii. The terms of this agreement shall be binding upon the successors and
assigns of the developer.
b. Shutoff devices as determined by the City Engineer are provided at those
locations where private facilities traverse public streets. (Engineering)
57. Condition No. 56 - (Guardrail) In satisfaction of Condition No. 56 of the
Resolution, Developer hereby agrees to prior to issuance of any grading permit based on plans
proposing the creation of down slopes adjacent to public or private streets, shall obtain the City
Engineer's approval of a study to determine the necessity of providing guardrail improvements at
those locations. Developer furthermore agrees to construct and secure any required guardrail
improvements in conjunction with the associated construction permit as determined by and to the
satisfaction of the City Engineer. The guardrail shall be installed per CalTrans Traffic Manual
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and Roadside Design Guide requirements and American Association of State Highway and
Transportation Officials (AASHTO) standards to the satisfaction of the City Engineer.
58. Condition No. 57 - (Roundabout) In satisfaction of Condition No. 57 of the
Resolution, Developer hereby agrees to prior to approval of improvement plans that include
roundabouts, shall demonstrate compliance with stopping sight distance standards as determined
by the City Engineer and Director of Planning & Building.
59. Condition No. 58 - (Survey Monumentation) In satisfaction of Condition No.
58 of the Resolution, Developer hereby agrees to prior to the acceptance of Public Improvements
by the City Engineer & Public Works Director, shall have in place 5 (five) Horizontal control
points, and 21 (twenty-one) Vertical control points set pursuant to Sections 2-302.1(8) and 2-
302.3(1) of the City of Chula Vista Subdivision Manual, and Chapter 18.16.180 of the Chula
Vista Municipal code. Applicant shall also cause to be filed with the County of San Diego, a
Record of Survey; required pursuant to Section 8762 of the Professional Land Surveyors Act.
60. Condition No. 59 - (Storage Length) In satisfaction of Condition No. 12 of the
Resolution, Developer hereby agrees to Left and right turn storage lengths shall be provided as
recommended in the Linscott, Law and Greenspan Traffic Study for Village Two, Three and a
Portion of Four, dated November 2005, or as required by the City Engineer.
61. Condition No. 60 - (Traffic Count Stations) In satisfaction of Condition No. 60
of the Resolution, Developer hereby agrees to prior to the approval of the First Final "B" Map
for the Project, shall provide a cash deposit in the amount of$60,000.00 for the installation of six
permanent traffic count stations as listed below:
a. 2 count stations on Olympic Pkwy between Santa Venetia and Project
Westerly Boundary
b. 2 count stations along Heritage Road between Olympic Pkwy and Project's
Southerly boundary
c. 2 count stations along La Media Road between Santa Venetia Road and Santa
Luna Road
62. Condition No. 61 - (Drainage Improvements) In satisfaction of Condition No.
61 of the Resolution, Developer hereby agrees to provide drainage improvements in accordance
with the Master Drainage Study for Otay Ranch Village Two, Three and a Portion of Four, dated
February 16,2005, and the Preliminary Water Quality Technical Report for Otay Ranch Village
Two, Three and a Portion of Four, dated October 28, 200Sor a subsequent Hydrology Study, as
may be required, submitted to and approved by the City Engineer. Developer furthermore agrees
to maintain all such drainage improvements until said improvements are formally accepted by
the City or included as part of an applicable maintenance district, or other mechanism as
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approved by the City. Said maintenance shall ensure that drainage facilities will continue to
operate as designed.
63. Condition No. 62 - (Drainage Improvements) In satisfaction of Condition No.
62 of the Resolution, Developer hereby agrees to prior to approval of any grading permit or any
other grant of approval for constmcting the proposed extended detention and water quality
basins, whichever occurs earlier, the Developer shall demonstrate that the design of the proposed
extended detention and water quality basins will reduce the 2-, 10-, 25-, 50 and 1 DO-year post-
development peak flows, to any natural drainage course to an amount not exceeding pre-
development conditions, to the satisfaction ofthe City Engineer.
64. Condition No. 63 - (Drainage Improvements) In satisfaction of Condition No.
63 of the Resolution, Developer hereby agrees to when storm drain systems that collect water
from private property shall be designated private on grading and drainage and/or improvement
plans to the point of connection with a public system or to the point at which storm water that is
collected from public street right-of-way, public park or open space areas is first introduced into
the system. Downstream from that point, the storm drain system shall be public. An
encroachment permit shall be processed and approved by the City Engineer for private storm
drains within the public right-of-way or within CFD maintained Open Space lots.
65. Condition No. 64 - (Drainage Reports) In satisfaction of Condition No. 64 of
the Resolution, Developer hereby agrees to submit grading and drainage and/or improvement
plans, as applicable, hydrologic and hydraulic studies and calculations, including dry lane
calculations for all public streets. Calculations shall also be provided 'to demonstrate the
adequacy of downstream drainage stmctures, pipes and inlets.
66. Condition No. 65 - (Letter of Permission) In satisfaction of Condition No. 65 of
the Resolution, Developer hereby agrees to prior to the issuance of any grading permit which
impacts off-site property, shall deliver to the City, a notarized letter of permission to grade and
drain for all off-site grading.
67. Condition No. 66 - (Permits) In satisfaction of Condition No. 66 of the
Resolution, Developer hereby agrees to prior to acceptance of the maintenance responsibilities of
proposed detention basins, shall obtain permits for five years duration from all required
regulatory agencies.
68. Condition No. 67 - (Drainage Conformance) In satisfaction of Condition No. 67
of the Resolution, Developer hereby agrees that all storm drain design shall conform to the
requirements of the Subdivision Manual and the Grading Ordinance as may be amended from
time to time.
69. Conditions Nos. 68 & 69 - (Public Utilities Access) In satisfaction of Conditions
Nos. 68 & 69 of the Resolution, Developer hereby agrees to:
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a. Provide improved all-weather access with H-20 loading, based on a minimum
traffic index (TI) of 5, to all public storm drain clean-outs, inlets, outlets and basins or as
otherwise approved by the City Engineer and Public Works Director.
b. That all City maintenance access roads shall be 12' min. width and designed
for H-20 (min. TI of 5) loading.
c. Provide a minimum of 6-inch thick PCC (reinforced with #4 BAR at 18" on
center each way) and heavy broom finish for any access road with grades of 8% or
greater. All other access roads, shall be asphalt concrete designed to carry H-20 loading.
d. Additional or restricted paving requirements for the above may be required
when determined necessary at the discretion of the Director of Public Works-Operations
and in conformance with the environmental provisions for the Project.
70. Condition No. 70 - (Substantial Conformance) In satisfaction of Condition No.
70 of the Resolution, Developer hereby agrees to that all grading and pad elevations shall be
within 2 feet of the grades and elevations shown on the approved tentative map or as otherwise
approved by the City Engineer and Director of Planning & Building.
71. Condition No. 71 - (Easements) In satisfaction of Condition No. 71 of the
Resolution, Developer hereby agrees to grant on the appropriate Final "B" Map a IS-foot
minimum drainage and access easement for public storm drain lines located between residential
uni ts unless otherwise directed by the City Engineer. All other public easements shall meet City
standards for required width.
72. Condition No. 72 - (NPDES) In satisfaction of Condition No. 72 of the
Resolution, Developer hereby agrees that the Development of the subdivision shall comply with
all applicable regulations established by the United States Environmental Protection Agency
(US EP A) and as set forth in the National Pollutant Discharge Elimination System (NPDES)
Municipal Permit requirements by the San Diego Regional Water Quality Control Board for
urban nmoff and storm water discharge and any regulations adopted by the City of Chula Vista
pursuant to said regulations or requirements in effect at the time the development occurs.
Further, the Developer shall file a Notice of Intent with the State Water Resources Control Board
to obtain coverage under the NPDES General Permit for Storm Water Discharges Associated
with Construction Activity and shall implement a Storm Water Pollution Prevention Plan
(S\VPPP) concurrent with the commencement of grading activities. The SWPPP shall include
both construction and post construction pollution prevention and pollution control measures and
shJ II identify funding mechanisms for post construction control measures. The Developer, and
successors in interest, shall comply with all the provisions of the NPDES and the Clean Water
Program during and after all phases of the development process, including but not li.rrJ,i.ted to:
mass grading, rough grading, construction of street and landscaping improvements, and
construction of dwelling units. The Developer shall comply with the City of Chula Vista
Development and Redevelopment Projects Storm Water Management Standards Requirements
M8nLlal (Storm Water Management Standards Manual) and shall design the Project's storm
drains and other drainage facilities to include Best Management Practices (BMPs) to minimize
non-point source pollution, satisfactory to the City Engineer and Public Works Director.
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73. Condition No. 73 - (Erosion Control) In satisfaction of Condition No. 73 of the
Resolution, Developer hereby agrees to submit and obtain approval from the City Engineer and
Director of Planning & Building for an erosion and sedimentation control plan as part of grading
plans.
74. Condition No. 74 - (Drainage Facilities) In satisfaction of Condition No. 74 of
the Resolution, Developer hereby agrees to that all storm drain clean outs shall not be located on
slopes or in inaccessible areas for maintenance equipment. Public storm drains shall be installed
as close to perpendicular to the slope contours as possible but in no case greater than 15 degrees
from perpendicular to the contours.
75. Condition No. 75 - (Drainage Facilities) In satisfaction of Condition No. 75 of
the Resolution, Developer hereby agrees to that any brow ditches perpendicular to slopes greater
than 10 feet in height and steeper than 3: 1 gradient shall not be allowed. Drainage shall be
collected in an inlet and carried via underground storm drain to the bottom of the slope or a drain
inlet connected to an underground storm drain. The Developer furthermore agrees to ensure that
brow channels and ditches emanating from and/or running through City Open Space are not
routed through private property. Brow ditches and channels from private property shall not be
routed through City open space unless approved by the City Engineer.
76. Condition No. 76 - (Walls) In satisfaction of Condition No. 76 of the Resolution,
Developer hereby agrees to 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.
77. Condition No. 77 - (Lot Drainage) In satisfaction of Condition No. 77 of the
Resolution, Developer hereby agrees to locate lot lines at the top of slopes except as shown on
the Tentative Map or as approved by the City Engineer and Director of Planning & Building.
Lots shall be so graded as to drain to the street or an approved drainage system. Drainage shall
not be permitted to flow over slopes or onto adjacent property.
78. Condition No. 78 - (Walls) In satisfaction of Condition No. 78 of the Resolution,
Developer hereby agrees to provide a minimum of 3 feet of flat ground access from the face of
any City maintained wall to the beginning of the slope rounding for wall maintenance, unless
otherwise approved by the City Engineer.
79. Condition No. 79 - (Setback) In satisfaction of Condition No. 79 of the
Resolution, Developer hereby agrees to provide a setback, as determined by the City Engineer
and based on Developer's Soils Engineer recommendations, 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 will not approve
the creation of any lot that does not meet the required setback
~
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80. Condition No. 80 - (Temporary Basins) In satisfaction of Condition No. 80 of
the Resolution, Developer hereby agrees to construct temporary de-silting basins to the
satisfaction of the City Engineer. The exact design and location of such facilities shall be based
on hydrological modeling.
81. Condition No. 81 - (Drainage Study) In satisfaction of Condition No. 81 of the
Resolution, Developer hereby agrees to submit a drainage study to the satisfaction of the City
Engineer with each grading permit application showing that any interim conditions do not
adversely impact downstream flows.
82. Condition No. 82 - (Environmental) In satisfaction of Condition No. 82 of the
Resolution, Developer hereby agrees to prior to issuance of grading permits, shall demonstrate
that the grading plans are in substantial compliance with the grading concepts outlined in the
Village Two, Three and a Portion of Four SPA Plan consistent with the landform grading
policies described in the City's General Plan. Said grading concepts shall ensure that
manufactured slopes are contoured to blend with and reflect adjacent slopes.
,
83. Condition No. 83 - (NPDES) In satisfaction of Condition No. 83 of the
Resolution, Developer hereby agrees to the following:
a. Comply with the requirements of the Storm Water Management Standards
Manual including revision of approved grading and or improvement plans as necessary
b. Indemnify, and hold harmless the City, its elected and appointed officers and
employees, from and against all fines, costs, and expenses and damages arising out of
non-compliance with the requirements of the NPDES regulations, in connection with the
execution of any construction and/or grading work for the Project, whether the non-
compliance results from any action by the Developer, any agent or employee,
subcontractors, or others. The Developer's indemnification shall include any and all
costs, expenses, attorney's fees and liability incurred by the City.
c. To not protest the formation of facilities benefit district or any other funding
mechanism approved by the City to finance the operation, maintenance, inspection, and
monitoring of NPDES facilities. This agreement to not protest shall not be deemed a
waiver of the right to challenge the amount of any assessment, which may be imposed
due to the addition of these improvements and shall not interfere with the right of any
person to vote in a secret ballot election.
...
d. Such Developer obligation may be assigned to a Master Homeowner's
Association or other appropriate Maintenance District subj ect to the approval of the City
Engineer.
84. Condition No. 84 - (BMP) In satisfaction of Condition No. 84 of the Resolution,
Developer hereby agrees that Post-construction Best Management Practices, including site
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design, source control, and treatment control, shall be implemented apd maintained into
perpetuity in accordance with a City approved Water Quality Technical Report. The responsible
party and funding mechanism for the maintenance of post-construction BMPs shall be identified
in an agreement between the City and the Developer. The Developer or subsequent owners shall
maintain records of inspections and maintenance of all post-construction Best Management
Practices and make such records available for review by the City's Storm Water Compliance
Inspectors.
85. Condition No. 85 - (Sewer Access Points) In satisfaction of Condition No. 85 of
the Resolution, Developer hereby agrees that sewer access points shall, unless otherwise
approved by the City Engineer and the Director of Public Works:
a. Be located at the centerline of streets or cul-de-sacs; and,
b. Not be located on slopes or in inaccessible areas of maintenance equipment;
and,
c. Not be in the wheel tracks on Promenade Streets and higher street
classifications; and,
d. Meet Regional Standard Drawing M-4 (Locking) if located within
intersections of Class I Collectors and above; and,
e. Have improved all-weather paved 12-foot wide minimum access to withstand
a H-20 vehicle load as approved by the Director of Public Works; and,
f. Be provided at all changes of alignment of grade. (Engineering)
86. Condition No. 86 - (Wolf canyon/Salt Creek Sewer) In satisfaction of
Condition No. 86 of the Resolution, Developer hereby agrees to prior to approval of the first
Final "B" Map that creates any parcel located within the Wolf Canyon/Salt Creek sewer basin
(with the exception of parcel P-4), Developer shall design and construct the gravity sewer system
to convey flow from the southern portion of Village Two to Heritage Road and southerly to the
Salt Creek Interceptor.
87. Condition No. 87 - (Pump Sewer) In satisfaction of Condition No. 87 of the
Resolution, Developer hereby agrees to prior to approval of the first Final "B" Map or any other
grant of approval for any improvement proposing to pump the Village Four Park site (P-1)
sewage flows to Poggi Canyon sewer trunk, Developer shall accomplish the following:
"
a. Comply with all the requirements of Council Policy No. 570-03 (Sewage
Pump Station Financing Policy).
b. Enter into an agreement to construct and secure the construction, in
accordance with Section 18.16.220 of the Municipal Code, of those improvements
required to accomplishing the following:
c. Construction of pump station improvements and associated facilities
necessary to pump sewage flows to the Poggi Canyon sewer trunk.
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d. Removal, or other acceptable method of abandonment, of any existing, new,
and/or modified pLlmp stations, force mains, and associated improvements, to the
satisfaction of the City Engineer, upon completion of the Rock Mountain Road Sewer
Line.
e. Connection of the Project by gravity to the Rock Mountain Road Sewer Line,
to the satisfaction of the City Engineer, upon completion of the Rock Mountain Road
Sewer Line.
f. Provide and stub out sewer lateral for future connection to Rock Mountain
Road Sewer Line, as determined by the City Engineer. (Engineering)
88. Condition No. 88 - (Sewer) In satisfaction of Condition No. 88 of the Resolution,
Developer hereby agrees that the Village Two sewer improvements shall be consistent with the
Village Two, Three and a Portion of Four Conceptual Sewer Study, dated January 2006 or a
subsequent Sewer Study submitted to and approved by the City Engineer.
89. Condition No. 89 - (Sewer services) In satisfaction of Condition No. 89 of the
Resolution, Developer hereby agrees that for sewers serving 10 or less equivalent dwelling units
shall have a minimum grade of 1 % and/or a velocity of 2 feet per second, or as approved by the
City Engineer. Sewer lines shall be installed as close to perpendicular to the slope contours as
possible but in no case greater than 15 degrees from perpendicular to the contours.
90. Condition No. 90 - (Sewer Easements) In satisfaction of Condition No. 90 of the
Resolution, Developer hereby agrees to grant on the appropriate Final Map a 20-foot minimum
sewer and access easement for sewer lines located between residential units unless otherwise
directed by the City Engineer. All other easements shall meet City standards for required width.
91. Condition No. 91 - (Park IOD) In satisfaction of Condition No. 91 of the
Resolution, Developer hereby agrees to provide an Irrevocable Offer of Dedication (laD) to the
City on the First "A" Map for Neighborhood Park P-2 (7.1 net useable-acres), Neighborhood
Park P-3 (6.9 net useable-acres), and Community Park P-4 (42.0 net useable-acres). The park net
acreage and park Parkland Dedication Ordinance (PDO) credit to be received by the Developer
is based on net usable park acreage as determined by the Directors of General Services and
Recreation. '
/
92. Condition No. 92 - (Parks) In satisfaction of Condition No. 92 of the Resolution,
Developer hereby agrees to prior to the issuance of the 588th building permit for any dwelling
unit shall provide documentation to the City, that assigns irrevocable free and clear use and
access for park and recreation purposes over and upon all easements and fee owned parcels that
traverse any public park site, to the satisfaction of the Directors of Recreation, General Services,
and Engineering. Said documentation shall be approved by the Directors of Recreation, General
Services and Engineering as to content and approved by the City Attorney as to form prior to
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execution of said document and prior to the 588th building permit for any dwelling unit. No
park credit will be given for easements located in park.
93. Condition No. 93 - (Town Square) In satisfaction of Condition No. 93 of the
Resolution, Developer hereby agrees to prior to issuance of any building permit with the MU-1
site or the R-28 site shall commence construction of the Town Square lot P-1 (1.2 net useable
acres) to the satisfaction of the Director of General Services. Developer shall complete
construction of the Town Square within nine months of commencement of construction. The
term "complete construction" shall mean park construction has been completed according to the
City approved construction plans and been accepted by the Director of General Services.
94. Condition No. 94 - (Park Funds) In satisfaction of Condition No. 94 of the
Resolution, Developer hereby agrees to prior to approval of the First Final "B" Map for the
proj ect, shall deposit funds into a City of Chula Vista Finance Department account, in an amount
detennined by the Director of General Services, for use by the City for the preparation of site-
specific park master plans and related construction documents for the community park site (P-4)
and the two neighborhood park sites (P-2 and P-3). Said funds will serve as a proportional share
credit against the Developer's total PAD Fee obligation for the project.
95. Condition No. 95 - (PAD Fees) In satisfaction of Condition No. 95 of the
Resolution, Developer hereby agrees to prior to approval of each Final "B" Map, or prior to
issuance of building permits for residential units not requiring the filing of a Final "B" Map, the
Developer shall pay all applicable parkland acquisition and development fees (PAD Fees) to the
City in accordance with CYMC Chapter 17.10.
96. Condition No. 96 - (Park Sites) In satisfaction of Condition No. 96 of the
Resolution, Developer hereby agrees'to rough grade, provide all weather access to, and install
underground utilities to the property line of the Project park sites (P-l, P-2, P-3, and P-4) to the
satisfaction of the Directors of General Services, Engineering, and Recreation and the Fire
Marshal concurrent with the installation ofproject backbone streets for any portion of the project
adjacent to the park sites or upon request of the Director of General Services, whichever occurs
earlier.
97. Condition No. 97 - (Parks Grading) In satisfaction of Condition No. 97 of the
Resolution, Developer hereby agrees to submit to City for review by General Services
Department, as-graded topographic surveys capable of demonstrating that grading of Park sites
P-2, P-3, and all parcels of P-4 are in compliance with approved rough grading plans for the
sites. Said survey shall be prepared at Developers' own expense and shall not be credited toward
Developer PAD Fee obligation. The topographic survey shall be submitted ,at the request of the
Director of General Services. Any grading permit security held for the project shall not be
released until the respective Parks' net usable areas have been verified and approved by the
Director of General Services. If the survey indicates that the site fails to conform to the approved
grading plans, and to the City Of Chula Vista Grading Ordinance for any of the park sites, then
the Developer shall bring the site into conformance and incur the expenses associated with re-
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grading the sites as needed. Expenses incurred by the Developer to perform any corrective re-
grading of the sites shall not be credited toward the Developer PAD Fee obligation. Site re-
grading shall be completed with 60-days of notification of non-compliance.
98. Condition No. 98 - (Environmental) In satisfaction of Condition No. 98 of the
Resolution, Developer hereby agrees to prior to approval of the First Final "B" Map for the
Proj ect, comply with the provisions of the City of Chula Vista Parks and Recreation Master Plan
as adopted, as may be amended from time to time, and as it affects facility and other related
requirements for the Project's parks.
99. Condition No. 99 - (Reimbursement Agreement) In satisfaction of Condition
No. 99 of the Resolution, Developer hereby agrees to prior to the approval of the First "B" Map
for the Project, enter into a community park parkland reimbursement agreement with the City
for the purpose of addressing community park acreage within the project in excess of parkland
obligation related to the Project.
1 00. Condition No. 100 - (Park Fund Agreement) In satisfaction of Condition No.
99 of the Resolution, Developer hereby agrees to prior the approval of the First Final "B" Map
for the Project, enter into an agreement with the City to provide necessary funds, for the
preparation of additional site-specific park master plans and related construction documents in
the event the community park's site is constrained by the waterline fee title parcel and or
waterline easement as detennined by the Director of General Services. Said funds shall include
and not be limited to design, project management, staff time and overhead, above and beyond the
funds related to applicant's parkland development fee obligation, for the design of the
community park. Said agreement shall be in a form approved by the City Attorney. Developer
furthermore agrees to prior to the approval of the first "B" Map shall provide a surety bond, or
other form of security in an amount as determined by the Director of General Services, to
guarantee said additional funds.
101. Condition No. 101 - (Landscape Master Plan) In partial satisfaction of
Condition No. 101 of the Resolution, Developer hereby agrees to prior to the approval of the
First Final "B" Map for the Project, shall have received approval from the Director of General
Services of a comprehensive Landscape Master Plan (LMP) for the Project. Such approval shall
be indicated by means of the Director of Planning & Building, or designee's signature and date
on said Plan. The contents of the LMP shall conform to the City staff checklist and include the
following major components:
a. Maintenance Responsibility Plan (delineates private and public property and
indicates the maintenance responsibility for each);
b. Master Irrigation Plan (includes mainline and point of connection locations);
c. Master Planting Plan (includes landscape concept statement);
d. Bmsh Management Plan (identifies brush management zones and treatment, if
any);
e. Hardscape Concept and Trail Plan (identifies types and finishes of paving);
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f. Utility Coordination Plan (includes locations of major utility boxes and
vaults);
g. Conceptual Wall and Fence Plan (includes the previously approved noise
barrier plan); and
h. Monumentation and Signage Plan (includes enlargements of entry monument
locations and signage concepts)
102. Condition No. 102 - (Grant of Easement & Maintenance Agreement)
In satisfaction of Condition No.1 02 of the Resolution, Developer hereby agrees to within
90 days of approval of the applicable Final "B" Map, Developer shall enter into a Grant
of Easements and Maintenance Agreement as necessary for landscaping and
improvements maintained by a Homeowners Association within City right-of-way or
such other public areas required by the City.
103. Condition No. 103 - (Landscape & irrigation) In satisfaction of Condition No.
103 of the Resolution, Developer hereby agrees to prior to the issuance of each grading permit
for the Project, the Developer shall prepare, submit, and secure to the satisfaction of the Director
of Planning & Building all landscape and irrigation slope erosion control plans. All plans shall
be prepared in accordance with the current Chula Vista Landscape Manual and Grading
Ordinance, as may be amended from time to time. Developer furthermore agrees to install
landscape and irrigation slope erosion control in accordance with approved plans no later than
six months from the date of issuance of the grading permit. If the work cannot be completed
within the specified time, the Developer may request an extension, which may be granted at the
discretion of the Director of Planning & Building. Such a request shall be submitted for
approval in writing to the Planning & Building Department sufficiently in advance of the end of
the six-month timeframe to allow processing of the extension. Notwithstanding the time of
installation of landscape, and irrigation slope erosion control, Developer shall remain in
compliance with NPDES.
104. Condition No. 104 - (Wall & Fence Plans) In satisfaction of Condition No. 104
of the Resolution, Developer hereby agrees to prior to the approval of any Final "B" Map for the
Project, shall obtain approval of a Wall and Fence Plan from the Director of Planning &
Building. The Wall and Fence Plan shall be in conformance with the Village Two, Three and
Portion of Four SPA plan and shall identify location of walls, constructions materials and color,
and wall and fence types. The plan shall also identify location and type of trial signage proposed
throughout the development. Final wall design, location and construction details, including
fencing and signage, shall be shown on the Wall and Fence Plans and shall be subject to approval
by the Director of Planning & Building.
105. Condition No. 105 - (Walls & Fence Plan) In satisfaction of Condition No. 105
of the Resolution, Developer hereby agrees that the conceptual Wall and Fence Plan for the
Project shall be included in the Project's Landscape Master Plan and shall indicate color,
materials, height and location. Materials and color used shall be compatible and all walls ,located
in comer side-yards or rear yards facing public or private streets or pedestrian connections shall
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be constructed of a decorative masonry and/or wrought iron material. View fencing shall be
provided at the ends of all other open cul-de-sacs where a sound wall is not required. All walls
shall be constructed pursuant to Final EIR 02-02 and the Village Two, Three and a Portion of
Four SPA Plan. Upon request of the Director of General Services, Developer shall update the
Project's Landscape Master Plan to conform to any substantial changes made subsequent to the
initial approval of the plan.
106. Condition No. 106 - (Landscape & irrigation Plans) In satisfaction of
Condition No. 106 of the Resolution, Developer hereby agrees to prior to the issuance of each
Street Construction permit for the Project, shall prepare and secure, to the satisfaction of the City
Engineer and the Director of General Services, street improvement Landscape and Irrigation
Improvement Plans. All plans shall be prepared in accordance with the current Chula Vista
Landscape Manual and the Village Two, Three and a Portion of Four SPA Plan, as may be
amended from time to time. Developer furthermore agrees to install all improvements in
accordance with approved plans to the satisfaction of the Director of General Services and the
City Engineer.
107. Condition No. 107 - (Trails) In satisfaction of Condition No. 107 of the
Resolution, Developer hereby agrees that all trails shall be bonded/secured prior to the approval
of the rough grading plans, and constructed to connect to adjoining existing and/or proposed
trails in neighboring development projects, as determined by the Directors of Planning &
Building and General Services.
108. Condition No. 108 - (Private Open Space) In satisfaction of Condition No. 108
of the Resolution, Developer hereby agrees to prior to the approval of any Final Map with
private open space lots for the Project, shall provide a trail easement to the City, in a form
approved by the City Attorney, for all trail alignments.
109. Condition No.1 09 - (Regional Trail) In satisfaction of Condition No. 109 ofthe
Resolution, Developer hereby agrees to concurrent with the construction of the La Media Road
improvements, construct a "Regional Trail" along the west side of the street from Olympic
Parkway to the projects southern boundary as depicted on the Parks, Trails and Open Space Plan
in the Village Two, Three and a Portion of Four SPA Plan, and shall be designed to incorporate
the Project's Landscape Master Plan as approved by the City and as may be amended from time
to time.
110. Condition No. 110 - (Retaining Walls) In satisfaction of Condition No. 110 of
the Resolution, Developer hereby agrees to keep any necessary retaining walls to a minimum
and/or if a grading solution can be found, retaining walls will not be used to gain additional
space for the street corridor unless approved as shown on the Tentative Map. The retaining walls
are to be located and detailed on all applicable grading plans for the Project, and subject to the
approval of the Directors of Planning & Building, Public Works and General Services. Slope
gradients may be increased to the maximum permitted in the grading ordinance in limited
locations to accommodate constraints such as maintenance access ways. Landform grading
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policies shall be observed and followed. If a combination of low retaining walls and modified
landform grading cannot accommodate any constraints or maintenance access areas, the top of
slope shall be adjusted, as approved by the City Engineer.
111. Condition No. 111 - (Trail Construction) In satisfaction of Condition No. 111
of the Resolution, Developer hereby agrees that neighborhood connector trails located within the
Project shall provide a minimum 6-foot wide decomposed granite (DG) where the grade is 2% or
less or cement treated base (CTB) trail bed where the grade is greater than 2%, or as approved by
the Director of General Services. Where down slopes (exceeding 4: 1) occur adj acent to the trail,
an additional 4-foot graded shoulder shall be provided with split-rail fencing centered in the
shoulder. Where up slopes occur adjacent to the trail a 2-foot shoulder (with a 2% maximum
cross-slope) shall be provided. Shoulders shall be planted and irrigated in accordance with the
most current edition of the Chula Vista Landscape Manual, as amended from time to time. All
trail constmction materials shall be subj ect to the approval of the Director of General Services.
112. Condition No. 112 - (Trial Signage) In satisfaction of Condition No. 112 of the
Resolution, Developer hereby agrees to obtain the approval of the Director of Planning &
Building for appropriate signage indicating location of trail connections, handicap access, and
bikeway locations to the Regional Trail, Village Pathway, and Chula Vista Greenbelt. Said
signage shall be included on the Wall and Fence Plan. Signage shall be installed upon the
request of the Director of Planning & Building.
113. Condition No. 113 - (ADA) In satisfaction of Condition No. 12 of the Resolution,
Developer hereby agrees to Developer agrees to comply with the current Regulatory Negotiation
Committee Recommendations for Accessibility Guidelines: Outdoor Developed Areas Final
Report, as may be amended from time to time, developed for: u.s. Architectural and
Transportation Barriers Compliance Board when designing all trails and trail connections.
114. Condition No. 114 - (CFD) In satisfaction of Condition No. 114 of the
Resolution, Developer hereby agrees to request the formation of a Community Facility District
for Maintenance (CFD) or similar funding mechanism prior to approval of the first Final Map
for the Project. Developer shall submit an application packet for formation of said Maintenance
District, and submit the request to the City Council for consideration. The Maintenance CFD
shall be formed prior to approval of the First Final "B" Map for the Project. If Council does not
approve the Maintenance CFD formation, another financing mechanism such as a Master
Homeowners Association or an endowment shall be established and submitted to the City
Council for consideration prior to approval of the First Final "B" Map for the Project. Subject to
the approval of the Director of Public Works and City Engineer, Developer shall submit a list of
amenities, acreage and costs for all Open Space lots including but not limited to the cost of any
detention basin maintenance and stmctural storm water quality BMP's within the Project.
Developer shall maintain the open space improvements for a minimum period of one year or
until such time as accepted into the open space district by the Director of Public Works.' Along
with submission of the application package for formation of the CFD, Developer shall submit an
initial cash deposit in an amount to be determined by the City Engineer to begin the process of
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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. The
Developer shall provide all the necessary information and materials (e.g., tables, diagrams, etc.)
required by the City Engineer for processing the formation of the proposed open space district.
115. Condition No. 115 - (MHOA) In satisfaction of Condition No. 115 of the
Resolution, Developer hereby agrees to prior to the approval of any Final Map with residential
uses, the developer shall:
a. Submit evidence, acceptable to the City Engineer and the Director of Planning
& Building of the formation of a Master Homeowner's Association (MHOA) for the
Project.. The MHOA shall be responsible for the maintenance of those landscaping
improvements that are not to be included in the proposed financial mechanism. The City
Engineer and the Director of Planning & Building may require that the Maintenance CFD
shall maintain some of those improvements. The final determination of which
improvements are to be included in the Open Space District and those to be maintained
by the MHOA shall be made during the Maintenance CFD Proceedings. The MHOA
shall be stmctured to allow annexation of future tentative map areas in the event the City
Engineer and Director of Planning & Building require such annexation of future tentative
map areas. The MHOA formation documents shall be subject to the approval of the City
Attorney; and, .
b. Submit and obtain approval of the City Engineer and the Director of Planning
& Building of a list of all Otay Ranch Village Two, Three and a Portion of Four SPA and
MHOA facilities and other items to be maintained by the proposed district. Separate lists
shall be submitted for the improvements and facilities to be maintained by the Open
Space District and those to be maintained by a Master Homeowner's Association.
Include a descliption, quantity and cost per year for the perpetual maintenance of said
improvements. These lists shall include but are not limited to the following facilities and
improvements:
i. All facilities located on open space lots to include but not be limited to:
walls, fences, water fountains, lighting structures, paths, trails,' access
roads, drainage stmctures and landscaping. Each open space lot shall also
be broken down by the number of acres of: 1) turf, 2) irrigated, and 3)
non-irrigated open space to aid in the estimation of a maintenance budget
thereof.
11. The proportional share of medians and parkways along La Media Road,
Olympic Parkway and all other street parkways proposed for maintenance
by the applicable Community Facilities District or Homeowners'
Association.
111. The detention basin located in Wolf Canyon.
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IV. All storm-water quality structural BMP's serving the Project.
116. Condition No. 116 - (Open Space IOD) In satisfaction of Condition No. 116 of
the Resolution, Developer hereby agrees to irrevocably offer for dedication in fee interest to the
City on all applicable Final Maps, those open space lots shown on the tentative map to be
maintained by an open space district.
117. Condition No. 117 - (Environmental) In satisfaction of Condition No. 117 of the
Resolution, Developer hereby agrees to prior to the approval of each Final "B" Map, Declaration
or Supplementary Declaration of Covenants, Conditions, and Restrictions (CC&R's) shall be
submitted and subject to the approval of the City Engineer. The CC&R's shall include the
following obligations of the Master Homeowners Association:
a. A requirement that the MHOA shall maintain comprehensive general liability
insurance against liability incident to ownership or use of the following areas:
1. All open space lots that shall remain private,
11. Other Master Association property.
b. Before any revisions to provisions of the CC&R's that may particularly affect
the City can become effective, said revisions shall be approved by the City. The MHOA
shall not seek approval from the City of said revisions without the prior consent' of 100
percent of the holders of first mortgages or property owners within the MHOA.
c. The MHOA shall defend, indemnify and hold harmless the City and its agents,
officers and employee from any claims, demands, causes of action liability or loss related
to or arising from the maintenance activities of the MHOA.
d. The MHOA shall not seek to be released by the City from the maintenance
obligations described herein without the prior consent of the City and 100 percent of the
holders of first mortgages or property owners within the MHOA.
e. The MHOA is required to procure and maintain a policy of comprehensive
general liability insurance written on a per occurrence basis in an amount not less than
one million dollars combined single limit. The policy shall be acceptable to the City and
name the City as additionally insured to the satisfaction of the City Attorney.
f. The CC&R's shall incorporate restrictions for each lot adjoining open space
lots containing walls maintained by the open space district to ensure that the property
owners know that the walls may not be modified or supplemented nor may they encroach
on City property.
g. The CC&R's shall include provisions assuring maintenance of all streets,
driveways, drainage and sewage systems which are private.
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h. The CC&R's shall include provisions assuring .MHOA membership In an
advance notice such as the USA Dig Alert Service in perpetuity.
i. The CC&R's shall include provisions that provide the City has the right but
not the obligation to enforce the CC&R provisions the same as any oWner in the Project.
j. The CC&R provisions setting forth restrictions in these Tentative Map
conditions may not be revised at any time without prior written permission of the City.
k. The MBOA shall not dedicate or convey for public streets, land used for
private streets without approval of 100% of all the BOA members or holder of first
mortgages within the MHOA.
l. The CC&R's shall prohibit "speed bumps" on private streets.
118. Condition No. 118 - (Notification) In satisfaction of Condition No. 118 of the
Resolution, Developer hereby agrees that future property owners shall be notified during escrow,
by a document to be initialed by the owners, of the maintenance responsibilities of the MHOA
and their estimated annual cost. Developer shall submit the document and obtain the approval of
the City Engineer and Director of Planning & Building prior to distribution through escrow,
which approval shall not be umeasonably withheld.
119. Condition No. 119 - (Community Purpose Facility) In satisfaction of Condition
No. 119 of the Resolution, Developer hereby agrees that the Community Purpose Facility (CPF)
lots shall be maintained by a maintenance entity as determined by the Director of Planning &
Building based on City Council policy. The facilities in the CPF lots being maintained by the
maintenance entity shall include, but are not limited to: pavements, sidewalks, street lights
including power supply, private drainage facilities and landscaping of private common areas.
The CPF Lot, Common Usable Open Space area as described in the Chula Vista Design Manual,
shall be landscaped, graded and contains amenities to the satisfaction of the Director Plarining &
Building. Construction shall be completed prior to the issuance ofthe final building permit.
120. Condition No. 120 - (Open Space Lots) In satisfaction of Condition No. 120 of
the Resolution, Developer hereby agrees to 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 shall be shown on the wall and
fence plan as approved by the City Engineer and the Director of Planning & Building.
121. Condition No. 121 - (Open Space Lots) In satisfaction of Condition No. 121 of
the Resolution, Developer hereby agrees to ensure that all buyers of individual lots adjoining
open space lots, containing walls maintained by the open space district, shall sign a statement,
when purchasing their homes, stipulating that they are aware that the walls are on City or HOA
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property and that they shall not modify or supplement the wall or encroach onto the City or HOA
property. These restrictions shall also be incorporated in the CC&R's for all lots.
122. Condition No. 122 - (Open Space Lots) In satisfaction of Condition No. 122 of
the Resolution, Developer hereby agrees to prior to approval of each Final Map, developer shall
provide proof to the satisfaction of the City Engineer and Director of Public Works that all
improvements located on open space lots are incorporated into and maintained by a Home
Owner's Association or an Open Space District
123. Condition No. 123 - (Protest Formation) In satisfaction of Condition No. 123 of
the Resolution, Developer hereby agrees to not protest formation or inclusion in a maintenance
district or zone for the maintenance of landscaped medians and scenic corridors along streets
within or adjacent to the subject subdivision.
124. Condition No. 124 - (Street Parkway) In satisfaction of Condition No. 124 of
the Resolution, Developer hereby agrees that street parkways within the Project shall be
maintained by an entity such as a Master Home Owner's Association (MHO A) or a Community
Facilities District (CFD); private homeowners shall not maintain the parkways. Street parkways
shall be designated as recycled water use areas, if approved by the Otay Water District and San
Diego County Health.
125. Condition No. 125 - (Maintenance District) In satisfaction of Condition No. 125
of the Resolution, Developer hereby agrees to prior to issuance of any grading permit which
includes permanent Landscaping and Irrigation (L&I) improvements to be installed in an open
space lot to be maintained by the Community Facility District (CFD), the developer shall place a
cash deposit, or other funding mechanism acceptable to the City, in the City's sole discretion,
with the City which will guarantee the maintenance of the L&I improvements until the City
accepts said improvements. In the event the improvements are not maintained to City standards
as determined by the City Engineer and the Director General Services, the deposit shall be used
to perform the maintenance. The amount of the deposit shall be equivalent to the estimated cost
of maintaining the open space lots to City standards for a period of six months, ("Minimum
Deposit Amount"), as determined by the City Engineer. Any unused portion of said deposit may
be incorporated into the CFD's Reserve Account, or returned to the Developer, according to the
following:
a. If, six months prior to the scheduled date of acceptance of Landscape and
Irrigation improvements for maintenance by the CFD, the Reserve Account is less than
the Minimum Deposit Amount, the difference between these two amounts shall be
incorporated into the Reserve Account, or;
b. If the Reserve Account is at or above the Minimum Deposit Amount, the
unused portion of the deposit may be returned to the Developer in 6 equal monthly
increments over the last six months of the maintenance period if the maintenance is being
accomplished to the satisfaction of the Director of General Services.
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126. Condition No. 126 - (Schools) In satisfaction of Condition No. 126 of the
Resolution, Developer hereby agrees to prior to approval of the First Final "B" Map for the
Project, shall provide documentation to the City confirming satisfaction of Sweetwater Union
High School District .(SUHSD) and Chula Vista Elementary School District (CVESD) facility
funding requirements to offset student generation impacts. Funding shall be satisfied through the
Mello-Roos Community Facilities District financing method or other means acceptable to each
District. In addition, no Final Map shall be approved unless and until a school facility financing
mechanism is in place to the satisfaction ofthe SUHSD and the CVESD.
127. Condition No. 127 - (Schools) In satisfaction of Condition No. 127 of the
Resolution, Developer hereby agrees to prior of approval of Improvement plans, which includes
a school site, constmct and secure, and thereafter constmct and secure, to the satisfaction of the
City Engineer, the following improvements:
a. All necessary improvements for providing ingress and egress to each school
site. This requirement shall also include but is not limited to any required modification to
medians, storm drainage system, street lights, and irrigation improvements; and,
b. If warranted and upon the request of the City Engineer, traffic signal
improvements for providing vehicular ingress and egress to the school site.
128. Condition No. 128 - (Open Space Lots) In satisfaction of Condition No. 128 of
the Resolution, Developer hereby agrees to prior to the City acceptance of any open space lots,
demonstrate to the satisfaction of the City Engineer, that the assessments/bonded indebtedness
for all parcels dedicated or granted in fee to the City have been paid or that no assessments exist
on the parcel(s).
129. Condition No. 129 - (Otay Water District) In satisfaction of Condition 1;Jo. 129
of the Resolution, Developer hereby agrees to prior to approval of each Final "B" Map, present
verification to the City Engineer in the form of a letter from Gtay Water District that the
subdivision will be provided adequate water service and long-term water storage facilities.
130. Condition No. 130 - (Otay "Water District) In satisfaction of Condition No. 130
of the Resolution, Developer hereby agrees to prior to approval of each Final "B" Map, present
verification to the City Engineer in the form of a letter from Gtay Water District that Gtay Water
District is able to provide sufficient water supply pursuant to Section 66473.7 of the California
Government Code, as may be amended from time to time.
131. Condition No. 131 - (SAMP) In satisfaction of Condition No. 131 of the
Resolution, Developer hereby agrees to prior to approval of the First Final "B" Map for the
Project, provide an approved Subarea Water Master Plan (SM1P) by the Gtay Water District.
The SAMP will provide more detailed information on the project such as pr.oject phasing; pump
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station and reservoir capacity requirements, and extensive computer modeling to justify
recommended pipe sizes.
132. Condition No. 132 - (Easement) In satisfaction of Condition No. 132 of the
Resolution, Developer hereby agrees to grant the City, a minimum of 10' wide easement for
general utility and landscape purposes along public street frontage of all open space lots offered
for dedication to the City unless otherwise approved by the City Engineer. Developer
furthermore agrees to include the above-mentioned easement on the Preliminary Street Tree
Improvement Plans, showing the location of proposed trees and utilities.
133. Condition No. 133 - (Private Easements) In satisfaction of Condition No. 133 of
the Resolution, Developer hereby agrees to indicate on all appropriate Final "B" Maps a
reservation of easements to the future Homeowners Association for private storm drain, if any,
within open space lots as directed by the City Engineer. Developer fimherniore agrees to obtain,
prior to approval of each Final "B" Map, all off-site right-of-way necessary for the installation of
the required improvements for that subdivision thereto. The Developer also agrees to 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 to the
satisfaction of the City Engineer.
134. Condition No. 134 - (Sight Distance Easement) In satisfaction of Condition No.
134 of the Resolution, Developer hereby agrees to grant on the applicable Final Maps sight
distance easements to the City of Chula Vista for comer lots and parcels adjacent to roundabouts,
as required by the City Engineer to keep such areas clear of any obstructions. Sight distance
easements shall be shown on applicable grading plans, improvement plans, and Final Maps, to
the satisfaction of the City Engineer.
135. Condition No. 135 - (Street Trees) In satisfaction of Condition No. 135 of the
Resolution, Developer hereby agrees to design landscape and irrigation plans such that street tree
placement is not in conflict with the visibility of any traffic signage. The Developer furthermore
agrees to be responsible for the removal of any obstructions of said traffic signs to the
satisfaction of the City Engineer.
136. Condition No. 136 - (Easements) In satisfaction of Condition No. 136 of the
Resolution, Developer hereby agrees to grant to City on all applicable Final "B" Map, a 2-foot
access easements along the rear and side property line of lots adjoining walls to be maintained by
the Maintenance CFD. The locations of these easements shall be as required by the Director of
Planning & Building and the City Engineer to provide adequate access for maintenance of said
walls.
137. Condition No. 137 - (Private tasements) In satisfaction of Condition No. 137 of
the Resolution, Developer hereby agrees to where a private storm drain easement will parallel a
public sewer easement, the easements shall be delineated separately on the Final Map and on the
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grading and improvement plans. If any portion of the easements will overlap one another, the
City shall have a superior right to the common portion of the easements.
138. Condition No. 138 - (Subordination) In satisfaction of Condition No. 138 of the
Resolution, Developer hereby agrees to prior to approval of each Final Map for the Project, have
removed or subordinated any easement, which may unreasonably interfere with the full and
complete exercise of any required public easement or right-of-way at the direction of the City
Engineer. .
139. Condition No. 139 - (Offsite Right-of-Way)) In satisfaction of Condition No.
139 of the Resolution, Developer hereby agrees to notify the City at least 60 days prior to
consideration of the first Final Map for the Project by the City Council if any 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, Developer agrees to :
a. Pay the full cost of acquiring off-site right-of-way and/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 and/or
easements. Said estimate to be approved by the City Engineer.
c. Have all easements and/or right-of-way documents and plats prepared and
appraisals complete which are necessary to commence condemnation proceedings as
determined by the City Attorney.
d. Request that the City use its powers of Eminent Domain to acquire right-of-
way, easements or licenses needed for off-site improvements or work related to the Final
Map. The developers shall pay all costs, both direct and indirect incurred in said
acquisition.
e. Acquire and bond for off-site rights-of-way and easements to be dedicated to
the City in order to comply with the PFFP schedule. Developer shall bond for the off-site
improvements as required by the City Engineer.
140. Condition No. 140 - (Offsite Easements) In satisfaction of Condition No. 140 of
the Resolution, Developer hereby agrees to provide easements for all off-site public storm drains
and sewer facilities prior to approval of each Final Map for the Project requiring those facilities.
The easements shall be sized as required by the City of Chu1a Vista Standards, unless otherwise
approved by the City Engineer.
141. Condition No. 141 - (Public Streets) In satisfaction of Condition No. 141 of the
Resolution, Developer hereby agrees to grant on all applicable Final Maps, easements along all
public streets within the subdivision as shown on the tentative map and in accordance with City
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standards unless otherwise approved by the City Engineer and the Director of Planning &
Building. The City Engineer may require either the removal or the subordination of any
easement, which may unreasonably interfere with the full and complete exercise of any required
public easement or right-of-way.
142. Condition No. 142 - (Sewer Easements) In satisfaction of Condition No. 12 of
the Resolution, Developer hereby agrees to grant on the applicable Final Map, a 20-foot
minimum sewer and access easement for sewer lines located between residential units, unless
otherwise required by the City Engineer. Unless as otherwise provided for herein, all other
easements shall meet City standards for required width.
143. Condition No. 143 - (Supplemental Agreement) In satisfaction of Condition
No. 143 of the Resolution, Developer hereby agrees to the following:
a. That the City may withhold building permits for the Project in order to have
the Project comply with the Growth Management Program, as may be amended from
time to time, or if anyone ofthe following occurs:
i. Regional development threshold limits set by a Chula Vista transportation
phasing plan, as amended from time to time, have been reached.
ii. Traffic volumes, levels of service, public utilities and/or services either
exceed the adopted City threshold standards or fail to comply with the then
effective Growth Management Ordinance, and Growth Management Program and
any amendments thereto. Public utilities shall include, but not be limited to, air
quality, drainage, sewer and water.
iii.The required public facilities, as identified in the PFFP or as amended or
otherwise conditioned have not been completed or constructed to the satisfaction
of the City. The developer may propose changes in the timing and sequencing of
development and the construction of improvements affected. In such case, the
PFFP may be amended as approved by the City's Director of Planning & Building
and the City Engineer. The Developer agrees that the City may withhold building
permits for any of the phases of development identified in the Public Facilities
Financing Plan (PFFP) for Otay Ranch Village Two, Three and a Portion of Four
SP A if the required public facilities, as identified in the PFFP or as amended by
the Annual Monitoring Program have not been completed.
b. To defend, indemnify and hold harmless the City and its agents, officers and
employees, from any claim, action or proceeding against the City, or its agents, officers
or employees, to attack, set aside, void or annul any approval by the City, including
approval by its Plmming Commission, City Councilor any approval by its agents,
officers, or employees with regard to this subdivision pursuant to Section 66499.37 of the
State Map Act provided the City promptly notifies the Developer of any claim, action or
proceeding and on the further condition that the City fully cooperates in the defense.
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c. Permit all cable television companies franchised by the City of Chula Vista
equal opportunity to place conduit and provide cable television service for each lot or unit
within the Tentative Map area. Developer further agrees to grant, by license or easement,
and for the benefit of, and to be enforceable by, the City of Chula Vista, conditional
access to cable television conduit within the properties situated within the Final Map only
to those cable television companies franchised by the City of Chula Vista, the condition
of such grant being that:
i. Such access is coordinated with Developer's construction schedule so that
it does not delay or impede Developer's construction schedule and does not
require the trenches to be reopened to accommodate the placement of such
conduits; and
ii. Any such cable company is and remains in compliance with, and promises
to remain in compliance with the terms and conditions of the franchise and with
all other rules, regulations, ordinances and procedures regulating and affecting the
operation of cable television companies as same may have been, or may from
time to time be, issued by the City of Chula Vista.
ii. Developer hereby conveys to the City of Chula Vista the authority to
enforce said covenant by such remedies as the City determines appropriate,
including revocation of said grant upon determination by the City of Chula Vista
that they have violated the conditions of grant.
d. That the City may withhold the issuance of building permits for the Project,
should the Developer be determined by the City to be in breach of any of the term? of the
Tentative Map Conditions or any Supplemental Subdivision Improvement Agreement.
The City shall provide the Developer of notice of such determination and allow the
Developer reasonable time to cure said breach
e. To defend, indemnify and hold harmless the City and its agents, officers and
employees, from any liability for erosion, siltation or increase flow of drainage resulting
from this Project.
144. Condition No. 144 - (Congestion Management Plan) In satisfaction of
Condition No. 144 of the Resolution, Developer hereby 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 dishict to finance the construction of regional facilities.
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c. To equitably participate in any future regional impact fee program for regional
facilities should the region enact such a fee program to assist in the construction of such
facilities.
145. Condition No. 145 - (Previous Agreements) In satisfaction of Condition No.
145 of the Resolution, Developer hereby agrees to prior to approval of each Final Map for the
Project, comply with all previous agreements as they pertain to this tentative map.
146. Condition No. 146 - (Street Sweeping) In satisfaction of Condition No. 146 of
the Resolution, Developer hereby agrees to prior to approval of each Final "B" Map for the
Project, contract with the City's current street sweeping franchisee, or other server approved by
the Director of Public Works to provide street sweeping for each phase of development on a
frequency and level of service comparable to that provided for similar areas of the City. The
Developer shall cause street sweeping to commence immediately after the final residence, in
each phase, is occupied and shall continue sweeping until such time that the City has accepted
the street or 60 days after the completion of all punch list items, whichever is shorter. The
Developer further agrees to provide the City Special Operations Manager with a copy of the
memo requesting street sweeping service, which memo shall include a map of areas to be swept
and the date the sweeping will begin.
147. Condition No. 147 - (Regional Fee Program) In satisfactiorr of Condition No.
147 of the Resolution, Developer hereby agrees to equitably participate in any future regional
impact fee program for regional facilities should the region enact such a fee program to assist in
the construction of such facilities. The Developer shall enter into an agreement, prior to approval
of the first Final Map, with the City which states that the Developer will not protest the
formation of any potential future regional benefit assessment district formed to finance regional
facilities.
148. Condition No. 148 - (Transit Stops) In satisfaction of Condition No. 148 of the
Resolution, Developer hereby agrees to prior to approval of the applicable Final Map for the
Project, construct and secure, or agree to construct and secure, the construction of transit stop
facilities as set forth in the PFFP. The schedule for constructing the transit stops shall be
approved or determined by the City Engineer prior to approval of the aforementioned Final Map.
Developer shall design, subject to the approval of the City Engineer said transit stops in
conjunction with the improvement plans for the related street. The City Engineer may require
that Developer provide security guaranteeing the construction of said transit stops in a form of
cash or any other form approved by the City Engineer at his/her sole discretion. Since transit
service availability may not coincide with project development, the Developer shall install said
improvements when directed by the City.
149. Condition No. 149 - (Transit) In satisfaction of Condition No. 12 of the
Resolution, Developer hereby agrees to prior to approval of the first Final "B" Map for the
Project in order to satisfy their fair-share contribution for financing the transit system, not
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protest the formation of any potential future regional benefit assessment district formed to
finance the transit system.
150. Condition No. 150 - (Open Space Lots) In satisfaction of Condition No. 150 of
the Resolution, Developer hereby agrees to prior to the approval of any Final Map for the Project
that contains open space lots, enter into an agreement to construct and secure open space
landscape improvements within the map area. All landscape improvements shall be secured in
amounts as determined by the Director of General Services, Director of Public Works and
approved in form by the City Attorney.
151. Condition No. 151 - (Affordable Housing) In satisfaction of Condition No. 151
of the Resolution, Developer hereby agrees to enter into an agreement with the City of Chula
Vista, prior to approval of Developers' First Final "B" Map for the Project regarding the
provision of affordable housing. Such agreements shall be in accordance with the Chula Vista
Housing Element, the Ranch Wide Affordable Housing Plan and the Village Two, Three and a
Portion of Four Affordable Housing Plan.
152. Condition No. 152 - (Air Quality Improvement Plan) In satisfaction of
Condition No. 152 of the Resolution, Developer hereby agrees to implement the final Air Quality
[mprovement Plan (AQIP) measures as approved by the City Council, and as may be amended
from time to time, and to comply and remain in compliance with the AQIP.
153. Condition No. 153 - (Air Quality Improvement Plan ) In satisfaction of
Condition No. 153 of the Resolution, Developer hereby acknowledges that the City Council may,
from time-to-time, modify air quality improvement and energy conservation measures as
technologies and/or programs change or become available. The Developer agrees shall modify
the AQIP to incorporate those new measures upon request of the City, which are in effect at the
time, prior to or concurrent with each Final Map approval within the Project. The new measures
shall apply to development within all future map areas, but shall not be retroactive to those areas,
which receive Final Map approval prior to effect of the subject new measures. The Developer
acknowledges and agrees that the City has adopted the City of Chula Vista Air Quality
[mprovement Plan Guidelines (AQIP Guidelines) as approved per Resolution No. 2003-260 and
that such guidelines as approved and as may be amended from time-to-time shall be
implemented.
154. Condition No. 154 - (\'Vater conservation Plan) In satisfaction of Condition No.
154 of the Resolution, Developer hereby agrees to implement the final Water conservation Plan
(WCP) measures as approved by the City Council, and as may be amended from time to time,
and to comply and remain in compliance with the WCP.
155. Condition No. 155 - (\'Vater conservation Plan) In satisfaction of Condition No.
155 of the Resolution, Developer hereby acknowledges that the City Council may, from time-to-
time, modify water conservation measures as technologies and/or programs change or become
available. The Developer agrees to modify the WCP to incorporate those new measures upon
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request of the City, which are in effect at the time, prior to or concurrent with each Final Map
approval within the Project. The new measures shall apply to development within all future map
areas, but shall not be retroactive to those areas, which receive Final Map approval prior to effect
of the subject new measures. The Developer acknowledges and agrees that the City has adopted
the City of Chula Vista Water Conservation Plan Guidelines (WCP Guidelines) as approved per
Resolution No. 2003-234 and that such guidelines as approved and as may be amended from
time-to-time shall be implemented.
156. Condition No. 156 - (Utilities) In satisfaction of Condition No. 156 of the
Resolution, Developer hereby agrees to install all public facilities in accordance with the Village
Two, Three and a Portion of Four Public Facilities Finance Plan (PFFP), or as required to meet
the Growth Management Threshold standards adopted by the City. The City Engineer may
modify the sequence of improvement constmction should conditions change to warrant such a
revision. The Developer further agrees to comply with Chapter 19.09 of the Chula Vista
Municipal Code (Growth Management Ordinance) as may be amended from time to time by the
City. Said Chapter includes but is not limited to Threshold Standards (19.09.040) Public
Facilities Plan Implementation (19.09.090) and Threshold Compliance Procedures (19.09.-100).
157. Condition No. 157 - (Utilities) In satisfaction of Condition No. 157 of the
Resolution, Developer hereby agrees to the maintenance and demolition of all interim facilities
(public facilities, utilities and improvements) is the Developer's responsibility, and that
constmction, maintenance and demolition bonds will be required to the satisfaction of the City
Engineer.
158. Condition No. 158 - (Digital Drawings) In satisfaction of Condition No. 158 of
the Resolution, Developer hereby agrees to within 30 days of the City Council approval of these
Final Map conditions, or prior to the submittal of the first Final Map for the Project, whichever
occurs earlier, the Developer shall submit a digital drawing file of the tentative map in its
approved form. The drawing projection shall be in California State Plane Coordinate System
(NAD 83, Zone 6). The digital file shall combine all Map sheets into a single CADD drawing, in
DXF, DWG or ArcView (GIS) format and shall contain the following individual layers:
a. Tentative Map Limits (closed polygons)
b. Lot Lines (closed polygons)
c. Street Centerlines (polylines)
d. Easements (polylines)
e. Street Names (annotation)
f. Lot Numbers (annotation)
The digital drawing file shall be submitted in accordance with the City Guidelines for Digital
Submittal on 3 Yz" disks or CD, as an e-mail attachment to the City Engineer or as otherwise
approved by the City Engineer.
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159. Condition No. 159 - (Digital Drawings) In satisfaction of Condition No. 159 of
the Resolution, Developer hereby agrees to submit copies of all subsequent Tentative Maps,
Final Maps, grading and improvement plans in a digital format. The drawing projection shall be
in California State Plane Coordinate System (NAD 83, Zone 6). The digital file of the maps shall
combine all map sheets into a single CADD drawing, in DXF, DWG or ArcView (GIS) format
and shall contain the following individual layers:
a. Tentative and/or Final Map Boundaries (closed polygons)
b. Lot Lines (closed polygons)
c. Street Centerlines (polylines)
d. Easements (polylines)
e. Street Names (annotation)
f. Lot Numbers (annotation)
g. Open Space maintenance areas with maintenance codes (polygons,
annotation)
h. Public and private structural BMP's (annotation)
The Tentative Map, Final Map, grading plan and improvement plan digital files shall also
conform to the City of Chula Vista Subdivision Manual requirements therefore. The digital
drawing files shall be submitted in accordance with the City. Guidelines for Digital Submittal on
3 Yz" disks or CD, as an e-mail attac1mlent to the City Engineer or as otherwise approved by the
City Engineer.
160. Condition No. 160 - (State Plane Coordinate) In satisfaction of Condition No.
160 of the Resolution, Developer hereby agrees to on each Final Map, the boundary of the
subdivision shall be tied to the California State Plane Coordinate System (NAD 83, Zone 6).
161. Condition No. 161 - (Project manager) In satisfaction of Condition No. 161 of
the Resolution, Developer hereby agrees to the owners of each Village shall be responsible for
retaining a proj ect 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.
162. Condition No. 162 - (Developer's Risk) In satisfaction of Condition No. 162 of
the Resolution, Developer hereby agrees to that if he desires to do certain work on the property
after approval of the tentative map but prior to recordation of the Final "A" Map and/or
applicable Final "B" Map, they may do so by obtaining the required approvals and permits from
the City. The permits can be approved or denied by the City in accordance with the City's
Municipal Code, regulations and policies. Said permits do not constitute a guarantee that
subsequent submittals (i.e., Final "A" Map, Final "B" Map and improvement plans) will be
approved. All work performed by the Developer prior to approval of the Final "A" Map; the
applicable "B" Maps shall be at the developers own risk. Prior to permit issuance, the Developer
J:\Engineer\LANDDEV\Projects\Otay Ranch Village 2\OR-805F _Amap\SSIA.doc
42
14-64
f
shall acknowledge in writing that subsequent submittals (i.e., Final "B" Map Cj.nd improvement
plans) may require extensive changes, at developers cost, to work done under such early permit.
Prior to the issuance of a permit, the developer shall post a bond or other security acceptable to
the City in an amount detennined by the City to guarantee the rehabilitation of the land if the
applicable Final "A" Map and/or Final "B" Map do not record.
163. Condition No. 163 - (Phasing) In satisfaction of Condition No. 163 of the
Resolution, Developer hereby agrees to the phasing approved with the SPA Plan may be
amended subject to approval by the Director of Planning & Building and the City Engineer. The
PFFP shall be revised where necessary to reflect the revised phasing plan.
164. Condition No. 164 - (Phasing) In satisfaction of Condition No. 164 of the
Resolution, Developer hereby agrees to if phasing is proposed within an individual map or
through multiple Final Maps, submit and obtain approval for a development phasing plan by the
City Engineer and Director of Planning & Building 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 & Building. 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 Director of Planning & Building may, at their discretion, modify the sequence
of improvement construction should conditions change to warrant such a revision. The
developer agrees that the City Engineer may change the timing of constmction of the public
facilities.
165. Condition No. 165 - (Public Facility Finance Plan) In satisfaction of Condition
No. 165 of the Resolution, Developer hereby agrees to the Public Facility Finance Plan or
revisions thereto shall be adhered to for the SPA and tentative maps with improvements installed
by Developer 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 Village Seven SPA, actual development may differ from the
assumptions contained in the PFFP. Neither the PFFP nor any other Village Two, Three and a
Portion of Four SPA Plan document grant the Developer an entitlement to develop as assumed in
the PFFP, or limit the Village Two, Three and a Portion of Four SPA'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 Village Two, Three and a Portion of Four SPA
development patterns and the facility improvement requirements to serve such development. In
addition, the sequence in which improveinents are constructed shall correspond to any
transportation phasing plan or amendment to the Growth Management Program and Ordinance
adopted by the City. The City Engineer and Direc~or of Planning & Building may, at their
discretion, modify the sequence, schedule, alignment and design of improvement construction
should conditions change to warrant such a revision.
J:\Engineer\LANDDEV\Projects\Otay ~anch Village 2\OR-80SF _Amap\SSIA.doc
43
14-65
166. Condition No. 166 - (Multi-Family) In satisfaction of Condition No. 166 of the
Resolution, Developer hereby agrees to lmless access, drainage and utilities are shown on the
master Tentative Map to the satisfaction of the City Engineer and the Director of Planning &
Building, prior to approval of any Final Map proposing the creation of multi-family housing for
the Project, including any condominium project, community apartment project, or stock
cooperative, as defined in the applicable sections of the Government Code, Developer shall agree
to process, and thereafter process, a subsequent tentative map for said proposed condominium,
community apartment, or stock cooperative project within the Project pursuant to Section 66426
of the Subdivision Map Act, lmless waived in writing by the Director of Planning & Building
and the City Engineer.
167. Condition No. 167 - (Municipal Code) In satisfaction of Condition No. 167 of
the Resolution, Developer hereby agrees to 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. Underground all utilities within the subdivision in accordance with
Municipal Code requirements.
168. Condition No. 168 - (Fees) In satisfaction of Condition No. 168 of the
Resolution, Developer hereby agrees to pay the following fees in accordance with the City Code
and Council Policy:
a. The Transportation Impact Fees,
b. Public Facilities Development Impact Fees.
c. Signal Participation Fees.
d. All applicable sewer fees, including but not limited to sewer connection fees.
e. Pedestrian Bridge Development Impact Fee.
f. Poggi Canyon or Salt Creek Sewer Basin DIP as applicable.
Pay the amount of said fees in effect at the time of issuance of building permits. (Engineering)
169. Condition No. 169 - (Compliance) In satisfaction of Condition No. 169 of the
Resolution, Developer hereby agrees to comply with all relevant Federal, State, and Local
regulations, including the Clean Water Act. The developer shall be responsible for providing all
required testing and documentation to demonstrate said compliance as required by the City.
Engineer.
170. Condition No. 170 - (Notice of Special Taxes and Assessments) In satisfaction
of Condition No. 169 of the Resolution, Developer hereby agrees to 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 the disclosure form for
approval by the City Engineer prior to Final Map approval.
J:\Engineer\LANDDEV\Projects\Otay Ranch Village 2\OR-S05F _Amap\SSIA.doc
44
14-66
171. Satisfaction of Conditions. City agrees that the execution of this Agreement
constitutes satisfaction of Developer's obligati()n of Conditions: 1 through 170 of the Resolution.
Developer further understands and agrees that some of the provisions herein may be required to
be performed or accomplished prior to the approval of other final maps for the Project, as may be
appropriate.
172. Unfulfilled Conditions. Developer hereby agrees, unless otherwise conditioned,
that Developer shall comply with all unfulfilled conditions of approval of the Tentative
Subdivision Map, established by the Resolution and shall remain in compliance with and
implement the terms, conditions and provisions therein.
173. Recording. This Agreement, or an abstract hereof shall be recorded
simultaneously with the recordation of the Final Maps.
174. Miscellaneous.
a. Notices. Unless otherwise provided in this Agreement or by law, any and all
notices required or pennitted by this Agreement or by law to be served on or delivered to
either party shall be in writing and shall be deemed duly served, delivered, and received when
personally delivered to the party to whom it is directed, or in lieu thereof, when three (3)
business days have elapsed following deposit in the U.S. mail, certified or registered mail,
return receipt requested, first-class postage prepaid, addressed to the address indicated in this
Agreement. A party may change such address for the purpose of this paragraph by giving
written notice of such change to the other party.
CITY OF CHULA VISTA
276 Fourth Avenue
Chula Vista, CA. 91910
Attn: City Engineer
Otay Project, LP
& Otay Ranch Investments, LLC
610 West Ash Street, Suite 1500
San Diego, CA 92101
Attn: Kim Kilkelmy
Fax: (619) 234-4088
A party may change such address for the purpose of this paragraph by giving written notice of
such change to the other party in the manner provided in this paragraph.
b. Captions. Captions in this Agreement are inserted for convenience of
reference and do not define, describe or limit the scope or intent of this Agreement or any of
its terms.
J:\Engineer\LANDDEV\Projects\Otay Ranch Village 2\OR-805F _Amap\SSIA.doc
45
14-67
c. Entire Agreement. This Agreement contains the entire agreement between
the parties regarding the subject matter hereof. Any prior oral or written representations,
agreements, understandings, and/or statements shall be of no force and effect. This
Agreement is not intended to supersede or amend any other agreement between the parties
unless expressly noted. Amendments to this Agreement must be in writing and approved by
the representatives.
d. Preparation of Agreement. No inference, assumption or presumption shall
be-drawn from the fact that a party or his attorney prepared andlor drafted this Agreement. It
shall be conclusively presumed that both parties participated equally in the preparation and/or
drafting this Agreement.
e. Assignablity. Upon request of the developer, any or all on-site duties and
obligations set forth herein may be assigned to developer's successor in interest if the City
Manager in his/her sole discretion determines that such an assignment will not adversely
affect the City's interest. The City Manager in his/her sole discretion may, if such assignment
is requested, permit a substitution of securities by the successor in interest in place and instead
of the original securities described herein so long as such substituted_ securities meet the
criteria for security as set forth elsewhere in this agreement. Such assignment will be in a form
approved by the City Attorney.
f. Recitals; Exhibits. Any recitals set forth above and exhibits attached hereto
are incorporated by reference into this Agreement.
g. Attorney's Fees. If either party commences litigation for the judicial
interpretation, reformation, enforcement or rescission hereof, the prevailing party will be
entitled to a judgment against the other for an amount equal to reasonable attorneis fees and
court costs inculTed. The "prevailing party" shall be deemed to be the party who is awarded
substantially the relief sought.
[NEXT PAGE IS PAGE ONE OF SIGNATURE PAGES]
,
J:\Engineer\LANDDEV\Projects\Otay Ranch Village 2\OR-805F _Amap\SSIA.doc
46
14-68
{PAGE ONE OF TWO SIGNATURE PAGES TO SUPPLEMENTAL
SUBDIVISION IMPROVEMENT AGREEMENT FOR THE
OT A Y RANCH VILLAGE 2 & PORTIONS OF
VILLAGE 4 FINAL "A" MAP}
CITY OF CHULA VISTA
Stephen C. Padilla,
Mayor of the City ofChula Vista
Attest:
Susan Bigelow
City Clerk
Approved as to Form:
Ann Moore
City Attorney
DATED:
,2006
[NEXT PAGE IS PAGE TWO OF SIGNATURE PAGES]
J:\Engineer\LANDDEV\Projects\Otay Ranch Village 2\OR-805F _Amap\SSIA.doc
14-69
/
47
{PAGE TWO OF T"\rVO SIGNATURE PAGES TO SUPPLEMENTAL
SUBDIVISION IMPROVEMENT AGREEMENT FOR THE
OTAY RANCH VILLAGE 2 & PORTIONS OF
VILLAGE 4 FINAL "A" MAP}
DEVELOPERS/OWNERS:
OT A Y PROJECT L.P., A California limited partnership, as Owner
BY: OTAY PROJECT, LLC, A California limited Liability Company,
its General Partner,
BY: OTA Y RANCH DEVELOPMENT, LLC., A Delaware limited Liability Company,
its Authorized Member,
By:
By:
Title:
Title:
OT A Y RANCH INVESTMENTS, LLC, A Delaware Limited Liability Company, as Owner
By:
Title:
(ATTACH NOTARY ACKNOWLEDGMENTS)
List of Exhibits
Exhibit A
Exhibit B
Legal Description of Property
Security List
J:\Engineer\LANDDEV\Projects\Otay Ranch Village 2\OR-805F _Amap\SSIA.doc
48
14-70
EXHIBIT A
LEGAL DESCRIPTION
OT A Y RANCH VILLAGE 2 & PORTIONS OF
VILLAGE 4 FINAL "A" MAP
Being a subdivision of a portion of Parcels 2, 4, and 6 of Parcel Map 18471,
recorded May 10, 2000, together with a portion of Parcels 3 and 4 of Parcel Map
No. 18789, recorded September 7,2001, together with Parcels 1 and 2 of Parcel
Map No. 19923 recorded January 18, 2006, together with a portion of Quarter
Section 39 of Rancho De La Nacion, according to map thereof no. 166 by Morrill,
all in the City Of Chula Vista, County of San Diego, state of California.
14-71
Page 49 of 50
EXHmIT "B"
SECURITY
CHULA VISTA TRACT NO. 06-05
OTAY RANCH VILLAGE 2 & PORTIONS OF
VILLAGE 4 FINAL "A" MAP
Improvements Improvements Bond Reference
Cost Number
Otay Ranch Village 2 "A" MAP OR-805F
Survey Monumentation Bond
Otay Ranch Village 2 Phase 2 OR-8101
Backbone Improvement Bond
Otay Ranch Village 2 Phase 2 East OR-8081
Backbone Improvement Bond
Otay Ranch Village 2 Heritage OR-80?1
Road Improvement Bond
Otay Ranch Village 2 Santa OR-8091
Victoria Improvement Bond
14-72
Page 50 of 50
COUNCIL AGENDA STATEMENT
(.......-
Item: .. .:::>
Meeting Date: OS/23106
ITEM TITLE:
Report regarding Healthy Eating, Active Communities (IlEAC)
Initiative in Chula Vista
a) Resolution
Support
Adopting a City Council Policy on Breastfeeding
REVIEWED BY:
b) Resolution Adopting a City Council Policy on Public Vending
Machines in City Facilities
David Palmer, Assistant City Manage~
City Manager 1//l'^ vi; (4/5ths Vote: Yes _ No-KJ
. SUBMITTED BY:
Healthy Eating, Active Communities (HEAC) is a four-year initiative, funded by the California
Endowment, to address obesity and diabetes among children by improving food and physical
activity environments. The California Endowment, a statewide health foundatio~ selected six
California cities to participate in its $26 million initiative. Western Chula Vista is one of these
selected sites. The HEAC grantees in Chula Vista are South Bay Partnership, Chula Vista
Community Collaborative, San Diego County Health and Human Services Agency-South
Region, Sweetwater Union High School District, and Chula Vista Elementary School District.
The City ofChula Vista is one ofHEAC's partners in this venture.
At the Council Meeting, both HEAC and City staff will be making presentations as part of this
report to provide information on what we are doing individually and collectively to address
health matters in the community.
Also, based on City Council referrals, City staff is recommending adoption of two Council
policies to address specific health items in City facilities. Both recommended policies are in
alignment with HEAC's goals and objectives.
RECOMMENDATION: That Council accept the report and approve the two resolutions
adopting City Council policies addressing breastfeeding support and public vending machines in
City facilities.
BOARDS/COMMISSION RECOMMENDATION: The Youth Advisory Commission and
Parks and Recreation Commission have been apprised of the goals of the HEAC initiative. The
Parks and Recreation Commission has also been proactive in recommending provision of more
healthy snacks and beverages in recreation facilities.
15-1
Page 2, Item: / S
Meeting Date: OS/23/06
DISCUSSION:
The City's Commitment to a Healthy Community
The City has already in place a number of programs and projects that encourage healthy
lifestyles and physical activity. These include Recreation's Fun to Be Fit programs,
Communication's Living Healthy Lifestyles program, the City's elementary and middle school
after school programs, the General Plan's policies on Smart Growth, park and recreation facility
development, and walkable communities, General Services' capital improvement projects for
park development, intersection and sidewalk improvements, and Engineering's neighborhood
programs to improve intersections and pedestrian crossings.
The City's role with HEAC as a partner in these efforts has been an evolving one. During the
first year of the HEAC program, Ed Hall, Principal Recreation Manager, has served as the City's
representative to HEAC, and has attended several meetings on the City's behalf, notably on the
HEAC Steering Committee, and HEAC subcommittees for Neighborhoods, After-school
programs, and Marketing and Advertising. Rosemary Brodbeck, Recreation Supervisor II in
charge of the after school middle school program, has also attended the After-school program
subcommittee meetings. Engineering Department staff has also had meetings with IlEAC and
WalkSanDiego, a HEAC partner, to discUss traffic and pedestrian safety issues.
Given the importance of this initiative to the community, staff is recommending that the City
more formally work with HEAC through the formation of a joint Healthy Community Task
Force, comprised of the HEAC Project Coordinator and Project Consultant, South Bay
Partnership, WalkSanDiego, and City staff from Recreatio~ Engineering, Planning, Community
Development, and Police, as needed. This task force would receive guidance and direction :from
the HEAC Policy committee and from a newly formed City Policy Committee, comprised of
Assistant City Manager David Palmer, Assistant City Manager Dana Smith, Jim Sandoval,
Director of Planning and Building, Buck Martin, Director of Recreation, and the Director of
Engineering (see ATIACHMENT A), The City Council can expect to see future policy
recommendations coming from this joint Task Force.
Two Proposed Council Policies
As a result of the community's concern, Council's leadership, and the joint efforts of City Staff
and HEAC, the Council has before it two proposed Council policies that address nutrition.
The fust policy is a breastfeeding support policy for the City work place (see ATTACHMENT
B). As an employer, the City currently accommodates breastfeed.ing mothers in compliance with
the California Lactation Accommodation Law. Effective January 1, 2002, this law requires
employers to: provide break time for employees to express breast milk (unless this unpaid break
time would seriously disrupt the employer's operations) and, to provide the employee with the
use of a room or other location to express breast milk.
While the City does not currently have dedicated lactation facilities, employees are al]lowed to
take breaks and are provided with the use of a room or other location in accordance with the law.
15-2
Page3,IteDl:~
Meeting Date: OS/23/06
In response to referrals. from Mayor Padilla and Councilmember Chavez. the General Services
Department is planning on including an area whose primary purpose is lactation as part of the old
Police Department remodeling project and will consider similar areas in future building projects.
As an employer. the City can set the example for other community employers by formally stating
its support ofbreastfeeding in the workplace and in how we demonstrate our support to our own
employees. The policy presented here for Council adoption demonstrates that support to our
employees and to the community. This policy will be communicated to all existing employees.
all new employees during New Hire Orientation. and will be reiterated to pregnant employees
and their supervisors. Once adopted this policy will be posted on the City's website where we
will also provide links to information on establishing breastfeeding friendly workplaces for
access by community employers.
The second proposed Council policy addresses snack and beverage vending machines accessible
by the public at City facilities, including libraries, recreation facilities, and parks (see
ATTACHMENT C). Earlier this year, the City, working with our vendor Host Vending
Services, voluntarily increased the percentage of healthy snacks and beverages in machines
located at recreation facilities and libraries. However. staff is now recommending that 100% of
the snacks and beverages meet the nutrition standards set by California SB 19, the Pupil
Nutrition, Healthy and Achievement Act of 2001, SB 12, the School Nutrition Standards, and
recommendations from the San Diego Regional Nutrition Network and HEAC. Beverages that
may be offered will be limited to water, non-fat or low-fat milk. 100% fruit/vegetable juice, fruit-
based drinks containing at least 50% juice, sports drinks, and other non-caloric beverages,
including diet sodas. Snack foods must meet the following criteria: no more than 250 calories;
not more than 35% calories from fat with the exception of nuts and seeds; not more than 100.4 of
calories from saturated fat; not more than 35% total weight from sugar and caloric sweeteners
with the exception of fruits and vegetables; and not more than 360 mg of sodium per serving.
This policy will go into effect within 90 days of Council adoption, to allow time for Host
Vending Services to make the necessary content changes in public vending machines.
The City and HEAC have adopted a win-win strategy for working together to develop or support
programs and projects that address the health of our residents. As stated by the California
Endowment: "Programs and policies must expand from a focus on individual behavior towards
changing food and physical activity environments, thus making healthy lifestyles a viable option
for all children and their families. Strategies that focus on individual knowledge and behavior are
essential ingredients to practicing healthy lifestyles. However, they are only effective as one
piece of a more comprehensive approach that addresses the community context in which
individual decisions are made. Lessons from other public health issues - from tobacco to alcohol
to seat belts - confInn the need to link behavior to broad systems change."
FISCAL IMPACT:
General Services has already made plans to include a lactation room in one of the City Hall
buildings; therefore, adoption of the breastfeeding support policy should have no additional
fiscal impact. Both the Recreation Department and Library Department rely on vending machine
commission revenues to offset some of their General Fund operating budget expenses. It is
unknown at this time how the adoption of a vending machine policy to provide 100%
15-3
Page4,Item: /5
Meeting Date: OS/23/06
compliance with State nutrition standards will affect revenues, but some reduction in revenues is
likely.
ATTACHMENT A: Joint Healthy Community Task Force
A IT ACHMENT B: Breastfeeding Support Policy
A IT ACHMENT C: Vending Machine Policy
15-4
Attachment A
City of Chula Vistal HEAC
Healthy Community Task Force
15-5
Attachment B
SUBJECT: Breastfeeding Support Policy
COUNCIL POLICY
CITY OF CHULA VISTA
POLICY
NUMBER
EFFECTIVE
DATE
PAGE
ADOPTED BY: (Resolution No.)
AMENDED BY: Resolution No. (date of resolution)
PURPOSE:
I DATED:
Recognizing that breast milk promotes optimum growth and development of infants, the City Of
Chula Vista accommodates mothers who choose to continue breastfeeding and avoid the use of infant
formula, after returning to work.
Recognizing that breastfeeding is a normal part of daily life for mothers and infants, and that
California law authorizes mothers to breastfeed their infants where mothers and children are
authorized to be, the City Of Chula Vista protects a mother's right to breastfeed in public.
POLICY:
The City Of Chula Vista allows sufficient break time for breastfeeding employees to express milk at
work. Supervisors are encouraged to consider flexible schedules to accommodate employee's needs.
The City Of Chula Vista will provide a private room or space, other than a toilet stall, close to an
employee's work area to express milk. If possible, the private space will include an electrical outlet
for the use of an electric breast pump. If possible, supervisors will ensure that employees are aware of
these workplace accommodations prior to maternity leave.
15-6
Attachment C
SUBJECT: PulDHc Vendi ng Machi nes in City
Facil iti es
COUNCIL POLICY
CITY OF CHULA VISTA
POLICY
NUMBER
EFFECTIVE
DATE
PAGE
1 of 2
ADOPTED BY: (Resolution No.)
AMENDED BY: Resolution No. (date of resolution)
PURPOSE:
I DATED:
It is the goal of the City of Chula Vista and in the interest of public health to provide healthy options in all public vending
machines located in City ofChula Vista facilities including parks, community centers, gymnasiums and libraries.
The purpose of this policy is to establish nutritional standards for the food and drinks that are appropriate
for vending to the public at City of Chula Vista facilities and set guidelines for vendors to stock machines.
The nutrition standards are based on standards set by California SB 19, the Pupil Nutrition, Health,
and Achievement Act of200l, SB 12, the School Nutrition Standards, and recommendations from the
San Diego Regional Nutrition Network and Healthy Eating, Active Communities, an initiative of the California
Endowment.
POLICY:
All public vending machines at any City of Chula Vista facility shall meet the following nutrition standards.
1) Beverages: Beverages are limited to a portion size no greater than 12 ounces (no limit on water or sports drinks).
Note: If juices are available in smaller sizes portions (6 ounces), they would be preferred.
A. Beverages offered in each vending machine shall be one or a combination of the following:
i) Water
ii) Non Fat or 1 % low fat milk (including soy or cow's milk, chocolate or other flavored milk not
containing more than 15 grams of added sugar per 250 gram serving or 3 tsp sugar per 1 cup
milk)
iii) 100% fruit/vegetable juice
iv) Fruit based drinks containing at least 50%juice and no added caloric sweeteners
v) All other non-caloric beverages, including diet sodas
vi) Sports Drinks
2) SnackslFoods: Snacks/foods offered in each vending machine shall meet all the criteria in Section A per
individual package:
A. Criteria per individual package
i) No more than 250 calories
ii) Not more than 35% calories from fat with the exception of nuts and seeds; snack mixes and
other foods of which nuts are a part must meet the 35% standard
15-7
SUBJECT:Public Vending Machines in City
Faci 1 iti es
COUNCIL POLICY
CITYOFCHULA VISTA
POLICY
NUMBER
EFFECTIVE
DATE
PAGE
2 of 2
ADOPTED BY: (Resolution No.)
AMENDED BY: Resolution No. (date of resolution)
I DATED:
iii) Not more than 10% of calories from saturated fat
iv) Not more than 35% total weight from sugar and caloric sweeteners with the exception of fruits and vegetables
that have not been processed with added sweeteners or fats
v) Not more than 360 mg of sodium per serving.
B. At least one item meeting the snack criteria in each vending machine shall also meet the FDA
definition of "low sodium" (less than 140 mg per serving)
C. It is recommended that vending machines have items that contain at least 2 grams of dietary fiber
D It is recommended that snack foods do not contain trans fats added during processing (hydrogenated oils and partially
hydrogenated oils)
PROCEDURE:
The nutrition standards shall apply as follows:
1) Facilities
All public vending machines in City Of Chula Vista facilities.
. 100% of the contents of the snack vending machines located in these facilities will be required to
meet the nutrition standards.
. 100% of the contents of the drink vending machines located in these facilities will be required to meet the
nutrition standards.
2) Implementation
The policy shall be implemented not later than 90 days from the date hereof.
15-8
RESOLUTION 2006-_
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA
VISTA ADOPTING A COUNCIL POLICY ON BREASTFEEDING
SUPPORT
WHEREAS, Healthy Eating, Active Community (HEAC) is a four year initiative,
funded by the California Endowment, to address obesity and diabetes among children by
improving food and physical activity environments; and
WHEREAS, the California Endowment selected six California cities to participate in
its $26 million initiative. The City of Chula Vista is one HEAC's partners in this venture;
and
WHEREAS, in response to referrals, from Mayor Padilla and Councilmember
Chavez, the General Services Department is planning on including a dedicated area for
lactation as part of the old Police Department remodeling project and will consider similar
areas in future building projects; and
WHEREAS, the policy presented here for Council adoption demonstrates that
support to our employees and to the community.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of
Chula Vista does hereby adopt a Council Policy on Breastfeeding Support.
Presented by
Approved as to form ~y
David Palmer
Assistant City Manager
<~~~~i'~~\
Ann Moore
City Attorney
H:\attorney\reso\policy\Breastfeeding Policy
15-9
RESOLUTION 2006-_
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA
VIST A ADOPTING A COUNCIL POLICY ON PUBLIC VENDING
MACHINES IN CITY FACILITIES
WHEREAS, Healthy Eating, Active Community (HEAC) is a four year initiative,
funded by the California Endowment, to address obesity and diabetes among children by
improving food and physical activity environments; and
WHEREAS, the California Endowment selected six California cities to participate in
its $26 million initiative. The City of Chula Vista is one HEAC's partners in this venture;
and
WHEREAS, earlier this year, the City, working with our vendor Host Vending
Services, voluntarily increased the percentage of healthy snacks and beverages in machines
located at recreation facilities and libraries; and
WHEREAS, staff is now recommending that 100% of the snacks and beverages
meet the nutrition standards set by California SB 19, the Pupil Nutrition, Healthy and
Achievement Act of 2001, SB 12, the School Nutrition Standards, and recommendations
from the San Diego Regional Nutrition Network and HEAC.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of
Chula Vista does hereby adopt a Council Policy on Public Vending Machines in City
Facilities.
Presented by
Approved as to form by
David Palmer
Assistant City Manager
~Vq\t\.~~\\L\\
. ,
Ann Moore
City Attorney
H:\attorney\reso\policy\public vending machines Policy
15-10
COUNCIL AGENDA STATEMENT
/'/
Item .. ~/,J
-
Meeting Date 5/23/06
ITEM TITLE:
Resolution Approving the Public Works Operations Department's
Strategic Business Plan
Resolution Amending the FY 06 budget by appropriating $96,600
from the available balance of the Public Facilities DIF to purchase equipment
Director of Public ~ orks Operation~
~i' /JP
City Manager II r""-- r 1\ (4/5 Vote: Yes~ No~
During the past several months, the Public Works Operations Department has developed its Strategic
Business Plan. Throughout this process, Public Works Operations has identified several issues that
will be affecting the department within the next five years, established goals to address those issues
pro actively, and developed performance measures to track the progress in achieving those goals.
SUBMITTED BY:
REVIEWED BY:
The purpose of the Public Works Operations Department is to maintain the basic infrastructure
needed for the City to exist and thrive. These basic facilities include streets, curbs, gutters,
sidewalks, wastewater and stormwater systems, City trees, and parks & open space areas. The
department currently utilizes a Work Management System, which is an automated system used for
collecting and tracking data about the work that an agency performs, to maintain the City's
infrastructure.
BOARD/COMMISSION RECOMMENDATION: N/ A
RECOMMENDATION: That Council:
1) Adopt the Resolution approving the Public Works Operations Department Strategic
Business Plan and Operating Plan
2) Adopt the Resolution amending the the FY 06 budget by appropriating $96,600 from
the available balance ofthe Public Facilities DIF to purchase equipment
DISCUSSION:
Attached is the Public Works Operations Business Plan, which was developed over a period of
several months. The document identified Public Works Operations' mission, lines of business, and
programs and services.
16-1
Page 2, Item _
Meeting Date 5/23/06
The mission of the Public Works Operations Department is to provide and manage the City's
infrastructure, parks, and open space through high quality operations, maintenance and construction
in order to optimize mobility, public and environmental health, and safety. The development ofthe
Strategic Business Plan put renewed focus on achieving results for our customers both externally and
internally.
How the Strate2:ic Business Plan was Developed.
Operational Business Plans were developed in a facilitative process using Weidner Consulting Inc.' s
methodology. Weidner's managing for results model is consistent with and complementary to the
City's existing performance management framework. Retreats were conduced over several weeks,
beginning first with the "Assessment of the Future" Workshops. Most employees participated in one
or more half-day workshops to develop the Assessment of the Future, comprised of critical issues
and trends on the horizon which, if they continue unabated, will have a significant impact on the
community of Chula Vista.
The workshops were followed by a three-day initial retreat, at which time the strategic portion of the
plan was developed, based upon and informed by the Assessment of the Future, and designed to
position the Public Works Operations Department to respond pro actively to the future.
A few weeks later, most employees again returned to provide critical perspective and input, this time
participating in Purpose Statement and Performance Measure (PSPM) Sessions to develop the
operational portion of the plan, incorporating every key business function, every service delivered
and every program in the Department.
At each program's PSPM Session, employees developed a concise and compelling statement of
purpose that described the results that customers can expect to see delivered. Then, the same
employees developed a small, manageable set of clear, understandable performance measures to
which they intend to hold themselves mutually accountable. This enabled those who do the work to
share a common understanding ofthe purpose of their work and to mutually agree upon a definition
of "success".
After a department level review of purpose statements and performance measures, the planning team
again reconvened for a two-day final retreat to complete the plan and to confirm commitment to the
results articulated throughout the plan.
Elements of the "Strate2:ic Portion" of the Operational Business Plan.
Critical Issues.
The Strategic Business Plan identified five critical issues that will have a major impact on the Public
Works Operations Department and its customers over the next five years. These critical issues have
been summarized into "issue statements" as described below:
16-2
Page 3, Item_
Meeting Date 5/23/06
1. Aging Infrastructure. The city's aging infrastructure (roads, gutters, sidewalks, curbs, park
facilities, sewers, storm drains, and bridges) continues to deteriorate, thereby requiring more costly
replacement, repair, and maintenance; and requiring a disproportionate share of department
resources.
Not replacing or repairing corrugated metal pipe (CMP) storm drains in a timely manner is a
significant concern that will increase the need to perform more costly repairs on an emergency basis.
2. Rapid Growth of the City. The rapid growth of the city has created new infrastructure
($30MM/yr over the past seven years) that requires immediate and ongoing maintenance in order to:
o minimize future maintenance, repair, and replacement costs
o ensure the health and safety of the public, and
o keep the community attractive and livable.
Increased litter due to the city's growth has placed additional workload demands on staff and reduces
the amount of staff time available for regular maintenance of streets and parks.
The city's rapid growth and the transit oriented communities being developed has created the need
for transit resources and other alternative transportation modes for residents and visitors in order to
prevent significant traffic congestion in the future.
3. Environmental Regulations. The need to comply with complicated and sometimes competing
unfunded environmental regulations and mandates has resulted in an increase in costs and
competition for the resources needed to obtain the minimum level of flood and fire protection.
4. Graffiti. The negative image and environment created by the proliferation of graffiti in the city is
adverse to residents, businesses, and visitors:
o Creating a negative visual image of the city,
o Decreasing interest in residing and investing in the city, and
o Decreasing community pride and livability.
5. Advances and use of Technology. Because resources are limited to meet increasing demands, the
Department must be open and ready to best use appropriate technologies in order to be more efficient
and effective in deploying departmental staff and equipment.
Strate2:ic Obiectives.
Strategic objectives are a description in measurable terms of the significant, must-do results that
Public Works Operations must accomplish over the next five years in order to proactively respond to
the critical issues. These "strategic objectives" are described as follows:
16-3
Page 4, Item_
Meeting Date 5/23/06
1. Aging Infrastructure. By FY 10, 90 % of potholes on high-speed roads (four lanes and larger)
will be repaired within two days of notification and the department will maintain the current backlog
for the pothole repair of all other streets at four weeks.
Improved coordination among General Services, Engineering, and Public Works Operations and
implementation ofthe Pavement Management System's recommended maintenance strategies will
result in a decreased need for pothole repair and patching by FY 11.
2. Growth and Infrastructure. By FY 07, to improve public safety on higher volume and higher
speed roads, 100% of those streets will be re-striped semi-annually.
By FY 10, 90% of litter in the right of way will be removed within three days of service requests
through the use of a dedicated departmental crew for litter pickup. Large items (sofas, chairs,
appliances, etc.) will be picked up the same day. The Strategic Plan originally identified that this
objective be implemented in FY07. However, due to funding concerns, implementation has been
delayed until FYi 0, as indicated.
3. Environmental Regulations. By FY 09, the Department will obtain the necessary permits to
maintain eight priority detention basins and one critical channel segment in order to reduce flooding
potential.
By FY 11, the Department will report to Council the long-term cost of providing flood control
maintenance within environmentally sensitive and other regulated areas.
In order to comply with new fire and environmental regulations for open space areas and provide
proper fire clearance, the Department, in conjunction with Engineering and Fire, will submit a
request for funding to the applicable voters by FY 08.
4. Graffiti. By FY 07, the Department will use routing software to ensure that all graffiti is removed
within 48 hours of notification.
5. Technology. By FY 08, A VL (Automatic Vehicle Locator) equipment will be installed in 60% of
identified departmental vehicles and an additional 40% by FYI O.
By FY 08, the Department will seek dedicated CIP funding for current technology replacement and
the purchase of new technology.
By FY 08, the Department will seek CIP funding to augment existing funding arrangements for the
purchase and installation of additional central irrigation control systems and associated weather
stations.
16-4
Page 5, Item _
Meeting Date 5/23/06
Lines of Business.
Public Works Operations consists of the following "lines of business" : Infrastructure Maintenance,
Inspection Services, Parks & Open Space, Fleet Management, Administration, and Transit, which all
work together to deliver services to the public. Each line of business contains key result measures,
(see Strategic Plan attached) by which each manager can continuously monitor progress toward the
"vital few" critical results, and prompt appropriate operational decision-making accordingly.
The Infrastructure Maintenance Division provides maintenance of public streets, sidewalks, City
trees, and wastewater & stormwater systems. Inspection Services is charged with providing efficient
and cost-effective construction contract and permit administrative services. The Parks and Open
Space Division maintains over 400 acres of immaculately maintained parks for all to enjoy and over
1,500 aces of open space. Fleet Management is responsible for keeping City police cars, fire
apparatus, maintenance equipment and other city-owned cars and trucks in good working condition.
Administration provides business management services to all Operations' divisions including clerical
and technical support. The Transit Division provides public transit services for the residents and
visitors of the City of Chula Vista.
The Strategic Business Plan, which was developed over a period of several months, also identified
staff s need to add an Infrastructure Maintenance Manager (IMM) to ensure that several key issue
statements and objectives developed in the operating plan are overseen and met. The IMM would
oversee the work of the sewer, storm drain, street, urban forestry, signs and striping, and graffiti
work functions, and administer the street sweeping contract. The IMM position would ensure that
the current workload demands for these work functions are addressed more efficiently and effectively
in accordance with the Strategic Business Plan. The Strategic Plan originally identified that the
Infrastructure Maintenance Manager be added in FY07. However, due to funding concerns, this
position will be requested during the two-year budget process for FY08 and FY09.
The IMM would provide support to the new Assistant Director in personnel issues and updating
policies and procedures needed for the Infrastructure Maintenance division. This position would also
work to get required permits from the Army Corps of Engineers, Department of Fish and Game,
Regional Water Quality Control Board, and the Department of Fish and Wildlife for maintenance
work in waters ofthe State. Furthermore, the IMM would conduct research to assure that City crews
are maintaining facilities only where the City has easements or right-of-ways. In the past, the City
has completed maintenance in areas whereby easements did not exist.
Development ofthe Strategic Business Plan also identified staff s need to complete more vital "street
reconstruction" repairs. Due to continued growth ofthe city, street maintenance crews repair only
1 % of the city's pavement inventory annually. The city currently has approximately 375 miles of
streets (950 lane miles) to maintain.
16-5
Page 6, Item_
Meeting Date 5/23106
Street Maintenance Tasks.
The purpose of the Street Maintenance program is to provide asphalt and concrete structure (streets,
sidewalks, curbs and gutters) maintenance, and litter removal and trash abatement services to the
public so they can have a safe, clean, and functional right-of-ways.
Currently, the City's street maintenance is delivered through two principal methods: Capital
Improvement Projects (CIP) and in-house staff. These two principal methods are employed as a
result of the nature of the street maintenance work that can be classified in terms of being proactive
or reactive. Proactive street maintenance is characterized by activities undertaken to prolong the life
of the streets. Generally, proactive street maintenance work is of a larger scale and is accomplished
through CIPs and construction contracts by General Services. Examples of proactive street
maintenance activities include the following:
· Surface Treatments: Accomplished through crack sealing, chip or slurry seals, is a preventive
maintenance process which seals cracks in the pavement to prevent moisture from entering
the pavement and which preserves the surface of the roads. Sealing should be done every 5-7
years to prolong the life of a street to 15 years or longer depending on usage and the timing
of the application.
· Resurfacing or Pavement Overlav.' The process of applying one or more inch layers of
asphalt on the street usually after 10 -12 years of use. This process can extend the life of a
street by 10 years.
· Street Reconstruction: The result of major surface wear, alligator cracking, oxidation,
crumbling asphalt, and small potholes. It is due to surface and subsurface deterioration of
major sections ofthe roadway. A total reconstruction of surface and sub-grade of the street is
required.
On the other hand, street repairs that are undertaken as a matter of urgency for safety reasons, or as
part of the City's daily operations because they are too small to outsource, are considered reactive
street maintenance activities. The Street Maintenance Section of the Public Works Operations
Department is responsible for performing this portion of the City's street maintenance. Examples of
the street maintenance service includes performance of the following tasks:
· Pothole Reoair: A pot-shape hole in a road surface that occurs when asphalt has displaced
from the sub-grade.
· Minor Street Reconstruction: The result of minor surface cracking and oxidation due to the
lack of preventative maintenance. Process involves removing deteriorated asphalt, re-
compacting surface, and placing new asphalt.
16-6
Page 7, Item_
Meeting Date 5/23/06
· Major Street Reconstruction: The result of major surface wear, alligator cracking, oxidation,
crumbling asphalt, and small potholes. It is due to surface and subsurface deterioration of
major sections ofthe roadway. A total reconstruction of surface and sub-grade of the street is
required. (Crews typically complete jobs less than 550 squarefeet.)
· Curb Line AC reoairs: Work generated by Wastewater Section. Repair ofa street section
directly in front of curb line that was removed while installing or repairing a sewer lateral.
· Lateral cut resurfacing: Work generated by Wastewater Section. Replace pavement that
was removed for a sewer lateral installation or repair.
· Skin oatching/capoing. (Skin Patching) Hand overlay on minor deficiencies of existing
pavement; (capping) final capping on asphalt base of reconstruction areas.
The Street Maintenance Section has two five-person construction crews that are assigned to do minor
and major street reconstruction repairs. There are four major steps associated with street
reconstruction:
· Saw cutting of the asphalt using a self-propelled saw.
· Chunking, loading, and hauling;
. Sub-grade preparation; and
· Placing and compacting hot asphalt mix.
Typically, a repair is made in two move-ins. First, the crews will pre saw cut the area that is going to
be repaired. A crew can cut 40' to 50' linear feet of asphalt per hour 4" to 5" inches deep (if the
asphalt is thicker than 6 inches, the crew has to make a double cut, thus doubling the time). Next, a
2' x 10' section of the asphalt is removed in order to give the excavator an edge to begin chunking.
The crew uses a jack hammer for this dig out portion and then temporarily back fills it with cold-mix
asphalt. The saw-cutting and removal of asphalt is normally scheduled a week or two before the
second move-in.
The second move-in consists of the removal of existing asphalt by chunking with an excavator,
loading the asphalt and debris on trucks, and hauling offsite. These tasks are very time consuming,
as it takes approximately 4 to 5 hours to complete. In addition, since staffs goal is to complete
repairs by the end of the work day, crews often need to double handle the material. If the work site is
north of"L" Street, materials are hauled to the "H" Street temporary stockpile site, stockpiled, and
then hauled to the recycle plant on another day.
Normally, a crew is able to remove and compact 550 square feet of asphalt in one work day.
However, by utilizing an Asphalt Zipper, one existing crew will be able to remove and compact an
additional 550 square of asphalt in one work day, thereby doubling their street reconstruction
16-7
Page 8, Item _
Meeting Date 5/23/06
production. An on-site demonstration of an Asphalt Zipper was conducted on February 10,2006, in
the west bound #2 lane of Palomar Street, west of Broadway Avenue. At the site, the Asphalt Zipper
pulverized 3,180 square feet of existing asphalt in only 45 minutes (12 ft. x 265 ft. & 10 inches
thick). In comparison, without the Asphalt Zipper, it would have taken a crew one week to saw cut
and chuck this same area. Furthermore, a crew was able to complete this reconstructionjob in a 14-
hour period. In comparison, without the Asphalt Zipper, it would have taken a crew three weeks to
complete this size job.
The pulverized asphalt from the Asphalt Zipper could be reused on-site for base or backfill material
rather than hauled away. The environmental benefits of reusing a portion of the material on-site
should reduce the number oftrips needed to haul materials to the recycler, paying money to have it
recycled, and hauling new base or backfill to the site. This equipment also allows new asphalt to
bond more strongly to existing pavement. The stronger bond allows for better waterproofing, thus
preventing moisture to penetrate sub-base soils and materials.
By utilizing the Asphalt Zipper, the section plans to complete more street reconstruction jobs
covering larger areas. The equipment is easily operated and costs $96,600 (a one-time expense) and
will be funded by the DIF.
FISCAL IMPACT:
Staffrecommends that the City Council accept the Public Works Operations Department's Strategic
Business Plan. Staff is also recommending the addition of an Asphalt Zipper. The total initially cost
for implementation of the Strategic Business Plan is $96,600 is for the purchase of an Asphalt
Zipper.
There is no direct fiscal impact from approving this resolution in that funds expended for subsequent
fiscal years will have been approved through the normal budget or appropriation process.
Attachment:
Public Works Operations Strategic Business Plan
C:\Documents and Settings\robertb\My Documents\Bob\A1 13 PWOPS Strategic Planb.doc
16-8
~~f?
~
:~~~
CllY OF
CHULA VISTA
Public Works Operations Department
Strategic Business Plan
January 10, 2006
The miSSion of the Public Works Operations
Department is to provide and manage the City's
infrastructure, parks, and open space through high
quality operations, maintenance and construction in
order to optimize mobility, public and environmental
health, and safety.
16-9
ISSUE
STATEMENTS
Ils$'qei$tafetti't'iilr~jl~lt~.t!!lingtM!ii;iilri(all;
The city's aging infrastructure (roads, gutters, sidewalks, curbs, park
facilities, sewers, storm drains, and bridges) continues to deteriorate,
thereby requiring more costly replacement, repair, and maintenance;
and requiring a disproportionate share of department resources.
Not replacing or repairing corrugated metal pipe (CMP) storm drains
in a timely manner is a significant concern that will increase the need
to perform more costly repairs on an emergency basis.
&I[ISW'~;smettiitl~ww1~!1i~1iaiTll(;fQwt~:6JltJi~I~..
~~"~~~._~-- The rapid growth of the city has created new infrastructure
($30MM/yr over the past seven years) that requires immediate and
ongoing maintenance in order to:
o minimize future maintenance, repair, and replacement costs
o ensure the health and safety of the public, and
o keep the community attractive and livable.
Increased litter due to the city's growth has placed additional
workload demands on staff and reduces the amount of staff time
available for regular maintenance of streets and parks.
The city's rapid growth and the transit oriented communities being
developed has created the need for transit resources and other
alternative transportation modes for residents and visitors in order to
prevent significant traffic congestion in the future.
~s!i~:fi~'~tai'~mtjIi~ltJ!!~,~!!~~imrQYItl~i!Ial~g~~:.,""_,
The need to comply with complicated and sometimes competing
unfunded environmental regulations and mandates has resulted in an
increase in costs and competition for the resources needed to obtain
the minimum level of flood and fire protection.
~I~s;:~?$tit~m~if~~9fifJI'l~q1i1.m
The negative image and environment created by the proliferation of
graffiti in the city is adverse to residents, businesses, and visitors:
o Creating a negative visual image of the city,
o Decreasing interest in residing and investing in the city, and
o Decreasing community pride and livability.
$erol11J'Ji~1iiio.
Because resources are limited to meet increasing demands, the
Department must be open and ready to best use appropriate
technologies in order to be more efficient and effective in deploying
departmental staff and equipment.
Strategic Business Plan
2
16-10
STRATEGIC OBJECTIVES
~~QJ!ie~tiy;'f)tI~~.~~gmi:tirliS"
By FY 10, 90 % of potholes on high speed roads (four lanes and larger) will
be repaired within two days of notification and the department will maintain
the current backlog for the pothole repair of all other streets at four weeks.
Improved coordination among General Services, Engineering, and Public
Works Operations and implementation of the Pavement Management
System's recommended maintenance strategies will result in a decreased
need for pothole repair and patching by FY 11.
By FY 07, to improve public safety on higher volume and higher speed
roads, 100 % of those streets will be re-striped semi-annually.
By FY 10, 90% of litter in the right of ways will be removed within 3 days
of service requests through the use of a dedicated departmental crew for
litter pickup. Large items (sofas, chairs, appliances, etc.) will be picked up
the same day.
~tQbJ~~!!Y~~~~J~J*,FIYir(;iiht~~ta.l~egat~.,..
By FY 09, the Department will obtain the necessary permits to maintain 8
priority detention basins and one critical channel segment in order to reduce
flooding potential.
By FYll, the Department will report to Council the long term cost of
providing flood control maintenance within environmentally sensitive and
other regulated areas.
In order to comply with new fire and environmental regulations for open
space areas and provide proper fire clearance, the Department, in
conjunction with Engineering and Fire, will submit a request for funding to
the applicable voters by FY 08.
By FY 07, the Department will use routing software to ensure that all
graffiti is removed within 48 hours of notification.
By FY 08, A VL (Automatic Vehicle Locator) equipment will be installed in
60% of identified departmental vehicles and an additional 40% by FYI O.
Strategic Business Plan
3
16-11
STRATEGIC OBJECTIVES
By FY 08, the Department will seek dedicated CIP funding for current
technology replacement and the purchase of new technology.
By FY 08, the Department will seek CIP funding to augment existing
funding arrangements for the purchase and installation of additional central
irrigation control systems and associated weather stations.
Strategic Business Plan
4
16-12
i "~;">"');'''>f'''<B' . .....W(... 'iY.;..'';';':''
fIJIOe.O .... USIoess
Purpose Statement
The purpose of the Fleet Management Line of Business is to
provide vehicles and equipment to city departments so they
will have properly functioning vehicles that are up to date and
s ecific to their missions.
· 85% of preventive maintenance completed as scheduled
· $1.5 million of vehicles replaced annuall
Key Outcomes
'L"' "'", <""f"B' ";;'.~ "'.'.... ...>.;,:~;..,.;:
': Ine'o." usmeSS;k nO
Purpose Statement
. rfih$l
The purpose of the Transit Line of Business is to provide
public transportation services to residents and visitors so they
can receive safe, convenient, and dependable trans ortation.
· 95% of bus stop departures from time points (specific bus
stops along a route) are within 0 to 5 minutes
Key Outcomes
!~Eili~/;(}fBusin~ss;fTIfr~)"'" Parflj'jjn'dO':'ilitJsj:'"
Purpose Statement The purpose of the Parks and Open Space Line of Business
is to provide inspection, maintenance and management
services to the public so they can enjoy clean and safe open
space and recreational environments.
Key Outcomes · 90% of areas within assessment districts, open space
districts, and community facility districts are inspected
· 90% of parks cleaned and maintained as per the following
schedule:
a. Restrooms cleaned twice a day 7 days a week
b. Litter/trash pickup 7 days a week
c. Turf maintained weekly (mowed, weeded, edged,
etc.)
d. Playground equipment inspected weekly and
repaired as needed
B!tI:Jifi'~YijfXBusln~s$Foil'
Purpose Statement
'j;ith,;fjsttj;:i/il1t~iCMdiftttlilinc
The purpose of the Infrastructure Maintenance Line of
Business is to provide maintenance services to the public so
they can receive the benefits of safe, clean and dependable
public streets, sidewalks, City trees, wastewater and
stormwater s stems.
. 100% of linear feet of sewers cleaned
· 50% of all potholes repaired within 20 working days of
service request
· 100% of critical inlets inspected and cleared prior to and
during rain events
. 25% of woody trees trimmed and 100% of palms trimmed
(under program jurisdiction)
. 100% of streets re-striped per schedule
Key Outcomes
Strategic Business Plan
5
16-13
icEine'()f.Bnsin:'~sS\~Fi.' .
Purpose Statement
hr"";'~'Ctf(}tt{sittl9iiJe'$'
The purpose of the Inspection Services Line of Business is to
provide inspection, enforcement, education, contract and
permit administration services to the developers and City
departments so they can comply with City construction
standards and stormwater regulations, so the public receives
the benefits of cleaner water and durable and safe public
infrastructure.
· 100% of public facilities constructed are inspected and
meet city standards
· 100% of reported safety concerns are addressed within
same day
Key Outcomes
'.....,.....T..'",.i..'P....'..'.'. "w.~. ',"B':"""~."";"{'"ft';;'.'.'S'''
h.iiltte'o.L . USllless'
Purpose Statement
)ffj(lifl,iiilttli1tlJii
The purpose of the Administration Line of Business is to
provide personnel and infrastructure management support
services to employees and the public so that employees can
successfully complete their work and the public can benefit
from Department mana ed amenities and services.
· 90% of park reservation customers "satisfied with services"
Ke Outcomes
Strategic Business Plan
6
16-14
Line of Business Fleet Management
Line of Business
Purpose Statement
The purpose of the Fleet Management Line of
Business is to provide vehicles and equipment to city
departments so they will have properly functioning
vehicles that are up to date and specific to their
missions.
Program Purpose Statement
The purpose of the Fleet Maintenance Program is to
provide vehicles and equipment maintenance services
to cit de artments so the can accom lish their 'obs.
Famil of Measures:
Outcome Measures
. 85% of preventive maintenance completed as
scheduled
. 75% of vehicles/equipment repaired and returned
to service within one business da
Output Measures
. 1,080 preventive maintenance inspections
scheduled
. 1,956 repairs made to vehicles
. 576 repairs made to small equipment
Demand Measures
. 553 total vehicles in the fleet anticipated
. 132 total pieces of equipment anticipated to be
serviced (non road use)
Efficiency Measures
. $3,372 average cost per vehicle maintained
. $1,219 average cost per piece of equipment
maintained (non road use
Services
. Vehicles (police cars, fire trucks, heavy duty
trucks, utility trucks, crew trucks, pickup trucks,
passenger cars and vans, utility carts, etc)
o Preventive Maintenance (oil changes, belt
replacement, battery checks, etc.)
o Repairs
. Equipment (lawn mowers, trenchers, backhoes,
pump motors etc)
o Preventive Maintenance (oil changes, belt
replacement, battery checks, etc.)
o Repairs
. Fuel (gasoline, diesel, compressed natural gas,
h dro en, and ro ane)
Strategic Business Plan
7
16-15
. Contract Administration
0 Citywide Stationary Generators
0 Citywide Stationary Compressors
0 Major Repairs of vehicles
. Special Requests
. Cleaned Cars, Trucks and Buses
Budget . $4,171,712
Strategic Business Plan
8
16-16
Line of Business Fleet Management
Line of Business
Purpose Statement
The purpose of the Fleet Management Line of
Business is to provide vehicles and equipment to city
departments so they will have properly functioning
vehicles that are up to date and specific to their
missions.
Program Purpose Statement
The purpose of the Fleet Replacement Program is to
provide vehicle and equipment replacement services
to city departments so they have vehicles that are up
to date and s ecific to their mission.
Famil of Measures:
Outcome Measures
· 100% of fleet replaced each year according to
schedule and budget
· $1.5 million of vehicles replaced annuall
Output Measures
. 519 vehicles in replacement program
· 32 vehicles to be replaced; 6% of total vehicles in
re lacement pro ram
Demand Measures
· 685 total number of vehicles/equipment anticipated
in the fleet
Efficiency Measures
. $49,256 per replacement vehicle
Services
. Routine Replacements
. Emergency Replacements
. Vehicle Outfitting Installations (police car interiors,
lumber racks, equipment shelving, cone holders,
tool boxes, safe Ii hts & arrow boards, etc)
Bud et
. $1,576,210
Strategic Business Plan
9
16-17
Line of Business Transit
Line of Business
Purpose Statement
The purpose of the Transit Line of Business is to
provide public transportation services to residents and
visitors so they can receive safe, convenient, and
de endable transportation.
Program Purpose Statement
The purpose of the Transit Program is to provide
public transportation services to residents and visitors
so they can receive safe, convenient, and dependable
trans ortation.
Famil of Measures:
Outcome Measures
· 95% of bus stop departures from time points
(specific bus stops along a route) are within 0 to 5
minutes
· 99.9% of scheduled trips are completed
Output Measures
· 8,265 observed on-time departures
· 150,224 (99.9%) scheduled trips completed
. # of passengers
o 2.20 per service mile
o 28.28 per service hour
Demand Measures
· # of riders (ridership) anticipated per bus route
701 - 517,900
702 - 333,350
703 - 362,450
704 - 210,000
705 - 330,000
706 - 272,680
707 - 131,400
709 - 767,400
711 - 68, 150
712 - 186,000
· 209,000 of riders (ridership) projected based on
growth in the City (ridership projection exceeds
rowth of Cit )
Efficiency Measures
· $4.68 operating cost per mile in FY 05. This is a
4.93% increase over FY 04. San Diego CPI
increased by 3.67% over the same period. Higher
energy costs are the main factor in the operating
cost increase.
Strategic Business Plan
10
16-18
. $1.36 subsidy per passenger
. 36.04% Fare recovery ratio
Services . Passenger Buses
. Passenger Bus Trips
. Bus Routes
. Bus Stop Facilities
0 Bus Stop Signs
0 Benches
0 Shelters
0 Trash Receptacles
. Contract Administration Services
0 Bus Operations
0 Fleet Maintenance
0 Transit Centers and Trolley Transfer
Stations
0 Service Request Resolutions
0 Transit Schedules
0 MTS Regional Coordination Activities
Budget . $7,645,010
Strategic Business Plan
11
16-19
Line of Business Parks and Open Space
Line of Business
Purpose Statement
The purpose of the Parks and Open Space Line of
Business is to provide inspection, maintenance and
management services to the public so they can enjoy
clean and safe open space and recreational
environments.
Program Purpose Statement
The purpose of the Open Space Program is to provide
landscape management, contract administration, and
inspections services to residents and businesses so
they can enjoy a safe, attractive, and maintained
landsca e.
Famil of Measures:
Outcome Measures
· 90% of areas within assessment districts, open
space districts, and community facility districts are
inspected
· 25% of linear feet cleared behind homes according
to Fire Marshal directives and guidelines
· 100% of district swales cleaned
· 100% of service requests resolved within two
weeks
Output Measures
· 40 districts inspected
· 275,192 linear feet behind homes cleared
· 233,574 linear feet of swales cleaned
· 304 of service requests resolved
Demand Measures
Efficienc Measures
· $2,920 cost per acre managed
Services
· Landscape Maintenance Contract Administration
o Trash and Litter Removals
o Trimmed Shrubs, Lawns and Trees
o Weed Abatement
o Illegal Sign Removals
o Irrigation System Repairs
o Drainage Swales
· Field Inspections
· Service Request Responses
· Plant and Tree Removals for Fire/Safet Protection
Strategic Business Plan
12
16-20
. Water Management and Conservation Services
. Pathway and Monument Lights
. Emergency Responses and Accident Repairs
. Graffiti Removals
. Consultations
. Plan Reviews
. Fences and Wall Maintenance
Bud2et . $8,376,647
Strategic Business Plan
13
16-21
line of Business Parks and Open Space
Line of Business
Purpose Statement
The purpose of the Parks and Open Space Line of
Business is to provide inspection, maintenance and
management services to the public so they can enjoy
clean and safe open space and recreational
environments.
Program Purpose
Statement
The purpose of the Park Operations Program is to
provide maintenance, security, and management
services to the public, sports leagues, schools, and
the recreation department so they can enjoy a safe,
clean, accessible and playable environment
throu hout the arks.
Famil of Measures:
Outcome Measures
· 90% of parks cleaned and maintained as per the
following schedule:
o Restrooms cleaned twice a day 7 days a
week
o Litter/trash pickup 7 days a week
o Graffiti/vandalism removal and repair
when observed
o Turf maintained weekly (mowed,
weeded, edged, etc)
o Playground equipment inspected weekly
and repaired as needed
· 20% of sports fields are closed in order to renovate
turf
Output Measures
· 43 parks cleaned and maintained weekly
o 21 of restrooms units cleaned
o 150 of acres mowed
o 157 hours of trash and litter pickup
· 3,186 park reservations
· 9 sorts fields renovated
Demand Measures
· 10 new parks under construction or in
development
· 43 arks mana ed
Efficiency Measures
· $10,750 cost per acre maintained
· .087 FTE's per acre
Strategic Business Plan
14
16-22
Services . Park Maintenance
0 Turf, and ornamentals maintenance
0 Park Restrooms
0 Trash Removal
0 Tot Lot Safety Inspections/Audits
0 Contract Administration
0 Pesticide Training and application
sessions
0 Graffiti Removals
. Park Construction
0 Park Amenities (benches, tables,
bleachers, gazebo, BBQ, etc.) & Sports
Equipment Repairs
0 Sport Field Renovations
. Water Management
0 Irrigation Control Systems Installations,
Retrofits and Repairs
0 Water Use Audits and Reviews
. Park Rangers
0 Park Shelter Reservations
0 Park Security Services
0 Park and Ball Field Light Checks
0 Sport Field Monitoring
. Golf Course Contract Administration
. Special Events
. Plan Reviews
. Emergency Responses
Budget . $5,803,850
Strategic Business Plan
15
16-23
line of Business Infrastructure Maintenance
Line of Business
Purpose Statement
The purpose of the Infrastructure Maintenance Line of
Business is to provide maintenance services to the
public so they can receive the benefits of safe, clean
and dependable public streets, sidewalks, City trees,
wastewater and stormwater s stems.
Program Purpose
Statement
The purpose of the Street Maintenance program is to
provide asphalt and concrete structure (street,
sidewalks, curbs and gutters) maintenance, and litter
removal and weed/trash abatement services to the
public so they can have safe, clean, and functional
ri ht-of-wa s.
Famil of Measures:
Outcome Measures
· 1 % of square feet of pavement inventory repaired
· 75% of litter/trash removal within 5 working days of
service request
· 50% of all potholes repaired within 20 working
days of service request
Output Measures
· 199 square feet of sidewalks milled
· 235 sidewalk wedges
· 74,008 square feet of pavement inventory repaired
· 13,324 potholes repaired
· 1,383 litter/trash removal staff hours (.84 FTEs)
Demand Measures
ated
Efficiency Measures
· $3.58 cost per lane mile maintained
· $5.35 cost er pothole repaired
Services
· Street Reconstruction - Patches
· Pothole Repairs
· Crack Sealing
· Sidewalk Millings - Asphalt Wedges
· Weed Abatement
· Litter Removal and Trash Abatement (i. e.
appliance/furniture, basketball hoops, skateboard
ramps, etc.)
· IlIe al Si n ROW) Removals
Strategic Business Plan
16
16-24
. Street Sweeping Contracts
. Special Event Barricades, Cones, and Signs
. Plan Reviews
. Spill and Accident Responses
. Rain Patrols
. Bus Stop Structures (benches, bench pads, trash
cans)
Budget . $2,519,987
Strategic Business Plan
17
16-25
Line of Business Infrastructure Maintenance
Line of Business
Purpose Statement
The purpose of the Infrastructure Maintenance Line of
Business is to provide maintenance services to the
public so they can receive the benefits of safe, clean
and dependable public streets, sidewalks, City trees,
wastewater and stormwater s stems.
Program Purpose
Statement
The purpose of the Sewer and Pump Maintenance
program is to provide wastewater infrastructure
maintenance services to residents, businesses and
other City departments so they can benefit from a
reliable and environmentall safe wastewater s stem.
Famil of Measures:
Outcome Measures
· 100% of linear feet of sewers cleaned
· 90% of spilled volume recovered
· 100% of emergency service requests responded to
within 45 minutes during working hours
· 100% of pumping systems inspectedltested per
schedule
Output Measures
· 75,307 gallons spilled
· 10,222 gallons (spilled) recovered
· 2,050,910 linear feet of sewer cleaned
· 42 pumpin s stems maintained
Demand Measures
· 425 linear miles of sewer lines anticipated to be
managed
· 42 umpin s stems mana ed
Efficienc Measures
· $2.27 cost per linear foot of sewer cleaned
Services
. Sewer Maintenance
o Repairs (laterals and mains
replaced/serviced)
o Laterals Installations
o Inspections
o Cleaning (hydraulic and mechanical)
o Concrete Repairs
o Utility Mark Outs
o Spill Containment and Clean-ups
o Rain Patrol
Strategic Business Plan
18
16-26
0 24n Emergency Responses
0 Plan Reviews
. Pump Maintenance
0 Water Features (Heritage Park Pond,
fountains)
0 Public Pools
0 Irrigation Pumps
0 Sewer Lift Stations
0 Nature Center Sea Water Filtration
Systems
0 Emergency and Routine Confined Space
Entry Support
0 24n Emergency Responses
0 Plan Reviews
0 Sewer Flow Monitoring
Budget . $4,227,152
Strategic Business Plan
19
16-27
line of Business Infrastructure Maintenance
line of Business
Purpose Statement
The purpose of the Infrastructure Maintenance Line of
Business is to provide maintenance services to the
public so they can receive the benefits of safe, clean
and dependable public streets, sidewalks, City trees,
wastewater and stormwater s stems.
Program Purpose
Statement
The purpose of the Storm Drain Maintenance Program
is to provide cleaning and maintenance services to
residents and the public so they can have flood
protection and improved water quality and the City is
in com Iiance with environmental standards.
Famil of Measures:
Outcome Measures
· 100% of all catch basins inspected/cleaned
(NPDES compliance standard is 100%)
· 5% of square footage of channels/detention basins
cleaned
· 100% of critical inlets inspected and cleared prior
to and during rain events
Output Measures
· 400 pounds of trash/debris removed from outfalls
· 9,600 pounds of trash/debris removed from
inlets/catch basins
· 340,000 square feet of channels cleaned
Demand Measures
· 5,563 inlets/catch basins anticipated to be cleaned
· 9 locations requiring environmental permits
ex ected
Efficiency Measures
· $92.85 cost per inlet/catch basin inspected and
cleaned
Services
. Repairs
· Inspections
· Cleaning inlets/catch basins
· Emergency Repairs
· Illegal discharge responses (containment and
cleanup)
· Lined and natural channels cleaning
· Detention basin cleaning
· Trash removals
· Rain Patrols
Strategic Business Plan
20
16-28
I Budget
Strategic Business Plan
I: Plan Reviews
$655,198
16-29
21
line of Business lnfrastructure Maintenance
Line of Business
Purpose Statement
The purpose of the Infrastructure Maintenance Line of
Business is to provide maintenance services to the
public so they can receive the benefits of safe, clean
and dependable public streets, sidewalks, City trees,
wastewater and stormwater s stems.
Program Purpose
Statement
The purpose of the Urban Forestry program is to
provide tree trimming, reforestation, and preservation
services to the community so they can enjoy the
benefits of trees that are healthy, safe and growing in
public areas.
Famil of Measures:
Outcome Measures
· 25% of woody trees trimmed and 100% of palms
trimmed (under program jurisdiction)
· 100% of trimming service requests (non-
emergency) are resolved within 30 days
· Maintain "Tree Cit USA" reco nition
Output Measures
· 7,450 woody trees trimmed
· 2,550 palm trees trimmed
· 175 trees planted
· 100 trees (damaging infrastructure) removed or
root pruned
· 7,000 linear feet of bio-barrier installed
Demand Measures
· 40,000 trees (est.) anticipated to be under
department management
· 3,000 (est. trees expected to be lanted
Efficienc Measures
· $62.80 cost per tree trimmed
Services
· Trees
o Trimmed - (health, safety and hazard
mitigation, aesthetics)
o Planted (reforestation - watered and
monitoring health of trees)
o Removed (dead or diseased,
infrastructure damage)
o Contract Administration
· Stumps Removed
Strategic Business Plan
22
16-30
. Service Request Responses
. Sio Barrier Installations
. Root Pruning
. Consultations
. Plan Reviews
. Pesticide Application (spraying and micro-
injections)
. Emergency Responses
. Banner Installations and Removals
Budget . $891,260
Strategic Business Plan
23
1 6-31
li'ne of Business Infrastructure Maintenance
Line of Business
Purpose Statement
The purpose of the Infrastructure Maintenance Line of
Business is to provide maintenance services to the
public so they can receive the benefits of safe, clean
and dependable public streets, sidewalks, City trees,
wastewater and stormwater s stems.
Program Purpose
Statement
The purpose of the Striping and Signing program is to
provide traffic control devices and graffiti removal
services to motorists, pedestrians, and residents so
they can travel on clearly marked streets and live in a
cit free of raffiti.
Famil of Measures:
Outcome Measures
· 100% of streets re-striped per schedule
· 30% of signs inspected, repaired or replaced
· 70% of legends (crosswalks, arrows, etc.) painted
· 100% of graffiti removed within 48 hours of service
re uest
Output Measures
· 625 lane miles striped
· 900 new signs installed
· 3,624 signs inspected, repaired or replaced
· 7,300 legends painted
· 530,000 s uare feet of raffiti removed
Demand Measures
· 644 (est.) lane miles requiring striping
· 8,000 si ns re uirin maintenance
Efficiency Measures
· $43.25 cost per lane mile striped
· $0.45 cost er s uare foot of raffiti removed
Services
· Street Stripings
· Street Legends
· Raised Pavement Markers
. Crosswalks
· Graffiti Removals
· Street Name Signs (installation, maintenance,
manufacture)
· Traffic Signs (installation, maintenance,
manufacture)
· Painted Curbs
· City Parking Facilities Stri ed
Strategic Business Plan
24
16-32
. City Facilities Signs
. Special Events
. Bus Stop Maintenance Services
Budget . $1,485,665
Strategic Business Plan
25
16-33
Line of Business Inspection Services
Line of Business
Purpose Statement
The purpose of the Inspection Services Line of
Business is to provide inspection, enforcement,
education, contract and permit administration services
to the developers and City departments so they can
comply with City construction standards and
stormwater regulations, so the public receives the
benefits of cleaner water and durable and safe public
infrastructure.
Program Purpose
Statement
The purpose of the Construction Inspection
Management program is to provide inspections and
contract I permit administration services to the general
public, developers and other city departments so they
can be assured of safety during construction and
benefit from durable and safe public infrastructure.
Famil of Measures:
Outcome Measures
· 100% of public facilities constructed are inspected
and meet city standards
· 100% of traffic controls on major and arterial roads
inspected twice a day
· 100% of reported safety concerns are addressed
within same day
Output Measures
· 475 permits managed
· 20 CIP ro'ects mana ed
Demand Measures
· $80 million of subdivision improvements
anticipated
· $8 million of CIP contracts expected to be
administered
Efficiency Measures
Services
· Inspections (grading, Public Works facilities)
· Construction site traffic control safety inspections
· Contract Administration
· Plan Reviews
· Code Violation Investigations
· Consultations
Strategic Business Plan
26
16-34
. Stop Work Notices
. Permit Administration
Budget . $2,154,017
Strategic Business Plan
27
16-35
Line of Business Inspection Services
Line of Business
Purpose Statement
The purpose of the Inspection Services Line of
Business is to provide inspection, enforcement,
education, contract and permit administration services
to the developers and City departments so they can
comply with City construction standards and
stormwater regulations, so the public receives the
benefits of cleaner water and durable and safe public
infrastructure.
Program Purpose
Statement
The purpose of the NPDES-Storm Water Pollution
Prevention program is to provide education,
inspection, and enforcement services to the public so
they can enjoy safe and clean watersheds and so the
City can maintain compliance with statutory
re uirements.
Famil of Measures:
Outcome Measures
· 100% of inspections completed within statutory
timeframes
· 90% of reported illegal storm water discharges are
resolved within two working days of report
· 75% of monitored outfalls that do not have
actionable levels of priority pollutants
Output Measures
. 300 sites inspected
· 126 illegal discharges investigated and resolved
· 40,000 people participating in education sessions
· 159 Standard Urban Stormwater Mitigation Plan
(SUSMP reviews
Demand Measures
· 2,000 new development and building permits
anticipated
· 450 staff hours dedicated to development and
review for the new five ear permit
Efficiency Measures
· $ cost per inspection
Services
· Inspections (construction, industrial, commercial
and municipal facilities)
· New and proposed regulation reviews and
analysis.
· Compliance Re orts
Strategic Business Plan
28
16-36
. Violation Notices, Investigations and Follow-ups
. Citations and Fines
. Plan and Report Reviews
. Training and public education events, Sessions
and Materials
. Regional Compliance Coordination Activities
. Contract Administration (water quality monitoring)
. Illegal discharge report responses
. Business license reviews (related to water quality)
Budget . $673,489
Strategic Business Plan
29
16-37
Line of Business Adm in i"stration
Line of Business
Purpose Statement
The purpose of the Administration Line of Business is
to provide personnel and infrastructure management
support services to employees and the public so that
employees can successfully complete their work and
the public can benefit from Department managed
amenities and services.
Program Purpose
Statement
The purpose of the Administration program is to
provide personnel and infrastructure management
support services to employees and the public so that
employees can successfully complete their work and
the public can benefit from Department managed
amenities and services.
Famil of Measures:
Outcome Measures
· 90% of park reservation customers "satisfied with
services"
· 90% of employee inquirieslissues concerning
payroll and benefits are resolved within one work
da
Output Measures
· 310 purchase requisitions processed
· 3,186 park reservations made
· 738 of inquiries/issues concerning payroll and
benefits received
· 17,026 of service requests created
Demand Measures
· 207 employees supported
· 19,500 service requests anticipated
· 5,500 ark reservations anticipated
Efficiency Measures
· . 033 FTE support staff per total number of
emplo ees
Services
· Personnel and Clerical Support Services
· Purchase Requisitions/Procurement
· Invoicing and Payments
· Employee Discipline Actions
· Citizen Request Responses
· Park Reservations
· Contract Administration Services
· Plan /Document Reviews
Strategic Business Plan
30
16-38
. Work Management System Administration
. Council Agenda Statements/Referrals
. Correspondences
. Administration of Graffiti Abatement Program
. Budget Administration
. Administration of Adopt-A-Park Program
Budget . $1,430,183
Strategic Business Plan
31
16-39
RESOLUTION NO. 2006-_
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING THE PUBLIC WORKS
OPERATIONS DEPARTMENT'S STRATEGIC BUSINESS
PLAN
WHEREAS, Public Works Operations has identified several issues that will be affecting
the department within the next five years, established goals to address those issues pro actively,
and developed performance measures to track the progress in achieving these goals; and
WHEREAS, the mission of the Public Works Operations Department is to provide and
manage the City's infrastructure, parks and open space through high quality operations,
maintenance and construction in order to optimize mobility, public and environmental health and
safety; and
WHEREAS, the development of the Strategic Business Plan put renewed focus on
achieving results for our customers both externally and internally; and
WHEREAS, the total initially cost for implementation of the Strategic Business Plan is
$146,600, of which, $96,600 is for the purchase of equipment. The total annual cost to the
General Fund for implementation is $66,500.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula
Vista hereby approves the Public Works Operations Department's Strategic Business Plan.
Presented by
Approved as to form by
Dave Byers
Director of Public Works Operations
~fu~
AIm Moore
City Attorney
J :\attomeylreso\finance\pwops strategic plan 5 23 06
16-40
"4"",",__~,__"~_".'~_"_,~"",~~_,_,,v~~,_,,"'~"__""'~_____~___~~~~~_.___
~Y\'Secb
S~q/oto
RESOLUTION NO. 2006-_
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VIST A AMENDING THE FY 06 BUDGET BY
APPROPRIATING $96,600 FROM THE AVAILABLE
BALANCE OF THE PUBLIC FACILITIES DEVELOPMENT
IMP ACT FEE FUND TO PURCHASE EQUIPMENT
WHEREAS, Public Works Operations has identified several issues that will be affecting
the department within the next five years, established goals to address those issues proactively,
and developed performance measures to track the progress in achieving these goals; and
WHEREAS, the mission of the Public Works Operations Department is to provide and
manage the City's infrastructure, parks and open space through high quality operations,
maintenance and construction in order to optimize mobility, public and environmental health and
safety; and
WHEREAS, the development of the Strategic Business Plan put renewed focus on
achieving results for our customers both externally and internally; and
WHEREAS, the total initial cost for implementation of the Strategic Business Plan is
$96,600 is for the purchase equipment.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula
Vista hereby amends the FY06 budget by appropriating $96,600 from the available balance of
the Public Facilities Development Impact Fee Fund to purchase equipment.
Presented by
Approved as to form by
i\~ Q~i\. ~~~~\
Ann Moore
City Attorney
Dave Byers
Director of Public Works Operations
J:\attomey\reso\finance\Amend FY 06 PWOPS 5 23 068
CITY COUNCIL
AGENDA STATEMENT
iTEM NO.:
MEETING DATE:
/(/
OS/23/06
ITEM TITLE: ORDINANCE OF THE CITY OF CHULA VISTA AMENDING
TITLE 2 OF THE MUNICIPAL CODE TO ADD CHAPTER 2.72
REGULATING MUNICIPAL LOBBYISTS
SUBMITTED BY: CITY ATTORNEYGv("
REVIEWED BY: CITY ATTORNEY
4/5THS VOTE: YES D NO ~
BACKGROUND
On May 2, 2006 Council considered a draft ordinance regulating municipal lobbyists. Based
upon the limited direction from the Council that draft merely required registration of lobbyists. It
did not contain other restrictions or limitations on lobbying activities because the only direction
received at that point was to require registration. During the discussion of that draft ordinance the
Council provided additional guidance as to the types of provisions that should be included in a
draft ordinance and referred the issue to the Ethics Commission. On May 16,2006 in an effort to
expedite the review of the ordinance the Council directed this office to return with a draft
ordinance directly to the City Council this evening.
RECOMMENDATIONS
None
DISCUSSION
At the January 17, 2006 meeting it was suggested the City look at an ordinance requiring
registration of municipal lobbyists. The concern expressed was that at times Council members or
staff may meet with someone believing they are a member of the community only to learn at
some point during the meeting that they are representing another entity or person. To ensure the
Council members and staff were informed as to whom these people represented it was suggested
a lobbyist registration ordinance be considered. On May 2, 2006, the Council held a more
detailed discussion regarding this proposed ordinance.
Based upon those discussions staff has prepared a draft ordinance for review by the
Council. The ordinance acknowledges that lobbying, lobbyists and lobbying firms are more
active in the daily operations of government. However, this City has a long history of protecting
17-1
PAGE 2, ITEM NO.:
MEETING DATE:
17
05/09/06
the integrity of the electoral and legislative processes from improper influences. It is in the best
interests of the citizens of this City to regulate the activities of lobbyists by requiring they
disclose their fmances in order that improper influences will not be directed at public officials.
This ordinance attempts to regulate municipal lobbyists through disclosure without chilling the
free flow of information between stakeholders and city officials.
During the May 2006 discussion the following issues were raised:
1. Definition of Lobbyist
The ordinance defines Lobbyist based upon the different types of lobbyist: contract, in-
house, expenditure. The concern was that many people call themselves consultants,
publicist, or advocates to avoid the label of "lobbyist". To address that the ordinance defines
lobbyist as:
(1) Lobbyist (Contract). An individual who for economic consideration
engages in Lobbying on behalf of one or more clients (acting individually
or through agents, associates, employees or contractors).
(2) In House Lobbyist:
a. An individual who is an officer or employee of an organization or
association which has a membership and for which the officer or
employee is compensated for purposes of advancing the goals or
mission of the umbrella organization or association, and who engages in
lobbying of City Officials or City Official-Elect on its behalf of the
organization or association; or
b. An individual who is an owner of a business or employed by a business or
organization and who is compensated beyond reimbursement for their
reasonable travel, meals or incidental expenses for engaging specifically in
lobbying and whose duties as an employee include lobbying on behalf of his
or her employer and who engages in lobbying of City Officials or City
Official- Elect.
(3) Expenditure Lobbyist. A person who makes payments or incurs expenditures of
one thousand dollars ($1,000) or more during any calendar year in connection
with carrying out public relations, advertising or similar activities with the intent
of soliciting or urging, directly or indirectly, other persons to communicate
directly with any City official in order to attempt to influence a legislative or
administrative action. The one thousand dollars ($1,000) threshold shall not
include:
17-2
PAGE 3, ITEM NO.: /1
MEETING DATE: 05/09/06
a. Compensation paid to contract lobbyists or employees for lobbying;
or
b. Dues payments, donations, or other economic consideration paid to
an organization, regardless of whether the dues payments, donations
or other economic consideration are used in whole or in part to
lobby.
This expanded definition reduces the chance that someone who is functioning as a lobbyist will
be able to avoid the registration requirement.
2. Registration Fee
Section 2.72.020 includes a cost recoverable fee based upon the staff time costs
associated with implementing this ordinance. Staff is still determining this cost and will
provide additional information at the Council meeting.
3. Exemption for attorneys.
On May 2, there was a brief discussion regarding the role of attorney/lobbyist. Section
2.72.030(k) contains a limited exception for attorneys providing that registration is not
required ill!h.-if the attorney is performing a function that requires being a licensed
attorney. An attorney who meets with a City Official to urge approval of a particular
project would need to register under the ordinance.
4. Code of Ethics for Lobbyists.
Council suggested a Code of Ethics policy. To address this issue Section 2.72.090,
Prohibitions, was added to the Ordinance. This provision includes standards for lobbyist.
For example, it prohibits intentionally deceiving a City Official as to any material facts or
contacting an official in the name of any non-existent person. Placing these types of
prohibitions within the ordinance gives the City the ability to use the ordinance
enforcement mechanisms.
5. Enforcement
The enforcement provISIons in the draft Municipal Lobbyist Ordinance mimic those
adopted in 2004 by the City Council in the ordinance regulating campaign contributions.
The Campaign Contribution Ordinance (Municipal Code Section 2.52) provides for the
City Attorney to maintain a qualified list of special counsel with a particular expertise in
campaign and election issues. The Campaign Contribution Ordinance also earmarks
funds for this purpose. The enforcement of the Municipal Lobbyist Ordinance would be
done by this same group of previously selected special counsel. The Municipal Lobbyist
17-3
PAGE 4, ITEM NO.: 11
MEETING DATE: 05/09/06
Ordinance also aut];:lOrizes the use of funds previously earmarked for the enforcement of
the Campaign Contribution Ordinance to be used for enforcement of this new ordinance.
The City Attorney's role would be defending the constitutionality and legality of the
ordinance.
6. Penalties.
Council requested the ordinance include stiff penalties for failure to comply. As drafted,
a violation could be prosecuted as a misdemeanor which carries a maximum sentence of
6 months in jail and up to a $1000 fine. Additionally, there is injunctive relief and civil
penalties of $100 per day for failure to file timely reports.
The Environmental Review Coordinator has reviewed the proposed activity for compliance with
the California Environmental Quality Act ("CEQA") and has determined that the activity is not a
"Project" as defined under Section 15378 of the State CEQA Guidelines; therefore, pursuant to
Section15060( c)(3) of the State CEQA Guidelines the activity is not subject to CEQA. Thus, no
environmental review is necessary.
FISCAL IMPACT
The ordinance contains a provision for a cost recoverable fee based upon the anticipated time
that will be spent by the City Clerk to ensure compliance with the ordinance. Staff will provide
additional information on this issue at the Council meeting.
17-4
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF CHULA VISTA
ADDING CHAPTER 2.72 OF THE CHULA VISTA
MUNICIPAL CODE TO REGULATING MUNICIPAL
LOBBYISTS
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF CHULA VISTA:
Chapter 2.72 of the Chula Vista Municipal Code is hereby amended to add the
following:
CHAPTER 2.72
CHULA VISTA MUNICIPAL LOBBYING
2.72.010 Title and Purpose
A. This Chapter shall be known as the Chula Vista Municipal Lobbying Ordinance.
B. Purpose and Goals: In enacting this chapter, the City Council finds and
declares that lobbying, lobbyists and lobbying firms are more active in the daily
operations of government. It is the policy of this City to IJrotect the integrity of
the electoral and legislative processes, and the best interests of the citizens of
this City are served by regulating the activities of lobbyists by requiring they
disclose their finances in order that improper influences will not be directed at
public officials. It is the purpose and intent of the City Council in enacting this
chapter:
1. To guarantee to the residents of the City that the City of Chula Vista (City)
continues the highest ethical work environment for the residents of the
City and the City's elected officials and employees.
1
17-5
2. In the spirit of open and transparent government, to allow the public to
know and better understand the relationship between its officials,
lobbyists and the lobbyist's clients.
3. To enhance public confidence and trust with respect to lobbyist activities
and City practices.
4. To ensure that the requirements of this Chapter and their implementation
are responsive to the goal of making it easy to do business with the City.
5. To establish a policy that sets clear standards of conduct.
6. To maintain the citizen's constitutional right to peetion government for
redress of grievances and not to limit the public's access to their elected
officials.
7. To regulate through disclosure the activities of lobbyists without chilling
the free flow of information between stakeholders and City Officials.
2.72.020 Definitions
For purposes of this Chapter, the following definitions shall be applicable. Other terms
used in this Chapter shall have the meanings set forth in the California Political Reform
Act of 1974, as amended.
A. Activitv Expense
"Activity Expense" means any payment made by a lobbyist to or directly benefiting
any City Official or City Official-Elect or member of such official or official-elect's
immediate family. Activity expenses include gifts, honoraria, consulting fees,
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salaries and any other form of compensation, but do not irlclude campaign
contributions.
B. At the Behest
"At the behest" means at the specific direction of, or at the personal request or
suggestion of, or with the express prior consent of, any elective City official, City
official-elect or candidate for elective City office.
C. City Official
"City Official" includes the Mayor and Members of the City Council; members of
any board or commission of the City; Council or mayoral aides or staff; City
Attorney: Assistant City Attorneys: and City Manager: Assistant City Managers:
Department Heads and Assistant Department Heads.
D. City Official-Elect
"City official-elect" means a person who has been elected to a City office but has
not yet been sworn in to office.
E. Client
"Client" means a person who compensates a lobbyist for representation.
F. Contact
"Contacf' means any direct communication, whether orally, electronically or in
writing, including without limitation, communication through an agent, associate .
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or employee, for the purpose of influencing or attempting to influence legislative
or administrative action.
G. Compensated or Compensation
"Compensated or Compensation" means any economic consideration for
services rendered or to be rendered in the future, including, without limitation,
promises to perform or provide services, contractual arrangements, contingency
fees, success fees, bonuses or awards.
H. Gift
(1) The term "giff' means, except as provided in subdivision (2), any payment that
confers a personal benefit on the recipient, to the extent that consideration of
equal or greater value is not received and includes a rebate or discount in the
price of anything of value unless the rebate or discount is made in the regular
course of business to members of the public without regard to official status.
Any person, other than a defendant in a criminal action, who claims that a
payment is not a gift by reason of receipt of consideration, has the burden of
proving that the consideration received is of equal or greater value.
(2) The term "gift" does not include:
A. Informational material such as books, reports, pamphlets, calendars, or
periodicals. No payment for travel or reimbursement for any expenses shall
be deemed "informational materiaL"
B. Gifts which are not used and which, within 30 days after receipt, are either
returned to the donor or delivered to a nonprofit entity exempt from taxation
under Section 501 (c)(3) of the Internal Revenue Code without being
claimed as a charitable contribution for tax purposes.
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C. Gifts from an individual's spouse, child, parent, grandparent, grandchild,
brother, sister, parent-in-law, sister-in-law, nephew, niece, aunt, uncle, or
first cousin or the spouse of any such person; provirjed that the gift from
any such person shall be considered a gift if the donor is acting as an agent
or intermediary for any person not covered by this paragraph.
D. Campaign contributions required to be reported under the Political Reform
Act, as amended.
E. Any devise or inheritance.
F. Personalized plaques and trophies with an individual value of less than two
hundred fifty dollars ($250).
H. LobbvinQ
"Lobbying" means influencing or attempting to influence a City Official or City
official-elect with regard to a City decision
(1) "City decisions" means any decision, or recommendation as to a decision,
concerning any matter (other than the making of a ministerial decision), whether
legislative, administrative, or quasi-judicial, which is pending before or may be
submitted to the City Councilor any City board, commission, committee or
officer; .
(2) "Influencing" means the purposeful communication, either directly or through
agents, for the purpose of promoting, supporting, modifying, opposing, causing
the delay or abandonment of conduct, or otherwise intentionally affecting the
official actions of a City official or City official-elect, by any means, including, but
not limited to, providing or using persuasion, information, incentives, statistics,
studies or analyses.
(3) "Legislative action" means the drafting, introduction, consideration, modification,
enactment or defeat of any resolution, ordinance, amendment thereto, report,
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nomination or other action of the Mayor, City Council, Redevelopment Agency
of the City, or City board or commission, or task force or any joint powers
authority of which the City is a party.
(4) "Administrative action" means the proposal, drafting, development,
consideration, advocacy, recommendation, adoption, amendment or approval of
any rule, regulation, agreement or contract, permit, license or hiring action.
I. Lobbvist
"Lobbyisf', unless exempt under Section 2.72.030 means: .
(1) Lobbyist (Contract). An individual who for economic consideration
engages in Lobbying on behalf of one or more clients (acting individually
or through agents, associates, employees or contractors).
(2) In House Lobbyist:
a. An individual who is an officer or employee of an organization or
association which has a membership and for which the officer or
employee is compensated for purposes of advancing the goals or mission
of the umbrella organization or association, and who engages in Lobbying
of City Officials or City Official-Elect on its behalf of the organization or
association; or
b. An individual who is an owner of a business or employed by a business or
organization and who is compensated beyond reimbursement for their
reasonable travel, meals or incidental expenses for engaging specifically
in Lobbying and whose duties as an employee include Lobbying on behalf
of his or her employer and who engages in Lobbying of City Officials or
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City Official-Elect.
(3) Expenditure Lobbyist. A person who makes payments or incurs
expenditures of one thousand dollars ($1,000) or more during any
calendar year in connection with carrying out public relations, advertising
or similar activities with the intent of soliciting or urging, directly or
indirectly, other persons to communicate directly with any City official in
order to attempt to influence a City Decision action. The one thousand
dollars ($1,000) threshold shall not include:
a. Compensation paid to contract lobbyists or employees for lobbying;
or
b. Dues payments, donations, or other economic consideration paid to
an organization, regardless of whether the dues payments,
donations or other economic consideration are used in whole or in
part to lobby.
J. Person
"Person" means any individual, business entity, trust, corporation, association,
committee, or any other organization or group of persons acting in concert.
2.72.030 Exceptions
The following persons are exempt from the requirements of this Chapter:
A. A public official acting in his or her official capacity.
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B. A person engaged solely in publication or broadcasting of news items, editorials,
or commentary which directly or indirectly urges governmental action.
C. A person hired by the City or Agency for work performed on behalf of the City or
Agency, or a person who prepares documents for approval by the City under the
California Environmental Quality Act of 1970, or a person who has been
specifically invited by the City Council or Redevelopment Agency or any
committee thereof, or by any board or commission, or by any officer or employee
of the City or the Redevelopment Agency charged by law with the duty of
conducting a hearing or making a decision, for the purpose of giving testimony in
aid of the body or person extending the invitation.
D. A person who, without additional compensation and not as part of, or in the
ordinary course of his or her regular employment, appears to present the
position of an employer or organization such as a taxpayers' association or trade
association when that employer, association or organization has one or more of
its officers, employees or representatives already registered as a lobbyist under
the provisions of this Chapter.
E. A person whose attempts to influence governmental action are limited to:
1. Publicly appearing at a public meeting, public hearing, or other official
proceeding open to the public;
2. Preparing, processing or submitting documents or writings in connection
with the governmental action for use at a public meeting, publiC hearing,
or other official proceeding open to the public.
F. Any person whose sole activity includes one or more of the following:
1. to submit a bid on a competitively bid contract;
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2. to submit a written response to a request for proposals or qualifications;
3. to participate in an oral interview for a request for proposals or
qualifications; or,
4. to negotiate the terms of a contract or agreement with the City, once the
City has authorized either by action of the City Council, City Manager, or
voters, entering an agreement with that Person, whether that Person has
been selected pursuant to a bid, request for proposals or qualifications, or
by other means of selection recognized by law.
G. A person who meets with the City Attorney or Risk Manager regarding any claim
or litigation matter.
H. Uncompensated members or uncompensated members of the board of directors
of non-profit organizations.
I. Members of neighborhood associations or Project Area Committees.
J. Persons whose communications are solely related to:
1. The establishment, amendment, administration, implementation or
interpretation of a collective bargaining agreement or a memorandum of
agreement between the City and a recognized employee organization.
2. Management decisions as to the working conditions of represented
employees that clearly relate to the terms of a collective bargaining
agreement or memorandum of agreement between the City and a
recognized employee organization.
3. Proceedings before the City Civil Service Commission.
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K. A member of the State Bar of California who is performing a service which
lawfully can be performed only by an attorney who is licensed to practice law in
California
2.72.040 ReQistration with City Clerk
A. A Lobbyist is required to register with the City Clerk no later than ten (10) days
after qualifying as a lobbyist as defined in this Chapter.
B. A Lobbyist shall renew his or her registration by January 15 of each year unless
status as a lobbyist has terminated.
C. After initial registration, annual registration renewal shall not be required if a
declaration attesting to the termination of lobbying services within the City has
been filed with the City Clerk no later than January 15.
2.72.050 ReQuired ReQistration Information
A. Any registration made pursuant to Section 2.72.20 shall be in writing, filed with
the City Clerk, signed by the registrant, or an authorized officer thereof,
under penalty of perjury.
B. The registration shall set forth the following information:
(1) Registrant's name.
(2) Registrant's business address.
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(3) Name of the person, firm, corporation, or organization represented. If the
registrant is employed by a company or firm that itself has been retained by a
person, corporation, firm, or organization to obtain a City decision, to which
the registrant has been assigned, the registrant shall disclose the names of
both his immediate employer and the person, corporation, firm, or
organization that has retained his immediate employer.
(4) A list of the elective or appointed City offices that the registrant will attempt to
influence and a brief description of the item(s) of legislative or administrative
action the lobbyist is seeking to influence.
C. If the registrant is a corporation, it shall also include the names of the officers
and agent for service of process, if any.
D. Any business or organization registering under this Chapter shall also describe
the nature of its business or organization in sufficient detail to inform the reader
of the nature and purpose of the business.
2.72.060 Additional Required Information and Disclosures
The initial lobbyist registration shall also contain the following information:
A. Campaign and officeholder contributions to an elected City official or candidate
for City Office made during the preceding calendar quarter.
B. Campaign and officeholder contributions made at the behest of an elected City
official or candidate to any other elected public official or candidate for public
office during the preceding calendar quarter.
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C. All Independent Expenditures made for or on behalf of a City official or candidate
for City office made during the preceding calendar quarter.
D. Fundraising activity for any City official, candidate for elective City office or any
controlled committee of the elected City official or candidate for City office or for
any political action committee, political party or candidate for elective office of a
governmental organization made at the behest of a City official during the
preceding calendar quarter.
E. Donations to for profit or nonprofit organizations made at the behest of a City
official or candidate for elective City office of any contribution or payment of
more than one thousand dollars ($1,000) in the aggregate made during the
preceding calendar quarter.
F. Payments received for services as a consultant or in any other capacity for
services rendered to any City department or Redevelopment Agency, City
official, or any City official-elect, their controlled committees or officeholder
committees.
G. Contacts made with City officials or City officials-elect during the preceding
calendar quarter for the purpose of influencing or attempting to influence
legislative or administrative action. Contact information shall include a brief
description of the item(s) of legislative or administrative action the lobbyist is
seeking to influence and the number of contacts in the fcllowing ranges: (1),
(2-5), (6-10) or (11 or more).
H. Any activity expenses including but not limited to payments that directly benefit
any City official, City official-elect or member of his or her immediate family or
domestic partner made during the preceding calendar quarter.
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2.72.070 Quarterlv Disclosure Reports
A. For each calendar quarter following the quarter in which the lobbyist was
required to register, the lobbyist must file a quarterly report with the City Clerk
not later than fifteen (15) calendar days after the end of the qualifying quarter on
March 31, June 30, September 30 and December 31 whether or not any
lobbying activities have occurred during such period.
B. Each quarterly report shall contain the same information as required to be
disclosed in the initial registration, for those activities occurring in that quarter. If
a lobbyist has terminated all lobbying activities during such quarter, the lobbyist
may file a declaration of termination with the quarterly report. The final quarterly
report shall include disclosure of any lobbying activities during the quarter of
termination.
C. Each quarterly report for Lobbyists (Contract) shall indicate the total economic
compensation promised or received from each client listed during the reporting
period for lobbyist services in accordance with the following ranges: ($500-
$1,000), ($1,001 - $10,000), ($10,001 - $100,000), and (Over $100,000).
D. Quarterly reports shall be filed by April 15, July 15, October 15 and January 15
for the prior calendar quarter, and are delinquent thereafter.
E. Records pertaining to the registration and quarterly reports shall be preserved
by the lobbyist for inspection and audit by the City for a period of five (5) years
from the date of production.
2.72.080 ReQistration Fees
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Persons subject to the registration requirements of this Chapter shall pay an annual
cost recoverable fee of . Individuals within the same business entity who
qualify as lobbyists under the provisions of Section 2.72.020 are each subject to this
fee. The applicable registration fee is due at the time of registration or registration
renewal.
2.72.090 Prohibitions
It shall be unlawful for any lobbyist to commit anyone of the following acts:
A. Engage in any activity on behalf of a client as a lobbyist or accept compensation
as a lobbyist unless such lobbyist is registered and has filed the information
required by this Chapter.
B. Intentionally deceive or attempt to deceive a City official as to any material fact
which is pertinent to any pending or proposed legislative or administrative
action.
C. Contact any public official in the name of any non-existent person or in the name
of any existing person, except with the consent of such existing person.
D. Represent, either directly or indirectly, orally or in writing that the lobbyist can
control or obtain the vote or action of any City official.
E. Perform services for a client on a matter including any legislative action or
administrative action for a period of one (1) year after which the lobbyist had
performed services on such matter as a consultant for the City of Chula Vista or
Redevelopment Agency.
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2.72.100 Compliance
A. The City Clerk shall oversee compliance with this Chapter.
2.72.110. SEVERABILITY.
If any section, subsection, subdivision, sentence, clause, phrase, or portion of this
Chapter, or the application thereof to any person, is for any reason held to be invalid or
unconstitutional by the decision of any court of competent jurisdiction, such decision
shall not affect the validity of the remaining portions of this Chapter or its application to
other persons. The City Council hereby declares that it would have adopted this
Chapter, and each section, subsection, subdivision, sentence, clause, phrase, or
portion thereof, irrespective of the fact that anyone or more sections, subsections,
subdivisions, sentences, clauses, phrases, or portions, or the application thereof to any
person, be declared invalid or unconstitutional.
2.72.120. ENFORCEMENT.
A. The city attorney shall not investigate or prosecute alleged violations of this
chapter, but shall defend the constitutionality and legality of this chapter in
any civil proceeding in which the city or the city council is a party.
B. Special counsel shall investigate or prosecute alleged violations of this
chapter.
C. The city attorney shall solicit proposals from attorneys in accordance with
Section 503 of the city Charter and Chapter 2.56 CVMC to act as special
counsel. The city attorney may utilize the panel of attorneys appointed
pursuant to Section 2.52.170 for this purpose. The city attorney may utilize
the funds appropriated pursuant to Section 2.52.170 (c) for this special
counsel.
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D. The city attorney shall appoint a panel of no less than three attorneys to act
as special counsel. Said attorneys shall be compensated by the city and shall
serve as the enforcement authority for this chapter. Should the appointment
of additional special counsel become necessary or appropriate, the city
attorney shall appoint such additional special counsel as may be required. A
single member of the special counsel panel will be assigned to each case.
Assignments will be made on a rotating basis.
E. Complaints of violation of this chapter shall be submitted in writing, under
penalty of perjury, by a resident of the city to the city clerk. Said complaint
shall state the full allegation of facts that would constitute a violation of the
code. The complaint must be filed within 90 days of discovery of the alleged
violation.
F. The city clerk shall forward the complaint to the randomly assigned special
counsel from the panel of attorneys appointed by the city attorney within five
working days of receipt for a probable cause determination. If no probable
cause is determined to exist the complaint shall be dismissed summarily and
interested parties shall be notified in writing.
G. If probable cause is determined to exist, special counsel shall take further
investigatory and procedural steps necessary to resolve the matter.
H. Violations of this chapter may be pursued either through a civil or criminal
action at the discretion of the special counsel. Special counsel may also
commence and prosecute any necessary administrative proceedings or civil
litigation to compel compliance with this chapter. No enforcement or
prosecution or action of special counsel shall be subject to the review or
control of the city attorney or city council.
I. Special counsel may investigate and may institute legal action to prevent
further violations. The special counsel may decline to investigate if the
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allegation is also a violation of state law and is the subject of a complaint
filed with the fair political practices commission.
J. Special counsel shall be immune to liability for enforcement of chapter.
2. 72.130. PENALTIES.
A. Any person who willfully violates any provision of this chapter is guilty of
a misdemeanor. Any person who willfully causes or solicits any other
person to violate any provisions of this chapter, or who aids and abets
any other person in the violation of this chapter shall be guilty of a
misdemeanor. The City may also seek injunctive relief and civil
penalties up to $5000 for each violation or pursue any administrative
remedy set forth in this municipal code.
8. In addition to any other penalty or remedy available, if any person fails
to file any registration form or quarterly disclosure report required by
this chapter that person shall be unable liable to the City in the amount
of $100 per day after the deadline until the report is filed.
C. In determining the amount of liability, the court may take into account the
seriousness of the violation and the degree of culpability of the defendant.
If a judgment is entered, the funds recovered shall be deposited into the
city's general fund.
J:Attorney/Ordinances/lobbyists ordinance
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Mayor and City Council
City Of Chula Vista
276 Fourth Avenue
Chula Vista, Ca 91910
619.691.5044 - 619.476.5379 Fax
MEMO
ellY OF
CHUlA VISTA
Wednesday, May 03, 2006
TO:
Lorraine Bennett, City Clerk
~
FROM:
Zaneta Salde Encarnacion, Constituent Services Manager
RE:
Cultural Arts Commissions
Mayor Padilla would like to recommend Ms. Sara Deavenport to fill the vacancy left by Mr.
Gerald Larussa on the Cultural Arts Commission.
Please place on the next council agenda for ratification.
Thanks
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